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HomeMy WebLinkAbout04-01-1986 i I i f i r f ' r~.MCO ~vEmpire Microfilm Company Dallas, Texas 214-243.6173 r AGENDA PACKET CITY COUNCIL 04/01/86 I ~ r r._.:.._ M. _.v......__ F f f ti AGENDA CITY OF DENTON CITY COUNCIL April 1, 1986 Work Session of the City of Denton City Council on Tuesday, April 1, 1986, at 5:30 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 P.M. 1. Discussion of zoning and land`use in area bounded by Sam Bass Road on the west, State School Road on the east, Dallas Drive on the north, and Londonderry Lane on the south. 2. Discussion of 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 fees south of Burger Road; for the purpose of determining whether to begin the annexation process. 3. 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 18300 " for the purpose of determining whether to begin the ha, annexation process. 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. ' B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, April 1, 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. 1. Consider approval of the Minutes of the Regular Meeting of January 7, 1986 and the Special Called Meeting of January 14, 1986. ~ T. w City of Denton City Council Agenda April 1, 1986 Page Two 2. Consent Agenda: r j Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to ` implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items S.A and 5.B). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids: 11 Bid # 9568 - Overhead distribution con- struction 2. Bid # 9592 - 1986 C.I.P. utilities Section G 3. Bid # 9595 - Streetlights 40 Aid Y 9597 - Paige Road, substation concrete foundation 5. Bid N 9598 - Wire and cable B. Plats and Replats: 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.) 31 Approval of preliminary replat of the Interstate highway 35W Addition, Lots IR 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.) w.r! City of Denton City Council Agenda April 1, 1986 Page Three C. Change orders: 1. Approve change order for Overlay Program 198S-20 Bid 0 9539, to Jagoe Public Compan;• in the amount of $125,550. 2. Approve change order, Bid M 93830 to CAD Associates in the amount of $13,665.00 D. Final Payments: f• 1. Approve final payment for water line oversize participation, Allen Estaces Mobile Home Park, Holigan Development Corporation in the amount of $10,OSO.17. (The Public Utilities Board recommends approval.) 2. Approve final payment for raw water pump installation, Bid i 9405, to Onyx Con- struction in the amount of $6,192.00. (The Public Utilities Board recommends approval.) 3. Consider 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. 4. Public Hearings: A. S-189. Petition of Denton County Historical Ffuseum, Inc., represented by Yvonne Jenkins, Director, requesting approval of a specific use 1 permit in a single family (SF-7) zoning f 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 1:. Puchalski Survey, Abstract 996. If approved, the specific use ermit would allow the Denton County Historical Museum to be located on the property. (The Planning and Zoning Commission recommends approval.) B. Z-1789. Petition of Stephen Des Jardins of the am s- M. Brown Company, representing Denton 239 Tenancy in Common, requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 239.17 acre tract located west of Bonnie Brae Street, east of Westgate Drive, north of Payne Drive, and south of U.S. Highway 77. 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; r City of Denton City Council Ageada April 1, 1986 Page Four Parcel A - Commercial, 41,93 acres arce - Office, 20.24 acres Parcel - Office, 24.70 acres Parcel D - 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 units per acre • Parcel G Single Family, 42 units on minimum 16,000 I square foot lots on 19.31 acres with a density of 2.18 units per acre Parcel H - Zero Lot Line, 144 units on 23.42 acres with a density of 6.15 units per acre Parcel I - Single Family, 159 units on minimum 7,000 square foot lots on 38.97 acres with a density of 4.25 units per acre Parcel J - Community Facilities Site, 14 acres (The Planning and Zoning Commission recommends I approval.) I` 1. Consider adoption of an ordinance approving f a change in zoning 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. C. Z-1792. Petition of Metroplex Engineering orporation, 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. B, 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 acres of retail/office/showroom 7.7 acres of office/warehouse 1.0 acre of detention area 2.2 acres of street dedication (The Planning and Zoning Commission recommends .,wr approval.) i ~ i i City of Denton City Council Agenda April 1, 1986 Page Five E 1. Consider adoption of an ordinance amending r an existing planned development (PD-961 located at the northwest corner of Audra Lane and Loop 288. D. Z-1795. Potition of Jack Vaughn requesting a cage in zoning from the single family (SF-7) district to the multi-family (MF-1) classificati.o,.i on a tract located at 1111 Fannin F Street, The tract is further described as Lot 2 and part of Lot 1, Block 3, of the W. i. Wattam Addition, If the request is approved, the property may be utilized for any purpose permittad in the multi-family (MF-1) district by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends denial.) E. Hold a public hearing concerning the request of Bellaire West Partners for annexation of approximately 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 Planning and Zoning Commission recommends approval.) F. Hold a public hearing concerning the proposed annexation of approximately 226.70 acres being part of the J. Ayers Survey, Abstract 2; W. Burleson Survey, Abstract 93; J, Burleson Survey, Abstract 91; S.M. Williams Survey, Abstract 1282; J. Carter Survey, Abstract 237; W. Pogue Survey, Abstract 1013; and the F. Jaime Survey, Abstract II 664, and beginning east of I-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) S. 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 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. i City of Denton City Council Agenda April 1, 1986 Page Six D. Consider adoption of an ordinance approving an agreement between the City of Denton and North Texas State Fair Association relative to promo- tional advertising and solicitation services to be performed by the association on behalf of the city. E. Coasi.der adoption of an ordinance designating cur%ain retail establishments, public buildings, and food establishments as nonsmoking areas; ` providing sign requirements; providing minimum E star.dards for nonsmoking areas; requiring written pol'.cies implementing this article; prohibiting smoking in designated nonsmoking areas; providing exemptions and penalties. F. Consider adoption of an ordinance increasing the number of persons authorized to be employed in the classified position of Sergeant in the Denton t Police Department of the City of Denton, Texas, from six to eight; repealing all ordinances and i resolutions in conflict herewith. G. Consider adoption of an ordinance appointing William Riggs Company as the broker of record for _`N the City of Denton for certain excess insurance coverages and approving *he payment for excess insurance coverage for the Power Plant. H. Consider adoption of an ordinance authorizing the Mayor to execute a quitclaim deed to Short Family Partnership to cure an alleged defect in title. I. Consider adoption of an ordinance setting a date, time and place for public hearings 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 1 1/4 miles east of FM 426. (A-35) J. Consider 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) K. Consider adoption of an ordinance restricting the f parking of vehicles on the east side of Cedar . City of Denton City Council. Agenda April 1 1986 Page Seven Street from its intersection with Pecan Street to its intersection with McKinney Street for employee parking only; providing a severability clause; and providing a penalty not to exceed two 1 hundred dollars. (The Citizens Traffic Safety ` Support Commission recommends approval.) L. Consider adoption of an ordinance approving the 1 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 (ZZ1approximately 2,200 feet south of Robinson Road. 6. Resolutions: A. Consider ohprovil of a resolution regarding protection f pater supply reservoirs. (The Public Utilz.i.a,3 board recommends approval.) B. Consider app~c,iral of a resolution approving a joint study with Denton County water suppliers - I ater for the Future Committee of Denton County. The Public Utilities Board recommends approval.) C. Consider approval of a resolution in support of the preliminary County Wide Transportation Plan for Denton Count), D. Consider approval of a resolution temporarily closing the 109 block of North Elm Street, the 100 block of lest Oak Street, the 100 block of North Locust street and the 100 block of West Hickory Stree+: on June 21, 1986 for a "County Seat Saturday" Sesquicentennial celebration. E. Consider approval of a resolution temporarily closing Hickory Street from the east side of Bell Avenue to the east side of the railroad tracts on June 21, 1986 and June 22, 1986 for a Sesquicentennial Arts and rafts Fair. F. Consider approval of a resolution to amend the Airport Lease Agreement of Mr. Jay Rodgers and Mr. Bruce Brown. (The Airport Advisory Board recommends approval.) G. Consider approval of a resolution approving a Commercial Operators Airport Lease: Agreement for Fox-51 Limited on the Denton Municipal Airport. EJ (The Airport Advisory Board recommends approval.) City of Denton City Council Agenda April 1, 1986 Page Bight H. Consider approval of a resolution authorizing a r public hearing concerning the construction of proposed improvements at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) ► I. Consider approval of a resolution appointing Assistant City Judges for the Municipal Court of the City of Denton, Texas. J. Consider approval of resolution establishing a deferred compensation plan for employees of the City of Denton, Texas. K. Consider approval of a resolution in support of the City of Denton making application to the Texas Railroad Commission for Denton to be added to the Dallas/Fort Worth Commercial Trade Zone. 7. Ofricial Aztion on Executive Session Items: f A. Legal Matters B. Peal Estate C. Personnel D. Board Appointments 8. Miscellaneous matters from the City Manager. 9. New Business: This item provides a section for Council Members to suggest items for future agendas. 10. Executive Session: A. Le al Matters Under Sec. 2(e), Art. 6252-17 V. .T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel. Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6254,'-17 V, A, T. S. C E R T I r I C A T E I certify that this above notice of meeting was posted on the bulletin boa d at the City Hal), 7t the City of Denton, Texas, on the 7 day of 1986 at o'clock (a.m.) m. d-b a 2109C AGENDA CITY OF DENTON CITY COUNCIL April 1, 1986 Work Session of the City of Denton City Council on Tuesday. April 1, 1986, at 5:30 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be r considered: ` 5:30 p.m. 1. Discussion of zoning and land use in area bounded by Sam Bass Road on the west, State School Road on the east, Dallas Drive on the north, and Londonderry Lane on the south. 2. Discussion of 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 C adjacent and west of Zachary Road, approximately 5,550 feet north of FM '8 and 2,200 feet south of Burger Road, for the purpo a of determining whether to begin the annexation process. 3. 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 18309 for the purpose of determining whether to begin the annexation process. 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art:. 6252-17 V. A. T. S. B. Real Estate Under Sec, 2(fArt. b252-17 V.A.7'.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, April 1, 1986, at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of January 70 1986 and the Special Called Meeting of Januar 14, 1986. r City of Denton City Council Agenda April 1, 1986 Page Two 2. Consent Agenda: Each of these items is recommended by the Staff and r approval thereof will be strictly on the basis of the ( Staff recommendations. Approval of the Consent Agenda autharizes the City Manager or his designee to 4ur,lement each item in accordance with the Staff i re..-mmendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Decailed back-up information is attached to the ordinances (Agenda items S.A and 5.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: i l 1. Bid # 9568 - Overhead distribution con- struction 2. Bid N 9592 - 1986 C.I.P. utilities Section G 3. Bid 0 9595 - Streetlights 4. Bid N 9597 - Paige Road substation concrete foundation F S. Bid # 9598 - Wire and cable B. Plats and Replats: 1. Approval of preliminary plat of the Audra I 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. (Tire 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.) ;t f City of Denton City Council Agenda April 1, 1986 Page Three C. Change Grders: 1. Approvo change order for Overlay grogram 1985-2, Bid N 9539, to Jagoe Public Company in the amount of $125,5;0. 2• Approve change order, Bid N 9383, to CAll Associates in the amount of $13,665.00 D• Final Payments: 1~ Approve final payment for water line oversize participation, A11en Estates i•fobile }fome Park, fioligan Development Corporation in the amount of $10,O50.I7, (The Public Utilities Board recommends approval.) 2• Approve final payment for raw water. pump installation, Bid ~ 9405, to Onyx Con- ; Public1UtilitieseBoa~dnrecommends9a~00~ (The pproval,) 3• Consider approval of a request b solicit Eunds on Alay 10 from 8:00 at~me untiler152:00 noon from various City of Denton street intersections. 4. Public Hearings: A. S-189, Petition of Denton County Historical bTuseum, Inc., represented by Yvonne ,lenkins, Director, requestsin le prfamilof a specific use permit in a g y (SI~-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. (The Planning and Zoning Commission recommends approval,) ~ B• Z-1789, Petition of Stephen Des Jardins of the a.T~-wes- M. Brown Company, representing Denton 239 Tenancy in Common, requesting a change in zoning plann d edeveloumental (A) classification to the acre tract located west) o£1Bonnie Braea Street, east of Westgate Drive, north of Payne Drive, and south of U,S. Highway 77, The property is shown in the Nathan V~ade Survey, Abstract 1407, and the Francis Batson Survey, Abstract 43, The fallowing land uses are proposed for the development; ~ - - - City of Denton City Council Agenda April 1, 1986 Page Four Parcel A - Commercial, 41,93 acres Parcel - Office, 20.24 acres Parcel - Office, 24.70 acres Parcel D - Multi.-Family, 200 units on 11.34 acres with a density of 17.64 units per acre Parcel C - (,Lister 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 units 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 per acre 1 Parcel H - Zero Lot Line, 144 units on 23.42 acres with a density of 6.15 units per acre Parcel I - Single Family, 159 units on minimum 7,000 ` square foot lots on 38.97 acres with a density of 4.25 units per acre Parcel J - Community Facilities Site, 14 acres (The Planning and Zoning Commission recommends approval.) I. Consider adoption of ati ordinance approving a change in zoning on a 239.17 acre tract located west of Bonnie Brae Street, east of i Westgate Drive, north of Payne Drive, and south of U.S. Highway 77. C. Z-1792. 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 r tract in the R. B. Longbottom Survey, Abstract I 775. If approved, the amendment to the planned ` development will permit the follcwinZ 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 acres of retail/office/showroom 7.7 acres of office/warehouse 1.0 acre of detention area 2.2 acres of street dedication (The Planning and Zoning Commission recommends approval.) I City of Denton City Council Agenda April 1, 1986 Page Five 1. Consider adoption of an ordinance amending an existing planned development (PD-965 located at the northwest corner of Audra Lane and Loop 288. D. Z-1785. Petition of Jack Vaughn requesting a change in zoning from the single family (SF-7) ` district to the multi-family (MF-1) fC classification on a tract located at 1111 Fannin Street. The tract is further described as Lot 2 I and part of Lot 1, Block 3, 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 Planning and Zoning Commission recommends denial,) E. Hold a public hearing concerning the request of Bellaire West Partners for annexation of approximately 103,2 acres beginning adjacent and north of Jim Chr.istal Road, south of U.S. Highway 380 Wests approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road. (A-34) (The Planning and Zoning Commission recommends approval.) F. Hold a public hearing concerning the proposed annexation of approximately 226.70 acres being part of the J. Ayers Survey, Abstract 2; W. Burleson Survey, Abstract 93; J. Burleson Survey, Abstract 91; S.M. Williams Survey, Abstract 1282; J. Carter Survey, Abstract 237; 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 pp cximately 2,500 feet west of FM 2164, (A-40) 5• 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 amending i Section 23-2 la) 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 An the City of Denton, Texas. City of Denton City Council Agenda i April 1, 1986 F Page Six D, Consider adoption of an ordinance approving an agreement between the City of Denton and North Texas State Fair Association relative to promo- tional advertising and solicitation services to be performed by the association on behalf of the city. E. Consider adoption of an ordinance designating 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 F exemptions and penalties. F. Consider 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 all ordinances and resolutions in conflict herewith. G. Consider adoption of an ordinance appointing William Riggs Company as the broker of record for I the City of Denton for certain excess insurance coverages and approving the payment for excess insurance coverage for the Power Plant. H. Consider adoption of an ordinance authorizing the 4 Mayor to execute a quitclaim deed to Short Family Partnership to cure an alleged defect in title. 1. Consider adoption of an ordinance setting a date, time and place for public hearings 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 4179 and the Gideon Walker Survey, Abstract 1330, and beginning approximately 1 1/4 miles east of FM 426. (A-35) J. Consider 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 1-35E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham ,Survey, Abstract 330. (A-38) K. Consider adoption of an ordinance restricting the parking of vehicles on the east side of Cedar City of Denton City Council Agenda April 1, 1986 Page Seven Street from its intersection with Pecan Street to its intersection with McKinney Street for employee parking only; providing a severability clause; and providing a penalty not to exceed two hundred dollars. (The Citizens Traffic Safety I Support Commission recommends approval.) L. Consider 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 131.0 acre tract of land located on the east side of Nowlin Road approximately 2,200 feet south of Robinson Road. (Z-1706). 6. Resolutions: A. Consider approval of a resolution regarding protection of water supply reservoirs. (The Public Utilities Board recommends approval,) B. Consider approval of a resolution approving a joint study with Denton County water suppliers - lyater for the Future Committee of Denton County. The Public Utilities Board recommends approval.) C. Consider approval of a resolution in support of ' the preliminary County Wide Transportation Plan for Denton County. D. Consider approval of a resolution temporarily closing the 100 block of North Elm 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 21, 1986 for a "County i Seat Saturday" Sesquicentennial celebration. E. Consider approval of a resolution temporarily closing Hickory Street from the east side of Bell Avenue to the east side of the railroad tracts on June 21, 1986 and June 22, 1986 for a Sesquicentennial Arts and Crafts Fair. F. Consider approval of a resolution to amend the Airport Lease Agreement of Mr. Jay Rodgers and Mr. Bruce Brown. (The Airport Advisory Board recommends approval.) G. Consider approval of a resolution approving a Commercial Operators Airport Lease Agr,aement for Fox-51 Limited on the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) City of Denton City Council Agenda April 1, 1986 Page Eight H. Consider approval of a resolution authorizing a public hearing concerning the construction of proposed improvements at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) 1. Consider approval of a resolution appointing Assistant City Judges for the Municipal Court of the City of Denton, Texas. J. Consider approval of resolution establishing a deferred compensation plan for employees of the City of Denton, Texas. K. Consider approval of a resolution in support of the City of Denton making application to the Texas Railroad Commission for Denton to be added to the Dallas/Fort Worth Commercial Trade Zone. i 7. Official Action on Executive Session Items: i A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 8. Miscellaneous matters from the City Manager. 9. New Business: i This item provides a section for Council Members to suggest items for future agendas. 10. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V. A. T. S. B. Real Estate Under Sec, 2(f), Art. 6252-17 V.A. T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 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 (a. M.) M. I (717 SECREI'ARY 2109C t I~~ v DATE: 04/01/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Land Use and Zoning in South Denton M RECOMMENDATION: Not applicable SUMMARY: Staff compared land use and zoning in an area of South Denton bounded roughly by Sam Hass Road on the west, t State School Road on the east, Dallas Drive/I-35E on the north and Londonderry Lane on the south. Approximately 185 acres in this area zoned for office/retail/industrial purposes has developed as residential. s BACKGROUND: Backzoning would guarantee residents protection against incompatible land uses on remaining vacant property in ! j the neighborhood; however, it also often results in legal action against the city. PROGRAMS, DEPARTMENTS OF. GROUPS AFFECTED: Property owners FISCAL IMPACT: There, is no impact on the general fund. t Resp fully submitted, M i I { Llo d Harrell ll City Manager Prepared by: u Denise Spivey," Urban Planner App v ' e Me Director of Planning and Development i MEMORANDUM C TO: Denton City Council FROM; Denise Spivey, Urban Planner DATE: April 1, 1986 ~ I SUBJECT: Land Use and Zoning in South Denton I~ Recently, the City Council requested information on property zoned for office/retail or industrial purposes that has developed as resi- dential. Staff studi(;d an area bounded roughly by Sam Bass Road on f the west, Statc School Road on the east, Dallas Drive/1-35E on the north, and Londonderry Lane on the south. This area contains approx- imately 185 acres of property zoned for office/retail/commercial/or light industrial purposes that has developed as retail. Backzoning the property to its current land use would ensure that zoning matches land use in these areas. Residents of these areas would also be protected from incompatible development on remaining vacant property in their neighborhoods. A third advantage of back- zoning is that infrastructure and land use planning are easier if exact land uses can be predicted. The same procedures must be followed in backzoning as in any other zoning request, i.e., property owner notification and public hear- ings. Backzoning done against a property owner's wishes often gen- erates some type of legal action against the city. In summary while backzoning would guarantee some residents protec- tion from Incompatible land uses in their neighborhoods, it is a lengthy process and often results in legal action against the city. Denise lipfivey sm DATIi: 4/1/86 CI'fl' COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council f v v FROM: Lloyd Harrell, City Manager SUBJI- CT: Discussion of preliminary plat of Green Valley Ranch Addition, a proposed fifty (50) lot: subdivision on 91.143 acres, located adjacent and 1-ast o'' F.M. 2153 and adjacent and west of Zackery Road, approximately 5,550 feet north of F.M. 428 and 2,200 feet south of Burger Road, for the purpose of determining whether to begin the annexation process. RECOMMENDATION: There are no apparent advantages to the City of Denton if annexation occurs. Delivering services to this remote area would be a disadvantage of annexation. SUMMARY; Phis site is approximately 3,-4 miles south of the Lake Ray Roberts Dam. Fifty (50) lots which vary in size from 1.3-1.7 acres are proposed. The property is located between two existing county roads (Zackery Road and F,M. 2153); approximately 800 feet of both t roads are subject to perimeter street road improvements. ` Individual septic tanks are proposed; plans must meet county and city standards and approval by the City of Denton Director of Utilities is required. Water service will be provided by the Bolivar Water Supply Corporation. The nearest existing city limit line is approximat',:ly 21z miles south and east of the property (500' finger between Wildcat Road and Elm Bottom Circle). The proposed annexation north and east along Rector Road r (A-40) is approxi,nately 5~ miles north and west the I property. f PROGRANIS, _DEPARTAIENTS OR GROUPS AFFECTED: E City of Denton Subdivision and Land Development Regulations are applicable and will be enforced in the same manner with or without annexation. FISCAL IMPAC'T': Delivery of basic services to this .isclated area would be difficult and not :ost-of.fecti.ve. Prepared by! Resp fully ubmit d: t Day ' i Ellison L oy iarre - enio P r City Manager ppro I ~ Jeff - Afey r ~ `-Director of Planning 6 Develoument L I IN. 39. Wit 440kift "Wyly "A'Lar j Ir •{Al~l':1 M- r. ADC4" to ul Y. 591 f.IL 1l*4r o Y.O.W. f I 1 b y 1 ~ L~Ot41AUC le' l 'craa , 5712 74' { Y -0 S ! I a' .'r i ~N 11 2e i 'tr` tlA( S ~~.~J>A .~~p 'a~wv+earrc nALrr/ k1 IS ~ Ir.ro. 1 by t~ /r I, IA1f , + t 1 ` I ~ / 1 H1 ' 1 (W tI TN1~fA.. ~ l r 1 r r 9S i 1 . S • .417 'x Ali earl r. \1 / •F, 'r tA. ,I 4 .f~,o AA.C. S.a a. \ 36 1 eu AnE x, a .r a c. rfo _ o ~F?, / A' , r , 0Aa q aw as 4z. w'e.N- o ~6 Y' aE, yi 5 JT yid 1r SAL ~ J. GDRO f td IGA.tRN .F vAnA•uy.ti 0 9 y+ ~ ] 'w,~la snnly>., I•'• yVrA?14 us.~il 00 G'~1 Ii. 164"'w 16.4.) y ~ 1 ~¢-rf1 wnrNll Mlture >'iFMA[L~~'.~')kIN Nd-e. i ' - t ',!P :F r r I t'.`' rleW V.{:A 7i1,7~1 .A! 1 ne4srvp ~ r• Ar /ta:a[ INV f f NOLLf Ef ~ M ~r~ s L, I A~Sr NA. I6u. Nnres 1 GREEN Ml.&Y RANCH. - rM/. md",YD uf/ or Rrf^/! NAf e.rNrJ ' PGP4A✓frAb At XAPOKP./*rA~. PRCLlM!IYAI~Y PLAT 1 -tAiu nor V.NAV! A n:4 tue /!!N/T' MA/ 'A' w,/PAMN14NIhY, ytNll Aah INN///LL11 r+A'f 1K T.Ie4' i i ( - A'ur/ut 2feVrlf /rut' }4}<. PMW/R 1 W Am $BIWA rA(CP& 4F po-e ..yr AWN llenAAr 40. o/r'rCW/SIAM. 711i,1109 IN. an h 4)1•gN rA»p AQfA 800f A ffA ACW ra HAry J .Y~ wAWr.n~ catMAi{lsrrAn!' 44 f Of- owl 1w1.^1r.1wr `j p1 ~r i1~ I,. y~ ~ [ I WF.W ilMy~ .W I r .-r,IMr 1 ' ' lW r~MY1I0 88 'T YIIrAL fLG IIGH ~P/. RLA'P Nw rrAC -rV~I r }ti i,. F I 0I JEW 10 v/IL.A1. , ':.i A'. F,.~'.. , . • ( + 'a.i: rLYY.a; j _y .a::,p ef. q:. , dr.,. rr :i/.fl.>TY . 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OG` r ► ~ rn 7!. ~ ~INI~~ ~ ~JOnnlon m A a~ Y i •1, , w 81, John Rd.`s r' Joe ItIL •s * i r ` it a is j • ~ fN10n Rd, l ` ' ~ '~0, • , • C • ~ ~ 111 i m • ~ ~ w r ~ 1 ,r 1 w\ _ ~ "~f of 30 ~C\Z • •MNO• ~d.• " -p LOMso n Rd. a., v T 1 • : "~Ffp f • a • 'Yi•tJOf/A/ 0101Y • E m ~ • r • ! SIC/fr • ~ )1'•. o I 0 R d. ~ • M ' ` • '27ay/f Rd r DATE: 04/01/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: DISCUSSION OF HUNTERS HILL ESTATES, A 10 LOT SUBDIVISION PROPOSED ADJACENT AND NORTH OF HICKORY HILL ROAD, APPROXIMATELY 1,060 FEET WEST OF FM 1830 FOR THE PURPOSE OF DFTERMINING WHETHER TO BEGIN THE 1 ANNEXATION PROCESS fr RECOMMENDATION: i Annexation of a subdivision of this limited size does not appear i advantageous from the standpoint of delivery of services, • SUMMARY; This proposed ten (10) lot subdivision abuts an existing ten (10) foot strip of Denton city limits along the north side of Hickory Hill Road. Argyle city limits begin along the south sA-'e of Hickory Hill Road. Water service will be provided from the Argyle Water Supply Corporation and the owner has requested approval of individual septic tanks. City of Denton Subdivision Regulations are applicable regardless of the decision regarding annexation. One estate road is planned (City paving specifications with no curb and gutter) and Hickory Hill Road is subject to perimeter street paving improvements along the frontage of this tract. The Director of Utilities and the County Health Department must both approve septic tank permits upon review of tests and technical information. ` BACKGROUND: Not applicable, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: If annexedr City operations and departments responsible for delivery of basic services. 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MYI 1.1..1, I,.p•, il, 10101 Ir~'1 City Council Minutes January 7, 1986 -%l The Council convened into the Work Session at 6:00 p,m. in tha Civil Defense Room, PRESENT: Mayor Stewartl Mayor Pt'o Tein Hopkins; Council Menbers Alford, McAdams, and Riddlesperger Acting City Manager, City Attorney and City Secretary AD-5ENT: Council Members Chew and Stephens 1. The Council received a report on land annexations near the Denton o-;unlcipal Airport. Cecile Carson, Urban Planner, presented a map of the discussion area. The area near the Airport was planned development in nature and predominantly light industrial in use. Petitioners for zoning in the vicinity wore inf.ormad by staff to exclude residential uses and were made aware of the Airport height zoning restrictions, Mayor Pro Tem Hopkins asked about the area immediately along Tom Cole Road, Carson responded that a portion of that particular tract was not within the city limits and was, therefore, not zoned. Mayor Stewart stated that there was a policy on record that this area near the Airport was to be zoned for light industrial or planned development uses. h Carson reported that the Denton Development Guide designated this an a high intensity node and recommended light industrial and/or commercial uses. Mayor Stewart stated that the City council had stated several years t ago that residential uses were not wanted in this area. Carson responded that the end of cumulative zoning would take care of any problems with residential uses. Mayor Pro Tem Hopkins stated that he was concerned about the area west of the Loop 288 corridor and general transportation patterns west of the airport and asked if staff felt annexations to the west would be appropriate. Council Member Stephens joined the meeting, Council Member C,iew joined the meeting, Carson responded that staff did not anticipate the western extension of the loop for approximately 20 years. Acting City Manager Rick Svehla reported that during the next several months, the County Transportation Plan would be reviewed. The Council might want to look at this issue in conjunction with the strategic plan. Council Member Riddlesperger asked regarding the status of the southern extension of. Loop 288. Svehla reported that the City was still working with Delhi Pipeline and the State Highway Department on money matters. A check had been cut for the plan and staff expected to receive the plan in one to two months. The plan was to get underway with the project during the summer, 2. The Council held a discussion on a tree ordinance and consider referral of the ordinance development to the Historic Landmark Commission. Acting City Manager Rick Svehla reported that this item had been requested to be placed on the agenda by council member Stephens. f City of Denton City Council Minutes Meeting of January 7, 1986 Page Two Mayor Pro Tem Hopkins stated that he thought the Council had agreed to have a workshop session on this issue and had directed staff to order information from the City of Austin regarding its ordinance. Council Member Stephens reported that Mr. Mike Cockran of the Historical Landmark Commission had stated that the commission would do the work if the council so directed. Betty McKean, Assistant City Manager, reported that Steve Brinkman, Director of Parks and Recreation, was working on this particular issue. Council member Stephens stated that he would like to see this item referred to the Historical Landmark Commission. M McKean further reported that the Beautification Committee had been working with Brinkman on various related projects. f Mayor Stewart stated than staff should gather information and bring t to the Council. The Councii could, at that time, refer the issue to a committee. Acting City Manager Rick Svehla reported that the Planning and Zoning Commission should review any proposed ordinance prior to presentation to the City Council. Cecile Carson, Urban Planner, reported that staff had requested and received six or seven similar ordinances from other cities. Council Member Chew stated that he would like for staff to prepare a summary of the other cities' ordinances. Mayor Pro Tom Hopkins stated that this information, done in chart 0 form, would be helpful. Council Member Stephens stated that he would like to have the staff made a recommendation at the presentation to Council. Council Member McAdams stated that might not be appropriate at this point, but rather for the council to review all of the various ordinances first and then give direction to staff, A The Council conver;~d 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 Stewarty Mayor Pro 'rem Hopkins; Council Members Alford, Chew, McAdams, and Riddlesperger r Acting City Manager, City Attorney and City Secretary ABSENT: Council Member Stephens 1. Consent Agenda Council Member Chew asked that item N 1.A.1 (Bid N 9551 for modular furniture) be removed from the Consent Agenda. McAdams motion, Chew second to approve the consent Agenda with the exception of item 1.A.1. Motion carried unanimously. Council Member Stephens joined the meeting. Council Member Chew stated that he would like for Mr. Marshall to explain the differences in the two bids. The bid that was being offered was over $7,000 higher than the lowest bid and wanted the rationale for splitting the bid between two vendors instead of using one vendor. City of Denton City Council Minutes Meeting of January 7, 1986 Page Three John Marshall, Purchasing Agent, reported that the bid being recommended was higher than the other bid, but the reasons for the decision were stated in a memorandum in the agenda back-up material. Ordinarily, two bids would not be combined to make one. This particular case was that Business Essentials had bid the Aspect line of furniture for the chairs, while Aspects had bid the panel furniture. All of these items were not produced by one manufacturer. Consequently, both had combined their bids to make a complete bid. • Council Member Chew stated that he had a problem with the summary memo which stated that this was the fourth time these products had been bid. The first time, only one bid was received for just the panels. The second time, the bids were rejected because they were r not compatible with the panel system. Chew then asked how they were not compatible with the other panels. Marshall stated that the bid had specified a system that connected le the panels directly togethror, one to another. The Rosemont panel system consisted of panels and posts. The post had to be located between the panels to connect them. The City had specifically asked for a panel-to-panel system. The panel-to-post system was considered as an alternate bid, but did not meet specification. Council Member Chew stated that he did not see $7,000 worth of difference. Maesha.li stated that he believed the difference could be seen if both systems were set up side by side. Council Member Stephens asked in what way. Marshall responded, in several difference ways: one was appearance. The recommended system was in place in Customer Service and had been moved several timeu and put into various configurations and always i <tave a good appearance. Some of the systems in the post-and-panel system did not have the flexibility for reconfiguration without the purchase of additione.l panels. The bid had also asked for the cost F F of replacement parts, and Aspect gave the city a 508 discount and the others were 208 to 308, depending on the item ordered. Council Member Stephens asked how many companies could make the type that staff wanted. Marshall responded several different companies did and had bid at l other timesi however, this had been bid so many times that they did not bid. The combination bid was a better bid than the last time. Council Member Stephens stated that he had always thought that a post w.,, load bearing. Marshall responded that Rosemont had several different models or groups of panel systems. The ones that the City was bidding had the load on the panel itself. The specification had always been for a panel-to-panel, not a panel-to-post system due to the flexibility in rearrangement of cubicle areas, Council Member McAdams stated she appreciated the fa%:t that $7,000 was a lot of money, but the Council should look at the function of the system. She felt flexibility was vital for long-range use. McAdams motion to accept the bid. Motion died for lack of a second. Chew motion, Stephens second to accept the low bid. Council Member Chew stated that he felt the bid had been written to fit a specific system. Council Member McAdams stated business Essentials had bid the panel-to-post system on the first bid, but when they understood what was required, they had bid the panel-tu-panel system. The other City of Denton City Council Minutes Meeting of January 7, 1986 Page Four bidders could have done the same, and she felt it was shortsighted to be put in the position of having to purchase more panels when rearrangements were dona in the future. Mayor Stewart stated that flexibility was the key and that future expansion must be planned for, Council Member Riddlesperger asked if the bid met the specification; if it did not meet the spec, it should not be considered. Council Member McAdams asked for the City Attorney's opinion on whether or not the bid met the specification. Debra Drayovitch, City Attorney, reported that an examination of the materials which was supplied to the Legal Department by the post-to- panel system revealed that, throughout the documents describing the panels, the posts were referred to as connectors, There was no h doubt in her mind that when the City staff bid the project, they did not care what the post was called, they wanted panels which inter- locked. The specifications were written with this in mind, and there were a number of manufacturers who did manufacture panels with interlocking connectors so that the panels did connect directly to each other. A consultant, who had been used throughout the renova- tion project, was also of the opinion that the Rosemont system, as bid, was a post-to-panel system and not panel-to-panel. Council Member Stephens stated that he had checked into the panel-to- panel and panel-to-post systems. He had discovered that a post was something which was load bearing. All of the panel-to-panel systems had a glide feed at the bottom for support, If there was a hinge, ' no matter what the shape, and no post which provided the support, it seemed to him that this would be panel-to-panel. Council Member McAdams stated that staff was probably riot interested in where the support was, only the connection and being able to interchange the panels and use them in a variety of manners. The post was a connector, and it was the type of connector which was being addressed in the specification. Staff specified panels which interlocked. ! Acting City Manager Rick Svehla reported that the Rosemont system r j had more connections in joining two panels together than there were E in the other system. Staff felt there would be modifications to the system, and the consultant believed the bid of Business Essentials was the best, Council Member Riddlesperger called the question. Vote on the motion to accept the low bid failed by a vote of 5 to 2 with Council Members McAdams, Hopkins, Alford, Riddlesperger and Mayor Stewart casting the "nay" votes. McAdamu motion, Riddlesperger second to approve the bid as presented. Motion to approve carried 5 to 2 with Council Members Stephens and Chew casting the "nay" votes. Consent Agenda: A. Bids and Purchase Orders: 1. Bid #9551 - Modular Furniture 2. Bid 09556 - Radio Maintenance 3. Bid 09557 - C.I.P. Utilities/Section B 4. Bid 09558 - 27" water Line Lowering C City of Denton City Council Minutes Meeting of January 70 1986 Page Five 5. Bid #9554 - Sewer Flushing Truck 6. Bid 49561 - Truck Bed and Bodies 7. Bid 09562 - Brush Truck Body 8. Bid 09563 - Truck Cab/ Chassis • 9. Bid 19566 - Distribution Transformers 10. aid #9569 - 500 MCM Wire illy 11. Purchase Order 471235 to General Electric in the amount of $58,450.00 M. 12, Purchase Order #71236 to Leeds and Northrup in the amount of $18,955.00 13. Purchase order #71460 to EMCO Meg. Corporation in the amount of $10,500,00 14. Purchase Order #71508 to I.T.T. Courier in the amount ok $33,723,00 15, Purchase Order #71653 to Southwest Electric in the I amount of $15,000.00 B. Plats and Replats: 1. Approval of preliminary replat of the College Addition, Lot 2R, Block 21. (The Planning and zoning Commission recommends approval,) r 2. Approval of preliminary plat of the Edwards Addition, Lots 1 - 51 Block 1. (The Planning and Zoning Commission recommends approval.) 1 F, ( 3. Approval of preliminary plat of the Love Ld dition, Lots 1 and 2, Block A. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary plat of the Young Subdivision, Lots 1 and 2, Block A. (The Planning and Zoning Commission recommends approval.) 't C. Change Orders 1, Change Order #1 for 2 MG ground storage tank at water treatment plant, Bid 19635, in the amount t of $15,928,20. D. Pro Rata Agreement 1, Approval of a proposed pro rata agreement with SSD Addition, owners Richard B. Cushman and Carolyn S. Cushman and/or their assigns for a new water line. 2. Public Hearings n f A, Z-1779. Petition of Miller of Texas, Inc. requesting planned development (PD) zoning or 703.371 acres presently zoned agricultural (A). The property is described as beginning approximately 600 feet south of U.S. Highway 380 and extending to approximately 1,800 feet south of FM 426 (East McKinney Street), The property is further described as being a tract in the M. Forrest Survey, Abstract 417, and the W. Durham Survey, Abstract 330, if the planned developmen-. is approved, the following land uses will be permitted: city of Denton city council Minutes Meeting of January 71 19b6 Page Six A) Cluster Housing - 282 dwelling units on 15.70 acres with a density of 18 units per acre. B) Multi-family - 537 units on 22.37 acres with a density of 24 units per acre, C) office - 8.78 acres. D) General Retail - 17.94 acres. E) Multi-family - 385 units on 16.05 acres with a density of 24 units per acre. F) Cluster Housing - 137 dwelling units on 11.47 acres with a density of 12 units per acre. G) Community Facilities - 13.39 acres. H) Single Family (10) - 137 units on 10,000 square foot lots on 39.30 acres with a density of 3.5 units per acre, 1) Single Family (10) - 249 units on 10,000 square foot M lots on 71.01 acres with a density of 3.5 units per acre, I, J) Cluster Housing - 452 units on 37.30 acres with a density of 12 units per acre. K) Office - 7.70 acres. L) Park - 8.40 acres. M) General Retail - 22.52 acres. ' N) Multi-family - 51393 units on 107.85 acres with a density of 50 units per acre. 0) Cluster Housing - 115 units on 14.41 acres with a density of 8 units per acre. P) Community Facilities - 9.21 acres. Q) Single Family - 331 units on 7000 square foot lots on ! 82,85 acres with a density of 4 units per acre. I R) Neighborhood Service - 4,40 acres, S) Single Family - 285 units on 1000 square foot lots on 71.62 acres with a density of 4 units per acre, T) Cluster Housing - 184 units on 22.99 acres with a density of 8 units per acre, U) cluster Housing - 297 units on 24.72 acres with a density of 12 units per acre. V) Cluster Housing - 545 units on 30.28 acres with a density of 18 units per acre. r W) Cluster Housing - 241 units on 30.18 acres with a density of 8 units per acre. The Mayor opened the public hearing. I ~ Mr. Lew Anderton, representing Miller of Texas, spoke in favor and presented conceptual plats of the proposed development, with one of the plats being for the 703 acres involved in this petition. Miller had begun buying the property two years ago and working with the City approximately one year ago to determine the highest and best ' use which would be mutually beneficial. As the project was being assembled, several things were kept in mind, The main objective was to have the highest quality subdivision which could be developed on the property, The Lake Lewisville change in elevation, based upon the completion of Lake Ray Roberts, was the primary initial study. The entire lake bed had been topographically charted and determined where raised level of Lake Lewisville would be and its impact on their property. Areas of unused Corps of Engineers' property which adjoined the proposed development was shown on the plat. As of this date, this 350 plus acres of Corps property was accessible only ty water, After the City of Denton Parks Department had seen the land, Miller of Texas had begun working together with the Corps of Engineers in developing a plan for recreational areas. At that time, working with staff, it was also discovered what Denton felt to be a primary need which was to relieve the congestion on Loop 288 and build a primary, major artery that would connect University down to interstate 35. They were advised by the city staff that the first preference was to go to the southern-most existing overpass, which was in Corinth's jurisdiction. The second choice was to go to the Shady Shores exit. When this was before the Planning and Zoning Commission in December, Miller had not given a firm commitment on City of Denton City Council Minutes Meeting of January 70 1906 Page Seven buying the additional properties. After P&Z approval, an additional 460 acres to the south had been purchased as well as 60 acres to the north by University Boulevard. The City and Miller of Texas agreed that the most important thing which could occur would be the construction of this major highway. To do this, the tight-of-way which Miller controlled totalled 33,000 linear square feet of road. Including the major bridges which would have to be built, the cost would be extraordinarily high. Several areas would require a bridge to be built for this six-lane thoroughfare that would cross the lake (wren the level was raised). To do this would take units in order to justify the project economically. In working with the staff, miller also wanted to identify all of the needs of the City that L~hey could. They had tried to accomplish this and, in addition to an agreement which they would make at this meeting to build the road and the phasing of the road, they would agree to give two school sites for the Denton Independent School District which would be worth approximately $645,000. The Corps of Engineers was plain in stating that they wanted to see the Corps area remain as natural as possible. In order to accomplish this, Miller had also given an additional parking space to park cars in the northern section which would ive immediate access to the Corps property and agreed to set up a 250,000 grant. This would be used as seed money to get matching funds from the Parks and Wildlife Department. The problems which were faced in making this firm commitment mainly centered on the fact that Miller did not own all of the right-of-way between Interstate 35 and University. The developers had agreed to work with Miller in securing this right-of-way. Miller was prepared to make the commitment. An assessment would need to be made if the agreements would not be worked out voluntarily. There was approximately 2,900 feet which would have to be assessed and built to go along with Miller's 33,000 feet to ensure that the project would be completed. The other conditions, as set forth in the revised list which he had been given, were all agreeable to Miller in principle, He also wanted to address the bottom line of this project to the City of Denton. To do this, they had asked the staff to recommend consultants to be sure that there was no strain put on the transportation on existing roads and that there would be adequate roads to ensure the highest quality development possible, Mark Goode was retained, and Miller had agreed to pay his fee, along with Dr. McKee, They would address the roads and economic impact to the City, Mr. Anderton stated that he really felt that they had solved a lot of Denton's problems from an economic standpoint. The large majority of property and buildings within the t:ity was tax exempt because of the state status of Texas Woman's University and North Texas State University and the Denton state school. Miller felt that their initial, first phase project of 700 acres, would double the budget and revenue to the City. They also felt that, at r the same time, they would relieve density requirements that would be faced in the future, because the City would be more in halance. The balance would be done with units which they simply had to have to construct a road of this magni~ude, Mr. Mark Goode, 330 Union Station, Dallas, spoke in favor stated that he was a Vice-President and principle in the firm of Deshaze, Sterret and Cohn, They were traffic consultant engineers and in the last four or five years, Mr. Goode has been before the city Council and the Planning and Zoning Commission approximately twelve times on a number of different cases. He believed that his firm understood the traffic situation in Denton, and they had developed what he believed to be a good working relationship with the City staff. His firm had been working on this particular study for approximately four montho. They were brought in to work with the City staff, to answer their questions, and to do the analysis from the City's point of view at the expense of Miller of Texas. Working with him was Mark Thompson, the project manager, The staff recommendation was fairly remarkable in that it followed almost verbatim what his firm recommended in their report. His firm had taken the proposed 700 acre development, the multi-family, the vast acreage of single family, the retail and office portions at the intersections of the I City of Denton city council minutes Meeting of January 7, :986 Page Eight major roadways of McKinney and the new arterial and University and the new arterial and distributed that traffic throughout the site and back along University and McKinney. At the time that they were conducting the study, they could not commit or guarantee to the Citye as they could at this meeting, that the connection to interstate 35 would be built at the beginning of the project as opposed to the end. Their task was to study how much of this proposed zoning could be built and what improvements could be made both on- and off-site ' to accommodate the traffic until a connection with interstate 35 was needed, Now, knowing that the connection would be sooner rather than later, many of the improvements which were recommended, and were triggered by a certain amount of development, may already be in ulace way in advance of the actual platting and development of this ` r ase of the project. His firm had suggested that improvements ` needed to be made at Loop 288 and University, and Loop 288 and McKinney in order for only about 8 1/28 of the development to be developed. Tied in the staff recommendation and the report was a formula, not based on specific tract development, but on the total number of peak-hour trips generated. An equation was included which allow for the conversion of development to peak-hour trips. Eight -nd one-half percent could be developed with improvements which his firm had identified. These included turning lanes - additional turn lanes at McKinney, University, and University along Loop X68. The construction of a two-lava roadway from University to McKinney would be required early in the program. This roadway would need to be ` improved to a four-lane divided street in order to build approxi- matoly 508 of the proposed development, When approximately 758 of the development was built, the Interstate 35 connection would need to be in place to accommodate the traffic, At this point, much of the pressure that would otherwise have been felt along Mayhill and Loop 288 would be relieved by the routes (whichever one - the north or south route which was to be constructed, possibly both.) The regional map, showed that this area would not only drain or access just this development, but would also relieve pressure which was being brnught to bear by development from Loop 288 all the way to the lake. The capacity analysis for the various intersections was based on the additional development, not just their project. He 1 summarized by stating that his firm had provided in their report, and this was included in the staff recommendation, a list of improvements and the phases in the development which would trigger those improvements in the development as it was proposed to the Council at this time. There was the advantage now that Miller of Texas was indicating that the Interstate 35 connection was possible initially rather than later, The planned development as proposed by staff showed improvements which would protect the City from the traffic generated both on-site and off-site. Dr.. dill McKee, economist, spoke in favor stating that he had been askl:d to study the economic impacts of the development to the City, the County and the School District. He wanted to address several issues which had come up subsequent to his written report which had been presented to the Planning and Zoning Commission. A question had been raised by a Council Member regarding property tax revenues which would be flowing into the City prior to the completion of any construction. Fie had gone through the exercise of trying to place a dollar value on that flow of income to the General Funds of the City. This calculation was done assuming no completed construction as, obviously, completed construction would drive up the property values. In doing this, he had worked very closely with the Denton County Tax Appraisal District and had used procedures as outlined by Mr. Joe Rogers and his staff, had evaluated the property and gone through the exercise of identifying tax rates and even roll-back provisions for land which had agricultural exemption prior to what would be a conversion to a new property use. The figures presented reflected annual and cumulative effects over the years. The 1986 figures did not reflect any zoning changes which would affect the property value, The big revenue impact on the vacant property would begin in 1987 after the zoning change. The roll-back provision could also come through in 1987 on the previously exempted property City of Denton City Council Minutes Meeting of January 7, 1986 Page Nine under agricultural use. The figures had been spread out to 1992. In his earlier analysis, he had used 1989 a, an initial completion date for some of the properties. This analysis had been extended to 1992 on the proviso that some of the properties would not be completed until then. As an economist and a resident of the area, he wanted to emphasize not only the revenue impacts that would be stemming from this type of development, out also the job creation. Most of his career had been devoted to analyzing jobs and identifying • job creation opportunities. There were not many opportunities which Denton would have to see this type of job creation come into the City, and have one decision to make on it. The basis of his calculations of the jobs and many of the other revenue impacts, came from the State of Texas input./output model which was developed by the Texas Water Resources Board. This showed the impact of an expenditure of money into the spending stream or cycle of the community and, as that rippled through, became money in other ` people's pockets through consumer expenditure patterns, This then had an impact across the community. This pattern was very wide- spread in this particular instance, A $1100010001000 increase in construction around Denton would generate throughout the City and the northern metropolitan area approximately 15,000 jobs, It would also increase personal income across this area uy several hundred million dollars and increase tax revenues across the board by a substantial magnitude, not only to the City and the County, but also f to other areas in the surrounding communities, The State of Texas f would also receive some substantial jobs, uecause other state f suppliers would be involved in supplying materials, etc. into a project of this magnitude. The federal government would also benefit by increased revenues of $143,000,000 to its tax system. This is an important part and one which he wished to stress as a major economic impact of this project into the City of Denton. He did not want to overlook the population change. The projected population increase which was presented was based on an estimate of full capacity. He felt this was the upper bound and might he somewhat too high. This was also true for the estimate for the Denton Independent School District, He felt that he had used conservatively high figures on estimating the school enrollments which would be stemming from the completed project. An additional point on the school enrollment was that most of the students would be coming in during the final years of the project's development. The big multi-family units would not be completed until the late 199U's. This would have the substantial impact on school generating the s 1 growth. This assumed a number of things: one of the major II assumptions was that residential patterns and family structures would remain the same in the future as they were no:;. He was riot too sure that this was the case. There were reasons to believe that the projected school enrollment figure was high. A recent article in the Wall Street Journal had talked about the major impact that was sweeping across the country in terms of land use in residential structures, which was facilities for the aged. If this should have an impact on school childre., and types of facilities, that would lower the projection on school enrollment perhaps substantially. He had also assumed in his calculations that these facilities were not held aside for adults only in other words, children would be living throughout the complex. Council Member McAdams stated that she was interested in the fact that Dr. McKee felt the school population would come later when the multi-family portion was being developed, Dr. McKee responded, yes the high-rise, multi-family. Council Member McAdams asked if he anticipated that this would mean ' housing lots of large families with school age children. Dr. McKee responded that this was also a question which he had. He had used those dwelling units to drive his figures up just as a ' single-family home would. He had some doubt in his mind that the large multi-family structure or structures would contribute as many City of Denton City Council Minutes Meeting of Janr,ary 7, 1966 Page Ten students as single-family residential housing would. But he did not adjust for this. Council Member McAdams asked if Dr. McKee was aware that the school system thought that more school area was needed, and she did not think that they had it tied to the multi-story, multi-fai„ily units. They were looking at the cluster housing and single-family units and they were saying that more school space was needed. Dr. McKee asked, more space than what? Council Member McAdams responded, more than was donated. Dr. McKee responded that he was aware that there was a letter regarding this issue from Mr. Bernstein of the Denton Independent School District. He had participated in a meeting with Mr, Gilbert Bernstein, Dr. McGee and other planning members of the DISD, and he ` had heard Mr. Bernstein's comments. However, he did not hear this echoed by the other members of that committee. He had only recently !I heard that there was a letter out on this issue, I Council Member McAdams asked if Dr. McKee was disagreeing with the DISD assessment, ! Dr, McKee responded, nod he understood Mr. Bernstein had requested additional school sites. he had not heard that the Superintendent of Schools had requested the additional sites, Council Member McAdams stated that she did not feel Mr. Bernstein I would have written an official letter without the approval of the School Superintendent. Dr. McKee stated that all he could say was that, at the ;meeting, Dr. McGee did not request the additional sites. 1 Council Member McAdams stated that she was interested in tie overall reports because it spok,a of the pluses. She normally put the pluses one side the the minuses on another, balanced them off and came up with a net. It seemed that, here, the Council was looking at the gross and there was nothing to allow her to determine the net improvement. For instances, there was a significantly large figure as potential Income for the electric/water/sewer systems. This area I was a dual-serviced area. Was Dr. McKee basing his figures on the t entire development going with Denton Gltilities rather than Texas Power and Light. If so, what was the rationale? Dr. McKee replied that he had worked with Mr, Bob Nelson, Director of Utilities, and his staff to obtain these figures. Council Member McAdams asked if this assumed that the City would be serving all of the people in the area rather than TP&L? Dr. McKee responded, yes, Council Member McAdams stated that this was absolute conjecture as TPsL also had a franchise to serve this area. Dr. McKee replied that tie did not get into all of these details with Mr, Nelson. He laid out the number of dwelling units, the projected population growth, etc, for Mr. Nelson. Nelson had then calculated what he viewed would be the rise in revenues to the City's General Fund resulting from this project. Council Member McAdams stated that there was also a cost associated with this. She felt the figure on the electricity was highly suspect due to the dual-service question. There were no guarantees whatsoever that the City would serve these people. The revenues to the City were not net results as the costs associated to the City i was not provided. She would like co have all of the information, City of Denton City Council Minutes Meeting of January 7, 1986 Page Eleven because it was entirely possible that in some of the areas, the cost would outweigh the gain altogether, and when the net result was determined, the City would have a net cost, Somebody, likely the citizens of Denton, would have to pay this cost. Dr. McKee responded that Mr. Lew Anderton and Roger Barrett had specifically requested him to spend his time wotki.ng with the City planning staff in attempting to provide answers to the questions • staff had prior to submittal to the Planning and Zoning Commission. He began working around the first or second week of November, and PAZ hearing was on December 7, He had spent his time working with the planning staff, the planning committee, the Acting City Manager's office, the finance officer, Fire Department, Personnel, etc., including Mr. Nelson's utility department, attempting to provide the answers that, he could in the given timeframe, To his knowledge, he answered all the questions which were presented to him + through the mechanism of working through the planning staff. Certainly, this was not a true cost benefit tudyl he was the first to state that. There was not. time nor was there information which he requested presen'-.ed through the City, to generate all the data which was necessary to generate a true cost benefit study. Council Member McAdams stated that she felt this information was part of what the Council would need, If they were going to have the figures at all, they would need the other half. She also looked at the numbers regarding jobs. She would concede that this type of massive construction would rertainly provide a number of jobs. However, this was short-term in,, if you looked at what was going to sustain this over the next fircy years, then she would question whether the number of. jobs pr~;vided would take care of even the population generated, Another scenario would be that the people who moved into the development would be, competing for existing jobs in Denton. It seemed that this was not necessarily a net figure either, This could conceivably cause higher unemployment rather than excess jobs, Dr. McKee responded that the job figures, in part, were generated through the construction activity. A newspaper had quoted that, as the construction industry goes, so goes the national economy, 4e felt this was true not only for the national level, but also the local level, When there was a high level of construction activity in an area, even over a substantial number of years, there certainly was a positive impact on the local economy. Construction would sometimes go away from the area. What would be left behind in this development would be 21434 jobs within ':he facility itself (office buildings, general retail and other commercial ventures.) If that entity was the single employer, which it would not be, it would become the second largest employer in the City of Denton. It would ' be the only private sector employer of the top four or five employers in Denton. He felt another economic aspect which should not be overlooked was the over-reliance at the present time on ';he public sector employer. In his mind, this economic could benefit from more private sector jobs. ( Council Member MCAdamo stated that If the Council looked at the fact that these were the jobs which were being generated, once the development process itself was completed, they were then looking at wha,: she felt might be a negative, and the Council should be aware of that. Dr. McKee stated that he was not sure he understood. Was Ms, McAdams meaning that the construction workers who came In to work the t project would stay after the construction was finished and become M unemployed? ( Council Member McAdams replied, not the population projection figures were an additional 20,000 people, ano she was talking about where these people might potentially work, Dr. McKee responded ` that, given the estimated sale values that were posted for the t I City of Denton City council minutes Meeting of January 71 1956 Page T1aelve improvements, he did not believe that anyone need be concerned about the unemployment of those persons who would purchase $200,000 homes or $150,000 condominiums, He had not considered this in his analysis. Council Member McAdams stated that if it was not a logical place for these people to work, they might not purchase the houses. Council Membnr Stephens stated that to one of Council Member McAdams's questions regarding cost benefits, Dr. McKee had stated that he had asked for informatio:. on the impact from the staff. He had not heard all that Dr. McKee had said and asked for him to go through this portion again. Dr, McKee restated that, in working with the planning committee ` which was from a number of different departments, including the independent school district and others, he had requested information there and then, in working with the planning staff directly, had hoped to collect more data than lie actually did receive, Council Member Stephens asked what type of information was this and when did Dr. McKee ask for it. Dr. McL'ee stated that he had asked for the information approximately three days after he was brought in on the project in November. Council Member Stephens then asked what particular information was Dr. McKee interested in. Dr. McKee responded that he was hoping to be able to get into some of the aspects of build out of roads and maintenance, police substation, etc. He did have costs in the report on patrol cars and personnel costs for polico_, personnel costs for the Fire Department, new fire trucks, and so forth. This included new nigh-rise snorkle to service the high-rase buildings in the proposed development. He was able to get this information over the telephoner however, they were looking for other information to come in through the process of some forms which were being sent to the various departments. To his knowledge, none of these were received in time to be of use in the analysis. Council Member Stephens asked if Dr. McKee had requested this information in November and had not yet received the information. Dr, McKee responded that the information did not come in prior to the meeting with the Planning and Zoning Commission. F Council Member Stephens asked if Dr. McKee had asked again for the information. Dr. McKee responded, nor he had not asked again since the hearing before the P&Z. Council Member Stephens asked, knowing he was going to be before the Council, had he not askec again for the information? Dr. McKee replied that he was not asked by the people who were retaining his services to continue working with the City in doing that. Mr, Roger Barrett, MoLroplex Engineering, spoke in favor stating that his firm had been retained as the planners for this project and were very pleased to have an opportunity to work on a project of this magnitude and benefit to the City of Denton. This was a mixed use development which was highly diverse for a parcel of this size and configuration. There were some twenty-three uses that were on the 700 acres. The size and shape of the parcel was very linear in acope creating a corridor type of land use configuration with the primary major thoroughfare running through the center. It was a 1 City of Denton city council minutes Meeting of January 7, 1986 F>age Thirteen r community within a community concept which would provide housing, employment and commercial activity. The parcel happened to lie outside the original Denton Development Guide's study boundaries. During the planning process, some determination3 were made as to intensity zones on the tract and tried to meet the Cuide as closely as possible. They had devised three basis study nodetr - 82 acres, 207 acres, and 105 acres - all having a variety of uses within the nodes. His firm felt that all met the intent and intensity of the Denton Development Guide. From the site analysis standpoint of ` Lakeview, they had tried to understand the natural 'jeauty of the areas They whhad ich considered iprone the site redue to the close cre recreational activi P es,l the regional lake, to flooding on occasion, but was still a beautiful area to be maintained for parks and open space not only for thie development for pools, large, tennis courts, athe nd gae dens. development community but for fpri ate Denton as a f Lakeview development had proposed a very sophisticated amount of landscaping on the project, This was possibly the most comprehensive landscape plan in the planned development format which the City had seen up to this point. various parcels had been designated along the , rimary mars r of rscreend ng the dedicated landscape public buffers. Not (only for different ty type was this development making every attempt to save the mature trees on the property, but were also making an extra attempt in revitalizing the area by planting other trees, Mr. Barrett then made a slide presentation of conceptual models of the proposed cluster housing which could be from 12 to 18 dwelling units per acre, the proposed seven-story area which was projected to be constructed last. This wap a conceptual look to show how higher densities could be placed in an esthetically pleasing building element without using a lot of land area. Provided were tennis courts, pools and amenities. There was a tremendous opportunity, working with the Corps of Engineers, in the northern most parcel of the property. The Timberbranch Park was over 20 acres in size. After working some conceptual layouts with the Parks and Recreation Department, his firm had begun future planning in the park areas. i There was potential for picnic areas, nature trails, bridges, possibly a field sports area and an amphitheatre. The map of the planned development designated where the flood elevation would encroach upon these areas, Also shown was the maximum probable flood area. There was plenty of land available for usable recreation and open space. The Cooper Creek Park had in excess of 90 acres, again with picnic, nature trails, sports center. In the activity area, there was the best potential for tennis, racquetball and field sports. There gwere ently not many g and would trees be leasyhito adevelop. The topography last park was Pecan Creels which was over 100 acres. Again, working with the City Parks and Recreation Department, this was the possible site for the first Denton Municipal Golf Course area. In summary, he wanted to recapitulate what the Lakeview development was all about. was First, an othere was pportunityhtoido ecomof sanitary sewer prehensive planning improvements, Denton. They would be providing four lift stations and force mains on the project and service directly to the wastewater treatment plant. Also concerning water improvementsf there was a proposed 20-inch water line running along the north/south primary major arterial. The comprehensive planning of the project would help alleviate future traffic problems on Loop 288 due to the 911jor arterial which would be built and connect interstate 35 and University. Concerning the two school sites, a minimum of $545,000 of savings would be realized by the donation of the land. From further investigation with the Denton independent school system, this might. be a very conservative figure. After some eX lanation from Gilbert Bernstein, they could be adding an additional 300,000 in savings to the Denton independent school system by the donation of these two school sites. They had tried to place the school sites close to Lake Lewisville and the park areas. This was very important for the were major parkdimprovements district. City of Denison City Council Minutes Meeting of January 7, 1986 Page Fourteen there was also 54,6 acres of on-site park and open space area. Almost every cluster area had a minimum of 10% of its acreage allocated to a park or amenity package for its parcel, Again, the developer was providing $250,000 to the Denton parks system which would help start improvements to almost 300 acres on the regional parks. Last, the City of Denton general revenue fund, as determined by Dr. Bill McKee, would probably be increased over $5,000,000 a year, after City f:xpenditures, when the project was fairly built out, • Council Member McAdams asked if Miller of Texas planned to do the development themselves or would the tract be sold. ` Mr. Barrett responded that, as with all development, not one single E entity had the monetary power to purchase the site, build all the I, improvements, actually construct all the building elements themselves, and have their own sales force to sell the unit. This would be a cooperative venture which he was sure would be worked out. i Council Member McAdams then asked, given that a number of developers would be doing this ,project, what woulO be the square footage in the various types of buildings, such as the apartments, single-family ' dwellings, etc. Mr. Barrett responded that this had not been delineated in the planned development document. On several occasions, the planning staff had recommended that they did not need that kind of information, as fir as minimum square footage for dwelling units. They had asked if this was a necessary requirement, such as putting an 300 square foot minimum for an apartment or an 11,000 square foot minimum requirement for a townhome or cluster unit. Those types of details, up to this point, had not been needed. Courjci? Member McAdams stated that she could understand why that information was not needed for technical types of things, but when the Council was looking at the proposal and wanting to know, as a resident of Denton, what this was going to look like, how would one arrive at the approximate cost of something if they did not know how large it was? How would they know it was to be a $200,000 house or a luxury apartment if they did not know at this point whether it was ! going to be 600 square feet or 11,000 square feet. Barrett responded, exactlyi there was no way anyone could answer the ` Council right now during the early planning and zoning„ stages. What f they had set up in working with the City staff was a set of controls which allowed fo: a comprehensive site plan review for each individual parcel which might come to the City for development.. Hypothetically, when Miller of Texas began to develop a particular phase of cluster housing, that particular plat would have to come through the City and the reviewing body one more time for approval. There have been checks and balances set up via the wording crom staff which would allow the Council, as well as the Planninq and Zoning Commission, to look at some of the architectural detailing, the set-back control, and t:he landscaping standards which were proposed for that development l.ract. Council Member McAdams stated that she did not see that this process would allow the Council to lick at the project and see whether it was a smaller house than they had anticipated and, therefore, that it was not the luxury area which they were expecting. Barrett responded that was truer there had been no indication to this developer or any other as to what a minimum requirement was, If the City had a particular standard or minimum requirement, they would be able to tackle that, Council Member McAdams stated that she was trying to make it very clear that the City did not have those requirements. However, in terms of information so that the Council could know what they were looking at, it would be helpful. City of Denton city council Minutes Meeting of January 7, 1996 Page Fifteen Barrett responded that neither he nor the developer was prehared to give thi6e types of numbers at this meeting, but, at the time of comprehensive site plan review before a single building could be erected on a site, the council would have an opportunity to review the square footages, council Member McAdams stated that one of the obvious concerns about a project this large, which was being done by a number of people, was that the Council would approve something with a number of stipulations attached, and then it began to be changed piece by piece. in his remarks, Mr. Barrett had said that, after having talked to Mr. Bernstein, there was the possibility of the donation of some additional school land. Given that this was a planned development with everything laid nut, it seemed to her that, if this happened, the Council was looking at their first amendment already. Mr. Barrett stated that he might have misused the word. There had f always been a commitment from Miller of Texas to donate the two school parcels to the Denton Independent School District. Council Member McAdams stated that the school sites did not appear on the document. She then asked if Mr. Barrett meant only two or two additional school sites. ` Mr. Barrett responded, just the two, hrt Council Member McAdams stated that she must have misunderstood. She thought Mr. Barrett had stated that, after further conversations with Mr. Bernstein, Miller of Texas might be in the position of offering something additional. Mr. Barrett replied, no; what he had said was that, after discussions with Mr. Bernstein, the dollar figure of $645,000 was slightly too conservative. It would be an additional $300,000 or so savings to the district because of the donation of the two school sites by Miller of Texas. Council Member McAdams stated that the school system, particularly Mr. ,Bernstein, had said that two was not enough sites. While it might be calculated that this was a savings on these two sites, a L total cost would exist on two more sites just to get where fl` Mr, Bernstein wanted to be in terms of students, This was what she had meant when she had spoken of putting up the pluses and minuses, She suspected that when this was tallied out, the school site issue would come out to be cost rather than savings. Mr, Barrett responded that he was unable to address adequately the total amount of cost to the Denton school system, They were able, hopefully, to project some of the benefits which were available in the short timeframe which they had. He could only reiterate what Dr. McKee had stated. He also had been involved in three meetings r with the Denton Independent School District, At no time did the Superintendent of the Denton independent public schools or the School Board ever make it a requirement of this developer, or of him, or of Dr. McKee that additional sites, other than those which were proposed, were needed or required. Council Member McAdams stated that, for the benefit of chose present in the Council Chambers, she would like to read from a letter dated January 2 on Denton Independent School District letterhead from Mr. Gilbert Bernstein with a copy to Dr. Robert McGee, The letter stated "Bas)d upon the report generated by Dr. McKee, it is apparent that the School District will need at least a total of 4 sites - 3 elementary school sites and 1 middle school site." McAdams commented that, at this point, apparently Mr. Bernstein also thought that the school district was going to receive 3 sites because he wrote "The developer has orally committed to 3 sites...," Mr. Barrett replied that, in their next proposal, which should come before the Council during the next few months, they were proposing 1 it City of Denton City Council Minutes Meeting of January 7, 1986 Page Sixteen another school site in the southern portion of the development, During the whole process with the DISD, they had constantly been talking abort the potential, which they were developing south of Pecan Creek as well as the project which was being reviewed at this meeting, That was what the three school sites were all about. Council Member McAdams quoted from Mr. Bernstein's letter "This still leaves the District one site short. Mr. Barrett has indicated he would try to find the District a fourth site, but this is tentative." Mr. 3arrett responded, yeat he was in constant contact with Gilbert Bernstein. They were having another field trip in a few days to look over these particular parcels as well as other potential development sites for the School District. f Mr. Taylor Boyd, Senior Vice-President of Henry Miller Company, spoke in favor stating that he was the joint venture manager for a piece of property which would connect the properties under discussion with Interstate 35. Henry Miller Company had purchased the 135 acres in 1485 and had already planned to make the connection at the on and off ramp for purposes of giving access to their property. While in the process of dedicating this land and setting up the needed traffic parameters for this site, they began to coordinate the effort with Miller of Texas. They were pleased to work with them, and he wanted to say that the connection would happen. It would benefit them also to connect University with Interstate 35. 1 Council Member Riddlesperqer asked for a timeframe on when the t connection would be done. Mr. Boyd responded that now they were in the process with the City and the railroa~. There was also a railroad to be crossed, the r MKT. They had begun working with them approximately six months ago fP to see that this could be done. Their application for that had been approved, and they were in the process of doing the joint venture with them, which stated that they would put up the cross signals, etc. The dedication for the street was in the mill and would probably be completed within 60 to 90 days, depending on the City of Corinth. After that, construction could begin. Mayor Stewart asked if they were planning on this pretty soon. Boyd responded, yes; they were in the middle of it at the present time, They were in the process of doing this connection anyway and it blended perfectly with the Lakeview project. The right-of-way which they were doing would be two sections of 36 feet of pavement developed at different times as traffic warranted. The first one r would be 36 feet wide. They felt they might need this at the I initial phase for any trucks, etc, They were right on the i interstate and might need this type of access. The roadway might end up being slightly larger than the portion for Lakeview. Mayor Pro Tem Hopkins asked if the right-of-way would exceed 120 feet. Mr. Boyd responded that the dedication at this time was for 120 feet. Mr. Steve Des Jardins, representing James Brown and Joseph Towall, spoke in favor stating that his clients owned the property at the Shady Shores and Interstate 35 intersection, They were currently ' negotiating to purchase the property which was currently owned by John Walker and Harold Holigan. He and Mr. Walker had reached a verbal agreement and were now into the contract phase on the Ill acres, This was being done in coordination with Miller of Texas on ' dedicating the 120 feet right-of-woy and building the initial two lanes as soon as the City approved the building plans. A bond would be put up for this construction. Cf for any reason they were remiss r City of Denton City Council Minutes fleeting of January 7, 1986 Page Seventeen in building the roadway, the City would be able to enact the bond and complete the thoroughfare, They felt this was a strong positive to the project, because it put the entire connection between University and Interstate 35 within the boundaries of the City of Denton without having to cross municipalities. They were very excited about this project in the City. His firm owned several other large parcels in Denton and were very heavily involved in Denton 's future, • Mayor Stew,tr.t asked if he was saying that there might be a different exit to the south other than the original one shown. Mr, Der, Jardins responded, not instead of, but in addition to. Mr, Bob Williams, 2707 Quail Ridge, Carrollton, spoke in favor • stating that he owned property north of finis project on Miller ` Road. He understood that with these developments and the utility extensions, roadway, etc., his taxes would rise, but it was his feeling that his property values would rise far in excess of the cost to him. Mr. Phil Cauley, owner of property in the area, spoke stating that he was in fa-or. Council Member McAdams asked Mr. Cauley where he lived, Mr. Cauley responded that he lived in Dallas, Ms. Judy Grimes, a iosident of the area, spoke in favor stating that ehe was currently under contract with the Miller Company to sell same land for the purpose of constructing the read. She and her husband were also prepared to donate some right-of-way for the ` construction of the road. Mostly she felt that this large ` controlled, planned development could do nothing but benefit the City of Denton as opposed to numerous small, scattered areas of uncontrolled development. r Ms. Karen Abernathy, 1204 Rio Grande in Township 11, spoke in f opposition stating that she was not anti-growth but it could be L accomplished in an organized manner. She believed approval of a project of this magnitude with this many gray areas would be unwise. She was concerned that the jobs which would be created ` -ould only be for the short and not the long run. She was also II concerned about the proposed north/south artery in the context of future traffic flow, She further stated that she believed that the F density was inappropriate and that the delivery of City services would lag behind the development. There was a need to go more slowly on a project of this magnitude. She stated that she felt the intentions were good, but the planned development as presented has not be refined and, as presented, was not good. The project should ue referrad back to the Planning and Zoning Commission for the details to be worked out and then brought back before the City Council. Mr, Tom Joslin, residing at the intersection of Slagg and Geeslir.g Roads, spoke in opposition stating that he lived directly to the north of the proposed development. He then presented a signed petition asking the council to over-rule the Planning and Zoning Commission's recommendation for approval. The P&Z did not follow the staff recommendation regarding several of the conditions for this planned developments i.e., streets, etc. The proposal as presented would provide inadequate traffic controls for their area. R The project had a potential population of 20,000 on less than 700 acres which he felt was too dense. Also, there did not appear to be enough single-family dwellings in the proposed plan. He would also question the tax benefits to the City and felt the advantages for the Denton Independent School District would be offset by the number of students who would be added to the schools. 1 City of Denton City Council Minutes Meeting of January 7, 1986 Page Eighteen tor, Mitchell Turner, 2118 Stonegate, spoke in opposition stating that he was concerned that the Lakeview development would affect the quality of life which was now enjoyed in Denton. He was not opposed to growth, but felt this particular project was too dense and would change the character of the City, The conditions which were attached to the planned development should be more restrictive, This development could cause Denton to become the "bedroom" community for the metroplex. He had moved to Denton eight years ago to obtain a ' better quality of life, and developments like Lakeview would affect that quality. If the development were constructed, he believed that there was the possibility that Denton could become just like Irving, Plano or Arlington, Ms, Claudia Brown, 315 Ridgecrest, spoke in opposition stated that she believed the additional population would adversely affect the h services which were offered by the Police Department, There were a great many apartments in the proposal, and apartments were quite often for temporary residents, Ma, Sharon Lowrey, resident of Township II, spoke in opposition stating that, in her neighborhood, changes had been made from the original plan as the properties developed. They now had Wolfe Nursery in their backyard. It would be wise to have very specific commitments and information in writing prior to approval, Mr, Hugh Ayer, 425 Mimosa, spoke in opposition stating that those who lived in Denton were very fortunate, The City was going to grow and this presented a splendid opportunity to see that the City grew in a positive manner. He did have several concerns in relation to the Lakeview development, lie felt the density was far too great. Traffic was another concern and he did not feel the proposal should t be approved until specifics regarding the north/south artery were f agreed :o in writing. He also dial not feel that only eight acres of park land and the promised $250,000 seed money for grants would be adequate for a development of this size, There was also a deb.tte on whether there would be two, three, or four school sites donated, His primary concern cantered around procedures. The staff recorrmen- ' dations to the Planning and Zoning Commission were not followed, and l the proposal was approved by the P&Z by a vote of 3 to 2, He felt II` this particular project had been rushed and should be carefully reconsidered prior to a vote by the City Council, NO one elne spoke in opposition, The Mayor alloweO Mr, Anderton five minutes for rebuttal, I Mr. Lew Anderton stated that he felt most of the comments and uncerLai.nties which were not clarified had been addressed. He believed that many of the concerns spoken were detailed in the f revised plan which the Council had received. The one exception was f` the issue of the school. At no time, did any members of the school district mention a f~.irth site until he received the letter from Gilbert Bernstein on January 6. Each and every time the issue was discussed, they had talked about only three echool sites. What he would ask was that, when you looked at their development, you could ask so much from a developer. In this case, the City was asking them to give 91 acres of land for a six-.lane thoroughfare with the land having a value of close to $2,700,000. They were donating two school sites. As you looked at the map to the north, their development comprised only 1/4 of the area, The Denton Independent School District had already purchased 70 acres of property just west of their property for a high school. The School District had told them that four total sites would be needed in the area. With 1/4 of the land, they were donating 1/Z of the school sites. In addition, they had agreed to the third site, This site would be located in the south area at the request of the school district. The project as a whole and the impact upon Denton could only be felt when the total bottom line picture was analyzed. He wished that Dr. McKee had been able to have more information for the Council. He had I ` City of Denton City Council Minutes Meeting of January 7, 19A5 Page Nineteen specifically asked the City and asked Dr. McKee to find out how many T.olice officers would be needed for the development, how many fire stations, etc, so that they could look at pure bottom line, Whatover the figure was that staff had come up with still left a bottom line of over $5,000,000 in excess revenues after deducting ` tho expenses which had been brought up. The cost of the road and r bridges,, forgetting the $2,700,000 for the land right-of-way which they world be donating, would be in excess of $9,000,000. If there was $9,')00,000 just in pavement costs, it should not be hard to see that there would have to be a lot of homes to pay for it. No one who studl.ed that figure closely could come to any other conclusion. The occupation 9ensity in the high-rise was difficult to project. Due to othar economic factors, amortization, etc., it was difficult to s:gy when and/or if the units would fill, Some of the high-rise units might be built, and the density might be there) however, none of this would happen if there was not a market for the units. During platting, the Council would have the right to assess what size unit would be placed on the property. It was difficult for anyone to say what would happen in the year 2000 or beyond. What was known was that Miller had to build the road now. They simply had to come up with numbers which would justify the cost of the roadway. With the highway in place, it was the market and what people were willing and able to afford which would ultimately determine what type product would go onto the property. The developer did not dictate the markets the consumer dictated what type of product they would buy and use. The Council could appreciate the complexities in trying to envision exactly what would be developed on the land when looking at a project of this size. Mayor Stewart asked if Miller of Texas intended to use City of Denton utilities. Anderton responded, yes, in working with Mr. Nelson of the City staff, they had considered alternatives including Texas ?ower and Light. The commitment of Miller of Texas was with the City of Denton. If they never built anything in the City, they still would own 21000 acres of land here. They had an interest in the quality f of life in Denton, because their very success did not depend only on this particular 700-acre development, but also what would happen to the entire 2,000 acres. They felt that, if they could work in harmony with the City staff, it would be a plus for both, Council Member McAdams stated that, as an alternative way of looking at what Miller was asked to give, while she could appreciate the cost of those things, if the density in the whole parcel was reduced, perhaps the additional school sites would not be needed. The possibility of reducing density was a good option to reduce the cost of some of the "give aways" and still provide an area which many people could live with somewhat better than the density which was being proposed. Anderton responded, this was exactly right. They had agreed early on that in a project of this size, the key factor was that it pay for itself and not be a burden on the City. In addressing that, they had devised a sophisticated formula. The raw infrastructure done for this project would excPA $75,000,000. With a commitment of this size, they wanted to be sure that the quality of the overall project would be high, With that in mind, most of their data tied everything to the traffic. In other words, not wait until a problem existed, then construct more lanes. They would put in the road before anything happened. In essence, what they had done was to protect themselves. ThPy had projected the density, t,ut it could well be that they were wrong and the entire high density area could be downzoned. The cluiater or multi-family housing might. be used by older people with no children. In either case, the worst thing that could happen would be! that the City of Denton would have the right-of-way whether the road was built or not, Council Members McAdams stated that the possibility of downzoning would not necessarily be pleasing, It would depend on how it was City of Denton City council Minutes Meeting of January 7, 1986 Page Twenty dune, There currently ;as a 50 units per acre, mulci-story portion ` in the planned development. Miller could come back to Council and F ask to have this put down to 3-story units and put 30 units per acre and say that this was less dense. From the perspective of the Council, it w:)u]d riot be less dense, because they would be crowded. The market dictates what will happen. There were no guarantees that there would not be changes made in the planned development and soon 1 the document would not remotely resemble what the Council was ' considering at this meeting. Anderton responded that much of the property would remain as presented due to the fact that it abutted the lake property. i ` Co!;ncil. Member Stephens asked if the entire 2,000 acres which Miller ` of Texas owned was inside the city limits, Anderton responded, yes; there were approximately 1,200 acres in this parcel and an additional 800 acres on the west side of Denton. The Mayor closed the public nearing, Jeff Meyer, Director of Planning and Community Development, reported that 3 reply forms were mailed with 0 returned, This was an unusual cases it was a planner's dream to tie up this much land and know exactly what was going to be done. It was also a planner's nightmare, because, if it was not done right, the City was eft with the end result torever. The developer was asking for much nore than the Denton Development Guide allowed in the areas of density/ intensity, but, in turn, they would be giving the City streets, improvements to existing roads, parks, etc. If the Council wished to accept this planned development, he would ask that they also adopt the conditions as recommended by staff which went far above and beyond the conditions recommended by the Planning and Zoning Commission, He did not blame the P&Z. There was a lack of information, and information was being received late, however, he did not feel that there were enough restrictions. The Council agenda back-up material showed that the City was pretty restrictive 1 in what was allowed, and the Council would still have comprehensive site plan and plat approval. If the Council wished to approve this petition, Meyer asked that they please take all of the staff recommendations on conditions which were very restrictive. This proposal did violate the Development Guides however, the developer did make a concerted effort to work with staff in trying to work out trade-offs. It had been suggested that this may have been pushed through too fast. Another possibility was to table the request and further restrictions could be worked out, Staff had reached an agreement with the developer on the conditions. The Council had to r,ecide if they wanted to allow the density in order to get the guarantee of the streets, Staff was caught in the middle. While they loved to be able to plan thin much property, thts was density. When completely built out, it wou'.d, in effect, double the population f of Denton. This would happen anyway, some where in time. Council Member Riddlesperger asked if staff had calculated how much this would cost. Meyer stated that staff had never received the economic analysis which they wanted. Nationally, a residential development never paid its own way. If the City realized a $5,400,000 asset due to this development, we would, in turn, have to build fire stations, police departments, squad cars, parks, etc, There would be a $250,000 donation for parks and the land, but it would cost $2,000,000 to $3,000,000 to build it. The same was true for the school district. The tax information which was generated was not matched against actual cost. Council Member Chew stated that he felt all of this type Information was pertinent to making a decision. There waif no way the Council could review this project without all of the pertinent information and make an intelligent decision. City of Denton City Council Minutes Meeting of January 7, 1986 Page Twenty.-One Council Member Riddlesperger stated that he thought this proposal had been rushed d little. Council Member Stephens stated that Meyer had mentioned that the costs would far outweigh the benefits, Mr. Anderton and Dr. McKee had stated that there would he $5,000,000 in excess revenues after the city .:oats has been figured in. Meyer responded that he did not agree. If a financial analysis was to be presented, someone else should look at it from the other side. He could not think of any other area in the country where residential development paid its own way. If this was true, the city would not be raising taxes every year. i Council Member Stephens asked if another econoric analysis would show what the increases in taxes would have to be to pay for the services to this area. Meyer responded that staff would have to know how many additional cars would be needed by the Chief of Police, how many people he would need for staffs etc. Meyer then stated he did not want to be r taken wrong. he felt the developer was sincere, and this could be a tremendous asset to Denton, but "let's not give away the store." i Mayor Pro Tem Hopkins asked how long it would teke staff to get the data together for a work session. Meyer responded that within a month, staff could gather all ~.f the information, Mayor Pro Tem Hopkins stated that it appeared to him to be a very rushel situation, and he did not see all of the information which he ' wan'.ed to absolutely tie down on paper some of the issues. He would like to see what would happen with the two thoroughfares. He also would like to see what the income from increased sales tax and ` revenues would be. Another question was who was going to work where - he did not feel the assumption could be made that all of the residents of the new development would work in Denton. It also could not be assumed that the only income to the city which would be forthcoming from this development would be taxes. Meyer stated that Council also had to remember that the a.ea would develop anyway, and the City needed to get the best quality growth possible. Mayor Pro Tem Hopkins stated that the north/south corridor was very important to the City and felt a work session could work out some of these problems. Council Member Chew asked if a continuation would be in order. Council Member Riddlesperger asked would it not be proper to refer this back to the Planning and Zoning Commission. The vote from Planning and Zoning was 3 to 2. Because of the hesitation on their part, it seemed to him that the proper thing would be to send it back to Prx Z to work out the details and then to make another recommendation to the Council, hopefully with a better vote than 3 to 2. Meyer replied he wanted to point out that the City did not have any economists on staff. Council Member Chew stated he felt that, with the proper information in a work session, the Council could work through this problem. City of Denton C+ty council minutes Meeting of January 7, 1986 Page Twenty-Two Meyer responded the same problems would exist. The staff liked the aspect of having one plan tc work with. If staff had to deal with multiple developers for this same parcel of land, it would be terrible, There was no doubt in his mind that Miller of Texas would sell oft pieces of this propertyi they would not develop all of it themselves, That was the history of land development in North Texas, Mayor Pro Tem Hopkins stated that if developed by multiple ' developers, the City would not re,;eive the north/soutl -orridor. Meyer replied that also, under this configuration, there would be a single plan, and any changes would have to come to Council for amendments, Mayor Stewart stated that this would be a safety valve because amendments would have to go through the staff and the Council. Meyer responded that one of the recommended conditions was for a comprehensive site plan and plat approval which gave the Council two opportunities to approve any amendments, Council Member McAdams stated that one of the things which she would like to see addressed in anv additional information was the parks. There was a lot of talk about the leasing of Corps of Engineers property, which would be quite expensive, She felt it might be possible to develop facilities along the lake which might pay for themselves through'fees, Even if this were done, t did not address the need of the projected 20,000 population in the proposed development for neighborhood parks. There seemed to be a definite shortage of neighborhood parks, It would appear that those living in cluster homes or high-risen would have a need for green space. This green space would be needed near the homes and riot over by the ` lake whero a type of regional park would exist, No very much information regarding this need was available, and amount offered was well below what the Council had previously recommended as the t acreage which should be dedicated to the City by developers. There fl seemed to be no discussion of what would take the place of the park areas, t Mayor Pro Tern Hopkins stated that a study of that issue would take into effect the Corps land and what could be done with it. Meyer stated that he felt the developer was sincere in wanting to build a quality environment. Maybe a delay was the best thing. Council Member McAdams stated that she certainly was not trying to suggest that the developer was trying to "get to" the City in any fashion; however, site thought that the market was going to be a controlling factor. The Council could state what they wanted) however, if the developer got half-way through the development and it lust would not sell, then the City had a problem, The Council should look at this with that possibility in mind and make sure that there were some reasonable alternatives. Council Member Stephens stated that it had been said this project was a challenge to the community. He wanted to mention to Mr, Anderton that he appreciated the interest of developers in working with the City of Denton, The City was going to grow and everyone wanted to have a managed geowth. Tha questions from the City Council were not meant to be inhospitable, but they were used to people foV owing the guidelines for development. Since this wan "off the wall", it took a while to get used to it. There was only one paragraph in the agenda back-up materials dealing with utilities. If an economic analysis or impact study was to be done for a study session, he would like to have more information on the utilities, water and sewer issues had been only briefly addressed. The wastewater treatment plant was scheduled for upgrading in 1995; it might need to be upgraded sooner if this development were 1 City of. Denton city council minutes !Meeting of January 71 1986 Page Twenty-Three approved. This would tie in with the study that Dr, Littlefield was conducting. It might affect what the cost of the seEvice would be and what would be the source of funds, Meyer responded, that was correct. There was the question also of dual certification. Mr. Anderton might opt for City of Denton electric utilities if the propert were sold, the new owner might want. Texas Power and Light. Council Member Stephens asked if this could be tied down? Also, nowhere had he seen the oversize cost issue addressed, The developer would put the infrastructure in place on their property, The City would have to connect to itl what would that cost? In time, the City would be reimbursed as people tied onto the system. His concern was what voula have to be added to the rates for existing ratepayers until the pro rata money was returned and where would this money come from now? The City had been able to absorb this cost due to piecemeal development in the past, This was significant growth and might present funding problems, Acting City Manager Rick Svehla reported that he thought it was important to understand that there were problens and staff had attempted to addr!,3 them. It needed to be kept in everyone's mind that if the property was not developed in one large piece, the city ` had a history of having problems in obtaining right-oE-way and agreements on building structures. It was a definite plus that Miller was ready to agree to these. Regarding utilities, he also wanted to be sure that Council Member Stephens understood that Miller of Texas was agreeing to build to the plant, in other words, the city would not be building out to the &,velopment for them to ' connect. Staff would be glad to furnish additional information regarding police and fire services if that was the wish of the Council. It was difficult to talk about street replacement costs because most of this development would be built out before those costs were incurred, Normally, streets were designed for a 30-year life. If he understood the developer's plans and projections, he was talking about a 5- to 10-year build out. In terms of this type of data, limited data was given due to the fact that not very much costs would be incurred during the first 10 years. Meyer stated that he felt it was incumbent upon the developer to F provide this type of information. Staff would analyze the datal however, if staff had to gather the information, they were doing the I developer's job. II Council Member Stephens stated that he had previously been referring to oversizing of utility lines - getting the pipe out to where the developer would tie on. The line was going to eventually serve more than just this acreaSe and, therefore, any oversizing would be done now, and he was referring to the cost and the source of funds. Another point. regarding the sewer line was that„ even though the developer built the line from their property to the plant, the capacity woula be used up at the existing plant at a faster rate. The Council had earlier discussed impact fees, and this was a concern which should be addressed here. Chew motion for continuance until the first Council meeting in February so staff could gather the information which the Council needed. Council Member Riddlesperger stated that he felt this was a short time and still thought the Planning and zoning Commission should be involved. He felt the P&Z should clear the proposal and refer it back to the council. Mayor Stewart stated that the P&Z had already reviewed the planned development and made their recommendation to the Council. The public hearing had already been held. L MetEinq of ~tJanuaryy7p 1986 minutes Page Twenty-Four Council Member Chew asked Meyer if 30 days would be adequate, Meyer stated that he could only speak from the City's side. The developer had a clock ticking on his money. Meyer then stated that the developer suggested that the Council make their minds up one way or the other. Council Member Stephens asked, when? Meyer responded now, Mr. Anderton requested to speak to the Council. Mayor Stewart asked if two members of the Council wished tr hear Mr, Anderton. Council Member Chew stated that he wanted to bo. sure that this was what Mr. Anderton was saying. Council Member McAdams stated that she wanted to be sure that, without the information the Council wanted, Mr. Anderton wanted them to make a decision. Mr, Anderton stated that what the Council saw before them at this meeting was 700 acres. This project might seem new to many people. They had sent letters asking for input over six months ago to address the size and particular problems which a project of this size would bring to the City of Denton. In working with staff, the same information which the Council was asking for now, they had asked for in the very beginning. In return, they had been asked to commit more and more money and provide more and more commitment from their side of the table. To be more specific, when this 704 acres was brought in, they had asked at that time to have meetings with all department heads, which they had held. All the same issues which the Council was asking to have resolved at this meeting had been around the table once or twice. He understood that this could be put off and put off until the perfect development in everyone's mind r.ould be achieved. He felt it was unfair when the developer made a commitment of this size and, in effect, had capitulated on every request from the City to delay. Their clock kept running and there were other alternatives available. Miller of Texas had never said that they had to have this particular plan. This was what had evolved out of all of the meetings. They thought they had an agreement with staff as near as they could prior to this meeting. Another delay would place a burden on them when every month the interest was costing them $400,400. They were a little disappointed that they were not better represented at this meeting from the City staff. There was no issue which the Council had brought up which they wanted an answer for, either now or 30 days from now, that they had not addressed two months ago. Why wait any longer? It seemed to him that the Council would like to have a project of this type, when they considered that this was only one phase. In other words, the Council would have opportunities to address the key issues on the southern route 30 days or six months from now. If Council wanted to reduce tha density, that could be done on the southern portion of the development. This whole project was either going to work or not work based on the densities. Miller of Texas could not build a $9,000,000 road without the units and that would not change. Council Member Riddlesperger stated that this was the biggest single development which the Council had faced, and they would like to have all of the so-called agreements and understandings tied down. What the Council was saying was that they wanted everything spelled out and agreed to very specifically so that they woulJ know exactly what they were doing. At this point, all they could look at were the recommendations by staff, and agreements and understanding which had been talked about at this meeting. He personally felt this was a V City of Denton City Council Minutes Meeting of January 7, 1986 r Page Twenty-Five F tremendous thing for Denton. All those who spoke against t:he development were not opposed to concept but were rather concern^d that specifics be tied down, That was what the Council was asking for in this wait to make the final decision in 30 days. It was not r that the council did not appreciate the work which had been done with the staff. Anderton replied that this was where he was confused. They thought • they had addressed all of those issues in the last revision of the plan. Before council were specific conditions which were st)eclfi- cally designed and drama to tie down what he felt were the issues which were raised by the Planning and Community Development Department. He had given the City what. Miller of Texas could live with, and he thought this information was in the additional conditions. I+ Mayor Stewart asked tor. Anderton if he could live with the staff recommendations which had been made. Anderton responded, yes. On every issues which was made, every condition which S'aff had added, Miller had agreed to give in to ! those, Mayor Stewart stated that there were a number of recommendations which had been made. The Director of Planning and Community Development had suggested that the Council adopt those staff conditions could Mr. Anderton live with that? Anderton respo.l'ded, yes. On the first phase, Miller of Texas could live with every one of those conditions. They had serious financial commitments that they had to make now on the additional 400 acres, or the main tie, which would in effect be the first to actually see development, They actually had bought time. Everyone, especially David Ellison, had been told that they needed to have this done before the end of the year because that was when their time was up t on their contract. They had already delayed and committed money and thought they had the issues resolved. As far as Council Member McAdams questions regarding the park situation, Steve Brinkman could address those. All of these things had been addressed. Council Member McAdams stated that the issues were not addressed in the materials which c:he Council had. She also felt it was a little ` bit unfair. Mr. Anderton spoke of having wo.ked on this plan for six months or so, and then he came before Council with this type of information and was asking them for a decision. The Council had a responsibility, ~o the citizens of Denton as a whole. This was their first look at this, and he was asking the Council to say yes or no right now because Miller of Texas did not have time to wait anymore. She did not believe that was a fair attitude and frankly, without looking further and having additional answers, she would not vote in favor of thf; proposal, She felt it could be a positive thing for Denton, but £3he did not know that for certain in its present form without some additional information. If Mr. Anderton could afford to wait, there was a possibility that the Council would say yesi however, if he could not wait, as far as she was concerned, she would vote no. Anderton stated that Ms. McAdams had made it clear that, with present information, she :,as against this. Did they not have the opportunity to hear what the other Council Members felt as it may or may not be worth their waiting. They had given all that they could. Council Member Chew stated if Mr. Anderton pressured a vote at this meeting, he would vote zo due to a lack of information. tie was for growth and felt this development could be a positive thing for Denton but he could not be pressured into making a decision of this nature without the proper knowledge. Council Member Stephens stated that he wanted to see the economic analysis with the negatives and positives. City of Denton City Council Minutes Meeting of January 71 1986 Page Twenty-Six Mayor Pro Tem Hopkins stated that he would echo Council Member Riddlesperger's comments regarding the people who had voiced an opinion on the project were seeking specifics to be tied down. This was all that the Council really needed. They all felt this was a very positive thing, but they did want to tie those things down in their own minds. The Council did appreciate the work that Miller of Texas had done. The council had been aware of this project for approximately one month, and it was somewhat difficult to get into a • project of this magnitude, Hopkins further stated that he did not and lie wanted to and would prior to voting. Anderton asked what information ?.t was that the Council required and who would furnish it. He had provided information through the consultant studies, even though he had paid for them but had no input, and it appeared that the Council was now saying that they did not accept the figures. Thirty days from now, how would the Council get the answers which they would believe? Miller had given the Council a set of figures, and what he was hearing was that none of them were accepting them on their merit. He felt that the City should come up with figures to dispute the consultant reports. If t'iey did not feel there would be a $5,000,000 cash flow plus when ` the development was completed, show him why. They had asked before for the City to provide this; it was not his job to run the City. Mayor Pro Tem Hopkins stated that Mr. Andertun was exactly right. The Council did want the staff to put together figures for their study, ► Council Member McAdams stated that the council was not saying the figures were incorrect, only incomplete, They only showed the income and not the expenses. Anderton stated that the figures did reflect all of the expenses which Miller of Texas had been given by staff. Council Member McAdams stated that she was sorry if Mr. Anderton was not given something which he should have had, what Council was ' saying now was that they would like to have it before they made a decision. Council Member Riddlesparger stated that Mr. Anderton had answered some of the Council's questions at this meeting. An example was the completion of the connection to Interstate 35. None of the Council had any indication that this was possible, although it had been discussed. The Council wanted to have tied down what they were agreeing to; what was Miller sv;ggestinq at this meeting that had not been done before? Mayor Stewart stated that he felt it was tied down by the staff recommendations. If these were agreed to, it would tie it down. He felt personally that Miller had done a good job. Maybe in a month, the Council might accept its however, he felt if the conditions as recommended by staff were attached to the planned development, he personally was willing to vote for the project at this time. l Council Member McAdams stated that one of her problems was that the conditions were not in place when the proposal was before the Planning and Zoning Commission, The answers to the questions which might have been asked at that point, were missing. This was not the usual manner to handle this developments. This was a tremendously changed packet from what had been reviewed by the P&z because of the add-one, I Mayor Stewart stated that Jeff Meyer had said it was a good thing if accepted with the staff conditions. He had asked Mr. Anderton if lie 'I were willing to accept the staff conditions, and he had responded, C yes, i k l City of Denton city council Minutes Meeting of January 7, 1986 Page Twenty-Seven Council Member McAdams stated that this lid not answer some of the other questions that might have been a .ed if those same conditions had been in place when the proposal was before the Planning and ` Zoning Commission. Mayor Stewart stated that he understood Ms. McAdams concerns but also felt that Mr. Anderton deserved an answer, and he was willing to give him one, Meyer rep ted that it would take some time for each department to produce t tyres of figures which were being asked for by the I Council. Council Member Chew stated he felt the staff snould drop other projects auo get this done. Mayor Stewart stated that there were other developers who were coming in who needed work done and staff could not drop everything. Council Member Chew stated that was correct, but staff could drop enough things to get this project done. Anderton stated that he appreciated the Council's comments and, if Meyer could get the data in 30 days, he would like to have the information a few days in advance of the meeting. At 5:00, prior to going before the Planning and zoning Commission, he had been handed the requirement to build the six lanes all the way and at the beginning of the project. If Miller of Texas and the staff could work together, he would Is id the assistance of the consultants that he was paying. If they could be assured that the bottom line costs from the City would be ready in 30 days, they would be happy to acquiesce and wait until that time. Council Member Chew stated that the meeting would be on February 4, 1986. Hopkins second to the motion for continuance until February 4, 1986. i Council Member Stephens stated that Mr. Anderton had said something which bothered him. He had stated that he had received the informa- tion just prior to the Planning and Zoning Commission meeting. How much time was given the Planning and Zoning Commission with Dr. McKee's study? Dr. McKee responded that the report was given to the P&Z on the day before Thanksgiving. Council Member Stephens stated that the P&Z members probably saw the report on Sunday or Monday and then had their meeting on Wednesday. That did not give them enough time to study the figures. Council Member Alford stated that the Council had all basically said the same thing which was that their concern was for what was beb_ for the City of Denton. He did not think that anyone could look at what ~,as happening and not feel some excitement in the plan. The Council needed the time for study so that they could ultimately do what was fair for everyone concerned. Mayor Pro Tern Hopkins stated that he felt it would be appropriate to have a work session to go over the staff's recommendations one at a time, perhaps on the next Tuesday. He also wanted to compliment the d(veloper. There had been no project which had ever been before the Council which had the data and input as this one had. Vote on the motion to continue until February 41 1986 passed 6 to 1 with Mayor Stewart casting the "nay" vote. B. The Council held a public hearing concerning the request of Miller of Texas for voluntary annexation of 801.705 acres f City of Denton city council Minutes Meeting of January 7, 1986 Page Twenty-Eight r i situated in the M.E.P. & P.R.R. Survey, Abstract 14701 the E. F. F Anderson Survey, Abstract 16) the E.A. Orr Survey, Abstract 9831 the G.W. Anderson Survey, Abstract 121 the M.E.P. & P.R.R. Survey, Abstract. 15021 and the T & P Survey, Abstract 13022 ;io ntoRnanch nand ` Texas; being part of a tract known as the C (Aen r beginning south of U.S. Highway 380, east of Fh 156, and west of Egan Road. A-32 The Mayor opened the public hearing. Cecile Carson, Urban Planner, spoke in favor stating that this was fl voluntary annexation request by Miller of Texas for approximately 802 acres. The property was located in the most western extremity of the C;.ty of Denton, west and north of the Airport. It was roughly 2 miles from the runway, This was the second public hearing • with the final action scheduled for March 4. Staff had not received a zoning proposal submittal at this time; however, some preliminary drawings had been provided. A zoning request was anticipated to be submitted in the near future. Five reply forms had been mailed with one returned in favor and one in opposition. r No one spoke in opposition. The Mayor closed the public hearing. Hopkins motion, Chew second to continue with the annexation proceedings. Motion carried unanimously. 3, ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for award the contracts for the purchase of materials, equipment, supplies services. The following ordinance was presented: 1 NO. 86-01 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICEbj PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EF'r'ECTIVE DATE, McAdams motion, Riddlesperger 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 considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvement:, The following ordinance was presented: NO. 86-G2 AN ORDINANCE ACCEPTING C011TETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS :?CR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE, EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE GATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye,' Alford "aye," Riddlesperger "aye," Chew "nay," and Mayor Stewart 'aye.' Motion carried 6 to I with Council Member Chew casting the "nay" vote. C. The Council considered adoption of an ordinance nce providing for the expenditure of funds for emergency purchases such ipurchases from accordance ii p r ments materials, rovisions of state t~law supplies u of competitive bids. 1 =MIA f City of Denton City Council Minutes Meeting of January 7, 1986 Page Twenty-Nine t r The following ordinance was presented: NO, 06-03 AN ORDINANCE PROVIDING FOR THE EXPI:,NDITURE 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 . BIDSI AND PROVIDING FOR AN EFFECTIVE DATE. I McAdams motion, Riddlesperge[ second to adopt the ordinance. On IIII roll call vote, McAdams "aye," Hopkins "ay,?," Stephens 'aye," Alford "aye," Riddlesperger 'aye," (,hew "aye," and Mayor Stewart 'aye." ` Motion carried unanimously. D. The Council considered adoption of an ordinance • approving an employment agreement between the City of Denton and the City Manager. Mayor Stewart stated that he had placed this item on the agenda. At the direction of the Council, a contract had been entered into on December 30 with Mr. Lloyd harrell. The Mayor then asked if the contract agreement met all legal requirements. Debra Drayovitch, City Attorney, reported the contract was in order. Mayor Pro Tem Hopkins stated that he believed the citizens of Denton would be very well pleased with Mr. Harrell. Council Member Alford stated that many citizens had expressed their approval of the Council's selection, The following ordinance was presented: NO. 86-04 AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY MANAGER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT} APPROVING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIJ' G FOR AN EFFECTIVE DATE. McAdams motion, Chew second co adopt the ordinance. On roll call vote, McAdams "aye," Hopkins 'aye,' Stephens "aye," Alford "aye," I Riddlesperger 'aye,' Chew 'aye," and Mayor Stewart 'aye." Motion carried unanimously. E. The Council considered adoption of an ordinance and service plan annexing approximately 296.97 acres being part of the I. Coy Survey, Abstract 212, J. Ayers Survey, Abstract 21 W. Burleson Survey, Abstract 93, B. Burleson Survey, Abstract 249, and the R. Johnson Survey, Abstract 666. (Proposed extension of city limits 3 1/2 miles along I-35N,) A-26 Mr. Steve Shutt, City Manager of the City of Sanger, presented a lettev from the City of Sanger City Council as well as a map of the proposed annexation parcel which outlined the statutory extraterri- torial jurisdiction line as establiskied by a earlier city limit, Several property owners who would be, due to this annexation, in the extraterritorial jurisdiction of Denton were asking to be placed in the Sanger extraterritorial jurisdiction. Also shown on the map was the creek and the tributary to the creek as well as the back, or north side, of the properties in queetion. He also presented letters of petition from these property owners. From Rector Road north there was a marked descent to Clear Creek. At the base of Clear Creek at an elevation suitable or gravity flow, Sanger had planned a lift station and sewer main which would circle the community which would be most likely -Le installed in 1986, This lift station would be capable of servii:q the downslope of this hill running north from Rector Road. Two of the property owners in the r E r City of Denton City Council Minutes Meeting of J•'inuary 7, 1986 Pag-a 's'hirty Ir area were severely split in two by the difference of ex'rater- ritorial jurisdiction of Denton and Sanger, Both preferred to be F within the jurisdiction of Sanger. because of the possibility that Sanger could provide utilities quicker. One of the properties was considering immediate development and would require the utility r services very quickly. The other property owners had more of a nostalgic interest in remaining in the Sanger extraterritorial jurisdiction due to having been a part of the community for many • years. Mayor Stewart asked if these properties were currently in the Denton extraterritorial jurisdiction. I Shutt responded, no, not totally. One of the properties was within thi Sanger extraterritorial jurisdiction. The other property, which wanted to develop, was also in the Sanger ETJ, if this annexation • were completed and these owner tried to develop the property, they would have to work with both cities. Sanger was in the position to provide utilities to the area. Council Member Stephens stated that the Council had discussed Rector Road as a logical line of demarcation. He would like to see Denton establish this as the line and work out an agreement with Sanger, provided that Sanger could receive petitions for annexation between Rector Road and the current Sanger city limits line. Shutt stated that the City of Denton had expended a considerable amount of time on this annexation, and he understood that there was still 30 days left to complete the procedure. Mayor Stewart stated that final action had to be taken on this particular annexation at this meeting. Denton could complete the annexation and then negotiate with Sanger. The following ordinance was presented: NO. 86-D5 1 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 296.97 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE I. COY SURVEY, ABSTRACT NO. 212, J. AYERS SURVEY, ABSTRACT 2, W. BURLESON F SURVEY, ABSTRACT 931 B. BURLESON SURVEY, ABSTRACT 249 AND THE R. JOHNSON SURVEY, ABSTRACT 666, DENTON COUNTY, TEXAS) CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, McAdams second to annex a 500 feet strip rather than the proposed 750 feet strip. Debra Drayovitch, City Attorney, stated that there was a provision in the Charter that, if an annexation ordinance was amended, it would take 4/5 vote of the Council to approve., and it then had to be published again and another 30-day waiting period would be required. Hopkins motion, Riddlesperger second to amend the motion to annex the 750 feet strip as specified in the ordinance. On roll call vote, McAdams "nay," Hopkins "aye," Stephens "nay," Alford "aye," Riddlesperger 'aye,' Chew "aye," and mayor Stewart "aye." Motion carried 5 to 2 with Council Members McAdams and Stephens casting the "nay" votes. F. The council considered adoption of an ordinance and service plan annexing approximately 92.8 acres beginning approxi- mately 500 feet north of Highway 77 and approximately 10050 feet east of I-35N and lying and being part of the A. White Survey, Abstract 1406, the M. May Survey, Abstract 807, and the S. Johnson Survey, Abstract 683 A-28. . City of Denton City Council Minutes Meeting of January 7, 1986 Page Thirty-One The following ordinance was presented: N0. 86-06 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF D£NTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 92.8 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE A. WHITE SURVEY, ABSTRACT NO. 106, THE M. MAY SURVEY, ABSTRACT 807 AND THE S. JOHNSON SURVEY, ABSTRACT 683, DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT r PROPERTY; 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 "aye.' Motion carried unanimously. G. The Council considered adoption of an ordinance and service plan annexing approximately 59.6 acres located at the northwest corner of FM 2164 (North Locust) and proposed Loop 288 and lying and being part of the T. Toby Survey, Abstract 1288 A-29. The following ordinance was presented: No. 86-07 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 K9.6 ACRES OF LAND LYING AND i3EING SITUATED IN THE COUNTY of DENTON, STATE OF TEXAS AND BEING PART OF THE T. TOBY SURVEY, ABSTRACT NO. 1288, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL 'A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Stephens motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins 'aye," Stephens "aye," Alford 1 "aye,' Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye.' k Motion carried unanimously. H. The Council considered adoption of an ordinance amending Ordinance No. 85-147 to provide for a corrected legal descripti.>n of the property thereby rezoned: and providing for an effective date Z-1753. The following ordinance was presented: NO. 86-08 AN ORDINANCE AMENDING ORDINANCE NO. 85-147 TO PROVIDE l FUR A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZONEDI AND PROVIDING FOR AN EFFECTIVE DATE. Stephens 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. I. The Council considered adoption of an ordinance for proposed oversize agreement with SSD Addition, owners Richard B. Cushman and Carolyn S. Cushman and/or their assigns for a new water line. Bob Nelson, Director of Utilities, reported that this was a standard oversize agreement and would extend a water line approximately 700 feet along Highway 380. I I f City of Denton city council Minutes Meeting of January 7, 1986 Page Thirty-Two The following ordinance was presented: NO. 86-09 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING OVERSIZE WATER LINE r FACILITIESr AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR, • AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Chew second tc adopt the ordinance, On roll call vote, McAdams "aye,' Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart 'aye," Motion r carried unanimously. J. The Council considered adoption of an ordinance authorizing the Mayor to execute a statement of agreement between the American Red Cross and the City of Denton relative to disaster prepLredness; and providing for an effectivo date. Bill Angelo, Assistant, to the Director of K;blic Works, reported that this was a ror,tine ordinance. This had been an informal agreement in the past, and the ordinance would put. all of the f conditions in writing. ' The following ordinance was presented: i NO. 86-10 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A STATEMENT OF AGREEMENT BETWEEN THE AMERICAN RED CROSS AND THE CITY OF DENTON RELATIVE TO DISASTER PREPAREDNESS; AND PROVIDING FOR AN EFFECTIVE DATE. ' 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. K. The Council considered adoption of an ordinance authorizing purchase of real property (Lot 41 Block 31 Oatman ! Addition - Owner James D. Swanson and wife, Jackie V. Swanson). ' Acting City Manager Rick Svenla reported that this was the property on Mingo Road which had been discussed earlier. The purchase was to f obtain right-of-way. The following ordinance was presented: NO. 86-11 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREIN; AUTHORIZING 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,' Hopkins 'aye,' Stephens 'aye," Alford 'aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart 'aye.' Motion carried unanimously. L. The Council considered approval of an ordinance approving a contract providing for the purchase of real property by the City of Denton, Texas, from Mayhill Road Realty Company; ' a~ithorizing the expenditure of funds thereforl and providing for an effective date. Br), Nelson, Director of Utilities, reported that the purchase was for 8/10 of an acre under Texas Municipal Power Agency line off R r City of Denton city council Minutes i Meeting of January 7, 1986 Page Thirty-Three Paige Road, The property would be used for a substation in the southeastern portion of the City, The appraised price was $111,065, F All agreements had been finalized with the property owner, The following ordinance was presented: NO, y6-12 • AN ORDINANCE APPROVIiVG A CONTRACT PROVIDING FOR THE PURCHASb OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS FROM f MAYHILL ROAD REALTY COMPANY; AUTHORIZING THE EXPENDITURE OF ' FUNDS THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE, Hopkins 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. 4. There was no official action on Executive session items of legal matters, real estate, personnel and board appointments, 5. The following items of New Business were suggesteO by Council Members for future agendas: A. Mayor Pro Tem Hopkins asked to have the annexation item placed on the agenda in a few weeks - after Sanger has received any petitions for annexation for the area in j question, He would like to reduce the annexation strip to 500 feer.. B. Council Member McAdams asked to have a 5:00 p.m. work i session on the Miller of Texas petition at the next council meeting. She would like to have different staff members present their information to the Council, Consensus of the City Council was to meet on January 14 at 6:00 p.m. ' to discuss the conditions which the staff had attached to the Miller of Texas petition, C. Council Member Riddlesperger asked if the proposed no smoking ordinance would be prepared for the next Council meeting. h Debra Drayovitch, City Attorney, reported that the draft ordinance would be ready for the next Council meeting. D. Council Member Riddlesperger asked the City Attorney to prepare an ordinance to take care of the problem of parked vehicles on lawns. 6. The Council reconvened into the Executive Session to t discuss legal matters, real estate, personnel and board appointments. No official action was taken. With no further items of business, the meeting was adjourned. i i RICHARD O. STEWART, MAYOR CHARLOTTE ALLEN, CITY SECRETARY ' 1497a City Council Minutes January 1.4, 1986 The council convened into the special called meeting at 6:00 p.m. in r the Civil Defense Room. PRESENT: Mayor Stewart; Mayor Pro Tem Hopkins; Council Members ` Alford, McAdams and Riddlesperger ' Acting City Manager, City Attorney and City Secretary ABSENT: Council Members Chew and Stephens 1 1. The Council considered the conditions and economic Impact analysis on Z-1779 (petition of Miller of Texas - Lakeview r Development.) i Acting City Manager Rick Svehla reported that the purpose of the • meeting was to discuss the conditions which staff had recommended be attached to the proposed planned development. The economic impact statement on the agenda was to allow Council Members to list any c)ncerns which they might have for staff to research. Staff would discuss at length the economic issues at the January 21 Council meeting. Regarding the utilities, these would be included in the platting procedures at the time of development. Jeff Meyer, Director of Planning and Community Development, lead the discussion on the recommended conditions for the planned development. The first conditior, was as follows: 1. "A comprehensive site plan must be submitted for each parcel before platting is approved. The comprehensive site plan must show all development standards including but not limited to lot dimensions, lot coverage, height, parking, setbacks, ingress and egress, landscaping, buffering/screening, and signs." Meyer reported that this was a standard condition for planned developments and was taken directly out of the subdivision rules and 1 regulations. Mayor Pro Tem Hopkins asked if the developer agreed with all of the conditions as proposed by staff. Meyer responded yes. Mayor Stewart stated that the Denton Independent School District had purchased sites for junior and enior high schools during the last few years at a cost in the hundreds of thousands of dollars. The ~,hool district wanted four additional school sites in the Lakeview (luvelopment; the developer was offering to give three sites for free. If Miller of Texas did not develop the property as one large parcel, there would be no guarantee that school sites would be donated. Council Member Stephens joined the meeting. Mayor Stewart then asked if a 20 inch water line would be required. Bob Nelson, Director of Utilities, reported that a 16 inch water line would need to be extended to the site and a line of sufficient size to handle the entire development from Interstate 35 to McKinney Street. The developer would put in place the entire sewer line system. Staff had not planned to oversize the lines but would consider it if the Council felt it was appropriate. Council Member Riddleeoerger stated that the developer had mentioned that they planned to use City of Denton electric services but this was not listed in the conditions for the planned dc~,elopment. Nelson responded that the City was certified in that area and would work with the developer. Staff felt the City rates were very competitive. t 4 t City of Denton City Council Minut,s Meeting of Januury 14, 1986 Page Two Debra Drayovitch, City Attorney, stated that she would not recommend p imposing, as a condition to zoning, requiring the developer to use ~r city of Denton utilities. It was her feeling that this would then become an anti-trust issue, Mayor Stewart stated that this could be accomplished by an oral agreement. Council Member Stephens stated that the developer could commit to use City utilitios; however, as the pproperty developed, various parcels could be sold. The new owners then would have the option to I use Texas Powur and Light, City electric services, or part of each. Nelson responded that this was a dual certification area, Mayor Pro Tem Hopkins asked if the City utilities could work with I. Texas Power and Light. Nelson responded that was ptssible. Council Member Fiddlespergor asked if Texas Power and Light had to have a franchise with the City of Denton to service this area. Nelson responded uo. Council Member Stephens asled dlr. Lew Anderton, representing Miller of Texas, if they did develop the property with underground utility lines from Texas Power and Light, would these lines have to be installed at the time of de-elopment. Mr. Anderton responded yes, Meyer reported that Miller of Texas had other developments in various planning stages. The utility question would be a good test of their word. Council Member McAdams stated that the City had recently completed a new wastewater treatment plant. No federal funds would be available to help finance anoLher plant. What would this development mean to the timetable established for the anticipated future constructiun of mother plant. Nelson responded the Lakeview developmert would move that up I approximately 1 year, r Council Member Stephens asked if the proposed development on the additional S00 acres to the south would affect the timetable even more. Nelson responded that the original timetable for the additional wastewater treatment plant had some growth rate data built in. Approximately one-half of the anticipated growth rate due to the Lakeview project. was already built into the timetable. Staff had plugged in the other one-half. Council Member :'^Adams stated that Council previously had looked at a less dense growth rate. Nelson replied that a growth rate of 51, which was fairly aggressive, had been built into the original timetable, Council Member McAdams asked how the actual growth rate projections were matching with the projections. Nelson responded that the actual growth rata was somewhat higher than the projected 51; huwevir, the growth pattern in the past had been one of a spurt of growth and then a leveling off. Council Member McAdams asked if the projected rate h.id taken t Denton's location in the Sun Belt into account, 1 - - - City of Denton City Council Minutes Meeting of January 14, 1986 Page Three " Nelson responded that 51 was a fairly aggressive estimate. Mayor Pro Tem Hopkins stated that Council had looked at a 71 grcwth rate during their planning retreat but had agreed on St. Nolson reiterated that approximately one-half of this particular development was already programmed into the system. i Council Member Alford stated that he felt comfortable with what had been programmed in for growth and that the City could take care of the utility needs for this development. Welson reported that the water and wastewater portions of the long range plan might have to be moved up one year. Me development would build out over several years and the utility system could handle their needs. The first phase of the proposed development would add about 700 units per year. s Council Member Alford stated that the City was sec: for the projected growth. Some citizens who had spoke to him seemed to think at the entire development would appear overnight which was not the case. Council Member Chew jcined the meeting. Nelson repotted that staff felt that only one-half of the proposed development could stow as a "bubble" on the growth chart. The remainder of the recommended conditions were discussed. 2. "A tree preservation plan showing all existing trees, all trees to be removed, and all trees to be planted must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan." Meyer reported that a tree preservation plan was the heart of maintaining the beauty of the area, The Planning and Zoning Commission and the City Council would both have to approve the site plan. The developer was in agreement t th the condition. 1. "A detailed landscaping plan must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan," Meyer reported that the landscaping plan would have to be approved by the Planning and Zoning Commission and the City Council. 4. "Developer shall submit a detailed General Development Plan prior to any platting. That plan shall include an exact description of the Infrastructure Improve- ments necessary to allow each phase or tract of land to be developed. The developer shall commit either to phases or tracts of land by designing his General Development Plan to properly match that specific method of development. A traffic study must be submitted and approved by the Planning and Zoning Commission with the General Development Plan. The traffic study must consider but is not limited to the specific planned development conditions listed below." Meyer reported that the developer would have to submit a detailed development plan prior to platting. This was for the protection of the City and the plan would have to be approved prior to any development. Council Member Stephens asked If the traffic study required in this condition would be approved by the Citizens Traffic Safety Support Commission. t V City of Denton City Council Minutes t Meeting of January 14, 1986 Page Pour i Acting city manager Rick Svehla reported that this was usually approved by the Planning and Zoning Commission. 'rho Citizens Traffic Safety Support Commission usually dealt with issues on existing streets and various safety questions. 51 "One hundred twenty (120) feet of right-of-way extending from University Drive (U.S. 3801 to the southern boundary of the development shall be dedicated as condition to approval of the first plat ` of the development." Svehla reported that this condition was for right-of-way in a residential area. Each time a plat was submitted, a ',raffle impact V study would have to be supplied. Miller of Texas was also going to develop 500 acres south of this 700 acre parcel. If the southern $00 acre tract developed first, the same conditions for development as were approved for the 700 acres could be imposed or amended. 6. "Improvements to state roads shall be done at the developer's expense including but not limited to new signals, signal optimization (timing, equlpment, etc.), turn lanes, and any rights-of-way necessary to achieve ultimate development. All improvements shall be determined during the platting process. Svehla reported that this condition was very general in nature and was designed to cover the City during the platting process. Mayor Pro Tom Hopkins stated that signalization would be very important in moving people in and out of this development. 7. "Repaving or overlay of a 24 foot section of Mills and Blagg Roads from the North/South Arterial to Mayhill Road and Trinity Road from Mills Road to McKinney Street is required. The timing for improvements will be determined during the platting process when traffic counts on either Mills, Blagg or Trinity Roads show that 100 vehicle trip:, per day are generated by Lhis development. The developer will be responsible for improvement cost, not to exceed $50,000 per road," Svehla reported that when the vehicle trips per day reached 100, this condition would kick-in for read work. The developer would give $50,000 per road for improvomeut!s. 8. "Developer shall pa; for any slgnalization or road improvements necessary on Mayhill Road due to traffic generated from this development, Those improvements shall be determined '.n the platting process with the total cost of rood improvements on Mayhill Road not to exceed $50.000 for the developer. Signalizatlon warrantn,.3 at the intersections of McKinney Street and Mayhill Road and I.H. 35 and Mayhill Road as a result of this development will not exceed $50,000 for each intersection (or the developer." Svelila reported that this would be determined in the platting process. The total cost on Mayhi).l Road would not exceed $50,000 and the signals were $50,000 each for Mayhill and Interstate 35 and Mayhill and McKinney. 9. 'The phasing for the construction of the road network will be dotermined by the formula below: Construction shall begin when building permits are issued and completion of the road work and improvements must be done before certificates of occupancy are issued or utility connections are authorized. . r City of Denton City Council Minutes Meeting of January 14, 1986 Page Five TT - 0,915(SF) + 0.518(MF) + 0.468(TH) + 4,616(0) + 17.107(R) Where; TT m 't'otal Trips SF - Single-Family (dwelling units) (dwelln TH ■ Townhouse)(dwellinglunits)ts) 0 - Office (per 1,000 square feet) R - Retail (per 1,000 square feet) I The control totals should be; Phase 1 0 trips unaso lA - 700 trips Phase 1B - 1,250 trips phase 2 ■ 4,100 trips Phase 3 - 6,100 trips Phase 4 - 8,180 trips Phase 1, Prior to the Issuance of any building permits, two lanes of the North/South Arterial will be built from University Drive (U.S, 380) to the southern boundary of the project. Phase IA. This phase would require widening of the inter- s'ejetrons at University Drive (U.S. 380) and at Blagg Road. The exclusive right-turn lanes at U.S. 380 and the North/South Arterial will be needed of this time, Phase Ili would require widening the intersections at Mills Road an -at McKinney Street. The exclusive right-turn lane at the North/South Arterial and F.M. 426, southbound to west- bound, will be needed with the implementation of Phase 1B, Phase 2. The North/South Arterial shall be eed to a our- ne divided roadway from McKinney Street to V.S. IT380. improvements associated with this phase include the right- turn lane at Loop 288 and F.M. 426, northbound to eastbound, and the dual left-turn lanes at U.S. 380 and Loop 288, west- bound to southbound. Phase 3. The North/South Arterial shall be expanded to a stxZane divided roadway from University Drive (U.S. 380) to McKinney Street. This phase requires the dedication of 120 feet of right-of-way and the extension of two lanes of the North/Soutii Arterial to 1,H. 35B. 'rhe improvement associated with this phase is the right turn lane at Loop 288 and U.S, 38U, northbound to eastbound, Phase 4. The North/South Arterial must he expanded to a s x• ane divided road from U.S, 380 to T.H. 3SH for full development to occur. Exclusive right-turn lanes at Loop 288 and U.S. 380 and Loop 288 and F',M, 426, eastbound to south- bound, and dual left-turn lanes at F. M. 426 and Loop 288, westbound to southbound, and North/South Arterial and U,S, 380, northbound to westbound, are required with this phase'', Svehla reported the formula in this condition was used to determine total trips on the streets. When those total trip numbers were reached, the developer would be required to fulfill these conditions. Council Member McAdams asked for an explanation of the trip formula. Svehla responded that a residential house generated approximately 8 to 10 vehicular trips per day, The above formula was based on peak traffic hour usage. used further in estimates that vehicular trips was a common denom- Meyer of this na.ure. inator k w' City of Denton City Council Minutes Meeting of January 14, 1986 Page Six Council Member McAdams then asked what would be the average number of trips generated for office/retail usage. F Svehla replied approximately 10 trips for every 1,000 square feet of the office/retail space. ( Council Member McAdams stated that Phase IV was the last phase of the proposed development and asked how much of the streets, would be completed prior to the construction of Phase IV. I Svehla responded approximately 15t, During the completion of Phase III, the City would get the three lane highway to Interstate 3S plus all of the right-of-way. During Phase IV, the City would have the full six lanes built down. I` 10, t1A twenty-five (25) foot setback from the right-of-way is required along the North/South Arterial on the east and west sides of the arterial and on the north and south sides of McKinney Street. A reduced setback may be requested by the developers with the comprehensive plan and landscaping pplan when these documents are submitted for approval by the City Council." Meyer reported that this condition was very general in nature, The developer could request a reduction of the setback during platting, The Council could, however, deny the request, 11, 'No parking areas are allowed in any front yard setback or in the 25 foot setbacks outlined above,;' Meyer reported that this condition was negotiated by staff with the developer and the developer had agreed to this condition, 12, f'All major drainage channels are to remain in their natural state after cloanout at the developer's expense, Floodway to be dedicated to the City of Denton, All minor drainage channels are to be concrete constructed unless approved by City staff and Planning and Zoning Commission." Svehla reported that two major channels flowed through the proposed development, These channels would be left in their natural state and the developer would be responsible for cleaning them out, Mayor Pro Tem Hopkins asked If the development would drain into the .lake. Svehla responded yes. Mayor Stewart stated that there could be a problem to any future development to the west of this parcel and felt it was good to leave the major creeks natural. If future development to the west wanted to change the channels, it would be the responsibility of those developers to return the water to its natural state before it flowed into Lakeview, Meyer further reported that this issue was covered in the Denton Development Guide as well as the Subdivision Rules and Regulations. 1,3, "Sidewalks will be required along the south and west sides of all streets in the development." Meyer reported tnat this condition was consistent with all other new devolopment In the Clay. 14. "Two hundred and fifty thousand dollars ($250,000) will be provided by the developer to the City of Denton for park purposes prior to the issuance of any building permits." Stove Brinkman, Director of Parks and Recreation, reported that his department was willing to take the money and it would be helpful in t City of Denton City Council Minutes Meeting of January 14, 1986 Page Seven defraying park development costs to this area. The Parks and Recreation department would like to see a greenbelt area in this quadrant of Denton due to Pecan Creek, Lake Ray Roberts and Lake Lewisville which offered a unique situatlon. This proposal would open Lake Lewisville to Denton citizens off McKinney Street rather than at Highland Village. His department had been working with Miller of Texas for some time and they had been very helpful in working with staff on a park plan. The City had depended on developers to dedicate parkland and, In the past, this had been very spotty. There were three options available for parks in this project. The City had a joint agreement with the Denton Independent School District for joint park and school site land use. Many sites in this proposed development were adjacent to large parcels of Corps of Engineers lands which would give the City more park lands for neighborhoods. These large areas could serve as regional park ` areas, rho Corp of Engineers did work with cities in alleviating `►s the maintenance costs. Mayor Stewart asked if staff had checked with the Corp regarding whether this could count as a portion of the City of Denton's park space on Lake Lewisville. I Brinkman reported that the Corp would be working with Bob Nelson on this issue. ;4ayor Pro Tem Hopkins stated that this park area could tie in to the Lake Ray Roberts greenbelt, He then asked if Pecan Creek would become a very viable and defined creek when the level of Lake Lewisville was raised. Brinkman responded yes; many possibilities, including a golf course, would be offered. Council Member Stephens asked what was the status of the mandatory ' arkland dedication ordinance. The proposed ordinance would require 101 of the property be dedicated for parks. Brinkman responded that the ordinance had been referred back to the Planning and Zoning Commission for a work session, A public hearing would be held and then the ordinance would be placed on a future ' City Council agenda. Council Member Stephens stated that in the Lakeview project, only about 11 of the total development was being designated as park area. Brinkman replied that other park areas were possible, as well as the Corp of Engineer land. 1 Council Member Stephens asked how far ,$2500000 would go in the development of parks. Brinkman responded that this was a very small amount; however, it was the single largest donation which had been received to date, ` Council Member Stephens stated that the parks would be phased in with the development, Council Member McAdams asked how the joint development worked between the School District and the Parks and Recreation Department, Brinkman responded that the school was responsible for the school building and the parking lot and the City was responsible for the playing fields. Council Member McAdams asked regarding the Lakeview development, if the school was not constructed immediately during the first phase, would the City proceed with the development of the park, Brinkman responded yes. R 1 City of Denton City Council Minutes Meeting of January 14, 1986 Page Eight Council Member McAdams asked how much would this cost. Brinkman responded approximately $250,000. Council. Member McAdams then asked how much did the City anticipate I_ for funding for the development of the first park area. Brinkman replied that the developer would furnish $250,000. After that , the mandatory parkylenwould d dedication othe arks as rdinance would they could. The proposed Council Member McAdams stated that the developer was proposing cluster housing and SP-7 (single-family) in the first phase. One park would not be much to serve this area. Also mentioned was the ` fact that these parks would be used by citizens from all over the ` city. Brinkman responded that a large regional park area would be built to f the south by Pecan Creek. Mayor Pro Tem Hopkins stated that this area had been a nice area but was not being utilized at all at the present time. Council Member Ri-iulesperger stated that the Council had received a letter from the Shady Shores community and asked if this would have any effect on the a<>velopment. Svehla reported that the roadway from McKinney Street to Interstate ' 35 had been primary to the City of Denton. The developer had originally wanted to go to the Corinth exit but had an option to go to the Shady Shores exit along the interstate. The City had stated we wanted both. A condition on the additional 500 acre Miller of Texas development to the south would add this right-of.-way. Denton had an agreement with Corinth and staff felt all issues had been covered. project two lanes ul os.+dway were taken asked out and t the would density t of impact if of tho r reduced. Svehlf reported that staff had not looked at this and it would be almost iml)osslble to accomplish those calculations prior to the t Jo-tuary 21 meeting. I Council Member Stepnen:A asked what was the overall density for Denton. Meyer stated that staff could provide this information for the Council at the next meeting. Council Member Stephens stated that if the Council allowed a greater density for this project, what would they say to the next developer. Ma or Stewart stated that the dormitory tower at Texas Woman's Unlversity density. had this type of Council Member Stephens asked how high would be the high rise portion of Lakeview. Mr. Roger Barrett, representing the developer, stated that the highest condominiums would be seven stories and the office buildings would be two to three stories in height. Mayor Pro Tem Hopkins asked the compare Loop 288 and University Drive with the density of Lakeview. appointments, No discuss official h,nc real convened estate, personnel and Executive action was taken. L - City of Denton City Council Minutes Meeting of January 14, 1986 ! Page Nine with no further items of business the meeting was adjourned. TFTZ'ARD 0. S`TEWXkT, "tgM I }v t F1AKLaTT~VaCLLFi~, r: m~ i i i 2111C i DATE: 04/01/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council. CCCfff FROM: Lloyd Harrell, City Manager SUBJECT: PRELIMINARY PLPT OF THE AUDRA LANE APARTMENTS, ADDITION, LOTS, 2 AND " 3; FINAL REPLAT OF THE COLLEGE ADDITION, LOTS 2R, 3Rr 4R, Block 21; PRELIMINARY REDPGAT OF THE INTERSTATE HIGHWAY 35W ADDITION, LOT 1R AND 2Rr BLOCK PRELIMINARY PLAT OF THE Y,M,C,A. ADDITION RECOMMENDATION: The Planning and Zoning Commission recommends approval of the above referenced plats and replats. SUMMARY: Development proposed in the order in which plats are listed: Multi-family in Phase I and office/commercial in latter phasest multi-familyt and warehouses Y.M.C.A. facilities BACKGROUNDt N/A PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt N/A FISCAL IMPACT: N/A Rasp ally su itted: Lloyd Herr ell Prepared by:, City Manager ~R6 David Ellison Senior Planner Appr ed Jeff Mey Director of Planning and Development 1642g I E~ 1 CITY C01INCI1, AGENDA BACK-UP SUMMARY SHEET MEETING DATE: April 1, 1"86 i SUBJECT: Approval of the preliminary plat of the Audra Lane Apartments Addition; nts 1, 2, and 3. I'. SUMMARY: This 26.464 acre site is located adjacent and south of Audra Lane and adjacent and west of Loop '288. The property is zoned commercial/ office in the area of the Loop 288/Audra Lane intersection and an 11 acre portion of the tract ! is zoned planned development (PD) for multi- family land use. Multi-family development is F.i.anned for Lots 1 and 2, and office/commercial <.,ovelopment is planned for Lot 3. Development Phase I will be multi-family on Lot 1 with approximately 240 units, Frainage improvements should include box culverts under Audra Lana. Audra Lane perimetur street paving is required and storm sewer must be extended at the time street improvements are made. A 20" water line will be constructed along Loop 288 with joint City/Developer participation propo-sed. Plans for sower service are still under study and will be presented at the meeting. Electrical, gas, and telephone services are in place or available for extension. ACTION REQUIRED: Approval of tho preliminary plat, RECOMMENDATION: The Planning and Zoning Commission recommends approval with the condition that an engineering study be done in conjunction with the final plat of Lot 3 and/or 3 that will analyze the feasi- bility of abandoning the 18" culvert under Audra Lane and running the drainage through a pipe system to the box culverts under Audra Lane approximately 500 *oet west of Loop 288, ATTACHMENT: Reduced preliminary plat. av son Senior Planner 01130 h M.E.P. B RPA. CO. SURVEY A-927 a ,y C I IIII I AU DP. D. LDIIADOW9 I~ HAYFIELD 0 IVE t5 - I I _ _ bt ~ pq R r I y4- LOT 27 i i -BLOCK A - f it, V - - - - - - - - - - - - - eau - - - - - - - - - - - - - - - •w,d-- - - - - I I ~ ro 1 to -4 r F ■ g ~ 44Y a r gO P, _1 Q 1 z I ' ! oil I I Y ~ i I m-z~-r Q~y - .1-..^ry,ur..~mY-xelloeot•J?.r~ -r-a- -mz •r-s R I It" e R'4" tea a•y II h ~:'"4~ r 6fii .r ww Q I 1 i " 11,11 i~ ~ M w i 1` i t CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET i I .r MEETING DATE: April 1, 1986 SUBJECT: Approval of the final replat of Lots 2R, 3R, and 4R, Block 21, College Addition SUMMARY: Multi-Tamil; redevelopment is proposed for Lot 2R. The otter lots are included in the replat to ensure that lots are recorded as they actually exist. Public facilities are in place and adequate. ACTION REQUIRED: Approval of the final replat. RECOMMENDATION: The Planning and Zoning commission recommends approval. I ALTERNATIVE: Approval. ATTACHMENT: Final replat David Ellison Set►ior Planner I 1491a J 'I w.• I J O I D roD 0 . x.... lr •i n... _ R ,u rtI- .N l . r _ x. r GRAPHIC SCALE Yrr ' VICIII ITT MAP 1 vnr Lr...r..x"..~x~_,.1 x.~..r.,.._......r ....x N.r ra.l. ! Y• Itui ~ ~ ~ ~ 1 L r l l l r III .'Y rr ,.t f .....,....w., r.. r..... ~_r.«.x~. r_.... .......rr. r..... r....~:~..~x~.. ...rY..,r. r.r.ai xr' III /f 1 rp N u.r• n.'ru r I rV ; Y N'r-1a1c~~_r!~°'_,~__ r.~rcn: rtvc-rr,T----~--_~ IV~J aVIIOl IJJ1 i ? I 1 ~ ~ • 1r I` C ~ ^ ` •rn m.. a xWlw.r.'.I Ym ' I ' I'r `!U' R 'r IS I w w QI ~ Z ! I. -I .„.r r.. ~_._._n.x_, .rx .r rv. «:w` J „yY rN•~lN, i • ~ f e JT'Rl'Z~•7~-' --r.. 11 ~ Vtll IJJ 1•. !a1 it o~..l li.r i • i.l.n . tir, } i • i xn rn. .r. r.. . i.. . I~ 1 4l4fe to r t{ I. , 'rtH I. II 1k7 I _ I I ~ rJ i1tV~ U ~ M. ` f , I.~1:tr:"rt.~_~ "'•I :ice 1 lu•, t ..I uu~o ur I u 01 FINAL RE PLAT OF •[Atl[-----__DRIVt LOTS 2R, 3R & 4R BLOCK 21 IYILL JJ1 ,r COLLEGE ADDITION 1 CITY OF DENTON I ` of ~ 1N r. r NTON COUNTY, TEXAS I y ei ~i.~ rtl rt Y16 11 a "'i:,ilJi l'a"G- •9 tr' i i._ . COl1M AN \ AI/O C IATII 1111 ~r/• tet~l-' /VR V[TIIf O of ~Npp~ie YI_.ly o'., n R.0. 1f K 1 [ 1 I 1 YY~S JI II _ DINTON 11[A1 N101 itJ.ra, YYttl AI~. 111-1t11 4 i; 4 r d ~J/YyJ•kt4.Nlur{i q:al.n.cN.k r.. w.::.. I R CITY COUNCIL AGENDA BACK-UP SUMMARY S EE'T MEETING DATE: April 1, 1986 SUBJECT: Alpioval of the preliminary replat of the interstate Highway 35W Addition, Trot 1R and 2R, Block 1. SUMMARY: The purpose of the proposed replat is to combine a portion of the existing and adjoining Jaycee Industrial Park Addition and unplatted property 1 beginning adjacent and west of I-35W into a two lot resubdivision. The property is zoned light industrial (LI), and additional warehouse development on lot iR is anticipated. All public facilities and utilities are in place and adequate. ACTION REQUIRED: Approval of the preliminary replat. RECOMMENDATION: The Planning and Zoning Commission recommends t approval. ALTERNATIVE: Approval of preliminary replat. ATTACHMENT: Reduced replat, E C~ David Ellison Senior Planner 01110 { I vasre w.1oo HMO '04V6'" 349.0" e... t _ sr~, or ~t Q Y: I~ m o Eel sos'o~'1i'wn ,y p uo, e ewuew x9 q~q ~ i c~ g a ''3+ R1 'U AM% 1~4 J~ °O gr J~ g RI P C i\ aw ta. 1•`x/°~'1 r H 35* A L ~ ~ ~ ~ ip'x~~! i ~ i aF~ @ •i~! r~ ! r! ~l~r~~! ~~r~~l a~~! i~i~~l;~ I oil i 1 1 Ry! 1 N! M~ 4 R ! yn! f n i ye ~ r ty {®a~ a 1 1 r y 1. {•py X11 it ~1~ 1"Mt R ~Yy ~~yY{M ` Y~! ~~a 1 A~ ~ f Y • 1 fill ~P R a ~ F ~1~ P i~$ 1 $1 b JA Y 8 yYp ~iPi a! !R "i 111114 14111 i 11 "9i iii I CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET c: MEETING DATE: April 1, 1986 SUBJECT: Approval of the preliminary plat of the Y.M.C,A. Addition SUMMARY: The Y.M.C.A. was granted a specific use permit in August, 1984 for development of recreation/athletic/administration facilities on a 8.590 acre tract located at the north west corner of Riney Road and Windsor Drive. A temporary office and playing fields are in place at this time. The Y.M.C.A. is conducting fund raising activities, and scheduling of ultimate development is directly tied to this effort. A condition of the specific use permit is development of the site within three (3) years of the effective date of the ordinance. Vehicular access will be off Riney Road, an unimproved collector street. Perimeter street paving improvements and 30' of right-of-way dedication from the center line of Riney Road is required. A sidewalk is required along all collector streets or larger "at the discretion of the Planning and Zoning Commission." No vehicular access is planned oft Windsor Drive, ACTION REQUIRED: Approval of the preliminary plat, RECOMMENDATION: The Planning and Zoning Commission recommends approval, ALTERNATIVE: Approval of the preliminary plat ATTACHMENTS: 1, Reduced preliminary plat 2. Copy of Ordinance 3. specific use permit site plan David Ellison Senior Planner 1233s 3x ~ I e L I ; M r I, ~y loe ; -see i yI flf t, L ~ / f~, " V f H O 1+ o OD O r O f~1~2N £i aC 1 Pq 0 uo~ Q° 1 n rr " f^ y 6~' o q d i I, Y IS bn o s r~~I o 01 a-~ mfg rn i O .1 ~El k' O~+H~~ S / R s s 'N° U o n h W i C 9Y Y IA 11.21 f oL e m T N ~i0 ~zz H I N K_LE OAS x + a es A - r I y - • ^ O } fl iflQ . 1. 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Dl On.., nN 'L NT H 'Yw _rrn ,s,u Y. y... ne Om O n1 b.`o nMo Er r M NO. l i AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A YMCA FACILITY; I • PROVIDING FOR THE REFERENCING OF SUCH USB ON THE ZONING MAP OF I THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF OR07NANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY F 8,540 ACRES) OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE, F• THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the follow- ing described property, to-wit: SITUATEb in the City of Denton, Denton County, Texas, and being a tract of land in the N. H. Meisenheimer Survey, Abstract No. 314, and being a portion of that certain tract described as $,20 acres in "Exhibit A" in deed recorded in Volume 885, Page 619 of the Deeo Records of Denton County, Texas, and said portion being more fully described as follows: BEGINNING a: an ii:cn rod set for the point of intersection of t he present north line of Windsor Dirve (Old Sanger Road) with the being aessednt west line of ed by R.0 W, Riney ac7~isRoaf ition s by said the point City o of intersection asEdefinedtby 89s0011 west with said acquisitionth14line 4.32ofeet nto ran iiron rod set at the point of intersection of said north line with the southwesterly line of said 9.20 acres and the northeasterly line of that certain tract conveyed to the City of Denton as Tract I in deed recorded in Volume 697, Page 207 of said Deed Records; THENCE north 34050155" west with said common line between said 9.20 acre tract and said city of Denton tract, 1038.38 fo~et to an iron rod in place for the northwest corner of said 9,20 acre :Tact and the northeast corner of said City of D-inton Tract It THENCE south 88045130" east with a fence along the common line between said 9.20 acre tract and that certain 49.622 acre "Tract B" in said deed in Volume 885, Page 619 of said Deed Records, 741.46 feet to an Iron rod in place for the northeast corner of said 9.20 acre tract in the west fence line of said Riney Road; THENCE south 0012120" west with sai fence line of Riney Road and with the east line of said 9.~, acre tract, 809,38 feet to an iron rod set at the point of intersection of said west line with thu most northerly north line of said City of Denton R.O.W. acquisition) THENCE north 89055115' west with said most northerly north line of R.O.W. acquisition, 6.50 feet to an iron rod set for the most northerly northwest corner of said R.O.W. acquisition; THENCE south 01104125" west with a west line of said R.O.W. acquisitor and said present west line of Riney Road, 29.20 feet to the place of beginning and containing 8.590 acres, S-180/W. D. BYRNE/PAGE 1 r which is classified as Agricultural "A' District Classification Use under the Comprehensive Zoning Ordinance of the City of • Denton, Texas is hereby granted for the use of said property a specific use permit for a YMCA Facility, subject to the follow- ing conditions and restrictions to-wits P 1. No detached signs shall be permitted other than a scoreboard 2. A permanently maintained six (61) foot solid wood fence shall be erected along the north property linesi r 3. This shgcifie use permit shall expire if the YMCA Facility is not completed within three (3) years from the effective date of Chia ordinance. 4. The development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. r SECTION II. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-11 shall be referenced to show the property herein described being granted a specific use permit for the use approved herein. ;j CTION IIi. That the City Council of the City of Denton, Texas hereby finds that such use is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. That this ordinance shall be in full force and affect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning S-180/w, D. SYRNE/PAGE 2 commission ano the city council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the E day of August, 1984, a *1040 . T W 0 F DE 00Nr TEXAS ~ i 1 1 ATTEST; CHARLOTTE A LGN, CITY SECRETARY CITY OF DENTON, TEXAS E r APPROVED AS TO LEGAL FORM: JOE L, MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS 1 { 1 BY; 1 \ f ' E I 3-180/W, P), BYYNE/PAGE 3 r W ~ \ W Z Q I - V t V WINDSOR DRIVE -1 DATE: CITY COUNCIL REPORT FORMAT F TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Change Order RECOMMENDATION: Reconi.iend orange order to contract to allow approximately 32,000 square yards of additional overlay, SUMMARY: The milling and overlay project has been very successful. ` We have additional funds in the operating budget to acorn plish this by eliminating some of the ,xalcoat operation, c BACKGROUND: The milling operation has been very successful. It has been used on a large portion of the Ix-)nd program and has been to our benefit. i i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i Street tW.nre!nance would be doing the overlay which will allow us to extend the life of streets frora 8-12 years versus doing a sealcoat operation where we could do more streets but the longevity of the streets would be reduced. FISCAL IMPACT: We propose: to take approx:rnately $112,000.00 from t1-W Operating Maintenance budget to do this,In addition, it would elL-~,.nate that arix=t of money iron a $200,000.00 budget to provide sealcoatinngg operati.oms to the street system. It will cut the sealcoating pro 60%. Respectfully SUFm t b id: 4 4 Prepared by: e Gs i t 1 e Approved: Name M F w~~» r CITY of pLNTON, TEXAS MUNICIPAL BUILDING / 215 E. McKlNNFY ST. l DFNTON, TEXAS 76201 ~I r MEMORANDUM I DATE: March 24, 1986 TO: Rick Svehla, Assistant City Manger Ii i FROM: Jerry Clark, City Engineer SUBJECT: Change order for bid 119539 - Bond Issue Overlay Contract k i The following streets have been selected for the change order. It is my understanding that the work will be funded by the Street Department seal coating fund. Oak Bolivar to Carroll 1,674 s.y. Morse Woodrow to Baldwin 3,294 s.y. Rockwood Royal Lane to Emerson 2,473 s.y. j Bell Highway 380 to Sherman 3,450 s.y. Bell Highway 380 to Redbud Street 2,758 s.y. Bonnie Brae Oak to Scripture 5,283 s.y. Highland Park 135 to Whipporwill 7,500 s.y. Hill Street 100' N Park Lane - Smith 1,837 s.y. 1 Lakey Prairie to Wilson 3 560 s. TOTAL 3 s.y. Total contract amount is $592s644.75. Available money for a change order would be $148 16 ~ ased on a 25% expansion. The 125 550,00 total t~Te 'figure thc: Street Department feels com or a e with after street participations and last summers seal i coat projects. beunit fuprices nded for willshows The each enclosed cost breakdown from change g0eorderPublic 100-002-0033-8303. Please advise if you have any questions. Jerry Clark, P.E. City Engineer #0379E 81715668200 D/FVf METRO 434.2520 PROPOSAL { 2 3 4 5 6 i :Additional Quantities and Amounts for Overlay . 2 Estimated A . 3 Contract .1985-2. City of Denton, Texas i 4 agoe-Public Company 5 l5 Contract knit 7 Itain Description Unit Quantity Price Amount r : ~ ~ 9 2.13 Ad3uv,+t Water Valves Each 24 $ 150.00 .$3600.00 ) Each. 14 $250.00 ...,,.$3,500,00, t 11 2.19 Ad ust Manholes 10 ( 12 ine C1 . , 13 4.2 , ~Rolier 1'lit►e / ean-up.Tim.e Hour 300 $2222........50 $6 14 Grader Time H our: 4,3 ':Motor ' 20 $65.001 , ~ 1 1 300.OQ . 15 ' 16 . 30.00 $600.00 8 ruckin Time Hour 20 17 4.4 :T , 1 ' . , #800.00 . , :..30,00 . $109 ' ;Over l yYExiating Streets Ton 3,660 19 5.7 . . M 20 (A) 21 22 $125, 55.0.0.0.. 23 4 24 25 .441W4-P 4TC.. 1P 26 27, 28 01.11.0oek V.-Pren.-Finance : 29 G 30 31 32 33 34 35 36 ; 37 38 RECtWo MAR 2 1 ft&R , M T DATE: April 1, 1986 1 CITY COUNCIL REPORT , TO: Mayor and Members of the City Council , FROM: Lloyd V. Harrell, City Manager ` SUBJECI: BID #9383 AERIAL PHOTOGRAPHY CHANGE ORDER RECONIENUATION: fire recommend this change order be approved for the additional amount of $13,665.00 to CAD Associates. SUMMARY: This bid has been approved in two parts to purchase and have printed aerial photograph maps of the City of Denton. This change order is for the purpose of labelling the streets. This is a shared project between the Utility Department and Public lrorks as shown on the attached. i BACK6RO S: Change Order Proposal, Memo from Jerry Clark, and Purchase Order Copy PR~OG_R_AMS. DEPAR714EXTS OR GROUPS AFFECTED: Utilities and Public Yorks FISCAL IMPACT: There is no additional impact on the General Fund. Respect lly submitted: Lloyd Y. Harrell City Manage; Prepared by, Jon J. Marshall, C.P.H. itle: Purchasing Agent Approved: John J. NarshaII C.P.I1. November 8, 1985 1 City of Denton 901-B Texas St. ff Denton, Texas 76201 I' Attn: Jerry Clark Dear Jerry: As per your request, the following is a list of prices for additional services. Label street names on original orthophoto sheets. Prices based on the City of Denton providing street names. Label streets on 126, 1" • 200' scalp orthophoto sheets $ 2,940.00 Label streets on 512, 1" • 50' scale orthophoto sheets $ 7,785.00 i Label streets on 126, 1" • 200' scale contour overlays $ 20940.00 Additional copies of original orthophoto maps prepared with originals. Mylar copies of 1" - 200' scale orthophoto sheets $25.00 per 14, sheet, 126 sheets r- Mylar copies of 1" 50' scale orthophoto sheets $25.00 per sheet, 512 total sheets M lar copies of 1" 200' Y scale orthophcto sheets with contour overlays superimposed on original orthophoto mylars, $85.00 per sheet, 126 total sheets $10,710.00. We appreciate this opportunity to work with you on this project. If you have any questions or require further information, please contact us, Very t.-uly yours, Fletcher A. Norwood Executive Vice President FAN/cc O 1v1 P iJ T F A S S T _ C D R A F T I N G 32SNonh West Hill" • $udeson, TX • 76028 • Telephone (817J 295.OCAD CITY of D<NTON, TE"S MUNICIPAL BUILDING / 215 E. MCKINNEY ST. / DENTON, TEXAS 76201 MEMORANDUM DATE: March 11, 1986 TO: John Marshall, Purchasing Agent FROM: Jerry Clark, City Engineer SUBJECT: Expansion of Bid 09383 Please place the labeling of the aerial photography maps as per the enclosed documents on the April 8, 1986 Council Agenda. Total cost of the contract change order is $130665. It was originally intended for the December 17, 1985 agenda but wasn't ` completed. Please request the ordinance to go with the purchase requisition enclosed. F Jury C 1K Ciiy Engineer is M0379E i f I 81715668200 D/FW METRO 431.2520 i CITY OF DENTON, TEXAS 901•B TEXAS STREET PURCHASE ORDER DENTON, TX 76201 P. O. NUMBER DATEd jVrl R~;O. Gay DOCUMENT TYF 7270 CCCOLOOO VENDOR SHIP TO: C A D ASSOCIATES CITY 1'11= 0L.-NTON - tNGINL•Ei4ING C/u FLETCHER A NORWIIOD C(INFIHMATICN GNLY 321 NW HILLERY DU NU7 6UPLICA7E UURLESON• TX 76031 '16 FEMATION ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN 0,1 620 008 0450 6502 CHANGE CROER - SECTION 2 9383 42 620 008 0460 8602 1 LABELING ST ON YAP U7ILI7Y 60:32.5( 03 430 004 020M 913'7 1 LNGINtENING 6~b32+5G r i C j i 1 The City of Denton, Texas Is tax exempt • House Bill No. 20. TOTAL FOR P.L . I J 9 6 a S * 0 ' Reference P. 0. Number on all B/L, Shipments and Invoices. / Shipments are F, 0, 8, City of Denton, or as Indicated. By l r. i Send Invoices T0: Direct Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C. P. M. Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom D. Shaw, C. P. M. Asst. Purchasing Agent (or as Indicated on Purchase Order) 817%566.8311 D,'FW Metro 267.0042 M The City of Denton is an equal opportunity employer I r April 1, 1986 CITY COUNCIL AGENDA ITEM r TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager r SUBJECT l Pa Consider Mobile Homee t Park~ Waer Line Over To Flaligan Development Inc., Allen Estates Participation in the Amount Oft$109050.17. size 8" to 12" RECOMMENDATION The Public Utilities board, at their meeting of March 19, 1986, recommended to the City Council approval of the final payment of $10,050.17 as the City final participation cost for this oversize water line. SUMMARY/BACKGROUND The City Council approved this oversize water line from 8" to 12" on Mayhill Road. The oversize and pro rata agreements were signed July 2, 1985. City's participation of $14,904.20 was also approved by the City Council based on the bid opening on this project. The developer had successfully installed the 12 water line and the City had accepted it for regular maintenance. Based on the actual construction, however, the City's p y $10,060.17. This request is the app ovaltiof is oactual cost difference of $10,050.17 for payment to the developer. I PROGRAMS, DEPARTMENTS ~)R GROUPS AFFECTED Denton Municipal Utilities, Developer, City of Denton and Citizen3. FISCAL IMPACT Previously approved by City Council City's participation based on bids 8" to 12" - $14,904.20 FY 85 budgeted amount - 15,000.00 Acutal cost difference after construction - 8" to 12" water line (this request) 10,050.17 Final payment due - $10,050.17 Source of funds - Water Bonds 623-008-0461-9138 4223U:9 I i Prepared by; Resp tfu/lJly s bmitte Srini Sundaramoorthy oy re Y a ager r, Civil Engineer Approved by; v~ Director of Utilities BXhiBIT I - Location Map II - City Particppation Cost - Invoice III - Copy Of Memo From Purchasin Department j IV - Minutes PUB Meeting of 3/1986 1 `'r I I I i I l 4223U:10 i s Holman Development, Inc. 8585 Stemmons Freeway I Suite 800 I South Tower / Dallas, Texas 75247 / (214) 6314931 i ' CITY OF DENTON, TEXAS 215 E. McKinney St. Canton, TX 76201 it E ` February 17, 1986 ( f INVOICE OFFSITE WATER Description Price Difference is 12" and 8" PVC CL 150 SDR-18 0900 pipe, 20' lengths 8,429.35 8" PVC CL 150 SDR-18 C900 pipe, 20' lengths 0 6" PVC CL 150 SDR-18 C900 pipe, 20' lengtts I r 0 8" MV AWWA gate valve 828.00 /562-S 24"-36" AN valve box 0 8" MU AWWA gate valve 1562-S 24"-36" ADJ valve box 0 0 6' MJ AWWA gate valve 0 6" >rL>fHJ AWWA gate valve 0 f 6" rm' Bolt, nut, and gasket sat 0 1562-8 24"-36" ADJ valve box 0 54l", 3-way, 41-0" Bury, 6" MJ shoe 0 AWWA Hydrant (Denton. Tx spec) Total Page One I ~ 3 9,257.35 Total Page Two 792.82 I ~ Grand Total 10,050.17 I I r r F 1 Hollgan Development, Inc. am Stemmons Freeway ! Sulte 800 ! South Tower 1 Dallas, Texas 78247 1 (214) 631.4931 1 CITY OF DENTON, TEXAS 215 E. McKinney St. Denton, TX 76201 February 17, 1986 INVOICE CAST IRON FITTINGS Description Price Difference.in 12" and 8" j` 8" MV 450 band ~ 8" X 8" Mu Tae ~ 191.72 8" X 6" MU Tee 98 1,64 8" X 6" MW Too 98.64 6" X 6" Mil Tee 332.91 8" Solid Sleeve, S.P. 6" Mu Plus 37 7.06 8" MU plus 0 F.I. Plua ~ 31.02 tZ 792.82 i E DEAfr",TLX" MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 r ~ 1 t~''r MEMORANDUM DATE: May 11, 1984 TO: C. David Ham, Assistant Director of Utilities for Water FROM: John J. Marshall, C.P,M., Purchasing Agent SUBJECT: Allen Estates Mobile Home Park 1. Bid #9269 opened 2 p.m. 4/17/84 2. P.O. #63330 dated 5/11/64 3. Account N 623-008-0460-9114 4. Approved by Council 5. Cost of City Participation as per Bid for Water Line A. Use of 12" over B" Line 20 1817 LF x (26.30 - 18.70) = 7.60 $13,809.20 B. Use of Gate Valves 12" over 8" 1045 00. 3 ea. x (1110.00 - 745.00) = 365.00 Total Approved Estimated Cost $14,904.20 PURCHASING DEPARTMENT D/FW METRO 267.0042 EXHIBIT "A" • SPENCER ROAD1 ass - - I f to • • o I ILLLEN ' o k `o 1 660' of 12" ' p0 1 4 PRO R A WATERLINE u 1 I ► II E EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD r March 191 1986 NOI 12. CONSIDER FINAL PAXMENT ON WATER LINE OVERSIZE PARTICIPATION,` ALLEN ESTATES MOBILE HOME PARK HOLIGAN DEVELOPMENT CORP. E The City Council approved this oversize water line from 8' to 12' on Mayhill Road. The oversize and pro rata agreements were signed July 2r 1965. City's participation of $14,904.20 was also approved by the City Council based on the bid opening on this project. The developer had successfully installed the 12' water line and the City had accepted it for regular maintenance. Based on the actual ` construction, however, the City's participation is now only $10,050.17. This request is the approval of the actual cost difference of $10,050.17 for payment to the developer. Previously approved by City Council City's participation based on bids 8' to 12' - $14,994.20 15,000.00 FY 65 budgeted amount r 10,050.17 Actual water c line after (this construction request) 8■ cost 12' difference i $10.050.17 Final payment due - F' Source of funds - Water Bonds l 623-008-0461-9138 Coomes motioned to approve subject final payment, second by Thompson, all ayes, no nays, motion carried. 4223U19 i D C . April 1, 1986 i E' CITY COUNCIL AGENDA ITEM r r TO: MAYOR AND MEMBERS OF THE CITY COUNCIL ` FROM: Lloyd Harrell, City Manager SUBJECT a Consider Final Payment To Onyx Construction In The Amount Of $6,792. Bid #9405 Raw Water Pump Installation. RECOMMENDATION The Public Utilities Board, at their meeting of March 19, 1986, recommended to the Council approval of the final payment in the amount of $6,792 to Onyx Construction, Fort Worth, Texas. SUMMARY The contractor has successfully installed the new 8 MGD raw water pump and control equipment at the Lewisville Lake Pump Station. The Utility Department has accepted the pump for routine operation/maintenance. This request is for the approval of final payment. BACKGROUND This is an approved 1985 CIP project to replace the existing 6 MGD pump with an 8 MGD pump to provide increased raw water pumping capacity in line with the ongoing Water Treatment Plant upgrade from 24 MGD to 30 MGD. The City Council in April, 1985, awarded the contract to the lowest bidder, Onyx Construction. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, Contractor, Freese F, Nichols and the Citizens. FISCAL IMPACT Original contract award $43t170 Actual final total cost - 43,170 Previous payments - - 36,378 Net final payment due - $ 61792 Source of Fund; Water Bonds 623-008.0460-9101 4223U:1 t E P t Prepared by: Respe fully submitLej: e yi F Y i / Srini Sundaramoorthy o/ arre , y Manager civil Engineer Ap r,.gved) by e sun Director of Utilities Exhibit I - Location Map II . Final Payment Request IiI Minutes PUB Meeting of 3/19/86 I I i I s 42230:2 i ' I ► r •u , S •1 1 1 / VIM JAI • Wit. - 4 ~ •r• L~ • ~ 1 1 "A IV or • y{~ - 'V 1 - y e,> ~f•Ir p~' TON (PROJECT r L ION ,Y ' 1•--• ~~''n ,A~ r•J•Id, •111 ' . N•t0i~i4~t ~ , trl.~ •wr . ~...j••. A~ 69 ► r \ 11 I _ ^i...... ; eo, o. r•: .,r..+~us.c av~~ p f 4L I e a/aIOM M. MRa/a. P.a. JA/R[a K. NIC 140". Pa. a06t11T L. MICNOU. e.g. LAM IL r"9484. P's. "CIO" T C 6400C JOe MYL MN//, P. R. FREESE AND NICHOLS, INC, 00"MT A. iMOYPaON 111, ► 9C O N S U L T I N G E N G I N E E R S M"M M. COOK, P, a. 640146 a. MYMAN, ►.a. T. AMTMOMT MD. ► a WT M. aaava/. P.a. December 4, 1985 JOE 16 MAP& P.a. R IMME/T CLEMaIIr, ►.L 4LVM C. COPaLAMO, P.a. ~ T L. ►LEMINO, P.a. A, LEE MCAO III, P.K. ` AOMM4 M, LEMON6, P.a, M CMAaL O. MOERI/ON, P.aC. OAAMa MLMa R, e.g. "COMellT►. ►a1/C a. Pa. LEO A. DOT/ON. IL LMNO K. /ATTI/ 'O11N L JON!/, P. a. P Mr. C. David Ham, P.E. Assistant Director of Utilities City of Denton Service Center/Warehouse 901-A Texas Street Denton, Texas 76201 j Re: Raw Water Pump Installation Estimate for Final Payment Dear Dave: Attached, please find duplicate copies of the Estimate for Final Payment on the above referenced contract with Onyx Construction Company, Inc. for installation of the new raw water pumping unit and valves. As you are aware, problems have developed with the Seimens-Allis motor which was purc- hased separately by the City of Denton and which are presently being cor- rected by the pump contractor. However, all work under this contract has apparently been fully completed in accordance with the contract plans and specifications. We therefore recommend that final payment in the amount of $6,792 be made. Very truly yours, FREESE AND NICHOLS, INC. Elvin C. Copeland, P.E. ECC/jk Attachment I all L A M A R 9TREET FORT WORTH, TEXA2 7.101 T E L E P H O N E 6 1 7 336- 7 1 6 1 METRO 6 1 7 420- 1900 PERIODICAL ESTIMATE FOR PARTIAL PAYMENT Periodical Estimate No 2 and Final period__Jul 26, 1985 October 15, 1985 ` ~to Name of Owner: City of Denton 901-A Texas Street Address; Denton, jexac_16201 P. 0. Box 18765 Name of Contractor, Onyx Construction Co.. Inc AddressJOrt_Wortha, Texas 16118 Type of Project: Raw Wa ter Pump Installation _ FstimatedContract Cost: 1 43,170. have Unit Quantity Quantity value of Ne. DESCRIPTION OF ITEM of Oeitistal Coon pioMd ~h Coyloted Measure mate to Dato Work 1. Install Pump L.S. 7,500 100% $ 1,500.00 2, Install Motor Operated Plug Valve L.S. 31000 100% 3,000.00 3. Electrical L.S. 20,000 100% 209000.00 4. Concrete Pad L.S. 30000 100% 39000.00 5. Conduit and Can L.S. 89000 100% 89000.00 6. Paint L.S. 1,670 100% 1,670.00 I ' 1 i I '.he undersigned Contractor certifies that all work, including materials and egwip"nt on hand, covered by this °eriodlcal Payment has been completed or !c'.ivered in accordance with the Contract Documents, that all imruit: 'are been paid by him for wort, mmterials, and equipment for which F 041101 Paymen s re Is,ued nW received from the Owner, and that the Current payment shown herl4 d CONTRACTOR_ Onyx Construction Co.ey Inc. se nd oca 10/16/85 Subscribed and Sworn to before a* this 16 day of October 19 85 .rotary public; Lois J. Turner My cowmission Expires; 4/30/89 Rec nded f'o,r Payment b : ;43,170.00 / _Total Value of Original Contract Perormed , C' iz _8 Shown Above or Freese an cos Date Extra Work Performed -Attached statement _ 0.00 Shown Above or :uaterh" on Hand-Attached Statement D .00 ONf/1t lP,Ait/S>L ~,~,,~Date Total Value of Work to Date. . . . . , , , , • $43,170.00 `/KS 1~~rv' Daiw 3111ii 1., 0 9(. 0.00 Date : Amount Retained , . Not Amount Earned on Contract . . , . , • , • $43,170,00 Date $369373.00 Leer: Amount of Previous Payments . . . . . . Approved for Payment 8y: BALANCE DUE THIS ESTUtATE $ 6,192.00 Date 'ELEPHONE ONYX CONSTRUCTION CO. INC. 430-1800 GENERAL CONTRACTOR ! EOUI►MENT RENTAL ,0 sox 18165 rO;-' .•O°T- TEXAS FFtiE AFFIDAVIT I STATE OF TEXAS ` COUNTY OF TARPMT Before me, the undersigned authority, n Notary Public in the state and county aforesaid, on this day personally appeared R. E. Josaerand . I known to me a credible person, who being by me duly st..orn, upon his oath deposed and said; That all persons, firms, associations, corporation or other organizations furnishing labor and/or materials have been paid in full; That there are no claims pending for personal injury and/or property damages; f ; ON C'OMMACf DESCRIBED AS: City of Denton Raw Water Pump Installation No 9405 1 BY Subscribed and sworn before me cn this 16 day 19 85 f NOTARY P IC_ IN TARRANT coJNPYF TEXAS Lois J. Turner j EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD March 19, 1986 F 11. CONSIDER FINAL PAYMENT TO ONYX CONSTRUCTION IN THE AMOUNT OF $6,792.00 - BID 19405 RAW WATER PUMP INSTALLATION. The contractor has successfully installed the new 8 MGD raw water pump and control equipment at the Lewisville Lake Pump Station. Tho Utility Department has accepted the pump for routine operation/maintenance. This request is for the approval of final payment. This is an approved 1985 CIP project to replace the existing 6 MGD pump with an 8 MGD pump to provide increased raw water pumping capacity in line with the ongoing Water Treatment Plant upgrade from 24 MUD to 30 MGD. The City Council in April, 1985, awarded the contract to the lowest bidder, onyx Construction. Original contract award $43j170 Actual final total cost - 43,17U Previous payments - - 36,378 Net final payment due - $ 6,792 Source of Fund: Water Bonds 623-UU8-0460-91U1 Coomes made a motion to approve this final payment, second by Thompson, all ayes, no nays, motion carried. i 4223U:18 J, E, (JIM) HARRIS WALTER SONOLS. ►oTENTAtt PAUL A. J0NN40M CX11 RAMAN Finer C4114NONIAL M"TSA J. RAYMOND RENE'R t~ CHARLES A. STANLSY "DISTANT MANDAN I 1teONS OfREMIN IAL JACR T. KRL, 111 MASTER NION PRI4S7 AND PROPHET 1 ; NE I1 K•M OICL MARTIN W. MOALLISTSR 1 ORIENTAL 60164 FEB L 1~/rn WM.C. CBILL AHMK2 JOHN W. OILLARO. P.P, TI14AOURNO ON L. CLYNCH NE 4AL W. O. IEILL) SSTILL, P.P. y -1 ~.''.j- 11121:0010110 ON H R. HECTOR ER MITONSILL Q. CJT~ I..' NE6TOt ESNBRAL SME44TUM N. WAND COLLISR, $R.. P.T. 11[0011041. EIItlIHOS ROSE" E. LRE ' r' M ♦'.n. DI4EC TO4 Ca NCRAL Sonoma l , Y 1 ry'. NOV. EOM F. WRATHERS L 1 CHAPLAIN V t ,i A. 1` y FDL E "p, I Fit, N1. F O R T W O R 'T . >r'' K• ~1 8 1 0 1 February 24, 1986 Dear City Secretary: On May 10, 1986, Moslah Temple Shrine will conduct a Fund Raising Drive to help the Shriners' Burns Institute in Galveston and the Crippled Childrens Hospital in Houston. All Shrine Temples in Texas will be taking part in this project at the same time. This drive involves the distribution of a Shrine newspaper requesting donations for these institutions. Moslah Temple will furnish Shriners with aprons identifying them as official "Collectors." We will station Shriners wearing aprons and red fezzes at "high traffic" shopping centers. We will secure permis- sion from the Shopping centers before stationing individuals for donations. In addition, the Shriners will also work the banks for 2 hours, from 4 to 6, on Friday, May 9, 1986. We respectfully request permission from your City for a permit to solicit funds for this Charity. Sincerely, /~ZGG~. ~„~rwJ Walter Echols Potentate W£/mk i DATE: 04/01/86 CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager Hsi SUHJRCT: Public Hearing for S-189 RRCOl4 NDATION: The Planning and Zoning Commission considered this item at its meeting of March 12, 1986 and voted to recommend approval of, S-189 by a vote of 5--0. SUMMARY. I This is a request for a specific use permit in a single family (SF-7) district to permit the operation of a museum in a single family zoning district at 1035 West Oak Street. E&C atom: The Denton County Historical Museum proposes to locate the museum, offices and living space for a caretaker at 1035 W. Oak Street. Although the Intensity is already over the standard in this area, the Planning and Zoning Commission felt that the museum would not be an intrusion in the area of the proposed historic district. Pff2 . DRPARTM IM OR GROUPS AFFECTED: Nut Applicable. There is no impact on the general fund. j RZkA4 lly loyd HaPrepared by: City Manager i Denime Spivey Urban Planner ' Appro Jeff Key Director of Planning and Development t 0104k r PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL t =No.: ton City Council r 89 Meeting Date: April if 1986 GENERAL INFORMATION Box 2184 FRequero,te t: Denton County Historical Museum, Inc. Denton, Texas 76202 f Applicant: Lessee d Action: Specifi c Use Permit in a single family (SF-7) zoning district for a museum, offices of museum and Denton County Historical Commission. Location and Size: A 0.6 acre tract located at the southeast corner of West Oak and Welch Streets. The property is located at 10?5 West Oak Street. Surrounding Land Use u:td Zoning: North - Church, Fraternity; MF-1 South - Single family residential; MF-l East - Single family residential; SF-7, MF-1 1 West - Retail ;'enter; GR Denton Development Guide: Low intensity area SPECIAL INFORMATION Transportation: The property has frontage on two ` improved public streets, Welch and Oak. Forty feet of right-of-way from center line is needed on Oak Street. A sidewalk exists on Oak Street and no public improvements will be required. Off-site parking will be provided on the church parking lot across the street from this site. The existing driveway will be utilized for loading/unloading and handicap access purposes only. . (Case S-189) Page Two SPECIAL INFORMATION (continued) Utilities: Water, sewer, electric, gas, and telephone service are available to the property. Drainage: No drainage problems exist at this site and no public improvements will be required. ANALYSIS As many of you may be aware, the Denton County Courthouse is currently being renovated and manv agencies previously located there, including the Denton County Historical Museum, are seeking new homes. ThE Historical Museum is requesting a specific use permit at 1035 Nest Oak Street to operate a museum at that location; however, the zoning ordinance must first be amended to allow the operation of a museum in a single family (SF-7) district with a specific use permit. Article 10 of the City of Denton Zoning Ordinance defines the purpose of specific use permits as follows: "This section provides the City Council the opportunity to deny or conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semi-public character often es8ential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, or possible adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed use are r required." While all sites in single family zoning districts are certainly not appropriate as museum locations, some sites may be suitable for that use and the specific use permit process allows the Planning and zoning commission and City Council to ,onsider each request on an individual basis. If the request is approved, the City Council may impose development conditions including a time period for which a specific use permit is valid to protect neighboring properties. The Denton County Historical Museum proposes to locate its offices, the commission offices, and living quarters for a ' staff/security person at 1035 W. Oak. This address is the location of the Evers house, the home of one of Denton's most influential founding families. The site is also included in the proposed West Oak Street Historical District. (Case 5-189) Page Three ANALYSIS (continued) Plans call for the existing structure to be renovated for museum/office space and space for living quarters for a staff/security person. Ample off-site parking space will be provided on the Grace Temple Baptist Church parking lot located across the street from this site. The existing driveway at the rear of the lot will be utilized for loading/unloading and handicap access purposes only. i r The site is located in a low intensity area which is approximately i.4% over the intensity standard based can existing land use and 21% over the standard based on existing zoning. Development Guide policies state that diversified land uses may be located in low intensity areas if the intensity standard is not exceeded and neighborhood protection is provided. While the intensity standard is already violated in this area, the Council may wish to consider the museum as a publi use general welfare and convenience of theccommunityrableror RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of March 12, 1986, and voted to recommend approval 5-189 by a vote of 5-Q with the following conditiongof 1. No exterior architectural feature of the building shall be altered, changed, removed or demolished without amendment of the specific use permit. 2. The Grace Temple Baptist Church shall execute and record a legally binding declaration of restriction for off-site parking to restrict the use of the tract being used for parking purposes for so long as the site being served shall require such parking space. 3. The specif-:c use permit will be valid for a period of three t the andrZoning Commission andtCityeCouncil will consider an year period, the Planning extension of the time limit for the specific use permit. 41 One attached sign will be permitted. Design and size of sign shall be reviewed and apoved by Review Committee before a signrperm t the Development 5. A screening device that is architectural.lyscoapatible with the proposed historic district and agreeable to both property owners will be erected along the property line between the Evers and the Boyd properties. (case S-189) Page Four ALTERNATIVES r 1. :Apprrovovee petition 2, petition with additional conditions y petition 3. r ATTACHMENTS Fr2 Location Map Specific Us© Permit Site Plan . Rep1, Form Totals . Mailng List F17nniny and Zoning Commission , . Minutes of March 12, 1986, meeting 00960 POWDER ADDITION w a . :a ~ w u d ::i ~1_ d.. I L'~71-IZ :I._~ 1•f 3 u a. N a x L' zit t'- I • X S x PONDER _ X a'" 7 ly r .Y $ ° 10 m 3 f _ I O ~ N ~N A i U 1 '0 I IIELCN w $ w a , 1 q) l t, i09 4 fJ _ ! Z OO ,0 - IsN4 +...y.. y U Z• W fu I ~ 1•,i I fH tip N ~ _ i 3 Z ~ f N X N e Z j ~ I~ iC 10 1, 1/ 00 CO f . F"TON = s ~r~ 1 >o---la- - 9ct~ a rap 7 N , )ON sic fp'lOfl 5 frf ;e -4 so, a e fi r X X ~ ~Y _ a t r _ AMARILLO 8 R N » a„ •ro A r 3 _ af.r i: 40 I! y . p - I rf _----pit - ~ _ - - R i5'- t g= f O Y y 07 ' A $ A Z A._. O N6 = sa r.. . .rte N '---'1 Ij~ 461 ---R[RNARO----- {-,.N _ ~ " - o r or , w 41 La rA , r r '11! 10 V -1 IQ n .o r r IrouNTa ct'j N = 1 4 O P X i. w b y l h ~4 1•{: DENTON a -10 - 7-11 NHQ _.J a A 4 : .fl , If 1' _ IrlV1 r~1 N e ~ u U p V i N irl a u r - _ utf S A ~ 16 170. i f U. F 2 0 M E 27.2 S0. F1 0.6 n ACRES r ~ I,M ~ Y t 1 I~. TWO STORY FRAME f \,M L. also 170• I I ~ I I M. F, lOME OENTON COUNTY HINTORICIAL MUSHUM SdMI81 MKTAOPLRX ■NOIIVRPRINO - - COPPORATIC3N 1102 ow? wa,eN awvs OMTtlN Tax A4 4W00 17• U1 Ylb e3wom E T PROPERTY OWNER REPLY FORMS CITY COUNCIL S-189 IN FAVOR IN OPPOSITION UNDECIDED John F. Miller III None Received 1006 West Hickory Denton, TX Penny Edyvean 1000 West Hickory Denton, TX i i r_ r r A co rN~ 2k 12 lr~~ e ' 2A/ on I 111Y ZZ Lb /Lc nD(cno I % i o cc iv r.' e i Yo - / r n -T T It IA'vpfol 7-6 /x 1 1 I I M~ I l P & Z Minutes March 12, 1986 B. S-189. Petition of Denton County Historical Museum, Inc., ` DRAFT represented by Yvonne Jenkins, Director, requesting ap- proval 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. Fourteen notices were ailed to property owners within 200 feet; four reply forms were received in favor; no reply forms were received in opposition. V PETITIONER: Yvonne Jenkins, Director of the Museum, stated th t the Denton County Historical Museum has to • relocate because of the renovation of the courthouse. She said that the Ever's house is an appropriate place for the museum and that the Evers were a pioneer family in Denton. She said with the house being a home for the museum temporarily it might help prevent further vandalism and neglect. She said that they were most supportive of this idea rather than see the house stand vacant. She asked for those to stand whom arc in favor. Approximately 10 people stood up. Mr. .haren asked if the house is a locally designated historical structure. Ms. Spivey said no. Nis. Brock asked if the house is in the proposed historic district. Nis. Jenkins said yes. Nis. Brock asked about the parking arrangements. Nis. Jenkins stated that the church had granted them parking on a temporary basis. Mr, Pearson risked if she had talked with all the neighbors. Nis. Jenkins stated that she has talked with the Boyd's and the church. IN FAVOR: Bullitt Lowry stated that he supported the t specs: c use permit thoroughly and enthusiastically. Randy Boyd, 1023 West Oak, stated that he owns property adjacent to the Evers house. He said that he has tried to buy the house and that Mr. Tripp was not interested in selling. lie said that if it remains vacant it will be- come a victim of vandalism and deterioration. lie said that he bias not against the specific use permit even though they will be a little bit more on display as long as :t reverts back to SP-7. He said that he did not want the house to become a permanent residence for the museum. Mr. Claiborne asked what would be a reasonable period for the house as use for the museum. Mr. Boyd said no longer than five bears. My Claiborne stated that staff had recommender, three years. OPPOSED: None pres-nt. STAFF REPORT: Nis. Spivey stated that the Historical omit sis on s`s requesting a specific use permit at 1035 West Oak Street to operate a museum at that location. She said that this address is the location of the Evers House, the home of one of Denton's most influential founding families. The site is also included in the proposed West Oak Street Historical District. She said that Article 10 of the City of Denton Zoning Ordinance defines the purpose of specific use permits as follows: "'T'his section provides tho City Council the opportunity r to deny or conditionally approve those uses for which specific use permits aye required. These uses generally . P P G Z Minutes March 12, 1986 have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, or possible adverse impact on neighboring properties of the use, re- view, evaluation, and exercise of planning judgment rela- tive to the location and site plan of the proposed usa are required." She said that while all sites in single family zoning districts are certainly not appropriate as museum locations, some sites may he suitable for that use and the specific use permit process allows the Planning and Zoning Commission and City Council to consider each request on an individual basis. She said that if the re- quest is approved, the City Council may impose develop- ment conditions including a time period for which a specific use permit is valid to protect neighboring properties, She said that this site is located in a low intensity area which is approximately 14% over the in- tensity standard based on existing land use and 21% over the standard based on existing zoning, She said than while the intensit> standard is already violated in this area, the Commissiun may wish to consider the museum as a public use desirable for the general welfare and con- venience of the community. She said that ample off-site parking space will be provided on the Grace Temple Baptist Church parking lot located across the street from this site, She added that staff recommends approval of S-189 with conditions. Mr. Claiborne asked if it would be appropriate to erect a fence between the properties. Ms. Spivey stated that she was hesitant about a fence and the fact that it would need tc blend in with the historic nature of the neighborhood. Ms. Jenkins stated that they were receptive to a fence but allow be decision to be made between the property owners. Mr. Juren said that a condition needed to be added to say that a screening device that is architecturally compatible with the historic district and agreeable to both property owners be arected along property line. REBUTTAL; None offered. Lhair declared the public hearing closed, DECISION, Mr. Jur.en moved to recommend approval of S-189 with the following conditions: 1. No er.terior architectural feature of the building shall be altered, changed, removed or demolished without amendment of the specific use permit. 2. The Grace Temple Baptist church shall execute and record a legally binding declaration of restriction for off-site parking to restrict the use of the tract being +-sed for parking purposes for so Iong as the site oeing served shall require such parking gace. 3, e specific use permit will be valid for a period of three years. At the end of that three year period, the Planning and Zoning Commission and City Council will consider an extension of the time limit for the specific use permit, 4. One detached sign will be permitter. Design and size of sign shall be reviewed and approved by the Devel- opment Review Committee before a sign permit is issued. 5. A screening device that is architecturally compatible with the historic district and agreeable to both prop- erty owners will be erected along property line. r Soconded by Mr, Escue. P $ Z Minutes March 12, 1986 Ms. Brock amended motion so that condition number four will read... "One attached sign will be permitted. De- sign and size of sign shall be reviewed and approved by the Development Review Committee before a sign permit is issued." Seconded by Mr. Pearson. r 1 Vote was called on amendment; Aye Brock, Claiborne, Juren, Pearson Nay Escue Motion carried (4-1). Vote was called on original motion with amendment and unanimously carried (5-0). Ids i i i I1 1 i III f 6 i r i I DATE: 04/01./86 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Z-1789 PUBLIC HEARING AND ORDINANCE RECOMMENDATION: The Planning and Znning Commission recommended approval of Z-1769 at its February 26, 1986 meeting. SUMMARY: The property is located in both a low and high intensity area. The proposal includes general retail, office, multi-family, cluster, f single family and a park. BACKGROUND: Several zoning cases have been requested in the area as outlined in the history section of report. The Planning and Zoning Commission have considered moving the high intensity boundary to the North but no action has been takc;n. ' PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No programs or departments affected at this time and twenty--two proiirty owners were notified. FISCAL IMPACT: No impact to general fund can be determined at this time. Reap fully s mitted;/ Lloyd Harrell Prepared by: City Manager ' L~ h Q,.N Cecile Carson Urban Planner Appr ed Jeff Mey Director of Planning and Development 0101k PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: Z-1789 Meeting Date: April 1., 1986 { GENERAL INFORMATION r - Applicant, Denton 239 'tenancy in Common % Stephen Des Jardin • James M. Brown Company 8235 Douglas Avenue, Suite 1204 Dallas, Texas 7SZ25 Status of Applicant: Owner Requested Action: Change in zoninrom the agricultural (Al ) classification to the planned development (PD) district for the following land uses: A, Commercial - 41.93 acres B. Office - 20.24 acres C. Office - 24.70 acre11.34 D. Multi-family - 200 units, acres, with a density of 17.64 R units per acre. E. Cluster housing - 260 units, 21.85 acres, with a density of 11.9 units per acre. F. Single family - 93 units on minimum 10,000 square foot lots, 23.41 acres, with a density of 3.24 units per acre. G. Single family - 42 units on minimum 16,000 square foot lots, 19.31 acres, with a density of i 2.18 units per acre. H. Zero lot line - 144 units, 23.42 acres, with a density of 6.15 units per acre. 1. Single family - 159 units on minimum 7,000 square foot lots, 38.97 acres, with a density of 4.25 units per acre.. J. Community faciliti.>s site 14 acres. ! (Case N Z-]789) P Page Two GENERAL INFORMATION (Continued) 1 Location and Size: A 239.174 acre tract located west of Bonnie Brae Street, east of Westgate Drive, north of Payne Drive and south of U.S. Highway 77. y!! I Surrounding Land 'Jse ` and Zoning: North - Vacant; (A) South - Residential, church; (A), (SF-7)0 (SF-10) East - Vacant, residential; (A) West - Residential; (SF-16) Denton Development Guide: Area is in designated low and high intensity areas. SPECIAL INFORMATION Transportation: Perimeter street paving regulations will be applicable to Bonnie Brae (primary major arterial requiring 120 feet of right-of-way with a 4 lane divided section) and Westgate (collector requiring 60 feet of night-of-way with a 41 foot street section). Off-site paving will be required on Bonnie Brae Street. No driveway access to Highway 77 will be permitted. Right turn lanes will be required for Highway 77 which will need to be widened for a left turn lane. Driveways will be reviewed during platting and must comply with Subdivision Rules and Regulations, and will be designed to provide for adequate stacking. Sidewalks will be required on the south and west sides of all streets. Utilities: Sanitary sewer at Bonnie Brae and Payne Drive will not have capacity for this development. A parallel relief sewer must be constructed along Hinkle Drive from Crescent to Greenbriar. The developer shall extend a 12" sewer line from Hinkle across the frontage of this property. The developer must extend a 16" water line from University (Case # Z-1'189) Page Three SPECIAL INFORMATION (Continued)--- I" Drive along property frontage, Gas, telephone, and electric utilities are available to the site. A 20 foot easement will be needed on Highway 77 ` for future utilities. Drainage: Detention will be required in V commercial and light industrial areas. Residential areas to the i~ south will need detention or necessary off-site improvements downstream. HISTORY The Planning and Zoning Commission recommended denial of a planned development west of this site on May 22, 1985. The petition by the James M. Brown Company included the following land uses: General retail - 18,9 acres office - 12,3 acres Multi-family - 20.0 acres (20 units per acre) Townhouses - 5.8 acres (11 units per acre) Single family - 16.0 acres (3.3 units per acre) (SF-10) The Commission stated thai: the general retail, office, multi- family, and townhouse uses were excessive, and that the proposal did not balance with the existing established neighborhoods, Greenway Club Estates and Westgate Addition. The Planning and Zoning Commission denied an earlier request for rezoning on this site at its July 10, 1985 meeting. The proposal contained the following land uses: I Single family (13,000 square foot lots) - 18.1 acres Single family (10,000 square foot lots) - 28.8 acres Single family (7,000 square foot lots) - 35.5 acres Townhomes - 13.7 acres Multi-family (MF-2) - 9.2 acres Commerrial - 40.1 acres Two-fancily (2-F) - 19.9 acres Neighborhood service - 4.0 acres Light industrial - 48.8 acres The Commission cited problems with the density, buffering, and road alignment as reasons for denial. The Planning and Zoning Commission recommended denial of a planned development on a r R (Case Y Z-1789) Page Four HISTORY (Continued) 75 acre tract located at the northeast corner of Payne Drive and I-35 at its August 28, 1985 meeting. The petition by the r + James M. Brown Company included the following land uses: k Office - 21.86 acres Townhouses - 21.00 acres Single Family - 28.00 acres Neighborhood Service - 4.00 acres The Commission stated again that the proposal contained too much office zoning and that additional single family and open space should be provieed. The City Council approved a request by the James M. Brown Company for a planned development on the 75 acre tract located at the northeast corner of Payne Drive and 1-35. The planned development includes: Office - 16.75 acres Neighborhood Service - 4.00 acres Cluster Housing - 11.90 acres Single Family (SF-10) - 3.30 acres Single Family (SF-16) - 1.90 acres Park - "1.17 acres At its meeting of February 5, 1986, the Planning and Zoning Commission approved a planned development on this site; however, a second public hearing was held on Februarv 26, 1986 due to the exclusion of a property owner during the notification process. INTENSITY ANALYSTS This property is located in both a high intensity area and a low intensity area. During the Land Use Planning Committee meetings, the Committee determined the general location of boundarie-. to be used when analyzing intensity areas. The Committee divided into several groups to plan these intensiLr area boundaries, and staff compiled all. Che information and organized specific bound- ary lines for review. The boundarv lines for the high intensity area at U.S. Highway 77 and I-35E were drawn to ensure that the high intensity area did not encroach on the existing single family residences west of Westgate Drive, hestgate Addition. None of the Land Use Planning Committee study groups showed the line for the high intensity area below the extension of ;,,estgate Drive, along the northern boundary of Westgate Addition. Since no street exists between Westgate Drive end Bonnie Brae, the line was drawn as an extension of the existing street. (Case Y Z-1789) Wage Five INTF.'NSITY ANALYSIS (continued) At a recent study session, the Planning and Zoning Commission expressed a desire to move the boundary line for the high inten- sity area further to the north, i.e., between the existing road on the north side of the Westgate Park Addition and proposed Loop 288. Relocation of the high intensity area boundary would significantly affect land uses and street alignments within the proposed development. ANALYSIS The property is located in a low and higgh intensity area. The high intensity areas, according to the llenton Development Guide, should emphasize commercial and industrial uses, but also en- courage residential development. The Guide states that high density housing should be used to buffer low intensity areas. Furthermore, low density residential areas on the fringe of high intensity acres should be protected with intensity gradation (buffering with zoning), strict site design, and transportation planning. The low intensity areas are the City of Denton's primary residen- tial areas. The low intensity area is approximately 491 acres ' with 26.30 acres of existing residential use, 29.20 acres of single family (SF-t0 and SF-7) zoning, and 435.50 acres of agri- cultural zoning. An underlying policy of the Development Guide is to protect older neighborhoods. The Guide requires that a detailed site plan be approved if development is proposed within 1,600 feet of an existing neighborhood. Housing diversity is strongly ` encouraged in Denton; however, diversified housing should be well planned to insure that neighborhood integrity is main- tained. Planning policies mentioned in the Guide include: good site design transition between housing types and density, buffering with a greenbelt or open space, housing intensity gradation, and transportation design so that high density uses can be served without flowing through lower density uses. Buffering of aflacent properties and subdivisions was a sig- nificant issue in the last zoning request. This proposal is an improvement to the previous submittal in this regard. The southern section of the proposal which abuts single family housing and zoning is proposed as SF-10, SF-16, and a community facilities site. An additional issue the Council may wish to consider is the gradation of land use on the southern boundary of Parcel E. The cluster (four-plea) area could transition to a duplex area at the northern boundary line of the single family (SF-10) in Parcel F. (Case N Z-1789) Page Six ANALYSIS (Continued) _ - The concentration policy for multi-family in the Denton Devel- opment Guide states that the total number of units in a low intensity area is limited to 20C units and must be separated from other high density housing by 1/2 mile or 50% of the inten- sity area length, whichever is less. The proposed 11.3 acres of multi-family does not violate policy. The concentration policy of the Denton Development Guide for nonresidential uses in a low intensity area is four acres • separated by a 1/2 mile from another concentration. The pro- posed 24.7 acre office tract in Parcel C violates the 4 acre retail/office concentration standard in a low intensity area. The Development Guide states that the flood plains are part of a natural drainage system and that only limited portions of the flood plains be utilized for urban development. Therefore, the flood plains should be maintained as natural drainage ways and open space. The floodway located in the southern section of the development is now contained in a 14 acre community facilities area (proposed school and park site). The Parks and Recreation Department has recommended that at least six (6) acres of build- able land are necessary for a school/park site. Recently, staff has been made aware that the property owner to the east of this proposal is concerned about the realignment of Bonnie Brae Street. The intersection of Bonnie Brae and Highway 77 needs to be realigned to a 90° angle. The staff organized a meeting with the thee owners was corners of concernedie Brae Highway 77,1e and o one h of property about the realignment. Staff is specifically concerned about the following areas: 1) The location or relocation of the high intensity area boundary line. 2) The commercial zoning east of Bonnie Brae does not provide an adequate buffer to the agricultural zoning to the east which is located in a low intensity area. 3) When this proposal is considered in addition to the 75 acre proposal forwarded to the City Council at the last meeting, the intensity standard will be violated by 10 percent, RECOMMENDATION The Planning and Zoning Commission recommended approval of attachedaorvote of 6 dinance. to 0 outlinedlin6themeeting with89onat its ditionsFebruary 1 (Case N Z-1789) Page Seven ALTERNATIVES T- 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS r 1. Location map 2, PD Concept Plan 3. Intensity Study 4. Reply Form Totals 5. Mailing List F 6. Minutes of the Planning and Zoning Commission meeting of February 26, 1986 7, Map of High Intensity Area t 0127e I LI ~ ` r A \ iI it / ` r f I 1 - 1 io 5 ~ 139 I ..-'S F- I i , SF-7 I ' . L ! ; + I PD- 86 o SF- 7 - + ~rr 47 • Nests ~w~r AA I G r= r= !Yli r7= f w ® ,.17 0 !rr 'd -177 I r C Development Concept Jamee M. Brown, Co. ► I METROPLE?X ENOINsERINO CORPORATION 1173 "T Wogrl-1 DRv. 0QNTON, TVXAts 76205 Bngg3•ta~6 METFtQ a3t}t6~7 E ~r G y F L F r I LAND USE INTENSITY STUDY AREA # 1 Westgate Drive - Payne Drive - Bonnie Brae - I-35 I. Study Boundaries This is a low intensity neighborhood of approximately 491 acres. The neighborhood to bounded by I-35 on the west; Westgate Dr. on the north, Bonnie Brae on the east; and Payne Dr. on the mouth. These boundaries were chosen because they constitute logical planning area boundaries r (i.e., mayor arterials, railroads, zoning, eta.). This intensity standard index for a law intensity neighborhood is 75 trips per day per gross pore. II. Existing Land Use Aereege Tripe/-D .6.30 so SF•-1rX 20 Wag 526.00 TOTALS: 26.30 so 526.00 td III. Zoning on Ynoant Land cre a Trips/Day 8.95 ac SF-10 X 34 td/ac 304.30 20.25 sa SF-7 X 47 td/ac = 951.75 ' 183.50 ac Argi. X 30 td/so 5,505.00 (excluding requested zoning) TOTALS: 212.70 so 6,761.05 td IV. Z-1780 Acreage Trips/Dar 6.00 so SP-16 X 20 td/ac = 120.00 27.74 ao SP-10 X 34 td/ac = 943.16 2.17 so Detention/Pk X 30 td/ao 65.10 18.34 ac Cluster X 200 td/ac = 39668.00 16.75 so 0 X 350 td/ac = 50862.50 4.00 so C/NS X 650 td/ac 2,600.00 i TOTALS: 75.00 ac 13,258.76 td Land Use Intensity Study Area tl Page 2 Y. Z-1789 Acre a Trips/Day r 19.31 ac SF-16 X 20 td/ac 386.20 ' 23.41 ac SF-10 X 34 td/ac 795.94 38.97 ac SF-7 X 47 td/ac - 19831.59 p ° 23.42 ac 0 X 60 td/ac = 1,405.20 { 21.85 ao Cluster X 200 td/tie = 4,370.00 11.34 ac MF X 200 td/ac = 21268.00 ( 24.70 ae 0 X 350 td/ac = 80645.00 14.00 ac Park X 30 td/ac - 420.00 TOTALS: 177.00 ao 20,121.93 td VI. Intensity 36,825.00 Total intensity standard for area (491 ae X 75 td/ac) 526.00 Minus intensity on existing land use 6,761.05 Minus intensity on vacant land - 130258.76 Minus intensity on Z-1788 - 20,121.23 Minus intensity on Z-1789 - 3,842.74 Unallocated Intensity* *The area will exceed the standard by 10% if this request is approved. I 4 I 1 i 1506a t h r PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1789 IN FAVOR IN OPPOSITION UNDECIDED N Cathey J. Saia None Received 3221 Westgate Denton, TX R.D. & Mildred Martin 509 Ridgecrest Denton, 'rx Ruth G. Kellum 2016 Georgetown Denton, TX i i I I ~ 'mac T66 k d ~o J J IVA 7515L, B ~4 7 1 o -a Q A 1 0/ b 00 i I 0900 J a 5F 0 0 AO 7 4 Lego r 1 Y r i~8 9 rJ I c, 9Zi ~ ~ Y G r p a it y I -oa Lx`t vN1 r / 4/1 ut 17/ 4. /6 «at2v- o~C h S.; 30 AM 5' lire .2 ~2 i Minutes Planning and Zoning Commission February 26, 1986 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, February 26, 1936, r at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Euline Brock, Bill Claiborne, R. B. Escue, Jr. and Gary Juren Absent: Ruby Cole and Tom Pearson Y Present from Staff: Jeff Meyer, Director of Planning and Development; David Ellison, Senior Planner; Cecile Carson, Urban Planner; Lloyd Harrell, City Manager; Joe Morris, Assistant City Attorney; David Ham, Assistant Director of Utilities; David Salmon, Civil Engineer; Martha Fujauski, Administrative Intern; and Susan Mitchell, Secretary Chairman Dill Claiborne called the meeting to order. I. MINUTES: It was moved by Mr. Escue, seconded by Ms. Brock, a~ unanimously carried (4-0) to approve the minutes of the regular meeting of January 22, 1986. II. CONSENT AGENDA: It was moved by Ms. Brock, seconded by rhTr.. Escue, and unanimously carried (4-0) to approve the con:;ent agenda as follows: A. Approval of final plat of the Northwood Addition, Ilth Installment. B. Recommend approval of preliminary plat of Cooper Landing, Section III, Lots 1-4, Block L. III. PUFLIC HEARINGS A.r Z-1789. Petition of Stephen Des Jardins of the James M. rS oun"Company, representing Denton 239 Tenancy in Common, requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 239.17 acre tract located west of Bonnie Brae Street, east of Westgate Drive, north of Payne Drive, and south of U.S. Highway 77. The property is shown in the Nathan Wade Survey, Abstract 1407, and the Francis Batson Survey, Abstract 43. fhe following land uses are proposed for the development: Parcel A - Commercial, 52.05 acres Parcel B - Office, 10.12 acres Parcel C - Office, 24,70 acres Parcel D - Multi-Family, 2U0 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 densiLy of 11.9 units per acre Parcel F - Single family, 93 units on minimum 109000 square foot lots on 23.41 acres with a density of 3.24 units per acre Parcel G - Single Family, 42 units on minimum 16,000 square foot lots on 19.31 acres with a tensity of 2.18 units per acre Parcel H - Zero Lot Line, 144 units on 23.42 acres with a density of 6.15 units per acre Parcel I Single ;=amily, 159 units on minimum 7 000 st~uare foot lots on 38.97 acres with a ensity of 4.25 units per acre Parcel J - Communi+:y Facilities Site, 14 acres P 4 Z Minutes February 26, 198b Page 2 Eighteen notices were mailed to property owners within 200 feet; three reply forms were received in favor, no reply forms were received in opposition. PE'T'ITIONER; Stephen Des Jardins of the James M. Brown Cortpar.y, representing Denton 239 Tenancy in Common, stated h that this proposal was approved (6-0) two weeks ago. He said this proposal includes several changes. He said Parcel A extends further and that there is a height re- ` • striction of five stories to tie in with the Ross Perot property. He said Parcel B is restricted to three stories. i lie said Parcel C has the same restrictions as Parcel B except that it is limited to two stories. He said that EDS has an objection to the road alignment, that an offer to buy EDS property was made but EDS did not want to sell. lie said that the city staff and rest of the neighbors agree with the alignment of the road. He said that they agree with staff on the change of commmercial to general retail. Mr. Claiborne asked if the road alignment is an issue at platting. Mr. Morris said that they would need to plat the property to be in compliance with the planned devel- opment site plan. Mr. Morris stated that the Commission would need to con- sider the arrangement of the buildings and use of the land in absence of the road and if the road is altered from the location shown on the s-te plan.. Mr. Des Jardins stated that they would just like to get their plan approved. IN FAVOR: None present. OPPOSED: Larry Lloyd, representing EDS, stated that they L i vn ested in this land because it is a corner lot. He said that he was not sure this is the only way to realign the proposed road. He added that they would like to get to- gether with the property owners with tracts at the inter- section alignment and discuss the road. He said that they were not opposed to the access to their property but that the alignment of the road cancels their ccrner lot. Mr. Claiborne asked if he had any other objections besides the alignment of the road. Mr. Lloyd said no. Mr. Claiborne suggested that the staff and property owners meet and discuss the road alignment. STAFF REPORT: Ms. Carson stated th t staff's main concern is t at t e road will intersect at b 90 degree angle with Highway 77. She said that there are no objections from the other property owners in regards to the road alignment. She added that EDS still has frontage on Riney Road, Bonnie Brae, and Highway 77. She said that this case has been placed on the agenda for reconsideration due to an error in the property owner notification process. She said that Parcel B (office) has decreased in size from 20.24 acres to 10.12 acres. The reduction in size of office Parcel B results in a commercial land use being located across the street from the cluster housing area which is a less effective arrangement (transition) than the previously suggested office land use. She said that staff's recom- mendation would be that 1: be 20.24 acres. She said that if the Commission is inclined to approve, there are con- ditions recommended by staff. Mr, Claiborne asked about conditions regarding perimeter paving. Ms. Carson said that if this area develops first, P 6 Z Minutes February 26, 1986 Page 3 ' the access will need to be improved because the existing condition is poor. REBUTTAL: Mr. Des Jardins stated that they would not mind doing Te paving if they could be reimbursed. lie said that lie would like Parcel A to have a five story height restriction. lie said that the height restriction of five stories would be justified on the frontage of their prop- erty. !ie said that they have no other solution for the I road alignment. Chair declared public hearing closed. i DEX ISION: Mr. Claiborne stated that he did not have a so ut on to the road. Mr. Juren moved to recommend approval of Z-1789 with the following conditions as recommended by sta;f: 1. .A seventeen foot section of pavin£ will be required for the out tract on Bonnie Brae between Parcel D and Parcel I in conjunction with other public improvements. ' 2. A seventeen foot section of paving will be required on Bonnie Brae from the southern boundary of'this tract to Payne Drive in conjunction with other public im- provements. 3. A comprehensive site plan must be submitted for each parcel before platting is approved. The comprehensive site plan must show all development standards includ- ing but not limited to lot dimensions, lot coverage, height, parking, setbacks, ingress and egress, land- scaping, buffering/screening and signs. 4. Developer shall submit a detailed General Development Plan prior to any platting and after approval of the comprehensive site plan. That plan shall include an exact description of infrastructure improvements necessary to allow each phase or tract of land to be developed. The developer shall commit either to phases or tracts of land to be developed. The devel- oper shall comm+.t either to phases or tracts of land by desi:fining his General Development Plan to properly match twat specific method of development. i S. A tree preservation plan showing all existing trees, t all trees to be removed, and all trees to be planted. f This plan must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan. 6. A detailed landscaping plan, minimum 201 landscaping in nonresidential area, must be approved by the Plan- ning and Zoning Commission and City Council in con- junction with the comprehensive site plan. 7. Sidewalks located on south and west sides of all dedicated public rights-of-way. 8. In conjunction with the first comprehensive plan, a plan showing a cul-de-sac. at the northern end of Westgate Drive must be submitted and approved by the Planning and Zoning Commission and the City Council. 9. The cost for signalization at the east-west arterial and Bonnie Brae Street created by development of par- cels A, B and C will be divided between the developers of these tracts. The developer will pay for or gguar- antee payment for the installation of si8ntoon. 10. Access - ingress and egress - shall be approved comprehensive site plan. 11. Realignment of Bonnie Brae Street must be completed before any building permits are issued on Parcels A, B, or C. 12. A six (6) foot solid masonry fence shall be construc- ted In the following locations: the southern and western boundaries of Parcel C, western boundary of r P f, Z Minutes February 26, 1956 Page 4 I Parcel D, southern and western boundaries of Parcel E, and the eastern, western, and southern boundaries of Parcel H. 13. Development conditions for each parcel are as follows; PARCEL A Acreage - 41.93 acres Maximum Height - Three stories The area must be consistent with development standards for the general retail district in the Denton Zoning Ordinance except that scientific and research labora- tories, engine and motor repairing, wholesale office and sample room will be considered as uses on the comprehensive site plan. Specific land uses to be determined on comprehensive site plan. PARCEL B Acreage - 20.24 acres Maximum Height - Three stories The area must be consistent with development standards for the office district in the Denton Zoning Ordinance. Specific land uses must be determined with comprohen- sive site plan. PARCEL C Acreage - 24.70 acres Maximum Height - Two stories The area must be consistent with development standards for the office district in the Denton Zoning Ordinance. Specific land uses must be determined with comprehen- sive site plan. PARCEL D Acreage - 11.34 acres Maximum Number of Units - 200 Maximum Height - Two stories Minimum Amenity - 1.10 acres The area must be consistent with development standards for the multi-family (MF-1) district in the Denton Zoning Ordinance. Specific land uses must be deter- mined with comprehensive site plan. Amenity area is reserved for recreational and open space area to be identified on the comprehensive site plan. PARCEL E Acreage - 21.65 acres Maximum Number of Units - 260 Maximum Height - Two stories Minimum Amenity - 2.20 acres The area must be consistent with development standards for the multi-family (MF-R) district in the Denton Zoning Ordinance. Specific land uses must be ficter- mined with comprehensive site plan. Amenity area is reserved for recreational and open space area to be identified on the comprehensive site plan. P & Z Minutes February 26, 198b Page S PARCEL F Acreage - 23.41 acres Maximum Number of Units - 93 Maximum Height - Two stories The area must be consistent with development standards i for the single-family (SF-10) district in the Denton Zoning Ordinance. Comprehensive site pla:i required to determine development standards. 1 PARCEL G Acreage - 19.31 acres Maximum Number of Units - 42 Maximum Height - Two stories The area must be consistent with development standards for the single-family (SF-16) district in the Denton Zoning Ordinance. Comprehensive site plan required to determine development standards. PARCEL H Acreage - 23.42 acres Maximum Building Coverage - 40% Maximum Number of Units - 144 Maximum Height - Two stories Minimum Lot Depth - 100 feet Comprehensive site plan required to determine development standards. PARCEL I Acreage • 38.97 acres Maximum Number of Units, - 159 Maximum Height - Two stories The area must be consistent with development standards for the single-family (SF-7) district in the Denton Zoning Ordinance. Comprehensive site plan required to determine development standards. PARCEL J Acreage - 14.00 acres Park site shall be donated to the City of Denton at the time any part of the parcels A-J are platted ex- cept with regard to the road. Seconded by Mr. Escue and unanimously carried (4-0). B. S-187. Petition of Beth Norton Witherspoon requesting a specific use permit for the operation of a day care center in a single family (SF-10) zoning district at 1014 Sherman Drive. The property is further described as Lots 1 and 2 of the Shady Acres Addition. Twenty-four notices were mailed to property owners within 200 feet; no reply forms were received in favor, sixteen reply forms were received In opposition. PETITIONER; Beth Norton Witherspoon stated that the pop-V ulatlon for the City of Denton is estimated at 60,000 and growing. She said that there is one day care facility in this area and a need exists for a facility of this type. She said that there will be a circular drive to handle the ► I • ICY r _ • 1 • v • ' 1[x V ~ t i • • f • / 1 • :a c 1 1 • / L 1375E NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF VENTON, r; TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ` ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, C AS AMENDED, AND AS SAID MAP APPLIES TO 239.17 ACRES OF LAND LOCATED WEST OF BONNIE BRAE STREET, EAST OF WESTGATE DRIVE, NORTH OF PAYNE DRIVE, AND SOUTH OF U. S. HIGHW. 77, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING ` CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; ' SECTION I. i That the zoning classification and use designation of the real property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. i SECTION `1. 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 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 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 land for which development is proposed, whether one or more, shall be submitted for approval in accordance with the provisions of Appendix B-Zoning of the Code of Ordinances and the requirements of this ordinance. The comprehensive site plans required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community 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, 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 .Z~--/ 7 89 r applied to all signs; and such other information as may be required by the department. 2. Any comprehensive site plan required to be submitted 10, herein for any parcel of land shown on Exhibit B, whether one or more, shall not be inconsistent with the following minimum standards: r MAXIMUM MAXIMUM HEIGHT APPL1;. KLE DEVELOPMENT I MAXIMUM NUMBER OF BUILDINGS STANDARD..1PROPOSED USES- PARCEL ACREAGE OF UNITS (STORIES) PER ZONE--. DISTRICTS A 41.93 N/A 3 General Retail, and scientific and research laboratories, engine and motor repairing, and ' wholesale office and sample room type uses. B 20.24 N/A 3 Office C 24.70 N/A 2 Office i D 11.34 200 2 Multi-family (MF-1), and minimum common recre- ation/ open square area of 1.10 acres. E 21.85 260 2 Multi-family (MF-R) and minimum common recre- ation/ open space area 1 of 2.20 acres. F 23.41 93 2 Single-Family (SF-10) G 19.31 42 2 Single-Family (SF-16) H 23.42 144 2 Zoning districts not applicable; zero lot line single family homes; 401 maximum lot coverage, 1 38.97 159 2 Single-Family (SF-7) J 14.00 N/A N/A Public Park 3. The public park site shown as Parcel J on Exhibit B shall be dedicated by an approved final plat or separate Instrument of conveyance prior to the issuance of any building permits for any parcel of land to be used for residential purposas. 4. 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. 5. With each comprehensive site plan submitted for approval, a tree preservation plan shall also be submitted. The plan shall show all existing trees over three inches in diameter, Z-1789/PAGE 2 ~ L I ~r 1 ' meas,yred six feet from gruund level; which of those trees required to be shown, will be removed as a result of develop- ment; and the location, size, and type of trees that will be srnbstituted for any existing trees that are proposed to be removed, or will be planted in addition thereto. 4 6. With each comprehensive site plan submitted for approval for parcel A, h, C, D, or E, a landscaping plan shall be sub- mitted showing at least twenty percent of the total area of the tract, exclusive of areas for street rights-o£-way, to be permanently used and maintained as common areas for plants, shrubs, grasses or other landscape features, 7. After approval of any comprehensive site plan for any parcel of land in the district which is proposed to have direct or indirect vehicular access to Bonnie Brae Street, but prior to the beginning of any development of such parcel, a development contract as required by Appendix A of the Code of Ordinances shall be executed to provide for the paving of Bonnie Brae Street in accordance with the provisions of Appendix A of the Code of Ordinances, provided, however, that such improvements shall include the improvement of Bonnie Brae Street from its intersection with Highway 77 to its intersection with Payne Drive. Such improvements shall be made in accordance with City standards and shall be completed and approved prior to the acceptance of any public improvements in the parcels of land to which this paragraph applies. 8. After approval of any comprehensive site plan for either arcels A, B or C, as shown on Exhibit B, but prior to the beginning of any development of such parcels, a development contract as required by Appendix A of the Code of Ordinances shall be executed to provide for the realignment of Bonnie Brae Street where it intersects with Highway 77, as shown on Exhibit B, and to provide for the cost of all needed traffic signalization for the proposed intersection of the realigned Bonnie Brae Street and the major east-west arterial street adjacent to parcels A, B, and C. The realigned street shall be constructed in accordance with City standards. The realigned street and required traffic signalization shall be completed and accepted, and that portion of the existing Bonnie Brae Street replaced by the realigned street shall be removed as required by the City Engineer, prior to the acceptance of any public improvements in the parcels of land to which this paragraph applies. 9. 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, meeting City specifications, along the southern and western sides of all public streets to be constructed or improved within or adjacent to the district. 10. The first comprehensive site plan submitted for approval for the district shall be accompanied by a plan providing for a cul-de-sac at the northern end of Westgate Drive where it abuts the district. The development contract for the first parcel of land or phase to be developed shall provide for construction an completion of the required cul-de-sac in accordance with the plan thereof approved with the first comprehensive site plan. 11. Prior to the issuance of any building permits for buildings in parcels Co D, E, or H, a six foot high masonry fence shall be constructed along the respective borders of the parcel for which the building permit is sought, such fences to Z-1789/PAGE 3 i be located as follows. the southern and western boundaries of Parcel C; the western boundary of Parcel D; the southern and western boundaries of Parcel E; and the eastern, western and southern boundary of Parcel H. SECTION IV. r 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 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 uses; the arrangement and desigr, 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 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 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. I i That the City Council of the City of Denton, Texas, hereby general welfare of comprehensive the promoting accordance plan finds for at the u purpose change of is in F City of Denton, Texas, and with reasonable consideration, among view its suitability the character hparticular uses, and for other peculiar things 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 VI1. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements shall thereof, guilty of of a a mipermit or sdemeanor certificate punishable by Issued fine er, not d be exceeding achh person every shall day or One deemed Thousand guiltty of Dollars separate Ooffense Each portion thereof during which any violation of this ordinance is such committed I or punished within the limits any above. violations such person continued, and r SECTION VIII. That this ordinance shall become effective fourteen (14) to cause Its te passage caption n of t this i ordinance to he be days hereby directed date Z-1789/PAGE 4 r 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. MAYOR CITY OF DENTON, TEXAS 1.0 ATTEST: CHARLOTTE ALLEN, C R i CITY OF DENTON, TEXAS l ~ APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1 BY: iJ Gam, ti's R rY I I i Z-1789/PAGE 5 L EXHIBIT "1" All that certain lot, tract, or parcel of lend situated in the Nathan Wade Survey, Abstract Number 1407 and the F. Batson Survey, Abstract Number 43, Denton County, Texas and being a tract described in a Quit Claim Deed to Dillon F, Smith and John Linn Smith, recorded in Volume 608, page 393, Deed Records and part of a tract described in a deed to Dillon F. and John Linn Smith, recorded in Volume 608, page 394, Deed Records, part of a tract to Dillon F. Smith, Trustee, recorded in Volume 608, page 396, Deed Records, and part of a tract to John Linn Smith and Dillon Francis Smith, recorded in Volume 512, page 573, part of a tract to Frank W. Head, recorded in Volume 660, page 728, Deed Records and being more particularly described as follows: Beginning at a fence corner post at the northwest corner of the tract described in Volume 608, page 393, Deed Records; • Thence North 89 degrees 45 minutes 35 seconds East with a fence 1902.32 feet to an iron pin found in the ground; Thence North 00 degrees 19 minutes 25 seconds East 759.45 feet to an iron pin found in the ground on the south right-of-way of U.S. Highway 77; s Thence South 58 degrees 58 minutes 17 seconds East with the south line of said U.S. Highway 77, 694.30 feet to a fence corner poet; Thence South 45 degrees 06 minutes 04 seconds East 82.39 feet to a fence corner post; Thence South 26 degrees 01 minutes 58 seconds East with the west line of Bonnie Brae 378.32 feet to a fence corner post; Thence North 89 degrees 45 minutes 35 seconds East 32.40 feet to an F iron pin set in the center of Bonnie Brae, said turner being the northeast corner of said Volume 608, page 393; Thence South 00 degrees i9 minutes 28 seconds West with said east line 1902.59 feet to an iron pin set in the ground; Thence South 89 degrees 56 minutes 37 seconds West with a fence part of the way 987.40 feet to an iron pin set in the ground; I r Thence South 00 degrees 13 minutes 25 seconds West a distance of `k 1444.98 feet to an iron pin set at a point in the south line the tract described in Volume 608, page 396 and in the north line of tract described in Volume 512, page 573, Deed Records; Thence South 89 degrees 30 minutes 41 seconds East with said south line 61,16 feet to an iron pin sat in the ground at the northwest corner of the excepted tract described in Volume 512, page 573, Deed Records; Thence South 00 degrees 48 minutes 12 seconds 'West with the west line 1 of said excepted tract 237.62 feet to an iron pin set in the ground at its southwest corners I Thence South 89 degrees 11 minutes 59 seconds East with a fence on the south line of said excepted tract 900.0 feet to a fence corner post at the southeast corner of the excepted tract; Thence North 00 degrees 48 minutes 01 seconds East with a fence on the east line of the excepted tract 242.52 feet to a fence corner post; Thence South 89 degrees 31 minutes 20 seconds East a distance of 23.67 feet to an iron pin set in the east line of said Wade Survey; Thence South 00 degrees 19 minutes 28 seconds West with the east line of the Wade Survey 916.79 feet to an iron pin set in the ground; Thence North 89 degrees 49 minutes 11 seconds West with a fence part of the way 2720.22 feet to an iron pin found in the center of Payne Road; Thence North 00 degrees 05 minutes West with the center line of Payne Road 2905.45 feet to an iron pin found; Thence North 00 degrees 24 minutes 46 seconds West a distance of 1348.13 feet to the Point of Beginning and containing 239.174 acres of land. Z-1749 F l i P ' EXHIBIT "B" 1 r i i IlrlnPM ,r~ •,r , I Development Concept Janos M. Brown, Co. 1 MRTROP0LEX ■ ■ TROP RING CORPORATION i m Pmr wCnrsr onvr EWNrON. rf#y 7UM 017.3]441! "Mc 430-1691 Z-1789 M F v DATE: 04/01/86 CITY COUNCIL REPORT FORMAT / I T0: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager ~ SUBJECT: Public Hearing for Z-1792 M RECOMMENDATION: r The Planning and Zoning Commission considered this item at its meeting of February 26, 1986 and voted to recommend approval of Z-1792 by a vote of 4-0 with conditions. • SUMMARY: This is a request to amend an existing planned development (PD-96). The amendment extends the depth of the two-family area to the northern boundary of the adjacent subdivision and reclassifies the warehouse tract as a cluster housing area. BACKG OA UND: The proposed amendment does not significantly increase the previously approved intensity violation and provides better buffers for adjacent single family property. PROGRAMS DEPARM-KTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the general fund. Reap fully mitt / L o d Harrell Prepared by: Cit; Manager Name~~ n ~ tl Denise Spivey Urban Planner Appro Jeff May Director of Planning and Development 0103k i PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL To: Denton City Council X. Case No.: Z-1792 Meeting Date: April 1, 1986 GENERAL INFORMATION Applicant: Metroplex Engineering representing strata Properties, Inc. 1123 Ft. Worth Drive Denton, Texas 76205 I Status of Applicant: Engineer/Planner Requested Action: Amendment- of an existing planned development (PD-96) to permit the following land uses: (A) two-family residential - 74 units on 6.4 acres with a density of 11.2 units per acre, (B) multi-family - 200 units on 10 acres with a density of 20 units per acre, (C) cluster housing - 40 units on 3.5 acres with a density of 11.4 units per acre, (D) retail/ office/showroom - 6.8 acres, (E) office/warehouse - 7.7 acres, (F) detention area - 1 acre, (G) street dedication - 2.2 acres. Location and Size: A 37.6 acre tract located at the northwest corner of Audra Lane and Loop 288. Surrounding Land Use and Zoning: North - Commercial, vacant; (C) South - Vacant; (PD), (C) East - Vacant; (C), (A) West - Single Family; (SF-7), (PD-64), (A) Denton Development Guide: Site is located in a low intensity area. r r (Case # Z-1792) Page Two E SPECIAL INFORMATION Transportation: The property has frontage on Loop 288, a primary major arterial and Audra Lane, a collector street r. , requiring 60 feet of right-of-way. Perimeter street paving regulations will be applicable to Audra Lane. Sidewalks will be required along the south and west sides of all streets in the development. Direct access from the interior collector street to Loop 288 will not be permitted; access from this road to Loop 288 will be via Loop access ramp only. Driveway entrances will be approved on the comprehensive site plan. Utilities: A proposed 20" water line to be constructed along Loop 288 later in 1986 will provide adequate water service for this development. An 8" water line is also proposed on Audra Lane on the southern boundary of this tract. The sanitary sewer may need to be extended to the west side of Loop 288 to the 15" section. Electric, gas and telephone service are available to the site. Drainage: A significant portion of this tract is located in the flood plain. A one acre detention site is proposed to handle the runoff from this tract. HISTORY On February 19, 1985, the City Council approved a planned development (PD-96) at this location that 0.contained thea density following land uses,: (A) two-family of 11.2 units per acre, (B) multi-family - 9.8 acres with a density of 20 units per acre, (C) warehnuse - 4.1 acres, (D) retail/office/showroom - 6.7 acres and, (E) office/warehouse - 4.4 acres. On July 24, 1985, the Planning and Zoning Commission denied a request to amend the planned development by eliminating the 10.17 acre duplex section and redesignating it as multi-family (MF-R). r (Case # Z-1792) Page Three 1 ANALYSIS Staff recommended denial of the original request and the previously proposed amendment due to violations of the intensity standard, multi-family and retail/office concentration policies, f and the strip commercial policy. The currently proposed amendment does not significantly increase the previously approved violations of these policies. This proposal extends the depth of the two-family or duplex area to the northern boundary of the adjacent single family subdivision (Oak Ridge Estates) and reclassifies the warehouse tract as A cluster housing area. These land uses are more desirablE buffers for adjacent single family residences than the multi-family and warehouse uses on the currently approved concept plan. RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of February 26, 1986 and voted to recommend approval of Z-1792 by a vote of 4-0 with the following conditions: A. A comprehensive site plan must be submitted for each parcel before platting is approved. The comprehensive site plan must show all development standards including, but not limited to, lot dimensions, lot coverage, height, parking, setbacks, ingress and egress, landscaping, buffering/ screening, and signs. B. Developer shall submit a detailed General Development Plan prior to any platting and after approval of the comprehensive site plan. That plan shall include an exact description of infrastructure improvements necessary to allow each phase or tract of land to be developed. The developer shall commit either to phases or tracts of land by designing his General Development Plan to properly match that specific area of development. C. A detailed landscaping plan must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan. 20% of all tracts except the two-family area shall be landscaped. D. A tree preservation plan showing all existing trees, all trees to be removed, and all trees to be planted must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan. E. Sidewalks shall be located on the south and west sides of all dedicated public right-of-way. F. Development standards for the two-family (2-F) tract shall be consistent with the (2-F) portion of the City of Denton Zoning ordinance. I (Case Y Z-1792) Page Four RECOMMENDATION (continued) F G. Development standards for the multi-family tract shall be consistent with the (MF-1) portion of the City of Denton ' Zoning ordinance. H. Development standards for the cluster housing tract shall be consistent with the (MF-R) portion of the City of Denton Zoning ordinance. I, Development standards for the retail/office/showroom tract shall be consistent with the (GR) general retail portion of the Zoning Ordinance. J. Development standards for the office/warehouse tract shall be consistent with the office (0) portion of the Zoning Ordinance excepc that warehouses may be considered as a proposed land use. K. Six (6) foot solid masonry fences shall be placed along the western boundary lines of the office/warehouse and multi-family tracts. k L. Collector Street connection to Loop 288 access ramp to be determined on the comprehensive site plan. F ! I ALTERNATIVES ~r 1 I 1. Approve petition ` 2. Approve petition with additional conditions r ! 3, Deny petition ' ATTACHMENTS 1. Location Map F 2. Proposed Planned Development Concept Plan 3. Current Planned Development Concept Plan ! 4. Reply Form Totals 5, Mailing List 6. Minutes of the February 26, 1986 Planning and Zoning Commission meeting. ` I! i U126e I i 'I J S-84 1 t _ P 1 C liFO 56 MF•I - C A PD-64 CF, ~ I OWN 1 ' C $x•10 S.5 ' -S-126 PO-T3 cr _ . f I I 1 ' LI A ' I i I ~ , Y~ e•M frp•I eI1•ref . ~r ~ CIt 0 AI ~ M e : • 0 •i [ONC < n C j C L~TV R 1 • . , f o N r I p I 4• ; c~c I'tc I ITC I!k 0a" I N V ♦ r • J~ ; • 0 • ail ~ 1 i R M ~ rll ' ~Y~~ ____------nowecrftlarnr+•u- f f'f•rr urW -v-A T7 f r I + _ ■ Y • w N y a ./yl ~ ~ ,I. ~ ~ r ~ , I i I , i ~ J r ■ • 3 P a ► J4 jv. r J ~ ~V ~ / ~ ~ II II r I , ~ Lai I f M n 1 ) 1 11 • j 'I I A 11 I. ~r. j 1, 1 4~Lr 0% 1,~' tilt 17 r4o ~ j ~ ...~~~~I LOO ` tf• ~ g6' ' M Z-Z yy vr.r..,w le•re ( ~ N * y • . r 1119 E r IP r r gig t P ,yi i i e e • J•• y n iR f f Il I Rai . Clip 1: -4 iz~ < r f • 34-~ w' ~I 9~~ t gf i u ~'I q f ~ ; j i j1 Y ~ tV I~r ` M P r i 1C4r ii n • b • c. . I . ~t o , ! ~~1 ` .,~L. fi'r' -~0•. - V r. r • M I ~ I 1 er w~rrr--- ~a•- S 1 K a 41 III ~ 1 i\llll\ si! 11 1 tl~ r i # poor ui~ i 1 s n • e! t v ' I E I ~ . • Ali. ~ O t i or. r I ~ J F. r PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-192 . IN FAVOR IN OPPOSITION UNDECIDED Don Richards Alan Chamberlain P.O. Box 828 2009 Audra Lane Denton, TX Denton, TX Fred H. Peterson J. W. Burris 7028 Royal Lane 420 South Carroll Dallas, TX Denton, TX r i 'I I 4 I f I ~l i Z- i i ov~~ 2 r Ty 30 lic ~ U1V ~Vl~ r ! G~rl I I, 7J , r 5/ S y X 7/ 8 ivrnkr, :CfYr I-y 7ba61 414 . 7• ' At PLAT vAI Mgt r C/tj 1- / 7 ~ 7 V. w~` Z- 74 z E U a fX 7bzoi ti f f E r ~ P 6 Z Minutes February 16, 1986 Page 8 Chair declared public hearing closed. DECISION: Mr. Claiborne stated that there is a need in Ifenfon For more of these facilities. He said that he felt the facility would be appropriate in another location. Mr. Claiborne moved to deny S-187. Seconded by Mr. Escue. Ms. Brock stated that this is an unusual lot. She said ' that the older homes are in danger and need protection. She added that there is a traffic and safety hazard at f this location. r Vote was called and motion carried unanimously (4-0). f~ C. [Z-1792. 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. B. 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 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 acres of retail/office/showroom 7.7 acres of office/warehouse 1 acre of detention area 2.2 acres of street dedication Twelve notices were mailed to property owners within 200 feet; two reply forms were received in favor, one reply ` form was received In opposition. PETITIONER: Roger Barrett of Metroplex Engineering orpora'ETon, representing Strata Properties, stated that f they are in agreement with staff's recommendations. IN FAVOR: None present. OPPOSED: None pre:;ent. STAFF REPORT: Ms. Carson stated that staff recommended en a of fhe original zoning request and the previously proposed amendment to the planned development due to violations of the intensity standard, multi-family and retail/office concentration policies, and the strip com- meicial policy. The currently proposed amendment does not significantly increase the previously approved violations of these policies. This proposal extends the depth of the two-family or duplex area to the northern boundary of the adjacent single fitmily subdivision (Oak Ridge Estates) and reclassifies the warehouse tract along the northern bound- ary as a cluster housing area. These land uses are more desirable buffers for adjacent single family residences than the multi-family and warehouse uses on the currently approved concept plan. She said that staff recommends approval with conditions including an additional condition that the location of the collector street connection to the Loop 289 access ramp be determined on the comprehen- sive site plan. REBUTTAL: None offered. f P b Z Minutes February 26, 1986 Page 9 Chair declared public hearing closed, DECISION: Mr. Juren moved to recommend approval of Z-1792 w TFFT e following conditions as recommended by staff: 1. A comprehensive site plan must be submitted for each parcel before platting is approved. The comprehensive site plan must show all development standards includ- in~, but not limited to, lot dimensions, lot coverage, • height, parking, setbacks, ingress and egress, land- scaping, buffering/ screening, and signs, 2. Developer shall submit a detailed General Development Plan prior to any platting and after approval of the comprehensive site plan. That plan shall include an exact description of infrastructure improvements necessary to allow each phase or tract of land to be developed. The developer shall commit either to phases or tracts of land by designing his General Development Plan to properly match that specific area of development, 3. A detailed landscaping plan must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan. Twenty percent of all tracts except the two-family area shall be landscaped. 4. A tree preservation plan showing all existing trees, all trees to be removed, and all trees to be planted must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan. 5. Sidewalks shall be located on the south and west sides of all dedicated public rights-of-way, 6. Development standards for the two-family (2-F) tract shall be consistent with the (2-F) portion of the City of Denton Zoning Ordinance. 7, Development standards for the multi-family tract shall be consistent with the (MF-1) portion of the City of Denton Zoning Ordinance. 8. DevelopPment standards for the cluster housing tract shall be consistent with the (14F-R) portion of the City of Denton Zoning Ordinance, 9, Development standards for the retail/office/showroom tract shall be consistent with the (GR) general retail portion of the Zoning Ordinance. 10, Development standards for the office/warehouse tract shall be consistent with the office (0) portion of the Zoning Ordinance except that warehouses may be consid- ered as a proposed land use. 11, Six (6) foot solid masonry fences shall be placed along the western boundary lines of the office/ warehouse and multi-family tracts. 12. Location of the collector street connection to the Loop 288 accer 'imp shall be determined on the compreher.r plan, L Seconded ES.:t and unanimously carried (4-0). D. Z-1795. Pr'icior. Jack Vaughn requesting a change in aoni-ng from the single family (SF-7) district to the multi-family (MF-1) classification on a tract located at 1111 Fannin Street. The tract is further described as Lots I and 2 Block 3, of the W. H. Wat tam Addition. If the request 3s approved, the property may be utilized for any purpose permitted in the multi-family (MF-I) district by the City of Denton zoning ordinance. Twenty-one notices were mailed to property owners within 200 feet; no reply forms were received in favor or opposition, 1387L NO. AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT DISTRICT APPROVED BY ORDINANCE NO. 85-70, AS IT APPLIES r0 37.6 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 PENALTY IN A MAXL+fUM AMOUNT OF $1000.0o rOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That Ordinance No. 85-70, approved on April 2, 1985, providing for the zoning classification and use designation of 1 the real property described in Exhibit A, attached hereto and f herebyoamendedy in f fuerlence, as a Planned so that hereafter o the Development District, be governed by the provisions of this ordinance. SECTION 11. That the site plan attached hereto as Exhibit B, which is incorporated herein by reference, is hereby approved as the development plan for the district subject to the conditions, limitations and restrictions contained in this ordinance. 13ECTION III. I - That the district herein approved, as amended, shall be Ir subject to the following conditions, restrictions, and limitations: 1. That the 6.4 acre tract designated for two-family (2-F) residential development, as shown of Exhibit B, shall be developed and used in accordance with the development standards and regulations applicable to two-family i2-F) dwelling districts, as provided for in Appendix B-Zoning of the Code of ` Ordinances, on the effective date of this ordinance. 2, That prior to the beginning of any development or construction for any parcel of tract within the district, except the tract referred to in 1., above and to the Issuane of any building permits therefore, a detailedr comprehensive csite p lan fu the parcel of land for which development is proposed, whether more, shall ofe Appendix B-Zoning approval rthe lCode l of Ordinances and tae provisions of this ordinance, The required comprehensive site plans shall be submitted in the manner and form acceptable to the Department of Planning and Community Development and shall contain or show information as to all proposed land uses, development standards and regulations to be applicable therein, including, but not limited to the following: the location of all buildings and structures, streets, parking and loading areas, open spaces, and recreational areas, major utilities and drainage facilities; the maximum hr;fght of all buildings and structures; the dimensions of all building lots; the maximum lot coverages and building setbacks; all buffering and screening areas and devices; the I r v location, size, and types of detached signs and the regulations r to be applied to all signs; and such other development information as may be required by the department. I 3. A general development plan, as specified in Appendix A of the Code of Ordinances, shall be submitted with the first parcel of land to be platted for development. 4. With each required comprehensive site plan, a tree preservation plan shall also be submitted. The tree plan shall show all existing trees 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 type of trees that will be substituted for any existing trees that are proposed to be removed, or will be planted in addition thereto. S. Each comprehensive site plan required to be submitted shall provide for sidewalks along one side of all existing or propposed public streets within or adjacent to the tract proposed to be developed. 6. With each required comprehensive site plan, a comprehensive landscaping plan shall also be submitted. The landscaping plan must show at least twenty percent of the total area of the tract to be developed, exclusive of areas to be dedicated as public streets, to be permanently used and maintained as common areas for plants, shrubs, grasses or other similar landscape features. 7. The comprehensive site plan required for the 10 acre parcel of land proposed to be used for multifamily dwellings, as shown of Exhibit B, shall contain development standards and regulations which are consistent with the regulations that are applicable to multifamily dwelling districts (MF-1), as provided for in Appendix B-Zoning of the Code of Ordinances, on the effective date of this ordinance. 8. The comprehensive site plan required for the 3.S acre parcel of land proposed to be used for cluster housing, as shown on Exhibit B, shall contain development standards and regulations which are consistent with the regulations that are applicable to multifamily restricted (MF-R) zoning districts, a provided for in Appendix B-Zoning of the Code of Ordinances, on the effective date of this ordinance. 9. The comprehensive site plan required for the 6 acre parcel of land proposed to be used for retail, office, and warehouse uses, as shown on Exhibit B, shall contain development standards and regulations which are consistent with the regulations that are applicable to general retail (GR) zoning districts, as provided for in Appendix B-Zoning of the Code of Ordinances, on the effective date of this ordinance. 10. The comprehensive site plan required for 7.7 acre parcel of land proposed to be used for office and warehouse uses, as shown on Exhibit B, shall contain development standards and regulations which are consistent with the regulations that are applicable to office (0) zoning districts, as provided for in Appendix B-Zoning of the Code of Ordinances, on the effective date of this ordinance. PAGE 2 i P 11. Prior to the issuance of any building permits for buildings on the tract of land proposed to be used for office and warehouse uses and the tract of land proposed to be used for multifamily dwelling uses, as shown on Exhibit B, a six-foot high solid masonry fence shall be constructed along the western boundaries of the respective tracts. SECTION IV. That the approval of the district and attached site plan for the district as provided for herein, shall not, as to any parcel or tract of land contained in district, except the tract or ' parcel shown for two-family (2-F) use, be construed as final approval of the proposed land used for such tracts of land, but shall be construed to mean that those proposed land uses, as provided for herein, may be considered as possible appropriate uses for such tracts of land in the district at the time the comprehensive site plans required therefore are submitted for approval; the final approval thereof being dependent upon relevant factors, which may include, but not be limited to the following: the time elapsed from the effective date of this ordinance to the date the required comprehensive site plan for the tract of land is submitted; the number, size and location of proposed buildings or dwelling units shown thereon; the proposed uses shown thereon; the arrangement and design of the buildings, streets, parking areas, utilities and other development features shown thereon; and any other development features or proposes regulations to be applied therein, SECTION V. 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, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifica..ions. SECTION VI. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and fur 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 falls to comply therewith or with any of the requirements thereof, or of a permit or cortificate 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. PAGE 3 SECTION 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 f twice In the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of Its passage. PASSED AND APPROVED this the day of , 1985. I MAYOR CITY OF DENTON, TEXAS i' i ATTEST: CHARLOTTE ALLEN CITY SEMTM CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY Ce -,t l rye I I {i 1 PAGE 4 J EXHIBIT "A" 06 January 1956 -7040 'itrata properties All that certain 37.600 acre tract or parcel of land situated in the R,3. Lonloottom Survey, Abstract ''umber 773, Denton County, Texas, said tract heing part of a called 24,935 icre tr.nct shown by deer! to 'turner F. Cassa.day, recorded in Volume 504, page 229 and part of a called 16,141 acre tract shown by deed to Turner F. 0assaway, recorded in Volwne 504, pale 226, Deed Records, Denton County, Texas, and being more particularly described as follows: • Beginning for the northwest corner of this Lrnct at an iron pin, said pin is the northwest corner of said 24.925 acre tract, and said pin is ` also the northwest corner of a called 40,00 acre tract shown fy deed to J.P. Sitz, recorded in Volume 130, page 519, Dead Records, Denton County, Texas; I Thence South 98 doarees 42 minutes 24 seconds East with the north line of said 24,925 acre tract, a distance of 331,94 feet to an iron pin, found, the northwest corner of n tract shown by deed to Fred :I, and Sam 4, Peterson, recorded In Volume 929, page 553, Deed Records, Dentoi, County, Texas, for the most northerly northeast corner of this tract; ' Thence South 00 degrees 37 minutes 24 seconds hest with a fence a distance of 100.13 feet to a fence corner post, the southwest corner of said Peterson tract, for an inner ell corner of this tract; i Thence South 18 degrees 36 minutes 27 seconds East with a fence, and the south line of said Peterson tract, a distance of 335,39 feet to an iron pin in the southwest right-of-way of Loope 298, as widenud, said pin is the southwest corner of a tract shown by deed to State of 'Texas, recorded in Volume 1039, page 996, said pin is also the northwest corner of a tract shown by 'deed to state of Texas, recorded in Volume 1374, page 991, Deed Records, Denton County, Texas, for the most easterly northeast corner of this tract; Thence South 09 degrees 23 minutes 43 seconds East with the said southwest right-of-way of Loop 299 as widened a distance of 733.94 feet to nn iron pin for an angle point of this tract; 'Thence south 00 degrees 39 minutes 16 seconds '.:e5t continuin¢ vith said right-of-way a distance of 305.69 feet to an iron pin in t!v center line of Audra Lane, said pin is also in the south line n~ said Longbottom Survey, for the southeast corner of this tract; Thence North. 39 da;roes 31 minutes 25 seconds (lest with said center line, -,nd sold south line of survey a distance of 1295.94 feet to un iron pin found, for the southwest corner of this tract; 'thence 'forth 00 degrees 11 minutes 34 seconds ::ast with a fence part way a distance of 1353.43 feet to Point of 3eginning. r Z-1792 EXIJBIT "IS" 1 O V f ~r t~ t 71 ~ ' M+4Jr A'.I C I;IC ra bw p 1Y f S r r, N I y / ~ If ((EE r 13 I , It 1 li 1, wr '1 + ~ ~ e r ! 1 r * 7-1 1 ,:,a~ + .,..rte ; , I Y cOr• 1~ gy r~ , t 8 ' Q e ~ S;~9Q r g I p3 t' 3 Z-1792 P DATB: 04/01/86 1 CITY CI REPORT FORMAT TO: Mayor and Members of the City Council ► i FROM: Lloyd Harrell, City Manager SUBJRCT: PUBLIC HEARING FOR Z-1795 RRCOM UNDATION : The Planning and Zoning Commission considered this item at its meeting of February 26, 1986 and voted to recommend denial of Z-1795 by a vote of 4-0. SUMMARY: This is a request for a change in zoning from the single family (SF-7) distri,zt to the multi-family (MF-1) classification on a .51 acre tract located at 1111 Fannin Street. BACKGROUND: The property is located in a low intensity area whioh is already over the standard by approximately 17% based on existing zoning. Approval of this request will increase the violation of this standard and violate the neighborhood protection policy. i r PROGRAMS. DRPARTMRNTS OR GROUPS AFFBCTRD: Not applicable. FISCAL IMPACT: There is no impact on the general fund. Resp ully a ittedd Llo d Harrell Prepared by: City Manager 4-axL Denise Spi ey Urban Planner Appro Jeff Key Director of Planning and Development 0102k PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council t Case No.: Z-1795 Meeting Date: April 1, 1966 GENERAL INFORMATION Applicant: Jack Vaughn 7217 Oakland Lane Ft. Worth, Texas 76118 1 Status of Applicant: Owner f Requested Action: Change in zoning from the single family (SF-7) district to the multi-family (MF-1) classification ! Location and Size: A 0.51 acre tract located at 1111 Fannin Street. The property is further described as Lot 2 & pt Lot 11 Block 3 of the W. H. Wattam Addition Surrounding Land Use and Zoning: North - Single family residential; SF-7 South - Single family residential; SF-7 East - Multi-family; MF-1 West - Single family residential; SF-7 Denton Development Guide: Area is designated as low intensity SPECIAL INFORMATION R ` Transportation: No street improvements appear to be needed since both Fannin and Welch Streets are curbed and guttered. Driveways will be analyzed when site plan is submitted to ensure conformance with the Subdivision Regulations. (Case Z-1795) Page Two SPECIAL INFORMATION (continued) tit utilities: The existing 611 water line in Fannin Street may not have enough flow to provide adequate !:,'.re protection for this development. The existing 6" sewer line is substandard and runs into an overloaded line on Eagle Dril;e. A relief sanitary sewer line must be constructed on Eagle Drive by the City later this year before this development may connect onto sewer service. Electric, telephone, gas 1 and cable service are available to f! the property. ' Drainage: Drainage does not appear to be a problem since the tract is located near the top of a hill. All drainage j should be discharged to Fannin and Welch Streets. I 1 i ~ i 1 ANALYSIS This tract is located in a low intensity area designated by the r Denton Development Guide. Based on existing zoning, this t intensity area is already over the standard by approximately 17%. Approval of this request will increase the violation of thia standard. The Development Guide recommends as a matter of priority the need to protect existing housing stock and existing neighborhoods. Low and moderate income people should have protection of their quality of life. This includes protection ' from traffic, noise, privacy, and their property values. A small multi-family complex exists to the east of this tract and approval of this request is further encroachment into this residential neighborhood. RECOMMENDATION The Planning and Zoning Commission considered this item at its meeting of February 26, 1986, and voted to recommend denial of Z-1795 by a rote of 4-0. i r . (Case Z-1795) Page Three ALTERNATIVES 1, Approve petition 2. Deny petition ATTACF[MENT • 1. Location Map h 2, Reply Form Totals 3. Mailing List 4. Minutes of 'February 26, 1986, Planning and Zoning Commission meeting i l ~ I f r I i i r 0083k • -~---r-- J 5 t ` r ~ t S Nw ,-.ILA ~Gl u l .I. Jt r ~ w I 1 . 1M1 1 an 1~ a V I • w M • V ~ • sl 1~.. • . y 1f i ~ , r' I ~ G I J' • I u' y i AL- NEFF C II t + r f i ► - a _ G WELCH f f SiL... a1.~ 4Y y. fl ■ - I + S n.ii '-T.I-iii' w T •w y ' ~ \i YM 3 k.l 3 ti N I u i ua ~1 I¢N"i' N t ali Aga_aYr~•VliwU ll•t tt.!N I ,y~V~/ I N nl.._ (1 l ewr I_ `n u; • t fi A • 3 k• r w u " p _ - -A I Sj ~.ri. :::f... 1111111 ~ ~li~ i ~ ~ _MEMO y `_%V / L 1 I + N I _ MAN • • ~!y p0 yid ~ ti 1 - S a I x ~ s I _ I i - a~-.. 1~QiyC1j ~ ,~..'1 ~ 1Y Z•.+" I 1~ Y V ; a • , r ~ M~. ~ 1_~ 7 i s R c I~ a+ r • w t w u l ~A}~ S _'-"dr_ _ - - .KRHA~o N ~ i hh 1' ~ Qr + r 61 -47 » r « ~ ~ + Q w V ~ 1r y ~ 1r : N u 4 w! ~v r- 1 11~~ ll I CLEVELAND ' S CLEVELAND M N r r M 1I'Ty1I N ,1 I 1 E n - ~ 1 I N f W. 10 ) 1IIIIIIIIIIIIS r r PROPERTY OWNER REPLY FORMS CITY COUNCIL ' Z-1795 F IN FAVOR IN OPPOSITION UNDECIDED ~ j Elizabeth Reves Garrett None Received Bruce Chamberlain 1705 Emery 1905 McCormick Denton, TX Denton, TX (Church of Nazara-e) r 4 P 5 i1o 5~0 fJ p - I ~ ' ,Q/ ~PLQ Cic i D gig 0/_Zo (iklily?, 16A i~, ~ c3 r OACL) I 3 J G f 1 I ~ r l r / ~r r I f c /cc(. k c - ~1 At 112 rir r f ' 3L)ol i F VV Il i n i r Ir ~ ~y h 7 ray I 3 6 S r c { r F P Z Minutes February 26, 1986 Page 9 I Chair declared public hearing closed. DECISION: Mr. Juren moved to recommend appr,)val of Z-1792 iT tfi-_t-he following conditions as recommender, by staff: 1. A comprehensive site plan must be submitted for each parcel before platting is approved. The comprehensive site plan must show all development standards includ- ing, but not limited to, lot dimensions, lot coverage, • height, parking, setbacks, ingress and egress, land- scaping, buffering/ screening, and signs. 2. Developer shall submit a detailed General Development Plan prior to any platting and after approval of the comprehensive site plan. That plan shall include an exact description of infrastructure improvements necessary to allow each phase or tract of land to be developed. The developer shall commit either to phases or tracts of land by designing his General Development Plan to properly match that specific area of development. 3. A detailed landscaping plan must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan. Twenty percent of all tracts except the two-family area shall be landscaped. 4. A tree preservation plan showing all existing trees, all trees to be removed, and all trees to be planted must be approved by the Planning and Zoning Commission and City Council in conjunction with the comprehensive site plan. Sidewalks shall be located on the south and west sides of all dedicated public rights-of-way. 6. Development standards for the two-family (2-F) tract shall be consistent with the (2-F) portion of the Clty of Denton Zoning Ordinance. 7, Development standards for the multi-family tract shall be consistent with the (MF-1) portion of the City of Denton Zoning Ordinance. 8. Ueveloppment standards for the cluster housing tract shall be consistent with the (MF-R) portion of the City of Denton Zoning Ordinance. 9. Dsvelopment standards for the retail/office/showy om tract shall be consistent with the (Glt) general retail' portion of the Zoning ordinance. 10, Development standards for the office/warehouse tract shall be consistent with the office (0) portion of the Zoning Ordinance except that warehouses may be consid- ered as a proposed land use. 11. Six (6) foot solid masonry fences shall be placed along the western boundary lines of the office/ warehouse and multi-family tracts. 12, Location of the collector street connection to the Loop 288 access ramp shall be determined on the comprehensive site plan. Seconded by Mr. Escue and unanimously carried (4-0). D. rZ-1795. Petition of Jack Vaughn requesting a change in zoning from the single family (SF-7) district to the multifamily (MF-1) classification on a tract located at 1111 Fannin Street. The tract is further described as Lots 1 and Z Block 3, of the W. H. Wattam Addition. Ir 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. within Twenty-one not!ces were forms mailed were received in y favorr or feet; 200 opposition. t _ r~ f l P & Z Minutes February 20, 1980 Page 1U PETITIONER: Jack Vaughn, owner of the property, stated Chat a-would like to build a new modern up-to-date apartment space on this property, He said that it would be an improvement to the neighborhood. lie said that there is no problem with access on Fannin and Welch. He said that the adacent property is zoned multi-family. He said that the neighborhood consists predominately of rental property. Mr. Claiborne asked how many units he could build. Mr. Vaughn stated that he had 25,212 square feet. He said that the property could handle 20 efficiency or 15 one bedroom units. He said that it would be a two story structure but that he had no plans at this time. Ms. Carson asked if the house at 1111 Fannin Street is included in this property. Mr. Vaughn said yes. Ms. Carson asked if it would be torn down. Mr. Vaughn said yes. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson stated that this tract is of ceaTe3"3n-a low intensity area designated by the Denton Development Guide. Based on existing zoning, this inten- sity area is already over the standard by approximately 17%. Approval of this request will increase the violation of this standard. The Development Guide recommends as a matter of priority the need to protect existing housing stock and existing neighborhoods. Low and moderate income people should have protection of their quality of life by not eliminating the older available housing stock. Many people in the city including otudents would prefer living in a house rather than an apartment but that renting is their only alternative. She said a small multi-family complex exists to the east of this tract an.l approval of this request is further encroachment into (his residentia' neighborhood. She said that the structure that exists on the property is in good condition and deserves to be pro- tected. She said that this property has no legal descrip- tion or plat because it was sold by metes and bounds. Staff cannot justify the total square footage of the prop- erty but 20 multi-family units is an excessive amount for this area. She said that there is a problem with the utilities that will need extensive improvements and no development could occur until those Improvements were made. REBUTTAL: Mr. Vaughn stated that MF-R is a better utili- zation of the property than single family. He said that the house on the property is in excess of 30 years. He said that other property in the area including a church facility is being used for multi-family. Ms. Carson stated that staff was not aware that the church property is operating as a multi-family complex. Chair declared public hearing closed. DECISION: Mr. Claiborne stated that he felt this area needed protection and that he felt that he would recommend denial. Ms. Brock stated that she would like to avoid a concrete city like the area to the west. She said that most of the single family homes in the area are rented by college stu- dents. She said that these homes are preferred because I' 6 Z Minutes lebruary 26, 1986 Page II they are cheaper than apartments and the students have more privacy and quiet. She said that there is a large t demand for this kind Qf housing. Lr Dlr. Escue moved to recommend denial of Z-1795. Seconded by Ms. Brock and unanimously carried (4-0), r E. PRELIMINARY AND FINAL kEPLATS OF THE INDUSTRIAL SCHOOL L v ADTfT7'1?SN; Lois 8R; oc STAFF REPORT: Mr, Ellison stated chat the purpose of tE s proposed replat is to combine existing lots 8 and 9 into one lot. fie said that the site is zoned multi-family (MF-1) and begins adjacent and south of Texas Street ap- proximately 200 feet west of Bell Avenue and multi-family ` redevelopment is anticipated. City services and facili- ties are available. He added that the Development Review Committee recommends approval. IN FAVOR: None present. OPPOSED: None present. ' Chair declared public hearing closed. DECISION: Mr. Juren m~lved to recommend approval of pre =m nary and final replats of the Industrial School Addition, Lot 8R, Block 1. Seconded by Mr. Escue and unanimously carried (4-0). f I F. PRELIMINARY AND FINAL REPLATS OF THE KWIK KAR ADDITION Af7ll-ALL- Ott LO I Z-KNLI PART OF LO OF 1HE Y AIf6IfiTi5F. Mr. Juren stated that he had a conflict of interest. Mr. Morris stated that the Commission should table this item due to lack of a quorum. Mr. Claiborne moved to table the Kwik Kar/Fry Addition until the next scheduled meeting due to lack of a quorum. Seconded by Mr. Escue and unanimously carried (3-0). F IV. CONSIDERATIONS A. ORDINANCE AMENDING 'f ABLE I OF ARTICLE 4.03 OF APPENDIX A UF-7ffF-M r- ORDINANCES of the City-_5`r_ITe_nTt3-n-,-Te`xas relating to street standards and policies; and providing for an effective date. STAFF REPORT: Ms. Carson stated that this is part or- the fe-7y' oT'n of-the subdivision regulations. She said that this is to clarify the table to include figures for items omitted in the original document. DECISION: Mr. Escue moved to recommend approval of an ordinance amending Table I of Article 4,03 of Appendix A of the Code of Ordinances of the City of Denton, Texas relating to street standards and policies; and providing for an effective date. Seconded by Mr. Juren and unani- mously carried (4-0). E. ORDINANCE OF THE CITY OF DENTON,TEXAS ABANDONING AND VACATING CERTAIN uTILITY EASEMENTS as described herein; and e'd-Tarrng-ate ect ve ate. (Southridge Village Shopping Center and J. W. Erwin Addition) STAFF REPORT: Nis, Carson stated that the Development ev eR i Commrttee and Public Utility Board recommended 1 t DATE: 04/01/86 r CITY COUNCIL REPORT FORMAT i / I TO: Mayor and Members of the City Council /TL FROM.- Lloyd Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE REQUEST OF BELLAIRE WEST PARTNERS FOR ANNEXATION OF APPROXIMATELY 102.49 ACRES BEGINNING ADJACENT AND NORTH OF JIM CHRISTAL ROAU, SOUTH OF U.S. HIGHWAY 380W, APPROXIMATELY 1/2 MILE EAST OF £GAN ROAD AND 3/4 MILE WEST OF, UNDERWOOD ROAD (A-34) RECOMMENDATION: The Planning and zoning Commission recommended approval of the annexation at its meeting of February 12, 1986. SUMMARY: This is a voluntary request for annexation and light industrial zoning. Specific development plans have not been revealed, and it is unlikely that any have been formulated to date. The site is iodated north of existing city limits along the south side of Jim Christa.l. Road approximately 3/4 to 1 mile west of the Municipal Airport. An annexation strip is also in place north of the tract along Highway 300W. BACKGROUND: Not applicable PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No existing housing structures or population are included in the area of request. FISCAL IMPACT: Undetermined Resp Lilly bMitt 1% - AC 12"" If V. ZA-10, ?o Harrell Prepar ed by: City Manager k au)- ~ ~p 1'l David Ellison Senior Planner Appro ed: Jeff Me r Director a i g and Development 1518p/2 did I CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET uH MEETING DA'Z'E; April 1, 1986 SUBJECT; Hold a public hearing concerning the request of Bellaire West Partners for annexation of approximately 102.49 acres beginning adjacent and north of Jim Christal Road, south of U.S. ' Highway 38OW, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road (A-34). SUMMARY: This is a voluntary request with an accompanying petition for light industrial (LI) zoning. The tract is located approximately 3/4 to 1 mile west of the Municipal Airport. The owners have not submitted any information regarding specific development plans for the site. The nearest existing city limit line begins south of the site along Jim Christal Road and north along Highway 380W. No existing structures or population are included in the area of request. Jim Christal Road is a county maintained road. Perimeter street paving will be required along the entire width of the tract if developed regardless of the result of the annexation request. Some flood plain area exists within the site. ACTION REQUIRED: Hold a public hearing. RECOMMENDATION: The Planning and Zoning recommends approval of the annexation. ATTACHMENT: Map David Ellison Senior Planner 1S18g/1 1307L N - -3 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 "h", attached hereto and incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and before the City Cquncil of the City of Denton, Texas, on the day of 1986, at 7:00 o'clock P. M. in the C ti 7ouncil C am~f tie 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. ouncil of the City of Denton, Texas, on the /~1_4..4 day of , 1.986, at 7:00 o'clock P. M. in the City council C ers o Me 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. r CI Y OF VTON, TEXAS ATTEST: CHXRLOTTWALLEN, CITY SECRETARY EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the Myers, Johnson, Brummet and Green Survey, Abstract 1699, said tract being part of a 176 acre tract No. 11 and part of a called 65.5 acre tract No. 10, shown by deed to W. T. Evers, a widower, recorded in Volume 399, Page 539, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the present city limits, as established by Ordinance No. 83-90, said point lying in an East and west road known an Jim Cheistal: THENCE North 00011140" West passing at approximately 25 feet, more or less, the North boundary tine of said road, same being the Southwest cornet of a 102.34 acre tract, said tract being part of the above mentioned Evers tram, and continuinq along the Most boundary line of said 102.34 acre tract, a total distance of 3,031.04 feet, more or less, to a point for corner, said point being the Northwest cornet of said 102.34 acre tract and lying in the South boundary line of said Barb Survey: THENCE South 89028148° East along said tract North boundary line and said survey line, a distance of ;,,486.80 test to a point for corner, same being the Northeast corner of said 102.34 acre tract and said 176 acre tcact; THENCE South 0001114011 East along said tracts East boundary line, passing at 3,064,31 feet the Southeast corner of said tract and a Northwest - Southeast fance line, said point also being the North right-of-way of Jim Chcistal, Road, and continuing a total distance of approximately 3,090.5 feet, more or less, to a point toe a cornet in the present city limits as established in Ordinance No. 83-90, and in said road: THENCE North 73000' West along caid present city limits and in said road to a point toe cornec; THENCE North 820101 West along said present city limits and in said road a distance of 337.63 feet to a point for c*rner: THENCE South 88040' West along said present city limits and in said coed to the place of beginning and containing 103,2 acres of laud. 11679 Y FLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS 1 WHEREAS, Article 970a as amended reouires that a pan of service e 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: r 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: Z. 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, cr%ffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. i B. Fire (1) Fire protection by the present personnel and ^quip- meat 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 dale of annexation. Service Plan Annexed Areas -Page two F. Streets (1) Emergency maintenance of streets (repair of hazarddous) N chuckholes, measures necessary for traffic flow, ec. will begin on the effective date of annexation. basis a (2) Routine city, willebeginhinsthe ann3xedsareaton present city, the effective date of annexation. installa- (3) Reconstruction and resurfacing of streets, tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, by the as the itherefore is body, , w 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 planning twill he effective date of annexation. City encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use alltheieffec- recreational facilities, parks, etc on 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 to the enlarged city. K. Electric Distribution (1) The city recommends the use of Cit7 of Denton for electric power. p r Service Plan 1 Annexed Areas Page three F L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation, In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other aeeas of the city$ I Rd, ' is ~ Y ~u • r ~ MM x d o h Rd _ • 1i71•f JR r • r f w'~ rf 01 s 9 • Z a'a r r a or rl +K t,4r ~VOi I a • o TJ `I 91 ! •n rrr pr n ~r w at c~ rr 4 . • i . r C lY t or C ol _ • ' _ N1i lb 4d o wo •R~ M IF) ~Radeck ill it r, • • • A • ►i R O"[ 1 ' or . • f• P° ~I~• do p • "H04a1111f Rd. ra 00 A ~ o 7 Ica r rcr+'Coi. ~Rd Mo5.n~9f0 .,lk Rd, 17° ari' IM Ar ro ~Undbr ' cad Rd i anc+or r "y a r • r t M r k m f n 'F" dr r'VJ H f'1 a 1 , Rd v o + a I. M .0. 44 C'L Ida . r• I Y I ~~,n ~ 'f' t• , • r Y a ~ 1. ~ N : 11r ~r. i ~ '"1r l ~ r 'r- 'r f` t s, 40 r P t Z Minutes February 12, 1986 Page 18 DECISION: Ms. Brock moved to recommend approval of an ordinance of the City ~f De-,ton, Texas, abandoning and vacating certain utility .a.sements as described heroin; and declaring an affective date, (Southern Hills Addition) Seconded by Mr, E;ccue and unanimously carried (6-0). F. A-30. Proposed 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. STAFF REPORT: Mr, Ellison stated that the roads included in thli annexation would be maintained by the City. He said that staff recommends that the following at a minimum be annexed: (1) 17S acre voluntary portion petitioned by Richard Compton and R. J. Button; (2) 80 acre Acme Brick site; and (3) 217 acres along the south side of Hickory Creek Road, W ISION: Mr. Claiborne moved to recommend approval of pcop-osed annexation of approximately 614.6 acres beginning north of Did Alton Estates, south of Ryan Road, west of FM 2181, and east of G.C. 8 S.F. Railroad. Seconded by Mr. Escue and unanimously carried (6.0). G. A-33. Proposed annexation of 125,525 acres located at ings Row and proposed Loop 288, south of Oak Bend Estates, and south of Silverdoste Road, STAFF REPORT: Mr. Ellison stated that this is a voluntary annexationrequest by Teasley Road Associates. He added that :he DISD has submitted a preliminary plat for a 10 acre school site in this proposed annexation. He said that :his area has a fairly strong development potential, Mr. Juren asked if Oak Bend Estates is included In this annexation. Mr. Ellison said no. DECISION: Ms, Brock moved to recommend approval of p pose annexation of 125.525 acres located at Kings Row and proposed Loop 288, south of Oak Bend Estates, and south of Sllverdome Road. Seconded by Mr. Escue and unanimously carried (6.0), H, A-34, Proposed annexation of approximately 102,44 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. STAFF REPORT: Mr. Ellison stated that this is a voluntary request Q11W an accompanying petition for light industrial (LI) zoning. The tract is located approximately 3/4 to 1 mile west of the Municipal Airport and the owners have not submitted any information regarding specific 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 analy:e these remote areas of the City. DECISION: Mr, Escue moved to recommend approval of pro- pose~annexation of approximately 102.48 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. Seconded by Ms, Cole and unanimously carried (6-0)3 1. DISCUSSION OF PROPOSAL FOR AN kiENDMENT TO THE CITY ORDINAM w e Curren y permits a tavern or c u to operate within only 100 feet of a dwelling, A-34 ANNEXATION SCHEDULE .-February 24, 1986 Submit agenda item February 26, 1986 Submit agenda back-up * March 4, 1986 City Council sets date, time and place for public hearing March 5, 1986 Notice to Denton Record Chronicle r. r Match 7, 1986 Publish notice and mailout March 10, 1986 Submit agenda item ly ✓ Match 12, 1986 Submit agenda back-up * ✓ March 18, 1986 City Council holds first public healing March 19, 1986 Notice to Denton Record Chronicle Match 21, 1986 Publish notice and mailout Macch 24, 1986 Submit agenda item March 26, 1986 Submit agenda back-up ✓ Narch 266 1986 Planning & Zoning Commission makes recommendation on proposed annexation * April 10 1986 City Council holds second public hearing April 7, 1966 Submit agenda item April 96 1986 Submit agenda back-up 4 * April 150 1986 City council institutes annexation proceedings April 17, 1986 Ordinance to Denton Record Chronicle April 20, 1986 Publish ordinance May 12, 1986 Submit agenda item May 141 1986 Submit agenda back-up * May 20, 1986 Final action by City Council at regular meeting * Denotes action by the City Council 09649 DATE: 04/01/86 CITY COUNCIL, REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Hold a public hearing concerning the proposed Annexation of approximately 226.70 acres being part of the J. Ayers Survey, Abstract 2, W. Burleson Survey, Abstract 93, J. Burleson Survey, Abstract 91, S. M. Williams Survey, Abstract 1282, J. Carter Survey, Abstract 237, W. Pogue Survey, Abstract 1013, and the F. Jaime Survey, Abstract 664, and beginning east of 1-35N and continuing in an easterly and northeasterly direction generally along Rector Road to a point approximately 2,500 feet west of F.M. 2164. (A-40) RECOMMENDATION: Approval of the ordinance. S RY: The annexation is to protect against adverse development in Denton's extraterritorial jurisdiction kind to increase potential for control of area surrounding the City of Denton's future water resource. f Staff has reviewed the creek as a possible boundary and still considers the annexation more logical as presently proposed because it follows survey lines and rords. Using the creels as a boundary in this instance would benefit a particular property owner but would not prove advantages from the standpoint of a legal description. BACKGROUND: . Description and map are attached. OGRAMS. DEPARTMENTS OR GROUPS AF $ T : City growth 1atterns FISCAL IMPACT: Undetermined Rea fully s bmitte / A1 Prepared by: to Harrell City Manager David Ellison Senior Planner Ap oved: Jeff Direct ing and Development 0157e I I , 1354L r 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 boundar?► limits of said City to add the territory described in Exhibit 'At', attached hereto and incor- porated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by andefore the City C U. oz the City of Denton, Texas, on the __Pore cif 1986, at 7:00 O'clock P. M. in the Q1 y council Chambers o the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City, ouncil of the City of Denton, Texas, on the~~.. day of 1986, at 7:00 o'clock P. M. in the City~ouncil c a ers o t e Municipal Building of the City of Denton, Texas, for all ersons interested in the aF,ove 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 aiatters herein mentioned, will take notice. JAI'" CI OF D NTON, TEXAS ATTEST: C ALL-EN, CITY SECRETAAT r 1 EXHIBET "A" All that certain tract or parcel of land 1yin county of Denton, State of Texas and beinga part dofethe J`tAyere SuM he rvey, ' Abstract 2, W. Burleson Survey, Abstract 93, J. Burleson Survey, Abstract 91, S. K. Williams Survey, Abstract 1282, J, Carter Survey, Abstract 237, W. Pogue • Survey, Abstract 1013, and P. Jalme Sure described as follows: eY, Abstract 564, and more fully 8901NNING at a point In the present city limits, said point lying at the intersection of the Cast boundary line of the tract described in Ordinance 086-05 with the center line of an last and West road known as Reotor Road, said point also lying 350 feet last of and perpendicular to the center line of I-33 and the North boundary line of said J. Ayers Survey, same being the South boundary line of the B. Burleson Survey; THCNCC South 880 40' Cast along said lines a distance of 806.71 feet, more or lees, to a point for corner, said point lying In the center of said road, said point also being a Northeast corner of said J. Ayers Survey, same being the Northwest corner of said W. 8urlecon Survey; THCNCC South 894 35' Cast along the Northern boundary time of said W. Burleson Survey a distance of 2,691.0 toot, more or less, to a point for corner, said point Lying in the center of said road, said point also being the Northeast corner of said W. Burleson Survey, the Southeast corner of the B. Burleson Survey, Abstract 65, and the West Line of said J. Burleson Survey{ THCNCC North 14 42' 30" Cast along the Cast boundary line of said B. Burleson Survey, same being the West boundary line of said J, Burleson Survay, passing the North boundary line of said road and continuing along said lines to a point lying in the last boundary line of said B. Burleson Survey, said point also being the Northwest corner of said J. Burleson Survey, and the Southwest corner of the William Bryant Survey, Abstract 1614, for a corner; THCNCC South 890 07' 03" Cast aiang the North boundary line of said J. Burleson Survey, sere being the South boundary line of said William Bryant Survey, passing at 2,639.74 feet, more or less, the Northeast corner of said J. Burleson Survey, suss being the Northwest corner of said S. Williams Survey, and continuing a total distance of 4,211.94 feet, more or less, to a point for corner, said point being the Northeast corner of said S. Williams Survey, sere being the Southeast corner of said William Bryant, Survey, am" being the Southeast uornor of the D. Goddard Survey, Abstract 462, said point also lying in the West boundary line of said J. Carter Survey; THCNCC North along the Cast boundary line of said D. Goddard Survey, same being the West boundary Lino of said Carter Survey, passins at 3300,0 toot, more or loss, the Northeast corner of satd D. Goddard Survey, some being the southerly Southeast corner at the Willies Crw ford Survey, Abstract 260, and continuing a total distance of 3,755.12 feet, more or less, to a point for corner, said point botng an inner oll corner of said WIlILam Crawford Survey, same being the Northwest aornor of said J. Carter Survey; THCNCC Cast along the North boundary line of said J. Carter survey, sere being the South boundary line of said Willies Crawford Survey, passing at 2175.5 feet, sore or love, the Southeast corner of said Crawford Survey, saes being th!+ Southwest corner of the W.C. GLllospie Survey, Abstract 1465, passing at 3732.96 feet, Moro or Less, the Northeast ^ornor at said J. Carter Survey, rare being the Northwest corner of said W, Pogue survey, passing at 5243.92 foot, more or lees, the Southwest corner of said OLllespie Survey, same being the Northwest corner of a I5 owes, tract of land as conveyed free O. C, Stockard to J. C. Stockard b.- deed dated November 10, 1972 and recorded in Volume 6810 Pogo 64 of the deed records of Denton County, Texas, and continuing along said boundary line a tot-, distance of 7,690.69 toot, more or logo, the Northeast corner of said tract, said point lying In the last boundary tine of said Jaime Survey, tare being the West boundary tine of sold WLLlisa; Nors"nt Survey; C P ~l 1 r TH4NOboundaR Y> game bean` the OfosaidtNoormentrSurvey aCdtstanceiof 500vtoot to a for corner; point THINCI West $00 feet South of and parallel to the North boundary line of the above mentioned 15 sore tract conveyed to J. 8. Stooksrd, passing at 2097.0 p toot, more or less, the West boundary tine of said tract, same being a point in the easterly West boundary line of said Jalme survey, and the last boundary 40 lLn► of said W. Pogue Survey, and continuing along said line 500 toot South of and parallel to the North boundary line of said W. Pogue Survey, passing at 3957.93 toot, more or Less, the West boundary line of said Pogue Survey, taw being the said timeslastotalndist ancelineofof7said J. Coof,r more survey, or Last,ctota pointaforg GO MOO , said point lying 500 fret South of and perpendicular to the North boundary line of said Carter Survey, said point also lying Soo feet cast of and perpendicular to the West boundary Line of said Carter Survey; TNINCI South 500 fret cast of and paralslod to the West boundary line a+! said Carter Survey, a distance of 5,755.12 toot, more or Lees, to a point fie corner, said point lying 500 fort last of and perpendicular to the west boundary line at said Carter Survey; THOM North 890 071 03" West passing at $00 feet the West boundary Line of said J. Carter Survey, same the cast boundary Line of said S. WtIlim4 Survey, and continuing along said tine 500 feet South of and paralleL to the North boundary line of said Williams Survey, passing at 2,067.11 foot, mare or lots, the West boundary line of said Witlisese Survey, same bog the last boundary Line of said J. Burleson Survey, and continuing along line a total distance at 4226.85 trot, more or lose, to a point top a.:n►r, said point also Lying 500 foot South of and porp►ndiaular to She North boundary time of said J. Burleson Survey, said point also lying $00 toot gait of and perpendicular to the West boundary lino of said J. Burleson Survey; THBNCI South 16 42' 30" west aloud a line 500 toot gait of and parallel to the West boundary Line of said J. Burleson Survey to a point 500 Coot South of and 500 feet last of the Northeast ocraor of the W. SurLoson Survey, the Southwest comer at the I. Burleson Survey, for a corners THUCI North 890 351 West passing at 500 feet the west boundary line Of said SurveytandncoSurveyo same ntinuing along the g"t 500 boundary South time and said at of parall Burleson to the North boundary line of said W. Burleson Survey, a distance of 3,L91.73 tort, more or less, to a point lying to the West boundary lino of said W. Burleson Survey, same being an last boundary lino of said J. Ayore durv►y; THUCI North 044 40' Walt along a lino 500 test South of and parallel to the north boundary lino of said J. Ayers Survey, a distance of 772.28 test, more or Legal to a point for corner, said point lying 500 tort South of and lying parallel in proooaercity limmiits es established by Ordinance 064-05;point else "jVCI North 2. 50, West 390 feet last of and parallel to the center line Of I-39 for a distaeoo of 501.33 test to the place Of beginning and Oontaintng appeeuimately 226.70 acres of land. I Ei I 1 ~ A-40/CITY JF DE.NTON r PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS 1 WHEREAS, Article 970a as'amended requires that a plan of service e adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is coate!,plating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas-Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- meat of the fire fighting force, will be provided on the effective date of annexation. Co 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, 'T'exas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. ' Service Plan Annexed Areas ---D%age two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) f 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 ptorm 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 are4 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 thm 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 r, (1) Street name signs where needed will be installed within approximately 6 months after the effective r date of annexation. II. Capital Improvement Program (CIP) I 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 I based partly on density of population, magnitude of protlems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. I ,II (2) Impact on the balanced growth policy of the city. i (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the 1 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. i f 1 , r _ >t i~t, ~crrr +Chi•um Rd. • E f +s a a ~ ~ ~ ~ oe s . • • A • Sam 90•! ,.N Rd • r • M 0 T trr r~F=~ m R e o M► or R d. 1~Ctot Rd. * e nC ~•,~n~ ♦.1 A, r i ! . r s . t n A r • A (A A 1 • • o r 21) i . j i I` ° /~9 Mota Rd v n Ko'~tan Ai. • y il.;r •r r~~ I x'07.1 • I • • r d M d ~W ny 011 R d. I'~ r s.sx,~ Yom, r 4 •I ~,t~ c 1 ~ Rsetof Rd.' ► • i s MO►lon Rd! • ° • M T • i 1 ti•r u~ r, rw Iris r ^n • H u I I n g R s ► .1 • i o' ? •Un,on'Hrl Rd' 'J J, AHilill• Rd M' 7 • 1 l a 1S R ~a 1{~1 P .lr O r ~ 1 ~ ~1~ ° xln ' ' NP 1 • •1 • 1n ° . , 5p >n M ~a OrlbDl• ,80 t 0 Jont~• RA ilaRs . f 'si rs 94 in I _ + r . . e B y ~ i tr • a tµ{ A <T ~ • • • n r 1 • ~ e • ~l • p / nCars=►gR.t~r ln. COlntr Rd 1't • •VollOyG~Ira } I r r Co.nri+r'► Rd, fi~tt, r+•mminy o { ► • Gt . th r 10 • a . t••~Fairview CI 't • II I •e a • ~S,~i~ 1 ,I e y • A MT H ! r t,', ` :p of ht~' t t • alr~1• Cirol4 o • M • • yauC+.Q -t>~• y , ~ h M N4w1 ton Ad 141 Bottom Clrol• .cktry Rd. A-40 ANNEXATION SCHEDULE F.btuary 24, 1986 Submit agenda item `,February 26, 1986 Submit agenda back-up * March 4, 1986 City Council sets date, time and place for public hearing March S. 1986 Notice to Denton Record Chronicle March 7, 1986 Publish aotice and mailout Match 10, 1986 Submit agenda item March 12, 1986 Subunit agenda back-up I * ✓ March 18, 1986 City Council holds first public hearing I v March 19, 1986 Notice to Denton Record Chronicle i' March :i. 1986 Publish notice and mailout v March 244 1986 Submit agenda item March 26. 1986 Submit agenda back-up Match 26, 1986 Planning & Zoning Commission makes recommendation or proposed annexation * April 1, 1986 City Council holds second public hearing April 7, 1986 Submit agenda item April 9, 1986 Submit agenda back-up * April 18, 1986 City Council institutes annexation proceedings i April 17. 1986 Ordinance to Denton Record Chronicle April 20. 1966 Publish ordinance May 12. 1986 Submit agenda item May 141 7986 Submit agenda back-up * May 20, 1966 Final action by City Council at regular meeting * Denotes action by the City Council 09648 ;0 4 Ij LO NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. ( WHEREAS, the City has solicited, received and tabulated competitive bide for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of ( state law and City ordinances; and WHEREAS, the City Manager or a designated employee has i~ 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" submitted therefor; and WHEREAS, the City Council has prov'.ded in the City Budget for the appropriation of funds to be un:sd for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $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 numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT Qr+QK All -SampLr Tnr S 11. All t 06 Age Zo agog all r„-•+••• Suppl,K $11i,270..IS- SECTION II. That by the acceptance and approval of the above numbered items of the submitted bide, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a Aenc /LAIC formal written agreement as a result of the acceptance, ~ approval, and awarding of the bide, the City Manager or his at w.- designated representative is heLpitach•d oherato Coprovid d exocutO ththe written contract which shall be with anth epetermis, the written contract is in accord quantities conditions, specifications, standards, suma contained and accepted Proposal and related bid documents herein approved F SECTIQNIV. That by the acceptance and ap royal of the above numbers t~ items o d ursbmofe funds s tthe Ctty herefor CinnctheheamountutandiZIn the exPe 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. 14116 PASSED AND APPROVED this 1 day of ppr11 CITY Of DENTONt TEXAS t ATTEST CITY OF DENTON9 TEXAS APPROVED AS TO LEGAL FORM: DEEM ADAMI DMYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY., i PAGE TWO DATE: April 1, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 119595 STREETLIGHTS RECOMMENOATION: We recommend this bid be awarded to the lowest responsible I bidder, Temple, Inc., in the total amount of $31,325.00. SUMMITRY: This bid is for the purchase of 100 watt and 200 watt high pressure sodium streetlights. This material is replacement I for warehouse stock. These lights are used by the Electric Distribution Department in the maintenance and/or new con- struction of the streetlighting and guard light program. L gACD: Tabulation Sheet k PRgBRA 9 DEPARTMNTS OR GROUPS AFFECTED: Warehouse Stock, Electric Distribution Department ' FISCAL IMPACT: Funds for i;his purchase will come from Working Capital Account Number 710-004-0582-8708 Respe tfully submitted: l i 4- 6LL44 Lloyd V. Harrell City Manager Prepared by: ' Name: Tom D. Shaw, C,P,M. Title: Assistant Purchasing Agent Approved: r ' '5 Na dur~oasinq J. Marshall, C.P.M. e: Agent r t Z• 1"1 W IPA h [~i C} l:1 r t t r. rl i rJ rV rFl xLF) i u to ~ r_• b C a• r• ~ r Hr~i- ~ ~ N to ~~yy I v 1:! ~ ii W1 ~ _1G rfl N 70 ry •1 1-V H i Ln yy spy w W fJl N 70 LM +J V Ctl M ~ tll I ✓ I 0 11. rte)) GJJ' 00 fi C~ 4^ %II N 1 O I t bJ cu tzs p In Q in - c 01 w CI ~ w c+ Q I ~:{f 1.)1 ry r. 1» co V 7Y7 !Tl [.11 ~ trt 1 W ro ~I. C1 1 a f IF 1 w In ,n rt r c r, n Ip ,n p, LA J,. u, 1 1i i DATE: April 1, 186 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager t SUBJECT: BID #9597 CONCRETE FOUNDATION PAGE RD. SUBSTATION RECOWNDATION: lie recommend this bid be awarded 'to the low bidder, Graco Construction Co. of Tioga, Texas, for the low bid of $26,099.79 and the cubic yard price of concrete at $269.07. SUS This bid was submitted to the City by four vendors/ contractors. The low price for the estimated complete project was misunderstood by one contractor and his bid was not considered. i BACKGROUND: Tabulation Sheet I PROGRW g DEPARDUTS OR GROUPS AFFECTED: Utility Department Electric Metering and Substations FISCAL IWACT: There is no additional impact on the General Fund. Respec fully submitted: 100 Lloyd Y. Harrell City Manager Prepared by: , John J. IlarshaI I , C. P.11. itIe: Purchasing Agent Approved: P;iVlang J rshP.11. le: urchaAgent I I I Ss p T T . 1 ~ I t'7 T C b +O YI . I ~.1 1 i VL r n I 2+ I m c I I i y d S rg = T JO ~J -i I ~J 7 M fstl Ui I w m i n m v) 12' 1 flt I ~ b ~ S ~r a y i i v r m 1 9[+ I r.J b o ID I V I ~ I I ■ I I E I I I I 1 W .tl I C+ I b I lz2r .C{H~ I f~~i`r7 ~ N ~}I `r ~ .CI I 7b 1 ~ -ryi Cl 1` I I •I •1 r) 1 ' I :N i I I i I li I 1 ~ 1 i r 1 i 1 ~ d l DATE: April 1, 1986 CITY COUNCIL REPORT F TO: Mayor and Members of the City Council r FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #9598 WIRE AND CABLE RECOMODATION: We recommend this bid be awarded to the lowest bidder, Cummins Supply, in the total amount of $115,230.16, • Fob Denton with delivery in 4 weeks. SUWARY: This bid is for the purchase of bare aluminum wire and insulated cable for the Electric Distribution Department. This material is replacement of Warehouse stock and is estimated to be a G month supply. i it BACKGROUND: Tabulation Sheet i PROGPM* DEPARTKATS OR GROUPS AFFECTED: Warehouse Inventory and Electric Distribution FISCAL IMPACT: 1905/06 budget funds for Warehouse Inventory Working Capital Number 710-004-0532-3700 Respectfully submitted: Lloy V, Harrell City Manager P pared by: Name: Tom D, Shaw, C.P.N. Title: Assistant Purchasing Agent Approved: *mee. o n J. ilarshall.P.ft. Purchasino Aaent ly, 111 2 G r_ I to ra G ! 1 ac I Lrl 11Y [~/ll 11 U- W I rj ,-r Y:: I y S7 ui IY 1 I'rt ~mf rJ Hl 4I ` f ~ I it I C1 I r Lit ~ ` [C7J'f17 I li` r C.*J 9t O ' ~i r N ~ ~O N K IL Ln 1 V I-j I M r~ co a • J y IJ r+ ~ I ~ F, P N ~ n Y CA j Gp rb 4.1 C✓ C+ i. 1.) IJ h, A` 1 ~ w cn yyy i1' ii ~4yy I +l I ~ I rn h) III I, 6m 1 ~ I ~ I~ , pp ~w U V b IY• '4 L I'I i1, ' _I, 1 fr C9 ca LM r!1 aN 1'rl :r1 a• art q E1 1 ch 471 KA U :M r'1 ,.r t i i j l NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR TF;E EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the • lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invite- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bide: BID NUMBER CONTRACTOR AMOUNT 956 R j r ^^~rrdm n.~t Ma n y t ZALJ, n 9592 n}c4.rsod_gn.erjetion 5110.793.$Q SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between Lhe City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person i shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. I ► That the City Manager is hereby authorized to execute all l necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such r contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and apecificatione, standards, quantities and specified sums contained therein. I PAGE ONE P 1 SECTION IV. M' That upon acceptance and approval of the above competitive ` bids and the execution of contracts for the public works and improvementa as authorized herein, the City Council hereby nner in the authorizes the expenditure of funds n the ma and aauthorizad amount as specified in such approved bids contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1 day of Ao_ ri1 1986 CITY OF DENTON, TEXAS i l ATTEST: E CITY OF DWTON,tTEXAS APPRC%= AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON9 TEXAS BY: PAGE TWO I t T r DATE: April 1, 1906 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager j N: SUBJECT: BID #956G OVERHEAD DISTRIBUTION CCUSTRUCTIOU RECOMWXDATION: lie recommend this bid be awarded to the lowest oidder, R.S. Goodman Company, in the amount of $244,593.00. r SPRY' This bid is for the construction of an overhead electrical distribution line for the Electric Distribution Department. The project includes (1) the Airport Substation Feeder, { (2) Borth Loop 288 Extension Feeder, (3) Paige Road to Audra Lane along 11KT Railroad and Mayhill to horse Road. i I' ~KGMN Tabulation Sheet ' PROGRANS DEPARTMENTS OR GROUPS AFFECTED. Electric Distribution FISCAL IMPACT: 1965/86 Electric Utility Bond Funds Respectf fly submitted: Lloyd Y. Harrell City Manager Pr ared by: i Name: Tom D. Shaw, C.P.11. Title: Assistant Purchasing Agent Approved: ohn J. Marshall, C.P.t1. itle: Purchasing Agent 1 1 1 I 1 .1',T. IJ f I7 f° i I I yi t-r N h~ I rJ -I U) U' T -rs I n? I tj1 m rfi ! Ill _1 r m ! ETl h 1 i T IrM I w LJ I 1 E I ° L:. j E 1:17 i i I ! r P.; I I GI r-r• w h•? A rJ r_ r; h: 1 m 1 r co 'o T G7 _ ~T -JD 'A I ? U) co 4e hJ •i j O 1 r_. r IT I;I` .1 v 1J 1 71 1 f7 71 •1 yr .p 7 I I ! } 71 S= I I r r; f-q I fTl R-I:iJ ti 111 A • A • I y I rn m I r I 1=i M r r, • _ _ Cr I T r" 1 T I I I I April 1, 1986 ` CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Bid #9568 - Construction Of 6,2 Miles Of 13.2 KV Overhead Electric Distribution Lines. r RECOMMENDATION • The Public Utilities Board, at their meeting of March 19, 1986, recommended to the City Council that the construction contract be awarded to R. S. Goodman Company, in the amount of $244,593. 1 SUMMARY Plans and specifications were prepared by Black $ Veatch and bids were opened March 13, 1986. Bids were received from the following: i R. S. Goodman Co. $244,593 Denison, Texas Gill Electric Service Inc. 2729000 i Henrietta, Texas L. K. Comstock 4 Co., Inc. 2880936 Broken Arrow, Oklahoma BACKGROUND The proposed construction projects are major 13.2 KV feeder lines to be installed as extensions of exit feeders from existing and new substations to serve load growth on the perimeter of the existing system as follows: i 1. Airport Substation north to US 380. 2. Kings Row Substation southeast to Cooper Creek/Mayhill Road. 3. Paige Road to Mayhill north to Audra. 4. Mayhill Road east to Loop 288 and south to Morris. The projects will relieve work load for the City's construction crews, serve as a bench mark for construction costs, and furnish some standard drawings and materials. 4223U:13 P r R PROGRAMS DEPARTMENTS OR GROUPS AFFECTED; Denton Municipal Utilities, Present/Future Customers, Legal and Purchasing Department. i FISCAL IMPACT ' The projects will be charged to appropriate bond fund accounts. The Engineer estimate was $302,200. r Respe tfully Submitted s I ~ Prepared by: oy arre , anager Ernie Tullos Asst. Director of Utilities i APPROVED: e son Director of Utilities i EXHIBIT I Minutes PUB Meeting of 3/19/86 4223U:14 i EXCERPT PUBLIC UTILITIES BOARD MINUTES March 19, 1986 EAl. CONSIDER BID #9568 - CONSTRUCTION OF 6.2 MILES OF 13.2 KV MUM R LINES. Tullos explained that plans and specifications were prepared by Black & Veatch and bids were opened March 13, 1986. Bids were received from the following: R. S. Goodman Co. $244,593 Denison, Texas Gill Electric Service Inc. 2720000 Henrietta, Texas i L. K. Comstock & Co., Inc. 288,936 r Broken Arrow, Oklahoma The prop.)sed construction projects are major 13.2 KV feeder lines to be installed as extensions of exit feeders from I existing and new substations to serve load growth on the I perimeter of the existing system as follows: 1 1. Airport Substation north to US 380. 2. Kings Row Substation southeast to Cooper Creek/Mayhill Road. i i 3. Paige Road to Mayhill north to Nidra. 4. Mayhill Road east to Loop 288 and south to Morris. I The projects will relieve work load for the City's construction crews, serve as a bench mark for construction costs, and furnish some standard drawings and materials. Thompson motion, Frady second, to approve the subject bid openings. All ayes, no nays, motion carried unanimously. t i 4217U:15 DATE: April 1, 1906 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: BID #9592 1986 C.I.P UTILITIES - SECTION G RECOMMENDATION. Ile recommend this bid be awarded to the low bidder, Dickerson Construction, Inc., of Celina, Texas, for the amount of $1109793.50. I SUMMARY: lie received only two bids on this project. However we feel r that we received an excellent bid from Dickerson Construction Co. Their bid was $31,364.45 or 22" lower. The PUB has reviewed and approved this at their !larch 19 meeting. i E ~ BACWROUMD: Tabulation Sheet ` I r PRO6R1lMS, DEPARTMENT'S OR GROUPS AFFECTED: i I - CIP 620-008-0461-9114 I FISCAL IMPACT: There is no additional impact on the General Fund. Respect ly submitted' Lloyd V. Harrell City Manager Prepared by: N : \JQW J. Marshall, C.P.M. &.X e: Purchasing Agent Approved: ~6hn J. Marshall, C.P.It. Title: Purchasing Agent 10 r F I I I Fi5.iIJl'd lkl, f:~ l 1] 'F' I 1 1_1; C;1,1-' Ill IA F k F::; c.,k::I:; .1 I I 11 1 11 _:1 F 1. f: l::; ; ~ LJI `[:.ICI 1 16•N J,I i I I L'-rt~lh i 1 i11.;f;F.fI'kF il~l'Ik...y1J4 I i rk I G? 1 Y 1 f kc:l'I 1&; '-31 T%, I F, 17, 01,1 ; ; F_ hlJ]CJFi 1 VL: H1,01 1 1 1 1 1 I I r ~ 1 I l i 1 W:F I I If:I'; a '3 1 13 1:L: I i 2().". , °-j i 4 f ?:ia c 'i 1 I 10.1. , 0 ki 1 1 I I 1 y 1 I I 1 1 I E'I"tU J G:1-ci I. I 1 1 1 1 [ I ~ 1 I ; 1 1 1 I i 1 I I Ii(I April 1, 1986 CITY COUNCIL AGENDA ITEM r TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Bid Openiug Bid #9592, 1986 CIP Section G R-.place Frame St, and Withers St, Water lines. - RECOMMENDATION The Public Utilities Board, at their meeting of March 19, 1986, recommended to the city Council approval of the lowest bid of Dickerson Construction, Celina, Texas, in the amount of $110,793.50. a SUMMARY Bids were opened March 11, 1986, and the results are as follows: Frame St, Withers St. Total 8" WL-1700 LF 8" WL-85OLF Dickerson Construction $ 76,500 $34,293.50 $110,793.50, t Celina, Texas D/FW Utility 1010834 40,323.95 142,157.95 Irving, Texas BACKGROUND I This is an approved FY 86 CIP program. In conjunction with the ongoing street overlay/repavement program, the Utility Department is proposing to replace the subsized 4" water line on Withers St. with a 8" water line from Oakland to Bell Avenue, and replace an old 6" water line on Frame St. with an 8" water line from McKinney St. to the railroad crossing. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, City of Denton, Contractor, and the Citizens 4223U:3 FISCAL IMPACT FY 86 budgeted amount: Replace water line/street program $200,000.00 r (Frame, Withers, and Congress St.) Recommended award Frame & Withers St. 1100793.50 (this bid) Note: The replacement of Con ress St. water line will be a separate future bid for wRic e es ima a cost at this time is $100,000. Source of Fund: Water bonds 620-008-0461-9114 Prepared by: Respec fully submitted• y r e , anager f R ; Srini Sundaramoorthy Civil Engineer i Approved by: e son Director of Utilities Exhibit I - Bid Tabulation 11 - Location Map III - Minutes PUB Meeting of 3/19/86 t ' 4223U:4 ACCOUNT I I ` - - } f im ~t ,4r Y'. r r WIN t M4, a'- -14 t \I i are-_-- Low, 7 I i II I .rra -AL IW ''.i1il 1,. it JC, s '.`~1 \ ~ / Irl L y~l J ' Ir ` r L~l-af.w. Jul Jllr- 11 ir ail ~ 1t4 -i 4J L_..I ~ ' rum.,-,Wmi am~ ~ ' I JI L.i Y11 "1 / •/ri~~d' J 1111 I~ jFj"L ONE If`L ~a(1 Ii _ _ EL- c ao e vi JIAL wpm r _J i.~ 111 J~-JI 1 !rr c • • r l_ _Ilrl 1 I It I PROJECT LOCATIONS' 4 P 1 I ~y Tali ..J V~1 i ~ aara*I ~ l \ ' Its.. lv . . y 1 I Fw • Ia I 13. CONSIDER SID OPENING BID #9592 1986 CIP SECTION G REPLACE FRAME ST. AND 11ITk3ERS ST. WATER LINESe and the Purchasing Nam explained that the Utility of the lowest bid of Department Staff recommend approval Dickerson Construction, Celina, Texas, in the amount of $110,793.50. Bids were opened March 11, 19860 and the results are as follows: Frame st. Withers St. Total 8" WL--1700 LF 8" WL-850LF I Dickerson Construction ; 760500 $34,293.50 ;110,793.50 Celina, Texas D/FW Utility lU1,834 400323.95 142,157.95 Irving, Texas I This is an approved FY 8b CIP program. In conjunction with the ongoing street over lay/repavement program, the Utility Department is proposing to replace the subsized 4" water line on Withers and St* replace an old 6• ewatern lineo onaFrame St. Bell Avenue, with an V water line from McKinney St, to the railroad crossing. Coomes recormnended approval of the subject bid opening to the City Council. Second by Frady, all ayes, no nays. motion carried. C r 4 1 : 67~ 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 666-8307 /r Ottias of the City Manager F r>, M E M O R A N D U M TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager DATE: March 27, 1986 SUBJECT: HOTEL OCCUPANCY TAX ORDINANCE In accordance w the direction of the City Council at your last meeting, attached are two ordinances. The first ordinance raises the hotel occupancy tax to 7`5 and the second ordinance j authorizes the entry into an agreement with the Fair Association for the use of the additional It tax. The effective date for levying the tax is suggested as June 10 1986. This will serve the purpose of getting funds to they Fair Association quickly, while at the same time providing for adequate notice to the hotel and motel operators. In addition, the time lag will be consistent with the time allowed for discussion last time this tax was increased. Of course, the Council does have the discretion of making an adjustment if you feel another effective date is more desirable. i The agreement as drafted by our City Attorney spells out that the Fair Association may utilize the occupancy tax funds for the purposes authorized by law. While these funds may be used for conventions, solicitation, and advertising, as the fair property is not owned by any governmental agency, the law does not allow such funds to be used to defray expenses for acquiring, constructing and maintaining facilities. If I can provide any additional information, please do not hesitate to contact me. oy Harrell r. City Manager c0 a..cachments 2114C i r 1393L i NO, i - 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 4'{ TAX OF THE CONSIDE.iATION PAID BY OCCUPANTS OF A HOTEL ROOM IN THE CITY OF DENTON, TEXAS; PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1986. i E THE COPNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 3 ! SECTION I. Section 23-2 (a) of the Code of Ordinances of the City of 1! Denton is hereby amended so that the same shall hereafter read as follows: (a) There is hereby levied a tax upon the cost of + occupancy of any room or space furnished by any j I hotel where such cost of occupancy is at the rate of Two Dollars ($2.00) or more per day, such tax to be equal to seven (7t) percent of the %onsideration paid by the occupant of such room to such hotel. SECTION II. This ordinance shall become effective from and after the lst day of June, 1986. PASSED AND APPROVED this the day of , 1986. f MAYOR CITY OF DENTON, TEXAS ATTEST: C OTi ALLEN, CITY SEC1,17W CITY OF u:9NTON, TEXAS APPROVED AS TO LEGAL FORM: i DEBRA ADAM[ DRAYOVITCH, CITY ATTORNEY CITY OF DEN?ON, TEXAS BY: G' ! 13 94 L NO. 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; AND UECLARING AN EFFECTIVE r`3 DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; r ` SECTION 1. That the City Council of the City of Denton hereby approves an agreement between the City and the North Texas State Fair Association relative to promotional advertising and solicitation services to be performed by the Association on behalf of the City, a copy of which is attached hereto and incorporated by reference herein. f SECTION 11. That this ordinance shall become ef£ectiv,, immediately upon its passage and approval, PASSEL AND APPROVED this the day of April, 1986. RICHARD . STEWART, MAYOR CITY OF DENTON, TEXAS 1 ATTEST: CHARLOTTE ALLEN, CITY SE RE AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM, DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1394L THE STATE: OF TEXAS i COUNTY OF DENTON i TEiis agreement made and entered into this day of , 1986, by and between the City of Denton, Texas, a unit pal Corporation, hereinafter called "City", and the North Texas State Fair Association, a nDn-profit corporation chartered under the Laws of the State of Texas, hereinafter called "Association"; WITNESSE'sTH: WHEREAS, City has recently passed an ordinance providing for the assessment and collection of a hotel-motel occupancy tax in the City of Denton of seven percent (7%) of the consideration paid by the occupant of a room, space or facility in any hotel-motel; and WHEREAS, the Association is well equipped to advertise and conduct solicitation programs to acquaint potential users with public meeting, fairgrounei, and proposed exposition facilities and to promote tourism and advertise the City of Denton; and WHEREAS, it is to the mutual benefit of the City and Association that the City provide funds to the Association for the above stated purposes and that the Association use such funds for such purposes; NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, City and Association hereby agree as follows: 1. Association shall employ its best efforts for general promotional and tourist advertising of the City of Denton and r cunducting a solicitation and operating program to attract meetings and conventions. City and Association recognize that, i hotel occupancy tax proceeds may only be expended for the purposes enumerated in art. 1269j-4.1, V.A.C.S., as the same may be amended from time to time. Association agrees to utilize the funds appropriated herein only for such purposes as authorized by law. 2. As a consideration for the services set forth in Paragraph i hereof, City agrees to pay to Association an amount equal to one (1$) percent of the consideration paid by the i r occupant of a room, space, or facility in any hotel with the City retaining one percent of the total gross receipts eligible to be paid to the Association for administrative expenses, but the City shall not be liable to pay any additional funds. if the one percent (i$) does not adequately reimburse the City for its expenses, then City may deduct the actual amount of such expenses. The eligible amount shall be paid quarterly from the hotel-motel taxes received in any fiscal year during the term of this agreement. 3. The City shall, on or before the 45th day following the end of each quarter, pay the sum of funds the Association is due which were collected according to Paragraph 2, for that quarter less one percent (1%) to the Association. The quarters will end on the 31st day of March, the 30th day of June, the 30th day of September and the 31st day of December of each year. 4. The Association agrees that it will record expenditures involved in this program on a monthly basis in separate accounts. The books of account will be maintained in a form approved by the Director of Finance of the City of Denton and will be available for inspection and copying by the Director, his duly authorized agents and representatives, during regular business hours of the Association. 1 S. Thirty days after the end of every quarter the Association will furnish to City a performance report of its work under this contract in a form determined by the City Manager and which shall reflect overall activity, meetings, conventions and conferences f conducted, identity and amounts of advertising conducted, copies of literature produced as well as a description of direct mail- ings in the last quarter, and the expenditures during the quarter of the funds received pursuant to this contract. 6. It is understood and agreed that Association shall not in any sense be considered a partner or joint venture: with City, nor shall Association be considered nor in any manner hold itself out as an agent or official representative of City. Association shall be considered an independent contractor for the purposes of this agreement and shall in no manner incur any expen i,~s or liability on behalf of City. 7. Association does further agree to hold City harmless from any and all claims by third part;es for any injuries, damage or liability occasioned by Association in connection with this agreement. PAGE 2 h P 8. It is understood and agreed that this contract shall be terminated upon occurrence of any of the following events: i , (a) The giving of written notice by either party to the other party at least ninety (90) days prior to the date of termination; (b) The termination of the corporate existence of Association; (c) The insolvency of Association, the filing of a petition in bankruptcy, either by or against Association, or an assignment by Association fcr the benefit of creditors; (d) The breach by Association of any of the terms and conditions of this agreement and the continuation of such breach for a period of ten (10) days after written notice is given by City to Asso- ciation of such breach. 9. In the event of the termination of this agreement as pro- vided in Paragraph 8 hereof, Association shall submit to City a statement showing any expenses incurred by it for the present quarter in which said termination takes place and City agrees to reimburse Association, to the extent that said monies are collected from the hoiel occupancy tax during that quarter, an amount equal to the lesser of the expenses incurred by the Association during that quarter or the amount of the Association is eligible to receive for that quarter. City also realizes that Association may have committed themselves to pay expenses for advertising and solicitation that will occur after the termination of this agreement, and City agrees to reimburse the Association for such expenses up to the cumulative sum of $1,000,00. 10. Association shall not assign this contract without the written consent of City first obtained in writing. 11. Any notice required to be given under the terms and provisions of this agreement shall be effective if and when given in writing and deposited in the United States Mail, certified or registered mail, return receipt requested, on the date so deposited and addressed to the respective parties as follows: PAGE 3 i ~E 1 ~ t City Manager City of Denton 215 East McKinney Denton, Texas 76201 President & Executive Director North Texas State Fair Association P. 0. Box 1695 Denton, Texas 76202 12. This agreement shall be binding upon the successors and assigns of the respective parties. 13. All the terms, conditions and stipulations of this con- tract are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pur- suant thereto and all judicial determinations relative thereto. EXECUTED on this the day of , 1986. i i I CITY OF DENTON, TEXAS BY: MAYOR ATTEST: BART CITY OF DENTON, TEXAS PAGE 4 I' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: I' f NORTH TEXAS STATE FAIR f ASSOCIATION ~ t BY: PRESIDENT `t ATTEST: f 9ECRUTARY j PAGE 5 OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Robert B. Hunter, Assistant City Attorney SUBJECT: Proposed Ordinance Regulating Smoking DATE: March 26, 1986 dis After the last council meeting, our research hashe above referenced isdictional problem with attempting to apply ordinance to North Texas State University and Texas Woman's University. The Attorney General of Texas, in Opinion No. C-690 orregulating ed building (1966) has ruled that municipal ordinances construction do not apply to property by the however. building permits, that state. A ould extend closer inspection tiissuance that ' w The opinion remarks that the state is the ultimate authority 1 responsible for the protection of the health, safety and welfare of its citizens. If the City attempted to apply the proposed ordinance to state universities, we would be placed in the anomalous position of bringing criminal charges against the state for any failure to comply with posting required signs in its buildings. We therefore recommend that the ordinance omit any r references to North Texas State University and Texas Woman's University. At the Council's direction, we have revised the proposed i ordinance to exempt the visual and performing arts centers and the Civic Center from regulation. We have also provided an effective date of June 1, 1986. Respectfully submitted, RBH:js xc: Lloyd V. Harrell City Manager Attachment APPROVED: Dy )bb A A. YO VV1ff C. 1339L NO. u AN ORDINANCE ADDING ARTICLE IV, "SMOKING," TO CHAPTER 13 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. WHEREAS, the smoking of tobacco or weeds or other plant products hen been demonstrated to have a detrimental effect on not only the smoker but others in close proximity to the smoker; and WHEREAS, it.. is the right of citizens to be able to choose for themselves whether to smoke either actively or passively; and WHEREAS, it: is the policy of the City to encourage food I establishments which have enclosed dinin3 areas to provide adequate seating for those patrons who prefer a smoke-free environment; and WHEREAS, the citizens of Denton have demonstrated a desire to voluntarily comply with City ordinances which protect public health and welfare; and WHEREAS, regulations regarding smoking can and should be enforced only on a complaint basis; and ' WHEREAS, such enforcement would be effective without substantial additional cost to the City; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OC THE CITY OF DENTON: SECTION I. F i That Chapter 13 of the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding a new Article IV, Sections 13-40 through 13-45, to read as follows: ARTICLE IV. SMOKING ` Sec. 13-40. Definitions (1) "Administrative Area" means the area of an establishment not generally accessible to the public, including but not limited to individual offices, stockrooms, employee lounges, or meeting rooms. (2) "Director" means the Director of the CLty/County Health Department designated to enforce and administer this Article or the Director's designated representative. . (3) "Food Establishment" means any operation defined es such in Sectl.on 11-20 of the Denton City Code. r r (4) "Hospital" means any institution that provides medical, surgical, and overnight facilities for patients. (5) "Retail Establishment" means any establishment which • primarily sells goods to the general public. (6) "Public Service Area" means any area, other than an administrative area, to which the general public routinely has access for municipal services and which is designated a public service area in a written policy prepared in compliance with this Article, • Sec. 13-41, Smoking Prohibited in Certain Public Areas. ! (a) A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product in any of the following indoor or enclosed areas: (1) an elevator used by the public; (2) a hospital or nursing home corridor providing direct access to patients' rooms; 1 ! (3) any conference room, meeting room, or public service area of any facility owned, operated, or managed by ! the city; but does not include the Civic Center, the Visual Arts Centel nor the Center for Performing Arts; (4) any retail establishment serving the general public, including, but not limited to, any department store, grocery store, or drug store; ' (5) An area marked with a no smoking sign in accordance with subsection (b) of this section by the owner or person in control of a hospital, nursing home, or j retail establishment serving the general public; or i (6) any facility of a public primary or secondary h school; or an enclosed theater, movie house, library, or museum. ' (b) The owner or person in control of an establishment in which smoking is prohibited by subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment. The owner or person in control of an establishment in which smoking is prohibited in a specified area shall post a conspicuous sign at the entrance to the area. The sign shall contain the words "No Smoking, City of Denton Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking. (c) Every hospital shall: (1) allow all patients, prior to elective admission, to choose to be in a no smoking patient room; and (2) require that employees or visitors obtain express approval from all patients In a patient room prior to smoking, (d) the owner or person in control of an establishment or area described in subsection (a)(4) or (a)(6) of this Section PACE 2 r r P may designate an area, including but not limited to lobbies, meeting rooms, or waiting rooms, as a smoking area; provided that the designated smoking area may not include; ~ (1) the entire establishment; y; (2) cashier areas or over the counter sales areas; or f (3) the viewing area of any theater or movie house. was smoking defense a location that was: this section if the pers(e) It is a (1) a designated smoking area of a facility or establishment described in subsection (a)(4) or (a) (6) of this section which is posted as a smoking area. -ith appropriate signs; (1) describedstint subsections (a)(4) or an (a)(6) of this section; (3) a retail establishment serving the general public with less than 500 square feet of a public showroom or service space or having only one employee on ubsectted~5~ °kofg area duty, unless posted with s ion (a) in accordance this section; or I { (4) a retail establishment which is primarily engaged in the sale of tobacco, tobacco products or smoking implements. (f) The owner or person in control of ana establishment exempted from designating nonsmoking areas by paragraph ( this section who chooses not to designate any such areas shall post a conspicuous sign near the Gain entrance to the establish- ment with the words Smoking Permitted Throughout" or "Nonsmoking Areas Not Available" or similar language to indicate that no nonsmoking areas are providea. Sec. 13-42. Written Policy Required. The owner or person in control of any facility or area designated as a no smoking area in section 13-42 (a)(3) or (4) of this Article shall,. (a) have and implement tCen policy on smoking which conforms to i Article; (b) make the policy available for inspection by the Director. Sec. 13-43. Food Establishments. (a) A food establishment which has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons. (b) A nonsmoking area must: (1) be separated, where .feasible, from smoking areas by a minimum of four feet of contiguous floor space; PAGE 3 (2) be ventilated, where feasible, and situated so that air from the smoking area is not drawn into or ucross the nonsmoking area; ' (3) be clearly designated by appropriate signs visible to ` patrons within the dining area indicating that the r area is designated nonsmoking; and (4) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of ' the nonsmoking area. (c) Each food establishment which has a dining area shall: (1) have and Implement a written policy on smoking :;hich conforms to this Article; t (2) make the policy available for inspection by the Director; and i (3) have signs at the establishment's entrance indicating that nonsmoking seating is available. (d) Nondining areas of any food establishment affected by this section to which patrons have ganeral access, including, but not limited to, food order areas, food service areas, restrooms, and cashier areas, shall be designated as nonsmoking areas. (e) It is a defense to prosecution under this section that the food establishment, is: (1) an establishment which has indoor seating arrangements for lea, than 50 patrons; or (2) an establishment in which more than 70 percent of its annual gross sales is from the sale of alcoholic beverages; or (3) a physically separated bar area of a food establish- ment otherwise regulated. (f) The owner or person in control of an establishment exempted from designating nonsmoking areas by paragraph (e) of this section who chooses not to designate any such areas shall post a conspicuous sign near the main entrance to the establish- ment with the words Smoking Permitted Throughout" or "Nonsmoking Areas Not Available': or similar language to indicate that no nonsmoking areas are provided. Sec. 13-44. Smoking in Food Establishments. A person commits an offense if he smokes or possesses a burn- ing tobacco, weed, or other plant product in an a:sa of a food establishment designated as nonsmoking. Sec. 13-45. Penalties. (a) Any person violating section 13-41(b), 13-41(c), 13-41(f), 13-42, or 13-43 of this Article, upon conviction, is punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). PAGE 4 ( Any person violating section 13-41(a) or 13-44 of this than clle e, Twentyupo-nfiv e onv Diocltliaorns, (is$2 punishable by a fine of not less Dollars ($200.00), 5.00) nor more, than Two Hundred { • SECTION II. That this ordinance does not require the owner, o m ianager oar ato ny employee of an any individual violating establishment to reporting volatir take any action against ` Sectlonon 13-q1(a) or I3-44 of Article IV 13 of the Denton City Code as amended. Complaints ago nstr individuals violating the aforementioned sections shall be made to the Citya/Contedun,tytoHethalethODff ice rtment for I tile CitynAtJtorney i fror apdrosecution. if SECTION III. F That if any section, subsection, paragraph sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective June 1, 198b, and j the City Secretary Is hereby directed to cause the Ccption of this ordinance to be published twice in the Denton' enton 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 I day of 1986. r ~ k f nTA Yak"- • CITY OF DENTON, TEXAS 1 ATTEST; I LO E A EN, I SFCR[: PR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTIN, TEXAS 1 BY; PAGE 5 L - R 2.399E + NO. AN ORDINANCE INCREASING THE NUMBER OF PERSONS AUTHORIZED TO BE I 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. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: e SECTION I. That the number of persons authorized to be employed in the classified position of Sergeant in the Denton Police Department is hereby Increased from six to a total of eight persons. SECTION It. That all ordinances and resolutions in conflict herewith are hereby repealed to the extent of such conflict, SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1986, CITY OF DENTON, TEXAS ATTEST: CHAROTTE ALLEN, Y S CRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADA.MI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Rc~'+ ~ I i DATE: March 26, 1986 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER EXCESS PROPERTY INSURANCE POLICY ORDINANCE ' RECOMMENDATION: Staff recommends purchasing excess property insurance coverage, for the power plant, from William Riggs Company (a brokerage firm f i representing Aetna Insurance Company). BACKGROUND: Upon the City's latest renewal of excess property insurance, Appalachian Insurance Company reduced our limit of liability from $50,000,000 to $4,000,000. This limit provides enough coverage for all of our facilities except the power plant. To eliminate the exposure at the power plant brought r on by the low limit, staff acquired quotes from four (4) insurance companies, and Aetna Insurance Company had the lowest quote at $75,600. Other quotes considered were Lloyd's of London at $96,000; Continental Insurance Company at 5,000; and Arkwright/Boston Insurance Company at $80,000 (wi.ich was later revised to $67,902). Even though Aetna's quote offers the lowest premium, it also features the r lowest deductible (i.e., $100,000 compared to the $500,000 the -,ther companies offered), a joint loss agreement with the boiler machinery policy and conventional coverage without layers. SUMMARY: We would like to point out that our recommendation is based on a request for quotes and the requirements that accompanied the request (i.e., the deadline for quotes, type of coverage, limits of coverage and etc.). This is noteworthy because ue received a revised quote from Arkwright -Boston Insurance, beyond the deadline, which happens to be a br,tter quote than Aetna's; howevor, it is not being recommended. To maintain. -the integrity of the City's request for quotes/proposals, we feel it essential that we honor the requirements of those requests. 1 - - City Council Report Format March 26, 1986 Page Two i ` FISCAL IMPACT: As mentioned above, acceptance of Aetna Insurance Company's uote would mean expending $75,600, Aetna Insurance Company would receive ! 68,040 for its premium and William Riggs fee for services rendered would be I 7,560, i 6 Respect ully submitted: Lloyd V. Harrell ' I City Manager Prepared by: el Harlan Jea son Administra ive Assistant i Approvedt ohn Mc rane k I Director of hinanoe 1429F a I' I. I407L t NO. AN ORDINANCE APPOINTING Wl'I. RIGG CO. AS THE BROKER OF RECORD FOR THE CITY OF DE,NTON FOR CERTAIN EXCESS INSURANCE COVERAGES; k?! APPROVING THE PAYMENT FOR EXCESS INSURANCE COVERAGE FOR THE POWER PLANT; PROVIDING AN EFFECTIVE DATE. ' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: WHEREAS, Section Z(g) of Article 2368a, V. A.T.S., provides that a city may select a licensed insurance broker as the sole broker of record to obtain proposals and coverages for excess or I~ surplus insurance which provides necessary coverage provisions and adequate limits of coverage in structuring layered excess coverages in all areas of risk requiring special consideration; and WHEREAS, the City Council, upon the recommendation of the City Manager and Director of Finance, has determined that the City of Denton should appoint Wm. Rigg Co. as the City's broker of record for excess coverages on the Power Plant and wishes to authorize the expenditure of funds therefore; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. j That the City Manager is hereby authorized to execute the 1 attached letter appointing Wm. Rigg Co. as the City's broker. SECTION II. That the sum of Sixty-eight Ti,ousand and Forty Dollars i ($68,040.00) is hereby authorized for the purchase of excess insurance coverage for the Power Plant and the sum of Seven Thousand Five Hundred and Sixty Dollars ($7,560.00) is hereby authorized to be paid for the services of Wm. Rigg Co, in this regard. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the . day of April, 1986. RRHARD 0. h CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALL2N, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS 10 LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A / k f WYOl DENTON, rEX" MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE I8i71 5668200 April 2, 1986 r TO WHOM IT MAY CONCERN; Please recognize the Wm. Rigg Company as our broker of record for excess insurance coverages on the Denton Power Plant, with the understanding that Wm. Rigg Co. shall not receive remuneration from any other source. i This letter rescinds any letter previously filed and shall remain in force until revoked in writing. Very truly yours, Llo pd V. Harrell City Manager i LVH:Js i O F F I C E OF THE CITY ATTORNEY r ' MEMORANDUM T0: Honorable Mayor and Members of the City Council F FROM: Robert B. Hunter, Assistant City Attorney I~ SUBJECT: Quitclaim Deed to Cure Title DATE: March 27, 1986 I Please be advised that G. Mark McAleenan, Jr., an attorney who is representing the purchasers/investors of property being conveyed by Denton North, Ltd., has contacted our office for assistance in clearing title to the property. The deed to Denton North from Frank Short dated June 29, 1976 recites that the property was conveyed subject to "a pre-existing agreement or understanding or obligation" made with the City of Denton to convey 1.5 acres out of the 4.12 acre tract to the City for park purposes if the City so desires. A search of the City's records reveals no such agreement. Without an express written agreement, the City cannot legally enforce such a provision in a 4 deed between other parties. Therefore, in order to avoid litigation to cure the title and the resulting costs and attorney fees, I have prepared the attached ordinance and quitclaim deed which will convey any interest the City may have except existing easements for drainage, utilities and ` right-of-way. This will remove the cloud on the title and avoid the necessity of unnecessary litigation. ROBERT B. HUNTER RBH:js xc: Lloyd V. Harrell, City Manager Attachments APPROVED: 1' r4l/A A. DRAY_01,VIT$K 14USL NO. r j AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO SHORT FAMILY PARTNERSHIP TO CURE AN ALLEGED DEFECT IN TITLE AND DECLARING AN EFFECTIVE DATE. WHEREAS, Short Family Partnership is a successor in title to Denton North, Ltd., a limited partnership, to certain real property situated in Denton North Addition; and WHEREAS, Donlon North, Ltd., received its title from Frank 1+ M. Short by Warranty Deed dated June 29, 1976, which contains a reference to "a pre-existing agreement or understanding or obligation" made with the City of Denton to convey 1.5 acres to the City for use as a park; and WHEREAS, the City's records contain no such agreement nor ' any reference to the same; and WHEREAS, the City asserts no legal right, title nor Interest in the real property described herein, other than its existing easements for drainage, utilities and public right-of-way; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: ~ SECT I01J I . That the Mayor and City Secretary are hereby authorized to execute and deliver a quitclaim deed, attached hereto and incorporated herein by reference, to Short Family Partnership. SECTION II. ' That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1986. RICHARD 0. wM CITY OF DENTON, TEXAS ATTEST: SAAR E EN, CITY -ECRETAP.? CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. RELEASE AND QUITCLAIM THE STATE OF TEXAS S COUNTY OF llENTON S KNOW ALL MEN BY THESE PRESENTS: • That, the City of Denton, Texas, a municipal corporation and home rule city of the State of Texas ("Grantor"], for and in consideration of the sum of TEN AND NO1100 DOLLARS ($20.00) in hand paid by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged, has RELEASED, RELINQUISHED AND QUITCLAIMED, and by these presents does • RELEASE, RELINQUISH and QUITCLAIM, untc SHORT FAMILY PARTNERSHIP, a Texas general partnership ("Gra.tee"] (successor in interest to Denton North, Ltd,), whose add- is P, 0. Box 7735, Waco, Texas 76714-7735, all of Grantor' -(Pat, title and interest, excepting and reserving unto the Gru. any and all of its existing easements for drainage, utilJtio* and public right-of-way, in and to that certain tract of real property situated in Denton County, Texas and more particularly described as follows: All that certain 4.12 acre tract, or parcel of land, situated in the B,B,B. f, C.R.R. Co, Survey, Abstract No, 186, City and County of Denton, Texas; said tract being part of that tract shown by deed to Lucy Chinn Martin as shown by Deed record in Volume 426, Page 218 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows: BEGINNING for the southeast corner of tha tract being described herein, at a steel rod set in the eastern line of Don Harrison, et al tract, said point being the most eastern northeast corner i of Unit One, Block Three, Denton North Addition as shown by plat recorded in Volume 11, Page 5 of the Plat Records of Denton County, Texas; THENCE north P7059' west 436,6 feet to return, or el corner of said Unit One, !lock Three in the east line of Fallmeadow Street; I k THENCE north 01059' east 409,9 feet to the northeast corner of ` aforementioned Fallmeadow Street; i THENCE south 88001' east 439,1 feet to a steel rod at the northeast corner of Don Harrison, et al tract; THENCE south 02017' west 410.0 feet to the place of beginning, C TO HAVE AND TO HOLD all of Grantor's right, title and Interest, excepting and reserving unto grantor its existing ` easements for drainage, utilJt.ies and public right-of-way, In and to the property and premises unto grantee, its successors and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim or demand any right, title or Interest in or to the property, premises or appurtenances or any part thereof, except existing easements as aforesaid. Executed this day of April, 1986. CITY OF DENTON, TEXAS f BY: RICHARD 0. STEWART, MAYOR t F ~ 1 1 ATThS'r: • MTARrOT'I'~A SECRETARY CITY OF DhNTUN, TEXAS THE STATE OF TEXAS S r COUNTY OF D,ENTON S On this day of April, 1986, before me, the undersigned Notary Public., personally appeared Richard 0. Stewart, Mayor, personally known to me (or proved to me on the basis of satisfactory evidence) to be tiia person who executed the within instrument as Mayor of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged co me that the corporation executed it. WITNESS my hand and official seal. RUM -$UB E f STATE TEXAS i i PAGE 2 f PORTER & CLEMENTS ATTORNEYS 8500 REPUBUCBANK CENTER 11OU57'ON, TEK.aLs 77002 TELEPHONE f 11 31 220-0600 TELECOPIER (713) 228.1331 1 { T£LECOPIER 17131224.4B35 1 0. MARK MCALEENAN, JR. PARTNER TELEX 715 348 (715) 226-0622 February 12, 1986 t, r Mr. Robert B. Hunter Assistant City Attorney City of Denton Municipal Building Denton, Texas 76201 Re: Deed to Denton North, Ltd. Regarding Alleged Park Dedication Dear Mr. Hunter: Reference is made to your letter dated November 221, 1985 regarding the absence of any documentation on file with the City of Denton concerning the alleged park dedication. Accordingly, I enclose for your assistance in preparing an appropriate resolution by the City of Denton to remove the alleged park dedication as a cloud on title, a proposed Release and Quitclaim to be executed by the City of Denton. If this document is acceptable to you in its present form, please present it to the Denton City Council as soon as possible for approval and execution. Once executed and acknowledged, please return the Release and Quitclaim to me for recordation. h Should you have any questions regarding the foregoing, please call me. Your assistance in this matter is certainly appreciated. Very ru o M rk McAleenan, Jr, GMM26/036/kmc Enclosures - 4 t r OFFICE OF THE CITY ATTORNEY MEMORANDUM i ' TO: Jeff Meyer, Director of Planning FROM: Robert B. Hunter, Assistant City Attorney DATE: November 22, 1985 SUBJECT: Land Conveyed to Denton North, Ltd., Subject to Alleged Agreement with t'k:e City Lo Donate or Dedicate 1.5 Acres for Park Purposes The attached copy of a Warranty Deed from Frank M. Short to Denton North, Ltd., contains a provision with regard to Tract 3, that the tract is being conveyed subject to an express under- standing that the Grantee must honor a preexisting agreement or understanding or obligation with the City of Denton that, at the City's request, 1.5 acres of the tract will be conveyed to the City for use as a park. Porter and Clements, a law firm in Houston, has requested that we search our records to determine whether any such written agreement exists. Neither Steve Brinkman nor Roger Wilkinson have been able to locate any documentation of such an agreement. It has occurred to us that perhaps an agreement of this nature was made pursuant to a platting or zoning process. A reference to the 1.5 acres may be found in an unrecorded plat filed with the City or as part of a planned development ordinance, if any. I would appreciate it if you would let me know whether a search of your records reveals any reference to such an agreement. Thank you for your cooperation in this matter. ROBERT B. TOLITER RBH:jc APPROVED c:f-- D CH Speed Letterx To From h`a -W.0& 10 FOLD MESSAGE Date Signed REPLY Asp 0 fw 'NF. IO FW Date 5'Igned wwe+, ~Con+ ; EXTAA COPY f r 1 F 1 r WY of DENYON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 566.8200 M E M O R A N D U M r 1'0: Robert B. Hunter, Assistant City Attorney FROM: Steve Brinkman, Director, Parks and Recreation DATE: November 4, 1985 SUBJECT: Land Conveyed to Denton North, Limited, Subject to Alleged Option by City to Acquire 1,5 Acres for Park Purposes li Our records show no agreement between Mr, Short and this department. te in man ME1400448 PARKS AND RECREATION DEPARTMENTI {817) 566.8270 t Y~ 1 .Y; OFF2CE OF 'T'HE C=T ATTORNEY MEMORANDUM i TO: Rick Svehla, Acting City Manager Steve Brinkman, Director of Parks and Recreation Roger Wilkinson, Right-of-Way Agent FROM: Rn~. rt B. Hunter, Assistant City Attorney DATE: October 22, 1985 SUBJECT: Land Conveyed to Denton North, Limited, Subject to Alleged Option by City to Acquire 1.5 Acres for Park Purposes I am enclosing correspondence from G. Mark McAleenan, Jr., an attorney who is representing purchasers/ investors of property owned by Denton North, Limited, inquiring about a provision in one of the deeds which surfaced during a title search. The provision refers to Tract No. 3, as described in the attached warranty deed, as being conveyed subject to a preexisting agreement or understanding or obligation made with the City of Denton that, at said City's request, 1.5 acres of said tract t will be conveyed to the City of Denton for use as a park. I am r informed that the Deed Records of Denton County disclose no instrument on file purporting to be an agrr:temant or option in favor of the City, and Roger Wilkinson informs me that he has been unable to locate any such instrument in the City's records. I would appreciate it if you could send us a memo setting forth whether our records disclose the existence of such an option or agreement so that I can forward the same to tor. McAleenan, Jr. Thank you. I ROBERT . -AU RBH : j c Attachments r E r PORTER & C1.I:DIENTS AT70RNEYS 3500 RE. U0LICUANK ;ENTER HOUSTON, TEXAS 77002 7ELEPHONE 1;151 226 0600 TELECOPIER 17;0122X-1635 TELEX 775340 j 0. %FARE 2/cA3.8LNAN,JX. 17131 226 ' J622 October 14, 1985 Y VIA FEDERAL EXPRESS Mr. Robert B. Hunter Office of City Attorney 215 East McKinney Denton, Texas 76201 Re: Alleged Option to Acquire Park Site Dear Bob: Pursuant to our telephone conversation of this afternoon, enclosed for your reference is a copy of an unsigned and unre- corded Warranty Deed with Vendor's Lien from Frank M. Short to Denton North, Ltd. which Deed mentions the alleged option in favor of the City of Denton to use 1.5 acres of land out of a 4.12-acre tract for park purposes. I am told the enclosed version is the same as the executed and recorded Deed. As you will note, I have marked by red pen the pertinent sections of this instrument relating to the alleged option. 1 Upon further investigation by the Title Company, there appears to be no instrument in writing and of record describing in any fashion the parameters or terms of such an alleged option, ! nor has the current owner of the property been able to locate in his files any documents describing the alleged option. Conse- quently, if any option ever did exist, is, and has been unenforceable. I am told by the current owner that the subject 4.12-acre tract is unimproved land covered with grass and other vegetation. Accordingly, if you would please obtain the necessary written reports from the appropriate city departments so that you can present a formal release of the alleged option to the Denton City Council for its approval as soon as possible, I would be most appreciative. Should you have any questions, please call me. Very truly you s, G. Mar McAleenan,vr. "f GMM:jm Enclosure GMM20: 28 of DE?'ETON LEGAL DEPT, _J WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF U::1TOt1 / That Frank M. short I of the County of McLennan and state of Texas for and { - DOLLARS In consideration of the sum of TF.11 AND :10/100 (510,00)------------------ and other valuable consideration to the undersigned paid by the grantee heroin named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by Grantee herein of its certain promissory note of even date herewith, said note being payable to Grantor, Frank M, Short, as follows; Said note being for the principal sum of $2,400,000.00, } payable in installments as set forth in said note, and with a final "balloon" installment due on the :Sr day of r Y , 19 `i said note proving for acceleration o natur ty an for a torneys' fees and bearing interest and containing other provisions, all as therein stipulated and provided, and on which note Grantee has no personal liability. f . f I 1~ f f , I the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to P It Johnston Trustee, have GRANTED. SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto t Denton :lorth, Ijtd, a Texas limited partnership, of the County of McLennan and State of Texas all of the following described real property In Denton County, Texas, to-wili Thrae (1) tracts of land in Denton County, Texas, being more specifi- c cill~ described as follows, to-wit: TRACT NC, l All that certain lot, ttratt, or Force, of land situated io ■nd art of Unit One,block Thrge, Wnton NorththedC`~tnRecorda being a P plot recorded in Volume 11, Page } of Texas; said tract being further described s shown by P ..v r.nton County, i' of Denton County, Texas; Said tract being, Luzttler aka + herein by metes and bounds as follows. f s Beginning, for the southeast corner of this tract, at a steel , s rod lound at the northeast corner of CAr4enview Street as shown by plot recorded in Value 7, Page 11 of the Plat Records of Denton County, Texas; , - Tbenee ]forth 88 degrees 01 minutes West 434,65 feet to a steel rod at the southwest corner of Unit One, Block Three, said point being the point of intersectian of the north line of Gardenviev Street with the east line of Fallwadw Street; r Thence North 1 degree 59 minutes East 345.85 feet to a cut is conete cux•b on southern side of drainage, channel; Thence Snnth 86 dtgrets 00 minutes 45 seconds East 436.63 feet , r to a steel rod in the east line of Denton North Addition; Thence South 2 degrees 13 minutes 40 seconds West 345.85 feet to the place of beginning. a All that certain tract, Into or parcel of land situated in and being part of Unit Two, Block One,•Deatoo North Addition, as shown by Plat recorded in Volume 7, page 11, Plat Records of Denton Count'yi. Texas; said tract being further described herein by mutes and bounds as follows: Beginning, for the northwest corner of tbis tract, at the north- west corner of said Unit Two, Block One, Denton North Addition; fj Thence South 88 degrees 01 minutes East 434.35 feet to a steel ft rod set at the northeast corner of said Unit Two, Block One, Denton North Addition; Thence South 2 degrees 19 minutes West 237.16 feet with east lice of said Unit Two Block One, Thence North 88 degrees 01 minutes West 120,0 feet to a' steel rod; Thence North 76 degrres 17 minutes 52 'seconds West 182.79 feet to a eteel rod; Thence North 1 degree 59 minutes East 16.5 feet to a steel rod; Thence'North 88 degrees 01 minutes West 134.00 feet tore steel rod set in the east line of Fallmesdoo Street; r Thence North I degree 59 minutes East 183,53 feet along the f` -east line of Fallmcadw Street to the place of beginning. TRACT N0. 2 3 r :,rtuarea :o Lne Lounty of uencoo, ac„cc cc aexam, age oewl; i part of Unit 2, Block 1, of the Denton North Addition to Denton, Texas, and being described by metes and bounds as follows, to-wit: BEGLVNLVG at the Southeast Corner of said Unit 2, Block 1 of said Addition: THENCE North 57 deg, West with the Louth line of Unit 2, Block I ■ distance of 501.8 feet to a point for corner In the Last line of F'alimeadow "!reel; THENCE North 01 deg. 59 tr:1R. East with the East line of sold street a distance of 285.0 feet to ■ point for corner; THENCL South 88 deg. 01 alts. East a distance of 134. 0 feet to a point for corner; THFNCE South 1' deg. 59 min. Vest a distance of 28. S feet to s point for corner; THENCE South 76 deg. 17 Dnin. 52 etc. Fast A total of 182, 70 feet to a point for cor'ae ' THENCL' South 88 deg. 01 min. Fast a dletrnee of 120.0 1'tet to a point for corner In the East line of said Unit Zt THENCE South 02 deg. 10 min. Vest with the Cast line of said Unit 2, a distance of 590.0 feet to the place of begianing•, and containing 3. $19 acres of land, more or leas. . fl ~ 1 r u li If . II TRACT No. 3 j.-1l that cer;aiA 4.12 acre tract, or parcel of land, situated in the B. B. B & C. R. R. Co. Survey, Abstract 1.1o. 1PG, City and County of Denton, Texas; said tract bc:in3 part of .fiat tract shown by deed to Lucy Chinn Pardo 1s, S..0',111 by n-.ad recorded in Volume 416, I'age 213 or the f il,•~• nr?%'<1 rr~c ~ln r.►nn ('r~i~~. her Ter.acr said trv.~ 1-oi nq iu:lher dcscriLad herein by metes and bounds as follcrw•-:: nee inning, for the southeast corner of the tract being described hel:e.in, at a steel rod set in the eastern line of Don Nar.rison, Et Al Tract, said point being the most eastern northeast corner of Unit One, Block Three, Denton Morth Addition as shown by plat recorded in Volume 11, Page 5 of the Plat Records of Denton County, Texas; ':hence North 87 degrees 59 minutes West 436.6 feet to retur.rl, or cl corner of said Unit One, Block Three in the east line of Fallmeadow Street; Thence North 1 degree 59 minutes East 409.9 feet to the northeast corner of aforementioned Fallmeadow Street; Thcnce South 88 degrees 01 minute East 439.1 feet to a stem rod at the northeast corner of Don Harrison, Et Al Tract; 'T'hence South 2 degrees 17 minutes Wost 410.0 feet to tho place of Ucginning. f I I r pril"M ,r tract ..o. 3, described above, is being conveyed fro, and clear of any liens except for the lien retained herein, and in the need of Trust referral to No. 3 is I, aing conveyed with the express understanding haendreiang, ree but ment said by TrGraacnt tee herein, that Grantee or its successors and assiens i r,1jt honor a pre existing agreement or understanding or obligation with respect to said 4.12 acre tract, made with the City of Denton, Texas, that to the City r.~., at said city's request 1.5 acres of said tract will be conveyeded with said of Denton fur its use as a park, and said tract is being convey that Grnt herei shallshave ar right)to ascots of release ofe thiso liendwi th respect tea said tract um of $2,0-, the which saidn so, ofa$25r,DD0 00 willlbetdeducted from the tor, ncipal as 5'-.as tD 01 awed on said note. 1, the event of the transfer of sail 1.5 acres to the City, it shall not bo necessary that Grantee risks the oaynent in the sum o= S25,900.0C with respect to said 1.5 acres. I~ TO HAVE AND TO HOLD the above dexdtxd premle s, together with all slid singular the n1hI% and aypurlensnttf )hereto In any win belonging unto the said grantee its )A9fit an0 assisns heirs, executors and administrators to tmvn; and I do hereby bind myself, my s WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee its successors xlW od spigns, against every person whomxxver lawfully claiming or to claim the ume or any pa thereof. ► Out It is expressly agreed that the VENDOR'S LIEN, as well as the Superior T0!e in and to the above i described premiers, is retained galnsl the above described property. premers and ImProvementi until the above ' described note and all interest thereon are fully paid aaordlng to the fag, tenor, effect and reading thereof. *hers this feed tha8 become absolute. This conveyance is made subject to and the Grantee herein does not assume payment of, the following indebtednessesl I Indebtedness in the original principal gum of $600,000.00, as shown in Deed of Trust executed by Glenn H. Justice at ► al, dated September 26, 1973, and recorded in Volume 329, - Page 146, Deed of Trust Records, Denton County, Texas: and indebtedness In the original principal sum of $1,135,000.00, es described in Deed of Trust dated December 30, 1975, e et executed enn eco 408, Pageb321, Dead ofuTrust Recordsl,nDenton Countyr, Texas, t which indebtedness is payable to Life Investors Insurance Company of America and/or Oankers United Life Assurance Company, affiliates) and indebtedness to The First National Dank of Dallas, in the principal sum of $300,000,00, as described in Dead of Trust executed by Glenn la. Justice at al, dated January 5, 19761 recorded in Volume 408, Page 940: and indebtedness in the amount of $1,200,000.00, as described in Deed of Trust of even date herewith, from Frank 1 M. Short to Glenn W. Justice, as beneficiary, which Deed of thistinis being strument rand rwhichi$1,200,000.00windebtednessrisna of Wrap Around indebtedness which includes, and provides for the payment of, the 1000,000.00 for oneb sadness/t ThetFirst National Hank of Dallas, and Indebtedness, all: ofnwhiohn indebtednessessl are nore$ w1,135,000.00 described above, It, the r paymentsvontthesprior indebtednessasarda scribed Above, ore seas that same are made, when due, Grantee, or its successors mention daunderlyingslndibtedneuas,tandpto recni,es he acfroredeit upon the note given harem for all such payme made. to d I andarestrictions, iflanymanowaof accepted County,ments Thi Texas, and subject to existing apartment tenant leases that taxes are now in flbeentpro stela Granto• assumasothe PAYmentnt year having thereof. ,I 1 r P EXECUTED [his 29th day of June A. D. 19 76. Frank M. Short- a f (Acknowledgment) THE STATE OF TEXAS COUNTY OF Before me, The undersigned authority, on this day personally appeared Frank M. Short a known to me to be the person whose name,,,,., A9.......... .eubeorlbed to the foregoing instrument, and acknowledged to me that.,........ he executed the same for the purposes and conddetation therein expatiated. Given under my hand and seat of office on this the day of December A, D, 197 6. . lJoiirY'iubllc'in"ind'lor c'o'unay;'iiiu. (Acknowledgmeat) THE STATE OF TEXAS 1 COUNTY OF f Before me, the undereyned authority, on this day personally appeared known to me to be the person........ whow name tubscribed to the foretoing instrument. end acknowledged to me f that..,..,... he executed the tame foe the purposes and conaideration therein expreeaed. Given under my hand and seal of office on this the day of A. D. 19 Notiry Public !n and for Count Texu. (Acknowledipmat) THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the peraoqwhoa name,,,,,,,,,,,,,,,,,,,,, subscribed to the foregoing instrument, and acknowledged to me that ,,,,,,,.,he executed the same for the purposes and wosiderarion therein expreaeed. Given under my hand and seal ut office on this the day of A. D. 19 Couni~, Ye iii: ' (Conmette ackaowledpaat) Y ♦ A, t-'tl t'11 e! it t1V f a ~1 / dj,ditl; 1 S rY r e;,+ F 41 kf if, 1 11 k,! 1r S✓ 1-4 04 yg „ It, I ~ rtryL7 r w" I .a :,r~ SSi ',1 n l 0.:-:1ft,l!' M T" r t,} .r T 7S., a r :I t t. It. n' 1 I I r ~ s A ' ~ f't ~ f % t' ♦ a I~ 1~,~L 4~yY /r v I• 7~Iit` r Ka Yy Y4,.~Rr ~J Lt ,V 1 1~. 1 `I rl`i ♦ 1 _ ( M.a ~r ~I.fv " Ifr'~t~r,*11 r 't MI♦Y t~'f'~1.. 1H l I :,lv s L .Sr `!r v! ..1 4 ,r r 1~'Sf y~ ' RR/ ~yb y I F." 777r7T7. 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' yid t r tru , ,~•7n t +r I4 ~ { A Nd /r I1.'d~,"' 5r 1 l r y > ~i k' r n fS'i 11th Kg ~iLBi",~ xl ' : Lr ~ T FSiPJ}. q,t~Crv Wt 3,gr'+~f;~ ' 4 ' n, rhTx} ...'t7Y knP~z c'"1~,,,r tpq # yt r~1 tier ' ,x r1 ,.rat 1w m. t f ts„ w?X~~pyry r {fs> ` .^r' y,,~1.y Itd S'ry'. ~~~y ..r 1MPi,..',~~cS S',')~?1917'9!•i . % r y!~,,5<a1" P 11..ir-.tom ~PARq Jr. Nr,'J• t a> et r S : Is re{y 1., 1 ~~}lid m~ ,Ml% ~'.a ~Vr -I.1. 1 v++~t!N"i Y'9 d Vj iA I% C ! 3 r`ar _ . 6* t,lki ILI ~f ly,l y~ n,. r ~ ~'"s't 'r: ltti.(W~►S ! a.,r .tA v. 1~ I d Date: 04/01/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Man Eger y SUBJECT: Adoption of an ordinance setting a date, time, and place for public hearings 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 i 1330, and beginning approximately 14 miles east of F.M. 426(A-35) f RECOMMENDATION: Staff recommends that public hearings be held on April 15 and May 6, 1986 ' SUMMARY: If approved, this annexation will extend a 500' strip down E. McKinney (F.N, 426) east to a point near the proposed Lakeview site per City Council direction. Approxim- lily 80 acres are part of a voluntary request and the ba.,ance is being annexed involuntarily. BACKGROUND: i Oakhill Joint Venture requested voluntary annexation for 80 acres and indicated that future cluster housing/single i family detached 6,000 square foot lots would be requested. r i PROGRAMS, DEPARTMEN'T'S OR GROUPS AFFECTED: Property owners with frontage along F.M. 426 beginning at the Champion Mobile Home Site will have property included in involuntary portion of request. At least two residences are located within the area of voluntary request for annexation. FISCAL IMPACT: f Undetermined Respectfully submitted: /Z'W// - Prepared by:. o acre City Manager David Ellison Senior Planner i Jeff Meyer nirrrtnr of Planninrs 8 Develonment. P . 1383L NO. C 1 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS G ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND { • AUTHORIZING AND DIRECTING, THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. On the day of 1986, at 7:00 o'clock P. M. in the Cit--C- uncil Ciam ers o Tie Municipal Building of the City of Denton, Texa~i, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described In Exhibit "A" attached hereto and incorporated by reference herein, in toe tCity-ouncil Cham ers o t eMunicipaat :0 o'clck .M, l 7Bu0 ildingo of Pthe City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be hoard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearings to be published once in a newspaper having general circulation In the M City and in the territory described in Exhibit "At' not more than twenty days nor less than ten days prior to the date of such public hearings, all In accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION 111. This ordinance shall be in full farce and effect immediately following its passage and approval. PASSSD AND APPROVED this the day of , 1986. MAYOR CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAhiI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS . BY: A-3S/OAKI{ILL JOINT VENTURE EXHIBIT "A" All that certain tract or parcel of land lying and being 1 situated in the County of Denton State of Texas, and being part v of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and being more fully described as follows: BEGINNING at a point ,ving 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 250 feet Northeast of and perpendicular to the center line of F.M. 426 (McKinney Street); • f THENCE Southeasterly, 250 feet Northeast of and parallel to the center line of F.M. 426 the following 7 course; and distances: (1) South $3° 43' East, 712.47 feet to a point, said point being the beginning of a curve to the left with a radius of 5,479.50 feet, central angle of 3° 381, and a chord bearing of South 550 32' East, 347.42 feet; (2) Southeast along said curve an arc distance of 347.50 feet to a point; (3) South 57° 21' East, 786.6 feet to a point, said point being the beginning of a curve to the right with a radius of 1,523.24 feet, a central angle of 140 43', and a chord bearing of South 49° 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 arc distance of 391.26 feet to a point; (5) South 420 38' East, 1,947.50 feet to a point, said point being the beginning of a curve to the left with a radius of 791.24 feet, a central angle of 300 01, and a chord bearing of South 570 38' East, 409.58 feet; (6) Southeast along said curve an arc distance of 414.29 feet to a point; (7) South 72° 38' r 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 0° 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 in the Northeast right-of-way of F.M. 426; THENCE South 15° 19' 02" East along said present city limits and said survey line crossing said F.M. 426 a distance of 137.12 feet to a point for corner; THENCE South P 30' 37" West along said lines a distance of 226.11 feet to a point for corner, said point lying 250 feet Southwest of and perpendicular to the center line of F.M. 426; I THENCE Northwesterly 250 feet Southwest of and parallel to the center ling of F.M. 416 the following 4 courses and distances; 1 (1) Northwest along a curve to the left with a radius of 704.93 feet, a central angle of 230 241, an arc length of 282.98 feet, a chord bearing of North 60° 56' West, 280.98 feet to a point; (2) North 720 38' 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 570 38' West, 668.65 feet; ` (3) Northwest along said curve an are distance of 676.48 feet to a point; (4) North 420 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 I I 1 Daniel H. Bailey by deed dated 11-25-78, and recorded in 4olume 917, page 381 of the Deed Records of Denton County, Texas; THENCE South 10 46' 43" West along the East boundary line of said tract, a distance of 4,210.17 feet to a point for corner, said point being the Southeast corner of said tract; i THENCE North 890 22' 35" West along the South boundary line of said tract a distance of 135.38 feet to a point in the middle of ? Pecan Creek; THENCE Northwesterly along the South and West boundary line of said tract, same being the middle of Pecan Creek, the following 8 courses and distances; (1) North 21° 02' 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 61° 44' 31" West, 93.55 feet; (5) North 64° 10' 43" West, 224.81 feet; (6) North 720 36' 15" West, 76,07 feet; (7) 'north OS° 59' 16" West, 53.31 feet; (8) North 06° 53' 32" East, 380.63 feet to a bend in Pecan Creek; THENCE North 010 48' 48" East continuing along the West boundary 1 line of said tract n distance of 2,796.61 feet to a point; THENCE North 01° 44' 02" East continuing along the West boundary line of said tract a distance of 1,376.66 feet to a point for corner, said point lying 250 feet Southwest of and perpendicular to the center line of F.M. 426; THENCE Northwesterly, 250 feet Southwest of and parallel to the center line of F.M. 426, the following 5 courses and distances; (1) North 420 38' West, 1S.36 feet to a point, said point being the beginning of a curve to the left with a radius of 10023.24 feet, a central angle of 14° 43', and a chord bearing of North 490 59' 30" West, 262.10 feet; (2) Northwest along said curve an are distance of 262.82 feet to a point; (3) North 570 21' West, ' 786.6 feet to a point, said point being the beginning of a curve r to the right with a radius of 5,979,58 feet, a central angle of 3° 381, and a chord bearing of North S5° 32' West, 379.12 feet; I (4) Northwest along said curve an are distance of 379.14 feet to ` a point; (5) North 53° 43' West, 346.53 feet to a point for f corner, said point lying in the present city limits as I established by Ordinance 83-134; THENCE North 00 OS' East along the present city limits crossing f 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. r A-35/OAKHILL JOINT VENTURE f 1383L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL iNTFRESTFD PERSONS THAT: a" • 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 and before the City Council of the City of Denton, Texas, on the day of , 1986, at 7:00 o'clock P. M. tr. the C tI y council Chambers o the Municipal Building of the City of Denton, Texas, :or all persons Interested in the above proposed annexation. At said time and i 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 day of , 1986, at 7:00 o'clock P. M. in the C t1-y-T~ouncil C ah m ers--oT--Tie 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. CITY OF DENTON, TEXAS ` ATTEST: f I CHARLOTTE ALLEN, CITT-MATTM i I 1 i i F I i A-35/OAKHILL JOINT VENTURE I I EXHIBIT "A" I All that certain tract or parcel of land lying and being situated in the County of Denton State of Texas, and being part of the Morreau Forrest Survey, Abstract 4171 and the Gideon Walker Survey, Abstract 1330, and being more fully described as r follows: C+Y` BEGINNING at a point lying in the present city limits, said ` point lying at the intersection of the East boundary line of the r r tract described in Ordinance 83-134, with a point lying 2SO feet Northeast of and perpendicular to the center line of F.M. 426 (McKinney Street); r THENCE Southeasterly, 250 feet Northeast of and parallel to the center line of F.M. 426 the following 7 courses and distances: (1) South 530 43' East, 712.47 feet to a point, said point being the beginning of a curve to the left with a radius of 5,479.50 feet, central angle of 3° 381, and a chord bearing of South 55° 32' East, 347.42 feet; (2) Southeast along said curve an arc distance of 347.50 feet to a point; (3) South 570 21' East, 786.6 feet to a point, said point being the beginning of a curve to the right with a radius of 1,523.24 feet, a central angle of 140 43', and a chord bearing of South 49° 59' 30" East, 390.18 feet; (4) Southwest along said curve passing the South boundary line of said 14. Forrest Survey, same being the North boundary line of said Gideon Walker Survey, and also crossing a county road and continuing an arc distance of 391.26 feet to a point; (5) South 42° 38' East, 1,947.50 feet to a point, said point being the beginning of a curve to the left with a radius of 791.24 feet, a central angle of 301 01, and a chord bearing of South S70 38' East, 409.58 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 0° 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 in the Northeast right-of-way of F.M. 426; THENCE South 1S° 19' 02" East along said present city limits and sai; survey line crossing said F.M. 426 a distance of 137.12 feet to a point for corner; THENCE South 10 30' 37" West along said lines a distance of 226.11 feet to a point for corner, said point lying 2SO feet southwest of and perpendicular to the center line of F.M. 426; THENCE Northwesterly 250 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 23° 241, an arc length of 282.98 feet, a chord bearing of North 60° 56' West, 280.98 feet to a point; (2) North 720 38' West, 1,147.6 feet to a point, said point being the beginning of a curve to the right with a radius of 1,291.74 feet, central angle of 30° 0' and a chord bearing of North S7° 38' West, 668.65 feet; (3) Northwest along said curve an arc distance of 676.48 feet to a point; {4) North 42° 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. Halley by deed dated 11-25-78, and recorded in Volume 917, page 381 of the Deed Records of Denton County, Texas; THENCE South 1° 46' 43" West along the East boundary line of said tract, a distance of 4,210.17 feet to a point for corner, said point being the Southeast corner of said tract; THENCE North 89° 22' 35" West along the South boundary line of s*. said tract a distance of 135.38 feet to a point in the middle of Pecan Creek; THENCE Northwesterly along the South and West boundary line of said tract, same being the middle of Pecan Creek, the following 8 courses and distances; (1) North 21° 02' 43" West, 187.49 feet; (2) North 35° 28' 08" West, 73.37 feet; (3) North 63° 27' 14" West, 181.01 feet; (4) South 610 44' 31" West, 93,55 feet; (5) North 64° 10' 43" West, 224,81 feet; (6) North 72° 36' 15" West, 76.07 feet; (7) North 05° 59' 16" West, 53.31 feet; (8) North 061 53' 32" East, 380.63 feet to a bond in Pecan Creek; THENCE North O1° 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 continuing along the West boundary line of said tract a distance of 1,376.66 feet to a point for corner, said point lying 250 feet Southwest of and perpendicular ( to the center line of F.M. 426; THENCE Northwesterly, 250 feet Southwest of and parallel to the center line of F,M. 426, the following 5 courses and distances; (1) North 420 38' Weal, '5,36 feet to a point, said point being the beginning of a curvo the left with a radius of 1,023,24 feet, a central angle of 14• '.12 C and a chord bearing of North 491 59' 30" West, 262.10 feet; (1 Northwest along said curve an arc distance of 262.82 feet to a point; (3) North 570 211 West, 786.6 feet to a oint, said point being the beginning of a curve to the right with a radius of 5,979.58 feet, a central angle of 3;)381, and a chord bearing of North 550 32' West, 379.12 feet; Northwest along said curve an arc distance of 379,24 feet to a point; (5) North 53° 43' West, 346,53 feet to a point for ` corner, said point lying in the present city limits as 1F established by Ordinance 83-134; t THENCE 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, I A-35/OAKHILL JOINT VENTURE 1 let Ac O O W m r0 5X 6 Ac, n ` Ac b t EX~BiT I► P 1111 Ac ecucxEAr 11 ac = 10.0 Ad. 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Ir L< F t r CLLMTEFI-11 8F-8 AONOOL.'AwX~ ISCHOOL,PA RKa Oral MAO/ OPEN 8PACE ~w It PRELIMINARY DEVELOPMENT CONCEIT OAFCHILL JOINT VENTURE BY RAMSEY DEVELOPMENT CORPORATION . METROPLEX ENGINEERING CORPORATION 1123 FORT WORTH onve OENTON.TlXAS 70gOa 617.393.1416 METRO 4.qC)-IMQ fl - 3S r P DATE: 4/1/86 CITY COUNCIL REPORT FORMAT 1 TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager i SUBJECT: 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-35 E and F.M. 426, being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330 (A-38). RECOMMENDATION: Staff recommends that public hearings be held on April 15 and May 6, 1986. SUMMARY: t This annexation request is for additional property included in the Lakeview proposal. Approximately 1.97 acre is involuntary, but Miller of Texas is negotiating foi- acquisition of the site. BACKGROUND: This annexation request was submitted on January 16,1986. Legal descriptionspdocuments for annexation, and other administrative materials and tasks were completed approximately 2 weeks ago, The earliest date cor final action :is June 24, 1986. Zoning procedure and schedule is being followed for concurrent requests. All regular meetings are utilized. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: According to petitioners, approximately 5 dwelling units and 12 persons are located within the area of proposed annexation FISCAL IMPACT: Undetermined Respect ully submitted; Prepared by: oy arre City Manager 0 AIM av1 ison Senior Planner Appro e . Jeff Meyer Director of Planning 6 Development F l ~ 1382I. 1 N0, _ ► i 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 T,.E CITY OF UENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLIC HEARINGS PUBLISH NOTICE. OF SUCH THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. On the day of 1986, at 7:00 o'clock P. M, ' in the City-7ouncll Cham ers o t e Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described In Exhibit "A" attached hereto and incorporated by reference herein. On the day of 1986, at 7:00 o'clock P.M. In the City--'C- l ChamTiers o t e Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and Incorporated by reference herein. SECTION II. The Mayor of the City of renton, Texas, is hereby authorized and directed to cause notice of such public hearings to be published once in a newspaper having general circulation in the City and in the territory described in Exhibit "A" not more than twenty days nor less than ten days prior to the date of such public hearings, all in accordance with the Municipal Annexation Act (Article 970x, Vernon's Texas Civil Statutes), SECTION III, This ordinance shall be 'it full force and effect immediately following its passage and approval. PASSED AND APPROVED this the day of 1986, MAYO CITY OF DENTON, TEXAS ATTEST: ! 0 E AL , S LRE AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: c A-38/MILLER OF TEXAS l3B~L EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Sure.., Abstract 330, and being more fully described as follows: BEGINNING at a point lying in the present city limits, said point iying 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, said point also being the Southwest corner of a tract of land conveyed to George M. Hopkins by deed recorded in Volume 414, Page 65 of the Deed Records of Denton County, Texas; THENCE North 000 06' 04" East with the center of Swisher Road s and with the west boundary line of said tract a distance of 1,520.87 feet to a point for corner, said point being the Western Northwest corner of said tract; THENCE North 89° SO' 58" East along the north boundary line of said tract distance of 1,655.56 feet to a point for corner; THENCE North 00° 41' 35" 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 al, by deed recorded in Volume 1363, Page 611 of the Deed Records of Denton County, Texas; i THENCE North 00° 08' 51" 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 00° 13' 37" West along the West boundary line of f said Fowler tract a distance of 373.85 feet to a point; THENCE North 00° 42' 25" West along the West boundary line of said Fowler tract a distance of 806.45 feet to a point for corner, said point being the Northwest corner of said tract; I ` THENCE North 89° 29' 03" East along the North boundary line of f 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 1261. 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 654 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.°5 feet to a point, said point being the beginning of a curve to the right with a radius of 1,440.0 feet, a central angle of 22° 00' OO", and a chord bearing of North 10° 19' 44" East, 549.53 feet; THENCE Northeast along said curve an arc distance of 552.92 feet to a point; THENCE North 21° 19' 44" East along the West boundary line of said Grimes tract a distance of 698.69 feet to a point for corner, said point being the northwest corner of said tract; A-38/MILLER OF TEXAS i THENCE South 70° 46' 34" East along thi North boundary line of said Grimes tract a distance of 250.0 feet to a point for corner, said point lying in the West 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 boundary line of said Fulton tract, same bean; the West boundary line of Lake Lewisville, the following 8 courses and distances; (1) South 241 35' 32" East, 1,164,14 feet to a U,S. Army Corps of Engineers Monument P-236-W; (2) North 79° 33' 36" East, 244.92 feet to a U.S. Army Corps of Engineers Monument P-23S-W; (3) South 53° Oil 38" East, 477.87 feet to a U.S. Army Corps of Engineers Monument P-234-I4; (4) south 41° 03' 34" East, 385.97 feet to a U.S. Army Corps of • Engineers Monument P-233-W; (5) South 410 32' 37" East, 302.15 feet to a U.S. Army Corps of Engineers Monument P-2324; (6) South 301 2S' 39" West, 359.62 feet to a U.S. Army Corps of Engineers Monument P-231-W; (7) South 51° 09' 25" 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 890 46' 47" West along 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 E3-5t boundary line of a tract of land conveyed to Steven A. Higgins by deed recorded in Volume 1510, Page 51 of the Deed Records of Denton County, Texas; THENCE South 010 06' 30" East along the East boundary line of said Higgins tract a distance of 765.77 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' 42" East along the East line of the Hopkins tract a distance of 1,788.55 feet to a point for corner, said point being the Southeast corner of said tract; THENCE South 890 OS' 22" West along the South boundary line of said Hopkins tract passing the Northeast corner of the city limits as described in Ordinance 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 3,550.65 feet to the place of beginning and containing 301.80 acres of land. 1 A-38/MILLER OF TEXAS f P 1382L ~l 1 NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION l 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 and before the City Council of the City of Denton, Texas, on the day of , 1986, at 7;00 o'clock P. M. in the C tty Zouncil C am erg s of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard, Of all said matters and things, all per ns 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 day of , 1986, at 7,00 o'clock P. M. in the C try CCouncil C am ers o the Municipal Building of the City of Denton, Texas, for all persons interested In the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. MAYOR CITY OF DENTON, TEXAS ATTEST; CHARLOTTE r CITY SECRETUT A-38/MILLER OF TEXAS i382L EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330, and being more fully described as follows: BEGINNING at a point lying in the present city limits, said r point lying at the intersection of the North boundary line of I`r the tract described In Ordinance 84-97, with a point lying in the center of Swisher Road, said point also being the Southwest corner of a tract of land conveyed to George M. Hopkins by deed recorded in Volume 414, Page 65 of the Deed Records of Denton 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 1,520.87 feet to a point for corner, said point being the Western Northwest corner of said tract; THENCE North 890 50' 58" East along the north boundary line of said tract distance of 1,655.56 feet to a point for corner; THENCE North 000 41' 35" East along the Easterly Ylest 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 al, by deed recorded in Volume 1363, Page 611 of the Deed Records of Denton County, Texas; THENCE North 00° 08' $1" 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 i tract of land convoyed to Virginia Lee Fowler by deed recorded in Volume 986, Page 811 of the Deed Records of Denton CounLy, Texas; f THENCE North 001 13' 37" West along the West boundary line of said Fowler tract a distance of 373.85 feet to a point; THENCE North 00° 42' 25" West along the West boundary line of said Fowler tract a distance of 806.45 feet to a point for corner, said point being the Northwest corner of said tract; THENCE North 09° 29' 03" East along the North boundary line of said Fowler tract passing at 9S4.11 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 1261. 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 654 of the Deed Records of Denton County, Texas; THENCE North 00° 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 1,440.0 feet, a central angle of 220 00' 0011, and a chord bearing of North 10° 19' 44" East, 549.53 feet; THENCE Northeast along said curve an arc distance of 552,92 feet to a point; THENCE North 210 19' 44" East along the West boundary line of said Grimes tract a distance of 698.69 feet to a point for corner, said point being the northwest corner of said tract; A-38AJILLER OF TEMj M P 1 THENCE South 70° 46' 34" East along the North boundary line of said Grimes tract a distance of 250.0 feet to a point for corner, said point lying in the West 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 I Y~' Corps of Engineers Monument P-237-W; THENCE Southeasterly along the East boundary line of said Fulton tract, same being the West boundary line of Lake Lewisville, the following 8 courses and distances; (1) South 24° 35' 32" East, 1,164.14 feet to a U.&. Army Corps of Engineers Monument P-236-W; (2) North 79° 33' 36" East, 244.92 feet to a U.S. Army Corps of Engineers Monument P-23S-W; (3) South 53° O1' 38" East, 477.87 feet to a U.S. Army Corps of Engineers Monument P-234-W; (4) south 41° 03' 34" East, 385.97 feet to a U.S. Army Corps of Engineers Monument P-233-W; (5) South 410 32' 37" East, 3U2`615 feet to a U.S. Army Corps of Engineers Monument P-232-W; South 30° 25, 39" West, 359.62 feet to a U.S. Army Corps of Engineers Monument P-231-W; (7) South 51° 09' 25" 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' 47" West along 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 1510, Page 51 of the Deed Records of Denton County, Texas; THENCE South 910 06' 30" East along the East boundary line of said Higgins tract a distance of 76S.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' 42" East along the East line of the Hopkins tract a distance of 1,788.5E feet to a point for corner, said point being the Southeast corner of said tract; THENCE South 89° 05' 22" West along the South boundary line of said Hopkins tract passing the Northeast corner of the city limits as described in Ordinance 84-97, said point lying in the intersection of Swisher Road to the South and Pockrus Road to Pock usstRoad and a continung trance along 31S50a6S i feet limits to the and place of beginning and containing 301.80 acres of land. A-38/MILLER UP TEXAS eJNV AKR LEWIS.VILLIK !3' ` ' iXEDWARDS RD OENTON-S AIRY SHORES ACRE MENT NE OrdInm a 074-33 A uN 1074 i DENTON-CORINTH AGREEMENT LINE t • Acy aHORBB ROAD i Val. 525 Pg. 11 Fq O~ 1 Denton clay Umiti. OENTON CITY LIMITS and E.T*Jp Annexation Looatlon Map MUTROPLEX ■WOINNERINO CORPORATION c +nahL n"K°i ice' I of 4 by I LAKE L@W19VILL11 Lf•.~ I { ~ I LDIVARDS a AGREEM NT LINE Vol, 625, Pg. 441 *laso ~R! .:~'•;ry~ 'r I' :':A'y`?<~~'~'?'~.:SHAOY SHOii6g ROAO:t7:~' o Corinth City Limits CORINTH CITY LIMITS and E.T.J. Annexation Location Map IMNTROPLax ENGINEERING ~ CORPORATION r123 rat worrrN onv. ' D.NTON. r.MA1 769p9 2 of 4 0I7J.31C1. M. r no 4]6 M esa RECEIVED JAN ? 1 10R6 Y 1 l l LAKE LEVY161VILLI N I xib: i 'AGREEMENT LINE i Ordinance * 74-33 I I August 20, 1974 LDWARDS Rq. C4 I' I'• a w x 'ors v; o• Ln - - - - - - - - f, BHAOY BHOR6B ROAD ft"ta 9hsdy Shores City Limits SHADY SHORES CITY LIMITS and E.T.J. Annexation Location Map McTROPLEX ■NOINltRINO CORPORATION ,,.w FORT wann+ d.v. 3 0 4 p.NION, I.M&! "aCO 01so.a.+•+e rno•xr~eva RECEIVED JAN.1 l lgpg_ LArE LEWIBVILLim `FI kti & "i'~ "11•. , }•$#:tgi 3•~`t,~~~,'r, WY~7iair'd i rY L •r41 • I« AGREEMENT LINE Ordinance # 74-33 August 20, 1974 ~ Y+S{ .f4.} ,Cp} r 1--I 'may„•}~y.•~.~,lywll+~: AGREEMENT LINE rn Vol. 625, P 447 A } H •lr t}, ADV 9MI7 F189 ROAdf9; .I•r;;(t`•a• :r 4 ^Xt~Qr YIJ.jLY)CIRM\' {Y; ~r >,~y"4''H ;!Y ` oeriwon City Limits UtW Shady Shores City Llmitu RV Corinth City Limits COMPOSITE CITY LIMITS and E.T.J. Annexation Location Map METROPLUX ■NOINGBRINO CORPORATION 1183 FORT WORTH OAV§ JAN z 1 1986 i w v D , W t iP r YYU / 8 'F f ; VV ° ~ n o S i lop, - g _ A aocr~ c•~,~mnu+~ mot.. ~ r i f Q r~ QL^~~i.1S1?.,7'RbIlom w ~ A, f 1374L w No. l" AN ORDINANCE RESTRICTING THE PARKING OF VEHICLES ON THE EAST • SIDE OF CEDAR STREET FROM ITS INTERSECTION WITH PECAN STREET TO ITS INTERSECTION WITH MCKINNEY STREET FOR EMPLOYEE PARKI14G OOLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED Two HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE: DATE. I• I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. ' When signs are erected giving notice thereof, parking shall be limited to "Employee Parking Only" upon the following street in the City of Denton to-wit: The east side of Cedar Street from its intersection with Pecan Street to its intersection with McKinney Street. t SECTION II. The provisions of Section I restricting the parking of vehicles shall apply at all times to the street and part of I streets designated therein except when it is necessary to stop a vehicle to Avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION III. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($100.00). SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. P 1 SECTION V. That this ordinance shell become effective fourteen (14) days from the date of its passage, and the City Secretary is Y, ' hereby directed to cause the caption of this ordinance to be r 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 1996. CITY OF DENTON, TEXAS IC i i~ f ATTEST: S 1 i CHARLOTTE ALLEN CITY SECRETFLRT y CITY OF DENTON,,TEXAS i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS { i page 3 of 5 pages ITEM 04 EMPLOYEE PARKING ONLY - CEDAR STREET FROM PECAN TO MCKINNEY - EAST S1-9E Jerry Clark said a memo from Hugh Lynch, Chief of Police was enclosed with the agenda. Mr. Lynch was r requesting Cedar Street be restricted to employee parking only to accommodate his increasing police force. No parking space would be taken from any business. Parking would be changed from angle to parallel making the street a lot safer. Dan Martin asked how many parking spaces was there. Jerry Clark said they would be taking about 8 angle and 2 parallel and making approximately 5-6 parallel. Hugh Lynch came forward to speak in favor of the request. He said because of increases in the detective and patrol units, additional parking was needed. STAFF RECOMMENDED; Approval of request COMMISSIONERS; John Tompkins made a motion to approve the E request of restricting parking to the Police Department. Virginia Galiian seconded the motion. It passed unanimously. ITEM #5 UPDATE ON WALNUT STREET r Jerry Clark presented the case briefing the board on further developments. He said owners had been contacted the last couple of weeks and the staff received nothing but negative comments. The intent was to get all vehicles out of the street. People were double parking and blocking service vehicles. It obviously has been a problem for the Police Department. The situation has reduced the capacity of the downtown area. At sometime the problem would have to be ,addressed. f Jerry asked if the board wanted the staff to pursue changing the spaces to loading zones as previously discussed. Of 12 - 13 people contacted only one positive response was given. Some of the porches and decks behind the businesses are actually on city property. Dan Martin asked how the businesses were served by supply trucks? Jerry Clark said they were backing in from the street and sticking out into it. A lot of the people don't want to give up the parking. Their personnel use those spaces for private parking. Vivian Edwards asked how many spaces were in this area. Jerry Clark said 12-14 spaces. u 0 92' ip N Lt • O. o~ 136 134 so N W to - N ( I 40 O W - GF4 + A w A 140 a CEDAR °D 154' N e . ~ ss CSI • W m o rn N "d I~ A w ~ z , 140 62 to 4Ld so 0 Z NORTH ELM 14 .N~ 190 w to , M w n so 14 ~1 . N a sP - •p W ~ W A ~ A fig 1w w ~ ' , u1 1 94 NORTH U to 125TW1 $ ?I 64 26 1t0 .w , DATE: 04/01/86 r CITY COUNCIL REPORT FORMAT ' [ TO: ` Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager I SUBJECT: Ordinance, Z-1706 RECOMMENDATION: City Council approved Z-1706 with conditions at its February 19, 1985 meeting. i SUMMARY: The proposal includes single family, patio homes, estate homes, two family garden homes, neighborhood service, apartments, cluster homes, and a golf course on 131.761 acres. i BACKGROUND: The property is part of a 725 acre development located E on the southeastern edge of the City of Denton. Approxi- mately 27 percent of the total development is located within the City of Denton. I PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: No departments or programs are affected by tffe zoning at this time. i FISCAL IMPACT: No impact on the general fund can be determined at this time. 4LloRes fully submitted: i Harrel City Manager Prepared by: 9'(c r ~ le Carson Urban Planner :epF ve y i Director of Planning and Development I396L 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 11.31.76 ACRES OF LAND LOCATED ON THE EAST SIDE OF NOWLIN ROAD APPROXIMATELY 2,200 FEET SOUTH OF ROBINSON ROAD, AS IS MORE PARTICULARLY DESCRIBED 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 DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF • $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the zoning classification and use designation of the real property described in Exhibit "A", attached hereto and Incorporated herein by reference, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the 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 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 land for which r development is proposed, whether one or more, shall be submitted f` for approval in accordance with the provisions of Appendix B-Zoning of the Code of ordinances and the requirements of this ordinance. The comprehensive site plans required herein shall he 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, 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 Z- /70(o r } ► I applied to all signs; and such other information as inay be required by the department. . Any comprehensive site plan require) to be submitted 2 1 11' ! herein for approval for any parcel of land as shown on Exhibit E tal shale be i slig unitsc shown non Exhibitt eCacandgethen defined number dwelling land uses ds and requirements shown on Exhibits D•1 through D-g, said Exhibits being attached hereto and incorporated herein by reference. SECTIUN IV.. That the approval of the district as provided for herein I shall not, and is not intended to, be deemed approval of any particular land use in such district, but shall bCOylnsdtrued , as only to mean that those proposed land uses for the herein, may be considered as Qoss district at the tapkpmeoval thoreofen b ingsibasedanuQon srelevant therefore, the kimited uto: p the t me factors which may include, but not be the comprehensive esite tplandfor the tdistrictiniscsubmitted;dthe number of lli uses; the arrangementulandngdesign dof 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 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 amended etos showeYsuOchdichange Nin Ordinances of the istyhereby Denton, 69-1, as amended, District Classification and Use subject to the above conditions and specifications. i SECTION VI. That the City Council of the City of Denton, Texas, hereby the finds fora then purpose g ofiddsppromoting accordance with aweclofmapreehensive City othero things°nfor Texas, character rof sothe nabledicsotnriirdt aand foramits peculiar suitability or particular uses,roand w gt hua view to ecti man ives conserving the value of the buildings, uses of land for the and encouraging the most appropriate maximum benefit to the City of Denton, Texa:;, and its citizens. SECTION Vil. arson who shall violate a provision ffthei ordinance, of requirements or faiAnyls p to comply therewith or with any thereof, or of a permit or certificate issued thereunder, shall person exceeding be guilty of a misdemeanor punishable by a fine Each such be 1 lnOne Thousand Dollars ($1,000.00). d doomed guilty of a separate which offense for violationaof this eordinanc.e is portion thereof during ng Z-1706/PAGE 2 i P F 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 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 r 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, r MAYOR CITY OF DENTON, TEXAS 1 F j ATTEST: 1 i S CHARLOTTE ALLEN, CITY SMETWAY j CITY OF DENTON, TEXAS t APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY:_ L. YYl L~~~h j i f Z-1706/PAGE 3 L'xi I'~I "A" r FILLD NOTES BEING a tract of land situated in the Berry Merchant Surrey, Denton County, Texas, and being more particularly h dbstract Noy $00 llmst BEGINNING at an inner corner of said Berry Merchant Survey, said point betas the northwest corner of the A. H. Serren Survey, Abstract No. 1191, a point for corner; ' Survey THENCE 1272,31 to line a between the Merchant point for corner= THENCE S4'05'W and continuing along the dividing line between said Merchant Survey and Serren Survey, 903.88' to the most southerly southeast corner of said Merchant Survey, sago being the northeast corner of the B.B.A. 6 C.R.R. Co. Survey, Abstract No. 190, a point for corned THENCE NSS'39'W a1onit the dividing tine between the Barry Mar- chant Survey and the 8,8.3, 6 C.R.R, Co. Survey and passing the ' northwest corner of the B.8,B, 6 C.R.R. Cc, Survey at approximately 1600 and continuing at N85"39'W along the dividing line between the Merchant Survey and the C. Charon Survey, Abstract No. 298 for a total distance of 1760,23' to a point for corner= THENCE WOVE, 3319.61' to a point in the center of a county road, a point for corner= THENCE S86'41'E, 1561.11' to a voint for corner; THENCE S30074W, 1165.90' to a point for corner; THENCE S85'324E, 366.17' to the place of beginning and contain- , ins 131.761 acres of land. Z-1706 l;;~flIISIi' "IS" Z - 17 0 6 ToTPOrory 11 Club Howee, - l i i 1 a/ r~ Estate I• GOL 33 .46VASE } Homes Single Family ! Homes SINGLE s FAMILY 2.2 Ac / I Golf Club Arl i{ 1 ( f' r 4 .d PATIO HOMES l i \ 11.90 Ac, Cll Cluster Homes 49.20 Ac. f) ESTATE HOMES 14.20 Ac. Estate Homes e Apartments/ Condominums 11.9 Ae. s N.8. Ae. 0 FAMILY GARDEN HOMES To 6.70 Ac. / ,ownho ` 1 S .r.r. Z-1706 w....... EXHIBIT "C" 1 ~ Z-1706 !AND USE ACRES TOTAL UNITS r SINGLE FAMILY 2.20 6 PATIO HOMES 11.90 77 ESTATE HOMES 14.20 42 TWO FAMILY GARDEN HOMES 6.70 43 I NEIGHBORHOOD SERVICE 2.20 NA APARTMENTS 11.90 214 CLUSTER HOMES 49.20 295 GOLF COURSE 33.46 NA i i R 1 f 1 f i Z-1706 i lXHIAI'C "D-1" I I + AATME~/C~NDOMIN1UMS • DEPINITION: Multi-family, The stru o sixteen (16) ctures will range from two C units par building. units per building AEQ0I1REMENT9: • AtL Het ht Re %`~lrements: Two and one-half (2-1/2) stories In height, Area Re uirements; Pront yard Minimum twenty (20) feet, i f- de Yard - Minimum ten (10) feet. fifteen (15) feet shall be observed between building separation of j Yard adjacent to a street shall structures, A not be less than aide Rear Yard fifteen (15) feet. k - Minimum twenty (201 feet, i Lot Area - Minimum sixteen thousand (16,000) square Lot Width feet, Minimum ninety (90) feet, Lot Depth 'Minimum ninety (90) feet. Minimum Dwellfn Sl20 - The minimum floor area n shall be five hundred (500) square feet for of a units) and seven Y dwelling Unit f level hundred Elfty (750) square feet for Studios (two Lot Covera0a -yam - Maxfmur, fifty a rk in Re ul (50) percent by buildings and paving, P ementse A unit. minimum two (2) parking spaces Per dwelling n.sonrya Materials: All dwe11 constructed of masonry, stucco or of a glaa1s bung i aevent unldiitngs material rial be of used Eor outside wall construction, to thn extant of at r the lend usually Y-flue (75) percent of the area of the least f ' Residential Densit outside walls, : ! ( Denslt Maximum 24,0 dwelling units per acre, I ' 01100 Z-1706 , t EXHIBIT "D-2'' E~ E F ~ CLUSTER HOMES y DETINITION: Single family detached units. I RRQOIREMENTS: r Height Requirements: Two (2) stories in height. Area Requirements: • Front Yard - Minimum twenty-five (25) feet. Side Yard - Minimum five (5) feet. A side yard adjacent to a street shall not be less than ten (10) feet. Rear Yard - Minimum ten (10) feet. Lot Area - Four thousand five hundred (1,500) squire feet. Lot Width - Minimum fifty (50) feet. Lot Depth - 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. Parking Requirements: 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 useu for outside wall construction, to the extent of at least seventy-five (75) percent of the area of the outside walls. Residential Density: Density - Maximum 6.0 dwelling units per acre. 01100 2 Z-1706 I EXUBI1' "D-9" SINGLE PAMILY HOMES DEPINITION: x a Detached housing, i° REQUIREMENTS: Height Requirements: Mr°tmum two and one-half (2-1/2) stories in height, Area Regmirementa: Front Yard - Minimum twenty-file (25) feet. ' Side Yard - Minimum five (5) feet. A side yard adjacent to a ( street shall not be lees than fifteen 1151 feet. Rear Yard - Minimum twenty (20) feet. Lot Area - Minimum seven thousand seven hundred 17,700) 6auare feet, Lot Width - Minimum seventy 170) feet. I Lot Depth - Minimum one hundred ten (110) feet, I : Minimum Dwelling Size - The minimum floor area of any dwelling unit { shall be one thousand five hundred (1,500) square feet. t Lot Coverage - Maximum ~or:,y-five (45) percent by buildings, Parking Requirements: A minimum of two (2) off-street parking spaces shall be provided for each 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 DenaitvI Density - Maximum of 3.5 dwelling units per acre. 3 f 01100 3 L-1706 EXHIBIT "D-4" i PATIO NOMES DEFINITIONi Single family detached housing or zero lot line homes, REQUIREMENTS! Nei~ht Requtrementat Maximum two (2) stories in height. 1 Area Requirements; Front Yard - Minimum twenty (20) feet. Side yard - Side yard is required on one side of the lot, A minimum separation of ten (10) feet is required between structures. Rear Yard - Minimum ten (10) feet. r f Lot Area - Minimum three Lhouaand six hundred (3,600) square feet, Lot Width - Minimum forty (40) feet. r Lot Depth 111 - Minimum ninety (90) feet, ! ) Minimum bwe~ling size - The minimum floor area of any dwelling unit shall be one thousand two hundred fifty (1,250) square feet. I i Lot Coverage - ilaximum sixty-five (65) percent by but Idings, Parking Requirements; A minimum of two (2) off-street parking spaces shall be provided or each dwelling unit. I E 9uildin eriale: All dwelling units shall be constructed of iasonry, stucco, or f 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, f { residentia~tyt Density - Maximum of 6,5 dwelling units per acre, f i 01200 4 Z-1706 F' 4 ~I BXHIBI'i ''D-5" ESTATE HOMES ' WINITIONt Single family detached units. RI OUIREMENTS: Y Height Requirements: Maximum two and ode-half (2-1/2) stories in height. • Area Requirementst Front Yard - Minimum twenty-five (25) feet. bide Yard - Minimum seven and one-half (7-1/2) feet. A side yard a,ljacent to a street shall not be less than fifteen (15) feet. Rear Yard - Minimum twenty (20) feet. Lot Area - Minimum nine thousand six hundred 19,600) square feet. Lot Width - Minimum eighty (80) feet. Lot Depth - Minimum one hundred twenty (120) feet, Minimum Dwelling size - The minimum floor area of any dwelling unit shall be one thousand eight hundred (1,800) square feet. j Lot Coverage - Maximum forty (40) percent. 7 Parking Reguirementet A minimum of two (2) off-street parking spaces t shall be provided for each dwelling unit. Building Materialst All dwelling unite 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) portent of the area of the outside walls. 1 OIlOo Z-1706 b P r ~t 1 F EXHIBIT "D-6" TWO FAMILY GARDEN HOMES I ` DFFINITIONt K'; a Single family attached uni.a with party walls, two (2) units per building. REQUIREMENTSr r Height Requirements. Maximum two (2) stories in height. Area Reguirementar e Front Yard - Minimum twenty (201 feet. Side Yard - Side yard is required on one side of the lot. A i minimum separation of ten (10) feet is required between structures. Rear Yard - Minimum ten (10) feet. Lot Area - Minimum three thousand six hundred (3,600) square feet. Lot Width - Minimum forty (11) feet. Lot Depth - Minimum ninety (90) feet. i Minimum Dwelling Site - The minimum floor area of any dwelling unit shall be one thousand one hundred (1,100) square feet. i f.ot Coverage - Maximum sixty-five (65) percent. Parking Requirements; A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit. Building Materialcr All dwelling units shall be constructed of masonry, stucco, or of a glass building material of the kind usually used for ooteide wall construction, to the extent of at least seventy-five (75) percent of the area of the outside walls. 1 Residential Density } Density - Maximum of 6.5 dwelling units per acre. 1 O11Uo 6 Z-1706 ) EXHIBIT "D-7" NEIGHBORHOOD SHOPPING f DEFINITIONS • All uses permitted within neighborhood service district could be proposed A4' for use in this area. The following land uses may also be proposed; veterinarian (no outside runs), tank, household appliance sales, hardware sales and savings and loan. REQUIREMENTS: Height Requirements: Maximum two and one-half (2-1/2) stories in height. Area Requirementa: Front Yard - Minimum twenty-five (:5) feet. Side Yard - Minimum ten (10) feet. Rear Yard - Minimum ten (10) feet. Landscbaped Ccen Soace - Five (5) percent of the total lot area aha11 e maintained as landscaped open apace. ' Lot Covereae - Maximum fifty (50) percent by buildings. Sulidir.a Materials: The main building exteriors shall be constructed of glass, stone, brick, tiles, cement, concrete, exterior wood (maximum 1 + of 401) or similar materials, or any combination thereof. I ~ Pa_rkina Requirements: One (1) off-street parking space shall be ` provided for each two hundred (200) square feet of floor space used for retail trade. f f I r 1 i 1 I 01100 7 r Z-1716 r . M EXUBI1T I'D-0" i f } qi GOLF COURSE AND CLUB 1;, t • DEFINITION: Area is intended to accommodate all facilities and uses associated with r the proposed golf course and associated golf club. PERMITTED USES: e o Golf course facilities o Maintenance facilities + o Golf club facilities s o Private club 1 o Restaurant i c Ritneea center o Swimming facilities o Tennis facilities V o Parking facilities o Private and public roadways t o Accessory retail uses REQUIREMENTS: Haight Reauirementa: The maximum of two and one-half (2-1/2) stories. i Building Moterialss The main building exteriors shall be constructed of glass, atone, brick, tilea, cement, concrete, exterior wood (maximum of 401) or similar materials or any combination thereof. 1 01100 B Z-1706 April 1, 1986 CITY COUNCIL AGENDA ITEM 6,4-. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Resolution Regarding Protection of Water Supply Reservoirs. RECOMMENDATION The Public Utilities Board, at their meeting of March 19, 1916, recommended to the City Council approval of the Resolut on supporting the Policy Position on Protection of Water Supply F Reservoirs. I SUMMARY I ' The quality of water in many reservoirs in the region s threatened by unprecedented growth in their drainage areas, or watersheds. This growth is not coordinated by any regiona'. plan to protect water quality. If it continues in the current fashion, serious pollution of water supply reservoirs is likely within the next 15 years. Seven major water supply agencies have been working together, i through North Central Texas Council of Governments (NCTCOG), for the past year to cooperatively develop solutions to this r emer ingg roblem. The cities of Arlington, Dallas, Denton and Ft Wort the North Texas Municipal Water District, the Tarrant County Water Control and Improvement District No. 1, and the Trinity River Authority developed the Policy Position on Protection of Water Supply Reservoirs, which was endorsed by NCTCOG's Water Resources Council and adopted by the NCTCOG's Executive Board. f PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, City of Denton, Legal Department, City Council. FISCAL IMPACT Not known at this time. t 4223U:7 . Prepared by: Resp fully itteA: Howard Martin oy Harrello z y anaBer Environmental Services Adm. i Approved b R'. E. Nelson Director of Utilities EXHIBIT I Proposed Resole+ion f Minutes PUB Meeting of 3/19/86 1 s i r i ~ t 4223U:8 I 1373L R E S 0 L U T I 0 N ' WHEREAS, the quality of water in many reservoirs in the North Texas region '.s threatened by unprecedented growth in the drainage areas or watershed of such reservoirs; and WHEREAS, the North Central Texas Council of Governments is pledged to the protection of the region's drinking water supply reservoirs to ensure that water quality does not deteriorate as ' development occurs, and to attempt to improve the water quality h to the point of fullest public enjoyment of this crucial resource-clean water; and WHEREAS, the City of Denton has been workingg with the North Central Texas C,)until of Governments in an effort to protect drinking water; and WHEREAS, the Cities of Arlington, Dallas, Denton and Fort Worth, the North Texas Hunic..ipal Water District, the Tarrant County Water Control and Im,irovement District No. 1 and the Trinity River Authority have developed the Policy Position which was endorsed by NCTCOG's Water Resources Council and Adopted by NCTCUG's Executive Board; and WHEREAS, such policy position will serve to to guide future local activities, increase public awareness about %-ater quality problems, the development of cooperative watershed management plans involving all local governments within each reservoir watershed, designate regional agencies to manage wastewater r treatment and emphasize pollution prevention; and f! 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 water 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. Interjurisdictional watershed management plans should be prepared. 8. Illegal dumping and unpermitted landfill operations must ' be stopped. i 9. Comprehensive stormwater management programs that include control of significant nonpoint sources of pollution should be developed by cities and counties in reservoir water sheds. 1 10. Septic tanks should be used only in rural areas under strict loyal government regulation. J 11. A coordinated monitoring, analysis and reporting system • should be implemented for all reservoirs and their watersheds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. t That the City Council of the City of Denton is in full support of the 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 day of 1986. i ice.. CITY OF DENTON, MUS i i i 31 ATTEST: ~ I CHARLOTTE , CITY SECR AR7 ! CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 c F EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD March 190 1956 r 3e CONSIDER RESOLUTION REGARDING PRUTEC'PIUN OF WATER SUPPLX RESERVOIRS. Nelson explained that the purpose of this Resolution is to review environmental impacts around the watershed and to take corrective measures. He then let Howard Martin explain the item in detail. Martin explained the primary focus of the steering committee is to determine what the geographic scope of the study is to be. The secondary focus Baas to include the entire COG region. He stated the Committee had six areas of concern: le The need for public awareness of water quality concerns. 2. The need for a regional plan in coordinating the development of new wastewater treatment plants. 3. The multi-jurisdictional nature of the watershed. 4e The magnitude and the impact of ncn-point pollution sources. 5e The use of septic tank systems. 6. sThe ystemethatrindicatetwater quality trenand ds. Howard said that because of hese were oendoraednby the Steering Committee policy positions Water Resource Council and the North Texas Council of Governments Executive Board. The Steering Committee also endorsed production uc public awareness which was to focus on what the individual can do to control and protect water quality. The consequences of land fills located along rivers is a major concern. The quality of water in many reservoirs in tht region is threatened by unprecedented growth in their drainage areas, or watersheds. This growth is not coordinated by any regional plan to protect water quality, if it continues in the current fashion, serious pollution of water supply reservoirs is likely within the next 15 years, 4223U;15 Seven major water supply agencies have been cooperating through North Central Texas Council of Governments (NCTCOG), for the past year to develop solutions to this emerging problem. The cities of Arlington, Dallas, Denton and Ft Worth, the North 'T'exas Municipal Water District, the Tarrant County Water Control and Improvement District No. 1, and the Trinity River Authority developed the Policy Position on Protection of Water Supply Reservoirs, which t~ was endorsed by NCTCUG's Water Resources Council and adopted by the NCTCOG's Executive Board. Thompson made a motion to approve the Resolution stating the Policy Position for Protection of Water Supply Reservoirs, second by Coomes, all ayes, no nays, motion carried unanimously. f C e i I I i April 1, 1986 CITY COUNCIL AGENDA I'T'EM f H;r TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Resolution of Approval of Joint Study with Denton County Water Suppliers (Water for the Future Committee of Denton County), RECOMMENDATION The Public Utilities Board, at their meeting of March 19 1986, recommended co the City Council approval of participation in an engineering study for Denton County. SUMMARY/BACKGROUND A committee on Water for the Future of Denton County has been meeting monthly since November, 1985 to formulate a plan to provide water and wastewater services to many cities in developii;g areas of Denton County. The ' participants of the committee include Mayors, City Managers, or Utility Managers from Lewisville, Sanger, Colony, dighland Village, Punder, BartonvillP, Little Elm, Aubrey, Lake Cities Municipal Utility Authority, Flower Mound, Argyle, Dallas, and Denton. 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 status, future requirements, and possible alternatives. Although cities such as Dallas, Lewisville, and Denton have conducted studies for their systems, it is anticipated that some viable alternatives will emerge from this study by Denton's participation with neighboring communities. At the February meeting, the "Scope of Study" for the engineering study was approved. The present committee members plan to visit with their neighborin cities to encourage one hundrP;I percent county-wide participation in this study. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton Municipal Utilities, Denton County and Committee Participants 4223U:S FISCAL IMPACT The cost of the engineering study is anticipated to be approximately $200,000. Based on the proposed methodology of cost sharing, Denton's estimated cost will be between $11,000 and $12,000. d Prepared by: Resp tfully submitted• Howard Martin l/ * Environmental Services Adm. oy arre y anager I Water/Wastewater Division Approved by: I e on Director of Utilities EXHIBIT I SCOPE OF STUDY II Cost Sharing Methodology I III Minutes PUB Meeting of 3/19/86 I 1 t I i 4223U:6 i iu~iL R E S O L U T I O N WHEREAS, a "Water for has been organized the Future of Denton County Committee" to formulate a coord water and wastewater services inated plan to provide and; to the citizens of Denton County, WHEREAS, such Committee represents Denton ounty, and the cities of Denton, Dallas, Highland Village, Ponder, Bartonville11Littlen$erC' the Colony, Cities MuniciPal Utility Authority, Flower ;,loud' Aubrey, Lake i others, and; ' Argyle, and determining anheove sill twater%wastewater plan ithst se fIr step in engineering study to evaluate the present statucsond c tuaS requirements and possible alternatives; NOW, THEREFORE,' BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECT I, That the City Council of the City of Denton hereby supports this coordinated water/wastewater contribute to the joint funding of suchaen,nineerin g pledges to amount not to exceed $13,000 so long as such study Is conducted as a cooperative venture with and In a joint manner among the herein referenced participants Including Denton County, SECTION 1` That this resolution shall become effective immediately upon lta passage and approval. ' PASSED AND APPROVED this the day of April, 1986. f C ITa hTpN~TEXA~~~ i ATTEST; l CITY OF DENTON,~TEXAS S RE A i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i BY: ~ 1 i { ~rr ..r r DENTON COUNTY WATER. SERVICE STUDY k SCOPE OF WORK February 26, 1086 This project is to evaluate alternatives and to make recommendations for providing water to Denton County CLIn4nities and water supply entities needing future) wholesale service in the service area (normally defined as allnof Dentonthe County with exception of the area south and southwest of Denton Creek but subject to other minor inclusions) of the regional water supply system operated by the Cit Yr of Dallas. (MAP attached.) y 1. Consulting services required will relate to preparation of studies which will require..$ 1 * A study of the present and potential customer base and the potential water demands i, for the years 1986 through 2010 for all cities and water service entities in the service area. Demands shall be determined for average and peak day water demands and for normal and drought weather conditions, based on population projections, present and projected per capita consumption projections, land use projections (to be provided in interviews with municipalities and other and other relevant data to be identified in the Work Plan. Tovavo dnduplications) of effort and study expenses the demand study shall utilize existing data from water supply or demand studies conducted within the post five entities in the Denton County water service area. The Steerfnq Committteeyoffthee Water for the Future Committee for Denton County shall approve the use of all studies proposed to be accepted as a basis for conclusions in this study. The study shall be for the following groups of customers. ..municipalities .customers residfng outside the corporate boundaries of mUnfCipalities served by public or private water service entities i ..others not presently served by an organized water entity who may have significant water needs during the 1986-2010 period * Identification and evaluation of the service areas and the capability of municipal and other water service entities presently operating within the Denton County area to supply present and future customer demands, * Determine and provide a preliminary analysis of the alternatives in terms of potential water purveyor organizational structures which might provide water service. Some specific alternatives to be included in determinations are; .,Raw water service from Dallas to other entities which could provide treated water service to customers in the service area. ..Partnership arrangement between cities to construct a treatment plant for benefit of the contracting parties. ..Creation of an entity such as a Water District to be sponsored and established by the customers having a need for water service. ..Enlargement of service area of existing Cities (Denton and Lewisville) which already have water treatment plants in Denton County, ' .Service to be provided by an established water or wastewater service entity which may or may not presently provide service in the Denton County service area (Dallas, Trinity River Authority, etc.), y The preliminary analysis for the area where the City of Denton has adopted a proposed service area shall be considered the primary supply alternative against which other feasible service alternatives shall be evaluated. (Prelim- inary map attached.) * Provide cost analysis and further recommendations for the.primar entity structures ( '`l Y y uctures approved by the Steering Committee as being most feasible for. further analysis. * Cost analysis should include recommended system requirements and time-phasing each service alternative to includeo but not limited to, treatment plants, pumping E facilities, storn;L facilities* transmission and distribution mains. Ir• * Determine the availability of established wastewater collection and treatment facilities for customers within the water service area in association with the entity providing water service. * Provide alternatives and recommendations concerning provision for wastewater transmission and treatment service where such services are not available to those requesting water service. * Evaluate feasibility of alternative water sources (other than Dallas' water supply reservoirs). It. The following reports should,be used for background Information and are in file in the Planning Division of Dallas Mater Utilities in Room US of Dallas City Hall. * Long Range Water Demand Forecasts Dallas Mater Utilities Service Area - CH2M Hill, August 1984 * Analysis of Water Service Area - Peat Marwich and Mitchell, May 1980 * Report on Feasibility Study for Aubrey (Ray Roberts) Lake - URS Company, 1917 * Report on Lang Range Mater Supply Study to meet Requirements to the year 2050 for the City of Dallas, Texas, URS Company, March 1975 t * Mater Supply Study for City of %m tnri - Freese and Nichols, June 1982 * Mater Supply Study for City of Lewisville - Shimek, Jacobs and Finklea, 1982 (revised 1985) * Mater Service Area Questionnaire, Dallas Water Utilities, April 1985 * Conditions of Service for Treated Mater Mhilesale Customers, City of Dallas. January 1985 * Other system studies may be added (such as Flower Mound, Highland Village, 8artonville Mater Supply Company, Argyle. Colony M.U.D., Carrollton), III. The consultant shall conduct interviews with MUMIQipal offflafals and staff, ~q nal governmental agencies, utility operators in the area anal ethers who may canlribu~e data for the study and incorporate relevant data from those iE,tervtews into the study, IV6 The time to be allowed for completion of the study shall be as agreed in the Mork Plan of the concern selected to conduct the study, Y• As a minimums the consultant shall prepare 25 copies of and Coweittee. Present the preliminary study for review by the -Steering Committee and staff designated by the Steering and respond tolStNrtn~ vCommftteehco cernsiandyanyreca~i~etndatiort=nsultent shall receive of the final report. prior to preparation Based on Bork Plan recommendations a "Mork Paper" or "Status Paper ma submittal of the preliminary report. y precede Yt. The consultant shall provide 200 copies of the final report. Additional copies shall be made available at a cost to be determined at the time of order. " The Consultant shall turn over all data, photographs, ma C of assumptions and all other information ealculaLions, summary ffcation, or explanation of any item mentipeertinlnttto the f" erThisatio"tnIdenti- shall be submitted in an orderly manner in three-ring binders complete with index, dividers, fold-outs, maps, etc. and separated into logical sections. The Consultant may retain a copy of all material. # The final report shall contain an Executive Summary and shall include recommend ` concerning: ation~ ..summary of the water supply needi ..alternative service pia~s considered .rank the top alternatiYes, Identifying advantages and disadvantages .schedules for design and construction ..plan implementation ..potential funding source(s) E I~ I f 4 F WA'TER SERVICE AREA MY. ~i....~ ONE \ - I ~ j NO p O too". Mile fau~wr 0 Ilrlrl w low i w Tall r1r0 4 "Now" ~MII M ~ a „n o I . /e 111 0 + `wood'."~'" 111 r 111 11111 • t 11 ~fIM r.rr«r.~.r•r 1~ o 1 e 1 A0 j ~1«O w w« «"SI o 111111 M r•rrrh•.r•~r r. .r.r r. r..+•~•rrrr~« Ott,, fume Y Q MMIi1M 11111111 IMIIW 'w Ni1N IN1 lrlr / fw /IIM r 0 0 o Ifly~ r..r.rJ WAMA 1111111 ~IbR } IIIIRI » f/ mm III 0 ',11'11 re ff old e 11111/1 11{111 i.. . fJti11111 11//11• ~ 111f1 /rn/~ w ~ No yll/r WM aiiiiiiii IIJMNMI{ MBA ' it • ~/!~1 1 r , 1 CITY OF DENTON POTENTIAL WATER SERVICE AREA I ~ I 1 IM 1 .11, ;1 MIu6 , , ~`►•rl,t, h , it r ~ 1 , I Sill 1 ~T4 - 1 'fi,.t,~ ;'•Nd'; Ly_~ ,.~•nr ~T . pit two 0 1 10 IM'••w • AL 1111 rl• 't •1 I 1 1 ' 1 \i ILP _fA ' IIIR• I ' F I 1 1 ' . L Z ,r I 'I ~ s r ~ ~ 1~I ;,106811% DENTON PROPOSED SERVICE AREA AREA INCLUDED IN DENTON SERVICE AREA STUDY - NOT IN PROPOSED SERVICE AREA Y CONSULTANT QUESTIONNAIRE Please provide answers to the following; 1. Briefly describe yorjr firm's work experience on projects similar to the one described in the scope-of-work. Please include project location and client with name, address, and telephone of key contact. 2. Briefly describe your firm's resources and capabilities, including location, size, and staffing of local office. I 3• Provide qualifications of personnel who would subcontractors if appropriate). perform the work (including i 4, Mould your firm be in a position to commit sufficient resources to a project Pon request by the Commissioners Court? r 1 6. Mould you have to hire additional personnel -in order to complete this project in a timely manner? If so, identify the type of personnel (Engineers, Technicians, oraftsmen, etc.) and the number of each type$ r 6, Provide a list of any similar projects that your firm has performed for entities in the State of Texas in the last three (3) years, (Note Department for which work was performed and key contact.) I 7. Describe your firm's history of using Minority Business Enterprises and Women Business Enterprises, B. Briefly describe your firm's general approach to this type of project. g. On what key factor would you rate your firm's performance on this type of project? I0. Provide any additional information you would like the Commissioners Court to be aware of which would have a direct bearing on your qualifications to perform this work, NOTE: Please submit fl" (S) sets of your Statement of Qualification and response F to the Questionnaire. i C k L 46 COD CC n'T DRAFT ' ,.~A~E~iT OF INT REST L TIER DENTON COUNTY COMMISSIONERS COURT The Denton County Commissioners Court is Commencing the process of selecting a consulting firm to conduct a water service study for Denton County (with some minor area exclusions), The Scope of Work for the proposed study is attached for your review and consideration. i Members of the consultant study team should ba exrerienced in projects of 1 similar size or larger. 7n addition, the selectad firm must office within either Denton, Tarrant or Dallas County, Please respond within two (2)-weeks from the date of this letter if ~ your firm is interested and qualified for this commission, All responses will be reviewed i by a selection committee who will compile a short list for consideration and possible interview. Those firms will be asked to provide additional detailed f information prior to the interview which will become a part of the evaluation ' process, Letters of Interest are to be directed to: l Lee Walker Commissioner, Precinct 3 Joseph A, Carroll Courts Building 401 West Hickory Denton, Texas 76201 Should you have any questions, please contact Mr, Bob Nelson, Director of Utilities. City of Denton, (817)434.2520 or Mr. Joe Holmes, Manager of Wholesale Services, City of Dallas, (214)610.5886, ! Sincerely, f 1 CONSULTING ENGINEERS MATER SERVIrrAlm ! SAND STUDIES Bernard Johnson Incorporated Graham Associates. Incorporated ' 7800 Stemmons Freeway, 0730 3010 LBJ Freeway, Suite 300 Dallas, Texas 75247 Dallas,, Texas 75234 (214) 631-7200 (214) 241-4600 ' Black and Veatch Albert H. Haiff Associates, Incorporates 5728 LBJ Freeway, Suite 300 8616 Northwest Plaza Drive Dallas, Texas 75240 Dallas, Texas 75225 (214) 770-1500 (214) 739-0094 I • Brown and Caldwell Henningson, Durham and Richardson 5787 S. Hampton, Suite 400 12700 Hillcrest Road Gallas, Texas 75232 Dallas, Texas 75230 (214) 330-4855 (214) 980-0001 CH2M Hill Lockwood, Andrews and Newman. Incorporat 5339 Alpha Road, Suite 300 2710 Stemmons Freeway, 01200 Dallas, Texas 75240 Dallas, Texas 75207 (214) 980-2170 (214) 630-1414 Camp Dresser and McKee, Incorporated Rady and Associates, Incorporated 8800 N, Central, Suite 400 910 Collier Street ` D411as, Texas 75231 Fort Worth, Texas 76102 f` (214) 987-1900 (817) 335-6511 ` Dannenbsum Engineering Corporation Riewe and Wischmeyer, Incorporated r 1545 W. Mockingbird, #3000 11355 McCree Road Dallas, Texas 75235 Dallas, Texas 75238 (214) 638-0145 (214) 348-3255 Espey Huston and Associates, Incorporated Shimek Jacobs and Finklea 333 West Campbell Road 8333 Douglas Avenue, #820 Richardson, Texas 75080 Dallas, Texas 75225 h (214) 669.9600 (214) 361-7900 Freese and Nichols, Incorporated Turner, Collie and,Braden, incorporated all Lamar Street 3010 LBJ Freeway, 01100 r Fort Worth, Texas 76102 Dallas, Texas 75234 (817) 336-7161 (214) 247-9651 i i r I I DENTON COUNTY WATER MEETING February 110 1986 r f { 1. Carroltou 250000 50000 250 i 2. Highland Village (30000) 29000 300 F 3. Colony (12,000) 4,000 1,200 4. Colony MUAD 10000 k. 5. Lewisville 301000 50000 3,000 6. Dallas 10,000 74 Denton County 8. Ponder 19000 1100 100 91 Bartonville WSP 105UU 10000 150 r 10 Bartonville City 10000 11. LCMUA b,000 39000 600 12. Argyle 3,000 2,000 300 13. Flower Mound 30000 20000 30U 14. Sanger 4,000 20000 400 15. Bolivar 20000 29000 200 164 Denton 609000 5,0OU 60000 17. Aubrey 20000 2,000 200 144 Mustang 10000 20000 100 ► 19. Black Rock Water'Supply 1,000 10000 100 20. Double Oak 11000 1 000 100 'total $41:0OU $1'M i ' i I Dallas $35,000 Denton County r 909/180.UU 90 000 ( $16~ Next meeting 26th.', Get proposal to Leal Walker. I Population Fee 0. 11000 $1,000 + 104/person 1,000- 59000 20000 50000-10,000 39000 100000-250000 4,000 25,UU0-or more 5,000 180,000 - 50j/person $90,000 41890 I E E EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD March 19, 1986 7. _CONSIDER RESOLUTION OF APPROVAL OF JOINT STUDY WITH DENTON COUNTY WATER SUPPLIERS - (WATER FOR THE FUTURE COMMITTEE OF DENTON COUNTY). I HV Nelson explained that Denton and Lewisville are the only ! sources for treated wate~ in Denton Councy and that our participation in this joint study is recommended. Smaller communities are presently on well water and they are encouraged to find a surface supplier. A committee on Water for the Future of Denton County has I been meeting monthly since November, .1985 to formulate a plan to provide water and wastewater services to many cities in developing areas of Denton County. The participants of the committee include Mayors, City 1 Managers, or Utility Managers from Lewisville, Sanger, t Colony, Highland Village, Ponder, Bartonville, Little Elm, Aubrey, Lake Cities Municipal Utility Authority, Flower Mound, Argyle, Dallas, and Denton. 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 status, future re.iuirements, and possible alternatives. Although cities such as Dallas, Lewisville, and Denton have conducted studies for their systems, it is anticipated that some viable alternatives will emerge from this study by Denton's f participation with neighboring communities. i At the February meeting, the "Scope of Study" for the I engineering study was approved. The present committee 1 members plan to visit with their neighboring cities to encourage one hundred percent county-wide participation in this study. The cost of the engineering study is anticipated to be approximately $200,000. Based on the proposed methodology 1 of cost sharing, Denton's estimated cost will be between $11,000 and $12,000. Coomes motioned, Thompson second, to adopt the resolution approving Utility Department participation in the proposed study for water supply not to exceed $130000, and contingent upon participation in a reasonable way by Denton County. In the event that Denton County chooses not to participate in this proposed study, then this item must come back to the Board to be reconsidered before being recommended to the City Council. 42230:17 1397L U R E S_0 L U T I 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 needed; 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 I 1 WHEREAS, the City Council of the City of Denton wishes to express support for the concepts set forth in the preliminary j countywide transportation plan; NOW, THEREFORE, ` BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1_ 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. 1 i That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986. I MAYOR CITY OF DENTON, TEXAS ATTEST: f C 0 ALLEN, CITY SECRETARY CI1Y OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~ttQQ21~. I 6 P LLOYD HARRELL, DENTON LEE WALKER R'JTY TANSEY PRECINCT 3 PRECINCT 1 (817) 464.7410 (817) 3132.4508 i rum COURT SPREC N`CT 4R ~ SANDY JACOBS OENTON PRECINCT 2 (817) 482.3413 (214) 438.3721 13UDDY COLE, JUDGE I Y` 401 W. HICKORY (817) 565.8585 MAR 1 i DENTON COUNTY COMMISSIONERS COURT 8UIL01!10 212 W. SYCAMORE. DENTO N. TEXAS 76201 19171363.6399 or 18171 383.849 MEMORANDUM f 10. COMMITTEET CITYSORER CITIESO &TTOWNS PLAN STEERING FROM; DENTON COUNTY COMMISSIONERS COURT DATE: MARCH 10, 1986 RE: DENTON COUNTY TRANSPORTATION PLAN & PUBLIC HEARING THE DENTON COUNTY TRANSPORTATION &FTTHHOROUGHFARE PLAN HAS BEEN DEVELOPED MUNICI- TO THE STAGE OF PALITIES IN DENTON COUNTY. YOUR COPY HAS BEEN FORWARDED TO RIPK SVEHLA, ASSISTANT CITY MANAGER FOR SHARING WITH YOUR MUNICIPALITY S ELECTED OFFICIALS AND APPROPRIATE STAFF FOR REVIEW. PLEASE REVIEW THE DOCUMENT WITH YOUR REPRESENTATIVE. COUNCIL AND STAFF AND PROVIDE WRITTEN COMMENT TO THE COMMISSIONERS COURT PRIOR TO THE PUBLIC HEARING. A LETTER OR RESOLUTION OF SUPPORT FOR THE PLAN, IN TOTAL OR CONCEPT, FROM YOUR COUNCIL WOULD BE AN APPROPRIATE WRITTEN RESPONSE. ENCLOSED IS A SAMPLE OF A RESOLUTION FOR YOUR CONSIDER- ATION. PLEASE SEND YOUR WRITTEN COMMENTS TO THE COMMISSIONERS COURT TO STREET, DENTON, TX S COURT. NOTE THE ATTENTION FFBARBARA 212 R W. BOWMAN, SYCAMORE AIDE TO OF THE NEW ADDRESS IN E UBLIC HEARING HA BEEN SET OF DENTONSCIVIC CENTER RAT 3210E. MCKINNEY STREET. DENTONp TEXAS. YOUR INPUT HAS BEEN CRITICAL IN DEVELOPING THE PLAN TO THIS POINT AND YOUR CONTINUED SUPPORT AND INVOLVEMENT ARE ESSENTIAL IN SUCCESSFULLY IMPLEMENTING A PLAN OF THIS TYPE IN DENTON COUNTY. THE COURT ACKNOW- LEDGES AND APPRECIATES YOUR COOPERATION. PLEASE PLAN TO ATTENT THE PUBLIC HEARING ON MAY 29. THE COURT LOOKS FORWARD TO RECEIVING YOUR INPUT REGARDING THE PRELIMINARY PLAN. !F YOU HAVE ANY QUESTIONS ABOUT THE PLAN OR THE PUBLIC HEARING PLEASE CONTACT ANY MEMBER OF THE COMMISSIONERS COURT. THE COURT LOOKS FORWARD TO YOUR SUPPORT AND CONTINUED PARTICIPATION. SI RELY YOURS, BUDDY COLE COUNTY JUDGE CC/BB CC/COURT TRANSPORTATION PLAN STEERING COMMITTEE 1J65L R E S O L U T I O N I WHEREAS, on Saturday, June 21, 19860 the merchants and professionals located within the Central Business District of Denton are sponsoring a "County Seat Saturday", a Sesquicentennial e, celebration to be held on the 100 Block of North Elm Street, 100 Block of Went Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square"; and WHEREAS, all abutting merchants and professionals surrounding ` the area have given their permission to the temporary closing of said streets; and ' WHEREAS, County Seat Saturday is 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 protect eDensafety of ton deems itiisnnecessary eto~temthe City porarily Cclose lthe 100 the City of North Elm Street, 100 Block of West Oak Street, lUO Block of North Locust Street and 100 Block of West Hickory Street, compris- ing the "Courthouse Square", from the hours of 6:00 A.M. until ' 8:00 P.M. on June 21, 1986; NOW, THEREFORE, d BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That 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", 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 the City for normal traffic activity immediately from and after 8:00 P.M. on June 21, 1986. SECTION 111, 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 day of April, 1986. MAYOK CITY OF DENTON, TEXAS ATTEST: I HARLOTTE ALLEN, CI SEI:RETAWLY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF D~E~NTOONN,,TEXAS BY: STATE OF TEXAS CITY OF DENTON TO THE HONORABLE CITY COUNCILi WHEREAS, this the Texas Sesquicentennial year to celebrate 150 years of heritage and tradition; and,bePn set WHEREAS, the Central Business District (that area of the City of Denton located within the boundaries of Carroll Boulevard, Packway, Bell Avenue, and. Sycamore Streets) was once the social and E commercial center of Denton County= and, continue 1to.serve merchants an currently, tri'ct, w,iah to commemorate the spirit and tradition of sit historic pastf and, .:-.'WHEREAS, since 1894, the "Court Square" area was transform- ed. each Saturday from the seat of county government into the Social gathering place for its citizens; THEREFORE, wa, the undersigned of.the•Central Business District, wish to petition for the sanction and support of the City Council of the City of Denton to close those streets comprising the "Courthouse Square" (100 Block of North Elm, 100 Block of West Oak, 100 Block of North Locust, 100 Block of West Hickory), momrreiimmm Vhe %N 64 t.o':'all,'vebhiculax traffic from. 6r00 a,mi., until 8'rOU p.m, onp Saturday,,,, "June.rLt. L9g'6v,. iii ozdar„ to-.provide 'a safe and historic location.for {'COU•NTT SE•AV SATURDAY " a Sesquicentennial' celebration of this time-- honored tradition- of our city's. past. NAME BUSINESS/ORGANIZATION ' ADDRESS I r~ y X14 v~/' y 1 41, K~ . I•r ~J i. `/N a.\ { St• n IM 5 !.W4, np~ ` f 4~1 '~Cj"".. 'l~(~11~(,~/~tl'S' `L~•' `'r~ r^'j f; r I rl' I /w •'~~l¢r ~I .~j,.R: 'J 7i , a, s~ . 1 ,.J.~/ •!s ~ u'r t'Sty ° ' ' ' 41 I r PETITION - "COUNTY SEAT SATURDAY" Page " NAME BUSINESS/O~iRGANIZATION/ ADDRESS G,~ y..!! Pi °1.M~4./ r1 1~. ~ !~/f~ • (/(f:2.Cc Bic.. ,~~-Y.~.,a.~t~~`,~,'~ i_~,~ _ r,~ d`-'7 Ll Ilk 1 ~ ~ f f} y I ~:rV / ~ ~ 4~V~f~•.'~G A .Sy ! O~_i•~~- L1(/Kj~ i r~, L`~C/ - / {'f/ /(-/t .lN /vJ 1.rlv'. ••I it - e / r~ f ~'y7 ,fir r 111x1 . , r.' 'flA it. 4L e , y . P 1 d r. Yr- / t L /0~ v 5~l' ?o- obeL a z c~z, w r PETITION,'- "COUNTY SEAT SATURDAY" Page NAME BUSINESS/ORGANIZATION ADDRESS n' Ci~ it c4/L'hil I j2h 1 44~ S few r.. i 055 l •w f, r } ✓ a~ Yn ~ v q -ham n.., ~ i ♦L " ~ii ~y , 9 y ~I~{14 rf4 Mr r ,''M . ~ • r~~' t 4 1.. 1 r 7L .'.tl llr loll{.t r '1 ~'x~s`~S.:y' ,~..~.1 /1 / ',y~7.Z f 11 ..`'1~r( rAy r } ..h t "((1 .y Ny. ,L ~yyw ~JY~k r/yf4211 t V ~ L 1'" ► r y'' t qtr .r !Sf{ fi. ~r~'(73`. ^M ~fw! tt r~+ 't}r. r t V.r, 11 : '}t'r It t r ~,1 t'='r t ti~["f lW ~',t .,.-V,~l ~ 4 n 4 t ~ •1. 1381E R E S O L U T I O N WHEREAS, on Saturday, June 21, 1986 and Sunday, June 22, 1986, the Greater Denton Arts Council is sponsoring a Sesqui- centennial Arts and Crafts Fair on Hickory Street from the east ` side of Bell Avenue to the east side of the Railroad tracts; and t WHEk.'.6, all abutting property owners of the street have Y given their permission to the temporary closing of said street:. e. and If WHEREAS, the Sesquicentennial Arts and Crafts Fair is open to the general public of of the City and County of Denton; 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 10:00 a.m. to 7:00 p.m.; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: II SECTION I. That Hickory Street from the east side of Bell Avenue to the east hide of the Railroad tracts shall be temporarily closed as a street or public thoroughfare of any kind or character what- ever on 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 10:00 a.m. to 7:00 p.m. for the purpose of holding the Sesquicentennial Arts and Crafts Fair. i SECTION II. i 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, . 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 day of 1986. MAYOR CITY OF DENTON, TEXAS ATTEST: CITY SECRETARY nARLO ALLEN, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADM I DRAYOVITCH, CITY ATTORNEY CITY OF DENTO., TEXAS 1 BY: P February 27, 1986 Tht Greater Denton Arts Council respectfully requests the Denton City CounelI to grant permisslon to close Hickory Street from the east side of Bell Avenue to the east side of the Railroad tracks Saturday, June 21 from 10 A,M, to 8 P. M, and Sunday, June 22 from 10 A,M, to 7 P.M, We are requesting this In order to provide safety for visitors to our SosqulcsntennlaI Arts and Crafts Fe ir. The Greater Denton Arts Council wl11 Join the celebration of Touas first one hundred fifty years* "Texas Legacies" Is a protect with many componenets and many diversified Interests. The Council has planned a two-day arts and crafts fair Saturday June 21 and Sunday June 22, Joining the "Texas LogacLes Fair" Is "County Seat Saturday", a historical reflection coordinated by the Denton Courthouse Square Museum and the merchants on the Denton County Square. Fair - goers can stroll down Hickory Street, through a sidewalk art show to enjoy both the events or utilize the shuttle bus service. In the Canter for the Visual Arts will be local craftsmen artlsts, an outstanding exhlbition of flue art, as well as lecture/demometations. Thsro will be splnning, weaving, pottery, quilting and candle-making. Highlighting the craft demonstrations will be two Indian craftswomen from the Alabama- Couchatts tribe In Livingston, Tx, Adel Williams and Rose Thompson will make beadwork and long leaf pine needle baskets. There will also be refreshments such as Texas barbeque and ontertalnmont by fiddlers and square dancers, The local quloters will display their handiwork from the 27 foot walls of Fes+Ivai Hell and stitch a friendship quilt with falrgosrs names, The quilt wlII be pros~rved in the archives to display 150 years from now, As a proceeding and contlnuing part of the SesquscintennlaI extravaganza, the Arts Counoll proudly presents the work of outstonding contemporary Amer team orilsts who have IIved end wsrked in Denton. Opening June 10 and elosing July 10, works from OtNall Ford, Carlotta Copren, Oyorgy Kepes, Carlos Merlds, Octavio Medellln, James Prestlnl, Roselle Fulton, Mike Cunninghem, Demlon, and Martho Robbins will be among those on display. The Canter for the Visual Arts bullding to a fine example of an adaptive use of an essontlolly utilitarian structure of the Iate 201s, The Arts Cantor opened In April of 1983. Formerly the bullding was a city werehouso and machine shop. Carefully renovated to refloct the origlme I Industrial use and southwestern faced* style with Its Spanish Colon let Revivel detalling, the renovation project was the first sanctioned by the Denton Sesquecentennlal Committee, The property occupants In the 100 block of East Hickory includest Greater Denton Arts Council Representotlvel Mary L. I hem, Exeoutlve Dlroctor Stevols Barbarque Reprssentatlves / Ste Logan, 0 Horpool Seed Inc, Repr09antatIve Tom rpo0 l, Prosldont k P ~Y CITY COUNCIL REPOR'T' FORMAT TO: Mayor and Members of the City Council ~ r FROM: Lloyd Harrell, City Manager ' SUBJECT: Resolution to amend the Airport Lease Agreement of Mr. Jay Rodgers and Mr. Bruce Brown RECOMMENDATION: r It is the recormendation of the Airport Board to approve the amendment to the airport lease agreement of April 2, 1985 by and between the City of Denton and Mr. Jay Rogers and Mr. Bruce Brown which adjusts the lease property boundries and provides for a roadway easement. t I SUMMARY s The layout of the Rogers and Brown lease was established prior to the construction of a drainage ditch on the north end of the airport. Upon completion of construction it was found that a portion of the lease property Vas located in the ditch, This amendment defines new lease boundries which removes the property from the ditch and provides for a 25 foot roadway easement adjacent to the property. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: j! This amendment should not effect any other department or group. 1 ` FISCAL IMPACT: There will be no cost to the General Fund. i P epared pT, . Reapec oily Submitted Clint ynch f Airport Manager Approved bys Lloyd Harrell City Manager I Bill Ange o I 1401L R E S O L U T I O N WHERE,%S, certain real property upon the Oenton 6lunicipal e. Airport was leased to Jay D. Rodgers and Bruce Brown, a Texas partnership, by lea;e agreement dated April 2, 1985; and WHEREAS, the City of Denton and the lessees desire to amend the lease agreement to remove the eastern boundary of the leasea 1 property from a drainage ditch and to identify a roadway f! easement adjacent to and east of the leased premises; and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the proposed airport lease amendment; and I WHEREAS, the City Council of the City of Denton, Texas, i believes it to be in the interest of effitcient airport operations to approve such lease ame~idment; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: ! SECTION 1. The attached amendment to the airport lease agreement between the City of Denton and Jay D. Rodgers and Bruce Brown j dated April 2, 1985 and also attached hereto, is hereby approved. SECTION II, 1 The Mayor is hereby authorized to execute the attached lease amendmant on behalf of the City and the Cit; Secretary Is hereby directed to affix this resolution, with the executed lease amendment attached, to the original airport lease agreement dated April 2, 1985, Inscribing on the original agreement the fact it has been amended and the effective date of such amendment. I ! SECTION III. r That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986. I R L CITY OF DENTON, TEXAS ATTEST: CHARLOTTE A CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS/ ~ BY: b(~ ~.l /e1 (~-.1 i THE STATE OF TEXAS S r, AMENDMENT TO AIRPORT LEASE AGREEMENT COUNTY OF DFNTON BETWEEN THE CITY OF DENTON AND JAY D. RODGERS AND BRUCE BROWN WHEREAS, certain real property upon the Denton Municipal Airport was leased to Jay D. Rodgers and Bruce Brown, a Texas partnership, by lease agreement dated April 2, 1985; and r WHEREAS, the City of Denton and the lessees desire to amend the lease agreement to remove the eastern boundary of the Ieasn.i property from a drainage ditch and to identify a roadway easement adjacent to and east of the leased premises; now, therefore, WITNESSETH: The City of Denton, Texas, hereinafter referred to as "Lessor" and Jay D. Rodgers and Bruce Brown, a Texas partnership, hereinafter referred to as "Lessee", for and in consideration of the rents, covenants and conditions contained herein, do hereby mutually agree that the airport agreement between Lessor and Lessee dated April 2, 1985, is hereby amended C as follows: 1 Paragraph A, LAND, of Section II, LEASED PREMISES, is amended to read as fo13ows: ! A. LAND: A tract of land, being approximately 164,390 square feet, or 3,774 acres, drawn and outlined on Attachment A2, incorporated herein by reference, having the following metes and bounds: SEE ATTACHMENTS B1, Cl and DI incorporated herein by reference, ATTACHMENT El, also incorporated herein by reference, depicts Tract 2B as revised by this lease amendment relocating the eastern boundary thoreof to remove the leased premises from a drainage ditch and identifying a roadway easement adjacent to and east of the premises leased herein. Together with the right of ingress and egress to said property; and the right, in common with others so authorized, of passage upon the Airport property generally, subject to reason- able regulations by the City of Denton; and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For the purposes of this Agreoment, the term "Premises" shall mean all property located within the metes and bounds described above including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. The leased premises have been divided into three (3) tracts: Tracts 1 and 2A being designated as Phase I, consisting of 95,660 square feet or 2.196 acres, and Tract 2B (Revised) being designated as Phase II and consisting of 68,730 square feet or 1.578 acres, all as more ' specifically described in Attachments Al, B1, Cl, D1 and E1, incorporated herein by reference. 2. Paragraph A, LAND RENTAL, of Section IV, PAYMENTS, RENTALS AND FEES, is am-gn e~to read as follows: A. LAND RENTAL: Prior to the approval of Lessee's plans and specifications for the initial leasehold improvements on Phase I of the leased f premises ("initial Phase I improvements"), either as submitted or with revisions, in accordance with the provisions of Article ` VIII A(1) "Initial Plans" hereof, rental shall be due in monthly I installments in the sum of One Hundred Dollars ($100.00) in advance on the first day of each month until Phase I plans are approved. Upon the approval of plans for initial. Phase I improvements, rent shall immediately begin to accrue at the higher rate specified below. Rent at the higher rate shall be prorated based upon the number of days remaining in the month in which plans were approved. Such prorated rental shall be due within ten (10) days of the approval of plans. Prorated rental month. Dollars ($100.00) shall b rental previously paid e£o~nthatHundred monthly re After approval of the plans for Lessee's initial Phase I improvements, but before approval of the plan for inn the lsumase II improvements, rental shall be due and payable Six Thousand Six Hundred Ninety-Six and 20/100 Dollars ($6,696.20) per year, payable in twelve (12) equal monthly installments in the sum of Five Hundred Fifty-eight and 02/100 Dollars ($558.02), in advance, on or before the first IIy are each and every month until such time as plans approved. Upon approval of the plans for initial Phase II improvements, additional rental shall be due and payable in the sum of Four Thousand Eight Hundred tEleven (1 and ) le qua 0/100 monthly ($4,811.10) per year, payable installments in the sum of Four Hundred and 93/100 Dollars Five H twelve and total 30/100 annual D Dollars ($11t ,507.30) Eleven pyableu in Hundred 3 Seven for t AMENDMENT TO AIRPORT LEASE AGREEMENT--JAY D. RODGERS AND BRUCE BROWN/PAGE 2 (12) equal monthly installments of Nine Hundred Fifty-eight and 94/100 Dollars ($958.94). Notwithstanding the foregoing, the lease rental is to be reduced by the product of seven cents ($0.07) per square foot times the number of square feet comprising all easements established in accordance with Article II(c). 3. Paragraph C, PAYMENT PENALTY ADJUSTMENTS, of Section IV, PAYMENTS RENTALS AN FEES is hereby amended 'y inserting the March, Consumer Price Index (CPI-U) of 335.6 in the blank provided for that purpose, IN WITNESS WHEREOF, the parties have executed this airport lease amendment this day of _ , 1986. PASSED AND APPROVED this the day of , 1986. CITY OF DENTON, TEXAS, LESSOR BY: RICHARD W R , MAYOR I I ATTEST: CHARLOTTE ALLEN, IT 9ECRETARY CITY OF DENTON, TEXAS I APPROVED AS TO LEGAL FORM: DEBRA AJAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY JAY D. RODGERS, LESSEE AMENDMENT TO AIRPORT LEASE AGREEMENT--JAY D. RODGERS AND BRUCE BROWN/PAGE 3 r ` BRUCE BRO N, LESSEE Y THE STATE OF TEXAS S COUNTY OF DENTON S Subscribed and sworn to before me this day of 1985 by Jay D. Rodgers. NOTARY PUBLIC, STATE 6F TEXAS My Commission expires: I t THE STATE OF TEXAS S COUNTY OF DENTON S Subscribed and suorn to before me this day of 1985 by Bruce Brown. ROTA , STATE OF TEXAS My Commission expires; AMENDMENT TO AIRPORT LEASE AGREEMENT--JAY D. RODGERS AND BRUCE BROWN/PAGE 4 ATTACHMENT "Al" TO CITY OF DENT014 AIRPORT LEASE AMEIMMENT WITH JAY D. RODGER S AND BRUCE BROWN, EXECUTED ON 1986. ' [AST 290.0)' ~e V N i N Tr. 1 p O 1AGS Ac. 0 X0.7 yo 59 PL N \✓9`)`~ ii II] I- N F • 100, Tr. L u~ 2 B Tr. -T . ~ lr. s t,5 7 r Ac. Q ' y 1 - af3o , -,i nt y O Tr. N U G 3 SIC), Z A N 7.031 Ac. 0 JI 5 as eto It Tr. 2•A P. O.B. API .rr~°PL ~'0~ ,A P.O.B. t, s I o V F , t %so, • ~9 X13 0 I D. ~ n x a' RA j Tnlt it lltn CON tt 117 r1/rt/toll 1h4 rt luilt el pn en. lit . eleana ewr meat oo~atrr r allet• s I ien and to plrruiOn On ~~nutfY 11, t7e~. 3* } SEE ATTACHED METES AND BOUNDS DESCRIPTION. 001 Wilirom M Colem/n, N P ko SURVEY SKETCH SHOWING i2 Fsa 8s Delt TWO LEASE TRACTS pr c DENTON AIRPARK DENTON COUNTY, TEXAS WN, M, CDL[MAN DATE I - 21 -'s.% P R C P A A C D e l DRAWN IT +ea COLEMAN d ASSOCIATE: 001 sec D I" 1 SURVEYING . P.O. Box 606 zlz• a=ee sle.:S.85 0ENT0N, TEXAS 76202 DRAWINO: 86488 91 7 • 565 • 0215 LEASE TRACT 1 All that certain tract or parcel of land Texan and being a part of situated in Denton County, described as followse the Denton Airport more Particularly COMMENCING at an iron rod set at a turn in a gravel road f an1940.8 d being North 37 Degrees 08 Minutes 00 Seconds hest a distance 0 and NanchewcotrnCoerrnein the South line of F,M, 1513 at the cognized N ortes from a r of the t ract described in the Deed to P.F. Breen recorded in volume 127 page 183 of the Deed Records ' of Denton County,Taxasi the said iron rod being 750 feet from, measured perpendicular to, the centerline of the main runway] THENCE North 750 feat from and parallel with the said centerline, a distance of 280.0 feet to the PLACE OF BEGINNING and being the Senthwest Corner of the herein described tract) THENCE North continuing 750 feet from and parallel with the said centerline a distance of 290 feet to an iron rod set for the North- west Corner of the herein described tract) THENCE East a distance of 175,0 feat to a point for the Northeast Corner of the herein described tract; THENCE South 925 feet from and parallel with the centerline of the said runway a distance-of 290.0 feet to a Corner of the herein described tract) point for the Southeast THENCE West a distance of 175.0 feet to the PLACE OF BEGINNING and enclosing 1.165 acres (50,750 scuare feet) of land. These Field Notes, with accompanying sketch, were prepared from a survey made on the ground under my direction and supervision. E William N. Colertian R.P.S. No. 4001 ~ Date i I I ATTACMIENT "B1" TO CITY OF DENTON AIRPORT LEASE AMENDMENT WITH JAY D. RODGERS AND BRUCE BROWN, EXECUTED ON 1986. " t" P LEASE TRACT 2 A All that certain tract or parcel of land situated in Denton County, Texas and being a part of the Denton Airport more described as fOlleWal Particularly BEGINNING for the Southwest Corner of the tract being described ' a herein, at an iron rod set at a turn an being North 37 Degrees 08 Minutes OOSecondainaatgaadistance ofd1940.8 feat from a fence corner in the South line of F.M. 1515 at the recognized Northwest Corner of the tract described in the Deed from P,F. Dreen recorded in volume 127 Dage 183 of the Deed Records of Denton Countv, Texas, the said iron rod being 750 feet from, measured perpendicular to,the centerline of the main runwayr THENCE North 750 feet from am parallel with the said centerlLns a distance of 280,0 feet to a point for the Northwest Corner of the herein described tract THENCE East a distance of 175.0 feet to a point for the Northeast Corner of the herein described tract) THENCE South 925 feet from and parallel with the centerline of said runway a distance of 233.25 feet to a point for the Southeast Corner of the herein described tract and being in the West line of the said road 25 feet Northerly from the occupied centerline thereof THENCE South 75 Degrees 02 Minutes 30 Seconds West with the West line of the said road a distance of 181.14 feet to the PLACE OF BEGINNING and enclosing 1.031 acres ( 44,910 square feet ) of land, These Field Notes, with accompanying sketch, were prepared f survey made on the ground under my direction and supervtstonrom a i Wm. M, Coleman R.P.S. No. 4001 ~ Date f ATTACHMENT "Cl" TO CITY OF DENTON AIRPORT LEASE A14ENDMENT WITH JAY D. RODGERS AND BRUCE BROWN, EXECUTED ON 1986, r t , P r Lorin Tract 2 If ( Revised ) All. that contain tracL or pa1-r'01 of 1Aod >i1.ua Lnd in UmrLon County, rCSaS and being a part. of tho aroma +lirport crow parl.iculacly described as follows: at an iron trod sot at Lurn in a gravel roarl and bein0 North 37 Dnr;roe!t 03 'mout'on; 00 .4ea-otvk 6atrl. i dist::Wico of 1960.4 feat from a fence corner in the South line of 1'. t1. I;l5 at. Lhw recol•,ni/od Nni-11111est Corncr oC the tract described in l:hr 0ood to 1'. P. Nr,ten tenm.ded in lrolume 127 Page 183 of the D(1od llerOrdli of !)Caton County, '1'QSaGt the said iron rod being 750 feet from, r reasured pet•prndicul I) to, the coLp.I:liIle "1' !:loo wain runway; THENCE North 75 Ilegrccs 02 Ni.n+.ltcs 30 Secnnd!: 1;ast with the Nest line of said road a dist:ancn or 181.16 feet: to the ITAC1, of IW(LLNNINC, -id being the Southwest Corner of telr horein described L.raCL; HENCE North 925 feet from and par:allcl with the runway contorline a distance of 523.25 feet to an lron rod set for the NouLlrwest. Cornor of the herein described tract I TIIENCC fast a distance of 30.68 I'cet to an irnn vorl set for Lhe Northeast Cornor of the herein described tract; THENCE South 24 Degreos 00 tfinutes 45 Seconds Iia.rL a distance of 503.97 feet to an iron rod set for the Southoast Cornor of the herein described tract, in the West I line Of 010 .,girl gravel road, LS feet Norlherl;; from the occupied centerline therof; 7 THENCE South 75 Degrees 02 Plinutes 30 ;ceOWIS Unlit With the hest line of the said load a distance of 243.99 fret to the VLACIt OF 111:0I0ING and enclosing 1.573 acres ( 69,730.7 square I'ect ) of ]and. Those Field Notes, with nccorripanying sketch, trorr:t prepared from a survav made on i the grormd nnrlor my Alrection and :;upervi.sinn, f so .40, Killian N. Coleman C.P.S, tin, (11ol_ bate ~S .................fw WM. M. COLEMAN 4001 f Jobllt 85762 5U ATTACHMENT "DI" TO CITY OF DENTON AIRPORT LEASE AMENDMENT WITH 'AY D. RODGERS A14D BRUCE BROWN, EXECUTED ON 1906, ATTACHIIENT "E1" TO i ZTY OF DENTON E AIRPORT LEASE AMENDMENT WITH JAY D. !l1 RODGERS AND BRUCE BROWN DATED 1986. Fn +r game \ ` 44 95 \ 373 Ac I \ z.c VA; \V, r L ' 1 45 ~ v I V \ 1 r, 578 C y 6ro s, ,t . V~. \C \ i I \ N ~ ~ 9 P.0 Ln .8~ a J~ en , 111 r..1 'C'Ifi 111 Cpl {tena . r,.ull, pl Cn pn. Illq"CVn~ lurrl ]~f un~Hr m, ],IfUtr ora wcel., ,•n pr ~rol al, leas SEE ATTACHED METES AND BOUNDS DE SC P I P T I O N M a. V 'r gem to r t 5 4p A4J. Jd ,er• 9a s lp SKETCH SHOWING TRACT 28 REVISED DENTON AIRPARK OF,,'\It {"DENTON COUNTY TEXAS r W M. M, C O l C A, O A t E P- t R R C PAR (D by ter..,,...,.... r.ryrr. DRAWN AY M 0 W 4001 COLEMAN & ASSOCIAtE B~Rp.~~~.aljb 1CAl( SURVEY'NO CBU Y sEO ;~T P, 0 BOX 686 DE NT 0N,TEXAS 76202 oR AwINp. es'yVL 917• X66. 9215 P 1039L F AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS, s This lease is made and executed this 1985, at Denton, Texas day of by 9nd between the City of f Denton, a Municipal Corporation, hereinafter referred to as "Lessor", and Jay D. Rodgers and Bruce Brown, a Texas Partnership, having its principal offices at 900 Austin Street, Dunton, Texas, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain airport and construct and maintain an aircraft hangarsand related ed aviation facilities thereon; and NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties and the follows: parties agree as I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. Pripciples`Gparations The right to conduct aeronautical activities for furnishing services to the public is granted the Lessee subject to Lessee agreeing: 1. To furnish said services on a fair ual unjustly discriminatory basis to all useraethereof;~dandot 2. To charge fair, reasonable and not unjustly discrimina- lessee mayabeoallowedutot make service- o and enondiscrime inatory discounts, rebates, or other similar types of price reductions to volume purchasers, PAGE 1 B. Non-Discrimination The Lessee, for himself, his personal representatives, r ' successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, • or national origin shell be excluded from participation f inis,cr dimniiednati tohe i nbnenethefitusseof,of or be otherwise subjected to d said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation ` in, denied the benefits of, or otherwise be subjected to llf discrimination; 3. The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Trans- portation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the D epartment of Transportation-Effectual of Title VI of the ivil Rights Act of 1964, and as said Regulations may C be amended, C That in the event of breach of any of the above non- r discriminatory covenants, Lessor shall have the right to terminate the Lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Leese had never been made or issued. This provision does not become effective until the procedures of 49 CFR Pert 21 are followed and completed 1 including expiration of appeal rights. i C. Right of Individuals to Maintain Aircraft It is clearly understood by the Lessee that no right or privilege has bean granted which would operate to prevent any person, first or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. Non-Excluaive Riaht It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an PAGE 2 r ~ r r er.clusive right within the meaning of ` Section 1349 of Title 43, v ' U.S.C.A. E. Public Areas I. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. i 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together ~itr the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if 1 such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hazr+ra to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and tk. United States or agency thereof, relative to the operation or maintenance of the. Airport. II. LEASED PREMISES Lessor, for and in considerations of the covenants and agree- ments herein contained, tc be kept by Lessee, does hereby demise PACE 3 and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas: A. LAND: A tract of land, being approximately 180,640 square feet, or 4.147 acres, drawn and outlined on Attachment A, incorporated herein by reference, having the following metes and bounds: SEE ATTACHMENTS 8, C and D incorporated herein by reference. Together with the right of ingress and egress to said pro- party; and the right, in common with others so authorized, of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton; and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For the purposes of this Agreement, the term "Premises" shall mean all property located within the metes and bounds described at,ove including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or con- trolled by the Lessor. The leased premises have been divided into three (3) tracts: Tracts 1 and 2A being designated as Pha,e I, consisting of 95,660 square feet or 2.196 acres, and Tract 28 being designated as Phase II and consisting of 84,980 square feet or 1.95 4 acres, all as more specifically described in Attachments A, B, C and D, incorporated herein by reference. B. IMPROVEMENTS PROVIDED BY LESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article II D "Access to Utilities" below. Il For the purpose of this agreement, the term "Lessor improve- ments" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhances I 1 or increases, or will enhance or increase, the value or quality of l the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improvements must be described in detail above, or above PAGE 4 t i I L referenced and attached to this agreement in an exhibit approved by the Lessor. r C. EASEMENTS • Lessor and Lessee by mutual agreement may establish on the F leased premises easements for public access on roads and taxiways. D. ACCESS TO UTILITIES Lessor represents that there are water, and 3-phase elec- tricity lines within three hundred feet (300') of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. III. TERM The term Of this Agreement shall be for a period of twenty-five (2S) years, commencing on the Ist day of May, 1985, and continuing through the 30th day of April, 2010, unless earlier terminated under the provisions of the Agreement. Lessee shall have the first right of refusal to renegotiate this lease for three (3) additional five year periods at rentals and terms mutually agreed upon by the Lessor and Lessee without regard for or considering the then cost of living index. Lessee's election to renegotiate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the primary term of twenty-five (25) years and at least 180 days before the expiration of each additional renegotiated period. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the Airport. Lessee's first right of refusal to renegotiate this lease shall expire upon the end of the last day of the primary term of twenty-five (25) years and the last day of each additional renegotiated period. IV. PAYMENTS, RENTALS AND FEES Leases convenants and agrees to pay to Lessor, as consider- ation for this lease, the following payments, rentals and fees: A. LAND RENTAL Prior to the approval of Lessee's plans and specifications PACE 5 for the initial Ieasehold improvements on Phase leased I of the premises ("initial Phase I improvements"), either as f`[ e submitted or ` with revisions, in accordance with the provisions of Article VIII A(1) "Initial Plans" hereof, rental shall be due in monthly install- f ments in the sum of One Hundred Dollars ($100.00) in advance on the Iw first day of each month until Phase I plans are approved. Upon the approval of plans for, initial Phase I improvements, rent shall im- mediately begin to accrue at the higher rate specified below. Rent at the higher rate shall be prorated based upon the number of days remaining in the month in which plans were approved. Such prorated rental shall be due within ten (10) days of the approval of plans. Prorated rental shall be in addition to the One Hundred Dollars ($100.00) monthly rental previously paid for that month. After approval of the plans for Lessee's initial Phase I improvements, but before approval of the plans for initial Phase II improvements, rental shall be due and payable in the sum of Six Thousand Six Hundred Ninety-Six and 20/100 Dollars ($6,696.20 per year, payable in twelve (12) equal monthly installments in the sum of Five Hundred Fifty-Eight and 02/100 Dollars ($558.02), in advance, on or before the first day of each and every month until such time as plans for Phase II are approved. Upon approval of the plans for initial Phase II improvements, additional rental shalt be due and payable in the sum of five Thousand Nine Hundred Forty-Eight and 60/100 Dollars ($5,948.60) per year, payable in twelve (12) equal monthly installments in the sum of Four Hundred Ninety-Five and 72/100 Dollars ($495.72), for a total annual payment of Twelve Thousand Six Hundred Forty-`our and 80/100 Dollars ($12,644.80) pay- able in twelve (12) equal monthly installments of One Thousand Fifty-three and 74/100 Dollars ($1,053.74). Notwithstanding the foregoing, the lease rental is to be reduced by the product of seven cents ($.07) per square foot times the number of square feet com- prising all easements established in accordance with Article II(c). PAGE 6 B. LESSOR IMPROVEMENTS RENTALS r NONE: There are no Lessor improvements on the leased premises. C. PAYMENT, PENALTY ADJUSTMENTS: All payments due Lessor from Lasses shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than 15 days past due shall be assessed a penalty of one-half (1/2) of one percent per day, compounded daily, for oach day or fraction thereof which the payment or fee is more than 15 days past due. The yearly rental for land and improvements herein leased shall be readjusted at the and of each five (5) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index, All Urban Consumer ` (CPI-U) for Dallas/Fort Worth, Texas, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the March, 1985 index which wa.s 33 S•(V (1967 ■ 100). The original land rental amount (after approval of Phase II improvement plans) is based upon sevan cents ($.07) per square foot for the land herein leased. However, in no event shall any of three adjustment increases or decreases exceed fifty percent (50x) of the original rental, in the case of the first adjustment, or the previous adjustment, in the case of subsequent adjustments, each time. i These four (4) rental adjustments, if any, shall occur on the following dates: May 1, 1990 May 1, 2000 May 1, 1995 May 1, 2005 V. RIGHTS AND OBLIGATIONS OF LESSEE A. USE OF LEASED PREMISES Les.es is granted the non-exclusive privilege to engage in or provide the following: PAGE 7 T e of upon thehalnars R and 1 Ian a -Lars spa a anntre alTatThede 'facilities Lea h premises. v. 2. Office S ace Lease or Rental. The rental or lease of ` o ce space n ore o n ng asses s hangars. l 3. Aircraft 5tora a and Tie Down. To provide parking, storage an t s own serv ce, for both Lessee's and Y itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized r to conduct any services not specifically Usted in this agree- ment. The use of the lease premises of Lesaee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the pre- mises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B. STANDARDS Losses shall meet or exceed the following standards: 1. Address. Losses shall file with the Airport Manager and an h emergencyer(s) pcontacts Vi'current wheits re he mailing can be adress, reached in telephone and 2• List. Re©p current a list lof file with the its tenants andisublesseeaa Manager and 3. Conduct. Leases shall contractually require its amp oyers and aublessees (and sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce its contractual rights in the event of a default of such covenants. 4. Utilities Taesend nFconnection with the use of the expenses an payments Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessment& lawfully levied or assessed. 5. Laws. Lessee shall comply with all current and future conregulations templated, which state to and the local conduct laws, f brules usiness and which may apply including rules, regulations and ordinances prO168Cginea post by Lessor, and Lessee shall keep in effect and prominent place all necessary and/or required licenses or permits. PAGE 8 6. Maintenance of Proper. Lessee shall be responsible for the ma ntenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean r ' and in respectable condition, free from any objectionable matter or thing. 7. Unauthorized use of remises. Lessee may not use any of the ease an or prom aes for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 8. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased promises nor may the lessen, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 9. Quit Possession. Lessee shall quit possession of all prem ses ease herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reason- able wear and tear excepted. 10. Hold Harmless. Lessee shall indemnify and hold harmless the Lessor from and against all loss and damages, i including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises. ' 11. Chemicals. Lessee agrees to properly store, collect and app ose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and ` Federal regulations governing the storage, handling or disposal of such chemicals and paints. D. SIGNS During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease Premises f siga9 identifying lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor on the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwith- standing any other provision of this agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its i PAGE 9 k ' expense, all letteeing, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. F VI. COVENANTS BY LESSOR I Lessor hereby agrees as follows: • A. Peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and agreements on the part rsf Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy i the leased premises and all rights and privileges herein granted; B. Compliance. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the and that Lease, will not be legally liable for any action of trespass or similar cause of action by virtue of any serial operations over adjoining propert/ in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of dame, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions: A. Runways and Taxiways. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and PACE 10 taxiing, to aircraft having an actual weight, including the weight ' of its fuel, of sixty thousand (60,000) pounds or less, until such • time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is r further agreed that, based on qualified engineering studies, the I• weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such i changes or revisions as such studies may dictate. "Aeronautical f Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers i and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent dis- regard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and I subject the Lessee to be liable for any damages to the Airport Y that might result. VIII. LEASEHOLD IMPROVEMENTS A. REQUIRED IMPROVEMENTS: As part of Cite consideration for the privilege herein granted, Lessee is required to and hereby agrees to construct or otherwise make improvements to the premises, as specified herein, but not iim£tea to, the following; 1. Three aircraft hangarm not less than 50 X 60 feet in size ("initial Phase I improvements"). 2. Related aircraft ramps and taxiways. 3. Related vehicle roadways (gravel). Lessee shall provide Lessor with tentative plans for the development of the entire premises herein leased together with a tentative time table or schedule for said development. Should said development not occur within the specific time limits mutually agreed upon by and between Lessor and Lessee, Lessor shall have to option to cancel the lease on all non-developed PAGE 11 r r portions of said lease after a thirty (30) day written notice to tF Lessee to cure such a default, 1. Initians. Lessee agrees that it shall, within .,inety (90) calendar days from the date of this Agreement, submit to the Lessor, for approval, detailed plans and specifications for the above listed initial Phase I proposed leasehold improvements. Lessor agrees that It shall either approve the plans and specifica- tions as submitted, or transmit proposed revisions to Lessee, within forty-five (45) calendar days of receipt of the plans and specifi- cations from Lessee. In the event that Lessor requires revisions of the original plans and specifications, Lessee shall have forty- five (45) calendar days from the date of receipt of the proposed revisions to resubmit the plans and specifications for Lessor's approval. Such approval shall not be withheld unreasonably. Con- struction shall commence within one hundred-eignty (180) calendar days of Lessee's receipt of Lessor's final approval of the plans s and specifications, and shall be scheduled for completion not later than three hundred-sixty (360) calendar days after commencement of construction. 2. Phase II Plans. Lessee agrees that it shall, within three hundred-sixty (360) calendar days from the date of this Agreement, I submit to the Lessor, for approval, detailed plans and specifica- tions for the initial Phase II proposed leasehold improvements. C Lessor agrees that it shall either approve the plans and specifica- tions as submitted, or transmit proposed revisions to Lessee, within c forty-five (45) calendar days of receipt of the plans and specifi- cations from Lessee. In the event that Lessor requires revisions of the original plans and specifications, Lessee shall have forty- five (45) calendar days from the date of receipt of the proposed revisions to resubmit the plans and specifications for Lessor's approval. Such approval shall not be withheld unreasonably. Con- struction shall commence within ninety (90) calendar days of PAGE 12 f Lessee's eceipt of Lessor's final approval of the plans and speci- fications, and shall be scheduled for completion not later than three hundred sixty (360) calendar clays after commencement of construction. 9. ADDITIONAL REQUIREMENTS: s Before commencing the construction of any improvements upon th^ premises, Lessee shell submit; 1. Documentation, specifications, or design work, to be approved by the Lessor which shall establish that the improvements to be buHt or conatructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure, of the program established by the Lessor on the Airport. 2. All planr. and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction, and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as taxi- ways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease i filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. C. ADDITIONAL CONSTRUCTION OR IMPROMENTS: Lessee is hereby authorized to construct upon the land ' herein leased, at its own cost and expense, buildings, hangars, PAGE 13 I Yy and structures, that Lessor and Lessee mutually agree are neces- sary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications as specified in Article VII (B) above. • D. OWNERSHIP OF IMPROVEMENTS: All buildings and mprovements constructed upon the premises by Lessee shall remain the property of Lessee untiees said property becomes the property of Lessor under the following conditions, terms and provisions: 1. Removal of Buildin s. No building or permanent fixture may be remove rom the premises. f 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of I the primary term, or any extension thereof, of this ` lease shall automatically become the property of Lessor f absolutely in fee without any coat to Lessor. [ 3. Building Life. It is agreed that the life of the r ub ildinng rode constructed byy Lessee on the property herein leased is twenty-five (25) years. ' 4. Cancellation. Should this lease be cancelled for any k reason e the and of the twenty-five (25) year term, ` it is so ecialiy understood avid agreed that Lessor 1 reserves the right to purchase all buildings, structures fF and improvements then existing upon the premises by tenderingg to Lessee one-twenty-fifth (1/25) of the undepreciated value of such building for each year remaining on the agreed life cf such building. The I undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. IX. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lends money to Leases for construction of ary hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee' obligations to said mortgagee, have the right to enter upon said ! leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, ! for a period not to exceed the term of the mortgage with Lessee, PACE 14 or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease. It is expressly understood and agreed that the right of the mortgagee referred to + • herein is limited and restricted to those improvements constructed F with funds borrowed from mortgagee, X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of pro- viding underground utility services to, from or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premisee and Lessor shall restore the property to its original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such constructions. Construction in or at the easement shall be completed within a reasonable time. XI, ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10X) of the interest in its business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for ` any purpose, except for rental of hangar space or tie-down space, f without, the written consent of Lessor. Lessor agrees that It will r not unreasonably withhold its approval of such sale, sublease, I transfer, license, or assignment of the facilities for airport f related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess ' of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transfered, licensed, or otherwise. The pro- visions of this lease shalt remain binding upon the asaignees, if any, of Lessee. PAGE 15 r I . { XII. INSURANCE A. -Required Insurance. Lessee shall maintain continuously in r effect at all times during the term of this agreement, at Lessee's ' expense, the following insurance coverages: 1. Comprehensive General Liability covering the leased premises, the Lessee or its company, its personnel and its operations on the airport. i 2. Aircraft Lability to cover all flight operations of lessee. 3. Liability coverage for errors and ommissions on the part of the Lessee or its officials. ` 4. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the lessee subsequent to this agreement. I 5. Liability insurance limits shall be in the following minimum amounts: Personal injury: 500,000 per person/ 1,000,000 per occurrence Property damage: 2,000,000 per occurrence. 6. All policies shall name the City of Denton as an additional named insur.u and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. 7. All policies must be approved by the Lessor. t 8. The Lessor shall be provided with a copy of all such policies. XIII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in I bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of tiny Federal reorganization act, or Lessee shall be divested of its estai:e herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or PAGE 16 default shall continue for thirty (30) days after the receipt of 1 such notice by Lessee, then Lessor may, terminate this Lease by a r' ` written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph D (Cancellation) hereof. h• XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by i thirty (30) days written notice, upon or after the happening of any one of the following events. (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the uae of said airport or any part thereof for airport purposes; (2) the breech by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of E Lessor or due to war, earthquake or other casualty; or (4) the asa; -:ion or recapture by the United States Government or any authorized agency thereof the maintenance and operation of said I airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased preemises cannot be used for aviation purposes, then Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. f PAGE 17 1 f 1 P ► + XV. MISCELLANEOUS PROVISIONS A. Entire Axreement. This Agreement constitutes the entire . understanding between the parties and as of its effective date supersedes all prior or independant Agreements between the parties f covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. ► B. Binding Effect. All the covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. Severability. if a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; bu:: the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. r D. Notice. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage i and registration fees prepaid: 1. If to Lessor, addressed to. City Manager City of Denton Denton, Texas 76201 2. If to Lasses, addressed to: Mr. Jay D. Rodgers Mr. Bruce Brown Rt. 3, Box 600 Rt. 3 Roanoke, Texas 76262 Roanoke, Texas 76262 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. E. Headings. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. Governing Law. This Agreement is to be construed in accordance with the laws of the State of Texas. PAGE 18 IN WITNESS WHEREOF, thn parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR I BY: r. , ATTEST: ' CITY OF DENTON,'.EXAS r DEBRAVADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: r i 1 THE STATE OF TEXAS § COUNTY OF DENTON § Th a instrument was acknowledged before me on the Lk2_$I da of , 1985 by Jay R. Rodgers, y My Commission expires: ,Iy ` y THE STATE OF TEXAS § COUNTY OF DENTON § of !a instrument was acknowledged before me on the , 1985 by Bruce Brown. day My Commission expires: PAGE 19 Ar T-ACNSIENT 'A' TO CtTf 0 DENTON A" BBUCEEBROWN EXECUTED ON OOGEBS 1983, I EAST z5o.o' l`~ eo f7S0' 75.0 A ~ 0 C t N c, 0 Tr. 1 '0 3 I.IC,S Ac. ' f. Q so.-rso oy. Ft 'N af' f N N I . 100' 6 ' ul 1 '7 5 . p' WEST T 1.9St Ac. 1 Q 84.980 J1„ F1 'O N ~ T so' 0 2 A FT 0 1.0'51 Aa. J N N 44.910 ~ F! ,prMriO p. A9 i.1sk Z•3p.. yJ. i .p A~ a m\ c S \ 0, od °o .F 1L~ l S' O Q. 0 8 DSO' I'~C / A r ^ace• 1111 Ile, eareell rer,160.16 IA• Iruur6 el I 4~ ~ .A1 r~~ ~ei rJj'"0 19"•l elree. 1 'Q'V SEE ATTACHED METES AND BOUNDS W11111■ w. teu.e6, e,p s N-" , j001 DESCRIPTION, SURVEY SKETCH SHOWING °ij TWO LEASE TRACTS ®R DENTON AIRPARK DENTON COUNTY, TEXAS OAT[ I 2 1 . ' j O e A W M e T' 8 ell 1 A R 0 ° Y seALe t ,loo' COLEMAN A ASSOCIATES I'Irrsre. 11 SURVEYtNO !1 sl P. 0. 60x 66 6 a!l4tld DENTON, TEXAS 76202 OR AM IIe°- et 7 s6a•exls A r R 1 !.EASE TRACT l r All that certain tract or parcel of land situated in Denton County, Texas and being a part of the Denton Airport mote particularly described as foll,>wsi COMMENCING at an iron rod set at a turn in a j gravel road and being North 37 i,earees 08 Minutes 00 Seconds Hest a distance of 1940.8 feet frog, a fence corner in the South line of F.M. 1515 at the recoltnized Northwest Corner of the tract described in the Dead to P.F. Breen recorded in volume 127 page 183 of the Deed Records of Denton County,Texas; the said iron rod being 750 feet from, measured perpendicular to, the centerline of the main runway; THENCE North 750 feet from and parallel with the said centerline, a distance of 280.0 feet to the PLACE OF BEGINNING and being the Sn+ithwest Corner of the heroin described tract; r THENCE North continuing 750 feet from and parallel with the said centerline a distance of 290 feet to an iron rod set for the North- west Corner of the heroin described tract; THENCE East a distance of 175.0 feet to a point for the Northeast Corner of the herein described tract; THENCE South 925 feet from and parallel with the centarline of the said runway a distance of 290.0 feet to a point for the Southeast Corner of the herein !ascribed tract; THENCE Neat a distance of 175.0 feet to the PLACE OF BEGINNING and enclosing 1,155 acres (50,750 square feet) of land. I These Field Notes, with accompanying sketch, were prepared from a survey made on the ground under my direction and supervision. William N. Coleman R.P.S. No. 4001 Date i i ATTACHMENT "B" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. RODGERS AND BRUCE BROWN, EXECUTED ON , 1985. LEASE TRACT 2 A All that certain tract or parcel of land situated in Denton County, Texas and being a part of the Denton Airport more Particularly ~y{ described as follows It BEGINNING for the Southwest Corner of the tract being described herein, at an iron rod set at a turn in a gravel road and being ' North 37 Degrees 08 Hinutes OOSeconds West a distance of 1940.8 feet from it fence corner in the South line of F.M. 1515 at the recognized Northwest Corner of the tract described in the Deed from P.F. Sreen recorded in volume 127 page 183 of the Dead Records of Denton County, Texas, the said iron rod being 750 feet from, measured perpendicular to,the centerline of the main runway; • THENCE North 750 feet from am parallel with the said centerline a distance of 280.0 feet to a point for the Northwest Corner of the herein described tract; THENCE East a distance of 175.0 feet to a point for the Northeast Corner of the herein described tract; THENCE South 925 feet from ar.d parallel with the centerline of said runway a distance of 233.25 feet to a point for the Southeast Corner of the herein described tract and being in the West line of the said road 25 feet Northerly from the occupied centerline thereoft THENCE South 75 Degrees 02 Minutes 30 Seconds West with the (Jest line of the said road a distance of 181.14 feet to the PLACE OF BEGINNING and enclosing 1,031 acres ( 44,410 square feet ) of land. , I . 1 These Field Notes, with accompanying sketch, were prepared from a t survey made on the ground under m" direction and supervision, { Wm. H. Coleman R.P.S. No. 4001 Date f t , ATTACHMENT "C" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. RODGERS AND BRUCE BROWN, EXECUTED ON , 1985. I I CAST TRACT 2 R pC All that certain tract or porr,el of land sitauted In Denton County, Texas and being port or the honton Airport more parclcularly described as Colloirnt CONNENCING a+ an iron rod set at a turn in a gravel road and boinF North 37 Degrees 08 Ninutes 00 Seconds Idest a distance of 1940,8 root from a (once corner in the South line of F.M. 1515 at the recognized Northwest Corner of ttVi the tract described in the Deed to P.F. Breen recorded in volume 127 page 183 C' of the Deed Records of Denton County,Texas; the said iron rod being 750 feet r from, measured perpendicular to, the centerlino of the main runway; THENCE North 75 Degrees 02 Hinutos 30 Seconds Cast with the Nest line of the sail road a distance of 181.14 foot to the PLACE OF BEGINNING and being the SoutheaSt Corner of the herein described tract; THENCC North 925 fact from and parallel with the runway centerline a distance of 523.25 foot to an iron rod sot for the Northwest Corner of the herein dcscrili•l tract; TRCNCE Cast a distance of 75.0 feet to an iron rod sot for the Northeast Cot^;ar of the heroin described tract) I THENCE South 22 Degrees 09 Cllnutes Cast a distance of 490.0 feet to an iron rod set for the Southeast Corner of thu heroin described tract, in the Crest line of the said gravel road, 25 feet Northerly from the occupied centerline thereof: THENCE South 75 Degrees 02 Hlnutes 30 Seconds (Jest with the West line of the said road a distance of 280.88 feet to the PLACE OF RCGINN*NG and enclosing 1,951 acres 84,980 square foot ) of land. Those Field Notes, with accompanying sketch, were prepared from a survey made on the around under my direction and supervision. 4', Liam ;L Coleman,R.P.S. No 001 I t Date a Pi .~F. WM. M. COLEMAN r............•NN .M 4WI S ATTACHMENT "D" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. RODGERS AND BRUCE BROWN, EXECUTED ON 1985. 1 R MINUTSS Airport Advisory Board January 14, 1986 Regular meeting of the City of Denton Airport Advisory Board, Tuesday, P January 14, 1986; at 6:00 P.M. in the Terminal Building of the Municipal Airport. MEMBERS PRESENT: Arno, Hayward, Keith, Smith, Williams, Wright MEMBERS ABSENT. Carrell r OTHERS PRESENT: Richard Gallian, FAA Accident Safety Counselors Jeanne Leger of Maverick Aircraftr Richard Stahl, Tim Page of American Air Academyt Clint Lynch of the City Staff. 1. Mrs. 6'eanne Leger, Mr. Richard Stahl and Mr. Tim Page presented a copy of a petition to the City Council requesting that Unicom service be implemented by the City, that the hours of operation be expanded to 8:00 P.M. and that the Unicom be manned continuously during hours of operation. There was a certain amount of difference in opinion between the members of the Airport Board and Mrs. Leger of Maverick Aircraft regarding the function and operation of the Unicom. The Board requested that the matter be investigated further and that a letter in response be prepared for their review. 2. The Board considered the minutee of the regular meeting of December 18, 1985. A motion was made and seconded to approve the minutes as written. 3. The Board considered recommending to the City Council that authorization be given to hold a public hearing on the Environmental Impact Assessment Report for the Denton Airport. Mr. Lynch explained that the FAA requires authorization through the City Council to validate such a hearing, that notice of the hearing must be given at least 30 days in advance and a verbatum recording of hearing must be made. Mr. Lynch also stated that the balance of the Master Plan Study has been completed and suggested that the Board consider briefing the council in a work session on the Master Plan and the development plans for the Airport. A motion was made and seconded to recommend to the City Council that authorization be given to hold a public hearing on the Environmental Impact Report. The motion carried unanimously. 4. The Board considered recommending to the City Council the approval of a commercial airport lease for FOX-51. Mr, Lynch explained that this is a standard commercial lease for 25 years with two 5 year extensions for 170,357 square feet of airport property at 070 per square foot per year with standard 5 year CPI escalations, The departure from standard is option clause which permits Mr. Strickler to develop the property over a 5 year periods the option requires at least 20,000 square feet of development per year. After some discussion on the option section and Mr, strickler's request for 30 yea, lease, the Board elected to recommend the lease as written, It was suggested that Mr. Strickler be required to sign the lease before it goes to Council. A motion was made and seconded to recommend to the City Council the approval of the FOX-51 lease. The motion carried unanimously, Airport Advisory Board Minutes Meeting of January 14, 1986 Page 2 5. The Board considered recommending to the City Council 1 an ordinance setting hangar and tie-down fees on City operated airport premises. A motion was made and seconded to recommend approval of the ordinance as written. The motion carried unanimously. 6. New business to come before the Airport Board was considered. Mr. Hayward suggested that with the expected growth and development of the Airport. That the Airport should be more closely aligned with the Community Development section of the City. It was pointed out that such a move is not a council function, but a staff decision and that the present order would most likely remain unchanged. 7, The Board considered the Airport Manager's Report. The Airport Manager informed the Board that Jay Rodgers had begun construction at his lease site but that the foundation forms for one of his hangars was being laid in a location contrary to that specified in his builning plans. A solution was to be worked out with Mr. Rodgers. Mr. Lynch also presented th3 new lease application form, informed the Board of the TAC aircraft counter and advised on status of the C.A.F. lease negotiations and the FAA grant applications. j 8. There were no items for executive session. I With no further business, the Board adjourned at 8;30 P.M. i i 1 M i i 0062k ~r CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: Fox-51 Limited Airport Lease Agreement i RECOMMENDATION: It is the recommendation of the Airport Advisory Board to approve the Airport Lease Agreement by and between the City of Denton and Fox-51 Limited for the purpose of constructing aircraft hangars on 3,91 acres of property on the north end of Denton Municipal Airport. SUMMARY: This lease has been reviewed in detail by City Staff, City Attorney, and the Airport Advisory Board. Under the terms of this standard Airport commercial. lease, Fox-51 Limited will be required and will construct one hangar of ut least 6400 square feet in sizo, related taxiways, ramps, and vehicular roadways on the primary property of 0.76 ages. A secondary property of 3.15 acres would be lecsed to Fox-51 Limited for their development over a 5 year period. The secondary property would be j leased at a lower rate. However, as development occuras, the developed areas would then be incorporated into the primary lease and the higher lease rate. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: This development on the airport should nut e'fect any other department or group. FISCAL IMPACT: Airport revenues will be increased by at least $4,310.00 per year. There will be no cost to the General Fund. P epared byi' . Respe ully Submitt d ` / Clint Lynch Airport Manager L oyd Harrell City Manager Approved by: Bill Zgero laobl. R E S O I. U T I O N available for WHEREAS, the City of Denton owns any v^ . lease at the Denton Municipal Airport; and WHEREAS, Fox-S1 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 purposes; and WHEREAS, the Cit of Denton desires to lease property upon j the Airport for such purposes; and WHEREAS, the Airport Advisory Board has reviewed and recommended approval of the attached proposed lease agreement; NOW, THERBFJRE, 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-5; 'hereby , attached hereto F and incorporated hereto by reference, f SECTION II. The Mayor is hereby authorized to execute the attached lease agreement on behalf of the City. !aECTION ill, t this Resolution shall be effective immediately upon its passa, snd approval. t t ` PASSL AND APPROVED this the day of 1986. 4k i'i pF DEN TON, TEXAS I I f ATTEST: L , I SE Rb P CITY OF DENTON, TEXAS APPROVED AS TO 1 "GAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY . i 1 P 1 ~ F AIRPORT LEASE AGREEMENT I FCOMMERCIAL OPERATOR THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S This lease is made and executed this day of , 19 , at Denton, Texas, by ann between the City of Denton, a Mi=pal Corporation, hereinafter referred to as "Lessor", and Fox-51 Limited, a corporation of The State of Texas, having its principal offices at Rt. 1, Box 1029 Denton, Texas 76205, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREPORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. Principles of Operations The right to conduct aeronautical activities for furnishing services to the public is granted the lessee subject to Lessee agreeing; 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and ' 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. Non-Discrimination The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that, 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of rac..e, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 3, The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation.-Effectual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate the Lease and to reenter and repos-sess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights, C. Right of Individuals to Maintain Aircraft It is clearly understood by the Lessee that no right or privilege has been granted which would operate to prevent any LEASE AGREEMENT/FOX-51 LIMITED/PAGE 2 I person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to peri'orm. w~ r D. Non-Exclusive Right it is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1349 of Title 43, U.S.C.A. E. Public Areas 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in re air the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of tite Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. S. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof., relative to the operation or maintenance of the Airport. LEASE AGREEbiENT/FOX-51 LIMITED/PAGE 3 f II. LEASED PREMISES ` Lessor, for and in consideration of the covenants and f! agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and I take from Lessor, the following described land situated in Denton County, Texas, as described as follows: A. Land - Property A, A 150 foot by 220 foot tract of land, being a 33,000 square feet, or 0,76 acres, dran and outlinedteon ' Attachment A, having the following metes and bounds: COMMENCING at the northkcst corner of a tract of land as conveyed to P. F. Breen by deed recorded in Volume 127, Page 185 of the Deed Records of Denton County, Texas said point lying in the South right-of-way line of FM Road 1515; THENCE west along the south right-of-way line of FM Road 1515 a distance of 350 feet to a point; I THENCE north along the west right-of-way line of FM Road 1515 a distance of 1,000 feet to a point; THENCE west perpendicular to said right of way line of FM 1515 a distance of 870 feet, more or less, to a point on ' the east edge of the pavement of the north taxiway; f THENCE north 130 50' 41" west along the east edge of pavement of said north taxiway a distance of 230 feet to a point for a corner; THENCE north 76° 09' 19" east perpendicular to said east edge of pavement a distance of 280 feet to the point of beginning; THENCE north 131 50' 41" west 280 feet east of and parallel to said east edge of pavement a distance of 220 feet to a point for a corner; THENCE north 760 09' 19" east perpendicular to said east edge of pavement a distance of 150 feet to a point for corner; THENCE south 130 50' 41" east 430 feet east of and parallel to said east edge of pavement a distance of 220 feet to a point for a corner; LEASE AGREEMENT/FOX-51 LIMITED/PAGE 4 r 1 r THENCE south 760 09' 19" west perpendicular to said east ` edge of pavement a distance of 150 feet to the place of beginning and containing 330000 square feet of land, more or less, as shown on Exhibit "A", attached hereto and incorporated herein by reference, Together with the right of ingress and egress to said property; and the right, in common with others so authorized, of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton; and such rights shall extend to Lessee's employees, passengers, patrons and invites. For the purposes of this Agreement, the term "Premises" shall mean all property located within the metes and bounds described above including lease hold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor, B. Land - Property B: A tract of land consisting of 3.15 acres, or 137,357 square feet, as incorporated herein depicted foredreference Exhibit and having he the he following metes and bounds: COMMENCING at the northt,,,est corner of a tract of land as conveyed to P.F. Biezo deed recorded in Volume 127, Page 185 of the Deed Res-oYds of Denton County, Texas said point lying in thm South. right-of-way line of FM Road 1515; THENCE west along the south right-of-way line of FM Road 1515 a distance of 350 feet to a point; THENCE north along the west right-of-way line of FM Road 1515 a distance of. 1,000 feet to a point; THENCE west perpendicular to said right-of-way line of FM 1515 a distance of 870 feet, more or less, to a point on the east edge of the pavement of the aZnrth taxiway; THENCE north 13 degrees 50' 41" west along the east edge of pavement of said north taxiway a distance of 230 feet to a point for a corner; THENCE north 76 degrees 09' 19" east perpendicular to said east edge of pavement a distance of 280 feet to a point for a corner; LEASE AGREEMENT/FOX-51 LIMITED/PAGE 5 THENCE north 13 degrees 50' 41" west 280 feet east of and parallel to said east edge of pavement a distance of 220 feet to a point for a corner; THENCE north 76 degrees 09' 19" east perpendicular to said east edge of pavement a distance of 150 feet to the t point of beginning; THENCE north 76 degrees 09' 19" east perpendicular to said east edge of pavement a distance of 279 feet to a point for a corner; THENCE south 19 degrees 07' 54" east for a distance of 336.4313 feet to a point for a corner; THENCE sough 54 degrees 09' 50.9" west for a distance of 280.4015 feet to a point for a corner; THENCE south 76 degrees 09' 19" west perpendicular to said edge of pavement a distance of 140 feet to a point for a corner; THENCE north 13 degrees 50' 41" west 340 east of and parallel to said east edge of pavement a distance of 220 feet to a point for a corner; THENCE north 76 degrees 09' 19" east perpendicular to said edge of pavement a distance of 90 feet to a point for a corner; THENCE north 13 degrees 50' 41" west 430 east of and parallel to said edge of pavement a distance of 220 feet to the place of beginning and containing 137,357.5 square feet of land, more or less. For and in consideration of the sum of Five Hundred ($500.00) Dollars, receipt of which is hereby acknowledged, Lessor leases to Lessee the above described Property B for a period of five (5) years commencing on the date of execution of this lease. It is expressly understood and agreed that Property B is leased to Lessee for the purpose of development by Lessee. Said development shall be contiguous with Lessee's existing property and shall be comprised of at least twenty thousand (20,000) square feet per year (development in excess of 20,000 square feet in one year may be carried over into the following consecutive year). Upon commencement of development of property within Property B (the date of final approval of plans and the issuance of a building permit by Lessor is deemed herein to mean the date of commencement of development), said development LEASE AGREEMENT/FOX-5L LIMITED/PAGE 6 w 1 i properties shall immediately be considered as additions to k' Property A and shall be subject to the same terms and conditions of property within Property A, including but not limited to: land rental rates as computed on a cents per square foot per year basis; term of lease; consumer price adjustments, if any; and date of commencement, as if said additions were and had been within Property A from the original date of execution of this lease. Should Lessee not develop at least twenty thousand (20,000) square feet of Property B per year, including carry over from the previous year, the balance of undeveloped property up to 20,000 square feet shall, at the end of each year, automatically be considered as an addition to Property A as if said property had been developed. Property of less than one half acre or 21,780 square feet remaining undeveloped shall, at the end of five (5) years, automatically be considered as Pro- perty A. Developable property of more than one half acre or 21,780 square feet may, at the end of five (S) years, be returned to Lessor, provided, however, that Lessee shall provide adequate taxiway and roadway access to such property. Property which Lessee and Lessor mutually agree as undevelopable may be removed from the above requirements at the end of the five (5) year period. Lessee shall notify Lessor of its intent to develop property within Property B by written notice to the City Manager or his designee. Such notice shall be at least 30 days prior to com- mencement of development and shall include, at a minimum, a draw- ing and description of the size and location of the property and the improvements thereon. Construction plans and specifications shall be submitted to Lessor in accordance with Article VIII of this lease. G. Improvements Provided By Lessor: None, as there are no improvements upon the leased premises. For the purpose of this agreement, the term "Lessor improvements" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this agreement in an exhibit approved by the Lessor. LEASE AGREEMENT/FOX-51 LIMITED/PAGE 7 r' III. TERM The term of this Agreement shall be for a period of Twenty- five (25) years, commencing on the 1st day of April, 1986, and continuing through the 31st day of March, 2012, unless earlier terminated under the provisions of the Agreement. Lessee shall have the first right of refusal to renegotiate this lease for two additional five (5) year periods at the end of the primary term of twenty-five (25) years at a renegotiated rental and terms mutually agreed upon by the Lessor and Lessee without regard for or considering the then cost of living index. Lessee's election to renegotiate this Lease shall be in writing addressed to the City Manager at lease one hundred eighty (180) days before the expiration of the primary term of twenty-five (25) years. IV. PAYMENTS) RENTALS AND FEES Lessee covenants and agrees to pay to Lessor, as considera- tion for this lease, payments, rentals and fees as follows: A. Land Rental: The Land Rental for Property A shall commence with the sum of Two Thousand Three Hundred Ten and NO1100 Dollars ($20310.00) per year, payable in twelve (12) equal monthly installments in the sum of One Hundred Ninety-Two and 50/100 Dollars ($192.50) in advance, on or before the first day of each and every month during the term of this agreement. Land rental shall be adjusted under the terms and conditions of this lease as described herein. B. Lessor Improvement Rentals: None, as there are no improvements upon the leased premises. C. Payment, Penalty, Adjustments: All payments due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than 15 days past due shall be assessed a penalty of one-half (1/2) of one percent per day, compounded daily, for each day or fraction thereof which the payment or fee is more than 15 days past due. The yearly rental for land and improvements herein leased shall be readjusted at the end of each five (5) year period during the term of this lease on the basis of the proportion that the then current LEASE AGREEMENT/FOX-51 LIMITED/PAGE 8 1 Y F United States Consumer Price Index, A,I Urban Consumer (CPI-U) for Dallas/Fort Worth, Texas, as compiled by the U.S. Department of Labor., Bureau of Labor Statistics bears to the February, 1986 1 index which was 347.0 (1967 s 100). The land rental amount is now based upon 07 ($0.07) cents per square foot per year for the land herein leased. These four rental adjustments, if any shall occur on the following dates: " April 1, 1991 April 1, 2001 April 1, 1996 April 1, 2006 V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Leased Premises Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. Hangar Lease and Rental. The rental or lease of hangars an hangar space and related facilities upon the leased premises. 2. Office Space Lease or Rental. The rental or lease of office space in or a o [t ng Lessee's hangars. ~ i 3. Aircraft Storage and Tie-down. To provide parking, storage an tie-down sere ce, for both Lessee's and itinerant aircraft upon or within the leased premises. i Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. B. Standards Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manager and k eep current its mailing address, telephone LEASE AGREEMENT/FOX-51 LIMITED/PAGE 9 F w' Er r number(s) and contacts where he can be reached in an emergency. 2. List, Lessee shall file with the Airport Manager and ` keep current a list of its tenants and sublessees, 3, Conduct. Lessees shall contractually require its employers and sublessees (and sublessee's invites) to abide by the terms of this agreement. Lessee shall i~ promptly enforce its contractual rights in the event of a default of such covenants. 4. Utilities Taxes and Fees. Lessee shall meet all expenses an payments n connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. S. Laws. Lessee shall comply with all current and future Te'~ral, state and local law-:., rules and regulations which may apply to the conduct of business contemplated, including rule,, regulations and ' ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all F necessary and/or required licen!~%os or permits. 6. Maintenance of Lessee shall be responsible or the ma ntenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectionable matter or thing, 7. Unauthorized Use of Premises. Lessee may not use any oft the ease an or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for 'industrial, commercial or retail purposes, except as authorized herein. S. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the Lessee, his tenants, invites, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. LEASE AGREEMENT/FOX-51 LIMITED/PAGE 10 r 4 Y r F 9. Quit Possession. Lessee shall quit possession of all r pram ses lea-sea herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted, 10. Hold Harmless, Lessee shall indemnify and hold harmless tFe Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises. 11. Chemicals. Lessee agrees to properly store, collect an dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. D. Signs During the term of this Agreement, Lessee shall have the ` right, at its own expense, to place in or on the lease Premises signs identifying lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor on the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement, Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows; A. Peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; LEASE AGREEMENT/FOX-51 LIMITED/PAGE 11 r B. Com liance. Lessor warrants and represents that in the establis ment, construction and operation of said Denton 1± Municipal Airport, that Lessor has heretofore and at this time ` is complying with all existing rules, regulations, and criteria f distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited ` to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining property in the course of normal takeoff and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions: A. Runwa s and Taxiwa s. That beta+ase of the present sixty 4 thou ;n , poun continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, takeoff and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, ' until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive I weights. It is further agreed that, based on qualified I engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or I subcontractors, and its cuseomers and invitees, but shall not include those activities which it neither controls nor solicits, such as an unsolicited or unscheduled or emergency landing. Negligent disregard of the provisions of this section shall be su:.ficient to cause the immediate termination of this entire Agreement and subject the Lessee, to be liable for any damages to the Airport that might rosult. VIII. LEASEHOLD IMPROVEMENTS A, Required Improvements: As part of the consideration for the privilege herein I LEASE AGREEMENT/FOX-51 LIMITED/PAGE 12 r k r granted, Lessee is required to and hereby agrees to construct or otherwise make improvements to the premises, as specified herein, but not limited to, the following: r 1. One aircraft hangar not less than 80 x 80 feet in size. 2. Related aircraft ramps and taxiways. 3. Paved vehicle parking area of a size adequate to service the needs of the Lessee or its tenants. Lessee shall provide Lessor with tentative plans for the development of the entire premises herein leased together with a tentative time table or schedule for said development. Should said development not occur within the specific time limits mutually agreed upon by and between Lessor and Lessee, Lessor shall have to option to cancel the lease on all non-developed portior,. of said lease after a thirty (30) day written notice to Lessee to cure such a default. 1. Time limits. Lessee agrees that it shall within one hundred- -eighty (180) calendar days from the date of this Agreement, submit to the Lessor, for approval, detailed plans and specifications for the initial proposed leasehold improvements. Lessor agrees that it shall either approve the plans and specifications as submitted, or transmit proposed revisions to Lessee, within Forty-five (45) calendar days of receipt of the plans and specifications from Lessee. In the event that Lessor requires revisions of the original plans and specifications, Lessee shall have forty-five (45) calendar days from the date of receipt of the proposed revisions to resubmit the plans and specifications for Lessor's approval. Such approval shall not be withheld unreasonably. Construction shall commence within one hundred eighty (180) calendar days of Lessee's receipt of Lessor's final approval of the plans and specifications, and shall be scheduled for completion not later than one hundred eighty (180) days after commencement of construction. 2. Fans. Before commencing the construction of any improvements, Lessee shall submit: a. Documentation, specifications, or design work, to be approved by the Lec.,:or, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the LEASE AGREEMENT/FOX-51 LIMITED/PAGE 13 overall size, shape, color, quality and design, in appearance and structure, of the program established by the Lessor on the Airport. b. All information required of the City of Denton Subdivision and Land Development Regulations i (outline of requirements are on file in the Airport Manager's office). c. The estimated cost of such construction. t No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction, and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld. Should the Council fail to deny Lessee's plans and specifications within sixty days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the actual cost of construction of public areas and/or facilities shall be j delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by him upon said contract shall be conclusive upon all parties for all purposas of this agreement. f B. Additional Construction or Improvements: ` Lessee is hereby authorized to construct upon the land herein leased, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized r by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications as specified in Article VIII Paragraph A (Additional Requirements). C. Ownership of Improvements: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following ' conditions, terms and provisions: 1. Removal of Buildings. No building or permanent xture may be removed from the premises. i i LEASE AGREEMENT/FOX-51 LIMITED/PAGE 14 1 f r r 2, Assumption. All buildings and improvements of w ath ever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, r of this lease shall automatically become the property I` of Lessor absolutely in fee without any cost to Lessor. 3. Building Life. It is agreed that the life of the uil ing tote constructed byy Lessee on the property . herein leased is twenty-five (25) years. 4. Cancellation. Should this lease be cancelled for any reason before the end of the twenty-five (25) year term, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one twenty-fifth (1;25th) of the undepreciated value of such building for each year remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by ' the two appraisers. IX. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, ' structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes firs, but in no event longer than the term of this lease. It is expressly understood and agreed teat the right to the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing utility services to, from or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the LEASE AGREEMENT/FOX-51 LIMITED/PAGE 15 property to its original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than forty-nine percent (49%) of its stock, F: deemed herein to mean the controlling interest in its business, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of • hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of the sale or sublease of the facilities for activities directly related to Lessee's activities or operation. The provisions of this lease shall remain binding I upon the assignees, if any, of Lessee. t XII. INSURANCE A. Required Insurance. Lessee shall maintain continuously in effect at all t mes during the term of this agreement, at ` Lessee's expense, the following insurance coverages. 1. Comprehensive General Liability covering the leased premises, the Lessee or its company, its personnel and ics operations on the airport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Liability coverage for errors and omissions on the part of the Lessee or its officials. 4. Fire and extended coverage for replacement value for ' all facilities used by the Lessee either as a part of t' agreement or erected by the lessee subsequent to tais agreement. 5. Liability limits shall be in the following minimum amounts; Personal injury: $ 500,000 per person $1,000,000 per occurrence Property damage: $2,000,000 per occurrence 6. All policies shall name the City of Denton as an additional named insured and provide for a minimum of LEASE AG11;;EN(ENT/FOX-51 LIMITED/PAGE 16 t C P ~l i thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. r r 7. All policies must be approved by the Lessor, r B. The Lessor shall be provided with a copy of all such policies. XIII. CANCFLLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall he instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall .take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may, terminate this lease by a written notice to ' Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C (Cancellation) hereof. XIV. CANCELLATION by LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written ::otice of the existence of such breach; (3) the inability of lessee to use said premises and facilities continuing for a longer period than !~'mAty (90) days due to any law or any order, rule or regi)ation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government or any authorized agency thereof the LEASE AGREEMENT/FOX- 51 LIMITEVAPAGE 17 maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XV. MISCELLANEOUS PROVISIONS A. Entire A reement. This Agreement constitutes the entire understan ng between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Binder Effect. All the covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. Severabilit . If a provision hereof shall be finally t declareT-void - or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. Notice. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid: 1. If to Lessor, addressed to: City Manager City of Denton Denton, Texas 76201 2. If to Lessee, addressed to: Mr. F.D. Strickler Fox-51 Limited Route 1, Box 102 Denton, Texas 76201 LEASE AGREEMENT/FOX-51 LIMITED/PAGE 18 Notices shall 'Ua deemed to have been received on the date of receipt as shown on the return receipt. E. Headings . The headings used in this Agreement are intends fd or convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. Governin Law. This Agreement is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR BY: RI R 0. STEWART, YOR i ATTEST: r UAROTTR E , CITY SECRETARY j CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1 FOX-51 LIMITED F. D. STRICKLER, PRESIDENT I LEASE AGREEMENT/FOX-51 LIMITED/PAGE 19 THE STATE OF TEXAS S ' COUNTY OF DENTON S On this day of 1986, before me, the undersigned Notary Public, personally appeared F. D. Strickler, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President of Fax-51 Limited, on behalf of the corporation therein named and acknowledged to me that the l corporation executed it. WITNESS my hand and official seal. NOTARY PUBLICO 9TATE OF T= t My Commission expires; i I i E l 1 1 L i k LEASE AGREEMENT/FOX-51 LIMITED/PAGE 20 r I h 4 r EXISTING TAXIWAY . i FOX 5 1 N13 200,41 W 1l-4 a+ z -Iq 7 w S `1~ " "lie IVA -5135G 41 220' co N a0A° ICAL 1'=loo' 'Z::' N THE ATTACHI iql, " A" TO AIRPORT LEASE ,q(, THE CITY OF DENTON AND FOX-5I REEPI IJT BET4JEEN LIMITED EXECUTED 00 - _ , 1986 . e MINUTES Airport Advisory Board January 14, 1986 h Regular meeting of the City of Denton Airport Advisory Board, Tuesday, ' January 14, 1986," at 6:00 P.M. in the Terminal Building of the Municipal Airp<jrt. MEMBERS PRESENT: Arno, Hayward, Keith, Smith, Williams, Wright MEMBERS ABSENT: Carrell OTHERS PRESENT: Richard Gallian, FAA Accident Safety Counselor! Jeanne Leger of Maverick Aircraftt Richard Stahl, Tim Page of American Air Academyt Clint Lynch of the City Staff. 1. Mrs. Jeanne Leger, Mr. Richard Stahl and Mr. Tim Page presented a copy of a petition to the City Council requesting that Unicorn service be implemented by the City, that the hours of operation be expanded to 8:00 P.M. and that the Unicom be manned continuously during hours of operation. There was a certain amount of difference in opinion between the members of the Airport Board and Mrs. Leger of Maverick Aircraft regarding the function and operation of the Unicom. The Board requested that the matter be investigated further and that a letter in response be prepared for their review. 2. The Board considered the minutes of the regular meeting of December 18, 1985. A motion was made and seconded to approve the minutes as written. i 3. The Board considered recommending to the City Council that authorization be given to hold a public hearing on the Environmental Impact Assessment Report for the Denton Airport. Mr. Lynch explained that the FAA requires authorization through the City Council to validate such a hearing, that notice of the hearing must be given at least 30 days in advance and a verbatum recording of hearing must be made. Mr. Lynch also stated that the balance of the Master Plan Study has been completed and suggested that the Board consider briefing the council in a work session on the Master Plan and the development plans for the Airport. A motion was made and seconded to recommend to the City Council that authorization be given to hold a public hearing on the Environmental Impact Report. The motion carried unanimously. 4. The Board considered recommending to the City Council the approval of a commercial airport lease for FOX-51. Mr. Lynch explained that this is a standard commercial lease for 25 years with two 5 year extensions for 170,357 square feet of airport property at 070 per square foot per year with standard 5 year CPI escalations. The departure from standard is option clause which permits Mr. Strickler to develop the property over a 5 year period," the option requires at least 20,000 square feet of development per year. After some discussion on the option section and Mr„ Strickler's request for a 30 year lease, the Board elected to recommend the lease as written. It was suggested that Mr. Strickler be required to sign the lease before it goes to Council. A motion was made and seconded to recommend to the City Council the approval of the FOX-51 lease. The motion carried unanimously. Airport Advisory Board Minutes Meeting of January 14, 1986 Page 2 5. The Board considered recommending to the City Council # an ordinance setting hangar and tie-down fees on City operated airport premises. A motion was made and seconded to recommend approval of the ordinance as j. written. The motion carried unanimously. 6. New business to come before the Airport Board was considered. Mr. Hayward suggested that with the expected growth and development of the Airport. That the Airport should be more closely aligned with the Community r Development section of the City. It was pointed out that such a move is not a council function, but a staff decision and that the present order would most likely remain unchanged. 7. The Board considered the Airport Manager's Report. The Airport Manager informed the Board that Jay Rodgers had begun construction at his lease site but that the foundation forms for one of his hangars was being laid in a location contrary to that specified in his building plans. A solution was to be worked out with Mr. Rodgers. Mr. Lynch also presented ` the new lease application form, informed the Board of the TAC aircraft counter and advised on status of the C.A.F, lease negotiations and the FAA I grant applications. 8. There were no items for executive session. With no further business, the Board adjourned at 8:30 P.M. i ► I I j f i I 0062k k I F G CITY COUNCIL REPORT F___ pRMAT F M TO: Mayor and Members of the City Council FRO!: Lloyd Harrell, City Manager SUBJECT: Public hearing concerning the proposed construction at Denton Municipal Airport. RE COIF-- DpN ; It is the recommendation of the Airport Advisory Board to approve the resolution authorizing a public hearing concerning the environmental impact of proposed construction at the Denton Municipal Airport. SUMMARY: A Master Plan Study is now being conducted by Engineering Consultants 1 Charles Willis and Associates for the Denton Airport, Federal regulations dictate that a public hearing be held which will permit citizen comments and input concerning the construction of proposed improvements at Denton Airport. Environmental issues and details of the proposed construction will be presented at the hearing by the Airport Staff and Charles Willis ' and Associates, PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: f ! This public hearing should not effect any other department or group, } FISCAL IMPACT; `r There will be no cost to the General Fund, I P a are y: \ Clint Lynch L Res' fully Submit d Aitport Manager Approved by; oyd arrell City Manager B§fgc &O~ - - - 1400L R E S 0 I, U T I 0 N WHEREAS, the Council of the City of Denton, Texas proposes f . to make certain improvements upon the Denton Municipal Airport; and WHEREAS, the National Environmental Policy Act of 1970 and applicable regulations promulgated by the Federal Aviation r Administration require that a public hearing be held, with notica thereof, for the purpose of receiving citizen input concerning any environmental impact which may be caused by the proposed improvements; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. 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) =.ays prior and fifteen (15) Ways prior to said public hearing. SECTION II. 1 That this resolution shall become effective immediately upon { its passage and approval. j PASSED AND APPROVED this the day of April, 1986. 1 R C- RI 0 . SSE A , M R CITY OF DENTON, TEXAS / ATTEST: CHARLOTTE , CITY 92CRETARY i CITY OF DENTON, TEXAS APPROVED AS TO 1.EGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY I 4 MINUTES Airport Advisory Board January 14, 1986 Regular meeting of the City of Denton Airport Advisory Board, Tuesday, January 14, 1986r at 6:00 P.M. in the Terminal Building of t;ho Municipal Ai rport. MEMBERS PRESENT: Arno, Hayward, Keith, Smith, Williams, Wright MEMBERS ABSENT: Carrell OTHERS PRESENT: Richard Gallian, FAA Accident Safety Counselarj Jeanne Leger of Maverick Aircraft; Richard Stahl, Tim Page of American Air Academy; Clint Lynch of the City Staff. 1. Mrs. Jeanne Leger, Mr. Richard Stahl and Mr. Tim Page presented a copy of a petition to the City Council requesting that Unicom service be implemented by the City, that the hours of operation be expanded to 8:00 P.M. and that the Unicom be manned continuously during hours of operation. There was a certain amount of difference in opinion between the members of the Airport. Board and Mrs. Leger of Maverick Aircraft regarding the function and operation of the Unicom. The Board requested that the matter be investigated further and that x letter in response be prepared for their review. 2. The Board considered the minutes of the regular meeting of December 18, 1985. A motion was made and seconded to approve the minutes as written. 3. The Board considered recommending to the City Council that authorization be given to hold a public hearing on the Environmental Impact Assessment Report for the Denton Airport. Mr. Lynch explained that the FAA requires authorization through the City Council to validate such a hearing, that notice of the hearing must be given at least 30 days in advance and a verbatum recording of hearing must be made. Mr. Lynch also stated that the balance of the Master Plan Study has been completed and suggested that the Board consider briefing the council in a work session on the Master Plan and the oevelopment plans for the Airport. A motion was made and seconded to recommend to the City Council that authorization be given to hold a public hearing on the Environmental Impact Report. The motion carried unanimously. 4. The Board considered recommending to the City Council the approval of a commercial airport lease for FOX-51. Mr. Lynch explained that this is a standard commercial lease for 25 years with two 5 year extensions for 1700357 square feet of airport pr)perty at 070 per square fool: per year with standard 5 year CPI escalations. The departure from standard is option clause which permits Mr. Strickler to develop the prop+,rty over a 5 year period; the option requires at least 200000 square feet of development per year. After some discussion on the option section and Mr. Strickler's request for a 30 year lease, the Board elected to recommend the lease as written. It was suggested that Mr. Strickler be required to sign the lease before it goes to Council. A motion was made and seconded to recommend to the City Council the approval of the FOX-51 lease. The motion carried unanimously. Airport Advisory Board Minutes Meeting of January 14, 1986 Page 2 I 5. The Board considered recommending to the City Council t on ordinance setting hangar and tie-down fees on City operated airport premises. A motion was made and seconded to recommend approval oL the ordinance as written. The motion carried unanimously. 6. New business to come before the Airport Board was considered. Mr. Hayward / suggested that with the expected growth and development of the Airport. That the Airport should be more closely aligned with the Community Development section of the City. It was pointed out that such a move is not a council function, but a staff decision and that the present order would most likely remain unchanged. 7. The Board considered the Airport Manager's Report. The Airport Manager informed the Board that Jay Rodgers had begun construction at his lease site but that the foundation forms for one of his hangars was being laid in a location contrary to that specified in his building plans. A solution was to be worked out with Mr. Rodgers. Mr. Lynch also presented the new lease application form, informed the Board of the TAC aircraft counter and advised on status of the C.A.F. lease negotiations and the FAA grant applications. P. There were no items for executive session. i With no further business, the Board adjourned at 8:30 P.M. i i 0062k r t i OFFTCE OF THE CITY ATTORNEY MEMORANDUM 1 TO: Honorable Mayor Stewart and Members of the City Council i i FROM: Debra Adami Drayovitch, City Attorney L" IJECT: Attached Resolution Regarding Municipal Judge DATE: March 25, 1986 i Attached is a resolution which embodies the agreements reached I at the March 18, 1986 council meeting. Should you have any "Iestions, please advise. DEBRA ADAMI DRAYOVITCH DAD:jw xc: Floyd Harrell Attachment i f t i 0473L R f S 0 L U T 1 0 N WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant City Judges to y • r 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 Judge; NOW, THEREFORE, BF 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 f - 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 I sum of Twenty-five Dollars ($25.00) per hour for their services. SECTION Ill• This resolution shall become effective from and after its date t i of passage. t ; f1 PASSED AND APPROVED this the day of •___r, , 1986. RICH R S R, A R CITY OF DENTON, TEXAS ATTEST: CH RLOTT'E A LE , CIT SECRE AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ITY ATTORNEY DEBRA ADAMI DRAYOVITCH, C CITY OF DENTON, '.TEXAS BY DATE: March 25, 1986 CITY COUNCIL REPORT FOR'iAT~ TO: Mayor and Members of the City Council FROM, Lloyd Harrell, City Manager ' SUBJECT; ICMA Deferred Compensation Retirement Program RECOMMENDATION: Adopt resolution establishing ICMA Deferred Compensation Retirement Program as a tax exempt benefit option for City employees, SUMMARY: ICMA Deferred Compensation Program would allow employees the option of a voluntary l supplemental retirement plan which is tax deferred. A review of primary providers h j of a deferred compensation program shows ICMA to have lower fees and superior returns compared to other programs, { t BACKGROUND: r Several deferred compensation retirement plans have been investigated and ICMA Retirement Corporation offers the best program. Other plans investigated charged a 34% 4 penalty for early withdrawal. I j PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The ICMA Deferred Compensation Program will be made available to all City employees on a voluntary basis. FISCAL IMPACT: There will be no fiscal impact on the City. The program is non-contributory on the part of the employer. Respect uily submitted Lloyd Harrell, City Manger Prepared by: f V.;'VL N me and Ti e r Approved: „ p 1403E R E S O L U T I O N I ' WHEREAS, 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 r 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 personnel; and WHEREAS, the City of Denton has determined that the ostab- lishment 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 under- standing 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 hold under their deferred compensation plans; NOW, THEREFORE, I BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: r SECTION I. That the City of Denton adopts the deferred compensation plan, attached hereto as Appendix A, and appoints the ICMA Retirement Corporation to serve as Administrator thereunder. SECTION II. i That the Employer hereby executes the MIA Retirement Trust, I attached hereto as Appendix B. SECTION III. That the employer hereby adopts the trust agreement, attached hereto as Appendix C, and appoints the ICMA Retirement Corpo- ration as Trustee thereunder, and directs the 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. SECTION IV. That the Personnel Director shall be the coordinator for this program and shall receive necessary reports, notices, 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 upon its passage and approval. r I M k PASSED AND APPROVED this the day of 1986. F ` CITY OF DENTON, TEXAS s ATTEST: CITY OF DENTON, TEXAS I t APPROVED AS TO LEGAL FORM: ddd DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS Y BY: s I PAGE 2 M I R i 1D f CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78701 / TELEPHONE {817} 886.8307 ► - Office of the City Manager f M E M O R A N D U M r TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: March 26, 1986 SUBJECT: ICMA DEFERRhU COMPENSATION RETIREMENT PROGRAM During our pre-employment conferences, I discussed with you the benefits of i participation in the International City Management Association's (ICMA) Retirement Corporation's Deforred Compensation Program. I have had the opportunity of participating in that program at the City of Liberty, Missouri, for seven years, it proved to be an extremely successful program and was well received by city employees. In fact, I consider this to be one of the best benefits available to city employees because it has no cost impact to the City. It provides an important vehicle for helping our r employees plan for their future by investing in a supplemental retirement program. Some of the advantages of this program are as follows: 1. It provides a well-protected, legal tax shelter for employees. 2. No penalties or miscellaneous charges are made for changes, transfers, or lump sum withdrawals. 3. An employee may contribute up to 25% of their total salary or $7500 per year, whichever is less. I am very excited about the program and highly recommend that the City of Denton pass a resolution adopting ICMA as its deferred compensation retirement program. . Barre City Manager l 3296P:CR 032686:0835 k r BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 566.8307 CITY of DENTON, TEXAS MUNICIPAL Office of the City Manager MEMORANDUM TO: Betty McKean Assistant City Manager FROM: Nedra Minter Personnel Specialist DATE: March 24, 1986 j SUBJECT: ICMA Retirement Corporation - Deferred Compensation i In order to adopt the ICMA deferred compensation retirement program, the City Council needs to m rove aPIan, All admadopting the inistrative and accounting functions the City for adopting are handled by ICMA. ICMA Retirement Corporation offers the following features: 1. The only non-profit tax exempt provider of deferred compensation. 2. Pees are lower than any other deferred compensation provider. 4 There is a $1.00 a month account maintenance fee. However, this fee is waived for participants contributing less than $800.00 per year. ~E 3. Non-contributory - based solely on employee contributions. i 4. All forms are supplied by ICMA. ICMA offers the following services to employees: 1. No penalties or miscellaneous charges for changes, transfers, or lump sum withdrawals. 2. The return on investments has been historically superior to other plans. rymore 3. IC24A Retirement Corporation is the administrator for employees than any other 4. Wide range of investment plans 5. Tax shelter. Income taxes are not paid on money you defer. 6. Toll free numbers allow access to accounting information. 7. Participants receive quarterly statements and quarterly newsletters. Memorandum - ICMA page 2 After conducting a survey of 15 area cities offering a deferred compensation program (see attached), MA was either offered or under consideration of ' being offered in conjunction with other plans. IW was also the only administrator that did not charge a penalty for early withdrawal. Based on this survey and information provided by ICMA, I recommend that we adopt this program. Attached is a packet from ICMA outlining this prograi. E. If you have any questions, please call me at 8369. ' ra n er Personnel Specialist E i F F l M i h l E C i E i r k E d G N r ~N O O ~ rl+ h p O NN ,Oy p - - - - - - - - - - - - ►C K K K K K K K K K K K G (p N fD fD fD fD lD lD tp cD lD fD fD K N N N N N N N N N N N N (7 ' - - - - 1-4 - q ~CC~~7 888 pp~~ n O O O O O i7 H ty ' s W t1 ~ ~ P 'r p I I 1 f Ili o CAI oo w 00 b H C%.. e+ M N h too A by P I o 1 Cy i I rF j b o a i z I s i r 1 S i `F{r I 7 1111 , i i i I ~ i i i f r 1 I~ 4 h i R IGNI A R V11 R EM ENT (:()RP()1AI'Kxv THE ICMA RETIREMENT CORPORATION'S ' DEFERRED COMPENSATION PLAN Administrator Services The ICMA Retirement Corporation has offered a nationally available public employee deferred compensation plan since 1972. We are a non-profit organization, origined and governed by local public officials: we are the pioneers in the field of local government deferred compensation, and our sole commitment is to seek the highest possible investment return for our participants. RC currently administers the largest single pool of local government deferred assets, with a trust fund balance in excess of 500 million; over 2200 local goternments offer this deferred compensation plan to their employees. All of our administrative processes are computerized. RC maintains an a=.unt for each employer and subaccounts for each participating employee. These accounts provide historic records of all transactions and activity, reflecting date and amount of all contributions, benefit payments, withdrawals, and other transfers and adjustments. The trust funds are evaluated and earnings and market value adjustments are assessed monthly. RC's policy is to update each account within three working days of a transaction and to reconcile all accounts monthly. Current calandar information is on line and immediately available; past years' information is kept on tape and is accessible at any time. RC archives all account information. RC requests that employers send a single contribution check for all participants on a schedule convenient for the employer. Approximately one week prior to the date RC expects a contribution, employers receive a computerized statement listing participants' regular contributions to assist them in submitting deferred compensation. RC can accept magnetic tape as the input source to receive payroll deduction information in lieu of the usual contribution statement. RC will provide the employer with magnetic tape specifications and procedures in order to set up this input system if desired. All administrative and accounting functions are handled in the Washington, D.C., office, Records are maintained on .a centralized computer and all additions, amendments, and adjustments are made by staff in Washington. Changes to accounts, including changes in amounts deferred, and stopping and starting participation, may be requested at the time the regular contributions are made or at any other time that is convenient. Specially trained staff review all requests for changes to assure compliance with applicable laws and regulations. The Participant services staff provides the communication link with individual participants, either via toll-free telephone line l r R F r or regular written correspondence. This staff has immediate r access to all account data and can assist participants with specific questions about their accounts, as well as with RC's administrative processes such as withdrawals, transfers, or changes in investment allocation. Participants also can request ► information on fund performance from this group. Highly technical or policy questions are immediately referred to the Director of Services or to another member of the management staff. Investments RC currently offers four investment options open to all participants. Taken together, these options allow an employee to participate in the major investment categories considered prudent V- retirement planning. The categories are guaranteed investment contracts, equities (stocks), corporate bonds, and government securities. They are offered through the funds described below. The Guaranteed Fund: The Guaranteed Fund offers protection of principal and a guaranteed rate of return for a specified period of time. The return is underwritten by guaranteed insurance contracts and similar types of securities. RC guarantees 7.25 percent annually on all contributions received through June 31, 1986. This annual rate is credited through March 1988. There is no reduction in the guarantee for any reason, including early withdrawal. Because this Fund is invested in short-term guaranteed contracts, RC will offer a premium rate of return based on current availability in tre market; however, RC has historically renegotiated contracts to improve return during changing markets. The Stock Fund: Introduced in April 1983, the Stock Fund offers a varied portfolio of equities and has the potential for the highest long-term returns of any of RC's funds, at a significantly higher level of risk. Its objective is to ' provide a return, over any five-year period, at an average rate exceeding inflation by 6 percent per year. The Balanced Fund: This fund is oriented toward equities; however, due to the high volatility of return in equity investment, the fund is balanced with corporate bonds and government securities. Its long-term objective is to provide a return, over five years, in an average amount to exceed inflation by 4 percent per year. The Bond Fund: This fund is restricted to investments in corporate and government-backed debt securities (generally referred to as bonds). Over two market cycles this fund is d.asigned to return an average yearly rate of 2 percent above inflations in any year this fund should not have a negative return. The Bond Fund is designed to provide a more stable annual rate of return than would be possible with equity 1 investments. It is not likely that long-term returns would equal those of the Balanced or stock Funds. i Participants may change the investment allocation for future contributions at any time and as often as they wish by filing an amended joinder agreement. Past accumulations may be transferred among the funds at any time, as long as three or more months have elapsed since the last transfer. However, transfers out of the Guaranteed Fund to change investments are permitted only at the end of a contract period. This investment package is designed specifically for longer-term investing suitable for retirement planning, which RC considers the most appropriate use of deferred compensation funds. Each fund is managed by a group of institutional investment management firms specializing in the types of securities offered by each of the funds. The managers' performances are reviewed quarterly by the RC Board of Directors against carefully developed performance goals and objectives. Firms that consistently fail to meet these performance objectives are subject to dismissal. Earnings History For the historic performance of RC's variable funds, please see Attachment I. Current Guarantees Below are the net interest credits for RC's Guaranteed Fund. Deposit Period 1983 1984 1985 1986 1987 1988 1989 7/79-9/81 13.0% 13.0% 13.0% 13.0% 13.0% 13.0%* 10/81-6/82 14.0% 14.0% 14.0% 14.0% 14.0%* 7/82-6/83 15.25% 15.25% 15.25% 15.25% 15.25%* 7/83-12/83 11.0% 11.0% 11.0% 11.0%* 1/84-2/05 11.75% 11.75% 11.75% 11.75% 11.75%11.75%* 3/85-7/85 11.51 11.5% 11.5%* 8/85-17/85 10.5% 10.5% 10.5%* 1/86-3/86 10.0% 10.0% 10.0% 10.** 4/86-6/86 7.25% 7.25% 7.25%* *At the maturity of each contract, RC will receive the book value, plus earnings, and will reinvest those funds with the insurance company offering the highest and best guarantee at that time. r Participants will have the following options: r A. Leave funds in the Guaranteed Fund at the new guaranteed rate. B. Transfer all or part of the funds to another investment option offered by RC. **This contract will mature on August 31, 1991. Fees RC charges only two fees: a $1.00 per month account maintenance fee charged to all participants contributing more than $800 on an annualized basis and a management fee of 1 percent of the total fund balance for the Balanced, Bond, and Stock Funds. This amount is prorated month:.y. As is customary in the marketplace, the return on the Guaranteed Fund is quoted. to participants after deduction of necessary operating expenses; there is no one percent management charge assessed on the guaranteed rate. RC has continually reduced its fees by taking advantage of economies of scale. In July 1982 we removed the $1.00 monthly charge for all participants contributing less than $800 annualized. This elimination is part of a two-step reduction in i all fees which began in October 1981, designed to encourage all employees to begin retirement planning. Employee Education RC suggests the following basic format for an education program. E 1. DEPARTMENT HEAD ORIENTATION - RC recommends a general orientation meeting designed specifically for management lever employees to familiarize them with this new program. Many employers then choose to schedule employee education sessions on a department-by-department basis to minimize any disruptions. II. INTRODUCTION - To communicate the program initially to employees, RC supplies individual copies of the brochure "A Tax Shelter For Your Future". Generally, this brochure is distributed with a memo from an official announcing this employee benefit and setting up a series of orientation meetings for employees who wish to enroll. 1II.ENROLLMENT - Trained, salaried RC representatives will conduct the employee meetings explaining the investment options and how to fill out enrollment forms. The meetings should be small enough to allow productive question-and-answer periods. The total number of meetings and correspo.iding number of days depends on the degree of interest generated by the introductory brochure. L - - - - - a At the end of each group meeting, employees will have the opportunity to discuss personal matters with the representatives. They may also make appointments for individual consultation. RC's representatives would be available on a periodic basis for re-enrollment. RC provides all forms, brochures, and pamphlets at no cost to the employer. Status Reports RC automaticaly provides participants with quarterly account statements which detail all account activity !.ncluding the balance at the beginning of the quarter, a list of contributions and the dates they were received, earnings or losses, and an,?, transfers, adjustments, or reallocation of investments. These statements are mailed within 30 days of the end of the quarter. In addition, participants will receive an annual summary which lists the same type of information that appears on the quarterly statement and projects fund balances and retirement payout options. Along with the annual summary, participants will receive a brief year-end report on investment fund performance. These reports are mailed within sixty days of the close of the fiscal year, December 31. The annual investment report is available to all participants upon request. Participants may also request a copy for their year-to-date account statement at any time by writing to RC. Regular reports on investment performance are part of the free newsletter, RC Notes. RC sends a consolidated statement of all account activity to the employer annually; however, if the employer needs this information more frequently, we will be pleased to provide it at no charge. Employers also receive the annual investment report and the quarterly newsletter, RC Notes. Withdrawals There is no penalty or fee for any withdrawal from the ICMA Retirement Corporation, and during the payout period the funds remaining in the account continue to accrue earnings. All types of withdrawals are premitted in accordance with Section 457 of the Internal Revenue Code as follows: Termination of Participants may either withdraw the account Employment: balance in lump sum or in periodic payments over a number of years, or leave it with RC to be invested until retirement. Unforeseeable Participants may withdraw t: lump sum in an Emergency: amount to cover the cost of an emergency. - a r F Retirement/ Participants may withdraw benefits in these Disability: cases according to any schedule they choose. h Options include but are not limited to the ` following: one-time lump sum; specified r amount on a regular basis until account is exhausted; over a specified number of years in monthly, quarterly, semi-annual, or annual payments; through the purchase by RC of a single premium annuity. Death: Upon the death of a participant, the designated beneficiary is entitled to 100 percebnt of the account value, either in a lump sum or in periodic payments. ' All requests for disbursements are handled in RC's Washington, D.C., office within 60 days. Disbursements are made on the last day of the month. Requests for unforeseeable emergency withdrawals are reviewed individually and can be paid in a more timely manner. Retirement Employee Services Rc regards all participants, whether actively contributing, inactive, or retired, equally. In all cases, we continue to invest the funds in the accounts and credit earnings, send all reports, and provide other regular service agssistance. For retired participants, RC offers extensive assistance in determining the beenfit payment program that best suits their needs. I L - - k p ICMA t _ RETIREMENT i CORPORATION i ~r~. WHO MANAGES RC'S STOCK FUNDS? Mutual funds managed by RC's stock fund managers recently topped the Forbes list of consistent earners. The two highest-rated funds were Fidelity Magellan and Twentieth Century Select. The managers of these funds, Fidelity Magellan Trust of Boston and ( f Investors Research Corporation of Kansas City, also manage RC's stock funds. Fidelity Magellan mutual tops `consistent earners' I la st Special for USA TODAY the survey period. Fr ~ honor roll. A $10.00 investment in the The worst long-term per- NEW YORK— The Fidelity fund woufd have grown to former was New York-based t Magellan Fund is tops among $103,000 daring that period. First Investors Natural Re- mutual funds fur Consr,tency, Four other funds earned sources, which had an average says Furbe.% magazine, more than 25% average annu- annual lass of 0.3%. Forbes' 30th annual survey at total returns: Kansas City- New York-based 44 Wall of more than I, 150 mutual based Twentieth Century Se- Street Fund (3.8% average an- funds grades them on the basis lect fund. 28%; Houston-based nual total return) and Green- t of consistency in both bull and American Capital Pace Fund, wich, Corm.-haled American fear markets between Sept. 30, 27% A 1976, and June 30, 1985, the Harrison, N.Y.- Investors Fund (6!) also were based ed Evergreen Fund, 26.4 at the bottom, k No. I an Forbes' list: Boston- and Milwaukee-based Nicholas Three of the five funds man- based Magellan, a $2,9-hillion- Fund 25.4%. aged bn, .C,- asset fund. Its average annual Twenty-three mutual funds haled Steadm nt futnds raDnked total return was 33.35/( during made the magazine's 1985 in the bottom six. The pick of the mutual funds ` The top performers in Forbes' honor roil of mutual funds: I Fund Avg. annual 1-yr. return total return' through 8129 Fidelity Magellan 33.3% ' 27.8% Twentieth Century Select 2&0% 18.1% American Capital Pace 27.5% 12201a Evergreen 26.40/o 23.80/o Nicholas 25,440 2644 American Capital Venture 2490/o 3 70,0 Mass. Capital Dev. 23.8% 14 30% Over-the-Counter Securities 23,4% 24 50,16 Claremont Capital Corp, 23.10/0 2200,10 Loomis-Sayles Capital Dev. 22.7% 28.20,0 Sigma Venture Shares 22,70/0 18.10% f Pennsylvania Mutual 22.6% 19.4% `J Growth Fund of America 22,3% 13 5% NEL Growth 22.2% 141% Fidelity Destiny 221% 15 4% 1913OJ76 through 600185 =return through July Source; Forbes; Lipper Analytical Securities Corp, Copyright, 1985 USA TODAY, Reprinted with permission t w - I 1C,NA RETIREMENT CORPORAMN HOW HAVE RC'S VARIABLE FUNDS PERFOPYM DURING TAE PAST 10 YEARS? i 1 0' ..:d', stock Fund** 9alanced Fund Bond Fund r 1976 32.00 14.31 9.39 1977 20.50 -2.61 3.56 1978 34.80 4.07 2.98 1979 49.60 17.50 6.37 1980 58.90 25.00 j 7.76 1981 8.90 -4.84 9.70 1982 45.30 21.55 26.76 1983 28.70 9.57 5.39 1984 -3.00 2.11 10.81 s 3 1985 36.17 28.00 19.32 a . RC has offered the stock fund only since April 1983. The data is based on the performance of our stock fund managers. F l i _ - - = - - t ICM A RETIREMENT CORPORATION 1 GUARANTEED FUND: RATES IN EFFECT ` Guaranteed Rate Deposit Period (Effective Annual Yield) Guaranteed Through 7/1/79 - 9/30/81 13.00% 10/31/88 10/1/81 - 6/30/82 _ 14.00% 9/30/87 7/1/82 - 6/30/83 15.25% 9/30/87 7/1/83 - 12/31/83 11.00% 12/31/86 1/1/84 - 2/28/85 11.75% 12/31/89 3/1/85 - 7/31/85 11.50% 12/31/87 8/1/85 - 12/31/85 10.50% 12/31/87 1/1/86 - 3/31/86* 10.00% 8/31/91 *or earlier, if contract obligations are met. 1 ,a s` i 4 1 - (L r f r Examples of Benefit Payments is Table 2 gives examples of estimated payments an employee might receive after cont-ibuting $1,000 each year for different numbers of years, assuming the fund's earnings average 10% per year. The calculations are based o» monthly contributions of $83.33, earnings on which are . ompounded monthly. The anticipation of an average earnings rate of 10% is merely an assumption for the purposes of this illustration. You would pay income tax on these payments as you receive them, the amount depending on your indwidual t tax situation. Table 2. Approximate Benefit Paymer;; 5 10 15 20 25 30 If you defer S 1,000 each year for: Years Years Years Years Years Years Your total contribution will be: $5,000 $10,000 $ 15,000 520,000 525.000 530.000 At the end of the period an average 10% annual growth will result in total earnings of: $1,506 S7, 212 $19,82 > 43 505 S86,486 S 159 936 Some examples cf the amounts available J to you at the end of the period would be: ( I ) a lump-sum equal to: $6,506 317.21: $34,825 63 ~0; 51 1 1.486 S 1$9 936 (2) monthly payments for 10 years each equal to: $86 $227 $460 SA43 S 1473 S2, 510 (3) monthly payments for 15 years each to; equal $70 S185 S374 i6r5 SI 19h 5..04; (4) monthly payments for 20 years each equal to: $62 $166 $336 $61? 51,075 51 X33 NUMBER& I l t 1` h 1411L 60 R E S O L U T I O N WHEREAS, all citizens of the City of Denton, Texas at this , I' time need and will be benefited by the increased availability of prompt motor carrier services and other shipping services to and I KT' 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 :he 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 of 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, f BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton hereby proceed to apply to the 1 'v Railroad Commission of the State of Texas to have the City of t Denton and the unincorporated area adjacent thereto and commercially a part thereof designated as part of the 9allas ?i commercial zone and as part of the Fort Worth commercial zone by the Railroad Commission of the State of Texas. I SECTION That this resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986. MAYOR CITY OF DENTON, TEXAS ATTEST; CITY OF DENTON, TEXAS E APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS l BY: GC7r/'.t f~'lG! ll/rte' r