HomeMy WebLinkAbout01-08-1991
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AGENDA
CITY OF DENTON CITY COUNCIL
January 8, 1991
Work Session of the City of Denton City Council
January e, 1991, at 5:15 p.m. on Tuesday,
in the Civil Defense Room of City
Hall, 215 E. McKinney, I'Qnton. Texas at which the following
items will be considered:
5:15 P.M.
Note., Any item listed on the Agenda for the Work Session may
also be considered at part of the Agenda for the
Regular Meeting. C"
(NOTE: Reception for Youth [n Government participants and
parents at 6:30 p.m,)
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1, Executive session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
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1. consider action in County vs itv. }
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B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
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[ C. Personnel/Board Appointments Under Sec. ?.(g), i
Art 6252-17 V.A.T.S.
5:45 p.m.
2. Hold a discussion regarding the Denton Youth Sports
Association's request to sell advertising signs to be
mounted on outfield fences at various ballfields and
give staff direction.
3. Hold a briefing and discucstor, regarding the statue of
various highway projects.
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Regular Meeting of the City of Denton City Council on Tuesday, I
January 8, 1991, =.t 7:00 p.m. in the Council Chambers of City
Hail, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
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City of Denton City council Agenda
January 8, 1991
Page 2
7:00 p.m.
1. Pledge of Allegiance
2. Consider approval of minutes of the Work Session of
November 27, 1990, and the Regular Sessions of
December 11, 1990, and December 18, 1990.
3. Receive a citizen report from Rey Trejo regarding a
sewer backup problem.
4. Public Hearings
A. Hold a public hearing to consider a petition by
Golden Triangle Joint Venture to approve a
detailed plan and development standards and an
ordinance recommended by the Planning and Zoning
Commission amending PD6, providing for approval
of a detailed plan, development standards, and
conditions for 1.727 acres of land located on the
1-35 service road and adjacent to Wolfe's
Nursery. Z-90-009
1. Consider approval of a petitic•,ti by Golden
Triangle Joint Venture to approve a detailed
plan and development standards. (The
Planning and Zoning Commission recommends
denial of the Golden Triangle Joint Venture
petition.)
2. Consider approval of a petition amending
PD6, providing for approval of a detailed
plan, development standards, and conditions
for 1.727 acres of land located on the 1••35
service road and adjacent to Wolfe's
Nursery. (The Planning and Zoning
commission recommends approval of the City's
petition.)
B. Hold a public hearing and consider an ordinance
approving the rezoning and concept plan of a
14.198 acre tract of land from Agricultural
District to Planned Development District for the
purpose of a mixed use development on property
located at the southwest corner of U. S. Highway
77 and Riney Road. Z-90-010 (1h4 Ptanninq and
Zoning commission recommends approval.)
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City of Denton City Council Aqenda 1
January 8, 1991
Page 3
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5. Cunsent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
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 6.A, 6.B). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance. G
A. Bids and Purchase Orders:
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1. Bid #1161 - Transformer Repair
2. Bid #11A2 - 500 KVA Transformer 5
3. Bid #1184 - Capacitor Banks
4. Bid #1.192 - Loader/Backhoe & Tractor
5. Bid 01195 - Tires {
6. Bid #1196 - Batteries
7. P.C. 010949 - Proctor Turbine Service
S. P.C. 1111550 - J & S, Equipment
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9. P.C. #11569 - A & P Water & Sewer Supply
6. Ordinances
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A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services. (5.A.1. - Bid }
101161, S.A.2. - Bid 01182, 5.A.3. - Bid #1184,
5.A.4. - Bid #1192, S.A.S. - Bid #1195, 5.A.6. -
Bid #1196)
k B. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplleh n. services in
accordance with the provisions of state ;aw
exempting such purchases from requirements of
competitive bids. (5.A.7. - PC 010949, S.A.B.
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PC 011550, S.A.9. - PC #11569)
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City of Denton City Council Agenda
January 8, 1991
Page 4 i
C. Consider adoption of an ordinance authorizing the
execution of Change Order No. 2 to a contract
between the City of Denton and Martin K. Eby
Construction Co., Inc.; and providing for an
increase in the contract price. (The Public
Utilities Board recommends approval,)
D. Consider adoption of an ordinance authorizing the
Mayor to execute Amendment M2 to the agreement of
February 16, 1988 !~stween the City of Denton and
Freese and Nichols Inc, relating to professional
engineering services for design of the Lake Ray
Roberts Water Treatment Plant. (The Public
Utilities Board recommends approval.)
E. Consider adoption of an ordinance establishing
fees to be charged by the Denton Municipal
Laboratory for coliform bacteriological
analyses. (The Public Utilities Board recommends
approval.)
7. Resolutions
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A. Consider approval of a resolution recommending a f
location for the State Department of Highways and f
Public Transportation Landscape Grant Award.
8. Miscellaneous matters from the City Manager. r
9. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
10. New Business:
This item provides a section for Council Members to I
suggest items for future agendas.
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I 11. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(9),
Art 6252-17 V.A.T.S.
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City of Denton City Council Agenda
January 8, 1991
Page S
NOTE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT
IS LEGALLY PERMISSIBLE. I
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C E R T I F I C A T E
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I certify that the above notice of meeting was posted on the j
bulletin board at the City Hall of the City of Denton, Texas,
on the day of 1990 at o'clock i
(a.m.) (p.m.)
3333C CITY SECRETARY
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3003L s 1
RESOLUTION NO.
A RESOLUTION CREATING THE BLUE RIBBON COMMITTEE FOR STORM WATER
UTILITY TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE PUBLIC
UTILITY BOARD AND CITY COUNCIL RELATIVE TO THE NEED OF A STORM
WATER UTILITY; AND PROVIDING FOR Al; EFFECTIVE DATE.
SECTION 1. There is hereby- created and established the Blue
Ribbon Commit ae for Storm Water Utility, which shall be composed cr:
of nineteen persons selected from the following groups and organi-
zations.,
2 Members of the Publfo Utilities Board
1 Member of the Planning 6 Zoning Commission
1 Member of the City's Planning Department
1 Member of the City's Community Services Administration
Department
1 Member of the City's Utility Administration Department
1 Member of the City's Parke Recreation Department
1 Member from the Chamber of Commerce
2 Members selected from Local Businesses
4 Members selected from residential areas r
1 Member selected from the League of Women Voters
1 Member selected from the University of North Texas
1 Member selected from the Texas Woman's University
1 1 Mfimber selected from the Denton Independent School District
1 Member representative of Denton Industry
SECTION ii. It shall be the charge of the Storm Water Utility
Advisor" y Com'fttee to:
a. Review and evaluate the necessity of establishing a
Storm Water ManagAment Utility for the City of Denton
and to submit an evaluation to the Public Utilities
Board which shall include a recommendation of whether
the City should pursue the establishment of such a
utility.
b, Should the Committee recommend the establishment of
said Utility, the Committee shall provide recommends-
tiona to the Public Utilities Board regarding the
most feasible method for establishing said Utility.
SECTION III. That this recolutioa shall be effective ia-
mediate y upoa to paasaga and approval.
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PASSED AND APPROVED this the 4&d
1990. ay of
g~7CSTTLLE , c
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR D AS 0 LEGAL vnaw,
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CITY COUNCIL REPORT FORMAT
T0: Mayor and Meabers of the City Council
FROM: Lloyd V, Harrell, City Manager
SUBJECT: Sports Advertising Ballfield Signs
RECOMMEsDAT-1O.N Park Board and staff recommends approval.
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SUM?1ARY: Denton Youth Sports Association would like to sell advertising signs
and mount them on the outfield fences at various ballfields, hey
would also like to be responsible for advertising and maintenaTnce of
the scoreboards at these fields.
BACKGROUND. The DYSA members feel that this will assist them to generating !
revenue for their various associations, since the City eliminated {
their subsidies for officials These groups are looking for new
ways to help them to fund their organizations.
PROGR_ AM_ a DEPARTMENTS OR GAQUPS AFFECTED: If approved the Parks and !
and Recreation Derartment would allow the-DYSA to sell these signs and
display them for the season in which the sport operates.
FISCAL IMPACT: N/A
RESPE LILLY SU T ED:
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City Manager r
Prepared by:
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cony of os mroAF / 215 sF, McKinney i Denton, Texas 7D201
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M E M O R A N D U M
TO; Betty McKean, Executive Director for Municipal Services
and Economic Development
FROM: Steve Brinkman, Director of Parks and Recreation '
DATE: January 3, 1991
SUBJECT: Proposal on Advertising Signs
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Wayne Allen, who represents the new Denton Youth Sports Association, has f
approached the Park Board about allowing his group to sell advertising signs d
and mount them on outfield fences at all of our athletic fields. He also
requested that we permit his group to sell an advertisement on all of the
scoreboards which would go toward maintaining the existing scoreboards and
getting new scoreboards installed.
This request was reviewed by the Park Board on October 15, 1990, and they
recommended to staff thst we authorize this advertising at athletic fields
which are used for youth baseball and softball. We have checked with the
Planning Department and they cannot find any problems with our existing City
ordinances as long as the advertising is not visible from a city street, P
Frank Robbins also indicated he wanted to continue to review this so he can
clear up some of the existing language in the ordinance. Our staff has toured
all of these fields and do not see an
Mack, or North Lakes. At the present ptime ethere iIs only oneefencedtfieldiat
Evers and it is debatable whether you will be able to read any of the signs i
from Evers Parkway. We will try to mount a 4'x as demo sign at that location 1
and see if they can be rend from the street. If it is 8sible to read the
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4'x 8' sign, we will try a 3'x 6' sign with smaller lettering and check that s
as well.
Steve Brinkman
ADMN2013
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PROPOSED POLICY
GUIDELINES FOR PLACING SIGNS ON CITY PROPERTY
BY NOR-PROPIT ORGANISATION
1• The Youth Sports Association will be ultimately responsible for the
signs.
2. The Youth Sports Association will govern the signs including, but not
limited to, setting the prevailing costs for sign advertising,
3e The Youth Sports Association through its own endeavors will assign parks
and dates for use to each s
advertising only for the assigned group. Groups will be allowed to sell
g park rk and dates.
40 The sports group granted the right to use fences for advertising will be
responsible for installation and removal,
a. eEach videncertsofrouvandalismbe ands~weathering for
and will their
keep them signs wefor
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maintained, Here again, the Youth Sports Association will be )
responsible for making sure this in done,
60 All signs will be of uniform size (4' x 81) maximum,
7, signs will be installed level and plumb, r
8e Signs will be Installed in a fashion so as to protect players from the
fence,
9s Signs shall not have any sharp edges or corners,
30, No signs will have a white backgrounds
11. No promotion of alcoholic beverages or tobacco products will be allowed.
12, All maintenance of scoreboards will be the responsibility of the Youth
Sports Association, and the revenues from advertising (one ad per i
scoreboard) will ?
go to the Youth Sports Association for their operating
fund.
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13. This arrangement with the Youth Sports Association will be perretual and
} exclusive until the City Council deems it necessary to review the policy,
14. The Youth Sports Association will pay for any damage to fences caused by
the signs due to wind, improper installation, etc.
ADMOO891
Rove 10/23/90
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ctry of oamrom 1115 E. McKinney / Denton, Texas 76101
PARRS AND RECREATION BOARD MEETING
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MONDAY, OCTOBER 150 1990
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5200 p,N. SENIOR CENTER
MEMBERS PRESENT: Dalton Gregory, Chairman
Roy Appleton III, Vice Chairman
Catherine Bell
Rita Pilkey
Carl Anderson
STAPP PRESENTS Steve Brinkman, Director of Parks and Recreatio
Joy Hesch, Senioc Secretary
GUESTS PRESENT! Jerry Drake, City Of Denton Legal Department
Wayne Allen, Denton Boys' Baseball, Inc. s
I. MEETING CALLED TO ORDER
The seeting was called to order by Dalton Gregory, Chairman,
II, APPROVAL OF MINUTES
On a motion by Rita Pilkey, second of Catherine Hell, th3 minutes of the
meeting of September 17, 1990, were approved.
III. PRESENTATION BY CITY ATTORNEY REGARDING LEGAL ISSUES
AND APPIRMATION OF pUALIPICArION3 FOR BOARD MEMBERS.
Jerry Drake, representing the city Attorney, said the Parke and
Recreation Board can only act upon those things that were enacted by the
entity that created the Board, As a Parks and Recreation Advisory
Board, the Board cannot be put in a position of authority, Members of
' the Board can express opinions as individuals In an outside situation
but not as representatives of the Board. He said that since it is an
advisory board It is not subject to the open meetings act, when
questioned about the item on the agenda which stated 80ther Business',
Jerry said that other iteme may be added to the agenda as long as no
` action is taken. He suggested that the item should state, 'Other
R4 Business consisting of items and concerns brought by citizens, staff,
and Boa:d members on which no action will be taken,'
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Parks and Recreation Board Meeting
October 15, 1990
Page - 2
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Other items of interest he covered were public heartngs, conflicts of
interest, and personal liability, He said p4lblic hearings should be
posted as an agenda item. In the matter of conflict of interest, the
member would abstain from voting if an action would have a bearing on a
business in which a member had more than a 101 interest. Regarding
personal liability, he said that as long as a Board member is following
the established rules the Board member will not be personally liable,
the city would be.
IV. OLD BUSINESS
11 Disc:as oualifications for Advisory Board Participation:
The Board felt that the only basic requirement for participation C:
was just an interest, Council appointed advisory boards have no
formal requirements.
28 Discussion of Pees and Chargeat
Steve said he wanted the Board to be aware that the city had
increased fees to generate additional funding with the cemetery
fees included but not parks ind recreation fees. At the September
17, 1990 meeting, a list of proposed changes in parks and
recreation fees had been presented to the Board which were
discussed. After the discussion, Roy moved the Board approve
' acceptance of the new fee structure. The department should monitor ,
the impact of the fee structure and report back to the Board. Carl
seconded the motion, and the motion wee passed with a unanimous
vote.
V. NEW BUSINESS
1. Presentation from Kathy Scott:
This item was removed from the agenda at the meeting.
2. Presentation from Wayne Allen:
Wayne Allen, representing Denton Boys' Breeball, Inc., read a
statement requesting the use of athletic field fences for J
advertising to help alleviate some of the financial burden which
was created by budget Cuts, The proposed fee is $200 per sign and
{ will be installed at Evers, Roberta, Mack, and Denla Perks. After
receiving input from the Board, Wayne said he will submit a list of
revised guidelines for consideration by the Board,
Carl moved that the Board endorse the concept of advertising in
city athletic fields which are used for youth baseball and
softball, Rita seconded the motion. The motion was passed with a I
unanimous vote,
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Parka and Recreation Board Meeting
October 15, 1990 y
Page - 3
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3. Review Youth Sports Standards%
Steve said he wanted to refresh the Board's memory of the youth
sports standards which were approved in April, 1988- He said two
youth sports associations, soccer and girls' softball, have veered
slightly from the standards.
VI. OTHER BUSINESS
Carl told the Board that he considers the new Avondale Park to be very
nice, but it needs a restroom facility as do other City parka. He asked
about the possibility of getting a neighborhood group to fund restrooms
at Avondale. Steve said the department would look into the matter.
halton asked if the staff could come up with some recommendations far
the use of the CIP funds earmarked for the two additional recreation '
centers. The Board felt that acme of the funds should be diverted to
improve our park areas and that those improvements would not increase
our operation and maintenance costs.
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VII. ADJOURN
On a motion by Roy Appleton, second of Carl Anderson, the meeting was
adjourned.
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WAYNE
AI:E
Octooer 16. 1990
City of Denton Park Board
Attentl,)n: Dalton Gregory. Chairman
Dear Daltont
Thank you and your board very much for your valuable Input ,
at our recent meeting.
I would like to take this time to apologize for not having
thought my proposal through more carefully. Your and the
board's questions and thoughtful Input have helped me
organize my thoughts. I think you will find that I have
answered all your questions and put them In a little better
order.
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Please note that an additional Item (#12) has been added. °I
As of now, existing scoreboards are not In very r
If the Youth Sports Association is allawed maintenanceh fey
all scoreboards, we will see to It, as part of the contract,
that they are kept In working order, as Is reasonably
possible.
The scoreboards would not be a money-making proposition, as
advertiser maintenance would be a part of the advertising
contract. Therefore, the boards would be well maintained
throughout the playing se03ons.
Agaln, I woula like to thank you and the board for your time
and andorsoment of my proposal. I wish yru and your board
well.
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Slncerely, 1
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Wayne 0. Allen
Encls.
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CITY COUNCIL MINUTES
November 27, 1990
The City Council conducted an on-site tour of the Animal
Control/Environmental Health facility and Fire station k5
beginning at 4:00 p.m..
The City Council convened into the Work Session at 5:1` n.m. in
the Civil Defense Room.
PRESENT: Mayor Castleberry, Mayor Pro Tem Boyd, Council
Members Alexander, Ayer, Gorton, Hopkins, and
Trent r
ABSENT None
1 1. The City Council received a report and held a
discussion
Task regarding Force t and Resource pavers proTeam ject R for r the Square. of Main
Jane Biles, Main Street Manager, highlighted the Main Street
Resource Team Report written after a visit of the Resource Team
in May 1990. This report can be found on file with the agenda
backup in the City Secretary's e ResourceofTeam. hadM already been
recommendations made by
accomplished while other recommendaAt° its 0 tobeerithe
meeting,
progress or in the planning stages. uideline
the Main Street Task FC m eof dwork foris1991 octThe Main Street
for developing a p pr9
report, Biles reviewed
in a the Resource Statement, Me.
TForce ask
points revised otlined Mission
the main
Biles highlighted marketing efforts for the Square, apartmeand
created, efforts to have more university involvement,
combining Jazz Feat and Spring Fling and expanding it into a
two-day event in April. The Main Street program had served as
a communication vehicle between several community groups and
over encouragad
n1hety percent o occupancy matithe storefront level. had
More was being Jone to promote the historical sees of the
Square. To increase visibility, signs would be rected to
direct visitors to the downtown area. Main Street was With
advertising moro in the papers as well as working
reporters from the North Texas Daily.
New traffic controllers on the Square were going to be
installed and painted green to match the existing trash cans.
The light standards would also be replaced with period lighting
fixtures. As a part of this project, pedestrian pavers would
be installed with the aid of private sector donations. Bricks
thelprojecptuwasaexpected withinnthe next Oeighteto ten pleo ths, of
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November 27, 1994
Page 2
Rick Svehla, Deputy City Manager, drew a diagram of the traffic
islands, the pedestrian paving sections, ha Thisappraccess oject rwould
and possible parking co
encompass twelve corners, which did not include the inside Courthouse corners. The project would increase total pa:icing
ith
by fifteen spaces. The staff would come back excess omon.y made
the technical aspects of this project. Any e
from this project would be designated to beautif',.cation
projects in this area. A parking study had just been completed
in the downtown area and a written needs assessment sin ea i
would be forthcoming with the results being
parking management plan.
Main Street received awards four state from the a
Association in San Antonio. The holiday lightinga entntwas
also very successful.
Since the Main Street program had grown, the Main Street Task
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Force was requesting a restructuring. Herbert Holl and Bob
Woodin, two members of the Main Street Task Force, recommended r
that the organizational structure be changechd on task
force. They requested that the group be of eleven members
Downtown Development Advisory Board made up
J1 with two of these members from the Central Business District
Association. Woodin also requested that the
active me two yehad
staggered terms. All eleven currently
agreed to continue to serve.
Council Member Ayer asked if the eleven currently active
` members represented a broad base.
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{ Mr. Woodin responded yes.
Ms. Giles requested that eleven people be appointed by the City
appoint
Council and the Central Business District Association '
s two members in an ex officio capacity.
Council Member Alexander noted that comments hadp= been made that
the City was anti-business, However# this example of what could ity be
private ssector ainitadej int
andn when a
taken by both the C
venture. He was very proud of the excellent cooperative
efforts that had occurred during the three yearb of this
program's existence.
The
associated withethedfilm, 'Mittelmann'siHardware,etceet closing
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City of Denton City COUncil Minutes
November 27, 1990
Page 3
Betty McKean, Executive Director for Municipal Services and
Economic Development, updated the council on the shooting
problems of the film shoot
, Lead actor, George C.
s and had been in a Dallas hospital recovering afrom aan
angioplasty. This caused the film to be behind schedule
according to the previously approved resolution closing the
intersection of Dallas and Eagle Drive, The streets had been
closed for five full days and for
of a sixth day, if the
part wished to extend the time peri to al
be completed, it would require a specialdmeetin g 1 to the film to
resolution. A meeting had been set for Friday, November 30,hat
4:45 p.m. If the Council wished to vote on extending the street
closing.
The Mayor asked City Attorney Debra Drayovit:h to ure
that the Council followed the law, since this item awas snot
published,
Ms. Drayovitch advised the Council that there should be no
discussion of the item since it was not posted on the agenda,
but merely presentation from the staff and responding to
questions that Council members might have. The movie company
had asked that the street closing be extended until December 10,
Council Member Trent asked that additional information be
provided as backup with an update on Mr. Scott's condition,
Council Member Boyd asked for information on complaints
received concerning this street closing. An additional two
police officers were hired by the film company to ensure that
the area was fully manned.
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The Council directed staff to present a resolution to extend
the street closure at a special meeting on Friday, November 30,
2• The City Council received a reor and hold d
recomme iscussiontionreg for ng siteehe for Beautificationt C mmission's
Achievement Award, the Governor's Community
Jeane Morrison, Chairperson of the Beautification Commission,
stated that the Commission had received a $1000 check from
Wal-Mart for beautification efforts In Denton.
Beautification Commission had been meeting with members of City
staff and Pat Haigh, Landscape Architect with the State Highway
Department, concerning possible sites for using the $100,000
state landscape grant money. The land must be on State ,
right-of-way, All State/City joint
were eliminated. The Commission recommended therthree sites win
the following order: 11 I-35E at
the
Intersection
of Lillian
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City of Denton City Council Minutes 1
November 27, 1990
Page 4
Miller Parkway and Loop 288; 2) Dallas Drive north of Rio
Grande; 3) and the I-35E and I-35W merge. The I-35E site at
Loop 288 and Lillian Miller was given priority because of its
visibility to Denton and non-Denton residents. This site would
also allow the most amount of money to be used for landscape
instead of concrete improvements. The Dallas Drive site would
require a substantial amount of money to be used for curbing
and drainage improvements instead of landscaping. The City
also recently received a matching grant to do a median project
on Dallas Drive from the I-35E service road to Rio Grande.
Future Beautification monies might help expand this median
project further If the award money were
the interstate area. the State would maintain the area
for three years instead of one year. This was also t
consideration in the commission's decision making.
Council Member Trent asked if businesses had been encouraged to i
landscape the areas near their businesses. Me. Morrison said
that the Commission had investigated ways to accomplish
beautification efforts through business voluntarily
contributing money or time for landscape projects. These
efforts were currently underway. t1
Council Member Hopkins asked that this item be brought back at
the December 11 City Council meeting.
Council Member Alexander asked if all three sites went to the
Stara for their final consideration.
Me. Morrison answered that the state asked for three
recommendations, but made the final decision.
Council Member Alexander noted that he understood why the
commission recommended the Loop 288 site, but would like to see
the City pursue ways to complete the Dallas Drive project.
Ms. Morrison said that the Commission had otiginally wanted
Dallas Drive to be the first choice. However, the State
generally did not tie two grant sites together because it
caused administrative anri budgeting problems as it was funded
through the Keep Texas Beautiful project.
A tentative schedule for completion of the project was as
follows:
Site Selection - Jartuary 1991
Design - March 1991
Bids - summer 1991
Planting - October 1991
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November 27, 1990
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3. The City Council received a report and held a
discussion regarding the landfill operation status and issues
relating to the possible sale of the commercial solid waste
operations.
Bill Angelo, Director of Community Services, presented a
history of the Edwards Lane landfill from 1982 until the
present. The landfill started receiving garbage in 1985.
After tracking the first five months of operation, it was C
discovered that the volumes received were over double what was
anticipated. This had partially led to the problem of a
premature closing of the landfill. In 1987, a new closure date
1 leas estimated to be October 1994. This was considerably less
than the original forecast date of 2010. In 1987, the City
Council increased rates at the landfill and residential an'
commercial rates, to reduce volumes and set aside money to pa.
for premature closure costs.
In July 19880 the Solid Waste Advisory Committee studied the
issues involved and presented recommendations to City Council
in August 1989. The State had placed the City on several
compliance schedules, the most recent being in October 1990, r
The Solid Waste Advisory Committee recommendations included
several major recommendations. The first being to make no
changes in the residential service. The second recommendation
w+,s that the City become the sole provider of commercial solid
waste service. The third recommendation was that the City
continue to operate the landfill facility. The fourth
recommendation was for the City to pursue the recycling
programs.
The other major course of action recommended was for the City
to replace the landfill when it reached capacity. Based on all
the options available, the Committee recommended that the City
acquire property for a new landfill.
Angelo discussed some of the possible regulations to be
contained in the Environmental Protection Agency Subtitle D
regulations scheduled to be published in January 1992 with an
effective date of July 1, 1992. Double liners and a leachate
collection system may be required for cities that have an
average annual rainfall of over 43 inches in these new
regulations. Denton's average rainfall has been 27 inches up
until last year. Groundwater monitoring systems would also be
required which Denton currently had. The City might have to
test for more constituents than currently done. Gas monitoring
systems and daily cover requirements were also part of these
regulations which the City had in place. Postalosure
requirements were expected to be increased to 30 years for
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City of Denton City Council Minutes ,
November 27, 1990
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landfills closing. This had been estimated at a cost of
$5,000-10,000 per year. Financial assurance requirements had
been omitted from the regulations. Final cover requirements
may change in the new regulations. Hazardous waste screening
programs would be required which the city already had in place.
Council Member Hopkins commented that the recommendations from
the Solid Waste Advisory Committee came before the news that
additional work would be required on the landfill and the new
proposed regulations.
G.
Council Member Trent corrected the date that the City was
placed on a compliance schedule for the Edwards Landfill site.
It should be December 1989.
City Manager Lloyd Harrell pointed out that meeting compliance
schedules had incurred cost to the City and fairly major
f unanticipated expenditures out at the landfill to keep in j
compliance and avoid some State fines.
Angelo stated that the Mosley Road erosion problem cort about
$89,000 that year instead of the anticipated 10,000.
Council Member Trent asked if the commercial landfill operators
were subject to the same requirements as cities.
Angelo answered yes.
Bob Nelson, Executive Director for Utilities, pointed out that
because Denton's landfill was located next to the wastewater
treatment plant, the City could collect some of the leachate
and bring it back to the wastewater treatment plant. He also
pointed out that this proximity to the wastewater treatment
plant might also make the postclosure requirements leas
burdensome than if the landfill were further away.
Council Me,nber Boyd asked if the hazardous waste requirements
included household waste.
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Angelo answered that household hazardous waste was not
currently bring addressed specifically but that these
R requirements would be forthcoming. This might necessitate some
special collection activities in the future. An informational
brochure was being prepared to send to the public as to where
this waste could be disposed.
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City of Denton City Council Minutes ,
November 27, 1990
Page 7
Charlie Watkins, Superintendent of Solid Waste, said that the
City sent out the Request for Proposals for the commercial
solid waste system early in November. The bid was for the sale
of the trucks and equipment and also sent out a Request for
Proposals for the sale of the trucks, equipment, accounts and
in return the City would grant an exclusive franchise to the
successful proponent. The RFP included a five year :ate
structure. Because two ~iendors called today to participate in
the bidding, the City extended the length of time to receive
bids until December 11. Qualified bidders would be selected by
December 22, selection and approval of the successful bidder
would take place by January 15, and the successful bidder would
r \ begin providing service March 1, 1991. Both the bid and the
I RFP provide for the hiring of the City's current commercial
solid waste system employees, The City would also have the
authority to direct the waste to the landfill or restrict the ,
k commercial provider's use of the City's landfill.
'f City Manager Harrell interjected that after the City Council
received the Solid Waste Advisory Report, the Council decided I
that it needed to collect more information about the worth of
the eolid waste system before making a final decision, The
City took competitive bids for the two alternatives of either
.i selling the equipment and accounts and let them begin to
operate in competition with other commercial haulers or sell
the equipment and accounts as well as to grant that hauler an
IF exclusive commercial "ranchise. Both these options as well as
continuing with the status quo would be presented after all the
C information had been collected.
Council Member Randall Boyd noted that a fourth alternative
would be to follow the Solid Waste Advisory Committee
recommendation.
Council Member Trent commented that another alternative would
be not to sell the equipment. He asked why sell the equipment
if the City later would have to buy more equipment to pick up 1
recyclables.
City Manager Harrell answered that it was something to think
about but that generally specially designed equipment was 1
needed to pick up recyclables.
Council Member Ayer commented that the City of Austin was going
to a one Lime per week collection. Austin was also issuing
residential customers different sized containers and customers
would be -harged based on the volume of waste which was also to
encourage recycling.
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November 27, 1990
Page B
Nelson stated that both of these ideas were under investigation.
Nelson reviewed some of the financial elements of the three
parts of the solid waste system which included the residential
system, the commercial system, and the landfill system. He
reviewed the number of customers, rates, annual revenue, and
annual volume in each of the three systems.
City Manager Harrell pointed out that the annual revenue
generated from franchise fees from the commercial system turned
out to be much less than what was originally anticipated. The
City received an estimate from the commercial haulers about how
much business they were conducting in Denton and calculated
with the eight percent franchise fee. However, the receipts
received were not nearly that high. Harrell stated that it
appeared that the original estimates received from the private
haulers were too high. At some point in the future there would
be an audit conducted to ensure that the City was receiving the
correct amount of money from the commercial haulers.
The proformas of the landfill were set up to break even on a
cash basis without accounting for depreciation and equipment
costs. Nelson outlined various landfill options. If the City i
continued at the present landfill site with both commercial and
residential, the landfill would fill by July 1996. If the
existing site were expanded in 1996, it would fill by 2003.
The cost would be approximately $3.5 million and the vates
would increase from $3.50/cubic yard to $5.00/cubic yard.
Council Member Hopkins expressed concern about spending a lot
more money and expanding the landfill at the existing site when
the site was originally forecasted to last much longer than it
had.
Nelson discussed where the landfill site could be expanded to
3.5 million cubic yards, The rates would go up for commercial
and residential customers to approximately $5.00 to $5.50 per
cubic yards based on financing the expansion over seven years.
Nelson also discussed reducing the total volume by selling the +
commere{al system, which represented 50% of landfill volume,
and te..acing the contract haulers, which represent 19% of
volume. This option would substantially lengthen the existing
site to last until 2005. Some of the capital costs would
remain and some annual volume costs would go up.
A new landfill site would cost approximately $6 million.
Joining with the Upper Trinity Regional water District after
1992 to develop a regional landfill would be another option.
Another option would be to haul to the existing Dallas-Fort.
Worth regional landfill. The rates were presently reasonable.
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City of Denton City Council Minutes '
November 27, 1990
Page 9
Council Member Alexander noted that the LFW lanif;'.1 rates may
not be reasonable in the future and could not be guaranteed
without a long term contractual arrangement.
Nelson reviewed the volumes at the landfill based on the
different options discussed earlier.
Council Member Gorton asked the effect of a major residential
development on these forecasts.
Nelson replied that some hauling might be diverted to another G.
landfill if necessary.
Council Member Boyd asked how soon rate increases would go into
effect in the different scenarios.
Nelson answered that this would be increased over time, but
would happen fairly soon to cover costs. Regulation costs had
also been plugged into the forecasts. Money would also be set
aside annually to pay for the principal on the debt and to fund
closure costs. Landfill expansion costs would be amortized
over seven years, the estimated life of the expansion.
The proposals that were out for the sale of the commercial
system include a provision that would allow the C!.ty to either
direct the waste to the City's landfill or direct the waste to
another landfill. This would be at the City's discretion.
There was discussion of the terms of the contract language.
The remaining debt on the landfill to date was approximately
$1.3 million. The sale of the commercial system would
eliminate the transfer to the general fund currently being
made. Nelson discussed the effect of the different options on
the customer's rates.
There was some discussion of one pickup per week and the
possible effects. Nelson concluded by saying that the existing
landfill should last until 1996 unless volumes skyrocketed. It
may also be expanded and handle commercial and residential
waste until 2003.
Council Member Ayer asked what the impact of increased
participation in the Don't Bag It program on the life of the
landfill.
Nelson commented that if all of yard waste were eliminated, it
would reduce landfill waste by approximately eight percent.
There was some discussion about different alternatives
concerning composting and recycling.
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November 27, 1990 '
Page 10
Council Member Alexander spoke about the regional capacity to
store solid waste.
Council Member Boyd discussed how economies of scale affected
Denton's landfill.
4. The City Council received a report and held a
discussion regarding tennis/golf driving range fees.
Steve Brinkman, Director of Parks and Recreation, stated that
the three revenue generating facilities were the tennis center, C;_
golf driving rangy and swimming pool. The revenue objectives
were based on a percentage of the cost of the operation. At
the tennis center and swimming pool about fifty percent was ;
generated through the general fund and the other half through
fees. The golf driving range operation was funded entirely
through fees.
City Manager Harrell stated that the golf driving range program
that began in 1936, was started with the idea that it would b:I
self-supporting without general tax money to operate it. ,
Brinkman reviewed the survey of metroplex golf driving range
and tennis fees. There was discussion concerning the manner in
which the survey results were rounded.
Council Member Ayer stated that his main concern was :,at
tennis was being subsidized at 60 percent, when the survey
showed that Denton's fees were the lowest in several categories
compared to other metroplex cities. At the same time golf fees
had to support the operations 100 percent.
Council Member Trent echoed this coa:cern.
Brinkman said that the golf fee structure was set up this way
when the golf program began. The tennis and swimming programs
were much older and had been subsidized at a percentage of the
cost.
Council Member Boyd noted that at some fee level, people would
stop using the swimming facilities and the City might make less
money than under the current fees.
Council Member Gorton stated that the golf driving range was
substandard and could be subsidized to bring it up to an
acceptable condition.
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City of Denton City Council Minutes
November 27, 1990
Page 11
Executive Dtrector McKean stated that this was a Phil The sophical
question for the Parks Board and the City Council. for itself
attracts neto the masses andrthereforenneed d todpay not have an
that *pointeintsaid that o a core pcogcamrogram. may have now
in its
evolved past inception*
City manager Harrell said that perhaps this should be a budget
terms of looking at fees to see if Denton was at
questimeton ro in average. This could be taken to the Park Board
the
to implement that philosophy.
Council Member Boyd asked that the staff also include the
anges in
of North Texas and other area driving rthe
survey.
5 The City Council received a report and held a
discussion regarding the Legislative Review Process for the
72nd Texas State Legislative Session.
Administrative Assistant, stated that the 72nd
Catherine Tuck,
Texas State Legislative session began H nagerYsB1office. had
itol
monitor important bills, the City
Inc. computer avaiice ble included
subscribed to an electronic
Information Service, overnor and lieutenant governor
committee calendars, g House and senate actions.
appointments, agendas, and daily publication I~
The Texas Municipal League Legislative update was a p
written bimonthly before the sesssiio b ginfrrd on ewouldeek
after the session Councilg membersceach Friday. Executive Directors
sent to City ty
and directors will be closely monitoring legislation.
council member Boyd asked that the City Mi1knager's office
wer~a mosL seasion,of legislecion since so
mahigyhlight the
Council member m er Gorton asked i teethe Council wn'lld receive a
legislative
Tuck answered that the legislative handbooks for City Council,
Executive Staff, and Directors committee arrive in and
then active
then handbooks with updated
in late February.
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November 27, 1990
Page 12
City manager Harrell commented that the first organized effort
to track legislation occurred last session. The City hoped to
become more effective in influencing legislation this session.
Periodically, the staff would come to Council with summaries of
bills with a proposed position. Most of these bills would be
TML bills and the staff would be asking for Council approval of
the stated position so that later ir, the session legislators
may be contacted quickly with Council consensus.
Council Member Alexander asked if the electronic service
included texts of the bills or if they were obtained from
Austin.
Tuck answered that the bills would be ordered by phone from
Capitol Information ServicA.
6. The City Council received a report and held a
discussion regarding the television broadcast of City Council
meetings on the Sammons Cable Television system.
Jesus Nava, Assistant to the City Manager, said that Council
Member Boyd asked staff to investigate the possibility of
broadcasting meetings. Nava outlined three possibilities. The
first was to request Sammons Cable to broadcast the meetings as
they had in the past, It was a one camera program from the
back of the Council chambers. The problem with that option was
that Sammon3 had committed the public access channel and would
have to break some of those commitments in order to broadcast
Tuesday Council meetings. There was discussion concerning the
cost of Lighting.
The second option was the City developing a government access
channel. The current cable franchise granl•e the City its own
channel as part of the system upgrade ayresmente adopted in
November 1938, This was to be in place no later than November
It 1993. A cable would be run to City Hall and any other City
facility. This option would require filming and lighting
equipment. Studio costs were unknown at this time.
A third option was to arrange for time on the public access
channel and purchase some equipment and obtain student interne
to film the meetings.
Council Member Boyd said that the E1 Paso City Council meetings
were on cable television and were widely viewed. It distressed
Boyd how little the public was aware of what the Council did
and this would be a way for more citizens to have knowladge of
what was happening in the City as well as a better
understanding of the decision making process.
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November 27, 1990
Page 13
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The City Council discussed the viewership of a cable broadcast
of the meetings. There was concern that the cost of equipment
might be expensive and should be investigated and budgeted.
The consensus was for the staff to pursue the possibility of
broadcasting City Council meetings and gather further
information concerning cost and feasibility. This information
would be included in next year's budget proposal for further
discussion and Council consideration.
7. The City Counc.tl received a report and held a
discussion regarding the formation of a proposed Emergency
Services District south of the Denton City limits and gave
staff direction.
City Manager Harrell apologized that this information was not
given to the Council at an earlier date. This process was
fairly fast-paced and staff had just learned that a public
hearing would be held regarding this issue on December 11,
Frank Robbinse Executive Director for Planning, and John Cook,
Fire Chief presented Lhe item. Denton County had received a
petition with the boundaries of a proposed Emergency Services
District which included part of Denton's extraterritorial
jurisdiction. This included the proposed annexation petition
of the Perot Group and the Henry S. Miller, Grubb and Ellis.
Robbins reviewed some of the statuatory requirements for
developing an Emergency Services district.
Fire Chief Cook stated that staff would like for the northern
boundary of the district to be readjusted to conform with
Hickory Hill Road and Crawford Lane over to the western
boundary of the district, The lines would be drawn to coincide
with the agreed upon future city limits lines of Denton. The
Fire Chief in Argyle, who was leading this effort, readily
agreed to this change and would redraw the boundaries. Cook
saf.d that in the future, he expected the unincoporated areas of
Denton County would all be within some Emergency Services
District. The far southeast corner which was in the City's ETJ
but for the ease of legal description this very small portion
had been included in the boundaries of the proposed Emergency
Services District. This would save the expense of a surveying
procedure. If the City annexed this small area at a later
time, the City could have this area deannexed from the District.
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November 27, 1990 '
Page 14
The Council directed staff to consent to the formation of the
District with a set of boundaries that matched city limit lines
or agreement lines in the southern part of tha ETJ between
Copper Canyon and Argyle. Council directed staff to take that
information to the public hearing De~amber 11 at the
Commissioner's Court.
There was discussion of the boundaries of thin; proposed
Emergency Services District. There was also concern expressed
concerning the effect of serving this additional aria upon the
Fire Department.
Chief Cook pointed out that the establishment of this District
would force people to decide if they wanted to pay for fire
1 protection and establish a tax in order to receive service.
City Manager Harrell said that this was a question between a
short or long range strategy. A short range decision would be
to agree the District be formed in Denton I3 ETJ so that area i
would receive service from another agency. However, the long
range payoff for the City was that this area was where most
development would occur outside the Qity limits. Without the
offer of fire and ambulance service it would be very difficult ;
to annex this area in the future.
Council Member Boyd stated that the rational decision to make
was where should Denton's ultimate southern boundary be. He
felt that the ETJ area needed to be protected and should not be
included in the Emergency Services District. 1
Council Member Alexander asked h td if the
Commissioner's C urtcalled fortheelection forathen formation
of the District without excluding Denton's ETJ,
Robbins stated that the County could not fix boundaries for an
area that a city had not consented to without an extensive
petition campaign which was very unlikely.
Council Member Boyd moved to direct staff to present a
the resolution
ato the pprove City the Council fomotion ofe this December
Ema gency tServices
District with a set of boundaries that matched city limit lines
or agreement lines in the southern part of the ETJ between
Copper Canyon and Argyle and the Council does not consent to
the other area. The motion also instructed the staff to appear
at the December 11 public hearing at the Commissioners' Court
and to make the City's position known. Council Member Ayer
seconded the motion. The vote was unanimous in favor of the
motion.
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November 27, 1990
Page 15
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8. Miscellaneous matters form the City Manager.
City Manager Harrell reminded the City Council of the ribbon
cutting ceremony scheduled for the Oak/Hickory/Fry opening on
Friday, November 30, at 3:00 p.m.
9. New Business
This item provides a section for Council Members to suggest r.
items for future agendas.
Council Member Alexander asked that the City Attorney brief the
City Council at the earliest possible time regarding the
history and charter provisions related to boards and commission
members conducting business with the City. He also asked board
f ` appointments be discussed in the next executive session for the
Historic Landmark Commission, Zoning Task Force, and Sign Board
} of Adjustment. ,
F Council Member Trent asked for an updated copy of the boards
and commissions at the next meeting. He also asked that the
staff look at a way to make the City seal more readable for the
public in the City Council chambers.
With no further business, the meeting was adjourned at 9:20 p.m.
BOB CA5TLEBERRY, MAYOR
CITY OF DENTON, TEXAS
1
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 11, 1990
The Council convened into the Work Session at 5:15 p.m, in the
Civil Defense Boom,
PRESENT: Mayor Castleberry; Council Members Alexander,
Ayer, Gorton, Hopkins and Trent.
ABSENT: Mayor Pro Tem Boyd
1. The Council convened into the Executive session to
discuss legal matters (considered action in aunty vs. Cit),
real estate, personnel/hoard appointments (considered
appointments to the Zoning Taok Force, the Sign Board of
Appeals, the Animal Control Advisory Committee and the Historic
Landmark Commission.)
Z• The Council held a discussion and considered giving
staff direction reg.rding tha establishment of a standing
Beautification Commission.
Cecile Carson, Administrative Analyst, presented an overview of
the "Keep America Beautiful" program. She stated that the
BeaW fication Task Force was recommending a reorganization by
becoming a standing commission established by ordinance, The
members have expressed an Interest in continuing to volunteer
to beautify Denton and impl5ment the litter reduction and I
recycling programs of Keep America Beautiful. The
recommendation was to establish a' twenty member comieission
appointed by the City louncil. Each commissioner would service
for a two year term and would serve as an advisory board to the
City Council on matters related to beautification, litter
prevention, recycling, clean-ups, and other environmental
Issues. The organization would work to solicit funds from
citizens, businesses, corporations, grants, etc. in order to
fund landscape projects and programs.
Council Member Oorton asked if a non-profit 501 (c) (3) group
was organized, would it be possible to still receive grant
funds,
Carson replied yes.
Council Member Alexander felt that the commission was the best
answer but was concerned with the size of the Sroup. He felt
that it might bd too large to work effectively. A 501 (c) (3)
organization might be cor.iidered at a later date but for the
present, he was in favor of a City appointed Commission,
Mayor Castleberry suggested ten members as opposed to twenty
members.
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December 11, 1990
Page 2
Consensus of the Council was to proceed with the form,~klizatton
of the Commission but to narrow the number of members from
twenty to between seven and eleven. Those member would be
authorized to incorporate more individuals in subcommi;tees.
3. The Council received a roport and held a discussion
regarding the Employee Personal Computer Purchase Policy.
Lloyd Harrell, City Manager, stated that in an effort to
continue to deliver quality services and increase productivity, r'
a proposed polic} was being formulated concerning employee's
purchasing personal computers and associated hardware. These
computers would be used in the employee's home. It was felt
that allowing the employees to use the computers for personal
business would allow them to become more familiar and
productive with the computer at work. The employee would be
able to take advantage of the mass buying the City does for the
computers and advantage of the borrowing rates the city uses.
John Mcarane, Executive Director for Finance, stated that the
City annually bidR out computer and software products. A draft
survey would be sent out to every employee indicating the type
of equipment they would be interested in. That would be r
incorporated into the annual bid as an- alternate with the
vendor bidding on the city equipment and then as an alternate,
bid on the employee options. After those prices were
determined, the employee would be contacted to determine if he
was still interested in purchasing the equipment. The employee
would have the option of purchasing the equipment from the
vendor with his own funds or through a financing program with
the City. The City would charge the employee the same rate the
City was earning on its investment at the time of the purchase
and pay back the amount over a two peeiod,
Council Member Gorton asked if the City would be liable for
copyright's on the programs that were purchased.
Mcarane replied that they would not be purchased through the
City. The employee would just have the option of getting the '
same benefit of price that the City had.
Council Member Hopkins stated that the proposal was making the
taxpayers front the money for the employees and pay the
interest. She asked how long the employees had to pay back the
amount,
Mcarans repllo4, that they had two years to repay the amount.
The emplnyees w•suld pay back the same amount of interest that
the City would have been earning on the money.
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City of Denton city council Minutes
December 11, 1990
Pago 3
Council Member Hopkins asked what would happen if the
employee's last check did not cover the amount due.
McGrane replied that there was a
limit. He stated that they Were5~exploringmuoptionsciof
encumbering the employee's TMRS benefits to repay the amount or
returning the equipment to the City.
Discussion by Council concerned the length of employment of
individuals to be able to participate in the
possibility of the employee's last check notrocovecing the
balance of the equipment.
Council Member Ayer felt that this should l:e seen as an '
employee benefit and that it was a reasonable benefit for
employees.
Council Member Gorton felt that the Data Processing Advisory
Board should be involved in the determination of the
purchases. He also felt that there should be solid safeguards
when allowing individuals on the mainframe.
Council Member Alexander felt that there a flexib approach
for those who were eligible. Consensus
PProcessingoAdfvithesCouncil
Boardwforttheirs review the and 011CY orethe turn Data
to Council.
4• The Council held a discussion and set a a date for a
nid-year review session regarding the city's Mission Statement
and Work Plan.
Lloyd Harrell, City Manager, stated that the Council had
expressed a desire to spend some extended time on the proposed
City mission statement and work plan. A fiur hour block of
time was needed for such a session. He presented possible
dates for that meeting.
1
Council Member Hopkins suggested using the fifth Tuesday in
January for such a meeting. They could meet on January 29 from
5,00 p.m. - 9100 p.m.
Consensus of the council was to set the meeting date for
January 29, 1991.
5. The Council held a discussion regarding a
possible btiefing session by the Denton Independent chool
District and the City for potential candidates for City Council
end School board of Trustees.
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City of Denton city council minutes
December 11, 1990
Page 4
Lloyd Harrell, City Manager, stated that he had been approached
by School Board Trustee Carolyn Coward regarding the
possibility of the City and School District Jointly sponsoring
an orientation session for potential cendidatn% for the School
Board and the City Council. Coward felt that such a session
would provide information about public service and ansior
questions which individuals might have about School Board or c
council service, She also felt it would give individuals a
better idea of what to expect from one of the offices and might
encourage more people to run for public office.
Council Member Gorton stressed the importance of not having any
sitting elected official involved in the process.
Discussion of the Council centered on support of the concept
but not having the Council involved in process. A suggestion
was made to have an outside agency sponsor such an event such
as the League of Women Voters, Leadership Denton or Sammons 1
Communications,
E I
Consensus of the Council was to su
sponsor the event and suggest a non-partisan group consider
sponsoring the session, f
The Council then convened into the Regular Session at 7:00 p,m,
in the Council Chambers.
PRESENT; Mayor Castleberry; Council Members Alexander,
Ayer, Gorton, Hopkins and Trent.
ASSENT: Mayor Pro Tom Boyd
1. Pledge of Allegiance
f The Council
and audience recited the Pledge of Allegiance.
2, The Council considered approval of the minutes of the
Regular Sessions of November 6 and 20, 1990 and the Special
Call Meeting of November 30, 1990.
Council Member Gorton motioned, Ayer seconded to approve the
minutes of the Regular Sessions of November 6 and 201 1990 and
consider the minutes of the Special Cail Mooting on a separate
vote. Motion carried unanimously.
Alexander motione4, Ayer seconded to approvq the minutes of ;he
Special Call Meeting of November 30, 1990, Motion carried
unanimously with Council Members Gorton and Hopkins abstaining
as they were not present for the meeting.
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December 11, 1990
Page 5
3• The Council received an update from Ray Stephens and
Tom Harpool regarding TMPA matters.
Ray Stephens stated that although Mr. Harpool was not able to
attend the meeting, they felt it was in the best interest of
the Council to provide a periodic update of TMPA activities. A
current project was a contract with natural gas suppliers to
bring them on-line to use as a supplement boiler fuel. Those
contracts should be ready by January 1991. TMPA had set a
continuing record for safety in the industrial workplace with
4
Included contracts .9 million safe work hours. off-ayetem sales by member cities
Bowie. A new contract itwithathe mining ~company gforSsavings had
been negotiated. The contract along with the off-ayetem sales
helped to keep the costs down and extended the time to increase
the rate to cities. The semi-annual payment for Comanche Peak
was due in February which meant that the remaining ownership
with TMPA would be cut from 6.2 to 2.4% with no associated
liability.
Council Member Gorton asked if those funds were applied to
early debt retirement.
Stephens replied that he and former Board Member Vela had ;
raised that question several times and had been assured that
the money would be used for early retirement of debt.
Council Member Trent asked if Denton was carrying its fair
share for the burden for TMPA as the other cities,
Stephens stated that there was a formula that all the member
cities were subject to, if Denton could control its peak
during the summer, money would be saved during the year. The
challenge was to reduce the peak demand to keep the City's
costs down. Five votes would be required to change the formula
which would be diffi^ult to get.
Council Member
relation to the other stated cities th was hiYgher sthanr it eshould
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be ind asked for an explanation.
Stephens replied that part of the explanation was due to the
large amount of apartment dwellers plus industry.
Council Member Trent asked if there was an inequity in the
formula.
formulas toekeepdDenthat ton'shcostCity down. It h w was notwork
likely at the
formula would change as it would ;use an increase in the other
member city's coats.
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December it, 1996
Page 6
City Manager Harrell stated that Denton's peak usage was not
:,ecessarily hit during the summer as compared when the other
cities peaked. He stated that Bob Nelson, Executive Director
for Utilities, felt that the formula was unfair to Denton as it
was now structured. If would be fair if TMPA were in a
position of having to build a new power plant but that was not
the case now.
4. The Council received a citizen report from Joe Dodd
regarding the cable subscriber's Bill of Rights,
Mr. Dodd presented a resolution to Council regarding pledging
support of federal legislation returning local control for
regulation of cable television. He suggested changing the
present Cable Board to a Video Services Board. He felt there
was inequity in the City when some material was treated
differently depending on what medium it was delivered by.
Specifically, he felt it was inappropriate for the cable
company to show Ile rated movies when it was illegal to
purchase that type of written material. He felt that the same
type of material should be treated the same way no matter how ►
it got into the homes.
Mayor Castleberry thanked Mr. Dodd and stated that the
information would be passed on to the Cable T.V. Advisory Board.
5. Consent Agenda
Council Member Trent asked that item S.A.2, be pulled for
special consideration, i
Hopkins motioned, Gorton seconded to approve the consent Agenda
excludii,g Item 5.A.2. Motion carried unanimously.
A. Bide and Purchase Orders!
1. Bid 01174 - ttefuse Bags
I. Bid 01173 - ~vers Park Backetop
Item 5,A.2. was considered,
Council Member Trent questioned the amount of money beir!g spent
for uniforms,
John Cook, Fire Chief, stated that in the part the uniforms
were separated from the protective envelope the firefighters
wore in structural firefighting. With advances in technology,
the uniforms ate now considered part of the protective unvelope
as an inner barrier for structural firefighting. In order to
provide for the increase flamibility resistance of the fabric,
!t was necessary to spend more for the uniforms, A cotton
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December 11, 1990
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fabric had been used over the last two
did not hold up well. These uniforms wereas but the teral
erconstructed aoutiof
the beet current flame retardant material on the market.
Council Member Trent asked if these uniforms were street worn.
Cook replied yes.
withc nameeandrraTrent nk. That etended t tohindividualize outhe uniform
so that it would not be worn by anyone else.
Cook replied that the primary reason for that was that name
badges, etc. tended to to heat magnets and could possibly cause
an injury. It might be possible to alter a uniform if someone '
left the Department if the uniform were in good enough shape. ,
Council Member Trent asked if this were a one year budget item.
Eddie Woodruff, Captain-Denton Fire Department, stbted that the
Department was in the process of initiating a rotation system
for the uniforms. It was hoped that the new uniforms with the
better construction material would hold up for four to five
years.
Trent motioned, Gorton seconded to approve Conecnt Agenda Item
5.A.2,
A. Bids and Purchase Orders;
2. Bid 01177 - Fire Department Uniforms
Council Member Alexander left the meeting.
6. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bide and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
The following ordinance was considered; 1
N0. 90-190
A
CONTRACT N ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
SUPPLIES R O SERVICES: PROVIDING FORT THE MATERIALS, EQUIPMENT,
FUNDS THEREFORE; AND PR6VIDI1o FOR AN EFFECTIVE DATE,
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Gorton motioned, Ayer seconded to adopt the ordinance. On roll
vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and
Mayor Castleberry "aye." Motion carried unanimously.
Council Member Alexander returned to the meeting.
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements. C,
The following ordinance was considered:
N0. 90-191
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.
1 Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
1 "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried
unani:.tousiy.
C. The Council considered adoption of an ordinance
authorizing and allowing under the act governing the Texas
Municipal Retirement System, "Updated Service Credits" in said
system for service performed by qualifying members of such
system who presently are in the employment of the City of
Denton and providing for increased prior and current service
annuities for retirees and beneficiaries of deceased retirees
of the City.
The following ordinance was considered:
NO. 90-192
AN ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM.
"UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE
` PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF DENTON:
PROVIDING FOR IN.REASED PRIOR AND CURRENT SERVICE
ANNUITIES FOR RETIREES AND BENEFICARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
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December 11, 1990
Page 9 '
P.- _The Council considered adoption of an ordinance
ap-proving the 1990 tax rolls.
Lloyd Harrell, City Manager, stated that this was an annual
item utlich was required after receiving the finalized tax roll.
The following ordinance was considered:
NO. 90-193
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
THE 1990 TAX ROLLS: AND PROVIDING FOR AN EFFECTIVE
LATE.
Council Member Gorton motioned, Hopkins seconded to alopt the
ordinance.
i
Council Member Gorton asked about City liability due to
possible incorrect numbers.
Debra Drayovitch, City Attorney, stated that she did not see
how the City would be liable as the numbers had been certified
by the Appraisal District.
On roil vote, Trent "aye," Alexander "aye," Hopkins Ilaye,"
Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion {
carried unanimously.
7. Resolutions
A. The Council considered approval of a resolution
postponing the regular Council meeting of January 1, 1991 to
January 8, 1991,
The following resolu~ion was considered:
NO. R90-063
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF
JANUARY 1, 1991 TO JANUARY 8, 1991, AND PROVIDING FOR
AN EFFECTIVE DATE.
Ayer motioned, Alexander seconded to approve the resolution.
On roll vote, Trent "aye," Alexander Faye," Hopkins "aye,"
Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion
carried unanimously.
B. The council considered approval of a resolution
adopting the Injury Benefit Policy for the City of Denton.
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Max Blackburn, Risk Manager, stated that the new worker's
compensation law would go into effect January 1, 1991. There
was an injunction filed to keep the law from going into
effect He was proceeding aF, though the new law would go into
effect on January 1. 1991. In conjunction with that, it was
necessary for the City to write a new occupational injury
benefit policy as the new law made the City's old policy
obsolete.
Council Member Gorton felt that all employees should be briefed
on the policy with a sign-off that they received it.
Blackburn replied that it would be a requirement for all
employees to be briefed on the policy and that meeting would be
taking place in the near future.
The following resolution was considered:
NO. R90-064
i I
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING AN
OCCUPATIONAL INJURY BENEFIT POLICY: AND PROVIDING FOR
AN EFFECTIVE DATE.
H
On roll vote, Trent opkins motioned, GortoanYeseconded to appr ove the resolution.
Gorton Ilaye," Ayer "aye, 11 and Mayor Castleberry F"aye1"s Motion F
carried unanimously.
C. The Council onsidred adopting the Confined SpacecEntryQPolicy proval of a resolution
Max Blackburn, Risk Manager, stated that this policy would
standardize a policy for confined space entry. Different
Departments would doing various types of procedures but a
standardised set of guidelines was needed.
The following resolution was considered:
NO. R90-065
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A
CONFINED SPACE ENTRY POLICY, AND DECLAP►NG AN
EFFECTIVE DATE,
Onphioll motioned, Gorton seconded to approve the resolution.
Gorton la a "aye," Ye Alexander aye, Hopkins "aye,"
carried unanim usly, and Mayor Castleberry "aye," Motion
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Page 11
D. The council considered approval of a resolution
rescinding Policy Number 102.09, Fingerprinting.
Tom Klinck, Personnel Director, stated that the resolution
would eliminate the fingerprinting of new employees as part of
the selection process. New legislation had limited the use of
fingerprinting information ane. the current policy was really
outdated.
The following resolution was considered:
NO. R90-066
A RESOLUTION RESCINDING POLICY NO. 102.09, t..
FINGERPRINTING, FROM THE CITY OF DENTON POLICIES AND
PROCEDURES MANUAL: AND PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, Gorton seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye" Ayer "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
E. The Council considered approval of a resolution
of the Denton County FM2499 Task Force requesting consideration
by the State Department of Highways,and Public Transportation,
to authorize construction and dedicate funds for an interchange
on Farm-to-Market Highway 2499.
Rick Svehla, Deputy City Manager, stated that the 2499 Task
Force had referred to a possible resolution for improvements on
F.M. 2499 further south at S.H. 121. The City of Grapevine was
organizing an appearance in January at the Yighway Commission
asking consideration for grade separated connections between
F.M. 2499 and S.H. 121 at the north end of DPW airport. The
construction would greatly enhance the traffic carrying
capability and the ease of access for anyone using F.M. 2499 as
an access to the airport or points further south.
City Attorney Drayovitch noted a typographical erCOL in the
resolution caption and requested a correction.
The following resolution was considered: ~
NO. R90-067
A RESOLUTION REQUESTING THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION, TO CONSIDER
AUTHORIZING CONSTRUCTION AND DEDICATION OF FUNDS FOR
AN INTERCHANGE ON FARM-TO-MARKET HIGHWAY 2499, AND
PROVIDING FOR AN EFFECTIVE DATE.
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December 11, 1990
Page 12
Alexander motioned, Hopkins seconded to approve the resolution
with the noted correction. On roll vote. Trent "aye,"
Alexander "aye," Hopkins "aye." Gorton "aye" Ayer "aye," and
Mayor Castleberry "aye." Motion carried unanimously.
F. The Council considered approval of a resolution
consenting to the formation of Denton County Emergency Service
District NL and its boundaries.
Frank Robbins, Executive Director for Planning, stated that the
City had received notification of formation of the District in
November. At a work session on November 27. 1990, the Council
directed staff to consent to the formation of the District with
a set of boundaries that matched city limit lines or agreement
Tires in the southern part of the ETJ between Copper Canyon and
Argyle. Council directed staff to take that information to the
Commissioner's Court. The Commissioner's Court conducted a
pt:blic hearing December 11, 1990 regarding that issue. The
proponents hoped that the public hearing would be held and the
t Court direct that the election be held in January, 1991 for the
formation of the District. It was determined that the election
could not be held in January as the Commissioners had a number
of answered questions which required further information and
I the election had not been precleared by the Justice
Department. The election may be held in may or NovemD?r.
Staff had indicated to the Commissioners that the boundaries
had been worked out and everyone involved was in agreement.
Robbins stated that there was an error in Exhibit A in which a
h "Note" was inadvertently included. He stated that that "Note"
needed to bo deleted.
The following resolution was considered:
NO. R90-068
A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONSENTING
TO THE INCLUSION OF TERRITORY IN THE CITY'S
EXTRATERRITORIAL JURISDICTION WITHIN DENTON COUNTY
EMERGENCY SERVICE DISTRICT NO. 1: AND PROVIDING FOR AN
EFFECTIVE DATE.
Alexander motioned, Hopkins seconded to approve the resolution
` as amended.
Council Member Hopkins asked if the Commissioners court was
aware that the City did not agree with the originally drawn
boundaries.
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December 11, 1990
Page 13
Robbins replied yes. At the public hearing, staff informed the
Commissoners that Council had directed them to inform the Court
of the City's intent and that the City would act on the
proposal this evening.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "ayes" and Mayor Castleberry "aye." Motion
carried unanimously.
8. The council considered instituting annexation
proceedings and adopted an ordinance with regards to the
annexation of 1367.12 acres of land located north of Crawford
Road at the intersection of Allred Road and the I35W (A-9).
Planning and Zoning commission recommended adoption.) (First
Reading)
The following ordinance was considered:
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
1,367 ACRES OF LANG LOCATED NORTH OF CRAWFORD ROAD AT
THE INTERSECTION OF ALLRED ROAD AND I35W; APPROVING A
SERVICE PLAN FOR THB ANNEXED PROPERTY; TEMPORARILY
PLACING THE PROPERTY IN AN AGRICULTURAL ZONING
DISTRICT; AND DECLARING AN EFFECTIVE DATE.
Gorton motioned, Trent seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
9. The Council considered appointments to the Zoning Task
Force.
This item was not considered.
10. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. As the Council had been invited to a joint
meeting of the Economic Development Advisory Board and the
Economic Development Private Investors Group next Tuesday, the
work session for the next Council meeting would Begin at 6:00
p.m. with dinner at 5:30 p.m. to allow Council members the
opportunity to attend the meeting.
B. The Mayor formally accepted the keys to the Moore
Building today.
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December 11, 1990
Page 14
11. There was no official action taken during the work
session Executive session.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Gortor. r^_quested a work session
item regarding redistriciting and Charter revision needs..
B. Council Member Hopkins suggesting changing the
second meeting in January to the fourth Tuesday to allow staff ,
\ more time for preparation. That would set the January meetings
for the 8th and the 22nd of January.
h 13. The Council convened into the Executive Session to
discuss legal matters (considered action in County vs. City).
real estate, personnel/board appointments (considered
appointments to the Zoning Task Force, the Sign Board of
Appeals, the Animal Control Advisory committee ind the Historic
' Landmark Commission.)
The Council reconvened into open session and took the following
action:
A. Ayer motioned, Gorton seconded to appoint Jim
Englebrecht to the Zoning Task Force. Council Member Alexander
stated that he wished the minutes to reflect that the Council
thought that Mr. Eaglebrecht had been appointed, on behalf of
the Planning and Zoning commission, from the beginning. Motion
carried unanimously.
With no further business, the meeting was adjourned.
J
JOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
3326C
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CITY OF DENTON CITY COUNCIL MINUTES j
DECEMBER 18. 1990
The Council convened into the Work Session at 6:00 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd, Council
Members Ayer, Gorton, Hopkins and Trent.
ABSENT: Council Member Alexander
1. The Council convened into the Executive session to
discuss legal matters (considered action in county vs. Clty),
real estate, and personnel/board appointments (considered
appointments to the Sign Board of Appeals, the Animal Control
Advisory Committee and the Historic Landmark Commission.)
2. The Council was to hold a briefing and discuss the
status of various highway projects. i
This item was held for a fLture agenda.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers. 1
PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council
Members Ayer, Gorton, Hopkins and Trent.
ABSENT: Council Member Alexander r
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
The Mayor presented a resolution of appreciation to the City of
Denton from the Steering Committee for Denton County Water
Supply for the City's support.
2. The Council received a citizen report from Cleolen
Warnack regarding a property claim against the City.
Mr. Warnack presented the details of his claim against the City
dealing with several power surges that occurred October 10,
1990. His electrician felt that there was a low voltage
problem due to a faulty wire on the city-side of the service.
He filed a claim form with the City for damage to his dryer and
' two television sets. The insurance company offered to settle
for $66.29 for his dryer, and one T.V. for $80.05. That was
not acceptable to him.
Council Member Trent asked what Mr. Warnack felt was a fair and
equitable position for Council to take.
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December is, 1990
Page 2
Warnack replied that he felt that the City was responsible for
the breakage of the appliances and should repair them.
Council Member Trent asked again what Mr. Warnack felt was an
equitable solution.
Warnack replied that his homeow:.ers insurance would pay for
everything except $250.00 of the $1235 of his claim.
3. Public Hearings C.
A. The Council held a public hearing to consider
rezoning and adoption of an ordinance on 1.22 acres of land '
located on the north side of Howard Co+irt rezoning the property
from "A" Agricultural and "PD-76" Planed Development Districts
to "SF-7" Single Family Residential District. (The Planning
and Zoning Commission recommended approval.)
I
i The Mayor opened the public hearing.
Bud Hauptman, Metroplex Engineering, stated that he was
representing the property owners. He stated that the owners
had purchased the property to combine it with another lot for f
development.
Mayor Pro Tem Boyd asked if the owners intended to subdivide
the property.
Hauptman replied yes that it would be divided into two lots.
All improvements were in place for one lot .1nd one lot would
require Improvements.
Council Member Ayers stated that L6t 41A was quite a bit laz;er
than others in the area. Was that a point of concern.
Hauptman replied no that the home build on the lot would be
consistent with others in the area. It would just have a
E larg;,r lot than the others. '
Lou Kraft stated that he was required to purchase the whole
acre for development.
No one spoke in opposition.
The Mayor closed the public hearing.
Frank Robbins, Executive Director for Planning, stated that
staff did not have anything additional information to present
to council.
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Page 3
The following ordinance was considered:
NO. 90-194
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM AGRICULTURE (A) AND PLANNED
DEVELOPMENT (PD-76) TO SINGLE FAMILY 7 (SF-7) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.222
ACRES OF LAND LOCATED ON THE NORTH SIDE OF HOWARD
COURT CUL-DE-SAC, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR
AN EFFECTIVE DATE,
Ayer motioned, [Hopkins seconded to adopt the ordinance. On
IM roll vote, TronL "aye,^
E Hopkins
aye, " Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
` 4• Consent Agenda
1
Gorton motioned, Boyd seconded to approve the Consent Agenda as
presented. Motion carried unanimously.
II' A. Bids and Purchase Orders:
1, Bid 01179 - Evers Park Lighting
I 5. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contra-..:s for the purchase of materials, equipment, supplies or
services. (4.A.1. - Bid 01179)
The following ordinance was considered:
NO. 90-195
AN CRDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE ]!WARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Gorton motioned, Boyd seconded to adopt the ordinance. On roll
L vote, Trent "aye, Hopkins "aye," Gorton "aye," Ayer "Aye,"
Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
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Page 4
B. The Council considered adoption of an ordinance
prohibiting the parking of vehicles of the east bide of Miller
Street, from its intersection with West Oak Street to its
intersection with West Hickory Street between the hours of 7:30
a.m. and 7:00 p.m. on certain days. (The Traffic Safety
Support commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that the citizens
Traffic Safety support Commission had reviewed the request at
its September meeting. The request had been made by several
motorists in the area. Miller Street was very short and nArrow
and parking on both sides of the street made the street
difficult to maneuver for possible emergency vehicles. The ~
Commission was recommending removal of parking on one side of
the street and the neighbors requested the east side of the
street have the parking removed.
Council Member Ayer asked why the hours were being limited for
the no parking if one of the reasons for limiting the parking
was to facilitate the movement of emergency vehicles.
Svehla replied that the majority of the vehicles were parked in !
that location was during class hours at the University of North rf
Texas. The owners of the property had provisions for parking
on their property.
Council Member Ayer felt that if the problem existed for twelve
hours of the day, then it existed Cot twenty-four hours of tLe
day,
Council Member Hopkins suggested passing the ordinance as
presented and then checking later if twenty-four hour no
parking was needed.
Svehla replied that the property owners would be contacted for
twenty-four hour no parking.
The following ordinance was considered:
NO. 90-196
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON THE WEST SIDE OF MILLER i
STREET, FROM ITS INTERSEC' `N WITH WEST OAK STREET TO
ITS INTERSECTION WITH WE, ICKORY STREET BETWEEN THE
HOURS OF 7:30 A.M. AND ..00 P.M. ON CERTAIN DAYS:
PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN
EFFECTIVE DATE.
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Page 5
Ayer motioned, Hopkins seconded to adopt the ordinance with the
understanding that the matter would be reviewed by the Citizens
Traffic Safety Support commission for possible amendment for.
twenty-four hour no parking. On roll vote, Trent "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
C.
C. The Council considered adoption of an ordinance
establishing authority for an active and continuing records
management program to be aA? inistered by the Records Management
r~ Officer in accordance with the requirements of the Local
Government Records Act.
Lloyd Harrell, City Manager, stated that the ordinance had been I
prapared in compliance with state law requirements that a
program be on the books by January 1, 1991.
Council Member Hopkins requested staff to look into funding to I
preserve old records and for record preservation. r1
The following ordinance was considered:
NO. 90-197
AN ORDINANCE OC THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, ESTABLISHING AUTHORITY FOR AN ACTIVE
AND CONTINUING RECORDS MANAGEMENT PROGRAM TO BE d
HDMINISTRRED BY THE RECORDS MANAGEMENT OFFICER IN
ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL
GOVERNMENT RECORDS ACT; PROVIDING FOR A SElERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, Gorton seconded to adopt the ordinance. On roll
vote, Trent "aye," Hopkins "aye," Gorton "aye,O Ayer "aye,"
J Boyd "aye,l' and Mayor Castleberry lave." Motion carried
unanimously.
5• Resolutions
establishing a hStorm nWater o Utility Advisoryl Committee olu(e
Public Utilities Board recommends approval.)
(The Bob Nelson, Executive Director for Utilities, stated that the
resolution would provide for the creation of the Committee for
Stormwater Utility which would study issues related to the
Stormwiter Management Programs and alternate methods of funding
such programs.
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City of Denton city council minutes
December is, 1990
Paga 6
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Cl aou rgn e ci wil th Membewe
t rnt y Hopkmei mbnesr s asked if the committee would be
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too
Nelson replied that the affected parties were great so that a
large representation from the City was needed.
Council Membr; Hopkins felt that as there were four districts
in the city. the number of members selected frci residential
areas shouI6 be increased :rom three to four.
The following resolution was considered;
f R90-069
A RESOLUTION CREATING THE BLUE
j STORM WATER UTILITY
RIBBON COMMITTEE FOR
TO AND DE
RECOMMENDATION3 TO THE PUBLICF UTILITY BOARD AND OCITY
COUNCIL RELATIVE TO THE NEED OF A STORM
AND PROVIDING FOR AN EFFECTIVE DATE, WATER UTILITY;
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Gorton motioned, Boyd seconded to adopt
the ordinance.
Hopkins notioned, Boyd seconded to amend the main motion to
increase the members selected from residential areas from three
to four. On roll vote, Trent "aye," Hopkins *aye,,'
Motion arriedaunanimously,aye'" and Mayor Castleberry "ayeton 11
Council Member Gorton
on the Committee. Questioned haMember in
ving Council representation
making a recommendatio
ultimately have to vote on, effect
The n oouthel councilsforuwhi he they would
Council discussion centered
representation on the Committee wion the erts of
th issuesmOfiCoun it Council
out budget restraints to other members if necessary,
tendency of council representation having an undue influence on
the Committee and the
i
representatives when apmatterewa was before Council influence for a on
voteuncil
Gorton motioned, Hopkins seconded to amend the main motion by
striking the two members of the Cit
individuals y Council from the list of
Hopkins "aye,"o Gortoappointed. eLOn roll Vote, Trent Faye
Castleberry "aye," Notion carried unanimous y "aye." and Mayor
Council Member Trent asked for a time frame to implement the
rorulations.
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December is, 1990
Page 7 A
Nelson replied that it was a two-fold issue. The Environmental
Protection Agency had promulgated the rules for stormwater
hadatomebegin Ithnethmoenreulations.
etc. ine the near 50fut0ure~puCities
at 100,000
population had a longer time frame. As the City of
Denton was not at the 100,000 population yet, it still had a
w
hile to implement the regulations. However, Nelson felt that
the
with sthee issues Li the could better establish
going to deal
the l chance w thit was e City would have a
set of rules and regulations that it could work with.
Mayor Pro Tem Boyd stated that there were some industries that
were already affectod by the new regulations. Advance planning r
was needed for when the City's population was over 100,000.
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Council Member Ayer requested that the members of the Blue
Ribbon Committee be informed that the Council deliberately
removed Council representation from the Committee and the
reasons why.
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The Council voted on the main motion as amended. On roll vote, I
j Trent "aye," Hopkins "aye," Cotton { "aye," Ayer
"aye," Boyd
'-aye." and Mayor Castleberry "aye." Motion carried unanimously. ~
B. The Council considered approval of a resolution
' authorizing the Police Department to use unmarked vehicles.
Tom Shaw, Purchasing Agent, stated that a
had the Assistant Forchasing Agent responsibleeforutheeunmarked
plates. As that position had been eliminated, it was necessary
to change the resolution to allow the Purchasing Agent to
process the paperwork.
Council Member Ayer stated a concern that the unmarked vehicles
hinted of the possibility of secret police activities arad
expressed the need to be very careful in carrying out the
intent of the resolution.
Shaw replied that there was a system of checks and balances in
the procedure where the Police Chief indicated the need for the
vehicles and the Purchasing Agent processed the actual
work. paper
Mayor Pro Tem Boyd asked if some of tho vehicles were in the
take-home pool.
Shaw replied yes. He stated that there were three categories
of law enforcement vehicles. One was the obviously marked
police car, one was the car with unmarked plates, and one was a
vehicle not licensed to the City of Denton. Those cars were
licenses under an alias namo.
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December 18. 1990 A
Page 8
Mayor Pro Tem Boyd felt that there might be a potential for
abuse. He assumed there was a policy regarding the use of
these types of vehicles.
The following resolution was considered:
DSO. R90-070
A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO USE
UNMARKED VEHICLES: AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Pro Tem Boyd requested a report on policy regarding
take-home vehicles with unmarked plates.
Boyd motioned, Gorton seconded to approve the resolution. l)n II
roll vote, Trent "aye," Hopkins "aye," Gorton "aye." Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
C. The Council considered approval of a resolution
assigning a portion of its authority to issue single family
housing bonds to Denton County, Texas and resolving other
i matters in connection therewith.
Lloyd Harrell, City Manager, stated that the proposed
resolution would help the Denton County Housing Finance
corporation to be in the first category of priority for
reservation of 1991 allocations.
The following resolution was considered:
NO. R90-071
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, ASSIGNING A PORTION OF ITS AUTHORITY TO
ISSUE SINGLE FAMILY HOUSING BONDS TO DENTON COUNTY,
TEXAS AND RESOLVING OTHER MATTERS IN CONNECTION
THEREWITH.
Gorton motioned, Boyd seconded to approve the resolution. On
roll vote, Trent "aye," Hopkins "aye," Gorton 11aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
D. The Council considered approval of a resolution
postponing the regular Council meeting of January 15, 1991 to
January 22, 1991.
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City of Denton city council minutes
l December 18. 1990
Page 9 A
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The following resolution was considered:
NO. R90-072
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF
January 15, 1991 to January 22, 1991; AND PROVIDING
FOR AN EFFECTIVE DATE.
On roll vote, Trent "aye." Hopkins "aye," Gorton "aye," Ayer
III "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
7. Miscellaneous matters from the City Manager. C.
I ,
Lloyd Harrell, City Manager, did not have any items for the '
Council.
r~ 8. The Council took the following action on items
discussed during the Work Session Executive Session:
A. Gorton motioned, Boyd seconded that the City of
Denton retain the law firm of Henderson Bryant & Wolfe as lead
t counsel in the matters of County vs. City, Cause No. 87-4366-C
in reg,-trds to Fl,.w related matters. On roll vote, Trent "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
If Castleberry "aye." Motion carried unanimously.
9. New Business
l The following items of New Business were suggested by council
Members for future agendas:
A. Council Member Trent suggested looking into the
drainage problems in the Hobson Lane/Forrestridge area.
B. Mayor Pro Tem Boyd suggested looking into the
drainage problems in the southeast part of Denton.
C. Council Member Ayer suggested as a follow-up from
an Executive Session item, that staff be directed to prepare an
ordinance to amend the regulations regarding the conflict of
interest for Board/commission members particularly tbs
Plumbing/Mechanical Code Board and the Electrical Code Board.
The change would be to make those boards advisory in nature
rather than decision making.
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City of Denton City Council Minutes
December 19, 1990
Page 10
10, The Council did not. meet in Executive Session during
the Regular Session.
i
With no further business, the meeting was adjourned at e:25 p.m.
BOB CASTLEHERRY, MAYOR
CITY OF DENTON. TEXAS
JENNIFER WALTERS
~f CITY SECRETARY
CITY OF DENTON, TEXAS
3331C ,
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N. Public Hearings
A, Hold a public hearing about a petition by Golden Triangle Joint
Venture and a petition by the City of Denton to approve a dttatled
plan and development standards amendfng Planned Development /6
(PI` 6), for 1.721 acres of land located on the IH35 service road and
adjacent to Wolfe's Nursery.
1. Consider the petition by Golden Triangle Joint Venture.
2. Consider the petition by the City of Denton.
G.
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DATE: 1/08/41
CITY_COUNCIL REPORT FORMAT
ti
TO: Mayor and Members of the City Council
FROM: Llcyd V. Harrell, City Manager
SUBJECT: CONSIDER PETITIONS AMENDING PD6. THE 'PEP BOYS' CASE.
RECOMMENDATION:
See 'Recommendation' in the Planning and Zoning Commisuion Report.
Consider giving staff direction to prepare an ordinance.
SUMMARY:
There are two petitions under consideration. One by Golden Tliangle
Joint Venture (the Joint venture) authorizing an automobile parts
;tare and an automobile service center in the same bcilding and one
initiated by the Planning and Zoning Commission which recommends
~
many retail uses, office uses, including auto parts stores and auto
service uses a^d a list of conditions. The detailed plans and
k development a :dards by the Joint Venture
distinguish Planning tand
Zonin3 Commission have been labeled to
See Attachment 10 comparison of PsZ and Joint Venture.
Six members of the Council must vote in favor of ether petition for
it to be approved, due to oppositiin from landowners who Oan 20% or
more of the land within 200 feet of the site and to Approve the
Joint Venture's petitions, becau- Piz has recommende.l denial of
that petition..
See 'Alternatives' in the report.
BACKGROUND:
See 'History' in the Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OA GROUPS AFFECTED:
Realtors, future developers and users of the subject tract. This
zoning case has acquired a symbolir significance which will probably
have )ttitudinal impacts in addition to physical pacts within the
limited environs of the site.
PISCAL IMPA Tt
$500 to purchase a sound measuring device.
Respectf ly submitted.
Prepared by, Lloy6 V. Harrell
City Manager
vl
Prank H. Robbins CP
Executive Director
Planninq and Development
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To. Mayor and City Council
Case No.: Z-90-009 Meeting Date: January 8, 1991
CENFRAL INFORMATION
Applicant: Golden Triangle Joint Venture
c/o George Weatherall
3102 Maple, Suite S00
Dallas, TX 7S201
and City of Denton, TX
Status of Applicant: Landowner and Municipal Government
Requested Action: Consider a two petitions approving ,
detailed plan, development standards,
and conditions for a portion of
Planned Development-6. The land usc,
proposed include automobile service
center, automobile parts store,
retail stores and shops, and
offices. Direct staff to prepare an
ordinance.
Location and Size: A 1.727 acre tract located in San
Jacinto Plaza on the I-3S service
road adjacent to Wolfe's Nursery,
Surrounding Zoning and
Land Use: North - PD-61 Single family
residential.
South - I-35
East - PD-6, San Jacinto Plaza
Shopping Center, retail.
West - PD-6, Wolfe's Nursery,
Denton Development Plan: Low intensity area
INFRASTRUCTURE
Tisnsportation:
The property has access to the I-3S service road. In an
effort to Improve traffic circulation and safety, one across
to the service road would be eliminated. Stacking has been
provided at entrance and exit points according to City Code
standards. The SD11PT modified the exit ramp from 1-3S to
Dallas Drive by narrowing the entrance on to Dallis Drive to
one lane on the left, and has channelized the exit off the
frontage where it intersects with Dallas Drive and the exit
ramp, The proposed uses will not decrease the capacity of
streets or Intersections in the vicinity to an unacceptable
level of service.
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Page Two
INFRASTRUCTURE (continued)
Utilities:
Existing utilities are adequate for the uses proposed. A 16
foot utility easement is located along the north property
line.
Drainage:
Drainage will be routed to the access easement or east
toward Mervyn's parking lot and will not create drainage
problems on site or downstream.
The property is plattad.
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HISTORY
The
69-35planned
1969pbypOrdinancezoned
(see attachment development S)and . PD m 6 dinclu6 in
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single family, multi-family, cluster housing, retail, and office
land uses. Several PD6 amendments have been approved. Site
plans for office and retail uses have been approved.
No ordinance has been passed amelding Ordinance A69-3S for this
site (see number 6 on page S.3). This application would amend
the plan adopted in 1969. Additionally, Article 11, Planned
Developments, of Denton's existing general zoning ordinance
requires that a Detailed PS.:n must Le submitted if the site is
in a previously approved pianned development which does not have
a detailed plan approved in accordance with the current
procedural and informational standards, prior to development of
an undeveloped tract in the PD. Accordingly, applicants have
made this submission,
Several Detailed Plans we
and Januar re submitted between September, 1988
y, 1989, but not acted upon by Council, duo to
requested postponements by applicants in order for them to amend
the Detailed Plan. The Detailed Plan on the Council's agendas
of December 13, 1988, anO January 17, 1989, at which the
applicants requested postponement, had been recommended for
denial by the Planning and Zoning Commission.
Page 2
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Page Three
HISTORY (continued) r
A substantially different Detailed Plan was submitted and
considered by Planning and Zoning on May 10, 84. The vewehipclle
had rotated the building's 19
an
service bays toward 89. added
significantly more landscaping, and rea~oved dumpster andn
access from the rear of the building. The Commission
recommended approval or that Detailed elan.
Since Planning and Zoning's public hearing and consideration on
May 10, 19890 landowner written protests for more than 201 of
the land within 200 feet of this petitioned area were received;
thus, requiring six Ceun^il votes to approve.
requested postponement at the Council'smeetingAoFlicants again
July 11, 1989, when less than seven members were present.
Council again postponed.
The same Detailed Plan on the Council's July 11, 1989 agenda was
considered by Council on September 5, 1989, That Detailed Plan
was denied.
In a letter dated September 12 1989, w
sought reconsideration by the City Council. Attachedotoethe r
letter was a petition to the U.S. District Court by Golden !
Triangle Joint Venture and Pep Boys suing the City of Denton and
Jim Mattox. Council did not reconsider the zoning petition.
A building permit application was made by applicants' architect
on September 12, 1989, In a two page letter of questions and
comments by Denton's Chief Building Official, the building
permit was denied in part because a detailed plan for the site
had not been approved, Applicants subsequently filed suit in
Federal Court. Pep Boys has withdrawn from the suit, but the
suit remains filed and active.
The same Detailed Plan denied by Council on September S, 1989,
was filed on November 9, 1990. That pt -a was considered by
Planning and Zoning on November 28, 1990. During the November
28, 1990 public hearin a
landscaping, proposed to decreasetthernumber ofdbaysnfrom 10 to
submissionmitted Attachment 4. These become part of applicants'
At the November
three representatives
of the applicant2spoke90n public favor and hearing, eight citizens spoke against
the proposal, Including the Township II president.
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HISTORY (continued)
Written protests have been received from landowners within 200
feet of the Detailed Plan area representing more than 20 percent
of the land within 200 feet of the Detailed Plan.
At the meeting of November 28, 1990, Planning and Zoning
recommended denial of the Detail Plan as submitted and modified
by applicants during the meeting, but on its own motion, in
accordance with Article 26 of the Zoning Ordinance, added a list
of permitted uses, to include auto parts sales and auto service,
and added a set of conditions. See Recommendations.
A new detailed plan and development standards were submitted on
December 28, 1990 by the Joint Venture for your consideration.
These submissions essentially reflect the issues presented by
the Joint Venture at the November 28, 1990 P42 public hearing.
The changes from the plans and standards sub fitted by applicants
on November 9, 1990, and tl+etr plans and standards in this
packet are as follows:
1. Additional (325 square feet) landscaping is added next to
the east side of the building.
2. Retaining wall details are shown.
3. S foot wide sidewalks are shown on the detailed plan.
4. Added a note on the detail plan stating that the Joint
Venture will build an 8 foot high wall from the site to the
creek behind Mervyn's, after a permit for the building is
issued. (See upper right corner of the large detailed plan.)
S. Development standards technical corrections made.
6. Muffler and seat cover repair Is a prohibited use.
7. No out of building repair is allowed.
8. No engine or transmission removal, or assembly, disassembly
allowed.
9. No sale or display of used auto part is allowed.
10. Hours of operation added. Monday through Saturday 8:30 t.m.
to 9 p.m. and Sunday 9 a.m. to 6 p.m.
11. Item 119, Development Schedule, in Development Standards is
amended.
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Page Five
HISTORY (continued)
12. Sign lightening standards are added. (Addendum to
Development Standards).
13. Building elevation and color standards are added as
Addendum 2 of the Joint Ventures Development Standards. At
this writing, that addendum has not been received.
Additionally, applicants have submitted the following new
information: an additional noise study, dated December
10, 1990, concluding that in-building noise baffling is
unnecessary since the bays face IH35, the noise from the
building at the residences will bo "virtually inaudible".
ANALYSIS
The property is located in a low intensity area. A
1 disproportionate share cf intensity was allocated by approval of
the original plan for PD6, and a disproportionate share of
intensity is requested with this Detailed Plan. This site was
designated for office/retail, and a very small area of
multi-family and road use on the planned development plan
adopted by Ordinance 169-35.
A detailed plan to be approved by ordinance is required by
Ordinance 169-35 and Article 11, Appendix B, Zoning of the Code
of Ordinances as amended and effective on May 20, 1986. The
detailed plans herein contain all information required by
Article 11 of Appendix B, Zoning; and Appendix C, Landscaping
and Tree Preservation of the City of Denton Code of Ordinances.
The most significant Denton Development Plan policy issue is
neighborhood preservation. During numerous neighborhood
meetings and public hearings, a set of salient Issues have been
identified. Following are those issues and the applicant's
response to those issues.
Staff note: Given the Denton Development Plan's emphasis on
neighborhood preservation, the fact that Township It is very
clearly a stable, upper income neighborhood, whose character
should be preserved and protected, and that the magnitude of
some of the uses proposed might have externalities or negative
impacts, such as noise in the neighborhood; a question Council
might ask is, how well staff, applicants, and P$Z have done so
far in mitigating those impacts with walls, landscaping, site
design, noise mitigation, building design, and signage design.
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Page Six
ANALYSIS (continued)
Traffic
The proposal shows the elimination of an access point to the
I-35 service road. Transportation service levels will retrain at
an acceptable service level. The internal traffic circulation
is designed so that parking is located on the side of the
building and along the frontage of the service road. No parking
within the 24 foot wide private access/fire lane will be allowed.
Landscaping/Screen
Landscaping is provided throughout the tract. Landscaping and
screening are proposed along the I-35 service road. The
landscaping and screening standards of the Landscape Tree
Preservation Ordinance are met or exceeded. Landscaped area is
S,7S4 square feet above the City code standards. Twenty-one
precastr
property would Cbeysccode reenedabyaanseiare ghtpfoot provided.
of lthe more
wallronethelservice roadoside (front) ofktheebuilding wiljining
partially obscure the bays from view from the service road and t
Dallas Drive. (See attachment 11).
SI na e
Sign standards are more strict than those of the Sign Ordinance.
The ground sign would be no taller than IS feet and no larger
than 150 square feet. The Article 17 standards are 40 feet tall
and 250 square feet in effective area. The building will
contain eye catching and relatively large wall signage.
Illumination of signs is addressed in the PD development
standards. No illuminated sign over 10 feet In height would be
allowed within 200 feet of a residential premise, according to
Article 17. Sign standards differing from Article 17 may be
Venture PD's. The internally fromIlluminated
residential premise. the
Joint adopted
Location of Vehicle Ae~air Bay Doors and Noise
During the public hearing with the Commission on the 1988
Detailed Plan, the Commission stated that an automotive repair
center could be disruptive to the adjacent neighborhood. The
1988 design allowed access to the automotive repair bays on the
east side of the building. In response to this concern,
applicants redesigned the building, showing the building
willcbeepartiallyeobscuredcbygalretaining walldthatfIsifrromH3S
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(case z-9o-oo9)
Page Seven
ANALYSIS (continued)
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9 feet tall tapering down to 2 feet at the driveway. Noise
generated from the automotive repair area should project toward
I-35 and away from the residential area. An eight foot tall
concrete wall and a row of trees will dampen noise between this
site and existing homes. Three noise studies are attached as ,
Attachmc•it 7,
The Joint Venture objects to the restrictions on bay doors and
power equipment. The Joint Venture does not object to the 68~
decibel standard, given the three noise studies. The Joint
Venture does not object to building the wall behind the building
before building the building.
RECOMMENDATION
1. P&Z recommends denial of the Detailed Plan and Development i
Standards as submitted on November 9, 1990 and as modified
by the applicants on November 28, 1990.
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2. P&Z recommends that the City Council approve an ordinance
applicable in this zoning district in accordance with
Article 26, Appvndix 8, Code of Ordinances by adding to and
amending the applicant's petition, Detailed Plan, and
Development Standards as follows:
Add the following retail uses not to exceed 14,800 square
feet. Note: With 74 parking spaces as shown on the Detail
Plan, a total of (74 x 200 square feet) 14,800 square feet
of retail could be Pccommodated,
Permitted Retail Uses: Ant.que shop, bakery or
con ect-or nery s op retail), customer personal service
shop, drapery, needlework or weaving shop, florist or
garden shop, greenhouse or plant nursery (retell),
handicraft shop, household appliance service and repair;
mimeograph stationery, or letter shop; retail stores and
shops over 4,000 square feet, studio for photographer,
musician, artist or health, auto parts sales (retail)
and accessory automobile repair,
3. Add professional and administrative office
exceed 20,573 square feet. uses not to
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RECOMMENDATION (continued)
4. Add the following conditions:
a. Onsite parking shall not exceed 74 spaces. Building and ,
land use square footage shall not exceed an area whereby
more than 74 parking spaces shall be required. The
number of parking spaces and building and land useBarea
shall be determined by using Article 1S, Appendix ,
Code of ordinances.
b. For auto parts sales and auto repair uses, add the
following conditions:
1) the building shall not exceed 20,573 square feet in
size;
2) shall have no more than nine auto repair bays;
3) shall not install, repair or replace mufflers or
seat covers;
4) peak noise levels created by activity within this
development shall not exceed 68 decibels as measured
from any property line which abut a residential use;
5) all automobile service bay doors shall be closed
between 7 p.m. and 9 a.m., except for those periods
of time which are necessary to convey motor vehicles
to and from the enclosed service area;
6) No use of power driven tire or wheel repair,
excepteMonday throughaFridaypbetweena9la.m,sand lowed
7 p.m.; and
7) No out of building automobile repair testing,
analyzing, or parts placement shall b allowed.
c. The precast concrete screening wall shall be constructed
and determined by staff to be in compliance with the
approved Detailed Plan and the City Code prior to
issuance of a building permit for construction of a
building on the subject site.
d, The Development Standards shall be consistent with the
approved Detailed Plan.
e. The retaining wall height detail shall be added to the
Detailed Plan.
f. use, theytshallenotrbearequiredotoubedconstructeditted
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RECOMMENDATION (continued)
g. A building may be constructed within, but not outside, the>
building area shown on the approved Detailed Plan.
h. The number of parking spaces may be decreased below 74, if
parking is provided in accordance with Article 15,
Appendix E, Code of Ordinances.
1. Sidewalks next to a retaining wall that is taller than two
feet shall be five feet wide.
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ALTERNATIVES
1. Approve the Joint Venture's petition,
Staff Notes:
a) if Council would approve this, staff strongly recommends
that the list of other retail and office uses and parking
for them be added to the ordinance adopting this petition.
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b) The Joint Venture indicated during the P4Z public hearing
and since then that they do not disagree to the following
conditions which are not part of their petition: C1.4
1) A peak noise standard of 68 decibels.
2) Building the wall behind the building on the 1,727 acre
tract before a building permit is Issued.
These conditions could be added to the ordinance adopting
the Joint Venture's petition.
2. Approve the City (P4Z) petition:
Staff Notes:
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a) If this Is approved, two conditions which the Joint Venture
objects to would be adopted. Those conditions are:
1) Bay door closing requirement.
2) Power equipment operation limitation.
b) The Joint Venture's petition is more detailed as follows:
1) The Joint Venture's Detailed Plan Includes a note to
extend the wall to behind Meryvn's.
2) The Joint Venture's Detailed Plan has 325 square feet
more landscaping.
3) The Joint Venture's Development Standards includes a
building fascade or elevation (not yet received) at this
writing) and sign lighting standards,
4) Engine, transmission, and auto body work restrictions,
5) No display or sale of used merchandise.
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Page Eleven
ALTERNATIVES
3. Direct staff to prepare an ordinance adopting tae Joint
Venture's petition and including the following:
a) Other uses as listed by P$Z.
b) Add a condition about peak noise levels not to exceed 68
decibels.
c) Add a condition about building the wall behind the building
(but not behind Mervyn's) before the building permit would
be Issued.
Staff notes: This would delete the conditions the Joint Venture
objectives to about bay doors and power equipment and adds their
more restrictive proposals about wall extension, landscaping,
fascae or building elevations, and sign lighting. f
4. Direct staff to prepare an ordinance which would adopt a
detailed plan and development standards, but not permit auto i
services uses, and would permit all other retail and office uses II
listed by the City (Pf,Z).
5. Deny both petitions and give no direction to preparing any
ordinance on this site. I
Staff note: Staff respectfully suggests that this is not an
particularly good alternative.
6. Direct P&Z to hold further public hearings and make another
report.
7. Postpone or table consideration or giving direction.
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(Case Z-9o-009)
Page Twelve
ATTACHMENTS
1. Location Map, i
2. Reduced Detailed Plan as submitted by Golden Triangle
Joint Venture.
3. Development Standards submitted by Joint Venture.
3P$Z. Planning and Zoning Commission Development Standards.
4. Pep Boys Narrative Report and Proffer.
5. Ordinance 069-35. +
6. Minutes of Planning and Zoning Commission meeting of
May 10, 1989.
7. Noise studies.
8. P4Z minutes of November 28, 1990.
9. Council minutes of September 5, 1989.
10. P&Z and Joint Venture Comparison
11. Building Elevations
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i ATTACHMENT 1
2-90-009
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ALECRE VISTA A S 00.
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DAU.AS OPoVt y ~
DETAILEQ. PLAN.
t
ATTACHMENT 3
JOINT VENTURE
DEVELOPMENT STAiDAADS
DETAILED PLAN A
It Statement of Intent of Owner:
Owner's intent is to sell land to Pep Boys of California, Inc. to operate a
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20,513 sq. ft. one-story automobile center consisting of 14,060 sq. ft. of
retail auto psrts, tires, batteries, miscellaneous related items and 9 rarvice
bays for minor tune-ups, brakes, mufflers, lube and oil changes and the
installation of auto parts normally sold by Pea Boys.
2. Statement Indicating Relation to Denton Development Plan G:
Low intensity area, disproportionate share allocation made by Ordinance 169-35
and herein requested. I
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3. Total Number of Acres in Proposed District:
1.727 acres
t. Land Uses and Total Number of Acres in Each Parcel or Tract:
Total Proposed Acreage
a, Single family Detached N/A
b, Single family Attached (townhouses, cluster, etc.) N/A
co Attached Patio/3arden/Eerc Lot Line N/A
d. Duplex N/A
e. Multi-family N/A
f, Office N/A „
g. Neighborhood Service NIA
h. General Retail 20,573 s.f.
i. commercial NIA
f. Light Industrial NIA 1
k. Heavy Industrial N/A
to Other (specify) Retail auto parts-sales 6 service p
14.030 e.f. retail
2,575 e.f. storage
3,968 a.f, service
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Development Standards
Page 2
S, off-Site information - adjacent or surrounding land uses, zonings streets,
drainage facilities, and other existing or proposed improvements,
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(Shown on detailed plan,)
6. Traffic and Transportation - indicate existing and proposed streets, packing lots,
loading areas, access points, IShown on detailed plan,)
Projected Traffic Generation, (lased on traffic study, if required.)
1,232 trlps_
7* luildingas
as Approximate location. (Shove on detailed plan.) i
b. Maximum heights
230-0"
co Minimum setbacks (Shown on detailed plan,)
Front: 50'-0" Rear: 2219" iJ
d, Maximum gross floor area (square feet) for nonresidentials
20,573
f
/e Residential subdivision:
s. Number of units per acre (density)s
IA
be Number and location of lots (Shown on concept or detailed plane)
N/A
co Minimum also, width and depth of lotss (Shown on concept or detailed plan,)
N/A
LJ d. Minimum front, side and rear yard setbacks (Shown on concept or detailed plan,) !
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Page 3
9. Water and Drainage - approximate location of all existing or proposed creeks,
ponds, lakes, floodplains, other water retention Or major drainage facilities
and improvements. (Shorn on detailed plan.)
10. Utilities - location of all major sewer, water or electrical lines and facilities.
(shown on detailed plan.)
11: Location of trees 3' in disaster - six (6) feet frog ground level.
(Shown on detailed plan.)
12. open Space - location and six* of greenbelts, parks, common and recreational areas.
(Shown on detailed plan.)
Yes
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13. Screening - location, type and also of all fences, berms or screening features.
(Shown on detailed plan.)
,''-0" hixh concrete fence along north_croaerty line
14. 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.
N/A
ADDITIONAL RRQUIRLNLNTS fOR A DLTAILLD PLAN
1s. Landscaping Plan - major features and types of landscaping to be used,
Landscap screen egnsi tins of evarareen trans on Werth properly lima and
a total of 12,539 s.f, of landscaped arear.
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Development Standards
page 4
16. Signs - show location, type and mile on detailed plAAI otherwise, signs must
conform to Article 17 of the Zoning Ordinance.
15' High 150 square feet in effective area See Sign Lighting Standards
addendum.
17. Sidewalks. (Shown on detailed plan.)
16. All information required fat preliminary plat in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances.
(A separate plat is required.) NIA C".
196 Development Schedule (detailed plan) - indicating start and completion of
E
construction and the rate of developswnt. All dates should indicate month
and year.
D.P. - January S. 1991
All Approval - A rit 3. 1991
Start Construction - April Complete Construction - September 11. 1991
20. Muffler and seat cover repair will not take place on the site.
Work on automobiles outside the building will not occur.
Engine or transmission removal, assembly or disassembly of auto body parts
will not be permitted on the site.
Display or sale of used or second-hand merchandise will not occur.
Store Hours: Mondey - Saturday 800 a.m. - 4:00 p.m.
Sunday 9:00 a.m. - 6 p.m.
21. Building Elevation and Color. See Addendum 2 Signage shown on this addendum
is not applicable.
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ADDENDQK TO DEVELOPKENT STANDARDS
SIGN LIGHTING STANDARDS
Owner's/Pop Boys) intent is to provide the typical commercial
signage as follows.
On principal exterior elevations as required: i
EAST EUVATIONt Composed of three signs
Each Sign Reads:
1. gl~ess a asRVICE
internally illuminated aluminum boxed letters G
18" H x 169-4" L x 4-1/2" W
2. n 80Y8
Internally illuminated aluminum boxed letters
3' H x 191-6" L X 6-1/2" W w 57 sq. ft.
3. AM PARTS !
internally illuminated aluminum boxed letters i 1
18" H x 120-9" L x 4-1/2" W
4. PJAMM
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See attached Elevation
SOUTH ELNUTiONt Composed of three signs
Each Sign Reads:
1. 21RES i SMM=
Internally illuminated aluminum boxed letters
18" H x 161-4" L x 4-1/2" W
2. PEP EOYS
Internally illuminated aluminum boxed letters
4' H x 250-5" L x 6-1/2" W a 100 sq6 ft.
3, b.OT2 PARTS
Internally illuminated aluminum boxed letters
18" H x 121-9" L X 4-1/2" W
4, Rim=
See attached Elevation
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PEES STUDINd - BITE BI4lf
151 High Pylon Sign - 150 sq. ft.
Internally illuminated plastic sign with aluminum frame.
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ADDENDUM TO DEVELOPMENT STANDARDS
SIGN LIGHTING STANDARDS
9
PENNANT SIZES 15% HIGH X 10' LONG I
DULL RED LIGHT
SONS By
~n
3' HIGH AT EAST ELEVATION
4' HIGH AT SOUTH ELEVATION
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ADDENDUM 2
BUILDING ELEVATION
a
To be submitted after December 28, 1990s according
to Joint Venture.
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n. ATTACHMENT 3P&Z
1 PLANNING AND ZONING COMMISSION
DEVELOPMENT STANDARDS
DETAILED PLAN
1. Statement of Intent of Owner:
N/A
2. Statement Indicating Relation to Denton Plan:
Low intensity area, disproportionate share allocation made by
Ordinance 169-35 and herein requested. Detailed Plan complies with
i
Entranceway Policies of the Denton Development Plan i
3. Total Number of Acres In Proposed District:
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1.727 acres
4. Land Uses and Total Number of Acres in Each Parcel or Tract:
Total Proposed Acreag i
a. Single Family Detached N/A
b. Single Family Attached (townhomes, etc.) N/A
c. Attached Patio/Garden/Zero Lot Line N/A
d. Duplex N/A
e. Multi-Family N/A
f. Office See Attachment I
g. Neighborhood Service N/A
h. General Retail See Attachment 1
1. Commercial N/A
Light Industrial N/A
k. Heavy Industrial N/A
1. Other (specify)
3P4Z - 1
2485x/9 i
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Development Standards
Page 2
S. Off-site Information -adjacent or surrounding land uses, zoning,
streets, drainage facllit es, and other existing or proposed
Improvements. Shown on the detailed plan. j
6. Traffic and Transportation - indicate existing and proposed streets,
parking lots, loading areas, access points. Shown on the detailed
plan. Parking spaces shall be determined according to Article 1S,
Appendix B, Code of Ordinances.
Projected Traffic Generation, Based on traffic study.
1,232 trips
7. Buildings:
a. Approximate location. Shown on detailed plan.
b. Maximum height: 230 - 0"
c. Minimum setbacks: Shown on detailed plan.
d. Maximum gross floor area (square feet) for non-residential:
Retail uses: 14,800. If used with auto service: 14,030.
Administrative and Professional office uses: 20,573.
Auto Service area: 3,968.
8. Residential Subdivision:
a. Number of units per acre (density): N/A
b. Number and location of lots: (shown on concept or detailed
plan.)
N/A
I
c, Minimum size' width and depth of lots: (Shown on concept or
detailed plan.)
N/A
d. Minimum front, side and rear year setbacks: (Shown on concept
or detailed plan.)
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N/A
3P&Z - 2 ! J
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Development Standards
Page 3
9. Water and Drainage - approximate location of all existing or
proposed creeks, ponds, lakes, floodplains, other water retention or
major drainage facilities and improvements.
Shown on detailed plan.
10. Utilities - location of all major sewer, water or electrical lines
and facilities.
Shown on detailed lan. CJ
11. Location of existing trees 3" in diameter - six (6) feet from ground
level:
None.
12. Open Space - location and size of greenbelts, parks, common and
recreational areas:
Shown on detailed lan.
13. Screening - location, type and size of all fences, berms or
screening features;
Shown on detailed plan. 8' - 0" high concrete fence and Shumard
Oak tree line along north ro ert line.
14. Development Schedule Detailed Plan - showing date to start
construction and complete construction, and rate of development.
All dates should Indicate month and year:
All approvals March 20, 1991; Start constructt_on - April, 1942
rComplete construction - 5e tember 1993
15 Landscaping Plan - major features and types of landscaping to be {
IS,
used;
Shown on the detailed Ian.
16• Signs
conform location, to Artype ticle n 17 s of e the Zoning on detailed plan; otherwise,
must show
signs
As shown on detailed plan Maximum height - IS feet. Maximum
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effective area - ISO s uare feet. j
3P&Z 3
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Development Standards
Page 4
17. Sidewalks: Shown on detailed plan. All sidewalks which are
adjacent to a retaining wall which is taller than two feet shall be
five feet wide.
18 All information required for preliminary plat in accordance with
Appendix A (Denton Development Code) of the Code of Ordinances:
N/A. The property is platted as Lot 4A, Block A, To_wnshio II,
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Phase II.
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P&Z Development Standards
1. Permitted Uses. The following uses shall be permitted uses for the
property under the approved plan:
Auto service center (accessory automobile repair i
Professional and administrative offices
Financial Institution
ilealth/Exercise Club
Retail Stores and shops, as follows:
Appliance store
Video sales and rental store
Auto parts sales (new) C;
Bakery or confectionery shop (retail)
Beauty shop
Book store
Camera shop
Candy/ice cream/yogurt shop
Carpet store
Card or stationary shop
Clothing/shoe store
Computer/software sales store
Convenience store
Drug store
Electronic store
Fabric shop t
Florist/garden shop/plant nursery
Furniture/home furnishings store
Gift shop i
Hardware store i
Health food store {
Hobby, handicraft, and art supply store
Jewelry store
i Laundry/dry cleaners
Music store
Office supply
Optical store
Pet store
Printing/photocopy store
Sporting goods store
Tanning salon
Travel agency
2485x/17
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ATTACHMENT 4
Ladies and Gentlemen of the Board:
The following is a Narrative Report and Proffer:
We the Pep Boys do hereby Proffer that the application for
davalopment of this subject property shall be in accordance with
the conditions set forth.
The Pep Boys - MANNY MOE & JACK have been in the Retail Sale
of Automotive Parts and Automobile Service for the past SiAty Nine
(69) Years, with 300 store in sixteen (16) states.
Pep Boys is a Pennsylvania Corporation established in 1921.
We are a publicly held, company, trading on the New York Stock
Exchange, trade symbol PBY.
Our Gross annual sales at the end of 1989 were over 750
Million Dollars.
All of our stores are Company owned and staffed with our
Company trained employees.
our intended use is as follows:
RETAIL - (Sales)
The sale of Auto Parts and Auto Related, items and
assorted Household items related to automobiles.
SERVICE CENTER -
The Service Center consists of t~b0) 'Service Bays.
This area will be used to install the items that we sells such as
tires, batteries, and the many accessories that we sell. We.
perform Tuna Ups and Light Duty Repair.
we will at No time perform engine or transmission removal,
assembly or disassembly of auto body parts. No auto body work
including painting will take place on our premises. ,
our service work encompasses only the items that we sell.
All products will be sold ONLY at retail. There will be no
sale or display of Used or Second Hand Merchandise.
Used parts that are removed from automobiles will be stored.
properly in our (Core) storage room.
,d 5fr++t and A1leghenyAvenue • Philadelphia, Pennsylvania 19192 ~ (218) 229.9000
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EMPLOYEES -
We gill employ approximately 10 people at this location. They j
will include the following:
SALES SERVICE
Manager Manager
Assistant Managers (2) Assistant Manager {
Full Time Sales Technician (Full Time)
Part Time Sales installers (Full Time);
cashiers (Full and Part) Installers (Part Time) i
The peak number of employees at any one time will range from
12 - 15.
We will not allow automobiles to park in our lot, for long
periods of tima.
The following is a list of store operations and hourss t~
Monday thru Saturday 800 AM thru 9s00 PM
Sunday 9:00 AM thru 6:00 PM
Should you have any questions or comments, please do not
hesitate to contact me.
sincerely, 7(1' M Nsloro
National Director
Site Development
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ATTACHMENT 5
ORDINANCE NO, 69.35
G
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SANE UAS AS AM OF DENTON, TEXAS,EBY ORDINANCE NNO~ 69-1HEANODOAASOSAID NAP APPLICSTTO CITY
CERTAIN PROPERTY KW A AS CITY LOTS 11 ;ND 12 OF CITY BLOCK 285;
CITY LOTS 1, 2, 3 AND 4 of CITY BLOCK 283 AND CITY LOT 13 Of CITY
BLOCK 27
THE AND MORE4P/0ARASCSHOWNLARLYONDESCOACDTHE PLATXINCORPORAT DCHEREIN;DMO N, TEXAS,
DECLARING AN EFFECTIVE DATE, 1
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THE CWNCtL Of THE CITY Of OENTON, TEXAS, HERESY ORDAINS! _ j
SECTION L, 1
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That the Zonin Nap of the City of Denton Texas, adopted r
January 14, 1969 as an Appendix to the Code of Ordinances of the
City of Denton, Texas, under the provisions of Ordinance No. 59-1,
be, and the same Is hereby emended as follomts
All the hereinafter described property is hereby raeioved
from the YAK - Agricultural District as shown an said Zoning Map, and
all provisions of Ordinance No. 69-1 adopted the 14th day of January,
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ORDINANCE N0. 69-35 (Continued)
1969, is wended, shall hereafter apply to sold property as "PD" -
Planned DeveloVwmt District according to, and subject to, tie below +4'
conditions and requirements, and to the plat attached hereto and made
a part hereof for all purposes, and being generally described as all
that certain lot, tract or rarcel of land situated in the City and
County of Denton, Texas, known is City Lots 11 and 12 of City Block
285, City Lots 1, 2, 3 and a of City Block 283 and City Lot 13 of
City Block 276/o as shown this date on the Official Tax Map of the City
of Denton, Texas, and being the same property described in the
attached plat llocatAd in the 1700 Block of Dellis Drive), which
conditions end requirements are as follows:
1, No building or other structure shall be constructed on
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or Across existing lot lines shown on the attached plat and an future
replies, nor be closer than the front, side end rear yard requirement
stated in the Zoning Ordinance. The tern "Lot Lines' is used in
this ordinance shill mean the division lines of any shown lot or"`
Pliti.
parcel of land which circumscribe an area within the Attached or
2. Lot lines shall be changed only by th u
replotting in the farmer provided by the Subdivision AequleNons, in
Article 13.03 of Appendla A to the Code of Ordinances.
3, 11han a tract or parcel of land is resubdivided or
replotted, any and all additional rights of way and easements which
are de*"J necessary by the planning and Zoning Commission shill be
dedicated by the person resubdividing of replotting the lend the seas
as if the tract or parcel ware being originally lubdiv181d.
4, Each lot or tract shown on the attached plat 1411 be
limited to one structure only regardless of the use indicated on the
plot, until ear is further platted within toe delineated areal shown
on the attached plat, and each such plat shill show all proposed
building sites, building set back tines from each %tract and abutting '
Property, all utility, street, alloy and acaal rights of way, and
drainage ways, upon the dedieation to tM City of ail needed streets,
alley ways of easements to see" tar, and upon the completion of the
paving of all streets abutting such property, and needed to gain
access thereto, as may be required by the planning and Zoning Caleissidn, Iii ,
such plat shill be filed of record along with the geneNl plat attached
hereto upon its approval by the planning and Zoning Comnistion, }
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ORDINANCE NO. 69.35 (Continued)
Building permits will only be issued for those areas shown on the
detailed plat as building areas within the set back Unes.
5. when a tract or parcel of land is resubdivided or
platted is described In the paragraph above, any and all additional
rights of way and easements required or deemed necessary by the
planning Ind Zoning Commission shall be dedicated by the person
resubdividing or platting same, aS if the tract or parcel were being
originally subdivided.
6. All provisions of Ordinance No. 69.01 (Zoning Ordinance)
of the City of Denton shall apply to the property within the attached
plat to permit the toning uses indicated thereon, by shading or
otherwise, and no other rrstricti"S thin those found for each such use
district shall apply, nor shall any other use thin those permitted by
the respective zoning district be permitted within the areas a designated
on the attached plat, and the toning district areas to defined shell
not be changed except by amen-dmmt of thts ord" ce, A plettingFr r
reptittieq of any area shall not affect the uses permitted within the
.
respective districts shown on the attached plat.
f. All the atreots, easements, alleys and rights of way +
indicated co the attached plot have been properly dedicated, or are
now Nor* dedicated, to the City of Denton, and the some are hereby
accepted by said City for public purposes.
8. All straits shall be paved as required by the planning
and Zoning Commission prior to the issuance of any building permit, {
and all paving shall be done according to the SpeCificatlone On file 1
in the office of Coesnunity Devetopnwnt, and under Its direct inspection
and supervision. The paving w4dth within the designated Street rights
of way shall be as required by the Dirmetor of Community Developernt,
provided that the usual standards for same be followed. 1
0. All ordinances of the City of Denton and sews of the
Stets of Teals Shall be complied with, and all regulsttonS regarding
the wbdividing of property are hereby expressly irdv applicable Mato.
10. No building permit of artiftcate of otcupenCy will M
issued until the pertinent conditions stated herein hew been Complied
with.
A 11. The following building ind use roitrictions shall apply
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ORDINANCE NO. 67.75 {Continued}
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to all lots designated for single family residential use only on
the attached plat, and same shall be Included as died restrictions
on such lots, along with any others imposed by the developer consistant
with the intent hereof, and with all applicable laws and ordinances;
provided that the following restrictions are deemed minimal only, and
L any greater restriction imposed by the developer shall prevail; tc•wit:
rr A. All lots In the "single family" designated area within
the attached plat shall be used for single family residential purposes
only, constructed upon concrete foundations, with single ranges
or carports attached, and necessary outbuildings for single family use
only; provided, however, that double or triple garages may be detached
from the nsldence but shall not be closer then 100 feet to the front
lot liner
b. No residential structure shall be erected or placed an
any of the lots in such residential area having less than 1200 square feet
of floor space, exclusive of garage and porches,
c. No building shall be located nearer thin eight feet to
any side 1ot line nor nearer than thirty-five feet from the front
property line, nor nearer than 15 foot to any side street ltne;
d. No trade, business or commercial activity shell be
carried on or located upon any lot In such designated area, nor shill
anything be done thereon which may become in annoyance or nuisance
to other residents in the same area.
11 e. Water and %@wrap connections shell be made et the property e
M.
f, No chickens, turkeys or other fowls, cow, cattle, hog
or hogs, horse or hones, or any other livestock of any clWificitlon
shell over be kept or permitted on any lot or lots in such area.
q. No trailer or temporary a'ructurs shall ever be placed
upon any lot in such area or used as a residence in such area.
C h. These covenants one to rh.i with the land and shalt be
binding on the aria let owners, their successors or their heirs
executori, administrators and assigns for a period of ten years from
September 23, 1949, coottnuinoo until September 220 1979, inclusive, at
which time such covenants ahe11 ho aueu,Ytfcilty extended for successive
periods of ten years unless by a vote of the majority of the then
owners of the designated lots, it Is agreed to change said covenants
In whole or In part.
i If any owtor of a lot or lots in said designated aria,
or thetr heirs or 2111 -a 1411 violate or attempt to violate any of
the covenants or restrVetions heroin contained. that it shall be lawful
for any other y,rlon owning real property in said dealgnotel sine,
_ to prosecutd ary proceedings, 10 law or in equity, Igatnat such
11 violators or attempted violators of said covenants, and to either prevent
him or them from to doing, or to mcover demxlges for Such violations.
J. Invalidation of any of these covenants by judgaamt or
court order, shall in will effect any other provisions hereof, Which
shall remain In full fora and effect.
TM pm.?r and/or developer of the land described in the attached I
Plato for sod in consideration of the granting by the City Council
of this toning classification an the said property, dot hereby bind
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ORDINANCE NO. 69.35 (Continued) I
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Itself, its successors, executors, administrators end assigns to fully
comply with all of the above described terms and conditions for the use
of said land as long as this ordinance shall remain in effect, and the
said developer and/or owner understands that without full and complete
compliance on hit part with the sold terms and conditions the uses
permitted herein and hereby would otht Mso to prohibited under the
Zoning Ordinance of the City of Denton, and in order to secure this
amendment to the Zoning Map to make such use of the afaresald land, does
hereby covenant that it will fully and completely comply with the terms
and conditions herein mentfonod, that this covenant shall run with t
the land, and shall to binding upon itself, its heirs, successors,
executors, edministraton and astigns, that upon breach of this
covenant this Planned Development District may, at the city Councils
discretion be made null and void and thereupon said property shall once
more become subject to the regulations applicable to property in-0a y
"A" - Agricultural Zoning District under the terms of the Zuring,
► i ,
Ordinance of the City of Denton without any right on the part of
Itself, its heirs, successore, executors, administrators or itsigns to
continue the development of said premises is planned.
5ECTION-At
That the City Council of the City of Denton, Texas, hereby
finds that such Planned Oevetopment District is in accordance with a
comprehensive plan for the purpose of profiting the gem!rel welfare
Of the City of Denton, Texas, and with reasonable consideration, among
other things, for the character of the land and for its peculiar
suitability or peculiar uses and with a view to conserving the vaiw
of the hafts and buildings in the vicinity, protecting humtn lives, and
encouraging the most ap roprtite uses of land for the maximum benefit to
the City of Denton and its citisexs.
SECTION III
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public hoer-
Io9s having heretofore been Mid by the Plaening and Zonlnpp COmSafon
and the City Council of the City of Denton, Texas, after 91rin9 due
notice thereof, 1
PASSED AND APPROVED this the 23rd day of Septambor, A. D.,
1969.
CIT140F OENTISR, TEXAS
ATTESTi
CITY Of DENTON, TEXAS
APPROVED AS TO LEGAL FOPfII
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ATTACHMENT6
MINUTiS
Planning and toning commission
May 10, 1969
The regular meeting of the Planning and toning commission at the
city of Denton, Teras was held an Wednesday, may 10, lilt at
StDO p.m, in the Council Chamber of the Municipal building.
p:uentt feline Stock, Jim engelbrecht, Ivan Glasscock,
Judd Solt, William Hartman, and tths Riker
AaJentt rein Morgan
Ptele1t fro-, StAfft stank Robbing, feacutive Director tat
planning and Development) tllaateth evens,
planning Adalnlettatact Cecile Carson, Utban
Planners Joe Matti, Assistant City
Attorneys Jetty Clark, City engineer)
Lee Allison, senior civil enginsetr
Renee sakee, Civil tngineart Ovon Toot,
Urban Planners and Olivia Carson,
clerk-Typist
callrman stock called the Posting to order. f{I
I. PU]LLC NSAALtICS
A. t-61-911. Hold a public hearing and consider the
petition at pop gays of California, Inc. squatting
approval at a detailed plan In an aIIating planned
Development District IPD-61. The property is located '
on I-JSt In San Jacinto Plata Shopping Center adlacint -
to wolfs's Hutsery. r1
rlfson property owners were noeltle: within SOD (seer
one reply form was received in gavot, tout In
apposition, and six letters wars received In opposition r
from persons not on the nailing last,
IIAPr R[PORT) Me. Carson stated that the Pep Soya site
is in a portion of 119.6 which vat origl.tally Boned In
1969. Numerous amendments have been approved, the
Planning and toning commission recommended denial of a
detailed plan for Pep Boys in October at 196%14 The
request was later withdrawn team the city council
agenda. The car unt proposal contains a number of '
significant changes from the previous submittal. The i
positioning of the Pep toys building has boom roltested
to front 1-15. The area in bast will be gnu wit's ao t
eight toot condteto wall, Parking will be en the 10464
ILde of the bvll8iog and along the seeviOe read
frontage. the continued that the Submittal Oonto us to
city of Denton planned dovelcpmant tequirenantt,
tnternal 419eulation 11 Improved oval the sorreat 1
circulation around Volta's Nunacy, Note Masi ate
being ptevided than ace eegDleed by the Oandeeipiag
ordinance. Signs will be 16qul sd to Confers to the
new sign ordlnaneo, The bays sea seteanea lion 1.19 by
a retaining wall, $tall has soma concerns beeaus6 el
the ru idential unite backing up to pap says which see
Tn a jow intensity area,
PiTtTION111 Al Kelore, dit4okot of site devolepneat
tot top toys, seated that the people originally
handling the C A14 are no longer with Pip BOYS. Pap
says has mat the Mess tequtsd by the city and Sol ut 1
with the neighbors and addte uad !heir 44404146. the
back yard of Pop Joys 11 screened from the losideats by
tests. Pop says C441LIGS that the nelghbo n ate I
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Concerned that their homer will lose value by being
nett to a commercial business and wants the two parties
to live together and minimize problems. Pep Soya has 1
met with the homeowners and talked about lighting,
noise, traffic, etc. Noise will ba towards the
highway, Internal traffic will be safe, trash dumpatera i
vi 11 be in grant, and landscaping will be across the
rear and in front, pep toys will maintain the
lendeeaping. All of the City's concerns have been
eddrassed. Pep toys will be a good neighbor and Denton
needs the bush us. Pep toys is a leader In the
l,tonotive industry In Dallas and ate proud of out
service. Amployees are well trained and the buildings
are kept nice.
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Me. Brock asked what pep toys doer.
Mr. Meloto sold that Pop Boys has been in business
since 1911. They have 250 atoru coact co coast which
aell cetail items related to the automotive industry.
St:vice centers have 10 bays which ace used to install
tht items cold by pep toys and to do light engine
c4patr. Auto body wort, engine and transmission
:emovsl, dleuaamoly of pacts is not done, Any parts
removed from automobiles will be kept inside the
score. Bach grace employs up to 10 people with
11-15 employees of the store at any one time. Thee@
Il will not be An unalghtly Parking lot with used
I vehicle,, Sunday bouts ate 1•6.
Ik Mr. Holt Ukoo it any Walk will be done outside the W'
building. •
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Mr. Meloto said no, maybe a lump Stitt. tnouranco does
not cover work outside the buildlag, top 1010 wants to
do this project right. Theta will bt landscaping and
cataining wails, It Will be an agent to the eomaenity
and create jobs. They ate good high paying jobs. POP
Iola has the backing of civic groups throughout the USA.
` Ms. Stock asked if Pep Boys Installs mufflers,
Me. Maloto said yes.
Ma, lrock asked what wawld happen it she vent to Pap f
toys and said hoe car was making A ASIAN, '
Me. 441090 as.. they would look at the ear end
make a t4eomaondation,
me, Stock asked what would be done !f the Problem was
the online.
At. Mollie said that if it VAN light duty work, they
It would wick on it but they do hat remove aallats flat
automobiles,
No, Brook asked what the diff4geaes is between
._LAstaLlats and tachnloiane.
Mt, M410to said that technicians ice seebaales,
inetallars put jot batteries and kites, the word
f 'mechanical is no lonlat u1444 teaknidiaas all
dartiflod. Pop Boys actors many 1040611%4 And out
secvico people age trained And are Peawd to week get
us, we give trained personal setvtae,
Mt. elaseeock Asked how many emplayeee voold be At the
store.
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:Ir. Ma l a ra ans wa t ad that there are two shifts and so,
11-15 amplayess would be on duty at A glean tiaa.
Mr. Molt a ked what is done with old tires and
bat tar let, 1
Mt. M41000 said that they are kept inside. !here see f
about 600 custamars a day. That may sound high but E
last good generates 1,300-1.100 customets per day.
mi. a:ock asked about slgne tog Pep BOYS.
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1r, molora showed the Commission a picture at a Pep
sot's sign.
ts. stock said that the only rep Boys stare she has
ActuallY Neon was visible tat lot Ito, it had big signe
and dogs.
At. moloto slid that the flags are done 909 grand
openings. Pelroits are requested from the city. The
pylon sign will be vithln City etandardr-
me, stack asked it the three men will plated oa site,
C':w
mt. Maloro said the these Man rep94 not the original i
founders of pay Boys and will be used it City
tagulations allow the.
Mt. Molt asked what kind at trees will be planted.
At. Melato answered oaks and ave-gg hens will be planted 1b
to meet City toquireMents.
' Ms. Stock asked it the ptoj4et had been discussed wit"
Wolfe's History.
Mt, Meloto said no.
Ms. Brock said that the manager of volts 's had
*$praised Concern about the parking Problem and the
tact that Wolfe's has to pump in their water.
Mr. Melded sold that pep Boys will have provide Parking
Spaces got their % if.
Mt. Glasscock asked it the proposal is similat to the
one on pack Lana in Dallas. _
Mr. Meloto said yes,
is PAY0111 Cattle waatheralll 11409Y f, Miller Ce„
stated that he is belt oM behalf of the pfOP4ltY
owns, They have mat with the ho104000411 to week Oat
thole Objections and have solved them, the building Is
aealln and the boys tats i-1g. theta will he as eight
goat mtsonry wall tar attuning And tests will be
plena d e1e44dlnq the taQvlrutats Of the landscape
plan. theta will be no access In the back Of the
,^mme4
co~naldetataaPaot r the! heuhwa4rs, can@aina ale be in the flanks We Planning this project- to told that it will be
calf-tuffieient, it stake the te4tifemeets toe
TheiPopattyais potntiallyiewadBYtogOafasttfood plates
wouldegensrat4 sued Mate tt6tfid, Neely B. Millee Owns
adjaent peopelty and is trying to 446496114 trottie to
hilt backed
investment,
andathisanittenalentail4tilsLewisville
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Don 'wlc con, stated that he Itwos on 01mos creek In the
Townenip it area. He raid that ht has not attended
other meetings but has been lhfotmed through
correspondence. He does not know the pep lays people,
but It IN A commercial propectY and it seems that the
people have tried to satisfy the homeowneca's concerns
and to accommodate them. He said that he to not got of
against the prOlect but he has always known that the
land was commercial and pep lays has tried hard. They ,I
will be in & flat to the Community.
^r. Olt asked which cams first, Township I1 0t the
hall.
Arraa Answered that Township II was in place cis
years oefore the mall was built, but signs were posted
Advising that the property would be developed as
ganfrel retail.
David Dunntnq, Henry S. Killer Co., stated that they
have owned the land for SS years. The mail started
flow. Townahlp II was slov developing. The original
developers had gone broke and the property In question
was purchased by his company. Target vas the flt_st to ,
be developed, then the office building and then
mecvyn's, which has not been very successful. Wolfs's
vu devUbped nest. Henry 1. Killer has stuck cut the
problems, paid taxes ano done the best they could.
TT.ey have cooperated with the neighbors on the piney .r
Creek strut closing. The site in queetton was -
puccnesed based on the toning. They have cooperated
with the City. This site will have mote landscaping
than others around the mall. There is not a great
traffic probltm in this area and feet food would
generate much more ttaffld, They could have tried to '
develop a multi-stogy bulldlnq which would probably net
be desirable to the homeowners, lostaucanto Are a&110,
open longer hours. Denton to going to nesd retail
tenants because of the Lewilville mall. is laid that
oenton will be in competition with that mall, Fop toys J
is a good use [at the site and the price has been '
lowered to help offset the cost to pep lays. testy S.
Miller his the biggest InveetMent around the sell and
wants Denton to stay strong. r
Jim making, seated that he is a btaker for Sooty a.
miller and is in favor of the propeesl. No ether !
retailer would have spent as Muth time and money as pep !
boys to help blend with the local hoseowners. This bee
teas an Outstanding elgert,
Opposgol Royce Meddla, Isla tan oabrisl, stated that
his hale is behind and to the left of the Site, to is
president of the homeowners association and a resident
of the neighborhood. The haaeewners left their jobs
fatly to come to the meeting end participate. They
have met with top idyl and ate impsoased with the
changes. They applaud the efforts but still de not
&A W a- garage in their neighborhood and baekystda,
They d0 net object to a business, lust this kind, and
% ate not sure About how such eeles thane would be. if
these is toe much, it will be toe lets by the time they
find out, That* will be A let of date, 1,100 trips a
day is high when woifr'a deed such geed busineds•
evotyono has to Skit cut the frontage read, There all
about 10 auto bustneaaso within A miles the area is
Boned retail/offloe and top says 10 neither$ This type
of dal would not be allowed in other cities and the
nelghcorhoid 1s concerned About Dallas olive eseidaatss
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llal Williamson, 1111 1110 Grande, said that he Is
vice-president of the homeowners' association. They
are requesting denial on the basil of the traffic
Increase en the service road. He said that he is
speaking not Only for Township It but as a Denton
resident. There era lots of accidents on Deltas
Drive. The City's hands are tied ant 11 the State a kes
I-15 ate lanes. Theta have been is accidents teas
January 1, loaf to date an 0611416 Drive. Thirteen vote
inldry aeCidenta but no deaths occurred. Moot of these
sect dents ware at the frontage road entrahet. Traffic
from Loop lea and the mall must stop on the frontage
rcad it Dallas Drive. They have the choice of going
rtlht, crossing the street, or turning left. He Stated
that he lots not see a temporary solution and citietns
don't want to see 600 more cars crossing the street at
that location,
:he Commission tkamined copies of the accident reports,
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Ms:y O'SU11LVan, tiOS Guadalupe Place, stated that she
is the owner of the airport shuttle and 41 member of the
chmaoer of Commerco. She said that the original plat
tar the Golden Triangle Mall was not for a major
ttoional mall. It was for a shopping aenttt. She
added that she was president of tae homeowner's
rasociation for four years she has worked with 114nty S.
!tiller.
Mr. Holt asked if the houses were built before the mall. -z
No. O'Sullivan said that 75-SO houses welt built before
ens mall. The ones in back of Pap Boyt were loss of
those that had already both built.
A man in the audience said that the houses watt built
In 1110 by Jo Starts.
A. L. Beavers, 13 If San Gabriel, pointed out that the
developers first said that the tress they are going to
plant would be evergreen, than they said oaks. ?bay i
home not agreed. The lift turn lane en front of
Wolff 19 does not allow meta than 7 or S ears, After /
that, the ears begin backing up along Dallas Drive. r
Herold Perkins, 1605 Sandy Crttk, questioned whether
Money 5. Miller Could have award property in Township
tr for 15 years, Pe said that he purebeaed his
property from someone also, At asked who will look
!tier the landscaped areas at the Pep lays site, The
City had claimed responsibility lot it eaillor,
At. 1104thoiall Asia that the City ham An •4468411% t%
III the roar of the property,
Mr, sarkln4 tsplaihed that tinges Weald have to be
comovad and the area could become soaguite infested.
still* Berklns, 1605 Sandy•Cteak, said that she did not
.JSalt..hit property from Penry It Miller, It was
~t -p4tchated from a man In Dallas, she said that the
moved to Canton instead of N49CYLLIO and does net SOON
why lined she has to tight, She said that bolero the
potchea4d the property She Period hat gat to listen to
the notes in the area, she could hoar the treaway ants
in a while but now these at* duepatdrs at Nolwys'd 464
other notrt$ fees the 6441, The peapeaad Wall behind
fop soya will block tht breat4 to the ad144140t
proper! Us and will doValu4 the ptop4etlea by Ides sh4
.i said that the object$ to the plan,
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Craig Cur[Y stated that envy had p •eN Ued vacant land
and some surplus lots. They mainly own COEM000i41 land
and are not Ln the rasidsntlal bas s 1ne r s. They were
taquited to buy the extra land with their deal and they
later sold it to a residential builder. Mr. Curry said
until this evenLng they had thought they owned
commercial land.
Me, Matkine raid that when they bought their land they
though the site in question was gonad retail.
a':Arr RECOMMENDATIONS Ms. Carson said that the site is
toned PD-6. This PD was approved for land uses
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including residential, multi-family, cluster, and
retail/office land uses, some of these used[ are not in
tat ordinance but the PD allows fleaible Neil. As each
parcal develops, a detailed plan is tequlted. In 1946,
the PD ordinance was passed rsgNitLnq detailed plans - t;
that Include Ingress, egress, landscaping, building I
ltyoue, eto, Land use is examined when the detailed
plan is subvltted. for example, Michael's was approved
through the detailed plan process. Pep says appears to
tall in the retail/office use area, she aontlnuld that
there is to easement with a water line on the property,
but the City will not maintain the easement of tells.
Tna developer la responsible for maintaining the
landscaping. The trees WILL not Interior* with the
water line. City requirements for signs must be met. -
The teats indicated on the plan ate shumar Oat which la`
not an evergrun. If the Commission recommends the
request, a condition that the teats be evergreen may be "
added. Staff recommends approval with the following i
conditions
The lighting In the patting lot shall be IlmLtad to A
maximum mounting height of 7S', use masl.um 17o watt
high modlum lights, shall bl, TYPO g, 1, or k cutoff
Street light, and fights shall be directed away from
the abutting easldontia1 ptopettias.
Mr. slier asked About traffic control.
Ms, Carson replied that the curb cut in front of the
etold would be eliminated, so thee4 will be leas
traffic interruption into the shopping cantor. She
showed the Commission a portion of the sehadule of 9948
concerning automotive indgettlos from the Denton foxing
Ordinance, she said that Any of theta uses could be
allowed in the PD,
Mt. Cldtk stated that the told in front of Volta's and
Pep lots is private, The gerviol good is a p9blie
strsot, The City has asked that the Antfasde be Moved
back to keep the intersection of the private road sad
the service said away from the intersection of the
service road to Dallas Drive.
AS. Riker laid that !bees has been a high indldlnae of
•-acdidonts an Dallas Drive, she asked what will be
-'-ehahgdd,
MCC Clark said that the city has been walking with the
Str:0. the ltitl will be adding a median a,d they age
going to fill in A portion of a lane on Dallas Drive
with }iggld bats, it is not a petmanent solution but
it will help to have only ens land doming off of 1.15,
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3~Iga 4111lamson, 1711 mlo Grande, stated that she was
involved in in accident that totaled her Thunderbird. I
Mt. Clark said that the problem is being worked on.
There have been 11 accidents, theta to the last
14-15 months. The state has the ultimate plans for
improvements which witI eventually occur regardless of
who buLids in the meet.
Mi. Brack agreed that one lane of traffic will help. '
ink stated that people don't [educe their speed taming
on to Dallas Drive and the people that are crossing the
coal don't stop or t u Iize how fast the traffic is
moving. She asked about parking on the private road.
Mr. Clark skid that staff [eCammends A no parking sign
and center stripe, plus 1-way traffic signs to make it
close that no parking is allowed. The retail Cantec
cannot be held cesponsible for the needs of adjacent
businesses. He said that the City did a traffic gaunt
and the highest count at noon was 150 vehicles. There
wauld probably be 4U0 at peak bout.
Mt. Motor* said that Pep Pays has about 400 customers
Ftc may, which would be a total of 1100 1r, and out
trips.
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Mt. Engelbcecht arksd It there are plans to make the
aervlee road a two-way street. '
Mc. Clark said no, but it will be sate[ ones it to ao
Lange[ a crossing. The trend it to mate service goads •
one-way and not two. Mervyn's tried to have the coed
designated two-way and failed. Two-way traffic would -
aggravate the problem and require a signal toe which It
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would be impossible to stop.
Mr. Engelbcecht asked what kind of vegetation will be
planted.
Mi. Carson said that the landscape plan shows Shumat
Oak and secmada Grass. /
Mt. EngalbreCht Said that ovetgrssns would Soak the
building all year lang.
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Ms. Cation said that thsrc has been sou discussion
about that. i
Mr. fngtlbrtcht asked if the sign could be Otte 10 toot
to height.
j Ms. Carson said yes but it would have to be
non-illuminated. Staff recommends that lap soya
conform to city oedlnance■ of ask the Cotaission toe
special permission for a sign. A silo suck as the
current San Jacinto Sign would to allowed. Ome like
wolte's would not. They can put up a wall or
++-ptajeating stuns an the building but no illumination
will be allowed. A teas standing l[Odad sign could be
40 feet in height measurtd ICON to service road.
As. stock asked If. the Commlasioa 041% attach A
condition to the plan about the sign that is
non•Contorming to the sign ordlnadgt.
Me. Carson answered yes.
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Me, Holt asked about drainage.
ns. Carson said that St is :11vereed towards Metvyn's ,
and the accesr area. Inv. to are eulvects around
Meevy n'I.
Ms. Hacking said that the dre image does affect the
neighborhood. It floods an Angelina send.
Mr. Clack maid that City can do research and ditches
.nay ifed maintenance. The drainage was designed as
part of the San Jacinto Puss pcolect. They vent
through platting and the review process. The proposed
pto]ect would not be a significant addition to flooding
I■r and reasons got flooding can be investigated.
me. :ngelcrecht asked about the Intensity of the aces.
Ma. carton said the average 's ]SO trips per gross
acre. The site is not quite tw, eager.
Mt. Engelbreeht sakes if a masonry wall slang a
COnCtete block wall.
Ms. Carson said that a pre cast conctete wall has been
indicated. A fencing permit will on requited to insure
conformance to the detailed plan. The wall will abut
existing fences at they can be removed. ,
ASSUTIAL: Mr. Weatherall Stated that pop Boys conforms
to uses allowed in straight zoning except tot muff let
repair, pep says is willing to eliminate that •
Service. He said that he to unsure about shames Oaks
but the intent is to provide n evergreen segeen or
whatevet would be the best screening. pep mays will
` comply with the sign ordinance and is villing to
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Cooperate. Their history shows that they try to
cooperate.
At. Meloto said that they care and would not go through
this trouble it they didn't. People denet like I
changes. They haven't had anything on that site but it +
is zoned fat Pep says and Se0ttle*$ change is J
necessary. It will boast espleyaent and to r4ee5sion
proof. When times are bad people keep old vehicles and
Cate for them. In good times, they take care of their
new autas. There ate traffic impeevadebta occurring in
the area. it mufflers ■re a problem, they will not
insteil them. A drainage wfiov is r4qulced by the
City and they will work an the no parking signs. se
added that they ate willing to go the extra 0114 and
the.buslnese will benefit tea City.
Mr. mngslbcecht asked it they waild be willing to Oaks
the masonry will with material besides concrete.
Me, Meloco Said that it to AttiCUI&tdd eoberate With a
dssfgn.
Mt. tngelbracht asked it they veto willing to live with
a sign consistent to the current fen Jacinto Sign.
Mt. Mehra Said that A sign is important to a retailer
as an identifies and entrance market. A sign must be
legible. It traffic goes SO mph, it must be
comprehenable and safe $o people won't Stare. If the
sign is to low as too small it is a safety halacd.
People tend to stare until they comprehend. sees it
shay are familiar with a sign. people laOR at them
anyway. as said that they would work with the City.
They want to most requirements but must have a readable
sign.
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Mr. Cur cy stated that the property for Walls's Mufsary
was purchased from them. They hays an agreement about
the access and It cannot be closed. se said that they
have not had this many problems with other developssnt
around the mall. There are a lot of htgher traffic
also that could to put on the site and they have tried .
to be cooperative.
Chair declared public hearing Closed.
DISCUSSION AND DECISION: Ms. Brock stated that Pap
]aye WI 11 have some of the advantages of slbckbustef
video in that the signs on the side of their buildings
Can be seen from miles away and are easily
idantifiablt. A large pylon sign will not be necessary. '
Me. !ngelbretht said that a ag fact sign detracts from
the purpose of putting landscaping and would
deteriorate from the appearanCe of Dal J9etmto plasm.
Mr. 4olt said that this develepment to different from
Target because people ace living close by. The
situatlon exists where theft is residential mooing on
one side and non-residential coning on the other. it
cahn0t be Changed and both are legal. Any auch
ai r_at10n Sa a problem. Anyone knew or should have
known that the area wax going to be Commercial. me
sail that he knew for years. Some who bought there
btfoce 1961 may not have known but anytime you have a
malor highway tbtre will be commercial aces along lt.
A costaurant is possible at this site and that would
also present a problem. It could also be a bowling
alley or theater. Anything that will generate traffic
is going to be a problem. If Pop sole does cot go in,
it could be Something worse. At. Molt added that he
personally would have chahgtd the vhole area to lover
the Intensity but it has born Inherited this way. Pep
goys Kam made changes. The first proposal was
unaCCaptable. It said that Mr. Aoyct Waddle hit it an r
the head whin he said garage. A restaurant would be
worse but this use to objectionable because it is a
garage. Pep sayi has tried to find ways to reduce the
hoist. All would agree that they don't want something
in there but something will go to and this is designed r
as well as possible. Theta to also a real point about r
the t." isvllle ,mail coming in and detracting from
Denton businessol. Be said kba't hoc to mot 6 tan of
malls but is not ■'fsn of malls witk.vioaaetes either.
Theta people patehssed the property knowing lbat-tboy
could put 46141thlng there and something will go in, 16
said that with reluctance he moves to reeosesed
approval with the stipulation or 104000andatioa that
the trees be evergreen.
MS. stock asked whether no 9180 Meant to iaelude the ,
staff recommendations about lighting mad sersening.
Mr. Bolt said Yes.
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Ms. aiker seconded the Notion.
that she wants to add a condition about
Ms. Black said
eliminating parking and adding a center strips slang
the private road but is not sues it is aecesssry• =hay !
Could work with staff to Make the toga a workable a
tvo-way Streit.
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Mt. Bobbins as id that he would peal or that she add a
condition.
As. Carson said that there is coma evidence that the
coed is a tics lane. It could be marked as such and
tickets issued tot parking.
Ms. Brock moved to amend the motion with the condition
that the private acCems road be designated as a fite 1
lane to eliminate parking. Seconded by Mr. Bolt add
inanlmausly caetied I4-01.
sill let Lowry/ 1500 Angelina rind, asked if the twenty
percent rule applies.
Ms. carton stated that it applies to city council
actions and that not enough notlcas have been received
31 this time.
Mt. engelbtacht moved to amend the aotiom with the
condition that a detached. sign be non-illuminated and
no higher or greater in square footage then the fan
Jacinto Plata sign. Seconded by Ns. Brock. Ca_
Mr. Holt said that tna Pc0poaad amendment i■ stiffor
than requirements. A large sign could not be
illuminated and ones that are under 10 feet Can be. it
it is. under 10 feet it nnds to be ■nd that would be
acceptable anywhere else in town.
Motion tailed due to a tie rate. As. Riker, Me.
M3mman, and He. Holt voted no.
Ms. cation laid that the current San Jacinto Plata sign
is 15 feet high with 150 squall feet.
Mr. rngelbtaeht mild that the sign should be in trooping ;
with San Jacinto as opposed to a 40 foot '
ncn-illuminated sign. f
mr. Meloro said that they do not want a 40 foot sign. i.
Motion catrled unanimously (i-11). f
r
Mr. Ramman agreed tbaa the big problem is that the +
proposed use is a garage which inspftes visions 09
tires, bottptiaal and ndiee. pep says has tried to 1
solve thla' 'pcoblaxs. ' 'fit"slit that he would prefer +
that the business Closed at silt p.m.'
Me. Stock said that it is open-antit miM.
Mr. Glasscock said that he has bled to a few Pep sot's
center$ and it appears that they run a first aloes
operation.,
Motion was called and carried unanimously If-OP.
:.alt. salt and He. Riker left the meeting. 1
D. Bold a puhlta he wing aad consider the petition of
Burke engineering requesting approval of a toplat of
Lot 1, Bloch f of the W. W. Wright Ruledl4viatos,
Ms. Brack stated that the petition had been withdrawn
from the agenda.
il. const4te mating a tecommendatiod for approval of the
preliminary plat of the lad Runner lobdivlei0a, Lot 17
iloCk A.
6-10
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ATTACHMENT 7
2S 11 ,,\!ct(inney ,tu•nur '
Suite 2117
Wrightson, Johnson Haddon. Williams, Inc. Dallas. Tt%us7$20J
r4 x7l.wvx4
~ui .
Consultants in .ltourtirs, Noise Cornrol, S i1ro, Sound m+CRudio I isual S n
u F'AX 214 W.016-1
i
December 10, 1990
Mr. George Weatherall
Cencor Realty Services
3102 Maple Avenue
Suite 500
Dallas, TX 75201
Subject: Pep Boys Store, Denton, TX
Community Noise Assessment CL
Dear George:
After discussing the potential problems raised by residents in the vicinity of the proposed Pep
Boys location, 1 visited both the proposed site and an existing Pep Boys facility on Trinity Mills
near 1-35 in Carrollton. I made measurements and tape recordings at locations representing the
property line situation at both sites, for comparison purposes.
My conclusion Is that noise from shop activities at the Pep Boys in Denton is likely to be
virtually Inaudible at the residences In question.
As a result, we do not recommend that any changes be made to the building design in an
unnecessary -effort to help control noise.
1 listened, measured, and tape recorded at the Trinity Mills store in 2 locations: about 35 feet
behind the back or south wall, near one sideline extended, and in a large, empty field to the
immediate west of the store, about 165 feet west and 15 feet south of the southwest corner of
the store. This second site was chosen because it coincides with the same relative location at
which the recording was made at the Denton site, and because it is off to the side, relative to
the service bays, so as to be in as good a position to hear shop noise as possible ,nd still be on
the simulated property line.
The Trinity Mills location was recorded on Friday, December 7, 19901 during the noon hour.
All service bays were occupied; their doors were open, and shop activities (tire removal, use of
impact wrenches, dropping of tools and hub caps, welding, etc.) were observed to be =using
on a regular and frequent basis. The wind was out of the north at 9-10 knots gusting to about
12t a situation which tends to represent a worst case situation because it helps to direct shop
noise back around toward the rear of the building.
TN.- measurements were made using an Me 112-30 precision real-time analyzer, (This analyzer
is a sound meter, which measures the volume or energy of sound at a number of different
frequencies and displays the result as decibels {loudness energy} versus frequency using an
LED display. Various digital displays supplement the primary LED display.) The analyzer
was used as a pre-amp to food its microphone signal to a Marantz, PMD4220 cassette tape
recorder. Care was taken to calibrate the microphone before and after each recording session.
7-1
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Wrightson, Johnson, Haddon 3 Williams, Inc.
1 Mr. George Weatherall 1
` .2- December 10, 1990
I observed that, under the wind and traffic conditions at the Trinity Mills stare that day, shop
noise was not audible at any point along the rear of the store, and did not become audible until
approaching the front comer of the store. Since no service operations were taidng place outside
the shop bays. I conclude that the building's side and interior wails essentially stop noise from
getting through them to the outside, and that the noise is radiated or reflected out the open front j
and somewhat to the side, but not toward the rear of the store, If this situation ho dl s at the
Denton site (which it should, given the orientation of the building and the shop
noise would range from very faint to inaudible at the PrOPerty line along the rear o southea t
of the property. Note agam that the service bas were full, si
Probably be desirable in all but the most inclement weather, forrboth a utio hick will
comfort, and convenience of the service Personnel. maximum v
PBasedposedro on 8thefooset ob hisghervaconctionrets.eI walla judge that the facility will be a very quiet neighbor. With the c
long the rear property line, the residences should be well
protected from sounds of normal auto traffic coming rn to park and patronize the retail store.
As now, sounds from I•015 will continue to dominate the ambient sound level* in the
neighborhood,
' i
Sincerely,
WJHW, Inc.
I~ r
Jim Johnson
Principal -
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shop masonry walls
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Section cut through building neighborhood to the rear
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E---V9esldences beyond waN4
JRetai, fng wall drive
Service bays facing 1-35
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REP BOYS DENTON, TEXAS r
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TICHNICdL bi MORANAUM i
To: Georle Weathers!!
Froux Kimsey-Horn ud Associates, lat. -Dallas, Teter
Subject: Noise Study - Pep Boys Site in Name, Tetras V {
' . Date.. October 18, 1918 1
i Parntant to your request, Kimley-Horo end Amciam, ltta conducted a Limited gain stod0olads`
to the proposed Pep loys development site in Dolton. Tease. The site from* sloe 4t 731 '
and is tsasted between the Mervyn's depertatent store wwet of do 0oldes Trianpie a a Alto
Nursery. The purpose of this study was to detettaise the Wtely OWN i qmm at the I opaed Top s
Boys site Lad the appeopriareom of s sound bardm wall with adjeeeat trees at SUISAIke tbeee
In ccerductia this study, selected etoise levN egdinp wen tekea sf recce looatioet durhsR the 4 'I
Afternoon and early avea0 soars of a weekday. Theo than We tion were tie PC" God Dees" ; r
Pep Boys site and etAe # As; soya ioadom in Plus Led. Oarinsd. The prbb4 d sofa 169eratore
were identified, And ooin levels, both peak teed smbiems, w rare raeetded. The pobra w1m*4 tie 6OW
readlop wove tehem were choua to Lpprottim" tM bouW4 of the proposed mused basher well {
ad)aast to the rmkmehd te" a of ohs she.
The fowawir4 table smmmulmN tie main kwala that wen found u sorb ales.
Nei" Leal sm mery
Detslea *avow) ~ 5742
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At the proposed Deacon site. noise levels were dominated by the freeway located directly to the west.
Peaks occurred when large trucks had to negotiate the significant grade at that point on 1-35E. The
existing Garland site is also adjacent to a freeway. interstate 633 In Garland U much I sister than I-
` 35E at the proposed location, and it drives up the ambient noise levels. Peaks at the Garland location
occurred during the operation of shop equipment. The existing Piano location is not located rear a
00 freeway and coomquently in ambient noise level was lower than the Ouland site. Pat noise levels
in Piano also occurred dutiag the operation of the two equipment.
Figure 1 illustrates the mechanics of sound emissions sad the effect of noise barriers. It also shows
how the ditforeocs in elevation between a predominate colic source and she noise reset rer scan -elate
i to the effectiveness of a noise barrier. The placement and design of now barriers a arse take into
account both the behavior of the generated sound and the source that the barrier will actually' help
in attenuating. While the actual amount of noise that an be expected to be mitigated is highly
dependent on the pump location, a USDOT-FHWA mrawi, Tundameatab and Abatement of
Highway Traffic Noise', shows that drops of u 9149-An- be ashiwed by a properly itutaile,i and
designed noise barrier wall. No specific fr tress, but it can be warned that white
they would have a dampeniag effect, it would be somewhat lea than die 0ttt1110ee0 wait due to
specific effects of wind, temperature, and ground refieadisa.
Several specific measures an recommended to aid to mid atiste the noise imoeaes from the 0roposed ?
site. The proposed sound barrier wsl! wad trees along the an ciao ;Mould blr efreernw at
reducing the soles to a man acceptable level for the residential hraesd~resdtr eve of t>RSite. rhea
comblaW with the son" duapeaiag of tome able lgtsipasaR The reeWeetial areal' tk Of the
previously mentioned tracts is a greater diem" Irom the soles preroaers, Ud do gre shAUW
require Was extensive alldpilot measures. Ths eurrent Visa to pmt treat Is the w Mil ea rise east
side of the puking let should Improve the notes levels N a degree fee the aces no directly proleeted
by this wall. The connotation of the expansion of tLe Mervya's de0utraeat does at'1 state data
A , should serve to utesuate males direead oat of." shoo bays towtsrd taa i sWt tW tracks to the
F southetut to a degree. It should be noted that W height utd type of the to be wed N sash [action
is dependent on the topography and degra of noise smovadea repaired u trek lecr im
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EFFECT OF NOISE BAAAIEAS
EFFECT air FREEWAY AJVATfON
ON NOISS PArMAN*
c ~ ~IOW~ 1
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r ATTACHMENT 8 `
1
P&Z Minutes
November 28, 1990 1
Fag* 5
Petitioner: T. Kirk May stated that he is one of two owners.
They worked with staff to determine a design which is low
density. Close to 404 is open area. The hike and bike trails
are extensive and encourage pedestrian access. They have
tried to keep within the neighborhood aspect with traffic to
a low point. They have no problem with the staff conditions
but is not sure of the time table for developments
I
pleased to see tho n favor: Sam Marino stated that he owns 12 acres and is ` J
alignment is dangerous. ~e He in the said r that the plan looThe current
ks better
than he had anticipated.
Opposed: none present.
Recommendation: No. Feshari said that staff rscommend&
approval with conditions as noted in the staff reports She
asked if the Commission would like to see the corrected siti
plan prior to submission to the City Council.
No. Brock said that the Commission would be satisfied if the r
changes are made prior to the hearing by City Council. she
closed the public hearing.
Decision: Mr. Kamman said that he is concerned about traffic
from TI.
Ms.* Brock said
If the road wore thinks
improvement.
left in realignment will
pprssent condition,,
another signal light on Highway 77 would be necessary.
Mr. Glasscock moved to recommend approval of Z-90-010 with
conditions as listed by staff. seconded by Mr. Appleton and
unanimously carried (5-0).
V. 2-90-009 Hold a public hearing to consider a detailed plan
and development standards for a part of Planned Development 6
on 1.73 acres of land located near the intersection of I-352
and nallas Drive next to Wolfe's Nursery. Proposed uses are
an automobile service garage, offices, and retail stores over
4,000 square feet in size.
Twenty percent or more of the reply forms sent to property
owners within 200 feet of the site were returned in opposition
to the petition.
Staff Repoitt Mr. Robbins presented the staff report
(attached). He added that staff is suggesting that the City
become a petitioner for uses at the site.
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P&2 Minutes
November 28, 1990 j
Page 6 1
Ms. Brock asked if notice was given of staff's proposed uses. y
Mr. Robbins read the notice. Office uses were not included.
Mr. Morris instructed the Commission to proceed with the case.
He said that he would examine the notice and if necessary,
another public hearing could be held for office uses.
Petitioners George Weatherall of Golden Triangle Joint
Venture, noted that his company has owned property around the
mall since 1979. The present petition and site plan is the
same one that the commission approved of in the past. The
site plan evolved after several meetings with the neighbors
and staff. Pep Boys agreed to turn the building around and to
build a wall to mitigate noise. There will be trees in front
of the wall. They agreed not to perform muffler repair which
is unusual. They deleted an access drive so there is no
access to the back of the building. Loading will be in the
front, as will the dumpsters. They have made significant
alterations with the neighborhoods needs in mind. Pep Boys 7
has agreed to drop to nine service bays and to provide
additional landscaping. The building would be 20,000 odd
feet. The landscaped area will be over 11,200 square feet. t
He continued that the property was toned in 1969 for mixed
uses. The specific sits in question here was for commercial
and retail uses. It would have been easy for anyone in
Township 11 to check the records of what was planned. A left
turn lane has been provided on Dallas Drive as well as jiggle
bars that block a lane to help with the traffic problems at
this location. Traffic accidents have been decreased $04.
Retail sales in Denton are down, partially because of the new
Vista Ridge mall which is 87% leased. It is expanding and has
average sales of $300 per square foot. That is very high and
it is pulling business from Denton. Path phases of Southridge
have gone back to the lenders. Property owners and developers
have been adversely impacted. Pep Boys is a good opportunity
to obtain a national retailer and will provide 30 jobs and a
two million dollar tax base for Denton. The economy is going
to get tougher. Lewisville is strong competition. Pep Sot's
had to be begged before they would agree to come to Denton if
the site
appconcluded that roved this plain betor commission
nsider that they have He
should co
it is good for Denton to get national retailers, and that Pop
Boys has agreed to further modifications for the homeowners.
Mr. Engelbrecht arrived at the meeting.
Ms. Brock asked his reaction to the staff's proposed
alternative.
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P&z Minutes
November 28, 1990
Page 7 i
Mr. Weatherall replied that they want to work with the staff
but they are here for consideration of the site plan. He has
not had a chance to consider the impact of the additional uses
proposed by staff.
In favor= Al Meloro, National Director of Site Development
for Pep Boys, stated that he is here at the invitation of
Golden Triangle Joint Venture. They met with homeowners three
or four times to discuss the site plan, landscaping, noise, ;
and traffic. They have a new building design which will allow
more landscaping, falls within square footage requirements and
environmental codes. Pep Boys has 300 stores open. A lot of
them abut residences and churches. Service bays even face a
church. They had meetings with that church and discussed how
the church would be effected by them. They told the church to
call them if there were any problems. They have not been
called. I-35 produces more noise than their store will. They 1
want to :pork with people. Another one of their stores is 1
adjacent to a kindergarten and there have been no proble"4
They are asking for nine service bays. Less than that will
i not allow them a successful business. Each bay has a specific
use. Pep Boys is on the New York Stock Exchange. They will t
improve Denton's economy. Their sign would not be bigger than
15 feet high. The building would be grey with red letters on
it. It is a new design.
Ms. Brock commented that the City has received a grant from
the State for beautification purposes. Dallas Drive is being
considered for that project. Wolfe's Nursery has a muted sign
and colors but it is very visible. She saw a Pep Boys in
Austin that and bright colors and banners which was too
garish. She asked why the proposed site is so desirable.
Mr. Meloro replied that they looked at other sites in Denton.
Their criteria were visibility, access, traffic count, and
population. They chose the proposed site and have not seen
anything also that would do. It is important for them to have
a location that can be seen by drivers and that their sign be I
legible. If a driver has to look away from the road to read
a sign it could be hazardous.
Ms. Brock wondered if Pep Boys would actually bring new
business to Denton or if it would just get a share of the
business that is already here.
Mr. Meloro answered that no other retailers sell and do
services like Pep Boys and that they offer services and
variety. They are proud of that.
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Ms. Brock asked why the other sites were not suitable.
Mr. Meloro said that they did not have enough visibility,
proper traffic counts, and they like to be by other retailers.
Mr. Appleton asked if they would be willing to close the
service bays at 7 p.m.
Mr. Meloro said that a lot of people work during the day and
the evening is when they need to get work done. Closing early
would restrict service.
Ms. Morgan asked how long a grand opening would last.
Mr. Meloro said that they last Wednesday through Sunday.
Mr. Engelbracht asked when the store would close.
Mr. Meloro said nine o'clock with the last person leaving 1
about 9:30.
Mr. Engelbrecht asked about the effect of outside lights on
the neighbors.
Mr. Meloro said that he would do whatever the property owners
want in regard to the positioning of outside lights. They
will change the lighting or shield it to accommodate other
property owners. Their compressor is inside their building.
They, have also designed a system where car lifts can be
operated without making noise. They are willing to put
insulating panels on the ceiling to absorb noise. The highway
will make more noise than the bays. They have made many
concessions to the neighbors and really want to work with
them.
Tom Orendain, architect for the project explained the slope of
the retaining wall to the Commission. He said that it will
not block the view of the nursery and that additional
landscaping for the site is intended.
Opposed: Hal Williamson, 1212 Rio Grande, stated that he is
president of the Homeowners Association which has been given
bad public relations by the City and County. He said that
they would love to have Pep boys in Denton at a proper
location. The board members of his association ranvased and
polled the local homeowners. They found that the majority of
them were against Pep Boys at the proposed location. The
closest to the site felt the strop,;est, those further away
were less concerned. Noise and con notion are a big problem.
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Pep goys is open late and on Sundays. Pep Boys tried to
placate the neighbors and some improvements were agreed upon,
this jusnot the t right
The location. down this
to in
but said t no this
same zoning case a year ago. If the case is not rejected
because of noise, then it should be because of traffic.
asked pointed the property
Mr. 1969. He Engelbracht
reaction to was s fast zoned ood
restaurant.
Mr. Williamson replied that it would probably be better than
a service garage. It would not be as noisy.
Mr. Engelbrecht asked his opinion of a drive-through bank
which would have a lot of traffic.
Mr. Williamson said that Pep Boys will have 600 customers Qi~r
day. alreadyher Applications forccidents
any use at this location must be
examined one at a time.
Mr. Engelbrecht commented that the zoning was in place when
people in the area bought their homes. since it is along the
interstate, they must have realized that something commercial
would develop along the property.
Joe highway but 1107 Greenlee, stated
access road a He wishes
backyard fronts on that
the Commission would side with the homeowners; however, the
issue is not one of homeowners against business. It is one of
business against business. Pep Boys will not bring new jobs
or business to Denton. It will take business and jobs away
from the existing small garages and move it to the cluttered
area along hmeowners Pop Boys will
don't want bring nothing Dodd now roged n
and the the
commission to vote against the petition.
Mark Flesqe said that he lives three lots down from the
p:,:iposed site. He is worried about reflection from lights.
The proposed wall will not be adequate screening. more noise
in the area is inappropriate. The neighbors do realize that
the property will develop. Businesses such as the existing
ones are non-invasive. Traffic in this area is very bad.
Fvery 60 days there is an accident there. The creek on
Angelina Bend already has a drainage problem. There are nine
Peps Boys within will one-half do. Pop Boys willl put a them already
what of
business. He added that if Pep Boys is permitted, he would
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Page 10
like to see the screening wall continued along be:lind all of
the businesses on the access road.
Billy Harkins, 1405 Sandy Creek, said that she liven in the
middle of Township Ii. She feels safe but would like to
protect her neighbors. The problem is that traffic turning
left into Wolfe's Nursery backs up. There is also a problem
with drainage on Angelina Bend. Pep Boys may be worth two
million, but the homes in Townshi
I~ Mr. W p II are worth iG million.
eatherall is a poor property manager. He does not seek
h to lease the property to retailers, she said that when she
bought her home, she understood that the property would be
developed as a retail business. Also, the Per Boys building
will be ugly to see coming into Denton and she has heard that
San Gabriel will have to be opened up to handle their extra
traffic.
Frank Masses, 1404 Sandy Creek, said that he has lived there
for 10 years. He knew that the mall would be developed but
did not realize there would be such a traffic problem. Tks
II issue is not one of land use. The area simply cannot handle
the existing traffic and those problems must be corrected
h p
rior to any further development. The only access is through
Wol
h 9. Recen 508f ~ because oftsome changes is accid traffic been
cause reduced that
rate to go back up. The question is not which business but
one of traffic which effects all residents of Township II.
E. H. Timmons stated that he built his house on Piping Rock in
1970 to get out of town. The town caught up with him pretty ickl the loy. There is already noise speakers at the Lin oln-Mpollution ualfrom erships
Hand from
e asked
I~ that the commission base their decision on whether they would
like to live behind Pep Boys.
Don Leander, 1517 Angelina Drive has consistently had d o automobiilaccidents.ndHe Dallas
them every three months. He was nearly kAlled in 1982 and it
moos
makes his whence when he sees these accidents. Richardson has
had to widen their service roads and that should be done in
this location. It should become a divided, two-way service
road. Nothing also has been done to provide better access to
the mall. Also, there is a large greenbelt tract at the and
on Angelina Bend which is vacant and in the flood aria. The
property between Provident Bank and Brunswick is also
floc in the
d la
City didn't want tondo anythinghaboutpit y it ouldi be nice the
have a park there.
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Steve Prat, 1504 Sandy Creek, asked about the noise level and
what kind of increase there would be from the service garage.
He said that when he bought his home, the realtor said that
the site in question would be a continuation of the mall
retail uses.
Mr. Robbins stated that staff is recommending a standard of no
more than 68 decibels, but is not requiring that it be that
much. The petitioner indicated the wall would reduce noise by
10 decibels. The existing noise level is 57 decibel level.
It peaks at 68.
Mr. Salmon reported that in 1988 there were 34 accidents in
the area, 27 in 1989, and 19 in 1990. The reduction is due to i C":
the buffing and striping that was done In May of 1989. That
has cut the traffic accidents in half. Those improvements
were made as a result of a traffic study. The City has been A
petitioning the State to improve the intersection for many
years. We have even done preliminary designs. The State has
not had the financial ability and will probably not do
anything about the situation for the noxt 5-10 years. On
question, he added that the petitioner paid for the traffic 1
i shady. He said that he does not exactly know what the study
looked at, but an extensive system of ramps and underpasses
would be necessary at this site. The state requires a certain
length between on and off ramps.
Mr. Appleton asked how much additional traffic there would be f
and how it would route.
Mr. Salmon said that he is not entirely familiar with the
study but 600 is an accurate number. He does not know how
that will route. The intersection of the service road and
Dallas Drive was specifically studied based on the number of
lanes at the intersection, the angle and lane width. Even
with Pep Boys, the intersection will still function at a
certain level that can handle that amount of traffic.
Mr Appleton asked if there is anything the City can do while
waiting on the State.
Mr. Salmon said that they cenld consider erecting signs to let
people know that they can tu..*n at Teasley and Willow springs
to get access to T-35 or Loop 288.
Ms. Brock said that the signaga is a good idea.
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Recommendation: Mr. Robbins stated that staff is recommending
denial of the petition as submitted and is suggesting that the
Commission make a recommendation to the City Council as
outlined in the staff report.
Mr. Engelbrecht asked how six bays was chosen.
Mr. Robbins said that it came from a conversation in which he
was informed that Pep Boys could accept a limitation of six
bays.
Mr. Appleton asked how the noise level could be measured.
Mr. Robbins said that the City could acquire equipment for
measuring noise at a cost of about $500.
Mr. Engelbrecht asked if there will be landscaping between thi
service road and the on-site road.
Mr. Robbins said yes.
Ms. Morgan asked about the noise dampening devices.
Mr. Robbins said he was referring to in-building noise
dampening referred to in the noise study. Wall and ceiling
panels, ceiling baffling are the kinds of things that can help
absorb noise.
Ms. Morgan stated that if the noise could be dampened enough
with noise control objects, the standard for operational hours
would not be needed.
Mr. Robbins agreed, but that no material had been presented as
to the effects of those kinds of noise dampening. Instead
staff proposed a decibel limit standard. Mr. Robbins asked if
P&Z would be interested in hearing from the applicants and
their architect about the specific material that would be used
and their effects or other detail and add that as a condition
or standard. J
Ms. Morgan asked if the noise dampening methods could be used
instead of the hours of operation standard.
Mr. Meloro explained that underground exhaust systems for car
lifts are standard in all pep Boys. The compressor is located
in an enclosed room. Panels on the ceiling, 4-6 feat long, 2
feet high, 7-4 inches wide, would be made of a fiberglass
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Page 13 i
material which absorbs sound so it does not ricochet. All of
these features would greatly reduce the amount of noise
emitted from the bays.
Mr. Robbins said that an acoustics expert could design the
building so that there would not be more than 68 decibel
coming from the building. Studies have indicated that the
screening wall will reduce noise by 10 decibels.
! Mr. Orandain noted that acoustical studies are done all the 1
time and that there are many qualified firms to do this.
Ms. Brock said that she is concerned about the City gettinq
into such a technical area it this stage of the game.
Ms. Brock noted the highway noise is different than that from
a work site.
Mr. Appleton suggested that if the intent was to mitigate Pep
Boys noise, that a study be done before Pop Boys and after Pep
Boys and that the before noise level be maintained.
Mr. Robbins noted that the study had been done, as shown on
page 6-71 by Kimbley-Horn.
I
Ms. Brock suggested that at some point, the staff
recommendation portion should cease and the applicants be
giden a chance to rebut.
Mr. Engelbrscht asked about the 20 percent rule and to explain
the rule.
Mr. Robbins said the State law prescribes that if there is a
land owner protest on 201 of the land within 200' of the case
than a three-fourths vtots by the Council is required for
approval. That means that six of the Council members would
E have to vote in favor of the petition, state law makes it
difficult for any governing body to approve a case in that
situation.
Rebuttals Mr. Weathsrall urged the Commission to look at the
I~. facts. The uses wore already established for this tract. Pep
Boys complies with those uses and was unanirously approved by J
the Commission last year. Pop Boys has agreed to even more
improvements and has really worked with staff. They want to
coma to Denton and be good neighbors.
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Page 14
chair closed the public hearing.
Ms. Brock moved to follow the alternative petition outlined in
the staff report on pages 5 through 7.
i
Mr. Morris suggested that the Commission vote first on the
original petition.
Ms. Brock withdrew her motion. She moved to deny the petition
by Golden Triangle Joint Venture as presented based on the
staff recommendation and the neighborhood opposition. The
commission cannot rely on what was done in the past. She was
not present at that meeting and there has been another change
in the membership of the Commission. The commission is voting
on the petition being presented tonight. Motion was seconded
by Mr. Appleton and carried unanimously (6-0).
Ms. Brock moved to follow the alternative petition outlined ih
the staff report on pages 5 through 7. Seconded by Me.
Glasscock. He than moved to amend the motion to allow the
construction of nine garage bays instead of six. Amendment
was seconded by Mr. Appleton. Pr. Appleton said that the
issue is noise and the number of bevs is irrelevant if the
noise can be kept to an acceptable decibel level.
Vote on amendment carried (4-2) with Ms. Brock and Mr. Kaman
voting no.
Ms. Morgan expressed concern on setting a closing time before
an acoustic enginser could determine whether the noise
dampening materials will be effective. She said that the
business should have competitive hours. She moved to amend
the motion to allow the business to stay open until GOO p.m.
Amendment was seconded by Mr. Glasscock.
Mr. Kamman commented that if the Commission allows the
business to stay open later hours, they are defeating the
purpose of voting down the original petition. The major
difference was in the number of bays and the operational
hours.
Ms. Brock noted that there are also additional uses permitted
in the alternative.
Mr. Engelbrecht said that the motion is still a reduction of
normal hours for the business.
Vote on second amendment failed due to a tie vote with Mr.
Glasscock, Ms. Morgan, and Mr. Engelbrecht voting in favors
Ms. Brock, Mr. Kamman, and Mr. Appleton voted no.
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November 280 1990
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Mr. Engelbrecht moved to amend the motion by striking .
condition number six which would not allow Pep boys to operate
on the weekends. He said that if the panels can abate the
noise, then the neighborhood would be protected. There are
people who do not have a chance to gat automotive service
during weekdays. Amendment was seconded Las Ms. Morgan.
Ms. Brock said that she would be more moved by that argument !
if there were not other automotive businesses open on weekends
that do not abut residential districts.
Vote on third amendment failed due to a tie vote with Mr.
Glasscock, Ms. Morgan, and Mr. Engelbrecht voting in favors
Ms, Brock, Mr. Kamman, and Mr. Appleton voted no.
Mr. Appleton expressed concern that a peak decibel level of 68
would not be an effective control.
Mr. Robbins said that to determine an average noise level
would require monitoring the business all day. The idea of
having a peak is that the noise would only have to be heard
once.
Mr. Morris reminded the commission that they are responsible 1
for zoning. If the noise is a constant problem, then the land
use will have to be justified. If the noise levels exceeds
what you set as the standard, what can be done about it. How
would they rectify a constant noise problem after the use is
approved? Is there one thing that can be changed or will the
whole business have to be shut down?
Mr. Robbins said that there are performance standards for
measuring noise in the zoning ordinance. when the standard is
violated, a citation can be issued.
The Commission discussed the noise problem.
Mr. Engelbrecht stated that if there is a standard for noise,
then ha does not see the value of having standards for
operational hours.
Ms. Brock said that there are some noises that are acceptable
in the daytime that would not be at night. 1
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Vote on original motion carried (4-2) with Ms. Morgan and Mr.
Kamman in opposition.
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ATTACHMENT }2 TO MINUTES
STAFF REPORT
To: Planning and Zoning
Case No.: Z-90-009 Meeting Date: November 28, 1990 i
GENERAL INFORMATION
Applicant: Golden Triangle Joint Venture
c/o George Weatherall
2001 Bryan Tower, Suite 2965
Dallas, TX 7S201
and City of Denton, TX
Status of Applicant: Owner
Requested Action: Consider a detailed plan for, a
portion of Planned Development-6. '
The land use proposed is an
automobile
reSe retail center, stores and shops
parts sto
and offices. ,
Location and Size: A 1.727 acre tract located in San
Jacinto Plata on the I.55 service
road adjecent to Wolfe's Nursery
Surrounding Zoning and North - PD-6, Single family
Land Use: residential
South - 1.35
East PD•61 San Jacinto Plaza
Shoppping Center, retail
West PD-911 Wolfes Nursery
I
Denton Development Plan: Low intensity area
SPECIAL I111FORIOATION
1
Transportation:
The property has access to the I-35 service road. In an
effort to improve traffic circulation and safety, the
road. Stacking would has bn eliminate provided at access entrance h and service
oadl exit
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Page Two
SPECIAL INFORMATION 0...ntinued)
points. The SDHPT has modified the exit ramp from I-3S to
Dallas Drive by narrowing the entrance on to Dallas Drive to
one lane on the left, and has channelized the exit off the
frontage where it intersects with Dallas Drive and the exit
ramp.
Utilities:
Existing utilities are adequate for this use. A 16' utility
easement is located along the north property line.
Drainage:
Drainage will be routed to the access easement or east
toward Mervyn's parking lot.
The property is platted.
HISTORY
The property was zoned planned development in 1969 by
Ordinance 169.SS (see attachment 4). Planned Development 6
includes residential multi-family, cluster housing, retail, and r
office land uses. Several P06 amendments have been approved.
Site plans for office and retail uses have been approved.
No ordinance has been passed amending Ordinance 169-3S for this
site (see number 6 on page 4.3). This application would amend
the plan adopted in 1969. Additionally, Article 11, Planned
Developments, of Denton's existing general zoning ordinance
requires a Detail Plan be submitted if a previously approved
Planned Development does not have a Detail Plan approved in
accordance with the current procedural and Informational
standards, prior to development of an undeveloped tract.
Accordingly, applicants have made this submission.
Several site plans were submitted between September, 1988 and
January, 1989, but not acted upon by Council, due to requested
posconemenLI-.by,applicants in order to amend the Detail Plan.
The Retail Plan on the Council's agendas of December 1$, 1988,
and January 17, 1989, at which the applicant requested
postponement, had been recommended for denial by the Planning
and Zoning Commission.
A new detail plan was subnitted and considered by Planning and
Zonin~ on May 10, 1989. The Commission recommended approval of
that etail Plan. Since Planning and Zoning's publie.hearing
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Page Three
HISTORY (continued)
and consideration on May 10, 1989, landowner written protests
for more than 201 of the land within 200 feet Of this petitioned
area were received; thus, requiring o
six Council votes Pe
approve. Applicants again requested postponement at the
Council's meeting of July 11, 1989- Council again postponed.
The same Detail Plan on the Council's July 11, was
considered by Council 1989 agenda
on September S, 1989. That Detail Plan
was attorneysdsoughtareconsideratEonebyetherCity Council. Attached
to the letter was a petition to the U. r
Golden Triangle Joint Venture and Pep BOYS iSuing ttheuCityyof
Denton and Jim Mattox- Council did not reconsider the toning
petition.
A building permit application was made by applicant's architect
on September 12, 1989. In a two page letter of questions and
comments by Denton's Chief Building Official, the building
permit was denied in part because a Detail P13n for the site had
not been approved. Applicant subsequently filed suit in Federal
Court. Pep Boys has withdrawn from the suit, but the suit
Council onlSeptembertS,/e1989,10wasmfiledaon Novemberi9, 1990.
ANALYSIS 1
The pioperty is located in a low intensity area according to the
Denton Develo went Plan. A disproportionate share of intensity
was allocate y approval of the original plan for the planned
development, and a disproportionate share of intensity is
requested with this Detailed Plan. site Is desed for
office/retail, and a very small are&Tofsmulti-familyiuseton the
Planned Development pIanpp. dopted by Ordinance 169.35. ordi Ordinanced169a3StandeArticlee11, AppendixcB,iZoningiofdthe Code
of Ordinances as amended and effective on May 20, 1986. This
Detailed Plan contains all information required by Article 11 of
PrreservatioUb fgihenCitypofdDentonLCodecoEiOrrdinances.
The most significant Denton Development Plan policy issue is
n
eighborhood ppreservation. During the numerous neighborhood
mes
identifiedand ublic . Followingaaregthosesissuessandetheiapplicanto's
response to those issues.
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Page Four
ANALYSIS (continued)
Traffic
The proposal shows the elimination of an access point to the
I-3S Service Road and landscaping and screening along the 1.15
service road. The internal traffic circulation is designed so
that parking is located on the side of the building and alonS i
the frontage of the service road. No parking within the 24 loot
wide private access/fire lane will be allowed.
Landscaping/Screening
Landscaping is provided throughout the tract. The landscaping
and screening standards of the Landscape Tree Preservation
Ordinance are met or exceeded. Landscaped area is S,429 square
feet above the City code standards. Twenty-one (21) more trees
than City code standards are provided. The rear of the property
would be screened by an ei ht (8) foot tall precast concrete
wall and a row of twenty-e ght (28) Shumard Oak trees..
'r
Si na e
Sign standards are more strict than those of Article 17, Signs,
of Apppendix B, Zoning of the Code of Ordinance. The ground sign
will be no taller then 15 feet and no larier than ISO square
feet. The Article 17 standards are 40 feet tall and 2SO square 7
feet in effective area.
Location of Vehicle Repair Bay Doors and Noise r
During the public hearin with the Cosmission on the 1988
Detailed Plans, the Commission stated that an automotive repair
center could be disruptive to the adjacent neighborhood. The
previous design allowed access to the automotive repair bays on
the east side of the buildin In response to this concern,
applicants redesigned the building , showing the building
relocated with the bays facing I-3S. The east building face
will be obscured by a retaining will that is 9 feet on the west
end and to sring down to 2 feet at the driveway. Noise
generated ~rom tha automotive repair area should project toward
I-3S and away from the residential area. An e! ht foot tali
concrete wall and a row of trees will dampen no as between this
site and ex M inj homes. Two noise studies are attached.
RBCOMMEMDATION
1. Staff recommends denial of the Detail Plan and Development
Standards as submitted because:
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Page Five
RECOW ENDATiON (continued)
a. The'Detail Plan is the same as that rejected on
September S, 1989. (Attachment 6)
b. The applicant's Development Standards signage statement
calls for a sign 30 feet tall and is inconsistent with
the Detail Plan, which shows a 1S foot tall sign,
c. Detail on the eastern retaining wall showing heights of
the wall are missing on the Detail Plan.
d. The Development Standards list nine (9) service bays, GS.
but there appears to be ten (30) shown on the Detail
Plan.
e. Development Standards statement l2 is inaccurate. The
statement could read, "low Intensity area,
disproportionate share allocation made by Ordinance
069.3S and herein requested."
f. The Development Plan lists PE69 it should be PD6.
g. The square footage of uses on the Detail Plan do not
match those in the Development Standards. The building
area provided with the Development Standards shows an <
area of 20,573 square feet, 'the Detail Plan show a
building of 21,235 square feet,
h. Item 7d in the Development Standards should be filled in.
I. All items in 8 in the Development Standards should be
listed as N/A.
Development Standards statement #14 is not applicable.
k. Development Standards statement #1S concerning
landscaping is inconsistent with the Detail Plan notes.
The development standard says 7.374 sq.ft, of
landscaping; the Detail Plan says 120214.
1. Development Plan statement 018 is not applicable.
2. Staff re`comm®nds that the Planning and Zoning Commission on
its own motion make a proposal for changes to the official
toning map and standards appplicable in this tonin district
in accordance with Article 26, Apppendix 8, Code o
Ordinances by adding to and amendin this petition, Detail
Plan, and Development Standards as ollows:
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Page Six
RECOMMENDATION (continued)
Add the following retail uses not
feet Not to exceed 14,800 square
. e; with 74 parking spaces a shown on the Detail
Plan, a"TcTal of (74 x 200 square feet) 14,800 square feet
of retail could be accommodated.
Permitted Retail Uses; Antique shop, bakery or
con ect onery s up retail), customer personal service
shop, drapery, needlework or weaving shop, florist or
garden shop, greenhouse or plant nursery retail),
handicraft shop, household appliance service and repair;
mimeograph stationery, or letter shop• retail stores and
shops over 40009 square feet, studio for photographer,
andiaccessoryiautomobiletrepair~ parts sales (retail)
3, Add professional and administrative office uses not to
exceed 20,573 square feet,
4. Add the following conditions:
a. Onsite parking shall not exceed 74 spaces, Building and
land use square footage shall not exceed an area whereby r
more than 74 parking spaces shall ba required, The
number of parking spaces and building and land use area
shall be determined by using Article IS, Appendix B,
Code of Ordinances.
b. For auto parts sales and auto repair uses, add the
following conditions:
1) the building shall not exceed 20,573 square feet in
size;
2) shall have no more than six auto repair bays;
3) shall not install, repair or replace mufflers or
4) seat covers;
peak noise levels created by activity within this
development shall not exceed 68 decibels as measured
from any property line which abut a residential use;
S) all automobile service bay doors shall be closed
between 7 p.m. and 9 a.m., except for those periods
Q# time which are necessary to convey motor vehicles
to and from the enclosed service area;
6) No use of power driven tire or wheel repair,
replacement, or removal equipment shall be allowed
except Monday through Friday between 9 a.m. and
p ;
7) Nooutofnbuilding automobile repair testin,,
analyzing, or parts placement shall be allowed.
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Page Seven
RECOMMENDATION (continued)
c. The j
precast concrete screening wall shall be constructed
and determined by staff to be in compliance with the
approved Detail Plan and the City Code prior to issuance
of a building permit for construction of a building on
the subject site.
d. The Development Standards shall be consistent with the
approved Detail plan,
e. The retaining wall height detail shall be added to the
Detail Plan.
f. If automotive repair bays are not used for a permitted
use, they shall not be required to be constructed.
9. A building may be constructed within, but not outside,
the'building area shown on the approved Detail Plan,
h. The number of parking spaces say be decreased below 74!;
if parkinIIII is provided in accordance with Article is,
Appendix B, Code of Ordinances, r++
I. The sidewalk on the easter property line, next to the
retaining wall shall be five feet wide.
ALTERNATIVES
1. Recommend approval of the petition.
2. Recommend approval of the petition with conditions and/or
. additional or different design standards.
3. Recommend denial of the petition.
4. Postpone or table consideration.
ATTACWGNTS
1. Location Map
2, Detailed Plan
3, Developaerit Standards
4. Ordinance 169.3S
5. Minutes of Planning and Zoning Commission meeting of
mar lo, 1989
6, Noise studies
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1 3 O ATTACHMENT 9
City of Denton City Council Minutes
September S. 1999
Page 4
2. Public Hearings
A. The Council held a public hearing and considered i
adoption of an ordinance of the City of Denton, Texas,
providing for the approval of a planned development district
detailed plan for 1.727 acres of land located on the I-3S
service road, adjacent to Wolfe Nursery, and within Planned
Development 6 (P06); providing tot a penalty in the maximum
amount of $2000.00 for violation thereof; and providing tot an
effective date. (Planning and zoning commission recommended
approval.),
The Mayor opened the public hearing:
NOTE: THE FOLLOWING SECTION OF MINUTES IS VERBATIM FROM THE
TAPE RECORDING OF THE MEETING,
Al Meloro, National Director of site development foe Pep Boys:
I "Good evening. Mr. Mayor, ladies and gentlemen of the board.
my name is Al Meloro. I am National Director of.r."
Mayor Stephens: "How do you spell you last nano?"
h Al Meloro: "M - e - 1 - o - c - o. I an the National Director ,
of site Development for the Pep Boys. We ace hots before you r~
this evening for final site plan approval. I would like to a
just summarize our business. You probably know the Pep Boys
from the surrounding areas such as Dallas and Fact Worth. But
just to clarity some matters that this state will enployee 30
people from the mesa. We will only be selling automotive
parts, no used pacts, and service department. We will install
1 the Items that we sell. The trash and tires will be neatly
` kept. The area will be very well landscaped as you can see.
There is sato vehicular teat fie around there for the
pedestelans and ample packing. I do have a proffer and a
narrative copoct that I would like to submit to the board as to
exhibit. I will sign this and give this to the Board. This
basically states that out type of business and that we will be j
doing what we jay we are going to bo doing. We ace a $650
million corporation. We have been in business since 192^1, and
we are on tho New York Stock Exchange. No very carefully look
at locations, select them and then can* before cities, such as
yourselves, to a put our development in. The yobs that we ace
going to be creating will not be minimum wage jobs. They will
be the type of jobs that will be paying very good money.
Assistant Managers positions will be openeds sales people -
full time and pact time, cashiers - full time and part time.
And in the service department, there will be Assistant
Managers. technicians, and installers - full time and pact
timer so it tuns a full gamut. You have a full stray of
people. At any particular time in out busiest day, thote will
approximately i5 people working but because of the swing shifts
in our hours, theca will be a total of about 30 employees which
is which will be all new jobs toe the area."
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City of Denton city council minutes 12
September S. 1989
Page 3
The Council received a report concerning the Animal
Shelter Advisory Committee.
Bill Angelo, Director of Community Services, stated that the
recent legislature passed House Bill 02379, Animal Shelter Act,
foe cities of less than 75,000 people The City of Denton was
already in compliance with the majority of the provisions of
this act. Three basic changes Would be (1) an annual
inspection of facilities by a licensed veterinarian; (2) sick
and injured animals must be housed separately from healthy
ones; and (3) establishment of an Animal Shelter Advisory
Committee foe the purpose of assisting City to comply with this c
act. Membership of this committee was specifically outlined in
the Act to include at least one licensed veterinarian, on, City
official, one person whose duties include daily operation of an
animal shelter; and one representative of an animal welfare
organization.
i
After some discussion, the consensus of the Council wait to
establish this committee with five (5) members (the fifth
member to be a citizen, not involved by occupation or
membership in any of the mandated categories or groups), two
(2) members shall be appointed to serve a tote expiring on June
30, 1990, and three (3) members shall be appointed to serve a
term to expire on June 30, 1991, to be determined by lot at the r
first meeting.
6. The council convened into Executive Session to discuss
legal matters (discussed in Ne: sloe, Denton Cgunty vs. City,
Ali Al_Khafafi vs. City and Strubls vs. eitv), teal estate, and
pscsonnol/board appointments (considered appointments to the
Board of Adjustments, Building Cols, Cable TV Advisory Used,
Citizens Traffic Safety Supjr;;t Commission, Electrical Code
Board, Human Beevicos Committee, Main Street Advisory
Committee, Animal Shelter Advisory Committee, and the North
Texas Higher Education Authority).
The Council then convened into Regular Session at 7:00 p.m. in
the Council Chambers.
PRESENT: Mayor Stephens; Mayor Pro Tom Ayer; Council
Maabees Alexander, Boyd, Gorton, Hopkins and
McAdams
ABSENT: None
1. Presentations of "Yard of the MOath• awards foe 111
September.
Postponed until the next meeting.
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131
City of Denton city council Minutes
September S. 1999
Page 5
"I have a rendering here of the building. This is what the
building will took like. And um it is a masonry building,
$test construction. The construction alone will be
approximately about $1 million tar the building not including
the land so its we ace not trying to Mickey Mouse anything or a
a cut any corners. You can see that it is a well planned type
of building. It is our prototype. This particular building is
used throughout the United States. As I said we come before
you this evening for our site plan approval. W* are vary happy
that the Planning Board recommended a with a unanimous vote and
we ask for your consideration this evening, and I thank you
very much."
Mayor Stephens: "Thank you, Me. Meloro. Any questions the r.
Council might have for Mr. Meloto? Thank you, sic? At the sh,
at the conclusion of the day's today's work day, a something
was brought to the attention of the legal staff and 1 thought I
would mention this while we ace waiting for the next person to
come down. And if you would please, just a moment, I think it
was about 4:45 today a new interpretation of how the 20% Rule
applies to this proposal was brought to our attention and I
thought at this time for the benefit of the audience I would
like for the City Attorney to address this issue just
momentarily concerning the 20% Rule and how it would apply to
this particular case based on the Attorney General's
interpretation. Miss City Attorney."
r
Debra Drayovitch, City Attorney: "Thank you, Mayor. Ah, as
you stated, late this afternoon, ah Council, or the applicant,
Pep Boys, did visit my office and brought to our attention and I
alleged problem with the calculations of property ownership and
abut...well how ...abutting ownership that would be nec*seety
under State law to invoke the requirement that the Council take
a or that the Council vote to approve this application by a 3/4
vote, What that means is they're saying that it does not take
a 3/4's vot*, but a majority vote. And they did cite and
Attorney General's opinion in support of their position. Due
to the fact that it was about 15 minutes until it was tie* for
me to leave foe Council meeting, I have not had a chance to a
research this yet and tbo Mayor has and has asked that I
communicate this to a lot the Council know after as soon after
tonight as possible whether or not the 3/4's rule dome apply-"
Mayor Stoph*ns: "Okay, thank you Debts. Ah, the whole point
here is and it kind of leaves us in a quandary, we want to go
ahead with the meeting. It has boon postponed too often and we
want to completo the public heating and make a decision. If
uhe four or five members of the council should vote in the
affirmative then what we ace talking about hers is uhe, well if
six vote in the affirmative then there is no question about it
at all. It would be approved. If four or five vote in the
affiristivu
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1 3 2 City of Denton City Council Minutes
Page 6
than the question will have to whether this motion carries or
not will have to be determined in a day or two after
attorney has time to study the Attorney General's opinion.
less than four vote in the affirmative, than the whole thing is
moot anyway, but we wanted If
t
Proceed a to what sometimei YOU
proceedings for this a s
understandahat been a elengthy
continue then l Particular issue, so at this time we
this proposal."pease those who would like to speak in favor of
George Neathecall,
Stephens, Henry S. Miner Development company: .,Mayor
members of the Council
Neatherall. I'm with the Henr u my name is George
I'm here on behalf of the cwners of Mtheesubloc,°PrOP6 Company,
as a matter of introduction I would like to point out that this
Property went property and a
under contract in
the site plan approval April of 1988. We initiated
obviously this has been °goingth toot quit* pact of August 1988
Just much as anybody would like toseae i ome ctime k now and
resolution to this entire matter. One thing that needstto abe
emphasized in toeight's hearing is the extent to which Pop Boys
has gone to modify their initial site plan based on comments
and observations by the adjacent property owners. The
the building 4S degrees so that rNwa
ned
se Y tur
eliminate a perceived noi the Days face the f
y, to
done from the front of the buildinem• All the loading will be
entry points on the back side of t
In fact he building eWhatsoever, '
Dumpstecs, trash aces, will all be in the front of the building
and in tact the building has even dropped 7 r
' based the the new grading plan tot the feet in height
the old plan the building will a Property so relative to
because of this new gcadin , The building
ppear to be 7 test closers to
Nolte Nursecy and a most impoctantlya cw ctt@ oved W411 closer will be
built separating the subject building Icon the a homeowners,
f` this is a going to be a
mi masonry construction versus the
nlmuc standard of a six foot wooden fence as a established in
Your Development Guide and in addition this wall will not only
passtop at the property line but Pep Boys hopes to buy but extend the N*cWn s shopping center to the drainage channel and
mY understanding to that right now theca is a problem with cars
driving across a thcough this neighborhood to the alley behind
the xetvym Center. This wall will eliminate that problem and
this will will be a pact of Pop coructon In
addition to the wall, a a landscaping Ybutter twillibe. planted
that will provide additional seceenage both visually and
audibly for the profession of the homeowners. The trees will
be evergreen and so tat as the leaves will be there
and in tact there will be a a year round
building and the property. landscaping buffer between the
to a caie &s
there now and a a the City willrstil
l bed able to maintain tail
easement with no difficulty whatsoever a a and it will -in tact
be a a grass with these a trees buffer.*
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City of Denton City Council Minutes 13 %`01
f September 5, 19e9
Ih Page 7
"Again, Pep Boys has gone to great expanse to implement these
modifications and has done the best they can In conjunction
with us to work with the homeowners and the City staff to
design the most acceptable building for Pep Boys, A a I would
like to emphasize that the extent of the amenities in this
design greatly exceed the minimum criteria in your Development
Guide a and again at Pep Boys' expense. A so we have done
several revisions. Traffic has at one point been an issue. we
feet like with the recent modifications to Dallas Drive this
has been greatly alleviated and in fact when Interstate 35 is a
a improved it should be even a a better source of a traffic
through the area, safer. It certainly is safer now. I've
noticed In my drives out theta that the a blocking down to one
lane is greatly improved access through this area. I also want
to emphasize that with Colorado Boulevard now being open, a it
provides another means of access to the Mall area and with the
exception of the homeowners in Township it most people should
take Colorado because it seems to be a easy means of access.0
I
"A couple ofhec points I'd like to make. A first of all, we
believe that this is this is not a zoning case. This is a site
plan approval process. A the property was zoned in 1969 and a
it was toned commercially. Pep Boys meets the requirements of
the a zonlnq in 1969. A we have a we feel like as Long as they
meet the Development Guide set in 1969 this is a non
discretionary issue. It
should be approved as
long as they
meet the requirements. Awe pay property on thton yolts. is tax for over
investments inBanddaround tthe Nail`s a m a n Dunning Development has
well, a we feel that we are one of the largest taxpayers in the r
City of Denton and have done a lot to to help this city and we
feel that it's only fair that we get to use this property foe
what it's already zoned. A a a we ask you to treat this the
way you have all planned developments prior to 1966. A a as a
as it should be. The first of all another point I'd like to
make is that the economic impact of a Pep Boys could bring the
city somewhere in the neighbothood of $40-S0,000 in sales tax.
A a there is a positive multiplier effect. There will be
thirty to forty employees involved here and most importantly
one thlaq you need to be aware of that the imminent opening, of
the mall in Lewisville a has a really concerning a lot of your
local merchants. When that mall opens, you'll start seeing
some attrition and whatever we can do to help In attracting
national eetailecs such as Pep Boys will only help to stop that
outflow. It's going to gceatly effect..,we've been In this
business 25 yeaca and we've seen all over the Metcoplex."
mayor Stephens: "Thank you, Mr. weatherall. An
Council might have foe Mr. Weatherall, Yes, Me. Boyde:tions the
Council Member Boyd: "A what was the 1969 zonlnq of this?"
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1 3 4 city of Denton city council minutes
September S. 1969
Page S
George 9leatherall: "in 1969, this property was zoned a
combination rata U/office-"
Council Member Boyd: "And would a would th~Poopt oysitavezbeen
r allowed -in retail, no, it
/ retail/recreational, wasn't it?" the George Weathecall: "Retail, part of it wwas, ould utalla u decCetail
portion of the zoning was what they
criteria and Pep Boys meets all the criteria in the retail
zoning."
unidentified., "It would not have included the muffler."
Council Member Boyd: 'I'm sorry."
unidentified: "it would not have included the muffler."
"Yeah, it was my undegstanding that it
Council Member Boyd.
would not a since you since you'll be selling mufttexs;and some
things that wage not allowed....."
George weatherall: "Let as remind You that at the Planning and c
zoning heating Mr. Meloro stated that it that does a +
contradict the proper use that mufflers would not be installed
In this stoce."
Council Member Alexander: "Let ms'olarify• You're asking tot
approval of this site plan based on the '69 zoning is that
correct?"
Gsocga weathecall: "And subsequent modifications. In 1973, 1
believe."
Mayor Stephenst "Ray other questions of Mr. Neathecall? Thank
you, sit, to there anyone else in the audience who would like
to speak in favor of this proposal? Anyone elee to speak in
favoc? Anyone else to WOW
Susan
Mt. asked se to o get up &adaclarityethataquestion. inM196.... has
mayor Stephenst "what is your name?"
Susan Mead: "Susan Mead, M - e - A- Do.
Mayor Stephens: "Your address, please."
1
Susan Mead: 01649 Ross Avenue, Dallas, TX."
Mayor Stephens: "Thank you."
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City of Denton City Council Minutes 13
September S. 1999
Page 9
Susan Head: "In 1969, the property received a land use map
designation of retail and office. In 1973, there was a
modification to that land use site plan and It was zoned C'.
commercial. Under the commercial classification under the Code
that was effective, Pep Boys complies in all aspects. Under
the 169 retail, the muffler stuff that we just talked about
could not occur and well be happy to restrict against that it
that is what you deem as necessary. The 173 site plan was
adopted by ordinance, it was attached to an ordinance in 1981
and has been used by the City of Denton sires 173 to judge the
uses that are permitted in this shopping center. Does that
' help?"
Council Member Boyd: "I. I think it does somewhat. The a it
was my understanding that there was some t„e 1973 ordinance was
adopted by voice vote. Is that your understanding?" C.;
Susan Mead: "The 1973 site plan was approved by the Plan
Commission and adopted by motion as I understand it by the City
Council. In 1941, there was another ordinance that had that
site plan attached to It and the City has used that site plan
since 1973 for every single development plan, approval, tot
every plat, for anything else that has occurred in PD6."
Council Member Boyd: "A all tight...."
Susan Mead: "And t have staff reports that essentially say the y
same thing." 1ti
Council Member Boyd., "And ace, I's trying to determine it r
we're doing this right. Are you relying on all three of those
or is there a particular one at a....
Susan Mead: "I'm relying the precedent setting nature of the
1973 site plan because that was what my client was given prior
to the purchase of the ptoperty and that's what my client
I celled on showing that his property was comasteially zoned back
I in 1974 when they bought the ptoperty."
Council Msmbet Boyd: "All right, it said, wasn't it, was that
the one that was commercial and recreational?"
Susan Mead: 'Yes, sit. And commercial in the Code that was in
effect at the time. Commercial to as means note office-like,
commercial in the Code at the time was a, had some uses that '
were not permitted in retail and that's the muffler use that
you,..
Council Member Boyd: "Bight."
i
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Cipttyemb o!eDeS, rnto1n9Ci99ty Council minutes
Se
Page 10
Susan Mead: "...recalled. Uhm, so whether OU Put retail or commercial, there's only one area that we'resnotdin
full compliance with and that's under retail is the muffler."
Council Member Boyd: "okay." '
Council Member Alexander: "Again, could I.....
Susan Mead: kilo believe our property is zoned commercial."
Council Member Boyd: "The recreational aspect of the zoning
its, how do you explain that?"
Susan Mead: "I can't. Thank you."
Mayor Stephens: "Mr. Alexander." i
Council Member Alexander: "Excuse me. Me. Mead, I wanted to
clarity. The provisions which would allow mufflers to be
installed would be based on the change that occurred in,,173?"
Susan Mead: "Yes, air."
Council
aattachedMember
only to Alexander
the a 169 ordinance? the
That's 1e this cosslly s the
question I'■ trying to clarity?"
1
Susan Mead: "Uhm, the commercial..."
Council Member Alexander: "The 173 amendment...."
Susan Mead: "sure."
council Member Alexander: "..,to exclude the muttlec
Installation as pact of the ordinance, is that correct?"
Susan Mead: "The 173 amendment would permit the muffler."
Council Membec Alexander: "The 173 amendment would permit,
okay."
Susan mead: •Ye$, sir."
council Member Alexander: "That's what I thought I understood
earlier, but a
Susan Mead: "the, I'm sorry it i got up to clarity and further I
contused it."
Council Member Alexander: "If we apply the 173 provisions,
then, and agreed that it was in fact commercial, then the
muffler installation could not be excluded. It we applied the
169 provisions, the muffler installation could be excluded."
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137
Denton city council Minutes
City of
September S. 1989
Page 11
Susan Mead: "Yes, sic."
Council Member Alexander'. "Okay, it'e the question of whether
we accept the 173 amendment as pact of the original '69
ordinance."
Susan Mead: "Okay."
Council Member McAdams: 'DOfe it not also include the question
of our in[ocrostion tells us that that site plan said
commercial/ cecceation and there's some question about what
that actually means and you ate a taking one position about
commercial a as just simply straight commercial zoning is what
I heat you saying and that's your interpretation of that and it
is there....-that then that you ace saying would allow the
muffler sales-"
hour@ 'Councilwoman
those McAdams. I whatttabelievee to ebe the
and Susan four Head:
looking reading everyever ordinance cthat twas Vpassed nand
and based
case request to
commercial..."
Council Member McAdams: "We're talking specifically about 173
made and thatts the changeraccrocdtngutoethe sayingrmatthat
when change It says,
have said commercial/recreation."
Susan Mead: "Bha7 site plan was Incorporated a1981
f
ocdinanceaswell andwas cetecenced throughout by staff
reports as commercial...."
Council Member McAdams: "ant it still. It still said
commercial/tecteation." J
Susan Mead: "t cannot tell you what the recreation stood foe.
1 can just tell you that the City Staff cepcesented in a 1911
memo on September 6, 1 believe, that the 1973 Site plan showing
commercial on out property had been used since 173, That memo
was
pa•sedton pDecembec
was
attached to nn otdinaacec int1961nth that sam*
the 15th,"
Mayor" Stephens: "Did you have another question?"
Council Member McAdams: "No, cause it didn't that did not
War to that particulat site. There was no reference in that
101 to that pacticulat sits, so it is just a difference of
had anything to do with it
opinion about did notc retereaes c It.
o n but i
Susan Mead: "Do you know that the chart...,."
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1 38 V City of Denton city council Minutes
` September S. 1969
Page 12
f
Council Member McAdams: "That's okay."
Susan 25adiffecent, Cages. the chart I submitted to the council has
about j
case. Thank you very much."
Mlyoc Stephens: "Thank you, Ms. Mead. Is there anyone else in
,,no audience who would like to speak in favor of this y
proposal? Anyone else to speak in favor? Anyone in favor?
in Then, opposition that* to anyone this in the hoco~ would Ilk* to t forward. Aspeak
ain
state your name and address. You have five minutes."
Royce Waddle, 1512 San Gabriel: "Yes. Mt. Mayor, Council
Members, I a S
petitioners property. I have 1a quick, can Gabriel. t ask a behind
l before my time starts? "
Unidentified: "okay, sure."
Royce Weddle: "Why was exhaust excluded? I mean, you know."
Mayor Stephens: "That's pact of your time...."
Royce Weddle: "Alright." r
h r
Mayoc Stephens: "Keep the time goir.q. Medea Secretary."
Royce Weddle: "You know, why was exhaust excluded? Can
anybody answer that?"
Council Member McAdams: "It was just that retail zoning...."
C Mayor Stephens: "A, Mr. Weddle, Ms. McAdams, you have five
minutes to sake your presentation, and then any questions you
pisase,:hose
niht later. ask, we'll ask the
We ace here to got input or the address
Royce Weddlet "Okay, okay. Yolks, 1's a homeowner, live tight
behind the property. I'S president of the Hossownet's
Association and we ate definitely opposed to the Pep Says type
of business. A, it t may, I'd like to ask out group to stand
you ow Ththat ose ace you're team outt turning neighborhod :t roc City
government. 1
Mayor Stephens: "Thank you tot Doming."
Royce Waddles "We've circulated a petition. I think all of
you got copies of it a month of to ago, A 939, of our
rather S not havvdia gara112 ge signatures ul
In out
neighborhood opose record that we would the Pop
backyard. Out Board of Directors and our membership has set
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City of Denton City Council Minutes 1 3
September S. 1989
Page 13
Royce Weddle (continued): "with Pep Boys in the past. We have
set down with them and we admit they've made some changes, but
we still think that we that we would do better if we had the
same type of businesses that ace there now like Mervyn's and
strictly retail. They're good neighbors, they don't bother us,
we don't bother them. We would hope to continue with that type
of business that a we feel like Pep Boys ace that type of
business, not just Pep Boys, but having a garage kind of C".
violates the spirit of that type of business that we all
thought was required quite honestly. When we moved in the
neighborhood, of course I didn't come down and check with the City, and I'm not an attorney, but I kind of thought
that the
retail offices like Mervyn's and those people, that that was
the only type that could be there. Of course, we have since
learned different. I'd like to quote a staff report to the P&Z
regarding negotiations. Quote 'Staff feels that there should
be a limit on the number of times a neighborhood is expected to
defend itself against zoning that is perceived as a potential
doteiment to the character of its area through the negotiation
process.' of course, we're still doing that, but we, we're
just wondering how many times we have to to continue to fight
tot the quality and integrity of our neighborhood. We object t
to the noise from vehicles passing through the location. We
object to the noise from, just the total number of vehicles
that's going to be going in and out and all the machinery. We
understand there ate going to be 1200 trips per day through
that organization and when you add that to Wolfe, on a busy
day, folks, I'm afraid welts going to get gcidlocked. There's
just not that much coon back there for all those cars. We
object to the possibility of making Dallas Drive note dangerous
than it already is. You know, there where it crosses in front
of Wolfe Nursery. There's been 191 accidents there with 92
injuries, 2 fatalities in two years from '85 to 187 and that's
a lot, folks. We object because our homes and property will
definitely be devalued. There's no question about that at
all, who would want to buy oc cent a house tight behind a
garage Sunday and tholidays. LNol wh10 ere o'clock o Denton every
we find whore Saturday.
high volume gacage is located so close to residences. It you
approve this petition you will be creating a dangerous
precedent similar to Houston or )Arlington, two cities that
people can do anything they want to at any ties and now they
wish- they had done something different. Approving this
petition will be in violation of Denton's own zoning codes like
we've been to talk, we understand that it's zoned office and
retail. We don't think that Pep Boys is either one of those.
.Other cities we've contact, a garage like Pep Boys would be in
a light industrial or strict commercial or a mall type of
setting. It's olnrloue that the people most affected by your
decision do not vast this garage in their neighborhoods and
hopefully, the citizens and cestdencea of Denton will be pore
Important to the council than an out-of-state business, Like I
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140 City of Denton City Council Ylnutes
September 5, 1999
Page 14
Royce Meddle (continued): "said earlier, we're not
anti-business, wo'to just anti this kind of business, In
closing, as you decide this petition, please remember the
problems created by this garage won't be shared by the
gentlemen seated to my left. They live in the Metroplex,
Philadelphia, California, wherever, and other places and I
doubt if any of them live directly behind or close to one of
their own stores, but they want us to. Ladies and gentlemen of
the Council, all the folks seated to my eight live here in
Denton and we will inherit these problems, and live with these
problems and suttee from these problems long after these other'
folks ace gone. We strongly urge you to deny their petition.
Thank you."
Mayor Stephens: "Thank you. Mr. Meddle. Does the Council have
any questions for Mr. Meddle? Yes, Me. Boyd. It you would
please, we don't permit demonstrations. I understand your
sentiment. Mr. Boyd."
Council Member Boyd: "I have a couple of questions."
Royce Meddle: "Yes, sir."
Council Member Boyd., "Mete there any specific requests that o
you made of Pep Boys that they did not comply with?" I
Royce Meddle: "A, not to come in. That's it. No, the changes 1
they made were all voluntary and and and we, you know, we truly
are cognizant of the tact they made a lot of changes to try to
try to work the thing in, but a it's still a garage and you
know."
Council Member Boyd: "It we accept for a moment their acqument
that this zoned commercial/recreation or commercial.
Commercial/ recreation, t guess, is is a bowling alley or
miniature golf course or something like that.. Mould that be
more acceptable to you?"
Royce Meddle: "A bowling alley oc a miniature golf?"
Council Member Boyd: "Miniature golf course, or a go cart
track?"
Royce Meddle: "Quite honestly, no. Not to me personally. I
can't speak for the membership. Me, once again, we were under
the iagression that the type of businesses that are theta now
would to the type that could go in, only could go In, which is
shop, a video store, a Mecvyn's, a a day care center, a
doctor's offices, those sort of things."
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City of Denton city council Minutes Ss
September S. 1999
page 15
Conc i Member Boyd: "Right. Well, that, evidently, that MAY .1
not be the case, but let me ask you another hypothetical. What
ich
if it Is determined considerably more this Is office cinlt~ s$ ofiwhathgot
does all
hbe would moce acceptable?" Box or a Rr.d Lobster or something
like that
Royce Weddle: "Boy, we all like Red Lobster a lot. akr Now 9 we've
all talked about that, but. • •A a I would say spa
lust living right there, no."
Council Member Boyd: "Okay-"
Mayor Stephens: "Any other questions for Mc. Weddle teom the
Council? Thank you, sic." 4r+
Royce Weddle: "Okay, thank You." f
Mayor Stephens: "is there anyone else in the audience who
would like to speak in opposition to this proposal?. Please 11
come forward. 1
Harold Harkins, 1405 Sandy Creek: mve. Harold Harkins and I 1
live in the Township it addition. I'm not going to be a
$500,000 taxpayer In Denton. I'm not going to hire the most
people that a a that anyone lee ors in ate Denton 110 no been
horns to hire 50. I'm just
harassed by zonings since I've lived in Denton these 9 years r
beyond belief. This is the fifth time since t've moved Each
this community that I've come in toe a zoning change.
time I've sacrificed. I've said sure our a officials aot* at*
looking after out benetit, they re looking
gone along with you every tine and every time that You've made 1
a zoning change it's Made my property V41UG go down. Henry S.
Miller's harassment crew rew that's rose with these last three
l+
asked for.
zoning changes. wove give them everything they
The developer that was working under Henry S. Miller was going
to put a fence through there before. It wasb~t eed a where.
We never got a fence. We never got anything dreamspromis Eon
And now
Henry S. Killer. we never got anything bu taxes roc the
they've come bark with another dream, Of big
city, late of employment n and 1t watts t entitled to tothis s~nYsslid t e
lawyer says this toning e here is for retail
This zoning
doesn't entitle them to this.
I built office house buildings.
myself WI eka wzwhatb the zoning
protest's and tog
property was, Then You, Youtsslf, verified that t was true In what I
. T
believed. When Midas Nuttier come along and sot in a muttlet
shop in 19 and el, you said no because its hav~eeomelagalndwith J
Henry S. 11r1U[. wry Lupo want you to give them everything t
the $ame tommYcot and thoYacs Henry 8. Miller. They
they ask tot because they out of ic."
done a thing toe the City of Denton but take money
9-13
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1 2 city of Denton City Council Minutes
September 5, 1989
page 16
Harold Hacking (continued)' "Let's go a little bit further.
I'm just an ordinary taxpayer. I don't have much money. I
have supported every one of you that is sitting here on this
panel and it you support this change, I'm going to support a
change in Denton which we definitely are entitled to. Henry S.
Millet says the City keeps up that easement. That's a bunch of
tommyrot.
one keep tunningesdown then side people ofkamy
easements. City e doesn't
up
property and across the back. Do you think the City runs in
there with their lawnsowoce and keeps it up. No. We don't
have that kind of money. But Henry S. Miller is so important,
they think that we ought to tun out there and take race of
their easement tot thou. Now he's going to build us a fence
again ail the way down to the drainage which is a problem that cGI
they've created. The drainage down there that's going to cost
me a taxpayer a whole lot mote money to pay toe his drainage.
You say, well it was there all the tine. Well, it was there,
but it was a little bitty thing, but it's a great big problem
eight now. Then, again, 1, I'm just a taxpayer. I've been
harassed five times over zonings and every time its gone
against me. This time, it's going to go against se. MY taxes
have gone up, up, up, up, up and believe it or not, I'm a
builder. 1 built that house syselt and I can't even gat the
money that I put into it nine years ago out of that house eight
r
now and too n talking
nitial about building making any I'm ey, not too just
talking
talking about the i
about all the shrubbery and the other things. So, I's against r.
this zoning. I ask only from the elected officials of the
people of Denton, that you support us like we supported you.
Thank you, gentlemen.'
Mayor stephonss "Thank you, Mc. Harkins. Any Council Member
have a question toe Me. Harkins. Thank you, sic. is there
anyone also in the audience that would like to speak in
opposition? It you would please a I know how you tool on this
emotional issue but we do ask you to keep demonstrations to a
minimum please, yes. which is zoro."
Janet Sahliyah, 1330 Laredo Ct.: "MY Bane to Janet sahliyeh,
my husband..,.." '
Mayor stephonst "Pardon?"
Janet Sahliyehs "My name is Janet sahllyeh, we live at,...."
Mayor 8tephenss "How do you spell your last name, please?" j I - No we live at
1330tLatedoyCourt. My husband couldn't be-here tonight because
he is teaching a course eight now at UNT, but he did want as to
M
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City of Denton city council Minutes + T
September 5, 1999
Page 17
Janet Sahliyeh (continued): "come and say a few words toe both
us )ust from a family who is concerned about our neighborhood.
We came to Denton three Yeats ago, never had a house before,
and two years ago we bought a lot in Hopkins Hill and very
excited, it's a beautiful area with lots of trees, all kinds of
wild animals, rabbits, we thought what a wonderful place to
raise our children and we built out house, our droam house, we
never had a house before and now that this issue has come up,
we're very much afraid that the value of our house is either
not going to hold or its going to go down. So this is my main
message. Another aide note, t might put in is that my husband
is totally blind and he likes to heat nice sounds like birds
and dogs backing and so forth and it we're going to have a lot
of noise from a garage, I don't know it he's going to be too
happy in that neighborhood any more, So, I'd like to appeal to
all of you as homeowners and concerned people that I don't
think you'd want this kind of business In your own backyards
bringing down the value of your peopecty and making a lot of
noise. Thank you."
1 Mayor Stephens: "Thank you, Ms, Sahliyeh. Any Council Member
have a question of Me. Sahliyeh? Thank you, Maas. Is there
anyone also In the audience who would like to speak to
opposition to this proposal? Anyone else in oppositio w
Billie Harkins, 1405 Sandy Creek: "I'm Billie Harkins, 1405
Sandy Creek. I would just like to sake one statement. This,
the zoning here in 1979 1 peceonalfy came down to the City of
Denton to check the toning. it was cetail/office and my only
point t want to make to you It it's commoccial why has Henry S.
Miller had a sign on this piece of property cetail/ottles since
1975. That's my only statement."
Mayor Stephens: "Thank you, No. Harkins. Any Council Member
have a question toe Me. Harkins? Thank you, Maas, to theta
anyone else whc would like to speak in opposition? Anyone also
to speak in opposition?"
Virginia Hooper, 0120: Creek: "My name is Virginia Hooper and
t live oa Olmos Creak, eight behind Wolfe Beothoes and t just
add whatever has boon said befogs in opposition, I just
reinforce that. But I'm using Wolfe Brothers as a a standard.
It U have to face something worse than Wolfe Brothers, it's
bad. Nolte's Brothers wakes us up with their loudspeskor every
morning at 9 o'clock and it goes till 9 o'clock every night.
The radios go constantly. The traffic is terrible. out place
abuts theirs. Bo you see the fence doesn't help us either. It
doesn't come, I don't believe it's planned to come behind Wolfe
Brothers. And it's eight next to Wolfe Brothers. This t just
wanted to add to it."
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September 5. 1989
Page 18
Mayor Stephens; "Thank you, Ms. Hooper. Any Council member
have a question for Me. Hooper? Thank you, Naam. Is there
anyone also who would like to speak in opposition? Anyone also
to speak in opposition? Anyone to speak in Opposition? At
this time then we shall hoar from the petitioner for a
rebuttal. One person who represents the petitioner and if you
would please confine yourself to less to five minutes or less
and to only the opposition questions that were raised. No new
information please."
Al Moloro: "Mr, Mayor, members of the board, as tar as noise,
uhm everyone is concerned with noise. 1 grant you that the
first site plan that was put together was definitely wrong.
Although I was not involved at that time, i will take blame for
that because 1 work for the Pep Boys. We had no right to do
something like that. We did change the building and moved the
service bays facing the highway which did turn 90 degrees.
Notes is like light. it does not go around corners, noise goes
straight. Any noise that emits from the service bays will be
going out towards the highway, not towards the residents.
Number two, as far as traffic, it is zoned commercial. You
could have a restaurant, a Burger King, a Wendy's, and these
neighbors could be faced with some of the items that go along
with a restaurant like being open to 2 o'clock in the morning,
traffic that would be tar exceeding our traffic, the gentleman, r
1 the president of the Homeowners Association said 1200 trips a
day. That's 600 customers and they're counting in and out.
Fast food would be somewhere betwien 1500 to 2,000 cars per
day. Round trips that 2,000 times 2. We can ill see what that
is going to be. As tar as the trattic, the State to aware of
the traffic. They're making changes. The City's aware,
they're making changes. That's going to be a eater
intersection and area than it has been in the past because
pearls have been aware of that. As fee as the hours, our hours
are until 9 o'clock in the evening. A restaurant would be open
until late in the evening, early in the morning, maybe until
one or two o'clock. You'd also be a subject to the greasy
smells of the restaurant, of of we all know what fast good
smell like when the food is cooking, I'm not saying that it's
bad, I's just saying would you want to be sub act to that, As
far as lan4scaping, I think we did out share in putting enough
landscaping there. We're not frugal when it comes to
landscaping. The company has that 1 work toe has given me the
ability to do what is boot tot the surcounding neighbors. i
belong to the Arbor Day Society, 1 am not cheap when it comes
to tress. I try to plant at least a dozen trees on my property
every year although they are seedlings, they keep growing. But
that's as gat as the landscaping and the easement across the
back, that's that would be our property. That would not be the
City's responsibility to ■ow that of take care of that, but it
is an easement for the City to go on to that property and to
take care of any piping or drainage or anything else that would
be necessary."
9-16
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City of Denton city council Minutes 14 4 E
September S, 1989 I
Page 19 1
Al Meloro (continued): "As tat as meeting with the homeowners,
1 think I did my homework there. I've met with them three
times. I came down from Philadelphia. Maybe they want to call
me a big city boy or whatever, but unfortunately, I live in the i
Philadelphia area. I not with them and discussed the problems
or noise, pollution, trash, landscaping, traffic
maneuverability and everything else and I think we met everyone
of their questions. We worked on it diligently. It an
individual was to buy a home in anywhere along there with the
wall and the landscaping that is going to be put in there, it's
not going to depreciate their homes, number one. Number two,
the landscaping is going to be of a nature that it'll be it
anything it will add to their homes, If I Just may...." G
Mayor Stephent: "You have one minute left.*
Al Meloro: "okay, it I Just may add, we even asked them it
they would like to have vines growing on their side of the
property so I think. t realize that a homeowners interested in
the value of their homes and just because we're "large city
multi- million dollar organization and we have top guns" that's
not what I want. I want these people to shop at our store.
It's a service that is needed in the aces. It's a service that
is zoned for the .............and that is my rebuttal."
Mayor Stephens: "Thank you, Me. Meloro» Any questions the
Council might have tot Mr. Maloco? At this tine I'll declare r
the public hearing to be closed and call upon the City Manager
to direct the presentation by his staft."
Unidentified: "Me. Mayor, can we have time to say something?"
Mayoc Stephens: "No sir, the public heactaq is closed. we
have we gave several calls to fors and several calls for the
opposition and I presumed that everyone in the audience who
desired to speak has had a full opportunity to do so. The
public hearing is closed. At this tine the Council, the City
Manager will direct the presentation by his staff,"
Lloyd V. Harrell, City Manager: "Yes, Mr. Mayor, let me call
on our Executive Dieeetoe tot Planning, Mr. Eobbins to make the
staff presentation."
1
Frank Robbins, Executive Director for Planning: "Mayor and
Members of the Council, this is a request to continue the
zoning process on a 1.72 acres of land specifically where the
request for approval of a detailed plan is shown on the slide.
The Staff has beta processing this case based on a zoning
ordinance that I'll show you a slide or an antndsent to our
zoning ordinance is pact that toads as shown on this slide.
This part of the ordinance was effective on May 20, 1916a in
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September S. 1989
Page 20
Frank Robbins (continued), "which toe PD's and we believe this
property is zoned Planned Development tot PD's approved before
May 1986 a detail plan or a concept plan must be approved by
the Council. It it did not most the a ordinance requirements
as stated in 1986, or the information required on concept or
detail plans, a an additionally that no development had
occurred then you'd have to process the site plan as any other
zoning case it those two conditions wens met. A the bottom
pact of this slide is another section of the zoning ordinance
that describes the situation in which if the site plan, the
planned development site plan is less than 10 acres, then a
detailed plan is requited. And this is less than 10 acres."
"A little bit on the history. We can go into more detail if
you like under questions. In 1969, a site plan was adopted by
Council Ordinance No. 69-3S and this is in your backup
beginning on page 4-1. Since 1969. or since 69 ordinance 69-36
was adopted, the Planning and Zoning Commission or the City
Council have approved siu site plane within PD6 without
ordinances. Beginning in 1961, the council approved tour
zoning cases two of which were detailed plans by ordinance
within PD6. This is the second application for a site Pisa
approval in this area. A the first site plan which was
reviewed by the Planning and Zoning Commission a was
recommended for denial by the Planning and zoning commission on f
October 19th, 1988. A it was scheduled-tot a review by the r
city Council. Council postponed until December the 13th, 1919,
at which time the applicant withdrew this site plan from
consideration. Subsequent to the time, the applicant has
submitted a different sit plan and we've gone through the same
process with the Planning and Zoning Commission, held public
and hearings and so forth. Then on May 10th, 1989, Planning
and Zoning Commission considered the new site plan and approved
this site plan. I'll go back to these numbers later on. This
is the same site plan that we had up initially. A the Council
was to initially consider this site plan on July 11th, 1969, at
that time the applicant requested it be postponed and Council
agreed to that postponement and it is scheduled tot our
discussion tonight."
"Since the Planning and Zoning commission made their 1
cecoameadation on May 10th, we have received opposition from
landownefs that own mote than 20% of the land within 200 feet
of Block A, Lot 4A, Phase It which is the site which we are
considering tonight. About 24%, a little over 24% of the aces
within 200 feet or the area shown in cod on this slide, owasts
of property have opposed this rezoning sines the Planning and
Zoning Commission. And It I might, I don't want to reiterate
everything is the ltaff capoct, I would like to go back and
sake note again of the changes that have been made to the site
plan since the once the Planning and Zoning Commission
recommended denial and which they recommended approval of."
9-18 J{
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City of Denton City council minutes
September 5, 1989
Page 21 t the
baynkdoob inn owe facenu H3S. "Iyour+lbackupctincludes c two ,noise
Tga there studies is that rot have lningewalloon roved by do eI haveicanfoldermofc the
opposition? The letters? No, sir."
Mayor Stephens: "They are not necessarily the opposition,
r Frank. Normally, you.have the reply forms."
Frank Robbins: "Yes sir, I don't have the reply forms with me."
Mayor Stephens: "why not?"
Frank Robbins: just don't have hem. I could go get them,
hand right now.0
I don,t have
Mayor Stephens: "That's what you normally circulate."
Frank Robbins: "Yes, SIC. I undecetand.M
Mayor Stephens: "Let's see it we can continue that practice."
Frank Robbins, "Yes sic. Number two is a retaining weal an
the east side in two locations. Ficst the retaining whtce the
number 2 points to but as well as this retaining wall and this r
a allowed In
ace, have been added. The area in the case of the building is cess c1,at haeealnow landscaped according todthat sites plan. acThe ■asoney Wall
is
eight test high. The previous height with the previous site
Now
plan was six feet. The duapstets wage in the rest,
they'[" facing IHSS. Number live, the sign is a such smaller
would begallowed dbygthe
sin out siganfore sions, that would be gn site and height allowed
sign ordinance. This sign would be 1S feet high no larger than
ISO equate feet. The Sign ordinance it this weren't done by a
1
PD would allow a sign 2S0 squats feet in site. Lighting
will be
standards have been added since the Commission la pas last viewed and no by the Planninq and ZonlnQ And that
■ocud on ch=esaccess entation ad,I &a prepared to answer zany of your
concludes my p
questions,"
Mayor Stephens, "Thank you, me. Robbins. Any questions, yes
mt. Boyd."
of Council the peaker@ of flier was one that hthey' d then promisedethen &
Cones earlier that i ve been tbatOt
peeves since the
one of my t ' we of a
tic Lan~,rackrcommlaS n ataateCouncil
promise that, City that at, P&ZalHistowe do heac,
Citywagthis
ncy
thai later isa what wed intend seem doo and abasedaaonethand at the know
approval it. What is the mechanism and what reason dotwe have j
to believe that the fence, sign and lighting p
being made here will actually be fulfilled it this to approved?"
9-19
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1 4 8 City of Denton City Council Minutes
September S, 1999
Page 22
Frank Robbins: "It, because they ate shown on this site plan.
A some of those restrictions are also part of the what were
called development standards that would be attached to this
detail plan and it approved would be approved by ordinance
would be a -zoning ordinance and would be enforced as any other
zoning violation or problem would be entorced."
Council Member Boyd: "Okay."
i
Frank Robbins: "In other words, you're adopting a zoning
standard when you adopt this site plan."
Council Member Boyd: "Now 1'd also heard mentioned at an
earlier meeting and maybe this is no longer part of the
proposal that a request had been made by the citizens that the
hours of operation be modified somewhat and that Pep Boys had
agreed to do that. is that now no longer part of the proposal?"
Frank Robbins: "It was never pact of the proposal that is it
was not pact of the application theta was no mention-of it on
the site plan was not part of the applicants aubmitted
development standards. So that issue is not pact of the would
not be pact of the ordinance."
Mayor Stephens: "Mr. Alexander." r
r
Council Member Alexander: "I'd like to address the question of
the cement fence at the back of the property. It we look at
the site plan what we see is the designation of the fence there
at the back of the property, but there is discussion and my
understanding pact of the agreement that's being developed that
if indeed this were to be approved that that fence Would be
extended all the way down to the drainage ditch behind
Mervyn's. Now my question is, is what's the legal status of
that commitment it indeed it does not show as such on the site
plan that is formally before us? I think we need to be sure we
have addressed that to everyyone's satisfaction so that we're
sure we understand the cealitlas that we ace coping with here."
Frank Robbiasr "one of the attachments to the ordinance is a
legal description and that legal description describes the aces
within, which the zoning ordinance is standatds of detail plan
would be applied and that fence is not pact of is not within
that legal description except on the lot itself, in other
words, the tones that was being discussed earlier is not, the
requirement to build that fence is not part of your ordinance
at this time."
Council Member Alexandoct 01 think We asy need Mr. Meathecall
to address that commitment in very specific terms before we
vote here this evening."
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City of Denton city council minutes 149
September S. 1999
Page 27
Mayor Stephens: -Well, actually, it's more the lawyer. I
understand that the lawyer has been intending to being in such
wording and has not."
Frank Robbins: "That's all t can say, Mayor, is that we do not
have said wording. We had, we had discussed it, but...."
Mayor Stephens: "that's not pact of the proposal at this tine."
Frank Robbins: "That is correct."
Mayoc Stephens: "..because it's not in writing as pact of the
ordinance. That's a good point to be made." r]
Council Member Alexander: "Well, I want that to be addressed
before I vote tonight in very clear totes."
Mayor Stephens: "tn very cleat totes."
Council Member Alexander: "Me. Weathecall's made cet*rence to
it and I want to make outs that we have a clear commitment in
the minutes one way of another on that."
Council Member Boyd: "I would also like to understand not only
that point but also what it any commitments should be made on
the hours of operation." t,
Mayor Stephens: "Okay. Why don't you go ahead and see what
else you night have. Any other questions tot hours of
operation and tence. Any other questions tot Mc. Robbins while
he is at the microphone. Also, Mr. Robbins, Mr. Meddle had a
question earlier about muffler exclusion. I...I wasn't trying
to stop his question from being answered I thought theta was a
time and place tot things and this is the time. It a did you
heat his question concerning the exclusion of muttlet
operation? Would you race to answer that please." lI
Frank Robbins: "Yes. t think the issue relates to how the
various ordinances that have been adopted as they relate to
PD's and specifically this Pij apply. Ordinance 69-35 adopted a
provision that essentially said that the that the requirements
of a of a like :cning, like zoning district that the
requirements of a like toning district would apply. There in
1969 there was an office toning district but thee* is no
district called only retail. There was a general retail
{
district, a neighborhood service district, commercial and to
forth but here was no specific retail district. A in the
commercial district the auttlec, seat cover use was authorized
not In any of the distorts below the commercial district, that 1
is it was not authorized in neighborhood service, it was not
authorized in genteel retail, but was authorized in the
commercial toning district, t don't know whether I've muddled
the waters of clarified it any more for you."
i
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September 5, 1989
Page 24
Mayor Stephens: "Mc. Weddle, you understand? You asked the ;
question7"
Royce Weddle: "No. The question is, why is it called
(inaudible)" j
Frank Robbins: "1 can't answer....."
Royce Weddle: "(inaudible)"
Frank Robbins: "I don't know that mufflers was picked on. The
Issue is what what standards would you apply and I's responding
to the to the issue that it the because the the way the 69-35
ordinance is written it said that the standards of like
districts would be applied. We went back and researched a use
that would be done by Pep Boys. One of those would be to
change mufflers. That's not authorized in the general retail
and neighborhood service district, only authorized in
commercial and commercial is not a word that was used on the
site plan adopted in 69-75. The two words that wets used are
retail/office.
Mayor Stephens: "Okay"
Unidentified Female: "(Inaudible speaking)"
Mayor Stephens: "Well, that's another issue, And he raised r
the question... what I'm trying to do is not to introduce new
information at this time...."
Unidentified Females "(Inaudible spesking)ssme thing....why
are they being allowed that?"
Mayor Stephens:
Funk Robbins "I can't...1 can't respond to that Mayor."
Unidentified Females "I mean what's good tot one is good tot
the other (lnaudible)"
Unidentified hales "(inaudible)"
Unidentified Feu let "inaudible)"
Ma or Stephens "Nell, okay, just a minute. Oooco. Okay. At
this time there we, a couple questions that, I be'iieve that
wet* that the Cov.acll e21 1 understand want Me. Weathsrall to
address."
Council Member Alexandets "That's tight."
Mayor Stephens "And it he would come to the microphone
becauas our...out uhm warder doesn't pick up that tar away,
so it you would a would you speak only to the hours of
operation and the fence question please."
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City of Denton city Council minutes 151
September 5, 19s9
Page 25
George Weatherall: "I would like to make a something ileac
hate. It it's not already a part of the proposed ordinance,
whatever means is necessary to make it a part of the proposed
ordinance, we would like two conditions to be attached to this
proposal. One is that muffler work will be excluded from this
particular Pep Boys facility. Whatever needs to be done to get
that in the ordinance, we would like that to happen. Number
two...."
I
Mayor Stephens: "Our attorney is going to address how that
would be done to
George Weatherall: "Tine."
Mayor Stephens: "hoc satisfaction when you finish...."
George Weathecall: "In addition..."
Mayor Stephens: "all of these points you raise. Oksy?"
George Weatherall: "In addition to that, we also want another
condition included with respect to the fence. We've said that
we would have this fence built to the drainage channel. We'd
like that included in the ordinance. What we want is a a
confidence from all parties involved that these pcomiees will
be kept and and something that is enforceable. Those are the
two conditions that we would like included in the ordinance."
Mayor Stephens: "What about the hours of operation?"
George Weathecall: "The hours of operation, we would like to
leave as as previously stated."
Mayor Stephens: "What is that nine to nine? So you're nine to
nine is that what I'm seeing hete?■
Unidentified Male: "0130 to 900 p.m."
George Weathecallt "silo to 9:00 pom, One other thing that
probably should be added too is that the initial thing to
happen here would be the construction of this wall. I would
like that included in the ordinance, %store any construction
begins on the building, the will will go up first."
Mayor Stephensf *Ms. Harkins has a question about the fence.
I believe he answered that didn't he?"
Harold Hatkinst "Mo, (inaudible)... behind Wolte's. Doss it
stop at Malta's..."
I
Mayor ltephenst ■Oh, 1 nee,"
Harald Harkinet "(inaudible)"
9-23
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1 5 2 City of Denton City Council Minutes
September S. 1999
Page 26
George Weatherall: "Yes Maas. It stops at the corner of the
Wolfe Nursery property that abuts Pep Boys."
Harold Harkins: "(inaudible)"
Geotqe Weatherall: "Yes Sams,"
Harold Harkins: "(inaudible)"
unidentified Female: "(inaudible)"
that Mayor tar Stephens:
back I'm e sorty. We want everything to be on record
here."
Harold Harkins: "In other words (Inaudible)"
Mayor Stephens: "Well. I guess, the answer is yes. 11.1
right. Mr. Weatherall,...."
George Weathecalls "That's correct.,'
` Mayor Stephens: "Anything further you want to add?"
f r
George Weathecalls "That's it." r uhs I believe we
Mayor
question of "CounciliMemb Members that tti Attorney, be wrapped up
hate before they vote. What would you require then to sake
this, should it pass, to sake It a mandatory thing or a
condition would ...to be included in the main motion it someone
makes the motion to that effect a with those conditions would
that have the force that I hosed expressed hate that would be
those i tones and s muffler motion questions.'e this
request would include condition
Debra Drayovitch, City Attorneys "Thank YOU* Mayor. Uhm the
quite frankly, I would like it these was an intent on the part
Council an
of the u
such suggestion. This write e one lose reason nwhyethis
was brought up sire weeks ago when I asked it there was such an
Intent that we be provided a letter outlining that. Aa..the
one thing I will say, to be quite honest, theta is some, there
could be a question on down the line about the entoeceability
of Welts improvements such as this. It it were not
consteucted, I understand that in previous zoniaq cases
involving adjacent property, that promises were made. Those
promises were not include in the ordinance and, or alleged
peosises, I'm sorry I wasn't hate at the time, but what was
represented to at.... anyway, we can certainly write language to
that It, It would bee subject the tence requirement oa uld kpo sibly
9-24
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City of Denton City council minutes
September S. 1989
Page 27 A
that and I
Debra
of " the subject Council t Members Challenge
previously h advised (Cofttinusd):
have made
that request to that, of that particular regard. However, the
applicant has represented it, it is willing and able and would
construct such a fence price to the issuance of any neeessacy ,
permits. A...that does go a long way towards entotcsablltty."
Mayor Stephens: "Any further questions the Council might have
of staff."
Council Member Alexander: "Question."
Mayor Stephens; "Yea, Mc. Alexander."
says that Myoue needs tine to "Did I understand the
the ordinancerory can
you...."
I
Debra Drayovitch: "hell....."
Council Member Alexander: "...write that in the language based
on intent of Council hate tonight?"
matter such laswthis by the Council.thI
Debra wording D be approved on "No,
don't think the muffler use language will be hard. However.
I'm hearing discussion even in the audience about points, a, as
t4c as the fence. It somebody has"a a description drawn up or r
snough,"Counoil to tie
to specific want the
thaI would t language certainl
or a satisfied language
i
Mayor Stephens: "Ms. Hopkins."
Council Member Hopkins: "Might I ask the Attorney then what
wouldn reand quite kand h that ti
would be representing ; thesis change's to thus? at we To
would feel this whole Council would certainly bind them and
then in two weeks being us back the ordinance with the
language? Can we do that? Can tonight's vote tell you what to
do and then you bring us back the ordinance with the wording to
be sppcoved officially?"
Debts Dcayovitchs "That, that's a very good sulgoetten. Like '
1 said I don't have problem with the sale and installation of
mufflers, but 1 as a little bit concerned about drawing up a
proper specific condition regarding the tone*.*
Mayor Stephens: "Yes, Ms. Hopkins."
Council Member Hopkins: "1 might js:st add tot the audience
that one reason we want to give this time. We have been, the
Council has been remiss in the past in asking for specific
9-25
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154
City of Denton City Council Minutes 1
September 5, 1999 llpp
Page 28
Council Member Ho kins
change Somethin P (continued): "legal vorja e j
out right oc it that night
What .en it doesn,t exactly rcoto
been put on the ido t sa thought it did and shut
was the reason for that question. .had to be done rapidly. TRat
Mayor Stephens: »
Alexander." Any further comments or questions.
Yes. Mr,
Council Member Alexander: "I hava another question for Mr,
Robbins, If this site plan were to be approved tonight and
indeed the fence is clearly included I
regardless of vt+ethec we added the other languageaor note we're
talking about apeclficall plan
plan as Presented on the ac n.thWhatnareithe ~oqulrenntssfor in the it,*
maintenance of that fence over time? enforced? HOW can that be
rovis
city to enforce those oq ire
mente?ns that we can utilize as a
Prank Robbins: "Sure. If it's. if it's a
case wall or any other kind of development, it ouldebe in this
r
a detail Plan that ve would a `
maintained and if it became pPCOVe that would have part of
~
'I tailed to serve the dangerous or fell down andto be
faled ...intended !t tourPose for which vs i lust
ordinance, it would be s be at the time ntendad he
zoning violation." we approved the
{ Council Member Alexander: "Okay,
it
violation and could be enforced as such In that co text.. toning
Prank Robbins: "That is correct."
Council Member Alexander: « ~
Attorney, into the remainder ofathe thatincorporated
Madam
not 'rt of
this site Piao as presented here tons ht? not a
about the technical aspects there, too." g Because IPavocry
D#bca
require r n
aything b
"Ne can require, or the City council can
the caveat that eaclle1 statedc•' A... again. I wouldn't know
Mayor Stephens; »0kay. Any further comments, questions. What
is the pleasurd of the Council concerniag,...■
Council Member Boyd: ,Let me ask.•..■
Mayor Stephens:
this item. yes sir."
Council Member Boyd: "...as a
as was the attorneys cecomaenditi n with nrogacdroto votiogaon
this before we have precise Lanquage7"
9-2b
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City of Denton city council Minutes 1 5 5
September 5, 1999
Page 29
I~ Debra Drayovitch "Council Member Boyd, prior to I think your
election as Council Member in planned development zoning
` ordinances this is exactly what the Council used to do, I
` think that Mayor Stephens and Council Member McAdams will
thatmbwas a he I Council
vou14 ivote on, t i a principal
x ordinance, but
sometimes the larger Planned Developments were, and direct the
city Attorney to prepare the appropriate instrument to btinq
back at the next meeting. And that practice does have
precedent. A...."
i
wasnunsuitable..D■yd "Okay. At that point, it the language
Debra Drayovitch: "That's correct..
Council Member BoYd. C'
it (inaudible)"
Debra Drayovitch: "But
for a public hoarinq andy a satisfied your legal requirement
generally the original vote hasalwas t boon h followed. iven
minor differences in or variations in working out the wording
on a particular section. Does that answer your question?*
Council Member Boyd: "Yes, it does."
Mayor Stephens: "Okay, what is the
thiocil concernin this pleasure of the City
g proposal for a Planned Development in 1.77 Nurse y rotherwise knows as~1 theoPop Bo sores adjacent to Kneed
additional...." P Y proposal? Do you need
Council Member McAdams: "Mr. Mayor, in order just to provide
some noise? 1 will move denial of the request."
Mayor Stephens: "xe have a motion tot denial. Is there a
second?"
council Member Hopkins: "Mayor Stevens...,"
Council Member Aysc: "I'll second the motion."
Mayor Stephens: "A motion and a second, A motion tot denial.
is there discussion by the Council?"
Council Member Gorton: "Me. Mayor?"
Mayor Stephens: "UN."
Council Member Gorton: "On a motion foe denial, does that also
requite the 20% rule or a simple majority?"
Mayor Stephens: -That's why we have a Parliamentarian here."
9-27
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+ 5 6 City of Denton City Council Minutes
September S. 1989
Page 30
Debts Drayovitch: "I'm trying to think it this has every come
up before. As in many issues in this case, I haven't faced
this particular one, but I woull se:ume that by default only a
majority would be necessary."
Mayor Stephens: "Motion and a second for denial. Is there
further discussion? It not, the Council will now vote."
NOTE: THIS ENDS THE VERBATIM TRANSCRIPTION OF THE MINUTES.
The following ordinance was considered:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE APPROVAL OF A PLANNED DEVELOPMENT DISTRICT
DETAILED PLAN FOR 1.727 ACRES OF LAND LOCATED ON THE
1-35 SERVICE ROAD, ADJACENT TO WOLFE NURSERY,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2000.00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Ayer seconded denial of the request. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "nay," Gorton
"nay," Ayer "aye," Boyd "aye,' and Mayor Stephens "aye."
Motion carried with 5-2 vote.
i
B. ' The Council held a public hearing and considered
adoption of an ordinance amending Appendix B-Zoning of the Code
of Ordinances of the City of Denton. Texas, by adding a new
Article 288 to provide for regulations toe the Oah-Hickory
Historic District, including architectural, sign, and parking
regulations. (Historic Landmark Commission and Planning and
zoning commission recommend approval.)
The mayor opened the public hearing.
Mike Cochran, Chairman of the Historic Landmark Commission,
spoke in favor of the ordinance. The Commission felt that this
ordinance would fine tune the Historic District's ordinance to
provide toe codified regulations in this area. Problems that
had been identified by Council and explained in the detail in
the Work Session had corrected the deficiencies of the
ordinance.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
9-28
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Attachment 10
PLANNING AND ZONING AND JOINT VENTURE COMPARISON
Item Plennin and Zonin Joint Venture
I 1
Building footprint k Same. Same.
walls, parking, site I
j layout.
Uses I a. Many retail/service uses, Auto parts store and auto
I including auto parts and service, only. No
I service and offices. muffler or seat cover
j I b. No or seat cover work. work.
I c. Engine, transmission and cd
I auto body work
I restriction. I
E d. No used merchandise sales.
I
Number of auto I Nine 01. Nine 191.
service bays. I
I
Noise mitigation. I a. 8' concrete wall. a. 8' concrete wall.
I b. Row of shumard oaks. b. Row of shumard oaks.
I c. Bays face 1-35. c. Bays face I-35.
d. No power wheel/tire
I equipment operation on Note: Objects to
I weekends and before d. and Does not
1 9 am and after 7 pm. object -.o f. but f.
I e. service bay door closing is not part of their
1 7 pm and 9 am, daily. petition.
I f. Peak noise not to exceed
I{ I 68 decibels.
Building facade. I No recommendations. Addendum 2 to the Joint
I Venture's Development
1 standards shows a build-
ing elevation and its
1 colors.
I
Other conditions. I a. No out of building a. No out of building
I auto service work. work.
I b. Construct wall before b. Does not object to
I building permit for building the wail
1 building. first, but not part
I of petition.
c. Proposes to extend
the wall to behind {
Mervyn's.
1
Signage. 1 15' tall, 150 square foot More detail as shown in
I pole sign. Sign Lighting Addendum,
I 15' tall, 150 square
I foot pole sign.
1 ~
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1 ,
y!. t4F'.M~y
r ~rxn.ts~
Attachment 10
Planatng and Zoning and
Joint Venture Comparison
Page 2
J
Item Planning and Zoning Joint Venture
1 1
Landscaping. I Same as P 6 Z, except
additional landscaping
I has been added along the
east side of the build-
ing for an additional
I 325 square feet more
landscaping. 11
r:
Sidewalks. 15 feet wide next to All sidewalks are 5 feet
I retaining wall which wide.
I is taller than 2 feet.
I
I
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i
Summary of Differences
f
1. Planning and zoning's has more retail uses and adds offices.
2. Planning and Zoning has two conditions which the Joint Venture objects to:
the bay closing times and the power equipment restrictions.
3. The Joint Venture detailed plan shows more landscaping.
4. The Joint Venture proposes adoption of a building elevation and sign
illumination standards.
5. The Joint Venture proposes to build an extension of the wall on the
residential side to the creek behind Mervyn's.
6. The Joint Venture has restrictions on engine, transmission, auto body work
and prohibits sales of used merchandise.
i
1892e
J~
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1
1
IIF-
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1
w.yw., J.M... It i wss..W, NA
1 H/r
i
$I concrete wall
i
Shop masonry wags
store RssidsMlal PNlphborhood
Section cut through building A. neighborhood to the rear
4--YRealdences beyond wa11y
JRetaining weg drive _
Service bays facing 1-35
r
PEP 80YS DENTON, TEXAS
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DATE: 01/08/91
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council ~beJ(
FROM: Lloyd V. Harrell, City Manager 1
SUBJECT: Z-90-010 COTI JOINT VENTURE
RECOMMENDATION:
Planning and Zoning Commission recommends approval of Z-90-019 with
the conditions attached (6-01.
SUMnARY:
The applicant is requesting approval of rezoning a 14.198 acre tract
of land from Agricultural District to Planned Development District
for the purpose of a mixed use development.
BAC.KGROUND:
See 'Hlstorv' in P&Z Report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
- r
Neighbors to the development and users of Riney Road between Hwy. 77
and Bonnie Brae.
I
FISCAL IMPACT: E
N/A
Respec lly subml t d:
Prepared by: Ll yd Harrell
City Manager
Xa en K. Feshari
Urban Planner
Ap d: .
/ i
rank obb s, AICP
Executive Director
Planning and Development
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PLANNING AND ZONING COMMISSION REPORT
To: Mayor and City Council
Case No.: Z-90-010 Meeting Date: January 8, 1991
GENERAL INFORMATION
I~
Applicant: COTI Joint Venture
3811 Turtle Creek Blvd, Suite 1950
Dallas, TX 75219 C~
Current Owner: T. Kirk May, Owner and Representative
Requested Action: Rezune 14.198 acres from "A" Agricultural
District to "PD" Planned Development
District for combined uses of multifamily,
and general retail and other type uses as
listed in Attachment 4. O
Current Zoning: "A" Agricultural District
Ii Location and Size U.S. acres
Highway located 77 at a its the southwest
intersection corner
with
of
Riney Road.
Surrounding Land Use and Zoning:
I~ North - "LI" - Texas Instruments.
South - "A" - Mostly vacant land with some single family
t detached houses.
M East - "A" - Mostly vacant land with some single-family
detached houses.
'Rest - "A" - Vacant land (formerly a drive-in theatre).
Denton Development Plan:
I
Low Intensity Area
SPECIAL INFORMATION
Transportation: i
1. The applicant is proposing to realign Riney Road from
US. Highway 77 through the development. The existing
Riney Road to the east of where it intersects with the
realignment should be abandoned prior to recordation of a
plat for this area and before development begins.
1
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1A"V?D~
F (Case Z-90-010)
Page Two
2. 41 foot back to back street section will be
required for Piney Road along perimeter and through
the development. g
3. The proposed driveways throughout the development
must be a minimum of 24 feet in width.
4. Developer should be aware of federal handicap
accessibility requirements which will apply to most
apartments occupied for the first time after
March 13, 1991.
5. Inside radius of the tirs lane, internal access
turn around must be 37 fret. i~
I 6. If this plan is appreved, all multifamily buildings
will need an automatic fire protection system c-~+
(sprinklers).
Utilities:
1. A 20 foot utility easement will be requested along
US Highway 77. This will be addressed during the
platting process;
I, f 2. The applicant may connect to a 1611 water line
located at Riney Road, east of US Highway 77.
3. An 1811 sanitary sewer line exists to the cast of
1 the property. The pruposed sanitary sewer layout
and grade will be dependent on the lot layout.
Elevation of existing sewer will need to be
verified for pproviding service to the lots. This
I~ will need to be resolved prior to platting the
property.
Drainage:
There needs to be drainage improvements along the west side
of the site. An underground pipe system will be required.
The master drainage plan shows a 5411 concrete pipe. This
will be addressed during the platting process.
HISTORY
Between February and August of 1988, the Planning and Zoning
Commission conducted three work sessions to discuss the
2
(Case Z-90-010)
Page Three
"Northwest Denton" project in which a request was for Intensity
change of approximately 73 acres was discussed extensively. The
request was to change the intensity from low to moderate for
land west of Bonnie Brae, south of US Highway 77 and north of
Riney Road. This site was included in the requested intensity
change. The consensus of the Planning and Zoning Commission was
to leave this area in the low intensity area, though no official
action was taken during these discussions.
Some Issues that were discussed by the Coumissioners and
citizens at these work sessions were: adequate buffer between
residential uses and any proposed high density residential and
retail type uses, addition of hike and bike trails in the area;
traffic mitigation measures; and the concern of this area i
becoming another University Drive.
The applicant has taken all of these issues into account and has
submitted a design addressing these concerns.
On November 28, 1990, the Planning and Zoning Commission
recommended approval of the proposed rezoning with specific
conditions as recommended by the staff.
i
i
ANALYSIS
] This property is located in a low intensity area. According to
the Denton Development Plan, the primary purpose of a low
Intensityy area is to ensure the overall land use/transportation
balance by controlling the overall density and intensity. The
Plan encourages diversity and neighborhood protection. Low
density residential uses, small scattered sites of apartments,
and non-residential uses are encouraged subject to the following
limitations:
1. Plan "Strict site plan control".
The applicant has submitted a concept plan which resembles
that of a Village Concept theory. As described in the
Denton Development Plan, Village Concept Is used to describe
the relationship between a center and its service area. The
center Is the HUB for a wide range of activities including
commercial/retail, community services and facilities and
employment.
The property is located directly across U.S. giighway 77 from
Texas Instruments, a major employer for Denton citizens.
The concept plan is designed to encourage pedestrian
orientation versus automobile dependency mostly to those
employees of Texas Instruments. The location of the
proposed retail along the frontage and the apartments
scattered throughout the remainder of the site with over 35
percent of the site being open space is a representation of
(Case Z-90-010)
Page Four
what the Denton Development Plan encourages. The Concept
Plan delineates a realignment of Riney Road cutting through
this site from US Highway 77. (The applicant is aware that
he will need to request abandonment of a portion of Riney
Road from the intersection of the proposed realignment east
to U.S. Highway 77.)
2. Plan "Traffic design to ensure that multifamily and
nonresidential uses have access to collector or larger
arterials with no direct access through residential streets."
As defined in the Denton Development Plan, multifamily is
that which has a density of 1? vaits per acre or more;
therefore, because the density of this site is less than 12
units per acre, this criteria need not be addressed.
However, there are no curb cuts shown off of U.S. Highway
77. The proposed realigned Riney Road through the site has
been designed adequately to handle the traffic from this
development between U.S. Highway 77 and Riney Road.
3. Plan "The overall density/intensity standard is not
v-mated."
] The density of the proposed apartment units is 11.9 dwelling
units per acre. The Denton Development Plan defines
multifamily housing as apartment developments with density
of 12 units or more per acre. The applicant is proposing
124 units to be located in nine buildings abutting a primary
arterial. The Denton Development Plan allows up to 150
units to have direct access to primary or secondary
arterials.
Intensity Area #20 is currently 73 percent allocated (see
attachments) with 8079 unallocated trips. The proposed
rezoning will generate approximately 3040 intensity trips,
which exceeds the proportionate share by 2188 trips
(3040-852.2188)
In this case, the Denton Development Plan requires that a
determination should be made as to whether there are
planning considerations that would warrant approval of a
disproportionate allocation of intensity.
a. Location and use relative to existing and planned
development.
This site has frontage on U.S. Highway 77, a primary
arterial street. South of this site is Riney Road in
which a portion will be realigned and a portion
abandoned. It's location is convenient for the
f
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(Case 2-90-010)
Page Five ;
extension of water and sewer lines in the future.
Drainage of the site will need to be mitigated
through a pipe system on the western boundary.
b. Topography and environment in the planning area.
There is no unusual topography or major
environmental features in this area that would
constrain the development of this site.
C. Compatibility with existing and future land uses.
This site is located directly across U.S. Highway
77 from Texas Instruments. The surrounding land
uses do include some scattered single-family
dwellings; however, the majority of the surrounding
area is vacant.
d. Other policies.
j The requirements of the Sign and Landscaping
Ordinance will apply. Landscaping, as shown on the
Concept Plan, exceeds the current requirements of
the Landscape and Tree Preservation Ordinance which
should miti?ate any strip commercial appearance.
Curb cuts will be permitted as shown on the Concept
Plan, if approved.
i
The location and configuration of this tract
warrants the allocation of a disproportionate share
of intensity.
4. Sufficient green space, recreational facilities and
diversity of parks are provided:
There is approximately 35 percent of this site designated as
open space. The development represents an abundance of
landscaping features as well as hike and bike trails located
throughout the site.
The proposed development complies with the separation
policies as stated in the Denton Development Plan for the
location of neighborhood service centers.
The proposed development conforms to the Denton Development
Plan policy for entranceways as shown on the Concept Plan:
a. Strict compliance with the Sign Ordinances.
b. Provide attractive landscaped frontage.
I
C. Require minimal curb cuts with emphasis on the internal
circulation of traffic on site.
I
4
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(Case Z-90-010)
Page Six
RECOMMENDATION
The Planning and Zoning Commission recommends approval of
Z-90-010 subject to the following conditions:
1. If that portion of Riney Road between Hwy. 77 and the new
portion of Riney Road to be constructed through the district
is abandoned by the City prior to the issuance of a
certificate of occupancy for any building in the district,
then the pavement along that portion of the abandoned road
shall be excavated and disposed of at a location approved by
the City prior to the issuance of any certificate of
occupancy.
~J
2. The hike and bike trails as shown on the Concept Plan be
dedicated as an easement during the platting process.
3. If. this plan is approved, all multifamily buildings will
need an automatic fire protection system (sprinklers).
4, Parking spaces shall be shown on the Detailed Plan. No
certificate of occupancy shall be issued for any use unless
sufficient parking is provided for that use in accordance
with the parking requirements of Article 15 of Appendix
8-Zoning, li
ALTERNATIVES
1. Approve petition
2. Approve petition with conditions 1
3. Deny petition
4. Delay consideration
5. Give direction to staff and return the item to P&Z for
further consideration.
I
ATTACHMENTS
1. Location Map I
2. Concept Plan
3. Development Standards
4. List of Permitted Uses
5. Intensity Area
6. Intensity Area Map
7, Planning and Zoning Commission Mirrites
2470x
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ATTACHMENT 1 -
Z-90-010,
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i CunkvVail%Ilan GOOD FULTON A FARRELL ARCIIfI'ECIS
I U5 T~& RInry Road C01'1 Joint Venture
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III
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ATTACHMENT 3
DEVELOPMENT STANDARDS
CONCEPT PLAN
DETAILED PLAN
1. Statement of'Intent of Owner:
Our intention is to attempt to zone the property which will allow us to
develop a mixed-use project consisting of vary low density multi-faailys along
with a small amount of general retail development to provide services to this area
of Denton.
Ii
2. statement Indicating Relation to Denton Development Guides rj
Is in compliance with the Denton Development Plan.
3, Total Number of Acres in Proposed District:
14.198 acres '
i. Land Uses and Total Number of Acres in Each Parcel or Tract: r
Total Proposed Acreage
a. Slagle family Detached
b. Single fnily Attached (townhouses, cluster, etc.)
c. Attached Patio/Oarden/tero Lot Line
d. Duplex
e. Multi-family 10.4 acres
f. Office
g. Heighborbood Service
h. General Retail 3.0 acres
i. Commercial
J. Light industrial
k. Heavy industrial
1, other (specify) Right-of-way Dedication .798 acre
3-1
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1
0
1
Development Standards
?age 2 jJ
S. off-Site information-- adjacent or surrounding land uses, zoning# streets, /
drainage facilities, and other existing or proposed improvements.
(Shown on concept or detailed plan.) See attached plat.
6. Traffic and Transportation - indicate existing and proposed streets, parking lots,
loading areas, access points. (shown on concept or detailed plan.)
See attached plat.
Projected Traffic Generation- (Based on traffic study, if requited.) r
124 units z 10 1.240 3 acres retail x 650 a 1,950 trios
7. Buildings:
a. Approximate location. (Shown on concept cc detailed plan.)
b. Maximum heights
2 story )
C. Minimum setbacks (Shown on concept or detailed plan.)
25 feet
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d. Maximum gross floor area (square feet) foe noncesidentials
10.000 square feet per acre
0. Residential Subdivisiost
A. Number of units pet acre (density)s
11.9 units er scr•
b. Number and loeatiom of lots (Shown on concept at detailed plan.)
See attached lat.
e. Minimum size, width and depth of lotst (Shown on concept or detailed plan.) '
See attached lat.
d. Minimum front, side and rest yard setbacks: (Shown on concept cc detailed plan.)
25 feet front
met side yet
eat rear yard
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Development Standards
Page 3
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9. water and Drainage -'approxlmnta location of all existing or proposed creeks,
ponds, lakes, floodplains, other water retention or major drainage facilities
and improvements. (Shown on concept or detailed plan.)
See attached plat.
10, utilities - location of all major sewer, water or electrical lines and facilities.
(Shown on concept or detailed plan.) See attached plat.
11. Location of trees 3' in diameter - six (61 feet from ground level.
(Shown on concept or detailed plan.)
No trees are currently on the site,
120 Open Space - location and size of greenbelta, parks, common and recreational areas.
(Shown on concept or detailed plan.)
See attahad slat Nota the hike and hike trail.
13. Screening - location, type and size of all fences, berms or screening features.
(Shown on concept or detailed plan.) t
Sae attached olat, - t
144 Development Schedule (concept plan) - showing specific data detailed plan will
be submitted, date to start construction and complete (04-Atruction, and rate of
development, All dates should indicate month and year.
Due to the uncertainty of the market conditionss we feel that we would need
a period of approximately 10 years to completely build out this development.
Therefore, December. 2000.
ADDITIONAL RZQUIRZ12MTS TOR A DCTAIL&D PWM
IS. Landscaping Plan - major features and types of landscaping to be used.
A combination of rreen trear shr~huv aleaa vich ern,+„a ~ev.r 1neLla+++e
flowers. A hike and bike trail will also be incorporated into the property.
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Development Standards
page 4
16. signs - show location, type and size on detailed plant otherwise, signs must
conform to Article 17 of the Toning Ordinance.
There will be no unusual sianaee and will certainly conform to Article 17
of the City of Denton Zonine Ordinances.
17. Sidewalks. (Shown on detailed plan.)
See attached plat. i'
18. All information required for preliminary plat in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances,
(A separate plat is required.)
Will be included with detailed plan.
19. Development Schedule (detailed plan) - indicating start and completion of
construction and the rate of development. All dates should indicate month
and year.
Will be included with detailed plan.
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ATTACKMENT 4
` General Retail - Permitted Uses
Audio/Video Store
Convenience Store
Card Shop
Book Store
Jewelry Store
Bakery
Office Supply Store
Instant Printing
Florist or Garden Shop
Electronics Store
Bicycle Shop
Runner's Store 61-
Restaurant - Sit Down
Restaurant - Drive Through
Clothing Store
Cafeteria
Auto Parts Store (No Repair)
Antique Shop
Pawn Shop
Ice Cream/Yogurt Store
Handicraft Shop
Retail Clothing Store j
Donut Shop
Sporting Goods Store
Hardware Store
Gift Shop
Barber and Beauty Shop
Camera Shop
Drug Store
Hobby and Art Supply Store
Optical Shop
Other Tunes of Pg~„~ ed
Laundry/Dry Cleaners
Business School
Professional/Administrative Offices
Medical Offices
Financial Institution
Day care center
Health Studio
Low Intensity Technology and Assembly
Safe Deposit Boxes
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ATTACHMENT 5
INTENdITT AREA ♦ 20 el:z 503.27 ACRES
I
BOUNDARY DESCRIPTION
Ills East: Highway 77
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West: Bonnie Brae
South: Windsor Drive
h~
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Ij WIMOSOR DRIVS + Q
SCALI
0 1000 2000
® GTf M EuR rm rf"$
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77
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ATTACHMENT b
LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT
OENTON DEPARTMENT
CITY OF
Intensity tripe/ac 6C
Intensity area b 20---_ Type:
'Craffic survey zones: 6682A 6683
Boundary Description: South: Windsor Dr.
Date: 11/21/89 West: Bonnie Brae
EXISTING LAND CURRENT ZONING _ PLANNED DEVEL0PHENTS. USE
ITS INTENSI
A USE
t
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UN
°---------------0----------------------------
0
SF-16<23 14008 230 0 0 100 31 31(
SF-10116 1 0.22 10 18.94 795.48 .6 0
t
LESS S0 F-7 0 0 0 0 U 0 0 0
LESS S
MOB.HOMES 1 0.65 10 0 0 0 0 0
DUPLEX 0 0 0 372 3.5 80 64t
MF-R 0
0 0 0 1.8 0
CCM/RET 0 0 392 0 0 0 0
OFFICE 0 1.120 0 0
I NAL 0 0 0
I INDUSTRY 0 10.58 899.3 0 0 0 0
PARKS RKS 0 209.01 6030.30 0 0 0 0 0
0 0
R/0/SPACE 0 9.25 0 O 0
TRANSPORT 0 23.23 0 191.37 0
AGRIC VACANT . 0 0 0 0 0
0 240.37 0 14.1 `i
_
TOTAL _?-_67_2___-_22_-6.-.27___---1167 14.1 111 95(
----2-9 503.27
Y
INTENSITY CALCULATIONS
f ---------_-•--_-_-__503.27 times 60 3019
I (1) Intensity area total trips 767:'
'
(2) Trips allocated to existing land use 211',:
(3) Trips allocated to crarrent coning inol. P plus Atgqrio@ Zoning 1232(
(4) Trips allocated to vacant lands not zoned plus 807;
(5)) Estimated unallocated intens.ty tripe
(6) Percentage of intensity trips allocated--------------------------------
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ATTACHMENT 7
P&Z Minutes
November 28, 1990
Page 4
Decision: It was moved by Mr. Appleton, seconded by Mr.
Kamman, and unanimously carried (5-0) to recommend approval of j
H-90-001.
IV. Z-90-010 Hold a public hearing to consider rezoning 14.198
acres from Agricultural District to Planned Development
District on property located at the southwest corner of US
Highway 77 at its intersection with Riney Road for the purpose
of a mixed use development of multi-family, office, and
general retail.
C.
Twelve letters were mailed to property owners within 200 feet,
one was received in favor, and one was undecided about the
request.
Staff Report: Ms. Feshari presented the staff report
(attached) and showed the Commission slides of the site.
Mr. Kamman asked the purpose of the road realignment. I
Mr. Salmon explained that according to the Subdivision
Regulations, a development must access off of a lesser road if
possible. The current alignment of Riney Road at Highway 77
causes a sight and distance problem. The new alignment will r
ba at the Texas Instruments (TI) signal light. Riney will be
a collector street, 41' back-to-back. The abandoned section
will be divided down the center and revert back to the
property owners on either side. J
Ms. Brock asked if the light will operate to allow pedestrian 1
access.
Mr. Salmon said that it has not been addressed.
Ms. Brock asked about the surface of the hike and bike trails.
Mr. Salmon said that the trails will be in an easement and
will have a durable surface, possibly asphalt or sealed
gravel. This system is an alternative too sidewalks anti will
be finalized at the detailed plan stage.
Mr. Appleton asked if any expansion of Riney Road west to
Bonnie Brae is planned.
Mr. Salmon said not at this time.
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PbZ Minutes
November 28, 1990 1
Page 5
7
petitioner: T. Ki;:k May stated that he is one of two owners.
They worked with r.Laff to determine a design which is low
density. Close to 40% is open area. The hike and bike trails
are extensive and encourage pedestrian access. They have
tried to keep within the neighborhood aspect with traffic to
a low point. They have no problem with the staff conditions
but is not sure of the time table for development.
in favor: Sam Marino stated that he owns 12 acres and is
pleased to see the change in the road alignment. The current
alignment is dangerous. He said that the plan looks batter
than he had anticipated.
Opposed: none present.
Recommendation: Ms. Feshari said that staff recommends
approval with conditions as noted in the staff report. Shia
asked if the Commission would like to see the corrected site
plan prior to submission to the City Council.
Ms. Brock said that the Commission would be satisfied if the
changes are made prior to the hearing by City Council. She
closed the public hearing.
Decision: Mr. Kamman said that he is concerned about traffic t'
from TI.
Ms. Brock said that she thinks the realignment will be an
improvement. If the road were left in its present condition,
another signal light on Highway 77 would be necessary.
Mr. Glasscock moved to recommend approval of Z-90-010 with
conditions as listed by staff. Seconded by Mr. Appleton and
unanimously carried (5-0).
V. Z-90-009 Hold a public hearing to consider a detailed plan
and development standards for a part of Planned Development 6
on 1.73 acres of land located near the intersection of I-359
and Dallas Drive next to Wolfe's Nursery. Proposed uses are
an automobile service garage, offices, and retail stores over
4,000 square feet in size.
Twenty percent or more of the reply forms sent to property
owners within 200 feet of the site were returned in opposition
to the petition.
Staff Report: Mr. Robbins presented the staff report
(attached). He added that staff is suggesting that the City
become a petitioner for uses at the site.
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ATTACHMENT 01 TO MINUTES
STAFF REPORT
7
To: Denton planning and Zoning Commission
Case No.: Z-90-010 Meeting Date: November 28, 1990
GENERAL INFORMATION
Applicant: COTI Joint Venture
3611 Turtle'Creek Blvd, Suite 1950
Dallas, Tx 75219 G:
Current Owner: T. Kirk May, Owner and Representative
Requested Action: Rezone 14.198 acres from 'A' Agricultural
District to 'PD' Planned Development
District for combined uses of multifamily
and general retail and offices.
Current Zonings 'A' Agricultural District
Location and Sizes of.U9S.aHighwayc77eataitshintersectioncwithr
Riney Road.
Surrounding Land us* and Zoning: +I
North - 'LI' - Texas Instruments.
South - 'A' - Mostly vacant land with some single family 1
detached houses.
East - 'A' - Mostly vacant land with some single-family
detached houses.
West - 'A' - Vacant land (formerly a drive-in theatre).
Denton Development Plans
Low Intensity Area
SPECIAL INFORMATION
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Transportation:
1. The applicant is roposing to realign Riney Road from
U.S. Highway 77 through the development. The existing
realignmenttshould betabandoned at rherequestwofhthe
applicant, prior to recordation of a plat and before
development beginsf
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(Case 2-90-010)
Page Two,
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2. Driveways should be lined up across from each other
on proposed realigned Riney Road;
3. 41 foot back to back street section will be
required for Riney Road along perimeter and through
the development. j
4. The proposed driveways throughout the development
must be a minimum of 24 feet in width.
5. Developer should be aware of federal handicap
accessibility requirements which will apply to most
apartments occupied for the first time after
March 13, 1991.
6. inside radius of the fire lane$ internal access
turn around must be 37 feet.
~ 7. If this plan is approved$ all multifamily buildings
will need an automatic fire protection system
(sprinklers). t
utilities:
1. A 20 foot utility easement will be requested along
US Highway 77. This can be addressed during the
platting processl .1 i I )
2. The applicant may connect a 16' water line located
at Riney Road, east of US Highway 77.
3. An 18' sanitary sewer line exists to the east of
the property. The proposed sanitary sewer layout
and grade will be dependent on the lot layout.
Elevation of existing sewer will need to be
verified for providing service to the lots. This
will need to be resolved prior to platting the
property,
Drainagef
There needs to be drainage improvements along the west side
of the site. An underground pipe system will be required. '
The master drainage plan shows a 54' concrete pipe. This
will be 3d'dre'ased during the platting process.
t HISTORY
Between February and August of 1988, the Planning and Zoning
Commission conducted three work sessions to discuss the
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{Case Z-90-010)
Page Three
'Northwest Denton' project in which a request was for intensity
change of approximately 73 acres was discussed extensively. The
request was to change the intensity from low to moderate for
land west of* Bonnie Brae, south of US Highway 77 and north of
Riney Road. This site was included in the requested intensity
change. The consensus of the Planning and Zoning Commission was
to leave this area in the low intensity area.
Numerous citizens attended this workshop to voice their concerns
about future development of this area. Some issues that were
discussed by the Commissioners and citizens were: adequate
buffer between residential uses and any proposed high density
residential and retail type uses, addition of hike and bike
trails in the area; traffic mitigation measuresp and the concern
of this area becoming another University Drive.
The applicant has taken all of these issues into account and has
submitted a design addressing these concerns.
ANALYSIS
This property is located in a low intensity area. According to
the Denton Development Plan, the primary purpose of low
intensity area is to ensure the overall land use/transportation
balance by controlling the overall density and intensity. The
Plan encourages diversity and neighborhood protection. Low
density residential uses, small scattered sites of apartments,
and non-residential uses are encouraged subject to the following
limitations:
1. Plan 'Strict site plan control'.
The applicant has submitted a concept plan which resembles
that of a Village Concept theory. As described in the
Denton Development Plan, Village Concept is used to describe
the relationship between a center and its service area. The
center is the BUS for a wide range of activities including
commercial/retail, community services and facilities and
employment.
The property is located directly across U.S. Highway 77 from
Texas Instruments, a major employer for Denton citizens.
The concept plan is designed to encourage pedestrian
orientation versus automobile dependency mostly to those
employees of Texas Instruments. The location of the
proposed retail along the frontage and the apartments
scattered throughout the remainder of the site with over 35
percent of the site being open space is a representation of
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{Case 2-90-010) `
Page Four
what the Denton Development Plan encourages. The Concept
Plan delineates a realignment of Riney Road cutting through
this site from US Highway 77. (The applicant is aware that
he will 'need to request abandonment of a portion of Riney
Road from the intersection of the proposed realignment east
to U.S. Highway 77.)
2. Plan 'Traffic design to ensure that multifamily and
nonresidential uses have access to collector or larger
arterials with no direct access through residential streets.'
As defined in the Denton Development Plan, multifamily is
that which has a density of 12 units per acre or mores
therefore$ because the density of this site is less than 12
units per acre, this criteria need not be addressed. There G.
are no curb cuts shown off of U.S. Highway 77. The proposed
realigned Riney Road through the site has been designed
adequately to handle the traffic from this development
between U.S. Highway 77 and Riney Road.
3. Plan 'The overall density/intensity standard is not.
TFated.'
The density of the proposed apartment units is 11.9 dwelling
units per acre. The Denton Development Plan defines
multifamily housing as apartment developments with density
of 12 units or more per acre. The applicant is proposing
124 units to be located in nine•6uilding abutting a primary
arterial. The Denton Development Plan allows up to 150
units to have direct access to primary or secondary
arterials.
Intensity urea 020 is currently 73 percent allocated (see
attachments) with 8079 unallocated trips. The proposed
rezoning will generate approximately 3040 intensity trips,
which exceeds the proportionate share by 2188 trips
(3040-852.2188).
In this case, the Denton Development Plan requires that a
determination should be made as to whether there are
planning considerations that would warrant approval of a
disproportionate allocation of intensity.
a. Location and use relative to existing and planned
deveUpmeht.
This site has frontage on U.S. Highway 77, a primary
arterial street. South of this site is Riney Road in
which a portion will be realigned and a portion
abandoned. It's location is convenient for the
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(case Z-90-010)
Page Five
t extension of water and sewer lines in the future.
' Drainage of the site will need to be mitigated
through a pipe system on the western boundary. i
b. Topography and environment in the planning area.
There is no unusual topography or major j
environmental features in this area that would
constrain the development of this site.
I c, compatibility with existing and future land uses.
This site is located directly across G.S. Highway
77 from Texas Instruments. The surrounding land
uses do include some scattered single-family
dwellingsf however, the majority of the surrounding
area is vacant.
d, other policies.
The requirements of the Sign and Landscaping
Ordinance will apply and landscaping exceeds the
current requirements of the Landscape and Tree
Preservation Ordinance which should mitigate any 1
strip commercial appearance. Curb cuts will be
permitted as shown on the Concept Plan$ if approved.
h
The location and conEiguratiori of this tract ~
warrants the allocation of a disproportionate share
of intensity.
4. Sufficient green space$ recreational facilities and
f
diversity of parka are provided
C There is approximately 35 percent of this site designated as
open space. The development represents an abundance of
landscaping features as well as hike and bikf trails located i
throughout the site.
The proposed development complies with the separation
policies as stated in the Denton Development Plan for the
location of neighborhood service centers.
The proposed development conforms to the Denton Development {
Plan policy for entranceways as shown on the Concept Plant
a. Strict compliance with the Sign Ordinances.
b. Provide attractive I.andecaped frontage.
C. Require minimal curb cuts with emphasis on the internal
circulation of traffic on site.
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Page Six
RECOMMENDATION ,
Staff recommends approval of 2-90-010 subject to the following
conditions;
1. The list of permitted uses being made part of the approved
ordinance.
2, in list of permitted, uses, that a 'sit down restaurant' and i
'cafeteria' be deleted or that the square footage of the
building accommodating 'sit down restaurants' or
'cafeterias' be decreased in order to meet minimum parking
and landscaping requirements.
3. The private drives throughout this site shall be a minimum
of 24 feet in width.
4. The curb cuts on the roosed directly opposite of each othereandgnot offset. be
5. The existing Riney Road from the intersection with the
proposed realignment of Riney Road east to U.S. Highway 77
be abandcned, at the request of the applicant, prior to plat
approvals,
6. The note about the 6' water line at Terlingua and
U,S. Highway 77 to be extended be deleted from the Concept +
Plan,
7. The hike and bike trails as shown on the Concept Plan be r
dedicated as an easement during the platting process.
8. Inside radius of the fire lane, internal access turn around
must be 37 feet, I~
9. if this plan is approved, all multifamily buildings will
need an automatic fire protection system (sprinklers).
ALTERNATIVNB
1. Approve petition
2. Approve petition with conditions
3. Deny petition
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 14.198 ACRES OF LAND LOCATED
AT THE SOUTHWEST CORNER OF U.S. HIGHWAY 77 AND RINEY ROAD; PROVID-
ING FOR APPROVAL OF A CONCEPT PLAN FOR THE DISTRICT; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, COTI Joint Venture has applied for a change in zoning
for 14.198 acres of land from agricultural (A) to planned develop-
ment (PD) zoning district classification and use designation and
for approval of a concept plan for the district; and
WHEREAS, on November 28, 19901 the Planning and Zoning commis-
sion recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning and
approval of the concept plan will be in compliance with the Denton
Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 14.198 acres of land described in Exhibit A,
attached to and incorporated into this ordinance by reference, is
changed from agricultural (A) to planned development (PD) zoning
district classification and use designation+l.nder the comprehensive
zoning ordinance of the City of Denton, Texas.
SECTION II. That Exhibit B, attached to and incorporated into
this ordinance by reference, is approved as the Concept Plan for
the district in accordance with article 11 of Appendix B-Zoning of
the Code of Ordinances.
SECTION iIT. That the district shall be subject to the follow-
ing conditions:
f 1. The hike and bike trails shall be dedicated to the public
on the final plat of the property.
2. Parkinq spaces shall be shown on the detailed plan. No
certificate of occupancy shall be issued for any use unless
sufficient parking is provided for that use in accordance
with the parking requirement of article 15 of Appendix B-
Zoning.
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3. All multi-family buildings shall have automatic fire 1
sprinkler systems for fire protection.
4. If that portion of Riney Road between Highway 77 and
the new portion of Riney Road to be constructed through
the district is abandoned by the city prior to the j
issuance of a certificate of occupancy for any building
in the district, then the pavement along that portion
of the abandoned road shall be excavated and disposed
of at a location approved by the City prior to the
issuance of any certificate of occupancy.
SECTION IV. That the City's official zoning map is amended to
show the change in the zoning district classification.
SECTION V. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the require-
ments thereof, or of a permit or certificate issued thereunder,
shall be guilty of a misdemeanor punishable by a fine not exceeding
Two Thousand Dollars ($2,000.00). Each such person shall be deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon conviction of any such violations such
person shall be punished within the limits above.
SECTION VI. That this ordinance shall become effective immedi-
ately upon its passage and approval.
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PASSED AND APPROVED this the day of , 1991.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: ~
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~ It
BY:
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nr EXHIBIT "A" a'os.-r
A11 Uut rcitain tract c: F~ r:el o: l,er: s~t:;•.trJ in ttk> J,5. Collard S
et ract} iof R'ntai, uzve.
U,n;mCoc;,:}•. i"'fOLr, ,:'r3 t':ing all of tlr called 13935-297,
t _r)' 9d34)11 tlr d(..j f: an
in 1' Ololum J'_f f9. t._cly, Jr., ctal to 8arworth Corporation
n:c:~:dcd ? !
97, Cr..•4 Reco:d DentO'n
;
:irn7 ,*)re Farttcularl} d :rit,.d folly County. . Tc>;asr said tract
!SFL;l!2;ID3 fe: ttie south.tst comer of ttr. tract b ing described herein, at the South- i
-rst corner of tM Sa Borth tract, an iron rod set in t
saki Collard ;,.,_-Vcy ,,n1 tring in Rin,:y Road: M apparent south line of the
YI ?r_c N' . th 02' 55' 5;" East with tt❑ oie3 F,rst line of the B~~rorth Tract and
aloha a fence a distance of 857.07 fcct to I'M iron rod found in t M rrnunented Southerl•
!?iaht-o.`-t<a}' of U.S. i!i,g't.ov Nc. 77 fc: thy: recrrnized Northwest corner of the said
it EN:7- South 55' 57' 37" ,~,p,-• with
i south- with ttr. Narth line of tM said B-3--Worth tract and the
y Right-of-.,ay of U.S. k?gtr. a- 77, 30 feet fr Isxl
imt~ th :c:f, a distance of 1695.56 feet to an iron rod et par a at to the center-
s intersection
•.::'h i~c: South ling •cf thn Collard fc .
r ttk-, soutika,t corner of the said
.h tra:i; .
I}I E Nxth 86' 31' 16- st with ;h..,o.ah line of tM said tract and the Lollard
S,.-vcy a-d alcng the middle of Riney Ro.:9 a distance of 1443.23 feet to the PLACE j
hEGP^tltY; a d caclosing 14.198 acres cf land. i
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A
EXHIBIT g
Concept Plan Consists of.
i• Site Plan (i page)
2. Development Standards (4
Pages)
34 Permitted Uses (i page)
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1~ I1 X76: 'h:'Z.N« r: fir.
r a..wl,.pll r- .~~.y ~w
~ eat :r_ C+•~
G( lye \ . ~'f~ t: ems.
~ A '0 . .
'
7 !
~1NJ li. ilY til 1 ._LJ~1•
AO "•1 rr.•
xr l.xl..r.p. MI ,7I +'I''ll.
j APkuhunl 1 wl....w.
Il.,w(III Ioo MIU
MIL. f41SlII
ab1-l J- ~hlw
i21sCl1T..i.=:6
LNIq LNq I-Apldp,r
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OWb FUCTUN A FARR£LL ARCIn rLCLS
Cunlrpl %nnlall 17:m
US 77.4HIncgllo,ul CYffl,lainlVfnlurc
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DEVELOPMENT STANDARDS
CONCEPT PLAN
1owessom ~
1. statement of'Intent of Owners
Our intantioa is to attempt to tone the ro art which will allow us to
develop a aixad-use project consisting of vary low density multi-feallyp 41006
with a small amount of General retail development to provide services to this area
of Denton.
2. Statement Indicating Relation to Denton Development Guide3
Is in compliance with the Denton Development Plan.
f
1. Total Number of Acres in Proposed Districts
14.198 acres
Land Uses and Total Number Of Acres in Each Parcel or Tracts
Total Proposed Act""
a. Single Family Detached
b. Single family Attached (townhouses, cluster, step)
C. Attached Patio/G4rden/1erO Lot Line
d. Duplex
10\~ acres
a. Multi-family
f. Office
g. Neighborhood Service 9,0 sects
h. General Retail
i. Ccmmercial M
Light Industrial
k. Heavy industrial 766 acre
1. Other (specify) Right-of-way Dedication ,
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Development Standarda
Page 2
S. Off-Site Infgrmation•- adjacent o: surrounding land uses, coning, streets,
drainage facilities, and other existing or proposed improvements.
(Shown on concept or detailed plan.) See attached plat.
6. Traffic and Tranaportation - indicate existing and proposed streets, packing lots,
loading areas$ access points. (Shown on concept or detailed plan.)
Sao attached plat.
Projected Traffic aenocation. (Based on traffic study, if required.)
124 units x 10 ■ 1,240 3 acres retail x 630 ■ 1 930 trips
7. Buildingsi
a. Approximate location. (Shown on concept or detailed plan.)
b. Maximum heights
2 story
c. Minimum setbacks3 (Shown on concept or detailed plan.)
23 feet
s
d. Maximum gross floor aroa (equate (tot) for nonresidontialt
10,000 square feet per acre
e. Residential Subdivlaloat
a. Number of units per acre (density)a
12.9 units per acre
b. Number and location of lots (Shown on concept or detailed plan.)
Sao attached plat.
c. Minimum sise, width and depth of lots$ (shown on concept or detailed plan.)
Sea attached plat.
d. Minimum front, aide and coat yard setbacksi (Shown on concept or detailed plan.)
25 feet front
nets side yard
`-5 feet rest yard
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Development Standards
Page 3
9, water and Drainage -,approximate location of all existing or proposed creeks,
ponds, Fakes, floodplaina, other water retention or major drainage facilities
and improvements. (Shown on concept or detailed plan.)
See attached plat.
10. Utilities - location of all major sewer, water or electrical lines and facilities.
(Shown on concept or detailed plan.) See attached plat.
lle Location of trees 30 in diameter - six (6) feet from ground level.
(Shown on concept or detailed plan.)
No trees are currently on the site.
12. open Space - location and sise of greenbelts, parks, common and recreational areas.
(Shown on concept or detailed plan.)
See attached Plal. Note the hike and hike trail.
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13. Screening - location, type and miss of all fences, berms or screening features.
(shown on concept or detailed plan.)
See attached olat.
14. 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.
Due to the uncertainty of the market conditions$ we feel that we would need
a period of approximately 10 years to completely build out this development.
Therefore, December, 2000.
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ADDITIONAL REQUIR9WRTS FOR A DETAILED PLAN
16. Landscaping Plan - major features and types of landscaping to be used.
A combination of areas tra a nd ahrLhary alnet vi~h Qr1H.nA Cnysr lnplaM ns
flowers. A hike and bike trail will also be incorporated into the property. 1
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` Development Standards
Page / I
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16. Signs - show location, type and size on detailed plan; otherwise, signs must 1
conform to Article 17 of the Zoning Ordinance.
There will be no unusual sicnaae and will certainly confer to Article 17
of the City of Denton Zoning Ordinances.
17. Sidewalks. (Shown on detailed plan.)
See attached plat. r~
18. All information required for preliminary plat in accordance with Appendix A i
(Denton Development Code) of the Code of Ordinances.
(A separate plat is required.)
Will be included with detailed plan.
I
19. Development schedule (detailed plan) - indicating start and completion of y
construction and the rate of development. All dates should indicate month 1
i 1
and year.
Will be included with detailed plan. f
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General Retail - Permitted Uses
Audio/Video Store
Convenience Store
Card Shop
Book Store
Jewelry Store
Bakery
office supply Store
Instant Printing
Florist or Garden Shop
Electronics Store
Bicycle Shop r
Runner's Store
Restaurant - Sit Down
Restaurant - Drive Through
clothing Store
Cafeteria
Auto Parts Store (No Repair)
Antique Shop
Pawn Shop
Ice Cream/Yogurt Store
Handicraft Shop
Retail clothing Store
Donut Shop
Sporting Goods Store
Hardware Store
Gift Shop
Barber and Beauty Shop
Camera Shop
Drug Store
Hobby and Art Supply Store
optical Shop
other Types of permitted Uses
Laundry/Dry Cleaners
Business School
Professional/Administrative Offices
L Medical Offices
Financial Institution
Day Care Center
Health Studio
Low Intensity Technology and Assembly
Safe Deposit Boxes
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265IL-1/3689
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NO.
AN ORDINANCE ACCEPTING COMPCTITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee tins
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
WHEREAS, the City Council has provided in the city Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENT014 HEREBY ORDAINS: ? t
SECTION I. That the numbered items in the following numbered I
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" on file in the Office of the City's'Purchusing
Agent filed according to the bid number assigned thereto, are
hereby accepted and approved as being the lowest responsible bids
1 for such items:
` BID ITEM
NUMBER NO. VENDOR AMOUNT
1161 ALL SAN ANGELO ELECTRIC 150,000,00
1182 ALL TECHLINE INC. $12,646.0Q
1184 ALL PRIESTER SUPPLY 117,190 Og
1192 - 1 CASE POWER a EQUIPMENT $28,663.00
1192 2 MAHANAY INTERNATIONAL INC, $46,121.00 III
1192 3 2IMMERER KUBOTA ;'14,375.60 1
1195 ALL GOODYEAR COMM'L TIRE d SVC CTR /7189 X68,000.00 it
1196 ALL RELIABLE BATTERY CO. $12,000.00
J
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SECTION II. That by the acceptance and approval, of the above
numb ere tems of the submitted bids, the City accpts the offer
of the persons submitting the bids for such items and agrees to
purchase the material;,, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
f SECTION Ill. That should the City and persons submitting
approve an accepted items and of the submitted bids wish to
enter into a formal written agreement as., a result of the
acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorize to execute
the written contract which shall be attached hereto; provided that
the written contract is in accordance with the terms, conditions
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related bid documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numb ere tema of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
herein, to a written
asbids
authorizedpursuant
pursutant thereto approved
contract cmade with
SECTION V. That this ordinance shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this day of 11990.
BOB CASTLEBERRY# MAYOR
ATTEST:
E NIFER ALTER , C 't S CRET Y
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCR, CITY ATTORNEY
BY:
PAGE TWO
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DATES 01-08-91
CITY COUNCIL ER PORT
TOi Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID !1161--TRANSFORMER REPAIR
RECOMMENDATIONS We recommend the bid for Transformer Repair G
be awarded to the low bidder, San Angelo Electrio, at the
unit prices as shown on Attachment IAI for Category I-Repair
and Category II-Overhaul.
SUMURYs This bid is for the annual repairs of damaged
padmounted and conventional transformers used throughout the
electrical distribution system. Transformers which have
been damaged or are in need of an overhaul are delivered to
the company for testing to determine the extent of damage. 1
The transformer is then brought back to specification
as required (either Category I or II) and returned to the
City. Two bidders which offered lower unit prices did not
include the Cost of changing transformer oil as required in ! r
the speoifications, but listed it at an additional cost.
$ACKrROUNDt Vendors Pricing Sheeta
Memo from Donald McLaughlin, Electric
Engineering Administrator
PROGRAMS, DEP RTMENT OR GROUPS AFFECTED: Elsotrio Dist.
FISCAL IMPACTS Charges to be funded from the 90-91 budgeted
funds for Electric Distribution account #610-080-0252-8334.
Aeapectflslly submitted:
Lloyd V. Harrell
City Manager
Prepared bys
Name: Denies Harpool
Titles Senior Buyer
App veddo
Names Tom D. Shaw, C.A.M.
Title: Purchasing Agent
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ATTACHRM 'A'
City Council Report of 01-08-91 N
Hid #1161--TRANSFORMER REPAIR
S A N A N C E L 0 E L E C T R I C
Category I--Repair:
PRICE TIME PRICE TIME PRICE TIME PRICE
10 KVA CONY. REQ. CSP REQ. PADMOUNTED REQ. CSP/CONY.
CONVERSION
to 10 174.00 4-6 Wks 174.00 4-6 1.9cs. No charge
~I 5
25 203.00 203.00 404.00 -8 6.'ks.
IT IT 1T-- IT rf
236.00 4 0
371 23 .0
50 .0 0 4
n 75 547.00
100 n -
TV- 167 ,r n 777 nn
" 250 1.
- - - - -
„ 333 rr - -
r, 500 742.0
30
112
u .150 - 741.00
" - -
225 - - - 1123.00
r, 300 - - " ---i 1248.00
500 i H3 " -
TV 750 " 1000 - - - 2 0 " - -
1500 0 00', to
Category II--Overhaul:
PRICE TIME PRICE TIME PRICE TIME PRICE
10 KVA CONY. REQ. CSP REQ. PADMOUNTED REQ. CSP/CONV.I
CONVERSION
10 327.00 4-6 Wks 327.00 4-6 Wks - No Charge
11 15 ISR.nn It .I U
25 - - 11
r, 41 A. M A - non It At'll An A-11 It it
1<c..
n 371 s4i nn I it „ 541 - DO to it It it to n 77L ron r. 50 621.00 to u 621 .()n it n u u u
u 75 969.00 it n u u to to to It
it 100 1038.00 it to H it
' 167 1574,00 " if It u -
r'- 250 2066.00 " " -
333 2503, 00 " " - -
" 500 3263.0
3 112
i, 150 -
' 225 -
300 - -
500
' 750 - - -
" 1000 -
" 1500 - -
Z
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CITYof DENTON WINICIPAL UTILITIES/ 9o1•ATexasStreet/ DentorjX76201
MEMORANDUM
TO: Denise Harpool, Senior Buyer, Purchasing
FROM: Donald McLaughlin, Electric Engineering Administrator
DATE: December 11, 1990
SUBJECT: BID 1161 TRANSFORMER REPAIR
s-~sassasassssxssssmaaass.en.==.a..v. .aecvea.sssxs.e___ssssssss
4 i
Award the bid to San Angelo Electric, the low bidder.
3
In reviewing the cost of repairing three phase pad mounted
transformers, Category II, it was decided to bid these items
individually. The nonstandard sizes such as 10 KVA, 15 KVA, r
37.5 KVA, 112.5 KVA, and 225 KVA were eliminated from the
analysis. Alamo and Greenville were eliminated from the ~
analysis because they submitted oil as a separate item.
DLM: to
Bidll61
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DATES 01-08-91
CITZ COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM= Lloyd Y. Harrell, City Manager
SUBJECTS BID 1182--500KYA PADMOUNTED TRANSFORMERS
MMDATIONs He recommend this bid for 500KYA
padmounted transformers be awarded to the lowest evaluated
bidder, Techline Ino., in the total of $12,646.00.
it
AMAY: This bid is for two (2) 500 KYA padmounted
f transformers for use by the Electric Distribution
Department. The pur0hass of these transformers will assure j
adequate stock for new installation or replacement of
transformers by the Electric Department.
i
BACKOROUNDi Tabulation Sheet
i
Memo from Donald McLaughlin, Electric Engineer
Administrator
s
t
PROD MS. DEPARTMENT OR OROUPS AFFECTED Electric Diet.
f
FISCAL IMFACTs Purchase to be made from the Electric
Distribution Bond Fund Account #612-080-RB90-9222.
Respectfully submitteds
Lloyd Y. Harrell
City Manager
Prepared by:
Names Denise Harpool
Titles Senior Buyer
Approved:
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Name: Tom D. haw, C.P.M.
Titles Purchasing Agent
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BID # 1182 ( I I r I
NELSON i PRIESTER ' CUMMINS i ODOM j TEMPLE I WESCO r TECHLINE I
BID NAME 500KVA PADMOUNT I
I~ TRANSFORMERS I j i I 1
I I I I I
OPEN DATE December 11, 1990 ' i ( I I I
I _I_ I I
P IGTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR ( VENDOR J VENDOR I VENDOR ( VENDOR
~I`I I. r ~ I
( I I I
1 12 I 500KYA PADMOUNT I N/B I I I I
I $7 283.00 6 1
TRANSFORMER i ,748.00 i ;9,382,00 i ;7,428.00 i ;6,445.00 I ;6,323.00
I j J I ~ I
( I MANUFACTURERt i i COOPER I PAUWELS ( MOH O.E. i ABB J HOWARD
I I I I
I i DELIVERYt i ' 15-17 wks i 14-16 wks i 8-10 wks 118-20 wks I 12 wks 112-14 wks I
I I I 1
rraaaaarraaarrrrrarraaarrraaaraaaaaarararaaaaasaaraaaraaaararraaaaaraarrraaraarraaarasaaaaarraaraaarrrarararaaaaaaaaraaaaa c
M I I r I
r POLELINF I GENERAL I SAN ANGELO I VAN TRAN I SUNBELT IDUESENBERRY ( WHITE ROCK I
ELECTRIC I ELECTRIC J ITRANSFOAMER I I ELECTRIC
I I I r
I
I I
r
r
r I I ! I I I (
~ I
IQ" I ITEM
bL3CRIPTION - 1 I
I VENDOR I
VENDOR J VENDOR ( VENDOR I VENDOR I VENDOR ( YE
NDOR
r J
I
1 I I (
1 12 I 500KYA PADMOUNT i 46,714.00 i ;11081.00 1 013,987.00 1 ;10,801.00 I N/B I NIB R N/B
TRANSFORMER i i i + I J r
i r I
j f NANUi'ACTURERI I PAUWELS ( VAN IRAN ~ GULF i VAN TRAM I
( I DELIVERYi 114-16 wks 112-14 wk r I r I
I I ( J a 1 10-12 wks 112-14 wks I
f r I I i I
f
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D CITYolDENTONMUNICIPAL UTILITIES/ 90t•ATexesStreet/ DentomTX7e20t
M E M O R A N D U M
TO: Tom Shaw, Purchasing Agent
FROM: Donald McLaughlin, Electric Engineer Administrator `J
DATE: December 18, 1990
SUBJ.- BID 1182 TNO 500 KVA PADMOUNT TRANSFORKIRS
Please award the bid to Techline Inc. Their bid was =6,323 each
making
. was the bidder. Losses were:woNtL2of _76064LL ofe4857teandcan impedance wof
2.2%.
The transformers are needed to maintain proper inventory levels.
DLM: th 11'~K
12180147
cc ErnietTullos},,DirectorvofDElectric Utilitieses
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DATE, 01-08-91
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
BROMe Lloyd V. Harrell, City Manager
SUBJECTS BID /1184--CAPACITOR BANKS
RECOMMENDATIONe We recommend this bid for capacitor banks
be awarded to the lowest bidder meeting speoifications,
Priester Supply, in the amount of $17,190.00. -
SUMMARY: This bid is for six (6) 1200 KVAR capacitor banks
which will be used for system power factor improvements.
These capacitor banks will be installed in various locations
throughout the Electrical Distribution System.
RACKOROUNDs Tabulation Sheet
Memo from Donald McLaughlin, Electric Engineer
Administrator
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PR RIMS, DEP RTMENT OR GROUPS AFFECTED, Electric Diet.
FtscAL DO1CTe Funding is available in the Electric
Distribution Bond Funds Account 1612-080-RB90-9222.
Respectfully submitteds
Lloyd V. Harrell
City Manager
Prepared bye
Name Denise Harpool
Titles Senior Buyer
Approvede
-C~ a~ -
Name Tom D. Shaw, C.P.M.
Titles Purchasing Agent
IMF
1 1
11
fi.sc.
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NiF
V BID 0 1184 I ! f I I E
1 TEMPLE I NESCO E ORAYBAR i PRIESTER I SUMMERS 1
BID NAME CAPACITOR BANKS i I f I I I
1 I I I i r
OPEN DATE December 11, 1990 I r I I I I
~ E ! I I I I
/ IQTY I ITEM DESCRIPTION I VENDOR ! VENDOR I VENDOR I VENDOR 1 VENDOR
_I,I I I I I I I
I E ! I I I I
1 1 6 IAAPACITOR BANK I $20956.00 1 b3,025.00 I =3,098.00 1 $29865.00 1 $3,527.06 I
I I I I I I I !
I MANUFACTURERI I O.E. I ABB I COOPER I COOPER I COOPER I
I I I I I I I I
! I DELIVERIt 110-12 wks 1 14 wks 1 12-14 wka 1 10-12 wka 1 84-98 days I
I I E I I I I I
I I I I I I I Exceptions I
taken to
specs
aaarraararraaraaaaaaraaaaarraaaaaaaaaaaaaaaaaaaaaaaraaraaararaaaaarraaaaaaaaaaaaaaaaaaaaaaaasaaa
I I I I I I
ODOM 1 POLELINE 1 NELSON I CUMMINS I T CRAY
I I ELECTRIC 1
I I I f I
.I I I r r 1
# (QTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR 1 VENDOR I VENDOR I
I ! 1 I r I I I
1 1 6 ICAPACITOR BANK I N/B I NIS f N/B r N/B f NIB 1
1
I ! MANURACTURERr I t t I t I
I I DELIVERYr I i I I I I
I I I I I I r I
~I i I I I I E f
E
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r
CITYoIDENTON MUNICIPAL UTILITIES/ 901 -ATexas Street / DentoNTX76201
M E M O R A N D U M
TO: Tom Shaw, Purchasing Agent
FROM: Donald McLaughlin, Electric Engineer Administrator
DATE: December 18, 1990 G.~
SUBJ: BID 1184 1200 WAR CAPACITOR BANKS
Please award the bid to Priester Supply. Their bid was $2,865
each, making the cost for six (6) $17,190. Priester Supply was
the low bidder.
s.
The capacitors are being purchased for system power factor
improvements.
DLMs th
12180145
Cos Robert Nelson, Executive Director of Utilities i
Ernie Tullos, Director of Electric Utilities
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~ DATES 01-08-91 ~
CITY COUNCIL AEPORT
TO: Mayor and Members of the City Council
FROM: Lloyd 4. ;bIrrell, City Manager
SUBJECT: BID •1192--LOADER/BACKHOE 5 TRACTOR
RECOMMENDATIONS Council approve award of bid to the low i
bidders meeting specifications as shown below:
Item f1--Loader/Baokhoe, 65 HP Class to
Case Power 8 Equipment in the amount of $28,863.00
Item #2--Loader/Baokhoe, 90UP Class w/EAtendable Boom/Dipper
to Mahanay Intl Inc. in the amount of $46,121.00
Item #3--Traotor Loader to
Zimmerer Kubota in the amount of $14075.60
SUM01i This bid is for the purchase of the equipme7:t
listed above. Item #1 is a motor pool replacement for a
1984 loader/baokhoe assigned to Water 3 Sewer Field Services
Division. Item #2 is ■ motor pool replacement for a 1981
loader/baokhoe assidroed to the Electric Distribution
Division. Both of the.e unite are in need of major repairs
and are no longer soonomlcal to maintain. The 1981 and 1984
loader/backhoes will be soIJ at public auction along with
other surplus and obsolete egLtpment.
r
Item #3 is a fleet addition approved during the budget
process and will be assigned to the Electric Metering and j
Sub-Station Division for maintenance in and around
substation sites and during any new construction projects.
AAMQR=j Tabulation Sheet
Memo from Jack Jarvis, Fleet Superintendent
PROGRAMS. DEP RTMENT OR GROUPS PP CTEDs Motor Pool
FISCAL 211PACTs Budgeted 90.91 Motor Pool Fundes
#620-082-0471-9104 (428,863.00)
#610-080-0252-9230 (446,121.00)
#610-080-0255-9232 014,375.60)
Respectfully submitteds
Lloyd Y. Harrell
City Manager
Prepared Bye
Name i Tom D. Shaw, C. P.11.
Titles Purchasing Agent
.
WWI
BID 1192 I I 1
I MAHANAY ICOLLIN COUNTY I CASE POWER IZIMMERER KUBOTA
BID NAME LOADER/BACKHOB TRACTOR I INTERNATIONAL I FORD TRACTOR I AND EQUIPMENT I OF DENTON
OPEN DATE December 18, 1990 I I I I
I I 1
I QTY I-ITEM DEBCRIPTION I I I
I VENDOR -I -VENDOR I VWNDOR I VENDOR
.I I I I 1
1 1 1 ILoader/Backhoe, 65HP Class j I I I
I I =290590.00 I $33,061.00 I 6280863.00 I NIB
2 1 1 ILoader/Backhoe, 90HP Class I I I I
I Iw/Extendable Boom/Dipper ! =46,121.00 I 656,395.00 I =48,266.00 I N/8
f I I I 1
3 I 1 ITractor Loader j N/9 N/B I N/8 ( 6140375,60
I i I I
I I I I
I I MAKE/MODELr I1: JCB1400B I Not Shown II: Case 580KPhII11 Not shown
I ! 12: JCB17008 f Its Case 680L I L-J
I I DELIVERY: I I
! 30-45 Days 190-120 Days 1120 Days or Lees I 24 Days
! I I
I 0& O I A I B 1 MCMASTER I DARR
TRACTOR CO. i CONTINENTAL I FORD I EQUIPMENT
I I I
I I I ,
1 QTY I ITEM DEECRI TION I VENDOR I VENDOR ! VENDOR 1
_ I ! I I I i VENDOR
1 I 1 ILoader/Backhoe, 65HP Class ( 630,704.73 I 6290484.00 I rl
I I 1 631,000.00 I N/B
2 f 1 ILoader/Backhoe, 90HP Class f 654,079.79 I 649,574.00 I
I Iw/Extendable BOON/Dipper I 1 i 154,600.00 I N/H
3 1 1 ITractor Loader 1 I I I
! I I 117,047.99 I N/8 t 617,300.00 I N/H
I MAKE/MODEL: Ili Ford 5550 Ii: JCB14008 li: lord 555C TLB j
123 Ford 7558 121 JC131700B 121 Ford 7558 TLB I
131 Ford 2120/71091 13r Ford 2120/71091
I ! DELIVERY: I 120 Days 1 90 Days I Approx. 90 Days I
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CITY of DLNTON, TEXAS VEHICLE MAINTENANCE ! 804 TEXAS ST. / DENTON, TX 76201 / (817)566.8430
- 1
MEMORANDUM
TO: Tom Shaw, Purchasing Agent
FROM: Jack Jarvis, Fleet Superintendent
DATE: December 19, 1990
SUBJECT: BID NUMBER 1192/LOADERlBACKHOES, TRACTOR
My recommendation is as follows:
i
Bid Item 01. Loader/Backhoe, 65 HP Class
Award to: Case Power and Equipment
2019 Airport Freeway i
Euless, Texas 76040 i
h T
at a cost of ;28,863.00 which is low bid meeting specifications,
I
Bid Item 42. Loader/Backhoe, 90 HP Class with Extendable Boom/Dipper
Award to: Mahaney International, Inc. ICB1700B
P.O. Box 580
McKinney, Texas 75069
at a cost of ;46,121,00 which is low bid meeting specifications.
Bid Item 03. Tractor Loader
Award to: Zimmer Kubota
Denton, Texas 76201
i
at a cost of $14,375.60 which is low bid meeting specifications.
,
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DATE: 01-08-91
:
CITY COUNCIL REPORT
TO: Mayor and Members of the City council
FROM: Lloyd V. Harrell, City Manager
SUBJECT. BID $1195 TIRES
RECOMMENDATION: Council approve award of annual bid, with
optt onltto~renew for an additional year, to lowest overall
bidder meeting specifications, Goodyear Commercial Tire and
Service Center #7189. The estimated annual purchase amount
is approximately $68,000.00.
SUMMARY: This bid covers the purchase of tires and tubes
for approximately 600 pieces of rolling equipment owned
and/or serviced by the City of Denton.
i
BACKGROUND: Tabulation Sheet and Memorandum from Jack
Jarvis, Fleet Superintendent
i
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Fleet Services
FISCAL IMPACT: Garage inventory account #710-025-0580-8702.
Respectfully submitted:
L oy V. Harrell
City Manager
Prepared by:
Name: lan14 A. Harden
Title: Buyer
Approved:
i
Names Tom D. Shaw, C.P.M.
Title: Purchasing Agent
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BID 5 1195 1 1 I 1 f
I PLAZA I GOODYEAR I BRISCOE I DENTON !
BID NAME TIRES I TIPS I COMM'L I ?IRS I DI6COUNT I
I CENTER I TIRE ISERVICE INCI TIRE I
OPEN DATE Dec. 18, 1990 1 1 1 1 1
I I
• IWI. ITEM DESCRIPTION I VENDOR 1 VLND00. I VENDOR I VENDOR
I 1 I ! 1
i Cea I os/ a1 I sb~3-I- S34 a5 1 `i36'-3i
I 1 1 I I 1 I
2 1 ea 1P215/75R15 1 $69.98 1 $36.66 1 $38.12 1 $42.32 1
I 1 I 1 ! I 1
3 f so IP225/75R15 1 672.32 1 $38.59 1 139.99 1 $45.13 1
I I I I I i I
4 I ea IP235/75R15 1 $76.21 1 $40.62 1 141..93 1 111.94 1
1 V DELIVERY: 1 7 Days 1 30 Days I 1 Day 1 2 Days I
I 1 I I i I I
5 1 so IP213/70HRIS I NIB 1 952.55 1 $66.05 1 $60.23 1
1 1 1 1 1 1 1
6 1 ea 1P225/70HRI5 I NIB 1 $54.18 1 $63.46 1 562.36 1
1 1 DELIVERYi 1 1 30 Days i 1 Day 1 2 Days I
I I I I I 1 1
7 1 sa 17.50x16 HWY 'D' I NIB 1 $49.32 1 $53.69 1 $52.00 1 1
1 1 1 1 1 1 1
8 1 so 17.50x16 HUD 'E' I NIB 1 $57.14 1 161,35 1 NIB I
I I I I I I I
9 11a 18.00x16.5 1tWY 'D' I NIB 1 $46.57 1 $49,3D 1 $59.35 1 f-
I I I I I I I
30 1 as 18.00X16.5 HUD 'E' I NIB I NIB 1 $53.97 1 NIB I
I I I I 1 I I
11 1 so 18.75x16.5 HWY 'D' I NIB I 649.59 1 $55.71 1 $75.66 1
I I ( I I I I
12 1 so 18.75x16.5 HUD 1E' 1 NIB 1 $56.33 1 $61.13 1 NIB I
I I DELIVERYi 4 1 30 Days I 1 Day 1 2 Days I
I 1 f k I I I
13 1 ea 11000x20 HWY 'P' t NIS 1 $119.10 1 8152.55 1 $150.70 1
1 t I l I I
14 1 06 11000x20 MUD 'O' I NIS 1 9181.47 1 $164.69 1 1181.46 I
I I I I I
15 1 1a 11000R20 HWY IF, 1 1233.45 1 $179.91 1 $223.36 1 1225.06 1
I I I I I I I '
16 1 so 11000R20 MUD IN, 1 $248,85 1 9195.09 1 1265.80 1 $227.11 1
1 I I t I I 4
17 1 ca 114/80820 MW 'J' 1 1370.09 1 $269.06 1 $450.19 1 1443.21 l
I I I I I I I
Is I so 111R22.5 HWY 11' 1 $272.12 1 1197,20 1 $231.57 1 $255,20 1
f I I 1 I I f 4
19 1 1a 111R22.5 HUD 1H' 1 $261.64 1 $222.44 1 $245.00 1 $242,24
I I 1 1 I I t
20 1 to 11300820 HWY 'I' 1 $290.09 1 5207.64 1 $240.13 1 $339.76 1
I I 1 1 I !
21 1 at 1110OA20 HUD 'H' 1 1309.29 1 5222,92 1 $243.32 I $347,06 1
1 1 DELIVERY: 1 7 Days 1 30 Days I 1 Day 1 2 Days I
I I I I I I i
22 1 at 1111.16 12 PLY I NIS 1 $115.91 1 1101,39 I NIB I
4 I 1 1 I 1 I
23 1 /a 116.944 10 PLY I NIB 1 $342.97 1 $277.40 1 1271.70 1
I I 1 I I I I
24 1 to 116.9x21 10 PLY 1 NIS 1 $404,12 1 $292.62 1 5351.10 1
a I I I I I I !
25 1 as 11100x24 12 PLY I NIB 1 1325,36 1 1232.02 1 $300.30 1
I I I I I I
26 1 as 120,5x25 16 PLY I NIB 1 $759.36 1 6701.66 1 $622.60 1
I I I 1 I I I
21 1 as 126,5x29 16 PLY I NIB I NIB 1 $2,250.00 1 NIS I
I I I I I 1 !
26 1 as 166x43%25 I NIB 1 $1,557.31 1 $2,270.00 1 NIB 1
I I DILIVIRY: I 1 30 Days 1 1-3 Days 12 Days I
I I I I I I 1
29 1 1 DIBCOUNTI I I ($1a aid) I I
I I I I I I 1
I 1 ADDINDUM: I Vol I NO I Yoe I Vol
4
79;" HP 20 2: 26
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Cfry of DAM MI TM S VEHICLE MAINTENANCE / 804 TEXAS ST. / DENTON, TX 7MI / (817)566.6130
. MEMORANDUM
TO: Tom Shaw, Purchasing Agent
FROM: Jack Jarvis, Fleet Superintendent
DATE: December 19, 1990
SUBJECT: BID NUMBER 1195 TIRES
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c:
My recommendation is as follows:
I
Bid Items 1 through 29 award to: Goodyear Commercial Tire 6 Service Center 17169 i
2444 Cherry Valley Blvd.
Dallas, Texas 75241
r
which is lowest of four (4) bids meeting S r
specifications. 1
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DATE: 01-08-91
CITY COUNCIL REPORT i
TO: Mayor and Members of the City Council 1
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1196 BATTERIES (AUTOMOTIVE/EQUIPMENT)
RECOMMENDATIOH: Council approve a"rd of annual bid, with
opt on to renew for an additional year, to lowest overall
bidder meeting specifications, Reliable Battery Company.
The estimated annual purchase amount is approximately
$12,000.00.
SUMMARY: This bid covers the purchase of automotive and
equ pment batteries for approximately 550 pieces of rolling
equipment owned and/or serviced by the City of Denton.
Fourteen bid invitations were mailed and eight responses ;
were received,
BACKGROUND: Tabulation Shoot and Memorandum from Jack
Jarvis, Fleet Superintendent
i
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Fleet Services
FISCAL IMPACT: Garage inventory account #710.025-0580-8702.
Respectfully submitted:
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Lloyd V. Harrell
City Manager
Prepared bys
Name: M an a A. Harden
Titles Buyer
Approved:
Name: Tom D. 3 aW, C.P.M.
Title: Purchasing Agent
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BID 1196 1 1 1 1
I PARTS I LEWISVILLE I RELIABLE I NATION jr
BID NAME BATTERIES I PLUS I BATTERY I BATTERY I BATTERY
i I & ELECTRIC I COMPANY I
OPEN DATE December 18, 1990 I 1 I f
I I I
$ QTY ITEM DBSCRIPTION I VENDOR I VENDOR I VENDOR I -VENDOR
-1 1 I 1 I I
I lPr Ce After Tra s-In:l I !
1 I sa (GROUP SIZE 24 1 $34.95 1 $34.40 I $27.87 1 $29.E
I I I ! I I
2 1 ea IGROUP SIZE 247 I $34.95 1 $34.40 I $27.87 f $29.E
I I I I I I
3 1 as IGROUP SIZE 27 I $49.61 1 $50.88 I $34.12 I $42.4
I 1 1 I I I
4 1 ea IGROUP SIZE 27F I $49.61 I $50.88 ! $34.12 1 $42.4
I f I 1 I
A 5 1 ea IGROUP SIZE 72 1 $34.95 I $34.94 I $32.69 1 $29.E
I I I lalt. $41.85 I 1
6 1 sa IGROUP SIZE SD I $113.50 1 $106.83 ( $94.18 1 $89.c
DELIVERY: Not Shown 1-2 Days 2 Days 14 Days
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I I I I
I MBTROPLEB I NAPA ICONTINENTAL I STEWART
I BATTERY I AUTO PARTS I BATTERY I & j
INC. i i COMPANY I STEVSNSOJ'
M DBSCRIP ON I VENDOR ! VE'.ZDOR 1 VIN OR I---V-FN-DOR
{ I I f I I
- I I r ce Aft er Trade-in:
l I I {
1 f ea IGROUP SIZE 24 I $28.90 1 $40.95 I $35.28 ! $35.5
I i I I I !
2 I sa IGROUP 812E 247 I $28.90 1 $40.95 I $35.28 1 $35.5
I f I
3 1 ea (GROUP SIZE 27 I $36.60 1 $54.95 I $44.74 1 $47.;
I I I I I I
4 1 sa IGROUP $IZE 27F I $36.60 1 $54.95 1 $44.74 I $47.!
1 1 I 1 i f
5 I GA IGROUP SIZE 72 1 $28.80 1 $41.95 I $36.68 I $43.1
I I I I I I
6 I ea IGROUP SIZE 8D ( $90.50 1 $119.95 I $88.30 1 $109.5
I`
DELIVERY: 1 Day 1 Day 1 Day 2 Days
F '
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Q 1997 DEC 20 iii 2'28
CfTY of DfINTOK TWUS VEHICLE MAINTENANCE / 804 TEXAS ST. / DENTON, TX 76201 / (817}868 M
M E M O R A N D U M
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TOs Tom Sbaw, Purchasing Agent C'FROM: Jack Jarviag Pleat Superintendent
DATE: December 190 1990
SUBJECT: BATTERIES (AUTOMOTIVE/EQUIPMENT) BID NUMBER 1196
My recommendation is as follows
Bid Items 1 through 6 award to Reliable Battery Company
2600 W. Mockingbird Lane
Dallas Texas 75235
which is lowest of four (4) bide meeting
specifications,
,
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JJ/bp
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nS. r CF"tS+
_I 2516L-7/1589
N0.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES Olt SERVICES IN
WITH E OF LAW UCH
PURCHASESEFROM REQUIREMENTSIOFOCOMPETITIVE1BIDS; ANDXPROVIDINGS OR
AN EFFECTIVE DATE.
1
WHEKEAS, state law and ordinance require that certain 4
contracts requirin& an expenditure or payment by the City in an
amount exceeding $10,000 be by competitive bids, except in Lite
case of public calamity where it becomes necessary to act at ones C
to appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city, or it is necessary to
protect the public health of the citizens of the city, or in case
of unforeseen damage to public property, machinery or equipment;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
theve
SECTION I. That the City Council hereby determines that
is a pu6Tic calamity that makes it necessary to act at once lu 1
appropriate money to relieve the necessity of the citizens, or to ~i
preserve the property of the city, or to protect the public health j
of the citizens of the city, or to provide for unforseen damage to r
public property, machinery or equipment, and by reason thereof,
the following emergency purchases of materials, equipmentr~ J
supplies or services, as described in the "Purchase Orders 1
attached hereto, are hereby approved:
PURCHASE
ORDER NWBER VENDOR AMOUNT
10949 PRECTO TURBINE SERVICE. INC. __TL935.00
11550 J a S EQUIPMENT $14,000.00
11569 A 6 P WATER-VPP~Y $30,974.65
SECT10.1 If. That because of such emergency, the City Manager
or csi'gnte~`employee is hereby authorized to purchase the '
materials, equ nment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the
amatnty thcrvili stated, such emergency purchases being in
accord:.m:c will, the provisions of state law exempting such
purctnres by the City from the requirements of competitive bids.
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SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1990.
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BOB CASTLEBEK£ Y, MAYOR I
ATTEST:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY I
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BY: E
PAGE TWO ~
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DATE: 01-08-91
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: EMERGENCY P.G. 110949--PRECTO TURBINE SVC. INC.
TOTAL AMOUNT $13035.00
I
RECOMMENDATION: Approval of emergency purchase order to
Precto Turbine Service, Inc. in the amount of $13,935.00.
SUMMARY: This purchase order is for emergency repairs to
turbine units 1 and 2. The stop valve assemblies on bothr
units and the unit 2 nozzle block were found to have
defects. The units were not at peak usage at the time of
this repair which will make them more reliable i+, the
future.
BACKGROUND: P. 0. /10949--Precto Turbine Service, Inc.
Memo from Jim Thune, Superintendent of
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Electric Froduction
PROGRAMS. DEPARTMENT OR GROUPS AFFECTED: Electric Prod.
FISCAL IMPACT: To be paid from 90-91 budgeted funds in
Electric Production account 1610-080-0251-8339.
Respectfully submitted:
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Lloyd V. Harrell
City Manager
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Prepared by:
n l
GV.J/
Name: Denise Harpool
Title: Senior Buyer
Approved:
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Name: Tom D. Shaw, C.P.M. 1
Title: Purchasing Agent ,
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` THIS IS A CITY of DENTON, TEXAS
CONFIRMING ORDER XX PURCHASE ORDER NO: PC 10949
(IF MARKED} This number must appear on all
invoices, delivery slips, cases,
00 NOT DUPLICATE ctns„ boxes, pecking slips and bills
` Req No: Bid No, Date: 12 12 96 Page No. 01
/ DENTON, TEXAS 16201
PU;?CHASING DIVISION /901f
VENDOR 17/783-7100 OIFW ME rAO 8 1 7/75109 4 2 FAX 817/382 4697
NAME/ PAECTO TURBINE 5TF INCI
1761-9 Ali 1YcSTFIELD IELD DEWERY STEAMRPLANTN ONLY COS
ADDRESS HLUSTUNs TX 77073 ADDRESS 1701-A SPENCER ROa
DENTONO TX 76203
JACK LAWRENCE
VENDOR NO. PAE49500 DEUVERY QUOTED 12 15 90 FOB DESTINATIGN TERMS
01 1900.000 EA VENDOR CAT* 0 N / A MFG NAMc 1.000 109C6400
CITY 0 93675
RECUP70ITION STELLITE SEATS 014 2 STOP VALVE DISKS
02 4470.000 to ENDUR CATe Y N / A MFG NAME 16000 4*470*00
CITY 0 93675
RECONDITION STOP VALVE BODY E STELLITE SEAT
03 2.OCO EA ENDOFr CAT. 0 N / A MFG NAME 950000 190400
CITY 1 93b75
STUD& 1.25„X6425" 8T•P0I0 816 MATeL
04 2.000 EA Zt+DCA CATe 9 N / A MFG NAME 900000 1804JU
CITY Y 9675
NUT 1025„ 870P0Ia HEX HEAD
05 7100.000 EA ZNDOR CAT* 0 N / A $4FG NAME 10000 79100400
CITY 0 93675
RECONDITION NOZZLE PLATE INCLUDING PARTITION REPAIRO
CRACK INDICATION REPAIR. LOCK TAB REPAIR*
M 1501-7 COUNTERSINK FACINGO FLYCUT ADMISSION I
CGNTACT FACED HdAT 7REATMENTNeDeE•
05 10000 EA ENOCR CATe ! N / A MFG NAAE 950000 45.00
CITY A 93675
SCREW SOCKET HEAD 3.5"X5/8" TePals
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ii PAGE TOTAL 139935003
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E'AM INSTRUCTtON& 3 Term. - Not 30 t files otherwise suaeed i
1. Send original invoice with duplicate COPY. I Shipping Instructors F 0 B. Destination prepaid tl Mess oftr Ise wevredl !
i ' 2 Bill to - Accounts Payable 5 No Were] or state sales le K shad be inckided
215 E. McKinney St. in p ices bled
h jI ra•,r
tx +AOnl ' VFNf3OR Purchasing Division
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CONFIRMING ORDER ~w
(IF MARKED) XX D
DO NOT DUPLICATE PURCHASE ORDER NO:
i ==r must appear on atl PC 10;49
livery yps, cases,
Req No: Bid No. clns, boxes, Packing slips and Irgs,
Date: 12 1;; 90 Page No. 01
ENOOR PURCHASINGDIVISION /9018TEXASSmur/'JENroN rFXAS76201
AME/ PRECTO TURBINE SERVICE, INC117IM34100 D1FWMEIR0817126;rO042 IrAX8176824622
ODRESS 17619 ALOIVE WESTFIELD
HEUSTUNr TX 77073 DELIVERY CONFIRMATICN ONLY COS
ADDRESS STEAM PLANT
JACK LAWRENCE 1701-A SPENCER FD.
DENT No TX 76205
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VENDOR NO. PR=49500 DELIVERY OUOTED
12 IS 90 F09 DESTINATI15N TERMS
01 19004000 EA ENDCR CAT, t
CITY ! 93675 N / A MFG NAMrr
RECONDITION STELLITE SEATS ON 2 STOP VALVE DISKS 10000 1r9CG.r';'
02 4470.000 EA ENDCR CAT. f N / A
CITY 0 93675 MFG NAME
RECONDITION STOP VALVE BODY 14000 4,470.1 C
03 G STELLI7E SEAT '
26000 EA ENDCR AT f N / A
CITY .r 93675 MFG NAME
STUD* 1.25"X6.25" BT.P.I. 616 MATIL 95.DOO 140.1
04 2000 EA ENDCR CAT. 0
CITY Z 93675 N / A MFG NAME
NUT 1.25.. 8T,P.I. HEX HEAD 90.OUD 180.
05 7100.000 EA ENOOR CAT• f
CITY 0 9367FS N / A MFG NAME
RECONDITION NOZZLE PLATE INCLUDING PARTITION REPAIRr 14000 70100.:
CRACK INDICATION REPAIRr LUCK TAD REPAIR,
BOLT COrJNTERSINK FACING, FLYCUT ADMISSION
CL"TACr FACE, HEAT TREATMENi'N.D.E.
05 16000 CA ENDCR CAT. 0
CITY A 9,3675 N / A MFG NA,Vt
SCREW SOCKET HEAD 3.5^X5/8„ 950000 954i
! T.P.I. i
PAGE TOTAL 13,935.0
I i
r V40OR NSTRUCTIONS:
! 1.
Terms
Send ortpMral Ln+volce with 3. - Ne! 30
2. 134 to - Accounts Payable gale copy. d. Shipping kubuctione: F.O peahnal on t
215 E. McKirvpy St 5 No federal a stale sales tax shag be Includedd fU~k., ome .ba.oecM.dl
M1 nVnn TY 7R?A 1 In p cea thlled
VENDOR
Purchasing Divlsgrr
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to
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f6E11
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wry o/ owrox, rx"s 215E. MCKINNEY/ DENTON, TEXAS 762011 TELEPHONE f81IJ W8200
TO: Ernie Tullos, Director of Electric Utilities
FROM: Jim Thurs, Superintendent of Electric Production
DATE: December 11, 1990
SUBJECT: UNIT 1 3 2 TURBINE SHOP REPAIRS
Attached is a request to fund emergency repairs to Units 1 d 2 steam
turbines. Both stop valves assemblies and Unit 2 nozzle block were found
to have defects.
The turbine stop valve provides a positive shut off of steam supply to the
turbines in the event of a trip. Steam allowed to enter an unloaded
turbine could spin the rotating assembly, uncontrolled to failure. This
could happen if the seating surfaces of the stop valve failed. Upon
inspection, these surfaces were found to have crack indications in the
valve disks on both units and the valve seat on Unit 1. Further
deterioration is likely if the seating surfaces are not restored. r
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The turbine first stage nozzle block directs steam to the first stage of
rotating blades. It provides the initial directional influence on steam
entering the turbine casing and thus has a significant influence on overall
turbine efficiency. The nozzle block on Unit 2 has severe partition
erosion and crack indications in several key support areas. Continued
operation .ould result in decreased nozzll performance and/or failure of
f the component resulting in steam path destruction.
! Both of these areas require attention at this outage to insure the
reliability of the machines. Although present repair is costly, the
consequence of future failure is much greater in terms of repair and lost
generation/capacity.
During the last two Winter operation periods, all available units were
dispatched for operation. Last year on December 23, 1989, Pool generation
nearly fell short of load requirements during severe cold weather.
Expediting the approval for this funding is encouraged to restore unit
availability in early January 1991. This availability could be required by
the Pool if severe cold weather operation is again dispatched.
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Ugit 1 6 2 Repairs
-Page 2
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Finally, General Electric could perform these repairs and we have approved
purchase orders in place to fund shop repairs. General Electric will
perform the nozzle repairs for $12,000.00. The contract shop quoted
$7,100.00 for nozzle repairs. General Electric did not provide a quote for
reconditioning the stop valve components. They would quote new pricing
totalling approximately $14,000.00 for parts only, not installation, with a
25 week delivery. The contract shop will recondition the stop valve
components for approximately $6,500.00, turn-key in 2 weeks. In the event
the stop valve components cannot be reconditioned, new components can be
reverse engineered for approximately $16,000.00 installed. Regardless of
repair option, the contract shop offers lower total cost. The contract
shop workmanship and warranty are acceptable and comparable to General
Electric shop repairs.
I recommend that we seek approval for this funding based on emergenc/ need
and direct the contract shop to proceed with repairs.
ne, Superintendent of Electric Production
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JT/ks
12110004
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Attachments
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DATE: 01-08-91
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: EMERGENCY P.O. #11550--JAS EQUIPMENT
TOTAL AMOUNT $14,000.00
RECOMMENDATION: Approval of the emergency purchase order to
JdS Equipment in the amount of $14,000.
SUMMARY: This purchase order is for the emergency engine
repair for the 8168 compactor at the landfill.
If this machine is not in service, there is not adequate
back-up equipment to properly compact garbage at the
landfill.
BACKGROUND: P.O. #11550--J&S Equipment
Memo from John Lobaugh, Supervisor, Landfill
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PAOGRAMS DEPARTMENT OR GROUPS AFFECTED: Solid Waste
FISCAL IMPACT: To be paid from 90-91 budgeted funds for
Equipment Services Working Capital Acct. #710-025-0560-8710.
Respectfully submitted:
i
Lloyd Y. Harrell
City Manager
Prepared by-
Name: Denise Harpool
Title: Senior Buyer
Approveds
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
t
THIS IS A CITY of DENTON, TEXAS
CONFIRMING ORDER ❑ PURCHASE ORDER NO: PC 11554
IF MARKED) This number must appear ail
invoices. detrrery Nfos, cases.
1
DO NOT DUPLICATE ctns, boxes parking slips and toils,
` Req No: Bid No: Date: 12 2 7 S J Page No. 01
I PURCHASING OMSIOM / 901.8 TEXAS STREET /DESTON, Tf XAS 7620t
VENDOR
NAME/ J.S. EOUIPi4ENT SERVICE 1NCe 817/38,271000/FWMETRO 8171267,0042 FAX8 1 713 82 46 97
ADDRESS 602 WILDLIFE PARKYAY OELNFRY CENTRAL RECEIVING S24
GRAND PRAIRIE. TX 75050 VEHICLE MAINTENANCE
ADDRESS 804 TEXAS ST*
DENTONe TX 76231 E
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VENDOR NO. JJJ59500 DELIVERY OOOTED 12 30 90 FOB DESTINATION TERMS
I ~
01 1eC00 EA VENDOR CAT. 0 N / A MFG NAME 41,000.000 149000.00
CITY 8 92935
RIG 25509kGR ENGINE COMPLETE f
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PAGE TOTAL 14000s00 1
GRAND TOTAL 141,000.00
01 710 025 0580 8710 141,000oDO
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VENDOR WSTRUGTIONS 3. Terms - Net 30 nlnns oitwebe ~ fied.l
I. Send Original Wrooke with alt cale copy. 4. Shipping Instruch'cns: FCi.S DF s' , ::loin prepaid Nin"s othcrwim 1,p. kd)
2. Bill to - Accounts Payable 5. No federal or slate cafes to sr.i Included
f 2 $5 E. McKinney St In Wices billed. - Purchasing Division
Deninn. TX 76201 V"' i nO R
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CONFIRMING ORDER Ll cins, bo~es, pa PURCFWSE ORDER NO: pC 11554)
(IF MARKED) This number must appear on a an
00 NOT DUPLICATE ins s Q acking rq Bli sli ps s n
ts and bills.
Req No; Bb No. Date: 12 27 90 Page No. 01
J0 1R PURCHASING 07VISION /907.8 TEXAS STREET /DENTON. TEXAS 76201
'AE/ J.S. EQUIPMENT SERVICE INC.817/383. 1000/FWMETRO817/2670042 FAX817R82<692
602 WILDLIFE PARKWAY DELIVERY CENTRAL RECEIVING $14
ORES GRAND PRAIRIEO TX 75050 ADDRESS VEHICLE MAINTENANCE
804 TEXAS ST*
DENTON* TX 76201
VENDOR NO, JJJ59500 DEUVERYOUOTED 12 30 90 FOB DESTINATION TERMS
1
01 1.000 EA VENDOR CAT; 98 N /.A MFG NAME' 40000.000 14000040 C-.
CITY 0 92935
RIG 25500R6,1R ENGINE COMPLETE `
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PAGE TOTAL 140000.0
GRAND TOTAL 148000.0
01 710 025 4580 8710 140000.00
ENDOR WSTRUCTiONS: 3 Terms - Net 30 Nnose otherwise waxed)
Send original lin ice erllh &pNcate copy. 4. Shipping Insh azlic f 0 B Des!-stion prepaid IWeee oMerwAim eoayr.dl
ail lo - ACcounta Payable 6. No federal or state sa1es tax shy ii ba inchrded
215 E. Mcl(W" St In prices billed. Purchasing Dlvls on
Denlnn, TX 76PO1 \%r'!^ESR
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
MEMORANDUM
TO: DENISE MANNING, PURCHASING
FROM: JOHN LOBAUGH, SUPERVISOR, LANDFILL
DATE: DECEMBER 27, 1990
SUBJECT: 8168 COMPACTOR RIG #2550
On December 17, 1990, a rod went through the engine block on rig 2550.
The machine Is 5 112 years old and has 17,120 hours on It. It Is the
primary machine for compacting garbage. The engine had 3,000 hours on
It at the time it broke dawn. It had been overhauled in December, 1989.
There Is not adequate back up machinery and the longer the ccrripator Is
darn, the more space is wasted by not oer.tina the proper compaction of
garbage.
8171566.8200 DIFW METRO 4344529
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DATE: 01-08-91
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Farrell, City Manager
SUBJECT: EMERGENCY P.O. #11569.-A&P WATER SUPPLY
TOTAL AMOUNT $30,974.65
$ECg=t{DATIONs We recommend this emergency purchase order
to A&P Water Supply in the amo-snt of $30,974.65 be approved ;
for payment.
SUMMARY- This emergency purchase order is for water system
repair and maintenance items stocked in the City of Denton
Warehouse. The normal stock levels for these items were
repidly depleted due to a large number of water line breaks
and numerous other water service problems related to the
recent extreme cold weather. Sufficient time to bid these
items was not available due to the arrival of additional
extreme cold weather. Prices were solicited by phone quotes
and the order issued to the vendor with the lowest prices. ~
The quantities listed on P.O. 011569 will bring these repair
materials back to necessary stock levels. This purchase
will help assure availability of supplies for field service
crews to make emergency repairs so that water utility
service is disrupted as little as possible.
BACKGROUND: Purchase Order #11569; Quotations
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Warehouse
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FISCAL IMPACT: Working Capital for Warehouse Water 6 Sewer
Account #710-043-0582-8709
Respectfully submitted:
Lloyd V. Harrell
City Manager
Prepared by:
Name: Denise Harpool '
Titles Senior Buyer
Approveds
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
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THIS IS A CITY of DENTON, TEXAS
CONFIRMING ORDE
(IF MARKED) R PURCHASE ORDER NO
This number must appear on as PC 1: 569
DO NOT DUPLICATE nvoces, delivery slips. cases.
tins., bores packing slips aril bills.
Rep No. Bid No'
Date 12 31 90 Page No.
G.
VENDOR PURCHASING D!V IS/0N / 901.8 TEXAS STREET /DEN TON, TEXAS 76201
NAME/ A F. P VATER& SEWER SUPPLIES 817787.7100 D,FWMETR08171267-0042 fAX81,,3824692
ADDRESS P.O. BOX 84124? DELIVERY CITY OF DENTON WAREHOUSE
DALLAS. TEXAS 75284-1292 ADDRESS CONFIRMATION ONLY C02
00 NOT DUPLICATE
.
VENDOR NO, DEUVERY QUOTED
001749007: 01 15 91 FOB DESTINATION TERMS
i
702 56000 EA VENDOR CAT• 0 N / A MFG NAME '
CITY 8 34060050 050 484.600 2*423.00
FIRE HYDRANT 3s BURY
I
5.000 EA VENDOR CAT• /
CITY A 34060100 100 A MFG NAME 496.250 2.483.2:
FIRE HYDRANT 3 1/2111 BURY
03 20.000 EA VENDOR CAT• t N / A MFG NAME 507.900
CITY 0 34060150 160 10.158.00
FIRE HYDRANT 49 BURY
04 3.000 EA VENDOR CAT* r N / A MFG NAME 533.200 3s593.b0
CITY 1 34060200 200
FIRE HYDRANT Ss BURY
05 20.000 EA VENDOR CAT• NA-301-01 MFG NAME 84.!00 1ab82.OD
CITY 0 34062000 Goo
HYDRANT REPAIR KIT. NEW STYLE t r
06 40.000 JT' VENDOR CAT61002606 23.000 920.00
CITY 0 PIPE PVCSEVER06"6X'200 MFG NAME
07 6.000 JT VENDOR CAT. • N / A MFG NAME
CITY 0 67025100 100 650800 394080
PIPE PVC SEVER 10" X 208
PAGE TOTAL 19.652.65
VENDOR INSTRUCTIONS: 3 terms - Net 3C r.., oae g xr w ¢r eeC 1
j 1. Send wginal irnrDlce with duplicate copy. 4. Shipping InOtruC: _n4; F.0.8, Dest:oatbn prepaii, ,.+r.~a +c• •T:• 2.6,17 6,11110 - Accounts Payable 5, No federal
or stare sees tax Ball ire included
ti 215 E, McKinney St. In prices bl"=a,
(>o,f^^ Tx 7P%0 i+- ,nn vurchasi D:v°4sion
1111
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PHIS IS A w PURCHASE ORDER NO: PC 11569
CONFIRMING ORDERS This number must appear on all
(IF MARKED) invoices delivery saps, cases.
DO NOT DUPLICATE ctns, bcKes, packmq slips and bills
Date. 12 31 90 Page No, 02
Req No: Bid No:
PURCHASING DIVISION/901B TEXAS STREET/DENTO M, TEXAS 7610)
VENDOR 877/383.700 01FWMETR08I712670062 FAX817/3880692
NAME/ A G P WATEA& SEWER SUPPLIES DEUVERY CITY OF DENTON WAREHOUSE
ADDRESS Pilo. 9 0X 841292 ADDRESS CONFIRMATICN ONLY C02
DO NOT DUPLICATE
DALLAS. TEXAS 75284-1292
TERMS ~ I
VENDOR NO. APW4r3000• DELNERYQUOTEO 01 15 91 FOB DESTINATION 1
08 3.000 EA ENDOR CAT. t N / A MFG NAME 186.250 558.75
CITY A 67039400 400CE.
SLEEVE TAPPING 4 X 4 5j3000
106.600
70 82000 000 'A MFG NAME
09 5.000 EA Ellis Y CATo
VALVE 'GATE FL 3"-
619675
MFG NAME 1239950
10 5.000 £A ENDOR CAT• J N / A
j CITY 0 67082020 020
VALVE GATE FL 40
MFG NAME 1650700 19988.40
1 31 12.000 EA ENDOR CAT* 0 N/ A 1
CITY 67062040 040
VALVE GATE FL 6• 19294.75
MFG NAME 258.950
12 5.000 EA ENDOR CAT• 8 N / A
F_ CITY A 67082060 060
VALVE GATE FL 6" I
8.000 A ENOR ITY 0A670S2080 080 A MFG NAME 133.750 19070.00
13 C
VALVE GATE MJ 4"
MFG MA14E 173e150. 1.385.20
14 88000 EA ECITY 0A67082100 100 A
VALVE GATE NJ 60 j
PAGE TOTAL 7.449.85
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{ VENDOR INSTRUCTIONS: 3, Terms Net 30 (unless onerwAse K~rd.l
1. Send v4nal invoice with dup; Cate COPY. 4. Shipping instructions: F.O.B. Destination PrePaid Willis pmerwe9 llbaVed)
2 Bdt to - Accounts Payable 5. No federal or state sales tax shall be Inctuded Purnhasin Div lion
,
~ 2 15 E. McKinney SL In price s tZed VENDOR
Denton. TX 76201 J
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THIS IS A
CONFIRMING ORDER f +4ASE ORDER NO
1 {IF MARKED) Aber must appear on all PC 11.569
DO NOT DUPLICATE i~ ~_~Kesl,~packlrVslipssandbills-
Req No: Bid No: D31e: 12 31 90 Page No, 03
t VENDOR PURCHASING OlVISION/901 B TEXAS STREET ID£NTON, TEXAS 76217
NAME/ A 6 P WATER& SEWER SUPPLIES 6 1 7136 3 7 10 0 D/FWMETR0 6 171267-0012 FAX 9171382.6692
ADDRESS P.O. BOX 841292 DELNERY CITY OF DENTON WAREHOUSE
ADDRESS CONFIRMATICN ChLY C02
DALLAS• TEXAS 75284-1292 DO NOT DUPLICATE
i
VENDOR NO. APW9060: DEUVERYCUOTED .01 15 91 FOB DESTINATION TERMS j
-0 m~mmimmimp~~
15 5000 EA VENDOR CA00082120 N / A MFG NAME 269.350 1#346.75:
CITY / 120
VALVE GATE MJ Sw
I I
16 12.000 EA VENDOR CAT. 0 N / A MFG NAME 210.450 2#525.40
CITY 0 67082250 250
VALVE TAPPING 60
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` PAGE TOTAL S 3#872#15
rl GRAhD TOTAL : 30#974.65
01 710. 043 0582 809 30074.65 i
I E 1
t VENDOR INSTRUCTIONS: 3, Terms- Net 30 !Unless cnrrwlse speUMd.)
1. Send original imroice with di pficale copy. 4. Shipping lns1f1Jc6ane: F,O B Oestlnalion prepaid IUnie.L 0tt* a speca.dl
2. Big to Accoi Payable saves 5, No ledefal or stale lax shall be included
215 E. McKinney St In prices billed
Denton, TX 76201 VENDOR Purchas DiVlsbn
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P.O. #11569
COMPETITIVE QUOTES
(Water/Sewer Supplies)
I INDUSTRIAL I BOWLES I A S P I
IINTERNATIONAL I 6 EDENS 1 WATER I
---I-------------- 1----•---------I-------------I
Description --I Unit Prices I Unit Prices I Unit Prices
I---------------I--------------I-------------I
3' Fire Hydrant----- I $510.00 l $490.00 1 $484.60 1
3 1/21 Fire Hydrant I $520.00 ! $502.00 I $496.25 1
41 Fire Hydrant 1 $530.00 1 $514.00 ( $507.90 1
51 Fire Hydrant I $555.00 1 $538.00 I $531.20 l
Hydrant Repair Kit I $95.00 I $89.80 1 $84.10 I
6" x 20' PVC Sewer Pipe 1 $23.00 I $26.00 I $23.00 1
10" x 20f PVC Sewer Pipel $66.00 I $72.00 I $65.80 I
4 x 4 Tapping Sleeve I $189.00 1 $207.00 1 $166.25 1
1 J
3" Flanged Gate Valve I $120.00 1 $106.90 1 $
4" Flanged Gate Valve 1 $136.00 1 $124.25 1 $123.95 1
6" Flanged Gate Valve 1 $177.00 1 $166.00 1 $165.70 1
8" Flanged Gate Valve 1 $276.00 1 $259.50 1 $258.95 1 {
4" MJ Gate Valve I $139.00 I $134.00 I $133.75 I
6" M.i Gate Valve I $177.00 I $173.60 I $173.15 1
8" 14J Gate Valve I $276.00 1 $270.00 1 $269.35 1 {
6" Tapping Valve I $220.00 I $211.00 I $210.45 1 f!
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January 1991
CITY COUNCIL
AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM. LLOYD V. HARRELL, CITY MANAGER
SUBJ: HYDROELECTRICGFACILITYNCONTRACTEWITRAY H MARTIN SK. EBY
CONSTRUCTION CO., FOR THE CONSTRUCTION OF THE 60" RAW
WATER LINE 6 DRAINLINE.
c:¢
RECOMMENDATION: approval of
The public Utilities board recommends app
Change Order No. 2 for an amount not to exceed
$12,781.81. The original contract amount for this
project ,000
SUMMARY:
Amendment No. 2 for Proposal No. 3 includes the following a
items
* An extension of approximately 90 LF of 60" steel r
pipe from Denton's vault where the flow is divided
between the hydroelectric facility and the proposed
new water plant at Lake Ray Roberts. This extension
will serve as a stub out for the Lake Ray Roberts s
Water Treatment Plant.
* Approximate 143 LF of 12" drainline which will be a
used to clean and drain the 60" raw water line
going to the Lake Ray Roberts Water Treatment
Plant. The drainline will share a common trench
with the 60" penstock going to the hydroelectric
facility.
The contractoroosa
The engineersrestimate forothisiworkrisi$175,00081.81.
s
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BACKGROUND:
The water department has been exploring the possibility
of having M.K. Eby incorporate a portion of the raw water
line from the Denton 's vault to the proposed
pump station as a change order to the Lake Ray Roberts
Hydroelectric aroximatelyr901 of 601, waterline and
installation of f appthe legal
143' of 12" drainline. It was determined by {
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department that it would only be appropriate to extend
the 60" raw water line so that it clears the
construction area of the hydroelectric facility. The
extension will allow the water department to connect to
this line at a reasonable depth instead of the 241 depth
adjacent to vault. The extension will also isolate
the Lake Ray Roberts Water Treatment plant construction
from Hydroelectric facility and from the possibility of
voiding any warranties.
The drainline is to allow for the maintenance of the 60"
conduit and to facilitate sediment removal during the
initial phases of the water treatment plant when the
velocities are low. The 12" drainline is to be located
in a common trench to the 60" line from the penstock to
the hydro.
Because all of this work is to occur on the same site as
the hydroelectric facility and Black 6 Veatch is familiar
with and has all pertinent information on the site, the
utility department asked Black & Veatch to modify the
existing plan3 and specs to incorporate the additional
60" raw waterline and the 12" drainline. Black & Veatch
has completed the plans and have been approved by the
Corp of Engineers. The plans were submitted for Eby to
prepare two proposals, one for steel pipe and One for and
one for concrete cylinder pipe.
r
AGENCIES AFFECTED:
Citizens of Denton, Denton Municipal Utilities, and
Martin K. Eby Construction Co.
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FISCAL IMPACT:
The maximum for fee for Amendment No. 2 for Proposal i
No. 3 is $102,781.81. This fee has no impact on the
total funds spent for the hydroelectric facility. The 1
items in this scope were budgeted for and will be funded
through the Lake Roberts Water Treatment plant project.
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Respectfully submitted,
Lloyd V. Harrell
City Manager
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Prepared by: Approved by:
Tenn A. Gary R. E. Nelson, P.E.
Engineer Assoc. I Executive Director of
Water/Wastewater Engineering Utilities
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Exhibit I Change Order No. 3
II Location Map
III ordinance
IV Public Utility Board Minutes
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BLACK & VEATCH
.1r ~,1,6"10r0Br.P41 rJS,0''Ir5is
88V Project 10567
City of Denton, Texas B~V File 71.0200
RAY Roberts Hydroelectric Project December 17, 1990
RFhP No. 3 and CO No. 3
City of Denton
Municipal Building
215 East McKinney Street
Denton, Texas 76201
Attention: Mr. R. E. Nelson
Gentlemeni
Enclosed please find Request for Modification Proposal (RFMP) No. 3 form I
and flue copies of Change Order (CO) No. 3 farm. These are the two forms s
which were referenced in the Black and Veatch letter dated December 139
1990. 6
Eby's response to RFMP No. 3 results in a total cost of $1020781.00, Black
6 Vetch has reviewed the prgposal and recommends that the City accept s'
Eby's proposal.
CO No. 3 results in a total cost of $102,781.00. After review and approval
F
of this document, please execute all five copies of CO No. 3 by signing at
the appropriate location, and then return four of the copies to the Black
and Veatch field office for final distribution.
3
Please give me a call at (817) 458-4077 if you have any questions.
Very truly yours,
i
BLACK 6 VEATCH
~
John R. ZHollenbeck
Enclosure
cc: Mr. D. F. Guyot
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 2 TO A
CONTRACT BETWEEN THE CITY OF DENTON AND MARTIN K. EBY CONSTRUCTION
CO., INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 16, 19901 the City awarded a contract for 1
the construction of certain improvements to Martin K. Eby
Construction Co., Inc. in the amount of $1,646,000.00; and
WHEREAS, the City Manager having recommended to the Council c
ordercobeing ntract with
that a change order be authorized t amend such
in
respect to the scope and price and said change
compliance with the requirements of Chapter 252 of the Local
Government Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That change order no. 2 to the contract between the
City and Martin K. Eby Construction Co., Inc., a copy of which is
attached hereto, in the amount of One Hundred Two Thousand Seven
the and expenditure ($102,781.00) of fundstherefor is hereby
Hundred approved Eighty-one
authorized. +
SECTION ii. That this ordinance shall become effective !
immediately upon it passage and approval.
PASSED AND APPROVED this day of , 1991.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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BLACK & V EAT C H
CITY OF DENTON, TEXAS
RAY ROBERTS HYDROELECTRIC PROJECT
PROJECT NO. 10567
REQUEST FOR MODIFICATION PROPOSAL
.o MARTI"I K. EBY CONST. CO. INC. DATE _OV71 ER.16,F199
1500 BROWN TRAIL RFMP NO.
BEDFORD, TEXAS 76022 AUTHORIZED BY
{Black h Veatc 1
ATTN: MR. ANDY RIEDER
You are hereby reouested to submit a cost proposal to perform the below described work in accordance with the contract
specifications. Backup data used t~ develop the below indicated price shall be submitted with this proposal. Please execute
and return three copies of this document to Stack r1 Veatch by
,
O You are directed to immediately identify to '.he Engineer and pursue any and all of the described work which
it necessary to be purwed intmediauly to support the Contractor's overall schedule.
W'ORA DESCRIPTION
Changes traded to the contract drawings (see manifest dated 11/14190 for list of
drawings and revision numbers). These changes are with regard to the raw water
pipeline and drain line. This proposal is with regard to construction marked
"Option 1" on Drawing 53021, and applies to steel as the material used for the
60 inch diameter raw water piping. i
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MODIFICATION PROPOSAL
TO BLACK & VEATCH DATE
MP NO. 11.O~OV Rt.IQ Q3
We propose to perform the work as described in the above reauat for modification proposal in accordance with tt a contract
specifications for the total price of APPROVED BY
ilARTIA' K. EBY CONSTRUCTIOtZ CO ThC. '
IContr 1I
DATt?~ 1 4 1
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BLAC K & VEATCH
IS00 MEADOW LAKE ►ARKNAI'
MAILING ADORESS ►O BOX NO 640S
KANSAS Ci/ y MISSOURI 6"',
CHANGE ORDER
CONTRACTOR MARTIN K. EBY CONSTRUCTION CO., INC. a
CNANOE ORDER N0, Q03
CONTRACT POR GENERAL CONSTRUCTION OLTE DECEMBER 12, 19gp
oNxER CITY OF DENTON, TEXAS sattl•ICAtION No. 71.0000
ppo'EC1 RAY ROBERTS HYDROELECTRIC PROJECT RILE 10.84.1000j
►ROJECT NO. 10567
Tne contract 16 MraDY Changed at follows;
Dollars
Raw Water Line, Option No. Steel Material for the
60 Inch diameter Pipeline, per RFMP No. 3.
$1020781.00
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approved for 9LACA vrvcm Nel (addition(
t1901tlQf~ Of this order
Previous total (1t9t kitft) (deductlo4 to contract, 102, 781.00 1
Net tout (adoltlon) OmEdutdtknl to contract (241017.00)
Date ~LZ__FG ~e ~ Original contract aMUN . 78,764.00
Net Contract unount. . ' ' 1,646,000.00
CITY OF DENTON, TEXAS 1a724R764.00
MARTIN K. EBY CONS ULTION_ C
(0+eer )
tY tractor)
Date is DY Al e '--1l tei2A
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...,.,._~.•~r/'. - L.1«E. FLY POSEATS
E ~ r
- - - - - - - - - - - -
I iPROPOSED LAKE RAY ROBETS
WATER TREATMENT PLAIT 7,
~
0, NORTH
l w PROPOSED 36' i' L Y
wr
f _:TRANSMISSION MAIN
tl~-- r
l III J _ Y L. ,
I i !4 ` IIRUOERYILLE
I \ 'L
I ~ I ! / .pmt I ~ t.
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PROPOSED HARTLEE FIELD ROAD
I y
BOOSTER PUMP STATION, -
I - ` f
close
al ADS
11 \ LL t
Y % r+ 4 i { I
50
DENTON r
I .k+ f rd ~ ~y. p , I Rs'a
-
~euw«~ r.C.1 1 1
L*enL I t 1 + .
c f = ` EXISTING WATER
.,;I
``rr TREATMENT PLANT t~
L j I •w I rAar S"
j, EXISTING 30"/
!
«,a ,,,,a« . iY L r n RAW WATERLINE 'f
. pm t•QPI. T L
+ ~ % ,till ~ CORINTR ~~f ~ d•
oo
• pEXISTIN021' r 199
rA4o1
RAW WATER LINE l +r
1.
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E . tiv Of 4, (R
4RGTlE !F4 I - t`
L- EXISTING RAW t
[iori ow n IWATEP rU P T ON
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January B. 1991
CITY COUNCIL
AGENDA ITEM
TOi MAYOR AND MEMBERS OF THE CITY COUNCIL
FROMI LLOYD V. HARRELL, CITY MANAGER
SUBJ: CONSIDER AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENT No. 2 TO THE AGREEMENT OF FEBRUARY
16, 1988 BETWEEN THE CITY OF DENTON AND FREESE 6
NICHOLS INC. RELATING TO PROFESSIONAL ENGINEERING
SERVICES FOR DESIGN OF THE LAKE RAY ROBERTS WATER
TREATMENT PLANT; AUTHORIZING EXPENDITURE OF FUNDS AND
PROVIDING AN EFFECTIVE DATE.
RECOMMENDATION:
The Public Utilities Board recommends to the City Council
approval of Amendment No. 2 to the agreement with Freese
6 Nichols Inc., for the scope modification to the
detailed design services for an amount not to exceed
$32,276 for a total maximum contract fee not to exceed
$513,682 (total for amendments 1 6 2).
SUMMARY:
S
Amendment No.l includes additional items which were
included in the scope of work based on the preliminary
design report. The maximum fee established for
amendment No.l is $481,406 which does not provide any
contingencies for extra work or for scope modification.
Amendment No. 2 includes the following scope which has
been identified by staff and the engineer as necessary {
in order to operate the water treatment plant as intended
by the city.
* A 12 ft. by 30 ft. masonry structure to house the
potassium permanganate feed equipment and the raw
water pump station switchgear.
* A four (4)-bay sludge lagoon instead of a three
(3)-bay sludge lagoon as identified in the
preliminary report.
* A central pump station with two (2) 15 MGD mixed
flow pumps with a 20" discharge line routed to the
sludge lagoons.
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7 1 Fri 3'
* Substitute an anhydrous ammonia feed system for the
aqueous ammonia feed system proposed in the
preliminary report.
Amendment No, 2 also includes the following modifications
to the Administrative/Operations building to provide a
building more appropriate for a regional treatment
facility.
* Provide revised conceptual layout drawings and
detailed drawings of the administration and
o
and parts area, and perations building illustrating a permanent shop
administrative/operations p the
building and the chemical
building into one building.
* Add a branch to the plant access road and expand
the parking area to service visitors to the 1
administrative and operations building.
F
The total additional fee for the scope modification
listed above shall not exceed $32,276 bringing the total
detailed design fee to a maximum of $513,682.
BACKGROUNDt
For additional information on the initiation of the
modification to the scope see exhibit I (letter from
Freese & Nichols to Lee K. Allison dated September 6,
1990.)
AGENCIES AFFECTEDt
Citizens of Denton, Denton Municipal Utilities, and
Freese 6 Nichols Consulting Engineers Inc.
FISCAL IMPACTt
The maximum for Amendment No. 2 is $32,276 for a total
maximum fee for the detailed design phase of ;513,682
which is 6.71 of the estimated construction cost of
$7,723,000.0
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Respectfully submitted,
1 Ayd. Harrell 1
City Manager
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P.~~ yAtWCFq
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Approved byr Prepared byr r
R. E. Ne son
Lnn
Director of Utilities i A. Gary
Engineer Associate I
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Exhibit I Cover Letter From Freese & Nichols ~J
II Amendment No. 2
III Location Map
IV Ordinance
V Public Utilities Board Minutes
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MUM %CN01L FL
JN I Iltlt I L
101111 L CAOCIL I L
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AND
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Nichols 1K~* 4, M.,L
INC. rAn N. eaves ►L
101111 I. PtNM ►.L
CONSULTING ENCINE£AS NOVA C. Woo PA.
IONNN K LI 0R /.L
NK,1AAL L NKNOLL ►.L
CAIN K WCOM, ►.L Ii
W. 14NIR Ct~l LL
September 6, 1990 11111 L a111N4►L
M CIUa C. WW W N. I L
OWN L 0,11. ►.L
L %11L NUIfl, k1A,
COI k MACK ► L
UNW)NO L IONCAAIIL ►.L
mr. Lee K. Allison, P.E.
City Engineer Administrator
City of Denton
901A Texas Street
D-nton, TX 76201
i
RE: Lake Ray Roberts
Water Treatment Plant Design
Contract Amendment No. 2
DTN 9003213.10
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Dear Mr. Allison:
1
Attached please find Amendment No. 2 to the Agreement for Engineering Services dated
February 16, 1988.
Item No. 1 is the addition of a masonry structure to house the potassium permanganate feed
equipment atsd the raw water pump station electrical switch gear. The original plan had the
chemical feed equipment located in the pump station vault and the switch gear on top of
the pump station slab. At coordination meeting no. 4A on July 24, 1990, City staff requested
the chemical feed equipment be located at ground level next to the pomp station for better
accessibility and be housed in a masonry structure because of the concern of vandaWnL At
the 40% QC meeting on August 30,19909 City staff requested the electrical switch gear also
be enclosed to guard against vandalism, to protect the equipment from the permanganate
vent discharges, and to provide a controlled environment to allow the variable frequency
drive units to operate more efficiently. The 12 ft x 30 ft building described in the
modification is based on the
tee
amendment satisfies both requests. The estimated
increased fee for the Architect (Gary Juren tit Assoc.) as well as the electrical, and HVAC
requirements of the building.
Item No. 2 is the addition of a fourth bay on the sludge lagoons. This was required to allow
the single sedimentation basin to be drained during the initial 10 MOD siting of the water
plant.
EXHIBli
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items No. 31 4, and S involve modifications to the AdministratiordOperations Building as
requested by City staff at coordination meeting no. 4 on July 18, 1990. The objective being
to provide a building more appropriate for a regional treatment facility. The work involves
preparing revised conceptual layout drawings to increase the building size from 6200 SF to
8700 SF, The major addition is the permanent maintenance area which has high headroom
and special structural requirements. The fee modification reflects the expanded building
architectural scope as well as the structural, electrical and building mechanical requirements.
Item No. 6 is the addition of a central pump station within the plant site to allow a portion
of the filter backwash water to be diverted to the sludge lagoon and to allow all basins to
be drained completely. At coordination meeting no. 4A City staff requested the first 10
percent of filter backwash flow be diverted out of the treatment loop to better control nded tastelodor excursions. Since no sanitary sewer service is available,
tbeity of his req est lution
was to route the flow to the sludge lagoons. In verifying the was
noted that due to site constraints the backwash water would not gravity now to the sludge
lagoons.
To allow gravity flow required lowering the sludge lagoorss approximately 14 it or providing
filter backwash waste pumps. The second alternative was the least cost option. Additionally,
at coordination meeting no. 4B on July 31, 1990, it was agreed to provide basin dewatering
sumps and portable pumps to allow all basins to be drained completely.
Combining the two net is resulted in the recommended addition of a central pump station n reflects
the to divert the backwash water and drain the basins. Theef`eeemood~ n~tiothe attendant process ,
of a single drawing to detail the pump station, spe 'fltl
structural, electrical and equipment control design. r
Item No. 7 involves a change of scope from feeding aqueous ammonia to feeding ammonia
in the anhydrous form. Freese and Nichols concurs with City staff reasoning in requesting CS-M the change. and to account for the design effort to date associa ed with
th a queou system.
t and CS
f When you have had an opportunity to review the contract amendment please contact me.
Very mily yours,
FRREEESE~ANND NICHOLS, INC.
Raymond R. Longoria, P.E., DEE
RRLAdh:0906.01
attachment(s)
cc: Glenn Gary
.
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AMENDMENT NUMBER 2
r^~ TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN
THE CITY OF DENTON AND FREESE AND NICHOLS, INC.
FOR LAKE RAY ROBERTS WATER TREATMENT PLANT
The Agreement for Engineering Services entered into and on the 16th day of
February, 1988, by and between the city of Denton (OWNER) and Freese and
Nichols, Inc., (ENGINEER) shall be amended as set forth hereunder. The said
Agreement is attached and is hereby amended by addition of the following to
Sections I and 11 of Amendment No. 1 to the Agreement, and shall read as
follows, to wits. r
1. Add the following to Section 1, Paragraph 1s
'A t2ft, by 30ft. masonry structure to house the potassium
perwsanganate feed equipment and the raw water pump station
switchgear.'
2, Substitute the following in lieu of Section I, Paragraph 6:
`A four (4)-bay sludge lagoon.'
3. Add the following to Section Is
'Provide revised conceptual layout drawings of the Administration
and Operations Building illustrating in plan view and front
elevation the changes requested on the July 18, 1990 meeting to
include a permanent shop and parts area; conduct a single work
session with OWNER's staffs and incorporate any revisions from the
work session into the layout drawings.'
4. Upon acceptance of the revised Administration and Operations
Building layout by the OWNER and written authorization to proceed,
substitute the following in lieu of Section to Paragraph g:
'An 8,700 W o two-story administration and operations building,'
S, Add the following to Section to Paragraph 1S:
'A branch to the plant acces r road and expanded parking area to
service visitors to the Administration and Operations Building,'
1 EXH I BIT 1J!
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6. Add the following to Section I, After Paragraph 121 1
13. 'A central Pump station with two (2) 15 Moo mixed flow pumps
and a 20-inch discharge Time routed to the sludge lagoons.'
1. Substitute the following in Section Is Paragraph 8 in lieu of j
'aqueous ammonia's
'anhydrous ammonia'
I
The ENGINEER shall be paid for the above described services as set forth In
Exhibit I of Amendment 10 Schedule of Charges, with the total additional fee
for Scope Modifications I through 7 not to exceed THIRTY-TWO THOUSAND TWO
HUNDRED SEVENTY-SIX DOLLARS ($32,278).
Estiau----~_
Scope Modification 01 $ 4,140
Scope Modification /2 n/c
Scope Modification 03 3,100 i
Scope Modification i;1 109790
Scope Modification Of 1,296
Scope Modification 16 81600
Scope Modification 07
Sub total
~ 32,276
Not Exceed Fin
Amendment 11 - Phase II
Detailed Oetign Phase 481,406
Amendment #2 • Phase It
Detailed Design Phase
Scope Modifications 1.1
TOTAL FEE NOT TO EXCEED $513,682
All r
Servicesrbi~nithetCiterms and t of condiions of tne, Ewhich all Nt
expressly uumded here, shall ramain in full force and effect,
2
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This Assendesent No. 2 is executed in two Counterparts, on this date the
day of , 1990.
ATTEST THE CITY OF DENTON
OWNER
Sys
ATTEST FREESE AND NICHOIS, INC. ENGINEER
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~-PAOPOSED LAKE RAY ROBERTS' -
l MATER TREATMENT PLANT "
- 4 ~
+ NORTH
I Y ~ _.,4'%,__-PROPOSED 30r • •
1RANSMISSIONMAIN„m
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PR POSED NARTLEE•FfELD ROA
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EXISTING 30- ~s ty
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AK[A IV at,
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EXCERPT
MINUTES OF PUBLIC UTILITIES BOARD MEETING
October 17, 1990 I'
11. CONSIDER AMENDMENT N0. 2 TO THE AGREEMENT WITh FREESE i
NICHOLS, INC., WHICH ESTABLISHES THE ENGINEERS COMPENSATION
FOR THE MODIFICATION IN THE SCOPE OF WORK FOR THE DETAILED
DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT.
Allison reviewed this item. After minimal discussion,, Frady
made a motion to recommend to the City Council approval of
Amendment t2. Second by Chew. All ayes, no nays, motion
carried.
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EXHIBIT.V.
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES
December 19, 1940 j
9. CONSIDER AMENDMENT NO. 2 FOR PROPOSAL NO. 3 TO THE LAKE RAY ROBERTS
HYDROELECTRIC FACILITY CONTRACT WITH MARTIN K. EBY CONSTRUCTION CO.
FOR THE CONSTRUCTION OF THE 60" RAW WATER LINE & 12" DRAINLINE.
Allison briefed the members on the history of these lines.
The bid received from Eby was $ 102,780. Laney recommended C,
the amendment to City Council for approval. Second by
Frady. All ayes, no nays, motion carried.
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO
THE AGREEMENT OF FEBRUARY 16, 1988 BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC. RELATING TO PROFESSIONAL ENGINEERING
SERVICES FOR THE DESIGN OF THE LAKE RAY ROBERTS WATER TREATMENT
PLANTS AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORES AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSS
aLQZQA-1• That the Mayor is authorized to execute Amendment I 1
No. 2 to the Agreement between the City of Denton and Freese and
Nichols, Inc. relating to the design of the Lake Ray Roberts Water
Treatment Plant under the terms and conditions contained within
said amendment, a co
hereof, pY of which is attached hereto and made a part 1
f
ACTION iz, That the City Council hereby authorizes the ex=
penditure of funds not to exceed Five Hundred Thirteen Thousand Six
Hundred Eighty-Two Dollars ($511,682) for the services required
pursuant to the Agreement, as amended.
SECTZ---III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
.._.T_r 1990. 1
BOB CASTLEBERRY, MAYOR
1
ATTESTS
' JENNIFER WALTERS, CITY SECRETARY
BYS
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CITY COUNCIL AGENDA ITEM January 08, 1991
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
RE: CONSIDER ORDINANCE FOR PROPOSED FEE CHANGE FOR
BACTERIOLOGICAL TESTING OF PUBLIC AND PRIVATE WATER
SYSTEMS
RECOMMENDATION:
The Public Utilities Board, at their meeting of
December 191 1990, recommenJed to the City Council
approval of the proposed fee change for bacteriological
testing of public and private water systems.
BACKGROUND:
In February, 1983 the Public Utility Board and City
Council approved a bacteriological testing fee structure x
allowing the Denton Municipal Laboratory to perform
bacteriological testing for the general public. The
decision to approve a fee structure for bacteriological }
testing was based on the fact that only municipal owned ;
l
aboratories received bacteriological certification from
the
were Texas Health. laboratories could
not provide bacteriological testing forro process and
compliance, '
The approved fees for bacteriological testing were
initially established at the fees indicated in Exhibit I
(coliform Bacteriological Analyses Fees).
SUMMARY:
The Division has experienced an increase in the cost of
bacteriological material and labor since 1983 and the
cost of service is not being recovered in the fee
structure. In addition, the Division must comply with a
regulatory change in testing methodology (effective
December, 1990).
Water system compliance is no longer based on total
coliform densities. The new regulations base system
compliance on the presence or absence of the total
coliform organism. In addition, all coliform posittve
samples must be analyzed for fecal coliform.
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Cost of service analyses are based on the new testing
methodology and are provided in Exhibit II. The proposed
fee structure recovers the actual cost of the testing to
the public plus the cost of the testing required for the ,
Denton system. 111
The Texas State Department of Health is currently
charging $8.00 for similar type testing.
FISCAL IMPACT: i
For the fiscal year 1989-90 the Denton Muncipal
Laboratory analyzed a total of 3,736 bacteriological cdI
samples for a total of $18,680 (;5.00/sample). Based on
the same number of samples for fiscal year 1990-91 at
$12.00/sample, the total revenue generated would be
$44,832.
GROUP AFFECTED:
Citizen of Denton County, Citizen of Denton, Denton
Public Utilities, Legal Department.
i
Respectfully submitted,
Lloyd V. Harrell, City anager
t
Prepared by, !
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Howard Martin, Director
Environmental Operations
Ap rove
R. E. Nelson, Executive Director
Department of Utilities/Community Services
Exhibit I Ordinance
II Minutes of PUB Meeting of 12/19/90
File:C:\WP51\PUBAGEND\121990
r,
UTILITY POLICY / PROCEDURES
2 ~G sueiECT:
sy4 MUNICIPAL LABORATORY CONTRACT SERVICES
TITIE:
Coliform Bacteriological Analyses Fees
EFFECTIVE DATE: eERi II
IViSIOK:
This policy establishes procedures for chargint and alyses billing totalcHunicipalalaboratory sand nis set pfo thmto
by the Denton
establish a more uniform price structure, to facilitate
reporting procedures and invoicing of all samples.
The Citq will require the following payments for ` C-
bacteriological work performed by the Denton Municipal
Laboratory:
1. Texas State Health Department 00/samla
"approved" water system f 5, p
2, All other water systems $10.00/sample
30 Re-sample or check samples $ 5.00/sample j
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EXHIBIT I
BASIS FOR CALCULATION OF FEE SCHEDULE j
The bacteriological fee calculation was based on the total number
of bacteriological analyses conducted by the Laboratory during the
fiscal year, applying the salary calculations as approved in the
1990-91 budget. Material expenses were based on the anticipated
material cost of the new bacteriological testing procedures.
COST PER BACTERIOLOGICAL SAMPLE
$3.45 MATERIALS/EQUIPMENT
66.76 LABOR
{
62.31 NON-OPERATION EXPENSES
612.52 TOTAL COST
I
* Labor calculations includes total benefits package
(625,277/3,736 samples a 66.76) 1{
Materials cost based on new Coliert Testing Procedures for
Presence/Absence Methodology
***Non-Operating Expenses Include Administrative Transfers and
Facility Debt Service
Administrative Transfer a $1.25/ax
(642026 + 34,134 samples)
(Facility Debt Repayment Based 21 of Principal For First
L Five Years and 6% on Remaining 15 Years, 7.5% interest)
Debt Repayment for Construction Grant a :6,159.50
($24,636 Annual Payment x .25 City's Share)
Debt Repayment for 1990 Expansion m 630,115
Total Annual Debt a 636,275 a
Total Annual Debt/Total Number of Samples 61.06/ex
(636,275/34,134 sx)
pg.3-disk 13
121990.PUB
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CITY OF DENTON
FEE SCHEDULE FOR BACTERIOLOGICAL ANALYSES
DEPARTMENT OF UTILITIES
MUNICIPAL LABORATORY
The following fees are proposed for bacteriological testing of
individual, private and public water systems.
ANALYSIS
FEE
Water System Compliance
Testing (Presence/Absence) $12.00
Total Coliform
(Membrane Filter) $10.00
Total Coliform I
(Most Probable Number) $15.00
Fecal Coliform
(Membrane Filter) $10.00
Fecal Coliform
(Most Probable Number) $15.00
Fecal Streptococcus
(Membrane Filter) $10.00 )
Fecal Coliform/Fecal
Streptococcus Ration $20.00 j
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES
December 14, 1990
6. CONSIDER APPROVAL OF PROPOSED FEE CHANGE FOR BACTERIOLOGICAL
TESTING OF PUBLIC AND PRIVATE WATER SYSTEMS.
Martin briefed the Board on the
proposed fee changes for
bacteriological testing. The changes compliment the new
rules and regulations in coliform testing. Frady made a
motion to approve the fee changes. Second by Laney. All
ayes, no nays, motion approved.
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ORDINANCE NO.
AN ORDINANCE ESTABLISHING FEES TO BE CHARGED BY THE DENTON MUNIC-
IPAL LABORATORY FOR COLIBORM BACTERIOLOGICAL ANALYSES; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That the Denton Municipal Laboratory shall charge
the following fees for coliform bacteriological testing of indi-
vidual, private and public water systems:
For water system compliance testing $12
(Presence/Absence) . . . . . . . . . . . . . .
For total coliform (membrane filter) . . . . . . . . $10
For total coliform (most probable number) . . . . . ,.$15
For fecal coliform (membrane filter) . . . . . . . . $10
For fecal coliform (most probable number) . . . . . .$15
For fecal streptococcus (membrane filter) . . . . . .$l0
Fur fecal coliform/fecal streptococcus ration . .$20 }
SECTION II. That all ordinances or parts of ordinances in r
force when the provisions of this ordinance become effective which
are inconsistent or in conflict with the terms or provisions con-
tained in this ordinance are hereby repealed to the extent of any
such conflict.
gECTION III. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of , j
1991.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM;
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: t
P. ~
besur /
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RESOLUTION NO.
A RESOLUTION RECOMMENDING A LOCATION FOR THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION LANDSCAPE GRANT AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received the 1990 Governor's
Community Achievement Award from Keep Texas Beautiful, Inc.; and
WHEREAS, the State Department of Highways and Public
Transportation provides a landscape grant in the sum of $100,000 to
the winner of the Governor's community Achievement Award in the
population category of 60,001 to 100,000r and
I
WHEREAS, the Denton Beautification commission has implemented i
the programs of Keep America Beautiful and Keep Texas Beautiful in 1
our community; and
WHEREAS, the Beautification commission has reviewed possible
locations for the landscape grant project and has recommended to F~
the Council that the site including a portion of Dallas Drive north
of Rio Grande be considered by the State Department of Highways and 1
Public Transportation; NOW, THEREFORE, 3
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES'
SECTION I. That the council supports the recommendation of
the Beautification commission and requests that the State
Department of Highways and Public Transportation consider the
Dallas Drive site in making a decision regarding the landscape
project.
i
SECTION II. That this resolution shall become effective
immediately upon its passage and approval. 1
PASSED AND APPROVED this the day of
1991.
BOB CASTLEBERRY, MAYOR
1
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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DATE: 1/8/91 ,
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Recommendation fur the 100000 Governor Community Achievement Award
RECOMMENDATION;
Recommendation that the City Council approve a resolution
designating Dallas Drive, north of Rio Grande and south of Teasley
Lane, as the proposed site to submit to the state Department of
Highways and Public Transportation (SDHFT) for expenditure of the
SUMMARY: 100,000 Governor's Community Achievement Award, i
I Gia
I
The Commission began discussing the proposed sites in May following
the award announcement. The SDHFT require that the landscape prize
be constructed on state right-of-way. The Commission reviewed a map
showing all eligible locations and proposed SDHPT. Most of the designated entranceways into rtheiocityy were
eligible. The Highway Department plan to do construction work
eliminated some sites, I.e, Fort worth Dr. Other sites, such as
University Dr., were already planned for landscape projects.
After lengthy discussions, the Commission narrowed the potential
sites to three. These three sites were considered because of their
visibility and overall location, Jeans Morrison, chair of the
Commission, Jesus Nava, Assistant to the City Manager, Owen Yost,
Urban Planner, and Cecile Carson, Administrative Analyst met with
Pat Haigh, Landscape Architect with the Highway Department to obtain
additional information on the process and to attempt to find out
what other award winning communities had done.
A number of factors were considered by the Commission during their
discussions. The cost of handscape (concrete and paving) versus
landscape (plants, trees, flowers, and shrubs) was an important
factor. The Commission also considered drainage improvements, the
availability to water, feasibility of continuing
the award, and city costs. Another issue was selecting aai itetor
requesting a design that would identify the project as an award to
the City and not solely a state project.
In November the Commission recommended three sites r-35/Lillian
Miller Parkway/Loop 288, Dallas Dr. north of Rio Grande, and the
r-35E and 1-35w merge. Tn December, the SDHPT informed the city
that the proposed three year maintenance agreement for r-35 sites
would not be possible due to budget constraints, The extended
maintenance was an Important factor in the Commission's November
recommendation. Commissioners also received additional input on the
appearance of Dallas Dr. and the importance of this entrance to the
city, The commission was polled by telephone between December 21,
1990 and January 2,1991, and the majority of those members polled
agreed with the Dallas Dr, site, The Q'imissioners polled are
concerned about completing the landscaping of Dallas Dr, to Teasley
Lane and not allowing it to remain unfinished,
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SUMMARY (ca,J:inuedi:
Pat Hai;h has provideJ the fo1Lidiny tentative schedule for
completi,i of t1a ProioC'.s
S;t: S-.!?Ztiori - J-)UBry 1991
pA,ch 1991
dF Sam*,c 1591 i
P:.a~~tiny - October 1931
The SDHPT }Ias provided L11, with Ltd specification information.
Denton comlentes will have an opportunity to bid on the landscape
project once they are added to the list of eligible bidder by SDHPT
BACKGROUND: S
The Governor's Community Achievement Award is presented annually by
Keep Texas Beautiful and the State Department of Highways and Public
Transportation. The Award was officially presented June 29, 1990
and includes a $100,0u0 landscape grant presented by the Highway
Department. The Denton Aeautification Commission application
Included information on clean-up events, enforcement, pub)ic
awareness, recycling, and quality of life, The SDHPT works with the
winning organization and community to select a site for the I
landscape project.
1
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Parks Department, citizens of Denton, Denton Beautification
Commission
I
FISCAL IMPACT:
The State prepares the design and provides 4100,000 worth of
materials and additional services. The SDHPT has indicated that the
maintenance responsibilities for the city would begin in October
1993. 1
.Se 4V.
lo rell
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Prepared byCity manager
Cecile Carson
Administrative Analyst
Ap ed
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Assis ant to the City na r
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