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HomeMy WebLinkAbout08-05-1986 ~ Cc tndr~ Ln),t 0 L BG ~uqu.a~ 15, 19 ,j AGENDA CITY OF DENTON CITY COUNCIL August S. 1986 Work Session of the City of Denton City Council on Tuesday, August 5, 19860 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. Receive a report and discuss the status of the lease agreement and litigation between the City of Denton and Maverick Aircraft, Inc. 2, Review and continuation of the selection process for the Municipal Judge. 31 Executive Session; A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. (see item M1) 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. (see item 02) Regular Meeting of the City of Denton City Council on Tuesday, August 5, 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 June 10, 1986. 2. Consider approval of a resolution in appreciation of the Denton Record-Chronicle for their support and promotion of the Crepe Myrtle planting in conjunction with the Carroll Boulevard Beautification Project. 3. Presentation of awards for beautifir.ation effort to the City to Mrs. Mildred Hodges in the residential category and Mr. Jack Bell for Victoria Square in the commercial category. 4. Public hearings: A. Z-1782. Petition of The Nelson Corporation, represented by Craig Curry, requesting a change in zoning from the agricultural (A) district to the planned development (PD) district and City of Denton City Council Agenda August 5, 1986 Page Two approval of a concept play on a 52.9 acre tract in the Stephen Hembrio Survey, Abstract 643. The property is located on the north side of Robinson Road approximately 800 feet west of State School Road. If the planned development is approved, the following land uses will be permitted: Cluster Homes/Patio Homes - 9.5 acres, 52 total units, with a density of 5.5 units per acre Duplex - 13.4 acres, 80 total units, with a density of 6 units per acre Multi-Family (MF-1) - 10.7 acres, 193 total units, with a density of 18 units per acre Multi-Family (MF-1) - 8.0 acres, 144 total units, with a density of 18 units per acre General Retail (GR) - 2.7 acres General Retail (GR) - 8.6 acres (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approving a change in zoning and approval of a concept plan on a 52.9 acre tract located on the north side of Robinson Road approximately 8U0 feet west of State School Road. Be Z-1790. Petition of Paul M. Haywood, Jr. 111 requesting amendment of a detailed site plan on a 2.1 acre general retail section of an existing planned development (PD-41) located at the southwest corner of East McKinney Street (FM 426) and Loop 288. The property is further described as a tract in the M. Yoachum Survey, Abstract 1442. If approved, the amendment will change the design of a pcoposed curb cut/ariveway on Loop 288. (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approving amendment of a detailed site plan on a 2.1 acre general retail section of an existing planned development (PD-41) located at the southwest corner of East McKinney Street (FM 426) and Loop 288. C. Z-1791. Petition of Jo Storer requesting a change in zoning from agricultural (A) to the planned development (PD) district and approval of a concept plan on 164.31 acres located at the southeast corner of Brush Creek Road and U.S. Highway 377. The property is more fully described in the H. Haggood Survey, Abstract 517; r.' City of Denton City Council Agenda August S, 1986 Page Three W. Hudson Survey, Abstract 586; and George W. Daughtery Survey, Abstract 351. If approved, the planned development will permit the fallowing land uses: General Retail - 17.28 acres Private School - 2.36 acres Single Family Attached - 10.48 acres, 117 total units, with a density of 11.2 units per acre Multi-Family - 11.21 acres, 200 total units, with a density of 17.8 units per acre Single Family Attached - 18.82 acres, 218 total units, with a density of 11.60 units per acre Single Family (SF-10) - 35.60 acres, 102 total units, with a density of 2.87 units per acre Single Family (SF-16) - 60.76 acres, 122 total units, with a density of 2.01 units per acre Open Space (private) - 7.80 acres (The Planning ajil Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approving a change in zoning and approval of a concept plan on 164.31 acres located at the southeast corner of Brush Creek Road and U.S. Highway 377. D. Z-1813. Petition of Metroplex bagtneering Corporation requesting a change in zoning Arom the office (0) and commercial (C) districts to the planned development (PD) classification and approval of a detailed site plan on a 20.550 acre tract located on the south side of Audra Lane approximately 300 feet west of Loop 288. The property is further described as a tract in the M.E.P. and P. Railroad Company Survey, Abstract 927, If approved, the planned development and site plan will permit the development of 472 multi-family units. (The Planning and Zoning Commission recommends approval.) E. Z-1814. Continuation of the public hearing on the petition of Dr. Bill Cudd requesting a change in zoning from the single family (SF-10) district to the planned development (PD) classification on an 18.24 acre tract located at the northeast corner of U.S. Highway 380 and Old North Road. The property is further described as a tract in the Caswell Carter Survey, Abstract 275, and the R. B. Longbottom Survey, Abstract 775. If the planned development is approved, it will permit the development of an office park. (The Planning and Zoning "ommission recommends denial.) City of Denton City Council Agenda August 5, 1986 Page Four F. Z-1815. Petition of Mcl R. Lacquemont requestiniva go in zoning from the agricultural (Al ) district to the planned development (PD) classification and approval of a concept plan on a 412.12 acre tract in the Thomas Toby Survey, Abstract 1288. The property is located on the west side of FM 2164 approximately 1,850 feet north of Hercules Lane. If approved, the planned development will permit the following land uses: Tract I - Townhouses - 21.50 acres, 215 total units, with a density of 10 units per acre Townhouses, 14.71 acres, 147 total units, with a density of to units per acre Townhouses - 21.17 acres, 211 total units, with a density of 10 units per acre Neighborhood Service - 2.77 acres Tract II - Single Family (zero lot line) - 33.64 acres, 168 total lots, with a density of 5 units per acre Office - 19.01 acres Tract III - General Retail - 20.74 acres Multi-Family - 30.94 acres, 618 total units, with a density of 20 units per acre Townhouses - 12.96 acres, 129 total units, with a density of 10 units per acre Tract IV - Townhouses - 22.48 acres, 179 total units, with a density of 8 units per acre General Retail. - 7,88 acres Tract V - Multi-Family - 18.26 acres, 292 total units, with a density of 16 units per acre Single Family (zero lot line) - 43.88 acres 219 total lots, with a density of 5 units per acre Single Family (7,500 square foot lots) - 68.16 acres, 259 total lots, with a density of 3.8 units per acre Single Family (10,000 square fo(it lots) - 29.51 acres, 88 total lots, with a density of 3 units per acre Neighborhood Service - 3.01 acres Open Space (detention) - 13.31 acres (The Planning and Zoning Commission has no recommendation.) G. Hold a public hearing concerning the proposed annexation of approximately 132.64 acres of land being part of the G. Walker Survey, Abstract No. 1330, and part of the W. Durham Survey, Abstract No. 300, and beginning at a point approximately one mile south of FM 426 (bast McKinney) and 1 1/2 miles north of I-35B. (A-37) w City of Denton City Council Agenda August S, 1986 Page Five H. Hold a public hearing on 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. (The Public Utilities Board and Planning and Zoning Commission recommend approval.) 1. Consider adoption of an ordinance amending Appendix A of the Code of Ordinances of the City of Denton, 'T'exas, 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. (The Public Utilities Board and Planning and Zoning Commission re,.)mmend approval.) S. Consider t&k.ing vote of record on proposal to consider a tax increase for FY 1986-37. 6. 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 7.A, and 7.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: 11 Bid f 9630 - CIP Utilities Section C 2. Bid N 9635 - Metal building 3. Bid N 9639 - Meters, current transformers, meter sockets B. Plats and Replats: 11 Approval of preliminary plat of the Bonnie Brae Addition. (The Planning and Zoning Commission recommends approval.) L ty of Denton City Coun%.il Agenda August 5, 1986 Page Six 2. Approval of preliminary plat of the Denton Nursing Center Addition, Lot 19 Block 1. (The Planning and Zoning Commission recommends approval.) 31 Approval of preliminary plat of the Golden Triangle Mini-Mall Addition, Block A. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary plat of the Medical Center Addition, Section 1. (The Planning and Zoning Commission recommends approval.) S. Approval of final replat of Montecito Del Sur Subdivision, Phase I, Lots 14-16 and 25-34, Block A; Lots 5-89 Block D; Lots 2-110 Block E; Lots 1-18, Block F; Lots 1-20, Block G, and Lots 1-7, Block H. (The Planning and Zoning Commission recommends approval.) C. Change Orders and Final Payments; 1. Consider ap roval of Change Order 02 in the amount of 1,211 and final payment in the amount of $24,424.69 to Advance Tank Texas, Inc., for the 2 MG ground storage tank. (The Public Utilities Board recommends approval.) 2. Consider approval of final payment to Dickerson Construction in the amount of $38,508.53, Bid N 9557 - 1986 Section B CIP, water end wastewater improvements (water lines on Bolivar, Tulane, and Northridge and sewer lines Bolivar and North Elm). (The Public Utilities Board recommends approval.) 3. Consider approval of final payment to Dickerson Construction in the amount of $10,772.46, Bid M 9592 - 1986 CIP Section G, water lines. (The Public Utilities Board recommends approval.) 4. Consider approval of final payment to Roy Willis Electric Company for an overview signal bore project, Bid M 9608, Purchase Order 0 735580 City of Denton City Council Agenda August S. 1986 Page Seven D. Pro Rata Agreements: 1. Consider approval of a pro rata agreement with Holbert-Wyatt Addition, owner Holbert-Wyatt Volkswagen Inc., and/or their assigns, for a new water line. (The Public Utilities Board recommends approval.) 7. Ordinances: A. Consider adoption of an ordinance accepting competitl.ve bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of ordinance setting a date, time and place for public hearings concerning the annexation of approximately 23.6420 acres of land being part of the Gidson Walker Survey, Abstract 1330, and beginning adjacent and north of Edwards Road approximately .5 mile east of Mayhill Road and .5 mile west of Swisher Road. (A-41) D. Consider adoption of an ordinance approving a specific use permit in a single family (SP-10) zoning district at 623 lector Street for the operation of the Jane Marshall School. (5-185) h. Consider adoption of an ordinance app roving a change in zoning from the agricultural (A) to the commercial (C) district on 4.024 acres located on I-35 South, south of Pockrus Road and south of the M.K.$T. Railroad. (Z-1812) I7. Consider adoption of an ordinance authorizing the Mayor to enter into an agreement between the City of Denton and Deloitte, Haskins, and Sells as auditors for the fiscal year ending September 30, 1986. G. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 10 (Hire Protection) of the Code of Ordinances of the City of Denton, Texas by the addition of Article V thereto to be entitled "Alarm systems"; requiring the installation of smoke detectors in certain dwelling units. City of Denton City Council Agenda August 5, 1986 Page Bight H. Consider adoption of an ordinance approving a contract for the City's participation in the cost of installing an oversized water main, 1, Consider adoption of an ordinance approving a contract for the City's participation in the cost of installing an oversized water main. J. Consider adoption of an ordinance prohibiting the parking of vehicles on the west side of Fry Street between the intersections of West Oak and Scripture. (The Citizens Traffic Safety Support Commission recommends approval.) K. Consider adoption of an ordinance accepting the dedication by deed from Barworth Corporation of certain real property situated in the V.B. Gailor Survey, Abstract No. 452, Denton County, Texas, and recorded in Volume 513, page 351 of the deed records of Denton County to the City of Denton, for the use of said property as a public street. L. Consider adoption of an ordinance approving an amendment to the agreement between the City of Denton and Freese and Nichols for engineering services in regard to the raw water discharge/ pump station structure for Ray Roberts Reservoir. (The Public Utilities Board recommends approval.) M. Consider adoption of an ordinance approving an agreement between the City of llenton and Management Applications Consulting, Inc. for consulting services in connection with the 1986 rate study for electric, water and wastewater services. (The Public Utilities Board recommends approval.) N. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with the cities of Garland, Bryan, Greenville and Brazos Electric Power Cooperative, Inc, relating to the sale of electrical power to Texas New Mexico Power Company. (The Public Utilities Board recommends approval.) U. Consider adoption of an ordinance authorizing the Mayor to enter into an agreement between the City of Denton, City of Bryan, City of Garland, City of Greenville and Bnserch Gas Company for the sale of natural gas, (The Public Utilities Board recommends approval.) City of Denton City Council Agenda Au?tust S, 1986 Pag,° Mine P. Consider adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the Texas Municipal Power Pool and interchange agreement by and between the cities of Garland, Denton, Bryan, and Greenville and Brazos Electric Power Cooperative, Inc. relating to pool system operations. (The Public Utilities Board recommends approval.) 8. Resolutions: A. Consider approval of a resolution for approval of sewer pipeline boring license for Pockrus Road sewer line from Missouri-Kansas-Texas Railroad Company. (The Public Utilities Board recommends approval.) B. Consider approval of a resolution approving a letter agreement with Heard, Goggan, Blair Williams a Harrison for the collection of delinquent utility accounts in bankruptcy. 91 Tabled Items: A. V-30 . Petition of Don M. Bryant requesting a variance of provisions of the City of Denton Subdivision and Land Development Regulations requiring sidewalk, paving, curb and gutter, and drainage improvements for perimeter streets adjacent to proposed subdivisions. Two 3.0 acre lots located adjacent and west of Hickory Hill Road between Gibbons Road and FM 1830 are proposed. The property is located in the City of Denton's area of extraterritorial jurisdiction (HTJ) and single family development is anticipated. (The Planning and Zoning Commission recommends denial.) 10. Consider nominations to be forwarded to the Denton County Commissioners Court for an appointment to the Denton County Housing Finance Corporation. 11. Miscellaneous matters from the City Manager. 12. New Business: This item provides a section for Council Members to suggest items for future agendas. 13. Consider appointments to the Board of Advisors of Flow Regional Medical Center. City of Denton City Council Agenda August 5, 1986 Page Ten 14. Consider appointments to the Special Citizens Advisory Committee on capital improvements. 15. 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. (see item 014) 16. official Action on hxecutive Session Items: A. Legal Matters B. Real bstate C. Personnel/Board Appointments C B R T I F 1 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 the day of , 1986 at o'clock (a.m.) (p.m.) CITY SECRETMZY 2315C Council Minutes rune 100 1906 The Council convened in the parking lot of the Municipal Building and departe4_.for a tour Of-Lake Ray Roberts. The Council convened into the work session at 6:30 p.m, in the civil Defense Room PRSS=MT: Mayor Stephensl Council Members Alexander, Chew, McAdams and Aiddlesperger City Manager, City Attorney, and City Secretary ABSENT: Council Member Hopkins was out of town council Member Alford was out of town 1. The council held a discussion on and consider approval of a proposal from Denton County to provide health services to the City of Denton, Betty McKean, Assistant City Manager, reported that the city has received a letter from Acting County Judge Switser regarding the county's intention to contract with the various cities for environmental and clinical health services. The county had requested a response to this proposal by June 23. McKean then referred to a hand-out which gave the differences in the cost of the services for the current budget year and for the next budget year for Denton as well as other cit es in the County, The City's current cost had bean assessed 100,000 but would increase to #150,000 for fiscal year 198647. One question which should be asked was what had happened to the Health Department operations to require such a large increase in costs. Also the date of the receipt of the proposal and the requested response data did not leave adequate time for staff to research alternativea. Twelve other cities in the County had been contacted regarding this proposal. The City did not have funds available to put a city Health Department into place by the and of this fiscal year. City manager Lloyd Harrell stated that it might behoove the City to contract for these health services for one year and look at alternatives during the next twelve months. Consensus of the City Council was to direct staff to contact other cities in the County and togetherr approach the County for clarification on the why the coat of the service had increased and asked for an extension on responding to the proposal. The Council then convened into the Regular Meeting at 7:00 p.m, in the CLUncil Chambers. PRESENT: Mayor Stephens: Council Members Alexander, Chewt McAdams and Riddlesperger City Manager, City Attorney, and City Secretary ABSENT: Council Member Hopkins was out of town Council Member Alford was out of town 1, public Hearings A. The Council held a public hearing on the petition of Mr, and Mrs. Ken Bradley requesting historic landmark (H) designation at 805 Bolivar Street. The propperty is further described so all of Lots 4 and 5 and part of Lot 3, Block 4, of the Bacon Addition. The Mayor opened the public hearing. Mr. Ken Bradley, the petitioner, spoke in favor stating that the iroperty was originally part of the Eagan Farm and as such, had a of of history and folklore associated with it. The home, constructed by Dave Barrett in 19400 was unique for the time frame City of Denton City Council Minutes Meeting of June 100, 1984 page Two in which kt was built. Be further stated that the historical designation would be an asset to the neighborhood which was seeing an resurgence. Council Neater Riddlesperger asked if any other home constructed in this time frame had received the historical designation. Mr. Bradley responded that the rule of thumb was that structures be 50 years old; however, the Historical Landmark Commission and Planning and Zoning Commission had made an exception in this case. No one spoke in opposition. The Mayor closed the public hearing, Denise Spivey, Urban Planner, reported that the structure was an example of architecture in this neighborhood and had been associated with civic leadexs. The home had served as the site of many social weddings and parties during this time period. The Historic Landmark Commission recommended approval by a vote of 9 to 0 and the Planning and Zoning Commission recommended approval by a vote of 6 to 0. There were 22 reply forms mailed with 1 returned in favor and 2 returned in opposition. The Council considered adoption of an ordinance approving historic landmark (H) designation at 805 Bolivkr Street, The following ordinance was presented: NO. 86-112 AN ORDINANCE DESIGNATING 805 BOLIVAR STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AS A HISTORIC LANDMARK UNDER ARTICLE, 28A OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOP► AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'aye," Alexander 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. 2. Consent Agenda McAdams notion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A. Bidet 1. Bid 19619 - Distribution Transformers 2. Bid 19620 - office Supplies 3. Bid V622 Envelopes 3. Oroinances A. The Council considered adoption of an ordinance accepting competitive bids and pr„riding for the award of contracts for the purchase of materials, equipment, supplies or servi„,+s. The following ordinance was presented: NO. 86-113 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SurpLIEB 'OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE] AND PROVIDING FOR AN EFFECTIVE DATE, City of Denton City Council minutes meeting of June 10, 1946 Page Three McAdams notion, Alexander second to adopt the ordinance. On roll call vote, McAdams 'sye,' Alexander 'aye,' Riddlesperger 'aye," Chew "aye," and Mayor Stephens 'aye.' Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements (Bid #9609 - Stuart-Pershing Paving/Drainage.) The item was removed from the agenda by utaff, C. The Council considered adoption of an ordinance approving an agreement between Sunburst Development, the City of Dento.,, and Michael J, Whitten, providing for the payment of costa for the condemnation of land for drainage purposes. City Manager Lloyd Harrell reported that this item had been discussed previously. The following ordinance was presented: NO. 86-114 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF nENTON, SUNBURST DEVELOPMENT, INC., AND MICHAEL J. WHITTEN TO PROVIDE FOR THE PAYMENT OF COST OF CONDEMNATION OF A STORMWATER DRAINAGE EASEMENTI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'aye,' Alexander `aye,' Riddlesperger 'aye,' Chew "aye," and Mayor Stephens 'aye.' Motion carried unanimously. D, The Council considered adoption of an ordinance removing Bonnie Brae from the truck route ordinance. Rick Svehla, Assistant City Manager, reported that Bonnie Bras had been rebuilt approximately 6 years ago and was designed at that time for normal truck traffic, Due to development in the area, large numbers of trucks were now using Bonnie Brae which was causing structural difficulties with the street, The Citizens Traffic Safety Support Commission recommended that the street be removed from the truck route. The following ordinance was presenteds NO. 86-115 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES BY DELETING BONNIE BRAE STREET AS A DESIGNATED TRUCK ROUTE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll tail vote, McAdams 'aye," Alexander "aye,' Riddlesperger "aye,' Chew 'aye,' and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the single family (SF-7) classification on a 62.474 acre tract located at the southwest cor^~r of Hickory Creek Road and FM 2181 (Teasley Lane). 2-1806 City Manager Lloyd Harrell reported that the Council had seen this item previously. The following ordinance was presenteds s City of Denton City Council Minutes Meeting of June 10, 1986 Page four NO. 66-116 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 TUX CITY OF DENTON, TEXAS, BY ORDINANCE M0, 69-10 AND AS SAID MAP APPLIES TO APPROXIMATELY 62,474 ACRES OF LAND SITUATED IN THE VENTER SURVEY, ABSTPACT 1315, DENTON COUNTY, TEXAS, BEING LOCATED AT THE SOUTHWEST CORNER OF HICKORY CREER ROAD AND FM 2181, AS IS MORE PARTICULARLY DESCRIBED HEREIN) TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL (A) DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY (SF-7) CLASSIFICATION AND USE FOR SAID PROPERTY) PROVIDING FOR A MAXIMUM PENALTY OF 1,000 FOR VIOLATIONS THEREOF) PROVIDING FOR A SEVERABILITY CLAUSE) AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Aluxander 'aye,' Riddlesperger "aye," Chew "aye," and Mayor Stephens "aye.' Motion carried unanimously. F. The Council considered adoption of an ordinance amending "Schedule ECA" of the schedule of rates for electrical service, to provide for a reduced energy cost adjustment rate. Bob Nelson, Director of Utilities, reported that the Council had recently reduced rates 1/20 per kilowatt hour due to the reduced cost of natural gas. TMPA had renegotiated the mining contract which had resulted in an additional reduction in costs. City Manager Lloyd Harrell stated that this would bring the total decrease io 7.6%. The following ordinance was presented: NO. 86-117 AN ORDINANCE AMENDING "SCHEDULE ECA• OF THE SCHEDULE OF RATES FOR ELECTRICAL SERVICE, TO PROVIDE FOR A REDUCED ENERGY COST ADJUSTMENT RATE] AND PROVIDING FOR AN EFFECTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance, On roll call vote, McAdams "aye," Alexander 'aye, Riddlesperger "aye,' Chew 'eye,' and Mayor Stephens "aye." Motion carried unanimously. G, The Council considered adoption of an ordinance approving the payment of an amount not to exceed $10,000 to the Texas Municipal League to pay the cost of intervening in litigation relating to Texas water quality standards, Bob Nelson, Director of Utilities, reported that in January the Sportsman Club, Sierra Club and Environmental Defense Fund had filed a lawsuit against the Environmental Protection Agency in an effort to enforce strict adherence to water quality standards. This would be a nationwide test case to allow states to set water quality standards. While the City was very active in its support of clean water, there were concerns regarding the financial impac. of these standards on future wastewater treatment plant construction costs. There should be a balance between clean water and point sources. The passage of this ordinance would allow support of the Texas Municipal League's legal et.irts in the suit, Council Member McAdams stated that the lawsuit filed by the Sierra Club alleged that the rules set by the Texas Water commission were not adequate to meet the Federal Water Right Act. She had a problem with the City joining in the effort against the Sierra Club. Nelson responded that the interpretation of what was adequate treatment of water was very nebulous, Some of the rules for water treatment were more stringent in certain areas than in other areas. t City of Denton city council minutes meeting of June 10, 1986 Page live Council HomboLr MCA"" stated that it the Texas rules were not as stringent as the tederal regulations and we were not meeting all of the Texas regulations, perhaps we did need a push. Nelson responded that wastewater was monitored at the City laboratory, which was only one point. The Federal regulations stated that every water discharge point, including stormwater, should be monitored and treated. To strictly comply with such regulations would be cost prohibitive, Council Member McAdams stated that it was not known at this time that the interpretation of the regulations would mean that degree of monitoring and treatment. She was concerned about clean water and did not feel that enough was currently being done. Debra Drayovitch, City Attorney, reported that this particular lawsuit was saying that every water course (streams, etc.) should be clean enough to swim in and to support fish life. Each city would have to bear the cost of the treatment of this water to bring it up to these standards. Council Member McAdams asked if the Federal Clean Water Act required every stream to be in this same condition, Nelson responded yes. Denton did a very good job with water treatment; however, some smaller cities Me, ied their treated water into dry creek beds. The processing of water would have to be upgraded to meet these more stringent standards. It was felt that this lawsuit could go on for 1 to 3 years. TML was trying to enlist the support of member cities in an effort to begin negotiations with the Sierra Club, et al. Drayovitch reported that the Environmental Protection Agency had approved the Texas standards as being the most feasible, Council Member McAdams stated that she did wish there could be some middle ground. If the City were to support TML against the sierra Club, it appeared that the cities did not care about clean water, For example, we would be saying that the current regulations were too stringent and yet the City of Dallas had already been fined to noncompliance. She was concerned that the message which would be sent was that we intended to proceed with business as usual. Drayovitch reported that, if the cities were forced to comply with the letter of the law in the regulations, the monthly rates for water and sewer service would have to increase by 400% to pay the additional wastewater treatment, Council Member Riddlesperger agreed with McAdams stating that it was a serious thing to say that the City was opposed to clean water standards, because of the coot. Chew motion, McAdams second to table the ordinance until the July 1 Council meeting, Moclon to table carried unanimously. ' H. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Black and Veatch for engineering services in regard to utility distribution projects. Bob Nelson, Director of Utilities, reported that periodically a shut down of the power plant was done to be sure that it was operating properly. During the shut down, Black and Veatch would provide input on possible Improvements. Also, under the agreement, they would assist in the location of sites for new plants. The following ordinance was presented; City of Deniu;N City council minutes Meeting of June 101 1966 Page Six NO. 86-118 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENT.ON AND BLACX AND VEATCH FOR ENGINEERING SERVICES IN REGARD TO UTILITY DISTRIBUTION PROJECTS, AND PROVIDING FOR AN EFFECTIVE DATE, Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'aye,' Alexander $aye,' Riddlesperger *aye,' Chew 'aye,' and Mayor Stephens "aye.' Motion carried unanimously. 1. The Council considered adoption of an ordinance providing for one-way traffic from south to north on the east frontage road of Interstate Highway 3S between Highway 380 and Highway 77, and for one-way traffic from north to south on the west frontage road of Interstate Highway 35 between 380 and FM 1173: providing for a penalty in the maxtmum amount of $200.00 for Violations thereof. Rick Svehla, Assistant City manager, reported that staff had talked with the Highway Department regarding the timing for the signalization. The Highway Department expressed some anxiousness and felt that it was important that these service roads by made one-way as quickly as possible. If the ordinance was approved, the project would be moved up in their priority. The projected date for letting of the contract was now first quarter of 1987 with full signalization completed by early summer. Council Member Chew stated that he did not see how the City could afford to wait, The following ordinance was presentedi NO. 86-119 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-WAY TRAFFIC FROM SOUTH TO NORTH ON THE EAST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35 BETWEEN HIGHWAY 380 AND HIGHWAY 771 AND FOR ONE-WAY TRAFPIC FROM NORTH TO SOUTH ON THE WEST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35 BETWEEN HIGHWAY 380 AND FM 11730 PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOFO AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alexander second to adopt the ordinance. Council Member Riddlesperger stated that it appeared it would be approximately a year before full installation of the traffic signals would be completed, Svehla responded that the service roads would became one-way in the first quarter of 1987. The Highway Department would not improve the signalization until the roads were one-way, Council Member McAdams asked if the council could approve the ordinance making the service roads one-way contingent upon the installation of the signalization, City Manager Lloyd Harrell reported that staff would be glad to make a commitment to work with the Highway Department and try to delay the one-way requirement as long as possible. Svehla reported that staff had been told that the Highway Department would not install the signals without one-way signs being in place first. Mayor Stephens stated that an ordinance had been previously approved whereby that the service roads would be converted to one-way when the extension to Loop 288 was completed. It appeared that the Council was changing its mind. The Mayor then asked when the bridge over 1-35 would be built in conjunction with the northern extension of Loop 288. City of Denton city council minutes Meeting of June 10, 1986 Page Seven Svshla replied that the bids for Loop 288 would be let in 1987. He was unsure of the phasing of the project, the overpass could be built first or last. He would estimate the Completion of the overpass in the 2 to 3 year range. Staff understood that the funds were available for this project. Council Member Alexander stated that his perception was that the Highway Department was concerned about the safety aspect. Svehla responded that was possible. The District Engineer has indicated that he had received communications from the Governor regarding safety complaints. Council Member Chew stated that safety was a concern and many accidents had occurred at this intersection. He felt the City should get the signs and signals in place as quickly as possible. Council Member Alexander stated that he appreciated the concerns for the citizens who lived in Greenway Estates and the fact that they would be inconvenienced) however, he had received quite a lot of feedback regarding the safety issue. The council then recognized Mr. Hunter World, 2125 Greenway Drive, from the audience. Mr, World distributed maps and stated that various routes to Westgate Hospital had been driven to determine how much time it would take to get to the emergency room from oreenway Estates. if the services roads continued to be two-way, it took 2 minuteal the route down Thunderbird or Payne Drive to Bonnie Brae to university to Mesa Drive took 8 minutest the route north to 77 and back down the other service road took 8 minutes. The plan to make the service roads one-way in conjunction with the extension of Loop x88 and the construction of the overpass, was practical. Regarding the safety factor, a more dangerous Intersection was Loop 288 and I-35 at the mall. Another consideration was that Thunderbird was 43 feet wide and narrowed to 39 feet and then to 29 feet. If cars were parked on the street, the actual driving space left was only 16 feet. emergency vehicles would have difficulty in maneuvering in such narrow spaces. Council Member Alexander asked Mr. World to estimate the number of residents in this neighborhood who have to get to I-35 in order to drive to Dallas each day. Mr. World responded that there were approximately 1C0 townhouses and 100 homes in the area and also, it was developing rapidly. his primary concern was Still emergency service. Mayor Stephens stated that there were alternatives, The service roads could be made one-way at the time of the bid letting or maae one-way contingent upon the signals being in place and operational. Council Member McAdams asked if the ordinance as presented could be amended to be contingent upon the sign,:;,ization. A primary consideration had to be the cost of the signalization. It the City procrastinated, instead of the state paying for the installation of the signals, the City would have to bear the cost. Council Member Chew stated that he did not feel an amendment to the ordinance would be to the City's advantage. The Council could adopt the ordinance as presented and instruct staff to delay the signalization as long as possible. City Manager Lloyd Harrell reported that the state had indicated that they wanted the one-way signs in place before they would proceed with further signalization. City of Denton city council Minutes Meeting of June lo, 1986 Page Eight Svehla further reported that the state would be putting up the signs, not thi City. The Council then voted on the ordinance as presented. On roll call vote, McAdams 'nay,' Alexander "aye,' Riddlesperger 'aye," Chew "aye," and Mayor Stephens 'nay,' Motion failed 3 to 2. Council Member Chew stated that two of the Council Members were absent and as it would require four affirmative votes to adopt the ordinance, perhaps a now ordinance should be prepared and brought back to the Council at another meeting, Debra Drayovitch, City Attorney, reported that the language in the ordinance presented could be altered regarding the effective date. Instead of the ordinance becoming effective in 14 days, this could be amended to read 'shall be effective upon installation of signalization.' Chew motion, McAdams second to amend the ordinance to read "shall be effective upon installation of signalization." On roll call vote, McAdams "aye,' Alexander 'aye," Riddiesperger 'aye,' Chew `aye,' and Mayor Stephens 'aye.' Motion on the amendment carried unanimously, Chew motion, McAdams second to adopt the ordinance as amended. On roll call vote, McAdams "aye," Alexander "aye,' Riddlesperger 'aye," Chew "aye," and mayor Stephens 'aye." Motion carried unanimously. 4. Resolution A. The Council considered approval of a resolution authorizing the condemnation of .02 acres of land for drainage purposes; located in the S. C. Hiram Survey, Abstract 616, being part of that tract of land described in a deed recorded in Vol. 797, page 793, Deed Records, Denton County, Texas, The following resolution was presented: R E S O L U T I O N WHEREAS, the City Council of the City of Denton, Texas, has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described] and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owners upon the value of the hereafter described right, title and interest in the hereinafter described land situated in the City of Denton, Denton County, Texas: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. The City Council hereby finds and determines that it is necessary to acquire the hereinafter described right, title and interest in the hereinafter described land, and that it is necessary that it authorize proceedings in Eminent Domain to acquire the right, title, and interest in the hereinafter described property. SECTION II. That Michael J. Whitten, attorney at law, acting on behalf of the City of Denton, is hereby authorized and directed to bring condemnation proceedings to obtain a stormwater drainage easement in, over, and under the land situated in the City of Denton, Texas, described in Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, repairing and maintaining a stormwater drainage easement in, on, and under said property. F City of Denton City Council Minutes Meeting of June 10, 1986 Page Nine SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 10th day of June, 1986. MY STEPHENSp MAYOR CITY OF DENTON, TEXAS ATTEST; CHARLOTTE ALLEN, CITY SECRCTARY CITY OF DLNTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY; Chew motion, McAdams so..cond that the resolution be approved. On roll call vote, McAdams 'aye,' Alexander "aye," Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. e. The Council considered approval of a resolution by the city of Denton, Texaa, authorizing tiie City Manager to sign and submit to the Department of Housing and Urban Development a Final Statement of Objectives and Projected Use of Funds, with appropriate certification. (The Community Development Block Grant Committee recommends approval.) Elizabeth Evans, Community Development Grants Administrator, reported that this resolution was part of the application process to HUD for funding, The Final Statement of Objectives and Projected Use of the Funds had been published and a public hearing had been held. The funds received would be used for houoing rehabilitation and the southeast Denton recreation center. The following resolution was presented; R E S 0 L U T 1 0 N A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY 14ANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunttlesl and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate incomes and WHEREAS, the City of Denton, Texas, as an entitlement City, has prepared, through a citizen participation process, a program for utilizing its first year entttlem~ant funds in the approximate amount of $470,3841 and WHEREAS, the public hearing will have been held in accordance with the laws and WHEREAS, the Act requires an application and appropriate certification) NOW, THEREFORE, 71 city of Denton city council minutes ;setting of June 10, 1966 Page Ten BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON$ THAT: 'SECTION I. The City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development andrant applioation and approtriate assurances for entitlement funds uer the Housing and Community Development Act of 1970, as amended. SECTION II. That the City Council of the City of Denton, Texas, authorizes the Director of Planning and Community Development to handle all fiscal and administrative matters related to the application, the Housing Assistance Plan and the assurances. SECTION III. This Resolution shall take effect immediately from and after its passage. SECTION IV, That the City Secretary to hereby authorized to furnish copies of this Resolution to all interested parties. PASSED AND APPROVED this the 10th day of June, 1986, RAY STEPHENS$ MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS SY: McAdams motion, Chew second that the resolution be al;provee, )n roll call vote, McAdams "aye,' Alexander "aye," Riddlesperger 'aye,' Chew 'aye," and Mayor Stephens "aye." Motion carried unantmously, C. The Council considered approval of a n:;olutkun authorizing the Mayor to execute a Pipe Line License A2reenrnt between the City of Denton and the Missouri -Kansas -Texas Railroad Company. Bob Nelson, Director of Utilities, reported that this was a routine item regarding an electrical line across Payne Road. The following resolution was presented: R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, THXASi The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated June 1, 1985, between the City of Denton and the Missouri-Kaneas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and instal- City of Denton City Council minutes meeting of June lo, 1986 Page Eleven cation of ohe aerial eleotrical distribution line containing a maximum of 13.2 KV at Mile Post K-725,83, Denton County, Texas. PASSED AND APPROVED this the loth day of June, 1985. RAY STEPHENS, MAYOR CITY OF LENTON,TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, McAdams second that the resolution be approved. On roll call vote, McAdams 'aye,' Alexander 'aye,' Riddlesperger "aye,' Chew 'aye," and Mayor Stephens 'aye.` Motion carried unanimously. D. The Council considered approval of a resolution declaring the week of June 8, 1986 as Flag Week and June 14, 1986 as Flag Day for the City of Denton. The following resolution was presented: R E S 0 L U T I 0 11 WHEREAS, over two hundred years ago, in June 1775, the first distinctive American flags were flown over the colonial defenses during the Battle of Bunker Hill, One flag was an adaptation of the British Blue Ensign, while the other displayed the pine tree, a symbol of the experience of Americans who had wrested their land from the wilderness; and WHEREAS, as the colonials moved toward a final separation from Great Britain, other flags appeared. At least two of them featured a rattlesnake, symbolizing vigilance and deadly striking power. One bore the legend "Liberty or Death"I the other, 'Don't Tread on Me'. The Grand Union Flay was raised over hashington's Continental Army Headquarters on January 1, 1776, it displayed not only the British crosses of St. Anurew and St. George, out also thirteen red and white stripes to symbolize the American Colonies. The Bennington Flag also appeared in 1776, with thirteen stars, thirteen stripes, and the cumber 076"; and WHEREAS, two years after the Battle of Bunker Hill, on June 14, 1777, Lhe Continental Congress adopted a flag that expressed clearly the unity and resolve of the patriots who had banded together in the cause of independence. The delegates voted "that the flag of the thirteen United States be thirtuen stripes, alternate red and whiter that the union be thirteen stars, white in a blue field representing a new constellation"; and WHEREAS, after more than two centuries, with the addition of thirty-seven stars, teach representing one of our 5P States, a flag chosen by the Continental congress on that June day in Philadelphia still waves over our Hation. This flag symbolizes our shared commitment to freedom and federalism and carries a message of hope to the afflicted, of opportunity to the oppressed, and of 1)eace to all humanity; and City of Denton City Council Minutes Meeting of June 100 1986 Page Twelve WHERfA6, to cosuaemorate the adoption of our flag, the Congress, by a joint resolution approved August 3, 1949, designated June 14 of each year as Flag Day and requested the President to issue an annual proclamation calling for its observance and for the display of the Flag of the United States on all government buildings, The Congress also requested the President, by joint resolution approved June 9 1966, to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week and calling upon all citizens of the United States to display the flag during that week] NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. That June 14, 1986, be designated as Flag Day` and the week beginning June so 1986 as "National Flag Week', and urge the citizens of Denton to display the Flag of the United States and observe Flag Day and Flag Week by flying the Stars and Stripes from their homes and other suitable placesi to honor their country in renewing their dedication by publicly reciting the Pledge of Allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all. SECTION II. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the lUth day of June, 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEOAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Chew second that the resolution be approved. On roll call vote, McAdams 'aye,' Alexander "aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens "aye.' Motion carried unanimously. 51 The Council considered approval of modifications to the intersection of Carroll and McKinney. Rick Svehla, Assistant City Manager, reported that staff had been mindful of the Council's wishes regarding Carroll Boulevard. The firm of DeShazo, Starek and Tang had been retained to complete a study of the Carroll Boulevard/McKinney street intersection. The findings of this Study were presented to the Citizens Traffic Safety Support Commission who had unanimously voted to accept the recommendation to restrict the left turn movement onto Carroll Boulevard from McKinney via median modifications. Council Member McAdams asked why the Carroll/Parkway intersection was signalized instead of the Carroll/McKinney Intersection. City of Denton City Council Minutes Meeting of June 10, 1986 Page Thirteen Svehla gave a brief history of the rationale for the current signalization;, Mr. Mark Goode, representing De6hazo, Starek and Tang, reported that traffic counts were performed at the Carroll/McKinney intersection in January and February. The result was that this intersection did not meet any of the 7 warrants for signalization. His firm wa0 recommending that the congestion at the intersection could bra diverted to south to Oak and north to Parkway via median modifications. A survey of signal warrants had not been done on Parkway. Council Member McAdams stated it did not seem appropriate to have full signalization at Parkway and not McKinney as McKinney was a through street and Parkway was only one block .long. McAdams motion, Chew second to table the Item. Motion to table carried unanimously. 6. The City Manager had nothing to report under miscellaneous matters, 7. The Council was to receive a report and discuss the status of the lease agreement between the City of Denton and Maverick Aircraft, Inc. This item warn taken under the Executive Session. 8. The Council was to receive a report on the status of the proposed asset transfer of Flow Memorial Hospital. This item was taken under the Executive Session. 9. The Council was to hold a discussion regarding potential right-of-way acquisition for street expansion. ,i This item was taken under the Executive Session. 10, The Council was to consider annual appointment of members to City of Denton boards and commissions. This item was taken under the Executive Session. 11. Now Business Th.: following items of New business were suggested by Council Members for future agendasr Council Member Chew requested the City Attorney to prepare a new ordinance regarding vicious dogs. Mrs, Ginger Henry of Sanger asked to be recognized by the City Council. Mrs, Henry stated that she wished to speak to the Council regardii.g a problem which she had experienced with the City ambulance service. On June 61 an ambulance had been called to transport her father from the Care Inn in Sanger to Westgate Hospital. Upon arrival, the ambulance was overheating and another ambulance had to be called. The second ambulance began to transport Mr. Henry to Westgate and also experienced overheating problems and was forced to stop in route to the hospital. A third ambulance did intercept and completed the run to the hospital. She stated that it was an unusually hot day and all involved experienced discomfort while waiting for the third ambulance. Mrs. Henry further stated that, although her father did subsequently pass away, he was very elderly and had a variety of health problems, She also statea that the ambulance. attendants were very kind and courteous and her father was receiving medical attention from the time the first ambulance City of Denton City Council Minutes Meeting of June 10, 1986 page Pourteen arrived. She wanted to bring this matter to the attention of the council as As felt it was very important that these types of emergency vehicles received regular maintenance to prevent this type of occurrence in the future. 13. The Council reconvened into the open session to take the following official action on legal matters in the Executive Session. McAdams motion, Chew second that a letter demanding possession of the leasehold with Maverick due to continuing defaults be prepared and sent to Maverick. Motion carried unanimously. Chew motion, Riddlesperger second to adjourn. Motion for adjournment carried unanimously. With no further items of business, the meeting was adjourned at 11:20 p.m. RAY STEPHENS, MAYOR CHARLOTTE ALLEN, CITY SECRETARY 1460s r• . fi=r. T [t .ec rte. f RadaOLUrrar tX ArrRsmuoM or rNx "DEXTOM Awato CMROMICLE" WHEREAS, the Denton Aecord-ChrotUclo provided -support and prasotion of the I.aroll bulevard Beautification Project, Crepe Myrtle plantingi uxt MSSASAS, tba Project solicited roatribut/oms trot buslaesset and Privets cltlsena to purchase Crepe Myrtle Treat to CONNOts the beautification project started in 1979) and { MHEREAS, the Project, Co-aponsored by the City Beuutification i Commutes, Chamber of Comeoroe and the Denton Record- Chronlcle, received donations which totaled $3,977.03 and eighty Crepe Myrtle trees were planted between sort Worth Drive and Sherman Drivel HOW, THERNMRS, at IT RESOLvBDs i that the Council of the City of Denton, Terns, acting on behalf of the citizens and staff of the City of Denton, wish to acknowledge, with grateful appreciation, the support and promot.ton provided by the Denton Record-Chronicle which has made the Carroll Boulevard Beautification Project a success. I PASSED AND APPROVED this the Sth day of August, 1906. RAY sTEPXSMs, MA" CITY Or DIM" . ATTEST: CHARLOTTE ALLRH, CITY sECRETARY CITY Or DEMTOA', THUS APPROVED AS TO LEGAL MM Alli?kZ Do" ADANZ DAAYOVITCM, CS ATTQIlXdY MY Or DSMTOH, TSEAs DATE: CITY COUNCIL REPORT FQ}3tlgT_ = AV `~f " TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LLOYD V, HARRELL♦ CITY MANAGER SUBJECTS Presentation of Beautification Awards RECOMMAT I ON : The Denton Beautification Committee wishes to award ',Ira. Mildred Hodctes recognition for her property improvement of landscaping her home at 820 N. Elm Street. SUMM: Mrs. Hodges was nominated for the award by the Deautification Committee and selected bA? a panel of judges. BACKGROUND: :ors. Mildred Bodges, 820 N. Elm Street, spends many hours perfecting a variety of plant material at her horse. This personal effort is certainly a credit to the surrounding neighborhood and the City as a whole. Through her efforts she has made a positive influence on others and has contributed to the eautift tion of.the City, r DEPAffAiNTS OR, GROUPS AFFECTED: FISCAL IMPACT: RESP ULLY SUBMITTED: LLO D V. HARRELL CITY MANAGER PREPA D BY. AME Robert K. Tickner TITLE Superintendent o£ Parks A ROVED ; MT FLE CIIY,CONCIL REMRT FQWT TO MAYOR AND MEMBERS OF THE CITY COUNCIL ; FROM: LLOYD V, HARRELLo CITY MANAGER SUBJECT: Presentation of Beautification Awards RECO ENATION: The Denton Beautification Committee wishes to award the Victoria Square Complex$ 401 S. Locust, recognition for significant improvement through landscaping and architecture. SSUMARY Mr. Jack Bell or his representative has made significant improvement in the area of Locust and Prairie Streets with the addition of the Victoria Square Complex. The landscaping adds greatly to the aesthetics of the facility and has continued to be maintained since installation. BACKGROUND: This facility was nominated bil the Beautification Committee and selected by a Panel of Judges. MRA S, DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: jRESP FULLY SU MITTED• C LLOYD Vs HARRELL CITY WAGER PREPARED BY: 01~1 1`0 AM Robert K. Ticknor TITLE Superintendent of Parks D: NAME f TITLE DATE: 06/05/86 CITY COUNCIL REPORT FORMAT ~i • TOs Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Z-1782 AND ORDINANCE RECOMMENDATION: Planning and zoning commission recommends approval. SUMMARYs The planned development would include cluster houses, duplexes, multi-family and general retail on 52.9 acres. An additional tract of property between this property and State School Road is in the City of Corinth. BACKGROUND: The City council adopted a resolution on May 200 1986 establishing the intersection of Loop 288 and Robinson Road as a moderate intenaity area. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Eight property owners within 200 feet were notified. All departments involved in the development process will be affected. FzsCA.~„L IMPACT: No impact can be determined at this time. Rasp c fully subsei tads to Harrell Prepared by: City Manager C o_ U G k t~ ire Cecile Carson Urban Planner Appro d: JeffMey Director o an n and Development 03069 PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COLNCIL To: Denton City Council Case No.: Z-1782 Meeting Date: August 5, 1986 GSNERAL INFORMATION Applicant: The Nelson Corporation 5999 Summerside Drive #202 Dallas, Texas 75252 Status of Applicant: Land Planner Requested Action: A change in zoning from the agricultural (A) to the planned development (PD) district, If approved, the planned development will permit the following land uses: Cluster Homes/Patio Homes - 9.5 acres, 52 total units, with a density of 5.5 units per acre Duplex - 13.4 acres, 80 total units, with a density of 6 units per acre multi-Family (MF-1) - 10.7 acres, 193 total units, with a density of 18 units per acre Multi-Family (MF-1) - 8.0 acres, 144 total units, with a density of 18 units per acre General Retail (GR) - 2.7 acres General Retail (GR) - 8.6 acres Location and Size: A 52.9 acre tract in the Stephen Hembrie Survey Abstract 643. The property is located on the north side of Robinson Road approximately 800 feet west of State School Road. (Case Z-1782) Page Two GENERAL INFORMATION (Continued) Surrounding Land Use and Zoning: North - Agricultural; planned development; State School, single family South - Planned development; Golf COLrse; single family East - Planned developments single family; neighborhood service; Golf Course West - Planned development; duplex; four-plex Denton Development Guide: A moderate intensity area SPECIAL INFORMATION Transportation: This property is located along the possible alignment of Loop 288. The location of the Loop has not been approved by the Highway Department$ The entrances from Loop 288 should be located to accommodate future signal spacing. If property develops prior to construction of the Loop, the developers should be responsible for off-site improvements between I-35 and this property. The multi-family and general retail areas should have private internal roads. Utilities: A proposed 12" water line must be extended from a 14" existing line on State School Road south to proposed Loop 288. An existing 27" Hickory Creek Interceptor appears to be, on north property line and a 12" liikze must be extended south to Robinson Road. All other utilities :,re available in the area. The utilities will be divided between the City of Denton and the City of Corinth and arrangements must be made between the two cities to serve the area. ,u p (Case 2-1782) Page Three SPECIAL INFORMATION (Continued) Drainage: Detention and off-site drainage improvements will be needed. Sharon Lake will need to be addressed and could be used as a possible regional detention area. No drainage improve- ments exist to the north and should be addreseed during platting. HISTORY The Planning and Zoning Commission considered this item at its March 26, 1986 meeting and tabled the request pending a change in the Development Guide policy for the area. The City Council approved a resolution on May 20, 1986 establishing a moderate intensity area at the intersection of Robinson Road and proposed Loop 288. ANALYSIS This property is located in a moderate intensity area as designated by the Denton Development Guide. Two additional moderate nodes were located along the southern Loop when the Guide was revised in 1984 with those nodes located at the Loop and Teasley Lane and the Loop and Hwy 377. Since the city limits divide this property and zoning has been established on the property to the south (golf course and single family), the staff recommends that the entire 52.9 acres be included in the moderate intensity area. The area would be 14% under the standard if this request is approved. The property to the east abutting State School Road is presently in the City of Corinth. City officials have been discussing the possibility of moving this city limits line to State School Road to insure a more logical boundary line. The petitioner has stated that the same zoning as in this request will be requested from the City of Corinth. If the city limit line is moved and the City of Corinth approves a similar zoning request, all of the property to State School Road will be included in the moderate node. (Case 5-1783 Page Four ANALYSIS (continued) The land use proposed does not provide a totally adequate buffer or transition to the adjacent approved land uses. The retail is adjacent to single family zoning with 3.5 units per acre on the south side of Robinson Road. The multi-family abuts duplexes on the west and single family on the east. One planning constraint is the TP&L substation at Robinson and State School Roads. The Parks and Recreation Department estimates that 5 acres ! should be dedicated as park (based on one acre per 100 dwelling units). while the proposal is in close vicinity to the golf course, the proposed area is not within the service area of an existing neighborhood park. An area on the west side of Loop 288 is recommended by the Parks and Recreation Department to be developed in cooperation with the adjacent property owner. The project will impact the traffic system in the area. The property has access from Robinson Road and State School Road. Robinson Road west of the Oakmont Development to Teasley Lane is predominately a county road and is in poor condition. The section of Robinson Road through Oakmont has been improved and a road connecting Robinson Road to I-35 is being constructed. State School Road within Oakmont has been improved, but the remainder of State School Road to I-35 is in poor condition. If this project is built prior to construction of proposed Loop 288, only one main access to Oakmont-II will exist. Staff recommends to the Counail~ d as outlined in the Transportation, section on this report, that an overlay paving of 2 inches for a 24 foot wide section from I-35 to Oakmont-II should be a condition of this zoning request. The plans for paving improvements would be required with plat approval and construction would be required with other public improvements. If improvements are completed by other developers in the area prior to the development of Oakmont-II, the condition would not be imposed on the Oakmont-II developers. RECOMMENDATION Planning and Zoning Commission recommends approval of Z-1782 with the following conditions: 1. A Detailed Site Plan must be submitted fur each parcel consistent with development standards attached. 2. Points of access shall be in accordance with the Subdivision and Land Development Regulations of the City of Denton and approved with detailed plan. 3. A 50 foot setback with no buildings on parking areas will be located on the east and west side of Loop 288 right-of-way. (case 1-1782) Page Five i7 RECOMMENDATION (continued) 4. Landscaping and shrubs must be planted in setback on Robinson Road. Details must be included and approved with the detailed plan and landscape plan required by the Planned Development Ordinance. ALTERNATIVES 1. Approve petition 2. Approve with additional conditions 3. Deny petition ATTACHMENTS 1. Location Map 2. Concept Plan 3. zoning Exhibit 4. Development Standards 5. Adjacent land use map 6. Oakmont-I site plan 7. Planned development site plan (29 acres west of site) 8. Reply Form Total 9. Mailing List 10. Minutes of Planning and Zoning Commisa,on meeting of June 25, 1986 01120 PO - 91 • ~ I = I ~ S •16S I I 4f 1 ~ ~-~-.rte-rr--~.r.• i 1 1 Lll PD' 20 I i f PD-T6' % ti 12 A " PD- 68 762 ~ I ~i - r~-. r• ~ r r r ~ err 11 I 1 IP0611 S•166 I I HICKPRY • r , Conceptual 41fe Plan fort AO%L I 4yr10r~ Mfr ►100.1y Y~1 Myu 4.•1400.e 1 G.v/q Nl.e 1L• Y40&0 141jo d04,142, i0e Vail A4. 10,44 7101 grll Mr Tu04 14104,1 1 , t , 1 •4 Ir 1N•w"Affilr $i. Irrrr r.^. 'r_~r.w.~. rrr..rr . a F#fiT53tt/~'~ora+'e'+' ~ P~•~ 3r"e.~'c'•,^+riir ..rr•rr • ~+r swea,aawme ...+w0 wwwaaai ti Is•e3L1rbewxsrea 1,~ ~RtB also" Naar / rr~ I . •rrrrr 1 V 1 rlOMM w~ ~ `~""4""•~'~.-rte , r, LOA -Aw, agamw 4 Am6 wir., #A oog" Awl. #A J 46 L.L..t Cs,.Ir.rA n•1 ~j~wt~► b~~~~1Y'"""",r~,~J»I~" Q1~:/I~+. r11iJ,»ul rti .l Yr .wlr,. 1/•I{. `4~ IJ.+I'~..1.0M""rl'I~A+db•14 wN rr r r~• r 4.Y ry,1. REVISED .110.. boor it",. r 117.1'11 Zoning Exhibit for, n_r. _ yr1I:6.._..±,.,~% • _ Oakmont H A Planned Der/loom/nl District That '!W't' UEnrOn. Texas / / rr Treat RA' of }/•lPr, rrRn riii Vii: :ileHrllRlu• C r l is IIeMINttYple Nr~ ` •r ~1 iiiu OM0, / ooryo ~t/1i4 r ilot$ ••BHI yl 11r ' OI IN McMel/PAllr M/MI fill, Nnbbr •qr Ad. I at AsNeI. 61~M1 if As. r ~ / 1. y1Nlr y , 411ruurt {rRNlr j+ l -Y 11 r11,tu. f l l I{ f 1 1 i ~ 1dYfier114111 WYYAII► of trr, LAM/ Y11 I Ac1ttl ♦ YYI►/ Irap1111 r+,Y.NY - / I I l jji1.11Sm 1r n / l / 1 A e11{11/ Nrwn/►rllr Ir~1/ 6I 1/ /1 Lbl 1111 11' I I • , 1 ear ti~i ~P 11 n~1u' Ilnluu •r ' S pill* Y/Ilrl/111111 ILJ 11 - - r. IIONr. R.r1gP lr• 1 , r 114 nlpl 1 ul Hwu I `,•f - / ~ M A/rr1r1111', 1/Orr H+rlNlwl 11.1 J10 111 / errH .rlrll 11.1 11 Treat 90r1' 11 1 \117 ~ Or '1 To.el {s'e I' 1 .1r~1 •1 { buN• ` IMP ~1 11 , 1 DIPILe1YlY1 TOTAL 11'1 111 N/ l As.r1q\~n1i7CendeMyll~l.1~/'rr' 11Ar-1.1, ' i ~-A►Mn. ILi'~r. A9NIM~e}NC/ndevnl M11M1 1 r` IY} •Y./ i ` &Off to 41.41 41. • I' 1 111'1,11 406, or / / 11 I/./ e:Y./AA. ,to 044 woolli LT 1 11^V M 1 b. Ir 1..1 {/N11. 111111x1 ~ Ilb rl I/q1 IIIb11 r ` 1~r ` 1 1 1 i r ...,TNdI IC'Ir' r 1 'r 1 ~ lTfl~ r ~ ~ r YQRI In. 1 ~ t 'OR / R Os111r/1 R/NII - ~ ~ r r.. ,I e11NU 1 1 A~Na. ar N, / t ••~„il' •n•n q/11. s A / 111 P.A.q. 14 oil ~,I IIN 1 r ban ~ \ r {I Ir11111 f♦ I Y'Ilv~a. Amwl oo. « err w. ~..~~~w.r w.•` I~ri 1 i f r r b Ins 1 ~r."1 4401 1n qul/rt lu Illli Ir bbN Url• H111 11111 IIj No •11111..• REWSFM DSVEL)PRENT sTAMDARDs yxyaror~swr coscsrr This proposed addition to the Oakmont Development is iocated northwest of the original development and bordered along the south by Robinson Road and along the east by State School Road. Of the total 41 acres, approximately 53 acres are included within the city limits of Denton. The Oakmont aadition is proposed to provide single family residential, multi-family residential and general retail shopping areas that are intended to be compatible with existing land uses and thoroughfares proposed for the ima,ediate area. Land uses in the residential areas will include cluster homes, patio homes, duplexes, apartments, and condominiums. These proposed use districts will serve as transition zones between the residential areas to the east and west, and the future Loop 288 proposed to be included within the property. Development standards within this submission will be compatible with the existing development standards for the Oakmont community, 0264e TRACT 'A-1' 8241A PAKILY DYTACRID-DW&LING DIBTRICT (CLnBTO Ion/ aaTsA 80111 U1lIT8} PERNITTRA 08881 • Single family, detached and/or zero lot line homes meeting requirements outlined herein. RYW IRBNRNTB t Maximum Building Height - two and one-half (2-1/2) stories inimum Lot Area - three thousand, six hundred (3,600) square feet Minimum Lot Depth - ninety (90) feet minimum Lot Width - forty (40) feet Minimum Front Yard Setback - twenty-five (25) feet Minimum Side Yard Setback - zero (0) and ten (10) feet, ten (10) feet building separation minimum Rear Yard sstk - ten (10) feet minimum Unit size - one thousand, two hundred fifty (1,250) square feet maxim" Build ng Coverage - sixty-five (65) percent Parking Requirement - minimum two (2) spaces Permitted Density - 5.5 dwelling units per gross acre or 52 units 0264e TRACT •A-2' TR~TA!lILY DMILLXNG D~~TRICT (~pL~x vx~8) PRRMITT=D USSi s • Duplex homes meeting requirements outlined herein. • Uses as permitted in the 02-!• two-family dwelling district as outlined in Article 7, Section 9 - primary Residential Uses, of the Zoning Ordinance for the City of Denton, Texas, Ordinance No. 69-1. RRQUIRFAINTBs Maximum Building Height - two and one-half (2-1/2) stories Minimum Lok Area - three thousand, six hundred (3,600) square feet M nim t Depth - ninety (90) feet Mimum Lot Width - forty (10) feet Minimum [rent Yard Setback - twenty-five (25) feet Minimum Side Yard Setback - zero (0) and ten (10) fests ten (10) feet building separation Minimum Rear Yard Setback - ten (10) feet Minimum Unit Size - one thousand, two hundred fifty (1,250) square feet Maximum Building Coverage - seventy (70) percent Parking Requirement - minimum two (2) spaces Permitted Density - 6.0 dwelling units per p gross acre or 80 units 0264 TRACT= •Ml• a •9-2' NtIL -PA9LX_ _Lt- DiSTRIC,CT-l (ALAIMI M/cop"INION BIT$) PIRNITTXD VSRgs • Multi-family dwelling units meeting requirements outlined herein. ' Uses as permitted in the multi-family dwelling district-l as outlined in Article 7, Section e - Primary Residential Uses, of the zoning Ordinance for the City of Denton, Texas, Ordinance No. 69-1. REQUIREXXXTB s Maximum Building Height - two and one-half (2-1/2) stories Minimum Lot Area - six thousand (6,000) square feet Minimum Lot Death - one hundred (100) feet Minimum Lot Width - sixty (60) feet - Minimum Front Yard Setback - twenty-five (25) feet Minimum Side Yard Setback - tan (10 feet Minimum Rear Yard Setback - tan (10) feet NOTEc A screening structure or a ten (10) foot landscape buffer shall be located along the western property line as indicated on the attached zoning Exhibit. - Maximum Building Coverage - fifty (50) percent - Minimum Unit Size - single level units-five hundred (500) square feet two level units-seven hundred fifty (750) square feet - Parkin, Requirement - per Denton Zoning Ordinance, Article 15A - Permikted Density - 18.0 dwelling units per gross acre or 144 units in Tract 18-1" and 193 units in Tract "B-2" 0264e r TRACTS 'C-l• i 'C-Z• GpIEM RRTAU OIBTAICT (CONMU RRTAIL g2pplMO1 PRRIIITTRD URU s • Uses as permitted in the General Retail District as outlined in Article 7, Section H - Retail and service type uses, of the zoning Ordinance for the City of Denton and the followinq land uses; Amusement - Commercial (Indoor), Theater - Other than Drive-in type, Auto Laundry, Auto Sales and Repair (in building), gasoline service station, and new auto parts sales stores. RRQUIRBXBNTS t Maximum Buildina Height - three (3) stories minimum Front Yard Setback - twenty-five (25) feet minimum side Yard Setback - ten (10) teat Minimum Rear Yard Setback - ten (10) feet Maximum Building Coverage - fifty (50) percent Permitted Floor A-ea Ratio - Tract "C-1" - Irl Tract "C-2" - 0s75tl Landscaped Open Space - minimum of twenty (20) percent Parking - per Denton zoning ordinance, Article 158 0264e DEVSLOPNEMT SCEEDQLE The schedule for development and construction of Oakmont Ii is anticipated to begin within the next 3 to S yesra. During that time and before construction begins, market studies, plats and plans will be in progress. Phase I development will most probably begin with the Patio Home and other residential districts adjacent to the State School Road area due to existing access to the site by public roads. A d:+tatled development plan for this area is anticipated for submittal in the fall of 1991. Further phasing of this project is dependent on time frames and right-of-way location of Loop 288 through the site as well as establishing the exact location of the Robinson Road/Loop 28b intersection. Marketing trends within this area will also be a determining factor in the anticipated progress of development. The projected completion date of Oakmont II is as yet undetermined, again, due to the time frames established for Loop 288 as it is proposed through the Oakmont II development. Phase I - Patio Homes and residential adjacent to State School Road. Phase I - Detailed Plan, October 1991s Phase II - All Other Land Uses Phase II.- Detailed Plan, July 1995 0264e OJIRNOIIT 11 DMLOPNRII'P SVIKUy DE- N~,~ITY Tract 'A-1' A~REB UNITS '8P-D' One-tastily Dwelling District Cluster Homes/Pstio Homes 915 18 52 505 Tract "A-2" '8!-D'/•lP' One-fsAily/Two-fsa:ily Dwelling District Patio Homes/Duplex 13.4 26 80 610 Tracts '8-1' and 4e-2' 'NP-i' Multi-family Dwelling District-1 Apartments/Condominiums 18.7 35 337 18.0 TOTAL RESIDENTIAL aA" ..UL PROP08RD NOMEBIDRNTIALt Tract 'C-1" ACMES t UNITS DENY 'OR' General Retail District General Retail Shopping 8.6 16 1:1 P.A.R. Tract "C- 2' 'GR' General Retail District General Retail District 2.7 0.75:1 F.A.R. TOTAL NONRESIDENTIAL "ka-IL 4 Cries DEVELOPMENT TOTAL 52.9 100 469 0264e . ~r , all Land Use and Vicinity Map for= ' DENTON r Oakmont II I Denton, Texas . 6H.LN•.1 1101 •IU.NO f/1 r • • rI.1. 6.0010041441 6o1•o.111.. 11. 0140408 64166141104 •1#o 1.••.. 19-040. 6611 60004#010. Drl.. 661111 1.11. I/loo 611100, 1.... Fees 0enlon tale Be of - \ ''~1++ INw#nrw. t top of Village l..un .nl lual \ I ~•IHr r1w11 may- ..01..01--~ « . r, • . ~HIH ;//~^J 1 4611 @fella IL11.1 IH1 0101rr • Oakmont- 004 IIw • ~ it 110404 ~1 14111 111.1 ~ /1.14 .H111 ~ .111 t + / / 11.111 ~ •11111 / • _ 1:A11reA 1111• • ~ / 1 • 6 ~'~.N... 6.O. 0111 -Oakmont- e i I ~ O • i • CORINTH i i - I r _ . u.. 1... Z- ~~8a- J l wwrlW"11M/WA 11Y OF "1/.W ..IWIII.w N doom ~L . HMO ~ 11 I K ~ , 1' S Now" I we. M11wIlw IM.w"MN wmW► V OmMMY >Mw i y1r ~ i W "111 MwW Y1 wIM w IN11 YW. f fM YYr W 1"et.r IMrw rMrw W Ir M1r11rIN ~ 11 WM.r wN~ W M rA I06I11Y" *"W 161 010" M N II1M IIIIY/ N MIrMq „1 f'Ml $%a" 14 r/r Yw too 1i II NYW W.It '1Y / ~ I I 1 I VIN J J 44" 111 r " Toossiotiff" =uJ 7 II 11M loft" . I' ~temoMa'M 111 N i ,y R 'C~J~ g~.~~ • L i 1. Y ~ ~ ~ ~ ~ aml clw I X111 Y civet" NIIM J ~I N 1 N g"1N 111". 11! 11111 f » ,N 1... w ( " a ~ I 1I 111 N I ~ i `'I; If Land Use Plan for: m' OAKMONT ..rl.....1 MI 1111 11. Al M ' O 1w", rn" Owl o" 1.. ~ M 11. ~ M/M1 MM11 1"111 6bw111NN 0" .r 11 Y 1111 I1111e$ Ad. 1YYM N1111 #40" 1ww il.N~r It W" r 3 1 1--- A"A - 06 VITO. t1 / film ert , y.. ~ it N w tf tOLAtgN t W w i h I ! I x LAND USE TAKC loth LtM1't M ' w x y ! I f \ aM IF III Il el is IOD 4 Rtf1 M ..7 61 t r • •AZ4n o.se kAwbowr•t..M&M M I 1 J MAL IN 2924 8.7 ! w K .r ~ t . ~ N I' H/.. 1 f f - 't w n !M MR `lwt I r I • r ew.w l LN M. f J omit A.S. p/7ft11f a c- r nfut»r • • nwwr.u.ww~ ~n~i~w.~w~M. n.tf■war rr see~ls• sDl.r R F'I 1 PROPERTY OWNER REvA Y FORMS CITY COUNCIL Z-1782 IN FAVOR IN OPPOSITION UNDECIDED Robert H. Mitchell None Received and Ruth Mitchell Rt. 5, Box 130 Denton, TX 76201 i r t •.+ap { -e. • `ry. - ' n. ; 4~>-+•.r.~AR. }~Y~'4`t t*• - a n . x cv°,fi~+At v'LV`f - t t it • ~.Y i e G 9Yo ~f•.•• I 3 ";K'' _ti. ..1.. ;~'"""r~!!XK~'P"rY77; l~P"?'-':!I~R~'°-:"^-w=• ~ • Atl r ~ f r .may' ~I~~.q,wd • a 1"j.• ~ k('~ , All Mail I 3' ~ I~l`'p'": t°°'7';}~ F^V'+,7A=~ .-^c' ° • _ ,o ~ ♦.i%o ~rtJ+ ; • 77 I tv' an• t~,y ~~"T PAN& i s td. r,• .ty a oI s. sc s! .'~;T~t•. s / 1 r ~ 40" Wfj) iril" v4.1 S.~t~~Gwi.. a♦~~~ . i~'~ !'i.~4t1~+~'#'"Il~f lC'6'weli.:•n?wi4M061371•Utl~F4!OIIl111gMlarNavicems-noy.,.~w.. I. i.u P 4 Z Minutes June 2S, 1986 Page 5 Mir left turns across Loop 288 to head north. She said that staff recommends denial of the site plan amendment because the new driveway design is hazardous and disrup tive to traffic, Mr. Clark apologized that this case took so long but that they negotiated with the state for twi month;i for an answer. Mr. Juren asked if the traffic signs would fall under the requirements of the sign ordinance, Ms. Carson said that if they are shown on tie site plan they would nave to conform, Mr. Morris stated that there is a provision in the sign ordinance for traffic control signs. Ms. Carson stated that they were not city signs, Mr. Morris said that the provision is for traffic control signs that are not owned by the city, RUB UTTAL: Mr. Jester said that a lot of work and time has been Invested in this project. He said that this request was not their idea and they just wanted to comply, Mr. Holt asked about their development plans. Mr. Jester stated that they are ready to begin construction when this item is resolved. Chair declared public hearing closed, VECISIUN; Mr. Juren moved to recommend approval of Z-1790, .econ a by Mr. Escue, Mr. Holt stated that 17U feet is not far enough from an intersection. Mr. Claiborne asked if there is a deceleration lane on Loop 288. Mr. Clark stated that the state would not provide a deceleration lane for private driveways. Vote was called and motion carried (3-1). Mr, Holt voted no. C. Z-1782, Petition of The Nelson Corporation, represented by ~r'aig Curry, requesting a change In zoning from the agricultural (A) district to the planned development (PD) district on a S2,9 acre tract in the Stephen Hembrle Survey, Abstract 643. The property is located on the north side of Robinson Road approximately 8U0 feet west of State School Road, If the planned development is approved, the following land uses will be permitted: Cluster Homes/Patio Homes - 9,S acres, 52 total units, with a density of 5,5 units per acre Duplex - 13,4 acres, 80 total units, with a density of 6 units per acre Multi-Fnmlly (HP-1) - 1U,7 acres, 193 total units, with a density of 18 units per acre Multi-Family (MP-1) - 8,U acres, 144 total units, with a density of 18 units per acre General Retail (GR) - l,7 acres General Retail (GR - 8.6 acres Mr. Juren made the motion to remove Z-1782 from the table. Seconded by Mr. Escue and unanimously carried (4.0). Bight notices were mailed to property owners within 100 feet; one reepl fora was teceived in favor, no reply forms were received in opposition, and one reply form was recelwod undecided. _ ,"mss°` r~.RS-~ryl~e~e. _,y'.. I~ rg•n, rs a 'e. ~~,y -:'e.. .n Y 8 Z Minut as June 15, 1906 Page 6 PET1710NER: Craig Curry, Nelson corporation, stated that on MMarchZ6, 198o this proposal was tabled by the Commis- sion so that the intensity policy could be evaluated. he said that the study session was held on April 9, 1986 by the Planning and Zoning Commission. He said that on April 230 1986 the Planning and Zoning Commission recommended that the intensity nude be changed from a low to a moder- ate area. He said that the City Council approved a resolu- tion changing the policy of the Guide on May 2U, 1986. He said that their initial proposal did not fit a low intensi- ty area. He said since the first proposal they have re- duced their total units, fie said that they now have single family cluster and patio homes Instead of multi-family, patio homes and townhouses. He said that they have also changed some patio homes to duplexes. He said that the multi-family has been reduced from 583 units to 337 units. He said that the commercial tract is now general rotall and has been reduced to 8.8 acres, He stated that he was late in reading the staff report and agreed with all condi- tions except for the 50 foot setback. He asked that this should be left until the time of site plan review and plat- ting because of the unknown status of Loop 288. IN PAVOR: Robert H. Mitchell stated that he used to own fni proop'erty, He said that he still owns five acres to the north. He said that Uakmont has done a good job and have made tnis area look like a park. He said that they have enjoyed working with the developers of Oakmont. OPPUSHD: Dan Hampton stated that he lives across Robinson kooailTtrow this proposed development. He said that his con- cerns are the impact on the roads and the schools, lie said that his primary objection Is the apartments. He said that when the apartments are built there will be nobody to fill them. He added that there Is ample commercial and retail shopping in the area around the mall or will be under con- struction within Oakmont. He asked if the prospective buyers for lots in Oakmont I were made aware of the pro- posed zoning change. Curtis Hawley, Oakmont Estates, said yes. Mr. Hampton stated that he called individuals with lot options In Oakmont I and none of them were aware of the zoning change. He asked the Commission to put the brakes on high density development in the area. He said that he was not opposed to development and that he was glad that there were reductions from the 4nitlal proposal. He said that the reductions were still n,t adequate. He asked for those in opposition to stand. Approximately lU people stood up. Mr. Claiborne asked if he was aware of the other hearings. Mr. Hampton said no. He said that he saw a sign and called the Planning Department and they said that they were unaware of a zoning change. Lois Carter stated that they own 19 acres next to Mr. Hampton outside the city limits. She said that her concerti was the high density and how it would affect her property at the rise of sale. She said that she was not offended by the Oakmont development. She sal that she felt that th,y have done a great job. Susan Carney, Wimbleton Village, stated that liar concerns ware the overcrowding of the schools and the condition of the roads. ti J1 Y i Z Minutes June 2S, 1966 Page 7 Mr. Claiborne stated that the schools were the responsibil- ity of the Denton Independent School District and that a new school is proposed on Hickory Creek Road. He said that the traffic flow would be on Robinson Road or State School Road. Ms. Carney asked if anything is planned to be done to the condition of the roads. Mr. Cf0 borne stated that Robinson Road to the point of Oakmont Is the county's responsibility. He asked if the City planned any improvements for State School Road. Mr. Clark said no. s uFf WORT: Ms. Carson stated that the Planning and Zoning Commission considered this item at its March 26, 1986 meeting and tabled the request pending a change in the Development Guide policy for the area. 'rho City Council approved a resolution on May ZU, 1986 establishing a moderate intensity area at the intersection of Robinson, Road and proposed Loop 288. She said that this proposal is divided between the City of Corinth and the City of Denton. She said that If the city trait line is chanted the property to the east abutting State School Road will be part of the City of Denton and will be added to the moderate intensity node. Site said that staff's main prob- lem with the proposal was the transition and buffering. She said that there is residential zoning and structures to the south and proposed single family to thu south and east. She said that the property to the west is zoned planned development for duplexes, four-plexes and retail. She said that a reply form returned undecided was from Mr. Hutton who is concerned with the compatibility of land uses. She said that there is a landscape buffer pproposed between this request and Mr. Button's property. Sne said that there is a school proposed on Hickory Creek Road to be opened In 1987. She said a school site in the South- ridge development has been arranged, She sold the she spoke to Mr, Hampton about the zoning change by phone and in person. She explained that the first time Mr. Hampton phonc,d that the staff had accidentially put a sign on the property, She said that since then it has been put up again and was properly advertised. She said that Phase I is not projected to begin until 1991. Sne said that they have no information on Phase II and will need this infor- mation if the reouest is recommended to the City Council. She said that staff recommends approval of Z-1782 with conditions. She said that condition requiring a SO foot setback has been imposed on all other proposals along Loop 288. She said that a condition has been added in that okf- site improvements consisting of a Z4 foot repaving overlay of State School Road from tita northern boundary of this planned development to 1-35 must be completed as part of the conditions of this planned development. She said that the repairing is to provide a drivable access to this, property, Mr. Claiborne asked if it was feasible that they could start building in six Months. Ms. Carson said yes but that this pproposal depends on the Loop itself and what happens with Dakmont I. Mr, Claiborne stated that if they started construction before the Sts?e constructed the road would the developer have to build the portion of the Loop. Ms. Carson said yes. Mr, Meyer asked staff to clarify if this is considered a high intensity development. Ms. Carson stated that the proposal is within the guidelines of a moderate intensity area, ttBB TTALt Curtis Hawley, Oakmont Estates, stated that they have built concrete streets for access. He said that they have built a boulevard from property line to Post Oak . ~F.. ~.r j _.a g w:.,... _ g.;{IFV+•: ~.fi,l a++ _ .Sc- li P ` Z minutes June 25, 1900 Page g Drive. He said that they are building another boulevard from the end of Robinson Road to the interstate. tie said that their traffic study indicates that they will not im- pact State School Road or Robinson Road to the west. He said that the traffic will be contained by their improve- ment of the boulevards. He said that they are trying to make a commitment to the City and to ask them to build the road is unfair, he said that ne has ■et with the U1SD on school sites. He said that after Mr. Hampton called the lot buyers he personally spoke to 4Ul of them and sent letters to all of them. Mr. Curry stated that this is it neighborhood development and he could not understand the opposition. Chair declared public nearing closed. DUCISIUN; Mr. Juren said that he had a question about the a'ddi`tional condition. 4e asked if the State School Road is in Corinth. Ms. Carson stated that the portion in Corinth has already been improved by Oakmont. She said that staff is concerned about portion in Denton. Mr. Clark stated that staff is con.:erhed about a drivable condition from the northern boundary of the property to 1-35. Mr. Holt said that basically tnis road would be used by people who didn't live in the City of Denton. Mr. Carson ,tared that it is hard to determine. She said that current road improvements are south of Wimbleton Village and that individuals residing in Uukmont it would need access to the north. Mr. C?-xiborne said that initial proposal was more dense than this one, He said that the members of the Commission expressed concern at the time in regards to the density. He said that the multi-family area with 17 units per acre has good merit when other areas of the town have 2S-3u units per acre. He said that Mr. Hampton had a good point but wanted to know where he was when all the other hearings were taking place. Mr. Juren moved to recommend approval of Z-1782 with the following conditions: 1. A detailed site plan must be submitted for each parcel consistent with development standards. 2. Points of access shall be in accordance with tae Subdivision and Land Development Regulations of the City of Denton and approved detailed plan. 3. A SU foot setback with no buildings on parking areas will be located on the east and west side of Loop 288 right-of-way. 4. Landscaping and shrubs must be planted In the setback on Robinson Road. Details must be included and ap- proved with the detailed plan and landscape plan re- quired by the Planned Development urdinance. Seconded by Mr. Claiborne. Mr. Juren stated that he felt it was unfair to impose offsite improvements. Vote waa called and motion unanimously carried (4-0). Mr. Hawley stated that he would make a commitment to improve State School Road to a driveable condition. r; NO. AN ORDINANCE AMENDING THE ZONING HAP OF THE CITY OF DENTON, TEXAS AS SANE WAS ADOPTED AS AN APPENDIX TO THE CODE OF F THE CITY OF ASDANUDID,OAND AS SAID MAPDAPPLIES TTOARS1.9 ACRES OF LAND OLOCATHi ON THE NORTH SIDE OF ROBINSON ROAD, APPROXIMATELY 100 MT WEST OF STATE SCHOOL ROAD AS IS MORE PARTICULARLY DISCRIBID HIRAIN• TO PROVIDE FOR A CN06E IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLUMED DEVELOPMENT "PD+# DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN POR SAID DISTRICT; V PAOVrDING FOR IOLATIONS THBRBOr, AND PROVIDING PO AN EFFECTIVE D~Yi 000.00 FOR THE COUNCIL OF THE CITY OF DINTON, TEXAS, HEREBY ORDAINSI E -0 acreshof real property, described in Exhibit designation "All* attached ohereto and incorporated herein by reference, is hereby changed from Agricultural "A" ri.strict Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive toning ordinance of the City of Denton, Texas. SECTION II. That the "concept plan" attached hereto as Exhibit "B'1, and incorporated herein by reference, is hereby approved as the concept plan for the district herein established, to accordance with the provisions of article 11 of Appendix B-zoning of the Code of Ordinances of the City of Denton, Texas. d SECTION III. That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. Points of access shall be in accordance with the Subdivision and Land Development Regulations of the City of Denton and shall be approved with the required detailed plan. there2.ofThehadelltailed show plan foott (SO') issetback on the west tied ' east sides of the proposed Highway Loop 111, in which no buildings or parking areas shall be placed. reuired setbackLondRobinsonaRoad ~ruLands aping details must the and approved with the detailed plan. SECTION The Zoning Map of the City of Dentin, 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, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. I { 1,z si I; 1 SECTION V. That the Clty 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, song other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the slue of the buildings, protecting human lives, and encouraging the most appropriate uses of land ter the maximum benefit to the City of Denton, Texas, and its citi:ens. SECTION VI, 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 darr 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 VII. 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 1916. RAY STEPHENSo MAYOR CITY OF DENTON, TEXAS i i ATTEST: CHARLOTTE ALUM CITY SECRETARY CITY OF DENTON,0TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: , Z•1782/,PAGO 2 EXHIBIT "All All that certain tract or parcel of land situVi'l in the SCophen Hembrie Survey, Abatraet Number W, Denton County, Texas, s;uJ bela& part of those tracts described in a deed to Robert N. Nitcholl, at ux as recorded in Volumw 336, Page 100, and Volume X941 Page 10 Deed Records of said Count, and being more particularly described as follouei BEGINNING at a 60 D nail at the southeast corner of said Hembrie Survey and being in Robinson Roadi I:IENCE North 88 dog 51 min 30 sac Nest, with the south ;ins of said Hembrie Survey and with said Robinson Road a distance of 1390.63 feet to a steel pin; THENCE North 00 deg 28 min 40 sec waste a distance of 051.28 fast to a stool pin on the north line of said Hembrie Survoyi THENCE North 84 deg 11 min 06 sac East, with a fenaa and with the north line of said Hembris Survey a distance of 877.00 feet to a fence corner post; THENCE South 02 dog !2 min 16 sec west, with a fan,.* a distance of 25.00 feet to a fence corner posq THENCE ;forth 84 deg It min 06 eec East, with a fence a distance of 575.21 foot to a steel pin, said point being in the east line of said Hembrie Survey; THENCE South til deg 21 min 31 see west, uiLh the, vast line of said Hembrie Survey a distance of 2701.57 feet to the POINT OF BEGINNING and containing 52.9692 acres of land note or less. Z-1782 X341 EXHIBIT "B" CONCEPT PLAN FOR OAKMONT II, CONSISTING OF: 1. Conceptual Site Plan (1 page); 2. Zoning Exhibit (1 page); 3. Development Standards (S pages); 4. Development Schedule (1 page); and S. Oakmont II Development Summary (i page). Z-1782 Conceptual 41fo plan fors dw&dft 0 as Iry,.. O~yi ly~i,M ~Cyai►yyNlw~l f►, M,I~w,~6ir~ii.11M • ~ N{~ {,,~~w MHN N~~4Y~~IH14 NIN r►IIN, 1,u, 1•YN MNN~ t,,.~ 1N►1 Jyz--- - !~„y ~ rrr -.y ` i wrr 1~~~ YYlil.y YA C! f1 f{ ~ ' Y~"r~Y'n i~ ~~47!'fM1 1 .mar -+y~..~r (n) I ~r i ~4 , :l~Eltltl++►~lits~athrre ` agar r,OMY1W yyWr~ !m/ ' 46 1 r~~ OWL" ~li1~YYr ~r C♦,~ x. J1Y1~.6..wlq~ w w:4.lV L 1 I iwk. ♦ i11Y+i.,OLrwIW,~~~J .i14 .IlyA Zoning Exhibit for, Oakmanr{, I p A /IOnsso Orrolo►AIOAI DI/tr1 rTr.el •A-1• S Denton. Texas 61nrn11.n 61' n1•.u IuNlr 4. m ~ /o1NS NeslsrlpYPlos"-._; ~ 1 ' YL11 /.rUH.•II bylgl H♦ • /1~ ..n p.4 n.r © 11 1 111/ 1.~p. .rf 041 UI Ibf1I H1U 4 _,4•/611 Ir,• Al. 1 I ~r,1~s1 Of Nrl.or//rlir memo 1 ~ b11n. 0/111 )old* 1N~.•/N1 f.r.u ru/ hl.f 1 S.* r.Y./M. , 6001$4. too,, 011.1 AM041. r.• A6. r'3 Owed, 6.0.046. 11 1 I •T YM11 tl 1 I / r q • ` ,1.un. 1 u.. ~ . f~ ; ' /I I I ~ ~ qr+l orr r AIrA6T 6 T •Y 1•r e..rigi rill _ r I r 1 I ►Ar1 Yoe rare • . 111• I I• ' A Yritr Ir1. Ia. 1 too i ? •IY~IN M6~6•Ir•IU YY~•6 0.0 1• 6Hr 1y r1 111.1,. r1r •4 1 •1y1, 1 ..1 11.. m~' . J /~1I 00116 Yl,Y6s/rYYI•Y Hr• of L4_'J' r► ' Tr ssl ' 41 / A►•IU661r/r6u6■11116~• Io,l 04 6tf 64110041 161611 MO 01 APnIwAAli7CrnsrnNleWAlyi.~ / •Ar/-F• r6rrlorr6rt totA1 40.4 too •s• I' A6 u61. u.i so, -4~' APUtws111r/0ondeAUnWAIr It'' ` { 1 " 16~•~.V./4w 1 Appoo" 0.0 Ad. 64 14,11, r.V.r M, 10 . I H1.0.. 11,uu1 IA• 0041/ ~ 11 IINI ,1HU 1 . I ~U' 11 U as I HNII•. 46 Is 4. It ,IIy L I } 17 Its at •C.1!• 1 f , f 1 aN + sort .1 1 t a6rsfN Nrsll J ILr rnaYl !r•/ I I F' si f 1 •r 6..100 . + J 601.1. ► A 111 /r 41L I 'i Hy ' t nu.w. M4, its. •1.111/I-~• .r1411 r/ 1... ` IN1 , x'11,1.,, 1, •.M.I 1 ~6 • ~ .ter ••-'~1O3i T.~.:i~, , •`r'!~fnW. ~l{~~~ ~ _ I ~ ~ \ 1r r6l•~.wr.~... r.~,~~'~s'a~l7i._..~_~r.~ll ...~,~1 ' ` .rr .r1 N 1 1 N to I_._7 V\ w11/•. 1n uu1 r. • • i , '11a•w. 1 , 1 a-- sho 14,40 x far -..xr-.ter.-i-., ~1.•--'-c ;.,.is .r --7';x s-:_ i DMLOPMj1NT STAMDARM Dl~liR4~=~,K This proposed addition to the Oakmont Development is located northwest of the original development and bordered along the south by Robinson Road and along the east by State School Road, Of the totAl 61 acres, approximately 53 acres are included within the city limits of Denton, The Oakmont aodition i9 proposed to provide single family residential, multi-family residential and general retail shopping areas that a.a intended to be compatible with existing land uses and thoroughfares proposed for the immediate area. Land uses in the residential areas will include cluster homes, patio homes, duplexes, apartments, and condominiums, These proposed use districts will serve as transition zon*a between the residential areas to the east and west, and the future Loop 298 proposed to be included within the property, Development standards within this submission will be compatible with the existing development standards for the Oakmont Community, 0264e TRACT 'A-3' iA&I FAMILY DCPAQHWL _DMELLIN0 ~3CT (CLUSTER 8011E/PAT20 Nye nNIT„al PERMITTED U8E8t • single Family, detached and/or zero lot line homes meeting requirements outlined herein. REQUIREMENTS: Maximum ldir.g Height - two and one-half (2-1/2) Otories &AIMULUt- Ara - three thousand, six hundred (3,600) square feet um ►,ot___De~ - ninety (90) feet Minimum Lot Width - forty 40 t minimum Front Yard altbaph - twenty-five (25) feet t1~nim~um 9idg Yard setback - zero (0) and ten (10) feetp ten (10) feet building separation Minimum Rear Xa d Set bock - ten (10) feet Mi im m Unit size - one thousand, two hundred fifty (1,250) square feet Maximum juildin ve - sixty-five (65) percent Parking Requirement - minimum two (2) spaces P r~ milted Dennity - 5,5 dwelling units per gross acre or 52 units I 0264e TRACT "A-2" TWO-FAMILY R"E"ING DISTIUCT (putbix P MITTED U828t • Duplex homes meeting requirements outlined herein, • Uses as permitted in the 02-!• two-family dwelling district as outlined in Article 7, Section 8 - Primary Residential Uses, of the Zoning Ordinance for the City of Denton, Texar, Ordinance No. 69-1, ABOUIREMINTS: - Maximum 8uildin Height - two and one-half (2-1/2) stories Minimum Le f• r..., - three thousand, six hundred (3,600) square feet Minimum Lot Depth - ninety (90) feet - Minimum Lot Width - forty (40) feet Minimum 8ront Yard Sa}►,w..k twenty-five (25) feet Minimum Side Yard Setback - zero (0) and tan (10) !sets ten (10) feet building separation Minimum ear Yard Setback - tan (10) feet minimum Unit Size - one thousand, two hundred fifty (1#250) square feet Maximum Building coverage seventy (70) percent - Parking Requirement minimum two (2) spaces Permitted Density - 6.0 dwelling units per gross acre or 80 units 0264• TRACTS •S-1• i 03-20 O~TI-EAKILY M"I11Si DIBTJIIC?-1 ~APA~tTiIaMT/CAND~Mrllrtri nr~~ei PERMITTED vsRSs • Multi-family dwelling units meeting requirements outlined herein, ' Uses as permitted in the multi-family dwelling district-1 as outlined in Article 7, Section 8 - Primary Residential Uses, of the zoning Ordinance for the City of Denton, Texas, Ordinance No, 69-1, REQi1IRElILNTB ~ Maximum wilding Heinht - two and one-half (2-1/2) stories Minimum Lot area - six thousand (6,000) square feet - Minimum Lot Depth - one hundred (100) feet Minimum Lot Width - sixty (60) feet Minimum Front Yard Setback - twenty-five (25) feet Minimum side YAKdetbar~ - ten (10) feet minimum Rear Yard Satback - ten {10} lest NOTEc A screening structure or a ten (10) foot landscape buffer shall be located along the western property line as indicated on the attached Zoning Exhibit. Maximum Building Coverage - fifty (50) percent - Minimum Unit size - single level units-five hundred (500) square feet two level units-seven hundred fifty (750) square feet Parking Reguirepent - per Denton Zoning Ordinance, Article 15A Permitted Density - 18.0 dwelling units per gross acre or 144 units in Tract •B-1• and 183 units in Tract 08-20 0264e TRACTS ec-1' i •c-1' 4! RXTA L DISTRICT (CENA', ERTAxr. NO PP PI(RXITTSD URNS t • Uses as permitted in the General Retail District 41 outlined in Article 71 Section H - Retail and Service Type Uses, of the zoning Ordinance for the City of Denton and the following land uses: Amusement - Commercial (Indoor), Theater - Other than Drive-in type, Auto Laundry, Auto Sales end Repair (in building), gasoline service station, and new auto parts sales stores. RDQUIREMSNTSt - maximum Building Height - three (3) stories - Minimum Front Yard Setba - twenty-five (25) feet - Minimum Side Yard Setback - ten (10) feet Minimum Rear Yard setback - ten (10) feet Maximum Building Coverage - fifty (50) percent Permitted Floor AreaigtAO - Tract "C-1" - ill Tract "C-21 - Ot75t1 - Landscaped Open $12o-go. - minimum of twenty (20) percent P-- r$ - per Denton Zoning Ordinance, Article 15B 0264e D=VELOPNWT SCANDMA The schedule for development and construction of Oakmont It is anticipated to begin within the next 3 to 5 years. During that time and before construction begins, market studies, plate and plans will be in progress. Phase I development will most probably begin with the Patio Home and other residential districts adjacent to the State School Road area due to existing access to the si;e by public roads. A detailed development plan for this area is anticipated for submittal in the fall of 1991. Further phasing of this project is dependent on time frames and right-of-way location of Loop 288 through the site an well as establishing the exact location of the Robinson Road/Loop 286 inte,sectione Marketing trends within this area will also be a determining faster in the anticipated progress of development. The projected completion data of Oakmont II is as yet undetermined, again, due to the time frames established for Loop 288 as it is proposed through the Oakmont II development. Phase I - Patio Homes and residential adjacent to State School Road. Phase I - Detailed Plan, October 199le Phase II - All other land uses. Phase II - Detailed Plan, July 1995. 0264e OAXMONT If DEVdLOPMtl1'!' sviYlA y ~o xa Rcsra_,_errr Tract "A-1" ACRBB UNITS EN TY W-D' One-family Dwelling District Cluster Homes/patio Homes 9,5 18 52 565 Tract "A-2" 's?-D'/"2t' One-family/Two-family Dwelling District Patio Homes/Duplex 13.4 26 80 6.0 Tracts "a-1' and 06-2" *MF-1' Multi-family Dwelling District-1 Apartments/Condominiums 18.7 35 337 18.0 TOTAL RESIDENTIAL 4 LRDPOSaD_ NONR~jTIALt Tract 00-1" ACRES UNITS DENSITY "01' Qeneral Retail District General Retail Shopping 8,6 16 IS1 P,A.A. Tract 'C-2" "OR' General Retai3 District General Retail District 2.7 5 0.75s1 F.A.R. TOTAL NONRESIDENTIAL DEVBLOPMA NT TOTAL $2.9 100 469 02640 DATE: 08/05/84 CITY COUNCIL REPORT FORMAT r LJ. TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Public Hearing for Z-1790 RECOMMENDATION: The Planning and Zoning Commission considered thin item at its meeting of June 25, 1986 and voted to recommend approval of Z-1790 by a vote of 3-1. SUMMARY: This is a request for an amendment of a planned development (PD-41) detailed site plan. The amendment will permit the relocation of a curb cut on Loop 288. BACKGROUND: A feature of the approved PD-41 detailed plan was the corner clearance variance on the Loop 288 driveway approved by the Planning and Zoning Commission and the City Council provided that the developers constructed a right turn in and out only driveway. The State Highway Department rejected the permit. The new proposed design will permit a situation that is hazardous and disruptive to traffic. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the general fund. Reap fully s tied: LID-;& Harrell' Prepared by: City Manager Denise Spi ey' Urban Planner Approv : Jeff Meye Director of Planning and Development 0238k PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL To: Denton City Council Case No.: Z-1790 Meeting Date: August 5, 1986 GENERAL INFORMATION Applicant; Paul M. Haywood, Jr. 420 S, Carroll Boulevard, #E Denton, Texas 76201 Status of Applicant: Owner Requested Action; Approval of the amended site plan for a 1U.18 general retail tract in planned development (PD-41) Location and Size: 2.12 acre tract located at the southwest corner of Loop 288 and East McKinney Street (FM 426) Surrounding Land Use, and Zoning: North - Phillips 66, Piggly Wiggly, Dairy Queen) GR South - Vacant; PD-41 (single family attached) East - Loop 288, vacant; PD-41 West - Single family residential, agricultural, vacant; A Denton Development Guide: Moderate Intensity Area SPECIAL INFORMATION 't'ransportation: The property has frontage on Loop 288, a primar major arterial and East McKinney Itreet (FM 426), a secondary major arterial. The site plan provides three access points to the property, Two curb cuts are shown on Loop 288. One joint access point with property to the west is provided on East McKinney Street, I (Came 2-1790) Page Two SPECIAL INFORMATION (Continued) Utilities: A 20" water line located on the west boundary of this property has sufficient capacity for this property. An 18" line on the west boundary of this property will provide sewer service, Drainage: Drainage issues will be addressed at the final plat stage of development but the existing culvert under Loop 288 must be improved. HISTORY The City council approved PD-41, 112,58 acres at the southeast and southwest corners of Loop 288 and East McKinney, Street on October 191 1982, The following land uses were approved at the time: single family detached - 15,8 acres, single family attached - 16.15 acres, multi-family - 34.85 acres, general retail - 15,15 acres, open space - 26,41 acres, and collector streer, right-of-way - 4,51 acres, The City Council approved a detailed site plan for this project on February 18, 1986. ANALYSIS A feature of the detailed site plan was the corner clearance variance on the Loop 288 driveway approved by the Planning and Zoning Commission and City Council provided that the developers constructed a right turn-in and right turn-out driveway only, The design of the driveway prevents hazardous legit turns across Loop 288. The State Highway Department rejected the permit and requested that the driveway be redesigned, The new design reflects a standard approach that will permit left turns across Loop 288 to head north. The attached memorandum from the City Engineer indicates that approval of the new design will permit a situation that is hazardous and disruptive to traffic, RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of June 25, 1986 and voted to recommend approval of Z-179U by a vote of 3-1. (Case Z-1790) Page Three ALTERNATIVES 1. Approve site plan 2. Deny site plan ATTACHMENTS 1. Location Map 2. Planned Development Detailed Plan 3. Amended Planned Development Detailed Plan 4. Memorandum from City Engineer 5. Reply Form Totals 6. Property Owner List 7. Minutes of Planning and Zoning Commission meeting of January 22, 1986. 8. Minutes of Planning and Zoning Commission meeting of June 25, 1966. - 1147a 7 ' A"" oil ,r• , t0 11 . L~ I W~R ~ `rlrr I • f ♦rrr ♦rr.~ rrr ' 111 rrr rw rr r I LIB r-- i LI I I I ~ L Z *a/79D I PD 41 ol r-- ,r r i I+ LI r ~ II • I it f I ~ LI j I I I Pit) ~a PD-IS I ~r L1 l I C S / sr` ~f ~ I S-173 wrr ♦ rMr.~ S-100 i f I I i r~i 1 i I 1 r rl,r,v,. I+I..fxa ~ t X71 LIM-' EAUOW41 i J" r N 11 W _ 1 f •~I ~ 1 CC1•F~♦1.X,E Cr,NpE~p, CIMM'".:FM, , .A.1~ ~'I / 1 d Y I I I 11 ! 1 III r j ~ I I i , T. ' SI I ~ I I I `L 1 y~ , 'rl I FIN FL tGSV vop. f I f f I..rsF. m G ~ try r. ~n I I t,, 4 j 1 I I r I / a.' Ai ~~I I 1. 1 1 .1, wr~e,vw~'~r~ 1 1 ~ ! I b I I!'~ I.~,1.'•il._._ H 1 ♦s l M ~ F ~.'I 11 ! M}3 ~r ~r /II'I'I See &art*. +j4 IJd MTtll' .'acI rwkL LANK •i, . Jd !r\y tFivts I ...1 } / / I I~ 1 1 ~ ?D t'R,S llMM. 1 l I ~ / ~ ~ I _10.. , Gplf'~rr4ly. ~ 14 ..1 l , '1111 ! j a4I - t v }4 b►b oar yy~ (T 1`pf~ 40. i + ! r 1 ti t I ~ ~ I ~ r1+f~C.. fMhlT l: ~5 1 ~ ~ ~ / - = I ':lilaf +IYi"'oduaai~ ~ / ~ 1 CAAW 10 ODOM OP fxlq.~ PA" 46 ' .rte.,. r . _ ....J r.. r-...... `~3'31T ~•v1►Nr~..~,..,~ W... LCU #AAA ,tea; r/rc A . I CI I I! AP i.: K-CC4 ' I Il..~ 1 1 I 771 ✓TLI-y I - YIL ItY ~ • _I~ ~ _ g ,,~`1 0 ~ S I TI li ~ f 11 ►wa i.,wF _.1. 1ti -s i ' r~ln. I 4~ r 10 y~ 7 t h xr .t. n t It I x, I ~ / ~ ~ M "Oil ~~I .90' IMt L~M~I 7A1 .;ryp,CYllvti. MIS LAIM. ~ ~ i ILI .141 ccw:.I ae Y. a , Mr,o! I 47. 44 7`1 D" 7- 1 -cMwrr cuavr to 1104ft ev /M-4,I mso'mas MO 1 J ..ter $ • I TA OffY N 00#r", TWXAS MUNICIPAL. BUILDING / 216 E. MoK1NNEY ST. / DENTON, TEXAS MM MEMORANDUM DATE: June 6, 1986 TO: Planning and Zoning Commission FROM: Jerry Clark, City Engineer SUBJECT: Driveway Approach - 288 Center In your meeting of November 20, 19bb, you approved a driveway variance for corner clearance for the closest ariveway to the intersection. The developer agreed to construct a right in - right out driveway as per their consultants (DeShazo, Starek, and Tang) recommendation. The driveway was designed to force right turns and sent to the State Highway Department - District 18 for the permit. The State reviewed the driveway and made changes that took uotn the median out and the larger radii that would force right turns. In effect, the driveway is now a standard approach that will allow the left turns across Loop 288 to head north. In our opinion this is hazardous and disruptive to traffic. It is being re-presented because it is a site plan modification. The purpose of this re-submittal is to confirm that a standard approach is acceptable versus the right turn in - right turn out drive that was approved. Tloe staff recommends denial of the driveway. C-Qer-~-- Je a Ci E eer 00400E - 817/6868200 D/FW METRO e3e•262d PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1790 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received E ~ MaP 91 IU]Ati r YN ~ r.• r. r-. q. ..a;•4 ,~..ns •v;~: a rt . y . g~ 't r_K~4 4+ I i _ r I&Jd ramwehtte+on, a 1 rat', > Y }i u'~♦ y.,{..!Y' Y e21 7t`'~ ~A% 1 p',4 !~♦y~py 4} ;1 t {rte , _ ~~,~e~~ 1 ' - 0 or ` Y .~{.~t(j?. 7'T~ ,t r•Y: .rr ,r.. , i ~i "~Ii'l~~ulir ~'*:"aso on tbo ./iedpilvrt , tf►o r efl'cotirh approxi- nete a 19 of Ov,olop" a%# aloo ±►f %bo.~. wostorp I,., S[,, S).:iY*~.LKIL} erY L 1, '.c .,1; IM40E An . S. The ;got/ "t thororg>tlart Ii 'tom. 2 , thero'soe~tion will be aalnoonn.~g the northers bowW*rr.line of property Seconded', by Xr,o Appleton. Voti-"s 'cilUd~oq tbe. aniadimnti~i 1-6 Nr. tstvi.; lit, ~LL.*Alt~ii IISRt. +NER a . little bit t tlfii; to r'ajproval of Odl tt''8f,~f~ ~ hi~1R~►, 'l tlu/ing the amendment 1 Yat~, Was , AYe ' Ap~li1' d tsren' Nay - BrocIG Chiborne, licue Notion failed (2-3), Mr. Claiborne'abved to recommend denial of Z-1716. Seconded by Ms. Brock. i Vote was!" C 1"44 ~ Ayer .1t~ 11~iborae, D:,cue Nay - Appliol' Juren Motion carried (3.2)0 Mr, Juren stated that he didn't want this area to remain low intensity. Mr. Claiborne said that he thinks this area warrants mod- erate intensity but that this proposal violates officially adopted policies. He said that there needs to be more res- idential type uses and added that he was a bit reluctant to o against the Guide. He said that there is time for the and Use Planning Committee to make a decision for this --a-ree~a area, C,J Z-1790. Petition of Paul N. Haywood requesting approval o a comprehensive site plan for a portion of a 112.88 acre mixed use planned development (PD-41) located at the southeast and southwest corners of Loop 288 and Bast McKinney Street (PH 426). This 3.12 acre tract approved for planned development/general retail land use is located at the southwest corner of Loop 288 and Bast McKinney Street (FM 426): The proposed site plan contains the following information: Land Area - 190000 a uare feet Building Area - 18,00 square feet Parking Provide4 - 97 spaces Lot Coverage - 20 percent Building Hei ht - 37 feet Si``nape - 40~ square feet maximum area, 40 feet maxi,us height. M1'f , ) . ~ I yt yI tke ~n r t. tf, 'r • y . 1i ik. . d eoditr0pQ~ersig~has,'' It fyrt a tom.#i said ihartt'tbey have 44 r :st t eS sltaalc- ing oL•~~• tiw teaff It. re ; pt 'r. , kio: ~iM1 wou 4-11 4 prove tits, $1 91, tk ' III ; ! , " ,1 tOl LMi! is$rib a f i t w~ F/ feet in light land liaN matt there will Ye siwrulN' r' r t ~r Mr. Rlliss>n asked; .'tho perimeter loodeuria~. 4 k Paid r scam the i.4 . , curb. Of nilol I as .-pump islands,, , ih►:.;,~$~f, ,d',t , ~<.,~o' o~"t~e '4oraec, Mr. Claiborne ask i tlioy W*V* AWsr* eg tl► staff con- + ments regarding ttoot screening fence or masonry will. 1!r' 4mith and kt.' Jester; said no. Mr. Sss, th s6 , li> t i,bb! required xken the xhole'c is ~ev 4Si r: xllison stoteA that this was inort'ett b4c4usi t e fence or wall has to be built when the general retail section, is developed. Mr. Jester said that if it needs to be done, they will do it. He said that there is a lot of nice oaks there now that provide an adequate screen, He said that it would be better not to do, IN FAVORS None present. OPP058Ds None present. §TAFF REPORT: Ms. Spivey said that when PD-I1 was approved in 19ozo it was approved under the general land use concept with no specific site plans approved. She said that the } Planning and Zoning Commission and City Council must ap- prove sppecific site plans for oath proposed development be- fore buildin permits are issued. She st+id that the site plan meets ail requirements and standards with the excep- tion of two items: (1) the site plan does not show the six foot masonry wall or living screen on the southern boundary of the pproperty as required by the planned development as stated by the ordinance, (z) staff fuels that the western- most and the center drive approaches should be reworked to provide attar conditions and better traffic flow. She said that this has been resolved by the developer and the City Engineer. She said that staff recoamends approval with these revisions and additional conditions. R UTT f, 1'r. J,.st r stated that they were willing to mass pqo s according to staffs recommendation. . .a yy y + TOT i l' i + 1 b 1 s 'Z l 3 f ~1l , S apPre~►s x y~ vet .b~» f'+ F 3's yl . ISF 'r. ~'01Pi,h X104; screep. "all Vr" .gat •fMt,.SAW,~~~ aaraM,~,,~'~. Z~ at a Intern ofRFulid~#oRdCOaUk qq d a , /r~edeR~ , ~ ~ fw of rT lr~ V 3. A Ian $coo A buf feet in width, shall be ppl.aae d# eaL fit,. ' r of p:tojoct,, A Iand'14A isiM dA h d h1f staE Ri~i~' t4 , issuah0 a any' buil'd11'ke 1 Seconded by Mr. Hscue aspf usanimort3 csantdod kt,~03~ ! IV. CONSIDERATIONS j A. FINAL PLA? Q 81 CNAA MULL ADOIYIOIE~ Ot 1', "Iilockc I i STAF : gist Spivey stated t thi tralst 0 k' acres located on trio west, side ot Anstia root, south of Oakland Street; property is toned multi-Esusily t W-00 and multi-lomily davolopmeei is anticipated:, City r swrvices and tacilittos'are available and the plat coAforms I i to the minimum requirements of the beatoa Subdivision and ti Land Development Refulations. She said the developers are requestinng~ a lot width variance of toa feet since the ex- isting fltty foot lot does not cosply with current city standards requiring sixty feet of lot width. She added that there are other existing fifty foot developed lots in j the area. Staff recommends approval of the lot width veri anee. Development Review Committee recommends approval of the final plat. Mr. Juren asked about the encroachment of a garage on this property. No said that the structure is overhanging the property line. coon. SiaIvey said that the preliminary plat ons. shows existing Mr. Claiborne stated that if they approve the plat there would be about 2 feet of the garage on this property. Me. Spivey stated that the preliminary plat shows existing conditions and that the plat is approving the establish- sent of a building site. Mr. Clark stated that this was overlooked in Building Inspections. Mr. Morris suggested to the Commission that they table this matter. PBTITIOMBRi None present. DBCISION: Mr. Claiborne moved to table the approval of r ~TntaI plat of the Chad Miller Addition, Lot 10 block 1. Seconded by Mr. Hscue and unanimously carried (S-0). Mr. Appleton left the meeting. FO BST GOOD B. [ Y D PIN PLAT F Tt@ Walk Lot It STAFF SP T: Me. Spivey stated that this tract is 152.4 acres located on the south side of Ryan Road at Montecito Drive; property is zoned planned development (PD), and a 1 P A Z )~inutes June 25, 1986 Page 4 DECISION: Mr. Claiborne said that the drainage situation warrants increased protection for the neighbors. He said that the argument about institutions in the area had merit. He said that at the last public hearing the neighbors were not opposed, He moved to recommend approval of L-1798 with the conditions in the original planned development and added that any drainage channels erected along the south and east property lines be of concrete construction. • Seconded by Mr. Juren. Mr. Holt stated that neighborhood opinion was very impor- tant. He said that the people in the neighborhood would like to see single family and compromised for the single family. He said that this is the fourth time for this proposal and that the peopIg have to ke?p coming back and Fighting for their neighborhood. He said peoplb purchase homes with the expectation of stability, He said that he would have to vote against and added that he had no problem with the church use but that they would never really know what would eventually be put on the property. Vote was called and motion carried (3-1). Mr. Holt voted no, B.1 2 1790, petition of Paul M. Maywood, Jr. requesting ante" ndment of a detailed site plan on a 2.1 acre general retail section of an existing planned development (PD-41) located at the southwest corner of East McKinney Street (PM 426) and Loop 288, The property is further described as a tract in the M. Yonchum Survey, Abstract 1442. If apprl:ved, the amendment will change the design of a p4to- posed curb cut/driveway on Loop 288. Pour notices were mailed to propertyy owners within Zuo feet; n7 reply forms were received in favor or opposition. PETITION%- R: Tom Jester, co-owner of the property, stated that this Is not their request. He said that the state highway department would not approve the driveway as shown on the sloe plan, lie said that the department would not allow the island in the middle of the driveway and they reduced thn radius of the driveway. He said that it is acceptable with them either way, Mr, Holt asked if there was an appeal process with the state, Mr. Jester sain uo, Mr. Holt asked now far the curb cut is from McKinney Street. Mr. Jester said 170 feet. Mr, Clark stated that the state redesigned the driveway as a standard driveway approach and that this design adverse- ly affects Loop 288. Mr, Jester stated that they will designate with signs that this driveway will be right turn In and right turn out. IN FAVOR: None present, OPPOSED: None present, STAFF REPORT: Ms. Carson said that a feature of the de- failed Me plan was the corner clearance variance on the Loop 288 driveway appproved by the Planning and Zoning Commission and City Council provided that the developers construct a right turn-in and right turn-out driveway only, The design of the driveway prevents hasardous left turns across Loop 288. The State Highway Department rejected the permit and requested that the driveway be redesigned. The new design reflects a standard approach that will per- i P 8 Z Minutes June 25, 1986 Page 5 Mit left turns across Loop 288 to head north. She said that staff recommends denial of the site plan amendment because the new driveway design is hazardous and disrup- tive to traffic, Mr. Clark apologized that this case took so tong but that they negotiated with the state for two months for an answer. Mr, Juren asked If the traffic signs would fail under the requirements of the sign ordinance. Ms. Carson said that if they are shown on ttie site plan they would have to conform. Mr, Morris stated that there is a provision in the sign ordinance for traffic control sigqns. Ms. Carson stated that they were not city signs. Mr. Morris said that the provision is for traffic control signs that are not owned by the city. REBUTTAL: Mr. Jester sold that a lot of work and time has been invested in this project. He said that this request was not their idea and they just wanted to comply. Mr. Holt asked about their development plans. Mr. Jester stated that they are ready to begin construction when this item is resolved. Chair declared pi,blic hearing closed. DECISION; Mr. Juren moved to recommend approval of Z-1790, cone by Mr, Escue. Mr. Holt stated that 170 feet is not far enough from an Intersection. Mr, Claiborne asked if there is a deceleration lane on Loop 288, Mr. Clark stated that the state would not provide a deceleration lane for private driveways. Vote was called and motion carried (3.1). Mr. Holt voted no. C. Z-1782. Petition of The Nelson Corporation, represented by Craig Curry, requesting a change in zoning from the a ricultural (A) district to the planned development (PD) district on a 52.9 acre tract In the Stephen Hembrie Survey, Abstract 643. The property is located on the north side of Robinson Road approximately 800 feet west of State School Road. If the planned development is approved, the following land uses will be permitted: Cluster .Homes/Patio Homes - 9.5 acres, 52 totri units, with a density of 5.5 units per acre Duplex - 13.4 acres, 80 total units, with a density of 6 units per acre Multi-Family (MP-1) - 10.7 acres, 193 total units, with a density of 18 units per acre Multi-Family (MO-1) - 8.0 acres, 144 total units, with a density of 18 units per acre General Retail (OR) - 2,7 acres General Retail (GR) - 0.6 acres Mr. Juren made the motion to remove Z-17*2 from the table. Seconded by Mr. Bscue and unanimously carried (4-0), Bight notices were mailed to property owners within 200 feet; one reply form w~!a received in favor, no reply forms were received in opposition, and one reply form was rocelved undecided. 1520E NO. AN ORDINANCE AMENDING ORDINANCE NO. 86-91 TO PROVIDE FOR APPROVAL OF A REVISED DETAILED PLAN FOR A PORTION OF THE PLANNED DEVELOP- MENT DISTRICT ESTABLISHED BY ORDINANCE NO. 82.83, AS SAID PLAN APPLIES TO 2.1 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF EAST MCKINNEY STREET AND HIGHWAY LOOP 288; PROVIDING FOR A PENALTY IN THE AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That Section I of Ordinance No. 86.91, adopted May 6, 1986, is amended to read as follows: Section I. That the detailed plan, attached hereto as Exhibit and incorporated herein by reference, for the 2.1 acres of land located at the southwest corner of lost Mc'.inney Street and Highway Loop 288, said land being more particularly described in Exhibit "A", attached hereto and incorporated by reference, said land also being a portion of that planned development district established y Ordinance No. 82.83, approved on October 19, 1982, is herein approved as the detailed plan for said 2.1 acres of land so that hereafter said land shall be used and developed in accordance with the detailed plan herein approved, subject to any conditions, restrictions and limitations made applicable by this ordinance or Ordinance No, 82.83 to said land. SECTION I1. That the "comprehensive site plan" approved by Section I of Ordinance No. 86-91, labeled therein and attached thereto as Exhibit "B", is hereby superseded by the detailed plan approved herein as Exhibit "B-1", so that thereafter said land shall be governed b the detailed plan approved herein as provided for in Section I hereof. SECTION III. That a copy of this ordinance shall be attached to Ordinance No. 86.91 and Ordinance No. 82-83, showing the amendment herein made. SECTION IV. 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 ppermit or certificate issued thereunder, shall be guilty of a ■lsdemeanor 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 to committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. 2-1790/PAGE 1 SECTION V. That this ordinance shall becoiie 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 (lo) days of the date of its passage. PASSED AND APPROVED this the day of 1986. CITY OF DENTON, TEXAS ATTEST: C RARLU"fM , CITY SEMETUY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 2.1790/PAGE 2 01 ;t I 1 I hlf .P i. F..CC1 f , ' W i~ 1 fJ" Ag" Or Piz LA 11 -I d N _ i IR ..1 li 'I. '1' p ~ rH .Ira wla fK f:Vr 7r. ul J 1 r I y! vl ^ PV R ttN 7~J1 Ift -11 { f ! /f I I 1 I I ~ ~~.~'o!•i:'V"i ~ ure,var~4 ~}.tw.Ir~ I I i r! rrcu.lip r.'rly. r«wa r+o'MIN Wa ~Il V ~ r ~ I ~ ~ „ q- f~ ~15 * j ~..r,~.1r_ ~ ` ~ G- ~ , i 1 ~ / l I I ; , JIB f.t Y: i •Y ..V i r 'r~ /f l %to %AT l'~_~/.~'~ 1/ ire f r , I~'~Ij.'.`~,~~ r ~ '(~~'~.1: ~al~ I.IT~ P',Y' ~ ~ + + lrf+~t.. 7f 1`O V N r , , rr niM.iY' eiAf-r. c.Jh w► . r . _ _,4!'en~-*r - - lea „r r•~._~ rP~•Iel.JS. V'c _ r , a i NO, n/,~ AN ORDINANCE PROVIDING FOR APPROVAL OF A COMPREHENSIVE SITE PLAN + FOR 1.1 ACRES OF LAND LOCATED WITH THE PLANNED DEVELOPMENT DISTRICT APPROVED BY ORDINANCE NO. 82.83; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 21,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the comprehensive site plan, attached hereto as Exhibit A, for 2,108 acres of land, as described in the attached Exhibit B, being located in and a part of that planned development district approved by Ordinance No. 82-83, is hereby approved as a final comprehensive development plan for the land herein described. SECTICN 11. That the development and use of the property described nerein shall be subject to the conditions and restrictions contained in Ordinance No, 82-83 and this ordinance which are set forth herein as follows: 1. A six foot high masonry wall or llving screen shall be erected along the southern boundary of thr 10,18 acre tract, of which the 2,108 acre tract approved for development herein is a part, prior to the beginning of construction of any buildings therein. 1. A landscaping buffer, three feet in width, sliall be located around the entire perimeter of the property, 3. That the property may be used for any use permitted in, and shall be governed by, the regulations applicable to, general retail zoning districts as provided for in Appendix 8-zoning of the Code of Ordinances to the extent that such regulations do not conflict with any provision of this ordinance or the comprehensive site plan approved herein, SECTIO4 III. That a copy of this ordinance shall be attached to Ordinance No. 82-83 showing approval of the development of the property described herein in accordance with the provisions of this ordinance. SECTION 1V, 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 ($1,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion tLa reof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. i'r 17lp uA'1L SECTION V. That this ordinance shall becose effective fourteen (14) days fron the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of Its passage, PASSED AND APPROVER this the day of ~_'._,j~ 1986. R CITY F DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL PORK: DEBRA ADA.MI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: i" 1 1 Z-1790/PAGE 1 ~ .SY L ~ d!'$, F'wF'n'Si. :f?'.'~ !-,•cn E.-I 'A•i 5+~ I EX11I$IT "A" 1... I+'. . iw.s.,•..rrr wknet+~w.n~ n.r•v.~+rlr~r-nti~~r•w.w+~r.'tr,~lelrtrr~ nI:VJCACTOV STATt OF TEXAS COUMTY OF DF.WTON IaII;IU;AS, f011 U, .IESTIII+, JR. and PAUL 9, IIAl'00011, on, Ira tilt ownore of ail e that cattalo tract 01 land AltuaLed to the !I. 'iwcha+ Survey Abstract ,eun- bar U,SJ In this GYry of hontnn, VOntnn Cmmiy, rrCas, eon and ba[ni a part or Called 10,1997 more tract dnftrtbnd In the Ithd from lo,e Joo :I, 001ew and n utlllar'1 Outtot, file, to To n. lunar, Jr., le n, Julae, Jr. and Paul s, Ile/uce"I'", racordod in 40111014 1164 pane 441, of the 0cad Records of WWI Wall too lobloot trAet bninn noes Milton partleht.IU y AoeoelhM ae WWII SCCINWO for the Northaaet Corner of too tract hatnn Carder of heroin, it a orooden hlflh,uy monument At the raeennlsed tract Get Ces of the said lit an7 acre tract, sa ld nennt hc"ln In the renannlerd South Sine of Fast Y,Kinnty Street aml the ticst V Vito of Illghuay Loop 2461 71%CG South 01 nniren I$ 'Iidutn4 40 Secmvll test high the Welt time of •ho wi l Loop 244 a dtstancr ^d 166,60 flat to an Mn rod sot for the Saut4hoa7t mnnr or the r,urntn de.,crked tram, said rod hnlnG Norto 01 M{roe IS "In• Atom fart 1 ltitanco of ion foot from the Calaulltod Southeant Corner of the said 10,1797 acre tract, tame bainO the Barthanet Cnrnor of a called 16.1605 acre tract Jnscrlbed in uie nnad franc lf,5, 2nd„pangnnt ea,+panise, Trustte to .s. etnnondont Conpaniea recorded In M umr 1169 rare 754 of the said "eel r vocord NIEXCC North Al unr,rnci 45 !Ilnutes 00 SOCnOde Volt Wlth a lino 200 font .North of and fdrallot to the South It n0 of the raid in,IS91 areo tract 4 distance of 222.79 feat to An iron rod act for the Southwest Corner of the heroin deserlbed 010t, laid red UvInA In the Conterllno of A 15•(Oot vide utility easenont do- scribed in this Decd from sfotrnnlec Pquttlrs,Tna „ Trns too to the CI ty of 0eat,I recardad In fnluao 1929 LOGO 1111 of the sold hoed necordsl •NT'Ca INaIt-t nagroes 69 ni4ur!1 51 Soronds Fast with tnim center of 111! . e of m6.10 fie, to an trein rod wt ;,r :ho Northuesr "orr.,r "ra nernkn described tract, said Vol being to we rrcalwod Snu to I i n I if "cl'lnnny Srroer, same boi ng the North Itnn of tbn laid 11,1507 acre trir•, ,.t also holm; ImNh Al 1!nrVerr 51 "lnutrs It Q wd, rut a dIstanan :w it7on in iron rid found At the r1col'tiW War'.'~.rS• "Prior of :4 . dcro troctl :17NCE South 41 Dnarenl 5S 'gleans al Se".ones Sit; It`. the rs".onnltrd 'wv•. Ina of the said Cast m knnny went o c to w,, si 27,"1 fort to a unmlen htnhuay ~mnnhmont found for On Annie point thorowl THE XCr 4noth 46 IWr•toes 35 41m,tel J7 inrnnrll r1mr +Pnw-jnlnn with salt a distance of 21A,SJ feat to the PLACE Of nf.CIN!INq Ind inch inn A.L-1 l..ccs tang, l1G, ;IICRLFORE, KNou ILL 1f E8 nY roar PDroms, YN,q TIM n, h"STrn,.1^. ,1!111 P,IIr ! L ,i tVH, ln la rcb} t:opL ' ' "bit loll 11p) h, nVI t1Yrt'Ih"d u,"n P AY 1.y - : I ' 1 ply' t:tt 1' of r:ntgn, .r.q!",h Ciunty, rew ]m1 ! ~ f i . toravov the street l , 11 Y letltl•0 f-i: a)' at41 p'.:hI Ye c,!.c r,- ^r t utl a' C r 1'~e !lun to o t harden. PYl T04 n, JESUR, JR. "1'l STATE OF TEXAS 7 .y 000T1' OF DEMTOV K 9EFORE Yr, the underet6nsd Moiety Pubilo in and for said County sad Slate in "III day personakly appeared rum n, Jn4tor, IV., 'morn 1-• ~r rn be ka parson IV,c ni-a 11 tabocktind to the foramokrI Instramant and aeltnowkPQ N1 !1 rn tQIt 41 e.;r C'.i^d :•S tae same for the purposo and consideration therein vIrvisid, tnd to the capac L1' 1 u,oroln rtdtadt C] GIPFN CYDER `fY IL1YD tt+ll 9EAL OF orr ECC 11115 .PSI' OF ,1946, t,ntary Public in the Stato el fOxas `tv GnrvtL.+flou :;,;~trctt ~ +~nn 11 .u t' /11 1 uN'w Arr n V n ] 1 'J rf: I 1 4, i rwl, ~ wr I11 1 Ir 1 ~ r. _ ~ Al a ,.I LI flow- f b y+IYn INII I0'11 IIM, f iH~ 1 ~f ai "f I. 1I:1I rN II 11 fv N/W •P.' 44 I, i ~ a^ TIC sE ~++rr, IrA•. r* lnnr. F 1 I PHO i k' 1 j g I j SAM, 4 1 /I 1 N I RI -.1 ' ,Y `,`►.,r.+n N, ~iAlo::.vj ~l.J 111 rl.d•.~ ° I I, , r ( ~,I I I I~ I I ~I.R.1: 1 1~ I11A.r;rA Il....f WA,4T~.7•~...['r' ~I .^..r► J / A~ 11 'Lt11 1t+ 1u~ I w. r VVV I I I( I I ~ f / r 7 4 I b w1. 1w 7AI r I 1 ! FI( ,1 ' ~r~Y_ IMd/AI _.~11 a11/ r I T.1 I 1~ 1 T I .1 mot, 1 I Iw1,~A4 • ' t.. C_ ,f 1 1 1 I i/ trr: • . ,t ! tit ttb "t n ,~yy 1r r`' InJ'rr+ \ I I / J I ~Ylr NI,M Pf r~ -.Y S V ; r1 y .1~. ~ D 1 ' two i ftt*Afi 1 T,. .Alv~►r ~r. r 'L I.~'.J'E` ~~.b3' r-- b 1 1 ~ l it j oM ♦ ~r a- v.4~ NO ' z.1ti9o .yr r/rr NO AJt ORDINANCE ANMISO THE ZONING MAP OP TU CIly OF DMNTON,, TEXAS,, AS SAME WAS ADOPTED AS AN APPENOIX T3 THE CORM Of OADINANCES Of TSM CITY Of DENTON,. TXXAS,, SY ORDINANCE NO.. 69-10 . AND AS SAID MAP APPLIES TO APPROXIMATELY 112.81 ACAU OF LAND OUT O! THE N.E.P.. a P..R.,R.. SUAMVEY, ABSTRACT NO, 927, TOM N. L. AUSTIN SURVEY,, ASSTRACT N0. 4,. AND To N. ABSTRACT NO. 1442, DENTOM COUNPY, TSXASj AND NOR PARTICULARLY DESCMXD NERSINP AND ;JECLAJUN0 AN SVYXCT M DATA. THE COUNCIL OF TU CITY OF DENTON,, TEXAS,, HERLSY ORDAINSs §zMLzJa The Zoning Classification and use designation of the following described property, to-wits All that certain tract or parcel of land situated in the M,E..P., i.. A.A..R., Survey,. Abstract No. 927, Denton County,. Texas, being part of the Second Tract of a deed eonve ed by J. R. Carle, et ux to Delbert T. Cruse on April 18, 19 1, recorded in Volume 290, Page 1SS, Deed Records of said County, and being more particularly described as follows BEGINNING at the southeast corner of the above described Second Tract in the center of the Channel of Pecan Creeks THENC8 vast with the center line of Paean Creek the following 5 courses and distances: (1) north 84004' west 171.73 feet, (2) south 7805a'2a" west 247,60 fo*to (3) feet, (4) south 84037' west 298.1 north a d ai3a" west 710170 west 311.7 feet to the east right of way of Loop (29S1eouth THENCE north 1015' east with said east right of way 370.3 feet to a right ')f way postr THENCE north 1037' west 20062 feet to a right of way post] THENCE north 1015' east with said east right of way 1530.0 feet to a right of way post, THENCE north 55034' east with said right of way $6.0 feet to a right of way post on the south line of East MoKinney,Streeti THENCE south 65025' east with said McKinney right of way 80.9 feet to a right of way post THSNCM south 61057' east with said McKinney right of way 30440 feet to a right of way post THENCE south 62030' east with said right of way 56.0 feet to a fence corner! THENCE south 21041130" west 144.49 feet to a fence corner THENCE south 62046140" east with a fence 467.5 feet to a fence cornea THSNCM north 29000140" east with a fence 191.0 feet to a fence corner an the south right of way of McKinney street] THENCE south 611039' east with said McKinney Street right of way 458.6 feet to a right of way post Z-1540/7RMD A. HEAL-PADS ONE TUNICS southeasterly with said Molinnsy.Street right of way and with &3#4110 to the left 125.4 feet to a fence cornea THENCS South 1045' west with a fence 1320.0 feet to the place of beginning, and containing-in all S2.351 acres of land. All that certain tract or parcel of land situated in the N. L.. Austin Sur wy,, Abstract No. 4, and the N. Yosch" Survey, Abatraot No. 1442, Denton County, Terns, and being part of a first Tract described in a deed conveyed by J.. R.. Earle, at us to Delbert T. Cruse on April 180 19j1, reeordad in Volume 290, Page 155, and part of a tract conveyed by C.. E. Wallace, at ux to Deb Cruse on July 12, 19.14, recorded in Volume 306, Page 482, Deed Reoocds of Denton County, . Texas, and being mots particularly described as followss BEGINNING at a fence corner on the south right of way of last McKinney Road also being the northwest corner of the above described Wallace to Cruse tracts THENCE south 84020' east with said right of way 486.0 feet to a corners THENCL south 66031124" east 213.46 feet to a corner at the intersection of East McKinney and Loop 288.1 THENCE south 1015' west with the west right of way of Loop 288 a distance of 1573.0 feet to a right of way posts THENCE south 9047' west with said right of way 200.2 feet to a right of way posts THENCE south 1015' west with said right of way 393.7 feet to a corner in the canter of the Channel of Pecan Creeks THENCE, westerly with the center of Pecan Creek the following viurs*s 840411 st south south west 399.0$ OSwestt391.2 feet, (4) north 45001' west 304.6;) THENCE north 83057' west with a fence 510.0 feet to a fence cornett THENCE north 1058' east along and with a fence 992.0 feet to a fence corner on the south line of said Yoaoham Surveys THENCE north 89054' east with a fence 975.1 feet to a fence corners TUNC19 north 1035' east with a fence 1312.9 feet to the place of beginning and containing 60.528 acres of land. is hereby changed from Agricultural "A' District Classifi',cation Use to Planned Development "PD" District Classification and vse under the Comprehensive zoning ordinance of the City of Denton, Texas subject to the following conditions and restrictions and Site Plan attached hereto to-witt 1.. Land uses within the planned development are restricted to the uses specifically designated on the general concept plant specific site plan approval must be granted before development occurs within the designated land use aresst 2-1540/rAto X. DIAL-rha Two i 20 8 lfic development proposals shall conform to City of Denton requirements regarding zoning use classifications, subdivision regulations, building codes and any other codes related to development; 3. Density in Multi-family areas shall be limited to 22 units per acre 4• Density ir. single-•family attached areas shall be limited to 10 units per Octet S. Residential streets In accordance with City of Denton standards shall be provided for Internal circulation. 6. A living screen or a six (6) foot masonry wall must be erected between the 10.18 more retail area at the southwest corner of r.oop 288 anq Last McKinney street and the single family attached area beginning at its southern boundary when the general retail area is developed# 7. Adequate screening consisting of a living screen or a six (6) foot solid masonry wall shall be erected along any property line where general retail abuts low density single family residential housing when the general retail area is developedf 8. Any land use permitted in the general retail !OR) classification of the toning ordinance may be developed in the areas designated as general retail without amendment of the planned development (PD) ordinOnoei 9. If the development plans are not realized within five years so that actual development includes some residential and is not limitd to general retail, the planned development will he re-evaluated and considered a candidate for posoible back-zoning to a smaller size center. The toning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the city of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classification and Use. SiiCTIOtf Ii. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for Ito peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SBCTIO14 _III. That this ordinance shall be In full force and off,!:;: immadiately after its passage and approval, the required public hearings having heretofore been held by the Planning and Toning Z-1940/PRLD R. DRAY,-PAGE TBRLL 1 i 7i c'° t ,c ate' • COMission and the City CCUnCil Of the Citv of Denton, Texas, after giving due notice thereof, PASSED AND APPROVED this the 'r' , dny of October, 1982, CZC Ot DN, TEXAS YO ATTEST: A&-ZQ-& AZLENs CITY SECUTWRY CITY Or DENTON• TEXAS APPROVED AS TO LEGAL PORMt C. J. TAYLOR, JR-, CITY ATTORNEY ' CITY Or DENTON• TEXAS SYt 2-1940/FP.ED M. ORAL-PACE FOUR SITE PLAN - z-1540 AIA: 0, LIE TROPLEX EOUITIES GENERAL RETAIL, ~tHyf10 DISTRICT LTENERAI Sp, RE T AIL 511E PLAN LAND USE STRICT w' a cc.:•nt:t/ +e. str rxt fu«, rto::. IO.N tkt. e J t~ 's.e ante H >''~i_I /lllq • d11JtMt i~ Ie,IA ` ~ ~ ' la.i.-Iall. s+.es u~~ r rctr, "A' "t'"' Is,ls ebb 4.97 •0. '.tt enlltt te.~/ w :+u^lau sion tr ml,.r.o/.w>tl 1.47 "1 a.lr y 161A1 Ilt.p kM 6 ' ~ d • 4 IL 11-1A, Y rt IOACN~11 e'JItYf / At,lc+t SINGLE FAMILY ` DWELLING DISTRICT ' DWIMULTI-FAMIlLY ELLING Dist 1.•T ATTAI I*O DWEL.ING DISTRICT . 10.0 tta. 4e • 1' N.1 . AIM I.9 SIM,I . A - a 14.1A ta. ~ .76 af0. ~dI SINGLE FAMILY DETACHED A MlM TI-FAMILY Y } ' DWELLING DISTRICT 2,4Z DWELLING DISTRIC aa. e 7.41 "1 4 10.6 ac. Q MUI T -FAMILY r ~4 1 R DWELLI IG DISTRICT L ►"►ostocc"ticIonSiottt' SINGLE rAMIL Y DE TACHEb i loo-.t.n rtoo6wAl orty yACt DWELLIND DISTRICT 10.34 fa. . CwLrp( a : .;a ° !f i~ - -r.v y'{!.S*E 4: y.r ~a.~r•.n.-r 374z' r.^? DAM 08/05/66 OITT COUNCIL ttPOd'P !Al!!U►4 / TO: Kayor and Members of the City Council FNOM: Lloyd Harrell, City Manager BUHdtCTs Z--1791 AND ORDINANCK (QATION Planning and Zoning Commission recommends approval. The planned development is 164.31 acres in a moderate and low intensity area. The request includes general retail, single family attached, single family-10, single family-16, multi-family, and open space. MCKGROWD : The Intersection of Highway 377 and Brush Creek Road is the proposed intersection of Loop 288 and Highway 377. The area was designated as a moderate and low intensity area in 1984, PMMM,,. DRPARTMB OR 4BOUP$ AMMID: Five property owners within 200 feet were notified. All departments involved in the development process will be affected. ]FISCAL MACT: No impact can be determined at this time. Respe ily su red: loyd Harrell P/r'e~pared by: City Manager l,e C1 b (20 k Cecile Carson Urban Planner Appro Jeff Meye Director of Planning and Development 0307e PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: Z-1791 Meeting Date: August 5, 1986 GENERAL INFORMATION Applicant: Jo Starer Route 11 Box 276 Argyle, Texas 76226 Status of Applicant: Owner Requested Action: A change in zoning from agricultural (A) to the planned development (PD) district. The planned development would permit the following land uses: General Retail - 17.28 acres Private School - 2.36 acres Single Family Attached - 10.48 acres, 117 total units, with a density of 11.2 units per acre Multi-Family - 11.21 acres, 200 total units, with a density of ..7.8 units per acre Single Family Attached - 18.82 acres, 218 total units, with a density of 11.60 units per acre Single Family (SF-10) - 35.60 acres, 102 total units, with a density of 2.87 units per acre Single Family (SF-16) - 60.76 acres, 122 total units, with a density of 2.01 units per acre Open Space (private) - 7.60 acres Location and Size: A 164.31 acre tract located at the southeast corner of Brush Creek Road and U.S. Highway 377 and shown in the H. Haggood Survey, Abstract 517, the W. Hudson Survey, Abstract 586, and George W. Daughcery Survey, Abstract 351. 7- 1 OW i vase Z-1791) Page Two GENERAL INFORMATION (continued) Surrounding Land Use and Zoning: North - Agricultural, Residences, Extra-territorial jurisdiction (ETJ) South - Agricultural, Extra-territorial jurisdiction (ETJ) East - Agricultural, Residences, Extra-territorial jurisdiction (ETJ), Country Club West - Agricultural, Extra-territorial jurisdiction (ETJ) Denton Development Guide: Moderate and low intensity area. SPECIAL INFORMATION Transportation: Brush Creek Road requires 60 feet of right-of-way from center line with a highway flare on the corner of Highway 377 and Brush Creek Road. Perimeter paving will be required on Brush Creek Road for a 45' section back to back. Driveway spacing as per Subdivision Rules and Regulations - specifically 250' corner clearance at Brush Creek Road and at Highway 377. Utilities: A 16" water line needs to be constructed on Highway 377 and an 8" water line constructed on Brush Creek Road. Site will be served by a proposed 15" sanitary sewer line from Hickory Creek intersection toward Argyle. The property Is in a dually certified area with Texas Power and Light (T.P.&L.), but the City of Denton will provide electric service. Drainage: Entire channel should remain natural. If any part of the channel needs to be altered, then the entire channel should be concrete. (Case 2-1791) Page Three HISTORY The property was annexed by the City of Denton on January 21, 1986. ANALYSIS The property is located in a moderate and low intensity area according to the Denton Development Guide. The moderate area at Brush Creek Road and 11.S. Highway 377 was created in 1984 when the City Council adopted the annual revisions to the Guide, The staff recommends that the node be expanded to 60.42 acres with 37.92 acres in this proposal including Parcel A containing 7.80 acres for open space, Parcel B containiny 17.28 acres of general retail, Parcel C containing 2.36 acres for a private school, and Parcel D containing 10.48 acres of single family attached. The area would include three unzoned corners or a total of 22.50 acres and would be 16% under the intensity standard. The remainder of the request would be in a low intensity area with: single family with 10,000 square foot lots, single family with 16,000 square foot lots, single family attached with 11.60 units per acre, and multi-family with 200 total units. The proposal provides diversity in this area of the City of Denton. No Development Guide policies are violated by the proposal. The open space area, is reserved for right-of-way necessary for the proposed Loop 288 interchange with U.S. Highway 377. RECOMMENDATION Planning and Zoning Commission recommends approval with the following conditions: 1. The detailed plan shall be consistent with the concept plan, development standards and schedule attached. 2, Land uses in Parcel B shall be all uses permitted in the general retail district in Article 71 Section H - Retail and Service Type Uses, and the following additional uses: amusement, commercial (indoor), theater - other than drive-in type, gasoline service station, new auto parts sales stores, roller and ice skating rink, and auto laundry. ` (case Z-1791) Page Four RECOMMENDATION (continued) 3. The fences along the eastern boundaries of parcels So Do E, and F must be erected prior to issuance of building permits in each respective parcel. The fence along the southern boundary of Parcel C must be erected prior to the issuance of building permits for that parcel. The remaining fence and/or landscaping for Parcels B, Co D, E, and F must be erected or completed prior to the issuance of certificates of occupancy or utility connections for the respective parcels. 4. All residential areas, Parcels D, E, F, G, and H shall have underground electric service. 5. Sixty (60) feet of right-of-way from center line of Brush Creek Road is required to he dedicated with the first plat of the planned development. 6. The floodway located at the north boundary of Parcels B, C, and H shall remain in a completely natural form from D.S. Highway 377 to the east boundary of this request. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS 1, Location Map 2, Concept Plan 3. Landscaping and Buffering Plan 4. Development Standards 5. Reply Form Totals 6. Mailing List 7. Minutes of Planning and Zoning Commission meeting of June 25, 1986 01920 h -777 a T 1 I I y \ LIMITS INC f ALL1110 4Qk0 • 1 I . low1791 \st, i tiA ~~72fT.Ff CREEK - -r- RD. uy0%~ O z ~4 s C ~ I It! 0 4 ~ ~ l / 1wA010fL~ d / M IIr A -A. SL It.- . A~~ n. r I.N N+w r.IJ~R./MY.OJL 1 In ~~1dEt4v/IEGR 11 11 11 1 111 f171Y,LLUeR+1R9 r N M N I N 1 r 1 r II N N r r % y r MiTROPL ED( MYGINOUNNO CORPORATION PIN MINT W" Is" m "W p"Oll N wow rnna LN..1. :nnww... 1 1 Nlllrl / WOOCCREEK is STC31NUR CASK ~Aql~ 1 IRAN"" A• 010181010 H LM r A -v- • AEI!! r r r . w 11 IA I FM RANI./Nf40rLL 0411A1f4tl/J`Q JAI- % RP+IIfTdIPY/M IOUIO~l ,r • \ l6 fJP C1>I6~,~Id~IA4 • h w i r r r w u r •n w nr r I I • !NOlNt~A1N0 ~ Ca'~APOAA'1"ION m PW "M am loom IPM PIM No.*" up"Oomb-ow i WOOCCi RINK vmvma owmmmYl ®~~asur~v o JO 13TGAM1ri . AD V 1 PD-7723 P1.ANNRD Rysaa BNT DBSIGN STA,TllllBi 1. Statem"t of Intent A. To develop a multi-use community with coc"ercial, private school, single family attached and detached units as permitted by each appropriate zrnina district. B. Development and marketing to coincide with established and future market demn,-d. Construction to be accomplished by phasing. 2. R lotion to Cg!1rehensIv* Plan The proposed district is in a low intensity zone according to the City of Denton Development Guide. This development has been designed to meet the intent of the Development Guide. 3. Acreage Parcel A - 7.80 i,:res Parcel E - 11.21 acres Parcel B - 17.28 acres Parcel F - 18.82 acres Parcel C - 2.36 acres Parcel G - 35.60 acres Parcel D - 10.48 acres Parcel H - 60.76 acres Acreage - 164.31 acres 4. Land Uses A. Existing land use - agricultural, pasture - 164.31 acres B. Proposed land use: Parcel A - open space - 7.80 acres Parcel B - general retail - 17.28 acres Parcel C - private school - 2.36 acres Parcel D - single family attached - 10.48 acres Parcel E - multi-family - 11.21 acres Parcel F - single family attached units - 18.82 acres Parcel G single family, SP-10 - 35.60 acres Parcel H - single family, SF-16 - 60.76 acres 5. Off-Site Information As shown on the Concept Plan 6. Tr%[fic and Tranacortation As shown on the Concept Plan A. Projected amount of traffic: Parcel A - -0- V.T.D. Parcel B - 11,232 V.T.D. Parcel C - 1034 V.T.D. Parcel D - 19048 V.T.D. Parcel E - 2,242 V.T.D. Parcel F - 1,882 V.T.D. Parcel G - 255 V.T.D. Parcel H - 122 V.T.D. Total - 18,315 V.T.D. B. Parking requirements as permitted by ordinance Note: Rear access by 20-foot private access easement for all residential uses permitted 7. Building A. Approximate location: As shown on the Concept Plan B. Maximum height: Parcel A - -0- Parcel B - 60-foot, three-story Parcel C - 45-foot, two-story Parcel D - 45-foot, two-story Parcel 2 - 45-foot, two-story Parcel F - 45-foot, two-story Parcel G - 45-foot, two-story Parcel 11 - 45-foot, two-story C. Minimum building setbacks: Parcel A - 00 feet Parcel E - 25 feet Parcel B - 30 feet Parcel F - 25 feet Parcel C - 30 feet Parcel G - 25 feet Parcel D - 25 feet D. Maximum total gross floor area: (non-residential) Parcel B - 376,358 S.F. Parcel C - 51,401 S.F. R. Number of dwelling units and units per acre: Parcel D - 117 dwelling units - 11.20 d.u./acre Parcel E - 200 dwelling units - 17.80 d.u./acre Parcel F - 218 dwelling units - 11.60 d.u./acre Parcel G - 102 dwelling units - 2.87 d.u./acre Parcel H - 122 dwelling units - 2.01 d.u./acre i 8. Residential Subdivisions A. Number and location of lots as shown on the Concept Plan Parcel G - 102 lots Parcel H - 122 lots B. Miniaum size, width, and depth of lots Parcel G - 10,000 S.F., 70-foot width, 120-foot depth Parcel H - 160000 S.F., 100-foot width, 120-foot depth C. Minimum front, side and rear yard setbacks Front Side Rear Parcel G 30 feet 10% of lot 15 feet width per side Parcel H 35 feet 10% of lot 15 feet width per side 9. watered Drainage As shown on Concept Plan 10. Utilities As shown on Detailed Plan I1. Trees As shown on Concept Plan. There are tree masses located on the property with Oaks 3 inches in diameter or greater. A majority can be saved with the land uses proposed. 12. Open Space As shown on Concept Plan on Concept Plan Parcel A - 100.00% open space, future Loop 288 Parcel B - 10.00% open space, private Parcel C - 10.00% open space, private Parcel D - 10.00% open space, private Parcel E - 10.00% open space, private Parcel F - 10.00% open space, private 13. Screeninst As shown on the Concept Plen 7 4 14. Develoomt Schedule A. Estimated start of constructions 1987 B. Estimated phasing as shown on the Concept Plan according to market demand: Phase I 1987-1992 Detailed Site Plan, June 1987 Parcel H Phase II 1968-m Detailed Site Plan, June 1988 Parcels A, B, C, D, E, & P Phase III 1989-1994 Detailed Site Plan, June 1989 Parcel G PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1791 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received r r 1.. a 1f~ t rY,tir r~r 'f l',. 'fl>> 'J l:r' y' 41~. el. , f'•~ .'y:. i: f '<,•.y i~br{'ci. '„tr' rr, IKi7t~ r ~r,•;rYfIC'~S-•?a _ ire+~>t,rtwlr. . 1 +4w:!rr Yft♦a ..v1 r' p, 1 i ;{F,.:r •E.t,~''rflrrlti~•'1[Ty~F^'tr~iit~1~44f~~ ~!•r:, r, r 4. Vh e r; 7KA ~h 1 J P Z Minutes June 25, 1v80 Page 9 U,1 Z-1791. Petition of Jo Storer requesting a chan~o in zoning from agricultural (A.) to the planned development (PP) district on 1b4,31 acres located at the southeast corner of brush Greek Road and U.S. Highway 377, Tne property is more fully described in the H. Haggood Survey, Abstract 517; w, Hudson Survey, Abstract 506; and George W Uauahtery Survey, Abstract 351, If approved, the p.unned development will permit the following land uses: General Retail - 17.28 acres Private School - Z.36 acres Single Family Attached - IU,4d acres, 117 total units, with a density of 11,2 unite per acre Multi-Family - 11.21 acres, 200 total units, with a density of 17,8 units per acre Single Family Attached - 18,82 acres, 218 total units, with a density of 11.60 units per acre Single Family (SF-10) - 35,6U acres, 102 total units, with a density of 2.87 units per Acre Single Family (SF-lb) - 6U,76 acres, 122 total units, with a density of 2.U1 units per acre Open Space (private) - 7,8U acres Four notices were mailed to property owners within 200 feet; no reply forms were received in favor or opposition, nri TIONER: Jo Storer, owner of the property, stated that Thiy"fiavbeen working on this project for 18 months. She said that they have divided this project up into sotite won- derful areaa. She said that Choy have service areas for the homeowners and toose who live on brush Creek lcoad, She said that they will be providing t preschool and day care center. She said that this proposal is very country with lots of trees. Slte added that the property has been annexed voluntarily, Greg Edwards, Metroplea Engineering Corporation, stated that there are planning contraints for the property. He added that they are utilizing the natural beauty with this project. Mr. Holt asked if they intended to develop the single f;,taily (SF-16) first. Ms. Storer said yes and that they will be bringing water and sewer to the site. IN FAVUR: None present, UNPOSED: John Alexander, who lives outside the Woodcreek area, stated that this proposal is of enormous intensity. He said that it is an overlntensification of land use. No askea the Commission to be extremely careful in approving this type of intensity and cautioned that 11.2 and 11.6 units per acre is bordering on high intensity. IiTAFF REPORT: Ms, Carson stated that this property Is located in a moderate and low intensity area according to the Denton Developpment Guide. The moderate area at Brush Creek Road and U T Highway 377 was created in 1y84 when the City council adopted the annual revisions to the Guide. The staff recowmend.s that the node be expanded to 60.4, acres with 37.92 acres in this propossl Including open space, general retail, a private school, and single family attached, 'Cho area would include three unzoned corners or a total of 22.50 acres an, would be 161 under the intensity standard. The remainder of the roquest would be In a low intensity area. She said that the proposal provides diversity in this area of :h(a City of Denton. She said that no Development Guide policies are violated by the proposal. She said that the open space P d Z' Minutes June 25, 1986 Page to area is reserved for right-of-way necessary for the proposed Loop 288 interchange with U,S. Highway 317, She said that staff recommends approval with conditions. Mr. Juren asked at the time of Phase I ou the SF-16 parcel would all the infrastructure and platting have to be in place prior to any development occurring in subsequent parcels, Ms. Carson said that phasing permits the staff ' to know how development will occur, Sne said that as a detailed plan end plat for each parcel is approved the infrastructure would be necessary, Mr. Holt stated that no was concerned about the developer being locked into the development schedule, Ws. Carson said that the developer can amend the schedule or receive an extension if requested, REBUTTAL: Norge offered. Chair declared public hearing closed. UEC1SION: Mr. Meyer stated that all these cases are the result of several hours of negotiations between the developer and staff. He said that every case that has been recommended for approval by staff has upheld the tiuiJe. Mr. Juren moved to recommend approval of L-1791 subject to the following conditions; 1. The detailed plan shall be consistent with the concept plan, development standards and schedule. 2. Land uses in Parcel 8 shall be all uses permitted in the general retail district in Article 7 Section H - Retail and Service Type Uses, and the following additional uses: amusement, commercial (indoor), theater - other ti,an drive-1n type, gasoline service station, new auto parts sales stores, roller and ice skating rink, and auto laundry. 3. The fences along the eastern boundaries of Parcels H, 1), B, and F must be erected prior to issuance of building permits in e9ch respective parcel. The fence along the southern bouhuary of Parcel C must be erected prior to the issuance of building permits for that parcel, The remaining fence and/or landscaping for Parcels B, CO 0; H, and F must be erected or completed prior to the issuance of certificates of occupancy or utility connections for the respective parcels. 4. All residential areas, Parcels U, h, P, G, and H shall have underground electric service. S Brush GreekfRoadomustgbe-dedicatedowithnplatsiforof Phase I. 6. The floodway located at the north boundary of Parcels 8, C, and H shall remain In a completely natural form from U.S. Highway 377 to the east boundary of this request. Seconded by Mr. Holt. Mr, Escur, stated that his concern was with the total number of units and acres In the area. He said that he was concerned about increasing the node to 60 acres. Mr. Holt stated that he would like to see more of these proposals. He added tha' he would like to see it all single family. Vote was called anei motion carried (3-1). Mr. Escue voted no. k 1315 L ~ , NO. AN ORCINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTUN, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE GODS OF ORDINANCES OF THE CITY OF DENTON TEXAS, BY ORDINANCE N0, 69-1, AS AMENDED, AND AS SAID MAP APPLIE4 TO 164.31 ACRES OF LAND LOCATED AT THE SOUTH- WEST CORNER Of BRUSd CREEX ROAD AND U. S HIGHWAY 779 AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFI- CATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION i, That the zoning classification and use designation of 164.31 acres of real property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Develooment "PD" District Classification and Use designa- tion under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION ll. That the "development concept" site plan, attached hereto as Exhibits "B" and 11B-111, and the "Planned Development Design State- ment'., attached hereto as Exhibit "C", both being Incorporated herein by reference, are approved and adopted As the concept plan for the district in accordance with article 11 of Appendix B-Zoning of the Code of ordinances of the City of Denton, Texas. SECTION 111, That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. The permitted tend uses in Parcel B, as shown on the concept plan, shall be those uses permitted oy Article 7 H ("Retail and Service Type Uses") of the Schedule of Uses of Appendix B-Zon' of the Code of Ordinances, and the following additional uses: (a) amusement, commercial (indoor); (b) theater (other than drive-in); (c) gasoline service station; (d) new auto parts sales stores; (e) roller or ice skating rink; and (f) auto laundry. 2. the fences along the eastern boundaries of Parcels B, D, E, and F must be erected prior to Issuance of building permits In each respective parcel. The fence along the southern boundary of Parcel C most be erected prior to the issuance of building permits for that parcel. The remaining fence end/or landscaping for Parcels B, C, D, E, and F must be erected or completed prior to the issuance of certificates of occupancy or utility connections for the respective parcels. 3. All residentla, areas, Parcels D, E, F, G, and H shall have underground electric service. 4. There shall be shown on the final plat and detailed plan for Phase I of the district a sixty f3ot dedicated right-of-way for Brush Creek Road; the dedicated strip to be measured from the centerline of the existing street to the district property and shall extend along, the entire portion of said road that abuts the district. S. The floodway located at the north boundary of Parcels B, C, and H shall remain in a completely natural form from U. S. Highway 377 to the east boundary of (his request. SECTION IV. The Zoning Map of the City of Denton, Texas, adopted the .4z!: day of January, 1969, 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 V. 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 Z-1791/PAGE 2 s~Jtability for particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the mosL appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION VI. Any person who shall violate a provision of this ordinance, or falls 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 ($1,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. 5ECTION VII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of Its passage. PASSED AND APPROVED this the day of 1986. CITY OF VENTON, TEXAS ATTEST; CHARLOTTE ALLENo MY SECRETAKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi DEBRA ADAMI DRAYOVITCH, C1:Y ATTORNEY ^ITY Or DENTON, TEXAS i BY:- Arm Z-1791/PAGE 3 ,f, EXHIBIT "A" All that certain tract or pareal of ki,d situated in the No Ha6$ood Survey, Abstract Number 517= the W. lludson Survey, Abstract Number 586; and the George `J, Daugherty Survey, Abstract Nur~ber 351, Denton County, Taxes and being all of a Coact shown by dead to Joe Id, ,Rhodes, recorded in Volume 639, page 486, Deed Records, and being all of a tract shown by deed to Herbart E. tlyss, recorded in Volume 1062, page 8 34, Deed Records, and being All of a tract of land shown by deed to Ewell Records8ofk341decounty and !teingrmore ifully described as followst Deed Reginr,ing at the intersection of the east right-of-way line of U.S. Highway 377 and the north line of said Haggood Survey, the same being the south line of the B.B.B. 6 C.R.R. Co, Survey, Abstract Number 160, said point also being in Brush Creek Roa,it Thence North 89 degrees 41 minutes 40 seconds East, along the north line of said Haggood and Daugherty Surveys and the south line of said B.B.B. 3 C.R.R, Co. Survey and the James Severe Survey, Abstract Number 1164, a distance of 1137,02 festi Thence Sou!. 00 degrees 18 minutes 20 seconds Last, along the west line of B's :.k I of Woodct•eak Addition, recorded in Cabinet E, page 2149 Plat Records of said county, a distance of 100.00 feet to a steel pin for cornert Thence South 47 degrees 54 minutda 55 seconds East with a southwest line of said Woodcreek Additon a distance of 389.97 feet to a steel pin for corner; Thence South 80 degrees 57 minutes 59 seconds East with a southwest line of said Woodcreek Addition a distance of 120,00 feet to a steel pin for corner; Thence South 58 degrees 16 minutes 17 seconds East with a southwest line of said Woodereek Addition a distance of 523.35 feet to a steel pin at the southeast corner oi said addition, said steel pin being on the east line of said C,W, Daughtrty Survey and in the west line of the P. Daugherty Survey, Abstract Humber 3481 Thence South 00 degrees 33 minutes 13 seconds West, along the east line of said C.W. Daugherty Survey and the west line of said F, Daugherty Survey, a distance of 145,00 feet to s point for corner; Thence North 84 degrees 15 minutes 26 moconds West, with a fence, a distance of 163,84 feet to a point for cornert Thence South 00 degrees 51 minutes 55 seconds East, with a fence, a distance of 394.53 feet to a point for corners Thence South 02 degrees 59 minutes 17 seconds West, with a fence, a distance of 919.66 feet to a point for the easternmost southeast corner of the herein described tract, said point also being the aoutheast corner of said Wyss tractt Thence North 99 degrees 38 minutes 13 seconds West, with a fence, a distance of 1452.93 fast to a point for an 'L' corner of the herein described tractt Thence youth 00 degrees 13 minutes 18 seconds West with a fence,, a distance of 1032.26 feet to the southeast corner of the Sarein described tract, said point also being the southeast corner of said Burkhalter taactt Z-1'~A1 tXNI9IT „A" (CO.V'T) Themes South 79 degrees 08 minutes 04 seconds .pest, with a fence, a distance of 1852.03 feet to a point for the southerly most corner of the herein describt.i trace; Thencs North 50 degrees 07 minutes 44 seconds Vest, with a fence, a distance of 399,90 feet to a point for the southwest corner of the herein described tract, said point being in the east right-of-way line of said U.S. Highway 3771 Thence North 27 degrees 28 minutes 00 seconds East, with a fence a„~ along said right-of-way line, a distancei of 309.74 feet to a point for corner; Thence North 79 degrees O} minutes 16 seconds East, with a :once, a distance of 246,69 feet to a point for cornert Themes North 2$ degrees 18 minutes 56 seconds East, with a fence, a distance of 488,75 feet to a point for cornert Themes South 76 degrees 08 minutes 10 seconds Vest, with r fence, a distance of 232.86 feet to a point for corner in the east right-of-way line of Paid U.S. Highway 3771 Thence North 27 degrees 28 minutes 00 seconds East, along said right- of-wsiy line, a distance cf 2128,68 feet to a point. for corner; Thence North 33 degrees 09 minutas 14 seconds East, continuing along said right-of-way line, a distance of 301,15 feet to a point for corner; Thanes North 27 degrees 31 minutes 11 seconds Oast, continuing along said right-of-way line, a distance of 294.39 feet to o point for corners Thence North 58 degrees 35 minutes 38 seconds East, continuing along said right-of-wey line, a distance of 156,33 feet to a point foe corner in the sok.'h right-of-way line of said 3rush Creek Roadj Thence !forth 26 degrsss 24 minutes 22 seconds East, a distance of 33.43 foot to the point of Beginning and containing 164,314 acres of land. Z-1791 r C ~ N M uwv^ MjAw '-t to hurmopLax « 0~ ~rA?1*ON WWI, WCOCCR@QK ' .JO iTCq~q ~ ~ w.°nr w.nr ' l t" ~ ~~i ~rwew.a N t • ~ Rwwi~ H I • *AIWWIWdpwd r Y . r~Two~x~x of •~Y 1~11~11 ~IMM ~A 1~1 Mw FbN1•M\ IIFMY WI~IWM ~.+r I MY•f WOCOCRUNK CWV2LCBM SNr COMCGPT r Jo STCNRUM AZ~ rr•.rr.r+..rr.r. EXHIBIT "C" PO-7723 PUNNED DEYEIAPHF.NT DESIGN STATrNCU* Statement of Intent A. To develop a mul~i-use community p with commercial, private permitted t, single family attached and detached units as 8. Development and marketing toprcoincide Withniestablishediand future market demand. Construction to be accomplished by phasing, 2. litAon to Corarehansive PI R The proposed district is in s low intensity zone according to the City of Denton Develepment Guide. This development has been designed to meet the, intent of the Development Guide. 3, Agrgass Parcel A - 7.80 acres Parcel 6 - 11,21 acres Parcel D - 17.28 acres Pnrcel F - 18.82 acres Parcel C - 2.36 acres Parcel C - 35.60 acres Parcel D - 10.48 acres Parcel H - 60.76 acres Acreage - 164.31 acres 4. Lead Usig A. &Isting land use - agricultural, ;pasture - 164,31 acres B, Pr,posed land uset rcel A - open space - 7.80 acres .4rcol 8 - general retail - 17,28 acres Parcel C - private school - 2,36 ser44 Parcel D - single family attached - 1Q.48 acres Parcel E - multi-family - 11.21 acres Parcel F - single family attached units - 18.82 acres Parcel G - single family, SF-10 - 35.60 acres Parcel H - single family, SF-16 - 60.76 acres S. . ff-Site Infereur~n~ As shown on the Concept Plan x-1'ig1; r"" 17 F. icy L EXHIBIT (CON'T) 6, IF°ffiic a l Transoor -U As shown on the Concept Plan A. Projected amount of traffics Parcel A - -0- V. T. D, Parcel 8 - 11,232 V,T,D. Parcel C - 1,534 V.r,D, Parcel D - 1,048 V,T,D. Parcel E 2,242 V,T,D, Parcel F - 1,882 V.T.D. Parcel r, - 255 V,T.D, Parcel H - 122 V. T. D, Total - 18,315 V.T.D. 8. Parking reyulrements as permitted by ordinance Notes Rear access by 20-foot private access easement residential uses permitted for all 7. 1"JUM A. Approximate locations As shown on the Concept Plan 8. Maximum heights Parcel A - .0. Parcel 8 - 60-foot, three-story Parcel C - 45-foot, two-story Parcel D - 45-Font, two-story Parcel 2 - 45-foot, two-story Parcel F - 45-foot, two-story Parcel C - 45-foot, two-story Parcel lI - 45-foot, two-story C, Minimum building setbackas Parcel A - 00 feet Parcel B - 30 feet Parcel E - 25 feet Parcel C - 30 feet Parcel F - 25 foot Parcel D - 25 feet Parcel G 25 feat 0. Maximum total gross floor arsai (non-residential) Parcel 8 - 376,358 S.F, Parcel C - 51,401 S.F. E. Number of dwelling units and units per acres Parcel 0 - 117 dwelling units - 11.20 d.u,/scrc Parcel E - 200 dwelling units - 17.80 d.u./acre Parcel F - 218 dwelling units - 11.60 d.u./acre Parcel C - 102 dwelling units - 2.87 d.u./afro Parcel H - 122 dwelling units - 2.01 d,u./acre Z-1?ill ~ EXHIBIT (COV'T) 81 Residential Subdiri•+~•• A. Numbrceelr Cand- l lU2ocaltoitson of lots as shown on the Concept elan Pa Parcel H - )22 lots 8. Minimum size, width, and depth of lots Parcel C - 10,000 S,F. ')0-foot width, 110-foot depth Parcel H - 16,000 S,F., 100-foot width, 120-foot depth C. Minimum front, side and rear yard setbacks Front Side Rear Parcel 0 30 feet 109 of lot 15 feet widt,l Parcel H 35 feet 10% par side width 15 feet per aide 9. Mater and Drainaae As shown on Concept Plan 10, utillltte,._ As shown on Detailed Plan 11. Try As shown on Concept Plan, There are tree masses located on the property with Oaks 3 inches in diameter or greater. A majority can be weed with the land uses proposed, 12. O As shown pen Scace pp Parcel A -n 100.000% open spacep futurelaLoop 288 Parcel 0 - 10.00% open space, private Parcel C - 10.002 open space, private Parcel D - 104002 open space, private Parcel d - 10.00% open space, private Parcel F - 10.00% open space, privst, 13. Screanins As shown on the Concept Plan 2-1791 EXHIBIT "C" (CAN'T) 14, v to Mont 5cheU As Estimated start of constructions 1987 R, Lstimsted phasing as shown on the Concept Plan according to market demands Phase I 1987-1992 Derailed Site Plan, June 1987 Parcel H Phase II 1988-1999 Detailed Site Plan, June 1988 Parcels A, 8, C, D, Co & F Phass III 1989-1994 Detailed Site Plan, June 1989 Parcel C Z-1791 DATE: 08/05/86 CITY COUNCIL REPORT FORMAT Do [TO: Mayor and Members of the City Council FROMr Lloyd Harrell, City Manager SUBJECT: Public Hearing for Z-1813 RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of June 25, 1986 and voted to recommend approval of Z-1813 by a vote of 3-1. SUMMARY: irs _n a request for a change in zoning from the commercial (C) and ice (0) zoning districts to the planned development (PD) classification and approval of the detailed site plan for that tract as well as the existing 11.1 acre planned development (PD-27). BACKGROUND: The detailed site plan is consistent with Zoning Ordinance Standards for multi-family developments and the conditions of the original planned development. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the general fund. lly s b itted: Pre ZloyHarrell pared by: City Manager Spi~eyt) Urban Planner Appro ds Jeff Meye Director of Planning and Development 0239k PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL To: Denton City Council Case No.: Z-1813 Meeting Date: August 51 1986 GENERAL INFURMATION Applicant: Metroplex Engineering Corporation 1123 Fort Worth Drive Denton, Texas 76205 Status of Applicant: Engineer Requested Action: Change in zoning from the office (0) and commercial (C) districts to the planned development (PD) classification and approval of a detailed site plan. If approved, the planned development and detailed site plan will permit the development of 472 multi-family units. Location and Size: A 20.550 acre tract located on the south side of Audra Lane approximatel' 300 feet west of Loop 288. Surrounding Land Use and Zoning: North Vacantt PD-96 South - Vacant; PD-73 East - Vacant, Denton Development Centert C, Of S-5 West - Vacant; PD-831 A Denton Development Guide: Low intensity area. SPECIAL INFORMATION Transportation: Perimeter street paving regulations will be applicable along the 1,030 feet of Audra Lane frontage of this project, one drive approach is also shown on Loop 288. A sidewalk will be required along Audra Lane, (Case Z-1813) Page Two SPECIAL INFORMATION (continued) Utilities: The existing 8" sanitary sewer line in Audra Lane has sufficient capacity for Phase I of the project, Developer must run a parallel sewer line from this project north to the outfall line on east side of Loop 288 at Highway 380 or south to 15" sewer approximately 700 feet to serve Phase II, An 8" water line must be installed in Audra Lane and down the west side of the project through the development to Loop 288 to connect onto the complete loop. Drainage: A concrete channel will be required to handle the drainage from this property, HISTORY In May of 1980, the City council approved three zoning changes on a 26.4 acre tract located at the southwest corner of Audra Lane and Loop 288. The following zoning classifications were granted on the tract: 1, Commercial - 12.3 acres 2, Office - 2.9 acres 3. Planned Development - 11.1 acres, multi-'family use ANALYSIS This petitioner is requesting a change in zoning from the commercial (C) and office (0) zoning districts to the planned development (PD) classification on 9,4 acres and approval of the detailed cite plan for that tract as well as the existing 11,1 acre planned development. The following ie an analysis of the detailed site plan: 1, In~ensity - This tract is located in a low intensity area that is over the standard by approximately 19 based on existing zoning and 51% under the standard based on existing land use, This proposal would improve the intensity situation because commercial and office zoned property that generates 650 and 350 trips per day per acre respectively, will be changed to multi-family use that generates 200 trips per day per acre, (Cabe Z-1813) Page Three ANALYSIS (continued) 72.MUlti-family Concentration This proposal violates the lti-family concentration policy for low intensity areas as only 2U0 units are permitted and this project contains 472 units; however, a planned multi-family development is preferable to an unroatricted commercial development. 3. Setbacks - Building setback locations and the separation between buildings are consistent with the City of Denton Zoning Ordinance requirements. 4. height - Proposed ~ maximum height of the buildings is two stories, which is consistent with the conditions of the existing planned development. 5. Parking - The number of parking spaces shown for the proposed multi-family units (822) exceeds the amount required by the City of Denton Zoning Ordinance (692)0 6. Lot Coverage - Proposed lot coverage is consistent with City of Denton Zoning Ordinance regulations limiting coverage to 40% of the lot area in a multi-family zoning district, 7, Density - Total project density of 22,97 units per acre is consistent with the 25 unit per acre limit of the existing planned development. 8. Screening - A six (6) foot solid screening fence is required along the western boundary of the tract as a condition of the original planned development. 9. Signa.ge - The height and eietback of the proposed sign are consistent with the City of Denton Sign Ordinances however, the maximum surface area of the sign should be reduced to 50 sgoare feet to comply with the ordinance. 10. Landscaping - The site plan states that shade trees will be planted fifty feet apart along the Audra Lane frontage and the boulevard entry at Loop 288, that all apartment buildings will have planting beds, and that all areas not paved will be landscaped or grassed. 11, Access - Two access points for the development are located on Audra Lane, a collector, and a third access point is located on Loop 288, a primary major arterial, Corner clearance and separation requirements have been met; however the Subdivision and Land Development Regulations require Traffic Safety Commission and Planning and Zoning Commission approval of the Loop 288 driveway if it is not approved on this site plan. (Case Z-1813) Page Four RECOMMENDATION The Planning and Zoning Commission considered this item at its` meeting of June 250 1986 and voted to recommend approval of Z-1813 and the detailed site plan by a vote of 3-1, as it is consistent with City of Denton Zoning ordinance standards for multi-family districts and the conditions of the original planned development. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS 1, Location Map 2. Detailed Site Plan 3. Development Standards 4, Planned Development (PD-27) Ordinance 5. PD-27 Concept Plan 6, Reply Form Totals 7, Property Owner List 8. Minutes of Planning and Zoning Commission meeting of June 25, 1986. 01910 MF-I , - ~ '~l'LLll {~I r 1ff 1 I / S' ' =J7 MIS MF-I PD 4 C ' I 4----- SF.7, PD•64 i q t C S~ PD-61 1 1 P L) 1 W ! r 1 a, S*5 SF-10 ■++r 1 S-126 1 P0.73 I -r s r. ~ ~ ~ r 1 N woomm" ova - ` n I _ r 1 VICINITY m4p 160, +I 0 utarr wr ti . I eenlr km KvtLm MOM wirer a' W" rur r»w i / I rfrt 1 k r111fIM I'M W It LAW W I1NYrrMNl1Y. .n rRm ll ; i f rl nrrf It rw r 1"" eNUlwl .pl Mr! RrM7M Itlf. r + 1 ~ ~ / 1~ . N111 Alt .lu » Rrr» 1 .InMM - M' 1 t. rrr ren 7 ~ 1M M lr4[rIM rRM ri lfI Ml. imfrA Nrtr MIN wjmw MIIw T » f I rYtrfr w.u ,»r w fix. n ml Rat w 11_10 Of Im toom MNl I. rw Mfr ~ I a.m. tudke 11MM 1 ff.w iM Y•M »wl If f. Ml m plJi I tiY 17 ON rr wn 1w fw r » l» rOnL M.fll p/ II,H _ I At1r~tl MrM 5» M 111 1» w /.1'»'1Y~ 1.!' I I Mkl w W IN /N 111 M.P. K0, Me 111$* fN N.H j r I na~l~+ 40 rr No 1.1'r , r.»• t011f1/ 1 1-----.~...._ ItTAOPI[X tININCEAIIM Tlpf ~ Mtuta~Nw / Rr»IM t 11 fiw 7fR. ` 1 W rrn rRN Mw ~t'1Rl^""re Hr.~r. OQT MS0 SIM PL AM AWM LAW 1wu++nane -&A- ate W I'.w 7/1rrY/ REVISED Of % arwr~.-• F 1 lti. i m f to 40 T ~ I I ~1 f} ~ U Qf _ ~ LaoBNc ■XIBTIIVO TRiloB SHAQ■ 8 ORNAMENTAL - - - - TREES BRABCNAL COLOR 8HRU8B rwiw~ o« ~u atoas, EVEROREENB LANDSCAPE PLAN AUORA LANE APARTMENTS R E MOPLEX 4Lk-MINGUNIIIII[RING co RATION 111, mw wmfw 0.1 no" Isw MM1 NMwM 1fflIRNMNq Z-/,/3 . PD-7705 PLANTED DEVELOPMENT DESIGN STATEMENT for AUDRA LANE APARTMENTS 1. Statement of Intent A. To develop an apartment community as permitted by zoning district. B. Development and marketing con coincide with established and future market demand. Construction to be accomplished by phasing. 2. Relation to Comprehensive Plan A detailed site plan o!' approved zoning districts located in a low intensity area According to the City of Denton Development Guide. 3. Acreage Phase I - 10.62 acres Phase II - 9.93 acres 4. Land Uses A. Existing land use - agricultural, pasture - 66.00 acres B. Proposed land use: Phase I - apartments - 10.62 acres Phase II - apartments - 9.93 acres 5. Off-Site Information As shown on the Detailed Site Plan 6. Traffic {end Traasaortation As shown on the Detailed Site Plan A. Projected amount of traffic:, Q~~~,Y►~ Phase I - 1,920 V.T.D. Phase II - 1,856 V.T.D. Total - 3,776 V.T.D. '6 I /Ao 3 7. i in a A. L,ocationt As shown on the Concept Plan B. Maximum heights 45-foot, two-story C. Minimum building setbacks: 25 feet D. Maximum total gross floor areas Phase I - 191,528 S.F. - (including clubhouse) Phase II - 181,360 S.F. E. Number of dwelling units and unite per acre: Phase I - 240 dwelling units - 22.60 d.u./acre Phase II - 232 dwelling units - 23.36 d.u./acre 8. Residential Subdivisions N.A. 9. Water and Drainage As shown on Detailed Site Plan 10. Utilities As shown on Detailed Site Plan 11. Trees As shown on Detailed Site Plan. There nre individual trees located on the property with Oaks 3 inches in diameter or greater. A majority can be saved with the land uses proposed. 124 Olen Space As shown on Detailed Site Plan Phase I - 37.7% - 4 acre open space, private Phase II - 37.7% - 3.75 acre open space, private 13. Screening As shown on the Detailed Site Plan WOMEN 14. Development _ oSchedule A. Estimated start of constructions To commence upon approval (1986) B. Estimated phasing as shove on the Detailed Site Plan Phase I 1986-1987 - Detailed Site Plan submitted this date Phase 11 1988-1990 - Detailed Site Plan submitted this date No TE.CAS ORDINANCE SAMS AMENDING ADOTHE PTEDONAS AN APPENDIX TO CITY OF THE CODE of + ORDINANCES OF THE CITY OF DSNTON, TEXAS, BY ORDINANCE NO. 69.1 AND AS SAID MAP APPLIUS TO APPROXIMAT9LY 26.4 ACRES OF LAND ;A SHONN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DBNTON, TEXAS, AND MORE PARTICULARLY DBSCRIBBD THERSIAY; ANO DECLARING i AY EFFECTIVE DATE. ! THE COUNCIL OF THE CITY OF DENTON, TEXAS, RERBBY ORDAINS: o SBC ION i That the tonina the 14th day of Jnuary,o1969, astAno Appendix toe the Code tof ordinances of the City of Denton, Texas under provisions of Ordinance No, d9.10 be, and the same Is hereby amended as follows. All the hereinafter described property is hereby removed from the Agricultural "All District as shown on said Zoning Map, ons ofd January, 1969 as amended. hali60 1hereafter apply to said 14 i , auopted the lath day property aloeatd rein 1 the Commerciale the sDistricterand amore particularly described as follows: All that certain lot, tract or parcel of land lying and bein situated in the City and County of Denton, State of Texas, ang d being part of the M.B. PA 3 P.R.R. Company Survey, Abstract No. 9270 and being part of a tract of land as conveyed from Clinton If. Tuaddell to John L. Dawson b Herbert 0. Driggs by Deed dated Junu ill, 19691 and recorded in Votua+o Sad, Page 619 of the Deed Records of Denton County, Texas, and more particularly described as follows; C0t,C1ENCING at the northwest corner of said tract, said ppoint of E be3Sinning lying in tha north boundary line of said M.BAP. A P.R,R. Company Survey, same being the centerline of Audrs Lane, and being 1030.07 feat north 890 53, 11" w4st of the M intersection of the centerline of Audra Lane and the west r! ht of way line of State Highway Loop 251; g THENCE south $90 53' 11" east alon3 the north boundary line of said tract samo huin; thol centerline of .ludra Lane and also being the north bound-ir,v line of Jail !4 P.a.Company Si+rvay, a distance of 27%0l foes to tae place of beginninq; laidCtract tsa 890 3, I)eing c centerl3ilne gof0,3 dra r Lane a distance of 751.96 feet to a point for a corner, same being the inter- section of the centerline of Audra Lane and the west right oA I ra•I line of State Highway Loop 239, and also being the northeast corner of said tract; THVII:8 south 00 33' 40" west along the east boundary line of said tract same being the west right of :way line of Loop 2890 a distance of 1.63 feet to the beginning of a.curve to the right; THE`'CE southerly along a curve to the right, same being the east boundary line of said tract and also being the west right of :ray line of said State Highway Loop 238 said curve having a central angle of So l41 and a radius of S669,Ss feet a distance of 319.9S feet to a point; THENCE south 30 47, 44" west along the west right of way line of said State Hi hwn,y Loop 239 and also ')sing file boundary lino of said tract a distance of 412,41 fevt to a point for a corner; 80-j~' rN north $90 13' for a a corner; West a distance of 719.5 feet to a Polnt•., f Eo THENCE north 00 33' test a distance of 724,9 feet to the place of beginning and containing 12.343 acres of land, more or leas, All the hereinafter described property is hereby removed !roar the Agricultural All District as shown on said Zoning map, and all provisions of Ordinance me, 09-10 adopted the 14th day of January, 1969, as amended shall hereafter apply to sold property as OEflce 110" District in the same manner as other property located in the office 000" District and more particularly described as follows: All that certain lot, tract or parcel of land lying and beln sit'lated in the City and County of Denton, j being part of the M-1. P. d p, y State of Texas, ao. 07,7, and being part of a tract *of Iand ai on oya~d frost Clinton 1 W. Tuaddell, at ux to John L. Dawson i Herbert 0. Drl y Deed dried June 18, 1969, and recorded In Volume 586, Pagos 619 of the Deed Records of Denton County Texas, and more particularly described as follows: ' C044EXCING at the northwest corner of said tract, said point of beginning lying in the north boundary line of said M.B.P. 4 P.R.R. Company Survey, same being the centerline of Audra Lane, and beinrr 1030.97 feet north 890 53' 11" west of the intersection of the centerline of Audra Lane and the west right of way Iine of State Highway Loop 288; THENCE south 390 of said tract same5being the conterlinetof Audra Lone dind also being the north boundary tine of said M.B.P. R P.R.K' Company Survey, a distance of 279,01 lest to a point for a corner; I THEqCB south 00 33' west a distance of 724.04 feet to the place of beginning; i THENCE south 00 33' west a distance of 181.01 feet to a point for a corner; THENCE south •890 13' east a distance of S78.80 feet to a point for a corner; THENCE north 00 331 oast a distance of 3.i3 foot to a point for a corner; THENCE south 890 13' east a distance of 130,6 feet to a point for a corner, same being the most northerly southeast corner of said tract; THENCE north 30 $71 411 east slon¢ the east houndar,v line of said tract same being the west right of way line of said State ilighsvay Loop 298 a distance of 177,01 feet to a point for a corner; THENCE north 890 13' west i distance of 70,s feet to the ?lace of beginning, and containing ?,fit acres of land, more or less. All tha hereinafter described from the Agricultursl "A" District as shownyan saidrZonin3mtapt and W provisions of Ordinance No. 40•i, adopted the 11th day of January, 1969, as amended, shall hereafter apply to solo property as PlannhQ Development "PO" District in the same manner as other property toented in the Planna:l Development "PO" nistrict and more particularly described as :ollows, 1-1,I46•CIIARLE.S GL.ISGOV-PAGE 2 I ~vll bAll that certain eing d in the Cie sand tract or County ofr parcel l3titiyof Texan be;mr part of the L.P. 0 P.R.A. Company Survey, Abstract No, 927 and being part of a tract of land as conveyed from Clinton Jim+u1~d'1969o andnrecordedoingVoltwo Std, Palo 619yo1'lhedbiid Records of Denton County, Texas, and more particularly described as foilowst BEGINNING at the northwest corner of said tract, said point of beginning lying in the north boundary line of said N.B.P. A P.R.A. Company Survey, sane being the aeterline of Audra Lane, and being 1030.97 feet north 190 $3, 1111 west of the oftway'linenof_ State Highway Loop 2e rr Lane and the vest right THENCE south 190 53' 11" east along the north boundary line = of said tract same being the centerline of Audre Lane and also being the north boundary line of said M.I.P. 4 P.R.A. Company Survey, a distance of 279.01 feet to a point for a corner; THENCE south 00 33' west a distance of 904.90 feet to a point for s corner; THENCE south 190 13' east a distance of 220.55 feet to a point for a corner same being art inner e1,1 Corner of said tract; boundirysolIn* 00f dsaid5 tracts a distance of°470.05 footy to sa point for a corner same being the most southerly southeast corner of said tract; THENCE north 190 13, west along the south boundary of said being the southeastf corne06of 'said tracieint for a corner, same I THENCE north 00 331 east along the west boundary line of said tract a distance of 1372.5 feet to the place of beginning, and containing 11.177 acres of land, more or less. The above described property shall be toned Planned Deve- lopment "PD" for multi-family use with the following conditions, 1• The density 'of, the development shall be limited to 25 units per acre. 2. A 6 foot solid fence shall he constructed along the western boundary. 3. The maximum height of the apartment buildings shall he two-stories, 4• Site plan approval by the Planning Commission and City Council is required before developmenc may commence, SECTION it. That the City Council of the City of -Denton, Texas hereby finds that such change is in accordance with a comprehensive plan of for Denthe purpose of ton, Texas, and promoting i reasonable nconsideration oamong other things for tho 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 oncouraiing tho most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, Z-1346-CHARLES GLASCU-PAGE ; 2.7 3 SECTION III. That this ordinance shall be in full force and effect' immediately after Its passaos and ap heart prov:l, the required public ngs having heretofore been held by the Planning and Zonin; Camaission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of A. D. 1980. CITY OF DEYTON, TEXAS ATTEST: CITY' OF VtOLLU TEXAS APPROVED AS TO LEGAL FARM C. J. TAYLOA, JA CITY ATTORNEY CITY OF DMTON, iiXAS f . BY: i I Z-1446•CHARLES GLASCOlf•PAGB 4 Salomon . AN urw~rwN 17, F= ww«rr u•W1M S i IMA► Cho 1M~ 1 LOT I 4.. SM Aq MULTIFAMILY j COMMIRCIAL ~ fw I 1 LL I ~ I~ s 1~ I } i t I i salvo OFFICC it rwe UJaw y ftwl w Suit 1 J u! i i I I LOT T Z y MULTIFAMILY (1.W1G4~ wn r «rrlrlr 06 1 ' rN~Nft IIA1 6N ' 'r bwr►. rAA~~+r~+► eG • i? PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1813 IN FAVOR IN OPPOSITION UNDECIDED B. J. Hays None Received 1606 Banbury Lane Carrollton, TX 75006 r M' r ~ f e i 4 T .diA'rt. y"'!1 ~1 '~ftt~ tii'7f 1A ~o+'~frli~•.Z~a~f°S [Jy~ r {S~ ' ' 1 1 ;`1 ILI loV. ' .r" r [Lt~4 ASP PN Sil~it' ~J fJ rri) f i yi-p .1 _ - t~ r r r a;... l-{ ~~a~r J4Y. ♦f F _ },It y S + 3 ~ ~~1 ! ! Pd ~r 4 ~ lR-~ S. imp a 64 SS ~ Y~ # ,'11 1~.~ 1L yy t, --l ILI x ilk' l .4": _d_ I~.i ' 1,. •'f f r . lr' t't~~~'I t 4 r-. tr 1. I ~S #pi~i " IiMI U i t 1 r, ,a Sr r7 .j,r I\S ~r t , 1 f~•fr 1 t tf~f 1 Ir 'I: , 1t evr~~~ .f aJ~'1!J`~ir ' ~ ' 14 lie- i w2.i 0 d Numb mmmommop~ ry ,z'~';i ,`sZ~ldl". ..{.S{.S' r.r: i', ;e': ,,,..:h• it iY'`' FS•,16r 1' 4' Y g Z Minutes June 25, 1996 Page It Z,?813, Petition of Metroplex engineering Corporation rnn,ie`sting a change in zoning from the office (U) and nerciai (C) districts to the planned development (PU) classification and approval of a detailed site plan on a Z0.550 acre tract located on too south side of Audra Lane approximately 3U0 feet west of Loop 288, The property is further described as a tract In the and Y. Railroad Company Survey, Abstract 927, If approved, the planned development and site plan will permlt the development of 472 multi-family units. Six notices were mailed to property owners within ZUU feet; one reply form was received in favor, no reply forms were received in opposition, PETITIONER: Greg lidwards of Metroplex Engineering stated t a Frey received an architectural site plan from tort Builders proposing phasing of construction of the apart- ment complex. He said that they would be building the southern half first and then proceeding '»ithin a couple of years with the northern half of the complex. He said that under existingg zoning that thny can basically do this type of request. He said that there are eleven acres in a planned development that requires a site pian and nine acres of office and commercial that does not require a site plan. He said that it would be easier if the entire twenty acres was In a planned development. He said that they have meet all the requirements of the planned devel- opment ordinance, He said that the landscape plan is in pictorial format to help understand the quality of the project, He said that this is a benefit to the City of Uenton because this area is over intensity based on ex- isting zoning and this proposal will reduce the Intensity. IN FAVOR: None present, OPPOSED: None present, STAFF KBPURT: Ms, Spivey stated that in may of 19800 the ty ounc approved three zoning changes on a 26.4 acre tract located at the southwest corner of Audra Lane and Loop 288, She said that the following zoning classifica- tions were granted on the tract: commercial, office and planned development for multi-family use. She said that this petitioner is requestilig a change in zoning from the commercial (C) and office (01 zoning districts to the planned development (PD) classification on 9.4 acres and approval of the detailed site plan for that tract as well as the existing 11,1 acre planned development. She said that this tract is located in a low intensity area that is over the standard by approximately it based on existing zoning and 511 under the standard based on existing land use, This proposal would improve the intensity situation because commercial and office zoned propert; that generates 650 and 3S0 trips per day per acre respectively, will be changed to multi-faatily use that generates 1UU trips per day per acre. She said that this proposal violates the multi-family concentration policy for low intensity areas as only 200 units are permitted and this project contains 472 units; however, a planned multi family development is preferable to an unrestricted commercial or office zoning. She said that a six (6) foot solid screening fence is required along the western boundary of the tract as a condition of the original planned development, She said that the height and setback of the proposed sign are consistent with the City of Denton Sign ordinance; however, the maximum surface area of the sign should be reduced to SO square feet to comply with the ordinance. She said that two access points for the development are located on Audra Lane, a collector street, and a third Y 6 Z Minutes June 15, 1986 Wage IZ access point is located on Loop 188, a primary major arterial. She said that staff recommends approval of Z-1813 and the detailed site Dian with the conditions of the original planned development, Mr. Claiborne asked if the access for the apartments is public or private, Ms. Spivey said private. Mr. Claiborne asked about signalizatlon In this area. Ms. Spivey said the intersection of Audra Lane and Loop 288 will possibly be signalized in the future, Mr. Holt stated this property has been zoned office and commercial for over six years and stated that he is will- ing to make the gamble that nothing ever develops if left as it now exists. Ile said that it is the trade-off that bothers him because it is 172 units over ilia concentration policy. Mr. Claiborne said that the trade-off is cumulative zoning for a planned development. Ms. Spivey stated that based on the ordinance eliminating cumulative zoning a multi-family use could be built on the commercial and office zoning until December 1988, She said that a planned development given the staff the opportunity to have a plan so that landscaping, parking, etc, can be regulated and required, Mr. Holt asked if this is not approved because of cumula- tive zoning could they still build the 472 units'! Ms. Spivey said yes, kUBUTTAL: Mr. Edwards stated that the driveways are in- ten e7t'For joint access. Chair declared the public hearing closed. DECISION: Mr. Claiborne stated that cumulative zoning is the c fy's worst enemy. He moved to recommend approval of Z-1813. Seconded by Mr. Juren. Mr. Escue asked if the commercial tract adjacent to the request could be developed as residential. Ms, Larson said yes. Vote was called and motion carried (3-1), Mr. Escue voted no. F. 2-1814, Petition of Or. Bill Cudd requesting a change in aoninq from the singqle familyy (SP-LO) district to the planned development (YD) classification on an 18,14 acre tract located at the northeast corner of U.S, Highway 380 and Uld North Road. The property is further described as a tract in the Caswell Carter Survey, Abstract 275, and the K. B. Longbottom Survey, Abstract 775. If the planned developpment is approved, it will permit the development of an office park. 'twenty notices were mailed to propety owners within 200 feet; thirteen reply forms were received in favor; two reply forms were received in opposition. PETIT1UNEk: Or. Bill Cudd stated that he has worked c'"I"ose y with the neighbors on the garden office land use, He said that the purpose of this petition is expressly for professional office use. He said that they hoped by treat- ing office use in this Area such problems as traffic and drainage could be ad- dressed effectively. He said that the proposal is very residential in character, y ,4 ` 6~ ♦ i+F • i a T I v. p. 1. S • c 1 4w I %3tiy i ~ r t 1 t. IP hV. 8~.1►#gMrlas and SOU04, Comaission considered this item at its 06 Jose 2#;' 1964 and voted to redoswend denial` of =-1814 by r 'I This is a request for a change in Boning fray the single family (p-I0) district to the office (O) classification on a 1802 acre tract located at the northeast corner of VoSo Highway Ud and Old North Road. BACtG144fitiDi ; r Development Guide policies limit office concentrations to four acres in miss in low intensity areas. The Planning and zoning Commission voted to recomend denial of this cast due to the gross violation of the office concentration policy. PROGRAMS, DEPMMMIMS OR GRWPS AFFRMDI Not applicable. FISCAL IMCTt There is no idipact on the general fund. Reap fully a itted: Lioy Harrel Prepared bye City Manager Denise Spivey urban Planner r ad f Jeff Mey Director of Planning and Development 18309/1 1,01 r c 111 1 I~"-^7X 4r y* M.. =.ty? aft 60000 1<' r 9 6 E l 3 r k 1. r x'1. ,a 0Y council t Date -~96! (;X*XM INfORNATiOl1 Appliceint: Dr. Bill Cudd 637 Londonderry Lane Denton, TX 76205 Status of Applicant: Owner Requested Action: Change in zoning from the single family (SF-10) district to the planned development (PD) , classification for office uses Location and Size: An 18.2 acre tract located at the northeast corner of U.S. Highway 380 and old North Road. Surrounding Land Use and Zoning: North - Single family, SP-10 South - Kennel, Lumber Co., Pargasi C East - Vacant SF-101 A West - Apartmentst MF-1 Denton Development Guide: Low intensity areas SPECIAL INFORMATION Transportation: The property has frontage on Mingo Road, a collector, and Old North Road, also designated as a collector. Perimeter street paving regulations are applicable to Mingo Road. A left-turn lane will be required on Mingo Road and a right-turn lane from U.S. Highway 360 onto Old North Road will also be needed. Sidewalks will be required on Old North Road and Mingo Road. z y -k t Y i n - ~ 'J A~~yY ~ a ~ r~[F ~F t. t41 .i } S ~}{Y[H lA. I Ww! utiift`i the asisithl 12• sanitary sewer line { # on tb* north side of Mingo Road will, provide adequate servios for this project. The internal water line should be 11' from Old North Road and tie.-Into the existing d" line at the northo&40 'cornoh of the project at Craig Lane. pro rata charges will be required for the sanitary sewer line. Drainage: Off-site drainage to Cooper Creek will be required for this tract. HISTORY In October of 1984, the Planning and zoning Commission and the City Council denied a request for a planned development at this location that would have permitted the following land uses: 1. 1.4 acres neighborhood service 2. 2.8 acres - zero lot line 3. 5.4 acres - cluster housing 4. 6.5 acres - office/warehouse 5. ~.0 acres - park Strong neighborhood opposition was a factor in the denial of the request. ANALYSIS The following is an analysis of the proposal according to Development Guide policies: 1. Intensity - The property is located in a low intensity area which is designated primarily for residential land use. Approval of this request will not violate the intensity etandard for the area due to the large amount of undeveloped property in the area. 2, Office Concentration - Development Guide policies limit office concentrations in low intensity areas to four acres in size. These projects are to be separated from other concentrations by at least one-half mile in distance. The current request contains eighteen acres of office land Use, Approval of this request will lead to a gross violation of this policy, ~Z +Rt a L 7 L .L . t. 2 _ h x. S d'screening fence is worm t 'theta Property Yine to visually screen thtw4 ~otQ +~rr.t~ from the adjacent single family hoses to the # A thirty-too!`, iandscaped,setback/drainage ,MUaement is also rovided on the northern edge of the Pro [30 #o:bui dings are located within this 4. Neighborhood Input - The developer has conducted a series of meetings with neighborhood representatives and appears to have incorporated their suggestions into the design of the project. RECOMMENDATION The Planning and zoning Commission considered this item at its meeting of June 25, 1986 and voted to recommend denial of Z-1814 by a*vote of 3-1. if the City Council is inclined to consider this request, staff would recommend the following conditions for development: 1. Land uses permitted in the planned development shall be the following uses permitted in the Office District of t'he Zoning Ordinance$ Appendix B, of the Code of Ordinances: Office - professional and administrative. 2. A detailed plan shall be submitted consistent with the concept plan, development schedule, and development standards attached. 3. The six-foot solid screening fence on the northern boundary cf the property must be erected prior to the issuance of building permits for the project. 4. The detailed site plan submittal must include architectural elevations to ensure that the proposed office buildings are physically compatible with the single family dwellings adjacent and north of the project. i I M' _Y M :a Real. _ .*_..a Hwy I Mr~. A~ s -.l`T' .tie r fi 1 . y } 6 a Y . +k' y1 n' ate f ar Y. ~'•x , y+- Jt ~ M 4-a .'y.. `t?544 y '~`r~C RT~ Mai... 20 ` ,bra n with &441tionai conditions : A~tny tioa 34 ATTACHMENTS 1. Location Map 2. PD Concept Plan 3. Development Standards 4. Mailing List 5. Reply Form Totals 6. Minutes of Planning and Zoning Commission meeting of June 25, 1986 1600a c. is .p" eF - ~ T4Z i r is ~ ! ' . £ .~L✓.. fir/ µ ` ~ ; t~ i i 1-re, c MF P = D t I + 1 f .t ..i f I SF.T. ems' i; P"4 i A , j c or D- ~q M I I 1 i C A 0 14 0 t a. d + SF-10 _._`..r S-126 PLC - ij I I i i PD60 L I i ` I _ : , Imo- #1 1 :j F l -to Y Sf-!0 s 1 411 i COMM\`~ COMM. CONCRPT PLAN O GARCEN OFFICE OSIVELOPMENT y CFA. MILL OUOO ' i i 1t ~ 4 1 at y~ i b rr t ~~aer i y , a' , w t r if / - \ r1 T W-1 SF-SO • ~ r ►~y~`~y 11 ,~--~i ~/ice Mal IND h ' MM7 IR Y "#Wr*IiY MMMR PLAN CONCRPT PLAN O OAF100 A C wkuiCM ONVELOPMENT COL W" WOO "VISED t 6/11/86 L86-0187.PD Cudd Gordon Office 10 Statemeat of latent A. To develop a garden office subdivisioa in compatibility with the surrounding area and permitted use under Office district. B. Development and marketing to coincide with established and future market demand. Construction to be accomplished by phasing. 2. Relation to Comoro! enaila_n The proposed district is designated as a low intensity area by the City of Denton Development Guide. Garden office use as proposed has been permitted in these districts. 3. A ea e 18.24 acres 4. -Umd U es A. Existing land use - agricultural, pasture - 18.24 acres B. Proposed land use - garden office - 18.24 acres 5. Off-Site Information As shown on the Concept Plan 6. Traffic and Transportation As shown on the Concept Plan A. Projected amount of traffic - 4,741 V.T.D. B. Parking requiremew, as permitted by ordinance in office district . ~-IA .mss ~S {n `y._, ,v. 1 #1~,. r. a la 'S yjA* COece/t p1M r r.t iY dwift _ Sd-looE t -steed Ord, 24"fest i 1/2 story sf +~o~Mr er ti. Cowr naa Ca' Miaf*s % lalldl% sotbWAS t Freat yard - 13 feet Periester - 30 feet De Maxlwm total gross floor areas 357,540 S.F., e45 to 1 P.A.R. 80 Residential Su iviaions N.A. 9. Water and Dr„ainal e As shown on Concept Plan 100 Utilities As shown on Concept Plan lie Trees As shown on Concept Plan. There are no existing trees three inches in diameter or greater on site. 12. Open S - 202 private use as shown on Concept Plan 13. Screening As shown on the Concept Plan, 6-foot privacy fence along north property line 7- 17 ~7 d• 41 ee K A• ~ ~W,* 'rtart of coastructiont 1987 tod` pbasing as abo s oa the Concept Plan according to "h must deaands Phase I 1987-1989 Detailed Site Plan. June 1987 Phase II 19994"1 Detailed Site Plan. Jane 1989 Pb&" III 1991-1993. Detailed Site Plan. June 1991 Phase IV 1993-1995 Detailed Site Plan. June 1993 Phase V 1995-1997 Detailed Site Plan. Juno 1995 ..x:15 a f: t a^ •9."aA s'R'['R) air r"l'''rt`_ 1 1 r ; 't$14i Y. i UNDECIDED Milton 2908• Mi:tyMgoa,;; Denton, . Roja Rahani 2708 Mistywood Denton, TX Monique Cummings 2720 Mistywood Denton, TX Bert Moore 623 Woodland Denton, TX Crystal Rock Ice Co, i 2602, Rockwood ' Denton, TX George Schneider 2809 W. University Denton, TX Thompson Properties Inc, 2491 E. University Denton, TX Pat Dieter. 2738 Mistywood Denton, TX Kathleen Collins 2808 Mistywood Denton, TX Jeff Culver 2812 Mistywood Denton, TX Lionel Griffin 2904 Mistywood Denton, TX Van Johnson 2900 Mistywood Denton, TX Hayden Fry Athletic Dept University of Iowa Iowa City, Iowa Ml wlell"*111~~' I~ ~Y1 ; w f r µ X • ~1 ~k,r.ri r i it e" t Itic j ' r a 41 Oo 694a- t o CXS~a C~ .7 eo ~.R r ir-A 0 r rr 5 /l~enpe._ a v r milli l _d)N~[117Sh.. 60 o c. 3cd c W.Z~hl 071 Oteoo Dva 7X Do IPAcIA dA `?Ord r L© n bo `7~ ~o/ Air t~,.. ' z rl rj k' z.',$ i1'. .r,.-4' ':q. . ~ w *3y".~ ,1 .~r.. `.'.r,* (s kk s. ~ *4 f y f I OI 300 nr oa ~ ~ o r5oa b -~--~L ~ 6f ~?Op 'w ~ rBdo 21 r ~`aD P i Z Minutes June 25, 1984 Page 12 access point is located on Loop 2S111, a primary major arterial. She said that staff recommends approval of Z-1813 and the detailed site plan with the conditions of the original planned development, Mr. Claiborne asked if the access for the apartments is public or private. Ms. Spivey said private. Mr. Claiborne asked about signslization in this aria. Ms. Spivey said the intersection of Audra Lane and Loop 288 will possibly be signalized In the future. Mr. Holt stated this property has been zoned office and commercial for over six years and stated that he is will- ing to make the gamble that nothing ever develops if left as it now exists. He said that it is the trade-off that bothers him because it is 272 units over the concentration policy. Mr. Claiborne said that the trade-off is cumulative zoning for a planned development. Ms. Spivey stated that based on the ordinance eliminating cumulative zoning a multi-family use could be built on the commercial and office zoning until UecembQr 1988. She said that a planned development gives the staff the opportunity to have a plan so that landscaping, parking, etc. can be regulated and required. Mr. Holt asked if this is not approved because of cumula- tive zoning could they still build the 472 units! Ms. Spivey said yes. KEBUTTAL: Mr. Edwards stated that the driveways are in- tendeed~£or joint access. Chair declared the public hearing closed. DECISION: Mr. Claiborne stated that cumulative zoning is TWee"cT'ty's worst enemy. He moved to recommend approval of Z-1813. Seconded by Mr. Juren. Mr.. F.scue asked if the commercial tract ad;acenr to the request could be developed as residential. Ms. Larson said yes. Vote was called and motion carried (3-1). Mr. bscue voted no. F. Z-1814. Fe;ition of Dr. Bill Budd requesting a change In coning from the s nggle family (SF-10) district to the planned development (PD) classification on on 18.24 acre tract located at the northeast corner of U.S. highway 380 and Uld North Road, The aroperty is further described as a tract in the Caswell Carter Survey, Abstract 275, and the R. B. Longbotto• Survey, Abstract 775. If the planned development Is approved, it will permit the development of an office park. 'twenty notices were mailed to propety owners within 200 feet; thirteen reply forms were received in favor; two reply forms were received in opposition. PSTIT'IONBRt Or. Bill Cudd stated that he has worked c oi y with the neighbors on the garden office land use. He said that the purpose of this petition is expressly for professional office use. He said that they noped by creat- ing office use in this aria such problems as traffic and drainage could be ad- dressed effectively. He said that the proposal is very residential in character. P 6 Z Minutes June 25, 1986 Page 13 • Rog;r Barratt, Metroplox 8n ineering Corporstioa stated that they are proposing a s x foot screening wall on the northern boundary of the property, He said that they have a 30 foot landscape and drainage easement to help eliminate drainage problems that already exist for the property own- ers to the north. He said that they have lar a setbacks to address all sides of the proposal. He sail that they have a connecting road from Min o to Old North Roar! with no parking permitted to allevi• a traffic congestion. He said that the proposed two story buildings will be built to a certain point at the front of the property and the rest will be one and cne-half story buildin s. He said that it is very residential in nature and s milar to a SP-10 type subdivision. Mr. Claiborne asked if the street is a public dedicated street. Mr. Barrett said that interior streets such as this are maintained by the builders. Mr. Holt asked if all possible land uses were discussed at the meetings with the neighbors to the north. Mr. Barrett stated that the neighbors were asked to create a plan that would be suitable. IN PAYUR; Sam Rosson, 2516 Freedom Lane, stated that he is in Eavor of the project as long as the drainage problem is corrected on Mistywood which is directly behind the pro- posal. He said that he believed this project will bring the property values up, be well constructed and maintained, and have a quality appearance. He said that a positive as- pect about the proposal is that there will be lots of trees and landscaping and a common organization for maintenance. He said that he would like all office type uses not retail. He added that the city or the state needed to improve University and old North Road. Mr. Clark stated that the city is working on the problem with the funds that were allocated for traffic signals. He explained that some funding problems have arisen with the Highway 380 bonds that were moved in 1985. Mr. Rosson stated that the schools are nappy to hear that there will be no additional nousing, tie said that he had a petition of thirteen homeowners that are in favor on Mistywood. He said that they had a committee of block captains for the area north of the proposal, He asked for the block captains in favor of tnis proposal to stand. Approximately 7 people stood up. Tony Lewis, 2516 Poxcroft, stated that he is in favor acd has missed only one of the meetings that were held with Dr. Cudd. He said that he wanted no rentr.l units in this area. He stated that he had a petition of eleven home- owners that are in favor on Poxcroft, Mr. Holt asked if he objected to single family on this property. Mr. Lewis said no if it is feasible. Jean Akin, 1116 Mill Pond, stated that he Clad a petition with twelve families in favor and one that would make no commitment. He said that he would prefer single family but this is the best proposal that has been brought to them. Kathe Ulatoski, 2517 Emerson, stated that this is a feasible and viable solution. She said that this is a difficult piece of property to sell. She said that the majority of the neighborhood is in favor of the proposal. She said that silo is a mother and homemaker and wanted no more single family or multi-family to overload the schools. 0 i Minutes boll Gorton, 2414 Emerson, stated that he is in favor of the garden office space. Mr. Holt asked if it bothared aim that they would be set- ting a precedent. Mr. Gorton stated that he would take this over multi-family. Tom Collins, 2808 Mistywood, stated that none of them can obtain federal funding for flooding. He said that there will be low density after 5 o'clock and weekends. He said that Mistywood is opposed to single family. OPPOSED: Barbara !toss, 2728 Mlstywood, stated that she had~ann~$18,000 swimming pool and did not want an office building overlooking her backyard. She added that she was not contacted by any of these people in favor. She wanted to know if the 20 foot utility easement would be given back to the property owner. Mr. Clark said yes. Ms. Ross stated that she was not crazy about a six foot screening fence. She said that the road through the proposal is private and not public. She said that she would prefer single family oYer anything else. STAFF REPORT: Ms. Spivey stated that this property is locatedin a low i,tt:nsity area which is designated pri- marily for residentisi land use;ten ARproval of this request will not violate the intensity dard for the area due to the large amount of undeveloped property in the area. She said that Development Guide policies limit office con- centrations In low intensity areas to four acres in size and these projects are to be separated from other concen- trations by at least one-half mile in distance. The cur- rent request contains eighteen acres of office land use and approval of this request will lead to a gross violation of this policy. She said that a six-foot solid screening fence is shown on the northern property line to visually screen this project from the adjacent single family homes to the north. A thirty-foot landscaped setback/drainage easement is also provided on the northern edge of the prop- erty and no buildings are located in this easement. She said that the developer has conducted a series of meetings with neighborhood representatives and appears to have in- corporated their suggestions into the design of the pro- ject. As always, it is difficult for staff to ascertain the degree of input solicited or received when not directly involved with the negotiations. She said that staff recom- mends denial of Z-1814 due to the violation of the office concentration policy for low intensity areas. She said that if the Planning and Zoning Commission is inclined to approve this request, staff recommends conditions. REBUTTAL: Dr. Cudd stated that they intended that their private road be used for public access. He apologized that Ms. Ross was not notified. He said that this pro- posal is similar to a SF-10 type design. He said that this proposal is a combined efF.ort between the neighbors and developers. Chair declared public hearing closed. DECISION: Mr. Claiborne stated that this proposal sounded like a unique concept. He said that the main selling point is the drainage. He added that he had mixed amotlonm. Mr. Holt stated that his initial 'hought was for opposi- tion. He said that he was impressed with the neighborhood and individual organization. He said that his big concern is the intensity. P 4 Z minutes June 2S, 1986 Page 1S Mr.&Claiborne moved to recommend approval of 2-1814 subject to the following conditions% 1. Land uses permitted in the planned development shall be the following uses permitted in the office District of the Zoning Ordinance, Appendix B, of the Code of Ordinancest Office - professional and administrative. 2. A detailed plan shall be submitted consistent with the concept plan, development schedule, and development standards. 3. The six-foot solid screening fence on the northern boundary of the property must be erected prior to the issuance of building permits for the project. 4. The detailed site plan submittal must include architectural elevations to ensure that the proposed office buildings are physically compatible with the single family dwellings adjacent and north of the project. 5. General Development Plan as outlined in the Subdivision and Land Development Regulations must be submitted with the first detailed plan. Motion dieo for lack of a second. Mr. Holt stated that his objection to the proposal would be less with fewer buildings. Mr. Slscus moved to recommend dental of L-1814, Seconded by Mr. Holt. Mr. Escue stated that he sympathized with the neighborhood but that this is too gross a violation of the policy, Vote was called and motion carried (3-1). Hr. Claiborne voted no. G. 2-1815. Petition of Mel R. Lacquesent requesting a change in toning from the agricultural (A) district to the planned development (PD) classification on a 412.12 acre tract in the Thomas Toby Survey, Abstract 128d, The property is located on the west side of FM 6164 approximately 1,850 feet north of Hercules Lane. If approved, the planned development will permit the following land uses; Tract I - Townhouses - 21.50 acres, 215 total units, with a density of 10 units per acre Townhouses - 14.71 acres, 147 total units, with a density of 10 units per acre Townhouses - 21.17 acres, 211 total units, with a density of lU units per acre Neighborhood Service - 2.77 acres Tract II - Single Family (zero lot line) - 33.64 acres, 169 total lots, with a density of 5 units per acre Office - 19.01 acres Tract ill - General Retail - 20.74 acres Multi-Family - 30.94 acres, o18 total units, kith a density of 20 units per acre Townhouses - 12.96 acres, 129 total units, with a density of 10 units per acre Tract 1V - Townhouses - 22.48 acres, 179 total units, with a density of d units per acre General Retail - 7.88 acres Tract V - JIulti-Family - 18.16 acres, 292 total units, with a density of 16 units per acre Single Family (zero lot line) - 43.88 acres 219 total lots, with a density of S units per acre DATI 08/05/86 CI gnCIL ARM FO= TO Mayor and Mes:bers of the City Council FROM: Lloyd Harrell, City !tanager SUWRCT' Z-1813 $AQ/1TION : The Planning and Zoning Cossrission considered this it** at its June 25, 1986 sooting and trade no reocamendation. am=- A 412.12 sore tract located on the :root side of PH 2164 approximately 1,850 toot north of Hercules Lane. The request is located in a moderate and low intensity area according to City policies. The planned development includes townhouses, single family, multi-family, neighborhood service, office, retail and open space. BACKMVKD : The Planning and Zoning Comission has denied two previous requests on this property. It this request is approved, the intensity in the low and moderate area will be at oapst.lty, PROOM D%PARTMRNTB OR GROUPS AFFICUD: Four property owners within 200 feet were notified. All departments involved in the development process will be affected. FISCAL IMPACT: No impact cc.n be determined at this time. yully s b itted, Lloy Harrell Prepared by: City Manager Cocile Carson Urban Planner App ved: Jeff Dirocto o P1 ng and Dovolopment 1456s PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: Z-1813 Meeting Date: August 5, 1986 GENERAL INFORMATION Applicant: Met Lacquement 2007 E. Lamar Arlington, TX 76006 Status of Applicant: Consultant ana Agent Requested Action: A change in zoning from the agricultural (A) to the planned development (PD) classification. If approved the planned development-will permit the following land uses: Tract I - Townhouses - 21.50 acres, 215 total units, with a density of 10 units per acre Townhouses, 14.71 acres, 147 total units, with a density of 10 unite per acre Townhouses - 21.17 acres, 211 total units, with a density of 10 units per acre Neighborhood Service - 2.77 acres Tract II - Single Family (zero lot line) - 33.64 acres, 168 total lots, with a density of 5 units per acre Office - 19.01 acres Tract III - General Retail - 20.74 acres Multi-Family - 30.94 acres, 618 total units, with a density of 20 units per acre Townhouses - 12.96 acres, 129 total units, with a density of 10 units per acre " X51 _ _ - .17 4 e 7 771 (Case Z-1815) Page Two GENERAL INFORMATION (continued) Tract IV - Townhouses - 22.48 acres, 179 total units, with a density of 8 units per acre General Retail - 7.88 acres Tract V - Multi-Family - 18.26 acres, 292 total units, with a density of 16 units per acre Single Family (zero lot line) - 43.88 acres 219 total lots, with a density of 5 units per acre Single Family (7,500 square foot lots) - 68.16 acres, 259 total lots, with a density of 3.8 units per acre Single Family (10,000 square foot lots) - 29.51 acres, 88 total lots, with a density of 3 units per acre Neighborhood Service - 3.01 acres Open Space (detention) - 13.31 acres Location and Size: Approximately 412.12 acres in the Thomas Toby Survey, Abstract 1288 located on the west side of FM 2164 approximately 1,850 feet north of Hercules Lane. Surrounding Land Use and Zoning: North - Agricultural; outside City limits South - Single family, multi-family (SF-16, MF-l, PD-80 PD-63) East - Agricultural) residential (PD-72, SF-10)j retail West - Agricultural; light industrial Denton Development Guide: Low intensity with a moderate intensity node at FM 2164 and proposed Loop 288 intersection. (case 2-1815) Page Three SPECIAL INFORMATION Transportation: Loop 288 is a primary major arterial. As part of the overall thoroughfare planning in the area staff has proposed a collector along the eastern boundary of the light industrial zoning; however, a secondary major arterial may be necessary because of uses proposed in this request. The City will not participate in any interior collectors and arterials. A traffic study was provided at the commission meeting and conditions have been added concerning traffic. All roads connecting to the arterials should have 1/3 mile spacings. The north road should be realigned to meet this requirement and the realignment could alter the design of the site plan. The traffic consultant for the project and the planner were notified about the changes prior to the Commission meeting but the revised plan was submitted after the meeting, The Stato Highway Department has not accepted the proposal for an interchange or overpass along the western boundary of this project or at the internal collector. Utilities: Gas, electricity, and phone service is available. A 16" water line is located in Riney Road and a 12" water line is located on FM 2164, According to the Master Plan for the City of Denton a 16" water line should be installed on the four extension .ides of this proposal. A 20" water line must, be extended from the 12" line to the north pcoperty line including encasement under Loop 268 and a line must be extend9a along Loop 288 from FM 2164 to the western boundary of the project. Sanitary sewer lines are inadequate. An 18" line must be extended approximately 6,000 feet east to the existing Cooper Creek relief line. Drainage: Detention may be necessary and improvements to existing channels. (Cale Z~-1815) page Four HISTORY A 19.6 acre piece of this property was annexed by the City of Denton on January 7, 1986. The Planning and Zoning Commission recommended denial of a request on this property at its January 22, 1986 meeting. The following land uses were proposed: Light industrial 188 Nonresidential 488 Commercial 108 Single family 218 General Retail 118 Multi-family 198 Neighborhood Service 1% Open Space 38 Office 88 Right of Way 98 Multi-family 128 Tb8 Multi-family (MF-2) 78 Single Family (7500) 218 Open Space 38 Right of Way 9% T,% The Planning and Zoning commission recommended denial of another request on this property at its March 26, 1986 meeting. The following land uses were proposed: Light Industrial 148 Nonresidential 478 Commercial 138 Single family 309 General Retail 118 Multi-family 118 Neighborhood Service 19 Open Space 28 Office 88 Right of Way 108 Multi-family 38 Multi-family (MF-1) 88 Single family (6,000) 98 Single Family (7,500) 218 Open Space 28 Right of Way 0% (Case Z-1815) Page Five STATISTICAL ANALYSIS Proposed Land Use General Retail .7% Nonresidential 138 Neighborhood service 18 Single family 418 Office 54% Multi-family 128 Multi-family 128 Townhouses 248 Townhouses 248 Open Space 38 Single family(Zero lot 188 Right-of-way 78 lines Single family (7$00) 168 Single family (10,000) 78 Open Space 38 Right-of -Way 78 ANALYSIS Planned developments allow for flexibility in planning for the owners of the property as well as for the City. A planned development offers the benefit of land uses and designs not permitted under existing ordinances but should also provide amenities, open space and other planning items to create a unit. The following Development Guide policies and planning considerations were used in analyzing this request: I. 'Intensity - This property is located in a low intensity area as designated by the Denton Development Guide, and in a moderate node located at the intersection of Loop 288 and PM 2164. A. Moderate Intensity Area - The purpose of a moderate area, according to the Development Guide, is to encourage balanced City-wide growth and to insure the long range land use balance indicated by the City's plan. These areas are limited in size to 30 acresl however, if diversified land uses are proposed the area may be expanded to 250 acres. The Guide states that when these centers are specialized they should be limited to the 30 acre size. The proposed site plan shows approximately 20.74 acres of general retail and 19.01 acres of office on the west side of the intersection. While this center is extremely concentrated at the intersection, two additional sections adjacent to the office and general retail do o r; is (case Z-1815) Page Six ANALYSIS (Continued) provide diversity to the moderate area. A 33.64 acre zero lot line area and a 30.94 acre multi-family area (total units 618) provides diversity necessary to expand a moderate area. The moderate area would be expanded to 119.33 acres if this proposal is approved and would include 14.16 acres of agricultural zoning and a .84 general retail tract approved in 1984. The area would be 3% under the standard and even if expanded to 250 acres the remainder must be predominately residential not to violate the standard. B. Low Intensity Area - Most of this property is located in a low intensity area that includes a variety of land uses including single family (SF-16 and SF-7), duplexes, multi-family and small amount of commercial and general retail zoning. The primary purpose of these low intensity areas is to insure the overall area land use balance by controlling the overall density and intensity in an area. Therefore, these areas should emphasize residential use and represent our primary housing areas. The low intensity area is approximately 641.97 acres and has a trip generation standard of 48,147.75 tripe per day. The part of this proposal in the low intensity area would generate 26,117.36 trips and in combination with existing land use and zoning in the area would use all the intensity standard for the area. While this proposal would not violate the standard it is an example of first come, first serve zoning that uses all the intensity in an area. In addition 240.87 acres or 37% of the area is zoned agricultural. Any other zoning request in this area on the agricultural zoned property will violate the standard. II. Apartment Concentration The apartment concentration policy of the Development Guide states that in low intensity areas the number of units is limited to 200 and must be separated from other high density housing by 1/2 mile. In a moderate area the limit is 750 units separated by 1/2 mile from another concentration. 71 (Case Z-1815) Page Seven ANALYSIS (continued) This proposal includes 618 units in tho moderate intensity area which does not violate policy and 292 units which does violate the concentration in a low intensity area. The proposal does not violate the separation requirements. III• Retail, Commercial, Office, and Industrial Concentratioi; The concentration policy of the Development,a. Guide concerning retail, commercial, office, and industrial concentration in low intensity areas states that the size is limited to 4 acres and must be separated by 1/2 mile. This proposal includes a 7.88 acre parcel for retail along the western boundary. While this area in acreage violates the policy, because of the utility easement the buildable area is slightly over 4 acres. IV. Housing Diversity Diversified housing patterns should be well planned to insure that neighborhood integrity is established and maintained. No one type of housing should be overly concentrated in one area and good site design transition between housing types and density should be provided through buffering and gradation. Considering the size of the project, the location in a low intensity area, and the adjacent land use and zoning, additional diversified land use could be provided in this project. The proposal includes 98.6 acres of townhouses which does not violate concentration policies because the density is approximately 10 units per acre, However, it is an excessiVe amount~,of this one type of housing unit. V. Open Space This proposal includes 13.31 acres of open space along a drainage easement in the southern section of the proposal. Based on the percentage of one acre for each 100 dwelling units, 13.93 acres of open space would be necessary. A part of this park area will be used for detention. (case 2-1615y Page Eight CONCLUSION The petition inoludee several good areas especially the zero lot line housing on Loop 268 and the single family 7,500, 10,000 and zero lot line housing in the southern section. Except for the violation in the miilti-family concentration and retail concentration, the section of the Low intensity area south of Loop 288 is well planned. The petition includes a limited floor area ratio in the general tetail and office areas which actually limits the size of development in the parcel. The main problem area is the concentration of townhouset at 10 units per acre. one of the requests had included a moderate area along the western boundary that included approximately 700 apartments, 10 acres of office, and 8 acres of retail. Because the property is adjacent to an establishe6 high intensity area established in the Development Guide, the staff informed the petitioner that the staff would not support a moderate intensity area at this location. The petitioner was informed that the Planning and Zoning Commission could recommend a change in policy and the Council could adopt a change in policy at this location but that this process mightt take six to eight weeks to complete. The plan was revised to its current status to eliminate the moderate area and not violate additional low intensity policies. The proposal technically violates thy: multi-family and retail concentration policies. The Planning and Zoning Commission considered several conditions when discussing this request at their June 25, 1986 meeting; but the Commission made no recommendation. The Commission discussed reducing the multi-family along the western boundary to a maximum 200 units, reducing the multi-family in the moderate area to 18 units per acre and terminating the road along northern boundary at general retail area. The revised proposal is included in the submittal. Vie Commission also discussed the effect this request would have on other requests in the intensity area. Staff stated that this proposal would use all the intensity in the area and staff could only recommend single family zoning on the remaining 240 acres. However, staff indicated that even single family zoning would violate the standard if this proposal is approved. The petitioner has submitted a revised proposal reflecting the changes discussed by the Commission. The revised proposal is included in the attachments, The Commission also considered changes in the townhouse area at 10 units per acre north of the Loop but reached no conclusion on any changes. _ i (Case 2-1815) Page Nine RkCOMMENDATION The Planning and Zoning Commission made no recommendation on the case. If it is the City Council's decision to approve this request, the staff suggests that the following conditions be added to the revised concept plan: 1, Land uses in general retail areas shall be all uses per- mitted in thr, general retail district in Article 7, Section H - Retail Service Type Uses, and the following additional uses: ac,.sement, commercial (indoor), theater - other than drive-in type, gasoline service station, new auto parts sales stores, roller and ice skating rink, and auto laundry. 2. All screening and fences must be shown and approved on the detailed plans. 3. The following transportation improvements are required. The plans for the improvements must be submitted with the first plat for any part of the phase. Impr.ovemonts required to be completed with Phase I: A. Construction of U.S. Highway 77 as a four lane divided arterial from west arterial to Orr Street. B. Construction of west arterial as a four lane divided arterial from U.S. Highway 77 to Loop 288. C. Construction of left-turn lanes and right turn lanes at west collector and U.S. Highway 77. (Exhibit I) D. Provide for installation of traffic signalization. Improvements required to be completed with Phase 11: A. Construction of FM 2164 as a four lane divided arterial from the Loop 288 to Orr Street. B. Construction of U.S. Highway 77 and FM 2164 intersection at Orr Street. (Exhibit II) C. Construction of left turn and right turn lanes at FM 2164 and Loop 288 on south side. (Exhibit III) i Case Z-1815) age Ten RBCOMMENDATION (Continued) D. Construction of diamond interchange to provide four-phase operation at FM 2164 and Loop 288 and provide for traffic signalization at intersection. B. Construction of right turn and left turn lanes at FM 2164 and internal collector and provide for signalization. (Exhibit IV) Improvements required to be completed with Phase III; A. Construction of west arterial as a four lane divided arterial from Loop 288 to the northern boundary line of this project. B. Construction of overpass at Loop 288 and west arterial. C. Construction of FM 2164 as a four lane divided arterial from Loop 288 to the northern boundary of this project. D. Construction of overpass at Loop 288 for internal co;lector. ATTACHMENTS 1. Location Map 2. Concept Plan as considered by Planning and Zoning Commission on June 25, 1986 3. Revised Concept Plan received on July 3, 1986 4. Reply Form Totals 5. Mailing List 6. Minutes of Planning and Zoning Commission meeting of Juno ZS, 1986. 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R#0dnnti al r See, Plan for restr)ctionl'460: ; g gen~ri'1e: dwe I open*nt'.'ph*n aaipprox I - mate layout, 91 Water and Drainage: No 100 year flood plaii'no See Plan, 104 Utilities Most Will be per City requirements pending final design. See Attached Plan It, Treesr None. 12. Open Spacer 12.721 acres dedicated parK. Nine acres allocated open space easement. 13. Screenings Per City requirements at site plan submittal. 14. Development Scheduler Proposed schedule pending marketing and economicsr PHASE 11 1986 - 1988 -Detai 1 Plan Tract V JLY - 93 PHASE 21 15,97 - 1990 -De t a i I P1 an Tract III ' JLY - 88 Tract IV PHASE 31 1989 - 1992-Detall Plan Tract 11 JLY - 99 PHASE 41 1991-1994 -Detail Plan Tract I JLY - 01 Development Standards - June 25, 1'986 1 O P P O ~r i P O ~L Z w ~ . .YYYI ~Is 1 .W 1 ~J 1 ray i MWA IM" rr fty t ,t,, , Q w+auriwr.r we goo" mm Pa orrr w 10lipf PW.ANAIr AW w. 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MM •Aw•rM M Yw NM /Nyw Ar• { `I♦ '•.1 yy f I YMriwl •w.W~ •/♦MM~IYnM•Y~rjryr~/r~~Mrrrw .VM• y r i ~•~~rlM~rr .rr_.~f ~r~. ~,y. n.11 M w r M ~ ~ • ~t pi►O ( a ..w n il'7•rIF' ~,wrwrw lo~ r ~r • ' i M OTI O QrY M/1rM MVmr•MI lloot ♦ .r r C44 01140" am "m J: N MOON! PU%MED DENEUVMW Comm" IV 10 "TH lip 41L12 /~aiKLi P°'" ~D REVISED SWINNEY/ TEBO INTERESTS 4 rr ol~ r , r ru. f r rf r 1 l~~~l~ ' "rt tir•~Hkn-gy~~U+.'l1 1f! .~,~~~1~7 Y'r'M y, Amite V r '~t r++},ti > ' ,ttW t j TOW r ~ of low, ~irtarke t thi i sr ' „,~rt~ ~ t ! "~r., y2`7t., ti.3iCf !Yy 5I AJi I„~fir )ly td dove1 r • I1 k + t n i rl` y, ``+r'jt.a~.s M! h►!'t11► 'a' b~ 51i r~IfiS.t 9. ~i ..'dt Ss ~t 5 /AS'MtiYrt 1 5 !if 9;j v, tale awe t", 1 de' In y~~ bY' increasing ♦3'ti r , 5 9eSi~r`//{. d'f: .fir tI the ..t./MRr*t i at. Lo" 299 ~nd r rM i ! . 144and Crd s>toderat* r at L04 x90. N 'Blest side. These . Chan$$~4 are, this,; t& the r is ,t.5 ,t,»'s 9ai'fd~,>t1~♦';4.:u s`;; Ios canf 'a IOuoNr.'•k:s}F';:tonslrnl~s ;N,fit , ~,,A;l. , dsvfr,! I opssen` traitsF and transItion:lPo~ surrounding uses. t1r2 ~'•jl'/"1i it iS<~'i} i :r: f - , jS. :r . The total acreage is 412.17 including Loop 290f divided Into six tracts. 4. Land Uses s fee PI an . S. Off Site Informations fee Plan* f 6• Y'rafflcs fee Plan. 70 Buildings fee Plan for general development plan for approximate building locations. 96 Residentlals See Plan for restrlctionsl lee general development plan for approxi- mate layout. 94 Water and Drainages No 100 year flood plains See Plan. 100 Utilitless Will be per City requlrenseots pending fioal design. pee Attached Ofan 11, Treesi None, 12. Open Spaces 13.721 acres dedicated park. Nine acres allocated open space easement. 13, Screenings Per City requirements at site plan submittal. t la. Development Schedules Proposed schedule pending marketing and economicst PHASE It 1956 -i lp" .petal I Plan Tract `"JLY - Of PHASE 21 1997 - 1990 Fif t°at' r Pro Tract III JLY' - N ,Tract IV PHASE 3s' im - I9 Hhttail Plan Tract II JLY - ft PHASE 4t 1991-x914 I-Oetall ast Tract I ; JLY . ~r Development Standards - July 3, 1906 PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1815 IN FAVOR IN OPPOSITION UNDECIDED Bob E. Tripp None Received 6634 Chevy Chase Dallas, TX 75225 i T 1 K eri ;'.,i ,~11 ow'ry~rT1~ - i 1 ' .,illt ' f t r •r1 ~•I Y t r ~r. ti'd1 r . ~ Ir+ r j r r4{ ~'l~dw l•.;r i{l it Y~~ tY ~ Nj•r,'~(•iSi~l~! ~F'tr^I ri P e'1. '11 rr ff .I! 't rf r 4{~' , F-Tgipp ~r• .fr F i Z Minutes June 25, 1vS6 Page 15 Mr, Claiborne moved to recommend approval of Z-1814 subject to the following conditions: 1. Land uses permitted in the planned development shall be the following uses permitted in the Uffice District of the Zoning ordinance, Appendix 8, of the Code of Ordinances: Uffice - professional and administrative. 2. A detailed plan shall be submitted consistent with the • concept plan, development schedule, and development standards. 3. The six-foot solid screening fence on the northern boundary of the property must be erected prior to the issuance of building permits for the project. 4. The detailed site plan submittal must include architectural elevations to ensure that the proposed office buildings are physically compatible with the single family dwellings adjacent and north of the project. S. General Development Plan as outlined in the Subdivision and Land Development Re ulations must be submitted with the first detailed plan, Motion dies for lack of a second. Mr. Holt stated that his objection to the proposal would be less with fewer buildings. Mr. kiscue moved to recommend denial of 4-1814. Seconded by Mr. Holt. Mr. Hscue stated that he sympathized with the neighborhood but that this 1s too gross a violation of the policy. Vote was called and motion carried (3-1). Mr. Claiborne voted no. G. x815, Petition of Mel K. Lacquement requesting a change In zo Ring from the agricultural (A) district to the planned development (PD) classification on a 412.12 acre tract in the Thomas Toby Survey, Abstract 1288. The property Is located on the west side of FM 2164 approximately 1,85U feet north of Kercules Lane. If approved, the planned development will Fsrmit the following land uses: Tract 1 - Townhouses - 21.50 acres, 215 total units, with a density of 10 units per acre Townhouses - 14.71 acres, 147 total units, with a density of 10 units per acre Townhouses - 21,17 acres, 211 total units, with a density of l0 units per acre Neighborhood Service - 2.77 acres Tract 11 - Single Family (zero lot line) - 33.64 acres, 168 total lots, with a density of 5 units per acre Office - 19.U1 acres Tract III - General Retail - 20,74 acres Multi-Family - 3U.94 acres, bl8 total units, with a density of 2U units per acre Townhouses - 11.9b acres, 129 total units, with a density of 10 units per acre Tract IV - Townhouses - 22,48 acres 179 total units, with a density of 8 units per acre General Retail - 7.88 acres Tract V Multi-Family - 18.26 acres, 292 total units, with a density of 16 units per acre Single Family (zero lot line) - 43.88 acres 219 total lots, with a density of S units per acre F 4 2 Minutes June 25, 1986 Page 16 Single Family (7,5UU square foot lots) 68,16 acres, 259 total lots, with a density of 3,8 units per acre Single Family (IU,UOO square foot lots) 19.51 acres, 88 total lots, with a density of 3 units per acre Neignborhood Service - 3.U1 acres open Space (detention) - 13.31 acres Four notices were mailed to property owners within 2UU feet; no reply forms were received in favor or opposition. PETITIUNflt: Mel Lacquement, representing Swinney/Tebo Interest-s, stated that they have worked with staff for many months on this proposal. He said that 1S4 of the property is allocated to easements for the Loop, electric lines and open space. He said that the staff concern about the collector street on the north is valid in tnat it is not separated by one-third of a mile from a major intersection. He said that his concern is for the safety of the neighborhood. He said that the project is under the intensity and would create 89 trips per day. tie said that they have 7,88 acres of general retail but that only 4,02 acres are developable. lie said that the multi-family near the TI property has been reduced to 16 units per acre. lie said that they could incorporate townhouses in this area but that they feel it is not a good transition. He said that staff has recommended expanding the moderate node to approximately 170 acres. He said that their project has used up approximately IUS acres. He said that they have worked long ano hard with the city and believe this project Is viable and economically feasible. Mr. Holt asked for the units per acre in the low intensity area, Mr. Lacquement said that it is 5,79 units per acre. IN FAVOR: Bob Tripp, owner of 59 acres to the east, state chat he had no financial interest in the property being requested for zoning. He said that this area is important to the orderly development of the city. He said the developer can provide ttte needed utilities and streets and assure orderly development In north Ueu~on. He said If denied, it would retard development in this area, Floyd Gaston, who resides at 2800 Bolivar and Is pastor of North Elm Baptist Church, stated that ne is interested in the development of this area, tie said that they are seri- ously considering building a new church in this area. tie said that it Is the consensus of the church that this is a good plan. He said that this area needs to be developed and there is a chance for good quality homes. OPPOSED: None present. STAFF ni,owr: Ms, Carson stated that this property Is lo- catteeinn a low intensity area as designated by the Denton Development Guide and in a moderate node located at the intersection of Loop 288 and FM 1164. She said that the moderate area would be expanded to 119.33 acres if this proposal is approved and would include 14,16 acres of agricultural zoning and 1 ,84 general retail tract ap- proved in 1984. She said that the areas would be 34 under approximmately 642eacres andtthat 371 otg tensity area toned agricultural and would have to be zoned single-family on 10,000 square feet or larger lots not to violate the Intensity standard. She said that this proposal includes 618 multi-family units in the moderate intensity area which does not violate the apartment concentration policy and 292 units which does violate the concentration In a p 6 Z Minutes June 25, 1986 Page 17 low intensity area. She said that this proposal includes a 7.88 acre parcel for retail along the western boundary. While this area in acreage violates the policy because of the utility easement the buildable area is slightly over the policy. She said that no one type of housing should be overly concentrated in one area and good site design transition between housing types and density should be provided through buffering and gradation. She said that this proposal includes 98.6 acres of townhouses, which because the density is approximately 10 units per acre, does not violate multi-family concentration policies; but is an excessive amount of this one type of housing. She said that the low intensity area south of Loop 288 is well planned. She said that staff has a problem with the con- centration of townhouses at 10 units per acre. She said that the proposal technically violates the multi-family and retail concentration policies, She added that staff would not support a moderate intensity area at the Loop amt the arterial on the western boundary and this was the reason why the area was proposed for townhouses. She said that staff is unable to recommend approval of Z-1815. Mr. Holt asked if this reques% is approved would the other property owners in the area be locked into developing Sr'-10 or abovo. Ms. Carson said that as far as intensity is concerned, yes. Mr. Holt stated that development is first come, first serve, Ms. Carson said that the staff is forced to fight every other request in an area wnen zoning is approved on a first come, first serve basis. REBUTTAL: Mr. Lacquoment stated that he recommended the Uomm ssTcn consider approval with his fiv9 conditions: 1) Collector street to the nortn can be terminated, 2) Retail be reduce to the 4.U2 acres without the easement, 3 Multi-family be reduced to 2U0 units in the low area, 4 Townhome area can be changed and 5) Multi-family can be reduced to 18 units per acre in the moderate area. Mr. Claiborne asked if there would be a problem in terminating the collector street. Mr. Lacquement said that he would not have a problem with terminating the street, Chair declared the public hearing closed. IIECISIUM: Mr. Claiborne stated that the majority of the mo ederare intensity node is taken up by this zoning re- quest. He said that the request merits consideration. He said that there ere diversified land uses in this proposal, Mr. Juren stated that lie had no problem with the general retail area. He said south of the general retail area he would like to see multi-family reduced to 2UU units. He said to let the future dictate the road and terminate it. He said that he hated to see first come, first serve zoning. Mr. Claiborne asked about a reductLon in the multi-family to the east. Mr. Juren agreed, Mr. Claiborne moved to recommend approval of 4-1815 with the following conditions: 1. Multi-family area in the moderate intensity node be restricted to 18 units per acre. 2. Multi-family concentration on west side b+; limited to 200 units. 3. Collector street along northern boundary of the property be terminated at the general retail site. P i Z Minutes .June 25, 1986 Page IS Seconded by Mr. Juren. Vote was called: Aye - Claiborne, Juren Nay - liscue, Holt Motion failed Mr. Holt moved to recommend approval with the conditions as outlined in the last motion and an additional condition that the area outside the moderate node be reduced to a density not to exceed 4.7 units per acre. Motlop dies for lack of a second. Mr. Claiborne stated that Z-1815 would be forwarded to the City Councit with no recommendation from the Planning and Zoning Commission. H. S-165. Pet).Iion of Harold Hoilgan requesting an amendment to ppecific use Permit No. 165. the property is a 39.3 acre tract in the Gideon Walker Survey, Abstract 133U, and located at the southeast corner of Mayhill Rozd and Edwards Road. The current zoning permitted the development of an existing 22S unit mobile home park. If approved, the amendment will permit the development of an additional 25 mobile home lots. Four uotlces were mailed to property owners within 2UU feet; no reply forms were received in favor or opposition. PETITIONER: Harold Holigan, owner of the property, stated tTia't f5rs site was once used as a dump. He said that it took several weeks to clean, He said that they have im- proved Edwards Road with this subdivision and have also fenced the project. He said that there is a Brazos elec- tric easement across the property which is to be eliminated and that they are requesting to put mobile homes in this area. He said that staff is concerned with the increase of the mobile home sites, dec'eased open space and the location of mobile homes in a tloodplain. He said that eight of the lots they want to put in will be in an area that FEMA has determined Is no longer a floodplain area. He said that this is a very good project. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson stated that on April 5, 1983, the City ouncil approved a request for a specific us(- permit for a 225 unit mobile home park at the southeast corner of Mayhill and Edwards Roads, On December 18, 19840 the City Council approved an amended site plan for the specific use permit. The new site plan improved street alignment within the park and relocated storage and recreation areas to more desirable sites, There is scat- tered, primarily single family development to the north and west. The addition of twenty-five (25) lots would not violate the intensity policy ror this low intensity area; however, the approval of additional lots will violate the concentration limit for mobile home units in low intensity areas. Denton Development Guide policies establish a con- centration limit of 200 units in one area. The existing park contains 225 units whien exceeds the limit lit itself without approval of additional lots. The specific use permit approved prior to the 200 unit policy being es- tablished. Several other mobile home parks and subdivi- sions are located in the area, She said that approval of additional units would clearly violate the mobile home concentration policy in a low intensity area. She said DATE: 8/5/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Hold a public hearing concerning the proposed annexation of approximately 132.64 acres of land being part of the G. Walker Survey, Abstract No. 1330, and part of the W. Durham Survey, Abstract No. 300, and beginning at a point approximately one mile south of F.M. 426 (East McKinney) and one and one-half miles north of I.H.-35E (A-37) RECOMMENDATIONt A Planning and Zoning Commission recommendation will be forwarded at a later date. SUMMARY: The property in this request is owned by the Corps of Engineers, and the annexation petition was precip.'tated by the need to have all land that will be affected by the proposeu major thoroughfare for proposed Lakeview Development annexed within the City of Denton. The Parks and Recreation Department requested annexation of additional property for their planning purporien. The City of Denton would be the Petitioner of this proposed annexationi. BACKGROUND: Not applicable. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Corps of Engineers, Miller of Texas, Inc. FISCAL IMPACT: Undetermined. Respe ully submitted: loyd Harrell Prepared by: City Manager David Ellison a*,- Senior Planner App U&40 Jeff Me Director of Planning and Development 1626a ii 7 • t, tl , 'i. i 5 l'^ a a t fi' j T? ly,. 4 1 i !tf 1 ! I p: t • ' `f1Yi. ltl~' , v.T~I,h ~►!(r I` f~ 'd iS.. y soe+i h ` to ei= ( ; t6►' ti#f +~il~ esk j~AtIoil +i r 1K. th hoq Y ~ safd ~ltlrl td„ " th~1',' . h sera ity olporaw s to 1 ` ~l6 1r •,l her ,.1 fi t ' ' yl I}I• i 7, ~1 r il{~•r } i i /ll qF rl ..i lV, ~ Y'.7' . ~ 1,i1 ! ?U4 14c, War kMill de l#i 10 1for of the Otr of Dentom, l'esas, on t der q~' ~ 1~86~1 ? O % r at 'clock t. as i IhuiicipseiIdiar':: of thi dltg of r 1 persons , 'isterested, iA 'the 'above pro sed atuai a 'ion. sti t oe i M I~ At and Dplace ai'1 such persons shalg Mavo the 'vib:t 'ta: as+" pad b~ heard. OU 611", said matters apd this ~ e lR p~ersos: i tetested in the tblats "and matters herein mentioned ' rill take notice,,. A Public Hearing will be held by aA%~b ef ore the City Council of the City of Denton, Texas, on the day of 1986, at 7:00 o'clock P. N, in the j ouncil C as e o t e Municipal 'Building of the of Denton, Texas, for a persons interested is the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard, Of all said matters and things, all persons interested in 'the things and matters herein mentioned, will take notice. ►fir' A~ R PRO TEM OF ABNTON TEXAS i 1 ATTEST: • ~i t a y a1 .r a'.. r r .r }i'~± .,Kr'iA 1 r`t t yJra jfll " J.il r ~~tir i~ r ):.1 - ..~4 )Yl r~~~,'~~~9. 'rj /f~'(_61~4.i tr r{'~f'.'f"`'1rt iA f -i )Bret ''(r S ..•~'(fYl l/!: r I .?.~'l. . ! I lot, tract or parcel at land lying . IN1kes' $urnay, Abstract 13390 and being Situated in the It ;?k :.aotoA Count ~s art of the M. Nth" survey, Y, .a.. s, and more particularly described as foilowst B/si33NIi110 at • point in the present city limits as ostablls 8503401 Tract 1, s414 hed-by Ocdinanoo lfutljq furveY, same being thenBastsboundaryiline oatethe ValkkociSurveythsaid point also being a U.S. Army Corps of Engineera Monument P-25o-Nt Too" South 89'° 05)' East along said present city limits passing at 1,116657 foot' the Southeast aaYner of said Tract 1, continuing for a total distance of 0.8. Army Corps of Engineers Monument P-251-Ni TItNMCt Southeasterly Along the U.B. Army Corps of Engineers Boundary the following SIX (6) courses and distandest 11) South 10 48' East, 523.0 feet to a U.S. Army Corps of Engineers Monument h 252-Nt (2) Nest, 690.0 feet to a • U680 Army Corps-of Engineers Monument P-253-Mt (3) Soothe 420 feet to 4 U.S. Army Corps of Engineers Monument P-254-Wt (4) West, 196.0 feet to a U.S. Army Corps on Engineers Monument P-255-Nt (5) South 35 35East 622.4 feet to a point for corner, said point being a U.B. Army Corps of Engineers Monument P-236-Wt (6) South 580 21' East, 562.1 feet to a point tar corner, said point being a U.B. Army Corps of Engineers Monument P-257-Wt THENCE South 380 46' 59' West crossing the Corps Tract and the Pecan Creek fork of Lake Lewikville, a distance of 943.72 feet to a point for corner, said point being a U.B. Army Corps of Engineers Monument P-234-Wt THENCE Northwesterly along the U.S. Army Corps of Engineers boundary the following sixteen (16) courses and distancest (1) North 50. 10' Waste 477.5 feet to a U.S. Army Corps of Engineers Monument P-235-W) (2) South 820 21' West. 244.0 feet to a U.S. Army Corps of Engineers Monument P-236-wi (3) North 210 95' West, 1,162.8 feet to a U.S. Army Corps of Engineers Monument P-237-Wt (4) North 670 43' West, 310.06 feet to a U.S. Army Corps of Engineers Monument P-238-Wt (5) South 820 18' West, 236.4 feet to a U.S. Army Corps of engineers monument P-239-Wt (6) South 69. 35' west, $5648 feet to a U.9. Army Corps of Engineers Monument P-240-Wt (7) North 380 59, waste 1,140.8 toot to a U.S. Army Corps of Engineers Monument P-241-Wt (8) South 58. 12, Wast,672.9 feet to a U.S. Army Corps of Engineers Monument P-242-Wt (9) North 88. 58' West, 54742 feet to a U.S. Army Corps of Engineers Monument P-243-Wt (10) North 174 12' Weft, 3410 foot to a U.S. Army Corps of Engineers Monument P-244-Wt (11) North 27' 41' East, 164.1 feet to a U.S. Army Corps of Engineers Monument P-245-Wt (12) South 886 58' East 932.1 feet to a U.86 Army Corps of Engineers Monument P-246-Wt (13) North 56= 59' EASE, 668.0 feet to a U.Se Army Corps of Engineers Monument P-247-Wt (14) North 020 54' East. 153.0 feet to a U.S. Army Corps of Engineers Monument P-248-Wt (15) East, 10484.1 feet to a U.S. Army Corps of Engineers neaument P-249'-Wt (16) North 00' 24' West, 45.5 toot to the point of baginn-oij and containing 132,64 Maros of land. A-57 PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton !s contemplating annexation of an area which is bounded as shown on a [Tip of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, 'texas. E. Refuse Collection (1) The same regu?•ir refuse collection service now pro- vided within t.,e 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) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Rontine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Recocstruction 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. Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. 1 s I + + ass 'r ~1V , ~ i • 'f}„ t ~ I;i f sr }l~~ 4)H3 ~~~'~Y~~tf. '(~y~>~ l1~~1( V~7~'~,~ ~'~•4'1 ~ ~ • A r'.~ ,rf ~ •I~•l~Ur,~t'`~•tl~n' ~'1 •-•~qf, f. ..f~~~1 r(•af' ~ r~.~' _ + r • may, 4'~(h~11~! 4~~i1 .c. Kill '.f~~'I+Rp~f~lV r_'~~, fr'' Sf l k } f)r.v~f4i. • M trf'~'~f'1,1}r t~)ry r}1 - S r lj '1~J r ,i.': Sf f ~ {lr.~ . , rf Jf~f ~ 1, tlrr ~ ~h s; ~~t Ldp "Y'ff~•{'7 9 l , i,: i f iii1•141 R1(~~~,~:li f }i RVMRI'S Vr I1 ~f "U f 1y.tI ♦Mf iiV1l , r•1 ,t i~ 4 ,i 7~4~~y 2Jdr ~Y rif.:~l rl~. J'JVl- 114, t lr ~ <I bj{'~{~ 3~}1VYl~f f rT oaf ~ i • r~ ~r 1'rRl rS S . fir • ~ ~ . l ~ 1 rf t,P! vp•r t is r H.~ - is l~j l1 3~.l,~irr ~~i ~l }~1'r~ -i: f ~♦',K~ • err ' , Rd r ~004 A-3 SHADY 3 ~yV~'~-r . r i.~' ~ MEN •+rw. .aye. r-r. rr. LAICIEV OW 1 ~YT ~ _ r TDIIHMOLMHPARS r w "NEC ACMM r LNWWN&AA LAKE iweM~a~tatc j f t r T Ike 1 .,0 e, Y. 5 M1 "'q f A&~ ~~++4+IR ''1 + 1e [I , i r', . ,q+~1'31 11".K 5~4~Ia: r « -1 ~~'+ttl+~+ t 1~,~ pr. +r:: 11~~i 1 e , ~".r ttl i r, ,t .,'{I1 r.' , Se .f.vn .+t) 'rv. •~et11rT1'li ";1rfe~~aT~yrt. caad Chroaiais ( y .r' f i " { e+l , ~ R i" Vu~•~.' • VSf►alidl► no '\iv~f/,e, Ilgr//111} S,-'.I ,.r p = 1i a14 Il S4 • T~ty ~J'' + tp~ e ( • S iNp 11{ 9 !fit ~-,/1 t',Sy i~7Ni'; SSL ~tf 1 ' n "J'rr, ~,el 1 ..,,114h '1~~7}et '•'~+~~rY 7 Y,++;~ ~Cf~~3~i~ r.`~ti,T+~?~~1, r,~i ' .i!A~ tl. f+~• t d, "I., ✓dn~j !i~ ilMs? y.3'1~'r° sbmi City. toaacil' agenda U.-44y, 30, 19¢a,, AU00 C agenda` ba4k=up for City q" it " * Auqu*t 6.6 1966 City Council holds tirst pubic h s''it'nq, 2~. , at regular meeting August 6, 1986 Notice to Denton Record Chronicle August SO 19.86 Publish" notiat , •nd; mahout August 110 1986 Submit City Council agenda,.. August 13, 1986 Planning and Zoning Commission makes recommendation August 13, 1986 Submit agenda back-up * August 190'1986 City Council holds second public hearing at regular Meeting August 25, 1986 Submit City Council agenda item August 27, 1986 Submit agenda back-up * September 9, 1986 City Council institutes annexation proceedings at special called meeting September 11. 1986 Ordinance to Denton Record Chronicle September 14,.1986 Publish ordinance October 13, 1986 Submit City Council agenda item October 14, 1986 Submit City Council agenda back-up * October 21, 1986 Final action by City Council at regular meeting Denotes action by the City Council J:i4q August S. 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Ordinance Revision for Pro Rata anuOversize Participation Agreement Concerning Placing a Limitation of Time such that said Agreements are Valid for a Period of 12 Months. RECOMMENDATION The Public Utilities Board, at their meeting of April 22, 1986, recommended to the City Council and the Planning 6 Zoning Commission approval of this ordinance revision. The Planning and Zoning Commission, at their meeting of g ggLgg6 1986, further recommends to the Council approval of SUUT47r ordinance revision. SUMMARY When a developer enters an oversize participation agreement with the City of Denton, money is set aside in the budget and held in anticipation of participating in a portion of the cost. If the developer delays or decides not to develop the project, utility funds are encumbered that could be utilized by other projects, causing funding shortages within the utility budget. In the case of pro rata agreements, although long delays don't cost the City money the delays do cause unnecessary confusion in record keeping and with adjoining developer plans as to who will construct the necessary utility. The proposed ordinance revision would require developers to proceed with a project within 12 months, otherwise the participation and pro rata agreements would be null and void. Ther,:after, the developer would have to reinititate such agreements or finance the project without City participation. BACKGROUND There are a number of projects with oversize participation and pro rata agreements whose developers have failed to develop for a number of years. Occasionally, a developer will wane to begin his project after delaying 3 or 4 years. Conditions, meanwhile, have changed in the area due to other developments using up capacity in the existing utilities to be extended resulting in the agreements becoming obsolete. 4356U:6 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTBD Denton Municipal Utilities, present/future Developers, and the Purchasing Department. FISCAL IMPACT No cost to the City of Denton. Prepared by: Resp tfully s bmitte /'r C. David Ham oy are , ger Asst. Director, Wtr/WW Utilities App ved by: - e-56" ;V/ - R~ E. Nelson Director of Utilities I. Subject Ordinance Ii. Minutes PUB Meeting of 4/22/86 III, Minutes of P4Z Meeting -OT Q%86 4270U:18 143bL ' NO. 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; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Article 4.09 (B)(2) of Article III of Appendix A of the Code of ordinances it amended to read as follows: (2) Oversized Mains. The City may participate in the cost o overs zed water and sewer mains, sub)ect to fund availability and approval of the City Council. "Oversized Mains" are defined as wat•sr mains over eight (811) Inches and sewer mains ooer ten (10,t) inches, which are required by the City for future system expansion and are not required by the proposed development. Prior to the beginning of construction of any facility for which the City is to participate in the cost thereof, the Developer and City shall enter into a written participation agreement. The agreement shall be In a form approved by the City. In addition to such other terms as may necessary to carry out the provisions of this article, the agreement shall provide that if construction of the facility does not commence within one year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties. SECTION II. That Article 4.09 (D)(S) of Article III of Appendix A of the Code of ordinances is amended to read as follows: (S) Prior to beginning of constructlon of any facility for which pro rata reimbursement is provided for herein, the developer shall entec into a pro rata reimbursement agreement with the City. The agree- ment shall be in a form approved by the City. In addition to such other terms as may be necessary to carry out the provisions of this article, the agreement shall provide that if construction of the facility does not commence within one year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties, SECTION 111. That Article 4.09 (H)(4) of Article III of Appendix A of the Code of Ordinances is amended to read as followsi (4) Prior to the beginning of construction of any facility for which reimbursement is provided for herein, the developer shall enter into a pro rata reimbursement agreement with the City. The agree- ment shall be in a form approved by the City. In addition to such other terms as may b%~ necessary to carry out the provisions of this article, the • agreement shall provide that if construction of the facility does not commence within one year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties, SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of May, 1986. RAY STEPHENS, MAYOR CITY OF DEUTON. TEXAS ATTEST: CHARLOTTE ALLER CITY 52CRBTARY ITY OF DENTON,,TEXAS j C APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD ` April 22, 1986 S. CONSIDER ORDINANCE REVISION FOR PRO RATA AND OVERSIZE TIME SUCH THAT SAID R PERIOD MONTHS. Ham explained that the Utilities Staff recommends to the Public Utilities Board approval of this ordinance revision developers granted such agreements sometimes delay unreasonably long periods or never develop. When a developer enters an oversize participation agreement with the City of Denton, money is set aside in the budget and held in anticipation of refunding a portion of cost to the developer. If the developer never participates or delays in construction of the utility, money is held that could be diverted to other projects, causing funding shortages within the City budget. In the case of pro rata agreements, although long delays don't cost the City money, the delays do cause unnecessary confusion in record keeping and with adjoining developer plans as to who will construct the necessary utility. There are a number of projects with oversize participation and pro rata agreements whose developers have failed to develop for a number of years. Occasionally, a developer will want to begin his project after delaying 3 or 4 years. Conditions, meanwhile, have changed in the area due to other developments using up capacity in the existing utilities to be extended resulting in the agreements becoming obsolete. Coomes recommended approval of the subject ordinance revision. Second by Boyd, All ayes, no nays, motion carried unanimously. P S L Minutes +{ay 48, 1980 Page 7 approximately 1,000 feet north of this sit,,. The existing retail development and zoning is located in a moderate in- tensity zone which is consistent with Development Guide policies specifying that retail/office development concen- trations should be located in nodes at major intersections, Approval of an additional 40U feet of retail frontage could lead to the establishment of a retail strip along East McKinney Street. She said that staff recommends denial of Z-ldu8 as it violates several major Denton Development Guide policies and if the Commission is incifned to approve this request, staff recommends conditions. She added that this proposal is superior to oarlier proposal with the additional buffering and the lowering of the density. Mr, Holt asked for the acreage Included in the low intensi- ty area. Ms. Carson said approximately ouU acres, Mr. Pearson asked if there were any plans to widen McKinney. Mr. Clark said no. REBUTTAL: Mr. hlclilhaney stated that the general retail would be agree from said tthey are surrounded by 450 acres of vacant land but no one knows when or if it will develop. Ila said that they have approval and funding for this project and are prepared to build. Chair declared public hearing closed, DBCISIUN: Mr. Juren moved to recommend approval of Z-18u8 subject to conditions recommended by staff. Seconded by Mr. Pearson. Mr, Holt stated that he sympathized with the intensity situation but that they were coming back with this proposal a second time and still were not in compliance with the multi-family concentration policy. Mr. Pearson stated that he would like to see the density reduced even further but that ne could see the developer's logic with the surrounding zoning, Mr. Claiborne stated that he regretted that the City zoned the property to the south light industrial. He said that he had reservations and is concerned with the density in area b. He said that this plan is much more desirable than the initial proposal. Vote was called: Aye - Juren Nay - Claiborne, Cole, Holt, Juren, Pearson Motion failed (1-5). Dis, Cole moved to recommend denial of Z-1808. Seconded by Mr. Escue and motion carried (5-1). Mr. Juren voted no. V. Considerations A. Ur(D_INANCb AMENDINu APPENDIX A UP THE CODE ON ORDINANCES UP '!rd'h CI 1 DEN UN WAS, by amending the provisions relating o part c pat on and pro rata reimbursement agree- ments for water and sewer facilities to provide that such agreements shall terminate within one year thereof unless construction of the facilities has begun; rnd prividing for an effective date. S't'AFP KEPORTi Mr. Ham stated that the revision of this or nom{ ante would eliminate a lot of the agreements that the City has had on the books for several years. He said that P 5 Z m nutes May td, 1x86 Page 8 this puts a burden on their year to year Uudgat because they are being asked to keep tills iaouey until development occurs and possibly for an undetermino4l amount of time, tie said tnat the ulrector of Utilities will be toe authority to extend the agreement for all additional lC months. he said that this revision will help technically and finan- cially. he said that they have no objection to extending the time limit if the development is realistic, Mr. Ellison stated that the Planning staff supports this ordinance revision. DdCISIUN: 149. Cole moved to recommend approval of an U MT an"ce amending Appendix A of the GUde of Ordinances of the City of Uenton, Texas, by amending the provisions rela- ting to provisions and pro rata reimbursements agreements for water and sewer facilities to provide that sucn agree- ments snall terminate within one year thereof unless con- struction of the facilities has begun; and providing for an effective date, Seconded by Mr, Juren and unanimously carried (6-0), B. FIVE YEAR CAPITAL IMPRUVEMENT PLAN, DECISION: ldr, bscue moved to recommend approval of the five year capital Inprovement plan as follows; PLANNING AND 2UNING CU'.i,,ISSIUN RECOMMENDED CAPITAL 1MPRUVL,d1_NT PLAN 1986-1987 Millions Neighborhood Center, Soutneast Denton $1.8u0 Loma Del Rey Urainage ,8L5 Lillian Miller Parkway Widening ,45U Bridge on Woodrow Lane ,2S0 Reconstruct Oriole Street .117 East McKinney Street Culvert UGs Sidewalk on Hercules .uls $3;TTz 1987-1988 Millions Bell Avenue Relocation (First halt) $1.000 Senior Center Addition 75U Improve Woodrow Lane SZ5 Willow Springs Drainage ,337 Stuart Road/Selene Drainage 132U Plans for City hall Expansion .200 Athletic Field ,200 Animal Control Center Mansion 1SU Signals Loop 288 and U5 38u 1004 Traffic Signals ,u2s $3;5^T 1980-1989 Millions City hall Expansion $1.100 Fire Station ,500 Drainage Study ,450 Stuart/Sunnydale Drainage ,550 Taylor Park Drainage .3SOU FM 2181 (Teasley Lane): Four-Lanni ,25U divided from 1H-SSE South to Ryan Road 1429E UAFE: July 3U, 1986 CITY COUNCIL REPORT FORMAT fU: Mayor and Members of the Lity Council FROM: Lloyd V. Harrell, City Manager SUN EL f: DISCUSS CUNSIUEKATIUN OF A TAX INLKEASE FOR FY 1986-87 TAKE kECURD VOTE SUMMARY; Consideration of increasing the actual tax over the Effective Tax Kate. BACKGRUUNO: N/A FISCAL 11YIPACf': Will generate additional ruvenues for Ubht Service and Ueneral Fund Operations. Respec ully submitted: U oy arre City Manager r Prepay by: nn Forsythe Senior Secretary A proved: n - n irector of Finance - C°n.v -._.W a i.r-.!°C). • ~...a - I ED MYofDEWON, r E'XAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M 0 A A N D U N W a ft a• a s■. r DAT1 : August 5, 1986 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Director of Finance SUBJECT: TAX RATE FOR FY 1986-87 Section 26,05 of the State of Texas Property Tax Code requires that any entity having a proposed increase in the tax rate over 3% of the Effective Tax Rate shall hold a public hearing. Prior to the public hearing, a notice must published in the local newspaper announcing the hearing. The notice must also contain names of all the governing body showing how each voted on a proposal to consider a tax increase, or if one or more were absent, indicating the absences. The purpose of the proposal tonight is to consider a tax increase to $.59 per $100 valuation. It is not the final adoption vote. The final adoption vote cannot occur until after a public hearing is held. A vote should be taken in order to record the consideration of increasing the tax rate. If you have any questions regarding the above, please advise. n cGrane JFMcG:af 2013F M.'M CITY of DENTON, MUS MUNICIPAL BUILDING / 215 E. WKINNEY ST, i DENTON, TEXAS 762( M E M O R A N D U M ■ a a a a a■ a a a DATE: August 1, 1986 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Director of Finance SUBJEC'r: EFFECTIVE TAX RATE 'rhe effective tax rate as certified by the County Appraisal District is $,5356 per $100 valuation. An eight (81) percent increase over the effective tax rate would place a tax rate at $.5784 per $100 valuation. If the current actual tax rate of $.59 per $100 remains unchanged, it would amount to an increase of 10.14 over the effective tax rate, The amount of funds that would be generated from the difference between $.5784 and $.59 is $205,000, If you need any additional information in this regard, please advise. ~Alhn F. McGrane JFMcG:af 2016F 81715664,Z00 D/FW METRO 434-2W P, r DATE: August 5, 1186 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Preliminary Plat of the Bonnie Brae Addition Preliminary plat of the Denton Nursing Center Addition, Lot 1, Block 1 Preliminary Plat of the Golden Triangle Mini-Mail Addition, Block A. Preliminary Plat of the Medical Center Addition, Section I Final replat of Montecito Del Sur Subdivision, Phase I, Lots 14-16 and 25-;54, Block A; Lots b-8, Block U; Lots L-11, Block E; Lots 1-18, Block F; Lots 1-ZU, Block G, and Lots 1-7, Block H. RECOMMENUATIUN: The Planning ind Zoning Commission recommends approval of the above referenced items. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Developers, owners and City of Denton FISCAL IMPACT: Undetermined Resp fu11y su itted: oy arse City Manager Prepared by: Ua`vTd L I I i son Senior Planner App ved: e ye Ui rector~ff Vnng and Development ^'FR'lP 4^'^'i5vs.a'T~+°:.n1-.! # Mra. t' - l K CITY COUNCIL AGENDA BACK-UP SUMMARY SHEEP MEETING DATE: August 5, 1986 SUBJECT: Preliminary Plat of the Bonnie Brae Addition SUMMARY: This is a 1.248 acre tract located between the I-35E service road, Bonnie Brae and West Prairie. The property is zoned commercial (C) and general retail commerical development is anticipated. ACTION REgUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVE: Approval of the preliminary plat ATTACHMENT: Reduced plat Senior Planner 'Lls WEST PRAIRIE STREET sw~~ r. rr _ ~r s~. _ IM ( Irr.a`A~3/r/A;i `~W. 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Ma rI -mar nrlWf4" MIMW YTr W iF REVISED 1 ar a y . . CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: August 5f 1986 SUBJECT: Approval of the preliminary plat of the Denton Nursing Center Addition, Lot 1f Block 1 SUMMARY: The Denton Nursing Center located at 2229 Carroll Boulevard is requesting plat approval to allow expansion of the existing one story facility. The existing building was built prior to the adoption of the 1983 Subdivision Regulations and Land Development Code. Proposed improvements include 20f650 square feet of gross floor area, thirty-five (35) parking spaces and a fire lane with a cul-de-sac or turnaround, and an open space/recreation area that will also be used for detention. An 8" water line must be extended into the property from an existing line on Carroll Boulevard in a public easement in order to get fire protection to the new section at the rear. ACTION REQUIRED: Approval of the preliminary plate RECOMMENDATION: The Planning and Zoning commission recommends approval. ALTERNATIVE: Approval ATTACHMENT: Reduced plat David Ellison rte- Senior Planner 1280] 2-F ZONE I J pvwm muf►.~eoltta / ,1 t} \ Ii I y 9.996I 929,65' 9 I; jig I R w•.r~ N F : PROPDSE OWING ! STQRY SAICK ~ ( I U. \ r ZG ~ Il $ to all" LIM N1 I Ile ~a r',; i . se;...isTIL21r iltN1 IM. car - - 7- I `4 + NEST X90.00' a' r ~ t' 11A ttR LINE ~ ~ I i / Ft. SEAUMONT \ SURVEY J A-U / Mott: 1. rN;a *97 IS NO IN A FLOOD iatMO ARu w, F giC1lIM ti ~ FLOOD ~ Y IIA/, alYitrOE 9ttt/11Ia4!! - fMl1. m tom 48"94 0014 GATED APwi~ 3-f 13 & SF-SO lflN£/- j - a, PK LY 20.00 seau1LO1F wa ECIF ERMIT ° sn~a S C ~axllwTEir i1.RE FEET OF T NUMBER FLOOR AREA. I \ htl r1, ortt p•am~e9 ar•eMtl AMS10NS OENTON p ADITION 4,994 ACHES Final KAUNONT SURVEY A-31 Liam ® + CITY AND CUM OF OENT0K TEAS F1P - Fouts 1rM Pin OiArfR _ N ,EX Q CpN•DRATION t/ 81P - !1t IrM Pin WDSO1t11e 0 KAiaM • aMlfWW -MISS - Ff t. Line oorm 6•DID. s1n, Pr.f ltlenl I in FM IIMTN OMrt Dom TVA ?M% -E- OEM- - Eltctrlt Lin. P.O. BON 4704 Tkills I 1- - t• - 70110hM1 Lir1 SCALE DATE 409 ND. M1Chit0 FA1t. 11900 ' "M1 10i' n!» NO-8271 VICINITY NAP 990217 00 a - Ikr91r We ONEato: e...i:. tN - $Ire NrYMf CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: August 51 1986 SUBJECT: Approval of the preliminary plat of the Golden Triangle Mini-Mall Addition, Block A SUMMARY: This is an 11.319 acre tract located between Loop 288, Colorado Boulevard, the M.K. & T. railroad and Denton Town Center. The majority of the property is zoned light industrial (LI); a small portion of the tract facing Colorado Boulevard and proposed Sadau Court is included in planned development (PD-28). The property has frontage along Loop 288 right-of-way. However, direct access is not available because of the overpass and lack of service road. Street access will be from existing Colorado Boulevard and Sadau Court, a proposed 60' cul-de-sac. A 16" water line must be extended along the south right-of-way of Loop 288 and internal water lines must be looped to insure adequate fire protection. An existing 10" sanitary sewer line should have adequate capacity to serve the development. A drainage easement is required along the east side of Lot 5 and Sadau Court needs to be designed so that water coming down Colorado Boulevard does not turn into it. Barrow ditches along Loop 288 and the railroad must be graded. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The PJ;~nning and Zoning Commission recommends approval. ALTERNATIVE: Approval ATTACHMENT: Reduced plat David Ellison u Senior Planner 1279) .l 111 ri.rlT~i"'/rw+1l}~ a ar~t~wl aww rar l Xlr M1 rN I111'I. rN d IIN IM'1 YiTM / ~ ~ ~ ~ t ♦ • T ~ ~:Ir,~ ,r. ome."rwwr irl` niwN,. r.w.r a ~wu!dq~r 1 ~ \ um *0 200 is nlvar / ra.1w N Ill . s<I N.rdv J /r \ N' cS Ni U-9999Iµ. 1~ -.may J/ • ? 11' 'J /BLOCK L%.}SPI tut -N'M1lN I 1 a 'a a u.+ r w ' tY t "Now rsr Nr---------•.~ 4 \ •b 6 206d s IPwR.arX. tea, Nil IlK Y . /..ILLq b., two H'NNlNal Ot. sr 1 ` r w~..r...... 00 00 tll~m lN1ERGRwE bEVe~GacXi NETAOPLEX EMINEEA300 CORPORATION ftA tr9 . N"Ir1,s 111Ipr ....rt pi Wfk Hi'rt real Mlrll 41 rIa~ Rrl 60.0911 iRIANiE N1Nt-MLLI. 100i1[011 \ s. urrt /M 411111 IYI Ytl/ r M oaXal n, rt t[4( Ot It 0 is, REVISED I" -Tyv -7 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: August 5, 1986 SUBJECT: Approval of the preliminary plat of the Medical Center Addition, Section One. SUMMARY: The purpose of this proposed plat or subdivision is to lay out lots for development related to the existing Denton Regional Medical Center (Westgate Hospital). All roads and utilities are in place and the only public improvement required is a 4' sidewalk. ACTION REQUIRED: Approval of the preliminary plat. RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVE: Approval ATTACHMENT: Reduced plat David Ellison Senior Planner 0210o his &AOA [ai C7Frv _0.N /4'{ICL VALE a3@yy tnJ 751 IAN. uwu j waNirrna~oP 74 ICAti' I'• W Lar a ~ / r0A0Rf G'( f - - P 7{i~ OfN770N RL010F14L ~Q AIMCAL CrVfiR ( l ~1~` ;A,Jt {TOAff dp{/rTALI 1/' ~ Ac Ff !tLL SAMWL WRINALL OrAEIAL "W": V too 8 L. No ne}or pmpolel LAPOS"a"' "I's. "'A 7!a Z 7. Site out of 100 feat f,, ie++ uw" i•1 3. frDNrtJ And d: run ountinl NeprrN Fsred LI ISt [ndutlr Nl. 5'4A 5,'111 f 1, 1/tA1N In 1M Clli AM Ca•^t)af De r.t.n. Nru, 700 f n J ' I_ 3Aefn td drelor l< plan. lr,r mi6l-l •n^•t rrtu"n Inr llpr and Inlet J'r r MtIno. ° u- IC UTarIY ESIrr 6. CIt3 of flenmi Netntlon da un. - r, IAl pudln`` to w r.'. to dulYdr FIN 1. tM N•Wtll pbnr IMr 1 ~ ~ CroF.rll, fuwNr, I~q. Frrlo 0 V.pdWll (Art Fllee It 1. Wild W. C LOf A Arlln Nr\ 10A 0 Q 1 i'YMf{R LIYt{ 74 / YRet° Kt elMt•R ~.Mf i cor 7u~ o Ac 10f ~n rneG \IS ICE tiflaw+.A wtn! r rIU17tNi AMYI Lwr t 7N AWW" SOON \YIY Ito 71LL 114 WILL 9AMWA. MMµM~ v an 7rs rswantvr MEDICAL CENTER ADDIM =EEE.1N*3r*rA'WG D 9ECTION aaw &awm""0 -REVISE I mv%m nPFRr AML M. CITY COUNCIL AGENDA BACK-C•P SUMMARY SHEET MEETING DATE: August 51 1986 SUBJECT: Final replat of Lots 14-.i6, and 25-34, Block Aj Lots 5-8, Block DI Lots 2-11, Block E= Lots 1-18, Block Ft Lots 1-20, Block Gr and Lots 1-71 Block H of the Montecito Del Sur. Subdivision, Phase I SUMMARY: The primary purpose of the proposed replat is to correct surveying errors. Minor changes in the configuration of some lots and the angle and right-of-way alignment of some streets is also being sought. The property is zoned single family (SF-16) and all lots conform to applicable requirements of the zoning ordinance. ACTION REQUIRED: Approval of the proposed replat. RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVE;: Approval ATTACHMENT: Reduced replat David Ellison Senior Planner 1427s TEM?E ~ME XIM ME. JE =Tr 440 jj I rr M ; su geeuu w vY ew w eer ' li i r ~ nr it r«vrtslrY wt nx ; , Il•i ji'M ~1er MM-He IM1M '~J 1 Lo „ 24 1t1t IMI { a e R I le ~ ilt li 4 ,e F to ss i n ~ ea j. NOT To -9 TMO 00' imul too, }I ' , / s 4 \ i" ~-uiN e 1. 1 air us a i I ' 1 • ~ ,fl' I ~f ~i "•r. ' 1 ~ O Ott Z N t~ C~ I *.Yjgyf u amain AM i2 ,q.Af, August S. 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Change Order g2 in the Amount of $1,211 and Final Payment to Advance Tank Texas Inc. for the 2 MG Ground Storage Tank. RECOMMENDATION The Public Utilities Board, at their meeting of June 10, 1986, and Freese $ Nichols Consulting Engineers recommend approval of the change order to reduce the contract amount by $1,211.00 and to revise the contract amount from $448,928.20 to $447,717.20; they further recommend that the final payment, inclusive of change order 02 in the amount of $24,424.69 be approved. SUMMARY The City Council awarded the contract to Advance Tank Texas Inc., April 16, 19850 in the amount of $433,000. Subsequently, the Council January 7, 1986, also approved the CO N1, in the amount of $15,928.20 (revised contract $448,928.20) to include seam-scaling and other extra concrete and ditch work. The contractor had successfully completed the work and the City has accepted the tank for operation. Change Order #f2 is to adjust the amount of $1,211.00 that is due to the City from the contractor as a result that 1.73MG of treated water had to be drained to correct a defect in the tank. With the approval of change order #12, the revised amount of contract is now $447,712.20, and the final payment due to the contract is $24,424.69. BACKGROUND This is an approved CIP project to bring the total ground storage capacity from 5.0 MG to 7.0 MG. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, Contractors, Freese 4 Nichols, Inc., Legal Department and the citizens. 43S6U:1 FISCAL IMPACT Original Contract Amt. (as approved by City Council) $ 433,000.00 CO 11 as approved by Council 15 928.20 Revised Contract Amt. 448,921,26 CO M2 (this request) 1,211.00) Revised Contract Amt. (this 447,717.20 Request) t$423,292.51) Amt. of Previous Pmts NET Final Payment Due $ 24,424.69 (this request) Prepared by: 4Resp fu" y s bmit Lrr Srini Sundaramoorthy City Manager Civil Engineer Approved y; 1---'" 'a, e son Director of Utilities Attachment I- CO A2 Il- Final Estimate III- Location Map IV- Minutes PUB 6/10/86 4356U:2 CHANT OR EXTRA WORK ORDER P*C)WT: 2 MG Ground Storage Tank CONTACT, No. 9435 OWNER: City of Denton. Texas CONTRACTOR: Advance Tank-Texas, Inc. CHANGG ORDER NO. Two (2) DATE: May 12 s 1986 CHANGE OR EXTRA WORK TO BE pER/ORNUID Deduction for water used for refilling store a tank after repair of leak. 1.73 million gallons 9 $0.70/1000 gallons 1,211,00 Deduct (:10211.00) The contractor hereby accepts this adJustAent at a final and Coeplete equitable adJuslawnt In full accord and satisfactlan of all past, present and future Iiabllity originating under any clause In the contract by reason of the facts and circumstances giving rise to this oodff(cation. Previous contract amount $4480928.20 Not (fit VAj@&j (docroaso) in contract amount 19211.00 Revised contract amount ;441,717.20 N9t(incroasex4ecreoso)1n contract time of completion No Change Revised contract time of completion No Change Rscemmsftdod by Approved by OWNER FRUSE AND NICHOLS ly e AY by CONTRACTOR o~tr+tf I. F. AM. Ores j." Gov. 77+-... _y. 4N,OM M. FR••CO. P.C. JAM" 0. MICMOL,4. e.g. 4O4•A, L. MICMOL0. R•. L" 4. ►04•!t. semi"" & eF^MJe'mRIL MISR AND N;CROLS, INC. Jo 1100.04 A. H.60"►4OM NI, P. C C 0 N S U L T I N G E N G I N E E R S JOHN H. COOK Ka 4.004!•. MYMAM, Rt. T. ANVO16" 0410. P.C. 4"V ,L 449v4. Joe 4. ""Mm me. W. aw"TCLE"C"T. ft"" C. CO►su1MO, ►.C. May 13, 1986 N*n i. na"s NI. P.C. A. 688 014A0 a. w L •o/a,la M. \R"OM4. MICMAa.4. M00,16". P.C. C. 0ON ►AU"*. 0.41 400601 A ►•MC t. ►,C. Mr. C. David Ham, P, E. LAO A. 44744,1. "TM Assistant Director of Utilities XWML' P.C. City of Denton Service Center/Warehouse 901-A Texas Street Denton, Texas 76201 Re: City of Denton 2 MG Ground Storage Tank Periodical Estimate No. 8 & Final Dear Mr. Ham: A final inspection was made on April 11, 1986 and a Punch List was prepared for all items to be corrected. These items have now been completed and all work is An apparent accordance with the contract plans and specifica- tions. Attached, please find two (2) copies of the Periodical Estimate No. 8 and Final for Advance Tank-Texas, inc. for the construction of the 2 MG Ground Storage Tank covering work from February 26, 1986 to April 25, 1986. We have reviewed the quantities on the estimate from the Contractor and after receipt of (1) the Consent of Surety Company for final payment and (2) Change Order No. 2, recommend that the final amount of $24,424.69 be paid. The date of substantial completion is hereby established as April 25, 1986, which is also the date of commencement of all warranties and the one year correction period required by the contract documents. If you should have any questions, please fee free to contact us. Very truly yours, FREESE AND NICHOLS, INC. 01 v Jaa~es F. Johnson JFJ:sd xc: Srini Sundaramoorthy Jerry Roush Advance Tank-Texas, Inc. Off LAMAR 6TRECT FORT WORT", T6XA6 76102 TtLSrMONi ~i7, ~ie•71~1, _MSTRO 6_!7 _Aa6•l6se i r MICODWAL UTIMATE MR PARTIAL PAYIN@IT INVOICE FOR RETENTION ONLY Perin" Eetlma di lifo- &A X IN....,J Perio~f roar C. ~it~ 19QG Se rvy e n er re house Nameof0w►twr: City of U4nton Address: 901-A Texas St. Denton Tx. 7624 F- U. BOX 7273 Name of Co"butor: Advance Tank-Texas, Inc. Address: BeauSIont, Texas 77706 Type of Pro)ect._ 2 M. G. Ground Storage Tank Estimated Contract Cost: 6 4339000.00 DUC1R1MON or ['!TM t woulky ~ leak >Keaalsn w4 to ~ i. Excavation and Seeding L.S. 1 100% 31,622 31,622.00 2. Foundation Walt A Vaults L.S. 1 100 229887 22,887.00 3. Concrete Levee Wall L.S. 1 100 20,045 209045.00 4. Concrete Trickle Channel L.S. 1 100 69227 6,227.00 S. Tank Engineering L.S. 1 100 2,400 2,400.00 6. Tank Fabrication & Material L.S. 1 100 134,019 134,019.00 7. Tank Field Erection L.S. 1 100 61,884 619884.00 8. Tank Painting L.S. 1 100 50,052 50,052.00 9. Electrical L.S. 1 100 22421 22,821.00 10. Cathodic Protection L.S. 1 100 6,157 61,157.00 11 Concrete Piping, Valves A Manholes L.S. 1 100 74,886 74,886.00 12 Change order #01 100 5,928.2 15,928.20 13 Ch" Orde 1 *0 ft 'ed. I•r3f11t0 w-der 7v//oa'*d 01,al/•00~ the undersigned Contractor certifies that all work, including materials and eVuipment an Pant, covered by this Periodfu I Payment has been completed or delivered in accordance with the contract Oocvments, that alt amounts have been paid by him for work, matorfals, and equipment for whlch prevlo decal Paymen were issued and received from the Owner, and thpa the current payment s r Is due ^ CONfRACtORAdvance Tank-ravaA, Inr_ Oy, if 542486 Subscribed and sworn to before ate this _ 7 day of_ May is 66 Notary Public. IV Coewl'ssfoe fapfresi, 7-10-89 Recommended for Payment by: Total Value of Original Contract Performed zR~ f k6R 0 Nra • Shown reese an Extra Work Performed Above K c a s ate tCG;2, 1 zlf•~~ >a[atetials Hand-S'o'n Above or Attached $tathnent . Date Total Value of Work to Date. . . . . . . 1 . Date Lw: Amount Retalned % -o- Net Mwrt Envied oa Caotrect 447,717.20 . Hate A~Rl, zlx.sl Low: Aewid of Pmfors Payawts . . . . . . Awrond for Paywt Byr A Q4 41 ' I a ML MULMONUMN ADVANCE TANK-TEXAS, INC. OXZ1iGI "'S AFFICIAVIT AND WR VER OF LIEN COKl~1~CT tip. g 'ARE OTM Cr TEMS X O WfY Or JMTERSON X J. A. VWgrnbush of Beaumont, Texas, being sworn, soya that he is the president of Advance Tw*-+11 Inc. (hw*inaftear referred to as the "Omtwbor") and is familisr with the facts herein stated. The Oontraator has furnished all material, labor, tools, fit, cg tructlan facilities and everything of every sort and has performed all work required by the contract entered into with City of Denton dated the t 4 may f per bog 2 M.G. Ground Storage Tank Bid No. 9435 w Ths Ooatraabor has fully paid for all said material, labor, tools, equipment, construction facilities and everything of every sort furnished by it, or by its subcontractors or materialmen, upon said pranises and furnished therefor for said work. The balanoe remaining due from City of Denton and unpaid to Contractor is the sun _$21s650.00 ands the payment to Contractor of said sue, Contractor hereby vies a ergs and Claims against City of Denton $ its Mamie" and property, and, , ao=3nt any work car, or maberial furnished to Contractor for said work. INC. Sworn to and suboribed before we, this day of May 19 86 J. A,. Vennebush Notary Public A O. Bar . 8 _e a Tx. 777~i~7 8 (fA•• ik wave" 000 dopwa a s ~OEM'roN @wo f fly w f r AkL t 21 r n l; , r l 21 owl M • • f• M f r N • ,r • APPROX. SCALE 2"•I MILE• ~ fat y WATER PLA w f+MM Q11 1 J r , r r • r J. PR 0J C;T~ SONLOCATION Roo S . PAU , At it I 1 00 1 t1 ~ R7,:7 r "2t EXCERPT F1tOM YUBLIC UTILITIES WPAD MINUTES JUNE 10, 1986 5. CONSIDFA CHANGE OADEX #2 AND FINAL PAYHENT TO AIVANCE TANK GROUND STORAGE TANK. Ham explained that the Staff and Freese & Nichols, Con- sultiag Engineers, recommend approval of the change order to reduce the contract amount by #1,111.00 and to revise the contract amount from $448,928.20 to $447,717.20; they further, recommend that the final payment, inclusive of change, order #2 in the amount of $24,424.69 be approved. The City Council awarded the contract to Advance Tank Texas Inc., April 16, 19850 in the amount of $433,000. Sub- sequently, the Council January 7, 1986, also approved the CO #19 in the amount of $15,928.20 (revised contract $448,928.20) to include seam-sealing and other extra concrete and ditch work. The contractor had successfully completed the work and the City has accepted the tank for operation. Change Order #2 is to adjust the amount of $1,211.00 that is due to the City from the contractor as a result that 1.73MG of treated water had to be drained to correct a defect in the tank. With the approval of change order #l, the revised amount of contract is now $447,712.20, and the final payment due to the contract is $24,424.69. This is an approved CIP project to bring the total ground storage capacity from 5.U MG to 7.U MG. According to Ham, the fiscal impact of this project will be as follows: Original Contract Amt. (as approved by City Council) $ 433,000.00 GO #1 as approved by Council 15 928.20 Revised Contract Amt. + ,9ZU.Z{F CO #2 (this request) 11211.00) Revised Contract Amt. (this Request) $ 447,717.20 Amt. of Previous Pmts ($423,292.51) NET Final Payment Due $ 24,424.69 (this request) Coomes motion to approve the change order. Frady second. All ayes, no nays, motion carried unanimously. m; ~~,s,~f!: x q «,.A.g+. .e t • jF_a a,. ,a°.~:! ' r S~ _ a.. August 5, 1986 CITY COUNCIL AGENDA TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT: Consider Final Payment to Dickerson Construction in the Amount of $380508.530 Bid 09557- 1986 SECTION B CIP, Water $ Wastewater Improvements. (Water Lines- Bolivar, Tulane and Nurthridge 4 Sewer Lines Bolivar and North Elm). RECOMMENDATION: The Public Utilities Board, at their meeting of June 25, 1986s recommended approval of the lowest bid of the final payment to Dickerson Construction Co., Cel+,na, Texas, in the amount of $38,508.53. SUMMARY: The City Council awarded the bid January 7, 1986, to the lowest bidder, Dickerson Construction, in the amount of $344,511.13 to replace the water lines on Bolivar Street, Tulare Street and Northridge Street and to replace the sewer lines on Bolivar "Street and North Elm, as shown in the attachment. The contractor had completed the project and the city inspectors have accepted as being satisfactory. The actual construction cost is, however, $371,249.35, that is $26,738.21 higher than the previously approved amount of $344,511.13. This is due to additional amount of materials that had to be used to patch pavement, concrete drives and sidewalks. Additionally, separate services were provided co customers who were previously on the same service line. Additional work also had to be erformbi to meet field conditions which were unknown at the time' ofpbidding. BACKGROUND: This is an approved FY 86 CIP program to replace deteriorated and substzed Ovate: and sewer lines- specifically, Replace on Bolivar St 3000 LF of 4" WL w/8" WL Replace on Tulare St 783 LF of 6" ILL w/8" WL Replace on Northridgge 310OLF of 6" WL w18" W L Replace on Bolivar It 1971 LF of 6" SL w/8" SL Replace on N.Elm 1320 LF of 6" SL w18" SL 4426U:16 's PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Municipal Utilities, City Engineer, Contractor and citizens. FISCAL IMPACT Previously Actual Con. Overrun Project Approved Cost (Underrun) Replace on Bolivar St WL $1000572.56 $1099169.10 $80596.53 Replace on Tulane St WL 28,639.67 340376.35 5,736.69 Replace on Northridgge WL 880178.85 85,526.37 (21652.47) Replace on Bolivar St SL 86,743,80 1010233.39 14,489.59 Replace on N.Elm 1320 SL 40,376.25 40,944.14 567.89 $344,511.13 $3719249.35 $26,738.21 This cost overrun is less than 8% of tho original awarded amount, Actual Constr4ction Cost $3719249.35 Previous Payments 332,740.82 Final Payment Due $380508653 Source of funds: Water Bonds: 623-008-0461-9114 Sewer Bonds: 624-008-0461-9116 Prepared by: Resp fully bmitted 00 Sri,ni Sundaramoorthy uy arr y P.na!jer Civil Engineer APPROVED: 20' G Ae~ 1. E. Nelson Director of Utilities ATTACHMENT I Acceptance Ltr IT. Periodical Estimate III Location Map IV Mirjutos PUB Meeting of 6/25/86 4426U:17 ~ry N D=MV , TM" MUNIOPAt NOLDINO I 215 E. McKINNEY ST. l OENTON, TEXAS MCI June 4, 1986 Dickerson Construction Co. Box 181 Celina, Texas 75009 Dear Lewis: The water and sever line improvements for the C.I.Y. Section "B" ro ect ave~een~nspected and approved by City o Denton Engineering personnel. Plans are from City of Denton dated November S, 1985. As-built drawings and a maintenance bond have been received and approved. Project value: Mater 217,391.08 Sewer 127,120.05 Drainage Paving Electric TOTAL, 11 The improvements are hereby accepted with City of Denton maintenance beginning June 3, 1987. If you have any questions, please call, Sincerely, oge ..c an a rown Sr. Engineering Tech/Inspection Superintendent Water 8 Sewer i e63 ro ec n c or 80370E r aifw MOM 40•?6;a0 DICKER &M CUNSFX CTICH CUNPANY, INC. P.U. Box lei Celina, Taxes 75009 (214) 382-2123 PERIWICAL ES11*rg FOR PARTI& PAYMENT Periodical Estimate No Final Period 511186 To 5/30/66 City of Denton Omer 1985 iikji 164" Address Denton / Type of Project CIP SECTION B Estimated contract cost t .3yyS// Description Unit Wuen. Completed Unit Total To Date Price Bolivar Street Water line 8" Ductile Iron 1.f. 50 60 $ 25.00 1,500.00 Cast Iron Fittings lbs. 0 175 2.50 437.50 6" Watermain l.f. 36 53 25.00 1,325.00 8" Watermain l.f. 694 2694 i 20.45 559092,30 6" Cate Valve ea. 4 4 500.00 20000.00 8" Gate Valve ea. 2 2 650.00 10300.00 Fire Hydrant ea. 1 1 1,050.00 11050.00 3/4" Water Service ea. 59 83 250.00 20,750.00 1#" Water Service ea. 9 I 'lee 500.00 500,00 Meter Connection ea. 68 92 150.00 139600.00 Remove CM b 6 Gutter l.f. 20 20 10.00 200.00 ~ Asphalt Patch Type 0 ton 200 224.49 80.00 17,959.20 i concrete Encasement c.y. 27 3 75.00. 225.00 Concrete Curb & Gutter l.f. 20 20 15.00 300.00 Sawcut Existing l.f. 16 18 5.00 90.00 i 1411.Steel Casing l.f. 30 36 70.00 21520.00 / Rock Clause c.y. 0 0 30.00 0100 2" Water Service , ea. 0 2 750.00 1,500.00 1" Water Service ea. 0 2 375.00 750.00 i $121,299.00 Less 10% Discount -12,129.90 .•r Work Ua,s 2An Total Value of Work Performed $109,169.10 Days Used Materials on Hand •00 Value of Work to Date 109.16910 - Less: Ant. Retained 0% _ •Q0 Q &4AM t T IL .3 I~t ki Fig Less; Previous Payments 96 L74&J2 BM.ANCE DUE THIS ESTIMATE f 12,698.91 G s - g G s„1 • DICKERSON CiNSMCTION CldMAW9 INC. • P.U. Box 181 Celins, Texas 75009 (214) 382-2123 PERIODICAL EST1MAK FOR PARTIAL PAYMENT Periodical Estimate No Final period 5/1/86 To 5/30/86 City of Denton weer 1985 Utilities Address Denton Type of Project crP sactien a Estimated Contract Cost 13 PO# 71268 Description Unit Quan. Completed Unit Total 70 Date Price Amount Bolivar Street Sewer 4" Sewer Main l.f. 40 0 20.00 $ 0.00 6" Sewer Main l.f. 180 60 30.00 1,800.00 8" Sewer main 1.f. 1791 1807.55 27.00 480803.85 Remove Curb 6 Gutter l.f. 25 25 10,00 250.00 Asphalt Patch Type 0 ton 150 285 80.00 22,800.00 Concrete Encasement c.y. 40 10:5 75.00 787.50 4' Manhole ea. 2 2 1350.00 21700.00 Concrete Curb 6 Gutter l.f. 25 25 15.00 375.00 4" Sewer Service ea. 50 47 250.00 11,750.00 Break into Existing Manhole ea. 2 2 500.00 11000.00 Sewer Cleanout ea. 2 2 500,00 10000.00 Remove Manhole ea. 4 5 750.00 31750.00 Drop Manhole ea. 3 3 2000.00 6,000.00 Rock Clause C.Y. 0 121.40 30.00 3,642.00 Concrete Sidewalk S.Y. 0 70.66 27.00 1,907.82 Concrete Drive s.y. 0 70.94 27.00 1,915.38 6" Sewer Service ea. 00 1 500.00 500.00 Remove 6 Place 12" at inters ction of Bolivat 6 Congress - li d y labo 6 materials. 0 1 30500,00 $1.12,481.55 Less 10% Discount -11,248,16 A de= Work Uoys Z60 Total Value of Work Perforated $101,233.39 Days Used •-65- X36 Materials on Nand nn value of Work to Date In 1 113,1 39 Less: Amt. Retained _,_n__% 00 u,tN t r,,~ ✓t R1 ~~s J Less: Previous Payments 88,098.31 / 11 6 5 db BM-ANCE DUE THIS ESTIMATE 13,135.08 U100" Call4TRUCTION CwAwt INC, P.O. Box 181 Cellre, Texas 7 ]09 (211) 382-2123 PEAIOUICAL ESTIMNIE FOR PAnTlft PAYMENT Periodical Estimate No Final Period 5/1/86 To 5/30/86 City of Denton Owner 19A% 11tilitiat Address n.ntnn Type of Protect r.ip ntf~a,gEstimated Contract Cost 3NHS// ICJ ate"" P 0 017268 Description Unit Quan. Completed Unit Total T Date Price Amount Northridoe Water Line Cast T.on Fittings lbs. 0 0 2,50 $ .00 8" Ductile Iron l.f. 40 0 25.00 .00 6" Watermain l.f. 60 68.-- 25.00 1,700.00 8" Watermain l.f. 3013 3025 ~ 15,50 46,887,50 6" Gate Valve ea. 7 7 - 500.00 3,500.00 8" Gate Valve ea. 2 2 650,00 1,300.00 Fire Hydrant ea. 1 1 1,050.00 11050.00 3/4" Water Service ea. 57 57 - 250.00 14,250,00 IP Water Service ea. 2 1 - 500.00 50i.00 Meter Connection ea. 58 58 - ?50.00 80700,00 Remove Concrete Pavement S.Y. 20 0 25.00 .00 Remove Curb 6 Gutter l,f. 30 30 10,00 300.00 Remove Concrete Drive y. 5 0- 10.00 .00 Asphalt Patch Type 0 ton 192 194.21 - 80,00 15,536.80 Concrete Pavement s,y. 20 0 - 35.00 ,00 Concrete Encasement c.y. 20 5 - 75.00 375.00 Concrete Curb 6 Gutter l.f. 30 30 - 15,00 450.00 Concrete Drives S.Y. 5 0 - 7,00 ,00 Sawcut Existing 1.f. 56 96 - 5100 480,00 Rock Clause c.y. 0 0 30,00 ,00 $95,029.30 Less 10% Discount -9)502.,93 Work Use, s 1w Total value of Work Perfozmed $85,526.37 ~ Days Used Materials on Hand .00 value of work to Date 85,526.37 Less: Aint. Retained 0% Do / ~q,.~rr Pad Vi Rr•r1e~~ Less: Previous Payments 78j865011 L7 5 6 S . 8 6 MANCE DUE THIS ESTIMATE $ 6,661 2¢ ~w UIMRrA CUNSfAUCTION 0*pAMI0 INC. P.O. Box 181 Collie, 'texas 7X!09 (214) 382-2123 PERIOUICAL EST IIMTE Fpi PARTIAIPAYfflI Periodical Estimate No Final Period 311186 To 5/30/86 City of Denton`-" Owner 1965 Utilities Address Denton CIP Section Typd of Project P 0 /71260 Estimated Contract Cost t y4~ ~,3 Description Unit Quan. Completed Unit Total To Date P 1 t Tulane St. Water Line Cast Iron Fittings lbs. 0 0 2.50 ,00 8" Water Main l.f. 783 783- 20.45 15,951.00 6" Cate Valve ea. 2 ' - 300.00 10000.00 Fire Hydrant ea. 2 2 - 1,050.00 2,100.00 3/4 " Water Service ea. 18 18 - 250,00 40500,00 Meter Connection ea. 18 18 - 150.00 2,700.00 Remove Concrete Pavement ;t.y. 8 20.22 - 25.00 505.50 Remove Curb 6 Gutter I.f. 15 15 10.00 150.00 Remove Concrete Dr. 6 Sidewl s.y 46 143.25 _ 10.00 11432.50 Asphalt Patch Type D ton 15 25.86 - 80,00 2,(368.80 Concrete Pavement S.Y. 8 20.22 35.00 707.70 Concrete Encasement coy. 6.7 0 - 75.00 .00 Concrete Curb 6 Gutter l.f. 15 15 - 15.00 225,00 Concrete Sidewalks soy. 13 0 - 27.00 .00 Concrete Drives soy. 33 143.25 _ 27.00 39867.75 Sawcut Existing l.f. 250 326.00 - 5.00 1,630.00 Rock Clause C.y. d 23.59 - 30.00 707.70 8" Gate Valve ea. 0 1 1 650,00 650.00 $38,195.95 Less 10% Discount -30819.60 lkf~\ 11 . Work Ua)s Total value of Work Performed J34.376.35 Days Used ~b materials on Hand .00 value of Work to Date 24,376,35""r Less: Amt. Retained 0 % .00 Less: Previous Payments 32.452; aA_. ~ E E y' 1~6 WgjoCL DUE THIS ESTIMATE 1,918.87 1~ DICIIRSDN CDNSMETIUM CUPANY, INC. P.O. Box 181 Celina, Taxes 7=9 (214) 382-2123 PERLQULCk ESI"tE F„~T1AL_Png"T Periodical Estimate No Fin`elPerlod 5/l/86 To 5/30/86 City of Denton Owner, , 19as 1 it t t ! ties Address QAnton Type of ProJeot P 0 /71268 Estimated Contract Cost ; N'/ S 1f, 13 ' Description Unit Quan. Completed Unit Total To Date Pr North Elm Sewer 8" Sewer Main PVC l.f. 1317 1317 ; 24.50 ; 32,266.30 Remove Concrete Drive & Sidewalk s.y. 18 47.37 10100 473.70 Asphalt Patch Type D ton 3 0 80*00 480,00 4' Manhole ea. 22 2 11350.00 " 20700.00 Concrete Driveway S.Y. 18 47.37 27.00 1,278.99 4" Sewer Service (W) ea. 19 14 150.00 21100.00 4" Reconnect (C) ea. 19 6 250.00 10500.00 Sawcut Existing l.f. 78 49 5.00 - 245.00 Break Into Existing Manhole ea. 2 2 500.00 - 11000.00 Rock Clause C.Y. 0 81,65 30.00 - 2,449.50 6" Sewer Service ea. 0 2 500,00 - 10000.00 $ 45,493.49 Less 10% Discount -4,549.35 Work Ow,s 250 Total Value of Work Performed .$4Op944.14 Days used 6 00 Materials on Hand . (ar1y,A►vr,t~c5 ve,~,~•,,v Value of Work to Date 40,944.14 Less: Aint. Retained __n.% M ~ ..7a 9 ,S - 8 6 3 - ~ 31' ,X4 ~ Less: Previous Payments t E BALANCE DUE 11415 ESTIMATE 4 + 0 94 ' 4' f~dx it z^ i •M~ i .Un y{Mi. X11 ,y~lY 7LL, 1"I ~•~-~yTy'~ . • . goo r•;I;w•r' • sa Awl 7ull i WATCRLM q :1:.±Zar,t1 r • ~ ~ 7 li i. WECT ` L.OCAT! S t i~~ " ,tip yt,' , i - A - .S'• ..fir .j _ ! III . . . i . . Y.. . ~ .~5.'=. ~ ,-J V SI.1.-A~t~Lu , ~L w •r 11-.^ . _ 1 LJ~ ~ r. :-t ti ~ r - a J~-- r ~i a _NU - ! is • .r -~aC99a;^ r• 1J .'i.-.~ ' t • j ` ,ice- ~z, 1•L. Lou Me" • • •fr, , . ~ , ,1 i 11 1 r ( I ~71 1/,.~ ~ ~t T- rL ,I'l 1• ~ it 1 -3- This is an approved 'FY 86 CIP project to install approxi- mately 3900 Lr' of 1()" Sewer Line on McKinney Street from Mack Place to Loop 288. This area is presently without sewer and the individual houses arc presenrly on septic tanks. Part of the cost of installing the line will be realized from pro rata reimbursement from customer tie-ins onto this line. Chairman Laney motion to approve the subject bid opening. Thompson second. All ayes, no nays, motion carried unanimously. -~7 5. CONSIDER FINAL PAYMENT TO Dl(;KLRSON CUNSTRUCTION IN THE AMOUNT UN 38 508, 53B 09557- 1986 SLCTIUN 8 CIP, WATIrk Nelson explained that the Utilities Staff recommends gproval of the lowest bid of the final payment to 0 ckerson Construction Co., Celina, Texas, in the amount of $38,5U8.53. According to Nelson the City Council awarded the bid January 70 1986, to the lowest bidder, Dickerson Construction, in the amount of $344,511.13 to replace the water lines on Bolivar Street, Tulane Street and Northridge Street and to ropiace the sewer lines on Bolivar Street and North b1m, as shown in the attachment. The contractor had completed the project and the city inspectors have accepted as being satisfactory. The actual construction cost Is, however, $371,249.351 that is $26,738.21 higher than the previously approved amount of $344,511.13. This is due to additional amount of materials that. had to be used to patch pavement, concrete drives and sidewalks. Additionally, separate services were provided to customers who were previously on the same service line. Additional work also had to be pertormed to meet field conditions which were unknown at the time of bidding. Nelson explained the fiscal impact of this project as follows: Previously Actual Con. Overrun Project Approved Cost (Underrun Bolivar St WL $1000572.56 $109,169.10 $80596.53 Tulane St WL 28,639.67 340376.35 50736.69 Northridge WL 88,178.85 85,526.37 (2,652,47) Bolivar St SL 86,743.80 101,233.39 14,489.59 N.hlm 1320 SL 40,376.25 40,944.14 567.89 $3449511.13 $3710249.3S $260738.21 l~1~ J .4- Chairman Laney motion to approve the subject final payment to Dickerson Construction Co. Second by Frady. All ayes, no nays, motion carried unanimously. 6• RLCFIVii INFURMATIUN IN CONNLCTIUN WITH~ fH UTILITY A ATE~JE-RT a Littlefield explained that he had examined the policy issue statements submitted by the board members. He stated that he was currently reviewing these documents for content and format and invited additional comments from Board members. Thompson stated that he felt that this management review process has been very beneficial and insightful. No official action was required on this item. •.I\N .InT ° 771,T 7'P a a rya 71 r y.•• : v ~IR'#9 R~'y'T^ ' TW Y August 5, 1986 CITY COUNCIL AGENDA TO: MAYOR AND MEMBERS Of THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT: Consider Final Payment To Dickerson Construction In The Amount; Of $100772.46, Bid #9592 - 1986 CIP Section G Water Lines. RECOMMENDATION: The Public Utilities Board, at their meeting July 23, 1986, recommended to the Council approval of the final payment in the amount of $10,772.46 to Dickerson Construction Company, Celina, Texas. SUMMARY: This project includes replacement of 850 LF of existing sabstandard 4" water line on withers with an 8" and replacement of 1700 LF of old 6" with an 8" water line on Frame Street, The contractor has successfully completed the work and the City has accepted for regular maintenance, This request is for approval of the final payment to the contractor. BACKGROUND: This is an approved FY 86 CIP program. The City Council awarded the contract to the lowest bidder, Dickerson Construction April 1, 1986. This project is in conjunction with the on-going street overlay/repavement program. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Municipal Utilities, City Engineer, and the Citizens. 4426U:7 .~Te^"j% ' j'.TY.F' Y$i` •FiA.°.v .w tS_ Tt'~°t~"y' i' . L,.R. Z. V P g FISCAL IMPACT: Replace keplace Total Frame Street Withers St. Water Line Water Line Previously Awarded Amount $76 500.00 $340293.SO $1100793.50 Actual Construction Cost 8,10.60 26.61S.00 -107,224.60 Total $ 39068.90 ^'otal Construction Cost $107,724.60 Previous Payments 9699S2,14 Final Payment Due lu.777'.4 (this request) Source of Funds: - Current Revenues 620-008-0461-9114 Prepared by: Respe !Tully, Srini Sundaramoorthy oy arre Civil Engineers City Manager Approved by: R, B. n Director of Utilities Attachments I Final Estimates II Location Map III Minutes PUB Meeting of 7/23/86 44260:8 I I J1 igrl* 11 ~I Vi w, it i ✓ ` t~ AMIL. I ~ ~ 11 r ~ y PROJECT LOCATIONS. an r ) I i IL ~I ~r ,r, ~rl •f, ~ .r~ ~ i w crrr or DiNroN DeNrom, ra"s Iwo CITY OF DENTON PE$IODICAL EATINATE !OR PARTIAL PAYMENT 817/564-82001 D/tW METRO 434-2520 Engineering Division 817/566-6358 Utility Department 817/566-8451 Periodical Estimate No. Final Period _07/0 /86 lTo 07/02/86 Contractor liricPg,;nn 4nU''J'UQ-r Co., Inc,- Addresg _P 0 Box 181 Celina, Tx 75009 Project Wi_ _tbers sl(~ Waterline Estimated Contract Cost S 34,293,50 CIP Section G Did No. P.O. No. 72715 No. Contract Work Days AD Days Used (0 I I I Unit 1 Quantity I Quantity 1 40f 1 I DESCRIPTION OF WORK I of I Original I Completed I Unit I Value 1 Item 1 _ ~J_. easure I Estimate j To Date I Prl e I of Completed I 1 I 1 ~ Work I 12.12.20-4 6" Waterline 1 1, f. 1 55 15 1 $ 25.0 $ 375.00 n 12.12.20-$ 8" Waterlim e 1 l.f, 1 804.5 I 755 I 23.00 17,365.00 i 1 12.12.8-Bf Cast Iron Fittings I lbs, I -0- 1 566 1 2.501 10415.00 12,13-A f 61' Valve f ea. 1 2 1 2 1 500.00 1 1 000.00 f 12.14 1 611 fire Hydrant 1 ea. 1 1 I 2 11,050.00 1 2,100.00 12.16-A 1 3/411 Water Service 1 ea. } 9 f 6 1 250.00 1 11500.00 i 1 12,16-8 1 V Water Service 1 ea. 1 2 I 1 1 350.00 1 350,00 1 12.16-C 1 2" Water Sercice } ea. 1 2 } 1 1 750.00 1 750,00 r 1 12,16-D 1 4 Water Service 1 ea. 1 1 1 1 1 650.00 I 650.00 13-B I Remove Curb & Gutter 1 1.f.1 16 1 2 10,00 1 20.00'' 1 13-C I Remove Walk & Drive I s.y. 1 145 1 -0- 10.00 1 L). 0C 15,7.6 I Asphalt Patch Type D I ton 1 5 1 8 I 80.00 1 640.00 ' 15,8 1 5 x 5 Concrete Pad I s,y. 1 1 1 -0- 100.00 f 0.00 / f 18.2-A I Concrete Curb & Gutterl l.f. 1 16 1 2 1 15.00 30.00 18.3 1 Concrete Driveway I S.Y. 1 142 1 -0- 1 27.00 1 0,00 I 183 -A 1 Concrete Sidewalk I soy. 1 3 f -0- 1 27.00 1 0.00 1 Isp-2 I Saw-Sut Existing I l.f. 1 200 1 4 1 5.00 20.00 1sp-6 I Rock Clause I c.y. 1 -0- 1 -0- I 30,00 1 0.00 4" Gate Valve I ea. 1 -0- 1 1 1 400.00 400.00 i' 1 i 1 I 1 f I 1 I 1 1 i I Unit I Quantity I Quantity I . r I DESCRIPTION of WORK I of r Original I Completed 1 Unit I of CValue f I It Me sur or irate T mPleted f + I I I P c Work r I I i I ~ I f I I i I I I i I I I I I j ~ i I I I ~ f I I 1 i I I I I i I 1 1 i 1 I I 1 I I I I I I I i I I I I I i I I I I I f 1 I I ~ 1 ~ I i I I I i I j I i I I i I ( I I i I I I I I I I I I I I I f I I I 1 I I I I I I I I I I 1 f f I I I I I I I ~ I I I r The undersigned Contractor certifies that all work, including materials and equipment on hand, covered by this Periodical Payment has been complet^.d or delivered in accordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previcras Periodical Payments were issued and received from the Owner, Ind that current payment shown herein is now due. CONTRACTOR D1Ckerson Construction Co, 7/2/86 9y Date Recommended for Payment, by: Total Value of Original Contract Performed $260615,00 Extra Work Performed - Shown Above or .00 Pr Jact napector Date Attached Statement 5~A Materials on Hand - Shown Above or CO .Insp ction Dept. Dute Attached Statement Total Value of work to Date $26,615.00 / Least Amt. Retained 0 e .00 Net Amount Earned on Contract Approved for Payment By: Lars Amount of Previous Payments $23rg53.50 BALANCE DUE THIS ESTIMATE $ 2,651,50 utility Dept, or City 2n9r. Date 1232J V ~ l'o'st ( wry o/ Dxmm ONNTON, rlixA# ?Sao CITY OF DENTON PERIODICAL ESTIMATE FOR PARTIAL PAYMENT 817/566-8200, D/FW METRO 434-2520 Engineering Division 817/566-6358 Utility Department 817/566-8151 Periodical Estimate No. Final Period 07/01/86 To 07/02/86 Contractor Dickerson Construction Co., Inc. Address P 0 Box 181 Celina, Tx 75009 Project Frame St. Waterline Estimated Contract Cost $ 76,500.00 p Section Sid No. P.O. No. 72715 No. Contract, Work Days _ 35 Days Used 30 ~I I I Unit 1 Quantity I Quantity I I Value I I I DESCRIPTION OF WORK I of 1 Original 1 Completed I Unit I of Completed i I item I 1 I Measure I 8tl ate To Datj A__ Pc Ice ]2,12,20-1 6" Waterline 10 75 1$ 25.001$ 10875.00 I 12.12.20-1 8" Waterline 1 1.f. 11550 1 1571 20.501 32,205.50 i I 12.12.8 1 8" 0,1. Water Pipe 1 1.f. 1141.5 1 141.5 1 30.00 4,245.00 12.12,8-81 Cast Iron Fittings 1 lbs 1 -0- 1 715 1 2.501 1,787.50 12.13-A 1 6" Valves 1 ea. 1 5 1 6 I 500.001 3,000.00 12.13-8 , 8" Valves I ea. 1 1 1 4 1 650.00 21600.00 / I 12.14 1 6" Fire Hydrant 1 ea. 1 4 1 4 1 1,050.00 41200.00 i! 2.16.-A 3/4" Water Service ea. 51 33 250.00 8,250.00 12.16-B j 1" Water Service 1 ea. 1 3 1 1 350,001 350.00 13-A 1 Remove Concrete Pavemtl s.y. 1 4 1 3 1 10,001 30.00 13-8 1 Remove Curb & Gutter IJ. 1 10 1 17.5 1 10.001 175.00 1 15.7-g I Asphalt Patch - Taype tan 1 150 1 136,02 1 50.001 10,881.60 1 15.8 1 concrete Pavement soy, 4 3 35.00 105.00 17.4 1 roncrete Encasement I C.. 1 13 1 !1,5 1 75.001 862.50 18.2-A I c.~~ncrete Curb & Gutter] I J. j 10 ~ 17.5 ~ 15.001 262.50 i • Isp-2 I Saw-Cut Existing 1 l.f. 1 25 1 26 1 5.00 130.00 Isp-5 1 15" Steel Casing 1 l.f. 1 46 1 40 1 120.00 49800.00 1 Isp-7 1 Meter connection i ea. 1 1 34 1 150.0050100.00 Isp-6 I rock Clause 1 coy, 1 3 1 0 1 30,00+ 0.00 1 i I Fire Hydrant Install. 1 ea. 1-©- 1 i 1 250:0G, 250.00 I I ! I 1 I ! I ~I I J I I I J, 1 I I I Unit I Quantity I Quantity I ( Value ~I 01 1 DESCRIPTION Or WORK I of I Original I Completed I Unit ( of Completed.) I Item 1 I I Measure I Estiete ( To Date I PiiCe ( KQrk I I i 1 I I I I f I I I I I I I I I I I I ! I 1 I I I I I I I I I I I I 1 I I I I I I I I I I I 1 i 1 I f 1 I I ► I I I I I I I ! I I I I I I I I I I I } I I I I I 1 f I I ( i I I I I I 1 I I I I I I I I l i I I I I I I I I I I I I I I I ! I I 1 1 I I I I i I I I I I I I I I I I I I k I I I I I I I I I I I I_ I 1 ..1_~_ I I 1 The undersigned Contractor certifies that all work, including materials and equipment on hand, covered by this Periodical Payment has been completed or delivered In accordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous Periodical Payments were issued and received from the Owner, and that current payment shown herein is now due. CONTRACTOR W okerson Construction Co.By Date 7/2/86 Recommended for Payment by: Total Value of Original Contract Performed $81ti09.60 l Extra Work Performed - Shown Above or .00 Project Inspector Date Attached Statement Materials on Nand - Shown Above or .00 Ins otion Dept. Date Attached Statement Total Value of work to Date 81,109.60 Less: Amt. Retained 0 1 ,00 Net Amount Earned on Contract Approved for Payment By: Less Amount of Previous Payments $720998.64 BALANCE DUE THIS ESTIMATE $ 8,110,96 Utility Dept4 or City Engr. Data 1232] EXCEK T PUBLIC UTILITIES BOARD KINUTES 7/23/86 CONSIDER !FINAL PAYMENT TO DICKERSON CONS'TRUC'TION IN THE AMU N'T' OF 1 2. 6 - DID F9-592, 19 6 C'IP SEC'T'ION G WA'T'ER LINES, Ham explained that the 8tsff recommends approval of the final payment in the amount of $10,771.46 to Dickerson Construction Company, Celina, Texas for conpl.etion of the $1070 724.6U Withers and Frame street water line projects. Frady moved to approve the final payment to Dickerson Construction in the amount of $100772,46. Thompson second. All ayes, no naya, motion carried. Mlt~ am of ,a N ron Do"", TWCAS Tom MEMORANDUM DATE: July Z5, 1986 TO: Rick Svehla, Assistant City Manager FROM; Roger McDaniel, Sr Engineer TRch/Inspections SUBJECT: Signal Bore Project We have received a final payment for the signal bore project. Attached is the overview of the project and a copy of the final payment. Please submit to council. Rog~r McDaniel Sr Engineer Tech/Inspections Is #0403H Q/ry Of Dw"* V OflY'rft, MAS 79801 MEMORANDUM DATE: July 24, 1986 TO: Pile PROM: Roger McDaniel, Senior Engineer 't'ech/Inspections Jim Gray, Project Inspector SUBJEC'T': Overview Signal Bore Project This project was awarded to Roy Willis Electric Company of Abilene, Texas in the contract amount of $21,970. The bid number was 9608 with the purchase order number 73558. A total of 30 working da;-s was allotted to complete the project. A letter to proceed was issued and was effective June 19, 1986. A total of 17 working days were used. The original purchase order price was $21,970, The actual cost of the project was $21,638 a difference of $332,UO The contract price and completed price difference of $332 was a savings of .015;, 01 oge r c ani'e, m ay Sr Engineer Tech/Inspections Project inspector is M0403E i 1 RECE' ' A % ~*4# H° .3567 INVOM OATX JULY 1891986 BOY wu= yC ~C` o P. O. !OX S*74 - 100i WALNUT ST. 4, N19 4'77.1401 AsIL ENC TEXAS 7440; CITY OF DENTON ATTNi JOHN J. MARSHALLt C.P.M. PURCHASING AGENT 901-B TEXAS STREET " DENTON, TEXAS 76201 W 4Mg11~M Pk"bW 10h 49 004* Im A W64, Taybw Crja*, To=& Cs pm dW 6mmom 4 dwN of j%% per Werth ("Sam wM a%) vm be amwo. Hy WI me, WORK DlsCRIPTION AMOUNT FINAL ESTIMATE TRAFFIC SIGNALr CONDU TNSTALLED BID X9608 A. WINDSOR/LOCUST SIGNAL $ 8,854.00 B. WELCH/EAOLE SIGNAL 5,142.00 C. AUDRA/MCKINNEY SIGNAL 71642.00 TOTAL, DUE 21,638.00 PREVIOUS ESTIMATES BILLED $ 14,666.40 TOTAL AMOUNT DUE $ 6,971.60 (BREAKDOWN ATTACHED) THANK YOU M SID so. 9600 isl-kndulto to NO* lrof*ots are listed below in the order they are to be purau*d. A. .Rll>1d~r/LOCUSt ~~4n.: 1 TLM , DESCRIPTION - QUANTITY UNIT3• Rigid conduit and bore 1 I LF I S 20.00/LF 1 ,r.,. 2 1 Pull box (Traffic BA I s 250.00/RA 1 1 3" PVC conduit (electrical I ► I I between Dull boxes) I I L! 8.00 ! i AOCesMories (pull wiresr 1 1 lump I I 400 be di barricade-at sum Ohs I WORK DAYS - 10 days PROJECT TOTAL ■ 1 e. Nye hAAGle 81cnal ITEM -OCRIPTZON I QUANTITY UNIT UNIT PRIcs SAL I I 1 1-31 -R& d conduit Ind 73 I LP I i 20.00'Lr I 1460.00 3 Rigid conduit I I I 2 I ( open cut) ) 111 .r.OV.F.1 11100 -•-----I LP-,- 1--~ 1... 0 I I I f 3 ? Pull box (Trattia) 1 4 I EA 1 250n"a j 1000.00 1 Accessories (pull wires$ I _ I lump 900 bens ba es eta LS 1300. Ws 1 1300.00 11; N12UPEI;~nJE11TRIUAL 34 i LF 8.00; LF M.00 5142,00 Co Aud[M/McKinn Y Bicnsl ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 31 Rigid conduit and bore I I f I r~ (Quantity has been paddedl I I 1 _ I _ too_-y*j state Changlo) I I LF I S 20 Oft? 1 3' Rigid conduit 1 I I I 2 1 (oven cut) ! I Lr (S 10.09W 1 I f I E I ~_1 t 3' PVC co~du~t ( ~iT I S 8.0 j I I ) I py3l box (Trattigl I I EA I X0.0 SA I Accessories (pull wires► I I lump I I --r•... 3 1 500 bsnd~sh barrig"eseto)L. I SUM ...I .J.1300 0010-Ay......._.r„", I Concreta replacement and I I 1 I ._anew&l I 4 sY I 50.0903Y 20010 0~ WORK DAYS - 10 days PROJECT TOTAL ■ 4 200.00 01l3e P-3 Projects are listed beleow in the order they are to be pursued. A. Windsgr/Lggust signal ITEM DESCRIPTION QUANTITY UNIT UNITPRIC~TOTAr4 1 1 30 Rigid conduit and :)ore 1 257 1 LP I S 20.00 /%r I 51110.00 2 1 Pull, box(Tra,1l10 t 7 1 BA 1 j 250.00/1A 1 1750.00 1 30 PVC conduit (electrical I I 3 I; b2110f ,}-gul~xea) L83 1 Lr I E~ r 1 664.00 I Accessories (pull wires, I...__ - I.____ 4 1 900 bends, barricades, etc)I LS u l sum I E 1309*00/L6 1 1300.00 WORK DAYS - 10 dRy'J PROJECT TOT" . ; 8854■00 so Holgh/14010 signal ITEM D68CRIPTIOti QUANTITY UNIT UNIT ~AIC'TOTAL+ I I l: I I _13• R•tgid conduit and bore 1 I L! I >f 20■0VLr I 13' Rigid conduit -_3 1 (open cut) I I Lr I d 10.09%r j { I I " l P 1 boX T (Tralgig) ! r - I BA I_ 1, 250.- VVVA - I Accessories pull wires, I 1 lump I I L...-.U.00 bandog bar agog: f$c) 1 su J.,A 1300&Rs 1 WORK DAYS - 10 days PROJECT TOTAL ■ $ Co Audra/MoKin S„an, 1 T DISCIUMON QUANTITY NI I P 1 3' Rigid conduit and bona I (Quantity has been paddedl 1 I to cover state chances) 1 188 I Lr f 20.0 3760.00 13' Rigid conduit I I I -1_ I - (°nen cu fir, 1 119 1 Lip (S 10.09%r 1 ' 1190.00 3 1 30 PVC conduit I, ?Ih! 1 i 9I042 j 192.00 mftv~ 1 1 1 1 1 4I Pull box (Tcalf io) ~1~ 4 1 BA I B 250,001A 1 1000■00 I Accessories (pull wires, I I lump I I S 190• beadit M111codes, ate)] L8.. I sum I s 1300.0 11300.00 I ■ r i ■r ■.r~w Concrete replacement and I I 1 I i 1 renewal I I $Y 1 8 50■Oby I WORK DAYS - 10 days PROJECT TOTAL ~ 1 7442.00 Oli3e P-3 0923L NO. AN ORDINANCE ACCEPTING COMPETITIVE 8I1)& AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPM$,STO SUPPLXES 09 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 Lhe 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 Proponalss' 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 i:erein; 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 kq(EREAS, Section 2.09 of the City Charter requires that every act of Clio Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordir•.ince; 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 to the "Bid Proposals' sttached hereto, are hereby accepted and approved as being the lowest responsible bids for such itemst BID ITEM NUMBER NO. VENDOR AMOUNT 9635 1 WORK-N-HANDS 1 10,800.00 oRSa l;y ~FUFRII ri Rr~G cI~ y 1?G.nfS~1.0A 4610 12-3A prgatur a-yppy a.nnn nn SECTION 11. That by the acceptoice and approval of the above numbered items of the submitted 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, Did Proposals, and related dociinents. SECTION III. That should the City and persons submitting approved accepted items and of the subaitted bids wish to eater into, a PAGE ONE w:j .i ^..a,. rp wi...._.. ~..J....,.r..a . .«.rw.-~iw... ....rrr.. _ f.,... I O CTION IV. That upon acceptance and approvel of the above competitive bids and the exec.stioa of contracts for the public works and improvements as eutiortzed herein, the City Council hereby authorizes the expenditure of funds in the manner and in the mount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance -hall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986 ay p ens KATOR CITY OF DENTON, TEXAS ATTEST: , CHEMME ALLEN CITY 39MMMY CITY OF DENTONOtTEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCHO CITY ATTORNEY CITY OF DENTON~ TEXAS BY: PACE TVO m : ..K,. . ..r.. r.rr.._ ....a.~wr.w«r~+Fa war.»w., ~ . - _ . r . , i w . a_ r a DATE: August 5, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BIDN 9635 PURCHASE OF METAL STORAGE BUILDINw onI~ DA I : We recommend this bid be awarded to the low bidder, Work-N-Hands to construct the 25'x4O' 1000 sq. ft, storage building. ,1500,00 SSIlN~M~Y: This is for the construction of the afore described building as~fied for a storage facility for the Municipal Laboratory located at the Wastewater Treatment Plant, >!KORO1AiD: Tabulation Sheet Recommendation from Howard Martin, Municipal Laboratory PR0GRANS9 DEPARTM£NTS_OR GROUPS AFFECTED: Storage of files, etc. necessary to keep in conjunction with the Water Laboratory work. FISCAL IiipACT: There is no fiscal impact on the general fund, Acct# 620-008-0480-9101 1986 B.F.Y. Res lly submitted: Lloyd Y. Harrell City Manager Prepared by: Name: John J,'Marshall, C.P,M, Title: Purchasing Agent Approved: -05 /M+? John J. Marshall, C.P.M. Titles, Purchasing Agent I 1 I I I I DID 1 9635 1 WAYNE I FRED I C. N. I. I DAVID I SOUTHNESI I WORK-N- I BID TITLE STORAGE BUILDINS I ALLEN 1 HUBNIK I BUILDING i DUFFIELD I INDUSTRIAL I HANDS f OPENED 7/8/06 2100 P,M, I I MUDDAUBER I 5,61EM5 I ICDNBTRUL:ION I 1 ACCOUNII I ICONBTRUCIIDN I I # I I I # 1 I I I 1 ..I-------------I-----...------I-- ----------I-------------I----_.-..----I.............. 1 1 DTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR ._..I...._._._I-------------------------I-------------i-------------I-._...-------I------------- I-------------I------------- I I i I I I I I 1 I 1. 1 1 11000' STORAGE BOILDINO 1 12,500 00 1 13,128,00 1 13,396,40 1 16,648,50 1 14,569.00 1 10,800,00 I I I I I 1 I I I I I I I 1 I I I I I I I COMPLETION TIME I 6-B WK 1 14 DAYS 1 30 DAYS 1 42 DAYS 1 45 DAYS 1 7 DAYS I I 1 I I I I I I 1 I I f I I I I I I 1 r I i s n Fed~'1,.r..w .RrrY iewaNrGAr. Y'M w+ i~ i ♦ 4 f \ rFT ~ _ CnYof DEN700, rRX" AWN1CIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.Sm MEMORANDUM TOi Tom Shaw FROMr Howard Martin DATEo July 17, 1966 REs Metal Storage Building I have reviewed the bids submitted for the construction of the metal storage building at the laboratory. I talked with the people at Mork-en-Hands and inspected some of their building projects . They appear to be capable of constructing the metal storage building and I recommend that they be awarded the contract for this project, If you have any questions or need additional information give me a call at 566-6327, filet storage RATE: August 5, 1986 CITY COU - L REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager .SUBJECT: BID #9639 Meters, Current Transformers and Meter Sockets R_ECOf UMTIOM: We recommend this bid be awarded to the lowest bidder meeting specifications as follows: Item 1-19 Electric Meters to G.E. Supply - estimated cost 151,000.00 Item 20-31 Current Trans. to G.E. Supply - estimated cost 23,000.00 Item 32-36 Meter Sockets to Priester Supply- estimated cost 9 000.00 TOTAL 1$31000:5 ..Y= This bid is for the annual supply of electric meters, current transformers and meter sockets, They will be ordered as needed to replace warehouse stock. = Tabulation Sheet' _PR0W=t DEPARTNEXTS OR UMPS. AFFECTED: Electric Metering and Substations and Warehouse Inventory. FISCAL IMPACT: 1985/86 Budget funds working capital account #710-004-0582 8709 Electric inventory supplies. Respec Ally submitted: Lloyd V, Harrell City Manager Prepared b s Rose: Tom Shaw Title: Assistant Purchasing Agent Approved: ~714 "x lam' M~me! John Marshal'. 71t)~; Purchasing Agent 1 I i 1 I I I I BID # 9639 1 NELSON I NESCO 1 CUMMINS I PRIESTER I TEMPLE I POLELIK I GENERAL I BID TITLE ELECTRIC METERS 6 SOCKETSI ELECTRIC I I SUPPLY I SUPPLY I INC I SUPPLY I ELECTRIC I OPENED JULY 22, 1986 2100 P,M, I SUPPLY I I I I I I SUPPLY I ACCOUNT# 1 CO I I 1 I I I I I I 1 I I I I I I------------- 1------------- I-------------I------------- I---...--------I------------- I 1 I DIY I HEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR i VENDOR I VENDOR I VENDOR I - -I-- ----I-------------------------I-------------I-------------- I------..__._..-I .....---------I------------- I------------rl------------- I I I I I i i I 1 I I 1, 1 1 ELECTRIC METERS 1 37,70 I 33.98 1 35,10 1 38,10 1 37.40 1 34.98 1 32,17 1 2, 1 1 ELECTRIC METERS 1 29150 1 29,35 1 29,75 1 33,00 1 32,00 1 29,95 1 28.35 1 3. I I ELECTRIC METERS 1 127,50 1 121.15 1 !'10,60 1 128,00 1 130,00 1 116.99 1 114.35 1 4. 1 1 ELECTRIC METERS 1 146.30 1 137.98 1 138,00 1 147.90 1 152.00 1 134.96 1 133,11 1 5. 1 1 ELECTRIC METERS 1 235.25 1 158.53 1 222.40 1 237.70 1 174,00 1 215.93 1 192.95 1 6, 1 1 ELECTRIC METERS 1 256,15 1 261.03 1 253,90 1 271.10 1 293.00 1 246.01 1 257,09 1 7, I I ELECTRIC METERS 1 240.40 I 233.68 1 227.30 1 242.95 1 243,00 1 220,69 1 213,57 1 8. 1 1 H ECTRIC METERS 1 280.45 1 228.90 1 265.00 1 283,40 1 144.00 1 257.09 1 214,03 1 9. 1 I ELECTRIC METERS 1 287,50 1 279.62 1 271.75 1 291.00 1 291,00 1 263.42 1 255,27 1 10, 1 1 ELECTRIC METERS 1 254.40 1 247,20 1 240,50 1 157.00 1 272,00 1 233,34 1 136.49 1 H. I i ELECTRIC METERS 1 254.40 1 247,20 1 240.50 1 257.00 1 272.00 1 242.34 1 238.49 1 12. 1 1 ELECTRIC METERS I 311.85 1 303.00 1 294.70 1 315.00 1 332.00 1 295.51 1 291,30 1 13. 1 1 ELECTRIC METERS 1 311.85 1 303.00 1 294.70 1 315100 1 332,00 1 285,57 1 291.30 1 14. 1 1 ELECTRIC METERS 1 230,00 1 223.52 1 211.50 1 232.00 1 246,00 1 221.20 1 215.66 1 15. 1 1 ELECTRIC METERS 1 230.00 1 223.52 1 217.50 1 232,00 1 246.00 1 221.20 1 215.66 1 16, 1 1 ELECTRIC METERS 1 275,30 1 261,47 1 260.30 1 278,00 1 295,00 1 259.36 1 259.06 1 H. I I ELECTRIC MIER$ 1 142.65 1 75.62 1 134.70 1 144.00 1 75.50 1 130.94 1 66.15 1 18. 1 1 ELECTRIC METERS 1 273.55 1 272,04 1 258,60 1 276.40 1 276,00 1 253.77 T 242,22 1 19. I 1 ELECTRIC METERS 1 36.45 I 36.24 1 34.25 1 37,00 1 39.50 1 33.69 1 34494 1 20, 1 1 CURRENT TRANSFORMERS 1 28,65 1 26.00 1 27.20 1 27,53 1 28,00 I 27.17 1 24,59 1 1 21. 1 1 CURP2NI TRANSFORMERS 1 29.25 1 26.00 1 21,70 1 28.00 1 28.00 1 27.68 1 24,59 1 22, 1 1 CURRENT TRANSFORMERS I 38.60 1 36.00 1 36.50 1 31.00 1 28.00 1 36.16 1 24,25 1 23. 1 1 CURRENT TRANSFORMERS 1 39.60 1 36,00 1 36.50 i 31.00 1 36.00 1 36.16 1 33,53 1 24, 1 1 CURRENT TRANSFORMERB 1 59.10 1 5+7.00 1 56.00 1 55.00 1 58100 1 54,87 1 51,43 1 25. 1 1 CURRF,NT TRANSFORMERS 1 59.10 1 54.00 1 56.00 1 55.00 1 58.00 1 54.87 1 51,43 1 26. 1 1 CURRENT TRANSFORMERS 1 59.10 1 5'x,00 1 56.00 1 55.00 1 58.00 1 54.87 1 51,43 I 27. 1 1 CURRENT TRANSFORMERS 1 59,10 1 54,00 1 36.00 1 55.00 1 58.00 1 54.81 1 51.43 1 28. 1 1 CURRENT TRANSFORMERS I 59,10 1 54.00 1 56.00 1 55,00 1 58,00 1 94.67 1 51.43 1 29. 1 1 CURRENT TRANSFORMERS 1 59.1) 1 54.00 1 56,00 1 55.00 1 58.00 1 54,81 1 51.43 1 30, 1 1 CURRENT TRANSFORMERS 1 62.85 1 58.00 1 59,45 1 60.50 1 58100 1 59,13 1 $1.43 1 i 31. 1 1 CURRENT TRANSFUMER9 I NO 1 62,00 1 NB 1 63.15 1 62.00 1 MB 1 55,41 1 32, 1 1 METER DOCKETS 1 73,00 1 1 71.05 1 66.05 1 92.00 1 NB I N8 I 33, 1 1 METER BUCKETS 1 25.25 1 1 25,00 1 52.80 1 81.00 1 NB 1 11.09 1 34. 1 1 METER BUCKETS 1 014,40 1 NS 1 97.65 1 90.80 1 38.50 1 NB I N8 I 35. 1 1 MEYER SOCKETS 1 148.10 1 NR I 145.80 1 152.65 1 70.20 NB I NB I 36. 1 1 METER SOCKE78 1 362.45 1 414.00 90 1 166,75 1 381,00 1 NO I Ni I i Imo.. Y~~ r.. 1 1. n++Mhr I ~Ir+ i.l «fvh!MIwM. p1.~nW 1 1 ~fiAQfi ~r~ q CITY or unoN v7~~rn~tt :rl3M0 RANDLIM ~~~~~a•"~-',~~Y+~~rr~.r~r.-war.r~rrir~~~r~~~r.~ww~~r.r~~~~~~~w.n .rr r~..r.~.-....-r.r rte.-~~~.. TOs Tom D, Shaw, Assistant Purchasing Agent FROM$ John Gandy, Foreman, Metering 6 Substations DATEi July 23, 1986 SUBJECTS Bid 09639 - Meters, CT's, and Sockets It is our recommendation that Bid 09639 be awarded as lollowst r Items 1 - 19 Meters G.E. Supply Items 20 - 30 CT's G.E. Supply items 32 - 36 Sockets Priester Supply These items to ordered to replenish Warehouse stock on an as needed basis. Jolbw D C./ a: ` NO. ;s AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited received and tabulated competitive bids for the construction of public works or improvements in accordance with the protedures of state law and City ordinances; and WHEREAS, the 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 1. That the fallowing competitive bids for the construction of public works or improvements, as described in the "Bid Invita- ticls", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: U7D NK UMBER CONTRACTOR AMOUNT 9630 CALVERT PAVING fI~2.818,20 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 specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION 111. That the City Manager is hereby authorised to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms oonditiona plans and specifications, st%ndsrds, quantities and specified sues contained therein. PAGE ONE SECTION IV. That upoc. 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 authorizer the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORNs DEBRA ADAMI DRAYOVITCHj CITY ATTORNEY CITY OF DENTOMt TEXAS BY: PAGE TWO August 59 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL PROM: Lloyd Harrell, City Manager SUBJECT Consider Proposed Pro Rata Agreement with Holbert-Wyatt Addition, Owner Holbert-Wyatt Volkswagon Inc., 419 South Elm, Denton, Texas, and/or their Assigns for a New Water Line. RECOMMENDATION The Public Utilities Hoard, at their meeting of June 10, 1986, recommended to the City Council approval of this pro rata agreement, SUMMARY In order for Holbert-Wyatt Addition to recover some of their expenses for construction of the offsite portion of this water line, an offsite pro rata agreement is required per Article 4.09 13-3 "pro rata reimbursement due developper", subdivision regulation, City of Denton. There will be approximately 850 L,F, of offsite water line subject to this pro rata return. The proposed water line will provide access to water service for other future developments along the offsite portion of this line. BACKGROUND The proposed development is located on the north side of Hwy I-35E, approximately S00 feet east of Pockrus Road with the proposed water line extending from west of Pockrus Road to and across development frontage on I-35B service road, PROGRAMS, _DEPARTMENTS OR GROUPS AFFBCT13D Denton Municipal Utilities, present/future Developers, Legal Department, 4357U:3 ,s FISCAL IMPACT No cost to the City of Denton. Prepared by: Res tfully, ubami d: o are , City anager David Ham, Asst. Director Water/Wastewater Divisions Approved by: A. R. b. Nelson Director of Utilities Attachment I- Water Main Pro Rata Reimbursement Agreement with Exhibits II- Minutes PUS meeting of 6/10/86 4357U:4 14S2L M THE STATE OF JPXAS I MATER MAIN PRORATA REIMBURSEMENT = AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON S AND HOLBERT-WYATT VOLXSMAGON, INC. WHEREAS, Holbert-Myatt Volkswagon, Inc., hereafter referred to as "Developer," whether one or tore, whose business address is 419 South Elm. Denton, Texas 76201, wishes to develop and improve certain real property located within the City of Denton, Texas or its extraterritorial jurisdiction and is required to provide such property with adequate water service by designing. constructing and installing a water main; and WHEREAS. the City of Denton, a municipal corporation located at 21S E. McKinney, Denton, Texas 76201, hereafter referred to as "City " in accordance with its ordinancesq may reimburse Deve- loper for the costs of the water main designed, constructed and installed by Developer based upon prorate charges paid to the City by persons connecting to such water main; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows; • 1. Developer will design, install and construct, at no cost to the Cityy, a water main of a minimum inside diameter of eight inches (811), and all necessary appurtenances thereto, hereafter referred to as "facilities,' extending a total distance of approximately eight hundred and fifty linear feet (8501), as shown on Exhibit 111,11 attached hereto and incorporated by reference. 2. Prior to beginning construction Developer shall enter into a Development Contract, as required by Appendix A of the Code of Ordinances of City. This agreement shall be subject to and governed by such Development Contract, which is incorporated herein by reference, and any other applicable ordinances of City. 3, Prior to beginning construction of the facilities, Deve- loper shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements, If easements are needed, the deeds therefore obtained by Developer shall be re- viewed and approved as to form and substance by City prior to the beginning of construction, If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evi- dence of negotiations and reasonable offers made to the effected property owners. Any easements for the facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title, TV, a d. The estimated cost of the design, construction and instal- lotion of facilities, as determined by public bids on the same or similar pr jects, on a per linear foot basis, is $21.50 per ; linear foot or Eighteen Thousand Two Hundred Seventy-five and Nu/100 ($18,275.00) for the estimated eight hundred fifty linear feet for the facilities. S. Within thirty (30) days of the acceptance of the facil- ities by the City, Developer shall submit to the City's Director of utilities the actual cost of the facilities. To determine the actual cost of the facilities. City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or oubcontractors and shall have the right to require Developer to submit an necessary information, documents, invoices, receipts or other records to verify the actual cost of the facilities. The Director of Utilities shall review and verify the actual cost of the facilities and certify the allowable reimbursable cost and the date facilities were accepted, which certificate shall be attached hereto and be incorporated herein by reference. 6. After title to the facilities have vested in the City, the City shall collect a prorata charge from any person con- necting to the facilities in accordance with the provisions of Appendix A of the Code of Ordinances of the City. Within thirty (30) days of the receipt of such prorata charges the City shall transfer such amount collected to Developer. 7. The City shall transfer to Developer prorate charges col- lected for a period of time of twenty (20) years from the date facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Developer an amount of funds in excess of the certified cost of the facilities. 8. The parties hereto recognize that the facilities subject to this Agreement are necessary to provide water service the Developer's property. Should the City decide that it wishes to participate in the cost of funding a water main that would provide greater water capacity then the facilities Developer is required to install, the Developer and City may enter into a separate Water Main Participation Agreement to provide for the sharing of cost of such oversized main. If such agreement is entered into, the actual oversized water main to be constructed shall be governed by such agreement, but the prorata charges to be collected and transferred to Developer shall be based on the terms of this agreement, as though the facilities subject to this agreement were installed. 9. The prorata charges to be collected by the City and trans- ferred to Developer in accordance with the ordinances of the City and this agreement is intended to reimburse the Developer for the WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BriTWhEN THE CITY OF DEN,rON AND HOLBERT-WYATT VOLKSWAGON, INC./PAGE 2 Developer's coat of the facilities b requiring persons to such €acilities, and benefiting thereby, to - g b Y~ participate in the cost f such facilities. This agreement shall not, be ; considered to impose any obligation or liability upon the city to pay for such facilities from its general revenues, bond funds or any other revenues it may receive, except for those prorata funds received from persons connecting to such facilities, 10, Should any court of competent jurisdiction determine that all or part of the City's ordinances on which the prorata charges to be paid to developer under this agreement are based are found to be unlawful are invalid, the City may cease to charge or collect such prorata charges for connection to the facilities and will have no further obligation hereunder. 11, All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for the City at the address given above. 12. The Developer shall indemnify and hold the City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or persons occasioned . by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, inviteest contractors or other persons with regard to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect the City against any and all such claims and demands, 13. This instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained herein, This agreement shall supercede all previous communications, representatlv;ns or agreements, either verbal or written, between the parties hereto. 14. This agreement shall not be assigned by Developer without the express written consent of City. 15. Any and, all suits for any breach of this agreement, or any other suit pertaining to or arising out of this agreement, shall be brought and maintained in a court of competent juris- diction in Denton County, Texas. 16, This agreement shall be effective for a period of twenty (20) years from the date facilities are accepted by City or until Developer has been paid all allowable reimbursable prorata charges for the facilities, whichever occurs first; provided, however, should Developer fail to begin substantial construction of the facilities within one year from the date of this agree- ment, this agreement shall terminate. MATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND HOLBERT-WYATT YOLKSWAGON, INC./PAGE 3 ~ . ° P f L A~'~TL • Executed his the ~l4day of _ t1 v I,~_, 1986. HOLBERT-WYATT VOLKSWAGON, INC. DEVELOPER B Y ATTEST: Z47" SHIERETARY CITY OF DENTON* TEXAS BY: CITY MANAGER ATTEST: MLOTTE , CITY T CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND HOLBERT-WYATT VOLKSWAGON, INC./PAGE 4 HOLBERT-WYATT ADDITION EXHIBIT 1 ',OFF SITE OVERS14W6 LINE 8' to IS* U on ~ 1 n I u D I I • Y I ~ P l 1 1 \ i 11 r 1 an ` 1 •'1 p I ,I 1 +•~1yn j ' 1 I / I I I i ~.1 ail I r •ta' I 1 1 i ~ eos I S o l 1 • i 1 • I I J 0 JI'~ ~ 1 r ~ _J ~ e ~ i OVERSIZE +nw. ' MXBERT- W YATT EXHIBIT 2 ttlfCillOM MU or T" 0= 1 RDN thQwO 1M11+ker iarv Ft kensgen0 Ise. is tAo *ON 61 a tract of land situated is the 01/oen binikar Ssrwy Abstract Ise" 1=. being shows by daw to Nolbart-b'yatt tolkawypo Inc ad for oiosl maid tract ded pap 7550 Real Property Records of Denton ~tr$ being more 15131 doscribod of fellers, Ta:uO and RNis""O" for the assth earlier of the tract M sail Conner bofag tlw oosth corner of said Na1M dvy4tt tr at s !thee corner post, act rtheaerl right-of-wey of Interstate Highway 3590 said career at" being thetwestncorner of a tract show by deed to Mark Cobb end retarded is Vol Records= wro 4760 pit 635 of acid Deed Thence North 49 degrees 57 minutes 00 Woods West With said right-of-way line and the southwesterly line of amid Nalbort-Myatt tract a distaste of 691.89 feat to a fence corner post, raid career being the west corner of Nolbort-Wyatt tract and the south corner of a tract shown by lead to H.W. Pockrus and recorded in Volume 358, Pap $03 of said Deed Records, Thence North 41 degrees 59 ainwtas 46 seconds Fist a distance of 289,90 feet to a tenet corner Pont on the month lint of a tract shown by dted to Lone Star Gas Coepaay, Volume 3530 Pop 177 of said Deed Recorda, These* South 63 degrees 07 siestes 09 oaeads goat with a berth line of said Holbert- 4s3t37 fee tto 4(oncee caarrs*rl~taf said Lone Star Cam Company tracts distance of Thence North 61 degrees 21 ofaute's 16 seconds fast a diatshce of 99.33 feet to a fence corner poet en the south right-of-way of the M.K. L T, Railroads These* South 33 degrees 18 minutes 58 seconds teat with the south right-of-woy of said NJ, 1 T, Rallrood a distance of 205.77 teat to a face& corner post, said corner being the east corner of amid Nolbort-Myatt tract and the north corner of said Cobb tract, Theme South 42 degrees 56 sinutes 13 sotonla West with the east line of said Holbert-Wyatt tract and the west line of said Cobb tract a distance of 434.05 feet to the Point of Beginning and containing 6,114 acres of land, "i THFAEFORl. *XMOW ALL MEN BY THFS9 PRESEW: THAT Yolbart-Wyatt Volkswagen, lac, does hereby adopt this plat designating the herein described property am Holbert-Wyatt Addittoo, block 1 to the City of Denton, Denton County, Texas and does hereby dedleato to the public use forever the streets end taaements for the sans purpose and consideration expressed hereon. A. . Watt i r EXCERPT FK M PUBLIC UTILITIES BOARD MINUTES JUNE 10, 1985 8. CONSIDER PROPOSED PRO itAU AGKLEMENT WITH HO"EKT-WYATT ADDITION OWNYA HOLBERT ATT VOLKSWAGON INC. D OH TEXAS AND 0 THEIR ASSIGNS FOR A NEW WATLR LINE. Has explained that the Utilities Staff recommends to the Public Utilities Board approval of this pro rats agreement. According to Has, in order for Holbert-Wyatt Addition to recover some of their expenses for construction of the offsite portion of this water line, an offsite pro rata agreement is required per Article 4.09 B-3 "pro rata reimbursement due developer", subdivision regulation, City of Denton. There will be approx- imately 850 L.F. of offsite water line subject to this pro rata return. Ham stated that the proposed water line will provide access to water service for other future developments along the offsite portion of this line. The proposed development is located on the north side of Hwy I-35E, approximately 5OU feet east of Pockrus (toad with the proposed water line extending from west of Pockrus Road to and across development frontage on 1-35E service road. According to Ham, there is no cost to the City of Denton. Coomes motiou to approve the proposed pro rata agreement. Frady second. All ayes, no nays, motion carried unanimously. DATE: August 5, 1986 CITY COUNCIL ff"g TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# %30 C.I.P. UTILITIES SECTION C RECOMIMTi0 . We recommend this bid be awarded to the lowest bidder, combination of Items 1 6 2 for the total of $172,816,20, Calvert Paving, The Utility Department and the Public Utilities Board has reviewed this bid and have approved this award. Y: This is for the installation of Congress and Magnolia waterline as a part of Capital Improvement Plan. BACKGROUND: Tabulation sheet Recommendation of the Utility Staff and Public Utilities Board PR0GRAMo DEPARTNEIM OR GROUPS AFFECTED: Water & Sewer Utility - CIP Funds allocated. FISCAL IMPACT: There is no impact on the general fund. C.I.P. Funds allocated. Respec Ily submitted: Lloy V. Harrell City Manager Prepared by: Name John-'Marshall, CP.M: 'Title:Purchasing Agent Approved: --7 Naaie: J Marshall, C.P.M. Tit1@;Purchasing Agent ,r ! I I I ~ ! BID I 9630 I DICKERSON 1 CALVERI :L.E. DELEKTA I C& W 1 CIRCLE C I BID TITLE CIP UTILITIES SCCTION C ICONSTRUCTION I PAVING 1 1 UTILITY :CONSTRUCTION I OPENED JUNE 24, 1966 2:00 P.N. 1 CO i CO 1 I I COMPANY 1 ACCOUNTI I i 1 I J J i i 1 I I I ' --------------------------------1-------------1-------------I-------------I-------------I-------------I I I QTY I ITEM DESCRIPTION I VENDOR 1 VENDOR I VENDOR I VENDOR I VENDOR I I I I -------------•I I I I I I, 1 1 ICONBRESS WATERLINE I 118,614,50 1 90,960.58 1 135,175,00 1 164,602.50 1 1111831.50 I I J' 1 I I I J I 2. 1 l IMAGNOLIA WATERLINE 1 91,390.00 1 B1,S55,62 J 129,180.00 1 1511925.00 1 108,161.00 1 I I I ! I I I I 3. 1 l :CONGRESS WATERLINE ALT, 1 441,922.00 1 1011123.24 1 150,608.00 1 185,938.00 1 121,231.50 1 I I I I I I I I 4, i 1 1119 2 COMBINED 1 210,004.50 1 172,816.20 1 264,355.00 1 316,527.50 1 219,992.50 1 I I i I I 1 I I 5. I I 111EM 2& 3 COMBINED 1 233,312.00 1 18Bt978.86 1 219,786.00 1 337,863.00 1 229,392.50 1 I I I I I I I I I I i I I I I I I I BID BOND I YES I YES I YES I YES I YES I I 1 1 I I i I 1 I I I I I I I i, e ,z •i d J Iy. ('7 :Ir w ,~z t , .3-~^~ ~ ~f,•.~°' ,~'~+r rj air.; August 5, 1986 CITY COUNCIL AGENDA TO: MAYOR AND MEMBERS OF THE CITY COUNCIL PROM: Lloyd Harrell, City Manager SUBJECT: Consider Bid Opening Bid #9630 - 1986 S6ctton C CIP, Replace Congress and Magnolia Street Water Lines. RHCOMMENDATION: The Public Utilities Board, at their meeting July 23, 19860 recommended to the Council approval of the lowest qualified bid of Calvert Paving, Denton, Texas, in the amount of $172,816.20. SUMMARY: Bids were opened June 24, 1986 and the results are as follows: Congress St. Magnolia St. Total Water Line Water Line Calvert Paving, Denton $ 900960.58 $ 810855.62 $172,816.20 Dickerson Constr., Celina 118,614.50 910390.00 2109004.50 Circle C Constr., Pt. Worth 1110631.50 108,161.00 219,992.00 L.E. Deletka Inc., Plano 1.)5,173.00 1299180.00 264,355.00 C $ W Utility, Desoto 164,602.50 1519925.00 316,S27.S0 BACKGROUND: These are approved 1986 CIP projects. On Magnolia Street, approximately 3,000 LP of existing 6" water line is to be replaced from Hinkle Drive to Bolivar Street with an 8" water line. The existing water line is deteriorated beyond normal maintenance. The Congress Street water line involves replacement of approximately 3,000 LP of existing, subsized 4" water line with an 8" water line. This is n conjunction with the on-going street bond program and the replacement is recommended at this time, well in advance of the scheduled overlay/paving of Congress Street next year. The replacement is from Oakland Street to Denton Street on Congress. 4426U:S fx~47" F7; PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Municipal Utilities, City Engineer, and the Citizens. FISCAL IMPACT: Recommended 1986 CIP Award Budgeted Amount Replace Congress St. Water Line $900960.58 $93,000.00 Replace Magnolia St. Water Line 819855.12 89,000.00 Source of Funds: Revenue - 620-008-0461-9114 Prepared by: Respe fully, Srint Sundaraumoorthy oy arre Civil Engineers City Manager Approved by: r R. b. Nelson Director of Utilities Attachments I Bib Tabulation II Location Map III Minutes PUB Meeting of 7/23/86 4426U:6 EXCERPT PUBLIC UTILITIES BOARD MINUTES 7/23/86 CONSIUER BID OPENING BID 09630 1986 SECTION C CIP REPLACE CONGRESS AND HAGNOLIA STREET WATER LINE, Ham explained that Staff recommends approval of the lowest qualified bid of Calvert Paving, Denton, Texas, in the amount of $172,816.20 for a 3,000 - 8 water line on Magnolia which replaces an existing deteriorated 6" line and for a 3,000' - 8" water line on Congress to replace a substandard size 4" line in a street due for reconstruction. According to Ham, bids were opened June 24, 1966 and the results are as follows: Congress St. Magnolia St. Water Line Water Line Total Calvert Paving $ 90,960.58 $ 819855.62 #172,816.20 Dickerson Constr.. 118,614.50 91,390.00 210,004.50 Circle C Constr. 111,831.50 108,161.00 219,992.00 L.E. Deletka Inc. 135,175.00 1290180.00 264,355.00 C.& W Utility 164,602.50 151,925.00 316,527.50 Has explained the fiscal impact as follows: Recommended 1986 CIP Award Budgeted Amount Replace Congress WL $90,960.58 $930000000 Replace Magnolia WL 81,855.12 890000.OU Thompson moved to approve the low bid of Calvert Paving. Frady second. All ayes, no nays, motion carried. DATE: 8/5/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council PROM: Lloyd Harrell, City Manager SUBJECT: Adoption of an ordinance setting a date, time, and place for public hearings concerning the annexation of approximately 23.6420 acres of land being part of the Gideon Walker survey, Abstract No. 1330, and beginning adjacent and north of Edwards Road approximately .5 mile east of Mayhill Road and approximately .5 mile west of Swisher Road (A--41). RECOMMENDATION: Staff recommends that public hearings be held on August 19 and September 2. SUMMARY: The Tommy Corporation stated in its application that it is requesting annexation for the purpose of developing the property in accordance with the City of Denton's standards. A petition for single family (Sr"--7) zoning has been submitted in conjunction with this annexation request. The site is not within a flood plain area. Edwards Road is an unimproved road that is subject to perimeter street paving standards (17 feet of curb and gutter and improvements to City of Denton specifications along the entire frontage of the property to be developed) regardless of whether the tract is annexed or not if development occurs. An existing 12' water line at the Mayhill Road and Edwards Road intersection must be extended 4,100 feet east to serve this parcel. City of Denton and TPiL electrical service is available. The Parks and Recreation Department and Fire Department have no objections to the proposed annexation. BACKGROUND s A 60.8 acre tract of land adjoining this parcel to the west was annexed and zoned planned development (PD) for mixed residential land use in January, 1986. The Tommy Corporation requested annexation and zoning for the adjoining tract. City Council Report (A-41) August so 1986 Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED There are no dwelling units, businesses, or population existing within the area of proposed annexation. The Petitioners have indicated that a water supply district lies within the boundaries of the area proposed for annexation. [±:SCAL IMPACTt Undetermined. Respec Fly submitted: Lloyd Harrel Prepared hy: City Manager David Ellison Senior Planner App ve Jeff Mepe Director of Planning and Development I 1627a 1S06L NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN • EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. On the day of , 1986, at 7:00 o'clock P. M. In the City=until Cham ers o t e Municipal Building of the City of Denton, Texas, the City Council will hold a p:iblic hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit 51A" attached hereto and incorporated by reference herein. On the day of , 1986, at 7:00 o'clock P.M. in the City ouncil Chambers o the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of tIse property described in Exhibit "A" attached hereto and Incorporated by reference herein. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearings to be published once in a newspaper having general circulation in the City and in the territory described in Exhibit "A" not more than twenty days nor less than ton days prior to the date of such public hearings, all In accordance with the Municipal .Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of 1986. IY-T?1~{ERE', MAYOR CITY OF DENTON, TEXAS ATTEST: 2 HAI LO'1 TE ALtTR l-i'71"Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS rile BY: A-I1/TONNY CORPORATION EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the Gideon Walker Survey, Abstract 1330, and more particularly described as follows: BEGINNING at a point in the present city limits, said point being the Northeast corner of the tract described in Ordinance No. 86-15, and the Northwest corner of a tract conveyed to Real Estate International by Deed Recorded in Volume 1830, page 9SO of the Deed Records of Denton County, Texas; THENCE South 860 59' S9" East along the North boundary line of said tract a distance of 627.98 feet to the Northeast corner of said tract; THENCE South OS• 35' 29" West along the Easterly Fast boundary line of said tract a distance of 366.0 feet to the Easterly Southeast corner of said tract; THENCE North 896 47' 12" West along the Northerly South boundary line of said tract a distance of 40.21 feet to the Southerly Northeast corner of said tract; THENCE South 040 19' 30" West along the Westerly East bouna.-rv line of sold tract a distance of 1,507.29 feet to the Southeast corner of said tract, said point lying in the center line of said Edwards Road; THENCE Westerly along the South boundary line of said tract and the center line of said road the following three (3) courses and distances: (1) North 85° 20' West, 123.60 feet; (2) North 790 35' 40" West, 296,87 feet; (3) South 88° 04' 05" West, to the Southwest corner of said tract; 'rHENCE Northerly along the West boundary line of said tract, passing the Southeast corner of the tract described in Ordinance No, 86-15, continuing along the present city limits and Nest boundary of vaid tract, (by Ordinance North 20 14' West, 1,867 feet) the following three (3) courses and distances; (1) North 030 56' 01" East, passing at 20.5 feet a concrete monument, continuing for a total distance of 1,047.55 feet; (2) North 020 04' 31" East, :83,84 feet; (3) North 00° 15' 53" East 211.70 feet to the place of begin,-ing and containing 23.6420 acres of land, more or less, A-41/TOMMY CORPORATION 1506E w NOTICE OP PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and Incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of , 1986, at 7:00 o'clock P. M. in the C -t y`Z~ouncil C am ers a t e' Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation, At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons Interested in the things and matters herein mentioned, will take notire. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of 1986, at 7:00 o'clock P. M. in the CifY-7"ouncil C am ers o the' Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, persons interested In the things and matters herein mentioned, will take notice. RAY STEPHENS, A rITY OP DENTON, TEXAS ATTEST: A-41/TOMMY CORPORATION EXHIBIT "A,' • All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the Gideon Walker Survey, Abstract 1330, and more particularly described as follows: BEGINNING at a point in the present city limits, said point being the Northeast corner of the tract described in Ordinance No. 86.15, and the Northwest corner of a tract conveyed to Real Estate International by Deed Recorded in Volume 1830, page 9SO of the Deed Records of Denton County, Texas; THENCE South 86. 59' $9" East along the North boundary line of saia tract a distance of 627,98 feet to the Northeast corner of said tract; THENCE South OS• 35' 29" West along the Easterly East boundary line of said tract a distance of 366.0 feet to the Easterly Southeast corner of said tract; THENCE North 89. 47' 121' West along the Northerly South boundary line of said tract a distance of 40.21 feet to the Southerly Northeast corner of said tract; THENCE South 040 19' 30" West' along the Westerly East boundary line of said tract a distance of 1.507.29 feet to the Southeast corner of said tract, said point lying In the center line of said Edwards Road; THENCE Westerly along the South boundary line of said tract and the center line of said road the following three (3) courses and distances: (1) North 850 20' West, 123,60 feet; (2) North 790 3S' 40" West, 296.87 feet; (3) South 880 04' 05" West, to the Southwest corner of said tract; THENCE Northerly along the West boundary line of said tract, passing the Southeast corner of the tract described in Ordinance No. 86-15, continuing along the present city limits and West boundary of said tract, (byy Ordinance North 20 14' West, 1,867 feet) the following three {3) courses and distances: (1) North 030 $6' 01" East, passing at 20.5 foot a concrete monument, continuing for a total distance of 1,047.55 feet; (2) North 02• 04' 31" East, 583,84 feet; (3) North 000 15' S3" East 211.70 feet to the place of beginning and containing 23.6420 acres of land, more or less. ' A-41/TOMMY CORPORATION .i r i 1 t ' J \ 41 r ~@~f- '-G `[S-. ~~:acc_~!~G... +~Y :_~f Y fir. w..~ w, ~ pt y si i Ile r r .III ~ ,,i. I ~a L, ~j' I ,II}h, I ~ rI r i •t ..r f ~ I i 1 1~., t • w• r.. 1 ` r y •iT C~ 111' • ' ' ,~.1 ; II, c ~ t'',~ r . I.N ~ r ~ .nl~il 'N~II .N~~I~/ 1 .1; ~i ~ ' ~,l" ~'-•F• s ~,\S r + .a,J M 1 r4 •,I y 11 j i. .4i Y• 11 •f ( . b2 iff . i r~ s I 1 . ~.plr 1 11 • CPO 4 II y ~'1•~ •t • 'I ,~I ~ viii ~J/ r lilt i' ' ;1~~~:, I I I ~i' 1•" y • ~ I I ' i~. . 1 , 111 its lj 1 I . S I j t ~ MN ' I , i 1...• . • / l 1 f loll Ito All '~•'I .I' it ~ h ~r I .~I ~~i i~~ 'V~Z~~~I) 1~ ~ ~ .rl.'~J, ' I1 V' \._•~~1.~~,~~~I, IJ~/)1fII~II ~ I I ~1 I C.• ~ I I~L I .'••lY .'..~'1~ , ''''l I'' /II I ~i ,;,I ~I~ ~I I;I I •..y -4 ~11 ~ ~,r I'~III n• r' ,I 1y ~ r'' ,I I ~ td•••~ 'I I f~ r I , f/("'I rl ' i i I~ ? ~1lh l; Ff, . 'j O l`~•'r\.w~ I 1 ~~~.~.~I~I +ri"`1J J O 5I 11~'~I~~'f'~• r,l r. ,1' ' ' ' ~ ~Il ! I b i ! 111 ' •n •t I j ' 1. ' ~ ~ .:•1 f f I~r~ I"1(' ~.I V I .NI I 1~ ( ~1r ~ 1 1 of ,~i~ t 4te./e', y ?9R,1)' $A -4 LO CATION MA► " & SI'T`E ATION TOMMY CORP NIETAOPLax COPUMC EA Mf OPtPOAATION r{te}' J), Iw aw rel►n1 ~.r+ r.lr~', IwIIr r«N w•«r nna.w•ra Aw41 1,',. Will ^`.T i. a' r.--m .din .i. i k DATI: 08/05/66 CI'1'1' t CIL Una EMU a--- TO: Mayor and Members of the City Council n "t Lloyd Harrell, City Manager SUWICT: ORDINANCK FOR 8-183 R,A¢OMMNDATION : The City Council held a public hearing on November 199 1985 and instructed the staff to prepare an ordinance. S.SE • This is a request for a specific use permit for a private school in a single family (SP-10) district. The Jane Marshall School will be relocated to the 8,;,. David's Episcopal Church at 623 1lotor Street if the specific use permit is approved. MgKGROUKj- The staff had requested a correct legal description prior to the November 19, 1988 meeting but the legal description was not submitted until June 30, 1966. PROQRM, DBPARTM MS OR GROUPS AFFgCTgD: Reply forme were mailed to twenty-two property owners before the public hearing. Two were returned in favor, two returned in opposition and one was undenided. FISCAL IMPACT: No impact on the general fund can be determined, Re Ye ully submi tnd.: Lloyd Harrell prepared b//y: City Manager Cecile Carson Urban Planner Appro Jeff flay Director of Plann,ng aM Development 19496 1S14L NO. AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR THE JANE MARSHALL SCHOOL; PROVIDING FOR THE REFERENCING OF SUCH USE ON 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 1.08 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED AT THE SOUTHWEST CORNER OF SENA AND ECTOR STREETS; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.OO FOR VIOLATIONS THEREOF{ PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS. SECTION I. That, pursuant to Article 10 of Appendix B-Zoning of the Code of Ordinances, a specific use permit is hereby granted to the Jane Marshall School, for the property located at the southwest corner of Sena and Ect.or Streets, as is more particularly shown in Exhibit "A" attached hereto and incorporated herein by reference, which is classified as a Single-Family 11SF-7" zoning district under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions and restrictionsi 1. That the property shall be developed and used in accordance with the site plan shown in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Jane Marshall School shall not accommodate more than thirty (30) children at any one timo. 3. No detached advertising signs shall be permitted on Bctor Street. 4. Location of any detached sign must be reviewed and approved by the Planning and Development Department prior to issuance of a sign permit. SECTION II. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19690 as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69.10 shall be referenced to show the property herein described being granted a specific use permit for the use approved herein. SECTION III. That the City Council of the City of Denton, Texas hereby finds that such use 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 char&cter of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildin s, protecting human lives, and encouraging the most a propriote uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. S-lgsi Page I y SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of : permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.JO). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violatior, of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above, SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance Is held invalid b any court of competent ,jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be puhlished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Tex89, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1986. RAY STEPHENS, MAYOR CITY OF DHNTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETXAY CITY OF DENTON,oTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: I S-185/Page 2 EXHIBIT "A" FIELD NOTES TO LOT ON ECTOR STREET, CITY AND COUNTY OF OENTON TEXAS • All that certain tract' or Abstract 31, City and County Dent lend situated in the Robert Bee a deed from H, Do y Damtmn, Texas, bienq the $ame tract dmont Srviy, ume 3800 Pege 92, Deed ReMill co MstofCsaida Countson on April 10, 1952, rscorded In Vol. follows: y, and being more fully described as sectioniOfathe Westlrtght+oft ayeofsEctorNooi heast corner of said tract at the inter. Sena Street; Street with the South right-of-way of THENCE South with the Yast right-of-way of to a steel pin; Ector Street a distance of 145,5 feet THENCE S. 896 56' 30- W, a distance of 320,0 het to e steel pin at the Northwest corner of a lot described in a deed from Mammoth Craver, et ux, to A.M. Suddath, at ux, recorded in Volume 344, Page 496p on the East boundary line of Block I offBrpoow~n Heights Additio~ntooCl ypofeDenton, xas and Plat Of which is recorded in Volume 310! Page 3030 Deed Records of Denton County; THENCE North with the east boundary line Of said R Heights tance of 149.0 feet to a steel pin on the South right-of-wayofA.SenaiStreetis- THENCE S, 896 26' E. with the South right-of-way of Sena Street a distance of 320,0 feet to the place of beginning and containing in all 1,08 acre of land, 8-166 PRO*"* mtom w iXr►wp FNMCwq lot 1 SM S-les 1. DACE: August 5, 1986 rl C CITY COUNCIL REPORT FORMAT • TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Ordinance for Z-1812 RECOMMENDATION: The City Council held a public hearing on July 15, 1986 and instructed staff to prepare an ordinance. SUMMARY: This is a request for a change in zoning frow the agricultural (A) to the commercial (C) district on 4.02 acres located on I-35 South, south of Pockrus Road and south of the M.K.&T, Railrozd. PROGRAMS, DEPARTMENTS opt GROUPS AFFECTED: Reply forms were mailed to 6 property owners before the public hearing, Three were returned in favor, none were returned in opposition. FISCAL IMPACT: No impact on the general fund can be determined. Res fully itte lI r City Manager Prepared by: e arson 4„4.. Urban Planner :^aved: 'Mom W~ at 01 Di rest ng and Development 14531, . NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DDNTON, s TEXAS, AS SAME h'AS 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 4.024 ACRES OF LAND OUT OF THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, AS IS MOAB PARTICULARLY DESCRIBED HERBINI TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO COMMERCIAL "C" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS; SECTION I. That the Zoning Classification and Use designation appAicable to all or part of the property described In Exhibit "A" attached hereto and incorporated by reference herein, is hereby changed from Agricultural "A" District Classification and Use to Commercial "!C" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION 11. That 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 is hereby amended to show such change in District Classification and Use. SECTION 111. That the City Council of the City of Denton, Texas, hereby finds that such change 's in accordance with a comprehensive plan for the purpose of .romoting the general welfare of the City of Denton Te::ss, and with reasonable consideration, among other things ilor the character of the district and for its peculiar suitability for 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 benefi~ to the City of Denton, Texas, and its citizens. SECTION IV, 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 doomed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION V. That If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any I i Z-I812/HOL))BRT-WYATT VOLKSWAGON, INC./PAGE I person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted • such remaining portions despite any such invalidity. SECTION Vt. 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, CITY OF DENTON, TEXAS ATTEST: CHARLOTTE XLLEN9 CITY SECKETRY CITY 0!J DENTON* TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~J~kzi' 1 Z-1812/HOLBERT-MYATT VOLXSNAGEN, INC./PAGE 2 EXHIBIT "A" All that certain tract or parcel of land situated In the Gideon Welker Survey, Abstract Number 1330, Denton County, Texas, and being part of a tract shown by deed to Holbert. Wyatt Volkswagen, Inc., and recorded In Volume 1506, page 755 of the Real Property Records of Denton County, Texas, and being more fully described as follows: • Beginning at a fence corner post I'or the southernmost corner of the tract being descrrbed herein; said fence corner post also being the southernmost corner of said Volkswagen tract, and the westernmost corn,-+r of a tract shown by deed to Mark Cobb and recorded In Volume 474, papa 635 of the Denton County Deed Records, and also being In the northeastern right-of-way line of interstate Hlghway Number 35-E; Thence North 49 degrees 57 minutes 00 seconds West, along the southwestern line of said Volkswagen tract and the northeastern right-of-way Ilna of said Interstate 35-E, a distance of 410.01 feet to an Iron pin for the westernmost corner of the herein described tract; Then:~h North 41 degrees 59 minutes 46 seconds East, a distance of 356,42 feet to an Iron pin for the northernmost corner of the herein descrlbed tract; said Iron pin also being In the western northeast Ilne of said Volkswagen tract and In the southwestern line of a tract shown by deed to Lone Star Gas Company and recorded In Volume 353, page 177 of the Denton County Deed Records; Thence South 63 degrees 07 minutes 09 seconds East, along the western northeast line of sold Volkswagen tract, and the touthwestern line of said Lone Star tract, a distance of 191,56 feet to a fence corner post for an angle point of the herein described tract; said fence corner post also being an angle point In said Volkswagen tract, and also being the southern- most corner of said L-ne Star tract; Thence North 61 degrees 21 minutes 16 seconds East, along the southernmost northwest line of said Volkswagen tract, and the southwestern line of said Lone Star trace, a distance of 99,13 feet to a fence corner pest for the northernmost northeast corner of the herein descrlbed tract; said fence corner post also being In the southwestern right-of-way line of the M.K.a 1. Railroad; Thence South 33 degrees IS minutes 58 seconds East, along the ?asternmost northeast line of sold Volkswagen tract and the southwestern right-of-way line of sold M.K,b T. Railroad, a distance of 205..71 feet to a fence corner post for the easternmost corner of the herein deserlbed tract; said fence corner post also being the easternmost corner of said Volkswagen tract, and the northernmost corner of said Cobb tract; Thence South 42 degrees 56 mh,utes 13 seconds West, along the southeaster,. line of said Volkswagen tract and the northwestern line of said Cobb tract, a distance o` 434.05 feet to the Point of Beginning and containing 4,024 acres of Icnd. Z-1912 1476E E 1 I N0, ' AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGRfiENEN? • BETWEEN THE CITY OF DENTON AND DELOITTE, HASXINS, AND SELLS AS AUDITORS FOR THIS FISCAL YEAR ENDING SEPTEMBER 30, 1986, AND DECLARING AN EFFECTIVE DATE. E I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION I, i the City Council of That to appoint Deloitteo Haskins and the SeCity of lls as Denton, oauditors for desires City of Denton, Texas for the fiscal year ending September 30, 1986, SECTION 11, That Deloitte, Haskins and Sells is hereby designated as the auditing firm for the City of Denton, Texas for the fiscal year I ending September 30, 1986 in accordance with the terms and provisions of tho commitment letter of Deloitte, Haskins and Sells dated July 23, 1986, and the conditions set forth in the Proposal to Provide Professional Services, copies of which are ' attached hereto and made a part hereof for all purposes. SECTION III. That this ordinance shall become effe rive immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986. RAY STEPHENSt MAYOR CITY OF DENTON$ TEXAS ATTEST: MARLOTTI ALEEN MY SECRETARY CITY OF DENTON,tTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITC", CITY ATTORNEY CITY OF DBNTON, TEXAS BY: ii 1 I%s+ trltef Flfst Tower 801 Cherry Streat Suite 2340 Fort Worth, Texas Y3102.8801 (817) 338.2531 Metro: 85i 2777 Telex: 758612 Mr. John F. McGrane July 23, 1986 Director of Finance City of Denton 215 E. McKinney Street Denton, Texas 76201 Dear Mr. McGrane: This letter will confirm our understanding of the arrangements covering our examination of the financial statements of City of Denton ("City") for the year ending September 30, 1986. We will examine the City's combined financial statements for the year ending September 30, 1986. Our examination will. be made in accordance with generally accepted auditing standards and the provisions of Standards for Audit of Governmental Organizations, Program --A- IETes anU L ct v Functions, promu gate by the U S. comptroller General, as they pertain to financial audits. Accordingly, the examination will include such tests of the accounting <scords and such other auditing procedures as we consider necessary in the circumstances. The objectives of oux, examination are to express an opinion on the financial statements of the City, as well as render a report on compliance of the City with the terms and requirements of certain Federal laws. Our procedures will include, among others, tests of documentary evidence supporting the transactions recorded in4 the accounts, testa of tax receipts and related assessment rolls, and direct confirmation of receivables, grant receipts and certain other assets and liabilities by correspondence with selected taxpayers, creditors, legcl counsel and banks. At the conclusion of our examination, we will re nest certain written representations from you about the financial statements and matters related thereto. Before commencing our examination we would be pleased to most with you to review and discuss the scope of our audit procedures in more detail. i 1. r. r Mr. John F. McGrane July 23, 1986 2 The fair presentation of financial position and results of operations in eonformi~y with generally accepted accounting principles is management's responsibility. Management is responsible for the development, implementation and maintenance of an adequate system of internal accounting control and for the accuracy of the financial statements. Although we may advise you about appropriate accounting principles and their application, the selection and met:iod of application are responsibilities solely of management. Our engagement is subject to the inherent risk that material errors, irregularities or it egal acts, including fraud or defalcations, if they exist, will not be detected. However, we will inform you of any such matters that come to our attention. Fees for our services are based on per diem rates, plus out-of-pocket expenses, all of which will be billed as our work pprogresses. Our maximum fee for this engagement is $39,000. Should an increase in the scope of our services be required, we would provide you with a change in our fee prior to commencing the work. Whenever possible, we will attempt to use your City's personnel. This effort could substantially reduce our time requirements and help you hold down audit fees. During the course of our engagement, we may observe opportunities for economy in or improved controls over your operations. We will bring such matters to the attention of the appropriate level of management in writing. Xf you intend to publish or otherwise reproduce tho financial statements and make reference to our firm, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Please indicate your agreement to these arrangements by signing the attached copy of this letter and returning it to us. Mr. John F. McGrane July 23, 1986 3 We appreciate your confidence in your appointment of us as your certified public accountants and look forward to working with you and your staff. Yours very truly, Iv /~~'i41 r ~1GV Approved By Date _ ,rrrrrrrrriY~ 71 ~ M \ 15011 'ul5 NO. AN ORDINANCE OF THE CITY OF DINTON, TEXA3, AMENDING CHAPTER 10 (FIRS PROTECTION) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY THE ADDITION OF ARTICLE V THERETO TO DI ENTITLED "ALARM SYSTEMS"; REQUIRING 101 INSTALLATION OF SMOKE DETECTORS IN CERTAIN DWELLING UNITS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEkEBY ORDAINS: SECTION I. That Chapter 10 of the Code of Ordinances of the City of Denton, Texas is hereby amended by the addition of a new Article N which said Article reads as follows: ARTICLE V. ALARM SYSTEMS Sec. 10-62. Definitions (1) Bedroom means any room which is designed with the intent that it be used for sleeping purposes. (2) Corridor means a passele which connects parts of the dwelling unit. (3) Dwelling Unit moans a home, mobile home, duplex uTT- apartaent unit, condominium unit, or any dwelling unit in a multiunit residential structure. It also means one or more rooms which are subject to a single rental agreement and which are rented to a tenant or tenants for use by persons as a permanent residence. (4) Landlord means the owner, lessor, or sublessor of a we ng unit. A managying agent or leasing agent, whether residing or officIng on-site or off-site, shall be considered the agent of the landlord for purposes of notice and other communications required or allowed under this section. Ot'ierwise, a manager or agent of the landlord shall be considered a landlord under this section only if the manager or agent purports to be the owner, )essor, or sublessor in the rental agreement. (S) Smoke Detector means a device which is (1) designed to Oct visible or invisible products of combus- tion, (1) designed with an alarm audible to the bedrooms it services, (S) powered by either battery alternating current, or other power source, (41 tested and listed for use as a smoke detector by Underwriters Laboratories, Inc., Factory Mutual Researci: Corporation, or United States Testing Company, Inc., and (S) in good working order. (6) Tenant means any parson who is enti':lod to occupy a we ng unit to the exclusion of others and who is obligated to pay rent for the dwelling unit under a written or oral rental agreement, I 101 (7) ?ealt o Smoke Detector means the performance of the actor acs x tk- manufacturer of a smoke detector recommends for that particular model of smoke detector as a simple test of whether or not the smoke detector is in good working order. (a) Units _Constrg ted_Aftor September 1, 1981 means any n~for w e a u nQ perm t was rdsued after September 1, 1981, or, ff, no building permit is issued, any unit wM ch is occupied as a residence for the first time after September 1, 1981. (9) Units Constructed on or before 3 t ■ber 1 1981 means any unit or w c a u ng perm was issued on or before September 1, 1981, or w,ich was occupied as a residence for the first time on or before that date. Sec. 10-63. Duty to install Smoke Detoctors in Certain Dwelling Units (a) New units constructed after September 1, 19810 at least one smoke detector shall be installed by the landlord outside of each separate bedroom in the immediate vicinity of the bedroom, except that: (1) where the dwelling unit is designed with the intent that a single multipurpose room be used for dining, living, and sleeping purposes, the smoke detector shall be located inside thn room rather than outside; (2) where the bey!rooms are sertiid by the same corridor, at least one smoke detector shall be installed in the corridor In the immediate viA nity of the bedrooms; and (3) where one or more bedrooms aro located to a level above the cookin and living area, the smoke detector for the Bedrooms shall be placed at the center of the ceiling directly above the top of tho stairway, (b) A smoke detector required by this section shall be installed prior to commencement of possession of the dwelling unit by the tenant in accordance with manufucturerIs recommended procedures, subject to the following; (1) a smoke detector shall be installed on a ceiling or wall; (2) if installed on a ceiling, the smoke alarm shall be installed no closer than six Inches to a wall; (3) if installed on a wall, the smoke detector shall be installed no closer than 6 Inches to the ceiling and no farther than 12 inches from the ceiling; (4) a smoke detector may be located elsewhere if permitted by the El'lding Code; and i I 1 (S) if a smoke detector is electrically operated rather than battery operated, the power system and installation procedures for the smoke detector shall comply with the Building Code. (b) Existia UnFor all dwelling units constructed on or a or* September 1, 1981, at least one smoke detector shall be Installed by the landlord in accordance with Subsection (a). A smoke detector required by this subsection shall be installed in accordance with the location and Installation procedure requirements of Subsection (a). Sec. 10-64. Duty to Inspect and Repair. (a) Upon commencement of a tenant's possession of a dwelling unit containing a smoke detector, the landlord shall have a duty to test the smoke detector to verify that it is in good working order. Upon installation of a smoke detector by a landlord after commencement of the tenant's ppossession of a dwelling unit, the landlord shall heye a duty to teat the smoke detecto^ at that time to verily that it in, In good working order. (b) During the term of the rental agreement or any renewal or extension thereof, the landlord shall have a duty to Inspect and repair a smoke detector only if the tenant has given notice to the landlord of malfunction or made a request to the landlord for inspection or repair. Phe notice of the landlord need not be in writing unless written notice is required in the written rental agreement The landlord shall comply with the tenant's request for Inspection and repair within a reasonable tim6, considering thr availability of material, labor, and utilities. 0. ti landlord shall not have a duty to inspect or repair a smoke detector if the damage or malfunction is caused by the tenant or t%e tenant's family, guests, or invitees during the term of the rental agreement or any renewal or extension period of the rental agreement. Provided, however, a landlord shall have a duty to repair or replace a smoke detector covered by this subsection If the tenant pays in advance for the reasonable cost of the repair or replacement, including labor, materials, taxes, and overhead. (d) A landlord shall have sotisfi-d his duty to inspect or repair a damaged or malfunctioning smoke detector if, after a test of the smoke detector if, after a test of the smoke detector, the test indicates that the smoke detector is in good working order. Sec. 10-65. (a) A person commits an offense if as landlord of a dwelling unit he: (1) fails to install a smoke detector in compliance with Section 10-63; or K .TVary^~jR~ .~rr. w.T 4~ (Z) falls to test or repair a stoke detector in compliance with Section 10-64. SECTION Any person who shall violate a provision of this ord ""ace, or fails to comply therewith or with any of the requirements thereof, or of a emit 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 gu:Ity 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 III. 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 1966. CITY OF DENTON, TEXAS ATTEST; CHARLOTTE ALLEN CITY SECKETARY CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI URAYOVITCH, CITY ATTORNEY CITY OF DBNTON, TEXAS BY: August S, 1986 CITY COUNCIL AGENDA ITEM ~ TO: MAYOR AND MEMBBPS ON THB CITY COUNCIL FROM; Lloyd Harrell, City Manager SUDJBCT Consider Ordinance for Proposed Oversize Agreement with Holbert-Wyatt Addition, Owner Holbert-Wyatt Volkswagen Inc., Denton, Texas, and/or their Assigns for a New Water Line. RECOMMENDATION The Public Utilities Board, at their meeting of June 10, 1986, recommended to the City Council approval of this oversize agreement due to increased water demands imposed by this and other developments in the area in the near future. SUMMARY In order to serve the area containing this development and future developments in the area, it is necessary to contruct a new 16" water line as determined by a study conducted by the City of Denton. As the proposed development requires an 8" water line, an 8" to 16" oversize agreement is recommended. BACKGROUND The proposed development is located on the north side of Hwy. I-35h, approximately 500' east of Pockrus Road, with the proposed water line extending from west of Pockrus Road to and across development frontage on I-35E service road. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, present/future Developers, Legal Department and Purchasing. 4357U:S 4 FISCAL IMPACT Estimated costs for an 8" to 16" oversize section to be paid for by the City of Denton are as follows: Total costs of a 16" water line from approximately 850' east of development to and across development frontage (approx. 1542 L.F. x $32.00/L.F.) $49,344 Total cost of a 8" water line approximately 850' east of development to and across development frontage (approx. 1542 L.P. x $21.50/L.P.) 33,153 Cost of this project to the City of Denton, (difference between an 81' water line and a 16" line. $169191 Prepared by; Res tfully mitted, / o arrel Manager David Ham, Asst. Director Water/Wastewater Divisions Approved b R. El Nelson Director of Utilities Attachment I- Urdinance II- Water Main Participation Agreement with Exhibits III- Minutes PUB Meeting of 6/10/86 4357U:6 I J NO, j AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED WATER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the City of Dehton wishes to enter into an agree- ment to participate in the cost of providing an oversized water main; and WHEREAS, the Code of;')rdinances requires t1u: the City Council approve all expenditures '$10,000 or more; and WHEREAS, Section 2,09 of the City Charter requires 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 T14B CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the Water Main Participation Agpreement, attached hereto, between the City and llolbert-Wyatt Yolkswagon, Inc., to provide for tfie City's participation In the cost of providing an oversized water main in accordance with said agreement and the Mayor is hereby authorized to execute the ~igreement on behalf of the City. SECTION Ii. I That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1986. RAY STHPHENS,__RKYMr~ CITY OF DENTON, TEXAS ATTESTS MARLOTTE ALLEN, CITY 913CRITARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f CITY Of DENTON, TEXAS BY: PAA 1'414L THE STATE OF 'TEXAS S WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON I AND HOLBERT-WYATT VOLKSWAGON, INC. WHEREAS, Holbert-Wyatt Volkswagon, Inc., hereafter referred to as "Developer," whether one or more, whose business address is 419 South Elm, Denton, Texas 76201, wishes to develop and improve certain real property located in the City of Denton, Texas or its extraterritorial jurisdiction and is required to provide such property with adequate water by designing, constructing and installing a water main of a minimum inside diameter of eight inches (811), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 E. McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1. Developer shall design, install and construct, a sixteen inch (1611) water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," extending a total distance of approximately one thousand five hundred and forty-two feet (1,5421), located as shown on Exhibit "l," attached hereto and incorporated herein by reference. 2. Prior to beginning construction of the oversized facil- ities, Developer shall enter into a Development Contract, as required by Appendix A of the Code of Ordinances of City. This agreement shall be subject to hnd governed by such Development Contract, which is incorporated herein by reference, and any other applicable ordinances of City. 3. Prior to beginning construction of the oversized facil- ities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. If easements are 7eeded, the deeds therefore obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, Including evidence of negotiations and reasonable offers mph.. to the effected roperty owners. Any easements for the ovL ,zed facilities ob Pained by the Developer shall be assigned to City, ; if not taken in City's name, prior to acceptance of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. The City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City by public bids on the same or similar projects on a per linear foot basis, and the cost of the oversized facilities, as determined by the City, based upon the amount of a bid from the lowest responsible bidder on the same or similar oversized facilities, shall be in an amount not to exceed Sixteen Thousand One Hundred Ninety-one and No/100 Dollars ($16,191.00), and City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site condi- tions; differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities. 5. Within thirty (30) days of the acceptance of the facilities by the City, Developer shall submit to the City's Director of Utilities the actual cost of the oversized facilities. Should the actual cost of the oversized facilities be less than the cost on which the City's share was determined, the City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities. To determine the actual cost of the over- sized facilities, City shr'l have the right to insp:,ct any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. 6. Within thirty (30) days of the date the Developer has submitted satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer, its share of the cost thereof. 7. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND HOLBERT-WYATT VOLKSWAGON, INC,/PAGE 2 sent to Developer at the business address given above and to the Director of U~jlities for the City at the address given above. 8. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatso- ever, by reason of injury to property or persons occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, a its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this agreement, this agreement shall terminate. 10. This instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained herein. This agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 11. This agreement shall not be assigned by Developer without the express written consent of City. 12. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this contract, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas. Executed this the day of 1986. ATTEST: HOLBERT•WYATT VOLKSWAGON, INC. r BY: SECRETARY ATTEST: CITY OF DENTON, TEXAS BY: 'MAYOR CHARLOTTE 9PCRETA KWY STEPHENS, CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ION WATER rAT PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND HOLBERT-WYATT VOLKSWAGON, INC./PAGE 3 /HOLBERT~WYA17 ADDITION EXHIBIT I DOFF SITE OVERSIZE WATER LINE to 16% ' • i j r r r ~r r I 1 1 ••w • . u • . i >sr o I I ` I t ~ ~ „ , 60S I I I 0 State of" A , fr' OVERSIZE HOLBERT-- WY,ATT EXHIBIT 2 AttAlCAf IOIf STATI OF TUAS Comm Of DIM WHERWI Halbert-Wyatt VoliLmog n, Ise, to tAe oAer of a tract of load situated in the Gideon Walker Smrvey, Abstract Myaler 13X# Dates County, Texas. 'said tract being shown by deed to Holbert-Myatt talk"*@, lot, and recorded in Volume 1506, NH 755, teal Property Records of Destoo Camty, Texas, sad being more full; described as followsi Beginning for the mouth corset of the tract being demo tibed at a fence corner post, said corner being the south corner of said Holbert-Wyatt tract on the northeasterly right-of-way of Interstate Highway 358, said corner also befog the Vast corner of a tract shown by deed to Mark Cobb and recorded in Volume 414, page 635 of said Deed Recordsi Thence North 49 degrees 57 minutes 00 seconds West with said right-of-way line and the southwesterly line of said Holbert-Wyatt tract a distance of 691.89 feet to e fence corner post, said corner being the vest corner of Holbert-Wyatt tract and the south corner of a tract shown by deed to H,Ws Pockrus and recorded in Volume 1586 page 505 of said Deed Recordst Thence North 41 degrees 59 minutes 46 seconds Best a distance of 289.90 feet a fence corner post on the south line of a tract shown by deed to lone Star Cos Company, Volume 353, page 177 of said Deed Recordat Thence South 63 degrees 07 minutes 09 seconds Last with a north line of said Holbert- Wyatt tract and the south line of said Lone Star Gas Company tract it distance of 483.37 foot to a fence corner posts Thence North 61 degrees 21 minutes 16 seconds Fist a distance of 99.33 feet to a fence corner post on the south right-of-way of the 43, 8 T. Railroads Thence South 33 degrees 18 sioutee 58 seconds East with the south right-of-ray of sold M.K. 8 T. Railroad a 4istance of 205,77 feet to a fence corner post, said corner being the east corner of said Holbert-Wyatt tract and the north corner of said Cobb tracts Thence South 42 degrees 56 minutes 13 seconds West with the east line of said Holbert-Wyatt tract end the west line of sold Cobb tract a distance of 434.05 feet to the Point of beginning and containing 6,114 acres of land, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT] THAT Holbert-Wyatt Volkswagen, Inc, does hereby adoppt this plot designating the herein described property u Holbert-Wyatt Addition, Aleek 1 to the City of Denton, Denton County, Texas and does hereby dedicate to the public use forever the streets and easements for the sage purpose and constderstioo expressed horeon, A.E. Wyatt EXCERPT FROM PUBLIC UTILIT;LES BOARD MINUTES JUNE 10, 1986 7. CONSIDER PROPOSED OVERSIZE; AGREEMENT WI'n IIOLBERT-WYATT ADDITION OWNM FIOLBER` - AT'1 VOLKSWA(;0N NC. AND Ok THEIR Ab81UN OR A N'~+ WATER LINE. According to Ham„ the Utilities Staff recomsends to the Public Utilities Board approval of this pro rata agreement. Ham explained that in order for Holbert-Wyatt Addition to recover some of their expenses for construction of the o.ftsite portion of this water lino, an offsite pro rata agreement is required per Article 4.09 B-3 "pro rata reimbursement due developer", subdivision regulation, City of Denton. There will be approximately 650 L.F. of offsite water line subject to this pro rata return. The proposed water line will provide access to water service for other future developments along the offsite portion of this line. The proposed development is located on the north side all Hwy 1-35E, approximately 500 feet east of Pockrus Road with the proposed water line extending from west of Pockrus Road to and across development frontage on I-35E service road. Ham explained the estimated coots for an 8" to 16" oversize section to be paid for by the City of Denton are as follows: Total costa of a 16" water line from approximately 8501 east of development to and across development frontage (approx. 1542 L.F. x $32.OU/L.F.) $49,344 Total cost of a 8" water line approximately 85U' east of development to and across development frontage (approx. 1542 L.F. x $21.50/L.F.) 33,153 Cost of this project to the City of Denton, (difference between an 8" waYar line and a lb" line. $160191 Coomes motion to approve the proposed oversize agreement. Frady second. All ayes, no nays, motion carried unanimously. Ir -T; -T August S; 1986 CITY COUNCIL AGENDA ITEM TO, MAYOR AND MbMBERS ON THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Ordinance for Propose.! Oversize Agreement with McKinney Street Baptist Church Addition and/or their Assigns for a New Water Line. RECOMMENDATION The Public Utilities Board, at their meeting of June 10, 1986, recommended to the City Council approval of this ordinance for oversize agreement for a new water line due to water demands imposed by this and other developments in the area in the near future. SUMMARY In order to serve the area containing this development and future developments along McKinney street, a new 20" water line will be required according to a study by Hogan and Rasor Consulting Engineers. The proposed development requires an 8" water line, therefore, an oversize agreement from 8" to 20" is recommended. BACKGROUND The proposed development is located on the south side of McKinney street at Lane street. PROGRAMS, DbPARTMBNTS OR GROUPS AFFECTED Denton Municipai Utilities, present/future Developers, Legal Department and Purchasing. FISCAL IMPACT Estimated costs for an 8" to 20" oversize section of line to be paid for by the City of Denton are as follows: Total costs of a 20" water line along proposed property frontage (S76 L.F. x $45.00/L.F.) $25,920 43570:1 Total cost of an 8" water line to serve McKineey street Baptist Church Addition (577 L.f, x 12,384 Cost of this project to the City of Denton, (dil:ference between a 20" line and an 8" line) $130536 Prepared ))y, Resp fully u witted; c, r David Hang, Asst. Director oyc errs ty anager Water/Wastewater Divisions Approved by; x z / VOZ4~2z e on Director of Utilities Attachment 1- Urdinanx II- Water Main Participation Agreement IlI- Hinutes PUB Meeting of 6/10/86 4357U;2 NO. AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED WATER .WAIN; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to enter Into an agree. nt to participate in the cs+st of providing an oversized water me ain, and WHEREAS, the Code of Ordinances requires that the City Council approve all expenditures $101000 or more; and WHEREAS, 'iection 1,09 of the City Charter requires every act of the Councl) providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the Water Main Participation Agreement, attached hereto, between tt6o City and Denton Baptist Assoclation, Inc., to provide for the City's participation in the cost of providing an oversized water main in accordance with said agreement and the Mayor is hereby authorized to execute the agreement on behalf of the City. SECTION II. That the City Council authorizes the expenditure of funds ;n the manner and amount as specified in the agreement. SECT~111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1986. . RAY 9 CITY OF DENTON, TEXAS ATTEST: CHARLOTTE CITY ~cRT~'fATtY CITY OF DENTONt TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVI'TCH, CITY ATTORNEY CITY OF DENTON, TEXAS B Y s ~Tj~Ic,~n•E.~- s 1432L THE STATE OF TEXAS 3 WATER W.IN PARTICIPATION AGREEMENT BEIVEEN THE CITY OF DENTON COUNTY OF DENTON S AND DENTON BAPTIST ASSOCIATION, INC. WHEREAS, Denton Baptist Association, Inc., hereafter referred to as "Developer," whether one or more, whose business address is 3311 I-3S North, Denton, Texas 76201, wishes to develop and improve certain real property located in the City of Denton, Texas or its extraterritorial jurisdiction and is required to provide such property with adequate water by designing, constructing and installing a water main of a minimum inside diametor of ten inches (10"), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 21S E. McKinney, Denton, Texas 762010 hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1. Developer shall design, install and construct a twenty inch (2011) water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," extending a total distance of approximately five hundred seventy-six feet (5761), located as shown on Exhibit 111," attached hereto and incorporated herein by reference. 2. Prior to beginning construction of the oversized facil- ities, Developer shall enter into a Development Contract, as required by Appendix A of the Code of Ordinances of City This agreement shall be subject to and governed by such Development Contract, which is incorporated Verein by reference, and any other applicable ordinances of City. 3. Prior to beginning construction of the oversized facil- ities. Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. If easements are needed, the deeds therefore obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the effected property owners. Any easements for the oversized facilities obtained by the Developer shall be assigned to City, . if not taken in City's name, prior to acceptance of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title.. 4, The City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City by public bids on the same or similar projects on a per linear foot basis, and the cost of the oversized facilities, as determined by the City, based up(.n the amountt of a bid frog the lowest responsible bidder on the same or similar oversized facilities, shalt be in an amount not to exceed Thirtoen Thousand Five Hundred Thirty-six and No/100 Dollars ($13,536,00), and City shall not. in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost becau;ie of topography, soil, subsurface, or other site condi- tions;; differences in -che calculated and actual per linear feet of pipe or materials needed for the oversized facilities; Deve- loper's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the oversized faciLties. 5,. Within thirty (30) days of the acceptance of, the facili- ties by the City, Developer shall submit to the City's Director of Utilities the actual cost of the oversized facilities. Should the actual cost of the oversized facilities be less than the cost on which the City's share was determined, the City's share of the cost ;shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized ' facilities and the determined cost for required facilities. To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. 6. Within thirty (30) days of the date the Developer has submitted satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer its share of the cost thereof. 7. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for the City at the address given above. • 6. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BAPTIST ASSOCIATION, INC./PAGE 2 ever, by reason of injury to property or persons occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, a its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this agreement, this agreement shall terminate. 10. This Instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained herein. This agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 11. This agreement shall not be assigned by Developer without the express written consent of City, 12. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this contract, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas, . Executed this the day of 1986. DENTON BAPTIST ASSOCIATION, INC. ATTEST: BY: SECRETARY CITY OF DENTON, TEXAS ATTEST: BY: CHARLOTTE ALEEN, I SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BAPTIST ASSOCIATION, INC./PAGE 3 y McKinney Street Baptist Church Addition i J~ + ( f ISTINQ S" WATER LIN im + IL01:K A n.•r tI•r 71 1 SED WA OVERSIZ I w y 1 1 I~ e A .0 r~ I ~ C t Yh ~ p ' EXHIBIT 2 r N,thM DAPlf *%M~AttN, tot. Asl ns 'rtlrt`0 Oss .6 AOtt°TVo" in A N. TOACNM /11111• AOSttAQt 1441 in 6 CON 'i 0► .~#s SAt• Ago •RtNo PARt,N A 9.4136 A ! AJ NINV.,M A SOON 84112A tLAtsR VADLOOR• IT 4► N 040 St Al1NiAlt , . 910, AID tICe1Dto to 9oL0MI 13 ~AN~ 110• tta 1111919 0 $At& Cos9TT. A14 solve NOIs ?"I NI logo mums 0 HOANSl94 C! 1I1 DO1tt1l1/t. COtNIR OF RAID 9.4135 ACRI TRACT AND (m. CINT111 ,t•tMl OF NCIUINaY $Total (F.1; , ROAD 416)1 #TISIGI 80011 73 111011810 34 NINITIN AND 16 $ICONS$ BAST VIVO III }o to of R. NOtIONtY tTRttt A DIITANOt or 60.03 Fall-TO no Is 11214 4 A 6N1t11 V"ues A26 I A CNRYt to 119 LIFT NITS A CRItt9L ANSLI Of OS 11I11a$ 3 '0I18TIS AMD 44 S2C0N61• AM ASO SISTA141 OF 244.61 1FAIT, TIt W1 1 %Q9ALI 1312.146 Ant tot 02010 28410 /Outs 16 111190221/ tl 0!80146 Alt 50 1240901' 248T A 619TAICI OF 244.11 PSI? PTO too Bob OF $Ata claws$ r R11C1 sovil 79 696ANIS Ot MINOT/6 All It SECONDS aA$T A OISTANCR 151.39 ?$$1 TO As ANOtSI INCI $0119 SS 0102986 $0 MINItIS AND 04 {1COM0t to/t A DISTANCI AP 99.14 Its? TO A total; t70011 Its !OUTS a glas l6 33 MINBT9S ASS 00 IICOND$ Mast A DISTA m 464.71 F2st to A9.110% Plus tests 67 OtORtto 33 N:NDTs1 AND DO stems was? A OISTANCI ; 016.00 WIRY TO AN laoM PIN AND 78902 COINS! AT TII J11TNxa{T OINIR Of $At* 9.4136 ACRI TOACTI )masC9 NOtTN O2 10802280 $3 NIN0Ts0 AND 46 $ICOSDS BAIT ALONO AND ■IAl A 18102 A DISTANCE Of 967.!7 PART TO tat POt"T or SICINNINO 11tD COMTAIStNi 6.679! AC1a1 OF LAND. 1011 TIRARPOIL 1118V T18611 URN IT T29t1 FISSINTts 0MATo Nt. *$11T0a BAPTIST ASSOCIATION• too. 00 89112T ADOPT ?III 948IGNATINS M 022119 1+1/091089 PROrN2YT AS LOT 001, BLOCK O1 T1I NCRINIST SYatat ►A1ttST CIVICS &latlloN TO TR9 CtlT 9111"" TttAO• AND q Pt18NT DLNICATN TO 129 Pu1LIC 019 till, TI1 8118110 An BASIN"" t20Yt 2ISa0N. D1280TOR if Nisstall r"airVAITS s RAPT / Ai OC A 1 1 OP TIZAS 22 T T of DIstON 9t. EXCERPT FROM PUJsLIC UTILITIES BQAAD MINUTES JUNE 10, 1986 6. CONSIDER PROPOSED OVERSIZE AGREEMENT WITH MCKINNEY STREET BAPTIST CHU= 1011:10N MO/01 THEIR ASSIGNS YUR A NEW WATER LINE. Ham explained that the Utilities Staff recommends to the Public Utilities Board approval of this oversize agreement for a new water line due to water demands imposed by this and other developments in the area in the near future. In order to serve the area containing this development and future developments along McKinney street, a new 20" water line will be required according to a study by Hogan and Rasor Consulting Engineers. The proposed development requires an 8" water line, therefore, an oversize agreement from 8" to 20" is recommended. According to Ham, the proposed developpmment is located on the south side of McKinney street at eat street. Ham explained that the fiscal impact of this project as follows: Estimated costs for an 8" to 20" oversize section of line to be paid for by the City of Denton are ns follows: Total costs of a 20" water line along proposed property frontage (576 L,Y. x $45.00/L.F.) $25,920 Total cost of an 8" water line to serve McKinsey street Baptist Church Addition (576 L.F. x $21.50/L.F.) 12,384 Cost of this project to the City of Denton, (difference between a 20" line and an 8" line) $13,536 Coomea motion to approve the proposed oversize agreement. Frady second. All ayes, no nays, motion carried unanimously. iS12G NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF FRY STREET BETWEEN THE INTERSECTIONS OF WEST OAK AND SCRIPTURE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY • NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEkEBY ORDAINS; SECTION 1. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon the following street in the City of Denton to-wits The west side of fry Street between the intersections of West Oak and Scripture. SECTION it, The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of streets designated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION III. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars (¢200.00). SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, SECTION V, That this ordinance shall become effective fourteen ( 4) days from the date of its passage, and the City Secret s> 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. Rxy STOPRENS o- MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE MEN CITY SECRISTRY CITY OF PENTON,,TEXAS APPROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: MINUTES Citizens Traffic Safety Support Commission June 2, 1986 PRESENT: Gilbert Berstein, Chairman - Doris Chipman, Gene Gohlke, John Tompkins, Bruce Chamberlain ABSENT: Dan Martin, Virginia Gallian and Wayne Autrey The meeting was called to order by Gilbert Berstein at 500 a.m., on Monday June 2, Vivian Edwards made a motion to approve the minutes of May 5, 1986 and Gene Oohlke seconded the motion. Motior passed unanimously. ITEM 2 NO PARKIN^_ %N WEST SIDE OF FRY STREET BETWEEN OAK AND Sr IPTUR Jerry Clark presented the recommendation to the board. He said the issue had been before the board on February 3, 1986. At that time, Ms, Schorer Barry spoke against changing the west side of Fry street to no parking. The board told Ms. Barry a petition was needed having 80% of the property owners signatures in order to consider the change. Jerry said the petition had been received from Mr. Moore and the staff supported the petition for no parking. Don Moore property owner on Fry street came forward to speak in favor of the request. He said they have had trouble getting dumpsters emptied. Mr. Moore contacted the City of Denton Solid Waste Department about getting dumpster pads and they recommended changing the street to no parking. Other property owners on Fry have expressed the same problems to him. Mr. Moore presented pictures showing parking problems and congestion. STAFF RECOMMENDED: Approval of request COMMISSIONERS: Vivian Edwards made a motion to accept the recommendation as stated. Bruce Chamberlain seconded the motion. Motion passed unanimously. ITEM 3 CONSIDERATION OF A FOUR-WAY STOP AT ALICE AND WESTWAY Joe Thompson, Traffic Foreman came forward and presented traffic studies which showed the average speed limit of 31 MPH over a three day study. Two accidents were listed for the past year at the intersection but four in the general area. Five are required to meet accident warrants for a four-way stop sign. 9Y:~1 Oft BROADWAY J W Y PANHANDLE U L ELAN ENA c~ CONO^ J SCRIPTURE 0 J LA z In 49 a0 HAYNE p 0% z w. oaK W. Hi Y w S LB R ao d MU B RR 1 W SYCAMORE I L. _ SYCAMOF N rEDWARDS CHE$TNVT ~ I d PRAIRE PRAIRI: O v Hi LANg W ~I t MAPLE t ` 1104L NO. AN ORDINAACE ACCEPTING THE DEDICATION BY DEED FROM BARWORTH CORPORATION Of CERTAIN REAL PROPERTY SITUATED IN THE V. E. GAILOR SURVEY, ABSTRACT NO. 452, DENTON COUNTY, TEXAS, AND RECORDED IN • VOLUME 513, PACE 351 OF THE DEED RECORDS OF DENTON COUNTY, TO THE CITY OF DENTON, TEXAS, FOR THE USE OF S tID PROPERTY AS A PUBLIC STREET, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, The Cityy of Denton, Texas, hereby ac:epts the conveyance and dedication by deed from Barworth Corporation of that certain real property situated in the V. B. Gailor Survey, Abstract No. 451, Denton County, Texas, and recorded in Volume 513, Page 351 of the Deed Records of Denton county, to the Clay of Denton, Texas, for the use of s-tld property as a public street and for utilities, said property being more particularly described as follows: ALL that cers;ain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the V.E, Gailor survey, Abst. No. 4520 and also being part of a tract of land as conveyed from Repose Enterprises, Inc. to Denim Corporation by deed dated Suptesber 3, 1964 recorded in Volume 51:3, Page SS1 of the Deed Records of Denton County, Texas, and mote particularly described as follows: TRACT I BEGINNING at the northeast corner of Lot 1, Block K, revised plat of the Towne North Addition, fourth section, said point also lying in the west right-of-way of Stuart Road; THENCE south 890 49' 20" west, along the north boundary line of said lot., (by plat north 890 33' west) a distance of 19.9 feet to a point for a corner; THENCE north 00 09' east, 40 feet west of and parallel to the centerline of Stuart Road, a distance of 415,36 feet to a point for a corner, said point lying in the flair of Loop 288 right-of- way; THENCE south 450 10' 31" east (by dead south 430 42' 14" east), a distance of 39.38 feet, to a point for a corner; THENCE north 890 35' 40" east (by dead south 880 S6' 0311 east), a distance of 12 feet to a point for a corner, said point lying in the center of Stuart Road, same being the westerly northwest corner of the south tract conveyed to Joseph J, Tallal, Jr. Trustee, by deed recorded in volume 1718 page 219 of the deed records of Denton County, Texas; THENCE south 00 09' west, along the center line of Stuart Road, same being the west boundary line of said south tract, a distance of 387,S6 feet to a point for a corner; THENCE south 890 49' 20" west, a distance of 10.1 feet to the place of beginning and containing 0.364& acres of land more or less. TRACT It BEGINNING at the northeast corner of the said Denim Tract, same being the southeast corner of a tract conveyed to A. Ben Pinnell, r Jr., trustee by deed recorded in Volume 1721, Page 56S of the Deed Records of Denton County Texas, sate point also lying in a road known as Stuart Road; THENCE south 00 09' west, along the west boundary line of said Denla Tract, and In Stuart Road, a distance of 4,7 feet to a point for a corner; THENCE south 890 3S' 40" west, a distance of 11.70 feet to the right-of-way flair for Loop 298; THENCE south 450 49' 23" west, along said flair, a distance of 39.S6 feet to a point for a corner; THENCE north 00 09' east, a distance of 32.2. feet to a point for a corner said point lying in the north boundary line of said Dente Tract; THENCE north 890 48' 35" east along the north boundary line of said tract a distance of 40 feet to the place of beginning and containing 0.0133 acres of land more or legs. SECTION II. That the City of Denton hereby accepts the conveyance and dedication of the real property described in Section I hereof for the purposes of a public street and for utilities. SECTION III. The Planning and Zoning Commission of the City of Denton is hereby authorized and directed to let the real property herein dedicated be designated as a public street an the official Map of the City it Denton, Texas. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of' 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: C.TY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A PAGE Two 1104L THE STATE OF TEXAS S S'l41iBT DEDICATION COUNTY OF DENTON I That Barworth Corporation, hereinafter known as Grantor, for and to consideration of the mutual advantage to accrue to the Grantor and the City of Denton do by these presents dedicate co the uae of the public and the City of Denton, Texas, for the purpose of streets and utilities the following described property, to-wit: ALL that certain lot, tract or parcel of land lying and being situatad in the City and County of Denton, State of Texas, and being part of the V.S. Gailor survey, Abst. No. 4S2, and also being part of a tract of land as conveyed from Raposa Enterprises, Inc, to Dania Corporation by deed dated September 3, 1964 recorded in Volume 51$, Page 3$1 of the Deed Records of Denton County, Texas, and more particularly described as follows: TRACT I BEGINNING at the northeast corner of Lot 1, Block K, revised plat of the Towne North Addition, fourth section, said point also lying in the west right-of-way if Stuart Road; THENCE south 890 49' 20" west, along the north boundary line of said lot, (by plat north 890 33' west) a distance of 19,9 feet to a point for a corner; THENCE north 00 09' oast, 40 feet west of and parallel to the centerline of Stuart Road, a distance of 41S.36 feet to a point for a corner, said point lying in the flair of Loop 288 right-of-way; THENCE south 4S0 l0' 31" east (by dead south 430 42, 14" east), a distance of 39.38 feet, to a point for a corner; THENCE north 890 35' 401' east (by deed south 880 S61 03" east), a distance of 12 feet to a point for a corner, said point lying in the center of Stuart Road, same being the westerly northwest corner of the south tract conveyed to Joseph J. Tallal, Jr. Trustee, by deed recorded in volume 1718 page 219 of the deed records of Denton County, Texas; THENCE south 00 09' west, along the center line of Stuart Road, some being the west oundary line of said south tract, a distance of 187.S6 feet to a point for a corner; THENCE south 890 49' 20" west, a d!stance of 20.1 feet to the place of beginning And containing 0.3648 acres of land more or less. TRACT II BEGINNING AL the northeast cornet of the said Dania Tract, same being the southeast corner of a tract conveyed to A. Ben Pinnell, Jr., trustee by deed recorded In Volume 1721, Page 565 of the Deed Records of Denton County Texas, said point also lying in a road known as Stuart Road; THENCE south 00 09' west, along the west boundary line of said Dania Tract, and in Stuart Road, a distance of 4.7 feet to a point for a corner; THENCE south 890 35' 40" west, a distance of 11.70 feet to the right-of-way flair for Loop 288; THENCE south 4S0 40, 23" west, along said flair, a distance of 39.56 feet to a point for a corner; THENCE north 00 09' east, a distance of 31.22 feet to a point for a corner said point lying in the north boundary line of said Dania Tract; THENCE north 890 48' 35" east along the north boundary line of said tract a distance of 4C feet to the place of beginning and containing 0.0133 acres of land more or less. The recitation of consideration herein is for the purpose of providing consideration as required by law to cause this dedication to be effective and binding on all parties hereto. TO HAVE AND TO HOLD the hereinbefors described property to the public and the city of Denton, Texas for streets and utilities forever, WITNESS our hands this the ~ day of 1986. BARWORTH CORPORATION BY: j rye s,c~F n.f' THE STATE OF TEXAS S COUNTY OF DENTON 5 On this-daof , 19869 before me / e, ua~ ers gn Notary Public, persona y appeare personally known to we (or prove to me on the as s o satisfactory evidence),,-J o bey the person who executed the within insttunent as Y.; 1.1 J,: 24- of Barworth Corporation, an behaIT of B-drworc Corporation t erein named and acknowledged ro me that the corporation executed it. WITNESS my hand and official seal. ~ EM[RI[OVraOM , t~7 / , ~ ` ' GC ,('/,i. a r,Me aw r ur w Ago Woo 1" to OT L~ PAGE TWO August S, 1986 CITY COUNCIL REPORT FORMAT . 102 MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Ordinance Approving an Amendment to the Agreement Between the City of Denton and Freese & Nichols for Engineering Services in Regard to the Raw Water Discharge/Pump Station Structure for Ray Roberts Reservoir, and Providing for an Effective Date. RECOMMENDATION The Public Utility Board at their meeting of April 16, 1986 recommended approval of subject ordinance approving amendment to the site selection study. SUMMARY/BACKGROUND Freese $ Nichols has conducted a site selection study in which they recommended the site location in the northwest sector of the city. Subsequent engineering analysis has initiated a concern in water pressure in some areas in the northwestern part of the city with such site location. ',,ost of the property for the 30 acre site in the northwestern section of the city has also increased beyond budgeted figures. Due to these reasons, It may be necessary to continue efforts to determine a site location that would be most beneficial to the City of Denton. The Staff has also requested Freese & Nichols to include in this contract amendment engineering services to investigate requirements for a raw water discharge/pump station structure for the Ray Roberts Reservoir. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton Municipal Utilities, support services 4434U:1 a P I5(:AL IMPACT Not to exceed 46,000 bringing the revised maximum fee for this study to 14,8,000 based on the additional scope of the work. (See Exhibit II) Prepared by: Resp c fully su fitted: R. E. Nelson oy arreli, Director of Ut lities City Manager Appro ed by: r R. E.' Nelson D"~ O(AcSi"f `Utilities Exhibit I Site Study Amendment Letter to REN - Freese F, Nichols 4/8/86 II Ordinance 6 Amendment III Minutes PUB 4/16/86 4434U:2 '15224 NO. AN ORDINANCE APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND FREESO ; NICHOLS FOR ENGINEERING SERVICES IN REGARD TO THE RAM WATER DISCHARGE/PUMP STATION STRUCTURE FOR RAY ROBERTS RESERVOIR, AND PROVIDING FOR AN EFFECTIVE DATE, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SBCTION 1. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, Amendment No, 1 to the agreement between the City of Denton, and Freese $ Nichols, Consulting Engineers, providing for professional services comprising of engineering services for the raw water discharge/ pump station structure for Ray Roberts Reservoir under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. I SECTION 11. I The expenditure of funds is hereby authorized in an amount not to exceed'$26,000. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986. 1 CITY OF DENTON$ TEXAS i ATTEST: CHARLOTTE ALt , CITY SECRETX17 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY; , TWTv-~ 77 AMEMKNT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES The Contract for Engineering Services entered into on the 2nd day of October 1984 by and between the City of Denton, Texas, and Freese and Nichols, Inc. shall be amended as set forth hereirunder. The said Con- tract is attached as Exhibit A. 1. That Section 11 - Character and Extent of Services is hereby amended to include the following to wit: 11 CHARACTER AND E%TENT OF SERVICES The Engineer shall perform professional services cly engineering studies, including a cost effective analysisiof available sites for construction of a municipal water treatment plant near Lake Ray Roberts, and available sites for construc- tion of a booster pump station and ground storage facility on the northeast section of the City. The Engineer shall also perform an analysis for either connecting to the intake struc- ture which is to serve a future Hydroelectric Facility or construction of a separate intake structure for supply of raw water to the water treatment plant at Lake Ray Roberts. 2. That Section III - Scope of Services is hereby amended 'to include the following to wit: III. SCOPE OF SERVICES The selection and evaluation of sites for the treatment plant near Lake Ray Roberts and for the booster pump station near the Northeast edge of the City will be conducted concurrently and will cc„sist of the following scope of work: 1) Locate potential sites with suitable topography and area for the water treatment plant and booster pump station. 2) Conduct field inspection of the possible sites and reduce the number to those which have the best potential. 3) Select for each of the water treatment plant and the booster pump station sites a tentatik,: routing for raw water line, high service line connectnn to the distribu- tion system and to potential customer cities, sludge disposal requirements, access road, electrical services, and pumping requirements. 4) Pplant repare aandtoboo: *to&t w plant layout or etchwater treatment ter peep station sifte with consideration given to future expansions. Prepare estimates of probable construction and operation cost for comparison between the sites. 5) Coordinate with a soils laboratory for drilling at least two (2) test holes on each site selected for final can- sideration to determine soil classification and to eval- uate foundation requirements. 6) Prepare a draft report summarizing the basic data obtained in the study and presenting recommendations and compara- tive estimates of construction and operations cost. 7) Following approval of the draft report twenty-five (25) bound copies of the final report shall be presented to the Owner. The scope of work for the analysis of the raw water intake structure will include the following: 1) Analysis of connecting to the intake structure for the Fydroelectric Facility or construction of a new intake structure for the supply of raw water to the water treat- ment plant. For each alternative Engineer will develop estimates of probable construction costs, conduct an impact analysis on the operation of the lake and the , and cerningetheirawawaterI ntake preparecturerecommendations ons con- 2) Prepare a letter report sutimarizing the results of the analysis and present recommendations. 3. That Section IV - Time of Completion is hereby amended as follows to wit: IV. TIME OF COMPLETION Tka letter report on the analysis of the raw water intake structure shall be delivered to the Owner within forty-five (45) calendar days following authorization to proceed. The draft report on the water treatment plant and booster pump station shall be delivered to the Owner within ninety (90) calendar days following authorization to proceed. The final report shall be delivered to the Owner within fifteen (15) calendar following review and approval of the draft report. Execution of this Amendment I shall be considered as authori- zaation to proceod. 6. That Section Y - P#ywt is herby aftnded as follows to wit: Y. PAYMENT Method of P""t for "gineerSng services shall be in accor. dance with Section V PAMnt of Agreement dated October 2, 1984. The yxiMIUM fee for this additional scope of work shall be $26,000 and the revised aaxlexaa fee shall be $48,000. The Contract Amendment No. 1 is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this Agreewent, this day of 1986. ATTEST: CITY OF DENTON Owner ey ayor WITNESS: FREESE AND NICHOLS, INC. Engineer es c s, res en ti"e" It Pene& R L AL & 01001eL;6 At a0ee" L. Mu"606A RR Li" a tom". A& per:arc ~w~ ILI INC. ~ 4L I k ""000001 W. P.N. C O N S U L T I N 0 E N 0! N E E R 3 +"M" IL 00" AL M"e"et IL "Mm". Rs. T. A"Y"OW S M R 4 eM IL tMt" 0..". At & NAP" P. P. L April 8. 1986 "M"41". R.". "L»" e. R". Jf" VL. KMLW RL & L" W" K 016. ne"t" m. "me". R". NO"" & "e"M"OM. 0.4 C, "on P"040. R.". ee6"n7 F. mi. Mr. Robert E. Nelson, P.E. N.. eeTNK,..{. Director of Utilities 0" City of Denton Municipal Building Denton, Texas 76201 Re: Water Treatment plant Site Study Amendment Dear Bob: This letter is in response to the City's request for a proposal to amend the scope of the Mater Treatment Plant site study, The original study consisted of selecting and evaluating potential sites for the City of Denton's future water treatment plant in the Northwest quadrant of the City. At the time of the original study, it was proposed that the City would utilize a one pressure plane system for distribution of treated water. Several potential sites were identified and evaluated based on energy costs, distribution system computability, land costs, and estimated construction costs. The site locations wera analyzed for their impact on the distribution system by perforAing computer modeiiny of the system pressures for each site. The City staff evaluated land costs for the selected locations. As a result of the analysis, it appears that land costs may be prohibitive for locating the plant site in the Northwest quadrant of the City. In addition the results of the water distribution system analysis indi- cates that how pressure problems may occur in isolated areas of the North- west section during peak demand periods in a single pressure plane system. Another aspect which developed during the course of the study was the potential treated water service to outlying cities by the proposed treat- ment system. Based on the above findings, it appears that a more advantageous course of action 'would be to select a water treatment plant site near lake Ray Roberts and provide a booster pump station in the Northeast quadrant of the City to boost the treated water into the system. This would provide for a two pressure plane system, and would eliminate the low pressures in the northwest section of the City. This system would also be more cost effective in serving outlying cities since water would not have to be pumped into the City and then pumped back out to the various customers. et I LAMAN 0T1t[[T F 0 P T W 0 A TH. T[%L" 7" 102 TIt La 0 00 N[ 1 17 a30•7tat M[TRO "t7 4 2"•1e00 `T7 fwpwl Letter to Robert E. Nelson, P,E, April 8, 1"d Page 2 We therefore We, , propose to conduct further site selection analysei for a water treatment plant site near Lake Ray Roberti, for a booster pump station and ground storage facility in the Northeast Quadrant of the Ciity$ and conduct an is to serve the analysis liydroeTectrlciFaciinto Inke lty or constructing a structure intake structure for the water treatment plant. u_?P The selection and evaluation of sites for the treatment plant and booster station will be conducted concurrently and will consist of the fol- lowing scope of work: 1. Locate potential sites with suitable topography and area for the water treatment plant and booster pump station. 2. Conduct field inspection of the possible sites and reduce the number to those which have the best potential. 3. Select for each of the water treatment plant and the booster pump station site a tentative routing for raw water line, high service line connection to the distribution system and to potential customer cities, sludge disposal requirements, access road, elec- trical services, and pumping requirements. 4. Prepare tentative plant layout for each water treatment plant and booster pump station site with consideration given to future expansions. Prepare estimates of provable construction and operation cost for comparison between the sites. 5. Coordinate with a soils laboratory for drilling at least two (2) test holes on each site selected for final consideration to determine soil classification and to evaluate foundation requi- rements. 6. Prepare a draft report summarizing the basic data obtained in the study and presenting recommendations and comparative estimates of construction and operations cost. 7. Following approval of the draft report twenty-five (25) bound copies of the final report shall be presented to the owner. The scope of work for the analysis of the raw water intake structure. will include the following: m . Letter to Robert E. Nelson, P.E. April 8, 1"G Page 3 1. Analyses of connecting to the intake structure for the Hydroelec- tric Facility or construction of a new intake structure for the supply of raw water to the water treatmerit lint. For each alternative we will develop estimates of probable construction costs, conduct an impact analysIs on the operation of the lake and the Wdroolectric Facility, and prepare recommendations concerning the raw water Intake structure. 2. Prepsre a letter report summarizing the reruits of the analysis and present rec(awndations. Time of Completion we propose to deliver the letter report on the analysts of the raw water intake structure within Vorty-five (45) days following authorization to' proceeo. The draft ~aport of the site selection stur,y will be presented to the Owner within ninety (90) days following authorization to proceed. The final report will be submitted within fifteen (16) days following the Owner's review and approval of the draft report. P aymen t We propose to perform the, amended work on a cost tlsw;is a multiplier basis in accordance with the attached Schedule of Charges„ with a maximum fee, exclusive of laboratory charges, not to exceed $26,01;10 without prior ap- proval from the City of Denton. The revised maximi,im fee would become $480000 based on the additional scope of work. We appreciate the opportunity to submit this proposal and look forward to meeting with you to discuss this project in further deltAil. Very truly yours, FRE E AND I05 So INC. ales R. N1ch0111, P.E. president JRN:jd L 4. RECEIVP. REPORT FROM FREESE 8 NICHOLS ON WATER TREATMENT Bob Penn and James Nichols explained the water treatment plant site study to the Board. The various implications and ramifications of the several possible sites were examined and discussed by the Board. 'Freese and Nichols recommended the new 30 acre water plant site be located in the northwest sector of the city. Subsequent engineering analysis has initiated a concern about water pressure in some high elevation areas. Cost of property in the northwes~ern sector of the city has increased beyond budgeted figures. The Board discussed site selection and the connection between site selection and Denton's reoponsibility as a regional water supplier. No action was required by the Board. S. CONSIDER CONTRACT AMENDMENT WITH FREESE 4 NICHULS ON WATER Freese 4 Nichols has conducted a site selection study in which they recommended the site location in the northwest ;sector of the city. Subsequent engineering analysis has ;initiated a concern in water pressure in some areas in the northwestern part of the city with such site location. i'ost of the property for the 30 acre site in the northwestern section of the city nas also increased beyond budgeted figures. Due to these reasons, it may be necessary to continue efforts to determine a site location that would be most beneficial to the City of Denton. The Staff has also requested Freese 4 Nichols to include in this contract amendment engineering services to investigate requirements for a raw water discharge/pump station structure for the Ray Roberts Reservoir. Boyd motion to amend the water treatment plant site study contract work Freese and Nichols to encompass the new scope of work. Thompson second, all ayes, no nays, motion carried unanimously. `'13 J,?Zalg& August S, 1986 CITY COUNCIL REPORT FORMAT TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT: Consider Ordinance to Contract approving Management Applications Consulting, Inc. for the Utility Rate Study for 1986. RECOMMENDATION The Public Utility Board at their meeting of July 23, 1986 recommended approval of Management Applications Consulting, Inc., (MAC.) as the 1986 Rates Study Consulting Group. SUMMARY/BACKGROUND: A copy of the request for proposals that was sent to 12 consultants is attached herewith. The Utility Department received proposals for the subject study from the following eight firms. 1. Management Applications Consulting (MAC), Austin, (A gro!ip of ex Gilbert Commonwealth personnel) Black & Veatch, Kansas City, Missouri. 3. Arthur Young, Tulsa, uklahoma. 4. Management Resources international (MRI), Reading, Penn. (A group of ex-Gilbert Commonwealth personnel) 5. Camp, Dresser $ McKee ((.DM} (water/sewer), Dallas, Texas. Price .',,aterhouse (electric), 6. Willis, Groves & Morgan (water/sewer), Austin, Texas. R. J. Stanley t, Associates, Richardson, Texav,. 7, Arthur Anderson, Dallas Texas. 81 Peat, Marwic!. (electricl, Dallas, 'texas. Fspey, Huston $ Associates (water/sewer), Dallas, Texas. Roland Laney, Lloyd Harreil, John McGrane and Bob Nelson met and selected the following three firms to provide presentations to the Board on Wednesday, July 23, 1986, The above selectiun committee cited the following issues in their reviews and deliberation of these three firms: 4426U:10 p; 11 Management Applications Consulting, Inc. o Texas based o Extensive PUC experience o Principal, John Wagoner, did the detailed work on Denton water rates in 1983 o Understands municipals o Has Revenue pro forma software o Has good Cost of service software o Has good production dispatch model,, for seasonal rates voltage level (NTSU, TWU, etc) do not use average $ excess cost of service model o Will test revenue adequacy of new rates o Will compare bills with old and new rates o MAC has experience w/time of day rated in Texas o Load management experience o Experience in demand ratchet issues o Familiar with local government rate issues o Familiar with co-generation standards/issues o Will use microcomputer for study and provide Denton with all software o Will use AWWA standards o Will comppare water/sewer rates in area o Will fol- Texas Water Commission standards o Wholesale customers will be priced at marginal, MAC has experience with this methodology o Will analyze mobile home rates per TWC o Very good software programs o Applicability of "impact fees" will be an alternative evaluated in the water/sewer part of the study Have concern regarding capital base allocation of water/sewer system; concern over "val~ae of service" for sewer. o Schedule: August 5- Start August 11- Meeting October 28- Complete October 30- Ready to submit 4426U:11 2. Arthur Anderson o Will evaluate systems revenue requirements o Will develop cost of service study o W111 evaluate alternative rate designs o Will develop compliance guidelines o Will provide microcomputer rate software package o Will group costs by function; segregate functionalized costs by service characteristics; pro rate classified costs to customer classes; design rates o Arthur Anderson personnel have a good background in rate regulation o Main staff person, Cathy Thompson, has excellent regulatory knowledge o Arthur Anderson was the city auditor in 1984 and 1985; o Arthur Anderson has a good understanding of accounting requirements for rates Concern that the proposal has limited information on scope of work, and how Arthur Anderson will conduct study and, specifically, how issues will be addressed, 3. Willis, Graves & Morgan/Stanley o WGM recently complete the "capital recovery fee" study for Lewisville a R.J. Stanley reviously worked for Gilbert Associates and has some familiarity with Denton o k.,l. Stanley previously worked for EBASCO and conducted rate study for TMPA o WGM is familiar with TMPA's impact on Denton 0 Will analyze revenue requirements o Will not propose rates that cause dramatic shift in rates from one customer class to another, however will recommend movement of rates in accordance with PUC guidelines o Will use Denton's cost of service software, review same and revise if necessary o Will use Denton's software in developing rates and leave complete software with Denton o Will review TMPA's cost on impact cL load managemei►t and will review other area utilities' practices and make recommendations o Will develop software to compute present and proposed costs to customers based on KW and KWH requirements o Water rates will consider conservation incentives o WGM/Stanley plans to custom develop software for bill frequency analysis, cost functionalization, rate comparisons, demand analysis and trending and provide all software to Denton. 4426U:12 The order for the Consultants' presentations will be as follows: 1. Management Applications Consulting, Inc. (30 minutes) 2. Arthur Anderson 4 Company (30 minutes) 3. Willis, Graves $ Morgan/Stanley (30 minutes) Following is a list of pertinent questions that should be considered when selecting the rate consultant. 1. Appropriate understanding of scope of work. 2. Apparent knowledge of utility rate making. a# revenue requirement analysis b. accounting systems c. electric/water/sewer operations and costs d. rate methodologies ee rate alternatives f. regulatory guidelines/standards g, customer response to rate proposals 3. Understanding of municipal environment 4. Assignment of personnel to project 5. Experience of assigned personnel 6. Past clients After all consultants have made t,ieir presentations, the professional fees will be taken into consideration as the final step before making the selection of the consultant. The fee proposals will be provided at the Board meeting. The Board deliberated, and selected Management Applications Consulting (MAC) as the preferred rates study consultant. PROGRAMS, DbPARTMBNTS OR GROUPS AFFECTED: Denton Municipal Utilities, Citizens, Legal Department FISCAL IMPACT: $39,500- Consultant F' c 4426U:13 Y.E. aced by- Res tfull Nelson oy Harrel Director of Utilities City Manager approved by r RJ E. e sO Director of Utilities EXHIBIT I Request for Proposal 11 3 Rate Proposals III Minutes PUB Meeting of 7/23/86 and 6/10/86 IV Ordinance V Contract with MAC 44260:14 912 1162G i NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON • AND MANAGEMENT APPLICATIONS CONSULTING, INC. FOR CONSULTING SERVICES IN CONNECTION WITH THE 1986 RATE STUDY FOR ELECTRIC, WATER AND WASTEWATER SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. NOW9 THEREFORB, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Management Applications Consulting, Inc., providing for professional services in connection with the 1986 Rate Study for Electric, Water and Wastewater Services under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION 11, f The expenditure of funds is hereby authorized in an amount not to exceed $39,500. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this the day of 1986. I RAY STEPHENS, MAYOR CITY OF DENTON, TEXA'J ATTEST: CHARLOTTE XLLEN CITY SECKIMY CITY OF DENTON,jTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY j CITY OF DENTON, TEXAS BY: /7 IV .4 0~ 1461L THE STATE OF TEXAS I AGREEMENT BETWEEN THE CITY OF DENTON AND MANAGEMENT COUNTY OF DENTON I APPLICATIONS CONSULTING, INC. This contract entered into this day of , 19860 by and between the City of " Dent n, Texas, are na ter referred to as "Owner," acting by and through Ray Stephens, its Mayor, duly authorized to act, and Management Applications Consulting, Inc., Austin, Tx., a corporation duly authorized to transact business within the State of Texas, hereinafter referred to as "Consultant". WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows. 1. EMPLOYMENT OF CONSULTANT The Owner hereby employs the Consultant and the Consultant agrees to perform all necessary professional services as herein set forth in connection with the 1986 Rate Study for Electric, Water and Wastewater Services, II. CHARACTER AND EXTENT OF SERVICES The Consultant shall perform professional services as listed below in the Scope of Services and as further described in Consultant's proposal as submitted on July 15, 1986, attached hereto as Exhibit A. SCOPE OF SERVICES A. General 1. Conduct a utility rate study to assure that present rates correctly reflect present cost of service. 2. Conduct a review of Owner's compliance with the Federal Public Utility Regulatory Policy Act, and the 'texas Public Utility Commission; and develop a City of Denton, Electric System PURPA Compliance Guide that will outline present status and future requirements for PURPA and Texas PUC compliance. 3. Conduct a review of owner's compliance with the regulations and policies of the Texas Water Commission, American Water Works Association, and NUMMUNNIM i develop a City of Denton Water System compliance guide that will outline present status and future requirements for TWC compliance. 4. Develop a Utility Rate Design Software Package for the microcomputer systems to be used by the Utility Department in future rate studies. B. Electric Rate Study 1. Financial Analysis. The Consultant shall review the electric utility's historical and future revenue requirements and expenses. The Study shall anticipate costs and revenue requirements and develop rates to be applied for the next fiscal year. Projected future capital and operating expenditures will be provided by the Utility Staff, but shall be reviewed and analyzed by the Consultant. The rates shall be designed to provide revenue su;-h that bond rate covenants are met. Bond covenants require that pledged revenues be 1.25 times average debt service requirements. However, revenues shall also be such that net income is sufficient to allow an annual discretionary transfer from the Electric Fund to the General Fund equal to six percent (61) of net investment (system equity). 2. Rate Design Structure. The Consultant shall evaluate the cost associated with serving various identifiable classes of customers. Rates shall be designed to recover such associated customer class costs as much as possible, however, recognizing such rate making principals as moderating any significant changes of historical rates. Customer classes shall be of similar description to current rate-making practices of area utilities and the Texas Public Utility Commission, to the extent that such classes are applicable to the City of Denton's electrical system. Rate structure design shall take into consideration applicable PURPA requirements of Title I, Subtitle B, Section 111(d)(1-6): a. Cost of Service. The rates charged for providing electrical service to each class of electric customers shall be designed, to the maximum extent PAGE 2 practicable, to reflect the costs of providing electrical service to such class. b. Declining Block Rates. The energy component of a rate, or the amount attributed to the energy component in a rate, charged for providing electric service during any period to any class of consumers may not decrease as kilowatt hour consumption by such class increases during such period. Exception to this principal occurs where such costs for providing electric service to such class are attributable to such energy component decrease as such consumption increases during such period. c. Time-of-Day Rates. The Consultant shall consider an experimental time-of-day rate. Such rate shall be available on a request basis to a maximum of 100 customers approved by the Director of Utilities. Such time of day rate shall reflect the costs of providing electric service to such class of electric consumers at different times of the day unless such rates are not cost effective with respect to such class, d. Seasonally Adjusted Rates. The Consultant shall review and consider rates charged for providing electric service to each class of electric consumer on a seasonal basis which reflects the costs of providing service to such class of consumers at different seasons of the year to the extent that such costs vary seasonally for the electric system. e. Interruptible Rates. The Consultant shall consider and develop an interruptible rate applicable to industrial and commercial electric customers of appropriate size. The interruptible rate shall reflect the cost of providing such service to the class of consumer receiving such service. f. Ln•, Management Techniques. The Consultant shall review Owner's load management techniques and make recommendations for improve&ent. Rate structure design will also take into consideration the following additional factors and rate design elements: g. Cogeneration. The Consultant shall. consider and develop a cogeneration rate. Such rate shall PAGki 3 consider cusitomer-owned and operated energy production sy;items that may provide energy for the customer, plus generating excess energy that may be fed into owner's electric system, h. Stand By Power or Back Up Power. The Consultant shall review the applicability of a rate to provide stand by or back up power for cogenerators or small power producers, This change reflects purchased power costs t() the City of Denton. The Consultant shall confirai whether such charge conforms to generally accopted practices of similar charges of other area utilities, and that such charges are in compliance with appropriate laws and regulatory agencies. i. Wheeling Rate, The Consultant shall consider and develop a wheeling rate. Such rate shall consider customer-owned, and operated energy production systems that may provide energy for the customer, plus generating excess energy that may be transferred through Owner's electric system to customers of the cogenerator located within or outside the Owner's system. 3. Rate Making Standards, The Consultant shall review, evaluate and make appropriate recommendations as to Owner's compliance with PURPA rate making standards contained Title It Subtitle B, Section 111(d)(1-6) regarding: Cost of Service Declining Block Rates Time-of-Day Rates Seasonally Adjusted Rates Interruptible Rates Load Management Techniques Additional rates and rate factors to be considered are: Cogeneration Energy Cost Adjustment Sand By or Back Up Power Wheeling Rate 4. Consideration and Dotermination of Standards. The Consultant shall review, evaluate and make appropriate recommendations as to Owner's compliance with PURPA's request to consiider and determine such standards as PAGE 4 described in Section 111 of PURPA regulations. if necessary, the City of Denton Public Utility Board will plan to hold public hearings and take testimony relating to the above-referenced standards (see section II. A. 3, above). Public hearings will be held at the conclusion of the rate study prior to final adoption of the rates. C. Water and Wastewater Rate Study 1. Financial Analysis. The Consultant shall review the water and wastewater utility's historical and future revenue requirements and expenses. The Study shall anticipate costs and revenue requirements and develop rates to be applied for the next fiscal year. Projected future capital and operating expenditures will be provided by the Utility Staff, but shall be reviewed and analyzed by the Consultant. 2. Rate Study. The Consultant shall reviow the revenue requirements and the cost allocations of the Water and Wastewater divisions. The study shall encompass the following areas: Departmental capital requirements, operating expenses and return on investment Payments, revenue expectations, revenue requirements and allocation of expenses Rate structures The report shall consider the Water and Wastewater divisions as totally separate for expense and revenue purposes except as combined expenses such as administrative, might be allocated oa a pro rata basis. The Consultant will evaluftte tho cost associated with serving various identifiable classes of customers. Rates shall be designed to recover such associated customer class, recognizing such rate making principals as moderating any significant changes of historical rates. Customer classes shall be of similar description to current rate-making practices of area utilities and the Texas Water Commission, to the extent that such classes are applicable) to the City of Denton's water and wastewater system. PAGE S i;~i'i 3. Department Capital Requirements, Operating Expenses, and Return on Investment Payments. The Consultant shall analyze carefully the future revenue requirements, taking into consideration planning and technical reports prepared by Freese 4 Nichols. The capital requirements and operating expense of the eventual wastewater treatment plant expansion shall be considered. Analysis of future operating costs must be conducted, taking into consideration state and national water quality regulations, energy costs, etc. Return on investment of 61 per annum shall be included in the revenue requirements. The Consultant shall conduct z cost of service study for the Water and Wastewater divisions to determine the proper rate structure for e;ich class of customer. Proper consideration shall be given to past facility extension policies as they relate to the allocation of costs to customer classes. Rates shall be recommended that properly establish user charges and industrial cost recovery. Such rates shall conform to the regulations set out by the Environmental Protection Agency in Part 35 of Title 40 relating to user charges and industrial cost recovery, pursuant to section 204(b) of the Federal Water Pollution Control Act Amendments of 1972, PL92-SGO. Rate structure design shall take into consideration applicable Texas Water Commission requirements. a. Residential. The rates charged for providing water service to each class of water customers shall be designed, to the maximum extent practicable, to reflect the costs of providing wager service to such class. b, Commercial. The Consultant shall review the current commercial water -ate schedule and determine whether the existing schedule is designed to conform to generally accepted practices of similar charges of other area utilities, and determine whether owner's schedule and practices are in compliance with Texas Water Commission rules and regulations. e. Seasonally Adjusted Rates. The Consultant shall review and consider rates charged for providing service to each class of water consumer on a seasonal basis which reflects the costs of PAGE 6 providing service to such class of consumers at different seasons of the year to tho extent that such costs vary seasonally for the water system, d. Wholesale Rates. The rates charged for providing water and wastewater service to each class of water consumer shall be on a basis which reflects the costs of providing service to such class of consumers at different seasons of the year to the extent that such costs vary seasonally for the utility system, e. Rate Design Software for Microcomputers. The Consultant shall submit as part of the Study, a comprehensive rate design software package, tailored to the needs of the City of Denton, and structured to address all relevant factors included in current rate design methodology. III. EXPLkT TESTIMONY The Consultant shat. anticipate that personnel involved and/or responsible for the development of the electric rates and PURPA compliance guide may be, at a later time, required to give expert testimony. Professional service fees for such testimony Shall be considered to be in addition to the fees for the Utility Rate Study and shall be listed separately as designated in Section VIII(B) of this request for proposal. IV. REPORTING A. Presentation of Report The Consultant shall provide the City of Denton with one hundred (100) copies of the final Utility Rate Study report and the PURPA Compliance Guide. After delivery of the final report, the Consultant shall present the report to a joint meeting of the City Council and Public Utility Board. B. Rate Study._Steering Committee A steering committee will be established by the Public Utility Board. THis committee will be composed of a representative from the Council, Public Utility Board, City Manager's Office, and the Director of Utilities and Finance Director. The purpose of the committee ruill be to meet periodically with the Consultant to review the progress of the Study and provide input as desired by the Consultant. PAGE 7 Yi V. FEES A. Charges for hrofossior►al Services The Consultant !,hall charge for professional services of staff who may be assigned to the project in accordance with Consultant's standard hourly rates for the various categories of personnel as follows: Principal per hour Sr. Consultant SS-OC°'per our Consultant 45.OU per hour Technical Asst. 25.00 per hour per hour per hour Time charges will be made for personnel only while they are actually at work on the assignment and for travel time during normal working hours. Unless authorized by Owner. B. Out of Pocket Expenses In addition to the cost of professional services, travel and living expenses while engaged on a project away from the home office, such as commercial travel fares, meals, lodging, telephone and rented automobiles, and such other expenses as telephone, reproduction, postage, freight and data processing will be billed at cost. Use of a personal car to make a trip in the Owner's interest will be billed at 23 cents per mile. Outside services or extraordinary expenses, when specifically authorized and incurred on the Owner's behalf, will be billed at cost. C. Maximum Charges The maximum charges for services for the two project segments shall bi: Electric Rata Study $240500 Water/Wastewater Rate Study 150000 Total Charges Shall Not exceed $399500 O. Method of Billing Invoices e,itall be rendered monthly for the preceding month's services performed and expenses incurred on PAGE 8 17 i Owner's behalf, and such invoices rhall be due and payable ten days after receipt of the invoice. VI. SOFTWARE RIGHTS Any software developed in the course of this assignment will be provided to owner for its exclusive use in conducting its own business. VII. ASSIGNED PERSONNEL Consultant will utilize i.ts own personnel in the consideration of all required stud~~rs and under no circumstances sht11 Consultant be authorized to enter into an,y contract with another which would obligate Owner to pay all or part of the amount due under any such contract irrespective of whether recovery might be based upon an express or implied contract. VIII. TIME OF COMPLETION Consultant shall complete its services by October 28, 19860 and a final report shall be ready to submit to the Public Utilities Board and City Council by November 4, 1986. IX. TERMINATION OF CONTRACT Consultant's services may be interrupted or terminated at any time without further liability other than for the charges and expenses incurred up to the date of such interruption or termination. Owner shall receive all work done by Consultant to the date of termination. X. SUCCESSORS AND ASSIGNMENTS The Owner and Consultant each binds himself, his successors, executors, administrators and assigns of the other party to this Agreement, and to the successors, executors, administrators and assigns of such other party in respect of all covenants of this Agreement. Neither the Owner nor the Consultant shall assign, sublet or transfer his interests in this Agreement without the written consent of the other, This AGREEMENT is executed in three counterparts. PAGE 9 5 IN TESTIMONY HEREOF, they have executed this Agreement, the day and year first above written. CITY OF DENTON, TEXAS, OWNER BY: ATTEST: SECRETAW CITY OF DENTUN, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTOkNEY CITY OF DENTON, TEXAS BY: MANAGEMENT APPLICATIONS CONSULTING, INC., CONSULTANT BY: JOHN WXONFRO JRO PRINCIPAL ATTEST: Y CITY OF DENTON, TEXAS PAGE 10 1, 'low ~y CI , Of OMM" rm" 76801 July 24, 1986 Mr. John Wagner, Jr, Management Applications Consulting, Inc, P.O. Box 7866 Reading, PA 19603-7866 RE: Contract For Utility Rate Study Dear John: I am pleased to inform you chat Management A plications Consulting, Inc. as been recommended by the Public Utili y Board to perform the rate study for Denton's Electric, Water and Wastewater rates. Enclosed is the contract for the study, Please sign and return to my office by Thursday, July 310 1986 so that we can include it in the council agenda for their consideration at their meeting of August S, 1986. Wo expect favorable action from the council and pending such approval, we would appreciate a kickoff meeting with Management Applications Consulting, uc, on Monday, August 11, 1986, If you have any questions, please call. Yours very truly, Nelson- Director of Utilities kkn Enclosure 4430U:1 R1DQtTBBT POK PROPOSAL STUDY OF ELECTRIC, WATERO AND WASTEWATER RAPES CITY OF DEKTON, TEXAS You are invited to submit a Proposal fbr an Electric Water, and Wastewater !sate Study for the uepartment of Utilities of t a City of Denton* I. PURPOSE OF THE STUDY The purpose of the study is four folds (1) To conduct a utility rate study to assure that all present rates correctly reflect pre6ea;7 cost of service for all customer classes. (2) To conduct a review of Denton's compliance with the Texas Public Utility Commission guidelines and recent actions. (3) To conduct a review of Denton's compliance with the regulations and policies of the Texas Water Commission, American water Works Asso- ciation, and develop a City of Denton Water System compliance guide that will outline present status and future requirements for TWC compliance. (4) To develop a Utility Kate Design Software Package for the microcomputer systems to be used by the Utility Department in future rate studies. 11. SCOPE OF WOKK: A. Electric Rate Study 1. Financial Analysis The Consultant shall review the electric utility's historical and future revenue requirements and expenses. The Study Mall anticipate costs and revenue requirements and develop rates to be applied for the next fiscal year. Projected future capital and operating expenditures will be provided by the Utility Staff, but shall be reviewed and analyzed by the Consultant. The rates shall be designed to provide revenue auch that bond rate covenants are met. Bond covenants require that pledged revenues be 1.1S times average debt service requirements. However, revenues shall also be such that net income is sufficient to allow an annual discretionary transfer from the Electric Fund to the General Fund equal to six percent (6%) of net investment ...v r.,. q ;rte ti 2. state Design Structure • The Consultant shall avaluate the coat associated with serving all of the various identifiable classes of customers, Rates shall be designed to recover such associated customer class colts as much as possible, however, recognising such rate ; making principals as moderating any significant changes of historical rates. Customer classes shall be of similar description to current rate-making practices of area utilities and the Texas POA is Utility Commission, to the extent that such classes are applicable to the City of Denton's electrical system. slate structure design shall in particular review the following areas of concern to the utility: a. Cost of Service The rates charged for providing electrical service to each class of electric customers shall be designed, to the maximum extent practicable, to reflect the costs of providing electrical service to such class, b. Blocking Factors The energy component of a rate, or the asount attributed to the energy component in a rate, charged for providing electric service during any period to any class of consumers may not decrease as kilowatt hour consumption by such class increases during e,4cb period. Exception to this principal occurs where such costs for providing electric service to such class are attributable to such energy component decrease as such consumption increases during such period. C4 .),hand Charge Customers The Consultant shall consider an experimental tima-oi-day rate. Such rate shall be available on a request basis to a maximum of 100 customers approved by the Director of Utilities. Such time-of-day rate shall reflect the costs of providing electric service to such class of electric consumers at different times of the day unless such rates are not cost effective with respect to such class, d. Seasonally Adjustsd Rates The Consultant shall review and consider rates charged for providing electric service to each class if electric consumer on a seasonal basis which reflects the costs of providing service to such clean of consumers at different seasons of the year to the extent that such costa vary seasonally for the electric system. e. Interruptible Rates The consultant shall consider and develop an interruptible rate applicable to Industrial and commercial electric customers of appropriate wise. The interruptible rate +ahall reflect the cost of providing such service to the ; class of consumer receiving such serviceo f. Load Management Techniques The Consultant shall review Denton's load management techniques and make recommendations for improvement. g. Demand Ratchet The Consultant shall review and consider the system demand related costs and the existing seventy (70%) percent sumw r peak demand ratchet and determine whether the ratchet adequately tracks customer class costs. Such analysis would include recommended chaages in the application of the ratchet by customer class, h. Small General Service The Consultant shall review and consider the effect of the existing rate structure on General Service customers who have a relatively low service demand. A rate design should reflect the costs of providing service to such class of electric customers# i. Local Government Rate The Consultant shall review and consider the rate for local government service to determine whether the existing rate is recovering costs of providing electrical service to the customers included in the rate class. f. Cogeneration The Consultant shall consider and develop a cogeneration rate. Such rate shall consider customer-owned and bperated energy production systems that may provide energy for the customer, plus generating excess energy that may be fed into Denton's electric system. s. k. Stand by Power or Back Up Power i The Consultant shall review the applicability of a rate to provide stand by or back up power for cogenerators or small ',,powar producers. This change reflects purchased power costs to the City of Denton. The Consultant shall confirm whether such charge coaforms to generally accepted practices of similar charges of other area utilities, and that such charges are in compliance with appropriate laws and regulatory agencies. 1, Wheeling Rate The Consultant shall consider and develop a wheeling rate. Such rate 0%all consider customer-owned and operated energy production systems that say provide energy for the customer, plus generating excess energy that may be transferred through Denton's electric system to customers of the cogenesrator located within or outsida the Denton system. 3, !fate Making Standards The Consultant shall review, evaluate and make appropriate recommendations as to Denton's compl. ance with the Texas Public Utility Commission guidelines and rec.at actions. Such review • should take into consideration the following rates and rate factors: o Cost of Service o Declining block Bates o Time--of-Day slates o Seasonally Adjusted Rates o Int,rruptible states o Load tdanagement Techniques Additional rates and rate factors to be considered are: o Cogeneration o Energy Cost Adjustment o Stand by or Back Up Power o Wheeling Rate B. Water and Wastewater Rate Study 1. Financial Analysia The Consultant shall review the water and wastewater utility's historical and future revenue requirements and expenses. The Study ahall anticipate costs and revenue requirements and develop rates to be applied for the next fiscal year. Projected future capital and operating expenditures will be • provided by the Utility Staff, 'but shall be reviewed and analyzed by the Consultant. 2. hate Study The Coasulumt shall review the revenue requirements and the cost allocations of the hater and Wastewater divisions. The wa r and wastewater portion of the study shall encompass the following areasi 0 Eiapartmental capital requirements, operating expenses and return on investment. o Payments, revenue expectations, revenue requirements and allocation of expenses. o hate structures. o Sewer surcharges. o Tap fees o Pro rata fees o peruit fees The report shall consider the Water and Wastewater divisions as totally separate for expense and revenue purposes except as combined expenses such as administrative, might be allocated on a pro rata basis. The consultant will evaluate the cost associated with serving various identifiable classes of customers, Rates shall be designed to recover such associated customer class, recognizing such rate making principals as moderating any significant changes of historical rates. Customer classes shall be of similar description to current rate-making practices of area utilities and the Texas Water Commission, to the extent that such classes are applicable to the City of Denton's water and wastewater system. 3. Department Capital Requirements, Operating Expenses, and Return on Investment Payments The consultant shall analyze carefully the future revenue requirements, taking into consideration planning and technical reports prepared by Breese & Nichols. The capital requirements and operating expense of the eventual ;wastewater treatment plant expansion shall be considered. Analysis of future operating casts must be conducted, taking into consideration state and national water quality regulations, energy costa, etc. Return on investment of 6% per annum shall be included in the revenue requirements, The consultant shall conduct a cost of service study for the Water and Wastewater divisions to determine the proper rate structure for each class of customer. Proper consideration shall be given to past facility extension policies as they relate to the allocation of costs to customer classes. Elates snail be recommended that properly establish user charges and industrial cost recovery. Such rates shall conform to the regulations set out by the Environmental Protection Agency in Part 35 of 'title 40 relating to user charges and industrial cost recovery, pursuant to section 204(b) of the Federal Water Pollution Control Act Ameadments of 1972, PL92-500. late structure design shall take into consideration applicable Tons Water Commission requirementd. a. Residential f The rates charged for providing water service to each class ; of water customers shall be designed, to the maxims extent practicable, to reflect the costs of providing water service to such class, be Commercial The Consultant shall review the current commercial water rate schedule and determine whether the existing schedule is designed to conform to generally accepted practices of similar charges of other area utilities, and determine whether Deaton's schedule and practices are in compliance with Texas Water Commission rules and regulations. c. Seasonally Adjusted Rates The Consultant shall review and consider rates charged for providing service to each class of water consumer on a seasonal basis which reflects the costs of providing service to such class of consumers at different: seasons. of the year to the extent that such costs vary seasonally for the water system. d, wholesale gates for Existing and Future Customers The rates charged for providing water and wastewater service to each class of water consumer shall be on a basis which reflects the costs of providing service to such class of consumers at different seasons of the year to the extent that such costs vary seasonally for the utility system and reflecting the marginal cost to the system for new and future customers* e. Mobile Home Parks (Unmetered wastewater service for residential purposes (58)) The Consultant shall review the existing wastewater rates for unmetered service primarily to mobile home parks and determine whether the cost of service is recovered from the customer class. The Consultant shall additionally focus on the marginal cost imposed on the system by such customers who reside outside the corporate limits of the City of Denton. f. Sewer Surcharges i The Consultant shall review the wastewater rate structure to determine thr, equity of sewer surcharges and determine whether such charges conform CO generally accepted practices of similar charges of other area utilities. ; g. Sewer Sffluent Rate The Consultant shell examine the rates charp•d for sewer effluent and determine whether such rates conform to generally accepted practices of similar ch r eli of other area utilities, and determine whether Denton s rates and practices are in compliance with Texas Hater Commission rules and regulations. C. Kate Design Software for Microcomputers The consultant shall submit as part of the Study, a comprshepsive rate design software package, tailored to the needs of the City of Denton, structured to address all relevant factors included in current rate design methodology, and licensed to the City of Denton for use in future rata studies. III. GENERAL INFU MATION • A. Description of Denton'_s Operating System The City of )enton owns and operates its electrical system which primarily s,_ves the population of 62,000 within the corporate city liwits of Denton. Uenton is located 20 miles north of the Dallas/ Fort Worth International Airport, and thirty-five (35) miles from either Dallas or Fort Worth. Due to the close proximity of Denton to these dynamic metropolitan areas and transportation centers, Denton has experienced substantial commercial and residential growth. 4. Available Documents A copy of Denton's proposed 1986-87 operating budget and 1987-91 Capital Improvements Plen summary documents are enclosed for your reference. Copies of the complete departmental operating boidget, capital improvement plan, and both staff and consultant long-range forecasts are available. 1he Utility Department has also performed rate studies in-house with a cost-of-service program on at), IBM PC. Summary exhibits of cost-of-service for electricity are attached and the full rate reports are available for inspection. i i C. Electrical Requirements Retail electrical sales in fiscal year 1985 were 685,890,000 iM. Electrical sys`ea power and energy requirements are projected to increw at a rate of 5X, 40 4%, 4X, and 4% over the next five years iiith a 48Z load factor. Current electrical demand is 1630000 ; 1W with an estimated 52 growth. Current generating capability is 172,000 Y.W. There are approximately 327 miles of electric lines. Average residential rate per KWH is 8.UQ Averago residential KWH per month is 823. D. hater and wastewater Y.e u_irestents Retail water sales in the fiscal year 1985 were 3,199,590 thousand gallons. Pumping capability is 24 HGD. Peak pumpage in fiscal year 1985 eras 1U.9 MGD. There are approximately 3W miles of water lines. The average rate per 1000 gallons $1.85 E. Customer Mix Denton has a total of 28,557 electric customers, and 16,373 water customers. Of t;he electric customera, approximately 90% are residential, 4.y% are commercial and industrial, 0.5% are municipal and other. North Texas State University and Texas Woman's University represent approximately lU% and 4.5% respectively of the peak demand requirements of the system. • F. Utility and City Staff The Department of Utilities, including Electric, Water, and Waste- water, is under the direction of the Director of Utilities. The Assistant Director for Electrical Divisions is responsible for the day-to-day operation, maintenance, design, and construction of the ra ectric Production Division, the Electric Distribution Division, and the Electric Substations and Metering Division. The Assistant Director for Water and Wastewater Divisions is responsible for the day-to-day operation, maintenance, design and construction of the hater production Division, the Wastewater "Treatment Plant, the Municipal laboratory, and the Water and Wastewater Field Services Division. The Utility budget/hate Administrator is responsible for the monitoring and coordination of all utility budgets. The budget/ Kate Administrator prepares rate, and financial information for the Director of Utilities and City Manager, and reports to Federal, and State and local regulatory agencies. The Director of Utilities reports to the City Manager, who is responsible to the City Council. The Utility Department purchases the services of several support groups. The Finance Department, under the direction of the Director of Finance, provides the most support services through their Accounting Division and Customer . Service Division. The Customer Service Division is responsible for the accurate and timely billing and collection of individual customer accounts. Data processing performed by the Data Processing Department under the direction of the Assistant City Manager. F. General. on and Power Supply The City of Denton has a 172 MW steam generating plant located within the city, and participates in a 390 MW lignite steam generating plant at Uibhons Creek. Matnod and type of additional future capacity has net yet been determined. G. Water Supply Denton's water source is Lake Lewisville. 4.54 MGD is provided by Denton's allotment from Lake Lewisville with the balance purchased from Dallas. Denton will be receiving approximately one-half of its 26% allotment of the Lake Ray Roberts reservoir sometime after March of 1988. Additional plant capacity is expected to be on line in the summer of 1990. IV. RWULATOKY LNVIRONKkAT A. City Council The Denton City Council, composed of a Mayor and six Council- members, is charged with the final authority to set all rates and charges for utilities. B. Pubic Utility Board The Public Utility Board is a five member board appointed by the Council with two ex offico members, the City Manager and Director of Utilities. 'this Hoard serves as a consulting, advisory and supervisory body. The Board is charged by charter to act in an advisory capacity to the City Council, with authority to hold public hearings and to study and recommend policies relating to the operation, promotion, enlargement, future planning and such other matters as may be referred to it by the City Council. All rates and charges for utility services must be reviewed by the Board and revised or re- enacted by the Council at intervals not exceeding five years. C. Public Utility Commission The City of Denton is not subject to the jurisdiction of the Texas Public Utility Commission or Texas Water Commission in rate setting matters except as may be applicable in wholesale water/sewer rates. V. CONSULTANT (QUALIFICATIONS A. Description of Consulting Firm • The consultant shall provide in the proposal a complete and comprehensive description of the firm. The proposal shall list the qualifications and background ~)f the firm in the fie:d of electric and water utility rate studies. The proposal shall list the Project Manager and staff support ;±ersonnsl to be assigned to the project along with their respective resumes. 8. List ot Previous Clients ; The proposal shall provide a list of cl,.ents, including the nL,r and telephone number of all references. VI. EXPERT TESTIMONY The consultant shall anticipate that personnel involved and/or responsible for the development of the electric rates and PURPA compliance guide may be, at a later time, required to give expert testimony. Professional service fees for such testimony shall be considered to be in addition to the fees for the Utility Rate Study and shall be listed separately as designated in Section VIII(B) of this request for proposal. VII. KEPOKTING A. Schedule Selection of the consultant and authorization to commence work is anticipated to be completed by August 5, 1986. Preliminary review and development of revenue and expense projections shall be completed by September 1, 1980. Final report shall be delivered ay October 3U, 1986. B. Kate Study Steering Committee A steering committee will be established by the Public Utility Board. This committee will be composed of seven members, including a representative from the City Council, Public Utility board, City Hanager, Director of Utilities, Finance Director, and the Assistant Directors of Utilities for Electric and for Water/Wastewater. 'The consultant shall meet with the Steering Committee on a periodic basis to report the progress of the study and to solicit direction on policy related issues. The Director of Utilities will serve as Project Manager for the City and will be responsible for all tech- nical issues, arranging steering Committee meetings and other such matters as required of the laity. The utility Department budget/ Kate Administrator shall serve as Denton's Project Iaformation Coordinator and will be responsible for obtaining and compiling information as requested by the Consultant. Such requests for in- formation shall be reasonable and compatible with the informatlon base that exists at the City of Denton. The city will make avail- able to the Consultant all information that may be relevant to tLe Study that is available within the records of the City. C. Presentation of Final L*prt The consultant shall provide the City of Denton with twenty-five (25) 'Copies of the final Utility Mate Study report. After delivery of the final report, the consultant shall present the report to a joint Meeting of the City Council and Public Utility Board. ; Viii. PROPOSAL A. Format Each candidate shall provide six (S) copies of their proposal out..ining the Consultant's understanding of the subject rates study, detailing the approach and methodology that will be used. The proposal shall be in two parts. 1. The Utility Kate Study Proposal, addressing the consultant's understanding of the scope of work; and including the firm's experience and qualifications, and client reference list. 2. The consultant's price schedule, detailing all fees. B. Total Costs The consultant shall submit a proposal stating the general terms and conditions for services, plus standard hourly rates of various categories of personnel to be involved in the study. An estimate of manpower requirements shall be listed. A total "not to exceed" coat for the study shall be submitted. The consultant shall list separately the estimated manpower and 0, not to exceed" costs associated with the Kate Design Software portion of the project. C. Presentation of Proposals A committee composed of the Utility board Chairperson, the City Manager, the Director of Utilities, and the Director of Finance will review the proposals and select three firms that are determinod to beat produce the desired study. Kepresentatives of the Lhree successful candidates will be requested to appear at the meeting of the Public Utility Board on Wednesday, July 230 1986. Each consultant will be allowed 30 minutes to present their proposals. A recommended selection will be made and forwarded to the City Council for their consideration at the following City Council Meeting on August 5, 1986. D. Selection of Proposals Due to the nature of the study, the technical portion of the proposals submitted will be the most important consideration in award and should, therefore, be complete and specific. Although cost may not be a controlling factor in the evaluation procans, it • will be considered in the negotiation and award of the study The City of Denton will perform an overall best-value analysis which will consider the technical proposal, cost analysis and ability to perfo the requirements so proposed. The City of Denton reserves the rilt to make an award in the best interest of the City of ; Denton, all factors being considered. In addition, the City of lmnton reserves the right to reject all. proposals and resolicit in the avant that no adequate and fully responsive proposals are raceived and negotiations fail to provide mutually satisfactory results . U lb In EXCERPT FROH PUBLIC UTILITia BOARD MINUTES JUNE l0, 1986 2. CONSIDER REQUEST FOR PROPOSAL FOR RATES STUDY. Nielson and Cryan explained that, primarily due to staff limitations, an outside consultant firm would need to be retained to do a thorough rate analysis for the City of Denton in the forthcoming fiscal year. Nelson noted the benefits of such a study, and the fact that some additional new rate factors ueed to be considered such as "wheeling rates," and "small general service." Thompson motion to approve rates study proposal. Boyd and Coomes second. All ayes, no nays, motion carried unanimously. I EXCWT PUBLIC UTILITIES BOARD KINUTES 7/23/86 Regular Agenda 'l. CONSIUEK PROPOSALS FOR UTILITY RATE STUDY 1986. Nelson introduced the candidates for the final selection of a utility rate consulting firm. The finallats made their presentations in the following order: 1. Management Applications Consulting (MAC) - John Wagner, and L-Gary Goble were introduced aanndmade '-their presenta- tion. Specific questions were asked by the board. The Board thanked MAC for their presentation. 2. Arthur Anderson & Co. - Bill Dillon, Cathy Thompson and ,fohn Jeter were introduced and made their presentation. Specific questions were asked by the board. The Board thanked Arthur Anderson & Co. for their presentation. [Nancy Boyd left the meeting at this time.] 2. Willis Gravest & Morgan. - Searcy Willis, Thomas Graves, and Ray Stanley were introduced and made their presen- tation. Specific questions were asked by the Board. The Board thanked Willis, Graves & Morgan for their presentation. The Board deliberated and made a final selection. The firm of Management Applications Consulting, Inc. (MAC) was chosen by the Board as the 1966 rate study consulting group at a cost of $39,5UU. Thompson moved to recommend MAC as the preferred consulting group. Frady second. All ayes, no nays, motion carried. n~ August 5, 1986 CITY COUNCIL FORMAT REPORT TU: MAYOR AND MEMBERS 014 THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT: Consider Contract with TMPP Members Regarding Participation in Contract for Sale Of Capacity Between Bryan and Texas- New Mexico Power Co. RECOMMENDATION: The Public Utility Board at their meeting of July 23, 1986 recommended approval of subject contract between TMPP members regarding sharing of revenues and responsibil- ities of the Bryan and Texas-New Mexico Power Co. power capacity contract. SUMMARY/BACKGROUND: The City of Bryan has entered into a contract with the Texas New-Mexico Power Co. (TNP) effective July 1, 1986 through December 30, 1986 for the sale of 60,000 KW of electrical capacity. The subject contract with the TMPP members, attached hereto, is an agreement whereby all members of TMPP share in the revenues and responsibilities of the contract between Bryan and TNP. The Bryan-TNP contract provides for the sale of the 60,000 KW at a rate of $8.00/KW/month or 42,880,000. Denton's share of this is extimated to be 15% or $432,000 for the remainder of 1986. There is also a provision in the Bryan- TNP contract wherein TNP is expected to enter ir,.to a future contract by January 1, 1987 or if no such contract is con- sumated, TNP is obligated to pay $480,000 per month from January through June 1987 or $2,880,000 in total. The cities have sufficient excess natural gas generating capa- city to make such a sale and sufficient pooling back-up agreements to satisfy the contract in the event of a failure of a major generating unit. PROGRAMS, DBPARTMENTS OR GROUPS AFFECTED: Denton Electric Department, TMPP memi;.ers, Denton electric customers, Texas-New Mexico Power Co. 4434U:3 C FISCAL IMPACT: Denton is estimated to receive $432,000 from July 86 to December 86 and $432,000 from January 87 to June 87 Pre ared by: Respe ully, R. B. Nelson o arre Director of Utilities City Manager Appr ved by- R. E. Nelson Dirdct:ox of Utilities bxhibits I TMPP Contract II Bryan/Texas-New Mexico contract III Minutes PUB 7/23/86 4434U:4 IS13L NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH • THE CITIES OF GARLAND, BRYAN, GREENVILLE AND BRAZOS ELECTRIC POWER COOPERATIVE, INC. RELATING TO THE SALE OF ELECTRICAL POWER TO TEXAS NEW MEXICO POWER COMPANY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton, Texas, hereby authorizes the Mayor to enter into an agreement between the Cities of Garland, Bryan, Greenville and Brazos Electric Power Cooperative, Inc, relating to the sale of electrical power to Texas New Mexlco Power Company under the terms and conditions being contained In said agreement which is attached heretc and made a part hereof. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986. E RAY STEPHfiNS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHXRLOTTE ALLEN, CITY SECR9TM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ~ p BY: CONTRACT BY AND AMONG THE CITY OF BRYAN, BRAZOS ELECTRIC POWER COOPERATIVE, INC. AND THE. CITIES OF GARLAND, GREENVILLE AND DENTON, TEXAS THIS AGREEMENT, made and entered into, as of the day of 1986, by and among the City of Bryan and Brazos Electric Power Cooperative, Inc., a Texas Corporation, (hereinafter called "Brazos*) and the Cities of Garland, Greenville, and Denton, all municipal corporations organized under the laws of the State of Texas. WITNESSETH: WHEREAS, Bryan has entered into a contract with Texas New Mexicr, Power Company, a Texas Corporation, hereinafter TNP, providing for the sale by Bryan to TNP of a specified quantity of electrical power and energy, which contract is attached hereto, marked as Exhibit A, and made a part of this agreement by reference, hereto as though reproduced hereon verbatum and WHEREAS, Bryan desires to enter into an agreement with the other four members of the Texas Municipal Power Pool to share the responsibilities and revenues of the aforementioned contract with TNP, and WHEREAS, Bryan desires to have Brazos administer the aforementioned contract with TNP and distribute income from such sales of power and energy in accordance with that certain prior agreement among Brazos and the cities of Bryan, Denton, Garland, and Greenville; said agreement entered into January It 1985 for the express purpose of administration of a power sale contract with West Texas Utilities. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties hereto as hereinafter set forth, the parties do herehY contract and agree as follows: ARTICLE I Bryan desires to convey to Brazos, Denton, Garland, and Greenville a portion of the revenues and Brazos, Denton, Garland, and Greenville desire to accept the responsibilities of the aforementioned sale of power and energy to TNP. ARTICLE II ADMINISTRATION OF TNP CONTRACT In order to provide for an agreed administration of the contract between Bryan and TNP, Bryan designates the agreement of January 11 1985 by and among the members of TMPP as referred to hereinabove as the controlling document for purposes of administration and revenue distribution. The administrative and revenue distribution provisions of that agreement are adopted herein by reference hereto as though reproduced hereon fully. ARTICLE III TERM This Agreement for administration and revenue shall remain in full force and effect concurrently with and for so long a time as the attached contract marked "Exhibit P with TNP is effective. .2- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written. ATTESTS CITY OF DENTON BY ATTEST: CITY OF GARLAND BY ATTEST: CITY OF GREENVILLE BY ATTEST: CITY OF BRYAN BY ATTEST: BRAZOS ELECTRIC POWER COOPERATIVE, INC. BY -3 - AGREEMENT FOR SALE OF POWER AND ENERGY This Agreement is entered into this, the /Z day of tit , 1986 by and between the City of Bryan, Texas (hereinafter Bryan) and Texas New Mexico Power Company, a Texts Corporation (hereinafter TNP). WITNESSETHt Whereas, Bryan owns and operates a municipal electric system which has generation in excess of that necessary to meet its load an4 reserve requirements and other contractual requirements for the period of this agreement and, Whereas, TNP operates an electric system which uses as one source of power and energy purchases from other utilities and, Whereas, TNP desires to purchase from Bryan power and energy and, Whereas, Bryan can and does agree to provide such power and energy. Now, therefore in consideration of the premises and the mutual covenants herein contained the parties hereto do hereby agree and bind themselves as follows: ARTICLE I 1.1 Bryan hereby agrees to provide and TNP agrees to accept a maximum of sixty thousand (60,000) kilowatts of power and energy for the term of this contract at one or both of TNP's metering points with Houston Lighting & Power in TNP's southeast division at a level of firmness equal to Bryan's native load and the Texas Municipal Power Pool load. Bryan agrees to provide energy up to the sixty (60) megawatt level requested by UP during the term of this contract. Requests for changes in power and energy by TNP shall be made at least 24 hours in advance, and minimum loads during any 24 hour period in which power is requested will be 50% of the maximum load for that period. Bryan will make all necessary arrangements for wheeling of power from its generation source to TNP's metering points and will pay all costs of such wheeling, l.2 This agreement shall become null and void if (a) Bryan determines that there is insufficient transmission line capability in the ERCOT facilities, to accomodate the energy transfers expected to occur under the terms of this agreement and/or (b) Bryan is unable to negotiate satisfactory arrangements for the transmission services by third parties contemplated in ParagrP.ph i.l. ARTICLE II TERM 2.1 This agreement shall become effective at 12;01 AM, July 1, 1986 and terminate at 11s59 pm, December 31, 1986. ARTICLE III COMPENSATION FOR POWER AND ENERGY 3.1 In consideration for Bryan providing this capacity, TNP agrees to .2- Pay Forty Eight Dollars ($48.00) per Kilowatt for the amount of Kilowatts specified in Article I. 392 In consideration for the energy delivered under the terms of this contract, TNP will pay Bryan an energy charge of $.0225 per Kilowatt hour for all energy delivered under this agreement. 3.3 It is the intent of the parties to this contract that a power sale agreement for a long term commitment be entered into not later than January 1, 1987. In the event such agreement has not been executed by January 1, 1987, TNP will pay Bryan an additional $48.00 per Kilowatt for all power delivered under Article I. 3.4 In the event that purchase of power under this agreement causes TNP to pay for power not actually taken from its other power supplier under the terms of TNP's contract with its other power supplier, Bryan will forgive the capacity charge, exclusive of the amount paid to others for wheeling, up to twenty-five percent (25%) of the amount of power contracted for in Article I. ARTICLE IV PAYMENT TERMS 4.1 Bryan will invoice TNP $8.00 per Kilowatt of capacity and for all energy delivered by the 10th of the month following the month of uaage under Article I of this contract with payment being due and payable by the 25th of that month. ARTICLE V CONTINUITY OF SERVICE, FORCE MAJEURE 5.1 Each party will exercise reasonable diligence and care to avoid interruptions of delivery of power and energy hereunder, but will not be liable for any damage or loss that may be occasioned by any failure or interruption caused by fires, floods, lighl:ning, storms, or other acts of God; or by strikes, riots, civil disturbances, action of public authority, litigations, breakdown, or other causes beyond its reasonable control. ARTICLE VI REMEDIES FOR BREACH 6.1 In addition to and not excluding any remedy herein provided, it is agreed that if either party fails to perform any of its obligations hereunder, including the prompt payment of monthly bills or delivery of electric power, the injured party may suspend payment of bills or delivery of energy hereunder, and said party will not be liable in any manner for loss or damage arising from such nonpayment or suspension, provided that the injured party shall specifically notify the other party of such failure in writing at least ten (10) days prior to such suspension or nonpayment. Should any power requirement of TNP under this agreement not be met, then and in the event TNP is damaged economically by same, Bryan shall pay to TNP $48 per kilowatt for any power duplicated up to a maximum of the total power requested under Article I above. No such suspension or nonpayment will interfere with the enforcement by either party of any other legal right or remedy. No delay by either party in enforcing any of its rights hereunder, and no -4- waiver of any right to enforce any breach hereof, will be deemed a waiver of such rights nor will any waiver by either party of any delay by the other party be deemed a waiver of any other or subsequent default, all rights and options herein provided to the benefit of either party being continuing to the end that failure to exercise any such right or option shall not be construed as waiving the right or option upon any subsequent delay or breach whether of like or different nharactar. ARTICLE VII Bryan reserves the right to assign portions of this contract responsi- bility to other members of the Texas Municipal Power Pool, provided however that such assignment shall be subject tc the same terms and conditions contained in this agreement unless modified by agreement in writing by TNP and the assignee. ARTICLE VIII This contract and its terms shall be interpreted in accordance with Texas law. All notices and other communications required or permitted by this agreement except as otherwise specified shall be sufficiently given by certified mail, return receipt requested as follows To the City of Bryan: City of Bryan P.O. Box 1000 Bryan, Texas 77805 Attn: Mr. Ernest Clark, City Manager -5- To TNP: Texas New Mexico Power Company 4100 International Plaza, Tower II Fort Worth, TX 76109 ATTENTION: Rickey J. Wright Attn: Signed by the parties hereto on the date and year first written above by: City of Bryan, Texas APP:2O AS TO s' By: ity C City, of Bryan Title: Attester] by: ATTEST: Texas New Mexico Power Company CJTY. &ECRETARX Bys Title: r 1_ C l l r ~11 ~ l~f' r f~ I /'f i 1~ Attested bys EXCERPT FROM MINUTES PUB MEETING OF 7/23/86 CONSIDER CONTKACT WITH TMPP MEMBERS REGARDING PARTICIPATION IN CONTRACT FOR SALE OF CAPACITY BETWEEN BRYAN AND EXA - ICO POWER . Nelson explained that the Staff recommends approval of subject contract between TMPP members regarding sharing of revenues and responsibilities of the Bryan and Texas-New Mexico Power Co. power capacity contract. According To Nelson, the City of Bryan has entered into a contract with the Texas New-Mexico Power Co. (TNP) effective July 1, 1986 through December 30, 1986 for the sale of 6U,UOO KW of electrical capacity. The subject contract with the TMPP members is an agreement whereby all members of TMPP share in the revenues and responsibilities of the contract between Bryan and TNP. The Bryan-TNP contract provides for the sale of the 60,000 KW at a rate of 38.00/KW/month or $2,880,UOO. Denton's share of this is estimated to be 15% or $432,000 for the remainder of 1986. There is also a provision in the Bryan-TNP contract wherein TNP is expected to enter into a future contract by January 1, 1987 or if no such contract is consumated, TNP is obli- gated to pay $480,000 per month from January through June 1987 or $20880,UUO in total. The cities have sufficient excess natural gas generating capacity to make such a sale and sufficient pooling back-up agreements to satisfy the contract in the event of a failure of a major generating unit. Nelson explained that the fiscal impact of this contract is that Denton is estimated to receive $432,000 from July 86 to December 86 and $432,UOO from January 87 to June 87. Boyd moved to approve the subject contract with TMPP regarding participation in the sale of capacity between Bryan and Texas-New Mexico Power Co. Thompson second. All ayes, no nays, motion carried unanimously. a August 5, 1986 y~ CITY COUNCIL REPORT FORMAT 111U: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT: Consider Contract with Lone Star Gas Co. for Natural Gas Required for Use to Furnish Power to Texas-New Mexico Power Co. RECOMMENDATION: The Public Utility Board at their meeting of July 23, 1986 recommended approval of subject contract with Lone Star Gas Co. for 13,000 MCF of gas per day at a rate not to exceed $1.60/MCF. SUMMARY/BACKGROUND: The TMPP via a contract between Bryan and Texas-New Mexico Power Co. (TNP) has sold 60,000 KW of capacity to TNP. The TNP contract is dependent upon a reasonable rate for the energy component of the contract. This Lone Star Gas con- tract provides 130000 MMBtu daily supply of gas from July It 1986 through December 30, 1986 at a price not to exceed $1.60/MMBtu. Sales of energy to TNP will be at $2.25/KWH. Therefore, of the energy generated at Denton, the margin would be approximately 0.25 /KWH. Since Denton is expected to furnish approximately 15 of the energy for the TNP con- tract, Denton will be billed for 15% of the gas. There is a take-or-pay provision in the contract based on 801 of the 13,000 MMBtu per day or 10,600 MMBtu per day at a rate of $1.60/ MMBtu. However, little risk is anticipated in this provision. Since the cities usage of natural gas exceeds this amount even if no energy is sold to TNP. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Electric Department, TMPP members, Lone Star Gas Co., Texas-New Mexico Power Co, FISCAL IMPACT: Not yet determinable 44340:5 : r77 Prepared by: Res tfully, '/I -1ze&s4'e R. B. Nelson oy arre Director of Utilities City Manager Approved b 1)1V66f6~ bf, btiiities Exhibits 1 Letter from Ensearch Gas. Co. II Contract w/Lone Star Gas Co III Minutes PUB 7/23/86 4434U:6 1<6SL NO. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON, CITY Of BRYAN, CITY OF GARLAND, CITY OF GREENV:'tE AND ENSERCH GAS COMPANY FOR THE SALE OF NATURAL GAS, AND PROVIDING FOR AA EFFECTIVE DATE. rHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton, Texas, hereby authorizes the Mayor to enter into an agreement between the City of Denton, City of Bryan, City of Garland, City of Greenville and Enserch Gas Company for the sale of natural gas under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986, lA CITY OF DENTON, TEXAS ATTEST: CHARLOTTH ALLEN, Y SECRETARY CITY OF DSNTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM[ DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: COA~ June 309 1986 301 S. Harwood Street Was, Texas ISW City of Bryan Bryan, Texas 77801 City of Denton Denton, Texas 76201 City of Garland Garland, Texas 75040 City of Greenville Greenville, Texas 75401 Subjects Can Sales Contract Gentlement 8nserch Gas Company (Seller) and City of Bryan# at al (collectively, referred to hereinafter as Buyer), desire to enter into a Gas Sales Contract (Contract) effective the above date providing for the sale and purchase of such quantities of gas which Seller has the right to sell from various sources within the State of Texas under Seller's existing agreements, subject to other conditions and provisions herein. Said gas production will be made available to Buyer by Seller or Seller's Agent under this Contract on a monthly basis at the Delivery Point(s) hereunder. Both Buyer and Seller hereby mutually agree to the following: 1 Delivery Point. The Point(s) of Delivery for all gas delivered hereunder shall be at the outlet flange of Seller's Agent's Meters located at Buyer's Power Plants in Bryan, Denton, Garland and Greenville, Texas. 'title to all gas delivered hereunder shall pass from Seller to Buyer at said Point(s) of Delivery. Buyer and Seller shall not allow this gas hereunder to become subject to the provisions of the Natural Gas Act of 1938 (NGA), as amended, through anv action or inaction while said gas is in their respective physical possession which would subject either party to the terms of the NGA. II Term. The term of this Contract shall commence on July 1, 1986 and continue through December 31, 1986. Buyer affirms that it will suffer no irreparable injury by virtue of the expiration of this Contract at the time and date such expiration occurs and hereby authorir,es the abandonment of service as set forth herein, III Quantity, Subject to the terms and conditions herein, Seller shall sell and deliver to Buyer a maximum quantity of thirteen million cubic feet (13 '[Mcf) of gag per day. The quantities of gas which Seller delivers for sale to Buyer shall be that quantity of gas which Seller's Agent delivers each day to Buyer for Seller's account at the Point(s) of Delivery hereunder. City of Swan at al Juno 30. 1986 Page 2 Buyer shall take under this Contract. or shall pay for if not taken, an average daily quantity of 10.4 million cubic feet (10.4 Mfcf) of gas par day during each moath of the tarn hereof. Sailer will render a notice to each individual City which is a signatory party hereto of its proportionate share of any deficiency in the take-or-pay obligation set forth herein following the month in which such deficiency occurs. The amount due for such deficiencies shall be computed by multiplying $1.60 times the difference between (1) the number of days in the deficient month multiplied by 10.4 million cubic feat (10.4 Mlcf) and (ii) Buyer's actual purchases from seller during such month. Such amount shall be due and payable at the billing address stated herein# within tan (10) days of the billing date for any deficiency. Buyer recognizes and agrees that the gas sold hereunder shall be utilized for the sole purpose of generating power to sell to Texas - New Mexico Power Company (TNMPC) under the Agreement dated between TNMPC and the City of Bryan, Texass unless Seller specifically agrees otherwise in writing. In the event the above referenced TNMPC contract is terminated. Seller shall thereafter have the right to terminate this Contract at any time. Buyer and Seller recognize the existence of other prior contractual arrangements between Seller's Agent and Buyer for the sail and delivery of gas at the Point(s) of Delivery described herein. Buyer and Seller hereby agree that such prior arrangements shall have priority over the sale and delivery of gas. hereunder; however, it is the intent of the parties hereto that whenever possible the volumes sold and delivered hereunder will be the first volumes delivered each day. Each signatory City's proportionate share of monthly gas sales and/or deficiencies under this Contract shall be based on the ratio that its Power Plant(s)' consumption of Seller's gas for such month bears to the total consumption of Seller's gas by the Power Plants of all the signatory Cities (exclusive of the volumes taken at the City of Greenville for the City of Weatherford's account) for such month. In the event Buyer fails to purchase and receive ony volumes of gas hereunder during any month, the amount due for such deficiency shall bo prorated among the four Cities as follows: fifty percent (50x) to the City of Garland, twenty-five percent (95X) to the City of Bryan, fifteen percent (15X) to the City of Denton and ten percent (103) to the City of Creenville. In no event shall the volumes of gas that Seller sells and delivers to Buyer or that Buyer purchases and receives from Seller under the terms of this Contract ever exceed the volumes of gas which can be legally produced under the applicable rules and regulations of the Railroad Commission of Texas in the course of reasonably prudent operations. Buyer aggrees, for billing purposes, that the dispatcher for the City of Garland, acting on behalf of Buyer, shall advise Seller or Seller's Agent from time to time during each calendar month by telephone (to be confirmed in writing within two (2) days of such advisement) of the daily quantities of gas Buyer wishes to purchase hereunder at each Point of Delivery and the duration of such nomination. Such nomination shall remain in effect until Buyer gives Seller or Seller's Agent notification of a change. Subject to Article VIII herein, Buyer and Seiler agree that Buyer's nomination(s) shall govern the determination of gas sold hereunder; %iowever, in the event Buyer actually receives a volume of gas at the points of Delivery hereunder which is more or less than Buyer's nominated volumes for the month, such actual volumes received shall govern for determining sales hereunder. city of Bryan at al June 30, 1986 Page 3 Seller shall be in control and possession of the gas sold and purchased hereunder and be responsible for and shall indemnify and hold Buyer harmless from any damage or injury taused thereby until the same shall have been delivered to buyer at the Point(s) of Delivery, except for injuries and damages occasioned proximately by the negligence of Buyer. Buyer shall be in control and possession of the gem sold and purchased hereunder and be responsible for and shall indemnify Sailer and Seller's Agent from any damage or injury caused thereby once the same has been delivered to Buyer at the Point(s) of Delivery, except for injuries and damages occasioned proximately by the negligence of Seller or Seller's Agent. IV Price 6 Payment. For all of Seller's gas delivered to Buyer at the Point(s) of Delivery an purchased hereunder, Buyer agrees to pay Seller and Seller agrees to accept the lesser of $1.60 per MMBtu or the maximum lawful price under the Natural -.as Policy Act (NGPA) for such gas, including Section 110 allowances for tax reimbursement, gathering, compreasiOL, and treating, and including transportation fees. Heating value is to be calculated at a pressure of 14.65 psis. on a dry basis and temperature of 60'F. The unit of volume for 'murposes of measurement shall be one thousand (1,000) cubic feet of gas at 14.65 psis. and 60'F, as corrected pursuant to the American Gas Association's Report No. 3, and Seller's Agent's meters and other measurements shall be conclusive except for when the mater is found to be inaccurate by as much as one percent (1X) fast or slow, or to have failed to register. The quantity of gas delivered while the meter was inaccurate or failed to register shall be determined by correcting the error if the percentage of error is ascertainable by calibration test or mathematical calculation. If not so ascertainable, then it shall be determined by estimating the quantity on a basis of deliveries under similar conditions when the meter was registering accurately. No adjustment or correction for mater inaccuracy or failure shall be made for a period longer than ninety (90) days. Seller shall invoice each individual City which is a signatory party hereto for its proportionate share of the total quantity of gas delivered hereunder each month on approximately the 15th day of each month for gas delivered the previous month. Each City's proportionate share of such monthly gag sales and/or take-or-pay deficiencies shall be determined as set forth in Article III. Said statements shall be based on Seller's Agent's sales meters for each month that actual sales and 'deliveries occur hereunder. Each City shall pay Seller the amount of Seller's statement by the 25th day of the month or ten (10) days from date Seller's statement is rendered, whichever is later. If the total invoiced amount of any payment due is not paid when dues interest oa all unpaid amounts shall accrue at the rate of one and one-half percent (1-1/2%) per month from the date such amount is due Seller. Should litigation on any of these amounts be required, Buyer agrees to reimburse Seller for its reasonable attorneys' fees. Bills rendered for gas delivered hereunder shall be payable at Seller's office located at P. 0. Box 85751, Dallas, Texas 75285, or such other adaress as may from time to time be designated by Seller upon reasonable notice. V Taxes. Buyer and Seller acknowledge that all present severance, production, gathering or similar taxes levied, assessed or fixed by any taxing authority or City of Bryan at al June 30. 1986 Page 4 authorities and paid by Seller with respect to gas sold and delivered hereunder are included in the price specified in Article IV herein. VI quality. Seller shall deliver for receipt by Buyer natural gas which is of mare table quality and free of eater and other objectionable fluids and solids. The gas shall contain not more than 0.1% oxygen, and not more than twenty (20) grains of total sulphur, consisting of no more than one (1) grain of hydrogen sulfide and one (1) grain of mercaptan sulphur per one hundred (100) cubic feet of gas, not more than three percent (3g) by volume carbon dioxide, and not more than seven pounds (70) of water vapor per one million (190000000) cubic feet of gas, and which has a heat content of not less than nine hundred fifty (950) nor more than eleven hundred fifty (1,150) British Thermal Units per cubic foot under the conditions of measurement contained herein. The gas delivered hereunder shall be at temperatures not in excess of one hundred and twenty degrees (120`) Fahrenheit, and not lose than forty degrees (40°) Fahrenheit. VII Warranty. Seller hereby warrants to Buyer that at the time of delivery of gas hereunder it will have good title or the right to deliver such gas, and that such gas will be free and clear of all liens and adverse claims; and Seller agrees with respect to the gas delivered by it, to indemnify Buyer against all suits, actions, debts, accounts, damages, costs (including attorneys' fees), losses and expenses arising from or out of any adverse claims, relating to Seller's title, of any and all persons to or against said gas. Buyer and Seller agree that this Contract will be construed according to the laws of tho State of Texas. VIII Force Majeure. In the event of either party hereto being rendered unable, wholly or in part, by force majeure to carry out i :s obligations under this Contract, other than to make payments due hereunder, it is agreed that on such party's giving notice and full particulars of such force majeure by written notice or by telegraph to the other party as soon as possible after the occurrence of the cause relied on, then the obligations of the party giving such notice, so far as they are affected by such force majeure, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall as far as possible be remedied with all reasonable dispatch. The term "force majeure," as employed herein, shall mean acts of Cod; strikes, lockouts or other industrial disturbances; acts of the public enemy, wars, blockades, insurrections, civil disturbances and riots, and epidemics; landslides, lightning, earthquakes, fire storms, floods, and washouts; arrests, orders, directives, restraints and requirements of the government and governmental agencies, either federal or state, civil and military; any application of governmental conservation rules and regulations; explosions, breakage or accident to machinery or lines of pipe; shutdowns of equipment or lities of pipe for inspection, maintenance or repair; shortage of water, freezing of wells or lines of pipe; partial or entire failure, depletion, or loss of wells or sources of supply of gas; inability or refusal of Seller's Agent to accept deliveries of gas from Seller or redeliver gas to Buyer; and any other causes, whether of the kind enumerated or otherwise, not reasonably within the control of the party claiming suspension. It is understood and agreed that the settlement of strikes or 7107 1 City of Bryan at al June 30, 1966 page S lockouts shall be 611tirely within the discretion of the party having the difficulty, and that the above reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the doused of the opposing party when such course is or is dewed to be inadvisable or inappropriate in the discretion of the party having the difficulty. IX Recitals and Covenants. The intent and purpose of this Contract is to enable Buyer to purchase gas from a source other than its traditiocel utility source of supply. Buyer is not relying on and will not rely on any expenation of sales or service from Seller except as specifically provided in this Contract. It is intended that Seller's furnishing of gas to Buyer be solely and strictly under the quantity, terms, and other provisions of this Contract. Buyer believes that it is in its best interest to purchase gas under the terms and conditions of this Contract and without the benefit of the duties, obligations* and conditions of sale and service which could apply to Seller were Seller deemed to be a utility. Buyer recognizes and agrees that in purchasing gas under these conditions it will not have available certain legal remedies against Seller which it would have were Seller to be a utility or, even if Seller were deemed to be a utility, were gas to be purchased from Seller under circumstances and conditions other than under this Contract. Buyer agrees and stipulates that, in making sales to Buyer under this Contract, Seller is neither the sole nor exclusive source of supply of gas to Buyer nor will Seller be engaged in the making of a city gate sale to Buyer. Buyer hereby waives any and all rights to assert or claim that Seller has any obligations whatsoever to provide natural gas sales or service to Buyer other than under the terms and conditions of this Contract, or that any obligations will accrue by virtue of sales or service under this Contract. This waiver specifically includes, but is not limited to, any claim or assertion that any cessation of sales or service provided by Seller to Buyer, provided such cessation is in conformance with the provisions of this Contract, cenKtitutes abandonment of Buyer or that Seller must receive permission for such cessation from any governmental authority. Should, for any reason, Seller ever be deemed to require the permission of nny governmental authority for the cessation of service and sales to Buyer as provided herein, Buyer agrees that such cessation is in the public interest and that such permission should be granted and/or deemed granted at the time of execution of this Contract. X Waiver by Seller of a particular right or default hereunder shall not be deemed a waiver of other rights or defaults whether similar or dissimilar. The. parties hereto agree that this Contract may be executed in one or more copies, or counterparts, each of which, when executed by Seller and any of thn parties listed below, as Buyer, shall constitute and be an original effective agreement between such Seller and Buyer(s) executing same as of the date of execution by Saller, whether or not this copy or any counterparts is signed by all the parties named herein. city of Bryan at al Juss 30. 1986 tese 6 If you are in agreesent with the terse and conditions as stated herein, please execute this Contract on behalf of buyer and return two copied for our execution. A copy will then 1!e returned for your files. Very truly yours. ;D~ ' /V"' David E, Breisb BUYER: SELLERt Agreed to and Accepted this Agreed to and Accepted this day of 1986 30- ' day of , 1986 CITY OF BRYAN, TEXAS ENSERCH GAS OMtP B y By t Title Title Vi((-: Pit".rC.lc-iJ Agreed to and Accepted this day of 1986 CITY OF GARLANDt TEXAS By Title Agreed to and Accepted this day of , 1986 CITY OF DENTON9 TEXAS By Title Agreed to and Accepted this day of 1986 CITY OF GREENVILLE, TEXAS By Title f EXCERPT PUBLIC UTILITIES HOARD MINUTES 7/23/86 CONSIDER CONTRACT WITH LUNE STAR GAS CO, FUR NATURAL GAS REQUIRED FOR USE TO !FURNISH POWEK TO TEXAS-NEW MEXICO POWER CO. Nelson explained that Staff recommends approval of subject contract with Lone Star Gas Co. for Denton's 15% proportionate share of 13,000 MCF of gas per day at a rate not to exceed $1.60/MCF. According to Nelson, the TMPP via a contract between Bryan and Texas-New Mexico Power Co. (TNP) has sold 60,UOO KW of capacity to TNP. The TNP contract is dependent upon a reasonable rate for the energy component of the contract. This Lone Star Gas contract provides 13,000 MMBtu daily supply of gas from July 1, 1986 through December 30, 1986 at a price not to exceed $1.60/MMHtu. Sales of energy to TNP will be at $2.25/KWH. Therefore, of the energy gener- ated at Denton, the margin would be approximately 0.254/KWH. Since Denton is expected to furnish approximately 15% of the energy for the TNP contract, Denton will be billed for 15% of the gas. ',there is a take-or-pay provision in the contract based on 80% of the 13,000 MM8tu per day or 100600 MMHtu per day at a rate of $1.6U/ MMBtu. However, little risk is anticipated in this provision. Since the cities usage of natural gas exceeds this amount even if no energy is sold to TNP. Frady moved to approve the subject contract with Lone Star Gas Co. for natural gas required for use to furnish power to Texas-New Mexico Power Co. Thompson second. All ayes, no nays, motion carried unanimously. Now 77 August 5, 1986 CITY COUNCIL AGENDA TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Hrarell, City Manager SUBJECT: Consider Amendment 01 to Texas Municipal Power Pool "Power Pool and Interchange Agreement". RECOMMENDATION: The Public Utilities Board, at their meeting July 230 19869 recommended to the Council approval of subject amendment. The purpose is to establish the terms by which a member who is deficient in generation capacity must reimburse the members who have available excess capacity. SUMMARY: Under the previous fool Agreement, members paid for maintainer and supplemental capacity at a rate of $41mo/KW only for the actual time they are unable to generate their requirements. The amendment and schedule have established an annual rate of $18/KW for the deficiency plus reserve required through 12/31/89. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Future Generation Planning--Electric customers FISCAL IMPACT: Denton share of capacity revenue due to excess capacity should be approximately $770,000. Prepared by: Respectfully, E. B. Tul los ~~r eT;/ Asst. Dir, of Electric Utilities City Manager Approved by: Ro E. @ n Director of Utilities EXHIBIT 1 Amendment M1 II Minutes PUB meeting of 7/23/86 4426U:9 1$21L V l . NO. i AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO • THE TEXAS MUNICIPAL POWER POOL AND INTERCHANGE AGREEMENT BY AND BETWEEN THE CITIES OF GARLAND, DENTON, BRYAN, AND GREENVILLE AND BRAZOS ELECTRIC POWER COOPERATIVE RELATING TO POOL SYSTEM OPERATIONS; AND DECLARING AND EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, Amendment No, 1 to the Texas Municipal Power Pool and Interchange Agreement between the Cities of Garland, Denton, Bryan, and Greenville and Brazos Electric Power Cooperative relating to pool system operations under the terms and conditions being contained in said Amendment No. 1 which is attached hereto and made a part hereof. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1966. CITY OF DENTON, TEXAS ATTEST: CTOLUTT4 ALLEN CITY NECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORME DEBRA ADAMI DRAYOViTCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY., A!'IIOMENT NO, 1 TO TEXAS MUNICIPAL POWER POOL POWER POOL. X INTERCHANGE AGREEMENT The Power Pool A Interchange Agreement dated the 1st day of February, 1982, by and between the City of Bryan, Texas; the City of Denton, Texas; the City of Garland, Texas; the City of Greenville, Texas; (hereinafter referred to as "Cities"); the Brazos Electric Power Cooperative, Inc. ("Brazos") and the Texas Municipal Power Agency (TMPA) is hereby amended to the extents and only the ex- tent as follows: Section VIII. POOL SYSTEM OPERATIONS. Paragraph 8.01 General is hereby deleted in its entirety`, an replaced in is entirety by the fo o'Iowwi-nq: 118.01 General It shall be the responsibility of each Party to plan, finance, in- stall and operate the facilities of its own system. It shall be the responsibility of the Pool members to jointly plan to install and operate the facilities to meet the requirements of the Pool as out- lined in Section 8,02 and 8.07 herein. If a Pool Member does not have the required reserves, no other mem- ber of the Pool shall sell capacity such that the Pool will not have the required reserve-. The Pool Member that is deficient shall have the right to purchase supplemental capacity and energy from the other Pool members to meet the member's load plus required reserves based on its load at the coincidental Pool peak load. The rates for such purchase shall be as per Schedule "F" attached to this contract. If the Pool Member that is deficient obtains a proposal for power and energy more economical than the rate in Schedule "F", then the other members will have the right to lower the rate in Schedule "F". If any of the above provisions fail to address a condition of Pool capacity deficiency, the Pool Committee shall work in a coordinated manner to assure the operation of a firm Pool. On or before January 1st of each year, each Party shall submit to the Pool Committee the peak load projections for its system for the next ten year period. Projections shall be substantiated by past peak loads experienced and other supporting data. The methodology for projecting demand and energy requirements shall be current state of the art and shall be approved by the Pool Committee. On the basis of these projections, and in accordance with the meth- ods stated herein, the Parties shall develop plans for generation, transmission and substation installations for the next ten year period. If the Pool will not have the capacity to meet the load and reserves requirement, the Pool member or members who do not have sufficient capacity that they own or contract for with non-pool members, shall have the responsibility to provide the capacity to meet the Pool re- quirements. All Parties shall submit annually on the date selected by the 'rech- • nical Committee, their maintenance schedule for dedicated generation units for the next annual period. The Technical Committee shall re- view such Schedules and approve a Pool Maintenance Schedule. All other provisions of The Agreement shall remain in force and effect until or as amended by subsequent amendments. IN WITNESS WHEREOF, this Amendment No. to Agreement has been executed by the Parties hereto on this day of lg ATTEST: CITY OF BRYAN, TEXAS BY: CITY ESECRETARY KAYOR ATTEST: CITY OF DENTON, TEXAS BY: CITY SECRETARY MAYOR • ATTEST: CITY OF GARLAND, TEXAS CITY SECRETARY BY: MAYOR ATTEST- CITY OF GREENVILLE, TEXAS BY: CITY SECRETARY MAYOR ATTEST: BRAZOS ELECTRIC POWER COOP.0 INC. BY: SECRETARY EXECUTIVE VICE PRESIDENT & GENERAL MANAGER ATTEST: TEXAS MUNICIPAL POWER AGENCY BY: . SECRETARY GENERAL M NA ER EXCERPT PUBLIC UTILITIES SOARA MWJTES 7/23/86 CONSIDER AMEND ENT NO, 1 TO TEXAS MUNICIPAL POWER POOL Oil 1. over oo ag nterc ante areasont . Nelson explained that the Staff recommends approval of subject amendment. The purpose is to establish the terms by which a member who is deficient in generation capacity must reimburse the members who have available excess capacity. According to Nelson, under the previous Pool Agreement, members paid for maintataanae and supplemental capacity at a rate of $2/mo/KW only for the actual time they are unable to generate their requirements. The amendment and schedule have established an annual rate of $18/KW for the deficiency plus reserve required through 12/31/89. Nelson explained that Denton's annual share of capacity revenue due to excess capacity should be approximately $270,000. Frady moved to approve the subject amendment. Thompson second. All ayes, no nays, motion carried. ~J 1516'L" i R E S O L U T I O N BB IT RESOLV2D BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. n, Texas h erebyaauthor zed, to execute ton obehalf 0 he City e of Denton Is letter accountsagre n ebankment betweenlltheiCityo of dDentone and uHeardr Goggan, Blair, Will sms 8 Harrison. SECTION 11. r That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPkOVED this the day of 3986. RAY CITY OF DENTON, TEXAS I ATTEST: CHAREOTTE CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OP DENTON, TEXAS BY: i HEARD, OOGGAN, BLAIR, WILLIAMS & HARRISON ATTORNEYS AT LAW OLIVER s. HE APO, SR 030 LITTLIMIRLD OLD. OLrviRO K.CANAL[p 419101.19771 AUSTIN, TEXAS 70701 D.MARK MPNDOa:K OLIVER S, HEARD, JN ORLANDO L. OARC IA THOMAS ■OOOOAN. III (11$) 400d40I JOHN J. HORN, M STEPHEN 5. SLAM LAWRENCE H. DOW EN JIM !LAM JAMESD STANTON LESLIE N.'NILLIAMS, JR. RESRCCA P SUSTAMANTE W. O. 701 L " HARPI90N RICHARD A. STRIESER HAROLD D. PUTMAN, JR July 1 , 19 86 TAMERA LEE KM19 HENRYC METER LIPS 2AMARRIPA CHARLOTTE D TRIM RAYMOND R. OKAY RICHARD N, ORSINOER ALFREDO PADILLA Ms. Debra Drayovitch City Attorney City of Denton 215 East McKinney Denton, Texas 76201 Re: Collection of Delinquent City Utility Accounts in Bankruptcy Dear Ms. Drayovitch, This letter will constitute a supplemental addendum to the contract between the City of Denton and the firm of Heard, Goggan, Blair, Williams and Harrison adopted by the City Council of the City of Denton on July 1, 1986. It is expressly contemplated that pursuant to such contract the firm will pursue delinquent tax accounts through bankruptcy proceedings, The firm hereby agrees to pursue delinquent City utility accounts it bankruptcy in those cases wherein the debtors have city of Denton delinquent tax accounts in bankruptcy, The firm will receive as compensati:,,, the sum of fifteen percent (15%) of amounts actually collected oil city utility accounts in bankruptcy. If the foregoing accurately reflects our agreement, we would appreciate your endorsement of the enclosed copy of this letter. The original.. is for your file. We understand that your office will initiate the appropriate procedures for Council approval of this agreement. We look forward to working with your office in the interests of our mutual client, the City of Denton. Very truly yours, CITY OF DENTON HEARD, , BLA~ R, WILLIAMS & HARRIS N, By: CityaAtDray.oi~ytch By: 41omas Goggan SAN AI4TON10 HOUSTON DALLAS FORT WORTH LAREDO TOWE11 LIFE su%D~N0 1150 CITICORP CENTER A.1 IANX FINANCIAL CENMS' SO] EAST IWLKNAP ST. 1015 JUARE2 TENYN KLOOR HOUSTON, TEXAS 7,'0041 2111 BRYAN ST. FORT WORTH, TEXAS 75102 9UITE 101 SAN ANTONIO, TEKAS 75205 47111 •ssloM DALLAS, TEXAS 75201 Ism 877.4589 L. ARE00, TEXAS 70040 151!1 22914742 4214, 000.00" islet 7t1-1101 !i ADDENDUM TO LETTER Of AGREEMENT BETWEEN THE CITY Of DENTON AND HEARD, GOGGAN, BLAIR, WILLIAMS $ HARRISON This agreement shall be in effect from the 5th day of August, 1986 to the lst of August, 1987 but may be extended upon mutual agreement of the City and lawfirm, In all other aspects, this agreement shall be governed by the terms of the contract between the City and Heard, Goggan, Blair, Williams $ Harrison, executed on the lst day of July, 1986. r r,~" w,.., - - :~T. "-11:--1 - ~ ~~i I ~ " ~ , I " I . I - 1 - , - ; August 5, 1986 CITY COUNCIL AGENDA TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM., Lloyd Harrell, City Manager SUBJECT: Consider Resolution For Approval Of Sewer Pipeline Boring License For Pockrus Road Sewer Line From Missouri-Kansas-Texas Railroad Company4 RECOMMENDATION: The Public Utilities Board, at their meeting July 23, 1986t recommended to the Council approval of subject resolution and payment of the rerew9l license fee in full - $595 by the City Utilities Department, SUMMARY: The 811 sanitary sewer line crosses the MK 4 T Railroad and this request is for paying the renewal license fee for the railroad pipeline boring. BACKGROUND: The original owners of property located at the northeast corner of IH-35 and Pockrus Road paid for a sanitary sewer line and railroad boring license in 197S to serve their property. After property was developed, the sanitary sewer line was dedicated to the City of Denton. Since the boring lil~ense renewal is due every 10 years and the sanitary sewer is now the Git Is responsibility, th~s renewal fee should be paid by the 6tilities Department. PROGRAMS, DEPARTMENTS OR GRUUPS AFFh(;TLD: Denton Municipal Utilities, City Right-Of-Way Agent, and the Citizens. FISCAL IMPACT: The full sum of $595 for the first ten years of license was paid by the developer. However, subsequent license fee at the time of renewal after 10 years will be at the City's expense, 4426U*43 Prepared by: Respectfully, Srtni Sundaramoorthy oy rra Civil Engineers City Manager Approved by: R, b, Nelson Director of Utilities Attachments I Location Map II License Agreement III Resolution IV Minutes of PUB Meeting of 7/23/86 4426U:4 AS S 0 L U T I 0 N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TE. • The Mayor is hereby authorised and directed to execute o, behalf of the City of Denton, Texas, a Pipe Line License Agreement dated March 19, 1985, between the City of Denton and the 14issourl•Xansas•Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and Installation by boring method, of one sanitary sewer line encased in a carrier pipe not exceeding eight inche, (811) in diameter at Mile Post X•725.77, Denton County, Texas. PASSED AND APPROVED this the day of , 1986. RAY S, MAYO1 CITY OF DENTON,TEXAS ATTEST: CHARLOTTE ALLEN CITY SECUIM CITY OF DENTON,,TEX9S APPROVED AS TO LEGAL FORM: DEBRA ADANI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY; U . 1 vtr Y. ~1f0 t111Wtr oco» AS. Isso w ,Mr,~MtR ~,ec9 f"rt Er bd3.in'~ F ti N of, ' i~.m'~~>}1, yr, DO' / f"L s9)fo FL sY7. /f o"I JoC eon 14AM09TT A MASHO INC. SAM AMIS ONil*C w + YINi MKS" E rt r E M,II.CO SUft A' "o 4MO 4 . ' v, 4 MAIR1II *A A. 1110 44I OEM $ cm*TY tn*s ~ :T PIPE LINE LICENSE THIS AGREEMENT No owe this - 19th .dey of March It.~ between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, heminafter piled -Lisesaor", an CITY Of MM. S. hereinafter called `LWmun WITNZSSETH: ARTICLZ L 1. JANs This agreement shalt take effect the data hereof, and unless sooner to rsi- mated as provided herein, shall continue in force so long es used for the purpose herein set out for a period of ten (10) years, or until terminated by either party giving the other party not less than thirty (30) days' advance notice to writing of an intention to terminate the saaw, the agreement to terminate upon the expiration of such term or notice, whichever occurs first. Licensee is hereby given a renewal option at a price and term to be negotiated no sooner than 120 days or less than SO days prior to the expiration of this term. In the event the amount of renegotiated rental is not agreed to in writing by both parties, prior to tbss expiration of the terms of this license, this license shalt autowati• cally terminate without notice, effective the last day of the expiring term, 2, Comaiderstiom and Descriptlom In considmtion o/., FIVE H RED N1hWTY-PIVE AND Nolip& .59S-00 ) DO receipt of which is heresy acknowledged, and of theeovenants of Licensee as hereinafter set forth, Liornsorberebygrantsa license and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by _ boring shod, one Pipe line(s) used in a carrier pipe not exceeding - eigit_ (_,_$„_7 inches in diameter, to be used for carrying sewer across or along Licensor's property a or near--- Denton in an County Denton =rd State o[ Texas For convenience, the said pipe line is hereinafter referred to as "Crossing". The location of said Crossing is more particularly described as follows: Said eight (811) inch sewer pipe line crosses said Railroad Company's premises at an angle of 47 degrees, more or less, measured to the left, Westerly from the centerline of said Railroad Company's Denton Subdivision main track at Mile Post 725.77 being main track valuation chaining station 1706 plus 67 distnnt 1046 feet, more or less, measured Soyttheasterly along the centerline of said main track from the Southwesterly end of Bridge No, K-72S.S. Licensee undemakon and agrees: 1. Sped0codons: To insta!i said Crossing according to the specifkatim of the American Railway Enginserix Association Part J. Plpelirnes. The Crossing shall be laid and maintained at the sok cop of Licensee, and in a manner and wits . material satisfactory to Laansor's Chief Engineer, with its top at least five and oae•half (5%) fiat bsnaath the base of the rail undo the track, and at keep three (3'} fat below the surface of she ground elsewhere, se it wiltnot interfere with the sate operation of sai railroad or cause dame to Licence's property, said pipe line shell he encased in a larger pipe where it passes under a ny rallro6 track, and for at last Mnty-five (231 feet on each aide of the center Wee of any seen track. 2. heat Occupants; To snake appropriate arnnn,a:"oft with any puce or legal sanity occupying the promise affected hereby ramni too kris or other permission iln by Licow, so that Licensee's said Crosair4 will not unreasonobt interfere with the use *(the ioubject property. or creiste undue hardship on the person or bpi entity occupying the premise 3. IJabWsy: Licensor shall not be habit for any damage to said Crossing or the contents ttnereof, howsoever such doma# shall be caused, whether by the negligence of Licensor, its meets, employers, or otherwise. Licensee assumes the risk of, and shall protect, indemnify and hold harmless Licensor from and ispinst all liability forot on account of injury to or death of any and all persons or damap to property, includins live mock killed or injured, resulting from or incident to the construction, maintenance, use, operation. reloemion. reconstru"Wo orsximeneeof sold Crossing on Licensor t premises, or the removal thereof from said premises, or to the restoration of or failure to remote said premises to their pnor of other condition as herein provided, whether such injury, death of damage shalt be cawed or contributed to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will prottct, indemnify and bold hormku Licensor and any others legally using its right of way, from all claims, demands, suits or actions growing out ofanysuch loss, injury ordemands, includinil investigation costs, coact costs, and attorneys' fees resulting or in any manner arising from the risks herein assumed by Licensee. Licensee further agrees to immediately investigate any such claims, demands, or suite and shall defend, settle, and/or otherwise dispose of the same at its sole cost and eznense. In the event Licensee atitlu any such claims, demands, or suits, it shall obtain a release which includes Licensor, Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may suffer or sustain because of any failure of Licensoes title to the right of way and lands occupied by said Crossing or any part thereof. 4. Waiver: To waive all right to question the validity of this License or any of the terms orprovisions hereof, or the right or power of Licensor to execute and enforce the same. ARTICLE 111. It is mutually agreed by and between the parties, ss follows: I,(a) Repoin and Reloadon: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a condition satisfactory to Licensor. Licensor.may request Licensee to change the location of the Crossing, or any part thereof, or to make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in the use or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on Licensor's right of way, and in the event it is found neeessare for Licensor to use its entire right of way, or any portion of it occupied by the Crossing, Licensee shall at its sole expense, and withii thirty (30) days after notice so to do, (or upon shorter notice in case of emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by Licensor. (b) if Licensee shall fait to perform any of its obligations contained in this agreement to the maintenance of safe conditions in and about said Crossing ores to the protection of wires from electrical interference on Licensor's property orto make any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, orchange of location to be made, or repairs to be made, or Crossing to be removM from Licensor's property, Licensor acting as the agent of Licensee. and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; or Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its intention so to do. 2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of Licensee's covenanu herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License, No termination orexpiration shall affect the rights and liabilities, if any, *(the parties hereto then existing, 3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of Amick I, or Paragraph 2 or 4 of Article 111, or otherwise. Licensee shall promptly remove said Crossing from Licensee's right of way. and restore said right of wee to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the expense therefor to the Licensee on the basis provided in Paragraph I(b) of Amick Ill. 2,.. (a) ' 1k.+fNK "d a!I O ~ This sttttlseoes o sod Of t asst PtOvWOM Wn*in conuiMM be bodkV tlitar M tttasttton, administrators the wigs Licensee &V*" to stay NOUN .0 wrkin hgqr NOW cMates. LiemseeWees not to MW this License or any interest therein, ~ go Licensor of all and every Sod attempted assisrtn i without such '"ice the eonsetn of in i prior *,*,on eotuent 040 be void and of noLIR t of an ntstu. Lice e:Aa#I at all times rpyin 1WIy nsponsible and liable for the payment of the rerttaL ihrty, bMin specifiedatt W the eotttpaastoe of aU *(its other OMP"ons under the etrtns, provisions. Sad covenants of this Lion". (b) !a. the avast neat ie attttttaUy, Licensor expressly rnerves the right to increasethe above rental rate on any rl arutiverp fy dt tt of this Hance Sivini Licensee thirty (30) days' written notice. Licensor may increase the rtztb pereantaje the ConSUtaer rice index has increased, published by the D,parsmeht of Labor, since the )ass rents We"se peno4 or the last anniversary date hereof, (c) The persmi pronouns steed herein as referring to Licensee shall be understood so to refer to t icensee whtthe Licensee be !natural persoa, a partnership, or a corporation, or any esuabinatkn thereof. (d) Any notice herein raquirrd to be diwm by Licensor to Lkensee shtu be deemed prope delivered to Lkenue or his authorized sent, or if pasted on or if mailed add rly liven if served u a known place of business. g p~pad. to Licensee at his I" (e) No oral promises. oral a jreements, or oral warranties 1111411 be deemed a part of this License. nor sMil any a Iteration. ame, AMSAt, supplement, or waiver of any of the provisions of this arcs be supplemented, altered, fioertse be birtdinj upon either party hereto unless the tSnBed, or amended by an instrument in writinj. lined by Lic=nsor and Licensee, (t) This License does not become bindins upon Licensor until executed by Licensors viee,pnm6nt. IN WITNESS WHEREOF, the parties hereto have executed thisa=ramsntasoftiudayandyear fustabove written, MISSOURI-KANSAS-TEXAS RAILROAD COMPANY By vice-President CITY OF DENTONs TEXAS By Title. Mayor Address: 217 E. MCKfnney Street Denton, TX 76102 File: T-18753.8 • ti R • .I,` _ 4& Z ' IPA % •1y, JA lB Ott ~'It • ~ of 1 , 30,40~ L~.4.f RXAAo~ Cl if xrAo R'4/4 max i.~ rr-rr.r~ r.T r•I~ S ~~I J-- r ' ~ IO ~ X`~tf vl, + 6y _ X696 X32 i _ 3,Canc. Arch ;31 %9. 1693t50 ° „ 69 A o?, . M ~ 'r l6bg7 ~ 5~. EXCERPT PUBLIC UTILITIES BOARD MINUTES 7/1/86 CONSIDER RESOLUTION AUTHORIZING MAYOR TO EXECUTE PIPELINE LICENSE AGREEMENT MARCH K-725.77, DENTUN COUNTY, TEXAS (Fockrus Rd Sewer Line . Ham explained that the Staff recommends approval of subject resolution and payment of the renewal license fee in full - $595 by the City Utilities Department for an existing 8" sanitary sewer line crosses the MK & T Railroad at Pockrus (Paige) street. Thompson moved to approve the subject resolution. Frady second. All ayes, no nays, motion carried. y r . t r rows. The planning and 3oning CcaMission reooamended denial of the variance regueri. ~,qM~► Y a Mr. Don M. Bryant requested a variance of the Art. 4.03 of the subdivision and Land Development Roqulations concerning perimeter paving. The regulations include eight conditions that must be set before a variance may be gr ated. The request does not meet four of the eight conditions and the specific reasons are outlined in the attachment from David salmon, Civil Engineer, Engineering Department. C GROUNDI A preliminary plat for a 6 acre tract on Nickory 8111 Road west of FM 1630 was submitted to the City of Denton. The property is located in the extraterritorial jurisdiction and in an area where several estate subdivisions have been approved in the past year. The Commission denied the variance request for the Keenan Farms Addition. According to the regulations of Appendix A of the Code of Ordinances, the commission may postpone improvements of unimproved streets if the requirements are not feasible or desirable at the time of development. The Commission stated in the recommendation of the preliminary plat that a performance bond approved by the City for one and one-half the current estimated cost of construction must be pasted by the developer and a written agreement must be signed by the uaveloper obligating the developer to pay the cost of construction. (Art. 4030 p. 1100. The preliminary plat was approved with the bond condition on July 1, 1986 by the City C~-lmcil. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Adjacent property owners, citizens of Denton, and all departments involved in the development proceae. City council Format (V-30) July 15, 1986 Peg* 2 FISCAL IMPACT: If improvements are not required, the citizens of the City will be required to pay for the improvemen',:se Vespectfully submitted: Lloyd Harrell P *pored by: City !tanager r _ David llison yt~ Senior Planner Appro Jeff Meyer Director of Planning 18199 CITY COUNCIL AGENDA BACK-UP SU.MMARY SHEET MEETING DATE: July 15, 1986 SUBJECT: V-30. Petition of Don Bryant (Keenan Farms Addition) requesting a variance of Article 403 of the City of Denton Subdivision and Land Development Regulations. The article details perimeter street paving requirements. SUMMARY: Variations and modifications of the requirements of the Denton Subdivision and Land Dev~."opment Regulations are discussed in Article I, Chapter III, and states in part that in no case shall the Planning and Zoning Commission or laity Council grant modifications unless it finds that all of the following, conditions are satisfied: The modified proposal would conform to the city master plans. 2. Literal enforcement of a provision would result in an extreme hardship for the development of the subdivision. 3. Granting of a modification will not have the effect of preventing the orderly subdivision of other land use in the area. 4. The modification accomplishes the spirit and intent of the standard. 5. Tne problem in question is not generally com- mon to other properties in the city. If the problem standard in question is of general application to numerous properties throughout the city, then the Planning and Zoning commis- sion is prohibited from granting such variance, but should instead recommend an ordinance change to the laity Council. 6. The actual pecuniary cost of development of the property shall be considered for modifi- cation of standards. 7. The hardship must be a physical hardship relating to the property itself as distin- guished from a hardship relating to convenience. 8. The hardship must not result from the applicant's or proposed property owner's own actions. City Council Backup 0 July 15, 1986 SUMMARY: (continued) If the City Council concludes that the eight conditions as specified in the Subdivision Regulations are met, a majority of affirmative votes is required to grant the variance. A memorandum from David Salmon, Assistant City Engineer, describing the cost and effect of the improvements is attached, ACTION REQUIRED: Approve or deny the request for variance. RECUMMENDATIUN: The Planning and Zoning Commission recommmnds that the variance be denied and improvements be required. ALTERNATIVE: Approvf; or deny the request for variance. ATTACHMENTS: Reduced plat and memorandum a4;1-el , .91~~ Ifavi son Senior Engineer Yustti~t ur'h u'~14 I~ , /4 71Iye YI A raw Orly 4M'r'e I r ~ ..411'a , Ib 1 I Y: •M {q(1111♦ 7 lJvaN~1 ~r•.1aJvu '11 11, , .I 'YSI. 1 •rh' ' 1' L rl".t'..I lash / Ill Lal .1 w ...r rl"v 1 n r r r . 1r. I . 1'rh 1 .1 IM I,1 S.Irh 1w vn, .11111-1 ♦ rl.h ❑n 1411-:• ".14". ..1 / .1,' ;.r1 Mlnl IA11 trf1A10 Y'• 1. rr Il. 1 /AI tii, .liar n/.' 1oe 'Ij.. Iran ✓rf + Y II nl l' I,. r of . • It' II rl Al ►r /N/ ONerIMA MI a •N.' IF a 0*, act ooo *CV "Jrar An, u r r r u. Irrr r nl 1. 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AIQ !JEN10N M//.Ifl', Ti-m4_4% "VIC" 1111. 4/rv1 r4810V i 57 ` r. _ , P CITY Of DAMTON, rEXAS MUNICIPAL BUILDING / 215 E. M0KINNEY ST. I DENTON, TEXAS 70201 MEMORANDUM DATE: June 3, 1986 TO: Planning and Zoning Commission Fk0m: David Salmon, E.I.,r. Civil. Engineer SUBJECT: Perimeter Street Paving Variance Keenan Farms Addition (V-30) The developer of the Keenan Farms Addition is requesting a variance of the perimeter street paving requirements for his project. His major reason for the variance is the cost wnicii would be approximately $10,000 which the developer considers excessive for two single family estate lots. Of the eight variance conditions, the developer onlyy meets or could be considered to qualify for N.1, N11 Oo, and d8. Both NL and 06 relate to whether the cost of the improvements are a hardship to the developer. That is your decision to make. Proper research before starting development could reveal to developers whether their plans are feasible or not before starting such projects. Item 01, This portion of Hickory Hill road is planned to be a local residential type street which is what it functions as presently. Item #Z: To be determined by Planning and Zoning Commission Item #3: If this tract is granted a variance, other tracts will have to drive over deteriorated county roads to get to their projects. Also as this would be an estate road section with borrow ditches, construction o,: the road would promote proper drainage in the area. Item M4: Spirit and intent of the standard is to have roads meet city specifications when tuey are annexed. This variance will not. Item N5: The problem is common to all properties in the ETJ that have frontage on county roads Item 06: To be determined by the Planning and Zoning Commission 81715008200 DIFW METRO 434-2520 page 2 of 2 pages Item 07: There is no physical hardship in this case. There are no major hills, bridges, etc that would cause prohibitive costs to thy: developer. Item g8: The hardship is not caued by the property owner's actions. In summary, since at least tour of the eight conditions are not met, a variance should not be granted. ~--....rte 6xx aT V David Salmon, B.I.T. Civil Engineer is 00400H a ,v' 'rYx ~ s; 44*1 llr. ~ YOrwo stated that this Casa will be fomr~1 ft, , t tr it with ne yoteaaea4atioa from the Famittg-, sal teNf y.Ceaaissiom. his. Cole loft the oseting. r F. Y- Petition of De N. Bryant regwsting a variance revisions of the City of Denton Subdivision and Land Developaeat Its ulatiess requiring{ sidewalk, Davknf, curb and gutter, and drainage improveaeats for petimetsr streets adjacent to proposed subdivisions. Two 3.0 acre lots located adjacent sad west of Hickory Hill Road between Gibbons Road and FN 1130 are proposed. 'The property is located in tho City of Denton s area of extraterritorial jurisdiction (ETJ) and single family development is anticipated. one notice was mailed to adjacent property owner; one raply form was received in favor. FS TA F RSPUI,~C: Mr. Sllison stated that this is a request ON vat Onca of perimstar street paving required for Hickory Hill Road. He said that this is an area that is a considerable distance from the urbanized portion of the city. He said that the petitioner has proposed two three acre lots for a residential estate type subdivision and the City of Denton regulations apply both for the city and HTJ. He said that the petitioner is required to pave a 17 foot section across the frontage of property plus a nide- walk across the entire frontage of the property. He said the issue of drainage has been resolved. He said that the petitioner believes that these tracts are so far from the city that improvements are not necessary. He said that the laity Council believes this property is too far for city services at this time and will not be annexed soon. He said that a ten foot strip along Hickory Hill Koad has been annexed. He said that the development keview Committee recommends denial of the variance. I'IONER: lion Bryant, resident of Flower Hound, stated that he is pertners with his father-in-law, ate said that dill Staff is interested in buying three acres, tie said that the road in front of r no property is in good condi- tion and handles the traffic now, He said rnar rive Plan- ning and Zoning Commission has power to grant waiver and asked them to make a decision based on ',ow .tensity, low traffic, hardship, value of the land, and raKe :nro ac- count the condition of the road, IN FAVOR: Bill Staff stated that he is Interested in pur- e as n the northern section of the property. He said that i the variance is granted he will oe building a home, UPPOSED: None present. REBUTTAL: None offered. Chair declared public hearing closed. uhCISIUN: Mr. Claiborne stated that he empathized totally 6-u`tvariances especially this far out of the ciry. He said that he felt bound co support rile SuoJiVLSLOn Aegula- tions, He moved to recommood denial of v-3u with m e stipulation that the street improvements Do deferred by method of bonding, Seconded by ins. Brock. Nr. Norris stated that once the bond expires there is no WAY to Oaks anyone post bond. Ne said that this does rz, f Y .r s e - 1 ~r~t}' as~olai am that ai ties is lives wNs the d 1&4 Clark smueslid escrow into air interest aeeourt.' Vats Was Ballad and carried (1.1)4 Mr, locus voted so, o. MLINIMMY me Flom art of to ALSX Rolf 's' !IHITIMS Lot 4V 21"A 15* err A T : Mr. Allisoa stated that this is a 0.405 acre commercial (C) tract located adjacent sad south of Dallas Drive, east of Johnson Street and north of smith Street. A car wash developmeat is proposed and the vmriato of the rep1st is to remove an existing lot line. i1e aid that a to $tons will be made to the water and sanitary sewer line and all other public facilities are adequate. He said +:hat the Development Roview Committee recommends approval of the prelisiaary and final replats. P T TIUNU Irian Burke, representing Burke Engineering, s ate at he was available for questions. IN FAVOR: None present. UPPUS61): None present. Chair declared pu!)lic hearing closed. DECISION: Mr. Claiborne moved to recommend approval of the pre iminary and final replat of the Alex itobertson Addition, Lot 4, Block. IS. Seconded by Ms. Brock and unanimously carried (L-U). A. S-165 Cont. Ms. Carson stated t.iat Mr. Willis, represent- ng Mr, oli an, is requesting that S-165 be withdrawn be- cause Mr. Holigan is unable to tic present at the meeting. She said that this item was withdrawn previously from the May 27 aggenda. She said that this Item was scheduled for the May 14 sooting and the meeting was cancelled due to a lack of a quorum. She said that the policy of the elanning and Zoning Commission is tnat once an item nas been witn- drawn, the Planning and Zoning t;emmission must maKe a de- termination whether the case can be withdrawn again or whether the public hearing shou_d proceed. Site said tnat staff had no recommendation on the wirndrawal of rite case but that the petitioner would be required to suumit $45 for advertising Pores. I Ms. Brock moved to withdraw S-16S from the June 11 agenda. Seconded by Mr. Escue. Mr. Ellison stated that if this happens again that staff would strongly advise proceeding with the public hearing regardless of the time or situation. Mr. Claiborne amended the motion to add that S-165 would be heard within the next two weeks. Seconded by Mr. Pearson. Vote was called on amendment and unanimously carried (5-u). Vote was called on original motion and unanimously carried (5-u). 1V. CUNSIDUATIONS A. PRELIMINARY PLAT OF '1'!18 URSENFIELD wOODS ADUII'1UN, bection 10 ~ "3