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04-03-1990
, I IS wtv~ ~ 6 d , k AGENDA CITY OF DENTON CITY COUNCIL April 3, 1990 Work Session of the City of Denton City Council on Tuesday, April 3, 1990, at 5:15 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 r also be considered as part of the Agenda for the Regular Meeting. 5:15 P.M. r I 1. Executive session: y A. Legal Matters Under Sec. ;(e), Art. 6262-17 V.A.T.S. 1. Consider action in In Re: F1. r 2. Consider approval of Order of Sale of properties for non-payment of ad valorem 11 taxes. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Consider acquisition of right-of-way for Nottingham Drive. i C. Personnel/Board Appointments Under Sec. 2(g), E Art 6252-17 V.A.T.S. 1. Hold a discussion regarding the hiring of an {I aduitional part-time Municipal Judge, f 2. Consider an appointment to the Criminal i Y Justice Council. 3. Consider aj Boa { r Board. Code - rd and the oElectrical Code the 2. Receive a report on the Denton Beautification Commission and a statue report on "Keep America Beautiful" Certification. I y 3. Receive an update regarding the Enterprise Zone. 4. Hold a discussion regarding the revised building permit process. S. Hold a discussion regarding proposed changes in policy for candidate water/sewer lines. I F P City of Denton City Counct). Agenda April 3, 1990 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, Aprtl 3, 1990, at '7;00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following G items will be considi3ced: p.m. r:a~z N 7.00 1. Presentation of Yard of the Month Awards. { 2. Public Hearings A. Hold a public hearing and c,sneider adoption of an i ordinanco with regards to a change in the zoning i classification f?:om Single family SF-7 to Planned Development District (PD) on a 12.33 acre tract located east of Malone Street and south of U.S. Highway 380. Z-89-009 (The Planning and Zoning 1 Commission recommends mpproval.) B. Hold a public hearing and consider adoption of an ordinance for a zoning change from Planned ' Develupment 40 to Single Family 7 (FF-7) for 1.603 acres locates between Bell Street and Mingo Road and south of WICh9rs Street. (The Planning i and Zoning Commission recommends approval.) 5-90-002 C. Hold a public hearing and consider adoption of an ordinance for a zoning change from Office (O) to Multi-family 2 (MF'-2) for 3.232 accost located at 2424, 2444, and 2524 Nest Oak. (The Planning and i Zoning Commission recommends approval.) Z-90-001 i D. Hold a public hearing and consider the secondary effects of sexually oriented businesses and the adoption of an ordinance to regulate these businesses. (The Planning and Zoning Commission recommends approval.) E. Hold a public hearing and consider adoption of an ordinance amending Appendix B, Zoning Ordinance, Article 17, Sign Regulations to meet State Department of Public Highways and Transportation Dep,rtmentts requirements for certification. (The Planning and Zoning Commission recommends 1 approval.) 1 i lull City of Denton City Council Agenda April 3, 1990 Page 3 3. Consent Agenda Each of these items is recommended byy the Staff and { approval thereof will be strictly on the baeis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the staff recommendations, Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4.A, 4.B, 4.C, 4.D). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchases 1. Bid 01086 - Roof Repair - Heritage Oaks 2. Bid 01082 - Sewer Vacuum Truck 3. Bid 01083 - Loader Backhoe 4. Bid 01084 - Articulated Wheel Loader 5. Bid 01087 - Load Profile 6 Tariff Meters 6. Bid 01088 - Emergency Preemption System 7. P.O. 094407 - IBM Proprietary Software Lease 8. Bid 01007 - Tri-Con Services Change Order 01 i 4. Ordinances v , A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, { equipment, supplies or service-j. (3.A.2. - Bid 01082, 3.A.3. - Bid 01083, 3.4.4. - Bid 01054, 3.A.5. - Bid 01087, 3.A.6. - Bid 01088) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (3.A.1. - Bid 01086) 1 rY 7 f n r City of Denton City Council Agenda April 3. 1990 Page 4 C. Consider adoption of an ordinance providing for the expenditure of funds for purchasea of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (3.A.7. - P.O. #94407) 4 t D. Consider adoption of an ordinance authorizing the execution of a change order to a contract between 1 the City of Denton and Tri-Con Services; and 1 providing for an increase in the contract price. (3.A.8. - Bid #1007) E. Consider adoption of an ordinance establishing metered parking for vehicles on the south side of E West Hirkocy Street from its intersection with Avenue B to a point 70 feet east of its ; intersection with Avenue A; providing a 1 severability clause; and providing a penalty not to exceed $200.00 for violations thereof. (The Citizens Traffic Safety Support Commission recommends approval.) ; F. Consider adoption of an ordinance amending an II agreement for engineering services between the City of Denton and Freese A Nichols for the performance of professional engineering services for improvements at Denton Municipal Airport. { 0. Consider adoption of an ordinance amending j Article 4.15 of Chapter LV, Article III of Appendix A of the Code of ordinances to provide for amended drainage requirements and design r standards; amending Section 10 1/2-17 (Flood j Damage Prevention; of the Code of ordinances relating to floor elevations; providing for a severability clause; and providing a penalty in i the amount of 1500.00 for violations thereof occurring within the City of Denton. t 5. Resolutions A. Consider approval of a resolution designating the week of April 7 through 14, 1990 as National Community Development Week. I ~ r J a 1 IPe l 1 , i r City of Denton City Council Agenda April 3, 1990 j Page 5 J B. Consider a 1 pproval of a resolution authorizing the Mayor to execute .:n agreement between the City of Denton and the City of Sanger to provide for mutual emergency assistance in the form of personnel, equipment, and materials. (The Public Utilities Hnard recommends approval.) J C. Consider approval of a resolution temporarily 11 closing Fry Street between the intersection of Oak Street and Hickory Street on Sunday, April 29, 1990. ° 6. Miscellaneous matters from the City Manager. A. Budget Recap 7. Official Action on Executive Session Items: A. Legal Matters ' B. Real Estate C. Personnel + D. Board Appointments I B. New Business: This item provides a section for Council Members to suggest items for future agendas. 9. Executive Session: A. Legal Matters Under Sao. 2(s), Art. 6252-17 ✓ V.A.T.S. B. Real Estate Under Sec. 2(f), Act. 6252-17 V.A.T.S. { C. Personnel/Board Appointments Under Sec. 2(9)4 Art 6252-17 V.A.T.S. w NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM VOR WHICH IT IS LEGALLY PERMISSIBLE. } C E R T I F I C A T E I I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, i' on the day of 1990 at o'clock (a.m.) f CITY SECRETARY 3244C awl X CITY CC1UN IL C i I ~ k 'j f i i I fi a j r a w s~ p0~ ~ 1 °~oocacc ~ I i Ilf R91~ 1 R. DISTRICT COURTS OF DBNTON COUNTY /T 0' PHILLIP VICK 158th Di,ntrict Court JOHN NARSUTIS 16th District Court DAVID WHITS 362nd District Court t SAII HOUSTON a.ax 211th District Court LB8 GABRIEL 367th District Court March 13, 1996 Honorable Ray Stephens 215 8. McKinney Denton, Texas 76201 Dear Mayor Stephens: ' i As a result of the passage of HB 2335 by the recently com- { pleted session of the Legislature, massive changes in our ' R criminal justice system Commenced on September 1, 1484, one of the major changes will involve the increased use of com- munity-based corrections for certain offenders, The Legislature has required that each judicial district have a Criminal Justice Plan in order to receive State aid, which I plan shall includet i 1) a summary of serviceal 2) a description of proposed new facilities or programs or significant expansion of existing facilities or programel 3) a description of services needed for offenders► 4) a copy or description of proposed contracts required to achieve proposed facilities or programel 5) a etttement of commitment to achieve a targeted level of alternative sanctions 6) descriptions of implementation processeel 7) descriptions of existing programai s 8) any other information required by the Division, The Criminal Justice Plan is proposed by a Community Justice Council in any jurisdiction desiring to receive funds for any community corrections facility. The Community Justice Council is to consist of a city council f member of the most populous city in the area to be served. ~t',F R 1 61' '+7 j'!f jfl J: [1 fiY Ui 2+(Ij Pfl 4 ~~._J n G•••. r,:~M;rIAGERS CFFIf.Q I I i i ~~1ry r Enclosed you will find a ballot which you are to cast your vote. Please return the ballot to me at Carroll Courts Building, 401 w, Hickory. Denton, Texas 76201 by April 6, 1990, J Thank you for your interest in this exciting new era in 1 community corrections. F truly, i 3 i I i I I ~ t j arses . i J] rr 1 0 Ch, 78br fl 9.02 7tet LE0i8LATUR9E 119GULAA 8Es81011 M Sea J. COMMUNITY CORRECTIONS FACILITIES: COMMUNITY JUSr1Ci i COUNCIL, (+J Subject to Subsection (b) nfM4 teolfon, a deyortmen Bounty, mru w f palify, or apoy combination invofvin~ mare than one of !rase enlff~ee mny gfobluA community conecfions focifities oJ1A types deeenbed 6yy Section Article µ'.i! q/ tr4 eodr, it deparfmsn4'county, municipality, or comb fnalian involving more I4as one of those enblies iaspo Term eafly encouraged to ppurcAw or enter into eonfrae4Jor the we oJa~audoned or uhf lied public ae(lif4s, such as rural Aa fo purpose ofprovidin treatment oeilitia, 7!r ng 1R depart. mnb that use abandoned or underutilirrd fan?li Has described make by this ~sefox F (b) At a prerequ4ife, to establishing a community correcUorufacility under tr4 section or a county correctional center under Su Aapter H, CAapbr ddl, Local Government Code, a community justice council must be establ tAed by the district judge or)udges, senders a board or council crab in the community an fAe t.f)4e1(ve ~ date q/( ltb section that performs duties substantially similar to !rose imposed on s communif J yju+tice aouncil under this section. no council stall provide acntinuinp 11 policy guidance and dirsef(on for the developrrtt.nt of criminal justice plans and community correction$ fatifOW and programi. A council sAoufd conasl the Jbllowinj persons or their designow (1) a sheld/a county to be urwd by the facility, chosen by tde $A#HA of fhe counties to bi toned by the fanlify; (g) o county commissioner or n count acifil Y Judges m a county to be served by the f y en by Ire county eom n4t.ioners and unfy jwdgu of fAe countiu to be serurd by chosen the docility; 1710 ' 4 facllitychoe n bthan y therstatbleg4laton afed dom the countieess k be neitned rved by ththe e facility; (d) the frirsiding judgeJiem o judicial district to be served by the/aitity, chosen by the dstrict judges Jrom the ludiciol districts to be served y (At. foe(lity; 0) a judge of a statufo 7county court ersrcisinDD criminal uric, iction (n it county to be served by (At Wily, to be chosen by the Judget a/ statutory cow ity cowrie with criminal /wrisd(ction in ;Air counties to k served by the facility; € (i) a county attorney with eriminaijur4dictiondrom a county to br urwd by the faeilify, chosen py (As county atforneye w(tA erimfnailurisd(efion Jinm the coun• bee is !o urwd by Ohe faeifaty; (g) a district aftm tey or criminal district alfarnsy/km o /~udiefal district to be sensed by (he {lity, a osen by the district atforneyye or omitsl district attorneys Jhom the Judicial datriets tot urveed~by Medaci;fty; and enl a eoun~y to be served byr fthe j n1 ty hosensby the nrmbers alike bo Arddssiaf irwtooo of independent ecAooi dialncts toealsd in counties to be served by the facility. EI I i I MIA] 1 5 Y ~ f CITY COUNCIL 1 a E 1 J ~ l ~ I i! A0 to f s ~ d pp0 4op O afo H , f 1 ~~~OCQ~GOfl~~ f J~ I " ell ~J H. pI~VY ` I , . won DATEI 1/3/90 CITY COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council ~p~ FROMI Lloyd V. Harrall, City Manager SUBJECTI Receive a report on the Denton Beautification Commission and certification in Keep America Beautiful, Inc. RECOMMENOATIONt { The Beautification Commission recommends continuing the S certification process and requests an endorsement from the City Council. J i SUMMARY: In March of 1989 the City Council authorized the submittal of an epplication to Keep America Beautiful (KAB) for Denton to become a certified city in the Keep America Beautiful System. The ' certification process requires the completion of a litter/solid waste survey, completion of a photometric index, the establishment of an organization to carry out the KAB program, the selection of a { coordinator, and the selection of a date for a certification meeting { after the completion of the other four requirements. The litter/solid waste survey was completed in July of '.989. The photometric index, an actual count of litter in a sample area of the city, was completed on March 29, 1990. As the staff liaison to the Beautification Commission, Cecile Carson, Administrative Analyst, will Serve as the coordinator for the program. Therefore, three tasks have been completed. i Keep America Beautiful also requires an ongoing organization to be established. In August of 1989 the Beautification Commission presented their proposal to establish committees to the City Council. The Commission and its committees have been meeting regularly since August. The Keep America Beautiful program requires that the organization be a commission of the city council, a committee under an o<isting agency, a board or advisory council appuinted by the mayor, or a non-profit organization. The Denton Beautification Commission was established by expanding the 0 membership of the Beautification Task Force. The raeolutian establishing the Task Force could be revised to meet the requirements of Keep America Beautiful or the Council may recommend another alternative. The Commission has requested Keep America Beautiful to arrange a certification meeting in April 1990. Information on Keep America Beautiful, the Commission, and recycling is enclosed. i f i t r CC Format Page 2 BACKGROUND: The City Council eppointed the Beautification Taek Force in January of 1987. The members have made recommendations on new ordinances and ordinance revisions, assisted in the establishment of beautification programs$ organized a city wide clean up, and ,gyp, promoted recycling programs in the City. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDz t Citizens, Ausinesses, and Visitors to Dentoi i FISCAL IMPACTe Clean up projects and litter awareness programs should redu:e costs for the City. October Clean Month saved over $30000 by the collection of 7.5 tons of litter by volunteers. Recycling in Denton has generated approximately $20,000. f ~ Respe 11 ~~eQ` Prepared byi Lloyd Harrell- City Manager 4 Cecile Carson Administrative Analyst APP ovod: I FVWWP7 sus aVA j .ant to the City Manager j i i a .4K 79jj4j-~ I 4 } S KUL AMERICA BEA(Trir ,s INC. a national, non-profit, public education organization dedicated to improving waste handling practices in American communities TAP AMERICA BEAUTIFUL SYSY$d The KAB System, a behaviorally-based approach to litter prevention and voluntary recycling, was launched in 1976 after three years of research. Since then, over 000 cities and counties in 40 states have implemented the E System, experiencing litter reductions of up to 80%. These communities range in site from 300 to several million people. Today, 70 million people nationwide are impacted by KAB System programs administered at the local level, providing the foundation for improved waste handling practices in American communities. 1 E The KAB System works to change behaviors - those attitudes and practices each person has about handling solid waste. Every store owner and school teacher, ~ homeowner and construction worker has a set of attitudes and behaviors about j handling solid Taste which can help or hinder keeping your community clean. Through its comprehensive behavior-based technique, the KAB-System turns negatives into positives. The three years of research underlying the System found that there are seven major sourcas of litter in most communitiesr - improper household refuse putouts - improper commercial refuse putouts - uncovered vehicles - loading docks - construction and demolition sites - motorists f - pedestrians i The research, undertaken for KAB by a behavioral science consulting firm, found that most people only think of motorists and pedestrians as sources of I litter even though lass than half of all litter in communities comes from those two sources. The other five account for at leott 50% and sometimes as much as 80% of litter accumulations. People share three norms (or a titudes) about handling trash. People litter wherei - they feel no sense of ownership for the property. - they believe someone also will clean up. I - trash has already accumulated. j 'i The KAB System changes these negative attitudes. k i 1 Y ro -2- The process begins when a community files a completed Application for Certification with KAB. To be admitted to the pre-certification phase, a community must get the written support of its chief elected official for local implementation of the System, ask the public works director to evaluate the f problem and commit funds, and the community must name a three-person S organization team to guide the early development of the local program. This organization team attends a task oriented 1 day Pre-Certification Training Workshop at which they learn to organize a citizens' committee, hire E a local coordinator, and gather the facts and figures necessary to start the System. This process takes 60-90 days. 1 After the completion of certain certification requirements, broad-based I S citizens' committees composed of leadership from business and Industry, civic organizations, the media, neighborhoods, local government and schools direct the program. These leaders reach out to others in their sphere of influence, Involve them through workshops and secure their commitments to help. i ~ I Simple cleanups do not work. Loose trash returns in days or weeks following a cleanup effort. Local KABS organizations focus one PREVENTION vs. PICKUP Cleanups will always be a part of any local KAS program's action plan for a cleaner community but, changing the behaviors that generate the litter is a long-term, lasting solution. Nor will a simple cleanup generate the wide-ranging benefits that result from the System. A Coat/Benefit Analysis of 10 System communities, conducted by the American Public Works Association and funded by the Lilly Bndowmart, compared benefits received from the KAB System to the amount of municipal 1 funding of these programs. It showed that for each $1 in municipal funds I Invested in the KAB System, those cities have experienced from $1 to $111 in 1 benefits. According to the APWA, most municipal officials accept a 1-to-1 j return as justification for continuation of funding government services. l Clearly, the elected officials in these communities find the KAB System n worthwhile investment. Apart from the over 400 cities and counties implementing the System, there are I thirteen statewide KAB Systems Georgia, Virginta, Nebraska, Kentucky, { Louisiana, West Virginia, North Carolina, Arizona, Illinois. Texas, New Mexico, Ohio and South Carolina have established statewide mschanisms to I oversee the growth and quality control of System communitiea. KAB takes pride in the fact that seven other nations have adapted the techniques of the KAR System to their own national cultures. They arts The Sahamu , Canada, Japan, South Africa, Bermuda, Great Britain and New Zealand. Also, the AFL-CIO and the American Public Works Association have both formally endorsed the Keep America Beautiful System, I I I I 1 1 i -71 {MIi.. t YC{! , ~ y ~ -y- 7 THE RAB SYSTEM 1 LITTER DEFIBInm Misplaced So1id Waste PRACTICES WHICH RESULT IN LITTER: Improper waste handlingr at commercial refuse storage areas (dumpsters) - of household refuse putouts - at construction sites at demolition sites at loading docks - during hauling from vehicles by pedestrians LITTER DYWY9S i Litter is carried by water, wind, traffic usd animals until it stops and becomes trapped in a fence line, by a wail, etc. SOURCES + Water OF Wind TRAPPED TER Traffic LITTER Animals I EAB SYSTEM TOOLS rQk CH_!►?CE: Litter/Solid Waite Survey Photometric Index Measurement - Organisational Structure - Attitude Change Process Managament Process - Tour Pressure ioints/Components For Change I I I ,Owl n~c•a ~ s i . -19- KIIP APMRICA BEAUTIFUL SYSTEM EEQUIEEMEMTS FOR CERTIFICATION 1. Base line Photomstric Index completed 2. Litter/Solid Haste Survey completed 3. Organization established includingi i' a) a Chairperson and Board members of your citizens' organization appointed, andl b) the formal recognition of the local KAB System by the 'f municipal governing body, if appropriate j 4. Administrative needs met includingi a), the Executive Coordinator secured, or sufficient progress made to assure that this task will be completed soon without apparent difficulty, andl b). the commitment of sufficient funds and resources to permit efficient program administration for the first year of the I local KAIS organization I E S. Certification Meeting planned i These five tasks should be completed within 60-90 days of the training of the local Organizational Team by KAB. I F C, wx t S -28- i w } TYPES 1. COMMISSION Usually must be created by an ordinance. Allow for time: consider Council procedures (number of readings, committee assignments and readings, action, etc.). In deciding appointments and terms, consider political structure: f Strong Mayor / Weak Council Strong Council / Weak Mayor Strong Mayor / Strong Council City,Manager / Figurehead Mayor { Then decide whether the Commission members are elected or appointed, and who does it, or does what percentage of it, for straight terms or staggered terms, etc. Examplei A strong City Council will probably want to elect the 4 Commission members, but it there is also a strong Mayor, the j procedure should be altered to where the Mayor appoin'.a and the Council approves. Another option which allows for co:ubined responsibility is where one body recommends and the other appoints. ' Stassared terms provide continuity. VAAjggg,gred terms provide Mayor or Council control. S 1 c E I i ~ F f -29- 2. COMMITTEE I Under an existing agency (does not have to lncorporate)t i 1 Chamber of Commerce An already established not-for-profit organization or agency Governmental organization (an already existing Commissions Beautification Commission, Solid Waste Study Commission, etc.) Under a city or county departmenti I Public Works or Sanitation Metropolitan Development Health Other ! ~ll 1 r 3. BOARD/ADVISORY COUNCIL/COMMISSION ~I Create by Executive Order (effective with a strong Mayor) Does not indicate funding source tr ~ Adds clout Lasts only through Mayor's term I ~ j 4. IHDEPRHDSNT NOT-FOR-PROFIT 09CANIZATION i I Most Independent Requires application time Allows for tax deductible contributions Needs legal assistance 3 ~.Cl F ~I w a r e -15•• EE HON KAB SYSTEM PROGRAMS NOW( b ~ The facts (step 1 of the Attitude Change Process - Get the Facts) gathered in the "analysis" step of the 'pre-certification phase are presented along with the goals and objectives of the local KAB SYSTEM Organization. A Chairperson is selected and Subcommittees (step 2 - Involve the People) are formed to develop a systematic plan of action (step 3 - Plan Systematically) to meet your goals and objectives. Members of each subcommittee are thoroughly trained in the fundamentals of the KAS SYSTEM, Your KABS should have at least five of the sight subcommittees listed belows j 1. Schools { 2. Media/Public Relations 3. Civic Groups 4. Goverment 5. Business/Industry 6. Recycling 7. Finance S. Neighborhoods j a, Using the Pressure Points For Ch ange/Components mentioned below, each ~ subcommittee then develops program objectives to meet the defined needs in accordance with your organizational goals. Each subcommittee will use the 3 step Attitude Change Process to develop its goals and objectives. Guidelines for specific objectives are outlined in detail in the Post-Certification Manual your K1B SYSTEM j - Organization will receive once all the certification requirements E have been met. 4 Pressure Pointe for Change/Componmtss + 1. Update Ordinances i i 2. Effective Enforcement 3. Improved Technology 71 4. Continuous Education i i 9 ' f a I ~ ib»L M , I RESOLUTION NO.~ A AESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON CREATING A BLUE AISION CITIZEN'S TASK FORCE FOR IEAUTIFICA CITY ENTRANCES AND OTMIA CITY BEAUTIFICATION EFFORTS; SAND FAOVIDINO AN IFFECTIVI DATE. WHEAIAS, the City Council of the City of Denton is desirous h Of creating a Blue Ribbon Citizen's Task Force for the feautifi• cation of Major Entrances Into the City and other city beautification efforts= and WMEAF.lS the Took Force shall have the authority to review efforts and pto908418 by various stoups within fro city to Improve the major entrances to the Cityi and WHIAEAS, the Task arcs shall ideatify the major entrance to the Cify, review %f other citi• $ recommendations on steps that the Council might tike to promote these earrancesi and P WHEAEAS, the Task force shall make rscommeadatioas to the City Council, including zodin and sign regulations, code J roauirtments, a stet-beck requiremen s, and dsviewng`obstruction aspects= and WHIAIASt the Task Force shall become effective immediately untilea IijuldellaosfforCmajor s atrances late the Citydandpother city beautification efforts have been established= NOW, ` THIAIFGAS, BE IT RISOLVED BY THE COUNCIL OF THI CITY OF DENTON, TEXA31 ~ 5 CTI N That various individuals will be appolarod by resolution to constitute the "flue Ribbon Citizen's Task Force for Ioautift• cation"3 ON 4 e!loTh a t the Task Force shall have the authority to revI pp and proposals by various groups within the City to elfortsi the mor identify fh* sdjorrdntrincisytoathe Clt'bea,Vi4W Whit other cities have done and make recommendations on steps that the Council might take to promote these entrances; hake recon• 1 ■endations to the City council, including zonla$ and sign h I g 1 regulations, code enforcement activities, coordinated land. $Capin$, planting requirements, set back requirements, and view obstruction aspects. J 4ICTIOi.a. N ICI That this resolution shall become effective immediately upon i its passes* and approval. PASSID AND AIPROYLD this the day of 1917. CIS' 4P DfNT No TEXAS i ' I ATTISTI I INTON, TEXAS C OF APPLOYID AS TO LEGAL FORME DEW ADAM DAAYOYITCH, CITY ATTORNEY CITY OF DINTON, TEXAS 7 I DY: I i PAGE i i Mum lyl r a KEEP AMERICA BEAUTIFUL DENTON COMMITTEE STRUCTURE R t 1 The following information identifies the name of the committees and their responsibilities: { 1. Business and Industry Business of the month awards: act as peers for business cleanups: t recycling programsl assist in adopt-a-street, type, projects? act as liaison to Chamber of Commerce; and host receptions and help with publicity. 2. Communications i Acts as public relations and marketing arm: organize and prepare public service announcements, newsletters, design logos, provides regular information to the mediai and makes film presentations. 3. Community Organizatione { Liaison to civic groupl, church groups, scout troops, and fraternal organizational provide'information to groups about litter, recycling and beautificationi assist in adopt-a-street, types recruiting volunteers and memberst and providing speakers to organization. i ' Education Implement "Waste in Place' curriculuml sponsor and oversee campus cleanups promote recycling and beautificationt publicize Youth Awardal and organize programs for all grades. i S. Municipal Operations Review ordinances related to beautification, litter, woods, ate.l prepare literature about ordinancess support and assist Code Enforcement and Police: assist in coordinating beautification efforts of City and county 1 organizations and departmental assist in implementing City-wide recycling and solving illegal dumping. 6. Special Projects •?rganiae clean up events and city-wide cleanup day(o)r organize neighborhood competition for cleanups and assist with business and community group cleanup projects. Responsible for promoting and monitoring adopt-a-type programs (streets, highways, spot, railroad, etc.). Responsible for Squeaky Clean (basketball, football, Main Street programs, Chamber of Commerce and all special events). 7. Membership I{ j Develop membershlp program including types of memberships. Recommend 1 iI benefits that members receive. Monitor response by members to promotional materials. !!!f 1570k// 1 i I ~JIAwIRI+YV~ ~ I 9 J f, r DENTON BEAUTIFICATION COMMISSION JEANE MORRISON - CHAIR DENTON BEALTIFICATION COMMISSION FRED PATTERSON - CO-CHAIR COMMUNICATIONS COMMITTEE JOHN ENLOW - CO-CHAIR COMMUNICATIONS COMMITTEE JUDD JONES - CO-CHAIR COMMUNITY ORGANIZATIONS COMMITTEE TOM HARFOOL - CO-CHAIR COMMUNITY ORGANIZATIONS COMMITTEE k CAROLYN COWARD - CO-CHAIR EDUCATION COMMITTEE BETTE SHAW - CO-CHAIR EDUCATION COMMITTEE JIM RENDER - CO-CHAIR BUSINESS/INDUSTRY COMMITTEE DONNA TRAMMELL - CO-CHAIR. BUSINESV INDUSTRY COMMITTEE MELVIN WILLIS J BILL CLAIBORNE 1 J.B. SMALLWOOD - CO-CHAIR SPECIAL PROJECTS COMMITTEE BILL N "GETT - CO-CHAIR SPECIAL PROJECTS COMMITTEE } SAM MA',tNO MABEL DEVEREAUX MARY ANN MERKI - CO-CHAIR MEMBERSHIP COMMITTEE BONNIE TAYLOR - CO=CHAIR MEMBERSHIP COMMITTEE ROY APPLETON, III - CO-CHAIR MUNICIPAL OPERATIONS COMMITTEE MIKE COCHRAN - CO-CHAIR MUNICIPAL OPERATION3 COMMITTEE JOHN COOPER i j I I i I I1 . I iI I ' i I i 1 rur r4 5 $ _ !4~ r I lid 31 11 1 111 CITY COUNCIL 1 I TI # a a ~l ,y 00 ~ 0~0 N 1 )I r OC G4 ' i i' 9 y , 3. , CITY of DENTON, r"AS 215 E. MCKINNEY/ DEN70N, TEXAS 76"1 ! TELEPHONE (017) W4200 M E M 0 R A N 0 U M TO: Mayor and City Council Members ( FROM: Batty McKean, Executive Director Municipal Services/Economic Development DATE: March 30, 1990 i C SUBJECT: Enterprise Zone Update The following information summer Itoo completed activities, proposed revisions and scheduled future actions for creation, local adoption and state designation of City of.llenton,Enterori,s4 Zones. In accordance with the proposed schogvl'e.•prsssntsd to the City Council on March•20th (*to Attachment-t), City stiff is proceeding to develop information requi,0ed for completion 'of the enterprise tone application process, This attached information includes final revisions to the boundaries of the proposed Witton tones as well as a list of proposed incentives. 9cundArIalLgf Proooaad Enterprise Zonu City staff is presentinip a revised map of the enterprise tones which more closely meets thi`state, requirements for economically i distressed Press and, at the *am* time, allows for inclusion of additional favorable sites that have been brought to our attention, A map of the revised tones and a narrative description is provided in Attachment II, k Zone i now includes approximately 9,96 square miles and Zone II ( encompasses an area of 6.64 square miles. j 1 ~ M i 1 s G z Enterprise Zones March 30, 1990 Page 2 Proposed Incentives Attachment III addresses the incentives proposed for inclusion In -r the Denton Enterprise Zones, It is suggested that initially the incentives for both zones be identical. However, Amendmants may be made at a later date. These incentives have, to a large degree, been developed from previously adopted and existing programs which the Denton community currently provides to new ~r expanding r, businesses in the area. However, tecauss the enterprise zone functions as a marketing tool to "package" incentives, it is important to 11st all Denton programs which are beneficial to business and industry, I 1 For eaae in communication and differentiation of different types of incentives, we have organized and grouped them into four categories or tiers; s i Tier I (General Incentives) provides a description of the incentives which every business within the zones is eligible for. i r Tier II (Local Incentives/Special Criteria) describes those incentives which businesses may apply for J1 they most certain criteria established through local ordinances or guidelines. For instance, in order to receive a discount on electric utility rates a business must have a minimum electric consumption rate of 200 kw i as established in the Industrial Development Rate guidelines, A i capsule of the requirements or guidelines a business must observe to apply for the incentives in Tier 11 is also provided in Attachment iI, I Tier III (State Incentives/Small Businesses) covers a narrow program of state incentives that we intend to offer for three smallop businesses each year (between both tones). This program allows for refunds of state sales tax up to $6,000 per calendar y4&r based on $600 for each new job created or retained. This is ~ proposed to be a competition among smaller businesses that would be decided by the Denton Center for Small Business Advisory Board. Tier IV includes the state enterprise project designation incentives, These incentives allow two selected businesses within each tone to apply for refunds of state sales taxes on purchases of i machinery and equipment up to {260,000 per state fiscal year (September to August) and not to exceed $1,26 million over a five year period, This is based on $2000 per employee hired in the tone, R E L 1 1 1 y~y I: ,v 41L.1~ Enterprise Zones March 30, .990 Page 3 4 { Proposed kghedWj In accordance with Attachment I, Proposed Schedule for Creation, a' Local Adoption and State Designation of Denton Enterprise Zones, city staff is preparing a proposed ordinance for your consideration at the April l7th City Council meeting, At that time a public hearing is being scheduled to allow for community feedback. Because adoption of the local zones also functions to create reinvestment zones required for tax abatement, the City Council must also include an endorsement of the community-wide tax abatement policy as a part of the enterprise zone ordinance. i The Denton Tax Abatement Task Force is scheduled to complete their review and adoption of a local tax abatement policy on April 12th, five days prior to the public hearing. In order to maintain the proposed schedule for approval of the zones and continue to observe the state requirement to complete the enterprise zone application within a 90-day time period, both the community-wide tax abatement policy and the proposed enterprise zones are scheduled for City J Council consideration at the April 17th meeting, A second reading of the enterprise zone ordinance is scheduled to take plats at the May lot Council meeting. Conclusion We are confident that city staff and community leaders involved with the adoption of the proposed Denton enterprise zones are proceeding according to and within the guidelines of the state program. Accordingly, Frank Robbins and I will be available to I address any aspect of the program or provide further details of the Information presented above at the April 3rd Council meeting. E • Batty M s Executive irector, Municipal Services/Economic Development i i t 1 1 Owl i s i t owl ; i ATTACHMENT I F (03/30/90) ILI Proposed Sheduls for Creation, Local Adoption and State Designation of Enterprise Zones for the City of Denton March 30, 1990 ' Oats, Event/Activity; 2/27 In-House Economic Development Committee discusses ` enterprise tone legislation, f 3/01 City officials review enterprise zone legislation and request census tract information from the Texas Employment Commission required for the state enterprizo zone designation, 3/06 City staff receivep census tract information 1 including employment, poverty and income data from the Texas Employment Commission (90 day time period for approval of the zone begins). 3/07 City Staff and Chamber officials meet with representatives of the Texas Department of Commerce to review requirements of the state enterprise zone ' program, 3/20 Staff presentation to City Council on the state enterprise zone program, 4/03 City Council announcement, public notice and notice to TDOC (Texas Department of Commerce) of intent to create enterprise zones in the City of Denton, 4/12 Joint public hearing with. Denton Independent School District, Denton County and the City of Denton Tax i Abatement Committee for adoption of community tax abatement policy. { I 4/17 City Council Public Hearing to establish and ± enterprise zones in Denton, 6/01 Second reading and adoption of city tax abatement policy and ordinance to establish Denton enterprise i zones. f i J 1 a i a . . Ile- r1 F1 f I ~ 5/04 Complete revisions to city tar, abatement policy and enterprise zone ordinances. Submit enterprise zone applications to TOOC. f 5/18 TDOC completes initial revisw of Denton enterprise }y zone applications, 6/22 Complete revisions to enterprise zone applications based on feedback from TOOC review and final review of Denton enterprise zone application. 6/31 TDOC completes final review of Denton application and grants state designation of Denton enterprise zones. { j j 1 i 14 y i r ; r J ATTACHLENT 1 (03130190) I INTERITATE 35 1 F PA 144 II e 4 I I ` -'L j t: I '1..-" • Cl" uwrl t~ r f r L, I I I ~t 6 y~I j ~Iy~~ r' INTCASTATt 36 r err r NZOBN~qI EMI. ~ `1 Ir ZONE Z f 6,44 .q, j t+ M I ~rwwwwwrw ~~w, r Description of Area Included in proposed Enterprise Zone I City of Denton, Texas North Hickory n Creakie of Jim Chciatal Nthe centerline intorsection at the Road with THENCE in an easterly direction with the centerline of Jim Christal road to the centerline of the Dry Fork of Hickory Creeks THENCE with ntersection miander of the r For~ of northeast (Stream kDF-2 the 4 i rim mapsH THENCE in a northeasterly direction with Stream DF-2 to the f centerline of Jim Chcistal roads THENCE in an easterly direction with the centerline of Jim Christal Road and crosoing the centerline of Interstate Highway IH-35 and continuing with the centerline of Scripture Street to a the centerline of Ponder streets Point in ~ THENCE in a northeasterly direction with the centerline of Ponder street to a point in the centerline of Conycess streets street to a point THENCE in an easterly direction with the conterlins of Congress at southerly to a point in thee centerlino of West nHickory streeejroll THENCE in a westerly direction with the centerline of West Hickory street to a point in the centerline of Bernard streets THENCE in a southerly direction with the centerline of Bernard street to a point in the centerline of Eagle Drivel centerline of Eagle Drive EN THNCE point a in westerly ntedirection cline of wAvenue ith th 6s to THENCE in a northerly direction with the centerline of Avenue E to a point where the eastward extension of the south boundary line of the•Owsley Addition intersects the centerline of Avenue to THENCE in a westerly direction with the south boundary line of ' the Owslay Addition to the centerline of Bonnie Brie streets i Bonnie THENCE a to a northerly point in direction the t centerline t of Wet centerline Prairie o streets or THENCE in a westerly direction withinheofc Interline state ofig a st Prairie street to a point in the ba I35W1 t 8 I I I 1 ell If "t t r . , rwrrer I ~ f t zone I page 2 1aFNCE in a southerly direction with the baseline of I35W to a Ih point in the center of Hickory Creeki THENCE in an easterly and southerly direction with the meanders of Hickory Creak to a point in the centerline of the Union Pacific Railroad; THENCE in a southwesterly direction with the centerline of the Union Pacific Railroad to a point in the north line of the H. r Hagood Survey A-517 Denton County, Texas; THENCE in a westerly direction with the north line of said Hagood p Survey to its most northerly northwest corner! THENCE in a southerly direction Frith a westerly line of said t Hagood Survey to a re-entrant corner of said survey; THENCE in a westerly direction with the center of Johnson Lane and continuing in a westerly direction to the baseline of IH-35WI THENCE in a southwesterly direction with the baseline of IH-35W a distance of 2000' to a point for a corner; THENCE in a northwesterly and a right angle to the previous course 2000' to a point for a corner; THENCE in a northeasterly direction parallel with and 2000' northwesterly from the baseline of IH-35W a distance 3800' to a point for a corner; THENCE in a southeasterly direction with a 900 degree deflection to the right 2000' to the baseline of IH-35WI THENCE in a northeasterly direction with the baseline of IH-35W 1 to a point where it intersects the southerly extension of the centerline of John Paine !toad; THENCE in a northerly direction with the centerline of John Paine Road to the centerline of proposed Loop 288; THENCE in a northwesterly direction with the centerline of proposed Loop 288 to a point where the centerline of said Loop 208 intersects a northeasterly line that is 2000' northwest from the baseline of IN-35W) THENCE in a northeasterly direction parallel with and 2000' northwesterly from the baseline of IH-35W to the centerline of John Paine koad; THENCE in a northerly direction with the centerline of John Paine Road to the centerline of PM Highway 2119; y I a i owe a zone I T page THENCI in an easterly direction and a northerly direction with } the centerline of FM 2449 ano a1e0 the centerline of Underwood Road to the centerline of Hickory Creeks t THENCE in a northwesterly direction and up the meanders of Hickory Creek to the POINT OF BEGINNING, t 0707E/50 z" f f 1 d r 1+111 1 1 Y 1 1 11 ME i r F; F %;2►'_,tl~:~T. ~:~,}'VStC ~r,Lt.'.'f'yift i~rt EE.-:1r7~ l+ at tt y rti^.r$ 1 . :r.wettAt„ r f t?:t titre ~,7 Izcers:ate E:~lva :£,z ;2L t "o r..... .,rt of t ! s1. ►~ttt! Sure} It-li~£, Jtrtor. ior.,:} :teas; at Eas:et;}• .ire:t-,, ~irr; tr.e s."Ttn lint of satd "%te 5 zrey to tte certet.i2te of iilnr.r,it Stai sttttt; :EErict ir a sa.itter:y 1%recti sx iith t: t :.tr,tot lint of fN7.,~Jo a-so street aP+rcx:rattly licow to a Nis.i fOi a Z%Ntrlt,t :HLNtE in an easterly direction to th* tail ~`u5daty lire ~f tt! Co:Isrd Scrrey A-.97 ;tnton Couhty. Ttaast 73 said Collard Surveyrto trer censor lire ott,tat* R ghwayr57ilire ~f THENCE in a southeasterly direction with the contotIine of Highway 77 and in a southerly direction kith the centetline of North Elm strttt to the centerlina of Congress Av*nut, ~ I THENCE in a westerly direction with the centerline of I Avenue to the ctnterline of Carroll Boulevard, wnlttss THENCE in a southerly dirtction with the centerlint of Cattoll Boulevard to the centerline of west Hickoty street, THENCE in a westerly direction with the centerline at weak ' Hickory street to the centerline of Bernard str*et, ' THENCE in a southerly direction with the centerline at Bernard street to the ctnterline of Collins steett, THENCE in an easterly direction with the ctnterline Of COllihe street to the centerline of Carroll Boulevard, THENCE in a southerly direction with the centerline of Cartoll Boulevard and also with the centerline of ft, worth Drive to the bweline of Interstate Highway 1- »E, THENCE in a southeasterly direction with the baseline of IN*Jlx to the centerline of Dallas Drive, THENCE in a northwesterly direction with the centerline of Dallas f Drive to the centerline of Shady Oaks Drive, i THENCE in a northeasterly direction with the conterline of Ihady Oaks Drive to the ctnterline of the M.K, a T, Railroad, THENCE in a southeasterly direction with the centerline of the M,K. i T, Railroad to the centerline of Mayhill Roads i 4 i ~ W. "LOIN, ~y I 1 lr I " Description of Atea Included in Proposed Enterprise Zone II ih City of Denton, Texas h BEGINNING at the point of intersection of the baseline of Interstate Highway IH-35 with the north line of the A. White 'h Survey A-1106, Denton County Texas; THENCE in an Easterly direction with the north line of said White survey to the centerline of Bonnie Brae streets THENCE in a southerly direction with the center line of Bonnie Brae street approximately 1800' to a point for a corners f THENCE in an easterly direction to the east boundary line of the J. Collard Survey A-297 Denton County$ Texas; THENCE in a southerly direction with the east boundary line of said Collard Survey to the center line of State Highway 771 THENCE in a southeasterly direction with the centerline of Highway 77 and in a southerly direction with the centerline of North Elm street to the centerline of Congress Avenues THENCE in a westerly direction with the centerline of Congress Avenue to the centerline of Carroll Boulevards THENCE in a southerly direction with the centerline of Carroll I~ Boulevard to the centarline of West Hickory streets f THENCE in a westerly direction with the centerline of West Hickory street to the centerline of Bernard streets THENCE in a southerly direction with the centerline of Bernard i i street to the centerline of Collins streets THENCE in an easterly direction with the centerline of Collins street to the centerline of Carroll Boulevards THENCE in a southerly direction with the centetline of Carroll ` Boulevard and also with the centerline of et, worth Drive to the baseline of Interstate Highway I-39E1 ~ I 1 THENCE in a southeasterly direction with the baseline of IH-359 to the centerline of Dallas Drives THENCE in a northwesterly direction with the centerline of Dallas Drive to the centerline of Shady Oaks Drives THENCE in a northeasterly direction with the centerline of Shady ' oaks Drive to the centerline of the M.X, t, T, Railroads 1 THENCE in a southeasterly direction with the centerline of the M,K, i T. Railroad to the centarline of Mayhill Roads I 1 i At I ~I A zone page 2 r THENCE northerly direction with the centerline of Mayhlll Road to P the centerline of pecan Creek; THENCE with the centerline of Pecan Creek up the meanders of the Creek in a westerly direction to the centerline of LatV 2461 THENCE in a northerly direction with the centerline of Loop 288 to the centerline of the Union Pacific Railroads THENCE in a northeasterly direction with the centerline of the Union Pacific Railroad to the centerline of Cor, ar Creek Roads a~S* " THENCE in a northerly direction with the centerline of Cooper Creek Road to the northwest corner of the Mocreau Forrest survey t A-417s THENCE in an easterly direction with the centerline of Fishtcap Road to the centerline of Geesling Roads THENCE in a southerly direction with the centerline of Geesling p Road to the centerline of State Highway 3801 THENCE in a northeasterly direction with the centerline of E, Highway 380 to the centerline of Trinity Roads THENCE in a southerly direction with the centerline of Trinity Road 2200' to a point for a corner; THENCE west a distance of 1300' to a point for a corner; THENCE north to the centerline of Highway 3801 THENCE in a southwesterly direction with the centerline of Highway 380 to the centerline of Cooper Creek Roads THENCE in a northerly direction with the centerline of Cooper Creek Road to the centerline of the Union Pacific Railroads THENCE in a southwesterly direction with the centerline of the union Pacific Railroad to the centerline of Loop 268s THENCE in a southerly direction with the centerline of Loop 268 k to the xesterly extension of tho most southerly north line of a treat recorded in Volume 6361 Page 261 of the Deed Records of , Denton countys Texas; jl THENCE in an easterly direction to a re-entrant corner of said tracts THENCE in a northerly direction to the most northerly northwest corner of said tracts THENCE in an easterly direction to the northeast corner of said tracts Y / ` II 1 A r~ 7 Y v c{ ' page 3 THENCE in a southerly direction to the tract; southeast corner of said i THENCE in a westerly direction to the centerline of Loop 288; THENCE in a southerly direction with the centerline of Loop 288 z to the centerline of Pecan Creek; THENCE up the meanders of Pecan Creek in a westerly direction to " the centerline of Woodrow Lane; THENCE in a northerly direction with the centerline of Woodrow Lane to the centerline of F.M. 426; 9 THENCE in a northwesterly direction with the centerline of F.M. 426 and McKinney street to the centerline of Ruddell street; THENCE in a northerly direction with the centerline of Ruddell street to the centerline of the Union Pacific Railroad; THENCE in a southwesterly direction with the centerline of the Union Pacific Railroad to the centerline of Sycamore street; THENCE in a westerly direction with the centerline of Sycamore street to the centerline of Elm street; THENCE in a northerly and westerly direction with the centerline of Elm street and the centerline of Highway 77 to the centerline of Bonnie Brae street; THENCE in a southerly direction with the centerline of Bonnie Brae street to an eastward extension of the centerline of ! Westgate Drive; ; 1 ThtNCE in a westerly direction with the extension of the r centerline Westgate Drive and to the baseline of Interstate THENCE in a northerly direction with the baseline of I.H.-35 to the POINT OF BEGINNING. 0707E/53 P i i 1 } d 5 P . F`r '1 4 i C i 1 Y t r H ~ r• ~ b 1.~A H N r w ~1 AOn~ O. umiDr•D7 cc' ox.. m 6 H n Cu'ro H A C O <5GA C N6rrwA m w C N< A 4(A A 0. 6<A 0 n r°. A A r. < H N p w A F AA ~rqn mN.*Y An K rr w N O►+] n A n Nb/A-In D 6 L N m w r. rr K M r• O' A A O A r• 0. N r. r K o r• ~ c n rr r• m O m N rr Eo A r N b ~t n A Ml A MO N•`! O '.,f' < t7 r•`! C w N ■ `K #7 0 < ■ ~C m y N b 0 i lb C6 C O wb+l p7o N 7 0[ SAL 0. 5 0 ~ G ~.aN ar. A S r' ~b R O O M q< m rr b i w A r1 M w r+ 4 C 0 6 w Ff +I m O M b N rY+7 b A r 0 0 F~•+ m 0 L^ A '9 Ab0 AO /r a N66 k ~'b [ A No M 04a M rrh NMA A rH.i 1'd . 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AN n z A 7 A A N d r 0 M t a in n n a A D M y b ONF-'q ft N.7bA OO N h w N b n K A AO'N M C N 0ANfr.'. r~..Oa C Ln N mv, W.q bnnN Cnj A y CL ~+.q A e+A C fNf tb b n p A b b m cr co CA . ,y m Ornnm y r0 000 b r C rte.. Mb ~ b A r n 3 CO►InpArn N n 0 ' OO O A w O n m ~ M O O ( ' A , rr a ~ O'r+.It Ann A tz A0 w. 14m'b'mC e+ a dA :r0 A A ~.P.. Cn A bH,nO A Oa IA f1p►..Ca7A 00 ro a, bN T b pi0A t~. ~ S A M N b d tn pA C A N L41 #I r Kb ba kvA AvCi oM LA go IA V (I f AN y060eOiA {r~ fnlpq 0amDob h1Y £ har nAq fez bM~+Owwd to 1+•V•n m A A {O AfSOmVbN.tO1p z 0.4 9r O 0m•+O'rb+MO W.b hn}C i Opt ICA0►O1 nfA-0 C 3 V. A N, p. Ir A m 7 A n 0 0 w. 81 b M el CA N nA' n d A i w 1 ~w. n i 1 CITY COUNCIL ti 1 i i °aooca~coo~° t 444 { t i N r CITY Of DLNTOm / 215 E. McKinney 1 Denton, Texas 76201 MEMORANDUM a s,a LIM) e t DATE: March 28, 1990 s TO: Mayor and City Council a FROM: Frank H. Robbins, Executive Director Planning and Development SUBJECT: REVISED BUILDING PERMIT PROCESS I.ttachment i is the letter about a revised building permit process which you had questions. PURPOSE: STREAMLINING The purposes of the attached letter were to describe process, plans, and information as follows: 1. Describe a new rocess for permitting buildings. This process allows permitting time to be decreased from about two to three weeks, to four (4) days, potentially. Accordingly, this is a significant streamlining of our regulatory process. 2, Indicate what pp__l__a~~ns~~ would need to be submitted in order to take a~tage of the new process. More plans are required in order for simultaneous, rather than "round robin", review by six staff sections. S. Describe the information that should be submitted in f order for this exp`eaitious review process to enable ) rapid permit issuance. w k~ M ff r ~ Mayor and City Council Re: Revised Building Permit Process March 28, 1990 Page 2 The information requested to be provided is, for the most part, what we have required in the past. Some new items being I requested and the reasons for these requests are as follows: t r 1. Item E.6. Existing easements. The reason for this @ request is to make sure that the owner/builder is aware of any easements which may not be shown on a plat. 2. Item E.7. Proposed easements. This type of easement dedication seldom occurs in the building permit j process but when it does the Utility Department needs to be able to review it to make sure that it meets their needs. 3. Item E.8. Existing utility lines. The reason for this request is to make sure that the owner/builder [ knows where water and sewer mains are located in F order to properly show where water and sewer service ~ I~ lines should exist the building. This can be a problem when more than one street frontage is I involved or when water or sewer mains are located in easements. ` 4. Item E.9. Existing public facilities. The reason I for this requirement is to permit the permitee to know where existing devises and equipment are located in order that he can properly locate buildings and i. driveways. Showing proposed equipment and devices f. will allow staff to determine proper location of such equipment and devices. S. Item E.10. Blackflow devises. This requirement relates only to backflow devices and vaults which are to be located within a public right-of-way or I easement and which will be aainta:ned by the City. 1 { ONE STOP SHOP This process also creates what amounts to a "one stop shop" for building permitting. This "one stop shop" is the Development Review Committee (DRC) which includes representatives from all the departments that review building plans. 4 EASIER FASTER CHEAPER BETTER None of the process or information requested is in excess of or counter to any adopted ordinance or policy. The process and information outlined in the letter were designed to speed the process (faster); provide for comprehensive, complete, and ` avoid conflicting review ;.v staff; (more accurate or better) give the development community a check list of items which would enable faster permitting (make it easier); avoid unnecessary time delays when the financial clock is ticking, Increase the city's level of service at no additional cost, and create a process which can better avoid costly errors (cher), i ape s f S ~kr{ ti Mayor and City Council 4 Re: Revised Building Permit Process March 28, 1990 Page 3 e ( t' z FURTHER REFINEMENT LIKELY: RESPONSIVE 1. Before Council brought up this issue, (1) the Building Code Board placed this item on their April agenda, and (2) the Planning and Development Department was cut from the review process. 2. Since Council brought up this issue, staff has reviewed the document again and believes some items of information could be deleted. 3. Staff, at the end of the letter, requested that we be contacted with questions or concerns. Through any one of the above three mechanisms or/and as directed by Council, the building permit process may be further refined. 1 At the end of this round of review and based on our { experience, a new newsletter will be published. ran o ns P ~ ~ j dw 219Ox G i 1 ' 35{ { i 1 ATTACHMENT 1 q Cfrr of D/NTON / 215 E. MCKlnney I Denton, texas 10201 i NEWSLETTER i r E,tit r • f DATE: February R0, 1990 TO: Architects and Building Contractors 1 FROM: City of Denton Building Inspection Division SUBJECT: Revised Building Permitting Process a a The City of Denton Building Inspection Division and the City's Development Review Committee, in an effort to reduce -the time between application for a building permit and permit issuance has revised the plan submittal and review process. Effective March S, 1990, building plans, except one and two family, shall be permitted in accordance with the attached document. This new process will allow each department or division responsible for reviewin plans to have their own plans and specifications to review simultaneously instead of routing a single set of plans from one department to the next. It will be very important that plans, specifications, and applications submitted for permitting contain all the information requested on the attached document. The Development Review Committee will jointly review building glens oath Thursday during their regular meeting. If a builder, architect, owner or owner's representative has any questions concerning the building project plans he/she may be present at the meeting. Plans submitted by 10 a.m. on Monday will be reviewed jointly by Development Review Committee members on the following Thursday. Plans submitted after 10 a.m. Monday will not be jointly reviewed until the second Thursday following plan submittal. We believe this new procedure will work to everyone's advantage if the new guidelines are followed. If you have any questions, please feel free to call Robbie Baughman or Jackie Doyle at 817/S66.8360. 1-1 ~.k..".rlNaxs~ l (r 1 Y CITY OF DENTON BUILDING PERMITTING INFORMATION I. The following must be accomplished prior to building permit issuance. A. Submit the following to the Building Inspection Division for roview and permit issuance: 1. 801ding Inspection Division requires 2 complete sets of plans and specifications including landscape plans. 2. Planning Department requires 1 general site plan, 1 landscape F plan, floor plan, and building elevations. i 3. Engineering requires 1 general site plan and 1 utility/mechanical site plan. i 4. Fire Department requires 1 complete set of plans and specifications. S. Water/Wastewater Utilities requires 1 general site plan and 1 ! utility/ Mochanical site plan and 1 set of plumbing plans. 6. Electrical Utilities requires I general site plan and 1 utility/ mechanical site plan and 1 set of electric plans. 7. Plans for each of the six departments/divisions should be separated and submitted to the Building Inspection Division. S. Plans shall be sealed by an engineer when required by the Texas Engineering Practice Act Article 3271& Y.A.T.S. 0. At the time of plan submittal, applications for Building Permit, Landscape Permit, and Parking Lot Permit must be submitted. Other permits required include: 1. Driveway approach - Issued by Building Inspection Division 2. Sidewalk - Issued by Building Inspection Division 3. Fences - Issued by Building Inspection Division 4. Swimming pools - Issued by Building Inspection Division 5. Electrical - Issued by Building Inspection Division 6. Plumbing - Issued by Building Inspection Division 7. HYAC - Issued by Building Inspection Division ! 8. Lawn sprinkler - Issued by Building Inspection Division E 9. Signs - Issued by Planning Department 10. Fuel Storage Tarks - Issued by Fire Marshal I 11. Automatic 5prinklors (Fire) - Issued by Fire Marshal 12. Private Sewer Facility - Issued by Water/Wastewater Utilities i 13. Private Water Facility - Issued by Water/Wastewater Utilities C. The City of Denton has a park donation policy which requests that I developers of multifamily dwelling complexes donate at least one (1) acre of land for each 100 dwelling units in all projects containing 500 or more units. In developments containing less than 500 dwelling units, it is requested that a fee equal to 1/4 of 1% of the construction value i of each building be paid by the builder/owner. This policy applies to all residential property platted or replotted after March 210 1989. l s 2092k/I 1-2 „ ` % " 4 1 3 0. The General Site Plan shall contain information listed and be prepared as follows: 1. Zoning District Designation 2. Shall include a vicinity map showing location of building site and surrounding streets 3. Shall be drawn using an engineer's scale which will clearly show all information 4.. Shall go a north arrow and shall indicate scale used S. Shall be fully dimensioned 6. Shall show all property lines and easements 7. Shall show all existing and proposed buildings and structures smoo ? 8. Shall show all existing and proposed driveway. approaches and public sidewalks 9. Shall show parking lots, parking spaces and drive lines 10. Shall show a cross section of proposed parking lot pavement and subgrade 11. Shall show proposed contour lines or spot elevations and directional arrows showing flow of surface water when l construction is finished 12. Shall show front, side and rear yard building setbacks j 13. Shall show names of streets fronting on property 14. Shall show fire lanes 15. Shall show location of existing utility poles, gas meters, pad mounted transformers, power pedestals, curb inlets, water meters, etc. 16 indicate proposed building uses and floor area of each use if known 17. Any another information necessary to fully reveal site details { E. The Utility/Mechanical Site Plan shall contain information listed and be prepared as follows: 1. Shall be drawn using an engineer's scale which will clearly show all information 2. Shall inelvde a vicinity map showing location of building site and surrounding streets j 3. Shall provide a north arrow atod shall indicate the scale used i 4. Shall be fully dimensioned 5. Shall show all existing and proposed buildings and structures 6. Shall show all public or private utility easements and j indicate volume and page of dedication instrument or provide notation if dedicated by plat 7. Show all proposed utility easements and provide signed dedication instruments for review 8. Show size and location of existing and proposed public water and sewer mains and private water and sewer service lines 9. Show existing and proposed water or sewer meters, fire hydrants, valves, manholes, and cleanouts l-3 2092k/2 I i t Building Permitting Information i r Page 3 Y 1 10, Show existing and proposed backflow prevention devices located outside of building. Backflow devices in fire lines or within ti the public right-of-way or public easements shall be approved } by Water/Wastewater Utilities, Such devices shall be located within a vault approved by the Water/Wastewater Department. s Vault details shall be submitted with building plans. 11. All water and sewer service lines and meters shall be located outside of drive►lay approaches regardless of whether services or approaches aru proposed or existing. Water meters shall only be located in unpaved areas within the public right-of-way or public easement. Special and unusual circumstances may warrant exceptinn from the Director of Water/Wastewater utilities. 12. Attach copies of all applicable permits for private water and sewer facilities to plans submitted for review by Water/Wastewater Utilities 13. Shall show proposed routing of primary and secondary electric service with size and number of conduits and conductors 14. Shall show size and proposed of transformer with voltage and 4 whether single or three-phase service is required and shall show distance from transformer to doors and window 15. Shall show proposed location and site of natural gas or LP gas I service lines and tank sizes and locations t F. Phone Nos. of departments/divisions associated with plan review I process. 1, 817-566-8360 Building Inspection Division 2, 817-566-8246 Electric Utilities 3, 817-366-8350 Engineering Division 4. 817-566-6532 Environmental Health Services S. 617-566-6110 Fire Department 6, 617-566-6350 Planning and Developooont Department f 7. 811-566-8453 Water/Wastewater Utilities t 20g2k/3 j 1-4 1 ~M ha+ ~!YtMr 1 !i■■■1 V rr nc-,P.r r i fi i ~ CITY COUNCIL MIT: I i i j ~ r 1 i E ~ Ito •+~VO ~ ~~OOOCQGLO~~J April 3, 1990 CITY COUNCIL WORK SESSION p TO: MAYOR AND MEMBERS OF THE CITY COUNCIL d 3 t FROM: Lloyd V. Harrell, City Manager ' SUBJ: RECEIVE 'REPORT TO COUNCIL' FROM THE DENTON PUBLIC UTILITIES BOARD. t RECOMMENDATION: J The Public Utilities Board, at their meeting of 3/21/901 requested review by the City Council of their current policy 1 position and the proposed policy position recommending further, approval of the proposed policy position. SUMMARY/BACKGROUND Previous 'Guidelines for Funding and Selecting Development Plan Candidate Water and Sewer lines were approved by the Board on November 61 1988, and February 81 1989, and by the City Council on March 71 1989. However, it has been the concensus of staff and the Board that this policy needs to be revised. The Public i Utilities Board, at its Annual Board Planning Session expressed concerns regarding leading growth versus following growth. E Further, the Planning Department has advised that "....such E expenditure would not have forwarded the balanced growth, I compact growth, growth leading, or economic development policies of the Plan (Denton Development Plan), and (2) such expenditure would7ave been cost-benefit inefficient, or an unnecessary cost to the rate payers.' (See Memo of February 8, 1990 to P62 from Frank Robbins, Exhibit Iii). i A 'Report to Council' outlining a proposed revised policy is attached hereto as Exhibit I. FISCAL IMPACT: Annual funding for candidate lines in the amount of $500,000 is to be provided through the Department's Capital Improvement Plan. j ` ~NIPN Jtltr. fr\ j s P F } PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; y Denton Municipal Utilities, Citizens of Denton. = R ectf- bmitt , oy V. Harrel City Manager Prepared/Approved by: r R. E. Ne on, xecutive Director of Utilities Exhibit I Report to Council for Revision of Guidelines for Funding andE Selecting Development Plan Candidate Water and Sewn Lines. j II Existing Policy III Memo of 2/8/90 to P&Z from Robins ' IV Minutes of PUB Meeting of 3/21/90 j r a S 6716V:3-4 1 V~w r 4 ' S 3 'REPORT TO COUNCIL' The Public Utilities Board adopted a policy position en March 7, 19891 and recommended this policy to the city Council which subsequently, under Resolution 189-019, adopted the policy entitled 'Guidelines for i Funding and Selecting Development Plan Candidate Water and Sewer Lines' (Guidelines) { a ~I The Guidelines adopted under Resolution 189-019 were primarily F intended to attract and lead industrial growth to those areas of the City j where such growth is lacking or would otherwise prove beneficial to the j entire community# and, The implementation of the Guidelines has failed to attract and lead 1 i industrial growth to those areael therefore, the Public Utilities Board p recommends to the City Council that Resolution 189-019, adopting the policy entitled 'Guidelines for Funding and Selecting Development Plan j Candidate Water and sewer Lines' and all associated evaluating criteria, be abandoned, and the following policy position be set in places Is During its annual review of the Utility Department's Capital f Improvements Plan, the Board will consider the allocation of 1500,000 for the construction of candidate water and/or sewer lines to serve only industrial prospects which have committed to building facilities in Denton, f 2. The City of Denton will adopt a policy of 'responding' to growth rather than attempting to 'lead' growth. 3, That all candidate water and sewer lines will be submitted to the Public Utilities Board to be considered nn a case-by-case basis, l 4, Only those candidate water and sewer lines which will serve an industrial prospect which has committed to building facilities within the City of Denton, Texas, will be considered. ' 5s The Public Utilities Board will prescribe and obtain from each industrial prospect appropriate evidence of the prospect's commitment to building facilities within the City of Denton, Texas, rt 6. Upon review of such evidence of committment, the Public Utilities Board may recommend to the Planning and Zoning Commission that 1 r funds be made available to provide water and/or sewer service to 4 the prospect's facilities. i I~ ti /W'Q~ I IY t 7, Annual funding, through the Capital Improvements Plan, in the amount of $500,000 for the construction of candidate water and sewer lines will be continued, but the cumulative total of such J funding shall riot exceed 02 million at any time. it Res ctfully S~bmitte , obert Latbrte# Chairman lic Utilities Board f 1 j ~II I i 3 i ~ t ~ t J f j { I M1 `t r EXCERPT FROM PUBLIC UTILITIES BOARD MEETING March 21, 1990 i Q. CONSIDER A REPORT TO COUNCIL REGARDING GUIDELINES FOR FUNDING AND SELECTING DEVELOPMENT PLAN CANDIDATE aATL`R AND SEWER LINES. Nam briefly summarized the candidate line report to the Board. Thompson questioned Ham as to the ceiling and amount set aside eacl, year. Ham stated that the amount was E $500,000 per year, not to exceed $2,000,0006 After a short discussion, Chew made a motion to Bond the candidate line report to COLncil with the Board'a concurrence. Second by Thompson. All ayes, no nays, motion carried, I 1 i j r ' i ~ e DENTON MUNICIPAL UTILITIES ELECTRIC WATER POLICY / PROCEDURES WASTEWATER POLICY TITLE Guidelines for Funding & Selecting Development Plan Candidate water A Sewer Lines DIVISION All (Eater E Sewer) lk Z EFFECTIVE DATE CC Aynroved march 7. 1989 _ RESOLUTION NO, R89-019 A RESOLUTION APPROVING THE GUIDELINES FOR FUNDING AND SELECTING DML40PNM PLAN CANDIDATE WATER AND SEWER LINES: PROVIDING FOR THE PROCESS TO BE FOLLOWED IN APPROVING DEVELOPMENT PLAN CANDIDATE WATER AND SEWER LINESI AND PROVIDING FOR AN E/FICTIVE DATE. WHEREAS, the Denton Development Plan adopted by the City of Denton contains policies providing for the expandititre of public funds to encourage balanced growth and economic decalopmenti and WN maj in furtherance of those policies, the 19Ss•i997 Capital Improvement Plan approved by the,City Council proposes to allocate 1900#000.00 each year to fund Development Plan Candidate Water and Sewer Lines to carry out the balanced growth and economic policies of the Denton Development P1anL and WRO IAS, pursuant to the Capital Improvement Plan, for fiscal year 190S-1919 the City Council appropriated 1500,000 for Development Plan Candidate Water and Sewer Lingsi and WNiRW , the Public Utilities Board and Planning and Zoning Commission have considered and recommended adoption of the Guidelines for Funding and Selecting Development Plan Candidate Water and Sewer Lineal NOW, TMCUPOREL E M IT RESOLVED BY TAE CITY COUNCIL OF THE CITY OF DENTONi sscrYCN I. That the Guidelines for Funding i Selecting Development Plan Candidate Water and Sewer Lines, attached hereto as Docuaant 1, is approved. Lqwrr {E { 1 P P Guidelines for Funding 6 Selecting Development Plan Candidate Water f, Sewer Lines (cont'd) c 1 i uss~ r a~J.CTmN ir. That the process for reviewing and approving how I the funru budgeted for Development Plan Candidate Water and Sewer Lines Shall be spent shall be in accordance with the flow chart shown in Exhibit IV, attached hereto. PASSED AND APPROVED this the day of , 1989. I I EE ATTEST: ~Y }1EN , :klYv'R I 1 J I!E L ERs, CITY SE ARY APPROVED AS TO LEGAL 1'ORKI j DEBRA ADANI DRAYOVITCH, CITY ATTORNEY ~ I y I BYI 1 i II , ~Y I I I I~ ! t AUTHORITY I I I ! AdmInIStratlva Oinctfvf Ya ! Departwt 14111 la byi R. E. Hatson ! I Department Plannln9 byi H. Perseud I t I Cc ordfnance 0 Dnf# ! ! PUS Actlon Asproved a% 11.16-68 I ! Cc Aaofutlon 169419 Date 7-7-94 t ! I I ! I I Clty of Denton Pollcy/Proadure Hanual I t Chapter 1.0 Peps ! MyrrIff i , K.oM 1 r°. c b f' : 3 Guidelines for Funding Fi Selecting Development Plan Candidate Water $ Sewer Lines (cont'd) i DOCUMENT I Guidelines for Funding b Selecting Development Plan Candidate Water and Sewer Lines Upon annual review and during preparation of the Utility Department Five Year Capital Improvements Plan, and subsequent finalization of the Utility Department Operating Budget, and with the approval of the Public Utilities Board, $500,000 of Utility Department Capital Improvements funds for the current year may be dedicated for Denton Development Plan Water and Sewer Lines, provided such expenditure does not create an undue s hardship on the rate payers of the Utilities and is seen to be in the best interest of the community. The $500,000 to be placed in the Utility Department Capital { 1 Improvements Plan for the purpose of the Development Plan Water and Sewer Lines shall ge designated to two (2) primary purposes. The goal of these funds dedicated to the Denton Development Plar is to lead growth to certain geographical areas of the City and to encourage economic development via extension of water and sewer lines for industrial develupments. The $500,000 designated in the Utility Department Capital Improvements Plan as "Development Plan Water and Sewer Lines" (Exhibit III) shall be distributed as follows: 1. $1000000 shall be set aside to service residential and commercial type development(s), the specific sites shall be determined and prioritized by the ranking methodology outlined in Exhibit i, a copy of which is attached hereto and made a part hereof. Exhibit I shall be reviewed and approved by the Public Utilities Board on an annual basis in order, to assure that all factors relating to the ranking of a project reflect current economic and financial conditions, Other such approvals as may be necessary shall also be obtained prior to final approval of proposed development(s). i E I { I i P li f y z t Y r Guidelines for Funding 6 Selecting Development Plan Candidate Water F, Sewer Lines (cont'd) DOCUMENT I (cont'd) 2. $400,000 shall be set aside for industrial development purposes. Such funds shall be dedicated when an actual prospect is available and after such development has been analyzed using criteria for evaluating industrial development infrastructure assistance programs as outlined in Exhibit 11 attached herewith. If an industrial prospect does not materialize within the first six (6) months of the fiscal year, the funds may be redirected to either industrial site candidate lines or residential/commercial development plan lines after review and recommendation by the Public Utilities Board and approval by the City Council. 3. The Executive Director of Finance of the City will assure that funds are encumbered for "dedicated" protects and r transferred forward into the next fiscal year. Unspent and unencumbered Development Dian Water and Sewer Line funds may not be carried forward to a future year. i Y 1 i f Now V. I 1 l ■NM• it r r 1 Mr t 1 € Guidelines for Funding $ Selecting Development Plan Candidate Water 5 Sewer Lines (cont'd) I~ h EXHIBIT I Criteria for Ranking Balanced Growth Utility Lines Residential /Commercial Candidates hTJSt [ Introduction This ranking system has been designed to prioritize the list of residential and commercial development plan candidates for the Utility Capital Improvement Plan's designated "Development Plan Water and Sewer Lines". It is recognized that the development potentials considered by this ranking system may change from year to year as physical developments progress in specific areas. It shall be necessary, therefore, to review the ranking of projects on an I annual basis to take ino consideration changing circumstances. 1. Development Potential in the Short Term Access by improved thoroughfare 1-6* No announcements Zoning but no plats Access by improved thoroughfare 7-13** r Announcements Zoning but no plats Access by improved thoroughfare 14.20*** Announcements Zoning Plats *Developer has not made an announcement for developing his property and has not platted for development. Thoroughfare and zoning, however, do exist. **Developer has announced to the City Staff his intention to 4 develop and to follow up with platting. Thoroughfare and zoning, however, do exist. f ***Developer has announced and platted his development to the City Staff; thoroughfare and zoning do exist. umpurro s I j i r 7 t Guidelines fur Funding G Selecting Development Plan Candidate Water 5 Sewer Lines (cont'd) fi EXHIBIT I (cont'd) I 2. Economic 8enefits to the City Residential Multi-family 1-5 Residential Single Family 6-10 Commercial/Retail 11-15 Mixed Uses/Offices 16-20 3. Belanced Growth { South and Southeast 0-4 Northeast 5-9 East 10-14 Northwest 15-18 West 19-20 4, Compact Growth Development less than: { 1i 200 feet away from existing utility lines 20 i 201-400 feet away from existing utility lines i5 401-600 feet away from existing utility lines 10 601-1000 feet away from existing utility lines 04 1000-2000 feet away from existing utility lines 1 over 2000 feet away from existing utility lines 0 5. Health, Safety & Environmental Considerations i Related Circumstances: (scores range from .1-20 depending upon circumstances) 6. Engineering'Concerns Regulatory requirements 0.10 Provides off-site service to existing development 0-5 Provides off-site service to undeveloped areas 0-5 Improves system performance 0-5 } r , 9 F! I'1 w 8 Guidelines for Funding 6 Selecting Development Plan Candidate Water F, Sewer Lines (cont'd) 1 5 EXHIBIT I (cont'd) { 7. Demand divided by Cost Ratio (Use demand points derived by ca cu a ons a. Water Demand: 6 (1) Residential Uses i Demand - 165 GPCD x HHS x 4 Units x 365 d/y where GPCD a gallons per capita per day or also called gallons per person per day 1 HHS ■ Household size (SF■2.7 MF-1.7) d/y - days per year j (2) Non-Residential Uses i Demand - GPCD x f persons x 365 d/y based on the type of { j establishment. The following list has been adopted from f the Texas Department of Health: Type of Establishment Gallons per Capita per Day (GPCD) ' Restaurants Schools w/o cafeterias, gym or showers.,.. 18 Schools w/cafeterias, no gym or showers... 24 Schools w/cafeterias, gym and showers..... 30 Office Buildings 18 H o s p i t a 1 s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 0 F Institutions (other than hospitals).,,.,,, 120 Factories (g/p/shift, exclusive of 24 Industrial wastes) Parks w/o bathhouses,,,,,,,,,,,,,,,,,,,,,, 6 Swimmigg pools d bathhouses,,,,,,,,,,,,,,, 12 Country Clubs (per resident member).,,,... 120 Drive-In theatres (per car space)........, 6 + Movie Theatres (per auditorium seat)...... 6 Airports (per passenger } 6 Laundries-Self Service (gals/wash/customer) 60 Stores (total per day per washroom).,..... 480 Service stations per vehicle served)..,,, 12 K , ! r a Guidelines for Funding B Selecting Development Plan Candidate Water 6 Sewer Lines (cont'd) EXHIBIT 1 (cont'd) b. Wastewater Flows: (1) Residential Uses d Flow v 132 GPCD x HHS x f of Units x 365 d/y i where GPCO ■ gallons per capita per day or also called gallons per person per day HHS - Household size (SFu2.7 MF-1.7) d/y a days per year (2) Non-Residential Uses Flows • GPCD x N persons x 365 d/y based on the type of establishmect. The following list has been adopted from the Texas Department of Health: Type of Establishment Gallons per Capita per Day (GPCD) Restaurants (per meal) 5 Schools w/cafeterias, no showers.......... 15 Schools w/cafeterias and showers.......... 20 Recreational Parks, overnight user........ 30 Recreational Parks, day user 5 Office Buildings/Factories 20 Motels 50 Hospital (per bed)... 200 Nursing Home (per bed) 100 8. Cost These costs are for costs of water and/or sanitary sewer lines only to tie in to closest applicable city service lines and running across one side of subject development. 9. Subtotal Points (Add Columns 1-7) j 10. Priorities Before Pro Rata Survey Based on points only, give first priority to highest points, second priority to next highest points, etc. i ~ i i ..i I ~ t ! S w I F h141®~ II " Y ~.C y a Guidelines for Funding 6 Selecting Development } Plan Candidate Water 4 Sewer Lines (cont'd) EXHIBIT I (cont'd) ~ f 11. Priorities After Pro Rata Survey When list of development plan candidates water- and sanitary sewer lines are prioritized before pro rata survey, take those proiects totaling numbers of dollars available and survey ro ert owners for willingness to pay pro rata upon comp a on o construction. Give one (1) point for each owner wilting to sign a pro rata payment contract. Re-total points and re-assign priorities. TOTAL POINTS Re-assign priorities by new summation of points. 1 Ik j i i mom s, Guidelines for Funding 6 Selecting Development Plan Candidate Water S Sewer Lines (cont'd) ' EXHIBIT II Industrial Development Infrastructure Assistance Study { I ! Financial analysis of industrial prospects for infrastructure investment, } a. Formula l i NET CASH FLOW BENEFITS - INFRASTRUCTURE AND/OR JJ j CAPACITY RELATED COSTS 1 Where the computation of BENEFITS is determined as follows: Total Payroll o Less commuters income ~I o Less all non-local taxes o Plus tax revenue from Plant j o Plus net revenue for Electric, Water and Sanitary Sewer J o Times multiplier Equals ESTIMATED TOTAL ANNUAL BENEFITS b. Variable o Number of employees r o Value of plant i o local property tax rate o Income multiplier o Individual taxes c. Assumption Additional costs to serve demands of citizens for public services are less than or equal to tax revenue received from these individuals. i it l~ F1 s ; A,,i i Guidelines for Funding & Selecting Development Plan Candidate water f, Sewer Lines (cont'd) EXHIBIT 11 Industrial Development Infrastructure ? Assistance Study J l Financial analysis of industrial prospects for infrastructure investment. a. Formula NET CASH FLOW BENEFITS - INFRASTRUCTURE AND/OR 4 ( CAPACITY RELATED COSTS Where the computation of BENEFITS is determined as follows: Total Payroll ; 0 Less commuters income o less all non-local taxes 1 o Plus tax revenue from Plant i o Plus net revenue for Electric, Water and Sanitary Sewer o Times multiplier Equals ESTIMATED TOTAL ANNUAL BENEFITS b. Variable o Number of employees o Yalue of plant o Local property tax rate o Income multiplier i o Individual taxes C, Assumption Additional costs to serve demands of citizens for public services are less than or equal to tax revenue received from these individuals. WC~ i ~ P Y/ C r e Guidelines for Funding $ Selecting Development Plan Candidate Water b Sewer Lines (cont'd) EXHIBIT III Criteria for Ranking Economic Development Utility Lines Introduction This ranking system has been designed to prioritize the list of Industrial Development Plan candidates for the Utility Capital Improvement Plan's designated "Development Plan Water and Sewer i Lines'. It is recognized that the development potentials considered by this ranking system may change from year to year as physical developments progress in specific areas. It shall be necessary, therefore, to review the ranking of projects on an annual basis to take into consideration changing circumstances. j 1. Development Potential in the Short Term Points Access by improved thoroughfare 1-b* No announcements Zoning but no plats Access by improved thoroughfare 7-13** Announcements Zoning but no plats Access by improved thoroughfare 14-20*** Announcements Zoning Plats *Developer has not made an ennodncement for developing his property and has not platted for development. Thoroughfare and } zoning, however, do exist. **Developer has announced to Vie City Staff his intention to k develop and to follow up with platting. Thoroughfare and zoning, ? however, do exist. ***Developer has announced and platted his development to the City Staff; thoroughfare and zoning do exist. P ~ i p I l~ u F Guidelines for Funding 5 Selecting Development Plan Candidate (Pater $ Sewer Lines (cont'd) :w EXHIBIT III (cont'd) 2. Size of Industrial Area to be Developed Points More than 300 Acres 20 200 - 300 Acres 15 100 - 200 Acres 10 Less than 100 Acres 5 3. Balanced Growth South and Southeast 0-4 Northeast 5-9 East 10-14 Northwest 15-18 West 19-20 4, Industrial Site Owner Comnitment a. Time Frame for Development Less than 1 year 10 2 to 5 years 5 More than 5 years 0 b. Activity Ownership of property 10 Harketing of property 2-6 C. Investment of Infrastructure 6.10 5. Compact Growth Development less than: 200 feet away from existing utility lines 20 201-400 feet away from existing utility lines l5 401-600 feet away from existing utility lines 10 601-1000 feet away from existing utility lines 04 1000-2000 feet away from existing utility lines 1 over 2000 feet away from existing utility lilies 0 i J 1 r s i T Guidelines for Funding F, Selecting Development Plan Candidate Water & Sewer Lines (cont'd) EXHIBIT III (cont'd) i 6. Heal th,_Safety A Equipment Consideration Related Considerations: (Scores range from 1-20 depending upon circumstances such as pollutant versus clean non-pollutant industry, light versus heavy industry, healthy versus unhealthy work environment, etc.) 7. Engineering Concerns Points ! Regulatory requirements 0-10 ! Provides off-site service to existing development 0-5 Provides off-site service to undeveloped areas 0-5 Improves system performance 0-5 8. Demand Divided b Cost Ratio (Use demand ca cu a ons Points derived by a. Water Demand: Demand ■ GPCD x # employees x 365 d/y based on the type of industry. Generally this will be 25 GPCD for a non-pollutant industry. The GPCD should, however, be verified from each industry. b. Wastewater Flows: Flows a GPCD x N employees x 365 d/y based on the type of industry. Generally this will be 22 GPCD for a non-pollutant industry. The GPCD should, however, be verified from each industry. i 9, Cost These costs are for costs of water and/or sanitary sewer lines only to tie in to closest applicable city service lines and running across one side of subject development. 10. Subtotal Points (Add Columns 1-7) i S ~ I F Guidelines for Funding 4 Selecting Development Plan Candidate Water $ Sewer Lines (cont'd) a. i EXHIBIT III (cont'd) 11. Priorities before Pro Rata Survey Based on } points only, give first priority to highest second priority to next highest points, etc. Points, 12. Priorities after Pro Rata Survey s When list of development plan industrial candidates water and 9 sanitary sewer lines are prioritized before pro rata survey, take those projects totaling numbers of dollars ro rat ble avail and survey property owners for willingness to r completion of construction. Give one f11 pay Pro a upon willing to sign a pro rata payment contract, Re-totalhpoints and re-assign priorities. TOTAL POINTS { Re-assign I priorities by new summation of points, i j f Z ik I l +I~ I I 1 I d r I 71 1 r q ! Y F Guidelines for Funding 6 Selecting Development Plan Candidate Hater 6 Sewer Lines (cont'd) EXHIBIT IV Flow Chart Approval Process for J Development Plan Water and Sewer Lines 11 ICIP Projects Including Development I Man Lines for I I 1. Residential/Commercial Sites I i I 2. Industrial Sites 1 3. Industrial Development Infra-1 I structure Assistance Program I i I IVMITY PLANNING J, ECONOMIC DEVELURM (STAFF to Review Residential/Commercial I land Industrial Site Candidates and 1 (prioritize according to ranking Icriteria. I I1FUS REVIEW AMU RECOMUND 1 o I 1PAZ in context of CIP document. I ITMi M an Recommend Lines to-1 ICity :ouncil in context of CIP I Idor•,mant. 1 i ICITT COUNCIL TO REVIEW AND APR eve oilmen l (Plan Lines far res/com sites and industrial I site alternatives plus the guidelines for I industrial development infrastructure easis- Itance ra ram alternatives. 1 I-EACA YEAR: funds ma .1 OCTOBER I MTf 1 lavellable for Industrial Dev. I Itakes action to construct I i lInfrastructure Assist. Program I Iresidentfal/commarclal f (Funds to be held for 6 months onl (development plan lines. 1 (actual candidates. 1 1AFRIL Is fun d$ eve not-614n sed by Industrial Day. Infrastructure 1 Assist. Program alternative funds may be radirected to industrial site candidate fleas or res/com development !plan lines after being brought to PUB and PAZ for recommendation on 1 I I lallocation. PUB and Pit than makes Irecomeandatlon to city Council. I { j f ` a i ttt t 1 R CITY of ommom, MAC 215 E. McKJNNEYI DENTON, TEXAS 742011 TELEPHONE (817) 588.8200 MEMORANDUM DATE: February 8, 1990 T0: Planning and Zoning Commission i FROM: Frank N. Robbins, Executive Director Planning and Developsent i SUBJECT: "PLAN LINES" { RE-EVALUATE BASED ON EXPERIENCE f As we embark on another CIP year, it might be appropriate to I , evaluate our "Plan Line" policy, We have not expended any of the authorized $1,000,000 listed in the CIP for 1987-88 and 1988-89. There are various good reasons for our not spending the money, but fundamental) we have found that (1) such expenditure would not have forwarded the balanced growth, compact growth growth development leading, such expenditure would haveobeen ecost-beneI t-Inefficient,=or an unnecessary cost to rate payers. ' 4 EXTEND TO DEVELOPMENT NOT VACANT LAND Our empirical evidence about water and sewer extensions to vacant, low deve1!.vAr interest land is that this does not lead ` or stimulate growth. I think that a policy of maklug available Mfr such extension funds to a developer who would create development in accordance with Plan policy (e.g. balanced, compact, and compatible) is good policy, and may stimulate the I~ "right kind" of growth "in the right place" at low cost to the rate payer. This idea is in concert with the following statement in the Denton Development Plan. I~ "Incremental financing through revenue bonds may be used to install water and sewer lines in accordance with the city master utility plan at the time when a ro ect is ro osed. In this case, a ac ua cos o t e ac ies is generated through revenue bonds and all transfer and service charges are paid by the developer." (underline added). it _ 175- Mm_ k 1 M Planning and Zoning Commission rh pp February 8, 1990 Page 2 j CIP ITEM V. PLAN LINE ITEM Extension to existing development should be a specific CIP E item, not a "plan line" item. MAXIMIZE LIMITED FUNDS We have limited funds for balancing growth and attracting basic j industry. The costs for economic development in the airport area or into the southeast corridor could take all of the five ' years' funds, or $2.5 million. Plan line extension to 6 industrial uses or "hot prospects" in these areas would also serve the balanced growth leading growth policies as that kind of development is a very significant growth stimulant. Accordingly, I suggest that we review with the Public Utility Board, and City Council the alternative of suspending the commercial and residential "plan line" program in favor of holding the funding for "hot" economic development prospects. We could accumulate the authorizations into a fund. We might use revenues, bank them, and draw interest. Having the cash in hand would enable flexibility and timeliness in dealing with a "hot prospect". I also suggest that we review our criteria and look at three separate criteria categories as follows: 1) Policy analysis. Unquantifiabie, qualitative review of ' balanced, compact, and compatible policies. 2) Analysis of the company to include its qualification as basic industry. 3) Cost-benefit analysis in a manner similar to the existing "hot prospect" criteria. L'i A 11 A tl,~ (1 6 U TF ran Robbins Enclosure: Adopted "Plan Line" Policy xc: Lloyd V. Harrell :Bob Nelson-` wp 1308o { T - - - - I ~ -77- s jet a b r f 1 CITY ` COUNCIL F ~I 1rI J1 if f E5 1 II I1 1 { ° • , t o ~ d 10 4A r ~~~QCOv'GO~CA I 1 i 10jo UAYz: 04M CITY L-00 CIL REPURT FOkMAT v T0: Mayor and Members of the Uity council , FRUM: Lloyd V. Harrell, City Manager 1 SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE WITH REGARDS 110 A CHANGE IN THE ZONING CLASSIFICATION FROM SINGLE I FAMILY SP-7 TO PLANNED DEVELOPMENT DISTRICT (pD) ON A TRACT OF 12.33 ACRES LOCATED EAST OF MALONE STREET AND SOUTH OF U. S. HIGHWAY 380. (Z-89-0091. f RECOMMENDATION: The Planning and Zonlna, Commission recommends adoption (6-0). SUMMARY: The Planned Development District will allow mixed uses including a restaurant, offices and retail on a tract of 12.33 acres located east of Malone Street and south of U. S. Hwy. 380. The PD Concept Plan complies with the policies in the Denton Development Plan. i BACKGROUND: Please see History in attached Staff Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: N/A I I FISCAL IMPACT: li i N/A Reaoe ally submitted: Prepared by: o arr 1 Cit Manager Harry N Pereaud, A1CP Senior Planner App oveds an H. R bbins, AICp Executive Director Planning and Development s NVI it fr +ls» b STAFF REPORT To: Mayor and Denton City Council Case No.: Z-89-009 Meeting Date: April 3, 1990 I GENERAL INFORMATION r Applicant: Denton Independent School District P. 0. Box 2387 Denton, TX 76201 Telephone: 387-6151 I Requested Action: Change in zoning from single family j SF-7 to Planned Development District ' and approval of a concept plan for mixed uses listed in the development standards attached for Plan A and Plan B. Plan B includes a strip of j land along U.S. Highway 380 for which Denton Independent School District is negotiating to acquire as part of the development for the 12.33 acre tract. i Location and Size: 12.33 acre tract located east of Malone Street and south of U.S. Highway 380 and being part of a 22.33 acre tract shown on the R. Beaumont Survey Abstract #31, City of Denton. Surrounding Land Use and Zoning: North - USB offices, auto dealership (C; GR) I South - Rayzor Elementary School, E single family residences 4 (SF-7) East - Offices, commercial/retail 3 4 uses fi (GR) West - Commercial/retail; single family residences (GR; SF-7) 1 Denton Development Plan: 8.43 acres in a moderate activity center. 3.9 acres in a low intensity area. t i { i E ~ Fl~ f (Case Z-89-009) Page Two I i SPECIAL INFORMATION Transportation: The proposed development will require traffic signals at Cornell and { University Drive and a left turn lane to be constructued within University e Drive at Cornell. The existing driveway to this property will need a left turn lane on University Drive. Sidewalk shall be constructed along { University Drive as and when development is implemented according to phasing. The driveway for Lot 1 will have a separated right turn in and right turn-out lanes. i Utilities: The existing sanitary sewer lateral i line will need to be relocated prior to Lot 1 being developed. The i developer will be required to extend a sewer line across the frontage of Lot-IA btfore building on the said lot. Additional taps will not be permitted on the existing sanitary sewer line which runs diagonally across Lot 1 and Lot 2. A 20 foot i utility easement will be required at i platting. Drainage: Minor channel work, grading and excavation will be required with the development of Lot lA and if the floodway is modified. Channel improvements will be required with the second and subsequent phases consistent with a letter of map revision approved by FEMA. i HISTORY The 12.33 acre site is part of a larger tract of 22.33 acres deeded to the Denton Independent School District from Newton Raytor in the 19SUs. The Denton Independent School District Administrative Office was constructed on the site in the 1960's. Tne building is currently being used as the Denton Independent School District Tax Office. The site is toned SF-7. i r ~ . I' y pa . { 4 p, (Case 2-89-009) Page Three 0 ANALYSIS There are two concept plans submitted for this Planned Levelopment District. Concept Plan A provides for 7,000 sq. ft. restaurant, 17,900 sq. ft. offices and 34,40U sq. ft. retail. The list of retail uses to be permitted in this PD zoning district is contained in Appendix 2 of the Development Standards (Attachment 2). Concept Plan B contains an additional 0.63 acre tract owned by the State Department of Highways and Public Transportation. Denton Independent School District is currently negotiating for this tract to be released as part of a s development package shown on Concept Plan B. (Attachment 4). The 3.9 acres shown on Concept Plan A and B proposed for use as a neighborhood park is located in Low Intensity 1116. The Intensity Analysis for Area 1116 is given in Attachment S. The s analysis shows that this area is 241 over allocated. The park designation will reduce intensity trips in this area from 42 trips per acre to 30 trips per acre. At the same time the park will benefit the existing residential neighborhood and the Rayzor Elementary School. The 3.9 acre park will be deeded to the City of Denton at the time of sale of the property or could ' be dedicated in the platting process. r The 7.8 acres (Plan A) and the 8.43 acre (Plan B) shown north of f ~I I the creek is located in a moderate activity center allowing 1 developments generating up to 350 t/d/ac. The site is zoned SF-7, but residential development is not a realistic land use considering the configuration of the site and its adjacency to University Drive. According to the policies in the Denton Development Plan, this site qualifies as a "left out lot" and i should be considered for the "least intense, most logical land I use. The proposed land uses contained in concept Plan A and B 1 h generate total trips equal to or less than the "proportionate share" allowable by the intensity policies in the Denton Development Plan. The Intensity Calculations (Attachment 7) for Plan A shows that the proposed development will utilize a total of 2 86 9 trips less than the proportionate share" of 20964 trips. Plan B will utilize a total of 31081 trips compared to 3,174 trips allowable by the proportionate share policy. The proposed land uses contained in Concept Plan A and i B, therefore, fit into the context of the "least intense most logical land uses" for this left out lot. I The one-third rule policy in the Denton Development Plan 1 requires that commercial/retail acreage not exceed one-third the ` total size of a moderate activity center. The one-third rule is easily applied to moderate activity centers with large areas of w vacant lands not zoned. Intensity Area 124 contains 701 or 159.53 acres of its 227 acres total area under commercial/retail I 1 i! ywtRa , g4'Vy 1 l i q k A Y r 1 (Case Z-89-UU9) 1 Page flour 1 s • t ► ANALYSIS (Continued) c uses including vacant lands zoned. The current status of the f one third rule policy is shown in attachment 16. According to the calculations the 75.66 acres (one-third size) has been exceeded b; 83.86 acres or 110 percent, Plan A will 4_11d 34,400 sq. ft. and Plan B will add 37 375 sq. ft. of retail uses which is equivalent to 3.17 acres 1.371) and 3,44 acres (1,511) of retail uses respectively. This increase i in commercial/retail acreage is a violation of the one-third rule policy, This tract is located within a designated entranceway of the , city. The policy in the Denton Development Plan is to encourage and promote good urban design with emphasis given to internal circulation as opposed to continuous strip commercial. The f concept plans provide the opportunity for a 251 front yard landscaping on this site which Is comparable to existing development on the north side of University Drive; (United National Bank) and exceeds the City Landscape Ordinance i requirements by 51. The floor area ratio and the landscape ! surface ratio of the proposed development are also consistent j with the United National Bank, north of this site and the ! professional offices east of the site. The calculations are given in Attachment 18. The parking requirements for Plan A and Plan 8 have peen calculated based on mixed use parking standards (PAS Report 377) (See Attachment 9). I ! RECUMMENDATiUN The Planning and Zoning Commission recommends approval of Z-89-009 on the following conditions: (6-0) i 1, Concept Plan B is contingent on the State Department of Highways and Public Transportation releasing 0.63 acres to the Denton Independent School District. 2. A left turn lane on westbound U.S. Highway 380 will be constructed to connect the existing driveway along University Drive to serve Lot IA in the first phase of development. 3. The proposed driveway for Lot 1 will be constructed with f separated right turn-in and right turn-out lanes as shown on the concept plan. i i x (Ca:3 Z-89-UU9) r Page Five P RECOMMENDATION (Continued) 4. Sidewalk shall be constructed along the frontage of University Drive when development is impiemente-i based on phasing. S. The intersection of Cornell and University Drive will be signalized and a left turn lane on westbound U.S. 380 constructed prior to developing any part of Lot 1. J 6. The existing sanitary sewer lateral line will be relocated I prior to Lot IA being developed. 7. A pedestrian bridge shall be built to connect to the park prior to Lot lA being developed. 8. The developer will extend a sanitary sewer line across the frontage of Lot IA before building on said lot. 9. No further taps will be permitted on the existing sanitary sewer line which runs diagonally across Lot 1 and Lot 2. 10. Minor channel work, grading and excavation will be required with the development of Lot IA. The City Engineering Department shall approve the limits of the work. i 11. Channel improvements that accomplish the design proposed in the approved letter of map revision from FEMA will be i required with the development of Lot 1. j ALTERNATIVES { Approve petition 1. 2. Approve petition with conditions 3. Deny petition f ATTACHMENTS I Location Map 1. i 2. Development Standards 3. Concept Plan A 4. Concept Plan B 5. Intensity Analysis for Area #116 6. intensity Analysis for Area #24 7. Intensity calculations for Plan A and Plan B 8. Land Use Analysis of Adjacent Developments 9. Parking Standards IU. Ordinance i i 2274k i ME . t 1 ~ I g~.r i . s ATTACHMENT I Z 89 009 ~ N RTM 4 u -J y F MK iiai 1 ~ ` r (H GCARO L 1 "VON CT. T ~ ~ 'i11110110Np ~ ~ N R NI 01 ACW ~ 1 - oR, w CIE ARR j ~ AIIK Y 00~ ON u INDEN ❑oo ~ ~ (INDEN ~ ~ \ I~JJJ ~ ~ i 1 f il oE-m:Qpoll[ SCALS 4)NP. OAT j k ~R r ATTACHMENT 2 M CITY OF DENTON h APPLICATION FOR PLANNED DEVELOPMENT DISTRICT I~ Applicant's Name: 06NTON I.S.D. ATT'N.r GILBERT BRE STRIN Status of Applicant: OWNER II Address: P 0 BOX 2387 I city and state: DBNTON, TEXAS _ zips 76202 i Telephoner f ) (8171187-b151 M Signature of applicants Dates I'4 Owner's Names 9AN! A9 ABOVS Addresar { III City and States lips Telephoner ( 1 I certify that I am the owner of the property described in this.patltion and that { is authorized to file this application on my behalf. Signature of Owners Dates i filing fees Concept Plan Approval of Detailed Plan Approval or Amendment Theretor $10000.00 plus $50.00 per acre or part thereof: $68000,00 maximum Address and/or location of request ON WAU"49RU& txisting zoning a e _ , { Requested zoning and proposad land use (if known) Has a pr M design conference application been submitted? ,-,-_Yes No I Is this a plan for an existing planned developmant? Yes No i What is the number of the existing planned development? (or nrdlnance number) } 1 Ab 3/81 2-1 t { 1-7 f I DEVELOPMENT STANDARDS CONCEPT PLAN DETAILED PLAN I 1. Statement of Intent of Owner: E SEE APPENDIX NO. 1 i I I. Statement Indicating Relation to Denton Development Plan, APFROXIFATELY 7.6 ACRES OF THIS SITE ALONG U.S. HIGHWAY 350 AND NORTH OF THE CREEK IS LOCATED IN A AODERATE ACTIVITY CENTER. THE REVAINING 14 ACRES SOUTH OF THE CREEK WHICH INCLUDES THE EXISTING SCHOOL BUILDING AND THE PROPOSED PARK IS LOCATED IN A LGW INTENSITY AREA AND ZONED SF-7 3. Total Number of Acres in Proposed Districti k _ 12.33 acres 1. Land Uses and Tol'•• Number of Acres in Each Parcel or Tracts SEE APPENDIX NO. 2 Total Proposed Acreage so single family Detached b. Single family Attached Ito+m houses, cluster, etc.) c. Attached Patio/Garden/lato Lot Line ` d. Duplex I of Multi-family to office g. Neighborhood setvice h. General Retail 14 Commercial 1. Light Industrial k. 8eavy Industrial 1, other (specify) J I 1 i v i 2-2 i ~ I I Ole- P T Development Standards Page 2 5, off-site Information - adjacent or surrounding land uses, zoning, streets, drainage facilieiea, and other existing or proposed improvements. t {Shown on concept er-dN+1iN plan.) I 6. Traffic and Transportation - indicate existing and proposed .treetop parking lots, I loading areas, access points. (Shown on concept a de6a4ied plan.) Protected Traffic Generation. (Based on traffic study, if required.) F _Traffic study has been prepared by Of the Engineering staff. City 7. Suildingsi a, Approximate location. (Shown on concept eo-det*"ei plan.) b. Maximum height: Three stories i c. Minimum somwkI" Miff," ~fi IT."liI1FI IP! i ~ VDR BUILDING 9111sh"t 10 /T. MINIMUM( ! { i I d, Maximum gross floor area (square feet) for nonresidentialt ' 9=2 APPRIIDIX NO. 1 _ F 9. R u idential subdivisions N/A { a. Number of units per acts (density)i I i { b. Number and location of lout (Shown on concept or detailed plan.) I c. Minimum alter width and depth of lotso (shown on concept at detailed plan.) i d. Minimum front, side and rear yard setbackst (Shown on concept of detailed plan.) G i 2-3 i I i ter„ i Development Standa:ds Page 3 r 9. Water and Drainage - approximate location of all existing or proposed creeks, • ponds, lakes, fioodplains, other water retention or major drainage facilities and improvements. (Shown on concept or detailed plan.) 10. utilities --location of all major sewer, water or electrical lines and facilities. (Shown on concept Of kb iilf plan.) j c 11. Location of trees 3' in diameter - six (6) feet from ground level. (Shown on concept er-ieiaiieb plan.) i { 12. Open Space - location and size of greenbelts, packs, common and recreational areas. (Shown on concept e0-4oka." plan.) NEIGHBORHOOD PARKI 3,9 ACRES 13. Screening - location, type and site of all fences, berms or screening features. (shown on concept or deMiiei P .1 25 % FRONT YARD LANDSCAPING ALONG iQNIVERSITY IRIVE WILL BE PROVIDED TO ENHANCE THE CHARACTER OF THIS DEVELM ENT. THE DRAINAGE EASMENT WILL ACT AS A NATURAL SCREEN BETWEEN THE DEVELOPED LANDS AND THE SCHOOL & PARK LANDS. 11. Development Schedule (concept plan) - showing specific date detailed plan will be submitted, date to start construction and complete construction, and rate of development, All dates should indicate month and year, SEE APPENDIX NO. 3 ADDITIONAL REQUIREMENTS FOR A DETAILED PLAN i 13. Landscaping Plan - major features and types of landscaping to be used. 2-4 { Development Standards r Page 4 s ' 16. Signs - show location, type and size on detailed plant otherwise, stgna must conform to Article 17 of the toning Ordinance. f 17, Sidewalks. (Shown on detailed plan,) lA, 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, Development schedule (detailed plan) - indicating start and completion of construction and the rate of developaent. All dates should indicate month E and year, , 1111 I r ~ ab I/d7 I` 2-5 I 4 --N t G A S' 'r 4 ~1I ~f i r DENTON ].S.D. PLANNED DEVELOPMENT DISTRICT APPENDIX NO. 1 r 1. STATEMENT OF INTENT OF OWNER: t s Denton Independent School District owns the 21.8 acre tract as indicated on the accompanying Concept Plan. Denton ].S.D. wishes to reclaim potentially valuable land along the University Dr. frontage now occupied by Pecan Creek drainage facilities (unimproved). The plan is to obtain approval for PLANNED DEVELOPMENT DISTRICT Zoning on approximately 12 acres (shown as Lots 1 & 2) at the Concept Plan stage and marketing, as a package, the land and the Plan to private developers on a bid basis. Foremast is the requirement of creating a quality development which would serve as an example for other development in the City of Denton. Approval of this plan and subsequent development voulds 1) add considerable value to the tax base by converting currently exempt property; 2) create a safer environment for the children at Newton Raysor Elem. by adding an improved buffet between the school and the maJor thoroughfare; 3) Improve the drainage in the area; f) add a neighborhood perk to the City of Denton park system; 51 encourage economic development along the "compact growth' guidelines called for In the Denton Development Plan by utilising existing Infrastructure. i It Is the District's intention to submit all of Lot 1 as a single Ir development. Plan A shows the proposed development utilising all of the lands currently under it's ownership. Plan B shows an alternative schnme including lands contained within a 50 foot strip of U. S. 380 R.O.Y, should negotiations with the State Department of Highways and Public Transportation allow its use in this development. I ~I r I i 2-6 I r F1 1 i APPENDIX 12 roe.,* DENTON [.S.D. PLANNED DEVELOPMENT DISTRICT 1. LIST OF PERMITTED USES (PLAN A) i LOT 1 - 7.8 Acres A. Restaurant: A Maximum floor area: 7,000 sq. ft. i Maximum floor area to be used for dancing: 2,000 sq. 1 ft, B. Offices: i Maximum floor area: 17,900 sq. Et. C, Retail: ' # f Maximum floor area: 34,400 sq. ft. Antique Shop Bakery or Confectionery Cafetaria Shop or Retail i Cleaning and Pressing Custom Personal Service Small Shop and Pickup Shop Drapery,Needlework or Florist or Garden Shop Weaving Shop Greenhouse or Plant Handicraft Shop Nursery (Retail) i Household Appliance Laundry or Cleaning Service and Repair Self Service Mimeograph, Stationery mortuary or Funeral ' or Letter Shop Parlor Offices, Professional Off-Premise Sale of k and Administrativb with Beer and/or Wine ,i accessory uses On-Premise Sale of Licensed Private Club beer and/or wine Pawn Shop Tool or Trailor Rental Retail Stores and Shops Studio for Photographer Secondhand Store, Used Musician, Artist or E Furniture or Rummage Store Health Video Store 2. Parkins requirement for Plan A is 248 parking spaces. 3. Lot 1 - 3.9 Acres, Proposed for use as a Park. 2.7 2128X u~x I~ APPENDIX 42 . DENTON I.S.D. PLANNED DEVELOPMENT DISTRICT LIST OF PERMITTED USES (PLAN B) Lot 1 - 8.4 Acres i 9 A. Restaurant: Maximum floor area: 7,625 sq. ft. Maximum floor area to be used for dance hall: 29000 sq. Et. B. Offices: Maximum floor area: 18,000 sq. ft. C. Retail: Maximum floor area: 37,375 sq. ft, Antique Shop Bakery or Confectionery Cafetaria Shop or Retail Cleaning and Pressing Custom Personal Service Small Shop and Pickup Shop Drapery,Needlework or Florist or Garden Shop Weaving Shop Greenhouse or Plant Handicraft Shop Nursery (Retail) Household Appliance Laundry or Cleaning Service and Repair Self Service Mimeograph, Stationery Mortuary or Funeral or Letter Shop Parlor I I Offices, Prol:essional Off-Premise Sale of f and Administrative Beer and/or Wine 1I with accessory -ses On-Premise Sale of j Licensed Private Club beer and/or wine Pawn Shop Tool or Trailor Rental Retail Stores and Shops Studio for Photographer Secondhand Store, Used Musician, Artist or Furniture or Rummage Store Health Video Store 2. Parking requirement for Plan B is 269 parking spaces. 3. Lot 2 - 3.9 Acres, Proposed for use as a Park. I l f f t i 2.8 ? 2129X r I to rt+a a + r DBNTON I.S.D. PLWNBD DEVELOPMENT DISTRICT APPENDIX No. 3 DEVELOPMENT SCHEDULES The Denton I.S.D. Intends to proceed as rapidly as possible with this Plan. However, the foremost goal is to create a quality development. With the expense of providing drainage Its-routing Pecan Creek) and traffic (signalization at Cotnell St.) Improvments s and given the current economic environment, this Plan could have a 10 to 20 year actual Implementation schedule. I As shown on both plans, "Lot 1A" indicates a phasing alternative should the initial cost to develop the entire proSect render it I infeasible in the current market. Lot 1 would be divided and the 111 !astern portion with the existing ,yuilding (Lot 111) could be developed first without the costly drainage and traffic improvements. The remainder of Lot 1 mould then be developed upon completion of the remaining utility and drainage improvements when the market allowed. II Therefoxa, the following schedule is propoeedi 1 Concept Plan approvals march, 1990 ' Detailed Plan submittal (not later than) July, 1997 Construction beginning (not later than) July, 1996 Construction completion (all phasea)t December, 2010 This schedule represents a"Worst Case" time line as far as the completion date. Hope2ully, all phases will be completed years before the scheduled deadline. w j i i 2-9 i9 ATTACHMENT 3 rg~ 5 r I # M.IL ON y ~ } &MAIM E r ;i n t ! r v 1 1• K ~ i 1 r i 1 0 i % a 1 44 11'r ` ! iie.r ~ II• jl r 1 I~I 1 ' If~I + 1 i .L IF p F, r lit ~lltC;f ' 1 . f~f~fil; I t •s ),tRN~IiI! (l l,;1 ~ ~I~~iff#~l~.i~`',~~il f~li~'I f,l f • a 4tF ~ Ii a ' ATTACHMENT 4 IL Ll~jl L MRLOM 1 ~ u r " 3 ~ Ir, W 1 i I k ~ -----curs _ - t v ` r 1 I r 1 r ,'F iA 1 k, 11 . Al t1 w PIP i r --i r t- :tr r I r1~ a r~[;~r~ f l I[~ illy t[1 I~rl; I~r 1 ~~I ~ ~ tr~~ifri ~rl Ir~tf'I~ ►ill~ j I I II Er) ~ M 4 ~t~E,l,ll1 I~I~fiir lll) Ill [ li 1 I 1 ~L M~ ; Y Ai T ATTACHMENT 5 t i t _ LAND USE MANAGEMENT INFORMATION SYSTS14 PLANNING AND DEVELOPMENT DEPARTMEY1 CITY OF DENTON Intensity area #:116 Type: LOW Intensity Trips/ac 60 - r T S Z 6667 6668 6670A 6671 6672 6678 6679 Boundary description: North: South boundary line of Activity Center #24 East: Carroll Blvd., Egan, Bolivar St. Date: 02/15/90 West: Malone St., Jagoe St., Avenue C LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT SF-16 < 205 75.05 2050 0 0 0 0 0 SF-10>16 352 113.36 3520 4.31 129.3 0 0 0 SF-7>10 435 113.8 4350 14.44 606.48 0 0 0 LESS SF-7 56 9.1 560 0 0 0 0 0 MOB.HOMES 0 0 0 0 0 0 0 0 DUPLEX 34 5.74 340 0.72 57.6 0 0 0 MF-R 46 3.42 368 0 0 0 0 0 MF-152 711 22.02 5688 0.77 154 0 0 0 COM/RET 0 11.33 7364.5 0.35 227.5 0 0 0 OFFICE 0 10.52 3602 0 0 0 0 0 INDUSTRY 0 0 0 0 0 0 0 0 J INSTI'NAL 0 100.66 8556.1 0 0 0 0 0 I PARKS 0 0 0 0 0 0 0 0 R/0/SPACE 0 0.4 0 0 0 0 0 0 TRANSPORT 0 22.05 0 0 0 0 0 0 t AGRIC. 0 0 0 0 0 0 0 0 VACANT 0 20.59 0 0 0 ----0 -0-______-0 i 1 TOTAL 1839 508.04 56479 20.59 1175 0 0 0 INTENSITY CALCULATIONS (1) Intensity area total trips 508.04 times 60 30482 2 Trips allocated to existing land uses (built) 36479 (3) Trips allocates] to current zoning incl. P Ds (not built) 1175 (4) Trips allocated to vacant lands not zoned plus Agric. zoning 0 (5) Estimated unallocated intensity trips 1)minus(2)+(3j!(4) -7171 t 124 (6) Percentage of intensity trips allocated + I, 1 i rol- 1 P L Y ATTACHMENT 6 i FFF# LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area is 24 Type: Moderate Intensity Trips/ac 350 T S Z 6677 6675 6679A 6680 6686A 6681A 6684A Boundary description: North: North property line north of US 380 South: South property line south of US 380 Date: 02/15/90 East: Carroll Blvd. i ----West: Property line west of Bonnie Brae D USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT --------0--------------------------- SF-lb < 0 0 SF-10`16 O 0 0 0 0 0 0 SF-7>10 Q 0 0 0 0 LESS SF-? 0 8.4 35.8 0 0 0 0 0 0 0 0 0 Q 0 MOB.HOMES 0 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 1 MF-R 0 0 0 0 0 0 0 0 MF-1b2 0 0 0 0 0 0 0 0 COM/RET 0 101.5 65975 29.615 19249.75 28,41 0 0 OFFICE 0 11.12 3892 2,5 0 18466.5 INDUSTRY 0 8?5 0 0 0 i 0 0 0 0 p 0 0 ' IINNSSTTS NAL 0 17 1445 0 0 0 0 PA 0 0 0 0 R/0/SPACE Q 0 0 0 0 0 2.5 Q 0 0 0 ~ TRANSPORT 0 25.96 0 0 0 000 f AGRIC. 0 0 0 0 0 U 0 VACANT 0 68.925 0 0 0 0 - 0 0 TOTAL 0 227.005 71312 40.515 20478 - i 28.41 0 18467 INTENSITY CALCULATIONS ` (1) Intensity area total trips 227.005 times i (2) Trips allocated to existing land uses (built) 350 79452 I 71312 (3) Trips allocated to current zoning incl. P Ds (not built) 38944 1 (4) Trips allocated to vacant lands not zoned plus Agric. zoning 0 (5) Estimated !:nallocated intensity trips 1)minus(2)+(3)+(4) -30804 f (6) Percentage of intensity trips allocated 139 r ONE THIRD RULE CALCULATIONS (1) Allocations for com\retail development Acr75.67 Trips (2) Existing com\retail land uses (built) 101.50 49184 (3) Current zoning for com\r,4tai1 land uses 58.03 65975 I (4) Total allocated (2) + (3) 37716 159.53 (5) Unallocated trips\acrea 103691 { -83.86 -54507 1 717 !7 ATTACHMENT 7 a ` Intensity Calculations (plan A) I ; Moderate Activity Center toy ~ c ;s at t/d/ac = 2,730 1 i Low Intensit Area of - cres at 60 t/d/ac a 234 f Total intensity available 2,964 c Pro osed Land Uses lot - 7~e`s k ~ Restaurant: 7,000 sq. ft. at 60 trips/1,000 sq. ft, ■ 420 Offices : 170900 sq. ft, E At 1S trips/1,0o0 sq. ft. i 268 Retail: 34 400 at 60 trips/150 I 00 sq. ft. ■ 2,064 E Lot 2 - 3.9 Acres, Park at 30 trips per acre ■ E 117 r _ i Total Intensity Trips ■ 2,869 y" iY r s E I 2128x 7-1 i ~I ~..M is .f1 I 1 ell" Ir Intensity Calculations (Plan B) I` Moderate Activity Center Lot 1 - 8.4 Acres at 350 trips per acre 21940 Low Intensity Area Lot 2 - 3.9 Acres at 60 trips per acre 234 j Total intensity available 3,174 i Proposed Land Uses Lot 1 - 8.4 Acres E Restaurant: 7,625 sq. ft. at 6U trips/1,000 sq. ft. ■ 4S6 Offices: 18,000 sq. ft. at 1S trips/10000 sq. ft. 270 Retail: 37,37S sq. ft. at 60 trips/1,000 sq. ft. = 2,238 Lot 2 - 3.9 Acres, Park at 30 trips per acre 117 Total Intensity Trips 30081 E 1 I 7-2 ` 2128x I -T - 7W ~n r +n pNp K CA yy O O M K Z 1? t7 'JOA ! M b rt, O C7 Q ?I I 1 0 rl r• eh "e1 t" by 'd 'r7 O N N• ::p o 'J d O r O w H F+ d '`Y N b H n r1 H ~C eb CL Sv v r M N y 0. Po W. H T c W N W ~ w W Cs w N N N (/1 ty C O W Oo V r Ln (71 O V A V Fr i O Cv~iC^ y s M P N N N M y j W tp N A O W V V1 ry % C• O O O W 9 a a o w y A tb p ch ,r. z C° 1 N N 10 X c V O O ~ r r i erg t;, A o ,oe A A N N I`fn { In V N N 4 1 K ; ! N N y Vt r ~ i r FM r Attachment Y9 2-89-009 r Parking Requirements - Plan A: WEEKDAY WEEKEND Dayt me venin8 Dayt m~ e " Evenin NTGHT~ TIME (4 p.m.) - (6 pim. - (9 a.m. - g 4 •m•) midnght) 4 (6 P m• midnight p•m•) midnight) - 6 a.m.) Office 60 6 Retail 103 154 6 3 3 172 120 9 Restaurant 35 70 70 70 7 TOTAL T79-- T30' Parking Requirements - Plan B: WEEKDAY WEEKEND Dayt me n8 Da time NIGHTTIME (9 a.m. - (6 pim. _ Y weaing I 4 p.m.) midnght) (A a.m. - (6 p.m. - midnight p.m.) midnight) 6 a.m. } Office 60 6 6 I Retail 112 168 3 3 . 181 7 130 ~ Restaurant 38 11 76 8 ~ 76 76 TOTAL Z5 It J 0 1 j 2128x f I I 1 f Attachment 10 1 NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 (SF-7) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 12.33 ACRES OF LAND LOCATED EAST OF MALONE STREET AND SOUTH OF U.S. HIGHWAY 380, AS IS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Independent School District has petitioned for a change in zoning from Single Family 7 (SF-7) to Planned Development District classification and use designation for the 12.33 acres of land herein described; and WHEREAS, the School District has submitted alternative concept plans based on the whether right-of-way may be released and incor- porated for use in the District in the future; and WHEREAS, the Planning and zoning commission approved the petition at its meeting on February 28, 1990; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i 1 SECTION I. That the zoning district classification and use designation of the real property described in Exhibit A, attached hereto and incorporated herein by reference, is changed from Single Family 7 (sr-7) to planned development (PD) zoning district classi- fication and use designation under the comprehensive zoning ordi- nance of the City of Denton, Texas. SECTION II. That the concept plan, attached hereto and incorporated herein by reference as Exhibit B, is approved in accordance with article 11 of Appendix B - zoning of the Code of Ordinances. SECTION III. That the District shall be subject to the following conditions: (1) Site Plan B may be used as an alternative to Site Plan A as part of the adopted Concept Plan if the State Depart- 1 ment of Highways and Public Transportation approves the petitioner's reguest to release the 0.631 acres of land within the existing right-of-way along University Drive to the petitioner. Site Plan A shall be used as the site plan for the approved Concept Plan if the additional 1 acreage is not released at the time a detailed plin is `E ` submitted for the district. s I S F 77 _ i t i {Y{ I, (2) Median improvements to prevent outbound left turn lanes from Lot lA shall be required along University Drive at the time Lot 1A is being developed, at no cost to the city. (3) The proposed driveway for Lot 1 shall be constructed with separated right turn-in and turn-out lanes as required by the concept plan. (4) The intersection of Cornell and University Drive shall be signalized and a left turn lane on westbound University Drive shall be constructed. The required signalization and improvements shall be made with the development of Lot 1, at no expense to the city. (5) The pedestrian bridge shall be built when Lot IA is developed. (6) A sanitary sewer line shall be extended across the front- age of Lot IA with the development of the lot, in accor- dance with the Subdivision Regulations, at no expense to the City. No additional service connections shall be made to the existing sanitary sewer line that runs diag- onally across Lot 1 and 2. The existing sanitary sewer service line shall be relocated when Lot 1A is developed, at no expense to the city. i 1 (7) If fill material is placed in the existing floodway to i build the parking lot proposed for Lot 1A, excavation and grading of the drainage channel shall be required to offset the effects of the fill material, as determined i necessary by the City Engineer. The drainage modifica- tions shall be made at no expense to the City. (8) With the development of Lot 1, drainage channel improve- ments, shall be made that meet the design requirements of the flood study approved by F.E.M.A. The improvements shall be made at no expense to the City. SECTION IV. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19b9, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69- 11 as amended, is further amended to show %he change in the zoning district classification and ues designation for the property t described. 9 SECTION IV, That this ordinance shall become effective immediately upon its passage and approval. Z89-009/PAGE 2 ell- r frr:.,r• Y ~I PASSED AND APPROVED this the day of 1990. j RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i 3Y: ! i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY c E BY: i 1 t J~ 1 Z89-009/PAGE 3 EXHIBIT "A" i 12.3 ACRES .All that certain tract of land situated in the Robert Beaumont Survey Abstract Number 315, Denton County, Texas and being all of the called 2.431 acre tract described In the Deed from Newton Raysor to Denton Independent School District recorded in Volume 155, Page 663 of the Deed Records of Denton County, Texas and a portion of the two tracts descrLbed the Deeds from Newton Rayzor to Denton Independent School District recorded in Volume 453, Page 193 (called 11.014 acres) and in Volume 450, Page 260 (called 11 acres) of the said Deed Records of Denton County, Texas and a portion of the U. S. Highway 380 right-of-way; the subfect tract being more particularly described from record information as follows: BEGINNINO for the Northeast corner of the tract being described herein at the Northeast corner of the said 2.431 acre tract in the Southerly right-of- way line of U. S. Highway 380 (West University Drive); THENCE South 00 Degrees 59 Minutes West with the Easterly line of the said 2.431 acre tract, passing the Southeast corner thereof and the Northeast corner of the called 1.733 acre tract described In the Deed from Denton Independent School District to J. Newton Rayzor recorded in Volume 519, Page 18 of the said Deed Records and continuing with the Westerly line of the thereof, in all, a total distance of 811.5 feet more or less to the Southwest corner thereof in the Southerly line of the said 11.014 acre tract) THENCE North 86 Degrees 34 Minutes West with the Southerly line of the said 11.014 acre tract a distance of 420 feet to the Southerly Southwest corner of the herein described tract; THENCE North 00 Degrees 59 Minutes test parallel with the Easterly line of the herein described tract a distance 513.6 feet more or less to the Southerly line of a proposed 60 foot Drainage Easement as shown on the Concept Plan accompanying this description; f ~ I THENCE North 88 Degrees 26 Minutes hest with the Southerly line of the Drainage Easement, parallel with the Southerly tight-of-vay of University j Drive a distance of 682.7 feet more or loos; - I THENCE North 01 Degrees 30 Minutes East, passing the Southeast corner of the called 1.004 acts tract described In the Deed from Denton Independent School District to Newton Raysor recorded in Volume 445, Page 661 of the said Deed Records and continuing with the Easterly line of the thereof, in all, a total distance of 290 feet more or lees to the the Northeast corner thereof in the Southerly right-of-way ltne of University Drive; THENCE tasterfy with the Southerly right-of-way of Univezsity Drive part of the way the following 3 calls r 1. South 88'Degreea 26 Minutes last a distance of 550 feet more or less 1 to a reentrant corner in the right-of-way; 2. South 60 Degrees 26 Minutes last a distance of 275.2 feet more at loss to the beginning of a curve to the left having a radius of 4267.6 feet; 3. With the said curve an arc length of 275 feet more or less to the PLACE Of BEGINNING and enclosing approximately 12.3 acres of land. This description with the accompanying Concept Plan were ptepared from record information only. 88035/}d25 i i ,wal r } i "EXHIBIT B" Concept Plan consisting of: 1. Site Plan A (one page) E 1 Z• Site Pl&n B (one page) f 3• Development Standards (eight pages) 4. Parking Standards for Mixed Use Development (one page) r s i . I i 1 ~ J 1 1 i O it f1., I f j F' f I` FF ~r SITE PLAN "A" MAL ON . t I( +•m n J~ V u . Navsrf ue' I ■H I Y f l~i 1 ^ tf Jw. 1f ` s~ } 00 js w H/.J 1 1 J . t ~ ! 4 ~1 {~r~l rtFf, : '~rlf[{t!~ ~~h~ ' ~r, ~1F{ . I r ~ _ ~ w .~F f r a~ I~t ter ~ rlr , , 1 , qt t ~ r tt rt ~ ~t • 'we^ • , ~ t ~~wia: ~6{ 2 ~ ~i~'I~r .1~j1`;~tl~ ~l~li II;.. i.,{' 1 1 1 3 " ~Iti~!►itl~.~t' t i~ln~l ~iEl~l B!I S f l F r' . SITE PLAN "B" L- U MALON F C f 41 t \ A A ~ Its 6 OGt.f N• , .M ~ t iii r r t~ i ( F r j =i ~ ~ f ~lf ~ ~,f' I~~~~i'fl ,jE~° ~lJ~'i i[~t ` .s IiJt~f{.fF,IEt E'f l~~i,' i !t! Jl~ E, ' Z ° S ^ AN ~If~~ttj1~ I~~ij~~ll ~;~Er E{Ef f iet li ~ 2 ~~ft dli ' If I~IIE f' r tf i .f; II 4410. art ~ 1 i~ I E~ t t ~I • ~ , E~Irt ltl~ tl ~l~Et[►! It,l Eft _ ~ firl~►,i1~ IE It~lfri~ tll~E 1 ii 1 i 1 r + DEVELOPMENT STANDARDS CONCEPT PLAN DETAILED PLAN a 1. Statement of Intent of Ownec2 c: E SEE APPENDIX NO. 1 i 2. Statement Indicating Relation to Denton Development Plan. AACRES OF THIS SITE ALONG U.S. HIGHWAY 360 AND NORTHROFITHEECREEKS { IS LOCATED IN A kODERATE ACTIVITY CENTER. THE REMAINING 14 ACRES SOUTH OF THE CREEK WHICH INCLUDES THE EXISTING SCHOOL BUILDING AND THE PROPOSED PARK IS LOCATED IN A LOW INTENSITY AREA AND ZONED SM 3. Total Number of Acres in Proposed DlEtrict: i 12.33 acrMs e. Land Uses and Total Number of Acres in Bach Parcel or Tracts SEE APPENDIX NO. 2 Total Proposed Acreage a. Single family Detached b. Single Family Attached (townhouses, cluster, etcs) co Attached Patio/Garden/Zero Lot Line d. Duplex e. Multi-family { f. Office g. Neighborhood Service h. General Recall j 1. Commercial , i. Light industrial k. Heavy Industrial 1. Other (specify) a { 3-1 ; 'c r Development Standards Page 2 k S, off-Site Information - adjacent or surrounding land uses, zoning, streets, drainage facilities, and other existing or proposed Improvements. 3 (Shown on concept er-debail plan.} i } j b. Traffic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points. (Shown on concept es-ieeal.i*A- plan.) Projected Traffic Generation. (Based on traffic study, if required.) Traffic study has been prepared by the Enaineerina staff city - of Denton. 7. Buildings: ) a. Approximate location. IShown on concept w-Nee!{w plan.) ) i b. Maximum height: Three stories { ti c. Minimum Be DUI" ih> s;DIT!"Mp j SIDE BUILDING SETBACK: 20 PT. MINIMUM d. Maximum gross floor area (square feet) for nonresidential: SEE APPENDIX NO. 2 S. Residential Subdivisions N/A a. Number of units per acre (density): b. Number and location of lots: (Shown on concept or detailed plan.) # y c. Minimum six*, width and depth of lots: (Shown on concept or detailed plan,) f d. Minimum front, side and rear yard setbackw: IShown on concept or detailed plan.) - 0 I 3-2 0 _ a r r.. Development Standards Page 3 9. water and Drainage - approximate location of all existing or proposed creeks, z ponds, lakes, froodplains, other water retention or major drainage facilities and improvements. (Shown on concept or detailed plan.) F 10. utilities - location of all major rawer, water or electrical lines and facilities. (Shown on concept e6-4Me41ed plan.) i 11. Location of trees 3' in diameter - six (6) feet from ground level. IShown on concept at dsbaikd plan.) f t 12. Open space - location and size of greenbelts, parks, common and recreational areas. IShown on concept er-wished plan.) NEIGHBORHOOD PARKt 3.9 ACRES i 130 Screening - location, type and site of all fences, berms or screening features, (shown on concept or iab" ed-VMJ 25 % FRONT YARD LANDSCAPING ALONG ti DIVERSITY DRIVE WILL BE PROVIDED TO ENHANCE THE CHARACTER OF THIS DEVELOPN.ENT. THE IRAINAGE EASENENT WILL ACT AS A NATURAL SCREEN i BETWEEN THE DEVELOPED LANDS AND ZUR SCHOOL & PARK LANDS. i 14. Development Schedule (concept plan) - showing specific date detailed plan will be submitted, date to start construction and complete construction, and rate of E development. All dates should indicate month and year. SEE APPENDIX NO. 3 - i ADDITIONAL REQUIREMENTS NOR A DETAILED PLAN I f 1S. Landscaping Plan - major features and types of landscaping to be used. i i I i 3-3 1 I Development Standards rA" Page 4 f f 16. Signs - show location, type and size on detailed plans otherwise, sirs must conform to Article 17 of the Zoning ordinance. x - 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. R (A separate plat is required.) t 19. Development Schedule (detailed plan) - indicating start and completion of i construction and the rate of development. All dates should indicate month i and year. II ~ r ab 3/87 3-4 i { i 1 {YAY' 4 a. i DENTON I.S.D. PLANNBD DEVELOPMENT DISTRICT { APPENDIX NO. 1 1. STATEMENT OF INTENT OF OWNER: i Denton Independent School District owns the 21.6 acre tract as a ? indicated on the accompanying Concept Plan. Denton ].S.D. wishes to reclaim potentially valuable land along the University Dr. frontage z now occupied by Pecan Creek drainage facilities (unimproved). The j plan is to obtain approval for PLANNED DBVELOPlIBNT DISTRICT toning i on approximately 12 acres (shown as Lots 1 i 2) at the Concept Plan stage and marketing, as ■ package, the land and the Plan to private developers on a bid basis. Foremast is the requirement of creating a quality development which would serve as an example for other development In the City of Denton. Approval of this plan and ; subsequent development wouldi 1) add considerable value to the tax } base by converting currently exempt propertyp 21 create a safes environment for the children at Newton Rayzor Elem. by adding an Improved buffer between the school and the major thoroughfare) 3) Improve the drainage In the area; add a neighborhood park to the City of Denton park system; 5) encourage economic development along the 'compact growth" guidelines called for in the Denton Development j Plan by utilizing existing infrastructure. It Is the District's intention to sobmlt all of Lot 1 as a single j development. Plan A shown the proposed development utilising all of the lands cuzrently under it's ownership. Plan E show an alternative scheme including lands contained within a 50 foot strip of U. S. 360 R.O.Y. should negotiations with the State Department of Highways and Public Transportation allow its use in this development. v A A ?tt 11 k 7 F 3-5 ? y ~ 1 i IU^sr~ 8 r .,fr r APPENDIX 12 E DENTON I.S.D. PLANNED DEVELOPMENT DISTRICT t 1. LIST OF PERMITTED USES (PLAN A) LOT 1 - 7.8 Acres A. Restaurant: Maximum floor area: 7,000 sq. ft. Maximum floor area to be used for dancing: 2,000 sq. ft. B. Offices: Maximum floor area: 17,900 sq. ft. C. Retail: Maximum floor area: 34,400 sq. ft. i Antique Shop Bakery or Confectionery Cafetaria Shop or Retail Cleaning and Pressing Custom Personal Service Small Shop and Pickup Shop Drapery,Needlework or Florist or Garden Shop Weaving Shop Greenhouse or Plant Handicraft Shop Nursery (Retail) Household Appliance Laundry or Cleaning i Service and Repair Self Service Mimeograph, Stationery Mortuary or Funeral 3 or Letter Shop Parlor Offices, Professional Off-Premise Sale of } and Administrative with Beer and/or Wine accessory uses On-Premise Sale of Licensed Private Club beer and/or wine Pawn Shop Tool or Trailor Rental Retail Stores and Shops Studio for Photographer Secondhand Store, Used Musician, Artist or Furniture or Rummage Store Health Video Store i 2. Parking requirement for Plan A is 248 parking spaces I 3. Lot 2 - 3.9 Acres, Proposed for use as a Park. i j s 3 2128x -6 ~r n.rwm Y { APPENDIX 82 j ' DENTON I.S.D. PLANNED DEVELOPMENT DISTRICT 1. LIST OF PERMITTED USES (PLAN B) Lot 1 - 8.4 Acres } A. Restaurant: Maximum floor area: 7,625 sq. ft. Maximum fluor area to be used for dance hall: 2,000 i sq. ft. B. Offices: Maximum floor area: 18,000 sq. ft. j i C. Retail: Maximum floor area: 37,375 sq. ft. !i 3 Antique Shop Bakery or Confectionery Cafetaria Shop or Retail Cleaning and Pressing Custom Personal Service } Small Shop and Pickup Shop i Drapery,Needlework or Florist or Garden Shop Weaving Shop Greenhouse or Plant Handicraft Shop Nursery (Retail) Household Appliance Laundry or Cleaning Service and Repair Self Service Mimeograph, Staticnery Mortuary or Funeral or Letter Shop Parlor Offices, Professional Off-Premise Sale of and Administrative Beer and/or Wine with accessory uses On-Premise Sale of Licensed Private Club beer and/or wine Pawn Shop Tool or Trailer Rental Retail Stores and Shops Studio for Photographer Secondhand Store, Used Musician, Artist or { Furniture or Rummage Store Health Video Store 2. Parking requirement for Plan B is 269 oar king spaces. 3. Lot 2 - 3.9 Acres, Proposed for use as a Park. Ilii 3-7 2128x j ! V a f d f DFNTON I.S.D. PLANNED DEVELOPMENT DISTRICT APPENDIX No. 3 DEVELOPMENT SCHEDULEt The Denton I.S.D, intends to proceed as rapidly as possible with this Plan. However, the foremost goal is to create a quality development. With tha expense of providing drainage (re-routing Pecan Creek) and traffic (signalization at Cornell St.) improvments and given the rurreat economic environment, this Plan could have a 10 to 20 year actual Implementation schedule. As shown on both plans, 'Lot lA' Indicates a phasing alternative should the initial cost to develop the kntire protect render it infeasible in the current market. Lot 1 would be divided and the Eastern portion with the existing building (Lot 1A) could be ' developed first without the costly drainage and traffic improvements. The remainder of Lot 1 would then be developed upon completion of the remaining utility and drainage improvements when j the market allowed. Therefore, the fallowing schedule is proposed= Concept Plan approval: March, 1990 { Detailed Plan submittal (not later than) July, 1997 Construction beginning (not later than) July, 1998 Construction completion (all Phases): December, 2010 This schedule represents a 'Worst Case' time line as completion date. HoPefull all far as the e. phases will be completed years before the scheduled deadline. i i i 3-8 i RdC1Y I X r Attachment Y4 Z-89-009 I Parking Standards for Mixed Use Development i Parking Requirements - Plan A: j f E it WEEKDAY 0 a y t me yen ag Daytime EEXEND NIGHTTIME e j (9 a.m. - vening t 4 p.m.) midnight) (4 pa ,m,) midnight midnight II 8 ) - 6 a.m.) f Office 60 6 6 3 Retail 103 154 171 120 3 Restaurant 35 7 i~ 70 i 70 70 7 ~ TOTAL 198 0_ 4_ 193 " -19 Parking requirement is 248 spaces. { Parking Requirements - Plan B: WEEKDAY WEEKEND NIGHTTIME Daytime ven ng Dayt`ime-----Tv-en Ing (9 a.m. - } 4 P•®•) midnight) (9 a.m. - (6 p.m. - midnight ~ 4 p.m.) midnight) - 6 a.m.) Office 00 6 6 Retail 3 112 168 187 130 11 Restaurant 38 76 76 76 8 TOTAL 250 269 -TOT_ Parking requirement is 269 spaces. 2128x i i i F' ~r e F I P6Z Minutes February 28, 1990 Page 2 w e IV. 2-89.009. Hold a public hearing and consider the petition of Denton Independent School District requesting a change in zoning from single family (SF-7) to Planned Development District and approval of a concept plan. Fifty-two notices were mailed to property owners within 200 feet; five reply forms were received in favor and one in opposition. Mr. Persaud resented the staff report (attached) and slides of thpe site. 9 Mr. Kamman asked if any of the property is in the floodplain. Mr. Persaud replied that the creek will require channelitation improvements. Ms. Kiker asked if the rechonnelization will be a paved ditch. J Mr. Persaud answered that the revisions approved by FEMA ~1J require a hard surface. The type of material is not specified at this point and will be considered with the detailed plan. The development will also have to meet subdivision and sign regulations. PETITIONER: Bill Coleman, Coleman and Associates, stated that this concept plan evolved because the existing creek takes up much of the land which the schcol wants to develop. Pecan Creek will be channeled to the south to create developable roprtyy along Universityy Drive. This property will then Be t:xa a Instead of ■atntaining its exempt status. The school will be buffered and a park will be provided. This concept conforms to the compact couch yollc encoura ed in the Denton Development Plan. The design teaa for t is plan worked closely with staff. The school district is hoping to acquire the SO foot off-set from the Highway Department. They will no longer need It if the creek Is rechanneled. An engineer from the Highway Department said that it will probably be okay. A formal request has been made to the district office and that is why there are two options for the concept plan. The request could not be made until FE'MA approval of the rechannelization was received. Ms. Brock asked if plans are to market Lot A separately. Mr. Coleman said that they would like to market the development as a whole but it is yyossible that It may not sell that way The phasing will be if the the property cannot be sold as one whole piece. Most of the improvements are on the west end of the property. There is an existing building on the east end which could be used if desired. Access to the park will be from the southwest corner. There may be a pedestrian bridge built at the east and. j Ms. Brock asked if the client would be willing to accept the bridge as a condition. Mr. Coleman replied that the bridge is in the plans. The li idea is to have the park as an amenity to the development. Hopefully a restaurant will overlook the park. The 61ty staff were happy to get a park at this location. IN FAVOR: none present. j~ '"l J FF 0 P6Z Minutes February 28, 1990 Page 3 F OPPOSED: none present. Mr. Persaud stated that the staff recommends approval of Z-P9-009 with conditions (attached). Ms. Brock asked if the signaliration of Cornell and University will be at the developer's expense. I Mr. Persaud said yes. On question, he sold that according ' to phasing, Lot LA can be developed with minor channel work, such as grading and excavation. That is if Lot lA is marketed separately. The major channaliratLon work will be done with the rest of the development. Staff made a contribution to the preparation of this packet and has ! included 251 front yard landscaping. Twenty-five percent j is feasible, enhancing, and comparable to other l[ developments in the area. it is 51 above ordinance requirements. f t Mr. Engelbrecht asked if an intensity bonus was granted for the park land. Mr. Persaud said no. The park was in a low intensity area on the fringe of a moderste node. Not ■aey trips per acre are generated. This development i, the least intense, most logical land use. The ZS toot utility easement in the back-up will be unnecessary as a condition because it will be required at the time of the plotting. V Ms. Brock asked to what degree a buyer will be held to the concept plan. Mr. Persaud said that the square footage requirement is pretty rigid. The developer might be able to build two stories but would have to amend the concept pplan to get an Increase in square footage. This would not be necessary for a reduction in square footage. Mr. Robbins stated that if the City Council approves the concept plan, the detailed plan will require Planning and Zoning Commission approval only unless there is an amendment to the con:ept plan. Chairperson Brock closed the public hearing. Mr. Kamman moved to recommend approval of 1-89-009 with I' conditions as recommended by staff; seconded by Mr. Engelbrecht. Ms. Brock moved to amend the motion to regwire a pedestria.t bridge be built on the east end with the first phase; :ecnnded by Ms. Liker. Mr. Xammon asked if access to the park would be available without the bridge. Ms. Brock rep,ied that it would not be available from that corner. It wo Id have to be from the school or Cordell. Mr. Glasscock said that the proposal Is a good use of the land and will put money in the tax roles. Vote on amendment carried unanimously (6-0). Vote on original motion carried unanimously (6-0). V. Hold a public hearing regarding the Sexually Oriented business (SOB) Ordinance and consider making a recommendation to the City Council. I 1 -owl R . t ~r p~ P 1_ CITY MW 13 COUNCIL { I IT, 11 17 ILI 11IL311 I. I I 'IT Ilk I f I F. i O~p04000 0 F I : ro D y ppe~ ora~co I OOO~~QQ M' It M MI: 1 J✓f' E IYl.'r e . DATE: 04/03/90 t CITY COUNCIL REPORT FORMAT r i T0; Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT: PUBLIC HEARING AND ADOPTION OF AN ORDINANCE PROVIDING FOF A CHANGE ` OF ZONING FROM PLANNED DEVELOPMENT (PD) TO SINGLE FAMILY 7 (SF-7) WITH RESPECT TO 1.603 ACRES OF LAND LOCATED BETWEEN BELL STREET AND x MINGO ROAD, SOUTH OF WITHERS STREET. (Z-90-002) RECOMMENDATION; The Planning and Zoning Commission recommended approval at its t February 21 meeting by a vote of 6-0. SUMMARY: The property is in a moderato intensity area. Rezoning the property j ` from PD-40 to SF-7 would reduce the allocated intensity trips by 560 tripe in the study area. BACKGROUND: I j i The property was zoned PD-40 on July 6, 1982 from General Retail (GR) and Multi-family 1 (MP-1) (Ord. 02-54). The southern portion of PD-40 has been developed for office uses (Bell Place). A I portion of PD-40 at the corner of Bell and Withers remains undeveloped, The applicant plans to build a church. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Sixteen property owners were notified. FISCAL IMPACT: 1 No fiscal impact has been determined et this time. Re full ub eds j Prepared by: Ll V. Harrell City Manager Jane Brady ! I Urban Planner i 1 I Appro Fr H. Robbins, AICP Executive Director ? 1 Planning and Development I 3567g/4 ~ a7 i ~r I ~ r". Y STAFF REPORT To: Mayor and City Council a, Case No.: Z-90-002 Meeting Date: April 3, 1990 GENERAL INFORMATION Applicant: James Howell or Robert Garrett 171 AA Hilltop Road Argyle, TX 76226 c Status of Applicant: Agent/Representative i Requested Action: Change in zoning from Planned Development (PD-40), Bell Place, to Single Family 7 (SF 7). The applicant plans to build a church. Location and Site: Approximately 1,603 acres of land located between Bell Street and Mingo Road and south of Withers Street Surrounding Land Use and Zoning: North - Multi-family 1 l South - P. D. 40, Office Uses I East - Multi-family I West - Multi-family 1 f Denton Development Plan: Moderate Intensity Area SPECIAL INFOR:-iA11014 I Transportation IU' additional right-of-way will be ~f and Drainage: required on Mingo Road. + Only one drive approach will be permitted on Mingo Road. 1 No public drainage improvements will R be required as the City is installing improvements in this area through the C. .P. I All on site drainage is to be collected on site and discharged into the new system as opposed to running it out into Mingo Road, r^ I CV CM ~i A (Case Z-9U-002) Page Two SPECIAL INFORMATION (Continued) Parking lot design subdivision regulations will apply. Utilities; A 16' drainage easement will be required, connecting Vine Street and Mingo Road. A 6" water line exists through the property from Vine Street to Bell Avenue. t 1 t A 6" water line stub out exists from the existing fire hydrant, east to Mingo Road. An 8" sanitary sewer exists through ! the property to Bell Avenue, i Fire Fire hydrant coverage, spacing, and flow seems adequate. ; HISTORY JI The site was zoned PD-40 on July 6t 19L , from General i Retail (GR) and Multi-family (MF 1). T_e City Council approved Planned Development toning for this site (Ord. 82-54), allowing for general retail and office uses with a signage plan. i ANALYSIS I j The property is in a moderate intensity area, number 5U (see ! attached intensity map and calculations). Thirty-five i percent (35%) of the intensity trips for this area have been allocated. This rezoning request will reduce the allocated i trips by 560 trips. This property is in a neighborhood preservation area as designated in the Denton Development Plan, This proposal is compatible with the surrounding neighborhoods, both existing and proposed. The areas adjacent to existing residential houses will be buffered with setbacks and screening. Mingo Rot the landscape requirements for street yards 1 Along apply. 1, i i b (Case Z-90-002) r,,,,..,• Page Three RECOMMENDATION f Staff recommends approval i I { ALTERNATIVES d j 1. Approve petition 2. Postpone action 3. Deny petition t ATTACHMENTS ' t 1. Location Map 2. Intensity Study 050 1 1 I, I E i 3567g (D r ATTACHMENT I Z 90 002 M tiLj E IL I BAY-1 Li ` a ~ •~f' ~ 11' (Tt7lA .J WW HAHw o T X Fw,THERS W J r l W 33$yy DAV1f k ~ jn 13 C®7 Q© N OAK FOAX o oa 31 t r~aRSa= SCAL! Nome OATS 2,(i,40 r a vb•~'Z Diva =jr4oN nvos 3s om N JL ,J I NM 0 C DEID 0 ®0 C~NYC pro DEB R taro ~ Q~[IF I ~ Sl~3H1 M rX a 1~.~ s Fx] -In r-3.1 7JR-1 T coo 06 Z i axa~;x~vaav 1 ATTACHMENT 2 r ti INTENSITT AREA 1 60 BILE 511 ACERB - 4 BOUNDART DESCRIPTION r East: Ruddell Street, TP i MKT Railroad, Bel'1'Avenue { Wests Elm Street, Congress Street, Carroll Blvd. Egan Street, Bolivar ! Street, Wastaay, Carroll to University f Norths University Drive (Hay. 380) Souths McEinney Street q NOTES The neighborhood preservation policies in the Denton Development w / Plan should be used to protect single family housing east o[ Locust Street. rAsvn Opt HWY. 380 , i ew-A L Tw rwV a" com U ® E Li o J WITHERS v t.'~ I ~Qy PAISLEY C 1 1D R£ ®d❑ N in Fin SOALtI ~ 0 500 100 0 WO ®C~❑ O ❑ l l~ c~'lyd~''~II~ ~ n r~ ~ ®arrw aNro~t nx,la , r I I /1- W- 77 -lemur ij y 7 ATTACMENT 3 ~ i I ' j LAND USE MANAGEMENT INFORMATION SYSTEM PLAWNING AND DEVEIAPMENT DEPARTMENT CITY OF DENTON Intensity area 1: 50 Traffic survey zones: 6 60 Moderate Intensity Trips/ac 350 Boundary description: 65v 6562 6670 North: University Dr. i' Date: 11 South: McKinney St. M=n' /22/89 East: Ruddell, TP & MXT West: Elm Con ress Railroad, Bell Ave. LAND USE g-_ ,Carr-l,EXtSTINC LAND USE CURRENT ZONING PLANNED PMENTS ITS TEGORY UNITS-, ACRES INTENSITY ACRES INTENSITY ACRES UNITS IN2ENSIT 16 < SF- 19 9.97 190 °0- -----0 SF-10>16 0 0 SF-7>10 77 23.72 770 0 0 ' 1 LESS SF-7 2332 2 55.34 2320 1.4p 62.16 0 0 0 I MOB.HOMES 0 0 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 MF-R 73 4.41 584 0.71 56.8 0 0 0 MF-1i2 592 21.52 4736 0 0 0 0 0 , CON/RET 0 24.85 16152.5 29.12 5824 0 0 0 OFFICE 0 0 0 0 h INDUSTRY 0 20.06 7021 2.49 871.5 0 0 PARK$ 0 5401 526.05 p 0 0 0 0 257.52 21889.2 0.5 0 0 0 0 0 13.24 317.2 42.5 0 OSPACE SPORT 0 2.15 0 0 0 p 0 R/ / 0 35.22 0 AGRIC. 0 0 0 0 0 0 0 r I VACANT 0 0 0 0 0 p 0 34.3 0 0 p ~ 0 0 0 0 J TOTAL 0 1025 511.24 T -r-- -54906 34.3 6857 0 0 INTENSITY CALCULATIONS 1 Intensity arse total trips r (2 Trips allocated to existing land uses (built) times 380 178934 4 Tripe allocated to Vacanttland& notnicned plus Ayqric.z 56857 uilt) 6 Percppentageuoflintensity trips allocated 1 m nus2z+n3nq 0 ) 1 ( ) ( ) (4) 117171 35 ONE THIRD RULE i CALCULATIONS , i .._r-rrr_r__rr_r-rr_-_rr_rrrrr 2 Allocations for com\retail development Acr24 Trips } 2 Existing com\retail land uses (built) 170'41 110769 3 Current zoning for com\retail land uses 20.00 16153 4 Total Trips\acres allocated (2) + (3) 24 i 5 Unallocated trips\acres 6 r__--- r--rr--145_56-- 94616 16153 ~ i a x 3 hi s r~r • MINUTES Planning and Zoning Commission ATTACHMENT 4 February 21, 1990 The special called meeting of the Plannin; and Zonin Commission of the City of Denton, Texas was held on Wednesday, ~ebruary 21, 1990, at 5:00 p.n., in the Council Chamber of the Municipal 1j Building. Present: Eullne Brock, Jim Engelbrecht, Ivan Glasscock, Judd t Halt, William Korman, and Fran Morgan ' Absent: Etha Riker Present from staff: Frank Rotoins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Jane Brady, Urban Planner; Jerry Clark, City Engineer, Ceclle Carson Administrative Analyst; and Olivia Carson, Clerk-Typist Chairperson Brock called the meeting to order. _ 1. 1-90.001. , Hold a public hearing and consider the petition of Ernest Simpson requestin a zoning change from Office (0) to Multi•famlly (MF-). Tne site is approximately 1.212 acres located at 2424, 2444, and IS24 W. Oak Street. Eight reply farms were mailed to property owners within 200 feet of the site; 4 were returned in favor and 0 in opposition. Ms. Brady presented the staff report (attached) and slides of the site. ' Mr. Holt arrived at the meeting. IN FAVOR: none present. OPPOSED: none present. - Ms. Brady stated that the staff recommends approval of Z-90.001. i DECISION: Mr. Kamman stated that the zoning seems compatible with the surrounding land uses and he moved to recoamend approval of Z-90-001. Seconded by Mr. Classcock and unanimously carried (6.01. It. 1-90.002 Hold a public hearing and consider the petition of Robert Nowell and Rc.ert Garrett re uestin a zoningy Change from Planned Drve:oaent (PD-40)gbe12 Pfaca, to SIngle Family 7 (SF-7). Th.e sf:e 1s approximately 1.601 acres and is located betwoea Belt Street and Mingo Road and south of Withers, i Sixteen reply forms were milled to property owners within 200 feet o the site{ 1 was returned ip favor and 0 In opposition. Ms. Brady presented the staff report (attached). PBTLT10NER: Bud Hauptmann, Metroplex Engineering, seated that the portion of the Planned Development that the church is Interested in is undeveloped. The remainder of PD-40 has been developed as office. The representatives of the church have met with staff and addressed all concerns such is utilities, parking, and drainage. IN FAVOR: none prosent. OPPOSED: none present. a a ~w~ ly 9 rat minutes February 21, 1990 w Page 2 i Ma. Brady clarified that %bore is a eamll portion of unaevelopad property that will remain in PD-40. She said that staff recommends approval of the toning request . ' DBCISIOBs Mr, Glasscock stated that the development of a church will be an asset and improve meet to the Property. No 1 eared to recommend approval of Z-90-002. Seconded by Hr. Holt and unanimously carried (6-0). 111. Discuss the Sigc Ordinance Mr. Robbing dlecusmsd a yropossd sabedule for analysis of Leaves relating to the sign ordinance. He suggested that 9 the Commission consider the schedule at their February 28, t 1990 meeting. Doe of the issues in getting certificatLon from the State Department of Highways and Public Transportation to permit off-premise signs on 1N-33, and Highways 380 and 371. Ms. Brook used what is needed. V Me. Brady replied that they went to bare language in our sign ordinance about wind load requireseote, the $23 fee for tranaffer of permLts, revocation of permits, and licensing is Qulrenents. Or. Bobbins mall that the prusatatloas will be on issues 1 the Commission felt cooled further study, Ii1) Ms. Brook said that the report to the City Council indicated that the Comolu ion will act recommend any changes concerning portable algue. She asked about the presentations. I Mr. Bcbbias stated that there is not yet a conseasve about the changes. The presentations will be on the issues and - altwrcatives, Me. Fran said th.t there is a time concern because some off-prsstme signs ■ay be permitted by the State that would not be allowed bl City redulatimna. The Commission any wish to get things straightened out with the State first. The issue of a sign board will take more items to study. k i ' No. Brook said that she would like State certification as soon as possible. She asked if there will be s problem handling that Loans separately. ' Mr. Bobbins answered that there Is hot a substantial problem. There is soar relootsaes to do the sign ordinance in pianos benanse of political problems with Ilona. If a sign ordinance asensment to listed on the agenda it could apse, a Pandora's bor. No. Carson stated that she has heard of some people interested in putting signs along 1-35 on the fringe of the community. Mr. Eanman asked if the State respoods to the communitLes at all. Mr. Bobbins said that Denton should be certified. In big past experience, certification only took two days. Wind load is addressed is the Building Code. The, other issues relating to the certification are administrative. The state just wants tm see than in our ordinance. Me. Brook asked low Long It will take to process the applicattom. 4-2 I j r I x !r y'an y f ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT "PD" TO SINGLE FAMILY 7 "SF-7" ZONINU DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.603 ACRES OF LAND LOCATsD BETWEEN BELL STREET AND MINGO ROAD AND SOUTH. OF WITHERS STREETt AS MORE PARTICULARLY DESCRIBED HEREIN] PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; I AND PROVIDING FOR AN EFFECTIVE DATE. E t WHEREAS, James Howell and Robert Garrett, representing Lake Cities Denton Congregation of Jehovah's Witnesses, Inc. have applied for a change in zoning for approximately 1.603 acres of land from Planned Development -'PD" to Single Family 7 "SF-7" j zoning district classification and use designation; and r WHEREAS, on February 21, 19900 the Planning and Zoning Commission recommended approval of the requested change in zoning; f NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTO"; HEREBY ORDAINSt SECTION T. That the zoning district classification and use designation of the :.603 acres of reel, property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from Planned Development district classification and use designation to Single Family 7 "SF-7" district classi- fication and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. i SECTION IT. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the { Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, as amended, is further amended to show the change in the zoning district classification herein approved for the property f herein described. SECTION III. That the City Council of the City of Denton, Texas, hereby finds that such change is in a^cordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving value of the building, protecting human lives, and encouragLig the most appropriate uses of and for the maximum t Z-90-002/Page 1 r { i f i i j N~ it i +t. r i benefit of the City of Denton, Texas, and its citizens. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-chronicle, the official 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 ii Ray Stephens, Mayor 1 ATTESTS i Jennifer Walters, City Secretary r ~ BYS 1 APPROVED AS TO LEGAL FORM: q DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I iI BYS ~ w I j 39004 Z-90-002/Page 2 t~ f ' i I P it u 4 i } EXHIBIT "A" a s FIELD NOTES All that certain 1.603 acre tract or parcel of land situated in the BBB and CRR Company Survey, Abstract Number 183, Denton County Texas, and being a part of Bell Place, an ( addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet C. Page 144, Plat records, Denton County, Texas, being all of Lots 2, 3, 4, and 7 t I and part of a called 'common area`, and being more particularly described as follows: Beginning at a found half inch square tube for the southeast cornier of Lot I, Bell Place, as addition to the City of Denton according to the plat recorded to Cabinet B, Page 245 Plat Records, Denton County, Texas; f Thence North 00 degrees 01 minutes 00 seconds East a distance of 43.19 feet to a found half Inch square tube in the east line of said Lot I, also being the northwest corner of the herein described tract; j Thence South 88 degrees 27 minutes 40 seconds East passing a north•south fence at 186.7 feet, and continuing a total distance of 190.42 feat to a found half Inch square tube; II Thence South 00 degrees 13 minutes 53 seconds West a distance of 37.76 feet to a found half Inch square tube for an inner all corner of this tract; Thence South 89 degrees 45 minutes 20 seconds East a distance of 143.43 feet to a set half inch square tube; Thence South 00 degrees 19 minutes 32 seconds west a~dlstance of 19.03 feet.to a found ~r half Inch square tube in the northwest right-of-way of Miago Road; Thence South 31 degrees 01 minutes 31 seconds West with sold right-of•way a distance of 248.22 feet to a found half lath rebar for the southeast corner of the herein described tract, i Thence North 85 degrees 14 minutes 54 seconds West a distance of 206.81 feet to a found f half Inch rebar, Thence North 00 degrees 01 minutes 21 seconds East half Inch square tube for as Inner Oil corner of said Bell Place asn ecordedln feet a Cabint uCa>'rp 144 Plat Records, and continuing a total distance of 214.89 feet to the Point of Beginning, containing in all 1.603 acres of land. Vf F FF;j I M CITY x COUNCIL 111111P Fill I ''''IF.. FIFITI FIFITI III III .-F 11.1 IFIIFF ]III 11 'IF Ill I IT ]IT Ill j f 11 Ill Fl I 3F 1., 11 1 F 00 All y I i i 1 1 f 7K -OEM" UATE: 04/03/90 F CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council a, FROM: Lloyd V. Harrell, City Manager SUBJECT: PUBLIC HEARING AND ADOPTION OF AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING FROM OFFICE (01 TO MULTI-FAMILY 2 (MF-2) WITH RESPECT TO 3.232 ACRES AT 2424, 2444, and 2524 W. OAK STREET. (Z-90-001) I RECOMMENDATION: I The Planning and Zoning Commission recommended approval at its February 21 meeting by a vote of 6-0. SUMMARY: The property is in a moderate intensity area. Rezoning the property ; j to ME-2 will reduce the allocated intensity tripe by 485 in the study area. BACKGROUND: The property is an existing 100 unit apartment complex. In 1986, when residential uses were removed as permitted uses in office zone districts, this property became a legal non-conforming use. The applicant desires to bring the zoning and use into compliance with current districts. I ! PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: 1 Eight property owners were notified. FISCAL IMPACT: No fiscal impact has been determined at this time. 11 Reepz ly, s i Prepared bys Lloyd If. Harrell City Manager f Jane beady ~ I r Urban Planner Approv t J I Fra Obbins, AICP Executive Director ` Planning and Development i 13750/3 I 1L t j1 S STAFF REPORT ~E To: Mayor and City Council Case No. Z-90-UO1 Meeting Date: April 3, 1990 GENERAL INFORMATION Applicant: Ernest Simpson 716 Ector Street Denton, TX 76201 Status of Applicant: Owner/Applicant Requested Action: Change in zoning from office (0) to Multi-family 1 {MF 2) Location and Size: Approximately 3.232 acres located at 2424, 24440 and 2524 W. Oak Street Surrounding Land Use and Zoning: North - PD-69, The Vintage Retirement Covmunlty Multi family 1, vacant j South - Multi-family 1 East - Neighborhood Service Single Family 7, and office t West - Commercial, vacant Denton Development Plan: Moderate Intensity Area 1 SPECIAL INFORMATION Transportation: Access is provided from West Oak Street. Utilities: All services ara provided. r i I i ; ~aAY~ `1'III 1 I I k III C~ (Case Z-90-001) Page Two I~ HISTORY r ~ I The site is currently zoned for Office (0). When the one hundred units of apartments, The Alton House Apartments, were built, the Denton Zoning Urdiuance allowed residential uses In the Office Zoning District. In 1986, when residential uses were E I removed as permitted uses in office zone districts, this w property became a legal non-conforming use. Should fifty a ` percent (501) or more of the structures be damaged or destroyed, the apartments could not be repaired or replaced. Additionally, 7 k insurance and lending institutions have some difficulty covering properties that are zoned differently than the use on the ground. ANALYSIS The property is in a moderate intensity area, number 117 (see attached intensity map and calculations). Approximately fifty percent (501) of the intensity in the study area have been allocated. Bringing The Alton House Apartments' zoning into compliance with the existing uses will remove 485 intensity trips from the 114,947 trips currently allocated. This proposal is compatible with the surrounding area, existing and proposed. RECOMMENDATION k 1 Staff recommends approval f ` ALTERNATIVES 1. Approve the petition I 2. Postpone action 1 3. Deny . ATTACHMENTS i 1. Location Map I i 2. Intensity Study 1117 i I k ~E I S` I I 1375o f , i i i I 1, AWE 4 r r ATTACHMENT 1 Z 90 001 LH 1, s ~ F IE W OAK I Ell as r Z ~ h ~ ~0 WALE iJON@. DATII NMI I ATTACHMENT 2 INieN9IT! AteA t 117 else 657.07 Aceee j BOUNDART DVORIPTION f 9astl South Carroll Blvd. 1 Westi I-359 Northt ecriptuce, Bonnie Brae and West Hickory Southt Eagle Drive, Collier Street, and I-359 2t SCRIPTURE L eBOT10M 111J1 5 RIPTURf i f 117 q W. OAK W. OAK ~ w IKI r ro~urs / ~ I, f' Fl o eOALS e/ OfNT M, rnfAe t 2-1 I MI a': n,T'V.Ir /Mrj V y INTBNBITT AREA • 117 BIZ= 657.07 ACIRS i p BOUNDARY DBBCR[PTION 1 Easts South Carroll Blvd. - Wests I-35E Norths Scripture, Bonnie Bras and West Hickory Souths Eagle Drive, Collier Street, and 135E ran S RIPTIi 8ECT10N 117J 4oanAaw L rll (80 MAT*Lm i iiA r~ V. OAK I it It Q ==F711. OA w. HICKORY W HIKRY , ~ o oDWIWTO' rrtu~ J . CAM" WAU a ❑a a o 3 EAGLE n loom IL f' ®n~n ao BOALB D t~ N 0 800 1000 ROT My Of O#Nrft rIfJfAJ 2-2 . 1 1 /.IR'V I1 d 4 'k ATTACHMENT 3 t LAND USE MANAGEMENT INFORMATION SYSTEM i PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON -----r-------------------r-------r-r--------------..r----__- i intensity area 0 117 Types Moderate Intensity Trips/ac 350 T S Z Y: 6661 6664A 6665 6571 6585 6662 6717 } Boundary descriptions North: scripture, Bonnie-Brae and West Hickory Souths I 35 E. Collier and Eagle Dr. Date: 11/28/89 Easts South Carroll Blvd } West: 1 M -------.-----------..---LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT e SF-16 < 42 18.3 420 0 0 0 0 0 SF-10>16 26 9.39 260 0.25 7.5 0 0 0 SF-7>10 100 23.22 1000 1.03 43.26 0 0 0 k LESS SF-7 15 4.14 150 0 0 0 0 0 MOB.HOMES 0 0 0 0 0 0 0 0 DUPLEX 4 1.1 40 0 0 0 0 0 MF-R 37 3.98 296 0 0 0 0 0 MF-1i2 3250 111.71 26000 18.39 3678 0 0 0 COM/RET 0 19.25 12512.5 64.65 42022.5 0 0 0 OFFICE 0 2.77 969.5 0 0 0 0 0 INDUSTRY 0 5.41 568.05 0 0 0 0 0 INSTI'NAL 0 315.93 26854.05 1.48 125.6 0 0 0 PARRS 0 0 0 0 0 0 0 0 R/O/SPACE 0 0 0 0 0 0 0 0 j i TRANSPORT 00 56.07 AGRIC. 0 0 0 0 0 0 0 1 VACANT 0 85.8 0 0 0 0 0 0 .rrr TOTAL 3474 657.07 69070 85.8 45877 0 0 0 w..rrr...r ................................rrr_....rrr............................. INTENSITY CALCULATIONS' ....w....-------- 1 Intensity area total trips 657.07 times 350 229975 2 Trips allocated to existing land uses (built) 69070 3 Trips allocated to current zoning incl. P Ds (not built) 45877 4 Trips allocated to vacant lands not zoned plus AAgqric. zoning 0 5 Estimated unallocated intensity trips i)minus(2)+(3)+(4) 115027 161 Percentage of intensity trips allocated 500'' I ..........................r ...........................r...................... ONE THIRD RULE CALCULATIONS Acres Trips r III Allocations for com\retail development 21942 142365 2 Existing com\retail land uses (Built) 19.25 12513 3 Current zoning for com\retail land uses 64.65 42023 { 4 Total trips\acres allocated (2 + 3 ) 63.90 54535 I►i 5 Unallocated trips\acres 135.12 87630 ...........rrr.w ......................r...r..................................... ' I 1 1 mlmai ra ~r I ( 71 l MINUTES ATTACHMENT,4 Planning and zoning Commission February 21, 1990 The special called meeting of the Planning and zoning Ccmmisslon of the City of Denton, Texas was held on Wednesday, February 21, 1990, at S:00 p,m „ in the Council Chamber of the Municipal Building. Present: Eullne Brock, Jim Engelbrecht, Ivan Glasscock, Judd Holt, William xamman, and Fran Morgan Absent: Etha aiker Present from staff: Frank Robolns, Executive Director for Planning and Development; Elisabeth Evans, Planning Administrator; Jane Brady, Urban Planner; Jerry Clark, City EngineerCa, Cecile Carson, Adalnistrcttve Analyst; and OILvia rson, Clerk-Typist Chairperson Brock called the meeting to order. 7 i 1. 2-90.001. Hold a public hearing and consider the petition of Ernest Simpson requesta coneing change from Office (0) to _ Multi-family (MM). Tn site is a proxLmately 3,252 acres located at Z124, 2111, and 2521 W. Oak Street. i Eight reply forms were mailed to property owners within 200 feet of the site; 1 were returned In favor and 0 In k { opposition, If I Ms. Brady presented the staff report (attached) and slides j of the site. Mr. Holt arrived at the meeting. 3 i IN FAVOR: none present. I j OPPOSED: none present. Ms. Brady stated that the stiff recommends approval of Z•90-001. i DECISION: Mr, [emu n stated that the coning seems ' compatible with the surrounding land uses and he moved to recommend ■pproval of Z-90-OU1. Seconded by Mr. Glasscock and unanimously carried (6.0). Il. Z-90-002 Hold a public hearing and consider the petition of Robert Howell and Robert Gatrett requesting a zoning change from Planned Development (PD-10) Bell ace to Single Family T f (SF-7). The site is approxL:stely 1.66i acres and is located between Bell Street and Mingo goad and south of j Withers. pp I 200 feetrofltheosite;elewasltaturned Inefavorwands0Winhtn opposition. Ms. Brady presented the staff report (attached). PETITIONER: Bud HauptmannI Metroplex Engineering, stated that the portion of the Planned Development that the church is interested In is undeveloped, The remainder of PD-10 has Dean developed as office. lha representatives of the church y have met With staff +ad addressed all concerns such as I utilities, parking, and drainage. IN FAVOR: none present, i OPPOSED: none present. I I 1 , ( I ~ 1 s + ~J 1 I Wl-1Fy, 1~at i i z Y ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM OFFICE "O" TO MULTI-FAMILY 2 "MF-2" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.232 ACRES OF LAND, LOCATED x' AT 2424, 2444, AND 2524 W. OAK STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF F $2000.00 FOR VIOLATIONS THEREOF1 AND PROVIDING FOR AN EFFECTIVE } DATE. f ; 1 i WHEREAS, Ernest Simpson has applied for a change in zoning for approximately 3.232 acres of land from Office "O" to Multi-Family 2 ?IMF-2" zoning district classification and use designationt and WHEREAS, on February 21, 19901 the Planning and Zoning Commission recommended approval of the requested change in zoning) i NOW, THEREFORE, a THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i I SECTION I. That the zoning district classification and use designation of the 3.232 acres of real property described in Exhibit "A", attached hereto and incorporated herein by reference, i is hereby changed from office "0" district classification and use designation to Multi-Family 2 'IMF-2" district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the Zoning Map of the City of Denton, { Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No, 69-1, as amended, is further amended to show the change in the zoning district classification herein approved for the property t herein described. s SECTION III. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consl4iration, among other things for the character of the district a 'or its ` peculiar suitability for particular uses, and with a view to conserving value of the building, protecting human lives, and encouraging the most appropriate uses of and for the maximum i benefit of the city of Denton, Texas, and its citizens. d1 ` ` Z-90-001/Page 1 6 t . i {rr.n Y Y. SECTION IV That any person violating any provision of this ordinance shall, upon conviction be fined a sum not exceeding .00. Each this shall constitute as a pa ate andidistinct offense Hance is violated AL ON V. That this ordinance shall become effective J 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 4 newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. k` PASSED AND APPROVED this the day of , 1989, Ray Stephens, Mayor d ATTEST: Jennifer Walters, City Secretary w { BY: 1 APPROVED AS TO LEGAL FORMS I F I DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ' ? 1 BY: r 39009 l 2-90-001/Page Z I 4 l r r z } ALTON HOUSE WEST T I E L D N 0 T B S TRACT I All that certain 1.209 acre tract or parcel of land situated in the Eugene Puchalski Survey, Abstract Number 996, Denton County, Texas, said tract being part of a called "Second Tract" as shown by dead from Western National Bank to Dallas International Bank an recorded in volume 778, Page 207 of the Dead Records of Denton County, Texasl said 1.209 acre tract being more particularly described as followst i Beginning at a half inch square tube met for the northwest corner of the herein described tract, said point being South 89 degrees 59 minutes 10 seconds East a distance of 589.7 feet from the northwest corner of said Dallas International Bank tract, also being in the south line of Lot 1, Block 1 of the Denton Retirement Center Addition, an addition to the' City of Denton as shown by plat recorded in Cabinet 0, Slide 275 of the Plat Records of said county) j The&aidnce distance of 326.0 feet to 20 seconds East with the mouth line most northerly northeast corner of the herein described tract; f Thence South 00 degrees 40 minutes 50 seconds East a distance of 84.8 feet to a set half inch square tube for an inner ell corner of the herein described tract) Thence North 89 degrees 43 minutes 00 seconds East a distance of 117.0 r feet to a found steel pin in the north right-of-way line of Hest Oak Street, said pin also being the southeast corner of a tract conveyed to the County of Denton and recorded in Volume 412, Page 334 of the Deed Records of Denton County, Texas) Thence South 61 degrees 11 minutes 00 seconds West with said right-of- way a distance of 136.2 feet to a found steel pin at an angie point in said right-of-way line? Thence North 89 degrees 59 minutes 20 seconds West with the north line of west Oak street a distance of 324.7 feet to a found crows foot in concrete) Thence North, leaving said right-of-way, a distance of 149.8 feet to the Place of Beginning, containing in all 1.209 acres of land. i { { 1 i Ile J { 6M. r f ' l 1 I t ' F I E L D N 0 T E S r TRAIT I I All that certain 0.950 acre tract or parcel of land situated in t" Eugene Puchalski Survey, Abstract Number 996, Denton County, Texas, said EE tract being part of a called "Second Tract" as shown by dead from Western National Bank to Dallas International Bank as recorded in Volume 778, Page 207 of the Deed Records of Denton County, Texas; said 0.950 acre tract being more particularly described as followsi Begir,,ing at a set "x" in concrete for tt.e northwest corner of the herein described tract, said "x" being South 89 degrees 59 minutes 10 f seconds East a distance of 311.7 feet from the northwest corner of said Dallas International Bank tractl Thence South 89 degrees 59 minutes 10 seconds East with the north line of said Bank tract, passing at 118.85 feet the, southwest corner of fat 1, Block 1 of the Denton Retirement Center Addition, an Addition to the City of Denton as shown by plat recorded in Cabinet D, Slide 275 of the Plat Records of said county, and continuing on a total distance of 278.0 feet to a set half inch square tube for the northeast corner of tho ' i herein described tract Thence South a distance of 149.8 feet to a found crow's foot in concrete in the north right-of-way line of West Oak Street; Thence North 09 degrees 59 minutes 20 seconds West with said right-of- way a distance of 274,2 feet to a set "x" in concrete in a concrete lined channell Thence North 01 degrees 25 minutes 00 seconds West a distance of 149.9 feet to the Place of Beginning, containing in all 0.950 acres of land. i I i rI i i i i i , I i ~f r .w p.r ..ri n o- 1i{ 9 b E I B L D H O T 6 8 } TRACT III All that certain 1.073 acre tract or parcel Of land situatd in the Eugene Puchalski Survey, Abstract Number 996, Denton County, Texas, said tract being part of a called "Second Tract" as shown by dead from Western National Bank to Dallas International Bank as recorded in Volume 778, page 207 of the Deed Records of Denton County, Texas) said 1.073 c acre tract being more particularly described as follower be at the tnorthe th west icornerriofd said tract# BegirinInge half inch t square northweet International Bank tracts henceO south 89 degr es 59 minntas concrete 10 seconds inadac ann ~sttance of 311.7 a met Thence sout wit &aid channel distance ofh149.9efeetsto5ammettix"0 insconcreteain theh north right ofs way line of West Oak Streets Thence North 69 degrees 59 minutes 20 seconds west with the north right- of-way of West Oak Street a distance of 312.3 feet to a found iron pint a Thence North OS degrees 13 minutes 10nsecondsa11st a dista acs ncof 149.9 feet to the Point of Beginning, The undersigned dons hereby certify that the plat hereon is based on an actual survey made on the ground, and that it is • true, correct, and are accurate representatntion seements except as shown ondsaidaplattrthat the quantit and nd app and property his land accesa to a therein puhis been accurately blic roadway unless o herwi etnot d that said January 05, 1990 Stan ocd NauQtmann RwiNd March 07, 1990 Texas Registered Professional Land Surveyor Number 2255 Y i I i MITY X '11. 11 COUNCIL E y I I IT 4 ' j 1 IF[ f j .1 [IF ~p~ooao o 0 0{+C 111111113 IF I. I.. III II FIT LLIIIIIAl FIT., I ~~7eerv ww.~.y I f t II.P{i 1 rf ( f I I ~ ;r r DATE; 04/03/90 CITY COUNCIL REPORT FORMAT r , TO: Mayor and Members of the City Council t FROM: Lloyd V. Harrell, City Manager f 1 h pp SUBJECY. HOLD A PUBLIC HEARING AND CONSIDER THE FINDINGS AND RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION WITH REGARDS TO THE SECONDARY { EFFECT'S OF SEXUALLY ORIENTED BUSINESSES AND AN ORDINANCE TO REGULATE THE LOCATION OF THESE BUSINESSES. I RECOMMENDATIONI # The Planning and Zoning Commission recommends adoption (6-0). SUMMARY. The Planning and Zoning Commission reviewed the secondary effects of sexually oriented businesses based on documented experiences of other cities and concluded that certain regulatory provisions were } ! necessary to protect the health, safety and general welfare of the f citizens of Denton. j A summary report on the secondary effects of sexually oriented businesses is attached (see Attachment 1). The findings and I recommendations of the Commission (see Attachment 2) have been j incorporated in the proposed ordinance(see Attachment 3). 4 ~ BACKGROUND: I~ February 22, 19891 The Planning and Zoning Commission initiated t discussion on the subject of Sexually Oriented Business. May 100 19891 The Planning and Zoning commission considered the ! III Impacts of sexually or0:t.9 businesses on crime rates and property j values. May 240 19891 The Planning and Zoning Commission considered the need to establish a moratorium on sexually oriented businesses and directed staff to prepare an ordinance. June 260 19691 The Planning and Zoning commission considered and ; recommended adoption of an ordinance establishing a moratorium on sexually oriented businesses. July 12, 19891 The Planning and Zoning commission considered the i potential locations of sexually oriented businesses based on I distance requirements. I July 260 1989. The Planning and Zoning Commission considered the ` secondary effects of sexually oriented businesses based on I documented experiences in other cities. August 1, 19891 The City Council adopted an ordinance establishing a moratorium on sexually oriented businesses for 180 1 days. November 290 19691 The Planning and Zoning Commission considered certain regulatory provisions to mitigate the secondary effects of j sexually oriented businesses. r u, .,a I City Council Report Format Re: SOB p~rr.,!• April 3, 1990 i I January 10, 19909 The Planning and Zoning Commission considered the proposed ordinance and recommended adoption subject to G appropriate amendments to be made by city staff. February 6, 1990: The City Council adopted an ordinance extending the moratorium for 90 days. February 280 1990: The Planning and Zoning Commission considered the proposed ordinance with amendments and recommended adoption j i (6-0). t PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Potential sexually oriented businearear Code Enforcement, Police and Planning and Development Departments, FISCAL IMPACT: a N/A 11 Reap ally Vil ed: Prepared by: err 1 N f) / C1 Manager Harry N Persaud, AICP Senior Planner App oved: Prank H• bbins, AICP Executive Director Planning and Development 2179x 1 { ~ i i i a CAP..?. IF F CITY of DENTON, TEXAS 215 E. WKINNEYI DENTON, TEXAS 76201 /TELEPHONE (817) 6888200 a MEMORANDUM DATE: April 3, 1990 TO: Mayor and City Council FROM: ]tarry N. Persaud Senior Planner SUBJECT: SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES: FINDINGS AND RECOMMENDATIONS OF THE PLANNING AND ' II ZONING COMMISSION I Over the past twelve m;nths, the Planning and Zoning Commi sion reviewed and discussed .he secondary effects of sexually oriented businesses based on documented experiences of other F cities. Please see Attachment 1 for "A Summary Report on the Secondary Effects of Sexually Oriented Businesses". The Commission found that certain regulatory provisions were is necessary to mitigate the secondary effects of sexually oriented businesses and at the same time to protect the health, safety and general welfare of the citizens of Denton. The ` findings and recommendations of the Commission are incorporated in a summary report Attachment 2, The Commission considered the draft ordinance regulating the location of sexually oriented businesses (Attachment 3) at its meeting on February 28, 1990 and voted 6-0 to recommend approval. F If you have any questions, please feel free to contact me at 566-8550, l arry ersaud AICF dw I + 2172x ! j i f I~ i ATTACHMENT 1 Ir ,r. r. ~ > A SUMMARY REPORT ON THE SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES 1. A k4raund In 1976, the Supreme Court affirmed the City of Detroit Police power ability to control the locations and density of adult entertainment businesses in order to protect the health, safety, and welfare of its citizens. As a result of Young Vs American Mini The... Inc .1 t several cities have initiated zoning ordinances to control the proliferation of sexually oriented businesses. So far there are two distinct approaches to control and regulate sexually oriented businesses. (a) The Detroit, Michigan approach (1972) which created a dispersal of sex-oriented businesses intended to separate these uses from residential neighborhoods and spreading them throughout the commercial and industrial areas. j (b) The Boston 'Combat Zone', (1974) established an overlay adult entertainment district in which additional special uses would be permitted in designated commercial zones which were not permitted , in these zones on a City wide basis. It was intended to con- centrate all adult entertainment in a small area so as to prevent the spread of these uses to other areas of the City. i All of the cities with sex-oriented business ordinances reviewed for this report have adopted the Detroit dispersal approach. The Detroit Ordinance attempts to disperse adult book stores and theaters by providing that such uses cannot, without special permission, be located within 1,000 feet of any other regulated usea or within 500 feet of a residential area. 1. SecondatY EfEecte of Sexually oriented Businesses i I There are clear and convincing evidence of the adverse socio-economic and blighting impacts resulting from sexually oriented businesses. ! some of that evidence has been taken from reports of other cities about their experiences with sexually oriented businesses, The following paraphrased illustrates the potential for growth of sexually orientid#businesses, E 'Between 1963 and 1964, go-go dancers gradually began to appear in the lounges and bars of the town. 9y 1965, the dancers were topless, in 19731 the City received an ape. cation for its first adult movie house license. The licence was refused (probably by an arbitrary and sub- jective decision). The applicant filed a judicir.i appeal and won the case forcing the City to gtcht the license. in 103, an store opened complete with sex novelties and movies, Also dInt1973,~ P. popular lounge hired totally nide dancers. Four competitors soon e followed suit. Finally, the ~It - Y gained its first massage parlor.' 1-1 r ;r f F;i 1r 4 t' Summary Report-Sexually Oriented Businesses Page 2 i In Los Angeles, the Police Department reported that crimes such as homicide, rape, aggravated assault, robbery, burglary, larceny and vehicle theft were twice as high in the Hollywood area compared to the rate for the City as a whole3, Street robberies, wherein the victim was directly accosted by their assailants, increased by 931 over the period 1969-1975 in the Hollywood area, The City-wide rate increased by 261 over the same period. The number of arrests for crimes such as forgery, counterfeiting, embezzlement and traud, stolen property, prostitution, narcotics, liquor laws, gambling and other misdemeanors increased by 45.51 in the Hollywood area between 1969-1975, compared to city-wide increase of 3.41. Prostitution arrests increased 312.31 between 1969-1975 in the Hollywood area compared to 24.51 for the city as a whole. At the time of this study3, the Hollywood area contained 99 or 481 of the 207 adult entertainment establishments in Los Angeles. Adult entertainment included motels massage 9 parlors, adult book stc[ce/ arcades and adult theaters. t ~ In an effort to determine on an empirical basis the effects of adult j entertainment facilities on surrounding business and properties, the N Los Angeles Planning Department administered a questionnaire survey in 197'139 The Department reported that the assessed valuation of properties in areas containing concentra:lons of adult entertainment businesses have generally tended to increaae to a lesser extent than similar areas without such concentrations. f ' The results of the survey identified the following adverse impacts. (a) Difficulty in renting office space. (b) Difficulty in keeping a desirable tenant, (c) Limit hours of operation. t (d) Deter patronage from women and families. ' (e) Affects the morels and safety of children. (f) Increase litter and graffiti. (g) Blighted and sleazy aesthetics, 1 The Los Angeles Planning Department also mailed questionnaires to professional appraiser sampled from membership of the American Institute of Real Estate Appraisers. The resulra of that survey indicated thatt i r (a) 87.71 of the respondents felt that adult entertainment establishments decrease the markat values of other business properties located in the vicinity of such establishments, (b) 67,91 of the respondents felt that the rmntal value of business properties located in the vicinity of adult entertainment businesses decreases. (c) 721 of the respondents felt that the annual income of business 9 located in the vicinity of adult entertainment business decreases. 1-2 , ~W~~W k l ~ r I# Summary Report-Sexually Oriented Businesses Page 3 G r The Amarillo Police Department in a statistical analysis of street crimes including rape, robbery, all assaults, theft from persons, auto burglary, driving under the influence, public intoxication, vandalism 1 and illegal weapons, found that the incidence of street crimes was 1 significantly greater around the concentrations of adult only busi- nessea than the average for the City as a whole4, The analysis ! concluded that street crimes were two and a half times the City average f in the immediate vicinity of alcohol and adult only businesses and one 1I and a half times the City average surrounding businesses featuring alcohol and semi-nude entertainment, Adult only businesses included ~k adult book stores, adult mini motion picture theaters (peep shows), adult motion picture theaters, artist body painting studios, eating places with adult entertainment, exotic photo studios, lounges and bars (topless and hottomleas) massage parlors, nude theaters and nude wrestling parlors, In order to illustrate the impacts of adult entertainment establish- ments, the City of Las Vegas also administered a brokers and realtors questionnaire survey. The survey results were reported to the City commission as followss. (a) 861 of the respondents felt that adult entertainment establish- ments decrease the market value of business property. (b) 801 of the respondents felt that adult entertainment establish- 1 ments decrease the rental value of businesses located in the vicinity. j (c) 82.61 believed that adult entertainment establishments decreased f the annual income of businesses located in the vicinity. I (d) 82.61 believed that adult entertainment establishments decreased J the annual income of businesses located in the vicinity. j (e) 56,521 of the respondents felt that adult entertainment establishments decreased the market value of private residences located more that 1,000 feet away from such establishments, (f) A significant number of the respondents believed that vacancies, rate of tenant turnover, complaints, neighborhood appearance, 1 ~W crime and litter all increased with proximity to adult I entertainment establishments. 1 The adult entertainment establishments considered in this survey included adult book stores, massage parlors, peep shows, bars with X-rated entertainment, nude topless dancing, adult theaters, adult motels and other sex shops, ± She Polies Department of the City of Beaumont has concluded that adult uses such as bars, lounges or taverns and especially those featuring such sexually oriented activities as exotic dancers and go-go girls are the frequent scene of prostitution and the sale and use of narcotics, i crimes against persons such as mugging are also above average in such areas6, 4 1-3 1j ,s h / I' 1 1 ..li] , 1 ` Summary Report-Sexually Oriented Businesses Page 4 In Houston, a committee on the proposed regulation of sexually oriented businesses reported to the City Council in November, 1983, on the negative impacts of adult uses on economic development7. According to testimony given to the Houston City council 'the sexually oriented businesses clustered in that area are apparently able to pay extra- ordinarily high monthly rents - much higher than many non-sexually i oriented businesses can afford. The result is the shutting out of many non-sexually oriented businesses which could survive economically except for the artificial high rents.' The committee also reported that 'how the atmosphere created by clustering of such businesses made it difficult for many sexually oriented businesses to attract sufficient clientele. The inability to attract 'seed businesses' has, in turn, made it difficult to encourage other larger scale quality development in the area. It has also discouraged those who wish to reside in the area and thereby continue the mixed development plan of land uses that has historically made that area unique.' Dr. Andrew Rudnick of the Rice Center gave expert testimony to the Houston City Council on June 16, 1983. He attested to the fact that 'the establishment of sexually oriented businesses had detrimental effect on property values at least in part because they were perceived adversely to affect the quality of life - including among other things such issues as suitability for family activities and stability of neighborhood environment.' Another study of the impacts of adult entertainment businesses conducted in Indianapolis in 1984, confirmed the findinge m,3ntioned earlier in this report. The study compared crime rates for selected areas with adult entertainment businesses (study areas) with those of similar areas without such businesses (control areas)e. The study aggregated crime statistics over the period 1978-1982 for rape, indecent exposure, obscene conduct, child molestation, adult molestation and commercial sex. A total of 153 sex related crimes were reported in the control area over this period with a high of 39 in 1979 compared to 198 in the study area with a high of 52 in 1981. Whereas sex-related crime rates in the control areas varied from a low of 190 in 1978 to 33.4 in 1979, the study areas increased from 22.3 in 1978 to 60.9 in 1981. The average sex related crime in the control area was 26.2 over the five- year period. The rate in the P!udy area was 77t higher with 46.4 over the same period. 4 i The study utilized data from Multiple Listing Services (MLS) and the Home Mortgage Disclosure Act records of actual mortgages processed and reported by local lenders to analyze the adverse impacts of adult entertainment businesses on property values. Average mortgage values in the control area increased by 774 from $16,039 in 1979 to $280420 in f 1982, over the same period average mortgage values for the study area increased by 26% from $23,823 to $30,090. i The Indianapolis Plonninq Department consulted with the Indiana School of Business to conduct a national survey of real estate appraisers in order to determine the impacts of adult entertainment businesses on both residential and commercial property values. A 201 sample was I` drawn from membership of the American Institute of Real Estate 1-4 op" " Summary Report-Sexually Oriented Businesses Page 5 Appraisers. Respondents were asked to rank the impact of an adult book store on residential and commercial property values with in one and three blocks of the book store. The results of the curvey are as follows. (a) Sol of the respondents felt that an adult book atore would have a negative impact on residential property values and 721 felt that »t there would be a detrimental effect on commercial property values. J (b) The greater majority of the appraisers who responded felt that I there is a negative impact on residential and commercial property values within one block of an adult book store. (c) This negative impact dissipates markedly as the distance from the site increases so that at three blocks the estimates of negative Impact decreases by more than one-half judged by the number of respondents indicating negative impacts at three blocks. (d) The majority of the respondents felt that the negative impacts of an adult book store is slightly greater for residential properties than for commercial properties and decreased less dramatically with distance from residences. Tne City of Phoenix conducted a similar study in 1979 designed to determine the impacts of adult businesses in the community9. In that study, the City of Phoenix Police Department statistics showed that there are about 40% more property crimes per 1,000 population in areas with adult businesses compared to similar areas with no such busi- nesses. The study also pointed out that sex crimes including indecent exposure were significantly higher in areas with adult businesses compared to areas with no such businesses. E Similar studies in City of Austin concluded 'that there can be serious detrimental impacts on the neighborhoods surrounding adult entertain- ment business sites. Sex related crime rates are two to five times higher than the City-wide average rate for those crimes. Sex related crimes are s,ibstantially higher in areas containing more than one adult business site than in areas where a single adult business was located.' f' ` In the City of San Marcos zoning Commission hearing on November 3# 1967 1 \ testimony given by citizens indicated the general feeling that a se.cally oriented business serve as an 'AIDS factory',.,'inflicting diseases on the rest of the community' and increasing the incidence of child abuse. The Police Chief testified that the Police Department 'received numeroui complaints regarding adult book stores in San Marcos' and 'that one individual had to be assigned exclusively to handling answering of letters to citizens.'ll only recently in Lopez vs. State, Court of Appeals of Texas12, the court upheld the Rouston Ordinance intended to discourage use of adult arcades as places of sexual encounters or solicitation. The Ordinance is udsed on findings that persons who have sexual encounters in adult arcades have been treated for sexually transmitted diseases and that a:cades with booths, not subject to observation by employees, present fire hazards and are more ?.il;ely to be used for sexual encounters,13 i 3, Ordinances Regulating Sexually Oriented Busineases by dispersal, R 1-5 1 ` 9-1 N m ~ p i { bi a ~ ty7 S v -aah 0 - f1 C C S '~ppp O_ 3 yp 7 { S 'J - - - 1. 1g3 b 0 6 G c 0 8 A C c ~ C~ N_ m~~ ~ap4 Qf a o~~ pgY S{ m{ ~ i 1 7 i .F N 3 i Q77 ~ P b N Y p Y S~ l~ ~ 2 O IN p C (N~ y~~~ m7' p~ ~ J] N N Np < C O J { G 1 a b~ m ' b~ b~ i J J m n - N 0 l - 0 - n' l o - r - 9 c ~ I N b - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - p7 ~ ~ l G b a h f g 91 i D 1 ~n 1 C-r 3 O •Oi a t 6 y - - r O C F N y{ p ff aS N~ N O N E N~ ~ g ap 8 g O i d O i O N~~ p b~~ ~ '1 N p N ~ N 7pNyr ~ cm ~ p Ny O R G Q° n y n Ol N; 9•; a y O •1 7 o" 4 r - - T i 0 Z5 ~ ~ o t u, f - o - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ Vi- S2 C3 y Tl N Ei N mm y jjj - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - N 7 0 - {--o------ - y 6 O 'J 18 N O 1 y y y _ M y p I n $ - ~ w N r y~ M i y - F- - - - - - - - ? - - - - - - _ O - N O. 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Ct. 771, 1976 4 2. Time, April 51 1976 i 3. Study of the Effects of the Concentration of Adult Entertainment tr Establishments in the City of Los Angeles. June, 1977. { 4. A Report on zoning and other methods of regulating Adult Entertainment i in Amarillo. Planniny Department, Amarillo. September 12, 1977. 5. Minutes of the Las Vegas City Commission. March 15, 1978. E 6. Memorandum to the Planning Commission and the City Council 'Regulation of Adult uses: Revised September 14, 19821. City of Beaumont. 7. Legislative report on an ordinance amending section 28-73 of the Code of Ordinances of the City of Houston, Texas; providing for the regulation of sexually oriented commercial enterprises, adult book stores, adult movie theaters and massage establishments and making various provisions and findings relating to the subject. November, 1983, Be Adult Entertainment Businesses in Indianapolis: An analysis. ' i Department of Metropolitan Development. February, 198x. 9. Adult Business Study: Planning Department, City of Phoenix. May 25, 1979. 10. Adult oriented businesses in Austin, 1956. i ` 11. Minutes of the Zoning Commission, City of San Marcos, November 3, 1987, 126 Lopez vs, State, Court of Appeals of Texas. July 28, 1988. 756 S.W 2nd 49. 13. Land Use Law, March 1989, 41 2D 105-106. r l i i i 1-12 i 'r y ATTACHMENT 2 a . A SUMMARY REPORT OF THE FINDINGS AND RECOMMENDATIONS 1 OF fHE PLANNING AND ZUNING COMMISSION i Findings of the Planning and 1 Zoning Commission Ordinance Provision 1, There are different types of Defines sexually oriented businesses which offer varying businesses by the materials types of sexually oriented they sell or the services materials, activities and/or they rovide (Sec. 28C-2, services that have secondary 28C-3g. effects on surrounding land uses and the community. 2. Sexually oriented businesses Prohibit sexually oriented located in proximity to resi- businesses within 1000 ft. dential uses have been shown of a residential district to cause a reduction in property or lot devoted to resi- values and adversely affected the dential use (Sec. 28C-5). stability of neighborhoods. 3. The incidence of street crimes, Pronibit sexually oriented prostitution arrest and sale of businesses within 1000 ft. narcotics are higher in and near of a church, a school or sexually oriented businesses public park (Sec. 28C-S). which adversely affects the use of churches, schools and parks by the general public. i 4. The concentration of sexually Prohibit sexually oriented oriented businesses causes cumula- businesses within 1000 ft. I tine secondary effects on sur- of another sexually oriented j rounding properties. Concen- business. (Sec. 28C-S)" tration also causes reduction of rental values and annual incomes I I of other businesses located near- I by because those other businesses are unable to attract sufficient customers. + S. Neighborhood service districts Prohibit sexually oriented are intended to serve nearby businesses In the neighbor- residential districts with hood service districts { essential goods and services. (Sec. 28C-12), 3 Sexually oriented businesses would be incompatible with the types of businesses permitted in those , districts. fi } 7 Summary Report of the Findings and Recommendations of the Planning and Zoning Commission Page 2 { 6. Sexually oriented businesses have Prohibit persons under the 1 been associated with higher inci- age of 18 years from being s dente of drug use, prostitution employed by an escort agen-.y and criminal activities. The or nude model studio or city has a legitimate interest appearing in a state of in insuring that person of young nudity in a nude model age are not employed in such studio or adult theatre. places. (Sec. 28C-6, 28C-7, 28C-8. 7. Adult theatres containing Requizes that every area of private viewing rooms or adult theatres containing 1 darkened areas are often used for viewing rooms of less than for drug use, prostitution and 150 sq. ft. Of floor area other illegal activities. be viewed by a manager's Illegal sexual conduct encourages station and that all areas the spread of sexually transmitted accessible to the public be diseases. adequately illuminated. (Sec. 28C-10). 1 t ' i { i . y' Z 2-2 ' I . I i I i i I x ! h` wrv~ 1 a i. U ! ATTACHMENT 3 NO. ~i AN ORDINANCE OF THE CITY OF DENTONt TEXAS] AMENDING APPENDIX B - i ZONING OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE 28C I DEFINING AND REGULATING THE LOCATION OF SEXUALLY ORIENTED N. BUSINESSES; PROVIDING ADDITIONAL REGULATIONS FOR ESCORT AGENCIESo NUDE MODEL STUDIOS, ADULT MOTELS: ADULT THEATERS, AND ADULT NOTION PICTURE THEATERSI PROVIDING REGULATIONS FOR THE DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS; AMENDING THE SCHEDULE OF USES TO PROHIBIT SEXUALLY ORIENTED BUSINESSES IN CERTAIN DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS OF LOCATION REQUIREMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR ALL OTHER VIOLATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. I I (Notes Legislative Findingr to be Inserted after Council hearings and discussion]. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt { SECTION I. That Appendix B - Zoning of the Code of Ordinances is amended by adding a new Article 28C to read as follows: ARTICLE 28C. SEXUALLY ORIENTED BUSINESSES Sac. 28C-1. Purpose and Intent. Sec. 28C-2. Definitions. 5 Sec. 28C-9. Classification. i Sec. 28C-4. Inspection. I See. 28C-5. Location of Sexually Oriented Businesses. Sec. 28C-6. Additional Regulations for Escort Agencies. Sec. 28C-7. Additional Regulations for Nude Model Studios. r Sec. 28C-8. Additional Regulations for Adult Theaters and Adult Motion Picture Theaters. See. 28C-9. Additional Regulations for Adult Motels. Sec. 28C-10. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. Sec. 28C-11 Enforcement. pEp Sec. 28C-12. Amendment of this Article. E { 3 I it r a . "0. i 9 ~ Article 2ec. 8lZpALLY ORranjD so6lxsesae see. 2801. Purpose and iateat. (A) . It 1s the oriented purpose of this article too regulate se y morals businesses :z- , and general welfare of to the health xuall and to establish roan citizens onable and safety, prevent the concentration of ae o! the City within , the City. uniform reations to neither the y. The provisionally orientedgulbusinesses t+ or restrict i n~ on the effect of imOf thla posing arit materials, Including content of mitation any coamunicative similarly, it g sexually oriented i article to restrict nohe ,den intent materials, nor effect of this j orient materials to den abs protected by tAa First is to sexually sexually oriented the distributors and xhibitnt, or entertainment to their Intended emarket. (B) The locational regulations pursuant to the authority Oov of Chapter 211 of the nactad are enacted All other provisions of thin aZOcal rticle authority of Article to the City~s polls rtiola Constitution, Article XI, section 5 ofcw thand the j he Texan sae. 78c-X. Definitions. In this article, t Aron ~ 1 or invite- dd w- hhe e p saoinaa place to which the public is slu Permitted picture slectrically, or machines mechanically g operated or alactroni- j maintained to eh 1 images controlled still or or other imaQa_producin motion _ any one time, and Where es to five or fewer persons g devices are } or characterized the images so displayed are diet nchi ae at . sexual activitia•"bY the depicting or describing of "e guished or aPeoified anatomical areas," Pacified or Adult Viden Qt manna, (A) A commercial establishment business purposes which as one of I of considaranahffers for sale or its principal y one or morn of rental for any form books the following, matter magazines, periodicals or or photographs, other films, motion pictprintd ures, PAGa 2 ; E ~J i 4 video cassettes or video reproductions, slides, or other visual representation which depict or des- cribe "specified sexual activities" or "rpecitied anatomical areas"t or (2) instruments, devices designed for use in connectionwitha "hick are I sexual activities". Specified I ~ (8) For the establishment shall be considered tot have as " principal business A. commercial materials described pin A es" the sale or rental of the O above, if: (2) The establishment makes u any public street se Of a sign visible from proert to whether locatod on or off the avaipp yy of the establishment any mat the lability at the establishment ofadvertleir described in (A)j any material (2) The establishment devotes more than thirty percent (301) of its total floor area which is open to the public to the display of items for sale or rental that are materials described in (A)? (3) More than thirt~ of items displayed for (sale of the total number establishment are materials describerde in 1 Ab Y the j ~ (4) The establishment ( 1t or Property for sale or rental m maintains on the i (A) whose total retail value is amore than fifty escribed a percent (301) Of the total retail valu.1- ffty baterial■ kept on the premises for sale or r stall of Al AdU a►e%no a nightclub 1 commeroial establishment which re bar, restaurant, or similar 9'ulariy leaturesr (A) persons who appear in a state Of nudity; or (B) live of "ipeeoitiednehatomicalrareas"ao by by the e activities"t or Y speeitiedioixual l..ma, motion pictures photographic reproducti ns video which are charaslideer or cteriized boytt'he depiction or description of "s r or "specified anatomical areas."ilied sexual activities" Page 3 k d r f Adult Motel means a hotel, motel, or similar commercial establishment whichs (A) offers accommodations to the public for any form of considerations provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activitios" or "specified anatomical y areas"t and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductionst or (B) offers a sleeping room for rent for a period of time that is less than 10 hourst or t (C) allows n p riod of time sleeping room to less than u1 rent the room for a 0 hours. Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction of "specified sexual activities" or "specified anatomical areas." i Adult Theater mans a theater, concert hail, auditorium, or similar commercial establishment which regu4arly features parsons who appear in a state of nudity or live performances which are f characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." { Building official means the Building Official of the City of Denton or his designated representative. Day nursery or, Kndergartan means a facility that provides care, training, education, custody, treatment or supervision for more than six (6) children under fourteen (14) years of age, where such children are not related by blood, marriage, or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is F operated for a profit or charges for the services it offers. Escort means a person who, for consideration, agrees or offers to act as a companion, quids, or date for another person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person. Page 4 w a w - - - Ile- 4 r . c Sscort Aasnoy means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. Nude Model Studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity or a State of Nudity means: (A) the appearance of a human bare buttock, anus, male genitals, female genitals, or female breastsl or a (s) a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Person means an individual, proprietorship, partnership, corporation, association, or any other legal entity. $ykjja_,p&rk or plavaround means the real property and l i improvements thereon owned, operated, or maintained by a city, 3 university, or other public entity, which are designed or used for recreational purposes and are available to the general public. The ? defined terms include public swimsing pools, golf courses, tennis courts, stadiums, field houses, and other similar accessory uses. 3 Residential District means a agricultural, one-family, two- family, or multi-family zoning district, or any area within a planned development zoning district which is designated for residential use, as shown 3n the approved site plan for the district. gesidential an means a one-family, two-family, or multi- family dwelling, trailer camp, mobile home, or mobile home park, as f defined in Appendix 8 - Zoning of the Code of ordinances. ~ i fighg2l means a building where persons regularly assemble for E the purpose of instruction or education and includes play rounds, stadia, and other structures or grounds used in conjunction therewith. The tars is limited to (1) public and private schools having a curriculum generally equivalent to elementary or secondary j schools, amid (2) special educational facilities in which students who have pphysical or learning disabilities receive specialized education in lieu of attending regular classes in a kindergarten or grades one through twelve. Page 9 E t f h I ~ a F. Semi-Nude means a state of dress in which clothing covers no more than the genitals, pubic region, and arsola of the female breast, as well as portions of the body covered by supporting straps or devices. Sexual Encounter Canter means an establishment whose major business is the furnishing of a location where customers either congregate, associate, or consort with employees who engage in 'specified sexual activities' with or in the presence of such customers, or who display 'specified anatomical areas' in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers. Sexually oriented Business means an adult arcade, adult s bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center. Sneei! .d Anatomical Areas means human genitals in a state of i sexual arousal. Soaeified Sexual Activities means and includes any of the followings { (A) the fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breasts: 3 (S) sex acts, normal or perverted, actual or simulated, { including intercourse, oral copulation, or sodomy) (C) masturbation, actual or simulatedi or (D) excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above, tee. 280-3. Classification. Sexually oriented businesses are classified as follows: (A) adult arcadesl (B) adult bookstores or adult video stores: p (C) adult cabarets: (D) adult motels: Page 6 E r 9 t (E) adult motion picture theaters; (F) adult theaters; (a) ,,*scort agencies; (H) nude model studios; and (I) sexual encounter centers. r f II Beo. 2aC-4. Inspection. J r (A) An I y person who is operating, managing, or otherwise in 4 control of a sexually oriented business shall permit City representatives of the police department, fire depart- went, health department, Building official, and code enforcement department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business. (B) A person who is operating, managing, or otherwise in i control of a sexually oriented business commits an offense if the person refuses to permit a lawful inspection of the premises by City representatives of the police department, fire department, health f , department, at Building official, or is occupied e or enforcement or f business. (C) The provisions of this section do not apply to areas of E an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. r sea. =sC-i. nooatioa of sexually oriented Businesses, (A) A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of any of the following, whether located within or outside the corporate limits of the City of Denton: (1) a boundary of .e residential district, as defined in this article; E (Z) the property line of a lot devoted to a residential use, as defined in this article. Page 7 f i r S I f r' ~N~: 11N4Y,~ i 1 k. i (3) a church or rectory, as defined in this Appendix; (4) a school, as defined in this article? (S) a day care or kindergarten, as defined in this articles or (6) a public park or playground, as defined in this article, if any portion of the park or playground, or a street abutting any portion of the park or playground, in withl.n or abuts a residential district. (S) For the purposes of Subsection (A), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the 4 building or structure used as a part of the premises € where a sexually oriented business is conducted, to the nearest property line of the premises of a church or rectory, school, day care or kindergarten, or to the j nearest boundary of an affected public park or playground, residential district, or lot devoted to a residential use. (C) A person commits an offense if he or she operates or establishes, or causes or permits another to operate or j establish a sexually oriented business which is located within 1,000 feet of another sexually oriented business. The distance between two sexually oriented businesses i shall be measured in a straight line, without regard to intervening structures or objects, from the closest } exterior walls of the structures in which the businesses I are located. (D) A parson commits an offense if he causes or permits the 4 operation, establishment, or maintenance or more than one 1 sexually oriented business in the same building, structure, or portion thereof. (8) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconformiinq use by the location of a use or district within a prohibited distance of the sexually oriented business. } sec. Zoo-s. Additional Regulations for ■scort Agencies. s (A) An escort agency shall not employ any person under the age of 18 years. a Page 8 p~ yy P r. e ja[ i (B) A parson commits an offense if he or she acts as an F escort or agrees to act as an escort for any person under the age of 18 years. sec. 28C-7. Additional Regulations for Rude Model Studios$ (A) A nude model studio shall not employ any person under the age of 18 years. (B) A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection it the person under 18 { years was in a rest room not open to public view or view of parsons of the apposite 'sex. (C) A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. j (D) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, ancept that a sofa may be placed in a reception room open to the public. i ~I k Boca 2IC-81 Additional Regulations for Adult Theaters and Adult motion Picture Theaters. (A) A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state j of nudity in or on the premises of an adult theater or adult motion picture theater. I (B) A parson under the age of is years commits an offense if j 6 he or she knowingly appears in a state of nudity in or on tho premises of an adult theater or adult motion picture f theater. i ' (C) it is a defense to prosecution under subsections (9) and j j (C) of this section it the person under i8 years was in a rest room net open to public view or view of persons of the opposite sex. I i ' Page 9 I . 1 ' i, I see. 28C-94 Additional Regulations for Aauit hotels. (A) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and .vacated two or more times in a period of time that is less that 10 hours creates a rebuttable presumption that I the establishment is an adult motel as that term is t defined in this article. (B) A person commits an offense if, as the person in control j of a sleeping room in a hotel, motel, or similar ff commercial establishment that does not comply with the locational requirements of Section 28C-5, he or she rents or sub-rents a sleeping room to a person and, within 10 hours from the time the room is rented, he or she rents or sub-rents the same sleeping room again. (C) For purposes of Subsection (B) of this section, the terms "rent" or "sub-rent" mean that act of permitting a room to be occupied for any form of consideration. ' see. 28C-10. Regulations pertainimq to lsbibitiea of I sesualit ssplicit Film or videos. (A) A person who operates or causes to be operated a sexually oriented business, other that an adult motel, which exhibits on the premises in a viewing room of lose than 150 square test of floor space, a film, video cassette, or other video reproduction which depicts "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements: (1) The establishment shall provide for one or more I f square feet of floor narea.of The mmanaq manager's estations s for the hall be designed to provide a monitoring location I operators during hours andotoeexcludeememtbers of the general public. The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest ,%come. Rest rooms 1 may not contain video reproduction equipment. If the premises has two or more manager's stations, i then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to Page 10 s ~ r s S which any patron is permitted access for any pur- pose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. 3 „(2) It is the duty of the owners and operator of the promises to ensure that at least one employee is on t duty and situated in each manager's station at all times that any patron is present inside any part of the premises. (9) It shall be the duty of the owners and operator, F and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection (1) remains unobstructed by any doors, walls, merchandise, dis- play racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the establishment that does not have an unobstruc- ted view from a manager's station. ! (4) The premises shall be equipped with overhead light- ing fixtures of sufficient intensity to illuminate every place in idtich patrons are permitted access at an illumination of not loss than one (1.0) j footcandle as measured at the floor level. I (5) it shall be the duty of the owners and operator and it shall also be the duty of any agents and ' employees present in the premises to ensure that I the illumination described above is maintained at 1 all times that any patron is present in the 1 premises. (B) A person having a duty as provided in Subsections (1) ( through (5) of Subsection (A) above commits an offense I } he or she knowingly fails to fulfill that duty. Sao. l8C-114 snforoement. (A) Any person violating Section 28C-5 of this article, upon conviction, is punishable by a fine not to exceed Two r Thousand Dollars ($2,000.00). (H) Any person violating a provision of this article other f than Section 28C-5, upon conviction, is punishable by a fine not to exceed live Hundred Dollars ($500.00). Page 11 E E ~ ell' + ♦4rsl ~Y 9 1 r+ + i (C) It in a defense to prosecution under Section 2SC-5 or 28C-7 that the person appearing in a state of nudity did so in a modeling class operateds (1j by a proprietary school licensed by the State of Texast a college, junior college, or university y supported entirely or partly by taxationt )YyN3' (2) by a private college or university which maintains and t operates educational programs in which credits are i transferable to a college, junior college, or univer- sity supported entirely or partly by taxationt or (3) in a structures (A) which has no sign visible from the exterior of ; the structure and no other advertising that i E indicates a nude person is available for viewingt and i (B) where in order to participate in a class a student must enroll at least three days in j edvance of the classt and (C) where no more than one nude model is on the pre- mises at any one time. (D) It is a defense to prosecution under Section 28C-5 that each item of descriptive, printed, film, or video material offered for salo or rental, taken as a whole, contains serious literary, artistic, political, or scientific l value. 1 (a) Each day on which a violation occurs shall be separate and distinct violation. f see. 280-110 Amendment of this Articles j Section 28C-5 of this article may be amended only after compliance with the procedure required to amend a zoning ordinance. E other sections of this article may be amended by vote of the city t council without compliance with the procedure required to amend a zoning ordinance. S sE Trott T. That Section E ("Recreational and Entertainment Uses") of the schedule of uses of article 7 of Appendix B - Zoning r Page 12 I R 1 --7 U11M t r Is amended by adding "Sexually oriented Business" as a now use, to provide as followsi 1 F N 7YPLW1 • ,.M , CLVI,IIYY,ft1 1 1 . 1 . 1 3 W""QWCOVM 0A" CI MAU 00 VOW 1 t t C t S_ZCTIQN IM If any provision, section, sentence, clause or ~ C phrase of this ordinance, or its application to any person or set , of circumstances Is for any reason held to be unconstitutional, void, invalid, or unenforcoable, the validity of the remaining portion of this ordinance or its application, to other persons or i sots of circumstances shall not be affected thereby. It is the intent of the City Council of the City of Denton in adopting this ordinance, that no portion of it or provision or regulation contained in it shall become inoperative or fail by reason of any unconstitutionality or invalidate any other portion, provision or ' t regulations. SECTION Iv. That this ordinance shall become effective lour- 1 teen (14) days from the date of its passage, and the City Secretary 1 is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the F date of its passage. }yb J ' I Page 13 t E r r~ {N Y PASSED AND APPROVED this the day of , 1990. i ! 4` RAY STEPHENS, MAYOR ! ATTEST: JENNIFER WALTERS, CITY SECRETARY y BY7 j APPROVED AS TO LEGAL FORM: j ' DEBRA A. DRAYOVITCH, CITY ATTORNEY ' 2/21/ /draft$ i tr f E Ii k Pcge 14 j pi 1 .r ' Q 08] ttr F, February .1. 1990 Pale 3 ATTACHMENT 4 OPPOSED: none present. Mr. Persaud stated that the staff recommends approval of t-19-009 with conditions (attached). Ms. Brock asked if the signallzation of Cornell and University will be at the developer's expense. Mr. Yersaud said yet. On question, no said that according to hasing, Lot IA can be developed with minor channel work, such as gradin¢ and excavation. That is if Lot lA 3 is marketed separately. The major channeliration work will be done with the rest of trio development. Staff made a contribution to the preparation of this packet and ties included ZS1 front yard landscaping. Twenty-five ptrcent q is feasible, enhancing, and comparable to other developments in the area. It is S1 above ordinance requirements. { Mr. Engelbrecht asked if an intensity bonus was granted i for the park land. Mr. Persaud said no. Ina park was in a low intensity area on the fringe of a moderate node. Not many trips per acre are generated. This development is the least intense, most to ical land use. The 25 foot utility easement in I the bac -up will be unnecessary as a condition because It will be required at the time of the platting. } Ms. Brock asked to what degree a buyer will be held to the concept plan. Mr. Persaud said that the square footage requirement is pretty rigid. The developer might be able to build two stories out would have to amend the concept plan to get an increase in square footage. This would not as necessary 4 for a reduction in square footage. Mr. Robbins stated that If the City Council approves the concept plan, the detailed plan will require Planning and toning Commission approval only unless there is as E amendment to the concept pian. hl Chairperson Brock closed the public hearing. Mr. gasman moved to recommend approval of t-89.009 with conditions as recommended by staff; seconded by Mr. Engelbrecht. Ms. Brock moved to amend trio motion to require a pedestrian bridle y bebuilton the east end with the first Ms. X11ker. phase, seconded Mr, Ksmfan asked If access to the park would be available without the bridge. Ms. Brock replied that it would not be available from that corner. It would have to be from the school or Cordell. Mr. Glasscock said that the proposal to a good use of the land and will put money in the tax roles. Vote on amendment carried unanimously (6.0). i Vote on ortginal motion carried unanimously (6.0). V. Hold a public hearing regarding the Sexually Oriente Business (SOB) Ordinance and consider making a recommendation to the City Council. i r: 4-1 j t i Win jy 4 r0. !I ln4tes ty,, February 26, 1990 7 to r., r Mr. Persaud stated tnat at the January 10, 1990 meeting, the staff informed the Commission that two recent court cases involving SOSs needed to be reviewed. Tne U.S. Su rose Court has ruled tnat licensing s*4emes that are prior restraints must proride safeguards. A prior restraint is the subjection of a protected right to the prior approval of a governmental authority. She first safeguard relating to a specific and reasonable time Erase for a decision to issue or deny a permit had been included at one time in the draft of Denton's ordinance; however, j the second safeguard which relates to prompt judicial review aimed at correcting any erroneous denial of a permit will sake Denton's ordinance cumbersome and costly to enforce. Staff is recoaaending that the per0Ittin requirements bo excluded from the ordinance at this t~me atx n and ecessarytatIn retards future uthe it determined e case which violated the Equal Rights amendment, staff feels that the i gender based distinction of the ordinance is lustlfied and { there is no need to amend the ordinance at this time. That case is being appealed and there is a lot to be determined about the secondary effects of bus with C topless male dancers. Most other - hies do have gender based distinctions in their SOB ordinances. i f Mr. Morris added that the Fort worth case was on a 1 procedural point. The City did not prese.:t evidence to i justify the gender distinction. If necessary, our ordinance can oe amended later. Ms) Brock asked if the ordinance is the same other fi-,, I removal of the licensing requirements. 1 Mr. Persaud stid yes. 1 Dianne tdsondson, 210S Savannah Trail, stated that the Commission has been looking at this issue for over a year. Tney nave acted to protect constitutional rights and regulate secondary effects. If the licensing I j requirement is removed, a degree of control will be removed also. Dallas and Lewisville both have licensing I requirements. A temporary permit may be cumbersome but is necessary. if the City tries to mend the ordinance at a later date, they aay end up having to grandfather certain operators that would otherwise uot be allowed to have a SOB license. She said that she m preclates the fact that staff is trying to keep the City Eros being sued, but the primary reason for the SOD ordinance is to keep the City safe from secondary effects, not frog litigation. Concern has been raised about the deEinteIon of SUN$ as relating to video stores. Most of the video stores in town rant adult movies but do not have SOt of their floor space devoted to this aspect. Lewisville regulates lot and Dallas none at mIt She suggested that trio percentsge be towered because this was not challenged in the Dallas ordinance. Sae also asked about the fines for violations of otdinance. Ms. Brock stated that the reason for the language about principal business is that the Commission was concerned that present businesses which sell some adult material might expand that aspect and argue that they were grandfatpered. The wording about principal business gives the City the opportunity to say that the business was not considered an 506 at the time the ordinance was adopted. Thirty percent was chosen because none of the business approach this level. I 4-2 f I 1 rr. M,iw ~r, to wrt Feoruary 28, 1990 Pale S Mr. Morris stated that the Supreme Court did not address any of the other provisions in the Dallas SUB case. They lot to the licens ng provision, found it unconstitutional and did not address other areas. Ms. Brock said that Mr. Morris provided instruction to the Commission at each step of the process and his work is appreciated. Joyce Poole stated teat she agrees with Ms. tdmondson. She asked if the percentage for principal business could }p be lowered to 15 or 201. Mr. Morris said that Denton's ordinance is modeled after the Dallas ordinance. Dallas has a break off at principal t business which means majority or over Sill. Our llaltation is more severe than that. The Commission discussed at what point a business begins to nave secondary effects and tried to decide what is reasonable. Ms. Brock said that they also looked at whether signs would be visible and there are some other restrictions. Mr. Persoud stated that 101 was discussed at length as a number to quantify when there might start to be secondary effects. Thirty percent provides flexibility for businesses currently operating with small mounts of adult material. It is a good number to start with until the City gets some experience. Location is a major provision of the ordinance and has a $2000 fine for violation. Violation of the other provision is a $S00 fine. Mr. Morris said that that is in accordance with State law. Ms. Kiker moved to recommend approval of the Sexually Oriented Business Ordinance. Seconded by Ms. Brock and unanimously carried (6.0). Vt. Consider a recommendation to the City Council cone ruins the site for and the development of a booster pumplwster storage facility near dartlee field Road and Sherman Drive. Mr. Nelson stated that the tanks will be in-ground, cast-in-place tanks holding 3 million gallons. There will be sound•proofln and landscapin Tne site was adopted by the Public Utilities Board (P5B). No recreational features are planned at this time. If recreational features are desired, that needs to be decided on immediately because it will effect the sin fn of the root. Other cities do have these types of tanks in residential areas. Arlington nas an entire water facility in a residential neighborhood. Some of the tanks are In very nice, expensive neighborhoods. Ms. Kiker asked if alternative sites were considered. jj Mr. Nelson replle.' that they were considered during site selection. Hydrology played a factor as well as availability of the property and the price. This site has appropriate hydrology and good access. Ms. Kiker asked if this proposal is the ultimate build out or it expansion is planned. r 4-3 c .mr,. 1 ~ r.; , { MINUTES Plannfny and Zoning Commission January 10, 1990 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, January 10, 1990, at 5:00 p.m., in the Council Chamber of the Municipal Building. i Present: Jim Engelbrecht, Ivan Glasscock, W111ftm Kamman, Etha Kiker, and Fran Morgan Absent: Euline Brock and Judd Molt r Present from Staff: Frank Robbins, Executive Director for Planning and Development; Owen Post, Urban Planner; Jane Brady, Urban Planner; Marry Persaud, Senior Planner; Cecile Carson, Administrative Analyst; Joe ` Morris, Assistant City Attorney; and Olivia Carson, I Clerk-Typist I. Elect a temporary chair. Mr. Glasscock nominated Mr. Kamman. Seconded by Mr. Engelbrecht. Mr. Kamman was elected temporary chair by acclamation. 11. Consider approval of the minutes of the following meetings: j ti A. September 27, 1989 Ms. Kiker pointed out that Mr. Glasscock had been left out of the list of Commissioners present on i September 27, 1989. Mr. Glasscock moved to approve the minutes of the j September 27, 1989 meeting as amended. Seconded by j II Ms. Morgan and unanimously carried (5-0). 8. November 29, 1989 It was moved by Ms. Kiker, seconded by Ms. Moritm and unanimously carried (6-0) to approve the minutes of the November 29, 1989 meeting. i 111. Consent Agenda It was moved by Mr. 61 uscock, seconded by Mr. Engelbrecht, and unanimously carried (S-01 to approve the consent Agenda as as follows: J Lot Tddiilon,minar1andafinal plats of the John C. Johnson 1Y. Mold a public hearing and consider an ordinance I regulating sexually oriented businesses (SOW. Mr. Persaud stated that it the November 29, 1989 meeting i the Commission wanted further review of the definitions of adult book and video stores. The Commission felt that I the definitions were too narrow and video stores need some flexibility to have some amount of sexually explicit Ih 4 materials. The new definition says that a commercial , ! establishment will only be considered as in 'adult bookstore or adult video storm' it, I. It publicly advertises for sale or rental any material described in Sec. 264-2(A). 2. It devotes more than 701 of tta floor space for the , sale and rental of materials described in See. 4-4 I i i f Piz Minutes January 10, 1990 i r Page 2 i ,may 3. More than 30% of the number of items displayed for / sale or rental are materials described in sec. 28C-2(A). } t The retail value of materials described in Sec. 20C-2(A) exceed 50% of all other materials displayed { for sale or rental. I i Mr. Persaud continued that these standards may need to be amended in a year or two, but from a practical standpoint they should work. +~rn2r Mr. Kanman asked about enforcement. Mr. Persaud replied that if there are complaints, the Code Enforcement Department can demand records and check the amount of materiel. If the store if found to be in $08 it will have to comply with the ordinance. Mr. Engelbrecht said that it needs to be spelt out that if any of the four criteria is not, then a business is f considered to be in $08. Mr. Persaud referred to Section 8 on page 2 which describes when a store will be considered in S08. } Mr. Engeibrecht said that he wants It clear that if a store meets any one of the four criteria, it is in 508. i Mr. Morris said that the words 'one or mare' can be added. Mr. Persaud said that in Section 28C-5 on pipe 1, staff suggests 30 days instead of $0. Some other issues i relating to wording of the ordinance need further research. They are not major issues, just wording changes to make the document legally binding. i Mr. Morris stated that them have only been a few cases whore people have tried to quantify what is a principal i busin.4s, usually courts say 505 or ■ore. A recent case was st..ck down because of ambiguous wording that did not explsf,, what is a principal form of business. There is not a lot of information as to what point stores begin to have secondary effects. It is a legislative judgment 1 criterthe ia regardingnpercentage to dbusineis suggefur sted by staff Is not used by other cities. He continued that the Supreme Court had some problems with the licensing t vrocidure of the Dallas $08 ordinance. Approval from the Chief of Police was required within 30 days, but no time frame was yyivan to the other, departments that had to 1104 off. The Gallas ordinante did not provide for judicial Pavlov of denials, He sold that he will determine whither the Denton ordinance meats judicial review requirements. Also, a Fort Worth Court of Appeals reviewed a $08 case in December. The vlalntiff owned a topless bar. He said that e.e $08 ordinance violated the Texas Equal Rights Amendment because the ordinance only applied to female breasts and not to mole breasts. No distinction or compelling interest in covering only female breasts was shown by the City of Fort Worth. Mr. Kommin asked if evidence is needed of why the City Is I choosing the percentages for principal businesses. j Mr. Morris stated that the Court at may defer to legislative judgment, The perce~ffigo basis his not been done very much. Preponderonce l/ngudfo would be 50%,. 4-5 l I I i~ _T L_ P• P January 10, 194U p ; Page 7 R The baste for the percentage has to have some coamon sense. The Court would pprobably Qive some flexibility. The Commission might wills to use 501 out it could be t debated. (oft) Mr. Engelbrecht stated that secondary effects are brought y about by customers. What is in a store determines what p kind of people are drawn to the business. There should be material available soaewhero about perception. He l' asked if the percentage system would encourage mixed k merchandising of regular and adult materials. F Mr. Morris said that is why there are four criteria. Mr. Enyelbrecht said that there are ways to get around the 301 rule. Mr. Morris said It night not be worth while to try to get around the definition of being adult oriented. Mr. Glasscock asked if retail value refers to the sue value of videos oh the rental intone. Mr. Morris said the sale value. If the criteria were based on Income, the City would have to try to determine what has been sold. f I Mr. Kamman asked about the cost of the permit. Mr1 Robbins said that it is comparable to other titles. M r. Persaud said that following a review of the wording, the CounciliactionwonlFebruaryt6, 990.scTheuordinanceiwould o into effect 14 days later. The moratorium will expire Before that tiee. I Mr. Kamean asked if the City Council extended the moratorium on February 6, would it go into effect immediately or 11 days Inter. Mr. Morris said that he would have to check on it. Diane Edmonson, 110S Savannah Trail, said that it may be unclear to some what goes on in video stores currently. She telephoned or went in person to all the stores In Denton. As a member of the Chamber of Commerce, she ordinanceeontyideonstorerbouinttmlkinaaacwith the stores, she found that one-half otter adult rldeos for rent.' They don't sell such. The stores that she visited personally had triple x corers. All but one had the covers In a separate area. The one had the adult videos in the general movie area. At most of the stores, she had to ask for the adult videos, Five percent of floor 1 area is probably what is now devoted to adult videos, She sold that she does not think there are secondary problems with S1 but if the number allowed is increase to j 301 that will be six times is much as the current amount I and may encourage a larger selection of adult stock. The adult videos provide a small amount to one-fourth of the business currentlyy The stores that did not stock adult videos said that It was their policy mad they did not feel that it hurt their business not to offer them. 4-6 f. 1 • j GAS':... i . it I P42 Minutes January 10, 1990 Page 1 f r Thirty percent of floor area is way out of proportion to what currently exists and the market in Denton. She continued that she is also concerned about advertising, The ordinance talks about signs, but she would like that PON, expanded to include all ublic advertisin , The customers are probably the cause of secon~ary effects, If a business seeks out those type of customers, that is !,Principal form of business. She added that she is also unclear about enforcement, What would happen if there is a violation and how will it be enforced? Will the officers count all the titles and will the ordinance be hard to enforci? A distance requirement from day care centers should also be included in the ordinance. Mr. Kamman asked about the positioning of the adult material, Ms. Edmonson replied that the adult material was either in the back or she had to ask for a catalog. One store had the covers out in the open, One horror video cover was covered. MosT stores did not require memberships to look at the catalog. Some of the back rooms were easily accessible to anyone and she was told that it is often t difficult for the employees to police the area and make f sure that minors are not going into it. i Joe Dodd, 1101 Greenley, said that he is concerned about t references to types of customers. He said that S1 may be thQQ amount of material available now, but that is only bedause of the oppressive atmosphere. Some current hits are graphic. Thirty percent asy be too high a percents e, but it allows a cushion for movies which are not trip fa x but which have explicit material or scenes. I He said that he does not approve of blanket exemptions. He would prefer that stores have to ask for an exemption. The 4 criteria make if difficult for a store to get around the ordinance. He is unsure If the City can legislate an ID requirement, but a picture ID should be required to look at the covers of the adult material. Several stores in town are now in violation of the State display law. People that do not want to look at the covers certainly should not have to and kids should not be able to. Ms. Carson stated that her staff would be doing the enforcement. She is concerned about havin something in i the record so the officers will clearly unferstand how ` floor area is to be measured, who deteraincs the retail E value, how the books will be acquired. wil! officers be able examine the books right away, or will the owners have time to juggle with them, Mr. Morris stated that there will be a narrow range of retail value. Ms. Carson asked if the City woult' be required to do 4 inventory. r Mr. Robbins said that they may have to do an apprat sal value. To determine floor area, the officers will have to figure out whrt is the establishment and it boundaries. Then they can calculate 304 of that. Ms. Carson asked about videos that do not have Iraphic covers. Soma R rated material is explicit and would not be in the adult section. I 4-7 I i F P12 Minutes r January 10, 1990 i Page S Mr. Morris said that the 301 issue will not come up often. There may be occasions when the officers will have to look at movies. Ms. Carson stated that she is concerned about determining the S01 value. v` { Mr. Morris said that the value must be determined independently, not by the owner. Ms. Carson asked if a time frame would be necessary, t There may be some difficulty finding someone to do the the study. Wording may be needed about handling in an * ( expeditious manner. y Mr. Engelbrecht said that the distributor network will have a suitested retail value. As Mr. Dodd pointed out, there 1s little chance of getting round the / criteria. He asked if it is that profitable to operate an adult only video store. f Mr. Dodd said that it could make money but would make f more from having a general interest section in front. Mr. Engelbrecht agreed that he does not think most stores will want to have themselves defined as adult. f Mr. Kamean closed the public hearing. He pointed out that separation from day cares is mentioned on page 10. 1 } Mr. Persaud said that the 301 rule is probably a good amount. If a video store has more than 301 it will have to meet SOD requirements. He asked if the Commission I wanted to add wording about advertising through public mediums. Mr. Morris said there would be a ptiblom with limiting advertising. Mould a business that advertises erotica for rent once a year meet the requirement? A requirement would have to address what advertising contains and how often it is done. The City is trying to alleviate the problem of a stores selling adult material. If a bookstore has antique erotica for sale advertised in a catalog, that would not create a secondary effect. The City would not only have to control advertising but would 1.U determine that the material was befog sold on-promise. The City is trying to control secondary effects and it is difficult to determine at what point advertising would influencer the secondary effects. If a business is doing a substantial amount of advertising of adult material, it will probably meet the the other criteria. Mr. Persaud stated that enforcement issues will have to be worked out and wording may have to be clarified. The 301 space could be compared to other sales or to the display of material. It can be floor area or cubic fk area. Day care centers must be 1000 feet away. There are published sources of movies and costs to determine the 501 value. Staff recommends the Commission make a decision on the ordinance and give staff the opportunity to review the wording. Mr, Engelbrecht said that the ID policy may reed etghtening, Mr. Morris stated that State law prohibits the display of ` adult materials to minors. 4-B I i I r 1 r" P62 Minutes January 10, 1990 Page 6 y ~ P Mr. Engelbrecht said that the law covers the display of materiels so they are kept out of sight, He asked if a minor can ask to see the aateri&I or the catalogs, Mr. Morris said that it is illegal to have minors inside a store if the materiels are displayed. Ms. Morgan stated that the ratio should be changed from floor area to cubic area to cover aaterIits that might be stacked up, The Code Enforcement officers need to be able to ca lculate the ratios, Mr. Robbins said that the loophole about floor area is covered by the amount of materials a store can have, Mr. Engelbrecht said that perceptions come from what is displayed in the front not items in the back. Ms. Carson said that a business may be able to get around f a "retail" area if there is a warehouse in back, Mr. Glasscock stared that the 301 and S01 appear reasonable. ; 1 Mr. Engelbrecht agreed. Ms. Morgan said that the number seems large but may be I okay. i Mrs Engelbrecht stated that from a consumer standpoint, 20% would probably define the business as an adult facility and people would not go there. Mr. Glasscock said that a lot of people won't go if there is more than St. He moved to recommend approval of the ordinance with attention to the mentioned details and witn the change from 60 to SO dayys. Seconded by Mr. Engelbrecht and unahlaously carried (S•0), Mr. Persaud said that the department has received phone calls inquiring about adult video stores, Mr. Robbins said that there will oe five days between the expiration of the moratorium and the effective date of the new ordinance. Mr. Engelbrecht moved to recommend to the City Council that the moratorium be extended until the effective date of the new Sol ordinance, and that the item be scheduled for the earliest available Council meeting. Seconded by Mr. Iamman and unanimously carried (5•0), I MORS SESSION i 1. CIP Schedule f Mr. Robbins presented a draft CIP schedule to the Commission, ii The Commissit.e .timid with the schedule. It. Discussion and consideration of Sign Ordinance issues and i a report to the City Council. Mr. Robbins stated that the Commission is ready to report ~ r to the City Council on issues for a potential sign ordinance amendment. The Commission has indicated they do not want to amend the part about portable signs. ii 4.9 1 1 4b, ,F ai ~J n~~ 1 7 } Y . Pat Minutes , November 29, 1989 Page 5 Motion carridd•unanimously (5-tll. V. Hold a public hearing and consider' an ordinance amending J Appendix B, Zoning, Codot of Ordinances, to regulate Sexually 1 Oriented Businesses. 11 STAFF REPORT: Mr. Persaud revle+ad same of the problems a330cimtsd with Sexually Oriented Susinessse (SOBeI and yy► abatement measures with the Commission. He said that staff could not justify a 2500 foot separation because there ie no evidence that secondary effects of $064 extend that far. + Other ordinances have not had 2500 feet upheld in court. He also reviewed mope of potential sites for Sots within the City. i Me. Kiker asked how the age limits mentioned in ordinancJ were determined. Mr. Persaud said that they were taken from other ordinances. Ms. Kiker said that she would prefer a h!ffier age limit. y Eighteen year odds influence younger teenagers. Mr. Morris said that the age limitation is based on the Dallas ordinance. Mr. Holt said that 18 is the age of emancipation. In criminal, j I law, 11 is considered to be adult, I 11 Me. Brock asked if age limits haw been litigated. 1 Mr. Morris replied that he did not think It was challenged In 111 the Dallas ordinance. Mr. Persaud said that staff was careful to propose an f ordinance which has tested provisions from other ordinances. i Mr. Morris said that a permit will allow establishments to conduct sexually oriented busineeb. It Is a defense to the ordinance to claim that business is not being Conducted. i The Commission discussed the ordinance, Mr. Molt said that he is concerned about the effect of the ordinance on regular video storos, Mr. Robbins said that if you cannot easily tell that a business. Is sexually oriented, it probably is net. j Ms.. (rook said that the public has a perception of what Is an 1 woo Mr. Holt said that enforcement does not have anything to do with public perception, it has to do with what the ordinance i says, Mr. Holt pointed out that the definition of semi-nude on page four should road "pubic region' as opposed to "public. region'. He also questioned the effect of the ordinaries on party strippers, i Chairwoman $rock opened the public hearing. i i i 1 4-10 • j I ' 77F ~~Yr wuw~ J P1(+A^ t Ps2 Minutes November 29, 1969 Page a J . Joe Dodd, ItOT-Ortenlay, stated that he was once half owner . of a video store that at one time had the largest amount of adult videos In Denton. Payless Video had not had adult Y material for over a year, nor has Downtown Video, There needs to be a distinction between 809s and explicit material. Children should not have access to explicit material. When Downtown Video had adult material, an ID was required to enter the room which contained it, Since the recent war on pornography began In Denton County, few stores are carrying it. There are bootleggers in the area however. Bootleggers ur 1j do not care and will sell far worse material than the stores. The bootleggers may have more incentive to promote sleaze. Six video stores have gone out of business because they got rid of their adult material. Other stores are being effected., Mr. Holt asked why they got rid of the material. Mr. Dodd said that it was partially because of public response and partially because of the situation at TKe. It cost a lot of money to challenge an arrest in court, and even winning could financially force someone out of business. He said that he tried to get the owners of the video stores together tc discuss the actuation but was unsuccessful. i Ms. Brock said that she did not understand why the material ii was discontinued if it was profitable. Mr. Dodd said it was because of the threat of arrest. A ~i County Judge has declared Deenthroat obscene. Court battles eat profits. The main thing is the adverse publicity. No one wants their store labeled as an 809. Downtown Video kept their adult material in the back and did not tell anyone about it unless they asked, There was a sign at one time but it was removed. A new sign was put up saying that check In at the desk was required before entering the room. Adult material Vie, 1Vo• costa people twice a. much to rent, Mr. Holt said that oasathroat was ruled obscene in Denton o County even thovgh it has held up in court elsewhere. People are scared of being arrested. That Is why the City ordinance needs to be explicit about whether regular video stores are ' being referred to or not. ,c Mr. Morris pointed out that proaseutlon under State taw hoe nothing to do with the City ordinance, The City is only regulating zoning. It does not tare if material is obscene. The City is concerned with locations and public health, t Mr. Dodd said that most video stores are aware of the to community standard of obscenity. They do not want to lose their front room sales. l,, i Mr, Morrie suggested a provision regarding public display of materials and covers. Diane Ednionson, 2106 Savannah Trait, stated that she t appreciates the 10 months the Commission and staff have spent ! working on r'iis issue. Many citizens feet that SOB* road regulation. She asked Chat if video starts are considered 809s and are grandfathered, will the grandfathering apply to a new owner or to the location. Mr. Morris said that it applies to the activity not the person. Existing busimaises cannot be forced to move, Me, Ednonson asked what If the grandfathtring would apply if the video store wanted tr expand its 609 activity, 4-11 i r yw.~~ rw7w.~ 'J Iptf. ' i ,r r PAZ Minutes November C9, 1999 Page T She said that it is undesirable to grandfather a business in at level A and have it develop into laval Z. She elan asked if it would be s defense to Section 28C-9 to say that the 1 offsnsas were committed without the knowledge of the permittee E1 or employee, Mr. Morris said that the parallel section of the Dallas ordinance was even more loosely worded. SOKU311y related offenses such as rape or lewd conduct are being reforrel to, x This provision was taken from the Houston ordinance. Perhnpo the language could be tightened but he Is re'uctant to choigo what has been upheld in Court. He agreed that the language is unclear. E Ms. Edmonton said that the Commission may wish to consider 21 I as the age limit and asked them not to allow SOBS in general retail zoning, She said that she represent several organizations in Canton. There is enough land available in Canton to hold vo in court. She said that when her daughter was to be married, she wanted to have the wadding taped. While waiting in a video store, she saw a table with a notebook on it and thought it might contain samples, it contained graphic covers and descriptions of vidsoi. The book was out in the open where any child could have access to it. Other video stores had signs telling people to ask for the material at the desk but most of the stores were offering the material, She suggested making a correlation to Screening. Just because there is not a problem now does not moan there will not be one later, She continued that the beeame aware of the effects of adult material to families end children when hiar son rented an adult video. She urged the Commission to keep the ordinance as strong as possible. Mary Morn, 1806 Southridgt, agreed with Me. Edmonton, She said that the ordinance should be enforceable and should be reviewed by police officers to see If it will be practically enforceable. Mr. Morris said that most of it will be enforced by the Building Official. ' Me. Brock said that staff asked the Colic* chief if he agreed with the idea of licensing 6068. He indicated that he did. Chairwoman Brock closed the public hearing. Mr. Molt said that evidence of the effects of video stores is needed. tt appears that the offsets studied are from obvious 802s, The effect of the ordinance of video stores needs to f be examined. He said that In his opinion, most popular books ors trashy and prime-time TV has a horrible affect on children. He doss not want to prevent X-rated video from E being sold for private use. the Commission needs to make a decision about video stores, An exception could be made for video stores where the majority of videos art regular movies that would allow fc• a section of sales and rentals to be of an adult nature, Ms. Brock said that she wants the question about definition of an SOB to be resolved. Timing is critical and the moratorium could expire, Mr. Morris said that the moratorium can be extended. He urged the Commission to take whatever time they need. They can look at examples of what other cities have done with the concept of principal business. It Is difficult to look at revenues and floor space. 4-12 PIZ Minutes r"" November 29, 1989 i Face a r I Ms. Brock said-that the definition of an SOB does not seem to apply to current video and book stores in Denton. They do not advertise and are not perceived as SOB@. s Mr. Engelbrecht said that staff would have to take action if there is a complaint. ! Mr. Robbins suggested eliminating the words "one of from the 1JJ I $OB definition. 1 11 ! Ms. Brock agreed. I } Me. Kiker said that she thinks it is a good point to ° distinguish between SOB and sexually explicit, She agreed with Mr. Holt that a decision needs to be made. Ms. Brock said that explicit material cannot be prohibited and she agreed that regular video stores should be allowed to have it. The stores should have it available only on customer request. i Mr. Morris said that the issue is when the secondary effects become active. Three videos may not create an effect. 80% 1 explicit videos could generate different clientele and tIf effects. The Commission needs to distinguish what cause effects and when It needs regulation. Mr. Holt said that the Commission had not perceived regular video stores as SOBS before the meeting. They were thinking in terms of new businesses. A decision moods to be made about i M video stores and written as clearly as possible. Mr. Morris said that the definition can be adjusted. The ` Commission should think of the secondary effects and work I toward a definition. Certain businesses have adverse effects and that is the purpose of regulation. The Commission is concerned that some businesses may not have secondary effects. ! f He asked at what point a regular video store selling explicit I I material would become undesirable. li Ms. Brock stated that the effects begin when a plots is perceived as a sex shop. Thera is a concern that a video store that is okay now could expand their sexually oriented ! aspect and the expansion would be grandfathered. Mr. Holt said that the Commission wants an exception allowing l the We of adult videos in video stores that predominately r sale more regular, pupular type navies. ! Mr, Morris clarified that some places may indulge on a limited J 1 nature. Ms, Brock said that the places must not have signs advertising that side of the business and that future expansion in the sexual aspect should not be grandfathored. i Mr. Pereaud clarified that the stores can sell explicit r r material on a limited basis provided it does not become an I I advertised principal fore of business, ! Mr. Holt said that is the way he feels but it is not what the proposed ordinance says. According to the ordinance, the bookstores in the Mall could be classified to 0000 as well as any place that 6e116 Playboy. i 4-13 ! 1 i i' PIZ Minutes November 29, 1969 Page 9 i Mr. Morris 'idi'd that generally soft-porn does not qualify. Quantifying can be dons based on revenue and auditing. It can be done based on floor space but that is tricky. There can be problems any which way it is done. Alternatives can be examined. i Ms. Brock said that the issue roads to be looked at again. q Secondary effects usually become evident with advertising. 1 Me. Klksr moved to postpone vote on the $06 ordinance until the first meeting in January. Seconded by Me. Morgan and unanimously carried (0-0). Mo. Kiker loft the meeting. i VI. Discuss the Planning and Zoning Commission's accomplishments for this year and goals for 1990. Mr. Robbins reviewed a list of accomplishments and goals complied by staff with the Commission. Me, Brock sold that the Commission is getting better service from staff than in the past. i t Mr. En9e1brecht said that providing meals for the Commission i should be put on the list of things needed from the City 11 council. Me. Brock agreed that meals are needed at special meetings such as work sessions on the CIP. Mr. Engelbracht clarified that the money should not be taken ` out of the Planning Department's budget. f Mr. Robbins said that next year's budget will be even tighter. Mr. Holt stated that staff does a good job and the Comission i agreed. ' ` Mr. Glasscock said that the City needs to do something about the Solid Waste problem, Mr. Engelbrecht asked about the drainage ordinance. Mr. Robbins explained that it was classified as part of the Subdivision Regulations. VIZ. Director's Report. ` Mr, Robbins stated that money is budgeted for the APA Christmas banquet for Commissioners that would like to attend. He asked if the Commission would like to respond to the letter that is circulating about signs and write the pastors of Denton. The sign issue is not as bad as what people are saying. If the Commission responds, it may encourage a fight. Ths letter is factual except that it does not say that legally existing portable signs can remain in place, i + Me. Brock said that the letter gives the impression that exceptions are possible. The City cannot grant exceptions on the basis of content for this group or another. People need to know the fact and their options. She asked the Commission if they were In favor of responding to the letter. Mr. Holt stated that he doss not favor a response. 4-14 i r ~reeee Ip Y ~ 1 Y 5,,.. Miss ucu X PLANNING AND 261N1G~ •MM2f310N t: The regular mtattal Of the Planiiag and TaslaS CosaISSion of the City of Dalton, texas, was held ca July 26, 1969, at SiUJ Sn the City Council Chambers of the Municipal Building, 215 [Sat Mcktooey. Presents Ruling Stock, Jim Lngelbracht, Ina Glasscock, Judd Z Holt, William Ramses, and Rtha R1mir Abasats Prat Nurses j Present from Staff: Pranx Robbins, txasutiva Director for E Planning gad D4voloplentl Rllsabeth Rvan$, Plasniag i Adsialstratoei Harry Pareaud, Senior Plashed Joe 4tttt. Morrie, Aesistast City Attoraeyl sad Olivia Carson, Clark-Typist ! Cheirwomat Stock called the meeting to order. Mr. tolelbreeat arrived at the meetial. I. Public Hearlaga j A. Hold a public beating aid discuss the regulattos of asxoally orleatad bustaessee. Mi. Perseud reviewed a chart of saeoodary affeeas of actually oriented busiaitees (601s) and possible dbataaeat measured with the Conefesion. Me. Stock stated that the police dapartsent may not wise to to through a lieessial process beaaase of the extra work Involved. She asked It the idea has been discussed with Michael Jet, the Polite Chtef. Mr, Rabbis@ said yle. There ere so SODS Is DSstoo at this time Sad staff dams net fogies that there will be that a my applications. Mi. Jet has to problems with the lieetelsl procedure. Ms. stock maid that Remains would provide a record of the 605e mid would be a valuable ail to dalereamemt of separaslei policies, Mr. Mortis said that lesthat area that to licensed by the city are astablisbastts that mill bass slid wine. He cautfosed that the Dallas orditasee requires liveasiil of 6016 and that etdtaasee is Still attacked in court. NO. Stock asked if there have bass any camas where the llessalnl process was attacked because It was designed to provost bustneso. Mt. Mattis stated that theta have bees hundreds of $01 vales with different fasts for attack. Tae city has tke option of requivisl leparatlou without a ltesaae at can sake the licaase process harelass and espy. Mr. Reason asked If both the *weer and operator would be licensed. Mr. Morris maid that Dallas bag a very detailed baeklroend cheek. Part of the basis of the attack ca their eriieate6 is that se yurpemi is oeevad by pasnatial a cotvleted felon Rena trial bustles. Ms, track said that the City will want to eossldat llmitial hours Of operation, 4-15 , I a Y r Y.r. Morrie stated that the distance limitation mikes it hard to argue that the business will disturb neighbors. The City would have to show a substantial government interest to limit hours. ` Ms. Brock stated that what the City will eventually 1 do will depend on the court decision concerning the f Dallas $OB ordinance. Mr. Robbins sited if the Commission thought it would be logical to screen appli ants. 4 The Commission agreed that screening would be desirable. 1 Mr. Kammin said that the criteria for the screening would have to be Clear. Mr. Robbins said that It would be a records screen for sexually related convictions. Mr. Persaud told that if the operators are criminals, the crime rate would increase. As. Kiser asked how record checks are done. M r. Robbins said that the Police Department would do the wouldchbeecks An for'refusalmoriremovalnofpa license. Nt. 6rock sold that continuous inspections will take { i a lot of police time. There needs to be o way to II recoup the cost. She moved to instruct staff to Continue to examine licensing as a means of abatin9 ` the secondary effects of S06t. Seconded by Mo. Mor and unanimously Carried (6.0). ' Ms. Brock said that staff has already been directed to investigate the distlnu ratio. i agreed oft a minimum oft1000°feet'i0n his previously Mr. Robbins explained that the purpose of harm the ■anaffe s atation not exceed 32 square feet is to obtain a standard site station from which the manager can view the entire interior of tRcbusiness. Insta Aeofroverhead lightinggllxturas ingthelareas to be visited by Patrons. 1 ~ Mr. Robbins explained the difference between a theater and an arcade is that an arcade vlowing room • is less then 150 $quor$'felt. Mr. Morris Concurred that 160 square feet wit the distinction used in the Dallas ordinance to define i square flatnis between regu latlon, ltd Is a detinltIcn. outdo.relighting' ard olntmiringg corners to helpr&bill crime. I 4-16 i 1 i i -T T _ T WOW" r } Hpr. Peraaud said that because of late hours of al though nItodoes oprovidti a dlttoneasafety rpgsct Patrons. The impact of the lighting needs to be examined. 1 Mr. togelbrecht said there should be a minimum level of outdoor 1iphttnp and parking behind buildings should be minimized. r Ms. $rock asked about creating a tottering ordinance tf to keep prostitute, out of perking lots. Mr. Persaud showed the Commission maps of 91 Potential locations for SOIs based on existing zo.snp, Mr. tngelbrecht pointed out that locating so&$ near property that is currently zoned agriculture would ruin potential for later development ot tAe property. J Mr. Persaud a reed that the scenario exists all around the outskirts of town. Mr. Robbins said that in apriculture district could be counted like a residential district. That might main that there would be few if any places for $Oil in town. i~ Mr. Holt said that the question becomes whether i dispersion is worth downgrading the value of property. 1 Mr. Robbins said that If the City moves away from S} is shown an the amost go is inotyviare@ able for b because group of the slack of infra - structure. Mr. Persoud pointed out that having all His in a special purpose activity center would be counter-productive to developing the economic and labor base. i Mr. Robbins said that loston is the onlyy otherr~ City analyzed by staff that did not eboo a dispersion is an eoatement technique, a j Mr. tngelbracht said that concentration has not worked in his observation of military towns. Denton also has a large amount of young People. Mr. SOIi could notfbe to located what woul to hagriculture toning. 1 • dociilonitabout regulations basedranowhatdlandiis available. That is backwards. tf a0riculture land in Denton should be toned reeidenttal, the City j should go ahead and zone it. There f noo reasonable argument for not having $01i near Airleulture toning. Mr. Holt said he believes there is a reasonable argument. When the city annexes land, it Is initially toned agriculture, Mr. Perzaud sold that the potential sites must be Mit toobe donetbefore a diflnlto decisiortiyte made an the separation distance, i~ 4-17 i i I 1 r r Fk r a f r The Commission spread that staff should do more analysis using separation distances of 1000 and 2100 square feet. Mr. Persaud continued that staff does not recommend having $OTheitypesgofobwsinossU service found intthese toning districts would be hurt by SOBS because clients would not go to s dentist located next to sn Sol. Aife people bring their children to these types of buslnossel and they are usually located near i residential neighborhoods, The Commission agreed. Die" Comondson, 2105 Savannah Trait, thanked the Commission for considering an $01 ordinance. She said that if a person has a criminal background, they are more likely to commit additional crimes in businesses that attract crime. Dallas also requires that spouses be Invest( ated because one spouse can be fronting for the activities of the other. Dallas has a variety of offences which and cannot have licenseeto°operateiSOlotrhichrIncludes role a d°crlmes f such is pprostitutlon, drug dealing, and inoecency with chlldron. She urged the Commission to adopt a licensing ropirement that is a stringent as possible. 1 necessary, a section of the ordinance could be removed If a similar part of the Dallas ordinance it overturned. That would be easier than trying to add it later if the part is upheld. An Interior design standard is used to provide that windows be covered. Certain types of advertising should be forbid on outside and signs should not be distasteful such as a sign depicting a nude woman. k Those types of advertising can be raZtreous by distracting drivers. She said that the Sheriff's Department did a pr°aerftation on Sm. They had photographs of the interior of such stores. The 150 ictivltlYf~oetShe° wantr on often to ° describe einod for a booth sexual with a tolevisi°n, dried semen and excrement on the walls , I• and floor, and holes In the will it waist level to that said°thatahealth s tandards should between borcedAand input from law enforcement should be provided. She continued that Dallas does have an outdoor lighting requirement because the mulling rate around mete establishments Is higher, She asked if SM could be limited to Heavy lndustriat toning. Ms. Pack said no. Chairwomen !rock closed the public hearing, She said I~ sign graphs cs that°couldfbe trafficihiiirdo. pes of Mr. Engelbrocht asked if the City could specify the color of the buildings. Mr, Robbins laid that the City would have to have an extraordinary reason. There would have to be distinction between what 11 and what Is not A problem. There are statutos on the books relatin to arnogra Ar but p a wuld ilk/ 9 p to avoid letln into that area 1f pesh slbloa. l l 4-18 4 ate d:a t1 a e 1 1 a y. i July 20, i9JJ • e S Mr. Morris told that there would be legal problems regulating the content of signs. i Ar. Robbins Ititad that there would not be a problem J regulating cleanliness There are ways to address i! the type of sexual activity described in the public hearing. Ms. Brock said that the City might consider restricting viewing of the interior from the outsfde. M/. Edmondson pointed oat that children might walk by and some of the things (Aside the SOBS ought not to be viewed by Mtnors. Mr. Robbins summarized the issues the Commission were concerned about. Concentration would create a bigger problem than dispersion. Nolte, hours, the possibility of in additional closing standard, the viewing of the interior of the establishment by minors, and a lfer►aing procedure were identified is concerns, the licanslhp procedure should check Into sexual offences and indecency with children. Spouses should also be screened. Ms. $rock said that drug dealing should also be Investigated. Mr. Robbins said that these typo of businesses will ~ use a higher rate of service and a h1oher fee ma be hudad. Other areas of concern ideattfled were the f separation policy, potential health problems to be j abated by building standards and continuous in$p c tions, and the ability to revoke licenses for Vi01aLfOR{. , j Ms. Kiker left the room, J It was moved by Me, 611iscock, lecondad by Mr. Kaman r and unanimously carried (5•0) that staff pursue lnresttgation of these issues. 1. Mold a public hearing and consider making a recommendation to the city Council concerning i adoption of Appendix A to the Denton Development Plan. I Chairwomen crock opened the public hearing, 1 Ms. Mar returned to the meeting, 1111 Claiborne, 120 Smokerlse, spoke oA behalf of the Appendix A Task Force (AATF). Me stated that the land use planning Camaittel (LUPC) formed sevaral M e care ego to update the Denton Cewloomeet Guide, Y created the Oenton Development Plan (DOP). Part of the cop was the concept map which deffeed general areas for low, moderate, and hi ph activity centers. After adoption of the DOP, the AATF was created by resolution to delineate the boundaries of all the fiplestALLfen'ofathe CDP$ totreview pand make recommendations re9grainy a standard methodolely for calculating intenslty trip generation, to 9100 immediate priority to areas for which a zoning call has been filed, and to develop a work program to complete its duties within six Months of the resolution, 4-19 ~i t owl FA~ r i A f i Mtnueaf i *so 11, I989 • 6 IV. Consider a dispersion Standard for the proposed sexually oriented business or4ia4nce. 4 Mr. Parsaud stated that when the staff made its r presentation am the the aeeondery effects of sexually i oriented businesses (SODS), two control taehniquas rate t uattooed. they are dispersion. and concentration. Macy ) } cities use dispersion. Do showed time Cosnission nape of ]1 t possible locations in the City for the SODS. Mr. Parseud ! maid that some of the sites ate already developed sad will probably mot be for 101al however, in the long tars they are potential sites. There could also be more than one SOD is some of the areas. E Mr. fnselbrecht said that an 101 located most to as agriculture site would affect any future toning of the site. Mr. Parsaud said that it could offset the agriculture site Iron being zoned single family, but it sight not affect a change to cosaercial social. ! ! Me. Brock asked if potential $OD altos will change a$ coming changes. j Mr. Peesaud said yes. I Mr. logelbterht asked that soot of the potential situ am the nap have access to salor artatials. I Mr. tormaud said yes. The Cossissios suet decide whether you want Sold in heavy cossercial areas or to remote ! at so I. Staff is still looking at the fusibility of $OTS in general retail Santos. there are a lot of potential situ around the airport. Mr. Morris Stated that the question is not the osoust of lead the city has to allow for 1016 sad it should ant be I equated with other types of end uses. Thq City is not t required to stouts that enough lead is available for a particular type of use. The first step is sot to sst how 1 such lead to available for logo. The first step is to make mare sessures need to be taken to prohibit seeendary affects of SPIN. Them look at the available Sites In. ! I Pastas ■nd sea if a distance requirement is sasesaary sad ! how such it should be, Distance shoals not be detatelsad ' based oa available lend but fn as effort to problbte. secondary affects. A, Court world ask if the Cossissfoa determined the sassusas arc needed not whether the land j was available. No. Deoet stated that the erldaaro has chow that thew Is a Seed for a distance requirement between some uses and $ODS. She is iaterastsd is seals bow such the ` distaste requireeast could be. Mr. Morris said that if the CoseiseloS Is Convinasd that 5015 would have negative affects, they need to decide what to do about it. Coe optics is to decide me a I dfstsace raquirasesto the Cessiasios stolid Set the regwireseat fros a sciestifie approach looking At What the 302 Will de is totes of people, traffic, eta. Thee a ! decision tan be soda stout what the distase0 should be, not what cam distaste be Bottom away with. ` mt. perasud said that 8661 eftias use 1000 fast, US purpose of the nap is to decorates whether 1000 fast k would be raasoasble or whether it would eliminate the I possibility of haviss 1014 In Pastoe. 4-20 •1 l ~ 111 A 6~ Hr. Holt Moved that the Commission conclude that secondary effects of $061 are harmful to the community { and in order to control these effects, the Commission feels that dispersion of 1000 feet is the best metho according to cue law. Seconded by Ms. Morlan, d No. Brack said that there is impressive evidence of the harmful effects of SOBS. There was a feature article in the 041142 Times Herald of the migration of prostitutes to the Harry H(nes area when the So$$ dovolaped there. The same thing has been observed in many cities. Hr, persaud said that staff would like to have more evidence that 1000 feet 11 an adequate distance. Mr. Engelbrecht stated that he does not think 1000 foot 111 12 adequate. Children on bikes can move large C distances. 2500 feet might not of enough. i! Mr. Halt moved to amend his motion to determine that 3 dispersion should be at least 1000 feet. Seconded by Mr. Glasscack. i Mr, Holt asked what the distance should be between $Olt. Mr. porsaud replied that staff 1e suggesting 1000 feet. Mr. Holt asked if the City could have different distance requirements between each SOO and between $08s and residential uses. Mr, persaud sold that studio$ Show that in Some cases the harmful effects of SO&$ can extend beyond 1000 foot. Mr. Engeibrecht said that without adequate buffers, development could be hindered by SOU. Mr. distancessro stated toelathe nd Cios.se The C tf of Renton had a requirement that SOBS be at least one Mile from schools because the effects could be worse. Vote on amendment carried (6-0). Veto on original motion approved (6.0). Mr. Robbins said that there is a lot of lend that his not yet boon toned that could have potential for SOIL. Mr, persaud sold a map could be done of areas which could pof2ibly be toned commercial. Mr. Robbins asked if Studies show dffforfng degrees of fi d secondary effects. I Mr, parseud W d yol. Most other cities selected 1000 I{ foot for therr distance requirement, There was discussion an the offcts on offices because of the type not Wantttolegoito a f :ctor0or dentist6fn those gross, did Mr. Robbins asked the Commission if they would want to r otAsrdcf$CBS from office caning based an the studies from The COmmlSelan indicated agreement, 4-21. I' i y I . . . 017 12, 1989 Y raN 10 Mr, tlolt asked if there should bs a distaste ts4uiteealt of iS00 fast between SOIs Seb tau:rhea and sebools. tl th Beat is 100 feet, thee h aibiLStf chesu3aodorlexB se 70 choose sotrtolcantitheira Pc a9arty to SON. roans of Mx, Morris said that SObs Bites {o through the the open estate or festal psopert7 S looking for cost F earket. her Ms. Olaacask said tbat there have obeen ffice sa DaupSleldsloSgea• Dallas of acoxs sexricas Sa sajoe o &to r Diane Ldeoaa. 1105 mrstotiva all S N'd she said for establish ataske 4 laS a a cepsuants wow's groups nand fad_irlduala that are awereed ion4trrouldDDetaaflat toconttol cxlsaa!llthe 3010 in , -luster. task US should he se To. to alto it 1 row far officers and Snspeeto, She also laid onsidac Sign hould Basta betreaa i that to Meld children, the Col" taaeasa E the resident cue asaaangachcols, and Parke. xaa Act eat Mr• Morris stated that the it tlonsag raaulreaeeta alalnst diserlsiletloain weld a nal ufss. 1 tl0 is test ra about dlatristnastoa raQntressets !or 1 eossarefal uaa. Vs. &rack said that Ioatoa Ss the only City she Is ewers 144 of that need the eltaCOT coneepe for Sds• but the {Sst Cost ssion did not totally taSeor theidea, B sosa dsstcable. De studio wag that dleperstea i Mr. 1nNlbsacht stated that tba City of Laatea, sa e on Of tery towns, j t thecco+eatration ssibod4deataot rork1li Mc. Melt acid that the rough areas of torn barges 00totlOt■ Sea attract tourist' Are toMe. talling e saidofthat 'there that dear,las • Ms, idaossoo eked if dlopssato, would earl' property values to decline IS easy areas lostaad of 0146 as SOB cluster- ,,A sst r saeoaaary Me, stock replied that 8 Of offset* would to such sofa S1ite+ae6 Ms. 1410sud Baia thatoltcI andklitaaaarvieestharder to eoaee+esetfoa sakes P be4anse of the ts4atac lepaet. eatscals Me. brook states that dstot+I%ing the aatfeue bikini sad sT Sritktat ceDt f hildtaa sch va is aMist11t. Distances Llissbath Oatratt, 1301 Cordell, tattd that s lady figs Igo spoke to the total toaatand St la rholt uAda:,stagdIas that the sae "a "residentB ►olletss apply to cosssseSBl tests,, a well as "residential. that' usuallybapply 10tpcoteeted Mr. MotIatS on d polfe t classes- 4-22 -N 7 JI T (rF f 7 ~ 11~ IJei • F Y Mr. Persaud said that a landlord could refuse to let a property to a SOB because It would lover the value of the rest of the rental property. Mr. Holt agreed that a landlord could legally refuse to t rent to an SOB. Ms. Brock stated that the purpose of the moratorium is to { allow the city time to study the different issues I l1 involved. She said that she appreciates comments. V. Work Session A. Discuss closing portions of South Locust and Myrtle Streets. Ms. Brock stated that the Commission toured the area earlier in the day. Mr. Clark stated that the Traffic Safety Committee will most August 7, 1019 to discuss the area. Ms. Brock said that the Commission does not want to make a recommendation on the closing until after the j Traffic Safety Committee has consldered the issue. 1 Mr. Engelbrecht said that the traffic count of over 700 was done at aid-day. He asked if there is any way of finding out the reasons for the traffic. Mr. Clark said that the only way is to stop the cars and ask people which is an expensive procedure. , Mr. Glasscock said that most of the traffic goes to the bank ■nd restaurant. while the Commission was there earlier, lots of the traffic went to the bank. Ms. Brock stated that k seems that all of the various alternatives will load up the streets and 1 require lots of expensive Improvements. Mr. Bobbins stated that alternative B In the packet would make the route to circuitous that people would probably choose the larger streets. f Mr. Clark said that there will be short cutters r because Fort Worth Drlve will be continuously growing. + Mr. Bobbins stated that he was referring to alternatives B and C. Alternative 0 Is the ease kind J of thing. Alternative E Is to leave the street open 1 and do nothing. It is a wait sad see option that ♦ leaves the future open. Closing Locust eventually i would be a minor costs however, etting the results from an accident would be sad. Locust Street Is currently s mess. Tne City will have to come up with lots of money to redo It or close the street. Feooie that use the street now want to continue to do to. There will be more people using the street in the future, and they will also want it to star open. Staff had thought that alternative A is the surest way to avoid traffic congestion at the lowest cost to the City. Others have Indicated a need for the street. From a technical standpoint, there is a risk it the street is left open. 4-23 WO~ F f lF ' ~ r P6Z Minutes June 28, 1939 Page 6 put flyers on the doors Ms. Evans said that it is typical to of people that will be affected. Mr. Clark pointed out that trying to track down owners can take a long time and they don't often live on the streets and are unconcerned. Also, the Sunmaunt Corporation has a good reputation and staff is confident in their work. Bolivar Street was narrowed to discourage short cuts. The job was halfway complete when the sidewalk issue came up. III. Discuss the secondary effects of sexually oriented businesses I and regulatory approaches. i Mr. Persaud explained that Jos Morris, Assistant City t Attorney, in his May 28, 1989 memo to the Commission pointed out that the regulation of sexually oriented businesses (SOB) implicates the freedom of speech provisions in the first amendment. Mr. Morris indicated that the Commission may wish to identify the secondary effects of SOBs and also identify that reasonable opportunities exist in the City for such businesses to exist after an ordinance is implemented. Mr. Pc'::.ud said that the staff has completed some research on the jndary effects of SOBs. He reviewed the effects as ::xnerienced by other cities in the nation. Impacts wake made on the health, safety, and general welfare of citizens. Mr. Persaud corrected an error in the 9.:zmary report to the Commission. Page 4, paragraph 1 should read, much higher than many non-sexually oriented businesses can afford. The result is the shutting out of many non-sexually oriented businesses which could survive economically except for the artificial high rents." In the ordinance on page 4, paragraph 2 should read, "Semi-Mude means a state of dress in which clothing covers no more than the genitals, pubic region, and arsolas of the female breast, . . He continued that staff reviewed surveys done by other cities. There was no reason for choosing the particular cities, they were chosen only as cities that have conducted surveys of SOBs. The Los Angeles Police Department reported on crime rates in areas which had SOBs. Hollywood for example, has 99 out of 207 SOBs in the Los Angeles area, accounting for 481 of their SOB*, The Police Department in Los Angeles reported that the crime rate increased by 931 in the Hollywood area compared with a city- wide increase of 261 in the years 1969-1975. 4-24 i i i 'a Pb2 Minutes f / (Z June 28, 1989 b~ Page 7 i He continued that the point 1s that in areas where there are 3 a lot of SOBS, the crime rates are a lot higher. Prostitution arrests increased 3112% in Hollywood over the has been other time compared with 24.5% city-wide rate. well. The Planning adverse effects on property of the American Department in Los Angeles did a survey Institute of Real Estate Appraisers and found that 87.7% felt that the market values of business properties decrease as a result of SOBS. The survey also reported that 67.9% of those professionals felt that business property rent decreased and 72% felt that annual income of btwiness properties decreased as well. In the City of Amarillo, street Crimes increased 2.5 times the average city rate in areas where there were SOBS. Beaumont reported that adult entertainment establishments are the frequent scenes of prostitution and sale of nahcotics. Crime against persons is also eb)va the average, era has per been reports in Phoenix that 40{ more property criers total population resulted in areas where there were hig realrepotted the Ch study ofwere similar situations estaite concentrations f Austin. s. A Similar ~ the City o professionals in Las Vegas showed that 86% felt that business The property values decreased in areas where there were SOBS. similar reports show that residential property value decreased ; even though they were outside 1000 e feet of and S Da. A number , have of cities such as Houston, initiated and established SOB ordinances in order to combat ' the adverse effects of thew businesses. Staff feels that j bar:id on research and the surveys, Denton may not be exempted frog,. the influx and growth of SoBs in this community. Staff has come up with some remedies to ascape these type of impacts, These are included in the ordinance. On May 230 1989, panate Bill 525 further recognized the authority of municipalities and counties to regulate and licence SOSO. Me. Brock asked Mr. Persaud to explain the legislation. Mr. Persaud explained that in the past, SoBs were regulated by case law and police powers of a mvnioipality. The poli,sa powers came from the historic case of Young vi. American Mini- Theaters. The senate bill is giving clear cut authority to municipalities and riented b11 to license usinessesp andanprovidingisa regulate sexually penalty." It was enacted by this legislature on May 230 1984. The legislation is actually making it clearer now to local governments that they have the authority to regulate SOBS than in the past when authority was based on case law. 11 I 4-25 1 i ~JJ E~ a w,~~ l 1 6 1 P&2 Minutes June 28, 1989 Page e Ms. Brock asked if "devoted to a residential use,, in Section II, page 1 of the proposed ordinance refers to an actual use or zoning. She asked lt. it would apply to a vacant lot that was zoned residential. Ms. Evans said that if a lot is zoned for residential use, the ordinance would still apply. If it was zoned for non- residential purposes but was used for residential, it would also apply. That is the reason it is dedicated either by use or by zoning. Mr. Kamman asked where the words defined in section V are used in the ordinance. Ms. Rvans said they are used on page 4, under the heading j Sexually Oriented Business. Mr. Kamman asked if the provision on nude modeling studios would affect the figure drawing classes at the Universities. Mr. Engelbracht said that the classes are not for commercial purposes. I Mr. Kamman pointed out that the students pay tuihion and extra ~I fees to help pay for the models. Mr. Engelbracht said that the City is trying to regulate profit oriented businesses. The Universities are for education. Besides, the Universities are regulated by the { State and the City does not have authority over them. Mr. Engelbracht added that the ordinance would not cover a non- profit sexually oriented business. Ms. Evans agreed that the ordinance would not cover anything that was not done for profit. Mr. Persaud said that in practice, SOB ordinances do not cover university classes. He said that he had not encountered anything regulating them in all the literature on the subject that he has read. Ms. Morgan said that someone could do nude modeling in their home and claim that they were not doing it for profit. Ms. Brock said that businesses in homes are regulated The purpose of the SOB moratorium is to give the city time to study the various issues involved. f 4-26 -cow r t t . rr P&Z Minutes June 28, 1989 Page 9 k IV. Public Hearing j I Chairman Brock opened the public hearing. i JIN FAVO erry Cott, Chairman of the Government Relations Committee of the Chamber of Commerce, said that this is the kind of an ordinance that the City must be careful about because it could be challenged. The City is not sure what happens at the universities and it needs to be looked at during the moratorium period. Also, he pointed out that Mr. Persaud did not mean that it is unimportant which surveys of other cities are studied by Denton. It is a figure of speech. Mr. Persaud has studied many communities and just happened to pick the first one which was Hollywood. The Chamber has bean actively involved in this process and endorses the moratorium and the concept of controlling SOBS by controlling those factors which create heinous secondary effects. The city of Dallas is in the process of enforcing their SOB ordinance. The Chamber has been watching their progress and they have been sending us literature. No. citieso to study. that He informed her that u all how that which studies found similar effects so it was possible to chose cities randomly. All of the evidence points to the same thing and is reliable. ` OPPOSE I None present l Chairman Brock closed the public hearing. I DISCU93i0N ]►HD D.CICr0Ni Mr. Glasscock moved to recommend approval of the moratorium on sexually oriented businesses. Seconded by Ms. Morgan. M type of s. Brock stated that there is an array of evidence that this conformingruses nin Dallas have hadDtheir ~ time Some expire. They are being forced to move so Denton is vulnerable. She said that she believes the commission has followed the correct procedures in order to reach a decision. Motion was called and carried unanimously (5.0). I i, ` 4-27 i I i ~r ~M i~ e P 3 Z Minutes t May 24, 1989 Page b i ka~ Mr. Holt stated that the regulations give guidelines, No permission is needed to paint unless the paint colors are being changed, Mr. Glasscock agreed. He said that the regulations should have been done years ago. The main complainers are apartment owners. He said that he is in favor of the regulations and moved to recommend approval. Seconded by Mr. Kamman and unanimously carried (8-0). f B. Consider making a moratorium on Sexually oriented II Businesses (SO►s), vice-chairman Holt opened the public hearing. STAFF REPORT; Mr. Robbins stated that at the last meeting the Commission recommended considering a moratorium on SOB* while studies are done to determine what type of regulation is needed for this kind of land use. Staff has no recommendation at this time but can j draft an ordinance that would prohibit issuing building permits or certificates of occupancy for a specified time period. Mr. Holt asked how long a moratorium would last. Mr. Robbins suggested that it last until a final ordinance regarding SOes is adopted. The moratorium wi11 be temporary. A permanent ordinance will have to be done at appropriate speed. Mr. Holt asked if the Commission should make a decision on the moratorium at this meeting. Mr. Robbins said that is the direction given to staff at the last meeting. An example of an 908 1s an establishment that has the principle business of selling sexually explicit material. 808e could also be defined in relation to massage parlors or nude modeling. This kind of activity should have a moratorium during the process of determining a permanent ordinance regulating it. Me. Morgan asked if the moratorium would prevent 808s from getting zoning. 4-28 J ~f NCYI+Ir 1 9 M1 4 f i ~ I P d Z Minutes May 24, 1989 Page 7 r { Mr. Robbins explained that it would prohibit SOBS from getting building permits. An SOB could fit in some of the zoning categories but would have to meet building code requirements. A moratorium would give the Commission an opportunity to decide if these type of businesses need to be regulated. Ms. Kiker asked about SOB@ being established in rented properties. Mr. Robbins replied that anytime a building's use Is I changed, or remodeling or structural improvements are done, a building permit is required. Mr. Kamman asked what harm would be done by establishing j a moratorium. Mr. Robbins said that there will be no harm other than the staff time which will be required. Mr. Holt asked if there is a market for 808e in Denton. ' r, Ms. Morgan said that she would not be surprised to find j an $OB coming in to Denton. Mr. Holt agreed that it probably would not hurt to have a moratorium. Mr. Robbins sthat could be too let*. He said that he has ask d the eraff to determine the secondary effects of SOB#. Jerry Cott, Chamber of Commerce, stated that the Chamber , endorsee a moratorium to give the community time to study I secondary effect. They do not want to infringe on any first amendment rights but some studies up north have of 606o. damage be values for as long la length of time as possible. Dianne Edmondson, 2105 Emerson stated that she has talked with people about a moratorium and has not found anyone that is not in favor of regulating 8061. She said that the Supreme Court of New York, which is known as a champion of first amendment rights, has upheld a stringent regulation of BOBS. She is concerned about property valuea, health issues and crime increase, particularly sexual crimes. 4-29 I J i I I I FF t . f P 6 2 Minutes May 24, 1989 Page 8 She also urged for a moratorium to be put in effect as quickly as possible for as long as Possible. Vice-chairman Holt closed the public hearing. DECISION: Mr. Glasscock said that from what is seen on r television and read in newspapers, there is a real need for regulation. He asked how long a time period would be appropriate for a moratorium. i Mr. Morris said that normally six months is considered reasonable. The City cannot gust drag out the process. The moratorium can always be extended, r Mr. Robbins said that staff has placed this issue in high I' priority. J Mr. Glasscock moved to recommend a moratorium on SOBS for j If six months. Seconded by Me. Morgan and unanimously carried (6-0). Iii. elRECroa~s REPORT A. Eagle Point Plat and closing Locust and Myrtle Streets. Mr. Robbins stated that the Commission had recommended j abandonment of South Locust Street before the Eagle Point Final Plat for the Albertson's site is approved. Some issues that came up were leaving W-) road open for the convenience of the nursery as a way to get to I-36, Access needs to be allowed to I-36 for the people that live on Myrtle Street. Staff recommends that there be ! an objective not to make a major road in the area besides Fort Worth Drive. If the City Council feels that this kind of closure is desirable, it will have to be taken a to the Traffic Safety Committee. Mr. Holt said that he is concerned that people will come off Dallas Drive and use Locust as a thoroughfare. i Mr. Glasscock said that he uses the street. Me. Morgan asked why the City would want to close Locust i Street. i Mr. Robbins said that it would close access to Eagle Point on that side, 9-30 i F lot ~ P&Z Minutes j May 10, 1989 j/ Page 20 B. Discuss sexually oriented businesses, their secondary affects, and a process for developing an ordinance to regulate them. Ms. Brock stated that it is important for the Commission to study and discuss regulating sexually oriented businesses (SOB). There are no SOBS in Denton currently so. it is not possible to observe the effects in our own community; however, they need to be investigated. Staff will assist in the investigation. 3 Ms. Carson reported that based on the memo by Joe j Morris and on various court cases, staff has been looking at studies done by other cities and trying to determine what uses, if any should be regulated in Denton. Several cities ~n Texas and many others nation-wide have conducted studies of the secondary effects of SOB. They include affidavits from police officers about crime rates in adult business areas. The information in I Austin indicates the crime rate is greater in areas around SOB. Another affect is on property value. The courts have indicated that information from these studies and appraisers is reliable. Staff can put together a document i summarizing the effects on crime rates and , property values. The Commission may determine that limiting SOBs to certain zoning districts is enough regulation or there may be a need for a , separation distance from other uses or properties. Ms. Brock asked if the courts will allow the t comparison between large and small cities. Mr. Morris stated that the courts have allowed it. It is best to show some relevance. The courts will defer to legislative decision. If ! the Council believes there is a connection, then I there must be a basis for that belief. He 1 advised the Commission to approach the issues as they would any other land use decision - based on facts. The Commission should determine if there really is a problem or potential problem. Ms. Brock asked how in-depth the investigation should be. Mr. Morris said that they should not go through a i few motions just to get an ordinance passed. j They should start with a clean slate, no assumptions, and use the amount of time they feel , j is necessary to make a rational decision. 4-31 y I ,i < 4' PBZ Minutes r May 10, 1989 " Page 21 J Mr. Kamman asked why tnere are no SOBS in Denton r currently. Ms. Carson said that the market appears to be { outside the City of Denton. ! Dianne Edmondson, Chamber of Commerce, Stated r ' that the Chamber encourages the Commission to regulate these type of businesses. The Chamber is concerned that property values would decline by being adjacent to such a business. Wranglers 1 is an adult business just out of Lewisville and J { it has lots of traffic problems. From a business { J~1 standpoint, one cannot help but think that the clientele would create a commercial concern and the study from Austin does indicate an increased crime rate around these types of ousinesses. The Chamber would like to help and be involved in the process. She offered to get volunteers to write letters if necessary. Ms. Brcck stated that she would like to know what kind of traffic and impacts Us has had. ~ i Mr. Cott asked if it would be possible to get a moratorium, put together a committee, and handle this issue in the same manner as the sign ordinance. I Mr. Morris said that the Commission could recommend a moratorium to the City Council. There would also have to be public hearings on the moratorium. Mr. Cott said that there are two theaters downtown that would make likely spots for SOBs. 1 Mr. Robbins suggested that staff go through available documents and relate the issues to I types of regulation such as distance, etc. Staff f can put that together and make a recommendation using information from other cities. It will take some time to do the research. A synopsis j could be prepared in about a month. Mr. Engelbrecht asked if information from 8 to 10 cities will be a sufficient amount. Mr. Morris replied that it is not a matter of just' E having a ni.mber of studies, it is important to have the information needed to make a good land use study. i 4-32 J{ t~ Minutes 10, 1989 Age 22 Ms. Brock said that 8 to 10 should be sufficient. Mr. Engelbrecht stated that it would be 1 appropriate for staff to make a recommendation and synopsis. They can get community support if needed. A committee is not needed because this issue is not as controversial as signs., Mr, Cott said that he suggested the committee because the research may take a long time. Mr. Engelbrecht said that since the City does not have enough information to make a land use decision about SOB at this time, a moratorium is necessary. j • The Commission agreed to consider a moratorium at their next meeting, Mr. Kamman asked if the studies from other cities seem to have a pattern. Mr. Robbins said yes. Ms, Admondson said that the City needs to consider the health aspect. Mr. Robbins said that San Marcos used pictures and testimony as evidence about homosexual activity when considering their SOB ordinance because of the AIDS problem. i Ms. Brock asked if the Commission needed to hear a from experts. Mr. Morris stated that there is no specific requirement about what kind of testimony is needed. The Commission may wish to examine the ` j staff report and then further consider items which they have questions about. J Mr. Glasscock and Mr. Kamman left the meeting. Meeting adjourned at 10:00 due to a lack of quorum.] % 4-33 1i 1 t I I li whr ~ 1i yi 5 T XT H M TM X M.: t CITY i COUNCIL -444++- 11111 i i I ±ti 1 ~ j t j I j I k ro ~ a 4 O °7010 cook' r i F 1 I l 1 ~1 f J r DATEt 04/03/90 CITY COUNCIL REPORT FORMAT TO: Mayor and members of the City Council • i PROM: Lloyd V. Harrell, City Manager SUBJECTS PUBLIC HEARING AND ADOPTION OP AN ORDINANCE AMENDING ARTICLE 17 OF THE APPENDIX B-ZONING OF THE CODE OF ORDINANCES RELATING TO SIGNS. S RECOMMENDATIONS The Planning and Zoning commission recommended approval at its March 7 meeting by a vote of 6-0. SUMMARY: Amendment to Article 17 would permit the Statn Department of Highways and Public Transportation (SDHPT) to certify the sign ordinance. Certification of the sign ordinance would enable the City of Denton to regulate and collect fees for off-premise signs on U. S. Highways 377, 380 and I-35. Attachment 1 is the ordinance j that will amend the existing sign ordinance. Attachment 2 shows the additions as they will atpear in the revised ordinance, Attachment 3 is the existing, unamended ordinance. 'i BACKGROUND: When the comprehensive amendment to Article 17 of the Appendix B-Zoning of the Code of Ordinances was approved in February 19890 the ordinance did not meet State Department of Highways and Public Transportation (SDHPT) certification requirements. The office of the district sign board manager at SDHPT has requested that the proposed amendments be added to the sign ordinance in order to meet certification requirements, I f PROGRAMS, DEPARTMENTS OR GROUPS AFPECTEDt off-premise sign contractors and land owners along TH 35, US 380 and us 377. Planning and Development Department. FISCAL IMPACT: No fiscal impact has been determined at this time. Reap fully submittedt Prepared by: r 14 "P"7 Gve 5) Grl.Y.c Cl Manager Jana Play Urban Planner App ove rank He Robbins AICP Rxecutive Director Planning and Development 2191K 4 Attachment I NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 17 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES RELATING TO SIGNS TO i PROVIDE FOR ANNUAL PERMITS FOR SIGNS FOR WHICH A STATE LICENSE IS REQUIRED: PROVIDING FOR THE REVOCATION OF A CITY SIGN PERMIT FOR WHICH THE STATE LICENSE IS REVOKED: PROVIDING FOR THE TRANSFER OF STATE PERMITS: PROVIDING FOR MINIMUM WIND LOADS FOR SIGNS; PROHIBITING THE USE OF STATE RIGHT-OF-WAY FOR SIGN MAINTENANCES PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR { VIOLATIONS THEREOF: PROVIDING FOR A SEVERAOILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE, i WHEREAS, by Ordinance No. 89-D17, the City Council amended the sign regulations of the City of Denton to regulation of signs located along certain highways provide were r previously regulated by the State: and , i f WHEREAS, further amendments are necessary in order for the City to receive State certification of its sign ordinancet NOW, THEREFORE, I f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS? i SON I. That article 17 A. 2. ("Definitions") of Appendix B-Zoning is amended by adding a now definition to road as follows: UIRUIM A moans the State Department of Highways and Public e Transportation, or its successor agency. ,SECTION II That article 17 A. 6. ("Licensing") ) B - Zoning is amended by adding a new paragraph (atoAr addas followsl (e) The license required by the City is in addition to any license required by State law to be issued by the Department for the ownership of off-promise outdoor advertising signs. SECTION LiI, That numbered paragraphs 5 and 6 of article 17 B. ("Permits"), of Appendix B - Zoning are amended to read as followsl } 5. 2a1At Qa of Fermi Other than permits for wind f device signs and permits for signs issued under a license ` issued by the Department as required by article 4477-9a, Tex. ~ 1-1 i 1 Not"] pib Rev. Civ. Stat., as amended, every permit issued for a sign shall expire by limitation and be null and void after 180 days from the date of the issuance of the permit. Sign permits t issued by the city to a person required to also have a license issued by the Department under article 4477-9a, shall be valid for the location indicated and as designated on the I application for the permit for one year so long as the sign is duly erected and legally maintained, provided that if the State acquires the sign for which the permit was issued or if the sign is removed for any reason, the permit thereupon terminates. 6. Revocation of Permitt Anpeala The Building official is hereby granted the power to revoke any and all sign permits for violation of any provision of this article. Any permit holder wishing to appeal the decision and order of the Building official revoking a sign permit may appeal the same to the Board of Adjustment in accordance with the laws, I ordinances, regulations and procedures governing other matters appealed to the Board. If the Department revokes a license issued by the Department, the City shall, upon notice from the Department, revoke any sign permit issued by the City under that license. i SECTION III. That article 17 B. ('$Permits"), Appendix B - Zoning is amended by adding a new paragraph 7 to read a■ follows: 7. Transfer of State outdoor Adyart sintr cicn Permits. Sign permits issued by the Department or the City for signs licensed under article 4477-9a may be transferred to another party if the proper city application and fee is filed and approved by the City. i l j SECTION IV. That article 17 G. ("Special Provisions") of 3 j Appendix B-Zoning is amended by adding now paragraphs 7 and 8 to 1 read as follows: j ' s 7. Wind Loads. All signs shall be designed and installed to withstand a wind pressure of not less than twenty (20) pounds per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code. r 1 8. Use of State Rioht-of-Way. No person shall cross or park a vehicle on a State right-of-way for the purpose of maintaining a sign adjacent to the right-of-way. 1-2 2 1 s i r' 'r a i y i' j SECTION V. That the provisions of this ordinance are severable and the invalidity of any phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION VI. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated E shall constitute a separate and distinct offense. SON V11, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. 1989. PASSED AND APPROVED this the day of i RAY STEPHENS, MAYOR j I i ATTESTS 31 JENNIFER WALTERS, CITY SECRETARY j BY: i ! APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BYs J 1 i 1-3 3 i 1 t ~ l r Y i e I r t E r jr i • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • O • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Sl G N S . • • • • • • • a • • • • • • • • • • • • • , ♦ a • • • • • • • • • • • • • a • • • • • • • • • • • • • IVDENTONTEXAS~ • • • , • • • • • • a • • • • • ♦a•a••♦♦••• • • • • • • • • • • t. • • • • • a • • ♦ • • • • • . • , • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • a • • • • W • • a • • • • • • , • • • • • • • • • • • • • • • • • • • • • • • • Of • • • • • • • • • • • a•••a• • • a• •f•• f••• • ♦ •fa•a•a••a•a•••••• • • •a•••••a••♦• • • • • • , • • • • • • • a • • • ♦ • • • • • • • • • • • • • • • • • • • a • • ♦ • • • • • • • • ♦ • • • • • • • • • • • , • • • • • • • • ♦ • • a a • • • • • • • • • • • • a • • • • • • • • • k ♦ • • • • • ♦ • • • • • • • • • • a • • • • • • • • • • • • • ♦ •.,.•♦a•.•a,a,a,.,.,.,.,•aa,,aa,•,•••••••••♦••••♦•••♦•♦♦♦♦♦♦♦•♦•• ••a,♦,♦,a,•,•,a,a,,,•,a,♦,•,•,♦♦•,•,♦,•,•,•,•, a006#00000000 00090 it • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • f • • • • • • • • • • • • • • • • • • • • • • • • • g 0 0 71 It t Attachment 2 Curbline means an imaginary line drawn along and parallel i to the outermost part or back of the curb and gutter on either side of a public street; or, if there is no curb and gutter, along and parallel to the outermost portion of the paved street; or, if there is no paved street, along and parallel to the outermost edge of the traveled portion of the street. i To be •dd~d Department means the State Department of Highways and Public Transportation, or its successor agency= Dilapidated or Deteriorated sign means a sign: I (a) Where any portion of the finished material, surface, or message portica of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; (b) Whose elements or the structural support or frame members are visibly bent, broken, dented, or torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support). Effective-U21 means the area enclosed by the smallest imaginary parallelogram which would fully contain all I ! Portionc of the sign when rotated horizontally around the t sign. The effective area shall not include that portion 3 of the supporting structure which is used solely for support o the of sign and which is not an integral art of the sign, such apoles, columns, and cables, but shall include all decorative or ornamental elements and features, borders, trims, or other materials or portion of the sign or supporting structure which is an integral -f part of the sign. (see Appendix Illustration No. 14e and 1 14f). Ground sign means a sign whose principal support is provided by burying, anchoring or otherwise connecting the sign, or supporting structure thereof, to the ground in such a manner as not to be easily or quickly removed or relocated, and which is not a stake sign, portable sign or attached sign. SIGNS/Page 2 ,I 1 1 l~ G k (b) Any person making application for a license shall be issued a license, valid for one year, upon paying the J M applicable fee and passing a written examination testing +11 the applicant's general knowledge of the provisions of this article. The examination shall be administered in accordance with the rules and procedures established by II sat the Building Official. (c) The Building Official may revoke, upon prior written notice to the licensee, any license granted where it is found that the application made was knowingly false or that the licensee, after having determined by the Building Official to have violated any provision of this ordinance, failed to correct the violation within fourteen (14) days after tho date written -trice of the violation was sent to the address of the .,censee, as shown on the license. (d) Any person may appeal a denial, proposed revocation, or revocation of a license to the Board of Adjustment in f accordance with the rules applicable to decisions of the A I Building official, as provided for in Appendix B-Zoning. I f To be Ill The license required by the City is in addition to any II+ license rewired by 6tate lay to be issued by the 1 i "added < Devartnent for the olMgrdgig of off-nre!ise outdoor advertising signs. B. PERMITS 1. Permit Required for Signs. It shall be unlawful for any person to place, locate, erect, construct, reconstruct, I ` alter, maintain, or make use of any sign not exempt from regulation, without having first secured a written permit for 1 such sign from the Building official, except as otherwise provided in this article. 2. Exceptions to Permit Requirement. The following types of signs shall be exempt from the permit requirements of this article: (a) Legally nonconforming signs as defined herein. I (b) Wall signs, legal notices, and building address I numbers. 'I SIGNS/Page 8 2-2 { 1 a O 41 d r 1 (c) State, national, or corporate flags as otherwise specified in this article. (d) Signs painted on glass surfaces of windows or doors. (e) Stake signs. 3. Application Procedure. The application for a sign permit shall be submitted on such forms as the Building official may prescribe and shall be accompanied by such information, drawings and descriptive data as required by the Building official to insure proper regulation of the sign and to insure compliance with this article. 4. Permit Fee. If the plans and specifications for a sign set forth in any application for a permit conform to all of the requirements of this article and any other ordinance applicable thereto, the Building official shall, upon payment of the applicable permit fee, issue the appropriate permit. 5. Duration of Permits. Other than permits for wind To be device signs, and permits for signs issued under a license added < issued by the Department as reguired by article 44477-9a TeL Rev. Civ. State, as amended, every permit issued for a sign shall expire by limitation and be null and void after 180 days from the date of the issuance of the permit. Sign permits issued iby the City to a Rerson required to also -have a license msueby the Department under a_rtiel_e 4477-9a, ahtll b. valid To be for the location indicated and as designated en the . dd e d application for the permit for one year so long as the Biqa is duly erected and leg llX maintained provided that if the state acauires the sign for which the Remit was issued or if the sign is removed for any reason the permit tharewon terminates. i 6. Revocation of Permits Appeals, The Building Official j is hereby granted the power to revoke any and all sign permits for violation of any provision of this article. Any permit holder wishing to appeal the decision and order of the Building official revoking a sign permit,- may appeal the same i to the Board of Adjustment in accordance with the laws, R ordinances, regulations and procedures governing other matters i appealed to the Board. If the Department revokes a license To be issued by the Department, the .++y aball, upon notice from the added ` Department, revoke the sign permit issued by the City under [ that license. , C SIGNS/Page 9 2-3 r' ( f I To be 7 Transfer of State Outdoor Advertising sign Pewits. sign permits issued by the Department or the City for signs added licensed under article 4477-9a may be transferred to another + party if the proper City apvlication and fee is filed and acproved by the City. C. PORTABLE SIGNS 1 1. It shall be unlawful for any person to erect, place, or locate any portable sign on any premise on or after February 21, 1989. 2. Any portable sign lawfully existing upon any premise before February 21, 11.~89, in accordance with the provisions of any prior ordinance, shall be allowed to remain on that premise as a nonconforming portable sign if properly registered and continuously maintained in accordance with the provisions of this article. { 3. A nonconforming portable sign which is properly registered in accordance with this article, shall not: i (a) Be moved to another premise so as to be visible from any public street. (b) If removed from any premise for any reason, be I placed on the same premise so as to be visible from any public street. 4. All lawful nonconforming portable signs shall at all times be securely anchored so as to prevent overturning or unsafe movement, the sufficiency of such anchorage to be determined by the Building Official. i D. REGULATION OF SIGNS BY ZONING DISTRICTS. 1. Residential Districts. The following regulations shall apply to A, SF-7, SF-10, SF-130 SF-16, 2-F0 MF-R, MF-1 and MF-2 zoning districts, as shown on the official zoning district map of the City of Denton, as amended: (a) permitted Tyne. Ground, wall, wind device, and stake signd are permitted in residential districts. Roof, projecting, and off-premise signs are prohibited in residential districts. SIGNS/Page 10 2-4 Y ll r- - T WOOF I~ ; t 1 the setback requirements shall apply. The corporate flag shall have a maximum effective area of fifty (50) square feet and a maximum height of thirty (30) feet, unless it j is located on the same premise where there are one or more flagpoles used to display only a national or state flag. i TO be 7* wind Loads. All signs shall be designees an added < installed to withstand a wind pressure of not less than twenty (201 pounds per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code, To be e. Use of State Right-of-Wev. No person shall arose or added park a vehicle on a State right-of-way for the purpose of maintaining a sign adjacent to the right-of-way. H. NONCONFORMING SIGNS 1. Appligability. The provisions of this article, defining and regulating nonconforming signs, shall control E over any other conflicting provision of Appendix 8-Zoning of 3 the Code of Ordinances. 2. Defined. A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this article applicable thereto, is not a stake sign, ands (a) was in existence and lawfully located and used on the effective date of this article; or (b) was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming thereunder, and has since been in continuous or regular use; or (c) was in existence, located, any' used on the premises at the time it was annexed to the City of Denton and has since been in regular and continuous use. ' SIGNS/Page 20 I 2-5 I14 ~r ! 1 1 I e • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • i • • • • • f • • • • • • i • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • e • • • • • • • • • • • f • • ♦ t • ♦ • • i e • • • e • • • • • • f • • • • • • • • • • • • • o • • • • • • • • • • • • • • • • • • ♦ e e • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • e • • ♦ • • • • • • • • • • • • i • • • • • • • • • • • • • • • • f • i • • ♦ • • • • • • f • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ♦ • • • • • • • • • • • • • • • • • • • f *fees* i N S . . . . . . • . . . e j t • • • • • • f f • • • • • • • • r • • • • • • • • • • f • • • • • • • • • • • • • • • • • • • • • • • • ♦ • • • • • • • • • • ♦ • • • • • e • • • • • • ♦ • • • • t t • • i .1: • • • • • • • • • • • • • • • • • • i • • • • • • • • • N DENTON TEXAS ~R 64040066 96969046609*90946 • • • • • • • • • • • • • f • • • • • • • ♦ • • • ♦ • • • • • • • • • r • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • f • • • • e • • • • • • • • • • e • • r • • • • f • • • • • • • • • • • • • • • • • • • ♦ • • • • • f • f e • r • • • • r • • • • • • • ♦ • • • • • • • • • • • • • • • • • • • • • • • • • 1 i 11 'r i if I_ IN n 1 1 Attachment 3 i } (Article 17 of Appendix 9-2oninq as amended by Ordinance No. a 89-0170 Effective February 210 1989), f v"l ( ARTICLE 17. SIGN REGULATIONS i A. GENERAL PROVISIONS 1. Purpose and Intent, It is the purpose of this article to h regulate the construction, erection, placement, maintenance, use and removal of private signs within the City of V9nton, 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 j burdensome to accomplish the purposes heretofore stated. 2. Definitions. The following words, as used in this article, shall have the meanings respectively ascrib*4 to them, as follows: Abandoned sign means a signs I (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 no legal owner can be found; or (c) which- pertains to a time, event, or purpose which no longer applies. Advarti■ na means to convey information to, seek the attraction: of, or to direct the attention of, the public to any location, event, person, activity, goods, services, or merchandise. Attached Sian means any sign attached to, on or supported by any part of a building (such as a wall, roof, window, canopy, awning, or marquee) which encloses or covers usable space. Wall, roof, and projecting signs shall be considered attached signs. SIGNS/Page 1 i 1 I it 3-1 t i j g: 1 Cur t means an imaginary line drawn along and parallel to the outermost part or back of the curb and gutter on either side of a public streetf or, if there is no curb and gutter, along and parallel to the outermost portion of the paved streetf or, if there is no paved street, along and parallel txs to the outermost edge of the traveled portion of the street. Dilapidated or Deteriorated Sic means a sign: (a) where any portion of the finished material, surface, or 1 massage portion of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; (b) Whose elements or the structural support or frame members , are visibly bent, broken, dented, or torn, twisted leaning, or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support). EffectiMe arcs means the area enclosed by the smallest imaginary parallelogram which would fully contain all portions of the sign when rotated horizontally around the sign. The effective area shall not include that portion of the I supporting structure which is used solely for support of the sign and which is not an integral part of the sign, such as poles, columns, and cables, but shall include all decorative or ornamental elements and features, border, trims, or other E materials or portion of the sign or supporting structure which is an integral part of the sigls. (See Appendix illustration No. 14e and 14f). resound sign means a sign whose by buryin anchoring principal support is provided supporting structure thereofotherwise to the ground iin sa h a manner i as not to be easily or quickly removed or relocated, and which is not a stake sign, portable sign or attached sign. off-Premise sign means any sign advertising a business, activity, goads, products or services not usually located on the premises where the sign is located or which directs persons to any premise other than where the sign is located. { SIGNS/Page 2 3-2 I , 0 R4 A I lid ) pV T 9 On-Praise Sian means any sign advertising the business, person, activity, goods, products or services primarily 1 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, opinion or other noncommercial message shall be considered an on-premise sign. a Portable Sicm means a sign whose principal supporting struc- ture is intended, by design, use, or construction, to be used by resting upon the ground for support and which may be easily moved or relocated for reuse. Portable signs shall include, but not be limited to, signs mounted upon or designed to be } mounted upon a trailer, bench, wheeled carrier or other non- motorized mobile structure with or without wheals, and A-frame and other similar signs, resting or leaning on the ground or other structures, but not permanently attached thereto. Premise means: (a) for any developed property, the area of real property which encompasses all the buildings, structurest appurtenances, and land held under common ownership and devated to a common use, such as a shopping' center; or 1i (b) for undeveloped progeny, the area of real property i designated as a lot on a plat approved in accordance with law and filed with the County Clark's office, or an un- } platted tract of land as conveyed by deed or operation J of law and recorded in the deed records of Denton County, 1 Texas. 1 I Projlctina Sims means any sign which is wholly affixed to or supported by any building wail, and which extends beyond the building wall more then twelve (12) inches. Roof _Siam means any sign wholly erected on, affixed to, constructed on, maintained upon, supported by, or located upon any root of any building. means and includes any surface, fabric, material, or device visible from any public street, which bears or is used to display any letter, word, figure, character, mark, design, picture, illustration, light, insignia, or information for advertising. "On* sign" or "a sign" means any number of signs located on or supported by a single or common supporting structure. SIGNS/Page 3 t 3-3 F stake siM means a sign whose principal supporting structure is so designed or shaped, usually by making one and pointed, y s or forcing I the o as to beitr c tod an used by pushing, pounding, hammering roun placement, removal or relo ation, as to allow quick and easy s means an or other Y Pole, post, cable, foundation, supporting structural materials or fixtures arranged, designed, or used to hold, secure or support a sign, or part thereof, and which is not imprinted or labeled with any pictures, symbols, letters, numbers, or words in excess of one inch in height, nor is internally or decoratively illuminated. Wall scan means any sign wholly affixed to, supported by, or painted upon the wall of any building, and which is not a projecting sign. Mind Device i°n means any flag, banner, pennant, streamer o; s material, with or imilar sign made of cloth, canvas, plastic, or other flexible without a frame that mows or is designed to or move other' freely pin the wind. ~ be exam ins.aot aeaultad The following types of signs shall pt fro the provisions of this articles I (a) Any sign erected or maintained pursuant to and in discharge of any governmental j function or which is required by law, ordinance or governmental regulation. (b) Biilxiv suns. Any sign within or on railway r property and placed or maintained in reference to the operation of such railway. or underground c utilit ( ) communication oritransmission lines. (d) Vehicle signs- signs displayed or used upon vehicles, trailers or aircraft, unless such vehicle, trailer or aircraft on which such sign is displayed is permanently stationed or regularly used at a fixed location to serve the same or similar purpose of a per to ail r orportable sign not affixed to a , aircraft. 6 SIGNS/Page 4 r i 3-4 i I ~IN 6r flTC4Y~ ~iQp( r _ e i ' {e) ,$icns Not Visible From Street. Any sign where no part of such sign is visible from any public street. (f) Holiday or Religious ions. Temporary holiday or religious signs without commercial advertising. (g) Sums on Paraens. Hand hold signs, or signs, symbols or displays on persons or animals. (h) Unused Signs. Signs being manufactured, transported or stored and not being used, in any manner or fora, for purposes of advertising. (i) Plaques. Commemorative plaques of recognized historical societies and organizations. {j) Private Traffic Control. on-premise signs which direct the movement of traffic on private property (such as entrance and exit signs), or warn o% obstacles, overhead clearances, or control parking$ provided that such signs are lees than 10 feet ie effective area, are less than d feet in height, and are not placed' so as to interfere. with the safe I movement of vehicles or pedestrians. (k) Mail Boxes. Newspager . Signs located on mail boxes, newspaper vending machines, and curbside residential newspaper holders which identify the owner and address of the premises or the name of the newspaper sold or subscribed tot provided, that such devices are not placed so as to interfere with the safe movement of pedestrians or vehicular traffic. (1) alms on Outdoor NAchinee Device and IgUipmant. Signs located on, attached to or painted upon machines devices and equipment located or used out- doors which do not generally advertise the business where such machines, devices and equipment are used i or located but do, in regard to such machines, devices or equipment, identify its trademark, trade name or manufactureri give the name or cost of the product or service provided therefromt or give the operating instructions therefor. Such machines, devices and equipment shall include, but not be limited to, coin-operated vending machines, fuek dispensing pump, telephone booths or facilities, automatic teller machines, automotive vacuum cleaners, and other similar self-service outdoor SIGNS/Page 5 1 1 ~ a E y 3-5 1 ry r t -S Y n machines, devices or equipment. 4. Prohibited Si=_s. It shall-be unlawful for any person to erect, construct, maintain, reconstruct, place, locate or make use of any of the following signs for advertising purposes: (a) Signs on Priv&te ProagrtyJjLthout Consent of Owner. Signs located on private property without the consent of the owner of said premises. P (b) Parking and Maneuvering Areas. Signs which are located in or interferes with the use of a required off-street parking space or maneuvering area. E (c) unsafe Signs. Signs which are, or become s deteriorated, dilapidated or in danger of falling or otherwise unsafe. (d) Siang on Public Property. Any ground or attached sign located on, over, or within a public streets sidewalk, alloy, right-of-way, street lamp, utility pole, hydrant, bridge, building or structural traffic or street sign or device or other public property; except for projecting signs in central business districts as specifically permitted in this artiole, markings made on public sidewalks with water-soluble materials as otherwise permitted by the Code of Ordinances, or to wind device signs placed over a public street by or with the consent of the City to advertise annual community events for a temporary period of tins. (o) Coda Compliance. Signs which do not comply with any applicable provision of a building code, electrical code, or other applicable code or ordinance of the City. (f) Trees and Shrug. Signs located on trees and shrubs. (91 Zjption Picture Signs. Signs which employ a stersoptican or motion picture machine. (h) ,guns Ob yring or interfering with Viw. Signs ( 10 tod or illuminated in such a manner as to obscure or otherwise interfere with the effective- noes of an official traffic sign, signal or device, or so as to obstruct or interfere with the view of SIGNS/Page 6 3-6 r r,. a driver of approaching, emerging or intersecting traffic, or so as to prevent any traveler on any street from obtaining a clear view of approaching f vehicles for a distance of 250 feet along the street. (I) a ain Illuminated aims. Signs, illuminated r from within or vithout, and which: (1) are illuminated in such a manner, to such intensity, or not properly shielded, so as to potentially impair or interfere with the vision of I~ any driver of any motor vehicle upon a public streets or (2) have any type of intermittent illumination, including flashing, fading, revolving or blinking J ? lights, or any type of moving, travelling, or 11 4 changing message by means of illumination, excluding temporary Christmas lights and lights used for time and temperature signs. 2nflatabla dgvicu. Signs which are inflatable 1 (j) devices anchored to the ground, a building, or a I structure. ` (k) ja si s. Any portable sign which is not a r j properly registered nonconforming portable sign as I provided for in this article. 5. Administration and Enforcement. The Building Official shall enforce and administer the provisions of this article. The Building official or city Manager may delegate the duties and i powers granted to and imposed upon the Building Official by this article. I` 6 . 1r~Glal~+ I (a) It shall be unlawful for any person to erect, { construct, place, locate, reconstruct, repair, f replace, or service any ground, roof, or projecting sign for compensation without first having obtained a license for such work from the Building Official j as provided herein. The provisions of the section requiring a license for such nhlicanot uapply to an loyse of a person holding nder I this section. 1 r ~ ' SIGNS/page 7 3-7 I r u. 1 i (b) Any person making application for a license shall M be issued a license, valid for one year, upon l paying the applicable fee and passing a written I examination testing the applicattos general knowledge of the provisions of this article. The examination shall be administered in accordance t with the rules and procedures established by the Building official. (c) The Building Official may revoke, upon prior written notice to the licensee, any license granted where it is found that the application made was ro„ knowingly false or that the licensee, after having determined by the Building official to have violated any provision of this ordinance, failed to correct the violation within fourteen (14) days I after the date written notice of the violation was sent to the address of the licensee, as shown on the license. i G (d) Any person may appeal a denial revocation, or revocation of a license to the bboard of Adjustment in accordance with the rules applicable to decisions of the Building official, as provided for in Appendix B-Zonin9. . E { B. PERMITS i 1. Permit Rated for Signs. It shall be unlawful for any i person to place, locate, erect, construct, reconstruct, alter, maintain, or make use of any sign not exempt from regulation, a r without having first secured a written permit for such sign from the Building Official, except as otherwise provided in this article. 2. zmcgotigns tRPar 1 s t Reauirament ~..s. The following types of signs shall be exempt from the permit requirements of this articles (&I.Iwgally nonconforming signs as defined herein. { (b) Nall signs, legal notices, and building address numbers. I~ (c) State, national, or corporate flags as otherwise *pecitled in this article. 1 SIGNS/Page 8 3-8 ` F I 6 r, a (k r. r i (d) Signs painted on glass surfaces of windows or doors. (e) Stake signs. 3. Application Procedure. The application for a sign permit shall be submitted on such forms as the Building official may pre- scribe and shall be accompanied by such information, drawings and descriptive data as required by the Building Official to insure proper regulation of the sign and to insure compliance with this article. 4. Permit Fga. If the plans and specifications for a sign set forth in any application for a permit conform to all of the requirements of this article and any other ordinance applicable thereto, the Building official shall, upon payment of the j applicable permit fee, issue the appropriate permit. 5. Duration of Permits. Other than permits for wind device signs, every permit issued for a sign shall expire by limitatiog and be null and void after 180 days from the date of the issuance { of the permit. } 6. Revocation of Permitt ARpeals. The Building Official is M { hereby granted the power to revoke any and all sign permits for violation of any provision of this article. Any permit holder wishing to appeal the decision and order of the Building official ~ revoking a sign permit, may appeal the same to the Board of Adjustment in accordance with the laws, ordinances, regulations ' and procedures governing other matters appealed to the Board. C. PORTABLE SIGNS' 1. It shall be unlawful for any person to erect, place, or locate any portable sign on any premiss on or after February 21, j L 1989. r r 2. Any portable sign lawfully existing upon any premise before February 21, 1989, in accordance with the provisions of any prior ordinance, shall be allowed to remain on that premise as a nonconforming portable sign if properly registered and continuously maintained in accordance with the provisions of this article. 3. A nonconforming portable sign which is properly registered in accordance with this article, shall not: SIGNS/page 9 ' i 3-9 rwna r' i Y k i (a) Be moved to another premise so as to be visible from any public street. ( (b) If removed from any promise for any reason, beplaced on the same premise so as co be visible from any public street. 4. All lawful nonconforming portable signs shall at all times be securely anchored so as to prevent overturning or unsafe movement, the sufficiency of such anchorage to be determined by the Building Official. ( D. REGULATION OF SIGNS BY ZONING DISTRICTS. 1. Residential Districts. The following regulations shall apply to A, SF-7, SF-10, SF-13, sr-ii, 2-F, MY-R, MF-1 and MF-2 zoning districts, as shown on the official zoning district map of the City of Denton, as amended: c (a) Permitted Tvne. Ground, wall, wind device, and stakf signs are permitted in residential districts. [toot; projecting, and off-premise signs are prohibited in residential districts. ( (b) Effective Arai and Haight. No ground sign shall have a effective area greater than fifty (SO) feet or a greater height than six (6) feet, (c) Setbacks. All ground signs shall maintain a miniaum setback of ten (10) feet from the curbline and any side or rear yard property line, except that any j ground sign my make use of a supporting structure for a ground sign that was lawfully erected on or before February 21, 1989, without regard to the side or rear yard setbacks specified herein, if the sign so placed would not violate any other provision of this article. (d) Number of ro nd Signs. Only one ground sign shall be located on any one premise, except as followss (1) Any promise having frontage on more than one ► arterial or collector street may locate one on-premise ground sign in the defined front yard of each street, provided that neither sign is located within that area that includes the overlapping front yards of both i streets, i SIGNS/Page 10 1 J tl i 3-10 N. i a (2) Any premise which has more than five hundred (500) } feat of public street frontage on an arterial or collector street may make use of one additional sign for each additional five hundred (500) feet of frontage, or fraction thereof, if each additional sign permitted is located more than four hundred (400) feet from another permitted ground sign on the same j premise. (a) Materials for Ground Sian s. All ground signs shall be constructed of stone, concrete, brick, routed wood r planks or beams, or metal, or similar materials. The j face or message portion of the sign may include plastic material if it does not encompass more than 1 80% of the effective area of the sign and the plastic material used is framed by stone, concrete, brick, routed wood planks or beams, or metal, or similar materials. 2. Nonresidential Districts. The following regulations shall apply to signs in any zoning district designated as a P, o; f NS, GR, C, LI or HI district, as shown on the official zoning district sap of the City of Denton, as amendeds (a) Ground, wall, roof, stake, wind device, and f projecting signs are permitted in nonresidential f districts. (b) Effective Area an Height. No i t3 ground or roof sign F shall have an effective aroa greater than sixty (60) F feet and no ground sign shall have a height greater than six (6) feet, except as follows: (1) A ground sign located on a premise which has frontage upon U.S. Interstate Highway 35N, 352, or 39N shall not have an effective area greater than two hundred and fifty (250) square feet or a height greater than forty (40) feet. (2) A ground sign located on a premise which has frontage upon State Highway Loop 286 shall not have an effective area greater than one hundred and fifty (150) square feat or a height greater than thirty (30) feet. i (3) Any premise permitted to have more than one A on-premise ground sign, shall be permitted one ground sign of a maximum height of fifteen (15) feet and an SIGNS/Page 11 3-11 _N -71 i t ~ i effective area of one hundred twenty (120 feet, in lieu of any two permitted ) square ground signs. (c) Setbacks. All ground and projecting maintain a minimum setback of twenty (signs shall the curbline and a minimum setback of (ten (1o) feet f from any side or rear yard property line, except that for around sign may make use of a supporting structure ground sign that was lawfully erected on or before February 21, 1989, without regard to the side and rear yard setbacks specified herein, if the sign so placed would not violate any other provision of this article. I (d) located XzW on Onl one any On* on-promise, except as ground fosign llows=hall be i (1) Any premise which has frontage upon more than one h arterial or collector street, msy locate one on+. premise ground sign in the defined front yard of each s arteriaisl collector that aria that includes neither overlapping front yards of both streets, f (2) Any premise which has more than 500 feet of public street frontage on an arterial or collector street may make use of one additional on-premise ground sign for each additional 500 feet of frontage, or fraction thereof, if each additional sign permitted is located more than four hundred (400) feet from another I permitted ground sign on the same premise. (See ' Appendix Illustration 140). (a) Snaging Reign (1) 9ft-nr sierra No off-premise ground sign shall bet located within 1500 feet of another off- premiso ground sign on the same side of a public street. The measurement shall be between the two points on the curblines which are closest to the respective signs, along and parallel to the curbline, and across any intervening street intersections. 2 turn. Signs over 10 feet in height which are not located on the same premise where there is a residential structure, shall maintain the following setbacks from the boundary of I a residential zoning district or a premise used for SIGNS/Page 12 3-12 /1VHfAi i 4 residential purposes: J Non-illuminated 100 teat internally Illuminated 200 feet Externally Illuminated 500 feat The measurement shall be made in a straight line from the nearest portion of the supporting structure at ground level, to the nearest boundary of a residential zoning district or the property line of an existing residential structure. ! (f) Matltia2s for o.1a 6 s. Al those ground signs located onl a round signs, except frontage upon U.S. Interstate High ay m35N, 35SO 35WO or State Highway Loop 288, shall be constructed of stone, concrete, brick, routed wood planks or beams, or metal, or similar materials. The face or message portion of the sign may include plastic material it it does not encompass more than 801 of the effective area and stone, concr to t brick, strouted wood planks or framed ms$ or metal, or similar materials. _ located in planned development zoning districts shall be contained in the ordinance or concept or detailed plan a roved t~i,strict, except that no off-prom s pp for the S.h~juld the regulations for signs be omitted tom anbordi anceeor concept or detailed plan for the district, the sign regulations that would be applicable to the most restrictive comparable zoning district classification, based upon the land uses permitted therein, as determined by the Executive Director of the Department of Planning and Community Development, shall be applied to the district, or part thereof, for which the regulations were omitted. f 4. The j shall apply to signs in central business zo ing di rict~latioa ' (a) Ground, wall, roof, stake, and projecting i algns are permitted in central business districts. (b) Z fact, rae and Heich No ground or roof sign i shall have an effective area greater than sixty (60) feet and no ground sign shall have a height greater than six (6) feet. SIGNS/page 13 Y e i i , { i r 3-13 I` lWr; 1 yJ J M (c) Bight-of-Way Limitation on Prolactina Sions. No projecting sign shall project or extend into the public right-of-way for_ a distance of more than ten (10) feet or within do (2) feet of the nearest curblins, whichever is more restrictive. No projecting sign, supporting structure, or part AIJ thereof, which extends into the public right-of-way shall occupy any of the space between the ground level and eight (a) feet above said ground level in said right-of-way. E. REGULATION Or ATTACHED SIGNS In addition to any other applicable regulations, the following xequlations shall apply to the type of sign specified in all zoning districts. 1, Roof signu Projegtion. Roof signs, or the supportinq structure thereof, steal! not extend laterally beyond the exterior walls, or upward beyond the highest point of the *roof of thi building on which it is located, to a height, as measured froi ground level to the highest part of the roof, which is greater than specified below as follows; Number o Storias Naxi>tus Height One 551 of bldq. height Two 361 of bldq. height Three to five 301 of bldg. height i six to nine 251 of bldq. height Ten to fifteen 231 of bldg. height { Sixteen or more 40 feet 2. Pr acting S ans. (a) construction. All projecting signs shall be securely attached to the building or structure. E (b) Projection Beyond Root_ A projecting sign shall not be erected on the wall of any building so as to project above the roof or parapet wall, or above the roof level where there is no parapet wall; except, a sign erected at a right angle to the building, which does not extend eighteen inches beyond the wall, may be erected to a height not exceeding two feet above the roof or parapet wail or above the roof level where there is no parapet wall. A sign attached to a corner SIGNS/Page 14 z 3-14 i i f' 1 r N of a building and parallel to the vertical line of such corner, shall be deemed to be erected at a right angle to the building wall. yo (c) 6ize. The total squsre footage of all projecting signs shall not exceed twenty percent (20%) of the wall area on which such signs are located. 3. Sian on common Buildings. When one or more attached signs are located on a building which is divided and contains more than one business or use, the regulation of such attached signs specified herein, as to size and projection, shall apply separately to the part of the exterior walls which contain that E business or use. F. REMOVAL OF UNLAWFUL SIGNS 1. Notice and Order. Any sign which is erected, located, or maintained in violation of this article may be removed by the Building Official as provided herein. The Building official shall deliver or send a written notice and order to the owner of an unlawful sign or the owner of the premise where the unlawful sign is located. A notice and order sent or delivered to the person listed by the City Tax Office or Denton County Appraisal District as the owner of the premiss where the unlawful sign is located shall be presumed to be sufficient. The notice and order shall: (a) Describe the nature of the violation; (b) order the correction of the violation within a time specified, which shall not be less than five (3) j business days of the delivery or mailing of the 1 notice; and (c) Give notice that the Building official may remove and impound the unlawful sign at the owner's expense if the violation is not corrected within the time specified. 2. Remcvall Agpsals. If the person ordered to correct the violation fails to do so within the time specified, the Building official may remove or cause the removal of the unlawful sign; provided, however, that any person aggrieved by said notice or order may file an appeal with the Board of Adjustment in accordance with the provisions applicable for other appeals from decisions of the Building official. In case such appeal is timely filed, the procedures applicable to other appeals shall be SIGNS/page is s E 3-15 € r P followed and the order of the Building Official may be stayed in accordance thereof, pending the final determination of the Board of Adjustment. 3. Impoundment of Signet Redemptiont Disposal. Any sign which is removed by the Building official pursuant to these provisions shall be impounded and transported to, and stored by, the Building official at a location designated for such purpose, Records of where such signs ware located and when removed shall be kept. The Building official shall send a latter to the owner of such sign, it known, or, if not known, to the owner or person in control of the premises where such sign was located, giving notice of such impoundment. The Building official shall hold the sign" in storage for at least thirty (30) days altar notice of impoundment has been mailed. Any portable sign may be redeemed by the owner upon the payment of a fee to the City of Denton of a total of $25.00 for hauling the same to storage, plus $1.00 per day storage lee. Any nonportable sign may be redeemed by the owner upon payment of the cost of removal of and hauling the same to storage, as determined by the Building official, plus $1.00 per day storage lee. Any sign not reclaimed by the owner thereof within thirty (30) days of the mailing of the notice of impoundment may be disposed of in accordance with applicable law. 4. Recovery of Costs. It, upon disposal of an unredeemed nonportable sign, the Building official has not received an amount sufficient to cover the cost of removal and hauling of such removed sign, the Building official shall send notice to the owner of the premises where such sign was located, requesting payment of the removal and hauling costs, less any amount received in dis- posal of such sign. Any such costs remaining unpaid after thirty (30) days from the date of mailing of notice shall become delin- quent and shall bear intorest at ten (lo!) percent per annum. The Building official may cause such unpaid and delinquent amount to be assessed against the premises where such removed sign was located by, filing and perfecting a lien against said premises. The cost levied againse: said premises shall include a $50.00 adwinistration tee. 5. app;al of Cost Imposedt rAyiRd. Any person may contest the reasonableness of the cost for the removal of a sign imposed hereunder by filing an appeal with the Board of Adjustment within twenty (20) days of the mailing of the notice of such costs. The Board of Adjustment may either uphold the cost imposed by the Building official or impose and cause to be levied whatever cost it considers to be reavonable. Storage costs imposed hereunder SIGNS/Page 16 3-16 { a ! i~ 71 r" . shall not be appealable. 6. Summary Removal of Hazarde,» Signs. Notwithstanding any other provision of this article, the Building Official may summarily remove any unlawful sign which, because of its location or condition, clearly constitutes an immediate hazard or danger to the public. Prior `o removing the sign, the Building official shall make a reasonable attempt to locate the owner of the hazardous sign or person responsible for its placement to give written notice of the violation, the action necessary to correct the violation, and the time period in which the correction must be made. The notice shall be delivered to the owner of the sign, the owner of the premise, or the person responsible for the signs placement, if located; otherwise, the notice shall be affixed to ` the sign or other prominent place on the premise likely to come to the attention of the owner of the sign or premise. Thereafter, the Building Official may remove the sign if no corrective action is taken in the time specified. G. SPECIAL PROVISIONS 1. Manner of Measurement. (a) fig. To apply the setback provision of this article for signs at any one point, the following 1 measuring procedure shall be used; (1) Draw an imaginary vertical line extending upward from the closest point on the curbline of the public street to which the premise has accent (Y) Beginning at any point on the vertical line, draw an imaginary horizontal line peipendicular to the vertical line and curb line and extending toward the premises; (7) Beginning at the point where the vertical line intersects the horizontal line, measure along the horizontal line for the required setback. (See Appendix illustration 14a) (b) H&Lg L, To apply ' to applicable height limitations of this article at at., one point for signs, or supporting structures thereof, which are not roof signs, the following measuring procedure shall be used; { s 4 SIGNS/Page 17 hi i qq 3-17 { s I 5 (1) Draw an imaginary vertical line extending upward from the nearest curb line of the public street fronting the premi.gest (2) Beginning at the surface level of the curb line, measure along the vertical line to a point which is the maximum allowed height for a part icular sign or ;PsIC supporting stivcturer I (3) From that point draw an imaginary horizontal lint M perpendicular to the vertical line towards the } premises! 4 (4) This extended horizontal line gives the maximum j height allowed at that location for a particular sign f or supporting structure. (Ste Appendix Illustration 14b). (o) Effective Area. In determining the effective area of a sign where more than one sign is located or affixed to a single supporting structure, all signs located there on or affixed thereto shall be included and measured together as though they wore one sign. 2. Abandpned Siang. The owner of the premise on which there is located any abandoned sign shalla (a) It it is a portable sign, remove the sign within thirty days of the date it becomes abandoned so that it is not visible from any public right-of-way. (b) If the sign is a ground or attached sign, either remove the sign and supporting structure so as not to be visible from any public right-of-way, or paint out, cover, or remove the face or message portion of the sign so as to leave the sign and supporting structure neat and unobtrusive in appearance, within ninety days of tho date it becomes abandoned. t 3. Cie~rsnca from electrical Lines, All signs shall be l located a minimum distance o[ six {b) feet, measured horizontally, and eight (0) feet, measured vertically, from any overhead i electrical conductors which are energized in excess of seven hundred and fifty (750) volts. The term "overhead conductors" means any electrical line, either bare or insulated, installed above the ground. SIGNS/Page 18 f 3-18 I r" M t , f 4. stake Sians, r I` (a) No stake sign shall be larger than thirty two (32) I } square feet in effective area. (b) No stake sign shall be located within any public street median or within ten (10) feet of any curbline. (c) Any stake sign advertising the sale or lease of real estate, a garage sale, a candidate or issue to be J voted upon at an election, or other temporary event or happening, shall be removed by the owner of the premise if placed thereon by the owner; or if placed thereon by other than the owner, b¢ the person responsible for the placement of the sivn, within ten (10) days after the date of the occurrence of the event advertised. (d) No more than one off-premise stake sig:i advertising the sale or lease of one piece of real property or one real estate subdivision or development shall be placed on any one premise. 5. Sian Maintenance. It shall be unlawful for any person to erect, locate, or maintain any dilapidated or deteriorated sign. 6. 14ind QUIca SialL No person shall display one or more wind device signs on any one premise without first applying for and receiving a permit as requirad by this article. Permits shall be valid for thirty (30) consecutive days. No more then three (3) permits for any one premise shall be issued in any one calendar year. The provisions of this section shall not apply to the followings (a) State ar National Plaaa, Two (2) ground signs used to display only a national or state flag on any one premise, for which the number, spacing, height, size, and permit requirements applicable to ground signs shall not apply, but to which the setback requirements shall apply. i (b) Coroorata Maas. one (1) ground sign used to display only a registered corporate logo flag on any business premise owned or controlled by the corporation, for which the number, spacinq, and permit requirements applicable to ground signs shall not apply, but to SIGNS/Page 14 l 1 d 3-14 i 1 I Ma'L r! which the setback requirements shall apply. The corporate flag shall have a maximum effective area of fifty (50) square feet and a maximum height of thirty (10) feet, unless it is located on the same premise where there are one or more flagpoles used to display k only a national or state flag. H. NONCONFORMING SIGNS f ( 1. AnnIlcifl2ility. The provisions of this article, defining p and regulating nonconforming signs, shall control over any other conflicting provision of Appendix 8-Zoning of the Cade of Ordinances. 2. Defined. A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all r or part of the provisions of this article applicable thereto, is j not a stake align, ands 3 (a) was in existence and lawfully located and used on thi effective date of this artiolet or (b) was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming thereunder, and has since been in t continuous or regular user or j (c) was in existence, located, and used an the premises at the time it was annexed to the City of Denton and has since been in regular and continuous use. j 3' On or after June It 19690 it shall be unlawful for any person to maintain any portable sign on any premise without having a valid registration tag affixed thereto as required herein. (a) AmI Ation for Ragistration. To register a nonconforming portable sign, application shall be made to the' building official, on forms provided for that t purpose. The application shall be accompanied by the payment of the applicable fee and shall contain the I name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other information reasonably required by the Building i official. { SIGNS/Page 20 1 i j 3-20 i r ~ fr\r■ ~'d 1.: l1~'n.Iy i l A■■`y ~I I T r ~ r 4 (b) Issuance o! ReoistratLon Tac. If the Building Official determines that the portable sign is a lawfully nonconforming portable sign, he shall issue ! a registration tag to the applicant. The owner of the sign shall cause the tag to be affixed in a conspicuous place to the corresponding portable sign registered. (c) Removed or gestgoved Signs. Any owner who removes or causes the removal of any validly registered noncon- forming portable sign from any premise shall, within five (5) business days of its removal, report the removal to the Building Official. E (d) Invalidati n of Racistratior. The Building Official f shalk invalidate any registration tag for, a noncon- forming portable sign whent (1) It is removed from the premises for any reason. e (2) It has been damaged or destroyed so as to lose As nonconforming status as provided in this artiolet• i (3) It has become an abandoned sign. I~ 4. Preaumntion. Any sign which does not conform to the regulations of this article and is not properly registered as a I~ legally nonconforming, sign as provided for herein, shall be presumed not to be a legally nonconforming signs provided, however, that the owner of any sign that is determined not to comply with the provisions of the article, may, at any time, present evidence to the Building official that the sign is a legally nonconlormir8t1q sigqnn, and the Building Official shall, if satisfied that the iqn is a legally nonconforming sign based on the evidence presented, allow the sign to be registered as a legally nonconforming sign. 5. postruntiont Repair. (a) Any nonconforming sign, including its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent (60%) of the repro- duction cost of a new sign, including is supporting structure, which is substantially the same or similar ~h SIGNS/Page 21 0 1 i i r 3- 21 , ii 1 c s to the nonconforming sign destroyed, dama dilapidated or deteriorated, gad, (b) The Building official may, whenever he deems necaaeary to reasonably determine the applicability of the tora- goi:~g provision, require the owner of said nonconforming s1,gn to submit two or more independent estimates from established sign companies of the coat of replacing, repairing or renovating, in whole or in ws~ part, the existing nonconforming sign and two or more ofindtehpeendent reproduction estimates cost o of established a nowign,sign companies supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. (c) No sign or supporting structure which is lawfully reproduced, repaired, or renovated as a nonconforming sign shall be increased in effective area or height.. 6. Relocation of Nonconrone~ • other provision of this article, ary sign which tl;taandla9slly existing nonconforming sign hereunder may be relocated on the same lot or tract of land, if the sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain. such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this article. 7 ~~IIE_IACLted on Ncnconnc ~ Whers, on the effective date of this ordinance, a le ~ i which is a legally nonconforming use ofthaspraIsedand such sign is used in regard thereto, the sign may be used and maintained I . suchepromisenishcontinually use no as a lawful none nformingluse.as I i r I, SPECIAL EXCEPTIONS ALLOWED 1. The the prov sionsof this Adjustmenrticletfomay then setba korlheighttofnafrom nonporte.ble sign under the following circumstances: (a) Yisibility obe MLCj , when fifty percent (504) or more of the affective area of such sign as located or to be located in accordance with the setback or height SIGNS/Page 22 f i i 3-22 xe wq If[■el ~ ~ R f r F t f; fi requirements of this article cannot or would not be visible from at least one "visibility point" because of the location of a building or structure constructed or erected prior to the effective date of this ordinance. For the purposes of this provision, "visibility point" shall moan the viewing locations, at a height of six feet above the general surface level, determined by extending the required side yard setback lines of the promise on which such sign is located or to be located so as to intersect the curb line of the public street fronting said promises then measuring from said inter- sect!on points along this curb line in the direction of the nearest side lot line of said lot for a distance of one hundred feet. If the street fronting said promise allows traffic flow in only one direction, the visibility point located along the curb line in the direction from which traffic approachas said premise shall bs used to determine the visibility recpAroment herein, (See Appendix Illustration No, 14d.) (b) Medical Lmarge_gy, Siams, When a sign located on the premise of an emergency medical treatment facility would not, because of the setback or height requirements of this article, be readily visible from adjacent public streets. For purposes of this provision, "Emergency Medical Treatment facility" shall mean any hospital, clinio or other facility where medical aid is offered to a person or animal who suffers an injury or illness which requires immediate medical attention. 2. In granting special exceptions allowed herein, the board of Adjustment shall specify, by written order, the particular setback or the particular height that will be allowed and in doing so shall not allow deviation from the provisions of this article beyond what is minimally necessary to remedy the situation allowing for said special exception. . J, HISTORICAL LANDMARK SIGHS The provisions of this article shall not apply insofar as they conflict with any provision applicable to a sign designated as a historical landmark pursuant to the provisions of article 28A of Appendix B-Zoninq of the Code of Ordinances of the City of Denton, Texas. SIGNS/Page 23 i E 3-'13 l1LNI I I' 4 ~ R ' c •1 ~ w•~.•r r rr..~ ~ 1 N 30 O I Iq ~ •~O y i GIT AOK LIN• 1 , r 3-24 cT a , a t !1 J I Z 3-25 4 r t a Q vc T P 00 ° ~ m N + m I k a a s N • r M • 0 0 I ~ g w ~ 1 ` s s s' ! i s s e j r i re r ~e ■ r w ' low w • p ~ V ' 11 .y I I STREET FRONTAGE 3-26 1 "amp , i L f A or r r , i r I~ w d A C r r t. ~ r ac ~ 3_21 } J I h A ~erw?r 7 \ A M 1 1 4 1 Vol al ; t 1 3-28 rv.,n ii r tl r S f ~ f { p My H ~ MOT A 30 i 31b 1 y II f k . i 1 f f 3-29 Mrn~ i ry . J MINUTES r Planning and Zoning Commission r March 7, 1990 A special called meeting of the Planning and Zoning Commission of theCity of Denton, Texas was veld on Wednesday, March T, 1990, at S:00 p.m., in the Council Chamber of the Municipal Building. Present: fullne Brock, Jim Engelbrecht, Ivan Glasscock, William Ksmman, Etha Kiker, and Fran Morgan Absent: Judd Molt Present frog Staff: Frank Robbins, Executive Director for Planning and Development; Jane Brady, Urban Planner, Elisabeth Evans, Planning Administrator; Joe Morris, } Assistant Cl[y Attorney; Donna Baker, Secretary; Paul Lehrer, Planning Technician; and Ullvia Carson, Clerk- Typist Chairperson track called the meeting to order. 1. Consider aroval of the minutes of the regular meetings of February 2pppf, 1990 and February 28, 1990. It was moved by Ms. Brock, seconded by Ms. Morgan and unanimously carried (6-D) to approve the minutes of the i February 21, 1990 meeting. j Ms. Xiker moved to approve the minutes of the February 28 1990 meeting, Seconded by Ms. Brock and unanimously carried j p (6-0). Q it It. Zoning OrdinancearArtlcie 17nsSign Regulatlonaptodmeet,State Department of Fublle hlghwaya' requirements for certification. that t prepare yla21 nguage iamendments to the Sign Ordinance that would allow for certification of the sign ordinance by the State Department of Highways and PueItc Transportation. The certification will enable the City to regulate off-premise signs on U.S. 377, U.S. 380 and Coulssion.BrThe fouremaintpphofntsnaregthati2)npermits fthe SDHPT reufated signs will be revoked If a State issued license is revoked, 2) wind load requirements have been added, 3) addition of Ian uare prohlbitin the use of State { rl ht-of-way for nsintafntnt signs, and 4) provisions j $I owing for the transfer of State outdoor advertising sign permits. She clarified all slgn perrfts shall esplre after 190 days except those Issued under a license by the State Deportment which expire yearly and oust be repermitted. Mr. Morris questioned the wording of the section on the transfer of State outdoor advertising sign permits. Staff agreed to clarify the language prior to City Council approval. A The Commission discussed the revisions. Noone was present to speak on the issue and Chairperson Brock closed the { public hearing, I Mr. Kaman stated tnat since these changes are what it will f take to obtain State certification, he moved to recommend I approval of the revisions. Seconded by Mr. Glasscock. } Ms. Brock reminded that slijht changes need to be made on ' the adefnlstrstlon of trans ere, Motion carried unanimously (6.0). } I l , 1 1 i i ~~4eJ 4iJ1Ety 1f■*■{ ' it I~ f Niril~ 1 t ~ 4 CITY Lill= COUNCIL f OR., ° s~ po ~ fop 1 '~Q~ a~OCOC:GO~ 1 I j , A I I qy 7] Y 1 r 2651L-1/3689 I f NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT vdc. FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THIS 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, e(luip- went, supplies or services in accordance with the procedures of p state law a-id City ordinances; and I WHEREAS, the City Manager or a designated employee has 1 reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and 9 WHEREAS, the City Council has provided in the City Budget for the appropriation o£ funds to he used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, TIIEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECTION 1. That the numbered items in the following numbered } bids o-i'r materials, equipment, supplies, or services, shown in Lite } "Bid Proposals" on file in the Oiiice of the City's'Purchasing Agent filed according to the bid number assigned thereto, are hereby accepted and approved as being the lowest responsible bids f for such items: BID ITEM NUMBER 140. VENDOR AM001IT 1082 fe 11AU5;'BUCK-MI). srrnmpN,p _ _ $r11fl,~.4D.00... f 1083 1 c, G TRACTOR 1--55,306,00- 1083 2 COLLIN COUNTY FORD $ 42.797.00 _ 1083 3 AIS CONTINENTAL 45,814.00 I 1084 ALL CASE POWER AND EOUIPMEN'l' - $ 808".QJQ0_ 1087 -12 WI:SCO (SEE ATTh9JEE 3_LIfiT) _ SEE 13=UW LIST _ 1088 ALL CONSOLIDATED TRAFFIC CONTROL 8 Z2S.Z A& i a Nnti.. E ~tryar r... , I 8 a a SECTION 11. That by the acceptance and approval of the above rumbere terns of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance withthe t' specifications a in o the Bid standards lnvitaGionsiBid t and for the specified sums co , Proposals, and related documents. I SECTION 111. That should the City and persons submitting approve an accepted items and of the submitted bids wieh to f enter into a formal. written agreement as a result of the acceptance, approval, and awarding of the bids, the City A nnager. i or his designated representative is hereby authorized execute the written contract which shall be attached hereto; provided the written contract is in accordance with the termsI onditions, specifications, standards, quantities and spe l documents herein approved and in the Bid Proposal and related bid I ~ accepted. ~ h SECTION IV. That by the acceptance and appproval of the above numbered tem© of the submitted bids the City Council hereby too ant w and in authorizes the expenditure of funds therefor in the urs accordance with the approved bids or p contract made pursuant thereto as authorized herein. SECTION V. That thin ordinance shall become eiiective immeUrately upon its passage and approval. PASSED AND AYPRUVED this day of 1990. R7~Y-S7'E`FIIT;Z~; f37CYi'iA i ATTEST. F ~1sN[ IY Eli , Th S a C` IT APPROVED AS TO LEGAL FORK; DEBRA ADAMI DRAYOVITca CITY ATTORNhY i { 1 J BY: S 1 PAGE TWO y I 71 9 DATEC APRIL 3, 1990 t f CITY COUNCIL REPORT TO$ Mayor and Members of the City Council t r FROM: Lloyd V. Harrell, City Manager a a SUBJECTS BID# 1082 - SEWER VACUUM TRUCK { RECOM211;NDATIONr We recommend this bid be awarded to the lowest bidder meet ng specification, Davis Truck and Equipment, in the amount of $116,515.00, plus $2,435.00 for the optional automatic level and hose rewind. Total recommended bid award $118,950.00. P SUMMARYi This bid is for the purchase of a sewer cleaner unit with high pressure hose and vacuum. The unit is truck mounted i and utilized in the maintenance of sanitary sewer and storm sewer collection lines. This Is a Motor Pool replacement of a smaller unit with high pressure cleaning capabilities only. The lower price offered by Davis Truck #2 is for GMC that is I rated at 34,000 lb GVW. This unit requires a 39,000 GVW truck. II The main difference being, the capacity of the front axle. The GMC has a 12,000 lb axle, we require a 16,000 lb front axle. BACKGROUNDt Tabulation Sheet, Memorandum dated March 23, 1990. PROGRAMS DEPARTMENT OR GROUPS AFFECTEDi Water and Sewer Field Serv -IC-es and Motor Pool Fleet Operat ons. FISCAL IMPACT: This unit will be funded from Certificates of 0 1 gation funds set aside for Motor Pool Replacement, Arcount #720-004-0020-8707. Respectfully aubmittedi Ifs Lloyd V. Harrell Preared b City Manager j Namet Tom D. Shaw, C.P.M. ! Titles Purchasing Agent Approved Na i Tom D, Shaw, C.P.M. Titles Purchasing Agent 027.DOC Y i ` yr I ~e O w m H - - - - - - - - - - - - - - - - - - - H ~ y trN~ ~ Vf H a O k1 N M \ yr, H ~ ~ H f, VI r wy1 y y p M O F+ 4 z p a A athz y p ~ ~ co fW O K 1 r C4 ko ti V} % ~~yf f~ ~D ~Cq V N • ~ ;f ~ y ' O O O O O O p H w ni ~ ~ b ~ f O O p O p p O O - z hq 1J ~ 030 w N ' d O X1 0~ zx ~i P k °o ~J o ~ C7 ;1 to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Ile- -F yr rp. } wn~ ~ t ~ 11: 58 ' M 1 CITY of DLNTON, rff"# VEHICLE MAINTENANCE ! 804 TEXAS ST. / DENTON, TX 76201 / {817)5868430 M E M O R A N D U M TOi Tom Shaw, Purchasing Agent ? FROMs Jack Jarvis, Fleet Superintendent DATE; March 23, 1990 SUBJECT; BID NUMBER 1082 SEWER VACUUM TRUCK I Bid received from Davis Truck and Equipment includes the water reclamation system at, a total cost of $116,515.00. Bid received from Naylor Supply was at a cost of $114,986,00 f with an add-on of $10,580.00 for the water reclamation system. Total cost would be 1125,566.00. Since we are current~y using a Camel on a Ford cab/chassis and r have had very little complaints on this unit, I submit the following recommendation. 0 Bid Item !1 and !2. SEWER VACUUM TRUCK Award tot Davis Truck and Equipment 1 P. 0. Box 33 Clifton, Texas 16634 at a cost of $116,515.00 " which is low bid meeting our specifications. Camel 200M Ford LN-8000 I recommend we pick up Option OXIV A. Roller tensioning to p automatically level and wind sewer t.ose. This option would add $2,435.00 to the $116,51.5.00; bringing the total price to $118,950.00. I ` Respectfully submitted, 11 I c Jarvis i JJ/bp XCs Robert E. Nelson S Bill Brown 1 DATEt APRIL 3, 1990 i CITY COUNCIL REPORT z T0: Mayor and Members of the City Council .a t FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 1083 - LOADER BACKHOE } RECOMMENDATION: We recommend this bid be awarded to the lowest bi dyer meeting specification for each Item as listed$ TOTAL Item 1 G6G Tractor $27,653.00 ea. $55,306,00 Item 2 Collin County Ford $42,797.00 ea. $42,797.00 Item 3 AIS Continental $45,814.00 ea. $45,814.00 $143,917.00 SUMMARY: This bid is for the purchase of loader backhoes for the Street Department and Water/Sewer Field Services. These units are Motor Pool replacements for loader backhoes no longer economical to maintain. Two 55-horsepower machines are for the Street Department and two 90=horsepower machines, one with extend-a-hoe, and one without, are for the Water/Sewer Field Services. The extend-a-hoe option allows digging to depth of 21-feet. A.I.S Continental and Mahanay International tied on this C Item. As per State Law, lots were drawn and A.I.S. 91 Continental was selected. I BACKGROUND: Tabulation Sheet I PROGRAMS DEPARTMENT OR GROT?PS AFFECTED: Street Department, Water Sewer F e13 Serv ces, an Motor Pool. a 7 it t f G~ ~ City Council Agenda I April 3, 1990 Bid# 1083 ~ Page 2 of 2 k 1MPACTs These tractors will be funded from Motor Pool I FISCAL Replacement Funds, and 1989/90 Budget Funds. I Respectfully submitteds Lloyd V. Harrell i City Manager Prepared bys j Names Tom D, Shaw, C. P, M. j Titles Purchasing Agent Approved Name: Tom D. Shaw, C.P.M. ' ~ ` Titles Purchasing Agent n ~ S I i i j j i 00 . r h r t 1 1 1I ~ Z O p k t T QI .D ym ~ I T~ N ~ F Z~ Y'I A ~ n~ ~ ti m m 1 i ± ~ ~NNy 111 I( N F~ i N N W m 1 ~j ry ~ x g m + -Na i o~ T 7 (~JF1~ I ~ i 4A N I a N YY~ m f W p 1 r Fi 1 DATES APRIL 3, 1990 CITY COUNCIL REPORT T03 Mayor and Members of the City Council FROMS Lloyd V. Harrell, City Manager SUBJECTS BID# 1084 - ART?CULATED WHEEL LOADER , RECOMMENDATIONS We recommend this bid be awarded to the lowest I er~d meeting specification, Case Power and Equipment, in the } amount of $80,990.00 SUN.MARYs This bid is for the purchase of a rubber tired articulator frame wheel loader (front end loader), to be used by the Water and Sewer Field Service Department. It Is a Motor t Pool Replacement for a 1982 model loader that is no longer I economical to repair. The egtinvent bid is a 1990 Model Case BACKGROsJNDs Bid Tabulation Sheet PROGRAMS' DEPARTMENT OR GROUPS AFFECTEDS Water and Sewer Field Services and Fleet Oyeratione. FISCAL IMPACTS This unit will be funded by a combination of + Motor Pool Funds and 1989/90 Budget Funds for equipment purchases. Motor Pool Account #720-004-0020-8707 $ 39,455.00 1989/90 Budget Account#620-082-0471-9104 $ 42 535.00 i S 80, 010 -Respectfully submitteds s I t{ Lloyd-V. Harrell 1 City Manager III Prep,r4d by. + ! 1 Name s Tom SKaw,~C. P.M, 3 Titles Purchasing A;ent i Approved 4 Names Tom D. Shaw, C, P. M. Titles Purchasing Agent O27,DOC L J 1 Y F' I ~k S+ i~ ~O.tl{ CH! ---------------------f-•- Ij v ❑ Y i~ [V K g M • n s x s ~ 6 I b----.---------.------ N w a' M H I ~ A ~ ~ td N I j K O yy VI O t~ - N ~~pq V u b Q d p to . Fi y 0 0 (i Y N Y 1 k ~ 0 0 41 A p ~ H~ t d ti v b YY ddd O, «r w-r . r-r--w.. i AO`lKn~ ~ryyae a Nfr~ 1 F;s, r' r. Y ( ~ 1 DATFs APRIL 3, 1990 CITY COUNCIL REPORT i TOs Mayor and Membere of the City Council FROM3 Lloyd V. Harrell, City Manager SUBJECTi BID# 1087 - Li?AD PROFILE & TARIFF ELECTRIC METERS I' RECOMMENDATIONi the recommend this bid be awarded to the lowest bidder m`eetng specification, Wesco, Fort Worth, for all items 1 through 12, 1. Electric Meter CL200 240V 1 PH 3W $ 398.00 each 2. Electric Meter CL 10 240V 1 PH 4S $ 437.00 each 3. Electric Meter CL 20 d80V 3 PH 3W 575.00 each 4, Electric Meter CL 20 120V 3 PH 4WY $ 570.00 each 5. Electric Meter CL 20 277V 3 PH 3WY $ 570.00 each 6. Electric Meter CL 20 240V 3 PH 4WD $ 535.00 each 7. Electric Meter CL 20 120V 3 PH 4WY $ 573.00 each 8. Electric Meter CL 20 277V 3 PH 4WY $ 573.00 each 9. Electric Meter CL200 120V 3W NET $ 555.00 each 30. Electric Meter CL200 240V 3W NET $ 555.00 each 11, Electric Meter CL200 120V 3 PH 4WY $ 568.00 each 12. Electric Meter CL200 240V 3 PH 4WCj $ 514.00 each SUMMAftYo This bid is for an annual supply of specialized 91ecCx-ia meters to be utilized by the Electric Metering Department in their load management program. The quantities are i estimated and will vary depending upon the needs of the City of Denton. The lower prices offered by Temple, Inc., and DAC fail to meet 9 specification. f BACKGROUNDi Bid Tabulation, Memorandum from Ray Wells dated c`t Marc 2Y,-1990. PRO.GRRAM_SS DEPARTMENT OH GROUPS AFFECTED Electric Utility, Metering D v on f i ' JI 1 IMbN7W I ~Ilwre✓ FI~py,q i. fy , city Courcil Agenda April 3, 1996 Page 2 of 2 } 1 FISCAL IMPACTS Funds for the purchase of these meters will come mom Electric Bond Funds for Meter Acquisition, Account 8611-008-0253-9224. } Respectfully aubmitteds J Lloyd V. Harrell City Manager Prepared by3 Names Tom D. S L C .P.M. } l 1 11~ Titles Purchasing Agent 1 I f Ap roved Z: Names Tom D. Shaw, C.P.M. f Titles Purchasing Agent 1i Q29.DOC I 4 i j ~ea~w Rm~ su f w-+r. III I w yy ~FF.Jr.'n e• sNW~ F S Nr ~al~ [e +~a CnawN.. I. ~I ~ Qo .g'-. 111....1 4 ~ a ~ d i N !J r p r fJ N N Op ~ 11 ~ I .y - 1 i ~ ~ d .f Y V Rl it V w y i~ i Y 1 ~ N~ j La j n rn N~gwaoS'23 ~ 1 ` ! H " J. J. t -PO IO j z#~e~a~r####sx~c vE ~ 6 - k .J 1,f P O~ V y V JNi i. i ~ i .r w a i 1 I f l VI (yy~,1 Vy~ VI j~~j ~1 41 {.MfJ~ . ~NI • 1 at t ~ N N ~ ~rl GI S ~ l~1 ~i p ~ r 1 JI 11 II 1 ~ 1 1 ~ a J 1 1 ~ rM ~ y~ i t f L f: 28 CITYo1DENTONMUNICIPAL UTILITIES/ 901-A Texas Street/ Denton,TX7820t f M E M O R A N D U M TOi Tom Shaw, Purchasing Agent FROM: Ray D. Wells, Superintendent, Electric Metering DATE: March 22, 1990 SUBJECT: EVALUATION BID #1087 - LOAD PROFILE & TARIFF ELECTRIC METERS i { n=vcoea~r:o.oaeeaee~=~:zooaasma..anoaco_xeoaoevcooo=ox~_oao~cea_ a 9 Bids were opened at 2:00 p.m. on March 201 1990 with five (5) vendors replying with valid bids. I recommend award of bid to WESCO, Fort Worth, Texas as low bid meeting specifications. Lowest bid was received from Temple, Inc., Arlington, Texas= however, they mis-quoted specifications and their price reflects conventional electric meters only. Mr. Chuck Altman (1800-888-5776) asked that their bid be removed from consideration. i The next low bidder, DAC, bid retro-fit registers, not the { complete package as listed. I request this be placed on City Council Agenda at the earliest available date, since delivery quote is seven (7) to eight (8) weeks, and we need the prior to June 1, 1990 summer rate date. i Respectfully, I I ~ Ray . Wells ! : RDWtgb t 03220069 a ! co: R. E. Nelion, Executive Director of Utilities E E E. B. Tullos, Director of Electric Utilities t d 11 M, wWw Mal Pip 1 Ila7 I I r 1 1 ~ Sit NAhE LOAD PROFILE AND TARIFF I NESCO I NEIEAS I 1 OPEN DATE tIARCN 21, 1991 { I ~ 1 1 ACCOUNJ I 1 I I 1 .............................~I ....I I I DIY I I1Etl DESERIPIION I VENDOR I ...L....1 I I ..............I I 1 25 iC1211 240 vOli I I 2 t 1 IC011 241 VOLT 1 1348.11 I j 3 1 2 IC01 Ili VOLT I 1437.11 1 j I 1515.11 1 ~ 4 1 2 ICI-21 121 VOLT 1 $571.11 1 5 I 2 4121 272 VOLT I 1511.11 1 t I II ICL2i 241 VOLT I 1535.11 1 I 1 21 ICL21 121 VOLT i 1573.11 1 B I It ICL21 271 VOLT I 1573.11 i 9 1 2 ICL211 121 VOLT 1 ISSS,16 I II 1 2 ICL21a 241 VOLT I $55531 1 11 1' II 1CL211 121 VOLT I 1561.11 1 12 1 11 IC1.211 241 VOLT I 1314.11 1 ' I t I I i I I I MANUFACtURER I 6E5C0 I 1 I 1 I i IDELIVERY t 7-8 NL'S I 1 1 j c' ~ I I I 1 I I 1 I I 1 I I y i i i i Y DATES APRIL 3, 1990 CITY COUNCIL REPORT TOs Mayor and Members of the City Council R FROMi Lloyd V. Harrell, City Manager SUBJECT: BID# 1088 - EMERGENCY PREEMPTION SYSTEM ; 610 d RECOMMENDATION: We recommend this bid be awarded to Consolidated Traffic Control in the amount of $29,730.00, i SUMMARY: This bid is for the purchase of an Emergency Preemption System. This system gives emergency vehicles the ability to coa.rol traffic signals as they approach an ! intersection. Currently, the Ambulance Fleet has this } } capability on a few signalized intersections. This purchase will expand this capability in the number of signals and the i number of vehicles. The Opticom System is mantt' 't,ired by 3M and sold only through E, their distributor networ',. rhough the system is protected by numerous patent rights 4nose to bid the project just to see j if completion was avai,,.Ae. Only one bid was received. BACKGROUNDS Tabulation Sheet, Memorandum dated March 26, 19900 Ii Pro ect Intersection List PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Traffic Control, Fire i Department EMS, an other Emergency Vehicles FISCAL IMPACTS Funds for this purchase will come from the funds set aal a or the Central Business District Closed Loop System, l Account #436-020-G089-8910. ! Respectfully submitted: I Lloyd V. Harrell City Manager Prepared bys Names Tom D, Shaw, C,P,M, Titles Purchasing Agent E ` O27.DOC E 6 4 E \1 l o~ if "r I i T; t I b to to - - - - - - - - - - - - - - - - - - - - H J d I+ Ja a 01 b iP A y I _ _ O 00000 ~ ' ! yy 3ppppp,p H II H R1 N R7 N N 00 ! HH 'rakoV101 woo WOO n 07 tli lli s .O K' ! H 4 Ncn ' !!t n ►7H U1bi00 y Sti MIN y - - - - - - - - - - - - - - - - - - I N N ~~~~rrr ~ y ~ !I~ f nW ® O r o to I o o i►N~G USNN H 1 . O p.{ I - - - - - - - - - - - - - - - - - ova ~ o r 8 0-4 w r, yp~ C Al 0 6 0 + G ! I A t } i r r, 4 Irr°i 1" ~ ".11: 21 1 ~ city of DNNTON / 215 E, McKinney / Denton, Texas 75201 i MEMORANDUM J 1 i DATE: March 26, 1990 1 j TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, Director of Engineering Transportation SUBJECT: Bid 1088 - Emergency Preemption System Bids were opened March 201 1990 with Consolidated Traffic Controls being the low bidder. 't'otal price of $29,730, II including the discount as a first time buyer, is very acceptable to us. This system will allow the Fire Department, especially from Station #11 to have major capabilities to preempt the signals on McKinney, Carroll, and University Drive (US 380). i The intersection priority list was developed by the Fire j Department. Chief Cook and Chief Thomason have been involved in the selection process throughout thiA project. They are satisfied with the Opticom System after t-sting several other products and feel this is the bust soluti,n for the City of Denton. Funding for the project will. be from the Central Business District Closed Loop System. This was estimated for in the t original issue and meets a serious traffic safety need, just as the closed loop system does. I recommend the award of this entire bid to Consolidated 1{ Traffic including the alternate which is the expansion to Carroll for $29,730. Phase advise if you need further information. ' Jerr ark r 083SE 1 1 i 1 i `1 r. BID +1088 PAGE 4 OF is r PROJECT INTERSECTION LIST Intersection Pre-emption Direction F i P 1. McKinney at Elm East, West + 2. McKinney at Locust i~ East, West Sri 3. Carroll at University North, South, East, west 4. Carroll at Oak North, West S. McKinney at Bell East, West 6. University at Bell (US 380) North, South Alternate Bid - Includes 1-6 above plus I I) 1 1 7. Congress at Carroll North, South 8. Parkway at Carrol, North, South 9. Ccescent at Carroll North, South 4 10, University at Bell East, West I; i * WB 5 ES Straight a 02, Wit Straight + LT ■ 0 1 EB Straight + LT a ml, WS Straight + ES a f.) 2 Remainder a Straight + LEFT { 0825E i r I i x i i i C i I =TTTT CITY M COUNCIL I I., IMM: 1 1: :2 LILL 1 Q~poaoo b~o~ { of D hid i d t4. 40 f ~ i r 2651L-3/162x9 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulate.' competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the 3 { construct on o public works or improvements, as described in the "Bid Invitations', "Bid Proposals" or plans and specifications on i 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: AMOUNT BID NUMBER CONTRACTOR 1086 ROOM HASTERS _ -S 26iOSlA- SECTION II. That the acceptance and approval of the above compettt vo a 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 j i 7-1 77- 1 1 I t 0~ l/ S ~ 11 1H~'i. it 3j ~ ~'lb ~S yr Awrf 1 r to Bidders including the timely execution of a written contract caantdion furnishing of the awaofrd performance and payment bonds, after notifi- of the bid, SECTION III, That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such r contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV, That upon acceptance and a compet t ve -Ms and the execution of contracts aforfthee 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 a contracts executed pursuant thereto, pproved bids and authorized SECTION V, That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of 1990. ! i t RA fEPIIENS, A ATTEST: I ECRE i IIi APPROVED DEBRA ADAMI DRAYOVITCHp CITY ATTORNEY I BY, 1 PAGE 2 e i ~IWbJ ~Ylr jJ ,fll'9N1~ `~i v i■I M' ,F r F Z' I DATEs APRIL 3, 1990 CITY COUNCIL REPORT i T0: Mayor and Members of the City Council k j FROM: Lloyd V. Harrell, City Manager ih SUBJECT: BID# 1086 - ROOF REPAIR - HERITAGE OAKS RECOMMENDATION: We recommend this bid be awarded to the lowest ` qualified bidder, Roof Masters, in the amount of $26,518.80. I SUMMARYs This bid is for the labor and materials to repair or replace the roofs on thirty-four units of the Heritage Oaks Complex. The bid includes removal of old roofing, repairs to rcof structure, re-roofing with Class "A" fiberglass shingles, and all clean-up and removal of debris. BACKGROUNDS Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Community Development Block Grant, U.S. Department of Housing and Urban Development, Residents, and Management of Heritage Oaks 1 FISCAL IMPACTS This project will be funded from CDBG Funds, Account #219-A52-CD49-8502. Respectfully submittedS e Lloyd V. Harrell City Manager Prepared byt Names Tom D. Shaw, C.P.M. Titles Purchasing Agent . Approved 1 Nam-3t Tom D. Shaw, C.P.M. Titles Purchasing Agent 027.DOC J 1 1 f 6 yiln Noma M I i i + r `e 1 1 U .T. 1 . 1.. i p 1 1 y t1 1 i I ~ 1 IL I 11 2: ~1 ~ { Z O 1 rti 1 Iyl p~j fsr, III G n i i i ® !Qn v i ~ A m i 1 t t1 i i I 1 i I I 1 M 1 1 N 1 < 1 ;1 ~ z a m i z i G 0 o- o- 1 n l ~rl ~ N I O 1 I 1 M 1 I p N i ~I C b n11 O N N 1 z i T L T u ~ ~r I m 1 1 1 1 t I. S ro ~ ~ m i ~ 1 1 r<n N m 8 I I III 1 { II s µ m ~ I I 1 1 E I I i 1 R a I y t CITY e -COUNCIL .T.111 I] I 1. 1 11 1 11 1 TT-T- IT .1 di i 1 I 1 o~ooaao~~~ "A YD °~T N S oo`. I I i 44 I i i I i I ~..rIW_._.rar~.w v' d y 3 w 2651L-5/3689 N0. a AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPT114G SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. 4 WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manusc .its or books; electricity, gas, water and other utility purch a-a; captive replacement parts or components for equipment; an, ibrary materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFOnE, ; a THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchases of materials, equip- ment or supp es, as described in the "!Purchase Orders" attnohor! hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT _ 44407 IBM $26.370.00 1 i. a ` SECTION II. That the acceptance and approval of the above items s a not constitute a contract between the City and the person submitting the quotation for such items until such person j shall comply with all requirements specified by the Purchasing i Department. SECTION III. That the City Manager is hereby authorize) to execute any contracts relating to the items specified in S w ion I and the expenditure of funds pursuant to said contracts is hereby authorized. i 1 t r r shall become effective SECTION uIV. That hsordinance val, imme ate y PO its passage and approval. PASSED AND APPROVED this the day of . 1990. s ATTEST: i E ER lA R , E APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I BY: i 1 i i DATES APRIL 3, 1990 CITY COUNCIL REPORT TOS Mayor and Members of the w' a City Council FROM, Lloyd V. Harrell, City Manager { SUBJECTS P.O.# 94407, IBM, REVISION #1 IN THE AMOUNT OF $26,374,00 RECOM*O NDATION: We recommend this Purchase Order Number 944071 to IBM be increased by $26070.00. 3 t I SUMMARY: The amount of revision is proprietary software inadvertently left off~of0~the original 5 Purchase Order, plus $530.00 to correct line 5 of the original Purchase Order. The revised total for P.O.# 94407 is $60,180.00, or $6,018 per month for the period of time from f January 1 through September 30, 1990. The monthly charge is for the lease of software necessary for the operation of the City of Denton Information Services Data Processing Center, This lease is exempt from the bid process due to copyright regulations and is available only from IBM. M BACKGROUND. Memorandum from Gary Collins dated March 14, ~ Copy of IBM invoice dated February 1, 1990, Copy of P.O.# 19901 to IBM. 94401 PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDt Information Services, Data Processing Center 1f FISCAL IMPACTS Funds for this lease will come from 1989-90 J budget funds for Licenses, Account #100-026-0017-8521, Respectfully submitted, 7 1 0 Lloy V. Harrell Pr ared b City Manager Namet Tom D. Shaw, Titles Purchasing Agent i Ap oved ~§N4ft~~ f Namet Tom D. Shaw, C, P. M, Title: Purchasing Agent TDS/cj 027,DOC I r X11 w :l i f J! ,.c1170P1v TEXA3 215 E. McK1NNEY/DEN TON, TEXAS 762011 TELEPHONE(817)566.8200 i e LE M O R A N D O M { E II I i To: Tom Shaw, Purchasing Agent From: Gary A. Collins, Director of Information Services r Date: March 14, 1990 Subject: P.O. 94407 TO IBM We inadvertently failed to include the following proprietary Software packages in our original request to IBM. Please I revise accordingly. j Add: VM/SP - $949.00/Per Mo. ACF/SSP Version 2 - $163.00/Per Mo. ACF/NCP Version 2 - $363.00/Per Mo. } DISOSS VERSON 3 - $656.00/Per Mo. PERSONAL SER./370 - $453.00/Psr No. if you have any question or concerns, please feel free to call me. ' ; "f Gary A. Collins I 1 Director of Information Services i e i i l wool F 9. Fhs n• International Business Machines Corporation Dl ua• dir•cl inquirln and cwnap°n d•nu t° IBM CORPORATION Inruln xumbar Imma Dal• Dnp• rte b,r 2030542 FEB. 1 1990 i ( 1605 LBJ FAEEHAF DALLAS YX 75Z34 N anon. (214) 668'4000 lGrA 1802610-00 T tnu aR•f ad Inv •ie• 1• ` CITY OF DENTON CITY OF DENTON 4 901-8 TEXAS ST ACCOUNTS PAYABLE ' f DENTON,TX 76201 324 B E MCKINNEY DENTON,TX 76201 °"°""I°"• branch oll. Q26 c°•I•m.r arr.,,m. POO 71109 LL air aa• re mit D°Ym°nta N Tnn• PO BOX 660176 PAYABLE HITHIN 30 DAYS FROM --DALLAS- TX 75266 INVOICE DATE INVOICE FOR LEASE/RENTAL MACHINES AND 10R LICENSED PROGRAM CHARGES c TYPE/DESCRIPTION LSE FROM THRU APPLICABLE APPL. TAN I MOO/SERIAL OPT GATE DATE NET AMOUNT CHARGE DISC./X AMOUNT EXCLUDING TAXES t 5664 VM/SYSTEM PRODUCT (VM/SP) 167 OOA6248 02/01/90 02/26/90 949.00 i 949.00 $666 OISOSS Y.3 VSE 270 OD07763 02/01/90 02/26/90 656.00 656.00 3966 PERSONAL SERVICES/370 VSE 316 0007764 02/01/90 02/26/90 453.00 453.tl0 / 5735 ACF/55P VERSION 2 XXA 0098479 02/01/90 02/26/90 163,00 163.00 5735 ACF/NCP VERSION 2 XX9 0095480 02/01/90 02/26/90 363.00 363.00jr•- 5736 005 PL/1 TRANSIENT LIBRARY 1 LMS 0027086 02/01"90 02/28190 36.00 136.00 ' 5746 DOB/VS COBOL COMPLR 6 LIAR 2 C31 OODL616 02101190 02/28/90 202.00 202.00 ~ 5746 DOS/VS RPCII . t R01 0001,816 02'01190 02/28!90 176.00 116.00 5746 DEY MGM? SYSrCICSrYS•DOS XC4 OODR019 02/01/90 02126/90 666.00 666.00 5799 710911-PARTIAL FUNCTION BHH COADOC4 02/01/90 02/26/90 2,354.00 2x354.00 TOTALS 6,016.00 6,016.00 ' i 04V T"Tr AMf711NT $pa010.00 i i YE p j 1 ri g c N I s~+ O 3 N X r r r+ Z y~ Z 3~ 4 p o 0 0 o roi O~ Znp-_+ r• s~ r > v~} Vf O G O O N C C c) fN 23 A -4x - ma 0> CJ m., a{~" o{" o.• 0 x a% .40 M R-0. 0.4 < O NO-( t \d ♦1 O OF u r S < < b Nom. W• O• NM vl+c p0♦ w DN N oMN, o ON N oo 40 Ko "o 00 M? S O ♦ z `P r n rn r ti ~ n s m CC r .4 NAP Y~i 1 0 M a 1 y n-O. O O 4pp gp~gp Y~/! z yOj r ; r m Se I N V mz z 2 m2 K2 u , Q r AO Opp O NO "0 O. >0 A 706 A a 5 > og cii> > D ► N • I • • • r T 6 „ .O az z z z z n. . rn> > > > , > / D ~ t 2 ~n r ~ z goon mo>m 0 -4;c r °o .,xmxna )K rr z Q i vlor &(AM< N Q ' z 0 6) N N rn i~ P o c 1~ 0% 0 0004. O O O O O zQ O _ O O r p ti•' O O U) • • P~ O O O O O • rr ~t 1 WW O P - N a • • i O~ O O O O O r~ 00 O O O O O o 0 o u u co I N " 1' Ar. f f 7 CITY COUNCIL 3 a i ~ O ODd~ to i ~00Q~ca;coo~°°~~ r f i r Irs,.. Ixau I ~ ~Y . Iy . l t 2517L/1589 f~ AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A THE CITY DENTON AND TRI-CON E P CONTRACT ROV DINGBFOREAN INCREASE ~ N THE CONTRAGfi PRI ; A ~ §1MNG EFFECTIVE DATE. WHEREAS, on OCTOBER 4 1989 , the City awarded a contract for the construction o certa n mprovements to TRI-CON SERVICES INC. in the amount of $ 446.797.50 ; an r WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local E Government Coda; NOW9 THEREFORE, s BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order to the contract between the E City ana TRI-CON SERVI~CCSI.NNCC.~_ , a copy of which is attached ereto, n t e amount of SEVENTEEN THOUSAND ONE 11UNDRED, s INT IN AND 40/100 Dollars 17,122.4 , is J ere y approved an the expen tune of funds therefor ereby authorized, SECTION 11. That this ordinance shall become effective j ' imme ate y upon its passage and approval. 1990. 1 PASSED AND APPROVED this the _ day of j E ~ I~ ATTEST: I i JE NI R WALTERSg CITY 5YUMM APPROVED AS TO LEGAL FOR'9: DEBRA ADAHI DRAYOVITCH, PITY ATTORNEY BY: I S I p ? DATE, APRIL 3, 1990 f 4t" CITY COUNCIL REPORT t TO: Mayor and Members of the City Council a FROM: Lloyd V. Harrell, City Manager ` SUBJECT: BID# 1007 - MALONE STREET DRAINAGE IMPROVEMENTS CHANGE ORDER #1 RECOMMENDATION, We recommend this Change Order #1 be approved 7 in the amount of a $17,199.40 increase, The Contract price will t change from $446,797.50 to $463,996.90, SUMMARYs This price increase is due to the unexpected required excavation of rock as per the Contract Terms and Conditions. Also included are several other changes in the project brought on by unforeseen happenings and circumstances. The Memorandum from Rodger McDaniel to Rich Svehla outlines the changes in detail. 4 I BACKGROUNDS City of Denton Change Order Form, Memorandum dated March 26, 1990, PROGRAMS, DEPARTMENT OR GROUPS AFFECPEDs Engineering Department f and Drainage Improvements Contractor, Tri-Con Services, Inc. 4 FISCAL IMPACTS Funds for this change will come from the l or ginal saorce of funding #434-002-G088-8808-9108. Respectfully submitted, ff i u Lloyd V. Harrell Pr pared bys City Manager i Names Tom D. Shaw, C.P,M, Titles Purchasing Agent j Approved Name: Tom D, Shaw, C. P, M. Tides Purchasing Agent 027.DOC ri ) CITY Of DENTON CHP.NGE ORDER i 1. Division (Department) 20 Purchase Order No. 3. Change Order No. Public WorW Engineering 93185 1 4. Name of Project 5. Project Acct No, 5. Date Prepared Malone Drainage 434-002-G088-8808-9108 3-23-90 7. Name and Address of Contractor f ! Tri-Con Services, inc. - P.O. Box 2867, Garland, Texas 75.041 a. Description of Stork included in Contract r Drainage Improvements for Malone Street 9. Changes ordered and reason ordered (List individual changes as: A, B, C, D, etc. I y See attached i la. Bid Original Contract Revised Negotiated original Revised j Contract item Estimated Unit Estimated C.O. Unit Estimated Estimated i Changes No. Quantity Price Quantity Price Cost Cost A* S E E A T T A H E D C. 0. Total Total f i y 11. Original Contract Price 446 797.SU increase in Contract Price 17.199.40 IE New Contract Price ,996.90 Decrease in Contract Price I i 12. Contract time increased/decceaaed by - - days. New contract time 50 days j THE AFOREMENTIONED CHANGE# AND WORK APPECTED THEAESYi IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 1 l 13. ISSUED FOR REASONS INDICATED ABOVE: J~ LYC t 'Zd ~L~ tton supervisor - Date l/r ACCL?TED BY CITY ENGINERR: 1~ ~ J• ' - n V ~ ~ . Signature TitleDate 1S, ACCEPTED BY CONTRACTOR: 'c flsK/'1L-_- Signature Title Data 16. ASSISTANT CITY MANAGER Title ' signature Date 0118CTOR OF UTILITIES t signature Title Date CONDITIONS OF APPROVALt t 17, PURCHASING/FINANCE Signature Title Date- 1 COUNCIL APPROVAL (If needed) Date ~ ASieR i 1 E cITY of DENTON / 215 E. McKinney! Denton, Texas 76201 k' 1 ¢i MEMORANDUM v ; 1 DATE: March 26, 1910 ~ T0: Rick Svehla, Deputy City Manager FROM: Roger McDaniel, Engineering Tech Supervisor j SUBJECT: Malone Drainage Overview E ~ e Tri-Con Services, Incorporated of Garland, Texas was awarded I the contract for Malone Street Drainage Improvements in November 1989. The contract price was $446,797.50. Work began on November 27, 1989. We encountered rock on the project during the week of December ll, 1989. By December 19, 1989, the contractor had excavated 350 cubic yards. The estimated contract quantity for this item was 50 cubic yards at $15.00 a cubic yard. We submitted a memo to the '91' Committee on December 19, projecting between 1200 and 1500 cubic yards as a possible total quantity. The total amount excavated came to 915.6 cubic yards for a total increase of $120984.00. Considering the existing condition of Gobec street along with the additional problem of introducing the heavy equipment needed to complete the storm drain, it became evident that more than the pitch over the ditch line would be needed to maintain this streets serviceability after project completion. The contractor was counseled that the asphalt patch would fail due to infiltration of water from the remainder of the street, The existing street was a seal coat over a subgrade of sand and river rock. Tri-Con offered to cement stabilize the entire 4 street from Cordell to Linden at no cost to the City of Denton If the Street Department would do an overlay. James Corbin i agreed that this was the beat solution because of the potential maintenance problems. He requested that we use the remaining funds for patch to help pay for the asphalt. Tri-Cons price for asphalt parch was $40.00 per ton and there was 110 tons s i t S I u laaw.• Mr~s~ 1 d rvofw.~ !i i I i E Malone Drainage Overview page 2 remaining. The Street Department purchases Type D asphalt at $19.50 a ton. This allowed us to place 225 tons of asphalt on Gober instead of 110 tons. Additional savings to us were realized by not bearing the cost of cement stabilizing the w subgrade since Tri-Con provided all material, equipment, and l labor. Item SP.4 was for lowering waterlines where it was in conflict i with the storm drain. The plans identified these locations and specified to lower or encase. We did not have a price for k R encasement which would be cheaper than the cost of lowering the waterline. The contractor gave us a price of $500 for each encasement and the price for lowering was $1,000. We encased 5 { waterlines instead of lowering them saving $2,500 overall. 1 Our specifications require that sanitary sewer when placed inside a junction box must be replaced with ductile iron pipe. There were three locations that required this and we did not have a price for 6" or 8" ductile iron pipe. Upon request, the contractor gave us prices of $30 a foot for 6" and $35 a foot for 8". This increased the cost $950. Total overages equal $17,199.40 or 3.8%. The following is a break down of over and under by line item. ITEM DESCRIPTION OVERAGES REDUCTIONS SP-10 Rock Excavation $12,984.00 3-A Remove Concrete Pavement $ 60.00 8.2-A Concrete Curb & Gutter 31060.00 120.00 5.8A 6' Concrete FLT Wk III 8,3A 4' Concrete Sidewalk 10152.90 8.38 6" Concrete Driveway 10850.00 5,000.00 q SPA Lower Waterlines 00 ii 2.12.3A 18" RCP Class III 6 60000..00 2.12.30 24' RCP Class 111 84,50 3.9 Sod EXViA Concrete Encase waterline 2,500.00 i EXTRA 6" Ductile Iron Pipe 600.00 EXTRA 8" Ductile Iron Pipe 350.OU TOTAL VDr179 • 0 51980.0,6 There has been at least two heavy rains since construction was completed and this system functioned very well. We are submitting Change Order tl for the additional work A completed. Please submit to City Council for approval and final acceptance. If you need further information, please advise. { 1 og r c an e 0835E I r C ITY I COUNCIL I I f 1r - II~1 44 I f 1 ~ f I ~o~oaaa ~ ~ o a I no~, o N , t X00 i I 1 i i . ~r i CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager c SUBJECT: Meter Parking on West Hickory I RECOMMENDATION: Approval r SUMMARY: This request is for an ordinance to restore metered parking on I the south side of Hickory from Avenue B to a point 70 feet east of Avenue A. BACKGROUND: There used to be metered parking at subject location. The i parking was removed to make room for a bike path for the UNT campus. The bike path was discontinued in 1988 due to lack of use. , PROGRAMS, DEPAR7MENTS, 0A GROUPS AFFECTED: Engineering and Traffic Division, Purchasing Department, outside contractor, and the City of Denton Police Department FISCAL IMPACT: Generates additional revenue for the City i 0773E 1 i i o I r t ~w Y CTSSC MEMO January 29, 1990 page 2 Y ' Y ITEM $4 RESTORE METERED PARKING ON HICKORY STREET FROM AVENUE j H TO AVENUE A• i p This parking was removed when UNT decided that one of the bike path routes should proceed along the south side of Hickory to Avenue A. The City cooperated in helping set up bike paths all over the UNT campus. In 1988, the paths were abandoned except for the separated section created as part of the Avenue C project, This was mainly due to lack of use. Hickory street has been repaved ,nd the through lanes i were kept at two. Therefore, this area will be wasted space if parking is not allowed. Parking is a critical need in this area and we strongly recommend metered parking be allowed. Staff recommends approval. 0824E t ` i { 4; s CTSSC MINUTES February 5, 1990 I F page 3 Ir { ITEM #4 RESTORE METERED PARKING ON HICKORY STREET FROM AVENUE B TO AVENUE A: Jerry Clark presented the request. He said the parking was removed when UNT decided that one of the i bike path routes should proceed along the south side I of Hickory to Avenue A in 1983. The City cooperated in helping set up bike paths all over the UNT campus. In 1988, the paths were abandoned except for the separated section created as part of the Avenue C project. This was mainly due to lack of use. f H).ckory street has been repaved and the through lanes were kept at two. Therefore, this area will be wasted space if parking is not allowed, Parking is a critical need in this area and staff strongly recommends metered parking be allowed. Erwin asked how much time ;could be metered. Clark I said they are metered for 1 hour at 50~ an hour. J Staff recommendation io to go back to 250 an hour. 1 The parking meter person will have an additional 25 1 meters. These meters should give enough revenue to make up the difference. Staff would like to obtain some 30 minute meters to individualize and concentrate o;e specific areas such as the businesses to help there. 1 Gohlke asked if staff had contacted University of North Texas. Clark said they had. i Amador said that plenty of room needs to be allowed for UNT 44 passenger busses near the right hand turn on Avenue A. Clark said no meters would be placed at § that location and staff would paint the curb so it j would be well defined, ^1' STAFF RECOMMENDED: Approval COMMISSIONERS: Marilyn Smith made a motion to accept staff recommendation. Doug Chadwick seconded the motion. Motion passed unanimously. I 0824E ; I X r s i 5 fi t f. i SAVE. B i y 0E 1 I 4 A ~ 4 A , A 4 1 r f'~ 9 A MISTER G HICKORY G~ NCR 70 64A-IL y ,i 9 IF r F i ORDINANCE NO. AN ORDINANCE ESTABLISHING METERED PARKING FOR VEHICLES ON THE SOUTH SIDE OF WEST HICKORY STREET FROM ITS INTERSECTION WITH AVENUE B TO A POINT 70 FEET EAST OF ITS INTERSECTION WITH AVENUE At PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the following portion of West Hickory Street is designated for metered parking in accordance with Chapter 24, Article V, Division 2 of the Code of Ordinances of the City of Denton, to-wit: k v The south side of West Hickory Street from its inter- section with Avenue B to a point 70 feet east of its intersection with Avenue A. SECT_T.ON II. That if any section, subsection, paragraph, i sentence, clause, phrase or word in this ordinance, or application i 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 f Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. t i SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall bs guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day of 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 limitr above. SECTION IV. That this ordinance shall become effective j fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance r to be published twice in the Denton Record-Chronicla, the official I newspaper of the city of'Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1990. RAY STEPHENS, MAYOR i i p a i , r is i i ATTEST: JENNIFER WALTERS, CITY SECRETARY i Last) BY: i i F APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: _ f I ,5 I ,i t1 I i I i i i 5 ~SJv t CITY IMM COUNCIL i I I t } s L I I Q0~ 4 r0 O fp3 to ODaO00N 11.111.1 .1 IT. 1 B t I ITT I i ~I. 1 y . f i i Sit 4 Vi i DATE':/ 03/21/9D 'CITY COUNCIL REPORT FORMAT T'h: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: ORDINANCE TO EXECUTE AMENDMENT NO, 2 TO ENGINEERING SRRVICES BBTKSSN THE CITY OF DENTONe TEXAS AND FREESE i NICHOLS i RECOMMENDATION: k E It is the recommendation of the Airport Advisory Board and the Airport Manager to approve the Amendment No. 2. SUMMARY: Amendment No. 2 to engineering services between the City of Denton, Texas and Freese and Nichols adding Section XVIII for Disadvantaged j Business Enterprise Assurances and Section XIX Access to Records per the FAA r questo% BACKGROUNDS j (A) On December 20, 1988, the City of Denton entered into a service agrasmant with Freese and Nichols to make pre-application for j airport improvements to the FAA. (S) On September 19, 1989, the City of Denton accepted a 030C1000.00 grant from the FAA, Grant No. 3-49-0067-04 and City of Denton Resolution Moo R-69-004. PROORAMSeDEPARTM"TS OR GROUPS AFFECTED"TS OR GROUPS AFFiCT80i This agreement will not affect any other department or group. FISCAL IMPACT! i None Respectfully beitted: { Pre a oyd A iel City Manager Joe Thompson Airport C,nager i Appr s!: L Z/V Rick Sveh Deputy City Manager 2057A 1 + r 2922L ORDINANCE NO. f AN ORDINANCE AMENDING AN AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND FREESE & NICHOLS FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING SERVICES FOR IMPROVEMENTS AT DENTON MUNI- CIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. 4 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! k SECTION I. That the Mayor is authorized to execute an agree- 3 ment otween the City of Denton and Freese 6s Nichols for the per- formance of professional engineering services for improvements at Denton Municipal Airport, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective j imme ate y upon its passage and approval. j i E PASSED AND APPROVED this the day of , 1990. f 1 j ~ MY STEFHENS, -MAYOR t ATTEST: ! JENNIFER WALTERS$ CITY SECRETARY j BY: APPROVED AS TO LEGAL FORM: 4 DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY E r ; j BY: I~ ~ 1 ` I I I i M i wrar~ y .MON W. lum IL NMIf L 0C4L0'l ► II a011R1 4 NKIgU, Il ~u rneL r.ca.. PMIA LN)hft II AND aolnr ti t1low+aN at Il a,IV6,.1 CAB N. Nt~hols T•Il INC. corn P. "W2 /l A UM&A 1i CONSULTING ENGINEERS aO NL 1 MKNA11 4 WHOIA PA, War N. ORKAW, Il W. COMM CLNOT, PL Isar nuuNC rl MKNAIL G MOMUOK 11 L NlL M1 Col M. YIKK PA. W. aArMOND L L ONOOa46la. j March 13, 1990 i I Mr. Toe Thompson 3 Airport Manager Denton Municipal Airport Route 1, Box 100 Denton, TX 76205 Dear Mr. Thompson: i Attached Is Amendment No. 2 that has been signed by Freese and Nichols. Hopetuily, f this will allow us to get approval from the FAA, apd we can proceed with design of the airport drainage imr,ovements. Sincerely, FREESE AND NICHOL% INC. ~ferry L Flemingr P.6. JU:pka.85 attachment xc: Ron Hess w/attachment ! JML XF TtltllONl Il f 1F7I61 Il tAwA rm[T Kr[T woeiKmA! ri*W MM0117 06"00 0A% III V1429 i i I I 1-7 3 r` Y~ r c 2921L Y , AMENDMENT NO. 2 TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND FREESE & NICHOLS WHEREAS, on December 20, 1988 the Cit of Denton, Texas ,,ts ("Owner") and Freese & Nichols ('1Contractorl) entered into an agreement for the performance of professional engineering services for improvements at Denton Municipal Airport; and r WHEREAS, the Federal Aviation Administration has requested that the Agreement be amended to include certain requirements 5 relating to access to records and minority business enterprises; NOW9 THEREFORE, j WITNESSETH ARTICLE I. i Owner and Contractor hereby agree that the certain agreement 1 f executed between the Owner and Contractor on the 20th day of December 1988, is hereby amended to include the following pro- 1 visions: { SECTION XVII. i TITLE VI. During the performance of this contract, the Engineer, for itself, its assigness and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: { f , 1. Compliance with Re ulations. The Contractor shall comply with the Regulations relative to nondiscri- mination in federally ass!sted programs of the De- tment of Transporation (hereinafter "DOT") Title II Mar j 'II Code of Federal Regulations, Part 21 as they may 1 be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall noL participate either directly or indirectly in the i I f I j I i • ww+.~ 41 oac a~ 9 7 r { discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix B of the Regulations. 3. Solicitations for Subcontractors Includin Pro- curements o Materials an u ment. in a so t citation-s- e t er by compet t ve bidding or negotia- tion made by the Contractor for work to be performed r under a subcontract including procurements of ma- terials or leases of equipment, each potential sub- contractor or supplier shall be notified by the C Contractor of the Contractor's obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, or ! national origin. ? 4. Information and Reports. The Contractor shall pro- vide a information and reports required by the 4 Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its M facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be 9 ppertinent to ascertain compliance with such Reggu- ` lations, orders, and instructions. Where any in- formation required of a Contractor is in the exclu- sive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncom l~Qiance. In the event of the Contractor's noncompTL&nce with the nondiscrimi- nation provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, incl ling, but f not limited to-- a. Withholding of payments to the Contractor under the contract until the Contractor c4aplies, and/or E b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Intor oration of Provisiona. The Contractor shall 1 include the provisions o paragraphs 1 through 5 in 1 f PAGE 2 ~_J 9 i f ' I every subcontract, including procurements of mate- rials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect I to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. h Provided, however, that in the event a Contractor becomes involved in, or is threatened with, liti- gation with a subcontractor or supplier as a result of such direction, the Contractor may request the f i sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. SECTION XVIII. DISADVANTAGED BUSINESS ENTERPRISE ASSURANCES A. Policy. It is the T ana ortation policy of the Department of P (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this Agreement. B. Ob~li aat_ion. The Contractor agrees to ensure that sdf a- v~'aataged business enterprises as defined in 49 CPR Part 23 have the maximum opportunity to partic- ipate in the performance of contracts and subcon- tracts financed in whole or in part with Federal funds provided under this agreement. In this regard all Contractors ahall take all necessary and reasonable J steps in accordance with 49 CFR Part 23 to ensure that die- advantaged business enterprises have the maximum opportu- nity to compete for and perform contracts. Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT-assisted j contracts. SECTION XIX. a ACCESS TO RECORDS The OWNER, the Federal Aviation Administration, the Comptroller General of the United States or any of their duly authorized representatives shall have PAGE 3 i t FNgg ~ Y access to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to this PROJECT for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE II. In all other respects, the terms and conditions of the Agreement, as executed by the parties on the 20th day of December 1988 and amended by Amendment No. 1 executed on the 2nd day of January, 1990, remain in full force and effect. 1 Executed this r_ day of , 1990. I i 1 r MAYOR ATTEST: I' JENNIFER WALTERS, CITY SECRETARY ji I APPROVED AS TO LEGAL FORM: a- DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY E - FREESE & NICHOLS i I BY: F. `jlie " E ATTEST: P I 1 PAGE 4 i >r Aftit~ { 1 1I 3 i i 4 1 0" 26D7L r i NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND FRE£SE AND NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES AND PROVIDING FOR AN EFFECTIVE DATE. ! THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION 1. That the Mayor is authorised to execute an ) agreement otveen the City of Denton and Freese and Nichols Inc. for professional engineering services relative to aintirt improvements, under t.:e terms and conditions contained in the i agreement, a copy of which is attached hereto. ; s SECTION 11. That the City Council hereby authorises the expea3Titure oFlunds in the manner and amount as specificd in the t agreement. SECTION 111. That this ordinance shall become effective imae ate y upon its passage and approval. Passed and Approved this the 4Day of December, 1988. I ATTEST: t lae&z , PROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH$ CITY ATTORNEY f BY: to 1 T rl~ s i"M SS yy~' } ,r )1 r; 1 r , AGREEMENT FOR ENGINEERING SERVICES r STATE OF TEXAS O COUNTY OF DENTON (1 This ^ Agreement made, entered into and executed this the day of sffe 4 1988, by and between City-oFVenton, Texas, hereinafter called the "OWNLX" and Freese and Nichols, Inc.`, herein- after called the "ENGINEER" acting herein, by and through its representative, I duly authorized so to act for and in behalf of said ENGINEER. WITNESSETH, that in consideration of the covenants and agyreements 4 herein contained, the parties hereto do mutually agree as fotlows: f SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow. i The Project shall include the following improvements to the Denton a Municipal Airport: A. SCOPE OF AIRPORT IMPROVEMENTS 111 1. Road Access to South Hangar Area* 2. Infield Drainage Improvements 3. Land Acquisition North Utility Runway 17R Clear Zone - 13.5 Acres North Runway 17L Clear Zone - 24.7 Acres ; South Runway 35R Clear Zone - 31 Acres 4. North Holding Apron i i f A lr wrr.~ I S ~An r 5. Runway 35-R Extension 1000-Ft. r 6. Medium Intensity Runway Lights for Runway 35-R 1000-Ft. Extension 7. Parallel Taxiway Extension and Holding Apron 8. Stub Taxiway to Southeast Industrial Area i 9. Taxiway Lighting - Medium Intensity 10. Commercial Service Area Paving 11. FBO Paving 12. Executive Jet Center Aircraft Parking i 13. Other assignments as authorized by the OWNER in writing. *Improvements ineligible for AIP funding SECTION I1 1 PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall continue until the design and construction of the airport improvements described in Paragraph I and funded by the Federal Aviation Administration are completed. However, it is expressly understood y and agreed to by the parties that ENGINEER shall not commence the services set forth in Paragraph 116. C. and D. unless (i) the Federal Aviation Administration has funded the cost of constructing said improvements and (11) written authorization to proceed from OWNER has been delivered to ENGINEER. SECTION III BASIC SERVICES The scope of basic services for the Study and Report Phase, Design Phase y and Construction Phase will be restricted to approved and funded improvements whether a Capital Improvement Project or an AIP improvement. Subsequent funded improvements will receive engineering services when notification of allocation or funds are received. i The ENGINEER shall render the following professional services for the development of the Project: i 1 ' -2- ~ Nei. ! WWI ar,. A. DEVELOP .°REA?PLICATION Prepare preapplication for submittal to tie Federal Aviation Administration for airport improvement and land acquisition ' projects eligible to receive Airport Improvement Program Funds. The projects to be in the application are identified in the Scope of Airport Improvements, paragraph I.A. B. STUDY AND REPORT PHASE After written notice from the OWNER to proceed the ENGINEER shall: 1. Consult with OWNER: (1) to review the scope of work, (2) to verify the OWNER's requirements for the Project, and (3) to review available data. j 2. Advise OWNER as to the necessity of OWNER 's providing or obtaining data or services from others, and assist the OWNER In connection with any such services. 3. Provide analyses of OWNER's requirements for the project, as verified in Section 111, Paragraph B.1., including i planning, surveys, site evaluations and comparative studies of prospective sites and solutions. 4. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and the alternative + solutions available to OWNER and setting forth ENGINEER's I i findings and recommendations with opinions of probable q construction costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. Allowances for the cost of land and rights-of-way, compensation for or damages to properties and i interest and financing charges will be provided by the Owner or others so designated by the OWNER, all of which are hereafter called Project Costs". The alternate solutions shalt be limited to not more than three. 5. Furnish four copies of the Report to the OWNER. Present and review the Report with the OWNER. 6. The OWNER will select a preferred alternative for each airport improvement. OWNER and ENGINEER agree that the services contemplated to be performed by the ENGINEER cannot be defined sufficiently at the time of execution of this Agreement. Such services shall be undertaken under the terms of written amenaments to the Agreement , executed by OWNER and ENGINEER. Such amendments shall be approved + by ordinance of the City Council. j -3- 4 1 " C. DESIGN PHASE r After written authorization, the ENGINEER shall provide profes- sional services in this phase as follows: { 1. Prepare detailed plans, specifications, contract documents, } designs, and layouts of improvements to be constructed s (surveys to be furnished in Additional Services, Section IV). i 2. Provide the OWNER with advice, when requested, with respect s to the making of all subsurface investigations, including i borings, test pits, soil resistivity survey a, and other sub- surface explorations;, however, the making of such investiga- tions and the interpretations of data and reports by special consultants are not a part of the services to t,e rendered by the ENGINEER, and the cost therefor shall be paid by the OWNER. The ENGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc., for the Project, but the cost of such laboratory tests or inspection shall be paid by the OWNER. 3. Furnish the OWNER, when requested, the engineering data necessary for applications for routine permits required by 3 local, state and federal authorities. Preparation of I detailed applications and supporting documents for government grants or for planning advances will be provided as Additional Services. 4. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. { 5. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for E the Project. 6. Prepare revised opinion of probable construction cost, and bidder's proposal forms (project quantities) of the improve- ments to be constructed. j i 7. Furnish the OWNER six (6) sets of copies of plans, specifi- cations, and bid proposals marked "Preliminary" for approval ! by the OWNER. Upon final approval by the OWNEk, the ENGINEER will provide the OWNER forty (40) sets of copies of "Final" plans. As directed by the OWNER, additional sets of plans, ; specifications and bid documents as are necessary in the j receipt of bids for construction and as are required in the i i -4- • ~ f I { I awl F o- execution of the project, shall be furnished by the ENGINEEk and shall be paid for by the OWNER at actual cost of reproduction. O. CONSTRUCTION PHASE Upon completion of the design services and approval of "Final" plans i and specifications by the OWNER, the ENGINEER will proceed with the performance of services in this phase as follows: 1. Assist the OWNER in securing bids, issuing notice to bidders and notifying constructio;r news publications. The notice to bidders will be furnished to the OWNER for publication in the local news media. The cast for publications shall be-pail by the OWNER. i 2. Assist the OWNER {n the opening, tabulation, and analysis of the bids receive, and furnish recommendations on the award of contracts or the appropriate actions to be taken by the i f OWNER. 1 3. Assist in the preparation of formal contract documents for ! construction contracts. s f 4. Assist in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s), and prepare a proposed estimate of monthly cash requirements of the project. 5. Make one visit each month to the site (as distinguished from the continuous services of a Resident Project Represent- ative) to observe the progress and the quality of work and to 3 attempt to determine in general if the work is proceeding in € accordance with the contract documents. In performing these services, the ENGINEER will endeavor to protect the OWNER ! against defects and deficiencies in the work of Contractors; the ENGINEER will report any observed defects or deficiencies immediately to the OWNER; however, it is understood that the ENGINEER does not guarantee the Contractor's performance nor is he responsible for supervision of the Contractor's operation and employees. ENGINEEP shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor or the safety pre- cautions and programs incident to the work of the Contractor. ENGINEER shall not be responsible for the acts or omissions of any person except his own employees and agents at the Project site or otherwise performing any of the work of the Project. .S doom] r . i 6. Consult and advise with the OWNER during construction, make recommendations to the OWNER regarding materials and work- manship, and prepare change orders with OWNER's approval. 7. Review samples, catalog data, schedules, shop drawings, labo- ratory, shop and mill tests of material and equipment and other data pursuant to the General Conditions of the Con- struction Contract. 8. Assist the OWNER in arranging for testing of materials and laboratory control during construction to be conducted at 1 the OWNEP's expense. 9. Interpret intent of the plans and specifications for the OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Additional Service. E 10. Review and comment on monthly and final estimates for payment j to Contractor(s), pursuant to the General Conditions of the Construction Contract. 11. Conduct, in company with the OWNER's representative, a final inspection of the Project for conformance with the design concept of the Project and general compliance with the con- tract documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 12. Revise the construction drawings in accordance with the in- formation furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two sets of prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER. SECTION IV ADDITIONAL SERVICES i Additional Services to be performed by the ENGINEER, if authorized by the 1 OWNER, which are not included in the above described basic services, are described as follows: A. Field Surveying required for the preparation of designs, drawings ' and plans. i 9. Field layouts or the furnishing of construction line and grade i surveys. 1111 i i A l JJ I F r x wr~v~ ' A ' G. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account con- striction performed by the OWNER. 0. Making necessary property, boundary and right-of-way surveys, i preparation of easement and deed descriptions, including title search and examination of deed records; except there will be no additional charge for surveying where the ENGINEER can prepare center-line type descriptions for the procurement of easements along pipeline routes developed from the design surveys for the a design of pipeline projects; however, additional surveyS.re- quired to determine property corners and complete development of descriptions for right-of-way easements will be considered an Additional Service. E. Prepare Airport Improvement Program application and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. G. Preparing any required Operation and Maintenance Manuals or conducting operator training and preparing Environmental Impact Assessments or Statements. 4 'r H. Appearing before regulatory agencies or courts as an expert wit- f ness in any litigation with third parties or condemnation proceed- ings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. 1. Furnishing the services of a Resident Project Representative to act as the OWNER's on-site representative during the construc- tion phase, if requested by the OWNER, The Resident Project Representative will act as directed by the ENGINEER in ordir to provide more extensive representation at the Project site during the Construction Phase. The duties and responsibilities aad the limitations on the authority of the Resident Project Represents- Live and assistants will be determined by separate written Agreement to be attached as an amendment to this Agreement. As set forth in Section III, D.5, the ENGINEER does not guarantee the I Contractors performance nor is he responsible for supervision of the Contractor's operation and employees. If the ENGINEER is requested to visit the site more frequently than one (1) visit each month as set forth in Section III, Paragraph 0.5, the requested visits shall be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation. -7- ti k i i Through more extensive on-site observations of the work in pro- gress and field checks of materials and equipment by the Resident Project Representative and assistants, the ENGINEER shall endeavor to provide further protection for OWNER against defects and defi- ciencies in the work, but the furnishing of such Resident Project kepresentation will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for Contractor's failure to perform the construction work in accordance with the Contract Documents. a J. Assisting the OWNER in claims disputes with Contractor(s). ' K. Performing investigations, studies and analyses of substitutions i of equipment and/or materials or deviations from the plans and specifications. L. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. f M. Preparing detailed Plans and Specifications for Trench Safety Systems. SECTION V RESPONSIBILITIES OF OWNER j OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: Designate in writing a person to ac A' t as OWNER's representative d with respect to the services to be rendered under this Agreement. 9 Such person shall have contract authority to transmit Instruc-terpret andtionds,ecireceive withorespectstonENG! EER's dserdefine vices Ofor R the pProjects B. Provide all .riteria and full f ' meats for the Project, Including design oobjectives NandsconQuire- straints, space, capacity and performance requirements, flexi- bility and expandability, and any budgetary limitations', and furnish copies of all design and construction standards which ! OWNER will require to be included in the Drawings and Specifica- tions. C. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 1 F ~ I wxme L d t D. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement, t E. Examine all studies, reports, sketches, drawings, specifica- tions, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Prefect and such approvals and consents from others as may be necessary for completion of the Project. G. The OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the OWNER, i H. Provide such accounting, independent cost estimating and insur- ance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project 4 including any that may be raised by Contractor(s), such auditing j service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction k contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnish- ing and performing the work. 1. The OWNER shall determine, prior to receipt of construction bid, ; if the ENGINEER is to furnish Resident Project Representative service so the Bidders can be informed. f J. If OWNER designates a person to represent OWNER at the site who is not the ENGINEER or £IIGINEER's agent or employee, the Cities, re- sponsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of Engi- neer and the Resident Project Representative (and any, assistants) will be set forth in an attachment that is to be identified, attached to and made a part of this Agreement before suo:n services begin, K. Attend the pre-bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings r -9- 1 1 I 1 E 1 I~ y ` y r and substantial completion inspections and final payment inspec- tions. L. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or nonconformance EE of the work of any Contractor. M. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Section IV of this Agreement or other services as required. r N. Bear all costs incident to compliance with the requirements of this Section Y. i SECTION VI COMPENSATION r A. AIP PREAPPLICATION: i Development of the preapplication for airport improvements Identi- fied in Section I.A as eligible for AIP funding will be at no cost to the OWNER. B. BASIC SERVICES { I When identifiable airport improvements are determined, the OWNER and ENGINEER will agree upon a lump sum compensation fee for the work defined in Section I11 which will be made a part of this I Agreement by means of an amendment executed by the OWNER and ENGINEER. Any applicable new taxes imposed upon services, !1 expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the ENGINEER's ' compensation. Progress payments may be requested by the ENGINEER i 4 based on the percent complete. Requests for progress payments f will not be more frequent than monthly. C. ADDITIONAL SERVICES: 1. For Resident Representation and Inspection During Construc- tion and Construction Layout For the resident representation during construction and construction layout (Section IV.I), the ENGINEER shall be paid based on the Schedule of Charges shown in Attachment A. Payment for resident project representation and construction layout shall be due and payable upon submission of statements by the ENGINEER. Statements shall not be submitted more frequently than monthly. j -10- ~ y 1 F)i a 2. For Other Additional Services For Additional Services in Section IV except resident representation, the ENGINEER shall be paid based on the Schedule of Charges shown in Attachment A. Payments for Additional Services shall be due and payable upon submission l by the ENGINEER. Statements shall not be submitted more frequently than monthly. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1% per month from said thirtieth day, and in additiol,, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. SECTION YII TIME OF COPIPLETION j` OWNER and ENGINEER agree that the time of completion cannot be defined at f the time of execution of this contract and shall be made a part of this Agreement by means of an amendment executed by the OWNER and ENGINEER. i SECTION Vill ii OPINION OF PROBABLE CONSTRUCTION COST 1 The ENGINEER will furnish an opinion of probable construction cost of the work, but does not guarantee the accuracy of such estimates. Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian con- s siderations of operations and maintenance cost prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and f qualifications and represent ENGINEER's best judgement as an experienced and qualified design professional. It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or I services furnished by others or over market conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of Reportcmusty of onecbe constructed or work essity be speculativetuntilpcompletionnofhitsadetailedhe design, Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder, f I r. y 1 :r y ~m 1 rr^.s. iv.RlR~ Y SECTION IX REVISION TO PLANS AND SPECIFICATIONS 1 The OWNER reserves t~ right to direct substantial revision of the Plans and Specifications atter approval by the OWNER as OWNER may deem necessary, but in such event the OWNER shall pay to the ENGINEER gust and equitable s compensation for services rendered in making such revisions unless such i revisions are necessary due to ENGINEER's lack of diligence or care. SECTION X 08SERVATION AND REVIEW OF THE WORK The ENGINEER will endeavor to protect the OWNER against defects and de- ficiencies in the work of Contractors, by observation of the work as it j ' progresses, by interpretation of the plans, specifications and other contract documents to and with the Contractors, by the disapproval of f defective work as may be observed and the issuance of stop-orders from the OWNER with respect to defective material and workmanship where they are observed, and the ENGINEER will exercise due diligence to assist the OWNER in requiring that the work be done in accordan;e with plans and specifi- cations; but the Contractor will remain independent contractor with the OWNER, and the ENGINEER does not guarantee the performance of such construction contracts. As set forth in Section 111, D.5 and Section IV.], ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. Also the ENGINEER shall not be responsible for the acts or omissions of any person except his own enployees and agents at the project site or otherwise performing any of the work at the project. SECTION XI j OWNERSHIP OF DOCUMENTS i I \ ~ t 1 All documents prepared or furnished by ENGINEER (and ENGINEER's independent r j associates and consultants) pursuant to this Agreement are instruments of 1 service and ENGINEER shall retain an ownership and property interIst here- in. OWNER may make and retain copies for information and reference; how- j ever, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse by OWNER without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out I of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. i I t i -12- i s ~ 1 I P SECTION XII INDEMNITY AGREEMENT ENGINEER shall indemnify and save harmless the OWNER and Its officers, agents, and employees from the liability of the OWNER on account of any Injuries or damages received or sustained by any person or persons or I property, including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts cr omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, or performance of this Agreement. In the event of liability from suits, actions or claims arising out of or j occasioned by the negligence of both the ENGINEER and the OWNER, their agents or employees, in the performance of this Agreement, each party shall contribute toward the satisfaction of the liability its propor- I tionate share, which share shall be equal to the percentage of negligence attributable to the party. i SECTION XIII i III ARBITRATION 1 No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without their approval. ~ fff! SECTION XIV TERMINATION OF CONTRACT The obligation to provide services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substan- tial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. SECTIOI4 XV I SUCCESSORS AND ASSIGNMENTS i OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER II are hereby bound to the other party to this Agreement and to the partners, 1 successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. E ~ J 1 .13- 1 t: r Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, out without limitation, moneys that may become due or moneys that are due) this Agreement without the written q consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any F written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. Vothing under this Agreement shall be construed to give any rights or binefits in this Agreement to anyone other than OWNER and ENGINEER, and all { duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other pa'ty• This Agreement (consisting of pages I to 15 inclusive) constitutes the i entire Agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. SECTION XYI q 1 The following Attachments are attached to and made a part of this Agreement: € Attachment A Schedule of Charges i This contract is executed in two ranterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the day of ~ j,P)L, 1988, ATTEST: CITY OF DENTON ii Owner By: I ATTEST: FREESE AND NICHOLS, INC. Engineer By: y ~C A8 TO FORM: -14- CRY ATTdBiEY, CRY MON, TWS BY; . y r.:.... ATTACHMENT A i I SCHEDULE OF CHARGES 4 SPECIAL SERVICES Staff Members SaIarY Cost Times Multiplier of 2.3 r Aes en epresentat10n Salary Cost limes Multiplier of 2.0 i Salary Cost is defined as the cost of payroll of engineers, draftsmen, s stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to the project, plus social security contributions, unemployment E compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.41365 times payroll. This factor is adjusted annually.) Actual Cost Times Multiplier of 1.15 Other Direct Expenses Other direct expenses shall include printing and reproduction expense, communicat+on expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to { be done by independent persons or agents other than staff nembers. ) n ,i i •15- tt } k4 F i1 Ft 2873L * i ORDINANCE NO. - --s~lh- AN ORDINANCE -AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR IMPROVE- MENTS TO DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i i SECTION I. That the Mayor is authorized to execute Amendment Number` One to the agreement between the City of Denton and Freese and Nichols, Inc. for professional engineering services for improvements to Denton Municipal Airport, a copy of which is I attached hereto. j SECTION II. That the City Council hereby authorizes the i expen tu-3~ re o-7funds not to exceed $31,275 in the manner speci- fied in the Agreement. SECTION III. That this ordinance shall become effective imoe3latQ y upon its passage and approval. E PASSED AND APPROVED this the ` day of , 1990. V V RAT r ATTEST: f "Z&r4 r uITY e APPROVED AS 'T'O LEGAL FORMS DEBRA A. DRAfOVITCH, CITY ATTORNEY ' i OL BYs.. t wv~ I N WWI r 9 Deese JAO,O 1 `L i AND w 1 wa11 Ii C INC. aNY KID, Pt in 7t Nichols. CAW K owtA PA CONSULTING ENGINEERS RMV F. P04M I1. THOKM C 00004 11 MKKAft L WNW, P1 CAP" K Wt!Cr..', Il 1 1~ w~ns,/LNovember 10, 1989 i "'L pu°~W,,ri" t A 41t KW 144 P4 MKMU 0. MOMDOK CA 410A OOflXPA t 0414 MIL MA COY w VMCK CL Mr. Joe 71tompson "VM" IL WNOORlk 1.4 Airport Manager Denton Municipal Airport i Route 1, Box 100 Denton, Texas 76205 Re: Denton Municipal Airport Infield Drainage Improvements Dear Mr. Thompson: Freese and Nichols is pleased to submit this revision to the Contract for engineering services associated with the Infield Drainage Improvements at Denton Municipal Airport. Attached are two (2) copies of the Contract Amendment, one should be signed signifying your concurrence and returned for our files. The lump sum fee for the identified scope of work is $24,833.00 for the Basic Services portion of the contract and a lump sum amount of $6,420 for field surveying. A task/manhour summary sheet Is provided for your review and InformAtion. We are ready to begin work on this assignmtnt upon your notice-to-proceed. Please feel free to call if you have any questions. Very truly yt,urs, FREESE A1`'D NICHOIS, INC. Jerry Z Fleming, Pa j } V e Pres} o 0aul rop- I JLF:pke.37 attachment I e I r u f { TWPHONI $IP 1*7161 111 IAAMAII MIT KM 1NOOK TM mcal 11f M mo all a9,1100 FAX h7 MW I T -!7 I ~r y @owl 1 ~I 4~,y Ma" i i . DD?m MMCIPAL ADRPM TA9f/Ia141LlIt =#M NO4OW 1,1989 SliCl'ICM III F BASIC mm= ~ ~ STUDY i ROM mkn PIC SIX l11G AST IM BNO TIM WORD PROC MIS 1. CM= DATA 3 2. AM OM. 4 3 t 3. SM VISIT/SAM 8 4 1 mm C0NMICN 5 5 5. mu" ARSA.S 4 5 , 6. NYDIlC4CCY/HYDRAfA.ICS 8 4 E 7. DN. ALTM. 2 12 5 r 8. 1~i M/SM. Aire. 4 1 16 j f MIOR PICISE 4 g 9. Wk PLANS/SPECS/OZT EST 6 48 1 10. 504 MM MMTIM 4 4 1 SS ~ 11. 90wum/SPDCS/cooT Col' 6 112 12 16 146 12. 90% RLVIW MM77N0 4 4 13. IOOWIM/SPIR,'S/006T Jwr 2 30 20 4 6 1 14. m CITY/PM OCI"m 2 S6 f 15. 1'II01= own. DOC. 8 2 i! j OITtllIINCi M mu 2 10 16. cm DURIW AD41g! M10D 1 2 I 17. BI0 CF2= 4 4 3 1s. RE 3w BIDS 8 19. MY. OXMCP DOW. 1 9 3 20. PNK MTP, Opllt~t= 3 ~ 21 011lRAL R10'!!~'ATIQ! 2 6 22. w DW. REVI11w1 1a ! 23. mu D19PDC!'ICN 6 14. PROOl9C1' NAMCIN 25. QtW 7bta1 M 2 10 8 20 1 4 56 316 32 24 432 am= 70M LAept s22,230.00 t ~ a~l 880.00 CQWA Cenerm b $170.00 Ptia 81,673,E0 Dow" CA boon" $100.00 TOTAL 1xPm $600.00 $2,625.00 TOTAL BASIC SDt en $24,855.00 SPI9CSAL S311YICIE field Awfty $6,420.00 IMAL SPCCIAL OMC19 06,42E-00 i + I s' S r t AMENDMENT NUMBER I TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR AIRPORT IMPROVEMENTS M i` The Agreement for Engineering Services :ntered into and on the 20th day of aabF December, 1988, by and between the City of Denton (OWNER) and Freese and Nichols, Inc., (ENGINEER) shall be amended as set forth hereinunder. The said Agreement is attached and Is hereby amended by the addition of the following to Sections III.B., Basic Services - Study and Report Phase; I1I.C., Basic Services - Design Phase; IV., Additional Services; VI.B., Compensation; and VII, Time of Completion. This Amendment describes the entire scope of services to be performed for the Infield Drainage Improvements only and shall read as follows, to wit: III.B. Basic Services - Study and Report Phase, Infield Drainage T----- a. sE Consult with OWNER: (1) to review the scope of work, (2) to verify the OWWER's requirements for the Project, and (3) to review available data. b. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist the OWNER in connection with any such services. c. Provide analyses of OWNER's requirements for the project, as verified in Paragraph a., above, including planning, surveys, ! site evaluations and comparative studies of prospective sites and solutions. r d. Investigate up to three alternative designs for infield storm i drain systems for the following areas: Area 1. The southeast area of the airport consisting of inlets and pipes intercepting water east of the taxiway and in the infield area between the runway and taxiway. The discharge is west of the runway. E Area 2. The inlet and pipe system located entirely on the west side of the runway. Area 3, the storm drainage system in the most northerly area of the airport consisting of two inlets in the infield between the runway and taxiway. The discharge is east of the taxiway. Area 4, The mid-section infield drainage system with inlets , located both south and north of the middle connecting taxiway. Discharge point is east of the taxiway. 1. I JIMA- a tJ a Alternatives will consider possible pipe alignments to be compatible with future airport improvements, safety, maintenance and construction costs. Sketches of alternative designs shall be developed and presented to the OWNER in a meeting for consideration and selection of a preferred design approach, The OWNER shall identify a preferred drainage system approach. III.C. Basic Service! - Design Phase, Infield Drainage Improvements. a. Develop detail plans, specifications, contract documents, designs and layouts of improvements to be constructed for the Infield Drainage Improvements. Plans and contract documents will be prepared so bidding on each individual drainage system can be identified. Drainage design will be based upon a 5-year storm event. City of Denton drainage standards will be utilized where possible. b. Provide the OWNER with advice, when requested, with respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface ! explorations; however, the making of such investigations and the interpretations of data and reports by special consultants 4 are not a part of the services to be rendered by the ENGINEER, and the cost therefor shall M paid by the OWNER. The ENGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing or 11 inspection of materials, witnessed tests, factory testing, etc., for the Project, but the cost of such laboratory tests or inspection shall be paid by the OWNER. c. Furnish the OWNER when requested, the engineering date j necessary for appitcations for routine permits required by local, state and federal authorities. Preparation of detailed applications and supporting documents for government grants or i for planning advances will be provided as Additional Services. d. Submit plans, specifications and contract documents for review by the OWNER and the Federal Aviation Administration (FAA). Review submittals will be made at the 500 90 and IDO percent levels of completion. A review meeting will be held with the OWNER and FAA at both the 50 and the 90 percent review levels. I Two (2) sets of plans and specifications marked "Preliminary" ( will be submitted to the OWNER and FAA at each level of review, f e. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project, 2 -N -1110MV ' i r f. Prepare opinion of probable construction cost and bidder's proposal forms ( proiect quantities) of the infield Drainage Improvements to be constructed. g, Upon receipt of final approval in writing from the OWNER, the ENGINEER will provide the OWNER forty (40) sets of copies of s "FINAL" plans, specifications and bid documents. As directed by the OWNER, additional sets of plans, specifications and bid s documents as are necessary in the receipt of bids for t construction and as are required in the execution of the project, shall be furnished by the ENGINEER and. shall be paid for by the OWNER at actual cost of reproduction.. IV. Additional Services, Infield Drainage Improvements: Field surveying shall be performed for the preparation of designs, drawings and olens. Existing benchmark data located on the airport shall be used to establish survey control. t Other Additional Services as listed in Section TY of the Prime Agreement may be requested by the OWNER. ; Vt. Compen••tion, Infield Drainage Improvements: l Compensation to ENGINEER for the work defined above shall be as e follows: A lump suns amount of 524,855.00. 1 ' Basic Services: Additional Services: A lump sum amount of $6,420,00. Other Additional Services, Based on the Schedule of Charges, ~ If requested by OWNER: Attachment A of the Prime Agreement. I' Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the EWGINEER's compensation. i Progress payments Remay questsgfortprogressepaymentsRwillenot behmore percent complete, ~ frequent than monthly. of' C lotion Infield Drains e T rovementss } Time Yit. Time of caution for the services described above shall be 90 ` days (exclusive of review time) after the Notice to Proceed is received by the ENGINEER from the OWNER. E t g I 3. i 1 l j 71 1 • 1 FF All other provisions, terms and conditions of the Agreement for Engineering Services between the City of Denton and Freese and Nichols, Inc., which are i not expressly amended here, shall remain in full force and effect. This Amendment No. 1 Is executed in two counterparts, on this the day of 1989. i ATTEST; CITY OF DENTON OWNER BYs ATTEST; FREESE AND NICNOLS, INC$ ENGINEER By! 1 f~ y k I E 1 i i f i 4 i i rw _N 7 IF i a r wc~ ~ EXHIBIT A f Duties, Responsibilities and Limitations of Authority of Resident Project Representative i i A. General. Resident Project Repecitntatlve is ENGINEER's Agent, will act as directed by and under the supervision of ENGI• I NEER, and wiltconfer with ENGINEER regsrding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall In general be only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall only be through or with the fuTI knowledge of CONTRACTOR, Written communication with ' OWNER will be only through or as directed by ENGINEER. B. Duties @ad Responslbimiltte. I Resident Project Representative will; i 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared i by CONTRACTOR and consult with ENGINEER concerning their acceptability. i 1. Coeternun Attend preconstruction conferences. Arrange a schedule of progress mtatingsandotberjob conferences j as required in consultation with ENGINEER and notify those expected to attend In advance, Attend meetings, and maintain and circulate copies of minutes thereof. J. Vafjont a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superiniea• j dent and assist him in understandingthe Intent orihe Contract Documents. Assisi ENGINEER In serving as OWN Me liaison with CONTRACTOR when CONTRACTOR'soperations affect OWNE111'1 on•ske operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional details or infosmtation, when required at the job site for proper execution of the Work. 4. Shop Drawings end Samples: a. Receive and record date orreceipt of Shop Drawings and samples, receive samples which an furnished of the site by CONTRACTOR, and ootify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or its superintendent Immtditiely of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approvtd by ENGINEER, I t S. Reviewa/Work, Rekcr VICIsjerriveWutli.I tprrrlrutsrindTesm t a. Conelucton-slit observatIons ii Work In progress to as list EN GIN FERIadelerntlnfttgIf the Work to proceed ins k in accordance with the Contract Documents and that completed Work will conform to the Contract Documents, b. Repon to ENGINEER whenever he believes that any Work Is unsadsfaeiory, hidty or defectivt of does not conform to the Contract Documents, or does not meet the requirements of any Inspections, teas t,r so v8I required to be made or has been damaged prior to Ii payment: and advise ENGINEER when he believes Work should be eorritmed or rejected or should be uncovered for observation, or requires special testing, Inspection or approval. 1 c. Verify that tests, equipment and symeri startups and operating and maintenance instruction, are conducted n required by the Contract Documents and In presence or the required personnel, and that CONTRACTOR maintains t adequate records ibereci observe, record and report to ENGINEER appropriate details relative to the last procedures and uartups. d. Accompany visiting In:ptctors representing public or other spacAs having judecliction over the Project, record the outcome of these Inspections and report to ENGINEER. 1 4 , I 01971by National Society of Prnhu ritil kma;oti 204 K St., N.W., Wsshinpon. D.C. IOt7oa i NSPEIACEC'ASCE: PuhiKuiue No. 194414 1974 Wit-cm 1 4 i V r ('r 1 wa. AMA NT Of TRAWW"TATION. FIVIIAL AVIATION ADMINISTIlAylow Gus 6.5. 00.0101;4 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1, fodwall Dionesfk AsIIstomc• Ce+alog No 20.106 2. FunNionol a Orher Brookout j SECTION B - CALCULATION OF FEDERAL GRANT i 'I Use ad, IV eevleien, m Fa s, Celt c Ie lliflt e1lee Am et L Ile $I A##, *,a4 Ae.eVM 1 M I'1 , t ~ I. AdminiNrelion el~yense S t S ~ 2. Plot :minaryoepeese I E 3. Lo,40Udures, ri3h4of-rey i 4. Alchileclurai endineelina basic feet f S. Other architoctufal orl;ummi fees 25,000 t Project inspection lea ~ 15,000 I T. Lend devefaPelenl ~ i 1, RebeNion Eepenses 1 1. Relocation Ppmeflts to IndiMuels A% Basinases 10, Damolitioc end umovat i 11. Coflatrvdionandpro)ectieprovement 243,000 12. Equiplaellt 1S. Misceltaneoua I 14. Total (Lines I I "h 111 3331000 1S. Eellmeled Imm (it applicsWo) i It Not Pro)cd Amount (llnl N 01001 15) 17. Lou: Mki1111e Eattuda+s It Add: Call n I I 14, Total Pro AmL(Eulua RehabilitalionCrarda} 20. Federl Shot tepiiom of lints It 300,000 21. Add 1110*111191m Orals h led 100 Percent) r 22. Total Federal al »4uesled (Lives 20 i 21) 300 000 23, Oredec shoo 24, oft shim s LS. Wd Pajed (Umes it, 23 S 24) f S S 373,000 AAPoo,100•100 is ell IUPROJIG91 PAA P011N ,140.10 PA0I6 I TnAu a Peel 4 ' 1r i • 27b6L i RESOLUTION N0. X89.0 -~1 { A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION IN THE, AMOUNT OF $300,000.00 FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT PROVIDING FOR AN EFFECTIVE DATE, ; AND } WHEREAS, the City of Denton has submitted to Federal the Aviation Administration an application for federal assistance for a grant of federal funds for a project for development of the Denton Municipal Airport; and WHEREAS, the Federal Aviation Administration has approved a project for development of the Airport consisting of the construction of drainage improvements; and the CitRyEof Dent nedarGrantiOff r imini Thousand the tamoution nt ofeThreeiHundred ($300,000.00) Dollars for the construction of such improvements; NOW, THEREFORE, HE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONt SECTION I, That the City of Denton hereby accepts the Grant I Offer an agrees to comply with all of the assurance@ and conditions rontained in the Grant Application and the Grant Offer, and the City Manager of the City of Denton or his designee is hereby authorized to execute such agreements. SECTION II. That this resolution shall become effective imam a33& or u'p;n its passage and approval. PASSED AND APPROVED this the Loday of { 1989. J aY enu, ayor ATTEST: Je~~+ 4'40 ra, 0C e a % APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH r BYt G~~r ~e ~T K Cyr.'+.r• , i Page I of -4 pages GRANT AGREEMENT FOR DEVELOPMENT PROJECT a Put 1 Offer h~+r+ Date or Offer, Aue i ( 1189 f Airports Denton Municipal ' j Pro;ecl No. 3-48.0061-04 3 Contract No, DOT FA 89 U-8818 I, TO: The City of Denton, Texas (herein referred to as the "Sponsor") i FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application ( alto called an Application rot Federal Assistance) dated August 3o, 1989 , for a grant of Federal ! funds fora project for development orthe Denton Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA Is hereby incorporated heron and made a part hereof; and f WHEREAS, the FAA has a proved a project for development of the Airport (herein called + the "Project") consistinj of the folio wing-described airport developmem: Miscellaneous drainage improveasnts, { 1 . 1 all as more particularly described In the proppee,:y map and plans and speciri:ations Wor- porated In the said Application for Federal Assistance. FAA For* 5100.11 ( 2.88) pevelepsnt or poise progrs% I 1 -Coup ` e y a t i * r Para 2 of 1 Pain 1 MOW TM UORE, pursuant to and for the purpose of car ! Of the Airport and Airway Improvement Act of 1992 ryout the and Airway Safety and Ca~cikY ~ Provisions Aot, and/or the Aviation Safe as amended by the Airport passion Act of 1987, herein called the Consideration of (a) the S Safety and Noise Abatement Act of 1979, and in representations and s avraaoo oooateinvdiia iaidrProjeottApplof the and t aoceptanoe of this Offer is hereinafter to accrue to the Vnited States and thn its i Project and compliance with the asturd pnce 10 srcandvidmed, con the sad conditions (b) pas the hereinoy benefits Tlti lED1CRAL AVIATION ADMINISTRATION, rovided, M MUY OFFERS AND AOFt M FOR AND ON BEHAU to pays sa the United Shat share THE UNIT ED aTk ball costs incurred in acoamplishing the Project, ninety percentum of all allowable project costs, y e hh f This Offer is made on and subject to the following terms and conditional r Coaditiocs 1. The maximum obligation of the United States payable under this offer shall be $ 3UO,000. it 2, ' The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. J Payment of the United States share of the allowable project 00816 will be made pursuant to and in accordance with the provisions of such ! regulations and procedures as the Secretary shall prescribe, Final Audidetermi Of then States share will be project costs based settlementav1ll be made for any upward or downward adjustments to the Federal ahare of Costs. 44 The sponsor shall carry out and complete the Project without undus delays and 10 Accordance with the terms hereofs and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the AssuranCSS which were made part of the project application. The FAA reserves the right to rend or withdraw this offer at prior to its aooeptsn0e by the sponsor, my time 61 This offer shall empire and the United 8tates'ahall not be obligated to PAY mn Part of the Coats of the project unless this offer has ban , accepted by the sponsor on or before subsequent data as may be prescribed n rr t ng y t s or such FAA Form 5100-57 (2188) DIwlopment or Noise Program i 4 f Page 3 of 4 Pages 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this ` grant agreement, the term Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any { other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the mount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlaeat, order or judgment, to the Secretary. It shall furnish to the Secretary upon request, all documents and records K, pertaining to the dsteraination of the amount of the Federal share or to y any settlements litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 6. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. The property map referred to on Page 1 of this Grant Agreement Is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached to the Grant Agreement for Project No. 3-48-0067-01. 10. The plans and specifications referred to on Page 1 of this Grant Agreement are the preliminary plans approved by the FAA on August 18, 1989. I.I. The Sponsor hereby agrees that it will not advertise for bids, award a Q contract or commence construction of any development in this project until it has submitted final plans and specifications satisfactory to the Administrator for such development, and such plans and specifications have 1 been approved, It is understood that the United States will not make nor J be obligated to make any payment for such development until the Sponsor has submitted such plans and specifications and they have been approved S as herein provided. The Sponsor further agrees that it will submit said 1 final plans and specifications to the Administrator no later than 60 days { r from the date of this Grant Agreement. t t i FAA Fora 5100-37 (2.98) Development or Voiss Progns 1 f E i ti 1 i ti p page 4 of 4 Paget The'SPonsor's acceptance of this Offer and ratification and adoption of the Project , Application Incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as bereinafter provided, and this Offer and Acceptance shall comprise a Grant Agresstent, as provided by the Act, constituting the contractual obligktions and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA PEDERAL AYIATZON ADMINISTRATION i (Title) Manager. Safety and cram fich Part It - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with sit of the terms and conditions in this Offer and in the Project Application, Executed this 19th day of September 1989 i THE CI OF DENTON T ) S i 1 (Name of osor) (SEAL) By ponsor's Desi nated Official S presentative • isle City Manager Attest, E f Titles Deputy City Secretary CSRTIFICATE OF SPONSOR'S ATTORNEY to Debra Drayovitch , acting as Attorusy for the Sponsor do hereby certifyi f That in my opinion the Sponsor to empowered to enter into the foregoing Greet Agreement under the laws of the state of Texas Further, I have examined the foregoing Grant Agreement and the actions taken by estd sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly autborised and that the execution thereof to in all respaets due and proper and to accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. further, it is sty opinion that the said Grant Agreement constitutes a Iaga1 and binding obligation of 1 the Sponsor accordance with the terms thereof. Dated at this day of 19. t Signature of Spo r s Attorney L' F FAA Fort 5100.37 (2/88) Development or Noise Program 1 F i . r . 1 fiaBRAt ASSISTANCE ' • ' a~ . N a op CATM CA sum""" 0 mt=cpwwmmmw AM 9 d Q mmvntp4110te a Gqt Aa io 4► wt1E aw ®A►RQAaon 1184 8 an ary~° AMiMD r"' ""'1 ra to aawt 4. Lftft aQ~a VA CITY OF DENTOt1 a soya pN 111 a , 1 aat"I ae. 215 E. MQC[NNEY 75 -6000514W a a DENTON • 2 0 p ttltr. TEXAS a 0I DMAW ENTON & VA a am" Awm pwr JOE THOMPSON s 76201 mm amw a FMAI1MU Ia~L1M1~ (817) 566-8419 ► Tnu Tftu fMruGVrt a +1tou~CT aw mom N of w trw w AIRPORT IMPROVEMENT PROGRAM / W AAA a Y alwwe,,, tf M S. Tt411 Or A~Rtf, nMCY@R mow. DRAINAGE IMPROVEMENTS a...ref■... t.srw w. ~+w ow A•St~t ` ow.. ✓wrs r..ras .ws we! a+• 1~r~~rr lirr . E I +t1Or MMtArIb- ~.....r.oe " 6-0110 rAa~osso Rapp ti 1a ODff011prtD►lAl Dow4ro OP. Ia rOW CIP AMNCATpN N. L a ANftxYWT a 33 000 so 26 26 e.*r mw It. I" OP rMr . dww pti'4wNy A>t IL ~MIpA1i,'Tbw ~ dw ~1fp11 a+w~7as ~F~ As 1189 08 30 6 Tw s 333 Doom MM 10. a rw. MOM do It Np1AL AG(,r 10 ISO MaaIT t}C • niatration oaDaangnRtetA~o h Re ion Air ort Standards Section IOrfTMTMKANO a Federal Aviation Adsiniatration 3-48-0061-04 y Fort North, Texas 76193-0652 a•ft~a~tla ADDED "r a oVIM f M~ a onoan lams MO t11a ADIt At1~W Oft A IItaw bbd NMMtranah a ar U11Ybrt r y ""w« a ►1a +*oo~Aw r wT 13 - felt 1110011 l "M MOT am I Q ton fnM a row MILK M 7 TIM 10 " {TATS POA Ilayllly Q MIA" VSWA JOS Thatpsonr Airport ! ► / str r AV as 1d sat A. AOTIDM TMOwI ANAA 0 16 H O 66 f wm- . . to and aw ww ar fwl4a11fi1 pm a PI ~ t Qa AM~ a TIOMfM. wrtObwr~wl rr I TO~o>1M01f a RAID Am 11 Q a PM1a L LODAL as AMMAta ADOlD Oa L TO AL L M ❑ Tu ❑ W » ~ t sonloM Am w O+W am%,j ,l. t NI) i a ~ I rj i I DIPARTA1INT OF TF.ANSFORTATiON • FIDOlAL AVIATION ADMINISTRATION ~ oMe so. ra•eu. PART 11 PROJECT APPROVAL INFORMATION r SECTION A ; Item 1. Does this assistance request require State, local, Name of Governing Body repion01. or other priority rating? Pricoy Rating - Yes _X No v , Item 2. Does Ibis assistance request require Stale, or local Nome of Agency or advisory, educational or health clearances? Board i. Yes X No (Attach Documentofiani Item K Does this assistance request require Clearinghouse review (Attach Comments) in accordance with OMB Circular A.95? Yes. y No Item Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date Yu X No E 1' Item 5. Is the proposed project covered by pn approved Check one: Stole _ s comprehensive plan? Local Regional Yes X No Locaf on of pion Item 6. Will the assistance requested serve o Federal Nome of Federal Installation ` Installation? Yes X No Federal Population benefiting from Projecf Item t. 1 Will the assi stance requested be on Federol land Nome of Federal Installation I or installation? Location of Federal Land Yes X No Percent of Projed - l from B. Will the assistance requested have an impact or effect See instruction for odditional informotion fa be { on the envirennenit - provided. 1 Yes X No (tee 9. Number of: . ff~ll lbe assistance requested cause the displocement of Individuals individuals lemilies, butineeses, of farms? Families - r # Businesses } V X No Forms Item 10. ! 1 Is tMrs ether related Federal assistance on this See instructions lot additional information to be project previous, pending, or anticipated? provided. . a Yes X No j FAAV"M !100.100 IH)I Ire/teslDSS FAA FORM Scoria Ma►S I TNIW T Page 2 4 i jr aaAJJ 1 F'I r~La r• ' f ' r DEPARTMENT Of TRANSPORTATION . FEDERAL AVIATION ADMINISTRATION OMa M0.04•ROtOa PAAT II SECTION C (SECTION 8 OMITTED) i 0 The Sponge herby represents slid certifies as follows: 1 1. Compatible Land l'se.-The Sponsor hat taken the following actions to assure compatible mast of land adjacent to or in s the vicinity of the airport: I 1. Airport height zoning ordinances f 2. Noise compatibility and compatible land use plans 3. City annexation programs t 4. Comme cial zoningy~ around air rt• 2. Defaults.-The Sponsor it not in de out on any obiiga ion to the L'nitedp~tates or any agcnc% of t]se United Sidra Omens. ment relative to the development, operation. or maintenance of sit) airport, except as stated herer'ids: t None i i 3. Possible Diubilities.-There are no facts or cireumstance. (including the existence of effeel'ne or proposed lease., we Noe other legal Instruments affecting Not of the Airport or the existence of pending litigation or other legal proreedin ti 'W in rawn+ble probability mithi inske it ins sAble foe the c f Is dam of Put V of this Application, either by limiting its legal at liinanGato Corr) owl and complete the Pro ed l ability or otherwise. except a* oilowor cam out the None 1 4. Land.-(a) Thai Sponsor holds the following property interest in the following seem of land" whieh ace to be develolwd i or mud u pact of or In eorutection with the Airport, subject to the following exceptions, encumbrances, st,d adverse intere.t+. all of which an" am ideetlfwd on the atbaatinsivivill property. map designated u Exhibit "A" j Attached to the Application for Federal Assistance attached toothe Crant Agreement for AIP Project,3-48-0067-0 1. rI Fees simple titles Parcels 1,2,3,4,5,61C and D. t Mte ele ottero ropaty inlenu to WA am sad list sod fdenf(/ of owy kkd end gear, (Acfadiag fie", swemeafs, leans, tie. Ae "parefrall e;r if lead n"d only be ideniViNd here 1 i~he ~ ON Ram" shorn on the properly asap. 11AA Fwm 6100-100 i*las Pap 34 .1 I I ,,w 7 , I ~ e DEPAATMENT OF TRANSPORTATION PEDEPAL AVIATION ADMINISTRATION F oral No. a•noaoa PART 11 • SECTION C (Continued) nJor i~ ~Thy 8xiorn further certifies that the abae is Lased on a title elimination by a qualified arturnn or litlr company rnd tlwt t ash attorney Of tide eompan) has determined that the ~ponwr hold. the abort property intere+tr. (L) The Sponrur W01 acquire within a rea:onablr time, but in and scent prior to the start of am conAroction work the to fit, the following properly interest in the fullowinF area of hnd' on which tacit 100.tNCtiOn wpfk IJ 10 be pcrformedr all of w~ich areas are idealifie on the aforemeoGoned property map de.ipated a. Exhibit r t None i I t i i E it) The Sponmv will acquire within a re"nable time, and if feasible Ior to the comppletion of all construction work under the fl*T1, the followily property Interest in thr following area, of land which are to Lr derelu d or w connection with the Ai as it will be upon romplrtion of the Project. all of which arras are ident&ed on Lite of ementioned f property mapdedjnaiedaeExhibit'•A": 4 Nona 1 r S. Eadwh'e Riahb,-Then Is no pant of an exdurhe r d for the conduct of an) aeronautical aetiritl at any airport 0wnr4l or eonlrolled by the $powor except a follows: l Nona l I t dSfdfe t"01.h► 0J/rop01 f r tnlaerf fn aaoA am and fiat aaaf (denr JJc Joe eorA aft errrpffonr. encYnrAnncee, aed adlYru in)rrerrs I of dray kind and 1iaelan, fncfudinp hens. gaearenh, bast, etc. Ae uparafe area of land need only k Iddatifwal Aen it the and aa"bort aAoana On the property erdp. PAA pant 1100-100 Para I pate 3b l+ S `z • D&ARTM6IT Of TRMSFORTATtON • FIDIRAL AVIATION ADMINISTRATION Duo Nosa*tu+ PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Doetostk Assistance Catotoo No:.... . 20.106 2, Funetieml or Outer Brwlleut . . . . . . SECTION B - CALCULATION OF FEDERAL GRANT ' s Tad Celt closairigm4ft La.a Appal ` Adive"m q,.ufed ' ' Auy,rn e w j 1. Adr+inistralion esDense S S S I a 2. Prdi~inary esyense 1 ! 3. La+ld,shucluros, rilht•ol-Watr i 1. JUehdtaulal tnlineelinl basic fees S. Other uchitecturat enlinterinl lets 25-,0--00- L Ploject inspection lets 150000 7. LW derNopa eol 6. Relocation Eyenses 9. Relocation pgmb to Individuals set Businesses j It Oeuotitlon and reeawl i f 11. CoRstrudiodow projeditpovestall 293,000 12. Eowpmd j~ . 19. IAfeelleoeous # 11. Thai (Lion 1 h 11) 333,000 j 1S. Edindod mow (it amica0le) r IC Rd Projed Amw (L [me 11 mWa IS) 12. Las; IReliigiAle Euloilm IL Add Cfdi a 19. TotelPro AmL(Euludi ReheAililationGuels) 333,000 { 20. faleral Share reBresled of Line N 300.000 _ i 21. Add R" 14946 Gulls Re"oed 1100 Percent) j 22, Total FedNrl ant nOnsled (Liles 20 i 21) 300,000 2L or** Men 33,000 1 21. 06m sA w" i 3. Term R+eled (Lifts A n A 21) f f f 333,000 PM P«w IMI•MI N IR fu►eRNOte FAA FORM 0100.10 MOIL 1 TNRY T Pop 4 r i Fa L ~Yb~ F I 77~ ele D f C FART NT OF TRAN"TATION . FLDIRAL AVIATI N 4 Or~wO 1>R;~.. SECTION C - EXCLUSIONS 1 I 1 _ i CIu/Nk~rl~n In,ly lk lw tat mld l,MR AYlk yNiM CAM III«M„1r'.II•'~~ 1 ' i 1 L b r r• i e. IVRIa " f SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Granite Shag S j t Securities " 0. woAlties t. Approprittiane (By Applicenll 33,000 e Bands _ l I. Tax Levies i I. Noe Cash - ii .OtherlE tin) I h. TOTAL - Granite shire i 28. Other Snares a Sitle j a other C. T*W Other Shms 29. TOTAL S 33,000 SECTION E - REMARKS For Project Narrative, See Preapplication 1 P PART IV - e I R RAM NARRATIV Anaeh FAA F tr t' awl100. Iafa r 10! w taleaa rya Pont 11M It rAau r r,Iau a PeOf 5 yS A ore 1p~ ypa S @1'. Y{ / nAT Y , As60incu 00114 As00q Spoaora of Develepaaat or 101" ProRae Prolad4) 1. hmu as"rYNS W11 M eonpl/N wua L I" porrommeo of tAl followlag snot agroelatat k Airprl 40"lopsaas a44 ell" proem Lnplessas Ol" greets " •Srpen @pasaon. M. hard oelar"a/ are raeNs44 to As wYadn94 " fats aatlor W provisions at t" u pre of Ile Of prej 19N a 91 fill dad ;lit epsan t "See1 this this t Airway Rafo Rao hpsp eat ■ ryory anon ASevay Icproreesst Ant Of " aws OS Airport y p""L" Mt of 1917, Sr as Aviation Safety W 50100 alstesttt 601 of 1979. at of so "Wks" saalal" sey Us" aeoar"eel Isles 600 SPPliaass to a op"or "a to a pblic sgeny rIQ ' eastnl 0f a pblia-a" airport, i a' t8 7. Dalnet. j' of tae UPS "GWASOO Of the gnat alto by the SPOcAM ONO "sureness an h"orpntsd is sot seems part f Ir"t &Ma ine$. I. DV47101 ADO k"LICAMILIT7. f, =A1 121M 0.wale "t as Rases Pro roe ITILM"ttj Pro eoN 9abr tatos o hills s s or. The /t an! apt aNYraa6N • grant "ertaeaat a wens a serve. am l Sa one a • eat t roY t the 4 mural life of OILS facilities 111volap4 or staiptat aesahn6 for as airport bNlop"at ar "l" praeras laplw"stl" project, or thron6Aa,t W Ielhl life of W protest steel 1"41144 NLWS a facility Nadir S Roue progran ",lon00oatlas prejoat, but to ass Me% "t to areal %ony (20) pears Am Oe data of I ) 606P4ae of a greet offer of Federal lab for tW prowl. SSTs, Us" S1a11 M " lult as W tuntlep I •f tae a"am ga1"t stn"lve Items of she Ntr, wait 16", "a saunseoa with Its MOt to real property tatolnt NO fedsnl fans. hrthernan, tba duration of Os Civil Kehl "s4nace shall be of $pacified la the Nevr"ee. i 0. sposse, C~ IATI (CATION. t" apo"ar Alessi a"sna and oertlfles. with reopen to this Arta% thatt 1. Csponl )edoral Da usn"at . It w111 deeply wiO 611 opplicasle rsderal Iowa, regulerh00s, executive dram, pre sc ss, su ♦ lass an re4ulrmaala " they rolere to the Sppllcetlon, aeoopunro see me* of federal [ f"6s for Ohs preytat 1selNtlsg sat "t halted to the sal Sortep Pateral Lee/tletlep a. Federal Aviation Act or 1966 - 49 O./.C, 1901, at Led. 6 A. 0.Yls-loo4a Ads - 40 O.D.O. 276(e), s a• federal pair later 14alsms act rat i911 - n 201, at fy, 4. Natoli Aet - 9 U.S.C. 1901, 1 No o, VVaalters Ralooatiod 4get"ea W Mal pnpsry 6otulaltiN Policies Act of 1970. 42 V.S.C. 4601, t. Ftio"1 llstdns Pro"rsli" bat at 19H - Station 106 - 14 O.LC, 470(t). ' 6• Aras"1961e61 bat Nistoria Pr•e MUes Mt at 1974 16 I,D.C. 469 Orwgm 4690, A. flood Ilela Mr Proelettes Aat at 1979 • Swide 102(") - 42 D.1 0. 40116. 1. boubilitali" Rat of 1973 • 29 I.I.C. 794, i 1. Civil Digits lot of 1964 - Title YI - 42 LLC. KIM thmak 6-4. 1. Aviation Merely oat bleu Alatsbebt Mt of 1979. 49 0.1.4. 2101, An. i 1. AN keerWonuon Mt of 1979 - 42 1 LC. qOb ~p~9 Antttoatenl Version A" of 1944 - 42 DJ,e. 418,Aes' a. Altprl W "rosy lptaobonl All of 2911, r w14J. aj I'M. 9201, 21 ~g { a, powerp"al W 164"Irlal Awl No Fes of 1976 - Maetice 40) - 42 DA.C, 95737 p. gontnet York kilned am safety Seaboards Act - 40 I.S.C. 327, _t My. 1 4• Coplal Sbtlktos►"k Act - 14 I.I.C. M. r. little", Mviroms"W Palsy Ant of 1969 - Q S.LC. 4321, pt pen. e. Z rre6 species Rat of 1973 - 16 V.M.C. 661(a). !,1 i9. ! t. Kgta Ambit let of 1911 • u Lt.C, M r, • 71, 1t . jy. Rana"Notice Act, 196 42 O.M.C. 1241 f OtemtlN Ordsro, t r Ltawtln Omer 12372, 1e4rgowara"e41 Movies of federal Proe was. M"tive order 11246. "1 InT1 J II y"bt Opprbsly { i sedans Raaai"Leel. } C 49 CPO Part 21 - 1 t bf hilI of 1 U Civil liable dot let of 1964, of tha 0.prW" of Transportation - Ofbel"tt" at tlo V YS of Flo CLtll Ilgas of 1964. ~ i FAA Pots 9100.100 (4-49) 0.r•iop"at at Mae Pre6rab . Mile Apo"er 1 f~N 6 j j k i s 1 t i r NYtV~ l I { ey4 ja i r • i. 49 an Pert 7). pertia/pged by Rtdmrdty 3641ece4 it4rpri00 is Pro41rw. Jeprtaedl et TrueperutiN r { Mgrea■a- 49 Cn PaH 19 . tblfen gelNdi41 441 Idml prop H7 astuialti44 (or FoIero1 441 ►N.nlly Amulet ad ( g. H an Jan I - PMOdsns for Praleutalaatlso of Vast .to,. or Pen by. A9 Cn Pen 7 - oaerdmtoro or ouboedtndm.fd re P1110116 pailtilds at Public Iane p4444ed 1i 0.1. law N ortats feed r.J. f. M an part 9 . labor JtleasNf Providing Applied14o So Contracts C"Orixg 7.I.n13y ?seemed W Admitted Construction. 4. 49 Cn Pert 77 • ReNlserialut144 as W pads at IaNl44p in p 1s 9.sefl ties treat Federal haNeUl asaletwe, ratrw 144 AoslritiN baoeiries at t~ 1. 41 an part 410 - orn o or Peleroi C44tnot Crp"aace Profrw, r¢ul loploys"t oppnuhy, 1 laprtant at labor (7Nrn1 "d Mera3ydme4eN Catneties tpuinateou). 1. 14 On part 150 - airport Islas Captililit7 plwlag. a } 1• 49 an paH 79 - J•baraostf, Juspylw, Add Tolvat■y Qaltaland. r. µ an Fort M - Carp Prohnaes . 1.J. Nina T"eoto, Offi44 of tl■t1[44ea110 A44 01 Clro 1=lr I. A-07 • Cost hlsaipl44 ApplieAld b Create us Caotr■ru Pleb aloe and lord Cdvoreavats. b, 1.107. Dalton Jdtulrgeasa for asdets.944 to lute and Local Qover44Nts. e. A•121 - Audits. of $tssa Lod Local Co.erN.ets. t t fpcritle sonorities ntulrel to be latlulad la great adnedmtt, y cal of the skors tare, refuletions or dirrddro an interpreted by nfenaoe in us am% "WON%. 2, be atl111lb NI A I{ i~ --1i0- uthorl er ef~~pa Via, a_lor, It has 14641 autbarivy to apply for the resolution" Noll" of sidilar .cited has boom duly adopted or postedo and nary out W PropaN praldmt~ that a f avveralad body ■utboridlq the filial of that o pined N N ersuna3 alt et th. aplle.as a Ihorela;""*I eon /lnotla4 and sathoritles W "man ilgrlflsd Ad dthe official Npro atetlr.aef therapplin Atato eat 14 ion With the applies Loa act to provide .rah additional tafor44tled ■t sal be retutrN. J edger pert 4rasltlllt It W fufftolomt Peon Is Net to a p s. dmcilable for Wt parties of W grocer aNU this l f t o q 41411. It bon aeffleigf rude evall0la to onto" opentlos and N■latems44 of stand bled lector ths•dnn afrfeaedt WhiA It till on of ontrol. A. htla• It ba11a and qtU, 44ltahele sill eleIII, a rill 11n Naanaq oetlafaaN u7 14 W Jeenuq, to the leading ens at the esryon or y W 34erogy 1141 64111 title rill We 4N0trN. - food tltyet not" ?pos gLµwa4tioa pre)NU to 1e sarrb/ qt 11a W property at tM speuor, It holds "Itse aspNed at Will flr■ iprrrabo44alsroW to I"% tp41"Ift g•de er w proy opa Pilot PN.nI hap Psis be ad tl,i I he a ril N e4141aed. 1. P aanlatr ntlu W hnore. 1. 11 will let 14kf or nl Peden a4dm0"y u Perron p 1 of M some, a lli 1, WA 14 mod" to of say or the rights v %W ~ the rrltua apnea, of Ilse All of Wi strata. NMtllw eon "named" to of gnat yn44omt dtlest rights It 41410 of rl y.0" Will Let prgpty w a Portentous ah of opeily say ale Manes 'i Iede 1s. a ows.r 4NS ~ of s N1A ro4o,4 fa14rfsn Pith trek pdrlowdmo a W sp0"er. Vale 4h■11 be PIa14t 14 W Men14y. 1. It will 441 11111, 14400. "11sNbor or sue rlN :rgNfer or Iis lattna14 to W Property stair " b"bis A 14 ibis 11p 11441144 ef, for t w144P W pH of its tatlt or other plases that portion of Le Property rp" tMok 1Nonl Its" bare boom N Pro41r44 isof 01tgem prop44f, 114441110", eon tNrr4411N fa W 64aa1 yfgyatt 11 11100% Nl~NNod, for No Irn410a of the eerg, by he Foantefp 14 be 411411144 least the Apport pat Air"), es st doanby, If the tnahno It !Quad oast afroNent add b bars tba poser, dmWH 7 fapror0"ci Peal Lt 1911 r 11Nt tbo 411164t1eN oulasklw. W $pester "ell talon to of 11q,not it IWeeeMe! teuatroioerf~r Utorf out all Not Real nQe44gt, , es J•4 141 of the apedNr"t fe14roet, w Arks fisades %pan me tra44fared all or W tome, onaiti44t, and afa4naeN Contained in this r PAA Pan 9100-100 .14.19) Rtvalop44t or Noted /spry - pa►lte Jpgter ' 1 rA 01410K] I I f t . e. Far all noise program Lplenoetetiom prejecu Alt► en to be carried cut y another unit of local E gnarswet or area property owed by A ottt of Los 1 /oreraarot other this the sponsor, it will rater late as Q streams with that psnrsrae. Legg ad Otherwise specified by the Secretary, that sanommet shall obligate 51 that Sentiment to the we tam. conditions, and asanaeu that would be applicable is it if it applied 4 directly to the FAA In a Front to madirtaks the salsa program Irylesaetatfos project. That agreement and 1 aha88es shuttle twat be satisfactory to the secretary. It Will take .tape to *along thin aanerst 88sines the local 90" It if than 18 Substantial ooaeeglfaxe with the tend It the agrewat. d. for win prosrem loplee ntalfom projects to he carried wt ns privately ovoid property, it will J muter lots me agteomamt with the weer of that property which Includes provteleas specif1w by the lecr tery. 1 11 will tab stops to saisne this elreeamat against the property @me rhesever there to substantial namcoglisace With the tam of the osn t. 1 a. Daloted. uma' ! I. If Be err to 060 for ornoat cad ~ aageman tsw spoootlom of the airport by say agency, eof porosa other than the apanaor or am emplyN of the opouor, the spomnr will nnont auf Pcisat rights end authority to Issues that the airport Will he opotatN "d maleselaed is eseordemea With the Alrpert wed Airway laprnesent Act of 1101, the nlvlstloma and the tat", :odittome and aoourauel It the grant sgreanoet mod shall loaurs that much Srrdogom60t alas ratmitot eomplfaeeo therewith. I g. Cometstote Witt LatA ►laas. 7118 Project is ressoosDly cams1101t With Plans (ealatiog it nha tins at nMtseln e Me app tcatfom o pvslte 884x108 that are 4utb6r1n4 by the state to Mich the project 11 I lusted to Plot tat the deraiopwt of the arms wrrouMltg the airport. for wages program feplewoobcla I peojnts, other then laid nslwisitia+, to low carried wt w propesq met second by the airport led over which i property another public agency has 1arA was control or authority, the sponsor shall obtala Iran each nth agency a written pelarattx that much Olney support$ that project $ad the project Is reasonably tonetltent sign the agency's plane regarding the property. 7. Cmaidentta of Local Iatorest. It has given fair tooaldentin to the Interest of eoovueltite es or Agar whit t project ncy eau i 1. Consultattec with gated. Is M%1nS a dectetoo to mdertate any airport developeent project under the Airport snTAirvap apranncot Act Of 19S2, it hue wMettekrs ressesetle eaewltatins With affected parties -IAS the airport at Mlc► the projrl Is proposed. 9. Public kst~tng. 1s projects inolvLS the luatto, of n airport, as airport runway, or a njor - AWAY eaunalon, It has aflorded the opportunity for ►utlle hearlyt for lest purpose of eonaidertag the oooslc, wctal, and eavtronrotal effects of the airport or runway lxatlua and its eoooldteaey With the gals r A objectives of $Wet Plnslns ca me Nu carried Out ►y the toomanlty. It .hail, when roelvaned by the Secretary, submit a copy ♦f the transcript of such bootlegs to the Secretary. I Lo. lam aM V pr dlt Stmodardo so projects Invoking airport locattoo, m "Joe runny oetenslon, or runway inset es t r prsr 8 or am oasraof of the seats S+ which the projett is located to certify Ia ' writing to the Secretary that the project will be twat". 4a$ISeed, treat rotted, and operated so as is comply w10 applicable air and weent %wlll$ Onadards. Is say eon Mere reek standards have mot bete approved and Mere applicable air and "tar twlltl standards best bass pratwlgated by the Adstaletntor of the twvlroaaencal smarties Agency, arultistlee shall be Nteleod Iran push Administrator. Notice of certification at refveal no certify shall be provided vials olsq days after the project application has Men received by the Iaeratary. 14 • it pro*tl lerolviss the eanstrwcttoi at aatemaiom of say runway at any general 4 avlattea airport end aeatde 8 ties NHNtiog two nwatlat Withta a steAle nan, It VAS :6061,44 approval 1 for the project Iran the gsncnlag body at all villages lxsrpaatN ruder the tang at that testa which are located "tit IS Wit►le Iles tilde of tM amdemst boundary of the airport, toe projects which lxlrp terminal dewlepncnt of a pwYlie ` it. Isa D wa an r is 1 sfrpon, Item, a t ♦ o tN as the project grant applleatlr, all the safety quipmmst totalled for eartlficatlnn of itch bit"" Mac "art" Sit of the Meryl Avlstlom Act of 1111 and dl the maturity otwlpmemt required y sale or lyslation, and heg praml4ed for modest to the pososagar esplamfag sad deplnlas { arms at omth airport y poaseagen osp1am/88 Or 4splastag It" aircraft not ehee etr carrier aircraft. t U. Ateesamtma Iyetam. AIM, End itmlsed►saltll Mwtraetomtd. a. It mull Map all project osaeeaN and ramnNa which folly disclose the amamet and dlapoilolam by the r4rlpl401 ti the precaeda of the Inot, the total tsar of the project to aamueetion with which the Steel to giro of masd, std On amawat and motor* of that portion of the ant of the project sw polled by athar oecrNO. nod nigh amher financial mends pettiness to the project. The Accounts and rSSSrds aC,11 be kept is Ace►Neace With as aaummtiy gmto that will lomlltests as effeekire awdls to sa60Nanco with the 10434 Audit amt of ► lied. . b. It shall make mila►le is the Secretary end the Comptroller Cenral of the United States, or ray of their duly noterina repNaoantlraa, for the put"" at audit and asomlncetom, ray became 4ecwee414, r papers, and records of the ram I lest that an paytfe4wt to the pot. The territory may rapire "t Sa appeaprisea atilt he estimated Cy a roatpNot. to aap asst is Which at lndapaMeat audit la reed, nd the I t FAA Ten 9300.160 (bH) k"Impeest or **N@ hogrom pokile Sponsor Fogs 1 I I 1 ( l / F4 F 1 .U. kf a f P Booounu sf s apeaoor rolatlaO to roe litpa/t3ae of US ►roo.N. eta Jn ens Misting to tee pro}eras to 1 esnswtlw Nth rllch Ue Onat use glues ee seed, I. shall Ella a eertitleNt coq of tech sudlt viii tee Comptroller 0emewll of us gaited Stet" dot !door Use f oaths following the close of ;be fiscal poor for whlek Us audit bad "do. 16. ' aldr Ydar4d. to real] Iec1Ne, is all eoatncu to amen, of $2.000 for wore " any projects !aged ad7"~gr't SaPO wt which Involve labor, provisions "to►liehlng dfai.ua rates of reps, to N JredsunisN to Uo 1110"tery of labor, In socard"" via Uo Darla-Je M Let, as odauded (40 I.S.C. 2766--2764-S), pith I"tne ton eball pay to mulled and waak111N labor, sod such mints" Mtge 64411 co 4 stated to the twitsume he bids tad "I be loaau " to propnsale or bih for the wore, IS. teuraaa,~nbr"w. It shall Laclede, la all eontroote for toerrt "a ores. Agroon"t which Involve labor, svice 4 ►t. Itr !aged ceder he supervisor u rra msoaavary ware t►a t. Is too Playwsc of hear ( (ngws1 is sescV. NO, sddlml6tntlre, and supervisory deait!"d) srofmue UGIi A dlwn to rneraaa of the Vietnam On and disabled wawa" u mimed IN Section SIS(o );1S aed (2) of Clio airport and dirtily Improved... Act of 1912. Sarwse, Uld s"for aft coal, apply 064 chain the ladivitualo see available Bad eualiflod to perfdn tin roA w which the rployaut rouum. 16.actC"fott•1t to ►l rd J elfkatioar. is will execute U• projget cubi•*% to plane, specification!, 1 s as rp►rer oratory cal ! . Place, apec1f10at7"m, and eroaiwaes ,ball be wbmitteJ to the l.er.urt prior to dislodgement of site o rail", c"etrectloa, or ttur } demand, am, Upon approval By Us fee"lu porford"ec order ihfo Chat S modifications u Ue approved lus, specifications, d whNulu tahalrtalwiH suejoct rta„pproralyIt the If Srer•tary sld Sacorprnla. tau the peat Btreornt. 1 l1. Conatructi" Inowetr" and A rpeal. It will the emetnttiaa • to t ovt a Pro net on 0119M thpitvUide O ~artuoafoiweHedeOtq,~ ylanelcapeti<44elsca o' and acbaddes approved by the Ssaratary for the project, It atoll ambjset tow consrrectica vor'r " any project cuctalned IS an ►►prared project application to isepelloo tad Sn accordu ee with regulations and pme4urse proscribed approval ell M - y. Small MlecrodutalotrylaaANA! an toe ds pprocedures Me by rho Acretar oprocedures ball retain wch e44t aed prairies reporting t by tea Byo6soe or aponwte of ueb project 44 the m.:raury shill ~ ding 44:w ee ry, Ia. Deleted. 19. Operattn and Joelnunance. I ~ A. It will suiubly operate tad maintain Ue airport and all facilities thar•cn or eonautad t "NAth, with due regard to ellostie ad flood eaditlons. Any propootl to t"purarily olon one atrprc for M otu ranautleU perp•oo Mal first be Approved by U. Acrotary, tho mirpri us all ftelliilee which are nue.wsary to sw"s the serudetieal vitro of Me oirpn, ether than facilities owaet or eostrollal y the Ihdt•d States, .hall be operated to all Men In a Safe "d serrlcuble eoadi,loa and en aceorbna wish two ■ainom at"dame Ai N rpuired or proscribed by sppli"ble ►aderd, Buu, and local eynelw for If wlau,uan and epro Ives. I. will cot amuse of prat say antlrtty or delta'ba'rn. which wo+1d intorfere ' with 1t1 tan for airport purp"aa. to further"ec or this awurna, the sponsor will home in offset at all lieu arrong"nta rur•. l (1) Operating tin airport's rare"utieol facilities wheaerer rolairell i 1 (1) Promptly rrblag and 310Ung Sautes resulting from airport ewtlnuns, laelwting "prong eoadstlsodl v1 b) Promptly notifying aurae of my condition affecting wronsrtlul man of the airport. J044104 a"ulyd ho"Ift sell be 00"tracd to rprare tut the Girder. N operated for E aarmavsl w3 we bring Napery, perlNf r►" sea, need, at sieve alirtSC e"Iniena rltarf•rr with much operstla Sad rlseenwe. ,urea,.?, Ushled hotels shat! N eonatn6d as rotslrlng the rlatannseo, ropir, rTafatlec. or rosuea"t of air atrowNre or faellty rhok to substantially chased at 40 It"! Iwo 14 u act of red or se►Gt condition of sinuous" beyond she a" "I of its crater. i b' It will tar Ubly apron ad rroula ■cts$ program aplomsatatien lung that to erns or coetrole upon which Federal fterds ewe fen e.suded. SdH_N Josses] rd utluef". Is rill tabs approprilu metier to wore that ama► unirl air$lew to to rgnna N poet trteomodt and visual operations to %ba airport (1"ledlng selaillisMd B1BLom 61 Ott tdtllwdo/) Will be ndadom"ly elected tat protoeut y moving, loverlad, tat" C, rrkiaO, of lighting or •tlaMlao'atASOlUf Slitting ai?pft hanaeds aed by povsotlng Us uUbileomest ar enetiu of fold" mlrprt e curls. . t ri. tlbla tail . It Will take OPPreprlate &aside, Includtag its edodelon of coming laws, io the fault 1""" e, u scot it the a" Of laud adjae"t b of la the imattu vteteIll of tea oirdert u aetlrludo at purpose a"deubld with moral airport dissections, inglndlnd setting sal taktoff of siranf 1, t to 00111106. If Ue srej"1 to for us" pogrom lvplewurl", Id Vial "1 44004 of me, wW1a ltd jwrladirti", tut rill redo" t14 w tUr1i airalt say chino in load eaptibilit$ Proem Senate" spot Nick )Nord fe.diahove to a, exHaddol. to the airport, of Ile acing t ►AA pen SIWIOQ (d•JI) bewolope at or Iota Progress • Publlo Ipesor ' Pad. 9 1 1 1 r a , It s•,r err-twl L ' t yap. 4,166!, ones/Sac •f ,San. r r1Nsut "Jul • h will Mko lie airport available se u 61,10,1 for po►llc•loe a tale act 3 dborltl Ytlea, to oil %Ypoa, kind" and lists Of Nronutltat age, reasonable tam set IN ray sdroamaot, contract, IN 64 or other anYgeatai under which • ,she op prlrtlue It the 1 airport is granted to-say prase, tin, of IerpI allys b oY/uct or ang4e to any airothetia.l activity for ter■l Hid suss W toe Pullla at the airport, too spis4e rill thwart mod ootoroe pre to loaf rp uirteg the o"Iraaso-- (1) to tenleb 0"d ""thew " e fairy 611"ll and "I "Nally 1153ful"UPY fella to all were thereof, red (2) to reas PrOW1404. OAS ghe oeaera l.rgwy ►e all"04,04 ache to majully soubletaalrnanejser~a price, or 6 ,that sullar 11004 of prlBa MUtttoaa to siwmr Purchasers, I'l fum, no tali, and otherlafspees togMrs6matronlyPartrpllowing Yli of t)ht afl Spenser filed-be subpart th the auk raus, hes0 apniuM Naklnd Ina toes I or erhlLr aces of woo airport sot vglllsfay tot Meets of ►Lllar facilities. J. pact air merrier metal sub girporg sholl hays the right to wattles !21 $*If or to on any find-tetag operator that to &uU*rlled or Isnttted by the airport to sent acy air wattle" wall airport. 1. tie% air carrier utot web airport (whether to a uma0t. anteYni. or 00"054"t of "other Sir terrier garret) shell be w►)eol ad wall sY6l Nrfal they Mod 841■tamially dompop.hld rules, ngulettna, ' aanlillons, rated, time, r@0Wla, red otter *%argen rllh reepet to facilities dlftetly and auutagllally i nlaud to tror111n/ sir tranaponattas @0 are sipil6able to 111 soh air carrion which make littler we of I a.a:h 6l ryarl tad Which vtillts similar feclI111Y, 6utme to reasonable classification Bach is tousle or 5111 naatomAll and ■SgYlary carriers aN Nsaf tealery Corriere. ClYalfleufn or autu■ Y lethal or ■Itn.tori shall eel to Wrmesnoliy withheld by Yf airport provided An air terrier amen oblirwtle" avhauntially stall at " those 'Ift dy imposed on sir carrier. I% aueh el@0aificallna " 6u1WS. f. It will act eunlwa or grill may rlghI er privilege which oprats to prevent any Israel. fin, ar torpor atln opretlnd literati 4a the ai,pan from pffonlig My @0"l es NO Its are aircraft with its own replays, (f nelvding. hot hot limited % mamaYnaa, reIslp, and Heltng) that it any chase to perrore, J. Ia the erase who bponoor 11611 4Nrai■es any of rho Hotta mnd privileges rat.rred to In this uaur.nea, the aen/No inv.ived will fe Provided on the cue esdiftBa' ova Would apply to the funiahild of such services by sntnoure or 4nes61othJrn of the g I POn1 sr soviet toss provisions. e the all users het the aliwrt may 0aulllab gees fair, etNa1, had Net wywtlY dlsefierseury Condit W6a W w set t; p 84 hey ►e sees6ory for the safe bed afflaleal oprallob if tea airport. A. no yneer may Prohnis or limit any gives gyp, kind, or also of seran•otteal we or th. alrp, rt It such lotion to Monetary for W onto operation of the airport at necessary to serve Ito civil Iv1er101, n.01. i or the Pu111a. i 11, tvelu■1ve It t0. I% %111 posit so eacluolvo right for the was of the airport br any p0roona prvvldug, sr tat trig W provide, soromautlc6l ionic" to tot public. per pwrpase of this pragrsph, tAw j providing of YMmea at as airport by a ■Sng16 ffaN-Msed 1( rJdht It both of the tal1ewiY ■pplyl (1) It twig be orearj L~r$*ally one @ most, of as on i f al tot I t:an as flsal-to"4 operator to provide web $*"is", ant (1) If allaying mOn%hog onefiteed--kool operatwor or, to Nevidt swh wa-tilgs eslt rqutn lh■ "dealt" Of 81004 lost: mrouant to 64 eaotlnd hdfteesnt 11.se.4a rxh single flRel•uood operator and much airport. It Psrtber 1"0 that le will mat, either directly or lodlrectly, trial or Pont, ■y porem. fire or torpralion the s■lvsive riot ac the airport, or ay other airport now owned or awtrallel ty it, to conduct any a4rmwlldol actlrilus, ImalWied, lot Nl limited ton charter flights, P1144 tru5i:.d, a:raraft soul and ■Ightsolmg, Wool lhotodrapAy, tftp dealing, aerial atrortlalnd did ourvping, air errrlve epor4elnar, elrerafs 44146 mad sn"icel, "It of ayfarln Istfolou predu to whether or Mot eaadwtod in eon),tsetln with *that 64remoNtioal activity, npefr asd maintenance of 6lronft, sale of lieffors polls, and key ether watlywom wsleh fawn of ihelt direct relatlaiahlp to the aprelloi of aircraft eon be nprlsJ do ai upo"4+lea1 activity, kid that to will terminate May'erlslvo right W 0004001 me aeroYttitil activity cow ~ whistled ac sub Y slrport Itteel the droas of Bay a@0lateNt most the Airport W u 19". eyed vyrevwat Alt if j pd. ' Pas and pomtel wit wean. It rill Mefsuis a de sd not•3 nncgure eeeaiouet with auu,1nees ' ant tlr for IMe nat3feta @0"1044 Mlnd prerided the airport loops whieb Will Meet the eirycrt if ' elI!•t4stMlffy as pYstble water the airvv lotumes alerted 61 that psntaatar airport, Wilt few saeout wah fattm AS %U w4ler Of traffic And Contest of Battaglia. W part of the Federal shaft of as airport doslopont, airport plemmiq, or motel oompotllllity projat tat which a Ines to Nds onder the Alrprrl and Ain■y hproramaat got et l9dl, %M Federal Airport Act er the Airport and Alny havs3op oI A'% of IY74 'hell be 1aelvded la tAO me bw Sa Bata►Stohing five, eats, Yd charges tar were of ohs dlfforl. FAA Fort! SIwloo (411) Cweloy@0ot or polls Frognr . Mile gpovse Palo 17 ;i P i I 24i`3 i a i i I , i r7rN`ve`- Ova I 77• fr rt r w. If the airport to radar eh1 as trsl e! s ~ulItf y■aoy, ail nnoure du•nsN ►y r1o alr~ort aq a aaa a a.latla teal uttllf•!N after 0.owln S0, l9!'h r111 to ■rpMN 64 it for the " 141 11 9Peretiy INU of tha alrprtl the 104d airpfl ay er cthet local reollitfoe chick aro grand or operated y tM meet of operator of the airport mad girl tly W 04N uniallf Mated to the gets] air tromporsatlem of je"ongers at propryt or for wile aitiptlea p~rPoe•c 04 of Off the airport. Provided, however, Wt It cetNaeu or 8406»"068 Is dolt a►llptleeo issued Leton September 7, 19" by tha owner or opera Nr of the alriort, .r )r"Islo" metal botore septwhar 7, 1907 In governing sutooea eatVallind the eeoc er operator's flowing, provide far the hem of the reflwai from all 9r the airport sr■oc cr opr•tar'o hetlitlct, taslwime tie airport, 14 NF)oft "t only the airport lu1 alto Of drport color or ego retor'a ssaorea dolt ehifplla" K other taell Mos. than this lfaltatla oe Me a" of alt rev must generated by the airport (am, is "a wee of a jeutd airport, IM61 toms w otlatin twl) shell not apply. j ld. Se rt S et toe. 71 rill submit N 04 sonrotary swth Seoul or spoctal lineocisl and f spfllianm ropoe14 w aroury W r"io"►27 rgaen. for airport developnsal ?"Joeu, 11 will a)" sae tad alryori and all airport reocede W doo,reete orienting the airport, lwludly doNe, lessee, operation • d we agrowanu, regulations w1 $that lwtruewNa avallable far Inspection y "y WIl outhariml asset at the Secretary ups reasonable ro%oml. Per slime program uple otatiw poelanss, it rill DIN mate noordo wad { 464400414 relatlad It the project tow motuwd moollane rill the moved, esdirleas, and awursadea of the { gat tdrornt 184164124 deeds, laws, adnwats, roplall sm. Se1 mthor isditum0ls. ovallo►le for Inspecting if ay duly 141horlsN apes ar the Noreury up" reawwfl• request. - 77. att. Oowerwat llnnh, It will uke auilahle all of the feell Moo of the airport derNow with Federal eSa o" ewe wo; @ it than m"tle for loading ud takeett of uraratt to the Nailed States tat we y daieres"t alrentt is earns With Giant alrorett at dl ala" tttheut chords. eswPo. It IN use y I lovers&"% alnnh to nNla1141, abardt my be "do for a reem"lla auto, Proportional to acah we, for +%a 4041 Of aporaling W 2dn141alng tae f11114144 maw. Saloom fthentm IaNrlood y the secretary, or othent" afraid la Ill the &Fluor w1 W wing agem r. ouNNatlal we Of an airport by doflrmioat aircraft will w owoiderod an 9=111 whoa epoNtiosa of math aircraft off is oaaw of them Which, u su c)Iaiw of 'As Seareury, could am1u17 iturfero With "I of the 1"41me arms by other wthorlaN al"reft, or dmrlog any mAmdmr awth tMt. a. Fiat (7) it more ssvefwei ■tteroft ore r4p14rly based .t the airport or 604 laid ad)eceat thanul or 's. The total maker of move mats (*outing Not lading as a wvwent) of government aircraft n 700 or as", of the trend stimulative flight at determine alrorGft uming the airport (the total movements of goverameex afroreh oltlp14ed by grant weights of oua► alronh) 4 to 164469 of lire aillin pnadm. M 28 _ r t e S Leila A' It Will tarolmb ■ith"% eat 14 the ►Nenl Carom let for ala it 1 sanncotian ■ t Sep d r t~fie a"trot ►r air wdpllom ativlsue, of r.ocber•roponlad and eeatunf camieo eotivltian related so atr Ireffid antral, my areas of 1W or rater, or estate thoroia, or rigMe la buildingo of the spomNt as the state tsry musical Staioary ar dnlro►le for esmatroetlem. 4perelia. Yd "late"nea at federal expense of eject of facilities for waft purposes. such anon at say Portia thereof will N made atlie11a toe purfdeg henis ■lthla four maw -flat 10441Fo at a rritsw rgcoex from the secretary. , 79. Llr_prt_f4t26t_)'Ua. I it Well tip as to data as all tlaos r airport layout Fish of the airport "ariag (1) NwUrtts j of 1M airport W 611 penp4ed alditte theroto. Ngstuf nits tae bvad►rNm of 411 otfaNo arms ow-N of controlled y the spsaser for airport ppYspaos cold proposed Ndltiwa Sol (7) the loeatioa and "tor4 of all osutfas W preFssed airport femilltian 6" strrot■red Coach w ranemys, 14miw7a, apr'^", tern"l buildings. Maps, and roads), toolud/y all proposed doubtless Sea resuctso" of moieties airport facilities; old O) LNG Locations at 111 ellotiaf and proposed "nmotasiw on" and of all emitting lapoovw6au thereon. such airport layout Flan W sigh amwd6wt, revision, or nwlt oath thereof, chat! N av►1nt to Iwo approval of us Montory Ukiah approval shall w aiUweN y 1H signature of a dull authoring fcpnseftwive of the ` Searolay w tM his of W "rprt Iyeot FImi. tee specter rill cot ache or pon3% ay changes or altorstlsw is tom airport It 12 ail of I" to LOA thick aft rot to maternity rlt► the airport layout plan as ,nrwod by W Insanitary W thick eight, it the oplela or %be DeOrolary. Nverwly aff4at the befell, i tti ,icy, Or efficiency of tN Airport. 1. It a olamp of m1NreAiw is Ye airport or its tsefldttes to mide Wall 00 Sweri" 60terAiw 1 Nverrely mttNN the "fay, 2tilhq, or aftloiwp of ay fed6roll7 steel, 1wW, of filling pnMry as or etf Gas Airport rd Mak is wt is eastarally Wish the stopaft Israel 1100 as approved V 114, Nd our,. the most mr operates rill, if requested 00 secretary (1) a dei"u such silver" affect to a must approves by 'I i the swreuryr of (f) best all mots of talaattad a"k property (or re►laew"t thereof) to a mite agaayte►S/ i N us so tell and all fai" of two" suck proFsry (or replcoam"t thonor) to tM level of "rely, WlllyI dtlislaaq, "d most of oPorot104 matoelad lofaro the unapproved ohaap to the airport or its facilities. i 70. civil slsku• IS Will amply with dunk rules " ore /raaulpud if "nn that be Fora" gull, a %be froze" at re"; oral, "lot, "tl sal origin, set, W. ar handicap a occluded front Fortlalpotiy la may esttriy Mili"4 With at bwehtind tram rode resolved tree this drmot. This sawnnea G►11ptee She ape"r tar be period during ablest federal fiammial awtau"a Id ateeded N the program, accept Otero /Nerd tlaaalel 6wut"w to ad provide, at is le the fen of poraal property or red property or interest 06"is gold fan 71WI00 (1.11) Ean1op"at of solos program - hefts spacer pads 11 I ' i E I t ( I 1 V I r ar 41MAar41 or ilprownoata Wren, to whiab sae W Naoroaao omidato W spacer or car trwloro for us b Nor of tsa fodl"Iss perlooea (la) W period darts which W pnpeey {s eNl tar n prpN fee VIA" !pored hwetal nsaieaaa Is oouN<4, or for wlhar perigee tavalrly W prcsUW a! MASSar "rrtev or ! Iwhto or (I) tie period during thin W apssar maim aenorobt➢ er pcsesaiala of taw property. t 31. xasousl of tall. pod 1W presaged lobe green Note", us, shot Deaaber 30, 1907 for airport iglu eayat!►1t parposoe, at will dtoppeawus of the 1n", Ncs the 1,u1 to So lever •"aol for each prpeto, at talr attar voted at the ggeliat Onstleslle sign. That portion of the proceeds of mob "gpoolsio2 wlia► to proprtle"ta to the Detted Iutea Akan of a aloltim of scab Islas will. at %he Aloanlies or W Seanulp, I) 1♦ pail to she Iaerstery for depalt to the fwt Puma or 0) be "Lansaw la u approta/ Nile enptlbll,y project on pnoarged y Us secretary. - i W. for laid proWN for airport purpose (o1►es qsa pia Ausptibiltyl uNos area{ pfcN, ON, or .O.P" shat looabrr )0. 1007, It will. tMa W dual il 10 1co purpsde, dispose of such land t at hit Nrket rains. That parties of the preeoodo of 1 Afopwltlatop , spwhia to pnprtiodoto to the United a"%" share of van eggs of sgeloWn of "mob 14", will IN paid to the secretary for dopes$% in the trust pond. e. xryNlties of Swat laid mast e. sad above will be subject to Aho naustl" or Nafrratloa a by taserggt of right WNio teaoNry gg *"am WA Nap 1ae4 will only be sod far perpses whits in empatible with "too levels associated with of opnties of the airport, I 31. ur W peg 1 s nice It wilt Amara eel entnnt, or w/oeatnot for pNgra haaipae%, 00"IM4t a aausdus"t, u y Douglas, fwi►llly atwdlon, are"toesvnl artlon, penIilim a Arctic. o4torrio0. nsn"IA sus"Ist, or ry Wanof64 a entrees for arobitoatanl " Reg learial a„nien Is gnlrtla 1 undero tilloril of shet p lis e ent haporty WW i "alates•sti" Services set of 1910 or u equivalent quell fiat aio"-band pqulr"est proocribol far or b the y sponsor at %be airport. 1 )7. 1 n1 No at s trtetloee, It Will Ns allow too@ provided mdor this grant to No laid so farad any I pro)": w t sees arty pre of e~ Nnla of a fONlan eswtry luring The period is which swab foniln oaaaary 1 to 1t& 4 b she 0sli" bases Treb lop""" active N baying fair and gwiuMe Sarket apprcaoltlta far prod"ll Sol suppllsn of the intend status is Para ma% oat ce"inetla, j 34. pal a oe stoaooNd ad I ecifialall{m, ti will carry wa the pnyaos is Accord Not with plleilo, auSol 1. as opal t"ei"d approve %beTieroury {uslwatng but not ]Nltdd to W advisory eircwlan Baud M7". MI to oeaordmao with applintle Auto politics, attedapea, dad opaiftntiou approved by the Secretary. amber sublott i 1 I 70/7"1 Obotruat{N Narking us "ghtled IWO200.14 An►ttiOt", 2414"1164 W 1144"y Camellias Ionian foe llrprt Oran% i 1 S0/SI00-11 'df tpn Mlawr I.hy ul OpNtiose I IW5010•5 plating, Nsrkl4. awl bllhtiy of tdicle$ used in is Airport ) I 7%0/Sri0-7 alnreh tiro W Lees cr fade" lWWM14 Airport tin are Seggod program proactive Clothing IW5210 15 Alrpn peso SN ptnfighnod $utia building Design f ISWSHO.4 karat supply yarns ter Alnnfs pin and leggN ►reteetloe 1 IW5110-10 "as 4041tioastod rep sever/peas Type Aircraft ties And Line trucks M/5220.11 "rpn SeooDlowr spatfivest" aside ) LWW20-10 Alfpn Seowaw"pr sp"ihoaAlus 0440 IWS120-0 luny sorts" goNill" logger--spaihusttgg outdo 190/5210.14 airport pipe and L"p lNioil Ipositlatl" oulb UO WO-19 ~'dpel"yjrpar store" W pleaNna of ilrpn rov baaral sal tee entns ISO/5110.16 luugnoed Mather Obaeniy IPSO" (A000) for SeS-loldral Appllaatians { 190/5700.4 Mill? "rpna--"r bsea to IStiw1 2reasponoat" 11 103/5300-11 /lrpn help 2tu4 Ne••trdsopn disports 150/5310.5 happen Dralseda h 190}}70-6 Airport hisent lulp AN helvatia ~ E IS 9MO-11 MtbNs f" the Llalp, Ooutnetles, wed Nelounsaso of IMA pauust Airport I terminal Morton" ` lSq)9720.14 "rpert Lsdw►ted for Deics on/pet hrp"o 190/9}114 2wp longeb lqulrusggu for Airport Design 1!0/%340.1 An rugs At prod k w a Airpond 19 5166-4 tmte%Lml" pmts for Swwy *"**?It" foekdovs Lao Us%lied Irotne 1}0 Mo).9 Sesrgned Unit "Open asour 1"NO 190/5310-14 snow Approach "shied ails IW5340.17 MU"bf /"or for 1"-pY Atrpn 4gltly syn"e I r i ►AA Para 5100-IM (A•$$) levetepant or acted progres • phis tp""r Pun It i t t 1 1 I Ile r ~eFJ amum.~ { I• pIYY{.%~y■r■■ S Jet k ' n , tvabtr wgtet i SSW 5)10-18 11aa404a far Airport Atp baYY {j 15014)00-lf laa1+W OrNr1W LtOt1y ifsteaa E lw"40-11 airport 1114eoiluea+a Aida" luoat Alta E I W5340. 5 srpplemau l Visa CM44 lwslao-11 Naey tea Toney Use uOt124 system If0/!340.27 Air•to-Dees 1Mis OMtrol of Airport Lptiy Aratsae 150/5345•) yoatneatla he 1.@L ►anlo for tree central of Airport Ushtlag 15015345-5 Cited%10lteter With 15WSN5.7 sposiriootios for L424 Laeraraaaa llrotrlad Cabin for Airport Ltthttaf Ctroulte 15015345.10 lpdfi"sism for Corlaat carrot blulatera art blNlator laltora 15W9345.11 fpolnaotlra for Airport 1st tellpprt beoa j 130/5345.13 spethatlr for LM1 A"illsr► btq cabint iramlly no pilot Ctetrol of Airport YQllms ftroutsm pee baits for VW asFIVS " Ar111riiYale, came Crmsaun 1SWI345.17 sp 15W534}20 prasiata Aw"1h peek t_Alatar ()API) Breton ! ISW5345-S/ 1u lpoetnoatla L-053, snows W Togivy Oaarllso Mtrotle0s, lartors Z $345-41 FAA lpelnsatla "97, Airport Idshl be", Traatfoaoar seuaea, nd iaastioa bate f ! 9345-0 lpoelntetin for ObsustUom Idptiy tgatpert I 15015345.44 spotlnatla for bss%w as boons viva I 150/534"S LldtniOl 1"M44b L3p►t tlroters t 150/5345-44 spolnaatla for lone W %rival umbt iimtrro 350/5345-tl Irlatla Ttmnfonoro for Asrprt Sdgbtlas tlnen 150/5345-N tpalntetla 1,0%. Indio Crtrol lpireat ) 160/5345-50 /posmol es for portable bevy upu i 15WS30.51 spaiflestia for riorbatso-!sM Aosber l dpnat SW"70-6 Cenirwtla progrtes at tompteta 10prt-►alanldld Airport program t3WS770.10 $wdara@ for spositply Cratrateia of Airports 1SWS)70-11 U$ of 100404111"10/ 7te11e1 Deviate In tht lalastia of Airport hrrnto lwsyr0-11 Quality reams of Q1"/natia for Airport Greet pro)orto k 150/!)90'1 10lipert Dasssa Guide 1 ~ . i ►H hm 5100.100 (d-If) %va.spoat of lo/ao ►rooea - Mite /pteor pea 11 1 j 1 i t J Yr A 1._J0-90 Y I III. Review University of North Texas Fcorsomic Impact Study. A discussion of the Economic Impact Study centered on numerous typographical errors and a discrepancy in the summary totals. Rick Svehla E,tressed the need for the data information concerning the origin of the original figures. Dave Arno informed the Board that he made the Small Business Institute aware of the need for verification before the project was begun. Dave Arno will request data information and submit with a list of corrections and the report. VI. Airport Manager's Report. ~a. ordinance 40-006 adopting the Amendment to the Freese and Nichols Contract will be delivered to the Federal Aviation Administration and Freese and Nichols this week. Freese and Nichols can proceed with the f engineering for drainage improvements per Grant f3-48-0067-04 after Federal Aviation Adminstration approval. No action required at this time. b. Joe Thompson announced that the permits are ready for the Port-A-Port buildings in Jackie Doyles' office. With the applications complete and permits ready, the weather will dictate the scheduling of the slab pour and moving of the buildings. C. A letter to Flight Safety Standards and Meacham Field has resulted in improved communications and 4 reduced transient (touch 6 go) traffic. d. A transfer order for surplus personal property concerning a 4 X 4 utility truck has been filed with General Services Administration. The order is now with the Federal Aviation Administration and will be returned to the G.S.A. upon appr~val. e. Joe Thompson is working on a committee wi`h the City of Denton to develop an underground fuel storage tank system that will comply with Environmental Protection Agency requirements. The Board is advised that action for detection and compliance is due in approximately one year. George Gilkeson E Inquired about the comparative prices of a detection system vs. a new fuel farm. Gene Wright advised the Board that a new fuel farm was needed and stated a minimal difference might indicate an investment in a new system rather than an update on the current underground fuel storage system. { E W Ir{ ~ I I fj q 1 L f 11CITY: COUNCIL 41 r I i ! i I ' i ~ i - ~ o~gooaoo a ~ ~ . 1 Ok J% t i i y R t 40 i i i WWI i i i WrYofDENTON,TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE(817) 686.8307 j Office of the City Alanayer M E M O R A N D U M TO: Lloyd Harrell. City Manager FROM: Jennifer Walters, City Secretary 1 DATE: March 30, 1990 SUBJECT. Ordinance amending drainage requirements ,•r E It has been discovered that the ordinance amending the drainage " requiremonts passed by Council on March 12, 1990 was not i published in the newspaper during the allotted time frame. Consequently, the Council will need to reconsider the ordinance r , so that it can be published accordingly. I have spoken with the City Attorney and she advises me that another public hearing will not be necessary as the one held March 12, 1990 which would fulfill that requirement. I have placed the item on the April 3, 1990 agenda for Council consideration. 44 If you require any further information, please let me know. I . Je ifer ltece Ci Secretary t z ~Fd ~ II 1 1 i I P , V i T i 1 I f i f i AN ORDINANCE OF THE CITY OF DENTON, TEXASO AMENDING 4.15 OF CHAPTER IV OF ARTICLE III OF APPENDIX A OF THE CODE ROF ORDINANCES TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDS) AMENDING SECTION 10 1.12-17 (FLOOD DAMAGE PREVENTION) OF THE CODE OF ORDINANCES RELATING TO FLOOR ELEVATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE AMOUNT OF $500.0 FOR VIOLATIONS THEREOF OCCURRING WITHIN THE CITY OF DENTON; AN0D PROVIDING FOR AN EFFECTIVE DATE. the nd that rev Denton H Develop entCiCoyde fa re enton neededs to uprovide forisions more under- standable, effective, and efficient land development requirements and regulations; and I f WHEREAS, the City of Denton has undertaken a program to revise and implement the new and amended land development regulations and requirements; and 1 J ! ~ WHEREAS, the revised regulations applicable to requirements and design standards have b drainage een completed; and , l ~ WHERE and design a public hearing on the amended drain { standards has been held in complianceewithmethe provisions of the Local Government Code; NOW1 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: F ,QT20N 2 That article 4.15 of chapter IV of Article III of Appendix A of the code of Ordinances is amended to read as follows I I DIVISION V. I I DRAINAGE REQUIREMENTS AND DESIGN STANDARDS Article 4.15. All developments shall I facilities and improvements to serve the development in accordance { with the following requirements and design standards. I 1 f f A. PURPOS i The following standards and requirements are adopted for the following purposes: 1. To protect human life, health and property) 2. To minimize the expenditure of public monies for costly f flood control projects; I 4 3. To minimize the need for rescue and relief efforts: associated with flooding and generally undertaken at th_ ( expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities located in floodplains; { d. To provide for the sound use and development of all i areas in such a manner as to minimize future flood blight areas; 1 7. To retain natural floodplains in a condition that T minimizes interference with flood water conveyance, flood water storage, aquatic and terrestrial ecosystems, $ and ground and surface waters I S. To minimize erosion and sedimentation problems and enhance water quality; and 9. To minimize future operational and maintenance expenses, f 1 B. DEFINITIONS. i In addition to the words herein defined, the words defined in f the Drainage Manual shall apply to any word used herein which is not otherwise defined. ! Access Ram. A route used to provide entry for vehicles and j machinery into a channel, Access Road. A route parallel to and at the top of the bank j of a channel used to allow maintenance of channels from the top of bank. Base Flood. The flood having a onv percent chance of being equaled or exceeded in any given year. Also known as the 100- 2 d r year flood. Channel. An open conduit in which water flows with a free surface. Alit. Any open or closed device for conveying flowing water. orainaas Aroma or Basin, The land area upon which all rainfall that falls on that area is directed towards or flows to a given point or stream. Drainage Facilities or system, one or more conduits, channels, ditches, swales, pipes, detention devices, or any other device, work, or improvement, natural or man-made, which E is used, designed, or intended to be used to carry, direct, { detain, or otherwise control storm water. j Drainage Mantel, The Denton Drainage Design Manual as ado ted { by this Division. p Datarit.1=. The storage of storm runoff for a controlled release during or immediately following the design storm. Regional detention refers to storage of storm runoff from an 1 entire drainage area or basin. Flood Hazard a2Uad1 Mapes, FHg~. An official map of a I community, lesued by the Federal Insurance Administration, I where the areas within the boundaries of special flood hazards have been designated. Flood Inauran fl~~. (FIRMi. An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the i rl risk premium zones applicable to the community. FlQ~_Insuranc• etude. The official report I Federal Insurance Administration containing flooddprofiles, the water surface elevation of the base flood, and the flood hazard boundary map. Lloodplain. The area designated as subject to flooding from the base flood (100-year flood) on the Flood Insurance Rate Map. The floodplain includes the floodway. Floodwav, A river, channel or other watercourse and the { adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. 3 i 1I r a . 1 R■!r 1 r t~ i Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (100-year flood) discharge without cumulatively increasing the water surface elevation at any point more than one (1) foot above that of the pro-floodway condition, including those designated on the Flood Insurance Rate Map. Floodway Fringe, The area located within the floodplain and outside the floodway, ' Freeboard. The vertical distance between the design water surface level and the top of an open conduit left to allow for wave action, floating debris, or any other condition or emergency without overtopping the structure. Grade. (1) The inclination or slope of a conduit, channel, or natural ground surface, usually expressed in terms of the percentage of number of units of vertical rise (or fall) par unit of horizontal distance; ,2) the elevation of the invert of the bottom of a conduit, canal, culvert, sewer, etc; or (3) { the finished surface of a canal bed, road bed, top of an 1 embankment, or bottom of excavation. Bvdrograch. A graph showing stage, flow, velocity or other property of water versus time at a given point on a stream or i conduit. , Inlet• An opening into a storm drain system for the entrance of surface storm runoff. mime of Concantra The estimated time in minutes for ~0n ' required remote osectionr of the drainage from the a specific hydraulicall ! point. Inverted crown sectigp. A street cross section usually reserved for alleys in which the center of the street is lower than the edges so that drainage is carried down the center of ` the street. Lane. A driving surface of a street with a width as specified in the street design standards for that class of street. Local Drainage vs am. Any drainage facility or system-which serves an area have a contributing drainage basin of less than one (1) square mile in area. Located outside the boundary of a development. I 4 ) r ~rrw> r J i r on-site. Located within the boundary of a development. Pilot Channel. A concrete channel section used to convey normal low flows, fix the location of the flow line of a channel, minimize erosion, and provide access for ,r maintenance. pipe. A closed conduit through which water flows. 1 Spread Limits. The width of pavement covered by water based j on a flood of a certain frequency (10-year, 100-year flood). Street Crown. The highest point of a street cross section, normally located at the center line of the street. i k Tailwater. The water surface elevation directly downstream of a drainage facility. C. GENERAL DRAINAGE REQUIREME'liTS 1. Drainage Improvements Required. All developments shall provide for any new drainage facilities, the improvement of any existing drainage facilities, channel improve- ments or grading, driveway adjustments, culvert improves ments, or any other improvement, drainage facility, or work which is necessary to provide for the storm water j drainage needs of the development, in accordance with the requirements and design standards of this division, including, but not limited to any drainage facilities, improvements, or other work which is necessary: j a. To provide for the conveyance of all storm water from the development when (ally developed, to an I~ adequate discharge point. 1 b. To fulfill any purpose for which these requirements f , are imposed. c. To adequately protect the development from flooding, including the effects of the 100-year flood. d. To properly contrul any increase in the upstream or downstream stage, concentration, or watersurface elevation caused by the development. e. To provide for the conveyance of existing storm drainage flowing through the development. 5 r i r 3 4 r a I a 2. Off-site gjgg, off-site drainage facilities and improvements shall be provided by the development whenever additional storm water runoff from the develop- went would adversely affect any off-site property or would overload an existing drainage facility, whether natural or man-made, Whero storm water runoff from three or more acres has been collected or concentrated to one point, it shall not be discharged onto adjacent properties, except into existing creeks, channels, or stozm drains, unless drainage or flowage easements are obtained for those properties. If the developer cannot obtain the necessary easements to make required off-site drainage improvements, upon the request of the developer after compliance with the provisions of this Code, the City may bring condemnation proceedings to obtain the offsits drainages easements. 3. Permeable Area Storm Water Control. Any development may provide for storm water runoff by reserving a sufficient amount of land within the development for landscaping, green space, or other permeable areas, excluding detention facilitic'a, if sufficient to alleviate the need for particular drainage facilities or improvements. The City Engineer may require the submission of any drainage computations necessary to determine that the permeable areas reserved are adequate in size, design, or location so as not to require particular drainage facilities or improvements. If a plat is approved on that basis, the permeable areas proposed to be reserved shall be shown on the plat or otherwise referenced by the plat, in the manner specified by the City Engineer. No building, stiuctures, or other impermeable improve- ments shall be constructed or installed in the permeable areas so designated on the final plat. 4. Detention Facilities. Publicly dedicated detention facilities may be used to reduce peak discharges where condl.tions prevent conveying storm water to an adequate discharge point or studies show that off-site structural facilities will not mitigate hydraulic effects more efficiently. on-site detention facilities shall be a minimum size of one acre. All detention facilities shall comply with the design criteria of this Division. A development may provide for drainage by participating I in the design and construction of a regional detention facility. Detailed engineering studies of the entire basin shall be required to insure that the timing of peak flows has not been altered to create higher peak flow elsewhere in the basin. Detention facilities may f 6 f I i 1 f r I " be constructed in phases, if phased so as to provide for the timely needs of the development. 5, EJoodclaiU. where these regulations would require a development to make any drainage improvements in or adjacent to a floodplain in order to provide for the ultimate base flood, the development may, in lieu of :a* making the required improvements, restrict development in the area that would be subject to flooding by the ultimate base of the failure to provide for the drainage improvements. In such cases area to be left undeveloped shall be dedicated to the public as a drainage easement on the final plat. 6. Floodw____av Fring2_Ar&u. Where any development would fill a floodway fringe area where the floodway has not been designated on the Flood Hazard Boundary Map, the necessary engineering studies to show the limits of the floodway shall be submitted. If the floodway fringe area is not proposed to be filled, the area within the floodplain which will be necessary to provide for the drainage needs of the development shall be dedicated to the public as a drainage easement on the final plat. I ~ 7. Floodway wand imorovement . d j ~ a. Generally, flooclways serving drainage areas larger 1 than one square mile in area and which are still functioning primarily in a natural and adequate state shall not be altered or improved to provide for the drainage needs of a development, unless there is no other reasonable means of method to i provide for such drainage. b. As part of the required improvements, all debris, small brush, vines, and other obstructions shall be that cleared once from located within or on the perimeter of the develop- ment as directed by the City Engineer, prior to the , connection of any utilities for any building within a development. A development may also be required i to provide clearing of off-site fioodways to the extent necessary to adequately receive or convey storm water runoff from the development, based on the roughness coefficient approved during the design i process for the final plat. c. Develoments oodway shall i poviden supplemental rvegetation, runoff into a fl 7 i t; p~ 1 . 1 and off-site, when necessary to preserve or restore any disruption to the natural state. The vegeta- tion planted shall be coastal bermuda grass or similar vegetation proposed by the developer and approved by the City Engineer. The vegetation requirement shall apply to any portion of any floodway, on-site or off-site, which would be I affected by runoff from the development. d. Any approvals necessary for completion or occupancy of the development may be withheld, including utility connections and Certificates of Occupancy, unless and until the clearance and vegetation requirements for floodways are satisfied. 8. Site Erosion Control. To minimize erosion resulting from the removal of vegetation and to reduce the introduction of erosion materials into the storm ! drainage systems, all developments and any person undertaking any development activity shall make use of erosion and sediment control devices in accordance with the recommendations of the Drainage Manual as directed by the City Engineer. The erosion and sediment control J devices shall be installed and thereafter maintained J until sufficient vegetation cover has been provided or been replaced to control erosion and sediment, as directed by the City Engineer. 4. Paym nt in Lieu of Improvements, Any development required to provide drainage facilities or improvements ! in accordance with this code may elect to pay to the City the total construction cost of the required facilities or improvements, excluding engineering and design cost, when: a. The Cityls approved Capital Improvement Plan proposes to provide, within two years of the date ! the required improvements are to be undertaken, for the same or similar drainage improvements that would make the drainage improvements required by the development unnecessary, and b. Failure to provide the drainage improvements at the time of development would not adversely affect the development or any off-site properties, as determined by the City Engineer. i t a 1 " r' d r 1 , The payment herein allowed shall be made prior to beginning any construction of the development. If the money paid to the City is not used for the required improvements within five years of payment, the funds shall be returned to the person making the payment. •esm 1 E D. GENERAL DESIGN STABDARDS. 1. Qrainaae Manual Adootgd, The City oP Dent n Drainage Qesign Criteria (19901, a copy of which is on Ails' with the City Engineer, is adopted by reference as a part of the regulations and standards of this code. In addition to meeting thu requirements expressly set out in this Code, all drainage systems shall comply with the design 5 standards and requirements contained in the latest edition of the Drainage criteria adapted by ordinance. Where there is any conflict between a provision set forth in this Code and a provision of the Drainage i Criteria, the provision of this Code shall apply. 2. Drainage Computation Data. Design standards for drain- age facilities and improvements shall be based on hydraulic and hydrologic computation data submitted and 1 approved by the City Engineer prior to submission of the k final plat to the Commission. The City Engineer may specify the form and manner in which the necessary data is to be submitted. 1 ~ 3. Separation of Storm Water and Saniterv_?Iewsr Systems. Storm water and sanitary sewer systems ere intended to ; be used and maintained as separate systems, Drainage facilities shall be designed so as not to connect, direct, or allow storm water, whether by pool backwash or otherwise, into the sanitary sewer system. 4. g Access Crossing Channels. No development shall be designed to access a public street across a channel without providing adequate clearance for the channel under design storm conditions as required by th., Drainage Manual. Bridges crossing channels serving drainage areas greater than one (1) square mile in area shall have one foot of freeboard between the design water surface and the lowest beam of the bridge. Bridges crossing channels serving drainage areas lose than one (1) square mile in area shall have one foot of freeboard between the design water surface and the lowest top of road elevation of the bridge. 9 i i ~iIM tA•lH..l~ ~ ' rf. w ~.V r 5. CAnn41 Requirements. Channel regulations and ! improvement requirements shall be based on the amount and concentration of the storm water runoff from the development. All developments shall provide for the permanent improvement and modification of existing drainage channels as necessary to serve the development, bubject to and in accordance with the followings a. Channels which serve as floodways serving drainage A basins larger than one square mile shall be maintained in a natural state as provided for in R these regulations. Undeveloped branches of natural channels and creeks of local drainage systems may be i allowed to remain in a natural state if maintenance and hydraulic considerations do not require improveminta. b. Channels of local drainage systems serving a development shall be fully lin.:d with concrete to a level at least one foot .-ho%,i the water surface 1 resulting from the 25-year frequency storm. c. if a development provides for the reservation of permeable areas as provided for in this Division so that a fully lined channel is not necessary to adequately convey atom water runoff, the channel j shall be provided with a concrete pilot channel ! meeting the specifications of the Drainage Manual. d. The minimum grade allowed on an outfall channel or ` ditch shall be 0.3 foot per 100 feet for concrete lined channels ano 0.5 foot per 100 feet for grass lined channels. e. Imprn•ted channels shall have one (1) foot of freeboard above the 100-year flood. f. The design for all open channels shall be based on geotechnical investigations, unless determined to be unnecessary by the City Engineer. 6. Channel Acce&s Roads and Ramns. Any development which makes use of any channel within or on the perimuter of the development to provide for storm water runoff may be required to provide adequate access roads and ramps for the channel for maintenance purposes as followat r 10 V I j I a a. For all channels serving drainage basins larger than one square mile, access ramps shall be provided where the channel intersects any public roadway. b. For all improved, unlined channels serving basins x,~ t less than one square mile, access to channels shall be provided by one of the following methods, as approved by the City Engineer: (1) By constructing a flexible base road or equivalent. ti { (2) By providing a combination of the bottom access and an access road on one side of the channel, if the depth of the channel will allow maintenance from the access road. (3) For channels exceeding a depth of four feet (41) and 4: 1 side slopes, an access road shall be provided on both sides of the channel where none of the other methods mould be sufficient to provide for main- tenance of the channel. c. To insure adequate access, all lined and pilot channels shall have a minimum bottom width of ten ' k (10) feet and shall be provided with access ramps j located as directed by the City Engineer. Access i ramps shall not be less than twelve (12) feet wide, with a minimum cross grade of 61l. All access roads shall be located within a dedicated easement of the i size required by this Division. Major Drainage Systems. Major drainage systems are 7. intended to provide for conveyance of major flooding and usually consist of channels, detent on reservoirs, street rights-of-way and overflow swales. Major drain- age systems shall be designed to convey the 100-year flood and may be planned as an integral, useable part of I~ a development. E S. Minor Drainage Systema. Minor drainage systems are intended to provide for conveyance of nuisance type flooding and usually consist of streets, storm drain inlets and pipes. Minor drainage systems shall be designed to convey the 10-year frequency flood. Addi- tional capacity requirements may be required where there are flow width restrictions or other spbcial conditions. 11 ITV i i z ~ t r V !3 II I 4. Maximum and minimum Times of Concentration. Drainage systems for all developments shall be designed so as to 4 comply with the minimum and maximum time of concentra- tion for the proposed land use, as specified in the E Drainage Manual. In cases where it is evident, as k determined by the City Engineer, that the actual time of concentration is less than the minimum specified in the Drainage Manual, a shorter time of concentration may be required. i 10. T awater Considerations. Proposed storm drains may discharge into existing watercourses shown on the current Flood Insurance Rate Map. The tailwater eleva- tion used in hydraulic calculations of the proposed storm drain system shall consider the water surface elevation of the watercourse for the same design fre- quency as the storm drain system. All storm drainage systems shall be designed in reference to the water- course flood elevation at tho time the storm drainage discharges into the watercourse, except when the watercourse into which the storm drain discharges is I I located outside Zone X of the Flood Insurance Rate Map, the tailwater elevation of the proposed storm drain system shall be the water surface elevation of the ; watercourse when its peak discharge occurs, 1 11. Lot Drainage. Generally, each lot shall be designed or graded to direct storm water into an abutting street, alley, channel, or inlet. If drainage is provided in the rear of any lot by an alley or closed storm drainage system consisting of inlets and pipes, the alley or drainage system shall be designed for the 100-year flood. Where it is not practical to provide abutting drainage facilities for each lot, drainage facilities shall generally be required whenever the storm water runoff from more than two lots used for one or two- family dwellings is directed across a third residential lot, or whenever the facilities are necessary to avoid an adverse effect on any other lot. It shall be unlawful for any person to fill, modify, or otherwise obstruct f any public drainage easement designed or used as an overflow channel or structure. E. DESIGN CRITERIA. 1. Design Flood Frgalencies. The following listed facilities shall be designed to handle the flood frequencies indicated, 12 3 r Facility Flood Fre encv i (years; Street Capacity and Enclosed pipe System (if needed) 10 ,yam Driveway Culverts and Roadside Ditches 25 J Street Right-of-Way 100 I Improved Channels 100 Culverts 100 E Bridges 100 f Floodways 100 i i 2. Street Drainage Reguirements. a. The permissible water spreads for streets are based 3 on the 30-year flood. All streets shall be capable of conveying a 100-year flood without water exceeding the right-of-way limits. The spread limits listed balow shall apply to the following { streets and facilities Permissible Water Spread - l0-Year Flood E Arterial Street r (divided/undivided) 1 lane open in each direction. iii Collector Street 1 lane open Local/Residential Street Top of Curb ` b. The allowable drainage flow across street I intersections for the 10-year flood shall be as i follows., it Classification Cross Flow Arterial (divided and undivided) None Collector None Local/Ramidential: Inlets at intersection 10t of inlet capacity. No inlets at intersection Gutter flow of 4" or Isom. 13 1[ F c. Inverted crown sections are permitted only in i alleys. d. Street crowns shall be reduced for approximately one hundred (1000 feet on each side of valleys, and only one valley crossing for each street shall be used at an intersection. e. For streets with culverts or bridges, an emergency i overflow shall be provided to contain the 100-year flood without encroaching into an area in which a f building could be constructed. Water shall not encroach on the building side of the building setback line, 3. Pine System Reguirements. I a. Storm drain systems capable of conveying the 10-year frequency flood are required when water: spread and intersection cross flow limits are exceeded. Closed ! pipe systems shall be required for discharges up to and including the equivalent flow of a 48-inch pipe, unless the grade of the natural ground is less than 0.5%, then an enclosed pipe system shall be required { for discharges up to and including 100 c.f.s. d b. The minimum velocity with the pipe flowing full shall be three (3) feet per second. e. The minimum storm drain pipe diameter shall be eighteen (18) inches. d. Pipe diameters shall not normally decrease downstream. e. Pipe soffits at changes in pipe sizes should be set at the same elevation, f. Vertical curves in the conduit will not be permitted, and horizontal curves will be permitted only with the approval of the City Engineer. g. Manholes shall be placed at the connection of two (2) or more laterals, at pipe junctions having pipe sizes greater than twenty-four (24") inches, at drain system. Maximum manhole spacing storm of the shall be as follows: . I~ 14 I 1 ~ - 1 *l f /J 1 I r 1 t t A v v pine Size Maximum Snacina (inches) (feet) 18 - 36 600 42 - 60 1,000 Larger than 60 No limit 4. Driveway Culverts. All driveway culvert construction shall be inspected by the city during construction and i shall most the following requirements: i a. Culverts shall be of sufficient size to carry the f expected water flow within the channels be made of approved classes of reinforced concrete pipe (RCP) or corrugated metal pipe (CHP)s and shall be jointed together properly by materials approved by the City Engineer. b. The safety standards for ends to driveway culverts adopted by the Texas Departmenn of Highways and Public Transportation (TDHLPT), as amended, on file in the office of the city Engineer, are hereby adopted by reference to the following extents i (1) Culverts of twenty-one (21) inches in size or !I larger shall have 6:1 safety and sections. The ground around the end section shall have a grade of 6:1. (2) Culverts less than twenty-one (21") inches in t size shall have Type B end sections (Texas Highway Department Drawing CH-11). Type B headwalls and guardrails may be used for pipes larger than twenty-one (21") inches, when J approved by the City Engineer. 1 (3) Culverts of thirty (30") inches or less do not II require safety pipe runners. Culverts above thirty (30") inches shall meet THD i PT standards. 5. Detention Pon". All detention ponds shall be in compliance with any applicable design requirements of any State or Federal law or regulations, as amended, including the regulations of the Texas Water Commission, or its successor agency. The following requirements and design standards shall apply to detention ponds to the extent they do not conflict with any applicable Federal or State laws or regulations, as amended: 15 1 i J i 7 ,'L; f a 1 a. The 100-year flood shall be used to determine the J volume of detention storage required. Detention 1 facilities shall be designed ■o th2t any additional 4 runoff generated by the proposed development will not increase the amount of original discharge for storm frequencies from the 5-year to the 100-year flood. b. The Modified Rational Method shall be used to construct runoff hydrographs for detention storage design when the contributing drainage area is 200 acres or less. The procedures outlined in Soil Conservation Service Technical Release No. 20 (TR- 20)1 or in the Corps of Engineers Flood Hydrograph Package (HEC-1), shall be used to determine runoff hydrographs for detention storage design when the contributing drainage area exceeds 200 acres, The City Engineer may approve the use of other methods for runoff hydrographs when appropriate. c. An emergency spillway or overflow area shall be provided at the maximum 100-year pool level and shall be capable of conveying discharges as required by the regulations of the Texas Water Commission, or j its successor agency. The spillway shall be constructed of concrete, unless alternative materials are approved by the City Engineer. E d. Any outflow structure which conveys water through the embankment in a conduit shall be reinforced { concrete designed to support the external loads. The conduit shall withstand the internal hydraulic pressure without leakage under full external load or settlement and must convey water at the design velocity without damage to the interior surfece of the conduit. e. The outflow structure of a detention basin discharging water into any natural stream or unlined channel shall discharge at a non-erosive rate, unless approved erosion protection is provided in accordance with the Drainage Manual. f. Detention basins resulting from excavation shall provide positive drainage in accordance with the Drainage Manual. The side grade for any excavated detention basin, which is not in rock, shall not exceed 4c1. 16 14 5 Y t g. Earthen embankments used for water impoundments must be constructed according to specifications for fill material and be designed based upon geotechnical investigations of the site. The minimum crown width of the embankment shall be twelve (12) feet, h. Detention basins shall be designed with adequate ingress and egress to allow for regular maintenance, including periodic desilting and debris removal. Detention basins designed for permanent water storage must include dewatering facilities to allow for maintenance. Detention basins designed to serve drainage areas of 320 acres or more must include a desilting basin in the upstream pool area. i. Security fencing of a minimum height of six (6f) feet shall encompass the detention storage area if the velocity, depth, or slopes create a potentially dangerous condition. The fence shall be designed so as to allow access for maintenance and so as not to restrict stormwater flow into or out of the detention basin. i F. EASEMENTS. In addition to any other provisions of this Code relating to easements for public improvements, the following requirements for easements for public drainage improvements, channels, and C facilities required for any development by this Division shall apply3 r 1. All public drainage systems and facilities which are not to be included within an existing or proposed public street right-of-way shall be located within easements to be dedicated to the City and shall have adequate access to a public street. Prior to acceptance of any public drainage facilities, all easements within which the facilities are located shall be cleared of all buildings, atructuros, fences, or other obstacles that would interfere with access to the easements. 2. Easements for closed drainage systems shall meet the 4 following minimum standards, unless special circumstances warrant additional or reduced easements, as determined by the City Engineers 17 I Mptm ~INRVY A I I 1 n, as~ r, i y `tln P i I pine Size ^imu"~ Easement Width E 36" and under 15 feet 42" through 54" 20 feet 60" through 66" 25 feet R.u 72" and above 30 feet 3. Where an access road is required adjacent shall be provided. 4. Utilities shall not be located within any existing drainage easement, unless it is also designated for way t as sto shall be lated interfere with i maintenance utility use. No channel in such a utilities of or access to the channel. 5. A drainage easement shall be provided for the area within a required outfall channel or ditch to the point where the flowline "day lights" on natural grade. I 6. To provide for maintenance, a drainage easement shall be provided at least twenty-five feet (250) beyond any outfall beadwall. I G. Fld . l developments regulated by this Code shall be subject to All and comply with any applicable provision of the flood damage prevention ordinance, presently codified in Chapter 10-1/2 of the Code of ordinances, as amended, and the following requirements: u1n4,n,un Finishea Floor Elevation. Minimum finished floor elevations for proposed development areas shall be eighteen (18") inches above the 100-year flood elevation based on encroached stream conditions as contained in the appropriate flood insurance study. If a one hundred z year water surface elevation for encroached stream i conditions hau not been determined by a flood insurance study, the finished floor elevations in the development inches above the 100-year area flood shall based on ultimate watershed development 3 conditions. o e N 2. land shall b• modified in any flood lain or lloodway s until the drainage modification plans have been reviewed 18 s a I x. f I 1 r r, and a permit issued by the City Engineer in accordance with Chapter 10-1/2 of the Code of Ordinances, as amended. SECTION II. That paragraphs (a) and (b) of section 10 1/2-17 of the Code of Ordinances are amended to read as follows: (a) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated eighteen inches j (la") above the 100-year water surface 1 elevation based on encroached stream conditions in the appropriate flood insurance study or if k unavailable 100 year flood elevations based on ultimate development watershed conditions. A registered professional engineer, architect, or land surveyor shall submit a certification to the City Engineer, in accordance with section 10 1/2-14 (a), that the standard of this subsection is met. (b) Nonresidential construction. New construction or substantial improvement of a commercial, industrial or other nonresidential structure shall have the lowest floor, including any i basement, elevated eighteen inches (18") above t } the 100-year water surface elevation based on i encroached stream conditions as shown in the appropriate flood insurance study. If the flood insurance study does not include the property the required 100-year water surface f elevations shall be based on ultimate development watershed conditions. Attendant utility and sanitary .'.acilities shall be floodproofad so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and structural components have the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer, architect, or land surveyor shall submit a certification to the City Engineer, in accordance with section 10 1/2-14 (a), that the requirements of this subsection are met. r 19 f E` 1 s SECTION ITI That if any provision of this ordinance or application thereof to any person or circumstance is held invalid by any court, 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 that it would have enacted 3 such remaining portions despite any such invalidity. SECTION iV That any person violating any provision of this ordinance as it applies to property located within the City of Denton, shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V That this ordinance shall become effective fourteen (14 days from the date of its secretary is hereby directed to cause the caption of thand the Cit is 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 J` 1990. ~ i i I RAY STEPHENS, MAYOR ATTEST. 9 JENNIFER "ALTERS, CITY SECRETARY ' APPROVED AS TO LEGAL FORM: j DEBRA A. DRAYOVITCH, CITY ATTORNEY j BY: work\drain5 20 it ! - _ ~MJ l11 ~ 1I 1 o , CITY COUNCIL f i I y I F I {I I 1 k ~ s Q aF.i 0~~~, wCOQ~O 1 .Y f. / i ♦1 F11(n. i 1 f 4 ;i 2905L r l° RESOLUT70N NO. A RESOLUTION DESIGNATING THE WEEK OF APRIL 7 THROUGH 14, 1990 AS NATIONAL COMMUNITY DEVELOPMENT WEEK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the week of April 7 through 14, 1990 has been designated I as National Community Development Week" and the City of Denton is a participant in the Community Development Block Grant (CDBG) pro- gram which funds various social service agencies, public improve- ment projects and housing programs in the community; and i WHEREAS, in Denton and in communities throughout the nation, six- : teen years of Community Development Block Grant program funding has developed a strong working network of relationships between the City, residents of Community Development target neighborhoods and thc. nonprofit agencies which provide services and help make possible our commitment to those neighborhoods; and i WHEREAS, the City recognizes that the Community Development Block Grant program is a partnership of Federal, local government, and 1 community efforts, and that the services funded by the Federal CDBG k program, administered and delivered by the local governments, rely heavily on the dedication and goodwill of our combined efforts; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: 1 SECTION I. That during "National Community Development Week 090'1 -t e ouncil urges the citizens of Denton to give special thanks and recognition to all participants whose hard work and devotion to the neighborhoods and their low and moderate income residents help insure the quality and effectiveness of the Community Development Block Grant program. I SECTION II. r That the City Council hereby petitions the U.S. Congreas an dministration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant program, its vital importance to the community and to the people who live in its lower income neighborhoods. SECTION III. That the City Secretary forward copies of this reso ut off" on to the appropriate elected and apppointed officials in the Federal government and that the City of Denton's name be added ! to the roll of thosa committed to the preservation and full funding of the Community Development Block Grant and maintenance of its essential features over the course of the next Congress. r; s y ~I r i P SECTION IV. That this resolution shall become effective im- 4 mediate y upon its passage and approval. PASSED AND APPROVED this the day of , f 1990. r s RAY STEPH030 MAYOR a ATTEST: JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY - BY: 1 ~ i 1 PAGE 2 T , %Ott l s IBM F..,,. CITY a COUNCIL I E ~ I 1 O~~r D o F Ol~j 41 O~: o T M" TU M: 4- ~oOa e t ` 00~^ HOC GDS X: XMITI TIMIMMM, ~r , mom 4 F, , a q April 3, 1990 CITY COUNCIL AGENDA , TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager i' SUBJ: CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN I AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER TO PROVIDE FOR MUTUAL EMERGENCY ASSISTANCE IN THE FORM OF r h PERSONNEL, EQUIPMENT AND MATERIALS AND PROVIDING AN EFFECTIVE DATE. RECOMMENDATION: The Public Utilities Bcard, at their meeting of 3/21/90, recommended to the City Council approval of subject resolution and agreement. i I SUMMARY/BACKGROUND i From time to time, the city is requested to do utility work for Sanger and, in extreme circumstances, we may need to have a document that would protect us and our employees from liabilities that might be incurred while our people are working at their facilities. This document intends to accomplish this goal. The agreement further states that Sanger will pay actual costs for any assistance given them. pt This is a reciprocal agreement and the City of Denton would pay actual costs in the event that extreme emergency circumstances t E would require we call for Sanger's assistance. FISCAL IMPACT: Not determinable at this time. 'F ~i E ,~r a t PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: ? 1 City of Denton, City of Sanger, City Council. Res tfully itted L V. Harrell, City Manager Prepared: E.1 B. Tu lost U re to Electric Services Approved by: i R. E. Nelson, Execut ' Director of utilities Exhibit I Resolution II Agreement III Minutes of Public Utilities Board, March 21, 1990 6716U:2 s~ iII f i ~ i i 1 i t 79 n 4 ` 2895L f RESOLUTION NO. _ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER TO PROVIDE FOR MUTUAL r EMERGENCY ASSISTANCE IN THE FORM OF PERSONNEL, EQUIPMENT, AND G MATERIALS; AND PROVIDING AN EFFECTIVE DATE. if J THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: s I t i SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the City of Sanger to provide for emergency assistance in the form of personnel, equip- F ment, and materials, under the terms and conditions contained in } the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective im- mediate-Ty upon its passage and approval. PASSED AND APPROVED this the day of , 1990. l,~J RAY STEPHENS$ MAYOR r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA ADAMI ORAYOVITCH, CITY ATTORNEY BY., MCI r 27o9Lr i ` THE STATE OF TEXAS CITIES OF DENTON AND SANGER COUNTY OF DENTON § MUTUAL AID AGREEMENT This Agreement, made effective this W' day of 6k2r1UQAj r 19_410, by and between the City of Denton, a munici TT--corp Ya- tion, and the City of Sanger, Texas, a municipal corporation. +I ARTICLE I. PURPOSE 1 ,«f This Mutual Aid Agreement is established to provide a method whereby the Electric Utilities of the City of Denton and the City f of Sanger, which have sustained physical damage from natural disasters, can obtain emergency assistance in the form of personnel, equipment, and materials from each other. ARTICLE I1. DEFINITIONS A. DAMAGED UTILITY: The utility which sustains physical damage to its electrical system due to a natural disaster and k seeks assistance pursuant to this Agreement. B. ASSISTING UTILITY: The utility which agrees to provide s + assistance to a damaged utility pursuant to this Agreement. s? C. AUTAORIZED REPRESENTATIVE: An employee of each utility ~ I authorized by his utility to request or offer assistance under the terms of this Agreement. i` D. PERIOD OF ASSISTANCE: The period of time beginning with the departure of any personnel of the assisting utility from any r point for the purpose of traveling to the damaged utility in order to provide assistance and ending upon the return of all personnel of the assisting utility to their plea of work after } providing the assistance requested. ` E. WORK OR WORK-RELATED PERIOD: Any period of time in which II either the personnel or equipment of the assisting utility are being used by the damaged utility to provide assistance shall include travel time to and from the job. Specifically included within such period of time are rest breaks when the personnel of the assisting utility will return to active work within a reasonable time. Specifically excluded within such period of time are breakfast, lunch, and dinner. ARTICLE III. PROCEDURE In the event that either a City of Denton or City of Sanger utility becomes a damaged utility and, in its opinion, requires assistance from the other utility, the following procedures shall a be followed: r? I d 1 A. The damaged utility shall contact the authorized represen- tative of the assisting utility and provide him with the follow- ing information: r 1. a general description of the damage sustained; i 2. the part of the electrical system for which assistance 1 is needed, e.g. generation, transmission, substation, distribution, overhead or underground; 3. the amount and typo of personnel, equipment, materiels and supplies needed and a reasonable estimate of the j length of time they will be needed; and 4. a specific time and place for a representative of the 1 damaged utility to meet the personnel and equipment of the assisting utility. 8. When contacted by a damaged utility, the authorized re?- resentative of the assisting utility shall assess his utility a situation to determite whether it is capable of providing assis- tance. No participating utility shall be under any obligation to { provide assistance to a damaged utility. If the authorized representative determines that his utility is capable of and willing to provide assistance he shall so notify the authorized representative of the damagej utility and provide him with the following information: M1y.1' 1, a complete description of the personnel, equipment and 1 materials to be furnished to the damages utility; 2, the length of time the personnel, equipment and materials will be available; 3. the work experience and ability of the personnel and + the capability of the equipment to be furnished; { 4. the name of the person or persons to be designated as 3 supervisory personnel; and ! la S. the estimated time when the assistance provided will + arrive at the location designated by the authorized representative of the damaged utility. C. Pursuant to Vernon's Ann, ~ Civ. St. Art. 4413 (32c) Sec. SA (2) as amended, the assisting utility shall secure appropriate authority by its governing body before emergency assistance may ti be rendered. D. The personnel and equipment of the assisting utility shall la remain, at all times, wider the direct supervision and control of PAGE 2 r- k?AT ' the designated supervisory personnel of the assisting utility. Representatives of the damaged utility shall suggest work assignments and schedules for the personnel of the assisting utility. However, the designated supervisory personnel of the assisting utility shall have the exclusive responsibility and authority for assigning work and establishing work schedules for the personnel of the assisting utility. The designated supervisory personnel shall maintain daily personnel time records , and a log of equipment hours, be responsible for the operation and maintenance of the equipment furnished by the assisting utility, and report work progress to the damaged utility. E. The damaged utility shall have the responsibility of providing food and housing for the personnel of the assisting utility from the time of their arrival at the designated located h to the time of their departure. The food and shelter provided shall be subject to the approval of the supervisory personnel of the assisting utility. F. The damaged utility shall have the responsibility of providing communications between the personnel of the assisting utility and the damaged utility. ARTICLE IV. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any j assistance provided under this Agreement shall be agreed to prior to the providing of such assistance and shall be in accordance with the following provisions: A. During the period of assistance, the assisting utility f shall continue to pay its employees according to its then prevailing rules and regulations. The damaged utility shall reimburse the assisting utility for all direct and indirect costs and expenses incurred during the period of assistance, including, V but not limited to, employee pensions and benefits. B. The assisting utility shall be reimbursed for the use of its equipment during the period of assistance according to either a pre-estO lished hourly rata or according to the actual opera- tion and maintenance expenses incurred. I f ~ C. The assisting utility shall be reimbursed for all materials and supplies furnished by it and used or damaged during the y period of assistance, unless such damage is caused by negligence of the assisting utility's personnel. The measure of reimburse- j ment shall be the replacement cost of the materials and supplies used or damaged. In the alternative, the parties may agree that r tha damaged utility will replace with a like kind and quality as determined by the assisting utility, the materials and supplies used or damaged. PACE 3 I 0 , w"~.. i i { D. The assisting utility shall bill the damaged utility for all reimbursable expenses and the damaged utility shall pay the bill in full not later than 30 days following the billing date. Unpaid bills shall become delinquent upon the 60th day following the billing date and once delinquent shall accrue interest at the J rate of twelve (12) percent per annum or the prevailing prime 1 rate, whichever is less. ARTICLE V. LIABILITY A. Except as prohibited by law, the damaged utility assumes sole and exclusive responsibility and liability during the period b of assistance for any and all claims arising from loss, damage or injury to the personnel or property of the assisting utility, the 1 personnel or property of the damaged utility, and to third persons or their property. To the extent authorized by the constitution and laws of the State of Texas, the damaged utility agrees to indemnify and hold harmless the assisting utility from r any claims against it arising from such loss, damage or injury including, but not limited to, Workers Compensation claims, Group insurance claims and Pension Plan Benefits. B. The above paragraph is subject to the following exceptions: 1. If any loss, damage or injury to the personnel or property of the assisting utility would have occurred even if assistance had not been provided to the damaged utility under this Agreement, the assisting utility shall be solely and exclusively liable for any claims arising from such lose, damage or injury. 2. If any loss, damage or injury to the personnel or property of the assisting utility is not caused, to any extent, by the natural disaster (or its offect.s) which necessitated assistance being requested by the damaged utility and such loss, damage or injury does not occur during a work or work-related period, the assisting utility shall be solely and exclusively liable for any claima arising from such loss, damage or injury. C. In the case where a claim has been made against the assisting utility, and the assisting utility believes that the claim originated during the period of assistance, the assisting utility may promptly notify the damaged utility of the claim. The damaged utility shall have the right, to oversee and approve of all settlements in which the mged utility will indemnify the assisting utility. If the the $ damaged utility so chooses, it may provide for the defense PAGE 4 J J I~ cot', 0 of any claim made against the assisting utility for which it is required to indemnify the assisting utility. EXECUTED this the day of 19 , { ' FOOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1 BY., LIA k) CITY OF SANGER GGLr•4~eh , ATTEST: CITY SECRETARYO NM%Tr s PAGE S n it.r nkFL~ A ~ 1 1 Ft r F;q EXCERPT FROM MINUTES r PUBLIC UTILITIES BOARD March 21, 1990 11. CONSIDER A REFOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN XU-R-EEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER TO PROVIDE FOR MUTUAL EMERGENCY ASSISTANCE IN THE FORM OF ` PERSONNEL, EQUIPMENT AND MATERIALS) AND PR V D NG AN r EFFECTIVE DATE, t Tullos explained this was a reciprocal agreement between Sanger and Denton to provide for emergency assistance in the event of a catastrophe. Costs will be borne by the requesting agency. Legal Department has reviewed and approved subject agreement. Laney made a motion to accept recommend to the City Council approval of subject agreement. Second by Chew. All ayes# no nays, motion carried. a E t i V d r 4 { 11 mil Ole -7 tt t If VID] . CITY COUNCIL i r° ° o~o~y'c k t t+«o`~ IT T IM: #I :i~l Ott, i Ole- Y 1 CITY ' OF DENTON i MEMORANDUM i DATE; March 29, 1990 T0: Mayor and City Council { FROM. Lloyd V. Harrell, City Manager SUEJECT: TEMPORARY CLOSING OF FRY STREET FOR THE ANNUAL DELTA LODGE, FRY STREET FAIR j $ECOMMENDATIONI That Council approve the Resolution Temporarily Closing Street Between The Intersection of Oak street and Hickory StrFeery t On Sunday, April 29, 1990; and Providing an Effective Date. SSJI~S8F3Y,. ` Delta Lodge has requested the closure of Fry Street, between the intersection of Oak Street and Hickory Street, on Sunday, April 29, 1990. The 1990 celebration represents the 11th year of the Delta Lodge fair. All residents and businesses affected by the s individual, treet closure have been contacted and have signed in favor. One tthe closure. Mr rt Lo eleswelas local attorney, is owner n of to he commercial property located on the eastside of Fry street; however, he is not a tenant or resident of the street. In addition, all of his tenants have signed in favor of the closure. The members of Delta Lodge have attempted to work with Mr. Loveless and have assured the protection of his properties (as indicated by the attached letter from Mr. Mainul Hasan, Delta Lodge President). } s Both Fire Chief Joho Cook and Police Captain Jim Dotson have been i contacted about the closure and concur with staff's recommendation to approve the resolution. A rain date of Sunday, May 130 1990 has also been set. Prepared by: Jesus Nave, Jr., Assistant to the City Manager Cr/ G t .W'~Fy it r 3 k 2923L RESOLUTION NO. t { A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN THE INTER- 1 SECTION OF OAK STREET AND HICKORY STREET ON SUNDAY, APRIL 29, 1990; AND PROVIDING AN EFFECTIVE DATE, to 29, 1990, the Lodge is E the S Fry Street Fair April held on Delta soring between spon- intersection of Oak and Hickory; and t WHEREAS, all abutting owners of the street have given their permission to the temporary closing of said street; and WHEREAS, the Fry Street Fair is open to the general public of the City and County of Denton; and i WHEREAS, in order to provide adequate space for the said Fry Street Fair and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is neces- sary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 6:00 a.m. until 8:00 p.m. on Sunday, April 290 1990; NOW9 THEREFORE, a THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Fry Street between Oak Street and Hickory Street shall e temporarily closed as a street or public thorough- fare of any kind or character whatever on Sunday, April 29, 1990 from 6t00 a.m. until 8t00 p.m. for the purpose of holding the Delta Lodgga Fry Street Fair, provided, however, that the following con- ditions are met by to Delta Lodge: 1. The Lodge will provide personnel to help keep the Grace Temple Baptist Church parking lot clear of non-church members; i 2. That the Lodge will provide personnel to clean up after the Fry Street Fair; end 3 3. That no music will be played until 12:15 p.m. E SECTION II. That to City Manager shall direct the appropriate City Department to erect barricades at Fry Street from the in- tersection of Oak Street and the intersection of Hickory Street, at 6:00 a.m. on April 29, 19909 and to have the same removed at 8:00 p.m, on said date. SECTION 111. That in the event of rain, said street may be close on Sun ay, May 13, 1990. i MAX J w ..1 C~ (K1MJ ~ II/ P■■{ r j~ r.,".:. SECTION IV. That this resolution shall take effect and be in full orce an effect from and after the date of its Passage. 1 PASSED AND APPROVED this the day of 1990. ~a TWSTEPHK MAYOR ATTEST: JENNIFER WA1.TERS9 CITY SECRETARY II, 2 APPROVED AS TO LEGAL FORM- DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 1 r , n L t PAGE 2P .r • yMy,. rw~ w~ 1 REQUEST FOR STREET CLOSURE i j organization requesting street closure bftrA LnaQE Contact Person: 1k5:.~ Address: lAos w oAK sr 'j)EKrOa YY Phone Number: H0-783-WR4, Street To Be Closed: v 3r. R..,. Darr+nAY i99o w„ Date and Time To Be Closed: APR). Z9 ))W, LEAH, e Intersecting Streets: ORk kor -r {jS Reason For Closure: rikr s:. Pije Please complete the bottom portion of this term. TU residents i and/or businesses affected by the street closure MyJLT be contacted and sign below with an indication of being in favor or in opposition to the street closure. NAME AUTHORIZED i OF BUSINESS SIGNATURE / OR/OPPOSE t t J Add t/Or 41 2, er Rce'S' dew, 1 3 a_ a; I vo r 4. ,x 9. eA4-- i a~J 2963C15' I-AVo/j n r ~{N' AtY I To: Jesus Nava f ? Assistant City Manager, City of Denton. From Halnul Hasan President, Delta Lodge. Dear Sir: Here is the letter you requested which detalld our situation with Fry Street Fair. As the situation stands, all of the business owners on Fry Street have signed our petition for the fair and are very enthusiastic about Fry Street Fair. However, one of the property owners, Curtis Lovelace, has declined to sign our petition. This is the first time in the ten years that we have held Fry Street Fair that anyone has refused to sign. If the fair proved to be a continual problem or if the problem about which Mr. Lovelace is concerned had occurred last year, we could understand his j refusal. However this is not the case. Mr. Lovelace will not sign the petition because of a situation that occurred two years ago. At Fry Street Fair 1988 someone climbed onto the roof of the University Barber Shop and caused seventy-five dollars ($78) In damages. We were notified of this damage by the proprietor of the barber shop and we gladly paid for the damage. As any of the business owners can tell you, we have worked very ha rd over the years to comply with the requests of all of the signees and to rectify any problems that they may have. Last year the fair had no such incidents and yet now that Mr, r ' Lovelace has learned of this incident he will not sign, We have already obtained the signature of the proprietor of the barber shop for this year's fair, and he has no qualms as long as we keep people off of his roof. We informed Mr. Lovelace that we will 111 station one of the Denton Police Officers that we hire for the fair so that he can keep everyone off of the roof, yet Mr. Lovelace r still refuses to sign. I It would be a tragedy if the fair were to not occur because of this one person. Not only is the fair a significant cultural tradition In Denton, the fair allows us to make a sizeable contribution to the United Way. I hope this letter makes our situation clear. If I may be of ` service to you In any way please do not hesitate to call me. E Sincerely, 7 C „C--- _ al ul Hasan President, Delta Lodge i r i I i i q ~ f 10 1 t r I I DIAGRAM OF FRY STREET FAIR AS APPROVED ,knee OAK F. E F..a Niv Fib / / I 4 It / l } ~14ti5 /l. ! W ~r i f imw „W ~ HIC ~Co~ Y i 3 :r a I I i r~ ~ r - IIITITTTTTTTilL CITY f COUNCIL F¢4f 1 4 P k 111 44 4: l1wom Y i 41 TXT t pa ` LLL O0~ s k r~ M S~4~JV^v Mil- C lnl= 7 4j A CITY of DSNr0 / 215 E, McKinney / Denton, Texas 76201 I MEMORANDUM t x. DATE: March 29, 1990 T0: Lloyd V. Harrell, City Manager v 3 FROM: John F. McGrane, Executive Director of Finance SUBJECT: BUDGET RECAP F. Total revenues through the end of February, 1990 were $15,670,840 which compares to the amount for the same period last year of $14,5011822. As a percent of the total budget amount, current total e collections are at fifty-eight (581) percent which is the exact same ' percent as last year for the same time period. The major revenue categories for the General Fund are Property Tax, y, Sales Tax, and Utility Fund Transfers. These three sources,'. combined, total eighty (801) percent of the total General Fund Revenue Budget. Current property tax collections at the end of February were at 87.361 of the total levy, and delinquent s collections were at 1.661. For the same period last year, current j tax collections were at 87.9St and delinquent collections at 1.901. Both current and delinquent taxes seem to be on track as compared to prior years. ^ Sales tax collections are $54,278 below budgeted projections. This is primarily oue to the January collections which were $88,977 under budget. We will continue to monitor the sales tax to see if there is improvement in the overall collections, or whether the current downward trend continues. As you are aware, the month to month? fluctuations can vary considerably and, therefore, makes projecting very difficult. b. On the positive side, the Finance Department was able to recoup $79,000 from the State which was not originally a budgeted item. In t addition, interest income is up $60,000 over the same time period last year. ~t s y3 y, f { Memo to Lloyd V. Harrell March 29, 1990 Page 2 Total General Fund expenditures year-to-date are at $10,5339551 4 compared to last year's amount of $909400555. This equates on the current year basis to thirty-nine (391) percent of the total budget ' as compared to last year at thirty - eight (381) percent. It appears 4 that expenditures are tracking consistently with prior year experiences and, barring any unforeseen circumstances, should come within target. If you have any additional questions, or need any additional information, please advise. JFMcG :af 5181F i f , ~s j a I 11ef ~ r- i'nS f, i E I I ' 1 FILE I , 1 J