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HomeMy WebLinkAbout06-23-1987 i AGENDA ! CITY OF DENTON CITY COUNCIL I June 23, 1987 if Work Session of the City of Denton City Council on Tuesday, al June 23, 1987, at 5:15 p. m, in the Civil Defense Room of the Municipal Building at which the following items will be considered: a NOTE: Any item listed on the Agenda for the Work Session may also be considered p,nrt of the Agenda for the Regular Meeting. ua` n 5. ! 5 p.m. 4 N r,«! 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 62S2-17 V.A.T.S. r 1. Hold a discussion of litigatiin including Maverick vs. the City of Denton and the 'County of Denton vs. the City of Denton. 't B. Real Estate Under Sec. 2(fArt. 6252.1 ,,t1Oit .rd V.A. T. S. C. Personnel/Board Appointments Under Sec. 2(g), t ' Art 6252-17 V.A.T.S. " ,f 6:30 p.m. " "xt''-' 2. Receive a report on TMPA activities from City of Denton TNIPA board officials. Special Call Meetir,a of the City of Denton City Council on Tuesday, June 23, 19879 at 7:00 p.m. in the Council ('',ambers of f the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Presentation of the Government Finance Officers' Association award for distinguished budget presentation. err 2. Consider a request from the Kiwanis Children Clinic to place a banner across N. Locust at the intersection of ~nf Pecan Street from June 24 - July S, 1987. 'e i 3. Consider a request from the North Texas Fair Association to hang banners across N. Locust between ! Oak and Pecan and across N. Elm between Oak and Pecan a, { i9 Streets from August 3 - August 30, 1987. i t , 6 s City of Denton City Council Agenda June 23, 1987 0. Page 2 ` 4. Receive a report from Dr. Roland Vela regarding the proposed tree ordinance. F. 5, Receive a report from Mr. Truman Harp regarding a k j water drainage problem on Robinwood Street. +i 6. Public Hearings A. Consider a petition of Cross Timbers Girl Scout Council requesting a specific use permit in an agricultural (A) zoning district on a 5,4 acre tract located at 4000 West University Drive (U.S. Highway 380). The property is further described a as Lot 6, Block E, Ranch Estates Subdivision. This property is currently the site of an abandoned veterinary clinic. If approved, the sppecific use permit will allow the utilization of the existing structure and premises for use as yM1°? the office/headquarters and activity/training ' t center of the Cross Timbers Girl Scout Council. - (The Planning and Zoning Commission recommends E approval.) S-193 1. Consider adoption of ordinance approving a ' specific use permit on a 5.4 acre tract located at 4000 West University Drive. B. Consider a petition of City of Denton requesting a change in zonit~ from agricultural (A) to 1 Y single family wits 7,000 square foot lots ire x'" (SF-7). The property is located east of Audra r Lane at the intersection of Lattimore Street and aA Fw ° } Oak Tree Street and is described as Lots 20-28, Block A; Lots 1-11, Block B; and Lots 8-10, Block C, of the Audra Estates Addition. (The Planning and Zoning Commission recommends approval.) Z-1858 1. Consider adoption of ordinance approving a yar change in zoning on Lots 20.28, Block A; ,r Lots 1-11, Block B; and tots 8-10, Block C, of the Audra Estates Pddition. 70 Consent Agenda: { Each of these items is recommended by the Staff and " approval thereof will be strictly on the basis of the Staff recommendations. A proval of the Consent Agenda authorizes the r ara City Manager or his designee to implement each Item in ' accordance w.th the Staff recommendations. ri rr i ` , j City of Denton City Council Agenda June 23, 1987 i Page 3 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 8.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance, A. Bids and Purchase Orders: 1. Bid 19752 - Lillian Miller Parkway Paving & Drainage 2. Bid 19756 - Avenue C Paving 6 Drainage g, Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. B. Consider adoption of an ordinance approving an agreement between tl.e City of Denton and the State of Texas for installation of a traffic f signal controller at the Interstate Highway 35 4 ' frontage road intersection with United States Highway 380. g, Resolutions A. Consider approval of a resolution closing Wye Street from the intersection of Wye and Mill Street to the intersection of Wye and Cross Timber on July 17, 1987 from 5:00 p.m. to 9:00 p.m, for the purpose of having a street fair. w B. Consider approval of a resolution appointing the Denton members to Nursing FinancefAuthority. Retirement an tF 10. Miscellaneous matters from the City Manager 11. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 12, New Business: This item provides a section for Council Members to suggest items for future agendas. { City of Denton City Council Agenda i June 23, 1987 Page 4 1 13, Executive Session; A. Legal Matters Under Sec. 2(eArt, 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(fArt. 6252-17 V.A.T.S. C, Personnel/Board Appointments tinder Sec. 2(g), Art 6252-17 V.A.T.S. 1. Hold a discussion regarding City of Denton Board and Commission appointments. w, C E R T I F I C A T E ! AIM I certify that the above notice of meeting was posted on the ? bulletin bo r a the Ci Hall of the City oDe ton, Texas, on the day of , 1987 at o' clock (a.m. m, t 2680C ~Il 1 i 1 5 I a.A i~ 1 y f.l r{~ ~X I,j{i4 l{J q: yi 1 I /t ;y Q" w ~ . , a '1• ~ 1 l l .'"LLL,,, ~ i r~ r, AGENDA CITY OF DENTON CITY L;,UNCIL June 23, 1987 i Work Session of the City of Denton City Council on Tuesday, June 23, 19870 at 5:1.5 p.m. in the Civil Defense Room of the ; Municipal Building at which the following items will be considered: NOTE: Any item listed on the Agenda for the Work Session may i also be considered as part of the Agenda for the Regular Meeting. 5:15 P.M. t 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. M 1. Hold a discussion of litigation including Maverick vs. the City of Denton and the County of Denton vs. the City of Denton. B. Real Estate Under Sec. 2(f), Art. 6252.17 ti ? V.A.T.S. pt ~p C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 6:30 p.m. 20 Receive a report on TMPA activities from City of Denton TMPA board officials. Special '.all Meeting of the City of Denton City Council on Tuesday, June 23, 1987, at 7:00 p.m. In the Council Chambers of the Municipal Building at which the following items will be i considered: 7:00 p.m. Presentation of the Government Finance Officers' Association award for distinguished budget presentation. t' 2. Consider a request from the Kiwanis Children Clinic to place a banner across N. Locust at the intersection of Pecan Street from June 24 - July 5, 1987. Consider a request from the North Texas Fair 3. Association to hang banners across N. Locust between e? Oak and Pecan and across N. Elm between Oak and Pecan z` Streets from August 3 - August 30, 1987. i City of Denton City Council Agenda June 23, 1987 Page 2 4. Receive a report from Dr. Roland Vela regarding the proposed tree ordinance. i S. Receive a report from Mr. Truman Harp regarding a water drainage problem on Robinwood Street. 5. Public Hearings A. Consider a petition of Cross Timbers Girl Scout t, Council requesting a specific use permit in an agricultural (A) zoning district on a 5.4 acre tract located at 4000 West University Drive (U.S. Highway 380). The property is further described as Lot 6, Block E, Ranch Eststes Subdivision. This property is currently the site of an abandoned veterinary clinic. If approved, the specific use permit will allow the utilization of the existing structure and premises for use as ~a the office/headquarters and activity/training center of the Cross Timbers Girl Scout Council (The Planning and Zoning Commission recommends s' approval.) S-193 B { 1. Consider adoption of ordinance approving a specific use permit on a S.4 acre tract f located at 4000 West University Drive. 8. Consider a petition of City of Denton requesting a change in zoning from agricultural (A) to single family with 70000 square foot lots t (SF-7). The property is located cast of Audra Lane at the intersection of Lattimore Street and Oak Tree Street and is described as Lots 20.28, Block A; Lots 1-11, Block B; and Lots 8-10, Block C, of the Audra Estates Addition. (The Planning and Zoning Commission recommends approval.) 2-1858 1. Consider adoption of ordinance approving a ` change in zoning on Lots 20-28, Block A; Lots 1.11, Block 8; and Lots 8-10, Block C, of the Audra Estates Addition. 7. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. f i r 7 4 City of Denton City Council Agenda June 23, 1987 Page 3 ' 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 8,A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: 1. Bid 09752 - Lillian Miller Parkway Peeing 6 Drainage 2. Bid 09756 - Avenue C Paving 8 Drainage 8. Ordinances A. Consider adoption of an ordinance accepting w: competitive kids and providing for the award of contracts for public works or improvements. k B. Consider adoption of an ordinance approving an agreement between the City of Denton and the r' State of Texas for installation of a traffic signal controller at the Interstate Highway 35 frontage road intersection with United States ' Highway 380, 9. Resolutions . A, Consider approval of a resolution closing Wye Street from the intersection of W.ye and Mill Street to the intersection of Wye and Cross Timber on July 17, 1987 from 5:00 p.m. to 9:00 p.m. for the purpose of having a street fair. B. Consider approval of a resolution appointing members to the Board of Directors of the Denton Retirement and Nursing Center Finance Authority. 10. Miscellaneous matters from the City Manager il. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 12. New Business: This item provides a section for Council Members to suggest Items for future agendas. a F 3 +7 City of Denton City Council Agenda 4 June 23, 1987 Page 4 s, 13, Executive Session; A. Legal Matters Under Sec. 2(e), Art. 6252-17 r V.A.T.S, s B. Real Estate Under Sec. 2(f), Art. 6252-17, V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. r' r 1. Hold a discussion regarding City of Denton Board and Commission appointments. a 4 1~ i„ C E R T I F I C A T E 41 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 1987 at o'clock F % (a.m,) p.m. l r M I , 1 CITY SECRETXAT~ 2680C er r , ~ r+ r r ? r r. .r a~ CITY of DENTON, TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 76201 / TELEPHONE (8171 M6.8200 MEMO R A N D U M v , TO: Lloyd Y. Harrell, City Manager I , FROM: John F. McGrane, Executive Director for Finance DATE: June 18, 1987 j,o SUBJECT: BUDGET AWARD PRESENTATION , y. F . r = , The City of Denton has been awarded the Government Finance s Officers' Association award for distinguished budget presentation. It will be presented to the Mayor and members of tJ Council at the June 23 Council meeting. Ms. Debra Cole, Regional Director, kegion 13 of the Government Finance officers' Association, will be here to present the award. s y}t In order to receive this award, the Government entity must s` publish a budget document that meets program criteria as a , policy document as an operations guide, as a financial plan, and as a communications medium. the award is valid for a paricd of one year. This is a very distinguished award becar there are just a little over 200 governmental units in U. :nited I States that have received this award in the past. In ad-ition, r the City also received a specially notable classification in several categories. If you need additional informatior. regarding this program, M1 please advise. 5J n crane JFM:sin 1 2SS7F k f x 11Y1 ~a r ~4`t ' ti 4 ti a h q Yx' .,t'r S' 1 l< l Y 3 1 1 Y i AL Adami&Associates June 10, 1987 Mr. Lloyd Harrel City Manager - City of Denton 215 E, McKinney Denton, Texas 76201 REs placement of 4th of July Banner. 1 F Dear Lloyd, a I am writing to request placement of the 14th annual Kiwanie r Children Clinic fourth of July fireworks display banner ac- cross North Locust at the intersection of Pecan. The Kiwanis Club would like to have the banner approved 30 a '.A days before the 4th of July event. 1 would very much ap- preciate you giving me a call at 565-9902 to verify approval. The Kiaranis Club is very grateful to the city of Denton help- ing us with our events. I would like to thank the staff per- ,j sonally for the help they provided for the "garage sale" r banner. Hopefully this time we will not have 80 mile an hour 4 winds playing havoc with the banner. 'a Again, I would like to thank you and hope you are able to make the show. } t' f Sincerely, John S. Adami P,A dl+ ~ e f i ~ wY+7 ~ fe, t 1 t 0115 1981 f z Yf yr s' CiIY (5 ! 1 CITY Mir .,1 4 D 1 Commercial Real Pilate 645 Dallas Drive, Sulte 500 Iknton 7e>tas 76405 (AS71565-9902 i % X N61 4/ 3 r NORTR TEXAS STATE FAIR ASSOCIATION 1 n ~ Pneidrnt lluautNe Dk6mw; s' a, lame, Rodrs Vice Pit I Idrn V Lir s stock! Roy Crawford. or. VicePnsldent/8nnrtslnmuu/ June 15, 1987 Conunsnlal E■Aibler, ' Scott rwd Denton City Council Vic. Presiding/Ann, Events; r. WeldonBurovon 215 E. McKinney Vise Pro sident/rinenco Denton, Tx 76201 Adminlettuiont - t t h Bob Powers 666ntaar3 Dear ladies and Gentlemen, TreuivaR.let.r The North Texas State Fair Association requests permission +1 R°b•nK~l• to display two street banners promoting this year's fair, 0 1 atraot f it tI Ait,b August 21-29. ' ROf rt Hell lfits Bullock We would like one banner placed across North locust between 116Mny CIO all t' ,r lobbil$06e Oak and Pecan streets and onq banner placed across North ay t 1 T•y,dnee Elm between Oak and Pecan streets. If possible, we would M r, r`P TrooyL 634a like the banners installed August 3 and removed August 30. A. 0. ob wsm»a "n l Nlte Y.re The Fair Association wishes to express our appreciation ti'• d.nyw,banlgn, to the Denton City Council for their continued support of But Woolf this organization in its efforts to better serve our Kathy oar - Tad pndera tommu n i ty' la•Ortdale Directors: + t Coantriodp x vto lnr bee. )ame erely, , Lloyd Harrill, F 4, City Maritsa rr ' n CAuct Cementer. y ^ ' ' Presiding o! CUrabor ` s Ro den s r 9 t of Cootmase Reoorarr lord of Directors President/Executive Director x•X.Arm/tron6 North Texas Fair Association flirt Hannah, It. v 1 ! i V t ~ ?i t ~r a , p9 . ~1. 1it'~T rt u~ 4 V Y [ Jt , Tv, 1 ' ' r J t pl+ II"rl•. L 1~~ 1: t S y q,,, _ t a 1217 NORTH CARAOLL P. O. Box 1645 DFNTON• TFXM 76201 (117) 3174631 a g F T ~ i DATE: 06/23/87 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager i SUBJECTi PUBLIC HEARING AND ADOPTION OF ORDINANCE FOR S-193 1 1 j RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of May 27, 1987 and voted to recommend approval of S-193 with conditions by a vote of 6-0. SUMMARYfi, This is a request for an office/headquarters, training/activity center for the Cross Timbers Girl Scout Council on a 5.4 acre tract located at 4000 W. University Drive. BACXGROUND: f ~,a g' Approval of this request will not violate Development Guide policics o for this property since there is an existing specific use i a veterinary clinic at this location. permit for PR_OGRAMSI DEPARTMENTS OR GROUPS APPECTED: ^Ery Not applicable w g FISCAL IMPACTS There Is no impact on the general fund. ~ Respe ally submitted: w' 11 Prepared bys Ci Manager t~ Denise Spit y Urban Planner App ve M, Jeff Mey J~ Executive Director for i {3 Planning and Development 0656k . a 'tea.. ~?k t .i 'I PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: S-193 Meeting Date: June 23, 1987 1 I GENERAL INFORMATION f Applicant: Cross Timbers Girl Scout Council 1400 Crescent r Denton, Texas 76201 Status of Applicant: Youth Service Organizatica Requested Action: Approval of a specific use permit in an agricultural (A) district for the operation of an office/headquarters. training/activity center. Location and Size: A 5.4 acre tract located at 4000 W. s University Drive, The property is turthec described as Lot 6. Block E of the Ranch Estates Addition. Surrounding Land Use j and Zoning: North - Single family residence: A South - Vacant, agricultural; A East - Vacant, single family residence: A t West - Vacant, agricultural: A Denton Development Guide: Lod intensity area I SPECIAL INFORMATION Traraportations This property has access from U.B. Highway 380, a primary major arterial. The eastern existing driveway will be will closed be and the Ton P.10) feet of additional right-of-way is required for Highway 380. f utilities: An existing 611 water line under Highway 380 to the property has sufficient capacity for the office use. The existing 11" sever line in Highway 380 will serve this pre;erty, <1; b, (Case 5-193) Page Two SPECIAL INFORMATION (Continued) Pro rata fee must b3 paid for sewer line and structure must be connected for service (property currently served by septic system). Electric service is available. A main extension will be required if gas service is desired. Drainage; A portion of this lot is located in the floodplain and a portion is in the floodway. Developer should raise floors in existing building to one foot Move 100 year storm elevation. Major renovations and additions will involve a drainage improvements, A driveway culvert will ultimately be needed. Capacity of borrow ditches should be checked and site grading may be required. l HISTORY i I M In 1971, the City Council approved a specific use permit for a { veterinary clinic at this location with the following ( conditions: 11 1. No cattle may be kept on the premises. 2, All primacy structures shall be constructed of wood or masonry. 3. A screening fence shall be erected along the north boundary line of the tract. The property has been vacant for several years. ANALYSIS The following is an analysis of the request for the office site Let the Cross Timbers Girl Scout Council: J 1. Intensity: This property is located in a low intensity area that is currently under the standard by approxi- mately 63% based on existing zoning and existing land f. use. Approval of this request will not increase the intensity for the tract since there is an existing specific use permit for office use in place. 2. Office/Retail Concentration: More than four (4) acres of office/retail ).and use is located within one halt s 4 mile of this site. T (Case S-193) Page Three ANALYSIS (Continued) 3. Parking/Access: Access to the property is from U.S. 6 Highway 380, a primary major arterial. The easternmost existing driveway will be closed. Ingress/eg_ess to the property will be via tiie existing remaining driveway. Parking consistent with Zoning Ordinance standards for office use will be provided. 4. Screening: A six (6) foot solid wood fence was placed } e along the northern and western property lines to screen the buildings from adjacent residential properties. This fence is currently in poor condition and should be repaired. S. Landscaping: No landscaping is shown on the current site plan. The developer does propose to install landscaping at a later date. 4 6. Development Standards: This proposal is consistent with Zoning Ordinance Standards concerning height limits, setbacks, and floor area ratios. M RECOMMENDATION The Planning and Zoning commission considered this item at its meeting of May 27, 1987 and voted to recommend approval of 5-193 by a vote of 6-0 with the following conditions: 1. That the six (6) foot wood fence along the northern and % western property lines be repaired to form a solid screening fence. 2. Overnight camping is not permitted at this site. ALTERNATIVES ;r ` 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS ' 1 III 1. Location Map 2. Specific Use Permit Site Plan 3. Reply Form Totals y 4. Property Owner List S. Minutes of the Planning and Zoning Commission meeting of May 27, 1987. ~x . i 19149 i 11 ~ -p • 1 X\N -34 I A x ^ x S-193 1 f fI PD-13 NW-11~.-380 rD-84 1 Li i ~ u r 1 ^ PD-85 ~ ~ ~ r 1I V / un l 1. W.t na n.. - G1 I wrnw ru. wi rs. .•nu u+r r..n.-ur•n n rrn+yn.rt w•A rrnwn 14/ a/ All w rr~i.~i•i~rw~ is rn rt.~ tis6Wr. R~r 1~11ttl Raw~Y \ LL f ' AIRY f ~ 41~~IM td la 1-AI • # 1 5.450 ACRE! AAUn Asum?" w wl f` ,ta ylI r un an f r rNOiNr1i1INN . S-it3 y y 9 { I F PROPERTY OWNER REPLY FORMS CITY COUNCIL S-293 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received A. t; H tl , i' j ,ry d y y y 2 .v il~ t S f y ~yl '"yA ! 1 w K~ 7 ~ r y, r5M v !n ±1 t• vwwn..,. 3L fr r ~ \ I t/ r T ~ IS s- r93 U ~ 1 Scs 0oleo !\e61rt c SMrM~ r 1 'i '~/6 eer~gt !'oe~< t 4t0) A~ TY r74 Aef ~ ~E/d gso•s -co,co Judiih caIto JLdo 1,^;6dscr A►. Av„fc„~ Ty N I ; ~ ~ t Jr 3 y070 ~3 $ SOS OO ~Gd /~ir3. IQar;4eh - CCcWCR R_ i 1 ~ +r .^f , 1 k h~ l %DM pE~ti`4 , y ~'4e ~e ~s 4ros• ~ pos•ao Jo ~ ra , ~ ;r f Aa6~. TX 941209 ✓,~~Y 11 ~Y ,i I~ ~1 »t ~ ti. ~o~o -E gsos op6cw ' f k n y' ~ } F t u i r r 1 ~1 fT jj, s i 1 X21. 2 a y V , E t a■ki} r , ' 6• ynaq `~'~8~ r79E1 -eosos cony Griecrs U em feo 7)r ~6 _101 t 40,t8 rI~9 9911 - co ycc , ~ ft r t 8 ;yoa8- I1~ 77c1- Coioo r. Crfo, Tr, 7 ti If, 4 I i Y r~', it y A i L 4 M1 0 X14 y 11~ ^ . ICI a l Y y µ L ! Y~~ : 1 N a 4 , j Minutes Planning and Zoning Commission May 27, 1987 The regular meeting of the Planning and Zonin Commission of the City of Dentom, Texas was held on Wednesday, gay 27, 1987, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Eullne Brock, Bill Claiborne, Ruby Cole, R. B. Escue, Jr., Ivan Glasscock and Judd Holt j Absent: William kamman Present from Staff: kli:abeth Evans, Planning Administrator; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Rick Svehlo, Deyuty City Manager and Executive Director for Public Works; Robert Nelson, Executive Director for Utilities; J0-n McGrane, Executive Director for Finance, Joe Morris, Assistant City Attorney; David Ellison, j Assistant to the City Manager; John Cook, Fire Chief; Steve Brinkman, Director of Parks and Recreation; Jerry Clerk, City Engineer; Ross Litman, Emergencyy Management Coordinator; David Salmon, Civil Engineer, Mal Sundaramoorthy, Civil Engineer; and Susan Initchell, Secretary Chairman Bill Claiborne called the meeting to order. 1. MINUTES: Mr. Claiborne stated that on page 4, paragraph 7, ffe 7 st sentence should read... "Mr. Claiborne stated that in an area of light industrial a residential street classi- fication would not be applicable." Mr. Claiborne stated that on page 6, paragraph 12, the first sentence should read... "Mr. Claiborne asked about the effects of having a road from Spence: Road to the Mayhill Interchange 1 of Loop 288 to connect the loop to 1-35." It was moved by Mr. Glasscock, seconded by Ms. Cole and unanimously carried (S-U) to approve the minutes of the regular meeting of May 13, 1987 as corrected. 11. MALE A RECOMMENDATION lU Thh CI11 COUNCIL ON THE U1'2LIll CAPITAL IMPROVEMENTS PEAN. STAFF REPORT: Mr. Nelson stated that the Public Utilities oar as recommended approval of the Utility Capital Improve- ments Plan and the plan was explained to the Commission at the last study session, He said that he was available to answer ' questions. ° DECISION: It was moved by Mr. Claiborne, seconded by rF~Escue and unanimously carried (5-0 to recommend ap- s proval of the Utility Capital Improvements Plan. Mr. Holt arrived at the aueeting. III. PUBLIC HEARINGS 5.193. Petition of Cross Timbers Girl Scout Council requesting a specific use permit in an agricultural (A) toning district on a S.4 acre tract located at 4000 West University Drive (U.S. Highway 310). The property is further described as Lot 6, Block E Rtnth Estates Sub- division. This property is currently the site of on abandoned veterinary clinic. if appproved , the specific use permit will allow the utllitation of the existing structure for use as the office/headquarters of the t.ross Timbers, Girl Scout Council. Six notices were mailed to property owners within 200 feet; one replyy form was received !n favor, no reply forms were received In opposition, 1 r , Y G Z Nli mutes May 67, 1987 Page 2 PE111101SER: Carol Roberts, Executive Director of the Girl couSunci1, stated that the existing building will be used for the Council offices such as the executive direc- tor, registrar, store !eeper, secretary, receptionist, and field staff. She stated that the conditions recommended by staff are acceptable to the Council. Ms. Brock asked it they are remodeling the existlgg building. Ms. Roberts s'.ated that they would be doing repair to the existingg building so that the Council can relocate offices and 1n the future the stalls in the back of the building will be remodeled and landscaping will be done to improve the property. IN FAVOR: Fran Johnson, office staff, stated that it wou a very nice to have a builaing to facilitate the Council and wo+,ld appreciate the Commission voting In favor of the toning change. Dixie Clardy, who has been with the Girl Scouts for 37 years, state that when she began with the Girl Scouts there were 87 girls and now the population is near 1,000. r' She said that they are in need of larger facilities and would appreciate the toning change. OPPOSED: None present. STAFF REPORT: Ms. Spivey stated that in 1971, the City a ounZcII approved a specitle use permit for a veterinary 1 r` clinic at this location wlth several conditions. She ad- ded that the property has been vacant for several years. j She said access to the property is from U.S. Highway 380 4 and the easternmost ealsting driveway will be closed. She said that a six (6) foot solid wood fence was placed along s the northern, eastern, and west.,rn property lines to screen the bulldinQs Erom adI :cent resldentiet properties. She said that this fence Went in poor condition and ' should be repaired. She said that no landscaping is shown on the current site plan and the developper does propose to install landscaping at a let#- date. She added that staff recommends approval of 5-193 with conditions that the fence be repaired and that day and overnight camping be prohibi- ted. f.? Mr. Claiborne asked why day camp facilities were opposed. Ms. Spivey stated that there were concerns from an adja- * , cent property owner about noise problems. F, Ms. Brock asked about the drainage problems. Mr. Clark stated that if the existing building is used there would ' be no increase in the problem, but if extensive remodeling is proposed the drainage should.be addressed. The problem is caused by lack of culverts and the downstream drainage problem. Mr. Morris advis,d that the ordinance needs to be clear os " to permitted uses. He asked if this site would have troop meetings and what are day camps and why is day camp exclu- ded. Ms, Spivey stated that meetings would be held Indoors and no troop meetings would be held outside. Ms. Brock asked if the adjacent propertyy owners were op. posed to a specific kind of activity. Ms, Spivey stated that a neighbor was opposed to noise. Ms. Brock stated that there are a lot of amblfuitles. Ms. Spivey stated that the Commission can eliminate the particular condition or add, Mr. Claiborne stated that the commission could say no overnight camping. r lw P 4 2 Minutes May 27, 1987 Page 3 ` a Mr.rMorrts stated that the Commission needed to be clear on what activities would be going on and not going on. He said that this ordinance needs to be clear on the lssur of administrative/office uses. Ms. Roberts stated that this prcperty would be used as primarily office space. She said that occasionally there might be a meeting or activity. Mr. Glasscock asked about a training session, Ms. Roberts said yes possibly. Mr. Claiborne asked how many would be at the site at one time. Ms. Roberts said that it would be unusual to have more than 100 at a time. Mr. Claiborne stated that the noise is not a problem be- cause of the fence. He added that the Commission needed j to know about the traffic that would be put on Highway 380. 1 He said that he is tempted to put a lilt of 2S0 on this specific use permit. Ms. Roberts said that she would have E no objections. Mr. Holt stated the limit would 'ue diffi- cult to enforce. Mr. Claiborne stated that he was suggesting this to pro- vent a jamboree or council type act vltles. Ms. Roberts said those activities would be held at a larger site. Ms. Spivey stated that a possible condition could limit " all da outside y group activities for more than one conse- cutive day. Mr. Holt stated that this is a condition that n could not be enforced. ± Mr. Morris stated that the Commission could add to the administrative/headquarters a statement permitting the site as a training/activity center. t REBUTTAL: Ms. Roberts stated that the fence to the east ~f is not owned by the Council and will not be repaired. Chair declared the public hearing closed. DECISION: Mr. Claiborne stated that he does feel the need o~Eence and re air on the sides that the Girl Scout Council owns and feels the fence would enhance the oilers. ti on. He said as for the land use he felt the overnight ti emmping should be prohibited. Ms. Spivey stated that the engineering department has stated that a fence cannot be built on the eastern side where the Council property ends because of the floodway. r w Mr. Glasscock moved to recommend approval of 5.193 with the following conditions: «r 1. That the six (6) foot wood fence along the northern and western property lines be repaired to form a solid screening fence. 2. overnight camping is not permitted at this site. " Seconded by Mr. Esr,.e and motion unanimously carried (6.0). t~{d B. PALLIMINARY AND FINAL REPLAT Of THE FOXHUNT ADDITfON. Part o Lots an . STAFF kLPORT: Ms. Spivey stated that this is an 0.9 acre trac"Taied at the northwest corner of Kendolph Street and the Interstate 3$ East Service Road and is toned gen- eral retail (GR). The developer 1s proposing an addition r h I i I 1843L 6 A / T NO. ) AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A GIRL SCOUT COUNCIL OFFICE/HEADQUARTERS AND ACTIVITY/TRAINING CENTER, AS SAID PERMIT APPLIES TO 5.4 ACRES OF LAND LOCATED AT 4000 WEST UNIVERSITY DRIVE (U.S. HIGHWAY 380); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND E PROVIDING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Thata pursuant to Article 10 of B-Zoning of die Code of Ordinances, a specific use permit ppforia Girl Scout Council office/headquarters and activity/training center is hereby granted for the property located at 4000 West University Drive (U.S. Highwat 380), being more particularly described as Lot 6, Block E, Ranch Estates Addition. I SECTION II. That the property shall be used and maintained f in acco~ r- lance with the site plan shown in Exhibit "A", attached hereto and incorporated herein by reference subject to the following conditions: and shall be 1. That the six (6) foot wood fence along the northern and western property lines be repaired to form a solid screening fence. 2. Overnight camping shall not be permitted. SECTION III. The Zoning Map of the City of Denton, Texas, adopte Re t day of January, 1969, as an Appendix to the Code r of Ordinances of the City of Denton, Texas, under Ordinance No. 69-10 as amended, is hereby amended to show such permitted use, subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas,- hereby 'finds that such change is in accordance with a A comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reaso:sable consideration, among other things, for the character of the 44 district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. i . e f 3 i f I SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued there- under, 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 ordi- nance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION VI. 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 Dento•~, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION VII. That this ordinance shall become effective fourteen ays from the date .of its passage, and the City a { Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, F the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. Y_ 9 PASSED AND APPROVED this the day of , 1987. a . A S P E , MAYOR f' ATTEST: f .y 4 „4,r JENNIFER AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY eiwti^ BY. 5-193/PAGE TWO 10 i iv • . \71 ur 4 Y.~ ur i4.1 ut S u~ / ~ I.IIOLRR t•• Mt IM MRlnlrll. M / I[IR! IWlry/1~r1 11 Iu0.Mr~R {I~l~ IW~Mtr• N ~ Al rrts•R.,~S"L'.n.1a rw nr rt..t~ ti ' wor \ rr n.I R~sud '_r'i~~.~il.' ~ Py °rirwruw auui ~ \ 1 5.450 A[nfS I MM 10 L~ M/rM1T • • • \ i ' X%" - - 'ff yy f DATE: 06/23187 CITY COUNCIL REPORT FORMAT j { T0: Mayor and Members of the City Council ( FROM: Lloyd V. Harrell, city manager { ! I i SUBJECT: Public Nearing and Ordinance Adoption for Z-1858 6 RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of June 10, 1987 and voted to recommend approval of z-1858 by a vote of 7-0. SUMMARY: This is a request for a change in zoning on a 23 lot portion of the ;r Audra Estates Subdivision from the agricultural (A) district to the single family (SF-7) classification, The property is located on the east side of Audra Lane at its intersection with Lattimore Street. 4 , 1 Z ^r BACKGROUND: 1 The City Council approved a plat for SF-7 lots on this property in 19814 At that time, only a portion cf the property was zoned single ' family, the remainder was zoned agricultural. This request complies with Development Guide policies for low intensity areas and will bring the zoning into compliance with the plat, PROGRAMS/ DEPARTMENTS OR GROUPS AFFECTED: i e Not applicable. 4 FISCAL IMPACT: Thia ia no impact on the general fund. `t{6 '11 Respect ly submitted: s j "0/ Prepared by: City anager r'niae Spivey urban Planner App ve f Jeff Me Executive Director for Planning and Development PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No.: Z-1858 Meeting Date: June 23, 1987 t GENERAL INIORMATION t t a Applicant: City of Denton 215 E. McKinney Street Denton, Texas 76201 i Requested Action: Change in zoning from the agricultural (A) classification to the single family (SF-7) district. Location and Size: Consisting of 23 lots located on the east side of Audra Lane at the intersection of Lattimore and Oak Tree streets. Surrounding Land Use and Zoning: North - Single family residences, vacant; A South - Single family residences, 'VC vacant; SF-7 East - Single family residences, vacant; A West - Single family residences, church; A Denton Development Guide: Law Intensity Area i SPECIAL INFORMATION Transportation: Improvements to Audra Lane, a secondary major arterial, were completed with the construction of the subdivision. Access to residential lots is from Lattimore and Oak Tree streets. Utilities: The property included in this request is served by 8" sanitary sewer lines and 6" water lines in Lattimore and Oak Tree streets. Drainage: Drainage improvements were installed with the construction of the subdivision. y 4 .j i u. r r *,R1.CV tlw non r. Y .r _ ♦Y roe...P W`.i,., ,r.. r. r ..f r. .r. e. 'r ~M Yr,Y'Jj idy j. • (Case 2-1858) Page Two HISTORY The City Council approved the final plat of the Audra Estates Addition in 1984. At that time, only a portion of the approved subdivision was located in a single family (SF-7) area whil- the remainder of the property was zoned agricultural (A). Staff recently discovered the inconsistency and is processing the j current request to bring the zoning into compliance with the plat, { ANALYSIS This property is located in what the Denton Development Guide identifies as a low intensity area. These areas are our primary housing areas in the city. This proposal is consistent with low intensity area policies and surrounding land uses. Furthermore, approval of this request will bring the property into compliance with approved plat. _r RECOMMENDATION 4 The Planning and Zoning Commission considered this item at its meeting of June 10, 1987 and voted to recommend approval of 2-1858 by a vote of 7-0. ALTERNATIVES 1. Approve petition , 2. Deny petition ATTACHMENTS 4 1. Location Map 2. Approved Plat of Audra Estates Addition 3. Reply Form Totals 4. Property Owner List s. Minutes of Planning and Zoning Commission meeting of June 10, 1987 t ' i 0578e -f MF-I I 0 - PD- 4 c SF' . ' F'! ® __V _i PD-111 F.1 I IF PL) 40 LJO PD-9 ! NS " 1 I _R ; S-172 s F 7 gyp' IWR PCs MF•1 MF.l H Li FV sa9ao$'o:"E ee9.7a' Sep ao C1' SC'fllr3l' 1,-762 .3 8L0 K4 8 :bTa ai aD' {004 ,ru r 46 t-W LATTIMORE STREET ' 10 Row. N r s/f~ bM a0r 70 71.29 43In $0.0 . I r 60 44.09 9 3 , . ~1 3 M_""' l A!e a o ~7 it'WU b k us i [srr. 1TT1AfORE ST, 30 Pip Nee034'344W 1434 4 606 46360 1 n.u [ .a4 s !Y O w' I~ tr I riOA+ u0,34 r 5 OG ? $ 1 W Is YC SUAVE), 3 a = 1! J O O F-! u , Al. E.P. CO. SC'R1'f 13 ~ r /1340 ><t , c4) t r ~s9 n ' Ar r' IN elvi 1"W "47' " 1 g4 K J4 { 13 ' Q?' 4444 ? BLOCK A 0. W,' MINSMEx a V S. FINCHER sr '3 --t -Z 0 @1 1"a.410 +u4u. Vol. 956 Pg. 194 0. R. ~ RowL44WCa+urrr "ROSA LANE 41 a / vw . 29$ 7a. 6t , a C oil Ac u'4'• - { r a C7' 1g W r 13 s f 1 R,e s erSl'41"c 13220' , is, ~r4, It /a. 41.0 • u.o unr lITE t e' Joe, o 4 r r'~ t)lmmegs nL P4 u ~a 4 r~ r © , . Q ®r P a b~ ! LOCATION MAP .~[f eowuwre.rro wn. I 4 2p00 q1fftL__.. Not 0 u a. r a. CUIIVt DATA Q13r [ eOwL. gem?. L T I i 4 E 3 ! ti LS[ ML7.Df11Y3 A + 12 ' 13 114 i i3 1/ 193.74 Will 31.79 _ _ I I _ ! y f 2VhT27» 22%74 $2.03 41.40 . _ .i.... L _.......1. L, ' \ ~7 ow 241,74 91.32 44.19 iA 112,11 21.17 14.14 1-----. * +1.!.C~r 2 4•rd33' 13111 34,42 1130 tr, 14t11 40.44 2%44 Or4N • A.'NA09 $LACAFCRO `r $44 1711 A UDRA ESTATES Cdrsl4d44 , ?fide 77110 l1NAL PLAT ~;F PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1858 i IN FAVOR IN OPPOSITION UNDECIDED Mickey Via None Received 1421 Hollyhill Denton, TX > :r L p f A y 1 i q r r X17} r - q n w! S'i,~ r e ~ Y;a 1 '.\yn5~ .'r. r r,w, t ` l= k r, P r < r <L. i F. e _.w+'.wuuy 1 lBSg (i3-' i { r'?~'P 1= 1 ado CrRC 0 w✓~„ ),,A lu,~l Cewtle,,. ~/c~ llaG AZ.C~/tuC/~i.il1 l~A.. ~~,7GJ r[,., '~ScoG p uhe~. ?(,aG4- Lof 7S119BF ! 9co ~1 /t' ,l CC7, II ~L r~l.l 1 f }/i 7 dJc'~r~, fie le")Cv 7 ~11 d lot 11 Qc 4 ovirco j ~~J a 1 - s 71 16p, i 1'l3/1E .q ,~c o Son n?. . ar ! 1 I a ! ~f l~ L1 ~1c,~Jr,~G~cr lcs ~t J060 odo S.. ^ a39o -cc rco ~l Sal f 46.141 0 - 00 go/ N 14) J ~4{i 4A A , oFJ 1 05" 05 1 9 L Als 5G9 Sok11Pi n kit F- Lo l7 0,( Q - A3 i~, c Hof la role os v ,1G~r.` [°~r 1~~ 9 0 -nos~i Lof ,jo le o yo o 5 - 5- ` n?, r 11 3 u i L f.Al 3r,~~ 8 oa z 9 r s u'«e SriU4 io s f~ K v o0~'9~ Tslti , ~ os ~ f c. o ~ ca~~ ri } go~oosq 5" .cA SO o 0.i J lotaG 8 osoo t fad Item 4osoo Goa 00 + d r. oLo~ „ 8r a 40s00 60.1 4 lcf,? 73r, o->~. , 0 0 o of !f I,a $ p oLo br 3 sao b a ~ fr '1 s n to L f• B 0 oso o W ~ 89oszo o t g f, oroo /r f B a. ry0SOC r~ L tro~Ia soo4i3 rl Dc a, qo,.: m r 1 4f r b!. C. osCOG r s" Co~;,,aU,~_ Hof I 8 4 0 ~o o(f f 3 c ~ oo lei `t t~- Ic osoo Gr ~ I hr 81L 8 o Soo to r~ LrJ p 31G 6' soo La>!l ~lC. 4os'cw Gad, LcEfx 1C os~ o F.~. ~ f! !G. 05G O .~3 it i i ff I s r; j 'P l i P Q 2 Minutes June 10, 1987 Page 2 cess to the school. He said that this proposal does not meet the technical aspects of the Guide but it does have merit. Ms. Brock asked if there would be access to the general retail from the multi family. Mr. Burke said that there is no access proposed. Mr. Claiborne arrived at the meeting. IN FAVOR: None present. OPPOSED: Mitchell Turner, 2008 Stonegate, stated that he j i Wised because the proposal is In violation of the con- f centration and separation policies of the Guide. He said that if the proposal did not violate the policies he would still be in opposition because the multi-family and general retail are not compatible next to a school. He said a safe environment for a school would be a park, church or single t femily homes. I STAFF REPORT: Ms. Carson stated that the property is lace- -R-in a-1ow intensity area and the primary purpose of low intensity areas is to Insure the overall land use balance by controlling the density and intensity in the area. She said that the planned development on the north includes a one acre general retail site and based on measurements by staff, the general retail in the moderate area at the car- ner of Teasley Lane and Hickory Creek Romd is 1/2 mile avay from this site. The proposed retail would violate the concentration and separation policies. The planned 'v developpment to the north includes 89 condominiums and 200 J ■ultI- sally units. An additional 200 multi-Emaily units j would violate the concentration and separation policies. ` The proposed land use appears to be Incompatible with the y Y adjacent school sJte based on traffic circulation and safes s.y tyy considerations. She stated that staff recommends denial of 2.1111. REBUTTAL: Mr. Burke stated that they will be usin less than acres of the general retail site for genera retail use. t i + Chair declared the public hearing closed. i DECISION: Mr. Claiborne stated that he did not feet that a I multi-family and general retail uses are appropriate or compatible next to a elementary school. He added that he had traffic concerns. .r r Mr. Escue stated that this proposal does not Include a "rt sufficient enough change from the previous cubalttal to warrant a change in zoning. Mr, Holt moved to recommend denial of 2.11e1. Seconded by Mr, Escue and motion unanimously carried (7.0). 8. 2.1651. Petition of City of Denton requesting a change in ronrj from agricultural (A) to single family with 7,000 square foot lots (SF•T), The property is located east of Audra Lane at the intersection of Lattimore Street and Oak Tree Street and is described as Lots 20.28, Block Al Lots 1.11, Block B; and Lots 8.10, Block C, of the Audra Estates Addition. f ` Eleven notices were moiled to property owners within 200 feet= one reply fora was received in isvor, no reply forms "I were received in opposition. p, r x I I e 6 Z Minutes June lu, 1W l rage 3 i ' PETITIONER ANU STA.F REPORT: Ms. Spivey stated that this property is located in a low intensity area and this pro- posal is consistent with low intensity area policies and J surrounding land uses, She said that the City louncil Ili approved the final plat of the Audra Estates Addition In 1981. At that time, only a portion of the approved dl- vision was located in a single family (SF-7)area while the remainder of the property was zoned agricultural (A). Staff recently discovered the inconsistency and is process- ing the current request to bring the zoning into compliance with the plat, She added that staff recommends approval of 2-1858. IN FA4'OR: None present, OPPOSED: None present. Chair declared the public hearing closed. DEC81510N: Mr. Glasscock moved to recommend a proval of Z T ' 31 . Seconded by Mr. Holt and motion unanimously tarried (7-0). C. pAEL111I1ART AND FINAL REPLAT OF L01 10 OF THE PONDER S1AFe REPORT: Ms. Spivey slated that this tract is .118 acres located at the southeast corner of Scripture and Fry f Streets. She stated that a planned development. (PL) for a medical office has been approved on the corner lot and the other lot is zoned multi family She said that the purpose of the replat is to create two lots approximately d, 209 acres In size. She added that the Development Review I Committee recommends approval PETITIONER: Brian Burke, Burke Engineering, stated that ``ry f?=r he was available for questions. u, H f IN FAVORt None present. ' OPPOSEDi None present. t Chair declared the public hearing closed. t" DECISIONI Mr. Escue moved to recommend epprct•al of the + 3j pre m nary and final replat of the Ponder Addition, Lot 10. Seconded by Ms. Cole and motion unanimously carried Meeting adjourned at 5:00 p.m. i r. ~ ~7r,, 4 r ~f- 1 11 V r l I i y' i 17981, 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. 69-11 AS AMENDED, AND AS SAID MAP APPLIES TO LOTS 20 THROUGH 28, BLOCK A; LOTS 1 THROUGH 119 BLOCK B; AND LOTS 8 THROUGH 10, BLOCK C OF THE AUDRA f ESTATES ADDITION, LOCATED EAST OF AUDRA LA14E AT THE INTERSECTION k OF LATTIMORE STREET AND OAK TREE STREET, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO SINGLE-FAMILY "SF-7" 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. WHEREAS, the City of Denton has applied for a change in zoning from agricultural "A" to single-family "SF-7" for Lots 20 a ` through 28, Block A; Lots 1 through 11, Block B; and Lots 8 through 10, Block C of the Audra Estates Addition located at the a _ intersection of Lattimore Street and Oak Tree Street; and Y WHEREAS, on June 10, 1987, the Planning and Zoning Commission held a public hearing on the application and recommended approval thereof; and, WHEREAS, on June 23, 19871 the City Council held a public hearing on the application; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Zoning Classification and Use dasignat on app icable to all or part of the property described as Lots 20 through 28, Block A; Lots 1 through 11, Block B; and Lots 8 through 10, Block C of the Audra Estates Addition, is hereby changed from Agricultural "A" District Classification and Use to Single-Family 'SF-7" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION II. The Zoning Map of the City of Denton, Texas, adopte the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-10 as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION III. That the City Council of the City of Denton, Texas, ere y inds 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 i district and for its peculiar suitability for particular uses, and with a view to conserving the valua, of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Each such person } shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any i such violations such persons shall be punished within the limits i above. II SECTION V, That this ordinance shall become effective fourteen rIT)--days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. ' PASSED AND APPROVED this the day of , 1987, f a ATTEST: i 1 I JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM; y DEBRA ADAMI LRAYOVI'ICH, CITY ATTORNEY NY. Z-18s8/Page 2 p 0923L U TT NO. j AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING 1 FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Rid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT r, 9752 3AGOE-PUBLIC CO. 5336.912.12 97% JAGOE-PUBLIC CO. 481.980.32 :a 4 1• C5 PI Y . a Q 1'r a` SECTION 11. That the acceptance and approval of the above compel tva 613s shall not constitute a contract between the City and the person submitting the bid for construction of such ~L public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written 1 contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive 'bids and the execution of contracts for the public i works and improvements as authorized herein, the Ci 7 Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the 23 day of JUNE , 1987. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY 9fnffW CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO DATE: June 18, 1987 CITY COUNCIL REPORT TO: Mayor and Members of the City Council I ! FROM: Lloyd V. Harrell, City Manager SUBJECT: BIDi 9752 LILLIAN MILLER PARKWAY PAVING & DRAINAGE I RECOMFIENDATION: We recommend this bid be awarded to Jagoe Public Co. for the combination of Items 3 do 4 as shown on the Tabulation Sheet-Item 7- for the total amount of $356,912.12 as the lowest and best price for the City of Denton. r SUMMARY: The low bid with the above combination Is R.L. Roberts Construction Co. at $238,325.85 which is $8,586.27 lower than the recommended amount as bid by Jagoe Public Co. This is the higher of the three combinations. The staff reserves the right with the Council's consent to accept either combination as shown in Items 6 at $345,774.62 or Item 5 at $338,349.62. We do not recommend accepting R.L. Roberts Construction Co.'s bid. He has contract, West Hickory & Welch that Is not complete. He is also the prime sub-contractor for North Locust which is not complete. 1 am of the understanding that both of these projects have not been worked even though the weather has been favorable. We cannot afford this slow or spasmatic schedule on the busy Lillian Miller Parkway. z, BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMEIITS ORfrGROUPS AFFECTEb City Engineer 1987 CIP Street Improvements Program FISCAL IMPACT: ti . There Is no further Impact on the General Fund. sa!! Respectfully submitted: ; oy Harrell City Hager Prepared by: ohn . Marshall, C.P.M. itlas Purchasing Agent Approved: J. Marshall, C.P.M. Fe:\,Jhn' C; Purchasing Agent 1 1 { I I I 1 lli 4 1 9152 1 DUININCK I 2AOOE I SUNMOUNT 1 AUS111 I R.L. I CALVERI I I BID TITLE LILLIAN MILLER PARKNAY I BROTHERS 1 PUBLIC I CORP. I ROAD I ROBERTS I PAVING I I OPENED MAY 26, 1907 201 P.M. I INC. I CO. I I CO. ICONSTRUCIION I I I ACCOUNTI I I I I I I I I I I I 1 I I I I , I----•--------I -------------i {---•---------I-------------I-------------I 1 I OTY I ITEM DESCRIP1101 I VENDOR I VENDIM. I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 a.-...--.----- I I 1 I I I I I I I I. I KILLIAN MILLER PARKNAY 1 354,477.91 1 288,597.51 1 306,641.11 1 394,615.14 1 289,471.51 1 315,311.11 1 I I- WAVING I DRAINAGE I I I I I I I I 1 I I I 1 I I I I 2. 1 ILILLIAN MILLER PARKNAY 1 357,614.15 1 296,122.51 1 795,715.11 1 402,576.39 1 296,696.51 1 322,732.11 1 ! I IPAYINI I DRAINASE KITH I I I I I I I I I IWTUREI RIP PAP I I I I i 1 I I I I I I I I I I 1 1 3. 1 " 11ILl1AN MILLER PARKUY 1 1 30,189.15 1 317,161.11 1 396,541.11 1 NB 1 3111196.51 1 325,217.11 1 I 1DRIVENRY IITH COLORED I I I I I I I I I ! 11t.111 O RIP RAP I I I I I I I I 1 f r i 1 I I I I 4. 1 111641 TURN LAMES Al 1 15,769.41 1 49,752.12 1 63,111.51 1 75,393.51 1 40,129.35 1 53,913.51 1 1 I ILOOP 208 NO 1-35 1 1 1 1 1 1 1 I I" I" I 1 i I 1 I S. I' II AND 4 COMBINED 1 426,247.31 1 331,349.62 1 449,743.51 f 471,118.65 1 337,64.85 1 369,221.54 1 f 1 I I I I I I I i 6. 1 12 AND 4 COMBINED I 4331383.55 1 345,774.62 1 459,818.51 1 477,99.91 1 345112535 1 3761645,51 1 I I' 1 7 I I I I 1 1 i 74 1 13 AND 4 COMBINED! 1 435,858.55 1 356,912.12 1 459,643.51 1 ND 1 348,325.85 1 379,121.51 1 I I I I I I I I I I I I 1 III BOND I YES I YES I TES I lES I YES I YES I 1 I` 1 I f 1 I I I I i t~ I I I I I I ! I I I 1 I siawwwfY,pY.~i:~L'iIWYU+.-W'..... i~. _.....~...«._i..-. . ..........r,:.yw'Lan.W I:~VWiY/YYM✓.~~atYYW(~AYMM.RA~~'~~~--.r. M1 l I:' t L 1 ~ t { i ciry of DENTON 215 E. McKinney / Denton, Texas 76201 r MEMORANDUM 1 r DATE: June 17, 1987 4s Bohn Marshall, Purchasing Agent T0: Engineer FROM: Jerry Clark, City SUBJECT: Lillian Miller Paving and Drainage Improvements r Division has evaluated the ticesf aYegexcellent k The Engineering Company for Lillian Miller, bid 9752• The p tion mate. and well below our original construTO ect betiawarded tos Jagoe the circumstances we recommend the p Public. LCc.~` Y erry., arm 0470E a, i; 1 'r!!t 1 ~ I.i . " r > a .r ry r l ;I i i DATE: June 23, 1987 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BIDE 9756 - AVENUE "C" PAVING do DRAINAGE {i RECOMIENDATION: We recommend this bid be awarded to the low bidder meeting I specifications, Jagoe Public Co. for the amount of $481,980.32. t" { SUMMARY: This bid invitation was sent to some forty Contractors and Suppliers. We received only two bids as shown on the tabulation sheet. We had seventeen Contractors to check out plans and specifications. I feel that the short t construction time required for this bid had some affect on the response we received. Y 4 BACKGROUND: Tabulation Sheet Memorandum form Jerry Clark,, City Engineer } PROGRAMS, DEPARTWTS OR GROUPS AFFECTED: ' Street Bond Fund NTSU Traffic at beginning of Fall Term. FISCAL IMPACT: 434-002-SB85-8504-9105 There Is no additional impact on the General Fund. r Respectfu y submitted: 4 k Y Yf~ NtY r ~ / f+~~. 1 i r Lloyd Y. Harrell City Manager ~f x I, e` Prepared by: 1~ • r &S ame n J. Marshall, C.P.M. Title Purchasing Agent Approved: i o n J. Marshall, C.P.M. Ti tl e. Purchasing Agent ,Y ~h I I I 1 I I BID 1 D 9156 1 JAGDE I SUNMDNT I I I I BID TITLE AVE 'C' PAVING I DRAINADEI PUBIC I CORPDAATION I I I 1 DPENEI JUNE 16, €987 2c11 P.M. i CO. I- I I S S ACCDUNTI I I € I t I ! I k I S € -------------I 1 1 DTY I ITER DESCRIPTION i VENDOR I VENDOR I 'V@NDOR VENDOR I VENDOR € 1....-----t------------------------- I-°°--------I-------------I------°°---I-------------I-------------I 1 ! 1 I I S 1. 1 1 TDIAL PRICE 1 481,901.32 1 516,226.01 1 1 1 I l T I I I 1 I ~ 1 T 1 I I I 1 I I I I f I III BOND I YES I YES I I 1 • I t I I I I i ( I 1 I I I I 1 ! I I I I I I 1 i. I 1 I i I t I` I I I I I I is l I 1 1 1 1 1 0 I r 1 C CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: June 17, 1987 TO: John Marshall, Purchasing Agent FROM: Jerry Clark, City Engineer SUBJECT: Avenue C Paving and Drainage - Bid 9756 The Engineering Division has evaluated the prices submitted by J Jagoe Public and they are acceptable. We recommend the project be awarded to Jagoe Public. Consideration by City Council on June 23, 1987 is essential to allow the project to be completed this summer before school starts. , 0470E 1 `Y p 15 X 1 1 1 Y' .Y {l. f r a J Y a\ ~I Wi r r. t 1-~ . i795L r NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR INSTALLATION OF A TRAFFIC SIGNAL INTERSTATE HIGHWAY 35 FRON CONTROLLER AT fHE TAGE ROAD INTER- SECTION WITH UNITED STATES HIGHWAY 380; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the City Council hereb a orizes t e layor and City Y approves and auth- resQectivel Secretary to execute and attest, State of Tezasthe agreement between the city of Denton and The controller at the intersectt nhofinlnterstate Highway traffic signal frontage road with United States Highway 380, under the 35 ters and conditions contained in said agreement which is attached whereto and made a part hereof. f SECTION II. That this ordinance shall become effective immed ace y upon its passage and approval. PASSED AND APPROVED this the day of , 1987. hf n5 f RA E , A t' ATTEST: E APPROVED AS TO LEGAL FORM: j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 5r' BY: t~ Ik y+ Agreement No. 'STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE INSTALLATION OF TRAFFIC SIGNAL CONTROLLER WITHIN THE MUNICPALITY THIS AGREEMENT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State" and the City of Denton, Denton County, Texas, hereinafter called the "City," acting by and through its duty authorized officers as i evidence by Resolution/Ordinance No. , hereinafter acknowledged by reference. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways, including Interstate Highway 35 and United States Highway 380, in the City of Denton; and WHEREAS, the City has requested the State to reimburse the cost of obtaining and installing a traffic signal controller at the Interstate Highway 35 frontage road intersection with United States Highway 380, hereinafter called the "Project; and WHEREAS, the State and City wish to cooperate in the construction of this ' project; and WHEREAS, the City desires that equipment to provided that is compatible with standard signal operation and a future closed loop system; and WHEREAS, it is in the best Interest of the City and the State for the City to assist the State in supplying traffic control equipment on the Project; and WHEREAS, on the 29 day of August 19 84, the State Highway and Public Transport J Too Commission passe Minute Order No. _8214] , approving the Project; and WHEREAS, the State Is authorized to enter into an agreement with the City for the Project pursuant to Article 6673-b, Y.A.C.S.; AGREEMENT j NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and peformed as hereinafter set forth, it is agreed as follows: .f Page I of 7 2/87 i Article 1. Contract Period This agreement becomes effective on final execution by the State and shall gg remain in effect as long as said traffic signal controller is in operation at 4 the described location, or unless otherwise terminated or modified as hereinafter provided. Article 2. Construction Responsibilities A. For, all items of construction other than furnishing and installing the traffic signal controller, the State will prepare the construction plans, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction as required by said plans. The State will secure the City's approval of construction plans prior to award of contract. 8. The furnishing and installation of the traffic signal controller will be part of the construction to be undertaken by the City, and the State will ream- burse the City for its contribution to the Project, as prescribed under Article 3, `Compensation,■ Article 3. Compensation A. The maximum amount under this agreement without modification is f A cost estimate of the work authorized under this agreement is markedF e•oo `Attachment A,• attached hereto and made a part of this agreement. B. The State will reimburse the City the cost of furnishing and installing the traffic signal controller as to the location and manner of construction as.shown and described in the plans ana specifications, C. The State will reimburse the City for properly supported costs incurred under the terms and conditions ofthis agreement. Costs incurred prior to the Issuance of a written •HOrk Order* by the State will not be reimbursed. Reimbursement hill be made by the State to the City for labor, equipment use, materials, supplies, travel expenses, and warehouse or material handling provided the City has paid from City funds their obligations covering Items of es costs previously billed. Article 4. Payments A. The city shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the State upon completion of the Project and the ! State's acceptance thereof, 8. An origninal and four (4) copies of the Billing Statement should be submitted to the following -address: P,O. Box 3067, Dallas, Texas 75221-3067 I 1 i Page 2 of 7 2/87 4 C. All billing statements shall be properly documented, summarizing the costs by description of work performed, quanity of materials and devices, unit price, labor costs, and extensions. D. The State shall make pay,ient to the City within thirty (30) days from receipt of the City's request for payment, provided that the request is properly prepared, executed, and documented. E. Reimbursement to the City for costs incurred under this agreement will be made in accordance with principles outlined in 48 CFR Chapter 1. Part 31, Federal Acquistion Regulation (FAR 31). F. Unsupported charges or charges after final acceptanle by the State will not R be considered eligible for reimbursement. The State will prepare a final audit upon completion of the work authorized or at any time an audit is deemed to be in the best interest of the State and the Federal Highway Administration (FHWA). Article 5. Personnel, Equipment and Material A. The City will use labor and supervisory personnel employed directly by the ;i City, and using City-owned machinery, equipment, and vehicles necessary for the work. In the event that the City does not have the necessary machinery, equipment, and vehicles necessary to perform the work; the machinery, equipment, and vehicles may be rented or leased as necessary at the low bid price submitted by at least two approved bidders. B. Reimbursement for the use of materials purchased by other than competitive bid procedures will be made only is such procedures are shown to be in the public interest and provided the State shall have given prior approval for the use of said materials. All materials used for the work shall be new and undepreciated. Article 6. Inspection of Work Ar The State and when applicable, FHWA, shall make suitable, frequent, and complete inspection of all materials, equipment, and the work of installation to determine and permit certification that the Project and its components f meet all applicable requirements of the plans and specifications in suitable condition for operation and maintenance by the City after its completion. 8, The City will provide opportunities, facilities and representative samples, as may be required, to enable the State to carry on suitable, frequent and complete inspection of all materials, and application methods, sufficient to afford determination and certification by the State that all parts of the installation and the component materials comply with the requirements of the approved plans and specifications. The State will promptly notify the City of any failure of materials, equipment or installation methods, and the City will i take such measures as necessary to obtain acceptable systems components and installation procedures without delay. i Page 3 of 7 1 2/87 i Article 7. Maintenance and Operation Responsibilities Upon completion of the Project, the City agrees to operate and maintain at its own expense, the traffic signal controllers as a part of the street system and agrees to assume the cost of all electrical power required for signal operation, including the electrical power needed during test periods. Article 8. Termination A. This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. i (2) By the State by writing notice to the City as consequence of failure by the City to perform the services and obligations set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control ooatoaat of the City. (3) By either party, upon thirty (30) days written notice to the other. B. If, at any time, the City fails to assume the construction responsibilities as prescribed herein or the maintenance and operation responsibilities for the street illumination poles In a satisfactory manner a determined by the State, the State reserves the right to assume the constructioi responsibilities or to arrange for maintenance and operation responsibilities at the expense of the ij city. fi Article 9. Indemnification To the extent permitted by lair, the City shall save harmless the State from all claims and liability due to activities of itself, its agents, or employees, performed under this agreement and which result from an error, omission, or negligent act of the City or of any person employed by the City, The City shall also save harmless the State from any an! all expenses, including attorney fees ' which might be incurred by the Statr in iltigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its agents or employees. Article A Remedies Violation or breach of contract terms by the City shall be grounds for ter- mination of the agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and In equity may be availed of by either party and shall be cumulative. Page 4 of 7 2187 Article 11, Disputes Should disputes arise as to responsbiiities and obligations as set forth In this agreement, the State's decision shall be final and binding. Article 12. Subletting The City shall not sublet or transfer any portion of its responsiDi Nties ' and obligations under this agreement unless specifically authorized in writing by the State. In the event subcontracts are entered into by the City, the subcontractors must adhere to the provisions of this agreement. Article 13. Amendments Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both pirties. Article 14, Insurance Prior to the City performing work on the Project, the City shall furnish to the State a completed Certificate of Insurance (Form 24,102 3-82} and shall s ; mairtain the insurance in full force and effect as long as tho.City is respon- sable for the maintenance operations of the traffic signal controller. F s Article 15. Successors and Assigns The State and the City shall not assign or otherwise transfer its rights or obltg+tions under this agreement except with the prior written consent of the other party. ^r i , r. i Article 16. OMB A-128 Audit Requirement A. The City shall comply with the requirements of the Single Audit Act of 19840 P.L. 98-502, ensuring that the single audit report includes the + coverage stipulated in paragraphs 6, 8, and 9 of OMB Circular No, A-128. 4.' Article 17, Inspection of City's Books and Records The State shall, for purpose r termination of the agreement prior to ` completion, examine the boots and records of the City for the purpose of k checking the amount of the work performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incured and shall make such materials available at their office during the contract period and for three (3) . Page 5 of 7 { 2/87 i' t f years from the date of final payment under the agreement, for inspection by the State, the Federal Highway Administration and the Department of Transportation, Office of Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to all records of the City which are direcly pertinent to this agreement for the purpose of making audit, examinations, excerpts and transcriptions. Article 18. Civil Right's Compliance I The City shall comply with the regulations of the Department of Transportation (49 CFR 21 and 23 CFR 710.405(b)) as they relate to non- discrimination;also Executive order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation (41 CFR 60). See Attachment B, "Contract Addendum (Nondiscrimination)." I Article 19. Minority Business Enterprise Requirements The City agrees to comply with the attached special provision "Minority Business Enterprise Program Requirements." See Attachment C. Article 20. Legal Construction In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegyal, or inenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other pro- vision thereof and this agreement shall be construed as if such invalid, ille- gal, or unenforceable provision had never been contained herein. Article 21. Governing Laws and Venue ' :R5 This agreement shall be construed under ano it accorJance with the laws of x : the State of Texas. Any legal actions regarding the parties obligations under this agreement must be filed in Travis County, Texas. r Article 22. Prior Agreements Superseded This agreement constitutes the sole and only agreement of the parties 7 < hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. a1 t E ,t. S~ Page 6 of 7 2/87 k" I IN WITNESS WHEREOF, The State and the City have signed duplicate counter- parts of the Agreement. d a CITY OF OWN THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating By: and/or carrying out the orders, Signature established policies, or work programs heretofore approved and authorized by the State Highway and Public Trans- ype Name an it e portation Commission: By: Signature DATE William C. Garbade Chief Engineer, Safety and Maintenance Operations 1 4 Y Date yy J v C t '".t r 1'i < i t a r° ,L ' 'J r J. , 1 A4 ~ tea t + 4 ~ " x ,,•:r Page 7 of 7 r 2/87 . •y {Y ~ ATTACHMENT B CONTRACT ADDENDUM (NONDISCRIMINATION) During the performance of this contract, tit of Dent Itself on , its assignees and successors in interest ere na ter re erne!o the "City"), agrees as follows: for (1) Com Hance with Re ulations: The City t ons re at ve o nort scr mination in Federallypassistedtprogramsa i of the U.S. Department of Transportation, Regulations, Part 21 and Title 23 Title 491 Code of federal 710.405(b), as they may be amended from timeetortf Regulations, Part , Code referred to as the Regulations), which are herein incorporated by t reference and made a part of this contract. (hereinafter (2) Nondiscrimination: The City, with regard to the work performed by IT ur ng t e contract, shall, not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontracts, including procurements of materials and leases of equipment, the City shall not participate either directly or indirecti in the discrimination prohibited by Section 21,5 and Part 710.405W of the Regulations, including employment c the contract covers a program set forth in Appendix practices when Regulations. pndi 8 of the (3) Solicitations for Subcontract Includin Procurements of Materials an u ment: n a TO c tat onset er' p or nego a on made by the City for work to be performed under ang subcontract, including procurements of materials or leases of equip- ment, each potential subcontractor the City of the City's obligations underpthis coshall ntracteandttheed by Regulations relative to nondiscrimination on the grounds of race, j color, sex, or national origin. (4) Information and Re orts: The City shall provide all information and reports requ re by e Regulations, or directives Issued pursuant thereto, and shall 11 IN other sources of infopermit access rmation,. Ititstfacilit eseasrmaay becdeter= mined by the State Department of Highways and Public Transportation or the U,S, Department of Transportation to be pertinent to aster. tain compliance with such Regulations or directives. Where any information required of a City Is in the exclusive possession of another who fails or refuses to furnish this Information, the City shall so certify to the State Department of Highways and Public transportation or the U.S. Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. Page 1 of 2 a . I i I (5) Sanctions for Noncompliance- In the event of the City's R°R. comp ante w th the Rona scrimination r the State Department of Highways and PublicsTransportation shall impose such contract 'Sanctions a$ it or contract, Transportation may determine to be appropr;a~es'lncludln"t of limited to: 4s but not ~ (a) withethholding of payments to the Cit i City complies and/or y under the contract until (b) cancellation to whole or in ' ruination, or suspension of the contract, in part (6) lncor oration of Provisions: ° paragraphs throw The City shall Include the r cure+nents of materials and leaseseofre subcontract, Including isions Regulations or directives issued quipment pro- f take such action with respect to a+rsuant theretounless exempt b . The City shallhe J the State Department of any subcontract or procurement as IE ,S, Department of Transportation ays and Public Transportation or the Uenforcin may direct as e g such provisions including sanctions for noraK"omyiiante, provided however that in the event a City threatened with litigation with becomes involved in, or is result of such direction, the Cit subcontractor or supplate as a the par of Highways and Public Transportation to enter to protect the Interests of the State, into such litigation and, in addict litigation may request the United States to enter into such litigation on, the city test the interests of the United States, to pro- tr ~ T Y4 5 1 F ~ 1 I 'h IS 'a " I l gar • Y tit ~ w L t L.t I t i h Page 2 of 2 r y k. I ATTACHMENT C SPECIAL PROVISION s MINORITY BUSINES ENTERPRISE PROGRAM REQUIREMENTS PURPOSE. The purpose of this Special Provision is to carry out the U.S. epartment of Transportation's policy of supporting the fullest possible participation of company's owned and controlled by minorities in U.S. Department of Transportation programs. POLICY. It is the policy of the U.S. Department of Transportation that bisav_anted Business Enterprises, as defined in 49 CFR Part 23, Subpart D, shall have the maximum opportunity to participate in the performance of contracts financed In whole or in part with Federal funds, Consequently, the Dissadvantaged Business Enterprise requirements of 49 CFR Part 23, Subpart D, apply to this contract as follows: { a, The City agrees to ensure that Disadvantaged Business Enterprises (OBE), as defined in 49CFR Part 23, Subpart 0, have the maximum opportunity to participate in the performance of contracts and sub- contracts financed in whole or in part with Federal funds. In this 4. regard, the City shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract, b. The City and any subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. I <y c, These requirements shall be physically included in any subcontract. , d. Prior to issuance of a work order to the City, the State will be f furnished a letter signed by an officer of the firm which specifies E the name of the eligible DBE's subcontractor(s) to be used on this I project, the work to be performed by the subcontractor(s), and the estimated amount of subcontract(s). PERCENTAGE GOAL. The percentage goal for Disadvantaged Business Enterprise ppart c pat on 7n the work to be performed under this contract is a minimum 10% of the contract amount, f! Failure to carry out the requirements set forth above shall constitute a 3 breach of contract and, after notification by the Department, may result in termination of the contract by the State or other such remedy as the State { deems appropriate, ithe State will certify the eligibility c,f the DBE. e 2/81: t 4 I` i S y STATE OF TEXAS COUNTY OF II ' r the duly appointed, Qualified and acting city secretary of the City of . Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance/resolution duly passed by the City Council at a meeting a held on , A.D., 19_, at i o'clock M. To certify which, witness my hand and seal of the City of .t Texas, this day of t9_____9 at u ry~I , Texas. , 8fy 1 r ' A G ' ti ^ r.} l :ifY~5 1 ~ ~ • 11yM1, '1.1 * t t t City Secretary o the My o kl" f J 1 ' J a Texas Y111 1 t~k t. 1 . ~~yy ull a rYri 7 .t',tE ~ Ii f f ra S i 13 1 : - t.1 J ti' Y at { 11 J ~R' j f t . .h ! , a.. t... r.r. vax rr. Byte f ~lrv',~ }`Q•'~ p. n b I Form No. 10711 . i f i CITY ATTORNEY'S CERTIFICATE hSTATE OF TEXAS Q I Q COUNTY OF Q City Attorney for the City # Of Taxos, do hereby certify that the City Charter y` of the Ctly of authorizes the city council to approve the execution of contracts by means of a resolution, and that the attached contract between sold City and the Stale of Texas, doted ar'; approved by Resolution passed and executed { fs valid and binding on sold City in se ' far as its o li w pprovaI and execution Is concerned. t ytq ° b ~Vt "6 ` ty Attorney City of 3 Y Yn„i, 1 !A 1 , r r.Y 44 .y 1 r r ,r ~Y t ;Y 'i Y , "ere"' the State Drp4r0"Cnt of liigNays and Public Transportation has %proposed a force Account Agrovaient for fugllrwsq,talion of signal fmprovt,tKnts on 1.30 frontage Roads; and Whereas the Department of Tramportation ties estimated that City parlici patfun In the plujl'ct will be for a rust of S19#3469 do lurnunt, to be fully reiahursed to the City through the force Arcou,lt Agrtem nt, flow Therefore. bE IT RLSOLHO by INE CITY COUNCIL OF 111! CITY Of DAILAS: Section 1, That the City Manager be and is 1101t'by authorl[ed to enter in contract with the State D.ipartasnt of Iliyhways and Public Tram to p for reimbursement of costs for installing traffic signal controllers oataInterstate Highway 30 frontage Roads at idluar St 1'Pt. Section 2. That the Director of firldme he did is hereby authorized to de- posit all relmbur.ed funds rwcived frcxn tht, Stdte Or•lrartrienl of Ilighwiys „ and Public Transllprtation pertaining to this Irrujr•cl in the following it-mer. General fund Acrouat 01?51 State Iliyhway Rehl.loul.IVIK•nt - Traffic Signals Work Authorisation GIP063 Section 3. That this resolution shall fate efft-tt. Ineuadldtely from and after ' \ M e 1 , its passage in accordance with the provisions of the Charter t,f the City of Dallas and it is accordingly so resolved. fl 1 ✓ 1 F 1 ~r APPROVED 8Y ,I r CITY COUNCIL i • SEP 14 1983 ti, a r City st-C10 1Y .I r , I 1.e n,v wr 00waea f M ~kr « Ilee/' lnl/y h she 4106lea 101A . y r ,'7 , frnQly.e► a h~Ur ,y A rd for 1 , `zAt 'f ~r►~Oti10. /•tV~G C~ 14111410$4 ~~S ~.1~•,f •~~.~/w/m .~sI"JV11Plot of 0404480441 CiY 11HOU LR 1 lLfi~ 01Y M'Aa -r COST ESTIkATE FOR CITY FURNISHED MATERIAL AND tQUIPFIhN] 1-35/380 ` ~ I• MATl:k1AL COST: ~ r UANT!'IY UNIT COST IUTAL COST EPAC 300 Eagle Controller A. Cabinet I B. Conflict Monitor I C. Solid State Flasher 1 ` L, Load Switches 1 r ' 8 55,679.00 ~ VI Digital Loop Detectors SiSINIS 16 $108 1,728.00 Warehouse Charge i01 740.UO Bolts, Splices, Lugs 25.OU r= Il. EQUIPMENT COST ~ ' c^ F < Truck Pick-up i $100 100.00 SO SO.OU III. LABOR COST: Field Supervisor Field Tech 1 14 x 10 Mrs 140.00 Clerk 1 12 x 80 firs 960,00 $8 x 2 Hrs 1e vv r ; r P''P r v° GRAND TOTAL COST $90438.00 0470E T ~ .t ,A y, µ f ~ "1 Y kt~hy~, 49 a °i} ft~ ell ` PIS \ F~ 7 4 f " J•: b#~~~''9YM1M19rw ~ 1 h' 5 f~ •r{ Y' ij~ ry„a 1 CP.i.,r r1 1 ~ P~ ii b^~i ~ }r 1~4'' i ' i P+ fl ,'rye' i % i city of DENTON ! 215 E. McKinney It Denfon, Texas 76201 { MEMORANDUM III _j w DATE: June 8, 1987 TO: Rick Svehla, Deputy Ci'y Manager FROM: Jerry Clark, City Engineer SUBJECT: Agreement with State Department of Highways and Public Transportation - Signal 135 at Highway 380 s~ti F, This agreement will allow the City to install an 8 phase Y' controller without special wiring that we can easily maintain. ,14 r The controller and cabinet will also be from one of two suppliers that we have approved. This standardization will s"'t s.c speed repairs through better stocking procedures for the two F accepted manufacturers. Costs to maintain an inventory for only two suppliers will also be an efficient procedure. rl The State has agreed to help us gain standardization with this agreement. a c r~ r ' We recommend approval of their cooperative agreement concept. } rYl ~ x ti•, . Jerry lark rs f.r'x ` ` 0470E ft ; h' r S I~ Y. t , 18S3L /.g RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING WYE STREET ON JULY 17, 1987; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Fred Douglas representing the Fred Moore reunion Committee has requested that Wye Street, from the intersection of Mill Street to the intersection of Cross Timber Street, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 5:00 p.m. to 9:00 p.m, on July 17, 1987, for the purpo~s of having a street fair; and i WHEREAS, Fred Douglas representing the Fred Moore Reunion ll Committee has assured the City Council that all residents in such block have agreed to the temporary closing of Wye Street; and WHEREAS, Fred Douglas representing the Fred Moore Reunion Committee has further assured the City Council that no alcoholic beverages will be served at the above-mentioned street fair; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: r i SECTION I. That Wye Street, from the intersection of Mill Street is LFe intersection of Cross Timber Street, a public Street in the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 5:00 a p.m, to 9:00 p.m. on July 17, 1987, for the purpose of having a street fair. SECTION II. That the City Manager shall direct the appro- h* priate Cify Department to erect barricades at Wye Street, from the intersection of Mill Street to the intersection of Cross Timber Street, at 5:00 p.m, on July 17, 1987, and to have the same removed at 9:00 p,m, on said date. t, i PASSED AND APPROVED this the 23rd day of Jung, 1987. , N M-791EPHENS, MAYOR ATTEST: JENNIFER ALTERS, CITY SMR-ETKA? APPROVED AS TO LEGAL FORM: k ,/a DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY t A' `I t, FRED DOUGLAS/FRED MOORE REUNION COMPIITTEE'S 1 PETITION for CLOSING of WYE STREET on JULY 17, 1987 FROM 5:1)0 P.M. UNT11, P100 P.M. 'On July 17, 1987, the Fred Douglas/Fred Moore Reunion Committee wishes to ,have Wye Street closed from the intersection of Wye and Mill Street to the intersection of'Wye and Cross Timber for 03 purpose of having a street fair .;.whereby, ex-fac+tlty members and students may visit the campus of the now defunct public school. Family activities such as a sack hop, egg toss, three- legged race, etc. are planned. Also, souvenirs and various food items will r be sold. All proceeds will go into a fund for a scholarship program. We realize that some citizens in the immediate area night be inconvenienced, F therefore, we respectfully request permission from citizens in the area and promise to do everything possible to minimize any traffic congestion. Herbert King, Pres. % Jean Cunningham, Vice Pres. z 'v We the undersigned, have read the above mentioned petition and will permit restricted traffic on July 17, 1987. NAME ADDRESS PHONE i] y V A~ k '1„'% t c#, ~ 1 O U "A lt~ r 11f i' ai L ' I 4A W ib r ` #q tee n i } 'el /I -ol xc a 5g 4. - _ i Y,10 12 r r , ,+G:y,.tt• :.a a'AAi=s' .•cJ.„~wi4~..•I,eq.WWA~nY'L y+II:T 'A•>" ~~[.lrw'rYT7~'i~'ra'~&'isltq'~l>. ✓GS he`''r-~i~'~'aw d 7iidds va°A :at'ds'iMJ¢d;7ud' +s Q9YSJA~'. i yi i t 1857L RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NUkSING CENTER FINANCE AUTHORITY; AND k DECLARING AN EFFECTIVE DATE. k WHEREAS, the terms of office of Chris Hartung, William K. Cole f ; and Denton William H, aand as members Centore FBoard inancef Authority having expired; and r °k WHEREAS, the City Council wishes to appoint their successors; NOW, THEREFORE, I { THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: hIj SECTION 1. That the following individcals are heroby appointed as t e oar of Directors of the Denton Retirement and Nursing Center Finance Authority: s. Lloyd V. Harrell Rick Svehla John McGrane {`r SECTION II. That the tern of office for said members shall be f or sTx`-(b)Y e a r s. t> r. SECTION II14 That this resolution shall become effective imme a e y upon its passage and approval. PASSED AND APPROVED this the day of 1987. > Y to RAY STEPHENS, MAYOR c i~ t r 11': r ArTES'r: ETARY- J , Y r III APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY a • { BY: { s r! A 1. A~ 4 4 i i t F r' R, ~aa ~'1 n rµ Y. i ti f'4 a l~ FILE r 1 ~M Ik 4 ~'4M fj t!Y