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HomeMy WebLinkAbout05-06-1986 MAI V~1941, AGENDA CITY OF DENTON CITY COUNCIL May 6, 1986 Work Session of the City of Denton City Council on Tuesday, May 6, 1986, at 5:0 p,m, in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 p,m, 10 Discussion of 801 acre zoning request located south of u,S. Highway 380 West and north of Jim Christal Road. (z-1799} 21 Discussion of 66 acre zoning request located south of U'S, Highway 380 East and west of Trinity Road, (Z-1800) 3. Discussion of 301 ic*A zoning request located south of McKinney Street and north of Shady Shores Road, (z-1801) 4, Executive Session: A. Legal Matters Under Sec, 2(e), Art. 6252-17 V,A.T.S, (see item 1S) B, Real Estate Under Sec, 2(f), Art. 6252-17 V,A.T,S, (see item 18) C, Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A,T,S, (see items 16 and 17) Regular Meeting of the City of Denton City Council on Tuesday, May 6, 19860 at 7:00 p.m. in the Council Chambers of the Municipal Building at which the fallowing items will be considered: 7:00 p,m. 11 Consider approval of a resolution in appreciation of Richard Stewart. 2, Consider approval of a resolution in appreciation of Charles Hopkins, 31 Consider approval of a resolution in appreciation of Jack Gentry. 4, Consider approval of the Minutes of the Regular Meeting of February 4, 1986; the Regular Meeting of • February 18y 1986; the Regular Moeting of March 4, 1986; the Regular Meeting of March 18, 1986; the Regular Meeting of April 1, 1986; the Special Called Meeting of April 3, 1986; the Special Called Meeting of April 8, 2986; the Regular Meeting of April 1S, 1986 and the Special Called-Meeting of April 2Z, 1986. City of Denton City Council Agenda May 6, 1986 Page Two 5. 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 (A enda items 12.A, and 12.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: 10 Bid 0 9604 - Painting of Peach Street water tank 2. Hid 0 9606 - Chemicals (water treatment) . 31 Bid 0 9608 - Traffic signal conduit 4, Bid 8 9613 - Overcurrent relays B. Plats and Replats: 16 Approval of preliminary plat of the D.1.S.D.-Farris Road Addi,cion, Lot 1, Block 11 (The Planning and Zoning Commission recommends approval.) 21 Approval of preliminary and final replat of t; a Freeway Park Addition, Lot 2B, Block A. (The Planning and Zoning Commission recommends approval.) 31 Approval of final replat of the Summit Addition, Lots 1 and 2, Block 1. (The Planning and Zoning Commission recommends approval.) 60 Receive a presentation by Mrs and Mrs. Carl Boyer requesting an exclusive franchise for taxi service within the City of Denton. 7. Presentation of awards for beautification effort to the City. 81 Appearance by Mr. Carl Young regarding the approval of the Youth Program. City of Denton City Council Agenda May 6, 1956 Page Three 9. Appearance by Mr. Carl Young regarding the needs of thhe southeast Denton community, 10. Consider approval of a request from Mr. Carl Young to extend the curfew until 12:00 midnight and waive the fee for Fred Moore Park on Friday and Saturde,y, May 9 and 10. 11. Public hearings: A. Hold a public hearing concerning the request of Oakhill Joint Venture and the City of Denton for annexation of approximately 142 acres being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,000 feet east of Trinity Road. (A-3S) (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing concerning the request of Miller of Texas, Inc. and the City of Denton for annexation of approximately 301.8 acres between I-3S6 and FM 426; and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. (A-38) (The Planning and Zoning Commission recommends approval.) C. Hold a public hearing concerning the proposed annexation of approximately 66.42 acres situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, scuth of U. . Highway 380 Bast, and west of Trini±y Road. (A•36) D. Hold a public hearing concerning an ordinance amending Article 11 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas, to provide for regulations and procedures for the creation and development of planned development zoning districts; providing for a maximum penalty of one thousand dollars ($1,000.00) for violations thereof; providing for a severability clause; and providing for an effective date. (The Planning and Zoning Commission recommends approval.) 11 Consider adoption of an ordinance amending Article 11 of Appendix B•Zoning of the Code . of Ordinances of the City of Denton, Texas. City of Denton City Council Agenda May 6, 1986 Page Pour 110 Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C, Consider adoption of an ordinance and service plan annexing approximately 125.15 acres beginning at Kings Row and proposed Loop 288, south of Oak Bend Estates, and south of Stlverdome Road. (A-33) (The Planning and Zoning Commission recommends approval.) D. Consider adoption of an ordinance approving an amendment. of planned development (PD-12) on an approximately 78 acre tract located on the west side of Interstate 3S-B approximately 2,500 feet south of State School Road. (Z-170S) E. Consider, adoption of an ordinance approving planned development (PD) zoning on 80 acres located approximate; 1,150 feet west of Teasley Lane (FM 2181) and north of Hickory Creek Road. (Z-1766) F. Consider adoption of an ordinance approving planned development (PD) zoning on a 74.97 acre tract located at the northeast corner of the Interstate Highway 35N service road and Payne Drive, (Z-1788) G. Consider adoption of an ordinance approving a comprehensive site plan for a 3.12 acre 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 (FM 426). (2-1790) H. Consider adoption of an ordinance approving planned ,development zoning on 74.9 acres located at the northwest corner of Hickory Creek Road and Teasley Lane (FM 2181). (Z-1794) I. Consider adoption of an ordinance approving a change order in the amount of fifteen thousand one hundred fifty-four dollars and sixty-two cents ($l5 154.62) for a contract with W. F. Harrison construction Company. (The Public Utilities Board recommends approval.) City of Denton City Council Agenda MAy 6, 1966 Page Five J. Consider adoption of an ordinance amending "Schedule ECA" of the schedule of rates for electrical service, to provide for a reduced energy cost adjustment rate. (The Public Utilities Board recommends approval.) K. Consider adoption of an ordinance amending Chapter 25 of the Code of Ordinances of the city of Penton, Texas, to provide for adjustments in water and sewer bills for losses resulting from hidden water leaks or unknown causes and providing for a repealer clause. (The Public Utilities Board recommends approval.) L. Consider adoption of an ordinance approving a contract for the City's participation n the cost of installing an oversized sanitary sewer line; authorizing the Mayor to execute the contract; and approving the expenditure of funds therefore. (The Public Utilities Board recommends approval,) M. Consider adoption of an ordinance approving requests to provide sanitary sewer service outside the City limits. (The Public Utilities Board recommends approval.) N. Consider adoption of an ordinance approving a contract between the City of Denton and the North Texas Umpires Association for officiating softball games for City leagues and declaring an effective date. 0. Consider adoption of an ordinance approving a specific use permit to allow the development of a recreational area on 2,814 acres located 652 feet east of Old North Road and 1,500 feet north of University Drive. (S-188) 13. Resolutions: A. Consider approval of a resolution to adopt five (5) new personnel policies and one (1) existing policy revision. Uniforms 102411 Reference Checks/Recommendations 105.02 Pay System 106.02 Regular Part-Time Employees 106.08 MealiBreak Times 108.02 (Revised) Sick Leave 111,01 City of Denton City Council Agenda May 6, 1986 Page Six 14. New Business; This item provides a section for Council Members to suggest items for future agendas. 1S. Consider authorization to condemn right-of-way for Lakeview development. 16. Consider approval of an appointment to fill a vacancy on the Planning and Zoning Commission. 17. Consider approval of an appointment to fill a vacancy on the Cable TV Advisory Board. 18. Receive a report on the status of the proposed asset transfer of Plow Memorial Hospital. 19. Miscellaneous matters from the City Manager. 20. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sac. 2(f), Art. 6252-17 V. A. T. S . CO Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin bard at the City Hall cof the City of Denton, Texas, on the day of , 1986 at o'clock (a.m.) .m. 2159C 11.'. l..F.: AGENDA CITY OF DENTON CITY COUNCIL May 6, 1986 Work Session of the City of Denton City Council on Tuesday, May 6, 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. Discussion of 801 acre zoning request located south of U.S. Hi hway 380 West and north of Jim Christal Road. (Z-1799 2. Discussion of 66 acre zoning request located south, of U.S. Highway 380 East and west of Trinity Roao. (Z-1800) 3. Discussion of 301.8 acre zoning request located south of McKinney Street and north of S &dy Shores Road. (Z-1801) 4. Executive Session: A. Leg al Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. (see item 15) B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. (see item 18) C. Personnel/Board Apppointments Under Sec. 2(g), Art 6252-17 V.A.'T.S. (see items 16 and M Regular Meeting of the City of Denton City Council on Tuesday, May 6, 19860 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. 11 Consider approval of a resolution in appreciation of Richard Stewart. 21 Consider approval of a resolution in appreciation of Charles Hopkins. 3. Consider approval of a resolution in appreciation of Jack Gentry. 4. Consider approval of the Minutes of the Regular Meeting of February 4, 1986; the Regular Meeting of February 18y 1986; the Regular Meeting of March 4, 1986; the Regular Meeting of March 18, 198; the Regular Meeting of April 1, 1986; the Special Called Meeting of April 3, 1986; the Special Called Meeting of April 8, 1986; the Re ular Meetin of Appril 1S, Z, 19860 1986 and the Special Calls Meeting of fpril 2f,' 1'%1711 -..1. -1 .r..a ~~.5-• •pr-yy .ai'r~ a"ai:'i" City of Denton City Council Agenda May b, 1986 Page Two 5. 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 impleNent 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 12.A, and 12.B.) This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids: 1. Bid N 9604 - Painting of Pedch Street water tank 2. bid N 9606 - Chemicals (water treatment) 3. Bid 0 9608 - Traffic signal conduit 4. Bid 0 9613 - Overcurrent relays B. Plats and Replats: 1. Appproval of preliminary plat of the D.I.S.D,-Parris Road Addition, Lot 1, Block 11 (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary and final replat of the Freeway Park Addition, Lot 2E, Block A. (The Planning and Zoning Commission recommends approval.) 3. Approval of final replat of the Summit Addition, Lots 1 and 2, Block 1. (The Planning and Zoning Commission recommends approval.) 6. Receive a presentation by Mr. and Mrs. Carl Boyer requesting an exclusive franchise for taxi service within the City of Denton. 7. Presentation of awards for beautification effort to the City. 8. Appearance by Mr. Carl Young regarding the approval of the Youth Frograr. Mity6ofDenn pa ton City Council Age,~da ge 1D Three 9. Appearance by Mr, Carl Young regarding the needs of the southeast Denton community, 10. Consider approval of a request from Mr. Carl Young to extend the curfew until 12:00 midnight and waive the fee for Fred Moore Park on Friday and Saturday, May 9 and 10. 11. Public Hearings: A. Hold a public hearing concerning the request of Oakhill Joint Venture and the City of Denton for annexation of approximately 142 acres being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Maybill Read and ending approximately 2,000 feet east of Trinity Road. (A-35) (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing concerning the request of Miller of Texas, Inc. and the City of Denton for annexation of approximately 301.8 acres between 1-3511 and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. (A-38) (The Planning and Zoning Commission recommends approval.) C. Hold a public hearing concerning the proposed annexation of approximately 66,42 acres situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 East, and west of Trinity (toad. (A-36) D. Hold a public hearing concerning an ordinance amending Article 11 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas, to provide for regulations and procedures for the creation and development of planned development zoning districts; providing for a maximum penalty of one thousand dollars ($1,000.00} for violations thereof; providing for a severability clause; and providing for an effective date. (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance amending Article 11 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas. City of Denton City Council Agenda May 60 1986 Page Pour 12. Ordinances; A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase 02 materials, equipment, supplies or services. 8. Consider adoption of an ordinance accepting competitive bids and providing far the award of contracts for public works or mprovements. C. Consider adoption of an ordinance and service plan annexing approximately 125.25 acres beginning at Kings Row and proposed Loop 288 south of Oak Bend Estates, and south of Silverdowe Road. (A-33) (The Planning and Zoning Commission recommends approval.) D. Consider adoption of an ordinance approving an amendment of planned development (PD-12) on an approximately 78 acre tract located on the west side of Interstate 35-E approximately Z,S00 feet south of State School Road. (Z-1705) E. Consider adoption of an ordinance approving planned development (PD) zoning on 80 acres located approximately 1,150 feet west of Teasley Lane (FM 2181) and north of Hickory Creek Road. (Z-1766) F. Consider adoption of an ordinance approving planned development (PD) zoning on a 74.97 acre tract located at the northeast corner of the Interstate Highway 35N service road and Payne Drive. (Z-1788) G. Consider adoption of an ordinance approving a comprehensive site plan for a 3.12 acre 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 (FM 426). (Z-1790) H. Consider adoption of an ordinance approving planned development zoning on 74.9 acres located at the northwest corner of Hickory Creek Road and Teasley Lane (FM 2181). (Z-1794) I, Consider adoption of an ordinance approving a change order iii the amount of fifteen thousand one hundred fifty-four dollars and sixty-two cents ($15 154.62) for a contract with W. F. Harrison 'onstruction Company. (The Public Utilities Board recommends approval.) City of Denton City Council Agenda May 6, 1986 Page Five J. Consider adoption of an ordinance amending "Schedule 8CA" of the schedule of rates for electrical service, to provide for a reduced energy cost adjustment rate. (The Public Utilities Board recommends approval.) K. Consider adoption of an ordinance amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas, to provide for adjustments in water and sewer bills for losses resulting from hidden water leaks or unknown causes and providing for a repealer clause. (The Public Utilities Board recommends approval.) L. Consider adoption of an ordinance approving a contract for the City's participatio;i in the cost of installing an oversized sanitary sewer line; auchoriring the Mayor to execute the contract; and approving the expenditure of funds therefore. (The Public Utilities Board recommends approval,) M. Consider adoption of an ordinance approving requests to provide sanitary sewer service outside the City limits. (The Public Utilities Board recommends approval.) N. Consider adoption of an ordinance apprr,ring a contract between the City of Denton and the North Texas Umpires Association for officiating softball games for City leagues and declaring an effective date. U. Consider adoption of an ordinance approving a specific use permit to allow the development of a recreational area on 2.814 acres located 652 feet east of Old North Road and 1,500 feet north of University Drive. (5-188) 13. Resolutions: A. Consider approval of a resolution to adopt five (5) new personnel policies and one (1) existing policy revision. Uniforms 102011 Reference Checks/Recommendations 105002 Pay System 10602 Regular Part-Time Employees 106.08 Meal/Break Times 108.02 (Revised) Sick Leave 111101 City of Denton City Council Agenda May 6, 1986 Page Six 149 New Business: This item provides a section for Couficil Mewbers to suggest items for future agendas. 1s. Consider authorization to condemn right-of-way for Lakeview developiient. 16. Consider approval of an appointment to fill a vacancy on the Planning and Zoning Commission. 17. Consider approval of an appointment to fill a vacancy on the Cable TV Advisory Board. 18. Receive a report on the status of the proposed asset transfer of Flow Memorial Hospital, 19, Miscellaneous matters from the City Manager. 20. 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, C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1986 at o'clock 2159C A s . . ~ 3.--., ♦ sr ++k ...ice c-M,,e g' . '-`-~t9 DAM OAS/06/86 02'R COUNCIL icy", EMU T0: Msyor and Mombers of the City Council J MM: Lloyd Harrell, City Manager ' SUBJtCT: 801 ACRIt ZONINO CABS (Z-1799) RBCOMMRMDATION: Not applicable. t~$g: 801 acre zoning oase located south of US Highway 380 and north of Jim.Christal Road thstt contains the following land uses: cosssercial/ general retail - 96.17 sores, light industrial - 105.66 acres, office - 112.17 acres, neighborhood service - # acres, multi-tusily - 62.59 acres, single foxily attached - 153.28 sores, single family detached - 148.30 aorta, community service - 18.6 sores, park - 81.34 acres, and Loop 286 - 20.13 sores. MCKMM: The Planning and Zoning Commission and the Airport Mvisory Hoard held a 3oint sooting on April 23, 1986 and mutually agreed that residential land usa• should be located west of Hickory Creek and that the area east of the creek should be reserved for cossserolai/ industrial land use. PROORAMS,,, D6PARTONTe OR GROUPS AFPLCTIR t Not applicable. KCAL IMPACT% There is no impact on the general fund. Re peotfully submitted: Lloy Harr , 611 Prepared by,. City Manager ionise Spivs Urban Planner AppAed Jeff Mey Director of Planning and Developsisnt 13366 CITY OF DMNTOM MEMORANDUM DA'M: April 30, 1986 TOi Denton City Council PROMS Denise Spivey, Urban Planner SUBJRCT-. TWIV CR66K ZONING CASK (Z-1799) Miller of Texas has submitted a coning change request on an 801.71 acre site located north of Jim Christal Road, south of US Highway 360, west of PM 156, and west of Rgan Road. If approved, the request would permit the folloving land uses: A. Ccassercial/General Retail - 96.17 acres B. flight Industrial - 105,66 sores 0. Office - 112.17 acres D. Neighborhood Service - 4 acres 1. Multi-family - 62.59 acres F. Single Family Attached 153,28 acres 0. SF-6 - 148.30 acres H. Community Service - 18.08 acres 1. Park - 81.34 acres J. Loop 288 - 20.13 acres This site was not shown on the original Denton Development Guide intensity map since the property was not annoxed until five years after the sap had been prepared. One important issue that will affect toning and land use in the area is the development of the Denton Municipal Airport. The Planning and Zoning Commission and the Airport Advisory Hoard held a 3oint meeting on April 23, 1986 and mutually agreed that residential land use should be located west of Denton Creek and the area east of the creek should be reserved for commercial/ industrial land use. This limit would accommodate future expansion of the airport. This issue will be presented to the Planning and Zoning Commission and the City Council for adoption as an interim policy. The Land Use Planning Committee will ultimately make e! reocrosendation on intensity polices in the airport area. Denise Sp veyJ as 1335s ♦ k, a FT e= s:, _ x.:~ P a, 000 f i K ' M ~ ft ~ C .1 r } o , } QEVIEL OPMENT CONCEPT MiffmomAx ffftodo I" "iU" COApOAATN7N 141 of s' AML AL 2L JL.& X.M.2. M IL TWA LAN err •w~ wr • i, w •~w /+r . w w w w r w w rr ~ ~~&lcv ~ .1 Lt .tl ,tl i p. 80 &A M tl ,N .1 tl.t► .O 1 11!.11 ~M•H111~~ 1i'Y1/YLan" 1 1M 1 111 t7t W 11t 7tl 1 v Q~(IYMM N ALL L.", 1.4 f.t t.t f. X U Rtl I tl /,1 t• .M .tl 1.17 f.tl 1. i• LM f.q f, .N f ,i{ Wft t►y{ SWU Fl"LV IftfM, 060 SWU ►w►r fMM tv ~ J -0 UnS OS/Ob/S6 Cut OOUMCIjL RRPORT ?"Mir C~ TO, Mayor and Msabers of the City Council F MI Lloyd Harrell, City Manager SUBJRCT : 2..,1800 RRCOM NDATIOM: The Planning and Zoning Commission will consider this request for zoning at its May 289 1966 meeting. SUMA t The property located south of U.B. Hwy 3809 and west of Trinity :load. The zoning request on the 66 acre tract includes office, oosssercial, single family ottachedt and single family detached land uses. BACXGROUM : Annexation of the property should be completed July 8, 1986. The property abuts a previous request by Miller of Texas, Inc. to the south. PROGRAM. DRP&M MTS OR GROUPS AFFRCTRD: All departments involved in the development process will be Weoted. FISCAL: No impact can be determined at this time. Re otfully submitted: ,~]p % L1oy rr 11 Prepared by: City !tanager o- AL Cecile Carson Urban Planner ilppra d n & ad Jeff Key &r Director o Planning and Development 1T17S MAP LEE C FIO MOM 0 IN& r w 4 .5 ~r • f ' MONO Also- •r I irli • j M loorv x, 2ee 00- 0 AS 426 r) lp is ~ / LPL 1C3[ MO[~Mn! ccxycnpr PL^pj NOW Mrie rIAL fi7i "m ymn f~lA!! f q' f YAW . LA w Aft w AONI MROPCO O 71~CM1CKMWAWN Yam Una 3,`t.' f. VAN MUM i 1?AOPOssD PARK LOhKZIPT MNIIJCWM / JCQAOGWM .A POp1. Mop" T Pam MOUE PLAY • t' i' ` - TAJILM TON"u C. ..f AS" i ow ATM AnAmth; .~•~'I 't IV;:. AC"VO AMA PANOW A"M ~~a®oao~ao =NCRPT PLAN IMwer Pb7811 LIMNED D'EVEtsOMW DESIGN STAT 1, St4t¢sent„of Intent A. To develop a multi-use community with commercial/general retail, office, single family attached units as permitted by each appropriate zoning district. B. Development and marketing to coincide with established and future market demand, Construction to be accomplished by phasing. 2. Relation to Calgrehensi" Plan The proposed district is presently outside the existing study area of the City of Denton Development Guide. This development has been designed to most the intent of the Development Guide. 3. Acreage Parcel A - 4.00 acres Parcel B - 3.86 acres Parcel. C - 11.00 acres Parcel D - 47.14 acres Acreage - 66.00 acres 4. Lan U ea A. Existing land use - agricultural, pasture - 66.00 acres B. Proposed land uses Parcel A - office - 4.00 acres Parcel B - single family attached units - 3.86 acres Parcel C - commercial/goneral retail - 11.00 eons Parcel D - single family attached g park area - 47.14 acres 5. Off-Site Znforssation As shown on the Concept Plan 6. Traffi~Transaortation As shown on the Concept Plan A. Projected amount of traffic: p~,'1E Parcel A - 1,400 V.T.D. ~N~NG'010j Parcel B - 540 V.T.D. P~~ OEP Parcel C - 7,150 V.T.D. Parcel D - 4,040 V.T.D. Total - 13,130 V.T.D. Note: Rear access by 20--foot private access easement for all residential uses permitted 7. ldi A. Approximate location: As shown on the Concept Plan Be Maximum height: Parcel A - 60-foot, three-story Parcel B - 45-footo two-story Parcel C - 45-foot, two-story Parcel D - 45-foot, two-scory C. Minimum building setbacks: Parcel A - 25 feet Parcel B - 25 feet Parcel C - 30 feet Parcel D - 25 feet D. Maximum total gross floor area; (non-residential) Parcel A - 174,240 S.F. Parcel C - 4790160 S.F. E. Number of dwelling units and units per acra: Parcel B - 54 dwelling unite - 14.00 d.u./acre Parcel D - 404 dwelling units - 8.57 d.u./acre 8. Reai_ d_ent_ial SSuub_ wislgnrt A. Number and location of lots as shown on the Concept Plan Parcel D - 202 lots - duplex Be 'Minimum size, width, and depth of lots i'arcel D - 5400 S.F., 60-foot width. 90-foot depth C. Minimum front, side and rear yard setbacks Front Side Rear Parcel D 20 feet minimum separation 15 feet between units of 15 feet 9. Water and Drainage As shown on Concept Plan 10, Utilities As shown on Concept Plan 11, Tree# As shown on Concept Plan. There are two tree masses located along the east property line with Oaks 3-inches in diameter or greater. A majority can be saved with the land uses proposed. 12. Open S As shown on Concept Plan Parcel A - 10.00% open space, private Parcel B - 10.00% open space, private Parcel C - 10.00% open space, private Parcel D - 10.00% open space, private 13. SScrrae t a As shown on Concept Plan 14. Aare ommt Schedule A. Estimated start of constructions 1992 B. Estimated phasing as shown on the Concept Plan according to market demand; Phase I 1992-1997 i ..r. ~ ~wg:. 0.~ "4~9 „_ri: ~s E:;, xn~:: ~ ~r*~ a ~ F :iF S .:'t •~rvs e~:~j': r DAfts 05/06/86 t CITY COUNCIL REPORT Ff)RII„AT 6 TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: 2-1801 RECOMMENDATION: The Planning and Zoning Commission will consider this request fcr zoning at its May 28, 1986 meeting. SUMMARY'. The property is locatsd south of McKinney St. and north of Shady Shores Road and is approximately 300 acres in size, BACKGROUND: Annexation of the property should be completed June 24, 1986. The request is made by Miller of Texas, Inc. who requested zoning on the property to the north. PROdRAMB S DEPARTMENTS OR GROUPS AFFECTED: All departments involved in the development process will be affected. FISCAL IMPACT: No impact can be determined at this time. Rs ctfuly la bmitted: 60, 4 Ll Harrell Prepared bps City Manager 01 c a' b CA Cecile Carson Urban Planner Approved: 1 Jeff !~1 ~i Director o and Development 17168 7J 8AIj P i AkW L~W>fl~VllrtlR x K.: 'i.. X. X 1 AGREEMENT LINE Ordinance N 74-33 August 20, 1074 :a x ARPEEMENT N Val. 625t g, 447 7d Denton City Limits Shady Shores City Limits' y, Corinth City Ue"Its COMPOSITE CITY LIMITS and K.T.J. Annexation Location Map PANT1010001611lix aNS~sswwme anw+ 113RAT"m 011m: ~'+4 of 4 ARCHIVED JAN .q ioj= A-M r . • CONP'r' PLAN Meer . 1 ~ , 1 AJI 1w tNONuff"Nia f /G`r w~l C014PONA71ON red - y iu-K» rrw.w wr tVt~Lp LA JO 'w s PD7628 PLANNED DEVELOPMENT DESIGN„_,S'TATEMENT 1. Sta_ tewat of Intent A. To develop a multi-use community with commercial/general retail, office, single family attached units as permitted by each appropriate zoning district. B. Development and marketing to coincide with established and future market demand. Construction to be accomplished by phasing. 2. Relation to Coop ohensire Pin The proposed district is presently outside the existing study area of the City of Denton Development Guide. This development has been designed to meet the intent of the Development Guide. 3. Acrae . Parcel A - 15.46 acres Parcel F - 5.00 acres Parcel K - 17.69 acres Parcel B - 16.26 acres Parcel G - 16.55 acres Parcel L - 12.56 acres Parcel C - 22.96 acres Parcel H - 26.65 acres Parcel M - 45.87 acres Parcel D - 56.81 acres Parcel I - 26.65 acres Acreage - 299.83 acres Parcel E - 7.03 acres Parcel J - 30.36 acres 4. U es A. Existing land use - agricultural - 299.83 acres B. Proposed land use: Parcel A - single family attached units - 15.46 acres Parcel B - single family attached units - 16.26 acres Parcel C - single family attached units - 22.96 acres Parcel D - single family attached units - 56.81 acres Parcel E - general retail - 7.n? acres Parcel F - office - 5.00 acres Parcel G - single family attached units - 16.53 acres Parcel H - single family attached units - 26.65 acres Parcel I - single family attached units - 26.65 acres Parcel J - single family - SF 7 - 30.36 acres Parcel K - single family - SF10 - 17.69 acres Parcel L - single family - SF10 - 12.56 acres+~ Parcel M - community facilities - 45.87 acres 5. OEf__r 3iw Iutor■rti°n r~ As shorn on the Concept Plan O~v~~pp~t'F.N~ QLPNN\NO.b~'~~M~~ i fS 7- • 6. Traffic n Transpgrtstjoa As shown on the Concept Plan A. Projected amount of traffic: Parcel A - 1,700 V.T.D. Parcel It - 2,930 V.T.D. Parcel B - 2,600 V.T.D. Parcel I - 2,040 V.T.D. Parcel C - 2,000 V.T.D. Parcel J - 930 V.T,D. Parcel D - 6,904 V.T.D. Parcel K - 630 V.T.D. Parcel E - 4,593 V.T.D. Parcel L - 210 V.T.D. Parcel F - 3,267 V.T.D. Parcel M - 0 V.T.D. Parcel G - 2,640 V.T.D. Total - 30,444 V.T.D. Note: Rear access by 20-foot private access easement for all residential uses permitted 7. BuildLa A. Approximate location: As shown on the Concept Plan B. Maximum height: Parcel A - 45-foot, two-story Parcel H - 45-foot, two-story Parcel B - 45-foot, two-story Parcel I - 45-.foot, two-story Parcel C - 45-foot, two-story Parcel J - 45-foot, two-story Parcel D - 45-foot, two-story Parcel K - 45-foot, two-story Parcel E - 45-foot, two-story Parcel L - 45-foot, two-story Parcel F - 45-foot, two-story Parcel M - none Parcel G - 45-foot, two-story C. Minimum building setbacks: Parcel A - 25 feet Parcel F - 30 feet Parcel J - 25 feet Parcel B - 25 feet Parcel G - 25 feet Parcel K - 25 feet Parcel C - 25 feet Parcel It - 25 feet Parcel L - 25 feet Parcel D - 25 feet Parcel I - 25 feet Parcel M - 25 feet Parcel E - 30 feet D. Maximum total gross floor area: (non-residential) Parcel E - 76,557 S.F. Parcel F - 54,450 S.F. E. Number of dwelling units and units per acre: Parcel A - 170 dwelling units - 11.00 d.u./acre Parcel B - 325 dwelling units - 20.00 d.u./acre Parcel C - 200 dwelling units - 8.71 d.u./scre Parcel D - 863 dwelling units - 15.20 d.u./acre Parcel G - 330 dwelling units - 20.00 d.u./acre Parcel H - 293 dwelling units - 11.00 d.u./acre Parcel I - 204 dwelling units - 7.65 d.u./acre Parcel J - 93 dwelling units - 3.06 d.u./acre Parcel K - 63 dwelling units - 3.56 d.u./acre Parcel L - 21 dwelling units - 1.67 d.u./acre i T- i7q • 8. Reaideallal Subdivisions A. Number and location of lots as shown on the Concept Plan Parcel C - 100 lots Parcel I - 102 lots Parcel J - 93 lots Parcel K - 63 lots Parcel L - 21 lots B. Minimum size, width, and depth of lots Parcel C - 5,400 S.F., 60-foot width, 90-foot depth Parcel I - 5,400 S.F., 60-foot width, 90-foot depth Parcel J - 7,000 S.F., 60-foot width, 100-foot depth Parcel K - 10,000 S.F., 70-foot width, 200-foot depth Parcel L - 10,000 S.F., 70-foot width, 100-foot depth Notm: Rear access permitted C. Minimum front, side and rear yard setbacks Front Side Rear Parcel C 20 feet minimum separation 15 feet between units of 15 feet Parcel 1 20 feet minimum separation 15 feet between units of 15 feet Parcel J 25 feet minimum separation 15 feet between units of 15 feet Parcel K 30 feet minimum separation 15 feet bet=ween units of 15 feet Parcel L 30 feet minimum separation 15 feet between units of 15 feet 9. WAwr ar and Drain"* As shown on Concept Plan 10. Uti, ilitfes As shown on Concept Plan 12. T~ As shown on Concept Plan. There are several 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, ORULASUM As shown on Concept Plan Parcel A - 10% open space, private Parcel B - 10% open space, private Parcel C - 10% open space, private Parcel D - 10% open space, private Parcel E - 10% open space, private Parcel F - 10% open space, private Parcel C - 10% open space, private Parcel N - 10% open space, private Parcel I - 1O% open space, private Parcel J - 10% open space, private Parcel K - 10% open space, private Parcel L - 10% open space, private Parcel M - 100% open space, public 13. Scram As shown on Concept Plan 14. DevelonontSebedule A. Estimated start of construction: November of 1986 B. Estimated phasing as shown on the Concept Plan according to market demands Phase I 1987-1942 Phase II 19881993 Phase 111 1489-1994 , }TAx 15 ..Y 2°fi to :+bYrT,'8'l .W us. i.^ 5 I "3Zitgara (J. Stewart" WAmas, the city Oouncll of the Gity of Deafer lost one of its most valued Members on April 80 1986, when Richard 0. Stewartss tar* of office as Mayor of the City of Denton expired; and W1tmwo RJahaad 0. Stewart has served as mayor of Denton minas April, 1980 and was a Oauncilmember for three years prior to that time and serves as CUUMmn of the Drnton Airport Advisory Hoard for three years; and NVXM A3, Riabard 0. Stewart bas honorably represented this City by serving as President of the Texas Munlolpal Power Agency and of the texas Public Power Association; and WNBRA", the dNioatlon and effort Richard 0. Stewart has shown the community is exemplified by his service As Director of the Denton Chamber of COmmeroof as a charter member and Director of the 819 brothers cad Sisters of Denton, as a past President of Drnton Ofuney united Nay, as a past President of the Crosetlmbers Oirl Scout O.xmoil; as well as his service as a post President, District Governor and Lleutwwat Governor of the Areakfast Optimist Club; and Wumm, Richard 0. Stewart has served as Post Oxmmander and Is currently serving on the Peat Slodative Oameittee of the American Legion, has served as s member of the aNaton 701sm Osmeittee, the •Denton Mleo omwetee, and the chamber Roads and rranrportatlon C mmittee and as Cbmirmen of the Governorte omwi tt" for Passe" of the Texas Water dill; one NNAVA S, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding Services of Richard 0. Jtawart, and seek his future support which we know will be forthooming; and • WNSMA9, Richard 0, Stewart has alwmL)s served above mad beyond the efficient discharge of his duel" In promoting the welfare cad prosperity of the City, and boo earned the full respect of his fellow 0moolImembers and 0011eegues and oltisens of Denton; j MOW, rMANSFOU, S9 tr RX10LVYAt { That the City aMMOIl of the ate of Denton, acting on behalf of the oltisens and staft, wisbea to maknowledge with grateful appreciation the services of Richard 0. Stewart and the demotion he has given the City council of the city of Denton, and hereby orders that this Resolution be wade s part of tba official Minutes of this 0o94011 to b* m permanent record of the City, and that a copy of this Resolution be forwarded to I Richard O, Stewart AS A token of cur appraoistlon. J PASSBD AMD APPROVBD this the dth day of May, 1986, qtr, RAY S"PNBM3, MAYOR i, .h A!!BZlr tYAR MM AUAN, CITY SBOWARY APPAOM AS 11? LOW I MI M- i i ~ ~ ~}f~11Yt~011 ~ "¢parlrs lsRkies" NMEREAs, the city Wunotl of the City of Denton lost one of its frost valued members, Charles Hopkins, who was elected thereto in April of 1910 and served as Mayor pro Tem from April, 1915 uatll his term expired in April, 1916; and WHEREAS, Charles Hopkins is a member of the Lions Club, has served as President of the Elke Lodge in l9f4 and as Trustee frog { 1914 to the present, as past President of the Denton Boma Builders Association and as past Director of the National Bore Builders Auooiationj and WHEREAS, Charles Hopkins served as Chairman of the subdivision and Land Development Regulations Oxftittee formed In 1979j and WHEREAS, the City of Denton has been extremely fortunate in having II enjoyed the dedicated and outstanding services of Curles Hopkins, and seek his continued support, which we know will be forthoomingj and NHBREAS, Curies Hopkins has always served above and beyond the rare efficient discharge of We duties in promoting the welfare and prosperity of the City, and has earned the full respect and admiration of his subordinates and follow Councilmembersj NOW, THERHro", as IT RESOLVEDh that the sincere and warm appreciation of Charles Hopkins, felt by the oltisana and staff of the City of Denton, be formally oonveyed to him in a perwanent Tanner by spreading Lbis Resolution upon the official Rinntes of the City of I Denton, and forwarding to his a true copy thereof) and BB XT PURTMER AESOLVEDh that the City of Denton does hereby officially And f sincerely attend its best wiahes to the Honorable Charles Hopkins for a long and successful career as a member of our c~arruhhity. PASSED AND APPROVBD this the 6th day of May, 1916, RAr STEPEEBS, MAYOR =F or DEM'11pN v 3 ATTEdth UDErm' =F 11305 Y crrr Or lIEI"Up MUS APPl01'ED AS 'h0 UMU MM, a ~N an of . "3ack /Sister" NNSARAS, on may 2, 2906, Denton Piro Chief jack gentry reslgnad, after serving as a fireman from 1917 to 2951 and as lire Chief for the city of sasnton since 10501 and WMLUAS, dusts! the past j9 years, Jack has represented our dty 1a the Internetloaal Association of Fire Chiefs, the National Pire * Protection Association, the State Pirsm o0s and Piss Marshal's Association) and W88R8AS, during his tenure with the Citu, Chief Gentry bas served as President of the Southwestern Dlvsloa of the International Association of Pit* Chiefs, of the rexaa Fire Miffs Association, of the North rexas riresenss and Piro Marshal's Association, and of the Denton County Piro Pightess Association) and WILD S, Chief gentry's dedication to his community Is evideooed by the above mentioned activities, as wall as his Charter membership 1n the Dreakfast Optimist Club and servlct as President of the Optimist Club, and the receipt of the silver /saver Award of the soy 5000t1 of Amerloal and wl<8R8AS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding 10rYio40 of Chief Jack Oentry and wish to recognise camel WN8RW, Jack gentry has always served above and beyond the efficient discharge of his duties in prorating the Wolfer* and prosperity of the City, and has earned the full respeat of his follow "WIo?lsss, colleagues and altisens of Dlntonl MONO MRSFORe, M Ir RAWLVNDr that the sincere and warm appreciation of Jack gantry felt by the citissns and officers of the City of Denton, be formally conveyed to his in a permanent manner by recording this Resolution upon the official minutee of the City axwoil of the City of Denton, rexas and forwarding to bin a true copy thereof as a token of our appreciation0 PASSED AND APPROV80 ale the 6th day of May, 1986. fur srpgmms, ahm ~t Mi, 1F' "R 1 ✓ y . 3 JOa ALPI "O x4rox MOM • 1a' Y/~y1 MARX R ~ GYNW J. N. RIDDLNSPRRM JANe NOPKINS J M R, ALR UWDBA LINNI8 NOWANS ASVZO r Afib/Mr C[!1' MWERS Maim' AMIA*W AS W MM U AM* :~,cs,^f. r-s.r.,. rt.,~,a ? 3 r, . -..^•'~'fie~.s-sY,`~., {fr ..+^r. City Council Minutes February 4, 1916 The Council convened into the work session at 5:00 p.m. in the Civil Defense Room. PRESENT: Mayor Stewart; Mayor Pro Tea Hopkins; Council Members Alford, Chewr McAdams, Riddlesperger and Stephens Acting City Manager, City Attorney and City Secretary ABSENT: None 1. The Council reviewed proposed revisions to the ordinance establishing single member districts. Joe Morris, Assistant City Attorney, reported that Denton County had completed redistricting of the election precincts, one precinct had been split into two separate precincts; however, both of the County precincts were wholly located within one of the city's single member districts. The 1985 annexations had Caused a slight change in the population numbers per district. An error had also been found in that census tract 202 should be locatea in precinct D2 and not D4. Corrections had been made and none of the single member district lines had been changed. The new districts took into account the past year's annexations and the increases in population, 2. The Council received the presentation of the amended draft of the "Selectior, Procedures Manual' for filling Council appointed positions, Betty McKean, Assistant City Manager, reported that the amended draft of the manual had been distributed to the Council Members with their agenda materials and asked for further input, Council Member McAdams stated that she would like to see several "housekeeping" items added; i.e., who called who, when did the Council meet, when were the selections placed on the Council agenda, Acting City Manager Rick Svehla asked if Council Member McAdams meant after a candidate had been chosen. Council Member McAdams stated she had ir. mind when the number of candidates for a Council appointed position was down to two. She would like to see something added to the manual which would specify who would be responsible for keeping the Council Informed of the status of the selection process. She felt there needed to be guidelines of when to announce the selection to the press, etc. Mayor Pro Tem Hopkins suggested that a flow chart of the sequence of events might be helpful. 3. The Council convened into the executive Session to discuss legal matters, real estate, personnel and board appointments. No official action was taken. The Council then convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stewartr Mayor Pro Tem Hopkins; Council Members Alford, Chew, McAdams, Riddlesperger and Stephens Acting City Manager, City Attorney, and City Secretary ASSENT: None 1. Consent Agenda McAdams motion, Chew second to approve ttis consent Agenda as presented, City of Denton City Council Minutes Meeting of Pebruuy 4, 1986 Page Two Consent Agendas A. Bids and Purchase Orders; 1. Bid 4 9550 - Water Treatment Plant upgrade 2. Purchase Order t 70948 to WESCO in the amount of $32,660.00 3. Purchase Order 1 71905 to Rone engineers in the amount of $15,000.00 4. Purchase Order k 71945 to DARR Equipment in the amount of $20,000.00 2. Public Hearings A. The Council held a public hearing on the petition of Jim Neale, representing Seventh Street Development, requesting a change in zoning from the two family (2-B) classification to the planned development (PD) district on a 0.47 acre tract located at the southeast corner of Carroll Boulevard and maple street. The property was further described as a tract in the William Loving Survey, Abstract 759. If the request was approved, an office development would be permitted at this location z-1784. The Meyor opened the public hearing, Mr, Jerry Gage, representing Jim Neale and the seventh Street Development Company, spoke in favor stating that, in considering this tract for office zoning, his clients felt that the building to be placed on the site would be an advantage to the neighborhood and would upgrade the area considerab:y. Some of the property on Pacific Street was in a declining state. There would be access off of Maple Street and Pacific Street and adequate parking spaces would be provided. All of the buildings would be in accordance with the City building code. The site plan wau also in compliance with ordinances for office toning. His cliont would like to place a building on the site which would be compatible with and improve the residential neighborhood. Mr. Phillip Ruffu, 416 Maple S,~reet, spoke in opposition stating that he was representing his family, Ora Lee Pascal, Jeff Kruger, and the estate of George Smith (Mr. Ruffu was one of the heirs.) A portion of his opposition was based on the general attitude of trying to reestablish and redevelop older neighborhoods. The older neighborhoods offered more affordable housing to young couples and older citizens. He had invested quite a sum of money and time in remodeling and rehabilitating his home and intended to stay there for a long time, There was a trend to rehabilitate homes in this area and felt it important to try to reclaim the neighborhood for single family dwellings. He did not feel this development would enhance the property values. The petitioner had stated that the non-resident property owners wero in favor of the rezoning] however, he did not believe that this was the case, All of the homeowners in the area which he had contacted were opposed. The City had developed guidelines for future development. Carroll Boulevard was designed to move traffic and the City policy had been to discourage commercial uses along that corridor, Council Member Stephens asked if Mr. Ruffu had received a notice of the petition. Mr. Ruffu responded yea, Council Member Ste}:sens asked if Ar, Ruffu had chosen not to complete the reply form. Mr. Ruffu responded yesr he felt confident the City Council would protect his interest. City of Denton City Council Minutes Meeting of February 6, 1986 Page Three Mayor Stewart allowed Mr, Gage five minutes for ranuttal. Mr. Gage stated that he had contacted one of the Smith heirs and they had been in favor of the rezoning, A listing of the addresses of those persons he had contacted And who were in favor of the petition had been included in the materials. This development would not impact the residential street traffic. Persons coming into the office building would comm down Carroll co Pacific and then into the parking lot, The neighborhood had seen some refurbishment] however, this would be a quality development and would not detract from the homes, A number of the houses were rented and some were owner occupied. Access on Pacific and Maple Streets would be improved. A new fire hydrant in the development would add to the fire protection capability, The petitioner felt this would be an improvement to the neighborhood. Mayor Stewart asked if the peopie who had been contacted by Mr, Gage lived in the neighborhood or were they absentee owners. Gage responded both. Mayor Stewart asked if most of the people that had been talked to were renters or absentee owners. Gage responded yea. Mayor Stewart asked if the developer planned any curb cute on Carroll Boulevard. Cage responded no, Council Member Riddlesperger asked if the developer intended to widen Pacific Street, Gage responded yes. The Mayor closed the public hearing, Denise Spivey, Urban Planner, reported that 18 reply forme had been mailed with 3 returned in favor and 2 returned .n opposition. Onu reply form in opposition had been received from a citizdn who had purchased property in the area but was not on the tax rolls. Three requests for office zoning on Carroll Boulevard had been received. This request had some features and issues which conflicted with the Denton Development Guide policy regarding the preservation of older neighborhoods. Staff felt these requests threatened the stability of the older neighborhoods and could be an en-"roachment which would open the door for other types of commercial uses. Three property owners had approach staff and expressed their opposition as they had invesued money to remodel their homes and were planned on living there. Some of the homes in the area were not in good repair and were less expensive homes. Young couples and older people needed this type of accordable housing. The proporal would call for curb cute on Pacific and Maples however, both of these streets were not suitable for any use other than residential. Water lines currently did not have the capacity for adequate fire protection for Commercial usage, Regarding the site plan, there would have to be an additional 25 feet of right-of-way for Pacific, which would eliminate approximately 5 parking spaces. The curb cut on Maple should be at least 50 feet from Carroll and Maple. The site plan showed the curb cut to be only 40 feet from Carroll, Staff had recommended denial to the Planning and Zon£nq Commission and the PiZ had mad(, no recommen- dation on the Council, on the petition. Council Member Riddlesperger asked if anyone would build a residence on this lot in the neighborhood. Spivey responded that this could be donel them ~,as sufficieot fire protection for residential uses. city of Denton city Council Minutes Meeting of February 41 1986 Page Four Council Member Stephens asked who would be responsible for extending the water line. , Spivey responded tho developer. Council Member Stephens asked would the city share to this expense. Spivey responded that there was a possibility of oversizing if it was determined to be necessary to serve -cihsr areas, Mayor Pro Tem Hopkins asked if these wero old lines which would need to be replaced, Spivey responded that there currently was a 6 inch water line. The Subdivision Rules and Regulations required 1500 gallons per minute flow be provided for fire protection in commercial and office use areas. Mayor Pro Tem Hopkins asked if the water line would have to be replaced. David Ham, Assistant Director of Utilities, reported that the lines were not old but would have to be replaced with larger lines to accommodate the required fire flow, Council Member McAdams stated that she appreciated the desire of the developer) however, the Denton Development Guide did have concern for older neighborhoods. Many people could not find affordable dousing and if the trend to destroy older homes continued, more apartment complex would be required. Even if the design were very attractive, she doubted that anyone who lived there would want an office building in Southridge or Montecito. She felt this was an intrusion into the neighborhood which suggested to banks and lending institutions that the neighborhood was not stable. This, in turn, discouraged any new residential construction or purchases. McAdams motion, Chew second to deny the petition, Motion to deny carried 6 to 1 with Council Member Stephens casting the "nay• vote, B. The Council held a public hearing on the request of Richard Compton, R. J. Button, Charles tiff and the City of Denton for annexation of approximately 614.6 acres being part of the E, Pickett Survey, Abstract 1018, the N. Britton Survey, Abstract 51, the J. Rogers Survey, Abstract 1084, the J. Rogers Survey, Abstract 1085, and the B, Rogers Survey, Abstract 1101, also beginning north of Old Alton Estates, south of Ryan Road, west of FM 2181, and east of the G.C. and S.F. Railroad P-30. The Mayor le". the meeting as he owned property in the proposed parcel. The Mayor Pro Tem opened the public hearing. David Ellison, Senior planner, spoke in favor reporting that an adjustment had been made to the map of the proposed annexation area. When this parcel was first brought before the Council, it was quite a large area going to FM 1830. During the process of preparing the field notes, there was a problem in securing proper deed records. The individuals responsible for preparing the field notes cut down on the proposed area due to the urgency in terms of the voluntary annexation portions. Staff was now recommending a smaller tract for action. The remaining portion which had been previous discussed would be postponed until development trends in the area could be determined, fourteen reply forms had bean mailed with three returned in favor. Mr. Calvert, who had previously been opposed, was not included the new proposed annexation area. Staff felt that development interest on the property located primarily along the south side of Hickory Creek Road were the spearhead for this annexation proposal. Acme Brick owned an 80 acre site which was WA7 4 City of Denton city council Minutes Meeting of February 4, 1966 Page Five sandwiched between the existing City limit line and Mr. Compton's tract. it had been reported that AcxAo Brick possibly had soma intentions of intensifying or teginning some type of mining or excavation work. With proposed residential land uses being considered in the area, Mr. Compton and others who were part of this petition were concerned about the plans of Acme Brick, Staff had not investigated this issuel however, having the Acme Brick land located in between some area which may be annexed and land th!t would be out of the City limits was enough reason to include this property in the parcel. Service plans for newly annexed territory was available for review. There were two businesses along Ryan Roadj one was a recreational vehicle/junked car storage area which was included in the voluntary portion of this request. Staff felt this was a cause for additional concern. Staff had investigated the bridge which had previously been reported as being included in the annexation. With this change as iroposed by staff, the bridge would be excluded completely. A future annexation to the north of this area would result in taking in part of the bridge and possibly all of it. This annexation would take in the north and south halves of Ryan Road beginning at the intersection of PM 2181 at Ryan Road and continuing west for approximately 1,000 feet and west for approximately an additional 1,050 feet. Beginning at the Hickory Creek Road and FM 2181 due west for approximately 2,300 feet, the City would be annexing the north half of the road. Continuing from this point for approximately 2,630 feet, the City would be annexing both halves of Hickory Creek Road, if continued from another 430 feet! the City would be annexing the south half. Staff felt that the development inquiries justified annexation of the area shown on the map as proposed. This area should be watched for a year or so before considering any further annexation, Mayor Pro Tem Hopkins asked if there was Any development occuring at the present time. Ellison responded no) the Dunton Manor Subdivision did some rough cutting of roads but have not continued with development. The areas which had been the location of development inquiries were at the annexation and zoning petition stages. Mr. R, J. Button, representing himself and Mr. Zipp, spoke in favor stating that he and Mr. Zipp were owners and were in favor of the annexation. Mr, Brian rke, Burke Engineering, spoke in favor stating that his company was involved with comprehensive planning on 300 acres of the proposed annexation. They were trying to work with 2, possibly 3, property owners and the City to obtain complimentary land uses which would be acceptable to the city. A preliminary plat as well as a zoning change exhibit on Mr, Compton's property and were to submit a similar set of exhibits for 217 acres on the south side of Hickory Creek Road, Things were working well but they did have rome concerns regarding surrounding land uses, They would request that the annexation proceed as presented at this meeting. Mr. Jeffrey Bodley, representing Acme Brick, stated that he did not know if his firm was in favor or opposition. Acme Brick was in favor of growth in Denton as long as it respected all the legitimate interests of the parties involved, Acme owned an 80 acre tract north of Hickory Creek Road and had owned the property since 1963. This land was purchased as a clay reserve to support operations at the Denton plant. The mine was an integral part of the life of the Denton plant and was required to support the current operations. Brick making clay was a limited commodity found in nature and Acme had investigated many properties prior to the purchase of this tract. The mine was currently in use and Acme would appreciate the consideration of the Council in this regard, Any action by the Council should take into account that Acme's use of this property was heavy industrial in nature and further recognize that they would 7 F17 City of Denton city Council Minutes Meeting of February 40 1986 Page six continue to use Hickory Creek load to soya the clay to FM 2181 and then to the plant. The concern was that any plans which would result from the annexation would allow Acme to continue their operation in harmony with the other uses. The comments at this public hearing lead him to believe that the proposed uses would be heavily residential. council member Stephens asked how much of the tract was currently being mined. Bodley responded approximately 25 acres but eventually all of the tract would be mined. Mr. Cary Madragil spoke in favor stating that he hoped the new developmen:•, would include single family and large lots. Council Member Riddlesperger asked if the proposed south loop would be approximately at Hickory Creek Road. Ellison responded yea. No one spoke in opposition. The Mayor Ito Tom closed the public hearing. Council Member Stephens asked the City Attorney f0c a statement on the law regarding continuation of existing land uars, Debra Drayovitch, City Attorney, reported that the law has been Sn the past that when property was annexed with a use in place, that use became a non-conforming use and it was difficult to alleviate that use. Council Member Stephens asked if Acme Brick could continue to use the property. Drayovitch responded yea; however, any alterations, additions or Changes in use would be subsequent to the zoning and building code regulations of the City if they occurred after the annexation, McAdams motion, Chew second to continue the annexation proceedings. Motion carried unanimously, Mayor Stewart joined the meeting. C. The Council held a public hearing on amending the four single member districts for city council pos W ons. Debra Drayovitch, City Attorney, reported that notice of the public hearing had been published in the newApaper, The hearing had been called as a result of the County Commiaptoner's making changes in the precincts, as allowed by law. Some changes had been discovered by staff in the notice as published. Joe Morris, Assistant City Attorney, reported that the public notice contained one error concerning the number of persons listed for District 4. The error entailed 14 persons who should be listed in District 2. The proposed ordinance was correct, There were no other major changes in population distributions as to the percentage of racial or language minorities throughout the districts. No district lines nad been changes other than to take into account the annexations for 1985. The Mayor opened the public hearing. No one spoke in favor, No one spoke in opposition. The Mayor closed the public hearing. i City of DQtstOA City Council Minutes Meeting of Pobruary 4, 2486 rage seven Agenda item 4.F. was moved ahead in the agenda order, The following ordinance was presented) NO. 86-29 AN ORDINANCE CREATING AND DESCRIBING FOUR SINGLE MEMBER ELECTION DISTRICTS IN THE CITY OF DENTON, TEXASI DETERMIt'"NG THE POPULATION OF THE CITY OF DENT0%1 AND OF EACH SID LE MEMBER DISTRICTI AND PROVIDING TIJAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER THE DATE OF PASSAGE OF THIS ORDINANCE, Stephens motion, Chew second to adopt the ordinance, On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford 'aye,` Riddlesperger "aye," Chew "aye," and Mayor Stewart `aye," Motion carried unanimously. 3. The Council considered approval of z-1779, Lakeview planned development, Mayor Stewart stated that this was not a public hearing and the Council was not required to listen to either pros or cons. A written request had been received from Mr, Judd Holt who wished to speak. The Council had agreed to let Mr. Holt speak for 3 minutes and to allow 3 minutes for rebuttal, if any. Mr. Judd Holt stated that the main question was one of density. If there was no control of growth, Denton would become just another bedroom community with no separate identity, The key tv the quality of growth in Denton was tensity, open space and the amount of room, Each Cou:~cil member had an opportunity to apply a vision for the City's future, an opportunity Lo determine `he future of Denton. This was a very important decision. He felt the residents of Denton should envision an area which they would be glad to take out of tcwn visitors to see) a section of town which had pleasant streets an.l native trees. Denton was a diverse area! there was a need for duplexes, apartments, varying sizes of lots, There should possibly be attractive high rises, Residents would want to show visitors that the new section of Denton was an extension of the old section a1,d included not only the smaller lots of SF-7 and ^F-10 but also SF-12 and SF-16. Not everyone who wanted a larger lot s6uld have to move outside the city limits of Denton. Residents would want visitors to see neighborhood parks, not just pack areas along the lakes, Also there should be several elementary schools and junior high schools for the new area as well as police and fire substations as well as recreational and athletic facilities. Residents would also want to be able to tell visitors that this area was not subsidized by the rest of Denton, The rest of Denton was able to improve the existirl roads, existing parks, build more recreational centers and improve its schools because it had not been eaddled with a tremendous economic burden btc,ught about by Lakeview. If he were a developer trying to sell this plan, he would down play the fact of absentee devo lopers and the uncertainty of the quality of the buildings to be constructed in the area. He would talk of orderly development and tell the Council that this would be a method of accomplishing that goal, He would not tell the Council that orderly development could be achieved by more parks, more school land more lands for police, fire, libraries and wide, streets, He would not tell the Council that there could be more orderly development with more single family housing than multi-family housing. He would refer to the people who opposed the develo?ment as proponents of no-growth and make it a growth versus no-growth issue, Personally, he enjoyed the growth which Denton was experiencing, but he also wanted people living in the city who intended to remain in Denton, If he were the developer, he would talk to the Council about the jobs which would be created by Lakeview and would not mention that most of those employed would, in all likelihood, come from the Lakeview Area, He also would not mention that most this area would ~ ~II J City of Denton City Council Minutes Meeting of February 4, 1986 ?age light become an area of transients and not an area where people would come to stay. One of MurpFy's laws stated 'whatever they say it's going to cost, it will cost a whole lot more." He would add also, They are not going to pay for it - you and I are." If he was the developer, it would be sure that the debate revolved around cost benefits, He had read several things about the cost benefits but was confused. He did not think anyone in Denton would be opposed if there were more lots added - more single family homes. He would not be opposed to a plan which dedicated 60 to 70 acres of park land as long as it did not include the Corps of Engineer property. He would not oppose a plan which gave adequate land for community centers, Including recreational centers and libraries and land which could be used for fire and police substations, He would not be opposed to a plan which gave land for a new high school, a junior high school and a sufficient number of elementary schools, He would not be opposed to + plan which presented an environmental impact study and which 410 not exceed the present density levels. If the developer was see „ugly interested in the City of Denton and was developing this property, he would most with the citirens and the Council and prepare a plan which everyone could be proud of. If, however, the developer was solely interested in the property for speculation purposes and quick profit, the Council would probably not hear from them again, There was no rebuttal. Council Member McAdams stated that she had thought about this development a lot, talked to people, looked at the statistics of what was proposed and what the City looked like now. She realized that the City would growl however, one of the important things to consider was what was it about Denton that the residents had come to know and love. A large part of this was the type of lifestyle which the Lesidencf could enjoy. She recognized that it was true that this was not perhaps as dense a development as some in different cities however, Denton had chosen to something a little different. Denton had chosen to have more space even if it cost more and had, by and large, agreed to pa for that, Residents talked aboi.t how much they enjoyed living in rr~Rnton, The current density was 4.8 units per acre and Lakeview was a development which would be at least 1/3 as large as the current City and with a density of 16 units per acre. This was considerably more than what the City had at this point. She did not feel this would provide the same quality of life which Dentonites had come to enjoy. She would like to Lakeview develop but she would like to see it develop with the same density as the rest of the City. A density of 5 units per acre on a balanced scale, with the exception of the high rise, would be acceptable. Council Member Stephens stated that at the meeting of January 17 Council had been told that the development would represent a $10,9 million loss and then on January 30, they had been told there would be a $276,000 gain. This was the same property with the same proposal and he did not understand the difference. He did not know what to believe and wanted an explanation from the staff. Acting City Manager Rick Svehla reported that there were two issues which staff did not feel had been appropriately presented at the January meeting, The first of these two were fines and fees. In the calculations, staff did not look at any fines and fees for any police activities or other fees which nLrmally occur within the city, Staff based the additional numLar on a total split (population for population) between what wa.v existing in the City now and the additional 200000 people which would be in Lakeview. If included, it represented approximately $1.6 million. The remainder of the alteration to the fines and fees was that portion which would be received from the County, at current levels, for the per capita cost of fire protection which Denton provided in the County. Staff felt certain that this would be at least $400,000 and probably more, A very conservative approach was taken as to population i,s ems,: ,.r-+. rs.v{rs' °T :M r •i as,- V , P City'of Denton City Council Minutes Meeting of February 4, 1986 Page Nine growth in the Lakeview project. The second change to the calculation was the in area of the Parke anti tecreation Department area or the capital improvements area. Ar, the January 17 meeting, staff discussed the information that the Cirector of the Parks and Recreation Department had provided to the Council outlining an additional $13,0 million in capital :mproilements to all of the parks. In a memorandum dated January 30f some of the changes were discussed which staff felt were appropriate. The first was $1,0 million which Mr, Brinkman had placed in the estimates for park land acquisition in lieu of the Corps of Engineer lend, The assumption was that there might be some problem in obtaining this land from the Corps. This had been researched and lease forms had been received from the Corps. Brinkman had reported that he knew of no circumstance where the Corps had refused to lease this type of land for park facilities. The other portion of the cost change came from the large parks which were going to be developed. Staff took the point of view that since these were large areas similar to the Nc,fkh Lakes area, that they would bA more coiranunity in nature. The costs were therefore split out with some of the cost to be borne by other subdivisions other than Lakeview. In terms of some of the other facilities such as a golf course, etc., staff's position was that they were be more municipal in nature and not solely for the Lakeview development. Appropriate reductions were made to the costs tied to Lakeview. The third reduction was in the area of sales tax. After review, an error had been found in the information presented to the Council on January 17 having to do with the way the growth occurred and what staff was assuming to be the amount being paid in. The actual amount of dollars per person generated by Lakeview had been revised. However, in the method of calculation based on the growth of Lakeview, it would make for an increase in sales tax. There were other areas which were reviewed and there were calculations which could be done in terms of construction. Assumptions could or could not be made on the cost of wages which woe'd affect the cost of construction. Staff did :lot feel comfortable with these and so they were omitted. Basically the three areas of change in the projected revenues and/or expenditures were the sales tax, fines and fees and the parka, Council Member Stephens stated that the City could not depend on U. S. Government 'and forever for and aoked how long could the public land be used and would there be park space. Another issue which had not be addressed in the pro forma was that the ad valorem taxes of 26,0 million was at build out in 15 years. What would be the taxes rom the first to the fifth year, etc. so that the City could be sure that the difference in the cost of police and fire, etc, did not have to be made u by the current residents until the end of the build out where the $276,000 per year gain would be realized. He was not opposed to the growth but rather wanted to be sure that it fit with the other proposals which had been presented for Denton for controlled, orderly growth, The Council wanted Lakeview or any other development to follow that .7amu general plan, He had reservations regarding the development and density was one of them. Was there any negotiation room on the donsityl He personally felt the density as proposed was wrong for Denton and coul.,' not support it, was there any middle ground wtiich could be reached. Council Member Riddlesperger stated that the figures showed the total revenues of the Lakeview development would be $36,1061501 and the expenditures would be $28 million plus the capital improvements of about $7 million more. This would leave a net gain of $276,885, Council Member McAdams stated that it was well to remember, as the Council discussed the economics of a situation, that one of the things which was known from history was that a strictly residential community had to have excessive taxes in order to pay for itself, There was not a community anywhere which would be searching for heavy industry if the industrial base was not needed to help provide taxes to support the residential areas. An ideal community would have beautiful houses, a few commercial areas and parks. The real i City of Denton city council Minutes Meeting of February 1986 page Ten issue was not one of whether or not this development would generate extra revenue for the Cicy but rather that an additional industrial base was needed to take care of the City's needs now and even more would be needed to take care of Lakeview, Even more importantly, it was difficult for her to reconcile 16 units per acre as being the same quality of life which was no,6 being enjoyed with less than 5 units per acre. Council Member Stephens asked for a definition of "cluster-detached" versus 'cluster-attached." Cecile Carson, Urban Planner, reported that the cluster question was a definition problem. The Lakeview proposal ragged from cluster housing being detached which could be zero lot line type housing or houses built on one property line with a 10 feet or sideyard setback before there was another house, Cluster housing could also include fourplexes or duplexes, attached type dwellings. It could also be as much as sixplexes, which were proposed in some areas in the City. Staff would point out that there were different designations which had been given to the cluster housing in these areas which had nothing to do with the number of units. The designation for attached or detached did not relate to the total number of units which were shown. It was possible that in some of the areas the total number of units which were proposed would not be developable because they were detached units, such as zero lot line or small lot size. In other areas there might be requests for additional density to balance this out. Council Member Stephens then stated that cluster attached dould then be a row house with common walls. Carson responded that the Council had previously approved an ordinance for a development on Teasley Lane and Hobson which included cluster type housing which was fourplexes to sixplexes, which would be six units in a row. Council Member Stephens ask,9 if the Planning and Community Development Department should dictate that as asterick should be placed by the clustor designation on planned developments spelling out specifics. Carson responded thbt the staff understood the problem and this was the reason for the comprehensive site plan on all planned developments no Council could see actual layouts and lot plans. Council Member Stephens stated that he felt that site planning and zoning should go together on developments, Mayor Stewart asked regarding the high rises, if the density were all on 1 or 2 floors, would this not be quite dense. For example, there was a 25 story high rise on the campua of Texas Woman's University with many apartments and a resulting high density, However, there was quite a lot of open space surrounding the builling. He understood that the high rises proposed for the Lakeview development would be 6 floors and they were also proposing to have areas around the structures which would be landscaped with recreational areas, Was this correct? Carson replied thae there was nothing on the site plant information had been presented in a conceptual nature which included these amenity packages, Mayor Stewart then asked if the staff was aware that this would be high rises and not 1 or 2 floor buildings. Carson responded that staff was aware of the difference between the 50 units per acre along the lake and the cluster housing which averaged to be approximately 12 units for acre. There was a distinction and staff was aware of the 109 acres which would be S'l V"7 City of Denton City council minutes meeting of lebruary 41 1906 Pago eleven something new and different for Denton with the high rise. However, staff also realized that there was a definite change in the overall density of the City if only the Cluster and multi-family was considered without the 109 acres of high rise. Mayor Stewart stated that his point was that there were already other areas in the City, such as TWt1, NTSU and Good Samaritan village, which had these types of high time buildings. Another was under construction at Westgate Hospital, Carson responded that information had been provided to the Council on the two high rise building at North Texas. There was some difficulty in comparing these to Lakeview because in some ways, they were very different. OnA would be residential uses for private citizens while the other would be for either students or institutional type uses, There were, however, some comparable uses in the Cit] as for as the high rise was concerned. Mayor Pro Tem Hopkins stated that in other planned development units, for example the Loop 288 corridor, Council would be looking at approximately the same number of units per acre at ultimate build out as Lakeview. Carson responded that the planned developments along the Loop which had been approved ranged from a maximum density of 25 unite per acre. For the remaining property, planned development which hctd not had comprehensive site plans approved, the City had used an overall average of 19,78 units per acre for multi-family in order to figure out the total number of units along the property. There were some developments in the City which averaged as many as 40 units per acres there were smaller complexes which ranged from 8 to 10 units per acre for multi-family. There was quite a lot of diversity in Denton as far as multifamily units were concerned. Mayor Pro Tem Hopkins stated that the point was that at ultimate build out, Loop 288 would have basically the same density as Lakeview. Carson replied that there was a possibility that the total number of units would be the same. Council Member McAdams stated the problem was that this entire 700 acres would be an dense as Loop 288 and the universities. It was one thing to have a particular area this dense. She did not have an objection to a 7 story high rise but when the total area then came to he as dense as this, it was considerably different from the current lifestyle in Denton. 11uyor Pro Tem Hopkins stated that if the council looked at the density as it existed in the past when the Denton Development Guide was developed, the density in Denton was not 4,7 units per acre but rather 6,2, The density was projected at that time to get into the upper reaches of 6.5 to 6.7 units per acre as the City began to grow. This particular development would still leave the total density for the City at approximately 6.0 units per acre, There were several things which should be studied. This was a very difficult decision to make. All of the Council Members had experienced concerns regarding the density and realized that the economics of the projoct was not something which they could look at. Many years ago when the lake was at its normal level, this area was very viable place. He had seen this area go downhill and was now basically a swamp and a alum and was not improving. However, it could be the greatest asset that Denton had. The Council needed to take a good look at developing an asset such as this lake. It had been stated that the high rise proposal was lunacy# however, he would venture to say that it would be the first area to fill up. To him, this was an opportunity to redevelop the lake. Whether 1 Lakeview developed or not'., the City needed a coed to connect Highway 360 and interstate 35. This had been discussed during strategic v--sag ,g.~ 4.-.>_ ~;t.~- a r ~ r- 1 ,a t a. t- city of Denton city Council minutes Meeting of February 4, 1986 page Twelve planning session. The alternative to a large development such as Lakeview would be developing a hodge podge over many years of 40 t. 50 acres at a time and trying to get 120 feet of right-of-way. Fifteen years from now, the city would still be trying to get 120 feet of right-of-way. At the time the connecting road would need to be built, the citizens of Denton would be faced with the responsibility of having to buy the remainding right-of-way and constructing the street. Multi-deVelopmants would increase the city's problems, as he saw it, The street would cost 09.75 million at today's costs and there was no telling what the cost would be in 15 years, One of the greatest things about development along the lake was the opportunity to improve the Pecan Creek area. Brinkman had mentioned building bicycle trails, a golf course, and other facilities as the City extended out in this direction. The City would need the school sites which Lakeview had offered and probably some more. He also felt that the industrial base would be needed to support the development and felt there would be enough people, business and industry and jobs created to more than offer the City those things of which they could be proud. He did not view this development as a nightmare but rather as an opportunity. He wished that the council could take as comprehensive a look at all develop- ments as they had Lakeview. He had looked at this proposal from the viewpoint of staff, the developer, the new residents of the development and the people now living in Denton, Not everyone would afford to live on a 160000 square feet lot at $350000 to $48,000 per lot as they were now. High rise, high density structures were talked about extensively in the Denton Development Guide, The Guide stated that these buildings would be needed around all of the major nodes, There were 3 major nodes when the Development Guide was initially done; the document was already outdated and was in process of being revised. He could already see 3 more major nodes which would be necessary in Denton in tna next 10 years, Council had access to information which gave them the opportunity to envision where the Intensity and development was going to occur. Around these major nodes, the intention was to develop parity ur to deintensify as you moved away from these nodes. Lakeview was not right in town and would not affect any development in the City c.,f Denton. As he saw it, this proposal met the Denton Development Guide. Council member McAdams stated that it was hard to say that the proposal met the guidelines when it was over on every criteria. Regarding to the existing density when the Guide was developed, the people on the committee were concerned about the excess density and the Guide recommendation was t,o keep the density lower, not to make it go higher, The overall ,tensity of this proposal would be 16 units per acre, did not follow the Denton Development Guide, and which was much greater than any other development which had been done before. Council Member Chew stated that the Council had listened, evaluated, and study session and work sessions on :his issue, Denton was going to grow and the Council needed to look at the pluses and minus of this particular development. When it was first brought before the City council, he was bitterly opposed to it, over the past, few weeks, Council had studied the issues, staff had brought in recommendations and many discussions had been held, The Counrll could debate this proposal all night. Chew motion, Hopkins second to approve 2-1779 with the staff recommendations. Council Member Stephens stated that one plan for a piece of property of this size was a good idea. No one had suggested other than 120 feet of right-of-way. Also discussed had been a 4 or a 6 lane street, contingent upon its number of residents during the build out period. The conclusf.on was that this vote would determine the future of Denton from a density point of View. He personally felt this was too concentrated and could be adjusted. He liked the idea City of Denton City Council minutes meeting of February 4, 1986 Page Thirteen of Lakeview from the standpoint of one group to work on develop- ment. Too concentrated or not seemed to he the issue - not growth. He felt this was too concentrated, Council Member McAdams added that the staff recommendation was in opposition to the proposal, not in favor. Council Member Riddlesperger stated that he had looked at the material and had traveled out to the lake and driven up and down every street out there. There were some concentrations in place now .worse than this. The Council had struggled and had had to come to some type of conclusion. Council Member Alford stated that each of the Members had gone through a period of back and forth in their minds on this issue, Interesting input had been received from citizens. Thanks should also be given to the Denton Record Chronicle for inioL.,a.tion which they had provided. Thio issue had been confusing but the pluses and minus had to be weighed. Mayor Pro TOM Hopkins thanked the developer for his congeniality and patience while this proposal had been delayed, Council Member McAdams stated that this was not an either/or issue, The Council could approve the proposal for Lakeview but with reduced density. Mayor Stewart stated that this would be a first time in the history of Denton that a planned development of this size had been proposed which addressed the issues of streets, parks, school sites and a diversity of housing types and densities. As a planned development, it could be carefully monitored. The street which was proposed would cost approximately 10. Fifteen or twenty years from now, it could cost as much as $4 to $50 million to build. The developer was offering three sites. The last two school sites which the Denton Independent School District obtained, they had paid for at a coat of $3000000 to $400,000. The developer was offering three school sites for free. There were park areas offered which could provide a path from the center of Denton up to the end of Lake Lewisville. If a multitude of groups developed this area, the City would not get the 120 feet of right-of-way which would be required in the future. He had driven this area and it was a mesa. It could only gat better for it could not got worse, The area was being used as a dumpground. If developed as a planned development, it would be much better foe Denton, The entire Council had worked on this issue and studied it very carefully. Council Member Chew stated that economics and the marketplace would have a lot to do with this development. Motion to approve z-1779 carried 5 to 2 with Council Members McAdams and Stephens casting the "nay" votes. 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was Fraaentad: NO. 86-26 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. Chew motion, Stephens second to adopt the ordinance. C,'1 roll call vote, McAdams "aye," Hopkins "aye," Stephens 'aye," Alford 'aye,' Riddlesperger 'aye," Chew "aye,' and Mayor Stewart 'aye." Motion carried unanimously. i P i city of Denton city Council Minutes Meeting of February 4, 1986 Page Fourteen B, The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 86-27 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Hopkins second to adopt the ordinance. On roll call vo*_a, McAdams "aye," Hopkins `aye," Stephens 'aye," Alford "aye,' Riddlesperger "aye,' Chew 'aye,' and Mayor Stewart 'aye." Motion carried unanimously. C, The Council considered adoption of an orainance a proving a contract providing for the purchase of real property by the City of Denton, Texas as described herein. The following ordinance was presented: NO. 86-28 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREINI AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE, Chew motion, Stephens second to adopt the ordinance, On roll call vote, McAdams "aye," Hopkins "aye." Stephens "aye,' Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart 'aye," Motion carried unanimously. D, The Council considered adoption o` an ordinance setting a date, time and place for public hearings concerning the request of Teasley Road Associates and the City of Denton for proposed annexation of approximately 125.25 acres beginning at Kings Road and proposed Loop 288, south of Oak Bend Estates, and south of Silverdome Road A-33, David Ellison, Senior Planner, reported that staff was recommending the first public hewing be held on February 18 and the second public hearing on March 4, Approximtely 14.5 acres of the annexation parcel would be involuntary. The following ordinance was presented: N0. 86-29 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. ChEw motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams 'aye," Hopkins "aye," Stephens "aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the use of compensatory time under. certain conditions for public safety employees governed by Article 1269m, V,T,C,S „ as amended. 01 A I 9 fir. s City of Denton City council minutes Meeting of February 1, 1986 Page Fifteen The following ordinance was presented: NO. 86-30 AN ORDINANCE AUTHOKIZING THE UBE OF CCWPENSATORY TIME UNDER CERTAIN CONDITIONS FOR EMPLOYERS GOVERNED BY ARTICLE 1269m, V.T.C.S., AS AMENDED) PROVIDING AN EFFECTIVE DATE. Chew motion, Hopkins second to adopt the ordinance, On roll call vote McAdams "aye," Hopkins 'stye," Stephens "aye Alford Rldd~esperger 'aye," Chew "aye, and Mayor Steward "aye. M0ibn carried unanimously, Item 4.r,, an ordinance amending the four single member districts for City Council posltion, was approved earlier in the agenda, Council Member McAdams left the meeting. G, The council considered adoption of an ordinance calling and ordering an election to be held on April 5, 1986, for the purpose of electing a mayor to Place 7 and council Members to Places 41 5 and 6. The following ordinance was presented: NO. 86-31 AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IIJ THE CITY OF DENTON, TEXAS, ON APRIL 5, 1986, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO PLACES 50 6, AND 1) CALLING AND ORDERING A SPECIAL ELECTION FOR FILLING A VACANCY IN PLACE 41 ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID ELECTION) DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS AND PROVIDING FOR ELECTION SUPPLIES. Council Member McAdams joined the meeting, Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye,' Stephens "aye," Alford "aye,' Riddlesperger, 'ayes" Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance abandoning and vacating a certain utility easement, The following ordinance was presented: NO. 66-32 AN ORDINANCE OF THE CITY OF JENTON, TEXAS, ABANDONING AND VACATING A CERTAIN UTILITY EASEMENT AS DESCR14ED HEREIN) AND DECLARING AN EFFECTIVE DATE, McAdams motion, Chew second to adopt the ordinance. David Ham, Assistant Director of Utilities, reported that this easement was in back of a single family dwelling, Utilities had been located furtlier to the north and this easement was no lonqer needed. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye,' Alford "aye," dlddlesperger "aye,' Chew "aye," and Mayor Stewart 'aye," Motion carried unanimously, 5. The Council considered approval of a program for "take home" of Police vehicles. a, `mom ~ : ~ • , . a„ City of Denton city Council Minutes Meeting of Fooruary 4, 1986 Page Sixteen Acting city Manager Rick Svehla reported that, if the concept weie approved, it would allow the City to lease more Police oars rather than having to purchase as many, It would allow the offic,,rs to take the vehicles home and use them for personrl use within the City. The concerns regarding FLSA and I;W h.id been addressed. Mayor Stewart stated that approximately 7 years ago, the City had done just the opposite. At that time it had been discovered that the Police vehicles were being used by wives as well as officers and were showing up in other cities. This had created an expense for the gasoline. Hugh Lynch, Chief of Police, reported that a Police officer was an offices 24 hours per do and could respond at all times. Staff felt that this program wouild reduce maintenance coats as this could be dccomplishi~d while the officer was off-duty and not tie the car up during peak times. It would also increase the patrol capability on the streets. Council Member Stephens asked how the use would be regulated - would the officers only use the vehicles when they were in uniform? Lynch responded nor the officers would take the vehicles to the mall, etc, and would in fact, be another pet of eyes on the street, Svehla reported that the agenda hack-up material gave guidelines regarding appropriate dress, where the cars could be uaed (Denton only), that the officer only could drive the vehicles, etc. Mayor Pro Tem Hopkins asked what would be the penalty for abuses of the program. Lynch reported that the, vehicle would be taken from the officer. Full criteria for the program would be adopted in writing. The vehicles would be leased for a 12 month period and staff would assess the program at the conclusion of the lease, Chew motion, Riddlesperger second to approve the program. Motion carried unanimously. 6. The Council considered selection and approval of four members of the City Council to serve on the Land Use Planning Comnittee. Mayor Pro Tem Hopkins suggested that the three members who would be remaining on the City Council after the April 5 election be selected and the fourth member be Council Member McAdams or her successor, 3opkins motion, McAdams second that Council Members Alford, Riddlesperger, Chew and McAdams or her successor be approved for the Lane Uqe Planning ,,ommittee, motion carried unanimously, 7. There was no official action on Executivo Session items of legal matters, real estate, personnel or board appointments. 8. The following items of New Busineps were recommended by Council Members for future agendas. Council Member Stephens asked !or a discussion by staff and the Council regarding an ordinance to require a site plan when a planned development zoning change was approved - one contingent upon the other. Council. Member Riddlesperger asked for staff to prepare a no-smoking ordinance for consideration. Council Member McAdams requested staff to explores the possibility of also allowing pet registration at City Hall. . 'i4-TM~,,~"•'ti3 ar ,a:3;Ty'a`ti' zv i . city of Denton city council minutes Meeting of February 4, 1966 Pegs Seventeen The Council then considered the emergency agenda addendum item. , 1. The Council consider approval of a resolution expressing 0 osition to the deferral of five hundred miilioi> dollars ( 00,000,00) from the fiscal year 1986 appropriation of three billion one hundred twenty four million eight hundred thousand dollars ($3,124,800000) for the Community Development Block Grant Program and urging Congreoa to overturn this deferral. The following resolution was presented: R E S O L -V T I O N WHEREAS, the City Council cF the Citt of Dentpn, Texas, supports the Community Development Block Grant Pogrami and WHEREAS, the City of Denton, Texas, is presently a recipient of Entitlbment Community Development Block Grant funding and has utilized such funding for the benefit of citizens of Denton for a number of yearsi NOW, THEREFORE, BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION T. That the City Council ht the City of Denton wishes to express its opposition to the deferral of Five Hundred Million Dollars ($500,000,000) from the fiscal year 1986 appropriation of Three Billion one Hundred Twenty-four Million Eight Hundred Thousand Dollars ($3,124,800,000) for the Community Development Block Grant Program and urges Congress to overturn this deferral, SECTION 11. The City Secretary is hereby directed to send a copy of this resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congresa, to the secretary of Labor, and to each member of the Texas delegation to tie Congress, with the request that it be entered in the Congressional Record as a memorial to the Congress of the United States of America. SECTION III, That this resolution shall be eftective immediately upon its passage and approval, PASSED AND APPROVED this 4th day of February, 1986, R D E , CITY OF DENTON, TEXAS ATTEST: C HR L TTE ALLEN, CITY NECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Stephens second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins 'aye," Stephens "aye," Alford 'aye,' Riddlesperger 'aye," Chew •aye," and Mayor Stewart "nay," Motion carried 6 to 1 with Mayor Stewart casting the "nay" vote, City of Denton City council minutes Meetinq of February 4, 1986 Page A ghteen 9, The council reconvened into the Executive Session 'to discuss legal matters, real *a to. personnel and board appointments, No official action was taken. with no further items of business, the meeting was adjourned. RI ARD 0. STEWART, MAYO CHARLOTTE ALLEN, CITY SECRETARY 1719y i ~ • rii"T~i~.tt,WT:.'-fix. .bT% h . ~ i r city coa cV. Minutes February 18, 1966 The Council convened into t4* work session at 5:30 p.m. in the Civil Defense Room, 4 PRESENTt Mayor Pro Tern Hopkinas Council Members Alford, Chew, McAdams, Riddlesperger and Stephens Acting City Manager, City Attorney and City Secretary ABSENTt Mayor Stewart was in Dallas attending a reception 1. The council received a presentation by the Economic Devel- opment Study Committee. Mr, Jack Miller, Chairperson of the chamber of Commerce Economic Development reported that this committee's purpose was to help attract new industry to Denton in an effort to increase the tax base. The video tape and Fal;t Book were excellent tools. The goal of the committee was to work with the City and other organizations to encourage the appropriate type of economic growths however, the number of prospects was dwindling, The Sun belt jobs and opportunities were reduced and there had been a change in jobs between the sun Belt and the Rust Belt. It was time to step back and study the situation and to plan how Denton could get its share of the kinds of jobs which were wanted in our community, A report had been prepared by Mr, Jerry Cott and the committee was now out talking with organizations and receiving input, Mr. Chuck Carpenter, representing the Chamber -)f Commerce, reported that input was now being requested from the city council. Council Member Alford stated that he believed the program had received the point when they had wanted to be two years ago. It was good to have people who were willing to 'sell' the City who did not work for the City. Mr. Miller stated that a look should be taken at cooperation between the Chamber of Commerce, the City, the County and the universities. There will be companies who will relocate and the committee would talk to them. The projection was that there would be fear and fewer basic industrial prospects due to technological advances. Service industries, such as telephone related businesses, etc., would take their place, The economic development thrust might need to shift gears. Mr, Jerry Cttu stated that the growth in Denton may h,.ve lulled the business community into complacency. What should be studied was how to keep the city where it was and not to double the growth. The three largest employers in the City depended on state funds and any shift in those bud eta could 'hurt Denton, It should be defined what the City had to attract employers to Denton. It was dangerous to depend on one employer. The committee would like to have 6 months and then come back to the Council say this is who we are and where we want to go, Council Member Stephens asked if proposed incentives for relocation had been recommended. Cott responded not not at this time, At this point the committee was asking for a consensus from the City Council to proceed with investigating many various methods of economic development, Betty McKean, Assistant city Manager, reported that various study issues would be explored. The committee was asking for input on what the Council might want them to study, Council Member Stephens asked if the committee would look for items which would be mutually beneficial to the City and prospective industries. i City of Denton City Council Minutes Meeting of February 18, 1966 Page Two Cott responded yesi the presidents from the two universities were on the committee. All aspects of the City would be explo:ed, such as infrastructure, etc. Mr. Miller stated that an inventory would be accomplished of the land which was available now and the current zoning. Council Member Stephens asked if the Chamber would be advertising in trade magazines and recruiting industries. Miller responded yes, Cott stated that the report would be completed first and then brought back to the Council for Approval. The conclusions might mean taking a different type of marketing approach. Mayor Pro Tem Hopkins stated that the committee should not overlook growth from within) i.e., established industries already located in Denton could expand, Another issue which might be explored was that of privatization. The committee should also look at the infrastructure, utilities, land and land uses, etc, The Council should get back to the strategic plan and how it relal.ed to economic development. Council Member Riddlesperger stated that the Council and Chamber uhould put their minds on what already was in Denton, such as the universities and hospitals, and build on that. Council Member Stephens asked iiow the Chamber got the names of prospects. Carpenter stated these were obtained from Texas Power and Light, Lone Star Gas, the Texas Economic Development Commission, etc. 2, The Council received a presentation of Management Letter by Arthur Andersen and company, auditing firm, Mr. Bill Dillon, representing Arthur Andersen and Company, reported that the third audit was completed, He then introduced Me, Juana Daniels, Me, Juana Daniels reported that utility revenues were up in 1985 which was attributable to increased usage and rates. Erroneous meter readings had resulted in $1.5 million being incorrectly posted in Customer Service, After adjustments, the city appeared to be in worse condition in the collection of delinquent acco~ints. Regarding cash and investments, over $40 million was shown at the end of 1985. The City had participated in a bond repurchase and had collateral in excess of the repurchase agreements. tto formal investment policy existed in the Finance Department but was being developed. A fixed asset inventory was underway. The major recommendations dealt with the accounting and closing procedures. A recommendation was also made to review the funding policy as the Texas Municipal Retirement System had been underfunded and the Fireman's Retirement Fund had been overfunded. 3, The Council was to ?gold a discussion of landscape/tree ordinance requirements, Due to lack of time, this item was not discussed, 4. The Council was to hold a discussion of a "no smoking" ordinance for the city of Denton, Due to lack of time, this item was not discussed. 5. The Council adjourned into the Executive Session to discuss legal matters, real estate, personnel and board appointments. No official Action was taken. r city of Denton city council minutes meeting of February 18, 1966 Page Three The Council convened into the Regula! Meeting at 7:00 p.m, in the Council Chambers. PRESENT= Mayor Pro Test Hopkinal Council Members Alford, Chew, McAdams, Riddlesperger and Stephens Acting city Manager, City Attorney and City Secretary ABSENT. Mayor Stewart was in Dallas attending a reception 1. Consent Agenda chow motion, McAdams second to approve the Consent Agenda as presented, 1. Consent Agenda: A, Bids and Purchase orders: 1, Bid # 9571 - 30 channel logging system 2, Bid # 9573 - Vacuum sweeper 3. Bid # 9575 - Yellowstone A Prairie Drainage 4, Bid # 7577 - Aluminum conductor 5, Purchase Order # 12254 to Wang Labe,ratories in the amount of $14,805,40 6. Purchase Order 1 72291 to Southwest Electric in ,:he amount of $15,000,00 B, Change orders 1. Approval of Change Order #l, Bid # 9550, Water Treatment Plant Upgrade (Phase 1), Boswell Company C. Final Payments: 1. Bid 1 9487 - Repaving bid - bond issue to Cutler Repaving 2, Oversize water line, Westgate Heights, Phase It Denton-Tedl, Inc. D. Plate and Replats: 1. Approval of preliminary plat of the 288 Center Addition, Lot It Block 1. (The Planning and Zoning Commission recommends approval.) 2. Approval of final replat of the Commerce Center Addition, Lot 1R, Block 3, (The Planning and zoning Commission recommends approval,) 3, Approval of preliminary and final replats of the Freeway Park Addition, Lots 01 and 482, Block A. (The Planning and Zoning Commission recommends approval.) 4, Approval of preliminary and fi,ial replats of the Hnnn's Addition, Lots 11 2 and 3, Block 2, (The Planning and Zoning Commission recommends approval.) 5. Approval of general development plan of the Southern Hills Addition. (The Planning and zoning Commission recommends approval,) City of Denton City 'ounail Minutes meeting of February 18, 1.986 Pago Pour 2, The Council considered approval of allowing students from NTSU to collect funds fk. United way from City of Denton street intersections. Mr. Carl Kelsoe, representing the North Texas state University fraternities and sororities a stem, stated that this some fund drive had raised $4,000 for the United Way. The drive was set for March it 1986, Riddlesperger motion, Chew second to approve the collection of funds. Motion carried unanimously. Council Member Stephens asked Mr. Kelsoe if he was involved with the fund drive in 1985, Mr, Kelsoe responded nor not individually, The C.nuncil then consi.4ared the emergoncy agenda addendum. 1. The council considered approval of closing Oak Street from its intersection with Locust to its intersection with Elm on April 181 1986 from 7:00 p.m. until 11:00 p.m. for a Sesquicentennial street dance. Mr, Frank Davila, representing the Sesquicentennial Committee, reported that this event had been requested by the square dance club in conjunction with the Sesquicentennial celebration. There would be no charge for the event and the public was invited to attend. McAdams motion, Chew second to approve the closing of Oak Street for a dance. Motion carried unanimously. 3. The Council allowed an appearance by Ms. Susan Barry inviting various organizations (such as the YMCA, Salvation Army, etc.) to establish chapters in Denton to assist the poor and needy, Ms, Susan Barry-schorer stated that she had had a bad experience and had become aware of the fact that there was a desperate need for ,halter and aid for the needy in Denton, She felt the City should Invite the Salvation Army to set up a program in the City to assist these people. She had been referred to the Human Resources committee but had decided rather to appear before the City Council, 4. The Council was to consider approval of a request by Mr, Ed Hall to put up posters for •Ally at the Full Gospel Church. No one was present at the met ..ing to speak to this issue. 5. Publio Hearings A, The Council held a public hearing on the petition of Paul M. Maywood requesting approval of a comprehensive site plan for a portion of a 112.88 acre mixod use planned development (PD-41) located 1t the southeast and southwest corners of Loop 288 and East McKinney Street (FM 426). This 3.12 acre tract approved for planned development/general retail land use is located at the southwest corner of Loop 288 and East McKinney street (PM 426). The propcsed site plan contains the following information: Land Area - 89,000 square feet Building Area - 18,000 square feet Parking Provided - 97 spaces Lot Coverage - 20 percent Building Height - 37 feet signage - 400 square feet maximum area, 40 feet maximum height z-1790 City of Denton city council minutes Meetinq of robcuary 180 1986 Page Five The Mayor Pro Tom opened the public hearing. Mr. Tam Jester, representing the principals involved, spoke in favor stating that for the information of the Cokincil, this petition had been before the Development Review Cosaaittes 3 times, the Planning and zoning Commission twice and the Citizens Traffic Safaty Support commission once. The petition was for approval of a site plan for 3.12 acres out of a 30 acre tract and was the first phase of the development. No one spoke in opposition. The Mayor Pro Tom closed the public hearing. David Ellison, senior Planner, reported that 4 reply forms had been mailed with 0 returned, This had been an involved petition even though it was a small tract. The issue of most concern had been access. A driveway on Loop 288 had been. approved is the Planning and Zoning Commission had felt, considering all things, that the request was reasonable, There world be screening on the property and only 2 to 3 acres of the 10 acre tract was being developed as goneral retail at this time. Staff felt this could create a difficult situation when other portions of the tract development. This was the first moderate intensity node in the City to expand. Staff would be monitoring the balance of the remaining development in this Manned development. A site plan had been approved on the 10 acres for multi-family over une year ago but there had been no development. Staff wanted the residential portion to develop. McAdams not ton, Chew second to approve Z-1790, Motion carried unanimously. B. The Coun.ii held a public hearing on the request of Richard Compton, R. J, Button, Charles Ziff and the City of Denton for annexation of approximately 614.6 acres being part of the E. Pickett Survey, Abstract 10ld, the N. Britton Survey, Abstract 510 the J. Rogers Survey, Abstract 1084, the J. Rogers Survey, Abstract 10850 and the S. Rogers Survey, Abstract "01, and beginning north of Old Alton Estates, south of Ryan Road, west of FM 2181, and east of the G,C, & S.F, Railroad A-30. The Mayor Pro Tem opened the public hearing, David Ellison, Senior Planner, spoke in favor stating that thie was the second public hearing. An area of error had been removed from the annexation map. Fourteen reply forms had been mailed with zero returned this time. At the first public hearing, staff reported that 3 reply forme had been returned in favor and 1 in opposition was received from Mr. Calvert, The current annexation parcel would take in the north ind south halves of Ryan Road beginning at the intersection of FM 2181 at Ryan Road and continuing west for approximately 11000 feet and west for approximately an additional 1,050 feet, Beginning at the Hickory Creek Road and PM 2181 due west for approximately 2,300 feet, the City would be annexing the north half of the road. Continuing frog this point for approximately 2,630 feet, the City would be annexing both halves of Hickory Creek Road. The bridge was in the parcel as it could not be left out if the 217 acre parcel was annexed, Acting City Manager Rick Svehia reported that this bridge had been reconstructed by the County approximately two and one-half years ago. Council Member Stephens asked if staff could Visit with the other people regarding voluntary rather than involuntary annexation, Ellison responded that staff could try but felt the only people which could he swayed were those owners of the 217 acre tract. Conceptually, this was where the staff wanted the extension of Loop 286 to be and were askiny for 50 feet right-o°-way, City of Denton City Council MinuLea Meetin of February le, 1996 Page Six Mr. R. J. Button, owner of one of the tracts, spoke in favor. ' Ms. Stephanie Compton, owner of property in the annexation parcel, spoke in favor. Mr. Thomas Calvert spoke in opposition and asked if the Calvert tract on Ryan Road had been eliminated from the petition. Ellison responded yes. Mr. Calvert then stated that this was his only opposition. The Mayor Pro Tem closed the public hearing. Stephens motion, McAdams second to Continue with annexation A-30. Notion carried unanimously. C. T::e Council held a public hearing concerning the request of Teasley Road Associates and the City of Denton for proposed annexation of approximately 125.25 acres beginning at Ringo Road and proposed Loop 288, south of Oak Bend Estates, and south of Silverdome Road A-33. The Mayor Pro Tom opened the public hearing, David Ellison, Senior Planner, spoke in favor stating that this was the first public hearing. Approximately 14.5 acres of the annexation was involuntary. Since this regLgst for annexation has been discussed in work session, interest had been expressed to staff in the annexation and development. Teasley Road Associates .ould submit a zoning request for the property along the pr,-oRed extension of Loop 288, The developers were committed to the project. One reply form had been received from EDS; however, the tax rolls did not show them to be property owners. Mr. Virgil Strange, representing Teasley Road Associates, spoke in favor. Ms. Susan Barry Schrorer asked if the crosses on the overhead projection of the map indicated a cemetery and if so, she did not feel thi6 property could be developed. No one spoke in opposition. The Mayor Pro Tem closed the public hearing. Stephens motion, Alford second to p;:0ceed with annexation A-33. Motion carried unanimously, 6, A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presentedr NO. 86-33 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATVRIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Riddleseerger second to adopt the ordinance. On roll Call Vote, McAdams aye,' Stephens "aye,' Alford "aye," Riddles- perger "aye," Chew "aye,' and Mayor Pro Tom Hopkins "aye.' Motion carried unanimously. m,".r.-._srr.a-.dPx .n r :.gaq'?"xra ♦ vas:.: ; p,:. city of Denton City Council minutes Meeting of February 16, 1966 page seven a, The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented) N0. 86-34 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREPORE) AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Stephens "aye," Alford 'aye,' Riddlesperger "aye," Chew 'aye," and Mayor Pro Tam Hopkins "aye." Motion carried unanimously. C. The Council considered adoption of an ordinanco providing for the expenditure of funds for emergency purchases of materials, equipment, Supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 86-35 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS) AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Alford second to adopt the ordinance, on roll call vote, OcAdams *aye," Stephens 'aye,' Alford "aye,' Riddlesperger 'aye," Chew 'aye, and Mayor Pro Tom Hopkins 'aye." Motion carried unanimously. D. The council considered adoption of an ordinance amending Ordinance No. 85-79 to provide for, a corrected legal description of the property thereby rezoned 2-1729. The following ordinance was presented: NO. 86-36 AN ORDINANCE AMENDING ORDINANCE NO. 85-79 TO PROVIDE FOR A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZONED; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdamc "aye," Stephens *aye," Alford "aye,' Riddlesperger "aye,' Chew 'aye, and Mayor Pro Tom Hopkins 'aye.* Motion carried unanimously. E. The council considered adoption of an ordinance amending Ordinance No. 85-146 to provide for a corrected legal description of the property thereby rezoned Z-1752. The following ordinance was presented: NO. 86-37 AN ORDINANCE AMENDING ORDINANCE NO. 85-146 TO PROVIDE FOR A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZONED! AND PROVIDING FOR AN EFFECTIVE DATE, City of Denton City Council Minutes Meeting of February l8, 1986 Page Eight Chew motion, McAdams second to adopt the ordinance. On roll c3Y1 vote, McAdams 'aye,' Stephens "aye," Alford "aye,' Riddlesperger "aye,' Chew "aye,' and Mayor Pro Tem Hopkins "aye." Motion carried unanimously, F. The Council considered adoption of an ordinance approving a contract between the City Of Denton and Denton Boy's Baseball, Inc, The following ordinance was presented: NO. 86-38 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BOY'S BASEBALL, INC. FOR RECREATIONAL PROGRAMS SPONSORED BY THE PARRS AND RECREATION DEPARTMENTI APPROVING THE EXPENDITURE OF FUNDS THEREFOREt AND PROVIDING FOR AN EFFCCTIVE DATE. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'ayeel Stephens 'aye,' Alford 'ayes' Riddlesperger 'aye,' Chew sye,' and Mayor Pro Tem Hopkins 'aye, Motion carried unanimously. G. The Council considered adoption of an ordinance abandoning easements in the Southern Hills Addition. Acting City Manager Rick Svehla reported that this was a standard abandonment. There were 2 TP&L lines located on a large tract of land which the City had purchased behind the Walmart store. The ut;.lity lines and be relocated and the, City did not require this easement any longer. The following ordinance was presented: NO. 86-39 AN ORDINANCE OF ThE CITY OF DENTON, TEXAS, ABANDONING AND VACATING CERTAIN UTILITY EASEMENTS AS DESCRIBED HEREIN) AND DECLARING AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Stephens "aye," Alford 'aye," Riddlesperger "aye," Chew 'aye," and Mayor Pro Tom Hopkins "aye," Motion carried unanimously, H. The council considered adoption of an ordinance to accept Bid 1 9541, trade or exchange of land at wastewater Treatment Plant (approximately 16.16 acres). Acting City Manager Rick Svehla reported that this was basivally a land swap. The City owned property at the wastewater treatment plant and Mr. Ben Pinnell owned some property which was located closer to the entrance of the plant, The Idea was the exchange the land. The following ordinance vas presented) t'0. 86-40 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF DENTON AND A.B.P., JR., TRUSTEE, INVESTMENT No. 17, A JOINT VENTUREt AND PROVIDING FOR AN EFFECTIVP. DATE. Chew emotion, McAdams second to adopt the ordinance. On roll call vote, McAdams "a~+e," Stephens "aye," Alford "aye," Riddlesperger 'aye," Chew "aye, c,nd Mayor Pro TOM Hopkins "aye.' Motion carried unanimously. t City of Denton City Council Hinutea Meeting of lebruary 18, 1986 Page Nine 1. The Council considered adoption 0: an ordinance approving a contract between the City of Denton and Lake Cities Municipal Utility Authority for the interix sale of wholesale treated water, Howard Martin, City Chemist, reported that the contract was a cumulation of negotiations between Lake Cities Municipal Utility Authority and the City of Denton, Lake Cities would purchase approxlmatsly 500,000 gallons of treated water per day. This was similar to the contract which Denton had with Corinth but there were two differences. This was a 10 year plan and the rates would be set based on our contract with the City of Dallas. Lake Cities would install the water lines, ground s',orage system and transmission lines which would be given to the City of Denton. Acting City Manager Rick Svehla reported that the rates were based on the higher cost of the plant and would not damage existing customers. The following ordinance was presented: NO. 86-41 AN ORDINANCE APPROVING A CONTRACT PROVLDING FOR THE INTERIM SALE OF WHOLESALE TREATED WATER BETWEEN THE CITY OF DENTON AND LAKE CITIES MUNICIPAL UTILI'PY AUTHORITY) AND PROVIDING FOR AN EFFECTIVE DATE. Stephens motion, Chew second to adopt the ordinance. On roll call vote, MCAdems 'aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew *aye,* and Mayo:: Pro Tem Hopkins "aye." Motion carried unanimously, 7, Resolutions A. The council considered approvai of a resolution in support of anti-crime legislation, Acting City Manager Rick Svehla reported that this item had been placed on the agenda at the request of Mayor Stewart, The following resolution was presented: R E S O L U T I O N WHEREAS, in spite of the dedication and best efforts of our law enforcement community, pie find that the crime rate continues to rise and that our Texas businesses and law abiding citizens continue to needlessly suffer; and WHEREAS, the problems caused by crime and criminal acre being visited upon citizens of Denton and citizens throughout Texas is unacceptable and must be rectifiedi and WHEREAS, the citizenry requires that governments at all levels take whatever action and appropriate whatever sum., are necessary to properly fulfill said above-referenced first function of governments and WHEACAS, the law enfur,cement community and the law abiding citizens of Texas require that more attention be focused on crime, solutions identified to adds eav our crime problems, and actions implemented to solve acid crime problems; and WHEREAS, cities throughout Texas are presently working in a cooperative endeavor to identify those solutions which may be implemented unilaterally by the citiaa and those which require state legislative actions NOW, THEREFORE, i City of Denton City Council minutes moopting of February 19, 1966 Pate Ten BE IT RES(4!.VED BY THE CITY COUNCIL OF THE CITY OF DENTON; SECTION I. That the City council %~t the City of Denton hereby encourage& the development of a strong well-founded anti-crime package to bo presented to the 70th session of tae Texas Legislature to convene ir, January, 1987, SECTION II. That the city Council finds and determines that said anti-crime legislation is the singular most important issue affecting the lives, property and safety of the citizens of Ter.au which will be dealt with in said legislative session, SECTION III, The City Secretary is hereby dirocted to send a copy of this resolution to (lovernor Mark White, Lt, Governor Bill Hobby, Speaker of the House Gib Lewis, Criminal Justice Committee Chairman Kent Caperton, said Committee's Vice Chairman, Bob McFarland, said Committee's Members Senator Ray Farabse, Senator Bob Glasgow, Senator Ted Lyon, Senator H, Tati Santiesteban, Senator Craig Washington and to State Representative Jim Horn and State Representative Ben Campbell, SECTION IV. That this resolution shall take effective immediately upon its passage and approval, PASSED AND APPROVED this 18th day of February, 1966. RICHARD 0. STE ART, MAY N CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMI DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY I Chew motion, S'ephens second that the resolution be approved. On roll call vote, McAdams •aye," Stephens 'aye," Alford "aye Riddlesperger "aye," Chew 'aye," and Mayor Pro Tem Hopkins "aye.0 Motion carried unanilneusly, 8. The Council held a discussion of petition of oakhill Joint Venture for annexation of approximately 80.800 acres beginning adjacent and south of East McKinney Street (FM 426) approximately 1 1/2 miles east of Mayhil' Road for the purpose of determining whether to begin the annexation process A-35, Da'•'id Ellison, Senior Planner, pointed out points of reference on the map of the proposed annexation area and reported that this was a standard request, Typical land uses would include aingle family ds~ached and cluster housing. There were two existing dwallina units in place and the annexation was voluntary. The development potential Wee questionable but the parcel was in close proximity to the existing city limits line. Involuntary annexation tracts would have to be included to get to this site, There were 3 options City of Denton City Council Minutes Meeting of February 180 1966 page Eleven available; annex down McKinney Street to the tract; annex from the mobile home park to the tracts or, extend the existing city limits line from the mobile home park to the Lakeview development (60.75 acres). The disadvantage was to annex something which the City would have to provide with services and on which there was no expected development. Consensus of the City Council was to exercise option 3 and extend the existing city limits line from the mobile home park to Lakeview, 91 The Council held a discussion of petition of Miller of Texas, Inc, for annexation of approximately 60 acres beginning south of Highway 380 east and west of Trinity Road for the purpose of determining whether to begin the annexation process A-36. David Ellison, Senior Planner, reported that this area was on the top of Phase I zoning for Lakeview. The petition was for voluntary annexation of 60 acresp however, an additional 22 acres of involuntary annexation would Aquare off the city limits at Highway 380, Consensus of the Council was to proceed with the annexation. 10, The council considered approval of a request for sanitary sewer service outside city limits by R, 0. McDonnell, Acting City Manager Rick Svehla reported that the property was located on FM 426 off of McKinney Street, The request was for sanitary sewer service for Mr, R. 0. McDonnell's grandson, McAdams motion, Chew second to approve the request for sanitary sewer service. Motion carried unanimously. 11, The Council considered approval of a request for water and sanitary sewer service outside Denton city limits for Denton Indepondent School District on Hickory Creek Road, Acting City Manager Rick Svehla reported that the property was located quite a distance from the existing City limit line, The Denton independent School District would be coming a long way with the water and sewer line, staff would be studying the sizes of the lines. McAdams motion, Chew second to approve the request for water and sanitary eswer service outside Denton city limits for ti)e Denton Independent School District on Hickory Creek Road. Mayor Pro Tem Hopkins a::ted regarding the possibility of oversizing. David Ham, Assistant Director of Utilities, reported that a 12 inch water line was not an oversizel however, the 12 inch sewer line was oversized from 10 inches, Additi-)nal over=sizing might be appropriate and staff was studying this issue, Motion to approve the request passed unanimously. 12. There was no official action on Executive Session items of legal matters, real estate, personnel and board appointments, 13, The following items of New Business were suggested by Council Members for future agendast 11 Ths discussion of landscape/tree ordinance requirements would be placed on a future agends as time did not allow for its completion at this meeting 21 The discussion of a "no-smoking' ordinance for the City of Denton would be placed on a future agenda as time did not allow for its completion at this meeting city of Denton city council minutes meeting of lobruary 180 1986 Page Twelve 3. Mayor Pro Tom Hopkins asked for a report on the city-s investment policy. 14. The Council reconvened into the Executive Session to discuss legal matters, real estate$ personnel and board appointments. No official action was taken, With no further items of business, the meeting was adjourned, RICHARD 0. STEWARTO MAYOR CHARLOTTE ALLENi CITY SECRETARY i 01470 00 city council minutes March 4, 1986 The council convened into the work session at 5130 p.m. in the Civil Defense Room. PRSSENTS Mayor Stewarts Mayor Pro TOM Hopkins Council Members Chew, McAdams, Riddlesperger and Stephens City Manager, City Attorney and City Secretary ABSENT., Council Member 1lf,ord Agenda item 1 was deferred to later in the agenda order, 2. The Council held a discussion of request of Miller of Texas, Inc, for annexation of approximately 301,913 acres located between I-35E and FM 426 (East McKinney) and situated in the Gideon Walker Survey, Abstract 1330, and the W, Durham Survey, Abstract 330 A-38. David Ellison, Senior Planner, reported that this was the Lakeview south project, The entire parcel was 301 acres with 1,9 acres of this constituting an involuntary annexation, included in the agenda back-up material, was a preliminary concept plan for the land use, Staff felt it would be advantageous to present this proposal to council as it had been originally received. The original proposed density was 16,9 units per acres however, a new proposal (for zoning purposes) showed a density of 15.79 units per acre, The developers had requested feedback now, The staff wanted to know if the Council would want to hold a work session to discuss this particular case. The City of Corinth would be discussing the thoroughfare at their meeting on March 5. City of Denton staff had met with Corinth officials and Miller of Texas was alai sch6duled to meet with them. City Manager Lloyd Harrell reported that staff was anticipating pressure from the developer to move along with this zoning request, Council Member Joe Alford joined the meeting, McAdams motion, Stephens second to proceed with the annexation, Motion carried unanimously, 3, The Council held a discussion of a 'no smoking' ordinance for the City of Denton, Council Member Riddlesperger stated that this ordinance had generated a great deal of interest. This was a discussion and not a public hearing and the ordinance would not be voted on at this meeting, However, several members of the community had expressed an interest in making comments on the "no smoking" concept, Mr, Clark, representing Dr. William Miller, stated that Dr. Miller was strongly in favor of the strongest no smoking measures possible. He then read a prepared statement which Dr. Miller had prepared expressing his support for a no smoking ordinance, Me, Roberta Donspach stated that as an ex-smoker, she was sympathetic to smokers, She had quit ,%,aokLng a.pproximatgly 30 years ago and now, if in a emokuy room, she became nauseated, dizzy and disoriented. Her office war non-smoking and this seemed to acceptable to the workers, both smokers and non-omokers. She urged the Council to consider adopting the ordinance, Council Member Riddlesperger stated that the proposed ordinance had bee!; prepared by the ity Attorney and complied with the law, it would be a self-enforcing ordinance, much the spme as the mandatory beat belt law, Bob Hunter, Assistant City Attorney, reported that there were two proposed ordinances for Council review. The ordinances specified two types of offenses (establishmonts and individuals) and also called out prohibited areas, such as elevators, eta, 00 City of Denton City Council Minute Meeting of March 4, 1968 Pegs Two Council Member McAdams suggested that a work session be held prior to the public hearing. Alford motion, Riddlesperger second to hold a public hearing on the no-smoking ordinance at the March 18 Council meeting. Motion carried unanimously. Agenda item 1 was considered. 1. The Council received a resolution from the City of 4ainesville to the City of Denton Fire Department in appreciation r,f their assistance. Rick Svehla, Assistant City Manager, reported that a resolution in appreciation had been received from the Mayor of Gainesville who wished to publicly recognize the assistance which the Denton Fire Department has given. Svehla then presented the resolution to chief Jnck Gentry. 4. The council held a dlecusaion of landscapa/tree ordinance requirements. Steve Brinkman, Director of Parks and Recreation, reported that any proposed ordinance should address building set-backs. Staff could prepare a draft ordinance and bring back before the Council. CouncO Member Stephens stated that a member of the Historic Landmark ,owmission war present to discuss this issue, Ms. Catherine ronrady, member of the Historic Landmark Commission, reported that she had read the Austin ordinance and, in her opinion, it was not totally appropriate for Denton. She felt very strongly that more trees should be saved. She would be pleased to support a tree ordinance in anyway and the Commission would be glad to take on the task of preparing a draft ordinance, She felt trews were a part of the character of a city, Council Member Stephens asked if tree preservation could be required as a condition to zoning. David Ellison, Senior Planner, reported that this issue would be before the Planning and zoning commission on April 10, Mayor Stewart asked which would be the appropriate City board to review and make a recommendation on the proposed ordinance, Council Member Stephens stated that he telt the Parke and Recreation Board should review and then the Historic Landmark Commission, The Planning and Zoning Commission could then consider the ordinance prior to Council review, 5, The Council received a presentation by the North Texas Fair Association of plans for relocation and construction of an Exposition Center. Mr, James Roden, President of the North Texas Fair Association, stated that the association had begun looking for a new site for the fairgrounds two years ago. There was no Intention to relocate the fairgrounds but rather to sell the existing property and build a multipurpose exposition center. The association had entered into a contract to purchase 125 acres behind Denia Park, The sale of the old fairgrounds was contingent on zoning, The association would then purchase the new site. The proposed exposition center could be used for many different functions, such as livestock expositions boat or car shown or banquet facilities. There would be a plusA area for buyers at registered horse/cow sales as well as paved parking for approximately 30500 cars, one or two amphitheaters would be available. This was a large undertaking and would require large amounts of money. The entire exposition center complex would be planned in stages. i City of Denton city council minutes meeting of !larch 4, 1906 Page Three Mayor Pro Tom Hopkins stated that he appreciated the efforts of the association and the proposed exposition center would enhance the economic development of Denton by increasing revenues foi the hotels, restaurants, etc, 61 The Council convened in the Executive session to discuss legal matters, real estate, personnel and board appointments, No official action was taken. The Council convened into the Regular meeting at 7100 p.m. in the Council Chambers, PRESENT: Mayor Stewart! Mayor Pro Tom Hopkinal CounaLl Members Alford, Chew, McAdams, Riddlespnrger and Stephens City Manager, City Attorney and City Secretary ABSENT: None Mayor Stewart introduced Mr, Lloyd Harrell, the new City Manager for the City of Denton. Mayor Stewart presented a Proclamation for Social Workers Week. The Proclamation was accepted by Me, Aileen Short, 1, Consent Agenda Riddlesperger motion, Alford second to approve the Consent Agenda as ptanented, Motion carried unanimously. L ;ent Agenda: A. Bids and Purchase orders: 1. Bid 09576 - 4/0 Cable 2. Bid 09578 - Filter Media for Water Plant 3. Bid 19580 - insecticides and herbicides 4. Bid 19582 - Water Slide 5, Bid 19584 - Automotive/Industrial Batteries 6. Bid 19586 - 15' Hydraulic Mower 7, Bid 19586 - Pavement Marker 8. Bid 09589 - Refuse '.,acker Body 9, Bid 19590 - Police Sedans 10. Purchase Order 072232 to T.x,O, Equipment Company in the amount of $12,000,00 B, Final Payment: 1, Bid 19433 - Oversize Participation Payment, Parkway Plaza Phase to Dunning Development corporation, 8' to 27' water line, ('The Public Utilities Board recommends approval,) 2. Bid 49298 - Project Finalization - Panhandle Drainage Improvements 3, Bid 49531 - Oversize water line participation to Tony Repose, Oreenway Plaza - 8" to 12' in the amount of $11,914,50, (The Public Utilities Boarr; recommends approval,) r s, City of (Denton City Council minutes matting of match 41 19$6 Page Four 4. Bid 19410 - Spencer/Woodrow Connection 5, Bid 19470 - FY 65 Section A Capital Improvement Water lines, - Dickerson Construction Co, in the amount of $240249.53 (The Public Utilities Board recommends approval,) C. Tax Refunds 1, Consider a tax refund to Denton Savings and Loan in the amount of $3,143.28 2. Consider a tax refund to Garland Cates in the amount of $961,76 D. Plats and Replatss 1, Approval of preliminary Plat of COOrr Landing, section III, Lots 1-40 Block 1, (The Planning and zoning Commission recommends approval.) 2. Approval of preliminary and final replat of the industrial school Addition, Lot 8R, Block 1. (The Planning and Zoning Commission recommends approval,) 3. Approval of preliminary replat of the Summit Addition, Lots 1 and 21 Block 1. (The Planning and Zoning Commission recommends approval.) The council then considered the first emergency agenda addendum, 11 The Council considered approval of a resolution in support of the North Texas Fair Association's concept of the relocation of the existln7 fairgrounds and the construction of a multipurpose exposition center. City Managsr Lloyd Harrell reported that a presentation on this item had been given at the work session, The following resolution waa presented: R E S O L U T I O N WHEREAS, the North Texas Fair Association and their Board of Directors have determined, after much deliberation, that the existing fairgrounds are inadequate to serve the community's needs, and that the construction of a multipurpose exposition facility is necessary and dosirablei and WHEREAS, the City Council is of the opinion that the construction of such a multipurpose exposition center would benefit the community and increase the economic development of the city of Denton, Texas( NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESI SECTION I. Thet the City Council hereby supports the concept of the relocation of the existinq fairgrounds and the construction of a multipurpose exposition center proposed by the North Texas Fair Association and supports the efforts of the Fair Association in this regard, SECTION II, That this resolution shall become effective immediately upon its passage and approval, City of Denton City Council Minutes Meetinqq of March 1, 1986 Page Me PASSED AND APPROVED this the 4th day of March, 1986. RICHARD 0. STEW RT MAY R CITY OF DENTON, TSAAS ATTESTS CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS 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," Hopkins "aye", Stephens "aye," Alford "aye," Riddlesperger 'aye,' Chew 'aye," and Mayor Stewart "Aye.* Motion carried unanimously. The Council then considered the second emergency agenda addendum. 1. The Council considered approval of a resolution in appreciation of Dr. Huey and declaring March 7, 1986 as Mary Evelyn Slagg Huey Day in the City of Denton, The following resolution was presented: RESOLUTION IN APPRECIATION OF "MARY EVELYN BLAGG HUEY" WHEREAS, for more than fifty years, Mari Evelyn Blagg Huey has been a resident and citizen of Denton and WHEREAS, her citizenship has been characterized by service to the commurity through her work for educational, governmental, civic, social, b+,siness, and religious organizational and WHEREAS, as the first woman President of the Texas Woman's University she has represented Denton and her alma mater throughout the nation and the worlds and WHEREAS, the Board of Regents of the Texas Woman's University, the largest university for women in the United states, has recognized her achievements and service by naming the university library constructed during her administration for hers NOW, THEREFORE, be it resolved that the City Council of the city 01 Denton hereby declares March 7, 19860 as "MARY EVELYN BLAGG HUEY DAY" in Denton, Texas, And that the citizens of Denton join with the Texnd Woman's University, the Mayor of Denton, and the Denton city council in celebrating her accomplishments and in expressing appreciation for her leadership, PASSED AND APPROVED this the 4th day of March, 1986, RICHARD Os STEWARTO NZYOR CITY OF DENTON, TEXAS City of Denton City Council Minutes mestin9 of March 4, 1966 Page Six ATTESTt `CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BYt Alford motion, Stephens second that the resolution be approved, on roll call vote, McAdams "aye,' Hopkins 'aye', Stephens 'aye,' Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. The Council then returned to the regular agenda order. 2. The council considered approval of a request by central business district representatives to close the 100 block of North Elm. West Oak, North Locust and West Hickory (The Square) and Hickory from Bell to the railroad tracks on June 21, 1986 from 6100 a.m, until 8:00 p.m. for County 'seat Saturday. Mr. Frank Davila, Chairperson of the Denton sesquicentennial committees stated that the businesses on the downtown square were requesting this closing. Another portion of streets to be closed was in front of the Visual Arts Center for Saturday and Sunday, June 21 and 22. Stephens motion, Chew second to approve the request. Motion carried unanimously. 3. The Council considered approval of a request by the Denton Lion's Club to solicit funds on March 15 and March 16 fuc the Lion's organ and Eye Bank of Texas, Mr. Carrington, representing all of the Lion's Cluaa in Denton, stated that March 14 through 23 was white Cane Week, The club was requesting to solicit funds at Carroll Boulevard and Oak Street, Carroll boulevard and Hickory Street and Carroll Boulevard and Eagle Drive, The correct dates for the fund drive were March 15 and 22. McAdams motion, Hopkins second to approve the request, Motion carried unanimously, 4. Public Hearings A. The Council held a public hearing on the petition of Terry Walker, representing Robert Caraway, requesting a specific use permit on property presently zoned Neighborhood Service (NS). The property is located at 1305 I-35E and shown in the 3. Puchalaki Survey, Abstract 996. If approved, the specific use permit would allow the oper"tion of an antique and collectible shop in a neighborhood service zoning district, 5-186 The Mayor opened the public hearing, Mr, Terry walker, the petitioner, spoke in favor stating that he intended to operate an antique shop at the location to sell antiques, furniture, oollectlbles, glassware, etc, He had rented the building in October and did not realize the zoning was inspp- propriate for his business and a specific use permit would be required, He had spent two months completing renovations on the structure. He did not feel there- were any problems but did understand that antique shops fell in the same zoning category as salvage yardA, City of Denton City Council Minutes Meeting of March 4, 1986 Page Sewn No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that 15 reply forma had been mailed with 4 returned in favor, 0 in opposition 1 undecided and 4 in favor were received from persons who were not on the nctificabinn list, This was a low intensity area and was primarily reserved for single family use. The current zoning exceeded the intensity by 781. This was an unusual case as the building had previously been used as a boot store, There would not be an increase in the intensity in the area, Mr. Walker would utilize the existing structure and had made improvements. The access points did not most the subdivision rules and regulations) there was one curb cut on the I-35 service road and one curb out on Knight street for dumpster service, 1. The council considered adoption of an ordinance approving a specific use permit at 1305 I-35E. The following ordinance was presentedi NO, 86-42 AN ORDINA11CE GRANTING A SPECIFIC USE PERMIT FOR AN ANTIQUE SHOP; 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 0.318 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING 'LOCATED AT 1305 INTERSTATE HIGHWAY 35E, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A MAXIMUM PENALTY OF $1,000,00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERASILITY CLAUSEI AND DECLARING AN EFFECTIVE DATE, Stephens motion, McAdams second to adopt the ordinance with the conditions as attached by the Planning and Zoning Commission. On roll call vote, McAdams 'aye,' Hopkins "aye," Stephens 'aye,' Alforo "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye," Motion carried unanimously, B. The Council held a public hearing on the petition of Rlok Horn, representing H, Ross Perot Jr„ reqquesting a change in zoning from the agricultural (A) cfaseificatlun to the planned development (PD) district on a 25.6 acre tract located on the south side of U.S. Highway 77 at its intersection with proposed State Highway Loop 288, The property is further described as a tract in the Nathnn Wade Survey, Abstract 1407. If the request is approved, the following retail and office land uses will be permitted: oul ce, hotel, bank, movie theatre, gasoline service station, public or pprivate park or <.pen space, parking tot or garage, medical center or hospital, convenience store, retail shops, and shopping center. 2-1780 The Mayor opened the public hearing. Mr, Roy Wilahire, representing the petitioner, spoke in favor and presented an artist's rendering of the project, The petitioner was willing to accept the conditions as recommender by the Planning and Zoning Commission, A represont:.tive o: the Union 76 Truck Stop spoke in opposition stating that a detailed traffic study should be completed, There was heavy traffic in the area and he was concerned about traffic congestion and traffic control, Mr, +lilshire rebutted that the extension of Loop 288 would provide access to the site. City Of Denton City Council Minutes Meeting of March 4, 1986 rage Bight The Mayor closed the public hearing. Denies Spivey, Urban Planner, reported that 7 reply forma had been mailed with 2 returned in favor and 0 returned in oppp sition. This was a high intensity areas and the Denton Development Guide specified balanced land uses, The proposed development intended to provide over 300 acrom of mixed land u;'es. The Planning and Zun ng Commission had considered the petition on February 12 and ad recommended approval with conditions, Mayor Stewart asked if a traffic study would be done. Spivey responded that the developer would submit a general development plan which would include information on how access would be provided, if warranted, a traffic study would be done, Council Member Stephens asked )f the traffic study could be completed prior to the presentation of the zoning ordinance. Spivey responded that a site plan would have to be submitted prior to the issuance of building permits. The site plan would go betore the Planning and Zoninq Commission and the City Council, Mayor Pro Tom Hopkins stated that this would be the intersection of two major highways and the state should also be interested in a traffic study, Hopkins motion, McAdams second to approve the petition, Motion carried unanimously. C. The Council held a public hearing on the petition of Tim Horner requesting a change in zoning from the agricultural (A) classification to the light industrial (LI) district on a 3,5 acre tract located on the south side of U.B. Highway 380 approximately 1,500 feet east of March Branch Road, The property is further described as a tract in the William Bryan ,Survey, Abstract 128, if the request is approved, the property may be utilized for any une permitted in the light industrial district by the City of Denton zoning ordinance. Z-1783 The Mayor opened the public hearing, Ms, Dixie Laidlaw, representing Mr. Horner, spoke in favor stating that the site has been used in the past as a cattle auction facility. All inquiries on the property had been for light industrial uses. No one spoke in opposition, The Mayor closed the public hearing, Cecile Carson, urban Planner, reported that the property was along a major highway and adjacent property use wao light industrial. The site was within the airport regulation area and was current use was predominantly agricultural. There were 4 reply forms mailed with 0 returned. 1. The Council considered adoption of an ordinance approving a change in zoning on a 3,5 acre tract located on the south side of U.S. Highway 380 approximately 1,500 feet east of Masch Branch Road, The following ordinance was presentedi No, 86-43 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY Of DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO APPROXIMATELY 3,5 ACRES OF VIM City of Denton City Council minutes meeting of March 4, 1906 Page Nine LANE SITUATED IN TH4 WILLIAM BRYAN SURVEY, ABSTRACT NO, 148 DENTON COUNTY, TEXAS, 92100 LOCATED ON THE SOUTH SIDW OF b, S. HIGHWAY 380 APPROXIMATELY 1,500 PEST EAST OF MASCH BRANCH ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREINi TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL 'A' DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL 'LI' CLASSIFICATION AND U88 FOR SAID PROPERTYi PROVIDING FOR A MAXIMUM PENALTY OF $1,000 FOR VIOLATIONS THEREOPI PROVIDING FOR A SEVERABILITY CLAUSE1 AND DECLARING AN EFFECTIVE DATE, Stephens motion, Chew second to adopt, the ordinance, on roll call vote, McAdams 'aye,' Hopkins "aye," Stephens ways," Alford 'aye,' Riddlesperger "aye,' Chew "aye,' and Mayor Stewart 'aye," Motion carried unanimously, D. The Council held a public hearing on the petition of Stephen Des Jardine, representing the James M. Brown Company, requesting a change in zoning from the agricultural (A) classification to the planned development BPD) district on ,0 74,97 acre tract tocated at the northeast corner of, the Interstate Highway 35N service road and Payne Drive, Tile property is further described as a tract in the Francis Batson Survey, Abstract 43, The following land uses are proposed for the developments office - 16,75 acres Neighborhood service - 4.00 acres Cluster Housing - 219 units on J8.34 acres with a density of 11.9 units per acre Single Family - 91 units on minimum 10,000 square foot lots on 27,74 dcr-9s with a density of 3,3 units per acre Single Family - 11 units on minimum 16,000 square foot lots on 6 acres with a density of 1,9 units por acre Park - 2.17 acres 7,-1788 The Mayor opened the public hearing, Mr, Stephen Des Jardins, representing the owner Mr., Archie Payne, spoke in favor stating that this proposed develo mont had been before the Planning and zoning Commission 3 times and the developers had met with the neighbors 5 times, The design had been dramatically changed. He presented a market survey which showed the current supply of, various types of housing, The Planning and zoning commission had a split vote on the petitions the neighbors were in favor and the developer felt it was a good plan, Council Member Stephens asked how far the proposed development wan from the subdivisions to the south, Mr, Roger Barrett, Metroplex Engineering, responded approximately 1,000 feet, Council Member Riddlesperger asked if Payne Drive connected to Windsor Drive, Mr, Des Jardine respu j, it did not at the present times however, the development would tie myna Drive into Windsor Drive, Mr, Roger Barrett, Metroplex Engineering, spoke in favor and presented an overhead projection of the planning considerations. He had analyzed the project with an eye to buffering. The concept pl-:n was to buffer the intensity down and use landscaping and green space, A retention pond would be used as a passive park, Pew existing utilities were on the tract. A slide was shown on the landscape buffers and tenoing proposed, Mr. Barrett then gave a eomparivon of this projected development and the existing Greenway notates land uses. WOMEN -.vc.p'~F' , t`.: er : „-..rFgr ~ • fT5".~ n 4? City of Denton city council minutes Meeting of march 40 1966 Page Ten Council Member McAdams aeked it the Market survey did not stow that office space was already available in Denton. Barrett reaporided yen. Council Member McAdams stated that she was confer ad bout tthis development tieing in to the office space already n pace along 1-35. Barrett responded the primary concern was the noise along I-35. Council Member McAdams stated that it was not impossible to build other types of units along a highway, Mayor Pro Tom Hopkins asked about Payne Drive. Barrett responded Payne Drive would be improved approximately 450 feet to be used as a collector street. This would allow people an alternative to the I-35 service road, No one spoke in opposition. The Mayor closed the public hearing, Cecile Carson, Urban. Planner, reported that 12 reply forl~s had bee mailed with 4 returned in favor and 0 in opposition. This project had been on the drawing board for over a year. It had been rejected two times by the Planning and Zoning Commission. Staff did not feel that office spare was needed as there were vacant offices all over Denton, condominiums or apartments could be used next the I-35. Chew motion, McAdams serund to deny the petition, Council Member McAdams stated that she folt it was a mistake to have a strip of offices, Council Member Stephens stated that the rea.lents of Greenway Club Estates felt the office complexes on Thui.Jerbird added to the neighborhood but were concerned about the space between Payne Drive and areenway, This property would have to be zoned single family (SF-]0), Mayor Pro Tem Hopkins stated that there was a need to move towards a tie-in to Payne Drive. Council Member McAdams stated that denial of this petition did not mean that only SF-10 zoning could be given to this particular lot, Mayor Pro Tom Hopkins stated that the Council should not get into the habit of reserving intensity, Mayor Stewart asked what the Council would want on this parcel - Industrial, office, etc. Asyor Pro Tem Hopkins stated that the proposed development would not cause as many vehicle tripe. Dee Jardine stated a proposed for multi-family use as a buffer would not received the support of the neighborhood, If zoned 3F-10, the property would not be developed in 10 years because of an approximate $1,2 million dollar utility coats. Mayor Stewart asked who would do the building. Des Jardine responded he did not knows the property would be broken up into parcels, His interest was for quality development. Motion to deny failed 5 to 2 with Council Members Hopkins, Stephens, Alford, Rlddlesperger and Mayor Stewart casting the 'nay' votes. City of Denton city council minutes Meetingq of March 4, 1986 Page Eieven Hopkins motion, Alford second to approve the petition. Motion to approve carried 5 to 2 with Council Members McAdams and Chew casting the 'nay" votes. E. The Council held a public hearing concerning the request of Teasley Road Associates and the City of Dunton for proposed annexation of approximately 125.25 acres beginning at Kings Road and proposed Loop 28b, south of Oak Bend Estates, and south of Silverdome Road A-33. The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that 6 reply forma had been mailed with 0 returned in favor and 1 return--j in opposition, This annexation was primarily voluntary and the purpose was to seek zoning and City services. The next action on this item was to institute annexation on March 18. Plans of service were available. Mr. Virgil Strange, managing partner for Teasley Road Associates, spoke in favor. Mr. Bob Sikes, represent the Oak Bend Homeowners Association, spoke in opposition stating that they were not opposed to the annexation but rather were concerned about the development, They wished for the trees on the property to be saved. The Mayor closed the public hearing. McAdams motion, Chew second to continue the annexation process. Motion carried unanimously. 5. Ordinances A. The council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services, The following ordinance was presented: N0. H6-44 AN ORDINANCE ACCEPTIOG COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES! PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to a6opt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens 'aye,' Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was presented: NO. 86-45 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAV EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE SIDSI AND PROVIDING FOR AN EFFECTIVE DATE. ' -gym . r -+g, - sy;-y e-• _ a. s _ ar ~ - ef"3~=";5~'s City of Denton City Council Minutes Mooting of March 4, 1986 Page Twelve Chew motion, Alford second to adopt the ordinance, on roll call vote, McAdams 'aye," Hopkins mays," Stephens ways," Alford "aye,-0 Riddlesperger 'aye," Chew "eye," and mayor Stewart ways.' Motion carried unanimously. C, The Council considered adoption of an ordinance approving an easement abandonment i8outhridge Village Shopping Center and J.W. Erwin Replat). BQb Nelson, Director of Utilities, reported that agenda items C and D were routine abandonments, The easements had been purchased from Texas Power and Light; no lines were in place, The following ordinance was presented; NO. 86-46 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A CERTAIN UTILITY EA88MENT AS DESCRIBED HEREINI AND DECLARING AN EFFECTIVE DATE, Stephens motion, Chtw second to adopt the ordinance, on roll call vote, McAdams 'aye," Hopkins "aye, Stephens "aye," Alford 'aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye.' Motion carried unanimously, D. Ttee Council considered ,adoption of ai ordinance approving an easement abandonment (Al McNs4t Property). The following ordinance was presented: N0. 86.47 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A CERTAIN UTILITY EASEMENT AS DESCRIBED HEREIN? AND DECLARING AN EFFECTIVE DATE. Chew motion, Stephens second to adopt the ordinance, on roll call Vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford ways," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously, E. The Council considered adoption of an ordinance and service plan annexing 765.1 acres situated in the M.E.P. & P.R,R. Survey, Abstract 14701 the E,F, Anderson Survey, Abstract 161 the E,A. Orr Survey, Abstract 9831 the G.W. Anderson Survey, Abstract 12; the M.E,P. & P,R,R. Survey, Abstract 15021 and the T & P Survey, Abstract 1302, Denton county, Texas) being part of a trait known as the Golden Hoof Ranch and beginning eouth of U.S. Highway 380, east of FM 156, and west of Egan Road A-32, The following ordinance was presented) N0. 86-48 AN ORDINANCE ANNEXING A TRACT OF LAND CCNTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTIN^, OF APPROXIMATELY 765,1 ACRES OF LAND LYING AND BEING 81TUATE0 IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE E. A. ORR SURVEY ABSTRACT NO, 9831 THE T & P RAILROAD SURVEY, ABSTRACT NUMBER 13021 THE MEP & PRR CO, SURVEY, ABSTRACT NUMBER 14701 THE MEP & PRR CO. SURVEY, ABSTRACT N0. 15021 THE E. F. ANDERSON SURVEY, ABSTRACT NO. 161 AND THE G. W. ANDERSON SURVEY, ABSTRACT 12, DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE. } City of Denton City Council Minutes Meeting of March 4, 1986 Page Thirteen Chew motion, Hopkins second to adopt the ordinance, on roll call vote McAdams "aye#" Hopkins 'aye," Stephens "aye,' Alford 'aye,' Riddlesperger 'aye,' Chew "aye," and Mayor Stewart "aye." Motion carried unanimously, F. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 614.6 acres being part of the E. Pickett Survey, Abstract 1018, the N. Britton Survey, Abstract 51, the J. Rogers Survey, Abstract 1084, the J. Rogers Survey, Abstract 1085, and the B. Rogers Survey, Abstract 1101, and beginning north of Old Alton Estates, south of Ryan Road, west of FM 2181, and east of the G.C. i S.F. Railroad A-30. The following ordinance was presented: NO. 86- AN ORDINANCE ANNEXING A TRACT O? LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT LOT TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 614. ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STA'-" OF TEXAS AND BEYNG PART OF THE K. pICKETT SURVEY, AB- .iCT NO. 10181 THE N. BRITTON SURVEY, ABSTRACT N0. 511 TH,. J. ROGERS SURVEY, ABSTRACT NUMBER 30841 THE J. ROGERS SURVEY, ABSTRACT NO. 10851 AND THE B. ROGERS SURVEY, ABSTRACT NO. 11011 DENTON COUNTY, TEXAS► CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE, Chew motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye,' Stephens "aye," Alford "aye,' Riddlesperger "aye,' Chew "aye," and Mayor Stewart abstained. Motion carried 6 to 0 with Mayor Stewart abstaining, 0, The Council considered adoption of an ordinance setting a date, time end place for public hearings concerning the request of Bellaire West Parv.ners for annexation of approximately 103,2 acres beginning adyacent and north of Jim Christal Road, south of U.S. Highway 380 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Unaerwood Road A-34, David Ellison, Senior Planner, reported that the first public hearing would be held on March 18, the second public nearing would be held on April 1, Institution of annexation proceedings would be held on April 15 and final action would be taken on May 20. The following ordinance was presented: N0. 86-49 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. Hopkins motion, McAd.Ame second to adopt the ordinance. On roll call vote, McAdame "aye," Hopkins "aye," Stephens "aye,' Alford 'aye,' Riddlesperger "aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. H. The Council considered adoption of 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, David Ellison, Senior Planner, reported that. the first public hearing wot'Id be held on March 16, the second ;public hearing would be held on April 1, Institution of annexation proceedings would be held on April 15 and final action would be taken on may 20. i t F. City of Denton City Council Minutes Meeting of March 1, 1966 Page Fourteen The following ordinance was presented: NO. 86-50 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION Of CERTAIN PROPERTY AS DENRONBE TpXAS,EXANDIAUT~ORI ImmM A-" DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye,* Hopkins "aye," Stephens "aye," Alford "aye,' Riddlesperger "aye,' Chew 'aye," and Mayor Stewart "aye." Motion carried unanimously. 1. The Council considered adoption of on ordinance amending ordinance No. 85-119 to provide for a corrected legal description of the property thereby rezonedf and providing for an effective date z-1745, The following ordinance was presenteds NO. 86-51 AN ORDINANCE AMENDING ORDINANCE NO, 89,-119 TO PROVIDE FOR A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZONEDI AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew second to adoj~t the ordinance. On roll call vote, McAdams "aye,' Hopkins "aye," Stephens 'dye,' Alford 'aye,' Riddlesperger "aye,* Chew 'aye,' and Mayor Stewart *aye.* Motion carried unanimously. J. The Council considered adoption of an ordinance approving a change in zoning from the single family (SF-7) classification to the planned development (PD) district to permit the construction of office buildings on a 1.2 acre tract located on the east side of Carroll Boulevard approximately 500 feet south of Eagle Drive Z-1764. David Ellison, Senior Planner, reported that this petition had been approved in September, 1985, The property was already platted, building piano had been submitted to staff and all was ready to go. Public hearings had been held on the zoning and had been approved. The following ordinance was presented: NO. 86-52 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-10 Aa AMENDED, AND AS SAID MAP APPLIES TO 1.1 ACRES OF LAND LOCATED ON THE EAST SIDE OF CARROLL BOULEVARD APPROXIMATELY 500 FEET SOUTH OF EAGLE DRIVE, AND IS MORE PARTICULARLY DESCRIBED HEREIN) TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE- FAMILY "BF-7' DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY NOT TO EXCEED $10000.00 FOR VIOLATIONS THEREOPI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance, On ro:l call vote, McAdams 'eye,' Hopkins "a+all Stephens "aye,* Alford "aye," Riddlesperger *aye,* Chew *eye, and Mayor Stewart 'aye.' Motion carried unanimously. i City of Denton City Council minutes Keetinq of March 41 1986 Page Fifteen 6. Resolutions A. The Council considered approval of a resolution accepting the donation of $12,000.00 fr)m Mr. Clordie Branch for the, express purpose of aiding and contributing to the construction of a community recreational center, Council Member Chew expressed appreciation and thanks from the entire City Council and the City of Denton to Mr. Branch for his donation. A recreational center in this area would be a worthwhile asset to the community and was sorely needed. The following resolution was presented: R E B 0 L U T I 0 N WHEREAS, Clordie Branch is desirous of donating the sum of Twelvr, Thousand Dollars ($12000.00) to the City of Denton for the exprfisa purpose of aiding and contributing to the construc- tion of a community recrsational facility to be located at the intersection of Morse, Newton and Wilson Streets for the benefit of the citizens of Denton] and WHEREAS, the City Council is desirous of accepting such gift and acknowledges that said sum of money shall be used in accordance with the express wishea of Mr. Bronchi NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton hereby accepts the donation of Twelve Thousand Dollars ($12,000,00) by Mr. Clordie Branch and hereby agrees that said sum of money shall be appropriated solely for the purposes of constructing a community recreational facility at the intersection of Morse, Wilson and Newton Streets, said property being more particularly described as follows: All that certain lot, tract or parcel of land out of the Jonathan Brock survey, Abstract No. 55, Denton County, Texas= BEGINNING at the southeast corner of a tract of land conveyed to J. Homer Kerley, which beginning point is 161,5 varas east of the southwest corner of the Jonathan Brock Surveyl THENCE west with the south boundary lino of the Jonathan Brock survey, 100 varas to the southeast corner of a 1-acre tract known as the Jerry Jackson Tract: THENCE north with the east boundary line of the Jackson Tract, 89,8 varas to corner THENCE west with the north boundary line of the Jackson Tract 61,5 varas to a corner in the west boundary lino of the Jonathan Brock Surveys THENCE north with the west boundary line of the Jonathan Brock Survoy, 135.7 varas to a corner in the north boundary line of a tract conveyed to Pemberton and wife to J. Homer Kerley) THENCE east with the north boundary line of sal.d tract 153 varas to the northeast corner of said tracts THENCE south with the east boundary line of said tract conveyed by Pemberton to J. Homer Kerley 229.5 varau to thA place of beginning, City of Denton city council Minutes Meeting of March 4, 1966 Page Sixteen SECTION it. The SUM of Twelve Thousanri Dollars (0120000.00) shall be placed in Account No. 809-000-6176. SECTION III, The City Council hereby exprgsse its p reciAlion to Mr. Branch and the City Secretary is here y ~ireute~ ~o mail a copy Of this resolution to Mr. Branch and Council member Mark Chew. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4th day of March, 1986, RICHARD 0. STVWA9T0 MAYOR CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,/TEXAS APPROVED AS TO LEGAL FORM, DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, Stephens second that the resolution be approved. On roll call vote, McAdamr, "aye," Hopkins "aye," Stephens "aye," Alford "Aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye," Motion carried unanimously. S. The Council considered approval of a resolution closing Oak street (north side of the square) between Elm and Locust on April 18, 1986 from 700 p,m, until 1200 midnight for a Sesquicentennial dance. The following resolution was presentedi h E.9 O L-Q T I Q E WHEREAS, on Friday, April 180 1986, the Sesquicentennial committee is sponsoring a dance to be held on Oak Street (north side of the square) between the intersections of Elm Street and Locust Streets and WHEREAS, all abutting property owners of the street have given their permission to the temporary closing of said streatj and WHEREAS, the Sesquicentennial dance is open to the general public of the City ane County of Denton, and WHEREAS, in order to provide adequate space for the said dance and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Oak Street between Elm Street and Locus: Street from the hours of 700 P.M. until 12300 A.M. on April 18, 19861 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, i Fem. •.v ti.r Y..:i I City of Denton City Council Minutes meeting of match 46 1996 Page Seventeen 59CTION T. That Oak Street between Elm Street and Locust Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on April 18, 1986 from 7:30 P.M, until 12:00 A.m. for the purposs of holding a Sesquloantannial dance. SECTION II. That the portion of the above described streets shall revert back to the City for normal traffic activity immediately from and after 12:00 A.M. on April 18, 1986. SECTION III. That this resolution shall take affect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the 4th day of March, 1986. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLENt CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTOtI, TEXAS BY$ Riddlesperger motion, Chew second that the resolution, he approved. On roll call vote, McAdams 'aye,' Hopkins "aye," St:phens 'aye,' Alford "aye,' Riddlesperger "eye," Chew 'aye " and ~'ayor Stewart 'aye.' Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing a portion of Fry Street between oak Street and Hickory street from 8:00 a^ until 6:30 p.m, on April 19, 1986 for the annual Spring Renaissance, Mr. Ted Norman, President of the Sigma Alpha Mu fraternity, stated that the Sth annual Spring Renaissance would benefit this United Way. Last year the fraternity had contributed $1,000 to the united way, He understood that there had been complaints in the past regarding litters however, last year the fraternity stint out two crows to clean up after the event, Council Member McAdams asked Mr, Norman if he was aware that the businesses on Fry street objected to the fair due to loss of customers when the event was held on Saturday, Norman responded that the fraternity would prefer to hold the fair on Sunday but the church objected. Council Member McAdams stated that it had been discussed last year that the fair should be moved to another location. Norman responded that the fraternity could not pay the costs associated with renting another facility. Council Member Riddlesperger asked if Mr, Norman did not understand that the City Council wanted this fair moved onto the campus at North Texas State University. City of Denton City Council Minutes Meeting of March 40 1906 Page Ei@hteen Council Member McAdams stated that she personally felt the fair was wrthwhile but should be moved away from the church and the businesses. There were university facilities, such as the Arts Building or industrial Arts Building parking lots, which were in the area and could be used, She also stated that there was a street by the Pizza Hut and Jack in the Box which was away from the church and might be appropriate. Norman responded there would still be a need for electricity and the restroom facilities at the fraternity house. Council Member McAdams asked if all parties except the church were in agreement on holding the fair. Norman responded that 1800 people had signed a petition at last year's fair in support of the event. Council member McAdams asked Mr. Norman to pleaie check for alternatives. She was sympathetic to the studen`4. and felt they were an asset to the community but she was also sympathetic to the needs and wishes of the church and the businesses. Mayor Stewart stated that the students were a part of the Denton community lifer however, the fraternity should try to find another location and make peace with the businesses and the church. Council Member Alford stated that several businesses were concerned about ttae fair being held on Saturday and closing the street. Chew motion, McAdams second to table the request until March 18. Motion to table carried unanimously. D, The Council r,rildered approval of a resolution authorizing the Mayor to c,.,_.ute a pipe line license agreement between the City of Denton and the Missouri-Kaneas-Texas Railroad Company. Bob Nelson, Director of Utilities, reported that this was another routine time, The following resolution was presenteds R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF TN9 CITY OF DENTON, TEXASs The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated March 11 19851 between the City of Denton and the Missouri-Kaneas-Texas Railroad Company, relating to the construction, reconszruetion, use, maintenance, repair and installation of one twenty-four inch (244) sanitary sewer pipe line at Mile Post K-725,070 Denton County, Texas, PASSED AND APPROVED this the 4th day of March, 1986, RICHARD 0. STEWART, MAYOR CITY OF DENTON,TEXAS ATTESTS CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OP DENTON, TEXAS BY: MINNOW" City of Denton City Council Minutes Meeting of March 4, 1986 Page Nineteen Chew :notion, McAdams second that the resolution be approved. On roll call vote, McAdams "sye," Hopkins "aye," Stephens "aye," Alford "aye,' Riddlespsrger "aye,' Chew "eye," and Mayor Stewart 'aye," Motion carried unanimously. 7. There was no official action on Executive Session items of legal matters, real estate, personnel and board appointments, 8. No items of New Business were suggested by Council Members for future agendas. 9. The Council reconvened into the Executive Session to discuss legal matters real estate, personnel and board appointments. No official action was taken. With no further items of business, the meeting was adjourned, RICHARD 0, STE , MAYON CR RLOT E ALLEN, CITY 8 R ' RF 17238 i z tt` I City Council Minutes March l6, 1986 The council convened into the work session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Richard Steward Mayor Pro Tom Hopkinsi Council Members Alford, McAdams, Riddlesperger and Stephens ABSENT: Council Member Chew 1. The Council held a discussion of possible allocation of a 11 hotel/motel occupancy tax for the North Texas State Fair Association exposition center, Lloyd Harrell, City Manager, stated that the Fair Association was requesting a 11 increase of the hotel/motel occupancy tax and that the increase be allocated to the Association for an exposition center. Initial use of the funds would be for advertising and front-end planning work, The planning .-f the exposition center was not a short-term undertaking requiring, among other things, two zoning ohange requests and a buyer for the existing property. Harrell stated that currently the City levies a 61 tax - 31 to the convention and Visitors Bureau, 31 for the Cultural Federation. State law allows the city to go up to a 71 tax, and the additional 11 tax wes proposed to go to the Fair Association, The additional 11 tax increase would net approximately $500000 per year. Harrell told the Council that 11 of the allocation for the Denton Arta Council would be returned to the City when the arts for was completed, He stated that there were other needs !or the funds such as the Civic Center improvements and economic development needs. Mr. Harrell asked the Council for direction on this matter. He stated that if the council desired to move ahead on the ordinance, the staff needed to know, so that a legally correct contract could be prepared. He also asked the council th.at it they desired to proceed, it would be helpful if the Council indicated a sCrong sentiment that the 11 would come back to the city in later years for the Civic Center. Jim Roden of the Fair Association addressed she council. He introduced Mr, Troy LeGrone of the Board of Directors, Denton Arta Council. Mr. LrOrone read the Council a letter of support for the Fair Association, He alto stated that he knew that the area neighborhood would also support the new exposition center and moving of the fair out of that area. Mayor Stewart asked how long the Fair Association felt it would need the 11 funding, Jim Roden replied that it was not aa.sy to predict at this point in time. He stated that the Association did not know how fast the project would move along. Pe 3tal,r,d that the Association already had new property and that Liie Fair could be moved as soon as the old property was c1a, He stated that the Association had a 5-year option (n the new land and that the Association was committed to the new facility, He added that all of the major hotels in the area had said that the activities of the Fair enhanced their cperaCiona and were in support of the new facility, council Member Riddlesperger stated that he was enthusiastic about the concept, and that it could be one of the greatest things to happen to Denton. He asked Mr. Roden what the cost of the exposition center was going to be. Mr. Roden replied that it would be similar to Austin's and would be approximately a $10 million project, including the land, Council Member Chew joined the meeting, City of Denton city council Minutes March Is, 1966 Page 2 Stephens motion, Hopkins second to instruct staff to prepare an ordinance raising the hotel/motel occupancy tax It and that those funds be allocated for the North Texas State Fair Association exposition canter, Council Member Hopkins stated that this was a fantastic project and that Denton had a real need for this type of project, Mayor Stewart stated that the City did hope and plan that some day the Fair Association would be self-supporting end, somewhere along the line, the 11 would return to the City, Motion passed unanimously, 1, The Council held a discussion on a proposed planned development ordinance, David Ellison, Senior Planner, stated that the staffs of tho Planning Department and Legal Department has been working six sronthe or more on this proposal, The general purpose of the proposal was to clean up administrative problems with existing planned development stipulations. He stated that many existing planned developments were being subdivided, which was causing problems, Council Member Stephens asked about a reversion clause, Cecile Carson, urban Planner, stated that the new ordinance would not have such a clause, but, rathor, each case would be reviewed on an individual basis, She stated several differences between the existing and proposed ordinances 11) size differences, (2) a site plan would be preacnted early in the development, (3) the vagueness of the existing ordinance would be eliminated, with the new ordinance listing ditferent requirements that must be done, and (4) the final development plan could be used as a preliminary plat, Me. Carson asked if the Council had other items they wanted included in the ordinance. Council Member Stephens stated that he was glad to see this come about- and asked if this would force developers to have serious plans up front. Carson replied yes _ the new ordinance would clarify development planning, Mayor Stewart asked if Community Development had any plan tc revert or review planned developments that were not completed at this time, Carson replied that, at this time, there were no plan,,, to do that, but if the Council wanted them to, they would do it. Debra Drayovitch, City Attorney, Stated that a planned development was suppose to be just that - 'planned', so that Utilities and the infrastructure would be able to plan for the future. Right now, it was not like that, Ellison stated that three things were needed for Denton: a change in the cumulative zoning process, a reviewed planned development ordinance, and a new zoning ordinance with performance standards, This ordinance would be a good start or those uhanges, 3. The Council he16 a discussion of the proposed 1986-87 budget calandar. city of oonton city council minutes March 18, 1986 Page 3 Lloyd harreil, City Manger, reviewed A memorandum prasented to the Council. He stated that thn first item on the memo indicated new steps for the budget process for the Council. A questionnaire would be sent to the Council for early input, The second ittm indicated that around June 24-25, after the staff deliberated, but before formal budget hearing, the staff would identify mayor budget issues that are emerging and uffer alternatives for them, The staff would then ask for input from the Council. Harrell stated that these changes would require early input from the Council, but should be very helpful. The last three items on the memo were additional information for a clearer budget. Council Members Hopkins, Chew and McAdams stated that the cew procedures looked very good. 4. The Council convened into the executive Session to discuss legal matters, real estate, personnel and hoard appointments. No official action was taken. The Council convened into the Regula Meeting in the Council chambers. PRESENT: Mayor Stewartt Mayor Pro Tom Hopkinet Council Members Alford, Chew, McAdams, Riddlesperger and Stephens ABSENT: Nona 1. Consent Agenda Stephens motion, Chew second to approve the consent Agenda as presented, motion carried unanimously. Consent Agenda: A, Bidet 1, aid 4 9585 - Tires and tire repairs 8. Plats and Replats; 1, Approval of preliminary artd final replats of the Fry Addition, Lot 2R, Block 3, and part of the Kwik Kar Addition, (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Bothol Temple Parsonage Addition, Lot 11 Block 1. (The Planning and Zoning Commission recommends approval.) 3. Approval rf preliminary plat of the Fred Moore Addition, Lot 1, Block 1. (Tile Plannin~j' and Zoning Commission rocommends approval.) 4. Approval of preliminary plat of the McKinney Street Baptist Church Addition, Lot 1, Block i, (The Planning and Zoning Commission recommends approval.) C. F1,nal Paymentet 1. Consider approval of final payment on the Stanley Thomas Drainage Project (Bid No. 9454) to Bar Constructors, Incorporated, In the amount of 06o,926,84. r City of Denton City council minutes March 18, 1986 Page 4 D. Contracts; 1. Consider approval of a contract between the City of Denton and the Texas Department of Community Affairs for $100,000 for iental housing rehabilitation, E. Tax Refunds; 1. Consider approval of a tax refund to Stewart Title of Denton County, Inc., in the amount of $662,04. 2. n e council considered approval authorizing the Spring Fling committee to hang banners advertising the 1986 Spring Fling over various city streets. Harlan Jefferson, Administrative Assistant - Finance informed the Council that, as in the past, the Spring Fling was requesting permission to hang banners on various city streets advertising the Spring Fling. The Spring Fling will be April 18, 19 and 20. Two banners would be hung north of the Square on M and Locust Streets, two on Carroll Blvd., and two on Bell Avenue. Hopkins motion, Chew second to approve the request as presented, motion carried unanimously. 3. The Council considered removing from the table the resolution temporarily closing a portion of Fry Street for the annual Spring Renaissance. Riddlesperger motlon, Hopkins second to remove the item from the table. Motion carried unanimously. 4. The Council considered approval of a resolution temporarily closing at portion of Fry Street between Oak Street and Hickory street from 8;00 a,in, until 6.30 p.ai. on April 19, 1986 for the annual Spring Renaissance. Ted Norman upoke on behAlf of the Renaissance, He stated that the Renaissance proceeds benefited the United Way of Denton and asked that the Council consider approval of closing the street. He stated that the Fair had considered alternate sites and data, Sunday, and had spoken to the pastor of Grar•e Temple Baptist Church. The paator, along with other merchants in the area, had given their approval of Sunday, April 27, Certain stipulations were given with the consent of the church and merchantsi one merchant wanted the Fair to help pay for security, so no one got on his roof this years the church wanted the Fair to clean up after the events were over, not start the music until church services were over around 12115 p.m., not allow parking on the church lot. The dates for the Fair would be changed to April 27 with a rain date of May 4. Riddlesparger motion, Chew second to approve the request with the above stipulatione included. on roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesparger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. Council Member McAdams stated how much she appreciated the cooperation of the parties involved and especially the cooperation of Grace Temple Baptist Church in giving the Fair an opportunity. Council Member Hopkins agreed with McAdams and stated that there was an agreement everyone could be proud of and cculu move on with it. i city of Denton City Council minutes March 18, 1986 Page 5 5. Public Hearings A. The Council held a public hearing to consider , adoption of an ordinance amending Appendix-9 Zoning of the Code of ordinances of the City of Denton, Texas, to allow art galleries and museums in residential districts by specific use permit. The Mayor opened the public hearing. Mr. Bullit Lowrey, Chairman of the Denton County Historic Commission, spoke in favor of the petition. He stated that a specific proposal would be coming to the Council should this proposal be passed and that he would like to reserve his remarks for that occasion. No one spoke in opposition, The Mayor closed the public hearing, Denise Spivey, Urban Planner, reported that this was a request to amend the City's zoning ordinance to permit art galleries and museums in single family districts. She stated that the key to the change was that it would be done only with a specific use permit which would give the Planning Commission and the City Council a chance to review site plans for each specific instance, and the Council could consider each request on an individual basis. The Council could also impose development conditions on these sites it felt were necessary to protect neighbors and property owners in the surroundinn areas. A time period could also be attached as a condition to this type of specific use permit. 1, The Council considered adoption of an ordinance amending Appendix-8 Zoning of the Code of Ordinances of the City of Denton, Texas, to allow art galleries and museums in residential districts by specific use permits providing for a penalty in the maximum amount of $1,000,00 for violations thereof. The following ordinance was presented; NO. 86-53 AN ORDTNANCE AMENDING APPENDIX S-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO ALLOW ART GALLERIES AND MUSEUMS IN RESIDENTIAL DISTRICTS BY SPECIFIC USE PERMITS PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 1,000,00 FOR VIOLATIONS THEREOP'J AND PROVIDING FOR AN EFFECTIVE DATE, Stephens motion, VIddlesperger second to adopt the ordinance, on roll call vote, McAdams "aye,' Hopkins "aye," Stephens "aye," Alford 'aye,' Riddlesperger "aye,' Chew "aye,' and Mayor Stewart "aye." Motion carried unanimously, B. The Council held a public hearing concerning the request of Bellaire West Partners for annexation of approxi- mately 103,2 acres beginning adjacent and north of Jim Christal Road, south of U,S. Highway 380 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road (A-34), The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor of the petition. He stated that this was a voluntary annexation with a requast for light industrial. zoning request in the worKS, one reply form was mailed, zero returned. The Planning and Development Department had no problem with this request, as there is no existing population or structures that would be affected. city of bonton City Council Minutei March 18, 1966 Page 6 No one spoke in opposition, The Mayor closed the public hearing. Stephens motion that the Council proceed, McAdams second. The motion carried unanimously. C. The Council held a public hearing concerning the proposed annexation of approximately 226.70 acres being part of the J. Ayers Survey, Abstract 21 W. Burleson Survey, Abstract 931 J. Burleson Survey, Abstract 911 S. M, Williams Survey, Abstract 12821 J, Carter Survey, Abstract 2371 W. Pogue Survey, Abstract 10131 and the F. Jaime Survey, Abstract 661, and beginning east of 1-35 north and continuing in an easterly and northeasterly direction generally along Rector Road to a point approximately 21500 feet west of FM 2164 (A-40). The Mayor opened the public hearing, David Ellison, Senior Planner, reported that 10 reply forms were mailed, zero were returned in favor and two in opposition. He stated that this area had a potential for development and that the City needed to protect its water resources which was the justification for the annexation. The city was proposing to extend its ETJ as far as possible without affecting its neighbors, such as Sanger. He stated that Planning staff did riot know all of the legal implications of the actions that had been taken by Sanger. He stated that control of development in this area was critical, and he cited an example of a proposed development in this general area which was considering using septic package plants which would be v"ry detrimental to our lakes and future water sources, Council Member Stephens asked if a creek in the area could be used as a natural boundary for the ETJ. Ellison replied no, that they try to use existing roads and existing survey lines as natural boundaries which make it easier to write legal descriptions. Ceorge 01feon spoke in opposition. %v owned some land beyond Clear croak and felt that all required services for that area were already there. He felt that the area did not need further services, that the annexation would not improve the situation in that area. M. C. Burch spoke in opposition. He stared that the newly annexed property would not increase fire and police protection, Without any extra fire or police protection, what was offered the newly annexed areas besides increased taxes? The Mayor closed the public hearing. Ellison added that the next public hearing would be April 1, 1986. Council Member McAdams stated that the City was trying to protect its future water supply by annexing this area. A Linger was extended not intended to bring in revenue through taxes, but rather so that the City would be in control of that land in order to ensure what type of development goes into that area, Mayor Stewart added that the City of Fort worth was having a problem with its water supply, due to many septic tanks :n the developments around the lake and that they were polluting the %atnr supply. city of '.,snton city council minutes Karch Y , 1986 Pag♦ 7 Council Member McAdams replied that once the septic systems were in, it was too late to have them repeoved, and this annexation was An attempt to ensure that it would not happen in Denton, mcm ams motion, chew second to continue proceedings. Motion carried unanimously. D. The Council held a public hearing to consider adoption of an ordinance designating certain retail estab'.ish- ments, public buildings, and food establishments as nonsmoking areasl providing sign, requirements) providing minimum standards for nonsmoking areast requiring written policies implementing this articles and prohibiting smoking in designated nonsmoking areas, The Mayor opened the public hearing. Alton Donsbach read a statement from his wite, Roberta, in strong support of the ordinance, The letter read that life would be easier for smokers and nonsmokers. Tae smokers would know clearly where they could dine and smoke without interruption, and the nonsmokers would be able to move about in public places without being caught in a line behind a smoker, The letter also stated that the ordinance was fair and reasonable. Carol Hyatt spoke in favor of the ordinance, She hoped that the ordinance would pass so that nonsmokers could have their rights, P, H. Chumbly spoke in favor of the ordinance. He stated that he was against smoking in public places. He h>ped the Council would pass the ordinance. Bob Gorton, Director of Hospital Safety for Flow Hospital, spoke in favor of the petition. He stated that the proposed smoking ordinance was exactly the same as the policies Flow already had, but that Flow lacked enforcement of their policies, With this ordinance, Flow would have a method to enforce their own policies. Council McAdams asked if Flow fit into a retail or service establishment. Gorton replied that, at this point in time, Flow was still owned by the City and County, and everything proposed Lor a City office would Lail within those guidelines. Debra Drayovitch, City Attorney, stated that there were specific guidelines in the craft that addressed hospitals, not only Flow, but also Westgate and First Texzs. Roz Seidenste£n spoke in favor of the petition, She stated that research showed that smoking was hazardous to smokers and nonsmokers as well. She also stated that she and some of her friends would not frequent certain establishments in Denton due to the problems with smoking, Shy believed that the ordinance would retain the rights of those who did smoke and those who did not. Joyce Palmer spoke in favor of the petition. She stated that smoking was very apparent at the Golden Trithngle Mall. She said that her not smoking was not going to harm anyone's health, but that smokers could hurt her health. LaVon Fulwiler spoke in favor, She had always been proud of Denton because of its clean air, but, in recent months, it had gotten very bad. She heartily encouraged the passing of this ordinance. / k City of pentop city council minutes karch 18, 1986 Page 6 Shirley Garfa spoke in opposition to the petition. She stated that she had an allergy to strong perfumes and colognes, but didn't think that an ordinance would ever be passed that prevented people from wearing perfumes and colognes. When she encountered a problem, she would get up and move from the area, she didn't expect the other person to move, she felt that the ordinance was all right if it had designated places for smoking, but when it came to public buildings and places, she paid taxes on those as well as the nonsmokers, part of her tax to the federal government went to subsidize the tobacco growers. She could not understand this. If smoking was so bad for Americans, why was the federal government paying tobacco growers to grow it? She felt that the ordinance was unfair, unless facilities were equal for smokers and nonsmokers, M,C. Burch spoke in opposition, He stated that smoking relieved some pressures in life, settled nerves. He liked the privilege of smoking and, if it bothered someone, there was something they could do about it, and that was to travel. Bill Graham, owner of the Texas Pickup Cafe, stated that he was particularly interested in the food establishment section of the ordinance. He spok,r for many of the other owners of food establishments who asked that the votr be postponed until the next session. He stated that he would like no smoking through- out his restaurant, but, on behalf the other restaurant owners who were not aware of the exact wording and had questions about how the ordinance was going affect them, he asked the Council to postpone their vote, He stated that, overall, most of the restaurant owners supported the ordinance, He felt that the ordinance was well drafted, The Mayor allowed for rebuttal, No one spoke in rebuttal. The Mayon closed the public hearing. Debra Drayovitch, City Attorney, asked the Council if they would like to hear from Bob Hunter, Assistant City Attorney, who was responsible for drafting the ordinance. He revisea the ordinance according to the conditions expressed at the last meeting, Bob "unter stated that, at the last workshop, the Council had two mayor concerns - certain types of retail establishments not be affected by the ordinance, primarily service establishments, and t~,at a provision should be in the ordinance for exempt establishments to post a sign near the entrance stating that there were no nonsmoking areas. Those conditions were entered into the ordinance. Council Member McAdams asked if a real estate office was a service establishment, along with an insurance company, and auto repair shop. Hunter replied yes, Council Member Chew stated that he felt the ordinance was dictating too much. He felt that to make it mandatory for any establishment to have to put up a nonsmoking sign or a nonsmoking area in a small service area is ridiculous. Hunter replied that the way the ordinance was presented now, certain establishments were exempted, For example, the ordinance exempted food establishments with indoor seating of less than 50 and those establishments with 70% of gross sales from the sale of alcohol. service establishments were not uxemptedt they simply were not addressed, t city Of Dntoe city Council Minutes March 18, 1986 Page 4 Council Member Stephens asked if clothing stores were covered under the ordinance. He also asked if the universities were under the ordinance. Hunter replied that both were covered in the ordinance, unless the clothing store met one of the exemptions regarding square footage, Council Member Stephens asked if administrative offices in universities were covered, Hunter replied that they were exempted. Council Member Stephens asked if public hallo and classrooms were covered by the city ordinance and, if so, how could that be enforced over state property, Hunter replied that certain city ordinance could be enforced on state property. Council Member McAdams asked exactly where In the ordinance did universities fit. 4unter replied that he stood corrected - that universities were iot covered, The ordinance was drafted after the Dallas >rdinance, and it did not address universities. He stated that libraries and museums which were on university campuses would be covere4, Council Member Hopkins asked how much of a problem would it be to enforce the ordinance. Hunter replied that the sections dealing with sign posting and written policies could be easily enforced through the Health Department and through filing with the Municipal Court. Complaints agriinst individuals who violated the no smoking provisions of the ordinance would be difficult to enforce, because, in order to file a complaint against an individual, the name of the person and an address would have to be known. That type of information may be difficult to obtain, Council Member Hopkins made the point that this probably was not an enforceable ordinance - it gave the situation for nonsmokers and sookers to have an area designated for aach. He felt that It was more of a resolution than an a law. He felt that the intent o' the ordinance was to gat people to respect other people in coLcoln areas. Council Member Riddlesperger stated that enforcement would take a nonsmoker to complain and that because of the nature of the law, it was respected by the smokers. Council Member Alford asked if the restaurant owners who put up the signs were responsible for enforcement. Drayovitch replied that this was correct, The restaurant owner could enforce the ordinance if perhaps he received a complaint from one patron who was offended by another patron, The owner could attempt to obtain the name and address of the violator. Council Member McAdams was concerned that university classrooms were not included in the ordinance, Drayovitch stated that those could be added if the council so wished, I n ~ : . n.,-<... , , x.... x~ , 5 f .mss, xa.* .n: City of Denton city council Minutes March 18, 1996 Page 10 Councl;. Member Hopkins asked if it would not be possible to postpono the vote to allow the food establishments an opportuni.v to review the ordinance during the week and to sea what additions or corrections they had to offer. Council Member Riddlesperger did not ass any reason to postpone the vote, because the small Lvod establishments were exempt, Council Member McAdams asked which City areas would be excluded, such as the Civic Center and the Visual Arts Center. She asked if smoking was allowed in those buildings now, Mayor Stewart replied that smoking was allowed in those building at this time. Council Member Riddlesperger stated that, if those buildings were exempt, a no smoking area could still be established in certain areas of the buildings. Riddlesperger motion to adopt the ordinance with an effective date of June 11 1966 with the amendments excluding the Civic Center, the Visual Arts Center, and the universities, Council Member McAdams asked for a 90-day enforcement date in order to allow enough time for compliance for space rearranging and posting of signs. Drayovitch suggested the date of June 1 as a compliance date or July 1. Council Member Alford asked about TWU Involvement as only NTSU had been discuse9d. Were the libraries and museums at TWU covered? Council Member Riddlesperger felt that the city should let those institutions make their own rules, Council Member McAdams did see how they were different from any other business, Motion died for lack of a second. McAdams motion, Hopkins second to table the ordinance until the next regular Council meeting, Motion passed on a 6-1 vote with Council Member Chew casting the 'nay' vote, 61 Ordinances A. The Council considered adoption of an ordinance accepting competitive bit's ana providing for the award of contracts for the purchase of materials, equipment, supplies or servicee,t providing for the expenditure of funds therefore and providing for an effective date. The following ordinance was preaentedt NO. d6-54 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPP"IES OR SERVICES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE, Hopkins motion, McAdams second to adopt the ordinance. On roil call vote, McAdams "aye,' Hopkins *aye,* Stephens 'aye,' Alford "aye," Riddlesperger 'aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. City of Denton City Council Minutes March 160 1986 Page 11 B. Consider adoption of an ordinance providing for temporary no parking on both sides of North Carroll Blvd. from 250 feet north of Fain Street to Sherman Drive during the spring Fiing on April 19 and 200 1986. The following ordinance was presented N0. 86-55 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD TWO-HUNDRED FIFTY FEET (250') NORTH OF FAIN STREET TO SHERMAN DRIVE DURING THE ANNUAL SPRING FLING TO BE HELD APRIL 19 AND 20, 19861 PROVIDING A SEVERABILITY CLAUSEI PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS1 AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye,' Stephens 'aye," Alford "aye," Riddlesperger 'aye," Chew "aye," and mayor Stewart 'aye,' Motion c:ar., LdL Li,animously. C. The council considered adoption of an ordinance approving an employment contract between the City of Denton and Dr. Keith Krein for professional services relating to the City Emergency Medical Technician Program. The following ordinance wns presented: NO. 86-56 AN ORDINANCE APPRO%J'4G AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF DE11TUN AND DR. XEITH KREIN FOR PROFESSIONAL SERVICES RCLATING TO THE CITY EMERGENCY MEDICAL SERVICE PkOGAAM AND DECLARING AN EFFECTIVE DATE, Rick Svehla, Assistant City Manager, told Council that this was an ordinance to approve a contract with Dr. Krein who provides training and evaluatiors of procedures for the City Emergency Medical Technician Program. McAdams motion, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "ays," Riddlesperger "aye,' Chew "aye," and mayor Stewart "aye." Motion carried unanimously. D. Item D was removed by staff, E, The Council considered adoption of an ordinance amending Table I of Article 4.03 of Appendix At Denton Subdivision Ordinance, relating to street standards and policies. The followinU ordinance was presented: NO. 86-57 AN ORDINANCE AMENDING TA9LE I OF ARTICLE 4,03 OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY 0,? DENTON, TEXAS, RLLATING TO STREET STANDARDS AND POLICIESi AND PROVIDING FOR AN EFFECTIVE DATE. JJ? 1 city of Denton City Council Minutes March 18, 1986 Page 12 Rick Svehla, Aaeistant Cite Manager, stated that Chia ordinance provided for a few changes in street designs that the city of Denton uses. Basically, the street widths would be reduced from 121 to 111 and some of the right-of-way requirements had been reduced, particularly on primary arterial divided and undivided streets from 1201 to 100' with the provision that the right-of-way would be widened back out to 120' at major intersections. It also provided more detail for estate subdivisions in terms of vehicle capacity, design speed, etc. Council Member Stephens asked about the width of Lillian Miller and how it fit into the ordinance. Svehla responded that Lillian Miller was a secondary arterial (251), Council Members Stephens questioned if 251 was too narrow for a street as busy as Lillian Miller. Svehla stated that those were the standards the Highway Department used, He pointed out that Lillian Miller was not complete at this date and that when both halves were completed, the road would be a good-sized road. Council Member Stephens asked if the size could be increased to something a little larger and safer, say 281, Stephens motion, Riddleeperger second to adopt the ordinance with an amendment to increase secondary arterial streets to 281 from 251. Council Member McAdams asked how Lillian Miller compared to other streets, in regarJ to driving width, where there was parking on both siaes of the street. Svehla replied that it would depend on the street in question. Most residential street were 451 in width, With parking on both sides of the street, the width would be reduced to 221. On roll call votb, McAdams 'nay,' Hopkins "nay," Stephens "aye," Alford *nay,* Riddleeperger "aye," Chew "aye," and Mayor Stewart ".,ay," Motion failed on a 4-3 vote, Hopkins motion, McAdams second to adopt the ordinance as written. On roll call vote, McAdams "aye,' Hopkins "aye,' Stephens "nay," Alford *aye,* Riddleeperger "aye," Chew *nay," and Mayor Stewart *aye." Motion carried on a 5-2 vote, F. The Council considered adoption of an ordinance and service plan instituting annexa`.ion of ai,proximately 125,25 acres beginning at Kings Road and proposed Loop 288, south of Oak Bend Eetates, and south of Silverdome Road, (A-33) The following ordinance was presented: 86- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING 0: APPROXIMATELY 125.25 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STAT3 OF TEXAS AND BEING PART OF THE D. CULP SURVEY, ABSTRACT NO. 2871 J. COLTART SURVEY, ABSTRACT NO. 2881 AND THE T. LIVING SURVEY, ABSTRACT NO. 729, DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A' DISTRICT PROPERTYt AND DECLARING AN EFPECTIVE DATE. City of Denton city council Minutes March 1A, 1906 Page 13 Chew motion, McAdams second to adopt the ordinance. On roA.l call vote, McAdams "aye,' Hopkins "aye," Stephens "aye," Alford 'aye," Riddlesperger "aye, Chew "aya," and Mayor Stewart *aye." Motion carried unanimously. 0. The Council considered adoption of an ordinance approving a change in zoning from the multi-family (MF-1) and general retail (OR) classification to the planned development BPD) district to permit the construction and development of a medical center and hospital on a tract located on the west side of Bonnie Brae Street approximately 500 feet north of West Oak Street, (Z-1741) The following ordinance was presented: NO. 86-58 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODS OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1 AS AMENDED, AND AS SAID MAP APPLIES TO 4.844 ACRES OF LAND LOCATED ON THE WEST SID? OF BONNIE BRAE js,0 EET APPROXIMATELY 500 FEET NORTH OF WEST OAK ,STREET, AS 13 MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM GENSRAL RETAIL "GR" AND MULTI-FAMILY "MP-l' DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION) PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance, On roll call vote, McAdams 'aye," Hopkins 'aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart *aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the planned development (PD) district to permit light industrial land uses on a 63.7-acre tract located at the southeast corner of FM 1515 (Airport Road) and Underwood Road. (Z-1751) The following ordinance was presented: NO. 86-59 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF r,ADINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 6347 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF FM 1515 AND UNDERWOOD ROAD, 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 CLASSIFICATION AND USE DESIGNATIONS PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $11000,ou FOR VIOLATIONS THEREOF! AND PROVIDING FOR AN EFFECTIVE DATE, Alford motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins 'aye,' Stephens "aye,' Alford "aye," Riddlesparger "aye, Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. r~~sr . City at Denton City Council Minutes March 38, 1986 Page 14 I. The Council considered an ordinance approving a change in zoning from the agricultural (A) district to the light industrial (LI) classification on a 3.7-acre tract located on the west side of Cooper Creek Road approximately 150 feet north of U.S. Highway 380. (Z-1757) The following ordinance was presenteds NO. 86-60 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 64-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 3.7 ACRES OF LAND LOCATED ON THE WEST SIDE OF COOPER CREEK ROAD APPROXIMATELY 150 FEET NORTH OF U.S, HIGHWAY 380, AS IS MORE PARTICULARLY DESCRIBED HEREINI TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO LIrHT INDUSTRIAL 'LI" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF 11,000 FOR VIOLATIONS THEREOPI PROV'DING FOR A SEVERABILITY CLAUSES AND DECLARING AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance, On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesper,er "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 3. The Council considered adoption of an ordinance approving a change in toning from the two-family (2-F) district to the plar+ne, development (PD) classification to permit the development t an office building on a 0,426-acre tract located at the so%.'heast corner of Carroll Boulevard and Prairie Street, (Z-.770) The following ordinance was presented: NO. 86-61 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-10 AS AMENDED, AND AS SAID MAP APPLIES TO 0.426 ACRE OF LAND LOCATED AT THE SOUTHEAST CORNER OF CARROLL BOULEVARD AND PRAIRIE STREET AS IS MORE PARTICULARLY DESCRIBED HEREINI TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM TWO-FAMILY 12-F" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT 'PD" DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY NOT TO EXCEED 11000.00 FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN FFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye,' Alford "aye," Ridd3espergur "aye," Chew 'aye,' and mayor Stewart "nay," Motion carried with a 6-1 vote, K. 'he Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) district ha the planned development (PD) classification to permit the uevelopment cf 100 single family detached lots with a minimum lot size of 7,000 square feet on a 22.7-acre tract located approximately 1,000 feet west of Mockingbird Lane and approximately 1,000 feet south of Audra Lane, (Z-1775) 1 City of Denton city council minutes March 16; 1966 Page 13 The following ordinance was presented= NO. 86-62 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 22.7 ACRES OF LAND LOCATED APPROXIMATELY 1,000 FEET SOUTH OF AUDRA LANE AS IS MORE PARTICULARLY DESCRIBED HEREIN1 TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FRAM AGRICULTURAL 'A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION] PROVIDING FOR A PENALTY NOT TO EXCEED $1,000.00 FOR VIOLATIONS THEREOF PID PROVIDING FOR AN EFFECTIVE DATE, McAdams moticn, Chew second to adopt the ordinance, On roll call vote. McAdams "aye," Hopkins 'aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye,' and Mayor Stewart "aye." Motion carried unanimously. L. The Council considered adoption of ordinance approving a change in zoning from the agricultural (A) classificatiDn to the planned developmeiSt (PD) district to permit office, hotel, bank, movie theatre, gasoline service station, public or private park or open space, parking lot or garage, medical center or hospital, convenience store, retail shops, and chopping center land uses on a 25.6-acre tract located on the south side of U.S. Highway 77 at its intersection with proposed State Highway Loop 288, (Z-1780) The following ordinance was presented: NO. 86-63 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME SIAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 64-1, AS AMENDED, AND AS SAID MAP APPLIES TO 25.6 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF U.S. HIGHWAY 77 AT ITS INTERSECTION WITH PROPOSED HIGHWAY LOOP 288, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHA14GE IN ZONING CLASSIFICATION FROM AGRICULTURAL 'A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DIS'.'RICT CLASSIFICATION AND USE DESIGNATIONt PROVIDING FOR A PLIIALTY IN A MAXI,4UM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF] AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the motion. On roll call vote, McAdams 'aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew 'aye," and Mayor Stewart "aye." Motion carried unanimously, M. Item M was pulled t-y staff. 7. Resolutions A. The Coun~.il considered approval of a resolution adopting one personnel policy: Overtime 106.04 i or City of Denton City Council minutes match 18, 1986 rage 16 The following resolution was presented: R E S O L U T I O N WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented a proposed policy reggarding employee rules and regulations for the Council's consideration1 and WHEREAS, the City Council desires to aaopt such policy as an official policy regarding employment with the Cityi NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the city of Denton, Texas: Overtime (Reference No. 106.04) SECTION It. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary. SECTION 111. The previous policy relating to Overtime (Reference No. 106.04), adopted by Resolution of this Council on February 6, 1986 is hereby rescinded. SECTION IV. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 18th day of March, 1986. RICHARD 0. STEWART, 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 BY: r city of Denton city council minutes March 18, 1906 Page 17 PauleL a Owens-Holmes, Program Administrator, stated that this was a revision of the existing overtime policy. The revisions reflected compliance with LFSA standards which would go into effect April 150 1986. Council Member Hopkins asked what the major changes were in the policy. Holmes replied some of the revisions were: non-exempt employees would he able to accumulate 80 hours of unused compensatory time, nor:-exempt and Civil Service employees who leave the City due to resignation would be able to collect some of that compensatory time, regular full-time, non-exempt and civil Service employees would be able to work s part-time job in another department with some restrictions and safety employees would be able to accumulate up to 80 hours of unused compensatory time upon supervisory approval. Hopkins motion, k'new second that the resolution be approved. on roll call vote, McAdams "aye,' Hopkins "aye,' Stephens 'aye,' Alford "aye," Riddlesperger "aye,' Chew "aye," and Mayor Stewart *aye.* Motion carried unanimously, B. The Council considered approval of a resolution adopting one (1) personnel policy: Longevity Pay 106.07 The fallowing resolution was presented: R E S O L U T I O N WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policy as an official policy regarding employment with the Cityr NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON THAT: SECTION I. The following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: .ongevity Pay (Reference No. 106.07) SECTION 11. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary, SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 19771 and the Longevity Pay Policy adopted November 3, 1985, are hereby rescinded to the extint they conflict with the foregoing policy and administrative procedures and directives issued under the authority of the City Manager implementing the policy hereby adopted. i City of D*nton city council minutes Msrch 18, 1916 Page I$ sef"TION IV. This Resolution shall become effective immediately upon its , passage and approval. PASSED AND APPROVED this the 18th day of March, 1986. RICHARD 0. STEWART, 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 BY : Paulette Owens-Holmes reported that thero was an error in '.he original policy as stated, The inclusion was the rate of $4/month for each consecutive year of service for Civil Service employees. Hopkins motion, Chew second that "he resolution bp. approved, On roll call vote, McAdams 'aye," Hopkins "aye," Stephens "aye,• Alford "aye," Riddlcaperger "aye," Chew "aye," and Mayor Stewart "aye,' Motion carried unanimously. 8. The council considered approval to t,egir, the annexation process for Vacation Village Estates. (A-25) David Ellison, Senior Planner, reported that Vacation Village needed help in terms of basic servicos that affect their quality of life as it currently exists and in terms of future. From a staff perspective, it was for the above reason that annexation at thin time would not be a very good idea for the City of Denton. This was based on a cost/bunefit examination. Ellison reported that 58 residents of Vacation Village approached the City w:th the original request, and he emphasized that this was not a mobile home park, but an established subdivision with individually owned tracts. The Public Works Department had stated that if approximately 3.5 miles of streets were to be improved, upgraord ur rebuilt, the cost would be more than one million dollars, The same would hold true for drainage improvements, The Fire Department stated that there was lack of sufficient water capacity, lack of fire hydrants, etc. The response time of the Fire Department from the McKinney Street Station would be 4.9 minutes. The Pol&ce Department would require four additional patrol officers, and one additional vehicle would be needed if the annexation was approved within the next operating budget. The Utility Deparcment had estimated that for just providing haslc utility ''pgrading of the internal lines, not off-cite util'ttes from the nearest lines, would cost s1~out $63,000.00. To extend t:•e major off-site line from its existing terminus to Vacation Village would cost approximately { City Of Denton City Council K1nut*4 March 180 1986 Page 19 $258,000,00. The Utility Department had recommended that the cost of these extensions be handled through some sort of assessment program. Staff recommendation wa not to annex at this time, Council Member Hopkins asked at what point in time mould staff feel that it would be a viable situation to annex, He also asked that, with the growth occurring to the east from Mayhill all the way out to the Lake, would it not be that long before services would be at Vacation Village's doorstep and available to them? Ellison replied that he did not feel it would be in the next year or two and, even if that were the case, there were still some very basic questions that needed to be answered, especially the question of assessment. Council Member Hopkins asked if the people there could be asked of how they felt about that type of assessment. Explain that it would not be a viable situation for the City to annex them. Perhaps the people could offer a solution, Ellison stated that the people there had been very patient, but, in his professional view, it would not be a good move for the City until more development occurred in the area. Council Member Hopkins felt that the time would not be too far off. He stated that it was obvious these people needed help and, as the watershed area was developed as well an those adjacent grounds around the lake, there would bP more at stake than one small piece of property. Council Member Stephens asked how Close to Vacation Village would be the Initial construction of Lakeview, Ellison replied that if Lakeview extended the utilities across the full width of the tracts they own, they would end at the point where Vacation Village begins. Council Member Stephens stated that the residents could then hook on to the sewer lines and solve some of the health problems. Ellison stated that the residents would have to extend the off-site lines and then have the internal lines upgraded. council Member Stephens stated that he felt he would like to see the processes continued and to see if the residents would be willing to pay the price of the upgrading, just as any new owner would be required to do. Ellison asked for a clarification of ghat council Member Stephens meant by •continucd• All of the necessary legal documents were prepared, but did "continue" mean to begin public hearings? Council Member Stephens replied yea, to begin public hearings for voluntary annexation. Ellison stated that, based on staff's most optiW atic projections, Lakeview would not be anywhere near the point where they would begin extending utilities. Council Member Stephens asked, if the annexation want through) would the City have to provide services within three years or disannex? Ellison replied no, that the City had to coneirler prov ng those capital improvements to newly annexed areas within a year. He stated that there were some very vocal people in Vacation Village, and they were already der<randing services. City of Denton City Council minutes March lot 1986 Page 20 Council Member McAdams stated that she wag sympathetic to tho situation, but that this was A Prime example of people who had not wishod to be annexedo but now were reguesting services of the City. The City simply could not Afford this annexation at this time, chew motionf McAdams second to delay annoxstion proceedings and instructed staff to obtain more information on the assessment ideat to work with the leadership of Vacation Villaley, and to look at the future developments for assisting util t lines, motion carried unanimously. 9. There was no official action on Executive session items of legal matters# real estate, personnel or board appointments, 10. The Council received a report regarding miscellaneous matters from the City Manager. A. The tentative date for the Council Retreat was set for May 19 and 20. Harrell stated# if this date wau a problem, to let staff know. B. Harrell passed out to the Council photographs regarding the John Denton sculpture. C. Harrell asked Council for a representative to go to Washington, D.C.0 for the Trinity River improvement Tripo April 8-9. Mayor Stewart suggested that the now Mayor attend. Council Member Joe Alford stated that he would be available lo go also it he were needed. D. Harrell stated that the tentative date for the Council Orientation was April 24, 1986. E. Harrell reported an announcement in the news today that an agreement had been madel in regard to the tax exempt bonds, to move the date back to September 1. The Pack-Wood Bill also looked betto~r. 11, No ttems for new business were submitted by Council Members for future agendas. The Council reconvened into the Executive Session to consider legal matters, real estate, personnel and board appointments, No Official action was taken. With no further bualnessr the ineeting was adjourned. Richard 0. Stewart, Mayor Te"Ifer ImFle, Deputy city secretiff 1530a CITY COUNCIL MINUTES April It 1986 The Council convened into the work Session at 5:30 p.m, In t!e Civil Deferse Room, PRESENT: Mayor Stewartr Mayor Pro Tem Hopkins! Council Members Alford, Chew, McAdams, and Riddlesperger. ABSENT: Council Member Stephens 1. The Council held a discussion regarding the legal contract for Flow Hospital, Council Member Riddlesperger introduced Mr, Jim Killingsworth to the council. Mr. Killingsworth stated that despite the fact that Flow's performance was looking good and that management contract wan in the works, there were still concerns that the staff had dealing with the hospital lease agreement or asset transfer, He stated that some of the doctors present wanted to voice their concerns also. Dr. Don Hope asked that were the concerns of the Council. He stated that he was not clear what the questions were and asked the Council to clarity them so that answers could be given. Council Member Riddlesperger asked Dr. Hope what were the problems from his angle, ! Council Member McAdams stated that she was concerned with the legal issue with the transfer, She had a concern that if the corporation failod, how duuld the assets be disposed of, such as the grounds and buildings. They belonged to the people and if the corporation ceased to be, how wou1J we get that back, Dr. Hope stated that the value of the hospital was not a problem. That it was competitive enough, Council Member Chew wondered about the reversionary clause for the hospital so that it would go back to the City/County if the corporation failed. He stated that his questions are of a legal nature and not really ones for the doctors present, Council Member McAdams stated that she was waiting for a contract to see what was stated there, Dr. Hope stated that morale was very low at the hospital, The doctors were not able to join forces because they aid not know what was going to happen. There was not much to offer at the hospital at this time. With a third hospital coming into town, there would be even more competition. Dr. Freeman stated that the doctor's were concerned with all that was being said. That there were many different stories, promisee made but nothing happened. He stated that the doctors go where the best support for the patients was. With the upcoming election, what would be the status of the new Council regarding Flow, Dr. Bob Lockwood stated that this was the eleventh hour. That something needed to be done quickly regarding Flow or it would go under. He stated that there was a credibility gap at the hospital and that already doctors were turning away from Flow, Mayoi Stewart stated that the Council gas behind Flow but the lease or transfer must be done legally. He stated that there may be different opinions on what to do but that all were .sy. City of Denton City Council Minutes April 1, 1986 Page 2 wanting to see Flow succeed. He recognized that something must be done soon with the same Council. He stated that the Council was behind Flow and that it would be up to the County. Council Member Chew stated that compromises had been made among the Council members to make sure that Flow was viable but that the Pad result must be legal. Council Member Hopkins stated that at every level along the :ray, the City tried to communicate with the County to keep Flow a local institute. His only problem was that he wanted a contract in his hands to look at. Mr. Kirk Sennett stated that he felt the process had been dragged down a lot from the different attorneys, He asked the council to either keep control of flow but lacking cooperation between the City and County, make a firm commitment with the budget regardless of what the County does, If the City could not support Flow then put Flow where it can do it on it's own, He stated that if there was a reversion clause it could make the City and County liable for future debts. Lloyd Harrell, City Manager, assured the doctors ana the council that this was a high priority item for the City Attorney. Council Member Chew stated than lie felt some of the problems were with Mr. Butterfield. He stated that Butterfield had questions that he couldn't answer and never got back to the Council. He stated that the Blue Ribbon Committee was to make recommendations to the Council but that the Council never said it would follow everything recommended. The Blue Ribbon Committee was only advisory in capacity. Council Member Riddlesperger stated that he appreciated the message that the doctors brought, He saw the necessity of moving as fast as possible. He stated that either concept, the lease or asset transfer, would be good as long as if freed the hospital to be a good working hospital. Council !Member McAdams stated that .the knew what had to be done but that it needed to be legal. As yet there was nothing for therm to look at in terms of a contract. Debra Drayovitch, City Attorney, stated that a draft agreement was drawn up in February but that not everyone had legal representation. Zhe matter was also complicated by the City/ County governing bodies, Council Member Stephens joined the meeting. Drayovitch stated that a final contract should be ready by this week if the Council could have a special meeting. The Council agreed to hold a special call meeting if a contract could be agreed upon before the end of the week. 2. The Council held a discussion of zoning and land use in area bounded by Sam Bass Road on the west, State School Road on the east, Gallas Drive on tiie north, and Londonderry Lane on the South. Denise Spivey, Urban Planner, told the Council that the property in this area was basically zoned office, industrial and single family. She stated that backzoning would be possible property, in Theeminfrastru infrastructure would Flee better if it was known in advance what would be developed. City of Denton Clty council Kinutes April 1, 1906 Page 3 Tho major problem in the area was that many of the homeowners ' in the area were not aware that the vacant property around them was zoned commercial, office, etc. Council Member Riddleeperger asked if any owners had asked to back20ne the property. Spivey replied no. mayor Stewart stated that there was no method oP assuring single family homes or duplexes in industrial/commercial areas and the homeowners did not know it, He stated that the homeowners should know what the situation was and then if nothing was done about it, that would be different. Council Member Stephens stated that the people in the area should be asked if they wanted baekzoning. Council Member Hopkins stated that the people should be informed but that they should make their own decisions about the zoning. The Council recommended that staff notify the area residents with a simple letter regarding the zoning status of the area. 3, The Council held a discussion of a preliminary plat of Green Valley Ranch Addition, a proposed fifty (50) lot subdivision on 91.143 acres, located adjacent and east of FM 2153 and adjacent and west of Zachary Road, approximately 5,550 feet north of FM 428 and 2,200 feet south of Burger Road, for the purpose of determining whether to begin the annexation process, David Ellison, Senior Planner, stated that this proposed annexation was in the ETJ. He stated that staff was not recommending annexation at this time due to the fact that it was in our ETJ and therefore subject to our development regulations. Hopkins motion, Riddleeperger second not to begin the annexation process at this time. Motion carried unanimously. 4. The Council held a discussion of Hunters Hill Estates, a ten (10) lot subdivision proposed adjacent and north of Hickory Hill Road, approximately 1,060 feet west of FM 1830, for the purpose of determining whether to begin the annexation process. David Ellison, Senior Planner, stated that this property was also in our ETJ and subject to our development guidelines, it was staff's recommendation that the property not be annexed. Hopkins motion, Chew second not to begin the annexation process at this time. Motion carried unanimously. 5. The Council convened in to the Executive Session to discuss legal matters, real estate, personnel and board appointment. t{o official action was taken. The Council then convened into the regular meeting 7:00 p,m, in the Council Chambers. PRESENT: Mayor Stewartr Mayor Pro Ten, Hopkins: Council Members Alford, Chew, McAdams, Riddleeperger, and Stephens, ABSENT: None !t City of Deacon City Council Minutes April 1, 1986 Page 4 1. The Council considered approval of the Minutes of the Regular Meeting of January 7, 1986 and the Special Called Meeting of January 14, 1966. Riddlesperger motion, Chew second to approve the Minutes as presented. Motion carried unanimously. 2, Consent Agenda Riddlesperger motion, Chew second to approve the consent agenda as presented. Motion carried unanimously. Consent Agenda A. Bids: 1. Bid # 9568 - Overhead distribution con- struction 2. Bid # 9592 - 1986 C,I.P, utilities Section 0 3. Bid # 9595 - Streetlights 4. Bid # 9597 - Paige Road substation coficrete foundation 5. Bid # 9598 - Wire and cable B. Plate and Aeplats: 1. Approval of preliminary plat of the Audra Lane Apartments Addition, Lots 1, 2 and 3. (The Planning and Zoning Commission recommends approval.) 2. Approval of final replat of the College Addition, Lots 2R, 3R and 4R. Block 21. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary replat of the interstate Highway 35W Addition, Lots 1R and 2R, Block 1. (The Planning and Zoning commission recommends approval., 4. Approval of preliminary plat of the Y,M,C.A. Addition, Lot 1, Block 1, (The Planning and Zoning Commission recommends approval.) C. Change orders: 1. Approve change order for Overlay Program 1985-20 Bid # 9539, to Jagoe Public Company in the amount of $1250550. 2. Approve change order, Bid # 9383, to CAD Associates in the amount of $13,665,00 D, Pinal Payments; 1. Approve final payment for water line oversize participation, Allen Estates Mobile Home Park, Holigan Development Corporation in the amount of $100050.17. (The Public Utilities Board recommends approval.) 2. Approve final payment for raw water pump installation, Bid # 9405, to Onyx Con- struction in the amount of $6,792.00. (The Public Utilities Board recommends approval,) City of Denton City council Minutes April 1, 1986 Page S Item 16X was moved forward in the agenda order, 6. K. The Council considered approval of a resolution in suppoft of the City of Denton making application to the Texas Railroad Commission for Denton to be added to the Dallas/Fart Worth Commercial Trade zone. Mr, Darrell Hulls, Chairman of the board, Denton Chamber of Commerce, spoke on behalf on the Denton Chamber of Commerce, He stated that in order to enhance conditions for a favorable climate for promoting local econotric ~eveljpment, the Denton Chamber of Commerce recommended the inclusion of the City into the Dallas/Fort Worth trade zone. Mr. Keith Appleton addressed the Council on behalf of the chamber. He asked for the council's approval of the resolution which would allow for more free transportation from various transporters of goods on an intrastate basis, The chamber felt that it would be a benefit to all that was concerned, The following resolution was presentedz R E S O L U T I O N WHEREAS, all citizens of the CLty of Denton, Texas at this time need and will be benefltted by the increased availability of prompt motor carrier services and other shipping services to and from the City of Denton and the unincorporated areas adjacent thereto and commercially a part thereof, and WHEREAS, the City of Denton, Texas is eligible to be designated part of the Dallas commercial zone and the Fort Worth commercial zone by the Railroad Commission of the State of Texas, which will serve to permit such increased service, and WHEREAS, being designated part of such commercial zones will be a benefit to the public, and WHEREAS, such designation may be obtained upon application of the City of Denton and a presentation )f appropriate evidence and testimony by the citizens of the City of Denton at a hearing to be conducted by the Railroad Commission of the State of Texas, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton hereby proceed to apply to the Railroad Commission of the State of Texas to have the City of Denton and the unincorporated area adjacent thereto and commercially a part thereof designated as part of the Dallas commercial zone and as part of the Fort Worth commercial zone by tha Railroad Commission of the State of Texas. SECTION That this revolution shall become effective immediately upon its passage and app oval, PASSED AND APPROVED this the let day of April, 1986, MAYOR CITY OF DENTON, TEXAS ~r7 -7 s City o Denton city council minutes April 1, 1966 Page 6 . ATTEST: CHARLOTTE ALLEN, CITY SECRUCTUT CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY : Stephens motion, Riddlesperger second that the resolution be approved. On roll call vote, McAdams ways,' Hopkins "aye,' Stephens "aye," Alford "aye," Riddlesperger "aye,' Chew "aye," and Mayor Stewart ways." Motion carried unanimously. The Council then returned to the agenda order. 3, The council considered approval of a request by the Shriners to solicit funds on May 10 from 8:00 a,m, until 12,00 noon from various City of Denton street intersections. Mr. Jim Render of the Denton County Shrine Club addr.eseed the Council on behalf of the Shriners. He stated that the Shriners would like to use Denton street corners as they had done in the past to raise funds for the Cripple Children's Hospital and Shrine Burn Center in Galveston. The Ohriners and their helpers would be wearing identifying clothing so that all who see them would know what organization they were with. Mayor Stewart ;asked if specific intersections had been decided. Render stated tnat no specific intersections had been decided on as of yet but that: when the streets were decided, he would get approval from the Police Department or whoever the Council wanted. Hopkins motion, Chew second to approve the request with the condition of street approval. Motion carried unanimously. 4. Public Hearings A. The Council held a public hearing on the Petition 0:: Denton County Historical Museum, Inc., represented by Yvonne Jonkins, Director, requesting approval of a specific use permit in a single family (SF-7) zoning district, The property is located at 1035 West Oak Street at the southeast corner of West Oak and Welch Streets. The tract is more fully described as being in the E. Puchalski Survey, Abstract 996. If approved, the specific use permit would allow the Denton County Historical Museum to be located on the property. (S-189) Yvonne Jenkins spoke in favor of the petition. She stated that the request was to allow the Denton County Historical Museum to be located in the Evers Home on the corner of Welch and Oak Street. She stated that she felt that there should be a historical district on Oak Street and that the Evers Home should be a part of it. The request was made because the Court House was being restored and the museum was In effect without a home. i City of Denton City Council Minutes April It 1986 Page 7 The immediate neighbors had been contacted and an agreement had boon worked out with them. Council Member Riddlesperger felt that this was an excellent idea and that the wonderful old house could be put to good use. l Mr. Randall Boyd spoke in favor of the petition, He stated that Ik at first he and his wife had reservations about having the museum next door but that most of the problems had been worked out. Most of the stipulations that had been put in the specific use permit would make the museum good neighbors, He stated that he would like to eventually see the Evers home return to a single family home. He was not in favor of th!s being an in-road for commercial development. No one spoke in opposition. The Mayor closed the public hearing, Denise Spivey, Urban Planner, informed the Council that 15 reply forms were sent out - 5 were returned in favor, in opposition, She stated that this was strictly a specific use permit with the Evers house to be renovated for the museum for office space and living quarters for staff and security person. Several issues needed to be considered with this specific use permit. one was the intensity in the area. The area was located in a low intensity araa and the intensity had already been exceeded. if the Planninq Commission and the Council felt that the request Was beneficial c-, the general public, then it could be approved The Commission felt that this was the case in this particular request. Parking was also looked at. An agreement was worked out the Grace Temple daptiat Church to allow their parking lot to provide Iirking For the museum. Staff wanted to make sure that the museum would be 'good neighbors", This would be a temporary situation and a time limit of 3 years would Lie in effect, After the 3 years the request would be reviewed if necessary, Council Member McAdams pointed out that this specific use permit did not change the zoning on this particulat piece of property. It was a specific request, to do this one thing in a residential area, The zoning would remain residential. McAdams motion, Alford second to approv•s the peti..ion. Motion carried unanimously. B, The Council considered a petition of Stephen Des Jardine of the Jamos M. Brown Company, representing Denton 239 Tenancy in Common, requesting a change in zoning from the agricultural (A) classification to •he planned development (PD) district on a 239,17 acre tract located west of Bonnie Brae street, east of Westgate Drive, north of Payne Drive, and south of U.S, Highway 77, The property is shown in the Nathan Wade Survey, Abstract 1407, and the Francis Batson Survey, Abstract 43. The following land uses are proposed for the development: Parcel A - Commercial, 41.93 acres Parcel B - Office, 20.24 acres Parcel C - Office, 24,70 acres Parcel b - Multi-Family, 200 units on 11.34 acres with a density of 17.64 units per acre Parcel E - Cluster Housing, 260 units on 21,85 acres with a density of 11.9 units per acre Parcel F - Single Family, 93 units on minimum 10,000 square foot lots on 23,41 acres with a density of 3.24 unl.i per acre Parcel G - Single Family, 42 units on minimum 16,000 square foot lots on 19,31 acres with a density of 2.18 units par acre Parcel H - Zero Lot Line, 144 units on 23.42 acres vith a density of 6.15 units per acre City of Denton City council minutes April 1, 1986 Page 8 Parcel I - S!rale Family, 159 units on minimum 7,000 agv4le foot lots on 38.97 acres with a density of 4.25 units per acre Parcel J - Community Facilities site, 14 acres The Mayor opened the public hearing. Stephen Des Jardine spoke in favor of the petition. He stated that the Planning and Zoning Commission had unanimously approved of this petition. The neighbors spoke at the Planning and zoning meeting on behalf of the development. He stated that the first plan that was presented was denied as well as tiie second plan. With the third plan that was approved by Planning and zoning, it was discovered that the EDS Corporation was not notified of the zoning, That p%an had to be returned to Planning and Zoning for approval after proper notification of zoning. The P and z approved that plan for a secr)nd time. He stated that the road alignment of Bonnie Brae had become a bigger issue than they had first anticipated. Des Jardine stated that they were still negotiating with EDS and the state Highway Department regarding the alignment of Bonnie Brae. At this point in time they were only requesting zoning. The ordinance was removed from the agenda because the plat was being removed and changed to show no relignment of Bonnie Brae, Planning and zoning approved the petition with the condition that before parcels A or B were developed, the issue of the relignment of Bonnie Brae had to be resolved. hi asked the Council to approve the zoning with no change in road relignment. When they returned with the ordinance for approval, it would show no relignment of Bonnie Brae. Mr. Roger Barrett of Metroplex Engineering spoke in favor of the petition. He stated that an important aspect was the neighborhood participation in the project. There had been many work sessions with the neighbors to work out what would be best for the City of Denton and for their particular area. The concept was highly diverse with many uses for the 239 acres. He stated that they had done a through engineering study on the project with an estimated utility cost at 1.2 million dollars. No one spoke in opposition, The Mayor closed the public hea,r:dg. Cecile Carsons, Urt3n Planner stated that 22 reply forms were sent out with 4 returned in favor, 0 in opposition, She stated that there was a lengthy history connected with this development and that this was the first time that it had been presentee to the Council. She s'3ted that the petitioner had done a through job In looking at the problems of this site some o, which Included utilities were very lax in this area, a serious sawer problem that the developer would be responsible for upgrading, and the Bonnie Brae location as it currently existed. The proposal did include a mixture of land uses and the neighbors were in favor of the proposal. The area did include a park site and a school s'.te which the school district indicated that they may be interested in developing. She indicated that staff removed the ordinance because of the possible changes in the alignment of Bonnie Brae. There was not an a propriata site plan to attach to the ordinance and also a condition needed to be added depending on what the Council felt would be in the best interest of the City. Carscns went on to clarify the alignment of Bonnie Brae as it would affect the Loop 288 intersection. As shown on the site plan now, the curved portion of the property at a 750' radius which was city standard, would cause a curve into the Texas instruments property and would cause a severe angle into the bridge at Loop 288. Texas Instruments was not in opposition to this alignment to long as it would not encroach into their property more than 1801 which it would not. However, according to the Engineering staff, the alignment with the bridge would not get approval from the State Highway Department. The EDS property owners recommended a 45, angle j .'r City of Denton City Council Minutes April 1, 1006 Page 9 that did tie in specifically with Loop 288 and made the alignment much better. She felt that both the City and State Highway Department would approve such a plan. It would require a corner clearance on both the( EDS property and the Kellum property, She stated that all of the road alignment information had come up in the last two d%ys. Staff would recommend that an additional condition be added either that the road alignment would be determined at a future time yrior to any development of the parcels Dr that a specific road alignment be approved by the State Highway Department and by the City and shown on the PD site plan ptior to approval and adoption of the ordinance. McAdams motion, Riddlesperger second to approve she petition with the condition that the street alignment would not be defined at this time, Motion carried unanimously. C. The Council considered approval of a petition of Metroplex Engineering corporation, representing Strata Properties, Inc., requesting an amendment of an existing planned development (PD-96) located at the northwest corner of Audra Lane and Loop 288. The property is further described as a 37.6 acre tract in the R. a. Longbottom Survey, Abstract 775. If approved, the amendment to the planned development will permit the following land uses: 6.4 acres of two family residential (2-F), with a density of 11.2 units per acre 10.0 acres of multi-family (MF-1), with a density of 20 units per acre 3,5 acres of cluster housing, with a density of 11.4 units per acre 6.8 a.:res of retail/office/showroom 7,7 acres of office/wareh rnise 1,0 acre of detention area 2,2 acres of street dedication The Mayor opened the public hearing. Roger Barrett of Metroplex Engineering spoke in favor of the petition. The existing PD was redone and with staff recommendation of approval had created a superior buffering plan. The new plan had extended the duplex lots on the north to create a buffering against the existing single family development to the west. Overall intensity of the tract would remain the same and the overall density would remain the same even though there would be 2 less dwelling unite. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that 12 reply forms were mailed out with 2 returned in "avor and 2 returned in opposition. This was a request for an amendment of an already existing PD. The new plan would make a better buffering system to the existing adjacent single family I.omes, The Planning and zoning commission considered this plan at their February 26 meeting and approved it with a 4-0 vate with the conditions listed in the back-up. 1. The Council considered adoption of an ordinance amending an existing planned development (PD-96) located at the northwest corner of Audra Lane and Loop 288. The following ordinance was presented: No. 86-64 AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT DISTRICT APPROVED BY ORDINANCE NO. 85-70, AS !T APPLIES To 37.6 i ate' y .;7 7 71 1 City of Denton City Council Minutes April It 1986 Page la ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AUDRA LANE AND HIGHWAY LOOP 288, BY AMENDING THE CONDITIONS AND SITE PLAN APPLICABLE TO SAID DISTRICT] PROVIDING FOR A .'ENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATIQIS THEREOPI AND PROVIDING FOR AN EPPECTIVE DATE McAdams motion, Alford second to adopt the ordinance. On roll call tote, McAdams "aye," Hopkins "a}e," Stephens "aye," Alford "aye," Rlddlesperger 'eye," Chew "aye,' and Mayor Stewart "aye," Motion carried unanimously. D, The Council considered a petition of Jack Vaughn requesting a change in zoning from the single family (SF-7) district to the multi-family (MF-1) classification on a tract located at 1111 Fannin Street. The tract J.s further described as Lot 2 and part of Lot It Block 31 of the W. H. Wattam Addition. If the request is approved, the property may be utilized for any purpose permitted in the multi-family (MF-1) district by the City of Denton Zoning Ordinance, The Mayor opened the public hearing. No one spoke in fa,,,,r of the petition. Karen Abernath_ spoke in opposition of the petition, As a recent appointed member of the Land Use Planning Committee, she had been out looking at this area on behalf of the single family homeowners in the area. She felt that with another apartment complex on Eagle Drive that the intensity of the area would be too great. She felt that if the City continued to spot zoned construction of apartments, that the number of small frame houses would soon be gone, She stated that it appeared that this petition in it's present form was in violation of the Denton Development Guide and asked the Council to deny the petition, The Mayor closed the public 'earing, Doniee Spivey, Urban Planner, informed the Council that 21 reply forms were mailed, 1 returned in favor, 1 in opposition. staff's primary concern dealt with the intensity in the area. This was a low intensity area which was over standard by approximately 171. Approval of the request would. further increase the violation of the intensity Standard. As the Planning and zoning Commission denied the petiteion, approval by the council would require 6 of 7 votes. Stephens motion, McAdams second for denial of the petition. Motion failed unanimously. E. The Council considered a request of Bellaire West Partners for annexation of approximately 103.2 acres beginning adjacent and north of Jim Chriutal Road, South of U,S, Highway 360 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road. (A-34) The Mayor opened the public hearing. David Ellison, Senior Planner, informed the Council that this was the second public hearing for a voluntary request for annexation. Staff felt that there was no disadvantage to the annexation as there was no population or structures affected by the annexation. The next scheduled action would be April 15 for initiation of annexation proceedings and first reading of the ordinance and final action was scheduled for May 20, 1986, City of Denton City Council minutes April 1, 1986 Page 11 No one spoke in opposition, The Mayor closed the public hearing. McAdams motion, Chew second to continue annexation proceedings. Motion carried unanimously. F, The council considered the proposed annexation of approximately 226,70 acres being part of the J. Ayers Survey, Abstract 21 W. Rurlesen Survey, Abstract 931 J. Burleson Survey, Abstract 91t S.M. Williams Survey, Abstract 12821 J. Carter Survey, Abstract 2371 W, Pogue Survey, Abstract 10131 and the F, Jaime Survey, Abstract 664, and beginning east of r-35 north and continuing in an easterly and northeasterly direction generally along Rector Road to a point approximately 2,500 feet west of FM 2164. (A-40) The Mayor opened the public hearing. David Ellison, Senior Planner, stated that the purpose of this annexation was to protect against adverse development or potentia3ly adverse development in Denton's ETJ and to increase the porential for control of the area surrounding the city of Denton's future water resource, Staff considered some of the comments by council that were made during the first public hearing, specifically to look at the creek as a possible boundary line. It was decided not to use the creek as it meandered too much. The original annexation route was based on survey lines and property lines. Ten reply forms were mailed with 0 returned in favor, 1 in opposition. Next scheduled action would be April 15 for institution of annexation proceedings. Completion date for the annexation would be May 20, Mr. George Olufsen spoke in opposition to the petition, He stated that he owned a piece of property in the proposed annexation. fie felt that annexation would offer nothing to the property owners in the area. The Mayor closed the public hearing, Chew motion, McAdams second to proceed with annexation. Motion carried unanimously. 5, Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-65 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICFSI PROVIDING FOR THE EXPENDITURE OF FUNDS THEREPOREf Ai, PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams! *aye," Hopkins "aye," Stephens "aye," Alford 'aye,` Riddlesperger *aya,* Chew "aye," and Mayor Stewart *aye.* Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts fur public works or improvements. City Of Denton City Council Minutas April 1, 1986 Page 12 The following ordinance was presented: NO. 86-66 AN ORDINANCE ACCEPTING COMPETITIVE BIDS A!OD PROVIDING FOR THE AWARD OF CONTRACTS FOR PCBLIC WORKS OR IMPROVEMENTS., PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. on roll call voter McAdams "ayer" Hopkins 'aye," Stephens 'aye,* Alford "aye," Riddlesperger "aye," Chew "dye," and mayor Stewart *aye., motion carried unanimously. C. The Council considered adoption of ordinance amending Section 23-2 (a) of the code Of Ordinances of the City of Denton, Texas to provide for a seven (7e) percent tax of the consideration paid by occupants of a hotel room is the City of Denton, Texas. The following ordinance was presentedt NO. 86-67 AN ORDINANCE AMENDING SECTION 23-2 (a) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A SEVEN (7!) PERCENT TAX OF THE CONSIDERATION PAID BY OCCUPANTS OF A HOTEL ROOM IN THE CITY OF DENTON, TEXAS, PROVIDING FOR AN EFFECTIVE DATE OF JUNE It 1986. Chew motion, Hopkins second to adapt the ordinance, on roll call vote, McAdams "aye," Hopkins "aye," Stephens 'aye," Alford "aye," Riddlesperger "aye," Chew "aye," arid Mayor Stewart "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving an agreement between the City of Denton and North Texas State Fair Association relative to promotional advertising and solicitation services to be performed by the association on behalf of the City. Lloyd Harrell, City Manager informed the Council that the contract called for the Fair Association to report btck to the Council on a quarterly basis and to indicate to the Council how the funds had been spent. Some care nodded to be repent to make sure that the funds allocated were spent ancording to law as the grounds were not owned by a governmental entity. The funds could be used for convention solicitation and advertising but not for acquiring, constructing, or maintaining facilities. Council Member Hopkino stated that he felt that the Fair Association had been very patient during this process and that this would be a tremendous economic boom to Denton. This was something chat the City needed to do and something that the Council was very much looking forward to in Denton, Texas. Council Member Stephens stated that this was a major achievement for Denton. The following ordinance was presented: NO. 86.68 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND NORTH TEXAS STATE FAIR ASSOCIATION RELATIVE TO PROMOTIINAL ADVERTISING AND SOLICITATION SLRVICES TO BE PERFORMED BY THE ASSCCIATION ON BEHALF OF THE CITYr AND DE.4LARING AN EFFECTIVE DATE. I city Of Denton city council Minutes April It 1986 Page 13 Chew motion, Alford second to adcjpt the ordinance, on roll call vote, madams 'aye," Hopkins aye,* Stephens "aye," Alford "aye,' ;tiddloops c;*er 'aye,' Chew "aye," and Mayor Stewart 'aye." motion carried unanimously. E. The Council considered adoption of an ordinance designating certain retail establishMent,t, public buildings, and food establishments as nonsmoking areas; providing sign requirements; providing minimum standarda fnr nonsmoking areasr requiring written policies implementing this arttole; prohibiting smoking in designated nonsmoking areasr pro,:.ding exemptions and penalties. The following ordinance was presented; NO. 86-69 AN ORDINANCE ADDING ARTICLE IV, "SMOKING," TO CHAPTER 1.3 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO BE COMPRISED OF SECTIONS 13-40 THROUGH 13-45; DESIGNATING PORTIONS of CERTAIN RETAIL ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD ESTABLISHMENTS AS NONSMOKING AREAS; PROVIDING SIGN REQUIREMENTS; PROVIDING MINIMUM STANDARDS FOR NONSMOKING AREAS] REQUIRING WRITTEN POLICIES IMPLEMENTING THIS ARTICLE; PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS; PROVIDING EXEMPTIONS PROVIDING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Chew motion, Riddlesperger second to adopt the ordinance. On roll call vote, MoAdams "aye," Hopkins 'aye,' Stephens "aye," Alford 'aye," Riddlesperger 'aye,' Chew 'aye,' and Mayon Stewart "aye., Motion carried unanimously, F. The Council considered adoption of an ordinance increasing the number of persons authorized to be employed in the classified position of Sergeant in the Denton Police Department of the City of Denton, Texas, from six to eight; repealing act ordinances and resolutions in conflict herewith. Rick Svehla, Assistant City Manager, stated that this was a requirement of the Civil Service provisions of the state law to establish these positions so that they could be filled, The following ordinance was presented: N0. 86-70 AN ORDINANCE INCREASING THE NUMBER 01' PERSONS AUTHORIZED TO BE EMPLOYED IN THE CLASSIFIED POSITION OF SERGEANT IN THE DENTON POLICE DEPARTMENT OF THE CITY OF DENTON, TEXAS, FROM SIX TO EIGHT► REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. F. The Council, considered adoption of an ordinance appointing William Riggs Company as the broker of record for the City of Denton for certain excess insurance coverages and approving the payment for excess insurance coverage for the Power Plant. Harlan Jefferson, Administrative Assistant - Finance, that the previous insurance company could no longer provide adequate coverage for the power plant. Staff recommended that the William Riggs Company be appointed broker of record for the City of Denton for th%% excess insurance coverage. r 7 City of Denton city council minutes April It 1986 Page 14 The following ordinance was presented: No. 86-71 AN ORDINANCE APPOINTING WM. RIGG CO. AS THE BROKER OF RECORD FOR THE CITI OF DENTON FOR CERTAIN EXCESS INSURANCE COVERAGESI APPROVING THE PAYMENT FOR EXCESS INSURANCE COVERAGE FOR THE POWER PLANTI PROVIDING AN EFFECTIVE DATE, Chew motion, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Rid-.:.osperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 11. The Council considered adoption of an ordinance authorizin. the Mayor to execute a quitclaim deed to short Family Partnership to cure an alleged defect in title. Robert Hunter, Assistant City Attorney, Informed the Council that the City had received correspondence from an attorney representing the Short Family Partnership w'-o was purchasing some property from Denton North Limited. While researching the title, It was discovered that in the deed there was a provision to convey to the City 1.5 acres out of a 4.12 acre tract for park purposed upon request of the City, The Legal Department researched this point and could not find any type of agreement to convey any property for park purposes. There was no written agreement and none could be found. The following ordinance was presented: NO. 86-72 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZI'.1G THE MAYOR TO EXECUTE A QUITCLAIM DEF,D TO SHORT FAMILY PARTNERSHIP TO CURE AN ALLEGED DEFECT IN TITLE AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Chew second to adopt the ordinance, On rill call vote, McAdams "aye," Hopkins "aye," Stephens "aye,' Alford "aye," Riddlespecger "aye," Chew "lye," and Mayor Steuart "aye." Motion carried unanimously. 1. The Council considered adoption of an ordinance setting a date, time and place for public hearln5s concerning the request of Oakhill Joint Venture and the City of Denton for annexation of approximately 142 acres being part of the Mo:ceau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately 1 1/4 miles east of FM 426, (A-35) Davie Ellison, Senior Planner, informed the Council that this was one of the annexations that would extend an existing 500' finger, it was an 80 acre tract with a mixed use development. This would be a partial voluntary annexation and a partial involuntary annexation. Staff was recommending that public hearings be held April 15 and May 6, 1986. The following ordinance was presented: NO. 86-73 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 DENTUN, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGd. ws~:v.c^°;t a+a~-:.? ra+lrss N.S- ~^.~-•~a= City of Denton City council minutes April It 1986 Page 1S Riddlesperger motion, Chew second to adopt the ordinance, on roll call vote, McAdams "aye,' Hopkins aye,' Stepl.r•,is 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye," and Mayor Stewart "aye.' Motion carried unanimously, J. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the request of Miller of Texas, Inc, and the City of Denton for annexation of approximately 301.8 acres between I-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330, (A-38) David Ellison, Senior Planner, informed council that staff recommended public hearings be held April 15 and May 6, 1986. The following ordinance was presented: NO. 86-74 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CER^AIN PROPERTY AS DESCRIBED IN EXHIBIT "A' ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAiOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Ho ktns motion, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye,' Alford "aye,' Riddlesperger "aye," Chew "ayer" and Mayor Stewart "aye.' Motion carried unanimously. K. The council considered adoption of an ordinance restricting the parking of vehicles on the east side of Cedar Street from its intersection with Pecan Street t its intersection with McKinney street for employee parkiiy )nlyj providing a aeverability clauses and providing a penalty not to exceed two hundred dollars. Rick Svehla, Assistant City Manager, stated that the Citizens Traffic Safety Support Commission recommended approval of this ordinance and it would involve the area between the Poiice Building and the Police parking lot. The following ordinance was presented: No. 86-75 AN ORDINANCE RESTRICTING THE PARKING OF VEHICLES ON THE EAST SIDt; OF CRDAR STREET FROM ITS INTERSECTION WITH PECAN STREET fO ITS INTERSECTION WITH MCKINNEY STREET FOR EMPLOYEE PARKING ONLY PROVIDING A SEVERAbILITY CLAUSES PROVIDING t. PENALTY NOT TO EXCEED TWO HUNDRED DOLLARSf AND DECLARING AN EFFECTIVE DATE. Ste"hens motion, Chew second to adopt the ordinance, on roll Calf vote, McAdams 'ayer" Hopkins "bye,' Stephens "aye,' Alford "aye," Riddlesperger 'aye,' Chew "aye,' and Mayor Stewart "aye.' Motion carried unanimously. L. The Council considered adoption of ar, ordinance approving the petition of Myers Development Corporation for a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 131.7 acre tract of land located on the east side of Nowlin Road approximately 2,200 feet south of Robinson Road. (Z-1706). City of Denton City Council Minutes April It 1966 Page It, Denise Spivey, Urban Planner, stated that this was a request that had previously been approved by the city council for the zoning. This was a request for approval of the ordinance. Teresa Yaden, a representative from the Nelson C-)rporation requested that the ordinance be removed from the agenda as they just received a copy of the ordinance and did not realize that It was on the agenda for that evening, SUe stated that the format had been changed somewhat from what had been Submitted and that the Myers Development Corporation had not had a chance to review the ordinance before it waa approved and signed. Alford motion, Riddlesperger second to table the ordinance until the next meeting. Motion carried unanimously, 6. Resolutions A. The Council considered approval of resolution regarding protection of water supply reservoirs. Bob Nelson, Director of Utilities, informed the Council that over the last 8-9 months, 7 regional water supply systems, municipalities in the north central Texas area, had been participating in an effort to review major concerns about the future water quality in this area. This area was primarily dependent on surface water and with the large amount of growth in this area, there was an increasing concern of the quality of water. This resolution was drawn up to outline these major concerns and recommendations such as a need for education, concepts of regionalization of some of the wastewater treatment systems, conservation, reclamation, and a recognition that the problem is compounded by a multi-jurisdict,ton of the aces. Council Member McAdams stated that she felt this was a good step in getting ahead of the problem. Mayor Stewart stated that this Lad been a problem for a long time and was glad to see that something was being done about it, The following resolution was presented: R E S O L U T I O N WHEREAS, the quality of water in many reservoirs in the North Texas region is threatened by unprecedented growth in the drainage areas or watershed of such reservoiral and WHEREAS, the North Central Texas Council of Governments is pledged to the protection of the region's drinking water supply ceservoias to ensure that water quality does not deteriorate as development occurs, and to attempt to improve the winter quality to the point of fullest public enjoyment of this crucial resource-clean water; and WHEREAS, the City of Denton has jeen working with the North Central Texas Council of Governments in an effort to protect drinking waters and WHEREAS, the Cities of Arlington, Dallas, Denton and Fort Worth, the North Texas Municipal Water District, the Tarrant County Water Control and Improvement District No. 1 and ti,e Trinity River Authority have developed the Policy Position which was endorsed by NCTCOG's Water Re00urces Council and Adopted by NCTCOG's Executive Board; and WHEREAS, such policy position will serve to to guide future local activities, increase public awareness about water quality problems, the dove lo,iment of cooperative watershed i I ~ I City of Denton City Council Hinutea April It 1906 Page 17 management plans involving all 10CAl governments within each reservoir watershed, designate regional agencies to manage wastewater treatment and emphasize pollution preventionj and WHEREAS, such policies are as follows: 1. Reservoir water quality must be protected. 2, Citizens must be convinced of the vital need, and local governments empowered, to protect lake W0'sr quality. 3, Prevention of water pollution must be emphasized, since prevention is much more cost-effective than pollution correction or water treatment. 4. Regional agencies should be designated by the state to manage wastewater treatment in reservoir watersheds. 5. Alternative wastewater treatment processes providing for the conservation and reclamation of water should be considered. 6, Wastewater treatment levels must be sufficiently stringent to protect lake quality, including nutrient and toxic controls where necessary. 7, inter jurisdictional watershed management plans should be prepared. 8. Illegal dumping and unpermitted landfill operations must be stopped. 9. Comprehensive stormwater management programs that include control of significant nonpotnt sources of pollution should be developed by cities and counties in reservoir water sheds, 10, Septic tanks should be used only in rural areas under strict local government regulation, 11. A coordinated monitoring, analysis and reporting system should be iiplemented for all reservoirs and their watersheds. NOW, THERErORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Council of the Cit; of Denton is in full support of th.: above policy position on protection of water supply reservoirs as adopted by the North Central Texas Council of Governments, SECTION II. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the lot day of April, 1986. MAYOR CITY OF DENTON$ TRXAS 7i7 J a I City of Denton city council Minutes April 1, 1986 Page 18 ATTESTi CITY SECRETAN? CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY : Hopkins motion, McAdams second that the resolution be approved. On xo11 ca21 vote, McAdams *aye,, Hopkins "aye," S ephens "aye," Alford "aye," Riddlesperger :ye," chew "aye," and Mayor Stewart "aye." Motion carried unanimously, B. The Council considered approval of resolution approving a joint study with Denton County water suppliers - Water for the Future Committee of Denton County. nob Nelson, Director of Utilities, informed the Council that the purpose of the group was to try and coordinate some of the future water distribution and water treatment systems in the County so that there would be a coordinated plan for how the water requirements for the various communities would be served, The committee first identified what were the requirements and alternatives for the various communities. The funding for this study would be received from each community on a fixed fee payment. The fee was graduated according to population. Denton'o share would be approximately $11,000-120000, The Public Utilities Board expressed approval of this fee with a maximum charge not to exceed $13,000. The County was requesting all the various communities to Indicate bf resolution a support of their willingness to participato before they took any action on it. Council Member Riddlesperger asked what part COG played in this. Nelson replied that COG had not played a part in this so far but that as the regional activity was developed, they would be contacted, Council Member Riddlesperger stated that he felt that whenever it was possible, the group should coordinate as closely as possible with COG. Council Membe: McAdams stated that she had attended a meeting with Commissioner Lee Walker some time ago and that the smaller communities were anxious to work together to get some kind of water supply system for Denton County. The following resolution waa presented: R E S O L U T I O N WHEREAS, a "Water for the Future of Denton County Committee" has been organized to formulate a coordinated plan to provide water and wastewater services to the citizens of Denton Couj:ty, ands City of Denton City Council Minutes April 1, 1996 Page 13 WHEREAS, such Committee represents Denton County, and the cities of Der+ton, Dallas, Lewisville, Sanger, the Colony, Highland village, Ponder, eartonville, Little Elm, Aubrey, Lake Cities Municipal Utility Authority, Flower Mound, Argyle, and others, ands WHEREAS, the Committee has concluded that the first step in determining an overall water /wastewater plan is to conduct an engineering study to evaluate the present statue, future requirements and possible alternativest NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONr SECTION I. That the City Council of the City of Denton hereby supports this coordinated water/wastewater planning and pledges to contribute to the joint funding of such engineering study in an amount not to exceed $13,000 so long as such study is conducted as a cooperative venture with and in a joint manner among the herein referenced participants including Denton County. SECTION II. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the 1st day of April, 1996. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: H TE ALLEN, CITY SECRETARY CITY OF DENTON# TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADhMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY : Stephens motion, Chew second that the resolution be approved. On roll call vote, McAdams 'aye," Hopkins 'aye," Stephens "Aye," Alford 'eye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carridd unanimously. D. The council considered approval of resolution in support of the preliminary County Wide Transportation Plan for Denton County. Rick Svehla, Assistant City Manager, stated that staff had been meeting with County representatives to develop a transportation plan, He stated that the plan was a good one and that the resolution was for approval of the drAft of the document - the County had not made a final plan as yet. city of Denton city council !Minutes April 1, 1986 Page 20 The following resolution was presented: R E S 0 L U T 1 0 N WHEREAS, Denton County is the fourth fastest growing county in the country; and WHEREAS, Denton County and its cities need to develop a systematic approach that will set priorities and indicate when and which transportation improvements are neededi and WHEREAS, it is felt that the Denton County Commissioners Court should implement a program to meet our future right of way needs due to our phenomenal growth factor; and WHEREAS, the City Council of the Ctty of Denton wishes to express support for the concepts set, forth in the preliminary county-wide transportation plant NC,W, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTI0t, I. That the City council hereby urges that the Commissioners Court of Denton County approve the preliminary County Wide Transportation Plan and implement its program of transportation improvements for Denton County extending over the next two decades, SECTION II. That this revolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the lat day of April, 1986. 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 BY: Riddlesperger motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins mays," Stephens "aye,m Alford "aye," Riddlesperger "Aye,* Chew "aye,' and Mayor Stewart "aye." Motion carried unanimously. D. The Council considered approval of resolution temporarily closing the 100 block of North N.1m Street, the 100 block of West Oak Street, the 100 block of North Locust Street, and the 100 block of West Hickory Street. on June 210 1980 for a "County Seat Saturday" Sesquicentennial celebration. City of Denton City Council Minutes April 1, 1986 Page 21 The following resolution was presented: R E S 0 L U T 10 N WHEREAS, on Saturday, June 210 1996? the merchants and professionals located within the central Business District of Denton are sponsoring a *County seat Saturday', a sesquicentennial celebration to be held on the 100 Block of North Elm street, 100 Block of West Oak Atreet, 100 Block of North Locust Street and 100 Block of West Hickory Streak, comprising the "Courthouse Square*t and WHEREAS, all abutting merchants and professionals surrounding the area have given their permission to the temporary closing of said strestsl and WHEREAS, County Seat Saturday la open to the general public of the City and County of Denton and WHEREAS, in order to provide adequate space for county Seat Saturday, a Sesquicentennial celebration, and in order to I protect the safety of citizens who attend, the City Council of the City of Denton deems It is necessary to temporarily close the 100 Block of North Elm Street, 100 Block of West Oak street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square", from the hours of 6:00 A,M. until 8:00 Y.M. on June 21, 1986= NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I, That the 100 Block cif North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square", shall be temporarily closed as public streets or thoroughfares of any kind or character whatever on June 21, 1986 from 6:00 A.M, until 8:00 P.M, for the purpose of holding "County Seat Saturday". SECTION II, That the portion of the above described streets shall revert back to unv C't~, f~r normal traffic activity immediately from and after 8:00 P.M. on J•:ne 21, 1986. SECTION III. That this resolution shall take effect and be in full force and effect from and after the date of its passage and approval, PASSED AND APPROVED this the let day of April, 1986. MAYOR CITY OF DENTON, TEXAS ATTEST: HAn OTTE MEN, CITY SECRETARY CITY OF DENTON, TEXAS City of Denton city council Minutes April 1, 1986 Page 22 APPROVED AS TO LEOAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY : Hopkins motion, Stephens second that the resolution be approved. On roll call vote, Mc1_dama 'aye," Hopkins "aye," Stephens 'aye," Alford "aye,' Rlddlesperger "aye," Chew 'aye,' and Mayor Stewart 'aye." Motion carried unanimously. E. The Council considered a resolution temporarily closing Hickory Street from the east side of Bell Avenue to the east side of the railroad tracts on Jans 21, 1986 and June 22, 1986 for a Sesquice nial Arts and Crafts Fair. The following resolution was presented: R E S O L U T I O N WHEREAS, on Saturday, June 21, 1986 and Sunday, June 22, 19860 the Greater Denton Arts Council is sponsoring a Sesquicentennial Arts and Crafts Fair on Hickory Street from the east side of Bell Avenue to the east side of the Railroad tractel and WHEREAS, all abutting property owners of the street have given their permission to the temporary closing of said Streets and WHEREAS, the Sesquicentennial Arts and Crafts Fair is open to the general public of of the city and County of Dentont and WHEREAS, in order to provide adequate space for the said Sesquicentennial Arts and Crafts Fair and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Hickory Street from the east side of Bell Avenue to the east side of the Railroad tracts Saturday, June 21, 1986 from the hours of 10:00 a,m, to 8:00 p.m. and Sunday, June 22, 1986 from the hours of 10:OQ a.m. to 7:00 p.m,) NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That Hickory Street from the east side of Bell Avenue to the east side of the Railroad tracts shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on Saturday, June 21, 1986 from the hours of 10:00 a.m. to 8f00 p,m. and Sunday, June 22, 1986 from the hours of 10:00 a.m. to 7-00 p.m. for the purpose of holding the Sesquicentennial Arts and Crafts Fair SECTION II, That the portion of the above described streets shall revert back to the City for normal traffic activity immediately from and after 7;00 p.m. on June 22, 1986. I a I city of Denton city council Minutes April 1, 1906 Page 23 SECTION III, That thib resolution Shall take effect and be in full force and effect from 4nd after the date of its passage and approval. PASSED AND APPROVED this the lot day of April, 1986, 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 BY : Chew motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye,' Hopkins 'aye,' Stephens 'aye,' Alford "aye," Riddlesperger 'aye,' Chew 'aye,' and Muyor Stewart 'ayd,' Motion carried unanimously, F. Item F. was removed by staff. G. The Council considered approval of resolution approving a Commercial Operators Airport Lease Agreement for Fox-51 Limited on the Denton Municipal Airport, Clint Lynch, Airport Manager, told the Council that this was a standard airport lease agreement. Fox-51 planned to build 6 hangers of various sizes which he would lease out to aviation-related businesses for the storage of aircraft. The hangers would be similar in color to the existing hangers but would be different In sizes according to the customers needs, He stated that certain safeguards were in the contract such as a clause making sure that surrounding property was not blocked in. The following resolution was presented: R E S O L U T I O N WHEREAS, the City of Denton owns property available for lease at the Denton Municipal Airports and WHEREAS, Fox-51 Limited, a Texas corporation, desires to lease property at the Denton Municipal Airport and to use the same for hangar construction, hangar rental and related aeronautical purposest and WHEREAS, the City of Denton desires to lease property upon the Airport for such purposest and City of Denton City Council minutes April It 1986 Page 24 WHEREAS, the Airport Advisory board has reviewed and recommended approval of the attached proposed lease agreements NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Airport Lease Agreement (Commercial Operator) between the City of Denton and Fox-51 Limited, attached hereto and incorporated herein by reference, is hereby approved. SECTION II. The Mayor is hereby &uthorized to execute the attached lease agreement on behalf of the City. SECTION III. That this Resolution shall be effective immediately upon its passage and approval, PASSED AND APPROVED this the 1st day of April, 1986, RICHARD 0. STEWART-, -7 -HAT-OR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE AL E , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Chew second that the resolution be approved, on roll call voter McAdams 'aye,' Hopkins "aye,' Stephens 'aye,' Alford 'aye, Riddlesperger 'aye," Chew "aye,' and Mayor Stewart "aye." Motion carried unanimously. G. The Council considered approval of a resolution authorizing a public hearing concerning the construction of proposed improvements at the Denton Municipal Airport, Clint Lynch, Airport manager, stated the the FAA required a public hearing when improvements were to be made to the airport, This hearing must be properly authorized by the Council and thus the reason for the resolution. 01 City of Denton City Council Minutes April 1, 1466 Page 25 The following resolution was presented: ' R E S O L U T I O N WHEREAS, the Council of the City of Denton, Texas proposes to make certain improvements upon the Denton Municipal Airporto and WHEREAS, the National Environmental Policy Act of 1970 and applicable regulations promulgated by the Federal Aviation Administration require that a public hearing be held, with notice thereof, for the purpose of receiving citizen input concerning any environmental impact which may be caused by the proposed improvemental NOW, THEREFORE, HE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1. That the Manager of the Denton Municipal Airport is hereby authorized and directed to designate a time and place for a public hearing concerning any environmental impact which may be caused by proposed airport improvements and to cause notice of the same to be published twice in the Denton Record Chronicle, at least thirty (30) days prior and fifteen (15) days prior to srid public hearing. SECTION II. That this resolution anal). become effective immediately :!pon its passage and approval, PASSED AND APPROVED this the day of April, 1986, RICHARD 0, STEWART, 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 BY: Stephens motion, Chew second that the resolution be approved. On roll call vote, McAdams "aye,' Hopkins "aye," Stephens "aye," Alford 'aye," Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart "aye,' Motion carried unanimously. city of Denton City council minutes April 1, 1906 Page 26 1. The Council considered approval of a resolution appointing Assistant City Judges for the municipal court of the City of Denton, Texas. The following resolution was presented: R E S 0 L U T I 0 N WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the city Council to appoint Assistant City Judges to perform the duties and functions of the City Judge; and WHEREAS, the City Council deems it necessary to appoint two Assistant City Judges to handle the judicial functions of the Municipal Court in the absence of the City Judged NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Howard Watt and David Garcia are hereby appointed Assistant City Judges of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas. SECTION II. That the Municipal Judge and her assistants shall receive the sum of Twenty-five Dollars ($25,00) per hour for their services. SECTION III, This C esolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 1st day of April, 1966. RICHARD 0, STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE AL EN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, McAdams second that the resolution be approved, on roll call vote, McAdams 'aye,' Hopkins •aye," Stephens "aye,' Alford "aye,' Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye,' Motion carried unanimously. city of Denton city council minutes April 1, 1906 Page 27 J. The Council considered approval of a resolution establishing a deferred compensation plan for employees of the city of Denton, Texas. Lloyd Harrell, City Manager stated that the backup material in the agenda packets went into great detail describing the deferred compensacion plan. Nedra Mentor, Personnel Specialist, informed the Council that the plan was an excellent one and would like to recommend that the council adopt the plan. 'she following resolution was presented: R E S O L U T I O N ;niEREAS, the City of Denton has employees rendering valuable services and WHEREAS, the establishment of a deferred compensation plan for such employees will serve the interests of the City of Denton by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnels and WHEREAS, the City of Denton has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation will serve the above objectives: and WHEREAS, the City of Denton desires that the Investment of funds held under its deferred compensation plan be administered by the ICMA Retirement Corporation, as Trustee, with the understanding that such funds will be held by the ICMA Retirement Trust, a trust established by public employers for the purpose of representing the interests of such employers with respect to the collective investment of funds held under their deferred compensation plans NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1, That the City of Denton adopts; the deferred compensation plan, attached hereto as Appendix At and appoints the ICMA Retirement Corporation to servo as Administrator thereunder. SECTION 11, That the Employer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B. SECTION 111, That the employer hereby adopts the trust agreement, attached hereto as Appendix C, and appoints the ICMA Retirement Corporation as Trustee thereunder, and directs *.he ICMA Retirement Corporation, as Trustee, to Invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable. City of Denton City Council Minutes April It 1986 Page 28 SECTION IV. That the Personnel Director shall be the coordinator for this program and shall receive necessary reports, noticas, etc, from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments, SECTION V. That this resolution shall become effective immediately t;pon its passage and approval, P%SSED AND APPROVED this the lot day of April, 1986, MAYOR CITY OF DENTON, TEXAS ATTEST: SEtU37CT2Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY : Chew motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye,' Alford "aye,' Riddlesperger 'aye," Chew 'aye," and Mayor Stewart 'aye." Motion carried unanimously. 7. There was no official action on executive Session items of legal matters, real estate, personnel or board appointments. 8. Miscellaneous matters from the City Manager A. To date Charlotte Allen, City Secretary, reported that there had been 641 absentee voting by personnel appearance with 44 mail requests. B. Reminaer that the Council would meet a week from that day to canvass the results of the election. C, Reminder that the Council of Governments would be having a 25th anniversary dinner April 11 at 7;00 p.m. Harrell asked if any of the Council members would like to attend, Riddlesperger, Chew and Mayor Stewart expressed an interest in attending. 9. No items of New business were suggested by Council Members for future agendas, The council reconvened into the Executive Session to discuss legal matters, real estate, personnel and board appointments, No official action was taken, City of Denton City council minutes April 1, 1906 page 29 With no further items of business, the meeting was adjourned. RICHARD 0. STEWART, MAYOR JENNIFER IMRIE r DEPUTY CITY SECRETARY 0144o City Council Minutes April 3, 1986 Emergency Meeting of the City of Denton City Council on , Thursday, April 3, 1986, at S:00 p.m. In the Council Chambers of the Municipal Building at which the fallowing Items were considered: PRESENT: Mayor Stewart; Mayor Pro Ter Hopkins; Ccuncil Members Alford, Chew, McAdams, Riddlesperger and Stephen-, City Mana~ler, City Attorney and Deputy City Secretary ABSENT; None The Mayor called the meeting to order. 1. The Council convened into executive session to discuss legal matters, real estate, personnel, and board appointments. No official action was taken. The Council then convened into the regular meeting in the Council chambers. 2. The Council considered approval of a resolution regarding Plow Hospital.. The following resolution was presented: R E S 0 L U T 1 0 N WHEREAS, in December, 19850 the Denton City Council endorsed the final ropor•, and recommendations of the Blue Ribbon Committee on Plow Memorial Hospital; and WHEREAS, on January 31, 1986, the City and County were presented with an Asset Transfer Agreement to accomplish the Committoe's recommendations and since that time, both have endeavored to finalize the terms of said Agreement to ensure compliance with all applicable constitutional provisions and statutes and to ensure that the transferee, a newly created non-profit corporation, will continue to operate the hospital on a non-profit basis to ensure the continued existence of a commuulty-based, non-profit hospital institution, and, to that end, have recommended certa n revisions to said Agreement; and wHUBAS, although the City Council has approved the concept of a transfer for the consideration proposed by the Blue Ribbon Committee, the Council is concerned about its legal responsibilities and compliance with all applicable taws and is of the opinioii that to legally accomplish the desired objectives, any agreement with the newly created corporation must first be approved by a court of competent jurisdiction at law, or, that such transfer should be accomp" shed through entry Into a long-te,;m lease; and WHEREAS, on March 31, 1986, legal counsel to the newly created corporation presented the City with a revised draft of the Asset Transfer Agreement: and WHEREAS, the City desires to ensure the achievement of the goals of the Cammittne and the Council in the most expeditious manner possible; and WHEREAS, members of the Commissioners Court of the County of Denton, Texas, joint owner of Flow Memorial Hospital, have expressed to Councilmembers their con. rn that compliance with all legal restrictions and obligations be achieved prior to the approval of a final agreement; and WOMEN City of Pontoa City Council Minutes Meeting of April 3, 1416 Page Two WHEREAS, the City Council is cognizant of and wishes to recognize such concerns; NOW, THEREFORE, HE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That, In order to provide sufficient time for the County Commissioners and their legal counsel to review and comment ron the present documents, the City's representatives are hereby directed to transmit copies of the existing documents to the County and use their best efforts to work with the other parties to the transaction to finalize an agreement within ten (10) days, giving due consideration to the concerns of the County Commissioners and their legal representatives. SECTION 11. That the City manager is hereby directed to deliver a copy of this resolution to the Honorable Buddy Cole, Commissioner Sandy Jacobs, Commissioner Ruth Tansey, Commissioner Lee Walker, and Commissioner B. b. Switzer. SECTION 111. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3rd day of April, 1986. RTMTXRD=. CITY OF DENTON, TE~fAS ATTEST: CHARLOTTE ALLbNp CITY MiCKHTRY CITY OF DENTON, TEXAS APPROVED AS TU LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Stephens motion, Chew second to approve the resolution. Mayor Stewart said that prior to the discussion of the resolution he wanted I.o make qure everyone present knew that this was not a hearin However, the legal representatives of the County and some representatives from the County Commissioners have asked and will be allowed to speak. Robert Heath from tii,4 legal fire of Bickerstaff, Heath, and Smiley in Austin, expressed his interest in reaching a contract regarding Flow Hospit.l and having a transfer agreement. He said no has some concerns with the drafts that have come about because of the legal and constitutional implicstions. He said he wanted to work them out in a way that can be acceptable to all. II I City of Denton City Council Minutes Meeting of April 30 1936 Page Three he said that the most basic issue that must be resolved is the consideration issue and that should be able to be resolved expeditiously. Mayor Stewart asked if the Council had any questions for the speaker. Council Member Ray Stephens asked if the 10-day provision was adequate from Mr. Heath's point of view. Mr. Heath said that once the consideration issue is resolved the other can be resolved shortly. He said lie could not guarantee 10 days but that it is reasonable, pending working something out on the consideration issue. Council Member Charles Hopkins said that it is important not to take any longer than necessary and to do a good job, Mayor Stewart askew Mr. Heath if lie had any concern with the resolution as it stood. Mr. Heath said that there is no guarantee that something can be done within 10 days but he would try his best. He said that now is not the time to commit to a particular form or draft and the resolution does not do that, Linda Aker with Bickerstaff, Heath, and Smiley spoke. She stated her concern that some of the issues left to be resolved concerned everybody, not just the County. For example, there is nothing in the current contract that deals with what will happen to all the amployees of the hospital, There are a lot of issues that need to be addressed in the contract, not just County concerns. Council Member Chew said that the Council agreed that there are a lot of concerns that Denton has that need to be worked out. He assured Ms. Aker that the City's attorneys would be working on those aspects also, Ruth Tansey, County Commissioner, Precinct 1, said that the resolution looks fine and she appreciated the Council listening to her concerns. buddy Cole, County Judge, said that he appreciates that the Council recognizes legitimate and important legal concerns about the current document on Plow Hospital. He, raid that this shows the public that the City and the County can get along on a very major issue such as this. He said that he will urge his legal counsel to get the problems in the document ironed out within the 10-day time frame. He understands the urgency because of the hospital's position at this time. Mayor Stewart said that he appreciated that attitude that the County Commissioners were taking, He said that he just wants to get an agreement and a document that everyone could live with. Judge Cole said that he wanted to convey to the citizens in the county is that the personal concerns of the County and the Council were not what this meeting was about. These issues reach Into the constitution of the state, which they have all pledged to uphold. They nave nothing to do with personal concerns, Council Member Riddlespergor said that many people put more stress on the idea that tthe City and County "bicker' but he said that he has not witnessed a lot of "bickering," Ho said that he does not anticipate having an antagonistic view in this issue. city of Denton City Council Minutes Meeting of April 3, 1986 Pale Pour Judie Cole said that the contentions are noble ones, with both ant ties trying to work toward the sane ends. Council Member Hopkins said that we have here the nucleus of an agreement that w 11 give something to work on to solve the problem within 10 days. Tne Council passed the resolution unanimously. 4. The Council considered appproval of the appointment of Board of Trustees for Flow Regional Medical Center. Riddlesper or move, Hopkins second to appoint Roger Nunn, M,D. Frank Davi.a, Jim Killingsworth and Linda Brock to the Board ott Trustees. The Council convened into executive session to discuss legal matters, real estate, and personnel. With no further items of business, tha meeting was adjourned. Aim: , RAYOR DEPUTY CITY SECRETARY 2897M City Council minutes April 8, 1916 The Council convened into the work session at 500 p.m. in the Civil Defense Room. PRESENT: Mayor Stewartt Mayor Pro Teas Hopkinat Council Members Chew, McAdams, Riddlesperger and Stephens Assistant City Manager, City Attorney and City Secretary ABSENTS Council Member Alford was in Washington, D.C, with the Trinity Improvement Association 1. The Council convened into the Executive Session to discuss legal matters, real estate, personnel and board appointments. The Council then convened into the Special Called meeting at 7:00 p.m. in the Council Chambers, The council considered the emergency agenda addendum item, 1, Resolution The Council considered approval of a resolution nominating a person to serve on the Board of Directors for the County Wide Appraisal District. Mayor Pro Tem Hopkins nominated Mr. David Finch, The following resolution was presenteds R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton, Texas, hereby nominates David Finch to be a member of the Board of nirectors of the County Wide Appraisal District for the County of Denton, Texas, to fill the vacancy created by the demise of Raymond Pitts, ECTION II. This Resolution shall become effective from and after its date of passage, PASSED AND APPROV" this the 8th day of April, 1986. RICHARD O. STEWART, 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 BY: Hopkins motion, Stephens second that the resolution be approved. On roll call vote, McAdams 'aye,' Hopkins "aye,' Stephens "aye,' Riddleaperger "aye," Chew 'aye,' and Mayor Stewart 'aye." Motion carried unanimously. City of Denton City council minutes Meeting of April B, 1986 Page Two The Council then returned to the regular agenda order, 1. The Council considered adoption of an ordinance and service plan annexing approximately 614.6 acres being part of the E, Pickett Survey, Abstract 1018, the N. Britton Survey, Abstract 51, the J. Rogers Survey, Abstract 1084, the J. Rogers Survey, Abstract 10850 and the B. Rogers Survey, Abstract 1101, and beginning north of Old Alton Estatee, south of Ryan Road, west of FM 2181, and east of the G,C,4S.F. Railroad. A-30 David Ellison, Senior Planner, reported that this was the final action on the annexation. A map of the area was presented for Council review. The following ordinance was presented: NO. 86-76 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 614.6 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE E. PICKETT SURVEY, ABSTRACT NO. 10180 THE N. BRITTON SURVEY, ABSTRACT NO. 511 THE J. ROGERS SURVEY, ABSTRACT NO. 10841 THE J. ROGERS SURVEY, ABSTRACT NO, 10851 AND THE B, ROGERS SURVEY, ABSTRACT NO. 1101, DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A' DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance, On roll call vote, McAdams "ale," Hopkins "nay," Stephens 'aye,' Riddlesperger "aye,' Chew "aye, and Mayor Stewart abstained. Motion carried 4 to 1 with Mayor Stewart abstaining. 2. The Council considered adoption of an ordinance canvassing the results of the April 51 1986 City Council election. The following ordinance was presented: NO. 86-77 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR AND SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON APRIL 5, 1986. Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote/ McAdams "aye,' Hopkins "aye," Stephens 'aye,' Riddlesperger "aye," Chew 'aye," and Mayor Stewart "aye." Motion carried unanimously. Mayor Stewart stated that he had been on the City Council for nine years and on the Airport Advisory Board for three years prior to the council, These had been wonderful years, and he had had the opportunity to work with people who were generally very receptive, kind and helpful. He eMpressed his appreciation to the present City Council and telt they had been very effective. Many positive things had been accomplished during with this Council, such as the development of a Personnel office for the City and the council's work with the various arts groups, It had been his privilege and honor to serve for the number one city in the state of Texas, Mayor Pro Tom Hopkins stated that it had been a pleasure to work with this Council during the past five years. He would be glad to help if his services were required and admonished the new Council to accept the upcoming challenges. 3. Oath of office administered to newly elected Council Members. City of Penton City Council Minutes Meeting of April $e 1966 Page Three City Secretary Charlotte Allen administered the oath of office to Ms. Jane Hopkins, Place 4; Dr. Jim Alexander, Place 51 Me. Linnie McAdams, Place 6s and Dr. Ray Stephens, Mayor-Place 7. 4, The Council did not convene into the Executive Session to discuss legal matters, real estate, personnel or board appointments. With no further items of business, the meeting was adjourned. R RU . STEWART, RIM NUOTTE ALLEN, CITY S 1559a City Council Minutes April 13, 1986 The council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENTS Mayor Stephens! Council Members Alexander, Alford, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENTS None Mayor Stephens presented a Proclamation for the Denton High School Chamber Orchestra, The Proclamation was accepted by Mr. Michael Allen, the conductor of the orchestra. Mayor Stephens presented a Proclamation for American Home week, April 13 through 18. Mr. Moore of the Board of Realtors accepted the Proclamation. 1. The Council considered approval of the Minutes of the Regular Meeting of January 210 1986. Riddlesperger motion, McAdams second to approved the minutes as presented. Motion carried unanimously, 2. Consent Agenda Riddlesperger motion, Alford second to approve the Consent Agenda as presentee. Motion carried unanimously, Consent Agendas A. Bids and Purchase Orders: 1. Bid f 9599 - Cement, lime and aggregates 2. Bid # 9600 - Asphalt, emulsion, road materials 3. Bid 1 9601 - Distribution transformers 4. Bid 9 9602 - Construction of Paige Road substation 5. Bid ! 9603 - Wooden utility poles 8, Plats and Replete: 1. Approval of preliminary plat of the Green Valley Ranch Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of final replat of the I-35W Addition, Lots 1R and 2R, Block 1. (The Planning and Zoning Commission recommends approval.) C. Tax Refundss 1. Approval of a tax refund for TINT, Inc, in the amount of $759.49 2, Approval of a tax refund for Schwan's Sales Enterprises, Inc. in the amount of +1,025.10 3, Approval of a tax refun(t for Richard W. Cheatham in the amount of $578.60 Cty of Denton city council minutes Meeting of April 15, 1986 Page Two D, Contracts: 11 Approval of a contract with North Texas Umpires Association. 3. The council received the annual report to the City Council by the Conventions and Visitors Bureau of the Chamber of Commerce. Dr. Derrell Bulls, Chairman of the Board of Directors of the Denton Chamber of Commercet reported that the Chamber was looking forward to work with the new City Council. Denton was the best place in Texas, the United States and the world to live. The crepe myrtle project had meet And exceeded its goal of $50300, The new voluntary Chairman of the Convention and Visitors bureau was Tom Mitchell. Mr. Tommy Caruthers would make the presentation for the Bureau. Mr. Caruthers had served as the Chairman for the Bureau since its beginning in 1976 and had worked with 10 different Chamber Chairmen, Under his leadership, the number of hotel/motel rooms in the City of Denton had risen from 300 to over 1,000. Bid presentations had been prepared to entice people to Visit Denton and the Bureau had become computerized to accommodate conventions. The Bureau had also worked with the North Texas Fair Association in their attempts to establish an exposition center and also had worked with the Confederate Air Force, The Bureau was on sound footing financially and in every other way also. Mr. Tommy Caruthers then gave highlights of the report which had been forwarded to the City Council. The entire goal of the Convention and Visitors Bureau was to fill the hotel rooms in Denton. The Royal Hotel Suites had opened and the new Sheraton would be opening in a matter of weeks; both were a credit to the City. A number of travel shows had been completed and these had improved the qualify of information on Denton which was being disseminated. Computers which were essential to the tour bus business, were in and operational, The North Texas Fair Association's exposition center was in process and, when completed, would have an enormous impact on the City of Denton. The Bureau had been working for more than 10 years to have the Dallas wing of the Confederate Air Force relocate to Denton and this was finally a reality. Tourism in Texas was the #2 industry with 1986 looking particularly good as it was the sesquicentennial year, Mr. Caruthers concluded by stating that he was proud of what the Bureau had accomplished and this was only the beginning. 4. Public Hearings A. The Council held a public hearing on the petition of Richard Compton requesting planned development (PD) zoning on 80 acres located approximately 1,150 feet west of Teasley Lane (FM 2181) and north of Hicko-y Creek Road, If approved, the planned development will permit the following land user= Single Family - 36 acres (total 144 units) Duplex - 20 acres (total 92 units) Condominium - 9 acres (total 89 units) Multi -Family - 13 acres (total 200 unite) Recreation Center (Private) - 1 acre General Retail - 1 acre z-1776 The Mayor opened the public hearing. Mr. Brian Burke, Burke engineering, spoke in favor stating that he had worked with Mrs Compton on the voluntary annexation, land use plan and preliminary plat for this 80 acre tract. They had worked closely with the City'a utility staff and engineering staff regarding drainage, They had also worked with the adjacent landowners. Acme Brick Company owned property to the north of the site. The multi-family portion of the petition would be located adjacent to the Acme Brick tract. Density would be 6 units pat acre City of Denton City Council Minutes Meeting of April 150 1986 Page Three with 40 feet of right-of-way dedicated slid 50 feet building lines in the area of the anticipated extension of Loop 288. The developer had also looked at phasing the construction of the development. Mr. Jeff Bodley, representing Acme Brio:k, spoke in opposition stating that the company was presently mining their property and expected to increase mining activities, He did not believe high density housing should be placed next to this type of mining • operation. Council Member McAdams stated that she understood that Acme Brick planned to continue their mining operations and asked if the company would not object to the development as long as the developer knew that the mining would continue, Mr. Hodley responded yes, Cecile Carson, Urban Planner, reported that 9 reply forms had been mailed with 1 returned in favor and 0 in opposition. The property was located in the Hickory Creek corridor area and land uses were in conformance with the Denton Development Guide. There was a vast amount of zoning activity in this area with two petitions on this agenda and another in process. This was "first come - first serve' zoning. The petitioner had agreed to 50 feet setbacks on Hickory Creek Road to accommodate the future Loop 288, The Planning and Zoning Commission had recommended approval, The Legal staff was looking into the Acme Brick issue. McAdams motion, Alford second to approve the petition. Motion carried unanimously. B. The council held a public hearing on the petition of R. J. Button requesting planned development zoning on 74.9 acres located At the northwest corner of Hickory Creek Road and Teasley Lane (FM 2161). If approved, the planned development will permit the following land users Single Family - 27,40 acres (total of 117 units) Park - 3,24 acres Office - 6.12 acres Commercial - 20,20 acres Multi-Family - 19.16 acres (total of 345 units) Z-1794 The Mayor opened the public hearing. Mr. R. J. Button, one of the owners of the property, spoke in favor stating that he had owned his portion of the property for 6 years. In October, 1985 he had approach staff asking their advice on zoning and annexation, Staff had felt the time was appropriate for annexation. An 800 acre parcel had been annexed on April 8 and this tract was a portion of that parcel. He had worked with staff regarding the 40 feet right-of-way and 50 feet setback on Hickory Creek Road. The highest density in the proposed development was 18 units per acre which was not unusual for apartments, Staff and added 16 conditions to the petition and he was in agreement with all of them. He had worked with staff regarding the commercial uses. During the filing of the site plan, he would also present a tree preservation plan. Council Member Riddlesperger stated that he was surprised to see the proposed commercial and retail uses on the plan. Button responded that zoning was on a 'first come - first served' basis and he did not maxe the rules. Mr. Jerry Cott, owner of sundown Ranch, spoke in favor stating that his property was north of the proposed development. He stated that Mrs Button had proved to be a very responsible developer. i i City of Denton city council minutes Meeting of April 15, 1986 Page Pour Mr. Gary Mandragil spoke in opposition stating that he lived across the street from where the parking lot would be for the commercial p had come ortion of the development. The area did not need retail uses. He neighborhood. Retail spaces was already savato his ilable at the mall and the downtown area. It would not serve the people of Denton to have retail uses in this location. He had put his life savings into his home and now would have a parking lot, video arcade or beer store across the street. The neighbors were not informed of this petition and did not want it. Council Member Riddlesperger expressed surprise that the City did not have to notify persons within 200 feet of a proposed zoning change if they were not inside the City limits. The Mayor closed the public hearing. Cecile Carson, Urban Planner, reported that the property was in a moderate intensity node which the City Council had approved in the 1985 update to the Denton Development Guide. The proposal included a variety of land uses. The site was located along two primary roads and the developer had agreed to 40 feet right-of-way dedication and 50 feet setbacks for future expansion. Staff had received a plat which showed single family (SP-7) use on the property next to Mr. Mandragil. The Planning and Zoning Commission had recommended approval with 16 conditions. Council Member Chew asked if the commercial portion could be changed to limited general retail. Carson responded that the original petition was for commercial which had a wide range of uses. Staff had negotiated to limit the number of commercial uses. Debra Drayovitch, City Attorney, reported that the law provided that the Planning and Zoning Commission must conduct hearing notification for City residents within 200 feet of a proposed zoning change. It took time for recently annexed area to appear on the tax rolls. This petition had been published in the newspaper of record for Denton] therefore, the City was in compliance with the law. David Ellison, Senior planner, reported Ghat it had not been the custom of staff to notify people outside the City limits. Some petitions would fall under the 201 rule and would give people outside the City limits control over zoning in Denton. Chew motion, Alford second to approve the petition, Motion carried unanimously. C, The Council held a public hearing on the petition of David C. Martino requesting approval of a specific use permit in a single family (SP-101 zoning district. This is a 2.814 acre tract located 652 feet east of old North Road and 11500 feet north of University Drive and situated in the Caswell Carter Survey, Abstract 275. If approved, the specific use permit would allow the development of a recreational area for baseball, soccer, football, track or other field sports. S-188 The Mayor opened the public hearing. Mr. Trey Martino, representing his brother David, spoke ir, favor stating that the church had recently bought a site adjacent to this property across from the drainage ditch and would be building a large church facility. It had been there practice in the past to encourage physical activities of this nature. The idea was to purchase the land for development for recreational aotivities, The property was buffered on two *ideal one by the creek and one by the drainage as,.ment. City of Denton City Council Minutes Meeting of April 15, 1966 Page Five No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Senior Planner, reported that 5 reply forms had been mailed with 2 returned in favor and 0 in opposition. The property site was located in an area which was predominantly or entirely zoned SP-10. A large portion of the property was currently under development. There was a site which had been platted for a church which would abut Old North Road, The property was located to the east of that tract and the drainage area. At this point in time, it was difficult to access and almost Impossible to see from Old North Road. The main concern which staff had was not the use as it was outlined in this petition, but rather the potential effects on the neighborhood in the future. There was a proposed road on the site plan with SP-10 housing. The proposed pack would be private, fenced and for the sole use of the church facility. It was a benefit to the neighborhood to have the open space but, as it was private, it would not be open to the neighborhood children unless they were invited to use the facility. A question had been raised at the Planning and Zoning commission regarding the use of lights on the property. Staff had a problem with permitting lights on the property because It would affect the residential nature of the neighborhood and might affect the single family homes being sold in the future. Staff also recommended that a time limit be placed on the area so that, after development, the wee could be re-examined by t[,a PiZ and Council to determine if ':his was an appropriate use in the area. The Planning and zoning Commission did recommend approval as it did not violate any Denton Development Guide policies. Two PaZ members did express concern that a time limit should be placed on the property. Staff requested that the PiZ recommendation for approval be considered but that Council add a condition concerning a time limit and also a condition stating whether lights should be permitted on the property. Staff was recommending a 3 year time limit on the property so that the Council could review. Council Member Alexander asked if there was any limit recommended by staff relating to the use of lights. Carson responded the only limit proposed wag by City ordinance as far as when the park would be open which would require the lights in the park be turned off at 10:30 p.m, Staff, in most cases, would not have a consideration as fir as lighting was concernedr however# in this case, it was felt it could have a negative impact on the neighborhood. Council Member McAdams stated that she was wondering about the applicant's attitude about the lighting. It seemed that when thinking about the types of uses which were suggested, there could be noise and a problem with the adjacent property owners in the future. In other cities there was strong opposition to permitting even churches to develop anywhere because of the parking problems and how adjacent activities impacted the neighborhood. This was a fairly large recreational area which would not be serving this neighborhood per as. It was questionable whether the Council should freely permit lights and noise for as long as desired with no checks. If no provisions was made, Council could not go back at a later date if the neighborhood complained, and do anything about it. Council Member Chew agreed that a time limit should be set. Chew motion to approve the petition and include tho staff recommendation of a time light of 3 years and no lighting at all. Motion died for lack of a second. Council Member Hopkins stated that she thought the agenda material had stated that the church would be bound by the City rules for City parks regarding the lighting. a i City or Dun,*on City Council Minutes Meeting of April 150 1986 Page Six Carson reported that the Planning and Zoning Commission recommendation regarded the time which the park could be open. They had not addressed the issue of lighting at the P63 meeting, I[ lighted, it would be anticipated that it would be lighted the same hours the City parks were lighted. MvAdame motion, Riddlesperger second to approve the request with an automatic review within 3 years and lighting and opening time of the park to be limited by City rules governing other parks. Council Member Alford asked it would be appropriate to ask the petitioner if the motion concerning the lighting and time limit was acceptable. Martino responded that they had anticipated that they would be under the same rules as the City parks and were in agreement with that. They were not excited about the 3 year time limit. They were paying the same fees as others for a specific use permit and did not want to have to do that again. Mayor Stepher. stated that he did not believe that the motion meant that the specific use permit would automatically expire but rather to review to see how things were working out. The permit may or may not be continued at that point. The review would be an assessment. Council Member McAdams stated that if, at the end of 3 years, the neighbors felt this was not serving them at all and it was a burden to them, the Council would want to look at that. on the other hand, if the church had proven to be good neighbore, there would be no problem. Council Member Chew stated that he had a problem in that the park was going to be privnte and could not see what use it would be to the neighborhood. Would it be made open and available to the neighborhood at any point in time or just strictly for church related activities? Martino replied that the church would be responsible for the maintenance on the park and it had not been addressed as to wh-kther the area would be completely fenced. It would be fenced to the ability to be able to play baseballs 1,e., backstops and infield. They w,)uld want to be able to use the field for regularly scheduled events. Thoy also felt they should have some control over the use. Council Member McAdams stated that it was like other church facilities but the others were indoors and did not look quite the same when they were outdoors and in clear view. However, it should be something which the neighborhood accepted for its long range use. Motion to approve with amendments of 3 year assessment and lighting and use as in City parks carried 6 to 1 with Council Member Chew casting the 'nay` vote. D. The council held a public hearing concerning the request of Oakiiill Joint Venture and the City of Denton for annexation of approximately 142 acres being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,000 feet east of Trinity Road. A-35 The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that the annexation process took approximately 3 to 3 1/2 months to complete. This was a voluntary and involuntary annexation. The purpone was to extend a 500 feet strip down McKinneyStrebt to connect with the voluntary portion of the annexation. Ellison presented a conceptual land use plan. There were 16 property owners a ^z: City of Denton City Council Minutes Meeting of April 150 1986 Page Seven included in the annexation route and approximately 8 structures, One reply form had been received in favor and zero in opposition. The next public hearing would be held on May 6, No one spoke in opposition, The Mayor closed the public hearing. McAdams motion, Chew second to continue the annexation process. Motion carried unanimously. E. The Council held a public hearing concerning the request of Miller of Texas, Inc, and the City of Denton for annexation of approximately 301,8 acres between I-35F and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330, A-38 The Mayor opened the public hearing, David Ellison, Senior Planner, spoke in favor stating that the property, if annexed and zoned, was to be included in the Lakeview development . Ellison then presented an overhead projection of the proposed parcel and pointed o4.. the various jurisdictions involved. No one spoke in opposition. The Mayor closed the aublic hearing. McAdams motion, Chew second to continue the annexation process. Motion carried unanimously. 5. A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented; NO, 86-78 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE, Chew motion, McAdams second to adopt the ordinance. On roil call vote McAdams "aye Alexander "aye", Hopkins "eye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens 'aye", B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: N0. 86-79 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PULLIC WORKS OR IMPROVEMENTS] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote McAdams "aye', Alexander "aye", Hopkins "aye', Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens 'aye", C, The Council considered adoption of an ordinance and service plan instituting annexation of approximately 103.2 acres beginning adjacent and north of Jim Cliristal Road, south of U.S. Highway 380 Wart, approximatel,• 1/2 We east of Egan Road and 3/4 mile west of Underwood Road. A-34 City of Denton city council minutes meeting of April 15, 1986 Page Eight The following ordinance was presented: NO. 86- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 103.2 ACRES ON LAND LYING AND BEING SITUATED IN THE COUNTY OF " DENTON, STATE OF TEXAS AND BEING PART OF THE MYERS, JOHNSON, BRUMMET AND GREEN SURVEY, ABSTRACT NO, 1699; DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. on roll call vote McAdams "aye", Alexander "eye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye". D. The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the proposed annexation of approximately 66.42 acres situated in the Moreau Forrest survey, Abstract 417, and beginning adjacent and oast of Geesling Road, south of U.S. Highway 380 East, and west of Trinity Road. A-36 David Ellison, Senior Planner, reported that the Council had studied this proposed annexation. The first public hearing would be held May 6 and the second public hearing would be held on May 20. The following ordinance was presented: NO. 86-80 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 OP SUCH PUBLIC HEARINGS. McAdams motion, Chew second to adopt the ordinance. On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "eye", Riddlesperger "aye", Chew "eye", and Mayor Stephens "aye". E. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 226.70 acres being part of the J. Ayers Survey, Abstract 21 W. Burleson Survey, Abstract 931 J. Burleson Survey, Abstract 911 S,M, Williams Survey, Abstract 12821 J. Carter Survey, Abstract 2371 W. Pogue Sues;; Abstract 10131 and the F. Jaime Survey, Abstract 6641 and beginning east of 1-35 north and continuing in an easterly and northeasterly direction generally along Rector Ro9d to a point approximately 20500 feet west of FM 2164, A-40 David Ellison, Senior Planner, reported that final action on this annexation was scheduled for May 20. Staff had driven this area and found that Rector Road was bad when dry and impassable when wet. The City should protect its Lake Ray Roberts water rights however, there was a need to reasness this annexation. Staff suggested continuance of the annexAtion process but also as review within the next 30 to 90 days. City Manager Lloyd Harrell reported that this item would be placed on the work session agenda for April 22 at which time alternatives would be discussed. The following ordinance was presented: NO, 86- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON# TEXAS! BEING ALL THAT LOT, , 'I F~FS City of Denton city council minutes Meeting of April 15, 1986 Page Nine TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 226.70 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON# STATE OF TEXAS AND BEING PART OF THE J. AYERS, SURVEY, ABSTRACT NO, 2, W- BURLESON SURVEY, ABSTRACT NO. 93, J. BURLESON SURVEY, ABSTRACT NO. 91, S. M. WILLIAMS SURVEY, ABSTRACT NO. 12820 J. CARTER SURVEY, ABSTRACT NO. 237, W. POGUE SURVEY, ABSTRACT NO. 1013 AND F. JAIME SURVEY, ABSTRACT NO. 6641 DENTON COUNTY, TEXASI CLASSIFYING r THE SAME AS AGRICULTURAL *A* DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATF. McAdams motion, Chew second to adopt the ordinance, on roll call vote McAdams 'aye", Alexander *aye*, Hopkins *aye', Alford *aye', Riddlesperger 'aye", Chew "aye", and Mayor Stephens "aye'. F. The Council considered adoption of an ordinance approving the petition of Myers Development Corporation for a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 131.7 sure tract of land located on the east side of Nowlin Road approximately 2,200 feet south of Robinson Road. Z-1706. David Ellison, senior Planner, reported that this amendment was at the request of the developer. The following ordinance was presented: NO. 86-81 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 131.76 ACRES OF LAND LOCATED ON THE EAST SIDE OF NOWLIN ROAD APPROXIMATELY 2,200 FEET SOUTH OF ROBINSON ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREINI TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL 'A* DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT 'PD• DISTRICT CLASSIFICATION AND USE DESIGNATION1 PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OP #1,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance. On roll call vote McAdams "aye", Alexander 'aye", Hopkins "aye', Alford 'aye", Riddlesperger 'aye', Chew "aye*, and Mayor Stephens 'aye'. G. The Council considered adoption of an ordinance approving the petition of Denton County Historical Museum, Inc, for a specific uae permit to allow the Denton County Historical Museum to be located at 1035 West Oak Street. 8-189 The following ordinance was presented: NO.86-82 AIZ ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A MUSEUMI 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 ORDINANCE$ OF THE CITY OF DENTON TEXAS, BY ORDI- NANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 0.624 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS, BEING LOCATED AT 1035 WEST OAK STREET, AS IS MORE PARTICULARLY DESCRIBED HEREINI PROVIDING FOR A MAXIMUM PENALTY OF 10000.00 FOR VIOLATIONS THEREOPI PROVIDING FOR A SEVERASILITY CLAUSEI AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote McAdams 'aye•, Alexander •aye•, Hopkins *aye', Alford *aye", Riddlesperger •aye', Chew *aye', and mayor Stephens 'aye*. City of Denton city council minutes Meeting of April 151 1986 Page Ten No The Council considered adoption of an ordinance for proposed oversize agreement with Southern Hills Addition, owner I-35E/288 Joint Venture, and/or their assigns for a new sanitary sower line. City Manager Lloyd Harrell reported that this item was not an ordinance and only required a motion and vote. Bob Nelson, Director of Utilities, reported that this was an oversize agreement for servicing sewer requirements. This would be a 24 inch sewer line to serve future development. Chew motion, McAdams second to approve the oversize agreement. Motion carried unanimously. I. The Council was to consider adoption of an ordinance approving pro rata agreement with Southern Hills Addition, owner I-35E/288 Joint Venture, and/or their assigns for a new sanitary sewer line. This item was removed from the agenda by staff. 6. Resolutions A, The Council considered approval of a resolution temporarily closing Congress Street hetween the intersection of Alice Street and Denton street from 3:0o p.m, to 8:00 p.m. on may 9, 1986 for Cougar Day. Ma. Eilnor Esmer, representing the Calhoun Parent-Teacher Association, stated that this was an annual event and the closing was for the safety of the children. The following resolution was presented: R E S O L U T I O N WHEREAS, on Friday, May 9, 1986, Calhoun Jr. High PTA is sponsoring an annual Day of the Cougar fundraising event, to be held on Congress Street between the intersection of Alice Street and Denton Street, and WHEREAS, all abutting property owners of the street have given their permission to the temporary closing of said street, and WHEREAS, the Day of the Cougar fundraising event is open to the general public of the City and County of Denton, and WHEREAS, in order to provide adequate space for the said fundraising event and in order to protect the safety of citizens who attend, the city Council of the City of Denton deema it is necessary to temporarily close a portion of Congress Street between Alice Street and Denton street from the hours of 3:00 P.M. until 8:00 P.M. on May 9, 1966; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Congress Street between Alice Street and Denton Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on May 9, 1986 from 3:00 P.M. until 8:00 P.M. for the purpose of holding the Day of the Cougar fundraising event. SECTION II. That the portion of the above described streets shall revert back to the City for normal traffic activity immediately from and after 8:00 PA. on May 9, 1986. City of Denton City council minutes Meeting of April 15, 1986 Page Eleven SECTION III. That this resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the 15th day of April, 1986. PAY i • CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS 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', Hopkins 'aye', Alford "aye", Riddlesperger 'aye", Chew "aye", and Mayor Stephens "aye". B. The Council considered approval of a resolution relating to the issuance of notes by the North Texas Higher Education Authority, Inc.1 approving the issuance of one or more series of notes; and making certain findings in connection therewith. Mr. Ralph Rushing, North Texas Higher Education Authority, Inc., Stated that this request was for approval to enter into a line of crmdit. Mr. Rushing then gave a brief history and explanation of the authority. John McGrane, Director of Finance, reported that there were three basic issues associated with this request. First, the Council had given continued support to the Authority. Next, this was the best alternative available to the Authority at this time. And lastly, there was no obligation on the part of the City for the notes. The following resolution was presented: A RESOLUTION BY THE CITY COUNCIL OF THL CITY OF DENTON, TEXAS, RELATING TO THE ISSUANCE OF NOTES BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF ONE OR MORE SERIES OF NOTES; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, there was established a non-profit corporation pursuant to the Texas Non-profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; that such has been accomplished, the corporation being known as the "North Texas Higher Education Authority, Inc,* (the 'Authority') and WHEREAS, the Authority has proceeded in the development of a plan of doing business and has issued bonds for the aforesaid purposes, and provision should be made for the refunding of such bonds or for the acquisition of the portfolio of loans generated thereby, additional funds are needed to continue the program and it is now appropriate for this governing body to approve the issuance of additional notes for such purpose; NOW, THEREFORE, BE IT RESOLVED KBY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; . City of Denton city council minutes Hooting of April 15, 1986 Page Twelve SECTION I, That this governing body has been advised by the Authority that such Corporation, upon approval thereof by the governing bodies of the City of Denton, Texas, and the City of Arlington, Texas, proposes to borrow funds pursuant to a line of credit in order to provide funds (i) for the acquisition of additional student loans in a principal amount not to exceed #90000400; and (ii) for the refunding of all or part of the bonds of the Authority outstanding from time to time or for the purpose of • acquiring the portfolio of loans now held under the indentureal that such notes would be initially issued as one or more series of notes (collectively, the 'notes') and that such notes would be payable from and secured by a pledge of revenues derived from or by reason of the ownership of student loan notes and investment income after deduction of such expaness for oporating the loan program as may be specified by the line' of credit agreement and trust indenture authorizing or securing such Notes and the payment thereof. The Notes will be issued to obtain funds with which to purchase Student Loan Votes which are guaranteed under the provisions of the Higher Education Act of 1965, as amended, for the purpose of paying certain expenses. SECTION It: That this governing body hereby approves the issuance and delivery of such Notes in one or more series for the purposes aforesaid) and in this connection, requests that the said Authority exercise the powers enumerated and provided in Section $3.47 of the Texas Education Codej that such non-profit corporation shall, in this connection, exercise such powers for an on behalf of the City and the State of Texas, as contemplated by Section 53.47(e) of the Texas Education Code. SECTION III. That it is recognized by this governing body that the instruments which authorize the issuance of Notes by the Authority will specifically state that this city is not obligated to pay the principal of or interest on the Notes proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by this City that it will pay or provide for the payment of any obligations of the said Authority whether heretofore or hereafter incurred, and in Lnis connection, attention is called to the Constitution of Texas whrrsin it is providou that a City may incur no indebtedness without having made provision for its payment, and this City Council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION Vs That this Resolution shall be effective from and after its passage and approval, and shall supersede the resolution heretofore adopted November 5, 1985. SECTION VI: That it is hereby officially found and determined that the meeting at which the resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED THIS 15th day of April, 1986. Mayor, City o Denton, Texas ATTEST city secretary APPROVED AS TO FORM: ,1- City of Denton city council minutes Meeting of April 150 1986 Page Thirteen McAdams motion, Chew second that the resolution be approved. On ' roll call vote McAdams "aye", Alexander 'aye", Kopkins 'aye', Alford 'aye", Riddlesperger "aye', Chew "aye", and mayor Stephens 'aye'. C. The Council considered approval of a resolution authorizing the Mayor to sign Missouri-Kansas-Texas Railroad Company license on behalf of the City of Denton relating to the installation of one buried 24' casing pipe housing individual conduits, 15KV • electrical wire and communication cables at mile poet K-725.65, Denton County, Texas for Paige Road substation. Bob Nelson, Director of Utilities, reported that thin located by the substation near Paige Road. Exit feeders would be needed. This woe a routine item. 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, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated May 1, 1986, between the City of Denton and the Missouri-Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and installation of one buried twenty-four inch (240) casing pipe housing individual conduits, each carrying a 15KV electrical wire and communication cables at Mile Post K-725,65, Denton County, Texas. PASSED AND APPROVED this the 15th day of April, 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 BY: McAdams ,notion, Chew second that the resolution be approved, on roll call vote McAdams "ale", Alexander 'aye', Hopkir.:, "aye", Alford "eye", Riddlesperger 'aye, Chew "aye", and Mayor Stephens "aye", D. The Council considered approval of a resolution authorizing the Mayor tr, sign Missouri-Kansas-Texas Railroad Company license on behalf of th,i City of Denton relating to the construction of a 16' water pipe line at mile post K-726.82, Denton Coun,.y, Texas. Bob Nelson, Director of Utilities, reported that the Lake Cities Municipal Utility Authority had been required to extend a 16 inc„ water line and would have to cross this property. The following resolution was presented: R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated April 10 1986, between the City of Denton and the Micsouri- F city of Denton City Council Minutes Hooting of April 15, 1986 Page Fourteen Kansas-Texas Railroad Cpmpany, relating to the construction, reconstruction, use, maintenance, operation, repair and installation by boring method, one sixteen inch (161) water pipe line at Mile Post K-726.821 Denton County, Texas, PASSED AND APPROVED this the 15th day of April, 1986. ` A PIS, AAYW CITY OF DENTON,TEXAS ATTEST: CHARLOTTE XLLER CITY MRIT&RY CITY OF DENTON,oTEXAS APPROVED AS TO LEGAL PORMt DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BYs McAdams motion, Alford second that the resolution be approved, On roll call vote McAdams "aye", Alexander "aye", Hopkins "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye", E. The Council considered approval of a resolution adopting North Central Texas Council of Government Standard Specification Amendments, April 1985, Rick Svehla, Assistant City Manager, reported that thew were the specifications by which the City constructed roads, The chances sere basically in the last pages of the specification. The following resolution was presented: RE S O L U T I O N WHEREAS, the City Council on April 2. 1965 adopted by resolution the S and rd Slseoilications for Public Worlds Construction, NO th :onrrai Texas (s,s.P,w,C „ j an WHEREAS, the City Council has determined that it would be in the beat interest of the City to amend the N.C.T.: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONt SECTION I. That the Standard Specifications for Public Works Constr c- tion N rth Contra Te S.S.P,W.C., N.C.T. , previous y adopted y a city o en on, are hereby amended, in part, by the adoption of the "North Texas Council of Governments Standard Specifications Amendments, April 1985" attached hereto, which shall be considered incorporated into and become a part of the 9 P.W,C,A H,C,T, for all purposes and shall hereafter govern a-n contr0 over any conflicting provision contained in the S.SS.P,W,C „ N,C.T „ as p'sviously adopted. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 15th day of April, 1986. , yi r, j . City of Denton City Council Minutes Meeting of April 151 1986 Page Fifteen RA TEPHENS, A 0 CITY OF DENTON, TEXAS ATTESTS 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, Chew second that the resolution be approved. On roll call vote McAdams "aye", Alexander "aye", Hopkins 'aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor Stephens "aye". 7. The Council considered approval of electing a Mayor Pro Tem. McAdams motion, Riddlesperger second to nominate Joe Alford as Mayor Pro Tem. Riddlesperger motion, Alexander second to elect Council Member Alford Mayor Pro Tem by acclamation. Motion carried unanimously. S. Miscellaneous matters from the City Manager, City Manager Lloyd Harrell reported that a letter had been filed with the City Manager's Office regarding a letter of resignation for Fire Chief Jack Gentry. Chief Gentry had been with the City for 43 years and would be retiring effective May 1. City Manager Hatrell reminded the City Council regarding reservations for the Texas Municipal League seminar for newly elected officials. A budget questionnaire had been forwarded to the council and the Manager requested their return after the meeting. He further reported that David Ellison of the Planning and Community Development staff had met with the residents of Vacation Village regarding the possibility of annexation. Some of the residents had approach Council seeking help with problems which existed in Vacation Village. Staff estimated it would take $2 million to bring the existing infrastructure up to standard. An assessment of $5,000 to $10,000 would be required of each lot to get up to standard. During the meeting with residents, 6 had stated that would be in favor of annexation with the assesementl 8 would be in favor of annexation without the assessment; 13 were not in favor in any ways and 1 did not know. 9. No new items of New Business were suggested by Council Members for future agendas. 10, The Council adjourned into the Executive session to discuss legal matters, real estate# personnel and board appointments. 11. There were no official actions on official Action items of legal matturs, real estate, personnel and board appointments, The Council then considered the emergency agenda addendum items, 1. The Council considered approval of the appointment of a member to the board of Trustees for Flow Regional Medical Center. City of Denton city council minutes meeting of April 15, 1966 Page Sixteen Council Member Rlddlesperger nominated Ms. Mary Henderson Williams to the Board of Trustees. He stated that she would be the first woman on the board and due to her tenure on the Flow Memorial Hospital Board, was knowledgeable. Council Member McAdams nominated Ms. Oanieve Scott. She stated that people had lost confidence with the hospital board and a new person was needed. ' Vote on the Williams nomination failed 5 to 2 with Council Members McAdame, Chew, Hopkins, Alexander and Mayor Stephens casting rP:e "nay" votes. Vote on the Scott nomination carried 5 to 2 with Council Member Rlddlesperger and Mayor Pto Tem Alford casting the "nay' votes. 2. The Council considered approval of the confirmation of a member to the Board of Trustees for Flow Regional Medical Center. Alexander motion, Chew second to confirm the name of Michael Whitten as a member to the Board of Trustees for Flow Regional Medical Center. Motion carried unanimously. Hopkins motion, Chew second to adjourn. Motion carried unanimously. With no further items of business, the meeting was adjourned. R y HENSI A R CHARLOTTE ALLEN, CITY SECRETARY 2141C CITY COUNCIL MINUT98 April 22, 1986 The Council convened into the special called meeting at 6:00 p.m, in the Civil Defense Room. PRESENTt Mayor Stephensl Mayor Pro Tom Alfordl Council Members McAdams, Hopkins, Alexander, and Riddlesperger ABSENT: Council Member Chew 11 The Council considered adoption of an ordinance approving a supplemental agreement between the City of Denton and the City of Corinth. Bob Nelson, Director of Utilities, told Council that this was a wastewater treatment agreement. He stated that the rates would remain the some and that this involved one discharge location and one lift station. He stated that the Public Utilities Board recommended approval, The following ordinance was presented) No. 86-83 AN ORDINANCE APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON AND CITY OF CORINTH, AND DECLARING AN EFFECTIVE DATE, Riddlesperger motion, Alexander second to adopt the ordinance. on roll call vote, McAdams "aye," Hopkins "aye," Stephens 'aye," Alford "aye," Riddlesperger 'aye," and mayor Stewart 'aye," Motion carried unanimously, 2. The Council considered approval of a designated voting representative to the General Assembly of the North Central Texas Council of Governments, Council Member Riddlesperger stated that the person elected would be in office for five years, and Denton could possibly have a chance for a representative on the Board. He nominated Jim Alexander to the position and expressed Mr, Alexander's excellent qualifications. Riddlesperger motion, Hopkins second to designate Jim Alexander vo::tng representative to the General Assembly of the North Central Texas Council of Governments. Motion carried unani^ously. Council Member Chew joined the meeting. 3. The Council received a report on annexation A-401 approximately 226,70 acres, being part of the J. Ayers Survey, Abstract 21 W. Burleson Survey, Abstract 931 J. Burleson Survey, Abstract 911 S.M. Williams Survey, Abstract 12821 J. Carter Survey, Abstract 2371 W. Pogue Survey, Abstract 1013, and the F. Jaime Survey, Abstract 664, and beginning east of I-35 north and continuing in an easterly and northeasterly direction generally along Rector Road to a point approximately 20500 feet west of FM 2164. Lloyd Harrell, City Manager, stated that this annexation had been started, but staff felt that it should come tack to Council to possibly redraw the annexation line to avoid several houses and a road in bad condition. ~ i ~ Ids 1= . City of Denton City Council Minutes Appge1227, 1986 David Ellison, Senior Planner, told Council that Rector Road ' was in very poor condition and that the present annexation line included two houses and one business. He stated that it would be almost impossible to deliver services to these structures and that staff was recommending to shift the annexation line to the north. This would extend the current City of Denton ETJ to the east and north. He stated that this would penetrate Denton's ETJ north where Sanger had not yet annexed. Rick Svehla, Assistant City Manager, added that one nore annexation of this nature would get the City to the dam and then the corps land and middle of the lake (Lake Ray Roberts). He stressed that it was important for the City to act quickly on this so that eventually the City of Denton would control most of the lake and surrounding area. David Ellison reported that a side issue was that, at 750'1 the annexation would avoid residences in the area. The homeowners and Planning and Zoning )ad asked that the width be reduced to 5001. At 75010 18 structures would be involved at 50000 four or five structures would be involved, Lloyd Harrell asked for a concensus from the Council - whether to go with the new annexation lines or continue as is, Riddlesperger motion, Hopkins second to drop the current proposed annexation and go with the proposed new annexation lines. Motion carried unanimously. 4. The Council received a report on the Public Technology, Inc., fire station location study, Lloyd Harrell, City Manager, stated that this was brought to the council at this time purely for information only. He stated that staff wanted to keep the Council well informed about the study and that the staff was not ready to recommend a new fire station at this time, due to a concern regarding operation money. Rick Svehla, Assistant city Manager, stated that operating money for a new fire station was a concern. He turned the meeting over to Chief Jack Gentry, C,ir~f Gentry stated that the consultant, PTI, was IC MA sponsored, The program was called Firemaster and was a computerized fire station overview, He stated that many different staff members participated in the study, such as Gary Collins, project leader! Captain Mike Taylor, coordinator; and staff members from Planning and zoning. Gary Collins, Director of Data Processing, stated that the computer measured response to certain areas of the city. The response time measured the time emergency equipment could get to certain zones in the City. Captain Mike Taylor explained to Council various charts and diagrams regarding zones and locations of possible future fire stations. He stated that land uses determined the type of zone and that a higher response time w .is needrad to higher intensity areas. At a three-minute response time, a fire could be caught at its lowest level. Emergency medical services needed four or five minutes for adequate response time to save lives, Driving times were determined by a focal point in egch zone. Major traffic networks were measured intersection by intersection, and estimated travel speed was determined according to the type of street. All this information was fed into a computer, and the computer picked the quickest route to the focal point. There were three areas of the City that a new fire station could be located. The first was in the Northlakes area (Bonnie City of Denton City Council Minutes April 22, 1586 Page 3 Brae and Windsor). This station would improve some areas, but not all. The second station was near Lillian B. Miller and Teasley. This would put two atations near each other and might not be the best position. The third proposal was to relocate Station Number 5 and have a station at University and Mesa Drive and one at Teasley and Savannah Trail. Taylor stated that the final plan, to build two stations, was the plan that the firefighters liked best, as it reduced response time to all parts of the city, Rick Svehla, Assistant City Manager, also confirmed that the best result was two stations, This would not, be manning two new stations, as the man power for one oration would come oiit of the Central Fire Station. This woula not be as expensive as manning two new stations. With minimum staffing at the two stations, the cost would be approximately half a million dollars. Total cost would be $1,5 million with two sta':lons, one out of Central, including equipment. With current revenue, the City had the money for one station, Svenla suggested that the budget process should be gone through first and then come back to Council later, He stated that the best situation would be to build two new stations and staff one from the central Fire Station, The problem would be revenue for the stations, if we had to chose only one station to build, the data indicated that the station at Bonnie Brae and Windsor would be better, as it covered one more medium density and one more high density zone, it covered less low density areas, but it was more important for the other zones, Council Member Riddlesperger stated that the study made clear that the whole city was represented and not just one area, He felt that if a new station was not built, the City would have to pay in extra insurance. 5, The Council received a report on past and future financial trends. John McGrane, Director of Finance, presented a report to council regarding past and future financial trends. He seated that there was a downward trend in the fund balance. This was important for unexpected revenues, expenditures that might come up, such as claims against the City. The current reserve was about $1,1 million, The property tax rate was very consistent for the city. it had remained about 34-36% over the years while the county had gone down, and the school district had increased, He stated that the annual debt service payment ratio was decreasing. Council Member McAdams asked how the financial situation of the City was looking right now, considering the sales tax situation. McGrane replied that it was not as staff had anticipated, not at the 12% level as they would like, He stated that they hoped to balance the shortfa?.1, He attributed the situation to the lower inflation rate and the ripple effect ftom the oil industry. 6. The Council reviewed the results of the City Council budget questionnaire. John M:Grane, Director of Finance reviewed the questionnaire that had been sent to Council. The questionnaire is attached and made a part of these minutes, Lloyd Harrell, City Manager, stated that staff was using the questionnaire for initial work to draft proposals to the Council during budget sessions. City of Denton city council minutes April 221 1986 Page 4 7. The Council received a presentation of the single ' audit by the firm of Arthur Andersen and Company. John McGrans, Director of Finance, stated that the single audit concept was recommended by the State, He stated that one was done this year, although it was not required, He noted that there were two areas of concern brought out by the single audit, one was that there wan no grant administrator which would be considered in the new budget. The other area was that the Block Grant had exceeded 201 in costa. Upon close examination, it was found that the exeeus was due to the fact thnt the city started incurring expenditures before the actual funding had begun, and that charges had been lumped together instead of charging off to specific areas. He stated that this situation had been corrected, 8. The Council reviewed and discussed the proposed Denton citizen Survey. Betty McKean, Assistant City Manager, presented the survey to the Council. She stated that each year revisions and deletions were made to the survey to tailor specifically for that year. McKean went through etch section and asked for Council input, Basic discussions dealt with the question, 'Would citizens be willing to pay additional charges for additional services?' and questions regarding cable TV. McKean stated that the sugges- tions would be incorporated into the survey, and it would be returned to Council for approval, 9, The Council held a discussion of the proposed North Point project and procedures for reviewing oth,~t major developments. Mayor Stephens stated that there used to be study sessions on the major projects coming before Council and would like to start doing that again before the public hearings and a need to vote on the project. Lloyd Harrell, City Manager, stated that staff could flag those developments that were substantial and bring to Coup^.il for a study session. He wondered when Council would like to do that before it went to Planning acid zoning or between Planning and Zoning and Council, Debra Drayovitch, City Attorney, stated in a case like Lakeview the public hearing had already been held and then the Council had a work session. she was concerneu with procedures that already were set-up. Council Member Chew stated shat he would like to see the study session be strictly for information only, as an alert to what is coming. Jeff Meyer, Director of Planning, stated that he would feel comfortable with staff suppling information but not recommendations. Mayor Stephens stated that he would like the study session to be between the time Planning and Zoning received the information and the time it went to Council. A discussion could be held on the impact the potential development would have on the City. Council Member McAdams felt she would like to have the session before the information went to Planning and Zoning with the Council receiving broad information about the potential development. City of Denton City Council Minutes April 22, 1986 Page 5 Meyer stated that would be fine. That the staff would not have any recommendations at that time and would give the Council strictly information about the development, Council Members Hopkins, Chew and Alford agreed that the study session should come before Planning and Zoning. Council Member Riddlesperger asked if the Council could convey questions to Planning and Zoning at that time. council Member McAdams suggested having some Planning and Zoning members present at the time of the study session on major developments as a type of joint study session, Mayor Stephens felt that this type of a Study session would benefit both the developers and the City of Denton. on the North Point issues, Meyer stated that this was a major development that went to Planning and Zoning and was denied, He stated that the developer was willing to work out the objections of the Planning and Zoning Commission, Cecile Carsons, Urban Planner, presented the North Lake roposal to the Council, She pointed out several problems with the development including street location and utility problems. The developers were requesting to make changes in the development rather than have to go back through the total process. Mayor Stephens questioned if changes Could be made to a proposed plan while it was under consideration, Debra Drayovitch, CJty Attorney, stated that the regulations for a planned development were different from other types of zoning, if changes were to be made to the plan, it must go back to Planning and Zoning. She stated that if the zoning case was different from what was advertised, the legal requirements for the public hearing would not be met and it would not be legally correct. Council Member Riddlesperger stated that if the changes were of a legitimate nature, then he felt that Planning and Zoning could have another look at it instead of the developer starting the whole process over. Thub Council recommended that on future major developments the council be informed of the development before it went to Planning and Zoning for information only, No recommendations would be offered by staff at that time, 10. The Council delayed going into Eyecutive Session until all business on the agenda was delt with. 11. New Business Mayor Stephens brought up the following issues fur council consideration: A. Discussing the pro rata density and tract development and the possibility of ending "first come, first serve", B. Filling the vacancies on the Planning and Zoning Commission and the Cable T,V. Board, C, Putting the David Martino zoning case back on the agenda. 'lt~y.£^e:ns.rt;"y?Mya*k 7a.~m+v ~gyAU-> :.~~9 ' ' City of Denton City Council Minutes April 22, 1406 page 8 0. Responding officially to the request of Mrs. Lillian Key. E, Setting a date for the Board and commissions banquet. F, Preparing requests for outside auditor proposals by June/July, 12. Business from the City Manager Lloyd Harrell, City Manager, informed the Council about the following issues: A. Memos regarding the Domino Hall were distributed to Council. B. Two memos regarding the Vacation Village annexation were distributed to Council. One memo was from area residents protesting the annexation and taking exception to comments made regarding Vacation Village. The other memo was from the County stating that if the City did not annex the area, the County would try and do some road work in the area. C. Charlotte Allen, City Secretary, asked for the Council to return their Board and Commission notebooks for updating. 13, The Council convened into Executive Session to discuss legal matter, real estate, personnel and board appointments, No official action was taken. With no further items of business, the meeting was adjourned, RAY STEPHENS, MAYOR JENNIFER IMRIF., DEPUTY CITY SECRETARY 1556a 4 a DATE: 5/6/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Plats and Replats RECO40H ATION: The Planning and Zoning Commission, at its meeting of April 23, 1986 recrAmended that the following plats and replats be approved: Preliminary and final replat of Freeway Park Addition, Lot 2E, Block A Preliminary plat of the DISD - Farris Road Addition Lot 1, Block 1 Final replat of the Summit Addition, Lots 1 and 2 SUMMARY: BACKGROUND: PROGRAMS, DEPARIME.NTS OR GR(XJPS AFFECTED: FISCAL IMPACT: Res ctfull submitted: y e City Manager Prepared by: Dav Ellison 40(-~ Senior Planner Appr e Director of Planning and Development prr "t, CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: May 6, 1986 SUBJECT: Approval of the preliminary plat of the DISD - Farris Road Addition, LL1t It Block 1 SUMMARY: An elementary school similar in design to Evers Park is proposed for this site. The target date for opening is Fall, 1987. The site is 9.963 acres in size and is located approximately 1,100 feet north of proposed Loop 288, adjacent and west of Farris Road, south of Hartlee Field Road, east of F.M. 428 (Sherman Drive), and perpendicular to silver Dome Road. Final annexation action for this site and approxi- mately 122 acres surrounding it is scheduled for the May 6, 1986 City Council meeting. February 4, 1986 Development Review Committee minutes are attached. Information on required improvements is contained in the DRC minutes. Requirements for this development are the same as those for surrounding property that must be platted and zoned. ACTION REQUIRED: Approval of the preliminary plat. RECOMMENDATION: The preliminary plat and plans are in compliance with requirements of the subdivision regulations and land development code. The Planning and Zoning Commission recommended approval at its April 23, 1986 meeting. ALTERNATIVE: Approval of the preliminary plat. ATTACHMENTS: 1. Redu.ed plat 2. DRC minutes of February 4, 1986 David Ellison .4- Senior Planner 01380 01' V.It11 r. 1,00.0 ° f r J2' WATP L[ 001 s PROV09f /J /j, `,yt~ 0 :rJ- I' ~ t • N. ee• 't4•t LN' , Ft N •t i ~ I ~ A FREEMAN SOUL R •I ~ r~ l ►q , . `•~,b'4ritlt`t'ASw utt►Rrn'K,n Y ) 1111111 I D.I. . D. - F*r is ROa Addition Sa, Lot t i ! JO' ~ Ba, 0 9,96! Nq0 o I of tM 1,011 11rBloeUfk0 ~1 60.9973 oerlf . Me df'd ) y 1- • 100' r f0 1 Rdry A 0 Al ger°IU rleo,d,d n V 1311,~A i63 ~0 W J c9T4Rr uRVEr ty 2e8 R ? VICINITY MAP ~v / ( Q !7 ~ N.ee•erAt 636 reca? W ° Sll: RDAf? esa _ fsr PROSED ee 444 aas b• I SA r 1Nf N. SEWER , II V. r m o „rve a rrUOb 1 I(A 4-- ' v N,r r 73 1A ~ 1e Afl EV 8010 AJ80CIARe IQ ! j PRELIMINARY PLAT OF LOT I , BLOCX I DISD, FARRIS ROAD ADDITION M r,it IN THE COUNTY OF DENTON , TEXAS NOTE; OWNER: - • NO MAJOR PROPOSED CHANGE IN TOPOORAPNY ANTOWED, DENTON INDEPENDENT SCHOOL SITE OUT OF 100 YEAR FLooDKAM, . PNOP£RTY CURRENTLY UNZONED, A VOLUNTARY ANNEXATION DISTRICT P, O,BO>t LIT DISTRICT , ITEXAS CT - T4POI AND PO ZOfNN0 REQUEST H.41 BEEN SUBMITTED. I . IS- 56 • t< SURKE 1 BSA I1 + CONSULTING Cm 'Two smm~ ~..~..d.A2'L Minutes Development Review Committee February 4, 1986 DRC Members Present.- David Ellison, Chairman, Virgil Allen, Robbie Baughman, Bob Davison, Sob Hagemann, Don McLaughlin, Ray Rumfield, David Salmon, Chris Smith, Tommy Stone, Steve Brannan, and Gilbert Bernstein Engineer, Planner, Architect, Surveyor, or other development interests present: Pablo Rubio I. Review of the Preliminary Plat of the uISD Farris Road Addition, Lot 1, Block 1 A. Engineering 1. Locate all utilities on the plat. 2. Farris Road is a collector and requires 30 feet of ' right-of-way from center line and perimeter street paving. City will participate. 3. City will not participate in Freeman Boulevard construction. 4. Sidewalk required on Fstrris Road and Freeman Boulevard. 5. Detention or downstream improvement required due to inadequate culvert downstream. It is our understanding that this will be taken care of with Greenfield Woods addition. We would like an overall development plan and/or letter to tie this down. 6. Need to address off-site improvements more clearly. B. Building inspection A minimum of three to four weeks for building permit review is required. 2. A building line setback is required along Freeman Boulevard. . 3. If zoning is "agricultural", minimum setback required is 40 feet. Zoning and installation of all required utilities is required prior to issuance of building permit. Minutes Development Review Committee 0100 Farris Road Addition, Lot it Block I February 4, 1986 Page 2 C. Fire 11 Fire hydrants required every 300 feet. 2. Must provide an all weather driving surface on not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus before construction begins. 3. Fire hydrants and water system must ue operational before construction begins. 4. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 5. Uniform Fire Cade, 19821 is applicable. 6. Preliminary plat is acceptable. D. Lone Star Gas 1. Service is available. 2. Closest gas service is on Kings Road east of Cooper Branch east. 4 E. General Telephone 1. Service is available. 2. Telephone is available from Farris Road. F. Sammons Cable Service will be available at the ena of 1987. G. DISD A one acre park will be donated to the City. It will be shown on the plat. minutes Development Review Committee DISD Parris Road Addition, Lot 11 Block 1 February 4, 1986 Page 3 H. Water and sewer 1. Art. 4.07 Water Utilities Standards. Basic Policy: Water systems shall be provided with a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply to furnish fire protection to all lots and to conform to the city of Denton Master Water Plan, the Comprehensive Utility Ordinance of the City of Denton and the Standard Specifications of the City of Denton, 2. Art. 4.08 Sewer Utility Standards. Basic; Policy: Sanitary sewer facilities shall be provided to service the subdivision adequately and conform to the City of Denton Master Sewer Plan, Standard Specifications and the Comprehensive Utility Ordinance of the City of uenton. 3. In order to serve this area with water, it will be necessary for the developer to install a 12" water line from Windsor, north along Old North Load to State Highway Department water crossing on Proposed Loop 288 at Kings Row, through existing 24" casing to east side of Proposed Loop 288. A proposed 30" water line begins at the east side of Proposed Loop 288 and runs southeast to 36" water line casing at Kings Row. A proposed 12" water line oegins at Kings Row and runs east along same, then northerly along Freeman Blvd, to west boundary of property. Proposed 30" water line to follow State Highway Department plans. Oversize of water line to be trom 12" to 30" size at 30" portion of line. 4. A proposed 18' sanitary sewer to be installed from existing 18" sanitary sewer at Windsor Road and north along Old North Road to 18" sanitary sewer crossing at Kings Row through proposed 24" casing to east side of Proposed Loop 288 and ~,.:~utheast to proposed 24" casing at Kings Row, then east along Kings Row and north along Freeman Blvd. to east boundary of the development. Oversize of sanitary sewer based on study of loading to be supplied by developer for school and remainder of development. 5. Further study required for water, sewer line locations, routin,;s and sizes, as well as oversize pro rata, and size requirements. Minutes Development Review Committee DISD Farris Road Addition, Lot It Block 1 February 41 1986 Page 4 C. Water and Sewer (continued) 6. What is usage of property? Retail, duplex, single family 7. Fire hydrants to be placed 300' apart in commercial or light industrial areas. 8. Fire hydrants to be place 600' apart in residential areas. 9. No pro rata charges are required. 10. No outside city limit approval required. H. Electric 1. Electric service available from the City of Denton. Would like to serve this site. 2. Electric service per commercial industrial regule.tions underground. 3. Street lighting required on all public roads, to be paid for by the developer. i. Parks and Recreation No comments. J. Planning and Community Development 1. Scheduling of this project must be coordinated with plans for development by Teasley Road Associates, 2. What will we do for public improvements and facilities if Teasley Road Associates' zoning proposal and plat(s) are not approved? This scenario should be addressed in some fashion before we proceed much further on this plat. ~c f CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: May 6, 1986 SUBJECT: Approval of Freeway Park Addition, Lot 2E 1 and 2E 2, Block A. being a replat of Lot 2E, Block A SUMMARY: This is a 0.769 acre tract located at the intersection of Barcelona Street and Mesa Drive. The property is zoned light industrial (LI) and a medical office is under construction. Two doctors will share the office, and th~l lot is being divided to establish separate ownership. ACTION REQUIRED: Approval of the replat. RECOMENDATION: The Planning and Zoning Commission recommends approval, ALTERNATIVE: Approval of the replat. 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OtAdoa", k w awwwo s", to a last Ohl hl 9 p ►rrgiwr Moe 0000 ate 0464rlw tow lerpat14 I"/rnesa OW Uka 164l" to S g a list they ""to" the oh+o tar too ►w►oo w Ow/tor cl"m wrA1a "proeM/ 001 e" to the tpwltl o"404, F R ' 01"11 agar y he" s" sell of tdllta this the - lot ot ,IoM, r/ o - e duo CeReloo" osplrser _ 1 BI TI 1011 CI III TI CA Tt SITE IoM ALL NI1 IV 7we ►111UMI ` Tart 1. stwlrrd YNIASO01r, RellMeted Mlle {aeagor, do tow"y twilfr Wt this k plot ad AorlptlRo was ytpot" It""act"t e" attareu awaey tot"" the ® E Ir"to MI the! the list H" obaN thermal Nat Oleo" Wor y "pwHOM 16 list "tor"oto oath red Ito, ' gg 04 April M COLIMA9 Iww7er11asAwAto 7mw IIMaEA' 1 ! 1 0 K. Sl y M. ty„ lualinph ermr1T14 EONApD E, YELAYOS AMA r CHARLES A, MCAOAMS N/\e7lr LOCA7 N MAP i,.~(• P- r~LOT I E1 AND Los i Ell AMC N KOCKAT20.7112 ACRES j M4MfIC ICAI! RC.CM. T LOT AL TW4 IIOMI Ion 1 4Y YlM M` Mumma in 11 001111WTION 1 064"d 6 1K/ AMN 1 /eat 11111" WSW -.AA WAU DATE JO/ to. gitr~at"w pa1LTdR Aid. 1'MO' !/1/11 7111 CITY COUNCIL AGENDA BACK-UP SUl4RAltY SHEET MEETING DATE: May 6, 1986 SUBJECT: Replat of the SUAmit Addition, Lots 1 and 2, Block 1 SUMMARY: This tract is 13.7 acres in si-e and located at the southeast corner of Johnson and Daugherty Streets. The City Council approved the preliminary plat as recommended by the Planning and Zoning Commission and staff. Allegro Vista, a collector street, must be extended approximately 1,050 feet west to a point perpendicular with existing Johnson Street. Existing Johnson Street is built to residential street standards and is inadequate to serve high intensity and high-density uses that are in place and p1janed. During the preliminary plat stage the Development Review Committee and Planning and Zoning Commission recommended that the developers of this tract place curbing along the southern terminus of existing Johnson Street to prevent a future connection of Dallas Drive and 1-35. If Johnson Street from I-36 to Dallas Drive is extended and connected in the future, an already hazardous intersection at Dallas Drive and Johnson Street will have to accommodate more commercial traffic. Daugherty Street and a railroad crossing are representative of other substandard transporta- tion facilities in the vicinity that would also be impacted, it a connection is made, The City Council approved the preliminary plat as recommended by the Planning and Zoning commission and staff. All other public facilities and utilities are adequate and available for extension. ACTION REQUIRED: Approval or denial of the final plat RECOMMENDATION; Plans conform to preliminary plat requirements and Subdivision Regularions. The Planning and Zoning Commission recommends approval. CitY Council Xgenda MAY 6. 1986 Page 2 ALTERNATIVE: Approval of the replat ATTACHKENTB: 1. Reduced plat 2. Letter of October 9, 1985 A.kj 4~1~ David Ellison senior planner 13429/1 vr~IlA Q ~i etlitt.r fA^W *940101 Ad Vitt P,11101 1 Aartl Isrr ro I if ri ~•+/le_ Vitt rase su+' 1 •r+,_. _ . 0 w 101 _ } aa• d5' t3" 1 10. 1147' let -1 1 l - i i .Jru r l =t •-fit39'90"w +641' + r. Orr + 1'■011 g0it 01100 ,u 1 ) I'. 1 llfelY SS'L IA.lS' It. 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I•'• 1Nr Y aalh owl 14Aere. •A rain a„ u r .P 1 14 -1 the IA.l I I m :.t Hm l.,. Ant torntr of 11w r.,ld A'.tlrio,. I. .1. I".4anlnd r•A. Ilm• Ill hplm,fn ♦ nA1, x+.«II A'.lillknh 1 AI.1u •I 1..", of ro iVi If it 11 PeutrwAtt r,wcnr nl Ilt• x•II " r 1 5+tth Ml IL't1.01 At' FIIrrllet 4I I'rrr111dA I.n:l van, the Ierie-imd raft ttIJ%ff )i All lkhtre4 41I Olnwlul Ira o.n~tr +f nlllp tl, ••1114 ti".. ul Inn fPE PLAT OF a IM $At,1 1o1M4.n Acrid .oil Ito Lr• 1 I Imo ill IM' 4434 4Adltlon A I ,•rnll 6Ad111m 4101 feeerAlly with I I.n'•r 1 111.1111tro AI W11,011 Ir.l In " T H E S U MM I T " Arlin Of 111,91 lent le A fmnr rorrrt rn,l al 11w NUtnn'AAt 'from Iii t.h1, IlAfr of, PIY.LN7f MJ mil earle4llln 11.:11 a rrA Ar L1f1, 1414 a.Idltlrn,i 1 C South Al reAror4 Al Nhrllhn If "•rrnlf• 1.1.1 will, Ito, yuNh Iho nl till :fA4 TIIYNfYdtlll 9KOr AM, 111:1 fl1' t1!fsl. to"'ioit 'a A D DIT Ia N UflltirM ant frn1•IA11Y wllh + I,•.n" .1 III-J,I,Inr of In'h,a) P•ot Ira 411 Ilwll LOTS 1 a 2 1 !LOCK 1 1`01,14 at Ito IA1rth0A.1 UM root .I II.,' laid ad-Ill bit I far 1mi6w"ul rnl» ihtl, W11'I■ W. 0Prr117NN'19, der. Ile, Cr ra•I. I', lift, part '10Nr+1411 nf. If. Nrrtn f IM Refill, of elrrw lye, 111+:1 Ih•11n11wvl of L'-I-A Arras n11tityllior 4r.rrterll Ptq'ertt 14 II W Iw.11 IJ 1'. f+ 11,01 111111,4 Ill1'A•ally 111 Iru' CRT Y OF DENTON . 44 Ih^ 41141 t"11,W I,•1,•np4 In Inle 1, b eito It hl 11!1 1114 i't.ll Ar. 4M, *at" CmAlyl, Teur 4M dart littler Ar.I Ir A.1e In liar! rlatir wit ,n1r11 two Wool rlrhh•nf•w+ 4M1 IM611r to r.•n'c .1rwn twrerll, OEMTaN COUNTY TEXAS I Y +J t 4 ore/ 1-0 -'N Poll I/el■ 811 'swc..nJ a«l lr4rr Ir. NOR- COLEMAN w AI IOCIA~ 1.•. 1'r "AYt rl ll 11 14K - NI+'Ib M. urnflTMllU r `i•.~,I,t!`Vtt,i' •e.r/tr 11 ►,9. B0■ 4s0 it rl /1 otNtN, ItXAS 10, Clry*foff"ON, rtes MUNICIPAL WILDING / DWON, I*EXAS 16201 / TELEPHONE (811) 566,j October 9, 1905 Mr. Robert Rayner 700 Dallas Drive Denton, Texas 76201 Dear Mr. Raynec: 11I: ROAD IMNTS FOR SUMMIT ADDITION RAYNER SUBDIVISION AND REPLAT OF THE Jerry Clack. City Engineer and the Planning and Development Department have teconsideted plans toe transportation facilities in the atea of the above referenced plats, we are prepared to recommend the following to the Planning and Zoning Commission and City Council: 1. Johnson Street will be tetminated and turned to the west to Coca a 90-degree connection with Daugherty Street. Permanent curb must be installed at developers expense and plans for said Curb are needed in conjunction with a final plat. 2. Dedication of 6o feet of tight-ot-way and engineering plans tot the proposed new sectiO n of Johnson Street, extending south from Alleges Vista to I-35 (to be funded at developers expense) must be appcoved before acceptance of a final plat and tisuance of building permits. The objective of the above conditions is to restrict traffic to be genscated by future development along Johnson Street, north of Allegro Vista, Please submit revised pceliminaty plat information tot both the Raynor Subdivision And Summit Addition replat consistent with recommended plans for transportation facilities. Letters of commitment from all property owners involved in Johnson street right-of_way dedication and toad, is",•Peaents is also r- before the planning and Unity- ;adluston considers a txaitd recommendatim Mt. Robert Raynec Octobet to 1989 Paq• t atea camas, the ceQOSSended Method of pianninq toads in this ar May not met with your satisfactiono or the planning and Zoning commission may choose to not accept the staff proposal. Please notify us immediately it thecs are any questions, pcobloas. or Concerns. A letter confirsinq your position an this mutter would also be greatly appteciated before any fucthec action is scheduled or taken. Respectfulty, L& David Ellison Senior Planner i4 cc: Jerry Clark 1044) i JAN N.a~r~oT.y'•-u- A4o -1~ ,Ovy,~, , ti?,y4a., 7G„v + PHA 38a 74",4.,o Lt&i a. ;&4L 4.l,4)1,r... dal-a, . r / ~ n I r .4 4v c-, Atu, 1- 0 his desire to have the Council vote on this transfer prior to the election and we are working toward meeting this objective. I do want to alert you that we may be requesting a special called meeting for such purpose during the first week of April. B./~On January 8, 1986, Charlotte Allen, City Socretary, received a letter from Mr. and Mrs. Boyer, requesting an exclusive taxi franchise from the City. As you know, a history of antitrust litigation against cities during the past four years requires careful legal research and structuring to avoid lawsuits. The City of Fort Worth is in federal court defending the Council's award of an exclusive franchise for ambulance service; the legal and other consulting fees are astronomical. Attached for your review is a short memorandum Assistant City Attorney Joe Morris has drafted regarding this subject. Before he spends several days of research on this matter, we would like to know whether the Council would want to limit taxicab service to one operator. For example, the City of Dallas encourages the granting of multiple licenses for cab service, as there always seems to be a shortage of taxicabs in service. At your request, Joe will proceed in this matter. C. Attached is a memorandum discussing the results and recommen- dations concerning the Municipal Judge position as a result of several discussions between Howard Watt, Judge Milner and me. D. With your permission, I will be taking five days' vacation commencing Play 2. Respectfully submitted, .t b Cc Debra Adami Drayovitch DAD:js xc: Lloyd V. Harrell, City Manager i 1DOFIFICE OF THE CLTY ATTORNEY MEMORANDUM TO: Debra A. Drayovitch FROM: Joe D. Morris, Assistant City Attorney SUBJECT: Request for Exclusive Taxicab Franchise DATE: March 14, 1986 On January 10, 1986, Charlotte Allen, City Secretary, forwarded a written request from Denton Taxi Service asking that the City of Denton grant it an exclusive franchise to operate all licensed taxicabs within the City. We have been asked to address what action need be taken in order to grant the request. Although the City Charter provides for the granting of franchises to companies that wish to make use of City property to carry on its business activities, a request for an exclusive franchise to operate a taxicab business raises significant legal issues that should be addressed before the procedural steps that would be required to be taken to grant such a franchise are answered. Exclusive franchises such as the one being requested are subject to attack, as you know, for being in violation of federal anti- trust statutes, specifically the Sherman Act, 15 U.S.C. Sec. 1, and the Clayton Act, 15 U.S,C. Sec. 3. These statutes prohibit certain anticompetitive activities and provide civil remedies to parties who are damaged as a result of those activities. To understand how these statutes could apply and to clarify some of the significant legal issues that would need to be addressed should the City wish to grant the request for an exclusive taxi- cab franchise, a brief review of the major court decisions interpreting the federal antitrust statutes, as they apply to municipalities, is necessary. In Parker v. Brown, 63 S.Ct. 307 (1943), it was held that it was not intended t Rat federal antitrust statutes were to be applied to anticompetitive practices of a state acting through its legislature. Municipalities, on the other hand, were held not to be beyond the reach of the antitrust statutes unless their anticompetitive activities were authorized by a state "pursuant to state policy to displace competition with regulation or monopoly public service." Cit% of La£a ette Y. Louisiana Power 4 Light Co., 98 S. Ct. IIZ3 k1973). Although the municipality' nee ""noot ~"Te able to point to a specific, detailed legislative Debra A. Drayovitch March 14, 1986 Page Two authorization" to prove that a state policy to displace com- petition exists, it would be required to show that is acted pursuant to a "clearly articulated and affirmatively expressed state policy" that was "actively supervised" by the State. Id, at 1135. In Community Communications Co. v, City of Boulder, M S.Ct. 835 (19,Z)O the aunt e t at a municipality's status as a home rule citty under a state's constitution, which conferred upon the City the general authority to govern local affairs, did not in itself constitute a "clear articulation" of a state policy to authorize anticompetitive conduct by the City with respect to the regulation of cable television. After City of Boulder, there remained considerable uncertainty as to how expli:;It a state's legislative authorization had to be in order to sanr.tion the municipality's anticompetitive activity so that is could successfully claim exception from antitrust scrutiny. Would it be enough to show that the state authorized the activity, or would it be necessary to show that the anti- competitive conduct was compelled by the state? Did Parker immunity apply absent active state supervision, or did the state have to retain a more active role in order to immunize the city? Much of this ambiguity wa:, resolved recently in Town of Hallie V. City of Eau Claire, 10S S.Ct. 1713 (1985). In C t o Eau Claire0 a unanimous ('`curt held that the "clear articulation" Yf a state policy to displace competition does not require that the state legislature "have stated explicitly that is expected the City to engage in conduct that would have anticompetitive effects"; it is sufficient to show that the "legislature contemplated the kind of action complained of." Id, at 1719. Moreover, the Court held that "although compulsion aa'firmatively expressed may be the best evidence of state policy, it is by no means a prerequisite to a finding that a municipality acted pursuant to clearly articulated state policy." Id. at 1720. Finally, the Court held that the suggestion made by the Court in City of Lafayette, "that a city claiming the state action exemption must show that its anticompetitive conduct was actively supervised by the State . . . should not be imposed in cases in which the actor is a municipality." Id4 at 1720. Although City of Eau Claire put to rest much of the ambiguity that had previously ex ste `in analyzing a claim that a munci- pality's anticompetitive activity is or is not exempt from federal antitrust statutes, some uncertainty remains. The pre- liminary results of the principles stated in City of Eau Claire, Debra A. Drayovitch March 14, 1986 Page Three as applied by the courts in pending litigation, are only now beginning to be seen. In Independent Taxicab Drivers' Bm to ees v, Greater Houston Transportation ~o~., 106 SIct Z310 tile court applied the principles of city of au Claire to a claim brought against the City of Houston by taxicab operators after the City granted an exclusive concession for passenger service at the Houston Intercontinental Airport to one taxicab company. In deciding in favor of the City, the court stated that "Texas has delegated the management of both private paid carriers and airports to the state's municipalities through statutes expressly directed toward these ends," Id, at 611. The conclusion reached by the court we.s based on its analysis of two state statutes. The first statute authorizes municipalities "[tlo regulate, license and fix the charges and fares made by any person owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets ant'. alleys of the city." Tex,Rev.Civ.Stat.Ann. art. 117S(21)(Vernon 1963), The other cited statute "specifically authorized . . . municipalities to grant contracts for the provision of goods and services at their airports," Tex. Rev. Civ.Stat.Ann. art, 46d-4 (Vernon 1969) Id, at 610. Construeu together, the court held that the state statutes "articulated a policy of regulatory deference to its municipalities" which exempted the City from the constraints of the federal antitrust law. Id, at 611. Although Independent Taxicab makes clear that a municipality may grant an exclusive taxicab franchise at an airport it operates, it does not clearly answer whether an exclusive franchise may be granted to a taxicab company to operate upon the public streets of a city where such operations are not in conjunction with ground transportation services at the city's airport. The question left unanswered by the court, obviously, is whether the state statute quoted above, which authorizes Texas municipalities "to regulate, license and fix the charges and fares" of taxicabs, by itself, is a "clearly articulated and affirmatively expressed" state policy to displace competition in general taxicab opera- tions within a city. I would suggest that prior to devoting the considerable time in legal research that would be necessary to fully address the question left unanswered in _1_n_d~eRe,nndent Taxicab, that the City Council review the request and make a etermination whether the Debra A. Drayovitch March 14, 1986 Page Four granting of an exclusive franchise would be appropriate. In this regard I would note that Denton Taxi Service stated in its written request that "(wle would like to receive this franchise to protect our taxicab investment as we have been hearing that others are wanting to start more taxi businesses in Denton.', Obviously an exclusive franchise should not be granted merely to protect a party from competition. A primary purpose of an exclusive franchise is to insure adequate public service in the activity being regulated, that could not or would not otherwise be provided without such anticompetitive regulation. It is for the benefit of the public that exclusive franchises are granted. Of course, whether adequate taxicab service can be provided to the public only with anticompetitive regulation is a legislative determination to be made by the City Council after careful consideration of facts showing the need for such regulation. In closing, it should be noted that while municipalities are now shielded from the payment of monetary damages for violations of federal antitrust laws, as a result of the passage of the Local Government Antitrust Act of 1984, they are still subject to injunctive relief for any such violations. Since attorney fees may still be awarded along with any injunctive relief granted under 15 U.S.C. $26, substantial costs can still result from a violation of the antitrust laws. Respectfully submitted, D, MORRIS JDM: jw t ~ T Denton Beautification Committee recognizes ;S&lYtc¢ Wt& 4i~6 for significant propert improvement in the C~~ Category, This award presented on behair of the citizens of Denton in cooperation with the City of Denton and the Demon larks & Recreation Department. I'ci kti e. Ito( rvaowi I mt,t~ ti ~ Ot, city Of I3eflton 1 l/"'0+0111P/IAM V MA W. Denton Beautification Committee recognizes /WZ:j6./ APO '0A LMMM for significant p operty improvement in the 1051 ii~tr Category. This award presented on behalf of the citizens of Denton in cooperation with the City of Denton and the ' Denton Parks & Recreation Department. F < rk5 & He( Fealion Dileclot yor, Cl of Denton DATE: 0S/O6/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: HOLT A PUBLIC HEARIING CONCERNING THE REQUEST OF OAKHILL JOINT VENTURE AND THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 142 ACRES BEING PART OF THE MORREAU FORREST SURVEY, ABSTRACT 417, AND TUE GIDEON WALKER SURVEY, ABSTRACT 1330, AND BEGINNING APPROXIMATELY .9 MILE EAST OF MAYHILL ROAD AND ENDING APPROXIMATELY 20000 FEET EAST OF TRINITY ROAD (A-35) REC2MMENDATION: The Planning and Zoning Commission recommends approval. SUMMARY: If approved, this annexation will extend a 500' strip east along E. McKinney (FM 426) to the southwest corner of the Lakeview site already annexed and zoned. Approximately 80 acres are part of a voluntary request and the balance is proposed for involuntary annexation. BACKGROUND: oakhill Joint Venture requested voluntary annexation for 80 acres and indicated that future cluster housing/single family detached 6,000 square foot lots would be requested. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Property fronting along F.M. 426 (250' along both sides from the center line) is included in the involuntary portion of the request. At least two residences are located within the 80 acre area requested icr voluntary annexation. Sixteen (16) owners were notified of the inclusion of their property in the proposed annexation. Approximately eight (8) residences/ structures appear to be included within the 500' strip proposed along East McKinney, FISCAL IMPACT: Undetermined Re ectfu11 submitted; 'V y Prepared by: n - "Y1~ Harrell City Manager. David Ellison Senior Planner Appr r Jeff Me Director of Ylanning and Dwelopment 16819 i3l3L NOTICE OF 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 incor. porated by reference herein, to the coiporate limits of the City of Denton, A Public Hearing will be held by an efore the ty Council of the City of Denton, Texas, on the day of , 1986, at 7:00 o'clock P. M. in the Cii y ouncil Cam 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 311 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. A Public Hearing will be held by a d efore the C ty Council of the City of Denton, Texas, on the day of 1486, at 7:00 o'clock P. M. in e th City Council C a■ er o t Fe Municipal Building of the City of Denton, Texas, for all persons interested in the above proposod 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. CI OF D NTON, TEXAS ATTEST: A-351OARHILL JOINT VENTURE EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the County of Denton State of Texas, and being port of the Morresu Forrest Survey, Abstract 417, and the Gidtton Walker Survey, Abstract 1330, and being more fully described as follows: BEGINNING at a point lying in the present city limits, said point lying at the intersection of the East boundary line of the tract described in Ordinance 83-134, with a point lying ISO feet Northeast of and perpendicular to thb center line of F.H. 426 (McKinney Street); THENCE Southeasterly, 250 feet Northeast of and parallel to the center line of F.M. 416 the following 7 courses and distances: (1) South 536 43' East, 712.47 feet to a point, said point being the beginning of a curve to the left with a radius of 5,479.5 feet, central angle of 30 3810 and a chord bearing of South 55° 321 East, 347.42 feet; (2) Southeast along said carve an arc distanco of 347.Sd feet to a point; (3) South S70 21' East, 786.6 feet to a oint, said point being the beginning of a curve to the right wiJ, a radius of 1,523.24 feet, a central angle of 140 43', and a chord bearing of South 494 59' 30" East, 390,18 feet; (4) Southwest along said curve passing the South boundary line of said M. Forrest Survey, same being the North boundary line of said Gideon Walker Survey, and also crossing a county road and continuing an are distance of 391.26 feet to a point; (S) South 42° $8' East, 10947.50 feet to a point, said point bein the beginning of a curve to the left with a radius of 7914 feet, a central angle of 30° 01, and a chord bearing of South 570 38' East 409.$8 feet; (6) Southeast along said curve an arc distance of 414.29 feet to a point; (7) South 720 38' East, 1,220.06 feet to a point for corner, said point lying in the present city limits as established by Ordinance 85-210, Tract I, said point also lying In the East boundary line of said Gideon Walker Survey; THENCE South 04 45' 09" West along said present city limits and the East boundary line of said survey, a distance of 233.83 feet to a point for corner, said point lying n the Northeast right-of-way of F.M. 426; THENCE South 150 19' 02" East along said present city limits and said survey line crossing said P.M. 426 a distance of 137.11 feet to a point for corner; THENCE South 1° 30' 37" West along said lines a distance of 226.11 feet to a point for corner, said paint lying 250 feet Southwest of and perpendicular to the center line of F.M. 426; THENCE Northwesterly ISO feet Southwest of and parallel to the center line of F.M. 426 the following 4 courses and distances; (1) Northwest along a curve to the left with a radius of 704.93 feet, a central angle of 230 2410 an are length of 282.98 feet, a chord bearing of North 600 $61 West, 280.98 feet to a point; (2) North 720 $8' West, 1,147.6 feet to a point, said point being the beginning of a curve to the right with a radius of 10291.74 feet, central angle of 30° 0' and a chord bearing of North S70 38' West, 668.65 feet; (3) Northwest along said curve an arc distance of 676.48 feet to Ma oint; (4) North 426 38' West, 861.57 feet to a point for corner, said point lying in the East boundary line of a tract conveyed to A-35/OAKHILL JOINT VENTURE Daniel H. bailer by deed dated 11.25.78, and recorded in Volume 917, page 381 a the Deed Records of Deaton County, Texas; THENCE South 10 46' 43" West along %he East boundary line of said tract, a distance of 4,210.17 Not to a point for corner, said point being the Southeast corner of said tract; THENCE North 890 22' 35" West along the South boundary line of said tract a distance of 13S,38 feet to a point in the middlo of Pecan Creek; THENCE Northwesterly along the South and West boundary line of said tract, same being the middle of Pecan Creek, the following S courses and distances; (1) North 21° 01' 43" West, 187.49 feet; (2) North 350 28' 08" West, 73.37 feet; (3) North 630 27' 14" West, 181.01 feet; (4) South 616 44' 31" West, 93.55 fact; (S) North 64. 10' 43" West, 224.81 feet; (6) North 720 36' 151' vest, 76.07 feet; (7) North 050 S9' 16" West, 53.31 feet; (8) North 061 S3' 32" Bast, 380.63 feet to a bend in Pecan Creek; THENCE North 011 48' 48" East continuing along the West boundary line of said tract a distance of 2,796.61 feet to a point; THENCE North 010 44' 02" East continuin along the West boundary line of said tract a distance of 1,371.66 feet to a point for corner, said point lying 2S0 feet Southwest of and perpendicular to the center line of P.M. 426; THENCE Northwesterly, 250 feet Southwest of and parallel to the center line of F.M. 4269 the following 5 courses and distances; (1) North 42° 38' West, 15.36 feet to a point, said point being the beginning of a curve to the left with a radius of 1,023.24 feet, a central angle of 14° 43' and a chord bearing of North 496 59' 30" West, 262.10 feet; (2i Northwest along said curve an arc distance of 262.82 feet to a point; (3) North S70 21' West, 786.6 feet to a point, said point being the beginning of a curve to the right with a radius of 3,979.58 feet, a central angle of 30 38', and a chord bearing of North S51 32' West, 379.12 faet; (4) Northwest along said curve an arc distance of 379.24 feet to a point; (5) North S30 43' West, 346.53 feet to a point for corner, said point lying in the present city limits as established by Ordinance 83-134; THANCE North 00 05' East along the present city limits crossing said F.M. 426 (McKinney Street) a distance of 619.61 feet to the place of beginning and containing 142.0 acres of land more or less. A-35/0AXHILL JOINT VUTUAS PLAN OF SERVICE FOR S AREA CITY OF DENTON. TEU WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS : Section 1. Pursuant to the provisions of Article 970& 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 regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. i Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area. I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present.city will be 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. M Servico Plan Annexed Areas page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately B months after the effective date of annexation. II. Capital Impro`►emont Program (CIP) The CIP of the City consists of a five year plan that is 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 CXP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accorLingly to the same establisheA criteria as all other areas of the city. '(V~Awo ~a14 V 423 n~11 ~ r~• wrrr 10 r p■■ r Rcio 7/71 1. A I r W ~ s'r • .a.. n+~•r 111 r~.nr~ 1 !I / If 4 i sf . Sir (SHADY I $HOffir N Y iYr 1 rr ..r. 1 L -J » ` . CLLMTUPI~ll w Aw3 sCHOOL oPARKe ,.,.,e. OPEN SPAOS PRELIMINARY 01 OPMENT CONCEP'T' OAKHILL JOINT VENTURNt BY . RAMBIEY OEVELOPMiQNT CORPORATION ME I OPLUX ENOINEEIaINO CORPORATION 1103 "1' WORTI-0 co" rAINTO 7 XAS 7V" sir ~p 1.,t~ 1MTM 430-i M B. Recommend approval of request of Uakhill Joint Venture and the City of Denton for annexation of approximately 142 acres being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 DQAr"r mile east of Mayhill Road and ending approximately 1,000 feet east of Trinity Road. (A-35) STAFF REPORT: Mr. Ellison stated that if approved, this annexa- tion will extend a 500 foot strip east along H. McKinney (PH 426) to the southwest corner of the already annexed and zoned site of the proposed Lakeview development. Approximately 80 acres are proposed for voluntary annexation, and the balAnce is proposed for involuntary annexation. The City Council held one public hearing on April 15, 1986, and a second public hearing will be held on May 6, 1986. He said that sixteen (16) owners were notified of the proposed annexation and that the City Council received one reply in favor and zero in opposition for the first public hearing. He said that approximately eight (8) residences or structures appear to be within the 500 foot strip proposed along East McKinney. He said a very rough conceptual plan is included in thR backup. He added that staff feels it is a legitimato request. DECISION: Ms. Brock moved, to recommend approval of A-35, seconded by Ms. Cole and unanimously carried (6-0). C. Recommend approval of request of Miller of Texas, Inc. and the City of Denton for annexation of approximately 301.8 acres be- tween 1-35H and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 33U. (A-38) STAFF REPORT: Mr. Ellison stated that this is the site for the future proposed Lakeview 11, South and 2.1. He said that one City Council public hearing was held on April 150 1986. A sec- ond and final public hearing will be held on May 6, 1986. lie said this annexation request was submitted on January 16 1986 and the earliest possible date for final action is June 14, 1986. He said that zoning is not scheduled for City Council action un- til after final annexation action. He said that this is as far east the city can go without infringing on other cities. He said that there is existing dwelling units with 12 persons being af- fected and will need to be served by the City of Denton if Lake- view does not develop. Seven property owners were notified of the request and one reply was returned in favor and zero were returned in opposition. DECISION: Ms. Cole moved to recommend approval of A-38, secon ed by Mr. Pearson and unanimously carried (6-0). A-35 AMXATTON SCHEDULE March 24, 1986 Submit agenda item ✓ March 26, 1986 Submit agenda back-up April 1, 1986 City Council sets date, time and place for public hearing April 2, 1986 Notice to Denton Record Chronicle ✓ April 4, 1986 Publish notice and mailout &,-'~'April 7, 1986 Submit agenda item ~_✓April 9, 1986 Submit agenda back-up * ✓April 15, 1986 City Council holds first public hearing at regular meeting +-rApril 23, 1986 Planning & Zoning Commission makes recommendation on proposed annexation ✓April 23, 1986 Notice to Denton Record Chronicle t-~April 28, 1986 Publish notice and mailout April 28, 1986 Submit agenda item April 30, 1986 Submit agenda back-up * May 6, 1986 City Council holds second public hearing at regular meeting May 12, 1966 Submit agenda item May 14, 1986 Submit agenda back-up * May 20, 1986 City Council institutes annexation proceedings at regular meeting May 22, 1986 Ordinance to Denton Record Chronicle May 25, 1986 Publish ordinance June 16, 1986 Submit agenda item June 18, 1?86 Submit agenda back-up * June 24, 1986 Final action by City Council at regular meeting * Denotes action by the City Council 09648 r, 7 s.. 7-`'?~''5 rATE: 05/06/86 CITY COUNCIL REPORT FQRMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE REQUEST OF MILLER OF TEXAS, INC.t AND THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 301.8 ACRES BETWEEN I-35E AND F.M. 4260 BEING PART OF THE GIDEON WALKER SURVEY, ABSTRACT 1330, AND THE W. DURHAM SURVEY, ABSTRACT 330 (A-38) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of April 23, 1986. SUMMARY: This annexation request is for additional property to be included in the Lakeview development proposal. Approximately 1.97 acres is involuntary, but Miller of Texas is planning to negotiate for purchase of the property. BACKGROUND: This annexation request was submitted on January 16, 1986. The earliest possible date for final action is June 24, 1986. Zoning is not scheduled for City Council action until after final annexation action. PK RAMS. DEPARTMENTS OR GROUPS AFFECTED: According to the petitioners, approximately 5 dwelling units and 12 persons are located withi!i the area of proposed annexation. FISCAL IMPt.CT: Undetermined ReApectfl,lAy submitted: Llo F ar e 1 Prepared bys City Manager Or"' David Ellison `F Senior Planner Appro ds Jeff Mey Director of Planning and Development 1680q 13g2L NOTICE Of PUBLIC HEARINGS ON PAOPOSBD 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 incor- porated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by an fore the t Council of the City of Denton, Texas, oa the /day of 1986, at 7:00 o'clock P. M. in the CT y ounctl C am ers o t e Municipal Building of the City of Denton, Texas, for all parsons interested in the above proposed annexation. At said time and place all such psirsons shall have the right to appear and be heard, Of all said matters and things, all persona interested In the things and matters herein mentioned, will take notice. A Public hearing will be held by aefore the Ci Council of the City of Denton, Texas, on the day of 1986, at 7;00 o'clock P. M. in the C ty ouncil C am era t e Municipal Building of the City of Denton, Texas, for all W rsons 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 notice. '-;~a 1 -a /07~-. CITY OF DE TON, TEXAS ATTEST: A• Sg1NULU OF TEXAS ~iYfL BXHIB:T "All All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being pare of the Gideon Walker Surrey, Abstract 1330, and the W. Durham pa Survey, Abstract 330, and being more fully described as follows: BEGINNING at a point lying in the present city limits, said point lying at the intersection of the North boundary line of the tract described in Ordinance 84-97, with a point lying in the center of Swisher Road, saiddy point also being the Southwest recordedcorner Volumeo414',nPgev65eoEttheeDeed Rye by deed County, Texas; THENCE North 000 06' 04" East with the center of Swisher Road and with the west boundary line of said tract a distance of 10510.87 feet to a point for corner, said point being the Western Northwest corner of said tract; THENCE North 190 50' $8" Bast along the north boundary line of said tract distance of 1,655,56 feet to a point for corner; THENCE North 006 41' 3S" East along the Easterly West boundary line of said tract a distance of 320,18 feet to a point, said point being the North Northwest corner of said Hopkins tract and the Southwest corner of a tract of land conveyed to D. P. Roddy, et all by deed recorded in Volume 1363, Page 611 of the Deed Records of Denton County, Texas; THENCE North 00° 08' S1" West along the West line of said Roddy tract a distance of 1,166,92 feet to a point, said point being the Northwest corner of said tract, same being the Southwest corner of a tract of land conveyed to Virginia Lee Fowler by deed recorded in Volume 986, Page 811 of the Deed Records of Denton County, Texas; THENCE North 004 131 37" West along the West boundary line of said Fowler tract a distance of 373.95 feet to a point; THENCE North 000 42' 25" West along the West boundary line of said Fowler tract a distanc% of 806.45 feat to a point for corner, said point being the Northwest corner of said tract; THENCE North 890 29' 03" East along the North boundary line of said Fowler tract passing at 954.11 feet the Northeast corner of said tract, Same being the Northwest corner of a tract of land conveyed to David D, Vaughn by deed recorded in Volume 986, Page 827 of the Deed Records of Denton County, Texas, and continuing a total distance of 1161. 48 feet to a point for corner, said point lying in the North boundary line of said Vaughn tract, said point also being the Southwest corner of a tract of land conveyed to Raymond Lee Grimes by deed recorded in Volume 1411, Page 6$4 of the Deed Records of Denton County, Texas; THENCE North 000 40' 16" West along the West boundary line of said Grimes tract a distance of 83,55 feet to a point, said point being the beginning of a curve to the right with a radius of 10440.0 feet, a central angle of 220 00, 0011, and a chord bearing of North 106 19' 44" East, 549.53 feet; THENCE Northeast along said curve an arc distance of 551.92 feet to a aoint; THENCE North, 210 19' 44" Bast alon the West boundary line of said Grimes tract a distance of 198.69 feet to a point for corner, said point betag the northwest corner of said tract; A•31/MILLER OF TEXAS THENCE South 700 46' 34" Bast along the North boundary line of said Grimes tract a distance of 250,0 feet to a point for corner, said point lylaj in the Most boundary line of Lake Lewisville, said point also being the Northeast corner of said tract, same being the Northwest corner of a tract of land conveyed to L. Fulton by deed recorded in volume 262 page 424 of the Deed Records of Denton County, Texas, and also a U.S. Army Corps of Engineers Monument P-237-W; THENCE Southeasterly along the East 'ooundary line of said Fulton tract, some being the West boundary line of Lake Lewisville, the following 8 courses and distances; (1) South 21. 3S' 32" East, 1,164.14 feet to a U.S. Army Corps of Engineers Monument P-136-W; (2) North 790 33' 36" East, 244.92 feet to a U.S. Army Corps of Engineers Monument P-23S-W (3) South S3. oil 38" Bast, 477.87 feet to a U.S. Army Corps of Engineers Monument P-234-W; (4) south 410 03' 34" East, 385.97 feet to a U.S. Army Corps of Engineers Monument P-233-W; (S) South 41' 321 3711 Bast, 302.I5 feet to a U.S. Army Corps of En !nests Monument P•232-W; (6) South 30° 15, 39" West, 359,62 toot to a U.S. Army Corps of Engineers Monument F-231-W; (7) South S1• U9' 2S" West, 681.09 feet to a U.S, Army Corps of Engineers Monument P-230-W (8) South 23' 32' 36" West, 247.87 feet to a point for corner, said point also being a U.S. Army Corps of Engineers Monument P-229-W; THENCE South 89. 46' 4709 West alon` the South boundary line of said Fulton tract a distance of 715,38 feet to a point for corner, said point being the Southwest corner of said tract, said point also lying in the east boundary line of a tract of land conveyed to Steven A. Higgins by deed recorded in Volume 15100 Page Sl of the Deed Records of Denton County, Texas; THENCE South 01" 06' 30" East alonq the East boundary line of said Higgins tract a distance of 7oS.77 feet to a point, said point being the Southeast corner of said tract, same being the Northeast corner of said Hopkins tract; THENCE South 000 08' 41" East along the East line of the Hopkins tract a distance of 10788.55 feet to a point for corner, said point being the Southeast corner of said tract; THENCE South 896 OS' 12" West along the South boundary line of said Hopkins tract passing the Northeast corner of the city limits as described in Ordinanco 84-97, said point lying in the intersection of Swisher Road to the South and Pockrus Road to the West, and continuing along said city limits and in said Pockrus Road, a distance of 3,SSO.6S feet to the place of beginning and containing 301.80 acres of land, A-30 MILLEII OF TEXAS PLAN OF SERVICE FOR ANNE= AREAS CITY OF DENTON. TEXAS WHEREAS, Article 970& as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS : Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B, 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 articla 4.09:, of appendix A of the code of the City of Denton, Texas, D, Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article -4:09 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, 1 Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of anne).oation. 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. T. Street Lighting (1) Street lighting will be installed in the substan- tie.lly developed areas in accordance with the established policies of the city. J. Recreation (1) Resideats 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. 3 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 service, as compared to other areas based partly on density of population, magnitude of problems compared to otter 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 pl.,nning 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 oriteria as all other areas of the city. f7~ j AKr L~W~WVI4LA AGREEMENT LINE Ordinance 0 74-33 August 20, 1914 >a H , , I q 10 "M x A REMNT QUE Vol. 625l Pg. 447 Oentsn City Llmltis Shady Whores City Limits' Corinth City Limits NOW COMPOSITH CITY LIMITS and H.T.J. Annexation Location Mop 140n1wo119uex fiNO r4l"11BW0 001~I M IAT11ON n O"an opal ,~••w" 4 of 4 RBC1919BD JAN 1 A- 38 1986 B. Recommen, approval of request of Uakhill Joint Venture and the City of Denton for annexation of approximately 142 acres beinki part of the Morreau Forrest Survey, Abstract 4170 and the Gideon Walker Survey, Abstract 1330, and beginning approximately .9 'DPRF r mile east of Mayhill Road and ending approximately L,UUO feet east of 'trinity Road. (A-35) STAFF REPORT: Mr. Ellison stated that if approved, this annexa- tion will extend a SOU foot strip east along B. McKinney (FM 426) to the southwest corner of the already annexed and zoned site of the proposed Lakeview development, Approximately SO acres are proposed for voluntary annexation, and the balance is proposed for involuntary annexation. The City Council held one public hearing on April 1S, 1986, and a second public hearing will be held on May 6, 1986. He :)aid that sixteen (16) owners were notified of the propposed annexation and that the City Council received one reply in favor and zero in opposition for the first public hearing. He said that approximately eight (8) residences or structures appear to be within the SOO foot strip proposed along East McKinney. He said a very rough conceptual plan is included in the backup. He added that staff feels it is a legitimate request. DECISION: Ms. Brock moved to recommend approval of A-35, seconds by Ms. Cole and unanimously carried (6-0), C. Recommend approval of request of Miller of 'texas, Inc. and the City of Denton for annexation of approximately 301.8 acres be- tween 1-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. (A-38) STAFF UPURT: Mr. Ellison stated that this is the site for the but re proposed Lakeview II, South and 2.1. He said that one City Council public hearing was held on April 1S, 1986. A sec- ond and final public hearing will be held on May 6, 1986, He said this annexation request was submitted on January 16, 1986 and the earliest possible date for final action is June 24, 1986, He said that zoning is not scheduled for City Council action un- til after final annexation action. He said that this is as far east the city can go without infringing on other cities. He said that there is existing dwelling units with 12 persons being af- fected and will need to be served by the City of Denton if Lake- view does not develop. Seven property owners were notified of the request and one reply was returned in favor and zero were returned in opposition. DECISION: Ms. Cole moved to recommend approval of A-38, sec6nded by Mr. Pearson and unanimously carried (6-0), A-3A ANIIEXAT ION SCHEDULE March 24, 1986 Submit agenda item ,/March 26, 1986 Submit agenda back-up * v✓ April 1, 1986 City Council :st$ date, time and place for public hearing April 2, 1966 Notice to Denton Record Chronicle April 4, 1986 Publish notice and mailout April 7, 1986 Submit agenda item ✓ April 9, 1966 Submit agenda back-up * ✓ April 15, 1986 City Council holds first public hearing at regular meeting April 23, 1986 Planning & Zoning Commission makes recommendation on proposed annexation ? April. 23, 1966 Notice to Denton Record Chronicle April 25, 1986 Publish notice 'and mAilout 1/Apri1 28, 1986 Submit agenda item ✓April 30, 1986 Submit agenda back-up- May 6, 1986 City Council holds second public hearing at regular meeting May 12, 1986 Submit agenda item May 14, 1986 Submit agenda back-up * May 20, 1986 City Council institutes annexation proceedings at regular meeting May 22, 1986 Ordinance to Denton Record Chronicle May 25, 1986 Publish ordinance June 16, 1986 Submit agenda item June 18, 1966 Submit agenda back-up * June 24, 1986 Final action by City Council at regular meeting * Denotes action by the City Council 0964q `;e;'ll 1~'7 WN aq S'x 3d4' s lZ . > r s F F x RATE. 05/06/86 SITX COUNCXL REPORT PORM T TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: HOLD PUBLIC HEARING CONCERNTh'' THE PROPOSED ANN9YATION OF APPROXIMATELY 66.42 ACRES SITUATED IN THE MORE?,u FORREST SURVEY, ABSTRACT 417, AND BEGINNInG ADJACENT AND BAST OF GEESLING ROAD, SOUTH OF U.B. HIGHWAY 3e0 EA;iT, AND WENT OF TRINITY ROAD (A-36) RECOMMENDATION: The Planning and Zoning Commission will make a recommendation at a later date. SUMMARY: Miller of Texas, Inc., has requested annexation of approximately 60 acres and the balance of the proposal is being considered for involuntary annexation by the City of Denton. The involuntary portion of that request will fill in out parcels between Miller of Texas property and an existing annexation strip along Highway 380E. The purpose of the Miller of Texas request is to seek zoning in conjunction with the Lakeview development plan. BACXGROUND: The City Council instructed staff to begin the annexation process for the Miller of Texas proporty and the involuntary portion at its meeting of February 18, 1986. PROGRAMSI DEPARTMENTS OR GROUPS AFFECTED: There are no businesses or dwellings on Miller of Texas property. Approximately 11146.75 feet of the west side of Trinity Road and approximately 300 feet of the east side of Geesling Road is included in the area of proposed annexation. FISCAL IMPACT: Undetermined Res ct£ully a bmitted: Pr ared by: , ~Lloy Har ell i City Manager David Ellison Senior Planner App ve Jeff Mey Director of Planning and Development 1551a 14TL 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 incor- porated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by augbefore the City Council of the City of Denton, Texas, on the f~ day of , 1986, at 7:00 o'clock P. M. in the C11,v-Council C a■ er Ott 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 notice. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the 'rA_ day of 19860 at 7:00 o'clock P. M. in the C ty ouncii Car er o t e Municipal Building of the City of Denton, Texas, for al ersons 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 notice. CITY 0 DENTON, TEXAS ATTEST; /s A-36/MILLER OF TEXAS is ~r EXHIBIT "A" TRACT A All that certain tract or parcel of land tying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texas, being part of a tract conveyed by deed to Ralph T. Bullard and recorded in Volume 1521, Page 948 of the Deed Records, Denton County, Texas (beine also part of Lot 6 and Lot 7, Block A of the subdivision of said Moreau Forrest Survey according to the plat recorded in Volume so, page 2360 Deed Records) and more fully described as fellows; BEGINNING for the Southeast corner of Tract A described herein at a point in the fn city limits as described in Ordinance 85.110 same being in the center of a North - South public road known as Trinity Road; THENCE South 89° SS' 22" West along sold present city limits a distance of 1388.89 feet to a point for corner, said point being the Southwest corner of said Lot 7 and the Southeast corner of said Lot 6; THENCII North along the present city limits as established by ordinance 84-98 same being the East boundary line of said Lot 6 and the West boundary line of said Lot 7, a distance of 886.18 feet to a point for corner said point lying in the present city limits as established by ordinance 69-40, sold point also lying 350 feet South of and perpendicular to the center line of U.S. 380; THENCE North 791 171 I1" East :'long said present city limits, 350 feet South of and parallel to the center line of U.S. 380, a distance of 1,411.63 fact to a point for corner in the center of Trinity Road; THENCE South 000 05' 36" East along the center line of said road a distance of 1,146,73 feet to the place of beginning and containing 32.39 acres of land. TRACT d All that tract or parcel of land lying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texas, being part of a tract conveyed by deed to Ralph T. Bullard, recorded in Volume 1511, Page 948 of the Deed Records, Denton County, Texas (being also part of Lot 6, Block A of the subdivision of said Moreau Forrest Survey according to the plat recorded in Volume S0, Page 1360 Deed Records) and being more fully described as follows: COMMENCING by Ordinancet84.48 isaid point also present being city limits established corner of said Lot 6; THENCE North 899 S2' 11" West a distance of 500.0 feet to the point of beginning, said point also lying in the present city limits as established by Ordinance 84-98; THENCE North 890 52' 1l" West along the present city limits as lisnetaboflished by above mentioned SLot06,same distance the 089.2South feetboundary point for corner; A-36/MILLER OF TEXAS/PAGE 1 of 3 7 11 77 11117 THENCE North 000 07' 49" East, a distance of 627.84 feet to a point for corner, said point lying in the present city limits as established by ordinance 69-40, said point also lying 350 feet South of and perpendicular to the center line of U.S. 380; THENCE North 790 18' 05" East along said present city limits 350 • feet South of and parallel to the center line of U.S. 380 a distance of 903.48 feet to a point for corner, said point lying in the present city limits as establlshed by ordinance 84-98; THENCE South along said present city limits a distance of 797.58 feet to the place of beginning and containing 14.54 acres of land. TRACT C All that tract or parcel of land lying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texas, being part of Lot S and Lot 60 Block A of the subdivision of said Moreau Forrest Survey according to the plat recorded In Volume 509 Page 2360 Deed Records, and more fully described as follows: BEGINNING for the Southwest corner of Tract C described herein at a point in the present city limits as established in Ordinance 86.22, said point also being the Southwest corner of said Lot S; THENCE North 10 40' East along said present city limits, sama being the West boundary line ofsaid Lot S, a distance of 339,51 feet to a point for corner, said point lying in the present city limits as established by Ordinance 69-40, said point also lying 354 feet South of and perpendicular to the center line of U.S. 380; THENCE North 75" 441 $4" East (by Ordinance, North 790 18' 18" East) along the present city limits 3$0 feet South and parallel to the center line of U.S. 380, passing at 1,413.71 feet the east boundary line of Lot 5, same being the West boundary line of said Lot 6 and continuing for a total distance of 1,469.75 feet to a point for corner; THENCE south 000 07' 49" West, a distance of 627.84 feet to a point for corner, said point lying in the present city limits as established by Ordinance 85-210, same being the South boundary line of said Lot 6; THENCE North 890 52' 1111•West along said present city limits, a distance of 55 feet, more or less, to a point for a corner, said point being the Southwest corner of said Lot 60 same being the Southeast corner of said Lot 5; THENCE South 86. 56' 59" West along the present city limits as established by Ordinance 86-22 same being the South boundary line of said Lot S, a distance of 1,379.92 feet to the place of beginning and containing 15.79 acres of land. TRACT 0 All that certain tract or parcel of land lying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County. Texas, being part of Lot 4, block A of the subdivision of said survey according to the plat recorded in Volume 50, Page 236, Deed Records and more fully described as follows: A-36/MILLER OF TEXAS/PAGE 2 of 3 °Y . i ~Y: Sf.. •p.'.i . 4yq P ^Cmi wi. BEGINNING at a point in the present city limits as established in Ordinance 86-22, said point also being the Southwest corner of said Lot 4, same being the Northwest corner of Lot 10; THENCE South 20 45' 51" East along the present city limits as established by Ordinance 86-21, some being the West boundary line of said Lot 10 and the Bast boundary line of a North - South public road known as Geesling Road, a distance of 214.44 feet to a point for corner; THENCE South 870 14' 0911 West to a point, for corner, said point lying in the center line of said road, said point also lying 660 feet South of and pt pendicular to the center line of U.S. 380 and in the present c y limits as established by Ordinance 65.43 I; THENCE North 20 45' SI" Kest along the center line of Geesling load and said present city limits a distance of 313.0 feet to a point for corner, said point lying !,n the present city limits as established by Ordinance 69.40, said point also lyin 350 feet South of am perpendicular to the center line of U.S. 180; THENCE North 790 18' 05" East along said city limits to a point, said point; lyin in the East boundary line of Geesline Road, said point also lying in the West boundary line of said Lot 4; THENCE North 790 181 05" Bast along said present city limits 3SO feet South of and parallel to the center line of U.S. 380 a distance of 955,84 feet to a point for corner, said point lying in the present city limits as established by Ordinance 86-22; THENCE South 10 03' 40" East along said present city limits a distance of 227,90 feet to a point for corner, said point lying in the present city limits as established by Ordinance 86-22, same being in the South boundary line of said Lot 4; THENCE South 870 04' 15" Wost elong said lines a distance of 939.92 feet to the place of beginning and containing 3.70 acres of land. A-36/MILLER OF TEXAS/PAGE 3 of 3 i PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an Fare& which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY Comm OF THE CITY OF DENTON, TFXAS : Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use 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 '4409 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of anjexation. service plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need there.tore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- 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 prior..tized 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. t i ' f _ R Marfl~• fir r ~ ' _ " ~ • ~ ~'t MOW 0 • . ION m 3• „ ~O • 1r/ rr ~ ~ Nom. ~ ~ 1~ r - ~ - - ♦.r - w 1 tel. too 288 / 4000 - 4 mm~ 000, t• Age= i qyty A-36 ANNEXATION SCREDULR r/ April 7. 1986 Submit City Council agenda item April 9, 1966 Submit agenda back-up April 15, 1986 City Council sets date, time and place for public hearing April 160 1986 Notice to Denton Record Chronicle April 25, 1986 Publish notice and mahout April 28, 1986 Submit City Council agenda item tAhpril 30, 1986 Submit agenda back-up * May 6, 1986 City Council holds first public hearing at regular meeting May 7, 1986 Notice to Denton Record Chronicle May 9, 1986 Publish notice and mailout May 12, 1986 Submit City Council agenda May 14, 1986 Submit agenda back-up May 14, 1986 Planning & Zoning Commision makes recommendation on proposed annexation * May 20, 1986 City Council holds second public hearing at regular meeting May 26, 1986 Submit City Council agenda item May 28, 1986 Submit agenda back-up * June 3, 1986 City council institutes annexation proceedings at regular meeting June S. 1986 Ordinance to Denton Record Chronicle June S. 1986 Publish ordinance June 30, 1986 Submit city council agenda item July 2, 1986 Submit City Council agenda back-up July 8, 1986 Final action by City Council at regular meeting * Denotes action by the City council 09648 ~ s'4~? ..a r. Fyrq yr.+t °arr2 j=..<..;~ "vc y - i r• . +a: DAT$s 05/06/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: PLANNED DEVELOPMENT ORDINANCE RECOMMENDATION: The Planning and Zoning Commission recommended approval of the amendment at its April ~9, 1986 meetinsr by a vote of 5-0 SUMMARY: The recommended ordinance clarifies and establishes guidelines for planned development district zoning request. The ordinance should be a benefit to the City of Denton and the developers. BACKGROUND: The staff prepared the ordinance after numerous study sessions with the Development Review Committee, Planning and Zoning Commission and City Council. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: All departments involved in the development proceas will be affected. FISCAL IMPACT: No impact will be caused by the amendment. Zectfully submitted: Lloy Harr ll Prepared by: City Manager 0-ct 6 eotaa_p~ Cecile Carson Urban Planner App ve Jeff I Director of Planning and Development 17159 r. r~.v.*A r ma.~m-ry,1~a a 1:. si~ea-~ c.r r ♦ r::'-0R n ~ y~ ' • 131OL NO. AN ORDINANCE AMENDING ARTICLE 11 OF APPENDIX B-ZONING OF THP, • CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR REGULATIONS AND PROCEDURES FOR THE CREATION AND DEVELOPMENT OF PLANNED DEVELOPMENT ZONING DISTRICTS; PROVIDING FOR A MAXIMUM PENALTY FOR ONE THOUSAND DOLLARS ($1,000.00) FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I, That Article 11 of Appendix B-Zoning of the Code of Ordi- nances, City of Denton, Texas, is hereby amended to read as follows: ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS A. General Provisions. 1, Purpose. The purpose of this article is to provide or tie creation of zoning districts, to be known and designated as planned development (PD) districts, to allow for the development of land as an integral unit for a single or mixed use of land in accordance with a development plan that varies from the established regulations of other zoning districts. PD districts are intended to provide for and encourage flexible and creative planning to insure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that Is superior to what could be accomplished under zoning regulations for other districts in that it serves one or more of the following purposes; (a) provides for a design of lots or buildings; increased recreation, common, or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other develop- ment plan, amenities, or features that would be of special benefit to the property users or community; (b) protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (c) protests or preserves existing historical buildings, structures, features or places, 2. Definitions. As used in this article, the following means (a) Commission. The Planning and Zoning Commission, (b) De artaent. The Department of Planning and oMaun y Development. pp,'.fepT+rs».m AsP......:.(~+t1Y'='y.' r.~, P--. : .-.^Y" r, (c) PD or district. A plannud development zoning ar r ct'T 3. A lira Lo t fix stint D i tracts. The provisions ' offrts~i toareofc s a app y to a PD districts, or F~,, approved d deprior to velopmenth haseffective this article not t begun. For purposes of this provision, "develo ment" shall mean the actual construction of the district, or part thereof. in accordance with a valid building permit issued prior to the effective date of this ordinance. If tha provisions of this ordinance apply to any district created prior to the effective date of this ordinance by reason of nondevelopment, no development in the district, or part thereof, shall begin until the detailed plan for the district, or part thereof, is submitted and approved in accordance with this ordinance, In no case shall a site late for a dirtrict, approved prior to the effective date of this ordinance, be considered to be a concept or detailed p'.an meeting the requirements of this ordinance unless ,,uch plan contains all the information required herein for such plan, 4/Public Notice and Hearing ReQUirement No district shall be established based upon a concept or detailed plan, and thereafter, no concept plan or detailed plan for the district approved by Council shall be amended, until public notice is given and a public hearing is held, as applicable in accordance with the provisions of article 101im-lbllj, Texas Revised Civil Statutes as amended, and the provisions of Appendix B-Zoning of the Code of Ordinances. B, Procedures For -Applications and Submissions, 1, Application, Fee and Plan Required. Any person requesting the esta s ment o a panned development district, or the amendment of a previously approved concept or detailed plan for such district, shall submit an application, the applicable fee, and the required plan to the Departrrtent, Z. Form and MA nner, To properly process applications and a m n titer this article, the Department is authorised to specify the form and manner in which all required Information and plans are to be submitted. 3. Race uirements for Subri si n of Request. Deferral. No requestror plan, or amendi nt thereto, 'shall be submitted eto i tled he Commission or Council for consideration until an application, fee, and the information required by this article, have been roperly submitted to the Depart- ment. planst pInformationstregarding spa' proposed sketches, detailed plan, or an amendment Loosen existing district, which the petitioner wishes to be considered by the Commission or Council, must be submitted to the Department for Its review at least two weeks prior to the scheduled public hearing on the request. Should the Petitioner thereafter submit any additional information, to the Department, Commission i PAGE 2 or Council which the Department has not had adequate time to review, the Commission shall and the Council may, upon the request of the Department, defer consideration of the request until a later date to allow the Department to evaluate and consider such additional information. • 4. Waiver of Information. Upon the request of petitioner, the epartment may waive the submission of any required Information when it is deemed to be clearly unnecessary for proper consideration of the request. 51 Ra ired Pla or Pro ad or Amended Distr ct, All applications or t e estalbil s men o a str ct shall be accompanied by a detailed plan, unless the proposed district is to contain ten acres or more, in which case a concept plan may initially be submitted in lieu of the detailed plan. Any person requesting the rezoning, or an amendment of a previously approved concept plan or detailed plan for part of a district shall submit such request is reference to the approved plan for the remainder of the district. (a) Concept,,PPl_an. The concept plan shall contain the FoTT~w n--T-information: (1) Statement of Intent. A general statement setting or the overall planning and develop- ment concept for the proposed district; the proposed method of developing or marketing the land or improved sites within the district; and the name of all persons, partnerships, or corporations who have, or are proposed to have, an ownership interest in the development of the proposed district, (2) Relation to Comprehensive Plan. A general statement setting fort low the proposed district will relate to the City's compre- hensive plan and the degree to which it is or is not consistent with such plan, (3) Acreage. The total acreage within the proposed sdf- riot and an accurate survey of the bOUn- daries of the district, (4) Land Uses. Proposed and existing land uses an the amount of acres a for each use. The proposed land uses shall be specified in the manner determined by the Department. (S) off-Site Information, Adjacent or surrounding an uses, zoning, streets, drainage facil- ities, and other existing or proposed off-site improvements, at specified by the Department, sufficient to demonstrate the relationship and compatibility of the proposed district to surrounding properties, uses and facilities. (6) Traffic and Tra s ortation. The approximate ocat on sn $1: 0 o a existing or proposed streets, parking lots, loading areas or other areas to be used by the public for vehicular traffic within the district; the proposed access, and connection to, existing or proposed PAGE 3 i streets adjacent to the district- and the projected amount of traffic whicA will be generated by the proposed uses within the district. (7) Buildin a, For proposed buildings, the 0 ow ng Information shall be submitted; (aa) approximate location; (bb) maximum height; (cc) minimum building setbacks; (dd) if for nonresidential use, the maximum total gross floor area (square feet); (ee) it' for residential use, the number of proposed dwelling units and number of units per acre (density). (g) Residential Subdivisions, For proposed resi- dential su v a on, tie following information shall be submitteds (as) number and location of lots; (bb) minimum size, width and depth of lots; (cc) minimum front, side and rear yard setbacks. (9) Water, and Drain. The approximate location o a ex sling or proposed creeks, ponds, lakes, floodplains or other water retention or msj(,° drainage facilities and imnrovements. (10) Utilities. The approximate location, and rou ooall major sewer, water or electrical lines and facilities necessary to serve the district, (11) Trees, The approxima+a location of all measured Q trees feete fromr ground helevel, diameter, and thimpact of the development on such trees. (12) 0 en Space. The approximate location and size o greenbelt, open, common or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. (13) Screening. The location, type and size of all ences, berms or screening features proposed between different land uses or adjacent properties. (14) Development Schedule. A development schedule consLr uctin, p rate of development s and start complef tion of construction of the entire district, or all phases thereof. If a concept plan is initially submitted for all or part of the PAGE 4 f: district, the schedule shall include a spocifled date within which a detailed site plan for the entire district, or each phase thereof, will be submitted, (b) Detailed Plan. The detailed plan shall contain the following information: (1) All information required for the concept plan; provided, however, that whene%or the information required for the concept plan is of a general nature (such as the approximate location of lots, buildings, streets, etc.) the information for thQ detailed plan for the some subject matter shall be made In specific detail (such as the actual lucation of lots, buildings, streets, etc,) (2) A landscape plan in detail, as directed by the Department, showing all major landscaping features. (3) Location, type and size of all proposed signs which would be visible from any public street. (4) Sidewalks or other Improved ways for pedestrian use. (S) All information required for preliminary plan or plats in accordance with the provisions of Appendix A (Denton Development Code) of the Code of Ordinances. (6) A development schedule showing the projected date for the start of construction, rate of development and completion of construction of the development. 6. Additional Information, In addition to the information specifically required hereln for concept and detailed plans, the Department, Commission or Council may require the applicant to submit any additional plans, maps, sketches, drawings, written statements or other information which Is necessary to review, make a recommendation on, or determination of, whether the proposed district would be an appropriate and compatible use of the land in accordance with the intent of this article. 7. Petalled Plan to Serve as Preliminary Plat. A de- tR a pan required by this ar c e to a approved by the City Council shall also serve as the prelimittarr plat required by Appendix A (Denton Development Code) of the Code of Ordinances. C. Creation and Amendment of PD District, 1. A rove Councll Based on Plan, The City Council, a er cons era on y the commission. may approve by ordinance the creation of a district based upon a detailed plan, or in a proposed district of 10 or more acres, based upon a concept plan, W;tere the Council approves a district based upon a concept plan, no development shall begin until a detailed plan for the district, or phase thereof, has been submitted to, and approved by the Commission. The to roved plan shall be attached to the ordinance establiahing the district. PAGE S No previously approved concept plan !hall be amended without the approval of the City Council. 2. Condition! I■ osed. The Department may recommend and he omm ss on an City CounC,il may Impose conditions concerning the location, ule, arrangement, construction or development of the district in order to insure the appropriate use of the district and to protect sur- rounding properties. The approved conditions shall he shown In the plan or ordinance approving the district. D. Commission Approval, Amendment, of Detailed Plans. 1. Submission of Detailed Plan. If a PD district Is approve by e ty oune ased upon ! concept ;lan, the applicant shall thereafter submit to the Depart- ment for consideration by the Commission a detailed plan for the entire district, or each phase thereof, in accordance with the development schedule approved in the concept plan. upon the request of the applicant, the Commission may, for good cause, approve one or more extensions of time, not to exceed 120 days, in which a detailed plan must be submitted to the Commission if such request is made prior to the time the detailed plan is due. If a detailed plan is not submitted within the required time, including any extensions granted, the Commission, after notification by the Director of the Department of such expiration, shall consider the rezoning of the property and make its recommendation to the Council. 2. Detailed Plan to Com ] with A roved Concept Plan. Thi e Comm ss on s a not approve any eta a pan, or amendment thereto, which is not In substantial com- pliance with the concept plan approved by the City Council. For purposes of this provision, a detailed plan which increases in the number of proposed dwell- ing units; the number, floor area ratio, maximum height, size, or lot area coverage of buildings; substantially changes the arrangement or type of buildings, setbacks, streets, access points or lots; or substantially changes any other development stan- dard, land use, or design, as shown in the approved concept plan, shall be considered as not being in sub- stantial compliance with the concept plan. 3. Action b Commission, Appeals, If the Commission approves a detailed pan, t s all be attached to the ordinance approving the district, If the Commission denies approval of a detailed plan, refuses to grant an extension of time for the filing thereof, or imposes a condition in the approval of a detailed plan, the applicant may appeal such action to the City Council by filing a written request with the department within ton days of the action taken, E. Development of the PD District. 1. Compliance with Approved Plan. No development shall begin an no u ng perm s shall be ts,sued for the district, or part thereof. until a detailed plan has been approved for such district, or part thereof, in accordance with the provisions of this article. All districts shall be developed in compliance with the approved detailed plan for the district. All other PAGE 6 plans, raps, drawings, sketches, pictures, written statements or other representations submitted with the detailed plan on which the City Council or Commission based its approval of the detailed plan may be attached ' to, or incorporated in, the ordinance creating the district and, if so attached or incorporated, shall be bindinQ upon the owner of the property in the develop- ment of the district, 2. Corrections of Errors Om asions on Fina Pan. Upon TFe request of an ■p'p"Ticant, t e chairperson of the Development Review Committee may authorize minor technical changes or adjustments in the approved detailed plan to correct errors or omissions, so long as such changes do not substantially change the use, character or design of the development. For purposes of this provision, a substantial chap a is one that would violate the "substantlal compliance" require- ments of D. 2, supra, 3. Noncompliance i h Deve1 m nt Schedule: tensions. TE", after approve o a e a a pan by the om■ s- sion, development of the district, or any part there- of, hair, not begun in substantial compliance wits the approved schedule of development contained in the detailed p1sn, the Department shall notify the Com- mission and the Commission shall, upon notice to the owner of the property, recommend rezoning of the property to an appropriate zoning district. Upon request of the applicant, the Commission may, for good cause shown, amend the approved schedule of deve- lopment for all or part of the district for a period not exceeding three yetrs beyond the previously approved development schedule. Any request for exten- sions beyond such three year period, or appeals from the denial of such request, shall be made to the City Council by filing a written request with the Depart- ment within ten days of such denial. The Commission may not grant any extensions of time for development, or otherwise amend the schedule of development in a detailed plan which was previously approved by the City Council. 4. Re ulations A 21ed• Omissions. All conditions, regu at on s, reatr ct ons an development standards governin the development of the district shall be contained in the ordinance or detailed plan approved f (such as or the district. If any regulation or restriction regulations~xetc.) building in iother azoningi districts by Appendix $-Zoning, is inadvertently omitted in the approved ordinance or detailed plan for the district, or part thereof, the regulation that would be applicable in the most restrictive comparable zoning district classification, based upon the land uses permitted therein, as determined by the Department, shall be applied to the district, or part thereof, wherein such regulation or restriction was emitted. Any person aggrieved by the Department's decision may appeal the determination to the City Councit after recommendation by the Commission. 5 r PAGE 7 SECTION 11, pp or Any$ toocomplyfth rewithatorawithvany offtheirequire ordinance, thereof, or of a permit or certificate issued thereunder, shall ` be guilty of a misdemeanor punishabie 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 it. committed, or continued, and upon conviction of any sur.h violations such person shall be punished within the limits above. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or ward in this ordinance, or application thereof to any :+orson or circumstance is held invalid by any court of competent City validity the remaining portions of dthissordinance ands the the the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. Sj; N IV. That this ordinance shall become effective fourteen (14) days from the date of !ts 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. RAY 5 EMS, CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,#TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: r PAGE 8 Minutes Planning and Zoning Commission April 9, 1986 Thu regular meeting of the Planning and Zoning Commission of the City of Denton, 'foxes was held on Wednesday, April 9, 1986, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Euline Brock, Bill Claiborne, Ruby Cole, Gary Juren and Tom Pearson Absent: R. B. Escue, Jr. Present from Staff: David Ellison, Senior Planner; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorney Ray Rum£ield0 Civil Engineer; David Salmon, Civil Engineer; Chris Smith, Administrative Assistant; and Susan Mitchell, Secretary Chairman Bill Claiborne called the meeting to order, i, MINUTES A. It was moved by Ms. Brock, seconded by Ms. Cole and unanimously carried (4-0) to approve the minutes of the special called meeting of March 3, 1986, B. It was moved by Mr, Juren, seconded by Ms. Cole and unanimously carried (4-0) to approve the minutes of the regular uoeting of March 12, 1986, Ii. CONSENT AGENDA: it was moved by Mr. Juren, seconded by s. roc en3 unanimously carried (4-U) to approve the consent agenda as follows: A. Recommend approval of preliminary plat of the Green Valley Ranch Addition. 8, Approval of final plat of the Fred Moore Addition, Lot 11 Block 1. III. PUBLIC HEARINGS A. FINAL RBPLAT OF THE INTERSTATE HIGHWAY 35W ADDITION, Lots and 211, Block . STAFF REPORT: Mr. Ellison statad that the purpose of the propose replat is to combine a portion of the existing and adjoining Jaycee Industrial Park Addition and unpiat- ted property beginning adjacent and west of 1-35W into a two lot resubdivision. The property is zoned light indus- trial (L1), and additional warehouse development on lot 1R Is anticipated. He said that all public facilities and utilities are in place and adequate. He Qaid that the Development Review Committee recommends approval. IN FAVOR: None present. OPPOSED: None present. Chair declared public hearing closed, DECISION: Ms. Cole moved to recommend approval of the final replat of the Interstate Highway 35M Addition Lots 1R and 2R, Block 1, Seconded by Ms. Brock and unanimously carried (4.0), D. ORDINANCE AMENDING 'RTICLE 11 OF APPENDIX B-ZONING OF THP. GODS V ORDINANCES OF THE CITY OF DENTS. T9XA3 to pro- Me or regulations an procedures or the creation and development of planned development zoning districts; pro- P R Z Minutes April 9, 1986 Page 2 vidinlfar a maximum penalty of one thousand dollars ($1,0 0,00) for violations thereof; providing for a severability clause; and providing for an effective date. Mr. 3uren moved to remove the item from the table, seconded by Me. Brock and unanimously carried (4.0). STAFF REPORT; Mr. Ellison stated that there are several changes ouffined in a memorandum prepared by Mr. Morris per the Commission's recommendation. Those changes are outlined as follows: 1) The "A, General Provisional' have been moved to the beginning of the ordinance. 2) The provisions for "B. Procedures for Applications and Submissions" have been rearranged and revised. The major revisions Include a two week deadline for the submission of required information to your depart- ment prior to any public hearing on the request (B. 3); a requirement that requests for amendments to a portion of a previously approved district show the prior approved plan for the entire district (B, S); and the addition of informatio@ required for the con- cept plan [B. 5 a (1) and (2)i. 3) The revision of D. 3 to provide for appeals from the Commission's imposition of conditions,in approving a detailed plan. He said that staff feels there Is a t,imendous need for the planned development ordinance so `~%t upfront planning information can be obtained and review•,d at the time of original zoning. Ms. Carson stated that there are a few items that were changed since the study session. She said that the ordi- nance now says concept plan and detailed plan instead of concept plan and final development plan to avoid r,onfusion with the general development plan. She said the ord=nance has a new order in that the legal staff tightened up and restructured the ordinance so that it could be more under- standable. She said that on Page 2 and 3 in section I B (3) in regards to deferrals a two week period was added for the submission of required Information, The draft submitted to the Commission at its study session was not specific about the time requirement prior to the Commission meeting, Sha said that on Page 3 the Commission requested that the section state that the Council shall and the Com- mission may defer action upon request of the staff. She said that subsection S on Page 3 that begins with "which is not to be rezoned..." should be struck from the ordinance becouie of repetitiveness. She said that subsection A (1) was added with the purpose of getting some overall planning information from the developer for the staff and Commission concerning their Intent for the site proposed. She said that subsection A (2) is included for insurance that all City policies are explained and understood by the staff and the developer. She said that on Page 5, Section B, Subsec- tion 7 was included so that staff could provide u bonus feature to developers who submit a detailed plan at the be- ginning by allowing the detailed ylan to serve as a prelim- Inary plat. Mr. Claiborne asked if this is a benefit to the City of Denton as well as staff. Ms. Carson said yet and in effect it would eliminate duplication of review of the plan and the plat. i - P 1 Z Ninucs April 9, 19$6 Page 3 Ms. Carson continued that staff would like some input from the Commission on Page 6, Subsection 1, Paragraph 3 which says "If a detailed plan is not submitted within the re- quired time, including any extensions granted, the • proved concept plan shall automatically lapse, and the Commission, after notification by the Director of the Department of such expiration, shall consider the rezoning of the prop- erty and make its recommendation to the Council." She said that the staff would like some input from the Commission because the staff might have a technical problem with noti- fying the person of a lapse in the detailed plan. She sold Section D (3) a provision was added so that if the Comais- sion is poses a condition In the appravel of a detailed plan, the applicant may appeal such action to the City Council by filing a written request with the department within ten days of the action taken. She said another change in section I B (S) states if a developer amends a planned development, he has to submit a site plan with the property to be platted and also the entire original planned development so that the Commission and staff can evaluate the adjoining property, Mr. Pearson arrived at the meeting. Mr. Ellison asked Mr. Morris to explain how this ordinance would affect the planned developments in existence when it is approved by City Council. Mr. Morris stated that if the planned development has not begun construction at the time the ordinance becomes effective then they would have to comply with this ordinance. Mr. Ellison asked about the planned developments that are being processed administratively at this time.. Mr. Morris said they would have to comply with the ordinance. IN FAVOR: None present. OPPC.SBD: None present. Chair declared the public hearing closed. DECISION: Mr. Claiborne asked Mr. Morris about a ruling whereby a time limit could not be put on zoning cases. Mr. Morris stated that Section D (1), Paragraph 3 on Page 6 is saying that the site plan lapses not the zoning. Ms. Brock asked if the lapsing reverted zoning. Mr. Morris stated that the site plan would be terminated and the petitioner would have to come back with a new site plan. Ms. Brock moved to recommend that on Page 6 in Section D, Subsection 1, Paragraph 3, the phrase "...the approved concept plan shall automatically lapse, and,,." be removed, Seconded by Ms. Cole and unanimously carried (S-0). Mr. Claiborne moved to recommend adoption of an ordinance amending Article 11 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas to provide for regulations and procedures for the creation and devel(;p- sent of planned development zoning districts; pproviding for a maximum penalty of one thousand dollars i$i 000.000) for violations thereof; providing for a severability clause; and providing for an effective date as amended. Seconded by Ms. Brock and unanimously carried (5-0). 1V. CONSiOBRATION Discussion of proposed mandatory park dedication ordinance. i i NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS 'T~EItE gX, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, *quiip- wont, supplies or services in accordance with the procedures of state law and City'ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitteu therefor; and WHEREAS, the City Council hac, provid,I in the City Budget for the appropriation of funds to be usri for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS, Section 2.36 (f) of the Cods of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.U9 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 numbered items in the following num,5ered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 9606 1 $-4. D#xia P ro-Ch m S 45.500.00 "Hari E r as hmca 52,777.00 !1 ! E Ail~ @ AC. SECTION 110 That by the acceptance and approval of the above numbered items of the 04b2ittsd bids, the City aocepts 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 quantitier3 and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SLaION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a PAGE ONE formal written agreement as a result of the acceptance, approval, and awarding of the b Us, the City Manager or his designated representative is hers`:y authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above number-id items of the submitted bids the City Council hereby authorises the expenditure of funds therefor in the amount and 1:4 accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 6 day of Mjv .1986 G`ITYSOF h8E1vT0N, TEXAS ATTEST: CITY OF DENTON,IPTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS aY; PAGE TWO DATE: flay 6, 1986 CITY COUNCIL REPORT TO: Mdyor and Kimbers of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: DID #9606 CHEMICAL/Wr TFR TREATIVIT RECOPWJ TIOr,: We recommend this bid be awarded to the lowest LValuated bidder for each item: (See Attached) SUMNRY: This bid is for the annual supply of water treatment chemicals used by the Water Production, Waste Water Treatment and Electric Production plants. The estimated quantities are for one year and will be purchased as needed. BACKG MD: Tabulation Sheet PR~Q6R1.2 DEPART14ENTS OR CROUPS AFFECTED: Water Production, Wastewater Treatment and Electric Production FISCAL IMPACT: Budget Funds for both 1985/86 Fiscal Year and 1986/86 Fiscal Year. Respectfully submitted: ~WL.1~1~ W Lloy V. arrell City Manager Prepared by: Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: o: J AA' J. Marshall, C.P.ft. tle: urchasing Agent Bid #9606 City Council Report flay 6, 1986 ANNUAL ITEM DESCRIPTION VENDOR EST TED 'COOS ST 1 Liquid Chlorine Dixie Petro Chem $ 429050,00 2 Sodium Hexametaphosphate Hancock Industries $ 12,380.00 3 Sodium Silico Fluoride Hancock Industries $ 100095.00 4 Sulfuric Acid Dixie Petro Chem $ 3,450.00 5 Tetrapot. Pyrophosphate Hancock Industries $ 61980.00 6 Liquid Aluminum Sulfate Russ Chemical $ 56,272.50 7 Caustic Soda Stinnes-Dallas $,629777.00 8 Potassium Permanganeate Hancock Industries $ 239980,00 9 Anhydrous Ammonia Ammonia Service $ 7 2. ,20.00 Totdl Estimated Annual Usage $225,204,50 1 1 I I 1 i 1 ; ; BID 96ti6 I DELTA I DIXIE I HANCOUK I RUSS 1 51AUFfEN I VAN NAIERS ; IR1JHPSOl4• I hCt,E55DA 1 BID TIILE b4 hK A1.INAlER TREATMENT 1 SOLVENIS k I PETRO-CHEM 1 INDUSTRIES 1 CHEMICAL I CHEMICAL 1 N RDUERS : HAYNARD I CHEMICAL : OFEIIED APRIL 8, I986 2 P.M. 1 CHEMICALS 1 I I CO, i Co. I : CHEMICAL. 1 CO. : ACCOUNIII 1 i I 1 I 1 LD. I i 0 1 OIY 1 IIEM DESCRIPTION I VENDOR I VENDOR I VENDOR VENDOR : VENDOR 1 VENDOR YEADOR 1 VE14DOh 1 _...i' F._ i-------------- 1 I 121 5 ILiyuid Chlorine ! b36.4000 1 1 I . 400,0000 1 3.9.0000 ! 1 I 1 ! 1 : 1 ! 2 1 2104 150d1ue IIeRa~etaphoephate I 1 64.9500 1 61.9000 1 1 1 73.4000 7 60,4000 1 74,V000 1 1 I 1 I 1 1 ! 1 i 1 3 i 50m !Sodium Silico Fluoride I 1 012525 1 0.2019 1 1 1 (112350 1 0.2040 1 : 1 I ~I I I I I 1 1 4 1 501 lSuifuric Acid i i 69,000 1 74.9800 1 1 69.9000 1 y5,000 i 15.0600 1 7f. 9090l : I I I ! 1 1 I : ! i 5 ; IOh) Iletrapot. Pyrophosphate i i 74,0000 1 69,9000 ! i 1 7410000 ; 76.6000 1 16.0000 i 6 1 5491 :Li4. Alutinoo Sulfate 1 ! I 1 102 5000 1 113.9000 1 1 i ; 1 I ~ 1 ! I 1 ! 1 I i 7 1 4:91 !Liquid Caustic Soda 1 166.5000 1 112,1500 1 7919601' ! 1 214.480V 1 109,500V i 154.5600 1 1tv.uo'4 i 8 : 27r1 :Potassium F'ermanganeate 1 : 1.2900 1 1.09vo I 1 ; L3100 1,2400 . 1,2Siit, 1 i I i I ; i : ! 1 9 i 38o :Anhydrous Amaonld I 1 0.2500 i i i ; I 1 I I i 11w.14~ p1 E~ID 9606 ipage 21 1 PIJNEER AMHUNIA 1 CHEMYCCH CARU5 1 AMERICAN OLIN ; 51`114165- 1 ; FIG TITLL Clifi ALIWATER TREATMENT I (;HEHILAL I SERVICES I CHEMICAL 1 INI'L I CHEMICALS i TE)AS ; I OPLNEO APRIL 81 1986 2 P.M. I 1 ; CU1 I LHEMICAL 1 I 1 ACCOUHTI 1 i I I I s ; I I I i I 1 1 I I I . . - I 1 1 1I I' I ITE'll OESCRIPIION 1 VENDOR I VENDOR 1 VENDOR I VENDOR I VENDOR I VENDOR ! VEAUOR i..--_...__..I._,............ ....a._ i ! 17`I H iquid Culnrine ! ! 1 ! ; ! I I 1 1 I 1 69.0000 1 I 20m ISodium He zal►eIiph0sphate I 66147(10 1 1 : ~b5.50 00 I 1 64,0000 1 I I 1 1 1 1 I \\621 UODU 1 1 ! ; 7 ! 56m ISodlua 811ico Fluoride 1 012109() 1 1 0.2670 i ! 1 1 0,2120 1 ! I ; I I ! 1 I 1 ! 4 1 507 1Sulforir. Arid ! 1 ! . . I 4S,b6U4 ; 1 ; 1 I I I I , 5 ; Idyl 11eliapol, Pyraphoephatu I 71.0404 ! 1 ! ! I 1 2000 1 ! I l I ! f I ! ; ! 6 1 C149T 11J q. Aluoiuus Sulfate i I I 1 1 i I ! ! ! ! I 1 1 I 7 ! 091 !Liquid Caustic Soda 1 134. (1101.10 1 ! l ! ! ; I4i,gU00 i 1 I 1 I 1 ! I I I I I ! 8 la iPota55i!im Perranyaneate 1 I 1 ; i.1075 1 ; 1 t1V61)U ! ! ' I I p I ~ II I I I 1 I ! 9 ?Au *hvdrotif Ammonia ! 1 01190(1 ' I ! I 1 i ! i 1 I I i 1 1 i 1 GATE: May 6, 1986 CITY CONIC I L REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 09613 OVERCURRENT RELAYS REC01KNOATION: We recommend this bid be awarded to the lowest bidder, Temple, Inc., in the aniount of $36,267.00 Fob Denton with delivery in 60 days. SUUWARY: This bid is for the purchase of overcurrent relays for use in the new electric substation on Paige Road. BACKGROIMD: Tabulation Sheet PNOWSt IIEPARTIENTS OR GROUPS AFFECTED: Electric Metering and Substations FISCAL IMPACT: 1985/86 Budget Funds Account #611-008-0253-9217-E362 Respectfully submitted; L1o d V 701119161a-r 11' 1 11 4 City Manager Prepared by: ti Names Tom D. Shaw, C,P,M. Titles Assistant Purchasing Agent Approved: hn J. Marshall, C.P.M. Title: Purchasing Agent I I I I I I 1 1 I I I BID N 9613 1 iI19CU 1 IEMPLL 1 1. WIN 1115 PRIL51EN 1 WELBL'N ' BID IIILL OVERCUUREN1 RELM S 1 I M. I 51Y FLI 1 BOPFLY E1.LIJ M ; OH NLB APRIL 291 1986 1 I,NI 1 1 1 I I AUUU1114 611-0013 -0251-9211-136[ I I 1 I 1 ; 1 I 1 1 1 I - - _..1..- - - 1-_...._........ - 1..,._.--------1 R I Oly 1 IIEM DERRIPIION 1 VINDUR I VEND411 l VENDOR 1 VENUON IENOOR I I 3L 15tatic Ilse-UvercrrYPnt 593,ii0 ; 5hl,1.'44 1 No Bid No Rib 1 IIo Rld ;kelays I I I I I 1 I 1 I I I I I I I I I :a I Ilest Plug I 4t.ii0 1 65140 1 1 1 1 I I I I I 1 I 1 Z I 11 15tatic line-Overcurrent I SUM 1 561,50 I No Bid 1 11o Bid No Rid 1 1 I I 1 1 1 I I 3 1 11 1Reclosinq Relay~i I 11485,40 1 1,021100 1 No Bid I No Bid 1 No Bid 1 i I I I I I I 1 I I I I 1 1 I I I ; 1 I I I 1 1 1 I a I ; I 1 I N0. wn 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. WHEREA.9, the City has solicited, roasived and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated .asployee 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 Lid 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 sore than $10,000; and WHEREAS, Section 2,09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or isprovsoants, as described in the "Bid Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID „ NUMBER, CONTRACTO{R AMOUNT ~60d .,..,irJ.4 { 32L22 .00 9808. Ray ctr=.790.00 SECTION II, That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved until such person shall eamply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of perforaanee and payment bonds, after notification of the awsrd of the bid, SECTION III. That the City Manager is hereby authorised to execute all necessary written cost-lacts for the performance of the construction of the polic works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and do-juments relating thereto speeifyin the terms conditions plane and specifications, atUrds, quantities and specified suss contained therein. PA99 ONE SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorised harem, the City Couuoil hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorised contracts executed pursuant thereto. ! S$CTZON V. That this ordinance shall become effective ismediately upon its passage and approval, PASSED AND APPROVED this the ,6_„ day of _ MAY 17E6. CITY Or DENTON$ TEXAS ATTEST: CHARLOTTE A"EK CITY SECRETARY CITY OE DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTONj TEXAS BY., PAGE TWO DATE: flay 6, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: 810 #9604 EXTERIOR PAINTING OF PEACH STREET OVERHEAD STORAGE TANK RECOMMENDATION: We recommend this bid be awarded to the single bidder of Don L. Owen Painting in the amount of $32,225.00, The Public Utility Board has approved this bid. SUWARY: This bid is for the exterior painting of the Peach Street elevated storage tank. The tank was last painted twenty years ago. This bid will accomplish the painting of the exterior surface, column, handrails and bracing structure, This i! An approved maintenance project and is one of the five tanks scheduled to be painted in FY 84 - FY 86, BACKGROUND: Tabulation Sheet 6RANS. DEPARTl4ENTS OR W PS AFFECTED: Water Production Utility FISCAL IMPACT: 1985/86 Budget Funds Account Number 620-008-0460-8301 Respectfully submitted: Llo4*&&4z-0 Harrell City Manager Pre ared by: Name: Tom D, Shaw, C,P,M. Title: Assistant Purchasing Agent Approved: 401 W14 John J. Marshall, C.P.M. ttlEf: Purchasing Agent ' I I 1.i1 IJ ~{1 'fe,>i,1'{ ' i l)Llhl I ~ Is1 Yi '1 I I.I:. ITI .fl111 1'1 r'U.I ' I I i!>fkk l~l ; I f ll'fIJ~IL I1 1 ' rll' C;(Il ll~l I '{P ~ ~ ' I , I I r . I_. l l k. I II i lI i)l Fi{ fi (I~' I l (III I Vl:hll)f II ~ ~ ~ l'I~ hdU11Fi _ f l~l I'11)tll~r I 1 1 I I , I I (•CI 1. 1 1 L. .1. ~ 11..1 1 ' 1 I I 1 ' I ! ~ 1 1 ~ I L~ 1_ i L, 1 i I I .l ( Y" L.i f.: I U'° cl l (1 17 r.11 l' eo ' I I ; 1 I i 1 1 i i ~ I 1 c.rl: bJcn' 6:: i 11 cl C~.::1 4a 1 1 i , -I;S Ih~.l,`!i5 Fbl?l1 I I I I I 1 1 I ' I I May b, 1986 CITY COUNCIL AGENDA ITEM... :.r TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Bid Opening- Bid 09604- Exterior Painting of the Peach Street Elevated Storage Tank. RECOMMENDATION The Public Utilities Board, at their meeting of April 22, 1986, recommended to the City Council approval of the only bid of Don L. Owen Painting of Seagoville, Texas, in the amount of $32,225. SUMMARY The bids were opened April 8, 1986, and the result is as follows: Don L. Owens Painting, Seagoville, Tx $320225 The Hoard believes that the bid price is reasonable and recommends approval of this only bid. BACKGROUND The 360,000 gallon elevated tank at P-aat:h street is in need of painting of the exterior surface to pr~:~;,rict the metal from corosion and environmental impact. Tho c.;rnk was last painted twenty years ago. This bid will ac:comi,iI9 sh thts painting of the exterior tank surface, exterior colonni, handrails and wind bracing surfaces. This is an approved maintenance project, and is one of the five tanks that have been scheduled to be painted FY 84-FY 86. In FY 84- one i MG ground storage tank, in FY 85 1-2 MG ground storage tank and in FY 86- 1.2MG elevated and 1- 2MG ground storage tank were painted. With the approval of this bid, the final 0.36 MG elevated storage will be painted thus completing the three year painting schedule. 4270U;7 PROGRAMS, DEPARTMENTS OR GROUPS AFFDCTED City of Denton Municipal Utilities, contractor, Legal Department, Purchasing Department and citizens. FISCAL IMPACT FY 86 budgeted amount- Paint Peach Tank 90,000 Recommended Award to Don L. Owens 32022S Source of funds: Revenue 620.008-0460-8301 Prepared by: Respe t£ully submitted: Srini Sundaramoorthy oy re y a n a r Civil Engineer Approved y: R.B -Nelson, . r: Director of Utilities Exhibit I - Location Map II - bid from Don L. Owens Painting III - Minutes PUB Meeting of 4/22/86 IV - Ordinance 4270U:8 L ' I 4 I l# rANX • tuv~nt~ / I I 36MOO &sY ~ It / 1 i u. ~t OL-Jt M . 10 001, awe INNS II ~ j I I n oolr% 1 ` L -J s0povW0 texas 7g1M DON L OWEN sus W. swt~ PA dite (214) U2406 1PMNG CONTRACTORSjNC. April 8, 1986 Honorable Mayor and City Council of the City of Denton, Texas Gentlemen: Don L. Owen has been a painting contractor for over 35 years. The present company was incorporated in March of 1971 and is wholly- owned by Don and Patty Owen. Thin company has experienced an excellent growth rate with the very beat of credit ratings. In the peat year we have completed the following elevated tanks in the Dallas-Port Worth areal 1. City of Dallas, two 2 million gallon - L. Rivers 214-670-8701 2. City of Carrollton, one 1 million gallon, two 500,000 gallon 8. Ballard 214-323-5157 3. City of Richland Hills, one 100,000 gallon and one 500,000 gallon - M. R. Woods 81.7-282-4901 4. City of Lewisville, one 5000000 gallon - S. Bacchus 214-221-1335 56 Comanche Peak Atomic Power Station, Glen Rose, Texas, one 30,000 gallon - M. Cavanaugh 817-897-5806 6. Lake KiowA, one 50,000 gallon - b. Bruton 817-668-8391 7. City of Waxahachie, one 750,000 gallon - Ron Conway 214-361-7900 Our Field Superintendent is Frank Stotler. Mr. Stotler owned his own painting contracting business for ten years before joining our ergan- ieation. He has superintended all the above-listed jobs. Sincerely, 406- ~ 4:::57 Ron Riley Contract Admin etrator RR/ob i 06PPLICATORS OF TIMR DtCORATIVR PlMIXIIRa AND FROTCCTIVL COATIMt;R Il{1fO t # WO PRO'"SALs we r 40 iTMM :Togs W Nabs t>EtiCJUf~T10N OUA I rntd A410U PON 1. Sand blasting and painting of the exterior surface 1 +ly 9 of an existing 360.000 gallon steel elevated "peach V Street" water tank with a two-color pattern as shown on the drawing in these specifications. Exterior surfaces include the outside surfaces of the tanks columns wet risers balcony,, handrailso wind bracing between coluenso etc, 24 Structural repair to ladder and other metal parts if ECM required. Replacement of screenso etc. p x}45 % T b / OV G L v o E w Z- t G/ A/4$ R EALAtEAOs 5° NR , pt'R N d g e c. 73 t S64e C6-+`'*40S G Al 7-4 AV OIL V or-ow r 4 L L w g-7„Q 14e 6 o ^e 4-/4 .r,),10 a S., OOLa rPIP AS AP-10 H Aruol.AlL%, W& rmo- 'e. #rW-a9'r J 0 r7 n! l.~ L+,A G P s + rc.M r f+.e.~y OA 0-1 Oa L TOTALS 3 We quote the above f,o,b, Denton, Texas, Shipment can be made In days from receipt of order, Toms.... _ b A y r, net If not otherwise indicated. In submitting tht. above bid, the vendor Weer that accepunce of any or all bid items by the City of Denton, Texea within a rasornble periou of time constitues a contract, poNl, ew~w /~~►/we^vA/~ 4.1/T7p, Date Bidder - del la~ ` ! f ► d/_'~'l TY2!lnst~ue_! ~P---w This_ EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD April 22, 1986 4. CONSIDER BID OPENING FOR BID 89604 EXTERIOR PAINTING OF . Han explained that the the Staff recommends a Piproval of the only bid of Don L. Owen Painting of Seagoville, Texas, in the amount of $32,225, The 360,000 gallon elevated tank at Peach Street is in need of painting of the exterior surface to protect the metal from corrosion and environmental impact. The tank was Is painted twenty years ago. This bid will accomplish ,e painting of the exterior tank surface, exterior column, handrails and wind bracing surfaces. This is an approved maintenance project, and is one of the five tanks that have been scheduled to be painted FY 84-FY 86, In FY 84- ono 1 MG ground storage tank, in FY 85 1-2 MG ground storage tank and in FY 86- 1-2MG elevated and I. 2MG ground. storage tank were painted, With the approval of this bid the final 0,36 MG elevated storage will be painted thus completing the three year painting schedule. The bids were opened April 8, 1986, and the result is as follows: Don L. Owens Painting, Seagoville, Tx $321225 The Staff believes that the bid price is reasonable and recommends approval of this only bid. Coomes recommended approval of the subject bid. Second by Thompson. All ayes, no nays, motion carried unanimously, { DATE: May 6, 1986 -CITY COURCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #9608 TRAFFIC SIGNAL CONDUIT RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Ray Willis Electric, in the total amount of $21,790.00, SUMMARY: This bid is for the understreet boring and installation of conduit and pull boxes for the traffic signal installations at Windsor/Locust, Welch/Eagle, and Audra/ iicKinney. BACKGROUND: Tabulation Sheet PROGRAMS, DEPART[UTS OR GROUPS AFFECTED: Traffic Control FISCAL IMPACT: 1985/86 Special Projects Fund Account Number 432-002-0010-9105-SIF1 Respectfully submitted: i wfidgWd 06y4 Y. Harrell' City Manager Pr ared by: Name: Tom 0. Shaw, C.P.M. Titles Assistant Purchasing Agent Approved: 706*4 hn J. Marshall, C.P.M. it3f: Assistant.P` ra, ~ ,n A ' nt . I 1 4 ~ 1 1 I DID 1 408 1 ALB£NESIUS I RAY i REEVES I DICKEpDON 1 DID TITLE TRAFFIC S16NAl CONDUIT CONTRACTIND I WILLIS I ENTERPRISES 1CONSIRUCTION 1 OPENED AFRIL 22. 1986 2 P.M. i 1 ELECIRIC ACCOO1,114 I ; CO. ; 1 1 I I 1 I R I iffy ITEM DESCRIPTION i VENDOR I VENDOR ; VENDOR I VENDOR I_......_. -I------------------ I llllndorl,"rrust 1 14,205.00 i 81480.00 I 12,368.93 1 8,'127.50 ' I I 8. 1 4elch/Eagle 1 81~i60,)0 1 41700.00 i 8,048.00 i 4,410.00 i ; I I I I i C. I lAudra/McH nney 1 11,270.00 I 8,790.00 1 14,479,00 1 94425.00 i ; I 1 I 1 I 1 1 f00 Bid 1 35,535,00 1 1,970.00 1 34,895193 i 221072.50 1 ; I I I I I I ;Blu Bond I Yes I Yes 1 Cashier= CP I Yes a t` -777177Bn:7'477777`77 DATE: 05/06/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Adoption of an ordinance and service plan annexing approximately 125.25 acres beginning at Kings Row and proposed Loop 288, south of Oak Bend Estates, and south of Silverdome Road. (A-33) RECOMMENDATION: The Planning and Zoninngg Commission reconiended approval at its meeting of February 12, 1986. SU "Y: This is a voluntary/involuntary request for annexation by the City of Denton and Teasley Road Associates. A and5therexlstingncitytlimitsaardt iK ngstonpTrace LoopSubd288 is involuntary. Teasley Road Associates is requesting annexation for zoning and delivery of city services. The current conceptual land use plan shows 128 lots of single family (SP-7j land use, 3.8 acres of commercial along proposed Loop 288, 9,6 acres of multi-family and a 10 acre school site, Planned development (PD) zoning is anticipated if annexation is approved, The existing city limits is at the right-of-way line of proposed Loop 288 above the fringe of the Kingston Trace Subdivision. BACKGROUND: Not applicable PROGRAMS, DEPARTMENTS OR GROUPS AFFECCED: No existing housing or p lation is located within the area of request, The Oak Bend Estates Subdivision abuts this tract to the north and approximately two to four residonces are surrounded by the subject site to the east along the unnamed county road, Roadway included in the proposed annexation includes approximately 1,200 feet of both sides of Kings Row; 830 feet of the east and west side of Parris Road and 78U feet of the west half of Parris Road; and approximately 945 feet of the south half of Silverdome Road. 73 ( S.IV Format Sfieet A-33 May 6, 1986 FISCAL IMPACT: Undetermined Res Ctfull submitted: re city Manager Prepared by: v son Senior Planner Appr e y Director of Planning and Development i 3117, 7 -1 ~1L . NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS- BEING ALL THAT LDT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 125.25 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY M DENTON, STATE OF TEXAS AND BRING PART OF THE D. CULP SURVEY, ABSTRACT N0. 281; J. COLTART SURVEY. ABSTRACT NO. 288; AND THE T. LIVING SURVEY, ABSTRACT NO. 129, MWO-! COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and incorporated by reference herein, was introduced at a regular useting of the City Council of the City of Denton, Texas, on the petition of Teasley Road Associates; and WHEREAS, as opportunity wa+~ fforded, at, a public hearing hold for that purpose on the I 'day of r 1986 is the Council Chambers for all-lWaeresdd plc Mor,!o~ ate their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was fforded, mt a public hearing held for that purpose on the - 4" day of ~y~Q ~•C, A 1986 in the Council Chambers for 411 n erected persons c state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the tract of land described in said Exhibit "A" be, and the same is hereby annexed to the City of Denton, 'Texas, and the sage is made hereby a art of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which nay hereafter be enacted and the property situated therein shall be subject to and shall bear its prorate part of the taxes levied by the City. SECTION II. The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zoning sap of the City of Denton, Texas, which nap is hereby amended accordingly. SZ4 TION III. Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconsti- tutioaality, illegality, invalidity or ineffectiveness of such A-33/T9ASLEY ROAD ASBOCIATXS/PAGE ONE i TOP f 1 section or part shall in no via* affect, impair or invalidate the remaining portion or portions thereof, but as to ouch remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to soy part of the area hereby annexed to the C sue part or ity of Denton, such ineffactiveness of this ordinance as to any effectiveness of this oordinance o`s tare& o allof shall the not remainder the such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the stea described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided further, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included A thin the limits of any other City, Towu +r Village, or which are not within the City of Denton s jssriWt 7~tioa to annex, the same is hereby excluded and excepted front the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. SECTION 1V. This ordinance shall be effective immediately upon its passage. Introduced before the City council on the /J0 y' day of Q ,tr e- Lr , 1986. PASSED AND APPROVED by the City Council on the day of , 1986. CITY OF DENTON$ TEXAS ATTLSTI CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORNs DEBRA ADAMI DRAYOVITCII, CITY ATTORNEY CITY OF DENTON, TEXAS BYo L&W A`//&! 4 ,11a1, VtN A-33/TEABLEY ROAD ABSOCIATU/PACE TVO J } r SOURIBIT "A" ""a no 4 Loa ass 0"Osbol 120 Am FIELD ON TO A-22 All that e41rtaln ktaet oc parcel et land lying and being Situated la the Ceuety Ot Dontone irate of Tera, M1eg Part Of the D. Culp survey, AbatreCt 3170 a, Coltart survey, Abstract 291 and the To Living survey, Abstract 721 and gees particularly ascribed as follws$ MOIwN2M1 at a point in the proosat city limits as osubllshd by Oedlooncs No. 43-s0 said "tot lyt" is the "Uth boundary stns at said Celtatt ourveye as being the North beuesatY line Of the said Culp Surveys up en North son 07, O1• test a distance of $33.06 toot to a point ter a 001014191 Tows worth 00 171 21• waste a distance of 1111,20 feet to a pint ter a Cornett f "am North $00 330 11' $ont0 a distance at 719031 toot to a Eclat tot a cornett TIIMCI 140th, A distance 09 301.11 feet to a point for a coraors ?Mao worth 1#0 21 ls• aat► a distance of 417.1 test to a pint for a corner in the last b"Oftly line of said Coltart surwYr ace bet" the Mast boundary it" of said Living "Swot, sold point also lying Is a North and Mouth teed known as Farris goods TERM 1"th► aloag 0-sia survey lines and in aid toad a distance of 7$4.11 toot to a point fee a Corner, std potat being the intsrao0tion of said Farris roes with as Met and INS read kn0we as Rinds sows TEEM North 110 044 17' last, &IS" said road, a distance of 146.14 toot to a point tar a oormerr + "am Nutty No 03, 330 vast, a distance of 3241.03 fact to a Piet tee a Cornett Mid Poses Irime to UW South bwndsry 1100 of the said Living survey, am b*i" the oath tsaNdasy ilea at the J, tally sutwy, Abstract 13711 "am scatty ago 1, $30 most, au" old survey lines a distamm of 1042,20 toot to a pales for a eo "If aid point lying in amid prat city limits, amid point alp lying 6160 toot 11419411"StOtlY tra the COStOt line Of State ttgbwy Loop lss$ TEEM Nortbwsterly at*" a vows to the left with a tadlus at 4411.72 toot a i control 4ag10 of 340 2d, 430, pAssiag the worth bouedary Also Of use Culp w rg"t mme bet" the South b"Adary Iles of said Celtaet Sutvoy and am last a1N vest raw kam as 14490 Nw, a total are dlataaess of 1101.04 toot to a points T1twC1 North $00 16' 14' *Got Iby Ordinance North 470 204 140 Meats 100 toot w09thaaeta9ly and p ratlsl to the Center line of LOOP 2$10 a distance of 14447 toot to the plae41 of b"lant49 and Containing 126,33 soma at land more or 1040. I I A-33/TLUUY ROU ASSOCIATU ILL ji, PLAN J,F S$RVICE FOR ANNEXED AREA, CITY OF ,DXNTON,, TEM WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C, Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09. of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas wLll be connected to sewer lines in accordance with article 449 of appendix A of the code of the City of Denton, Texas, E, Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month aftbr the effective date of annexation. Service Plan Annexed Areas Pa -e two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc*) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexati.on. R. Planning and Zoning (1) The Planning and Zoning jurisdiction cf the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area, I• Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, .parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present. city will be 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, is .waAL r;N r w.. Tai. 1.}4rtiy te{.+ #-.n.; i 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 compered to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of tho city. (3) Impact on overall city economics. The annexed area will be considered for CIA planning in the upcomiug 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. War$ bun d, f)« • • • ~oj / 1 1 1 I • 80tt4 m C1relo W r * s~ Rd. MARTLEE o " s r Hart ISO lei~Id Y M -may r REA OF YR3UEST Oak Band v K! All A0w e~kd inBsjan to. Tr& Propoee •Noo / • • O 1 ` •w• ~!r! • • V • 45 3$0 own 0 Apo ty f-.. a~rr 1 e A ra Ln C ,r• i Involuntary Annexation Voluntary Aanexation OAK SlMD [STATES l ..t....... 10 - "Rome r « r r► ( + • • ~ ~ M4fl 6tfH too" off& % • eoo#A t *I* IMlr A1MMV • • • i • ' ' uwe r 14 ) It *so 0 i ~1 J ~w .r~w~r rr rY w .rr a.r 1 I \J, S5 acres .OOP 79A A A'ttvr^c a,ha ..Njz, brE' _ ,mac--N P t Minutes February 12, 1986 Pap to N: Ms. Brock moved to recommend approval of an 2HRi9ce, of the Citr of Deatoa, Texas, abaadoaias and vacatin`` certain utility easements as described heroin; mad declaring an of f active data. (Southern Hills Addition) Seconded by Mr. Bscue and unanimously carried (6.0). F. A-30. Proposed annexation of approximately 614,6 acres b`ennin north of Old Alton Estates, south of Ryan Road, west of ~M 2111, and east of G.C. 4 S.F. Railroad. S APF REPO t: Mr, Ellison stated that the roads included n s annexation would be maintained by the City. He said that staff recommends that the following at a minimum be annexed: (t) 17S acre voluntary portion Petitioned by Richard Campton and R. J. Button; (2) 80 acre Aces brick site; and (3) 217 acres along the south side of Hickory Creek Road, DECISION: Mr. Claiborne moved to recommend approval of proposes annexation of approximately 614,6 acres beginning north of Old Alton Estates, south of Ryan Road, west of FM 21810 and east of G.C. 4 S.F. Railroad. Seconded by Mr. Bscue and unanimously carried (6.0). G. A•33. Proposed annexation of 124.S25 acres located ■t rings Raw and proposed Loop 288, south of Oak Bend Estates, and south of Silverdame Road. ST FF REPORT: Mr. Ellison stated that this is a voluntary annexat on request by Teasley Road Associates. He added that the DISD has submitted a preliminary plat for a 10 j acre school site in this proposed annexation. He said that this area has a fairly strong development potential. Mr. Juren asked if Oak Bend Estates is included In this annexation. Mr. Ellison said no. DECISIONc Ms. Brock moved to recommend approval of p os annexation of 12S.S25 acres located at Kings Row and proposed Loop 288, south of Uak Bend Estates, and south of Silverdome Road. Seconded by Mr. Bscue and unanimously carried (6.0). H. A-$4, Proposed annexation of approximately 102.49 acres FESTnning adjacent and north of Jim Christal Road, south of U.S. Highway 380 west, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road. STAFF REPORT: Mr, Ellison stated that this is a voluntary request w an accompanying petitlon for light industrial (LI) toning, The tract is located approximately 3/4 to 1 ails wait of the Municipal Airport and the owners have not submitted any information regarding specly.lc plans for the site. He said that there are no existing structures or population in the area of request. He said that this would be a benefit to the City and that there is a need to anslyte these remote areas of the City. DECISION: Mr. Escue moved to recommend approval of pro- poli"d'annnexation of approximately 102.49 acres belinnial Highwayt38and noth of 0 west, approximately t1/2 Road, easthoffKlin. Road and 3/4 mile west of Underwood Road. Seconded by Ms. Cole and unanimously carried (6.0), 1. DI CUS I N OP PIZOIT0111 R N jo;j t u op" ate within only 100 fait of a dwelling.o c u to 3 ro A-33 11MUTION SCHIRDULE ✓ January 27, 1986 Submit agenda item January 290 1986 Submit agenda back-up February 4, 1906 City Council sets date, time and place toe public hearing ✓ Fsbeuary S, 1966 Notice to Denton Etecord Chronicle ✓February 7, 1906 Publish notice and mahout v February 10, 1906 Submit agenda item ✓Febviary 12, 1906 Submit agenda back-up ✓February 12, 1906 planning i Zoning Commission makes recommendation ,t February 10, 1906 City Council holds first public hearing ci February 19, 1966 Notice to Denton Record Chronicle ✓ February 21, 1986 Publish notice and mahout ,i February 24, 1986 Submit agenda item bruary 26, 1986 Submit agenda back-up w ✓ Match 4, 1986 City Council holds second public hearinq March 10, 1986 Submit agenda item ✓ March 12, 1906 Submit agenda back-up * L- March 18, 1986 City council institutes annexation proceedings March 20, 1966 ordinance to Denton Record Chronicle March 23, 1966 Publish ordinance , 1986 Submit agenda item AV 1 1 41 kortt'-TY, 1986 Submit agenda back-up A-p,i1 3e * 1986 Final action by City Council at special called meeting * Denotes action by the City Council O964q ti~ i+'4T^'~~,-(:e ~,g~?'a p'~ ,ri =T• t i-t yr*. y _r; x, ~ ' CITY COUNCIL RNPORT FORMAT ab. TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECTS 2-1705 RECOMMENDATION: The city council held a public hearing on January 15, 1986 and recommended that an ordinance be written. S_UMI ARX : The proposal includes clister, single family, commercial and multi-family on approximately 78 acres located on I-35E southeast of State School Road. BACKGROUNDS The property is part of a 725 acre development located on the southeastern edge of the City of Denton. PROGHAMS. DEPARTMENTS OR GROUPS AFFECTED: No departments or programs are affectod by the zoning at this time. FISCAL IMPACT: No impact on the general fund. Reap tfu11 zsubmitteds ~lo}' ar ell Prepared by: City Manager Cecile Carson Urban Planner Appr e Jeff Me Director of Planning and Development 17148 1419E N0. AN O'dDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE 69-I6 AS AMENDED, AND AS SAID MAP APPLIES TO 74.8 ACRES OF LAND LOCATED ON THE WEST SIDE OF INTERSTATE 35-E, APPROXIMATELY Z,SO0 FEET SOUTH OF STATE SCHOOL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR THE CREATION OF A NEW PLANNED DEVELOPMENT DISTRICT FOR THE LAND DESCRIBED HEREIN, SAID LAND BEING PART OF THAT PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO. 80-36i PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR V~OLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 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, and as said map applies to the real property described in Exhibit At attached hereto and incorporated by reference, is hereby amended to provide for the creation of a new planned development district for the land herein described, said land previously being part of that planned development district created by Ordinance No. 80.36, so that hereafter the land described herein shall be governed and controlled by the provisions of this ordinance; the provisions of Ordinance No. 80-36 as they apply to the land herein described being expressly repealed. SECTION II. That the site plan, attached hereto as Exhibit a and incorporated herein by reference, is approved as a preliminary site plan for the district. Any comprehensive site plan required to be submitted herein shall not be inconsistent with the development concept site plan. Any amended concept plan submitted for approval shall show and include the whole district. SECTION 111, That the district herein approved shall be subject to tho following conditions, restrictions, and limitations; 1. Prior to the beginning of any development or construction within the district, or of any parcel of land or phase thereof, or the issuance of any building permits therefore, a detailed comprehensive site plan for the parcel of laid for which development is proposed, whether one or more, shall be submitted for approval in accordance with the previsions of Appendix B-Zoning of the Code of Ordinances and the requirements of this ordinance. The comprehensive site plans required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community Development and shall show or contain information as to all proposed land uses, development standards and regulations to be applicable therein including, but not limited to, the location of all buildings and structures, streets, parking and loading areas, recreation, open spaces, and park areas, asior utilities and drainage facilities; the maximum height of alt buildings and structures; the dimensions of building lots; the maximum lot coverages and building setbacks; all buffering and screening areas and devices; the location, site, and types of detached signs and the regulations to be 1 gd applied to all signs; and such other information as may be required by the department. • 2. Any comprehensive site plan required to be submitted herein for approval for any parcel of land as shown on Exhibit B shall be in substantial compliance with the acreage density and total number of dwelling units shown on Exhibit Co and the defined lard uses and requirements shown on Exhibits D-1 through D-40 said Exhibits being attached hereto and incorporated herein by reference. SECTION IV. That the proposed land uses for the district as provided for herein shall be considered permitted uses, subject to approval of the required comprehensive site plans showing the design, location, and arrangement of the buildings, structures, lots, streets, parking and loading areas, open or common spaces, set- backs, buffering and screening devices, and all other development features required to be contained therein, as required by this ordinance. SECTION V. That the development of the property shall be in substantial compliance with the final comprehensive site plan hereafter approved and made a part hereof for all purposes and the regula- tions, conditions, and provisions herein contained. The Zoning Map of the City of Denton, Texas, adopted the 14th day of Janu.tiry, 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 VI. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfarr of the City of Denton Texas, and with reasonable considerstiLn, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTION VII. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shalt be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000,00). Bich such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION VIII, That this ordinance shall become effective fourteen (14) days from thu date of its passage, and the City Secretary is Z-1105/PACE 2 3 hereby directed to cause the caption of this ordinance to be published twice in the Denton Recore -Chronicle, the official • newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of , 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLENt CITY SHCUrM CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITI MORNEY CITY OF DENTON, TEXAS 2-17OS/PAGE 3 CXHIBIT "A" hIELn NOTES T'; jc-t -T- BEINC a tract of land situated in the G, W, Walker Survey, Abstract No, 1330 and the Ni,E,p, 6 P.R.R. Co, Survey, Abstract No. 950, City of Denton, Denton County, Texas, and being more • particularly described as follows: BEGINNING at a {point in the easterly line of Block 1 of Wimbleton Village, Phase I, an Addition to the City of Denton, Denton County, Texas, sald point being 77,66' northerly of the northerly line of Winston Grive, measured along the easterly line of said Block 1, said point also being{ 'City common city limits line between the City of Denton and the City of Corinth, a point for corner; 8 Block IEofEsaldoAddition,c35j1841ng o along beginningeofyalcusvefto the left having a radius of 895,00'1, a central angle of 17 S6139" and a chord bearing of S77036'20"E, a point for corner; T14ENCEin a southeasterly direction and along said curve, of 280,301 the curve, saidasecondvcurveibeingntobthegrithe ghtbeginning radius of 2562,21' and a central angle of 2008'43 a point for corner; THENCE in an easterly direction and along said curve, 95.93' to the end of Aaid curve, n point for corner; THENCE NS 31'E, 110,00' to the beginning of a cure to the left having a radius of 2672,211, a central angle of 2~08'z5" and a chord bearing of N85030'23"W, a point for corner; THENCE in a westerly direction and along said curve, 09,9$, to the end of said curve, said point being the beginning of a second curve, said second curve beinr, to the right having a radius of ?85,00' and a central angle of 31057,.101,3 point for corner; TIIENCE In a westerly and northwesterly direction and along, said curve, `137.891 to the end of said curve, a point for corner; ° 1J, 302.90 to the beginning of a curve t,o the left having a radius of 960.00' and a central angle of 1°11'45", a point I'or corner; THENCE in a northwesterly direction and along said curve, 20.04' to the end of said curve, a point for corner; THENCE N410211EO 739.29' to a point for corner; THENCE N420511E, 698,40' to a point in the southwesterly lire of Interstate Highway 35E (a 300 R/W), a point for corner; 2 THENCE .547007'L- with the southwesterly line of said Highway, 178,42 to the beginning) of a curveto the joint having a radius 79.641 an of SBTHENCE indaasoutheasterlyadirection,wich°the R/W line corner; said Highway 35E and along said curve, 535,22' to the end of said curve, a point for corner; THENCE 5500231E and continuing along the southwesterly line of Interstate Highway 359, 500.52' to a point for corner; THENCE S500331E and continuing along the southwesterly line of said Highway, 97.30 to a point in the common city limits line between the Citv of Denton and the City of Corinth, same being in the southerly line of the G, IV. Walker Survey, Abstract No, 1330, a point for corner; -1705 , EXHIBIT "A" (Continued) ' FIP.I,D :wTF~ Tract 3'co`ntinued THENCE 484000'11 with the common city limits line between the C ity of Denton and the City of Corinth, some being along the southerly 3068,751 tolthe0place oG, 11. Walker u beginning and containingc70`181 1ucres of land, Tract 4 BcING a tract of land situated in the M,E,P 6 P.R.R. Co. Survey, Abstract No, 950, City of Denton, Denton County, Texas, and being more particularly described as follows: SEGINNING at a point in the northeasterly line of State lineoofRBlocka (i the City of 14ofRWimbleton point bein$ in the e, Phase VI, an Addition southwesterly 120,061 fromDtheosouthwesterly nline of Winston Drive,ameasuredg along the R/W line of State School Road, a point for corner; THENCE N480301E with the boundary line of said Wimbleton Village, 126,90to the beginning of a curve to the right h,,.ving a radius of 180,00' anJ a central angle of 65019112", a point for corner; THENCE in a northeasterly, easterly and southeasterly direction iaith the boundary line of said Addition and along said curve, 05,21' to the end of said curve, a point for corner; 10 mbletonrVilla,, , phase VI,tt99u92$ toothetbeginning ror a ncurtie to the right hay ng a radius of 180,00' and a central angle of 20002'20'1 a point for corner; THENCE in a southeasterly direction with the boundary line of said Addition and along said curve, 62,9S' to the end of said curve, a point for corner; HENCE S4600SIE with the boundary line of said Wimh!eton Village, Phase VI, 217.00' to the beginning of a curve to the left having y radius of 480,00' and a central angle of 3204t;12111, a point for corner; THENCE In a southeastorly direction with the boundary line of said Addition and along said curve, 274,83' to the end of said curve, said ppoint being in the common city limits line between the City of Benton and the City of Corinth, a point for corner; 7:rv~r' S"0071W with the said common city limits line, 23,89' to a point for corner; THENCE 583012% with the common city limits line between the C line ity of Denton and the City of Corinth, same being along a northerly Levi Young afNo, 14SI 617.231 orementioned State OSchool Road, a point for corner; THENCE '415032'14 with the R/W line of said State School Road, 124,82' to a 3pponnt for corner, School HRoad,`278.631 totthehplace tofabeginning nandfcosaid ntaininge 4,S51 acres of land, , t-1705 2-2705 • 1 Apartments ~ c~ 14.1 Am r 0 Commercial Shopping 43,40 AC. CLUSTE HOMES 19.50 C. 4.55 AC. #0 SINGLE FAMILY . r..rwr. beef U Clustor HOM r SinSlos Family Homes iPe ~r^ eln w am i ~ _ artmenta/ Condoml Is's Aso dlnole feAtilr 1~iowea EXHIBIT "C" USE ACRES DENSITY TOTAL UNITS Cluster 12.50 6 u/a % - Single Single Family 4,55 4 u/a 18 Commercial 43.40 NA NA Multi Family 14.30 24 u/a 343 Z-1705 .-a. a ia.. 1... ~ S •:T EMKIBIT «D-1" cr.v Eli HOMR~, DEFINITIoNs Single family detached units. REQUIREMENTS: Height RSauire ants: Two (2) stories in height. Area RtIvirements.: Front Y_rd - Minimum twenty-five (25) feet. ide Ya d - Minimum five (5) feet. A side yard adjacent to a street shall not be less than ten (10) feet. M EL - Minimum ten (10) feet. Lot Ada - Four thousand five hundred (4,500) square foot. [ot_ Width - Minimum fifty (50) feet. Lot Dec h - Minimum ninety (90) feet. Minimum Dwelling size - The minimum floor area of any dwelling unit shall be one thousand two hundred fifty (1,250) square feet. Lot Coverage - Maximum sixty (60) percent by buildings. Park ing.Regy1j2 ents: Minimum two (2) spaces per unit. Building Materials: All dwelling units shall be constructed of masonry, stucco$ or of a glass building material of the kind usually used for outside wall construction, to the extent if at least seventy-five (75) percent of the area of the outside walls. Residentialpons_ itYt Density Maximum 6.0 dwelling units per acre. Z-1705 Via.. ~ i EXHIBIT "D-2" S_iU IAMILY 8011 Dt1211ITIOMs Detached housing. REQUIREMEMTSs Height Requirements: Maximum two and one-half (2-1/2) stories in height. Ara Re u rs snts: front Yard - Minimum twenty-five (25) feet. Side Yard - Minimum five (5) feet. A side yard adjacent to a street shall not be loss than fifteen (15) feet. Roar Yard - Minimum twenty (20) feet. Lot Area - Minimum seven thousand seven hundred (7,700) square feet. Lot Width - Minimum seventy (70) feet. Lot Death - Minimum one hundred ten (110) fee;:. Min morn Dwelling size,- The minimum floor area of any dwelling unit shall be one thousand five hundred (1,500) square feet. Lot Cov..raaa - Maximum forty-five (45) percent by buildings. Parking Reguire>gentss A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit. Building Materialss All dwelling units shall be constructed of masonry, stucco, or of a glass building material of the kind usually used for outside wall construction, to the extent of at least reventy-five (75) percent of the area of the outside walls. Residential Density: Density - Maximum of 3.5 dwelling units per acre. G-1705 :,,`Pass 9*; :.,r'>.:,.--,<. .7 l y..-.as~_r c', R'~'~i 3• grs+ a~ F.. .s _ :rte. 'y`f .p F s " EXHIBIT "D-3" COMMERCIAL SHOPPING PERMITTED USES: All uses as permitted in the commercial and office zoning districts, except that the following uses shall not be permitted: "Amusement, commercial (outdoor) drag strip or commercial racing "Asphalt or concrete batching plant (permanent) "Brick kiln or the plant "Cemetery or mausoleum "Dormitory, boarding or rooming house "Dump or sanitary fill area "Extraction and sale of sand, caliche, stone, clay or gravel "Fairgrounds or exhibit area "Go-cart track "Half-way house "Hatchery (poultry) "Hauling or storage company "Heavy machinery sales and storage "Home for care of alcoholics, narcotic, or psychiatric patients "Livestock auction "Livestock feeding plant, pens or yards "Mining or storage of mining wastes "Open salvage yard for rags, machinery, etc, "Petroleum collecting or storage yard "Privato utility shop or storage yard 'Rodeo grounds "Sand', gravel or earth sales or storage I EXHIBIT "D-3" (Continued) 'Stables, boarding *Stables, commercial rental *Stables, private club 'Storage and sales of furniture or appliances (outside of a building) 'Theater (drive-in) 'Tire retreading or recapping 'Tool or trailer rental 'Trailer camp or mobile home park 'Trailer rental or sales 'Used auto parts sales (inside of a building) REQUIREMENTS: Height equirements: Maximum of two and one-half (2-1/2) stories, Area Requirements: Front Yard - Minimum twenty-five (25) feet Side Yard - Minimum fifteen (1S) feet Rear Yard - No roar yard is required Landscaped 0 en Space • Five (S1) percent of the total of area shall be maintained as landscaped open space. Lot Coverage - Maximum fifty (501) percent by buildings. Floor Area Ratio: Maximum l:l Building biatertcJs: The main building exteriors shall be constructs of glass, stone, brick, tiles, cement, concrete, or similar materials, or any combination thereof. Parkin Re uirements: One (1) off-street parking space s a 'e provided - or each two hundred (200) square feet of floor space. Z-17OS . s;. ~ 3`,H T°ri'r rd 1 Y. _m t'.g ,`T •r. EXHIBIT "D-4" APARTMRNTS/CON INU a DSPINITIOnt Nulti-gamily. The structures will range from two (2) units per building to sixteen (16) units per building. REQUIREMENTS t Height Requirements; Two and one-halt' (2-1/2) stories in height. Area Reauirementgt Front Yard - 4inimum twenty (20) feet. Side Y rd - Minimum ten (10) feet. A building separation of fifteen (15) feet shall be observed between structures. A aide yard adjacent to a street shall not be less than fifteen (15) feet. Rear Yard - Minimum twenty (20) feet. Lot Area - Minimum sixteen thousand (16400) square feet. Lot Width - Minimum ninety (90) feet. Lot. D th_ - Minimum, ninety (90) feet. Minimum Dwelling Size - The minimum floor area of any dwelling unit shall be five hundred (500) square feet for fiats (single level units) and seven hundred fifty (750) square feet for studios (two level units). Lot Coverage - Maximum fifty (50) percent by buildings and paving. Parking Requirements.- A minimum two (2) parking spaces per dwelling unit, Building Materials: All dwelling units shall be constructed of masonry, stucco, or of a glass building material of the kind usually used for outside wall construction, to the extent of at least seventy-five (75) percent of the area of the outside walls. Residential Den_ ai ys Density - Maximum 24.0 dwelling units per acre. Z-1705 r~e~~ts'st~r ;;!3S? :.r--v s vc•• s ~ s ^r - r'^ ..s.., .~~s . s o q~. ;.•....r s~„• .-a s +M _.,:ba. DAM 05/06,/06 CITY COUNCIL REPORT !2" LT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUW3CT: Z-1766 RECOMMENDATION: The City Council held a public hear''ng on April 15, 1986 and recommended that an ordinance be prepared. SU14MARY : The property is located on Hickory Creek Road in a low intensity area. The proposal is consistent with Development Guide policies. BACKGROUND: The property was annexed April 8, 1986 by the City Council. PROGRAMS, DEPARTMENT$ OR GROUPS AFFECTED: No department or programs are affected. FISCAL IMPACT: No impact on the general fund. Reap tfull s bn+stted: Lloyd arrell Prepares} by: City Manager Cecile Carson Urban Planner Appr d Jeff Mey Director of Planning and Development U148k r 1421L NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1, AS AMENDED, AND AS SAID MAP APPLIES TO 90 ACRES OF LAND LOCATED APPROXIMATELY 1,1SO FEET WEST OF TEASLEY LANE AND NORTH OF HICKORY CREEK ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION PROM AGRICULTURAL "A" DISTRICT CLASSI- FICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION OFD~1S000 DESIGNATION; PROVIDING THEREOF;1 AND APROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the zoning classification and use designation Gf the real property described in Exhibit "A", attached hereto and ine~rporated herein by reference, is hereby changed from Agricultural ''Al' Dis- trict Classification and Use designation to Planned Development "PD" District Classification and Use designation under the compre- bensive zoning ordinance of the City of Denton, Texas, SECTION II. That the proposed site plan, attached hereto as Exhibit B and incorporated herein by reference, is approved as a preliminary site plan for the district. Any comprehensive site plan required to be submitted herein shall not be inconsistent with the attached site plan. Any proposed amendment of the attached site plan, submitted for approval shall show and include the whole district, SECTION III, That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. Prior to the beginning of any development or construction of the areas designated for general retail, multi-family, and condominium use, as shown on Exhibit B, a detailed comprehensive site plan for than parcel of land for which development is pro- posed, whether one or more, shall be submitted for approval in accordance with the provisions of Appendix B-Zoaia of the Code of Ordinances and the requirements of this ordinance. The comprehensive site plans required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community Development and shall show or contain information as to all propposed land uses, development standards and regulations to be a plicable therein, including, but not limited to, the location of all buildings and structures, streets, parking and loading areas, recreation, open spaces, and park areas, major utilities and drainage facilities; the maximum height of all buildings and structures; the dimensions of building lots; the maximum lot coverages and building setbacks; all buffering and screening areas and devices; the location, size, and types of detached signs and the regulations to be apAlied to all signs; and such other information as maybe required by the department. 2. !.,ay comprehensive site plan required to be submitted herein for any parcel of land shown on Exhibit e, whether one or I , more, shall not be inconsistent with the maximum number of dwelling units shown on Exhibit S. 3. A minimum SO foot landscaped setback shall be maintained for all parcels of land fronting Hickory Creek Road. No parking lots, buildings or structures shall be allowed within the required setback. • 4. The maximum height of buildings in the area designated for multi-family use shall be three stories. S. The maximum height of buildings in the area designated for general retail use shall be two stories. 6. The area designated for single family dwelling use shall be developed in accordance with, and be governed and controlled by, the zoning regulations applicable to sin is family (SF-7) zonin districts as provided for in Appendix B-Zoning of the Code of Ordinances. 7. The area designated for duplex dwelling use shall be deve- loped in accordance with, and be governed and controlled by, the zoning regulations applicable to two-family (2-F) zonin districts as provided for in Appendix 8-Zoning of the Code of Ordinances. 8. One detached sign may be used for the entire district. All other signs must be attached signs and shall be governed by the sign regulations set forth in Appendix S-toning of the Code of Ordinances. 9. All uses permitted in general retail zoning districts as pprovided for in Appendix S-Zoning of the Code of Ordinances, shall be considered permitted uses in the area shown as general retail on Exhibit S, subject to approval of the required comprehensive site plan for such area as provided for in this ordinance. 10. No private access driveways or curb cuts shall be permitted on Hickory Creak Road from any parcel or lot within the district. 11. The recreation area shown on Exhibit S shall be be privately owned and maintained. 12. Sidewalks shall be provided on the western or southern sides of all public street within the district. 13. That portion of Hickory Creek Road, extending from the east boundary of the district to FM 2181, being approximately 1,150 feet in length, shall be improved in accordance with City standards, to a width of 24 feet. 14. Screening devices of a minimum height of six feet, con- sisting of living vegetation or combination brick/wood fencing, or both, shall be erected along all boundary lines where the general retail and multi-family uses abut duplex and single family uses, prior to the issuance of any building permits for the respective tracts. The architectural details of the proposed screening devices shall be submitted with the comprehensive plans required for the respective tracts for which fencing is required. 15. A general development plan as specified in Appendix A of the Code of Ordinances, shall be submitted for the first parcel of land or phase to be developed or platted. The plan shall include an exact description of all infrastructure improvements necessary to serve the parcel of land or phase proposed for development, The plan shall specify the phases in which all parcels of land within the district are proposed to be developed. 2-1766/PAGE 2 il~ UMI-0N IV. That the development of the property shalt be in substantial compliance with the final comprs ensive site plan hereafter approved and made a part hereof for all purposes and the regula- tions, conditions, and provisions herein contained. 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 Citq 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 suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION 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 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 VII. That this ordinance shall become effective fourteen (14) data from the date of its passage, ■nd 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 ATTESTS CHIRLOTTA ALLEN CITY SECRFrM CITY Of DINTON,,TEXAS APPROVED AS TO LEGAL FOAM: DEBRA ADAMI DAAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1 1w rat ~~n 2-1766/PAGE b { EXHIBIT "A" r f SURVEY NOTES f To all that certain 8000 acre tract or parcel of Land situated la the No Britton Survey, Abstract No. 51, Denton Count1 tract described in a deed from Charles Sao raves ~oTCarl and being the saw dated May 6, 1946 and recorded in Volume 314, Page 3332ofBthe Dea d°~ords of Denton County, Texas, and being further described "I BEGINNING at the Southeast corner of the N. Britton Survey, Ab. No. 51, al being the Southwest corner of the E- Pickett Survey, Ab. No. 1018, also being the corne Northeastwcoorner ofrthe a. RogersVenSurveyter Ab, No. Ho. ,and also being the apparent centerline of a public road (known so NlekonyCreeklRoad)~n the THENCE North 87' 45' 39" Vest followin more or lees the centerline of the public road and the South line of the . Britton Survey, Ab. No. 51 a dis- tance of 2,641.40 feet to the Southwest corner of the herein described tract THENCE North 01' 22' 3r East a distance of 1,319.36 feet to a point for cornarN TRUCK South 87' 45' 3011 East with tha South line of s trace owned by ACME Brick Co. a distance of 1064104 feet to a point for ca tract THENCE South Ole 22' 370 West with the Ewt line of the N- Britton Sur Ab. Ho. 51 a distance- of 1,319.44 feet to the POINT OH vey, in all 80.0 acres of land SEOINI;TI;G and encloa- . 2-I?d6 ' ~ , o fir, Y~NNYN*YY~N NY ~YYi7YYYNYYwYN{~YNYY t ~~f~l t 1/ "a i;' ill *t LIAM r, I , ,1r~ Y t RIA 1f1 ,Yl~t1i .~•rwi'M r.. ♦ ' fi.'. err r ~+~~t -~r l} Yr~~ 1 •p4itY3r?k~f~. ~~~~i. wla ../4, / ~I f~)r i ' .rl ~ 4x/`0.. 1 , r,, Il. I •i~py~l~. i+Ki y1 ~4 4 r n 't7771`~~~ • i. fq ~'}llld K ~ ur o f - L~ sp it "lox vo, v ary raaofr YOU" r);;r , oattniwl ~ "..Y.Y!)MYrw rY )w•Y. nwr JYwrY~i.w,Mr1 I f. ~S ~~MwIYY~. r ...Y -171 .G I r . r ~ xcr s r. xa f: ~~~~3'" _,:,-~,4,~.+ a^ r, ~ .cw?iwt~:, r •h'?°'m a Cs~.q DATRi 05/06/86 CITY COUNCIL MROT POPl1AT Ig 4 TO: mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Z-1188 RECOMMENDATION: The City Council held a puhlic hearing on March 4, 1986 and reconmiended that an ordinance be prepared. SUMMARY: The property is located at the northeast corner of I-35 and Payne Drive. BACKGROUND: The proposal includes office, neighborhood service, cluster, and single family (SF-16 and SF-10) land uses. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: No departments or programs are affected. FISCAL IMPACT: No impact on the general fund. Respe tf ull submitted: Lloyd err 11 Prepared by+: City Manager ~,p eA Q l Q /tip ~ Cecile Carson Urban Planner Appro d Jeff Mey Director of Planning and Development 1718g 1420E 1 NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, • TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TV THE CODE OF ORDI- NANCES OF THE CITY OF DENTUN, TEXAS, BY ORDIHANC$ NO. 69-I, AS AMENDED, AND AS SAID MAP APPLIES TO 74,97 ACRES OF LAND LOCATED AT THE NORTHEAST COLNER OF THE INTERSECTION OF INTERSTATE HIGHWAY 35 AND HEREIN; TO PROVIDE NFOR RAV CHANGE IS MZONI G~CLA gSIFICATION DESCRIBED AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" YISTRICT CLASSIFICATION AND USE DESIGNA- TION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFBC1IVE DATE, I THE COUNCIL OF THE CITY OF DENTON, TEXAS, IIERBBY ORDAINS; SECTION I. That the zoning classification and use designation of the real property described in Exhibit. "A", sttach•~d hereto and incorporated herein by reference, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the "master development" site plan, attached hereto as Exhibit B and Incorporated herein by reference, is approved as a preliminary site plan for the district. Any comprehensive site plan required to be submitted herein shall not be inconsistent with the development concept site plan. Any amended concept plan submitted for approval shall show and include the whole district. SECTION III. That the district herein approved shall be subject to the following conditions, restrictions, and limitationsi 1. Prior to the beginning of any development or construction within the district, or of any parcel of land or phase thereof, or the issuance of.any building permits therefore, a detailed comprehensive site plan for the parcel of land for which development is proposed, whether one or more, shall be submitted for approval in accordance with the provisions of Appendix B-Zoning of the Cdde of Ordinances and the requirements of this ordinance. The comprehensive site plans required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community Development an3 shall show or contain information as to all proposed land uses, development standards and regulations to be applicable therein, including, but not limited to, the location of all buildings and structures, streets, parking and loading areas, recreation, open sppaces, and park areas, major utilities and drainage facilities; the maximum height of all luildings and structures; the dimensions of buildin lots; the maximum lot coverages and building setbacks; all bulgf#ring and screening areas and devicesl the location, size, and types of detached signs and the regulations to be areqppuireliedd tbyo tahell de spiargntsment; and such other information as say be . 2. Any comprehensive site plan required to be submitted herein for any parcel of land shown on Exhibit B, whether one or more, shall not be inconsistent with the following minimum standards: MAXIMUM MAXIMUM HEIGHT APPLICABLE DEVELOPMENT MAXIMUM NUMBER OF BUILDINGS STANDAIDS/PROPOSED USES- PARCEL ACREAGE OF UNITS (STORIES) __PER ZONING DISTRICTS A 16.75 N/A 3 Office uses. B 4.00 N/A 1 Neighborhood Service C 18.34 200 2 Multi-family Restricted (MF-2) and minimum common recreation/open space of 1.8 acres. D 27.74 91 2 Single-family ($F-10) E 6,00 11 2 Single-family (SF-16) F 2.17 N/A N/A Water Detention Area 3. A the Code ofn Ordinances, shall p ben specified ffor the Appendix iparcel of land or phase to be developed or platted. The plan shall include an exact description of all infrastructure improvements necessary to serve the parcel of lend or phase proposed for development. The plan shall specify the phases in which al? parcels of land within the district are proposed to be developed. 4. With each comprehensive site plan submitted for appproval for parcel A, B, or C a landscaping plan shall be submitted showin at least twenty percent of the total area of the tract, exclusive of areas for street rights-of-way, to be permanently used and maintained as common areas for plants, shrubs, grasses or other landscape features. S. All development contracts required to be executed in accordance with Appendix A of the Code of Ordinances for the development of any parcel of land shall provide for the co,istruction of sidewalks, meeting City specifications, along the southern and western sides of all public streets to be constructed or improved within or adjacent to the district. 6. A solid masonry fence, of a minimum height of six feet, shall be constructed or installed along the north and east boundaries of Parcel 8; along the north and east boundarieA of Parcel A; and along the north, east and south boundaries of Parcel C. The required fence or screening device for Parcel C ppshall be constructed or installed prior to the issuance of any fencessoroscreeninggdeviceswithin shathe ll parcel. All constructed otherInsrequired alled prior to the issuance of my certificates of occupancy for the respective parcels to which this paragraph applies. 2,1788/PAGE 1 r' i i 7. The developmene contract required by Appendix A of he Code of Ordinances for the development of either Parcel A, 8, C, or D. whichever first occurs, shall provide for perimeter street improvements to Payne Drive, of a maximum width of 17 feet, and extending from I.35 to Westgate Drive, in accordance with City standards. Code B of development for contract develop development required ofbyParcels Appendix A of the whichever first occurs, shall provide for perimeter street beImpironnivements to Westgate Drive ' northern bounds minimum of he width di trict feand extending to Payne Drive, in accordance with City standards. 9, The water retention area shown as Parcel P shall be improved and dedicated to the City with the development of any parcel for which such detention area is necessary to provide adequate drainage, as determined by the City Engineer. 10. That the shall show am design, plans for location Parcels of existing public easements and utilities crossing the respective tracts. S . ECTION IV. That the approval of the district ac provided for herein shall not, and is not intended to, be deemed approval of any particular land use in such district, but shall be construed only to mean that those proposed land uses, as provided for herein, may be considered as possible appropriate uses for the district at the time the comprehensive site plan in submitted therefore, the approval thereof being based upon relevant factors which may include, but not be limited to. the time elapsed from the effective date of, this ordinance to the date the comprehensive site plan for the district is submitted; the number of proposed buildings or dwelling units and proposed usesi the arrangement and design of. the buildings, streets, parkng areas, utilities and other development features, and the proposed regulations to be app.ied to the district. SECTION V. That complianceh with developmen of the ilte be In compreh nsive shall plans substantial hereafter approve,t and made a part hereof for all purposes and the regula- tions, conditions, and provisions herein contained. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 2969, as an Appendix to the Code of 69.10 as Ordinances Ameof the nded, City of show under Ordinance dichange No. hereby amended Texas District Classification and Use subject to the above conditions and specifications. SECTION VI. That the City Council of the City of Denton, Texas, hereby f plan inds that such change isp in accordance with a comprehensive City of for Denthe purpose tont Texas, o and with ireasonable genera among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to Z-1788/PACE 3 I conserving the v&1,16 of the buildings, protecting human lives, and encoura ing trio most if uses of land for the maximum benefit to the city of Denton, Texas, and its citizens. • S$CT, IOI V~ III or person who Provision (of this ordinancot thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Bach such pbrson shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. Sl-TION VIII. That this ordinance shall become effective fourteen (14) days from the date of its passage and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1486. CITY OP DENTON$ TEXAS ATTEST: ZR TTE , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADANT DkAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i 2-1788/PAGE 4 j WIBIT "A" 111E16D HOTES TO 14.9/36 ACISS IN THS FRANCIS SATSON SUSVpO AISTRACT 430 CITY AND COUNTY OF DSNTON0 TREAS. ALL THAT CERTAIP TRACT 04 FARCSL OF LAND SITUATED IN TILL FRAMCLS BATSON SURVIcyo ABSTRACT 430 CITY AND COUNTY OF DRNTONO TKXASO BEING: ALL OF A (CALLED) 74.8!5 AM TRACY DRSCRISID IN A DSE» FROM ASCNIS C PAYNY,, TO NENRY S NIUM COo TSWTSE0 RECORLMID LN VOLUME 7380 PACK IL30 DEED SECORDS OF SAID CWmaln AND BEING MDRS FULLY DESCRLIED AS FOLLOWSI ISCINNINB AT A RIONT-OF-WAY POST AT THE NORTMUT CORNER OF SAID 14.635 ACRE TRACT ON TNI NORTH BOUNDARY LINE OF THE f SATSON SURVEY AT ITS INTERSECTION WITH THE EAST RIONT-OF-MAT Of INTERSTATE NLUHWAY 33-EI TNSHCS SOUTH 67 DECREES 44 NIIIUTIS 41 SECONDS tAST WITH THE NORTN B OUNDARY LINE Of TNS P BATSON SURVIT AND THE SOON SOUNDART LINE OF THE 11 AT 2098.30 SURVEYo ASSTXACT FIINONITNI VEESSTGSOU&VUT LINE OIaFA NPASS S DRIVE AND CONTINUINO A TOTAL DISTANCE Of 2116.70 FEET TO THI NOXTNSAST COAMER Of SAID 74.855 ACRE TRACT IN PAYNE DRIVEL THENCE SOUTH 01 DEOSSII 49 MINUTES 47 SECONDS WEST WITH THE MIDDLE Of FAYNS D,RIVS A DISTANCE Of 1203.42 PEST TO AN IRON FINI THENCE NQRTN 90 DECREES 30 MINUTES 01 ISCONDI WEST ALONU AND NSAR rKNII A DISTANCE OF 533.93 FLIT TO AN IRON FIN AND FENCE A CORNSA THENCE SOUTH 02 DECREES 38 MINUTES 16 69CONN ?AST WITH A FENCE A DISTANCE Of 510.1E FEET TO AN IRON FINI THENCE NORTH 67 DICKIES 26 MINTUI6 02 SECONDS HEST ALONG AND NEAR A FENCE A 1DSTANCE OF 1492.53 FEET TO AN IRON PIN AND FSNCI CORNEA ON THE EAST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 3$-I1 THENCE WORTH 06 DEGREES 01 MINUTES 00 SECONDS WEST ,.NTH SAID R1r.NT-OF-WAY AI,ONU AND NEAR A FENCE A DISTANCE Of 461.)U FEET TO A RLrNT-OF-WAY PUSTI ,THENCE NOR'Iq Of DECRIES 10 MINUTES 30 SECONDS HEST WITH SAID RIr111T-0F'-WAY ALONG AND NEAR A YRNCE A DISTANCE'OP 1228.30 FEET TO THE POINT OF BEGINNING AND CONTAINING 14.9736 ACRES.OF LAND. z=1788 EXHIBIT "B" • w~q r ararp„ ~ r TlRVA rs ~•Yn MAB I MR ©1BV'IEL opma T PLAN JAAMW M. sAOWpA CO. MmTpK3 pLnx ■NOINERP INO t2OCPF iRATlON 1+03 ►o~r v+ownr o,wr arNTON, trxr ~rrer r++•ard•uir va, ~tv a.•~•er X00 ~Twnts III d Z-1788 -1 117- DATE: 5/6/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Z-1790 RECOMMENDATION: The City Council held a public hearing on February 18, '-"1986 and recommended that an ordinance be prepared. SUMMARY: A request for approval of a comprehensive site plan for a 3.12 acre portion of PD-41 located at the southeast and southwest corners of Loop 288 and East McKinney Street. BACKGROUND: This is a portion of a 10 acre retail site at the southwest corner of Loop 288 and McKinney Street. The proposed retail strip center meets City of Denton development requirements. PROGKAMS,,_DEPARTMVNTS OR GROUPS AF}iiCTED: No departments affected FISCAL IMPACT: No impact on general fund Res ectfuliy submitted: oy a re City Manager Prepared by: ep v e AA Urban Planner App ve e e.ye Director of Planning and Development 1425E NO. AN ORDINANCE PROVIDING FOR APPROVAL OF A COMPREHENSIVE SITE PLAN FOR 2.1 ACRES OF LAND LOCATED WITH THE PLANNED DuVELOPMENT DISTRICT APPROVED BY ORDINANCE NO, 82-83; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1400.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the comprehensive site piano attached hereto as Exhibit A, for 2.108 acres of land, as described In the attached Exhibit 8, 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. SECTION II. That the development and use of the property described herein 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 living screen shall be erected along the southern boundary of the 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, shall 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 regulstions applicable to, general retail zoning districts as provided ° , in Appendix B-Zoning of the Code of 9rdinances to the exte,: that such regulations do not conflict with any provision of thl5 ordinance or the comprehensive site plan approved herein. SECTION 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 thia ordinance. SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, o-r of a permit or certificate issued thereunder, shall bo guilty of a misde3eanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. r SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of , 198F. CITY OF DENTON$ TEXAS ATTEST: CHARbOTTE , CITY 3ECnffM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY:- Z-1790/PAGE 2 Fr` EX111BIT "A" p•.Mr..',YIV,/: . ....V'NL'~lC'.1 yr'1MLr y~ nl:ul ChAT f 0~Y'+ew n.wvr'w*,tffwrrwae•,~,.r~...w^"""'tttaa•Ya» STATE Of' 'XAS COUNT'? OF OENrON IdN(fICAN, 'CO`I U. .1l:STI: ti, JA.' an1 !'dill. 'I, Ifh YllfroL, .IA, arc thf ovnon OC all • r''at cnrtalrt tract y fancn tnnuatorl in tlln wrhsa 9vrv0)' Abstract Sum bor 16A2 in the Cit o, )WItA the c•.G ier: 10,(591 aero triCL Aoj^ribe Cmini Y, fnRat, end boron a part of Jac i, bfl•w and Distlllor's thrtlet, Inel" ulo !)Dart from Tow 0, Jail it,, Conn d, Jr, roeardurl In ioUuso UGA Page;444 of tha 0aoda Jr, Abd fain )I, Cann ty, ro.tajt the snbJect tract holnf, morn ttMe Of Denton particularly doaerlhed of fol1oc11 bCOfN'StN'0 for the .NOtthealt Corner of the tract hntng doscriDeq heroin, At A ,'ooAen IlSBhway monumon0 at ttto r•cohnfud acrd trac Nottlroatt Corner of the frtd 10„597 t,aid mom lmont horn( In the rnaonnl"ll Sp,th 'Inc Of Raft >el(lnncr Streot and tl~Po best Ilno of II(lihuay Loop 248, TOME South OI nn Tin l9 `q nutr!m 00 Second' Wnrt Will the we$' line of tho +aiA Ln op 280 a rllntancn rf 364,60 fait to ail lrnn red tot for tho t t east utas masahde distance of X200 a foot from 64H red holm North of Southeast 0441116 IS Said 10,1577 acre tract, jano bn to 1nnLitcA Southeaft Cotner of the acre treat loocrlbeol to %130 nnad from tha NortIIOA't Cornor of a called l/),1605 lCoc o IndonnnArnt Conp,llglumo dnpendont C 0411hiea, Trustee, ItocnrdS tniee roc'orded In v : I2A0 Pnto 154 of the Said Peel 'CNCNC North AA Unf,rOet p5 Hlnutot o 2.12.79 f and d 00 Second' flOtt ,rlLh A line 200 feet South 0l to the Iouth I'no of the 01,114 t0,5S97 ,,'tra tract tract, feet t to An iron rod jet for the Southvor! Coto a dlatSnea of defer load leribed~in d thndnnednfren fetronlnxr fInltlOf a 75'foot er wide of Utility re oafaeent to. recorded in Volume 1029 fare 281 oC the said (Daed RecordSl to the City of Onntnn rnI:YCE Yotth 00 008rues 47 llin,tnj 5,1 Secunds ',tat wl th the Sorceni,ester of 1,1,1 'he? a diet Anca of 4460 foot to an iron rod lot for the .e ce na;.. tht nter r :nn horn In Aojcrlbad tract, fall roA boln8 in 'rte me Ca ekknnnY 5r t Ott nrno ' o8 I"111111. till North line nixotl South Ilnn of f [let "I also hni ng SmiIII Al nnntrnj 55 'llnntnf It it l'o A(ld 11),1507 eery treat, Ia''t fact from on iron rnl found at the rrn'll Cast n dtstaurn „f „s 1'1,1597 scro tracU tecn.',n kxcd t:nr u'"It C,nrner of the Ri:SCE Soutil 93 Degrees 55 !Ilnwtni 11 96e0Mr11 I'.Itt ,+ith the reconnlxed Sovtll I Sno of Ulo said Peat `kKlnnny 9t root hlChuAY mnnmm~n~ fnnnA Cor an ,Login p nlan't li tlht.vtororlen) of 27,1)3 feet to a un"d"o TfICNCC Snlltli Ah Iregrres it )linitts 2) N.'nnndA I'asl rnntinutnn with fain 5,1r1, Jinn a distance of 21A,S1 foot to the PLACE OF nrrvwIN'0 And enclosln8 2,198 scree or land, X94, TIICr.CFOAE, KNO11 rSLL !trN RY TIIT:Sr PRC9ENT91 TIIiT, 791I fl, IC50-1,.I1• AND PAUL )I, 1!%YIIODn,.IR, do 0reby adopt tills plat Ai- •rigntthurl I l'e bnr'rIn h'verlbn,f Urnprrty A. P11 17N1,e Ir•i' 131MV I lu [hr flty of Denton, D,!utorl C,rnnty, I'ev..-A and rln hnr,d,i.'I"licate to the n"hlic use foravor the stroct rights-of-uay end puulic n.unncnta shown hereon. 01'1 TO4 D. Jr.M.1t, 1R, Rl'I !J E'AIJL N. IIAMOOO, JR, StATE of TEXAS COUNTY Or DCNTON w BEFORE 4C, the undersi8ned Notary Pnb/ic In and for said County and Stat• on this Pl day personally appeared fen N. Jnatcr, Jr„ known to no to two the Person whrjo name it subscribed to the foretotnq inItrvwont and aeknowlo4tnd to ne that he exn%ted 1 the sans for the purpo.ja and consi'larat t on thnroln evprnjsed, and In the capacity l thcroln ttdtaAt 0 9 .~1VB UVDER M' ILINn AND SCAL OF OFFICi; T1TIS r-'i ';cis ry PuDi lc 01 ton .gtato Of G:xas `Iv Comk4ilnn ^xpt retl 1 Z-1790 - "ter L'k, , , 1. I 11 Ir , tip i 9 pry! r nw• fr,, :V ' :n rsr r>u,r rvn, Fy. arll. rI V} rl I I - I" r,4 At At ry q&q 113 14 0~ Chi ~1Y t I I i I r r 01 I t• t I I~ 1 r ti ' i r ~ 1. ~`ff -.w.•' u..•. '.I-:R.,. _.n'lI r ',1 r 4/ I , N RV ~r urn• 1 • ~ rrr rAl. rl},l} nl.v +fI /!/'/~/1 f , i ; mow,: ' I r M 1 t _ s u.rr. s r l t ~ / ~1 try: ..t r`~° ~ tV C~{rrw".,'1 tiV pV~W/y I tI J~• rI. u! f /rr+r c10. a4ry\~v {V rY ~-A*m 11 f 1 r r r Y C ~7no. I LJ 7,rI I~~ ~ 11 ► .iSClr' ' r 1 ! '^Z'ie I a o y Wr~yrZIN r 1•z y - wur +11W1~~ ~r •r]iwuf J . rrr t ~~FJ :.7@' SG~.GSr _ ~ ~ -z!!r~ Y ~ r.x..x •-r~ ~a _A fn M. r• ! r t • 110 Har - . -r>190 • AM ORDIMANCE AmMING THE CONING MAY 01 THE CITY Of OO 1E;'OMr TEXAS,. A8 SAME MAS ADOPTED AS AN APPENDIX TO THY CORN OP AN D AS SA MAP APPLIES TO APPROX1MATXLY8112.04 ACRES~Of GLAND OUT Or AUSTIN TEE M,E.Pr i P..R.Rr SUHtVEY, ABSTRACT no. 927, TIE X. L. SUR , AND ABSTRACT NO. Y1442 DENTON NCOUNTY# TEXASIAND. Ysx~ SUmY# UTAM PAR'fICOLABI,Y DHSCRIBED HEREINN AND 'JlCU RING AN EYYECTTVE DATE. Mas TUB COUNCIL OIP THE CITY OY DONTON,, TEXAS,. HEREBY ORDAINS1 SECTION_I. The Zoning Classification and Use designation of the following described propecty, to-wits All that certain tract or parcel of land situated in the M.H.P., 4. PrX..R.. Surwy,• Abstract No. 927, Denton County,, Texas, being part of the Second Tract of a deed cony*ad by Jr R. Earle, at ux to Delbect T. Cruse on April 18, 1941, recorded in Volume 2900 Page 1550 Dead Records of said County, and being sore particularly described as follows: B802NNING at the southeast corner of the above described Second Tract in the Center of the Channel of Pecan Creek; THENCE west with the center line of Pecan Creek the following 5 south es78050.'2a;) wants 2012(L" 47,69 r lento ( 3) wnorth7193to t, (2) 384.79 feet, ( 1) south 84037' west 299.1 feet and8() sowest uth 71017' west 311.7 feet to the east right of way of Loop 288 THENCE north 1015' asst with said east right of way 370,3 feet to a right of way posts THENCE north 1037' west 200.2 feet to a right of way posts THENCE north 1015' east with said east right of way 1530.0 feet to a right of way poste THENCE north 53034' east with said right of way 56,0 feet to a right of way post on the south line of East Moxinney.8treetN THENCE south 65025' east with said McKinney right of way 80.9 feet to a right of way post THENCE south 61057' east with said McKinney right of way 304.0 feet to a right of way post THENCE south 62030' east with said right of way 56.0 !ht to a fence corners THENCE south 22041110" west 194.49 feet to a fence oornert THENCE south 62046040" east with a fence 467.5 feet to a fence Cornea THENCE north 29000140" east with a fence 191.0 feet to a fence corner on the south right of way of McKinney street; THENCE south 61059' east with said McKinney Street right of way 458.6 feet to a right of way post! 2+1540/YRED Hr DEAL-PAGE ONE aY MUCH Southeasterly with said Mctinney.Street right of way and, with a 3.6110 to the left 125.4 feet to a ten" corner; THENCE south 104SO vest with a fence 1310.0 feet to the place of beginning, and containing-in all 52.351 acres of land. • All that certain tract or Parcel of land situated in the N. L.. Austin Surveys, Abstract No. 4, and the 9, :oacham Survey, firstaTract .ftmoci►bed tao a dCoUn sedtyopaveend red sing part of a to Delbert T. Cruse on April i+, 19/1, y re* by O )r Jde.. d l., in Vol E_uu at nx Page iSS, and ble 290, part of a tract conveyed by C.. a. Wallace, at ux to Deb Cruse on July 12, 19114, ce*rded in Volume 306, Page 482, Deed Records of Denton County, - Texas, and being more particularly deacribed as followsi BEOINWIWO at a fence corner on the south right of way of Nast NcXinney Road also being the northwest corner of the above described Wallace to Cruse tracts TURCO south 84020' eaat with said right of way 486.0 feet to a cornea TUNCX south 66031120" east 213.46 feet to a oorner at the intersection of East NaXinney and Loop 281; TRUCE south 1013, vast with the west right of way of Loop 288 a distance of 1573.0 feet to a right of way poatj THENCE south 9047' west with said right of way 230.2 feet to a right of way post; THENCE south 1015' west with said right of way 393.7 feet to a corner in the center of the Channel of Pecan Creek; THENCE westerly with the center of Pecan Creek the following courses and distances; (1) south 84041' west 399.05 feet, (2) south 74040.' vast 192.9 test, (3) south 600560 west 39].2 feet, (4) north 45001' west 304.8] THENCE north 83057' west with a fence 510.0 feet to a fence corner; THENCE north 1058' *sat along and with a fence 992.0 feet to a fence corner on the south line of said Yoacham Surveyj THENCE north 89054' east with a fence 97541 feet to a fence corner] THENCE 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 Classification Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas subject to the following conditions and restrictions and Site plan attached hereto to-wits 1..Land uses within the planned development axe restricted to the uses specifically designated an the general concept lanj specific site plan withinathe designated landbus* areaijlopment occurs 2-1540/rato H. SEAL-PAGE TWO 2. Speoitie development proposals shall confors to City of Denton requirements regarding :oninq sae clasrlfications , subdivision regulations, building codes and any other codes related to ievelopmentt 3. ommo!!y in multi-family areas shall be limited to 22 units per morel 4. Density in single-family attached areas shall be limited to 10 units per acres 5. Residential streets in accordance with City of Denton standards ahail be provided for internal circulation. 6. A living acreen or a six (6) toot masonry wall must be erected between the 10,18 acre retail area at the southwest corner of Loop 280 an4 East areas begs ning tats istsouthern1eboundary hen the general retail area is developed) 7. Adequate screening consisting of a living screen or a Six (6) foot solid masonry wall shall be scooted along any property line where general retail abuts low density single family residential housing when the general retail area is developed) 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 withost amendment of the planned development (PD) ordinances 9. rf the development plonS are not roali:ed within live (6) years so that actual development includes some residential and is not limitd to general retail, the planned development will be re-evaluated and considered a candidate for possible back-toning to a smaller site venter. The Zoning Map of the City of Denton, Texas, adopted the 14th ofythe of January, 1969, City Of DGnton, aTexas ~ der 0 dinathe nce code 69-1rdef and the same to hereby amended to show such ohange in District Classification and Use. sicTroN Ir. 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 tot the character of the district and for its peculiar suitability or particular ussa, and with a view to conserving the value of the buildings, protecting human lives, and ancours4img the most appropriate uses oZ land for the maximum benefit to the City of Denton, Texas, and its eltltens. 9 om"LLU That this ordinance shall be In full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning 2-1540/FRU R, DIAL-PADS THROE Comission and the City Council of the City of Denton, Tezrs, after giving due notice thereof. PASSED AND APPROVED this the LL:.-day of October, 1982. • CIC RV 0. N MAYO !'EXAM ATTEBTt C ALL , CITY SEC RY CITY or DENTON, TEXAS APPROVED AS To LEGAL rORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY Or DENTON, TEXAS PYs 1 2-1340/"ZD R. DEAL-PAGE FOUR 4 ;;f SIR PLAN - z-tr)4o 7.1E In MILE Y EOUITIt9 GENtRAI. RE ML 4~~4N 01-ITRICT GENERAI,•. fy'YI 511E PLAN LAND I1SC RETAIL I,It, ,.~7:::.•t: tame ~ Y .l ne e0. BtRIC1 .t wr~"e►talUar te.7tr •ri lurl ai [A "14 C. .cw s N 6"4 . .:...,r,. Q 1 SP.tt Ip•rt -t Ire ' 0 CAI 1 ~a 1 ~ r,u u911 ~.,•t.l rn, l .(n •v+r r. 5 1,b 4,9? so. 10 t11 ut.ee .uts 1.11 fle. 1. . MUL11~iAMfIY 7r% W"~ ~ u .n.rnnlsM.l. .a.,..y SIN,;!( IIED Y A 'E DWELLING bISIN10T f'AU1.TI-FAI,*.Y r1A y° b DWELLINGMiJMCI DWEI .'No DISTRICT 10.0 to-is MIS ac :i 5lNGLC f AMII_Y DE I ACID 0 MUL-, Y AMIL IIWCLLINObfS1IIMr J OMKLL ML4P ISIMO 1 Ma M 10,?6 r,0, t 1 ' MtN.f -fAM1lY + 1.11 te, rt x DWtltI IG DISrPICI r .R, erO51D tIN tIf I(M tIM1i 1 - 1 M1rl4uy SINGLE iAMX, 3.68 "1 DE T AC1K bWC L Lk10 DI C• r RIC T : 100 • n & Aft neo►a, ter, er 6.80 eo. t0.66 tee, 10.34 se, an.. Ira/ .1. 1 ur..ul • r DATRo 05/06/85 CI COVKCIL UM FDMAT TO: Mayor and Members of the City Council OC J~ PROMt Lloyd Harrell, City Manager SVWICT : 2-1794 R92 MNDATION: The City Council held a public hearing on April 15, 1986 and recommended that an ordinance be prepared. The property is located on Hickory Creek Road in a low intensity area. The proposal is consistent with Development Guide policies. BACKGROUND: The property was annexed April 81 1986 by the City Council. PROORAMS. DBP&MM OR GROUPS AMMM No department or proCrame are affected. FISCAL IMPACT: No impact on the general fund. Reap otfull ubmitted: a '1 4,1) Lloyd well , . Prepared by: city Manager ,a~•ti Ceoil* Carson Urban Planner *kws'-~ Jeff Msy Director of Planning and Development 0149k 1414E NO, CE AMEND ASr SORDI AMENWAS ADOPTEDGASHANZONING APPEND X TO THE CODE OF ORDINANCES TEXAS, THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 74.9 ACRES OF LAND LOCATED AT THE NORTH- WEST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE,GEASINISZONMOINGRE PARTICULARLY DESCRIABD HEREIN; TO PROVIDE POA A CHAN C LASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE CATION SAND IGNAUSETIONDs GNATION;D PROVIDIINGEFORI'ADPENALTY IIN A LMAXIMUM AMOUNT OF $10000.00 FOR VIOLATIONS THEREON; 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 the r,.ai 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 Development 11PD11 District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the "development concept" site plan, attached hereto as Exhibit B and incorporated herein by reference, Is approved as a preliminary site plan for the district, Any compprehensive site plan, required to be submitted herein uhall not be Inconsistent with the development concept site plan. Any amended concept plan submitted for approval shall show Y,id include the whole district. SECTION III. That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. Prior to the beginning of any development or construction within the district, or of any parcel of land or phase thereof, or the issuance of cny building permits therefore, a detailed comprehensive site plan for the parcel of land for which develop- ment is proposed, whether one or more, shall be submitted for oapprotheval In accordance with of ordinances and the provisions of ofpthisiordinance. The comprehensive site plans required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community Development and shall show or contain Information as to all proposed land uses, development standards and regu- lations to be applicable therein, including, but not limited to, the location of all buildings and structures, streets, parking and loading areas, recreation, open spaces, and park areas, major uttlities and drainage facilities; the maximum height of all ngsoand lot c overacesr and dimensions of se backs; building lots; athe nd screening areas ano deviceal the location, size, and types of detached signs and the regulations to be applied to all signs; and such othbr information as may be required by the department. 2, A general development plan as specified in Appendix A of the Code of Ordinances, shall be submitted for the first parcel of land or phase to be developed or platted. The plan shall include an exact description of all infrastructure improvements • necessary to serve the parcel of land or phase proposed for development. The plan shall specify the phases in which all parcels of land within the district are proposed to be developed. S. With each comprehensive site plan submitted for approval, a tree preservation plan shall also be submitted. The plan shall show all existing tree:, over three inches in diameter, measured six feet from ground level; which of those trees required to be shown, will be removed as a result of development; and the location, size, and typs of trees that will be substituted for any existing trees that are proposed to be removed, or will be planted in addition thereto. 4. With each comprehensive site plan submitted for approval for Parcel C, D or E, a landscaping plan shall be submitted showin at least twenty percent of the total area of the tract, exclusive of areas for street rights-of-way, to be permanently used and msintaisied as common areas for plants, shrubs, grasses or other landscape features. S. All development contracts required to be executed in accordance with Appendix A of the Code of Ordinances for the development of any parcel of land shall provide for the construction of sidewalks, r4eetinss City specifications, along the southern and western sides of all public streets to be constructed or improved within or adjacent to the district. and shall be developed and In accordance with, family (SP-7) zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances, except that the maximum lot area shall be 6,000 square feet, 7, Parcel E shall be developed and used in accordance with, and be governed by, the regulations applicable to Multi-family (MP-1) zoning districts as provided for in Appendix B-Zoning of the Code of Ordinances. and Parcel C applicable accordance to office with, the regulations and zonin districts as provided for in Appendix B-Zoning of the Code of Ordinances. and be governed by, the eregulations applicablento cGeneraaleRetail (GA) toning districts as provided for in Appendix B-Zoning of the Code of Ordinances; provided however that the following additional uses shall be permitted uses therein; new or used car sales (open), second hand store, used furniture or rummage sale, cabinet and upholstery shop, scientific or research laboratories, storage or sales warehouses, wholesale office and sample room, and roller or ice skating rink. 10. No parkin lots or areas shall be permitted in any required setback, except for private driveways built for Parcel A. 11. The comprehensive site plans for Parcels C, D and E must have a design for internal traffic circulation providing a 'nimum 80 foot vehicular stacking zone or area, to which no roads or parking areas shall be connected. 2-1794/PAGE 1 J! 1 12. The Street right-of-way for the proposed street extending from FM 2181 through Parcel C shall be 64 foot in width. 13. The deceleration lane along FM 2181 fronting Parcel C shall be built in conjunction with the development of Parcel C, in accordance with City standards, The engineering plans for the deceleration lane must be submitted for approval with the required platting of Parcel C. 14. One detached sign shall be permitted in Parcel D, which shall conform to City regulations and be shown or, the required comprehensive site plan. All other detached signs in the district shall be shown on the applicable comprehensive site plan and shall conform to City regl;lations as p,rovided for in Appendix B-Zoning of the Code of Ordinances. j SECTION IV. That the approval of the district as provided for herein shall not, and is not intended to, be deemed approval of any particular land use in such district, but shall be construed only to mean that those proposed land uses, as provided for herein. may be considered os possible appropriate uses for the district E at the time the comprehensive site plan in submitted therefore, the approval thereof being based upon relevant factors which may include, but not be limited to; the time elapsed from the i effective date of this ordinance to the date the comprehensive site plan for the district is submitted; the number of proposed buildings or dwelling units and proposed uses; the arrangement and design of the buildings, streets, parking areas, utilities and other development features; and the proposed regulations to be applied to the district. SECTION V. That the development of the property shall be in substantial compliance with the final comprehensive site plan hereafter approve4 and made a part hereof for all purposes and the regula- tions, conditions, and provisions herein contained. 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. 69-10 as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION V1. 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 f6r its peculiar suitability or particular uses, and with a view to conserving the t value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the mtximu■ benefit to the City of Denton, Texas, and its citizens. SECTION V1I. Any person who shall violate a provision of this ordinance, or falls to comply therewith or with env 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 3 Z-1794/PAGE 3 +i~ 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 N V11_, yy from T the date oof 1 Its c passage,become and ethe f City y Secretary is 4heraby directed to cause the caption of this ordinance to be published twice City ofe DeDnto iitonp Texas, within lien the days a of newspaper pdate of its passage. PASSED AND APPROVED this the day of , 1966. MATUX CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,OTEXAS APPROVED AS TO UjAL FORM t DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY:-- Z-1704/PAGE 4 EXHIBIT "A" • All that certain tract or parcel of land situated in the Eft Pickett Survey, Abstract 1018, Denton County, Texas, and being all of a certain (called) 46,17 acre tract described in a doe! from C.E, Bounds to D.L. Causey, at ux, on April 2U, 1978, and recorded in Volume 8881 Page 215, Deed Records, and part of a tract described In a deed from J.L. Madewell to D.L. Caussy at ux on February 14, 19780 and recorded in Yoiuae 47S, Page S96, Dead Records of Denton County, and being more particularly described as follows: BEGINNING at a corner on the South boundary line of, said Pickett Survey in an East-west public road on the West right-of - way of F.M. Road 2181 and at the Southeast corner of said 46,17 acre tract; THENCE N. 870 401 43" W. with the center of said public road and with the South line of said Survey 1417.50 feet to a corner; THENCE N. 60 461 2S" H. along and near a fence x96.80 feet to a steel pin; THENCE S. 860 13' 06" E, along and near a fence 1UO.98 feet to a steel pin; THENCL N, 30 45' 58" E. along and near a fence 722.66 fort to a steel pin; THENCE N. 840 13' 2711 W, with a fence 25.44 feet to a steel pin; THENCE S. $SO 461 331, W. with a fence 1181.27 feet to a steel pin; THENCE N, 10 15' 29" E. along and near a fence 57v.93 feet to a steel pin; THENCE N, 890 41, E. 2381.69 feet to a steel pin on the West right-of way of said P,M, Road; THENCE S. 00 04' 26" W. with the West right-of-way of said F.M. Road 1116.58 feet to a right-of-way post; THENCE S. 10 O1' 40" W. with the West right-of-way of said F.M, Road 955,OS fmot to she place of beginning, containing in all 74.930 acres of land. 2r 1794 EXHIBIT E I I I I I r~ I I I I _ I I i I ORVELOPMUNT OONCIEPT p,t*J.rur CN a aPAAALMN v, zipr x MUM Z-1794 R _ '~i n Sr4 . F V~ F 1, s r F '"pS 4 4 CITY COUNCIL AGENDA ITEM . 4 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Change Order N1, McKenna Park Booster Pump Station, Bid #944S. RECOMMENDATION The Public Utilities Board, at their meeting of April 22, 19860 recommended to the City Council approval of the change order #1 in the amount of $150154.62 to W. F. Harrison Construction, Arlington, Texas, and recommend approval to revise the contract amount of $2981,166.40 to $313,321.02. MMAR Y The construction of McKenna Park booster pump station to boost pressure to northwest part, of town is in progress, with construction completion scheduled May 1986. When the pump becomes operational, the distribution system for the northwest will be isolated from the rest of town into two different pressure planes. As per the original design by Hogan 8 Rasor engineers, in the event of pump/power failure, it becomes necessary for the maintenance crew to physically open certain number of isolation valves to provide water to northwest part of town. This might result in a down-time of approximately two (2) hours for the northwest customers. During the course of construction, the stsEf has determined that by installing a 12" bypass line to the pump station, with an automatic check valve, will reduce the downtime to practically zero. This request is for the approval of the change order to accomplish this change. In addition, the change order includes deletion of one fire hydrant, 1 gate valve and related tie-ins as shown in the attachment, at a cost saving of $2,00S.50. These items have been accomplished in-house, 2.47 yards of extra concrete at $988 has been included to raise the altitude vault by two (2) feet to meet field condition. The change order requested is as follows: 427OU:9 16. ~4 x qT` 4 f i ti 4 1 1,;•;d'r it 4 4. 4 44 ,if, ~ ✓ ~ i .'4. w. ~ C, I •~a--f;.q+.F' a.'c ar+ami+a.. . R oxtg#"f cutittsct $mount 198,166.10 Reduction due to deletion of 1-FH1 1•GV and etc. 2,OOS.SO Addition due to 12" bypass 16,272.12 Addition due to 2.47 yard extra concrete 988.00 Revised contract amount $313,321.02 Original contract completion May 11, 1986 Revised contract completion may 289 1986 BACKGROUND The Council awarded the contract October 3, 1985, to the lowest bidder W. F. Harrison Construction. The work is progressJag satisfactorily. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton, Denton Municipal Utilities, contractor, Legal Department, and citizens. FISCAL IMPACT FY 85 budgeted amount $300,000.00 Original contract awarded ?980166.40 Revised contract amount 313.321.02 (this goal) Source of funds: Water Bond 623-008-0460-9101 Prepared by: Resp ctfully bmitted• o arr I Y e ger Srini Sundaramoorthy Civil Engineer Appr vedy: Nelson Director of Utilities Exhibit I - Change Order 01 Drawings II - Change Order 81 $ Attachments III - Minutes PUB Meeting of 4/22/86 IV - Ordinance 42700:10 ,s•.4. t4S4L NO. AN ORDINANCE APPROVING A CHANGE ORDER IN THE A14OUNT OF FIFTEEN ' THOUSAND ONE HUNDRED FIFTY-FOUR DOLLARS AND SIXTY-TWO CENTS ($15,154,62) FOR A CONTRACT WITH W. F. HARRISON CONSTRUCTION COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton and W. F, Harrison Construction Company entered into a contract on October 3, 1985, in the amount of Two Hundred Ninety-eight Thousand One Hundred Sixty-six Dollars and Forty Cents ($298,166.40) for public works; and WHEREAS, the City and Contractor mutually agree to revise said contract to provide for changes and additions in such contract work; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the "Change on Extra Work Order", attached hereto, in the amount of Fifteen Thousand One Hundred Fifty-four Dollars and Sixty-two Cents ($15,I54,62), is hereby approved in accordance with the terms thereof, so that the contract for public works, between the City of Denton and W. F. Harrison Construction Company dated on or about October 3, 1985, is revised to Increase the contract amount from Two Hundred Ninety-eight Thousand One Hundred Sixty-six Dollars and Forty cents ($298,166.40) to Three Hundred Thirteen Thousand Three Hundred Twenty-one Dollars and Two rents ($313,321.02). SECTION II, That this ordinance shall become effective immediately, upon Its passage and approval. PASSED AND APPROVED this the day of May, 1986. RAY STEPHENSI A 0 CITY OF DENTON* TEXAS ATTEST: CHKKLOTTE ALLEN CITY SRRBTAKY CITY OF DENTON,jTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY, C„~;"-~~ rnr~~~ IMF 7' r M wN t I I 11r ~ t 1 Ile op W AO a ` on& M mw s r \ ` I ~ . MIIIII/ /YNr + / r~rw 1 ~ w.-----✓41 .r. r rr r. N.r OIbMO r ~ r Ir w" am 1 n. 1*' 0 MMMtMMNIMdI M ~ 1 - Mam "M WA $011 t C Itllt: IM • t I 1 A + CHANGL ORCOA12 Pella ♦ 4wws M~~ciu~Ua P";6 acesi I Pt/m0 S"until . t II~MWrrrr+rY~rw.ri rr ri~w C&Y OF DENTON DEPARTMENT Of WATER AND WASTE WATER e111 E XT" WORK 6812KI PROJECT: Mckenna Park High Service Pulp Station CONTRACT: Bid #9445 Contract dated 3-10-85 OWNER: City of Denton CONTRACTOR: W. F. Harrison Construction, Arlington, TX CHANGE ORDER: #1 DATE: 4-14-86 Cw~~eE er IY*iA WARK Te ■o IPEREA M r► C.Q. #1 Reduction items 1,2,3, per attachment 21005.50 C.0. #1 Addition item 4 2.47 cuyd concrete + 988,00 C.O. #1 Addition item 5, 12" by passline + 16,172.12 (See attachment) Net increase C.O. #1 $ 15,154.62 PREVIOUS CONTRACT AMOUNT: $298,166.40 NET (INCREASE) IN CONTRACT AMOUNT: +15,154.62 REVISED CONTRACT AMOUNT: " • 3139321 .02 REVISED CONTRACT TWI Of COMPLETION: May 111 1986 (original) May 28, 1986 (C.O. #1 Revised) AEOOMMN1OE0 EY T1+~m~..~.....rr•~+~rr~w ASST..DIR. QF UTIUTI1111 D:R. OF UTN.IT116 ~COMTM ACTOR pg0004/ cow a# C.O, N1 Mekenno Park Nigh Service Pump Station Did P 9445 1. Delete Item S, Qty 1 std fire hydrant •9 1,192.00 2. Delete item 40 Qty it 6" Gate valve - 260.00 3. Reduce item 9, Qty 1, tie in by 50% • 553.50 of 9 1,107.00 Total Reduction item 1,20 2#005,50 50 4. Add 2.47 cyd of extra concrete 0 6400/yd. to raise vault by 2 feet to meet field condition + 988.00 5. Add work as shown in c.o. N1 Drawing- 12" by pass line-i as listed below + 16,172.12 Materialst 1-12"x 20" reducer $ 1,200.00 4-12" Dolt set 76,00 2-12" G•V !19 1,102,00 2-12" 450 Bend 312,00 2-12" Uniflg 300,00 1-12" Solid Sleeve 150,00 1-12"x 16" Tee (NJ x r1q) 550,00 16" Solid Sleeve 413,00 DIP 12" pipe as necessary 400,00 Concrete/sand/poly wrap 200.00 Check valve vault 8,544,00 ,J-12" G-V Elq. on section line 801.00 Total material 914,048,00 Labor 4 Squir"nt 1,000,00 Overhead 535.20 Profit 588,92 Total item 5, 0.0. A1. $16,172.12 Total additional amount items 4 i 5 9170160.12 Orignal contract completion time May 11, 1986. Revised contract Completion time May 28, 1986. 7 Tr , EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD April 22, 1986 8. CONSIDER CHANGE ORDER N1 MCXENNA PART( BOOSTER PUMP ST IO , BID 94450 Has explained that the Staff recommends approval of the change order /1 in the amount of $15,154.62 to W, F. Harrison Construction, Arlington, Texas, and recommends approval to revise the contract amount of $298,166.40 to $3130321.02. The construction of McKenna Park booster pump station to boost pressure to northwest port of town is in progress, with construction completion scheduled May 1986. When the pump becomes operational, the distribution system for the northwest will be isolated fror, the rest of town into two different ppressure planes. r~ per the original design by Hogan 4 Rasor engineers, in the event of pump power failure, it becomes necessary for the maintenance crew to physically open certain nimber of isolation valves to provide water to northwest part of town, This might result in a crown-time of approximately two (2) hours for the northwest customers, During the course of construction, the staff has determined that by installing a 12" bypass line to the rump station, with an automatic check valve, will reduce the downtime to practically zero. This request is for the approval of the change order to accomplish this change. In addition, the change order includes deletion of one fire hydrant, 1 gate valve and related tie-ins as shown in the attachment, at a cost saving of $2,OOS.SU. These items have been accomplished in-house, 2.47 yards of extra concrete at $988 has been included to raise the altitude vault by two (2) feet to meet field condition. The change order requested is as follows: Original contract amount $298,166.40 Reductiorn due to deletion of 1-PH, 1-GV and etc. 20005.50 Addition due to 12" bypass 16,172,12 Addition due to 2.47 yard extra concrete 988,00 Revised contract amount $313,321,02 Original contract completion May 11, 1986 Revised contract completion May 28, 1986 The Council awarded the contract October 3, 1985, to the lowest bidder W. F, Harrison Construction. The work is progressing satisfactorily, Coomes motion to approve the subject change order. Second by Boyd. All ayes, no nays, motion carried unanimously.` WAOTWNT OF WATER AND WASYE WAYER CM,MAI[ 6!1 ■aYTM INAA AADtA Mckenna Park High Service pump Station CONTRACT: Bid 59445 Contract dated 3-10-85 OWNER: City of Denton CONTRACTOR: W. F. Harrison Construction, Arlington, TX CHANGE ORDER: #1 DATE: 4-14-86 tYTl~ WART TA L 1,>Z~tA~~aww C.O. #1 Reduction items 1,2,3, per attachment 21005.50 C.O. #1 Addition item 4 2,47 cuyd concrete + 988,00 C.O. #1 Addition item 5, 12" by passline +_16,172.12 (See attachment) Net increase C.O. #1 $ 151154.62 PMVNM CONTRACT AMOUNT: $298,166,40 NET (INCREASE) IN CONTRACT AMOUNT: +15,134.62 REVISED CONTRACT AMOUNT: 313, 321.02 REVISED CONTRACT TIME OF COMftITION: May 111 1986 (original) May 28, 1986 (C.O. #1 Revised) IIlOOAMN~INN SV AtIY.,Do- R V"Llm p DIR. Of UtILIYIEi Ap"Mo my: ow~+a 1~a% cow 40 C.0, 01 Mckenna Park High Service PUMP Station Bid N 9445 1. Delete item 5? Qty 1 std lire hydrant 1,192.00 2. Delete item 40 Qty 10 6" Gate valve - 260.00 3. Reduce item 90 Qty 1, tie in by 50% - 553.50 of $ 1,107.00 Total Reduction item 1,203 20Op5,50 4. Add 2.47 cyd of extra concrete 0 $400/yd. to raise vault by 2 feet to meet field condition + 988.00 5. Add work as shown in c.o. $1 Drawing- 12" by pass line-& as listed below + 16,172.12 n~ Materisla r -1 1-12"x 20" reducer $ 1,200.00 4-12" Bolt set 76.00 2-12" G-V Flg 11102.00 2-12" 450 Bend 312.00 2-12" Uniflq 300.00 1-12" Solid Sleeve 150.00 1-12"x 16" Tee (MJ x Flg) 550.00 16" Solid Sleeve 413.00 DIP 12" pipe as necessary 400.00 Concrete/sand/poly wrap 200.00 Check valve vault 8,544.00 4j-12" G-V Flq, on section line 801.00 Total Material $14,048.00 Labor & Equipment 10000.00 Overhead 535.20 Profit 588.92 Total item 5, c.o. 01 $16,172.12 Total additional amount items 4 & 5 $17,160.12 orignal contract completion time May il, 1986. Revised contract Completion time May 29, 1986.