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HomeMy WebLinkAbout03-21-1989 a ' I CITY OF DENTON CITY COUNCIL March 21, 1969 Work session of taa City of Denton City Council on Tuesday, 1I March 21, 1969, al, 5:30 p.m. in the Civil Defense Room of City ) Hall, 215 E. McKinney, Denton, Texas at which the following 11 items will be considered. Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meettaq. 5:30 p.m, + 1. Consideration regarding a "Keep America Beautiful" application to become a certified city. 2. Receive an update on the Main Street Program and consider a proposal to create a Main Street Advisory II Board. 1 3. Hold a discussion concerning support for j implementation of a proposed medical examiner district. i j 4. Rer-nive an update from 2499 Task Force representatives. I S. Consideration of Council-Manager Goals and Plans Seminar locations and items to be :unsidered. 6. Executive Session: A. Legal Matters - Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate - Under Sec. 2(f), Art. 6252-17 V.A.T.S. - C. Personnel/Board App A ntments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. Consideration of an appointment to the Low/Moderate Income Housing Task Force and Electrical Code Board. j Regular Meeting of the City of Denton City Council on Tuesday, March 21, 1969, at 7:00 p.m. In the Council Chambers of City Hal?, 215 E. McKinney, Denton, Texas at which the following items will be considered: 4 7:00 p.m. i 1. Presentation of the Denton Fire Department Commemorative Album to the Mayor and Council from the Fire Department. r 1 City of Denton City Council Agenda March 21. 1989 Page Z 1J 2. Public Iiearinys A. Hold a public hearing and consider adoption of an ordinance requesting a change in zoning from planned development (PD-128) for a medical office to two-family (2F) zoning district. Petitioner is Jay Ballentlne. The property ie located at the southeast corner of Scripture Street and Fry --1 Street and more fully described in the E. Puchalski Survey, Abstract No. 996. If approved, the property may be utilized for any purpose allowed under the two-family (2-F) zoning district. Z-89-001. (The Planning and Zoning j Commission recommends approval). B. Hold a public hearing and consider a resolution approving pProval of n plan candidate waterand sewer th lines uto iserveof property to be doveloped by Triangle Plastics, Inc., in accordance with the approved guidelines for funding and selecting development plan candidate water and sewer lines. (The Public Utilities Board and the Planning and Zoning Commission recommend approval). 3. Consent Agenda approval tthereof wills bet strictlyeonm the ebasis tof thef Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or hic designee to implement each item in accordance with the Staff recommendations. Listed below are bids and approved for payment under the Ordinaurcha order t be nce se sections ofo the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4.A, 4.13). This listing is provided on the Consent Agenda to allow Counc.l Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: I 1. Bid 109953 - Repair Raw Water Pump 2. Bid 09957 - 2 Mini-vans i 3. Bid #9958 - Rental of Street Construction Equipment I 4. Bid #9961 - Purchase of 3 Riding Mowers J i P City of Denton City Council A;enda March 21, 1989 ` Page 3 I B. Tax Refunds 1. Consider approval of a tax refund for J. Corpening/MBank. C. Plats and Replats 1. Consider approval of the final replat of Phase 1 of the Audra Meadows Addition, Lots 25A through 26B, Block A; and Lots 20A through 3413, Block B; into Lots 25 and 26, Block A and lots 20 through 34, Block B. (The Planning and zoning commission recommends approval). 4. Ordinances A. Consider adoption of an ordinance accepting k competitive bids and providing for the award of contractP for the purchase of materials, egaipment, supplies or services. I B. Consider adoption of an ordinance amendinrt the schedule of rates for vater services by adding a ` new schedule WG1 (Government Sprinkler Irrigation Rate). (The Public Utilities Board recommends approval). h C. Consider adoption of an ordinance approving an agreement between the city of Denton and Municipal Code Corporation for the rep>>blicatioa of the City of Denton Code of Ordinances and approving the expenditure of funds therefor. D. Consider adoption of an ordinance amending the I Development Schedule for the Planned Development District approved by Ordinance No. 86-kio I (PD-125). (The Planning and Zoning commission f recommends approval) S 5. Resolutions A. Consider approval of a resolution authorizing the City Manager to file application with the Texas Water Commission for, and to take such other actions as are necessary to obtain authorization under state law to use water from Lake Ray Roberts. (The Public Utilities Board recommends approval). B. Consider approval of a resolution approving a park donation policy. (The Parks and Recreation Board recommends approval). 9 r a City of Denton City Council Agenda March ?1, 1989 Page 4 C. Consider approval of a resolution supporting the implementation of a medical examiner district. D. Consider approval of a resolution approving tho financing by the Hell County Health Facilities Development Corporation of a health facility located within the City of Denton, Texas. 6• Miscollareo,is matters from the City Manager. A. February Budget Recap J~ 7• Gfftcial Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Beard Appointments 8. New Business: This item provides a section for Council Members to suggost items for future agendas. I 9, Executive Session: A. Legal Matters Under Sec. 2(e), Art, 6252-17 V.A.T.S. B. Real Estate Vader Sec. 2(f), Art. 6252-17 V.A.T.S. i C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. C E R T 1 F 1 C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton. Texas, on the day of 1989 at o'clock (a.m.) (P•m.) hI 1 i CITY SECRETARY I i 30580 1 tA t J i I 1 , 14 I ~ I I I 11 1 • 1 f i (h J I ~f 1 11111111444 3 A DATES 0,3/21/89 CITY COUNCIL REPORT FORMAT 'ao A61 TOs Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager SUBJECTS KEEL AMERICA BEAUTIFUL - CERTIFIED CITY RECO_ MMENDATIONs Beautification Task Force recommends the City of Denton become a certified city in the Keep America Beautiful program. SUMMARYs A brief description of the program fe attached. BACKGROUNDS The Task Force was appointed in 1987 by the City Council. The charge of the group was to recommend ways to beautify the City of Denton. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Cititena of Denton FISCAL IMPACTS A 13,000 fee is required with the application and a $300 anneal fee ee general, the City will receive attached madescribes terials andatraining after cover. that equal in cost to the :ee required. ' ' Reap u1 y~Myieas Lloy V. Harrell Prepared bys City Manager Ccel.G Ze-Tie arson Urban Planner g ~ j APP veds . i i ran H. Aobjas, AICP Executive Director Planning and Development 3162A 1 ~ I ~ t t i KEEP AMERICA BEAUTIFUL DESCRIPTION Beautification efforts in the City have increased tremendously in recent years. The City Council has been extremely committed to this effort and appointed a Beautification Task Force in 1987. The Task Force has worked on numerous projects over the last two years directed toward promoting and encouraging beautification. After successful completion of several ordinances related to beautification, the Task Force would like to initiate a new phase of their efforts. The :isk Force hopes to expand the involvement of the community in beautifying the City by submitting an application to Keep America Beautiful to become a certified city. Keep America Beautiful, Inc. (KAB) is a non-profit public ser tce organization dedicated to building a "national cleanliness ethic" through an "educational behavior-based approach." i A four point program must be implemented which covers ordinance review/update, effective enforcement, broad based public education and consideration of various technologies available. KAB provides training workshops for the coordinator of the city's program, assistance from KAS representatives, and professional materials. Some of the materials are Pre-Certification Manual, Certification Manual, and Multi Material Recycling Manual. The training provides the coordinators with step-by-step pointers on how to organize and implement city-wide clean-up, recycling, and beautification programs. The Beautification Task Force feels that the resources available frog KAB would be extremely valuable. In addition, Keep Texas Beautiful is affiliated with Keep America Mautiful. Each year, Keep Texas Beautiful and the State Department of Highways and Public Transportation sponsor the Governor's Achievement Award. The winner of the Governor's Achievement Award in the population category which includes Denton is awarded a $1J0,000 prize to be used for landscaping. The Beautifi- cation Task Force believes that the City of Denton's chances of winning the Governor's Achievement Award would be greatly enhanced by Denton being a certified KAB City. KAS charges a certification fee to cover training workshops, counseling and monitoring, the certification meeting, organizational team training materials and other KAB system post-certification materials. This one-time fee for the City of Denton is $3,000. A program service fee equal to 10% of the certification fee is then payable on an annual baste of $300. This fee covers the coat of continuing monitoring and counseling, the monthly newsletter I Network for KAB coordinators, quarterly issues of the KAB system Vision, and 9 program and project ideas, and materiels. A training workshop is being planned by KAB for the early summer and will be held in Fort Worth. The Beautification Task Force would like to organize seven committees (see attachment). rbe Task Force would be responsible for coordinating the projects, and programs and directing actions by the committeesi. The system coordinator would be Cecile Carson who would be responsible for organizing meetings and assisting the Beautification Task Force. Other members of the Planning Department will assist with the process as well as representatives from Public Works, Parks and Utilities. { 3161& 1 f } s KEEP AMERICA BEAUTIFUL RECOMMENDED COMMITTEE STRUCTURE The following are examples of committees and their responsibilities that could be used to structure the Denton system: 1. Business and Industry Business of the month awards; act as peers for business cleanups; recycling programs; assist is adopt-a-street, type, projecte; act as liaison to Chamber of Commercei and host receptions and help with publicity. 2. Comunicatioas Acts as public relations end marketing arm; provide creative support; recognition signs; organize and prepare public service announcements, newsletters, and brochures; design logos; organize community pride organizational and provide regular information Co newspapers 3. Community Organizations Lission to civic groups, church groups, scout troops, and fraternal o:;anizations; provide information to groups about litter, recycling and beautification; assist in adopt-a-street, type; recruiting volunteers and membera; and providing speakers to organization. j 1 1570k/3 F 1 ri t ? i o keep Texas berutiful Page 2 4. Education Implement "Waste in Place" curriculum] sponsor and oversee campus cleanup; promote recycling and beautification; publicize Youth Awards; and organize programs for all grades. 5, Finance/Fundraising Secure cash sponsors; implement fundrateing events; membership drives; and supporting businesses (monetary or in kind services). i 6. Municipal Operations v Review ordinances related to beautification, litter, weeds, etc.; prepare literature about ordinances; support and assist Code Enforcement and Police; and assist in coordinating beautification efforts of city and 1 county organizations and departments. i 7. Special Projects Responsible for adopt-a-type programs (streets, highways, spot, railroad, etc.); organize city-wide cleanup day(s); organize recycling programs; assist in solving illegal dumping; organize neighborhood competition for cleanup; organize clean stations (centralized dumpster arena); and assist with business and community group cleanup projects. j I I i I 1370k/3 I . t + d i KEEP TEXAS BEAUTIFUL EXAMPLES FROM OTHER CITIES Brazos Beautiful 28 Members 501 C3 Non-Profit 1. Community Organizations 2. Schools 3. Business and Industry 4. Funding 5. Membership (1/2 of Budget) (Discounts) 6. City and County Government 7. Public Relations & Communications E1 Paso 30 Members 501 C3 Non-Profit 1. Adopt-A-Media Committee 2. Clean Builders Association 3. Downtown Beautificatioa Committee ! 4. Neighborhood Cleanup Committee I 5. Education Committee 6. Special Events Committee 7. Public Awareness Committee 8. Fund Raising Committee 9. Membership Committee 10. Community Pride Award Committee f Port north 22 Members 501 C3 Non-Profit and City staff + 1. Clean Neighborhood Committee ~ J 2. Public Relations Committee 3. Youth Education Committee 4. Government Committee Grand Prairie 7 Members City 1. Disposal Awareness Program 2. Waste In Place 3. Recycling 4. Adopt-A-Street 5. Beautification Greenville 20 Members Independent 1. Municipal Committee 2. Communications Committee 9 3. Civic Committee 4. Business/industry Committee 5. Education Committee 6. Yard of Distinction Committee 7. Award of Distinction I I f1 x Keep Texas Beautiful Page 2 Lake Jackson 9 Members City I. Education 2, Public Awareness I 3. Cleanup 4. Recycling 5. Enforcement Webb City/Laredo 42 Members Chamber 1. Business/lndustry 2. Municipal 3. Public Relations 4. Community Organizations j 5. Education 6. Recycling 7. Volunteer (Speakers Bureau) Lewisville 14 Members ChamL 1. Public Relations 2. Business/Industry 3. Municipal 4. Community Organizations 5. Schools 6, Finance 7. Recycling I Polk City 30 Members 501 C3 Noa-Profit N/A Angelina 26 Members 501 C3 Non-Profit/Chamber 1. Municipal 2. Schools 3. Business 4. Communications 5. Civic Organizations Midland 30 Members 501 C3 Non-Profit 1. Municipal 2. Parka f 3. Schools 4, Civic 5. Communications 6. Business/Industry 7. Awards i I 1570k/2 1) J ! i j y rA y I Keep Texas Beautiful j Page 3 I Fearland 20 Members 501 C3 Noa-Profit i 1. Public Awareness 2. Education 3. Law Enforcement 4. Recycle 5. Quality of Life 6. Membership 7. communication (Subcommittee of Public Awareness) 8. Cleanup Day Plano 9 Members City + 6 on eac~i committee 1. Business/Industry 2. Communications 3. Community by Organization 4. Education 5. Finance 6. Fundraising 7. Municipal operations 8. Neighborhood Associ4ti,)ns San Antonio 51 Members 501 C3 Non-Profit/City ` I. N/A Waco 36 Members 501 C3 Nun-Frifit 1. Municipal Operations 2. Communications 3. Education 4. Business/Industry 5. Community Organization 6. Recycling 7. Special Projects 1 I I 1570k/2 I k s ' r -17 EEO= I 'F i I Elll= 1 11 i i u f V y~ t , DATF% 03/15/89 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Llc.i V. Harrell, City Manager SUBJECT: D?.SCUSS PROVIDING FOR THE ESTABLISHMENT OF A MAIN STREET ADVISORY BONRD, ESTABLISHING ITS MEMBERSHIP AND DELINEATING ITS RESPONSIBILITIES. RECOMMENDATION: The existing Main Street Committee recommends that it be dissolved, having successfully discharged its responsibilities and that a Main Street Advisory Board be appointed as noted below. SUMMARY: i The 19-member beard would represent a broad cross-section of the community. The committee recommends that the Board include members from UNT, TWU, the Convention and Visitors Bureau, GDAC, a county government representative, the president of the Central Business District Association, a financial institution member, DISD, the Beautification Task Force, an attorney, a CPA, an architect, a merchant in the CBD, a property owner in the CBD, and two at large members. The Board's responsibilities would be to review revitalization proposals, promote revitalization efforts within the community, advise the Council of revitalization efforts, and report on the program's progress. BACKGROUND: The Main Street Committee, as created by Resolution No. R88-004, was successful in completing their charge as set forth by that resolution by establishing a Main Street Program in Denton and hiring a manager to administer that program. The Committee recommends establishing an advisory board to provide continued I support for the program. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Any group wits, an Interest in downtown development and revitalization will be affected. FISCAL IMPACT: NONE Respe ully~qubm ds I / VV Apps v : , Lloy V. Harrell City Manager ank H. Rob i , AICP Executive Director Planning and Development 2535a Ali i w v 1 ~'M I 1 4`t I j bill lie , R JEFF MOSELEY JUSTICE OF THE PEACE MU. INCT 1, GLACE I MR. LLOYD V. HARRELL MARCH 01s 1989 CITY OF DENTON ' 215 EAST MCKINNEY DENTON, TX 76201 i j Dear Mr'. Harrell} I { The time is right for Denton County to rtablish a medical I examiner's office. Let me explain. Denton County's rapid rate of growth, coupled with its A young population and proximity to the Metroplex, gives us a disproportionately high percentage of violent deaths. ; The bad news is that, our seven Justice Courts, currently charged J with death investigations, cannot keep pace with this high volumn of violent deaths. Frankly, we're out gunned. Only a full-time medical examiner's office can provide the necessary forensic expertise and statistics. Yet, to date, Denton 1 County, has no medical examiner. The oood news is that the Code V_f Criminaj Procedurg (Article 49.25 Sec 1A) provides for counties without a medical examiner (M.E.), like us, to enter into an agreement with a County that does, to create a multi-county district. On December 120 19e8, the Denton County Commissioners Court voted, unanimously, to have the court's attorney, Mr. Rob Morris, + gather formal bids from Dallas, Tarrant and Collin for the purpose of 1 creating a Joint medical examiner district with one of these counties. Mr. Morris is charged by the Commissioners Court to have j 1 all formal bids by March 1989 (the beginning of the budgetary process 4 j for the next fiscal year). Will your council loin me in supporting the creation of this Joint office for medical examiner services? i LOCAL 11141 770.7575 DENTON COUNTY GOVERNMENT CENTER , 6VI MAIN STREET METRO IZ141 9)R00 THE COLONY, TEXAS 7505E i I txa R 1 page 2 The District Attorney. SherifF and a majority of the Justices of the Peace support this program. They know that more murders will be detected and solved. more deaths due to infectious diseases (like AIDS) will be statistically monitored and the odds of an innocent person being wrongfully convicted is reduced to nothing (see enclosed newsclippings). It is estimated the cost of entering a joint africe agreement, with one of the .three counties, will cost somewhere in the range of .80 to $1.00 per Denton County resident (pop. 250.000) per year (see enclosed map, "Population by J.P. precincts"). This means only about $200,0)00. to $250,000. annually, For full M.E. services. The services would include, but not be limited to, an agent from the M.E.'s office at the scene of death, death scene training of law enforcement officers, autopsies, to>ricology, ballistics, transfer of bodies and forensic pathologists as witnesses at the time of trial. But there's more good news. Denton County, already, budgets i $100.000 each year for autopsies, alone. In other words, by budgeting only an additional $100,000. to $125,000. Denton County could provide the citizens of our community, with state-of-the-art I forensic investigation and procedure. i If you support the creation of a joint office for medical examiner, please pass a resolution from your council telling the Commissioner's Court how our community would benefit from this ine>ipensive service (see enclosed sample resolution). Remember, the deadline for gathering data is Monday, March 27. Your resolution can be mailed tot Commissioners Court, Caurthouse-on-the-Square, 110 W. Hickory. Denton, Tx 76::01. (Please cci me a copy of the resolution for my file.) I'll be glad to meet with you or your staff to answer any questions you might have. Please, don't hesitate to call me atr 214) 931-6070. Thanks for your support in petitioning the Denton County Commissioners Court to implement this very important crime-fighting tool. ry truly, / r inu M SELEY 1 1 sure P.S. With Denton County's rapid rat* of growth and proximity to the Metroplex, Justice Courts are faced with An increasing number of violent deaths and, more often than not, are unable to provide thorough, standardized investigations of tnpm. Let the Commissioners court know how important this inexpensive, yet effective, crime-fighting tool is by Qassina a resolution petitionina their su ar . r~ I vi l I r + MrTl= mrrT= nzciax;i i • ~ 1 i I EI= J 1 11 if A 14 11 11 A' 1 11 is I 141 -HII 11 01 ?1.-, 1171-11 I / i fA f m ; city of DENTON / 215 E. McKinney / Dentor, Texas 76201 MEMORANDUM DATE: March 10, 1989 TO: Lloyd V. Harrell, City Manager FE^Mr Roger Nelson, Administrative Assistant SUBJECT: CITY COUNCIL'S STRATEGIC PLANNING SEMINAR { The dato for the City Council's Strategic Planning Seminar has been set for Friday. May 12, and Saturday, May 13, After contacting a number of area hotels and conference centers, seven have indicated that they can accommodate our meeting on , the specified weekend. A summary sheet for each location is attached. The "comparison , cost" for each site is the a event at the facility. The figurestareo basedr upondi15 day conferences on Friday, twelve overnight guests remaining on Saturday, three gallons of coffee, 50 sodas, dinner on Friday and Saturday evening, and lunch in the conference room on both days. This is by no means an exact schedule of the event, only a uniform measurement for comparison purposes. if you have any questions, please let me know. Rog Nelson wp 10040 I I i k f. f RETREAT COST COMPARISON Garrett Creek Ranch $2,270.00 AMFAC/Hyatt Regency UFW $2,765.25 Tanglewood $3,068.38 Westin Hotel Galleria $3,339.26 Mandalay - Four Season $3,448.44 DFW Hilton $3,519.00 Las Colinas $3,996.00 j + i III` r I Ii 1 l I 09960/9 i i a i; Hotel: Mandalay - four Seasons Location: Las Colinas, Irving Room rate: $70 Single or Double Conference room: $75/day fee waived if Lwo mealb purchased per person per day. A. V. Equip: $20 fee. { Refreshments: Coffee - $27.50 per gallon 1 Soda - $1.50 each (based on conaumption) Lunch: Roll-In Deli - $15 to $17 Der person Dates available: 12th b 13th Amenities: Indoor Swimming, Tennis, Racquetball, Indoor Jogging Track, Fitness Center, Golf - 3 Golf Courses { Comparison Cost: $3,448.44 II ~ i i I 09980/1 J k y hotel: D.F.W. International Executive Conference Center Hilton Location: Grapevine Room rate: $56 All Conferees: $30/person/day Conference room: included A. V. Equip: Standard no fee. Refreshments: Coffee Breaks a.m. and p.m. I Lunch: Roll-In Deli 4 15% gratuity Dates available: May 12th b 13th Amenities: Two Swimming Pools (One Indoor and One Outdoor), Indoor b Outdoor Tennis Courts, Racquetball, 1 Fitness Center, Jogging Paths, Boating, Fishing, 1 Three 18-hole Golf courses available 1 Comparison Cost: $3,519.00 f i 09980/2 I I ri z 4 4 { u J I Hotel: Las Colinas conference center and Four Seasons Location: Las Colinas, Irving Room rate: $183 Conference room: Included A. V. Equip: Included Refreshments: Coffee Included Soda Continental Breakfast Lunch: Buffet in Restaurant Roll-In Deli/$3-4 per person service charge i Dates available: May 12th b 13th Amenities: Swimming, Tennis, Golf Comparison Cost: $3,996.00 I I E ' I Ali ~ I ~ i 09980/3 I 1 1 µ v Hotel: Westin Hotel Galleria Location: Dallas Room rate: $89.50 Conference room: Comp. witli lunch A. V. Equip: Included Refreshments: Coffee $1$25 eachal. Tea Lunch: Roll-in Deli - $15.50 per person + 17% gratuity Dates available: May 12th 6 13th Amenities: Health club-fee charged. Heated Pool, Jogging Path. Connected Galleria. University Club - Tennis or Racquetball k Comparison Cost: $3,339.26 k k I! i j i E I I ~ 09980/4 i 14 Hotel: Garrett Creek Ranch Location: Paradise, Texas Room rate: $140.00/S.C. Day Conferences: $20.00 per person - 2 meals per day 1 Conference Room: $45.00 per person - 3 meals per day/A. V. Equip., Inc. Refreshments: Coffee - Included Soda - $1.00 each Lunch: Buffet Breakfast and Lunch, gratuity included. I Dates available: May 12th & 13th I Amenities: Horseshoes, Volleyball, Swimming Pool, Par Course; Golf, Tennis - Fees - Runaway Bay, Trophy Club Comparison Cost: $2,270.00 ~I j I, f k i 09990/5 { 4 Hotel: AMFAC/Hyatt Rcgency D.F.W. Location: Fort Worth Room rate: $69.00/S.C. Conference Room: Waived it lunch served in room. A. V. Equip: $50 Refreshments: Coffee $22.00/gal. Soda - $1.30 each Lunch: Appetizers, snacks/menu added charge. Roll-In Dolt Bar. - Sandwiches, soup, desserts - $13.75/person. I j Dates available: May 12th S 13th fl Amenities: Swimming Pool, Health Club, Driving Range { Golf - Bear Crook Golf and Racquet Center Comparison Cost: $2,765.25 f ~ i i { 1 ~ i ~ 09980/6 II J I i 3 c y ~ R t w` Hotel: Tanglewood on Lake Texoma Location: Pottsboro J Room rate: $130.49/000. 1 Conference Room: Full American Plan Included A. V. Equip: Standard Refreshments: Coffee and Soda included for those on Full American Plan Da Conferees: $2.90 - $4.50 Day per person. Hceaks/Lunch ind, charge. Lunch: Three meals/day included on Full American Plan. Dates available: May 12th 6 13th Amenities: Swimming Pools, Tennis Courts, Dame Room, Horseshoe Pitching, and Volleyball - Included E Fees: Colt, Cruise Comparison, Cost: $3,068.38 I ~ I ~ r 'I a J i I 09980/7 I 1 4 i I i I ~ I ZEM= J ZLDZL= I 6A.J."4J 111 1-1-1 Ali Mimi I I I I I i I I I I 1 1 7 1 -1 -11 -1 r 1 I I DATE: 03/21/89 CITY COUNCIL REPORT FORMAT I TO: Mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PUBLIC NEARING AND ADOPTION OF AN ORDINANCE FOR 2-69-001 RECOMMEN_DATION7 Planning and Zoning commission recommends approval. SUMMARY: - The property is currently zoned PD-128 for medical office use. A f request for a change to two-family has been recommended by the Commission. The property is located in a low intensity area and less thin a proportionate share of intensity is requested. BACKGROUND: ~ to January of 19870 the City Council approved a change in zoning II from MY-1 to PD-128. PROGRAMS, DEPARTKENTS OR GROUPS AFFECTED: j Fifteen property owners within 200 feet have been notified. Ir I FISCAL IMPACT: h 'I No impact to general fund. ` Respect ly i + Prepared by: Lloyd V. Harrell City Manager j Cd.14~DA„~ Cecile Carson Urban Planner Appr ved: I I / 111 Frank H, obbina, AICP r ` Executive Director t Planning and Development 1657k rY Y i i ' PLANNING AND ZONING COMMISSION RECOMMENDATION To: Denton City Council Case No.: Z-89-001 Meeting Date: March 21, 1989 GENERAL INFORMATION Applicant: Jay Salentine Galveston, National TX io775S0ank Tower 702 Moody Status of Applicant: Owner Requested Action: A change in zoning from Planned Development-128 for medical office to two-family zoning district. Location and Size: Southeast corner of Scripture and Fry Streets Surrounding Land Use and Zoning: North - Flow Hospital - Office South - Residential - MF-1 East - Residential - MF-1 West - Residential - MF-1 Denton Development Plan: Low intensity area SPECIAL INFORMATION Transportation: Fry and Scripture Streets are both constructed. Remodeling of the existing structure without additions would not require platting; therefore, perimeter street ppaving and sidewalks would not be required. If the existing structure is removed and a new structure constructed, public improvements f and platting would be required. f Utilities: A 4" water line is available for the proposed land use. An existing 8" sanitary sewer on Scripture Street has adequate capacity for the proposed land use. CIP utility lines are planned to be installed in Fry Street. Drainage: No significant drainage features will be required. k + rl 1 J . (Case Z-89-001) Page Two HISTORY In January of 1987, the City Council approved a change in zoning from multi-family-1 (MF-1) to planned development-128 for a medical office. ANALYSIS The property is located in a low intensity area. The area is 20% over based on land use and 24% over based on zoning. Two-family land use will produce less traffic than an office and the intensity will be reduced for this tract. The request will be for less than a proportionate share of intensity. The medical office use was proposed as a compatible use with Flow Hospital. Because of the Flow Hospital situation, the medical office use does not appear to be an acceptable use for this tract. The surrounding area has single family, two-family, and multi-family residences. Therefore, the conversion of the property to two-family would be a more compatible use with the neighborhood. Planned development-128 required that the existing structure be converted to medical office; however, a change in the zoning to ' two-family will not require the existing structure to be used. The owner has submitted an application for historic designation 1 of the site. The Historic Landmark Commission has not made a recommendation on the request. RECOMMENDATION I I The Planning and Zoning Commission recommends approval of 1-89-001 ALTERNATIVES I 1. Approve petition 2. Deny petition I ATTACHMtNTS i 1. Location Map I 2. Minutes of Commmission meeting of February 8, 1989 3. Mailing List 2497a tA 11 1 Z- 89°001 WORTH OTC CC 1 aoa ~ p CL-° ,C f: t 1CC~CICQ~ -1~ 1 a 8CRIVTUR©~ ~E ]C-C © C W. o.. oo ®o© AKC ooo~Q®a L-J® D~CCy~I~Jo~° C ~ aaoa ~da® ~Qa o a aCaC~ ~ o~ ~ as 1 sNt i KCAL! "A16 DATE I ~ k f 1 i c February 8, 1989 F P&Z ebruary DRAFT Page 6 B. Z-89-001. Consider making a recommendation on the petition of Jay79allentine requesting a change in zoning from I planned development (PD-128) for a medical office to 1 two-family (2F) zoning district. The property is located at the southeast corner of Scripture Street and Fry Street and more fully described in the E. Puchalski Survey, Abstract No. 996. If approved, the property may be utilized for any purpose allowed under the two-family (2F) zoning district. Five notices were mailed to property owners within 200 feet; three reply forms were received in favor and none were received in opposition. STAFF REPORT; Ms. Carson reported that in 1987 the City co`unciT approved a change in zoning from multi-family-1 (MF-1) to planned development-128 for a medical office. She continued that the property is located in a low I intensity area. The area is 20 percent over based on land use and 24 percent over based on zoning. Two-familyland f use would produce less traffic than an office and the intensity would be reduced for this tract. Ms. Carson stated that the request +tould be for less than a proportionate share of intensity. ; Ms. Carson said the medical office use was proposed as a compatible use with Flow Hospital. Because of the Flow Hospital situation, the medical office use did not appear to be an acceptable use for the tract. The surrounding area has single family, two-family, and multi-family residences. Ms, Carson stated that the conversion of the property to two-family would be a more compatible use with the neighborhood. ids. Carson reported that planned development-128 required that the ext,iting structure be converted to medical office; however, a change in the zoning to two-family would not require the existing structure to be used. An application for historic designation of the site has been submitted. She concluded that the Historic Landmark Commission had not made a recommendation on the request. ' Ms. Brock asked if Fry Street currently had a sidewalk. Ms. Carson replied yes, though it was in a poor condition. Mr. Kamman asked why street improvements were not made when it was approved earlier. Ms. Carson said that since the Planned Development's access was on Scripture Street and not Fry Street, improvements were required for Scripture and not Fry Street. r I } P&Z Minutes February 6, 1989 DRAFT P a g e 7 Mr. Engelbrecht asked what could be established that would not adversly affect the neighborhood. Ms. Carson said the neighborhood has a variety of land usei and office use is still a possibility. PETITIONER: Ms. Carson stated that die to the weather, rFf Balentine was unable to come from Galvtston. IN FAVOR: None Present. OPPOSED: None Present. / l RECOMMENDATION: Ms. Carson stated that staff recommends approval. Chair declared public hearing clos,ad. i DECISION: Mr. Glasscock moved to recommend approval of Z-89-O T. Seconded by Ms. Morgan and unanimously carried f5-0}, i i ~ j i hI j r f 1 f, V+ Mailing List 2-89-001 + Richard A. Harris Jr. 1 425 Fry Denton County Denton, TX 76201 Tax A88883or Collector 1J 300 E. McKinney Homer B. B1y Denton, TX 76201 2108 Hoilyhiil Denton, TX 76201 11 Mrs. Winifred W. Earhart 408 Fry Denton, TX 78201 Flow Memorial Hospital 1310 Scripture Denton, TX 7820t Terry Land 3208 High Meadow Grapevine, TX 76051 Glenna 0. Bartlett 3049 Leahy Dr. Dallas, TX 78229 R.N. Realty Co. P.O. Box 2306 Demon, TX 76201 ; Beneficial Assurance Co. 5700 Wilshire 81vd. Los Angeles, CA 90036 V John L. Moody P.O. Box 1068 Denton, TX 76202 Charles A. Jamos Rt. 2 sox 936 Sanger, TX 76266 Tom D. Jester Jr. at al P.O. Box 280 Denton, TX 76202 James V. Kellar Jr. P.O. Box 2023 Denton, TX 76201 Ida Mae Bond 425 Ponder Denton, TX 76201 Dorothy J. McCabe 421 Ponder Denton, TX 78201 T^ NO. kN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANCE FROM PLANNED DEVELOPMENT (PD) TO TWO-FAMILY DWELLING (2-F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.209 ACRE OF LAND, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF SCRIPTUREPROVIDING FOR A ' STREET AND FRY STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; LT" VIOLATIONS THEREOFENAAND }PINOVIDINGA OR EFFECTIVE p~TE;0.00 FOR WHEREAS, Jay Ballentine has applied for a change in zoning for 0.209 acre of land from Planned Development (PD) to Two-Family (2- F) zoning district classification and use designation; and Commission Arecommended approval of989, retie planning and Zoning NOW, THEREFOCE, Quested change in zoning THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt $E~TION I That the zoning district classification and use designation of the 0.209 acre of land described in Exhibit "All, attached hereto and incorporated herein by reference, is hereby changed from Planned Development (PD) to Two-Family Dwelling (2-F) zoning district classification and use designation under the comprehensive zoning ordinance of thR City of Denton, Texas. Tj- 0- N Ij_ That the Zoning Map of the City of Denton, Texas, adopted thso 11th day of January, 19, as Code of Ordinances of the City of Deenton69Texasa No n undeer Ordinance . 69-1, as amended, is further amended to show, the change in the zoning district classification herein approved for the property herein described. JEDTIO_ IjjL That any person violet!.ng any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. UCTIO--- N Iy That this ordinance shall become effective fourteen (11) days from the data of its passage, and the City I Secretary is hereby directed to cause the caption of this ordinance i 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 i M1':.J d y/ r 5 l 1 PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY { APPROVED AS TO LEGAL FORM: I DEBRA N. DRAYOVITCH, CITY ATTOWY A I i BY: f ~ I I 1+ I ~ 1 1 I J j I i I A E XH E B t T "A' COLSMAN & ASSOC. SURveyiNG 417 S. LOCUST, SUITE 100 . A.O. BOX 666 • OENTON, TEXAS 76202-0686 • (817) 565-2215 .ti FIELD NOTES to all that certain tract of land situa•ed in the E,. Puchalski Survey Abstract Number 996 in the City of Denton, uenton County, Texas and being all of the North half of Lot 10 of the W,. Aw Ponder Addition as de- scribed in the Deed from James Blanton to Jay Balentine and Robert Moody, Jr. recorded in Volume 1958 Pate 728 of the Real Property Records of Denton Countyr Texas and that portion of a 20 foot alley along the Fast line of the laid lot closed by a resolution from the City of Denton recorded in Vol- - uma 434 Page 362 of the said Deed Records, as recognized and occupied on the 'E groundl ?he subject tract being more Particularly described as followsr BEGINNING for the Northwest Coiner of the tract being described herein at a chisled "X" found in a concrete walk at the Northwest Corner of the said Lot 101 THENCE South 87 Degrees 10 Minutes 17 Seconds East with the North line of the ` said Lot 10 at 171.99 feet passing an iron rod found at the Northeast Corner 6 thereof and continuing alont e:id course entering said allay, in all, a total ` distance of 181.49 feet to a Point in the center of the said alley for the f! Northeast Corner of the herein described tracts THENCE South 02 Deareea 49 Minutes 13 SOaonde West with the center of the said ally a distance of 5040 feet to a point for the Southeast Corner of the here- in described tract! TWCE North 87 Degrees 10 Minutes 17 Seconds Hest at 10 feet Passing the South- east Corner of the said Balentine-Moody Tract and continuing along said course, in alli a total distance of 182.00 feet to a found chisled "X" in a concrete curb at the,Southwest Coraer.of the maid tracts THENCE North 02 Dexr'ees 50 Minutes 13 Seconds East with the Hest line of the said Lot 10 and the East line of Fry Street a distanco of 50.00 feat to the PLACE or BEGINNING and enclosing 0.209 of an acre of land.. These Field Notes were areparei from a survey made on the around, under my direction and iuv4rvision in November, 1986,., Michael JF Kern R.•P.Sr No., 4158 Date 1PS~ OF•TF4' 4 • &P % i...u.......NU..1 n. MICHAEL J. KERN arse .....t G'~ES+stE?~! y' ~(je 54 i ri i 1 -1 A I i I I i I I' 1 i i I I I _ 1 a y March 21, 1989 CITY COUNCIL AGENDA ITEM !X140 , T0: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager RE: CONSIDER EXTENSION OF WATEP. AND SE6-R LINES TO VICTOR EQUIPMENT ADDITION. (Triangle Plastics, Inc.) ACTION REQUIRED: The 1989 Publ and cthet Pllanining8da Zoning Commission, iat their February meeting lof February 22, 1989, recommends to the City Council approval of extending 810' of sewer line and up to 1220' of water line at Victor Equipment Addition to serve Triangle Plastics, Inc., with the further recommendation that the funds for this work be taken from the Utility Department Economic Development funds for this purpose, and that the pro rata requirements forotthe cTorsitangloethPleasUttiiclsiPlaDnt not e subject pro rata charges. The epartment Economic t Development fund will be approximately $88,750, total for water and sanitary sewer lines. j SUMMARY: In compliance with the City's Economic Development Incentive Program, this industrial property is a candidate for Development Plan Line Funds reserved for interested industrial prospects. Triangle Plastics, Inc., of Winthrop, Iowa, intends to urcse all 16 acres of the Victor Equipment Addition and to b ildaat least one 32,250 square foot manufacturing and warehouse facility prodve, for the purpose of manufacturing injection moulding Currently, a 16" water line abuts the northwest corner of this property along Airport Road, and a 15" sewer line crosses the west end of the property. BACKGROUND: Plans are to extend an 8" existing 16" line, located at theenorthwestfcornereofesite f the Exhibit 1) across site, and approximately 20' inside of~north (see property edge and to bore under Airport Road and connect to the existing 16 line on the north side of Airport Road. The sewer line will be extended from the manhole located on the 15" i outfalI sewer IIne, located on the western side of site, and j will be extended across site to serve entire site. In the future, if the developer subdivides site and sells off I chargessoffwater~and purchasers may soldb property subject of to subpro divided site. f i i { i I li i y~ City Council Meeting Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Denton Municipal Utilities, Developer, and Citizens. FISCAL IMPACT: initially, the Triangle Plastics, Inc., manufacturing facility will employ 37 people, generating a payroll of over $600,000 annually. Employment is eventually expected to grow to 50 people. Municipal tax revenue from the property's land, { building, equipment and inventory, should amount to over $11,000 annually at the present tax rate and appraisal value. In addition, the manufacturing facility should generate at least $110,000 annually in municipal electricity use net revenue. I Respe ully submitted, L o Harrell y Cit- Manager ; 1 Prepared by, 1 David am, Director o Water/ Wastewater Utilities Approved by, A4, I Tf:Re son, xecut ve rector Department of Utilities Exhibit I Site Plan h II Economic Analysis III PUB Minutes of February 14, 1989 1 IV P&Z Minutes of February 22, 1989 I F325U:18-19 1 i c ~ LEGEND II w. ~ I EXIS'ING S S -S~ EXISTING W L. =w EXISING M H. -s-0- -EXISTING F H PROPOSED S S-S-PROPOSED W L ..~~w sTC~ / PROPOSED M H -----S- PROPOSED F. K ~.w= I PROPOSED C O, --0--sue"' PROPOSED VALVE 04 - EXISTING VALVE =-M#4m--- LOCATION MAP AIRPORT RD. FM. 1515) •-w • Is" x mow. _-1220 _ 000 i4 - . w 20' UTILITY EASEMENT 040000 (PROPOSED 6' Wa. l ~ y ~I ti ~ I 000 of ~GIEEK 1_ i I i l •SO 440 f POND I E + TRIANGLE PLASTICS WATER SITE PLAN I 1 1 7 i LEGEND EXISTING S S -9- -EXISTING W L - --.w-_- EXISING M H. EXISTING F.H. ~w W PROPOSED S S- S- PROPOSED W L ~.~.W `'-srrc~ n/ PROPOSED M K -4..-S- PROPOSED F. H. ~...w Z PROPOSED C 0 --O-S--A- PROPOSED VALVE -"-C4~ EXISTING VALVE+•M+4~~ LOCATION MAP AIRPORT RD. EM.15151 a ISO 1220 r 20' UTILITY EASEMENT I l ~i ~ ti I. i ff 1 ~Rt~PgOSED t 1 i / ' • / / i $50 po $30 640 POND I I r. TRIANGLE PLASTICS SEWER SITE PLAN i FINANCIAL ANALYSIS-TRIANGLE PLASTICS (Formula: Net cash flow=Benefits-infrastructure &/or capacity related costs) Benefit Analysis Sources & Assumptions Total Payroll $600,000 Total Payroll-Triangle Plastics (per Bruce Neely, Triangle Plastics) Less commuters income 0 Commuters income-(Bruce Neely, Triangle Plastics) Less all non-local taxes (23.0$) (All payroll is for Denton residents (Withheld payroll) $138,000 ! Sub-total $462,000 Tax Revenue/ValuatiJns- Central Appraisal District/City Staff/ Triangle Plastics Plus tax revenue from plant + 11,334 j Plus Utility Net revenue +1100000* Source of. Guide to Industrial Development Benefit Model: by Dick Howard TOTAL BENEFIT $ 583,334 Land= $432,864 /100 x .5928 = $2,561 Minus cost of Wtr/Swr ( 88,750) Bldg= 680,000 /100 x .5928 = $4,031 Net Cash Flow $ 4940584 Equip= 300,000 1100 x .5928 = $1,778 Invent =500,000 /100 x .5928 = $2,964 '2,500,000 KWH x 4.4 cents per KWH Total $1,912,864 $ 11,334 Land: Entire Tract of land = 29.990 acres Valuation = $809,865 Value per acre = $27,004 Triangle purchase = 16 acres ' Value = $432,064 001:TRIPLA.PRO F s s ~ k 1 EXCERPT FR%1 pUB ~1IN'UIES OF FEBRUARY 14, 1989 EXH `BIT. 3. COfISIDER £7{TENSION OF WATER AND SEWER LINES TO VICTOR EQUIPMENT ADDITION (TRIANGLE PLASTICS.) Nelson advised the Board that Triangle Plastics is the the proposed new industrial firm that has been discussed in prior meetings. In compliance with the City's Economic Development Incentive Program, thi:c industrial property is a candidate for the Industrial Development Infrastructure Assistance Funds reserved for qualifying industrial projects. Triangle Plastics, Inc., of Winthrop, Iowa, intends to purchase all 16 acres of the Victor Equipment Addition and to build at least one 32,250 square foot manufacturing/warehouse facility there for the purpose of manufacturing injection moulding i products. Ham called attention to new information sheets that were distributed. Nelson reviewed the site plan ` with the Board. }E Frady asked if an 8" line is all that is required. Nelson stated yes, since the 8" looped line being I tied to the 16" line can easily deliver the J required 3000 gallons per minute required. I Referring to the site plan, Nelson noted Lot 1B is where Triangle Plastics, Inc., plans to build their I facility. It is a 16 acre plot and they plan o sub-divide this and build on Lot 18. The total cost for extending water and sewer lines is $88,750 Laney water asked line in front of Lot s 1B1e Nelson p replied into `e 16 yes. I Ham advised that the State does not allow a tap made under their highways when such tap serves only a single lot. j Thompson asked if the sewer line crosses diagonally I across the property, of what use would this property be in the future. Nelson stated that any 1 structure located on that property would have to be placed in such a way so that it will not set over the sewer line. Thompson commented that an installation of this type would appear to wipe out the ability to use that piece of property. Laney concurred. i y, e d 9 Ham stated the Utility could lessen the expense by dead ending the line, but he didn't like to do this. Laney commented it would seem that this line could be placed as the City would any residence. Nelson or domestic h purposes. if water we ruto be use n one line, itll be f will-probably require a 10" or 12" line which would result in large volumes of stale water being delivered to the property. LaForte asked if there was a fire at the plastics plant, which installation would offer greater safety. Ham stated the loop installation which was submitted by Staff. Laney commented this would serve the sprinkler system in the building. LaForte asked the additional cost between the alternatives. Ham stated approximately difference in cost. LaForte stated that if we do not extend the line as requested, we lose the safety factors. Nelson pointed out that quality of water is also decreased. Holt commented that lot 1A, although in the flood plain, will have a net of approximately 3 acres for some future use. Laney also noted that any motion must include the caveat that the money used to install this line k will be subtracted from the $400,000 alloted to the Development Plan water/Sewer Line Fund. Nelson pointed out the financial analysis in the Hoard's packet on this item. The benefits are listed according to the adopted policy and also the show a utility sales ,000 of ag2.5 ainst million a total H cost of benefits are $580 $88,000. Thompson asked if the subject lines were included in the lots presented at the public hearing at the joint PITH and Pit meeting of the 9th of February. Ham stated no. That this candidate is considered a prospect for Industrial Development Infrastructure Assistance (IDIA) and therefore, not subject to normal "candidate line" channels. Frady made a motion to recommend to the City f e council approval of extending 8101 of sewe► line and up to 1220' of water line at Victor Equipment Addition to serve Triangle Plastics. Second by Chew, with the further recommendation that the funds for this work be taken from the Utility Department Economic Development funds allotted for this purpose, and that lot l8 on1Y of said property not be subject to pro rata payments. l ~ Holt advised that in the future, Triangle Plastics may extend onto Lot 2 or Lot 1. There is also the possibility on Lot 2 that the Economic Development office may be working with another "prospect" for IDIA fonds. Lot lA is not going to be a real good J prospect for future development due to the 1 irregular lot lines and the fact that only approximately 2.5 acres will be available. Laney called for a vote. All ayes, no nays, motion carried. I 4. EXECUTIVE SESSION. The Board adjourned into Executive Session at approximately 7:45 AM. 5. NEW BUSINESS. The next PUB meetiny was set for February 25, 19890 at 5:30 PM, Civil Defense Room. i 6. UTILITY DIRECTOR'S UPDATE. , a. Received updated CIP Calendar. 7. ADDITIONAL INFORMATION The meeting adjourned at 8:30 AM. i i i i DRAF~ Idinutes Planning and Zoning Commissinp February 2Z, 1989 The regular meeting of the Planning and zoning Commission of the City of Denton, Texas was held on Wednesday, February 22, 1989, at 5:00 p.m., in the Council Chamber of the Municipal Building at 215 E. McKinney Street. Present: Euline Brock, Jim Engelbrecht, Ivan Glasscock, William Kamman, Etha Kiker and Fraa Morgan Absent: Judd Holt Present from Staff: Frank Robbins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Cecile Carson, Urban Planner; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; Lee Allison, Senior Civil, Engineer; and Allan Mackenzie, Administrative Secretary i 1. Minutes Ms. Brock moved that the Minutes of the January 25, 1989 Planning and Zoning Commission be amended as follows: Page 4, Paragraph one, the word "destination" be changed to "designation." Ms. Brock asked for further corrections and comments. With no further changes, the Commission moved to approve the Minutes of the January 25, 1989 meeting as amended. It. Public Bearings A, Hold a public hearing and consider the expenditure of designated utility Capital Improvement Plan (Cl?) funds for an industrial prospect (Triaigle Plastics). Ms. Kiker arrived at the meeting. II {1I i i i h i w ' r I nut es Planning and Zoning Commission D S, IL y February 22, 1989 Page 2 D STAFF RE-PORT. A s recommenaton fromthePublic sUtilities Board that a portion of the funds set aside for industrial development purposes in the CIP program for this current fiscal year be used to extend utility services to a portion of the property adjacent to The V iangle i ctoPlastipment Using to be utilized by } Mr. Allison showed the location iofptheeTriangle' Plastics site, which is comprised of approximately 16 acres. lie continued, statinft that Triangle Plastics had expressed an intention to divide the area into at least two lots, and identified by staff as Lots JA, 1B, ossib andl2.a third Mr. Allison explained that he did not have exact ' dimensions for the lots. Triangle Plastics would build their facilities on proposed Lot IF. Lot IA might be considered a part of their current use or ! for future use. Lot 2 could be sold off to another entity in the future. Mr. Allison explained that to provide utility service to this property, in accordance with the Subdivision Regulations, a water line would need to be extended along the front of Lots 1A and 1B with a bore under the highway to tie back into the existing 16" water line. Two fire hydrants would have to be Installed to serve the particular property. Mr. Allison added that since the property was along an I:'4 road, parallel water lines were seeded to prevent frequ3nt destruction nf the road. Mr. Allison explained that an existing sewer line would have to be extended from Lot IA, across the frontage of Lot 1B over to Lot 2. If Lot IA should ever be sold or developed by Triangle Plastics in the Future, they would have an option of extending a sewer line across the front of Lot IA or of tying andopayingSa through onh that particular t line. Atty this time, however, since they are planning on using 18, staff has not reviewed those alternatives. k Mr. Allison reminded the Commission that $250,000 was allocated during the previoushe funds in year CIP program for water line Improvements and $2S0,00 for sewer system improvements and the funds were, to be used for extending water and sewer l services into undeveloped areas of the City. Staff his recommended a policy allocating $400,000 of that i Minutes Planning and Zoning Commission DRAFT fiebniary 22, 1489 Page 3 money be set aside for a six month period to be used to attract new industries into Denton. The policy would also set up a :coring criteria, as indicated in the backup materials. Mr. Allison indicated that as a national industry, Triangle Pla^tics met the requirement outlined in rho Denton Development Plan that Sit of its business be conducted with entities outside the city limits of Denton. lie advised the Commission that the Public Utilities Board had recommended the approval of the use cf these funds for Triangle Plastics. The estimated cost of extending the utilities is $88,750. lis. Brock asked if the Commission was being asked to make a recommendation to the Council on allowing this expenditure, not necessarily a specific sum. Mr. Allison confirmed this statement. Ms. Brock noted that there was some discussion in the uackup material about the problems that might arise from having the lines go across Lot IA at that angle. Ms. Brock asked if the placement of the line would cree r any problem of development of that lot as a separate lot, especially considering the placement of the creek and the position of the lot in the floodplain. Mr. Allison confirmed that the lo,; was in the floodplain. He suggested that from a developer's standpoint the placement of the 15" sewer line would make the marketing of the property difficult. He stated, however, that placement of the line was standard, as it relates to the floodplain. The line will be placed there no matter who owns the lot. However Triangle Plastic decides to develop the property it will be at their own risk. Mr. Glasscock inquired if a parking lot could be built on the lot. Mr. Allison stated that an easement already exists across the property, allowing Triangle Plastic to place a parking lot on the property, while still allowing the City to enter and perform maintenance and repair work on the line. Mr. Robbins noted that this issue was a staff originated development scenario that was drawn up for the purposes of estimating costs to develop the entire property. If the lot lines were drawn as presented to the Commission, Lot lA would have over j one acre of developable land outside the floodplain 1 that would not be encumbered by the location of tie sewer line. S If I I i ! tilinutes Planning and Zoning Commission February 22, 1989 ~f Page 4 Mr. Kamman questioned the backup material, stating that, as presented, the payroll of $600,000 did not vary with the number of employees, either 25 or 50. Mr. Allison agreed. lie stated that he was uncertain about Plastic the figures, by e Bill HoltmoflthebChamber Triangle Commerce. Mr. Robbins suggested that such questions might be directed to Mr. Neely of Triangle Plastics. IN FAVOR OF TRIANGLE. PLASTICS: Bill Holt, 1321 m erst, D rector o conomic Development for the Chamber of Commerce, stated that the Chamber had been working with Mr. Neely and Triangle Plastics for several had months, chosen and that to locate he thwas eir very ed new plant that they facility in Denton. In direct response to the questions concerning the payroll, he stated that the numbers were predicated on the day that they opened for business, based on staffing of 37 employees at the $600,000 payroll. An increase to 50 employees, the high number based on the existing facility, would increase the payroll. Given the track record would with felt that the additionexpansion the company nfuture, Holt of i new occur in employees. HP commended the City on its forethought in allocating funds for development, and commented that Triangle Plastics would be a positive corporate citizen in the community, bringing jobs and other economic activity with them. Mr. Holt also indicated that Triangle Plastic would invest a great deal in the, appearance of the property. Ms. Brock asked Mr. Neely if lie had anything to add. Mr. Neely stated that he would be happy to answer any questions. OPPOSITION: None Present. j DECISION: Mr, Glasscock recommended approval of the petition. Fran Morgan seconded the motion. Motion carried 6-0. i I I i RESOLUTION NO. A RESOLUTION APPROVING THE FUNDING OF PLAN CANDIDATE WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY TRIANGLE PLASTICS, INC., IN ACCORDANCE WITH THE APPROVED GUIDELINES FOR FUNDING AND SELECTING DEVELOPMLNT PLAN CANDIDATE WATER AND SEWER LINES; PROVIDING FOR THE WAIVER OF PRO RATA CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Triangle Plastics, Inc. is prcposing to construct a manufacturing plant within the city of Denton and has requested that the City grant incentives to it in accordance with the economic development policies of the Denton Development Plant j WHEREAS, the City Council has adopted Guidelines for Funding and Selecting Development Plan Candidate Water and Sewer Lines co carry out the balanced growth and economic development policies of the Denton Development Plan; and WHEREAS, the Public Utilities Board and Planning and Zoning Commission have considered and recommended that the request for City funding of sewer and water lines to serve Triangle's plant site and the waiver of pro rata charges for connections made to such lines be granted; and WHEREAS, the City Council has determined that the request by Triangle Plastics meets the requirements and qualifications of the Guidelines for providing industrial development infrastructure assistance; NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I, That the request of Triangle Plastics, Inc. for City funding of a water and sewer line to serve its property to be developed r.s a manufacturing plant, is approved to the following exte-.tt (A) To serve Triangle Plastics' proposed plant site, the City of Denton will extend, at its cost, an eight inch (809) water line approximately one thousand two hundred and twenty feet (12201), as shown on the Water Site Plan, attached hereto and incorporated by reference. (B) To serve Triangle Plastic's proposed plant site, the City of Denton will extend, at its cost, an eight inch (811) sewer line extending approximately eight hundred and ten feet (8101), as shown on the Sewer Site Plan, attached hereto and incorporated by reference. SECTION 11,,_ That, as permitted by the Denton Development Code, Triangle Plastics, Inc. shall be entitled to a waiver of the payment of water and sewer pro rata charges for connecting to the lines herein authorized to be constructed, if, at the time of the J requested connection, the lot to be served is being or has been developed by Triangle Plastics for the particular use for which industrial development infrastructure assistance has been approved. SECTION III. That the cost of funding the water and sewer lines herein approved shall be paid from the funds currently budgeted for industrial development purposes. ! PASSED AND APPROVED this the day of , 1989. 1 RAY STEPHENS, MAYOR k ATTEST: I JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY J BY: r.} 'YV1 i 89-117 i 1 I i r~ r-rrm it I 1 i ~ I i rTT= i Lll= 1 1 1 ,A J CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Joseph D. Corpening/MBank RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for documenta- been the taxpayer. All requesting mthis erefund, which the necessary Technician tion Refund recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. MBank has requested a refund in the amount of $ 932.23 because they over- paid Joseph D. Corpening's account, # 8907-00085. BACKGROUND: MBank made a payment of $ 2,044.60 on January 31, 1989. Tax records indicate payments of $ 2,044.60 against a tax base of $ 1,112.37. A tax refund is due. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Joseph D. Corpening FISCAL IMPACT: $ J32.23 ' RESP FULL SU TTE , v ~ Lloy4Y V. arre City Manager Prepared by: ame Vic Schneider Title Tax Technician Approved- a Jim B yard le Treas rer 2633C/3 1 1 I a star, p„p.,y n, ac„e APPLICATION FOR TAX REFUND RarundApplkatfon 3L1tpH21 Collecting Office Name. _ City of Denton - Tax Department Collecting Tax For: _ City of Denton (Taxin 6201 Units) 215 E. McKinney, Denton, Texas, 7 Address City, State. Zip Code - - - w - ..I In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: _Joseph D. Corpenina Address: 2800 Continental Plaza Ft, Wor h T xa 1 Telephone Number (if additional information is needed+: 6- 1 726 and 817 921-8118 IDENTIFICATION OF PROPERTY: ~I I Description of Property: A0517A Hagood, Tract 3A (2), Acres 15,733 - Address or location of Property: - Account Number of Property: 8907-00085 or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested - Is Requested Tax Payment Taxes Paid Requested t, City of Dento4g 88 1/31 / 19 89 S 2.Q44,.F0 S 932.23 2, 19 / 19- S 3, 19 /19_ S $ - Taxpayer's reason for refund (attach supporting documentation): )(Bank Fort Worth overpaid Joseph D. Corpening's Account k 8907-00085. MBank's check was for $ 3,044.60, while the taxes due were merely $ 1,112.37. " l hereby apply for the refund of the abov"escribod taxes and certify that the information I have given on this form is true and correct" , f signature /YI/r-~n E Pl e / Oats of Application lur Tax ' •'und -t f 1 c'rZ/,e-L Ze/m .~L~.- DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date f ! Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Any person whomakeaalots* entry upon the foregoing record sha0be sub(edlooneolthNo0owingpenaltles; I. Imprleonmentof not more then 10 yarn not lees than 2 years and/or a fine of not more than 16,000 or both such In* and Imprisonment; 2, connnement In fall for a term up to 1 year or a One not 10 exceed $2,000 or both such Ons and Imprisonment as set forth In Section 27.10, Penal Code. fA I .1 TAX STATEMENT YIOUR TAXES ARE DUE OCTOBER City of Denton Tax Depanment i lit AND BECOME OELINOUfNT WE Denim Ma 1, 1d Sr. FBAVARY lit. SEE E AEVIYERSE Aemon. tewe fe.vr SIDE FOR PENALTY AND INTER- PH0AE Y66 8J18 EST DETAILS. ---1 .tic t s~ l Trn 3P a wnmoo 00 03 ALUM i i a Sole ~rPen~>1q q~~-~r 0 j J 1989 , ' h+teat i FOR RETURN RECEIPT, SEND BOTH STATEMENT PAM W"14 SELF-ADORE 0 ENVELOPE I I 1 I i I 1 ~ I I i 8 f { V 385307 CASHIER'S CHECK S REMITTER: MBank y~nr}~Wo th January, 31_ .19" PAY $**2044,60** TO r City of Denton Tax Office _ THE 215 E. McKinney ORDER Denton, Tx- 76201" N'38530?e 1:6119002 am w005r003-9M. , = i t f II . f M _ J I I i 890700075 1988 THAU: 890700116 1988 H 09 4ffi;f DATE 113110 TAX TRIAL WJYICE AIAL PAfE rQ2 'BNLTY EFFECTIVE mm MTN GA ~ ACOQOCT ! YEM wm NET TAX CODE A PD-OATS TAX MID PETI MID EAR DUE PE11 DUE TOTAL DUE ACCOLN + 1• RR.O. ELLOU11 YINONN l9p7{q i • O. B1W1a MOfoom 1tDONB1; R:0: ELLOUIR Y1NNN1 PCDd9dl R.O. EiLOU111 22 VNNNN lp app KAifEIP"DD LTD JN S7S. Y1N000 12130 S1S. u 1. 23. l9o°~r, M00:39 t 2 ~ 072 .3D ACCOUR TUFAAL 256.97 C 16 4lNYNON~ 15 1.1 Ti.S 190 i, 0 1112 i TINQIG f /31 99jim 1 i 700 • "1NlQIlf- PCOp90lJ.• R. ~L I--.--_ YMOOMN 781/Sll 100001ILi. 1..0p., ELLOUI ff YNON - r SS IW, JM. L ELLOU E VwVW N 11/07 IS 25:79 Alt. S ~70G TM I j ITAF.gM,' JCM L YINYIOm i i =OE• RLY • •?n. ACCOIIff„TORAL lay. !:V 111F10AAG a~pppp ,,pppp app ~ p YNNN91 40/31 12 JIM ST SOD IW 1Y em YNIY'7Ni 316 tCOtNFOf ~ J III a IBM I A33 :71 yyp I JIRO .93- M SW NMI T SAV lObl i YNIN %10 we, MORT TFIM V dW misom 1%}Qij ~T1ll~fY9 i • M0.! SXlON1 AU 1 1100 111522! 1 Ir WNW, /80700111 0 Par, TIN COR► 3:00 V NONN 12/16 6m: .00 3A0 i5 ~ 33 ACCWR TOTAL 3 ti NNW! q~ EF 10*111 SH, 0~E M JR :T11 ! ` .1 1 F I 1 890700117 1951< THRU: A90700169 39115 0 02 ~ MTE 1n 1/l9 TAR TRIAL MALANCE PAtf PAT O EFFECTIA NUT "WN ~AUOIM 1 Yrt:1R /Ort TOT TAIL C A PO-DATE TAX PAID PEN PAID TAX Ol1E PEN DUE TOPIC DUE IlcrMr i , ry I I ~ it 1 I I i I i i i l } e~ DATE: 03/21/89 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of th, City Council FROMI Lloyd V. Harrell, City M,~nager SUBJECTI PUBLIC HF,ARING FOR THE REPLAT OF AUDRA MEADOWS, PHASE I RECOMMENDATION: . At its meeting of March B, 1989, the Planning and Zoning Commission voted to recommend the approval of the final replat of Phase I of the Audra Meadows Addition, lots 25A through 268, Flock At and lots 20A through 348, Block Bt into lots 25 and 26, Block At and lots 20 through 34, block B. SUMMARY: This is a two phased subdivision, and Phase I contains 2,512 acres, The entire subdivision will contain 7.403 acres of single family lots. The City Council approved a Planned Development amendment to single family lots on February 21, 19890 and the Planning and Zoning Commission approved the preliminary plat of both Phases I and II on ` February 22. The City Council approved the preliminary plat of Phase I and 11 on March 7, 1989. This tract is located west of Loop f 288 and south of Audra Lane and located in the M.F,P. i P.R.R. Co. i Survey, Abstract No. 927, Denton County, Texas. BACKGROUND: The property is zoned Planned Development and single family residential development iF anticipated. Pinal platting and development of Phase II is contingent on installing the appropriate utilities, and repaving of Bayfie'd Street. City services and facilities including water, gas, sanitary sewer, ' telephone, electrical, and solid wrste are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Property owners FISCAL IMPACT: Not applicable I 1 1 E Y Audra Meadows, vilase I Replat March 14, 1989 Page 2 / Resp fu y/~ubat,Cedt Prepared bys Lloyd V, Harrell City Manager Owen Yost Urban Planner Appr vedo / P ank H, Robbinsi AICP Executive Director Planning and Development 3158g I I i i 1 y J 111 J I z I i x r I 16. 1 Wall's r ~ i I 1......{i..~. d U L,..,.} I t l f, 1 I i~ ~ U ~ I......1 I ~ I ff I ~ } ~ I a I J i i lt~i a~lt~ I L 14+ I I~ 1 ~I ne as U le~,..~ I~r V y f0 I r I 35 I I~ i n l N f~ I u~ I u u 1 1.,. I 4-4 I + I i +11 a u + 111 j eel n ft II ~ to 30 I......} I + 9~ L.....1 + f+ PHASE ONE ~°ie~e~~Mr n r V I I FINAL PLAT 1 I 1 a AUDRA MEADOWS' q i 1 j WOFA LANE I ooooo/ LOCATION MAP I ~ ^e ~I i I i i r y , I i t ~ I f L I I , NO. I ' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OR RENTAL OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- vent, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hereinbelow described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and ! WHEREAS, the City Council has provided in the City Budget for thn appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY Of DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City's Purchasing Agent filed according to the bid number assigned thereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMDEa MBE VENDOB AMOUNT 9953 All Smith Pump Company $ 15,090.00 9957 All Bill Utter Ford $ 230265.00 9958 All Dustrol $200,000.00 9961 All Jacobson Turf $ 20,475.00 SECTION 11. That by the acceptance and approval of the above ! numbered 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. "CTION Ijl," That should the City and persons submitting approved and 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 I I I I s ~ V 4 y { y a 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 Iy,_ That by the acceptance and approval of the above numbered items 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 immediately upon its passage and approval. PASSED AND APPROVED this the 21st day of March, 1989. RAY STEPHENS, MAYOR ATTEST: : I JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: { 1 . 3 ' PATE; March 21, 1989 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: 19953 Repair Raw Water Pump RECONIENDATION: We recommend this bid be awarded to the low bidder Smith Pump company at $15,090.00. This includes labor and transportation at $5,620.00 and estimated parts at $9,450.00 for the total of $15,090.00. SUIVAR1: This bid was sent to the four available vendors in the metropl.ex. We received two bids as per the tabulation sheet. The cost for parts is estimated and the labor and transportation is bid. We may use more or le cost of parts depending on the condition of the pump. We have a detailed cost of the parts list. The utilities board will review this bid before th9 Council meeting see attached it is recommended by the Utility Staff to the Board. BACKGROUIIO: Tabulation Sheet - Memo to Utility Board. i ~ PROGRAMS. OEPARTMEIITS OR GROUPS AFFECTED: FISCAL IMPACT: There is no additional impact on the General Fund. Respe Ily submitt d: Lloyd Y. Narrel City Manager Prepared by: MO h J. Marshall, C.P.M. r Ticle:Purchasing Agent I 1 Approved: e: n J. Marshall, C. -P.M. 1t1e: Purchasing Agent i I 1 I L I I I I I' h I I BED 4 4951 I I BID 1111E REPAIR RAN NA1ER PUMP I SMITH PUMP I ELY MEIER% ______•---i COMPANY I PUMP ` ~ DPENEO MARCH 4, 1484 I I _ t I ACCOUNT f b20 OBI 04bD 8339 • I I 1 I I I I I B I QTY S )TER DESCRIPTION I VENDOR I VENDOR 1 I LOT I LABOR AND 1R06R1Ai16N •I••51810.00 1 9400.00 i~ I I I t ` Z 1 EDT I ESIIMA10 PARIS I 91450.60 1 91450100 II I t 1 S I I I I h I I I I Ir` F t I TOTAL I 15,090.00 I 181850.00 I v h l f I~ I h `I I f tA i , w , y f:SIIC 'JTWES E:A1D AWN 1TEd F1M:i WON . NE FaM :11:11:E5 IND ORE:1LF, Y ;TINES: Ss,th hr; (";'"Y far af 1 Far data f,ap 5c, r %,v Utr1iC 61 Staff recaaaer;s a;;rcvil tf t`t attached coatratt fcr the rt;u r of the Par War P61P No, 1. I °,~Ey; Se al ;d bids hart cc;rad !arcl 4, 1164, the recoatende7 bId r-rtw s the :cefst traluitid bid, Tht currant ru wator ;a»inq syttts has a rated capacity of KD fetlli:n ;all:-,t ;er dayi, w'rtn p,r:P No. d 'A of teriice, tlt rated saran ty tecccas 22 ISO, The :4S2 Utilities Fx east projected lhit tee pair day ilcns will be about .b 7bD darir; tht uttir, Ai;urs to Fuse So. { are ctccst;ry to provide for 1 a rt:iatit water s.pply. WOES AF Ali rate custcsua of the City of Cthtoe der:nptl Ctilities, t'e Utilities :tpartur,t and Salth Pus; Ccepaay, I i F1S9 fends AraiUSle ~ UNtit Ou,Elfitd IQ,!?2,t6 bid Asount pccuat Over Adsrl r2,7)l,22t IjQt Jl Some of US 1'a:er Pan's ~ t22•t62-tiSi•Eil9 I P 9 4 I cc I ,t: 3r; F.E.. ell' WW OILIN'S I I i E~~it;t i Yttsr Pr::aicn 5ivisioa SsroeoeaEstianf f ~ a:a rat I{ Lcuticn'sp ' 1 i' i I ti 3 a a C1Tyo1 DENTON, TEXAS MUNICIPAL BUILO;NG / DENTON, TEXAS 76101 / TELEPHONE (817) 566.8100 1 M E M O R A N D U M TO: Dave ham, Director of Water/Wastewater Utilities FROM: Jerry Roush, Water Production Superintendent DATEs March 10, 1989 E SUBJECT: BI" 9953 - LEWISVILLE RAW WATER PUMP 04 REPAIRS I The Water Production Division recommends acceptance of the Smith Pump Company Proposal for the above-noted repairs. As shown below in the price comparison, Smith Pump's "Labor and Transportation" i cost is =3,780 leas than that of Eli Myers'. Smith ?umD Eli Myera 1 i ITEM I - Labor and Transportation $ 5,620 i 90400 e ITEM It - Estimated Parts Coat 9,450 9 450 TOTAL COST $15,070 ;18,850 + This is an estimated parts cost. Determination of the repair parts required will be made upon removal and inspection of the pumping unit. Firm parts pricing, if needed, have been supplied by the vendor. These parts estimates are conservative considering this twenty-seven year-old pumping unit, as well as the other pumps, have been pumping excessive amounts of sand over the past seven month because of the low lake levels, Until February, 1989, the water level had been below the top intake, which necessitated the plant withdrawing water from the bottom intake. I mention this only to alert you to the possibility of repair costa greatly exceeding this estimate and/or the possibility of bowl re- placement. 40"__ Jerry RWater Production Superintendent I JR:ss 1 ~'I G~~ a'~i 3^A,~. ? yt>~'~ 'P~tM~ d,,;~~' ~"!q ~f ~`~~ri~1T1 ',<?it j iii P~~ ~ r~`3+~'~MC~.l9. 4 L.. 7 ~ ~ w~wi v'x~ +Zr r' r b 'u ~l I~ 'ti rl~, '~Ja ' - '3 w GGG!ll~~~ ..s.,-+~.Lr<rl~u'i Jl« 1 •`'3.a~~fYr' i 1 ,Z".!• S 1.~s F►rYN'r i6 \r~ ,re~*. J•• A . r. v r ~I) ,•t,7` Ih'rJ' f . 1,. ` rr~ Ar?:, ,r .,\.yil4.. ,+Q.j~:. /Y~hq;~r;.,lr iF~,f r it . , yyy 1 r• A` r ,4+~i1 ,1 ~ n^ f~ti'S 1 , ~'1~tit !'L~f~- S 1 ,7.`.' t, ! ~''!~19:~':A~ }ti `A~ lLy~~l!'t`Se:'uy{!.r.•r1''1~1~~`e.L. lT~11{'4, r~ vrL .r;, d ♦ ~ } ~ S ~ y ril ~~`'X~, 1~i'Y.• 'K `C ~1r~ IJL S`.'!r ~ YhT~1 IS 7^~/t f`'e~ [[~'J' ~ r~4~(~j~,~ ~~w `Z,. 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(Yr"t W~~~~ltr+,~~" ~y 1 'ji1 j A~~iq, 2i ~ r , . • ( w 2.. S 1 Y'I ta`r' J~r r• ~~1 F I~rl'(! ~ ~ !~f' ~ti ~ ) L T ~ ~I r . I r , J• 4 r Y L A 4 Yi a ,q C i t tr ~r+' it - ~ I I y ♦ .~',.1 y~~:(~„r~~i~+r} d~,'{~+h'•.,t~T ( t: f!~, x'11' i~v) Ali. 1~}'S 1'~ A 14 ~/?3 .lli r,~Jf'IV~ ~(4~'~S~r K~~ ~'t t~ Yr „ J'~ ~ l y , t i . y ~ e . C ? Y'it e? 4 • L~ I'7 ~1'rp A } . !I v ~~i11 1 ry1_ AI yt4 j, ~,-07( 1 y~.t~F`'.v.~ sq l~ 'Y`t~ { Lr l ' ~ A\S'K~,~ / . ~l, 1 ~~tl I ,1. ~ -rM1~"i 1 i'',; ~-,y1 F t L ~ Y '~a'.'" •/F r+ll ~f 1 1 . C".~ / ~(y~ ' 1,~ 'JI~ `~y Liiy,l'A ~t1 y~~:} r ' vJ GGGj' ,7 ,/r r~ II~r/~ r! 1 ~'t N Iln Y,t,'Y•,a1I 1 ,f 1~ 1 , d r~ 1 / f, j 'jr ~L ~4 I 'l~v ^1 ~1e'r'A'.S'1'~ 1 . e 4 S4 r I ♦ . + ( n N~ft 1 l.' I ~i+ r.. ,11 A'~''{ ~rll;~fs::. li~~~''} I2. I'+~`I'yr r{Ii• r 1 'a i,.i 1 j1 1.7q r M! r1 tl ~ Ir r/ ~ T \1 ~1~''±' IV~`1 I♦It '•~Irl' ~I~, Y~. ~ ~ 1 t7 1IAk~ L W1Sk~ L' W WAT R I;; a q,~ ,N~ t t r ~,5 , 'AA 7BOOSTER PUMPS "1 ' 1 Ir I. '~yrr1 r1 R„SIN I 'sl`ri ;~'irr fe~5' \ Rr~'ti1 .gyp ~wh:i r r',Yi I ~ ry ~ ~ ir, E' P ir~~,~,'~4 ~yLC r✓:+~ !f ' I' ! , r1:11.r~ ~ c;y,~.q~: 1 ~ 1 .'3 ~ p. tY:r/ ! ' f A , 'a Y ~../~r I i 1~wrJ rry(t 4• a rR't.1{, ~ r ♦v, J I t r / h]S, ~ i + , ' 1 41 fir l~4..'~ r3 1 Y* ` f + ~ ' Ar I11 rir ~f~ A +f, ! ? j / r ~ r r L.i 1} f 1, Fyi~vv,~ } `}L L~1 . Y` _ a.`{~ '°~I~'Y't~r`'{~ J iii rY~~,~~i7 ,y'~i ri 4't~ '}?'fir A' F~7 Wyy d~a; ' ~ •>r N~~ l~~r., ~"q :'9' S,+N.,~/'!s i 'y, q ~.1 v.. it p~,r ! 1,. jl .C~fl 1` 1 ~3' ~,~~.e J''y '.I~ J N', ~ ~~y ~ " 1. ✓.~a~1''rryy_ I ~v.~'} ~ j . ~a{ JR t I . , I ~v." ~ i.e.. tad'7 Jr1.nv+..l..rLr.Clt y.:, lr:N.a.!^a ''-777r.•41r~~!{..T•~a~.cvi411Y.uwrai.Y )'~rL«..Y "1'. i r r i J t ! M } DACE; March 21, 1989 l 4 CITT COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Bid 1 9957 Mini-Vans RECOIIIENDATION• we recommend this bid be awarded to the lowest bidder Bs t er~F`ord for both item 1 and 2. The total bid award is $23,265.00. SUMMARY: This bid is for the purchase of a passenger type mini-van for ner-gy Conservation and a cargo type mini-van for Electric Meter and substation-communications. Both units are fleet additions approved during the budget process. BACKGROUND: Tabulation Sheet. I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool, Energy Conservation and Communications section of Electric Meter and Substation. FISCAL IAPACT: j Resp ul ly sub ed: Lloyd Y. Harrell City !`tanager P spared by: Name: Tom D. Shaw, C.P.M. Title: Asst. Purchasing Agent Approved: 1 ,j~ame \ Jo n J. Marshall, C.P.M. Tale: Purchasing Agent N.iWNu cut,ly[f; b• Y I I 1 I 1 BID 1 4757 1 t I I I 1 I BID lift RINI-VAN *AVE PRAUSE I PILL U1TER I DOWER I ...........1 DODSE 1 FORD I 6MC I OPENED MRR£M 9, 1484 I I 1 I ! ACCOUNF 61l OOB MSS 4230 I I 1 t L -;-------•---._.i.............. 1 f DTP I 1TE11 DESCRIPTION I VENDOR I VENDOR VENDOR 1 k I t I I MINI VAN 5 PASSENSEA 1 12,099.00 1 11,833.00 f 13,131.00 1 ~ I I ! I 1 I I 1 i MINI CARSO VAN I ND 1 11,432.00 1 11,540.00 1 l 1 I f ! 1 1 1 I I I DELIVERY 1 45.60 f 15-60 1 88 1 I~ i i i I DATE: March 21, 1989 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM., Lloyd V. Harrell, City Manager SUBJECT: Bidl 9958 Rental of Street Construction Equipment RECOKIENDATION: we recommend this bid be awarded to the only bidder, Dustrol Inc. at the daily rate listed on the tabulation sheet for each item. Estimated total expenditure approximately $200,000.00. i SUIMRT: This bid is for the daily rental of street construction equipment. The equipment list is designed for reconstruction and or recycling of 11 existing streets. Each piece of equipment can be utilized as a single unit such as the mobil sweeper on item 9, however the city will only pay for equipment if it is required and used on a particular project. The equipmen and operators will be under the direction of the Street Division of Public Works. BACKGROUND: Tabulation Sheet. I ~I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Street department and street construction and maintenance program. FISCAL IMPACT: Funds for rental of this equipment will come from Street Maintenance Budget Funds and applicable CIP Funds. I Respectf Iy submitted: Lloy V, Harrell City Manager Prepared by: Name: Tom D. Shaw, C.P.M. Title: Asst. Purchasing Agent Approved: J 7 +I lL;rd~ ame: hn J. Marshall, C.P.M. ItlB; Purchasing Agent i i. i ♦ 1 I I i 1 I 1 p p p p pp p p p O p p pp p pp 0$ 0 6 0 S O S O S S S p~ O O O 8 S O S 1} m$$sssgv~s~ssgs~s N ti ~ W W ~ y~~ 19 . pC H 1+ F~ I . F IIAM1 F 1.. h m _6 G HIS \1 W ~ N 14,~ 1- y~~ Q 1C Q Q i Q Q 1.. 4 Z y r+ .V.. rNi W~ ~J I Vf N fL .N. ~ C I~ i i t J ~ y M J w e J y J J ~ ~ ~ ~ i W I~ i i ' ^ N ry I? Q r~ Iff K d K 1~ n~~ P T a~ i t8 I d 11 O I .~Zj I I H II'1 O 1 J 1 .fl ak i 1 3 1 _r I i I BID 1 9950 1 I BID 1211 kENTRt OF EDUIPMENI I DUSTAOL I I I OPENED MAACH 1989 I I i -•--•-•••-----••----••-•--•---•--.-.._.---•I I AclouNr I 1 I I I I I I I 1 1 DIY I ITEM DESCRIPTION I VENDOR I -I-------------------------------- I.............. I 1 I I NEATER TRUCK NOUNIED 1 875.00 1 IA I I MOBILIZATION 1 100,00 1 2 1 1 NEATER SCARIFIER 1 925,00 1 , IA I I MOBILZATION I 1001D0 1 I 3 1 1 MIENS RECYCLER 1 600,00 1 34 1 1 MOBILIZATION 1 150.00 1 I 1 1 1 LAYDONN MACHINE 1 750,00 1 AA I I MOBILIZATION I 150.00 1 5 1 1 PNEUMATIC ROLLER I 275,00 I 5A I I NP"ILIIATION 1 190.00 1 6 1 1 1ANP;M STEEL ROLLER I :Ii,00 I 6A I I MOBILIZATION 1 100,00 1 I I I MILLINB MACHINE 1 2,800,00 1 7A I Z MOBILIZATION 1 270,00 1 8 1 1 LIOUID TANKER I 50.00 1 I 1A I I MOBILIZATION 1 50,00 1 9 1 1 PICKUP BROOM SWEEPER 1 590.00 1 9A I I MOBIL11WON 1 50,00 1 10 1 1 WATER TANK 1 100,00 1 10A I I MOBILIIATION 1 50,00 1 11 1 1 MINI MILLINB MACHINE 1 800,00 t 12 I I MOBILIIA110N 7 100,00 1 S I I 1 I I 1 I I IALL PRICES ARE PER 8 HOUR DAY I I ` I LAND INC10E OPERATOR. I i fl I S I I I IMOPILIATION IS A ONE TIME PER I I 1 IPROJECT DELIVERY AND PICKUP I I I ICHAROE. I I 4 q i 21, 1989 DATE: CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Aiding Mowers for Parks Department RECOIRIENDATION: We recommend this bid be awacued to the low bid meeting specification for three $6,750.00 each plus the deluxe seat of $75.00 fo a total cost each of $6,825.00. We are recommending the purchase of thrc of the 72" mowers rather than 2-72" and 1-62" mower making the total award of $20,475.00. SUMMARY: ' This bid was sent to sixteen prospective bidders in this area and received eight bids. We have recommended the low bid meeting specificati The low bid submitted by Sam's Lawn Riders does not meet the specificati( as they bid a air cooled gasoline engine when we specified a water cooler diesel engine. BACKGROUND: Bid Tabulation and Memo. PROGRAHS, OFPARTMENTS OR GROUPS AFFECTED: The City of Denton Parks Department ar the City of Denton. FISCAL IIIPACT: There is no additional impact on the General Fund(motor Pool replacement) Respact uliy submitted; r _aC~r~ll to Y. Harrell City Manager Prepared by: I e: o n J. Marshall, C.P.M. itle: Purchasing Agent Approved: e; oin J. Marshall, C.P.M. tt1e: Purchasing Agent i 14 ,5 Y 4 i DID 1 9161 1 1 1 1 1. i 1 I I I I I i 1 1 1 B10 TITLE RiDIN6 Ko"R I JACOBSON I IONMA5IER I PTE 1 CE 1 SANS tAWN I 1IMMERER I NATSON 0151. 1 6DLONAIIES I 6OLDNAITE9 I TURF I rRAILER I 1 i., I RIDER I KUPOiO 1 I Ff. NORTH I CARROLITON OPENED MARCH 9 1469 I I EOMPONENTS I I I I DENTON I I I auouNr 1 500 03l 0064 9104 I 1 11 1 I 1 1 = f ..........................I_...--.-......I..............I..............I----•- I.............. I.............. I.............. I.............. I---------... 1 I I I I 1 i I I I I I VENDOR 1 I off I 1 72. 1TEN RI MOVER DESCRIPTION I I VENDOR I VENDOR .I I.............. . VENDOR . I I VENDOR I I•... 5.... VENDOR I I 10, VENDOR 552.90 I 1 2~12 VENDOR 4.D0 I 1 B VENDOR .00. I NOOK 1 Y I I ,701,0 I 2 1 2 1 OPTIONAL DEW E SEAT 1 73.00 1 297.23 1 233.0; I NIA 1 N/C I N/C I N/A 1 140.00 1 ISO 0, i 3 1 1 1 W ROTARY MOWER 1 61730.00 1 71033.20 1 61323.00 1 29630.00 1 31395.00 1 10,123.86 1 6,764.00 1 71135.00 1 61943.0 1 I 1 I I 1 I I 1 I r I ? 1 1 I I 1 I I I I I i 1 I 1 1 1 I I I I I I ~ 1 I I f 1 I 1 a r, If I 1 1 n ec eat ion cirV of DENTON, TEXAS civic Center/ 321 E. McKinney/ Denton, TX-76201 I~I M E M 0 R A N D U M TO: John Marshall, Purchasing Agent FROM: Bob Ticknor, Superintendent of Parka DATES March 14, 1969 SUBJECTS Recommendation of Bid 1991 We have reviewed the results of Bid 19961* riding mowers, We wish to E recommend the bid of Jacobsen Turf and Commercial, Dallas, Texas# in the amount of $6,750.00 per unit for A T422D water cooled diesel Turf Cat iI 72' deck. We wish to add the optional deluxe seat model 169078 at $75.00 for a I total of $6,825.00 per unit, The low bid from Sam's Lawn Rider, Sherman, Texas, at $5,523.00 is rejected as not meeting specifications. Their unit is powered by an air cooled gasoline engine. We also wish to purchase a third 720 mower to add to aid Item 11 in place of Bid Item Us a 60' mower, The additional cost difference of $42740 is available in Motor Pool depreciation funds for the larger unit, Please advise if more information is requested. Robert K. Ticknor PARKS013 4 i tAI' lional ;noel t4&da► r~raid AinweA r~ A Denton Perks and necreation / Denton, Texas l (C 17)atft;•827J '~q \ { 'e I I V t I i 14+1;;H4' JET= I I I ~ I I I I i ZLIZL= i LLJ= M+R { rl~ -JL t .w] 11 I 1 w March 21, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER ORDINANCE FOR PROPOSED GOVERNMENT "SPRINKLER IRRIGATION" RATE SCHEDULE FOR CITY OF DENTON DEPARTMENTS. RECOMMENDATION: The Public Utilities Board, at their meeting of December 21, 19889 recommended to the City Council approval of the proposed government irrigation rate. 4 SUMMARY/BACKGROUND: The City of Denton is strongly promoting the city. A major focus of this effortrahastobeenutthe ~ thoroughfare entrances to the city. An element of beautification effort is the planting of trees and the along the street right-of-way and medians. However, ronedofothe chief concerns is the front end cost of water taps, water meters and installation of a sprinkler or drip irrigation system. r In order to support the City's beautification program, the attached rate, titled "Government Sprinkler Irrigation Rate" I (Exhibit I), has been developed. This rate provides a mechanism for financing the cost of installation and maintenance of lawn + sprinkler systems. Such sprinkler systems can be used to irrinate a street median or other city easement and right-of-way and provides the City an affordable way of financing the upfront and monthly operating costs of the system. The Irrigation Rate is applicable to only City Government customers. It may be noted that the volume charge for the ! Irrigation rate is $1.80/1000 gallons, which is the current charge for Government rates. A policy statement outlining the relevant issues, as well as the methodology that formed the basis of this rate are also attached as Exhibit lI and Exhibit III respectively. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: 1 City of Denton, Denton Municipal Utilities, other Departments and citizens. FISCAL IMPACT: None at this time. J J r , , ' CC Meeting Page 2 Resp fu tte L oy Harre , ty Manager ` Prepared by, ' J L. av am, Director o ater Wastewater Utilities appr ved y, I !I ` Nelson,-Executive Director- Department of Utilities Exhibit I Proposed Rate ordinance ' II Policy Statement III Methodology IV PUB Minutes of December 21, 1988 i { I 6335U:3-4 41 r ~ E NO. 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF RATES FOR WATER SERVICES BY ADDING A NEW SCHEDULE WGI (GOVERN- MENT SPRINKLER IRRIGATION RATE); AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the Schedule of Rates for water services is amended by adding a new Schedule WGI (Government Sprinkler Irrigation Rate), attached hereto and incorporated herein by reference. SECTION II.. That a copy of this ordinance shall be attached l to the current Schedule of Rates for water services to show the amendment herein approved. 1 SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989. I I RAY STEPHENS$ MAYOR ATTEST: k JENNIFER WALTERSO CITY SECRETARY APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCHe CITY ATTORNEY _ ~►~N' BY I I t a d SCHEDULE WGI GOVERNMENT SPRINKLER IRRIGATION RATE APPLICATION Applicable to sales of finished water for median irrigation purposes to all City of Denton Departments supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Bi_ 11ing Per 30 Days (A) Meter Charge 3/4" Meter $16.75 1" Meter 1-112" Meter $24.50 2" Meter $28,25 (B) Sprinkler Charge i Per 100 square feet $ .90 (2) Volume Charge $1.80 per 1,000 gallons MINIMUM BILLING facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS f r~ (a) Billings for the Facility Charge shall be based on 12 j billings annually. f I j Formula: Actual dam in roading period x facility charge JU nays I L/ c k (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual days In readin eriod x GAL in rate block x RATE per 30 days 1,000 gallons in rate block i f i i 1 1 a ISIRA-GOVERNMENTAL/COM>IERCI,%L IRRIGATION SPRINKLER RATE l. GENERAL INFORMATION 1. Total u4.ft. to be irrigated 3,500 2. Total r of sprinklers needed to irrigate this area = 66 3. Total area irrigated per sprinkler head = 5J Sq Ft. 4. Installation cost = $2,640 5. Cost per sprinkler= 910 6. Cost per square feet=75 cents 1. Cost per 100 square feet 175 II. DEVELOPMENT OF SPRINKLER INSTALLATION COSTS COST PER UNIT QUANTITY UNIT TOTAL COST EQUIPMENT COSTS i SPRINKLER BODY 66 11.58 $104.28 SPRINKLER NUZZLE 66 0.49 32.34 1 MASTER VALVE 2" 1 15.00 15.00 BACKFLOW PREVENT 1.5 1 160.00 150,00 CON'T'ROL VALVES 4 20.00 80.00 CONTROLLER 1 160.00 150.00 PIPE/FITTINGS 250.00 WIRE 50.00 OTHER EQUIPMENT 16040 Subtotal !981,62 240THER COSTS LABOR (60 HOURS) 116.00 1900.00 OVERHEAD (15% OF LABOR) 135.OU PROFIT 119% OF TC) 383,16 Subtotal 111118.16 3. MAINTENANCE COSTS $240.0U - .--.o=n TOTAL INSTALLATION COST /20639.78 i III. VARIABLE COSTS Q 11.60 Per 11OUO gallons EXH1BIT..,.J...... 1 1 `f I~ I METHOD-OF-COMPUTATION-OF-FACILITY-CHARGE A. MAINTENANCE,-METER-READING,-BILLING MONTHLY RATE SIZE OF METER s11.25 r~ 3/4,. 12.50 1" 15.50 1-1/2" -17.50- B. METER INSTALLATION MONTHLY PMTS SIZE OF METER TOTAL CHARGE 1o-7%--10-yrs) $475.00 $5.50 i 3/4" 525.00 6,10 1 775.00 9.00 j 1-1/2" 925.00 10.75 C. TOTAL METER CHARGE (Malntenance, meter reading reading, billing & meter installation) METER CHARGE SIZE OF METER $16.45 3/4" 10.60 24.60 28.25 --------z------------------------------------------------------------------- D. SPRINKLER CHARGE COST PER SQUARE FOOT= $2640/3500 sq,ft-- 16 cents per sq,ft. x .75 $75 OR COST PER 100 SQUARE FEET -11) 1Q07% , 10 years, 90 cents per month i 1 I ELECTRIC DENTON MUNICIPAL UTILITIES WATER POLICY / PROCEDURES WASTEWATER POLICY TITLE Government Sprinkler irrigation Rate DIVISION All water Divisions EFFECTIVE DATE PUB ADPro~ mbar 21 1988 The WGI (Government Sprinkler Irrigation Rate) is recommended for s rinkler irrigation situations in which there is a benefiS rinkler I general public such as a City median in a boulevard. rat systems installed in such a righ Parks andwoRecreation uld use heeparitmente and will be operated by the city and meter, as en 1 j Under the WGI rate, the cost of the meter tap an { as the cost of the sprinkler system installation would e amortized the9FacilityayChargepmay riodc.ontiAtnuethe alongdwith the appropriate volume charge. The rationale for continuing appropriate pe these some point ina timee (aboutirrigation lG years)em This generation cofenfunds would allow an ongoing program. If the Parks and Recreation Department wishes to provide its own maintenance and ownership to the sprinkler system, the maintenance portion of the facility charge may be dropped. II Maintenance will remain with the City Utilities epa tneto who I will contract with a sprinkler company to provide Utilities Department and maintenance services, except for water taps and responsibilltyese services will be the City meter epartment installations. ~ such cases years the payback D Department maintenance in Ownership tilities and U period, Parks and Recreation Deppartment wishes co request such ownership and maintenance respons1biIIties. Irrigation timers will The itimersewilldregulate thetirrigation so the splnkler system. timers willpebe controlled nand be more maintained effectively Citylanddplacedein secure locking boxes with access permitted only to City personnel. ' Electrical supply to the sprinkler system timer mechanisms will to billed to the Parks City street a light Recreation rDepartment from the nearest available i 1 r-- w i S t a 4 EXCERPI PUBLIC eUTIITIES cember 21 BOARD MINUTES D , 1988 5, CONSIDER PROPOSED "SPRINKLER IRRIGATION" RATE SCHEDULE D in its efforts to Nelson stated that the Utility Department, sup Por the C iryiga eautiseirviceonforoastreet developed highway rate medians help p 1 and right-of-ways. He noted that a major deterrent for planting grass, shrubs and' trees along such medians is the initial cost of installation of an irrigation system and its subsequent ! maintenance. This rate establishes that the Water Department wou would be Install back through and flats monithlysratembased on square feet of area irrigated. There would al no system h standard governmental volume charge controllers such that they would be turned on only during non-peak watering hours. 1 Harrell added that comments in the back up material state that the useful 11fe of a sprinkler system is 20 years, yet the amortization period is only 10 years. Harrell asked Nelson to i l make it consistent. i the rite G LaForte asked if this rate would b` awaslaanticipated ptovabe i sector. Nelson responded t systemdinidthesright oof -aybein ifront of payilforlethe rirrigationbusinesses their business or home, LaForte stated that the Utility is not in the business to subsidize private sector beautification orwhich Tis goingeto ~ of Denton should not pay for beautification benefit specific special interests. LaForte proposed a single irrigation rate for governmental customers only, The Board discussed the possibility of such a rate. irrigation rate, wthen ith approval off $1,80/1000Yegallons. Chew second. All ayes, no nays. Motion approved. i j t ~ 6335U:5 1 _1 s w, EXCERPT PUBLIC UTILITIES BOARD MINUTES December 5. CONSIDER PROPOSED "SPRINKLER IRRIGATION" RATE SCHEDULE AND Nelson stated than beautificationDgoals, dtevelopedtsthisfrate to sport the City medians hupelp rovide irrigation service for street a nd h i ghway - and right-of-ways. He noted that a ma3or deterrent for planting grass, shrubs and trees along such medians is the initial cost of installation of an irrigation system and its subsequent maintenance. This rate establishes that the Hater Department would install the meter and irrigation system and this cost the onstsuare wouldmonthly elsorate bebased would be paid back through There flat me area irrigated. feet during governmental volume charge. wouldr beatturnedysonm woul have controllers such that they non-peak watering hours. material state that i Harrell added that comments in the back up the useu amortizaftilonl period is only sprinkler 10 years. Harrell asked system is 20 years, yet e I make it consistent. LaPorte asked I responded d twoul hatd it a was la anticipated ptovabe sector. of thesright of waybein wif111 ava ayilfor1ethe rirbusi rigationssyor I stemdinidual p their business or home. citizens sector beautification. Tbhusiness to private that the LaForte subsidize stated of Denton should not pay for beautification which is going to benefit specific special interests. Laforte proposed a single irrigation rate for governmental customers only. The Board discussed the ofssitheit9overnmeh a rate. Laforte then moved app roval Chew9second rat All ayes, novrays. Motion approved~~1000 gallons. i 63350:5 i J x I a I I I i rl~ I OFFICE OF THE CITY ATTORNEY MEr1ORANDUM h TO: Honorable Mayor and Members of the City Council l FROM: Debra A. Drayovitch, City Attorney 1 SUBJECT: Republication of the Code of City Ordinances DATE: March 16, 1989 Pursuant to the approved budget, we have prepared an ordinance and contract for the republication of the code of Ordinances. This process will take eight to twelve months and is the Chevy version of updating our 1966 Code. Nine Thousand Dollars has been budgeted throughout the various City Departments and the remainder will be due in the next budget year. Should you have any questions, please advise. Respectfully submitted, i r i Debra A. Dr yov tc rAD:js xc: Lloyd V. Harrell, City Manager J 1 I f { J r . I NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND MUNICIPAL OD CORPORATION FOR THE REPUBLICATION E OF I DENTON CODE OF ORDINANCES; APPROVING THE EXPEND FUNDS ' THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 9E-Q N i. That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, Municipal eCode tCorporationnforbthee republication of the Code and Ordinances of the contained in said agre mof Denton, under the terms and ent which is attached hereto and conditions madea part hereto. jgjj N II. That the City Council authorizes the expenditure of funds as set forth in the contract attached hereto. ,~FrTION iI~ That this ordinance shall become effective ! immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989. I i RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i! BY., OPTION I PROFESSIONAL SERVICES PROPOSAL REPUBLICATION OF CODE To: DENTON, TEXAS Date: March 4, 1988 The MUNICIPAL CODE CORPCRATION, a corporation duly authorized and existing under the laws of the State of Florida, hereinafter referred to as the Corporation, hereby offers to republish the Code of Ordinances for the CITY OF DENTON, a municipal corporation duly organized and existing under the laws of the State of Texas, according to the following terms and conditions. PART ONE I REPUBLICATION A. The Corporation wills Iona!). The (01) ANALYZATION OF CODE WITH STATE LAWS (2p Corporation offers, under the direction of the Municipal Attorney, to review the entire Code against current state laws. The law editor will submit an editorial memorandum to the Municipal Attorney outiuring all recommendations for amending the Code to eliminate duplications, Inconsistencies and obsolete provisions. The Corporation states to assist the Municipal 'kttorney in drafting recommended changes. Appropriate law references will be Included in the Code, as deemed necessary. Also, a statutory reference table will be prepared, if desired. (1) INCORPORATE ORDINANCES AND OTHER APPROVED CHANGES. The ordinances of the Municipality enacted subsequent to the latest ordnance Included in the :756 Code as supplemented, will be incorporated Into the codification In their appropriate places. The amended or repealed provisions will be removed and the new provisions Inserted. Approved changes desired to be included as a result of the analyzation provided in paragraph (01) above, will be incorporated in the Code, upon speciflc Instructions from the Municipality. (1,1) CHAPTER REARRANGEMENT (Optional). The existing chapters of the Code will be rearranged and renumbered to Implement alphabetical classification by j, subject matter. The Corporation will not make any substantive textual changes In the existing Code as supplemented, unless dictated by rddnance or specific Instructions from the Municipal Attorney. i (2) CROSS REFERENCES. Prepare general cross references throughout the Code, which will tie related portions of the Code together. 4 1 k i r .a (3) PREPARATION FOR TYPESETTING. Prior to submission to the printing department, the Corporation will prepare the manuscript for computerized typesetting and printing in the style and format desired by the Municipality. The Corporation will not make any substantive changes in the 1966 Code as supplemented, unless dictated by ordinance or specific instructions from the Municipal Attorney. (4) PROOFS (Optional). After the entire Code is set in type, the Corporation will submit one (l) full set of proofs to the Municipality for review. The Corporation assumes the responsibility of proofreading and typographical correctness. The r !Municipality may make word changes on the proofs without charge. However, should the _ Municipality delete entire sections, articles or chapters constituting more than a page of \ type, the Municipality will be charged for such deleted type at the per page rate as provided in Part One, Paragraph (12), It shall be the duty of the Municipality to return the proofs, with the changes indicated thereon, within thirty (30) days from the date of their receipt by the Municipality. (5) INDEX. A comprehensive, legal and factual general Index for the entire Code will be prepared. 4 (6) TABLES. The following Tables will be prepared for the new Code: f (a) Table of Contents. This Table will list the chapters, articles or divisions of the Code, with 41 appropriate page numbers. r ~ i (b) Comparative Tables If feasible, prepare a ( Comparative Table, listing the ordinances included , j in the Code, in chronological sequence and setting ` out the location of such ordinances In the Code. (7) TYPESETTING AND PRINTING. Upon completion of the work enumerated above, the Corporation shall print: I (a) the text of the Code in ten-point type with boldface catchlines; (b) the Index in ten-point type; f (c) the cross references in ten-point type with boldface headings; (d) the specified number of copies of the Code on SO lb. Miami Book Paper, or its equivalent; ll (e) the page size shall be g-1/2 x 11 Inches, single column format. Samples attached. (S) TABULAR MATTER. in the event the manuscript for the Code should contain tables, drawings, designs, Algebra formulae and the like for which either engraved cuts or special methods of reproduction are required, the cost of such I .2_ I I I i I ~ i engravings or tabular matter will be additional to tf;e costs as provided in Part One, Paragraph tables 2). However, to there is no additional p acharge for index pages or pages (9) BINDING. The Corporation shall bind copies of the completed Code in 1 mechanical post-type binders, each with slide-lock fasteners and with Imitation leather 11 covers stamped in gold leaf, as provided in Paragraph (12) of this agreement. Divider Par tabs will be furnished for all bound copies of the Code, providedifor storage and The inbound copies, if any, will be punched and wrapped separately eventual binding by the Municipality. Additional binders can be ordered at any time by the Municipality, at the then current prices. (10) REPRINTS. Additional copies of specific chapters or any portion of the ibution the Code may be printed and specific chapters for separat sale formatrwilltrbe fu nished upon uotato s und in Quotations Municipality. request. I i i i I I ' I f 1 ~ j -3- i n x 6. The Municipality will: (11) COPIES OF MATERIAL. Submit to the Corporation the material which will constitute the republished Code. (12) COSTS. Pay the Corporation for the work provided herein the following costs; OPTIONAL: Analyzation and drafting services $60.00 per hour, not to exceed 60 hours; SEVENTEEN THOUSAND DOLLARS ($17,000.00) ~I ' The above sum is based on the following: 4 (a) One hundred (100) copies of the Code; (b) Fifty (50) mechanical looseleaf binders, including special order tabs; i A (c) Eight hundred fifty (850) page Code, on pages 8-1/2 x I1 inches in size, single column format. Pages in excess of 8500 a charge of TWENTY DOLLARS ($20.00) per page. Pages fewer than 830, a deduction of TWENTY DOLLARS ($20.00) per page For the purpose of this Part One, a page Is hereby defined as the area on one (1) side of a sheet of paper. A sheet contains two (2) pages. (I3) PAYMENT. Money due hereunder shall be due and payable as follows: (a) Upon signing of the contract $3,500.00 OPTIONALt (b) Upon completion of analyzation and submission of memorandum total due if optional paragraph (01) on page I Is chosen. (c) Upon completion of typesetting phase $70000.00 (d) Balance upon final delivery of completed Codes to Municipality. The above payment schedule is flexible and may be changed to meet the requirements of the Municipality. j w 9 ( 1 I (14) FREIGHT CHARGES. The above costs do not include freight charges. The shipment will be forwarded prepaid and invoiced to the Municipality at the time of final I billing. I J~ i I i I i I i P ~ i i PART TWO LOOSELEAF SUPPLEMENT SERVICE (l) SCHEDULE. After shipment of the Code as herein provided, the Corporation shall maintain the same up-to-date by the publication of Looseleaf Supplements containing the new ordinances of a general and permanent nature. The Supplements can be published bimonthly, quarterly, semiannually or annually, depending on the requirements of the Municipality. There is no additional charge for more frequent publication. A minimum of thirty (30) working days shall be required for delivery of a Supplement, following publication of the previous Supplement. (2) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. It is requested that the ordinances be forwarded to the Corporation promptly following enactment by the Municipality for recording and processing. (3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of the editorial staff of the Corporation in conjunction with the existing provisions of the Code for the purpose of determining if any provisions of the basic Code are repealed, amended or superseded. The page or pages of the Code containing provisions that are repealed or amended by ordinance shall be reprinted or printed to remove such repealed or amended provisions and to insert the new ordinances. (4) EDITORIAL. NOTES. Appropriate editorial notes will be prepared and appended to the n:w sections as deemed necessary by the Corporation. (S) INDEX AND TABLES. When the Inclusion of new material necessitates changes in the index, appropriate entries will be prepared and the necessary pages of the Index will be reprinted to include the new entries. The Comparative Table will also be kept up-to-date by listing the ordinances included in each Supplement, together with their disposition in the Code. The Table of Contents will also be kept current to reflect changes in the Code volume. (6) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of the obsolete pages and insertion of the new pages. The latest ordinance included in the published Supplement will be noted In boldface type on the Instruction Sheet. (7) COSTS. The Corporation will prepare the ordinances editofially and print one hundred (100) copies of each Supplement for the sum of TWENTY DOLLARS ($20.00) per page, including the Index pages, Tables and Instruction Sheet. Special tabular matter will be in addition to the costs provided above. For the purpose of this Part Two, a page Is hereby defined as the area on one (1) ' side of a sheet of paper. A sheet contains two (2) pages. i I (8) REPRLNTS. The looseleaf reprint pamphlets, which contain certain portions I of the Code, including appropriate Index, will be kept up-to-date at the same time the Code volume is supplemented, If desired. -6- 3 ICI i r I~ I I 1 (9) FREIGHT CHARGES. The Supplements will be shipped to the Municipality for distribution to the holders of the Codes. The shipment will be prepaid and invoiced at the time of final billing. The Municipality shall have the exclusive right to sell the Codes and Supplements. (10) PAYMENT. All money due the Corporation for the publication of the Loose leaf Supplements will be due and payable within thirty (30) days after the date the Municipality is invoiced for the s;! ne by the Corporation, without interest. (11) TERMINATION. The Looseleaf Supplement Service provided under this Part Two shall be in full force and effect for a period of two (2) years from the date of shipment of the completed Codes to the Municipality and shall be automatically renewed from year to year, provided that either party may alter or cancel the terms of this Part Two upon sixty (60) days' written notice. The terms of this proposal shall remain in force and effect for a period of ninety (90) days from the date appearing herein. We at the MUNICIPAL CODE CORPORATION appreciate the opportunity of submitting this proposal to DENTON and sincerely hope that its terms are acceptable. Respectfully submitted, I ' I { 4Lawt DEC ATION gfor i ATTA CHMENT: Sample Pages If 3 r i t will, w FINININ Jill__ allill Ilivil 111111 1 I I I~ 1 i I i ~ 1 J I I I I I ~ I t Nil I I ~ I I ) DATE:/ 0033/21/89 I` CITY COUNCIL REPORT FORMAT II TO, Mayor and Members of the city council I FROM: Lloyd V. Harrell, City Manager III SUBJECT: ADOPTION OF AN ORDINANCE EXTENDING THE DEVELOPMENT SCHEDULE FOR PD-125. RECOMMENDATION: The Planning and Zoning Commission recommended approval of the I request by a 6 to 0 vote. If SUMMARY' The concept plan for planned development-125 includes SF-7, Garden Homes, General Retail, and Multi-family. The development schedule indicated that detailed plans were to be submitted in August of 1 1987, November of 1987, and November of 1988. The petitioner has ' requested a 3 year extension of the schedule )see attached letter). The ordinance, if approved, would extend the date of submittal of the detailed plans. J BACKGROUND: Ordinance 66-210 adopted by the City Council established planned j development zoning on 58.6 acres. A memo submittal process for Commission is attached which describes the app Planned Development-125. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Developer and Planning and Development Department. j FISCAL IMPACT: Extending the schedule would not impact the general fund. Respe ully s bm d: Prepared by. loy Harrell City Manager ` Cecile Carson Urban Planner l Zna ved: I c Robbins, AICP P I H. Executive Director Planning and Development 1658k I j 1 nlr c.•nnl• u,n lnl un u,... fn4.'n /bn PD-120 Lw•.111.'I , 1144IJ~II} II I10 IM (y,l\, Lr IT y> II{. 4! IyIN , 1 cps im x{41, 'LU UL} TFW i.l.t• M~Y p\ NYC TI, l•I }A }I LR ~ IOK'4!R) 1 ~N1 tip ' ~c {rM Mt iV i4 eM ~~•I , SCI 'J`n{'I HN x, Ic . t Mew ~ .4th •'rl e~ V 1~ ~;R Yr K•r u .R.+ J ,t P .•u e~ "m not~ Y•1 7.51 V A• • T 33 HERCULES ST. M{ w \ It aft dptfff ,,y~f So"1 too ZONING CONCE~ PT, L'AN q (Wiwwc~p novrTior~j V~ W" r1f ' !1> iL{4 j T.W. 9% Inu{. G~,. l•..iry . it dluM• l +I I i i c s A Y Q CITY of Dffffom rsxAs 215E. WKINNEYI DENTON, TEXAS 762011 TELEPHONE (817) 566-8200 MEMORANDUM DATE: March 5, 1989 I TO: Planning and Zoning Commission I FROM: Cecile Carson, Urban Planner SUBJECT: Extension of Development Schedule for PD-12S The Planning and Development Department has received a request from Roberds Investments, Inc. to extend the development schedule for PD-125. Ordinance 86-210 included the following { schedule: Land Use Detailed Plan Construction SF-7 Aug. 1987 Nov. 1988 Gardenhomes Aug. 1987 Nov. 1988 General Retail Nov. 1987 Nov. 1988 Multi-family Nov. 1988 Mar. 1989 Bill Roberds has requested a three (3) year extension of the schedule. A copy of his request is attached. If the Commission approves the request, the schedule would be revised as follows: Land Use Detailed Plan Construction SF-7 Aug. 1990 Nov. 1991 Gardenhomes Aug. 1990 Nov. 1991 General Retail Nov. 1990 Nov. 1991 Multi-family Nov. 1991 Mar. 1992 The planned development permits the following land uses: Single family-7 on 18.44 acres with a density of 4.1 u/a - total units 76; I I I I I i n p 4 5 f V 1 I memorandum ` PD-12B Page 2 Gardenhomes on 7.27 acres with a density of 10.2 u/a - total units 74; General Retail on 2.54 acres; multifamily on 11.10 acres with a density of 17.1 u/a - total units 190; and Greenbelt on 18.81 acres. When the Planning and Zoning Commission unanimously recommended approval of the request in 1986, the proposal was evaluated under both low and moderate intensity policies. The GR and MF land uses were included in the moderate intensity area and were F included in the moderate intensity area shown on the Concept Plan of the Development Plan. The Appendix A Task Force, however, did not include any of PD-12S in their recommendation for the boundaries of the moderate area. I Based on low intensity policies from the Development Plan the separation of 1/2 mile between concentrations of GR and MF would be violated because of the location of the land uses in the moderate area to the north in PD-120. The Plan allows 3 acres of non-residential land use with frontage on a primary or secondary arterial, and 150 multifamily units. The existing planned development includes 190 units. The GR and MF were designed to transition between the City of Denton and the T.M.P.A, electrical substation and facilities and the moderate I area. I~ According to Appendix B, Zoning, of the Code of Ordinances, an extension of the development schedule for a concept plan may be extended by the City Council after recommendation by the I Commission. The amended schedule would be attached to the ordinance. Staff recommends approval of the extension for three years. h l.f CA Cth~ ec a arson 1694x i f I i 1 i 1 Robe rds RIK Investments, Inc. February 14, 1989 _ City of Denton Planning and Zoning Commission ;Municipal Building 11S E. ;McKinney Street Denton, Texas 76201 Re; Extention of Development Schedule i i Gentlemen: Due to the downturn we have experienced here in Texas, combined with the elimination of loans for any Real Estate Development, it has been impossible for me to meet the desired timetables described by our planned development. At this time, 1 have an opportunity to acquire an equity partner based on the toning granted me on October 21, 1986. Therefore, i am making a formal request for a 3 year reinstatement of the existing planned development. Please find a copy of the P.D. attached for your convenience. Your cooperation regarding this matter will be appreciated. y Sincerely, • `~:OJ~~IJI Roberds Inv. Inc. Bill Roberds ~ 59u13Co1hu~ rs~. VXl1a~s,7~523~Ox ~2N1171isbt I r ATION MAP ~ 1 , LtJ ~ E ~ I Wt 1 ' - w~rw o w P D-120 ~ . ~ E ~ ~ 'R,~-120 _.J } Loop zee 1 _ PD~ 125 {1 U 1 1 i PD-120 ~~'_•_-~i SF-7 t 1 1 ~ 1 , 1 _ Y ROAD 1• _r ~rr_ • rrrr __b PIJ-1 F-1 A ..8r I x PO-63 1 1 A •r_! 1 S-1 A r F-7 I 1 I Id'Tlf~ 7r A~ yM i ti -10 rr_J j trn!;1 I F i i I J IM P&Z Minutes D ❑ 1 March 8, 1989 D mH A F T h Page 2 i Ill. Considerations Consider making a recommendation to extend the Development Schedule for PD-L25- STAFF REPORT: Ms. Carson stated that based on the City of Fenton anned Development Ordinance that went into effect in 1986, development schedules were required for all planned developments. Mr. Roberds, who was the original petitioner of the property, approached staff about extending the devel- opment schedule for PD-125. Because of the economic situ- ation, Mr. Roberds is requesting a three year extension of his concept plan. This would include entending the devel- opment schedule for detail PPlans to be submitted in 1990 for single family-7, the gardenhones, and the general retail area and in 1991 for the multifamily land use. i Ms. Carson stated that in 1986 , when this planned develop- ment was approved, the Planning and Zoning Commission unan- imously recommended and the City Council unanimously ap- proved the request. At that tine, Planned Development-120 had recently been zoned to the north. Planned Development 120 had been submitted to the Council on a 3-3 tie vote from the Planning and Zoning Commission. Ms. Carson continued that the multifamily land use consists of 190 units, which, if no other zoning existed in this area, 150 units would be allowable with frontage on a secon- dary arterial according to the Development Plan. Ms. Carson explained that 190 units being proposed would be a violation under Plan policies. It was not a violation under Devel- opment Guide policies. Ms. Carson reported that in addi- tion, the retail land use consists of a 2.84 acre tract, which the Plan allows for a 3 acre site if no other zoning is located within a one half mile. She said that 2.84 acres are included within the planned development and violated, under the Plan, concentration policies be:ause of the 20.74 ' acres of general retail located in PD-120. 4 After evaluating the proposal, Ms. Carson said that staff does feel the development still warrants consideration by the Planning and Zoning Commission. Ms. Carson stated that the area was in a moderate node when the PD was approved. The Appendix A Task Force has recom- mended not to include any of PD-125 within the boundaries of the moderate area. The Task Force has proposed Inclusion of within PD-110 and to ex- the office and general retail area clude the zero lot line the multifamily in PD-120 and to include the general retail to the east as well as a 1S acre tract which is currently zoned agricultural at the northwest corner of the intersectional and additional acreage on the southeast corner that is currently zoned agricultural and general retail. PFZ Minutes March 8, 1989 Page 3 DRAFT Ms. Carson stated that the planned development schedule extension is not similiar to the ones that the Commission had seen previously. She explained that it is based on a concept plan and not a detailed plan. Therefore, the recommendation would be forwarded to the City Council; whereas, a detailed plan extension would receive final authority from the Planning and Zoning Commission unless the applicant wishes to appeal or would like an extension beyond three years. Ms. Brock ask if staff was recommending the extension of three years. Ms. Carson said yes, for PD-125. j Mr. Engelbrecht asked if the PD would be voided if the ex- tension was not approved. Ms. Carson said no, there is no reversionary clauses in the zoning law. The applicant would basically have an invalid development schedule. If the City Council chose not to extend the schedule, staff would place the item on the list of city initiated zoning cases to con- sider rezoning the property at a later date. i Bill Roberds, 5914 Colverst Dallas, stated that he is the property owner. lie said that he would answer any questions that the Commission may have. i Mr. Engelbrecht asked how Mr. Roberds came to his request for the three year extension. Mr. Roberds replied he felt the single family could be developed within the next 18 months. Brian Burke, 1319 Auborn, stated that he originally worked with Mr. Roberds and city staff when preparing the land plan. lie said that lie felt it was a good plan and that the three year extension was a realistic time frame. Ms. Carson pointed out that there is information on the Commissioners desk's that showed the current concept plan in the Development Plan which show the property within the mod- erate intensity area, the recommendation of the Appendix A Task Force, and the moderate node under the Guide. ' Ms. Brock asked how the city's policies on strip commercial related to the planned development. Ms. Carson said that at the particular location and the width of the property, it would be staff's opinion that it would not make a signifi- cant stripping Impact. She said that the reasons include the 20.74 acres being planned development retail; a 110 foot setback from FM 2164 in this Planned Development and an electrical substation which acts as a barrier. She said that the detailed plan would require a landscaping plan. Ms. Brock asked what the frontage was. Ms. Carson said that she believed it was 400 feet. rA p&Z Minutes D T ch B, 19E9 Mar Pagc d D R A F J 1 Mr. Glasscock stated that he felt it would be acceptable. .a mr. extension for PD-125. Seconded recommend by approval Kiker and unanimously carried (5-0). 1692x I i i i I ti NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT THE DISTR APPROVED NO. 86-2100R(PD 125); AND PROVIDING. ANIEFFECTIVE D TEORDINANCE WHEREAS, by Ordinance No. 86-210, the City Council approved a planned development district (PD-125) and concept plan for 58.6 located Street and acres of land Hercules Lane, as more particularly described thereinn; andest of WHEREAS, the concept plan provided for a schedule of development beginning in 198 iandaending in 1989, for which the owner is requesting WHEREAS, the Planning and Zoning Commission has recommended { approval of the requested extension; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: scCTION I, That paragraph a of the concept plan of Ordinance No. 86-210 (shown therein as Exhibit "B"), providing for the proposed schedule of development for the district, is amended to read as follows: 8. The schedule for submission of the detailed plan and the beginning of construction for the designated land uses shall be as follows: netwite.d Ptan submission Construction { SF-7 Augus`. 1990 November 1991 Gardenhomes August 1990 November 1991 November 1991 General Retail November 1990 March 1992 i Multi-family November 1991 I rTION III That a copy of this ordinance shall be attached to ordinance No. 86-210, showing the amendment herein made. SECTTO III. That this ordinance shall become effective immediately upon its passage and approval. i I I i V I I M day Of 1989. f PASSED AND APPROVED this the Ir RAY STEPHENSr MAYOR i I I ATTEST: JENNIFER WALTERSr CITY SECRE^^►ARY I APPROVED AS To LEGAL FORK3 DEBRA ADAMI D YOVITCH, CITY ATTORNEY SY : 8914 2 j 1 I PD-125/Page 2 1 J r" yl 1615L i 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 D,OFANDE AS CITY SAID DRAPOAPPLIESS,TOY $8.6 ORDINANCE ACRES NO. F GLAND LOCATED WEST OF NORTH LOCUST STREET (F.M, 2164) AND NORTHWEST OF HERCULES LANE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO I PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND 1 PROVIDING FOR AN EFFECTIVE DATE. 1 THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i SECTION I. That the zoning classification and use designation of 58.6 acres of real property, described in Exhibit "A", attached here- to and incorporated herein by reference, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development 11PD" District Classification and Use designs- tion under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. 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. J SECTION 111. That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. Permitted land uses in the area shown as general retail shall be restricted to those uses shown In the schedule of uses of Article 7, Section H ("Retail and Service Type Uses") of f Appendix B-Zoning of the Code of Ordinances, and the following ? additional uses: gasoline service station, new auto parts sales store, and auto laundry. 2. The area designated for single-family (SF-7) use shall be developed and used in accordance with the permitted uses and regulations applicable to the single-family (SF-7) zoning I Z-1835/PAGE 1 i 1 i to ti All that certain tract or parcel of land situated la the Thews Teby Seree►, abstract No. 1264, Denton County, Taus, and pains port of a called 63.00 acre tract described in 6 deed recorded in Volvw* ti l9, Pose peed Pecario f+enton County, Tsfas, and being sore particularly described as follower Uj inning at a stall pin at the aortheaat corner of said 63.0 acre tract, also being on the Vast right-of•voy of farm-to-wrket lead 2164 thence South 01'23'27" Vest with the vest tight-of•vey of laid femto-Kerket Road, a dieunce of 412,28 feet to a steel ►la at the northeast corner of a tract deeded to the City of Denton, recardad in Volume 732, Pege 912; j Thence worth 69.29'56" Vast with the north line of said City of Denton tratt a distance of 300.04 feet to a steel pin at the northwest cornet of said City tract: Thence South 01'19'20" Vat with the vest Iine of amid City tract a distance of 279.60 feet to a steel pin at the sertheast cornet owe o tract deeded to WA as recorded In Yoluse 1116, Psgo AM Deed 1leeardst 1 Thence Nortb 69136157" Vest vith the north ltae of said Tif>'A tract a distance j of 450.0 feet to a steel pia at :he northwest corner of sold T10A tract: Thence Sevth 01'19'11" Vest with the west line of said 7WA tract a disunce of 264.05 feet to a steel pin at the southwest corner of said TWA tract, also being on the south line of said 63.0 acre tracts Thenea North 89142'09" Vat with a fence and with the south line of sold ~ 65.0 acre tract 6 distance of 764.36 feat to a atee] pin at a rence corner I Port: Thence North 89131122" Vast with the south line of sold 65.0 acre tract 6 dietsnce of 1104.48 feet to a steel pie at the sovthvebt eernet of sold 65.0 acre tracil + Thence Worth 01120136" fist with the west line of raid 65.0 acts tract a dir•tance of 971.7 feet to a steel pin at the northwest corner of 6114 65.0 ~ a,re tract; 7~en<e South 89'32'56" Last with the north line of old 6S.0 Otte tract n d,stanr.e of 1918.99 feet to the point of peginning containing to all 56.652 acres of land, sore or leis. I.~v: 1 i COLEMAN & ASSOC, SURVEYING -11 S. LOCUST uiTE 106 P.O. Sox 686 ~ DENTON, TEXAS 782024686 ~ (8 1 71 566-0215 2.84 Central Retail FICLD NOTES to all that certain tract of land situated in the Thomas Toby Survey Abstract Number 1286 in the City of Denton, Denton County,Texas and being a part of the called 58.662 acre tract described in the Deed from James F. Lunsford, Trustee at al to Roberds Investments, Inc, Trustee recorded in Volume 1705 Page 163 of the Deed Records of Denton County, Tex- as= the subject tract being more particularly described as followst BEGINNING for the Northeast Corner of the tract being described hertin at a steel pin at the Northeast Corner of the said 58.662 acre tract in the Nest line of FN Highway 21641 THENCE South 01 Degree 23 Minutes 27 Seconds hest wtih the East line of the-iaid 584662 acre tract and the best line of the said highway a diet- ance of 412.38 feet to a stool pin at the Northeast Corner of a City of Denton Tract recorded in Volume 732 Pate 972 of the said Deed Records] THENCE North 89 Degrees 29 Minutes 34 Seconds West with the North line of the said City of Denton Tract a distance of 300.44 feet to a steel pin at the Northwest Corner theroofl i THENCE North 01 Decree 19 Minutes East a distance of 411.0 feet mare or less to a point in the North line of the said 58.662 acre tractt 1 THENCE South 89 Decrees 32 Minutes 56 Seconds East with the North line of the said 56.662 acre tract a distance of 300.6 feet more of lest to the PLACE OF BEGINNING and enclosing 2.84 acres of land, more or losto Those Field Notes were prepared from record information onlyo Date Michael J, Kern RrP.S. No.. 4158 y1.1....• 4414P t a ."o too, j ...t.«.. 4158 su P 1 r E COLEMAN & ASSOC. SURVEYING I? S. LOCUST, SUITE 108 a P.O. 60X 686 OENTON, TEXAS 162024686 9 1617) 565.82, 11.1 Multi-Family FIELD !COTES to all that certain tract of land situated in the Thomas Toby Survey Abstract Number 1268 in the City of Denton, Denton Coun- ty. Texas and being a cart of the called 58.662 acre tract described in the Deed from James F.- Lunsford, Trustee at al to Roberds Invest- ments. Inc. Trustee recorded in Volume 1703 Pate 163 of the Deed Re- cords of Denton Countv. TsxasI the sublect tract being more Partic- ularly described as follows BEGINNING for the Northeast Corner of the tract being described here- in at a Pcint in the North line of the said 38.662 acre trace, said Point being North 89 Degrees 32 Minutes 56 Seconds West a distance of 300.0 feet from the Northeast Corner thereofl THENCE South 01 Degree 19 Minutes West at 412 feet more or less pass- inn the Northeast Corner of a City of Denton Tract recorded in Vol- ume 732 Pace 972 of the said Deed Records and continuing along said f course) in allo a total distance of 634 feet more or less to a point s in the North line of a 60 foot easement describe4 in the Deed from j Janes F. Lunsford. Trustee to Brazos Electric jop recorded in Vol- ume 749 Pate 395 of the said Deed Recordsl THENCE `forth 89 Degrees 33 Minutes West with the North line of the said easement a distance of 764 feet more or less to a point for the Southwest Corner of the herein described tracts THENCE North 01 Degree 19 Minutes East a distance of 634 feet more or less to a point in the North line of the said 58,„662 acre tract for the Northwest Corner of the herein described tracts THENCE South 89 Degrees 32 Minutes 56 Seconds East with the North line of the said 38,662 acre tract a distance of 764 feet more or less to the PLACE OF BEGINNING and enclosing 11.1 acres of land more of less. These Field Notes were prepared from record information only. s~.✓,-.1 .t'..,,~ .ter ro 406 ' Mi hail J. [ern Re?.4. No. 4158 Da e at 4 MICHAEL J. xtom I N 4158 ? AGSt,~ V~+~er suR r h COLEMAN & ASSOCs SURVEYING 417 S. LOCUST, SUITE 106 • P.O. BOX 688 • OENTON, TEXAS 78202-OW • {8171 5654215 i 7.27 Garden flames/Town !louse FIELD NOTES to all that certain tract of land situated in the Thomas Toby Survey Abstract Number 1268 in the City of Denton, Denton Coun- tv, Texas and beint a Dart of the called 5&.462 acre tract described in the Decd from James Fe Lunsford, Trustee at al to Roberds Invest- ments, Inc, Trustee recorded in Volume 1705 Pate 163 of the Deed Re- cords of Denton County. Texast the subject tract beint more partic- ularly described as followst BEGINNING for the Northwest Corner of the tract beint described here- in at a taint being the most Northerly Northeast Corner of a called 14.56 acre easement described in the easement from James F. Lunsford, Trustee to Texas Municipal Power Agency recorded in Volume 1097 Pate 352 of the sAid Deed Records, said point also being South 89 Decrees 33 Minutes East a distance of 1356 feet more or lees from the North- west Corner of the said 59.662 acre traett i THENCE South 89 Detreea 33 Minutes East with the North line of the said $8,662 acre tract a distance of 500x0 feet more of lees to a point for the Northeast Corner of the herein described tract; THENCE South 01 Degree 19 Minutes West a distance of 634.0 feet more or less to a point in the North line of a 60 foot wide easement de- scribed in the Deed from James F. Lunsford, Trustee to srasos flee- ttic Coop recorded in Volume 749 Pace 39S of the said Deed Records; THENCE North 89 Degrees 33 lM itas Beet with the North lite Thereof a distance of 500.0 feet more or ton to a point in the East line of the said Texas Municipal Power Agency Easement for the Southwast Cotner of the herein described tract; THENCE. North Ol Degrees 19 Minutes East with the East lies of the said Tows ttn- icipal Power ApncT ounwit a dista of 634 feet sure cc lop to the PLACE OF BE- Gn*= and enclosing 7.27 acres of land, more or less, Thee! Field Notes were prepared from record infotvation onlv.. :lichael Jr Kern R.,.P...S.. No., 4158 Date 1 N...1..x[...11N.. w i MICNAfI J. NALN., 4158.....!, 1 ~s~+r......... sup i r COLEMAN & i•1►SSOCs SUAVE T ING a17 S. LOCUST, SUITE 106 • P,O. BOX 686 DENTON, TEXAS 762020688 • (817) HS-8215 16,64 Singlc-Fsmiiy-7 FIELD NOTES to all that contain tract of land situated in the Thomas Toby Survey Abstract Number 1286 in the City of Denton, Denton Coun- ty, Texas and being a part of the called $8.662 acre tract described in the Deed from James F. Lunsford, Trustee at it to Robetds Invest- ments, Inc. Trustee recorded in Volume 1705 Pace 163 of the Dead Re- cords of Denton County, Texass the subiect tract being more partic- ularly described as followsi BEGINNING for the Northwest Corner of the •-act being described here- in at the Northwest Corner of the said 58•.062 acre tracts 1 THENCE South 89 Deazees 32 Ninutes 56 Seconds East with the North line of the said tract a distance Af 1281 feat to a point at the most Northerly Northwest Corner of a called i4«56 acre easement described In the easement from James F. Lunsford, Trustee to Texas Municipal Power Agency recorded in Volumo 1097 Page 352 of the said Dead Recordsf THENCE South 01 Doom 19 !Singes Skst with the lbrt lire of the said easensnt a { distance of 634 feet more or less to a point in the North line of a 60 foot vW4 ease- ment described in the Deed from James E., Lunsford. Trustee to Brazos Electric Coop recorded in Volume 749 Page 395 of the said Deed Recorder THENCE North 89 Degroes 33 %&Lrta I*st with the North lire of the said Brazos Electric Easement a distance of 1281 feat non or Iass to a point in the West line of the said 5&.662 acre tract for the Southwest Corner of the herein de- 1 scsibeo tract] THENCE North 01 Degree 19 4inutes East with the said Kest line a distance of 634 feet more or less to the PUCE OF BEGINNING and enclosing 18.64 acres of land more or lesst These Field Notes were prepared from record information only., ?fir❑/eel J« Kern &.P,.S. Now 4158 Tate 1a~~"~~ F•r7`•,4 ~ e Wli 'ya MICNA[l J. K[RN . , u...w.. a I I 4150 ! . L r I ri S I COLEMAN b► ASSOC. S URVtcYINO 417 S. LOCUST, SUITE 106 • A.O. 8Ox 666 DENTON, TEXAS 76202-0666 (617) $bSd2+ 16.61 Acres Creenbelt FIELD NOTES to 411 that certain tract of land situated in the Thomas Toby Survey Ab;tract Number 1260 in the City of Denton, Denton County, Texas 1 and being r part of the called 56.662 acre tract desctibed in the Deed from James F. Lunsford, Trustee it a1 to Paberds Investments, Inc, , Trus- tee recorded in Volume 1705 Page 163 of the Deed Records of Denton County, + Texasl the subject tract being more particularly described as followsi JEOINNINC for the Southwest Corner of the tract being described herein at the Southwest Corner of the said 16.662 aere tractt THENCE North 01 Degrees 20 Minutes East with the Heat line of the said 56462 acre tract a distance of 342 feet more or less to the Northwest Cor- ner of a Texas Municipal Power Agency Easement) THENCE South 69 Degrees 33 Minutes East with the North line of the said easement s distance of 1261 feet more or less to an angle point in the said aaesment t THENCE North 01 Degrees 19 Minutes East continuing with the said easement a distance of 634 feet more or less to a point in the North line of the as!d 56.662 acre tr4ott THENCE South 69 Degrees 33 Minutes East with the North line a distance 0 75.00 feet to a paint in the last line of the said easement) I ` 1 THENCE South 01 Degrees 19 Minutes Hest with the said last line of the said easement a distance of 634 feet to' in angle point in the said assemsntt THENCE South 69 Degrees 33 Minutes East continuing with the North line of the said easement a distance of 1264 feet more or less to a point in the East line of the said M A U aere tract) J THENCE South 01 Degrees 19 Minutes Vest with the East line a distance of 60.00 feet to a re-entt4nt corner of the said 56.662 acre tractt THENCE North st Degrees 37 minutes 00 Second# Hest with the South line of the said tract a distance of 450.00 lest to a to-entrant corner of the said r tractt South 01 id trac aHdistance of 204e(sets more Minutes or u loss West the t South Southeast Corner4of thet said 56.662 aere tract) ~ I THENCE North 69 Degrees 29 Minutes Hest with the South line of the said 36.662 acre tract and the South lima of the abovamentioned easement a dis- tance of 2170 feet more or loss to rho PUCE OF DECINNINO and enclosins 16.61 acres of land, more or less. These Field Notes were prepared from record information onlrr 01114 %1i at J. Kern No. 4156 Data + + I k I v EXHIBIT "B" CONCEPT PLAN FOR ROBERDS INVESTMINTS, INC,* CONSISTING OFr 1. Conceptual site Plan 11 page) 2. General Notes, Development Schedule and Development Summary 12 pages). E i I a i 1 I I I Z-1833 , f _J I ' ~ . ~~7F • r rwr.r r r rrr..i rr~~' r ~ ~ •w w'~"'~+'ArIrN~ f ~ f 4 &T=417& v ml . T.. ~M/•tl!l.~lirar•rr}ir•~+ LL •.••~.~.11`.,wr ~ tM w.~ L r~ 1.♦ ur~IM •Ji J1I ~l r 1 . ' \ M N N M r rr ~ 1MI , I 4ww1~ L7 n M r • + • 1 t ~ urn u• ~ - .f w 1 90 _ I 2~ r ism O...q MA yv/►~ M,'~^!1/ rI "till ft$W. Mu fbv3wH 0400 momma" ZONING [OI1GEf'f PT{~ ~ ~ F "WSMW trio, i r (WKP% ap ADD1710►~f) Y-'- Vw» fwn rir► J :1 C . fit, .........,~.1~.,..., ~ Mtt //fr R~7 Iu~551HE1 ~Ty IF.IG. O< BURKE ENGINEERING -7 MNMaI srr ~1lllf nr• 7r .n i • .~I~i I.r r 11lM i II i, If , E I T r - - - - - wall S rA 1 GL~fR,tL .nCitti ~I 1 I. pro'oad bnaltf for the M-I oectlen is it., vnua/at„ Mellen, a Coal II toal0ofntlrhe"#. law 74 Cargo$ Hawll are?proposeduatta//oil gy oflll,j units/se, ^ e M-( section rill Is limited to tvo-story structure halght. T1.14 Cstson No's &Action will to limited to two-story strYCtura height. 3. M interior public strolls will have 30' rtgne-o!•vay, N Cl and M•r sections will concert to mil opollcsllf $Solve Ind wl• JYrlfloe ragulettoas for these respective eUsnfteatwns, 1. '40 Carctn plot* sacttta is propose# to provide either rare lot line de- aCrH single (ally, or aenvsnelonal structure pletasne relidfntal wit. en +nd utdual Cudtn game yr.lt toy Rive a ills an a leg line, 044ea0 s afer to the typical 401611 on this shpt,) Menteut ppoposto let Wiwi fQr 100'tRtTMelOlale" loteareaefarfront eachwwillnis b'wonq~ go.WFront depth tlaces are preptsod to of IS', aide setbacks of port U Ant one side (if utiltseo Zero notauses &A Zero LAceaUK*, 1edt10'efeartsollnl, of each ails it 6. lutlding slupas ors subject to fearttnatm with prapeattea of (tall Architectural dailies, ! 1, this land is turreatly disilutdd of low Intensity by the Dewftopteat Cold#. rRf lntlcepeted terelopoent scMd„is tar capletion of each section to Stettin Nestled plan t.aeagrYttla SW gut. 141( ;few. LM Carea-N RMITeuehwss Awl. 191? Not. 19" Conseil Rstsll 'toy. 1917 4ultt•flatly ,der, 1944 'taw, 191{ Mir, 1919 i P. lit w6torllead and Meltarp sewn lenor will be dsetlned to aecer4aeee with tom r0gwiremts of the City N Notes, ~P rho Worst Retail Iwildtnl streetere will It tetlAek 110' trot the 3.M. 1111 RAY ad so, from tom Noldwles 1.4-9, the M-/ lolldins struttvrea will M sotbech 3S' fro the Mercelee 1-0-9. 00. le structure, ether this a masse project sign, is peopepd (or the ?S' Crsellett slang 9. Loeal. T a .n+ w+ MLILnt area at AM U to 69,40 64. it, the structure will )f aso-sarr -Nigh. t e141hease 1d peel uo Uaaed for the 'I-f area And the CrNnN1t will be rtWiled b cosh"al~ews/ Ise the T.K.P.A. pat recreational use. Strseatas will 14 Isdleeul e1 the Detailed PIAM. i ill "to" to tta Cenral Retail uetloe rill be (roll Morcotu. I i 2 i 44 WD USE AREA (acres) TRIP CLvLuTi„d . (ert~s/ae./Qaf) TRIPS/DAY 2.64 General Retail 111,1,10 650 CarAvo 119 1J S r-7 18. 7. 2d/ 7 100 1:529$44 Creinbalt 41 120 18, 81 159 Totals ' 56.66 t, 836 DEYEIAPl m SU1'01ARr LAND US8 AM (acres) No. of UNM UNI?S/ACRI Cao. Retail 2,64 Multi-ranilr 11.10 - Car, ly, 7127 190 9r-7 74 17.1 Cr"ADalt 1816E 76 10.2 18.01 4,1 Totals 58166 340 Arardle Cross Deasit j 7 6,1 Vaits/acre. i ~ i f I I i ;a 1 n 1 Q I 1 i 1 1 I 1 1 1 1 I I j\jl F i ' ^I I r , 11 / 1 j March 21, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE APPLICATION WITH THE TEXAS WATER COMMISSION FOR, AND TO TAKE SUCH OTHER ACTIONS AS ARE NECESSARY TO OBTAIN AUTHORIZATION UNDER STATE LAW TO USE WATER. FROM LAKE RAY ROBERTS AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: The Public Utilities Board, at their meeting of January 25, 1989, recommended to the City Council approval of subject Resolution authorizing the City Manager to sign an application for the non-consumptive water right from Lake Ray Roberts as required for the Ray Roberts Hydreelectric Project. SUMMARY/BACKGROUND: As a condition of the Federal Energy Regulatory Commission's license, the City of Denton is required to obtain necessary permits for the utilization of the water flows from Lake Ray Roberts to operate the hydroelectric project. Attached Exhibit 11 Is the "Application for Amendment to Certification of Adjudication No. 08-2335" which is the application for the non-consumptive water right for flows from lake Ray Roberts. This application does not affect any use of water but merely will authorize, in the form of a "non-consumptive water right", the right to place the hydroelectric unit in the outlet of the Ray Roberts Reservoir, Also, for the Board's information, we are attaching herewith as Exhibit III, the Supplemental Agreement N2 to the Denton/Dallas Water Contract to allow Denton to install a hydroelectric unit at the outlet of Lake Ray Roberts. This Supplemental Agreement N2 is identical to Supplemental Agreement 01 which was for Lake Lewisville, except there was no issue regarding conflict of use of the outlet works as existed at Lake Lewisville, there is no payment to Dallas, and this agreement outlir,ee that both Denton and Dallas will need non-consumptive permits. F3i 4 City Council Meeting Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, citizens, City of Dallas, Legal Department, FERC, FISCAL IMPACT: Filing Fees and legal fees are not determinabl at this.'tlmc. Y~ Re ct u}yy_y{J►mit 11'a , j Manager rre Prepared/Approved by, R. E.-R e son, Executive reclflr Department of Utilities I Approved by, e son, xecut ve Director- Department of Utilities Exhibit I Resolution III Application Supplemental Agreement N2-Dallas 1Y PUB Minutes of January 25, 1989 I y~ i b335U:1-2 ~y 2628L _ RESOLUTION NO, A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE APPLICATION WITH THE TEXAS WATER COMMISSION FCAo AND TO TAKE SUCH OTHER ACTIONS AS ARE NECESSARY TO OBTAIN AUTHORIZATION UNDER STATE LAW TO USE WATER FROM LAKE RAY ROBERTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton is the owner of Certificate of Adjudication No. 08.2335 issued by the Texas Water Commission authorising the stora``a of 207,896 acre-foot of water in Lake ay d nistic and the diversion of saga Par andU8 for ■unicipal and usel WHEREAS, Lake Ray Roberts and the dam creating it are owned by the United States of America and operated by the Corps of Engineers; and WHEREAS, the Corppppes of Engineers has consented to the hydeoilaotiio factliei eiation. bdyam; the City o ! Denton of WHEREAS, the City o f Denton has obtained Lisaes No. 3934 from the Fi+aral Energy Regulatory Commission authorising the City o install and operate hydroelectric facilities in Lake Roberts Ray WHEREAS, it has been determined that the installation and of Dontoajea Ray Roberts the t City at the dam is in the best interest of facilities WHEREAS. State law requires authorization from the Texas Water Comsission for the use of water for hydroelectric power generation; NOW, THEREFORE, BE IT RESOLVED BY TNti COUNCIL OF THE CITY OF DOMMI t CTT to City of lorDenton, to afile a plieition with the authoe sa y he i Texas Wstar Cossissioa for, and to take sun other actions as are neeassarl to obtain authorisatioa under State law to use water fros Lake Ray Roberts for the generation of hydroelectric power and purposes inotdeatal thereto SECTION II. ~t this resolution hall becose effective Lase a s y upgP Us Paag and ! EXH1BIT,,,,, 3+ a } PASSED AND APPROVED this the day of . 1989. J I ATTEST] 4 M50 CITY Stamm APPROVED AS TO LEGAL FORMt DEEM ADAMI DRtAYOVITCH, CITY ATTORNEY { byt i i 1 S} F L l 1 i TEXAS WATER COMMISSION P. O.'SOX BOX 13087 Austin, Texas 78711.3087 APPLICATION FOR AMENDMENT TO CERTIFICATE OF ADJUDICATION NO. 08.2335 (Section 11.121, Texas Water Code) 1. PERSONAL DATA OF APPLICANT: i A. Name: City of Denton B. Mailing Address: 216 East McKinney, Denton, Texas 76201 0. Tel*. Nos.: Office (817) 588.8230; After 5 plm. (817) 666.8250 i j 0. Social Security or Federal 10 Not NIA I 2. DAM, RESERVOIR AND WATERCOURSE DATA: A. Type of Storage Reservoir: existing on channel reservoir as authorized by Certificate of Adjudication Number 08.2335. i 0. Structure/Dirsot Diversion: 1 i 1. Watercourse: Elm Fork, Trinity River 2. Basin: Trinity River Basin 3. Reservoir: Lakp Ray Roberts i 4. County: Denton EXHIBIT...L 1 J i rl i r C. Reservoir: See Certificate of Adjudication No. 08.2335. D. U.S. roll r`•onservation Service Structure: NIA E. Drainage Area: NIA 3. APPROPRIATION REQUEST: - A. Appropriated water will bo used as follows: I 1. Purpose: Hydroelectric power generation 2. Place of Use: Outlet works and (stilling basin] 3. Acre-Feet per annum: 235,338 i i 4. Comment: Water appropriated under this certiflcate amendment will be released by the U.S. Army Corps of t I Engineers through the low flow outfel of Ray Roberts dam for nonconsumpilve, hydroelectric owsr p generation. Certificate of Adjudication No. 08.2335 authorizot I appropriation of 207,898 acre-feet by the City of Denton and Certlflcats of Adjudication No. 08.2455, as amended authorizes an annual appropriation of 691,704 acre-feet by the City of Dallas, both from Lake Ray Roberts. To the applicant's knowledge, there are no outstanding hydroelectric dghls on any of the water rights representsd by these two certificates. The requestea appropriation of - 236,338 acre-feet corresponds to the maximum capacity of I i v the turbine planned for Installation by applicant. The proposed installation and use of the generating facilities will not necessitate any modification of permitted maximum release rates. 8. Diversion: t. Location of point of diversion 430 N a 290 W (bearing) 1,987 feet (distance) from the southeast corner of Martha Langston Original Survey No. NIA, Abstract No. 739 , Denton County, Texas. 24 Location from nearby town: See Certificate of Adjudication No. 08-2335. I ~ . 3. The diversion will be: from an existing on-channel { reservoir. 4. Rate of Diversion: a. Maxlmunt: 129,111 gpm b. Diversion faclllty: 4. Number of turbines, 1 l~1 2. Type of turbine: 3. Turbine capacity: 145870,00 gpm (325 cis) xi S. Comment: Exhibit F-1 of the City of Demon's application to the Federal Energy Regulatory Commission (FERC) for a license for a Minor Water Power Project is attached to illustrate the location and distance of the proposed diversion. Low-flow releases from Lake Ray Roberts are presently passed through a 5-foot diameter steel pipe, and discharged through the low-flow outlet portal, Addition of the proposed turbine for hydroelectric development will entail the connection of a 5-foot diameter welded j steel pipe to the blind flange bifurcation on the low-flow conduit. A 1176-foot section of the 6-foot diameter steel pipe will be connected to the turbine, located about 30 feet from the side of the [planned stilling basin]. 4 The proposed Lake nay Roberts Hydrooloctric Project will include one hori:ontel•shaft propeller turbine with a discharge capacity of k approximately 326 cubic feet per second (cis). When reservoir release rates must exceed turbine dischwVo capacity, water can be simultaneously passed through the hydraulic turbine and the existing low-flow outlet portal. 4 I I w C. Return water or Return Flow: 1. Water which is diverted but not consumed as a result of the above stated use will be returned to Elm Fork, tributary of Trinity River , tributary of Trinity River, Basin. [Point out no water will be used]. 2. Comment: A tailrace will extend about 100 feet downstream from the turbine draft tube, running parallel to the [stilling basin], to the Elm Fork of the Trinity River. (Add environmental statement]. D. Surplus Water: NIA i 4. GENERAL INFORMATION: t A. The proposed works will be located on the land of the United States managed by the U.S. Army Corps of Engineers, whose mailing address Is P.O. Box 17300, Fort Worth, Texas, 78102. B. Irrlgailon: N/A C. If the application for the appropriation Is granted In 1 whole or In part, construction works will be begun by { March 20, 1989. The proposed work will be completed within two years of the date of Issuance of the amendment, I a n , 0. A Conservation Plan Is E. (1) inter-watershed transfer: N/A (2) Transbasin Diversion: NIA 5. Msps, plats, plans, and drawing accompany this application as required by applicable TAC Sections. 8. Multiple dams and reservoirs, diversion points, return points, etc.: N/A i I I I See attached Resolution No. . authorizing Application. Subscribed and sworn to as being true and correct before me on this the day of 1988. Notary Publlo, State o loxes i I 'r p' JAN 25 1989 jj,~ 2626L NO. 29 -Q/e AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT N0. 2 BETWEEN THE CITIES OF DALLAS AND DENTON; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i 1 SECTION I. That the City Council hereby approves and author :ea t e Mayor to execute Supplemental Agreement No. 2 between the Cities of Dallas and Denton regarding the City of Denton's proposed Ray Roberts Hydroelectric Turbine, under the terms and conditions contained in said supplemental agreement, a copy of which is attached and made a part hereof. li f SECTION II. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of , 1989. i I t 4, RAY-ST , P.yaR---'~ i ATTEST: " I, 'FAFY APPROVED'A3 TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: COUNCIL CMAMeaR8 0 3 98 January 5 1989 WHEREAS, the Cities of Dallas and Denton desire to amend Exhibit F of the August 1, 1985 contract for the sale of untreated water to the City of Denton by the City of Dallas with "Supplemental Agreement No. 2"; and WHEREAS, the amendment will provide for specific details regarding the use of the Ray Roberts Lake Outlet Conduit and Water Flows and the City of Denton s Proposed Ray Roberts Hydroelectric Turbine; and WHEREAS, the City of Denton desires to install a hydroelectric turbine generator on Ray Roberts Lake Outlet conduits for operation in 1991; Now, Therefore RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS; Section 1. That the City Manager be and is hereby authorized to enter into an awdnent to Exhibit F of the existing August 7, 1985 contract for the sale of untreated water to the City of Denton with "Su•+plemental Agreement No. 2" after approval of the amendment by the City Attorney. f Section 2. That this resolution shall take effect from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. i J CITY uNCIL JAN I 198 AMROY IIOY10 A►►II OV10 of M R 10 OP 1A 41 NT bMEE G 4ANAOIII F i SUPPLEMENTAL AGREEMENT NO. 2 TO UNTREATED WATER CONTRACT BETWEEN THE CITIES OF DALLAS AND DENTON 1. Exhibit F to the Original Contract, dated August 71 1985, is amended to add the following Paragraph 28: Regarding the use of the CITY OF DALLAS' RAY ROBERTS LAKE OUTLET CONDUIT and WATER FLOWS and the CITY OF DENTON'S Proposed RAY ROBERTS HYDROELECTRIC TURBINE, the Cities of Dallas and Denton agree to add the following operational conditions: i A. Dallas will not object to Denton's installation of a hydroelectric I turbine generator on Ray Roberts Lake Outlet conduits for operation in 1991. I B. Dallas will continue to have complete control over determining ; f Dallas' water releases from Rey Roberts Lake through Denton's a hydroelectric turbine. Denton will continue to have complete control over determining Denton's water releases from Ray Roberts Lake j through subject hydroelectric turbine. Such water releases shall be ' i for the purpose of providing a supply of water to the downstream Lewisville Lake water supply reservoir and the water supply for water plants dependent on the water therein. The generation of electricity by the hydroelectric unit will be incidental to the water supply releases. The conservation of water for the municipal water system's use is the primary and paramount purpose of water releases; however, Dallas and Denton will take into consideration the needs of the hydroelectric plant where feasible. ! - - EXHIBIT 0.,. a V t. g~ W 1 1 x V l C, Dallas and Denton will each obtain a separate "non-consumptive water right" from the Texas Water Commission for the hydroelectric turbine. Dallas and Denton will have permitted rights for their respective releases, but Dallas will allow Denton's use of its permit for hydroelectric generation as required by Denton's FERC permit and as herein agreed. Any costs incurred by Dallas to secure such permits and any annual or other periodic permit fees shall be paid by Denton. Any such permitted right shall be subject to Dallas' and Denton's right to use water for municipal purposes, in the event Dallas' need for municipal purpose requires it. Dallas may discontinue discharge of its water releases which may cause Denton to cease hydroelectric operations, 0. Denton shalt work with and support Dallas, if any actions are initiated by the Federal Energy Regulatory Commission or its successor agency and/or other bodies that may attempt to impose jurisdiction or any criteria on Denton or Dallas, resulting from Denton's hydroelectric project, which would have the effect of diminishing Dallas' and/or Denton's water rights or safe yields of Ray Roberts Lake. E. ownership of the hydroelectric plant will stay with the City of j Denton, and Denton will not sell or sublease to any other organization without the prior agreement of Dallas. 2, The above operational conditions are agreed to pursuant to Paragraph 2 of the Exhibit F of the Original Contract. i 3. All other terms, provisions, conditions and obligations of the original Contract between Dallas and Denton, dated August 7, 1985, shall remain in full force and effect, and said original contract, as some may have been previously amended, and this Supplemental Agreement No. 2 shall be construed together as a single contractual agreement. } i I ill I I i 1989. PASSED AND APPROVED THIS 25th day of Janua_ r_~_ CITY OF DALLAS Approved as to farm: ANALESLIE KNCY, City Attorney RICHARD KNIGHT, JR., City manager By By Assistant City Manager Assistant City Attorney Suh aadr, CITY OF DEN_TON ATTEST: BY 9y MAYOR CITY SECRETARY i I APPROVED AS TO FORM: G By By i CITY ATTORNEY i EXHIBIT F OPERATIONAL AGREEMENT BETWEEN DALLAS AND DENTON FOR LEWISVILLE LAKE AND RAY ROBERTS LAKE 1. Purpose The purpose of this agreement is to, provide a basis for the joint operation by Dallas and Denton of Lewisville Lake and Ray Roberts Lake. 2. water Su lY Release Dallas and Denton agree that Dallas shall act as spokesman for Dallas and Denton to the Corps of Engineecs, in behalf of both Dallas and Denton, in requesting all water supply celeases fcom Ray Roberts Lake and Lewisville Lake. Ten days after written notice to Dallas and the Corps of [ngineecs, Denton may assume the role of spokesman (cc Denton's share of water supply releases and management of its storage in Ray Roberts and Lewisville Lake. i Releases made from Ray Roberts Lake in accordance with the { minimum release schedule in the Memorandum of Agreement between Dallas, Denton and the United States of America shall be shared proportionately between Dallas (74%) and Denton (26%) When Dallas is operating the reservoir and acting as spokesman to the Corps of Fngineecs i,+ behalf of Denton, Denton shall advise Dallas weekly of water releases to be made in Denton's behalf. , Dallas recognizes that Denton plans tQ install hydroelectric generating units on Lewisville Lake and Ray Roberts Lake and agrees to give consideration in making water releases from the reservoirs for beneficial use of the hydroelectric units. Dallas and Denton shall formulate conditions for water releases from the reservoirs that accommodate Denton's need (cc water fat hydroelectric generation and conditions pertaining to j compensation for any value realized in, utilizing water flows from Lewisville and Ray Roberts Lakes tot the pucpoae of generating electric power by a separate document. However, primary consideration in operating the reservoirs and scheduling water releases from the reservoirs shall be maximization of dependable yield, conservation of water and efficient operation ' of the reutvoics. C ~ , F-1 l i 7, withdrawals Denton agrees to withdraw from Lewisville Lake on an annual average basis, an amount at least equal to Denton's dependable yield share of the existing Lewisville Lake plus 16% of Denton's dependable yield share of the Ray Roberts Incremental Project, providing Denton's requirements for water are sufficient to I require such withdrawals. Dallas and Denton agree that they I shall operate Lewisville Lake and Ray Roberts Lake as a reservoir system and, during the filling period of the Ray Roberts Incremental Project, Dallas withdrawals from this system shall be limited to the withdrawals Dallas would have made if ' the Ray Roberts project had not been built, The Dallas schedule for withdrawals from existing Lewisville Lake is specified in the Dallas Reservoir Operations Guidelines. During the filling period of the Ray Roberts Incremental Project, Dallas' oaximum release will be based on what the level of Lewisville Lake would have been if Ray Roberts Lake had not been built. Thia level will be determined by hydrologic study. After the filling period of the Ray Roberts Incremental Project, Dallas shall be allowed to overdraft Lewisville Lake and Ray Roberts Lake. Dallas agrees that Lewisville Lake and Ray Roberts lake shall be operated such that Denton will be able to withdraw its share of the dependable yield of Lewisville Lake I and Ray Roberts Lake and its water demand from Dallas, estabished according to provision 5.0, throughout a Critical Drought period. 1. Water 4ualitY lach city agrees to strive to prevent a degradation in water quality in Lewisville Lake and Ray Roberts Lake resulting from that city's actions. Dallas and Denton agree that they will not divert water from 1 other sources Into Lewisville Lake or Ray Roberts unless Dallas and Denton mutually agree to the proposed diversion. Such agreement shall not be unreasonably withheld. 5. ,~olnt Ooecatino Committee A joint operating committee consisting of cepcesentatives from Dallas, Denton and Lewisville shall be organised for the purpose of periodically meeting to discuss and, if necessary, formulate conditions of operation for the Lewisville and Ray Roberts I I ' reservoirs. F - Z r y a { Meetings shall normally be convened semi-annually during the months of March and September. Denton shall be represented by its City Manager and/or Director of Utilities. Dallas shall be represented by its Director of Water Utilities or his designated repcesentat0 e. Manager and/or, - Lewisville shall represented Production and W stewater. Superintendent of water I v d 6' A han 'F be made by mutual eement Changes in this O oft Dallas and Denton mat any time. agreement in writing g i i F - 3 I 8S68K , r r r I SUPPLEMENTAL AGREEK NT NO. I TO UNTREATED WATER CONTRACT I BETWEEN THE CITIES OF DALLAS AND DENTON 1, exhibit F to the original Contract, dated August 1985, is &%amded to add the following Paragraph 2A; Regarding the use of the CITY OF DALLAS' LEWISVILLE LAKE OUTLET CONDUIT AND WATER FLOWS and the CITY Of OENTON'S Proposed LEWISVILLE HYDROELECTRIC F TURBINE, the Cities of 041141 and Denton agree to add she following operational conditions: ' A, Dallas will not exercise its right to transport water through the oltme, proposed pipthe ye4rr OgLwisville Lake to (Is Fork Water Treatment Plant 'e, Dallas will not object to Denton 's installation of a hydroelectric turbine generator on 041162' Lewisville Like Outlet conduits for ` operation In 1990, ` C, Deltas will continue to have cosptete 4n4 fatal control over determining the water rolasot free Lewisville Like Including water rel asps p4111n through Denton's hydreeleotric turbine, wt water release'. shall to for tho purpose of providing 4 supply of water to 04114s' wow plants. The generation of $IoctM city b the hydroelectric unit will be Incidental to the water supply release. The conservation of water for the municipal ester systot 1 use is the prima and paramount purpose of rater relasesi however, Dallas will take Into consideration the needs of the, hydreelectric plant where feasible, D, Dallas will obtain 4 'nomconsumptive water right' era the Texas Water Cosaluion for the hydroelectric turbine, My persitted runt will be the ppoossee110n of Dallas but 041146 will allow Denton's use of such permits for hydroelectric generation time 41 required by Denton 's FERC perslt and 4s Wain agreed, Any costs incurred by 041141 to secure such perN t4 and any annual or other periodic persit fees shall bo paid by DeAbon. Arf such permitted right shell be subject to 041141' rigqht to U6e Wolff for Municipal purposes in the ovA t Dallas' need Por Municipal xrpaes requires its 041 as say require Denton to coati hydrooe ectric operstionl• f to Denton shall work with and support Dall4so if any actions are Ieltiated by the Federal (norgy ")story CMISSion or its 6YCCe164r 4gency and/or other bodies that sly attempt to Isposa jurisdiction or any ` criteria on Denton or 0411411 re6u sing frogs Denton's hydroelectric project, which would have the affect of disinishing Dallas' and/or Donton'B. wiser rights or safe yields of Lewisville lake or upstrNm reservolrl, j v I 1 , I I I I f F, In the Interim, Dallas will construct a raw water intake and pumping facility for the Elm Fork water Treatment Vlint in lieu of constructing the pipeline, However, additional energy costs will be required for Dallas to use the intake facility instead of the pipeline, and Denton will compensate Dallas for this energy in the following isaunts: From initial operation to Dectober 21, 1995 1,250,000 KIN/yr From January or, 1996, to December 318 2000 2,000,000 x5M/yr From January 01, 2001, to Installation of 2,500,000 KIN/yr Pipeline Demon's obligation will continue until 0e44419yed pipeline is placid in operation or Denton decommissions the hydroelectric unit, whichever occurs first, at which time Denton will no longer be required to compensate Dallas, Dallas will be responsible for all over costs related to the intake structure, The compensati,i for the above anounts of electricity shall be baled on the average cost per KIM that Dallas pays for electrical power at the Elm Fork pup station, 64 Ownership of the hydroelectric plant will stay with the City of Denton ,nd Denton will not sell or sublease to any other organl:ctlat without the prior agreement of 0allsse No Dallas may, at its sole option, construct and/or connect the pipeline at any time during or after year NOS, Providing Dallas notifies Denton of its intent to constwtt and/or connect the pipeline at least one year in advancee to Donlon agrees to provide at no cost to 041161 a blind flange connection at last equal in site to the existing 041161 connection upstream from the hydroelectric unit for Dallas to connect 4 pipeline for 041141' future use, Denton Mall obtain 0411441' approval of the dal9n for the blind M a e connection before It is constructed, &nton will transfer title to the piping frog Dallas' Laisville Lake Outlet coodult to the blirA Me rgo connection, including the blind flange,connoctlon, to Dallas w11 or atlas connects the pipeline to the blind flange connections The above operational conditions an agreed to pursuant to Paragraph 2 of Exhibit r of the original Contracts 3e All.SOW te++so provfslonse coedltime and obli dons of the on inal Contrast beWoSh Dallas and Dotal dated August 19630 shall rem a in full fora And efhet0 and said original Contract, se same ell have ban i "lloutly SMA Nd0 and this Supplemental Agreessent We 1 shall be construed "Off is a single contractual agnemeete i I I i t t PASSED AND APPROVED THIS day of W&g"4 19.2X, APPROVED AS TO FORM: CITY OF DALLAS ANALESLIE MIINCY, City Att4rn4y RICHARD KNIGHT, JR„ City Manager By AUTIUMI By Sutxna ~ ~ 1~+y~ ASSISUht Y W4naqmr CITY OF DENTON ATTt ST t i c I APPROVED AS TO FORM: ; J a 1 1 I i 2/1/89 13 EXCERPT MINUTES PUBLIC UTILITIES BOARD JANUARY 25, 1989 9. CONSIDER RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE APPLICATION WITH THE TEXAS WATER _ COMMISSION FOR, AND TO TAKE SUCH OTHER ACTIONS AS ARE NECESSARY TO OBTAIN AUTHORIZATION UNDER STATE LAW TO USE WATER FROM LAKE RAY ROBERTS AND PROVIDING FOR AN EFFECTIVE DATE. Nelson explained this resolution authorizes the city Manager to sign an application for the ' non-consumptive water right from Lake Ray Roberts as required for the Ray Roberts Hydroelectric Project. This permit is a condition of the Federal Energy Regulatory Commission's license. The application does not affect any use of water, but merely authorizes Denton's right to place the hydroelectric unit in the outlet of the Ray 1 Roberts Reservoir. LaPorte made a motion to recommend to the City Council approval of subject Resolution. Second by Chew, All ayes, no naya, Motion carried. i EXHIBIT" t i I f L-u I I C i i All] T 't t l • 4 i 1 S 3 h CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Park Donation Policy RECOMMENDATION: Approve resolution which would define the standard for park donation for the city of Dentca. SUMMARY: r This dresoliutfidon will be areimeetingntheoneedefornneighborhoodaparkso through this policy. BACKGROUND: A mandatory dedication ordinance was originally created to meet the City's future need for neighborhood parks. This ordinance was opposed by developers, and council requested a olic be veloed to allow the developers to voluntarily meet these standards.deDevelopers were in olv d in w itinq this polity ar~~] h ve indicated their support for the PROGRAMS, DEPARTMENTS OR GROUPS AFPE'ED: Developers will be asked to provide park land per our standardsc~ent. FISCAL IMPACT: Since we have a park donation policy, the value of the land that is donated can be used to match state funds through the Local Park Fund. RESPECT LY SUBMITTED: oY Harre City Manager Pre red byr Name taus Brinkman 1 Title Director of Parks 6 Recreation Approved: Namo Title i r CITy OF DENTON Park Donation Pollcv Summary Purpose To provide neighborhood parks in the community, Background The Park Donation policy was drafted in cooperation with the development community, The policy is designed to provide equitable guidelines for the donation and improvement of neighborhood parka by developers of residential properties, The policy to a voluntary program and was adopted on a trial basis in lieu of a park dedication ordinance, i ' Type of Development Affected All single family and multi-family residential developments in the city of Denton and the City of Denton extraterritorial jurisdiction, I Donation Standards Donation of park land, fees in lieu of land, or combination of land and fees, Lands I c 100 dwelling units in Lieu of Land: 1/4 of 11 ofconstruction u+llue ? criteria for Acceptable Park Land o Minimum of five (S) acres located outside of the floodplain unless the floodplain topography is acceptable for the placement of athletic fields. o Site suitable for the construction of park and recreation facilities, o Land may be located inside or outside of the development but must be within o proximity of the residents of the development being served. Adjacent to a school site whenever possible. o Developer is responsible for site planning, platting, off-site drainage improvements, access to utility services, and direct access by an improved street. I Criteria for Expenditure of Park Development Funds o Park land acquisition which may be a new site or expansion of an existing park site, o Park development. + 0 Improvement of an existing park, r Land Donation Procedures Site Plan - indicate location of all proposed park facilities Lx eliminary Plt - indicate number of dwelling units Indicate land donation Ffna1 plat - indicate number of dwelling units Indicate land donation ,1 y, P4' N /V{v Replat - Indicate number of unite by final plat - Indicate number of units by replat - Indicate resulting additional land donation Land Donation - Between the time of final plat approval and 501 build out Fee Donation Procedures Building Permit Application . Indicate construction value Fee Donation - At the time of issuing a building permit - one quarter (1/4) of one percent (1%) of construction value - Fees credited to park zone in which the development is located ~I Park Policy Approval Dateat 5/23/88 approved by Parks and Recreation Board 11/13/69 approved by Planning and zoning commission 2/07/89 approved by City Council i examples A developer builds 500 unite in an area with no existing park acreages standard - 1 acre per 100 units } To figure the total acres needed to eorvice a particular residential developments plug the number of housing unite into the formula. S acres/500 units - S acres A developer builds single family or multi-family residential units in an area where an undeveloped park already exists. Standard + Construction value x (.251) I To calculate the fees in lieu of lend to service a residential development, plug the construction value of the housing units into the formula, 70,000 $115 $ 601000 x (0251) $200 1 $ 908000 x (425%) $225 $1008000 x (.251) + $150 $1108000 x (025%) $275 $1208000 x (0251) - $300 ADM00016 :.1 i kwV l~ 0 *ceatg CITY of DENTON, TEXAS Civic Center/ 321 E, McKinney/ Denton, TX 76201 1 CITY OF DENTON PARKS AND RECREATION BOARD PIEETING MONDAY, FEBRUARY 201 1989 1 5730 P.M. SENIOR CENTER MEMBERS PRESENTi Carl Anderson, Chairman Dalton Gregory, Vice Chairman Roy Appleton III Rita Pilkey Catherine Bell STAFF PRESENT, Steve Brinkman, Director of Parks and Recreation Chris Smith, Administrative Assistant Steve Johnson, supervisor, Martin Luther Ring, Jr. Center Joy Beach, Senior Secretary GUESTS PRESENTS Gilbert Bernstein, Assistant Superintendent for Businese Affairs, Denton Independent School District Mike Griffin, Attorney for Denton Independent school District Jan* Malone, Denton Youth Soccer Association Bill Holt, Denton Youth football Association Ronny Kirkland, Denton Boys' Baseball Association Lou Esposito, Student to MEETINO CALLED TO ORDER The meeting was called to order by Carl Anderoon, Chairman, If, APPROVAL OF MINUTES FROM LAST MEETING ' On a motion by Dalton Gregory, second of Catherine bells the minutes of the meeting of January 23, 1989, were approved, E • ~ J~aliofral ~~iola/~~le~ccl ,~~~~{l ~~'~a:et , . Donton Parks and Rocroatlon / Denton, Texas f61rJ 066.8470 A R Parke and Recreation Board Meeting February 20, 1989 page - 2 III. Proposed Development on University Blvd. and Potential Park Donation by the Denton Independent School Districts Gilbert Bernstein and Mike Griffin, representing the Denton Independent School District, presented to the Board a proposal by DISD to donate to the City 167 acres of land on University Blvd, as a potential park site. After much discussion, Dalton Gregory moved that the Board recommend the acceptance of the donation of the property from DISD as bn appropriate location for a park area. Rita pilkey seconded the motion, The motion was passed by a unanimous vote, i IV. Youth Sports Aasociationsi In a discussion regarding the assessment of a $5.00 administrative fee to participants in the youth sports associations, Carl explained that the fee was assessed by the axecutLve Committee for the City and said the Board did not know about the fee until after the tact. He stated that he had been told by the City Manager that it the fee is not j sesseaed, the department will have to come up with $25,000 in other areas which would mean cutting some services. He said that at a previous meeting the Board members did not foil that any of the current services could be cut, in the response from the representatives of the youth sports ~ J associations, the consensus of the representatives was concern that the fee will not be used for field maintenance. Bill Holt said the fields I used for youth sports are in a run-down condition and potential dangerous situations exist in some areas. Be said the groups are not getting adequate basic support even without the $5.00 fee. Jane Malone asked when the next bona election would be held. Steve said the dates for the election may be in the fall of 1990 or the spring of 19916 She said a meeting of the youth sports groups had 'join planned for Monday, + March 6, at 5O0pm to discuss the organisation of a youth sports authority, Ve OLD BUSINESS 1, Recreation Center 12 Statusi I Steve said plane were being made to do moll tests at two sites to determine the beet location for the recreation center, He presented two options for the location of the center which were t prepared by Gary men, it option A is considered, Steve said the j department would have to go back to the developers for additional acreage, ' I i i 5 Parke and Recreation Board Meeting February 2o, 1989 Page - 3 2, Discuss Restriction of Glass Containers= Steve reported that staff in the Parka nivision were working on signing for park areas regarding the restriction of glass containers in the parks, It is hoped the eiyn~ will be up by spring, 3. Park Policy Statusi The Board members were asked to review a resolution approving the Park Donation Policy. Steve thanked the Board members for all their assistance in getting the policy to this point, Roy Appleton moved that the Board recommend approval of the resolution. Dalton Gregory seconded the motion, and the motion was passed by a unanimous vote, I VI, NEW BUSINESS 1. Martin Luther King, Jr, Recreation Center Advisory Boards stove Johnson presented the list of individuals who were elected by popular vote to the Advisory Board, Dalton Gregory moved that the slate of elected members be approved, Rita Pilkey seconded the motion, The motion was passed unanimously, { 20 Rules and Regulations for Martin Luther King, Jr. Recreation Canterr A copy of the rules and regulations was given to each member for review, Carl asked if the rules and regulationq applied to all centers, and Steve said they would, 34 Library Master Plane i Steve told the members that library personnel were working on the new CIP for the library which would involve a library in the north and one in the south and continuing to use the current library for special items, lie said persons from the library want to meet with the Board regarding the possibility of joint projects with the Parks and Recreation Department, V1I9 2MY-BUME19 CIPr I Carl asked Steve if it was too late to make changes to the CIP recommendations, Steve said no and suggested that the members attend the misting regarding the CIP at gam on Thursday# March 9# to present their views about the items, r F Parks and Recreation Board Meeting February 20, 1989 Page - 1 Carl requested an update on recently completed and upcoming renovations for parks be supplied to the members. He also called for a meeting of the Board for Monday, March 6, to consider the CIp and budget priorities, VIII. ADJOURN J Rita Pilkey moved, Roy Appleton seconded, that the meeting be adjourned. G i ADA00028 I i j i t c i j i 1 4 f g s RESOLUTION NO. _ 1 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A PARK DONATION POLICY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton Park Donation P.i[cy, attached hereto and incorporated herein by reference, is apr,oved. SECTION II. That this resolution shall become e,tective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989. i i i RAY STEPHENS, MAYOR ATTESTS k I JENNIFER WALTERS; CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY RY: ~ e1M ,Mr-• i I i I I r r i CITY OF DENTON PARR DONATION POLICY Background To provide for the need for parks created by new residential development, the City of Denton has considered the adoption of an ordinance requiring the dedication of land, or fees in lieu of land, to provide for the acquisition and improvement of pp k sites. In Lesponse to the proposed ordinance, the development community has requested that the City adopt on a trial basis, a park dedication policy in lieu of a mandatory park dedication ordinance, in a cooperative attempt to provide for park sites and improvements on a voluntary basis. A Application of Policy This policy, developed in cooperation with the development community, is intended to provide equatable guidelines to be used by persons developing residential properties within the city of Denton and its extraterritorial jurisdiction for the purpose of encouraging participation in a cooperative effort to provide for the parks or improvement of parks which will be needed to serve those developments. This policy is intended to be a voluntary program. Compliance or non-compliance with its guidelines by any person shall not be used by the City Council, the Planning and Zoning commission, or any other commission, official, or employee of the City in considering an application or request involving a zoning matter, the approval of a plat, a building permit, or any I other application or request which requires the approval of the City Council, a board or commission, official, or employee. policy A. Donations of Land. 1. Application and Amount. Donations of land should be made by any residential development which contains 500 or more dwelling ` units. The donation should be in the amount of no less than one f acre for each 100 dwelling units. 2. Land Characteristics. The land to be donated should be f selected in consultation with the Parks and Recreation De artment. Consideration should be given to locating park sites adjacent to school sites, whenever possible. Whenever linear parks are to be provided, they should be located around natural drainage and wooded areas to provide for multiple uses. For neighborhood parks, the land should be sufficient in size and shape to accommodate, on land located outside the 100-year floodplain, the following users two (2) tennis course, twelve (12) parking spaces, a picnic buildinq, a basketball court, a playground area, and other facilities specified in the Park Master Plan for that area. Areas to be used l r for soccer and baseball fields may be located within the 100-year floodplain when the topography is otherwise suitable for those uses. 3. Park Site Improvements. When the land to be donated is contiguous to a development, the developer should bear the cost of platting the site, providing public streets, driveways, and water and sewer service to the site. The City will bear the costs of all necessary streets, water and sewer lines and storm drainage improvements within the boundaries of the donated land which are necessary to make the park site usable. i 4. Manner of Donation. The land should be donated by dedication on the final plat of the development. B. Fees in Lieu o Land. r 1. Application and Amount. A fee should be paid in lieu of donating land for any residential development containing less than h 500 dwelling units. The fee should be in a minimum amount equal to one-fourth (1/4) of one per cent (1%) of the construction value of the dwelling, as identified on the building permit. 2. Pzyge1t of Fees. The fees should be paid to the City at the time the building permit is issued. The fees collected by the City shall be paid into an interest bearing park trust fund account maintained by a local bank for the benefit of the City. The trust account shall be subject to the terms of this policy and shall be paid to the City, upon request, at the time the funds are to be used far the purposes provided herein. 3. Use of Funds. All park fees collected must be used to purchase land for parks or to improve existing parks within the park planning area of the residential development for which it was received. C. Combination o Lind and Fees. Where it would be advantageous to the City and the development, the developer may make and the City may accept a donation of land, combined with the payment of fees, to satisfy the requirements of this policy. D. Return of Donated Land or Fees. 1. L&nd• If the land dedicated by plat for park purposes is not accepted by the City within ten (10) years from the date of dedication, the developer may revoke the dedication. 2. Fees. If the fees paid into the park trust fund are not paid to the City for park purposes as provided herein within ten f (10) years of the date of payment to the park trust fund, the trustee shall, upon the request of the person making the payment, return the funds to that person. PARK DONATION POLICY/Page 2 i i i I L.L.L.L= -111+444449; &.4-1 Al J J i I i k RESOLUTION NO. A RESOLUTION SUPPORTING THE IMPLEMENTATION OF A MEDICAL EXAMINER DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Denton County's population is in excess of 250,000 and is one of the most rapidly growing counties in the nation; and WHEREAS, Denton County does not presently have a medical examiner to provide autopsy services for the County; and WHEREAS, the growing number of violent deaths in Denton County need greater investigative resources than are currently available through the seven Justice Courts; and WHEREAS, a standardized investigation of deaths will provide a safer, more crime-free community; and WHEREAS, state law provides that the Commissioners court of two or more counties may enter into an agreement to create a Medical Examiner District; and WHEREAS, Denton County already budgets $100,000 for autopsies, alone, and a Medical Examiner District would only cost an additional $100,000 M to $150,000 for full medical examiner services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION is That the City of Denton hereby petitions the Commissioners Court of Denton County to implement a Medical Examiner District. SECTION I14 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989. ATTESTS RAY STEPHENS, MAYOR ! 1 f JENNIFER WALTERS, CITY SECRETARY ii APPROVED AS TO LEGAL FORMr DEBRA A. DRAYOVITCH, CITY ATTORNEY i J BY: 1 i i 11 [FIJI +4qf!!l 11 lilt- i i i i i { i +s J i r y ' ~ 11J a lAW OFFICES MGCALL, PARKHURST b HORTON T7 NORTH HARW000 402 ONE R'.VERWALK PUCE 2850 ONE AIAE RICAN CENTER AUSTIN, TEXAS 78701.3234 NINTH FLOOR SAN ANTONIO, TEXAS 78205.3503 DALLAS. TEXAS 75201-6587 r, .e.ore .a.+•as0a t..o.uF • a naf n.v.os• u0.e>a March 1, 1989 FEDERAL EXPRESS Mr. Lloyd Harrell City Manager City of Denton 215 E. McKinney St. Denton, Texas 76201 Re: Bell county Health Facilities Development Corporation i Revenue Bonds, Series 1989 (Parkside Medical Services corporation Project) I Dear Mr. Harrell: { I The Bell County Health Facilities Development Corporation i (the "Issuer") proposes, on behalf of Bell County, Texas, to issue its Revenue Bonds, Series 1989 (Parkside Medical Services Corporation Project) (the "Bonds") pursuant to the Health Facilities Development Act, Article 1528j, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), to provide funds to finance certain specified health facilities consisting of alcohol/ substance abuse centers throughout the State of Texas, ' including the Parkside facility in Denton, for Parkside Lodge of Texas, Inc. ("Parkside"), a nonprofit Delaware corporation exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. Our firm is acting as bond counsel to the Issuer in connection with the issuance of the Bonds. The use of a single issuer will enable Parkside to achieve significant cost savings with respect to the cost of issuance of the Bands. Section 4.01(1) of the Act requires that for any health facilities to be financed with Bond proceeds which are located outside Bell County, Texas, the Issuer must obtain the consent to such financing of each city, county or hospital district within such health facilities are located. i1 I T F M' , Parkside has requested the issuer to finance certain health facilities described in Exhibit A in the enclosed materials (the to:Jurisdiction i 4 0of toe "Project") which are located within the City of Denton, Texas, therefore, pursuant the Act, the consent of the City of Denton is required prior to the financing of the Project with Bond proceeds. For your convenience, I have enclosed a proposed form of such consent, together with a copy of the Application to the issuer in connection with the financing. This consent is required solely for the purposes of satisfying Section 4.01(1) of the Act and to enable the Issuer to proceed with the proposed financing of the Project with Bond proceeds; such consent in way enton imposes onnectient or other _ obligations on the City of a with the financing. Therefore, on behalf of the Issuer and Parkside I respectfully request that consideration of adoption of the enclosed consent be placed on the agenda of the City council of adonext pt such available Upon a such h approval itI and its council approve at would also very much appreciate it if you would return three completed, originally executed and sealed consents to me in the self-addressed, stamped envelope enclosed for your convenience. Please do not hesitate to contact either Fra,ik Medanich of First Southwest or me should you have any questions or comments. 1 Thank you very much for your cooperation and assistance. Sincerely, McCall, Parkhurst & Horton ! L. E. (Ted) Brizzolara, III E LEB:bc Enclosure cot Mr. Frank Medanich l+ ~I , r~ x I k i APPLICATION 10 BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION (Under the Health Facilities Development Act of 1981) I The purpose of this application is to present to the Bell County Health Facilities Development Corporation (the "Issuer") a reasonably comprehensive outline of the project ("Project") for which financing is being requested. Fill in all the blanks, using "None" or "Not Applicable" where necessary, if additional space is needed, attach separate sheets as exhibits. The complete - application must be submitted in triplicate, with one copy to the Bell County Health Facilities Development Corporation, c/o Mr. John Messer, Messer, Potts 6 ` Messer, Inc., 118 South East Street, Belton, Texas 76513, one copy to Mr. Monty Nitcholas, First Southwest Company, 370 San Jacinto Center Town Lake, 98 San Jacinto Blvd., Austin, Texas 78701.4039, and one copy to Mr. Ted Brizzolara, McCall, Parkhurst 6 Horton, Bond Counsel, 717 North Harwood, Ninth Floor, Dallas, Texas 75201. 1. Ceneral Information I a. Legal name, form of organization (corporation, partnership, etc.), and state of incorporation or organization of the entity that will acquire or construct and have title to the Project (the 'Applicant'). Parkside Lodge of Texas, Inc., a Delaware onrporation, b. Naas, address, and telephone number or numbers of the person or persons to whom questions and correspondence should be directed. Juergen H. Roennau, Senior Vice President (312) 698.4700 Parkside Medical Services Corporation E 205 A, Touhy Avenue Park Ridge, Illinois 60068 I~ C. Legal name, form of organization, and state of incorporation or J organization of any proposed guarantor of the Applicant's obligations. Parkside Medical Services Corporation, a Delaware nonprofit corporation, Lutheran Ceneral Health Care System, an Illinois nonprofit corporation, and certain other Affiliates of Parkside pursuant to a Master Trust Indenture. I~ i 1 I I d. Name, address, and telephone number of legal counsel for the Applicant. (This does not, mean bond counsel. See Item SC of this Application for matters pertaining to bond counsel). Cynthia Flaa (312) 698.4700 Michael S. McCarthy (312) 696.8555 Parkside Medical Services Senior Vice President Corporation General Counsel 205 W. Touhy Avenue Lutheran General Health Care System Park Ridge, Illinois 60068 1775 W. Dempster Park Ridge, Illinois 60068 2. Deacriotion of the Protect a. Amount of financing applied for: Approximately 533.600.00 b. Estimated total cost of the Project: Approximately $33,600,000. f C. Amount of expenditures, if any, paid or Incurred on Project to date: Approximately _$29,000 000. d. Project timing: 1. Estimated date of commencement: Spring, 1986 k 2. Estimated date of completion: Fall, 1989 I ~ e j e. Location of Project (name of city, gnly if located In a city, or name of county if not located in a city, and address, if known): See attachment A t I f. Provide a general description of the Project, including its intended purpose, use, or function, its major components (including general categories of any equipment), and whether or not the purchase of land is involved. See attachment A 2 I i J f 1 g, Give a detailed showing of the estimated cost of the Project together costs payment follows a(Example" statement showh estimated from with & statement shall estimated costs for a $5,00,000 bond issue): See attachmer,c A $1,000,000 (i) iand 1,529,000 (!i) Machinery 6 Equipment (iii) Building Cost, including design 6 2,500,000 Architectural S Engineering Fees (iv) Financing Charges and Other Expenses $10,500 a. Financial Advisor Fee 1,000 b, Bond printing expense c. Bond Counsel fee and 30,000 estimated expenses 10,000 d. User Counsel fee 2,000 e, Purchaser/Trustee Counsel 2,000 64,500 f. Trustee fee (v) Interest During Construction (vi) Reserve Fund 2,000 (vii) Fees and Expenses of Issuer (viii) Other Expenses { (ix) Contingencies $5,095,500 J Total Project Cost $5,000,000 Financed from Bond Proceeds The balance of the Project will J be paid by the User. h, Estimate the number and type of new jobs to be created %?y the Project and the annual payroll associated with those jobs. See attachment A 1, Provide a general description of the User (the Applicant), Including the the state or other jurisdiction of incorporation or organization, fora of organizatior, and a brief subsidiaries and affiliates ifzaany naa structure, including parent su stateme statement of the history and type of business engaged In by the User. I See attachment A i 3 I i r j 3. Financial Arran entg a. Name and address of the financial institution (bank, investment banking firm, etc.), if determined, which may be interested in purchasing the bonds if and when such bonds may be approved for sale. (It is the responsibility of the Applicant to arrange for the J marketing of the bonds if the financing is approved, with the Issuer's 1 concurrence). Morgan Stanley 6 Co. Incorporated i b. If Applicant is listed on a major stock exchange and/or has a credit i rating on any of its outstanding debt, please state the exchange and/or the credit rating and the rating agency. Lutheran General Health Care System Moody's Investors Service Aa I Standard 6 Poor's Corporation AA I C. Explain how the Project will be financed if all or a it portion of the amount of the financing applied for herein is not provided. j i'arkside will seek issuance of Bonds through other avenues; if unsuccessful conventional taxable bank loans will be used. i 4. ,(agreements of Applicant Applicant will (a) pay all Project costs which are not or cannot be paid or reimbursed from the proceeds of the bonds issued to provide funds to finance the Project and (b) at all tiles. Indemnify, and hold harmless the Issuer against all losses, costs, damages, expenses, and liabilities of whatever nature (including but not limited to attorneys' fees, litigation and court costs, amounts paid in settlement, and amounts paid to discharge judgments) directly or indirectly resulting from, arising our of or related to this Application, any Inducement Resolution adopted by the Issuer pursuant to this Application, the Project, or the issuance, offering, sale, or delivers of the bonds or other evidences of indebtedness issued to provide funds to finance the Project, or the design, construction, installation, operation, use, occupancy, maintenance, or ownership of the j Project. 4 I I ` t , s. Foes Applicant will pay all fees charged by the Issuer in connection with the issuance and delivery of the bonds, and will pay coall unsel sand and financial charged by the Issuers bond counsel, general advisor. The undersigned verifies tsandlthattsuch Application vas signedion Application on behalf of the Applicant 198 the day o. - Parkside Lodee 9~ Texe_ s • Inc, Applicant j BY Title f r 5 w. r 1 ATTACHMENT A TO APPLICATION TO BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION Location of Project and General Description (Items 2(e) and (f)) The Project consists of seven separate _ alcoholism/substance abuse treatment centers located in seven separate cities within t',,e State of Texas, as set forth below. A description of the land and building comprising each treatment center is shown. i (1) Parkside Lodge of Texas, Inc. d/b/a/ The Faulkner Center 1900 Rio Grande Austin, Texas 78705 h A 54-bed residential treatment facility for alcoholism/substance abuse. (Adult and Adolescent) i ~ Site Description: 0.960 acres a IIf Building Description: Two buildings - one 2-story j f (brick) of approximately 18,900 sq. ft. and the other a ` 2-story (brick/frame) of approximately 11,150 sq. ft, (2) Parkside Lodge of Texas, Inc. d/b/a/ Parkside Lodge of Corpus Christi 5517 South Alameda Corpus Christi, Texas 78412 A 35-bed residential treatment facility for alcoholism/substance abuse. (Adult) Site Description: 2.53 acres Building Description: approximately 24,700 square ' foot, one-story building of concrete block, stucco and ceramic tile. f .I (3) Parkside Lodge of Texas, Inc. d/b/a Parkside Lodge ;,Westgate 4601 Interstate 35 North Denton, Texas 76201 A 60-bed alcoholism/sub tanceeabusetial treatment facility for site Description: 4,045 Building Description. A stngle-story brick and wood frame building of approximately 26,700 square feet. --1 (4) Parkside Lodge of Texas, Inc. ' d/b/a Parkside Lodge of Katy 5638 Medical Center Drive Katy, Texas 77450 A 52-bed residential alcoholism/substance abuse, treatment facility for I' (Adult and Adolescent) f Site Description: 2.7672 acres Building Description: A (brick/concrete) containing a total of a2 story building sq. ft, pproximately 26,700 (5) Parkside Lodge of Texas, Inc. d/b/a/ Parkside Lodge of chocolate Bayou 638 Harbor Road Liverpool, Texas 77577 A 39-bed residential treatment facility for alcoholism/substance abuse. (Adult: and Adolescent) Site Description: 6.773 acres Building Description: Three buildings having a total of a build f proximately 22,900 square feet: q (Brick/frame, 7,550 sq, ft. Administration construction, 2,700 sq. ft.): and DDormitorll (Brick construction, 12,650 sq. ft,), Y (Brick h r i (6) Parkside Lodge of Tex of #SancAntonio d/b/a Parkside Lodg San Antonio d/b/a Parkside Youth Center, 8247 San 4Antonio# Texaser7 Road A 12-bed residential treatment facility for alcoholism/substance abuse. (Adult and Adolescent) Site Description: 6.73 acres Building Description: Total of approximately 32,800 square feet - Main Administration/detox building r- (concrete/block and steel) and 3 residential buildings. h (7) Parkside Lodge of Texas, inc. d/b/a Parkside Lodge of Dallas/Fort Worth 200 Greene Road Wilmer, Texas 75172 residential treatment facility for A 84-bed Adult and Adolescent) abuse. (Site Description: 33.864 acres Building Description: Five buildings, totalling ` feet - main Administration/detox approximately 33,300 square (concrete block/frame) and four resident buildings (concrete block/frame). Cost of project Each treatment center was acquired in the Spring of buildings and equipment from 1996 by purchase of land, in contemplation of eventual Brookwood Recovery Centers, roximate purchase long-term tax-exempt financing. The app price, capital expenditures for renovation and improvement, and anticipated capital expenditures for the next year are set forth below. i I I r use of Corpus Chocolate Son Proceeds Austin Christi Denton Katy layou An ton Io 4l line r _ total Cost of 56,100,000 51,925,000 $2,135,000 $3,735,000 $2,730,000 $6,625,000 63,505,000 $26,735,000 Acquisition sefabursssent S 66,945 61,597,962 6 109,147 s 115,221 s 92,620 S 103,304 s 188,634 S 2,276,333 of Capi tot Expenditures Future Capital s s 50,000 6 6 5 2S0,000 S 200,000 S 200,000 1 700,000 Expenditures lotal $6,166,945 $1,647,962 62,244,147 S3,SS0,221 $3,072,620 $6,933,304 55,893,634 529,733,883 i J I i s~ A An estimated statement of the uses of funds in connection with the Project is set forth below. Cost of Project $300000,000 Reserve Fund 3,000,000 Cost of Issuance 600,000 Total Funds used $33,6000000 Description of User (Item 2(1)) Please see the attached Exhibit A for a general description of Lutheran General Health Care System and its Affiliates. 1 { I , i E ' i ~ i 1 i r" "EXHIBIT A" The Corporation THE CORPORATION AND ITS AFFILIATES Lutheran General Health Care System (the "Corporation"). which was formerly known as Lutheran Institute of Human Ecology, is an Illinois not for profit corporation with its corporate headquarters located in Park Ridge, Illinois. Currently the Corporation is affiliated with 50 not for profit corporations and 16 f,)t profit corporations (collectively, the "Affiliates"). by virtue of being the sole voting member or w, . r •,ockhoider of either the affiliated corporation or its parent organization. See thechart on page A•5 for a description of the current organization of the Corporation and certain of its Affiliates. The Corporation owns the following health cue facilities: (i) Lutheran General Hospital - Park Ridge, a tertiary-care teaching hospital with 713 licensed beds located in Park Ridge, Illinois (the "Park Ridge Facility"), (ii) Lutheran General Hospital - Lincoln Park, a general acute care hospital with 314 licensed beds located in Chicago, Illinois ("the Lincoln Park Facility'), and (iii) Parksids Lutheran Hospital ("Parkside Hospital'), a specialty hospital for alcohol/substance abuse treatment with 102 licensed beds located adjacent to the Park Ridge Facility. The Perk Ridge Facility and the Lincoln Park Facility are leased to and operated by Lutheran General Hospital, Inc. ("LGH" an Illinois not for profit Affiliate which is a member of the Obligated Group. Parkside Hospital is leased to and operated by an Affiliate of the Corporation. See "The Facility Leases" below for a description of these !ease arrangements. Corporals Membership Lut heEffecrantive January 1, in America 6 (the "Church"), which is the surviving Corporation became the Evangelical Association of Evangelical Lutheran Churches, The Lutheran Chwch in America and The American Lutheran Church, Prior to January 1, 1988, the sole voting member of the Corporation was The American Lutheran Church. The Church's national administrative offices are located in Chicago, { Illinois. Operstiom of else Corporation and Affiliates general area (t1) the open don of general acute ale facil ties and related health care conducted rimarily In the following four provision of behavioral health services through the operation of alcoholhubstance abuse and psychiat• ric treatment centers and the sponsorship of educational programs, research, and other charitable activities related thereto, (3) the operation of facilities and programs for older adults and (4) research in the fields of bioethice. See the map on page A•6 for the location of the facilities operated by the Corporation and It* Affiliates. Faci itysaand the Li ncoln Park Facility. For more nfodrmaaove, the t oo regarding thesefacil ties h a" Th Park Ridge Ridge Hospital Facility"and "The Lincoln Park Hospital Facility" In this Appendix A. In addition, the Corporation is a co-member of an Illinois not for profit corporation which owns and operates a 276 bed ge neral acute cue fa.-Wty in Moline, Minols. Other Affiliates offer a broad range of consulting, manage. ment and ment servicelated s, equipment nt Was and rentalrerrviisecei end reughout the nation, including t*rW spiratory therapy services. Lutheran G manage- Health Care Services ("Lutheran Services'), a recently formed Illinois not for profit corporation, is the sole voting member of Affiliates providing hospital and health care related services, including LOH. The Corporation is the sole voting member of Lutheran Services, Behavioral Health Facilities and Services. Parkside Wdlcal Services Corporatlon ("PMSC" a Delaware non profit corporation, operates though other Affliates 69 alcobollsm substancy abuse and/or psychiatric treatment centers and several related outpatient treatment facilities with more than 2,700 total beds located in 20 states and one foreign country. See page A.7 for the location of these F facilities, Approximately one-half of the treatmwt centers its owned and operated by Affiliates of PMSC and the remainder w hospital-based facilities managed by AMIlates of PMSC. In addition, an ABgliats of PMSC Is the only corporation In the country licensed to operate a specialty hospital for substance abuse. The Parkaide Foundation, an Affiliate controlled by PNISC, conducts clinical and applied research Into the nature, cause and course of alcoholism/substance abuse and recovery. PMSC controls, either directly or indirectly, 24 not for profit corporations (collectively, with PMSC, the A•3 ~I ~I I r" C I I "Parkside Medical Corporations"), one for profit corporation and twojoint venture partnerships. All of the Parkside Medical Corporations will become Members of the Obligated Group In connection with the issuance of the Bonds. Older Adult Facilities and Semicer. Parkside Senior Services, a recently formed Illinois not for profit corporation, is the sole voting member of Affiliates providing older adult services and programs and has responsibility for such programs within the Lutheran General Health Care System. The Corporation Is the sole voting member of Parkside Senior Services. A Minnesota not for profit Affiliate and its eight subsidiaries own and manage elderly housing and nursing care facilities and operate programs for social services and education of older persons throughout Minnesota. A Delaware not for profit Affiliate owns and is now developing a 251 unit continuing care retirement community in Arlington Heights, Illinois. An Illinois not for profit Affiliste operates older adult day care centers. Bioethics. The Park Ridge Center, a division of the Corporation, conducts and publishes research in the fields of health, faith and ethics by establishing data bases to study the interactions among these fields. NEITHER THE CHURCH NOR ANY AFFILIATE OF THE CORPORATION OTHER THAN LUTHERAN SERVICES, LGH AND THE PARKSIDE MEDICAL CORPORATIONS IS LIABLE FOR THE COMMITMENTS OF THE OBLIGATED GROUP UNDER THE MASTER INDENTURE. Obligated Group As of the date of the issuance of the Bonds the Corporation, Lutheran Services, LGH and the Parkside Medical Corporations will be the only Members of the Obligated Group. Pursuant to the Muter Indenture, other persons, Including other Affiliates, may become Members of the Obligated Group, u set forth therein. The Corporation and ita Affiliates consider acquisitions, dispositions and other business combination from time to time that may result in changes in the compooition of the Obligated Group or in the assets or facilities operated by the Obligated Group. Such transactions are subject to the provisions of the Muter Indenturs relating to the addition of Members toot withdrawal of Members from the Obligated Group and provisions relating to merger and consolidation and to the tramfer of assets. The Facility Leases A substantial portion of the Property of the Corporation is leued to Affiliates. The Park Ridge Facility and the Lincoln Puk Facility owned by the Corporation ue leased to LGH pursuant to an Affiliate Lease Agreement dated as of April 1, 1982 (the "LGH Lease") between the Corporation and LGH, The LOH Lean was amended u of December 30,1987 to include the Lincoln Put Facility. The substance abuse center owned by the Corporation Is leaned to Puksids Lutheran Hospital ("PLH"), an Illinois not for profit corporation, pursuant to an Affiliate Lease Agreement dated u of April 1, 1962 (the "PLH Lew") between the Corporation and PLH. Each Was provides for the payment of rent which is adjusted annually to equal the lsseer of 11) the tali market rental value for such year of the property leased, as determined in good faith by the Corporation, or (li) the excess of revenues over expenses of the lases for such you, As security for the payment of rent and the performance of dl other covenanta and conditions contained in the respeotive Leases, LGH and PLH have granted to the Corporation a security interest in aV their respective Property to the extent a security interest may be granted therein pursuant to the Illinols Uniform Commercial Code, including all accounts and assignable general Intangibles and after acquired prop- \ erty. The liens and security Interests created by the Leases us Permitted Encumbrances under the provlafons of the Muter Indenture. Each Lease provides for a lease term attending to April 1, 2012, however, the Corporation, LGH and PLH may amend or terminate the Lessee at any time. I I A•1 I ~J 1 Lutheran General Health Care System Evangelical Lutheran Church In America 'Lutheran General Health Care System (1) The Park Ridge Center Lutheran General Foundation Services S~ ~ .PMediCal() #'Luthwan (3) Parkside (4) ation Services al i (1) Lutheran General Health Care System controls, either directly or Indirectly, SO not for profit corporations and 18 for profit corporations, including the corporations described below. 12) Parkslds Medical Services Corporation controis, either directly or Indirectly, the following co"- rations that operate alcoholism/substance abuse and/or psychiatric treatment Centers throughout the nation: 'Adams County Task Force on Alcoholism 'Parkside Lodge of Illinois, Inc. and Alcohol Problems, Inc. •Parkside Lodge of Kansas, Inc. Eagle Hill, Inc. 'Parkalde Lodge of New Jersey, Inc, I Monarch Health Corporation 'Farkside Lodge of New York, Zoe, i 'PMSC Holding, lac. 'Parke(de Lodge of Ohio, Inc. 'Parksids E.A.P„ Ine. 'Parkalds Lodge of St. Louis, Inc, 'The Parkaide Foundation •Parksids Lodge of Tesas, Inc, 'Parkside Lodge of Alabama, Inc. •Parkside Lodge of Utah, Inc. Parkslde Lodge of Austin, Inc. 'Parkside Lodge of Wisconsin, Inc, 'Parkside Lodge of Colorado, Inc. 'Parkslde Lutheran Hospital 'Parkside Lodge of Connecticut, Inc, 'Parkslde Publishing Corporation I 'Parkside Lodge of Florida, Inc. 'Parkside Recovery Centers, Inc. 'Parkelde Lodge of Georgia, Inc. 'River Park Center (3) Lutheran General Health Can Services controls, either directly or Indirectly, two not for profit 9 corporations and It for profit corporations. It has responsibility for all hospital and health care related activities of Lutheran General Health Care System and its Affiliates. i (s) Parluide Senior Services controls, either directly or indirectly, eight not for profit corporations and two for profit corporations. It has responsibility for older adult servieee and programs. The asterisk denotes a corporation that is, or in connection with the Issuance of the Bonds will become, a Member of the Obligated Croup. A.8 I t 1 1 Lutheran General Hoalth Care System E . . September 1988 Parkside Medkal Servkes Corporation Locatlons ►RAsINMMkalNrrka Coloo4o nI Teeas corporealal Pa'r Ede LOO too I C a' 4'ao0 Pans d e lodge sr Mwor I,, Cenlf, Bards Fal 1. D, „ Alabama Den,N E'anl.'~V f1,1 W„m Pi'r101 LOd{I of 8'rm"inane C010,800 coopar Mt Mu,OMrONOaA1nl Alsov 6,,.,n4rin E^{'1+000 E,ensrlrlf era Fa,rsnel Certr &,m myam Dugo+l enl Aaln.rgrOn w0u11 lust" g in+m ' Commac♦Gtr Nanyt P1,11 Of lodge roil+gre ,m1s, Panlde Loop orAMSIS Cn+,s hn60110411 at MOON CWnnecudYt wurMeson roll WOnn OalpaLfnf N04,4 PaAsde Lodge Or Connlat'cut Mar'laf ouloal All n CInge FOrl Alcor l061041 PV W~Cn,ra l+uD're hls 64r Lodge OF DVAs F,,I wire wuma•s Ill Sna~/ ilor)da Ma/facAuMttt Rfldfnual Owoar'enr M„wi Sndal P+rvs,de Lodge of 0r11nd0 /anndi Mw Sul , Duncanr,i'e a lard hrcnlNn r, mm S, reef Cmdor+r. on 'a00gn n C loo !a q ,ow r Pans Of iongl OF Ka!, arv m r n,n ego i, ud'>va,a /Eat coast wemron gra Pan pa1Lodge p ar41 vaons'onwealln GOr4d,IPpn wouf,on 0610aoenl CRIIfOyfllS 2vin Mabuf d w Mahal 010501,111 e s Mahal woaoel ousr4n h,bds Mra'cn Serncn GorpprNdn D,rronatigeKn "slowly 0 4mes0ury Panl4e Lodge olAnr Ou'oacvl l RIg Onal Hlacouve's well coast hrcol Program, PlrCniatnC 01,44raml CO+refa Swoon 0015 1, AKOVfry CanlNs IN 0114,00 OutoWenl troller Mlmor of wOse 1N hrr60f lOd(f MCnOC OIarf Barnu Alameda Winer Dsn 54 MousrOn 01 0"S $ I hnudl,KdrerrCenerN FlOr,dawo2WnN AOacnon no ot2rtna ,toc PrOgr/mar PiNvie Lodge plCnocoInee+,w /1 U Wm'no wofo,er G4ndo St vlnuntlwOSpaN ooLokip Cale Mounlbn Vier C ,AOdgbMSMd Pl)Cn,alnt Programs, ntlKaer ~Urt+M hA6di Dut0aGM6 M shin PI lans.0a Jpsmtnd Proofs", P" Moo Lodge of Cnod o+a!F Sarno I 11Cam,rbMdad,ep RecorNFCemN warol,IMQWIul 0,0041,4M too Alto/ of a, ien kolroa a gar GA l hrkedf A/Coo rs Cell, al I Add,cboni IV hKTablc Program/, •79Chlatl~C Ill P sivoe Lodge Of CO,pul CNnh Good Samaroen wCsO'181 o1 wumana watollal D'ICsrne tons lxowSwo/Wdal Corpora Cnnah Swims CIA 4 Valley Abaml NewDur oon Plnlde lodge 01 San An10n,o San lose EeunID,$ordNPrrgm, PSycnlilncPog4ml SanAnfollo Pane-de AecowyC,nrN at MNCId N Mf4'0l Cellar h0aoul L,wreNe M/moruna0so,lal Par%%,Cf Lode OF Collavfon Wo,m Comm Mel MfOKalCinrN Alm&Goods of Ml Word Al 44ne0 . AOddhorli and P/Knylrq l,eg7mb Well Danis outoaoMl IsANde RKOr Iry CIM11, at Mt GeOr IPtrCnaV4 hagramr dams ONblo wcsole, fool Canter W 1'aoma Pseks'dr Recore,ycemev Comore Pa.A 6d, L Odp dl Dubon Mkhlgan Damson 11846,04 RKM,p C,mer st PNa,uma DuaIm NOrinarn Mdngen wOse,tPo Add,caons and hyCmatnc Programs. j vanes 040lo'lal Nltll0le Dlrofafy Utah Dt rN W V ,PIKh'K nd RO fsmr 01004,442 Community MosWdal Pam pot Me0': N Servdf/ Colmaoon Pan g Oe AKOvs rr calls, at Atcovery Center Corporate wla4aNles MIStSWI Sall use Coy Ald,endl Pill 11+491 hn1400d(eol St LOVIS Sall Lad Gh Ill RKdrNlCenerat Sarnt P41"40Lodge ofCollJnLream a Sr Lou's Washlnpon Agree loo and MedgN Comte, Cnampa,fn Nebnsha Pr r,e/no P41Al,oe Was of Mund,4'n O 4fnC1 RKOrffp"&'am St lotion l wosp,ta, Mundala,n III saA Catresch center 6fnB SfOtk?*A PIANdeLoop Scum ResolrsCentel Coleco Wstonslm IPIyCIr11ir10 PrOg4ml Manep Nerolda P41ANde Lodge Of W,Kdn sin PsASIde RKOrNy ii 0e0ar1mMtWAnCalmar It Sa 411.04 al l Oa60d0 Peco.ery CMllr at 54 M41rt( good J05410 S Oak ►a6 w02Wdi, CemNl Reg,oral Al Comet hnuds Lodge of Wscorw Sracktpn PoollOf to, "renwOS01111 AMO Edol P"$idl ROCOI Center at SoMma Far* 0406 Palo Lodge 00 W,sCM6n Valley Mp2p,tN 04,11,44a Rec"yCaner K Ltt4 NM gersay' HnurAla Sonoma Ccmparry of Mar) wolprtal Ill Lodge of W. Jersey Minty wOSp,e1 CclaMIM RKOvary Center [vlrgr,M Darn 140"Iforln /Mesv,f4 oceMl,ee fP2rCA, WIC ROgriml Nor, Naar Cutdaoadl ,R/KnaVq Program, hnS'dfCFAovanlVallyMama,al PI A~A"ovoryCMleral ROCYIWa Moo•esmom Swedam loo San Ramon PanoOe RKoo 0001 11 Lincoln ONO Rdvns'PeANOf MOVI V fw Mao dal Cent of WIN 1010"I "clarIN IMrNOI Lodge of Columbus Malrnd S,m, Holy Gn,ugd CQVT*v1 PrOVda lorltslund FaAfd1 'AOd,chOnf and NKhlatrq DrogramN 1`8611041 ROCOVO Cinler at LutANen Columbus CblpahvN Stockholm 0661,04 Rlcowy Center a Alemdnal Wneral"Olpef-Lincoln 1`86 DuNln #arllslQa [rn07oyfa AlgittaRGa loo ll[Ae1er "'Ical a P6114644 RKOrsny Clm1r 11 [Alter 1`anuda Recovery Center at Commoner w01p'lal of Sp,nsf,Nd Programs, Inc, Pa4Nd4 RKOrIry Comte, at SMlOse SetAar!y"*total Sonng6N0 CAgs o r,hrpq P 116100'caf Center chcagd , Add101.0n6 Program) P" III Fund's So Jose Ian l,r• RfcOgry Until Al Lombard L01Argf4S Canfomla k I 1Ad41C1,001 Program) Lombard Sol DAM Demos Colorado 01ANOe TOUtn Center fl OaA S.Ows 111 sew FOr* era0 roA Park Adis S,pua hus CIMI1n4 LM,O R,Nr PaA RaO,a CIA Aghardson forms RsWIdC, Power Pan Ovtra Kn Centel 1M0^IRS+ Canaan AWerdw ' ~ Sro0Aingl D►adw004 roll plena "stop w,lenawn Ar7 rl ti r RESOLUTION APPROVING THE FINANCING BY THE BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION OF A HEALTH FACILITY LOCATED WITHIN THE CITY OF DENTON, TEXAS WHEREAS, the Health Facilities Development Act, Article 1528] Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), authorizes and empowers Bell County Health Facilities Development Corporation (the "Issuer") to issue revenue bonds on behalf of Bell County, Texas (the "Issuing found by Directors costs of the health Issuer facilities to be t11Boad te) of finance the required, necessary or convenient for health care, research and education, any one or more, within the State of Texas and in furtherance of the public purposes of the Act; and WHEREAS, Section 4.01(1) of the Act provides that the Issuer may provido for the financing of one or more health facilities located outside the limits of the Issuing Unit with the consent of every other city, county or hospital district within which such health facility is or is to be located: and WHEREAS, Parkside Lodge of Texas, Inc. (the "User") proposes to obtain financing from the Issuer from a portion 1 of the proceeds of the Issuer's bonds issued pursuant to the Act for the costs of the health facility described in Exhibit A hereto (the "Project"); and WHEREAS, the Project is or is to be located within the City of Denton, Texas (the "City") and outside the limits of the Issuing Unit; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF DENTON, TEXAS THAT: Section 1. The City hereby consents to the financing by the Issuer of the Project as required by Section 4.01.(1) of the Act; provided that the City shall have no liability in connection with the financing of the Project and shall C not be required to take any further action with respect 3 thereto. Section 2. This Resolution shall take effect immediately from and after its adoption and it is accordingly no ordered. PASSED AND APPROVED, this the day of j , 1989. I Mayor I 3 a 14 EXHIBIT A DESCRIPTION OF THE PROJECT The Project is a 60-bed residential treatment facility for alcoholism/substance abuse, located at 4601 Interstate 35 North in Denton, Texas, The Project is known as Parkside Lodge - Westgato, and consists of a residential treatment building containing approximately 260700 square feet on approximately 4.045 acres of land. The total cost of the Project is approximately $2,250,000. { I I ~ E t k I { i f 1 1 { Orr= ME= ME= TTr= i~~ r r CITY ofDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 i TELEPHONE(817)566-8200 )IA8RAAtija St ?f / DATE: March 16, 1989 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finarce SUBJECT: FEBRUARY BUDGET RECAP Once again, the overall General Fund budget is in good shape. Total revenues are 581 of budget, which is the same as last year's percentage for the `y identical period. Total expenditures and encumbrances are also tracking well I at 381 of current budget as opposeU to 421 for last year. Major revenue } r sources of sales tax and ad valorem tax are continually coming in above budget /J projections. However, there are a number of small revenue sources that are I not, at this time, tracking on budget. As has been reported in the past months, building-related revenues are continually down from budget projections. In addition, airport fees are down $7,000 as compared to the same period numbers of last year. On the expenditure aide of the General Fund, most departments are tracking at or below their budget projections. One area that is above budget in the same prior period comparison is Street Sweeping and Drainage. Street Sweeping and Drainage had a significant amount of overtime related to the ice storms that have occurred in the past two months. 1 Once again, I would like to re-emphasize that overall the total revenues and expenses of the General Fund are on budget. If you have any questions regarding any of the above, or need any additional { information, please advise. 1 F. n . cGrane JFMrajn 4344E i l I