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HomeMy WebLinkAbout01-05-1988 ~f i F C' I AGENDA CITY OF DENTON CITY COUNCIL January 5, 1988 Work Session of the City of Denton City Council on Tuesday, January S, 1988, at 9:30 p.m, in the Civil Defense Room of City Hail at which the following items will be considered: Note: Any item lis:ed on the Agenda for the Work Session may also be considered as part of the Agenda for the 1 Regular Meeting. S:30 P.M. 1. Discussion of proposed agreement line with neighboring cities. 2. Discussion of proposed moderate node at Colorado Boulevard and Lakeview Boulevard. (The Planning and Zoning Commission recommends approval.) 3. Receive a report regarding the Dallas Drive median beautification project. I 4, Review draft contract with D.I.S.D. regarding joint elections. y S. Executive Session: A. I.egal Matters Under Se 2(e), Art. 6252-17 V.A.T.S. 1. Receive an update on the judgement of Maverick vs, the Cit of Denton and consider acT'Ton to en orce judgement, 2. Discuss Hawley vs. City of Denton lawsuit. 3. Discuss Pearce_vs. City and County lawsuit B. Real Estate Under Sec. 2(f), Art, 62SZ-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 62SZ-17 V.A.T. . 1. Consider appointment of a City Council Member to the City of Denton Municipal Court Advisory Committee. 2. Consider recommendation of a city appointment to the Denton County Housing Finance Corporation. 3 I City ^f Denton City Council Agenda January S, 1988 Page 2 [regular Meeting of the City of Lenten City Council on Tuesday, January S, 1988, at 7:00 p.m. In the Council Chambers of City Hall at which the following items will be considered: 7:00 p.m. Consider approval of the minutes of the regular 1. ~ meeting of December 1, 1987 and December 8, 1967. 2. Consider a request from the Cross Timbers Girl Scout Council ntothehang banners annual acrossaLocust and Elm Streets promoting 30 Public Hearings A. Consider adoption of an ordinance acrand es oErvice ximatelY Ian annexing "ppro p being part of the A. Gibson Survey, Abstract 498, and located south of E1 Paseo Drive at i Forrestridge. (A-53) Commission recommends (The Planning and toning approval.) B. Consider a petition of the City of Denton requesting single family with 16,000 square foot ' minimum lots (SF-16) zoning on app 23.126 acres located south of El Paseo Drive at its intersection with Forrestridge Drive. The property is shown in the A. Gibson =OYeSdurvey, Abstract a498. If the ,y be utilizedzfornanyiusePpermitted in property may the single family (SF-16) district. Z-1872. (The Planning and Zoning Commission recommends approval.) Adoption of ordinance approving single family with 16,O0 approximately m23`09maclots res (SF-16) zoning on intersectiontwithfForrestridge Drive, at Its C. Consider a petition of Metroplex. Engineering Corporation, representing Dr. Bit] Cudd, requesting amendments to an existing planned development (PD-119) on an 15.2 acre tract located at the northeast corner of U.S. Highway 380 and Old Forth Road. The property is further ddescribed as a tract in the R.B. Longbottom Abstract 17S. The following amendments are proposed: i it . 4 i City of Denton City Council Agenda I January 5, 1988 Page 3 Amend approved detailed plan for phase t0one perm3*4 it acres (existing office buildings) pirate utilization of the parking area as a private street. Amend approved concept plan (future development) - to add a condition prohibiting the utilization of designated parking areas as private streets. Commission recommends (The Planni~g18~i Zoning approval.) 1. Adoption of ordinance approving amendments to an existing planned development (PD-119) aat the on an 18.2 acre tract located nd Old northeast corner of u.S. Highway 3so M North Road. { requesting a variance IA f p, Petition of 1Harold 110 4.003s1~H)(Z), of the City of I of Article and Land Development Subdiv vision Denton egulations for a 25.7 acre tract roximately the I one R the elton Su north side of Luginbyhl Road app The property is further mile east of FM 2450. cle 4.03 Mrequiresrvtye described as a tract in Arti Abstract No. 859.21 foot section of improvement of an Luginbyhl Road. V-37. Toning Commission recommends and (The Planning approval.) i E. Consider a petition of Trinity Baptist Church the following variances of the City f Deenqutesonting Suiiivision and Land Development t located t the ttac D RRegulatios for and Masch Brancha Road: ~ soul Article III, 4.03 (2)(b) - which requires the ` improvement of a 1260 foot section of Masch Branch Road. Article 111, 4.15 (a) - which requires developers to make adequate provision for storm or E floodwater runoff chaiinels or basins. (The Planning and Zoning Commission recommends denial.) V-39. i 1 { t. City of Denton City Council Agenda January S, 1988 Page 4 } F. Consider a petition of Briercroft Savings Association requesting a variance of Article III, 4,04, of the City of Denton Subdivision and Land Development Regulations for a 3.4 acre tract located on the northwest corner of North Locust Street (FNI 2164) and Evers Parkway. The property is further described as a tract in the B,B,B, 8 C.R.R. Company Survey, Abstract N~. 186. Article 4.04 requires that developers install sidewalks on one side of all thoroughfares and collector streets adjoining a subdivision. Y-41. (The Planning and Zoning Commission recommends denial 4. Receive a report from Mr. James Givens regarding the { demolition of a building at 1117 E. Sycamore, 1 S. 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 s 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 i ordinances (Agenda items 6.A, 6.B). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. t I A. Bids and Purchase Orders: 1, Bid #9759 - FIRE FIGHTER BUNKER GEAR E 2. Bid 09803 - TRANSFORMER REPAIR t 3. Bid 09809 - SOFT DRINKS { 4. Bid 19815 - ONE MW GENERATOR UNIT 5. P.O, 082017 - GENERAL ELECTRIC CO. - j $10,561.00 6. F.O. 482501 - XEROX CORPORATION $31,540.95 7. P.O. 082393 - TARRANT SYSTEMS, INC. $12,090.42 . i City of Denton City Council Agenda Ja iuary S, 19S8 Page S B. Plats and Replats 1. Consider approval of preliminary and final replacs of the Golden Triangle Mini-Mall 1 Addition, Lots IR-SR, Block A. k (The Planning and Zoning Commission i recommends approval.) 2. Consider approval of preliminary and final replats of the Northwood Gardens Professionals Office Park Addition, Lots 1R-70 Block 1. (The Planning and Zoning Commission recommends approval.) ,a 6. 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 providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in j accordance with the provisions of state law I# exempting such purchases from requirements of competitive bids. C. Consider adoption of an ordinance authorizing the I execution of a Change Order to a contract between the City of Denton and Tonto Construction for an increase in the contract price; and providing an 1 effective date. k D. Consider adoption of an ordinance of the city of Denton, Texas, amending Section 24-6(e)(12) of Chapter 24 of the Code of Ordinances by redefining the load limits on Locust Street Between Sherman Drive and F.M. 2164; providing j for a maximum penalty of $SOO; and providing an effective date. (The Citizens Traffic Safety Commission recommends approval) i, 1~ City of Denton City Council Agenda January 5, 1988 Page 6 E, Consider adoption of an ordinance approving an agreement between the City of Denton, Texas and HBW Associates, Inc, providing for library consulting services for the Emily Fowler Library, Denton, Texas; and providing for an effective date. F. Consider adoption of an ordinance amending the 1987-88 budget of the City of Denton, Texas by appropriating the sum of ninety-six thousand eight hur1red one dollars ($96,801.00) from the balance of the General Fund to various account 1 funds, and declaring an effective date, G. Consider an ordinance amending Section 1-5 of Chapter I (General Provisions) of the Code of Ordinances providing for maximum penalties for certain violations of the Code. Ik 'I. Resolutions A. Consider approval of a resolution closing a portion of Highland Street January 21, 1988. B. Consider approval of a resolution approving an j agreement between the City of Denton and Sammons Communication, Inc. for emergency communications assistance; and providing for an effective date. C. Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing ! the submission of a Texas Emergency Shelter Grants Program application to the Texas Department of Community Affairs and and authorizing the Mayor to act as the City's executive officer and authorized representative in all matters pertaining to the City's r participation in the Emergency Shelter Grants Program. I 8. Miscellaneous matters from the City Manager 9. Official Action on Executive Session Items: 1 A. Legal Matters B. Real Estate C. Personnel D. Board Appointments City of Denton city Council Agenda Jaruary S, 1988 Page 7 10. New Business: This item provides a section for Cour,Lil Members to suggest items for future agendas. 1 11. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 iii V.A.T.S. B. Real Estate Under Sec. 2(f). Art. 6252-17 } V.A.T.S. C. Personnel/Board Appointments Under Sec, 2(g)~ Art 62S2-17 V.A.T.S. { 12. Adjournment 1 t C E R T I P'I C A T E j 1 1 certify that the above notice of meeting was posted on the bulletin board at the ity1,Haliof 1the 987 Caty oft nton, oTclock ; on the day y of 4 (a,m.) .m. 2823C ` t .y f ~ r AGENDA CITY OF DENTON CITY COUNCIL January S, 1988 Work Session of the City of Denton City Council on Tuesday, January 5, 1998, at 5:30 p.m, in the Civil Defense Room of City Hall at which the following items will be considered, Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agendit for the Regular Meeting. 5:30 P.M. 1. Discussion of proposed agreement line with neighboring cities. E 2. Discussion of proposed moderate node at Colorado [ Boulevard and Lakeview Boulevard. 4 (The Planning and Zoning Commission recommends approval.) 3. Receitie a report regarding the Dallas Drive median beautification project. f 4. Leview draft contract with D.I.S.D. regarding joint elections. S. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Receive an update on the judgement of j Maverick %s. the City! of Denton and consider act on to en once u Bement. 2. Discuss Hawley vs. City of Denton lawsuit. 3. Discuss Pearce vs. City and County lawsuit f 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. I 1. Consider appointment of a City Council Member to the Clty of Denton Municipal Court Advisory Committee. 1. Consider recommendation of a City appointment to the Denton County Housing Pinatce Corporation. . i i f , i City -,if Denton City Council Agenda January 5, 1988 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, of City January which 1988, at 7:0.n. in the he following items will be u considered: Hall a 7:00 p.m. 1. Consider approval of the minutes of the regular meeting of December 1, 1987 and December 8, 1987. 2. Consider a request from the Cross Timbers Girl Scout council to hang banners across Locust and Elm Streets promoting their annual cookie sale. 3, Public Hearings A. Consider adoption of an ordinance and service Ian annexing approximately 23.126 acres of land being part of the A. Gibson Survey, Abstract 498, and located south of El Paseo Drive at Forrestridge. (A-S3) (The Planning and Zoning Commission recommends approval.) B. Consider a petitior, of the City of Denton requesting single family with 16,000 square foot minimum lots (SF-16) zoning on approximately 23.126 acres located south of E1 Pasco Drive at its intersection with Forrestridge Drive. The property is shown in the A. Gibson Survey, Abstract 498. if the zoning is approved, the property may be utilized for any use permitted in the single family (SF-16) district. Z-1872. (The Planning and Zoning Commission recomn,rds approval.) 1. Adoption of ordinance approving single family with 16,000 square foot minimum lots (SF-16) zoning on approximately 2309 located south of E1 Pasco Drive at its intersection with Forrestridge Drive. C. Consider a petition of Metroplex Engineering Corporation, representing Dr. Bill Cudd, an existing planned to Ij requesting amendments development (PD-119) on an 18.2 acre tract 380 and northeast corner of further described as a tract in the R.R. Longbottom Survey, Abstract 775. The following amendments are proposed: i City of Denton City Council Agenda January 5, 1988 Page 3 Amend approved detailed plan for Phase One - 3.4 acres (existing office buildings) to permit utilization of the parking area as a private street. Amend approved concept plan (future development) to add a condition prohibiting the utilization of designated parking areas as private streets. (The Planning and Zoning Commission recommends approval.) Z-1873. 1. Adop:Ion of ordinance approving amendments l to an existing planned development (PD-119) r I on an 18.2 acre tract located at the I northeast corner of U.S. Highway 380 and Old ~i North Road. D. Potation of Harold Easley requesting a variance , of Article III, 4,03 (H)(2), of the City of j Denton Subdivision and Land Development I Regulations for a 25.7 acre tract located on the north side of Luginbyhl Road approximately one mile east of FM 2450. The property is further described as a tract in the J.C.P. Melton Survey, Abstract No. 802. Article 4.03 requires the improvement of an 859.21 foot section of Luginbyhl Road. V-37. (The Planning and Zoning Commission recommends approval.) ' E. Consider a petition of Trinity Baptist Church requesting the following variances of the City of 4 Denton Subdivision and Land Development Regulations for a 12.05 acre tract located at the 11 southeast corner of FM 1173 and Masch Branch Road: Article 113, 4.03 (2)(b) - which requires the improvement of a 1260 foot section of Masch Branch Road. Article 111, 4.15 (a) - which requires developers to make adequate provision for storm or I flood-,rater runoff channels or basins, f (The Planning and Zoning Commission recommends r denial,) V-39, i I r z City of Denton City Council Agenda January 5, 1988 Page 4 F. Consider a petition of Briercroft Savings Association requesting a variance of Article III, 4.04, of the City of Denton Subdivision and Land Development Regulation: for a 3.4 acre tract located on the northwest corner of North Locust Street (FM 2164) and Evers Parkway. The property is further described as a tract in the B.B.B. $ C.R.R. Company Survey, Abstract No. 186. Article 4.04 requires that developers install sidewalks on one side of all thoroughfares and collector streets adjoining a subdivision. V-41. (The Planning and Zoning Commission recommends denial.) 4. Receive a report from Mr. James Givens regarding the demolition of a building at 1117 E. Sycamore. S. 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 Ir, accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the I agenda. Detailed back-up Information is attached to the ordinances (Agenda items 6.A, 6.B). This listing is provided on the Consent Agenda to allow Council M.rmbers to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: i 1. Bid 09759 - FIRE FIGHTER BUNKER GEAR 2. Bid 09803 - TRANSFORMER REPAIR 3. Bid 09809 - SOFT DRINKS 4. Bid 19815 - ONE MW GENERATOR UNIT S. P.O. 082017 - GENERAL ELECTRIC CO. - $20,561.00 6. P.O. 082501 - XEROX CORPORATION $31,540.95 7. P.O. #82393 - TARRANT SYSTEMS, INC. $12,090.42 .i I` I ~l r lo: City of Denton City Council Agenda January S, 1988 Page S 4 B, plats and Replats 1. Consider approval of preliminary and final replats of the Golden Trian,S)e Mini-Mall Addition, Lots 1R-8R, Block A. Commission (The Planning and zoning recommends approval.) 2. Consider approval of preliminary and final relats of the Professionals Offica PaokthAddition Gardens 1R-7, Block 1. (The Planning and Zoning Commission recommends approval.) I r 6. Ordinances f A. Consider adoption of an ordinance accepting competitive bids and providing for the award of f 1 contracts for the purchase of materials, equipment, supplies or services, B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in acc~:uance with the provisions of state law exempting such purchases from requirements of competitive bids. en C. eConsier xecutionaofpaiChangeaOrderitonaecontractZbetwethe the City of Denton and Tonto Construction for an increase in the con+.ract pries.; and providing an effective date. D. Consider adoption of an ordinance of the Ci.y of Denton, Texas, amending Section 24-6(e)(12) of Chapter 24 the of lothe Code ad limits of OLocustnceStreet redefining providing Sherman Drive and F.M. 2164; pro B for a maximum penalty ` ofCi$ti 0; and procid ng an Safcty effective date. Commission recommends approval) .r ' ss I 1f ! City of Denton City Council Agenda January 5, 1988 Page 6 E. Consider adoption of an ordinance approving an agreement between the City of Denton, Texas and HBW Associates, Inc, providing for library ` consulting services for the Emily Fowler Library, ` Denton, Texas; and providing for an effective date. 1 F. Consider adoption of an ordinance amending the R 1987-88 budget of the City of Denton, Texas by appropriating the sum of ninety-six thousand eight hundred one dollars ($96,801.00) from the balance of the General Fund to various account funds, and declaring an effective date. G. Consider an ordinance amend?.ig Section 1-5 of Chapter 1 (General Provisions) of the Code of Ordinances providing for maximum penalties for certain violations of the Code. 7. Resolutions A. Consider approval of a resolution closing a portion of Highland Street January 21, 1988. B. Consider approval of a resolution approving an agreement between the City of Denton and Sammons C,:VIunlcaticn, tr,c. for emergency communications assistance; grid providing for an effective date. C. Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the ssibmission of a Texas Fmergency Shelter Grants Program application to the Texas Department of Community Affairs and and authorizing the Fiayor to act as the City's zxecative officer and authorized representative I .n all matters pertaining to the City's participation In the Emergency Shelter Grants Program. ' 81 Miscellaneous matters from the City Manager 91 Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 1 L I, i~ ~r 1 City of Denton City Council Agenda January 5, 1988 Page 7 10. New Business: This item provides a section for Council Members to suggest items for future agendas. 11. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(fArt. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. t 12. Adjournment k ` C E R T I F I C A T E of m bulletinyboard att ethe oCityn Hall of the tCity wof Denton, Texase on the day of , 1987 at o'clock (a.m.) p. n. . 2823C I I C 1 i I i ~I . r >Sr ~ DATL:: 01/05/88 CITY COUNCIL REPOPT FORMAT TO: Mayor and members of the City Council FROM: Lloyd V. Marcell, City Manager SUBJECT: DISCUSSION OF PROPOSED EXTRA TERRITORIAL JURISDICTION AGREE%ENT LIKES WITH t:EIGhBORING CITIES RECOMMENDATION: Staff will provide maps identifying proposed agreement lines at the meeting. 1 i SUKMARY: Staff members have stet with representatives of several neighboring cities to discuss proposed annexations and future growth of the City I of Denton. Representatives of Pilot Point, Sanger, Aubrey, Ponder and , w per Canyon have provided Staff with information. BACKGROUND: I The City of Denton extended its Subdivision Regulations to the LIJ in 1984. Denton has agreements with Shady Shores and Argyle. PRODRAkS DEPARTMENTS OR GROUPS AFFECTEDs Neighboring cities, property owners in the ETJ, County offices and Development Review Committee. FISCAL IMPACTS No exact figures have been determines: however, the City would not require platting in the area released which would, in the long run, reduce review time by staff. The area could not be annexed by the city, therefore no city services would be required to be extended. Respectfu y submitted: L LoOlk" [ 41 Prepared by: city M ager Cecile Carson Urban Planner Auved: David Ellison Acting Director for Planning and Development i O667o 1 h i Iji tt I f i i r ~ I j ~LIA 1 1 14 - TR d _ J 5'.30 DAT01/05/66 CITY COUNCIL REPORT FORMAT TO: Mayon and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: MODERATE NODE AT COLORADO BOULEVARD AND LAKEVIEW BOULEVARD RECOMMENDATION: The Planning and Zoning Commission recommended approval of the creation of the node at its December 161 1987 meeting by a vote of 9 to 3. j SUMMARY: Representatives from RMB Realty, Inc., formerly Miller of Texas, and staff have been discussing rezoning and zoning of land between U.S. Hwy. 380 and I-35 for several months. The owners proposed creating a moderate node at Colorado and Lakeview Boulevard and reducing the density and intensity in the original Lakeview planned development. The staff recommended approval of the node based on the fact that the proposed node met the requirements of the proposed Development Plan and bece:se of significant reductions in the north. While the section between U.S. Hwy. 380 and McKinney Street is still ovet the intensity standard, two zoned moderate nodes are proposed to be eliminated. BACKGROUND: ` The zoning on 690.8 acres between U.S. Hwy, 380 and McKinney Street i was approved in January 1987, The area exceeded the intensity standards by 106%. The Legislature approved the c.eation of a Road Utility District to finance the construction of Lakeview Boulevard, i PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Land owners in the area and staff involved in the development process. FISCAL IMPACT: i Ar, analysis was done for the previous zoning request. A detailed analysis has not been completed in conjunction with the request for the creation of the moderate node, Respectfu ly submitted: i Llo a 1 Prepared byt y nags, Cecile Carson Urban Planner Approved David Ellison Acting Director for Planning and Development ;.1 a Clry of O&'NTON mrON, rgxAs naoi I MEMORANDUM i I ")ate: November 24, 1987 To: Planning and Zoning Commission From: Cecile Carson, Urban Planner 1 Subject: Nioderate Node at Colorado Boulevard and Lakeview Boulevard The study session scheduled for December 2, 1987 is to discuss the s creation of a moderate node at the intersection of Colorado Boulevard and Lakeview Boulevard. A number of charts and graphs showing e~.tSt- ing and proposed zoning are attiched for your review. The intent of this memorandum is to summarize key points, History E 1. Existing zoning on the 693 acres which is located south of U,S. Highway 30 and extends to south of McKinney Street includes land uses that would be considered unapproved moderate nodes at Lakeview Boulevard and Blegg Road and Lakeview Boulevard and Mills Road. 2, The approved density is lb units per acre, 3. An 8.4 acre park site and 22,6 acres of schools are provided in the existing planned development. The requirement for park land based on the ratio of 1 acre per lUU dwelling units in the pro- posed mandatory park dedication ordinance would have been 95,7 acres, 4, The intensity analysis for the planned development indicates the area is 1USt over the standard, S. A Road Utility District was approved by the State Legislature during the last session, The creation of this district O ll allow for the financing of the road and the construction r,f the road through the issuance of bonds, Memorandum Moderate Node at Colorado Blvd and Lakeview Blvd Page 2 Proposed An amendment submitted foodeseatlLained kevlewvBoulevardeliminates Blagg the unapproved moderate I Road and Lakeview Boulev:.rd and Mills Road. i 2. The proposed density is 9.5 units per acre. 3. Tt•e proposal includes 40.3 acres of park land and 30.2 acres in a park/school site for a total 0in theemandatoryapark of i 1 acre per 100 dwelling g units proposed a pproximately ordinance l5 acres areu excluded, rthe proposalsin- l sites and dedicaton cludeof app i eludes $5.5 acres of park land. 4. 1'he intensity analysis indicates that the proposal would be 661 over the standard. Com arison the staff prepared an analysis ot excluding areas that wereeannexedmafterothee existing zoning by exc g original zoning was completed with the following results: Land Use Existing Pro-posed Single-Family 3is 1U 49 9 11 Moderate density 39 11 Multi-Family 9 12 office/GR 0 2 Light Industrial 4 5 Public Use R.O.W. Q* 10 TM ITTT AR.O.W, acreages were not provided. southylew A 414.9 acre proposal for a planned development. Pecan Creek separates this section from Lakeview. The intensity wi analysis mindicates that the area would be 61 under the atdLakeviewiBoulevardnandgColoradohBoulevardnwilltbe presentednate the meeting. Ii you have any questions, please contact me. G ec a arson n Attachments EXISTING ZONING, Lakeview: Z-1779 Single Family (Less than 12 u/a) Total single family acres 332,36 Total Single family units 1,543.00 Density 4.64 units/acre Multi-Family Total multifamily acres 165,74 Total multifamily units 831)28.00 Density 30.20 units/acre Total Total residential acres 598.10 Total residential units 9,571.00 Total density 16.UO units/acre Land Use Percentage of Development Single Family (SF-10 and SF-7) 381 Cluster/Moderate Density Housing 10 Multifamily 39 Office/General Retail Public Use g 7- 4 avV~R ORight-of-way acreages were not provided. f: f r h it P. rF Lakeview Approved Zoning Percentage of Land Uses 4 y Single Tamil 46 i Office/Con. Retail J ~e yra ' r Gih ~.S F~ 4t. Publio Use " s~>k r d atl 4% Moderate Donaity I < ,f F J M i ~ V ~q Multi-Family 3996 a i INTENSITY ANALYSIS 2-1779 Ttact T[~s_/Day i 1 A 2,260.80 H 4.195.04 2.368.00 D 18,755.22 E 3,081.60 F 1,101.1'2 0 1,138.15 H 1,375.50 I 2,485.35 J 3,619.20 R 1,603.39 L 252.00 M 23,543.28 N 43,140.00 0 1,152.80 P 782.85 4 3,314.00 R 2,660.00 S 2,864.80 T 1,839.20 u 2,373.12 V 4,360.32 w 41 .4 TOTAL: 131,680.00 Trips per day Intensity for Area: Moderate 60ac X 250 ■ 15,000.00 LOW 643.37 X 75 + + 48.252,75. tntensity Standard 63,252.75 Total for proposed Development - 131,680.00 68.427425_ 108% over F~ 4 k i CONCEPT KAN I PROPOSED I I DENSITY I MAXIMUM I MAXIMUM I MAXIMPJM I MAXIMUM I MINIMUM OPEN I PARCEL I LAND USR ACREAGE ! UNIT/AC. I UNITS I SQUARE FEET I BLDG. COVERAGE I HEIGHT I SPACE IN ACRES A j single Family I I I I I I Attached I 15.70 I 18.00 I 282 I MIA I 40% I 2 I 1.6 ! I E_ I I I I ~1 B I Miultt-Family I f I I I I I rF-1 I 22.37 I 24.00 I 537 I N/A I 40% I 3 I 2.2 ~ I 1 L I I I I I I C I office I 8.48 I N/A I N/A I 191,200 I 40% I 3 I N/A I I I ! I I I 1 I D t General Retail I 17.94 I MIA I MIA I 3121587 I 40% I 2 I MIA I I I I 1 i I I I Ir I I I I I E I Multi-Family I I I I I i 1 MF-1 I 16.05 I 24.00 I 385 I N/A I 40% I 3 I 1.6 F j single Family I I I f f I f Attached I 11.47 I 12.00 I 137 I MIA I 40% I 2 I 1.2 1 I I I 1 I , I I I I I I } 0 I Community I I I I I I i 4 i Facility i 13.39 j MIA i N/A i MIA ~L MIA i MIA ! NSA H I Single Family I I I I I I I SF-10 I 39.30 I 3.50 I 137 I MIA I 35% I 2 I N/A I I I single Family I I ! I I I I SF-10 i 71.01 i 3.50 249 i MIA 35% 1 2 i N/A 20186/11 ~t 1 !e CONCEPT PLAN (CONT.) a I J PROPCBED I f DENSITY I MAXIMUM I MAXIMUM PM_ i LANs °SE i ACREAra I UNIT HB MINIMUM O AC. I UNITS I S UAA PEST I BLDGM COr748RAG6 ( GNTM 1SP MINI CRR I I A $ J Stngls Family I I I I I I f I Detached f 37.70 1 12.00 I 452 I N/A I J J 40% + 2 i 3.8 K 1 office i 7.70 I J 1 i N/A J N/A f 120,226 40% J 3 ' N/A L i Park i 8.4 ' N/A j N/A i N/A I N/A f I N/A I I I I I 1 i 9.4 ~ I t M i Ceneral Retail i 22.52 I N/A I N/A I 392,338 40% J ( I i J I i 3 i MIA I I J I f 1 N I Multi-rmily J f i ~ MP-2 I ) 7.85 j 50.00 + 5,393 ! N/A I ' I I 4071 7 J 10.8 0 1 81 is Family I J I I I Attached 1 I f I I 14.41 i 8.00 f 115 I N/A j 40% I I - J f I I I 2 ' 1.4 P 1 Coenunity 1 I f 1 J Facility f 9.21 I N/A f N/A ( N/A 1 I I N/A I N/A I N/A 1 Q j Blnils Family j I f I I SF-7 J 82.89 I 4.00 I 331 f MIA j 9-% ! 2 I N/A -1 A ~ NsSghDorhood 1 + ! I I 1 i Service 4.4 ( N/A I N/A f N/A I 0% J I 2 N/A 2018a/12 tit k i CONCEPT PLAN (CONT.) I PROPOSED I I DENSITY { MAXIMUM I MAXIMUM I MAXIMUM I MAXIMUM I MINIMUM OPEN ACBL I LAND USE j ACREAGE I UNIT/AC I UNITS I SQUARE FEET I BLDG. COVERAGE -1 HRIGNT SPACE IN ACRES 8 { Single Family I I I I I I I SF-7 1 71.62 i 4.00 i 286 i N/A ` 35% 2 i N/A T I Single Family I I I I I I I { Attached I 22.99 I 8.00 I 184 I N/A I 40% I 2 I 2.3 l _ I I 1 ! I l I I 111 I single Family I I I I I I I f o ( I Detached I 24.72 I 12.00 I 297 I N/A I 40% I 2 I 2.5 I 1 I I I I l I v I Single Family j E I ! L ! I I Attached I 30.28 { 18.00 I 545 I N/A I 40% I ? I 3.0 I I I I I I I a' I single Family I I I I I I Detached I 30.18 I 8.00 { 241 I N/A I 40% I 2 I 3.0 ! I I I I~ I I I a TOTALS 690.88 I 13.85 I 90J?l j r 20181/13 ,r. r~ 4A I I d+, PROPOSED ZONING I`I Lakeview: Z-1860 f Single Family (Less than 12 u/a) 488.70 ffff Total single family acres Total Single family units 3'326.79 units/acre i Density Multi-Family 87.00 Total multi-family acres 2,174.00 Total multi family units 24 48 uni a/acre Density Total 575.70 M Total residential acres 59496.00 I Total residential units 9,54 units/acre Total density f Land Use Percentage of Development 40% Single Family (SF-5, SF-71 SF-10) 18 Moderate Density 10 Multi-family 14 office/General Retail 4 Light Industrial 5 Public Use 9 Right-of-ways I . 1 i i f i F Y I. ' i t Lakeview Proposed Zoning Percentage of Land Uses i r Single F 404 r__Ce tom/Con. rotail £af ' IN Wight-of-Way Multi-Family 1 ? Li ht industrial Public Use 596 Moderete Donsity 1896 k i INTENSITY ANALYSIS 2-1860 Tract Trips/Day 1 5,200.00 2 2,450.00 3 1,879.29 4 15,600.00 5 20000,00 6 2,184.00 7 1,750.00 8 2,360.00 9 1,575.00 10 2r178.54 11 50230.89 i 12 270.00 13 3,519.18 14 21783.00 .i 15 10689.90 16 3,349.50 i 17 20600.00 18 390.00 19 20106.72 20 2x567.00* 21 429.00 22 2,600.00 23 20029.50 24 10010.50 25 70660.00 26 256,00 27 745.60 µ 28 20600.00 29 894.40 30 662.20 31 10819.44 32 - 33 3,000,00 34 120,00 r 35 10197,00 36 9,100.00 37 10916.40 38 50110.00 39 2x870.00 40 2x380.00 41 30900.00 42 506633,5...000, TOTALI ~1r628.O6 '1W -Imqp~ I` Development Guide: Moderate 45ac X 250 ■ 11,250.00 Low 793ac X 75 ■ + 59 47500 Intensity Standard ■ 70:725:00 Intensity Proposed - 117,628.06 ~6,668 over Development Plans Moderate 90ac X 350 ■ 31,500,00 Low 748ac X GO + 44880.00 Intensity Standard ■ 76,380.00 Intensity Proposed - 117 628.06 54% over I t yy I rl. 4 I . .9 . J i 75 J . 1 I. COMPARISON EXISTING AND PROPOSED ZONING To compare this request most closely with the approved zoning (z-1779) the following categories have been omitted for these tables: Nos. 11 41 5, 61 11#1 2# and 13. (The land was annexed after approval of zoning and therefore was not included in II original request.) I Single Family (Less than 12 u/a) Total single family acres 415,60 Total Single family units 20447.00 Density 5.88 units/acre Multi-Family Total multi-family acres 77.00 I Total multi-family units 10924.00 44 Density 24.98 units/acre j Total Total residential acres 492,60 Total residential units 40371.00 Total density 8.87 unite/acre Land Use (Based on 693.10 acres) Percentage of Development Single Family (SF-5, SF-7, SF-10) 49% Moderate Density 11 Multi-family 11 Office/General Retail 12 Light Industrial 2 Public Use 5 I Right-of-:;ay 10 I 'rat Park and School Comparison z-1779 8.4 acres Park 22.6 acres schools 31.0 acres Total Planned Development conditions includedi "Two Hundred Fifty Thousand Dollars ($250,000.00) shall be paid to the C:.ty of Denton prior to the approval of any detailed plan for any parcel of lard within the district, to provide for the acquisition, improvement or maintenance of park land or fak,ilities to serve the district." i i I f R z-1860 40.3 acres Park* 30.2 acres Park/Schools** 70.5 acres Total * 9 acres in area recently annexed, 31.3 acres in comparison area, An additional 30.2 acres for schools and parks has been indicated on the plan. °his property has not been annexed and cannot be included in this proposal, but the land will be donated. b 1 F j I t' r . ty . cr. Y . .a y C A I R Lakeview Comparison Percentage of Land Uses Singla Fead 496 r_5= oo/Can Ratan Rlaht-0[-Way 5095 Industrial _Right %L Publio Use Multi-Family 5% 1196 Moderate Density a a i l i 11 7f I j i Lakeview Zoning Total Acres Si:►gle Family Residential Multi-Family 488.70 500 450 415.60 4(10 350 332.26 300 265.74 250 200 4 s! 150 ` ~F. z° x 100 87,00 77.00 .R s x t;, x, 50 o.5ir o; +r ~l of t > t Z-1779 (Existing) Z-1860 (Proposed) Comparison 1 1 6 Lakeview Total Units single Family multi-Family f a 8028 7500 f ~ ^1 70000 s 4500 s > a 6,000 4500 5,000 : J 4,500 4.000 e 5 s < 3,500, 3322 3,000: 2447 2,500 2174 2,000 1924 1543 +Glf 1~1A S~4 pg, Soo v 3. J. Y ~ 1 " ~:p.1Ya 1 ' 2-1719 CExisting) 2x1860 (Proposed) Comparison I, Southview: 2-1861 Single Family (Less than 12 u/a) Total single family acres 258.70 Total Single family units 1,387,00 Density 5.36 unite/acre Multi-Family Total multi-family acres 27.10 Total multi-family units 624,00 Density units/acre Total Total residential acres 265.80 Total residential unite 2,064.00 Total density 7.22 unite/acre Land Use Percentage of Development Single Family (SF-50 SF-7, SF-10) 56% Moderate Density 6 Multi-family 7 Office/General Retail 13 Public Use 10 Right-of-way F i f s: f ;i Southview Proposed Zoning Percentage of Land Uses { Single Family 5096 1Cfff~ice/cen. Retail Right d-4fay z'< vl$+~~ F Public use " 7 3 10% Multi-Fam11y Moderate Donsity INTENSITY ANALYSIS Z-1861 Tract Trips/Day 1 902.00 2 4,900.00 3 3,720.00 4 3,096.50 5 2,600.00 6 425.00 7 5,200.00 8 700.00 780.00 y 10 995.20 11 1,950.00 12 850.00 j 13 e 14 1,300.00 15 2,450.00 16 7,800.00 17 3,160.08 18 1,341.60 19 1,700.00 20 627.20 21 2,600.00 22 1,947.00 ti 23 1,818.90 TOTAL: 50,86370 Development Guid+ Standard (414 9 ac x 75) 31 117,50 Intensity -19,-' 745.98 (63%) Development Plan 24 894.00 Standard (414.9 ac x 60) (1041) Intensity - +25 yby•0n Development Plan: Moderate 1U1.0ac x 350 - 350455.00 Low 313.6ac X 60 ■ + 18 816.00 Intensity Standard 5 ,2 i. 0 Intensity Proposed 50 863.48 .~.3 40.r,,~ ~ (6if i Moderate Land Node Tract Use Acres Intensity 2 Office 14.00 4,900.00 4 SF-5 56.30 30096.50 5 NS 4.00 2,600.00 6 Community 5,00 425.00 7 OR 8.00 51200.00 8 Office 2.00 700.00 16 OR 12.00 71800.00 Total 101.30 24,721.50 Standard (101.3 x 3,50) 350455.00 Proposed 24,721.50 10,733.50 (308) C V _r s i I 2018a 4 f 1 i Lakeview and Southvie w ~ Percentage of Land Uses y Single Fa 45Y6'-- Office/Cen. Retail A-11 01 # , BRiight-Ce-way jt' Light Industrial Multi-Family r 996 Public Use Moderate usnait 7496 S LAKEVIEW AND SOUTHVIEW PROPOSED ZONING Single Family (Less than 12 u/a) Total single family acres Total Single family units 747'40 Density 4x709,00 6.30 units/tore Multi-Family Total multi-family acres Total multi-family units 114,10 Density 20851,00 24.98 units/acre Total Total residential acres Total residential units 861.50 Total density 7,560,00 8,77 units/acre .s Land Use* Per c` e_ ntage of Deyelo4ment Single Family (SF-5, SF-71 SF-10) Moderate Density 458 Multi-family 14 Office/General Retail 9 Light Industrial 13 Public Use 3 Right-of-way 8 100$ * Based on 1,283.10 acres. 2018a/14 M N I SUMNAIiuN NEGATIVES 1. OVERALL PkOPOSAL STILL EXCEEDS INTENSITY STANDARD. 2. PROPOSED MODERATE NODE ONLY SEPARATED BY FLOODWAY BETWEEN LAKEVIEW AND bOUTHVIEW. i POSITIVES i 1. 42% REDUCTION IN INTENSITY VIOLATION. 2. OVERALL DENSITY REDUCED IN LAKEVIEW (16 UTA TO 9.6 UTA) AND IN ENTIRE DEVELOPMENT (lb UTA TO 8.7 UTA). 3. bUUTHVIEW UNDER INTENSITY STANDARD BY b% AND PROPOSED MUUEkATE NODE BY M (AS SUBMITTED). 4. PARKLAND AND COMMUNITY FACILITIES EXCEED 1 ACRE PER IOU UWELLING UNIT PROPOSED STANDARD SUBSTANTIALLY. ( (ALL PRIVATE LAND DONATION OPPOSED TO USE OF CORPS ' OF ENGINEERS PROPERTY.) I' I J 2 Minutes December 16, IV&7 Page 7 and commercial/retail development Is anticipated. The purpose of the replat is to relocate lot Lines, She added the Develo ment Review Committee recompindS approval of the prellmMry and final replats. Phjljl~~tR:, 6reg Edwards, ~ietroplex,tnjineering Corpora- tTOR state that the replats meet c ty requirements and DRAFT urged the Commission to recommend approval. IN ~AVL)R: hone present. OPPOSED: hone present. Chair declared the public hearing closed. IjECiSIUN: hr. 61asscock moved to recommend approval of n-e--p-r-eTiminary and final replats of the 6olden Irlangle Nini-Aall Addition, Lots IR-89, Block A. Seconded by Ms. Cole and motion unanimously carried (7-U). 1). VAEL1hIhAR1 AND FINAL REPLATS Of 'rhk b()RlHhDQD LANUENS PRI)FLS91UNALS' OtflCh PARK AD0111ON, Lots Ik - 7, block 1. SIAfF REPORT., Ms. Spivey stated that this 3,491 acre tract Is located it the northeast corner of Old North Road and U 5 Highway)380; pThe property is zoned planned develop- 13;ni (PL-119 fo rofessional office use. It Is the first phase of an It acre development to be constructed at this location. The purpose of the replat is to create indivi- dual lots for sale and to designate the parking area as a private street. She added that the Development Review Committee recommends approval of t he P reliminary and final repIRts. PETITIONER: Greg Edwards, ~,etroplex Engineering Corpora- tion representing Dr. William Cudd, stated that he was available to answer questions. 114 WoAi hone present. OPPOSED: None present. Chair declared the public hearing closed. DLCISIOS: hi. Cole moved to recommend approval of the prelTm nary and f iAal replats of the No. thwood 6ardens Prof essionals' (,if Ice Park Addition, Lots lit-7, Blotk 1. Seconded by Mr. Claiborne and motion unanimously carried (7-0). 111. CuNSIDE IsUEN FOR CREATION 01- A MODERATE NODE AT THE S UF OLURADO bouLEUIL) M LAKkVlkN WLERID, STAFF REPURT., Ms. Carson stated that this Item was presented :,u,rl;!d;,,,M, session two weeks ago and back;up was provided s available to respond to any ques ions. Mr. Claiborne asked if staff has a recommendation. Ms. Carson stated that staff recommends approval. Ms. Brock stated that this Is a difficult situation because of earlier zoninj which was a very controversial cise. She said that the Land Use Planning Committee his worked on a Ilevelop, ment Plan f or over 20 months and the general COILSenSUS Of the group IS not to have another Irving but to have autonomy In the Lity of Denton. She sold that the proposed plan is to h:g,balanced growth. She said that there is tremendous d ty In this area and does not f eel that another node in this area is justified and moved to recommend denial of the request, _ Tr~ i i. P 6 1 Minutes December 16, 1987 Page 8 Seconded by Mr, volt. Mr. Claiborne stated that granted the Land Use Planning Committee has worked long Pd hard and he has to agree that the new plan encourages balanced growth and wants to retain autonomy and ,ot become a Korth Dallas or Irving. He said that in this respect he would Rave to support a denial, he said that considering the zoning that already exists in the Lakeview case versus what is being proposed in reductions to density and Intensity, he could support creation of a moderate node. He said that, in this respect, he felt he would not be betraying the Land Use Planning Committee but doing what he feels is test for the City of Denton so, from this perspec- tive, he cannot support the motion to deny the request for a moderate node at Colorado and Lakeview boulevards. Mr, Holt stated that the idea of a tradeoff is no problem because you have to make tradeoffs sometime, but he questioned whether this tradeoff is acceptable. he said that his immed fate pproblem is with the mulct-faoily because there are so many In the City of Denton. He said that he thinks this area should be balanced, like a city should be. He sold that he does not see diversity in this node and believes this area will not be a benefit In that it will be a transient area ■nd he would support dental Mr, (pIasscock stated that he would supprrt the node at Colorado and Lakeview boulevards because demand will take care of this t area, he added that he was not sure if this area would develop but he believes the tradeoff is acceptable because the density and intensity is proposed to be decreased and, in effect, two nodes In Lakeview would be eliminated in the proposal. As. Brock stated that there is no guarantee that the property will develop as proposed or that the final zoning proposal will look like It does at this time. Vote was called and motion failed (3.4). Mr. Claiborne, Mr. Italian, Ms, Riker, and Mr. Glasscock voted no. hr. Claiborne moved to recommend approval of the request. Seconded by Mr. bIasscock. Mr. Iamman asked about a guarantee. Mr. Ellison stated that the staff anticipated that the toning plan which will be sub- mitted for appproval will not be made any more dense or intense than what 1s being discussed with the Commission at this time. he said that, If anything, the petitioner might come back with Increased lot sixes in a few areas based on comments from some of the Commissioners and, in effect, reduce the density ■ little more. The motion and second were withdrawn. hr. Claiborne moved to recommend approval of the moderate node at the Intersection of Colorado Boulevard and Lakeview Boule- vard In exchange for the elimination of moderate nodes at Lakeview Boulevard and Bragg good and at Lakeview Boulevard and Hills Road in the already approved Lakeview toning. Seconded by Mr. Glasscock. Vote was called and motion carried (4-3). Ms. Brock, Ms. Cole, and Mr. Holt voted no. Meeting ad)ourned ac 7:3u p.m. 4 k MEMO , P I Minutes December 2, 1987 Page 11 only permits the city to annex an area less then 1,000 feet a listance of three miles from their pre-existing city If&- it line. The City Council, at its last public hearing, ac- cepted petitions by the property owners in the area for a 100 foot voluntary annexation. This would limit the city to a three mile stsndard at this Point and beginning next year, based on the legislation, the city could be in the annexation process to the lake. A-51 was discontinued. Field notes are being prepared for the 100 foot strip an- nexatios. Staff recommends approval of A-SI at the 100 foot width. Mr. Holt asked if this annexation was related to the green- belt and Parks Deppartment. Ms. Carson stated that the con- cept of the ereenhOlt has not beta approved by the Corps of In iseers which would be required before any additional ac- quisition could be done. She said that the Utility Cepart- sent has requested the Council to consider the annexatlon because of water quality issues. Mr. Ellison stated that the greenbelt is still a viable option for the city. Mr. Glasscock asked if the city would maintain the area within the IOU feet If annexed. Ms. Carson stated that the city would not maintain private property but if dedi- cated ■s floodway easements then yes. The city will as- some maintenance responsibility where portions of the annexation cross FM 128 in regard to the slopes on either side of the road. Mr. Has stated that the requirements from the Enviromental Protection Agency and Texas kate+ quality are becoming more stringent in monitoring water and requests a favorable recommendation. LLCISION: Mr. Glasscock moved to recommend approval of A-51 as a IO0 Foot strip for a distance of 3 tulles from the city limits. Seconded by Ms. Brock and motion uusni- _ mously carried (3-0). Iv.r Adjourn to is study session In the Civil Defense Room to consider creation of a moderate node at the intersection of Colorado Boulevard and Lakeview Boulevard. Ms. Riker arrived at the meeting. Mr. Claiborne called the study session to order. Mr. Ellison explained that the staff has reviewed the materials presented by RMB Realty, Inc. and determined that sufficient information was avsilab'e to proceed with the study session concerning the creatic of a moderate node at Colorado and Lakeview boulevards. He reviewed the history of the original zoning request and explained that ■ Road Utility District was approved by the state legislature to finance the construction of the major thoroughfare. Brad Stevens, representative of RMB Realty, Inc., explained th.t this is the ogly IUD created by the legislature and woule assist the developers in meeting the concerns of the city that Lakeview Boulevard be completed from U.S. Highway 380 to 1H-33. Ms. Carson discussed the policy change procedure with the Commission. She explained that following the study session the Commission would make a recommendation to City Council. The moderate node would require approval by she City Council to be included in the Development Guide. i P 1 Z Minutes December 2, 1967 Paso 12 Mr. Ellison stated that staff had prepared an extensive anal. ysis of the proposed zoning and compared the proposed to ex- istiag zonias. he added that this was done because of the significant reductions included to the proposal. he continued that this Is not the typical procedure for this type of study session, but this development is not typical considering the site and existing xonins. Ms. Carson reviewed the intensity ■nd land use analysis and explained the effect of current policies on the developmeot of property in this area of the city. Mr. Ellison stated that the staff recommends cr*ation of the moderate node. Staff responded to questions by the Commission. Mr. Claiborne stated that this item shruId be placed on the Deceaber 16, 117 agenda under considerations. Meeting adjourned at 10:00 p.m. h j 1 I i j r fill- • f i 1 i 17H 11 i 14 1 11 i E CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell# City Manager SUBJECT: Dallas Drive Median Beautification Project RECOMMENDATION: The reconnnendation is to proceed with development of plans to improve the entry islands off I-35E: between the interstate and Rio Grande Blvd. SUMMARY: The Parks Division has undertaken a plan to upgrade the traffic medians throughout the City. Priority has been planed on entrances off the interstate and major routes leading into the City. BACKGROUND: The Dallas Drive entrance off the interstate is a highly traveled access with high visibility. This location has been noted for improvement by t the Denton Beautification Committee and the Beautification Task Force. PROGRAMSO DEPARTMENTS OR GROUPS AFFECTED: j Parks Division, Engineering FISCAL IMPACT: The State highway department has a landscape development gran or State maintained road right-of-ways. This is a FO/50 matching program. Local funding could be developed in a number of ways as in-kind services donations and contributions and City funds. f ~ I RESPECTFULLY SUBMITTED: H rYVITZ ` C y Manager Prepa d by i me Robert K. Tickner Title Superintendent of Parks 1 Appr,-, ed: f -a 11 NA- Name Title I r' i ) O wcftone,ClrY of DENTON, TEXAS Civic Csnter/ 321 E. McKinney/ Denton, TX 78201 M E M O R A N D U M T0: Steve Brinkman, Director, Parks and Recreation FROM: Bcb Tickner, Su^_cintendent of Parks DATE: No,rember 23, 1987 SUBJECT: CoFt Estimate- for Entry Islands on Dallas Drive and I35E We have reviewed the Dallas Drive landscaping median project again. We now feel that the small turn lane island at Wolfe's Nursery should also be hardscaped with patterned concrete. This island is approximately 11636 sq.f'. in area with 242 linear feet of curb and gutter needed. We have re-calculated material quantities and recent bid quo,.es. This has reduced the overall estimate for this project to $78,169. Recent discussions with the Texas Highway Department indicate the possibility of funding 50 percent of the entire project since it is being constructed as a beautification project. With this approach, the local share will be a proximately $39,084.50. Force account labor in the amount of 9,200 will be provided reducing the local share cash outlay to $29,884.50. The following is a modified cost estirtiatp for the two median islands on Dallas Drive exiting off 135E. 1. Curb and Gutter, 1,202 linear feet @ $5 $ 61010 2. Drainage improvements 61000 3. Engineering, plans 11900 4. Street lighting poles elevated 21000 C. Top soil, 497 cubic yards @ $6 3,000 6. Irrigation materials 2,890 7. irrigation contractual (boring, meter) 21825 8. Plant material 110600 • ~/Yal~oyuzl ~ua~~ e/t~eda-l e~t~~l Denton Parks and Recreation / Denton,Texas I (817)688.8270 tw 9. Hardscape (patterned concrete) 340000 00 10. Force account installation labor 10800 11. Two year maintenance 1,8 12. Contingency _ 3x200 Total Project $78,169 As you can See, the patterned concrete is the most expensive part of i this project. Project costs could be reduced by eliminating some of the hardscape. However, this will add to the long term maintenance due to replacing this area into turf or plant cover. I recommend that we proceed with this project, possibly using our Engineering Department to prepare plans and specifications. Their labor and materials would also be used as local in-kind matching funds. Please advise as to how we are to proceed. i Robert K. Tickner MEM02121 r. ftct,9 CITY of DENTON, TEXAS CIVIC Conter/ 321 E. McKinney/ Denton, TX 76201 M E M O R A N D U M TO: Betty MCRean, Executive Director for Municipal Services and Economic Development FROM: Steve Brinkman, Director, Parks and Recreation DATE: December 30, 1987 SUBJECT: Cost Estimates for Entry Islands on Dallas Drive and I-35E In review of the Dallas Drive median project, we have designed and estimated a plan we feel will meet the goal and recommendation of the City beautification task force. This median design is similar to the Lillian Miller design recently completed which used patterned concrete with a plant bed in the center. We feel this proposal will qualify for a 50/50 grant from the Texas Highway Department landscape impro%ement fund. Estimated cost of this project is $67,289 or a local share of $33,644.50. Force account labor in the amount of $5,200 will reduce this to a local share cash outlay of $24,444.50. The following is a cost breakout of estimates for the first two islands on Dallas exiting off 1-35E. 1. Curb and gutter, 1,202 linear feet at $5/ft. $ 61010 2. Drainage improvements 6,000 3. Engineering plans 10900 4. Street lighting poles elevated 2,000 5. Top soil, 497 cubic yards at $6/cu.yd. 3,000 6. Irrigation materials 2,890 7. Irrigation contractual (boring, meter) 2,825 8. Plant material 61000 9. Hardscape (patterned concrete) 27,664 10. Force Account installation labor 4,000 11. Two year maintenance 10800 12, Contingency 3,200 $67,289 Denton Parka and Rocroatlon / ftnton, Texaa / f8 7106o•8A70 7 ~[y 1 The project cost can be funded ac indicated below; Total Project Cost 67,289.00 508 Match 33,644.501 Inkind Labor S 9,200.001 Local Share $24,444.50 The local share of 50 percent is based upon the highway department allowing all costs to be covered as beautification. It is possible the curb, gutter, and drainage improvemr:nts may not qualify, resulting in the City bearing total ccst of these items. Local share money could come from the beautification fund or donations from adjacent merchants on either side of this improvement. I feel we could solicit Wolf's Nursery, Bonanza Restaurant, Holiday Inn, Guy Laney Mercury, Henry S. Miller, and Township II Homeowners Association for funds. There is a possibility that $5,000 could be raised, reducing the City's share to under 20,000. Other options include reducing the scope of the project. This could I, be accomplished by eliminating the three foot splash panels on each side of the beds. This will reduce $4,000 in patterned concrete but would add back 540 in plant ground cover, netting a $3,500 savings, Other savings could be realized by reducing plant material ; or patterned concrete and using washed rock or lava rock. These reductions will reduce upfront costs but require more maintenance and create a less appealing appearance. I feel we should proceed with design and presentation to the highway department with the first plan. We will more than likely have to negotiate the funding method in any case. We will then work out how the local share will he met. Please find attached a sheet indicating three financing methods, eve Brinkman Attachment MEM02144 k } . 1 v. s. #WY 77 BuSI#Iss RIO GRANDE MEP14# • ORNAMENTAL TREE i•. f80' X 8' LANDSCAPED AREA • DWARF YAUPON HOLLY PROJECT LOCATION LUE RUG JUNIPER ` 7= 3' SPLASH GUARD • OF PATTERNED CONCRETE SMALL MEDIAN SOUTH PARKS AND OF OF RIO GRANDE MEDIAN RECREATION TO BE IN PATTERNED CONCRETE 12-2-81 N.E.O. PATTERNED CONCRETE EXTENDS TO END OF MEI IAN I Ir I 1 51 !~1 a i } i i Hi 11 IF iRl 41 IF If 11111PI III [gill h f r i a 2142L THE STATE OF TEXAS S JOINT ELECTION AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON S DENTON INDEPENDENT SCHOOL DISTRICT WHEREAS, the City of Denton, Texas ('City") will hold an election for City Council Members and Mayor on Saturday, the 7th day of May, 1988; and WHEREAS, the Dentcn Independent School District (,District will also hold an election for school trustees on Saturday, the 7th day of May, 1988 and WHEREAS, pursuant to Section 271.002 of the Election Code, the City and the District desire to enter into an agreement to hold their elections jointly in the election districts that can ? be served by common polling places; NOW THEREFORE, I The City and the District do hereby agree as follows: 1. POLLING PLACES The parties agree to hold their elections jointly in the election precincts that can be served by common polling places. Absentee voting shall be conducted for both entities by city officials at the Denton City Hall, 215 East McKinney, Denton, i Texas.lrDistrict polling places shall coincide with City polling placesi The Election Districts and their respective polling places shall be as follows: District One American Legion Hall 629 Lakey Street Denton, Texas District Two Fire Station No. 4 2110 Sherman Drive Denton, Texas District Three North Lakes Recreation Center 2001 W. Windsor Denton, Texas District Four Denis Park Recreation Center 1001 Parvin Denton, Texas II. BALLOTS At each polling place a single ballot form shall be used which will show all the offices to be voted on in the elections f ) s 4 i a~ I i~ of both parties at that polling place; provided, however, that no voter shall be provided a ballot containing any office on which the voter in ineligible to vote. In such cases, separate ballots will be provided to voters residing in areas where boundaries are not contiguous. The City Secretary of the City shall prepare the ballot for the joint election for both parties, and shall cause to be printed and prepared the cards, inserts and other printed material neces- sary to set the ballot on the voting machines, and shall cause to be listed the names of the candidates for Trustees of the Board of Trustees of the District, said list and designation to be separate and apart from the listing of the candidates for City Council of the City. The City Secretary shall furnish a separate set of tally sheets and return forms for use by the presiding officers in the various precincts, so that the results of the election of Trustees of the District shall be returned on a separate tally sheet, placed in a separate envelope, sealed and so designated, and like- wise, the returns made by the presiding officers of the electiol: for City Council of City shall be separately returned on separate tally sheets and in separate envelopes, sealed and designated. All tally sheets and returns for the election of Trustees for the District shall be delivered directly to the Secretary of the Board of Trustees of the District or other chief election official of said District. All tabulations of the resislts of the election for Trustees of the Board of Trustees of the District shall be conducted by the Judge of the central counting station. After completion thereof, all such tabulations, tally sheets and returns related to the election of the Trustees of the Board of Trustees of said District and said Board will assemble such tabulations, and make the official canvass of the finai declaration of the results thereof, the election and III. ELECTION OFFICERS One set of election officers shall be appointed by the city to conduct the joint election, and any person who is qualified to serve as an election officer in the election of either one of the parties may be appointed to serve in the joint election. The election officers shall be named and specified in the ordinance or resolution of each party calling such election. District shall prepare, its election order and forward a copy of same to the attention of the City Attorney, 215 East McKinney, Denton, Texas 76201 not later than seven (7) days prior to the meeting at which the election is to be ordered. PAGE 2 r _j i IV. RECORDS All records pertaining to the election of the parties shall be combined in any manner convenient and adequate to record and report the results of each election. Returns shall be made to, and the canvass made by the governing board of each of the parties. The officer designated by law to be the Custodian of the Records for the City is hereby designated as the Custodian of the Combined Records. V. EXPENSE i The reasonable and necessary expense of holding said joint ` election will be born by the City, except that one-half (1/2) of the expense shall be paid to the City by the District upon receipt of satisfactory billing and invoices reflecting the total of such expenses This expense shall include the hiring of a part-time clerk to assist the City Secretary with her duties while the election process is in effect. I This agreement shall not apply to run-off elections or bond elections held by either party. V1. FILING It is understood and agreed that candidates shall file in the appropriate jurisdiction as provided by the Election Code. VII. EFFECTIVE DATE This agreement shall become effective upon the adoption by the governing body of each of the parties of a resolution approving this Agreement and shall terminate on May 8, 19881 provided however, in the event that either party shall forego a joint election despite bein9 eligible to participate pursuant to Section 271.002, Vernon's Texas Election Code, that party shall notify the other party at lease ninety (90) days prior to the election date. A resolution incorporating the terms of this Agreement has been adopted by the City Council o: the City and the Board of Trustees of the District, and in accordance with Section 271.002, Vernon's Texas Election Code, executed the same in duplicate originals pursuant to their authority on the day of 1988, PAGE 3 1 ,f . CITY OF DENTONt TEXAS BY: RAY STEPHENS1 MAYOR ATTEST: { JENNIFER WALTERS, CITY SECRETARY { APPROVED AS TO FORMS N DEBRA ADAMI DRAYOVITCHo CITY ATTORNEY BOARD OF TRUSTEESt DENTON INDEPENDENT SCHOOL DISTRICT BY: PRESIDENT ATTEST: SECRETARY APPROVED AS TO FORM: MIKE GRIFFIN* ATTORNEY FOR BOARD OF TRUSTEESI DENTON INDEPENDENT SCHOOL DISTRICT BYt PAGE 4 i s TT!1 3 TTTT= 1 t i 1 i t r F r 1 k 7.Ob CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 1, 19e7 +t+ i The Council convened into the Work Session at 5:30 p.m. in the civil Defense Room. PRESENT: Mayor Stephensi Mayor Pro Tem McAdamsl Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. f ABSENT: None. I 1. The Council received a report regarding the Municipal Court operations with recommendations. Lloyd Harrell, City Manager, stated that staff had taken a comprehensive look at the Municipal Court operations in, the areas of sta°fing needs and physical layout needs of the Municipal Court. Specific improvement standards were being proposed for the Council's consideration. John McGrane, Executive Director of Finance, reviewed the proposals presented to the Cuuncil. He was asking the Council to review the report and if consensus was to proceed, staff would return at a later meeting with the necessary budget amendments necessary to implement the changes. He also suggested the formation of a Municipal Court Advisory Com-ittee with a member of the Council to be included on that co-..ittee. McGrane reviewed current operations in the Municipal Court Division and briefed the Council on procedure revisions currently in effect in the Municipal Court. Staff was proposing the following recommendations: (1) St.ffing - upgrade the Municipal Court Supervisor to Municipal Court Administrator, add a position of Assistant Court Clerk, add a Senior Secretary for the Municipal Judgel (2) Space/Equipment - rearrange the Municipal Court section and the Casliiering section to allow for easier access betveen these two departmentsi (3) Automation/Communication - be prepared to start the automation system within two months. M,:Grane proposed two reporting groups to assist with the policy and procedures of the tunicipal Court. One group would consist of the City Manage, the Executive Director of Finance, the Treasurer, and the Municipal Court Administrator. This group would meet to diecuse problems in the Municipal Court. The second group, the Municipal Court Advisory Committee, would consist of the Municipal Court Administrator, the City Attorney, the Municipal Court Judge, the Finance Director or Treasurer and a Council Member. The purpose of this committee ,.ould be to deal with policy and major iss+:es of the Municipal court. Consensus of the Council was to proceed as presented. I I I 3 City of Denton City Council Minutes December 1, 1987 Page 2 2. The Council received a capital recovery fees update. David Ellison# Acting Executive Director of Planning, stated that a recent bill had been passed regarding capital recovery fees. The Texas Association of Builders had sponsored the bill because cities were passing impact fees based on poor studies and were enacting the fees overnight with little input from builders and citizens. The Association was finding that it was coat prohibitive to challenge the fees in court and had sponsored the bill in the Legislature. Ellison reviewed the provisions of the bill. Bob Nelson, Executive Director of Utilities, recapped information from previous studies and potential growth in related coats. It was the recommendation of the staff to proceed with water and sewer fees and wait on street and storm drainage fees. Staff was also suggesting reactivation of the citizens committee to further examine this area. Nelson also requested authorization to begin a new study on capital recovery fees. Consensus of the Council was that more information was needed and to place the item on a future agenda. 3. The Council convened into Executive session to discuss legal matters (Hawle vs. the City of Denton Anderson vs, the City of Denton D,I.S.D. vs. Walter Ra H3 wk et ex .I.Sb~ ve, Gary . F~ ana an u ate on sett emen o Cc;.~ity ve. city )o real estate, peraonne an board appointments. The Council then convened into the regular sesaion at 7:00 p.m. in the Couacil Chambers. PRESENT: Mayor Stephensl Mayor Pro Tem McAdamsl Council Members Alexander, Ayer► Boyd, Gorton and Hopkins. ABSENT: None 1. The Council considered approval of the minutes of the regular meeting of November 3, 19871 the work session of November 10, 19871 the regular meeting of November 171 19871 and the work session of November 24, 1987. Mayor Stephens requested that the following revisions be made to the minutes of November 17, 19871 (1) the reason for his ' absence, City business, be so noted and (2) the names of the individuals elected to the North Texas Higher Education Authority be inclueed in the minutes. Hopkins motion, Gorton second to approve the minutes as reviled. Motion carried unanimously, E e City of Denton city council minutes December 10 1987 Page 3 2. Public Hearings A. The Council considered a petition of Singing Oaks Church of Christ requesting a specific use permit in a multi-family district (MF-1) on a 0,134 acre tract located on the west side of Oakland Street approximately 140 feet south of Sawyer Street. The property was further described as u tract in the B.B.B. & C.R,R. Company Survey, Abstract No. 196, if approved, the specific use permit would permit the utilization of the existing structure as a residence and a student campus ministry center. 5-195 The Mayor opened the public hearing. 4 Ray Hawkins, Campus Minister at North Texas State University - Christian Campus Center, spoke in favor. The existing structure would be used as a residence and also as a student campus ministry center at Texas Womans University. He requested the Council to approve the petition. No one spoke in opposition. The Mayor closed the public hearing, Denise Spivey, Urban Planner, stated that the specific use permit would allow the existing residence to be used as a continued residence and campus ministry center, The permit would not violate the current intensity etandarGa'. Parmission had been obtained from TWU for off-sake parking. Thore were no Development Guide violations. Punning and Zoning had recommended approval with a 6-0 vote. The following ordinance was considered: NO. 87-212 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT ?OR A STUDENT CAMPUS MINISTRY CENTER, AS SAID PERMIT APPLIES TO A 0.134 ACRE TRACT OF LAND LOCATED AT 1017 OAKLAND STREE'i, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREFORI AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motion, Gorton second to adapt the ordinance, on roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gcrton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. k I N City of Denton City Council Minutes December 1, 1987 Page 4 B. The Council considered a petition of Claude E. Hill requesting a change in zoning from the multi-family (MF-1) district to the general retail (GR) classification on an 0.172 acre tract located on the south side of West Prairie Straet, approximately 100 feet east of Bonnie Brae Street, The property was further described as Lot 3, Block Of of the Owsley Park Addition. Z-1870 The Mayor opened the public hearing. Greg Edwards, Metroplex Engineering, spoke in favor of the petition. He stated that Mr. Claude Hill currently owned an adjoining lot at which was located the present Red Barn. The owner would like the zoning changed so that he could expand the existin, commercial uses if he so desired in the future, he Bonnie Brae was designated as a major arterial, the owner would be dedicating a 45' building line to allow for future expansion of Bonnie Brae. There would be only a minor change in the intensity of the area. No one spoke in opposition. The Mayor closed the public hearing, Denise Spivey, Urban Planner. stated that this was a request for a change in zoning on a 50' lot from multi-family to general retail, The property was located in a moderate intensity area what was currently under the standard by 351 based on the existing zoning and 461 based on existing land uses An approval of the request would not result in a violation of the intensity standard for the area. Staff's concern with the proposal was another policy of the Development Guide known as the Strip-Commercial Policy. Approval of the proposal would extend the commercial node rf strip commercial development. The Planning and Zoning Commission approved the request with a 6-1 vote. Mayor Pro Tem McAdams asked why a Planned Development had not been submitted if the owner was planning to expand his current business. Spivey replied that the owner did not have any current plans to expand but wanted the zoning for possible future use. The size of the lot would make it difficult for separate businesses to be built there, The Council allowed the property owner to address the Council. FYI City of Denton City Council Minutes December 1, 1987 Page 5 C.D. Hill, 3110 Monteclto, stated that he was owner of the property in question. He purchased the property because 20° of his property would be taken h the improvement of Bonnie Brae. That would destroy the uusinesses already on the site. When Bonnie Brae was improved, he could construct a similar building with an extension. The following ordinance was considered: R N0. 87-213 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTONt ORDINANCES OFSTHEO THE CODE CITY OF DENTONO T XASo BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP f APPLIES TO APPROXIMATELY 0.172 ACRE OF LAND LOCATED ON SOUTH THIE SIDE PRAIRIE STREET APPROXIMATELY FEET EST OF-BONNIE BRAE STREET AND MORE PARTICULARLY DESCRIBED HEREIN) TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM MULTI-FAMILY "MP-l" DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL "GR" DISTRICT CLASSIFICATION AND USE DESIGNATION1 PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2#000.00 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," "Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens nay. Motion carried with a 6-1 vote. C. The Council considered a petition of Burke Engineering, representing Tom King, requesting a change in zoning from the multi-family (HP-1) district to the planned development (PD) classification and approval of a detailed plan Highway t380) located on the feet east of North on a Drive 1.11 acre Locust Street (FM 2164). The property was further described as a tract in the N.H. Meisenheimer Survey, Abstract 811. if approved, the planned development would permit the development buildings. Z-an accessory office, game of th• and miniature two rest room courses room, The Mayor opened the public hearing. Tom King, owner of the property, spoke in favor of the petition. He felt that Denton needed such a project. He would be doing much of the coral zuction work himself and requested the Council to approve the request. 1 a k City of Denton city council minutes December 1► 1987 Page 6 Mack Stalls, 127 E. Sherman, spoke in opposition. He lived night north of the proposed project and objected to the type He activity such a project would create. He stated that the lighting of the area would create a problem as well as the associated owithmight that type of projectawouldhnot. beTconducive ito families living in the area.. The Mayor allowed Mr. King a rebuttal. would be 10' florescent King stated that the would lighting' n8' w w height but could be 10' lighting. The fet~cing if needed which .+ould block the light from surrounding homas. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated ehaththexpetitio structures if the petition was approved, and build an entertainment complex which would consist of three courses, an office/game room buildi d•rd for stan proposal would not violate miniature golf the overall development wouldibe a concerr, as the area. Strip commerrwel] as neighborhood compatibility. Parking would be required landscaping. sThebPlanning to be in the front o was proposedr f with and of the property w and Zoning Commission had denied the proposal with olicy an vthe due to the violation of commercial strip p protection of the existing neighborhood policy, McAdams motion, Ayer second to deny the petition. Motion carried unanimously. 3. The Council received a report from Mr. Thomas Fuller regarding street conditions in the City of Denton, specifically Bryan Streat and Avenue C. He Council showed council regarding street t various MCA City of spoke Denton. the the Ci City locations with poor street conditions including Avenue Cr Eagle He felt that streets. Drive a needed n► ow to Bryan repair e the and Oak action was Mayor Stephens stated that Mr. Fuller had a damage claim was adv Attorneyt not City and to discusshthetmatter at lthat timeised by the city 4. The Council received a report from the Denton Police Association regarding police employment opportunities, ,r 1 1 i I 1 I I I City of Denton City Council Minutes l December 1, 1987 Page 7 Roger White, President of the Denton Police Association, read a statement from the members of the Association objecting to the recent raises by. the City Attorney, Municipal Judge and City Manager. They felt that they had been mislead in consideration j of the recent raises. They asked what the Council planned to do about the market adjustments for the other City employees. They had lost confidence when they were told they would not be getting raises and then other people making much more money were gil:ei. Increases. They wanted to go on record supporting the Denton Fire Fighters Association in their endeavors to obtain a salary commensurate with the professional level of service they provided to the citizens of Denton. S. The Council received a report from the Denton Fire € Fighters Association regarding the need for pay raises in the Denton Fire Department, Ken Gold, Denton Fire Fighters Association, expressed support for the Denton Police Association in their efforts to achieve a Police Department pay plan that was commensurate with the responsibilities and the high degree of personal risk of the job. He stated that the firefighters were at the Council meeting because of their concern regarding some of the events which recently unfolded. At the beginning of the budget process, they were told that money was very tight • that there were no pay raises in the budget this year except for the step raises. The Fire Department was the only department to receive a pay cut this year. There was a pay raise to a few in City Management that was told to be based on need and responsibility. They were not against anyone getting a pay raise but that the 40t of the employc,•3 who were not eligible for step raises were composed primarily of firefighters who did not have step raises. An extensive pay survey was going to be completed by February that would be submitted to the Council. Mayor Stephens presented a rationale that the Council used concerning the pay increases for the City Manager Municipal Judge and City Attorney. He stated that a large number of City employees were eligible for step Increases and merit increases. The previously mentioned three employees ware employed directly by the Council. These employees were relatively new and the Council wanted to treat them as other members of the City were treated. Based on the past year's activities, the Council felt that these three employees were deserving of merit increases. There were no across the board raises but merit increases which were well deserved. The other members of the Council shared their views and concerns dealing with this issue and expressed support of the Mayor's comments. I ti City of Denton City Council Minutes December 11 1987 Page 8 Bill Willicroson stated that the council had missed the point concerning the raises given the City Manager, City Attorney and Municipal Judge. People were upact by the way in which the raises were given. There was poor communication between the Council and the public. People were upset with all the talk of belt tightening and then these three people were given substantial raises. Jerry Cott read a statement supporting the position of the Council with respect to the merit increases of the City Manager, City Attorney and Municipal Judge. 61 Consent Agenda j Mayor Stephens stated that item 6.A.9. had been pulled by the staff. 1 Gorton r..otion, Hopkins second to approve with Consent Agenda with the exception of Item 6.A.9. Motion carried unanimously. A. Bids and Purchase Orderns: 1. Bid #9802 - Roof Repair (Power Plant) 2. Bid #9801 - Vibratory Roller 3. Bid #9800 - Pavement Markers 4. Bid #9801 - Medical Supplies 5. P.O. #82025 - Motorola communications 6. P.O. #82024 - Motorola Communications 7. P.O. 80410 - General Electric 81 P.O. #82011 - General Electric Pulled By 9. P.O. #820%6 - S 6 T Equipment Staff B. Final Payments 1. Consider a final payment to Bittercreek Construction, Inc. - Evers Park/Hercules sidewalks. ;r t f { City of Denton City Council Minutes December 11 1987 Page 9 C. Plats and Replats 11 Consider approval of preliminary and final replats of part of Lot 4, Block A, of the Freeway Park Addition, Section II, 2, Consider approval of preliminary and final replats of Lots 1R and 3, Block 13, of the Oweley Park Addition, D. Tax Refunds 11 Consider approval of a tax refund to west Energy, Inc. - $526.76. 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services, The following ordinance was considered: N0. 87-214 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: ANO PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. as The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 87-215 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDINv FOR THE AWARD OF CONTRACTS FOR PUBLIC W)RXS OR IMPROVEMENTS] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE, r City of Der' .in City Council Minutes December 1, .987 Page 10 McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye " Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipments supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was consideredt NO, 87-216 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS 'FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PRGVISIONS j OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll votes McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D, The council considered adoption of an ordinance approving a change order to the contract between the City of Denton and Tonto Constructions Incorporatedl approving payment ` in t' amount of $290802,141 and providing an effective date. f The following ordinance was coneidereds NO. 87-217 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND TONTO CONSTRUCTION, 1NC61 AND PROVIDING AN EFFECTIVE DATE. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council onsidered adoption of an ordinance amending Chapter 17 of the Code of ordinances of the City of Denton, Texas ("Plumbing code") to provide for amendments to the Uniform Plumbing Code1 to provide for additions tharetol repealing all ordinances in conflict herewithl providing for a penalty in a maximum amount of $2,000.00 for violations thereofl and providing for an effective slate. f 1 1 r I City of Benton City council minutes December 10 1987 Page 11 The following ordinance was considered: NO. 87-218 ` AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("PLUMBING ` CODE") TO PROVIDE FOR AMENDMENTS TO THE UNIFORM PLUMBING CODEI TO PROVIDE FOR ADDITIONS THERETOI REPEALING ALL ORDINANCES IN CONFLICT HEREWITHI PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that the ordinance contained amendments to the PVC pipe regulations. In the past the cleaner was clear which made it difficult for inspectors to determine if the pipe had indeed been cleaned. The amendment would require the cleaner to be colored to help verify the application of the cleaner. Alexander motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F, The Council considered adoption of an ordinance desip acing and establishing speed zones for east and west bound traffic on Hobson Lane from its intersection with Forestridge to FM1830 (Country Club Road)I providing for a penalty of a :ine not to exceed two hundred dollars ($200.00)1 providing a severabiiity clause) and declaring an effective date. The following ordinance was considered: N0. 87-219 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON HOBSON LANE FROM ITS INTERSECTION WITH FORESTRIDGE TO F.M. 1830 (COUNTRY CLUB ROAD)j PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS (200.00)1 PROVIDING I A SEVERABILITY CLAUSEI AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Alexander second to adopt the ordinance. On roll Vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 6-1 vote, ,4 kI~lr I City of Denton City Council Minutes December 1, 1987 Page 12 G. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the west side of a portion of Glenwood Lanes providing a severability clauses providing an penalty not to exceed two thousand dollars; and declaring an effective date. The following ordinance was considered: NO. 87-220 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE, OF A PORTION OF GLENWOOD LANE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Gorton motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance of the City of Denton, Texas, making it unlawful for vehicles travelling northbound on Malone Street to execute right turns when facing a steady red signal at the intersection of Malone Street and University Drive; providing for a penalty in the maximum amount of two hundred dollars for violations thereof; and providing for an effective date. The following ordinance was considered: NO. 87-221 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, MAKING IT UNLAWFUL FOR VEHICLES TRAVELLING NORTHBOUND ON MALONE STREET TO EXECUTE RIGHT TURNS WHEN FACING A STEADY RED SIGNAL AT THE INTERSECTION OF MALONE STREET AND UNIVERSITY DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "eye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and mayor Stephens "aye." Motion carried unanimously. i i I E City of Denton City Council Minutes December It 1987 Page 13 a, Resolutions A. The Council considered approval of a resolution E adopting Policy No. 108.10 "Harassment"; and declaring an effective date. The following resolution was consideredi ii RESOLUTION NO. R87-077 A RESOLUTION ADOPTING POLICY NO. 1C8,10 "HARASSMENT"1 AND DECLARING AN EFFECTIVE DATE. Chandra Irving, Analyst Trainer, stated that this was a I. revision of the sexual haraasment policy to include racial, sexual, religious and ethnic harassment. I McAdams motion, Hopkins second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. i 9. The Council considered revisions to the 1987-88 Capital improvements Plan Water/Wastewater Utility. Bob Nelson, Executive Director of Utilities, stated that this was a request to reduce the level of the Cip in the water and wastewater utility area, Growth levels were not as much as anticipated and revenues were not as much as projected. There was also a larger write-off of bad debts in the water area. All of those factors led the staff and the Public Utilities Board to re-examine the level of CIP scheduled for 1987-88. Several projects were suggested for removal which couli be deferred. Nothing would be involved in the street programs and nothing was essential to health and welfare of the community. The projects that were deferred would have the option to be reviewed and included again at a later date. Dave Ham, Director of Water/Wastewater Utilities, presented the items that staff was recommending be deferred. (1) C.A.D. mapping system - original estimate was too high, (2) New water plant - proceed with the new plant but the design cost would not be as high as originally estimated, (3) Water distribution - oversize participation was not as much as predicted, (4) Street program - better estimate on costs of the program, (5) Replace 6" lines with 8" water lines - not necessary due to slower growth, (6) Water line in the Ranch Estates area - anticipation of future development which could bra deferred until a later date, (7) Wastewater collection - increased line sizes not necessary due to slower growth than predicted, (8) Wastewater treatment plant - continue with the design in-house and defer construction until later. It r i s I F. I City of Denton City Council Minutes December 1, 1987 Page 14 McAdams motion, Alexander second to approve the revisions to the 1987-88 CIP Utility Plan. Motion carried unanimously. 10. The Council considered approval to submit a grant application to the Texas Water Development Board for implementation planning (Phase 2) of the Denton County Regional Water and Wastewater Service Study. { Bob Nelson, executive Director of Utilities, stated that this f was the next step in the Denton County Area Water Study. The next stage was to proceed with some in-depth studies of areas i proposed by the Study. The Committee recommended to proceed P with some additional studies and seek State aid for some of those. There were eight different areas that the Committee was looking at. Some of those arras included a water exchange plan, regulatory powers and feasibility plan for the Committee, water shed pollution concerns, and water conservation. McAdams motion, Alexander second to approve the request to submit a grant application. Motion carried unanimously. 11. The Council considered approval of a parking request from Denton County. Lloyd Harrell, City Manager, stated that several months ago the Presiding Judge from the County had approached the City in regards to parking needs that the County employees would have as they moved back into the County Courthouse. After several discussions, a proposed joint parking effort was wo!ked out between the County and the City. The County would lease 30 parking spaces in the Williams Square Parking Lot and would encourage employees to use those spaces rather than park around the Square. The Judge requested five parking stickers for the Judge and Commissioners to be able to park on the Square. Staff was recommending the issuance of the five stickers and to formally amend the lease agreement at a later date. McAdams motion, Hopkins second to grant approval of the request for five temporary stickers for the county Commissioners Court members. Motion carried with a 6-1 vote with Gorton casting the "nay" vote. 12. The Council held a discussion regarding Highway 77 improvements. LLoyd Harrell, City Manager, stated that when Mayor Stephens and Deputy City Manager Rick Svehla visited with the District Highway Department, they mentioned the need to expand Locust Street to four lanes where it came into town from 135. This roadway was not on a state improvement elan or in any long-range planning, it was the City's thought to get this f ` ~f ➢1 4 City of Denton City Council Minutes December 1, 1987 Page 15 project on the State's 10 year plan. Wednesday, December 2, 1987, Deputy Manager Svehla received a call from the District Highway Engineer. Indicating that the State had just received additional Federal Aid Urban money and that they had $5 million available to allocate for a project. They were ready to allocate that $5 million to the City of Denton for the Highway 77 project which would begin at I3S and continue to FM2164 with four lanes of traffic. Enough right~ofaway would be purchased so that two additional inside lanes could be built in the future making the roadway into a 6 lane facility. From the I curve at FM2164 to Sherman Drive, the project would be a oneaway couplet using Locust and Elm Streets, three lanes wide. The State needed a commitment from the City as soon as the 2nd of December, 1987. The City was required to meet certain conditions which included (1) the projected construction cost of the project was $6 million, $1 million of !'n which would be the City's responsibility, (2) the City would assume the responsibility for acquiring all of the rightaofaway ' necessary for the construction, (3) the City would be required to relocate all of the utilities in the area, (4) thi City would donate Locust Street from FM2164 to the State Highway Department, (5) the City would have to commit to making Locust and Elm a one•way couplet from the curve on FM2164 to Sherman Drive, (6) the City would need to make a commitment to the State no later Friday, December 4, 1987. Staff was proposing the following in order to meet the State's requirements, (1) the $1 million construction donation ~ $S00,000 was Already earmarked for the repaving of Locust from University to Congress from the $10 million bond issue which the State Highway Department had already done. Texas Instruments was willing to give the City a $S00,000 commitment to cover the rest of the construction cost contingent on the project h happening and the City willing to install a temporary signal light acid minimal turn lane work so that employees could get in :,nd out of the plant. (2) Right-of•way expense - staff would immediately begin to contact major property owners in the area to find donations of rightao£•way and possible monetary commitments to help purchase the right-of-way that would not be donat-d. (3) Locust Street donation to the Highway Deppartment a dun to the fact that the City had already spent $SO0,000 on Loci.st, the State was willing to cut $S00,000 from the construction price. (4) One-way couplet of Elm and Locust this would not be a popular decision with the citizens but eventually that would occur anyway. (5) Relocation of utilities & this could be done by a Utility CIP project. (6) Giving the State a decision so quickly a staff would prefer to have a longer perind of time to study the proposal, but that was just not available. i I i V City of Denton City Council Minutes December 1, 1987 Page 16 Rick Svehla, Deputy City Manager, presented the major steps in the time schedule for construction of the project. ) After a discussion by the Council, consensus was to instruct staff to convey acceptance to the State Highway Department of the offer and to further work with the Highway Department on an agreement for formal approval. Council Member Gorton stated that he could not support the project at this time due to the fact the public had not been informed ahead of time. Consensus of the Council was to have Deputy City Manager Svehla express their concern with the one-way couplet of Locust and Elm. 13. Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following item: 1 A. A Council meeting might be necessary for either the 22nd or 29th of December due to the length between Council meetings. He asked for a consensus of a possible date. Consensus of the council was to meet on the 29th of December if necessary. 14. The following official action was taken on the Executive Session item of legal matters: Council Member Gorton left the meeting. Debra Drayovitch, City Attorney, stated that pursuant to the discussion of agenda item concerning the Flow Hospital lawsuit settlement, staff was requesting that official action be taken in that regard. She reported that the attorneys had met two full days and drafted eight of the eleven necessary documents for the settlement. Wednesday afternoon was the latest that any changes could be made and all the parties would execute the documents Thursday and Friday. Friday, December 4, 1987, the documents would be presented to the District Judge for his signature. Thirty days after that would be the closing on the property and the City, County and Trust would transfer their interest in the Hospital to the new Flow Regional Medical Center, inc., the non-profit 501 (c)(3) corporation. Mayor Pro Tem McAdams left the meeting. Drayovitch requested that the Mayor be authorized on a voice vote to execute certain agreements relative to the compromise-settlement agreement and the finalization of all of i 4 1 I I City of Denton City Council Minutes December 1, 1987 Page 17 the documents necessary for the transfer. Those documents would be presented to the Cou m:11 for formal ratification at the next Council meeting. Boyd motion, Alexander second to authorize the Mayor to execute the compromise and settlement agreement in the lawsuit of the County vs. the City and to execute the asset transfer agreement regarding Flow Memorial Hospital and a service agreement with Flow Regional Medical Center, Inc. On a voice vote, motion carried unanimously. Mayor Pro Tem McAdams and Council Member Gorton returned to the meeting. i 15. New Business There were no items of new business suggested by the Council Members. 16. The Council did not convene into the Executive Session. With no further business, the Council adjourned at 10:10 p.m. { I l RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS JENNIFER CITY SECRETARY CITY OF DENTON, TEXAS 28130 } i i h CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 8j 1987 The council convened into the Work Session at 5:30 P.M. in the Civil Defense Room. PRESENT: Mayor Stephensl Mayor Pro Tem McAdams] Council Members Ayer, Alexander, Boyd, Gorton and Hopkins ABSENT: None The mayor recognized John Matthews, Leadership Denton, and the members of the Leadership Denton class. John Matthews, Leadership Denton, introduced the members of the class to the Council and presented a brief overview of the program. 1. The council received a report regarding the status of the Economic Development Program. Bill Holt, Economic Director-Denton Chamber of Commerce, reported that the program was working on a target market study of the Dallas-Ft. Worth metroplex, a study of the strengths and weaknesses of Denton, an industry retention program and a small business assistance program. He stated that the program was trying to solicit new businesses to Denton, keep the businesses Denton already had, and assist small businesses in Denton. Betty McKean, Executive Director of Economic Development and Municipal Services, presented the economic development goals for the City. 2. The council received a presentation of the North Texas Commission annual contract request. Mayo: Stephens stated that this was a regular budget item which had been approved in the budget. The contract was up for renewal and staff was asking Council's views on the renewal of the contract. Consensus of the Council was to proceed with the renewal of the contract. 3. The council received a final report from the main Street Funding Task Force. Council Member Gorton relayed the organizations concerns regarding going back into their budgets so late in the year for funding for the Main Street Project. His opinion was that it was too late for state funding for this year and that perhaps it would be better to organize the program for next year. He stated that he endorsed the recommendations of the Task Force. E. t' 3 I N City of Denton city council Minutes 1 December 8, 1987 Page 2 Council Member Alexander stated that the Main Street Project was an important part of the Economic Development Program. He would like to start making plans for the project this year so that they could be implemented next year. Yvonne Jenkins of the Task Force stated that the Main Street Project was viable but not under the time frame that was given for this year. She felt that continued communication was needed for next year. 41 The Council held a discussion regarding possible joint elections with the Denton independent School District. Jennifer Walters, City Secretary, informed the council that Gilbert Bernstein of the D.I.S.D. had inquired about the possibility of contracting with the City to hold joint School Board/City Council elections. She presented several suggestions in connection with such a contract. i ' Consensus of the Council was to proceed with the drafting of a contract to be presented to the Council at a later date. 5. The Council received an update regarding the construction of a neighborhood park at the intersection of Teasley and Longridge. Steve Brinkman, Director of Parks and Recreation, stated that the property was a future site for an elementary school. There were no plans to use the site by the D. I.S.D. for approximately five years. A minimum development of the site was proposed for a park similar to Briarcliff Park on State School Road. Bob Tickner► Superintendent of Parks, described the property conditions and the informal play areas proposed for the site. The equipment would be portable in nature for future movement when the school was built. 6. The Council convened into the Executive Session to discuss legal matters (D.I.S.D. vs. Walters Ra Hawk et. ex. and D.I.S.D. Vs. Gary 04a are ► real estate, an personnel and board appointments. No official action was taken. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens: Mayor Pro Tem McAdams: Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None J j i S~ r City of Denton City Council Minutes December 8, 1987 Page 3 1. Public Hearing A. The Council considered a petition of W. D. Byrne, representing the Y.M.C.A, of. Metropolitan Dallas, requesting extension of an existing specific use permit and amendment of the approved site plan for an 8.59 acre tract located at the northwest corner of Windsor Drive and Riney Road. The property was further described as a tract in the N.H. Meisenheimer Survey, Abstract 810, and was the location of the Y.M.C.A. office and athletic facilities. The Mayor opened the public hearing. Bill Byrne, Director of property management for the Y.M.C.A., recommended approval of the petition. He stated that there 4 were four recommendations from the Planning and Zoning Commission that he would like to comment on. He stated that the Planning and Zoning Commission had recommended that the { parking lot containing SO additional spaces be completed within ' a year from the effective date of the ordinance. He was requesting that. the effective date be within a year of the Certificate of Occupancy. The Planning and Zoning Commission had also recommended that the screening by the parking be completed within a year from the effective date of the ordinance. He was requesting that the screening have the same time limit. The other conditions from the Planning and Zoning Commission were agreeable. Mayor Pro Tem McAdams asked what was the anticipated completion date. f Bryne replied by the end of April. Construction time was approximately 180 days. Sandy Morander, Executive Director of the Y.M.C.A., requested approval of the petition. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that the original Specific Use permit. was approved in 1984 with a condition that if the project was not completed within 3 years, the permit would expire and a new permit would have to be submitted, Concerns of the Planning and Zoning Commission Included (1) Parking • S6 spaces were now available. Neighborhood comments indicated that parking was a major problem, particularly on Saturday and Sunday with sports events. Planning and Zoning concern lead to the condition that additional parking be completed ~ilthin one t. 3 of Denton city council Minutes City December 8, 1987 Page 4 year of the effective date of the ordinance. Any changes would have to be presented to Planning and Zoning and the City Council. (2) Screening - Planning and Zoning had recommended a R permanent 6' living screen located along the northern boundary of the additional parking lot for 0 sual screening purposes from the adjacent houses on the north. A possible compromise might be that the screen would be installed before the parking lot was to be used but that a three year period might be allowed for the screen to reach its maximum height. (3) Signs - no detachable signs would be permitted. (4) Landscaping - 20% of effective hedate aofu the be ordlandscaped within inance, Planning 2 and rZoni g had recommended approval of the petition on December 2, 1987 with a 5-0 vote with conditions. Lloyd Harrell, City Manager, stated that staff was concerned that the building would be built and ready for use before gthee parking would have to be in place if the adjustment was mad the condition of parking completion within one year of the effective date of the ordinance. The following ordinance was considered: NO, 87-222 I I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A. SPECIFIC USE PERMIT FOR A YMCA FACILITYr AS SAID PERMIT APPLIES TO 8.5 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF WINDSOR DRIVE AND RINEY ROAD) REPEALING THE SPECIFIC USE PERMIT GRANTED BY ORDINANCE NO. 84-95: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF1 AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motion, Mc%dams second to adopt the ordinance. Gorton motion, Boyd second to amend Faction 3, Subsection 2 of the ordinance to read "which will ,nature over a three (3) year period to a minimum height of six feet". On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye" Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council then voted on the main motion as amended. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," "Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens aye. Motion carried unanimously. l I City of Denton City Council Minutes December B, 1987 Page 5 Mayor Stephens recognized John Matthews of the Leadership Denton group in the audience. John Matthews, Leadership Denton, presented a brief overview of the program and introduced members of the group. Item 3.D. was moved ahead in the agenda order. 3. Ordinances i D. The Council considered adoption of an ordinance directing the issuance of notice of sale of $3,600,000 General Obligation Bonds. I The following ordinance was considered: ` 81-225 r ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS Council Member Hopkins left the meeting with a potential conflict of interest. John McGrane, Executive Director of Finance, stated that this was a charter requirement that prior to any bond sale the City had to give notice of that intent to sell. This was the second year of the five year CIP plan. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Hopkins returned to the meeting. The Council returned to the regular agenda order. 2. Consent Agenda Mayor Stephens stated that Item 2.A.1. would be pulled for special consideration. Lloyd Harrell, City Manager, stated that the proposed fire engine acquisition program would modernize the current fleet, Some of the engines were very dated And many pieces of equipment were at times out of service for maintenance due to the age of the equipment. F'. John Cook, Fire Chief, stated that this was a combined efforts of various City departments, it would significantly improve L the safety of the firefighters and the citizens. The new [ equipment would also increase the City's fire flow and improve fff the depth of the Fire Department, I } i ~----yam r - ~ - - • F I I City of Denton City Council Minutes December 8, 1987 I Page 6 Stephens motion, McAdams second to approve the Consent Agenda as presented. Motion carried unanimously. Consent Agenda A. Bids and Purchase orders: 1. }9799 - 1500 GPM Pumper Firetruck 3. ordinances I A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: y NO. 87-223 !E i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, c SUPPLIES OR SERVICESI PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREi AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," 'Ayer "aye," Boyd "aye," and mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance and service plan instituting annexation of approximately 587.3035 acres of land being part of the J. Clayton Survey, Abstract No. 221# J. Lamar Survey, Abstract No. 754; and M. S McBride Survey, Abstract No. 804. A-51 The following ordinance was considered: NO. 87- 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 587.3035 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON# STATE OF TEXAS AND BEING PART OF THE J. CLAYTON SURVEY, ABSTRACT NO. 221, J. LAMAR SURVEY, ABSTRACT NO. 754, AND M. MCBRIDE SURVEY, ABSTRACT NO. 804, DENTON COUNTY, TEXASt CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY# AND DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that the annexation was at this point still at the 1000' width. Prior to final adoption, it would be dropped back to the 100' width. r J City of Denton City Council Minutes December 8, 1987 Page 7 Alexander motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance amending the zoning map of the City of Denton, TexasF 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, as said map applies to 23.7 acres of land, as is more particularly described herein, to provide for the crAation of an historic district in accordance with the provisions of Articla 28A of i Appendix B-Zoning of the Code of Ord£nan:esl said district to be known as the Oak-Hickory Historic District] providing for a penalty in the maximum amount of $2,000.00 for violations thereof] and providing for an effective date. The following ordinance was considered: j NO. 87-224 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENT;.' , TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX I\) THE CODE OF ORDINANCES OF THE CITY OF DENTONF TEXAS, BY ORDINANCE NO 69-10 AS AMENDE:, AS SAID MAP APPLIES TO 23.7 ACRES OF LAND, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF AN HISTORIC DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 28A OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES1 SAID DISTRICT TO BE KNOWN AS THE OAK-HICKORY HISTORIC DISTRICT PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 21000.00 FOR VIOLATIONS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE Council Member Boyd left with meeting with a potential conflict of interest. Denise Spivey, Urban Planner, presented a brief overview of the historical district. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Boyd returned to the meeting. D. Item D. was considered earlier in the meeting. t E f City of Denton City Council Minutt+s December 8, 1987 Page 8 r E. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract with Employee Resources for-admLnistration of the Flexible Benefits Program. The following ordinance was considered: NO. 87-226 AN ORDINANCE AUTHORIZING THE MAYOR TO FXECUTE AN AGREEMENT WITH EMPLOYEE P,ESOURCES ADMINISTRATION CORPORATION FOR ADMINISTRATIVE SERVICES RELATIVE TO THE CITY'S PROPOSED FLEXIBLE BENEFITS PLAN1 AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. Tom Klinck, Director of Personnel, stated that this would be an enhancement of benefits for employees of the City which was considered with the adoption .of the budget. Certain employee benefit expenses would be allowed to be paid on a pre-tax basis I as opposed to an af'.er-tax basis. This was a voluntary option for the employees. A savings would be realized by both the City and the employees. Hopkins motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the Mayor to execute a Compromise and Settlement 4 Agreement in that certain litigation styled Denton County Vs. the City of Denton, et al. i The following ordinance was considered: NO. 87-227 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE AND SETTLEMENT AGREEMENT IN THAT CERTAIN LITIGATION STYLED DENTON COUNTY VS. CITY OF DENTON, BOARD OF DIRECTORS OF I. MEMORIAL HOSPITAL, H. E. FLOW TRUST AND JIM MATTOX, ATTORNEY GENERAL OF TEXAS AND DECLARING AN EFFECTIVE DATE. ` Council Member Gorton left the meeting with a potential conflict of interest. f ,r E I City of Denton City Council Minutes December 8, 1987 t Page 9 Debra Drayovitch, City Attorney, stated that the ordinance would ratify the Council's voice vote of the previous Tuesday in which the Mayor was authorized to execute the compromise settlement agreement in the lawsuit in which the County ar.d the Hospital sued the City. The compromise settlement agreement was approved by Judge Sam Houston Friday, December 4, 1987. The agreement set forth the terms of settlement of the lawsuit and included a settlement as to everything excpot for indigent 3 care which would continue to be litigated. F•ltibits to the compromise and settlement agreement included the asset transfer agreement which was the vehicle by which the City, the County, and the Flow Trust transfers its interest to the 501 (00) non-profit corporation to run the Hospital, The closing was scheduled for January 8, 1988. Boyd motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing entry into an agreement with the County of Denton, The Flow Memorial Hospital Board of Directors, the H. E. Flow Trust, the Attorney General of Texas, and Flow Regional Medical Center, Inc, for the transfer of assets of Flow Memorial Hospital; and declaring an effective date. The following ordinance was considered; NO. 87-228 AN ORDINANCE AUTHORIZING ENTRY INTO AN AGREEMENT WITH THE COUNTY OF DENTON, THE FLOW MEMORIAL HOSPITAL BOARD OF DIRECTORS, THE H. E. FLOW TRUSTr THE ATTORNEY GENERAL OF TEXAS, AND FLOW REGIONAL MEDICAL CENTER, INC. FOR THE TRANSFER OF ASSETS OF FLOW MEMORIAL HOSPITALI AND DECLARING AN EFFECTIVE DATE. Debra Drayovitch, City Attorney, stated that this was the asset transfer agreement which had been approved by the Attorney General's Office. McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye#" and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Flow Regional Medical center, Inc, for the provision of health care services to the residents of the City and providing an effective date. r 1 City of Denton city council minutes December 8, 1987 Page 10 The following ordinance was considered: NO. 87-229 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE i CITY OF DENTON AND DENTON REGIONAL MEDICAL CENTER, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE. { McAdams motion, Alexander second to adopt the ordinance, on roll Vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Gorton returned to the meeting. 1. The Council considered adoption of an ordinance accepting a bid for a hydroelectric turbine purchase for Lewisville Lake from Dominion Bridge-Sulzer. The following ordinance was consideredr NO. 87-230 AN ORDINANCE ACCEPTING THE BID FOR THE CONSTRUCTION OF A TURBINE WITH AUXILIARY EQUIPMENT FOR THE LAKE LEWISVILLE HYDROELECTRIC PROJECTI AWARDING A CONTRACT TO DOMINION BRIDGE-SULZER, INC,) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. Bob Nelson, Executive Director of Utilities, stated that this was an ordinance for bid acceptance for a hydroelectric turbine contract for Lewisville Lake. There were two bids for the project and based on an evaluation, the Sulzer unit was determined to bn better. Savings to the water/wastewater department would be approximately 200,000 per year. Council Member Hopkins stated that she would vote for the ordinance but with reservations. Her reservations were that the project had not been legally cleared through TMPA which hold the position that the power sales agreement prohibited such a procedure. She would only vote for it because she had been assured by the City Manager and the Executive Director of Utilities that in the event the power sales agreement was not amended by the time the plant went into operation, there existed better than 50/50 or 80/90 percent chance that the City could sell the plant and recover the money spent on the project. I i City of Denton City Council Minutes December 8, 1987 ; Page 11 McAdams motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 4, Resolutions A. The Council considered approval of a resolution by the City of Denton, Texas, authorizing tt,9 City Manager to sign and submit an amendment to the Final Statement of Objectives and Projected Use of runds submitted 3one 1, 1987 to the Department of Housing and Urban Development with appropriate verifications, as authorized and required by the Housing and Community Development Act of 1974, as amended] and declaring an effective date. i The following resolution was considered; RESOLUTION NO. R87-078 j A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 11, 1987 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDEDI AND DECLARING AN EFFECTIVE DATE. Connie Wells, Chairman of the Community Development Block Grant Committee, stated that this was a request to change an allocation of $25,000, Originally the money was to be used for a feasibility study for a small business incubator. It was being requested that the money be used to implement a small business development center. Hopkins motion, McAdams second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. item B. was pulled from the agenda. 5. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, had no items for consideration. 6. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. ~i k City of Denton City Council Minutes December 8, 1987 Page 12 7. New Business The following' items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton requested that the legal documents necessary to create a Main Street Project Task Force be prepared to carry on the project. 8. The Council did not reconvene into the Executive Session. If With no further business, the meeting was adjourned at 8:15 p.m. • RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS i i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS I 2817C ~ l f ► i j I i 4 viol q From Giselle Kroebe2 Fund Development and Public Relations December Cross Timbers Girl Scout Council 31, 1987 1400 Crescent Denton, Tx. 76201 i To i Major Ray Stephens of the City of Denton, Tx. 215 E. McKinney St. Denton, Texas } i i. Be* i Petition for permission to display two (2) street banners in the City of Denton (at Elm St. and at Locust St,) r frokiFebruary 1,1988 to February 29,1988. Major Ray Stephens, Kindly regard this document as a petition for permission to display two Girl Scout Street Banners during the time of 2-1-1988 to 2-29-1988 to promote our Girl Scout Cookie Sales, The banners have during previous years been placed on Elm Street and Locust Street. This would be agreeable with the Council, Thank you for Y your consideration, and we await your early decision, S~ncerely yours ~CJ`CJc~ z iselle Kroebel for the Cross Timbers Girl Scout Council Denton, Tx, ,r I , t F a~ nd f R, ~s ~I i ~I { i , { J t t I 4 DATE: D1/U5/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Adoption of an ordinance and service plan annexing approximately 23.126 acres of land being part of the A, Gibson Survey, Abstract 498, and located south of E1 Paseo Drive at Forrestridge. (A-53) RECOMMENDATION: The Planning and Zoning commission recommended approval at its November 4, 1987 meeting. SUMMARY: r This is a tract of land south of Forrestridge Addition which is proposed for single family development on minimum 16,000 square foot lots, A son- trig request and plot were submitted to the City of Denton during 1985 and the staff misinterpreted the location as already being in the city limits, BACKGROUND: A plat for Forrestridge Addition, Phase III, was approved in 1985. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: f Planning and Development Department and all departments who provide services to the public. FISCAL IMPACT[ No impact has been determined. ' r Respect Eu y submittedi City Wager Prepared by: Cecile Carson Urban Planner Approvedt ~6~db ~v~y0' David Ellison Acting Director for Planning and Development I t I i i I' I A 'l978L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 23.126 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING ART OF THE A. GIBSON SURVEY, ABSTRACT NO. 498, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTPICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which Is attached hereto and incorpo- rated by reference herein, was introduced at a regular meeting of I` the City Council of the City of Denton, Texas, on the petition of the City of Denton, and WHEREAS, an opportunity w s afforded, at a public hearingg held for that purpose on the day of c A q r , 1987 in the Council Chambers for all ~ interested persons o sae their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity w~s afforded at a public hearing held for that purpose on the 3 - day of Wnyrto Le r- , 1987 In the Council Chambers for all interested persons to sae their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the tract of land described in said Exhibit All eland the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the k land and the present and future inhabitants thereof shall be l entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shill be subject to and shall bear its prorate part of the taxes levied by the City. SECTION It. The property described in Exhibit "A" Is hereby classified-as Wgricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such A-S3/PAGE ONE .f r A unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Pro- vided, further, that if there is included within the general description of territory set out in Section 1 of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereby excluded and excepted rom the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein, SECTION IV. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the A00day of )VOver4ibe 1997. PASSED AND APPROVED by the City Council on the day of 1980. RAY 1 ATTEST: i JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM! DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: A-SS/PAGE TWO J f t EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land that is situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas, being a portion of a certain (called) 116.054 acre tract deeded by John Maeckle to Fort Worth Savings 8 Loan Association on the 14th day of February, 1973 and recorded in Volume 660, Page 131, Deed f Records of Denton County, Texas, and being more fully described as follows; BEGINNING at the Southwest corner of Forrestridge Addition, Phase II; THENCE South 85°32105" East a distance of 1114.79 feet to an iron pin in the West right-of-way of Forrestridge Drive; THENCE South 04°41'05" East a distance of 6.90 feet to an iron pin in the West right-of-way of said Forrestridge Drive; THENCE North 89°51'55" East a distance of 130.20 feet to an iron ' pin, also being the Southeast corner of Forrestridge Addition, Phase 11; THENCE South 00037131" West a distance of 801.72 feet to an iron pin; THENCE North 89018'51" West a distance of 220.49 feet to an iron pin; THENCE North 00031109" East a distance of 63 59 feet to an iron pin; THENCE North 8S°32105" West a distance of 1120.50 feet to an iron pin; THENCE North 00016137" East a distance of 741.98 feet to the point-of-beginning and containing 23.126 acres of land, 4 Rr PLAN OF SERVICE FOR ANNEXED AREA, CITY OF UNION, 'TEXAS 1. Basic Service Plan A. Police Patrolling, radio responses to calls, and other routine police strvices, using present personnel and equipment, will be provided on the effective date of annexation. B. Fire k Fire protection by the present personnel and equipment of the fire fighting force, will be provided on the effective date of annexation. C. hater/Wastewater Maintenance of public water and wastewater facilities will begin within sixty (60) days after the effective date of j ( the annexation for all facilities required to be maintained tf by the City of Denton. D. Refuse Collection The same regular refuse collection service now provided within the City will be extended to the annexed area within sixty (6U) days after the effective date of annexation. 1. Streets 1. Emergency maintenance of streets (repair of hazardous chuckholes, measures nec)ssary for traffic flow, etc.), will begin on the effective date of annexation. 2. Routine maintenance on the same basis as in the present City, will begin in the annexed area on the effective t date of annexation. i 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, constructloi, of curbs and gutters, and other such major improvements, as the ne,,d therefore is determined by the governing body, will be accomplished under the established policies of the City. 4 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. F. Inspection Services 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. J I a 1 Y Service Plan Annexed Area Page 2 G. Planning and Zoning 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 and a zoning designation for the property will be established. H. Street Lighting ; Street lighting will be installed in the substantially developed areas in accordance with the established policies of the City. 1. Recreation Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effective date of annexation. The same standards and policies now V used in the present City will be followed in expanding the recreational program and facilities in the enlarged City. J. Electric Distribution The City recommends the use of City of Denton for new electric power. ` k. Miscellaneous k Street name signs where needed will be installed within approximately six (6) months after the eftective date of annexation. f' 11. Capital Improvements Program (CIP) The CIP of the City is prioritized by such policy guidelines as: A. 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 re- sttaints or opportunities. E H. Impact on the balanced growth policy of the City. C. Impact on overall City economics. The annexed area will be considered for CIP in the upcoming CIP plan. The annexation area will be judged according to the same established criteria as all other areas of the City. c T t i ' ^r i t P p q _4 W f ~F r i s dt 1 If ~ (t i J i a ` i NORTH I !a ~ rya saes i a i L. ~ AM I , j y I A-53 ~.i w. i N ' I ANNEXATION SChLbULL A-51 ,i October Ub, 1987 City Council sets date, time and place for public hearings October U99 1987 Notice published in Denton Record Chronicle for first public hearing i 1., October 20, 1987 City Council - first public hearing /October 23, 1987 Notice published in 1?nton Record Chronicle for second public hearing .,,November 03, 1987 City Council - second public hearing ✓ November 04, 1987 Planning and Zoning Commission makes recommendation , ' November 24, 1987 City Council institutes annexation ,,,Kovember 29, 1987 Publication of ordinance in Denton Rey-ord Chronicle January 05, 1988 Final action by City Council E { ;1 P 6 Z Minutes November 4, 196' Page S II( Ms. Brock moved to deny 2.11171. Seconded by Mr. kamman, Mr. Glasscock stated that he was looking at this from a standpoint of attractiveness. He said that the area from Bell to Locust is not an attractive area. Me said that there needs to be some activities for young people to keep them in control, off the streets, and in an alcohol free environment. Ms. Carson stated that the proposed zoning would allow the sale of beer and wine and there would be no way the city could restrict the sale. Ms. kiker stated that the Commission should consider the reply forms that were received from the property owners. i Mr. Claiborne stated that he concurs with staff about the petitioner going out of his way to do as the city wished on his proposal. He said that any way that a light is de- fused there will still be an overflow of lignt onto the neighbors' propc~ty. Me said that the 6 toot fence would provide a buffer :or the noise but would not adequately de- ter the light. he said that he agrees with Mr. Glasscock that the laity of Denton needs some facilities for the young people but does not feel this is the right place. Vote was called and motion carried (S-t). Mr. Glasscock voted no. Mr. Claiborne stated that the petitioner had the right to appeal to the City Council with a written notice to the Planning and Development Department within lU days. ill. CONSIDERA?[DNS A. PRELIMINARI PLAT OF fhE 13. AUDITION LOI 1, BLUCL A. Ms. Spivey stated that the petitioner wished to withdraw the preliminary plat because the zoning case 1-1671 was denied. 8. A-SS. Pro osed annexation of approximately IS.126 acres of *nd being part of the A. Gibson Survey, Abstract 196, and located south of EI Paseo Drive at Forrestridge. STAFF REPURT: Ms. Carson stated that this is a tract of an]-3 soucfi of Forrestridge Addition Phase tI which is proposed for single family development on minimum 10,UVO square foot lots. A zoning request and plat were submit- ted to the City of Denton during l9bS and the staff ■isin- terpreted the location as already being in the city limits. A plat for Forrestridge Addition, Phase 111, was approved in 1965. She said that the property has teen through two public hearings before the Council with no opposition. Staff recommends approval of the annexation. DECISION: Mr. Glasscock moved to recommend approval of x=53. Seconded by Ms. Brock and motion unanimously carried (6.0). IV, A W OUkN TO A STUDI SESSLUN TO DISCUSS PROPUSEII AMENUMENIS TO ME .5UUUlWlblUN AND LAND UVIMMEN1 DRAINAGE RLIqUIRLMENIS. STAFF XLPURI: lrr. Clark explained proposed changes to the s`ub3 vf'fsTon-reguiatlons. The revisions were prepared by consultants Freese and Nichols, Inc, other area consultants were also involved in all phases of the review process from work sessions to completion. Mr. Clark said that significant revisions were made to the drainage procedures to incorporate current policies into requirements, while also considering consultant input. 4 .i kf 4 ' i ` E f t f i I I Iw f EEq h r 1 r c, DATE: 01/05/88 CITY COUdCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PUBLIC HEARING AND ADOPTION OF AN ORDINANCE FOR 2-1872 RECOMMENDATIVN: i The Planning and Zoning Commission recommends approval by a vote of 7-0. SUMMARY: The property is located in a low intensity area. The proposed land use is compatible or the same as the land use on adjacent tracts. .I BACKGROUND: The property was zoned and platted in 19851 however, staff recently discovered that the property had not been annexed. The annexation process was started in October of 1987. Since zoning must follow annexation, this request is being submitted for approval. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Four property owners were notified. 1 FISCAL IM?ACT: An analysis his not been done. We ly sumitted: Preparedby::ger Cecile Carson Urban Planner Approved: David Ellison Acting Director for Planning and Development 284ig F~ I PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton city council case No.: Z-1872 Meeting Date: January 5, 1988 I GENERAL INFORMATION i Applicant; City of Denton Requeste6 Action: Establishment of single family (SF-16) zoning classification Location and Size: 23.126 acres located south of Forrestridge Addition, Phase II Surrounding Land Use and Zoning: North - Residential; SF-16 South - Vacant; Agricultural (unzoned) 1 East - Residential; unzoned West - Vacant; Agricultural i Intensity Analysis: Low intensity area. SPECIAL INFORMATION I Transportation: Forrestridge Drive is a collector street requiring 60 feet of right- of-way. Sidewalks will be required on the west side of Forrestridge. Drainage: Detention is strongly suggested due to existing drainage problems in Montecito. Water and Sewer: A 6" water line ties to a 10" water line on E1 Paseo Drive to the east and should provide sufficient capacity for a single family development. A 10" sanitary sewer line approxi- mately 1000' to the east ties to the Montecito del Sur Lift Station which is adequate for this development. i' (Case z-1872) Page Two HISTORY In 19851 the City of Denton zoned the property in questio+i for SF-16 land use and approved a plat for Forrestridge Addition, Phase III. The staff incorrectly identified the location of the property and assumed that the tract was in the attention city iWhen this Development information Departmentt the staff the of the Planning the annexation process. The City council is scheduled to take final action on the annexation in January of 1988. Zoning must follow annexation; therefore, this request is being submitted 4I for approval. j ANALYSIS 1 This property is located in a low intensity area. The property does not use more than its proportionate shat These represent our primary housing areas. The proposed single family housing on 16,000 square foot lots is compatible with ti,e single family (SF-16) zoning and land use north of this site. This 1 zoning would be an extension of Forrestridge Addition. } RECOMMENDATION Planning and Zoning Commission recommends approval of z-1872. I 1 111 ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS 1. Location Map 2. Reply Form Total 3. Mailing List 4. Minutes of November 18, 1987 Planning and Zoning Commission meeting. 1089a if I i i. j i 4 , II J ~ t! i NORTH Not No SCet-~ t .a if{ I 1 y' nw ~ 1 -1872 j ' i - - - T I PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1872 i IN FAVOR IN OPPOSITION UNDECIDED None Received None Received I i i 4 r i Y 1XU`u`X'' V~ p i act M Z&4' 14 q-1 NTUN ^X- 7!e Z01 lof~74 •~M DV Ls P 4 1 Minutes November 18, 1987 Page 1 that they have a clean safety record but he would not want to lire about 100 yards from this pleat, he added that if the :tty wanted the requirements of the company they could talk to the company's legs, ccuncil. REBUTTAL, Mr. Burke stated a lot o! these concfras were to en oto consideration when working on the ptcposal, he said that this is ■ good plan and he would have to defend it. he said that these concerns should be limited to the Safety Kleen property and the remedy to them lies on Safety-kleen's property. Chair declared the public hearing closed. DECISION: Mr. Claiborne stated that Safety glean has a v+ poeat in regards to residential development in this immediate area, he said that he would propose that this whole acreage be an office and retell complex and elimi- I ra Mr. te ■11 the residential. {4 bec■usettheaproperty owner letter rlnhas for a r the ebuyerrstout the problems. Mr. Ellison stated that he felt the situation needed to be investigated. moved to ,Glasscock andemotion•unonleanely carried (7.0). B.87. Petition of the City of Denton requesting single +a my, with 16,000 square foot minimua lots (SF-16) zoning on ■pproxiaately 23.09 acres located south of El Paseo Drive at its intersection with Forrestrtdge Drive. The property is shown in the A. Gibson Survey, Abstract ave. If the toning is approved, the property may be utilized for any use petal tted In the single family (sf-16) district. Four feet;oonecreplyrformlwas received in favor; nowithin were received in opposition. . STAFF REPORT AhD PETITIONER; Ms. Carson stated that in for SF-16 land use andoapproved taeplotpforyForrestridge Addition, Ynase 111. The staff incorrectly identified the location of the property and assumed that the tract was in the city It a its. When this information was brought to the attention started t the Planning prDevelopment ocess. The Department, the annexation and scheduled to take final action on the annexation in January of 19aa, Zoning must follow annexation; therefore this ertyeIs submitted for propertyrdoes ` not use more than its proportionate share of intensity. The proposed slagle family housing on 16,000 square foot lots is compatible with the single family (SF-16) zoning and lend use north of this site This toning would be an exteasion of Forrestridge Addition. IN FAVOR: None present. OPPOSED: None present. REBUTTAL: None offered. 4 RECOMMENDATIUh: Ms. Carson stated that staff recommends approve o -x872. i I i 3 : i f ~ Y 6 2 Minutes November 18, 1987 Page S Chair declared the public hearing closed. DECISION: Mr. Ulasscack moved to recoamand approval of Z=TFT77 Seconded by Ms. Cole and motion unanimously urried (7-0). C. PRELI~'dNARY AND FINAL REYLATS OF PART Of LOT 4 BLOCK A STAFF REPORT: Ms. Splrey stated that this 9.2 acre tract s oca a on the west side of Mesa Drive approximately IUU feet north of Bandera Street. The property is toned light Industrial (Li) and office development is proposed for Lot 4b while or immediate development is proposed for Lot 4F. A lot grading plan will be required to ensure that lots drain toward the street or railroad right-cf•way. The Development Review Committee recommends approval of the preliminary ■nd final replat. PETITIONER: Brian Burke, Burke Engineering, stated that TKIs property was sold by metes and bounds. he said that the owner has to replat to be in compliance with the sub- division regulations. IN FAVOR: None present. tx Ii OPPOSEU: None present. Chair declared the public hearing closed. DECI51,n: Mr. Claiborne moved to recommend approval of TE-e pre fainary and final replats of part of Lot 4, Block A, of the Freeway Park Addition, Section 11. Seconded by Ms. Brock and motion unanimously carried (7-0). D. PREL114INARY AND FINAL REPLATS OF LOTS lR AND) BLOCK 17,. STAFF REPORT: Ms. Spivey stated that this (J.517 acre tract Tloca eT-st the southeast corner of nest Yralrie and Bon- nie Brae streets. Lot lR Is toned general retail (GR) and a toning rrquest to change Lot S from multifamily (Mf•1) to general retail (GR) is pending. A 45' building line kfuture construction) Is provided to accommodate fut;re widening of Bonnie Brae. the Development Review Committee recommends approval of the preliminary and final replat PETITIONER: 4reg Edwards, Metroplex Lngineering Corp- oration, stated that the owner is moving forward with the platting while the zoning is pending to assure the city that the owner wants to develop the property for his business. IN FAVOR: None present. OPPOSED: None present. Chair declared the public hearing closed. UECISION: Ms. Cole moved to recommend approval of the preliMary and final replat of the Owsley Park Addition, Lots 1P and S, Block 13. Seconded by Mr. Molt and motion (7 0), unanimously carried 4 I•± j r - " f N 2101L i 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 N0. 69-1, AS AMENDED, AND I` AS SAID MAP APPLIES TO APPROXIMATELY 23.126 ACRES OF LAND LOCATED SOUTH OF EL PASEO DRIVE AT ITS INTERSECTION WITH FORRESTRIDGE ` DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A f! CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A' DISTRICT CLASSIFICATION AND USE DESIGNATION TO SINGLE-FAMILY "SF-16" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. II WHEREAS, the City of Denton has applied for a change in zoning from agricultural "A" to single-family "SF-16" district ` classification for approximately 23.126 acres of land located I south of E1 Paseo Drive at its intersection with Forrestridge Drive; and M Vi!EREAS, on November 18, 1987, the Planning and Zoning Commission held a public hearing on the application and recommended approval thereof; and, i WHEREAS, on January 5, 1988, the city Council held a public -Fazing on the application; NOW, THEREFORE, TH,; COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Zoning Classification and Use designa- tion applicable to the property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from Agricultural "A" District Classification and Use to Single-Family "SF--16" District Classification and Use under the Comprehensive Zoning Ordinance of t;ie city of Denton, Texas. SECTION II. The Zoning Map of the City of Denton, Texas, adopts the t day of January, 19691 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. SECTION 111. 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 fo. the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, pro- tecting human lives, and encouraging the most appropriate uses of C I i f 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 -fails to comply therewith or with any of the ordinance; Zr requirements thereof, or of a permit or certificate issued there- under, shall be guilty of , misdemeanor punishable by a fine not exceeding Two Thousand Doliars ($20000.00). 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 persons shall be punished within the limits above, , i SECTION V. That this ordinance shall become effective fourteen rrIT 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 198. L 1. RAY'S1ffM 9', TAYUT-----.._. j ATTEST: APPROVED AS TO LEGAL iORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: { Z-1872/Page 2 J r•, k k EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land that is situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas, being a portion of a certain (called) 116.054 acre tract deeded by John Maeckle to Fort Worth Savings 6 Loan Association on the 14th day of February, 1973 and recorded in Volume 660, Page 132, Deed Records of Denton County, Texas, and being more fully described as follows: j BEGINNING at the Southwest corner of Forrestridge Addition, Phase l II; THENCE South 85032'05" East a distance of 1114.79 feet to an iron pin in the West right-of-way of Forrestridge Drive; THENCE South 04041'05" East a distance of 6.90 feet to an iron pin in the West right-of-way of said Forrestridge Drive; THENCE North 89051155" East a distance of 230.20 feet to an iron pin, also being the Southeast corner of Forrestridge Addition, Phase II; i THENCE South 00037'31" West a distance of 801.72 feet to an iron pin; THENCE North 89028151" West a distance of 220.49 feet to an iron pin; THENCE North 00031'09" East a distance of 63.59 feet to an iron pin; THENCE North 85032'05" West a distance of 1120.50 feet to an iron pin; ? THENCE North 00016137" East a distance of 74'.98 feet to the point-of-beginning and conta'ning 23.126 acres of land. t~ I LL E h f ~h I, I 4 1'1111~4111111 [WIN 111 111144-1111 F11-1-1 II llill 1-1 1 1-1 I IN 11 19 10 M ,i I b: DATE: 01/05/88 CITY COUNCIL REPORT PORMAT TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT: PUBLIC HEARING FOR 2-1873 RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of December 16, 1987 and voted to recommend approval of this item by a vote of 6-0 with conditions. SUMMARY: This is a request for an amendment to an approved detail plan on a 3.4 ac_e tract (existing office buildings) to permit utilization of the parking area as a private street and an amendment to the approved concept plan (future development) which will prohibit the use of parking lots as private streets. j BACKGROUND: 1 1 This projoct was originally proposed as condominiums allowing the 1 sale of individual buildings with the remaining land to be held as common area. The petitioner subsequently elected to sell the k property as individual lots. Two of the proposed lots do not have I frontage along a street of any type: therefore, the petitioner is amending the detail plan to have the parking/access area designated as a private street. j PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable PID7AL IMPACT: There to no impact on the general fund. 4V11espou'lly.8 bmi: Harrell Prepared by. City Manager Denise Spiv Urban Planner Approved a - David Ellison Acting Director for Planning and Development 0888k/1 f; i N t PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL i To: Denton City Council Case No.: Z-1873 Meeting Date: January 5, 1988 GENERAL INFORMATION ` Applicant: Metroplex Enginesring, representing Dr. Bill Cudd 1123 Fort Worth Drive Denton, Texas 76201 Status of Applicant: Owner's Engineer Requested Action: The following amen&ients are proposed: (1) Amend approved detailed plan for Phase One - 3.4 acres (existing office buildings) to permit utilization of the parking area as a private street; (2) Amend approved concept plan (future development) to add a condi- tion prohibiting the utilization of designated parking areas as private streets. Location and Size: An 18.2 acre tract located at the northeast corner of U.S. Highway 380 and Old North Road. Surrounding Land Use and Zoning: North - Single family; SF-10 South - Kennel, Lumber Co., Pargas; C Fast - Vacant; SF-10, A West - Multi-family; MF-1 Denton Development Guide: Low Intensity Area SPECIAL INFORMATION Transportation: The property has frontage on Mingo ` and Old North roads designated as If collector streets. The Old North Road frontage has been improved and the Mingo Road frontage will be improved when a later phase of the J i i (Lase 1-1873) Page Two SPECIAL INFURMATION (Continued) tent is is constructed. A 24 foot private road will provide access throughout the development. A side- walk is in place along Old North Road and one will be provided along Mingo as development progresses. i the property is served via existing Utilities: 8" water and sewer lines in the 24' private road. 'these lines will be extended through future phases of the development. Electric service to the development is underground. Drainage: An improved channel in the 3U' drainage and landscaping easement carries drainage off-site to the k east of this property, HISTORY EOnAugust SFlU distrthe ictCtoyaL plannedadevelopmenthEoreufEicenuse site. A detcoved byatheoPlanningrandp2oningECommission. tion was app _ ANALYSIS %hen the Northwood hardens Office Park project was originally lped p was to be approved, indications were that the pro erty as condominiums allowing the sale of individual buildings and the remaining land would be held as common area. or ity of Denton purposes, a condominium developer only needs to submit a this one lot plat for approval. Therefore,5ubsequentlyphthe petit10ne development was platted as one lot. ro ert y signed contracts and elected to sell both buildings and property the which has created the need for individually platted lots. Subdivision and nlotehavepfrontageuontaodedicatedepublicestree separately platted private street in a planned development. Lots 4 and 5 of the proposed replatCuddnis along therefore, Cr. have the parking and access area designated as a private street. I 4 i l f (Case Z-1873) F Page Three ANALYSIS (continued) Staff feels that designation of a parking lot as a private street may set an undesirable precedent due to the possible traffic hazards associated with such a procedure. Ti,.e proposed amendment also conflicts with goals for improved standards for parking lots and internal access areas and elimination of as much head-in parking along streets of any type as possible. However, since Dr. Cudd has entered into contract agreements for the sale of individual lots, staff agreed to reluctantly recommend approval of the amendment of the detailed plan with the understanding that we would recommend a condition that would prevent this situation from occurring in future phases of the development. M RECOMMENDATION FAmended ing and Zoning Commission considered this item at its f December 16, 1987 and voted to recommend approval of th the following conditions by a vote of 6-0: etailed plan for Phase I as shown with th e following : The owner of the parking lot must execute and record a legally binding declaration of restriction (Article 15 (c)(4){b) of the Zoning Ordinance) to ensure that adequate off-site parking for each lot will be available. An amended concept plan for Phases II-V with the following conditions: 1. No utility service line may extend across the property line of any lot other than the lot being served. 2. When a private road will serve more than one lot, the developer shall Submit to the Commission for approval a written and binding declaration, to be approved with the detailed plan, establishing an owners' association or similar legal entity which will have: R a. The legal authority to maintain and exercise control 1 over the road= and 1 b. the por,er to compel contributions from owners within the development to cover their proportionate shares of the cost associated with maintenance of the road. i 1 i Y I ~ (Case Z-103) Page Four RECOMMhNDA11UN (Continued) S. No portion of a parking lot which is used for the circulation of traffic entering, exiting, or traveling through a parking lot shall be called a private street which is designated as the access to a parking lot or lot. ALTERNATIVES v 1. Approve petition 2. Approve petition with additional conditions I 3. Deny petition AT'TACNMf.NTS I 1. Location Map 2. Amended Detail Plan 5. Approved Detail Plan 4. Approved Concept Plan S. Ordinance No. 86-172 6. Reply Form Totals 7. Property Ouner List 8. Planning and Zoning Commission Minutes of December 16, 1987. j k U660o I I 1 j s l K C Z-1873 NORTHWOOD GARDENS NORTH 7 ~Y _ s 1 l Cl DD S. A IIARI r a I ~ i i I l 't I • a i---♦♦ v.+~a kr. E1 l Y'P.iwl taw w' r r JIMIp, l OGf ' LIf \ [lSMELI CABTEp lUHY'EY A-775 St. E11/Y1 f ~ , - 1KI l~ l Ili ~ of 'Lot n = qGq \ law, ~H r2ca:. 1 i k I 1 R E. LONGBOTTON SUN. ^7 4.775 kj 64. IPL ~Nf~, tn.INNt~ AMNER f GILL CVOO , - ra 11N3011 Irls few +oo~+ld 1 1 ® ICTIOaDt ' 1 ,pol .S Mf loot I. WyM~~J,yywl.y_~.V~ WIW ~ir•W.. ~I'rM~ wlt N,rY t nisi nifil M " NOIITw000 fROfNS jgpREifl0wlL1' ® `t~.r`~~ www e'rm I+jcE.La w"1winr ~iw rl'I NINIa W y, V. A' 17 IM h IMJV I i 1t1 lJd! I I 1 I T I f I VI+9•S, 11 MIIIlu ' Iltin ~ ~ ` i TF I `l ~ I ~ ~~t~r .~`t1QIn I Wllltr lbl \ tr.x fur11 LArlr ly'1 I i I - nl M' M +1'1 a jil %I 'yY+ ~Iw+a I wI 4. j IM1.yM11 101% WIII •V ~il ..`.Ir 1p'~ J-r-ors".. n1 r •I nCH 1~~~_~~..~~\\\~ ~ '4."V.a J { f q.,, 'wino- beer In., 1,.\ I. J I ~j~ . ~ ~1 1 IyG 1 / I 'LC i ~\~4~,~~ ' \ M. V I In 1 1 I ~ !Il ` uYpry =l,.~w4 1RV11 [I,) U 11•tit lr .uS r. . Iltn ♦ Y'.~ AxY n~,aM II 411ru1 ny~'nnj ~91tM .wi`~ 1, ~^+tl~l 11 ~ MIIYfaY I .xVlpt • 11 1 „ 1 M-.Itry yM•11 x~Y• x.n nwr1l.~n Pill.' 41n1~1 f 1 l.r .r_..I'-~,=J!'J~J\J `t t n•.rr'.•r•.•.11rrr. Lai _ ~L 1 ]bwu.. al.rr. •4 S." I- r~lr N../r'Jt ^I •tl l'.:9 Ll .q grMt M111Wa•uNt R I ff -JJr ~'rJVJ~J1~ IN'.'Will. " r n ..rrr.tln•«. M.ul OETl~L t7 SITE PL AN 1 ` ~_'~'l~ :lulu I.rlx I IA Y~.Y xw ri.l 'l4Yl AlY MY k 1 n+1.IIMYII w'ilY .wu .JM ' .eillew JrrJ✓~ \lf-J~ Vn ~•n~~ .u"r.l..... a r~..~~ ~•f flit 1 t]Illft d pentpl, r[tw at-• lix~a~:.."""j'r. ll l.. wa••n+4aw W gs Ifi7 i •,-e 2 -1 ~~W rtEf`RYVC317 NnV 7 14Hl' I r I I , ~SP'10 , M~f~441 ywM~M1~40 I ~ ~e+~~rrw qw~ \ ~wra~ i~` y= _ yy 1 V-10 [ONM, ''r MiLTAOPLlLX ' • • ~ r c~~ ~ ■NOINStFiINO -CORPORATION to ft" W" WA som fam Ftw Hwr Mns.m-w r CONCMP.T PLAN O GARDEN OFFICE DEVELOPMENT OIL BILL CURD f i 4 I I 1545L l , NO. QLQ_-l1 La _ 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 AMSNDED, AND AS SAID MAP APPLIES TO 18.24 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF U. S. HIGHWAY 780 AND OLD NORTH kOAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN{ TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE-FAMILY "SF-10" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOP- KENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the toning classification and use designation of 18.24 acres of real property, described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby chanted from Sintln•Family "SF-10" District Classification and Uso designation to Planned Development "PD" District Classification and Use designation under the comprehensive toning ordinance of the City of Denton, Texas. SECTION 11. That the "concept plan" attached hereto as Exhibit "B", and incorporated herein by reference, is hereby approved as the concept plan for the district herein established. In accordance with the provisions of article 11 of Appendix B•Zoning of the Code of Ordinances of the City of Denton, Texas. SECTION 111. That the district herein approved shall be subject to the following conditions, restrictions, ■nd limi a tionss 1. Land uses permitted In the panned development shall be the following uses permitted in the Office Dis- trict of the Zoning Ordinance, Appendix B, of the Code of Ordinances: Office - professional and administrative. 2. The six-foot solid screening fence on the northern boundary of the property must be erected prior to the ls.uance of building permits for the project. 3. The detailed site plan submittal must include archi- tecturAl elevations to ensure that the proposed office buildings are physically compatible with the single (tally dwellings adjacent and north of the project. SECTION 1V. 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. 6).2, as amended, is hereby amended to show such change in District Classification and use subject to the above conditions and specifications. Z-1811/PACE l 1 I~ I I, SECTION V. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for Its peculiar suitability for particular uses, and with a view to conserving ` the value of the buLldings, protecting human lives, and II encouraging the cost appropriate uses of land for the maxfeuia benefit to the City of Denton, Texas, and its citizens. SECTION VI. That this ordinance shall become effective fourteen (11) 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 a~`Q day of 1980. it J CITY50 DENTON, TEXAS ATTESTi I Ci OF D TON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADA.MI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BYto, tryo, I . i•18i1lPAGE ! 7 It 1 i f EXHIBIT "A" 1 All that Certain tract or parcel of land situated in the Caswell Carter Surrey, Abstract Number 273 and In the R.I. Longbottom Survey, Abstract Number 775, Denton county. Tesasi said tract being part of a F tract shown by deed to Miss Rarvey Thompson and recorded in Volume i 407, peyye 36 of the Dud Records of Denton County, Texas, and being f more fully described as followss Beginning at the northwest corner of the tract being described herelns said corner being North 01 degrees 13 minutes 37 seconds East, 342.07 feat from the southwest corner of said Cuter Surrey, the same being the northwest cornet of said Longbottom Surveys Thence South 01 degrees 13 minutes 37 seconds West with the west line of gold Carter Surrey, 333.46 feet to s point for corners said corner @1 0 being in the north boundary line of State Highway Number 241 Thence Suth 63 degrees 42 minutes last with the north boundary line of said highway 838,61 feet to an Iron pin set for cornea Thence South 86 degrees 17 minutes East witA said highway right-of-wry 277,0 fart to an iron pin sat for corner In the north boundary line of Mingo Rasds Thence North 68 degrees 49 minutes 32 seconds East with north boundary lane of said road 369.58 feat to a fence corner post in the east boundary line of said tract) Thence North 00 degrees 26 minutes 22 seconds East with a fence on the east boundary line of said tract 561.04 feat to a fence corner posts Thence South 89 degrees 40 minutes 45 seconds West with north boundary fins of said tract 1383.0 foot to the Place of 8eginning, containing 18.244 acres o! land, more or lass, and being the same tract conveyed by Louie Crooning and wife, 0veila Groaning to O.P, Heiner, Jr, and wife, Lavine Joan Reimer by dead dated August 31, 1934, and shown of record In Volume 397, page 604 of the Deed Records of Denton County, Texas, I 2.1814 I i EXHIBIT "B" CONCEPT PLAN FOR GARDEN OFFICE DEVELOPMENT* CONSISTING OFs 1. Conceptual Site Plan (2 pages)t 2. Planned Development Design Statement 17 pages). f 1 l q, I i , lA i r I SF 10 i ,0 rIl „f,1 ,YMKJrM WO _ SF-SO V \ p *r'~~ `jam METROPLIM ENGINEERING CORPORATION en ft" "N sM amok mw no" CONCEPT PLAN O GARDEN OFFICE DEVELOPMENT oFl, GILL CUOO r T i I Ii 1 f'I {F{' f \SF-f0 1 2-5 ~ i Y ~ 1 X 112 Stories \ ' •y, \ ~ l = .torte. • ~ , ~ t 111 I •'''•2 ~p\•y'''• X11 i ~ ji \'~•4 ` '1''. p.d ~/ice \V, % to •,..y ~`7 . ' 1 '1 h cow, 4~8ir~ l '•~.r~ ~ IVII1'ROPL EX .Y*• ; ~ ~ ~'l;~ COW4. 61VOENEII'ERINO ! y yt 5 t~s ✓ y COMPORATI,ON ; ' ♦ tiyY~ j~~ ~v" •a •a'A~~! q~ ~ 1'1'i:i.T"CIS ~+w ~.'•~li y i WATER 8 BAMTARY BE IM PLAN CONCEPT PLAN O i GARDEN oplelC6 DEVELOPMENT DR, HILL CUOO I ~r~, ~ieA 1 M ~I~w 1 MI ~M r.1 ' I f 6/11/86 L86-0187.PD PLANNED DEVELOPMENT DESIGN STATEMENT Cudd Garden Office 1 1 f 1. Statement of Intent I E A. To develop a garden office subdivision in compatibility with the surrounding area and permitted use under Office district. B. Development and marketing to coincide with established and future market demand. Construction to be accomplished by phasing. 2. Relation to Comprehensive Plan t The proposed district is designated as a low intensity area by the City of Denton Development Guide. Garden office use as proposed has been permitted in these districts. 3. Acreage 18.24 acres 4. Land Uses A. Existing land use - agricultural, pasture - 18,24 acres B. Proposed land use - garden office - 18.24 acres S. Off-Site Information As shown on the Concept Plan 6. Traffic and Transportation As shorn on the Concu:pt Plan A. Projected amount of traffic - 4.741 V.T.D. B. Perking requirements as permitted by ordinanr4 in office district i NOPM i 7. Buildigs A. Approximate locations As shown on the Concept Plan B. Maximum heights 36-foot two-story and 24-foot 1 1/2 story as shown on the Concept Plan C. Minimum building setbacks Front yard - 15 feet j Side yard - 5 feet Rear yar3 - 5 feet Perimeter - 30 feet D. Maximum total gross floor area: 357,540 S.F., .45 to 1 F.A.R. 8. Residential Subdivisions N.A. 4. Water and Drainage { As shown on Concept Plan 10. Utilities As shown on Concept Plau j 11. Trees As shown on Concept Plan. There are no existing trees three inches in diameter or greater on site. 12. Oven Wee 20% private use as shown on Concept Plan 13. Sereenina As shown on the Concept Plan, 6-foot privacy fence along north property line t , 1 14. Dovelocment Schedule A. Estimated start of construction: 1987 8, Estimated phasing as shown on the Concept Plan according to market demand: 1 ! :ase I 1987-1989 Detailed Site Plan, June 1987 Pnase II 1989-1991 Detailed Site Plan, June 1989 Phase III 1991-1993 Detailed Site Plan, June 1991 Phase IV 1993-1995 Detailed Site Plan, June 1993 } Phase V 1995-1997 Detailed Site Plan, June 1995 I l ''l f I l r~ 1 'IA ytiDlv~~J~// 1A r+~~ DETAILED PLAN FOR ORDINANCE NO. 86-172 3.4 ACRES, PHASE I OF NORTH1#0OD GARDENS PROFESSIONALS' OFFICE PARK, CONSISTING OFt 1, Preliminary Plat and Detailed Site Plan (l page); 2. Construction Phasing and Landscape Plan (l page); 3. Planned Development Design Statement 13 pages); 4. Proposed Building Elevations (1 page); and 5. Field Notes Phase 112 pages). I APPROVED BY PLANNING AND ZONING COMMISSION on November 12, 1996. To be attached to ordinance 86-172. 41&Claibborrnefr Chairman Planning and zoning Commission APPROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOVITCH, CITY ATTOR►'°Y CITY OF DENTON, TEXAS E BY= rMl~~ Z-1936 t~ a I 1~ ..r p'r®illrl~ll rilrl6_ +I I 31 w 11n \ , Jai 1=w..~ 1 - 1 - 1 i \ .,u ..M. rww I V \ ~ I .r y y 1• 1 BY. A E. rp~~~ Ihlr+ rOlK t~nr St N~r'1 ` S I 1 1 Y\~\ ,J +3Hyr, w 'N IM 1 ' N1YyJy 1 . y - ~ r ~ ~ ` / rwlmua t .tAe na ewenln.n ' ~r ~ 111 p 1 MMIMI rn 1/r. • ~ • j\J ri lJ a.rrJ\.Jar.ri _.J ,T~il. r~lr r 1rY 11~r.n Yrtr...r 4rwwr. !et'vlulpl _/1 r' ~.~1 1Y.Y4,r...rY. 11 .~YW.Y4YI L;1 l 1 .a~•~~-~- .....:.-1rjf ~i \J ^t ^ 1 .Iq bMrrl au 4 MM ~ e ...1 Y~'r, > aa, I~r •wn DE1AMV WE CLAN I', •f r ..r J.-.l J.,J I\~'1J.~-. r• ,p 1 1 . .1 N._.1 ' r-J .J J"4 rJ -4 4 W1 17-11 1 N,., JrrJ~~ Pill ~;-JAS W , Atvnn d Alrrtl MYIt E9B0197-I I I RECEIVED NOV O 7 1986 REVISED r. . 4'V N i l t Jt . A41. .IW YO•LH•.ry t )0'pA~~M~GE S~aOjlry eM(Nf Yw1 t to «uin.turA~,.. - i ~ nw nrir Yw i.r Yrw . u rttl n ■ trw w wtw ~ ~ ` Qwoa caw t { C`Jawn on 14 ► un r r~^ O ' b W • ww w~ ww wwu Q ? 9 sI o 111 _ ~ w+~wL'41'r tnt ` ~ CAPE rjrj • J~1'~J~~ i ~~1' ~Ne~iNO RCFIATI ON o~n r t 11 IF r, Y 1 N I L86-0187) D2 04112/86 ~ - nearrx 9?►SDfENT FLAlIr na Fortbvand Gardens professionals' Office Bark 1~ e..,.~.wf n! Intent A. To develop a garden office subdivision in compatibility vitb A the surrounding area and permitted use under office district- the D. Development and marketing Cto traction vtob Commence shpeodtog future market demand. approval proeesa. --L--•+~a Ylan 2, a lation to Came as The proposed f istrict Developments Guides ACardenlow toff ice area the City ty roved under Ordinance No, 86-172. proposed has been Approved E 3, Acea " 3,49 acres A, Existing land use ' gardenloffice pa3.49 acres 9 acres S, proposed land use B S, OfE Site Info~it~4J1 As shove on the Detailed Site Plan 6. As sbovn on the retailed Site Plan A, Protected amount of traffic - 13119 p by ordinance in office D. Parking requirements to permitted b Ninety-fit stalls district. On* Tn st&JIs r,il~E 4 # r ~F 7, mild{new A, Approximate location: As shorn on the Concept Plat 112 story S, Maximum height: 36-foot two-story and 24-foot 1 as sbova on the Detailed Site Plan C. Minimum building setbacks: Front yard - 15 feet Side yard - 5 feet Rear yard - 5 feet Perimeter - 30 feet E D, Maximum total gross float area: 280900 S.F. S. Residential Subdivisions N.A. 9, Uter and Drainaxs As show on Detailed Site Plan 10. Dili +es As show on Detailed Site Plan 11. Tres As show on Detailed We Plan. There are no existing trees three incbas in diameter or greater on site. 12. Ooan Snaca 29% private use as shorn on Detailed Site Plan, 20% required. 13, Sersanim As show on the Detailed Site Plan, 6-foot privacy fence along north property line j ,I 14. Develovmant Schedule A. Phase I estimated start of construction: November 1986 B. Phase I estimated finish of construction: December 1989 Construction Start Finish i Building i November 1986 June 1987 Building 1 June 1987 January 1988 l Building 7 January 1988 June 1988 Building 4 June 1988 January 1989 Building S January 1989 June 1989 { Building 6 June 1989 December 1989 15. Laudscanina Plan As above on Detailed Site Plan, landscaping to be provided by individual building owners 16. gj Siguage will conform to City of Denton Ordinances 17. Sidewalk As show on Detailed Site, Flan i t' t i H I 1 BLDG.A ~J 1 1 In v IN. t .Vt• y ~ ` ~ T L I. .~f L ~1 V+w ~ '~~1 ' P~A '+'r1 ~ •rr~ 3J `7~ ~fi^Lal~L~`-_'".cif l4RT.'R NORTHWOOO OARORNS PROP093ED PPOPESSIONALS' BUILDING cwpncm aAA ELEVA71ONS K i METROPLEX ENGINEERING CORPORATION ~J r•~M .-`~'+r ~ ~ I ENGINEERING • LANG PLANNING • SURVE'riMG arANPOPO "BUD" HAUPTMANN, ME, PPa. PRl SIOaNT 86-0187.6 Bill Cudd 12 September 1986 FIELD NOTES Phase One All that certain tract or parcel of land situated in the Caswell Carter Survey, Abstract Number 275, and the R.B. Longbottom Survey, Abstract Number 775, Denton County, Texas; said tract also being part of a tract shown by deed to Miss Harvey Thompson as recorded in Volume 407, Page 36, Deed Records, and all of a tract shown by deed to William W. Cudd, III., as recorded in Volume 1964, Page 611 of the Real Property Records, Denton County, Texas, and being more fully described as follows) E Beginning at the northwest corner of the tract being described herein; said point also being the northwest corner of said Thompson tract, and in the center of Old North Road (a public road): Thence North 89 degrees 40 minutes 45 seconds East, along the north line ref said Thompson tract, a distance of 1383.0 feet to a point for the northeast corner of the herein described tracts said point also being the northeast corner of said Thompson tract, and the northwest corner of a tract shown by deed to Henry P. Lo as recorded in Volume 1067, Page 205 of the Denton County Deed Records; Thence South 00 degrees 26 minutes 22 seconds West, along the east line of said Thompson tract, and the west line of said Lo tract, a distance of 40.00 feet to point for the eastern southea.t corner of the herein described tract; Thence North 78 degrees 59 minutes 11 seconds West, a distance of 5C.86 feet to a point for corner) Thence South 89 degrees 40 minutes 45 seconds West, 30.0 feet South and parallel with the north line of said Thompson tract, a distance of 973.26 feet to a point for corner; Thenro South 00 degrees 19 minutes 15 seconds East, a distance of 65.81 feet to a point for corner= 1123 FORT WORTH DRIVE a DENTON, TEXAS :62D5 • J6171363.1418 • METRO 430-1692 250 SOUTH BTEMMONS • SUITE 300 • LEWISVILLE, TEXAS 75067 • 1214J 221.2418 S 2 •~P_;C j 86-0187.6 continued page 2 i Thence South 24 degrees 18 minutes 00 seconds West, a distance of 369.38 feet to a point for the southern southeast corner of the herein described tracts said point also being in the southwestern line of said Thompson tract, and in the northeast right-of-way line of State Highway Number 380; 'thence North 65 degrees 42 minutes 00 seconds West, along the southwestern line of said Thompson tract, and the northeast right-of- way line of said State Highway Number 380, a distance of 235,90 feet to a point for the southwest corner of the herein described tract; Thence North 01 degrees 13 minutes 36 seconds East, along the west line of said Thompson tract, and the center of said Old North Road, a distance of 333.46 feet to the Point of Beginning and containing 3.491 acres of land. i K Ff r ~i M I PROPERTY OWNER REPLY FORMS ' CITY COUNCIL 2-1873 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received a?, f k 0 1 ,I i i i , i ~ a 1 ;a j A f , S s } 2 73 6q 4o - m?rri ao! f u. P3,~„~, . kEf, ~Tx n42A, I I WO - M ` - f _rl 8G D - co I 7,007 ~7 . I R 40 - 0)4 . LfE~+pat P w G/o 'FtvPOV411 ~k,~Yit.G Y.O. Acrc 0144"O Tx. 7~55$I !a i , c - c,co - o Oj i . 73 G-e- 14 U 7. TOONTOt44 *TX. I !'oaoo Fb1'tA~ E5. egQAAY" fff ` 2 90~} H+*~rY~va~ u~+. ~ 717►J; '17C, 7~iZOt \ 6 o jco f jpyblrN P. L4 HA M wmv 906 mite wV00 Lm. 1 7vZO 1 1 r ' V~NLONt 1CII.~1y W.l~N. r I' 4914. }t*rl CCYD W ` ~MVrO1d~ TK. 7V TAI f i i / °O k+fd G, Ww fbN %72o tlWV& oa I N . ~ vrAaroN~'I?c. 'tvwl i ro') 00 i rlAqoc) oe9oa M r (7 01666 I I1 f M-M r Yg F Z 011 n r. ,4. / - Ur`~°° lvfLLIAH A, .7ERN1tp1~J 1 vsumu Tx. ?b2o~ ~ ii I 3 P! 300 On" A. -XY4,cm f Zom hrSTtflvmvv L.#.). 'ot%JTW.,-W, 7b20Z ! nroo 01500 1 o ar~oo~/1;~. - r oo T . I 4. I r 1 DRT Minutes AF If planning and Zoning Commlcslon uecember lo, 19bT the regular meeting of the Ylenning and Zoning Commission of the cember 16 city of Denton jnTex 5CouncSllChamberdoEsthe,luniciVal building, at ssuo p•m•, Prese t: E.ulire track, Bill Claibornee, RuCeauKlkerSvan ulasscock, Absent: None present from Stakts David Ellison, Acting Director of Planning and Development; Eli Urban zabetPltnne n Cectle ~arsonl,iurban planner; Denise Spivey, Clark, city Joe tiorris, Assistant Lity Attorneys Jerry E Engineer; Rene Baker, Civil Engineer; Paul Lehrer, Planning Technician; end Susan (,itchell, Secretary Chairman Bill Claiborne called the meeting to oraet. h1NUTE5: It weSd~riedb(6 e) to approreothedminutss regular m e eti of etheock ind unanimously Cof December 2, 1vg77, ng Il. Public fsearings Corration, A , Z 18. Petition of P,etroplex Engineering Po t73enting Dr. bill Cudd, tma"d18~2sacrean existing planned development 55 tract located at the The propertyrisrfurther described as and Old North Road. TTbo[tom Survey, Abstract 77S. The a tract Snmendmentstart proposed: following a Amend ayproved detailed plan for Phase One • 3.1 acres (existing office buildings) to aeprlvateistretion of the parking area Amend approved concept plan (future thetutllitation • to add a condition ptohibitingtvete streets. of designated parking areas as pr ust o, 14Bb, STAFF REYLRTt I's- proved stcathed that on in toning from the e district a9D planned deavealopment district and ap- proved a coact to ppa rave d by the paved a cohase[oE1 on. for ff ice construction wase~pPled plan for the fins[ p sorthng and inning Coce Pa rk PlO ect said orlgltollyt' tnwootnCtcit.on$Wert that the)prope[ty .as to be sp de• proved, the sale Of Individual veloped as condominiums allowing nose buildings and the remaining land would be common area maintained by an association, lhereEora, tr.e Fiset p of tetitioner p st"ned contracts and elected tousellubothy~ the p D property which has created the need for W bulldlnts and p P P lotted dua ly platted lots. The subdivision and Land Ueyet- opment Re ulations require that eac01st itreetyor attate lot have rantage on a dedicated P along4aastreetf of hanyro• street rein a pletpdonn not develofpment. ate type; therefore, Dr, Cudd is petitioning to amend the de- tailed plan to have the parking and access area designated ■s a private street. private and Ms, Ktker asked about the dstated°th taakpublic street is public street. Ns, 5pSrey thane purposes end does not hevedneadttn parklnpt mAlptentnce f y~ i 1 P 4 Z Minutes ' December lb, 1981 Page 2 street is not dedicated to the city and the city has not accepted the street, the city does not provide any main• tenant, purposes. The private may or may not meet the city requirements for width and this street is 21 feet wide where most residential streets are 31 feet wide from curb to curb. Ms. Biker asked about the advantage of a private street. Ms. Spivey stated shat private streets are only allowed In planned developments, She said that this particular street was proposed as a feature before the traffic light was added not only as an access to this development but to provide quick access to the development to the north that e the e developer i make e a private added street a at s time theu toned t ins was done. Ms. Cole asked about maintenance of the road if not maintained by the cttY. Ms. Spivey stated that an as- sociation provided by the owners of the buildings must maintain the road and a condition is proposed to this effect. PE11110bRi torts Edwards, Metroplex Engineering Corpora" on representing Dr. Cudd, stated that the purpose of this request is so that Dr. Cudd can facilitate the sale of the Individual units and is one of the features in the original planned development. Me said that the difference between the condominium scenario and this proposal 1s that II the building and land will be sold instead of Just the r' building. Me said that basically nothing will change except designating the parking lot as a private street Cudd comply agwith rees subdivision with v theo cond regulations.tions. he added Dr. Dr. Cudd, Fronk Cvdd, and Or. Sat Adams are here to answer questions. Ms. Brock asked why was this not brought up in original planned development. Mr. Edwards stated test In original planned development they were talking about individual sale of the office units and this is an attempt to most efficiently complete this objective. he said that Dr. Cudd has obtained four building permits, building plans are firmed, and the amount of remaining area to build on has been defined. he said that there was not enough information at the time to define the lots, he said that Dr. Cudd was not aware of the problem and this is a way to technically meet requirements of ordinance and complete commitments already made. Ms. Brock asked if the buildings in Phases lt•v would it 1s their sold rrrented, Mr. oceed with the hdwards plan on stated record. intent to p Mr. stamen asked if there is enough off-site parkins if approved, Mr. Edwards raid yes. IN tIYORI None present. OPPUShU: None present. RECOMMENDA1l0h: Ms. Spivey stated that staff feels that ansundesirable precedent due to therpossiblertraffic set haterds associated with such a procedure. the proposed amendaent also conflicts with goals for improved standards for parking lots and internal access areas and eliaination of as much heaa•in parking along streets of any type as possible. however, since Ur, Cudd has entered into con- tractual agreements tot the sale of individual lots, staff r r ~ y . P 6 Minutes Receaber 16, 190 Page 3 agreed to reluctantly recommend approval of the amendment of the detailed pl,n with th. understanding that staff would recommend a condition that would prohibit head•in pearking along preivate strhaeets in future phases of the dvelopment. Sh said cr s u kf recommends approval of the amendment to the detailed plan for Phase l as shown with the following condition: The owner of the parking lot roust execute and record a legally binding decierAtion of restriction (Article 15 adcquace each ordinance] lot a kill be available. off-site ) parof the zo n king for jyjj She added that staff recommends approval of an amendment to the concept plan for Phases 11-v with the following conditions: 1. No utility service line may extend across the property ` line of any lot other than the lot Leing served. I 1. When a private road will serve more than one lot, the developer shall submit to the Commission for approval I a written and binding declaration, to be approved with I the detailed plan, establishing an owners' association or similar legal entity which will have: a, the le al authority to maintain and exercise control over the road; and I b. the power to compel contributions from owners within the development to cover their propportion. Ate shares of the cost associated with maintenance rE the road. 3. ho portion of a parking lot wnich is used for the circulation of traffic entering, exiting, or traveling throujh a parking lot shell be called a private street which is designated as the access to a parking lot or lot. Ms. Brock asked if Phases IL-v will have the some parking arrangement. Ms. Spivey stated that they could amend to provide better circulation, Ms. Brock asked if the peti- tioner could request for the other phases the same as this request, Ms. Spivey said yes but staff Would recommend denial. REBU1TALt Dr. William Cudd, owner, stated that this request is proposed to handle all concerns and believes that they have been resolved with this proposal. He said the private road was designed so that it would be main* tathed above city standards. he said that they called it a private road and staff called it a parking lot. He said that in essence trying to work out the best thing so that he could comply with his tontractural • regiments. he said that this proposal does not change the unction of the property. Chair declared the public hearing closed. DECIS10N1 Mr. Claiborne stated that in Phase I there was not-mu`ch change And he moved to recommend approval of 2.1413 with the following condition for Phase It The owner of the parking lot must execute and record a I 1eEally binding declaration of restriction (Article 15 off-site parking forieachrlota%III be available, adequate And the following conditions for Phases 11-Is 1 Y p 6 1 Minutes December lb, lYa7 Page 4 ho utility service line may extend 11 crossCTYepproperty 1 line of any lot other to n the jut being f khen a private road will srrve more than one Sot, the developer snail submit to the Commission torovido~iih a written and binding declaration, to er appr oresSmilarel^.galnentitybwAlch will haves association a, the legal authority to maintain and exercise control over the road; and b s from owno~rSon ` , the power to compel contribution I within the development to corer their prop f` E ote shares of the cost associated with maintenance of the road. Fo portion of a perking lot which is used for the circulation of tratftc entering, exiting, or traveling through a parking lot shall be called a private street which is designated as the access to a parking lot or lot. Seconded by Mr. kamman. hs, 6rock pt Ked that the Commission should isec;Scautious II about the recedent that would be set by ` other Phases in et saidemthat anddforotha sameresssan amend f Went would be approved. She added this should 6e consid' ± ered before the Commission votes. Mr. Clstborne stated that he shared concerns and thinks stipulaele~ce~ssforEtuturerlots andsthiscalleviateslsome sac tyP concerns. Me added that he felt the der eloper would have to rethink this development, vote was called and motion unanimously carried (b•U). Land B. V-42' ce+tof the CityeOf eDenton gsuL ivision and l g 1 acre tract located the ICkOry Development Reulations on a Y1. w on the east Its 0 of Ek 115) Road, spP Article I11, /,US (K)(4) • which requires the iaprovenenr of a 109y.79 foot section of Zackery Road. rs Article 111, I,D4 whS,hIOYY~.7Yefootasectionlofion of a sidewalk along Zackery Road. STAFF R s Ms. Spivey stated that the requirements of llne~d~lntid a la CRaptervl[Ipmit+teeinlpartnthat intno u se shall the planning and Zoning Commissiion grant vorj• antes unless it finds that all of the following criteris are Nett 1. Granting of the requestenay~dAnotSuDa~rliiony master pions as defined by ApP Regulations of the Code. , The specie1 or peculiar conditions upon 7 whicehaphe, or request is basedsical featureseof otherproperty,which other unique p y are not enerally coamoh to other propert es. S. The SptcE~ialbor peculiar CO suttoErompof werehnote requessed did not created by the Owner's or any prior owner's action or omission, T s ~ 3. C. 1. 2155L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. A6-1729 TO PROVIDE FOR AMENDMENT OF THE CONDITIONS APPLICABLE TO THE PLANNED DEVELOPMENT DISTRICT FOR 18.24 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF U. S. HIGHWAY 380 AND OLD NORTH ROADI PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 3.4 ACRES GF THE DISTRICT (PHASE 1): PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN dFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That Section III of Ordinance No. 86-172, is v amends to rea as follows: ~ A. That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. Land uses permitted in the planned development shall be the following uses permitted in the Office District of the zoning Ordinance, Appendix B, of the Code of Ordinances: Office - professional and administrative. 2. The six-foot solid screning fence on t,ie northern boundary of the property mu4t be erected prior to the issuance of ruilding permits for the project. 3. The detailed site plan submittal must include archi- tectural elevations to ensure that the proposed office buildings are physically compatible with the single family dwellings adjacent and north of the project. B. That the development of phases II, III, IV and V Of the District shall be subject to the following additional conditions, restrictions, and limitations: 1. No utility service line may extend across the property line of any lot other than the lot being served by that line. 2. No portion of any parking lot used for the through ti i parking lot, shall be considered or u t: i I 1 i designated as a "private road," for the purpose of any city ordinance. 3. When a private road will serve more than one lot, the developer shall submit to the Commission for approval a written and binding declaration, to be approved with the detailed plan, establishing an owner's association or similar legal entity which will have; (a) the legal authority to maintain and exercise control over the roads and (b) the power to compel contributions from owners within the development to cover their propor- tionate shares of the cost associated with maintenance of the road. SECTION II. That the detailed plan previously approved by the Commission on November 121 1986, for 3,4 acres of the District j (Phase I), is amended by adoption of an amended detailed plan, attached hereto and incorporated herein by reference. The amended detailed plan shall be subject to the following condition: The owner of the parking lot must execute and record a legally binding declaration of restriction, in accord- ance with the provisions of article 15 (c)(4)(b) of the Appendix H-Zoning, to ensure that adequate off-site parking for each lot will be available. 4 SECTION III. That a copy of this ordinance shall be attached to Ord nance No. 86-172, showing the amendments he.-ein made. SECTION . That any person violating any of the provisions of the ordIVnance shall, upon conviction, be fined a sum not exceeding Two Thousand Dollars ($2,000,00)1 and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity, SECTION V. That this ordinance shall become effective fourteen 4 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. i 2-1873/PAGE 2 f r PASSED AND APPROVED this the day of , 1988, RAY STEPHENS, MAYOR i i i ATTEST: JENNIFER WALTERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY `V. ~ BY: ' l i 2-1873/PAGE 3 r I f AMENDED DETAILED PLAN AS ADOPTED BY ORDINANCE NO. FOR 3,4 ACRES, PHASE I OF NORTHWOOD GARDENS PROFESSIONALS' OFFICE PARK CONSISTING OF: : 1. Detailed Site Plan (i page); I 2. Construction Phasing and Landscape Plan (1 page); 3. Planned Development Design Statement (3 pages); 4. Proposed Building Elevations (1 page); and 5. Field Notes, Phase I (2 pages), I 1 I 1 f } M ' •r•- 'may • r ~ ~ r • ,....1]11 00' • ...I... I • . .I y._r N'orla~fa ~ ti rr YII Ifl1l \ n' hlv.R .KYI 1 Y It ` f J.r ll&1 F II / lr 0 ul ' a CASWELL CAATEA SURVEY -275 n sx: I • ~ 4t1 0.S. LOU080TTOM Stl0. $Y 4.775 f1~ ~ all 1 f S, Je0 Sn w, x`p PpSp ry el~~ cupo Fa. •IN'lIM MIA f 111 IW1Oa tCUt )COI KTIVLDI 4Cfew m"R"MTID) ' MrY 4IXIlIrr lNlflar..n lMrrlrIRIM1 M'rN '~~~r'~ ~ 1~~,. rr X. rY M WIMI r..•krq. p y ~ '1 ~~iir r,r . ! i..n 1 iwm nrrd rIN. NO0.THM000 rARpiN ~ USIONILS' f r Vt... qul rr t rw~. n'irl rn ~.'i~.X.^_~ w . ~ .ufn fY• In. w I .Y f rrrfr wl ~ IjllIa w r 1 W . y v y' I! X11 MuY t It I l . ,r 1 M f I s I r i 7 • -70'Ol11MIGE. • u/otMt .n[Nr t ~ n.aawi a~~lYa .H' ~ r!w nrrrr Hwy Fw / ! ^„~w1iL. wrYl.l i.r 1 4 wr b ■ awllY~ r err / ff y I ttt 1 i •NI.Y dill \ 1 O 1!K Y M { O ww nr ~ V b!~ Iwn! ~ ~ ~ li i \ I i .rwM lair 7r l I . rl • i 4qN A rjrj r J~.1: MInXty ~ CllATf GN •11,.44 ! Gill ► ! i _ i REVIS I i a I i 04/12/86 L86-0187.PD2 i PLlA3En DEYEIAPl02Ni tlxarrar a~a Te...aw. Northvood Gardens Professionals' Office Park t 1. !f 9tatemeot of Intea_t n of A. To the surroundingaarea andipermittediusenunderoOfficeidistrLot. Be Development and marketing to coincide vith established and future market demand. Construction to commence pending approval process, 2, Relation-to Comprehan■ive Plan ~ i The 4" 1 the Citfosof district is de as aCalov rddn intensity office area a as proposed has been approved under Ordinance No. 86-172, 3. +S4[llga 3.49 acres i 4. Lud fare A. Existing land use - agricultural, pasture - 3.49 acres Be Proposed land use - garden office - 3.49 acres S. Off-Site Information As shove on the Detailed Site Plan 6. UALUe and Tra"seer u ~a As shown on the Detailed Site plan A. P.ojeoted amount of traffic - 1,129 Y,T,D. Be Parking requirements to permitted by ordinance in office district. One hundred stalls sbova, Ninety-six stalls required, Ten handicapped stalls. t•NI6 Y i ~1 i y, u d A. Approximate location: As above on the Concept Plan 6. Maximum heights 36-foot two-story and 24-foot 1 112 story as shove on the Detailed Site Plan C. Minimum building setbackel Front yard= 15 feet Side yard - 5 feet Rear yard 5 fee., Perimeter - 30 feet D. Maximum total gross floor areal 26,900 S.F. 8. Residential Subdivisions N.A. ti 9. Water and Drainate As shown on Detailed Site Piar 10, utilities As above on Detailed Site Plan it. Trace As above on Detailed Site Plan. There are no existing trees three inebes in diameter or greater on site. 11. Oven 9niG9 291 private use as above on Detailed Site Plan. 202 required. 13. $eragpi As shown on the Detailed Site Plan, 6-foot privacy fames along north propeoy line J . r V 14. Develoonnt Schedule A. Phase I estimated start of construction: November 1986 8. Phase I estimated finish of construction: December 1984 I j Construction Start Finish Building 1 November 1986 June 1987 Building 2 June 1987 January 1988 I Building 3 January 198 June 1988 Building 4 June 1988 January 1989 Building S January 1989 June 1989 / Building 6 June 1984 December 1989 15. L4.zJsranine Plan Y As shown on Detailed Site Plan, landscaping to be provided by individual building, ovners i 16. Sians Signsge vill conform to City of Denton Ordinances 'w 17. Sidewalk As shown on Detailed Site Plan ,J tr •4 I ~ V Y MEN . ~ T r 1. r j BL.DO.A !Ll w w [yI lig 4+w T LD Q B S tq- OLD l- ~ I rr I 4 `f • - ~ a ~Z. ilc=.r it "}w .s i, ! • _ A' ".'1 ti ~ f. • i+ I -KI~~:Cas.:r xR PROPOSED PROP688 GNALL8'ROEfY9 BUILDING oFAcs PARK i. 1. V METROPLEX ENGINEERING CORPORATION ENGINEERING • LANG PLANNING SURVEYING • BTANFOAO "BUD" HAUPTNIANN, P.M., 1171126, PRESIO[NT 86-0181,6 Bill Cudd 12 September 1986 FIELD NOTES Phase One 1 All that certain tract or parcel of land situated in the Caswell Carter Survey, Abstract Number 275, and the R.B. Longbottom Survey, ` Abstract Number 775, Denton County, Texas; said tract also being part I of a tract shown by deed to Puss Harvey Thompson as recorded in Volume 407, Page 36, Deed Records, and all of a tract shown by deed to William W. Cudd, III., as recorded in Volume 1964, Page 611 of the I Real Property Records, Denton County, Tends, and being more fully described as follows: i Beginning at the northwest corner of the tract being described herein, said point also being the northwest corner of said Thompson tract, and in the center of Old North Road (a public road); Thence North 89 degrees 40 minutes 45 seconds East, along the north line of said Thompson tract, a distance of 1383,0 feet to a point for the northeast corner of the herein described tract; said point also being the northeast corner of said Thompson tract, and the northwest i corner of a tract shown by deed to Henry P. Lo as recorded in Volume 1067, Page 205 of the Denton County Deed Records; Thence South 00 degrees 26 minutes 22 seconds West, along the east line of said Thompson tract, and the west line of said Lo tract, a ` distance of 40.00 feet to point for the eastern southeast corner of the herein described tract; Thence North 78 degrees 59 minutes 11 seconds West, a distance of 56.86 feet to a point for corner; Thence South 89 degrees 40 minutes 45 seconds West, 30.0 feet South and parallel with the north line of said Thompson tract, a distance of k 973.26 feet to a point for corner; Thence South 00 degrees 19 minutes 15 seconds East, a distance of 65.81 feet to a point for corners 1123 FORT WORTH DRIVE • DENTON, TEXAS 76205 • 18171383-1418 • METRO 430.1692 250 SOUTH STEMMONS • SUITE 300 • LEWISVILLE. TEXAS 75097 • (2141221-241S S z -ro:+6 1 1 F" 86-0187,6 continued page 2 Thence South 24 degrees 18 minutes 00 seconds West, a distance of i 369.38 feet to a point for the southern southeast corner of the herein right-of-way southwestern of line of described apnst in the said Thompson tract, and in the northea State Highway Number 380; t Thence North 65 degrees 42 minutes 00 seconds West, along the southwestern line of said Thompson tract, and the northeast right-of- way line of said State Highway Number 380, a distance of 235.90 feet to a point for the southwest, corner of the herein described tract; Thence North 01 degrees 13 minutes 36 seconds East, along the west line of said Thompson tract, and the center of said Old North Road, a distance of 333.46 feet to the Point of Beginning and containing 3.491 acres of land. ~ I I :rY Fr, i J i -4+111111 LL-L i 'I , MELF-W -FTIAj Rai HI F" 1A I t # ~3 p DATE: 01/05/88 Y I CITY COUNCIL REPORT FORMAT 1 Council TO: Mayor and Members of the city FROM. Lloyd V. Harrell, City Manager SUBJECT: pUSLIC HEARING FOR VARIANCE (V-37) f RECOMM DATIOtI m Commission Considered this item at its i The Planning and Zoning oyal of V-37 meeting of December 2, 1987 and voted to recommend appr by a vote of 4-1. C SUMMARY: This is a request for a variance of Article III, 4.031 (H)(2)(b) for I a 25.7 acre tract located on the north side of Luginbyhl Road approximately one mile east of FM 2450. Article 4.03 requires the improvement of an 859.21 foot section of Luginbyhl Road. y BACKGROUND: hom The four lots are being subdivied to ion inividmeualt allethreea• ` The Planning and Zoning Commiss criteria listed in the variance ordinance. PROGRAMSi DEPARTMENTS OR GROUPS AFFECTED: Not applicable a FISCAL IMPACT: { There is no impact on the general fund. 49,ec aubmitte a: a tel ger Prepared by: Denise Spivey Urban Planner Approved: D via Ellison Acting Director for Planning and Development 0888k/3 ,r 1 1. 3 I DENTON, TEXAS 70201 CITY of DENTON hEMDkANDUM Date: December 3U, 1987 , To. City Council From: Denise Spivey, Urban Planner Subject: V-37. Vr,riance on a 859.21 foot section oE-'L•ugirbyhl (toad ission denied the above referenced r d City ~I The Planning and Zoning Comm a f request on August 122 1987. This ite Waadotion of new variance Council on September 10 1987 pending the P regulations. The city Council adopted the new variance ordinance r re November 17 and subsequently (on November 24) referred this matter back to t e Planninceanb Zoning Commission for considera- tion under the n The Planning and Zoning Commission considered this item at its meeting ofvoteeofe4-1. 1Copiesdofoengineeringmmemorandumsalminutes, V' ing Com- -37 by a the new ordinance, and a statement of the Planning and Zon 4~ ~p mission's findings are attached. ~G 'Jk An se p eY ab ` Attachments ,i e, Y C we 1, ! 1 Eta. _ ~ HM~u=itf 1}Q .~.8►ir R~ Y • n-- • ti 5 7. 14 • SQL IY►R ~f,p it ~rf 45 l tiEt.Q " ► 33 r l Mu^ t: P 4 96 10, 40, V4, Q e' 1 fIa'♦3vw a•' d 1ivOr.'/ jf_ -Y •M eRb r - SANGER k ° ratCr,~Y,R! ono e s 1 P , 1 • Qvct / • o i r f ~e ° . Crbt1Wriy~IC R1. 5 V .eee / •adx 1 st sr ' Dail dY RC m r ~ o f ' c, Micbabl Rd. N a Ro- a i'1 1°{r ad r` . =I opa adi e rt it R ! ; r i b _ I it .•i~n r,. . ••JO 11~ iC.'r• I ~,nJr I 1R-)1~' '_e4 < s Nl oil R I J, Hiov ye Olt 6.1 -94 chin TO • . 1 • . 1 7 ° 'o ~ R1. 'yr ronc~ u raou 1'~ . f!r ° . . Pill r~ N. KR S.' f`r Ili' r ~ rr$ r' b1``d•/ 1 ly f' L• IF r 1~L':+ 1:11 ,i I,-S', ; • _ i 4t I I i~ r CITY Of DENWN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 MEMORANDUM t DAT9: July 29, 1987 TO: Planning and Zoning Commission PROM: David Salmon, Civil Engineer SUBJBCT: V-37 PERIMETER STREET PAVING VA4tANCE (LUGINBYL2 ADDITION) The variance request has been reviewed using the eight conditions outlined in the subdivision and Land Development Regulations. Our analysis as listed below indicates that the development of this property does not meet all eight conditions necessary for a variance to be granted. 1. Luginbyhl Road is not shown on the City or County thoroughfare plan as an arterial. However, as an existing county road it will most likely function as a collector as the surrounding area develops. This condition may or may not apply. 2. Literal Raforcement of the provision may or may not be an extreme hardship for the development of this property at this time in that even though 26 acres are being platted, it is only tivided into four single family lots. 3. As there are no other improved streets in the area and there are no major highways or thoroughfares nearby, a variance of the perimeter street paving may or may not prevent orderly subdlvision of other property in the area. 4. The intent of the standard is to provide for improved roads around the subdivision to offset the effect of the development on area traffic. A variance of this provision does not ac:omplish the intent. 5. Unimproved roads are common in and around the City of Denton, and perimeter street paving is always required when property abutting an unimproved road is platted. J i I N Planning and Zoning Cow..alei0n July 29, 19ST Page 2 6. The cost of perimeter paving may or may not be cost prohibitive for the development of ; single family l:ts on 26 acres. 7. There are no unusual physical features on this property that would hamper perimeter street paving in any way. E 8. The decision to develop the property at this time for this particular land use and number of lots to the Covelopers own choice. At most only i of the conditions are satisfied. i j David Salmon f gf 2504g i a I 1 ~ ~ ;4 6 1959L NO. 8~-I49 AN ORDINANCE AMENDING CHAPTER III OF ARTICLE I OF APPENDIX A OF T'1E CODE OF ORDIN„%'CES OF THE CITY OF DENTONs TEXAS, BY REVISING THE PROCEDURES, STANDARDS AND REQUIREMENTS FOR RECEIVING A , VARIANCE OR MODIFICATION OF THE PROVISIONS OF APPENDIX A; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter III ("Variations") of Article I of Appendix A of the Code of Ordinances of the City of Denton, Texas, is amended to read as follows: k CHAPTER III. VARIANCES AND MODIFICATIONS • A. General. After receiving the recommendation of the Planning and Zoning Commission, the City Council may, where special or peculiar conditions would make strict compliance with any requirement of this Code unreasonable or Impractical, grant a variance to or modification of the requirement if it finds that all of the following have been met: 1. Granting of the request would not violate any master plans as defined by Appendix Subdivision Regulations of the Code; 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's action or omission. B. Conditions. If the Council finds that a variance or modification should be granted in accordance with the provisions stated above, it may impose conditions relating to the modification or variance as will, in its judgment, substantially secure the objectives of the standards or requirements of the Code for which the modification or variance was granted. 4 s' C, Procedures. A petition for a variance or modifi- cation of any requirement of this Code shall be submitted in writing, In the manner specified by the Department, at the time the preliminary plat is flied for consideration with the Commission. The petition shall set forth in detail the grounds for the variance I or modification. The Commission's recommendation and E the Council's final decision shall be made after public hearings are held, for which the applicant and owner's shall be Commission iv nd pthe decision of the Council a ll gr ntin or den I g y n the etiion be reduced to writing, stating the reasonsttherefor. No petition for the same variance or modification shall be resubmitted within twelve months of a prior decision thereon. SECTION It. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the ljLkday of jGQ~ 2987. ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 a `1 f s" V i. V-37 HLC061NIENDAIION ^0 CITY COUNCIL The Planning and Zoning Commission held a public hearing on December 2, 1987 to consider the petition of Haro.d Easley requesting a variance of Article III, 4.03 (H)(2) of Appendix A of the Code of Ordinances of the City of Denton, Texas. After consideration and discussion of the following criteria, the Commission recommended approval by a vote of 4-1 at its meeting on December 2, 1987 The Commission based its recommendation on the following responses to the criteria: 1. Granting of the request would not violate any master plans. Master Plan is not specific in this area. 1 i 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the prop- erty, which are not generally common to other propertiest The topography and physical features are unique in that the property is located a considerable distance from the city. Surrounding property is rural ranchland which is not common to a majority of the city. 3. The special or peculiar conditions upon which the request is based dio not result from or were not created by the owner's or any prior owner's action or omission. The owner did not do anything to create the situation, 1 , Respectfully subpltted: 8111 Claiborne, Chairman Planning and Zoning Commission 1 Y i 2 Minutes December 2, 1987 Page 4 l Mr. Holt stated that he thought this was m better idea. Mr. Claiborne stated that condition s4 should be extended to two years so that more money could be spent on the children. Mr. Claiborne moved to amend the motion to say that rather than ■ solid wooden fence that a living screening device be erected along northern property line and condition s4 read within two years of effective date of ordinance. I Seconded by Mr. Glasscock. 1 Ms. Spivey asked about the additional parking spaces and I where they would be located. Mr. Holt said to extend the new parking lot to the west. Mr. Claiborne stated that parkin` problem should be con- veyed to the Citizens Traffic Safety Commission and City Council, Mr, Ellison stated that Mr. Salmon would bring this matter to the attention of the Engineering Department. Mr. Holt asked how to address the kind of shrubs. Mr. 4 Claiborne stated that the living screen should fit into j the landscaping plan. Ms. Carson stated that the Parks 13 and Recreation Department has recommendations on shrubery and screening devices. 4 Ms. Brock stated that the condition could state shrubs that provide adequate screening. Ms. Carson stated that the wording could say ■ solid liv- ing screen that would obtain a minimum height of six feet. Vote was called on the amendment and motion was unanimously carried (5-0). Vote was called on original motion as amended to a pprove request with the following conditions and the motion was unanimously carried (5.0): 1 1. A parkin lot containing fifty (50) additional parking spaces shall be constructed, in accordance with City specifications, along the north property line of the property, as shown on the site plan, within one (1) year of the effective date of this ordinance. 2. A permanently maintained solid living screen, of ■ minimum height of six feet (b'), shall be elected along the north boundary of the parking lot prior to making use of the new parking lot required in parm- graph 1. 3. No detached signs, other than an athletic field score- board, shall be permitted on the property, 4. hlthin two (2) years of the effective date of this ord- inance, twenty percent (20i) of the "Landscape Area", as shown on site plan, shall be landscaped. Prior to installing any landscaping, a landscaping plan showing the location of the landscaping shall be submitted to the BuildtnI Official. Mr. Ellison stated that this petition would be heard by the City Council on December e, 1987. B. Y-31, Petition of Harold Easley requesting a variance of ri7cle 111, 4.03 (H)W, of the City of Denton Subdivision and Land Development Regulations for a 25,7 acre tract lo- cated on the north side of Luginbyhl Road approximately one mile east of FM 2450. The property is further described as a tract in the J.C.P. Melton Survey, Abstract No. 802. Article 4,03 requires the improvement of an 859,21 foot section of Luginbyhl Road. i 74 r { 1 r V I P 8 2 Minutes December 2, 1941 Yale 5 ` Six notices were mailed to adjacent property owners; one reply form was received in favor, no reply forms were received in opposition. STAFF REPORT: M$. Spivey stated that the Planning and on ng oam ssion denied the above referenced request on August 11, 1981. This item was tabled by the City Council on September 13, 1981 pending the adoption of the new Vari- ance re ulations. The City Council adopted the new vari- once ordnance nn November 11 and subsequently on November j 26 referred this matter back to the Planning and Zoning Commission for consideration under the new ordinance. This request does not meet the following criteria listed in the new ordinance: 1) Granting of the request would not violate any master plans as defined by Appendix A - Subdivision Regulations of the Cade; 2) The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other proper[ies; 3) The special or peculiar conditions upon which the req,,est is based did not result from or were not created ty the owner's or any prior owner's action or I omission. i Mr. Ellison stated that the new ordinance allows the City Council to attacl: conditions to the variance. He added that the Commission must submit In wrltin its reasons for j granting or denying the variance. he sat the new ordi- nance is not designed to deal with standards end regula- lookinojurisdiction tions staff h is extracerritorial frto i revisions of the sub- division regulatiors. Ms. Brock asked about the statement in writing. Mr. Morris stater that the comments will be on record in the minutes and then prepared by staff and signed by the Chairman. PLTITIONLR: Brian Burke, Burke Engineering, stated that this petition went to Council with no recommendation. he said that they are not aware of any master plan for Lugin- byhl Road and feel that condition number three is satis- fied. He said that in regards to the physical asrects this property is six miles out in the ETJ and Don Hill, County Commissioner, does not want to maintain a full City street. he said that they don't know of any other way to approach this but by the variance procedure unless petition to change the regulations. IN FAVOR: None present. I ' 6PPD`IfD: None present. {I kKuMMENDM ION: Ms, Splrey stated that the Development er ew omm tree recommends dental of V-37. Rh4DTTAL: hon; offered, Chair declared the public hearing closed. DLCISION: Mr, Holt stated that he felt that a unique phys- cTTfeeture of the property is its rural location and that he could consider granting the variance. Mr. Glasscock stated that L-ounty Commissioner Don Hill had e hard time keeping up the road, he added that this prop. 1Y. erty is pretty far out in :he country end that he would vote for approval of the variance. He said that it is r pretty hard to see anything develop within the next 10.15 years. i ar I r° f ~ i V 1 Z Minutes Deceaber Z, 1987 page b Ms. Stock stated that she would be unable to Justify in writing any reason to vote for the variance with the current ordinance. She moved to recommend denial of v•37. Mr. Morris stated that any reasons for approval or denial could be made at the time of the motion. Mr. Brock added that v-37 does not meet criteria 2 and S. Motion dies for lack of second. plan 1s moved Mr. Holt criteria have been rmet, mmeNe said approval othe -master all not specific in this area. he said that the topography and physical features are unique in that this property is and great distance nto majority of areas of r Lenton. He n said is not I that there has been nothing done by the owner to create this situation. ` Seconded by Mr. Glasscock. t Ms. Brock stated that she would like to have all three criteria clarified in a study session. I vote was called and motion carried (4.1). Ms. Brock voted 3 na. C. v-39. Petition of Trinity Baptist Church requesting the ;Onowing variances of the City of Denton Subdivision and Land Development Regulations for a 12.05 acre tract located at the southeast corner of FM 1173 and Masch Branch Road: Article Ill. 4.W (2)(b) • which requires the improvement of a 1260 foot section of Masch Branch Road. Article ill, 4.15 (a) - which requires developers to make adequate provision for storm or floodwater runoff chan- 1 ncls or basins. Three notices were mailed to adjacent property owners; one repply form was received in favor, one reply fora was re" celved in opposition. wade Lilley asked when construction of Masch Branch Road would be done. Mr. Claiborne stated that there are no construction plans at this time. S1AFP RBPURT: Ms. Spivey stated that the planning and on ng omm ssion den led the above referenced request on August 12, 1987. This item was tabled by the City Council on September 13, 1987 pending the adoption of the new var- iance regulations. The City council adopted the new vati• ante ordinance on November 17 and subsequently on November 24 referred this natter back to the Planning and Zoning Commission for consideration under the new ordinance. This request does not meet the following criteria listed ` in the new ordinance: 1) Granting of the request would not violate any master plans is defined by Appendix Subdivision Regulations of the Code; 2) The special or• ` ecutier conditions upon which the request is based to- ff Qate to the topography, shape, or other unique physical features of the property, which are not generally common to other properclesi 3) The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's sc- tion or omission. i jf1 Ij t A' f `rly€[ i L 248 City of Denton City Council Minutes September 1, 1987 Page 4 4. Public Hearings . A. The Council considered a ppI'etition of Harold ressley requesting a variance of Article II, 4.03 (H)(2), of ! the City of Dento:i Subdivision and Land Development Regulations for a 25.7 acre tract located on the north side of Luginbyhl Road approximately one mile east of FM 2450. The property was further described as a tract in the J.C.P. Melton Survey, +I 802. Article 4.03 reuired .21 Abstract foot No. section of Luginbyhl Road. V-3 the improvement of an 859 The Mayor opened the public hearing. Brian Burke, Burke Engineering, stated that Mr. Easley owned only 2 of the 4 lots in the subdivision which were currently being platted. Platting had been required after the subdivision had been in existence for many years. The anted. He requirements had which must allubetmetsbehad a forevarvari set of gone through each of those items individually with the Planning and Zoning Commission. Luginbyhl Road, which ran in front of the property that was being platted, was approximately 6 miles northwest of Ranch Estates, the nearest City streets. The property was not in the City limits but was in the ETJ. Because it was not in the City limits, it was not indicted in the master thoroughfare plan which was one of the eight test items. The estimated construction cost of the road improvements for the 860' was $35,000 - $400000. Two occupied houses were in the area. He felt that under the circumstances perimeter street paving was not appropriate. He felt that by the time the rest of Luginbyhl road was improved, the proposed improvements would have deteriorated. Harold Hasley spoke in favor of the petition. He stated that as far back as 1973 parts of his farm had been sold in tracts, largest the which 5 acres. Previous tracts had been sold but the County required him to plat this particular tract. He did not have control over three of the tracts in the area, only two tracts. He felt it was not fair to make him conform with only a 5 acre tract out of 144 acres. Kenneth Stout spoke in opposition. He stated that he objected to the City going in that area and having any control at all. There was a similar problem out on Mayhill Road in which the e City responsibility going b out yin for the neither He h was City nor in opposCtion y to claimed road. areas, putting controls in the areas and then not following through. i . t 241 City of Denton City council minutes' September 1, 1987 Page 5 The mayor closed the public hearing. Denise Spivey, Urban Planner, stated that Mr. Easley was requesting a variance of the City's subdivision regulations in regard to perimeter street improvements. The regulations required the improvements of perimeter streets that front along property being platted. In this case, the specific improvement required was the improvement of an 859' section of Luginbyhl Road to an estate type state which was a 14' section of avement with no curb or gutter. The regulations stated that in the variation process neither the Planning and Zoning Commission nor the City Council may grant a variance until all eight of the conditions listed were satisfied. The Development Review Committee reviewed the petition and determined that only 4 of the 8 conditions were met. The Attorney General's office had stated that subdivision regulations applied equally to property in, the City limits and in the ETJ. Staff recognized that it was a problem with lots being sold for single family housing in the ETJ. The Planning and Zoning Commission had denied the petition with a 3-3 vote on August 12, 1987. improvemenavalablre to rant the varince tsiintoeanwescrow account or deny the variance. the was amount asked the estimate aount bond/escrow ana Member of / construction, was e the Gorton held Council h Spivey replied that the escrow was the pro rata share of the property owner for the pavement along the frontage of the property. The interest in the account would be payable to the city to offset inflation. If the funds were not used in ten years, the money would be returned to the property owner. Gorton asked that since there were four lots and as Mr. Easley controlled only two of the lots, would the other property owners be required to pay into the escrow. Spivey replied that the property owners for each particular lot would be responsible for the paving of the frontage or the improvements of the frontage along that particular lot. lar toacreplaterhis o particueven Council through Member he was Alexander not attempting if property, be required to put money in escrow at that point. Spivey replied that either each of the property owners or if they reached the h plate would be reqwith Mr. Easley uired to submit the since submitting money for the escrow. g i r n i 1 N ?SA City of Denton City Council Minutes September 1, 1987 Page 6 Dudley Doyle, property owner, stated that the variance was only a small part of the whole road. There would not be much benefit if only half of the road were paved. Many others would have to be involved to do the whole road. Debra Drayovitchr City Attorney, stated that the Attorney inside the city enforce limits subdivision dregstated lation heuniCity formlyaboth required and throughout the ETJ. Mayor Stephens felt that it was practical to grant the variance. Council Member Hopkins stated that it was unfair to require the road and motioned to grant the variance. Council Member Alexander second the motion. Boyd motioned, Gorton second to table the variance until a consideration could be made in regards to a possible amendment to the subdivision ordinance. on roll vote, McAdams "aye," Alexander "aye," Hopkins "nay," Gorton "aye," Ayer "aye," Boyd "aye," and mayor Stephens "aye." Motion carried with a 6-1 L ote. B. The Council held a public hearing on the proposed 1987-88 Annual Program of Services. The Mayor opened the public hearing. Eddie woodruff, President of the Denton Fire Fighters Association, discussed the possibility of the fire fighters loosing holiday pay which equated to an almost 5% pay cut, This was not a new issue and they had relied on the Council to restore the benefit in 1984, 1985, and almost in 1986. He strongly urged the Council to consider option 13 presented to the Council (See attached Exhibit "A") to solve the problem forever. Ken Gold, Fire Fighters Association, reviewed a handout presented to the Council which provided three options regarding the holiday pay. Fay Nations felt that the fire fighters stood to be punished for teing solid members of the City's work force. Kenneth Stout stated that the budget seemed very tight. He understood that there might be an increase in the tax rate to 11.5%. As a tax payer of the City of Denton, he was inclined to let the Council know that if the tax rate exceeded the 8• rate, there would be a rollback done in Denton. i 1 t f i V i I i p Z Minutes August 12, lva7 Page 7 denied a request for a planned development for the follow- ing land uses: duplex, four-plea, and a park on this tract and an adjacent four acre tract. In December of 19a), the Planning and Zoning Lommlsslors denied a request to the following land usest duplex and tour-plex. She said that this site is located in a low intensity area that Is cur- rently under the standard by approximately It. She said a row of single fully 6eCached structures is proposed along the northern border of the tract and this Iend use is slot- lot In nature to the single tamlly area to the north and provides a buffer between it and the increased density to the south. A block of one story dudLex lots serves as a transition between the single family lots and the four-plea area to the south. lne four-plea area north of Nolftrap Drive is proposed as an extension of existing adjacent coning and Lana use. A private easement will provide access to a walking path along the south side of the crook. the path will provide access to a greenbelt area uesigned as a part of PL-72 immediately to the west of 'I this area. PEll1lU~ER; Jim Danielson, representing aindsor Joint entF- ure; stated that they are toque tins a change in coning from SF.7 to vii and approval of a concept plan. Ire said that he feels that have a an that is viable, has good transition and that will pl a mestnetlcally Dleas- Ing. he said that they have a walking path that will directly lead to the greenbelp area. John Books, representing klndsor Joint Venture, stated teat they crave worked with the staff and nelgnoors very hard and from their comments developeo this proposal. Iv FAiuk: Lana hoods, 512 .Aspen, state) that they were very y Ta to nave single tamlly next to single tamliy. one added that they are cue first developers cc wurx-itu tie neighbors. Yt Li)*. !*one present. KELOSi:-ithDAIIGS: Ms. Spivey stated that this request is it, mprcvement aver the previously submitted one in terins at density, intensity, scale, and tutferlrrg. Start' recor,merds approval of Z-lbe5. hfbUTIAL; None offered. Lhair declared the public hearing closed. LLCIbIU4: Mr. Litiborne stated that he was Llad to see t ai-T t the developer had worked with the neighbors. ' Kr. Glasscock moved to recommend approval of Z•SBeS. Seconded by hr. Aamman. ?IS. Brock sala just because this is an ioprovement over the previous plan does not mean it is the best plan. k :,It. hoit stated that he felt the land uses were viable. xr. to eiborne stated that he disagreed with uuplex next to tern lot line homes. Vote was called and motion unanimously carried l6•u). L. r V-31. Yetltton of herald kasley requesting a variance 77rticle Ill, 4.01 (11)10 , of the Ctty of Denton Subdivision and Land Lrvelopment hegu Utions for a 25.7 acre tract ton tea on the north tilde of Luginbyhl Road approximately one mile east of vM 145U. She property is 1 1 LL i 1I 4* r' r , P 6 2 Minutes August 12, lvbl Page B further described as a tract in the J.C.P. sielton survey, Abstract he. 802. Article e.0 requires the improvement of an BS9.21 foot section of Luginbybl koad. Six notices wete ■ail-d to adjacent property owners, one reply fot■ was received In favor, no reply Corms were received In oppositieA. l STAFF REPORT: Ms. Carson stated that the petitioner is request ng a variance of the Subdivision and Land Devel- opment Regulations for pert me ter street paving require- ments for Luginbytil Road. She said that variations and modifications of the requirements of the Subdivision and Land Development ke gulatlong are discussed in Article 1, Chapter ill, whtch states in part that in no case shall the planning and ionlne commission rant modifiutlons unless it finds that all of the fol~owing conditions are satisfied: 1. The modified proposal would conform to the city caster planeesr . 2. Lt t al enforcement of a provlston would result In an extreme hardship for the development of the sub- E division. 3. Gr+nting of a modification will not have the effect of preventing the orderly subdivision 'of other Land use in the area. a, the modification accomplishes the spirit slid intent of the standard. 5. The problem in question is not generally common to other properties in the city. It the problem standard in question is of general a pli a tlon to numerous properties throughout the city, then trio Planning ana Coning Commission is prohlcited Erca granting such variance, but should instead recommeno an ordinance cran=e to the City Council. L. the actual pecuniary cost of development of the Ircterty shall be considered for moditicatian of standards. 7. the hardship must be a physical hardship relating to the property itself as distinguished from a hardship relating to convenience. f,;... b. the hardship must not result from the applicant's or proposed property owner's own actions. She said teat Luginbynl hold is not identltled on the county or city thoroughfare map so it is tonsidereo a collector street, She said that there is no physical reason why an estate type road cannot be built. the intent of the regulations Is to provide An Improved road for benefit of people who live in the subdivision and in addition pt cvlda that there will be no deterioration to the existing street because of additional individuals using the road. the Development kevlew v,oemittee has reviewed the eight criteria and has determined that vie developer meets only tour of the criteria. the Develop- ment keview Committee recommends denial of Y•3' and pro- poses the risnning and Zoning Commission cons Jer a deferral of the improvements. Nis. Kiker asked ter those criteria that might be met. Ms. Carson said 1, 2, 6, and 8. W 1110hEAi brian Burke, Burke Engineering, stated that to s is about 25 acres that Mr. Easley began developing in the 7us. He said that he has been processing through the county and has been in compliance tArcughcut. He said that when he looked into selling the last lot the county indicated that he would need to plat. he said that there are existing houses on three of the tour lots. he said it r i K yti 3 P 4 2 Minutes August 11, lvs7 t Page 9 the road was In the city lialts oreon the county plan it roaddise6mmilespnorthwesttOfiAinchhstatestatHe addedtthat this road would cost between $3S•4u,u00. He said that these four houses will not cause a detrimental traffic count and does not affect the orderly, development of the t a tea, He said that these Improvements would be more in arcounty roadrmaintainedcity thelimits. eothis is countHandathese that ple in the area knew tI,e shape of the road wLn they built. He said that the hardship !s not physical but pecuniary part is heavy for four houses. ever IN FAYORr Harold Easley, owner, stated that he has cleared yt ng through the county. The county said that since the r0 acres had not had any property sold off of it the tt property would have to be platted. He said that there are 1 restrictions on all the property that has been sold. He I said that it doesn't seem right to improvo property that Is no longer owned by him, i Mr. Ms. Carsonnsaidesheobelievedo3 teoa3re1s/t2city sis within a mile of FM2eSO and approximataly 2 miles from I-35, OPPOStu: None present. kECUMMkNDATIONt Ms. Carson stated that with all of the p acs t at are required in the county there Is always a question of why are the city standards being imposed in the county. She said that with the ETJ the city is re- quired to Impose the some regulations as within the city limits. She said that in some cases the remoteness may seem unfair but regulations have to be Imposed equally In both areas. She said that the planning and Zoning Comais- ston has an option t0 deny and defer the costs to the Im- provements. She added that while four of the conditions may be met the Development Review Committee recommends denial. Mr. Holt asked why the property was being required to be platted. Ms. Carson stated that the property was divided from a larger parcel and any division for the purpose of sale or development must be platted. She said that the property was sold by metes and bounds in 1979. She said that the subdivision was done after the county require- ments for platting had gone Into effect. He was required to plat by the county and since the property is in the EIJ then the city's platting requirements were applicable as well. Mr. Morris stated that the attorney general Issued an opinion that the subdivision Regulations apply equally to the corporate limits and E1'J. He said that the ETJ is merely defined for each city to allow annexation in the kTJ. He said that the purpose of the regulations is to provide certain standards of development equally in the city and ETJ with the Ideal that the city will expand and take in the subdivisions. Ns. Riker stated that several areas of Denton were built with no rules and regulations when the area was outside the city limits. She said that everyone thought then that the area was too far from Denton to matter, She said now many homeowners have suffered the consequences of some etc. Sheusaidna food exiapnnthis is drainage, the Plano/x checdson area. She said If the le C of oamission follows the rules would the Commisslon be able to grant a variance le ally and $a/ to others that they have followed the regulations. ,A alt I L ( P 6 2 minutes August 12, 1917 Page 10 Ms. Brock asked if the city Council could amend these c considering amendments atosthe regulations,staEE is consderng g Mr. Ellison asked if the bonding mmethod is is viable. and Ms. Carson sold that the bonding dcult the Engineering Deppartment prefers an escror account but they are still willing to work with the developer on alternatives. REBUTTAL; Hone offered. Chair declared the public hearing closed. DECISION: Mr. Holt stated thatathisepropertrois fartre• move and by the time the city p p road will be substandard and hove to be rebuilt. He added moneynless developing now that he does ntaxpayers esome bon- will save the Ms. Riker said that the Commission needs some guidelines to to by on the variances. Mr. Holt moved to approve v•37. Seconded by Mr.j Glasscock. Il 7randlIlarer'questionable. iliemsoidhbased oncprojectlons but V growth of the Lity at Denton between now and 1UlU develop- k:.. 1IIV merit will be outside the Loop for l to 1 1/2 miles. He said that he believed the City of Arum will be involved with this property before Benton. tng Hr. Lawsuitrandsallegationststatetthat thesPlannlnnggvandedonin a commission and City Council treated property dlssimilir in similar circumstances. he said that there needs to to consistency n the enforcement and administration of the hegulations. t'^ brock stated that she would be against the motiot, k ecause this petition does not meet criteris 6, 7 and a. 4ote was called and motion failed (3.3). his. Brock, h.s, kiker and Mr. Aamman voted no. and Ms. motion o failed Moved l3-3). Mr. Llaloorne~,d Mr. by blasscock e and Mr. halt voted no. Mr. Claiborne told the petitioner that he could appeal the recommendation of denial to the U ty Louncil. F. ti•3b. petition of Jayne Lest Kennedy requesting a vir3ance of Article 111, /.is W. Of the City of Lenton Subdivision and Lend Development Regulations on a two li) acre tract located on the east side of Trinity Road approximately one-half mile north of FM 116 (East McAinnay Strlet). The property is further described as a tract in the M. Forrest Survey, Abstract No. 117. Article I.is requires that a developer make adequate provision for storm or floodwater runoff channels or basins on property that is being developed. Four notices were mailed to adjacent property owners; one reply form was received in favor, no reply forms were received in opposition. STAFF REPURt: Ms. Larson stated that the petitioner is rpesstr i variance of the Subdivision ono Land l+evel• opment Regulations for drainage improvements for property T ,1 i~ 1 i i, t `i J s 1 DATEt 01/05/88 CITY COUNCIL ":PORT FORMAT TO, Mayor and Members of the City Council FROM: Lloyd V. Harrell$ City Manager SUBJECT: PUBLIC HEARING FOR VARIANCE (V-39) RECOM:4ENDATIONt The Planning and Zoning Commission considered this item at its meeting of December 2, 1987 and voted to recommend denial of V-39 by a vote of 5-0. : P ! SUMMARYS i This is a requestfor variarce of Article Ili, 4.03 (2)(H)(b) which I requires the improvement of a 1,260 foot section of Masch Branch Road and Article III, 4.15(x) which requires developers to make adequate provision for storm or floodwater runoff channels or basins. The variances requested pertain to a 12.05 acre tract located at the southeast corner of PM 1173 and Masch Branch Rozd. y BACBGROUN.: 4 i Tht: petitioners plan to build a church on a 2.4 acre section of the 1 property. The replat was required because the church purchased a portion of a lot in an existing subdivision (Little Brook Estates). The Planning and Zoning Commission denied the variance since it did not meat all three criteria listed in the ordinance. PROGRAMS., DEPARTMENTS OR GROUPS AFPEC'TEDt Not applicable FISCAL IMPACTt There is no impact on the general fund. Respec ly submltte : I ' oy acrel Prepared by: ,~////yy City l anager Denise Spivey Urban Planner Approved: Q OA Lam- David Ellison Acting Director for Planning end Development 0888k/4 T J i 1 Q CITY of DENTON DENTON, TEXAS 79201 1 MEMORANDUM Date: December 30, 1987 I To: Planning and Zoning Commission From: Denise Spivey, Urban Planner Subject. V-39. Variance of drainage requirements and y a 7-41 foot section of Masch Branch Road a, The Planning and Zoning ,mmission denied the above referenced 4 request on august 12, 1987. This item was tabled by the City Council on Soptember 1S, 1987 pending the a-'-scion of new variance regulations. The City Council adopter' the new variance ordinance on November 17 and subsequently (on November 24) referred this matter back to the Planning and Zoning Commission for consideration 1 under the new ordinance. The Planning and Zoning Commission considered this item at its meeting of December 20 1987 and voted to recommend denial of V-39 by a vote of S-0. Copies of engineering memorandums, minutes, the new ordinance, and a statement of the Planning and Zoning Commis- sion's findings are attached. As e p vey ab Attachments r: l . wwe~'~1wr - r, t ' 1 } I' • 1001 'M'r ~kM ~p"a E AeiIM1 ~r» r .,J VICNRY MAP • &&I OWN VA I ,l_ 1wTM •1 _Ha^".v Los ' - r.MaX MM SV4T1~/W j1 , .1: .doa 1 ~ r 'rwWVnrW i - PRELPAINARY REPLAT OF LOT I , BLOCK A TRINn Y BAPml CHURCH A0017ION rat i j 1 1 . cwHU TRINITY BAPTW CHURCH P-O IN L1 M4, TWU M, kpiTm,Tx ,,a I 761104 BUAKE MkEi?JN0 .'nTrni N 00NAV110 CIVIL MNEEA ' owdo.kw oil 1M.tM f V- 3 9 I -7 I r ' ~f CITY of OfNTON DENTON, TEXAS 7020! M19MORANDUM DATg: August 7, 1987 T0: Planning and Zoning Commission FROM: David Salmon, Civil Ingtneer SUBJRCT: V-39 PgRIKgTBR STR9dT PAVINO AND DRAINAGN IKPROVVgRTS VARIANce (TRINITY BAPTIST CHURCH) The variance request has been reviewel using the eight conditions outlined in the Subdlviolon and land Development Regulations. Our analysts as listed below indicates that the development of this property does not moot all eight condittons necessary for a variance to be granted. 1. The modifications proposed would not conform to the City of Denton Master Plan. Match Branch Road is designated a primary major arterial on the County Thoroughfare Plan and on the now proposed City of Denton Thorough- fare Plan. Although this property is located outside the City of Denton's current Master Drainage Plan, It is a policy of the City only to Valve channels sisociated with major floodways In their natural state. the channel on this property is not designated as a floodway on PBKA maps, and is subjeot to improvements in the form of a concrete channel. Variances of the perimeter street paving or drainage Improvements would ..at conform to the City of Denton Matter Plan. 2. Literal enforcement of the provision may or may not be an extreme hardshtp for the development of this property. This tract is approximately seven acres and has approximately 1,200 feet of frontage on KatoN Branch Road. The property is being proposed for church use. It Is not known at this ttm, how much drainage Improvements for this property will cost. 3. Creating a variance of the perimeter street paving would prevent orderly development of the area as this particular section of Kasch Branch Road Intereeets with FM 1113 which is the proposed location of Loop 288 in this area. A variance of drainage improvements would prevent orderly subdivl- Ilan of property upstream as the existing channel is not sufficient to Sandle upstream development. I kJ I~ Planning and Zoning wommission August 7, 1997 Page 2 l 4. The intent of the perimeter street paving ordinance is to provide for Improved roads in the area adjacent to the subdivision to offset the Increase in traffic movements due to the development. The intent of the drainage ordinance to to provide adequate drainage through the property to protect it from flooding as the drainage basin is developed. A waiver of these standards does not accomplish the spirit of the ordinance. S. Unimproved roads and channels are common In and around Denton. Perimeter f~ I street paving and drainage improvements are always required when property with these unimproved structures are platted. r 6. The cost of perimeter street paving and drainage improvements may or may not be cost prohibitive for the development of this seven acre parcel for church use. i 7. There are no physical features on this property thwt would hamper perimeter street paving. Installing the drainage improvements would 4 inalade a great deal of excavation and fill work, but these would be no major obsteole. k S. The decision to develop this property at this time for this particular use is the developers own choice. I At most, only two of the conditions are met for the paving variance and three 1 for the drainage variance. I E sincerely, David Salmon u 19STa f I 1. 1959L NO. 87-/QQ AN ORDINANCE AMENDING CHAPTER III OF ARTICLE I OF APPENDIX A OF T THE HE CODE OF ORDINANCES OF THE CITY Of DENTON, TEXAS, BY REVISING VARIANCE OR RMODIFICATIONDOF A7 E PRbVISIONST OFFAPPENDIXRECEIVING A; NGAND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: A %penFCXION o then CoSeapofr Ordinances: of o the Cifty rofclDenton, Texas, is amended to read as follows; CHAPTER III, VARIANCES AND MODIFICATIONS f ' A. General. After receiving the recommendation of the Planning and Zoning Comm!ssion, the City Council may, where special or peculiar conditions would make strict compliance with any requirement of this Code unreasonable or impractical, grant a variance to or modification of the requirement if it finds that all of the following have been met: 1. Granting of the request would not violate any mister plans as defined by Appendix,k- Subdivision Regulations of the Code; t. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's action or omission. B. Conditions. If the Council finds that a variance or modification should be granted in accordance with the provisions stated above it may impose conditions relating to the modification or variance as will, in Its judgment, substantially secure the objectives of the standards or requirements of the Code for which the modification or variance was granted. k. C. Procedures. A petition for a cation of any requirement of variance or nodifi- submltted in writing, In the this Code all be Department, at the time the manner speclfied preliminary plat is by the for consideration with the Pre filed shall set forth In de inatail the grounds for the the varfancn or modification. The Commission's recommendation rnd the Council's final dccision shal after abutting tphearrioperngsty are held l be Wade , for which the applicant and owner's shall be given prior notice. The recommendation of the Commission and of the Council granting or denying the the decision be reduced to writing, stating the reasons Petition shall ho petition for the same variance or itherefor. Shall be resubmitted wl twelve moor modification fgcation thin decision thereon, prior SECTION 11, T inns ate y upon lthat this ordinance shall s become Passage and approval, effective PASSED AND APPROVED this the _lLday of 1987. ATTEST: FA1FY TTTT APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY R BY: ~r PAGE 2 r v-39 RECUMMENDATIUN TO CITY COUNCIL The Planning and Zoning Commission held a public hearing on December 2, 1987 to consider the petition of Trinity Baptist Church requesting a 1 I, variance of Article III, 4.03 (2)(b) 6 4.15 (a) of Appendix A of { tha Code of Ordinances of the City of Denton, Texas. After consideration and discussion .•t the fullowing criteria, the commission recommended denial by a vote of 5-0 at its meeting on December 2, 1987 . The Commission based Its recommendation on the following responses to the criterisi 1. Granting of the request would not violate any master plans. ; The master plan specifically rtates requirements for drainage improvements v and Masch Branch Road is shown on thoroughfare plan. III 2, The special or ,.culiar conditions upon which the request is taxed relate to the topogral shape, or other unique physical features of the prop- etty, whici` are noo generally common to other properties; Drelnage pro'alems are typical throughout city, a3 are requirements for street improvements. The site is located in close proximity to FM 1173. h` 3. The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or c•ission. Property was purchased by metes and bounds from a previously _ platted lot approved by the county. Respectfully submitteds 8111 Claiborne, Chairman Planning and Zoning Commission Y I i P 4 1 Minutes December 1, 1987 Page 5 Ms. Brock stated that she would bA unable to justify in writing any reason to vote for the variance wiith the current ordinance, Sho moved to recomaend dental of Y•37. Mr. Morris stated that any reasons for approval or dental could be made at the time of the motion. Mr. Brock added that Y-37 does not meet criteria 2 and 3. i Motion dies for lack of second. i Nr. Holt moved to recommend appproval of V•37 and that all I criteria have been met. He said that the master plan Is not spe::fic in this area. he said that the topogrspbY and pAysical features are unique in that this property is a great distance from the city, is rural ranch land, and is not common to eajority of areas of Denton. He said that there has been nothing done by the owner to create this situation. Seconded by Mr, Glasscock. Ms. Brock stated that she would like to have all three criteria clarified in a study session. Vote WAS called and motion carried (4.1). Ms, Brock voted no. C. Y•3w. Petition ov Trinity Baptist church requesting the T"oTFowing varlsnce! of the City of Denton Subdivision and { Land Development Re;ulatfo0a for a 12AS acre tract located at the southeast corner of FM 1173 and mach Branch Roadi Article 111, 4.u3 (2)(b) . which requires the improvement of a 1260 foot section of March branch Road. Article 1110 4,15 (s, • which requires developers to oaks adequate provision for store or floodwater runoff than- eels or basins. Three notices were mailed to adjacent property owners{ one repply form was received in favor, one reply form was to* ceived in opposition. hide Lilley asked when construction of Masch Branch Rosa would be done. Mr. Claiborne stated that there are no construction plans at this time. STAFF RLPOkit Ms. Spivey stated that the Planning and Zoning Commission denied the above referenced request on August 11, M7. This item was tabled by the City Louncil on September 13, 19b7 pending the adoption of the new Vat- fence regulations. The City Council adopted the new vari- ance ordinance on November 17 and subsequently on November 24 referred this matter back to the Planning and losing Commission for consideration under the new ordinance. This request does not most the following criteria listed In the new ordinencej 1) Granting of tie request would not violate any master plans as defined by Appendix A Subdivision Regulations of the Codei 2) The special or Cecultor conditions upon which the request is based re- ]ate to the topography, shappe, or other unique pphysical features of the property, vhich are not generally common to other CTopertles15) The special or peculiar conditions upon which tpa request im tared did not result from or were not created by the owner's or any prior owner's it- tion or omission. i' ~I P 8 I Minutes December 2, 1947 Page 7 PETITIONER: Wade Lilley, pastor of trinity baptist C urc , stated that they purchased this property over a year ago. he said at the time of purchase they were not aware that this property would have to be replotted or that the church would be responsible for the property in question as well as impprovements on pproperty that is not owned by the church. ke said that their three recommenda- tions are to be responsible for their S acre tract and no ofisite developments on other yro erties, to allow earthen channel Sration as designed by Bur £a Engineering and the E easement be dedicated to the City of Denton, and a variance be granted for perimeter street paving with right-o.-way being given by the church for Mach branch good. He said l that the road, it lrpr•ved by the church, would be torn up by the time it would I, rebuilt, he sold coat this Is nst f scheduled for annexation, far removed from utilities, on,I the cost Is unreasonable. He said a letter frog the City tract n(12.1 aL5esjathetChurchhWouldwnotdbeuresponsltlewfore the improvements. IN FAVORI James Hopper, member and trustee of Trinity apt st Church, read a letter from Don Hill, County j Co afssionerI in which he said that he did not want to imply any opposition to the city's right or necessity to enforce its subd,ivision regulations but he felt that there ore circumstances that warrant consideration of the practi- cality of the rules and the hardship that it might place j on our cttimens, lie said that state low is not clear as I to the responsibility of a purchaser for platting property f which has been previously divided by the seller. Ne felt perimeter p+ving of Masch Branch Road was not practical since there ere no plans for annexation of the property in the neor future. he sold that Masch 8ranch Road is in his master plan for reconstruction in the next two years and a concrete road and drainage channel is not ppractical in this situation due to his maintenance difficulties, Lydia Lilley, member of trinity Baptist Church, etsted that half of the cost of required improvements is on property not owned by the church. She said that by the tine they pay for the church, land, and laprovements it will cost then a quarter of a million dollars for a small church. M ts, Olman, member of Trinity Baptist Church, stated that she supports the v+rfanca. Bob Olson, 2017 North Locust, stated that he supports the variance. Linda Hopper, member of Trinity Baptist Church, stated ` that she is in favor of v-39. OPPOSED: None present. RECOMMENDATION: Ms. Spivey stated that to the best Of s a s now edge there is no county ClP program or master plan that sets aide specific roads to be maintained or reconstructed and there is no guarantee that Masch branch Road will be reconstructed in the next two years. The Uevelopment Review Committee recommends denial. RECOMMENDATION: Mr. Lilley stated that the representative o e an owners on the north and south, David Fulton, is in favor of the variance, Chair declared the public hearing closed. a I N Y 6 1 Minutes December 1, 1947 Yage h DECIS10.N7 sir. Claiborne, stat.d that the City of Denton aFi sa_rits share of drainage problems and that quality regulations ha:'c Lean enacted to solve those problems. He said that funds have been allocated to fix areas where subdivision regulations were not enforced wud that the City regulations require improvements so that adjacent and downstream property owners will not be affected. He said that the Plsnntng ant Zoning Commission agreed to in ear- then channel at the pprtvlous meeting, he said that he does see a need for leprovement to Mosch Branch Road be- cause of its close yyroxlmity to the farm to market road but deferral would be in order. He added that according to the new regulations the planning and Zoning Commission could rot recommend deferral. he moved to recommend denial of Y-39 and added that there are no unique characteristics that are not generally to other properties. ` Seconded by )a. Brock. I Mr. Holt asked Mr. Morris to respond to Mr. Lilley's statement that no Improvements would be required if the church purchased additional property and why oftsite im- provements are required. Mr. Morris stated that It tha property remained in the configuration of the existing platted lot as shown in the county records the property would not be subdivided and the Subdivision Regulations could not be imposed by the city. He continued by adding that oftsite improvements are required because the prop- erty is being replatted. In those Instances when a plat- ted lot Is resubdivlded, the owner is responsible for dividing the property and making improvements or the urchaser if the ro ert was sold by metes and bounds. Unless the city requires all improvements for the origi• rill lotted lot %he'+ a r p eplat is submitted there is no way that the city could require improvements to the other re- plotted lots. After lot is replatted, the city could not require improvements on the replotted lot. Yote was called and motion unanimously carried (3-0). D. V-41. Petition of Briercrdit Savings Association request- T1 a variance of Article fit, 4,04, of the City of Denton Subdivision and Land Development Regulations for a 3,4 acre tract looted on the northwest corner of Horth Locust St. (fM 21u41 and Evers Parkway. The property is further de- scribed as a tract in the B.B.B. 4 C.R.X. Company Survey, Abstract No. lac. Article 4,04 requires that developers Install sidewalks on otte side of all thoroughfares and collector streets adjoining a subdivision. Six no Ices were mailed to sdjacent property owners; no reply forms were received in favor or opposition. STAFF REPORT: Ms. Spivey stated that the Ylsnning and Zoning Commission denied this request for a variance on uctober 21, 19h7. The petitioner has requested that this item be appealed to the City Council. The item was not scheduled for Council action due to the pending new voce lance ordinance which was adopted by the City Council on .November 17, 1987. There tore, V-4i was rescheduled for Planning and Zoning Commission action under the new ord- inance. This request does not meet the following criteria listed in the new ordinance: 1) Granting of the request would not violate any master plans as defined by Appendix A • Subdivision Regulations of the Codel 2) The special or c eculiar conditions upon which the request is based relate c the topography, shape, or other unique physical features of the property, which are not generally common to other properties; 3) The special or peculiar conditions upon ,i i$ 1 2F. CITY OF DENTON CITY COUNCIL MINJTES September 15, 1987 The Council convened into the work Session at 5:00 p.m. in the Cavil Defense Room. i PRESENT: Mayor Stephens; Mayor Pro Te McAdams; Council Members Alexander, Ayer, Boyd, Gorton and HHopkins. ABSENT: None Thi Council went into Executive Session to discuss legal matters, in particular litigation including the Count of Denton vs. the CIti of Denton, real estate Including cons erat on o the o er to purc ase the County's interast in ~i Flow Hospital and personnel/board appointments. No official action was taken. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. . PRESENT Mayor Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None The Mayor presented the following proclamations: A. Jazz Fest '87 B. Constitution Week C. American Business Women's Day 11 The Council considered approval of the minutes of the regular meeting of August 18, 1987, the emergency called meeting of August 21, 1987, and the special called meeting of August 2S, 1987. Alexander motion, McAdams second to approve the minutes as presented. Motion carried unanimously. 2, The Council received a report from Mr. Kenneth Stout regardi;.g the setting of the tax rate. Kenneth Stout, Route 70 Box 432, Denton, Texas urged each Council Member to be very considerate when voting on the tax rate. He urged any council Member to abstain from voting if there was a conflict of Interest. 3, The Council considered a petition of Trinity Baptist Church requesting the following variances of the City of Denton Subdivision locatednd at atheD southeastt corner Regulations for a 1andSMasch tract Branch Road: i _ .j G; 262 City of Denton City Council Minutes r-~► September 15, 1987 Page 2 Article III, 4.03 (2)(b) - which required the improvement of a 1260 foot section of Masch Branch Road. Articlo 111$ 4.15 (a) - which required developers to make adequate provision for storm or floodwater runoff channels or basins. VV39. The Mayor opened the public hearing. Dwight Lilly, Pastor of the Trinity Baptist Church, spoke in favor of the petition, tie was requesting variances in road and drainage improvements. He stated that land may be purchased in the Denton ETJ and legally recorded in the County as a mets and bound sale or transfer. City regulations required platting ` before the land could be used, a '.ask which probably should be I the responsibility of the devti.oper prior to the sale. Under present restrictions this did not occur nor did it have to happen. As he understood, the restrictions were not always enforced in the ETJ but that it was a relatively recent development based on the Attorney General's ruling. He also understood that legislative changes might eliminate the problem in the future. Lydia Lilly, Trinity Baptist Church, addressed the issue of cost for the improvements. Trinit Baptist Church bought a 5 acre tract of land at a cost of 40,000. The building with land improvement;; estimated at $80,000. This projected into costs of $120,000 for a 3,000 square foot building, The City developmen. rnnuired them a projected cost of $130,000. Added together tha coat would be a quarter of a million dollars for a 3,000 square foot building. Kenneth woods, 512 Apsen, spoke in favor. He stated that Masch Branch Road was scheduled for complete repaving by the County within the next two years. it was his understanding from the City Planning Department that the entire road would be made into a four land thoroughfare within the near future. He could not see using church money to improve a road that was already scheduled for improvements in the near future. it did not make good sense to ask a singular body to repave an existing County maintained road, Masch Branch Road was a public County thoroughfare that should continue to be maintained by a shared tax base and not become the sole responsibility of one small group of people who would only use the road a minimum of three times a week. r i I i 1 9 f~ i, ti City of Denton city council Minute's September, 1987 r• Page 3 James Hoppe, Sanger, read a letter from county commissioner ' Don Hill. Hill stated that he felt that there were circumstances that warranted consideration on the practicality of the rules and the hardship it might place on the citizens. Trinity Baptist Church was not a developer. Hill stated that Masch Branch Road was in the master plan for reconstruction within the next two years. Concrete road drainage was not practical in that situation especially for Hill since he was responsible for maintenance in the future. Vincent Jenkins, Krum, addressed the issue of drainage. He did not feel that at the time, the Church had adequate funds to meet the requirements put forth by the DRC meetings and the 1 City staff concerning drainage. It was suggested that the Church take care of the drainage on the piece of property both north and south of the Church. The Church felt that owning the five acres was plenty to take care of at that time and felt that it would be an undue burden on the Church to take care of all that drainage. He felt that an earthen channel through the piece of property would be more than adequate. it already existed and merely needed cleaning. Lana woods, Treasurer of Trinity Baptist Church, stated that if the variance request was denied, Trinity Baptist would still build a church and not rebuild a road. They had a letter from the Planning Office that if Trinity Baptist Church owned the j other seven acres in the original plat, no road or drainage improvement could be required. If the Church was required to repave the road and install the concrete drainage system, it would be better usage of funds to purchase the remaining acres, build the church and the wait for a developer to purchase the remaining property from the church. David Fulton, Krgm, owned the land north and south of the tract and was in favor of the variance. Bob Olmon, Locust Street, asked the Council to approve the variance. No one spoke in opposition. The Mayor closed the public hearing. David Ellison, Acting Executive Director of Planning, presented pert of the staff report. Ellison presented the Council with some information regarding a proposed procedural change in the way variance requests were handled by the City of Denton. I !1 1 I 4 264 City of Denton City Council Minutes September 15, 1987 Page d --,11f He stated that although the Planning and Zoning Commission recommended denial of the overall variance request, it did say that it would like to stipulate that the Church be allowed to do an earthen channel as opposed to a concrete channel and that perimeter street paving improvements be postponed or deferred through either a bond or an escrow arrangement in lieu of raking the actual improvements. The real issue was the Church was required to make improvements, not only to their property but also to the seven acres that they did not currently own, if the variance was not granted. i Council Member Boyd asked if the Council was able to institute II some middle ground on the issue or they could only vote aye or 1 nay on the variance. !I Ellison stated th,t in a sense the Planning and Zoning Commission had alrei.dy done that by saying that it would be a ! willing to accept an earthen channel and the posting of a bond for street improvements. Boyd asked if the Council would be able to approve the earthen improvements. Ellison stated that it was part of the Planning and zoning's recommendation. i Denise Spivey, Urban Plann':r, stated that the Development Review Committee had reviewed the request and at most, only two of the conditions were met for the paving variance and three for the drainage variance. Planning and Zoning considered the item on August 12, 1987 and recommended to deny the variance with the stipulations of a consideration for an earthen channel and a deferral of the perimeter street paving requirements at the time of platting. Council Member Hopkins asked to hear from Trinity Baptist Church regarding a possible tabling of the petition. Dwight Lilly stated that the Church would be willing to spend additional time if that would help work through the issue. if additional time would only delay the Church, it had other options that they needed to look at and work toward. He questioned how wise it would be to spend church funds to redo a roai that was scheduled for repaving in the future. McAdams motion, Boyd second to table the request until the study item regarding variances was finished. Motion carried unanimously. 1 7 Tlmgjg~ r . 1 2 Minctes August 12, 1w17 Page 13 I REAUTAU Bill Coleman, Coleman and Associates, stated t at t e reason this was brought to the city is because the county required platting when subdividing the PProp• arty. He said that this property is outside the Clty of Denton drainsye pla p n. he stated that this drainalf la- rovement is 174 of the cost of the mouse. he said that the upstreas developmAnt is where the harm has started beuuse it was developed within the last two Years with no drainage improvements. He said that the current channel has a gravel bottom with no erosion and very welt sain- talned. A concrete channel would eliminate some of the trees. He said the cost of the improvements would cause A hardship for a single family residence. He added that they are willing to dedicate a public easement. jI Ms. Carson stated that the mobile home part has been in { existence for approxi a tely 'our to five years. She said that the property has to be platted because it does not exist In the original configutatio, shown with the county. Chair declared the public hearing closed. DLCISIONt Mr. Nissan stated that it is a shame to ruin it LTe area with concrete and would like to find lose way to do drainage in natural state. Mr. Holt stated that item B autocratically ellalnates all variances. he said that item 7 can be looked at in terms 1 aesthetics because oak trees will be torn down to con• struct a channel. He said that he had no problem with this request. He said item 2 is valid because it is an extreme hardship to the developer. Mr. Claiborne moved to approve Y•31. Seconded by Mr. Holt and motion unanimously carried (6.0). G. Y•39. Petition of Trinity Baptist Church requesting the 7-o7Towing variances of the Clty of uenten Subdivision and Land Development Regulations for a 12.05 acre tract located At the southeast corner of FM 1173 And Match Branch koadt Article 111, 1.03 (2)(b) • which requires the IAprove- went of a 1260 foot section of Matth Branch koad. Article 111, 4.1$ (a) • which requires developers to make adequate pr art sion for storm or floodwater runoff channels or basins. Three notices were mailed to adjacent property owners; no reply tares were received in favor, one reply form was received in opposition. STAFF WORD Ms. Carson stated that the petitioner is request ng o variants of the Subdivision and Land Devel- opment Regulations for drains a and perimeter street paving 1w rovements. She sail that variations and modifications of the requirements of the Subdivision and Land Development Regulations are discussed in Article to Chapter 111, which states in part that in no case ihall the Planning and toning Commission grant modifications unless it finds that ail of the following conditions are satisfied: 1, The modified proposal would conform to the city mute, plans. 2. Literal enforcement of a provision would ru ult in an extreme hardship for tee development of the sub- division. 3. Granting of a modification will not have the effect of pray Aating the orderly subdivision of other land use in the arms. I I{ 1 I II~ l P 12 Minutes August 11, 1987 Page le 11 The modification accomplishes the spirit and intent of t'e standard, S. The iroble■ in question is not generally common to other properties in the city. It the problem standard In question is of general a plicalion to numerous propDerties throughout the city, then the Planning and zoning Commission Is prohlbited from rantin such variance, but should instead reecamene as oreinance f' ` change to the city council. !I b. The actual pecuniary cost of development of the property shall to considered for modification of standards. 7. The hardship must be a physical hardship relating to the property itself as distinguished from a hardship relating to convenience. 8. The hardship must not result from the applicant's or proposed property owner's own actions. She said thit the thoroughfare plan for the City of Dentoni and the proposed thcroughftto plan currently under consid- eration ty the Land Use Planning Committee show Masch Branch Road as a primery major arterial and the proposed I' to a tion of Loop 28k. She said that the floodway Worms. tiQA in this area is shown on the city master pplan. She said that there Is upstream development that wi11 cause ointentnofhthepregulationseis toarequlretro~d tThe Improve- ments so there are adequate transpportatkon facilities. I The proposed use of the property to for a church so there will be more traffic than for a residential use. She said that there is o physical hardship In that there will have to be a cavation work. PbtlltuhER: Wade Lillie, pastor, stated that all the requests have been In the ETJ, tie said that more and more people are purchasing land and finding out that they can- aCt develop as they want to and the Cotmission will be seeing more and more variances. He said that this is be- cause of the differences between the county and city regu- lations. He said that the property is being considered with the property adjacent to it owned by Connie Pullen because it used to be one tract. He stated that the eight criteria art subjective and analysis is based on city staff perspective and not based on the perspective of the devel- opar home builder or church congre ation. He sold that bonding and an earthen channel woule not violate the Denton mester plan. He said that when they first want to the Oe- velopaent Review Committee they case out with the under- standing that an earthen channel and bonding would be okay. At the neat meeting, Enginearing changed their mind, He sold lmprovemeats costing $125 000 would prevent the devel- opment of the pro arty. He said the majority of the Im- provements are oitaite improvements on property that the church does not own. He said that the property surround- ing them Is aer.cultural and for estate lots witti natural drainage and the road is paved and meintained by Of county. He said that Mr. Hill County Cools a loner, stated that the city is requiring paving that the dotnty does not have machinery to. upkeep. He said an earthe,: channel would fulfill the standards of the ordinarce. He said that this property is outside the city limits and will not be annexed soon. He sold the improvements are cost prohibitive and Is close to 1001 of the land S t ili- tion and building costs. He added that he doff not [eel that tAa offsite Improvements are the (esponslbllity of the church. He said the recomeendationa for the resolu- tion of this variance request are: l) that the church will be responsible for developments on their tract, Burka En~inotrltoiedandnsaaeient dedliteda toethencity,, and ;i I i 6 Z Minutes August 12, 1967 page 1S Sy variance granted for perimeter street paving and ease. meat granted to the city or future expansion of Meath Branch Road, Ml r. Claiborne stated that the eight erlteeta are eistab. isped Dy ordinance and adopted by the City Council. He added that staff may have suggested a bond for the road improvements but that the church would have to so through a variance process. IN FAVOR: None present, OPPOSED: None present. kECOMMENDATION: Mr. Clark stated that the church has to en coamenti and interpreted them on their own. He sold that the staff has tried to %ork with the church through. out the whole process. He said that David Salmon, civil anal near, located this property as the CIF project to the south of 360 ana this was corrected within a few days. He said it was explained to the church and the comments have not changed on the plat since that time. Mr. :laiborne asked for explanation on the ilattlnj re• qulrtments. Mr. Clark said that this property was sold by metes and bounds. He said that it the land is not platted the owner is responsible for all improvements or the entl:e platted lot. He said that some okfsite improvements are on their own land. Mr. Ellison stated that staff has said they could support bonding on this road merely as a suggestion. He said that the church left wit A the feeling that they could post a bond for the Improvements but it was later explained by the staff that the staff did not make these dec $tons. He said after review the staff found out that this was not in original plat but a replat. He said that when replatttng all needed Improvements are applied for the whole tract, ? Ms, Carson stated that the staff has suggested that the j church purchase all the property to that improvements by the city would not have to Be done. She said that request does not meet the eight criteria and the Development Review Committee recommends dental. Mr. Clolborns asked if the drainage flow is north or south. Mr. Clark slid mostly south. Mr. Claiborne asked It the drainage channel goes across property and total- natal. Ms. Carson said that it is channeliaed across the property so that it will flow to the next, RESUITAU Mr. Lillie stated that there was a misuader• work about have rie far. down to all#$ because the ireia had'in t ovirconcentratlon of churches, He said that he understands the importance of consistency but sometimes the letter of low isn't al- ways the best case, he sold that road improvements are planned td be iho county.' by county and this road willsbe substandard and unusable by the time it will be a four lane divided highway. He said that this would not be a wise expenditure on tho church part and need consideration on this request. Chair declared the public hearing :loved, DECISION: Mr. Claiborne stated that there to a major in y are greatlyuredur o ads, tee city ::thod$. i 1 , 6 Z Minutes August lt, 1917 Page 16 1 ` there is pis pjustifi• cation for dot0rral for the perimeter street paving but he could not favor :arthea Chiinno11sb0 construc• ted along the eastern boundary. Mr. Claiborne moved to deny V-39 witb two stipulations: 1) consideration deferral at time f earthen typo rather than concrete. Seconded by Ms. Brack. ` Mr. Glasscock asked about the cost. Mr. burke said $90 II 100,000 for concrete channeli a Lion and $12,000 for earthen channeliaation. Mr. Holt stated that someone else is going to benefit greatly from the church's money. He stated that he wondered if the area around Texas Instruments and 1441173 would maybe be in ■ CIP pr aIact In the future. Vote ws called and motion carried (5.1). Mr. Holt voted I Ms. Riker left the meeting. IV. CONSIDERATIONS A. PkELIMINARY PLAT OF THt: GAEkNFIELD MOODS ADDITION, Section ases an STAF . F AEPORTt Ms. Spivey stated that this is a 13,V acre tie ...d At the northwest corner of tarris Road and Grant Parkway that is acned planned development (PD). sed da%eIopeont. aShetsaidythatethe•Development Re tW Cormlt' tee recommends approval of the preliminary plat with the condition that a final plat for Phase a may not be ap- proved untadjacent property to the west has preliminary plat approval. PETITIONER: Brian Burka, burke Engineering, stated that they un erstand the condition and agree with staff. DECi5i0ht Me. Brock moved to approve the preliminary plat oT- a Creenfleld hoods Addition, Section Phases A and B. Seconded by Mr. Glasscock and motion unanimously u rried (S•0). 0. FINAL PLAT OF THE GkEENPIELD NUODS ADDITION, Section 1, DFase . STAFF REPURTt Ms. Spivey stated that this is a 5.007 acre p snot ereIapse nt site located at the northwest corner of Farrls Road and Grant Parkway. Sixteen residential (SFi7) lots are proposed for develop merit. The Development Revew Committee recommends approval. PET1TiONERt Brl1i Burke, Burke Engineering, stated that e wF" 6Tavallable for questions. WRIONt Mr. Glfascock moved to approve the ftnal plat Secconded by Ms. I oc kinddmotion,unanimoul,.y carried. (5.0). ( C. PkELIMINAAY PLAT OF THE RENNEDY XOYE ADDITION, Lot 1, T1T?- LfAFoca I Ms deORTn the Cleyvo! Denton'sheittititritorlci jurii• diction (kTJ) on the fast side of Trinity Road approximate- ? y I L-LI -LLIJ i LLLI= i l DATE: 01/05/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FAOB: Lloyd V. Harrell, City Manager SUBJECT: PU9LIC HEARING FOR V-41 RECOMMENDATION: i The Planning and Zoning Commission considered this item at its meeting of December 2, 1987 and voted to recommend denial of V-41 by A vote of 5-0. SUMMARY: This is a request for variance of Article III, 4.04, of the Subdivision Regulations for a 3.4 acre tract located at the northwest corner of North Locust Street (FM 2164) and Evers Parkway. Article 4.04 requires that developers install sidewalks on one side of all thoroughfares and collector streets adjoining a subdivision. Enforcement of this requirement would require the installation of a sidewalk and bridge across a 90 foot section of property frontage. BACKGROUND: This property is being replatted to create a building site for a swimming pool on Lot 1, Block 12. The Planning and Zoning Commission denied the variance,it did not meet all three criteria listed in the ordinance. PROGRAMS] DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund, Respectf y submitted L c ell Prepared bys city .-Iger ,/lt/~yLG ceL y'7/t? 1C i~ Denise Spivey T~ Urban Planner Approved: rC(,~ Da id E111son Acting Director for Planning and Development 0888k/5 I i a DfNTON, Ta"S 70201 CITY of oENTON ,i f MLMORANUUM i i Late: December 3U9 1987 I Tot Planning and Zoning Commission i From: Denise Spivey, Urban Planner I Subjects V^41. or iance, of requirement for installation of a Sidewalk on orth Locust Street i The Planning and Zoning Commission denied this request for a 4 The varabee appealed onbto the City.Council. etitioneritermequaesste that this scheduled item for Council action due to the pending new variance ordinance which t^ i V-41 wastrescheduled iforCPlanningnandvZoninglCommissionTactionrunder the new ordinance. i ,I The Planning and Zoning Commission considered this item at its a meeting of December 1, 1987 and votes to recommend denial of V-41 b a vote of 5-0. Copies of engineering memorandums, minutes, the new ordinance, and a statement of the Planning and Zoning Commis- sion's findings are attached. . en se p vey .F ab t• Attachments k r I I • . I Y c , ~ i P Jrr~'~r 3 rr rri.iir ~ • r~°..•C•e`7••` ~"',Ir'-'JWti' ^`rr~`~Lr_l~wY ~TrrrTr'L'i'7 G.GG J 1i' Ir'wiYwlYrr .~..r Yrrw..Y r'I~"~'~': t^.I'I.ry r•Y~rrrr. Y1 C1NITT NA/ UII,ICrn IGAI[ Y_r~ ••'L'-Yir. il'~`,.'°r~C: Y.M'r"7 ' .4 Lr ••.~r`r ~w_r Yr,rw rrl y.wr•rwrl , ~iq r. Y }}~~~~Y w~wllY • r Y ~ r ~...y'i s :1ri YTrrC'Y `r~lrrorrwu rr.rl 1 4 t•rN . ~'~fY.ir •Y'+Iry rr. w....rr. IH11 MI ~Y.•• • ./rrrrr r•••M •Hr i I n\ • T1 u Y Z..:~T11GiT, y ww~=r ~1 w•:i =m=I.. v r ~ Yr rrtlrr•.Yrr Ip ~Y Y..wy J 1 CY'!ta-.. ,S \'t•..' _ _ •~`I =°,/'•e .S, J' ~ _ ES.~:''~~r.]i :~'~~CL~~' S ,I T1 r..•ri•r Yrrrr r1-Y~ •/4"tl„~V_:!. w.•11 11 ESSYZ'11r~r~i'T.2'~{: IFL ♦ /p cart r. r.r 4 • I-_ lOf I 11 1 7 rrr 1••Y w r .r rl'.'~'r•S•~ I~irY w^i~w •l;• 1SSy~ 1 ' 'r 1 1 J ' " 1 ii• ~f • r 41116 4l1 W"W 4 S f • ' lrwwrrr . ~ ~1 Y 111 •Y 1• • r~ ♦ 111Hlt•1 ' "6 ~ ,111 N'•' / ' 11 r ° ii 1 11r i ws • 1 1 r tl, w 1 N IT,wsI'1 so4,?,'~ 4 • I CS:w L • 11 • 1 '1 • 1 1Y~_ •~I 111,u•• Y. r.Yllr wlw.rr rl,~.r r / r 1g111'/P1 1n mu n. i .1•.a Yr.r7C i`dr.'St.-=i tY•IY~.T~r~YY\M~" W 1 Yul 11 lnbl~ 11111 h1 ; ~ Yr-•r rr.WyY`/Iiti~•w I ~ 11 1 Mrta111TSVrY ; 11\,1Y x1111 1411. H ♦ Y•r+r rr a. e. e. e c A a, c e 11.1.. 1q1/[.1111 11.111 111,1 111 U1+,q• S40 r., A 186 f . I uvulrw •.1 1.111111 II IY11111N111 lf ryy Y 1. • 1111111 1.11.111 RE PLAT 01 1 pwf of 1hf t 1. • h•1.111 1111..., 1 41 bi4b1 4U1 1 /.1 1 I•I111 111111.1 M1.I MIYW SNIDER ADDITION s 1Y1\.Yr •,rr1 r1««w rlY Yrn.Yrlr rllY r. SECTION TNnEE Y1r""I" YI• II. 11.. Y,YI Y.Y«Y W iIV ,I Y Ir M„W1 Xr .I,M1 rWl.r Mw.w IIY. Y Hw1 YI M.1M,r M•I•Y Ir Y H iwr,n n W Mlr,l Y r tl.1i rl.. MI tifT 0 COYNIV 01 t N YA 1 rtaamlan'tr1'c-vl- 'NtR' 1WN[11 :&MOKR01f SAV! A 1Oc"fic 1 , /Y.1. {OIt NIK41{1111~G1AT1{ ' 1•n SUN YIf 11 j 0, {U 0U 0 '2. 0[MTON, f11A1 T1101 1uu.11 11111.1 111.1{0.0111 REVISED RCr1*,~y^n ^'T 0 1981 V. 1 1f p. a CITY of D<NTON naNroN, Tx"s mzof i i MEMORANDUM DATE: October 14, 1987 TO: Planning and Zoning Commission i FROM: Jerry Clark, City Engineer L SUBJECT: Sidewalk Variance - Snider Addition III b i The variance request has been reviewed using the eight 4 conditions outlined in the Subdivision and Land Development Regulations. Our analysis as listed below indicates that the development of this property does not meet all eight conditions necessary for a variance to be granted. 1. Locust street is shown on the City Thoroughfare plan as an arterial street. Although, there is not actually a master plan for sidewalks, the subdivision ordinance does require sidewalks along one sido of all collector streets and arterial streets. It is a policy to place these on the south and west sides of the street. This condition may or may not apply. 2. Literal enforcement of the provision may or may not be an extreme hardship for the development of this property. The sidewalk for this property includes a foot bridge over Cooper Creek which would be a significant cost as this property is being platted in order to build a private swimming pool. 3. If a variation Is grant,,d, it may be an indefinite period of time until a foot bridge is constructed over Cooper Creek. This would prevent orderly construction of other sidewalks in the area. 4. The intent of the standard is to provide safe pedestrian transportation along arterial streets and provide pedestrian access to near by parks, schoo'%, and other public facilities. As there is a park anu schoo: within 1 block of the property being developed, a variance of this provision would not accomplish the intent. ,t i page 2 of 2 pages 5. The absence of sidewalks along arterial streets is a common problem in Denton. Sidewalks are always required when property is being platted on the south or west sides of arterial streets. Due to many different scenarios being presented in the initial stage, the sidewalk requirements were not enforced. 6. The cost of the sidewalk and footbridge may or may not be cost prohibitive for the development of this property for the purpose of building a private swimming pool. C 7. The fact that there is a sizable creek on the property I may or may not pose a physical hardship. Also, the sidewalk would have to be built in an easement on private property as the right-of-way is taken up by the roadside ditch. 81 The property owner created this hardship when he failed to build this portion of sidewalk when the property was originally platted. At most, only 4 of the conditions. are satisfied. l^aQ air 8C OSGOE t i i i ; a E I 19S9L NO. ?-IQ9 AN ORDINANCE AMENDING CHAPTER III OF ARTICLE I OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REVISING THE PROCEDURES, STANDARDS AND REQUIREMENTS FOR RECEIVING A VARIANCE OR MODIFICATION OF THE PROVISIONS OF APPENDIX A; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f SECTION 1. That Chapter III ("Variations") of Article I of j Appen3TxoF the Code of Ordinances of the City of Denton, Texas, is amended to read as follows: CHAPTER 111. VARIANCES AND MODIFICATIONS A. General. After receiving the recommendation of the Planning and Zoning Commission, the City Council may, where special or peculiar conditions would make strict compliance with any requirement of this Code unreasonable or impractical, grant a variance to or modification of the requirement if it finds that all of the following have been met: 1. Granting of the request would not violate any master plans as defined by Appendix,k- Subdivision Regulations of the Code; 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not general'.y common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's ar any prior owner's action or omission. 8. Conditions. If the Council finds that a variance or modification should be granted in accordance with the provisions stated above, it may impose conditions relating to the modification or variance as will, in its judgment, substantially secure the objectives of the standards or requirements of the Code for which the modification or variance was granted. k t l i t A C. Procedures. A petition for a variance or modifi- cation of any requirement of th13 Code shall be submitted in writing, in the manner specified by the Department, at the time the preliminary plat is filed for consideration with the Commission. The petition shall set forth in detail the grounds for the variance or modification. The Commission's recommendation and the Council's final decision shall be made after public hearings are held, for which the applicant and abuttirS property owner's shall be given prior notice. i The recommendation of the Commission and the decision of the Council granting or denying the petition shall be reduced to writing, stating the reasons therefor. No petition for the same variance or modification shall be resubmitted within twelve months of a prior decision thereon. V SECTION It. That this grdinance shall become effective ` imme ace y upon its passage and approval. PASSED AND APPROVED this the _J.lday of 1 . 1997. ~&yt~6 44 4 KAY STE , MAIOK ATTEST: 'l l btt RET R Y JEIFERVALTERSI APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY k ~ BY: PAGE 2 i I 1 3 i I `I HECUMMENDA11014 TO CITY COUNCIL i I The Planning and Zoning Commission held a public hearing on December 2, 1987 I to consider the petition of Briercroft Savings Association requesting a variance of Article III, 4.04 _ of Appendix A of the Code of Ordinances of the City of Denton, Texas. After consideration and discussion of the following criteria, the Commission Il recommended denial by a vote of 5-0 at its meeting ` on Decembe- 2, 1987 The Commission based its recommendation on the 1 I! following responses to the criteria: 1. Granting of the request would not violate any master plans. Sidewalks are a part of master plan for the city, especially in areas near and adjacent to schools and parks, t j 2, The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the prop- erty, which are not enerally common to other propertiesr Similar sidewalks have been constructed in the vicinity. 3. The special or peculiar conditions upon which the request is based did not w result from or were not created by the owner's or any prior owner's action or omission. 4 ' Respectfully submitted) L Bill Claiborne, Chairman Planning and Zoning Commission I i d r I N I , P 4 2 14taUtes December t, 1987 Page a i DECISION: Mr. Claiborne stated that the City of Denton eeits share of drainage problems and that quality regulations Nave been enacted to solve those problems. II He said that funds have been allocated to fix areas where subdivision regulations were not enforced and that the I City regulations require improvements so that adjacent and downstream property owners will not be affected. He sold ` that the Planning and Zoning Commission agreed to an ear- 4 then channel at the previous meeting. He sold that he does see a need for improvement to Nasch Branch Road be- cause of its close proximity to the farm to market road but deferral would 8e In order. He added that according { to the new regulations the Planning and Zoning Commission 4 could not recommend deferral. He moved to recomaend denial of v-79 and added that there are no unique characteristics that are not generally to other properties. Seconded by Ms. Brack. Mr. Holt asked hr, Morris to respond to Mr. Lilley's statement that no itprovements would be required if the church purchased additional property and why offsite Is- provements are required, Mr. Harris stated that if the property remained in the configuration of the existing platted lot as shown in the county records the property would not be subdivided and the Subdivision Regulations could not be imposed by the city. He continued by adding that offsite Improvements are required because the prop- arty is being replatted. In those instances when a plat- ted lot Is resubdivlded, the owner is responsible for dividing the property and making improvements or the purchaser If the property vas sold by metes and bounds. Unless the city requires all improvements for the origl- nal platted lot when a replat Is submitted there is no way that the city could require improvements to the :this re- plotted lots, After lot is replatted, the city could not require improvements an the replatted lot, vote was called and motion unanimousl/ ca:rled (i-u). D. rv-/l. Petition of Briercroft Savings Association request- 3ai"a variance of Article lti, 4.04, of the City of Denton Subdivision and Land Development Regulations for ■ 3.4 sere tract located on the northwest, corner of North Locust St. (PM 21641 and fivers Parkway, The propperty is further de- scribed as a tract In the B,B.B. 4 C,R.R, Company Survey, Abstract No. 106. Article 4.u4 rt4ulres that developers Install sidewalks on one side of all t,.,r-:Zhfores and collector streets adjoining m subdivision. Six notices were railed to adjacent property owners{ no reply forms were received in favor or opposition. STAFF REPORT: Ms. Splve) stated that the Planning and o ng omm ssion denied this request for a variance on uctober 21, 1911, The petitioner has requested that this item be appealed to the City Council, The Item was not scheduled for Council action due to the pendin new veto ionto ordinance which was adopted by the City louneil on November 17, 1917, Therefore, v-41 was rescheduled for Planning end Zoning Commission action under the new ard- Ingnce, This request does not meet the following eriteels listed in the new ordinances 1) Crsntin of the request would not violate say raster plans es defined by Appendix r DA - Subdivfairn Regulations of the Caddel 1) The special or i to theatopograp conditions wof och the ther ualt of the roperty, which are not generally common to other properdool S) The special or peculiar conditions upon P 6 2 Minutes December 1, 1987 Page 9 which the request is based did not result froa or were not created by the owner's or any prior owner's action or omission. Mr, Claiborne asked about the reasoning for the whole subdivision to be replotted. Ms. Spivey stated that in order to obtain a building permit a lot and block desigp- nation is needed. The petitioner had to replat to desig- note a lot and block number for the swimming pool site. PEIITIONER: Bill Coleman, Coleman 6 Associates, stated j Mt-TE y are not aware of any master plans for sidewalks along FM 2lb4 and there are no subdivisions that have sidewalks along FM 2164 nor are there sidewalks in this area. he said that the drainage ditch is a peculiar and special condition. Furthermore, there Is no pedestrian traffic at this time and the sidewalk would go from no, where to nowhere. He said that they ore not developing at this time, this replotting for a lot and block designation 1 and that th s situation w as not the owner's fault and was f an oversight at the tine of the original platting. He } sold that they are asking approval of the variance and If approved, removal of the final plot from the table and ap- proval at this time. AS. Brock asked if the pedestrian sidewalk would need a bridge. Mr. Coleman sold yes. Mr. Holt asked if there is a sidewalk on Evers Parkway. Mr. Coleman said yes one on the west side was built in conjunction with the platting of the Snider Addition -,est of Evers Parkway. IN FAVORS None present. UYPOSEU: None present. RECOMMENDATLON: Mr, Clark stated that he would like to He feid thitpalltthsapropertyafromoWindsor lto LveraePark- way on North Locust is owned by the Parks Department and they Rare not developed. The Cooper Crossing propettr on the east side of North Locust does not have m sidewalk because sidewalks are required on the west side of an arterial. He said that the interior footbridge that they Installed was at their own request not the city's. He oreisidewalkssonped zonedeSFr7. Heosaidythatttherenorth „utdisthat %indsor Drive, and on Evers Parkway that runs north and south. He said a sidewalk system needs to be established in this area due to the presence of the residential, school, and park. REBUTTAL: Nc,e offered. Chair declared the public hearing closed, DECISION: Mr. Holt moved to recommend dental of V•41. econ a by Ms, R ock. Ms. Brock stated that omission of the sidewalk was an oversight at the time of original platting, She sug- gested a small amount of CIP funding to continue the sidewalk down is the park area, She said the develop- ment to the north will be required to build a sidewalk have dalk this In sidewalk the l road which built would h create Children a dangerous to w situation. vote was called and motion unanimously carried (S•0). i L` a 1 6 P 6 2 Minutes October I1, 1987 Page 9 walk. He slid that gut at the property is pared or build- ing and across the street is the Pillly stilly store. he said that this should fall under some type of grandfather clause. Mr. Holt asked if people parked along Cardinal inside the -operty. Mr. Cheatham said yes. He said that there is four feet of gross between the street and parking area and everything to the west is paved. He said that SUI of the parking is an Cardinal. OPPOSED: None present. j 44 MMENDAr10N: Ms. Spivey stated that none of the con- or granting a variance are satisfied and the L,velo0sent Review Committee recommends that the variance I be denied. ith WiAL: Mr. Edwards stated that he is available to j answer questions. i Chair declared the public hearing closed. ULCISIUNt Mr. Claiborne asked why sidewalks are reques- 4 tea to be on the south and west sides of the street. Mr. Salmon stated that the policy of the Utility Depart- ment Is to put water lines on the north and east sides of the street. He said that in cue of a break the sidewalks would be spared. Mr. Claiborne asked if most developments were planned this way. Mr. Salmon said yyes unless special circumstances. He added that the utilittas are on the same aide In this case as the church, Mr. Claiborne asked if the natural flow of walking traffic was taken Into conoid- oration. Mr. Salmon maid no. Mr. Glasscock stated that McKinney Street Baptist Church was required to put a sidewalk on the south side of the street by the Commission approximately ■ year ago, Ms. Brock stated that the Land Use Planning Committee has requested that the city staff work on a city wide sidewalk master plan system. She said that there is a larle net h- borhood to the north of this area and a sidewalk would ~e useful and serve a function, Mr. Holt stated that a sidewalk is needed where there is traffic. W. Brock moved to deny Y•10. Seconded by Me, Glasscock and motion unanimously catried (7-0), Mr. Claiborne advised that the petitioner has the right to appeal to the City Council with written notification tc the Planning Department within fU days. V. Y_r11. Petition of Briercroft SavintI Association requesting a variance of Article 1.01 of the City of Denton Subdivision and Land Development Regulations on a $.1 acre tract located at the nort'twest cornet of North Locust Street (F)4 1101) and Evers Parkway. The property is further described as a tract in the B.B.B. { C,R.R, Crapny Survey, Abstract No. 110, Article 1,U1 requlres that developers' install sidewalks on one side of all thoroulhfores and collector streets adjoining a subdivision. Six notices were milled to ad scent property ownersi no reply fares were received In favor or opposition. i 1 I i' P A 2 Minutes October 21, 1987 Page 10 STAFF REPORTS Ms, Spivey stated that variations and ma cat ons of the requirements of the Subdivision and Land Development Regulations are discussed in Article I. Chapter 111, which states In part that In no use shall the Planning and Zoning Commission grant modifications unless it finds that all of the foll:,wing conditions are ` satisfied,. fl 1. The modified proposal would conform to the City Faster Plans. 2. Literal enforcement of a provision would result In an extreme hardship for the development of the sub- division. 3. Granting of a modification will not have the effect of preventing the orderly subdivision of other land i use In the area. 8. The modification accomplishes the spirit and intent of the standard. S. The problem in question is not generally common to other properties in the City. Lf the standard in question is of general application to numerous prop- I erties throughout the laity, then the Planning and toning Commission is prohibited from granting such variance, but should instead recommend an ordinance change to the City Council. 6. The actual pecuniary cost of development of the E property shall be considered for modification of h ; standards. 7. The hardship must be a physical hardship relating to the property itself as distinguished from a ! hardshlp relating to convenience, e, the hardship must not result from the ■ppllcsnt's or property owner's actions. She said that in regards to condition 14 the intent of the standard is to provide safe pedestrian transportation along arterial streets and provide pedestrian access to nearby parks, schools, and other public facilities. As there is a park sad school within one block of the prop- arty being developed, a variance of this provision would not accomplish the intent, She said that the city received a request for a swimmin pool permit and the city deter- mined that a replat wou~d be necessary, the issue of the sidewalk surfaced during the replat process, She said that the fact that there is a sitoole creek on the property may or way not pose a hysical hardship. She said at the orlg- Inal time of platting the sidewalk w8s overlooked. Mr. Ellison asked about the reason for replat, She said that the reason for the replat Is because when the prop- erty was platted there was not a lot and block numbor on the plat for the swimming pool area and a building permit cannot be issued without legal designation. Mr. Glasscock asked if this sldewslk would serve a purpose, l MsSpivey stated that the land to the north is toned for re;, dential use and in staff's estimation there is a need for access to the park snot school. 1 Mr. Molt asked if there will be sidewalks to the north of F this area. 141. Spivey stated that the some provisions will be required. Ms, !rock asked about the estimated cost, Mr. Salmon said 10.10 feet x $g per linear foot. Me said that he was not sure about the cost of a walkbridge, Mr, Claiborne asked if a structure existed on lot g. Ms. Carson sold yea and it was 10 feet from the property 11ne. At. billion stated that the sidewalk would be on p.iv+ts property at this location, 1 S i t T1 Is 1 P 4 Z hinute1961 October 11, Page It PETITIONER' Efi: Can, Clel*n reviousaplotsbecausesthetlotd a ey ere amendinng g the p p designation had been omitted. He said that they asked ble file a certificate oflncorection and alyderelopsent it was orequired to he said that the orSg build a sidewalk and since has been LAiilot°fioseaeloreclo- He said that the owners ethec~~ei cleaned up and residen- tr ing to get ts ce is because sure and are Y le nevian said. he said reason f edestrlan r ul s leased o th an usef A , the sidewalk cannot be le and intent of the ors:- +i w2y and does not aeet the sp nance. He said that 54•y,000 for a xilkbrldge would be a financial hardship. f ~ iN FAvnRi None present. CPpOSbUi None present. RECUNMENDATSUN. Ms. Spivey said at cost, only tour of e <on oA are satisfied and the Development Review Committee recommends denial. } RbBUTTAL.. None offered. Chair deeUted the public heating closed. ! eery to the DECIS10h: Mr. Claiborne said that the PraP with a no~j the Evers property, the Roberds Rropect,rty to considerable amount of residential, and the prove the north of this is the Swinn* /Tebo propertr which has a wide variety of wised uses xhne said thisty°rE°nc* w uld to ehe oned instruments property. dOf this property, pede the orderly devvellopopent and a state attingttostheeaatk5San dschools.1edHebsoldtthat In this respect a stdexIpplk would be desirable and tips the scale for denial of this variants. He said that he thinks consideration in this use in that the sub• therIivie st to onl sane tenotnrequftedold subdivision regulations when sa. Carson ertyawas plat tedt+ltetmthe°currentsstindards dwere adopterd.o. Mr illSson stated that staff not a tch this Stem about sidewalks when originally platted. ms Brack stted that ecommend inathe futureithat lCieafunds pbe tauthoriteduto r traveled Snetnedfuturebandumovrd fotrdenSalloEDY•jjtPSly tin t 8 ',u, Seconded by Mr. halt and motion unanimously carried (t•0). Mr. Claiborne sdviseo that the patitiouer has the right to appeal to the City Council with written notification to the Planning Department within 10 days. E. PAELI M NART AND FINAL REPLATS OF PRUPERTT IN THS SNIDER One notice was mailed to tloretopeerect n er in favor rated' ing subdtrSsionS no reply wig iv opposition. STAFP REPORT' Ms. Sp,vey stated this 1.1 acre tract is 7 oca 1 a he northwest cthelp! pe ty°isstoned plon• ;Fri and Evers Parkway, ce, the nod development (PD) and nd is reserved for oyes spa andpblocktdesignation to treateaalbuildingt N fordaiot 01 r~ 11 lilt Jul I LL ]lilt i lilt] i I 'I I i II I v i I - c E C17Yo/ VENMN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 70201 / TELEPHONE (817) 000.0307 + 4 Office of the aty man- j M E M O R A N D U M i r TOt Mayor and Members of the City Coilncil i! FROM: Jennifer Waltera, City Secretary 1 d I DATE., Octof:er 29, 1967 SUBJECT: Back-up for Agenda Item #2 Mr. Givens came into my office several weeks ago and requested to be placed on the City Council agenda to discuos a building that the City alledgedly tore down in 1976. The building was located at 1117 E. Sycamore. I have had several discussions with various staff members and all the reports of the incident are the same: 1 1, Mr. Givens has never owned the property at 1117 E. Sycamore and currently does not own the property. 2. The property was owned by a Mack Cnray who is deceased. 3. Mr, Givens moved into the property after Mr. Carey died. 4. Mr. Givens did ! pay some bills on tha property that were billed to Mr. Carey. 5. The property was in such a state at the time it was torn down that it was not fit for,soneone to live in it. nn r waiters 2727C/2 6. 1 have attached a memo from the Tax Dept, regarding the statue of the property. 7. 1 have talked with the following staff members regarding the propertys Jim Lawson-Code Enforcement= Elizabeth Evans-Planniagi Ginger Dinwoodie-Tax= Jeff Meyer-Utilities= David Ellison-Planning. 1 1 j~ e 1 i; . D2NTON, TiXA! 76201 CITY of D#NTON ` M E M O R A N D U !3 Jennifer Walters, City Sec"etary r T0: f nom'. Ginger Dinwoodie, Tax Clere 1 SUBJECT: City tax account 3660-05000 ,I for tax pursuant to your request tax account number, covered the following information: 1. The account is assessed it, the name of Macy. Carey and D Harris with mail being sent ta } c/o James Givens at 1117 E. sycamore. Dent.)n, Texas 76201. 9 i 2. The legal Blockclp Lotn108 listed as Hill 3 3l , o erty location of 1985.and 1986 show a PrP 1117 E. Sycamore. Tax year 1987 doesn't give the property location. 3. Delinquent tax records indicate on outatand- ing balance of $545.20 if staid b efore November 1, 1987. (Penalty/ let of each month) With the exception of tax years 1966 and 1967, taxes have not been paid on this account since 1962. Our records do not indicate who paid the 1966 and 1967 taxes or how much was paid. It is possible that taxes were not assessed for those years, however, that's i not very likely. additional questions, or it we can b,o of If you have any do not hesitate to contact us at 8319, any ' assistance, please sincerely, i 'IRS Ginge Dinwoodi Tax Cl rk z 1 f 2 +H 1- H f I i r i i 1 Y ti Jr 6. DATE: 01/05/68 CITY COUNCIL RFPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPROVAL OF THE FOLLOWING REPLATS: (1) PRELIMINARY/FINAL REPLATS OF THE GOLDEN TRIANGLE MINI-MALL ADDITION, LOTS 1R-8R, BLOCK A. j (2) PRELIMINARY/FINAL REPLATS OF THE NORTHWOOD GARDENS PROFESSIONALS' OFFICE PARK ADDITION, LOTS IR-7, BLOCK 1. RECOMMENDATION: The Planning and Zoning Commission considered these items at its meeting of December 16, 1997 and voted to recommend approval by a j vote of 1-0. SUMAARY: BACKGROUND: i PROGRA,'Sr DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: Respectfull bmitted: Z O~J/ oyd arrel Prepared by: City anager ~e/ 1a-Yc Denise Spiv y Urban Planner Approved: 0auk David Ellison Acting Director for Planning and Development 0888k/2 4 T- kk I I -W.5: A5 i C1'IY COUNCIL AUENbA BACK-UP SUMMARY SHEET MEETING DATE: January 5, 1988 SUBJECT: Preliminary and Final Replats of the Golden Triangle Mini-Mall Addition, Lots 1R-8R, Block A SUMMARY: This 7.1 acre tract is located on the east side of Loop 288 north of Colorado Boulevard, The property is zoned light industrial (LI) and com- 1 mercial/retail development is anticipated. The purpose of the replat is to relocate lot lines. A 12" water line and 8" and 10" sewer lines 4 serve the existing subdivision, Electric and ( gas services are available, I ; ACTION RECUIRED: Approval of the preliminary and final replats RECOMMENDATION: The Planning and Zoning Commission considered l this item at its meeting of December 16, 1987 and voted to recommend approval of the prelimi- nary and final replats by a vote of 7-U. ATTACHMENTS: Reduced preliminary and final replats I 1 I E 1 i a I L[[[MD \ /I► - 11unA Iron fin 6 Mr lip Art Ill. - MYYr -Y• - I LIM tND ~~j X1111111 -L- - EI mn "VIC LIM T--1[11Cnmt Llnt by \ lu - =011 / ///rJ// /J11 171 \ V - Light Poll M - Piro Mrrt •x \ [mUr LIM LOCOM cti 00 2.37. AC\ :jg 19 r \ N POOL a as 2.170 AC. :yJo aes S,r +y~` 1 \ Ea BL DCK /ASL mr e•o,~,~.J ~'~I: ,•r+. \ \ r i„ 0.633 AC. n 0.35P A / \ ' 1 . / \ • ~ t by r/~ \ Vi , L ! " 0.103 AG \ 0.574 AC.\ OZr-~ =---tsasl~ ~ ~P1! PP v I \ to ]66.50' Apr Nk r- p NE+ROPLEII ENGINEEAIN6 COAPOWICIN EAESA[t17n0 I AAWlAG • liA•rl7M N° I."" rr, trw nw mr O I•Y E R 1.1 rna o.n [E" a+ AmElrtt/t CW" UP ANDErCN GOLDEN TAI NOiILEMMIT MALL ADDM. ! AE6C MILLMI 101 NILLTy - KING l toll .10E Ovill tit 111 tr1110VCN 6A, ELtICX A r r .lu IM A J. T.Rt UC9 A hl9lE fECRM ELU[~ 1GA! . . u • s • rr DALUS tau fsae 7616E rr d piryton. o wic c.a cw f1AM." /CALF DATE JOE MD. rna.A r. MCKC~-J2 l' • 50 C] DEC V KCIJJI i 1 I n 1x1 Iv • iw l/t• We Fq M Frnr ~ .x.. hnn unr 4~p• -t- • /4Frtrie l.nr 1 ' IFI Fr+n01. C3~ rv .vo.r r•11 fS p•55 ~t✓~`` F,d„If .C 1M -rrx lNrrt I1 wlt•u y•v II J.• Riat 'dam ~.f .~1 trlar um ® ~g9 u x 10 u' n• [ u. eo \t A ~,r e• u x..•lon• 1 1sn An ~6 J c-= ~i n 1 FJ u e I 71.0°' uuna w c 1 f?.A$ / e` ti tit l 1 w, w h u• a 701 Y'` 7.375 AC. L.l t~ o H pj0 a~ i•a at i ~jM I s% . +'r9v*j "`.t i'• i ' ni w% j• ~ ` A+`'I IRn ~ I .S' ~ . ''k•,f y~ ~ t 1 it fir a 51a j o A t-a 1 I~ • 3R /'t,n' = S N + J 0.?99 AC. `I't7 ,Sti. • C; 4p ~yr t.va Ac. Jsl vl. 9 ,f a 4. t NSA, • A+ 09' 15' 5] 2• 'A. w u~ .r✓'~ ` 209-22-00 a R• 795.00• a f 0! 0 K A e xrJl us. 1J' n L+ 125.55' tP• r*% ER / / lp x ll.a' p~ p• t Q.35r AC. / C11.N 18'57'40' Y + / S / 21 2S' a'0' { / $ ` 125.U• 0.673 14C. V.N 52.1 31• M S'Ir ~ ♦t sr ~ L.7,Jr `116. C4' •aw~ ~,f••~ dy D 1 0 C K A 4 ~1 R 0.760 AC. / + r 71-69 S. 171-60 ~ / It L• • a t, 0 1 • 1 / t / [n•! 50'22'57• M I^ I~ ;.4 ~ , / / w 1m rG 169.57' 0 EFi ~1 O 0.912 AC. w 0.60-6 AC. ` { OM 'i Rt +O FFr ewT. A 9. 12257• ar• R• 71s1 ~I 71 J. VHITE $URVEY A-1113 L• 92.93' ! 1. 07.7e~29• v•5IO.7o•21' w p. 127.50' 92.77 NETROPLEX ENGINEERING CORPORATION i h/nw3'.3 . vcrrws ) L+ 57.71' 1 9ln ; p1•N 11'10'22' Y \ "ASlwfe.7:A0 ua.m ar• MIA ow 17.51' \ wln.onln. KJIrT F R S GDLDEN TRIANGLE aR, MNAIL ADDNr M O 7Y [011 10. 71II000 8A. LOC1(+ 1 tail hPvIT. TM..it tLw9 IM IOR KING 7.114 KxFA IN M J. "I n .r Ir IK9T 1 d ! ry / uJ 11v" OtV .vJDOW CM" LEO .M:MT1r ~FS [ rr Y OfM •0v ,p0 N0. Mn M[u]tt 1 r s • ICALL DATE •wA IC W .C-a p9MFMi 8601919 1 1J~N MIl1CMI9N TItlRd 691. wd nw 25 MV Il WiTI Itl rgrJ n :~CFLO, Jr. 1• • 50' MLLN, TJAAI r I ip JV s a, z CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET IIt MEETING DATE: January 5, 1988 { SUBJECT: Approval of the Preliminary and Final Replats of the Northwood Gardens Professionals' Office Park Addition, Lots 1R-7, Block I. i SUMMARY: This 3.491 acre tract located at the northeast corner of Old North Road and U.S. Highway 380 is zoned planned development (PD-119) for profes- sional office use. It is the first phase of an F 18 acre development to be constructed at this location. The purpose of the replat is to create individual lots for sale and to designate the parking area as a private street. As a condition of the general development plan for the entire planned development, the follow- ing improvements were installed with Phase I: 1. Drainage improvements along the north property line to serve the whole tract; 2. Sidewalk on old North Road; 3. Deceleration lane on U.S. 380; 4. Extension of water main from Old North Road through Phase I; 5. Extension of sewer from Mingo Road to Phase I. ACTION REQUIRED: Approval of the preliminary and final replats. RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of December 16, 1987 and voted to recommend approval of the preliminary and final replats by a vote of 7-0. ATTACHMENT: Reduced preliminary and final replats. 28079 A 1 ky i Nd~tp d nr ril ! I j 1 E ) 1 I i ~V~. 111=-1[-Ye,llN•N ~"~WN9 ~Y~Y. HL 1.'ll [ 1-.1~It[ MT Oi 7 + LOS 6 \ 1 I. • - 4 Jr. la V II KTi1 i CASLELL CARTER Slpi. {.KS L VACANT /9F-10 Q\ COMICN i$i. 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YW~`r Jr}IY Y Yx + BLOCK 3 LO+> L'~.,,: ,,;;~w•Y„n..Y..,Mn.n M XYY.,IY'x.+w _S•_L___ N.75Q lfi 5'M. µM ~..y u' I-' I..: x e irYY'„ur'..w, E.. :i LOT 4 3, 217-AC9ESr ' r _ _ ~ ~ I..r 1,.1 M 41•n Y : r•I'XY wr.4.•R •Yw r .•r r N MY T\rrr ti A 1 _ Slt~ \V~ ` Mw ran»Y••. Yr..\r M1, w.Y YJi4 Y.Y'•M.YJ Y..Y , r-•i 1~VTn S O'19 IS'~ 1►~ w w" • Y\1, 'f, XO ' Lpl a X l~ 67 dl' i ,Ynir4nrw r4• .WwYI•YYyII Ma W}YMr.r.bh CJ On n~ In yr Y.,..``~. ra a~xn..ur. 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JSp ACFEI IN 107 iu~n', rrW~+r•N wY.~ 1. a. nYJx... nYMN.wnNr..N ;7 IPrynY btinWw['WaxlxnNW w.M YxlwxulM wIY X. N.rwW VA Y1Y•'•r••I Nn4 Yl.wnlrYrY rM M1YIK AMn 11M iY•••r.11 .14.1 W rrY JJXn 4 M~ W I r Ir \q [15ENEwT uQ N/LIC EL[[Tal awJJY.rw-_ A ~S Mi ww YM HYY NaM r4YJ,. YIrMYrr„ww. { ?0 \ IYrwYM„w 1.x Yr YYrpr rl. rY Wnrw YlY iwXM al{ OEM, p ~i:.."'~x~-iu:w°'.r. nr•.li•°~N ~Y... r.rr•rwxw.nY. 3 ~ JS 90. NlrwrYN r.J JJrrr~Y1X~~, wl r ~ ~ i Y~ .w1R~.1G~ B, LONGBGTTOM SURVEY A-775 [„a uYan ~tnrunl lal r f.a fY•I [ Mr•,1 Nr•r'r.. W' x. rrlrY /wxn ~ IrMr Irr„1. aY ab aY.N Mwwr.w~YNrn.. wr rYYNY Y..r; .r nrrlMr Yx r.M• YYN WY 4Yw.Yx„w.1xw NYrY. 11 Ww.. 11 t*t" 0W N E A - 4 B I L L 0 0 00 C V R V E D A T A 2101 wIA~ CFI1YE kCTPOPLfN EM9•EEAB+IIS CWFCFArciN ONG IPV01 hIG 2LMNIIG S4W'I Nice CuAvE NO e R L T c DeITON, TrwAs :5201 1 tr 1711• 221 a0' 71. W 74 . 11' `~1:, stn 114 rn MIA RY'YL rt].1 r.>-.7talu Ktre .m-uu y r verv :2200' 10501' 551)' NORTHWOOD GARDENS PROFESSIONALS' 1 04-Has- 17100' ITS III, ID 51' Q OFFICE PARK I LOTS TR t"u 7/BLOCK l• BEING 3.491 ACRES j / 11T 11'00' It is, 51.72' It IT, t). C/' ® OYAIIC tCX1 iN rni• C.GaTEA /L'aKT A-M. OAND tHE I.I.LM"O `CY "VEY 1.775 1 A n r n in 1:1 }I TV I 5 13- IT-' DO 26 Is, tt. 71 a.n' 71.],' am,rr ___&L SCALE OITE JOB NOr E or 11105. a Is' S 111 0. W 1. 11' LOCA71GN MAP r' ww m KZ 11 Z"s cy[CK[O, _PoL I'' $0, 13 NOY 07 60187 G - i I V tr I r i f p j j { lilt I fill lilt [lilt [lilt 3 11111 ]lilt [Jill I x I 1 i f t 0923L i NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS ORA SERVICES; FOR THE PURCHASE OF MATERIALS, EQUIPMENT P PROVIDING PROVIDING EXPENDITURE OF FUNDS THEREFORE; AND i DATE. the City has solicited, received and tabulated WHEREAS, materials, equip- ment, itiv liesd orf servicesu in accordance necessary the procedures of meat state law and City ordinances; and has WHEREAS, the City Manager or a designated employee reviewed and recommended that the herein described bids are esthe lowest responsible bids for the materials, q Pme services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for thtoved candeaccepted materials, equipment, supplies or services app herein; NOW, THEREFORE, THE'COUNCIL OF THE CITY OF DE NTON HEitems i REBY ORDAINS: SECTION I. That the numbered supplies n t esollow n g numbshownered id or et. vices, bids or materials, equipment, are hereby accepted and the "Bid Proposals" attached hereto, approved as being the lowest responsible bids for such items: BID ITEM AMOUNT NUMBER NO. VENDOR 9759 ALL W.A. NEEL do ASSOCIATES _ 36,021.00 9803 ALL J1MELO INC. 12,02.00 9809_ ALL COCA COLA BOTTLING CO. 9815 ALL S dot EQUIPMENT CO. - 1- 1f i t s. SECTION II. That by the acceptance and approval of the above numbere items of the submitted bids, 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 I approve an accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbere tems of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme ata y upon its passage and approval. f PASSED AND APPROVED this 3 day of JANUARY , 1988. RA STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: JENNIFER ALTERS, CIT E ETAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY -j CITY OF DENTON, TEXAS BY: PAGE TWO { DATE: ]anuary 5, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council E FROM: Lloyd Y. Harrell, City Manager E SUBJECT: £llD# 9759 FIRE FIGHT°R BUNKER GEAR i RECOIVIENDATION: We recommend this bid be awarded to the low bidder, W.A. Neel r and Associates for the total cost of $14,258.97. i i SUMMARY: This bid was sent out to several vendors and three were received. The bid of W.A. Neel and Associates is the low bid and meets our requirements. W.A. Neel and Associates has furnished our fire personnel unfiorms before and has been a very satisfactory supplier. l fighting activities This is for the protection of fire personnel when engaged in fire . •k j BACKGROURD: Tabulation Sheet s PROGRAMS. OEPARTM YS OR GROUPS AFFECTED: The safety of fire personnel. FISCAL IMPACT: Account # 100-060-0051-8121- Fire Department. There is no additional impact on the general fund. I i Respect ly/ssubmitted: Lloyd Y. Harrell City Manager r Prepared by: 6 t . y~ e • of n . Narsh 11, C. .M. +'urchasing Agent Approved: dme' o n arsha 1, .P T. ~Tltl@: Purchasing Agent r~ i i . 1 c„ 1 Fs t i I 1 i 1 BID 1 1 9759 1 KOEITER 1 N.A. NEEE I VALLEN I ; BID TITLE FIRE FIGHTER PUNK.R GERA 1 FIRE ! 6 1 50 EY I ; OPENED 8127787 2181 P.N. 1 FROTECTION 1 ASSOCIATES I SUFFLY i I ACCOUNII 188 86/ 1DSl 8189 1 SERVICE I i 1 1 ! I I BTY I ITEM DESCRIPIIDN I VENDOR ! VENDOR ; VENDOR I VENDOR I I.. ° i i--•----------i ~ I i ! 1 I I ! I 1 i i I i I k, I ;BUNKER COATS I 1 ! I i 1 NOMEY 1 317.1@ ; 217.36 1 386.15 1 1 I I FBI KEVLAR 1 477.22 ! 265.26 ; 1 i i', ~-~1 1 I 1 I i 1 2. 1 ;P•'3~KEM1 FDNIS I I ! 1 ; r I I NONEE I 242.11 1 162.62 ; 224.75 1 1 , D i I FBI KEVLAR i 364.11 1 194.55 1 I { < ~';y `i I I I I 1 I I ! i I I I I ;RADIO FOU ET I i NDMEI i 5.45 1 I 1 S 1 FBI 3 I 7.95 1 i I ,rryi I I I 1 ! I 1 I I I I i 1 i 1! I I Dellrcry I 75-9f I 88-15 I 8-4 1 ! I I i DAYS I DAYS I DAYS I I I 1 I ; i I I FOB DEN10 I YES I YES I YES 1 i I i I I i ! I _ i I I i I I I I I I I i i a j' I I I 1 I i i 1 i I I i i r c 1 it. I i DATE: January 5, 1998 CITY COUNCIL REPORT TO: Mayor and Members of the City Council I FROM: Lloyd V. Harrell, City Manager SUBJECT: BID! 9803 TRANSFORMER REPAIR RECOlVENDATION: We recommend this bid be awarded to the lowest evaluated l bidder, is also the lowest bidder, Jimelco, Inc. This for the repair of approximately 62 transformers for a low of $13,895.00 to a not to exceed high of e $36,021.00. SUI9MRY: These bids are received on three categories of repair and for seventeen different sizes and/or classes of transformers. We expect to send 62 transformers for repair as soon as this is approved. At this time the repair of transformers Is very competitive, therefore we have received some attractive prices. BACKGROUND: Tabulation Evaluation Sheet (The cost/transformer is the bid price and the total cost is the evaluated life expectancy cost.) PROGRAMS, GEPARTMUTS OR GROUPS AFFECTED: Electric Utilities FISCAL lITACT: Electric Utilities Budget # 610-080-0252-8334 There is no additional impact on the General Fund. Respect ly submitted: Lloyd V. Harrell City (tanager Prepared by, 11 n~@; ,4ofiff J. Marshall, C.P.M. itl4. Purchasing Agent Approved; r,>d; h Marshall, C.P.M. Purchasing Agent f r W NUW46ER !4603 FA S :F.4ER FEFA!R a!O ~4ALIS!S i Ai 0A CEO, 6997 9A5!C -VA!; COSTr19ANSFORMER TOTAL COST ~ [;,ma 3A4 rN5 4 LONE M10 ALW :NL :AN AN6 46 :OhE 3P EE NV ALn1'O i ;SF +A ALAN, a IS 55 79 112 ao 55 31 9:5 117) 1690 1204 a2! 1:75 { :i.5 !0 55 ii 149 69 0{ 00 S50 940 113) 99) 40 50 10 55 10 02 1;5 60 115 S1h 1030 la2o 950 b00 1150 j 75 2 65 146 :48 99 65 110 130 296 496 199 ISO 300 i E6N'J. TOTAL I'M 3136 5476 3238 2155 3725 k Y.YA 4L'AN. 25 is 5: 76 11: 70 55 i5 621 1170 16s( 1050 32: 1275 31.5 10 51 94 149 74 60 1o0 S50 940 1490 79C 600 1000 St' 10 55 103 132 E5 60 115 510 1030 112) 650 A 1150 71 2 5s 14a 10 64 65 1!0 130 245 496 176 130 300 140 ' , 65 155 R2 129 6s 175 325 775 1510 445 725 675 167 1 65 219 358 155 65 235 65 219 358 155 65 235 333 1 95 270 605 225 100 330 95 270 605 225 100 330 10TAL :`.40 4700 7949 3d43 2645 5161 1-PHASE PA0B0UNT KYA 05.4. i} 61 134 :4') 1:5 51 140 130 :6G 490 :1v !30 :1,1 a1 140 :e4 I:`. 7') !6: k!i :6( SS `.0 110 .4G SO 4 65 l:U :94 1:5 1'S 260 :90 !k60 lit :6" ''?0 ` 65 19C 494 1:`. ! 21L 6S !iv 496 :10 :f 10) 2 is :is :iG 1"! '5 :2v 177 Rio :50 15) 44 !y1 c.S 250 360 640 SS :JO 83' 17: 4i: i5^i : 3-PHA6E PEMLNT 01eL 755 M 5':S 41 425 1550 ~ IfYA }UA.4• 112.s 1 17s 270 !935 465 146 1-00 175 27L 193'. 465 140 UN. 225 1 175 360 4757 500 161 50S 175 3t. 271: 60: 185 500 I 300 3 210 375 0111'16 650 :4) 165 Vii 11:1 a'. 4i 1950 7:') 160! 100 I :15 $35 11954 51: :7) 7Sv 5) 531 M", 270 700 '0TAL 635) 22rl 1;:35 :a95 1:15 3111 TNn: C96i 16.140 11:,765 $44,493 111P! I% A) 114.635 I COST Of 04/464, 11.75 11.3: $0,00 )I.i6 i1.75 11.75 f C t1 1 f a T i . I, i 'PANSFOPMER REPAIR B1D ANA0515 AS OF DEC. 3. 1981 ` 1. MUNN OV WUL CDST/IP,ANSFMER ?Oidl :f ST - ]IMEL SAN ANS 44 LONE 6AEENV ALAMO 914EL TAN ANS 4N .ENE iPEEN1 ALA40 0A DL'AH. 241 Is 75 170 112 112 90 120 1125 2550 1680 1680 1350 1800 37,5 10 95 190 140 145 115 135 950 1980 1480 145( 1150 1350 SD 10 95 198 102 175 120 UO 950 1950 1820 1150 1200 1700 75 2 135 275 246 235 125 230 i70 550 496 470 250 460 EON4, TOTAL 3245 7060 5476 5350 3;50 3310 i i P. 'JA QUAN, 25 15 /5 170 112 102 15 120 11:5 2550 1680 1530 1125 1000 3115 10 95 178 148 135 100 135 950 1980 1400 1350 1000 1350 50 10 199 182 165 105 170 950 MD 1820 1650 1050 1700 75 2 GS 2115 248 225 120 :ii4 2114 55'} 4'6 43. 47 460 100 S 135 293 302 275 130 250 675 1465 1510 1375 65Q 1250 167 1 255 386 358 325 180 343 255 306 1.58 325 180 343 333 l 305 534 6DS 550 250 495 305 534 605 550 250 495 TOTAL 4530 9445 1949 72% 4495 1400 1•PHAEE FADMOUNT Y.'iA 9LAN, 1}0 :-0] :4+0 225 4B: 44 4:6 ]'.S 2 150 367 :54 6:5 l5i } SOi 545 }:5 4;; 470 }0 4 150 :54 290 :bs 1'41 :}G rv4 N !b 116 1u62 Oti 1000 15 1 :50 436 490 325 2:5 :SL 436 490 225 320 d0 :}0 446 c80 715 :`ASi4 39: ]62' 752 5)i 56V 200 559 360 450 :1i 445 00; 1115 C:0 6:4 890 :-PHASE PODRDU47 TOTAL 2350 5174 5738 3955 9595 3760 K9A QUAN. 212.} 1 450 503 715 79} AN 40 45u SOS '141 16S 4;v 450 2'.5 1 450 694 1030 900 4413 V 450 594 10:0 904 45C 709 4100 3 450 305 112: 950 475 B6Q 1350 6415 3366 283) 14:5 :580 500 1 4SQ 996 l%O 1230 465 1079 450 996 1360 1:50 485 i0%e TOTAL 2700 4508 6471 I'M Vb6 480] TOTAL COST 113.075 $26.281 125,634 f:2.330 113,800 121.270 i 1 , ~I f f 1. Be WMKR SW3 I I 'FANSFOkMER nE'r0.IA 816 RNALrS15 n3 OF DE:. 1467 GS' `R-as'r RMER ':'k .:ST i1t. ~.A:35 ,:VEkrAJI • ~ .:VE :nEEVS ALhMD r^e 1iMEL SAN ASS NY LBE 6REM 0.:0.MC Jl•EL :0.4 Hlia NY l d9A 9LAN. :675 45:0 4240 46]5 46,40 4435 25 15 l;S +08 1016 309 31~ 19 0 IS4 775 !06 7230 4210 4000 1190 3750 4060 37.5 10 3.3 L1 :960 49 b) 4480 4320 4160 4700 ,40 SO :92 492 448 432 466 470 75 2 675 727 560 610 572 715 1350 14`4 1320 1220 1.41 1430 101AL 12235 15204 1401 90 14:65 14404 14675 ODN9. X4A 2UAN. 15 215 .(,a Bb 299 :00 299 :6'S lb2G 4240 1165 4500 4405 :2:9 4210 4000 4040 3150 4660 37.5 ID 323 42! 450 409 375 106 3990 4920 4480 122D 4660 4700 5@ 10 396 492 118 422 ddb 410 1350 :4!! 3328 1210 1344 14% i. 7,4 2 675 727 660 600 672 715 7790 4125 3650 :!PO 3'05 4070 100 5 756 825 77D 700 751 814 L67 1 1058 It" 1200 1150 1054 1256 1050 t16a 1209 1150 105) S25b 1842 1905 2000 1925 1-41 1973 $33 I 1292 1905 2D00 1925 12451413 21471 TOTAL 16971 2:122 21140 20570 20914 M 1 ?rASE aA:nLNT •5 : a! !4? 543 4t9 950 ::2•' 1144 X50 97, .:Cc 2 175 014 4'3 4'C 4 :360 ::b) 1160 :316 4 5:5 615 !92 !40 !4, 799 c1,. :8 12 745 lid 198 92 17s 433 712 745 s ;5,40 J G 64's 53 1!c :91i • 'S 1(,17 e:4 361 ,45 ;4•" I9S: :S••+ 1431 1!OJ 12 275 fi:! :115 Bs? :o 27 1•:56 F?0.5E PAPNOtlNT TOTAL 8:41 1062 9463 3697 4142 9414 r)A HAN. f + i U25 t?G1 1935 1625 fe: 2140 N:! N:l 1935 I6:5 1600 21% 2454 2e2s 31oc 2025 :iT) :G2s 438 2t! l o,5 2756 2454 969 025 6975 31 ' 81 )G 4 8100 M0 231'5 :204 2960 :a48 7500 i :207 3944 9.0 3512 4150 720 :944 7925 :012 J9Jd 1150 TC*.AL 17625 1691 17335 !6269 1•.945 20459 ?:'AL COST 152,972 !65.493 162,533 165.12! 154.451 161.Oi3 I~ FINAL COST 172,747 1104 491 1124 665 195,442 120 241 114 4 I i 1 j~1 1 DATE: January 5, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council i FROM: Lloyd Y. Harrell, City Manager k 508JECT: BID# 9809 SOFT DRINKS FOR PARKS AND RECREATION FOR ONE YEAR RECOIRIENOATION: We recommend this bid be awarded to the low bidder- Coca Cola Bottling Co. at the estimated total price of $12,423.00. Sul"RY: This bid was sent to all the soft drink distributors In Denton including the soft drink vendors. We received only three bids with two replies that were unable to bid competitively. Each bidder submitted prices on like type products, therefore all bidders proposals are being considered. i BACKGROUND: Tabulation Sheet i PROGRAMS o DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation programs and recreation centers. FISCAL I1IPACT: There is no additional impact on the General Fund. Respect 'u ly submitted: Lloy . Harrell City Manager Prepared by: ameY o n Marshall, C.P.M. r,Iitle: Purchasing Agent Approved: ate; n . Marshall, C.P.M. /Purchasing Agent Yi P i F I E . i ! BID 1 1 9F19 1 COCA-COLA 1 DR, F'EFFER 1 FULL 1 I BID 1111E SOFT DR145 ANNUAL BID IBOTTLLNS CO. IBOIILING CO. SERVICE I 1 OPENED 12115107 2-.13 P,M, I I I BEVERAGE I ! s ACCOUN11 111-131-1162.0112 1 1 CO. I ! i I I ! --l------------- 1---•-•-••----l------------- 1--••--•-----•I 1 1 DTY I ITEM DESE41PI10H I VENDOR 1 VENDOR I VENDOR 1 VENDOR 1 1 1 I ! 1 I I I 1 I I I 1. 1 112 61 CANS 1 71511.10 1 7,511M 1 71601.01 1 I I I I I I ! , 2. 1 1 !RENTAL ON VENDING MACHINEI 1 I 1 1 1 ! 1 p: I 1 I ! I I I 3. 1 150 1FRE-MIX CANNISTERS 1 1,151.10 1 11201.11 1 1,125.10 1 1 I I I I ! I 125 1FD51411 CANNISIERS 1 31605.01 1 31117.11 1 31375.10 I I I I I I ! ! 1 5. 1 31 112 DI CUPS I 11215,11 1 11111.11 1 11351.11 1 1 I I I I I I 1 6. 1 1 IAOST-M11 VENDING MACHINE I 0 I 1 ! 1 I I I I I ! 1 I I I I I 1 I ! I 1 TOTAL 1 12,125.11 1 130657.11 1 13,651.11 1 I : ! ! I I i I I i I I I I 1 I ~ i i ! I I I I I 1 I I I 1 I I ! I I 1 F ,J Y . S~ ~t i DATE: January 5, 1988 CITY COUNCIL REPORT i TO: Mayor and Members of the City Council i FROM: Lloy: V. Harrell, City Manager SUBJECT: ©IDIPROPOSALS 99815 ONE MW GENERATOR UNIT 1 J RECOI4IENDATION: We recommend with the Utility Department that this be awarded to the low bid proposal of S do T Equipment Co. for $30,000.00. i I I SUMMAR'f: This unit would be used to excite and start up the various steam turbine Xnlts at the Power Plant. This unit could replace to some extent the use of battery banks. This purchase is necessary because of the frequent start up of turbine units when used as standby production. BACKGROUND: Tabulation Sheet Memorandum - Electric Production PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Electric Production and the adequate continued service to the electric utility users. FISCAL 111PACT: There is no additional impact on the General Fund. Respectfully submitted: L1 arrelI City Wager Prepared by: 4 o n J. Marshall, C.P.M. Titl Purchasing Agent Approved: r.. &A FA4 Na~:►e: ohn J. Marhshall, C.P.M. T10e: Purchasing Agent I V 1 } G; I 4 i i i 't h i 1 I 1 1 1 ~ e BID 1 1 9015 { FENSTE 1 FETROS I S 1 T 1 RU001 1 INOECh' i HAMS 1 HAYNES I 610 TITLE ONE 0 SENERATOR UNIT 1 6N I HOLDINGS 1 EQUIFNENT 1 MINE I POWER 1 CORPORATION 1 CORPORATION 1 3 OPENED 12122101 2141 F.M. 1 FDNER 1 ETD. 4 { EQUIFNENT I i ACCOUNi1 611-181-1251- Kit I INC. i I I EQUIFNENT 1 CO. 1 11 i 12 i I I 1 i CO. I 1 I I I i-------------i............. 1-•-----------i---•---------i------------- I I i I DIY I TTEN DESCRIPTION I VENDOR VENDOR 1 VENDOR i VENDOR 1 VENDER 1 VENDOR 1 VENDOR 1 I {-.....-------T---------- I 1 1 1 { 1 i i I 1 1 1 1 s,~ i 1 I 1 16E4ERATOR SET-DIESEL 1 931111.66 1 38,100.18 1 311186.11 1 63,101.11 1 161,#00.81 1 891561.16 1 195,111.16 I .1," i ; I 1 i I I I 1 I 1 1 1 I ~ I 1 1 I 1 1 1 I 1 1 1 1 1 ; i I I I I 1 I 1 I I I I I I I 1 1 1 I I 1 I I { ~ 1 I I { I 1 I i 1 1 1 I I 1 1 1 I 1 1 I ; 1 1 I I I { 1 i 1 1 ~ ~ I { I I 1 i { I i 1 1 { 1 1 I I 1 1 I 1 ~ ,;1 I I I I 1 I I 1 1 I 1 1 1 I 1 I 1 I I I i x '4 f 3 i . F , I N` i cr- u r nFNTON1 TE.X.4s CE; aF S wnMK h'il.rnC cP/cn, tt1111471 tr a✓.w(flnl!/,N:C: ~ r 1 M E N. R A N D U M i I T0: Jahn Marshall, Purchasing Agent FROM: Jerry Bellar, Operations Supervisor DATE: December 28, 1987 SUBJECT: Accepting Bid #9815 { i In refecance to bid number 9815 for a diesel powered generator (EMD-MI6 SIN 56-L-44) located in Fernandinia, Florida, we feel that we should accept this bid. t Attached is the infor~iation that pertains to this diesel generator. ;f I can be of further service, please feel free to contact me. I J~- Jerry ellar Operatio-,s Supervisor JB/sd ;L rt, { 1 J b I lE; 1111 j±j 1 5 l 1 j j l t I TT -11111 all -III L I , AII r~ 1 Y, 1 0923L`~ a, NO. 't SERVICES IN PURCHASFSNCOFFRMATERiALS, £QUIPMENTDIT SUPPLIES UN OR F FN W THE OF STATE LAW ING SUCH PURCHA ESE FROM HREQUIREMENTSSIOFS COMPETITIVE BIDS; E ANDPTPROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City In an amount exceeding $10,000 be by competitive bids, except in the case of public calaeitj where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or protet reserve public health off the citizens of the city, sin case the cit or it is of unforeseen da.age to public property, machinery or equipment; NOW, THEREFORE, s' THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: i i SECTION That the City Council hereby determines that j there s -a public calamity that makes it necessary to Act at once to appropriate money to relieve the necessity of the citiz^ns, or to preserve the property of the city, or to protect t`., public health of the citizens of the city, or to provide for unforseen damae eof,o the public propert, machinery o puchases equipment, of and materials, ther equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby apprived: Pu°CHASE AMOUNT ORDER NUMBER VENDOR 82017 GENERAL ELECTRIC CO. X520,561.00 823- 93 TARRANT SYSTEMS, INC. 129090.42 $2501 XEROX CORPORATION . 31,340.93 SECTION II. That because of such emergency, the City Manager or es gnate employee is hereby authorized to purchase the materials, equipment, supplies or services as described in A I 4 ~t r ,1 ~MM`J n V i attached purchase orders and to make payment therefore in ~'in 14 such emergency purchases being a i amounts therein sate, n state accordance w . he requfr~~ments oEacompetittiivegb such the ith Cithe ty from rovisions of purchases by SECTION III. That this ordinance shall become effective iu~mesxate y upon its passage and approval. PASSED AND APPROVED this the 3day of UARY , 198x. e i I ~ . I i 1 J CITY OF DENTON, TEXAS E j a; ATTEST: CITY Of DENTON, TEXAS APPROVED AS TO LEGAL FORM: Yxo CITY ATTORNEY CITY OF DEBRA FD DENTONA TEXAS BY: _ 1 PAGE TWO DATE: January 5, 1988 CITY COUNCIL RL•PORT i 3 TO: Mayor and Members of the City Council ` FROM: Lloyd Y. Harrell, City Manager ` f SUBJECT* EKMENCY PUR08ASE ORDER 82017 GENERAL ELECTRIC CO. We recommend this Emegency Purchase Grder to General Electric Co. RECOl4•IENDAT I4 : n e amount of $20,361.00 he approved. 1 i s Flnergency Purchase Order is for technical service to overhaul turbine SUMMAR eathi H4 in the Electric Production Plant. ; BACKGROUND. Memorandum Purchase Order PROGRAMS DEPARTIEllTS OR GROUPS AFFECTED: Electric Production FISCAL IMPACT: Budgeted Account #610-080-0251-8339 Respeetf ly submitted: U Lloy pqr.-Hareell city manager prepared by: Name: Denise Manning Title: Buyer Approved: L ame: Jo J. Kars j♦C18: Purchasing Agent F T f; CITY OF DENTON$ TEXAS TELEPHONE (817) 566-8258 PROCUCTION DIVIS101: 1701 SPENCER ROAD DENTON, TEXAS 76205 EiECTR1C M E M O R A is D U N tI I Furchasinq Agent TOf Mr. John Marshall, Acting Maintenance Supervisor ~1 FROM: Jerry Crisp, DATE1 November 13, 1987 7 SUBJECTt Cotstinued overhaul of Unit N4 e the oerh gut of .1 ElectricnTechniciaw to suenit This purchase order Gener A4 turbine with Lt t w Wjll ll ems the job. Due to the Ci?~P°b~0 completes the Ljob than originally will take more it planned. le ~ rnRr Ac aintenance Supervisor JC/sd I I l I M g ~ } DATE'. January 5, 1988 4 CITY COUNCIL __REPORT TO: Mayor and Members of the City Council , FROM: Lloyd V. Harrell, City Manager I SUBJECT: PURCHASE ORDER 0 82501 t XEROX CORPORATION We recommend this purchase order t I REC09 C op e r srat the Nunlc pai Building be approv d foro$311,540e95elre~ al of two xerox k SUflN1RYt The above amount represents the total lease/rental of $21,910.95 r the payments and maintenance over the presentlyeusedr10711 which 1090 co~6e s0areoan ubalance of the for the past four years. The above represents a drecrease or savings $31,340.93. have been inTu es two I of $1,097.13 for nine months or $1,462.84 for the year. BACKGROUND: Purchase Order Copy pROGRAl15 DEPARTI~EfITS OCROUPS AFFETED: machine at the Municipal Building. The departments using the copy FISCAL IIiPACT: There is no additional impact on the General Fund. Respectfu ly submittedt I Lloy Harrell City }tanager , Prepared by: ate; ohn J. Marshall, C.P.M. r Title` Purchasing Agent' F Approved: mts ohn J• Marshall, P.M. Tf tl`!s Purchasing Agent I r I CITY OF DENTON, TEXAS PURCHASE ORDER DENTON, TX 76201 215 E. McKINNEY ST. ~ TYPE DATEIVENDOR NO. DOCUMENT P. 0. NUMBER 82301 12/28187 C16 XER46000 SHIP T0: VENDOR: XEROX CORPORATION CENTRAL RECEIVING DA'.LAS DISTRICT 9TH FLOOR DELIVERY IN ST P.O. BOX 660501 213 E. DALLAS, TX 73266-0501 DENTONo TX TX 76201 ~l i BID NO, LINE AMOUNI ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION i Ol. 710-043-0382-8701 9 XMONTH LY PAYMENTS FOR MODEL L090 EROX COPIER BASEMENT CITY HALL 12,026.34 ` j 4,815.00 I 02. 710-043-0382-8701 9 MAINTENANCE PAYMENTS i HALL 91884.61 03. 710-043-0382-8701 9 XEROX COPIER-UPSTAIRS CITYD 90 MAINTENANCE: PAYMENTS 4,813.00 y 04, 710-043-0382-8701 4 i lF0.93 w the City of Denton, Texas Is tax exempt - House BIII No. 20. TOTAL FOR P.O. l,S aeferem 1 11.0. Number on all 811, Shipments and Involces. Wpnv.,, are F.0.8. City of Denton, or as Indlcaled. Send Invoices TO: Direct All Inquiries 10: City of Uenton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 215 E. McKinney St., Denton, TX 76201 Tom 0. Show, C.P.M. Asst. Purchasing Agent Phone 81715868223 817668.6311 D1FW Metro 267-0042 The City of Denton Is an equal opportunity employer I DATE: January 5, 1985 CITY COUNCIL REPORT i TO: Mayor and Members of the City Council ~I FROM: Lloyd V. Harrell, City Manager SUBJECT: EMERGENCY PURCHASE ORDER 082393 TARRANT SYSTEMS, INC. We recommend this purchase order he approved for payment to RECOWIENDATION: Tarrant Systems, Inc. in the amount of $12,090.42. f SUMMARY: It seems that this piece of equipment had problems and was not taken to our Vehicle Maintenance Department for repairs. Instead the dealer, Tarrant Systems was contacted by Jim Corbin to come and pick up and repair the equipment in Octcl%er. There was never a Purchase ORder issued to cover this repair by Mr. Corbin or by Vehicle Maintenance, therefore the old Invoice. Mr. Jarvis recently requested a purchase order for the emergency repairs. the repairs are over the $10,000.00 limit, j! therefore the request for belated approval. i 1f BACKGROUND: Purchase Or der Invoice l PROgMs DEPARTMENTS OR GRWPS AFFECTED: Vehicle Maintenance, Street Department and the use of the equipment. FISCAL 11TACT, There is no additional Impact on the General Fund. Respectfully submitted: L1 yd Harrell City Manager Prepared by: ehie: Jo n J. Marshall, ..P.M. Ti tie: Purchasing Agent Approved: 1!! . ame's, Purchasing Agent, C.P.M. Title: Purchasing Agent b:r I CITY OF DENTON, TEXAS PURCHASE ORDER 0 E NTO N, TX 78201 401-8 TEXAS STREET P. O, NUMBER DATJIXF/t `iOf~f~O, 514 DOCUME14T TYE 82393 TARSJ000 4 j VENDOR CITY HI ~FPOrtNTON nux5310 SYSTEMS INC* EGUIPMENT SERVICES f1UX 537 ~ PT• wORTHs TEXAS 76108 804 TEXAS STREET OENTON. TX 76201 I i I ITEM ACCOUNTNUMBER UNITBNUMBER DESCRIPTION BIDNO, LINEAMOUN' I 01 710 025 0580,8710 1 REBUILD VACUUM/SUCTION•wATER 4.580.91 SPRAY SYSTEM 2890 03 710 025 5 0580 871 0 688.40 U7. 710 0280 8710 1 REPAIR INJECTOR PUMP MTG STUD 04 710 025 0580 8710 1 ENGINE REPAIRS 12890 69821.11 I I I T11TAL FCR P•0• 120090.42[ The City of Donlon, Taxes le taxexemPI-House BIII No.20. Referenco P.O. Number on all BIL, Shipments and Invoices, Shlpmoid.1 ero P.O, B. Clty of Denton, ores Indicated, By Bend Involoes TO: Direct Inquiries TO: City of Denton, Accounts Payable John J, Marshall, 0. P. M. PurcheslnQ Agent 216 E. McKinney Bt., Denton, TX 76201 Tom 0. Shaw, C. P. M. Asst, Purchasing Agent (of is Indlcsted on Purchase Ords4 8171666-8911 DIFW Metro 267-0042 The City of Denton Is an equal opportunity employer I h I TARRANT SYSTEMS, INC. l ;'Y~ ~IIC, G0 Dam 5370 eon NbM, Total TBIQe 'O BOX S3?0 1111 WORTK TEXAS 1E10S W1 al Vol! S PACE. 1 PACE 1 o CITY OF DENTON S CITY OF DENTON L w CITY OF DENTON l D 215 Es KINNEY P 804 TEXAS STREET C I GE II T DENTON# T% 16201 0 T DENTON# TX 76201 0 OATS Q4.EdMAN ORDER Na ORDER CATIE 8101 OVA TERMS 10/27/87 19 J,CORBIN 10/08/81 TSI NE1'/ 3{I 1755 IG/27/87 1755 f RAVO 4000 UNIT 2890 f 1G/23/81 THRU 10/27/87 REBUILD VACUUM/SUCTION SISTEM fl WATERSPRAY SYSTe I' AS FOLLONSE REPLACE BLf7N- f ERiREPLACE SUCTION TUBE PLEASE DETACHHERE ASSEMBLY & INSPECTION HA- AND PET URN WITH TCH ASSEMSLY,RE'PLACE SUC- YOUR PAYMENT TION NOZZLE ASSEMBLYIREP- LACE FRONT FLAP CABLE AND `,JJ FLAP GUIDING HOUSING AND SEARING ASSEMBLYTREPLACE HOPPER ENTRY CASKET AND MOUNTING HARDWARE,ADJUST NOZZLE AND FLAP FOR PRO- PER GROUND CLEARANCE, REPAIR BROKEN SPRAY BAR, REPLACE ALL 18 WATERSPRAY NOZZLES (ORIFICES HAD SEEN DRILLED DUT),REPLACE BROKEN FILTER SCREEN, EX- TRACT BROKEN PIECES FROM SCREEN HOUSIN09TEST VACU- UM/SUCTION SYBTEMS, TEST hh{ PLEASE RE IT TO 3822 N,GR VE#FT,NORTHTTX 76106 I' NONTAXABLE tAXABLE A S LES TA% FREIGHT MISCELLANEOUS i i` I ~l f "Tchrraritc&slem TARRANT SYSTEMS, INC. inc. Po Sam 5370 0 BOX 6370 Foil "p k.a4 16106 } ORJ WOWK TtXAS 76106 11 JI 7610}07 S FACE 2 PACE 2 CITY OF DENTON S D 215 E4 KINNEY H CITY OF' DENTON v 804 TEXAS STREET CITY OF DENTON T DENTON~ TX 76201 0 T UENTONT TX 76201 CIDE 0 DAM SALESMAN ORDER NO. ORDER DATE 9 SMPPFD IAA TERMS INVdCE N0. i ■ 'I r ~ S ~ i f WATERSPRAY SYSTEM. CLEAN DIRT BUILDUP FROM UNDER MAT 6 OIL COOLING CAVITY AT TOP OF' MACHINE? TEST 1 1 C SWEEP [WIT. 16HRB 9 wmR 4040050 FAN HR 60.CIr}C' 560.00 PLEASE DETACH HERE EA 9L5,190 915, 19 AND RETURN WITH i 1 408100(1 SUCTION PIPE EA 957.710 957 21 YOURPAYMENT 1 4081011 INSPECTION COVER EA 1004860 l0018b 1 1 4081005 ELBOW r 4081[20 LOCKING DEV EA ''45'600 545.60 37 1 1 4080010'LINATEX PLATE EA 151060 15.06 37 4330625 SCREWS EA 561391,1 $6'39 37 7 1 4010011 EX CASKET EA 1130 4481 37 4300600 NUTS EA 21980 2498 13 13 C EA 1070 174 1 1 4240030 SPRAY NOZZLES EA 8.690 112.97 2 1 4020080 WATER LTER EA 4180105 8HUTOF VALVE EA 441540 49.34 p{ 24 4180602 REDUCER BUSHING EA 101360 27472 433051$ SCREWS 30580 7.16 24 24 4300500 NUTS EA '1jf7 2.40 15 15 43(106CKJ NUTS EA 020 448 i 1S 15 4330625 SCREWS EA 1i020 436 1 1 4216140 kUFIBER PLATE EA 1130 1495 EA 10.1;1611 10406 1 PLEASE RE IT TO 3822 N1GR VE7FT4WORTH7TX 76106 _ NONTAXABLE TAXABLE WI$TAX fAEIOHT MfSCELLANEOUS j s i 1 r~ ~i t' I N I r l sl TAR RANT SYSTEMS, INC. v0 Boo 570 Trrant System iM WPM, to K3e 18 SOB s, Inc. '.O Box "70 - - ORTwoRTnTEXAS ?aloe 1111"l-2102 PAGE 3 PACE 3 k G CITY OF DENTON H CITY OF DENTON CITY OF DENT04 Il 0 215 Eo KINNEY P 804 TEXAS STREET CIDE ` T DENTON# TX 76201 T DENTONp TX 76201 0 0 DALE SALESMAN ORDER NO. d1OER DAL[ SHIPPED NA TERMS INVOICE NO. 10/27/87 19 JaCORBIN 10/08/87 TS] NEI'/ 31) 1155 10/21/8 1755 i 1 1 4241125 HOUSE FLAP GUIDIC EA 749,350 61025 ! 1 1 C 4240010 RING GUIDE SLEEVE EA 49 35 1 1 4241141 SUCTION HEAD EA 1105 17 8 43206'5 SCREWS EA .72 REFS SWO 446 PLEASE DETACH HERE AND RETURN WITH j YOUAPAYMENT I k i PLEASE RE IT TO 3822 N*GR VE#FTiWORTHiTII 76106 NON TAXABLE TAXABLE SALES TAX fREIGHT MISCELLANEOUS j 00 4580x91 4580.91 k 0-80691 .00 8 aa .60 k I it } I N I TARRANT SYSTEMS, INC. ~I 1, 0 Bo, 6,110 Tat 116.41, kaaf 16106 l 'farranl Systems, inc. 0 BO%5310 OAT WORTR TEXAS 1610e PAGE 1 PACE 1 'tt 1176T910t S ° CITY OF DENTON w CITY OF DENTON CITY OF DENTON E` 0 215 Ea KINNEY j 604 TEXAS STREET CIDE ` t DENTONF T% 76201 Nov 3 RWENTONs T% 76201 f DATE BALE SWAN ORDER NO. ORDER DATE 19MPPE0 VIA TERMS INVOKE NO. 10/2j/87 19 J4CORBIN 09/24/67 TS1 NET/ 30 1765 10/27/87 1765 9/24/87 MECHANIC TRAVELTO f DENTON TO REPAIR BROKEN 1 INJECTOR PUMP MOUNTING 4 STUDa REMOVE INJECTOR PU- MP FUEL LINESIREMOVE 11JJ- PLEASE DETACH HERE ECTOR PUMPIEXTRACT BROKEN AND RETURN WITH 1 1 STUD, 4,7SHRS 9 $35/HR HR, 166.250 166,25 YOURPAYMENT 9/25/87iMECHANIC TRAVELTO DENTON TO FINISH STUD EX- EXTRACTIONIREINSTALL INJ- ECTOR PUMPITEST RUN UNIT 1 1 6a7SHRS 9 $35/HR HRa 236#250 236,25 1 1 16043924 BOLT & WASHER EA, ,1140 ,64 9/30/870ECHANIC TRAVEL TO DENTON TO REBUILD LEAK INC FUEL PUMP 1 1 445HR5 A •35/HR HR 1661250 166,25 1 1 9924369 DIAPHRAM EA# 11,89il 11x89 1 1 9924918 UPPERBODY EA, 13,090 13009 1 1 C 4661301 GASKET EA, 2.070 2407 LO/01/8?tMECHANIC TRAVEL REPLACE TO LEAK PLEASE RE IT TO 3822 N4GR VEIFTaWORTHITX 7b106 ` NON IAXABLE TAXABLE SALES TAX FREIGHT MISCELLANEOUS I t TARRANT SYSTEMS, INC. Po Sol 5}7D 1 , fw NMT. Tl1A! 701Q6 Tarrant Systems, Inc. 'o BOX S37D CRT WORTK TE MAS 76100 PAGE 2 PAGE 7 It?) 9014102 o CITY OF DENTON H CITY OF DENTON CITY OF DENTON 0 215 E. KINNEY n 004 TEXAS STREET CIL1E T DENTON, TX 76201 T DENTONi TX /6201 o C DATE BKESIMN ORDER No. ORDER DATE Btomo NA TERMS "VOICE No. , 10/2 /87 19 JIC IN 01?/ 24/87 TS1 NET/ 30 176• 0127167 6 E ING FUEL PUMP DAMPER7CHE- CK MACHINE FOR FURTHER 1 I 1 1 LEAKSo 2HRS 9 035/HR HR 7u000 T0:00 1 1 i 4660003 DAMPER EAo 21x960 21.96 I RAVO 4000 STREET SNEEPER PLEASE DETACH Ht RE REF1 SWO 446 AND RETURN WITH YOURPAYMENT i jl 1 I j PLEASE RE IT TO 3822 NsCR VEfFT1WORTHiTX 76106 E _ NON TAXABLE TAXABLE SALES TAX fREIGH_T MISCELLANEOUS 68840 400 .00 $i10 .00 688.40 688x40 1 i, l I I I 1 TARRANT SYSTEMS INC. f Po . Bo. SJtO 1 ian WoM, TeatstOB Inc . TTarranlSyyslemtm . ' o. BOX SJro 1 ' 'x+rwoRTllTExutulae PACE 1 PAGE ~ttlzs191DZ ° CITY OF DENTQN S CITY OF DENTON CITY OF DENTON 0 215 E. KINNEY n 804 TEXAS STREET CITE T DENTONF TX 76201 T DENTONF TX 76201 o G DATE SALESMAN ORDER NO. ORDER DATE SHIPPED NA TERMS INVOICE NO. E SG/2 /87 19 J6LORBIN 10/27/81 TSI NET/ 30 1166 10/27/81 1766 RAVO 4000 UNIT* 2890 I 10/8/87 THRU 1(1/21/67 f MECHANIC TRAVEL TO DENTDN TO TRANSPORT RAVO 4000 TO ~I FTI WORTH TO CORRECT SEV- PLEASE DETACHHERE ERE ENGINE KNOCKIHARMONIC AND RETURN WITH BALANCER HUB LOOSENED ON YOURPAYMENT CRANKSHAFT--RUINED THREA- DING AT MOUNTING END OF CRANKSHAFT--CRANKS)iAFT CO NOT REBUILDABLEiPULL CAR- DON JOINT PUMP TO ENGINE COUPLING AND INSPECT--OKT DRAIN & REMOVE RADIATORP f REMOVE ENCINETREBUILD LO- i WER END OF ENGINE AS FOL- E LOWSIREPLACE ALL MAIN BE- ARINGS)REPLACE ALL CONNE- CTING ROD BEARINCSFREPLA- I CE CRANKSHAFTFREINSTALL OIL PAN W/NEW CA9KETSt REPLACE ENGINE IN UNITs € 1 REPLACE RADIATOR IN UNIT fi FILL RADIATOR W/NEW ANTI- . i I PLEASE RE IT TO 3822 N,GR VEFFTsWORTH)TX 76106 NON TAY.ABLE TAXABLE SALESTAX FREIGHT MISCEIlANEOU! L~Lj I f i milk TARRA NT ~ SYSTEMS, INC. Tclrralll Systems, inc. fw Worth, TOM 76106 0 Box wo IO1Rn261-9mTExASTBloe PAGE 2 PAGE 2 I s 0 CITY OF DENTON x CITY OF DENTON CITY OF DENTON 0 215 E. KINNEY v 804 TEXAS STREET CIDE T DENTONp TX 76201 T DENTON# TX 76201 0 0 DATE EAJ ESAIAN ORDER N0. ORDER DATE BIIIDCEO VLA TERMS INVOICE NO 10/21./87 19 JICORS N 0/21/87 TS1 NET/ 30 1766 10/27/8 1766 I I FREEZEsDISCONNECT HYDRA- ' ULIC LINES FROM PUMP AND CHECK FOR FREE MOVEMENTS } PUMP WAS SEIZED--REMOVE b t` INSPECTtPUMP INTERNAL GE- ARING COMPLETELY STRIPPED ALL PISTONS SNAPPED AT AND RETURN WITH CONNECTING RODSs NOT RE- YOUR PAYMENT BUILDABLEIREPLACE PUMP DRAIN 6 FLUSH COMPLETE HYDRAULIC SYSTEM 6 TRANS- AXLE•REPLACE HYDRAULIC FILTERS & TRANSAXLEFtLTER REFILL SYSTEM W/NEW HYD- RAULIC OIL.CRANK ENGINE, TEST RUNTSET GOVERNOR ADJ USTMENTSpTURN ON MACHINE BLOWERFTES7 RUN UNDERLOAD 1 1 83HAB 4 135/HR HR. 2905.000 2905000 RAVO FACTORY FIELD SER- VICE TECHNICIAN 35.75HRS HR. 1000 600 1 1 f 4601464 CASKET EA 66810 6x81 1 l 4602157 GASKET EA 10.370 10.37 1 1 f 4031571 CASKET EA 4.120 4.12 i 1 PLEASE PE IT TO 3822 NsGR VE#FTIWORTHFTX 76106 NON TAMABLE TAxABLE SALES TAX FREIGHT MISCELLANEOUS I i I ,I i 4 Y 1 TARRANT SYSTEMS, INC. P.0 Boy 5770 F Xl WP6+, Te.n 76106 5" T1 rant Systems, Inc. o.BO%ui9 PAGE 3 'DRS WORTR TEXAS 70; FACE 3 ` 917) 7619107 If! S N CITY OF DENTON CITY OF DENTON CITY OF DENTON + 804 TEXAS STREET C1DE 0 215 E. KINNEY Y T DENTON# TX 76201 T DENTON7 TX 76201 0 0 TERMS WVOICE NO. DATE SALESMAN ORDER NO. ORDER DATE 6W MO M 1 e 766 ~ 7 9 3, Inliftill ,10 / 21/ 7 TSI N/ 30 1766 10/27/11 IN 4600753 GASKET EA 12.600 12160 1 1 4010011 EX CASKET EA 1010780 1010.77 n 4785102 f 2.98 1 1 CRANKSHAFT 1 f 1901377 HLFRNGEA. 18.710 18.71 Y 1 1 C 4655643 HUB EA 145.160 145.16 PLEASEDETACHHERE 1 1 4600189 NUT EA 29.90!1 29'90 AND RETURN WITH 1 1 1,330 YOUR PAYMENT 1 1 4600190 LOCKPLATE EA .330 1.33 1 1 4601638 GASKET EA 4'740 4'74 1 1 4600875 OIL FILTER EA 14.520 14052 1 1 4010352 CASING EA 83.140 83.14 1 1 4000011 CASKET EA 41140 4.14 1 1 C 4607639 GASKET EA 4.730 4x73 1 1 4601463 CASKET EA 6.810 6481 1 1 4657434 GASKET EA 3.174 3417 1 L 40003801 MAIN BEAL EA 32.840 32484 1 1 { 40002811 REAR SEAL EA 40.620 40.62 y y 1901803 MAIN BEARINGS EA 9.614 48103 1. 4 4 1901609 CONNECTOR NEARING EA 12.1G0 4840 2 2 10 W 40 ENGINE OIL CAL 10.900 21x80 1 1 4060080 HYDROPUMP EA 2057x340 2057x34 1 1 4060062 FILTER EA 65,070 6507 1 1 0 4010222 HYDROFILTER EA 21.490 21s49 19 19 HYDRAULIC OIL GAL 3.500 664 50 TRANSPORT CITY UNIT FROM PLEASE RE IT TO 3822 N.GR VEpFT.WORTHpTX 76106 NON TA%A9lE TAXABLE SALES TAX 1 1 1 15F I I I s ~ TARRANr SYSTEMS INC. f R o eo. PTO 6 Tad &,ti, h» 76106 Tarrant Systems. Inc. ,0-sox S370 FACE 4 PAGE 4 OAT WORM TEXAS ?6108 h?I a61 .910t o CITY OF DENTON H CITY OF DENTON CITY OF DENTON E t 804 TEXAS STREET C1DE O 215 Es KINNEY T DENTON# TX 76201 T DENTONI TX 76201 0 0 V%A TERMS INVOICE N0. 1 DAIS SALEMMN F-cj'4 DER NODAT! E111PPE0 NET/ 30 J1766 SLI/27/B7 176b 10/27/81 19 CO7/87 TSJ i~ i 1DENTON-FTW-DENTON FAT 1500000 15000 1 1 USE OF LOANER MACHINE EA 000 '00 f PLEASE DETACH HERE AND RETURN WITH YOURPAYMENT 4 r 1 i PLEASE RE IT TO 3822 NsGR VEPFT~WORTHpTX 76106 ~i NON tA%ASLE TA%ASt6l- SALES TAX FREIGHT MISCELLANEOUS o 00 ,00 be2s.ls 6B21.s1 6821.11 go w ~ r i 1. i 1 ~4 ,y 1 I a~ f, r 4 I 0923L C i NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A BETW ' F CON ORTA 1NCREASEENINHTHEICONTORACTNPRICE,id AND PROVOIDIONG7AN CEFFFECTIVE S DATE. the City awarded a contract I WHEREAS, on Februar L1 1987 for the construction of certain mprovements to the City's dater LJ -N Treatment Plant Project= and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract and said change order being in compliance with the requirements of art, i 2368a, V.A.C.S.J NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: the amount of the SECTION I. That the change orderincreasing contract between the City and en ano i in the amount of , a ccPYLUL o c s attache etcents ($12,979.25 five e r o , s here y approve . SECTION it. That this ordinance' shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 5 day of ~jANUARY r 1988. i RAY STEP MO MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i (l f I y DATE: January 5, 1988 CITY COUNCIL. REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CHANGE ORDERS 0 5, 7, 8 - TONTO CONSTRUCTION { B1D# 9657 WATER TREATMENT PLANT UPGRADE PHASE fl s RECO12-TE3DATION: These change orders above are recommended to be approved by the staff and the Public Utilities Board. SUMMARY. The change orders are explained in full on the attached and represent only a small percentage of the overall contract price. These change orders I when approved will be paid from our purchase order 881945. The total cost of the three change orders is $12,978,25. BACKGROUND: Detailed information on each change order with the information ! rom t e ecember 16, 1987 Utility Advisory Board Meeting and Mr, R.E. Nelson, Executive Director of Utilities. i PROGRAlfS, DEPARTMENTS OR GROUPS AFFECTED: i City of Denton Utilities Water Expansion Project. FISCAL 11TPACT: There is no additional impact on the General Fund. Respectfully submitted: oy Y. Harrell City Manager Prepared by: 4 1 me: -J WK C.P.M. l TItl9: -Purchasing Agent r Approved: k *M11ohn , J. Marshall, C.P.M. Title: Purchasing Agent h ' { F f January 1987 CITY COUNCIL AGENDA ITEM i T0: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager RE; CONSIDER CHANGE ORDERS 05, 17, $ 18, DENTON WATER TREATMENT PLA14T UPGRADE PHASE II, IN THE AMOUNT OF $12,978.25. RECOMMENDATION: I! The Public Utilities Board, at their meeting of December 16, 1987, recommended to the City Council approval of Change Order NS9 170 6 18. BACKGROUND: Change Order 15 is to relocate power panel "PA" and to change all the grating from aluminum to fiberglass. Power panel "PA" is being relocated from room 211 to the level. mezzanine Relocating Construction will better utilize power r avpanel ailable submitted e and Twill result in a price reduction. Changing the grating from aluminum to fiberglass will provide for greater resistance to corrosion caused by exposure to chemical substance. Fiberglass was not originally specified because aluminum had been used in the past. Change Order 17 is for revising the roof drain system. This is required because the existing construction materials indicated on j the as~built drawings were not as thick as those actually used. In order to insure proper roof drainage, the drains were increased from three to four and relocated. This also requires 1 an increase in the amount of piping used. Change Order 18 is for five miscellaneous items and for adding { clean out unions on certain chemical lines. The miscellaneous i items are necessary to accomodate various changes in field conditions determined during demolition of the existing facilities. ! These include adding three (3) 24" x 24" Milco style "Kr' doors in the ceiling of the chemical building, modifying the backflow preventer vault, deleting the raw water sample pump, revising the test procedures for the Allis•Chalmers pump, and deleting the 2" vacuum breaker from the sodium hydroxide tank. J 1 Page 2 i i Unions and flange bolt connections are needed on the sodium hydroxide, ferric sulfate, flouride, and potassium permanganate lines to provide access points for cleaning. The use of wyes, crosses and tees is prohibited because of limited space in the ceiling area and interference wi.h other lines. Quick disconnects in the heat tracing syste. will also be required at each union. SUMMARY: The City Council awarded the contract to Tonto Construction, Inc. on February 17, 1987; in the amount of $3,592,000. With the revious change orders of $54,857.56 and these change orders for 129978.259 we now have a revised contract amount of $3,659,835.819 and a new completion date of July 5, 1988. Overall percent of change order is only 1.89% which is excellent. Most projects run from 3 to S1. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: x City of Denton, Denton Municipal Utilities, Freese f, Nichols Inc., Tonto Construction, Inc., and the Citizens. FISCAL IMPACT: Budgeted Amount $4,000,000.00 Original Contract Amount 3,592,000.00 Change Orders Prior to this Date 54 857.56 Current Contract Amount $'~'aa33 Change Order N5 $1,253.85 Change Order 07 3,204.25 Change Order 18 81520 ..IS Revised Contract Amount $3 9 6S9 835.81 Total Amount of Change Orders $67,835.81 to this Date Change Orders as a Percent 1.891 of the Original Contract Amount Original Completion Date: June 13, 1988 Change in Time Due to Previous Change Orders: 16 Days j Change in Time Due to Change Orders 1'S, N7, E 08: 6 Days Revised Completion Date: July 5, 1988 r e Page 3 t s Respectfully submitted, r nager Prepared by: t or C. David [lam, Director Water/Wastewater Utilities t Approved by: R. E. Nelson, xecut ve rector Department of Utilities Exhibit I Change Orders 15, 07 F N8 PUB Minutes of December 16, 1987 f ' f j S I St35U:1.3 i M1 I f I CMG8 OR EXM VORK ORDER " ' PROJECT: Denton water Treatment Plant Upgrade - Phase 2 ConTPACT: No. 9657 OwNsRS City of Denton, Texas CONTRACTOR: Tonto Construction Co. CXANOE ORDER NO.: Five (5) DATE: September 14, 1987 CaUME OR EXTRA UORX TO as PUFORM 1. Relocate power panel "PA" from room 711 to the mezzanine level of N the shop as shown in the attached revision of Sheet 72. { Amount to be credited $1,408.98 2. Chanae all grstina on the project from Aluminum to fiberglass grating as described in the attached specification Section 06700 NISCELLANEOU3 MOOD, PLASTIC, AND FIBERGLASS. i Amount to be Added $2,662.83 I l rho compensation agreed upon in this Change or axtre Mork Order is a full, cesplete and final payment for all costs the Cuneractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforsesa at this time, including without , limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change or Extra work order. E I i Previous Contract Amount S 3,617,053.42 Net Increase in Contract Amount 1,253.85 Revised Contract Amount $ 3,618,309.27 Net Change in Contract Time of Completion No Change Revised contract time of completion June 29, 1988 1 Recommended by Approved by OWNER FRSESS AND NICHOLS, INC. By By ADprovsd y CONTRA R By 71 VIr111 I I I 7 I i1 N CWGB OR Bxril NORM ORDER F P1tOJEG"f. No.t9657ater Treatment plant upgrade - phase corrRACT: Texas OMNER; City of Denton, COlrl'RACTOR: Tonto Construction CO•DATE: November 9, 190 CHAgOS ORDER NO.: Seven (71 I CHANGE OR EXTRA WORK TO BS PERFORMED 1 1 Modify the root drain system for the operations building Z f ! as shown on the a.tached drawings. Amount to be Added S 3,204.25 i I I The compensation agreed upon in this Chance or Sxtra Work Order is a full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen . unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change or Extra work Order. Previous contract Amount g 3,646,111.41 101.15 Net racrease in Contract Amount x, g 3.651,215.25 Revised Contract Amount Change Net chance is Contract Time of Completion No June 19, ance Revised contract time of completion 1988 ( Recommended by. Approved by OWNSR FREESE AND NICHUS, INC. BY By Approved by/C~OHT TOR i 1 I ~f CWGE OR EAU VORX ORDER PROJECT: Denton Water Treatment Plant Upgrade - Phase 2 CONTRACT: No. 9657 OWNER. City of Denton, Texas CONTRACTOR: Tonto Construction Co. CHANGE ORDER NO.: Sight 181 DATE: November 17, 1987 CHANGE OR EXTRA YORK TO BE PERFORMED 1. Furnish and install three (3) 24" x 24" Nilco style "K" access doors in the ceiling of the chemical building. Amount to be added S 300.00 i 2. Modify backflow preventer vault and installation of backflow preventer.as shown on attached copy of revised sheet C8-1- Amount to be added $ 1,572.85 Days to be added 3 3. Delete raw water sample pump. Amount to be credited S 361.00 4. Revise test procedures for the Allis-Chalmers horizontal split-case pumping unit to have manufacturer witna a pump test and provide certified test curves for approval prior to shipping pump. Test is to be Performed with a factory calibrated test motor. Amount to ce credited S 500.00 5. Delete 2 vacuum breaker from the dilution water line of the sodium hydroxide tank. Amount to be credited $ 175.00 I ' I 1 I i M` f :i , i N I 6. Add unions, flange bolt connections and quick disconnects in heat tracing on chemical lines for sodium hydroxide, ferric sulfate, fluoride, and potassium permanganate at bends as follows: Union/Flange Site Number Unit Price Amount 4 inch 19 73.19 S 1,390.61 2 inch 44 46.69 2,063.16 1-1/2 inch 61 42.16 2,571.71. 1 inch 5 35.57 177.85 Quick Disconnects 26 56,92 1,479.91. Amount to be added $7,683.30 Days to be added 3 i l ! Tne compensation acirted upon in this Cnanas or Extra work Order is a full, complete and final payment for all costs the Coneraecor may incur as a result of or relating to this chance Phether said costs are known. unknown, foreseen or unforseen at tnis time, including without limitation, any cost for delay, extended overhrad, ripply or impact cost, or any other effect on ehanaed or unchanged work as a result of this Chance or Extra Work Order. Previous contract Amount 3 3.651,315.6b Net Increase in Contract Amount 8.520.15 Revised Contract Amount S 3,b5i,~fd5.b1 Net Change in Contract Time of Completion b days Revised contract time of completion J-11y 19a8 Recommended by Approved by FREESE AND NICHOLS, INC. TONTO CONSTRUC N INC. By BY Date <v ~af e Approved by CITY OF DENTON - Date . e , i PAGE I I l EXCERPT PUBLIC UTILITIES BOARD MINUTES December 16, 1987 E 6. CONSIDER CHANGE ORDER 54 7, 6 8, DENTON WATER TREATMENT PLANT UPGRADE - PHASE 11, IN THE AMOUNT OF $12,978.25. Ham presented this item with a short review of the change order requirements. Chew made a motion to recommend to the City r Council approval of this change order. Second by LeForte, all ayes, no nays, motion carried. I i i I { i t i Y i i 'Y }`X,{~.. R lf> Ik f 1= L 33 J-" -win I I I mi. I Ing I 2072L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 24-6(e)(12) OF CHAPTER 24 OF THE CODE OF ORDINANCES BY REDEFINING THE LOAD LIMITS ON LOCUST STREET BETWEEN SHERMAN DRIVE AND F.M. 2164 PROVIDING FOR A MAXIMUM PE14ALTY OF $500 AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION I. That Section 24-67(e)(12) of Chapter 24 of the Code of ordinances of the city of Denton, Texas, is hereby amended to read as follows: Section 24-67(e). Truck routes designated. j (12) Locust street from Eagle Drive north to Sherman Drive and Locust Street from F.M. 2164 to the north city limits. SECTION 11. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor punishable ; by a fine not exceeding Five Hundred Dollars ($500.00). 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. f SECTION III. That this ordinance shall become effective fourteen ays 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 I (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1987. RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS# CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I BYt T i ~ T I To: Citizens Traffic Safety Suppvt Conisston City of Denton, Texas Fro: North Locust Neighborhood Association Subject: Prepared for presentation at setting, 14 September 1497 in city Council noting Room at 5:30 P.M. North Locust Neighborhood Association is composed of hwQ11nmr6 and The 1 ) nton, Texas on or adjacent to North locust Street from interestntedreecrth Locust at of 1ens Of Iman Drive north to 9t its Ntghway 2161. She following its i i its re a ovmrvleS of same of the traffic problems within the 2000 to 290o blocks of North Locust Street! Existing Problems: 1, Existing truck routing through this single-fatly rmsidental district of blocks 2000-29oo has created a major conflict of land uses, North Locust street is not a federal, state or county r. road but a City of Denton street. 2. Safety is a major concern for both automobile users in this veer as well As pedestrian users along sidmwalke oo bath side of the street. i 3. Street wear and bur is substantially increased due to heavy truck users, 4, tkjor noise problem is created by truck traffic in late evening hours and early awning hours. 5. Speed limit is continually violated by both through truck traffic and throw automobile traffle. W petition the commission to recommend to the City Council the following solutime' 1. Violate all truck traffic of vehicles weighing 12,000 lbs. and over from using N. Locust from blocks 2000 to 2900. Alternate truck routing is provided by Business US 77 ON block west to Elm Street a east along ` state road 429 on Sherw+ Drive. 2. Establish a seximum speed limit of 30 m.p.h. Along N. Locust street. 3, it is further suggeeted that the overall transportation network for usesado-eesmd projected tet future land carefully existing land i uses h and city of considering I~ I P' 46. k CITY OF DENTON TRANSPORTATION ENGINEERING We, the undersigned, owners of property along the street named below, respectfully request that the Citizen's Traffic Safety Support Commission recommend, and that the City Council authorize the removal of truck route designation on said named street. We understand that the circulation of this petition shall be the responsibility of the initiator of the petition and the City shall not be involved in the circulation process. We further understand thati i9 a. The petition may cover not less than one full block length, and each side of the street must be considered separately b. Every attempt must be made to obtain the signatures of 100% of the property owners affectedl c. Eighty percent {BG~) of the property owners affected must sign the petition in favor of the proposed change in order for the petition to be accepted d. The lack of a signature to represent a particular lot will be counted as a vote against the petitions it e. In determining the number of lots affected, the lots shown on the file plat for the subdivision will be r. used and whether a lot Is occupied or not will not affect the total lot count. w rr 1t t i i ti i ~ 4 0 I N t a STREET NAME North Locust SIOCT(S) NUMBER 2000 through 2800 (Sherma_n Viva to FM 2164) ! X EAST SIDE ( } i NORTH SIDE ( } SOUTH SIDE ( } WEST SIDE ( e II N ADDRESS FOR AGA ST C DA i i .I ,r Jl ~n'f w ~My ~ m X 5 Ai I A, A~~~ O ~C 7 7 •AllI 9> Y :'11111' 11114-- llllllx_~ ' X411 ~ - s ~ :off J ~ 1111/811111 i::5' x f i s STREET NAME North Locust BhOCK(S) NUMBER 2000 through 2800 (Sherman Drive to FM 2164) NORTH SIDE ( ) SOUTH SIDE ) WEST SIDE (X) EAST SIDE ( ) haC eufiQ Rt~.e~O b T ~ DATE NAME ADDRESS FOR AGAINST And I r ALM ` 0 ALI" / 21 3 or PS G? f~ R 01 ore V w r y-~L 23 84 On f-l 7 zno.~ ~C t l a 1 STREET NAME North Locust 5 BLOCK(S) NUMER 2000 through 2800 (Sherman Frive to FM 21L ,NORTH SIDE ( ) SOUTH SIDE WEST SIDE ( ) EAST SIDE 00 DATE J. NAME ADDRESS ptWM~ AGAINST s~ yz l GAL- y •~~zr ~d .V to ~ ~.,s7 x 'j , i SL2 IDS W22, Z y 2U OC D~ 5 W N1 ' ! irrrrs~/G, 2~s~tr N ~.uc.N x n~~._-- a so 0 7•x4 - ~ 176 ?3~ ~ .2`5v X r cw X f r i I a. I N j i % MAP NOT DRAWN 1 '~•.j~ SCALE r• . f !11 tll ITV ' V I 'I••1 L.J W.•.uNr~NUNO . Q i I. If N M• • . r CLASS CO, VPD IN 30~ fff POD 12 and over TH0R HFAft B PLAN ~!r!r! P6D 45 2010: (basic network) P U 20 M4U is f i F i 1 I . page I of 6 pages ! ' F. j ITEM 04 REQUEST TFOk THE USE OF SPUD B S - Jj0QINGBIRL LANI: j KAM Williams of 0235 Mockingbird Lane, has ff r1Qdebted the use of speed bumps to check speeding on k the above named section of Mockingbird. ` Due to problems with liability, staff has not considered the use of speed bumps to control speeding I on City streets. Rather, we have considered the use of All-bay SIOP signs if warrants are met. Staft conducted traffic counts and radar speed surveys at the intersection of Mockingbird and Bob-O-Link. Results of~ the traffic counts indicated that the intersection, as of now, does not meet warrants for C All-tray STOPS. Though speeds of up to 56 miles per hour were recorded, the average speed on Mockingbird was 32,6 mph. the legal speed limit is 30 ■ph. This does not suggest a serious problem of over-speeding. This type of occasional over speeding is not an i isolated incident. Nobody likes it, but it happens { at any other intersection in town and it is the duty of law entorcement otficials to apprehend those truant drivers. btaft noes nut recownend the use of All-hay Scup to control spetfoink at tries intersection. l101 R5 KL~ULSI L1.1 .i-.1 ILL ihUr:N 1KArFIC uN \Uklli LuLL,: Stnlr bl inL vi rrr Lur.Lbl NE hEuF 1(iU' A,sbuCIA LV: : Tire Nurtil 1.ocubL Nei8hbonccoo Assuciation i~ 1 requesting rem ural Qt truck trattic to vehicles r welgning over lc,uuu pounds on North Locust street between Sherman Lrive and Far 21o4. In the attacheii petition, they have listea existing problems tnat have prompted this request. ` the City of Lenton has no true north-south arterial. At the present, him street and Locust street j partially tultill tnat role. It Carroll boulevard could be widened and extended further north to the City limits, it would be an ideal north-south thoroughfare. but neighborhoods wo,ild not allow that. Also for the same reason, City staff in the past has proposed rerouting the section of bell Avenue that cuts through 1WU and/or widening the portion between Untrersity Drive and Sherman Drive so Bell could function effectiveiy as a north-south route that teecis into North Locust. Inat did not go through either, due to strong neighborhood opposition. The end result of these neighborhood resistances is Limited growth and limited development a necessary condition for gradual decay of the interior of the City. r a E C page 3 of 6 pages Removing truck traffic from this section of North Locust now may not have any immediate adverse impact.., traffic because the volume of truck traffic in city area is not that significant. But since the c y immediate alternative is diverting truck traffic on Locust to Elm by way of Fit 2164 and Sherman Drive, we are looking at a major traffic problem in the very near future. The texas Instrument plant will be operational by summer of next year and Lake Ray both swing heavy within Robyeretas will be traffic generatorsi.ple These i are full of Another consideration is that even though the portion of North him between It hstill hase moalld V14 2L64 is re residential zoned "Mixed Use", , flavor to it than anything else. The issue the~hem I whether it is fair to completely deny residential tranquility while preserving that of another neighborhood. When the Loop 288 extension project has reached 135, it will take some pressure late 11988e since bid until take a off I the second t secarea. ut tion will s not that may I Most empty trucx-traiier cowoinatious weigh less Lien iz,uuu pounds, yet tlley' C011SOCULe the same nuisdlice as a fLI11% l~adc l Ltuck. hill limiting the [Oidd to } kL,uuu pounds WJXIl1113 eLtudii) 9ulve tike prculem: f Jtatt iL01 IIu VL1J1~:.A'1Lk1Jtlol1 01L thIn Lcyl.eit UIIt teal i stron81y t:LaL Lwcust ceauut I,e oamlw,vd es a 11orElk -SUU01 aItr1,1aL. IlLat Ned11S Ellie tuture way require CCucKS to use Locust. 11,01 116 SCHOOL 2uNL WK hUbULS hWik:N1AK1 SLHLuL: hodges Elementary School is zoned as tollows: un Farris Koad - Iwo 10-foot crosswalks at the Greentield Parkway intersection; Iwo pedestrian crossing signs (for northbound and southbound) at the crosswalks; Two advance crossing signs 2UU ft. from crosswalks lbctn directions); Two 20 mph speed limit signs at property corners northbound, southbouna; Two 30 mpn speed limit signs at ena of school zone northbound, southbound. 1 I N page 4 of 12 pages made it a policy not to use speed bumps as a means to control speeding. Instead the installation of 30 mph speed limit signs is recommended. ` Doug Chadwick asked if there were any 30 mph signs posted now. Paul said there were not. Bruce Chamberlain asked if the City used speed bumps anywhere in the City. Paul said no. S Vivian Edwards asked about the dips around Denton High School. Jerry Clark said in 1950-1960 drainage dips were used to control speeding. Doug Chadwick asked where speed signs would be placed. Paul said t'sy would be placed 200 ft. north and south of Bob-O-Link, t Vivian Edwards, Chairman asked if anyone was present I to speak in favor or in opposition of the request. No one came forward. Bruce Chamberlain made a motion to table the request next meeting since the petitioner was not present. He E asked staff to contact the petitioner before the next meeting. Virginia Gallian seconded the motion. Motion passed unanimously to table the request next meeting. ITEM 05 REQUEST FOR LIMITED TRUCK TRAFFIC ON NORTH LOCUST 57REET BY THE NORTH LOCUST NEIGHBORHOOD ASSOCIATION: Paul Iwuchukwu presented the request. He said that he had received a petition from the North Locust Neighborhood Association requesting the truck route be removed from North Locust Street between Sherman Drive and FM 2164. Paul said the City of Denton does not have a true north/south arterial. North Carroll, if extended, would be the only true arterial. The only alternative is to divert traffic to Elm and Sherman Drive. Elm Street has mixed zoning uses - multi-family, single family, and light industrial, but it is also more or less a residential street. Diverting truck traffic from N. Locust to Elm to preserve the residential tranquility of that neighborhood would be literally "robbing Peter to pay Paul". The people of Elm Street equally deserve some residential tranquility too. If Loop 288 were extended to 1350 it would give some relief for truck traffic. Wen Texas Instruments and Lake Ray Roberts are completed, there will be much more truck traffic in this area. i' i page 5 of 12 pages Paul said the neighborhood association is requesting a 120000 lbs gross weight limit be placed on North s Locust Street. It has not been established how this C would be enforced. Staff requested help from the Citizens'Triffic Safety Commission on a recommendation. i { Phillip Neely, 201 North Locust, came forward to speak { in favor of the request. He said there were several concerns he wanted to convey to the commission. (1) Truck routing on North Locust presented a conflict of land uses. The neighborhood is almost totally residential with the exception of the north end. 1 (2) North Locust is not designated as a truck route by the Federal or State governments but by the City. (3) The street is too dangerous for bicyclist, school children and families taking walks. (4) The new street puts sidewalks closer to the street. (5) Basic wear of the street from truck traffic will cause pot holes. (6) A problem of noise exists when trucks increase speed. (7) Speed from truck traffic is a problem as well, Mr. Neely suggested eliminating traffic weighing over 120000 lbs on North Locust and limit the speed to 30 mph. Also, change the route at Howdy Doody one block to Elm because that goes out to 135. Another possible route would be northeast Sherman. Bob Olman, 2017 North Locust, came forward to speak in favor of the request. He said he had d.:ven trucks for years and 12 years ago North Locust was restricted from truck traffic. Gene Gohlke asked when was the street designated as a truck route. Jerry Clark said it was in 1983. 1 John Tompkins asked Mr. Olman how many trucks were estimzted traveling North Locust. Mr. Olman said 3-4 at any given hour. Joe Bailey, came forward to speak in favor of the request. He said he represented the North Locust Neighborhood Association which made the request. Mr. Bailey reiterated the concerns given by Phillip Neely. He stated that other property owners surrounding North Locust were in favor of removal of the truck route as indicated on the petition. page 6 of 12 pages Mr. Bailey expressed gratitude to the commission and staff for upgrading North Locust. The association wants to express their desire that nothing be allowed to deteriorate the street. Jerry Clark said staff was not against the proposals street. be difficult Street tal eedy enforce has aoaloadm limit but i the restriction. John Tompkins asked if Carroll had plans to connect to Highway 77. Jerry said a study was proposed but never funded and with all the development that has occurred north of Carroll, it would be even more expensive to do now. John Tompkins asked why North Locust was designated a truck route in 1483. Jerry said the Police Department needed a City ordinance to make their tickets enforceable. Gene Gohlke made a motion to deny the request. Motion died for !ack of a second. Bruce Chamberlain made a motion to grant the load limit of 12,000 lbs. and over. Doug Chadwick asked that an amendment be added to limit truck traffic (12,000 lbs. and over) to Windsor between Elm and Sherman for the schools. Virginia Gallian seconded the motion with the amendment. Motion passed unanimously. ITEM f6 REQUEST TO RAISE SPEED LIMIT ONE HOBSON LANE BETWEEN PaulM Iwuchukwu presented the request. Paul said several citizens have complained that the speed limit of 30 mph on Hobson Lane between Forestridge and Country Club Road was too low. Paul said staff did a study and the average speed was • 46.2 mph. Out of 124 vehicles surveyed, only one was traveling at 30 mph. The rest were 35 mph and over. The 85th percentile speed (the speed normally used for analysis) was 52 mph. The pace speed (dominant speed range in the sample measured) was 41-50 mph, and the median speed was 45 mph. Staff has considered a speed limit of 40 mph. The probability t that raising aread is igoing that to there is a be developed in f lit IllitiIIIIIIIII I s A-A -LA ti 1-1-L lilt; L4 4 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Proposal from HBW Associates, Inc., for consulting services related to expenditure of capital improvement bond funds. RECOMMENDATION: The Denton Library Board recommends approval. 1 SUMMARY: l This proposal is desigi.ed to assist the Library in evaluating f its resources, services, and programs. Use of these services will allow the Library and the City to make the best use of the ~ capital improvement bond funds. { `A BACKGROUND: The Library Board has conducted two surveys regarding the use of the capital improvement bond funds. Expansion of the present building has ranked highest in both surveys, however; this option has serious side effects regarding parking and traffic at the current site. Use of professional planners will k allow the City to achieve the greatest return for the dollars to be expended. PROGRAMS, DEPAR7MENTS OR GROUPS AFFECTED: 1 The Library department and the public it serves. { 1 i 1K , y{y": f° 4 FISCAL IMPACT: Payment of tK, contract will be made from bonds to be sold in January, 1988. r i Respec lly Submitted: f j y oy v. Harrell, C y Manager Prepared by: 4: Toe orr, Library Director Approved by Municipal S Se vices/ ccean ector wI a . N 1056L i NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN ITHE CITY F DENTONG TEXAS AND HBW ASSOCIATES, INC. CONSUI SERVICES FOR THE EMILY FOWLER LIBRARY, DENTON, TEXAS; AND t PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves and author zes t e City Manager to execute an agreement between the consulting eservicesefor the Emily FowleraLibrary ~.Denton,lTexas, under the terms and conditions in said agreement. SECTION II. That the City Council hereby authorizes the City i Manager to expend funds from the sale of bonds, in the amount of Nineteen Thousand Six Hundred and Sixty-six Dollars and Fifty { Cents ($19,666.50) for the procurement of such services. SECTION 111. That this ordinance shall become effective imrae ate y upon its passage and approval. 1987. PASSED AND APPROVED this the day of j RAY STEP NSp MAYOR .t i .y j ATTEST: i.t APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 'k 1 14 r, P, I I M EM E MAN D U M TO: BETTY McKEAN, E%. DIRECTOR OF MUNICIPAL SERVICES & ECON. DEVELOPMENT FROMt JOELLA ORR, LIBRARY DIRECTOR SUBJ: ITEM FOR CITY COUNCIL APPROVAL DATE: December 2, 1987 The Library Board voted at their July 28, 1987 meeting to eubmit to the Council for approval a proposal from HBW Associates, Inc., for consulting services that would be provided for the Library. The Board feels that the use of a consultant would provide for the best use of the capital improvtment riposed funds and also allow the City the beat return on the dollar for the attached expansion of services and/or facilities. A copy t proposal for your information. If you have any questions, please don't hesitate to call. ~v Joell rr, Library Director ci 1099H/2 attachments i ~~•~II~~ltu id~'jt~~ j ;I~i I[ Il IE1L1 hbw ossafotes, Inc. 3\ E-~nn f f 1 t~ ~ (214) 826-6981 uJ~ P.O. Box 71089 Dallas, Texas 75371 i { library Planners and Consultants September 4, 1987 {3 Joella Orr, Director Denton Public Library SU2 Oakland Street Denton TX 76201 Dear Ms. Orri In reference to our proposal of July 22, 1987, regarding our performing library consulting services for the City of Denton arid the Denton Public Library, it is my understanding that the starting time for the study will be delayed until on or about the 1st of December, 1987, a result of bond sale scheduling. We are prepared to honor our proposal with regard to the fee structure. Therefore, the last paragraph of Page 3, section headed Protect Budget, f can be amended to rend as followss d "The above negotiation. The proposed budget is valid until February 1, 1988. The cost proposal is also valid for 60 days beyond the revised a Phase Two work, revised to a date of six months from December 1, 1987, or six months from the official start-up date, whichever occurs at the latest date. Arty request for additional at S percent." If this meets with your approval, please acknowledge. j We are looking forward to working with you, your staff, Library Board, and city officials on this important study. s' Tha k you. Richard L. Waters Principal Consultant cet David M. Ilenington r ~~D Lee B. Brawner `j G C~ l -1 { C~ 1, i SF.y p t',19~} p~i~~tJti S 'i ,rs I i i N fr Irt~~ . ~l1 It~~ j~1L11L hbw ossoctotos, Inc. -w - t l L L (214) 628.6981 f L lll P.O. Box 71089 Dallas, Texas 75371 I Ubrary Flamers and Consultants RECEIVE July 22, 1987 JUL 23198' l C11 f OF j Joella Orr, Director DENION N BLIC LB~RMY Denton Public Library 592 Oakland Street Denton TX 76201 I Dear Ms. Orr: l Per our recent telephone conversations. I an pleased to submit our proposal to you for library consulting services that we would provide the City of 'I 1 Denton and the Denton Public Library. As you requested, we have prepared { our proposal to address both phases or work. j Phase One This phase will consist of two elementsi a review of the existing capital t funding available to the library and how to expend the funds in order to achieve the greatest potential for improving library service in the City of Denton, arid assistance with the preparation of a L.S.C.A. Title II grant application to the Texas State Library so that the City of Denton can apply 14 for said funds. h We will approach Phase One work as followsE Task 1. Request and review background data, including "maps" which indicate place of residency of current library users. U.5 consultant days. Task 2. On-site visit to Denton to confer with city and library staff, and to review existing facility and potential sites for/if a branch library should be the way to expend the available capital funds. 1.0 consultant days. Task 3. Prepare report in draft form. 1.1.1 cnnsultant days. Task 4. Telephone review of draft report/revise report per review. 0.5 consultant days. Task 5. On-site visit to Denton to present final report. 0.5 consultant days. Task 6. Assistance with L.S.C.A. grant application. 0.5 consultant days. Total consultant days for Phase One - 4.0. E T' I~ Joella Our July 22, 1987 a Page 2 4 Phase Two This phase will consist of a detailed, long-range look at theAeutonaPublicion, Library. A plan, with specific recommendations reg.. g services, tomat facilities, collections, staffing, and budgets will be prepared. The plan will look 15 years ahead, or into the 21st century. Ten copies of a draft report, and a like number of copies of the final report, will be prepared and delivered. He will approach Phase Two work as followsi Task 1. Request and review background data, including demographics, projections, reports, and the like. APpatt a summary report of the data, 2.u E consultant day's. { Task 2. Hold ttlo/three focus Group meetings in hPnton with users and others regarding their view of the future of the Library. Twelve to 15 persons will particSpate in each group. A summary2report oftthe days. 1 findings of the group meetings will be prepared. .0 consulant (NOTES We propose this in our belief that citizen involvement in the i planning process is Important.) [ S' Task 3. Conduct a detailed review of current service programs, including the level and adequacy of automation: propose and "test" service changes with tho Library staff based upon the Focus Groups and our general rvces and make reendati knowledge/expetience. Evaluate xii3fSlonSeotidiscontinuationco Prepareoas continuation, charge, eexl, sununary rPpcit on services/automation. 6.U consultant days, including 3.0 on-site, Task 4. Based upon sutA ce review/evaio n, analyze stuaffing salary/boner s of number of staff required, luat costs and comparisons with other libraries/employers, and related staffing matters. Prepare a summary report on staffing. 3.0 consultant days, including 1.0 on-site. Task 5, Based upon anticipated growth in terms of population, residential and commercial construction, and transportation plans, prepare a detailed days, including be prepared first. fac.ionlit-ies -site. A summary report 5willyears. Task 6. Based upon all of the above, prepare an analysis of funding, rv gincoments, toW nne SOUrCPS (local taxes, grapts, etc.), and long-range needs. Prepare a summary report. 20 consultant days. Task 7. Utilizing all of the information gathered, analyzed, and reviewed to date, prepare adraft report that addresses all or the atoveartimelSne that provides specific recommendations (as guidelines) and budget projections (in 1987-88 dollars). 5.0 consultant days. T F Joella Orr July 22, 1987 Page 3 i E Phase Two (cof t.) j Task 8. On-site review of draft report. 1.U consultant days. Task 9. Revise, per review, the draft report and prepare final report. On-site presentation of final report. 24 consultant days, including 1.0 on-site. Total consultant nays for Phase Two - 26.0 Project Budgpt_ We propose to cudertako the work as described above (both phases) for a not-to- l exceed cost of $191666.50. Ry phase, our budget is as foll0w91 I Phase One, $ 2,400.00 f Fees - 4.0 days @ 360U.UU per day 30.0U, clerical/ - +i Expenses - 1111IN e C $ luinting @ Sluu.uu - 130.00 - Overhead - h 5 percent of }'prs * };xpeuses 126.50 rt $ 2,656.50 Total Phase One Budget Phase Two; - s - t Fees - 26.0 days t 5600.00 per day 15,600.00 Expenses - mileage Q $12U.UU, lodt,ine/meals C $13U.00, clericallprinting Q $'10.00 - 60U. 00 1 81-0.UU Overhead - G 5 percent of Fees Expenses j Total Phase Two Budget - 17,010.UU TOTAL BUDGET (NOT-TO-DXCEEU) $ 191666.50 The above cost is subject to negotiation. 'C'lip proposed budget is valid for 60 dnvs from the date of this letter of proposal. The cost proposal is also Val' for 60 days boyonu the"suggestod project timeline (see section below). Any request for additional services shall be billed based upon the standards of abover $60U.UU por consultant day, $0.25 per mile, $15.00 per clerical dour, and lodging/meals at actual cost, plus overhead at 5 porcont. c Protect Timeline Ni propose to begin Phase One work within fourteen days of acceptance of this propose.), and complete the work within 30 days of the starting date. we prop)te to begin Phase Two work within foutteen days of the completion of Phase Ote, and complrte the work within 120 days of the starting date. i i r V t Y r, t Joella Orr July 22, 1987 i p Page 4 We at HBW Associates ate excited about the possibility of working for you, your staff, Library Board, and City officials. If you have any questions, please do riot hesitate to write cr telephone. our address and telephone number is on page one of this letter of proposal. ` Enclosed please find background information regarding 11BW Associates. I Thank you. e4;~/ard~L. Waters Principal Consultant I ccr David M. NeninP,ton Lee B. Brawner Encls, • 1 i e 1 f !n s i I r , a: ~ 1 I P' t i I I r 178 DFMON LIBRARY BOARD July 28, 1987 t The regular meeting of the Denton Library Board was held in the Board Room of the Emily Fowler Public Library on Tuesday, July 28, 1987, at 7:30 p.m. PRESENT; David Speck, acting chairman; Mary Jo Pickins, Jean Glasgow, Dorothy Adkins, Lupe Gonzalez, Margret Chrisman, Ray Stephens and Joella Orr. C j ABSENT: Rodney Hutton (ex) 1. Approval of minutes, Dorothy Adkins moved and Lupe Gonzalez seconded that the minutes of the June 23, 1987, meeting be approved as read. Motion carried unanimously. i 2. Appointment of nominating committee for 1987/88 officers. David Speck appointed Lupe Gonzalez, Dorothy Adkins and Jean Glasgow to the nominating I committee. Officers will be elected at the August meeting, 3. Report on library planners for expansion. The Board read a letter from HBW Associates, Inc, of Dallas, on a proposal for consulting services which consists of two elements of work. Phase One consists of a review of the facilities available and an analysis of ways to expend the funds in order to achieve Ge greatest potential for improving library facilities in the city of Denton, and assistance with the preparation of a L.S.C.A. Title II grant application to the Texas State Library so that the city of Dentoit can apply for said funds, Phase One consists of four consultant days of work at a cost not to exceed $2,656.50. The Phase Two proposal consists of a detailed, long-range look at the Denton Public Library. A plan, with specific recommendations regarding services, automation, facilities, collections, staffing, and budgets will be prepared. The plan will look ahead 1S years. Phase Two consists of twenty-six consultant days of work at a cost not to exceed $19,666.50. After sonic discussion, Margret Chrisman moved that the Board accept the proposal and that the proposal be sent to the Denton City Council for approval at the next possible meeting. Dorothy Adkins seconded the motion. Motion passed unanimously. 4, Old Business. Joella Orr Informed the Board that the final version of the Standards had been completed, with all of the suggesteJ revisions, Since the Board has already recommended that this document go to Council for approval, a suggestion was made to send it with the l1bW Associates proposal. Mrs. Orr told the Board that she would see that this was done. S, New Business. The dinner for outgoing Board member Sarah Lockhart will be held Saturday, August II at 6:30 p.m. at A1lie I's. Cathie (rick will call and confirm this date and time with all members. The Texas Library Association's District 7 annual meeting will be held In Fort Worth on October 23-24. Board members were asked to mark their calendars, Additional Information from '11A will be coming in September. The board made a request that the parking lot be restriped and a hole be patched. Joella Orr said she would investigate having this done and report back. With no further business to discuss, Jean Glasgow made a motion to adjourn, seconded by Margret Chrisman. Motion passed unanimously. Meeting adjourned at 8:45 p.m. N i OFFICE OF THE C iTY A'TTORNEY MEMORANDUM RHLI D TO: Joella Orr, Librarian NOV 131997 FROM: Diane Callander, Assistant City Attorney SUBJECT: Approval of Proposal with HBW and Ordinance C11Y CF GEk"10 DEMON FLELIC LILaARY DATE: November 12, 1987 i I have had an opportunity to review the proposal and letter I amendment from HBW, and have prepared an ordinance for same. i I Please be advised that the City cannot obligate itself to this ~k agreement until the bonds are authorized to be sold. The letter agreement from the City cannot be delivered to HBW until the date the bonds are authorized to be sold, which I believe is to f be sometime in November. You may want to check with Rick Svehla t4 on that matter. I have attached a copy of the ordinance and acceptance letter. If there are any questions, please advise. / DE / i ~I 1 s ! DC:}s f j xc: Lloyd V. Harrell, City Manag;r Attachments 11 } APPROVED: i BRA A. DRA VIT t 2056L i. F~ i 4 _ hbw ossociotes, Inc. (914) 826-6981 63521oko"re dollos, ts=s 75414 Ubrory Planners and Consultants ` RECEIVED i December 21, 1987 I CITI f~~I,iuiV Cathie Irick DEW1G~~ F~.'~'i~ Llnu~Y 1 Office of the City Attorney City of Denton Municipal Building Denton TX 76201 s f Dear Ms. Iricka Y Here is a signed and nftarized copy of the contract. +i Please return us to a complete copy when signatures there have been obtained. We are looking forward to the assignment and working with and for the City of Denton. f 1 Thank you, c Richard L. Waters j Principal Consultant ccr Joella Orr David Henington Lee Brawner .;f DEC 2 i C11r f4q,i t,_,.. moiling oddness p.o, box 710789 dolbs, tends 75371 r' i N f j THE STATE OF TEXAS i COUNTY OF DENTON 5 I On this day of , 1987, before me, ersonally appeared Lloyd V. the undersigned Notary Public, p Harrell, personally known to me to be the person who executed the within instrument as City Manager of the City of Denton, ine that the municipal Corporation itein named and Texast on acknowledged behalf I 1 ~ WITNESS my hand and official seal. I i NOTARY PUBLIC, STATE OF TEXAS 1 THE STATE OF TEXAS 5 COUNTY OF DENTON S On this day of , 1987, before me, the under- signed Notary Public, personally appeared , personally known to me to be the person who executed the within instrument as of HBW Ass^ciates, Inc., on behalf of HBW Associateo, Inc. there- in named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. j NOTARY PUBLIC, STATE OF TEXAS I f f a i} t i N t i r r HBW Associates, Inc. Page Two its agents, representatives and employees which may arise out of or result from HBW's activities conducted in connection with or incidental to this Agreement, regardless of whether such injuries, pp death or damages are caused in whole or in part by the negligence 1 of the City of Denton. s 1 5) Definition of HBW HBW shall mean all principals, associates, agents, employees, and representatives of HBW. j 6) Authority to Bind HBW i The person(s) who executes this Letter Agreement represents and covenants that he is duly authorized to execute same on behalf of HBW. 4 7) Termination Either party may terminate this agreement upon fifteen (15) days written notice to the other party. HBW agrees to allow the City the right to audit the expenses incurred upon termination. Upon termination, all expenses for services rendered up and until the date of notice of termination shall be paid in accordance with the Payment of Services provision. Further, the last paragraph on page three of your proposal, as well as your letter of September 4, 1987, wherein Project Budget is addressed, HBW and the City of Denton agree that the following sentence is deleted: "The above cost is subject to negotiation." Please initial next to the sentence to indicate you are in agree- ment of this deletion. If you are in agreement of these additional terms and conditions, including the deletion described in the preceding paragraph, please execute your signature below with the appropriate acknowledgment. ACCEPTED: HBW ASSOCIATES, INC. CITY OF DENTON, TEXAS I BY., BY: LLOYD V. HARRELL CITY MANAGER DC:jw Enclosure 23371 i I 4 1 1 CITY of DENTON, TEXAS MUNICIPAL BUIL DINC / DEN TON, TEXAS 76201 / TELEPHONE (8 M 566-8200 Office of City Attorney ` i I s HBW Associates, Inc. P.O. Box 71089 Dallas, Texas 75371 Dear Sirs: The City is in receipt of your proposal and description of services to be provided by HBW Associates, Inc. For purposes of this letter HBW Associates, Inc. shall be referred to as HBW. In regard to your proposal and letter of September 4, 1987, copies' ` of which are attached and incorporated herein as if fully set forth at length, the City agrees to accept the same, subject to the following amendments, additions, and deletions to be incor. porated into the proposal: 1) Payment of Services City agrees to pay for services within thirty (30) days of the receipt of invoice from HBW. Payment shall be only for ser- vices actually performed at the date of billing. In no event shall the City prepay for any services of HBW. 2) Status of HBW Associates, Inc. li The City of Denton and HBW agree that HBW shall be deemed to t be an independent contractor and not an agent or employee of the City of Denton with respect to its acts or omissions hereunder. 3) Venue In the event of a dispute as to the terms, obligations or conditions of this agreement, City of Denton and HBW agree that venue for all suits, whether in law or equity, shall be h instituted and maintained in Denton, Denton County, Texas. 4) Indemnification HBW agrees to indemnify and hold harmless the City of Denton and its agents, employees and representatives from and against all liability for any and all claims, suits, demands and/or actions arising from or based upon any acts on the part of HBW, ti r fill T-1 I 1--L I ~ E k li ~Y y CITY COUNCIL REPORT FORMAT 1 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager i SUBJECT: BUDGET AMENDMENT f RECOMMENDATION: Adoption of an ordinance amending the budgets for the Municipal Court Clerk's Office and the Municipal Judge's office as outlined in a Municipal Court report dated f December 1, 1987. SUMMARY: Pursuant to Council review and recommendation, this ordinance is request in the interest of re-development of the Municipal Court division. These resources will assist the division in better serving the needs of the public. BACKGROUND: N/A t PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: 14unicipal court Clerks, Cashiering and Municipal Judge. FISCAL IMPACT: Additional revenue. RESP FULLY SUB ITTED Ci Manager Prepared by: j Mark McDaniel time Title f Approved: 4tle 26333C 3C/3 i 1 ~S l 2143L NO. AN ORDINANCE AMENDING THE 1;87-89 BUDGET OF THE CITY OF DEN,rON, TEXAS BY APPROPRIATING THE SUM OF NINETY-SIX THOUSAND EIGHT f HUNDRED ONE DOLLARS ($96,801.09) FROM THE BALANCE OF THE GENERAL f FUND TO VARIOUS ACCOUNT FUNDS, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: WHEREAS, the City Council finds it necessary to make certain unforseen expenditures within the Municipal Court; and WHEREAS, the current estimated revenues from the operation of Municipal Court are $301,000 in excess of those projected at the time of adoption of the 1987-88 Budget; NOW, THEREFORE, THE COUNCIL OF.THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the 1987-88 B,idget of the City of Denton, Texas is hereby amended by appropriating the sum of $96,801 from the unappropriated balance of the General Fund to the fol?owing fund accounts: e ACCOUNT NO. AMOUNT 100-011-0005-8022 $15,392.00 100-011-0005-8061 10156.00 100-011-0005-8062 847.00 ; 100-011-0005-8064 34.00 i4 100-011-0005-8065 11140.00 M 100-011-0005-8101 300.00 100-011-0005-8501 200.00 100-011-0005-8531 400.00 100-011-0005-9102 16,932.00 200-040-OUP1- 8022 12,921.38 100-040-0026-.'925 9,169.88 100-040-00254L11 2,900.00 ` 100-040-0026-buol 1,574.28 100-040-0026-8062 11154.46 100-040-0026-8064 40.00 100-040-0026-8065 10140.06 100-040-0026-8341 6,250.00 100-040-0026-8502 25,250.00 f $96,801.00 4 )1 1 . i N t - I i That the City Secretary is directed to attach a cause this SECTION II. copy oh'ordinance to the original budget and 1 amendment to be published once in the Denton Record-Chronicle in accordance with Section 8.08 of the city Chatter. + SECTION III. That this ordinance shall become effective the de and h Cit its ass teen~ days fr° 4S four directedatto ocause the acaption tofe this h Secretary is hereby ordinance to be published twice in the Denton Record-Chronicle, i the official newspaper of the Ci;:y of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 5th day of January, 1988. RAY SrEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS 10 LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Y BY- 1 i it f ~t r i f a s i i i : IM 71 MIR11 I I fill- ~I 1 ; t 1° i 5 I N OFFICE OF THE CtTY ATTORNEY MEMORANDUM ` TO: Honorabl. Mayor Stephens S Members of the City Council f ~ I FROM: Debra A. Drayovitch, City Attorney SUBJECT: Ordinance Authorizing increase in maximum Fines for Violations of City Ordinances i DATE: December 281 1987 Pursuant to your authorization of October 61 19870 attached 1 t hereto is an ordinance adopting the provisions of Senate Bill f 920, as adopted during the last :egislative session. Also k attached is a copy of my memorandum of August 26r 1987 which l explains the new law. Should you have any questions relative to this matter, please let me know, Respectfully submitted, i I -DEBRA Ae DRAYOVITC DAD:js xc: Lloyd V. Harrell, City Manager Sandra White, Municipal Judge At'Achment 26C91 M1~ j t <.P r •'F 4 ~Fv ti ) 2147L NO. AN ORDINANCE AMENDING SECTION 1-5 OF CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ESTABLISHING THE MAXIMUM FINES FOR CERTAIN VIOLATION OF THE CODE OF ORDINANCES PROVIDING I A SSVERABILITY CLAUSE) AND DECLARING AN EFFECTIVE DATE. E THE CO,NCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Section 1-5 of Chapter 1 (General Provisions) of t e Coe o ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec. 1-5, General Penalty 1 (a) Where no specific penalty is provided for a violation of a provision of this code or any ordinance, rule, or regulation of the city, the violation is punishable j by a fine: (1) not to exceed $500.001 (2) not to exceed $2,000.00 if the provision violated governs fire safety, zoning, or public health and sanitation, excluding vegetation and litter violationsl or (3) fixed by state law if the violation is one for which the state has fixed a fine. (b) A person violating a provision of this code or other ordinance, rule or regulation of the city is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted, unless otherwise provided. inall other to, of (c) rThe emedies, isincludingeibut are cumulative junctions and other extraordinary writs. This section shall govern all penalties for any violation of this Code, notwithstanding any language to the contrary contained in any other section of this Code. SECTION 11. That the provisions of this ordinance apply only to o eases committed on or after the effective date of this ordinance. 1 R 1 t SECTION III. That the Code of Ordinances of the City of Denton, as amded, shall remain in full force and effect, save ! and except as amended by this ordinance. i SECTION IV. That this ordinance shall become effective fourteen 1 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 110) drys of the date of its passage. PASSED AND APPROVED this the dsy of , 1988. ' RAY STEPHENS, MAYOR 3 ATTEST: JENNIFER WALTERSo CITY SECRETARY APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCHj CITY ATTORNEY 8Y: S~~ 4 i i I I I I " I f i r Lyq 7. A. 2145L RESOLUTION N0, RESO NGI AN EFFECT! ENDATE,HIGHLAND STREET ON LOS JANUA YLU21IO 198TEM8;PORAANDRDECILY WHEREAS, Rosey Bartlett, representing the North Texas State University Athletic Department, has requested that Highland Street, from its intersection with Avenue D to Its intersection with Avenue E, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the for the purpose tasting 21, 19881 hours aving 7:00 a Taste . of to North O Tep.m. on xas food January partyl and of h WHEREAS, Rosey Bartlett has assures the City Council that the University has agreed to the temporary closing of Highland Streets and r WHEREAS, Rosey Bartlett, representing the North Texas State University Athletic Department, has further assured the City Council that no alcoholic beverages will be served at the above-mentioned partys NOW THEREFORE, i BE IT RESOLVED BY THE COUNCIL OF TAE CITY OF DENTON: i SECTION I. That Highland Street, from its intersection with Avenue tote intersection with Avenue E, a ptiblic street in the closed hours ooaf T7s00 ~ a.m.temporarily to 10:00 yp.m. on to corporate vehicular t affic the City of January 21, 1988, for the purpose of having a Tastq of North Texas food tasting party. SECTION II. That the City Manager shall direct the appropriate 'ity Department to erect barricades at Highland Street, from its intersection with Avenue D to its Intersection with Avenue D, at 7s00 a.m. on January 21, 1988, and to have the same removed at 10:00 p.m. on said date. PASSED AND APPROVED this the 5th day of January, 1588. RAY STEPHEN S, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I E~~ BY: `ryd ~ REQUE _-BLOCK PARTY 4 STREET CLOSURE Organization requesting street closure:, Address: Phone number: SG 5- oln~- Contact person: , /DQh~ Date and time J£ street closure: / ;lace of closure: Intersecting streets: A u Reason for closure: r Am r Alvem APPt fe G~ he, the neighbors of- o not o ect to a occ party or on , Name 4ddress 1. 3. ` 4. S. 6. 7. 8. 9. 10. 2726C i 411 mile ~I E I~ i 1 4+41411111$t! 111 1 111 1,44 i W f DAT9t 1981 December 21 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROMs Lloyd V, Harrell, City Manager J SUBJECTt McKenna Tower Agreement Between Sammons Communications and City of Denton RECOMMENDATION: The staff recommends the approval of the resolution. 1 SUMMARY: This agreement allows Simmons Communication to locate a small antenna on the City's radio tower at McKenna Perk, In exchange for the use of the tower, Sammons agrees to provide audio override on all channels from the City's Emergency Operations Center, provision of a remote data terminal (RDT), telephone line installation and all recurring coats fot the RDT to provide access to Channel 25 bulletin board for explanation of emer- BACKGROUND:gency situations. Sammons has done some preliminary testing at this site and has found that j r locating an antenna at McKenna Park will eliminate some of the interference f that is presently being experienced on the low band channels - 4,5 and F, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED? Office of Emergency Management. 1 FISCAL IMPACT: Should be no negative fiscal impact to the City. Positive impact in the form of equipment and services provided by Samrions. Respectful y submitted, L I-oV ariell City pager Prepared byytt Nye Julia Moore Titles Administrative Analyst Approv t Nate t 11 Ar elo Titles Director of Community Services FORMS y 2121L i RESOLUTION NO, A RESOLUTION APPROVING AN AGREEMENP 3E74EEN THE CITY OF DENTON AND SAMMONS COMMUNICATIONS, INC. FOR EMERGENCY COMMUNICATIONS ASSISTANCE; AND PROVIDING FOR A:1 EFFECTIVE DATE, THE COUNCIL OF TN'. CiIY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute ind attest, respectively, an agreement between the City of Denton and Sammons Communications, Inc, for Emergency assistance: under the terms and conditions being contained in said agreement which is attached hereto and p made a part hereof. F E i SECTION .I. That this Resolution shall become effective ` immediately upon its passage and an?rLval. PASSED AND APPROVED this the day of , 1988. i RAY STFPHENS, MAYOR ATTEST: JENNIFER ;W,TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 01 j { t~ i F' 2086L l THE STATE OF TEXAS § i AGREEMENT BETWEEN THE CITY OF COUNTY OF DENTON 5 DENTON 5 SAM,MONS C0.4;1UNICA'TIONS, INC. this igreement is by and between the City of Denton, herein- after referred to as "city", and Sammons Communications, Inc., hereinafter referred to as "Sam%.Tons", who nereby solemnly agree to the term; and conditions set forth herein; SECTION I, PURPOSE The purpose of tnis agreement is to provide emergency communications for the City of Denton in meeting any emergency or disaster from enemy attack or other cause, natural or man-made. This agreement is entered into pursuant to art, 68d9-7 of F V.T.C.S., commonly referred to as the Disaster Act of 1975. This € agreement recognizes that the zation of the resources of the respectivelorganizations,vthetcity and Sammons, is essential to the safety, care and welfare of t*e people thereof in the event of a major a^ergency or disaster. The Directors or officers of both parties shall constitute a committee to formulate plans and take all necessary steps for the implementation of this agreement. Such planning shall incorpcrate the use of resources, including personnel and equipment necessary. SECTION II. RESPONSI3ILITIES A. The City shall formulate emergency plans and programs for application within the boundaries the City. There shall ce frequent consultaticii between the representatives of the City and Sammons and free exchange of information an6 services. In carrying out such emergency services, the parties of the City and Sammons shall, so far as possible, provide and follow uniform standards, practices and rules and regulations including: (1) ',Darning and signals or explanation for exercises, disasters and pending disastrous situations to the general populationD (2) Information dissemination concerning emergency management on a routine basis. {3) Selection of equipment and services used or to be used for emergency purposes to assure that such equipment and services will be easily and freely i I I i 4 i inte.changeable when used in or by the other party= i (4) The conduct of control generators, trustees, radio operators, City staff and other in,rolved personnel and their proper movement or activities prior, during and subsequent to Pxercises, ! emergencies or disastersi and {5) Compliance with governing FCC rules and regula- tions, which may require periodic monitoring of the frequencies involved by the city. Equipment provided by Sammons must not belonto an indivi- dual, but must be approved, sponsored and operated-by Sammons. If B. Either party requested to render aid shall take such action ` as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof: provided that it is understood that the party rendering aid may withhold resources to the extent necessary to provide reasonable protection for the other. Sammons' emergency communications forces and tae City's utilizing forces will continue under the command and control of their regular leaders, but the communica- tions units or forces will come under the joint operational control of the parties under this agreement. C. All requests under this agreement shall be made between the city and Sammons officials or according to emergency plan 1 activation, when. available. This organizaCionai tool will serve as a channel through which aid will be dispatched, SECTION III. SERVICES PROVIDED BY SAMMONS The following services shall be provided by Sar,mons to the City, including but not limited to. (1) Audio override on all channels from the City's Emergency Gperations Center for emergencies. s { (2) Use of ,hannel 25 bul.etin board for explanation of emergency situations and general public education on emergency management. (3) Provision of a remote data terminal (?DT), telepnone lines installation and recurring costs/fees, modems, cables and other items for the RDT to provide: (a) bulletin hoard access PAGE 2 l i a i i (b) removal of weather 0-emplate/page on Channel 12 during weather watch,.s, if an unused channel is not available for the Stephen Radar depiction. (4) ?nteraction with local amateur radio operators through the Radio Amateur Civil Emergency Services (R.A.C.E.S.) and Amateur Radio Emergency Services (A.R.E.S.). (5) Provide tower maintenance, to include: (a) Visual/on-the-spot maintenance for safety, such as loose bolts and guide wire adjustment= and J (b) 4eporting other items wrong with the antenna to the Office of Emergency Management. s (6) Provide all necessary and relevant technical advice and consultation services as its expertise will permit. ' (7) Provide equipment and schedule a predetermined time, on a monthly basis, for the City to conduct a test of the emergency systems. i SECTION IV. ASSIGNED AREA Sammons will be assigned a portion of the tower space of McKenna Park Tower at 1701 Scripture street. Sammons shall naintain the assi9nid area by keeping it neat and clean. SECTION V. CONSIDERATION Sammons will pay one dollar ($1.00) per year for facility usage in addition to providing all services mentioned herein. SECTIO14 VI. SERVICES BY CITY x• The following detailed ser, ices shall be provided by the City to Sammons: {1) Allow Sammons utilization of tower space at McKenna Park Tower at 1701 Scripture Street, Denton, Texas. (2) Emergency information as required. PAGE 3 0 , J T w I'. i N I j i i (3) Operation of character generator through a remote ! g data terminal and that terminal's security. { (4) Di -retion in operating character generator access t~ Channel 12 pages, bulleting boards, banners and ` voice override operations. r` (5) Twenty-four hour accessto the tower site through ` the Office of Emergency Management. I SECTION ill. DISPUTE RESOLUTION I The City's Office of Emergency Management has final authority to resolve tower operations disputes. Radio frequency interference (RFI) disputes will be resolved by involving all parties concerned. The result will provide r clear retransmtssion or reception of the Sammons Communications disputes,resources for the resolvelRFlpossible usedsignal. signAl solutionsrwillaccessed SECTION VIII. LIMITATIONS Limiting factors affecting Sammons' service to the City will be based the ability duento catastrophic disasterstosrtsurvival situationsavail- Limiting factors affecting the City's service to Sammons will be based on access to the antenna. SECTION IX. LIA31LITY kind the wha City Sammons hereby agrees to indemnify and hold harmless o- from any and all damages, loss or liability of any giver, by reason of injury to property or third persons occasioned oy any arror, omission or negligent act of Sammons, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, nd and protect the and CitSwanyfanat its cost and expense, d all such claims and demands. Y against SECTION X. SUPPLEMENTA?Y AGREEMENTS Inasmuch as it is probable that the pattern and detail of the :rrangementc for mutual aid among two (2) or more agencies may difier from that appropriate among other agencies, this agreement PAGE 4 .i i i.°' 4.. i contains elementa of a broad base common to lorpdrties' from nothing herein contained shall ementsewith other agencies. Such entering into supplementary 9re supplementary agreements may include, but shall not be limited to, providing communications for evacuation, reception of injured or other persons, and the exchange of information concerning medical care, fire, police, public uttlity, reconn issa ne# wel- onmuicat ions fare, transui menc inddSupplies for communications. personnel, q q P : SECTION XI. SEVERASILLTY This agreement s'nall be construed ovisioncofatthish agreement stated in section I hereof. If any Pro thereof to any is declared unconstitutional, or the applicability thereof persons or mof he agretement iandl the applicability Tonality of the remainder to other persons and circumstances shall not be affected thereby. , SECTION XII. TEFM This agreement shall continue in force and remain binding on each party for one (1) year from the date of execution and shall be automatically renewed for successiro one (1) year terms for a arty ith takes ulwithdraw#theor until refrom. sSuch taction h it rnot be takees action to effective until six artym wishingftto terminate tthistagreement. party been sent by the Notices shall be reffective id, retourntreceiptthrequested States mail l , ce and shall be delivered .o: Sammons :ommunications, Inc. city of Denton Attn: Lloyd V. Harrell 205 In4ustrial City Manager Denton, Texas 76201 215 East McKinney nenton, 'Texas 16201 i SECTION XIII. DEFAULT sammor,s Any violation of rules set forth in this agreement bP ui Mont shall necessitate the iThereaEterthe removal City lwlllm provide thirth (;0) days wrroPetrenty. notice to Sammons of the it's intent to terminate s andrvoidtand thirtiy enttitledstotexercisemall shall be null r_medies available at law. i j PAGE 5 r' 1 f. r s SECTION XIV. NO DUTY IMPOSED i j This agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties. Any performance undertaken by the City pursuant to this agreement shall be pursuant to the governmental function of providing emergency services to the public in general and this agreement is not meant to and shall not be construed as imposing any duty, public or private, on any party hereto to provide any assistance, aid, or care to the other party or to any third ` party. SECTION XV. APPLICABILITY This agreement shall become effective immediately upon its approval by the parties hereto and any ether party or parties so satisfying. Duly authenticated copies of this agreement and of such supplementary agreements as may be entered into shall, at the time of their approval be deposited with each of the parties and other appropriate City, County, State and Federal agencies. This agreement shall become binding and obligatory when it r shall have been signed by parties to this agreement. Executed this day of ~F 19_ CITY OF DENTONo TEXAS ,I BY: RAY STEPHE::s, R05A . e' ATTEST: I JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY PACE 6 i t, 1 . i t f i k i SA.MMONS COMMUNICATIONS INC. V B't ?RESIDENT ATTEST: SECRETARY i i 1 t 1 j A li 1 PAGE how" ~ F r I I ' 1 j i s, Ll I I I I I I I F I I I I im, f j f; DATE:12-31-87 I I CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. }carrell, City manager A roval of a resolution authorizing the City,e application to SUBJECT: the Emergency Shelter Grant Program RECOMMENDATION: Staff recommends apFroval SUMMARY: rePare and submit an application to the This resolution will allow the City to P funds under the Emergency Texas Department of Community Affairs requesting Shelter Grant Program. GROUPS AFFECTED: OR VROGRAIIS DEPARTMENTS sand agencies in Denton who assist i i Funds will be allocated to various group minister homeless. The Community Development Block Grant office will ad the funds. . FISCAL IMPACT: No impact on the general fund. Matching requirements are fulfilled by expenditures i.e. salaries, services, food assistance etc. of the agencies 4tl y su t% 4 ager p"oTred by: 'K aZ~ls.=~ ar ra oes Community Development Coordinator Approved: David Elli-8~~~ 0~✓ >xecuttve`A rector for Planning and Development i C i i I I 1799L # C. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DE TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS EMERGENCY SHELTER LTER GRANTS PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE EMERGENCY SHELTER GRANTS PROGRAM. WHEREAS, the City Council of the City of Denton desires to develop a viable urban community, including the expansion of the quantity and improvement of the quality of the emergency shelters for the homeless; WHEREAS, certain conditions exist which represent a threat to the health and safety of the homeless; WHEREAS, it is necessary and in the best interest of the City of Denton to apply for funding under the 1987-88 Texas Emergency Shelter Grants Program to meet the objectives and needs set forth above; NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That a Texas Emergency Shelter Grants Program application s hereby authorized to be filed on behalf of the City with the Texas Department of Community Affairs and that the City of Denton's application be placed in competition for funding under the Emergency Shelter Grants Fund. SECTION II. That the City Council hereby directs and designates the Mayor as the City's Chief Executive Officer and authorized representative to act in all matters in connection with this application and the City's participation in the Texas Emergency Shelter Grants Program. SECTION III. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1988. RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DNAYOVITCH, CITY ATTORNEY i~ I ~h f I 1 k i OF ti FILE ~F f(~ y!i 1