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09-05-1989
t r Y AGENDA ' CITY OF DENTON CITY COUNCIL SEPTEMBER 5, 1989 Work Session of the City of Denton City Council on Tuosday, September 5. 1989, at 5:36 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:30 p.m. 1. Hold a discussion regarding amending the Zoning ordinance by adding design standards for the Oak-Hickory Historic D13trict. 2. Hold a discussion concerning the proposed resolution approving Policy Number 107.06, Occupational injury benefit Program. r 3. Hold a discussion regarding adopting an Appendix A for the Denton Development Plan; adopting an amended Concept Plan for the Denton Development Plan; and providing for an effective date. 4. Hold a discussion regarding amending the Denton Development Plan by deleting multi-family and high density housing developments as being eligible for intensity bonuses; and providing for an effective date. 5. Hold a discussion concerning the Animal Shelter Advisory Committee. 6. Executive S,selon: A. Legal Matters Under Sea. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in Irk Re; Flog and Penton Coanty vs. City. 2. Consider action in Ali A1_ Khafa i ys. CitY and Struble vs. City. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. r City of Denton City Council September 5, 1989 Vage 2 C. Personnel/Board Appointments Under sec. 2(g), Art 6252-17 V.A.T.S. 1. Consider appointments to the Board of Ad)uotments, Building Code, Cable TV Advisory Board, Citizens Traffic Safety Support Commission, Electrical Code Board, Human services committee. Main Street Advisory Committee and Animal Shelter Advisory Committee. 2. Consider appointments to the North Texas Higher Education Authority. 1 Regular Meeting of the City of Denton city council on Tuesday, September 5, 1989, at 7:00 p.m. In the Council Chambers of City Hall, 215 E. McKinney, Denton, Toxas at which the following items will be considered: 7:00 P.M. I 1, Presentations of "Yard of the Month" awards for September. ~ i 2, public Hearings r I1 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton. Texas, providing for the approval of a planned development district detailed plan for 1.727 acres of land located on the 1-35 service road, adjacent to J Wolfe Nursery, and within Planned Development 6 1 (PD6); providing for a penalty in the maximum amount of $2000.00 for violation thereof, and providing for an effective date. (Planning and zoning commission recommends approval.) B. Hold a public hearing and consider adoption of an ordinance amending Appendix B-Zoning of the Code l-~ of ordinances of the City of Denton, Texas, by adding a new Article 28B to provide for regulations for the Oak-Hickory Historic District, including architectural, sign, and parking regulations. (Historic Landmark Commission and Planning and Zoning Commission recommend approval.) I I ~ J y r I City of Denton City Council ` September S. 1989 Page 3 I C. Hold a public hearing and consider a resolution i adopting an Appendix A for the Denton Development Plan; adopting an amended "Concept Plan" for the Denton Development Plan; and providing for an effective date. (The Planning and zoning Commission recommends adoption.) D. Eiold a public hearing and consider a resolution amending the Denton Development Plan by dsleting multi-family and high density housing developments as being eligible for intensity bonusea; and providing for an effective date. , (The Planning and Zoning Commission recommends adoption.) E. Hold a public hearing regarding the adoption of the proposed 1989-90 tax rate. i F. Hold a public hearing regarding the adoption of i the proposed 1989-90 City of Denton, Program of Services. 3. Receive a citizen's report from John McDonald regarding access to property on E. McKinney. I 1 4. Receive a petition from Carol Kelly regarding the institution of a curfew in the City of Denton. i 5. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Ma[tager or his designee to implement each item in accordance with the Staff recommendations. ~ I Listed below are bide and purchase orders to be approved for payment under the Ordinance bection of the agenda. Detailed back-up information. is attached to the ordinances (Agenda items 6.A, 6.B). This listing is provided on the Consent Agenda !o allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: I i j 1. Bid #9998 - Asbestos Removal at Power Plant 4 2. Bid #1002 - Transformers J 1k. k b ' City of Denton City Council September 5. 1989 Page 4 6. ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance accepting competitive bids and providing for the awAr.d of 1 contracts for public works or Improvements. ' C. Consider adoption of an ordinance designating and establishing speed zones on State Highway FM 426 (McKinney Road) from northbound U.S. Highway 77 (Locust Street) to eastern city limits for a distance of 5.151 miles; providing for a penalty ' of a fine not exceeding two hundred dollars ($200.00); providing a severability clause; and declaring an effective date. (Citizens Traffic Safety dupport Commission recommends approval.) I I D. Consider adoption of an ordinance authorizing the j Mayor to execute an agreement between the City of Denton, Texas, and Friends of the Family, Inc., to provide assistance for abused women and children; authorizing the expenditure of funds therefore; and providing an effective date. H. Consider adoption of an ordinance of the City of Denton, Texas, amending Section 4-5 of the Code of ordinances; establishing the Animal Shelter Advisory Committee; prescribing the duties therefor; prescribing qualifications and terms of office; renumbering the renumbering the remaining sections of Article I of Chapter 4 of the Code; and providing an effective date. F. Consider adoption of an ordinance amending Article I of Chapter 22 "Taxation" of the Code of Ordinances of the City of Denton, Texas amending section 22-2 relating to payment of taxes; repealing sections 22-3, 22-4 and 22-5 relating to delinquent taxes; repealing X11 ordinances in conflict therewith; and providing for an effective date. i it J I T-W IV low +r LL S 1 1# i City of Denton City Council , September 5, 1989 Page 5 7. Resolutions A. Consider approval of a resolution approving the exchange of certain fire hose with the City of Aubrey, and providing for an effective date. B. Consider approval of a resolution temporarily closing Congress Street between Alice Street and Denton Street on Friday, October 20, 1980, and declaring an effective date. C. Consider approval of a resolution authorizing the City Manager to execute a lease agreement between the City of Denton and Ernest and Lewis Trietsch for property located at the City of Denton Municipal Airport, Denton, Texas and providing j for an effective date. (Airport Board recommends approval.) D. Consider approval of a resolution authorizing providing sewer service to Property owned by k Muskett Corporation as described heroin; and providing for an effective date. (PUB and P&Z I recommend approval.) E. Consider approval of a resolution authorizing letter of intent by the cities of Bryan, Denton, Oarland and Greenville to sell electric power and energy to the City of College Station. (PUB recommends approval.) F. Consider approval of a resolution authorizing the City Manager to execute a contract between the City of Denton, Texas and the Texas State Library tot the City's provision of library services to disadvantaged populations, and providing for an effective date. 0. Consider approval of a resolution of the City of Denton City Council supporting the introduction of fire suppression legislation regulating buildings owned by the State of Texas. 7. Miscellaneous matters from the City Manager. 1. Review remaining budget issues to be discussed on September 12, 1989. er "W 1 City of Denton City Council September 5, 1989 Page 6 8. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 9. New Busineae: This item provides a section for Council Members to suggest items for future agendas, lo. Executive Session: k A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate - Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. C E R T I F I L 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 198 at (a. a. ) (p.m. ) o'clock CITY SECRETARY 4686M I I i 1 V i 1 1 VM I1 f it JJJI I i I • I 1 I I I i i f i L-11 It L-L i y 05''30p Y-0 / DATES 9/5/d9 CITY COUNCIL REPORT FORMAT 103 Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 1 SUBJECTS Adoption of an ordinance amending Appendix B - Zoning of the Code of Ordinances to provide for regulations for the Oak-Hickory Historic District. RECOMMENDAV ONI I The Historic Landmark Commission recommended approval of ttie amended ordinance at their meeting of August 14, 1989. (5-0) SUMMARY: { The City Council held a public hearing on the proposed ordinance at their August 10 1989 meeting. At their instruction, staff consulted the Historic Landmark Commission for direction on four areas of coacern3 the materials allowed for fences, the size of signs, the 1 type of flags and the definition of wind devices. Tne draft ordinance represents the Historic Landmark Commission's clarification of their intent. The Commission felt that the use of wind devices that were not for the purposes of advertising would be allowable after their review of the sign ordinance definitions of advertising and sign. PROGRAMS, DEPARTMENTS OR CROUPS AFFECTEDI r Property owners in Oak-Hickory Historic District and the Historic j Landmark Commission. FISCAL IMPACT'S None ~I Respectf submitte 3 Pre red`byt Lloyd V Harrell City Manager E z th vans Planning Administrator Appr ved / F tank H. Robbins, AICP Executive Director Planning and Development 1919x t' ATTACHMENT 1 DR C. Materials - A fence must be constructed of one or more of brick, the fo ow ng materials: wroukht iron. wood stone, patterned concrete or stucco, Exposed concrete blocks are not permitted. D. Color and Style - Fences must be of a color and style complementary to -t e main build ng,. E. Masonr Columns and Bases - The color, texture, patteand and dimens ns o masonry na the color, width type, elevation of mortar joints in a fence column or base must match { the masonry and mortar joints of the main building as nearly as w practicable. metal ` ~~-Feneefl 4Fre~gktE- icact-end peried-G! the Main building, tom- e -a6}~ie-aid I G. Wooden Fences j 1. All wooden structural pests must be at least four inches in diameter. 2. The side of a wooden fence facing a public street must be the finished side. 3. Wooden fences may be painted of stained a color that is complimentary to the main build.ug. N Section 28B-7. Sign Regulations. A. A licebte Re ulation' Modifications. All signs located within the str ct a a e su eat to the provisions of Article 17 of Appendix B-Zoning, except as modified as follows: 1. Si ns Permitted. No signs other than stake and wal] s ens aTiae,s~lt•'°"''„a roof projectin¢. psctablg, and off-premise signs are orohibited- 2. Wall and Stake Sign Regulations. a) Number of Wall Signs. Only one wall sign per premise is permitted. 4 b) Size, No wall sign shall have a maximum dimension wfiTch is greater than r n v-foWr (24) inches, measured along the greater distance of any one line which defines the effective area of the sign. No I 1-1 1 1 F~ t URAFT stake sign shall have an effective aLea greater than ten (10) square feet. c) Wind Devices. No wind devices. other than flags of the United States or the State of Texas shall be permitted. A. A ermitted flag shall not have a dimension as to an one side, which ,s greater than-six set. B. Address or Name Signs, The sign regulations of this article shall not apply to t e signs or numbers which are used solely to identify the street address of the premise or to identify the street address of the premise or to identify by name the occupants of a residential building. C. Approval Procedure for Wall Signs. No new wall signs shall be constructs or locate do an no existing wall sign shall be altered, until a certificate of appropriateness is issued by the Commission in accordance with the procedures applicable to alterations or changes of the exterior architectural features of buildings, as provided for in Article 28A of the Code of Ordinances. I Section 2811-8. Parking Regulations. ~ r A. A licable Regulations; Modifications. The provisions of Article o Appendix - on ng, as amended, shall apply to the District, except as modified as follows: 1. Location. All off-street parking spaces for any buIl3ing used as a multi-family dwelling or for a nonresidential use shall be located between the J building fronting the public street and the rear property line. 2. Number of Parkin Spaces. Each specified use shall provide the following number of parking spaces: 1 a. Multi-family buildings shall have a minimum of two i (2) parking spaces for each dwelling unit. b. Nonresidential uses shall provide one and one-half ~ (1.5) the number of parking spaces required for that use by Article 15 of App.indix B-Zoning. I I 1-2 /f I 11 r i T-W i ry 4 F r D R A FIT SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinanco, and the City Council of the City of Denton, Texas, hereby decla•es it would have enacted such remaining portions despite any such invalidity. SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therer,ith or with any of the requirements thereof, or of a permit or certificate isiued thereunder, shall be guilty of a misdemeer,or punishable by a fine r.ot exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and evocy day or portion thereof duriue which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. i SECTION IV. That this ordinance shall become effective fourteen (14) d ys from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to „a 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 j PASSED AND APPROVED this the day of , 1989. E E RAY STEPHE- NS, MAYOR ATTEST: JENNIFER K , CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f 1/~ (/L'/~/t i BY: 1-3 1 I In V low t i r ATTACHMENT 2 i (Article 17 of Appendix B-Zoning as amendec' by Ordinance No. 89-017, effective February 21, 1989). ARTICLE 17. SIGN REGULATIONS A. GENERAL PROVISIONS Purpose and In Ent- It is the purpose of this article to regul, to the construction, erection, placement, maintenance, use and removal of private signs within the City of Denton, Texas. It is the intent of this article to regulate signs generally by classifying each sign according to its design and construction and by regulating, based on such classification, the type, number, size, height and setback of signs according to their location in the various zoning districts. It is also the intent and determination of the City Council that these regulations be and are the minimum necessary and least burdensome to accomplish the purposes heretofore stated. I 2. Definitions. The following words, as used in this article, shr.ll have the meanings respectively ascribed to them, as follows Abandoned sign means a signs (a) which, for at least six (6) continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product, or activity; (b) for which co legal owner can be found; or (c) which pertains to a time, event, or purpose which no longer applies. Advertising means to cony information to seek the attraction of or to ris • a ens on o e g to ,any location, event, person, act v ty, goo s, services, or merchandise. - &S ached sign means any sign attached to, on or supported by anlr part of a building (such as a vall, roof, vindov, canopy, I awning, or marquee) which encloses or covers usable space. wall, roof, and projecting signs shall be considered attached signs. SIGNS/Page 1 i 2-1 L/1 I M1 1 I11r I ~ f 11 I located, sold or offered for sale on the premises where the sign is located. A sign which promotes or displays a political, religious or ideological thought, belief, opinirm or other noncom?ercial massage shall be considered an on-premise sign. pQrtabl~ Sian means a sign whose principal supporting structure is intended, by design, use, or construction, to be used by resting upon the ground for support and which may be easil moved or relocated for rouse. include, but not be limited top s gns mounted aupon or signs designed to be mounted upnn a trailer, bench, wheeled carrier, or other non-motorized mobile structure with or without wheels, and A-frame and other similar signs, resting or leaning on the ground or other structures, but not permanently attached thereto. Promise means: (a) for any developed property, the area of real property which encompasses all the buildings, structures, ; such under as e a shopping ownership ord use, hold devoted appurtenancest common land d i (b) for undeveloped property, the area of real property elr•!pnated as a lot on a plat approved in accordance with 1,~• and filed with the County Clerk's Office, an un;:atted tract of land as conveyed by deed or operation law and recorded in the deed records of Denton County, Texas. i means any sign which is wholly affixed to or build ng dwall any uthanntwelvej(1and which 1) inchrends beyond the goof gien means any sign wholly erected on, affixed to, or located upon constructed on, maintained upon, supported yo any roof of any building. din moans and Ancludes am surface, fabric material, or. device visible from an ublia street which bears or s used to display s ter word t ra c erecter mar-e~ yicture, illustration,_light~ ins gn a, or nformat on for } advertisin "One si n" or "a si " means any number of si ns ocato on or suvporte v a s ng s ..or common support nq i structure. SIGNS/Page 7 3-z I I n g F .l c ATTACHMENT 3 DRAFT C Minutes HISIORI, August LAN M4W 1989 1SSI0N of the Historic LandmmatkMondayfsAunust 140 The [?Ruhr meeting City of Denton, Texas wa held at 5:00 p. 19991 in the Civil Defense Roam of the Marl keY, Bullitt Present: Mike Cochran, Judith Abbott, Gayleenn F lccy Lawry, and Tom Polk Miller and Janet i Richard Hayes, Rita Holcomb, Absent: W.A. Barker, Shelton Executive Director planning Development; Elizabeth Evan$, Present from Staff Frank Planning a nd Jane FinleY, Main Street treet Manager; J Baker, Attorney; and Donna oe Assistant City oe Morris. J secretary requested that Chairman Cochran celled the oY~iihetminutes without + quorum. the Commssaon be able to app MINUTES. Approve the minutes of the regular meetings 1989 and July 10, 1989• o Cane 12, 1989 minutes, he Mr. Lowry stated that in the v Jun erea1+2s , asked that the tion was not 0 n manures to be changed to road so ; minutes Cochran asked that the be changed on the first page to read: Mr. Cochran said that he felt a historic marker would be good for the street (instead of house). d. Seconded by Mr. Lowry moved to opDr°ve the miueste Of the June e 1989 meeting with the ChangctrTied (4.0). 1 Ms, Abbott and unanimously 10, 1989 ` Ms, Abbott requested that tragteph nine to lread! be changed on page t h ree, pa ted that they should be Ms. Abbott suggested rlate and be wooden faces with architeetuallY pp f metal frames or doubp le gla:ed. 1 Mr. Cochran requested that on page three, paragraph six, the minutes be changed tot I Mr. Cochran stressed that the concern of the Historic Landmark Co the mmission was the exterior that could be seen from street he sugto sted that Mr. Cochran stated that on page fire, "wolmanired plywood" be used and not slumin red plywood"' 10, 1989 Mr, Lowry moved to approve the minutes oEMs. uly Abbott and I with the changes requested. Seconded by unanimously Carried (4.0). j Historic District j at. Discuss and consider Oak•HockorY the City II Regulations in refetenublte hearing wised by council during their D Mr. Cochr:et suaated thshouldrbewdiscussed furth rl.atxe were ]brought p a seven, requested that the Commijoio He stated°thet one way to sub•sectlon C. Materials. possibly correct t would be to omit sub section , compatabilitytbutihe°Ieltcit wasuthe samenA is the sub-section Y. 3-1 HLC Minutes August 11, 1969 DR`A F T Page 2 of 4 Ms. Abbott agreed and stated that it should also be computable with the materials to be used. She stated that the material list may be too narrow and that cast aluminum could be used as well. Mr. Lowry agreed. Mr. Cochran stated that a certificate of Commission appropriateness would lable still consider needed and nit the time. Mr. Lowry stated that he felt Mr. Morris' purpose was to cover all areas. Mr. Lowry moved to amend sub-section D to read with the materials and to strike sub-section F. r Ms. Abbott stated that in sub-section C, the Commission may want it to read "A fence shall be constructed , Mr. Lowry suggested wafting until after his motion was completed. Mr. Lowry's motion was seconded by Mr. Fickey and { unanimously approved (1.01. Mr. Cochran suggested keepingp "wrought iron" in sub-section C with the materiels. Mr. Fickey agreed. Mr. Lowry moved to have a portion of section C changed to read materials: wrought iron, cast metal, wood, Seconded by Mr. Fickey and unanimously carried i Mr. Cochran moved to page eight regarding signs. Mr. Miller arrived. j Mr. Cochran stated that he was bothered about the thought that a child's wind sock would be considered a wind device and would not be allowed. After further discussion and research into the sign ~ ordinance, Mr. Morris stated that the section was not intended to include ■ child's wind sock but was intended for wind devices that advertised businesses. a Ms. Abbott stated that it was Mr, Lowry's intention to allow flags and political expresslon. Ms. Evans stated that in the amended version of sub-section C, Mr. Robbins suggested a change to the section to read: I Mind Devices. No wind devices used for commercial a vert ss n purposes, other than flags of the United States or the State of Texas shall be permitted unless a certificate of appropriateness for a wind device is approved by the Historic Landmark Commission. ~ i Mr. Cochran moved to appprove the amended section as written. Seconded by Mr. Miller and unanimously carried (5.0), 3-Z I 1 Y A CV' 5 HLC Minutes August 14, 1989 Pape S of 4 R A F T Mr. Lowry moved to amend sub-section C, Wind Devices, to allow other flags with a certificate oF- appropriateness. Mr. Morris stated that the Commission could not consider certain types of flrgs on a case to case basis. He stated that consistency had to be for all flags. Mr. Cochran asked what the sign orainance requires for flags. Mr. Morris stated that the sign ordinance al ows for three flags, a State, National, and Corporate flag. Ms. Abbott suggested not listing the State of Texas flag or United States flag and have it read the some as , in the sign or'inance. Ms. Evans suggested possibly taking the sign ordinance I and weaving it into the section and specifying a sire requirement. Mr. Lowry moved to have sub-section C., Wind Devices, taken by staff and made compatible and not c nox ous to a reasonably prudent person. Seconded by Mr. Miller and unanimously carried (S-0). Mr. Cochran asked that page seven, item b., be changed f to read "two feet" instead of 1124 inches" in regard to wall signs. The Commission discussed the requirement for dental and medical professionals being required to limit the site of the signs for aesthetic reasons. The Commission agreed that the site should be left as it is. Mr. Robbins stated that on page nine, Section Ill., I Msi Mopkins requested having a ten day notice sent out pr or to ci atlons being issued. Mr. Lowry stated that he felt it was a r.ty Council matter. 1 Mr. Morris reported that a ten day notice has been given on prior items without it being required in the ordinance. Mr. Lowry sated that he felt something should be i written in the ordinance requiring the ten day notice. Mr. Robbins said that a ten day notice requirement is usually not written in the ordinance but has been done. Ms. Abbott stated that she felt the Commission should let Code Enforcement do what they normally do. r Mr. Robbins suggested leaving the way it was and not changing it. The Commission agreed, Mr. Cochran requested having the Regulations on the 1 first City Council meeting In September and invited the I other Commissioners to attend, 3-3 i r . V F hLC Minutes DRAFT August le, 1989 Page a of a III. Consider "Historic Denton" brochure. Mr. Lehrer explained the brochure and its contents. He stated that he was not sure what the Commissioners wanted sad that the brochure could be easily changed since it was currently a draft. Mr. Lehrer continued and explained the type of print and character that he felt was appropriate. Ms. Abbott suggested less verbage and more pictures. JJ Mr. Lowry suggested adding logos as volt. Mr. Miller stated that he felt a less schematic map for the city was needed. h Mr. Cochran suggested possibly including dates and events that occur annually. Ms. Finley stated that some dates may change. Mr. Cochran agreed that anything with a longer shelf life would be for the better. Ms. Abbott suggested listing events in order to seasons instead of dates. k Ms. Finley stated that she has been working with the I hoteltmotel association and she felt it would be good to have the brochure put in rooms and Qiven to the i guests when they arrived into town. TAe Commission F agreed. ' I Mr. Lehrer suamariaed what the Commission was requesten and what was available in the types of yrtnt. The Commission agreed that English and 6oucy were both good choices but agreed that the font could be decided after the text was complete. Mr. Lowry requested changing the front to have the buggy and horses on another page of the brochure and to I complete the front page with the courthouse. Ms. Evans stated that the brochure is now ready for text and suggested the subcommittee meet to discuss the text. Friday, August to, 1989 at Bullitt Lowr/'s ` house was agreed upon. 4 a Mr. Cochran requested postponing item IV. until the next meeting. The Commission agreed. Ms. Abbott moved to adjourn the meeting at 6:S0 p.m. Seconded by Mr. Lowry and unanimously carried (S•0). 3-4 t~ ry~ ATTACHMENT 4 City of Denton City Council Minutes August 1, 1989 Page 7 D The following ordinance was considered: Q NO. 89.095 AN ORDINANCE REGULATING THE ESTABLISHMENT OF SEXUALLY ORIENTED BUSINESSES BY PROHIBITING THEIR LOCATION WITHIN A RESIDENTIAL DISTRICT OR WITHIN 1,000 FEET OF A CHURCH, A PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL, A DAY NURSERY OR KINDERGARTEN SCHOOL, THE BOUNDARY OF A RESIDENTIAL DISTRICT, A PUBLIC PARK ADJACENT OF A OLOT DEVOTEDrTO A (RESIDENTIAL USE, PROPERTY THE STUDY, REVIEW, AND DISCUSSION OF A PROPOSED O PROVIDING FOR A RDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES: I $2,000.00 OR VIOLATIONS PENALTY IHEIN THE MAXIMUM RE F. P OVIDING THAT THIS E ORDINANCE SHALL BE EFFECTIVE: FOR SIX MONTHS, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stephens "aye.'' Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending Appendix B. Zoning, of the Code of Ordinances by adding design standards for the Oak-Hickory Historic District. (The Planning and Zoning Commission and the Historic Landmark Commission recommended approval). The Mayor opened the public hearing. Mike Cochran, Chair-Historic Landmark Commission, urged support and passage of the ordinance which would make regulations regarding the Historic District easier to define and participation easier for residents. Brian Patrick, President of the alumni association which owned a fraternity house in the District, was in favor of the ordinance but was concerned with the parking regulations and wind devices particularly the flying of different kinds of flags. Jane Finley, Director of the Main Street program, stated that the Main Street Task Force felt the ordinance was an excellent precident to set around the Central Business District, No one spoke in opposition. i The Mayor closed the public hearing. 4-1 . a City of Denton City Council Minutes August 1, 1989 n Page e ! 1 A Elizabeth Evans, Planning Administrator, presented the boundaries of the Historic District. she presented slides showing guidelines for additions, new construction, and changes for certificates of appropriateness. The regulations would desceibe how the district would look in relation to each building and each lot in relation to other lots as well as to 111 the buildings on one particular lot. The regulations would include colors, details of proches, entranceways, storm i doors/windows, fencing, signs on commercial property and parking regulations. Council Member Hopkins asked about sign regulations for realtor signs. Lloyd Harrell, City Manager, stated that the size would be the face of the sign, not the post or stakes. Evans stated that the fraternity house did not have a specific use permit but had been grandfathered in. They would not have to change their packing unless a new house were built. A discussion was held by Council as to what type of flags could ' be flown in the District and whether a certificate of appropriateness from the Historic Landmark Commission would be required. Consensus of the Council was that the section defining wind devices needed to be clarified. Council Member Boyd proposed a motion to amend the ordinance in regards to wind devices. Mayor Stephens pointed out that there was no main motion on the floor at that time and perhaps Council would want to wait with amendments until the main motion had been made in case other areas of thn ordinance needed to be revised. Council Member Hopkins expressed concern for the following areas in the proposed ordinance: whether metal fences were allowed or not, the size of commercial signs, were the only type of wind devices allowed flags so that a child's wind sock would not be permitted, what type of flags would be allowed, no notice provision was mentioned in the penalty section so that would a viol,itor be ticketed without a warning. After a lengthly discussion regarding the above issues, } Alexander motioned, McAdams seconded to postpone the ordinance } until the first meeting in September and refer it back to staff for revisions. On roll vote, McAdams "aye," Alexander "aye, 11 Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Stepher3 "aye." Motion carried unanimously. i 4-2 i a , C 1 `n T 2289L/81789 ATTACHMENT 5 NO. AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTONI TEXAS, BY ADDING A NEW ARTICLE 28B TO PROVIDE FOR REGULATIONS FOR THE OAK-HICKORY HISTORIC DISTRICT, INCLUDING ARCHITECTURAL, SIGN, AND PARKING REGULATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the provisions of Article 28A of Appendix B-Zoning, the City Council has enacted Ordinance No. 87-224, providing for the creation of the Oak-Hickory Hip'Coric 1 District; and, WHEREAS, in order to protect and preserve the District, the regulations fo Commission District; proposed and recommended addi- Historic tional I WHEREAS, the Planning and Zoning Commission has recommended I approval of the proposed regulations; and, WHEREAS, the City Council has determined, after a public insure hearing the thereon, preservation lofiothe a District gar NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Appendix B-Zoning of the Code of Ordinances, as amen-Jed, s further amended to provide for a new Article 28B to read as follows: ARTICLE 28B OAK-HICKORY HISTORIC DISTRICT REGULATIONS Section 28B-1. Purpose. The purpose of this article is to insure the protection and preservation of the Oak-Hickory Historic District by providing for regulations for the use, construction, alteration repair, improvement, and alteration of buildings, structures, , properties, and sites within the District. Section 28B-2. Definitions. The words used in this Article shall have the following meanings: "Commission" shall appointed in accordance LwithaArticlem authorized 28A. 5-1 v T-6 or MW F + p. i 1 "District" shall mean the area encompassed in the Oak-Hickory Historic District as established by and described in ordinance 87-2241 as amended. A Section 28B-3. Application of Regulations. A. It shall be unlawful for any person to do, or to allow or 1 to do, any of the following acts on any cause any other person property located within the Distrocriat tn sa t from first applying and receiving a certificate of app p 1. Constructing a new building or making an addition to an i existing building. 2. Reconstructing, altering, changing, or restoring the t exterior facade of s.ny existing building. ` 3. placing or locating any building. f i 4. Performing any act for which a certificate of appro- priateness is required by article 28A. or erecting a fence, wall sign, or other 5. Constructing permanent improvements which are subject to regulation y this article. B. Any construction, alteration, or improvement made on any req F property within the District reason fh io uld n bee g uire a ee tificate of appropriateness by public street as proviot not visibl from s ded in thrior rtocthe ob ginning article 28A, b ubmitted to the Commission, prior for its determination csof whether the improvement would be visible public from a C. Other regulations applicable to the District as contained k in any other article of Appendix B-Zoning or the Code of Ordinances ' shall continue to apply to the District, except as specifically modified herein. ther ' D If any provision of this article conflicts with a of other provision o£ the Code of Ordinances, the proviss article shall govern and control. provision E. Where any provision of this article modifies any the words used of any other ordinance applicable to the District, rof the herein shall have the meaning as defined in the provisions of the ; r.d ordinance modified, unless the definition is otherwise p for herein. PAGE 2 5-2 i fl I F f a Section 28B-4. Approval Procedures. The requirements and procedures of article 28A-9 of Appendix 1 B-Zoning of the Code of Ordinances, providing for application and issuance of certificates of appropriateness, shell apply and be followed for any certificate of appropriateness required herein; provided, however, that no certificate o appropriateness required by article 28A-9 or this article shall be granted except upon compliance with the additional regulations of this article, where applicable. Section 28B-5. Architectural Regulations. - i A. Main Building - Main buildings must be compatible in scale f with structures exting in the District. B. Accesaaory3ui~ldinngs - Accessory buildings which are visible from any public street, other than an alley, as determined by the Commiision, must be compatible %`h the scale, shape, roof form, materials, detailing and color of the main building. I C. Architectural Detail - Materiels, colors, structural and decoration a ements an the manner in which they are used, applied, or joined together must be compatible with nearby and adjacent structures. D. Awnings _ - Metal and corrugated plastic awnings are oily permittee- on an accessory building or the rear facade of a main building, if not visible from any ;ublic street, other than an alley, as determined by the Commissio... Other awnings must be typical of any proposed structure and the character of the main building. E. Building Placement - All buildings must be placed so as to not adversely a e£ ct the rhythm of spaces between buildings on the block. F. Chimneys - All chimneys must be compatible with the style of propose-building.Chimneys must be constructed of brick, stucco, stone, or other materials compatible in texture, color, and style with the proposed main building. j G. Additions - All additions to a building must be compatible with the om narit horizontal or vertical characteristics, scale, shappe roof form, materials, detailing and color of the existing building. PAGE 3 5-3 i } a Z 4 d H. Color 1. Certain Colors Prohibited - Fluorescent metallic colors are not permitted cn the exterior of any structure in the District. 2. Dominant and Trim Colors - All structures must have a dominant color, which shall not be of vivid satura- tion. The colors of a structure must be complementary to each other and the overall character of the main building. 3. Gutters and Downspouts - Gutters and downspouts must be oT a co or that matches. or complements the color scheme of the main building. G 4. Roof Colors - Roof colors must complement the style and overall color scheme of the structure. 5. Masonry and Brick Surfaces - Masonry and brick surfaces not previously painted must not be painted unless it is determined that: i a) The painting is absolutely necessary to restore or preserve the masonary or brick; or j b) The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface. 6. Stain - The use and color of stain must be typical of Me style and period of the structure. 1. Facade Materials 1. In General - The only permitted facade materials are brick, wood siding, wood, stone, and stucco. All facade treatments and materials must be typical of the style and period of the main building. 2. Wood Facades - Existing wood facades must be preserved p as woo acades. J. Front Entrances and Porches 1. Detailing - Railings, moldings, the work, carvings, an other detailing and architectural decorations must bo typical of the style and period of the main building. PAGE 4 5-4 i i S I f i 2. Enclosures - A front entrance or porch may not be enzlosed-with any material, including iron bars, glass, or mesh screening. 3. Facade Openings - Porches must not obscure or conceal any acs a openings in the main buildings. 4. Floor Coverip&s - Carpeting is not permitted as a porch floor or step covering. 5. Sttxle - Each proposed main building must have a front porch or entry treatment with a shape, roof form, materials, and colors that are typical of the style, of the proposed main building. A front entry or porch must reflect the dominant horizontal and vertical it characteristics of the proposed main building. K. Roof Forms 1. Material and Colors - Roof material and colors must complement t e atyTe and overall color scheme of the i structure. j 2. Patterns - Roof patterns must be typical of the style an per od of the main building. 3. Slope and Pitch - The degree and direction of roof slope and pitch must be typical of the style and period s of the main building. 4. Skylights and Solar Panels - The commission may allow s y g is an sa ar panes on a building if their placement does not have an adverse effect on the architecture of a building or the District as a whole. L. Windows and Doors 1. Front Facade Openings - The location and size of windows -an-d--doors in proposed facades must be compatible in scale with the typical style and period of the main building. 2. Glass - Reflective, tinted, and mirrored glass and pTHTic are not permitted in any opening. 3. Screens Storm Doors and Storm Windows - Screens, storm oors, and storm w n owa may a permitted if; i PAGE 5 5-5 i e z. a. Their frames are painted to match or complement the color scheme of the main building; and b. They do not obscure significant features of the windows and doors they cover. 4. Security and Ornamental Bars - Security and ornamental ors are only perm tte on the exterior of an accessory building, the rear facade of the main building, and the interior of the building. 5. Shutters - Shutters must be typical of the style of the proposes main building and appear to be installed in a f manner to perform their intended function. 6. Style - All windows and doors in the front facade of the main building must be proportionally balanced in a manner typical of the style and period of the building. 7. Size - The size and proportion of window and door openings located on the front and sides of the main building must be typical of the style and period of the main building. I 8. Frames - The frames of the windows must be trimmed in a manner typical of the style and period of the building. i~ 9. ~0 Openings - All windows, doors, and lights in the front a ode facades of the main building must by typical I of the style and period of the building. Sidelights must be compatible with the door. M. Outdoor Lighting. Outdoor light fixtures must be compatible With Me Stye and period of the main building and not obscure or conflict with significant architectural details of the building. Section 28B-6. Fences A. Form 1. Fences must be maintained in a vertical position. 2. The top edge of a fence must be along a line that is either horizontal, or substantially parallel to grade. B. He ii ht - The maximum permitted height for a fence shall be as prow ~ded-tiy the Code of Ordinances. PACE 6 5-6 S T, d M1 i y e' I I C. Materials - A fence must be constructed of one or more of the fol ow ng materials: cast metal, wrought iron, wood, stone, brick, patterned concrete or stucco. Exposed concrete blocks are not permitted. D. Color and Style - Fences must be of a color, style, and materia w c is compatible to the rdain building. E. Masonr Columns and Bases - The color, texture, pattern and dimens ons o masonry an the color, width, type, and elevation of mortar joints in a fence column or base must match the masonry and mortar joints of the main building as nearly as I~ practicable. F. Wooden Fences ` 1. All wooden structural posts must be at least four inches in diameter. 2. The side of a wooden fence facing a public street must be the finished side. 3. Wooden fences may be painted or stained a color that is complimentary to the main building. Section 28B-7. Sign Regulations. A. A licable Re ulation Modifications. All signs located within t e str et a a e subject to the provisions of Article 17 of Appendix B-Zoning, except as modified as follows: 1 1. Signs Permitted. Stake and wall signs are permitted. Ground, rood- projecting, portable, and off-premise signs are protibited, except for wind device signs used as ground or projecting signs as specifically permitted in this section. 2. Wall and Stake Sign Regulations. i a) Number of Wall S-ine Only one wall sign per promise sperm tte3~ b) Size. No wall sign shall have a maximum dimension which is greater than two (2) feet, measured along the greater distance of any one line which defines the effective area of the sign. No stake &i on shall I have an effective area greater than ten (10) square feet. I t PACE 7 5-7 a t i t F c) Wind Device Signs . No wind device signs are per-mitts in the strict, except that one national, one state, and one registered corporate logo flag may be displayed on an one premise as a ground sign, wall sign, or projecting sign. If a flag is displayed as a ground sign or projecting sign, the setback requirements applicable to ground signs in residential districts shall apply. A corporate logo flag may only be displayed on a premise owned or controlled by the corporation. No flag shall have a dimension, as to any one side, which is greater than six (6) feet. A. Address or me [a the si os org numb reulations of this are used I I ~ article s~ia not s p y B solely to identify the street address of the premise or to identify the street address of the premise or to identify by name the occupants of a residential building. B. Approval Procedure for Wall Si ns. No new wall signs shall be constructs or located, an no existing wall sign shall be altered, until a certificate of appropriateness is issued by the Commission in accordance with the procedures applicable to alterations or changes of the exterior architectural features of buildings, as provided for in Article 28A of the Code of j Ordinances. r I Section 288-8. Parking Regulations. ` A. A licable Re ulations Modifications. The provisions of Article o Peen x - o;_ n3. as amen e , shall apply to the District, except as modified es follows: 1. Location. All off-street parking spaces for any U i Twin-gg used as a multi-family dwelling or for a iden80 shall located between ethe rear and building fronting the public street property line. 2. Number of Parkin S aces. Each specified use shall provide the following num er of parking spaces: 1 a. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwelling unit. . Nonresidential uses shall provide one and one-half b (1.5) the number of parkin spaces required for that ~ use by Article 15 of Appendix B-Zoning. I PAGE 8 h 5-8 i E t t I I I i x F SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application 'F thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted stich remaining portions despite any such invalidity. SECTION III. A,ty person who shall violate a provision of this o- rdinanc`e, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor unishable by a fine not exceeding Two Thousand Dollars ($2,000.00. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ' ordinance is committed, or continued, and upon conviction of any I such violations such person shall be punished within the limits above. SECTION IV. That this ordinance shall become effective F fourteen days from the date of its passage, and the City S ecretary is hcrebly directed to cause the caption of this ord theiofficial newspaper hof he twice of eDenDenton t n, Texas,d within cten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. } RAY STEPHENgg MAYOR ATTEST: 1 JENNIFER f $ CITY NECRETM I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY M BY: I ` PAGE 9 f 5-9 E P f y ~h I I I I f 1 i~ ILA i S a z , DAIL: September 5, 1969 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJtCr: PROPOSIO "OCCUPAIIUNAL INJURY BENEFIT" POLICI Recommendation: Staff recommends approving the proposed "Occupational Injury benefit" policy because it will inform supervisors and employees of their rights and responsibilLties provided by the Workers' Compensation Law, protect the City's resources, and increase productivity. SUMMARY: the proposed policy mirrors the benefits provided by the Eorkers' Compensation Law for regular full-time, regular part-time, temporary and seasonal employees, as well as volunteers. Among these benefits are weekly indemnity payments, lump sum settlements, and full medical care. Additionally, the ' j accident reporting procedures are described in the proposed policy along with the reporting time frames dictated by the State, 4c require that employees utilise a "Designation of Duty ` Status" form so we can get them back to work, In a full duty capacity, as soon as possible. 1'lic proposed policy also contains guidelines by which the jobs of Workers' Compensation claimants will be filled with another regular full-time employee. If an injured worker does not perform his full-time duties for one hundred and eighty (180) calendar days and medical records indicate he will not return to full duty for an additional thirty (30) calendar days, his position will be filled. Even though the law does not require us to keep a position open for a Workers' Compensation claimant, the proposed policy allows us to wait as long as possible before filling an employee's position. The policy also takes great care to protect the right of our employees and avoid wrongful termination law suits. Before filling an employees position, the Personnel and Legal Departments will review each case for compliance with this policy. i f Council Report Format "Occupational Injury Benefit Policy t. Page 2 Background: The City presently permits employees injured on the job and not able to perform their regular duties to continue to be listed as f an employee of the City indefinitely. Presently, we have six 1 employees who have not returned to full duty because of an on the job injury. I'he average time they have not performed full duty is 21.6 months. This practice causes the City two problems. First, we continue to pay the injured worker benefits (i.e., sick leave, vacation, and longevity pay) for an indefinite period. Therefore, we are incurring unnecessary costs. Secondly, productivity of the City is reduced because less staff is available to perform the full time duties of the position. l Programs, Departments or Groups Affected: fhe productivity of City departments will be increased by this 1 policy because positions left vacant by a Workers' Compensation claimant will not remain vacant more than seven months. Fiscal Impact: The City will receive a positive financial impact from improved productivity and a savings in benefits. E despectf ly submitted: Clo da n , Harrell' City ager Prepared by: - 1 Approved: { o r . McGrarle Executive Director of Finance ' 481dF RESOLUTION NO- A RESOLUTION ADOPTING A POLICY REGARDING EMPLOYEE RULES AND REGULATIONS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Director of the Personnel/ Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the council's consideration; and WHEREAS, the City Council desires to adopt such policy as an official policy regarding employment with the City; NOW THEREFORE, l BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: ACTION I. Tie following policy, attached hereto and made a part hereof is hereby adopted as an official policy of the City of Denton, Texas: 107.06 Occupational Injury Benefit Program i SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed in the offici,%1 records with the City Secretary. Secret III. The Employee Rules and Regulations of 1976 adopted by Resolution of the city council on February 1, 19770 are hereby rescinded to the extent they conflict with the foregoing policy and with any administrative procedures and directives issued under the authority of the City Manager implementing the policy hereby adopted. SECTION iV, This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1989. RAY STEPHENS$ MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f BYt 89-497 i I I I 3 r t t i 'CITY OF DENTON ve,cE 1 pp§- POLICI/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRroTIVE REFERENCE SECTION: PERSONNEVEMPLOYEE RELATIONS NUMBER: 107,06 SUBJECT: EMPLOYEE BENEFITS AND SERVICES EFFECTIVE DATE: TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAM REPLACES POLICY STATEMENT: It is the City of Denton's policy to provide benefits to regular full-time, regular part-time, temporary and seasonal employees, as well as volunteers as detailed in Articles 8306 through 8309h, Texas Workers' Compensation Act (TWCA), V.A.C.S., as amended. ADMINISTRATIVE PROCEDURES: 1. GENERAL At The industrially injured worker is entitled, under the Texas Work-3ra' Compensation Act, Articles 8306 through 8309h, V,A.C,S, ('Act') to receive from his employer full medical services and cash benefits for temporary disabilities and for permanent disabilities, The widow and dependents of employees killed in industrial accidents are entitled to death benefits pursuant to the Act. f D. The Act applies to regular :Lill-time, regular part-time, and temporary employees, as well as volunteers. The Act applies only to physical injuries and occupational diseases that arise out of and in the course of employment, It does not apply to natural illnesses which ace Tint caused or aggravated by any such physical Injury. C. An employee who is injured on the job notify immediately unless the injury is ofa nature that his supervisor notification, such as unconsciousness. Prohibits such D. The Rick Management Office shall be responsible for the overall I supervision, coordination, and implementation of the City's Workers' ' C application of ompensation Program, All questions relative to the specific t Act should be ec V Office, which will coordinate with the t Legal Rand MPersonnel Departments, if appropriate, f E. In some cases, the position of an employee who has been injured on the job may be filled due to business necessity. In such cases, his benefits under the Act will not be affected, Terminations will be carried out in accordance with the policies of the City of Denton, I } a f ~ Page 2 of 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PREFERENCE TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAM ;NUMFER: 107.06 F. All employees who are covered by the Act and who are i7 a less than I Full Duty Status shall not engage in any employment whatsoever without the written approval of the Risk Management Office and ' Personnel Department. G. Employees who have been injured on the job and engage in any E secondary employment without approval )f the Risk Manager and Director of Personnel/Employee Relations, shall be subject to disciplinary action. ` IT, THE SUPERVISORS' RESPONSIBILITIES IN ADMINISTERING THE WORKERS' Ir- COF'ENSATION PROGRAM: V A. The supervisor shad insure that all occupational injuries are ` immediately reported. B. The supervisor shall arrange for a personal contact with all employees who suffer major lost time injuries. The supervisor or his designee is encouraged to contact an injured subordinate employee within forty-eight (48) hours after the initial report of injury. Concern by the supervisor for the morale and well-being of an injured employ a could be expected to partially alleviate anxieties. Failure to maintain contact with an injured employee may be interpreted by that employee as a lack of concern on the part of the City. C. The supervisor should review all accident reports and take appropriate, corrective action to minimize the reoccurrence of such accidents. t D. The supervisor shall also forward to Risk Management a completed copy of the Designation of Duty Status form, which the injured employee shall provide to hlm. { E, A First Report of Injury (form E-S) must be completed by the department and sent to the Risk Management Office as soon as possible, and no later than three (3) calendar days after any occupational injury. F. An Employer's Supplemental Report of Injury_ (form E-2) must be completed by the department and submitted to the Risk Management Office within three (3) calendar days of the following: 1. An injured employee's Duty Status changes from working to non-working (i.e., a previously injured employee who returns to work and begins to lose time again due to the same injury) or non-working to working status. These circumstances may recur numerous times and, if so, an E-2 must be completed at each status change, i J low l S ~ i F ~ r i. y Page 3 of 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IREPERENCE TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAM (NUMBER: 107.06 I 2. If an injured employee does not return to work after sixty 160) consecutive calendar days. An E-2 must be completed on the 60th day and on every consecutive 60th calendar day thereafter. The initiation and discontinuance of Workers' Compensation benefits is contingent upon the completion and timely submission of the E-2 form. The E-2 form must be completed and submitted within three (3) calendar days of the status change. G. In case an employee is seriously injured or dies, the Risk Management Office must be notified immediately. If the accident occurs during other than normal working hours, the department should immediately notify the Risk Manager at his residence. III. INDIVIDUAL EMPLOYEES' RESPONSIBILITIES IN ADMINISTERING THE WORKERS' COMPENSATION PROGRAM: 1 A. Each employee who is injured on the job must Immediately notify his 1 supervisor when the injury occurs, unless the injury is of a nature that prohibits such notification. The Act requires an employee to notify his employer within thirty (30) days of the date of the injury and to report such injury to the Industrial Accident Board (IAB) within six (6) months. The IA3 will send forms to the employee to be completed. An employee may forfeit his rights to all benefits if he fails to notify his supervisor or the I.A.B. i B. It is the responsibility of the employee injured on the job to have the Designation of Duty Status form filled out by the examining physician and returned to his supervisor immediately in accordance with this policy. C. An employee who is on occupational injury leave must contact his supervisor on a weekly basis. If the employee is unable to make contact personally, he should have someone contact his supervisor on his behalf. The City must be aware of the employee's status in order to plan and assign work duties and responsibilities in an efficient manner. D. An employee who fails to contact his supervisor In accordance with E the above shall be subject to disciplinary actions in accordance with the City's disciplinary policy. i IV, NON-CIVIL SERVICE EMPLOYEES' WORK STATUS: A. An employee's position (excluding Civil Service personnel in the Police and Fire Departments) may also be filled due to business i i i i a I F I Page 4 of 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) )REFERENCE TITLES OCCUPATIONAL INJURY BENEFIT PROGRAM (NUMBER: 107.06 I I necessity if he falls within one of the following categories: q. The employee must have been off work, or has been unable to t perform all the dutie, of his normal position for a period of at least one hundred and eighty (180) calendar days, and his physician does not anticipate his return to r full work status for at least an additional thirty (30) calendar lays. 2. The employee whose frequency and number of lost time injuries, and/or the number of days in which he is unable to perform all the duties of his position, is such that the employee's ' contribution to the division is minimal and non-productive during a period of at least one hundred and eighty (180) days, and his physician does not anticipate any change in status for an additional thirty (30) calendar day:. j B. No employee's position shall be filled on the basis of business I necessity until he has been unable to perform all his duties, or intermittently performed his duties, for at least one hundred and eighty (180) calendar days and medical records indicate he will not return to full duty status for an additional thirty (30) calendar days. i is Prior to filling an employee's position due to business necessity, t!-.e employee shall be given an opportunity to obtain employment either within or outside the City service. 2. The employee can compete for open positions Within the City, in accordance with the city's employment policyi however, the City cannot guarantee that a suitable position will be found. J 4 3. If a supervisor believes an injured employee's position must be filled on the basis of business necessity, the supervisor will make such a recommendation to the Personnel Department. The Personnel Departnent and Legal Department will verify the business necessity documentation and, if appropriate, the Personnel Department will initiate proceedings to fill the position in accordance with the City's policies. C. In the event an injured worker's position is filled, he shall be terminated due to the unavailability of a position, in accordance with the policies of the City of Denton. I ' V, CIVIL SERVICE EMPLOYEES (POLICIES AND FINAL WORK STATUS) f` A, An empluyee who is subject to Chapter 143 of the Texas Local Government Code, and who is injured on the job will be paid Workers' 1 I J _ f ' ar Page 5 of 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) (REFERENCE TITLE: OCCUPATIONAL 114JURY BENEFIT PROGRAM (NUMBER: 107.06 I Compensation indemnity payments plus wage continuation benefit payments such that the total equals 100% of normal pay, beginning the eighth day of occupational disability after the first day off from work. If the disability continues for four (4) weeks or more, the initial week of compensation will be paid retroactively. B. An employee subject to Chapter 143 of the Texas Local Government Code, and who is off work due to an on-the-job injury, receives wage r continuation for a time period not to exceed one (1) year. The City Council may extend the salary supplement benefits in part or whole. Barring such action, the employee may then use accumulated sick leave, personal leave, or other accrued benefits. G C. Workers' Compensation benefits will continue in accordance with the k Act. E VI. MEDICAL TREATMENT: f e i A. City employees covered under the Workers' Compensation Act shall have the sole right to select or choose the physicians and/or facilities to furnish medical aid, hospital services and nursing as may reasonably be required at the time of the injury, and at any time thereafter, to cure and relieve the effects naturally resulting from the injury. However, the City shall have the privilege of having any 1 injured employee examined Ly physicians and/or facilities of its choice. i B. When an injured employee is initially referred for medical treatment, and subsequent treatment, the employee will have his physician complete a Designation of Duty Status form. This form will be returned to the employee's supervisor following each treatment. VII. POLICY DEFINITIONS: A. 'BUSINESS NECESSITY' is when a division's productivity is adversely affected because an employee is not able to perform his regular duties as a result of an on-the-job injury. This includes, but is i not limited to, a reduction in service to citizens, a reduction in the workload of other employees, and the prevention of goals and objectives from being met. i B. 'INJURY' refers to any injury to the physical structure of the body, or a part thereof, which requires medical treatment. It shall not include any illness, disease or infection, unless such condition is directly caused by and naturally results from an on-the-job physical f injury or environmental hazard. For purposes of this policy, injuries will be considered 'on-the-job' only when the employee is r Page 6 of 6 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: OCCUPATIONAL INJURY BEN:FIT PROGRAM (REFERENCE INUMBER: 107.06 r I I performing an assigned or regularly scheduled job function directly related to his/her current city of Denton employment. This does not include any extracurricular activities which may be sponsored by the City (i.e., picnics, sporting events or other recreational-type activities). C. 'REGULAR FULL-TIME EMPLOYEES' are employees budgeted to work at least forty (40) hours per week on a continuing basis. D. 'REGULAR PART-TIME EMPLOYEES' are employees budgeted to work less than forty (40) hours per week. j E. OTEMPORARY EMPLOYEES' are employees who work a specified number of 1 hours per week for a limited period of time. Such positions are deleted after expiration of the authorized r 1 period. f F. 'SEASONAL EMPLOYEES' are employees who work a specific number of hours per week during a specific work season. The need for such positions usually recurs on an annual basis. i G. 'TEMPORARY DISABILITIES' consist principally of soft tissue injuries and simple fractures that may require some loss of work time. These ` can evolve into permanent disabling injuries if not properly handled. 1 H. 'PERMANENT DISABILITIES' - are severe injuries which result in the Injured party receiving irreversible disability after the injury heals. i f JJI 1 REFERENCE FORM: Employer's Picot Report of Injury (Form E -V employer s Supplemental Report of Injury (Form E-2) Designation of Duty Status --!Lg 21270/2) i 4042P 07/07/89 i j I CITY OF DEMON 215 E. IkKinne 3. Den ion, iK 76201 i DESIGNATION OF DUTY STATUS OF EMPLOYEES DATE Y DEPT. AIN VISITED I'AtICKTIS DR. ADDRESS _ ADDRESS HOSPITAL PHONE NO. ATTENDING PRVSICIAN'S STATEMENT OF WORK GPQITY AND CERTIFICATE Of OISABILITT PRE-EMLOYMENT REPORT MIRK RELEASE ' A No Significant Abnorn I ltias _ Return to Full Work 8 findings Corrcctibla And/Or Not _ Return to Work with Llmlfatlons S•r loos; Mndically Will Allow Noted Bales Anticipated Work _ Unable to Work Fro, C Findings Ral,lring Hlvloeste Vork Untll s ma a Ratlr lcilans ISM Below) J _ 0 Flndings Requiring Mayor Work RestrlctWm (SM Below) _ E Rediral I% Not llw om need for An tielpafod Work WORM( LIMITATIONS 04 Key1 Blank SPaa, . F Capacity (P) I'vilel Capacity (N) No GpAelty ' Lifting, 045 lbs. Climbing Walking On Or Near Machinery With Mc Ins, Part LlftingM 15-50 lbs. Manua rextarlty Ewposura To Pa1nf Spraying i And or PaInf Fumes Llfting, 50 lbs. or over Using Vibratory Tools Exposure To Snoke, Fumes And/Or Vapor Pushing . Pulling Use of Foot And/Or Leg CRT or LT) Exposure To Silica And,/Or Flher I Dlats 09 -It Standing or Walking _ Nn. Use of Arm And/Or Lag CRT or U) Exposure To Solvents f IOe reasln A ant Knee ling or Crawling ` Mrs. ylslon Greases - 011 Repestad Bending or Stooping Talking Eaesslve feat Ma,r. ring Overhead fearing Radiant Energy Manrnering Body Level FMCesslve Nolte Excessive Cold Peach l mg Ow Shoulder Vshiclo, Crana Elevator Operation OTItERi DIACNOSIS/RLCOM14EV-ICNSI I _j REFERRED IQ DR. ON 4 j FOR i RETURN VISIT ON DI ScliARGI..D FROM CLINIC I_/ MEOICATION PRESCRIBED:-__ _ W . TittS iZf1U'S3TG)FATURE- CCI Whlta Risk Meager Rocords / Pink Onpt. Rerordf / Yellow-fhyalclan's Rocordr 21270/2 i I t 1 1 i ll I I i I -070-1 TO ITT 1-1 17 1 J-1-111 i I Ir low DATE: 9/5/89 CITY COUNCIL REPORT FORMAT f0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: A resolution adopting Appendix A for the Denton Development Plan; adopting an amended 'Concept Plan' for the Denton Development Plan; and providing for an effective date. RECOMMENDATION: The Planning and Zoning Commission voted 6-0 to recommend adoption. I r SUMMARY: I'tie recommendations contained in Appendix A are summarized in the memo attach.d. BACKGROUND: Tne Denton Development Plan requires that Appendix A incorporate ` standard methodology for intensity analysis and the boundaries of the intensity areas. The Appendix was prepared by an eleven member task force appointed by the City Council in August 1988. PROGRAMS, DEPARIMENTS OR GROUPS AFFECTED: N/A i FISCAL IMPACT: r N/A Respectfu submitted: Prepared by l Lloy V arrell City Ma ager ti Harry N. ersaud, AICP Senior Planner App v s 4 ~ ren Robbins, AICP Executive Director Planning and Development 19171 I I I 1 1 -r - - - - r • T~ 'ha 4 CITY of DENTON /2t5 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: Septemb.:r 5, 1989 TO: Mayor and !embers of the City Council i FROM. Harry N. Persaud, AICP Senior Planner SUBJECT: APPENDIX A 10 THE DENTON DEVELOPME14T PLAN i i The Appendix A Task Force was appointed by City Council August 2, 1988 to delineate the boundaries of all the intensity areas required for the proper implementation of the Denton Development Plan and to review and make recommendations regarding a standard methodology for calculating intensity trip generation. The task force has now completed its assignment and the j recommendations are incorporated in Appendix A, attached. r E The major findings and recommendations are summarized as follows: (a) Trip generation rates by land use category (see page 3, Appendix A). J (b) A methodology for calculating the intensity status of a low intensity area (see page 60 Appendix A). (c) A methodology for calculating the intensity status of a moderate activity center (see pages 7 and 8, Appendix A). (d) A methodology for calculating the one-third rule allocations (see page 9, Appendix A). (e) A methodology for calculating the bonus in moderate activity centers (see page 10, Appendix A). (f) In cases where moderate activity centers are located at the intersection of proposed arterials, the task force recommended specific guidelines to be followed in the delineation of those centers in the future (see page 2, Appendix A). it I I 3aNU l a ✓ C. t i Mayor and Members of the City Council September 5, 1989 Page 2 (g) Amendment of the Denton Development Plan to remove multi-family from the list of land uses considered for a bonus (see page 10, Appendix A). (h) Relocate moderate activity center Y7 from Bonnie Brae and Ganzer Road to 1-35 and Ganzer Road (see Intensity Area map). (i) 1'ne concept map of the Denton Development Plan to be amended to reflect the precise boundaries recommended by the task force. The Task Force has nominated its chairman, Bill Claiborne, to present the recommendations to the City Council on September 5, 1989. If you have any questions, please feel free to call me at 566-8350. i Harry N. Perssud WP { Attachment 2640a y 1 G t A~ . RESOLUTION NO. A RESOLUTION ADOPTING AN APPENDIX A FOR THE DENTON DEVELOPMENT PLAN; ADOPTING All AMENDED "CONCEPT MAP" FOR THE DENTON DEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Denton Development Plan provides that the i methodology for intensity calculations and the detailed boundariea 1 of the intensity areas will be formulated by a citizens group and, upon approval of the City council, be adoptc,i an Appendix A to the Denton Development Plan; and WHEREAS, the City Council appointed an Appendix A Task Force to recommend the intensity area boundaries and the methodology for intensity calculations, as required by the Plan; and WHEREAS, the Appendix A Task Force has completed its work and ' I the Planning and Zoning commission has recommended adoption of an I Appendix A, as formulated by the Task Force; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the attached document, labeled as "Denton Development Plan - Appendix All, showing the intensity area boundaries and a standard methodology for intensity calculations, is approved as Appendix A to the Denton Development Plan, which shall supercede the interim intensity boundary map adopted by Resolution R-88-057. a SECTION ii.- That based on the intensity boundary maps adopted as Appendix A, an amended "Concept Map" for the Denton Development Plan is approved, the amended map to be kept on file with the Planning and Development Departasnt. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989. i 1 RAY STEPHENS, MA',OR ATTEST: { JENNIFER WALTERS, CITY SECRETARY { APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY c~ I BY: 89-441 f 1 I I i- T v low 1 i y DENTON i . DEVELOPMENT PLAN APPENDIX A j PLANNING AND DEVELOPMENT 'DEPARTMENT 1 CITY OF DENTON i SEPTEMBER 59 1989 i 4 i TABLE OF CONTENTS Page I 1.0 INTRODUCTION I I 2.0 INTENSITY AREA BOUNDARIES 1 2.1 Boundary Variables 2 2.2 Guidelines for Drawing Boundaries in Specific Areas 2 -"1 3.0 A STANDARD METHODOLOGY FOR INTENSITY CALCULA71083 1 3.1 Trip Generation 3 I 3.2 Intensity Allocation 4 3.3 Calculating the Intensity Status of a Low Intensity Area 6 3.4 %!4lculating the Intensity Status of a Moderate Activity ' (enter 3.41 The One Third Rule Calculation 9 10 3.42 Intensity Bonus Calculation 4.0 MAPS, BOUNDARY DESCRIPTIONS, AND GUIDELINES 11 ' I I i I I 1 j ~ I I I APPENDIX A TO THE DENTON DEVELOPMENT PLAN 1.0 INTRODUCTION The intensity policies in the Denton Development Plan (the Plan) provide a city-wide framework for analysing developments. The Plan calls for Appendix A to provide the specific boundaries of intensity study areas and a standard methodology for the analysis of development. Chapter V Section A. 3.b of the Plan statist "Appendix A to the Denton Development Plan will incorporate a standard methodology for intensity analysis and the boundaries of the intensity areas. This appendix is to be developed by a committee comprised of representatives of the five planning areas, the Planning and Zoning Commission, and the Land Use Planning Committee. Appendix A will be approved and updated by the Planning and Zoning Commission and the City Council in accordance with j the update procedures set out in the Denton Development Plan. The Executive Director for Planning and Development shall be responsible for preparing and updating the intensity calculations for each of the moderate and low intensity areas in accordance with the standard methodology and boundaries contained in Appendix A." Intensity describes the level of activity generated by a particular development. The Plan calls for intensity to be saasured by the average number of vehicle trips per day per acre (t/d/ac). For example, one aces of commarcial/ stall development generates an average of 650 trips per day per acre compared to 105 trips per day per acre for light induatrial uses. Intensity analyses and calculations only apply to the low intensity areas and the aodarate activity centers. According to the Plan, there is no lint to the number of trips to be generated y~dsyelopwnts in the mAjor activity centers. i 2.0 INTENSITf ARU bOUND"IES 2.1 boundary Variables In delineating the specific boundariea of the Intensity areas consideration has been given to the following variablest 1 'I f 09620 -1- i I a. Physical featurest Creeks, thoroughfares and railroads provide physical boundaries which are distinct and easy to identify. b. Environmental features: Ia order to protect natural resources special consideration has been given to floodplain areas and sites with slopes and trees. c. Land use and tonings As far as it is practical, intensity area boundaries have been drawn so as to include existing land uses (built) and current zoning (vacant land that is toned) in the corresponding intensity areas based on the guidelines given in the Denton Development Plan. d. Location and shape of tract: Certain tracts of land, because of their shape and location in relation to railroads and thoroughfares and/or existing non-residential development, should best be used for commercial/retail or light industrial type developments. Whenever these sites exist abutting a moderate activity center, the boundaries have been draw to j include these tracts as far as it is practical to do so considering all the other variables, e. Land use coapatibilitye In reviewing existing lead use and current toning for future development, an attempt has been made j to inttgrate land uses which are compatible and to separate j those uses which are incompatible. I f. Site of intensity areas According to the guidelines given in the Denton Development Plan, moderate activity centers should be about 60 ser: i in site and located about one mile apart at the intersection of primary arterial. Low intensity areas on the other hand should be about 640 acres or one square ails in site. ~I 2.2 Guidelines for Drawing Boundaries in Specific Areas Moderate activity centers which are built up within the City are much larger than those which have been designated in the vacant areas. Ln cases where moderate activity centers are located at the intersection of a proposed arterial whose exact right-of-way widtha and location were not fixed, it was difficult to identify a precise boundary. In these cimuastances Appendix A provide, guidelines (see section 4.0) which are to simplify and guide a sore precise re-definition of boundaries at sass time in the future Was these centers are considered for developsent. The precise delineation of these boundaries will result in corresponding changes to the boundaries in adjacent low intensity areas. 0962o i i 3.0 A STANDARD METHODOLOGY FOR INTENSITY CALCULATIONS. 3.1 Trip Generation intensity is measured by the aumber of vehicle tripe that are attracted or generated by a particular development in trips per day per acre. (t/d/ac). The average trip generation rates by land use category given in Table I have been adopted after reviewing trip Department ttofe Transportation Transportation Eaginee ra generation (Irates TE), the published local/regional data. Since the average trip generation rates are used to measure the intensity of land uses in a particular area, average trip rates are referred to as 'iatensity trips' and the area is called an Itat ensity area'. The standard methodology for intensity calculation keeps track of the trips generated by existing developments and potential future developments in the various intensity areas. The Plan designates three types of intensity areas with specific intenstty allocations in trips per day per acre. Low intensity areas are allocated 60 t/d/ac. Moderate activity centers are allocated 350 t/d/ac. The major activity centers have no limits on the number of trips generated by land use developments. Accordingly, an analysis of intensity for a development is a major 1 activity center is not done. TABLE Is TRIP GENERATION RATES BY LAND USE CATEGOkY i Land Use I Ttip Generation I Average Level I Average Cate o I Factor (per unit) I of Devalo ant I Trips/Acre Sia a Peail SF-lb 10 Trips 2.0 units ac 20 Sta a Fan11 SF-1 30 Trice 2.9 units ac 25 Sit a Famil SF-L 1 Tri Do 3 . uni u ac Single Fastiil SF-7 1 Trios 420 units ac 42 Mobile Nomaa 10 Tri 8 unite/84 80 Du lex 1 Tri o 8 units aC ti- gall MI Trips 12 ~ units ac 100 Multi- 14- Tri 13 units sa Institutional Tri -1 000 s ' 2.439 s sc 8 Industri Trips- 1 a 17.424 04114C 105 -111 o ice rernaeat ri 8-1 000 a s ac 350 Coatya nial/ sl/ Aetai ri -1 s 1 s ac 650 30 Parks i i 09620 -3- 1 or low t 3.1 Intensity Allocatloa The policies and guidelines for intensity allocation are gives in sectton 3.4, Chapter 3 of the Denton Development Plan. Chart 01 below provides a step by step process for intensity allocation when dealing with an application for zoning change. A hypothetical toning change proposal to used here to demonstrate each step in the process. Chart #1 DECISION MM INO CHART FOR INTENSITY ALLOCATION 1 Request for toning change is filed. Determine It pro- I rntiaaity is o.k., partionsto theta of NO proceed to apply other latensity is teceaded. policies of the plan. YLS a Dararriae it this a Check Starve. is a left out lot and/at rhathor a disproporeloe- is lotstelty available ate share has hue for ruilocatioar allocated. j TLS S Clarify tatsolltyl boundary or lecsnaity TLS ` Standard. I Calculate the total lneeasily efill not allocated far tb g Is to Good use the intensity area. e l p sot aiae voce logieat c 'h otCIt I CalcuUts the dispropertiosua share required. by the proposal TL! to Comilee ll a hilts facilities a e LLin re.truLattars e C°p°i i 11 eronaeet 4prered. ' a tL it approved, proceed to allocate a dlspro. ortiouts sbar$, t The eerier Cecile cenaLto of It etedy uuiao by the planning sod toning cousi-atoe and tecoommeadstlot by the Coommisatos to the 09620 city Couscll to eased rho ylla . -4- 41 r r I r I Step 1. Aa application is filed requesting a zoning change from Agriculture (A) classification to General Retail (GR) for a 3 acre tract. I Step 2. Check if a proportionate share of intensity is exceeded. la this case, the proportionate share is equal to 180 trips, i.e. (60 x 3). The zoning change requires 1,950 trips (650 x 3). I Step 3. Since the proportionate share is exceeded, tnia step is not applicable. Step 4. Check intensity statue. This step involves the calculation of intensity for existing land uses and current zoning for an intensity area incorporating the ! zoning change. In this case, the study area status calculation is given in Table It (see page 6) ..nd the r ' status is described on page 1. The calculations show that intensity is available with 68% of the intensity trips currently allocated acid 91954 trips potentially available for allocation. Step 5. Not applicable is tole case. Step 6. Not applicable in this case. I Case 7. The calculations show that 90954 trips not currently allocated. Refer to (e) oa page 7. V Step S. (3 x 650 - (3 x 60) - 1,170 trips. i Step 9. Review (a) Utility infrastructures to ensure adequacy to serve proposed uses. (b) Topographic and environmental features such as flood plains, drainage, trees aad slopes. (c) Land use compatibility with respect to existing' developments and potential future developments based on current zoning. (d) Other applicable policies in the Plan. In this case, the separation policy requires a half mile between neighborhood services or commercial/tetail nodes in low intensity areas. The location policy also requires that commercial/retail nodes of 3 acres to have direct ac^ess P to a primary or secondary arterial. Step 10. If the analysis, based on the criteria given in Step 9, is positive, the zoning could be approved. I 1 0962o -5- 1 1 1 4 I V 3.3 Calculating the Intensity Status of a Low Intensity Area The intensity trips for existing land uses (developed) and cutrent zoning (vacant land that is zoned) by land use categories listed in Table II are used as an example to demonstrate the steodard methodology. The numbers are rounded for easy calculation. TABLE 11: INTENSITY TRIPS FOR EXISTING LAND USES AND CURRENT ZONING BY LAND USE CATEGORIES EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENT LAND USE Units Acres Intensity Acres Intensity Acres Units Intensity CATEGORY (A) (8) (C)1 (D) (E)1 (F) (G) (H)l ` SF-15 +2 3 3.01 30 0 0 0 0 0 SF-10 163 727 234.70 7,270 68.25 2,047.5 0 0 0 , ' SF-7 104 0 0 0 0 0 0 0 0 Less SP-75 0 0 0 0 0 0 0 0 { Mob.Homes 0 0 0 0 0 0 0 0 j Duplex 0 0 0 2.75 220 0 0 0 E MF-R 0 0 0 0 0 0 0 0 MF-1i2 30 2.23 240 17.14 3,548 0 0 0 Cos/Rat 0 0 0 0 0 0 0 0 ` Office 0 0 0 0 0 0 0 0, Industry 0 0 0 0 0 0 0 0 j Insti'nal 0 7.47 677.45 0 0 0 0 0 Parks 0 0 0 0 0 0 0 0 ` R/0/Spsca6 0 3.78 0 0 0 0 0 0 Transport 0 34.36 0 0 0 0 0 0 Agric.1 0 0 0 120.80 0 0 0 0 Vacant 0 209.54 0 0 0 0 0 0 TOTAL 760 520.59 8,217 209.54 5,814 0 0 0 1. Columns (C), (E), and (H) have been computed using the average trip generation rater by land use categories given in Table I. h 2. Single family with lot size 16,000 sq* ft* and larger. 3. Single family with lot gists between 10,000 and 16,000 sq. ft. r 1 4. Single family with lot Altos between 7,000 and 10,000 sq, ft. 5. Single family with lot site leas than 7,000 sq. ft. 6. Restricted open space. Includes lame sasesents and flood plains. 7. Intensity trips for agriculture and vacant lands, in column D are allocated in the intensity calculations. S+e Item (d) on page 7. i i 0962o -6- i I The following procedure is used to calculate the intensity Status for a low intensity area. Reference is made to Table II above with columns numbered (A) through W. (a) Calculate the intensity area total tripe 31,235 Total for column (H) 520.59 z 60 . . . . . . . • . • (b) Calculate the trips allocated to ezisting land uses (developed) Total for column (C) . . . . . . . . . 8,217 (c) Calculate the trips allocated to current zoning (vacant lands that are zoned) Total for columns (E) and (H) . . . . . . . . . . 5,816 (d) Calculate the trips allocated to vacant I lands not toned plus agriculture zoning. Add agriculture and vacant categories in 1,2~' F c o l u m n (D) x 60 w (120.8 z 60) ' (e) Estimate the trips not allocated I (a) - ((b) + (c) + (d)) 31235 - (8217 + 5816 + 7248). . . . . . . . 9,954 I (f) Estimate the percentage of trips allocated 1 • (b) + (c) + (d)/(e) Y 100 68 I 8217 + 5816 + 7248/31235 z 100 . 4 3.4 Calculating the Intensity Status of a Moderato Activity Center The intensity numbers for e:istin= land use (developed) and current toning (vacant land that is zoned) by land use cerigorios listed is f Table III are used as an *maple to deaoa trate the standard ` methodology for calculating the intensity status of a moderate { activity center. Reference is uie to columns auaberec A through H and auabere are rounded for easy calculation. i i i i I I { 1 09020 7 i I I rr low TABLE III: MTENSITY TRIPS FOR EXISTLVG LAND USES AND CUARENIA ZONING BY LAND USE CATEGORIES i EXISTING LAND USE CURRENT ZONING PLANNED DEVELPPM''NT LAND USE Units Acres Intensity Acres Intensity Acres Unite Intecsity CATEGORY (A) (B) (C)l (D) (E)I (P) (G) (H)I J SF-16+2 0 0 0 0 0 0 0 0 SF-10 163 0 0 0 0 0 0 0 J SF-7 104 0 0 0 0 0 0 0 0 Liss SF-75 0 0 0 0 0 0 0 0 Mob.Hoeea 0 0 0 0 0 0 0 0 Duplex 0 0 0 0 0 0 0 0 1 MF-R 0 0 0 0 0 0 0 0 W-162 98 S 184 6 1,200 0 0 0 Com/Ret 0 8 5,200 10 6,500 0 0 0 Office 0 3.5 1,223 0 0 0 0 0 Industry 0 4 4.0 12 1,260 0 0 0, Ins ti 'ral 0 0 0 0 0 0 0 0 j Parke 0 6 180 0 0 0 0 0 R/O/Spacs6 0 0 0 0 0 0 0 0 f Transport 0 3.2 0 0 0 0 0 0 1 Agric.7 0 0 0 2.8 0 0 0 0 l Vacant 0 30.8 0 0 0 0 0 0 ' TOTAL 98 60.5 7.809 30.8 8,960 0 0 0 1. Columns (C), (8), and (H) have been computed using the average trip generation rates by land use categories given in Table I. 2. Single family with lot mime 16,000 sq. fts and larger. 3. Single family with lot state between 10,000 and 160000 eq, ft. 4, Single family with lot sizes between 7,000 and 10,000 sq. ft. I' 5. Single family with lot size lass than 7,000 sqo ft. 5. Restricted open space. Includes easements and flood plains. F 7. Intensity trips for agriculture and vacant lands in column D era allocated in the intensity calculations. Sae item (d) on page 9. 0962o J 1 I k The following procedure is used to calculate the intensity status of a moderate activity center. (a) Calculate the intensity area trips: Total for column (B) 60.5 r 350 . . . . . . . . . . . . . 21,175 (b) Calculate the tripe allocated to existing land uses (developed) Total for column (C) . . . . . . . . . . . . . . . . . 7,809 (c) Calculate the trips allocated co current zoning (vacant land that is rone4? Total for columns (E) and (H) (8,960) + (0) . . . . . . . . . . . . . . . . . . . . . . 8,960 (d) Calculate the trips allocated to vacant lands oat toned plus agricultural toning { Agric. + vacant categories given in column (D). . . . . . 980 t (a) Estimate the trips not allocated III (a) - Hb) + (c) + (d)1 21,175 - (7,809) + (8,963) + (98C). . . . 3,424 (f) Percentage of intensity trips allocated (b) + (c) + (d) / (a) : 100 (7,809) + (8,960) + (980)/21,175 1 100. . . . . . . . . . . d4 3.41 The One-Third Rule Calculation. I The One-Third Rule allows a moderate activity center to accommodate commercial/rvtsil land uses in an area not to erceed one third the total area of tho canter. The following procedure is used to determine the status of commercial/retail land uses as these relate 1 to the one-third rule. Reference is wade to Table III with columns numbered (A) through (H). Acres Trips (a' 650) (a) Calculate the 1/3 rule allocations • total also in column (g)/3 i .20.17 130110 (b) Calculate existing land use (developed) allocations 0 Com/Retail in column (g) 8.0 5,200 (c) Calculata the current roninj allocations Total for Cos/Retail in Colvans (D) + (p) (10+0)... e,.,...,,..a......,10.0 6,500 (d) CalcLlats the total allocations (b) + (c) (8 + 1001 . . . . . . . . . . . . . . . . . . . . . . 18.0 11,700 (e) Estimate the status of Coo/Rattail Land uses ■ (a) - (d) (20.17 - I8.0. . . . . . . . . . . . . . . . 2011 10410 09620 -9- i E r + r Q r { ti 3,42 Iotansity bonus Calculation, , The Denton Development Plaa provides for an intensity bonus in ' order to encourage the diversity of land uess in moderate activity centers. The Plag lists community facilities including school, library , fire and police station, park, opea space and cther governmental offices as typical land uses that may be considered in , granting the bonus, The following procedure is used to determine the intensity bonus, Reference is made to Table III with columns numbered (A)-(N). (a) Calculate the total acreage to be . considered for an lotensity bonus, its., Comunity facilities + Packs + open space, 4 (b) Calculate the tripe allocated to (a) In the moderate activity center, i.a., 6 X 330. 2,100 (c) Calculate the trips to be allocated if (a) is in a low intensity area, I'm,, 6 X 60, 360 (d) Calculate the total intensity b(oaus (b) + (c), 2,460 Accordiag to the Plan, the intensity bonus can be used to wstesd the boundaries of moderate activity centers, In order to do We, the total { intensity bonus is converted to land use scram using the trip generation rates to Table I (see pate 3), Thum, in the example above the intensity I bonus of 2,460 tripe cant converted as follovat j 3 acres of Offices at 350 t/d/ae ■ 1,050 2 acres of Oeaeral Well at 650 t/d/ac ■ 1,300 .5 ac t@ of Multi-fasily at 200 t/d//aa 100 i TOTAL 5.5 acres 2,450 based on these calculations, the moderate activity center can be extended by S,5 scram to include 3 acres of Offices, 2 screen of Coastal Wall and + 0.5 acts of multi-fsaily. The land uses granted for the purpose, of an intensity bonus should comply with all other policies In the Denton Develosment Plan. 4.0 MAPS, bOUNDAAY DESCRIPTIONS AND OUIDELINAS The following maps show the specific boundaries of each intensity area contained ilk the Oraater Denton PJanniag Area. The low intensity areas and the major activity centers are shown at scale 1 inch ■ 2000 ft. while the moderate activity centers sre represented at sale 1 inch ■ 1000 It. i 09620 10 i 1 1 J 1I 1 TIN IMW 1 i S 4 Ll 1 APPROX. 8128 1.128,$ ACRIB INTINBITY AREA BOUNDARY DiICRIPTION :ast- I-35 s+est~ kector Road North- AI&SF Railroad South- Canzer Road { I yet'/f' 1 r I 1 e i 1 t r r I W ' I a 0AN&IR ROAD IOALl i o 1000 2000 •~~-'l t u1r~l0fNlOM, rrxAI i 1 1 Y 1 INTINIITY ARIA • 2 APPROI,$121 609.07 ACRie BOUNDARY D16011PTION East: Match Line 2.8 Vests I-35 Northi FM 363 Southi Milam Creek , ` SBOTION IA 1 l ICI I f 1 PM aea (519 MATCML*d 1.5) s ~ it i c pop ~ f 1 ~y • r • VI I I 1.,~ ICACN 0 1000 2000 I I Z GPYMOINme, 1IRAs Y , s { r i 9 Il INTBNSITY AREA 0 Z APPROX. BISI 661.5 ACEEs BOUNDARY DIOCRIPTION East: FM 2164 West: Match Line 2.A North: FM 363 South: Milam Creek 1 ,a 1 SICTION 7,11 m (SEE MATCMIINE 1.A1 I N a k k FM Sss M h II 1 YRJIY CII/~K r 000 s10ALt -o% O t~ O GN 6, "IV?" Ts"s 1 { t 3 ~ 1 ~ I I L INTMITY ARrA 3 Arrro:l, 11111111 1234.35 Acrrr RII BOUNDARY Dr/ORIPTION East: FM 2164 test: 7rtesch North: Clear Creek South: FM 363 ~ I i I If I I I I N i i SCAL• 0 1000 2000 FM36s r urr w wwroa, rr~I,u 1 k r a s INTENSITY AREA ♦ 4 Alto 1358.01 ACA&j BOUNDARY DESCRIPTION lastI Atoheson, Topeka It Santa Fe Railroad Westc Hopkins Road Norths Ganrer Road Southi FM 1173 and a line 000 Feet north and parallel to FN 1113 el i i CAMR ROAD f J N r 114 4T1 ~ ' ~ IOALt; 0 1000 2000 C/TY 01 Dew". ru'l8 ~ 1I -anew 3 s Ilia ~Q~ ,GO AC11i1 INSiNIt7Y ARIA + a ` BOUNDARY 01ICRIPSION Ij cast I I-35 ~il, Nfatt ALChaaonl Topeka i Santa I* Railroad I! Northl Caaxar Road Southl Datthold Road R 1 i I ~ l ! ~J, III f ' I ` w 1l I 4 I yr~ 1 ~N ,h 1 i r. 4 y ~ v 1 1 L , . `1 I~I I ~ ~ , IIIi ' IJ.ItNOLD ATAD ; I ~ 11. l ~ ~ I I J 1 ~ J III, I ~ , I ' SCALA 1000 2000 ' ~r t r I' ' { ~ ClrY e/OIkrON, f/XA/ F low W-0-44 k PI 1 INTINe1TY ARIA + 8__...~ etas 507.70 Acsse BOUNDARY DgAORIPTION II Bash Bonnte drat Road ~S west1 1K-3$ and a line that follows Nllam Creek jI, North oanter Road 9outht North boundary line of Intensity Area 112 I` I ~.J•' ' , i I L-N 14 ~ ,~J I I I ) L. A6 vo I I I ~ ( I ~,J ~ r i ELI 0 1000 i " crrr of aHrar, rrxAs i r 4 r s INT1NaITY AAKA • 7 atstt 76,92 AClliB BOUNDARY OUIDBLINaa f In view of the floodplains In the southeast corner it may not be possible to develop 15 acres as part of the moderate center. Consideration shall be given however, to dovelop as much as possible in that corner not to exceed 15 acres. The moderate activity centers in the three other corners--the northwest, northeast, and the southwest--should not exceed 15 acres on each corner. +'I f I I ~ , I I I~ ! r i i 1 1 1 1 ~ I s 1 ' SCALI i I I 1 0 5 0 I~ 1 r t 3 } a iNTSNSITY AREA • e lliL 238691 ACRie ` BOUNDARY DRBCRIPTION Lash PN 2161 Westf Milam Creek, Canter Road, and Bonnie Brae Northi Milam Creek Southi Loop 188 and boundaries of Intensity Area 111 I i f aecrlowBa ~~v i r I~Au WAS Al IV% ` (on MATCHL14 $A r, I ~ ; CI kATCHUNE'18,B ,I I i r. J ~ k I LL 1~ ' 1 I si ~ I r.r.r II r~ ' r ~w . r . r • Le® SCALI 0 $000 2000 V" of Mil FIXA1 1 F low 1 I ~ - - - - - - - - - - - INTINBITY ARLA • $ wilt 2386.91 ACRIB -ram- j li BOUNDARY DLBCRIPTION E+ist I FM 2161 WestI Milam Creek, Uanzer Road, and Bonnie Brea North( Milam Creek ~If South: Loop 288 and boundaries of intensity Area 114 I 1 i .I~ Al(,AM I I II l1l If ~ 1 i I, I ~I ~ , i' r1.~ I ~ it I r , f, eeaTlon &A it 14A AIO M M TCHUNE' I wt (W MATCH1i IS •r~rL r~r• , I • r~ r~ r~ r~ r~ r I ICALS 0 1000 2000 I r . r ,..j l e109NT", TIXA/ • r. r. r• • i i r INTINSITY ARIA • 8 APPROl,alts 1188.6 ACRaa BOUNDARY DIBORIPTION East: Radecke Road and Egan Road hest: FM 156 North: FM 1173 South: US Highway 380 1 i KRl~1 , tM Itt R f r I ACNa I Ua HWY as ? ICALI 1 r • 0 1000 2000 4 ~ ® G M 00 0M CN, rexAS 1 i l INTZNe1TY ARRA . 10 e1:Z 1182.91 Acm 80UIIDf.RY DZSCRIPTION East: Lovers Lane ~il!I West: Radecke Road North: FM 1173 South: Jackson Road I ~ i r, I ~ I! KRUM f1e uvi ~ it ~ If 44 = 1 II ~ 9 lJ OCALS • - . _ . ~ 0 1000 2000 LM 1NT6NB[TY ARIA 1 1 Blzt 111.40 ACRZR , BOUNDARY ONBCAIPTION I East: AT and SF Railroad West: A line parallel to and approximately 800 ft. weat of Lovers Lane North: A line parallel to and approximately 800 ft. north of FN 1173 South: A line parallel to and approximately 800 ft. south of FM 1173 tt III' I r~ I r FM 117 J 1 ~f f~ ' 1~ ( RCAS1 Soo 1000 ,1 I I My Of MAIM, MAS 1 a q e 1 t / y F Z alts 1059.29 ACRII D99CRIPTION East: Bonnie Brae Weatt Atchenon, Topeka, and Santa Pe Railroad North: Barth>ld Road, 1-35, and a proposed thoroughfare connecting Bonnie Brae Road to 1-35, Southt Westgate Drive projected on a.straight line to AT r SP Railroad fik ' II t I 1 1;~, 'I ti t• , / Z t4, 1 y I 6AAINOLD RDAD I I N - - - - - - - - - - - - - - - - + / w s Allill- ICALI 111~~~111 OL000 2000 MY Of DOWN, ?IMA• t J t V J7' i 1NTEN6ISY AREA r SIZE 805.28 ACRES 13 - P I BOUNDARY DESCRIPTION East: West boundary line of Tract III and 11II in PD 120, south boundary line of PD 1200 and FN 2164 West: Bonnie Brae ai North; Loop 288 South: Highway 77 and Windsor Drive 1 I , ~ rA i ~J ~ I I t j LOOP 11~ l - ~41 . s PIP 1 xmm~, $1 = IKD T ` 0 +0000 2000 C111 of OM", TIMAS I J A , 1 ` INTENSITY AREA ♦ 14 SIZE 87,66 ACRES BOUNDARY DESCRIPTION East. A line drawn perpendicular to the Loop 208 and being about 1,000 It. east of FM 2161 West: Went boundary line of Tract III and III in PD 120 Northi The City limits line north of Loop 268 and property line of PD 120 Southa South boundary line of PD 120 and then following FM 2161 north and then east to the Creak so as to include 15.73 acres in the southeast corner of this intersection ~ I h a , I 1 ~ I 1 ~ • 19.01 ACS, 18.00 AM lop 16.75 ACS. I ! ` 40.74 ACS. ` Ibb Htuw I r HUOW \ ICALi See ieee ` \ • , S • CtwRpa00 f f i t , w . INTENSITY AREA 0 14 8128 87.66 ACR98 BOUNDARY D96ORIPTION Bast: A line drawn perpendicular to the Loop 286 and being about 7 1,000 ft. east of PN 2161 i West: west boundary line of Tract III and III in PD 120 North: The City limits line north of Loop 288 and property line of PD 120 South: South boundary line of PD 120 and then followinq PK 2161 north and then east to the Creek so as to include 15.13 acres In the southeast corner of this intersection I '1 III I S 18.01 ACS. 16.00 ACS. Zg9 18.78 AOS. w 40.74 ACS. . hum V r ® !4L Y ff -11~ w Lamm I •CALI ,~..i'~'• r--,,,~,o, a 5e~ tees ~geMIa / . ® C1rr e/ 0/U►ON, ►fXAS 1 ~ y I I I 1 m7mo EINTENBITY ARIA 0 15 Olin 74.44 ACA to BOUNDARY OUIDnLINne The Moderate Activity center at this intersection should be IJ Proportionately distributed allowing 15 acres on each corner as far as possible after making allowances for drainage and flood plains. F { d oqy ~ 14 1, j$1+ i I \•~~~~OAY CgEf\ 1f ror 1 41 y i i j , ! I I f I , ! I ' 1 f i I I ' I I 0 500 100 I I h J ( I urr.~ovNra,v, r~r~e I I INTRNSITT ARRA ♦ t8 BI=R 734.34 ACRRS j' BOUNDARY DRSCRIPTION East: Masch Branch Road Nest: Egan Road North: Jackson Road and Masch Branch Road South: US Hwy 380 ~i 1 ~ 1 ~ C ,1 I I R 11 ^ 1 + ! C, Iv 1 JACR ono ~ I 1 1 w ~ I I r ' rl \ ~r•~•~• I III r 1 RtOxMAT 10 I I f I I~ f I II; I ICALS ' ` 0 1000 2000 ~ . ~ ®crrr w el~rrar, rrxxl i { 4 e e INTANSITT ARIA ♦ 17 - size 937.08 ACRIS BOUNDARY DZICRIFTION II East: Atchoson, Topeka i Santa Fe Railroad Weatt Lovers Lane and Masch Branch Road North: A line that runs 800 feet south and parallel to FM 1173 South: Hwy 380 l ►11 1178 r I III k ; 1 , I 1 ! 1 1 J `I L, 1 I I r • r . r . r • J r • ~•••1 ~ YiGrwAY 110 r 1 ( ~ e ~ V ICAL! 1 ti• ~ I r 0 1000 2000 ~ ~ ~ r t CI►1'MOfNION. IIXAJ i r, low i 1 f ~ P v1 , h I lI INTANSITT ARBA ~8 81E8 398.64 Aca:a I` 1 BOUNDARY DESCRIPTION i East: Ili-35 ~ West: Atcheson, Topeka 6 Santa Pe Railroad "forth: Westgate projected in d straight line west of I-35 Ili South: Los Colinas Street projected to the Railroad 1 / 1 WHTGAT[ 1 I I,i ~ I ~1 I r••r•r.d Irv I ~ N I I I I , f ~ I ~ Ili •a,►I,>< I o two I I II I I I -W y; r T f INTMITY ARIA • 19 aIII 499,77 ACRIa kll , BOUNDARY DISCRIPTION ii East: Bonnie Brae t West: [H-3S North: Westgate South: Payne Drive projected to I-3$ III 1 1 ~ s~ Iii , ~ `ills l I 1 ' MISTIAiI I' I 1r V 1 1 1 I \ PAINI DAM it ~ III 1 1 ` 0 I, i ~ `I ill ~ Ba~c~ I , -----~5--0 looo zoos I { \ \ 1 coryof00FON,I/IrAI i 1 i t t i I fN7BNBI7Y ARIA # 1 ' IIII 20 BI:B 503.27 ACRXI III { BOUNDARY DIBORiPTION I Easti Highway 77 f Westt Bonnie Brae j South= Windsor Drive r 1 l I~ 'I T W:MOR DAM 10AC2 o~ooo~zooo f Mill • • ~ CITY Of OfAfTOM, rem r j t I INTENSITY ARIA ♦ 2 1 gigs ACRII BOUNDARY DESCRIPTION 1 East: A line separating Agricultural and OR zoning and drawn perpendicular to University Drive (Hwy 780) Weati AT and SF Railroad North: North boundary line of a tract zoned OR# Los Colinas Street proJectod in a straight line to the Railroad South: University Drive Ifr l PAYNE OR \ `r~~r P r ~Il I l \ a T.g AOS, AM Og I L-- HWY. 380 f SCALE 0 500 1000 cur N orN i ir 40W r INTBNaITY ARSA E 22 ela ' 317,10 AcRta BOUNDARY DZSCRIATION I EastI Sonni• Brae J Westt IH-35 Northt Payne Drive I projected to I-35 Southf North boundaries of Intensity Areas 121 and 171 and along VS 380 l Ijf~l verrrs oervi WO% I ~ I ---_J CONWAY 1 a sw+r MEMO SOAC: 0 1000 2000 CfIY M olNtpk. TfXAa ~ 1 J i ACRRI INTRSITY ARIA • 23 BIiR 61.35 i BOUNDARY D180RIPT10N 1 Highway 77, Bolivar, Headlee Street, and Carroll Boulevard Hasto West: Bonnie Brae North: Windeor Drive South: North property line of commercial and retail uses on the north it side of University Drive 'I I , I dv~ I WINDSOR DRLVI ' 1 ~ ~.A1 , w i I • I` III ~ 1 \I 1 Il 'h ' r r ~ 10AL! o tiro I 1~ l F low 1 { I INTENSITY ARIA 24 Sli■ ACRis BOUNDARY D/SCRMION lasts 4orth Locust Street Wesel dolt boundary of existing (01 snd iel lontng Wove. Of Ronnie Iris 41tth, North property line of Commercial and retail silts on the notth ells of imiveralty Drive South, Commencing on the West and foll"im the south boundary line of ealsting G4 aooln, wait of Ronnie Neat and 10110WLMI tmery Street West to 11Clude existing commeteill on the noetheast cornet of Aalone and University Drive then following in$ reek and then to Westwey and then to the South ptopetty line of OA ulf$ abutting Jolliet street, then along Carroll alvd. to unlveiale Drive y + •~MTN t1VCt }R ~ e ~ Rf ~ .~j~ IAIIM ye. ~ ~ .S~➢f ssfWaeo CrJAGCARD L i a % SioYlow aM [rgf'1~WC~1, ,p~W t~f, / (00 MATE UM 24A II V M IlT it Al I NOYQi~f~ ~ ' ^ • , HWY, ]60 I 01YERS1TY MWEST I r e P OM W y W f ~ ❑aaL1NDEN ❑LJ~~ E E ( 10M o ~ MC K M r GTy N DINTON, WAS 1 a I I 8IZ1< ACRLB ~'i ♦ INTLNSITY ARLA 24 BOUNDARY DESCRIPTION la+tI aacch Locust Sctait Wait of /onnla 1 xaitI Plait ooundacy of axlKtnq lcAl and Icl aonln9 Brae 4orthi aotth vtopaicV line of commetelal and t+tall uxel on tha north olds at 7nivaialty Dtlva on tha "eat and tollavlnq the acuth hO4nd11Y line of c n m Soutnl Common l 9 o xlattn9 Glt toning vat at Cann le Brae and follovln9 ammert l+l on one not chflet erest wsat r to Include aaUtlnq Ca t etY S reas Iva even lollovinq tha a carnar at to o and iniveclity Dr an6 then to Wol% vaY and nd then to the 110utM1 DtoDettY Slne of G11 Wool aeattlnq Sunaat It toot , than aloml Catcall Ilvd. to ~II, U qs~a ltY Dalya _ - Y 0.1' u F TPA M N rIA~iGARD tN, lam"' ~f OCT" ~~24A (MS I,IATCS LM 14A) I I i ' ~ Y1! N AT V 11 AC LJL.HWY. 77 its taM CAM L I - M ~~M EN D. I BIN N ~ 1 IOAL1 tJ ~ 0 500 1000 ILTYNDINtON, /fxA• i INTINS[TY AREA 0 25 SI:I 42083 ACRII it j~ BOUNDARY DISORIPTION i east; Sherman Drlve d' West; Highway 77, Bolivar, Headlee street, Carroll Boulevard Northi Windsor Drive iSouth; Woodland Street I \ • ~ . ~ , ~ i ~ ~ lip; J 1 1 1NDf DR[ + e t it 1 ~ I I B 80ALt 0 1000 2000 i ~ U J e ' • Dcoryefdftr"' WAS I I F low INTENSITY AREA • Zg al:a 700,22 ACRES BOUNDARY DESCRIPTION E39CS Sherman Drive ~i Westi FM 2154 ctorths Loop 11, Souths Windsor Drive ~ II 1,\ Loop 111' ~os► r / y IC. ~ i lII 1 \ I ' / ' 1 i' ICALS ' 0 1000 2000 My 1w *#Nrom, rjXAS i L Va INTENSITY AREA • 27 Bl:i 1641,13 ACARB BOUNDARY DINCRIPTION Easti FM 42e, Stuart Road and, the city limits line in the northwest corner of the intersection of FM 426 and Loop 288 ; Westa FM 2164 North: Milam Creek South: Loop 288 ll ~ i : ~ i I `ah ' ; I 1 I /I i-^ J li 11 ~ I M 1 I ( eaAD Itiilli,liMW WA LOOP all B0AL1 0 1000 2000 Wr of 011111M, WAS OC. i INTBNIITT AREA ♦ 2 8 APPROX. 8123 1009.4 ACREI BOUNDARY DEICRIPTION East: Clear Creek hest: FM 2164 North: Clear Creek South: Milam Creek i I i N S I ~rw~ lw IOALA 8 5g0 2000 1~ /.war I ' w~ ' ® eft YMDIN ION, to"a I I r i INTENSITY AREA / 29 8I=R 2040,13 ACRES ii BOUNDARY OBSCRIPTION I East: Clear Creek III West: FN 428 North: Clear Creek South: Hartlee Field Road to the Clear Creek intersection ~y J•J 4i I ct r (!I~ ~ I L / i eebTm 2u amm AC4m 0112ttl FIRLD ROAD ~A4ATCt4JE N MIN, : 80ALi N 0 1000 2000 r ~ r i ® Vrr of Akron, Mgt i r I II MISSION pt ~II slze 2040.13 ACR68 INTeNe1TY AReA • 29 BOUNDARY Db9CRIPT10N East: Clear Creek 12 B ~1 West: ClearYCreek North: Road to the Clear Creek intersection Sou ,I South! Hartlee Field ~i Cj,O, cnsi 1 j V J ~ y i i N i I J 1141.31 h~ 'dAR1LLi fIt6D ROAD I '1 1 I j I eaAL3 t, 0 1000 2000 I' k cfTY of OfN►OA, FIXAS I J 1 5 r 11` b ~ 11 I ~ V S s1iR 99.56 ACR68 INTSNBITY ARIA • 30 BOUNDARY D6BCRIPTiON j East: Boundaries of PD 90 in the northeast corner of this ` intersection and a line separating tracts P and G of PO 90 in I the southeast corner Kest: The city limits line in the lorthwest corner l0 freshin intersection and a line incorporating approximately the southwest corner North: Stuart Road at Sherman and the north boundary line in PD 90 South: South boundary line in PD 90 I , STUART ROAO 10.16 ACS. LOOP 288 4 / 23.60 Acs. 10.00 A U4. !i !i g 23.00 Acs. y,{~TOM a sCAL9 N 0 500 A RI 00YARR XINGS Row © CITY ofOCIYFMMAS E70w-jaa -We i 1 1 r , I INTENSITY ARIA 0 31 Btzs 924.77 ACR95 j BOUNDARY DEBCRIPTION i~ East: Farris Road and the corner of Hartlee Field Road and Farris Road as established through the guidelines of intensity Area 137 I{ West: Loop 288, the PD 90 boundary lines, and US Hwy 428 North; aartlee Field Road South: Silver Dome Road I f I , / ~ I 1 IiARTL£t rlCLD ROAD F, i \ ILvtp Done ROAD SCALI ~I 0 1000 2000 { 1 t W" of DINTDN, re"s i . y 1N7RNSlTT AREA • 32 8191 356.42 ACRIa 80VNDARY DZICA1PT10N I East: Loop 288, Kings Row, and Dunes Street f lIJIJ west: Sherman Dr'.ve North: South boundary line of PD go South: Windsor Drive I~ Ls it h { C~ . ~ ~ ~ ~ -III' f \ ~ I 1 ! /CALL 0 1000 2000 ,I ® errraO#MrM rrxAS I 1 ~ I 1 INTENSITY AREA t 33 SIEE 517.54 ACRES II`I BOUNDARY DESCRIPTION East: Nottingham I~ West: Sherman Drive North: Windsor Drive j~. South: University Drive East (Highway 3901 !i [Mg A IIIf - i / 1 1 Olt C x t1~tiV14StiZY OFtVt 1 ! i `li k N SCALE o 1000 2000 ~ LIB D U elrva.ox+rrar, rExAE ! ~ II ~ In li ~ l I j 1 ~I INTENSITY AREA + 34 sIEE 5~ Z~_ ACRES BOUNDARY DESCRIPTION k East: Loop 288 II !~I West: Dunes Street, Windsor Drive, and Nottingham I North: Kings Row Drive South: University Drive (Highway M ) , north property line PD 119, TP F ++j and MRiT Railroad II+ KINGS Aow t i ~ i 1 rr 1 i 1 ~ J N ava x ~ N N SCALE 0 ~000~2~000 crrr of arsoM, rrxAS ~I '!f i I 1 I or 1-w 4 i - At INTENSITY AREA ♦ 35 8IZ6 ~j,9=~ ACR6R BOUNDARY DESCRIPTION I East: Maynill Road 1, i1 West: Loop 288 I~ North: Silver Dome Road ~i South: Hwy 380 ~ I ~ III ~I I SILVER DOME ROAD r 1 ~ I Hof ! I, II i ~ ~ fi x.15 .+.r•_1 .1 '.IICALI 1`I 0 1000 2000 !I~I, 7 ` ® city of rxrok. TEXAS I I I J d 1 I Btz>s 1020.65 ACRa ` INTENSITY AREA + 36 i - I BOUNDARY DESCRIPTION 'V East: Collins Road West: Farris Road l North: Hartlee Field Road South: Texas 6 Pacific Railroad L III Y j ~ 1 1 11, j tlAA?LAi FtALO AOAD _ ,i!, 11 r II ~ M ,II s K I j! I 1 ` o*° k t~* II r . r ~ .d a*G1~SG, ~ `1 I i 11 ICALI IN N 0 1000 2000 Clft' se comfoN, TEXAS i 4 F ^ I [NTiNB[TY ARBA • 37 8122 66.60 ACRZB II BOUNDARY OUIDELIMEB Consideration shall be given to the shape and frontage of this center in relation to the alignment of the proposed primary arterial. The shape of the center should minimize the number of wedge-shaped tracts of land requiting from the primary arterial intersecting Hartlee Field Road and Parris Road. I E I~I9 € I{I ii III J `CAL1 a see 1000 n ~ II My Of DOWC N, rlxA/ i' i I INTENSITY AREA ♦ 3 8 APPROX. SIZE _ 779.76 Acaea j BOUNDARY DESCRIPTION East: Match Line 38.D Kest: FM 428 North: Elm Bottom II South: Clear Creek i i MATCHLINE 38.A ELM BOTTOM CIR SECTION 3S.A (SEE MATCHLINE i 3S,SA3S.D) i ~ I ('r i I III,' SCALE • 0 2000 2000 ® CITY M 0r11TCM, rrrAS I I i I r I i i i INTSN/IYY ARRA • 3 8 APPROX.BIis 1176.21 ACRIS ' e BOUNDARY DINORIPTION East: Elm Bottom Circle I test; F4 423 North: FM 423 South: Elm Bottom circle 1 ~ i I V I ~ tie A IEOTION $I./ (III MATCHLINI ~ 3l.ABSB.O) ELM IOTrOW CIA A. MATCHLINE 383 i 4, J4 / 1 • 0 1000 2000 / J GT1' N DINT M. rIBAS I J T'N f I INTEN0IT7 AREA + 38 APPROE.OIZB 569.99 ACREa I BOUNDARY DESORIPTION east: Elm Bottom Circle , vest: Clear Creek North: EM 428 south: Match Line 38.D i FM 416 wr,, W aECTIOM 08,0( (016 MATCMLI*g 18,0888.0) ELM BOTTOM CIA r, 1 1 ~:1r #CAL% • ' I 0 1000 2000 ` CITY N DIAIMN, TIAAI I I INTENSITY ARIA ♦ 39 APPROX. 8121 433.69 ACRES j BOUNDARY DESCRIPTION East: Elm Bottom Circle hest: Clear creek North: Elm Bottom Circle South: Clear Creek ELM BOTTOM CfR SECTION $6.0 I I (SEE MATCNIINE 3S.AASI.C) M ' I 1 ~ 1~1 i~ I I ~ 4. _•r.r.w,r•r.r.~ 1 , ` I • l 9 SCALS p 1000 2000 OITY M OfArMW, TfIIS 1 I w. F~ INTRNBITT ANNA • 39 APPIOX-81ZI 1140.94 ACRiB ; BOUNDARY D880RIPTION East: Elm Fork of the Trinity River hest: Collins Road North: Hartlee Field Road South! US Highway 360 and 377 I .I I 'L ' r lI HAArLRB FI9LO RO'. I I ~ i I 0, I 04 rHi I I I f I I I I 1 1 , I I f~i~l1-• ~e~t . 1,• . • r } 0 1000 2000 _ My of MAIM. MrAs J 4 R li INY8N81TY AREA • 40 81:e 135.84 ACR18 I j Ell BOUNDARY D98CRIPTION Ease' Trinity Road West= West Boundary line in PD 126 North' University Drive (Hwy, 380) South' North boundary line of tract III in PD 126 , ' • K/Y. 377 weM 15.5 L t I l PRMSED LAKEVIEW BLVD.. ICALI 0 500 1000 ' I Clri0401MrON, rfXAJ F low INTMITY ARIA • 41 SIII 447.31 ACRIS II I BOUNDARY DISORIPTION Bast: Collins Road I,;Ih West= Mayhill Road North) Texas and Pacific Railroad South) US Hwy 377 and 380 it III I~ III y , hill I \ i y I III i I rl ~ j ~ ~ I b f I, . S 1~~ ~ L~r•r• 1 ~~..•i y 3t H nA.7M tlN l 5 ' \ I I V I f , ~ BoAtI i 000 R 1 COTV of orNTCA6 rms ~ t J 128.16 Acite ~ 1NTiNeIT? Ai1A f . 42 ,III soV140%Rf DLeCiIlTfON Eastti Loop 3AA asCi Jlllag• last D[lv• Tp and NKt itall[oad ln PD ludea PD 96, No[Chi Jnlva[a1tY Drive, lnc 119r1f end MI zonlnq southl Aud[e Laney a lint sapa[aCinq ~jI1 Jnlva[a1tY D[lve and Z a P and MKT itall[oad V DO 0. ~J~' NOR OO.fpf,e N TAT ~ ~ EwFRSON ~ J O hVy. J!0 1 1e.4e X00 P b NOTATNROD" I V i • {~[=■y'~yF■~}~ 40,69 A06• f 1 ' ~ ~aALs Igoe d w prr w aNTOrr rexA + I I f INTIN81TT ARIA • 43 altl 508.94 ACRES - - BOUNDARY 098CRIPTION East: Mayhlll Road i West: Loop 288 North,. Highway 180 Souths FM 426 and boundary line oC :ntenalty Area }54 Itl i , i7 4.0 ~CALt I 1000 2000 CI1Y N "NfOSf, rs'XAS II 1 i I INTKNBITY ARBA . 44 $128 432.54 ACRILa BOUNDARY DOBCRiPTtON Easti Trinity Road and north boundary line of tract Oil in PD 126 West2 Nayhill Road North, US Hwy 311 and 380 and west boundary line in PD 126 Southi Slagq Road i! 1 I ya~ti 1 0 1 ' AGO RGAD f~fl i~ v ~ 1 1 ' I S II + 1 j ~ BCALL 0 1000 2000 ! em s0 61MMM, FIXAS e i. Q INTENSITY AREA t 4.5 APPROI.8129 804.47 ACRES BOUNDARY DESCRIPTION East: Lewisville Lake hest: Trinity Road North: US Highway 380 and 377 South: Mills Road I ,T ,~p.r •.r..r.r.._• •w._.w.,..~ I LEWISVILLE LAKE , I gat Fm { { 4 SCALS 0 1000 2000 h uTT Of OSNTON, flx,u f INTENSITY AREA • 40 8113 $9G,6$ ACRES BOUNDARY DESCRIPTION l 1 East, Trinity Road Westa Mayhill Road t North; Blagg Road South, Mills Road fll 00 1 L I,, ~ I I wn. 01 'ILAGG ROAD / f I 11 ~ ~ I ' ~f t 4. ` 1 k k BCALi 0 1000 2000 crtr Of 08WOv, rixM 1 r Pr low 1NTRNaITY AREA ♦ 47 8191 703,24 ACRIS { 80UNDARY D68CRIPTION East: A line separating 2P and MP zoning in PD 96, Audra Lane, Loop 289, Hummingbird Street, and Cardinal Street west: old North Road, Audra Lane, Lattimore, Mulkey North: TP b MKIT Railroad South: McXinney Street (FM 426) p " r ti~ • 1 Qu~ S AL`lS0.A L N{ c I i ILL J n ~ I I; I E ` •~,AIN &CALI j 0 1000 2000 VIT M OW0N, TfXA8 G 445.22 INTENSITY AREA • 48 BUZ ACNE V BOUNDARY DESCRIPTION East: Old North Road, Audra Lane, Lattimore Street, Mulkey Street, then return to Audra Lane West: TP ` MKT Railroad f Southi McKinney Street (FM d26y ,C I~a ~i ~ AU91L\ LANE, 1 } ~ I III v Tin0x1 4f ~4 84ALA N 0 1000 2000 ~i 1 r I CO" Of of WON, WAS i r INTENSITY AREA ♦ 49 SISE 220.34 ACRES BOUNDARY DESCRIPTION East; Village East Drive West: Ruddell Street North: University Drive East (Highway 380) South; TP and MXiT Railroad ~I • sue---~ 3 ij 1 III Is 1 + 1 i i ~r W y V y 1 t uws 3w D toy 1 o ! I 11 r I I 1 " jSV i ~ ra ~ BCALt 0 1000 2000 I My of D/NrOAI, rexAE l r slzE 511.24 ACRES INTENSITY AREA • so I, BOUNDARY DSBCRIPT104 East: Ruddell Street, TP 6 MKT Railroad, Bell Avenue 1rlest: Elm Street, Congress S e/Carroll Blvd. Egan Street, Bolivar Street, Westway, Carroll to University V Notth, University Drive (Hwy. 380) South, McKinney Street 'mon hood Plan shouldnebehused toPprotecttisinglelifamilynhousi gneastDOfelLocust Street. emu! l/ ____.LjU 6 HWY. 380 L-~ l 7-1 r tw 1 Tn" ~ J I J ~ of I c A I~"~1J wr $ " WITHERS PAISLEY C r ~ NGRE i BCA 500 ~~0~ ❑ N Y T Cory of DfMfdY.TMAS OAK i w. J ~ MMM~ INTiNaITY ARLA • b1 alas 282.76 AcRia BOUNDARY D98CRIPTION I East: MKT Railroad West: South Carroll Blvd. North: Congress, N. Elm, and McKinney South: Eagle and Wye _ HLJ -SR `I • ~ ~ III 1 I J . J , + ~w r~ ®5J Oman a ~ I~aJI \ gre jp~ aCALI i N 0 1000 2000 r Cify of D#N?*N, FIXAS I I ti t 1NTENSITT AREA ♦ 52 812E 553.68 ACRES BOUNDARY DESCRIPTION I' i East: Woodrow Lane West: MK67 Railroad and Wye Street North: McKinney Road (FM 426) South: Dallas Drive, Duncan Street, Kerley Street and Shady Oaks Drive ~ II J , ILA INS f-d-LIZ-AL IEEE ;INNer i ' • \ I ~LieJ 1 , sI . esr~ ~ SHADY S, Do ASS, ow ! ~c SCALE 1~1 0 1000 2000 ~j fl tar a/ orhrav, rlxAs I F A 1 a~=s 611.44 AC it H ~ INT91481TT AREA # 63 BOUNDARY DfBORIPTION East: Mayhill Road West: Woodrow Lane North: FM 426, excludes 10 18 acres of Moderate Activity Center 154 South: Pecan Creek it ~~II Ail wdl i V v C ' ! I I l` M PrcAx cMINX r . wM , ~ I I i 0 1000 2000 l ICr" of OIAMTOA6 TONAa ` k 1 I1f r a TY AREA t EB INTENSI 64 SIEB 62•g4 Acr BOUNDARY DEBORIPTION East: Includes 15,96 acres N.E. corner west: cardinal Street and includes 3.58 acres of Institutional and 12.18 acres S.W. corner Northt Hummingbird and Loop 288 South: Center line of flood plain, Loop 288, and property line. , ■ i CIL W COrCRf l C ~ 7 ■UTOM az11R ;;-9 rT ~O-(" / T so w'M I 11 me- oi A ITOION ■ ran i 1 AUS. 4.E! A04. 10.1! 0 . i i 43.6 AOB. ' BOAL1 I, ~ N °d 0 500 1000 0 J ems of 0MON, rtrAa or "MW . t i y`Is iNasNalsY ArieA + 66 alga 579.71 ACAU sOVNDARY Dig80R1PT10N Eastt Trinity goad westt Mayhill Road Northt Mills Road Souths FM 426 1 I I I HILLS ROAD ~I IIII ' s JLS"•/'~ I 1 1 / I 1 i aCALI 'wry N o 1000 2000 1 ` r1 CITY of D M N, WAS t 4 ' INTENSITY AREA 88 APPROX. all& 070.24 ACRES ° BOUNDARY DESCRIPTION East: Lewisville Lake l hest: 'trinity Road North: Mills Road South: FM 426 ...act%~~tOT 1 I f ' l I ' Y h I i ` i l IIWIBY1LL8 LI I I { I I J , ~►`7 C'~ ~ SOALt 1000 2000 • • J ® GfrY M MAfTON, rPYAS i n V INTENSITY AREA t 57 SIZE 71.02 ACRES BOUNDARY DESCRIPTION Easti east boundary line of PD 126 Westi West boundary line of PD 126 Northl A line north of a 5,0 acre tract zoned CP east of Lakeview Blvd. and a line north of a 12.9 acre tract zoned GR i Southl South boundary line of PD 126 i i y ,r 11 1 it ii sue, /h 1 I I LAKEVIEW KVtX i . 11 \1 1 1 BcAL% 0 see 1000 QTY of OdNfON, MAS ~I1 I r INTENSITY AREA i Jr$ BIZ: 1036.66 ACRES L, BOUNDARY DESCRIPTION + West; Mayhill Road ~I 1 North: FM 126 South: Pecan Creek ~I !I II f ` f e o p Se0nON MA 1 111 t 1,.TftM s` I I ~nyy 1 i ' ~,j ° I S II I N SCALA 0 1000 2000 r • r l A C/rYa/01MM, WAS r TIN IV I1 a r INTRNSITY AR&A t 58 Mll 1036.66 ACRR6 x I; BOUNDARY DRBCRiPTION ~f West: Mayhill Road North: FM 426 South: Pecan Creek Ali I 1 I 1,1h1 / 1 ` seat" a" 1 eo4.to Acme I I ~ ~ ~ IAA?Cli.t! 8M1 i 1 1 44 1 / 1{ I I . .yY/ rl 1 I~•r• ~ r PICO CRRRR I 1 w.r• f.rw 4♦ •OAL! IL N 0i 1000 2000 ® CITY M 0INTON, MAS • 1 I 1 I i 4 6 1 INTSNe1TY ARIA • 59 BIE)< 902.96 ACRIA BOUNDARY DtSCRIPTION .f East: Pecan Creek and Swisher Road West: Nayhill Road Ii North: Pecan Creek South: Edwards Road , 1 1 'P I 1 1 ( 1 ~ > 1 1 I I i v / F i ~..r.r.ll 1 ~ ~ f 1 1 ~ 1 ~ swrsee>t AM ICALI •r.r._•.y I t 0 1000 0 i CM M 0##Vr". rout y 4 11 1 1 Y INTENSITY AREA F 80 EIEE 1896.69 ACRES BOUNDARY DESCRIPTION + East: Mayhill Road West: Woodrow Lane, Colorado Blvd., a line that follows the commercial district in PD-6 Piney Creek Drive, and San Jacinto Blvd. North: Pecan Creek I PECAN CRNlx J~ l x 1 POf0 V • A~6 I 4o t {ay ~ ♦ 8®C'T1oN eo,A MIT AMN ~t 4 0~ (BEE MATCHLM SOi? `Ijj~ii N ICALN o 1000 2010 cm or aArroA, rr)rAE I i f iNTLNSITT AREA ♦ 60 BIZt 1896.69 ACR96 i i I~ BOUNDARY DSBCRIPTION East: Mayhill Road West: Woodrow Lane, Colorado Blvd., a line that follows the F commercial district in PD-6 Piney Creek Drive, and San Jacinto Blvd. North: Pecan Creek L . PrCAM CAtet ~I I1 t ' mmTI N e0i imroAcm ~ 1 li I (BEE MATCHLlE BD IU ,Cf ~Y' ~f I , II I i 1 lOA6A I N 0 1000 2000 CITY of array, re"s I i iNTINSITY ARIA t 61 81ZI 121.52 ACRS8 BOUNDARY DI8CRIPTION East: Woodrow Lane/Colorado Blvd. West= Duncan Street and Willow Springs Drive North: Kerley Street and Shady Oaks Drive South: A line that follows the Ll zoning line north of Sante Fe and Wilderness that continues along PD 30 to Dallas Drive. , f 1 J I . L w IAt MORSE s MLL , C M O AM M DON 8 f ~ AIIDN►Lk b ucour i ' TM ` sy ne ~ I I ~ Oq Z qd' u ALELRE VISTA o9~y !yd HADY AKS DR. 4 r4, V, Q n rrHC eoai LO. w . Asoru y0, H TO 1► \ 35 f. rW- a r~ . N BCALR 0 500 1000 { f ; Clrr a OfA MSS T 'N 4V 1-W N" 1 t INTENSITY AREA • 82 SIZE 173.79 ACRES BOUNDARY DESCRIPTION East: Colorado Blvd. West: Dallas Drive 't North: A line that follows the LI zoning line north of Sante Fe and it Wilderness that continues along PD-30 to Dallas Drive South: A line that follows the commercial district in PD-6 north of j San Jacinto Blvd., Piney Creek Drive, and San Jacinto Blvd. ' f I~ /f \ ~r 11 r t-.4 1 i ilk ~l 1' f `•`•_,MPL'4,* i II ll' F ~ o ; t ~q r` w 1 1S ~ ~ ! SCALE o 1000 zOOO ` L.~. 11I I~I ® cnr er uNTON, r11Aa ,I 1 1 1 • I a I INTENSITY AREA f 83 arzE 998,10 ACRES i J BOUNDARY DESCRIPTION Easc: Swisher Road and Pock rus Road West: Mayhill Road f. North: Edwards Road j South: I-35E, MRiT Railroad, And Shady Shores Road f ~I r , S ^ ! M I erwARas'ROAD I f-4 'I Ito pJ N I I ~ ' r h ~ ~ ~ II I ~ A RRU If 1 t . R~rGRpAa I s/Aar SNOMAS I i I ICALB 1 N 0l !1000 2000 ...~I ~ ~ I : GTY N OINYON, TIIA! i I I I J 1 f , 1NTINSITY AREA 84 APPROX. SIZE 1419.27 ACRZS BOUNDARY DESCRIPTION Bast: Carza Lane West: Swisher Road North: Pecan Creek South: Shady Shores Road i The City of Denton will not be responsible for planning and land use control in the eastern part of this intensity area which is outside Denton city limits. Specific information relating to the development of lands outside the city limits should be obtained from the respective community. I , fee, 1 I I ~ J~;KRW I SMHA )Y S I • lNAD lN011!! Rp I i i lCALS 0 1000 2000 w Cory of "Nr", E i a R INTRN8ITY ARIA APPROX.81Ei 1084,71 ACRiB BOUNDART DISCRIPTION East: MK&T Railroad hest: I-35E North: Shady Shores Road South: I-35E The boundary of this intensity area is for information only. The City of Denton will not be responsible for planning and land use control in this area. Specific information relating to the devel- opment of lands in this area should be obtained from the respective communit SHADY SHORES pD i C MWn i BCALS 0 1000 2000 ■ 51 e INTRNSITY ASIA t gg APPRO!/S1IR 199.69 ACRZS BOUNDARY DRSCRIPTION Not Applicable I The boundary of this intensity area is for information only. The City of Denton will not be responsible for planning and land use control in this area. specific information relating to the devel- opment of lands in this area should be obtained from the respective community. i + TF~q ti ~ ~ s RR ` I I / - II l^'\ V BOALS e 5e0 40em CIfY of bf)Vrft TINA L, ~ T r r~ INTRNRITY ARIA ♦ 87 APPROX. 8I21 182.06 ACRRR ROUNDARY DRRCRIPTION Not Applicable The boundary of this intensity area is for information only, Th6 City of Denton will not be responsible for planning and land use control in this area. Specific information relating to the devel- opment of lands in this area should be obtained from the respective community, j D i i h I I V SCALD I B~D0 Cry Of OfNfgk WAS i a a r APPROX. 51EE 542.87 ACRiB INTENSITY AREA 0 6a -M ~ BOUNDARY DEBC-TION ` East: I-35E 4esto Park Ridge Drive NCith: Meadow Oak Road sc t th : FM 2181 The bc.ndary of this intensity area is for information only. The city of Denton will not be responsible for planning and land use control in this area. specific information relating to the devel- opment of lands in this area should be obtained from the respective community. i ~ f I I k i I E I MEAD W OAK RD C 0INTH 9 h FM 1141 LtOOO 0 Grr i 9~ low i ~ s ~ 1 x j INTENSITY ARIA + 89 APPROI.SIES 526.08 ACRES BOUNDARY DESCRIPTION East: Park Ridge Drive hest: Lake Sharon Drive North: Lake Sharon Drive South: DI 2181 The boundary of this intensity area is for information only. The City of Denton will not be responsible for planning and land use control in this area. Specific information relating to the devel- opment of lands in this area should be obtained from the respective community. { I / a ~ LI j CORINTH ~ LAKE SHARON DA t it •1 FM 4111 k SOIL! 0 1000 2000 Ciff of "MM", MRA1 ~ 1 l n t A 1 I ACeta IxsRxsltY ARIA ~?Q ~ Arrso:.els■ 136.3 BOUNDARY DfICRIPS10N Not Applicable f The boundary of this intensity area is for information only. The iI City of Denton will not be responsible for planning and land use i control in this area. Specific information relating to the devel- opment of lands in this area should be obtained from the respective community. CORINTH i II • I C Jc cz: r { 10►Lr 1 a 500 ® Cory of IMNTM WAS i V low F ~ INTRNSITT ARRA • 7! APPBOI,BI=E 678.66 ACRLB BOUNDARY DESCRIPTION + East: Post Oak Drive 6 Lake Sharon Drive ~.estso Denton-Corinth City Limits Line 1 North: Lea Drive S o i. t h e FM 2181 J The bt.undary of this intensity area is for information only. The City of Denton will not be responsible for planning and land use control in this area. Specific information relating to the devel- opment of lands in this area should be obtained from the respective If 1 communit . I 1 I I LEA DA i F i CWMTH • I LAKE SHARON 011 II 00 1 ; SCALS 0 1-000 `Z000 WY M N*?", rIIA1 L/ INTENSITY AREA • 72 SIZE $Q,$$ ACRES BOUNDARY OUIDRLINRB Incorporate 6,12 acres of office and 20..0 acres of commercial Las shown on the ?0114 concept plan) in the northwest corner. The other J three corners should be 15 acres each with greater frontage on the 11 proposed Loop 288, I Till I' N it ~li ~ g I i Ir I ~aetn ROm PROPO«a LOOP 209 000 t •.oo , I IO.Bi ACB. ACIL MICKO Y CII~tK AO r A.00 AOB. { SAO AO I h I I i PCAL/ A see 1088 Cory ofW14"N, rfXArl ALL, a~ n 1+ A ' f i INTINNITY A/BA • 73 el:: 721.78 ACRIS BOUNDARY DISCRIPTION East: Denton city limits line westl FM 2181 (excludes moderate activity center 072) North= Robinson Road South: FM 2181 it I ROMSOM ROAD I d I ry III I 44 14 1 i ' 1\ r.+ II 0 ,0000 2000 11 ~ I II LI II ' II Co" of "ST". rIMAS ( ( l T-W INTSNSITY ARIA • 74 APPROZ.SIZZ 533,77 ACRIS BOUNDARY DESCRIPTION East: I-35E hest: Post Oak Drive North: Church South: Lake Sharon Drive The boundary of this intensity area is for information only. The City of Denton will not be responsible for planning and land use control in this area. Specific information relating to the devel- opment of lands in this area should be obtained from the respective I community. 1 ,a r ~ j I ~ d + E h , CHURCH I CM" LAKL RMAROM DR I W"o i a HIM e 1, o 1000 taoo city of Nov?", re"s 1 is { 4 I 1NTSNSITT AREA ♦ 75 APPROX. SIZE 42-.93 ACRES I BOUNDARY DESCRIPTION E f~ East: I-35E I~l vest: Lea Drive 'I North: Centon-Corinth City Limits Line South: Church and Lea Drive The boundary of this intensity area is for information only. The city of Denton will not be responsible for planning and land use control in this area. Specific information relating to the devel- opment of lands in this area should be obtained from the respective) community. j • r . I! 1 i ~ t LLA OR I CMJIION ` J 1 1 / ~ COIIINTH 1{ ' II IlnS ` ~ ~a►ss j 0 1000 2000 4 1 INTENSITY AREA ♦ 78 S[EE it 86.71 ACRES BOUNDARY DESCRIPTION West I-lSE Northt Union Pacific Railroad (formerly RXT Railroad) and Pockrus Road Southt City limits line south of Shady Shores Road r t I I ' POCK" R0. 4 Q r f 640. LI LINE _ ItlAL~ ' e see lase h Il I 1. 1.• 1 04 1 I j` 2 J INTBNBITY AREA • 77 BIEt 13~27.10~ ACRES 11 I v I! BOUNDARY DEBCR:PTION I East: I-35E West: Lillian Miller Parkway and FM 2161 North: A line separating 2P and General Retail Zoning ~I South: Robinson Road, State School Road And City limits line to I-3.E III 1 r 00 I I ~ ~ I rl II Ati~i + ~ - • I ~IIf' ~ V r I I~'I I 1 01, ROD: ON ROAD • IOALi w 0 1000 2000 4 I ~ I CITY eI CONTOM, FIMAE I'I ti `I Y z r, i 4 INTENSITY AREA ♦ 78 812E 35.92 ACREB BOUNDARY DESCRIPTION s West: A line separating commercial and SP16 zoning, Lillian Miller Pkwy. and a line separating 2? and SP16 zoning :forth: 1-35E South: A line separating 2P and General Retail zoning i. I ~j! r d- `\at0 77 J J LJ ~ 3e MMM RA ltmwst t y*tM t :vt eat v4 y Q k ~ v2 If v N eo,►~~ ~ 0 500 1000 LL N ~ COYYofDINf0k rfXAS q! C I k y INTENSITY AREA ! 79 elze 517,47 ACRES 1 BOUNDARY DESCRIPTION I f East: Lillian Miller Parkway 'l! h Nest: Teasley Lane f North: I-35E ~I South: Teasley Lane yi 1 '1 LV % ' ~I a J z ~ J v I H if qY I , V Ir rW 1 soAL1 1000 2000 L . 1 IDC'rv er orxr*N rfRAE I ~ J I f~ low ! P y k 4 4 Y i I i a® I INTSNBITY ASIA F 8o BIER 437.55 ACRIS BOUNDARY DIBCRIPTION I ease: Dallas Drive I hest: MST 6 TP Railroad south: I-356, Sam Bass, Londonderry, Teasley Lane. i I Mil l AuTM r ~ ,y L y.. R NI LK DOW I f is "s ARGALM :r TN SY T% J OLLlUC11T'f III' ALEGRE VISTA L MA Y OAKS OR. G s.nT. Fc ~ LAj z OIL a A RHO Rail LK L H y T f 35 OLVD. PL LA I : /CASK Lo ~ONCERRY o.a 1, a 500 '1000 C/7Y of DINTON, MA I ~ I' E r 1r{1 w i INTKNNISY ARIA + 81 81xt 607.68 AcRts BOUNDARY DSSCRIATION ' ~Ih East: Sam Hass Drive, Londonderry Drive and Teasley Lane ;,test; South Locust Street, a line drawn east of U.S. Hwy, 377 and incorporating the light industrial zone, then along Mission f Drive and U.S. Hwy. 377 ~fl', North: I-35E iil l C South: Hobson r ~ a~ + I I i I'JSS ~t 11 O N m N DSAA C ~ r \ ; a E i d I EI H v ~ / y v 'i a J MISSION DAM /i Noeso. ! N SCALS j JI _ p 1000 2000 0/1 ' ~ L ~ t/T1~ MOJNtQAI, TJxAJ I A s I I I~ i 6 j aIEE 705.39 ACRES INTENSITY AREA + 82 BOUNDARY DESCRIPTION , EI I East: FM 2181 West: Fo[testridge and extended south to Ryan Road II North: Hobson Lane south: Ryan Road llj 11 )L H0650N A at0i 'III i 'I N ~ i M M ~ (I RYAN ROAD I I i4 N $CAL■ ~i p~1000 0 r, ®C1ryN0IN/ON, I/XAl J +aew 0l w 1 I , { I J I i INTENSITY AREA t 83 M& 659.16 ACRte BOUNDARY D&SCRIPTION 711 JJ III East: Forrestridge and extended south to Ryan Road West: US 377 and Santa Fe Railroad 1 North: Hobson Lane South: Ryan Road 1 III uo LANI 1 .o ANN IIVAN ROAD ~ ~ III h N GOALS I 0 1000 2000 CfYYNOffirm, TIOAS I I INYRNai7Y ARRA ♦ v Y 84 slze 687.18 Acsia 3 BOUNDARY DZSCRIAYION I I East: Montecito Road and the Denton city limits line J! West: FM 1830 North: Ryan Road j South: Hickory Creek Road I .a / RYAN ROAD t, 49 III II 1 ~ ~ I i u a YYO ~SGROR R119 ROAD ~I 000 N o 1000 2000 cm oi mr0Al, rrxAs h III 1 i I INTENSITY AREA ♦ 85 SIZE 571.80 ACRES j'I` 11 BOUNDARY DESCRIPTION East: FM 2181 and a line that runs west of 6.12 acres of office and 20.20 acres of commercial in PD 114 li i west: Montecito Road and the Denton city limits line North: Ryan Road South: Hickory Creek Road L l i ~ ~ yea i • RrAM EOAD i ' II tihO~ ` ~I - , ~ i 111 k i escROaT c~ul~ I~o~D 0 1000 2000 1 gory of D#NM, f9jrAS I I I I % INTENSITY AREA • 88 APPROE. sM 938.87 ACRu BOUNDARY DESCRIPTION East: Fri 2181 4est: Hickory Creek Korth: Hickory Creek Road South: Old Alton Road I I E ICKORY CAEEK RD ao~ m \ I ~ I r ~ I = 1 1 f y ~ F J! u R SCALI f~ 0 1000 2000 Cori of c4li ON, re"s i J 1 t ~y • iNTRNRITT ARRA NO 8 7 APPROX,8IZR 628.14 AceRB BOUNDARY De8CRIP?ION 01 East: Hickory Creek West: Hilltop Road North: Hickory Creek South: Old Alton Road M I mob. 1 I 4 1 ~ ti I OLD ALTON RD i f r 1 ! 0 1000 2000 j My Of D#MMM• rexA1 1 I i 1NTRNa1TT ARRA 0 88 AP?ROI.@IRS 717.74 ACRRB ~ 7 4 a BOUNDARY DLICRIPTION i East: Hilltop Road West: FM 1830 S Fincher Road North: Country Club Road South: Hickory Hill Road BRUSH CRUX RA,' --ANN MEL-qmL- -j N •J a I KOIIY NIIL R) ICAL1 0 1000 2000 r GTYMOINtft TIXA8 r i f INTRNRITT ARIA • 89 APPROI.81:1 529.01 ACRea BOUNDARY DIBCRIPTION 1 East: EM 1110 4,est: Fincher Road North: FM 1830 South: Hickory Hill Road i k ~ 1 I k ~ ~ i i HICKORY HILL RO L'' r . - - r - I E~ x~ ' •o►LZ~ I 0 1000 2000 . r . r . r ® C1rrMOfNrm TMAS small= J INTSNIITY ARIA ♦ g APPROX. 8123 664.36 AcIIf BOUNDARY DII0I1PTION East: FM 1830 Rest: Gibbons Road North: Hickory Hill Road South: FM 407 I 10010' ICKOMY HILL NO MYL.E I it j o FM SOT III SCALS . , 0~000~2000 ® urr N SfWft MAS J INralvelrY AsBA E gi APPROX.B12i 1514.58 AcRRe 'f i BOUNDARY DRBORIPTION East: Gibbons Road Pest: Highway 377 North: Hickory Hill Road South: FM 407 The boundary of this intensity area is for information only. The City of Denton will not be responsible for planning and land vise control in this area. Specific information relating to the devel- l opment of lands in this area should be obtained from the respective I community. f Y HICKORY HILL R) I ARGYLE i FU 40r ICALI 0 1000 2000 CITY of "NTM, flll• 1 J _1 ' r I E INTIN/ITT ARIA • 9 2 APPROI.IIZI 161- ACM I IOUNDART DZlCRIPTION Not Applicable The boundary of this intensity area is for information only. The City of Denton will not be responsible for planning and land use control in this area. specific information relating to the devel- opment of lands in this area should be obtained from the respective community. ~ n N y f y 1 ARGYLE ROAD NOMA FA N a See a0ee MYMOfNfft tfXAf 1 i r i t~ INTRNBITT AREA + 9 3 APPROI.BIZI 1126,64 ACRRS E; BOUNDARY DZBORIMON East: Fincher Road West: Highway 377 I North: Country Club Road South: Hickory Hill Road The City of Denton will not be responsible for planning and land I J use control in the western part of this intensity area which is I outside Denton city limits. Specific information relating to the development of lands outside the city limits should be obtained from the respective community. I! / l oe I _ j~/ Will HAI A MMRM~~~l~~ I ARGYLE SCALS 0 1000 20010 ' CM of "NTM FIXAS I 1 1 1 t i =INTSNSITT 7- BOUNDARY 0 94 APPIOL8IZB 699.63 ACRIS -7-- DIIORIPTION i, ~I Fast: Country Club Road West: Highway 377 r:orth: Brush Creek Road South: Country Club Road r f L % BRUII+ Ell PA I ! dop 000 I 3 e I _ i i f ' 14 ICAL1 0 1000 2000 AMYIE CITY I MMMN, MA• J Ir low Sla: 92.85 ACRES INTENSITY AREA ♦ 95 BOUNDARY OUIDSLINES Consider Incorporating 7.80 acres of open space and 17.28 acres of general retail (as shown on PD118 concept plan) in the southeast corner. The other three cornets Should be 15.00 acres each with greater frontage on the proposed Loop 238. ` I l r / CIF, ALLRED ROAD I i • WLTON I, 1 PROPOSED 16 ACS ► LOOP ZD~ i6-AI 0 ~ ROAQ ~r I l i 1 I ~ ~ 16 Ace. 17.9 06. SOALL I . j 0 500 1000 Cory of "M 0A1. WAS k INTENSITY AEEA ♦ 98 _ BIEE 76~ ACRES l4 j BOUNDARY DESCRIPTION !k ,I East: Santa Fe Railroad and FM 1839 ` 'pest: U.s. 377 I South: Brush Creek Road Ill 1 y j q /r' ~ V arc , I J4 ` 1 II;~ I \ iv I i ----I I It I. 1 II 1RUSS Cleei ROAD,.-' N ` 001, r 000, C 1 r ~ l4AL1 0 1000 2000 ' / °1 dTT G# NION, TOMAS I FINTENSITY AREA • 87 SizE ACRES BOUNDARY DESCRIPTION East: A line drawn east of U.S. Hwy. 377 and incorporating the light industrial zone, then along Mission Drive and U. S. Hwy. 377 to Santa Fe Railroad West: MET i TP Railroad South: Santo Fe Railroad ! I 11 i PA,'viN SECTION S7A umm ` (M IAATCHU E 07J) PAN I r! wuuT i1 i ~ DOTSPr i 1 ROSELAW., i - 'L WA i I b ~ 1' I~ N GOALS rtr..n 0 500 1000 1^ V. ~ C1fYe10[MTOAb Tf>fAS i I INTENSITY AREA 9T r SIZE ACRES BOUNDARY DESCRIPTION seat: A line dram east of U.S. 8vy. 377 and incorporating the light I! industrial cone, then aloe Mission Drive and U. S. Hwy. 377 to West: MKT i TP Railroad I south: Sante Fe Railroad f+I' f ~ Eecrla+ or,A ~ I`I %I wsur ~ I 11 iSM MATCMLM o1,93 DOTSny ~ g05Elawru U HaBSON i KLAN" 1 eT. SCAL! 500 . / ` u CITY ef C M1'OM, re"S j V I I _ INTENSITY AREA ♦ 98 BILE i~ i $r= ACE ES BOUNDARY D6SCEIPT[pN EASt: XXT and T? Railroad, US 3771 Acme, and Bernerd Street ! Wow Santa Fe Railroad and Bonnie Brae Drive No nth: Willovood Street I d bi wIL I Ma100D m oil! i I • ~ ~ re ~ I i 1 + ; iyV? 044 f • \ rkR ~ I~ II I~ 1 1 HALE • IN 0 1000 2000 r ~ Cl1Te/DMVMN, t11A: I mom IV low 1 E T INTENSITY A19A r 99 Bill 381.77 ACR:B it j BOUNDARY DISCRIPTTON I; I 1 Last: 1-35E and Bernard Street West: Sonnis Brae South: W1110•aood Street If. 1 d ~ I Lj~ ~ I w towwooo L + m ~ I ~II % L ~ i ! IOAL1 ` T N 0 1000 2000 II NfYOfOfMTON, ItXAS i I 1 E ~ I • M T_ aw - 9 yy f F 2 i i M I INTENSITY AReA ♦ 100 Blzz ACR98 801INDARY DIICRIPTION Eaet: Bonnie Brae Drive and the Santa Fa Railroad it West: 1-35W ~j. North: I-35E South: Hickory Creek, and the MKT and TP Railroads jl III ` \ WykIlit 711 hear.{ III C ICI' i~ ~k ~i N r • r • r • Y ~ I 8lGTICN t00J► j / ~ ICI r~ cart MAtalatis +oam T ATC •100.A NO ~ L rsrSS. / j 1 ' • ~ j ~ 14 GOALS 0 1000 2000 IV WNW g I r I 1: M= Immmmmms: i INTRNSITY ARSA F 100 B~_~ ACASS BOUNDARY DZBCAIPTION East: Bonnie Brag Drive and the Santa Fe Railroad I West: I-35W ~I j North: I-35E South: Hickory Creek, nd the MKT and TP Railroads II 17 1 MGM= VGA Ow MAT04M IOOA) 4 • \ , / f ~~-~~L I IIII / / HA1 t 1000 2000 MIN I ~r CIFY 114 DfNFON. 11NAI T T IV low Y i "I r INTENSITY AREA • 101 l13R 1096.03 ACRES BOUNDARY DRRCRIPTION I~ EAW bonnie Brae weiti 1-35W Northi HiCkory Creek South: Allred Road 01 01 •N ~ J r / ~ ' ICAL• ~ 0 000 2000 I 1 ID ary w oftir L ri 1 R {,I [NY980[7Y ARBA f 102 alts 557.22 Ace95 BOUNDARY iD91CR[P110N Eaeti V.S. 377 and Hickory Creek weed Bonnie Brae North: Bonnie Brae and Hickory Creek ,III i of of of e, I of 1 I • \ SCAZK 0 1000 2000 ~ tlTY N •NN►OAb Tflfl a ~i J J a r C c f f t vg~ INTSNSITT AREA # APPROX, OM 142493 ACRRS 103 ROUwDART DESCRIPTION East: HIi9hway 377 4,est: -35W North: Allred Road South: Crawford Road / ALLRED RD ; ~ a r.r.r i it ~ ~ a 1~ CRAWFOMAID EIM SCAt1 0 1000 2000 A ~ unweri i 4W a INTENSITY ARIA • 104 APPROX. BILE 1948.28 ACRES f BOUNDARY DESCRIPTION East; Highway 377 F,est; I-35N North: Crawford Road South: FM 407 The boundary of this intensity area is for information only. The City of Denton will not be responsible for planning and land use control in this area. Specific information relating to the devel- opment of lands in this area should be obtained from the respective community, j CAAWIFORO RD 40 I • I 'n I A 44 1 1 1 r ~ w I i FM 407 44 H AL$ 0 1000 2000 ® GTY M DONN*, WAS J a h Fx V r J e I 4 I. FITBNNTY ARBA • 105 also ACROa I I BOUNDARY O VIDOLINBo encourage the historic preservation of Pilot Knob on the southwest corner of this intersection. It may be posstble to do this and develop this corner with frontage on the loop 288. The developer should have the flexibility to design and lay out the site. It the southwest corner is not developed as part of this center then the other three corners will accommodate 20 acres each to form a 60 acre center. 01 PROr~eED ' l0bk 16N--. 20 Aca / l % ~ I PILOT KNOB ALLOD ROAD D Acs. ICAILI / / 0 500 1000 / / ~ GT1'M{1fMTOM, TfxAl I F i. a y j INSeNSIYY ARSA 100 e1:e 4667.45 Ac11 :e I'~ j f BOUNDARY DieCRIP71011 I Eastt I-35W and 1-35 West; North Hickory Creek, Hickory Creek, and that connects Jim Christal nd FM 2449 proposed thoroughfare k tal Aoa + Noah: JivemrpaChsrsiaat I-35i along Southt FM 2449 proposed alignment to the W. Oak J I + it f J!Y CHRS ' #=AL ROAOI it • ~ \ • 1 ~ Jl Ill SWTM IOU w sum ACIIl4i 1 •r ~ ~ teat 1, \ , I I MArp;,Blli \ m i 1061a10eC) IR rw 1~ j rb Js q r zz: Ali AGALI 0 1000 2000 ID C/tP a D#*? ft MOVA8 1 r 'I ,45 1NTaN61TY ARIA * 106 Bum 4...... AcRaa III BOUNDARY DESCRIPTION Easts 1-35W and 1-35 West: North Hickory Creek, Hickory Creek, and a proposed thorougntare that connects Jim Christal and Px 2419 Norths Jim Christal Road along the proposed alignment to the 'W. Oak I overpass at 1-35 Southt 1K 2449 1 ~ \ I~ 1 d III ~N rnn crus:►t 00062 ~~y' 1 I\ SECTION 1061 IM" ACM (30 MATCNLMS 1 INAA 106.0 • ATCHUN 108.8 1 r. { 1 ICALI 0 1000 2000 CRY N 00VTON, re"S { q buy 4667.45 AaBBa _ 1NT=N61Tt ARIA 106 BOUNDARY D&BCR1PTION ,I cast: 1-35W and I-35 Hickory Creek, and a proposed tt:oroughtara West: North Hickory Creek, m 2449 that connects Jim ChrLetaL and ro osed alignment to the W. Oak North: JLm Chrlstal Rood Along the p P overpass at I-35 South: FN 2449 ~i j 1., J 1 , 1u) AA TCt LIE 1084 ~ gP:C71C'N 106.6 ~ ~ / zlaeaa AClIEb { I I . 106J & loss I I INN L • ~ I r l r/ t 1 I / / N• I / ~ •C ALs 0 1000 2000 CITY M DENTON, TEXAS 1 I F 4 4 A C~ INTENSITY AREA • 107 sits 1427.57 ACR98 BOUNDARY DESCRIMON i East: Hickory Creek and a proposed thoroughfare connecting to FN 2449 f West: C. Wolfe Road North: Tom Cole Road South: FN 2449 and the guidelines for the northeast corner of l intensity Area 4108 I ~ 11 u ~ III r I \ f TOR COLO ROAD C*l .r " Ik. v,a Ii ix t,k IR 1441 ICAL1 0 1000 2000 I~ My of OfN10N, fIXA! i tr,uurr. t , i INTXNSITY AhPA + Mpg SIZE 60.00 ACRLS BOUNDARY OUIDILINIS iI In view of the floodplains in the northeast and northwest corner of this Intersection it is possible that some areas may be required for drainage and open apace. If parkland/open space to provided then the I developers/ landowners shall be entitled to an intensity bonus. At the time of drawing the boundaries, consideration shall be given to distributing this node into the four corners and allowing approximately 15 acres on each corner. 1 i I ~^i II PROPOSE' 6011 288 w U.S WY, 2441 }1.~ ~ I I S ~ ~II i 1 k /CALM r 11/~~~111 a 500 0 j ® Nr.Y. 00 MrOM, rfXAS I l Or low INTENSITY AREA + 108 91Ei J 95-x_ Acaa9 I BOUNDARY DaSCRIPT[ON East: North Hickory Creek West; C. Wolfe Road North: Jim Christal Road South: Tom Cole Road ! I L. ~ I JSN CsRI9TAL ROAD + ~ ~ I i' I i Toe COLT ROAD i U 90AL1 ~I 0 4000 2000 N, ® CITY M OfNTON. ►EXA! S REP= 1 1 1 F AREA • 110 APPROX. 8132 ACRII DEBCRIPTION ounsil adopted resolution 488-072 dated Dec. 88 by which intensity area 4110 was merged rea 4106. { h , f I I i i j I IOALI [~1 0 1000 2000 CIfY d Of*TM MA! F I • INTRNaIrT AREA + 111 APPROX,811R 732.23 ACRRf BOUNDARY DRRCRIPTION East: Egan Road Mest: Nail Road North: Highway 380 south: Jim Crystal Road r I , , y . '14 ~ 1 1 ! I ~•y. 1 I t~ ti J6 CRYRTAL NO I4 i 1 10A62 o~ 1000 2000 1• GrydOfNfON• If1/f y n I S INTINSITY ARIA ♦ S1Zi E~ f f 5~87.8~9_ ACRES i BOUNDARY DESCRIPTION Ea3t: Miksch Branch Road i West L Egan Road North: US HWY no ff South: Jim Christal Road llf ill / US 111I6eWAr 110 1 j ~vI I I I I i ff J1 coal SI f AD / y ` I IOALs ` j 0 1000 2000 CITY SO D#NTDN• r8I IIIIIIIIIM~ M111 I I x INTENSITY ARBA t 113 6128 765.45 ACRBB BOUNDARY D&SCRIPTION CAW 1-35 westi Masch Branch Road North: Hwy. 380 j~ South: Jim ChrLstal Road along tha proposed alignment to the x. Oak overpass at 1-35 i ` MM ACM 1 . _ _ iM IAATCRIM t2~ HWY. 360 ~ I ~ I I I ~ 4 r o aR I 4 BOALB 1, a sa0 seed ® cIry of0fNT00% FIXAf y MIN I E I i l ' A 1 1 i INTENSITY AREA • 113_ Elas 765.45 ACREa I h BOUNDARY DEECSIPTION East: 1-35 III ' west: March ;:a Road North: Hwy. South: Jim Cheistal Road along the proposed alignment to the N. Oak ' overpass at 1-35 ~l HWY. 380 ` Hw i o00 i l m co ~ r r r Lu I ~ 9 1 ~ ,AM cHgISTAL s~cYbw »a~ f ~ / Mast At7M aeE raArc►aae ~ +aA1 0 500 tame Cory N DENTON, rEXA4 1 J 1 4 I ~ ' INTENSITY ARIA ♦ 114 931 299,53 ACILIS BOUNDARY AiBCBIPTION East: Bonnie Brae and a boundary linc following the existing GR zoning I West: I-35 North: University Drive (Hwy 380) South: Scripture ~I ~I i 1 ~ I r e~*a w SCAM PTUA1 a NOR \ ~ ~CALt I \ 0 1000 2000 CITY N MAIT0A1, TEXAS 1 1 r; 6 iNT=NS1TY ARIA • 116 bit= 4~,4=~ ACIIb BOUNDARY DSICRIPTION ~V East: Malone and Jagoe Street k :il West: Bonnie Brae North: Emery Street South: W. Hickory Street T MEML a ~ ~ 11 .2 SdALI a[~oo 0 1000 2000 aQ ~ D r, , urr.raNTOAa TINA: jl T~w V~ I'INTINSITT A81A ♦ 118 8191 5()8.04 ACa18 I BOUNDARY DSSCRIPTiON !I East: Carroll Blvd., Egan, and Bolivar Street West: Malone Drive, Jagoe Street and Avenue C EI~ North: South boundary line of moderate activity center 124 I ~ V I ~ q Qn ~ ea►L~ O `l 0 1000 2000 CITY of 00000. IIXAS r Fl I I i i ~ c 1 INTENSITY AREA • 117 8125 657.07 ACRES BOUNDARY DE:CRIPTION I Bast: South Carroll Blvd. Weati 1-356 Ili 1 Nottht Scripture, Bonnie Brae and West Hickory Southi Eagle Drive, Collie[ Street, and 1-352 9 L l___JaOf SCRIPT R SscT" MA S RIPTURE 2GUS ACM \ \ AMT s IVA I W, OAK i W. OAK ~ W HI KO4 I W u e I r ao ~I i ~ ~ ~ JS L3 I f, a ~ ~ eaAL>t 0 500 1000 I r / C1rYe/OfktOAf, MAS i f I i INTENSITY ARBA + 117 8121 657.07 ACR68 BOUNDARY D68CRIPTION East: South Carroll Blvd. ~i ~I west: I-35E North: Scripture, Bonnie Brae and West Hickory South: Eagle Drive, Collier Street, and I-35E II ISCR-IPTU ~ ~ 8EC1'tON t I m 400.78 Aptli r (90 MATCHJBY 117.A) ®r l 4. OAK W. OAK LL , HICKORY w. HICKO T W l . - ~ oow IN To' ~ J rM/'JI rreu ~ ~ , F-7 6C MAO -mu---JI IH f7 F ~ FI j, [ HU fum [ILI'l DL . ~ ~ ~ ~ ~aAZ■ 0 500 logo Dos WIfT cirr«orNrov. ►rxAS - n I T-P --Vv INTENSITY ARIA + 118 eiz>a 182,43 ACRES r BOUNDARY DESCRIPTION East: Fort Worth Drive and South Carroll Blvd fl West: Collier Street 1 ~I North: Eagle Drive i; I South: 1-35E and a line that follows Greenlee Street to Fort Worth ff Drive •1 C ~ ICI ~ ❑ l I I ` D aC ~ I M ~ o! I 1 T' I ~ tit : too 0 i 0 1000 2000 ~ ar ~ 1 f + +3 City OfDf*M#. FIXAS I 1 F I I 1 f INTENSITY AREA • 119 SI=E 165,16 Acssa BOUNDARY DESCRIPTION East: South Locust Street West: South Carroll, Greenlee Street, 1-35E, Bernard Street, Acme Strest, and Port Worth Drive North: Cagle Drive and Dallas Drive ' ` ~J~~ Eac~E Yr ~F71 MI-LL- RUTH I 1 ~ji ~IL~J ~ caurj O Sard~t 9 Jp a N C tua_JJ o~ swueatr i AIEGI v f; J ~ ~wour „ J wour Pr TArldk "II I-1 I r- I, GOALS ~ J~ ~A 'wN ~ ~ see ~eee " I MY N OfNTON, ffXAS f I 1 J APPROX. 81E3 ACRIa INYRNstTY ARRA # 120 BOUNDARY DRaCRIPTION East: Trietsch Rd West.. 135 Norms Clear Creek South: FM 3163 I Milem Rd RECTOR RD SECTION 120.A (SEE MATCHLIHE ' 140.8) I I~ ~y 1` 11 ^I ~ 1 1 I ' FM 3163 1 MILAM { ' /OAL• { 0 1000 2000 { ` ~ uTy.IOIMfON, t/rAJ i 1 r I r ;r . I INTINJITT ARIA f 120 APPROIo 0112 ACRII I BOUNDARY DIBCRIPTION East: Trietsch Rd West: 1 35 North: Clear Creek South: FM 3163 / Milam Rd I j o~ 1 q 000 E ~ c j ' IOTOR RD f ;t MOTION 120.8 l (BII MATOHLINR ` 110.A) It BOAL• 0 1000_2000 ~ I ~ GTY N OJNTON. TJJAJ 1 I 1 t 1 1 1I 1 I I y~ 1 1,1111 1 r ` s r I ` DATE: 9/5/89 CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: A resolution amending the Denton Development Plan by deleting multi-family and high density housing developments as being eligible for intensity bonuses; and providing for an effective date. RECOMMENDATION: The Planning and Zoning Commission voted 4-0 to recommend adoption, SUMMARY; III i The diversity policy in the Denton Deveopment %an (page 23) allows on intensity bon+is for multi-family and other high density housing and community facilities including school, library, fire station, police station, park, open space and other governmental offices. The pcoposed amendment will delete multi-family and high density housing from the list of lend uses eligible for an intensity bonus, BACKGROUND: The Appendix A Task Force in its deliberations on a standard methodology for calculating intensity bonus was concerned that the bonus is granted for multi-family and high density housing. Since the Denton Development Plan was adopted in September 1988, the bonus was not gtanted for multi-family or other high density housing. } PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: N/A FISCAL IMPACT: N/A I Respectf submitte : Prepared by: Lloyd V Harrell 11 a 1~ D ~ City Manager y try . eersa[udq Aice Senior Planner App; ved: -I- 1AIJAII) cJW F an H. ob ~bi tnay AICP ' Executive Director Planning and Development C n Ciry of DENrON / 215 E. McKinney ! Denton, Texas 76201 MEMORANDUM DATEt September 5, 1989 TO: Mayor and Members of the City Council FROM: Harry N. Pereaud, AICP Senior Planner SUBJECTt CONSIDER A RESOLUTION AMENDING THE DEN'TON DEVELOPMENT PLAN BY DELETING MULTI-FAMILY AND HIGH DENSITY HOUSING FROM A LIST OF LAND USES WHICH ARE ALLOWED AN INTENSITY BONUS IN A MODERATE ACTIVITY CENTER, The intensity bonus policy in the Denton Development Plan confers an intensity bonus for multi-family and other high density housing and community facilities Including school, library, fire station, police station other governmental offices located in a moderate activity center. Ascopy and 1 of the bonus policy as currently contained in the Denton Development Plan is J attached. 11 The amount of the bonus is equivalent to the size of the tract in question multiplied by 350 trips plus the size of the tract multiplied by 60 tripe. The Appendix A Task Force in its deliberations on a standard methodology for calculating an intensity bonus was concerned that the bonus is granted for f multi-family and high density housing. The Denton Development Plan also + allows up to 750 units of multi-family in one location in a moderate activity j center providing that there is a half mile separation from the nearest multi-family concentration. Since the Denton Development Plan was adopted in September 19880 there las been no bonus granted for multi-family in a moderate activity center. It is estimated that there are 140018 multi-family units occupying approximately 756.37 acres as of January 1989. There are 167,88 acres vacant lands zoned for multi-family excluding planned developments as of September r 1988, which could potentially absorb over 3,000 multi-family units. I I 1 1r } qJ Mayor and Members of the City Council September 5, 1969 Page 2 Staff recommends that the first paragraph of the diversity policy Section 8.2.d.1. of the Dentoa Development Plan be amended to read as follows: "The diversity policy of the plan allows for intensity bonuses for mixed use developments that include public or non-irofit community type service facilities or uses such as churches, scho)ls, libraries, fire stations, police stations, parks, open spaces or governmental offices. To meet the l+l requirements for a bonus, land for the community facility or use must be within the 60 acre designated area of a moderate activity center and cannot ` abut the outer boundary of the center." If you have any questions, please feel free to call me at 566-8350. Harry P rsaud ! wp Attachment 33168 i 1 I I i 1{ 1 pt e f t ATTACHMENT 1 A sense of "my part of t;,wn" (the village center concept) intensity on land use gradation Transportation/land use balan:e (reduction of cross-town traffic) Location of jobs and housing in close proximity Land use diversity shall be defined as uses other than the dominant land uses in the area such as commarcial, retail, light industrial` office. { 1) Bonus I ' The diversity poliby of the Plan will I give intensity bonuaas for mixed land use developments. To meet the requirements for a bonus, land for community services or facilities must be within the 60 acre designated area of a moderate activity center and } cannot Out the outer boundary of the center. Land uses that may be considered for granting a bonus area are multi-family and other high density housing and community facilities including school, library, fire station, police station, park, open space, and other governmental offices, The Planning and Zoning Commission may consider other specific } land usu. A developer may qualify for a bonus by 032ak 1-1 9 putting a community type facility or x designating a land use for a community facility at or close to the major intersection of the moderate node. The formula for calculating intensity bonuses shall be as follows: Number of acresi x 3562 plus Number of acresi x 603 1 ■ Number of acres designed for governmental offices or community services and facilities 2 ■ Intensity factor for moderate center 3 • Intensity factor for low intensity area The intensity bonus ddni e.used to- extend the boundaries of thei loderate center. For example, a 5 acre park shall earn a bonus of 2,050 intensity F trips (5 x 350 + 5 x 60). If this is used to develop multi-family housing at 25 units per acre it will expend the center by (2,650/2004) 10.25 acres. 4 • Units/acre multiplied by number of trips generated by land use, e.g., multi-family generates 8 trips per unit. I I 0326k 1-2 1 1 {Q 1 L ' { The developer providing the community F facility is the individual who s receives the bonus and the bonus may be an increase in land or in the intensity allowed for the developer's land. 2) Commercial/Retail Limits In order to encourage diversity in the moderate centers, commercial/retail land uses shall be limited to 1/3 of the total acreage of the center. For r~ example, a 60 acre moderate center can r accommodate a maximum c° 20 acres of commercial/retail land 1t^•. In addition, the 1/3 rule shall not apply to a moderate node that has been I expanded by a bonus, therefore all intensity gained from the bonus may be .designated for commercial/retail uses. I I I Commercial/retail land uses shall be encouraged in not more than three I corners of an intersection that I . incorporates a moderate center. i e. High-Density Rousing The Plan encourages high-density housing, j including manufactured housing, in the moderate centers under the following conditions: 1) Transition between land uses I 0326k 1-3 I ~ I J t ATTACHMENT 2 "z RESOLUTION NO. A RESOLUTION AMENDING THE DENTON DEVELOPMENT PLAN BY DELETING MULTI-FAMILY AND HIGH DENSITY HOUSING DEVELOPMENTS AS BEING ELIGIBLE FOR INTENSITY BONUSES; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the first paragraph of Chapter III, B, 2, d, (1), of the Denton Development Plan is amended to read as follows: The diversity policy of the Plan allows for intensity bonuses for mixed land use developments that include public or nonprofit community type service facilities or it uses, such as churches, schools, libraries, fire stations, police stations, parks, open spaces, or governmental offices. To meet the requirements for a bonus, land for the community facility or use must be within the 60 acre designated area of a moderate activity center and cannot abut the outer boundary of the center. SECTION II, That this resolution shall become effective immediately upon its passage and approval. ` PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR l ATTEST: JENNIFER WALTERS, CITY SECRETARY +1 1 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I i 1 89-47 I l I 1 1 t: i 't i i + f If "FT mom i 1 ~ i a 1 Iii I I ~ I i i I _ I J ~ i 0 CITY of DENrON / 2 15 E. McK/nney / Denton, Texas 76201 M E M O R A N D U M TO: Lloyd Harrell, City Manager `I FROM: Bill Angelo, Director of Community Services I DATE: August 7, 1989 I SUBJECT: ANIMAL SHELTER ADVISORY COMMTTTEE With the adoption of H.B. 2379, the City of Denton is now required to adhere to the provisions of the Texas Animal Shelter Act (Art. 4477-6b V.A.T.S). While the provisions of this Act will have very little effect on the operation of the Animal Control Center, It does require that the City establish an advisory committee to assist in corplying with the requirements of the Act. In accordance with the Act, the Advisory Committee shall: 1. Be appointed by the City Council; 2. Consist of at least one licensed veterinarian, one City official, one person whose duties include the daily operation of an animal shelter, and one representative of an animal welfare organization; 3. Meet at least three times per year. I ~ I We have recently been notified by the Texas Department of Health that th effective date of this legislation will bo September 1, 1989, and they expect the City to came Into compliance as soon as possible. Therefore, I have requested that the City's Attorney's Office draft the appropriate document for the creation of this committee. Once the committee Is created, the Council will need to consider the required appointments. In terms of the specific merbership require- ments, I would suggest that the Environmental Health Services Manager be appointed as the "person whose duties include the dally operation of an f animal shelter." I would also suggest that the "City Official" position be filled by either a Council member or staff. I IST/1A89165/1 I 1 1 ANIMAL SHELTER ADVISORY COMMITTEE August 7, 1989 Page 2 Should you have any questions or ccmnents in this matter, please let me know. Respectfully submitted, Bill Angelo BA/sc I cc; Rick Svehla, Deputy City Manager Debra Drayovitch, City Attorney I I i i 1 i s I ISVIA89165/2 1 j I T Ir low d 8 NO. AN ORDINANCE OF THE CITY OF DENTONI TEXAS, AMENDING SECTION 4-5 OF THE CODE OF ORDINANCES; ESTABLISHING THE ANIMAL SHELTER ADVISORY COMMITTEE; PRESCRIBING THE DUTIES THEREFOR; PRESCRIBING QUALIFICATIONS AND TERMS OF OFFICE; RENUMBERING THE REMAINING SECTIONS OF ARTICLE I OF CHAPTER 4 OF THE CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 71st Legislature of the State of Texas enacted H.B.2379 which became effective September 1, 1989, and amends '-1 Article 4477-6b, V.T.C.S. to require the governing body to appoint an advisory committee to assist in complying with the requirements of the Animal Shelter Act; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY O)F DENTON: SECTION I. That Section 4-5 and 4-6 of Code of ordinances are hereby amended to read as follows: Section 4-5. Animal Shelter Advisory committee - creation. (a) There is hereby established and created the Animal Shelter Advisory Committee to be composed of members, who shall meet the following qualifications: (1) one licensed veterinarian; (2) one city official; (3) one person whose duties include the daily operation of an animal shelter; (4) one representative of an animal welfare organization; and (5) (b) Each member shall serve a term of office of two years from the date of his appointment provided that when the original committee is appointed, members shall be appointed to serve a term expiring on June 30, 1990, and members shall be appointed to serve a term to expire on June 30, 1991. t Section 4-6. Purpose. (a) it shall be the purpose of the Committee to assist the city in complying with the r requirements of the Animal shelter Act, Article 4477-6b, V.T.C.S., as amended and to make recommendations to the City Council regarding methods and procedures necessary to ensure compliance with the Act. `C (b) The Committee shall meet at least three times ~--1 each year. SECTION II, That the existing Sections 4-5 thru 4-34 be renumbered respectively, Sections 4-7 thru 4-36. I SECTION 111, 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 ADAMI DRAYOVITCH, CITY ATTORNEY BY: 8/30/89 I 1 PAGE 2 J -IV low 9- d P I Fig 1 I 1 i I f 1 1 1 I I 11 I~ I 1 I 1 I I ~ $ r DATE: 9/5/84 ' CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECTt Adoption of an Ordinance amending PD 6 and approving a Detail Plan for Pep Boys. RECOMMENDATION: Planning and Zoning Commission recommends approval (6-G). SUMl4'1RYt Approval of the Pep Boys detail plan by Ordinance will amend PD 6 by authorizing an automobile parts store and an automobile service center in the same building. BACKGROUND: i See "History" in Staff Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: ` Pep Boys, Inc. of California, H. S. Miller Co., and Township 11 Neighborhood Association. FISCAL IltPACTt h N/A f` Respectfi submitted: Lloyd V arrell City Manager Pre ared by: " Fran H. Robbins, A1CP Executive Director Planning and Development Zilll { 18351 1 r i t STAFF REPORT fo: Mayor and City Council Case No.: Z-88-016 Meeting Date: July 11, 1989 GENERAL INFORMATION Applicant: Pep Boys of California, Inc. 1122 W. Washington Boulevard Los Angeles, California J0015 Status of Applicant: Proposed Uwner r Requested Action: Approval a detailed plan for a portion of Planned Development-6. 1'he land use proposed is an automobile service center and automobile parts store, Location and Size: A 1.717 acre tract located in San Jacinto Plaza on the I-35 service road adjacent to Wolfe's Nursery Surrounding Zoning and Land Use: North - PD-6, Single family residential South - I-35 East - PD-6, San Jacinto Plaza Shopping Center, retail f West - PD-6, Wolfe's Nursery Denton Development Plan: Low intensity area I SPECIAL INFORMATION Transportation: The property has access to the I-35 service road. In an effort to improve traffic circulation, the detailed plan would el.minate one access to Oe service road. Stacking has been p.,,ovided at entrance and exit points. The SDHPT ha modified the exit ramp from I-35 to Dallas urive by narrowing the entrance on to Dallas urive t) one lane on the left, and has channellied the exit off ti,~ frontage where it intersects with uallas Drive and the exit ramp. k (Case Z-88-Ulo) SPECIAL INrOAMATION (continued) Utilities: Existing utilities are adequate for this use. A 16' utility easement is located along the north property line. Drainage: Drainage will be routed to the access easement or east toward Mervyn's parking lot. HISTORY The property was zoned planned development in 1969 by j ordinance 1 69-35. Planned development-6 includes residential multifamily, cluster and retail/office land uses. Several amendments have been requested and approved. In addition, site plans for office and retail uses nave been approved. In 1973, j Council approved by motion a site plan that showed this area as commercial/recreation. No ordinance for this site plan was passed. This violated ordinance 169-35 and the existing zoning ordinance, and a motion may not overturn an ordinance. Therefore, the 1973 site plan is not in effect. The Planning and Zoning Commission (Pf,Z) recommended denial of a detailed plan on this site for a Pep Boys store in October of 1988. The case was scheduled for City Council public hearing on 1 October 12, 1988; however, the item was removed from the agenda at the request of the petitioner. The City Council postponed t action on the request at its December 13, 1988 meeting. Subsequently, the developer withdrew consideration of the detailed plan which was recommended by Planning and Zoning for denial. A new detail plan was submitted and considered by Pf,Z on May 10, 1989. The Commission recommended approval of that detail plan. Since P f, Z's public hearing and consideration, written protests from more than 201 of the owners of the land within 200 feet of this petitioned area have been received. Applicants requested at the Council's meeting of July 11, 1989 to postpone consideration. Council postponed to a date to be + later determined. I ~ - ANALYSIS I The property is located in a low intensity area according to the Denton Development Plan. While the disproportionate share of n ens ty po cy was not applicable in 1969, a disproportionate share of Intensity was allocated by approval of the original plan for the planned development, and a disproportionate share of intensity is requested witn this detailed plan. This site is 2 (case oo Ulo) ANAL S13 (Continued) designated for office/retail, and a very small area of multi-family use in the planned development ordinance in effect (069-35). A detailed plan to be approved by ordinance is required by Ordinance 069-35 and Article 11, Appendix B (zoning) of the Code of Ordinances as amended and effective on May 20, 1986. The detailed plan contains all information required by Article 11 of Appendix B (zoning) and Appendix C (landscaping and tree preservation) of the City of Denton Code of Ordinances. The proposal shows the elimination of an access point to the 1-35 Service Road and landscaping and screening along the 1-35 service road. The internal traffic circulation is designed so that parking is located on the side of the building and along the frontage of the service road. ~---1 Landscaping is provided throughout the tract. Sign standards will exceed nose of Article 17 (signs) of Appendix n (zoning) j of the Code of Ordinance. The ground sign will be no taller than 15 feet and no larger than ISU square feet, During the public hearing with the Commission on the previous detailed plan, the Commission stated that an automotive repair center could be disruptive to the adjacent neighborhood. The previous design allowed access to the automotive repair bays on the east side of the building. In response to this concern, relocatedswithethenbaysnfacingdln3S.snowing front ofbuilding uildin or the east building face, will be obscured by a retaining wall I that is 9 feet or the west end and tapering down to 2 feet at the driveway. Noise generated from the automotive repair area should project toward 1-35 and away from the residential area with the revision to the design. Two noise studies are attached. s Zoning decisions have a significant impact on existing neighborhoods, and the policies of the Plan state that the priority snould be given to the existing neighborhood. The proposed detailed plan includes a solid concrete wall 8 feet in 1 height along the property line with the residential properties. A row of trees will be planted along the entire boundary as well. No vehicular access is proposed along the residential boundary. Five Pep Boys stores in the Dallas-Port Worth area were visited by staff and appear to be similar in design and construction. Most of the facilities are not located adjacent to existing neighborhoods. The Pep Boys Store located on Collins Street in Arlington is located adjacent to an existing older residential neighborhood. Staff witnessed three incidents of repairs occurring outside the building either in the parking lot or i adjacent to the bay-repair area during visits to the Pep Boys stores. Altnougn the petitioner stated it was against company policy to work on vehicles outside of the building. 3 I l (Case Z-88-016) I ANALYSIS (continued) I The proposal submitted for recommendation includes a number of significant changes from the previously submitted detail plan for Pep Boys. In summary, they are as follows: 1. Bay doors face I-35. 2. Retaining wall on eastern side of lot screens building. 3. Vehicular access to rear of building prohibited and this area is now landscaped. 4. Oumpsters are now on access road side of building. S. Sign standard is lUU square feet smaller and 3S feet shorter. b. Lighting standards have been added. 7. Parking will not be allowed in the access easement. 1 RECOMMENDATION Tne Planning and Zoning Commission recommends approval of y Z-88-016 (6-0). J ALTERNATIVES 1. Approve petition 2. Approve petition with conditions and/or additional or different design standards. 3. Deny petition I ATTACHMENTS 1. Location Map 2. Detailed Plan 3. Development Standards 4. Ordinance 5, 1973 approved d site plan 6. Previously submitted detailed plan 7. Minutes of Planning and Zoning Commission meeting of May 10, 1989 8. Noise studies i 4 08390 ATTACHMENT 1 288016 fill :~J ~OA E MILL w * HA Y OAKS OR. `F 1,7 ALEGR£ VISTA v i j r.ra r~nen NON" JIL W ~t~~ T y~ c4oH 4 ~ L k G s' qepqIL ]S Q A l +4 14 L HOERRY n. O .oao r~ i ~ r ti r C h ATTACHMENT 2 DETkIL PLAN L -7 I l f ~ o ~ r7 i ~ t pp~ gb Ex p ~ ~ 88 ~ 0 / \ ` a e n n s ;l I~ 14 I y f_ r ~ ~ ~ ~ ~i unm uw►r aa~x ore s PEP ~34@ BOYS iNTE)RSTATE 33 AND DALLAS DRIB eenw, V I ATTACHMENT 3 DEVELCPMENT STANDARDS CONCEPT PLAN DETAILED PLAN 1. Statement Of Intent Of Owners Owner intent is n noa rata a = f n^a-qtnry antmm-hila Center COns sting of 12,895 S of ofrg ail A"" Farts tiroa. batteries, miscellaneous r latod i emn anA In a rvir g hAya fnr minor +n -tins, brakg--- m+fflarn. lithe and nil nhangaa. %nj the _installation of aut"ar a nrmally cnld by Pon A nye. _ 2. Statement indicating Relation to Denton Development Guides The Plan Deyalopmont comnliaa h tha nant Jgnning naFyrtm ant Guide 1 n a - - 3. Total Number of Acres In Proposed Diatrieti 1 7 7 ;IL-ran - I 1 4. Land Uses and Total Number of Acres in xaeh Parcel or Tteetr Total Proposed Acreage ~ a. Single family Detached N/A b. single family Attached (tovntouses, cluster, etc.) N/A I F c. Attached Patio/Garden/tero Lot Line N/A d. Duplex N/A e. Multi-family h~fA to office N/A 9. Neighborhood iscvia N/A h. General Retail 21.235 a.f. to conercial /A j• Light Industrial N/A k. heavy Industrial N/A 1. Other (specify) Retail auto carts-sales i service 17.894 e.f. rAtail _ 4.568 s.f. storage l r 3.772 s.f. service 3-1 r Development Standatds Page 2 S- Oft-Site Information - adjacent or surrounding land uses, zoning, streets, drainage facilities, and other existing or proposed improvements, (Shown on concept or detailed plan.) 6, Traffic and Transportation - indicate existing and proposed streets, parking Iota, loading areas, access points. IShown on concept or detailed plan.) Projected Traffic Generation. (Based on traffic study, if required.) 1,232 trios.- 7. _ 7. Building ms a. Approximate location. (Shown on concept oc detailed plan.) be Maximum heights at north property lto^) c. Minimum setbacks: (Shown on concept or detailed plan.) Frcnt 500-0" Rear 221-9" I d. Maximum gross floor area (square feat) for nontesidentials N/A i 0. Residential Subdivisions a. Number of units per acts (density): i -0- _ be Number and location of lotat (Shown on concept or detailed plan.) ce Minimum miss, width and depth of loess (Shown on concept or detailed plan.) .0- d. Minimum front, aids and teat yard setbacks (Shown on concept or detailed plan.) 3-2 I t Development Standards Page 3 9• Water and Drainage - approximate location of all existing or proposed creeks, ponds, lakes, (loodplaina, other water retention or major drainage facilitias and improvements. (Shown on concept or detailed plan,) 10. Utilities - location of all major sewer, water or electrical lines and facilities. (Shown on concept or detailed plan.) 11. Location of trees 31 in diameter - six (6) feet from ground level. (Shown on concept or detailed plan.) ' 12. Open Space - location and sirs of greenbelts, parks, common and recreational areas. (Shown on concept or detailed plan.) Ye g I I _ 13. Screening - location, type and site of all fences, berms or screening features. (Shown on concept or detailed plan.) - et-()" huh toners a fanrA 1nR~ nnrtl. E i 14. Development Schedule (concept plan) - showing specific date detailed plan will be submitted, data to start construction and complete construction, and rate of development. All dates should Indicate month and year, Start constructions October 1989 Complete construction: April 1190 ADD1?1OM ASQUIRIM I 1061 A 09TAILZD PLAIT 13. Landscaping Plan • major features and types of landscaping to be used. LandsC&TAI screen coils ia i f _property line and a total of 12L21.49.f. of Ian dicaved-ALUL 3-3 I E Development Standards Page 4 li. Signs - show location, type and size on detailed plant otherwise, signs must conform to Article 17 of the toning Ordinance. Conforms to thg sign ordinance. 17. Sidewalks. (Shown on detailed plan.) 18. All information required for preliminary plat in accordance with Appendix A (Denton Development Code) of the Code of Ordinances. (A separate plat is required.) 19. Dev+lopment Schedule (detailed plan) - indicating start and completion of construction and the rate of development, All dates should indicate month and year. Start construction: October 1989. Complete construction: April 1990. t j - I I ab 3/87 3-4 I ATTA(,tMENT 4 - ORDINANCE 065-35 1101hAACt 40. 19.14 (Cwtlnued) me said to"• are to be 111111" led cellactad for tM ouromM fvnlnafter 111pulatad is follow , to Vitt t (a) rap tie Oaneral Fund 111eatfon on the 1100.00 valuation 1.1101 (b) Fer the ingreat Ind IN.wtlan Fund) OR outsW414 boded lndaa mw 1 00 tM 1100.00 valuation 1a41 Total A110CItfon of Lary 11.10 S [Tf011 tif • M41 the city Monger shall CNN teal" of the budgeI to II be fired With the cfbp, Swourf the Cauasy Clot of Oontee County Ind tie Spa co stm lar of Mile Aecemts. rr ^ Thi~l r wa shell be IMeetlve 1wnHately upa fu pain". FASM AN 00100 thfI 1SIA day of So t~, A.O.. 19th. j rv ATTM cm (w OOIT~, Tim In Of olafiol9. TIM! E A//f>Olm Al TO LIM rtllMt cm 01=19 "m . aArtlfA~et +11. a.>s /a Q1ftllMlq A1f111111 l M 011:111 w Of TM Cm Of mm TWIT, A4 is 11K Awm M AN mown T# no = a OMIIUII h Of Tk Cin or 01.m "Me a 0111CIIAlIl21 1»; M•1 AM Al 9A11 1W AfK111 tTl { =AM /+i~[11V MU Al CM LM IT IiM 11 Of Cm LM 20i CM 1.11111 U 2. 3 AM d of CM M,OC1C M AN CM LOT 13 Of CI1 BAN { TAR An mm 1MMRQmr umm 1Y Km 7W OF TIN CM d u1 An ' Tam, LWAW 191 nnerm OAR. { M CUM Of IN Cm 0/ OlflfWI mbe WIN OMMI No tAt tam me of the C1 K 0001411116 o. 0410111101 { C 11. 1~ la 0 Aw"ma it as CON of Or/lo Twm of tho Ctgf Oooa "..oame ~ 00 ~11" M OaWOM Ilo. Wl I bal. AW we IoM 1t hWWW numbd n WIN$ All tM %"ft" r 41Mr11N P"" It h0l" iwrood fraal IN 'A$ • Afrlalawl Ohtrlet a Ulan M Mid Zal" 111609 V4 all 1:+11106 If Ow"m M. 04 4410W Into INM dq of jm&rys 4-1 1 ~ 1 Y r t I f ( V 1449, is immw. 1011 noreafur apply to said onwty is r14nn44 uVolosawset 01strict actordtnt to, and subject to, Vo klov coe4lt!01 and rttulnwnts, And to the a1At atGNN haYto and vdt a part n4nof for 411 purposes, a04 Delnt "Telly dolembed a all shat certain tat, tract or piral of land attu4ted In %Ae City and j Cawty of 0entas, Tu4s, tn41041 as City LOU 11 and 11 of C1ty 11ac111 ll 26111 City tau 1, 2, 2 and 4 of City halt 217 And City Lot is of City Block 274/4 as short this 44u as the Offftlel Tax Mop of the City ; of DMtPo, Taxao and bein4 the sue orwerty described in Of 4tucmed plat (loafed in the 1100 tint of 0611" Orireh'hich Conditions aM re"Im u art u fellows 1. No bui111mt As, ether strutun shell be CenttructA an or 4"1 uittinl let lid,ee them an the attache) `tat And Po futon 1 r"1e141, n*r be cho' ON the frato tide aM NIP IN rptllrrrnt ttafad In the ialn11 owmmla: Rte term Rat Lino' u 48441 111 this ordinaea sh411 saris tm 4tritlom Hem of of them lot K 04mot of 14" visich eirm"aiM as area vlois tw 41twe1 1161. 01 2. US limas shall be chPo111 Poly by re4dMvidial w stMlattisl,le t!N ft~ orwidd by the 11411411viNPo eg61at1eso, is Article 17.07 M A som"s d to tw Cola of 0rdiaeea. 7, " a troet or OWN) of 1AM 11 nwbdividod N ' rrrbtmeds op Poi all wdlltlesel riou of ww PoI weeede11 is Which oft dew "Pows" +y tm olmalml ud two@ cowlslem SmIl be dedicated `,i tw WSW raw1va4141 or Miami; tw iad tm $an the if the but w pared wo Well aei0laetly owividM. 4, umis lot or um ~ M NN etpMel plot smil !e ilw11M1 M M owu ure all moorlloro of tm W4 ioolabM ais the TIM. "tall ow is mow plated sidle tw alloood 6itAS Ahesea • tee 4t6ae4d Ilwte 4d awe pests Ittt teAll wAOlr all prorewM ii iNrimmil slow, faildi" Nt bas lima fret clef a~ 6s/ ""Inl "imps"a all otilltr0 to"eii 41140 to* arms 14" of % *I aM do iaon Wood, *m Iw "am" M "City of all molded suidit4• Allow w o w V44 MM to um "of ad Y M tb OM*Oaie of tw pales of all strooM at4rltlal no plomgwo Ad NWW tD hail mow, 1%0 tma M ow M ro unlined to "rlwlol ad Wall tewOfA1Po9 ea611 Pitt' Imll be"111ed of ro d 1101 elk tm WWII plat attutlel haw* Wife its aw"al y tw flmaiq am Will Cesm118104. 4-2 i N j' X i 1r1 a `f I i :ACi,WKl '10. 1971 {Contlnuad) tuilding Dervitt .111 only be 111604 far thdta 1n11 shot" an tna Ooullod Plot a building onto Within the lot b4cs lines. I• 'ahM a trlCt ar W"I of land it raf"VIdld or Platted at uscrtbed in tM parNnlla ahem, uey and 111 additfeeal ►+tht1 of ray and 04,00te naufnd or deonad nomlary by the rfonning and toning tartish" 1hall ba dedicatN by the pan" r/fY1Hrldtng Or platting 14", as if the tract or Plreel Won bale/ Originally subdiridN. 1. All provitlaol of 4rdinlna ft. 1941 (Zonln, ordinance) of tM City at Dome" IM11 apply w the of"" Within tM attl0od plat to Papilla the toning Yale 0nMe111401 thorrM, y thlding Or OWMIa, Yid M Other raatrlCtidal " MMle f$WW fop 11Ca IYCA Woo dlariet Ih111 INIy, PAW I1411 MY SUW 00 0411 tMN MMItad by the noaaeNvo MI" Hotrfet be O MIl"d Withfs w Iraaa N dlefgnltod ewe tree 1ttalood 0119, aid tM WI!j Hf> _1e to dNiM1 ~hitl net be dlMgld uelet i1! nrlitiMt N thil ordinrw. A plant" Or nrl/ttlnf of Oq fns 1M11 "I afhet tM vies PaM"M riMie tM nolostfrd,diltrleq /Mall a tM 1etbow. Plat. 7. All tM sueoa, easswes, alto" lAd rights of way inMeatad 40 tM Ottscw 0169 MWa slew PnM►ly 6MatN, d► 1ra na her* dPMpbdo is so City of hawo old the tools are AerNy "MIN by oafd Ctfgr for PYelfa Perm", S. Alt suss lo oMlt M Paved 1s npirad by tM P1Yaeing 40d Wis/ e1lllei" Mae, to end luwa of 11r bvildlev PaMt, aN all Wall t114111 M a" alelrMM to IN sIM1flpNosa M file is as OM4e M heOplly 4ag1~4 and IaNe► Its MnM i,tgoetf" aN aNwf/iM, the Pstin4 W46 Wall t" 4"flinaled ttrast rigors of ly sbbI1 N le ngdnd by tM OiroNn of casum r 4aMlppiW11 ~dN tank tM vowel otasaft Fop sm be fellow $ 9. All sm"als M tea Cilia of 00040 at lava at tM sate of taw 1Aeil be ft"llad %1*0 and all re"Imsae MM Mr4 tM W" W14149 of Prtyarv we Mr* a w"If no W110614 Meta. j to. Ale laildldq Well W W"Moste N "MOM W Will N 11WId 0111 04 W"MM .Iadltlaee law MMa Mna taste aIppI1N 1 N tt. ~ 11, I'M follow" Wall ! 1M wa rastMglw smil only 4-3 4An1NlACt ~a. as-IS rtantiRwd> to all ICU dtllimated for simile fielly restdentirnl use only OR 04 atad"od pile, and laee shell to included to eat reltrictivo OR IUCh 10111, Sites roll any 404M I+rottt4 by the devel004r COMtttamt rItn the InUR1 horeef, and 11th all apoltca►le lap amd Orillm"sI DM04" VA% Ohs fallaAnJ M4lMe110na are dtaeel e1n1m41 Only, and any ;Mater MltrletIN finessed by the dtveloper 1411 pmrelli toovitl A. All late In Me'11nt1e fully' Oeellmot" ame ritAlm the aetaChN olat 0411 N wood for 111"n!14 fwl Mid"1111 purootta only, 40n1tnaw 4w C04"to fewelwone, r1M 11"Ite sarltel Cr CAMM 4114001, end MOMISUaryT Cutau11d1091 for Nn914 holy uto onlyl IMV14N, hevever, 041 *Alt or trifle Jams! wy be dstacna from ae fNtd"Co tut emit net be Closer trim 100 feet to the front lot Itnei 1 1. >re rMid"Val otrvaalre 1Mll w orectN or 114cod am any of tlw lets In iua rlNdomt141 4ree harlljt lase ON 1200 isuare Not of fear 10401111 uttustre of Jams and P4JC M. C. oe lowildiniq shalt be tout" mean! Ma $loljt feet to my Ndn tot tine w nMnr ttwl Sues!-five feet fro! 04 fMa progeny line, nw "oef ON 11. feet b1 Sly &I* /tMM lines d. ft erode, VAIrae or ewre1at eetlrlty Me11 bo caused an or leaew used my lot la 1ua dgttno w tree. ner IMIi anyai" M dens MGM" WOO OW boom M arlr"We of Ae114049 v 104E MoidMM to the Is" arw. @. WON W f*ww "amt 411111 1110411 be made at tlw pMtorty l i ne. f. Me aletw, Wool w ovw /enlp, two U11140 hq or Mts. Mme or Mrowe or toy ether ltvestoeo of any tluslftatlen 114411 evn be test w Wort 01d an my let N lets in $40 one. t. At trtllw or to orrery ItIvehlre Me11 "of be 01"M ww any iN fa ova one v wee at 4 ruldw in No AIM. 11. now OKSWM we t0 ro via sloe 1W ad 111111 !w lineal M MG 4rw 144 amyl! tdlelr iessoewn M tlatrr hNra eeweMre0 odwelstrowl W 6"174 for a Well of two ym fro Samaor to two wilnelMM mtil fes1Ma of Hilt indwlw, at %M• eta No "VeMM shell be vionwee11 "waded hf lowesslre a memo ofW to Iwo duct walla 1t14 Rene to tl iMle a 1411 "M" to W11e w to 1, It any easy It a let w two in said el"l" ttld orw w tit p well of eesltslo~wl !o wul0114 V It violeft i 1 M lesvhl slid enrMata w wo Pee Jlwfpergseoovw Weems a dial reol ~1rMrb1 IN Wd1dollimod aM4 role ai Mrs ar att4gtN r!e14;M N aid oiorMelltea aW~ti NMw Invent f 011 OF tMe flood M 4006 w M False as"" ter wM rlafotleM, 4 aws twig woooll to Woo ofmwf air OVOSI l~Jte~ Mia eM11 rwle to fell fleet W tffts% i ft ow sww de elgw te 00 1W "Willow % 4"4004 Plat, floor ad In e 14wttieo of Me iMMAI by 00 City telwtll of this oenbjl 414a61111444tfa a leis mid Preswb. Mao Mr* tend 4-4 i I i i E E , i V r cAac,t~hct To. t1•.. (SOmtlnuee) Iu41f, fu wcasun, aocuunr adaihirtratan and issllms to fully , cowly WIN 411 of the me" describw tare and condition for the 4se of sale lama is I ml is this eremanee aM11 MM1e In effect, 4M tM 1414 developer and/or M~ umdenumdi Nat Without Nil and cowlou CM3140e0 on his part with the said tens 4M CA"itleft me Y644 peraituo hernia 4M henpy W"Id dtMr4114 04 proalNted umdor of temlmt Ordlm4nCR of tf+. City of 0ate4, and 14 order to sKWre this U04W1 to the 111110t Nod to Mel w2A we Of t44 afensaid land, 1042 hard" covpeeat tMl It Will Nlly aM Caslataly Coasty With the tens I and C"dllleM MMIa MatlOMds that this CSVW441 1A411 MA WIN I I the to444 and shall be Nadi4t uw luelf, its Min, sWSassers, / 4xiatan, 4drinlit"Mrs 4041 udirnt the$ WW beach Of 1114 wvows Nis f14n1d 0ovolOlMeal Vomit aq, at this City Cawdits dllcntleo M aw 41111 04 raid ad therowM sold /reperty shill ones 4Oro b"oo Week to the "lotion 4"11eaw14 is 01 am tv IN this I SAW - A0401 WMI total pi4tr12t wWW w t4rslp of the 9004 Orowoo of ttM City of OaetM vithaid of nett M the Nrt of ` itulte Ito Mine wooseems o+wWwrse adAM2tntan or iutons to ` 46+11100 tM dMISPOat N said Or'sMse ao PIVAN. 1 SLtTt~ it• V tMt w N14 CGw11 N the city of *WIN, taut he" ~ flmdp "St no M aaw 04w1e1mm aittrltt to 14 isserUaa with a N aa)roA4aelvs 110 far w pates N pn"4100 Ns "Not I Welfare of the C1f$ of 0sa1saI "Nil ad via rra4oawle Mslderellials unfit aasr a1"we tw w dsrletar N w load add hr Its maifar WWI if pr Moswilar ow asrl via s Tlds to, coadwMat the Talus N w hw ells wildige II w N4fait 114016114141 of bwo live4 404 Oaooerell w Meet 111rMeri&IN on 011"d far the Ma1us taftfit to w 411q N o4nra uN its, ditiSM, • 1 vem this W040a Me11 M Is fall two sad affepi ad op sailepll ley afMr IN No M1d im piwm" v~idlW" 04116 C"h a w /MM CpuM11 N the tiff of Dome run# Neer fitirq the Mess PAM M APPI M0 the w !!r4 f.1 N 100 tsMSrt 1, Q.• IMMI. CITM~01 0al'~t Tf>W Amos i sp~ 14116F GM sowpm CiN w Mll4 Tae ww a Ali to IM FM 4-5 I I i >z . • ATTACHMENT 5 s 1973 SITE PLAN Ow a f f ` w CL / ' fiAL 4 1 0 /o CL VT eo, I i~ ~i 1 ~ i ~ ~ ~ I CCC .00 it t LLJ -LU I I I rl . r 1.'/ / ~ f ~ rr w~w.r ..;•..w .w.w ._..r ~fil1 f ••o / ; / 4 r J SAOS ®~e Ad II d r . I tti ""S, w. - T= ATTACHMENT 6 p I Previously Submitted it Detail Plan w 1! ■ ■ of I I~ 111JTTTITTTTT IIII II M .o k.... r I~~ ~ I 1 ll ~ I ilk II fil P ~ ~ ■ ~ ~ ~ ! ~ III 1 f 1 la c ~ ~I - 1 4 5 1 ' I ~ ATTACHMENT 7 MINUTES Planning and Zoning Commission may 10, 1989 The regular meeting of the Planning and Zoning Commission of the City cf Canton, Texas was held on Wednesday, May 10, 1989 at 5:00 p.m, in the Council Chamber of the Municipal Building. Present: Euline Brock, Jim Engelbrecht, Ivan Glasscock, Judd Holt, William Kamman, and Etha Kiker j Absent: Fran Morgan Present from Staff: Frank Robbins, Executive Director for Planning and Development, Elizabeth Evans, Planning Administrator; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorney; Jerry Clark, City Engineer; Lee Allison, Senior Civil Engineer; Renee Baker, Civil Engineer; Owen Yost,' Urban Planner; and Olivia Carson, Clerk-Typist Chairman Brock called the meeting to order. 1. PUBLIC HEARINGS A. j_88-016. Hold a public hearing and consider the petition of Pep Boys of California, Inc. requesting approval of a detailed plan in an existing Planned 0-35E Development Sam sJ Jacinto Plaza Shopping Center s adjacent to Wolfe's Nursery. 15 property owners were notified within 200 feet; one reply form was received in favor, four in opposition, and six letters were received in opposition from persons not on the mailing list. STAFF REPORT: Ms. Carson stated that the Pep Boys request is in a portion of PD-6 which was originally zoned in 1969. Amendments through the years have included the Golden Triangle Mall. The Planning and j Zoning Commission recommended denirl of a detail plan for Pep Boys in October of 1989. The request was later withdrawn from the City Council agenda. The current proposal contains a number of significant changes. positioning of the Pep Boys building has been relocated to front I-35. The area in back will be grass with an eight foot concrete wall. Parking will be on the south side of the building with service road frontage, The plan conforms to City of Denton requirements. Internal circulation Is improved over the current circulation around Wolfe's Nursery. More trees are being provided than are required by the Landscaping Ordinance. Signs will be required to conform to the new sign ordinance. 7-1 i 4 t l kF, The front area of the building is screened frcm I-35 by a retaining wall, Staff has some concerns because of the residential units backing up to Pei) Boys which are in a lo,o intensity area. PETITIONEa, Al Meloro, Director of site development for Pep Boys, stated that the people originally handling the case are no longer with Pep Boys. Pep Boys has met the items required by the-City and has met with the neighbors and addressed their concerns. The back yard of Pep Boys is screened from the residents by trees. Pep Boy3 I realizes that the neighbors are concerned that their A homes wi11 lose value by being next to a commercial business and wants the two parties to live together and minimize problems. Pep Boys has met with the homeowners and talked about lighting, noise, traffic, etc. Noise will be towards the highway, internal traffic will be safe, trash dumpsters will be in front, and landscaping will be across the rear and in front. Pep Boys will maintain the landscaping. All of the City's concerns have been addressed. Pep Boys will be a good neighbor and Denton needs the business. Pep Boys is a leader in the automotive industry in Dallas. We are proud of our service. Our employees are well trained and our buildings ara kept nice. Ms, Brock asked what Pop Boys does. b i Mr. Meloro said that Pep Boys has been in business since 1921. They have 230 stores coast to coast which sell retail items related to the automotive industry. Service centers have 10 bays which are used to install the items + sold by Pop Boys and to do light angina repair. Auto body work, engine and transmission removal, disassembly of parts is not done, Any parts removed from automobiles will be kept inside the store. Each store employs up to 30 people with 12-15 employees at the store at any one time. There will not be an unsightly parking lot with used vehicles, Sunday hours are 9-E. Mr. Holt asked if any work will be done outside the building. j Mr. Meloro said no, maybe a jump start. Insurance does not cover work outside the building, Pep boys wants to do this project right. There will be landscaping and retaining waits. It will be an asset to the community and create jobs. They are good high paying jobs, Pep Boys has the backing of civic groups throughout the USA. Ms. Brock asked if Pep Boys installs mufflers. Mr. Meloro said yes,. 7-2 1 { a i Ms, Brock asked what would happen if she went to Pep Boys and said her car was making a noise. Mr, Meloro said that they would look at the car and male a recommendation. Ms. Brock asked what would be done if the problem was the engine. Mr. Meloro said that if it was light duty work, they would work on it but they do not remove engines from j automobiles. Ms. Brock asked what the difference is between installers and technicians. Mr, Meloro said that technicians are mechanics. Installers ^-it in batteries and tires. The wordh mechanics is no longer used. Technicians are certified.. Pep Boys offers many benefits and our service people arse trained and are proud to work for us. Our business is needed. we give trained personal service. Mr. Glasscock asked how many employees would be at the E store. I Mr. Meloro answered that there are two shifts and 12-15 employees would be on duty at a given time. Mr. Holt asked what is done with old tires and batteries. Mr. Meloro said that they are kept inside. There are about 800 customers a day. That may sound high but fast food generates 1300-1800 customers per day. Me. Brock asked about signs for Pep Boys. Mr. Meloro showed the Commission a picture of a Pep Boys sign. she has Me. Brock said actually Seem was visible from miles, Boys shad e big signs h i and flags. Mr. Meloro said that the flags are done for grand openings. Permits are requested from the City. pylon sign will be within City standards. Ms. Brock asked if the three men will placed on site. Mr. Meloro said yes if the City will allow them. Mr. Holt asked what kind of trees will be planted. 7-3 ,i s 1 I Mr. Meloro answered oaks and evergreens will be planted to meet City requirements. Ms. Brock asked if the project had been discussed with Wolfs's Nursery. Mr. Meloro said no. Mg, Brock said that the manager blemo and sthedfact co ethat , problem concern about the parking Wolfe's has to Pump in their water. i Mr. Meloro said that PeP Boys will have 12 parking spaces. ' Mr, Glasscock asked if the proposal is similar to the I one on Park Lane in Dallas. Mr, Meloro said yes. P y ; George Weatherall, Henry S. Miller Co., stated owner. The thaIN t Ag is here on behalf of the property i Henry S. Miller Co. has been in the process since the not original submittal in Occobar of 1988. They h with the homeowners to work :ut their objections and have solved them. The building is smaller and the bays face the I-35. There will be an eight foot masonry iwall ns for anted xceed screening and trees will be pan There will be he requirements of the landscape plt no access in the back of the building. The dumpster will be in the front. We have been c Psider to It will homeownersy concerns in planning It meets the qJ i r e is for zonisengl. f-sufficient. be erected by San zo The property is potentially zoned for fast food which would generate much more traffic. We own adjacent property and we are doing everything to generatettraffic to this area. The new mall in Lewisville may hurenton and this national retailer is a good investment, We have gone to the expense and time to be good neighbors and w request approval of this detailed plan. DOM Warn, f TownshipeIt area. dHe h said that he has Onot at endediother PApr Boye hPeople, but correspondence. °a meetings but has does not knowbethe informed commercial property and it seems that the people have co the homeowners's concerns and to tried to satisfy He said that he is not for or against accommodate them. the project but he has always known that theiillan bAwan commercial and Pep Boys has tried hard. They asset to the community. Mr. Holt asked which came first, Township 11 or the mall. 7-4 I i 3 d Y Mr, dgrren answered that -owrshio II was in piaca si years before the mall was built, but signs were costed edv'sing that the property wculd be develcoed as ye^3.91 retail. David Dunning, Henry S, Miller Co., stated that t"ey hj,e owned the land for 15 years. The mall started s1cw. Township II was slow developing. The developers had Sore 1 broke. It was purchased by his company. Target was the first to be developed, then the office building 3rd then Mervyns, which has not been very successful. There and have been complaints about that, Wolfe's was developed next. Henry S. Miller has stuck out the problems, paid taxes and done the best they could. They have :oopera:ed with the neighbors on the street closing, The site is { question was purchased based on the zoning and tapes have been paid. They have cooperated with the City. This site will have more landscaping than others around the mall, There is not a great traffic problem 'n this area and fast food would generate much more traffi:. They could have tried to develop a multi-story building which would probably would not be desirable to the homeowners. Restaurants are also open longer hours. Denton is going 1 to need retail tenants because of the Lewisville mail which will hurt Denton. Denton will be in competition with that mall, pep Boys is a good use for the site and the price has been lowered to help offset the cost to Pep Boys, Henry S. Miller is the biggest investment around the mall and we want Denton to stay strong. This plan is an improvement. Jim Makins, stated that he is a broker for Henry S. Miller and is in favor of.the proposal, No other retailer would have spent as much time and money as Pep Boys to help blend with the local homeowners. This has been an outstanding effort. OPPOSED: Royce Weddle, 1512 San Gabriel, stated that is home is behind and to the left of the site. He is president of the home owners association and a resident } of the neighborhood. The homeowners left their jobs early to come to the meeting and participate. They have met with Pep Boys and are impressed with the changes. f They applaud the efforts but still do not want a garage in their neighborhood and backyards. They do not object to a business, just this kind, and are r^t sure about how E much noise there would be. If there is too much, it will be too late by the time they find out. There will be a lot of cars, 1200 trips a day is high when Wolfe's dces such good business. Everyone has to exit out the frontage road, There are about 20 auto businesses within a mile. The area is-zoned retail/office and Pep Boys 1s neither, This type of use would not be allowed in other 7.4 { T-W a k i, cities and they are concerned about Dallas Drive accidents. Hal WiIIiamson, 1212 Rio Grande, said that he is vice- ores dent of tho homeowners' association. They aee requesting denial on the basis of the traffic increase on the service road. He said that he is sneaking not only for Township It but as a Denton resident. There are lots of accidents on Dallas Drive, The City's hands are tied until the State makes I-35 six lanes. 'here have been 28 accidents from January 1, 1989 to date on Dallas Drive. Thirteen were injury accidents but no r~ deaths occurred. Most of these accidents were at the frontage road entrance. Traffic from Loop 288 and the mall must stop on the frontage road at Dallas Drive. They have the choice of going right, crossing the street, or turning left. That is the basis of this complaint. He stated that he loss not see a temporary solution and citizens don't want to see 600 more cars crossing the street at that location. The Commission examined copies of the accident reports, Mary O'Sullivan, 2205 Guadalupe Place, stated that sh,3 is the owner of the airport shuttle and a member of the Chamber of Commerce. She said that the original plat for the Golden Triangle Mall was not for a major regional mall. It was for a shopping center. She added that she was president of the homeowner's association for four years and has worked with Henry S. Miller, Mr. Holt asked if the houses were built before the mall. Ms. O'Sullivan said that 75-80 houses were built before the mall. The ones in back of Pep Boys were some of those that had already been built. A man in the audience said that the houses were built in 1979 by Jo Store. A. L. Beavers, 1816 San Gabriel, pointed out that the developers first said that the trees they are going to plant would be evergreen, then they said oaks. They have not agreed. The left turn lane in front of Wolfe's does not allow more than 7 or 8 cars. After that, the cars begin backing up along Dallas Drive, Harold Harkins, 1405 Sandy CreeP, questioned whether Henry S. Miller could have owned property in Township it for 15 years. He said that he purchased his property from someone else. He asked who will look after the landscaped areas at the Pep Boys site. The City had claimed responsibility for it earlier. 7-6 i i y t Mr. WeatheralI said that the City owns an easement at the rear of the property. Mr. warkins explained that fences would have tz~ be removed and the area could become mosquito infested. Billie Harkins, 1405 Sandy Creek, slid that she die rot buy her property from Henry S. Miller. It was purchased from a man in Dallas. She said that she moved to Denton instead of Kerrville and does not know why since she has to fight. She said that before she purchased the property she parked her car to listen to the noise in the area. She could hear the freeway once in a while but now there are dumpsters at Mervyns and other noises from the mall. The proposed wall behind Pep Boys will block the breeze to the adjacent properties and will devalue the properties by 10 percent. She said that she objects to the plan. Craig Curry stated that they had purchased vacant land and some surplus lots. They mainly own commercial land i and are not in the residential business, They were required to buy the extra land with their deal and they later sold it to a residential builder. Mr. Curry said until this evening they had thought they owned commercial land. i Ms. Harkins said that when they bought their land they though tie site in question was zoned retail. Ms. Carson said that the site is zoned P0-6. This PO was approved for land uses including residential multi- family, cluster, and retail/office land uses, Some of these uses are not in the ordinance but the PO allows flexible use. As each parcel develops, a detailed plan is required. In 1986, the PO ordinance was passed requiring detailed plane that include ingress, egress, ate. Land use is examined at that time. Michael's was approved a year ago. Pep Boys fools that they fall in retail/office use. There is an easement with a waterline on the property. The City wi11 not maintain the easement or trees. The developer is responsible. The trees will not interfere the with the water line. City requirements for signs must be met. The trees indicated on the plan are Shumar Oak which is not an evergreen. If the want Commission staffo recommends decide approval require vevsergLhe een arequest, with the following condition: i The lighting in the parking lot she%1l be limited to a maximum mounting height of 25', ue4 maximum 100 watt high j sodium lights, shall be Type 21 39 or 4 cutoff street light, and lights shall be directed away from the abutting residential properties, 7-7 { / 1 I ; t Ms. Kiker asked about traffic control. Ms. arson reel ied that the only curb :ut <n front of the store would be eliminated, so there will be less traffic into the shopping center. Ms. Carson showed the Commission a portion of the schedule of uses concerning automotive industries fron the Denton Zoning Ordinance, She said that any of these uses :ould be allowed 1n the PD. Mr. Clark stated that the road in front of Wolfe's and Pep Boys is private. The service road is a public street. The City has asked that the entrance be moved back to keep the intersection of the private road and the service road away from the intersection of the service road at Dallas Drive. Ms. Kiker said that there has been a high incidence of accidents on Dallas Drive. She asked what will be changed. I Mr. Clark said that the City has been workirg with the State. The State will be adding a median and they are going to fill in a portion of a lane on Dallas Drivr ,pith jiggle bars. It is not a oermanent solution but it will help to have only one lace coming off of 1-35. Helga Williamson, 1212 Rio Grand, stated that she was N involved in an accident that totaled her 1962 Thunderbird. She is here by the grace of God. Mr. Clark said that the problem is being worked on, There have been 28 accidents, three in the last 18-18 months. The State has the ultimate plans for improvements which will eventually occur regardless of who builds in the area. Me. Brock agreed that one lane of traffic will help. People don't reduce their speed coming on to Da 11as Drive tnd the people that are crossing the road don't stop or realize how fast the traffic is moving, She asked about parking on the private road. Mr. Clark said that staff recommends a no parking sign and center stripe, plus 2-way traffic signs to make it clear that no parking is allowed, The retail center cannot be held responsible for the needs of adjacent. businesses. He said that the City did a traffic count and the highest count at noon was 350 vehicles, There would probably be 800 at peak hour. Mr. Meloro said that Pep Boys has about 800 customers 7-8 I { 1 a 4 7 , i per day, which would be a total of 1200 in and out trips, Mr. Engelbrecht asked if there are plans to make the service road a two-way street. Mr. Clark said no, but it will be safer once it is no longer a crossing. The trend is to make service roads one-way and not two. Mervyns tried to have the road designated two-way and failed. Two-way traffic would aggravate the problem and require a signal for which it would be impossible to stop. Mr. Engelbrecht asked what kind Of vegetation will be planted. i Ms. Carson said that the landscape plan shows Shumar Oak and Bermuda (crass. Mr. Engelbrecht said that evergreens would mask the building all year long. Ms. Carson said that there has been some discussion about that. Mr. Engelbrecht asked if the sign could be over 10 feet in height. Ms. Carson said yes but it would have to be non- illuminated. Staff recommends that Pep Boys conform to City ordinances or ask the Commission for special permission for a sign. A sign such as the current San Jacinto sign would be allowed. One Ilk* Wolfe's would not. They can put up a wall or projecting signs on the building but no illumination will be allowed. A free standing ground sign could be ? In height measured from the service road. Me. Brock asked if the Commission can attach a condition to the plan about the sign that is non-conforming to the sign ordinance, Ms. Carson answered yes. f Mi. Holt asked about drainage. Ms. Carson said that it is divertcd towards Mervyns and the access area. There are culverts around Mervyns. i Ms. Harkins said that the drainage does affect the neighborhood. It floods on Angelina Bend. Mr, Clark said that drainage was done as a part of Mervyns. If there are problems the City can do research, Ditches ma; need maintenance. The drainage is designtu i 7-9 or "M97 as part of the San Jacinto project. They went through platting and the review process. The proposed project would not be a significant addition to flooding and reasons for flooding can be investigated. Mr. Engelbrecht asked about the intensity of the area. Ms. Carson said the average is 350 trips per gross acre. The site is not quite two acres. Mr. Engelbrecht asked' if a masonry wall means a concrete block wall. f Ms. Carson said that a pre-cast concrete wall has bean indicated. A fencing permit will be required to insure conformance to the detail plan. The wall will abut existing fences or they can be removed. REBUTTAL: Mr. Weatherall stated that Pep Boys conforms i to uses allowed in straight zoning except for muffler, repair. Pep Boys is willing to eliminate that service. He said that he is unsure about Shumar Oaks but the intent is to provide an evergreen screen or whatever would be the best screening. Pep Boys will comply with the sign ordinance and is wilting to cooperate. Their history shows that they try to cooperate. j Mr. Meloro said that they care and would not go through i this trouble if they didn't. People don't like changes. They haven't had anything on that site but it is zoned for Pep Boys and sometimes change is necessary. It will boost employment and is recession proof. When times are bad people keep old vehicles and care for them. In good times, they take care of their new autos. There are traffic improvements occurring in the area. If mufflers are a problem, they will not install them. A drainage review is required by the City and they will work on the no parking signs. He added that they are willing to go the extra mile and will benefit the City Mr. Engelbrecht asked if they would be willing to make th• masonry wall with material besides concrete. Mr. Meloro said that it is articulated concrete with a j design. Mr. Engelbrecht asked if they were willing to live with a sign consistent to the current San Jacinto sign. Mr. Meloro said that a sign is important to a retailer as an identifier and entrance marker. A sign must be legible. If traffic goes 50 mph, it must be comprehendible and safe so people won't stare. If the sign is to low or too small it is a safety hazard. 7-10 `f f ` People tend to stare until they comprehend. Even if they are familiar with a sign, people look at the anyway. He said that they would work with the City. They to meet requirements but must have a readable sign. Mr. Curry stated that the property for Wolfe's Nursery 1 was purchased from them. They have an agreement about the access and it cannot be closed. He said that they have not had this many problems with other development around the mall. There are a lot of higher traffic uses that could be pout on the site and they have tried to be cooperative. Chair declared public hearing closed. DISCUSSION ANO OECISI~: Ms. Brock stated that Pep Boys will have some of the advantages of Blockbuster Video in that the signs on the side of their buildings can be seen from miles away and are easily identifiable. A large pylon sign will not be necessary. i Mr. Engelbrecht said that a 40 foot sign detracts from I ~ the purpose of putting landscaping and would deteriorate from the appearance of San Jacinto Plaza. Mr. Holt said that this development is different from ti Target because people are living close by. The situation exists where there is residential zoning on one side and problem. Anyone ' both are commercial legal, Any such other. is cannot knew or should have known that the area was going to be commercial. He said that he knew for years. Some who beknown commercial anytIme you bought have h a r major before highway there not will hays I along it. A restaurant is possible at this site and that would also present a problem. It could also be a bowling alley or theater. Anything that will generate traffic is going to be a problem. If Pop Boys does not go in, it could be-somoth1mg worse. Mr . Holt personally would have changed the whole aread to h lower made utchit has anges. been Inherited efirst tproposal was th* gays Intensity unacceptable. whom he said garage. RAyrestaur rant hit hA would be uce the worse garagebu Pop h Boys s has i triedetoifindlway s to eredit is a noise. All would agree that they don't want something in there but something will go in and this is designed as well as possible, Tiers is also a real point about the Lowisvill* t malls but businesses. He said coming he and d odetracting f a fan of r n is not a fan of malls with vacancies either. These people purchased the property knowing that they could put something there and something will go in. He said that 7-11 1 1 I l yy5 K f Y I1 r Y ' S with reluctance he moves to recommend approval with the I stipulation or recommendation that the trees be evergreen. M Ms. Brock asked whether he also meant to include the staff recommendations about lighting and screening. Mr. Holt said yes. Ms, Kiker seconded the motion. Ms. li Brock said that she wants to add a condition about eliminating parking and adding a center stripe along the private road but is not sure it is necessary. They could work with staff to make the road a workable two-way street. Mr. Robbins said that he would prefer thr,t she ad a condition. , Ms. Carson said that there be marked evidence s seh andt i ticketi is afire lane. issued for parking. Ms. Brock moved to amend the motion with the condition that the private access road be designated ar a Hfire land Mr. to eliminate parking. Seconded by unanimously carried (8-0). Bullitt Lowry, 1500 Angelina Bend, asked if the twenty percent rule applies. that, applies City Council Ms. Carson stated and that not enough notices have been received. actions Mr. Engelbrecht moved to amend the motion with the condition that a detached sign be non-illuminated and no higher or greater in squa'eefootage than the San Jacinto Plaza sign. Seconded by Mr, Hatt said that the proposed amendment is stiffer than requirersents. A large sign could not be illuminated and ones that are under 10 feet can be. If it is under 10 feet it needs to be and that would be acceptable anywhere f i else in town. E Motion failed due to a tie vote. Ms. Kiker, Mr. Kamman, and Mr, Holt voted no. Mr, Engelbrecht moved to amend the motion with the condition that the detached sign be no higher than the ordinance requirements be met and Secondedlby Ms. Brock, 7•-12 r I P p R I Ms. Carson said that the current San Jacinto Plaza sign is 15 feet high with 150 square feet. Mr. Engelbrocht said that the sign should be in `seping with San ,'acinto as opposed to a 40 foot non-illuminated sign, i Mr. Meloro said that they do not want a 40 foot sign. Motion carried unanimously (6-0). Mr, hamman agreed that the big problem is that the proposed use is a garage which inspires visions of tires, batteries, and noise. Pep Boys has tried to solve these fL problems. He said that he would prefer that the business closed at six p.m. Ms. Brock said that it is open until nine. Mr, Glasscock said that he has been to a few Pep Boys centers and it appears that they run a first claea operation. Motion was called and carried unanimously (6-0), I h I 7-13 s R t l r - ATTACHMENT 8 y NOISE STUDY cn.be at mb #v x nti m 1I/h/n1yy,/YM 1^ F1 1/ve"s"t Mlgei~H ~j <7 lramry I2, IfII a Mr. Sum mead y N ,pn►ea11, G khriK p 1445 toll Avenue w Suitt 3200 MIW. Tells Blot. 2111 2 Ir. AD Dole Silo, Dento4 Tim Dear Sue4 ~ N Ar ryueKed IN our pbom oonvertrtion of fRouery 10, 1989,1 have n n°t mvkred the I'll" for the 14p Doyl prefect (dated 9.30-e9) , and the draft ; 1rd neUeoiw Kudkr rubmi ed by Clairir.flae (da%d ltl•19•/S lad „ j 10-11-111 Rued on m1 ead"Itowint of im dw p1R4>M svrroundft f madMkm Including W ekreted I-)3, ,ad %be note level, from rk(d left LION fo110vin obwrvetbne are prewated Ind ANY be lteipful repudinl aotw I WON 06 LION Wile W reddetraa { I NAll9~NYrtlap tYtJai(Ylr it would wem that m "IV Ibis 1W v Wd be b _ reduce the RmbWl ROW Nvek RL the bm* property line by 3 to 10 dedb ll fer 1111tim WtbvRy tale tArop" the 9"Itloe or the atdw Wild Red 1M tray v+wai +hlurdatLOrai atiaiu law fid" nkeiw btlov edod 1° b'ftaewe 10 4 _ J daiq ibe now odw 0maditbm wnw be m raw tie the prrted emdw m y i Lid 0%bt 10 fad k somNV1N Improved al i ~ a j gdlt3at[>att rlrn ere Iwo lm os of nniNN b aoMead ritf~ lbN NmhMst Now low" low remRie Lice traffb oe 1.33, rbe lowah" pal so w wurow 'IQ be W Iew•Mrib1 ltvdi a tM elevated highway. Red the Am I"Ibys Nate wvleir4 told from Wide tie ttiop Vasa mad LIOroulh tbd ape dow Is 1 wuwu„My dilrtimt, it 4 pr06N►k Liu W fmpNOl ai Lid pH 60yI elbp Wo Will Its Im" tawow►k vbe tie hdttbvq Is bets NOW CAI ambled a" N i brewed sod amtvwmly IM d" wive wil we ON matt tttttitteeble vle the ~ w►+'111 Vok Is YIIOtw sad the Iabbat at ba Wo"d coke II Ibre b"K who" It mlddey dwhM tb Wasik w a wtwdq, the Ndud dk" btab t fv I.Ww ax" $48821 troy ha me "md,but MIY W p9 wwsd qww ri u N i i 8-1 I 1 . X -1 Noise y m fStitg10 -Mly at The recommendetioarof the 4mley-Horn Rudy MC Seem to emphulae the buic steps needed to try to dimiaitb the Salto Impact on IN residential properties Hovevee then are several other meaures or unrest of mitigatioe which might he oontidered. m j l.RPSRW Use hitdins- The ftrst I Mestion u probably not NOON at this point ro in the proton but , vould be the most effective in redadmg the source moire, if il the doers to the abogs faced Ihe MMIM road mod 1.33, the shop toots and equipment w%,Id mH harmlessly tam awayfro■ the tsddnon. 1 2-DvvDtdLhrNo[KJLlLMJQWML AaumNg that the orlnution remalae the = t, Mme the best way to dlmktlah the shop raise would be to tasull moles abtrxpUve wt11 Lid ntlial pals smad sited equipsott such as the compfesfor, and provide sound absorpttva muvoehte sveem to be used In Lien vbtre laud rods we being and. It ls also suggested that MM dempealol A ur panels be plead lathe ceiling ma mole Intensive area to prrvnt Q c rembef RUN between floor sad *Line imlde the shop area. 0 U 3_IbtAWL] lit The Wood Important moesidofMUM would be to Inaeae r"1 the Mot d the T odds m noise wall from 6 feet to 1 feet, and to ertead Its 1MLk akag the property Ile it the teed Of Mervym's. The Add" Might to the woU vouW serve b furtbr reduce the sbop neiu trammitted sad vould also mss Is diaiafabbag the ambient Lind peek hlgkway odes. The added !each of the will alas the bark or the perking specs at the mtheaet property Hie woutd help don a ailleel Was gap babied lltarvys's wk4 would YTect rMd I to the sect of the tits. The attsabod sketckse Indict the street of a higher vell la LLUIom end theloager vall is plan. 4- OW UMMOOM sire The9eak Ladw atNnb ears also be tm"4=" Q Ik nperatlaa manyaawmt u taggetde0 Lathe Valley -None {j study by npFkag tbat shop damn be dosed u approprlate Lima or the dig fd advert lbr ssamtk a week day LvsmNtp afw 7pm, deoe vaknds + durlmg hone vh m @64 Ito" M be In th* yaads, *Wag "dons bah Ow work ts b de f :lone and DM being doe vA rectos tool at equipment Lotted Imvela It may arse be helphl d all Una to kep me sally dose closed k from the but d the Mte to the fmM of the Uq to keep Ike sours Bales a for avey Net the neWean I as poodbie. This Impact always W&V bays KvUns wick fiat cad varkhtg lovrda No l i 0 N LftW lAgki The 1tdM desp alfig eRed d trans Is el"" dgfkuR to + goft y, IJe/an4 me the type d vie, poaferably fig drantly ad Mated ysarlmik u 90 ee the spadog wkkh sMuld M rltbont lips, am Actual 4 u tv+ALka of I to 3 dltA it may IN aralon"61 . 1 he ",op" ■ the we for o t t u 8_2 i I r I ~ s I H r closely spaad eterfnea would probably hetp priserily rith the Woctlae of M 0 sablent bitihtvey, "se as wlt as providing as ImMisiat pryololo{irW sreea w by visually Isolating bolt ttioUri l end aev miss sources rr; It Is hoped that some or thew obsemAtioae may be useful to yotl• your diems L " ro sod the Auttiry "deau la the w4oiq dislaue. tom emu see bawd oo so e»artseq of elperladm w on ertititeea sod piaaor on a varlety of hLghway, VANN anad alrpaA Odw etadles and desllm. Plwa let w Yaps it 1 ao be at i. further aseisuaae. I to uy, ctxw R Moab i U AreAiua and >slaaaar k ~ 4 I v t i 8-3 1 J v 4 r~ a ' t i p vom NOISE ~'T1~DY • X1 1 .4LT ~L " A'-0" Hol (CNC• FENCE Y. A' rm f I. N. I.L' C,~ +om f•wrt, ~I r' _ .a~ SDI AN SFOAMER~ I { ~R PAD ASIAN ! V JASMI II £jI I ~ I 1EO IT NDSOAPIgp zz" EN iyD'1 la p 01 I f~ 0.0SURE~pA ENO ACES ` o t~-to• E o•t -a'-o• -o• - 1 16 HANOICAp RAMP / t4 I I N A I I ASIAN / J f I I e N/ sum MAIM f Mud, MAWMW Oft. I N 1 8-4 i M ' . 1 A YS o 4ls s - Q~T Z X f , X269 ►•j0_~y`~'~G~•~I'fCG~ i~L~IJIJCF`+ s m mom fts" I~ V-o' Nica♦ CONC. FENCE YNL ,r. ~.1 T jS~S5001 - ' IAANSFORMEUI 1! / ~ m • d( PAD ASIAN ( N to JASMINE Ir• IRIRIC4 ^ v h NA PS L' LAND 1 O In ENCLOSURE PARKING°*Acts I - TYPICAL -----a~•, iTi 1 ~ _ + Ma~•~ ooARnra~ + ` RAMP r----Cmr- wAUt,..._t+ SltXf I . ~9JfNE 1 / I I I e, I I F 8~5 , 1 A Y 1 a r I 1rr f 11 I C 1 0. I • xrmley-Horn and Associates, Inc. 12660 Coit Rood, Suite 200, 04ilaa. TOM 76211 ~ WA) 341E-7007 w.. 0114,9R CTArloft NSOV-ia VIMM4 S"CA WS001 M. CM4~. CAp.n,ti Wau Prim 6"0A. r.moicw*44At.uC.r --Oro 1@60%F uywiLlaAft TECHNICAL MEMORANDUM To: George Weatherall i i From: K!tWsy-Horn and Associates, Inc. - Dallas, Texas i , Subject: Noise Study - Pep Boys Site in Denton, Texas Date: October 19, 1988 j Pursuant to your request, Kirnley-Horn and Associates, Inc. conducted a limited 0060 study roll&$ to the proposed Pep Boys d,;velopment site In Denton, Texas. The site fronts along Llterstate 35E and Is located between the Mervyn's departmeat store west of the Golden Triangle malt s nd the Wolfe Nursery, The purpose of this study was to determine the likely noise impacts at the proposed Pep i Boys site and the appropriateness of a sound barrier wall with adjacent trees st mitigadrtg theee Impacts. I j Ica conduetiag this study, selected noise level readings were taken a4 three locadoos duriall the afternoon tad early evening hours of a weekday. Theca three locations were the pro used Duntoa Pep Boys site and existing Pep Boys locations in Plano and Garland. The principal UCLA generators were Identified, and noise levels, both peak and ambient, were reearded. The points when the actual readings were taken were chosen to approximate the location of the proposed sound barrier wall adjacent to the residential tracts east of the site. The following table euramariass the noise levels that wars found at each sim. I Noise Level Summary I Denton (proposed) Ambient l7dB Peak Will Garland (existing) Ambient 6348 Feak 78dB ~I Plano (existing) f,mbleat ?3411 Peak I 1 I A 8ufldlnq cfienllNerlortahrpa slrtce Jgi1 1 8-7 1 r I + Q An. , At the proposed Denton site, noise levels were dominated by the freeway located directly to the west. Peaks occurred when large trucks had to negotiate the significant grade at that point on 1-35E. The I existing Garland site is also adjacent to a freeway. Interstate 635 in Garland is much 1 usier than I- 35E at the proposed location, and it drives up the ambient noise leveb. Peaks at the Garland location occurred during the operation of shop equipment. The existing Plano location Is not I rated Tsar a freeway and consequently its ambient noise level was lower than the Garland site. Pea r noise Ievels In Piano also occurred during the operation of the shop equipment. Figure I illustrates the mechanics of sound emissions and the effect of noise barriers. It also shows how the difference in elevation between a predominate noise sowce and the noise recei ter can :elate to the effectiveness of a noise barrier. The placement and design of noise barriers a ust take into account both the behavior of the generated sound and the source that the barrier will actually help ` In attenuating. While the actual amount of noise that can be expected to be mitigated is highly I p dependent on the precise location, a USDOT-FHWA manual, "Fundamentals and A.batement of Highway Traffic Noise", shows that drops of up to 100 n be achieved by a properly installed and designed noise barrier wall. No specific r ng re a e for trees, but 11 can be assumed that white ' I they would have a dampening effect, It would be somewhat Isis than the proposed wall due to specific effects of wind, temperature, and ground reflection. I'~ E Several specific measures are recommended to aid In mitigating the noise Impacts from the proposed 1 site. The proposed sound barrier wall and trees along the cut property line should his effective at reduclag the noise to a more acceptable level for the residential tracts directly east of tie site, When combined with the sound dampening of some shop equipment. The residential area south ct the i previously mentioned tracts is a greater distance from the noise generators, and therefore should require less extensive mitigation measures. The current plan to plant trees In the Islands an this out side of the parking lot should Improve the noise levels to a degree for the area not direr 8 protected i by the wall. The completion of the expansion of the Mervyn's department store it 4,t future dat± should serve to attenuate noise directed out of the shop bays toward the residential tracks to the southeut to a degree. It should be noted that the height and type of tree to be used at each location is dependent on the topography and degree of noise attenuation required at each loan ion. I i i ~ I 971lOO.rrle 92x4.00 r•~ait 8-8 T-W A fit' y 1 !I i ` Y I ` 6^ 1 ! Angles A ti SOUND SOURCL DIFRRC;1'Cp RsC.LD Mgm To SCALA. 1 11 EFFECT OF NOISE BARRIERS f ~ • i ' 4.4 Wer TO ,~IAOM~ 1 m a Al . st % 1 EFFECT OF FREEWAY ELEVATION ON NOISE PArmNS ' 1 ~ FiQUI~I~ 1 ~ 8-9 1 9 i y I NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF A PLANNED DEVELOPMENT DISTRICT DETAILED PLAN FOR 1.727 ACRES OF LAND LOCATED ON THE I-35 SERVICE ROAD, ADJACENT TO WOLFE NURSERY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pep Boys of California, Inc, has applied for the approval of a planned development district detailed plan for 1.727 acres located at on the I-35 service road, adjacent to Wolfe Nursery, to be used as an automobile service center and for auto parts sales; and, WHEREAS, on May 10, 1989, after a public hearing, the Planning and zoning commission recommended approval of the detailed plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That for the land described in Exhibit I attached hereto and incorporated herein by reference, there is approved a planned development district detailed plan, attached hereto as Exhibit "B" and incorporated herein by reference, so that hereafter the land herein described shall be developed, used, and maintained in accordance with the detailed plan herein approved. I SECTION II. That any person violating any provixi.on 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. SECTION IIi. That this ordinance shall Lecome effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. RAY STEPHENJ, MAYOR F ATTEST; JENNIFER WALTERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: N'W"% 1 l1 f 1 1 f EXHIBIT A h LEGAL DESCRIPTION Lot 4A, Block A Township II, Phase 2 h Recorded in Volume 2505, Page 859 00 I } I - { J 1 I I J I i r, k EXHIBIT B DETAIL PLAN FOR PEP BOYS, CONSISTING OF: 1. Detail Plan 11 page); and 2. Development Standards (4 pages)s t i i F k i r r A' Y Y 1 lJ1 1 w'.s 1 ME 10 BALI AND WAD If KCH A*ltAt1 ! -tow_ ro" O vr,rrsti 3161r IM I ojkvc WALL OR mot T1 15% DIE %es-r + ► I h' " kDVD I V) No? " "cum IV AIO OM"D AWAY I O 1 b w -e sr. 4 auD I!I Alit < ro Y0M3 ODARpf t10R F4 Aat K*" NAB (0 O V H F ~ fdi 1~0. IrJ Ll~/ bx i 11-11 lmMAIC11d1 x. WON <<j nssar urn F tnitrr °~o .r Ar rte A[VMM6 •All A1att , is, nwf Am ~ socr, f`-I l I A A RAC Was UY T ' r !0101 o aAP R/p ( f~ 1 A UYMDR' A t - Nlu T lA1JDS17NQ~~..~1[ rK" lv; r-o't~ .►w FMM. 1 I AND■woAlt ■s o Ana~AwRA SERVICE ROAD r i d F i 7 DEVELOPKENT STANDARDS CONCEPT PLAN DETAILED PLAN 1. Statement of Intent of Own*ri owner inta0v is to nr?rato a 21 '+1S __f %!ne-army Aurmm~hile enter nonsiatinn of 12_89S s-f. of ratAil Burn PArra_ 1rw+. batteries. miarella nanu• rnl Arwri itnmA AnA IA 4A rvirw hAWG fnr minor tune +u hrAitwa mufflwr• Lufiw AY4 nil rhanggs. anri tha installation of auto oart* normAlly RnIel by pan Angel, 2. Statement Indicating Relation to Denton Development Cuidal The Plan De,volln2mnnt ngrn lies wi h ha nonenn 9nni~ ~~r menr guide line* Total Nanbst of Acres in Proposed Diattictl 1 127 A wA 4. Land Ural and Total Number of Acres is tack Parcel or Tracts Total Proposed Acreage I as Single tally DetaChed N/A I be Single family Attached {townhouses, cluster, steel N/A j co Attached ratio/oatdea/iero Lot Line /A d. Duplex M/A se Nlllti-tartly fo office w' go Neighborhood Sexrioe "IAA + 21.215 .f. h. Csneesl Retail i4 eoreasrsial N/ J. Light industrial N A i k. Yeavy lnd"Wel. N/A Is other (specify) Retail Auto parts-sales i servi 12. OR ■_f_ rsitail 4,560 s.f, storaa {I 7,772 s.f. servic j i ___F ROW E a r Development Standards R Page 1 So Off-Site Information - adjacent of surrounding land uses, soningt stteeta, drainage facilities, and other existing of proposed improvements, (Shown on concept of detailed plan.) 6. Traffic and Transportation - indicate existing and proposed attests, parkinq lots, loading attest access points. (Shown on concept of detailed plan.) Projected Traffic Generation, (Based on traffic study, if required,) 7. Bulldingsi a. Approximate location. (Shown on concept or detailed plan.) , 11 be Maximum heights r 23'- " c. Minimum setbackas (Shown on concept of detailed plea.) ...EZC~ RaAr d. Maximum gross floor atu (square feet) for noncemidentials N B. Residential subdIvIsionl as Number of units per acre (dcneity)s be Nuaber cad location of loess (shove as concept or detailed plan.) c. Minimum 81160 vidth and depth of later (maim om concept or detailed plant) do Minimum front, Bide and rear yard aetbackss (sham am concept or detailed plant t t -i- . Nr low y ( s Development Standards Page I ti 9. Water and Drainage approximate location of all existing or proposed creeks, ponds, lakss, fioodplains, other Water retention or major drainage facilities and improvements. (Shown on concept at detailed plan.) 10. Utilities - location of all major sewer, water or electrical lines and facilities. (Shown on concept or detailed plan.) It. Location of trees 10 in diameter - six (4) feet from ground level. (Shown on concept or detailed plan.) 72s open space - location and sire of greenbeltsp parks, common and recreational areas. (Shown on concept or detailed plan.) Yes i 116 Screening - location, type and miss of all fences, berms at screening futures. (shown on concept or detailed plan.) 14. Development schedule (concept plan) - showing opeo-Mc date detailed plan will be submitted, data to start constructioa and coepieto consteuctlon, and rats of development. All dates should Indicate soeth and year. Start constryction1 October 1999. Co` plate constructions April 1990 ADDITIONM RMIiltlRirfI fft A Da?AIM FLAN 15, Landscaping Plan - mmjoc features sad types of landscaping to be usada Landscape sergon consisting of everarean trees (11) on north ' property We and a total of 12,214 s.l. of landscao-a ---a- P Development Standards page 1 ' 16. Signs - show loeation, type and size on detailed plant atherwisel signs must 3 conform to article 17 of the zoning Ordinance. Conforms to t 17. Sidewalks. (Shown on detailed plan.) 10. All infocmation required for preliminary plat in accordance with appendix a toenton Development Code) of the Code of Ordinances. (a separate plat is required.) 19. Development Schedule (detailed plan) - indicating start and completion of construction and the rate of development. all dates, should indicate month and year. Start construction: October 1989. f Complete construction: April 1990. I i i I I eb 7/IT j , I i i E 5 1 E i' -1 1 1 Fr 1 y f I LJEI= r.: LL= I ' l I ' i I I S i i I i I 9 1 A I m m 99 1 99ma f 1 ~rm y:v, f rMM n„,~1,'~ Irl , j city of DENTON ! 215 E. McKinney / Denton, Texas 76201 Memorandum Date: August 29, 1989 To: City Council From: Elizabeth Evans, Planning Administrator Subject: Historic District Regulations Back-up for the Oak-Hickory Historic District Regulations is under the work session item. 3 s t 4ztl Evans fi oc/liz I I I 1 ' 1 1 ~I i r 5 2289L/81789 ATTACHMENT 5 NO. AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW ARTICLE 28B TO PROVIDE FOR REGULATIONS FOR THE OAK-HICKORY HISTORIC DISTRICT, INCLUDING ARCHITECTURAL, MAXIMUM AMOUNT OF IN $2 000 00 FOR;O FOR A PENALTY IN THE VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, n g, the CityitCouncil rhassienacted AOrdinance A No. Appendix 8ing 87-224, providing for the creation of the Oak-Hickory Historic District; and, WHEREAS, in order to protect and preserve the District, the District; and recommended addi- tional Historic reguldoa ion has WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed regulations; and, Council has determined, after a public WHEREAS, the City j hearing thereon, that the f reservation lofiothe aDistrict gar NOWT, insure the protection and p p j THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Code SECTION 1. That further amended B-Zoning of fore a new Artiiclen28Beto as emems read as follows: ARTICLE 28B OAK-HICKORY HISTORIC DISTRICT REGULATIONS Section 28B-1. Purpose. The purpose of this article is to insure the protection and preservation of the Oak-Hickory Historic roviding for regulations for the use, construction, District by p improvement, and alteration of buildings, alteration, repair, structures, properties, and sites within the District. Section 28B-2. Definitions. The words used in this Article shall nave the following meanings: "Commission" shall meain accordance vithaArticlem28Aion authorized and appointed i 5-1 E i r F g S Y G "District" shall mean the area encompassed in the Oak-Hickory Historic District as established by and described in Ordinance 87-224, as amended. Section 28B-3. Application of Regulations. A. It shall be unlawful for any person to do, or to allow or cause any other person to do, any of the following acts on any property located within the District without first applying for and receiving a certificate of appropriateness from the Commission: 1. Constructing a new building or making an addition to an existing building. 2. Reconstructing, altering, changing, or restoring the exterior facade of any existing building. 3. Placing or locating any building. 1 4. Performing any act for which a certificate of appro- priateness is required by article 28A. 5. Constructing or erecting a fence, wall sign, or other j permanent improvements which are subject to regulation j by this article. B. Any construction, alteration, or improvement made on any property within the District which would not require a certificate of appropriateness by reason of it not being visible from any public street as provided in this article or article 28A, shall be submitted to the Commission, prior to the beginning of the work, for its determination of whether the improvement would be visible from a public street. C. Other regulations applicable to the District as contained in any other article of Appendix 8-Zoning or the Code of Ordinances shall continue to apply to the District, except as specifically modified herein. D. If any provisiun of this article conflicts with any other provision of the Code of Ordinances, the provisions of this article shall govern and control. E. Where any provision of this article modifies any provision of any other ordinance applicable to the District, the words used herein shall have the meaning as defined in the provisions of the ordinance modified, unless the definition is otherwise provided for herein. PAGE 2 5-2 - i - a S r I1rr I t, 1 Section 28B-4. Approval Procedures. The requirements and procedures of article 28A-9 of Appendix ` B-Zoning of the Code of Ordinances, providing for application and issuance of certificates of appropriateness, shall apply and be followed for any certificate of appropriateness required herein; provided, however, that no certificate of appropriateness required by article 28A-9 or this article shall be granted except upon compliance with the additional regulations of this article, where applicable. Section 28B-5. Architectural Regulations. A. Main Buildin - Main buildings must be compatible in scale with structures ex sting in the District. B. Accessory Buildings - Accessory buildings which are visible from any publ c std ree- other than an alley, Commission, must be compatible with the slee shapemiroofbform, materials, detailing and color of the main building. ! C, Architectural Detail - Materials, colors, structural and j decorat on a ements an the manner in which they are used, applied, or joined together must be compatible with nearby and adjacent structures. D. Awnings - Metal and corrugated plestic awnings are only permitted on an accessory building or the rear facade of a main building, if not visible from any public street, other than an alley, as determined by the Commission. Other awnings must be typical of any proposed structure and the character of the main building. E. Bui- idin~ Placement - All buildings must be placed so as to not advers- se yy affect t e rhythm of spaces between buildings on the block. F. Chimneys - All chimneys must be compatible with the style of propose uilding. Chimneys must be constructed of brick, stucco, stone, or other materials compatible in texture, color, and style with the proposed main building. f G. Additions - All additions to a building must be compatible with the`-Jom=nt horizontal or vertical characteristics, scale, shape, roof form, Wdterials, detailing and color of the existing building, PAGE 3 5-3 i t H. Color 1. Certain Colors Prohibited - Fluorescent metallic colors are not perm tte on the exterior of any structure in the District. 2. Dominant and Trim Colors - All structures must have a om nant color, w c s all not be of vivid satura- tion. The colors of a structure must be complementary to each other and the overall character of the main building. 3. Gutters and Downj outs - Gutters and downspouts must be r! Of a co or tFat matches or complements the color scheme of the main building. 4. Roof Colors - Roof colors must complement the style and overall co or scheme of the structure. 5. Masonry and Brick Surfaces - Masonry and brick surfaces not prev oua y painted must not be painted unless it is determined that: s ` a) The painting is absolutely necessary to restore or i preserve the masonary or brick; or i b) The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface. 6. Stain - The use and color of stain must be typical of the style and period of the structure. 4 I. Facade Materials 1. In General - The only permitted facade materials are I brick, wood siding, wood, stone, and stucco. All facade treatments and materials must be typical of the style and period of the main building. I 2. Wood Facades - Existing wood facades must be preserved as wood es, J. Front Entrances and Porches 1. Detailin - Railings, moldings, tile work, carvings, an oc er detailing and architectural decorations must be typical of the style and period of the main building, PAGE 4 j 5-4 IE , I r low I ~ 4 { F S; I tt r r 2. Enclosures - A front entrance or porch may not be enc ose with any material, including iron bars, glass, or mesh screening. in c the main buildings. or conceal 3. anyadaca a nn openings Porches ope 4. Floor Coverin s - Carpeting is not permitted as a porch 'r oor o p covering. 5. Style - Each proposed main wi buildiang shape,haroof form, pore or entry typical of the style, of I materials, and colors that are the proposed main building. A front entry or porch the dominant horizontal and must reflect characteristics of the proposed main buildings vertical I K. Roof Forms 1. Material and Colors - Roof material and colors must e and overall color scheme of the comp ement t e sty structure. 2. Patterns - Roof patterns must be typical of the style an per od of the main building. 3. Slo a and Pitch - The degree a direction and period 1 t s ope an p tc must be typical of the main building. it allow 4. Sk li hts and Solar Panels s n e acommission if their s y g is and solar p adverse effect on the placement does not have an architecture of a building or the District as a whole. L. Windows and Doors 1. Front Facade 0 enin a - The location and size of wind°ws i an oors n proposed facades must be compatible in scale with the typical style and period of the main building. 1 2. Glass - Reflective, tinted, and mirrored glass and p as is are not permitted in any opening, a 9, Screens Storm Doors and Storm eipermstted ifreens, storm doors, and w n owe may i PAGE 5 5-5 J i 1 M, r a. Their frames are painted to match or complement the color scheme of the main building, and b. They do not obscure significant features of the windows and doors they cover. 4. Security and Ornamental Bars - Security and ornamental bars are only perm tte on t e exterior of an accessory building, the rear facade of the main building, and the interior of the building. 5. Shutters - Shutters must be typical of the style of the propose main building and appear to be installed in a manner to perform their intended function. 6. St le - All windows and doors in the front facade of 1 gain building must be proportionally balanced in a { manner typical of the style and period of the building. I j 7. Size - The size and proportion of window and door openings located on the front and sides of the main A building must be typical of the style and period of the main building. 8. Frames - The frames of the windows must be trimmed in a manner typical of the style and period of the building. 9. _0__p en~~ingg~~s - All windows, doors, and lights in the front awe facades of the main building must by typical of the style and period of the building. Sidelights must be compatible with the door. H. Outdoor Lighting. Outdoor light fixtures must be compati e w t the style and period of the main building and not obscure or conflict with significant architectural details of the building. Section 28B-6. Fences I A. Form 1. Fences must be maintained in a vertical position. 2. The top edge of a fence must be along a line that is either horizontal, or substantially parallel to grade. B. Height _ - The maximum permitted height for a fence shall be as provided-Vy the Code of Ordinances. i PAGE 6 5-6 ~i J low t k I ( V 1 Ik C. Materials - A fence must be constructed of one or more of the following materials: cast metal, wrought iron, wood, stone, brick, patterned concrete or stucco. Exposed concrete blocks are not permitted. D. Color and St le - Fences must be of a color, style, and material wf~c s compatible to the Main building. E. Masonr Columns and Bases - The color, texture, pattern, and dimens ons o masonry and the color, width, type, and elevation of mortar joints in a fence column or base must match the masonry and mortar joints of the main building as nearly as practicable. F. Wooden Fences 1. All wooden structural posts must be at least four inches in diameter. j 2. The side of a wooden fence facing a public street must be the finished side. 3. Wooden fences may be painted or stained a color that is complimentary to the main building. Section 28B-7. Sign Regulations. i A. Ap~pplicable Regulation' Modifications. All signs located within the stbcG-e:a a subject to the provisions of Article 17 of Appendix B-Zoning, except as modified as follows: 1. Signs Permitted. Stake and wall signs are permitted. Ground, row, projecting, portable, and off-premise signs are prohibited, except for wind device signs used as ground or projecting signs as specifically permitted in this section. 2. Wall and Stake Sign Regulations. a) Number of _Wall Signs. Only one wall sign per prem se is perm tte . b) Size. No wall sign shall have a maximum dimension M-ch is greater than two (2) feet, measured along the greater distance of any one line which defines the effective area of the sign. No stake sign shall have an effective area greater than ten (10) square feet. i 1 PAGE 7 5-7 I I J P Y i c) Wind Device Signs. No wind device signs are perm tte n t a District, except that one national, one state, and one registered corporate logo flag may be displayed on any one premise as a ground sign, wall sign, or projecting sign. If a flag is displayed as a ground sign or projecting sign, the setback requirements applicable to ground signs in residential districts shall apply. A corporate logo flag may only be displayed on a premise owned or controlled by the corporation. No flag shall have a dimension, as to any one side, which is greater than six (6) feet. A. Address or Name Signs. The sign regulations of this article-shat not apply to the signs or numbers which are used solely to identify the street address of the premise or to identify the street address of the premise or to identify by name 1 the occupants of a residential building. B. Approval Procedure for Wall Signs No new wall signs I shall be constructs or located, an no existing wall sign shall be altered, until a certificate of appropriateness is issued by the Commission in accordance with the procedures applicable to alterations or changes of the exterior architectural features of buildings, as provided for in Article 28A of the Code of Ordinances. Section 286-8. Parking Regulations. A. A licable Re ulationso Modifications. The provisions of Article-15 o ppen x - on ng, as amended, shall apply to the District, except as modified as follows: 1. Location. All off-street parking spaces for any ' building used as a multi-family dwelling or for a nonresidential use shall be located between the building fronting the public street and the rear property line. 2. Number of Parkin Spaces. Each specified use shall provide the following number of parking spaces: a. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwelling unit. b. Nonresidential uses shall provide one and one-half (1.5) the number of parking spaces required for that use by Article 15 of Appendix B-Zoning. I PAGE 8 5-8 i SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application 01 thereof to any person or circumstance is held invalid by any court of competent ,jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions-despite any such invalidity. SECTION III. Any person who shall violate a provision of this or nance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued r thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00 Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION IV. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, 14 t the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. I ~ I PASSED AND APPROVED this the day of 1989. i ATTEST: JENNIFER WALT Ti-MrWRTA" I~ j ` APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY. ~ • - PAGE 9 5-9 M YIL~ LAjmim Uz= LL= LIJ= LL= LUZ= I I III I II I i I 1 I 1 Y 2. C. T CITY of DENTON 1215 E. McKinney / Denfon, Texas 76201 MEMORANDUM DATE: August 29, 1989 TO: Mayor and Members of the City Council FROM: Harry N. Persaud, Senior Planner SUBJECT: A resolution adopting Appendix A for the Denton Development Plan; adopting an amended 'Concept Plan' for the Uenton Development Plan; and providing for an effective date. Back-up for the above mentioned subject is under the work i session item. 1 n A Furry ersau , A P t Senior Planner j 1918x/2 y i i J C I f RESOLUTION NO. A RESOLUTION ADOPTING AN APPENDIX A FOR THE DENTON DEVELOPMENT PLAN; ADOPTING AN AMENDED "CONCEPT MAP" FOR THE DENTON DEVELOPMENT I-LAN; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Denton Development Plan provides that the methodology for intensity calculations and the detailed boundaries of the intersity areas will be formulated by a citizens group and, upon approval of the City Council, be adopted an Appendix A to the Denton Development Plan; and WHEREAS, the City Council appointed an Appendix A Task Force to recommend the intensity area boundaries and the methodology for intensity calculations, as required by the Plan; and WHEREAS, the Appendix A Task Force has completed its work and the Planning and Zoning Commission has recommended adoption of an Appendix A, as formulated by the Task Force= NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HERESY RESOLVES: Ali SECTION I. . That the attached document, labeled as "Denton Development Plan - Appendix A", showing the intensity area boundaries and a standard methodology for intensity calculations, is approved as Appendix A to the Denton Development Plan, which shall supercede the interim intensity boundary map adopted by Resolution R-88-057. I SECTION Ii. That based on the intensity boundary maps 1 adopted as Appendix A. an amended "Concept Map'l for the Denton Development Plan is approved, the amended map to be kept on file with the Planning and Development. Department. i SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989, i RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ` -Y \A 1 V`~..89-441 I 1 TT i II { i i i 111144 Y r I r ED CITY of DENTON / 215 E. McKinney / Denton, Texes 16201 i MEMUIlANDU11 LATE: August 29, 1989 TO: hIayor and Members of the City Council FROM: Harry N. Persaud, Senior Planner SUBJECT: A resolution amending the Denton Development Plan by deleting multifamily and high density housing developments as being eligible for intensity bonuses; and providing for an effective date. 1 Sack-up for the above mentioned subject is under the work session item. f ~ I J i i J arry ersau j Senior Planner dw 2 1918x/3 i 1 i V ATTACHMENT 2 RESOLUTION NO- A RESOLUTION AMENDING THE DENTON DEVELOPMENT PLAN BY DELETING ELIGIBLEM HOUSING DEVELOPMENTS INTENSITY BONUSES; AND PROVIINGAFORN AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: gEgZL N I. That the first paragraph of Chapter III, B, 2, d, (1), of the Denton Development Plan is amended to read as ; follows: r The diversity policy of the Plan allowa for intensity bonuses for mixed land use developments that include j public or nonprofit community type ser+ice facilities or ! uses, such as churches, schools, libraries, fire stations, police stations, parks, open spaces, or governmental offices. To meet the requirements for a bonus, land for the community facility or use must be within the 60 acre designated area of a moderAte activity center and cannot abut the outer boundary of the center. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r 1989• RAY STEPHENS# MAYOR i I ATTEST: CITY SECRETARY JENNIFER WALTERS, ~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY E BY: ' 89-47 I i i 1 ~i i j i I } ~ ~ ~ . I ~ I y k, I{r1 - I 1 lul II{` I CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 I J MEMORANDUM DATE: August 30, 1989 ii TO: The Honorable Mayor and Members of the City Council n I FROM: John F. McGrane, Executive Director of Finance III SUBJECT: PROPOSED 1989-90 TAX RATE PUBLIC f1EARING the Proposed 1989-90 Annual Program of Services as submitted to the { City Council on July 30, 1989, is based upon a tax rate of $.6240. This tax rate represents an increase of .0626 Percent compared to last year's tax rate of $,5928. _i n McGrane E JFMcG:af 4812F cc: Lloyd V. Harrell, City Manager I I } E I 1 I Ft if I I i I Y I 1 i i 1 I 1 r I I I e. .~z. F I 0 CITY of DENTON / 21S E. McKinney / Denton, Texas 76201 MEMORANDUM r DATE: August 30, 1989 r0: The Honorable Mayor and Members of the City Council FROM: John F. McGrane, Executive Director of Finance { SUBJECT: PROPOSED 1989-9U ANNUAL PROGRAM OF SERVICES PUBLIC HEARING I Pursuant to Charter requirements providing for a public hearing on I the City's Annual Program of Services, a public hearing for the Proposed 1989-90 Annual Program of Services is to be held September I s, 198J. Subsequent to said hearing, a Council budget worksession If has been scheduled for September 12, 1989. Final budget ` consideration and adoption of a tax rate is scheduled for September hr f 19, 1989. F r oMctirane JFMCG:af cc: Lloyd V. Harrell, City Manager II 4811F 'I LI) i y a ~r i t ~ i t i O i FIF Fir rT 1-1 N { I F I I I I m l I n v` Ir ~J y.n;~ 4 'G CITY o/DENTON, TEXAS MUNICIPAL DUILOINO / DENTON, TEXAS 70201 / TELEPHONE(017) 666-6307 Office of the City Menages H E M 0 R A N D U M i TG: Mayor and Members of the City Council FROM: Betty Williams, Deputy City Secretary DATE.: September 1, 1989 SUBJECT: Back-up for Agenda Item *,.I i Mr. John McDonald came in and requested to be placed on the agenda to discuss access to property on E. McKinney, There is no written back-up material for this agenda item. A copy of the Guidelines for Appearance before the City Council has been mailed to Mr. McDonald. E l Betty Wil: a s 4687M/bw I 1 i ti -L-LL I i I i l I I ~ V, i i I I I I • =8r ~vr:4J0 4t., v.a 4 y CITY of DENTON, TEXAS _MUNICIPAL EUILDINO / DENTON, TEXAS 78101 / TELEPHONE (817) 588.8307 ON1Ce 011he city Manager M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Betty Williams, Deputy City Secretary DATE: September 1, 1989 SUBJECT: Back-up for Agenda item N Al i I Ms. Carol Kelly called and requested to be placed on the agenda to present a petition regarding institution of a curfew in the City of Denton. There is no written back-up material for this ? 1 agenda item. A copy of the Guidelines for Appearance before the City Council has been mailed to Ms. Kelly. a ~ Betty Hi 1 ams i 4687M/bw i i i r~ 1 1 I11r1 I 5 r I I E ' I i f II I J i ~ I I Y r' { I VT f - - WW - ~ r ga i r nn ~ 2651L-1 / 3689 NO. ORDINANCE PURCHASE ACCEPTING OF MA'rERIALSI~IEQUIPMENT, ~N SUPPLIESN ORA SERVICES; FOR 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- ment, supplies or services in accordance with the procedures of state law and City ordinances; and { WHEREAS, the City Manager or a designated employee ties materials, equipment, supplies or lowestecresand ponsible bidsedfor that services as shown in the "Sid Proposals submitted therefor; and WHEREAS, the City Council has provided in the City Budget for i f the appropriation of funds to be used for the purchase of the materiels, equipment, supplies or services approved and accepted f herein; NUW, THEREFORE, it THE COUNCIL OF THE C111 OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids- or 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 npproved as being the lowest responsible bids for such items., BID ITEM 11 M BER NO. VENDOR AMOUNT .JSLOZ--.. I low Eh i , i M SECTiUiI II. That by ttie acceptance and approval of the above numbered terra of the submitted bids, the City accepts the offer of the persons submitting the bids for such eiste or anB -agrees in purchase the materials, equipment, spP i standards accordance rrile terms, contained d n the and for the specified Proposals, and related documents. SECTIUti III. That should the City and persona submittin8 approved-end accepted items and of the submitted bids wish to the enter into a formal written agreement the bids a the sCity Manager cute acceptance, approval, or his designated representative is hereby authorized ethat the written contract which shall be attached hereto, provided the written contract is in accordance with the terms, conditions specifications, standards, quantitiea and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and a-oval of ti:e above u ri ems of tile submitted funds btherefor in pppttheCamount atndein h auth thorizeN the expenditure o pursuant to a contract cmade lpursuant theretodasbauthorizedherein. written it I SECTION V. That this ordinancshall become eiiective immediAte y upon its passage and approval. da o f , 1989 . PASSED AND APPROVED this Y { RAY~fiE)sFSEAS~AY~ ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY HY: i PAGE TWO i to L1 J DATE: SEPTEMBER S, 191 ` CITY COUNCIL REPORT TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: DID 11002 - 2500 KVA TRANSFORMER I REC014IENDATIO11: We recommend this bid for one 2500 KVA Padmount Transformc be awarded to the lowest evaluated bidder meet Iaj specification which is Priester Supply in the amount of $20,644.00. I SUMMY: This bid is for a transformer and enclosure to be installed for the high school under construction. The secondary enclosure included in this bid will ne'. be purchased at this time. BACKGROUKD: Tabulation sheet, Memorandum PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution h F I I FISCAL I1WACT: Budgeted Yunds Acet16ll-008-0252-5422-9222 Respectfully submitted: Lloyd V. Harrell City Manager Prepared by,. Name: Denise Manning Titl;: Buyer i Approved: am :./John J. Marshall Title: Purchasing Agent I { 1 i 1 hu V1.M 1 INq SnSC I 6'd \o. 1002 O' 4` 2tiG d'd 2500 KVA r Qv v{ tit AV 4 RANSFORMER C 4 y ' p, M Accr:nl Flo. , qr~ 04 49'Qr o- , 9e~n~d ti0 Vti2 R44 tit , S4 4' ? 2. AV' JO co a a DESCRIPTION TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL 9 00 23 666.0 23 688.00 23 875.00 21,410.00 28,087.00 N6 NB INC. ABOVE Na N/C DELIVERY 120 d 240/d 168/d 140/d 126-140/d 140/d 81-98/d 98d 238-252/d I ~ i I 1 i i I 1 V E, E I r ` t CITY of DENTON / 215 E. McKinney I Denton, Texas 76201 MEMORANDUM Toi Dennis Manning, Purchasing Agent Fromi Keith Dubea, Electrical Engineering I Date: August 230 1989 Subjectr BID EVALUATION 1 1002 - 2500 KVA PAD14OUNT TRANSFOkMER , 6 SECONDARY ENCLOSURE FOR RYAN HIGH SCHOOL. On Thursday, August 17, 1989, bids were opened to purchase one + (1) 2500 KVA padmount transformers at 277/480 GndY Volts, three phase and a secondary enclosure for the new school which is under construction. All bidders meet the requirement and design criteria. I i f The submitted Bids were evaluated according to the followings 1) Low Bid meeting specifications. 1 2) Initial and operation cost over the expected life of the transformer from the equation within the bid specification. 3) American Public Power Association, Distribution System Loss Evaluation Manual which analysis the no-load losses and winding losses at a constant base rate considering the first cost versus annual cost. Based on these factors, the Electric Engineering Department recommend that the bid be awarded to Priester Supply Company for $ 200644 with a maximum of 120 day delivery period on the transformers. We are also recommending that the purchase of the secondary enclosure be put on hold until additional information is ' submitted by the bidders. i Evaluation worksheet attached. i xct Ernie Tullos, Director of Electric Utilities Bob Nelson, Executive Director of Utilities ~I IPE21CIE l laa01lR Auqust I8. 1989 FADMOUNT TRANSFORMER AND 65CONDARY ENCLOSURE EVALUATION Pyl Kelth Dubea, Electric Enginserlno Deoartment bid 01002 Total CostIT0 0 Unit Cost s 7.04 + (NL + CTL-NLI ! I.F) R 14,54 LF - Load Factor Oar 2500 KVA at 0.38 Where? UC - Unit Cost at present in Dollors NL w No Load lost in Watts WL a Windlnq Losses at Rated Voltage TL • Total Loss In Watts TC • Total Future Evaluation Cost $NL8 No-Load Losses In Dollw s II $WL& Windlnq Losses in r)ollors TECm Total Evaluated Cost •a00RH RaRaR040Ra!la0aRR0l0 !1111 a lD/Ra01 NIIIIeRH 0a0ilRR 0!•R!♦0RR00♦!l0R00 Vender UC-Rank UC NL WL TL TC TC-Rank MFG Delivery $ NL WL TEC Rank ° Cummins 9 026.187 2L20 16300 18020 (311,058 B Paurells 252 $7,910 $21,292 $60,399 7 1 $20,303 4200 22000 1-6200 !326,978 9 FTC 100 $13,134 $35,496 $69,175 10 Wasco 3 $21.400 4124 17383 21309 1306.675 7 WH 182 $12,945 i28,C 3 $62,387 9 Priester 2 $20.644 _410 16934 19344 $273.939 1 Hguore D 120 $7,365 027.315 $55,524 I 4 022.963 2653 16343 18996 $290.547 3 RTE 140 08,326 026.361 $57,654 3 Temple 01 6 423,688 263; 16343 19996 $295,636 4 RTE 140 38,3:8 $26,361 058,377 4 Temple 02 5 $:5,666 2976 14417 17393 8289,536 2 OE 140 $9,342 023.255 456,262 2 i VanTran a $:4,410 3240 15300 18740 $304,597 6 VT V9 $10,170 $25,002 459,582 6 1,101 son 7 123,875 3240 15300 111741, $3001830 5 VT 99 $10,170 $.5.01,2 $59,047 5 Fol*IIr.e 10 028,099 2520 16300 18820 $324.517 10 F•L;WaI19 240 817,910 026,202 $62,301 8 W. M. Dusenberry 140 Did f 0 11L; 1 3, 139 'r Equlyslent rlrst Cult of Each 1W o+ Transformer No-Load Losses, 112) X (Demand Charge in $/kW-mo.) 4 18,760) X lEnargy Charoe $/kWh!/Charge Rate Where; bamond Charoe - 5.n Energy Charge - 0.019 Charac Nate a 7.5X I R WLI S 1.613 Equivalent First Cost per kW of Transformer Load Loss* (Annual Demand Cost) • (Annual F.nsrgy CoM M C;haroe Rats) IIANI##N Ni#11♦►N1Aib#•NNii1## M1►►#►#i11#NN►N 1M►►•Ni►N#A►1► N1•#NI►►#1NA►111iA1#AN M ♦i#N SECONDARY V CLOSURE EVALUATION REPORT Vender Cummins $1,900 i Wasco No Bid k Priastar 1723 Temple Rf Na Bid TemD1e 02 No Bid VanTran No Fid i Nelson No laid TR-2500. so, I h . f i i I 1 I -W M F k a E JJ1 rl r III I LEO I 1 I i I I I 66 1 1 I i r 1 s 1 2651L-3/3589 N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS Olt IMPROVEIIENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and { ~ City ordinances; and WHEREAS, the CLty Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SLCTION I. That the following competitive bids for the construction o public works or improvements, as described in the "Bid Invitations', "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NikIBER CONTRAC'T'OR AMOUNT 9998 LATIN AMERICAN CONSTRUCTION CO. x$390600.00 SECTIOtl II. That the acceptance and approval of the above compe`r ENO Rd shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such I person shall comply with all requirements specified in the Notice s 1 .ek • .1 yp[v 1 q to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notifi- cation of the award of the bid. SECTION 111. That the City Manager is hereby authorized to execute a1T necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and speciflnd sums contained therein. II SEC'riotJ IV. That upon acceptance and approval of the above 1 com M71ve -bUs and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective imme3lat`eIy upon its passage and approval. 1 PASSED AND APPROVED this the day of , 1989. i I I ~ E RAY STEN EFL, OR i ATTEST: J'ENNIF'ER AAL'l'F[i~`~I'~'Y~i:~y APPROVED AS TO LEGAL FORM: DEBRA ADM I DRAYOVITCH, CITY ATTORNEY BY: I f PACE 2 ; i DATFt Sept. 5, 1989 CITY COUNCIL REPORT TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTS BID# 9998 - ASBESTOS REMOVAL RECO~tENDATION: We recommend this bid be awarded to the lowest bTddor meeting specification Latin American Construction Company, in thi amount of $39,600.00 SUMMARY: This bid is for the removal and disposal of hazardous asbestos insulation material from a portion of the piping and portions of the boilers #1, 02, and 43 at the Municipal Power Plant. This insulation is currently preventing necessary repairs to several of the boiler units. Once the insulation is disturbed, it must be removed to eliminate hazard to employees and repairs cannot be made without disturbing the insulation. Specific areas of concert: are the external drum appendages on boiler #1 and #2, the burner on boiler 92 and the top west and the steam separator on unit #3. Abatement to be performed in full containment with wet decon, or combination of glove bagging with mini-containment, double suiting and wet wiping. All removal and disposal will be in accordance with E.P.A., O.S.H.A., and Texas Department of Health Regulations. BACh,3ROUNDt Tabulation Sheet, P.U.B Meeting Minutes. PROGc2AMS DEPARTMENTS OR GROUPS AFFECTEDt Maintenance on generation equipment - Mun cipal Power Plant FISCAL IMPACTt 1988/89 Budget Funds for Plant Maintenance, Account X16107080-0251-8339 Current Fund Balance $433,959.49 Respectfully submittedt Lloyd Harrell City Manager Pli S:._. tea Namat Tom D. Shaw Titles Assistant Purchasing Agent ApF*roved j ~f~ i r J. it r Purchasingrs al Agent 015.LW. i 1 , BZO# 9998 J LATIN I TELEION 1 HID ASBESTOS 3ELOVAL I AMERICAN I I I CONSTRUCTION + 1 I COMPANY I I OPEN JUNE 29, 1989, 2:00 P.M. , ACCOUNT # 610-080-0251-8339 i I I I 1 # J QTY I ITEM DESCRIPTION I VENDOR DOR VENDOR J I __I I I I J ' I I r i ~I I 1A1 I UNIT 2 BOILER BURNER 1 $2,500.00 J $1,194.00 1 1BJ J UNIT f BOILER J $18,300.00 J $29,322.00 i 3CJ I UNIT 2 BOILER J $18,300.00 j $33,986.00 1 1C1 I UNIT 3 BOILER ; $500.00 i $14,483.00 J 2j I I 2AJ I SPECIAL CALL OUT CHARGE I $650.00 I $1.25.00 I 281 J TIME CHARGE 1 $35.00 1 24.90/37.90 1 2C1 I MATERIALS ADD i 10% f 20% ! I I I TOTAL i $39,600.00 i $78,995.00 J I j I f e~ 1 V V ir --W GTYof DENTON, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM TO: John Marshall, Purchasing Agent FROM: R. E. Nelson, Executive Director of Utilities DATE: August 29, 1989 RE: Contract with Latin American Construction Company for Services to Perform Asbestos Removal at the Power Plant I` e f At the August 23, 1989, Public Utilities Board meeting, the Board approved a contract with Latin American Construction Company for services to perform asbestos removal at the Power Plant for Units 1, 2 E 3. The E cost for the project is $39,000, and additional work if/as required will be performed at the following rates: Time Charge per Man Hour $ 35.00 Minimum Daily Charge $650.00 ` Material Cost Plus 10% Disposal Cost Plus 10% Please proceed with the City Council approval process so that the project may begin in a timely fashion. Exhibits and minutes from the August 23rd Board meeting are attached. C 77 M- . XeCUZ~YCeCter E Department of Utilities kkn j Attachments cc: Ernie Tullos, Director of Electric Utilities Jim Thune, Superintendent of Electric Production File 64700:ll i LJ 1 September 5, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE C17Y COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSI!ER CONTRACT WITH LATIN AMERICAN CONSTRUCTION C6MPANY FOR SERVICES TO PERFORM ASBESTOS REMOVAL AT THE POWER PLANT. RECOMMENDATION: The Public Utilities Board, at their meeting of August 23, 1989, recommended to the City Council approval of attached proposal from , Latin American Construction Company to provide contract services for i removal of asbestos at the Power Plant. i SUMMARY/BACKGROUND: Much of the insulation originally installed in the Power Plant contains asbestos. State and Federal restrictions have been placed on asbestos use. These restrictions and regulations also apply to 1 removal of such material. Restrictions generally require licensed, qualified personnel with protective clothing, specialized equipment and regulated procedures to legally and safely abate asbestos. The procedure is generally very costly. Numerous abatement projects have already eliminated asbestos problems ' in the plant. Removal was necessary on units 3, 4 and 5 steam turbines to allow overhaul. Additional removal is now and will be necessary to perform maintenance on other plant components. Areas currently in need of repair that are obstructed by asbestos insulation include units 1 and 2 boilers external piping and units 2-3 burner wall. Other areas where loose asbestos presents increased exposure risk to employees include unit 3 flash tank and the old fire eye mount. Each of these areas will be addressed by the proposed contract. Additional funding in the proposed contract will allow other removal as needed for emergency repair. These funds will be allocated on a cost plus basis. Latin American Construction will perform the following services under this proposal: 1. Construct appropriate containments around the equipment where asbestos removal will take place. 2. Remove lagging, asbestos insulation and clean all surfaces. 3. Monitor personnel performing removal per applicable regulations. 4. Dispose of all removed insulation per applicable regulations. 5. Obtain clearance on containment areas prior to dismantling. I NCUn"6 i CC Meeting „ Page 2 i FISCAL IMPACT: Latin American Construction proposes a firm price of $39,000 to perform this work. Additional work if/as required will be performed at the following rates: Time Charge Per Man Hour $ 35.00 Minimum Oaily Charge 650.00 Material Cost Plus 10% Disposal Cost Plus 10% PROGRAMS, DEPARMENTS OR GROUPS AFFECTED: i The Electric Production Facility, Units 1, 2 A 3 Boilers, Denton Municipal Utilities. a Respectfully submitted, Lloyd Harrell, City Manager f Prepared/Approved by, L. son, xecut ve ri ector Department of utilities Exhibit I Recommendation II Spread Sheet III Bids/Specifications VI PUB Minutes of August 23, 1989 t t 't v 6467U:8-10 :f k t h Excerpt from ~p Minutes of Public Utilities Board August 23, 1989 01, 11. CONSIDER _CONTRACT WITH LATIN AMERICAN COMPANY P'OR SERVICES TO P CONSTRUCTION THS POWER PLANT. ERFORM ASBESTOS REMOVAL AT LaPorte called for a brief background on the topic. Tullos stated that when the plant was built in 1954, asbestos was used as a building material in the installation of turbines 1, 2 and 3 at the Power Plant. In 1975, EPA prohibited asbestos use and, in recent years, EPA issued regulations mandating the removal of asbestos. In order to comply with EPA regulation, the Utility Department sent out a request for proposals on the removal of asbestos from turbines 1, 2 and 3. Tullos stated that one minority contractor, Latin American Company, had bid one-half the price of all the other bidders. Although they had not removed asbestos from Utility Plants before, Tullos felt that the owner, Mike Torres, had adequate experience and education in the asbestos removal field. { thatrtthewboardomightebe in the situation d of and i to approve more money once the project was started E ofe the the apparent wlack ith of experience h in part utility industry. Tullos explained the low bid as strategy by the contractor to gain some market share in this particular field of asbestos removal. Concerning the level of experience, a full-time inspector would be present during the quality of work, g he project to check the I After no further discussion or questions, LaForte called for a motion to recommend the contract with Latin American Construction company for services to perform asbestos removal at the power plant. Motion was made by Chew. Second by Thompson. All ayes, no nays, motion carried. i I ~f . vv+ V low ,7 1• A y' f ~ Li July 20, 1999 TO: Ernie Tullos Director,, Electric Utilities FROM:' Jim Thune Superintendent, Electric Production SUBJECT: Asbestos removal at the Power Plant Much of the insulation originally installed in the Power Plant contains asbestos. State and federal restrictions have been placed on asbestos use. Th±se restrictions and regulations also apply to removal of such material. These restrictions generally require licensed, qualified personnel with protective clothing, specialized equipment and regulated procedures to legally and safely abate asbestos. The procedure is generally very costly. Numerous abatement projects have already eliminated asbestos problems in the Plant. Removal was necessary on units 3, 4 and 5 steam turbines to allow overhrul. Additional removal is now and will be necessary to perform maintenance on other Plant components. Areas currently in need of repair that are obstructed by asbestos insulation include units I and 2 boiler external piping, Unit 2-3 burner wall and Units 4 and 5 flash tank piping. Other areas where loose asbestos presents increased exposure risk to employees include unit 3 flash tank and the old fire eye mount. Each of these areas will be addressed ii by the proposed contract. Additional funding in the proposed contract will allow other removal as needed for emergency repair. These funds will be allocated on a cost plus basis, This proposal recommends contracting with L. A. Environmental (Latin American Construction) for asbestos removal per specification 89-01-ASB. The recommendation is based on low bid and meeting specification requirements. Cost of this contract is estimated not to exceed $50,000.00. Please review and advise if the matter should be forwarded to Council for approval. h u ee ~r JT:fIc i Attachuents: Spread Sheet Bids AA Specifications EXHIBIT i F low l srnv s , Page 2 L.A.C. Teleion t item Is Unit 2 boiler burner $ 2,500 S 1,194 Item lb Unit I boiler 18,300 29,422 Item Ic unit 2 boiler 18,300 33,936 Item 1d Unit 3 boiler S00 14,493 was=.. Sasso. Total $39,600 $78,995 i PricLng (cost plus) L.A.C. Teleion Timla Charge Per Man Hour $ 35.00 S 24.90 labor 31.90 superv. Miuumum Charge 650.00 125.00 plus labor 3 Material Cost plus 10% Coat plus 20% Disposal coat plus 10% 33.00/yd3 Total Est. Labor 2 men, 10 hra $700.00 $753.00 } L. A. Environmental offers a lower price for both firm work and cost plus work. L. A. Environmental removal methods are acceptable and in compliance with state and federal i j tf regulations. . I S f ti I I J 1 kw N s 3 ,a LICENSED SONDE0 k LATIN AMERICAN CONSTRUCTION CO. ASBESTOS AWEMENT SPECIALIST A AM~gItT'/ fOnft~L~M MASK TOF10 i ~ $115 DENTON DRIVE SUITE 210 DALt/l5, TEKAS 73235 U14} 9S6.7)03 JI i F i f ~ EXHIBIT.: L:... -F low 1 i k ` 81D NUMBERS BID PROPOSALS Page of City at Oonlon, r St. 2 5^- #9998 Purchasing Department Donlon, lasso so 1101 ~1EM DESCAIPTION OUAN, PRICE AMOUNT Asbestos Removal Per Attached Specifications .a. Unit 2 Boiler Burner l S g 2,590. b, Unit 1 Boiler 1 $ S16, 310 . !c. Unit 2 Boiler 1 $ 818,390. Ld. Unit 3 Boiler 1 S S Sllu,' 1 Other Designated Areas !a, Minimum Call Out/Mobilization Charge 1 $ 650.0+S _ !b, Time Charge 1 ' S 35 S [lour , !c, . Materials Charge COST + l $ 10% THIS BID WILL BE AWARDED TO A SINGLE CONTRACTOR N j All abatement to be performed in full containment with wet decamp or combination of glovebagging E with mini-containment, double suiting, and { j wet wiping. All removal and disposal of asbestos materials, will 1 be in accordance with EPA, OS11A, t: Texas Uept.of Health regulations. i 10TALS f We quole lho above f.o.b. de fvare1 to Donlon. Tessa. SAlpmanl cam be made In~9-dare from reaNpt of Wdw. Tame nW90 If unless othonow hmicalod. In tubmlllln0 the above bM, the rawdyr ogre" Ihat accoolonct of any or all bld (lamp, by the oil cl Damian, comae wlthln a raeonebla period a; time conttltue a contract. lhe oomplalod Old Prcpotal must be properly priced, tlenod and ralWnwl. n apu a r//yC~ ~ le r~.,,nen. Ixr. i7 i _J -i..~-- T 'N i I~ ~ A I i •i DEfWPWNT OF _ ffMTjj BE IT KNOWN THAT LATIN AMERICAN CONTRACTING CO., INC, Is hereby licensed and autroriied to'practice as i - ASBESTOS ABATEMENT CONTRACTOR within the State of Texas in accordance with Article 4477.3a of the Texas Civil Statutes and Chapter I 25, Sections 289.141-289.156 of the Texas Administrative Code, I lions pertaining to the control and the abatement of asbestos. This 1as weU those Federal Re. f6enseashal] 'remain in effeatdso long as It Is not suspended or revoked and Is ret.ewed according to law. 6115 DEN70N DR,, l;iZl$ ~ t ACCREDITED SUPERVISOR1 .MARK ~ A. TORRES DALLAS TEXAS 75235 ; . t2I4) 956-7903 VICE-PRESIDENT (345-44-51 30-003$ - :.k:..; , . Cert9ficate Number Mbe Ito& Prosrams - 9rach Occupetonel Safety Health Division SEPTEMBER 1. 1985 ~r Tate or Issue t' ' Aoberl BernNela 11 , IA -I' P Co=.JUloner of Health lnvaGd mlho • 46ff•rj%W@41fl6jSnewal card. iL t 1 A } 5 + t CIGNAPIOQB11YC"I(ICofualtyCOMPONef - a ' RfIF lCF1TEOF INSURANCE ne atively n u Caruhcete o1 insurance neither 4Hir n s. toffy now auds. etlendsor slit's the covelege, limits, tome orcodi6onl ffv~_I, ha pulictel it certiticttel ) )/tit; COktPANYCODES - u a, u , t Clllly t0 [1) C IGNA INS URAN C E CO M PANY I '1'd%06 Icstrumantar Inc. {QCIGNAINS CO OF TEXAS A'r1Nl blue Y. ltaran . . 8330 L8J asva P 0 Box 655303. KS 8306 PACIFIC iNSURANCE EMPLOYERS COMPANY INS CO Dallas, Texas 7 75264 ®OFNORTHAMERICA J © C*NA INS C° OF ILLINOIS a tour lallaw~na dascriWd Dolicy Of Pouc'is, issued by The ComPInY N coded b""' M CIGNA INS CO OF OHIO i nd,ne mluwlnce only low hltl,rdlcluckd by pelcw, Mw Wen inud fo, InO. NAME Latin American Contracting 8 Cansiruetiot: Co. e ❑ IOTHER, -SPECIFY; FOLD ,DRESS 6115 Denton Uriva, Ste. 1218 _ s~nOO Oa11Be, Te%sa 75235 S%J% m KW Dal wish 1'1 to, Me lhHlot. at the tollowinB loci POnlst: 'raise LIMITS OF LIbIC1TV R POLICY TY►t OF POCKY WOE POLIO NUMBE^ PERIOD Sutwory VIL C, one Sun1e+d YyolkeTen'f TAC 221518 12-2-68/89 S 100,000 ni At"~'^""d Conlpenution d a.... a Does n. Employui Liability f riaRe+alliabili~f ❑ s Etch Pawn e 1lncludma "I"' I] Actidanl M1"N1-Openuone wlamol Cona4cti ea ddmd bHowl ❑ S Each [3 Qceunenct I"",dant conli Kloll ❑ Completed 001(aPOns/Pludocll ❑ ❑ AVWKaIe-Complur]w II ContreclON• ISWalie lYp1 +l _ - Aecdent ,,bed fn }oosnote below) Each ❑ Oct of runce siNf lai Coouown nnduduq ❑ ❑ ' ' "Inedemat Convaeii" n defined a , W low l ❑ ❑ S A9erplla-/rem/Oww. ; 1 i Independent Contrsctr, f AFy eaarPwtecuw ❑ 1 i ` AYf1a411-CanptelW OanbondProduct/ ❑ Com0letdCfperallonslhoducU S AiY~ p1w-Cont~KluN 41 Cmulcwd,ISpaLs felo lootn MwAd {n-eu Odwl 1 Automobile LiabilitY I' EecnPanen A<cdmt Owned AulonlobdM I I _ E K* 3IIhrelAulomubIla r- '-r^ J LOc4urnnee 1. Nwr owed Au l0, nobdel- Ateidenf ' Each 0 Occurrence Owned Aulomobdec rI lhred Aulorndulel Nonownd Aut~tA141 I Melly 'Pallas WC benefits s P1Y, - nor Klull pool Will : Subllct to 411 the policy Ipn,s wp011cebte, IOe4111c cit"If"1611 It i1 the inUnI10R bl the temPenY that in ^nIIOI days' wntltent not Cf coreraat it Worded 11 relPecfl the t po1,cY or Pohael by M I compeller, check U t eonluct 1 at loch tanONlehon YIJI be liven to You of Me addr4le soloed above. „plicAl 0y Pu'chaw wd/r prlrminu ) Wtwean the Imurd 4nd~ Block 0 all tont+Kls !L DA1B III 4001101/10 CONE RACE No. 101 $110 i NAMC OF OtHtR UAt Y urc ON I~n JOeI - - ,111w1ne isle 'nden/1t /outlKl ° Ir1teU 1n 1 lute oI pllmrles III ealemenf /y+/ernU+1, 00911 In WwINCUOn .vilh cowl A Lon , M w,th u0efe fnElffveo1i01 ndl m1mmnily 4 wed J"It'rao.IV 141ntned by mu"a'1~1J1 {d;^l, nce~llN t m eonrl/Ctidh week }w b . F ',snai l linnl an as w,00,1nl tot 4's Ir d. li W~dlr lok i 1h1 muniPpab W, 141 od/tlKk tt+aemlwll, a 151 11n 4,U eY C , ! AulhOri/ RepllNn uliYe 2. INlURED'S COPY 4 4 I t S s ` t x . f II PHOO CER 6-6-89_ THIS CENTWICATE M ISSUED AS A MATTER OF MFORMATICN ONLY AND CONFInS ' Weakley and Company NO RIGHTS UPON THE CERTMICAIIHOLDER. THIS CIRrIFICATI DOES NOT AMEND, P. 0. box 516065 Ix7ENO OR ALTIN THE COVERA04 AFFORDED Sr THE POLICII/ ALLOW. Dallas, Texas 75251-6065 COMPANIES AFFORDING COVERAGE lEt1ER COMPANY A Mid-American Indemnity Insurance Company INSURED LETTER NY B COMPANV Latin American Construction Company LETTER C 6115 Denton Drive I Dallas, Texas 75235 L~TER+Y 0 COMPANY LE11ER B THIS )l TO CERTIFV THAT POLICIE/ Of INSURANCE US TED ALLOW HAVE BIEN ISSUEOTO THE INSURCO NAMED ABOVE FOR THE POUCY PIRIOOrelICA1E0. M Ir9»S1V[SO OIAI MIAFIYO►µiRtANa1NE MUI~AIEICEMA%jO Orjy THE POLIC EI S1CµleOCTN~elD HIREIM~ IVRJIC/ 16~ALLPTIOHT TLR N EiCTHIS IUSCN7Nf ~AN9TCOND4 TIONS OF at" POLICIES, r,,I T TYPE OF INS"04CE POLP.Y NUMBER ~CV TInCIM ,pp Er LIABILITY LIMITS aV 14OUSANDS 1 GA T IAW.1aMr1 DM Mr9an'n ADpAf SATI OINlML LIAeRr .A A Om" HE" Im PIGLIS41 12-15-88 12-15-89 rwSOONLY RY s $ PKMSIMPAT04 tMpEgG~lO~p rrp~R tt LVL06N.W i COLIFPSr Nn1AI0 a~W f $ i ~ FTTtwcTSCOMILntoanRArIDNS 07ATTLACTUA1. PAEr4Navt cawT~traRTS a'coui rlD $11000 s 16000 j [ PRDAD FORM MXRTV Othloa ' fl ddb PLA A a t PERSUNAI nwRY 3 1 , 000 „.,~,g A t I>ren AUTOIMOMLI WSATTY-- RSV I !i ANY AUTO n1,64 ALL PINNED AUT(1 rW KtA I = AU "0 AUKS ( AF~Y) MR J 1lR~AT,f.yAlR~ S I IA" AUT01 ry iI "OWTEa AVIV OAAlAOE $ ' I OMUQ L ASIm Aro O axes so LIABILITY LAIMLA A) fN T1 hYM =C' - - : $ - 1 m>eR nun IAAxE1.u RaRN YrOMENS' COMP[N/ArgN STATUTORY Ara S IEACN ACLO(Nq AIM►LOYINS'IIA&WIT $ IOSEA;t POLICY IHArt1~ OfHUI" S IaLswI"LMPLOYtI ' DEICRIPigN CM OPIMTIONS&OCATION"11HICLEWSPECK ITEMS , 4 R.t paoor of 1eSVWC11 I Taxes I . Instruments INOULO ANY OF THAI ABOVE HIC"99 POLICTII N CANCELLID baron THE Ix. John F. Moran PIRATI yy DAYI TNINOTITNI ISIUINO COMPANY WILL,INDIAVOR TO Attni MAIL v OATS WRYTTIN NOTICE TO fH1 CENTWKAf1 NOLOEh NAMED TO INV 8330 LIIJ Freeway, 1.117,8VTFAILURITOMARIUpINOT101/WALNPIMENOONJUTIONORLIASUr1' P.O. Box 6SS303 M98304 OF ANY KIND UPON ?He COMPANYI ITS AUNTS OR PAPUA I ATIVEI, Della, Texas T5265 AUTNORIo AEPA II I I ,I 1 Of / I , iS~E ]A'E•MMiC Cn'h 07/12/89 PRODUCER ~ THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFEAS NO RIGHTS UPON THE CERTIFICATE HOLDER.'NIS CERTIFICATE DOSS NOT AMEND, L. DExon & Associates, Inc. EXTEND OR ALTER THE COVERAGE AFFOA090 NY THE POUGEB BELOW. P. O. 8ox 11440 14 Dallas, Texas 75223 COMPANIES AFFORDING COVERAGE 214.428-5020 COMPANY A LETTER Guaran -I County Hitual Insurance I COMPANY NSUAEo LETTER B I hark ibrres Cba COMPANY Cr . LATIN AFRICAN C) TRLCrI0N CCMRAW - 6115 Denton Drive COMPANY G LETTER Dallas, Texas 75235 COMPANY LETTER THI q TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO THE INSURED NAMED ABOVE FOR THE POLICY PEAIODINOICATEO. NOrW THSTA REM ~ BE SIUED OR MAY P ATA N THE INSURANCCEE , FFORDED BYNTHEAPOLIICCIES DESOCTROR OTHER HEREIN USUBJECT ENT WI TO RESPECT TO WHICH THIS CE I! IANO CONDti 1 TKM OF SUCH POLICIES. x f i `TO IYPE OF INSURANCE POL4y I!TKTNT POUOY NUMBER DAR III Pa4Y JXPMTI(N LIABII.ITY LIMITS IN THOUBANDB y GENERAL LIABR.ITY aTE ~ wwmw A " AOOPEGATE COMPREr4E45M1i FORM ~'Lr ruuar ~PPEMISES7PE AATgNS i [kPEOS i COLLAPSE HAwN o 01 i $ PRODLIETSCOMPLE"a OPERATIONS CONTRACTUAL w A ro MOEPE4DE4T CONTRACTORS COrABINED S $ BROAD FORM PROFERTY DAMAGE J ` PERSONAL INJURY i PERSONAL+WUPY j ' AVTCNAOaILE LIANUrf ANY AUTO N,U j A '.PIA AMpI I ALL OWNED AUTOS IPRIY PAS~SAN! win l ALL OWNED AUTOS (414 R4 T) Rl +ccarr$ . r HIRED 4 -TOS DIANA" j NON-OWNED AUTOS DIANA" OARAO£ LIABKITY +c~h4rlna 8AP - 426146 08/11/88 08/11/89 CNO ID EXCESS UASAJTY $500 LNAeA¢LU Roar a4eroED S $ I OTHER TH4N UMBRELLA FORM WORKERS' COYPVdATION STA rUTOAY I AND j _ ((EACH 4CCDev) EMPLOYERS' UASAM !DISEASE POLCY 0ATI _ i V OTHER IOSEASE EACH EMPLOYEE, ~I A lAVUIM BAP - 426146 08/11/88 08/11/89 $20/40/15 I i A PIP $500 Per rson OESA,PigH OpPERATKNSLOCAT10N5NEHrCI.EySPfCAI rEM9 i I Vehicles: 1969 Chev 1 ton Van #24078 1979 Fbrd 2 1/2 ton Box Truck #0449 City of Denton 7AUTHORIZED ANY OF THE ABOVE DISCRIEED POL011 BE CANCELLED IEFDRI THE EX. 1701 A $ pencer Poad lv Jq DATI THEREOP, THE ISSUING 4040ANY WILL INOEAVOR TO DAYS WRA"IN NOTK4 TO THE CERTIFCATI HDLOEA NAMED TO THE DentoET, Texas 76205 UT FAILURE TO MAIL $LACH NOTK:1 BHALL WOtY NOOILIOATKON OR LULEV" KIND UPON THE COM► Y, ITB AOENTB OR RIPAt BENTATIVlB AEPPESENTA VE AttT Jim Thule J a k A a Y the 1,12~eorgia ,institute of technologo Aark 44, TOrre~ Has attended and satisfactorily passed an examination covering the contents of a continuing education program entitled: f "RESPIRATORY. PROTECTION FOR GENERAL INDUSTRY" ~ - Gert;rir,teNumbu K Ctunt Director We un'A tntor _ I i A. 1 n l T: Y r~ • Y e 00 yoV GEBCO ASSOCIATES ~I Mark A . Tom SSt:,~43 4h 3199 . ~ • , lt~.• QucleaQ~~ C4NC~,lP,~~ t.~C i .f, Contractor/Supervisor Refre.sher/Reaceredtfation Caurso August S, 1988 Update and overview of key aspects of original training, incl641lnR preparatory procedures, decon sinit construction and glovebag procedures. . lid !L4 T, e.~! Jf Gabco's Asbestos-Aalated Training Programs C rN r~ are presented in cooperation with the Texas .L..y'- r Department of Health and the United States j t;eDte orHcer . '`k.. ~S Environmental Protection Acency, and fulfill x " ar ~,/tf~, ,r all requirements for accreditation. j ¢ August S, 1988 5k 41 Date of Issue t k 58030 + . terttrlrate Number V g MI +IkY6Y y ; u ~ ff a AqF * The University of Texas at Arlington Construction Research Center awards this certificate to MARK A, TORRES E I for the successful completion of ASBESTOS ABATEMENT TRAINING PROGRAM ! & HANDS-ON ASBESTOS REMOVAL WUSNOP OCTOBER 20-24U 1986 l1•q W IYMH ManArl r N I YNN OI I,c M S /Y.nldwq lam •Iuq liup r, CEIIfIFICAIE NO, 135 i l - - ~-T w i V ul5p f. LATIN AMERICAN CONSTRUCTION COMPANY f 115 DENTON DRIVE DALLAS, TEXAS 15255 • LICENSED (214) 956-71,11 • BONDED A MINORITY CONTRACTOR • COMME[ICIAI • INSURED • INDUS 11tIAf JOBS COMPLETED AND 1.1 PROGRESS Veterans AdminLatration Iluspital 1/89 Completed Waco, Texas Removal of asbestos pipe Ilenry Bullders Lnsulation Testing by= Ed Henry E.O.S. 214/224-8291 Olin Teague Veterans Hospital 11/88 Completed Temple, Texas Removal of asbestos duct 1 Young Enterprises, Inc. insulation Testing bys 1 111.11 Morrow T.S.P., Inc. 214/423-0122 Enerfin Gas Processing Corp. 9/88 Completed Quitman, Texas Boller insulation Darrel Wanker removal Testing bys 214/818-2232 E.O.S. Carswell Air Force Base 5/86 Completed 1 Strategic Air Command Center Asbestos removal from pt,pe Port Worth, Texas and boiler, and reinsulatlon Testing bys Sgt. Pesoulas E.O.S. 811/182-1191 D.S. Naval Air Station 5/88-10/88 Completed Young Enterprises, inc. Removal of asbestos Grand Prairie, Texas siding and decontamination Testing bys Dill Morrow of contaminated soil E.O.B. 214/423-0122 Mary Kay Cosmetics 4/88 Completed 1330 Regal Row Pipe insulstion removal i Dallas, Texas Testing bys Frnnkse Pourron Garrett t 214/638-6130 Associates Procter d Gambia 3/88 Completed 3026 Lamar llydroliser Asbestos Dallas, Texas Removal and complete tank Tasting bys J. B. Pendleton containment of 30 ft high PTL & AaaeClntnn 214/428-3143 and 15 ft diameter - 04M Veterans Administration Ilosplta_l 3/88 Completed Project No. 549041 Pipe insulation removal 4500 South Lancaster and reinsulatlon Testing bys Dallas, Texas 15216 Garrett 6 Hike Dodd Associates 2[4/312-1020 IIi bland Perk Freeb terLnn Church 2/88 Completed 7821 University Blvd. Pipe insulation removal nallas, Texas 15205 Testing I.y• Ben Johnson Gerald Gnn -,It R 214/51$-1451 Associates, lnr. Traders Oil !2/87 Completed 401 W. Biddison Outside Tanks Fort North, Texas 76101 Anoalte removal Testing by: J. E. Perkins E.O.S. 817/423-4641 Sweetheart Products Corporation 11/87 to 4/88 Completed Fort Howard Paper Company Removal of asbestos, 4444 Nest Ledbetter Drive enclosed in steel Testing by: Dallas, Texas 75236 liners. Maxim Frank Cook Engineering 214/339-3131 Texas A&M 10/87 to Present in Progress Dallas, Texas Removal of ACM Pipe r Scott Unclebach insulation, ceiling, and Testing by: floor the Maxim 214/842-4696 Engineering I I Completed b Gamble 8/81 3026 Lamar Removal of Am field iTesting by$ Dallas, Texas Asbestos from J. 8. Pendleton tanks and removal of Maxim 214/428-5143 A.C.N. from heated Engineering pipes under pressure { 7/81 Completed Gulf Life Building Lincoln Properties 7,860 aq ft of glued on 3013 Cadet Springe ceiling asbestos to sebastos Testing by: Dallas, Texas 75233 insulation and removal of Nagin A.C.N. from piping and Enginnetln h Dennis Campbell 214/521-9915 boilers in mechanical rooms 6 glovebagging ca y of McKinney 3/81 Completed City Hall Removal of Acoustical Testing by: 222 N. Tennessee telling - 23,000 sq, ft. Maxim HcKtnney, Taxes sprayed on Asbestos and Engineering Kyle Sonnenburg Asbestos Pipe Insulation 214/542-1675 in Boller Room 1/8I Completed F,C. Warehouse it Con Reel Support Crnug Removal of A.C.M. frog Testing bye HVAC Network 297 N.W. 25th Street Piping and el rk maxim Grand Prairie, Texas for GSA i onn the Fort e Vo Nottrth, Engineering ' Ron Johnson Archive f 817/923-9067 Texas 12/86 Completed Falkenberg Construction Demolition for Dallas 1011 Denton Drive Testing by, Carrollton, Texse 75006 Power 6 Light, 1550 Commerce, Maxim Bob Falkenberg Dallas, Texas, o of f A.C.N. ineerin 214/242-6998 Removal of Plpe Insulation En8 8 T-W i 1.. ~•0 lI ~ r1 .i(r1{~'r 1 A.r ~,e • • al, e a Ya a r. r ';t r 1 S ,h• ./a 111' •i r f 4 I J' y ` , k I IFI D XVAQTMENTA:0!-.F r~~'n! r '~,1~uL r t'" •_"y a~i 1 • ter" ~•7 1. , ,{'•'~S L. . t ,ry L B ' f ;BE IT~ICN01AW 11AT a .Ft' i a S. r 1 TERdUtb 66- '5696 i-d ? is hereby licensed ind authotetl,fo practice"s - + ,I rr .ice f,•. ~,l r•MH ,'fr. X!~ Ya 1, - r 'r 1 • ii ,r'~+~' r V r •A ~r~ ~T r a r . j 1Pv# « ASBiES~t)tS PRf1J6 T'$UPERY1 OR:,~. V''3 r » ' . ! 1 .~W,N 10 4 V* within the State ofTexas in acco1Aaucewttli'Ardcf8 4477-3a of thi Texas Civil Statutes and Chapter. 25, Sections 289 {s l1- 8V58;'ot thy, exas A'strative Gode,as'weU'as those Federal Regula• lions parts ffiglo the trgt and1he statement of asbestos:'l~i~ li'cen'se shall remain In effect so t l "A 1 ^Y 1l 4 r' f.f ♦ a' M f'r a ' r • ' ~:S long as It is no us►eni orYevo~ke i#ad s re wed accortng Oaw ! , ^ , • i „ 'E~ ~Ni •4 rVY / Y"~f a TY rr•if f,'r wrr '1^frl. • '-6 115 DEnTO ' 1 r fr DALLJIB! TE, A. ~}~f it t r , ,l fS•:. , 1<< • 1 yr J. 1 ' ` r • ' ~i'~ . AF . ~ 4, t S I.n'" ira w r • r y ter,., i. 4,,. L f! ~ a 1 K 1 .`7 ;ft, ~ b~Y .I, 5G' "i,'~.1 'v+,1 'w ~j ' {7y • 77 rir 1 •rc* 'L'h•r tom.: i M• u' Ya • C..•' rt 1 Y i, v , .l .:l ^N ri ~•I, ...tl A. ( 1 'j ,A•; 7 ~r,r, Li v.. ; , w yr •~lJ~ _ jf, f +".!1~.rr}~f ' ' , 'S'A, ° r AAvey ••~~••yl 4 I •x'?^, ? a Y v r t1• k M,^►/4 ~ aR 1ir f~r~`..Y f1 •t .4. '1f r1 !Sf ~oil: IV 14 yTi~•,~ np L ;;r`C } qf ? I r !l i f I Aa / ! w. • r` \ PI ,a h i.•'1 1'!•ir ! t ♦ -41.1 V T, = t y~' • a,r ~y~~'• t'3 ~'f ' fTi~b"e~ a..tl yjt ~,r, r iry.il'a.y a ti, 80-L1 ~w dl.i ~aj~' fl/' ~IY+r!n'.i,•+,71 '~•lAtl •-,s:~~9r(yrj t Certt6cate I3umbee ; r;, r .iest Ofk raIraana Be nch ! , k• > .17 1 f, ,~~'i ~r': N ! ~ t' ' i; f' ! a • 1;~r' C ti' Safety Health 1xviBrlon • w1.~,rj l A. r,.d," r ,ff•. 1 •t',,1{, •'2f Oy ',y 1.1 +.'`~.'+rr), 1 ~ •/•I :Ti1 •.1',~~~I;.`..1f~,+tjr',7'1f' Y.`dYSSi'. `ja ~vJ f • ] r '11 r aX i 1. ~.i.. r a~1'. 1- 1, 1 OCTOBER . H$ "I. P r~ , a I'ft . t• . • J w ~y i , w►r.~l,I . • • d • ~ A . J /y~ 'I~f' : , f 1: Date of 13sue 1. ,,II a ~y! , 'A Robert R'n A't.D.r F.l1yy Cr.P' ~ e, F't of r, •il'• 1 C X; j f, a' ! \ • r ~Y h. i egt q~" f , aI~"t •t•~ maum ner of Health . : 4, r rl '7 'fir. , ! ' Y 4, 'i•?4. lyn• i f a.f40-.e I I~r1,. t ~~Y J • ' r ; 7,' f "C°~r/ 711 a] 1 • •rS 'N 'fI • 'r( .,a it ,•,'r' .1 ` 1 ~ 11 Il r Invalid without curre.T finual renewai card. Non-Transferable f1~• 4 III,` I I 1 ~I i I i 4 fff Y L-L I1 1 ■ I ~1 I I ICI I 1 I I I I I I~ 1 l 1 t ! A F CITY of DENTON, TEXAS MUNICIPAL BUfL,7ING / DENTON, TEXAS 76201 1 TELEPHONE (817) 566-8200 MEMOPANDUM i DATE: August 31, 1989 1 TO: Rick Svehla, Deputy City Manager j FROM: Jerry Clark, City Engineer ~ i SUBJEC'T': McKinney Street Speed Zoning K'e have submitted the revised speed zoning ordinance for { McKinney Street for City Council approval. The ordinance has only one change which is in front of Mack Park. That was reduced to 35 mph from the 40 mph previously suvmitted. f yi Radar shots in the area show speeds averaging 41 mph so the 35 f mph is the maximum allowable of 7 mph below actual according to State Department of Highway and Public T'ranspcrtation speed zoning regulations. Please advise if you need further information to pass this 1 urgently needed ordinance. 0733E A LJ r l i' I y 1 MINUTES Citizens Traffic Safety Support Commission April 4, 1988 PRESENT: Doug Chadwick, Bruce Chamberlain, John Tompkins, Gilbert Bernstein, Virginia Gallian, Mike Amador, Gene Gohlke, hayne Autrey and Vivian Edwards, Chairperson ` STAFF: Paul Iwuchukwu, Traffic Engineer Associate I' Joe Thompson, Airport Manager/Traffic Supervisor Captain Jim Dotson, Police Department Manual Coronado, Traffic Foreman ' ITEM it APPROVAL OF MARCH 7, 1988 MINUTES: The meeting was called to order at 5:30 p.m. on Monday April 4, 1988 by Vivian Edwards. Virginia Gallian made a motion to approve the minutes as written. John Tompkins seconded the motion. Motion I passed unanimously. j ITEM 02 SPEED ZONE OF FM 426 (MCKINNEY RD): Paul Iwuchukwu presented the request. He said the ` State Department of Highways and Public Ir Transportation had zoned FM 426 for speed beginning h at the intersection of US 77 northbound (Locust Street) to the East City Limits. The zoning is as follows: (a) Beginning at the intersection of US 77 northbound (Locust street) thence continuing in an easterly direction along FM 426 for a ik distance of 1.000 mile, approximately, a maximum speed of 30 miles per hour; (b) Thence continuing along FM 426 in an easterly direction for a distance of 0.200 miles, approximately, a maximum speed of 40 miles per hour; I (c) Thence continuing along FM 426 in an easterly direction for a distance of 1.620 miles, approximately, a maximum speed of 45 miles per hour; (d) Thence continuing along FM 426 in an easterly direction for a distance of 2.331 miles, j approximately, said point being at Denton east city limits, a maximum speed of 55 miles per hour. I~ j I s CTSSC Minutes April 4, 1988 page 2 t The result of the studies suggests that the recommended speeds do not vary significantly from the speeds at which the normal and prudent driver will drive under the existing conditions. Staff recommends approval. Virginia Gallian made a motion to accept staff recommendation. Mike Amador seconded the motion. Motion carried. ITEM 13 MULTI-hAY STOP AT AVENUE E AND CHESTNUT STREET N C ON: Paul Iwuchukwu presented the request. He said this three-way stop sign request was made by the Chief of Police at North Texas State University. They consider that a dangerous intersection. One of the { reasons for the request is that a residence hall (best hall) is located near that intersection and hundreds of students cross there daily. Another reason for the request, they say, is that Chestnut street is one of the primary routes taken by people leaving several parking lots within the general area. s Staff has completed a traffic study of 4-way stop warrants for that intersection. Staff found that it meets warrants. The State requirement stipulates that a minimum of SUO vehicles (average) per hour should be recorded for total number of vehicles entering the intersection for any 8 hours of an average day. The eight hours average for the intersection is 650 vehicles per hour. Staff recommend:, approval for the use of multi-way stop signs to control traffic at the intersection of Avenue E and Chestnut street. Virginia Gallian asked if this was projected in the previous traffic study. Paul Iwuchukwu said it was not. Most of the traffic using Avenue C was diverted to Avenue E impacting the problem. Mike Amador said 3-way stop signs had been used during construction and were effective. Captain Jim Dotson said the stop signs would help pedestrians crossing and there should be no problem in enforcing it. Paul Iwuchukwu said NTSU in their request asked for a i temporary stop sign to be removed at 7:00 p.m. but that would be hard to enforce. I Jf t s Y; - CTS MEMO Aufu C 1, 1969 page t rive will be 30 feet. This will happen when t acent lot is built on. We agree with this p losophy and recommend that approval also b subject to petitioner's acceptance of this dition. Staf ecommends approval subject to abov isted Condit ns. ITEM 16 RE UEST R "NO PARKING" ON SOME AREA EFTS BY THE H The Univers y of North Texas is re sting ordinance for No Parki on the section of t following streets betwe Welch Street and nand Street.: MulberEX - o the south sid the north side Is a rea y "No rking"; S camore on t south de, the north side Is a rea y'"No Park g"; Highland - both si Maple On the nor ide only Other no parking req is elude the following street sections bet n Ave e D and Avenue E: Chestnut - no side, the south side is already Noarsing"• nd, Edwards - th side, the sou side is already "No Parrki " Except for wards Street, all these ther streets would bet serve the general public f parking Is allowed one side. -These streets wo d be too wide for two- ne, two-way traffic if parkin Is removed on bot ides. Such situations lead to o erespeeding on th art of vehicular traffic and also improper lane Ilization. The end result is more a idents esp sally rear-end colissions and side-swip g. P S ff would support whatever decision the Comm sion es regarding this request. Staff has no ecommendation. ` ITEM 07 'REQUEST OR SPEED20NING OF MCKINNEY STREET FM 426 This request was originally approved by the Commission on the April 40 1988 meeting. A City Council action sent it back to the Commission to I i I I I I r k ' ti 1 CTSSC MEMO August 1, 1989 page 4 1 consider extending the 40 mph section beyond Mack Park. This was done on the October 31, 1986 meeting. Because of observed substantial pedestrian activity, especially school children crossing McKinney in the Mack Park area to attend Robert E. Lee Elementary School, a subsequent council action (June 13, 1989, Council meeting) has recommended that the Traffic Safety Commission consider reducing the speed on the 40 mph section to 35 mph. Staff is recommending that the 40 mph section on ilk McKinney Street (from Jannie Street to Mack Drive) be reduced to 3S mph. The new speedzoning will read as follows: (a) Beginning at the intersection of US 77 northbound (Locust Street) thence continuing in an easterly direction along FM 426 for a distance of 1.000 mile, approximately, a jaximum speed of 30 miles per hour; (b) Thence continuing along FM 426 in an easterly direction for a distance of .51S miles, approximately, a maximum speed of 35 miles per hour; (c) Thence continuing along 1426 in an easterly direction for a distance 1,305 miles, a pproximatelyt a maximum eed of 45 miles per hour; (d) Thence continuing along FM 426 in an easterly direction for a distance of 2.331 sliest cityolimits,ya msaid aximumispeedio8gf 55 milesnpershour. Staff recommends approval. ITEM 18 REQUEST FOR NO PARKING ON CORDELL STREET: Residents of Cordell Street are requesting ordinance for no parking on both sides of Cordell between Crescent Street and Fulton Street. They say that currently vehicles park on both sides of the street making two-way traffic almost Impossible. Because E there is no sidewalk, pedestrians and bicyclists, who are mostly school children, also crowd into the street competing for right-of-way with two-way vehicular traffic. The U.S. Postal Services people E also have problems delivering mail. For all the above reasons, these Cordell Street residents are e Y t i N0. AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON STATE HIGHWAY FM 426 (MCKINNEY ROAD) FROM NORTHBOUND U.S. HIGHWAY 77 (LOCUST STREET) TO EASTERN CITY LIMITS FOR A DISTANCE OF 5.151 MILES, PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO, HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION it That based upon an engineering and traffic investigation heretofore made as authorized by the provisions the Tex. Rev. Civ. Stat. Ann., art. 6701d 5169 (Vernon 1977), following speed limits are hereby determined and declared to be prima facie the maximum reasonable and safe speeds for east and west bound traffic on State Highway F.M. 426 from northbound U.S. Highway 77 to the eastern city limits, and such speed limits are hereby fixed for vehicles travelling upon the following portions of Highway, and parts thereof: (a) nBeginning at the orthbound (Locustintersection Street) i thence continuing in v an easterly direction along F.M. 426 for a distance of 1.000 mile, approximately, a maximum speed of 30 miles per hour; a b) Thence continuing along F.M. 426 in an easterly ( direction for a distance of .515 miles, approxi- mately, a maximum speed of 35 miles per hour; (c) Thence continuing along F.M. 426 in an easterly + direction for a distance of 1.305 miles, approxi- mately, a maximum speed of 45 miles per hour; (d) Thence continuing along F.M. 426 in an easterly i direction for a distance of 2.331 miles, app mately, said point being at Denton east city limits, a maximum speed of 55 miles per hour. h SECTION-ILL That any person viola+-ing any of the provisions of this ordinance shall; upon conviction, be fined a sum not exceeding Two Hundred dollars ($200.00); and each day and every day that the provisions of this ordinance are violated shall to and constitute a offense. separate medies i as penalty may be available tat slaw and ~ cumulative of, , any any other e j equity. I I I I I c ' r 7 1 NO. AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON STATE HIGHWAY FM 426 (MCKINNEY ROAD) FROM NORTHBOUND U.S. HIGHWAY 77 (LOCUST STREET) TO EASTERN CITY LIMITS FOR A DISTANCE OF 5.151 MILES; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED i DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That based upon an engineering and traffic investigation heretofore nade as authorized by the provisions of Tex. Rev. Civ. Stat. Ann., art. 6701d 1169 (Vernon 1977), the following speed limits are hereby determined and declared to be prima facie the maximum reasonable and safe speeds for east and j west bound traffic on State Highway F.M. 426 from northbound U.S. Highway 77 to the eastern city limits, and such speed limits are i hereby fixed for vehicles travelling upon the following portions of Highway, and parts thereof: (a) Beginning at the intersection of U.S. Highway 77 I northbound (Locust Street) thence continuing in an easterly direction along F.M. 426 for a distance of 1.000 mile, approximately, a maximum speed of 30 miles per hour; (b) Thence continuing along F.M. 426 in an easterly direction for a distance of .515 miles, approxi- mately, a maximum speed of 35 miles per hour; (c) Thence continuing along F.M. 426 in an easterly direction for a distance of 1.305 miles, approxi- mately, a maximum speed of 45 miles per hour; (d) Thence continuing along F.M. 426 in an easter' direction for a distance of 2.331 miles, approxs mately, said point being at Denton east city limits, a maximum speed of 55 miles per hour. SECTION II. That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred dollars ($200.00)1 and each day and every day that the provisions of this ordinance are violated shall constitute a separate offense. This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity. s i i i i y SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City council of the city of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance 1 to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. I RAY STEPHENS, MAYOR 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY -229.SPE I ! f i ' i f 9 i a r ~0 1 r ~ a ~ r•' i 11 ~ , r it r ( II V I I1 mw ! G r' f? ff r I 1 II 1 I I I I 1{}f` E``I l 1 DATE: 9/5/89 TO: Mayor and Members of the City Council FROM., Lloyd V. Harrell, City Manager + SUBJ: Approval of a funding agreement between the City of Denton and Friends of the Family for the expenditure of Emergency Shelter Grant Program funding in the amount of $72,800.00. RECOMM~DATION: Staff recommends approval. BACK"-&p; N/A SUMMARY: The City has contracted with the Texas Department 1 of Community Affairs to expend $82,800 in ESOP funds. The $72,800 allocated to Friends of the Family will renovate the shelter, furnishings and pay some operatingpcosts8e new i ~ P34ti.4RAMS• DEPARTMENT,~{~~~~~ TEPi Community Development Staff will be working with Friends of the Family to complete the project. FISCAL, IMPAC-L: CDBG administration accounts will absorb all costs. Respec Ily subm t ed: Lloyd Harrel City Manager FropAred by: Barbara Rose Community Development Coordinator I E Approved: ~f ~~J f i Frank Rob Y ` - - s A I C P J Executive Director for Planning a Development I I I 2764L ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRIENDS OF THE FAMILY, INC., TO PROVIDE ASSISTANCE FOR ABUSED WOMEN AND CHILDREN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute an agreement between the City of Denton and Friends of the Family, Inc., to provide assistance for 0used women and children, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expen -cure of funds not to exceed Seventy-two Thousand Eight Hundred ($72,800) Dollars. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. j PASSED AND APPROVED this the day of , 1989. f RAY E MAYOR ATTEST: JENNIFER WALTERSO CITY SECRETARY ~I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: 1 S 2758L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON AND FRIENDS OF THE FAMILY § This Contract and agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to Ordinance dated hereinafter referred to as CITY, j Friends o the am yTnc., a non-profit corporation with offices at 1505 N. Elm, Denton, Texas 76201 hereinafter referred to as CONTRACTOR. WHEREAS, the CITY has received certain funds from the Texas Department of Community Affairs ("TDCA"), under the Stewart B. McKinney Homeless Assistance Act; and; J WHEREAS, the CITY has designated the Planning and Community a Development Department as the department responsible for the qq administration of this contract and all matters pertaining thereto, and; WHEREAS, the CITY wishes to engage the CONTRACTOR to carry out such project; 14OW THEREFORE; the parties hereto severally and collectively agree, ani by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described. I. TERM This Contract shall commence on or as of August 1, 1989, and shall terminate on July 31, 1990; unless extended by mutual agreement. II. RESPONSIBILITIES The CONTRACTOR hereby accepts the responsibility for the performance of all services and activities, in a satisfactory and ` I I ~4 1 I efficient manner as determined by the CITY, in accordance with the terms herein. The CITY will consider the CONTRACTOR'S executive officer to be the CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is J received from the CONTRACTOR, and approved by the CITY. The ! Executive representative, will ibe Director CITY's arepresentative /responsibleafor the administration of this contract. III. { CITY'S OBLIGATION f A. Limit of Liability. In consideration of full compliance with the provisions of this Contract by CONTRACTOR, the CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of EXHIBIT "A". Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by ! the CITY hereunder shall not exceed the sum of $72,800.00. i i B. (1) It is expressly understood and agreed by the parties hereto, that the CITY 's obligations under this Section are i contingent upon the actual receipt of adequate Emergency Shelter v Grant Program ("ESGP") funds from the TDCA to meet the CITY's liabilities under this Contract. If adequate funds are not available to make payments under this Contract, the CITY shall notify CONTRACTOR in writing within a reasonable time after such ! fact has been determined. The CITY may, at. its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Contract. If ESGP funds eligible for use for purposes of this Contract are reduced, the CITY shall not be liable for further payments due to CONTRACTOR under this Contract, i (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) The CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to # payment or reimbursement, from any other source; + PAGE 2 f i i (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; (4) The CITY shall not be obligated or liable tinder this Contract to any party other than the CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAI. LAWS i A. The CONTRACTOR understands that funds provided to it pursuant to this Contract and agreement are funds which have been made available to the CITY by the State Government under the Stewart B. McKinney Homeless Assistance Act, Title IV of P.I. 100-77 and the McKinney Amendment Act, (P.L. 100-628), as j amended, in accordance with an approved Grant Application and specific assurances. Accordingly, the CONTRACTOR assures and certifies that it will comply with the requirements of the McKinney Act, as amended and with regulations promulgated thereunder, and codified at 24 CFR, which in no way is meant to constitute a complete compilation of all duties imposed upon the CONTRACTOR by law or administrative ruling, or to narrow the standards which the CONTRACTOR mr follow. The CONTRACTOR further . cures and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify the CITY, as provided in Section XXIII. D. of this Contract. B. The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the State of Texas and the City of Denton. C. CONTRACTOR shall make known that use of the facilities and services funded under this Contract are available to all on a non-discriminatory basi&. CONTRACTOR shall implement procedures designed to make available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a handicap. CONTRACTOR shall ' administer, in good faith, a policy designed to ensure that its homeless facility is free from the illegal use, possession or distribution of drugs or alcohol. PAGE 3 I V i V. REPRESENTATIONS A. The CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of the CONTRACTOR, do hereby warrant and guarantee that he/she, or they, have been fully authorized by the CONTRACTOR to execute this Contract on behalf of the CONTRACTOR and to validly and legally bind the CONTRACTOR to all terms, performances an3 provisions herein set forth. C. The CITY shall have the right, at its option, to either as tomthentlegal erauthority iof Ceithert the there temporar l a disend CONTRACTOR or the person signing the Contract to enter into this Contract. The CONTRACTOR is liable to the CITY for any money it has received from the CIT1 for performance of the provisions of j this Contract if the CITY has suspended or terminated this Contract for the reasons enumerated in this Section. i D. The CONTRACTOR agrees that the funds and resources provided the CONTRACTOR under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other executed. through, benefits his Contract not been to, or the CONTRACTOR had VI. PERFORMANCE BY CONTRACTOR The CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the budget attached hereto and incorporated herein for all purposes as Exhibit "A," utilizing the funds described and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory per- of the program, as determyanby the CITY and in formance d requirements of accordance with all other terms, provisions this Contract. No modifications or alterations may be made in the budget without the prior written approval of the City's Executive e PAGE 4 i S f Director of Planning and Development, or his/her authorized representative. VII. PAYMENTS TO CONTRACTOR A. In consideration of CONTRACTOR'S use of the funds appropriated under this Contract, CITY shall, in compliance with legal requirements, purchase the items listed in Exhibit "A" for CONTRACTOR'S use in refurbishing its shelter. B. Insurance and Utilities. CITY shall pay CONTRACTOR'S insurance premiums an the ut ties for the shelter premises for a period of one year. Should the utilities bill for the j twelve month period beginning with the execution of this contract be less than $7,200, CONTRACTOR shall return the difference to CITY. VIII. J OWNERSHIP OF PROPERTY All equipment must be purchased by the CITY's Purchasing Department through the Community Development Office. Equipment or major non-recurring expenses ($200.00 or more) may not be purchased without written consent of the CITY during the last four months of this Contract. Written notification must be received by the CITY within five i (5) calendar days of delivery of non-expendable property in order for the CITY to effect identification and recording for inventory purposes. The CONTRACTOR shall maintain adequate accountability and control over such property, shall maintain adequate property records, and perform an annual physical inventory. i Ownership title to all capital acquisitions purchased under this Contract is vested with the CITY, and transfer of titla of such property shall pass to CONTRACTOR upon compliance with the requirements of Section IX. G. of this Contract. I WARRANTIES The CONTRACTOR represents and warrants that: E A. All information, reports and data heretofore or hereafter F I PAGE 5 1 { -F WNW I requested by the CITY and furnished to the CITY, is complete and accurate as of the date shown on the information, data, or report, and since that date have not undergone any significant change without written notice to the CITY. B. Any supporting financial statements heretofore requested by the CITY and furnished to the CITY, are complete, accurate and fairly reflect the financial condition of the CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that, since said date, there has been no material change, adverse or otherwise, in the financial condition of the CONTRACTOR. C. No litigation or proceedings are presently pending or threatened against the CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which the CONTRACTOR is doing business or with the provisions of any existing indenture or E agreement of the CONTRACTOR. E. The CONTRACTOR has the power to enter into this Contract i and accept payments hereunder, and has taken all necessary action { to authorize such acceptance under the terms and conditions of this Contract. F. None of the assets of the CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by the CONTRACTOR to the CITY. The CONTRACTOR shall maintain theeefshelter fectivef date eofyththe is homeless for three (3) years contract. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. COVENANTS g During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, the CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Developmant or his/her wuthorized representative: i PAGE 6 I A. Mortgnge, pledge, or otherwise encumber or suffer to be encumbered, :.ny of the assets of the CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of the CONTRACTOR which are allocated to the performance of this Contract and with respect to which the CITY has ownership hereunder. I B. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. r C. Sell, convey, or lease all or substantial part of its assets. i D. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or ac::)mmodation endorser. E. Agrees to provide an amount of funds equal to the amount provided by the CITY (CONTRACTOR's Match) during the term of this i Contract. This amount shall include $72,800 paid in salaries to E CONTRACTOR's employees. CONTRACTOR certifies that these funds were not used to match funds for a previous ESGP. i I ' XI. PROGRAM INCOME A. The CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. B. It is the CONTRACTOR'S responsibility to obtain from the CITY a prior eetermination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, constitutes program income. The CONTRACTOR is respon- sible to the CITY for the repayment of any and all amounts determined by the CITY to be program income, unless otherwise approved in writing by the CITY. XII. E MAINTENANCE OF RECORDS A. The CONTRACTOR agrees to retain all books, records, j de^.uments, reports, and written accounting policies and pro- PAGE 7 T-W 4 r t' i P, k cedures pertaining to the operation of programs under this Contract for the period of time and under the conditions specified by the CITY. B. Nothing in the above subsections shall be construed to relieve tl,e CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. C. At any reasonable time and as often as the CITY may deem necessary, the CONTRACTOR shall make available to the CITY, TDCA, or any of their authorized representatives, all of its records and shall permit the CITY, TDCA, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employ- ment and all other data requested by said representatives. j XIII. i REPORTS AND INFORMATION At such times and in such form as the CITY may require, the { f CONTRACTOR shall furnish such statements, records, data and j information as the CITY may request and deem pertinent to matters i 1 covered by this Contract. Regular performance reports, shall be submitted to the CITY N by the CONTRACTOR no later than once each three months, com- mencing November 1, 1989. The performance report shall detail I client information, number of assisted women and children, including race, income and other such statistics as required by CITY. The CONTRACTOR agrees to gather information and data i relative to all programmatic and financial reporting as of the beginning date specified in Section 11 and furnish to CITY bi-monthly of all income received and funds expended. I X1V. I MONITORING AND EVALUATION A. The CITY shall perform on-site monitoring of CONTRACTOR's performance under this Contract. B. The C!);4TRACTOR agrees that the . CITY may carry out k monitoring and evaluation activities to ensure adherence by the CONTRACTOR to the Work Statement, and Program Goals and Objec- i i i PAGE 8 y - T-ff tives, which are attached hereto as "Exhibit A," as well as other provisions of this Contract. C. The CONTRACTOR agrees to cooperate fully with the CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by the CITY to be neces- sary for the CITY to effectively fulfill its monitoring and evaluation responsibilities. D. The CON'T'RACTOR agrees to cooperate in such a way so as not to obstruct or delay the CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. Copies of any fiscal, management, or audit reports by any of the CONTRACTOR's funding or regulatory bodies will be submit- ted to the CITY within five (5) working days of receipt by the CONTRACTOR. XV. DIRECTORS' MEETINGS i During the term of this Contract, the CONTRACTOR shall cause to be delivered to the CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the CITY in a timely manner to y ive adequate notice, and shell include an agenda and a brief description of the matters to be discussed. CONTRACTOR under- stands and I agrees of Directraep meetings. shall be afforded access to all Board Minutes of all meetings of the CONTRACTOR's governing body shall be submitted to the CITY within ten (10) working days of approval. XVI. INSURANCE A. The CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coversgg0 for projects under this Contract. These requirements are in addition to the insurance coverages specified in Exhibit "A." B. The premises on and in which the activities described in I PAGE 9 r i I I V i the Work Statement, "Exhibit A," are conducted, and the employees conducting these activities, shall be covered by premise lia- bility insurance, commonly referred to as "Owner/ Tenant" coverage with the CITY named as an additional insured. Upon request of the CONTRACTOR, the CITY may, at its sole discretion, approve alternate insurance coverage arrangements. j C. The CONTRACTOR will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. ' D. All non-expendable property acquired under the provisions of this Contract must be adequately insured against fire, theft, and loss, with tho CITY named as co-insured. i E. The CONTRACTOR will maintain adsquate and continuous liability insuranca on all vehicles owned, leased or operated by the CONTRACTOR. All employees of the CONTRACTOR who drive a vehicle in the normal scope and course of their employment must possess a valid Texas drivers' license and liability insurance. ` Evidence of the employees current possession of a valid license and insurance must be maintained on a current basis in the CONTRACTOR'S files. F. Actual losses not covered by insurance as required by 9 this Section are not allowable costs under this Contract, and , remain the sole responsibility of the CONTRACTOR. XVII EQUAL OPPORTUNITY A. CONTRACTOR will submit foY CITY approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Contract. f 8. CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. The CONTRACTOR will furnish all information and reports requested by the CITY and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal ryles and regulations. D. In the event of the CONTRACTOR's non-compliance with the I PAGE 10 I ~I I / { T~W -W V i 5 non-dt-crimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the CONTRACTOR may be barred from further contracts with the CITY. XVIII 1 PERSONNEL POLICIES personnel policies shall be established by the CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than the CITY's personnel policies procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and i B. Be in writing and shall be approved by the governing body of the CONTRACTOR and by the CITY. XIX. CONFLICT OF INTEREST w !I A. The CONTRACTOR covenants that neither it nor any member ~ of its governing body presently has any interest, direct or { indirect, which would conflict in any manner or degree with the , j performance of services required to be performed under this Contract. The CONTRACTOR further covenants that in the per- formance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body, B. The CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by destro for private gain for himself, or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the CONTRACTOR and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which, affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or I i i PACE 11 J J t{ r i.... y 'VIII + I I ?ik[ a i (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. XX. NEPOTISM CONTRACTOR shall not employ in any paid capacity, any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, f half-brother and half-sister. XXI. POLITICAL OR SECRETARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by the CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final { content of legislation. ' B. None of the performance rendered hereunder shall involve, k and no portion of the funds received by the CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or re- ligious facility or activity. XXII. FUNDING APPLICATIONS The CONTRACTOR agrees to notify the CITY each time the CONTRACTOR is preparing or submitting any application for funding. Tne following procedures must be adhered to: A. When the application is in the planning stages, a description of the funds being applied for, and proposed use of 1 funds, must be submitted by the CONTRACTOR to the CITY. If B. Upon award of or notice of award, whichever is sooner, PAGE 12 J Ir low ) the CONTRACTOR shall notify the CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to the CITY, in writing, within ten (10) working days of receipt of the awa copies of theabudget,fprogram descriptiopONTRACcontracogether with notic C. The CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior written consent of the CITY. XXIII. CHANGES AND AMENDMENTS A. Any change in the terms of this Contract shall be by amendment hereto in writing and executed by both parties hereto, I except when the terms of this Contract expressly provide that another method shall be used. 1 B. CONTRACTOR will submit revised budget and program I 's information, whenever the le -al of funding for the CONTRACTOR or the program(s) described herein is altered according to the total I levels contained in any portion of Exhibit "A". C. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modifications are to be automatically incorporated into this the slaw effecti effective date e spand shall ecified bybecome part of the Contract written the amendment or regulation. D. The CITY may, from time to time during the term of the - Contract, request changes in the Work Statement, Exhibit "A," + which may include an increase or decrease in the amount of the I section Arof ethis CONTRACTOR's compensation. 'ame amendment hereto, Sashprchanges ovided ins shall Section. E. Any alterations, deletions, or~addi to shall Crequire ' BudBet Detail incorporated in Exhibit A, Budget, the prior written approval of the CITY. personnel CONTRACTOR or governing shall board compositionClTY of any changes in s l PAGE 13 I rr low A , t } Y r G. It is expressly understood that neither the performance of the Budget, Exhibit "A," for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXIV. SUSPENSION OF FUND114G Upon determination by the CITY of the CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, the CITY, without limiting any rights it may otherwise have, may at its discretion, and upon ten (10) worl,ing days written notice to the CONTRACTOR, withhold further payments to the CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event I ahall it exceed thirty (30) calendar days. At the end of the I suspension period, if the CITY determines the default or defi- ciency has been satisfied, the CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, the CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated. XXV. TERMINATION .i A. The CITY may terminate this Contract with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any ` prescribed period of suspension as provided in Section XXIV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by the CITY that the CONTRACTOR: PAGE 14 I I + 'I t (a) is in such ounder nthis Contract; ion as to endanger performance (b) shas tantiallyaexceeding reasonable requirements; sub- stantially is delinquent in payment of taxes, or of costs of performance of this' Contract in the ordinary course of business. Appointment of a trustee, receiver or liquidator for (5) art of the CONTRACTOR's property, or in- rrangement of or sall or titution subosftantial bankruPtcy reorganization, TRACTOR. , by or against the CON I` liquidation proceedings T i j (6) CONTRACTOR'S inability to conform to changes require j I by Federal, State and local laws and/or rein lation ct as provided Contra. in Section IV, and Section XXII1.(0)., (7) The commission of an act of bankruptcy. (g) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shell be bound under the terms o the Contract. The CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. B. The CITY may terminate this Contract for convenience at ` any time. If this Contract is terminated by the CITY for con- venience, the CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of tal tcompeion as othe to hithe compensa to termination. the nsamee ratio will which erformed bears to the total services of the services actually CONTRACTOR covered b py the Contract, less payments previously made. I C. The CONTRACTOR may terminate this Contract in whole or in ooutsid6 part, by written notice to the CITY, if a termination of rmance funding occurs upon which the CONTRACTwithin ethe limitations the hereunder. The CONTRACTOR CTan lternative funding source, this Contract, to rovtded the termination b j outside approval of the CITY, p breach of contract as funding source was not occasioned by a in question contract between the CONTRACTOR deithe fherein undingosource defined and PAGE 15 LI/ T -P i u E The CONTRACTOR may terminate this Contract upon the dissolution of the CONTRACTOR organization not occasioned by a breach of this Contract. li. D. Upon receipt of notice to terminate, the CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding ordero or subcontracts which relate to the performance of this Contract. The CITY shall not be liable to the CONTRACTOR or CONTRACTOR's creditors for ay, expenses, encumbrances or obligations what- soever incurred er the termination date. r _ \ E. Notwithstanding any exercise by the CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of ' liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by CONTRACTOR, and the CITY may withhold any reimbursement to the CONTRACTOR until such time as the exact amount of damages due to the CITY from CONTRACTOR is agreed upon or otherwise determined. XXVI. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign ! this Contract or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of the CITY. 8. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remainder shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In the event that any claim demand, suit or other action is made or brought by any person(s~, firm, corporation or other entity against the CONTRACTOR, CONTRACTOR shall give written notice thereof to the CITY within two (2) working days after IF being notified of such claim, demand, suit or other action. Such notice shall state the date and hoer of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of J action or proceeding, the basis of such claim, action or pro- ceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. I I PAGE 16 s 3 , y D, In no event shall any payment to the CONTRACTOR here- under, or any other act or failure of the CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any wsy to be a waiver by the CITY of any breach of covenant or default which may then or subsequently be committed by the CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy' available to the CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of the CITY may waive the effect of this provision. E. This Contract, together with referenced exhibits and r attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, under- standing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever, nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an addendum to, or amendment of, this Contract. F. In the eve^t any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, the CITY as the party ultimately responsible to HUD and TDCA for matters of compliance, will have the final authority to render or to secure an interpre- tation. G. For purposes of this Contract, all official communi- cations and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below: TO THE CITY: TO CONTRACTORS: City Manager Director City of Denton FRIENDS OF THE FAMILY 215 E. McKinney St. 1505 N. Elm Denton, Texas 76201 Denton, Texas 76201 11 I PAGE 17 c i XXVII. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that the CITY is contracting with the CONTRACTOR as an independent contractor and that as such, the CONTRACTOR shall save and hold the CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of the CONTRACTOR. B. CONTRACTOR agrees to Provide the defense for, and to indemnify and hold harmless the CITY its agents, employees, or contractors from any and -ill claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent cauve by the willful act or omission of the CITY, its agents, employees, or contractors. IN WITNESS OF WHICH this Agreement has been executed on this j the day of 19._.. i CITY OF DENTON r ~I BY: LLOYD V. HARRELL ATTEST: h I JENNIFER WALTERS~ CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: Z PAGE 18 17 i FRIENDS OF THE FAMILY BY: BOARD PRESIDENT ATTEST. 1 BOMD SECRETARY I I i C I PAGE 19 I 4 . ti ATTACHMENT Ila 5 RENOVATIONS FOR DENTON COUNTY FRIENDS OF THE FAMILY Rehabilitation of Denton Shelters 1. Painting interior walls in living room, den/dining area, front entry, 3 offices, I bath o 1 office, kitchen, 3bathrooms, stairwell, and 2nbedrooms wallpaper for $1,500 111 2. New carpet for 4 bedrooms, hallway, 1. office, and tile flooring for kitchen and dining area $5,000 3. Renovation of kitchen Enlarge area of kitchen to incorporate 2 small pantry areas, replace all cabinets, construct center work-stove island, and build walk-in pantry closet and cleaning supply cabinet. Includes purchase of industrial- ~A 1 sized appliancesr dishwasher-sanitizarl electric stove[ new double sink dadeqiuspoesawiltrmiicrowave) ice rforv kitchen maker; applianceslelectrical Boosterncentralluga heating and air conditioning for kitchen area $20,000 4. Purchase of security system to provide 2 surveillance cameras, monitors, and intercom outside garage door entry and on eve of house to protect women and children and provide better surveillance capabilities. $6,000 i 5. One year of shelter rent $ 9,600 6. Utilities expense, average 3600/month, for 1 year $ 7,200 7. Insurance 1 I' $ 3,500 i 8. Furnishingst , 2 hide-a-bed sofas for eme.gency overflow in living room =20+000 j 10 trundle beds 4 dressers 4 portable clothes closets 3 desks for offices 2 typewriters for clients to use for skill-building and to prepare resumes 4 living room chairs 2 dining room suits ' 4 baby bads 1 VCR and TV monitor used for educational purposes for battered women and abused children in therapeutic groups $72,800 1 1 I 5 8 P WORK,STATEMENT FRIENDS OF THE FAMILY 1 GOAL: To provide crisis services to victims of family violence and sexual assault. To increase public awareness of these problems. OBJECTIVES: To provide safe shelter to battered women and their children. + 4 To prevent potential abuse. 1 To educate the public regarding the problem of family violence. To act as an advocate for victims of family violence. To provide immediate assistance to those in need i through access to a crisis hot line. To provide continuing assistance to victims of family violence through outreach and follow-up J services. 1 To provide individual and group counseling. I To provide nurturing home-based family support services. 1 r I 1 s a ; I I I i j I i ~KN• tilbrl.~ ~~14 yi ~`ilvu ~B ~V x \ ciryof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (917)568.8307 Office of the City Meneger M E M O R A N D U M 1 TO: Mayor and Members of the City Council FROM: Betty Williams, Deputy City Secretary DATE: September 1, 1989 SUBJECT: ANIMAL SHELTER ADVISORY COMMITTEE + 1 Back-up for the Animal Shelter Advisory committee is under the work session item. Betty Wi 1 ams 4687M/bw 1 i f f i A i Z 1 , I I ~ t J I II r i E x NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 4-5 OF j THE CODE OF ORDINANCES; ESTABLISHING THE ANIMAL SHELTER ADVISORY I COMMITTEE; PRESCRIBING THE DUTIES THEREFOR; PRESCRIBING QUALIFICATIONS AND TERMS OF OFFICE: RENUMBERING THE REMAINING SECTIONS OF ARTICLE I OF CHAPTER 4 OF THE CODE; AND PROVIDING AN EFFECTIVE DATE. WHiREAS, the 71st Legislature of the State of Texas enacted I H.B.2379 which became effective September 1, 1989, and amends Article 4477-6b, V.T.C.S. to require the governing body to appoint an advisory committee to assist in complying with the requiremunte of the Animal Shelter Act; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: I ~ SECTION 1. That Section 4-5 and 4-6 of Code of Ordinances are hereby amended to read as follows: i ~ Section 4-5. Animal Shelter Advisory committee - creation. i (a) There is hereby established and created the Animal Shelter Advisory Committee to be composed of members, who shall meet the following qualifications: (1) one licensed veterinarian; (2) one city official; (3) one person whose duties include the daily operation of an animal shelter; - (4) one representative of an animal welfare organization; and (5) I (b) Each member shell serve a term of office of two years from the date of his appointment provided that when the original committee is appointed, _ rerbers shall be appointed to serve a term expiring on June 30, 1990, and members shall be appointed to serve a term to expire on Juno 34, 1991. f i 1 I I I "'fit uu .444.. l 1 I r L I , i 4 I Section 4-6. Purpose. (a) It shall be the purpose of the committee to assist the city in co;*plying with the requirements of the Animal Shelter Act, Article 4477-6b, V.T.C.S., as amended and to make recommendations to the City Council regarding methods and procedures necessary to ensure compliance with the Act. (b) The Committee shall meet at least three times each year. SECTION 11. That the existing Sections 4-5 thru 4-34 be ' renumbered respectively, Sections 4-7 thru 4-36. SECTION III. That this ordinance shell become effective immediately upon its passage and approval. k PASSED AND APPROVED this the day of 1989. r RAY STEPHENS, MAYOR ATTEST: i I JENNIFER HALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: k DEW ADAMI DRAYOVITCH, CITY ATTORNEY i BY 8/30/89 I PAGE 2 4., r Y i i ~ j LA I "-I { { .sew y..wrv~..:rn 1 I wry Of DENTON 1215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: September 1, 1989 TU: Lloyd V. Harrell, City Manager FROM: Jim L. bunyard, 1'reasurer SUBJECT: AMENDING CHAPTEII 22 OF 'I'lih CODE OF ORDINANCES I This ordinance complies with State law and amends Section 22.3 I of Article I of Chapter 22 changing the dates for payment of taxes by halfs from the 1st half being due on or before December 31st to December lst and the second halt' previously due the last day of March to July lst without penalty and interest. We have been following the State version for several years but had not updated or amended our Charter to reflect this change. Section 11, Section 22.3 of the Charter is being repealed and h replaced by Section 22.2. i I T m uny r JLB:af Attachment 4821E I { I -r 2285L ti NO. AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 22 "TAXATION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS AMENDING SECTION 22-2 RELATING TO PAYMENT OF TAXES; REPEALING SECTIONS 22-3, 22-4 AND 22.5 RELATING TO DELINQUENT TAXES; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 22-2 of Article I of Chapter 22 , ("Taxat on s hereby amended to read as follows: Sec, 22-2. Payment of taxes, penalty and interest. (a) Except as provided by subsection (b), taxes are due on receipt of the tax bill and are delinquent if not paid before February 1 of the year following the year in which imposed. (b) If one-half of the principal amount of all taxes due on all property, real and personal, by any person for the current year is paid before December 1 of the year for which such taxes are due, the balance may be paid at any time before July 1 of the following year without penalty or interest. (c) Delinquent taxes shall incur penalty and interest in the amounts provided for in the Tex. Tax Code Ann. 433.01 (Vernon 1982), as the same may be amended. SECTION II. That Section 22.3 "Payment of Taxes, Penalty and Interest o Article I of Chapter 22 is hereby repealed in its entirety. SECTION III. That Section 22-4 "Delinquent Taxes" of Article I of apter is hereby repealed in its entirety. SECTION IV. That Section 22-5 "Penalty for Delinquent Taxes" ` of Article o Chapter 22 is hereby renumbered to Section 22-3. SECTION V. That Section 22-6 "Taxation of Telecommunicction Serv cea o Article I of Chapter 22 is hereby renumbered to Section 22-4. I I SECTION VI. All ordinances or parts of ordinances in force when t e prov -ions of this ordinance become effective which are inconsiFtent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION VII. That this ordinance shall become effective imme atd teTp upon its passage and approval. PASSED AND APPROVED this the day of , 1989. 01 PAY STEPHENS, MAY T - ATTEST: JENNIFER WALTERS, CITY SECREVM APPROVED AS TO LEGAL FOCuM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY ` BY., I I I sY 1 ~ • 1 1 I]I 1 11 1 I I V i 1 I r T-T -r T, L J r, w 4 V ' 07 A. MEMORANDUM TO: Rick Svehla, Deputy City Manager FROM; Chief Howard DATE: August 31, 1989 SUBJECT: 1109E TRADE ' We propose an exchange of up to 80 sections of 3 fire hose for a like amount of 2 1/2" fire hose with the Aubrey Volunteer Fire Department. We formerly used 3" hose for supply lines, but now use 5" hose for that purpose since its superior flow characteristics allow its use without tying up a supply pumper. This change created an excess of 3" hose. Two and one-half inch hose is ideally suited for large hand lines and master streams and we are in short supply of this size hose. The Aubrey Fire Department has an abundance of 2 1/2" hose and no large diameter hose, Since 3" hose has less than half the fric- tion Iona of 2 1/2" hose it is much better suited for supply line. It, would be beneficial, therefore, to both departments to exchange hose. DFD has not purchased 3" hose since 1984 and much of the 2 1/2" hose was more recently purchased. The proposed hose to be exchanged from both departments is In good serviceable condLtion. I oe liowad ei •J II/eo i I Ir .w X I 1 2753L I RESOLUTION NO. A RESOLUTION APPROVING THE EXCHANGE OF CERTAIN FIRE HOSE WITH THE CITY OF AUBREY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City of Denton has available certain surplus fire hose, to-wit: 1,200 feet of three inch rubber-lined, double-jacketed fire hose, and needs additional fire hose of a different type, and WHEREAS, the City of Aubrey has available the fire hose, to-wit: 1,200 feet of two and one-half inch rubber-lined, double jacketed hose, that the City of Denton Fire Department is in need of and is willing to transfer said hose to the City in exchange for receipt of the City's surplus fire hose; NOW THEREFORE, l BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: 11 SECTION I. That the transfer of the City's surplus fire hose in exchange or the receipt of the aforementioned fire hose from the City of Aubrey is hereby in all respects approved. SECTION II. That the City makes no warranties or representa- tions with respect to the fitness or suitability of said fire hos3. SECTION III, That this resolution shall become effective l immeTra-teTy upon its passage and approval, I PASSED AND APPROVED this the day of , 1989. i , MAYOR ATTEST: 7E'RIFIFM W , CLTY ETM r APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: Q Jt /~/l -Ir low I I a I i i 1 J y,x.1...,.I x (Fp} T1 ~7 2 CITY ofDENTON,TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 76201 TELEPHONE (817)566-8200 MEMORANDUM DATE: September 1, 1989 TO: Lloyd V. Harrell, City Manager f f FROM: Roger Nelson, Administrative Assistant SUBJECT: PROPOSED STREET CLOSING The Calhoun Junior High School Parent-Teacher Association has requested the closure of Congress Street between 1--lice and Denton Streets, Day of the Cougar is an annual event held to raise funds for the Calhoun PTA. Both the Police and Fire Departments have been informed of the f proposed street closing and both departments have assured me that the street closing will not have an adverse affect on the delivery of emergency services. If you have any further uest q ions, please let me know. ~ 09 esn J wp 3190g I i j I yy i E i 709 Congress Denton, Texas 76201 August 4, 1969 I Denton City Council Re: Closing of Congress Street, October 20, 3.00 - 7:00 p.m. I Gentlemen; The Calhoun Junior High PTA requests the closing of Congress Street I between Denton and Alice Streets for the purpose of our annual f field day. The Cougar Fall - Out is scheduled for Friday, October 20 and we would like the street to be closed from 3:00 to 7:00 p.m.. We request this in the Interest of safety for the students, who will be crossing and recrossing Congress as they participate in the activities on the field. We appreciate your consideration of our request, f - Sincerely, 4FIeaenor lsmert Calhoun Jr. High PTA E~ E I I REQUEST FOR NEIGHBORHOOD BLOCK PAR Organization requesting street closure for block party: Contact Person:_ 61eem ote -l snAer IL Address: 30-a-0 510 rlttC,~ Phone Number: SG6 -.,1 S-7A - Street To Be Closed: Con r• e S K cv Date and Time To Be Closed: CC t calo 10-b Intersecting Streets: ~en+Or, a I$I~c _ f Reason For Closure:~ 0-' 4-Lk- ~~~rtrf -~or PTA + sal%oo ! Please complete the bottom portion of this form. ALL residents affected by the block party MU R'! be contacted and sign below with an indication of being in avor or in opposition to the block party/street closure. SIGNATURE ADDRESS FAVOR/OPPOSE 1. 70 9 . 2,_ 3 1 4. 5. 6. 7. 8. E 9. 10. 2963C/4 8 f t C j A. 1792L NO. A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, OCTOBER 20, 1989; AND DECLARING AN EFFECTIVE DATE, WHEREAS, on is sponsoring an r annual October Day b of 20, he l Cougar a fundraisingievent,~ to be held on Congress Street between the intersection of I Alice Street and Denton Street; and f WHEREAS, all property bordering Congress Street between the intersection of Alice Street and Denton Street is the property of Calhoun Jr. High; and WHEREAS, the Day of the Cougar fundraising event is open to the general public of the City and County of Denton; and r WHEREAS, in order to provide adequate space for the raid citizens sin? who eattend, the nCity d Council poft the City of eDenton deems it is necessary to temporarily close a portion of Congress Street between Alice Street and Denton Street from the hours of 3:00 p.m. until 7:00 p.m. on October 20, 1989; NOW, THEREFORE, i BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Congress Street between Alice Street Denton'~treer shall be temporarily closed as a street and public thoroughfare of any kind or character whatever on October 20, 1989 from 3:00 &I m. until 7:00 p.m. for the purpose of holding the Day of Cougar fundraising event. SECTION II. That the City Manager shall direct the appro- from iota inntte`rsection erect Alice arStreets to its Congress intersection with Denton Street, at 3:00 p.m. and to have the same removed at 7:00 p.m. on October 20, 1989. SECTION III. That this resolution shall take effect and be fn fulT ro a and effect from and after the date of its passage and approval. y' Q PASSED AND APPROVED this the day of 1989. I ATTEST: r JENNIFER WALTERS, -RTRA]CT- APPROVED AS 'TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: I J s 1J I t c 0 I I -rrn I f l JUMI 4 TT-FT T-Elll f ; CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (017)586-8307 Office of Me City Manager 14 E M 0 R A N D U M TO: Lloyd V. Harrell. City Manager FROM: Rick Svehla, Deputy City Manager r DATE: August 31, 1989 I SUBJECT: AGRICULTURAL LEASE AT THE AIRPORT Last year we had discussions with the Trietechs' family who had been leasing Airport property for a number of years for agri- cultural use. It was time to renegotiate the lease and staff began to do that. We checked with the Agricultural Extension agent to see what land was leasing at and that is ghat we began to negotiate our prices on. Joe Thompson was able to negotiate a higher price then the going rate for agricultural lease land. This lease ` has been beneficial to us for two reasons. Number one, it brings revenue to the airport on land wG currently do not use and, secondly, since the land is under cultivation it elimi- nates a lot of the mowing that would otherwise be required of us. As you can see from the backup, after we negotiated the lease we took the lease to the Airport Board and they approved it. We sent it to Legal and had appropriate resolution drafted. After that we somehow lost the document in our system and it was never sent to Council for approval. The farmer has viewed the lease as being in affect over the last year and has made the appropriate payments. The reason we found the error is because this is a three-year lease and each year it must be re- viewed by the Council and the farmer. Consequently, when it 1 was time to rovlew the lease this year we found that the Council had not approved the lease. We think this is a good lease, Lease prices for agricultural land are still at the price that we negotiated in the contract. We believe this is a beneficial lease both for us and for the Trietsch's. i I i V ' VIA J 4 R s: ryy: _ " f1 Page 2 Agricultural Lease at the Airport 8-31-89 We have reviewed our procedures at the Airport and we believe the system we have in place works. Somehow, we just overlooked this particular lease. About the only reason I can offer for the lapse is the fact that we were heavily involved in renego- tiations and leasing of other leases at the Airport at the time and we had new staff. y We believe this lease to be a good lease. We think it is one that helps us generate revenue at the Airport and the Board and the staff recommend it to the Council. I if you or the Council has any further questions we would be happy to try and answer them at your convenience. i Rick S ehla, eputy City Manager v I RS:nb 3154C l k E i I I e I i. Y G I . I h MINUTES AIRPORT ADVISORY BOARD September 14, 1988 REGULAR MEETING OF THE CITY OF DENTON AIRPORT ADVISORY BOARD, WEDNESDAY, SEPTEMBER 14, 1988 AT 5:30 P.M., IN THE AIRPORT TERMINAL BUILDING, ROUTE 1 AIRPORT ROAD, DENTON, TEXAS. MEMBERS PRESENT: David Arno, Dante Ferrara, Nancy Jane Hundley, Don Smith, Don Williams, Gene Wright MEMBERS ABSENT: Rick Woolfolk OTHERS PRESENT: Rick Svehla, Deputy City Manager, Debra Drayovitch, City Attorney, Joe Thompson, Airport Manager, Tony Riley and Jim Huff, Air Denton, Bruce Brown, Brown 6 Brown, Jennifier Coffey, Airport Staff 1. Considered the Minutes of the regular meeting of August 11, 1988; Minutes were approved as submitted. I 2. Future plans for a fuel farm on Denton Airport were discussed. A sub- committee was appointed made up of Dante Ferrara and David Arno to investigate the cost, location, general lay-out, protocol, and possible financing of a fuel farm. It is still too early to make recommendations on the fuel farm since the information needed to make a decision has not yet been gathered together. 3. Considered the Airport Manager's Report. a. Moving of Port-A-Port Hangars. Rick Svehla and Joe Thompson have talked with the Drafting and Street people about the plans that have been made, but the road has not yet been cut and paved so that the hangars can be moved. They are waiting on the final staking to get the actual road construction underway, it will be started within the next day or two. It will probably take two to three weeks to be fin- ished. b. Construction Update--Taxiways and paving are finished except for the sodding or seeding of the present roadway. Sunmount is irrigating with the standing requirement that they must have a stand of grass before they leave the airport. c. Final Draft of Land Lease--Most of the changes are concerns of John Carrell's and were underlined in the Final Draft. After reviewing these changes the Airport Board made a recommendation that Debra correct the lease to read as she recommended to the Board and sub- mit this Vsirnioa of the Land Lease to the City Council for approval. i D SLG'gL.+~V~i~'j1 SEP 291986 '117V IOW - JU CITY MAMAGIR, CFfICE I I i -IV low Airport Advisory Board Minutes ` September 14s 1988 i Page 2 I [Renewal of Trietsch'e Farm lease--Changes were made to the originaease as requested by the Airport Board. Motion was made and secnded to recommend this version to th:- City Council for approval. The Texas Aeronautics Cosmission requested an update of Denton Air- port needs and Joe Thompson mailed a letter back with C.I.P. impro- vements that have already been approved. Airport Properties is still interested in doing business with Denton Airport and they will be here as soon as they get finished with their Calveston project. Dr. Almand still wishes to acquire a ground lease on Denton Airport. 5. Open Session for Public Comments--Tony Riley and Jim Buff of Air Denton were welcomed by the Airport Board. Jim Huff discussed the remodeling plans for the entire Air Denton facility, which have al- ready begun. They have a commitment to make the employees happy and the F.B.O. something the Airport Board and themselves can be proud of. i Tony Riley and Jim Huff are in the process of reviewing sub-lessee's for the Flight School, which they will make recommendations on by the next Airport Board meeting. Tony Riley and Jim Huff brought up the subject for future consideration of maybe getting the City to join in with them on hiring a person or ` persons to act as a line fueler and security guard after hours at Dan- top-Airport. With no further business to discuss the meeting was ad- journed at 7:30 P.M. NEXT SCHEDULED MEETING WILL BE OCTOBER 12, 1968, AT 5:30 P.M. IN THE AIR- PORT TERMINAL BUILDING. A I k i 1 1 r DATE: 8/18/89 CITY COUNCIL REPORT FORMAT , TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager JJ SUBJECT: AIRPORT LEASE AGREEMENT FOR AGRICULTURE 1 RECOMMEr N_ ~ AT ON: It is the recommendation of the Airport Advisory Board to approve the Airport Lease Agreement by and between the City of Denton and Ernest and Lewis Trie sch SUMMARY: This Is a standard airport lease for 267.7 acres of land located , on the west M/aide of the airport adjacent to Tom Cole Road See Exhibit A-1 and A-2. BACKGROUND: N/A PROGRAMS, DEPARTMENTS OR GROUTS AFFECTED: This airport lease will not affect any other department or group. k FISCAL IMPACT: li There will be no cost to the General Fund. This lease will increase { airport revenues by $3747.80 cer year. Respectful submitted: d Lloyd H ell U City Manager Prepared by, Joe Thompson Airport Manager ApprovedN Rick Svehla Deputy City Manager i k 1946E RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND ERNEST AND LEWIS TRIETSCH FOR PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIC:NG FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has certain vacant property located at the Denton Municipal Airport, Denton, Texas; and WHEREAS, the City of Denton desires to lease the property for agricultural purposes to Ernest and Lewis Trietsch in return for mowing servicee; to be performed at the Airport and the payment of annual rent; aad WHEREAS, Ernest and Lewis Trietsch desire to lease the land at the airport for agricultural purposes and agree to pay to the City the requE-sted rent and perform the mowing services at the Airport; NOW THEREFORE, , THE COUNCIL OF THi CITY OF DENTON HEREBY RESOLVES: I SECTION 1. That the City Manager is hereby authorized to execute lease agreement between the City of Denton and Ernest and Lewis Trietsch, a copy of which is attached hereto and M incorporated by reference herein. i N SECTION II. That this resolution shall become effective j immediately upon its passage and approval. Passed and Approved this the day of 1989. f RAY STEPHENS, MAYOR ATTEST: i JENNIFER WALTERS9 CITY SECRETARY APPROVED AS TO LEGAL FORM: I DEBRA A. DRAYOVITCH, CITY ATTORNEY f i c ~cL2 BY: I}2~ i i 4 9!M } 9 n 3 1942L/10488 THE STATE OF TEXAS § AGRICULTURAL LEASE BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON ERNEST TRIETSCH AND LEWIS TRIRTSCH By this lease, entered into the day of 12c'-" <"W 1988, the City of Denton, Texas, here n called LE OR" devises and lets to Ernest Trietsch and Lewis Trietsch, herein called LESSEE, the right and privilege to use for agricultural , purposes and for no other purpose, except as authorized h,:rein, I the following real property located in the County of Denton, State of Texas, described as follows: Approximately 267.7 acres of land at the Denton Municipal Airport, which is currently not necessary for Airport needs, for agricultural purposes, as designated in the yellow shaded portions on attached Exhibit A, which is incorporated herein. 1 1. The term of this lease shall be for a period of three (3) years, beginning on the lst day of October, 1988 and ending I September 14, 1991. 2. LESSEE agrees to deliver possession of said land and j premises to LESSOR on September 14, 1991. ~ j ~ 3. LESSEE agrees to pay LESSOR, in cash and as partial rental for the above described property, the sum of Three Thousand Five Hundred Dollars ($3,500.00) (Fourteen Dollars per acre for 250.00 acres of land) per year. This rental shill be payable in two (2) semi-yearly installments of One Thousand Seven Hundred and Fifty Dollars ($1,750.00) each, the first installment to be paid on or before September 15 of each year, with the first installment due and payable on October 20, 1988, and the second installment to be paid on or before March 1 of each year of the term of this Lease. By September 15, 1989 and each successive September 15 of each year of the term of this Lease, should the LESSOR not have, by leasing or otherwise, rendered crops unharvestable on the 17.7 acres described in Section 4. B., the additional rental of Two Hundred Forty-seven Dollars and Eighty Cents ($247.80) shall be due and payable as rental for the year prior to the harvest. I I 1 r v In addition to such cash payment, LESSEE agrees to perform the following services for LESSOR as consideration for the lease of said property, to-wit: A. To call to the attention of the City's Airport Manager potential erosion areas on the leased premises and the areas that are to be mowed. B. To back furrow or mow a distance of ten (10) feet from all fences in order to keep grass and other vegetation from becoming a fire hazard. 4. Land Area Available: See Exhibit A attached. Approxi- mately 267.7 acres of land are available for agricultural usage by LESSEE as follows: A. Approximately 250 acres of usable land on the west side of the Airport. B. Lessee may farm approximately 17.7 acres of usable land on the southeast end of the Airport along Underwood Road, as indicated on Exhibit 'A". If a R crop can be harvested from this 17.7 acres of land, LESSEE is required to pay the land lease on this 17.7 acres. If no crop is harvested, because of any intentional action by LESSOR, such as leasing this acreage, no rental is due. C. LESSEE may cut and bale grass on the north end of runway area, D. Crops grown on the leased premises are restricted by the following conditions: a. Tall standing crops, over three feet in height, may not be grown within 250 feet of the runway on the west side of the Airport. I b. Crops may not be grown between the runway and the taxiway system. i { c. Crops may not be grown next to or in the vicinity of any FAA navigational unit or structure. 5. Restrictions and Limitations: 1 I~ PAGE 2 i I { y 4 A. The land leased should be used solely for cultivation of seasonal crops or for the mowing of natural grass or hay. All cultivation and mowing shall be conducted in conformity with good soil conservation and pasture management practices. B. At no time will LESSEE or any individual, agent, servant or employee of LESSEE be allowed to park or leave unattended any farm equipment, tractor or vehicle within 400 feet of the center line of the runway; within any runway approach area that is 500 feet from the threshold; or within SO feet of the r edge of any taxiway or apron. C. At no time will the LESSEE or any individual, agent, servant or employee of LESSEE be allowed to erect, construct or build any structure of any nature, or remove or tear down any building or other improvement on the leased property without prior written approval of the LESSOR. D. No new fences may be erected on the Airport property without prior written approval of the LESSOR. All Airport boundary fence lines will be maintained by Airport maintenance personnel. E. Grazing or of animals will not be pasturing permitted on the Airport property or on any Airport land lensed for agricultural purposes. ~r F. There can ba no leasing or subleasing of any portion of the Airport property or on any Airport land leased for agricultural purposes. b. The following special conditions shall govern the parties to this lease; A. It should be uneerstood that LESSOR and the Federal Government shall have the right to use any portion of the land for any purpose that they deem necessary. The LESSOR will require that the areas in question be vacated within 30 days of a written notificatikn. Compensation for the recaptured land will be prorated on a per acre basis, plus costs of growing crops destroyed. PAGE 3 I I I Fy 4 f r t B. Land designated as "Future Hangar Areas" may be used for cultivation. However, it is expressly understood that no compensation to the LESSEE will be made by LESSOR for land or crops recaptured in these areas during the term of this agreement. The LESSOR will require that these Future Hangar Areas comprising of approximately 40 acres shall be vacated within thirty (30) days of a written notification. C. The LESSOR will have access to the property leased at any time for the purpose of any inspection deemed ' expedient and for the purpose of surveying, utility placement, as well as for the use as access routes to adjacent areas of the Airport or to public roads. D. Material crops and all other property of the LESSEE shall be removed from the Airport leased land by the expiration date of this lease. E. LESSEE agrees to indemnify, defend and hold harmless the LESSOR and its agents, employees and representa- tives from all penalties arising from the violation of any ordinance, order or regulation that should occur in the operation of the lease, as well as from and against any and all liability for all claims, suits, losses, damages or injuries to any person or property of any nature resulting from the carelessness, negligence or improper conduct of the LESSEE or any of its agents or employees. F. LESSEE agrees that it will not bring claim or suit against the LESSOR or assign any cause of action because of an accident, fire, noise or disturbance resulting from the crash of an aircraft operating in the vicinity of the Airport; taking off or landing at the Airport; or occasioned by the presence and proximity of aircraft parked, being fueled, taxiing or in-flight over the leased area. G. LESSEE expressly agrees to deliver portions of such property to the LESSOR as LESSEE'S crops are removed. Any crops remaining on the leased premises on September 14, 1991, shall become the property of LESSOR. PAGE 4 1 Ll 1 H. Further, LESSOR assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or may hereafter arise upon the premises, any and all defects being expressly waived by LESSEE. Executed this the day of 1988. ,I CITY OF DENTON, TEXAS, LESSOR BY: ATTEST: i ~ E ! IFER W T c 'P4-s~'PAAy ~ j APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: ancvGSr '1'KiETSCH, E PAGE 5 i "-J I f EXHIBIT "A" • ( 1 of 2) • ~I Il; ; It ill 1 i i 11 ~ 1 1 1 1 1 ~ 11 l i Ij f • s fill LIU] I I1 1~ .r 1 t 1., t 021111111110 •ifl j iL..n I i oI.1 4 ~I man,"~ •l,ifirrE YY ~IS ~ ~ ~ ; ~ ii t., k ' yil 11 t , ~ i! { 1 1 1 1 I I Ri it I I I I~1 I I 1 I If ` •1 ` all I U. IWA, ill ~1 '•lltL ~ { l ! ~l11 e i 1 • APF'E M A i i I, r l 1 '.w "'L w• GwM Yft nHOt►hR MId i Artwoar uralrt twl R•« & I I i EXHIBIT "A" (2 of 2) , ~ i 11 1 1 I I! I ~ ~ Is i y, 1 I'Iz 1 ~ ;r• I I b 1 1 1 1.7 I ! CIAi~D ! I 1 = I 1 C C! 1 ~e~ C~w~o I t C Y I adma wmm. ~ YY t'I I ~ , ~ I I I li ~ 1 1 1 , 1 II II 1 1 1 R l I I I APPENM(A II 1 ! 1' 1 . % M ❑y~~ ~~~A~ IM b Aft M1 IA~'O~ft /lAl1 41 1 I i 1 ir low r i {I i h j I ~ i ,it' 11 INALL r low M II 1 September 5, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: A RESOLUTION AUTHORIZING PROVIDING SEWER SERVICE TO PROPERTY OWNED BY MUSKETT CORPORATION AS DESCRIBED hERE1N; AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: The Public Utilities Board, at their meeting of April 140 1987, recommended to the City Council approval of sanitary sewer service outside the Denton City limits to Muskett Corporation (Love's Country Store) located on I-35, about two miles north of Highway 77 (see Exhibit I). The Staff recommends this system be dedicated by the Muskett Corporation as a public owned and operated lift station and force main. I SUMMARY: I The Denton County Health Department, Environmental Division, has notified Muskett Corporation IMarty Ruff, see Exhibit 11) that they are in violation of the Texas Sanitation and Health Protection Law due to an inoperative septic tank and drain field system. They are required to seek a solution to their problem or face legal action. Mr. John Collins, representing the Muskett Corporation, has submitted a letter (Exhibit 111) requesting permission to tie onto the City of Denton sewage system. Most of their property lies outside of the city limits of Denton. The Muskett Corporation proposes to construct a lift station and 1 force main from their Love's County Store on I-35 to the City of Denton lift station adjacent to Highway 77 and I-35 about two miles apart. They are asking for permission to tie on to the City system to alleviate a critical sanitation problem at this store. I BACKGROUND: The Public Utilities Board on April 14, 1987, recommended approval of the request providing that the lift station and force main oversize requirements be determined by the City and that all costs be incurred by the developer, and further that the system be dedicated to the City. On April 22, 1987, the Punning and Zoning Commission recommended approval to the City Council of the request provided the City staff determine the appropriate line sizes. f E i I J i rr low I k V CC Meeting Page 2 Love's has not been utilizing their existing septic system drain fields per the Denton County Health Department and instead, has been having their septic tanks emptied on a regular basis. Love's has been exploring their alternatives and finds this request to be the best regarding financial and health considerations. FISCAL IMPACT: The bulk of this property lies outside of the Denton City limits. A strip 200 feet wide along frontage of I-35 has been annexed by the City of Denton. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Muskett Corporation (love's Country Store 1-35), and Citizens. ARespec itt d ty i 'Prepa R. E e son, xecu vP rec or Department of Utilities I Exhibit 1 Location Map 11 Denton County Health Department Letter of March 26, 1987 III Letter from John Collins Requesting Service IV PUB Minutes of April 14, 1987 Y PAZ Minutes of April 221 1987 VI Resolution 6499U:1-2 { I f f r 7c AM A podoIma tr , j~ ~•IT 'r ~Unl.r~llllr bad Vol ri1 • 'Loll a9 ° + tl of t. as. i t I'Nll ;,a I n • f c '\Li. AL 4LL 1•R1. 11 ' • ' • I • I Y I' • 1 ~ ■ ~ ~ Ins` r' I i r I Fat 1 as Arc mr~wx 41 We Am A • , • t I uy1 , •t googol Ad / .1 J•'• IY • IyC. i 1 r • /l. 1 • I II 'Y tR pnt i RI 1 C 0*IGFR y .RN r / tto GIN 44• , . u 1 - 5 P, 0 A. I JJ CrIH~ , •7lrt• 111110141 ll . ~ r • R ~ • ~1 a t I t1R •Rln . Y I "yo 1 r 3 r1.. LI''..1•TNIIr111 NO ` 1141 RI. N 1'11.,' cRUI r"W t...•'if.R~nR• 1 11'•1 R I t l •.C n r. (ir -'t r i~ ~L r c r. .tlop •1 s ~A I smm~mw i a • FI A, 'A .~r r J , • N Plot Ad r7{~ w I .t • ace c.' is aRl eAlto •Ri j r .16; "if .0 A 0S Sol -rt 1 R1. • , IUIR J ol i ~\el.l" vrl~ L is$ ~t 1 A■F • •y 111'•• ` ~ `I I~+~ Iw I 7 Rum A ~/1 • r!•G • p((.ci~i~l I .Y L •a `~',r ':JIr A', 4 I • v • a " r 1 1ril • r~V 1 P VI q , . ~r. .•W Ji .{I, ~ poor ~ Ltr41,1 F'.v 1 t DUUM OOUIPTY HEALTH DEPT. ENYIRCNMENPAL DIVISICN 105 WELCH DENIM TEXAS 76201 (817) 387-1655 r ~ March 26, 1987 Marty Ruff 10601 N. Pennsylvania CERTIFIED MAIL P.O. Sox 26210 REZURN WITHIN 5 DAYS Oklahoma City,, Oklahoma 73126 Re: Malfunctioning private sewage disposal system, Love's Country r l! Store, I-351 Denton Country Texa. Mr. Ruff: On March 23, 1987s I met with John Collins at the above referenced Love's facility. Sewage was surfacing from numerous locations and actively flowing from one location. Surfacing sewage is a violation of the Texas Sanitation and Health Protection Law and must be abated within fifteen days of receipt of this letter or legal action will be pursued. Since this is a reoccurring problem, it appears that this facility ' Iawill expect a written eport,,wwithin vsixty idaysaloutsstem. lining an Therefore, sewage disposal system that will not continually violate the Texas Sanitation and Health Protection Law. In the future,, if a violation occurs, legal action will be taken immediately. If you have any questions, contact me at 817-387-1655. i Sincerely, ;~I~ Ray Meckel Chief Sanitarian RM/ew XC: County District Attorney Texas Water Comission j ' EXHIBIT. J ,.J .~e~vYruQ,aebx u.~ -114-11 cbz~ v xox C i c i~ r~o~~ ok~ q~8 ~~2z-y8~s' E r EXCERPT ` Public Utilities Board Minutes April 14, 1987 12. CON MM FOR SIDER RE UEST FOR SANITARY SEWER SERVICE OUTSIDE DENTON I ove s oun r tore CITY I~ Ham introduced Mr. John Collins and gave the following overview: The Denton County Health Department, Environmental Division, has oftithed TexaettSanitationCorporation and(Mart HealthRuff) Prothat tec ion law i due violation an inoperative septic tank and drain field system. They are required to seek a solution to their problem or face legal action. Mr. John Collins, representing the Muskett Corporation, has submitted a letter requesting permissioi, to tie onto the City of Denton's sewage system. Most of their property lies outside of the City i limits of Denton. The Muskett Corporation force main from their Love's County Store rontI-351ito thetCityaof Denton lift station adjacent to Highway 77 and I-35, about two miles apart. They are asking for permission to tie on to the City system to alleviate a critical sanitation problem at this store. 1 The bulk of this property lies outside of the Denton City limits. A strip 200 feet wide along frontage of I-35 has been annexed by the City of Denton. Utilities Staff policy is that developers must construct to an future size facility (lift station and fo y benefit of oversize funds unless otherwise p rce provedn by w the uPublic , Utilities Board and City Council. Under current policy, this 9 roposed lift station, force main, and any other appurtenances would e with no cost to the City of Denton. After much discussion, Coomes made a motion that the Public Utilities Board recommend to the Planning and Zoning Commission that Mr. Collin'c request be honored with the proviso that Staff will determine the oversize required and handle negotiations with Mr. Collins. Mr. Collins is to assume full burden of the costs and no costs are to be incurred by the City. If the determined oversize and costs are not agreeable to Mr. Collins, this item is to be resubmitted to the Public Utilities Board for further review. The Board further recommends this system be dedicated by the Muskett Corporation as a public owned and operated 3 lift station and force main. Second by Thompson. All ayes, no nays, motion carried. 6466U;8 EXHIBIT 1 V low I EXCERPT ' Planning and Zoning Commission April 22, 1987 B. REQUEST FOR SANITARY SEWER SERVICE outside Denton city limits for us ett Corporation (Love's Country Store, 1-35). STAFF REPORT: Mr. Ham stated that the Muskett Corporation has submitted a letter requesting permission to tie onto the City of Denton's sewage system due to an inoperative septic tank and drain field system, He stated that the bulk of this property lies outside of the Denton City limits with the exception of a strip along the frontage of I-35. He said that the Muskett Corporation proposes to install a lift station and construct a force main from Love's Country Store on 1-35 to the City of Denton lift station at Highway 77 and I-35, a distance of about two miles. He added that the Muskett E Corporation is to assume the full burden of the costs. He said that the Public Utilities Board recommended approval of this request with the proviso that Staff will determine the line size required and handle negotiations with the Muskett Corporation. He added that the Board further recommends that this system be dedicated by the Muskett Corporation as public facilities. He said that if the Muskett J Corporation requests that a pro rata agreement be made with the City, then the line would be subject to pro rata charges as individuals tie onto the sewer line, Mr. Holt, asked about the size of the line. Mr. Ham stated that the { line would be at least six inches. He said that the State roqutres a 4 minimum four inch force main, but the City could ask for eight inches. DECISION: Mr. Escue moved to recommend approval of the request by t-Te-- 1uskett Corporation with the proviso that the Staff will determine the line size required and handle negotiations and that the system will be dedicated by the Muskett Corporation as public facilities. Seconded by Mr. Glasscock and motion unanimously carried (7-0). J I~~ I 6466U:9 i EXHIBIT I RESOLUTION NO. A RESOLUTION AUTHORIZING PROVIDING SEWER SERVICE TO PROPERTY OW14ED BY MUSKETT CORPORATION AS DESCRIBED HEREINt AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Muskett Corporation has applied to the City to receive sanitary sewer service for its property located outside of the city limits, for which request the Public Utilities Board has recommended approvals NOW, THEREFORE 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. SECTION I. , That it approves the request of Muskett Corporation to receive sanitary sewer services for its property located as shown on Exhibit "I", attached hereto and incorporated herein by reference, provided that Muskett Corporation shall construct all necessary lines and equipment to provide the services requested and shall comply with all other requirements of the City, in accordance with City ordinances. 1 PASSED AND APPROVED this the day of , 1989. s I { I I RAY STEPHENS, MAYOR i ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: f 9 J 1~ T-W --r wow JJ 1 I 4 1 t i IT-L i i r F i 1 RTPR J f { V i 4 • I September 5, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: A RESOLUTION AUTHORIZING A PROPOSAL TO THE CITY OF COLLEGE STATION, TEXAS, OFFERING THE SALE OF POWER AND ENERGY BY THE CITY OF DENTUN, TOGETHER WITH THE CITIES OF BRYAN, GARLAND AND GREENVILLE$ BEGINNING IN 1992; AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: The Public Utilities Board, at their meeting of August 23, 1989, recommended to City Council approval of subject Resolution, SUMMARY: On July 28, 1989, the Public Utilities Board approved, with ~ modifications, a letter of Intent to sell power and energy to College Station. Subsequently, the City Attorney expressed that the same concepts embodied within that letter of Intent could best be handled with an outright resolution from the City Council to the City of College Station expressing our interest in selling power and energy. Also, subsequently, each of the attorneys and other parties in each of the cities made minor changes to the Letter of Intent consequently resulting in four separate Letters of Intent, each generally stating the same thing, but nonetheless, all slightly different, In order to provide a unified proposal to College Station, a modified Letter of Intent has been developed which is attached and recommended for your approval. BACKGROUND Review of the purpose of the Letter of Intent: The City of College Station, who presently purchases wholesale electricity from Gulf Statei Utilities, Co., has invited the TMPA Cities to submit a proposal to sell College Station power and energy. Preliminary discussions between the representatives of the 1 TMPA Cities and College Station have been held and it has been 11 determined that the Cities have excess power and energy available -1 until 1996 that could be sold to College Station. College Station's present wholesale power contract expires at the end of 19911 j therefore, they will need to either renew their present wholesale i, contract, enter into a contract with the four TMPA Cities, or seek some other supply of power and energy, College Station has also expressed a strong interest in becoming either a member of TMPA or a partner in TMPA's next generation unit, which is anticipated for 1996 or 1997. College Station desires an expression of support from the City Councils of the four TMPA Cities to proceed with a sale of power and energy, and have, therefore, requested the attached Letter of Intent. i { e r ~ 4 1~ CC Meeting + Page 2 Although all details of such a sale or perhaps a future College Station participation in TMPA are not totally worked out at this time, there is sufficient information to indicate that such an arrangement would be oeneficial to the four Cities, Including J Denton. The four Cities would plan to develop a demand and energy rate that would have the effect of providing power and energy to College Station at the same average rate as the Cities are paying for power and energy from the combined sources of Gibbons Creek and the variable costs of the Cities combined gas generation. Th: recommendation by the Public Utilities Board was contingent on an amendment to the Letter of Intent. The PUB felt that the sentence they deleted implied an intent by Denton to participate in the next TMPA project and they are not yPt ready to imply such intent. This rr change should have no effect on the principles of the letter of Intent. Approval of the original Letter of Intent by the other Cities should not affect the unity of the four Cities intent to sell power and energy to College Station or our willingness to have them as a partner in a future project, if such a project 1s developed. FISCAL IMPACT: j o Undetermined proceeds from the sale of surplus capacity. o Economies of scale and enhanced s TMPA`s Gibbons Creek Generating Unit. fficlencies of operation of ~ I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i J City of Denton, Garland, Bryan, Greenville. College Station and TMPA. i ~ { Respe ly su it oy arre , y Manager 1 Pre ared A r ed by, e son, xecut ve D rector Department of Utilities Exhibit I Resolution 1 11 Proposed letter of intent III PUB Minutes of July 20, 1989 { i ~ IV PUB Minutes of August 23, 1989 6a09u.6-6 { 1 I i Ir low 4 I,. {a i 3 G W ' RESOLUTION A RESOLUTION AUTHORIZING A PROPOSAL TO THE CITY OF COLLEGE STATION, TEXAS, OFFERING THE SALE OF POWER AND ENERGY BY THE CITY OF DENTON, TOGETHER WITH THE CITIES OF BRYAN, GARLAND AND GREENVILLE, BEGINNING IN 19921 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Denton, together with the Cities of Bryan, Garland and Greenville collectively have excess reserves of electric generating capacity; and WHEREAS, the sale of these excess reserves can produce additional revenue which will benefit the electric customers of the City of Denton; NOW, THEREFORE, f THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION i. That the City Council hereby elects, along with the Cities of Bryan, Garland and Greenville, to tender to the City of College Station a proposal, offering the sale of power and energy, beginning January 1, 1992, and that the Mayor is hereby authorized to execute a letter of intent to that effect, attached hereto and made a part hereof. SECTION II. That Resolution Number 89-048 passed and approved by the City Council on the 35th day of August, 1984, is hereby repealed and the city Secretary is hereby directed to affix a copy of this Resolution, after the same is adopted, to Resolution Number 89-048. SECTION III., That this Resolution shall become effective immediately from and after its adoption, and it so ORDERED. ?ASSED AND APPROVED THIS _ day of , 1989. RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LE,3AL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1 6Y: COLSTA f k ir low r i i 5A9 11,0E 12214 gas 2495 COG P[RCHASI\G oas DRAFT Letter of Int at D thetric Cities of Bryant Denton Garland and Greene lie to Sell Elec Power and Energy to the City oy Co ede tat on Witnesseth Whereas the City of College Station, a current total requirements customer of Gulf States Utilities Company, is actively soliciting proposals for its power and energy needs for contract years beginning in 19921 and Whereas the Cities of Bryan, Denton, Garland and Greenville (Cities) ,take up a Joint Action Agency, the Texas Munioipal Power Agency (TMPA)J and f Whereas the Cities have sufficient excess operating reserves to supply the total power and energy needs of College Station thru the year 19951 and Whereas the Cities feel it would be in beat interest of College j station to plan and/or acquire its future power and energy needs jointly with the TKPA1 and Whereas the Cities strongly support the joint participation i of College Station in any future TKPA electrical power and energy resourcal therefore, The Cities, by this Letter of Intent, pledge to make available to College Station sufficient of their excess operating reserves to supply the total power and energy needs for the native load of its municipal electric utility system under the terms and conditions described in Exhibit A which is made a part of this Letter of Intent. I I EXHIBIT 1E a l l ~ t XHIF3jT Serving Or vueeof Bryan, Denton, Garland & Greenville July 22, 1989 Letter No. SP-89.0015 File Code: 605 I Mr, John Woody Assistant City Manager City of College Station P.O. Box 9960 College Station, Texas 11840 l Subject; Supplying Power to College Station Dear Mr. Woody: Enclosed are the answers to the questions that we discussed last Friday relating to the TMPA Cities supplying power to the City of College Station. The rates referred to have been discussed with the staffs of all the Cities and are firs, as indicated. Within the next few weeks, each of the City Councils will act on an agreement between the Cities which will state that they agree to the proposal and will supply power to College Station under l these terms. h If Dan or I can help you with any questions about this proposal$ gi%e either of us a call, M Sincerely, Gailord White Manager, System Planning 8 Operations GMW/sdm Enclosure cc: Bob Corder Tom Darte Bob Nelson i Dan Wilkerson Bill Fox Ed Wagoner I Tear Menk;Pel PererAVne2 P.O. Bee 700 Bryan, Tur7780S I4091173.2013 F low K yi 4 k GMW 01/20/89 File Code; SOS SYSTEM PLANNING A OPERATIONS DISCUSSION ITEMS WITH THE CITY OF COLLEGE STATION, TEXAS For the purposes of this proposal, the following terms are defined. Supply- Contract The contract for power supply to College Station by the Cities of Bryan, Denton, Garland and Greenville, The contract will be for full requirements until 19968 and after 1996, for that portion of College Station load not 3I supplied by participation is TMPA units. Power Sales Contract The contract between TMPA and College Station which defines College Station's participation in TMPA Generation Projects. There may be ;:;re than one Power Sales Contract to define College Station's participation in more than one TMPA s project. 1. Please furnish the rate and billing basis under which the Member Cities of TMPA are presently billed for their power purchases from TNPA. Variable costs (primarily fuel) are billed on a per Kwh basis at the time of consumption, The current rate is $12.41 per *A. { The balance of Agency cost, after being credited for other sources of revenue (primarily interest earnings), are allocated to each City based on it'f. prior years contribution to system peak. For •1- iA 1 p I F\ convenience. these costs are allocated on a per Kw entitIH*nt basis for tM full capacity of the Gibbons Creek plant. The current rate is s $27.85 per Kw per month. Included as an expense item in this rate, is an amount necessary to allow TNPA to achieve a minimum of 1.25 x debt service coverage. Excess funds generated by this coverage amount are refunded, on a monthly basis, to the Cities. The effect of this refund would result in a credit of $5.13 per Kw per month on the capacity charge. J 1 2. What form of rate structure would THPA anticipate using to bill College Station for future power purchases? If said rate is to be cost based how .a are revtri.es and costs to be "trued" up on a periodic basis? h ~ The four cities would bill College Station on a demand and energy rate Intended to collect their avers cost average per KkN. The ratet as shown below would be fire with the fuel calculated at actual costs. If in i any year the average cost per K61 is lest than that billed College i Station, an adJustment will be made in the following year to bring the total paid per ON down to the average. If the average cost per KM paid by College Station is leis than the average cost for the four cities, there will be no adjustm" t. 1 The demand charge would apply to billing dennd, which shall be the larger of the actual deu,nd or 50% of the highest monthly actual dwnd during the prior 11 months. I' 9 T-W or low F ( 1 PRATE: Lo 4-P Demand imm Fuel 1992 $11.18/KW $2/MWH 1993 $11.181KW $21MWH ' 1994 $11.18/KW S2/MWH 1995 $11.781KW $2/MWH Anticipated commercial operation of combustion turbines* 1996 $52.21 $21MWH 1997 $12.21 SOWN 1998 $12.21 SOWN 1999 $12.21 $21MWH A *U W on a blood of lignite and natural gas a with natural gas escalating at lof per ydar. An estimate of fuel charges is attached. " After cramercial operation of the combustion turbines, the actual 1 demand under the supply contract will be decreased by the amount of opacity in the combustion turbines that College Station has contracted for In the Power Sales Contract with TMIA (assumed to be 15 "I MW for this analysis). Estimated Debt Service In the fors, of a capacity charges and estimated non-fuel 0 1 M charges are as follows; Combustion turbines Debt Service 0 i M 1996 $551000 $15,000 1997 $557,000 $229000 •3 . A t 'r R 1998 $5571000 $25,000 „ 1999 $557,000 530,000 fuel cost will be College Station's prorate share of the actual fuel burned in the combustion turbines. what is TMPA's current best estimate for the time frame for addition of the following future generation, both with and without College Station as a customer? a. Gas-fired generation b. Coal-fired generation / i We anticipate that without Collage Station or any other additional customers, gas-fired generation will be needea in the 1997 - 1998 tlmeframe with a decision point being approximately three years earlier. We would anticipate additional coal generation around 2000 with a decision point being in the 1943 timeframt. Addition of College Station as a customer would accelerate the gas capacity requirrmeat to May 1996, However, it is not clear whether College S,tation's addition would accelerate the construction schedule of the coal-fired generation or simply result in an addition of more gas fired generation. Studies to determine this would accompany the i studies to determine optimum sire, type, etc. of the next capacity addition. 4, what is the latest time at which a decision would be required in regard to College Station's participation in either the contemplated future gas-fired or coal-fired generation additions of TMPA? i -4• r i 1 ce A decision for the installation of gas turbines by the peak of 1996 would- have to be made by January 1, 1993. A decision for participation in coal-fired generation would be made later in 1993 prior to January 1, 1994. JJ 5, Can TMFA offer any economic development incentives for power purchases to + College Station to utilize in the recruitment of tAw re large industrial customers? + The Cities cannot offer any economic development incentives as a distinct part of the supply contract. However, a rate such as the type proposed, consisting of a high demand charge and a low energy charge, would be beneficial to College Station in the event that a large high load factor industrial customer was being recruited. TM amount of the cost reduction as a result of the improvement in College Station's load factor would flow to College Station under the assumed rate structure. Along with our Insensitivity to fuel price changes, we believe that long range econoefc development is enhanced. What portion of that cost reduction, College Station would choose to now to the industrial customer as an economic development Incentive would be College Station's decision. 6. Who is to provide the serving transmission lines required to furnish College Station with electric power from TMPA? If said lines are to be provided by TMPA, are these costs to be absorbed in the overall TMPA rate base, or will any direct facilities charges be required to be borne by College Station? Transmission facilities will be provided by the four cities and will be integrated wlih the City of Bryan's system, THPA's delivering i •5• +i f V x 1 S transmission lines, and the Texas Municipal power Pool facilities. There will be no cost to College Station. 1, Please furnish a one-line diagram illustrating the proposed integration of the College Station Electric System into the transmission network of TMPA and Its Member Cities. A number of options have been discussed with Bryan and Jimmy McCord. Any and all of the options discussed appear to TMPA to be workable and totally acceptable. Woody, McCord, White and Wilkerson will work out details. j 8. Has TMPA considered a future demand control load management program for I its Member Cities as a method for delaying future generation additions? + I TMPA currently is taking the position that load management can host be handled as a function of the Individual cities, due to the differences in the local situatioI, types of customers, etc. However, the I Age.,cy's rate structure, which allocates fixed costs, based on each Cities' contribution to the system peak provides a financial Incentive for the Pity to vigorously pursue load management programs. TMPA believes In, and is committed to lad management as a vle/le cost effective way to avoid future capital investments. One City is proposing that the load management activity become a TMPA function in a more active manner than currently. At this point It Is unknown whether this proposal will be acted upon. + 9. Does TMPA anticipate any problems in being ready to service College h Station with full load power requirements by January 1, 1992? What is the latest date a contract agreement would need to be executed to permit the i 77. F 1 c facilities to be in place by January 1, 1992 to su PD1Y College Station's total load needs? A contract for power and energy between the four cities and College J Station needs to be in place by December 1, 1984 so that College I Station may be served with no delays. 10. Please furnish a tabulation of the generation capacity of TMPA and its Member Cities by fuel type. Please also furnish details of all existing .a purchase or sales agreements in place with outside utilities. Lignite fired. - 405 no Gas/Oil Fired (reheat) - 325 11w Gas/Oil Fired (non-reheat) - 607 siw , i The Cities currently have no purchase contracts and have no sales M contracts that would diminish their ability to supply College Station. ~ j N 11. Does TMPA foresee the use of economic energy purchases in the future as a feasible method of delaying future l g:ns:ration additions. Economic energy purchases cannot be used to supply capacity requirements. however, prior to the construction of new a pacitys all i 1 new sources of power will be investigateds including purchasing from other utilities. We believe that during the time franc the TMPA cities will need generation, there will be no alternative more cost effective than combustion turbines. 12. Please furnish details as to the financial obligation borne by each of the i Member Cities of TMPA for the construction of the Gibbons Creek Power Plant. What level of financial obligation would TMPA aetfeipate for 1 .7. 1 I i 1 ry y t f College Station if it were included as an equal member participant In the construction of the second unit at the Gibbons Creek Power Plant. At the creation of TMPA and the declaration of Gibbons Creek Unit fl as project, each City obligated itself to pay its prorate share of all costs incurred by T11PA r`ether or not any energy was received by the City froa TMPA. College Station's obligation in a future generating facility would depend on the type of arrangement whereby College Station had ownership or rights to output of the facility. If College Station chooses to finance it's portion of the plant itself, then it's , only obligation would be to pay it's prorata share of the 0 11 M expenses after the plant is in operation. If College Station is a j member of a reconstituted Agency under terms of a power sales contract, then it's obligations would be similar to those of the other four Cities in the existing contract for that portion of College Station's full requirement supply which cam from the new units.- As ~ i an equal m►OOO• participant in Gibbons Creek Unit 12, College Station i could obtain :40ficient generation for its capacity needs. However, we believe that the most advantageous arrangement for College Station would be a reapportionment of Gibbons Creek 11 along with ownership in Gibbons Creek 12 at that time to that College Station is no longer a purchaser of power and energy under a supply contract. 13. What is the anticipated life of the Gibbons Creek generation unit(s)? What is the anticipated availability of lignite reserves for the firing of j these generation units? I The 'econaic' life of Gibbons Creek is 30 years. From in engineering standpoint it Is certain that the unit will be operational longer than i .g. i t F R M S that, possibly up to 50 years. Toe actual useful life will be more a function of the unit becoming technologically obsolete as opposed to being fully depreciated, or being worn out. TMPA currently controls about 8St cf the lignite n3cessary to fuel Unit 11 for a 30 year term. There are additional lignite reserves adjacent to the current mine plan area which could be acquired to fuel the plant in excess of 30 years. Supplemental firing using Western coal and/or natural gas is currently being analyzed. Either of these supplemental fuel programs would extend the useful life of the current Gibbons Creek Mine area as -1 would acquisition of lignite resources adjacent to the current mine area. I 14. What method of participation by College Station in the construction of the II 1 second generation unit at Gibbons Creek would TMPA deem most advantage ;s? ~ 1 { As a full weber of TMPA with apportionment as outlined in answer 012 so that College Station my receive all of its power and energy 1 through participation. } 15. How would TNPA visualize the structuring of a short term all requirements power, sales agreement with College Station, if same represented a predecessor agreement to a future long term joint participation generation contract with TMPA? I OPTION 1 A short tors all requireents supply contract with the four cities will be written so that as College Statioi receives entitleent to } generation built by TMPA, the need for wholesale power diminishes or 1 I I 1 -9- fI 1 I N W rl ■ tr goes away. The supply contract would refer to a power sales contract with IAPA, but they would be separate tnstrueents. r { r ~ r i ~ to , 1 I 3 yF 1 a OPTION 2 I TNPA visualizes a total requirements supply Contract with College Station being the supplied utility and the Cities of Bryan, Denton, Garland and Greenville being the suppliers. This contract would be quite similar to a conventional total requirements supply contract with certain exceptions. Ono would be the requirer:nt that College Station participate in somw4 manner :n the next 9en,~ratiig addition or that the suppliers have a 'get out' option in the event College Station fleets not to 1 ~ participate. The contract would also allow ' College Station to supply a part of its total requirements through ownership/,joint action/ participation in a future unit with TNPA and supplying utilities. It Is anticipated that some portion of College Station's load would be supplied by the existing City units and 1 Gibbons Creek Unit !i, basically forever, or at least as long as these 1 units are operational and College Station and the THPA Cities jointly v i participate in some future unit. The Power Sales Contract would 1 supplement, not replace, the Supply Contract. 1 lb. In the event that either TNPA or College Station decided (at the "decision point") to not enter into a long term project to build additional generation together, would TMPA allow College Station to decide, (based upon who it found as a power source) whether it wanted to immediately I change over to the new i power source (out of EACOT) or decrease the amount f of power and energy it takes from TMPA in Increments over a period of time? I The total requirements contract between the four cities and College Station t*jld have a term of 1995. After that tin either College - 11 i 1 :t Station would decrease its requirements for power from the four cities and buy its capacity elsewhere or sign a power sales contract with TMPA for generation capacity. f II 1 f EI i I . 12 J S . EXCERPT Public Utilities Board Minutes duly 28, 1989 2. CONSIDER RESOLUTION REGARDING LETTER OF INTENT BY THE CITIES OF E CITY GARLAND AND COLLEGE GREE I LE TO SELL ELECTRIC POWER AND ENERGY TO TH STATION Chairman LaForte called on Nelson to briefly inform the Board of this item. Nelson explained that College Station had expressed an interest in purchasing pcwer from TMPA due to increasing costs and near expiration of their existing contract with Gulf States Utilities. eventually becomingea partner in future TMPArprojects o (after t1995). in t Dan Wilkerson, of Bryan, has been representing the TMPA cities at preliminary discussions. The subject sale would be a joint sale by TMPA cities and that any decision would have to be agreed upon by all four cities' City Councils. The cost and sale of power to College Station was ben eficialuso all cities. Nelson explained the methodology that would be to calculate the price of power and energy. The costs would be based on the total costs of TMPA plus the cities' gas costs. College Station would be "pooled" as a buyer along with the other member cities and the average price would be calculated. By using this method, the fixed costs would be spread further, resulting in lower fixed costs for the TMPA cities. The price o $48.90 per 1,000 KWH would decrease by $2.90, or $46.00 per 1,000 KWH. Nelson also advised that College Station had asked for a letter of intent as to the sale of power. It was desired that this letter be uniformed for all cities and be passed by the City Councils of the respective cities. Nelson recommended the letter of intent and concluded that this sale was a "perfect fit" for the TMPA cities. Laney asked Nelson if College Station would have the same rate as the averagewould other four cities. Laneysaskedreplied thethat variable cost tforrall such as demand. . TMPA cities would be equal Nelson replied "yes". LaForte commented that if we did not sell our excess power, we would d lose it and asked if College Station was not using this as a ploy to get lower rates from Gulf States. Nelson agreed with LaForte State. Station concerning the had sale of already excess taken the TMPA price stated to that College unfortunately { 4 J . s 0. 7 Excerppt Minutes Page 2 LaForte questioned whether the other TMPA cities support the sale, Nelson informed the Board that Bryan was very supportive and Garland somewhat hesitant concerning the "economics" of the situation. Nelson reassured the Board that the economics of this sale would be excellent. This would result in ;1-2 million yearly savings for the City of Denton customers. LaForte questioned College Station's acceptance of the letter of intent and eventually the sale. Nelson felt that with any political entity facing a decision of great consequence, the decision to move ahead would most likely be slow. However, he felt that College Station's interest was genuine and would eventually agree to the purchase from the TMPA cities. It would just be a matter of time. Laney questioned Nelson as to Texas AdM going cogeneration. Nelson replied that it had already been done. After much discussion, the Board considered the letter of intent. Laney expressed concern that the Letter of Intent as written implied that Denton wrould automatically become a partner of TMPA after 1995. The Board felt that Denton was not ready to commit to that at this time, and recommended modification of the Letter of Intent. LaForte called for a vote to approve the letter of intent. Motion by Thompson, Second by Frady. Three nayes, two ayes. Thompson, Frady, Laney (Noyes); Chew, La Forte (Ayes). The Board did not approve the I letter of intent as proposed by Staff. After further discussion, it was agreed upon to omit the words in paragraph 2, line 3; "And believe it is in the best interest of College Station and the cities to jointly participate in generation projects after 1995. TFe projects would be built by TMPA". LaForte then called for a vote to approve the letter with the amendment. Motion by Thompson. Second by Chew. All ayes, no nayes, motion carried unanimously. i 649%:7-8 r r n c f EXCERPT OF PUB MINUTES OF 8123189 7. CONSIDER LETTER OF INTENT BY THE CITIES OF BRYAN DENTON. GARLAND AND GREENVILLE TO SELL ELECTRIC PCn~IER AND ENERG_ Y TO THE CITY OF COLLEGE STATION. Nelson was called to brief the Board members concerning this item. Nelson stated that the Board had already approved the Letter of Intent; however, after each of the attorneys and other parties in each of the cities made minor changes to the Letter of Intent, what resulted was four separate letters of intent. Also, the City Attorney expressed that the same concepts embodied within the Letter of Intent could be best handled with an outright resolution from the City Council to the City of College Station expressing our interest in selling power and energy. Nelson reassured the Board that no changes had been made that would affect the Board's original concern j or intent. With no further discussion or questions, LaPorte called for a motion to approve the Letter of Intent as approved by staff. Motion made by Laney, second by Thompson. Vote: All ayes, no nays. Motion carried. R 1 1 -wig L I- i I- { I j i 4 J j rte- MEMORANDUM TO: LLOYD HARRELL, CITY MANAGER FROM: JOELLA ORR, LIBRARY DIRECTOR SUBJ: DENTON OUTREACH PROJECT DATE: August 30, 1989 The Library is pleased to inform you that oar g.ont application for $49,479.60 has been approved by the Texas State Library. This is for the project that we have worked on this past year at tre Martin Luther King Center. The grant will cover the cost of staff and materials for these services. We will continue our outreach project to take materials to this part of the community and circulate them. We will also create an intergenerational program for parents and caregivere of children ages 3-5 which is designed to promote family literacy. As a result, we hope to provide a way for parents of preschoolers to provide reading readiness for children regardless of parents' level of literacy. Our next step is for you and John McOrane to sign the contrect. Thank you. w JOE L ORR JO:js 1460H set Betty McKean, 178/ED I II I 9 kt t RESOLUTION NO. _ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS STATE LIBRARY FOR THE CITY'S PROVISION OF LIBRARY SERVICES TO DISADVANTAGED I POPULATIONS, AND PROVIDING FOR AN EFFECTI Z DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: / ACTION I. That the City Manger is hereby authorized to i execute a contract between the City of Denton and the Texas State Library, a copy of which is attached hereto and incorporated by reference herein, for the provision of library services to disadvantaged populations. =ION 12. That this resolution shall become effective I immediately upon its passage and approval. 1 PASSED AND APPROVED this the _ day of , 1989. i f RAY STEPHENS, MAYOR ATTEST: i JENNIFER WALTERS, CITY SECRETARY i !,"PROVED AS TO LEGAL FORM, I DEBRA A. DRAYOVITCH, CITY ATTORNEY BY, ~~fG 8/31/89 I t i I I I i t . Contract N 407.5 , GRANT AGREEMENT FOR PUBLIC LIBRARY SERVICES TO DISADVANTAGED POPULATIONS This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the 1 authority granted and in compliance with the provisions of Vernon's Ann. Civ. St. Art. 5436, Powers and Duties of the Commission, Director and Librarian, and Public Law 98-480, the Library Services and Construction Act. 1. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Denton, Emily Fowler Public Library 11. STATEMENT OF SERVICES TO BE PERFORMED: A. The Performing Agency agrees to provide library services to people with incomes below poverty level by providing library materials and programming for children and adults and by establishing a Family Reading Program in the i Martin Luther King Recreation Center as described in the grant application Public Library Services to Disadvantaged Populations Grant, 1990. B. The Receiving Agency agrees to reimburse the Performing Agency for expenses V incurred in conducting the above specialized library service program. C. The Performing Agency may charge expenditures against this grant only if they conform to the grant application, as approved by the Receiving Agency, and are for reimbursement of expenses incurred or obligated during the rant period. Grant funds may not be encumbered after August 31, 1990. By October 31, 19900 a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds xi11 be returned or a final request for any funds due will be submitted. D. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A•128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no f later than 180 days following the close of the city fiscal year, M An audit report must be provided for each fiscal year in which funds from this grant are expended. For purposes of identification this grant i must be designated in the audit report as Contract A 407.5 s E. Program income must be added to grant funds received under this contract + and reported in the quarterly Financial Status Report. I i F I J or 1-W Page 2 of 6 F. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. G. Arty publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: The activity which is the subject of this report was supported in whole or in part by-the U.S. Department of Education. However, tha opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Education and no official endorsement by the U.S. Department of Education should be inferred. Promotional materials, bibliographies, and other such short pieces should give the following acknowledgment: i Published with funds granted by the Texas State library under the Library Services and Construction Act, Public Law 98.480. H. The Performing Agency is free to copyright any books, publions or I materials developed as a result of this grant; however, thecReceiving other Agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes. 1. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Public Library Services for Disadvantaged Populations grant application submitted to the Receiving Agency which requested federal and/or state assistance. J. The Performing Agency agrees to retain all financial and programmatic records, supporting documents, statistical records, and any other records this grant thee Secretaryiof Education, the cComptroller of the United States, authorized representatives, forhthetpurposeTofaaudior an of their ts or examinations yand to make excerpts or transcripts of any books, documents, papers, and other records of the Performing Agency. K. The Performing Agency agrees to maintain inventory records of nonexpeiidable personal property purchased with grant funds having a unit acquisition cost of $300 or more. The Performing Agency will submit a listing of all property purchased with rant funds which cost $300 or more to the Receivin Agency on the Form TSL S1.12, "Property Inventory Record", by October 31, 9 1990. The Performing Agency agrees to conduct inventories of such property every two years as set forth in the Wform Grant and Contract Management Standards for State Agencies, The Performing Agency further aggrees that the Receiving Agency has the right to transfer all nonexpendable personal property, which includes equipment and library materials, acquired with funds from this grant and having a unit acquisition cost of $1,000 or more. LJ i i t ` 1 t z I Page 3 of 6 L. The Performing Agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for costs requiring grantor agency approval. The Receiving Agency authorizes the Performing Agency to expend grant funds for the following prior approval costs. Automatic Data Processing Costs J None 1 Building and Related Costs None l Equipment None Insurance and Indemnification None Professional Services Family Reading Consultant S 350 i M. The Performing Agency agrees to provide the Receiving Agency with two (2) I J sets of all promotional materials produced under this contract. J N. The Performing Agency agrees to submit two (2) Public Library Services to Disadvantaged Populations Project Evaluation Report Form and two (2) M Uniform Statistical Reports for the periods; (1) September It 1989 to February 28, 1990, due March 26, 1990 and (2) March 1, 1990 to August 31, 1990, due Sepptember 25, 1990. A final Uniform Statistical Report will be due October 31, 1990 if library materials ordered with grant funds are received during the period August 31 to October 25, 1990. j 0. The Performing Agency agrees to submit five (5) Financial Status Reports to the Receiving Agency during the contract period. The Performing Agency further agrees to submit these reports according to the following schedule: Reports Period Due Date September I, 1989 November 30, 1989 December 29, 1989 December 1, 1999 February 28, 1990 March 26, 1990 March 19 1990 • May 31, 1990 June 25, 1990 June It 1990 - August 31, 1990 September 25, 1990 A final Financial Status Report will be submitted by October 31, 1990. P, The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledg9es that failure to comply can result in grant suspension, Suspension sha11 be effective fifteen (I5) days after j receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant j agreement. i 1 f , i Page 4 of 6 Q. the Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract, The Performing Agency further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. R. The Contracting Parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the provisions of the Uniform Grant and Contract Management Standards for State Agencies. S. The Performing Agency shall administer this grant in accordance with the Uniform Grant and Contract Ninagement Standards for State Agencies which shall be considered a part of this contract. 111. PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation 4 items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon a "Request for Advance or Reimbursement" submitted by the Performing Agency on SF 270. The request will be only for the amount of funds required to meet disbursement needs for a one-month period, but should not be less than $250 per request. IV. TERM OF CONTRACT: This Contract is to begin September 11 1989 and shall terminate August 31,1990. t V. BASES FOR CALCULATING REIMBURSABLE COSTS: Cateoorv~ Personnel f 279851 Fringe Benefits 81378 j Travel 250 Equipment 0 Supplies 111350 M~ Contractual 350 Other 1,300 ;III Total Direct Charges $ 49,479 Indirect Charges 0 TOTAL CONTRACT AMOUNT $ 49,479 1 ~ 4 h , s ' Page 5 of 6 Funds mayabeltransferredtransfethedabove cost cetegscope changet aThisiprgovision not only applies to the above cost categories where dollars are budgeted. The transfer of funds process does not allow the total amount of the contract to be exceeded. VI. CONTkACT AMOUNT: The total anount of this contract shall not exceed: f 49,479 Forty-Nina 1h~~Four Hundred seventy-Nine Dollars -1 Source of Funds in this Contract: LSCA Title I, FFY 1989 Carryover i I The undersigned Receivii:g Agency does hereby certify that (1 the services specified above are nt.cessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the arrangements and payments contracted for are in compliance with the provisions for Programs of the ~Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act P.L. 98-480 and the State Library Plan for operation under the Library Services and Construction f i RECEIVING AGENCY PERFORMING AGENCY Texas State Llbrarv City of Denton Emily Fowler Pib11 ibrar►+ By: By:_ 1111 Signature ust a an o ffrcTa empowered to enter into contracts) Raymond Nitt L12 yd Harrell i` Typewritten Name Above ypewr en or r n e ame Above ASS1S~ant~t8 Librarian Clt Manager 1111 25 1989 August 28, 1989 Date C r A d "e 1 Page 6 of 6 print officer responsible of folocal fiscal Type or print name of individual which these funds are to be aid. designated the person entrusted paid. with the safekeeping of the property acquired with grant funds, (If applicable) 1 F1 cer ame o roper anager U1110~ o n an o is IT Of LIbrar LSrector T1tle us a an the Derforming Agency) os on o roper y anager -li.pQl{iRnfnS$~2enton. TX 76201 502 Oakland, Denton, TX 76201 I i - 817 566-8472 i Y i `4 It I I T P l~ S r-Y 1 i ati 1 I I P I i WIWI, i 7 S -#7 G. CITY of DENTON, TEXAS MUNICIPAL BUILDING / D£N7ON, TEXAS 76201 / TELEPHONE (817) 566.6307 Office of the City Manager M E M 0 R A_ N D U M /1 TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: August 31, 1989 i SUBJECT: SPRINKLING SYSTEMS ON STATE OWNED PROPERTY { Attached is a resolution in support of sprinkler systems on j State owned property in addition to the support for following Local codes for State structures in that municipality. This is II something that the Fire Chiefs' Association and some legislators supported in the last legislature. TML is accepting resolutions to formulate its agenda for the next legislative session. A resolution in support of this would help to make this a part of the TML package. Since we have a large number of State owned buildings within the city limits i►. would obviously be of great value to our city. I If you or the Council has further questions, I will be happy to J try and and to them, Rick Svehla Deputy City Manager RS:nb iiii 3158C Attachments i 4f r. t, IF low f a 2765L RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING THE INTRODUCTION OF FIRE SUPPRESSION LEGISLATION REGULATING BUILDINGS OWNED BY THE STATE OF TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the presence of state owned buildings within a municipality create unusual hazards for the local fire department because they do not have to comply with any local codes and the local fire departments do not have the power to inspect or otherwise enforce fire prevention measures; and WHEREAS, fires pose significant hazards to property and not only the lives of the occupants of buildings, but firefighters as well and many state buildings are so large that they exceed the capabilities of the local fire department; and j WHEREAS, automatic fire sprinklers are the single most effective tool in the early suppression of fires and the reduction in the loss of life and property; NOW, THMEFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: i { j SECTION I. That the City Council of the City of Denton supports legislation that would: a. Require that all new state buildings be re-luired to comply with all applicable local codes; b. Authorize the inspection and enforcement of applicable codes by the local fire department with respect to all state property within a local jurisdiction; c. Require that all future state buildings be built with automatic fire sprinkling systems; and d. Require that all state buildings now in existence be retrofitted with automatic fire sprinklers as funds become available and that priority be given to resi- dential buildings, such as dormitories on university or college campuses. SECTION It. That significant public safety concerns exist to declare this to be an emergency and that it receive priority attention in the upcoming legislative session. M s SECTION III. That this rer,olution ehall become effective imme ate y. PASSED AND APPROVED this the day of September, 1989. Ray Stephens, Mayor ATTEST: Betty Williams, Deputy City Secretary APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~II LIU, 1 j ~ E III III Kill ~ f a ~ I I i . i E i i i t N..A . wry of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: September 1, 198) TO: The Honorable Mayor and Members of City Council tRU;d: Lloyd V. Harrell, City Manager SUBJECT: PRUPUSEI) 1989-90 bUUGtf WaKSLSSION Please find attached a draft memorandum from John F. McGrane listing items for discussion and requests for information made , by Council in recent budget presentations. I If I can include any further items other than tnose listed, please advise. Our schedule calls for these items to be discussed on September 11, 1989. 4i J Lloy Harrell j f LYH:MMcU:af ` Attachment f 4813E I ~ I f y f F. ~aSLi r i , PM I i CJTy of DENTON 1215E. McKinney I Denton, Texas 76201 MEMORANDUM DATE: August 31, 1989 DRAF1 'r fO: Lloyd V. Harrell, City Manager 1 FROM: JOHN F. McGrane, Executive Director of Finance SUBJECT: COUNCIL BUDGET PRESENTAfiUN ine following is a list ;,f comments noted for further discussion and requests for additional information made by City Council during staff budget presentations. 1 i I 1. NURTH TEAS COMMISSION DUES Review possibility of funding NTC dues ($5,823) from economic j development contribution to Chamber of Commerce. c 2. LIBRARY FUNDING AND THE COUNTY'S CONTHIuIUION The County contribution has been budgeted at $140,030, The County nas offered $117,941 as of August 3U, 1989. 3. SULIU HASTE AND SWAG RECOMLNENDA'H UNS o Schedule of timeline on implementing SWAC recommendations. o Number of solid waste and frequency of service for cowuercial customers. o Contractual obligations of commercial solid waste customers serviced by private sector. How would current contractual obligations Ue affected by the City's actions to provide all solid waste service? (The City Attorney has initiated review of this issue and I will provide an opinion in the near future.) 4. ELIMINA"PION OF URBAN PLANNER Extension or delay of planning review process and planning projects due to the elimination of the vacant urban planner position, i Memo to Lloyd V. Harrell August 31, 1989 Page 2 of 3 5. CONIKIBUfION 'I'll AGENCIES o Funding of agencies as recommended by the Human Services Committee. (Two uew agencies are Ann's Haven Hospice and AlUenton.) o budgeting separately for transportation services. f 6. AU1'UbIA'fr;D JAIL ARRAIGNMENTS What would the costs to the City for automating jail arraignments be as performed by the municipal Judge? (A meeting among the Municipal Judge, Data Processing staff, and the budget Analyst nas been scheduled for the week of Septeiaoer ,a 4tii to discuss automation costs.) 7. PUBLIC SAFETU POLICL o gnat are the Police response times to emergency and non-emergency calls': 1 o How many protective vests are available or used by police i officers'.' The majority of IOU sworn police personnel have bought their own protective vests at a cost of approximately $400 each. Twenty vests were bought by the Police Department with private donations. Cnief Jex reports that only five officers remain without vests that have expressed a desire to use one. !N 8. UTILIft RATeS o Review of the proposed rate increase for security lighting. Revenues from this rate increase amount to $22,000. Detailed below are the number of security lights currently in operation, as well as proposed rate changes for each type of security ligl,,. CURRENT N/1 TYPE OF LI(Atl' PRUPUSEU RA'fh CHANGE 17 / 013 25OW Mercury Vapor $ o.lu to $ 7.25 f 1u / ul3 40OW Sodium Vapor" $IU.lU to $11.00 119 / 183 40UW Mercury Vapot $ 6.85 to B.UU I 483 / 193 IUUW Sodium Vapor $ 6.2u to $ 7.5U 234 / 143 2504 Sodium Vapor $ 8.20 to $ 9.75 774 / 473 175W Mercury Vapor"* $ 5.45 to $ 6.25 1647 /lUU3 TOTAL f *All 40UW sodium vapor lights are used oy the City. j 0*175 Mercury Vapor lights are no longer set. When replaced, these lights are replaced with another type of light. i I F -Flow Memo to L1oyi V. Harrell. August 31, 1189 Page 3 of 3 9. ECUNOhIiC DEVELUPwENT CONTRIPUfION o Placing a ca on the utility economic development contribution. (Proposed budget is $76,000.) 10. LIST OF ECONOMIC DEVELOPMENT EXPENDITURES What direct contributions does the City make toward economic development? 11. OFFICE/CLERICAL PAYPLAN ADJUSI'MEN'f the current proposed payplan adjustment for the office/clerical h job family is 2.51. ' Please advise if you wouid like to include any further items otner than those listed above. oh Mc(~rane JFMcG:af Attachments 4819F j i I ' j i