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HomeMy WebLinkAbout06-25-1991 i AGENDA CITY OF DENTON CITY COUNCIL June 25, 1991 Work Session of the City of Denton City Council on Tuesday, June 25, 1991, at 5:15 p.m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: Note. Any item listed on the Agenda for tho Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:15 p.m. 1. Executive Session: A. Legal Matters Under Sec, 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in Pastel y. Cif. i' 2. consider action in Gladden v, Cif. i 8. Real Estate Under Sec. 2(fArt. 6252-17 V.A.T.S. C. Personnel/Board Appointments - Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. Consider appointments to all City of Denton t Boards, Commissions and Task Forces. 2. Receive an update and hold a discussion regarding the i Truman Harp complaint. 3. Receive a report and hold a discussion concerning a proposed City of Denton drug policy and proposed policy for investigation and inspection of City 4 equipment/facilities. Regular Meeting of the City of Denton City Council on Tuesday, fi June 250 3,991, at 7,100 p.m, in the Council Chamberr, of City ball, 215 E. McKinney, Denton, Texas at which the following items will be eonsiderod: 7:00 p.m. s 11 Pledge of Allegiance 2. Consider approval of the minutes of the Regular Session of June 4, 1991 and the Special Call Se9Nion F of June 11, 1991. 3. Citizen Reports A. Receive a citizen report from Joe Dodd concerning pornography and tho City Vranchise. ~s, k 1'! City of Denton City Council Agenda June 25, 1991 Page 2 4, Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning a 14 acre tract of land from the Planned Development (PD) District to the Agricultural (A) District on property lao ~ t inon the southeast corner of Highway Road, north of Windsor. CoDrive. mmission-91-003 me(The Planning and zoning recnded approval 4-1 at its June 12, 1991 meeting). nd cir on of an Code of B. Hold a public hearing Chapteron35d©oE a the dopti ordinance amending an Outdoor Amusement and Ordinances creating amending Chapter 3+4 of { Recreation District the Code of Ordinances to o provide an exception to parking lot paving requirements, (The Planning and zoning commission recommended approval 5--0 at its June 12, 1991 meetitiq.) C, Hold a public hearing and consider adoption of an Joint ordinance abolishing the Denton City-County Airport Zoning Board; amending Chapter 3 of the Code of Ordinances Commission for the iforth an Airport zoning i` } the powers and duties of the ion Commission. (The recommended he Planning and zoning adoption by a vote of 7--0 and the Municipal Airport Board 6-0 at the joint meeting held April 17, 1991). 5, Consent Agenda Each of those 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 t city Manager or hie designee to implement each item in accordance with the Staff recommendations, s Listed below are bids and purchase orders to be approved for payment under the ordinance attached of the agenda. Detailed back-up information is to 6 r), This listing to ordinances (Agenda items 6.A, 6. B, pirovided on the Consent approval end al to lloordinan il. Members to discuss any i prior the A. Bids and Purchase orders. 1, Bid #1249 - Carroll Blvd. Turn Lane 2. Bid #1257 - Asphalt-Emulsion Road Materials 3„ P.O. $13692 - DES Esther Wyes 1:i it City of Denton City Council Agenda June 25, 1991 Page 3 B. Tax Refunds 1. Consider approval of a tax refund to Golden Triangle/Cencor Realty Services. C. Plats and Roplats 1. consider a preliminary replat of the Denton North Addition from Unit 1, Block 1 into Lots 1-k7 and 1-W. The 2,3006 acre site is located on the northeast corner of U.S. Highway 77 and Fallmeadow Street. (The Planning and Zoning commission recommended approval 5--0 at its June 12, 1991 meeting.) 6. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, j equipment, supplies or services. (5,A.2. Bid 01257) B. Consider adoption of an ordinance accepting E competitive bids and providing for the award of r contracts for public works or improvements. (5,A.1. Bid #1249) 0. Consider adoption of an ordinance providing for y the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordanoe with the provisions of state law exempting such purchases from requirements of i competitive bids. (5.A.3. - P,O, 013892) s D. Consider adoption of an ordinance amending the sched:,,I.e of electric rates by adopting an amended Schedule TS ('t'hermal Storage Incentive Rate). + (The Public Utilities Board recommends approval), R. Consider adoption of au ordinance approving agreements for judgement for pending litigation between the City of Denton and Melton 11, Woodson. i, 7, Resolutions a' A. Consider accepting Minute Order Number 91656 adopted by the Texas Highway Commission regarding improvements to Farm to Market Road 24991 4 accepting Minute Order Number 91657 adopted by the Texas Highway commission regarding the extension of Farm to Market Road 2499 and Loop 280, l'. City of Denton City Council Agenda June 25, 1991 Page 4 B. Consider approval of a resolution temporarily closing the 135E Frontage Road on July 4, from 7:00 p.m, to 10:00 P.m., for the Kiwanis Fireworks Spectacular, g, Miscellaneous matters from the City Manager. A. Receive a report from the council Subcommittee and hold a discussion regarding a proposed reception for the retiring Council Members and Board/Commission members and take appropriate action. 0£fioial Action on Executive Session Items: 9. } A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 10. New Business: This item provides a section for Council Members to suggest items for future agendas. . 11, Executive Session: A. Legal Matters Under Sec. 2(e), Art, 6252-17 f V.A.T.S. H. 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. i NOT9: THE CITY COUNCIL, RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. CERT I F I C.ATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the _ day of 1991 at o'clock s (a.m.) 4 CITY SECRETARY k 3404C a ~ ej_i~ r' . I-erm CIY'Y o11~ENToN, TEXAS MUNICIPAL 9UILDINO / DENTON, TEXAS 78201 /TELEPHONE {817) 588 8307 ' Office of the City Manager { ME M 0 H A N D U M P i T0. Lloyd V. Harrell, City Manager 'l FROM: Riok Svehla, Deputy City Manager t; DATE: June 21, 1991 ' t ' SUBJECT: Drainage Easement of Truman Harp t ; Recently. Mr, Harp appeared before the Council to ask for some As we have access relief to the rear, of his property. indicated to the Council previously, Mc. Harp had two means to i access to his property. One was a head-in driveway leadi the original garage on his house and the second was tthroughIn ' i drainage easement and flume to the rear of his property. f the mid 198 we installed an inlettin frontoof the drain age flumeaon system and w placed Mr. Harp's property. Before we constructed that we visited i with Mr. Harp to talk about options that wou and astilllallow hus _ to have access to the rear of his property the ranae e. This place for theiinletfand allowed to build the inlet at the the most economicalt was and is t us to build the system in the most economic way. In those meetings with Mr. Harp, we discussed Option L (see ~ attached drawing) with Mr. Harp. That would have rebuilt the driveway for Mr, Harp further to the north toward the middle of his property and would have reconnected to the drainage flume to allow access to the rear of the property, Mr. Harp did not In subsequent I like that option and did not accept that. meetings ud d Fin' those discussions. wThisdioptiond would shave was anal would optionconnectI on paved a drive opnropeu y, in cost to side of Mr, , Harp's lowed him yardtion he vnorth sided of a hiss ha e. Staff c indicated hto bMr. a Harp they would not build a total driveway, but that they wuuld our build an Our° staff ofwadsrivewa ad is;ed that that wasanot an ac eptabl.e option, alternative either. We advised Council of those two options and sought legal advice as to whether we could proceed with the construction and were advised by both bodies to proceed, t, i• , Rick Svehla Truman Harp Easement Page 2 During construction and after construction, there continued to be discussions with Mr. Harp. Two other proposals were looked at. Originally we looked at installing a pipe underneath Mr. Harp's flume and the adjacent property to the west. This pipe system would have ultimately terminated in an inlet on the cul- de-sac one lot west of Mr. Harp's. This system is shown on the attached drawing as option 4 and you can see the costs are much more expensive. There was also a third option that Mr. Harp { ?t talked about, that was an option to build a "grate" inlet in i the mouth of the drainage flume. Grate inlets are very inefficient when compared to regular "open throat" inlets. In order to build a grate structure sufficient to take the same amount of water, we would have had to build a grate the total w',1th of the drainage flume and it would have had to be 20 - 25 " t feet long. We would havo also had to build extra inlets along the street in order to take water from the street in this ; scenario, The cost for that option is also indicated on the ; A4 A attached drawings. r I should indicate to you that all the costs indicated on the r; drawings were the cost in 1986/87 when the project was built, In correspondence since then, those prices have changed simply ' because of inflation. cost for Option 1 or 2 would now be approximately $2,000 - $3,000, The cost for Option 3 now would be approximately $25,000 $30,000 and the oost of Option 4 the pipe option) would be approximately $80,000 - $100,000, It has always been my understanding that the Council was ready to build option 1 or to provide Mr. Harp with the equivalent ! cash to build Option i and let him build option 2 if he so desired, Staff would still recommend either of thoso options. } We think they are reasonable options since they provide a%cess to Mr. Harp's rear yard, just as he always had and they art the most economical options for the City. If you or the Council has any further questions, I will be happy to try and answer them at your convenience. i 33 R ck Sveh a t' Deputy City Manager i RB:cb 5388M Attachments t l1,j TO CRESTWOOD SF, i t t O.vpolNv Ale, 4 4F -if 7 6X4, O 0 fN ~ 1 r 1 ~o y 70 5Z) i k I x"24 3 f+~. d q rw.v rVa / P» QD I CI7YofDENTONMUNICIPAL UTILITIES / go I-A Texas Street Denton MEMORANDUM TOt R. E. Nelson, Executive Director Of Utilities FROM: Glenn Gary, Engineer Associate I r_ DATES June 21, 1991 sUg,7t Neighborhood Meeting for the sanitary sewer t Concerns near the Intersection of RObinwOOd and Mistywood the city of Denton 1991 on Thursday, June 13, Water/wastewater Department held a neighborhood meeting to address the sanitary sewer concerns near the intersection Of Robinwood and Mistywood, The original concerns were brought to the Utility Department by Truman Harp, 2401 Robinwood. Lee 2,llison, Howard Martin, and myself attended the meeting on the city's behalf. Four residents from the attached sign-in r shoot a for names attended and t addresses),(see The neighborhood expressed concern that the sanitary sewer j causing a odor and creating moisture ; might problems past televised inspection video tapes wee available 8at1he meeting. The first inspection was performed which showed that the line had at least 5 (five) offset The Utility joints and was full of roots in some areas. Department problem, Thedlithe ne was inspected again eoniJanuary1110, 1991the revealing that 17 (seventeen) offset Joiintstand 3 (three)was 1 inch x 1 inch holes were in the pipe but t the pip functioning properly Harp's service line was also ~ nspected and no problems were found. inspected The neighborhood felt that the offset joints and the holes Lee Allison told in the pipe was allowing sewage to escape. the neighborhood that the problems of the offset joints and holes in the pipe were fairly common in this type of pipe and that the pipe acts as a French drain and takes the water from the ground rather than adds to it, ~i d1 i t ~A !L t 1 s 3i S~ page 2 soil contained var in that told tsa Howard Martin area and and eighborh that ood it that the was a Woodbine When the, iron is exposed to maidtrure, ogen amounts of iron. roduce a by-product of hY gives bacteria will begin also I a by-product Of raw sewage that sulfide, which Howard martin also said that the W/ it most of its small" h sample in order to b had tried to test the watgoodneno+ug area for sewage but Tea n hasn't been able to obta n do so, felt sewer was that the sanitary not th v The neighborhood still t the sewer line is artmente still the problem. To insure ommends tha thal The pipe to t problem, Lee Allison recressure pipeity Department replace the sewer line with p ~35pLF of 6" sanitary ' be replaced is apPro}timately flume. The cost to the The which is loctbetwee~trten andnflfteen thousand 1 City would be rod po lssibilitY ` neighbors felt likethemsthatltherevwas h a g warned Lee Allison that this would not improve their situation. Mr, Truman Harp voiced a concern that the original easement 4 (fourteen) toabe1replaced the X9et wide but the flume was only 10 (tent feet wide. Lee said that denttsurveyor locate the located. City will have an indeP properly to make sure the new sewer line would be Go i lb 2ENeoa69-DOC Y 1 t L1 SIGN 'IN $HEE'r THE INTERSECTION OF NEIGHBORHOOD WMING FOR AREA NEAR Y20EINWOOD AM MISZ`YWOOD k Thursday. June 130 1991 i pHO~ ~ ADDRESS NAME 5664623 i Truman Harp 2401 Robinwaod 566-4623 2401 RObinwOOu y C. Harp 387-6467 2402 Robinwoad Mrs. L L Womble 381-6163 Myrtle Jones 1208 Misbywood i c 1 2ENGGG69.doa n s; , 0 VLT[] T 3 CITY of D$NTON, TLXAS MUNICIPAL BUILDING / 215 E. WKWNEY / DENTON, TEXAS 76201 F MEMORANDUM t DATEI June 200 1991 )fTO: Betty McKean, Executite Director Municipal Services/Eeonomiv Development FROMI Thomas w. xlinek, Director Peraonnel/Bmployee Relations 3 SUBJECTI ANTI-SUBSTANCE AAUSE AND REHABILITATION POLICY AND INVESTIGATION AND INSPECTION OF CITY EQUIPMENT/FACILITIES POLICY I This memo is to provide background and detailed information for two proposed polio Ass "Anti-Substance Abuse and Rehabilitation" and' "Investigation and Inspeition of City Equipment/Facilities', Anti-Substanoe Abuse and Rehabilitation Policy The City of Denton recognizes that the use of drugs and alcohol in our society r is a significant problem. It also recognizes# in some cases, this problem 1 affects some employees' ability to deliver quality services to the citizens of 1 Denton, Therefore, a policy is being proposed to address this issus and tot ra 0 assure the citizens we are operating the organization in a responsible i manner I o ensure the t.'ust and confidence of the citizens ,r o recognize the City's role in addressing teiis issue It is important that we demonstrate to the community a positives prudent and responsible posture and ensure the organization is free of drug and alcohol use in the work environment, At the same time, we must ensure responsible and fair practices in dealing with suspected use in the work environment. ~i i' 8171566.8200 D/FW METRO 434.2529 es .X Betty McKean June 20, 1991 Page 2 We recognize that abuse is a disease and have taken reasonable actions through the Employee Assistance Program (EAP) to assist employees who admit to and take responsibility for correcting the problem, However, the EAP program does not relieve the employee from actions which might lead to appropriate disciplinary action, The Anti-subatance Abuse and Rehabilitation Policy prohibits emp?oyees from manufacturing, usingr possessing, selling, distributing, consuming or transporting any controlled substance or alcoholic beverages while on city property when conducting City business, or when performing job duties or responsibilities, Prescription and over-the-counter medication is also prohibited if proper procedures are not followed, This policy directs that testing for drugs and/or alcohol be performed under s the following conditions: 1. Current employees in which reasonable suspicion exists that an individual is performing job duties or representing the City under the influence of drugs or alcohol, 2, Current employees Oho are promoted into another position within the City of Denton, I s' 3. All final applicants who are hired into a position with the City of i Denton, Research has been done to ensure that the City of Denton testing procedures are in compliance with the mandatory guidelines for Federal Workplace Drug Testing Programs through the National Institute of Drugs and Alcohol Ahuee (NXDA), As defined by the "Federal Registe.;' the initial test (or screening test) is an immunossay screen and should be conducted to eliminate "negative" urine specimens from further consideration. The most commonly used immunossay screen is the Rnzyme immunossay (EMIT), A confirmatory teat or second analytical procedure would be conducted to identify the presenne of a specific drug or metabolite which is independent of the initial test aid which uses a different !,jchnique and chemical principle from that of the initial test in order to ensure reliability and ac:curaoy, At this time, gas chromatography/mass spectrometry (OC/M8) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamine(; and phencyclidine. The following substances will be tested in all final applicants (new hirers and promotions) and/or if reasonable suspicion exists in current employees, o Marijuann Metabolite U Cocaine Metabolite O Opiates o Phernoyclidine (PCP) o Amphetamines o barbiturates o Benzodiazepines o Methadone o Methaqualone o Propoxyphone s' Betty McKean June 20, 1991 Page 3 Alcohol use wi11 be tested through a blood sample for current employees in which reasonable suspicion exists. An employee may request to give a ao;cond blood or urine sample under the same conditions as set forth by the policy. All costs for a second collection and second analysis will be paid by the employee Smith-Kline-Beecham is one of the few NIDA certified laboratories in the Dallas-Fort Worth area. They have a good reputation and offer a reasonable cost, The proposed contract states that negative results will usually be released within 24 hours after receipt of the speolmen, If a specimen is x positive, the C OMS confirmation test will automatically be done. Usually the y results of this test will be released within 48 to 72 hours after receipt of y the speoimen, The total cost for implementation of the drug testing program is estimated as a follows i i Initial screen (EMIT) with confirmation GC/MS $25,00 i f Collection site/courier 1040 I Total cost/specimen $35.00 With a projection of 250 tests given per yearn the anticipated cost is $8,750/Year, If an alcohol test is required, a blood sample would be given, The cost for y this procedure is $28,00. There would be no additional cost for the i collection of blood if done at the same time a urine sample is given, Investigation and Inspection of city. EquipmPntlFacilities City facilities, offices and equipment are provided to employees for the sole purpose of delivering services to citizens, Thus, it is appropriate for City I facilities, offices, and equipment to be subject to investigatory search in instances of work-related misconduct. According to this policy) a supervisor may search if it is reasonable to assume that the search will provide evidence of work-related misconduct or ~f it is non-investigatory such as getting a file or other information, The purpose of this policy is not to invade the privacy of employees, but rather to give manage re/supervisors the authority to have access to facilities and equipment that is City-owned and to take action if something is discovered in the ser,roh that is believed to be inappropriate, 3 ' Imnlem~ion_ 4 I Implementation of both the "Anti-substance Abuse and rtehabilitation' Policy and the "Investigation and Inspection of City Equipment/Facilities" Policy are proposed to bo effective July 1.5, 1991, With Council approval, training for managers and supervisors will be conducted on July 8 and 9, An outline of the training program is attached, 4a. [ A Betty McKean June 20, 1991 vage A Our plans are to brief city Counil at the June 25, 1991 work session. with appropriate Council direction, we will request their consideration of resolutions adopting the policies at the July 2, 19910 City Council meetirg. I believe with the implementation oC this policy the quality of emPloyeea and " applicants who come to the City of Denton will be enhanced, If I can provide you further informations please let me know. Thomas W, inck s, wp V 4 Attachment / lxI3 4065g y. 1 t y fry i P I A% ' Eby Yi k$ } re tip {r { J .i7t ~a AGENDA MANAGER/SUPERVISOR TRAINING "ANTI-SUBSTANCE ABUSE AND REHABILITATION' AND "INVESTIGATION AND INSPECTION OF CITY EQUIPMENT/FACILITIES" 1. INTRODUCTION/PURPOSE i r II. ANTI-SUBSTANCE ABUSE AND REHABILITATION POLICY A. General Overview o: 1, Policy Statements 2. Administrative Procedures B. Prohibitive Items Definitions t ii C. Enforcement 4 ' 1. Current employees f. a. Reasonable suspicion b, Promoted candidates 24 All final applicants D. Testing Procedures 1. Types of test a, Initial Screening b. Confirmation for positive results 2. Confidentiality 3. Employee appeals 4. Prior notice of testing policy ' S. Consent i F. Mansger/Supervisor Procedures F. Cost G. Techniques to Identify Reasonable Suspicion III, INVESTIGATION AND INSPECTION OF CITY EQUIPMENT/FACILITIES POLICY A. Policy Statements i B. Administrative Procedures i IV. QUESTIONS AND ANSWERS 4087g. i+ DRA" PAGE CJTY OF DENTON ppbI13T/ADYINI6?RATiVi pltOpxntigs/AD11Ii1118f~ATSV! DIRgp'fly= REFERENCE NUMBER:108~12 SECTION: PERSONNEL/EMPLOYEE RELATIONS EFFECTIVE DATE, 07/15/91 SUBJECT: STANDARDS ON CONDUCT FOB EMPLOYEES FtEPI.A(1,M ' TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION 3 , # POLICY STATEMENTf of Denton recognizes that employee Substance and quality Servicescto general health, ra have a serious uard image saps major employe i in Denton,vand the our citizens) of employees and the public. The pervasive presence of f: welfare, and safety alcohol and substance abuse in o ius~heevnrk np the adverse affect t employes lace requires the establishment , safety and productivity health of an Anti-substance Abuse and Rehabilitation Programo uallty services to s its daily operations of providing q in considering lament appropriate measures The CitY, 11 recognizes its responsibility t° imp and effective use of its its citizens, i the sofa, effic s finances. The city's considered necessary to ensure and resources--people, facilities, equipment, requires the public trust and de of doour °employeesveand fthe responsibility measures for the protection of the wellbeing citizens which wa serve. riany It is the policy of the City that employees are prohibits prfrtrann 9ubetancaS sporting Act or selling, distributing, consuming using, POSSessing, controlled substances as defined by the Federal Controlled beverages Or the Texas Controlled Substa a Act, or at any any time alcwheoholinc conducting C intoxicating subatances on City property 3 business or performing their job duties and responaibilitiea. ee is prohibited from performing his/her job duties while under the the { An employ or if performance is impaired while undelo ee of alcohol or drugs, art influence mp influence of lawfully proscribed or over-th e•coun housubstances. At, a shell not use or possess alcohol outside Of work hours on City property where employee shall not us ringTaecity of Do to n un forme alcohol or drugs prohibited by state orwhlocal weaIAV# i outside of work hours 1lcaate or It is the policy of the City to give the same consideration to app s It employees with Chemical lome~8s having B physical, medical dependencies or b mental duCi problems eses and y applicants ox other emp Y performing their j which could preclude them from p efficient, affective and productive mannero responsibilities in a safe, {I a r, 4 I Revised 04/23/91 317ba r. tt Page 2 _of 12 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVR DIRECTIVE (Continued) PREFERENCE TITLES ANTI'-SUBSTANCE ABUSE AND REHABILITATION NUMBER: 109.12 There is 110 intent to intrude upon the private lives of employees or applicants. However, the City is concerned with those job-related situations j where the use of illegal or illegally obtained drugs or the abuse of alcohol interferes with the health and safety work employees and thelyubliar affects effects the the job employee's work performance during performance of other employees, or is considered serious enough to be detrimental to the City's conduct of business, , In the case of employees who demonstrate chemical misuse patterns or ;i dependencies, it is the policy of the City to assist in rehabilitation efforts through the City's Employee Assistance Program in an effort to return the ii employee to a productive role in the organization. However, such assistance a shall not excuse the employee from responsibility of appropriate disciplinary action for violation of the City's or a department's policies, procedures, 4; rules, or regulations. Such employee actions may result in disciplinary 7 #j action, including termination of employment, 'r In the case of applicants who demonstrate chemical misuse patterns or dependencies, identified through drug testing, it is the policy of the City to rf deny employment with the city. This policy applies to all employees, regular full time, regular part-time, temporary, seasonal, and Civil service. Civil service employees may also be subject to applicable provisions of chapter 143 of the Texas Local Government Code. 1 3 I, ADMINISTRATIVP PFOCEDURE9 A. Prohibited Items, The manufacturing, using, possessing, selling, a distributing, consuming or transporting of any of the following t substances while on City property, conducting City business, or performing job duties and responsibilities by employees or others E is prohibiteds 1, Illegal drugs, controlled substances, marijuana, mood or mind r altering substances, simulated controlled substances, designer and synthetic drugs, and inhalants producing mood or mind altering vapors. 2. Alcoholic beverages or other intoxicating substances) provided { that an employee mey possess, consume or transport alcoholic beverages while off duty unless local or state law otherwise prohibits the possession or consumption of alcoholic beverages, 3, Drug paraphernalia and literat.uee supportive of, inetruative i of, or advocating illegal drug or substance use, it ez R@vieod 04/23/91 317Ga s, y. r .V Z_ C Page 3 _of 12 POLICY/ADMINISTRATIVE PROCEDURE ADMINISTRATIVE DIRECTIVE (Continued) TITLE. ANTI-SUBSTANCE ABUSE AND REHABILITATION IREPEAENCE INUMBERS 10512 B, Prescriptions and Over-The-Counter Medications, Prescriptions and over,-the-counter medications are also prohibited ' except under the following conditions; 1. The drugs have been prescribeO by a licensed physician for the person in possession of the drugs. 2, The prescription must be readily available for verification, i 3. The prescription was filled by a registered/licensed w pharmacist within the last twelve (12) months for the person possessing the drug or medication. ' 4, The drugs or medication are ingesi.ed or administered only in ' the prescribed or recommended therapeutic dosages, 5, The employee taking the drug or medication has informed his { supervisor of any safety hazard which could result from taking s the drug or medication, An employee may, for example, be taking medication which causes drowsiness and should not f' operate moving machinery preclude the employee from or equipment. This would not j performing other job. duties but it is the responsibility of the employee to notify hi,;/her supervisor if he/she is taking a medication which could impair his/her ability to perform his/her job duties, Is 64 The City at all times reserves the right to have a designated city physician determine if a i presariptior, drug or medieat.Con produces hazardous effects and may restrict the performed while using any drug or medication accordingly,duties t C, Definitions, } 1, "Alcohol," is defined as ethyl alcohol, Alcohol, as used herein, includes any beverage, mixture or preparation 2 containing ethyl alcohol. 1 2, "Illegal Drugs," for purposes of this policy, include drugs i E`• which are not legally obtainable and drugs which are legally { obtainable but have been obtained Illegally. 3. "Deteotable bevels, or *Identifiable Trace indicates the presence of an illegal or Quantities" ~ prohibited drug or substance found in the body fluids in amounts exceeding an established cut-off level, i Revised 04/23/91 3176a T i i ti 5. U Page 4 of 12 POLICY ADMINISTRATIVE PROCEDURE ADMINISTRATIVE DIRECTIVE (Continued) IREFERENCE TITLES ANTI-SUBSTANCE ABUSE AND REHABILITATION INU MBER1 108.12 I 4, "Cut-off (Acceptable) Leve],s" are established by analytical methods in the laboratory to determine a quantitative level of a drug in the body. The specific out-off level is a standard selected by the testing laboratory and approved by the City to detect recent drug use. 5. "City Property" or "Premises" for purposes of this policy, fi includes ALL property, facilities, buildings, structures, and vehicles owned, operated, leased or under contro] of the w City. An employee is not considered in violation of this policy by transporting or possessing alcoholic beverages on City streets if he/shoo a) is off duty b) is no} operating a city-owned vehicle c) is in compliance with all applicable lawn f 64 'Alcohol Testing" is testing for blood alcohol content by drawing or collecting a blood or serum sample suitable for laboratory analysis" 7, 'Drug" is a controlled substance, controlled substance analogue, narcotic drug or opiate as defined in schedules I-V of the Federal Controlled substance Act, or Texas Controlled substanco Act, or The TeKSs Controlled Substance Act. Tex, Health _&_Safety Code, Chapter 481, if obtained or used without a valid prescription for the user or possessor. This l definition includes but is not limited to marijuana, hashish, E cocaine, heroin, morphine, codeine, amphetamines, barbiturates, hallucinogens and substances chemically similar to these drugs. 8. "Drug Test" is the collection of a urine specimen by medical personnel, laboratory analysis of that specimen by Enzyme Immunossay (EMIT) screening, and confirmation, of drug-positive I EMIT tests using gas ohromotography/mass, spectrometry (OC/MS) methods and procedures, or other medically acceptable technology deemed appropriate by the city of Denton, 9. 'Impaired" is an employee's diminished capacity to perform duties of the lob as determined by the supervisors 10. 'Reasonable suspicion' is a suspicion based on some factual foundation derived from the surrounding circumstances as interpreted in light of past experience and knowledge, ) i 3 Revised 04/27/91 3176a Page 5 of 12 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IREPERENCE TITLE. ANTI-SUBSTANCE ABUSE AND REHABILITATION INUMBERt 108,12 I D. Conferences. Employees attending training and conferences may participate in social functions associated with the conference. This may include the consumption of alcohol, so long as the employee's conduct does not reflect adversely upon the City. Employees who consume # alcohol at these functions shall exercise caution in driving E personal vehicles and shall not operate a City owned vehicle. ii E. Emergency Call-Back. Employees subject. to continuous emergency call-back are required to declare to their supervisors the use of alcohol or controlled substances including prescribed medication that might affect their ability to perform under the emergency. The supervisor shall determine if the employee is fit to wort, and in what capacity. P. On Call, z t Because employees with "on call" status are potentially required to be actively working, an "on call' employee is prohibited from consuming alcoholic beverages or using drugs which may impair his ; or her performance when called out. G. Use of Substances Outside of Work Hours. An employee shall not ties or possess drugs or alcohol outside of work hours on unauthorized City property. An employee shall not use alcohol or drugs before or after work hours while wearing a City of Denton uniform. II. ENFORCEMENT A, Criteria used in determining action when drug or alcohol Abuse is suspected. 1. Reasonabl,3 suspicion, Whether reasonable suspicion exists to warrant the testing of a particular employee is of necessity determined on a case by case basis. 2. Circumstances which may be used by management and supervisory personnel to determine if a test for an employee is necessary include but are not limited to the following. A4 Observed alcohol or drug use during working hours b. Apparent physical state of intoxication or drug induced impaitment of motor functions t o. Incoherent or irrational mental state Revised 09/23/91 i 3176& l _ ~ T i 1 t Page 6 oL 12 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IREPERENCE TITLES ANTI-SUBSTANCE ABUSE AND REHABILITATION (NUMBERt 108.12 d. Narked changes in personal behavior, or attitude not attributable to other factors e. Deteriorating work performance or attendance/tardiness problems not attributable to other factors f. Information received from reliable sources that indicates the employee has been involved in alcohol or drug use t g. Employee involved in an accident during work hours which results in injury to any individual, in more than $1,000 damage to any city vehicle or other vehicle, or in damage to property if the employee is apparently partially, chiefly, or totally responsible for causing the accident. For of this l3 purposes policy only, in s motor vehicle. accident on a public street, the police officer shall F determine whether the employee is responsible for having caused the accident. For other work-related accidents, the employee's supervisor shall determine whether the employee is responsible in whole, or in part, for causing the accident, h. Other employee actions or conduct that leads to a suspicion of drug or alcohol use such as presence of the r physical symptoms of glassy or blood shot eyes, alcohol odor on breath, slurred speech, poor coordination or ' reflexes, unsteady gait, mood ohanges, (including inappropriate gaiety or lethargic behavior), unpredictable responses to ordinary requests, eta, to believe that the employee is under the influence of alcohol or, drugs, suffers from substance abuse or is in violation of City or r departmental rules, regulations, or procedures concerning #j the use of such substances. I, Any violation of the City of Denton's Drug Free Workplace Policy (108.11) B, Job Applicant Testings General standard. F Upon an offer of employment, an applicant (including those considered for temporary and seasonal positions) is required to undergo and pass a drug screening test prior to his or her final appointment. C, Current Employee Testings General standard. 1. Reasonable Suspicion A supervisor may require an employee to undergo drug and E alcohol testing if he/she has reasonable suspicion that the employee is under the influence of drugs or aloohol during ti work hours as described in 11, A, 2, of this policy, Revised 04/23/91 3176a 4, cpf%5 I Page 7 of 12 I&1 ATIV6 DIRECTIVE lCOlttiPREFERENCE ICY ADMIRISTRATIVO pCCEDURS ADM]NtNUMBERt 108.12` POD--- E ABUSE AND REMBILITATIOl', TITLEt ANTI-SUB92'ANC writing the specific qoruired obsertovatidetail which us ic visors are ~eo ford Super ionheexisted fto facts, symptomsi reasonable cusp This documentation shall their determination that ant the testing of an employeA•ployee Relations forwarded to the Personnel/Em ion of Wart Departments demand is The facts underlying the determinaee at the time reasonable ? should be disclosed to the pmP1oY made. 2i Final promotable Candidates romotion (internal tes considered for a p and alcohol screen All final candida s rred to empl°will gOr her £i alappoantment• toehis as a condition policy p, prior Notice of Testing Relations Department shall provide 1oXee olioy to all 1. The Personnel/Emp and alcohol testing p informatiOnt written notice of its drug as. The notice shall contain the following e em loX p and alcohol testing$ be requlreds as The need fOr drug test may b, The circumstances under whieha eani~ positive drug The procedure for confirming a. results ed positive toot results , nces Of 8 cot to undergo a drug and alcohol I d. TThe he consequences of refusing e• ositive teat posit a tests edures available for The appeal Proa results and of drug abuse counseling and referral g, The availability services. 2. to undergo drug or an evaluation or require an notice during A supervisor may to two years following alcohol testing without prioer riod of up chemical treatment treatment period and for a Pe completion of any prescribed dependency i program or any diacipllnarY action for violation or this policy. °enducH 3. ((cants will be notified of the City's Policy to . employment process' When an ppp t drug testing as part of the he/she shall applicant reports to a testing site For testingr } Picture identifioaticn to the restero i1 first present a valid p 1 S Revised 04/23/91 31's6a 6. t q r page 8 of 12 POLICY/ADMINISTRATIVE PROCEDURE/ADMINIBTRATIVE DIRECTIVE (COntiIREFEAENCE TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION INUMBERI 108,12 E, Consent. 1. Before a drug or alcohol test is administered, the employee or job applicant will be asked to sign a consent form authorizing the test and permitting release of test results to those City officials with a need to know, The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the City's drug testing policy and to indioate current or recent use of prescription or over-the-counter medication. The consent form shall also set forth the following z informations i , c a. The procedure for confirming an initial positive test results ' b, The consequences of a confirmed positive test result: co The right to explain a confirmed positive test result and the appeal procedures available, and d. The consequences of refusing to undergo a drug and alcohol teat, t 2, Refusal to consents Applieantst A job applicant who refuses to consent to a drug test will be denied employment with the City, t Employees: An employee who refuses to consent to a drug and alcohol test when reasonable suspicion of drug or alcohol use has been identified is suM ect to disciplinary action up to and including termination, The reason(s) for the refusal shall be considered in determining the appropriate disciplinary action, F. Employee's Right to Request Additional Test. An employee may request to give a second sample of urine or blood at the same or different collection site and have the samples ana)7zed at the same or different laboratory under the following conditions: 1. The collection site must be approved by the City of Denton, r 2. The second sample must be given within three hours of the { first sampler and the employee must not be left unattended P during this time. 8 Revised 04/23/91 3176a 4 1 F-'p4 n-".ey a 1 Page 9 of 12 POLICY/ADMINISTRATIVE PROCEDURE/ADMINIt3TRATIVE DIRECTIVE (Continued) IREFERENCE TITLEI ANTI-SUBSTANCE ABUSE AND REHABILITATION NUMBER: 100.12 G. confirmation of Test Results, 3. The test must be performed tinder same conditions and chain-of-custody as set forth by this policy. 4. The laboratory conducting the teat must be approved by the City of Denton and be certified as set forth by this policy. 5. All costs for a second collection and second analysis mast be paid by the employee. ' If the initial alcohol or drug screen is positive, a second test of the same sample will be performed to eonfiim results. An employee who does not pass the drug or alcohol test may request a retest of the original sample within ten days of his or her reoeipt of the drug test results. The employee may request retesting by the same laboratory or by a second laboratory that is • certified to perform drug tests by the National institute on Drug` J Abuse (NIDA). The originating laboratory must follow the external l chain-of-custody procedure outlines in the NIDA mandatory j guidelines for federal workplace drug testing programs when transferring the sample. 4 H. consequences of a Confirmed Positive Teat Result. Applicants: A job applicant will be denied employment with the City if hie/her initial positive test results have been G confirmed. Applicants who are are denied employment due to a { positive drug test result must wait six months before applying for anothor position with the city. t Employees3 If an employee's positive test result has been confirmed, the employee is subject to disciplinary action up to and including termination, as outlined in the City's discipline policy (109.01). 1 I. Mandatory EAP Referral. Upon the first confirmed determination that an employee is under the influence of drugs or alcohol, the City shall refer the employee to an Employee Assistance Program (EAP) for assessment, r counseling, and rehabilitation, Participation in an EAP is voluntary a~,d no disciplinary action may be taken against an i employee for failure to begin or complete an EAP program. t Disciplinary action based on a violation oC the City's drug and alcohol policy is not automatically noapended by an employee's participation in an EAP and may be imposed when warranted. s Revised 04/23/91 3176a E Ir h Page 10 of 12 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (continued) TITLES ANTI-SUBSTANCE ABUSE AND REHABILITATION ;NUMBER, 108.12 i J. EAP Self-referral No disciplinary action may be taken against employees who G voluntarily identify themselves as drug users, obtain counseling i; j and rehabilitation through the City's Employee Assistance Program, and thereafter refrain from violating the City's policy, procedures and administrative directives on drug and alcohol abuee. K. Confidentiality of. Teat Results. All information from an employee's or applicant's drug and alcohol d} ` screen shall be disclosed only to those with a need to know of test results. Disclosure of test results to any other person, agency, or organization is prohibited to persons not eligible to receive the test results under any applicable law, The results of a positive drug test shall not be released until the results are confirmed. The records of unconfirmed positive test results and negative test results shall be destroyed by the testing laboratory. L. Laboratory Testing Requirements. All drug and alcohol testing of employees and applicants shall be conducted at medical facilities or laboratories selected by the City. To be considered as a testing site, a medical facility or I lab must submit in writing a description of the procedures that will be used to maintain test samples. Factors to be considered by the City in selecting a testing facility includes J 1, meeting procedures which ensure privacy to employees and applicants consistent with the prevention of tampering] 2. Methods of analysis which ensure reliable test results, { including the use of gas chromotography/mass spectrometry to confirm positive teat resultst 3. Chain-of-custody procedures which ensure proper identification, labeling, and handling of test sampleat and 4. Retention and storage procedures which ensure reliable results on confirmatory tests of original samples. III, MANAGNMENT/SUPERVISION PROCEDURES 3 A. Initial Actions After Appropriate Reasonable Suspicion Determined. } Once the decision, based upon r.easonnble suspicion, has been made E by the supervisor and in consultation with the Personnel Department, to require an employee to submit to an alcohol and/or r t Revised 04/23/51 3176a Page 11 of 12 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (COntiI+REF£RENCE INUNBSRs 108,12 TITLES ANTI-SUBSTANCE ABUSE AND REHABILITATION s drug screen, such screening shall be arranged as expeditiously as possible. The employee is to be clearly directed to submit to the alcohol and drug screening in the form of a direct order from a superior as a condition of employment, with the warning that refusal to so comply can result in appropriate diFaiplinary action. The shall be further instructed to cooperate throughout r employee the alcohol and drug screening procedure; including following all directions received from medical personnel at the alcohol atndl~ ruugg screening collection site. The employee, in no case, s permitted to continue working or remain unattended While screening g approval or arrangements are being effected. The department supervisor shall immediately, if during normal weekday office hours (8:00 a.m. to 5:00 p,m., Monday through Friday), notify the Director of Personnel or designated representative in the Personnel Department I£o thrrange for the appropriate alcohol and drug screening. t arrange for an alcohol and drug screening occurs outside these business hours, the supervisor must contact a representative of the Personnel/Employee Relations Department at an assigned phone number. 4E4 The employee shall always be escorted to the alcohol and drug I screening collection site by appropriate supervisory personnel, or other departmental authority. The employee shall never be permitted to operate a motor vehicle. The departmental E representative shall remain with the employee at all times and shall take the necessary actions to prevent the employee's alteration or falsification of the alcohol and drug screen procedure. j The alcohol and drug sereenLig procedure shall include actual s observation of the employees specimen collection by appropriate collection site medical personnel to ensure the proper identification of the employee's specimen. The observation shall be accomplished with appropriate adherence to gender preference 1 and minimal intrusion of the employee's privacy. } B, Actions Following Testing, f once the alcohol and drug screening collection process has been E properly completed, the Department Director or designee shall be f contacted by the Departmental representative. The Department Director or designee shall decide if the employee is to be returned to the department in a limited duty capacity or placed on administrative leave with pa mployee gshthe allr not lt beofperthe mittedohto and drug screening. Revised 04/23/41 3176a i. IfiFlu l.. Q .Y" {I{y i .:eey!q. 'i Page_ 12_ of 12 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IREBERENCE TITLEi ANTI-SUBSTANCE ABUSE AND REHABILITATION INUMBER. 108.12 operate a motor vehicle or any equipment that could present a danger to the health, safety, or welfare of the public, co-workers or the employee. The Director of Personnel or designated representative of the 1 f; Personnel, Depari_wQ.at shall be responsible for notifying the I Department Director or designee of the alcohol and drug screening results as soon as this information is available. The Personnel Department shall also notify the appropriate Executive Director of ! the screening results. Copies of the laboratory report reflecting the alcohol and drug screening results shall be transmitted to the ' aforementioned officials when the report is available. The Department Director or his designee shall take the appropriate j administrative and disciplinary actions in accordance with the City's discipline policy (109.01). Administrative action may include referral to an employee assistance rehabilitation program and the impo,aition of other conditions of employment deemed appropriate by the Department Director. The supervisor may require an employee to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program, c. Supervisor Training. The City shall train supervisory personnel in identifying drug and I alcohol use among employees. Such training will be directed j towards helping supervisors recognize the conduct and behavior f that give rise to a reasonable suspicion of drug or alcohol use. r 3 t I G 9 Revised 04/23/91 3176a Ens€,::,.s y~ PW I CITY OF DENTON DRAFT PAGE 1 OF -L POLIOT/ADMINTOTRATIYR PROCEDURE/ADMINIATRATIVS DIRRCTIVR REFERENCE SECTION: NUMBEq: PERSONNEL/EMPLOYEE RELATIONS DEPARTMENT 108 13 EFFECTIVE GATE: SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES July 150 1991 5; 1 REPLACES: TITLE: INVESTIGATION AND INSPECTION OF CITY FACILITIES/EQUIPM T 5 } POLICY STATEMENTt The City of Denton has an interest in ensuring that the day-to-day operations of the City are carried out in an effective, efficient, and safe manner. The consequences of employee misconduct or incompetence may be severe both to the City and the public interest. City facilities, offices and equipment are ( provided to employees for the sole purpose of facilitating the work of the City and as such, are subject to an investigatory search for evidence of j work-related misconduct. The term "City equipment" includes City owned offices, work areas, vehicles, lockers, deake, cabinets, and other containers. Employee owned items, such as purses and briefcases, are not 1 included within the definition of this term. The City reserves the right to search the contents of City equipment at any time, and for any reason. A supervisor may conduct an investigatory search of City equipment if there 3 are reasonable grounds for suspecting that the search will uncover evidence 1 that thn employee is guilty of work-related misconduct and if safeguards are employed to ensure compliance with constitutional and statutory requirements. t E The searching of City equipment is not subject to the requirements of this policy if the search is necessary only for non-investigatory purposes ordinarily associated with the conduct of everyday business (i.e., retrieving ; a needed file). Nothing in this policy is intended to prevent the seizure of ! any evidence of work-related misconduct if inadvertently found in a non-investigative search. Nothing in this policy is intended to prevent the institution of a disciplinary action or criminal charges associated with the possession of such evidence. Ee+ployeea are prohibited from installing personally owned locks on City equipment, unless a method of opening the lock is provided to the employee's supervisor. The presence of a personal lock on City equipment shall in no way protect the equipment from search in accordance with this policy. All City employees are strongly encouraged to refrain from storing on or in City equipment any personal article, including personal correspondence, they wish to pr .act from inspection by City officials. By accepting or continuing employment, each emplr,,ee is deemed to have consented to unannounced searches of his or her work arLd upon request. i 9 Kl, AN-: J}o, $1 K Page 2 of 2 POLICY ADMINISTRATIVE PROCEDURE /ADMINISTRATIVE DIRECTINM A Conti Led) )REFERENCE TITG 0 INVESTIGATION AND INSPECTION OF CITY FACILITIES/ iNUMDERS 108.13 EQUIPMENT Retention of personal items within city equipment is at the risk of the employee, and the City shall not be responsible for any losses. Searches of employees' personal containers, such as Purses, briefcases, and lunch pails will not be conducted without the employee's eonnent, An employee's refusal to permit a search of personal containers, however, may result in disciplinary action. ADMINISTRATIVE PROCEDURES, A. S+xpervisory personnel are required to maintain access to all City equipment or facilities within their areas of supervisory responsibility in order to ensure that services are provided to citizens in a timely and quality manner. B. A supervicoe may conduct an investigative search for evidence of work-related misconduct if he/she, ! (1) has notified his/her Department Director and received approval to searchi (2) has notified the Director of Personnel or designee end received approval to searchs" ( (3) has appropriate objective personnel available to witness the search) (4) has offered every employs, responsible for the City equipment an opportunity to be present during the search, If an employee is unavailable to voice his/her preferences in this regard the 1 supervisor must obtain approval for the Director of Personnel prior to proceeding with any search. ; C, The supervisor shall within 48 hours of an investigative search for work-related misconduct prepare a report of dthe ocumenting t entreasonable suspicions relied upon, the date of approval rectot I the notification of the employee, the time of the re this and t ultstof the search, The Supervisor shall forward a copy Department Director and the Personnel Director within 72 hours of the search, j j D. In the event that evidence of work-related misconduct is inadvertently discovered by any person during a non- investigatory search of City equipment ordinarily associated with the conduct of everyday business, the supervisor of the employee charged with custody of the City equipment shall within 48 hours of the discovery prepare a report doeumentin5 the j facts and circumstances surrounding the discovery, A copy of this report 4 shall be torwarded to the Department Director and Personnel Director j within 72 hours of the discovery. E, Any employee failing to abide by the terms of this policy shall be subject to disciplinary action. pa v t[j~~,jj ~F y/~4,rf ! ~ I CITY OF DENTON CITY COUNCIL MINUTES JUNE 4, 1991 The Council convened into the Work Session at 5:15 P.M. in the Civil Defense Room. PRESENT: Mayor Castleberryr i4ayor Pro Tem Hopkins; Council Members Alexander, Perry, Smith and Trent. „ ABSENT: Council Member Chew 1. The Council convened into the Executive Session to discuss legal matters (considered action in Verhotz _V. City), s' real estate, and personnel/board appointments acussion 3,I regarding appointments to all City of Denton Boards and Commissions). 3 Council Member Chew joined the meeting. } 2. The Council received a report and held a discussion k regarding the 1991-92 budget requests from the City Attorney and Municipal Judge. Sandra White, Municipal Judger stated that it was difficult to foresee future needs for her department when the Legislature' was in session. There might be legislation passed which the City would need to comply with and possibly might need to change her budget based on that compliance. Her current budget package was not requesting any additional funding but there t might be a need to revise that depending on what laws went into 9 effect. Current case law might also have an effect on the City such as with warrant procedures and inrjurance violations. She also stated that she was including mandatory training for the Assistant Municipal Judge in her budget. Debra Drayovitch, City Attorney, stated that she had three ; requests for funds above her budget from last year, Those included (1) $416 for a maintenance contract for a personal computer, (2) ,$185 for current editions of the building, plumbing, mech,,nical and fire code, adopted by the International Conference of Building Officials, and (3) $514 for a filing cabinet. Any other requests were the same as last year or lower than last year. 3, The Council received a report and held a discussion regarding the SPAN Transportation budget request for the 1991-92 program year. Catherine Tuck, Administrative Assistant, stated that SPAN's request would be from the transportation budget and was for HandiHop and public and elderly transportation services. SPAN had received $46,000 from the City for the past three years. This year, SPAN had requested an additional $10,000 for HandiHop to restore non-employment related rides that were discontinued this year due to lack of funds. Additionally, ( SPAN was requesting $6,000 for Senior and Public Transportation - based on increased ridership. L, A,,. i. City of Denton City Council Minutes June 4, 1991 Page 2 Al Murdock, SPAN, stated that SPAN was requesting two types of increases this year. One was for $6,000 to cover a rise in operation costs. Since the last request for an increase, there had been an increase in services of approximately 1258. The $10,000 was for HandiHop which served individuals below 65 years of age in the City of Denton who had handicapping conditions and who received transportation services in SPAN vehicles five days a week/twelve hours a day and also received i' services on evenings and weekends in a local taxi. Earlier in the year, it was discovered that the evening and weekend portion of the service was growing so much that there was anticipated a $10,000 loss for the remainder of the year, As the agency did not have reserves to fall back on, the evening and weekend service was discontinued and the number of rides were reduced. Services for employment-related rides were continued. The $100000 would allow the agency to restore the non-employment related weekend and evening rides. SPAN was also asking the City of look at the agreement's provision which limited the amount which could be charged per ride, it was felt that it would be appropriate to remove that estriction. 4. The Council received presentations by firms responding 1 to the City's RFP for collection of delinquent tax collection. Berry, eovd, Coffey and Hayes - Randall Boyd stated that his f firm represented the local alternative for collection of delinquent taxes. The most important point he wished to make was that he believed they could do a much better job. They proposed to take the delinquent tax accounts and to collect more money for the City of Denton. If they did not show a dramatic increase in the amount collected, they would offer a $10,000 rebate to the City. f Richard Hayes stated that he felt the City would collect more money if it changed providers, His firm represented eight lawyers with over 10 ,years experience and represented major financial institutions,' nstitutions. He stated that the current dealt with letters and lawsuits for collection provider purposes. He felt it was easier to collect when the dollar amount was smaller. The task did not require a large state-wide firm as often it did not provide enough attention to the local accounts. Boyd stated that potential conflicts might arise with a local firm handling the City's accounts, but that they would not be allowed to harm the City's !Merest. His firm was the only firm that would have an impact on the minority hiring in Denton, l A } J y l City of Denton City Council Minutes June 4, 1991 Page 3 Hoard Goggan, Blair_ & Williams - Mike Gregory stated that his firm had the City's contract since 1986. Since that time, they had collected $3.6 million in delinquent taxes for the City of Denton. The first year that was more than double the past collections. It had more than doubled every year and the third year it almost tripled compared to the base year. They had had a good effective working relationship with the City and had ( been productive. Mis firm combined the best of both worlds with a large strxto-,vide firm with a superior specialized expertise combined w'.th local sensitivity of local lavyers, There would be no conflict of interest on the local level as his ficic dealt mostly with family law. a Sydna Gordon stated that there were three reasons to use their firm. (1) Local involvement - local attorneys of Curtis Loveless and Mike Gregory who had a Denton office and spent $300,00 in Denton last year. (2) Technological superiority computer technology, assistance in current and delinquent tax collection system, and reporting, forecasting abilities. (3) E Performance - $3,623,323 collected since 1986, no risk of revenue loss and a leader in federal agency collections. She felt the most important reason to continue with their firm was the $3.6 million collected since 1986. She felt that changing firms could negatively impact the collection rate. McCreary, Veselka, Bragg & Allen, P.C. - ail Bragg stated that his firm had the contract with the County of Denton since 1985 and with the Denton Independent School District since 1987. He maintained a local office in Denton. He listed his clients in the area. If his firm were awarded the City's contract, it would have the unique position of being able to cover all entities in the area with a single lawsuit if necessary. His firm did their own research. His firm represented the assets of a large law firm without conflict of interest and had the flexibility to modify procedures if necessary. The firm's fee ' was 15% based on performance. I Due to time constraints, the remaining firm presented its € report during the regular session. The Council convened into the Regular. Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The council considered approval of a resolution E receiving an American flag in memory of Clifford Luster and expressing appreciation to Mrs. Luster for her gift of the flag. , 3 lyFe i , City of Denton City Council Minutes June 4, 1991 Page 4 The following resolution was considered: NO. R91-034 A RESOLUTION OF APPRECIATION FOR CLIFFORD LUSTER ` Alexander motioned, Trent seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry *aye," and Mayor Castleberry ,T "aye.ff motion carried unanimously, i } Mayor Castleberry presented the proclamation to Mrs, Luster. Mrs, Luster and the Mayor presented the flag to the Denton High School ROTC Cadets. Mayor Castleberry stated that at a later date there would be a formal ceremony to raise the flag in front of City Hall. Mayor Castleberry presented a proclamation for Chrissy Bauder Day. 2. Pledge of Allegiance The Council and members of the audience recited the pledge of Allegiance. 3. The council considered approval of the minutes of the special called meeting of March 30, 1991 and the regular meetings of May 7 and May 21, 1991. Trent motioned, Alexander seconded to approve the minutes, f Mayor Pro Tem Hopkins noted a misspelling of a speaker's name ( and asked for a correction. Trent motioned, Alexander seconded to approve the Minutes as corrected, On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 4, Citizen Reports A. The council received a citizen report from Linnie McAdams regarding a signal problem on Carroll Blvd, Ms, McAdams stated that there were three problem signals she had observed at Carroll and Eagle, Oak and Carroll and Hickory and Carroll. In the late evenings, there was an insufficient time for a pedestrian or a bicyclist to cross the street, She felt there was a need to check the timing of those intersections to allow citizens to get safely across the street, C pfa`p {9.'. r3 City of Denton City Council Minutes June 4, 1991 Page 5 Mayor Pro Tem Hopkins stated that the problem would be checked and Ms. McAdams would receive a reply. B. The Council received a citizen report from Linnie McAdams regarding funding for HandiHop. Ms. McAdams presented her reasons why the funding should be increased to HandiHop. She felt transportation was a municipal service that a City provided and that was one which would always have to be subsidized. There were other people who wanted to be at the Council meeting but who were unable to attend as the service had been reduced, The City's budget as a matter of choice as to what to -1o with [ 2 dollars. She felt the citizens would want to provido for those who could not do for themselves. Mayor Pro Tem Hopkins asked about the option of raising the $1 fee to $1.50. Could that be done bofore October 1 in the new budget year. McAdams replied that that was the last option available to them and would like the Council to consider the extra funding before 4 raising the fee. City manager Harrell stated that if council wished, he could have staff look at the current contract to determine if a change in the fee could be done. Consensus of Council was to proceed. 5. The council received an Economic Development Activity/Financial Quarterly Report from Ken Burdick, Vice-President of Economic Development for the Denton Chamber of Commerce. ! Mr. Burdick presented a review of the last six months of activity. He stated that he first reviewed the resource materials available in the city which included sites, buildings, and factbooke. The sites and buildings were inventoried, cataloged and data sheets made for each. The factbooke were updated and the City and Chamber now each use 1 the same factbook with a similar format, He had been working 1 on promotional materials and had printed an industrial brochure with the help of Lone Star Gas. Contacts had been made with a mailing to the electronics, plastics and aircraft industries. j Group contacts had been done in the area to promote 135w plus contacts with the Texas Department of. Commerce. His office was working with the city and the Texas Air Control Board for non-attainment status. A questionnaire was being prepared for existing industries in the city to determine their needs. In the next six months, he wanted to continue with a direct mail i (1Ya" " 7 t f ti',Z'~V FI e f City of Denton city council Minutes June 4, 1991 Page 6 campaign in the plastics and electronics area and marketing trips, Long term plans included working with the Airport Board for a marketing plan for the Airport, a possible foreign trade zone in Denton and international marketing possibilities. Burdick presented a budget handout reflecting the first six months of the year for the Chamber and a summary of activities. R; 6, Consent Agenda i, Hopkins motioned, Chew seconded to approve the Consent Agenda as presented. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye," Motion carried unanimously, A. Bids and Purchase Orders; 1. Bid #1191 - Fleet Vehicles 2. Bid #1252 Cement, Concrete and Aggregate i ' 3. Bid #1259 - Furnish and install modular Carpet System/Library B. Plats and Replats 1. Considered a preliminary plat of the Bonnie Brae Medical Park Addition) Lot l, Block A. The 5.165 acre site fronted on Bonnie Brae, approximately 600 feet south of its intersection with University Drive, (Planning and zoning commission recommended approval.) C. Tax Refunds 1. Considered approval of a tax refund to Air Denton, 7. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services, (6.A.1, - Bid #1191, 6.A.2. - Bid #1252) The following ordinance was considered: NO, 90-084 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE, r r ,S.tsn i .7 1 City of Denton City council minutes June 9, 1991 r; Page 7 i Alexander motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Percy "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A,3. - Bid #1259) The following ordinance was considered: NO. 91-085 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING FOR AN EFFECTIVE DATE, Trent motioned, Chew seconded" to adopt the ordinance, On roll vote, Trent "aye," Alexander aye, Hopkins aye,"aye." { Chew "aye," Perry "aye," and Mayor Castleberry Motion carried unanimously. S g. Resolutions A. The council considered approval of a resolution I temporarily closing North Lakes Trail, between Bowling Green { Street to Auburn Street, on June 91 1991 for a block party. i Catherine Tuck, Administrative Assistant, stated that this was a request from he North Lakes Neighborhood A4ssoOcipa mion,Thto C hold a block par,':1 on June 9 from 1:00 p.m. was their fifth annual event. All required signatures had been om the homeowners Fire and Police D didanotdhave any problem with.thehsafety of the locationartments j The following resolution was considered: NO. R91-035 A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL BETWEEN BOWLING GREEN STREET AND AUBURN STREET ON SUNDAY, JUNE 9, 19911 AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Chew seconded to approve" the re solution. on roll vote, Trent aye, Alexander aye, Hopki Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously, . Y ti T~.. . i I IV, 1 I City of Denton city Courcil minutes June 4, 1991 l Page 8 f B. The Council considered approval of a resolution authorizing the City Manager to execute a license agreement between the City of Denton and the United Statea of America, E Department of Commerce for land at the Denton Municipal Airport for the Automated surface observing System. Rick Svehla, Deputy City Manager, stated that this would allow the City to provide for the construction of an automated weather reporting system to be used by anyone flying in or out ii of the airport as well as people contemplating flying in or out of the airport. It would use the same tower and equipment presently at the airport, r The following resolution was considered; NO. R91-036 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A i LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNITED STATES OF AMERICA, DEPARTMENT OF COMMERCE FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR THE AUTOMATED SURFACE OBSERVING SYSTEM. Trent motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye;" Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perr lave " and Mayor Castleberry "aye." Motion carried unanimously. 9. The Council considereu a motion directing staff to prepare the necessary legal documents to award a contract for the collection of delinquent taxes in the City of Denton, The Council heard the presentation from the Work Session, Perdue Brandon Fielder Collins & Mott - John Horn stated E that the firm ha een n existence stence since 1970 and represented 500 entities. The firm had an Arlington office with eight attorneys. If the contract were awarded to his firm, they would open an office in Denton. The firm did not file duplicate lawsuits on a single individual, They had a computer program which combined multiple accounts into a single account. This was done when the roll was received and not when a lawsuit was filed. The firm also emphasized contact with the z lien holder prior to the filing of a lawsuit. i s Mayor Pro Tem Hopkins asked the firm of Berry, Boyd, Coffey and f Hayes how the firm would deal with a conflict of clients as the firm did a lot of litigation. I 2 ,t r+ City of Denton city council minutes June 4, 1991 Page 9 Hayes responded that the firm had primarily been built on the commercial creditor side of the docket. If such a conflict arose, the firm would have the individual address the tax issue or the firm would not represent the client. The firm had submitted to the City Attorney a letter stating that the firm would address the issue as each individual situation arose. t John McGrane, Executive Director for Finance, reviewed the f history of the contract, At a previous work session, the staff had reviewed the current contract and recommended that there was a benefit with continuing with the same provider. Council directed staff to return at the next meeting with an ordinance awarding the contract to the current firm. At that Council f meeting, Council tabled tie contract and asked that an RFP be prepared. There were five responses to the RPF which were t. reviewed by a panel consisting of the City 'treasurer, the City Attorney, the Director of Information Services and himself. The positives and negatives of each proposal were presented to Council. 1 Smith motioned, Perry seconded to direct staff to prepare the necessary legal documents to award a contract for the collection of delinquent taxes in the City of Denton to the ~ Heard Goggan, Blair & Williams firm. on "roll" vote, "Trent "aye," Alexander "aye," Hopkins "aye," Smith aye, Chew aye, Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 10. Miscellaneous matters from the City Manager. A. The Council received a report and held a discusoion on comparison study of city expenditures and levels I of service. Catherine Tuck, Administrative Assistant, stated that Denton was frequently compared to other cities such as Carrolltone Richardson, and Lewisville, The objective of the study was to look at staffing levels, services, and cost of services provided by citie't comparable in size to Denton. The cities { included Bryan, College Station, Carrollton, Lewisville, Richardson and Tyler. The intent of the study was to present the findings and offer some reasonable conclusion to show why there were, if any, significant differences in the staffing levels and the cost associated in providing those services. Results of the study indicated that Den~an was greatly affected j by the large amount of tax-exempt property in the City. Denton was the largest in square miles, yet ranked fifth in total assessed value. This forced the City to raise its tax rate to get the same amount of revenue. Cities that had a larger assessed value could generate an equal amount of revenue with a lower tax rate. Secondly, because Dentor, owned and operated all its utilities, the number of employees was skewed when making comparisons. When the number of general fund employees T yAe 1 1 t~ eu City of Denton City Council Minutes June 4, 1991 Page 10 was compared in all seven cities, Denton ranked in the middle. When looking at specific departments, Denton ranked low in staffing levels. This was particularly true of police and fire where Denton ranked below the middle in several categories, Denton provided as many or more services than any city studied in this comparison. Denton was the only city compared that owned and operated all its utilities including residential and commercial solid waste and a municipal landfill. Denton I provided residents with a municipal airport, three recreation I centers, a senior center, literacy and genealogy programs, after school programs for cLildren, and historic preservation endeavors. Denton's unique programs included Community Oriented Policing, Main Street, Keep Denton Beautiful, recycling efforts, and worked closely with neighborhood groups, The City also helped fund handicapped and elderly f transportation and a public trolley system, and many social service agencies. Denton also administered CDBG funds. Council Member Trent asked if a comparison could be made among the cities regarding the number of police vehicles, the number of personnel and the budgets. Mayor Pro Tem Hopkins asked that the information be shared with the Chamber of Commerce, j t Council Member Perry asked for information showing pus?tive aspects of the two universities. B. The Council received a report and held a discussion regarding demand side load reduction strategies. Bob Nelson, Executive Director for Utilities, stated that the I City had been involved for several years in lead side } electrical demand reduction programs. The concept of each of these programs was to work with the customers in reducing their peak electrical demands during the summer peak in an effort to avoid the cost of constructing additional electric transmission and distribution facilities. The generation, purpose of the programs was to reduce peak electrical demands and invest in programs to save customers money by reducing their electric load. The City's peak load normally occurred in late c August/early September between 4:00 p.m and 6:00 p.m. One of the major driving farces behind the City's demand side management programs was the very high demand rate charged by TMPA and the somewhat unconventional method of allocating the TMPA fixed costs among the four participating cities. Nelson stated that a typical commercial customer had sharp peaks in its demand. The 1990 peak load was 1810000 kw and the 1990 load reduction reduced the demand by over 10,000 kw. F z A 4 p VIVA FOtf 1 jl 'r. t' 4#.__~5 hhh f~ City of Denton City Council Minutes June 4, 1991 Page 11 Richard Foster, Public Information Coordinator, presented the various demand si4e programs that the City of Denton offered citizens. Those programs included an appliance rebate program, an energy audit program, "Summer Sense" air conditioner cycling program, voluntary load reduction program, time-of-use rate, and thermal storage incentive program. C. The Council received a report, held a discussion and gave staff direction regarding Denton County's use of the f, Williams Trade Square parking facility and related matters, Lloyd Harrellf City Manager, stated that he appeared at commissioner's Court today to discuss the parking matter. The Court voted 4-0 to authorize the resigning of the lease for the { 15 parking spaces at the Williams Square Lot and it appeared } that the matter was settled. The Court did encourage the City to try and provide additional parking in the downtown area, With the pledge that this was a temporary solution and that a ` more permanent solution would be devised, the Court voted to renew the lease. It was staff's recommendation that the lease be presented to Council for consideration after the Court had approved it. The sticker program would continue with the County Judge and County Commissioners. jl Consensus of the Council was to proceed, I D. Denton had received second place in the *Keep Texas Beautiful Award", As the City won the award in 1990, second place was the best it could do. i E. A Minute Order had been received from the State regarding the Loop 288 and Highway 2499 extension. This allowed the City to proceed with study work for those projects. F. Denton had been volunteered to host the July or August TML Region 8 meeting. Was Council agreeable, Consensus of the Council was to proceed. G. A tentative date had been discussed for the Boards/Commissions Banquet or Reception, Was council interested in holding this in conjunction with a retiring council reception, j Discussion was held regarding a recent opinion dealing with the City paying for spouse expenses. Debra Drayovitch, City Attorney, stated that in order to legally fund the expense of a spouse at a City event, the Council would have to make an affirmative finding that it would benefit and further the City goals. It would have to accomplish some City goal or transact some City business. She 4 felt those situations were very few. r 1 z.t City of Denton City Council Minutes June 4, 1991 Page 12 Mayor Castleberry asked about a reception instead of a dinner. r k` Drayovitch replied that funds which were expended, if on a per S person basis, would have the same problem. Staff could explore those options further in regards to a reception if the Council desired. t. 1 Council Member Alexander suggested a reception for the Council members and Boards done at a Council meeting and not a separate k` event, City Manager Harrell suggested appointing several council members to assist with alternatives. Mayor Castleberry appointed Council Members Smith and Alexander to assist staff. 3 11. There was no official action taken on Executive ; session items discussed during the work session. 12. New Business 1 The following items of New Business were suggested by Council 1 Members for future agendas: I A. Council Member Perry suggested a discussion f' regarding an agenda committee for a future work session. B, Council Member Chew requested the drafting of an ordinance restricting parking by the park and cemetery on East Prairie. Mayor Castleberry stated that a schedule of meetings had been - in Council packets. I 13. The Council did not meet in Executive Session during i the Regular Session. With no further business, the meeting was adjourned at 9:33 p.m. BOB CASTLEBERRY,MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3399C Kai ~i CITY OF DENTON CITY COUNCIL MINUTES JUNE 11, 1991 The Council convened into the Special Call session at 5:15 p,m. in the Civil Defense Room. PRESENT: Mayor Castleberry] Mayor Pro Tem Hopkins] Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered action in Patel v, City), real estate, and personnel/board appointments cons dered appointments to all City of Denton Boards and Commissions and held a discussion of Council Committees.) 2. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract for the collection of delinquent taxes, Harlan Jefferson, Treasurer, stated that there had been a change made in the contract on page 3 paragraph IX. The original contract indicated that if the firm had less than a 608 collection rate, it would award the City $7,500 cash. The revision indicated that if the collection rate were below 608, f III the firm would provide the City $7,500 worth of legal service, programming and computer services, or date processing equipment or cash. Council held a discussion regarding the collection of payment' for delinquent taxes and how the money was handled, j The following ordinance was considered: E 91-086 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES= AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance, On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 3. The Council received a report and held a discussion regarding utility rate comparisons. i t n City of Denton City Council Minutes June 11, 1991 Page 2 Bob Nelson, Executive Director for Utilities, stated that within the Electric Utility Department's operating budget for 1992, there was a proposal for a 38 revenue requirement reduction. The proposal was a 20 per KWH reduction in the Energy Cost Adjustment. The present ECA was 1.94/KWH and it was proposed to reduce this to 1.70/KWH effective October 1, 1992. The overall reduction in revenues was estimated to be $1,572.000. Total retail sales revenues represented were anticipated to be ,$53,065.000 after the reduction. With the reduction, Denton's electric rates would be below or very competitive with area electric utilities. Nelson presented graphs indicating the rates for typical electric customers ana a comparison of Denton's electric charges with other utilities. in most cases, Denton's proposed rates were lower than Texas Utilities except for the winter rates for use over 1000 KWH. A comparison of current rates indicated that Denton's Cates were again lower than Texas Utilities except for the winter rates. Compared to TMPA cities, Greenville had the highest rates followed by Garland, Denton and Bryan. { Council Member. Trent asked for a comparison of commercial rates similar to what was done for residential rates. i € Nelson replied that Denton was slightly higher in the commercial area but was not out of line with respect to rates. He could present that information at a future work session. 4. The Council received a report and held a discussion i regarding an overview of the C.O.P.S. Program. j Mike Jez, Chief of Police, presented a reorganization chart of the Police Department. He stated that originally there were three divisions in the Department. Those divisions had been changed to Field Operations, Central. Operations, and support services Operations. This reorganization resulted in the I reassignment of 18 of 22 command staff personnel. The City was divided into two sections - the east side and west side. The two areas were commanded by two police lieutenants. Those lieutenants were responsible for the development and implementation of the C.O.P.S, program within the respective neighborhoods throughout Denton. The Department's interest in the C.O.P.S. program was to make certain that as a police i agency, it was identifying relevant neighborhood issues and was developing police programs which were addressing those issues. An action plan was developed for each neighborhood, The officers meet with the neighbors and determined what their priorities were as it related to the delivery of police services, The officers developed goals from those priorities j and those goals were written on a goals statement. After that had been completed, the officers developed a program objective worksheet. The officers meet with their supervisors, the team of officers which would provide the services for that s i a i;tr v;; unty ~ t 44 :f.it'0J~ i7 i City of Denton City Council Minutes June 11, 1991 Page 3 neighborhood and developed program objectives that were relative to the goals indicated by the neighborhood, The final part of the action plan required the officer to include the activity and description of the goals, what kind of manpower would be required to accomplish the objective, what kind of equipment would be needed, the cost of the objective and what were the anticipated results, once the action plans were completed they were presented to the neighborhood to determine t if that was what they had in mind, Once the neighbors had r endorsed the plan, the officers began implementing it. The officers meet with the neighborhood at least monthly and more i often than that if necessary to monitor the progress on the i action plans. The action plans were reviewed biannually and more often if the neighborhoods felt it was necessary. Currently there were two C.O.P.S. programs in operation - One in southeast Denton and one in the Owsley Addition. Plans were being considered for programs in the Township 11 area and the North Lake area. ( . Council agreed that this was a worthwhile program and should be i, E continued. 5. The Council received a report and held a discussion. regarding an overview of building needs. Lloyd Harrell, City Manager, stated that during the last tt,,,o to three tight budget years, the City had not been in the position to fund improvement projects needed to be done to various City facilities. During the current budget discussions, Council would be seeing from staff, several suggestions of methods to be used to attack the problem. Staff needed direction on how to start addressing the problems in a systematic manner. Steve Brinkman, Director of Parks and Recreation, stated that over the last three, requests had been received for approximately $2.7 million worth of items from various departments for repairs. Without funds, the level of service in various facilities, would be adversely affected. Some facilities were already being affected. Bruce Hennington, Superintendent of Facility Management, presented slides of various projects. He stated that the buildings were aging and needs would continue to grow each year due to the inability to obtain funding to provide quality maintenance in the past and present, The projects (detailed in the agenda backup) included location, cost and results if the project were not done, City Manager Harrell indicated that this was an indication of the types of problems and the scope of those problems. There was a need for a systematic plan to correct those problems. s I i i y[. i3 TM ~ 1.11.;.. i.'¢ y t1;N City of Denton City Council Minutes %June 11, 1991 Page 4 6. The Council received a report and held a discussion regarding the State House of Representatives Redistricting Plan I and gave staff direction regarding appropriate action. I City Manager Harrell stated that a number of the Past Presidents of the Denton Chamber of Commerce had met with the mayor and him, at their request, regarding a position paper adopted by those past presidents. The position was that they were in opposition to the House of Representatives Redistricting Bill which was passed by the State Legislature. They requested the Mayor and Manager present to Council two i suggested actions. One was that the Council formally contact t the Governor urging her to veto the legislation as passed and the second was, if the Governor did not veto the legislation, the Council become involved in court action either with another 1 group or independently to protest the district lines as drawn. The problems stemmed from the fact that the City would be divided into three sections in three different House of Representative districts. City population in Jim Horn's district, the southern portion of the City, was only 258. The City population in Ben Campbell's district was 218 and the City } population in the new district was only 118. Thus there would } be no collective voice for Denton on issues before the 4 Legislature, If the Governor vetoed the legislation, the ! matter would go to a Legislative Redistricting Committee made up of the Lieutenant Governor, the Speaker of the House, the ! Attorney General, the Comptroller and the Commiss.toner of General Land Offices. Those individuals would then draw the new district lines. Council Member Perry asked if the Past Presidents were representing themselves or the Chamber of Commerce. Mayor Castleberry replied that they were representing the Past Presidents of the Chamber of Commerce. Council Member Perry asked if there was any other input from any other groups regarding the issue. City Manager Harrell replied that the chamber Board formally endorsed the position taken by the Past Presidents. ! Council Member Perry asked what would happen if the Governor vetoed the legislation - would that be just for Denton. E City Manger Harrell replied that a veto would reject the entire redistricting bill. i Council Member Alexander stated that the plan also split the i two universities into two different districts. This was a potential threat for the cooperative spirit now being developed between the two universities and also felt City government `t would be adversely affected. d PY~(t City of Denton City Council Minutes June 11, 1991 Page 5 Council Member Chew felt that the Council owed the citizens to send some type of letter urging the Governor to veto the legislation. It was bad for the entire City of Denton. Alexander motioned, Chew seconded to authorize the Mayor, on 4 the behalf of the City Council, to send a telegram to the 4 Governor advising her of the Council's request to veto the redistricting bill because of its adverse effects on the City k of Denton by dividing the City of Denton into three different legislative districts. Motion carried unanimously. Council felt that the telegram should include information . concerning the adverse effect on the two universities and the stance of the Chamber of Commerce and the Past Presidents of the Chamber, It was also felt that a note of thanks should be forwarded to the Chamber and Past Presidents commending them for their interest. Council Member Perry felt Jim Horn should be informed of the City's concern and actions and ask him for his support. i Council Member Trent asked th t Ben Campbell be also informed, Council Member Smith felt that individual people should be contacted which the Council felt might also get involved in the issue. Council Member Trent stated that he was in favor of sending the correspondence to the Governor but was reluctant to become involved in any kind of a lawsuit, j 7. Miscellaneous matters from the City Manager, Lloyd Harrell, City Manager, presented the following item: A. A summary of the Council's planning session had been distributed for their review. 8. The following official. action was taken on Executive Session items: A. Hopkins motioned, Chew seconded to appoint the following Council Members to Council Committees: Audit Committee Mayor Castleberry Mayor Pro Tem Hopkins Council Member Trent 1 f s 3 is Y_1 d City ~E Denton City Council Minutes June 11, 1991 Page 6 Mayor Castleberry Economic Development Council Member Perry Committee Council Member Alexander Municipal Court Advisory Council Member Chew Committee Council Member smith investment Policy Committee Mayor Pro TOM Hopkins A n Agenda Committee Council Member Perry Mayor Castleberry ? Motion carried unanimously. 9, New Business t The following items of New Business were suggested by Council Members for future agendas: ternal council Audito~e position. asked about the creation of internal n a city City Manager be a budget issue in Harrell replied that it would ~ the upcoming discussions. B. Council Member Trent asked in regards to a zero base budget format, if one or two departments could demonstratee how their budgets were put together. This would help council understand insight into how those the budgets budget was built together w financially. would ld gi ame in to do their budget Two departments could, when they c k briefing, present their budget from the ground floor. i ~ Council Member Alexander felt there was a p°ofe procesea would budget process had already begun. That type take a significant amount of time and he was not sure he wanted not to that with their result would tbeeworth that the department Be was heads amount of eiiergy and effort required to do a zero based budget amoun a correctly, .t was a very time consuming process, I City Manager Harrell stated that right now the City did a modified zero base budget. if Council Member ren budget king for an explanation of the budget process, how the p assembled for departments and the steps involved in fine tuning l it to the point where it went to the Council, it would not be a I problem. i Consensus of the Council was that the Manager's suggestion would be followed for one or two departments, E i ti; 4,11 11 [YLIThN pAJt\S? Y rS er City of Denton City Council Minutes June 11, 1991 Page 7 The Council then returned to the Executive Session. No official action was taken. With no furtizer business, the meeting was adjourned. f BOB CASTLEBERRY~ MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS ~ CITY SECRETARY CITY OF DENTONr TEXAS j 3402C } i 4 { DATE: 06/25/91 /.lJ[ CITY COUNCIL REPORT FORMAT To: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager f; SUBJECT: Z-91-003 { RECOMMENDATION: S The Planning and Zoning Commission recommended approval (4-'1). SUMMARY: The request is to rezone a 14.4 acre tract of land located on the t southeast corner of US Highway 77 and Riney Road, north of Windsor Drive from Planned Development (PD) to the Agricultural (A) district, i BACKGROUND: f See P&Z Report "History' section. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: a Neighbors, Building Inspection and Planning Department. FISCAL IMPACT: s N/A t Respec lly submit e Prepared by: Llo d Harrell _ City Manager i Kar n K. F Shari Ur n Planner f Appr Frank H. Robbin'-t AICP Executive Director Planning and Development 1680X n N s' y,y 7 i 5 v, i+ r4 c 1l: h' i PLANNING AND ZONING COMMISSION REPORT To, Mayor and members of the City Council Case No.: Z-91-003 Meeting Date: June 25, 1991 GENERAL INFORMATION Applicants Denton First Seventh Day Adventist Church 307 West 6th street. Denton, TX 76205-3215 6 k r' Current Owner: Texas Conference Assoc. of Seventh Day Adventist P. 0. Box 800 Alvaradoo TX 76009-0800 r Requested Action: Rezone a 14.4 acre tract of land from planned Development No. 101 to Agricultural District. ? Location and Size: 14.4 acres located on the southeast corner of Highway 77 and Riney Road, north of l Windsor Drive. a t' Surrounding Land Use and zoning: North - SF-16 - Residential South SF-10 - Residential East Ag. and S. 180MCA West - SF-7 - Residential j, Denton Development Plan: Low Intensity Area xi i' SPECIAL INFORMATION Transportation: Perimeter paving and realignment of Riney Road would be required when this property is replatted. A sidewalk will be required along Riney Road and 0ighway 77, Riney Road is a collector and will require 60 feet of right-c£-way from center line. . VA (Case Z-91-003) Page Two SPECIAL INFORMATION (Cont.) Prior to issuance of a building permit, this property will need to be platted, 60 feet of right-of-way will be required from center line of U. S. Highway 77. 50 feet of right-of--way will by required from center line of Windsor Road. Driveways will be limited in accordance with subdivision regulations, No driveways will be allowed onto U. S. Highway 77. Utilities: f' } Utilities are available to this site, 1 Drainage: The property drains to the south. Improvements may be warranted at the south end and along the eastern boundary of the property. r Landscaping: The applicant should conform to the signs and landscaping regulations. f HISTORY The Planning and Zoning Commission heard this case on April 24, 1991 and recommended approval. Prior to this case t being heard by the City Council, it was discovered that some people within the 200' radius were not notified. Therefore, this case must be heard by the Planning and Zoning Commission again so the City Council can hold a public hearing. On may 170 1993 (Z-1575), the City Council denied the request for a change in zoning from Agricultural to Planned Development € for 118 multifamily and 41 two family units on this tract, On February 7, 1984, the City Council denied the request for a change in zoning from Agricultural to Planned Development for 15 's single family detached lots, 56 single family attached lots and 13 two family lots. In both cases there was considerable opposition from the Northridge community. In May of 1985, the City Council approved a request for a change :a in zoning from Agricultural to Planned Development that permitted 31 single family detached lots (SF-7) and a three (3) story, 58,000 square foot retirement/recovery center. '4, I~ (Case Z-91-003) Page Three HISTORY (Cont.) On April 23, 1986, the Planning and Zoning Commission recommended approval of an amendment to a 5.8 acre portion of this Planned Development which eliminated 22 residential lota, and replaced them with a church site. In July, 1986, the City council denied this request. On January 28, 1987, the Planning and Zoning Commission recommended denial, for t'nis second request for a church sits on a 5.838 acre tract in this Planned Development. The church never appealed this decision to the City council. On April 24, 19910 the Planning and Zoning commission recommended approval of rezoning this tract from Planned Development to Agricultural District (4-2). However, because there was an error in property owner notification, this case was heard by the Planning and Zoning Commission a second time. They recommended approval (4-1) on June 12, 1991. ANALYSIS The property is located in a low intensity area. According to T the Denton Development Plan, low intensity areas are intended to be used primarily for single family residential developments. Accordin to Appendix B - Zoning, an Agricultural District is considered a residential district, By downzoning the Planned `t Development, intensity trips would be reduced. Currently, 310 trips have been allocated for the 31 SP - 7 lots plus t 29030 trips for the institutional use (retirement/recovery center). Agricultural zoning is allocated 60 trips per acre. 14406 acres x 60 trips - 840 trips, thus reducing the trip intensity by 11500 trips. It is the intention of the applicant to construct a place of worship and eventually to have a parochial schools however, with 4 straight zoning, there is no assurance that this will be the use of the land. In addition, according to case law, zoning ordinances can enforce health and safety regulations on E buildings used as places of worship, but locational regulations, according to the courts, are difficult to sustain. Therefore, regardless of the use being institutional, the downzoning to an agricultural district is in compliance with the y Denton Development Plan. t (Case Z-91-003) Page Four RECOMMENDATION Planning and Zoning Commission recommends approval of Z-91-003 r ALTERNATIVES r I 1. Approve petition. 2. Approve with conditions. 3. Table or postpone consideration. 4. Deny petition. ri t ATTACHMENTS 1. Locational Map 2. Detailed Plan of PD 101 3. Minutes of P&Z Meeting of April 24, 1991. 4. Minutes of P&Z Meeting of June 12, 1991. t t f 18530 1 3 6 T A`LTACRMENT 1 ~ Z 91-003 Seventh-day Adventist Church NORTH RIkEY ROAD aa~ L„r a ANI ~ ~ Sri (gam J V I L I v 1 16 M GOARD LM. ` ~ ~ n~aTa cr, ~ : t 1 SCAM NONE DAM 4/101 page 5 1 . AiaAC:HMENT 2 c~ t f f R OLOCK ' , lulu pMy{N/f [ , ~ E 4 ftl fN7 1 C ~ I; • i ~ ,N i l ,f H JI 1 I O L C S F ~j 1 } N r E , I .t lee ~ 04.d Mir I I \r ~ f I I { ' i « +.Vw i i c , Page 6 f t MINUTES ATTACH MI NI' 3 Planning and Zoning Commission April 24, 1991 T!6i~, The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held at 5:00 p.m. on Wednesday, April 24, 1991 in the Council Chambers of City Hall. Present: Roy Appleton III, Euline Brock, Jim Engelbrecht, Ivan Glasscock, William Kamman, and Fran Morgan Absent: Judd Holt Present from Staff: Frank Robbins, Executive Director for Planning and Developmentj Joe Morris, Assistant City ` Attorney; Karen Feshari, Urban Planner; Harry Persaud, Senior Planner; Owen Yost, Urban Planner; David Salmon, Engineering] and Olivia Carson, Secretary i Chairperson Brock Palled the meeting to order. 1. Consider the minutes of the regular meeting of February 13, x 1991. It was moved by Mr. Appleton, seconded by Mr. Glasscock, and unanimously carried (5-0) to approve the minutes of February 13, 1991. ii. Hold a public hearing and consider a recommendation concerning the preliminary and final replats of parts of Lots 3, 41 and 5 into riot 4R, Block 81 Donna Del Estates. Staff Report: Mr. Yost reported that tract is 1.518 acre located at the northeast corner of U.B. Highway 77 and Riney Road. Public improvements and dedications include: r Approximately 390 feet of concrete sidewalk, .014 acre of right-of-way dedication for Riney Road, .234 acre of right--of-way dedication for U.S, Highway 77, and one manhole and 175 feet of sewer line. j The property is zoned single family and residential development is anticipated. The replat takes portions of three lots, originally platted in 1963, and replats them in E conformance with their proposed residential Use. The replat conform; to the minimum requirements of the Denton subdivision and Land Development Regulations. No one was present to speak in favor of or opposition to the replat. i4 Recommendation: Mr. Yost stated that the Development Review f Committee recommends approval. Mr. Robbins clarified that the zoning of the tract is SF-16. i Page 7 1 . yY l l P&Z Minus; April 24, 1991 Page 2 DRAFT Motion was made by Mr. Kamman, seconded by Mr. Engelbrecht, and unanimously carried (5-0) to recommend approval of the preliminary and final replats of parts of Lots 3, 41 and 5 into Lot 4R, Block B, Donna Del Estates. III, Hold a public hearing and consider rezoning a 14.06 acre tract of land from (PD) Planned Development 101 to Agricultural district on property located on the southeast corner of US Highway 77 and Riney Road, north of Windsor Drive. Thirty-four notices were mailed to property owners within 200 feet; 3 were received back in favor of the petition, 1 was opposed, and 1 was undecided, Staff Report: Ms. Feshari presented the staff report (attached), Mr. Engelbrecht asked about locational regulations for ' churches. Ms. Feshari replied that State law says a City can enforce health Gnd safety regulations. Mixon law books advise that- cities should not decide on coning for a church based on location. On question, she added that the parochial school 1 is affiliated with the church and would be allowed by right In a straight zoning district. The church has been denied a PD amendment before and they do not intend to develop the approved PD as it is, Agricultural zoning would be easier for them to work with than a PD amendment, Ii C.M. Mayer stated that he represents the Seventh-day Adventist Church as corporate secretary. The property in question was not zoned by the church or for the church, The church acquired it in a foreclosure. The prior owners had done the PD. The church does not desire to develop the PD as is and that is why they are requesting a change. Mr. Appleton asked if they had considered amending the PD. It could be amended to meet the needs of the church, Mr, Mayer replied that they have no need for any of the } stuff asked for by prior owners. The current zoning does not meet their requirements. Marvin Mathews, pastor of the First Seventh-day Adventist Church, emphasized that the PD does not meet the needs of the church. They tried to work with the PD before and met resistance. They have decided to redo the zoning to make it more simple, without a lot of excess structure. e Page 6 t 9 r Firs Apr Minutes R A April 24, 1991 Page 3 Ms. Brock said that she understood that in the previous request to amend the PD, it wa, not only the church involved but there was a request for a nursing center as well. Mr, Mathews said it was true. The prior owner was more aggressive, Ms, Brock asked the plans for the school. Mr. Mathews replied that there are 3 churches in the district. They may all go in together on the school or it may be just the Denton church by itself. If so, it will be r several years before the school would be developed. It f would be nice if the other two churches cooperate and then t development might be sooner, There will be one teacher for 17 or 18 pupils. Mr. Appleton asked if it would be satisfactory to the church ti if the zoning remained PD but it was amended to meet the needs of the church. Mr, Mathews said that he doesn't see a problem with that. Mr. Mayer added that they do not want a nursing center or X residences. A parsonage is possible but they have tried to move away from them because they are not feasible. The chance of them wanting one is almost zero. In favor; No one was present, Opposed: Mrs. Dane, 620 W. Windsor, stated that the is , opposed because the proposal, is too indefinite, Control is needed for the whole neighborhood which already has schools, churches, parks, and the YMCA. There are plenty of n institutions in the neighborhood already. She would like the property to romain PD so thr,t there can be definite controls. { EI Ralph Morrison, 716 Northridge, said that the property has been discussed for the last four or five years. The City has turned this request down before based on good knowledge and information. Under the PD, the objective could be reached with a positive plan. The church representatives t have admitted that there are no definite plans. He would like to see the zoning remain as is until there is a positive plan proposal that could be reviewed. The other neighbors feel the same as he does and he has circulated a petition to confirm that. d Beverly Cauble, 1503 Riney Road, stated that they have appeared before the Commission before because of she traffic problem on Riney Road. Curs tear through there and one went Page 9 P&Z Minu_ Apr - April 24, 1991 91 gnu Page 4 through her fence last week. There is a lot of traffic from the YMCA and there would be even more from a church. The traffic is bad and a church and school would make it even worse. The approved PD shows that Riney Road would eventually become a cul-de-sac. There needs to be one because people cannot see around the curve in the road and she is concerned about the danger to children in front of the YMCA. People going to the YMCA park everywhere and the kids just cannot be seen because of the cars and the curve, Ms, Brock asked if the proposed realignment would help, Ms. Cauble said yes, if Riney Road could be closed off it would be a big help, Ms. Brock asked if there would be a traffic problem if the y property were developed as 31 single family lots under the current PD. i Ms. Cauble replied that she understood that the PD had a cul-de-sac that would shut off Riney Road and take the traffic away from that section of the road. Ms. Morgan arrived at the meeting. Ms. Brock asked how Ms, Cauble would like to see the property developed. s r Ms. Cauble said that she would prefer single family homes. Recommendation: Ms. Feshari stated that the staff recommends approval of Z-91-003. Rebuttal: Mr. Mathews st•)ted that the church is willing to pursue the cul-de-sac and would appropriate land for the road. The church would be constructed and maintained so as to be an improvement to the community, They would reconstruct the church that was on Loop 288 and as their church grows, would do an even nicer development. Drawings have been submitted to the City with some of their ideas. Ms. Morgan asked the size of the church, Mr. Mathews replied tha': there are about 77 members with 60 attending regularly. The church building would be 40' X 100'. Mr. Engelbrecht asked where the building would be placed and where the entrances and exits would be. Mr, Mathews answered that he thought the entrances and exits were determined by the City regulations. The church building would be approximately where the nursing center is shown on the current PD. The entrance would be off of Riney, perhaps where the road bends. Page 10 C7 r ' 4W314~1.Wa P&Z Minutes d AFT April 24, 1991 Page 5 Ms, Brock noted that that would be worked out in the platting stage. Mr. Engelbrecht asked if they had met with the neighbors. Mr. Mathews replied that they had met with Mrs. Dane. None F; of the other neighbors have contacted him. Mr. Engelbrecht asked how often the church meets as a group. E Mr. Mathews said that they meet on Saturday mornings. They try to have a mid-week service as well with about one-fifth of the group. Upon request, Ms Feshari read the list of permitted uses in Agricultural zoning districts. Mr, Appleton asked if a church and parochial school are allowed in all zoning districts. Ms. Feshari said yes but in a PD it would have to be part of an approved site plan. pouses ultryallowed hatchery is thelworst Mr. nnoted notthat thattbad. Aother s Districts are one, Ms. Brock said that a poultry hatchery is unlikely at that location. Ms. Morgan probably beslessttrafficCthanewithrsinglesfamilyhlotswould probably Ms, Brock said that the churct, might grow and meet more i often, Mr, Appleton said that if the church would be satisfied with l an amended PD then everyone could be satisfied and the City could keep its oversight. That is the logical approach. Ms. Brock said that it would require thi church to do amendments for the school. Mr. Appleton oaid that he does not see the need to change the zoning. c Ms. Brock said that amending a PD is a change of zoning. Ms. Feshari said that the the church is probably requesting straight zoning because they have twice ce b been dis vr eniedYPhigh. the cost amendments is easierfandrehea wiper. i Page I1 r k T~_ T P&Z 1 , -3 5 s Minutes A il 24, 1991 -91 R Apr Apr Page Ms. Brock noted that the amendments that were denied were in relation to a very complicated PD. Mr. Appleton said that money was not mentioned as an issue before. Mr. Engelbrecht asked if the property could be rezoned to Agriculture but the poultry hatchery left out of the list of uses. Mr, Robbins said not yet. Mr. Morris said that this case is a little different because churches are protected by the first amendment. If the church is refused, it is on the City to prove that there is a problem with health and safety. This case is different because there is already a PD. The courts are normally differential to churches. They have pretty much ruled that churches are ok in residential zoning. The Commission can require a PD but the church did not petition for that. Ms, Brock moved to recommend approval of Z-91-003. Motion was seconded by Mr. Kamman and carried (4-2) with Mr, Appleton and Mr. Engelbrecht voting no. IV. Hold a public hearing and consider a recommendation amending the general zoning ordinance concerning accessory uses. Staff Report; Mr. Persaud reported that at the March 20 meeting the Commission considered three options for allowing limited retail and personal services activities in the Office District. In the discussion which followed, the Commission agreed to adopt a comprehensive* as opposed to a 'band aid" approach, which will deal with accessory uses in r specified non-residential districts. A draft ordinance amending Appendix e-Zoning of the code of ordinances to allow accessory uses within specified non-residential districts has `Den prepared. Section I of the draft E ordinance proposes to amend the definition of accessory use to include "customarily incidental to the principal use and located on the same lot or tract and within the same zoning district as the principal use". Accessory uses not to exceed 209 of the gross floor area of buildings devoted to the principal use shall be allowed in the office, Neighborhood Service, General Retail, Commercial, Central Business, Light Industrial, and Heavy Industrial Districts, Mr. Engelbrecht asked if the term "clearly related to the principal use" could hold up legally. E Mr. Persaud replied that it ties in with "customarily incidental" in the proposed now definition of accessory use. Page 12 . 3 e1 _i I r• Ei rf P$Z Minutes ATTACHMENT 4 June 12, 1991 f1 1 Page 2 , the runway extension, The list of Sthe year projects has been added. The Commission is given the opportunity to look at the CIP each year to update it. The CIP will be presented to Council on July 27, 1991. r No was; was present to speak concerning the CI.P. Vice-chairman Holt closed the public hearing. Mr. Kamman recommend to the first ten items on the provided list as the CIP projects for 199( Motion was seconded by Mr. Engelbrecht and unanimously carried (4-0). - - 'r III. Z-91-003 Hold a public hearing and consider rezoning 14.4 the e southeast m cornet (PD) of t Highway Agriculture uant .n ineyperty on Planned acres located of lo Road, north of Windsor. Thirty-five notices were ,nailed to property ownuis within. i' 2001; four were received back in favor of the zoning change and five were opposed. In addition, four copies of the } notice were received from persons outside of the 200 radius; two were in favor and two were opposed. Ms. Feshari stated that the Commission heard this case on I' April 24, 1991 and recommended approval. The case must be reheard because of an indiscrepancy with he property owner list. Ms. Feshari said that there may be some confusion about what is allowed in Agriculture zoning. She reviewed a i list of uses and explained that a petitioner must go through the zoning change process in order to get a Specific Use s Permit. She presented the staff report (attachod). MT. Holt asked why the property is being rezoned, Ms. Feshari replied that the original PD zoning was done by I a different owner. The church has since obtained the I property and has twice tried to get a PD amendment to allow their church on the site. They are now Seeking Agriculture j zoning, If the property were to be sold off ip individual lots, it would have to be replatted, Mr. Holt said that the property could conceivably be sold divided into 3S lots, i 1 s Ms. Feshari said that the setback requirements in an agricultual District would make that difficult. Petitioner; Marvin Mathews stated that he is pastor of the Denton First Seventh-day Adventist Church. Since the last meeting, he has made an effort to visit with people in the neighborhood. The church wants to build on this property. j s .y P$Z Minutes BRA June 12, 1991 Page 3 They want to begin right away. The church structure will be built close to Highway 77. Mr, Holt asked how big the parking lot will be, Mr. Mathews said they will do whatever is required by the City for their 40' X 100, building. Mr. Kamman asked if they have an architect. Mr. Mathews replied that they are working closely with the Texas Conference of Seventh-day Adventists, They have architects that give advice. The initial building will be multi-purpose and will eventually serve as a fellowship hall or school, It will be like the building they had on Loop 288. Ms. Morgan arrived at the mee0ng. Mr. Glasscock asked how large the congregation is. Mr. Mathews said that they havz 78 members. No was was present in favor of the petition. Opposed: Mrs. Melvin Dane, 620 W,, Windsor, stated that her f property adjoins the site on the north and west. She is not opposed to the church but has concerns about the rezoning. t She read a letter to the Commission voicing her concerns. She said that her main concern is with "group homes". Ralph Morrison, 716 Northridge, stated that he has lived there for 15 years and is proud of the neighborhood. Just' today a passerby gave him a compliment on the neighborhood, He also is not opposed to the church but to a zoning change. He is opposed to the unknown. The Commission must have doubt in their minds, They have asked the church their plans but they have no drawings. The residents feel they should have a plan to look at, Who else is better to inspect and evaluate the property than the neighbors? He presented a petition opposed to the zoning change. Robert Dane, 620 W. Windsor, stated that their property is bordered by this site on the north and west. Their property is still zoned agriculture, proving that individual lots can ` be sold off in agriculture zoning, The church has said that they do not have definite plans, then they say they do plans on doing this or that. They may be trying something shady. They are not working with the the neighbors and have not submitted a plan that the neighbors can approve. S { y P&Z Minutes n ti June 12, 1991 U Page 4 Recommendation: Ms, Feshari stated that staff recommends approval of Z-91-003. Mr. Holt asked what controls are over Agriculture zoning. Ms. Feshari stated that there are regulations on setbacks, ' building coverage, and landscaping. Agriculture has the same controls as other straight zoning districts. She read the setback restrictions to the Commission. Mr, Kamman asked if the church could amend the PD. Ms. Feshari replied that the problem with that is that the church has already been denied a PD amendment twice because of neighborhood opposition. A church is allowed by right in all zoning districts but in a PD it must be shown on an approved detailed pipa. She continued that "group homes" are for mentally retarded adults trying to establish themselves in society. They have houseparents on site 24 hours a day, Alcoholic and psychiatric patients do not fall under the group home definition according to the zoning ordinance, Rebuttal: Mr. Mathews reaffirmed that the church does plan to locate on the site. They will start out small and hope to grow, They will put up the described building and build a church and school. They will keep up the property, } Mr. Kamman asked why there is so much uncertainty about the E church's intentions. c Mr. Mathews said that he did not know, They didn't want to i spend the money on the final plans until the zoning is in place. They have a bluepprint for an auditorium but they want to run their ideas by experts for the final master plan. 1 I Mr, Glasscock asked if there will be any homes on the site, Mr. Mathews They d are being they phfind ased pout, They difficult cno t plans to put homes on the property. Mr, Bngelbrecht asked if some of the acreage will. remain undeveloped. Mr. Mathews said yes. Some of it will have to be left that way because of the drainage issue, The church would gust mow it. r Vice-chairman Holt closed the public hearing. Mr, Engelbrecht stated that he does have concerns about what will go on the property. Ile is not convinced the petitioners r PF,Z Minutes June 12, 1991 1~rt ~l[ Page 5 ~i 4! AFm have a clear idea about what will go on the property and when. He can understand the concern of the residents. He moved to deny the petition. Motion failed for lack of second. Mr. Kamman said that he can understand that there are some I uncertainties but on the other hand, some of the residents concerns may be relieved by specific use permits. He moved to recommend a;jproval of Z-91-003, Motion was seconded by Ms. Morgan. Mr. Holt stated that he was on the Commission four or five years ago when the request came up to amend the PD on this property. A lot of residents were opposed and he voted against the change. That was a Pandora's box. This request is from a small church trying to find a place to locate. Architects are very expensive. His own small church spent $50,000 on one. He also lives close to the Morman church and has never had or heard a complaint about it. The church will be a good buffer from some of the other uses in the area. To place any other kind of agriculture use on this property would be difficult. I' Motion carried (4.1) with Mr. Bngelbrecht voting no. IV4 Hold a public hearing and consider amending the Denton Development Plan Concept Map on 99.9 acres from low 1 intensity area to Urban Center and moderate activity center, and rezoning 245.8 acres of agriculture to planned development and adopting a development plan on property located in the northeast and southeast quadrants of 1-35 and Loop 289. Thirty-ntne notices were mailed to property owners within 200 feet; one was received in favor and two in opposition, Staff Report; Ms. Fesharl presented the staff report ('attached). Mr. Holt moved to extend the urban center to include j sections 1C and 1D. Mr. Kamman seconded the motion saying that he does not want to delete another moderate center, Mr, Bngelbrecht said that this site does not moot the locational requirements anyway. Motion carried unanimously (5.0). Ms. Feshari stated that the petitioner has designated office f as the low intensity use for tract IF. If the Commission r approves the concept/development plan, that tract would -1 develop with low intensity offices. f. Gt\wpoocs\dfsdac ORDINANCE NO. - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 14 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 77 AND RINEY ROAD, NORTH OF WINDSOR DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. a , WHEREAS, Den6uon First Seventh Day Adventist Church has applied for a change in zoning for 14 acres of land from Planned Develop- ment (PD) to Agricultural (A) zoning district classification and use designation; and WHEREAS, on June 12, 1991, the Planning and zoning Commission recommended approval of the requested change in zoning; WHEREAS, the City Council finds that the change in zoning and approval of the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, ( THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: JL~I• That the zoning district classification and use SECTI designation of the 14 acres of land described in Exhibit A, ? attached to and incorporated into this ordinance by reference, is changed from Planned Development (PD) tc Agricultural (A) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. ACTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1991. I t BOB CASTLEBERRY, MAYOR i T i F, U ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY t BY: el i ~i F i f PAGE 2 s { Exhibit A {page 1 of 3) TRACT Is All that certain tract or parcel of land ■ tuat !n the N. N. Neisenheimor Survey, Abstract 8100 Denton County, Texas, being all of a contain tract described in a deed free C. C. Saith, at ux, to ";)racio Poaa, of al on the 12th day of October, 1976 and recorded is Volusw 808, Page 920, deed Records oy said County, and being acre fully d,iecribod a• follows: F BEGINNING at the northeast, corner of said Peas Tract at a steel pia at a fence corner on the south boundary line of !J. S. Highway 77; THENCE south along and near a faces on the east boundary line of said Peas Tract a distance of 804.83 feet to an iron pin at a fence corner at tee northeast corner of A tract described in a dead from Clears Parker to Melvin R. Dane as thas7th day of Jume, 1964 sad recorded is Volume 511, Pals 396, Do" Raesorde of Denton County, Texas; THMI south 89'17'08" west with the north boundary,, lino of said Dane Tract a distance of 196.0 feet to as iron s seine at faeeo corner at thA northwest corner of said Treat; TM M south 0'02147" west witb the west boundary lino of said Dana Tract alaai and coax a fence a distance of j 318.5 lest to an iron pia to this middle of Old Sanger Road at the southwest 'cornet of maid Dame Tract; TRUCi south 6YO40'28" west with the middlo of old 8amser Road a distance of 42.81 foot to a found iron pia at the southeast earner of a tract described in a died from Crady R. Mciuin Jr. at us to J. A. Miller and recorded in Volume 9210, Dead Rooords; E 4 t Exhibit A (Page 2 of 3) THENCE north 0°10'56" east with this east boundary line of said Miller Road a distance of 117.97 feet to a found iron pin at the northeast corner of said Miller tract; THENCE south 89°53'45" west with the north boundary line of said Killer tract, a distance of 109.96 feet to a fence corner post at the southeast corner of a tract described in a dead from Patrick E. Parker and recorded in Volume 667, Page 5920 Deed Records of Denton County, Texas;. THENCE north 0°49'10" west with a fence on the east boundary line of said Parker Tract a distance of 98.28 feet to a fence corner post; THENCE south 88°53'29" west with a fence on the north ` boundary line of said Parker tract a distance of 139.20 I feet to an iron pin in the middle of Riney Road; THENCE north 01°26'43" west with the midd)e of Riney Road a distance of 659.95 feet to an iron pin at an angle point in acid road; THENCE north 27°13'51" west with the middle of Riney Road a distance of 544.54 feet to an iron pin; ~ THENCE north 48°17'27" east a distance of 24.73 feet to a found iron pin at the southwest corner of a tract described in a deed fvoa Robert J. Moon, ec ux to Charles Malvin CunninShsK and recorded in Volume 632, Pals 217, Deed Records of Denton County, Texas; THENCE north 48011'27" east with the southeast boundary line of said Cunninghaa Tract a distance of 174.94 feet to a found iron piia at the southeast corner of said Cunningham Tract on the south right-of-way of V. S. HiSh- way 77; THENCE south 59'34129" east with the south right-of-way of U. S. Highway 77 a distance of 251.25 feet to a found iron pia; THEM south 58*50'46" east Yith the south boundary line of U. S. Highway 77 a distanco of 454.97 feet to the point of beginninS containing in all 14.0734 acres of land. TRACT it, 8901 U90 at a steel pin in an old fence corner a e ntsrssetLou of the east boundary line of Riney Road and the south boundary line of U. S. Highway 77; THENCE south 59022147" east with the south right-of-way of U. S. Highway 77 a distance of 239.72 feet to a found PAOZ 2'' ~f pull i r,Exhibit A (Page 3 of 3) iron pin at the northeast corner of a tract described in a deed from Robert J. Moon, at ux to Charlie Melvin Cunningham, at ux and recorded in Volume 632, Para 2110 Deed Records of Denton County, Taxes; THENCE south 47°09'33" west with the north boundary line of said Cunningham Tract a distance of 126.37 feet to a found steel pin at the northwest corner of said Cunningham Tract on the east boundary line of Riney Road; THENCE north 28°38'45" west with the east boundary line a of Riney Road a distance of 237.04 feet to the point of f beginning, containing in all 0.3333 acre of land, { is hereby changed from Agricultural "A" District Classification and Use to Planned Development "PD" District Classification and Use designation under the comprehensive zoninj ordinance of the City of Denton. r. r z E: t Y f } T,. t 1 • t63 i DATE; 06/25/91 CITY COUNCIL STAFF REPORT i TO; MAYOR AND MEMBERS OF THE CITY COUNCIL ?ROM; LLOYD V. HARRELL, CITY MANAGER i SUBJECT; HOLD A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES CREATING AN OUTDOOR AMUSEMENT AND RECREATION DISTRICT (OAR), AND AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES TO PROVIDE AN EXCEPTION TO PARKING LOT PAVING REQUIREMENTS. RECOMMENDATION: Planning and Zoning Commission recommends approval. (5.0) l SUMMARY,, The draft ordinance proposes to add an Outdoor Amusement and Recreation (OAR) District to Chapter 35 of the Code of Ordinances, The proposed district would include recreational uses which tend to be a nuisance by nature to-ad?acent residential uses. Those uses generally require large tracts of land for their operation. These uses include: 1 Community Center (public) Park, Playground or Public Community Center Swimming Pool (Private) Fairground or Exhibition Area Amusement, Commercial (Outdoor) Country Club (Private) With Golf Course Golf Course (Public) Golf Course (Commercial) Park or Playground (Public) Rodeo Grounds Stable, Private Club Stable, Commercial Rental Stable, Boarding Swim or Tennis Club i Batting Practice Facility (new use) Community Center, Private (new use) l It is intended that these uses remain in their current districts as permitted uses. The a, 1 i eS{ OAR district, while ep rmitti Ig ab uses, create set of standards rtancehof th sebecomeslevidentinilightnof past problems for their use. P associated with the North Texas Fairgrounds. That property was rezoned from Single-Fa rally to General Retail (GR). The OAK district is intended to provide an n alternative zoning district to resolve similar situations in the future. It is further proposed that the current nal,~Institutional "Fairground and al Uses) to p rteE, be removed from part G, (Cd j (Recreational and Fntertainment Uses). Staff is proposing to incorporate this district into the new Zoning Ordinance, in the parking lot paving requirement is intended to allow s The proposed change runner of futureCetormfwatterrurun-offrmit gatlon parking on could be theefore land primily f~ a note, this s co could b measures. i BACKGROUND- August 8, 1990: j' The Plaruting and Zoning Commission heard arguments from Mr. James Roden of the North Texas Fairground Msociattion i response due to ding zoning change from single-family (SF-10) to general Mail (GR) Since a GR zoning classification was inappropriate for this use, staff was directed b usement and recreational uses similar toi the North Texas accommodate am Fairground. That is, those uses which are also a nuisance by nature to adjacent residential developments and could require large tracts of land. September 12, 1990' District introuced which would create an outdoor A work session item was Amusement and Recreation June 12, 1991; Planning and Zoning Commission held a public hearing, considered the ordinance and recommended approval. PROGRAMS, DEPARTMENTS AND GROUPS AFFECT Not applicable f T Pule t 6j f t FISCAL IMPACT: 1 Not applicable, G r Respectfully Submitted, k Lloyd V. Harrell Prepared By, i Harry Nr ersaud, AICP Senior Planner Approved: r c o bins, Al P Executive Director Planning and Development 1 I~I 1 i ~ F 1 I 1i #f C J } i Sti o}\q}treao ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35 OF THE CODE OF F20 ZONING ORDINANCES D STRICT; PROVIDING FOR URECOLAT ONSEMFOR THE RECREATION DISTRICTI AMENDING CHAPTER 34 TO PROVIDE AN EXCEPTION TO PARKING LOT REQUTREMENTS FOR NFOR VIOLATIONS FAIRGROUNDS; THEREOF; AND PROVIDING PFORLAN NOT TO EXCEED $2i EFFECTIVE DATE. THE COUNCIT, OF THE CITY OF DENTON HEREBY ORDAINS: That Section 35-8 of Chapter 35 of the Code of SECTION I. s ordinances is amended to read as follows: t; Bea. 35-9. Zoning districts ssCeblishsd. The City is divided into the following zoning districts: Abbreviated Designation zoning District Name I Agricultural A one-family dwelling One-Family dwelling SF-13 SF-10 One-Family dwelling SF-7 one-Family dwelling 2-F Two-family dwelling " MF_R Multifamily restricted # MF-1 Multifamily dwelling--1 r MF-2 Multifamily dwelling--2 P Parking OAR Outdoor Amusement and Recreation 0 Office NS Neighborhood service GR General Retail Commercial CB Central Business i LI Light Industrial. HT Heavy Industrial PD Planned Development FAT ~ That the use schedule of section 35-77 of the Code of Ordinances is amended as shown in Exhibit , as attached to and incorporated into this ordinance by A. By adding to nthe ow outdoor of and usmusgment Recreation 2 District x ,y 1 ~f i{ B. By moving the current listed "Fairground and Recreation Area" use from part C, (Educational, institutional & special Uses) to part E, (Recre- ational and Entertainment Uses). as a new use C. By adding "Batting (RecreationalciandyF" Entertainment under part E E, , Uses). SECTION 111- That the definition of "Amusement, commercial (outdoor)" as contained in section 35-3 of the Code of Orai.nances is amended to read as follows: Amusement, commercial (outdoor) ct viiemea primarily s ny nter- , Tent facilities 0 Lain r a ducted outdoors, including but not limited to car- nivals, booths for games and the sale of items, arenas or rings, and racetracks. That section 35-3 of the code of ordinances is amended by aid ng the following definitions: Community center (private) means a facility open to r a defined group of users for recreational, athlet- ic, or social events, including but not limited to swimming pools, tennis courts, athletic fields, ) picnic areas, auditoriums and meeting rooms, gym- nasiums, and similar type uses. Batting practice facility means a facility designed to simulake baseball's pitcher-batter relationship f by the uses of a mechanical pitching machine in an j enclosed cage or area. SFCmioN V, That the schedule of maximum floor area ratios for nonresidential uses shown in section 35-41 (a) (1) of the code of ordinances is amended to read as follows: (b) 9C8RM U MAC LA•S• ' NOMS%DWTUI DIS 11C! y I of ~ Ki 1i ~ L ~ i Use i Maniac. rloot Area - Lae Atu 211 S Ratio PAGE 2 i ff G sECTION VI. That the schedule of the minimum required front yard for nonresidential uses as shown in section 35-91 (f) (1) of the Code of ordinances is amended to read as follows: (b) SCHEDULE MINIMUM M WT YARDS - HON-RESIDENTIAL DISTSICTS 8 O#A 0 HS GL C C8 U HI Y •r Y,~ yy y aY 4% Y CYI Y Y N V ~Y O rM Y M i~ ~rl M~1 M ~1 ~+M ~+y iii~ii111111 Y "y00 y.: ~ Y Y N Y~ Y Y 11 a W o o T • Use Mia front Yard in fast 1! !0 1S 1! 2S 25 sOM~ is 13 t Y• t as Es • r iR SECTION VII. That section 35-91 (g) (2) of the Code of ordinances, regulating side yards, is amended by adding a new paragraph to read as follows: h. In an OAR district, a side yard setback of ten feet shall be provided, unless the property abuts other property used or zoned for single-family residen- tial use, in which case a fifty foot sideyard set- back shall be provided. SECTION VIII. That section 35-91 (h) of the Code of j ordinances, regulating rear yards, is amended by adding a new paragraph to read as follows: (4) In an OAR district, a rear yard setback of fifty I feet (501) feet shall be provided for any property abutting any property used or zoned for single- family residential use. SECTION IX. That section 35-92 of the Coda of ordinances, regulating height, is amended by adding a new paragraph to read as followst (19) OAR, outdoor amusement Three stories, i and recreation district except as noted in 148. SECTION X. That section 35-301 (d) (4) of the Code of ordinances is amended to read as followst ( (4) Commercial outdoor Amt2~t One (1) space for every 1000 square fopt within the outer boundaries of the proposed use, including any buildings, ex- hibit booths and areas devoted to the use. PAGE 3 r SECTION XI_ That section 35°301 (d) of the Code of ordinances, regulating the number of parking spaces for nonresidential uses, is amended by adding the following. (25) P_on.=Ity Center. Privates One (1) space per 500 square feet of floor aria plus one (1) space per 10,000 square feet of site area. (minimum of twenty-five (25) spaces). (26) Stables Boardina Rental or Private Club: one (1) space for every two (2) stalls. (27) Rodeo Grounds: One (1) space per three (3) seats, be determined by one (1) seat Common seating shall measuring 1811 wide, i ' (28) Golf. Driving Rage: one (1) space for each tee area. i (29) Faii•arounds: one (1) space for every 1,000 square feet of site area. SECTION XTI. That section 35-301 (e) of the Code of Ordi- nances, providing for special off-street parking regulations, is f amended by adding the following paragraph: (5) Due to the unstructured nature of the use and the a temporary or occasional, use of the on-site facil- ities for rodeo grounds and fairgrounds, parking r for those uses is permitted on unpaved, grassy areas. The area allocated for parking must conform to the space requiremants for paved parking as re- quired by the Denton Development Code, The number of spaces will be as required by this article. SECTION XI II. That section 34-115 (1) (11) of the Code of ordinances is amended to read as follows: (11) All parking lots shall be constructed in accordance with the specifications of Appendix A-5 and the ap- plicable provisions of the City's N.T.G. standard specifications. All parking lots shall be surfaced with concrete or asphalt, except pavers may be used if they meet the minimum load limits for the type and amount of vehicular traffic for the parking lot, in accordance with the manufacturer's specifi- cations. Parking lots shall be maintained in good condition so as to be free of potholes or other de- fects and so that all parking space lines or other markings are kept visible and distinct. The provi- sions of this paragraph shall not apply to parking areas for land primarily used for rodeos or fair- PAGE 4 grounds, as specified in the zoning ordinance, SE ION XIV. That this ordinance shall become effect've four- teen (14) clays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. SECTION XV. It shall be unlawful for any person to violate any condition or restriction imposed upon the use of any land under the provisions of this ordinance and any person found to be in vio- lation thereof shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a violation occurs shall constitute a sepa- rate and distinct offense. s SECTION XVI. If any section, subsection, paragraph, sentence, clause, phrase or word in this agreement, or application thereof to any person or circumstance is held invalid by any court of compe- tent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. t PASSED AND APPROVED this thb day of , 1991. a f BOB CASTLEBERRY, MAYOR ATTEZ T: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I ( PAGE 5 H i Exhibit "A" LEl! O~TZ - ZG>~ Art. I est. 1 , E iii ti... p9m Milli r DiSnicT ii ' IIa ii°ii M iiiiiEijs:•~':t ~ DIS'SIC! i;.• ;u:•E iEiss• ; u::m; W rt~.:: M.-i: 33 Will" aiaxuct 1jE ili ' Eti M jj;.;•;: DIStLLC'>< t:Ejj S kfj~;Ejs DI/SICt M s'•.i• iEs 1 ii W :ist M ;ii;, ;t .L• L 2~ ii::r•: R0~ DIl3If81 jl?ii j lii3i: {q'' ~ " r ° DZ~'l;zl •1 J AliD REIV+~ ~l } ; Ow t • H ~ ijiti•j !ii ti DMiLL~O Dli~~i M utr•t •ri ii s EI{ : 1 M~ t : : r: t i ''t• r r' r ±E'E » nvzum i ti1~Clm ~ •jii~t j jiiE {jjj~ •jj ~ M M DARSi.IMa < r M M .i a 'iii • j s dl aNQ.L~a DI!!liCl Ei'E' d j i i « j ~ M w ; N M Dvdts~o ~ j ~ ~ ~ ~ owrsENO alst~ M alaascr ~ ~ + W W page 1 of 16 S i U 1M,>> U'E A ! ! SF W? 2-TIIl !!-2 t 0 gggRS CA C Cll L3 blD TYPE USE w " S { E EE{{ PRIMARY RESIDENTIAL USES Ow 1NUT NORL l4 , ! f1 Et 3j fit 1 i j3i'.j .11j'3 mill lilAClYY °i i.i. i i :tt.ii Suitt NW: ' OYRr aw llR4id ` s rii :..ii ~z:Aaus 1 a ffiii f'i.i WA if. ' 1 I{~; Mil it l' 't.it? if3i! 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Sift~Iq DI ! r:; sss'}i'i » ~i~!!!I jt}:; M siiii' Mills 0 TDOOR AMUSE ENT = is AND RECREATION i• M liliii r i}iEil WA UM iiii° : !;.i sr Dili DIlfii.Yb4 nIRLRIR•1 }is i: r N ~i}: M iji!iii • 4 Is DW,Lt11p DIb'=l.TC~ iEiiii ~ ~iiiHE M r r M M "l DiRiitSMO DI:S~LC! • ~ A r M M DIb~C= : D • st N r M r DIf'~i[CZ '1i ii • ~ DNS M N M M Ir ~ r ~ DIb31C! I!1 L w w r - ~ r v • IL 10 page 2 of 16 Vet• T a . 1. a. lL'1 itit•' ilt C DISTIL tr. iir tt' t°'' R Si DTUCT •Eit?iii ii l° I1tltEi ?i? Will: iit it ,t• itti?i?i u ilzltllz ISTTUCT D iiii;iii m ii• ii, .ii ai a. i'kiiyii , i1 • t:,.. ii;E'tt l'{yt: .~i ~ii'•;1i'i DISTUC! t .utt, i t;ttti !?iii 'i .•a l.it s; iii a :i: illilln ii Mii t' ?lit! {i ii..•. ittiyy {?a,t J ?iit l3iiiiii i.:. t,••.t 31Etr' DIST1•IC'! 3; ui {i i3?ii'° !Ei l~ l• :~ri°: iiii?ii iiilii'' iiliiEii Eu{i..i it::aii tt4?,{ i•iE?iti 1 ~tt.'~ 4.. t,t. liol: C> i:ttt~ it. iiii 1 CL t?i i .utE 1 1.•Ei ii iyt t'llilt yI DISTLiC'! t i t3ii.. y? E it?i ttiEi }tt 2 Q Sa '1ii' 'a,. tii!'.o. {iyy?iEi iliE~iE € 1•E f t?tt ii3"' _ ' .OUTDMR p,KUSnIENT s lliiiii t l l l t ow u . DISUICT 3iii i i it j ii l S ?iiilii I:.% iiitiEii M i{i {?ii % l tiiti3 ~t ?.•t A i DMi4iala DI68IQ''1 11.tii •l DNQ~L1a11D DISCS-1 i iitt ° itii ~ iiit? C17D ~ M M M r ii ,E V DYLLt.1~ r f~3I M M M jilifii i~ 3i t :.•i d Dvpss~o DISti3LQ » M ° ~ , f~i ! ~ i 1, Dii~.U14 DIf2LtQ » N { M r DYII,ti~p DIf M yi Ei ii M Dlipi. DL3IG1' f!{ i 3 ! LID t ? ~ it? t 1111 a ! M w w DIS OT • ~ r 1I V a page 3 of 16 lowr Agto 7 ACRD= s ton= An. 7 I'ii?'I' it7?' ;ili'?E! f EiiEEi I??ii??, f;i?i!?i l p° DISTiIC2 rill W:Ni; :iii?'r° t:::,:: ?liEi?' m DI827.ICS :::lE .il?,? r;: !i???: DIS3ICS f? tt::EE .I;;i•^ t?;r MIME It: : lii: DIsTBICx ~ ; NIN: DISILLC! :!i?? a i??EEfii `iili i??!? iiif i`' M a' i'r QZwzUL DISTUC? iiiEfE?? fEfE f lih ii ' }EEEEfEi it;EffE ? 'iE if..y a M ''i.??' i E !!i lii ; il: SUMO DIsIl1{IC! iEMii??? ?if?' ilEiffo ~ ° DIS3LL? E?il???? ?Ed:;: ifr.:?; OUTDOOR AMUSEMENT v AND RECREATION s:. E?ifit' ?'ft!!! M DISaI6? i?~}??? DVELL MO DISMUM-R "WIN: ~ i!EE' ililii eilf??? I~i~IE iiEifl! a Sf ?!i}iE?i a Ei{?fff ~ • ';°.if?' i ~ iii a M DY1L1f1.Il~1 Dis'!!!IC'!-1 i?ii?;i? i DV LLM AiS3ICliD 'f Efi M Ef?li" "i~ifi' j;? i iEif sf a M s DMLLL m DISaIC! ~ i3iiii? iff'Ef f fEs' ~iili! t~ f M It mimi' m DIs3IC! » :f f iij'f ?f iit liif r M DMSx,LIMO DISnIC1' M ;fiiif' ; {!E it f f M M OWNLM DIS!!IC= » ff!`ii " H 11 t •i I f ii; w Jil DV LLZW DIS3IC! If!E ` s E DISSLtCT r 19 a Page 4 of 16 i Act. 7 n>taIDI2 S - ZoKm wet. 7 e !!t ii f. tiiiiii' DISTRICT '1111!11 t;:;::: ! t 11!111 s is :.!!Eii :t::.:.:..... 4!~ii; lEi!iii tt:t:~:: ;•lt:::: tt::;::i tlii~:: ~E~l~E° m DIS31T Iiiiiiji LIGHT mgvmLu& • DISUICT i.... t';r'. :i ` 1111w: f '{i{i •;t:;:, if i{'iii 11:111! ~ DYSTIYCT E f 'ii !iE,;;i :itE:ii { {'•1'~' NW: 4111!11 iE4r:: • {1;11'1 = t ; 4.rt! {E{i ; E 4! !!iii!; fi;i::: i! 1111piwl 1 t... .ir;.; s:':,: 4i4'r DISTR= .t DISTtICS 1!=r M • i i!Eii j:E;:oo Sawl DIS'! cT i.{i j r E i'f # ° DIS3I 111141{i t=1ji{ii ii{iE4i; #4{iii t4{i (fill M 11!!!11 OUTDOOR AMUSEMENT c AND RECREATION r DIS3I ,i!;f4f! DYELt.~ DISSLC!-Z ~ {1tlf'r. i•!E f 4f f {!i . ii{fj; • • (=4i:##{ 44#i#i. ORULM # r°14{i!: j M • 1 r...r 4iniii s NULZM aff" • {fi{ii ffffflf t °ii iiij# M • ~ffs7~ ! i!i DNS;S.~10 DIi7#= M {i {f{# if ili# 4fjj3ff !f tf f • • DY9um usuzcR • I f41 =141:1'11,1111: • • ~i moan DIS!llrrT ~ till#t :1444. ##4## • • _ OV>;LUM DI27"um • = f ~ • 0 1 , DIS3IC3 • • 4 # i • • ~ t i a3 ~ V Page 5 of 16 Isl. 7 1lIFSMDIE • - ZOIEM Art. 7 PLUw ! :i: DISISICT . . UAVT ii!, Will: EEi ii ~ MI: IlHF: Hini! DISTSICT iiE"0i ii}iii: ` DISTSICT iI:.. Hill! DISTSIGJt i.....!} iii tii it i: DISTSICT 4 ii iiiii E:iiElE '!lEiEi savl S DISTLXCT ' lli... ° DISTS'.ICT~,,, OUTDOOR AMUSEMENT 'ir:: r ;:•ti •.:r AND RECREATION vr.:. ,sez, .v ISlIdIP FAMILT MULTIPU-TAMT DYSLLaIQ DISZ:ICT-1 ::oc;:~ :::iii} }iiiEEE M M DISAICT-1 I i M DYSLLI110 &U SX== you= D1RL1t.IM0 DIS3ICT n:•!!! }liiii. ~1 DIiCi.II10 DIsTSICT I'i'?'E IIEE~~ r ~ fil ii j;q ~ ~1 f?a I'ErEE DYSJA DIeT DMSLLIIIO DISTUCT Ei}} ~ ;II N r DMaLLID DIST><ICT tl ~ii ~ DISTSICT M ~ ~ iii M i}l!i i M • M r r N N • 00 10 V V W oA ~ . Page 6 of lb 3 Art. 7 APPMMr 9 ) - 20m m est. Y P D ur:: t ~ DIS'lS,IC! fill iii irl?l r; •••r, r.; is , , i..... i.::::c j::::?E m DISl1IC= ii. i:i:::r •r:i?.. ?E??ii iii ' ' ii ili :i: iti? tr?:,:;; ~fii3i? ~lii ,~~~t~ ? i •;'i :::iii fiiE?~:. DISIIIC= i 0 •Eii i ? ' : ~?i! ?iii?? E:i??°i jtE?i?~ DISMUCS '?iiii t:?hi? frri ; `'rr':: '•EiE;i i??i??i t::^ DISlRIC= is?; +Ei: i•j?? ir...... tt.. ~=ri .i• ; ii fii:i:E, i~:r.;i ?j!E{~li ?i':rii 3jJi j ?li:r iiiii:. ii,•:•~ S>WYICa DISJUCT il 11H A,NIUSEMENT :.t Q ~ 1f?~" OUTDDQOR= AND RECREATION i? i?;igt. 1AtRIy t 96 DISnIC! r DNiLLIMC DIS7lIC!-2 ii;:;??; IS Q M N ??iEi~l D~i.ISO DIS'ltiLT-1 » ~ M ij'???? SiSTSIC~D M O MIMLLIN DISIUC! M r i r DRUM DV LLM DISltict w N ~lll i~ M MLI)p DISi=ICt M M mmr.w ~I DYRLL A DIS'SICT W N + DISSICT M N y l.lfi j. » Page 7 of 16 I Art. I AtSSWDIX 2 - 2OK MO Art. 7 Y tEi: r.: i tiE ,ii: i;;;; DISTUCT it..... Et... ~ DISTLICT i ii..iii iiliiii li..,;, t.i• ~il,.;g .rk::~ !i ?iii !i •.•t.,^ ii° { jiliitii t;iu DISTSSC! i' tt ❑E;.:i ii•iiii III 10 DISYIIC2 i~~ili :iiii:: 4i;iIiiii Ei}EiiE tsii„! Ei!liii iltti i;:Ei: }iii' In: DISTSICI iliijW.m tt iiiii Eii! : r^ Vi:;::! H!::iii Wi: uti iiliti° :.a' iy. Eh 'Eiil} DISUIC2 {iiii}: M. NMI! %L-. - B DISTS.ICT w 6" ° DppISY:pppp(M ppi~gg ME m o lS1DDRECREATINT ~ Dun= N IAUL M ~ DWSLIM'DIS=CT-2 W t r Ild DWSIi~IJ10 DISTLIC'!-1 0 DVAZJ= AUIRICTi<D p DITE&M DISH= < OU-FAIMT ~l DVEUJ p DIMICT OU-FAMU M&Iitrs DIS'I = DI DWaal~a Duau~ DME;LLM DnUM DIS3ICY w v v u 1 11 Iwo mail Page 8 of 16 Is Art. I Aj?1m 11 i - zo11m ~t• ~ i?! ii ;Ei?? ,,i?:. t, (iiilii ,•t!' Li:! Will; DISTRICt rr , t~ ; • tai:;.; reu a. ,;trr t y; i??:; ii? ilist t i:!ill. tit..!i :iii i:t• E ii.;: f„ ~ DIS 't'SICS iiliiiii ...Pit 1: . Wit iii(i !!;!Eii; ii:!i?EI iii(i, i°i ' 0ia i(i?it: ?ut .a,, i:i itt,i.' imill !ii.;.: iliiii! ili... !!fiat 11111i H? it;i tifiiii :,!i(:i , :!ih iu.:::: ??iii tt...;: DISTIIC! iriiii liFnui yi!! #iliiii ?!iliEi 'ii((i; !li?it tH H, u DISTi1C! :i?i?' t!i?!:?i 1rta's. t;;tta; i!?!!!c nu ii i' i!i 'iil H I DISTLIC3 H .:Hitt; E?i'I! IN N ii?i(ii M iliitti i}iii;j; iii;;;; Ei;;jii Will: law Miss: OFYIGN 3 M ° pDIf'~A.g1g g 96 A.~..RE~CRA I~T r N iaM ' r gvxu g ulluct, 6W w XgLTUSA-wan D~saio >DU~azar-i ~ u~ucno ~ DM!aJ...-yo DI1TisIC! h DI33iCt Mum ! DVILU l4 1 )Uwc! M%m DIi ula r DWZUAM DU ICT M M DISTLICT W W a Page 9 of ifi 1 Art. 7 AIPP ILX S - Z01IW Art. 7 P :r. Wit: d2 lj2l i :W::i :i:::i;' a ifi DIS711C% NUTT t ELLAL .:r ii:; iiii fl; H s DISZLiCY ;;:i 'i' ;;i;;;; HE;:;: a DISAIC! iii EEu:: i. . MEN= iiii IW:!; Ei:E: :iiii DY$aSC= ' ' fi•.... ~ ..Ei Milli :r,:•: 10f' iiiii~' DISZSIC! iiii... ::•ii;E ;E; iiii::E 'iiii :~;;;i ;;Eii;i is ii: i y~ i;;;;;" iii'^: SSf;VICii DIS'slCi o: ~ ° 37ISTUCT OUTDOOR AMUSEMENT o AND RECREATION DISWC N MULlIiLit-f~l[IL M M WILLM D132UCI-2 ~ DWiunc Dumm-1 DWSI.L= RUM= DWSUJ tN Du3ICT on-FAMY m= w Du7ucr t>Mumn DISTl.ICit DW>7.LIlRi DUUM DVZUJM =so= DISTUCT a` ~ d d Page 10 of 16 k Art. 7 APPOMIX S - 20an Art. 7 DIS'IIZC? ~'~IZ DISTPUCT iii i ii' !iii {:l:t,i tii;i ttt' E! :NIII DISTI.ICT ;ii i ~ ilE;Ei: .l;i. i Eiii• i~•.,liN q . DISTLICT t'Will I` .{iii{ ii'irri• k DISTl.ICT :z'i,:. EE l DIS CT ,NH: N lit i~ N Elil r'0;ii (t; DISTLICT OUTDOO-X AMUSEIENT 0 AND RECREATION ~y °i rAMLLM STLI CT 4 N MUL! ! W DWELL= IISMUCT-2 Ii < ~I llj DI { DNLLLIMO D MCT-1 W { li,ii IFLE DNL1Z.IX LiS'SICTSp DNLLLI~ DIBT:ICT DIfiL4IM0 DISIUCT < , { E DWXuJw D1s=CT VMS-FAULT DNEEt6LIi{Em DlfTiiCJI { DNbLm USTUCT r!J DISIUC? M N N li I ! i N N W d Page 11 of 16 i ~11OlDIZ Zown Art$ 7 att. 1 ;T;Ea 'si:iii ra; P D P ;€y'~Ek i4k'ii rl(!ii .a I'i~ I:.~;!k! 1 yiij ;Ttk:! ikt(f kui:: !!Eik!k „~i;k !ikkl::i ;k; S;. •!l4 tea is ;ki{kick kk; lii~:kf i;kka: o°. DISTRICT k k EEi Hill k klkli! ,!EE";.. M ij :il ' s;li ? snu • 9 DY a jrEkk ?!lilt jUj:;: i kEk• » Is~; ~j•;;; ~~!ik~i it AISRICT • f.... E..r kkiik. Nil i~ DISTRICT EE=k~li {~ifiE M Ili : iiis'k'' klEkki kf !ii' { .tt Tsk Jilt 111;11 i;i, E•s Ek " DISTRICT ~ DISTRICT SEtagiCi DISTRIC f ~ NMI i STRICT pig W p SANDl>,ECAEATINT y+ MAXIM r INLt i1~IL 1 M LLIMa USTLLCT-= S ~ i DVZUJ N Wa.Iam J DURLLIMff DISaIa t~ca ~J DWZU"o DISTRICT D~,LIMO DIIt"Of Ilk DMSLaaiMa UsMLIC2 &wuvomwmhb DIS2UCT a 1W page 12 of 16 i 1 ~R!)aDIX I - 'ji~ Art. 1 o PS.JdCI D !i'i' Esi•i?:. si,:;!: ~'!iiti : „ , ..LE li'iit . a DISTLIC! uis;, • •s s.i:' { , ,3i? li?i's i.,~ s., .?itis• i'.t.,: !ti!?? t!iii?t :~?Fir i4 1, 1 s DISAICT ?•;i;:t i.s•.,., a s ?sts!iii; fi:iit;° :t.•::: i;i~i~i 'il4li tirl t viii?: i•iiii? .t?!? i?i?t?: . , a DISMUC! iiiiiit i{.3i ~i?? ha:?? ~•,sas E,... . , . t:. IsiEEE si?i ??s?t3 3s: ;s: DISTSIC2 n:iti s s3,ss. 3 !k s:: i,,a.. .siti!: •ittitti it! iii ii?i ii.' ,F i?i s ? ....t i...... u DuTUCT sni,;;i DISTD.IC? San= us Cl a ° DI ~~SLpIpCR! g ~ o AND RECRION NT f °i DISaIC! 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IBTfI., a DIS u Dismar, DISTXIC2 N M Bf=►iCf DIsn= C MICE ° DpI~S~p3pIpCR! g ~ 10 AND RECRA I~T S nzsnzcf Irnwi- N IaiLT X DItD J iii DIiSLIC!-1 ~ S WABJ iN 1siTil{lTiD DYSLLIIID Dnm= s ~I •DISSDiC! DI/'aLCT ft d~ Dr~.I~o W all DN~iilff DIfaIC! O WIN DYQd,2110 DIflB1xC! D11110! ' Page 15 of 16 11 APPSIMII S - ZOMM Art. ►st. 7 synormim, DISTRICT 0 ~ DISTRICT I a DISTRICT DISTRICT DISTRICT I g DISTRICT I N - SWICS D*STRICT DISSlpUCAgT ~~gg AND RECRF.ATI~NT °i DISTRICT r M E p1TRL1,IIlC DISTRIC!-2 M-MrI "WO DISTRICT•l t Dwzujn RISTRicm TRICT TRICT =EDIIS MO DISTRICT DWUI DN1Zi.L110 DISTRI" p~ DMRLL m DISTRICT DISTRIa d I W SRI i Page 16 of 16 j i ATTACHMENT 3 MINUTES Planning and zoning commission August 8, 1990 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on August 8, 1990 at 500 p.m. in the City council Chambers of the Municipal Building. Presents Euline Brock, Jim Engelbrecht, Ivan Glasscock, Judd Holt, William Kamman, and Fran Morgan Absent: Etha Kiker Present from Staff% Frank Robbins, Executive Director for Planning i. and Development; Owen Yost, Urban Plannerl Steve Seass, v Urban Planner; David Si,;non, Engineering; Joe Morris, Assistant City Attornoyt Cecile Carson, Administrative Analyst; Mayor Bob Castleberry; and Olivia Carson, Clerk- Typist Chairperson Brock called the meeting to order. h I. Hold the annual election for the chair and vice chair of the i commission. S The Commission agreed to postpone the election until all members could be present. II. Consider the minutes of the regular meeting of July 11, 1990. Ms. Brack noted that on page 1, paragraph 9, the future # meeting date for the Commission should be August 22, 1990. f It was moved by Mr. Kamman, seconded by Mr. Kngelbrecht and unanimously carried (5-0) to approve the minutes of July 11, 1990, as corrected, i s III. Hold a special session to amend the Denton Development Plan to change the boundaries of intensity areas 20 and 211 and hold a public hearing to consider the rezoning of the North Texas Fairgrounds site from single-family (SF-10) to general retail (GR) Twenty-five reply forms were mailed to adjacent property owners within 200 feet of the sitsi 2 were received in favor of the zoning change and 1 in opposition. Mr. Holt arrived at the meeting, STAFF REPORT; Mr. Yost presented the staff report. He said t;:mt the site is approximately 21 acres located immediately north of a retail development which fronts on University Drive. The intersection of Sherman Drive and Carroll Blvd. has been complained about by ;motorists, but has had only 5 t traffic accidents in the past 12 months. If the entire 21 E sore tract ware developed for rstail purposes, Carroll Blvd. to the northern limits of thn tract should have four lanes, be divided, and have turn lanes. The Fair Association has been consulting with the Engineering Department on the optitum parking layout. An arrangement showing spacso for 901 vehicles has been provlded to the Association. OR zoning would allcoate 650 intensity trips per acre to the 21 acres, or a total of 12,650 intensity trips. The low intensity j proportionate share would be (60 x 21) 1,260 intensity trips. { Actual use allocation is (Bs x 21) 1,765 intensity tri s, 5,581 intensity trips remain to be allocated in low intensity study area 023. If OR zoning is granted, a disproportionate share of (10,650 -1,260) 12,090 trips would be allooated to the subject site and the entire study area would go into an j over-allooated status by (17,790 -51581) 6,809 trips. Rather than applying the disproportionate share intensity analysis, I i } I/ 4! P&Z Minutes August 8, 1990 Page 2 staff presents an analysis for "least intense, most logical land use" applicable if the 21 acre tract were added to already over-allocated moderate activity study area #24, Moving the boundary of the moderate study area to the subject tract and GR zoned area (if recommended) would enable continued analysis of low intensity study area #24 under the proportionate share method, since all of study area N23's unallocated trips would not be allocated to the subject tract, and the study area #23 would not be in an over-allocated status. The utilities are probably okay for most GR uses, it any upgrading is necessary, it would be at developer's cost. Neighborhood meetings were held in June and July, the neighbors favored commercial zoning, Mr. Yost showed the Commission slides of the site. me. Brock noted that this case is unusual because the applicant is the City. The Commission instructed a City- initiated rezoning of the site. She feels that she can support GR zoning of the tract. IN FAVOR: None Present. i OPPOSED: Jeff burnhan-Hinton, 2303 Denison, stated that he is a neighbor to the North Texas Fairgrounds and is opposed to GR zoning at the site, He is in favor of commercial zoning. The neighbors do not want multi-family zoning at the site. If it, I is zoned GR, it would lead to multi-family development. GR must have a residential base. A developer of the property j would build multi-family around the general retail to support the retail uses. Multi-family is what the neighborhood fears most. It leads to more crime. After a public hearing and two neighborhood meetings, the Commission does not seem to be listening to what the neighborhood has said they want. They said they want commercial zoning but the Commission is considering GR. The list of undesirable uses allowed in commercial districts is a red herring. The undesirable uses are not economically viable and are cost prohibitive at this site, What should be on the list is the fact that fairgrounds are allowed in a commarcial zoning district, The fairgrounds f will buffer the existing neighborhood from multi-family moos and so will future commercial uses at the site, The neighborhood is not the best but it is crime free. Jessica Surnhan-Hinton, 2303 Denison, stated that she has lived in her home for 23 years, She has participated in numerous events at the Fairgrounds. She has noticed the encroachment of multi-family and commercial uses in the area and the subsequent neighborhood decline. she has considered the matter a great deal. At the first neighborhood meeting she favored Planned Development (PD) zoning for the Fairgrounds, By the second meeting she had sided with the majority in favor of commercial zoning, The Fair Association I cannot do site plans. GR zoning will effect the fairgrounds like a PD. They will have to get a Specific Use Permit (SUP) which requires as much detail as a PD. They need to be frae to make changes and build things like restrooms, Economics ` will prevent indiscriminate building. The fairgrounds is needed. She opposes GR zoning and favors commercial zoning, .James Roden, 2217 N. Carroll, stated that the Fair Association strongly feels that it should be zoned commercial. There is adequate buffering between the fairgrounds and single-family { uses in all direction.. They are particularly concerned that Mr. Robbins has said it is important to staff to have an SUP j so that staff ear -nitor whatever is dons that might increase attendance at the fair. He has indicated that the restrooms and storage facility might be okay but anything increasing i f i mil t ~y i R H P&Z Minutes August 8, 1990 Page 3 attendance or traffic would not be, At the last Commission meeting, an example of at commercial use was a poultry hatchery. Those are sanitary operations. They deal with eggs which are ;Load in incubators, When the eggs hatch they are shipped out when the chicks are a day old, Ik Mr. Holt asked why general retail zoning is opposed, Mr, Roden replied that operation of the fairgrounds in OR § zoning requires a specific use permit. That requires long range planning, The Fair has no money to do anything. Their buildings are impromptu donations when someone sees a need and donates material or labor, By the time the Fair went througgh the SUP amendment process, people would have lost interest in making a donation. Also, the amendment would be expensive for the fair. Chairperson Brock closed the public hearing, Mr. Holt asked the procedures for building another area to house dairy cattle under a specific use permit. , Mr. Robbins answered that it would have to be shown on the site plan. Mr, Holt asked if it would have to be shown specifically. Mr. Robbins said yes. An option would be to go to the Board of Adjustment with open-ended type uses. The Board might be able to grant variances based on square footage for restrooms or storage. Otherwise, they would have to be shown on the site plan and the amendment process would be necessary. Staff t could do a city-initiated SUP. Ms. Brock asked how long it would take to amend a SUP. Mr. Robbins replied that it is like a zoning case. Notices and public hearings are required which takes about three k months. I) Mr, Kamman said that he thought the time period was 30 days, Mr. Robbins said that is for Board of Adjustment items, He clarified that the reason staff wanted a SUP was not to monitor attendance at the fair but was related to development and the number of buildings. He is not opposed to increasing attendance and is not concerned about the number of people that are walking through the gate. Staff is concerned about development and enforcement of regulations. He is referring to construction and development on the site. If there is greater attendance and the traffic increases, the regulations are not applicable. But when buildings are constructed, regulations can apply. As discussed, additional restrooms and storage may not qualify as expansion and could be handled by the Board of Adjustment. Another fair hall building could be considered expansion. No. Brock noted that two options are to deny the zoning case or to approve it, if the fairgrounds are left in single- family zoning, none of their problems are solved, If the commission recommends the zoninq change and the fair objects, it will take a 6-0 vote of council to approve the change. The commission could deny the case and ask for preparation of a zoning change to commercials however, State, law requires that ! a zoning change conform to the master plan. The case tonight requires changing the boundaries of a moderate node, j I 3 i 1 1 P6z Minutes August 8, 1990 Page 4 Commercial zoning definitely does not conform to the master plan. Another option would be to deny the case and direct preparation of a new zoning category for the fairgrounds. `v Mrr. Holt asked what has been built at the fairgrounds in the last 10 years. Mrr. Roden replied that improvements were done to the wooden bleacher seats. They may have built the porch and concrete z slab on Fair Hall. They would like to build a milking parlor where they could walk in a couple of cows Vt r ilking but they do not have a specific site in mind. i 9 Mr. Holt asked if there are any future improvements that the h fair could anticipate where they will be. k Mrr. Roden said that they are not sure what their plans area They have talked about a new roof and storage and restroom facilities. They don't have the money to do any of it. They did have some people that were willing to donate the restrooma but they could not get a building permit. Later the City sent a letter saying it would be okay to construct the restrooma but by then it was too late in the year to start construction. The fair was too close. They may look at doing the restroome next year. The way the area is currently zoned they can ask the board of Adjustment to allow restroom construction. it is still questionable how they can allow it since the fair is a non-conforming use. Me. Morgan asked if they foresee moving the fair. An undesirable commercial use might move to the site. Mr. Roden answered that economics will prevent the site from F becoming a wrecking yard. There are a lot of good commercial uses that could develop at the site? however, the lair does not anticipate moving. The Fair has no money and no buyer. Creating a fairgrounds zoning district would eliminate any buyers because they would have to rezone. Ma. Brock asked if they opposed a special district. Mr. Roden said that they are concerned about any future sales of the property, They have no plans to sell but they are just trying to look ahead. Ms. Brock asked if commercial is the only zoning acceptable to the Fair. Mr. Roden replied. that it is what the Board wants. They do not want their hands tied. Mr. Kamman emphasized that the City is trying to accommodate the Fair but has to protect the neighborhood from undesirable uses. Mr, Roden said that the City can change zoning anytime. Ms. Brock pointed out that the Fair came to the commission and asked for help with their problems. The City initiated zoning case is an effort to help them. City initiated zoning cases are not common. I~ E Mr, Roden replied that he thought the case was initiated to correct the injustice of zoning the fairgrounds single-family, Ms. Brock explained that as cities grow, these are non- conforming uses, The sign issue and the restrooma are what j 1 i , utfPT;,n Va. r s a;..ar i~ y P&Z Minutes August 8, 1990 Page 5 1 brought up the matter with the fairgrounds initially. When ' development was strung in Denton, the Commission frequently saw zoning cases Where sale of property Wa conti d vegent n approval of a zoning change. it is routine for leaveopedthatforzoninthe in place if a is d moves~,pthere wouldibe no reason toevel Mr. Engelbrecht stated that he is troubled by a number of issues. The Land Use Planning committee made an effort to work out a system looked very red a issue transition Before uses, The group oup the commission is an error that transitions front GR to 5F Co MF to 5F. There should be a gradual transition to SF. t commercial is inappropriate. That approach would serve the fairgrounds but not the City. Rezoning will not preserve the riot enhance ngle single but , fairgrounds, it will le when zoned sale, , The property will n might very well do so zoned commercial. That would not and protect the neighbors. Itndoes leave la fl xibility pr blem, solve the sign problem, ,j creating a new zoning district for the fairgrounds would solve , flexibility. Mr. Holt agreed. Any sale of the property would be contingent on zoning. It the fairgrounds was not going to be there anymore the City would change the zoning to a logical use. Mr. Robbins stated that a new zoning district would be Innovative. There would not be a separate category but would sits be a conditional use. It would he like an SUP without a That plan. It would be between an SUP and straight zoning. S process could take awhile. Mr. Holt pointed out that if GR zoning is approved they could i, still look into a conditional use zoning. k Mr. Kaman agreed. GR zoning will not hurt the fairgrounds s right now if the City continues to look into a method to solve all their problems. Mr. Engelbrecht noted that there is no zoning category that addresses unique community facilities. They have to be lumped in with businesses and they are fundamentally different. Mr. Robbins stated that the process of rewriting the zoning ordinance is taking a while. There Is no task force yet. It would be okay to go ahead and do this kind of amendment stbuantialt is all interrelated, This will be a fairly sub s an rewrite but can be dons iwith The without a now district issue however, different use is good, commercial zoning Is certainly a problem. The Commission has already indicated that they would like to have a district between general retail and cowmereial, it would not be called a fairgrounds district but would be a as f distri.ot with several different uses Tsuch he district air rood s, parks, rodeos, outdoor amusement, . be given a name and some standards. Ms. Brook moved to recommend that the fairgrounds be rezoned general retail and that the intensity boundaries be modified area #24. She also requested to include the fairgrounds staff to develop a new zoning in district that would accommodate the fairgrounds. j i E t i P&Z Minutes Ausust 8, 1990 Page 6 Motion was seconded by Mr, Engelbrecht. He said that It would bring the area into more accordance with the Land Use Plan and give the fairgrounds Boyne sign flexibility, He also wants to continue to work towards a more flexible zoning for them and other types of oivic functions. Motion carried unanimously (6-0), 4 Iv, Consider policy relating to the city extension of city water and wastewater lines to economic development candidates, Mr, Robbins narrated the history of the policy saying that when the Denton Development Plan (DDP) was adopted there was an economic growth incentive policy that provided for utility extension at city coat. The ranking criteria for these } linesiintparts of thescitfound to be roblematic, y here economic growth was indicating r sufficient. Also, the policy set aside money to help "hot prospects" for six months of the ye if the money was not spent in six months, it was to be ue", 1oz a candid ~ ate line. candidate lines are for wrens where the City might want to have lines in the future. Therefore, if a hot ect appeared after the six month period, the city would berunable I~ to provide ecunomic incentive, Also, extending lines to f increaseland , The Public there Utilities interest Board t(PUB) would has create recommended I only extending lines to hot prospects. A new set of criteria is included with the new policy. Mr. Glasscock and Mr, Engelbrecht have been on the committee working on this new policy. The policy is that during its annual review of the utility Department's Capital Improvements Plan (CIP), the PUB shall consider the allocation of up to $500,000 annually to { finance the construction of infrastructure water and/or sewer 1! lines. This allocation shall consist of $250,000 from the Water CIP and $250,000 from the Wastewater CIP. !i Infrastructure financing shall be provided only tot 1) industrial prospects which have committed to building facilities in Denton i 2) commeroial/retail prospects which have committed to building facilities in Denton and whicht a) sell a majority of their goods or services to j individuals or businesses outside of Donton,m and/or 3 b) manufacture goods for consumption in Denton which were previously manufactured outside of Denton 3) corporate headquarters prospects which have committed to building facilities in Denton. For purposes of the economic analysis: Project costs shall consist of loot of: debt service associated with the subject utility line's construction, and * return on investment associated with the completed I subject utility line. f : j i t y ~F i I te, September 12, 1990 Page A CI, Work Session A. Discuss a new zoning district called Outdoor Amusement and Recreation District (OAR). %IV, Seose stated that the Commission authorized staff on August 8, 1990 to research creating a new district For the North Texas Fairgrounds. Staff surveyed 9 or 10 other cities and met with Mr. Roden of the Fair Association, They have come up with a proposed district and standards based on what other cities have done. Ns. Brock asked how the proposal would effect existing amusement uses and how their situation differ from what the uses have now. Mr. Seese replied that this proposal would actually be an amendment of Article 1, the schedule of permitted uses. The uses would be pulled out and established under the new district. F Mr Robbins stated that there are three options. Before this item is brought back for consideration, staff would I like to do some research to see exactly where the uses are in existing zoning districts. There are probably i permitted uses In accordance with the existing zoning ordinance. One of the options is to eliminate by changing the table of permitted uses some uses in some districts. For Instance, the specific use requirement for a rodeo arena could be taken out of the general retail district or a putt-putt golf course kind of thing 1 could be taken out of the agricultural district. The { zoning ordinance could be changed to say that those would no longer things that could be authorized with•a specific use permit. They would be authorized by right In the new district. This proposal will change the ! t zoning ordinance but will not place the zoning on the ground until a zoning case is completed, If there Is a ` situation where there Is a use permitted by ^lght now, i and it is decided to pull that out of the zoning f district and either require a SUP or prohibit the use in that district, the use on the ground now would become ! ,ion-conformingg which means ex ansion would not be G allowed. Staff thinks that unless there Is problem at a particular site, that would not be a good option. We i probably should leave the existing ordinance and table of uses the way it is, but we would add another zoning district, Ms. Brock clarified that if a new use is requested, there would be an option of applying for what Is currently in the table of uses or applying for the new OAR district. if they get an OAR zoning, the use would be permitted by right, If they chose one of the other options using an SUPI then sale of the property would not effect the base zoning. They would have more flexibility to sale the property since It would revert to the base zoning if the amusement use was discontinued, j Mr. Robbins said yes, If the property was zoned OAR and the use was discontinued or the property was sold, the zoning woul4 not change. The issue is that non-conforming uses cannot expand unless a variance is granted, That is the situation with the North Texas Fairgrounds, They continue to be a non-conforming use ' with their general retail zoning. Mr. Roden may want them to become a use permitted by right, or he may just try to get variances through the Board of Adjustment for expansion, That may be a peripheral issue in deciding I whether to pursue this district. There are three 3 t I Is i 1 . 4 i t.e. September 12, 1990 Page i general categories winch people use to regulate rodoos and these kinds of uses. They use a separate district with standards such as we are proposing. They do it similar to the way we are doing It now, where the uses are authorized by right in the more Intense zoning they districts site plan rejulrenents n or light specific industrial; use i permits in have less intense istricts like general retail or agriculture, That is the same way we do lt. The third way is that there may be regulations on the books, but the use has been there a long time and the County owns it or whatever, and there is a falre we kiiavo nd of situation, That may be api'licahle to In the past at the fairgrounds. What we have on the ii books today is not out of sync with what is typically done, :t may be okay, but that does not mean there Isn't some use to having this kind of zoning district for these Kinds of uses in which uses are taken which a have the same Kinds of characteristics and they are 2 plunked in a place on the ground. Another point is that when San Marcos did the same kind of thing, they had the same kind of problems, they developed a "Public" district like what Austin has, It was not on the ground but they knew what they could expect when there was a case in which there were these kinds of uses, It enables them to tell whether specific things would be okay on the site where the zoning district is proposed. uses situation narrows there i are a a huh opposed range of the that now t where perspective we have could develop in a commercial district, Some of them may be okay at a site and some may not be, On the other hand, some of the uses may be fairly intrusive. It gives a better feel and narrower view for the kind of uses that would be put on the ground with this kind of zoning district. It is a morn precise way of regulation, on question, Mr, Robbins stated that there, does not need to be different sign regulations for each district. Staff is proposing amendments to the sign ordinance that would allow temporary signs for certain kinds of activities, such as what would be conducted at the fairgrounds. The amendments will not allow amusement uses to have unlimited signs, Mr. Bngelbrecht asked how the uses for the proposed district were selected. tir, Seese replied that the uses fall under two categories. They either can be neighborhood nuisances or they occupy large land areas. Any suggestions by the Commission can be Included. Ms, Kiker asked if the uses would have to abide by the landscaping regulations, Mr, Seese said yes, j Ms, Brock asked if the YMCA would fall into this category, I, Mr, Robbins said yes, Ms Brock asked about the Southview swimming pool, Mr. Robbins said that it Is not big enough. There is an of with t a sitew some in he issue smaller scope uses n such site. by right may want t single family districts when the zoning ordinance is rewritten, 3 x F"ii.11=2„ f?'y'ssi4S. 1 1 1 ♦T'£.t.1N"1~ t 14u !Il OUtCS September 1 19 Do page 6 Mr. Kamman commenter) that the district seems to be wh t the Commission was looking for. B. Discuss Conditional Use Zoning Mr. Seese reported that conditional use zoning Is not a conmon practice so It was hard to research. Denton tends to use planned developments (POs) as cure-ally. The good thing about conditional use zoning is that things can be done without site plans and that works to the advantage of property owners, Site plans are expensive for the small property owner and sons folks are simply not knowledgeable enough to pursue them, The proposal would not do away with PDS and SUPS, Ks, Brock clarified that the proposal is to impose conditions with requiring an unnecessary site plan, Mr. Kamman asked If the proposal would apply to any zoning, Mr. Seese said yes, Mr. Robbins explained that if there Is zoning in place budildsee ants ing permits, aif the tZenIngPIs not in place, and someone has a specific use In mind which has a difficulty with the schedule of uses standards, then the zoning could be conditioned without requiring a PD. For example, an auto parts shop might be proposed In agricultural zoning next to a subdivision, There may be some specific problems with that use that would be okay If there was a condition attached to the zoning for that shop, }in. Brock clarified that the pecncsal would allow the f City Council to impose conditions on straight zoning that can only be done with a PD or SUP now, 1. Mr. Pjibins said that it would just be another tool. It would 1•e between straight zoning and PDs, Mr. Bngelucecht asked how people would be able to tell about the conditions by looking at the zoning map, Mr. Robbins said that a suffix would be added to the y designations such as GRC instead of GR. The Commission agreed that the proposal had merit and ttt would provide more flexibility, Ms. Brock said that the City has gone overboard on POs. They are expensive and time consuming, There are many PDs that will never be built. C, Discuss amending the Zoning Ordinance to allow single-family dwellings within non-residential buildings, Mr. Seese reported that the staff has done research to see what other cities allow, In 198S, Denton changed its ordinance to prohlbit new residential uses in non-residential districts, Several questions about this have arisen: Staff is proposing a one-family dwelling restricted be'allowod in non-residential zoning, other cities allow caretakers houses, This proposal has been discussed with the Legal Department, it is not the saae as a caretakers house, it would permit a person to live In n detached dwelling. I t i i N I AA ' r U P$z minutes June 12 1991 Page 7 Mr. Holt stated that he appreciates the comments that were ade. The people most directly hftotmakeydechis isionsethatent mseem to be satisfied. It is tou$ will effect residential areas. The Commission does not want The people probably perceive that would to adversely affec the to hm• en on their west side. something is g to app ment to the south have preferred not to extend thetdevelop the proposed and it was a hard decision, He s that neighborhood. road layout will protect the t Motion carried unanimously (5-01• Denton North Addition and consider amending a z_91.006 Hold lan forcPlanned hearing Development 8, located on A. detailed site p the northeast corner ofgNothe rth bHim and layoueadow for the purpose , r the preliminary replat of the Denton North hat and W, Block 1. B. consider from unit 1 to lots 1-B 2500 E' staff report! Mr. Yost stated llhbe dedicated along Hwy. i square feet of right-of-way 77. Public improvements include 734 feet of conc~~~e sidewalk, plus 51 feet of water line servicing a, hydrant on Lot 1-B. The replat conforms to the minimum requirements of the Denton Subdi vision and Land Development Regulations. The committee recommends that P$z recommend approval. Motion was made by Mr. Glasscock, seconded to recommend Bngelbrecht, and unanimouslYrealateo£Cthe,Denton North approval of the preliminary P_ Addition. J Vl, Hold a public hearing and consider an ordinance amending 1 Chapter 35 of the Code of Ordinances creating an outdoor r (CAR); amndn amusement and recreation district to provideeaniexception Chapter 34 of the code of Ordinancoes s to to parking lot paving requirements. 1991, the Staff Roper t: Mr. Seek stated that on district with staff5waimsilaasrkedto thelFairgroundN. Two zonchanges need to be thed ordinance. Bail£ields and stadium made to the prop shouldibe cenleto ter.dsfromdSbetdesignateddasnprthat ivateame section a community r ' Pf,2 Minutes LJ June 12, 1991 Page 8 ~F ' 41 Mr. Engelbrecht asked when parking for parks would be addressed. Ms. Feshari said that it will be addressed in the rewrite of the zoning ordinance, iM echt, 1 It was moved by Mr. Kamman, seconded by Mr. Engelbrthe and unanimously carried (s-0) to recommend approval of the OAR district and amendment to Chapter 34 of the Code of r Ordinances with the changes suggested by staff. 11 2700x l r i 1 i f t T ' CITY COUNCIL REPORT_FORMA DATE: May 22, 1991 To; Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider adoption of an ordinance abolishing the Denton city-County Joint Airport Zoning Board; amending chapter 3 of the Code of ordinances to provide for the creataod of a AirphrtCZoning onmmission; and setting forth the powers an i I RECOMMENDATION: The Planning and Zoning Commission (6-0) and the Airport Advisory t t Board (7-0) recommends approval. 3 SUMMARY: in accordance with the Local Government Code (Section 241.013) the City of Denton may It adopt, administer and enforce airport hazard area zoning regulations or airport compatible land use zoning regulations" relating to the municipal airport. The procedure for i adoption of those regulations requires the City council to appoint an "Airport zoning Commission" with the following responsibilities, ~ 5i (i) Recommend the boundaries of the zones to be established and the regulations for those zones. Council. b©fore asupreliminary report and hold bmitting a final report to thelCitys the report Prepare { The airport hazard area and compatible land use zoning regulations will regulate and promote physical development within a "controlled area" in accordance with the Federal Aviation Administration requirements and the policies of the Denton Development Plan. The I controlled area is located within a rectangle bounded by lines 1.5 J miles on both side of the centerline of the runway and 5 miles from 1 each end of the paved surface of the runway, i The Planning and Zoning Commission and the Airport Advisory Board recommends that the Airport Zoning Commission comprised of six members with three members named from the Commission and the Board respectively. Accordingly, the Planning and zoning commission has nominated Ivan Glasscock, William Kaman and Roy Appleton; and the Airport Advisory Hoard has nominated Allis Miller, George Gilkesor,, and Rick Woolfolk (with John Dulemba as alternate) to serve as members of the Airport zoning Commission. (Attachment #1) An Ordinance abolishing the Denton City-County Joint Airport zoning Board and creating an Airport; zoning Commission, setting forth the powers and duties of the commission and providing for an effective date is attached. (Attachment #2) a 63Y Cnl' I r u 1 RACKGROUN~i The current municipal Airport zoning Regulation was adopted in County joint Airport Zoning September 1981, by the "Denton City Cit of Denton ordinance ' Boar, The Joint Board was created by y appointed by the City d" by the Denton county 80-32 allowing for two members to be ointed by the Ho. Council, two members to be app to be e Board Commissioners Court and a fifth member (chair) state majority of members. In accordance minister and enforoeawairportthazard is not required to adopt, ad unicipality's population and compatible land use zoning when a m exceeds 50,000. working with a council appointed task planning Staff is currently force on the comprehensive r to etlie cthe urrent zoning Municipal n Airport would like to re"iew and up at the same time, The current ity lations {ordinance s1°1) zoning Regu Regulations excludes land use compatibil (Airport I» the )update process staff Will review the current FAA zoning, compatibility zoning into an requirements and incorporate land use updated ordinance. j R G DEPA MENTS OR GROU S AFFECTED: landowners and Development Department, Municipal Airport, planning in the controlled area around the municipal airport. FT CA p C- i r i Not app ' t licable. Respec ully su tted: Lloyd V. Harrell city Manager - Prepared by,. f Harry persaud, AICP Senior Planner Appr i Frank H. Robbins, AICP ExecutiveDiirector Development Planning a i i} S Miw'. 1 1,1. y i r e, ' ATTACHMENT 1 { go-MMISSYON Uao-RT ?ONING_ .,.•,-~emF`D ~IxTEES j planning and zoning Commission Roy Appleton III Ivan Glassoook William Ramman # , Airport Advisory Board Allis Miller Gilkeson George `t Riak Woolfolk ) ; John Dulemba (alternate) I I d y i ' V` r' k' Ei\wpdoo9\work\49135\June 3, 1991 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABOLISHING THE DENTON CITY-COUNTY JOINT AIRPORT ZONING BOARD; AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE CREATION OF AN AIRPORT ZONING t COMMISSION; SETTING FORTH THE POWERS AND DUTIES OF THE COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, in 1980 the City of Denton and County of Denton estab- lished a joint airport zoning board to make and enforce airport hazard zoning regulations and compatible land use zoning regula- tions in accordance with State law; and WHEREAS, the joint airport zoning board adopted airport hazard i regulations; and f WHEREAS, the State authorizes cities over 50,000 population to adopt, administer, and enforce airport hazard zoning regulations and compatible land use zoning regulations adjacent to municipal airports, including land within a city's extraterritorial jurisdic- tion; and WHEREAS, State law requires the appointment of airport zoning commissions to make a report and hold public hearings on the estab- lishment or the amendment of airport zoning regulations; and WHEREAS, the council wishes to abolish the current joint air- port zoning board and create an airport zoning commission to make a report and hold hearings on airport zoning regulations; NOW, THEREFORE; I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION 1. That ordinance No. 80-32, effective April 8, 19800 creating the Denton City-County Joint Airport Zoning Board is re- pealed. SECTION II. That Chapter 3 of the Code of Ordinances is amended by adding a now Article IV to read as follows; ARTICLE XV. AIRPORT ZONING COMMISSION Sec. 3-1006 Authority; creation. The Denton Municipal Airport Zoning commission is established under the provisions of Local Government Code §241.016 (Vernon 1988). The Commission shall have the duty to study and recommend the establishment and amendment of airport zoning regulations in accordance with State law. j i r i 1 esitiont chairman, terms. sea. 3^101. Qamp Commission shall The Denton Municipal Airport Zoning have six members, appointed by the City Council. Three Of the members appointed shall also be current members of the ► Board and the other three ahallEabe ciirrent ch member Airport Advisory Zoninq COmm'BSi°n• on July members of the Planning and year term, beginning 3 shall be appointed fora one y ear, or until a Land ending on June 30, of the following Y ' successor is appointed. The Commission shall select a chairman and may adopt rules for the conduct of its meetings. That this ordinance shall become effective :I iate~ l Pon its passage and approval. immediately upon 1991. of ' I PASSED AND APPROVED this the day I BOB CASTLEBERRY, MAYOR .I I ~ ATTESTS JENNIFER WALTERS, CITY SECRETARY I I I BY 1 APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY 4 BY1 4 1 PAGE 2 I i i Y Y t~ } {f tS Ni. ear Minutes PLANNING AND ZONING CCOMMiSS17, ION1991ICIPAL AIRPORT BOARD 1 A joint meetin of the Municipal Airport Board and Planning and Zoning sRoomwat City Hall) 215 onMcApriilnne27, 1991 in the Civil Defense ~ Present from P&Z Commission: Roy Appleton III, Euline Brock, Jim Engelbrecht, Ivan Glasscock, Judd Holt, and William Kamman Absent: Fran Morgan i C Present from Municipal Airport Board: eJayA111erson, John Dulemba George Gilkeson, ancy Hundl, Miller, Woolfolk, and Gene Wright Present from Staff: Frank Robbins, Executive Director for Planning and Development; Rick Svehla, Assistant City Manager; Joe Morris, Assistant City Attorney; Joe f Thompson, Airport Manager; Harry Persaud, Senior Planner; Olivia Carson, Secretary; and Celina Gonzalez, Airport Staff Chairman woolfolk called the meeting to order. 2U a € I. Consider establishin an Air ort Zonin Commission and a r rocess Le evelo a r ort lan usescus s tte~nrocessuos r- R, on -ran a r ort a a m n stng a ryort land use regulations. l Mr. Woolfolk presented a history of the Municipal Airport i saying that the facility was accepted by the City in the 1940s from the Federal Government. The City le sedsthe In the early 19 the property to a farmer until 1965. City became more involved with the Airport and formed Tthe he Airport Board. Joe Thompson is the Airport Manager. litigation with the fixed base operatorhatfthedairport that { began in 1984 has now been resolved. operator welcomes planes into town, stores them, and sells gasoline to then. Facilities at the airport have been improved. The FAA is doing groundwork for a 90.10 runway expansion. The Board anticipates that funding of the City's { 101 will be approved by October 1, 1991. Bids are currently being taken for a new masterplan. The last plan was done five years ago. A now plan is needed to show how the airport will fit into all of the North Texas area. The FAA the wants to do a 1500 foot exteension on the north endCof has otal of 7500 feet. three would make (including Denton) listed as alternative reeyairports which sites to relieve traffic at D-FW. Theu alternative airport would get corporate and small jets. ita is good to go ahead and plan for futu25 years re nee. s I 77 1~ pg?!Airporlg91Board Minutes April 17, Page 2 round of the issues. The current Mr. Persaud gave a background were adopted September Municipal Airport Zoning g~ 1981 by the "Denton City-County Joint Airport Zoning 1980. Most of Boardr The Joint the wjointeboardAwasloutside the City the area regulated by by o ulation. The area was determined by imits l State had a low p P given to the board over land use Sttaatte e law and control was ulation of Denton is now over and height hazards. The pop ! 50,000 and the State law authori~roitshewithoutohavingntouse control, even outside tho city have a joint board with the County. SStaff would like to that framework. The existing regulations dated, proceed to set up were adopted in 1981 wand need to be r vieweesathatpthere be Stand Some areas are ver~ommission to prepare the regulations an Airport Zoning make recommendations thto the e Airport YZoningiCommissionsbegndrawn that the members of Commission and Municipal from the Planning and Zoning ordinance of the Airport Board. Eter the new, regulations are adopted, they can be included in the comprehensive ePlZonin anning and Zoning City and can be administered by cases will be sent to Commission. Information about zoning the Airport Manager who will provide staff comments and inform the !,irport Board. with new f } Mr, WoolEolk stated that the process of coming up regulations should take eight months to a year, Height and noise control will etolooked Ciat. He ty Councilotoeform ansAirport joint recommendation Zoning Commission. noin Mr.tPeed rsaud the said that after the regulations have Airport Zoning Commission should P eeded n , regulations be disbanded because there may be new reg the future. r Mr. Wright of the Municipal Airport Board Commission tobrecommend 1 to city Council that an Airport Zoning consisting of members zoningtCommission. Motion was seconded Planning bydMri.eGilkeson. Mr. Glasscock of the Planning and Zoning Commissioj► moved to recommend to city Council that an Airport Zoning Commission be created consisting of members of2nn h the Municipal j Airport Board and the PM~nnAnpleton. Motion was seconded by Mr. Wright asked how the members would be selected. M k zj p6Z/Airport Board Minutes April 1 , 1991 Page 3 Mr. Woolfolk suggested recommending ahlistroftnamesffore Commission and offering the Council potential members. the Mr. Svehla said that after the regulations are appl )Proved, , time commission couenleftrintactb but inactive unti as the regulations , Gilkeson said that he would like the chairs to appoint Mrthe members of the new Commission annually. That way there v would never be any question of who was on the Commission. Mr. Svehlasbetweentthevtwo bodiest board will ensure coop n for Wright asked if it would be wise or the new commission to report to the Planning and Zoning Commission. Mr. Persaud said that State laws requires it to report to the governing body. tak Mr. Wright alottPAZ take ituto theeCitylCouncil~endation to PAZ and then Mr. Woolfolk said that both PAZ and the Airport Board would endorse the regulations and take them to the City Council, regulations require ~ Ms. Brock said that the State enabling that the the hold a ~ developing g do. mustrbeoanaAirportlZoning outside Mr. Robbins saidthat of the city Commission. Mr. Holt asked how many members would be on the Commission. After discussion, it was agreed that therne Ai rportaZoning Commission should consist of three membs from P&Z three members from the Municipal Airport Board. Mr. Svehla said that an appeal of their regulations could be made to the Board of Adjustment. Ms. Brock said that since the special regulations will become part of the Zoning Ordinance it makes sense to follow that structure. Mr. Kamman asked which body will hear zoning cases. Mr. Svehla said that.p4Z will hear then after the regulations are established. j t Ejp$Z/Airport Hoard Minutes April 17t 1991 Page 4 Mr, Robbins clarified that the planning and Zoning there was Commission would hear zoning change petitions. BoardioftAdjustmenLUregulations, then therules thatowouldwith hethe ardactual t Vote on the motion to recommend formation of an Airport Zoning Commission to the City Council was taken and passed unanimously (7-0) by the Municipal Airport Board and (6-0) by the Planning and Zoning Commission. It was moved Ly Mr. Holt, seconded bodies toarecommendda unanimously carried (13-0) by both I three-three membership from each. r Mr. Anderson asked who would be the governing body if someone wanted to build a 40 story building on Hwy. 380 north of the Airport. ` V Mr, Woolfolk said that the request would be under the authority of the Planning and Zoning Commission and federal regulations. s Robbins explained that if the property sere already Mr Robbins for the building, then they would just have to follow zon the airport zoning rules, If the rules say the building would be permitted, then theBuilding zOfficial would look at i the plans. If the property wer not then the case would be reviewed by the Planning and Zoning Commission andggCity Council, The new rules would go along j override thelairporttzoningndistrictirulegangs could Mr. Svehla said that the new board maghtecidettorbeaeveonly more strict than FAA regulations. now height regulations in the county area. If the new rulesnare adopted they could strengthen look aththingsrthatacould.affect the rules will let the city airport. After the regulations are adopted, the Planning be drunn by g the Commission will Airport Manager administer r Bothem ard,but the cases can Mr. Robbins explained that the Aiipurt Zoning Commission would formulate with cases. regulations, Commission there would be Mr. Informed the at an alrshow Ms. Brock asked when they should name the members to the new Commission. i t , ii 1 i p&z/Airpport Board minutes April 1'1, 1991 page 5 Mr, Robbins said that names could to submitted with the adopting ordinance. Teton, The planning and zoning Commission nominated Mr. App Mr, Glasscock, and Mr, Kamman♦ Fut p6z II, ure A enda Items for will Mr, Robbins said that there ing zoning case session on the May 8, 1991 for a big P Mr, Holt said that the Commission needs a review of the new nned development ptocess: pla points Mr. Appleton said that he wruld like to hear the key of the Supreme Court case that Joe Morris sent to them. kk Meeting adjourned at 6:12 p.m- 1 , 2694`.( 2 1 t i , IE 1 i 4 ,I CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Hari-ell, City Manager SUBJECT: Approval of a tax refund to Cencor Realty Services RECOMMENDATION: Cencor Realty Services has shown proof of payment and the Tax Technician recommends a refund. SUMMARY: Chapter 31,11 of the 'T'exas Property Tax Code requires the approval. of ;f the governing body of the taxing unit for refunds in excess of $ 500,00. Cencor Realty Services has requested a refund in the amount of $ 1,857,81 due to a duplicate payment of Account # 27181. ' BACKGROUND: Taxes were paid on 4-16-91. and again on 4-26-91, each time in the amount of $ 1,857,81. Cencor Realty Services is requesting a refund of their overpayment. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: s~ The Tax Department and the tax account of Golden Triangle J/V will be F affected. FISCAL IMPACT: a $ 1,857.81 ti RESPE LILLY SU TTED: N } 4 L Jarrell City Manager Prepared by: a < 1-2 ame Vic Schneider ti Title Tax Technician Approved: h% - O 5 ame Ilar efferson t Title T urer 2633C/3 I, ;'l LL I k: 5511 it IINunO Aka+ s ~ APPLICATION FOR TAX REFUND 00 3 1,110 112) e Collecting Office Name a Collecting Tax For: f1 ( axing UnIS) ~O Address zip Code - _ _ _ - - - City Slate, In order to apply for a tag rotund, the following information must be provided by the taxpayer, C , I ' IDENTIFICATION PROPERLY O~NE , t Name: _ , e V S. Address: a i Telephone Number ((I additional information Is needed), ti IDENTIFICATION OF PROPERTYr _ I Description of Properly, t- C- `y 1rs"`_- ~-0 Addreas or Location of Property: ~or Tax Receipt Number; i Account Number of Property: INFORMATION ON PAYMENT OF TAXES: Amount of i Name of Taxing Unit Year for Date of the Amount of Tax Refund From Which Fletund Which Refund Taxes Paid Requested Is Requested Is Requested fax Payment - - ~19q~ s 5 $ 1 19 - - ~co r 19-- s S t y a+ 19 $ l 21 $ Taxpayer's reaecjn for rotund (attach Supporting documentation):n a e above desorfbad %xes and certify that the information I have given on this form "I hereby apply for the ref lidofthe is true and correct" s Ua yea e cisSeri/ - =C)ate of Application for Tax Refund J( 7S Q Signature- ~aJ Disapproval Approval DETERMINATION FOR TAX REFUNDS Date Signature of Authorized Officer Date SI nsturt of Presiding Officer(s) of Taxing Unit(s) for refund applications over $500 IaonoMlMtosowingPMattlaS: t' a"P mMta Any poraon who nuke a fats. entry upon Me Wogs rro raeord Shah M aub►eot both Such Ilrw and such Mno and Imodsonn>+nl as Sol not Mesa than 10 years ter IS" than 2 Years Indior a fln* of not WOO a torm up to Yew of s lino not to exceed $2,000 a the" I ImprlSOn+nont; 2, con , I*Ah In Sootlon V.10, Penal Cods. ~4 P4f Utq .tU1 ( 14{r it 111 ,Y . i r 1 i 7 I I r ~ F I GOLDEN TRIANGLE 1005 , CENCOR REALTY SERVICES, INC. f 3107 MAPLE AYE,, STE, 600 APR ? 3 1991 I DALLAS, TEXAS 7WI St IlSIIIEO ! PAY 'e ono IEIpR CITY OF DENTON TAX OFFICE ~ 4' s s 0,269.44** j COLLARS II.00 i00 5x~ . is i i 100 i i SO+: 11,0880 50 6 K9 4 o,00Q 19 26944' 3 r i I t Y.e. • 1 r~ • 1„j ,Bt 1 E t'~f y F1K so m S 9 w A 0 y= f'y I 0 m j 1 1 ' r i F I ' M.9t~AjA1 REPORT FIOROSDW 06/14/91 AT 10127 O V E R P A Y M E N T S .._---'PAGE 3 ACCOUNT NO. RECCIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT f 11484100000 90/07/01-0051 BROWN. K DALE JANNIL ST 0001 OVERPAY 35586000000 90/07/01-0053 BROWN. K DALE OUNNIE DRAF_ ST 0,04 OVERPAY ' 32265000000 90/07/02-00£2 CLARK. 011.1.IE J INGFISHER 0.02 OVERPAY 90802100000 90/07/00-0023 MACHINE TOOL FINANCE CORP 206.45--QVERPAV 22898000000 90/07/00-0035 GRIFFINo JOHN PARK LN 53060 OVERPAY 12971100000 90/0r/00-0038 VAN HACLE. KEVIN M UROKEN UOW ST 32475 OVERPAY 26170000000 90/07/08-0040 PACK. MARGARET EVELYN SCHMITZAV 47.66 OVERPAY 86251000000 90/07/08-0042 CALVERT, MICHAEL J WINSTON DR - - - -32.75 --OVERPAY ------83906000000 90/p 1/08-0045 RLLDr CIIARLLS A 14x08 OVERPAY 11303700000 90/67/08-0056 HALBERT. FLOYD TEASLEY LN 0.48 OVERPAY (0090300000 90/01/011-0057 DENTON PRECISION ALIGNMENT FORT WORTH DR 0608 OVERPAY -12540100000 90/07/09-0023 DOUGLAS. DONALD --FOR CIRCLE 29460000000 90/07/12-0001 GROWN, JIMMY GALE ATLAS DR 159.95 OVERPAY 61126000000 90/07/12-x0005 MCCLELLANo C J 6 VIRGINIA L 2.00 OVERPAY 21952000000 40/07/17-0001 ULYER, L55&LL L HOLLYHILL LN 0401 OVERPAY 27301000000 90/07/23-0020 QF:AZLf.Y. CHARLES RIDGECREST Cp - ---0496-OVE'RPAY~--- 11229000000 90/07/25-0015 PENTON, J L GREENWOOD DR 0901 OVERPAY 13461900000 90/07/26-0001 GULDEN TRIANGLE 41V COLORADO UV p040011 OVERPAY ~ 901021 $7181 00000 90 07/226 0016-~GOLbE NTAAEWLE J/V- GoI ADO BSV-I ~ 9*f4al 22B~RPAY . ~'r--r >t;.e *r vvv,i - AC~iT3r'S7iGY7CCE-""`"'••'~-•- E-l7RTVETTST•PY._TI-"_---_"70'37'-byERP7iY-'"~""' 234 6000000 90/07/29-0044 MILLER. SAM 0 PANHANDLE ST 0.03 OVERPAY 39275000000 90/06/02-0013 JACK DELL CONST CO INC LONDONDERRY LN 976493 OVERPAY 44261000000 90/08/09-0011 JOHNSON. WILLIAM M Jk --"N ELM - ST - -----O,T2-0VI.RPAY-°°- 1 60533000000 90/08/10-0004 MANS. HOYT TEASLEY M 30 L 6.92 OVERPAY 50835400000 90/09/13-0010 KENEMUR E. JERRY 8140,01 OVERPAY 76719000000 99/00/13-0029 DROWN. K VALF - 29369000000 90 0 8/15-0006 GEORGE* CHESTER M W F~STT 32476 OVERPAY .06_.. OVERPAY---- 23763000000 90/08/14-0006 WALLERs PHIL D OXFORD CT 0401 OVERPAY 36026000000 90/00/21-0006 JUDO. THUMAS E 34221000000 90/08/21-0007 MATeU. MANUEL J JR THOMAS ST 0.76 OVERPAY ...$3763000000 90/08/21-0009 DS FOOR. CANNY - AZALEA--ST- 1476'-OVERYAV-----. 35713000000 90100121-0011 JAM S. CHARLES KENNETH S ELM ST .0 OVERPAY 23624000000 90/06/21-0014 FRECMANo CANAL D HIGHLAND PARK 32a7~ OVERPAY 11543000000 90/08/21-0016 THUMPSON. LESLIE M WINDSOR ST 32.75 OVERPAY -39029000000 90/08/21-4018 KING. PAUL ETAt, _ 4475-GV*APAV- 29273000000 90/08/21-0020 SMITH. MAX C N BE L RAVE 72.71SOVERPAY 3031000000040/09/21-0022 SMITHI CLETE L NORTH LAKE TR 32.75 OVERPAY •06520000000 90/03/21-0024 FOX L JACOBS CRAIG LN 32.75 OVERPAY I ?6039000000 90/00/21»0026 HOSTON. DAVID L. --RL--PA"a 8T - --82.76 OVRIAPAY------ 8650170000 0 90/08/21-0028 KENNY. DCVERLY HENDERSON OR 32,76 OVERPAY , 1073900080 900/08/21-0030 SMITH, JAMES M EVERS PKWY 68.20 OVERPAY i X2101000000 90/00/21-0032 TERRY, TYE U BRITTANY OR 32.75 OVERPAY 53629900000 00/00/21••0034 LODGE CONSTRUCTION CO _ _._..-.-.....0473-OVKAPAY-.---- 1 4330200000 90/00/24-0010 JACKSONI JOE FORMERLY SPACE 171 0:01 OWERpAV 99574200000 U/80/31-0020 DUTCH'S PARKING LOT SERVICE BONNIE BRAE S 84 OVER AV 71599000000 /8/31-0037 MAC!;AS, ST-VGN J CRESYWOOD PL 167.16 OVERPAY -30697000000 90/09/03-0093 CALLAHAN. JAMES ETAL - W HICKORYST 946 -OVEAPAV--------------- j 14876100000 90/09 /04 -00 03 LANL, MARK A GRANT PKWY 8.81 OVERPAY 1 1:3424000000 90/09/05-0001 KERB, WALTER R BROADWAY ST 4.64 OVERPAY I 11970000000 90/09/05-0007 ADAMS{ JOHN H• NEFF ST 0411 OVERPAY ;_.00020900000 90/09/06-0030 U6ST WESTERN DENTON INN - 1-360 N ..__.0.01--•y1cRPAY--_...._.___ 1 I r i I ,:;i' --i j l F~ 'Y1 DATE: 06/!25/91 CITY COUNCIL REPORT +~,C • j Mayon and Members of the City Council i T0: Lloyd V. Harrellr City !Manager FROM: FROM UNIT 1, SUBJECT: ORTH ADDITIONi PRELIMINARY REPLAT OF THE DENTON N !;LOCK 1: TO LOTS 2-E AND 1-W val, 5-U, at i Commission recommended approts RECOMMATI-Nplanning and Zoning The June l2r 1991 meeting. SUMMARY! This is a 2.3006 saes site located on the Currentstxoncorner ingr of Highway 77 and Fallmeadow Street. The r; Development 0• allows mixed office and retail use. A proposed amendment to PD-Br to be reviewed tonight, mouifies the proposal to C allow for the proposed use of Lot 1-W as a. Sae station/delir and 4 ~E as retail. Construction on Lot 1-W in scheduled to begin 1 Lot 1 this summer. }i will be dedicated along A 5 foot wide strip °frovementsfinclude 734 feet of concrete side- y 77. Public imp U•5• Walke elke plus 51 feet of water. line servicing a fire hydrant on Lot 1-E, w BACKGROUND t the site is vacantr although there is an oxistin9 plat .f Currently, and zoning. - City services and faeilitiesr including watery gas, sanitary sewer, electrical, and solid waster are available or planned telephoner for. The detailed plan directs that the olectric wires along 77 be underground. Highway Denton r conforms to the mnimum requi ision and Land DevelopmentiRogulationarements of the The vreplat t subdi 1rROaRAMB $DEPA everaE O 1 e.~r CitydepaOrtment6 'i' Lincrease in Denton's tax base- Respe ally a bm to : t Preparud byi i' !A Llo V. Harrel City Manager i E, O. Owen Yostr ALA a. Urban Planner Aphro A Fra H. Robbins, AICP Executive Director planning and Development i 3450k t; F z!. jj 'i i MTACHMENT 1 Zm9lw006. PO N\7RTH O d V Z{ RaBaIE-o ~ ~~J , y V~JWWJ J a SCHL. OEL T1R. X49 EVERS PARK ARDENYIEW MEA0001EW = ABE C CIR. +u AI-LMEA ENJIMAN 1R. 1TlpA ®RI$ ~J Q ET t c r. r lwtir~a~o~ L~ s vMCa z D'O211 OQA ORR I J M1Mg5A HEaOLEE i-- I A o STRATA DRIVE 3 MRIOGEW ` - - ~ \ OFtIYE ~ 4 ii y `i li • ~`)...1 111 ~}f~ P&Z Minutes ATTAUMEN'r 2 June 12 1991 Page 7 Mr. Molt stated that Ise appreciates the comments that were made The people most directly affected by this development seem to be satisfied. it is touThetCommissionidoessnoltawant Will effect residential area people probably perceive that to adversely affect them, n The on their west side, l lie would something is going to happen som preferred not to extend dvelopment tthto t e proposedh decisin, and it was a hard rotectotile neighborhood, road layout will p Motion carried unanimously (5`Q)V, Denton North Addition ' A. Z.91-006 Hold a public hearing and consider amending o mont 3 detailed site cornoroofPNorthdl3lmvand pNallmeadowcfordtha the northeast layout, purpose of reconfiguring the building i Consider the preliminary replat of the DO Blockolt Addition from unit 1 to lots 1-6 and 1-W, Staff report; Mr. Yost stated that approximately 2500 along s(uare foot improve vlementswinclude 714 dfeet aofd concretlewy, i sidew blicmpro feet of water lino servicing a fire -13. The replat conforms to the minimum hydrant on Lot 1 requiroments of the DentonTHebUovelopmentdReview Development Regulations. roval, Committee recommends that PF,z recommend app b Mr. Motion was made by Mr. Glasscock, socatulod to re Bilgolbrocht, and unanimously carr latoof(tho)Dentolt No~rthd approval of the preliminary rep 4 J AdditionI 1 Vl. Hold public hearing °nd consider an ordinance amending Chapter 35 of the Code if 01•dinancos creating an outdoor , e.musemont and recreation district (OAR); and amending Chapter 34 of the Code of ordinances to provide an exception to parking lot paving rqui IEst 80 1991) the staff Report: Mr. goose stated that on AUg staff was asked to look at creatitt ,,we changes need to be I; uses similar to the ltairgrances' );alifields and stadium made to the proposed ordit and in that same section'; designated as private. should be centerdshfron, ouldsection community I I s) l 2651L-1/3689 LLLJJJ . N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND UWARESN OttA SERVICEST FOR THE PURCHASE OF MATERIALS, EQI JIPMENT, 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 has l reviewed and recommended that the herein described tbids Hes ton ~ lowest responsible bids for the materials, eq ip e , suPp services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for ti the appropriation of funds to be used for the purchase of the l materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the numbered items in the following numbered bide or ma erials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the Office of the City' a 'Purchasing Agent filed according to the bid number assigned thereto, are ; hereby accepted and approved as being the lowest responsible bids for such items; BIG 1TEM AMOUNT !1. ,B ER NO. VENDOR 1257 1 _5adnERN ASPHALT _ - 7~-- 1257 2 1C_OCH MATERIALS- ZMTBIT s_~- r1297 395 ELF AST?13ALT SYHIBTT -0 ~12 7 4- IiCS PETROLEUM - EXHIrD CAM MATERIALS ,,,r...__- mttnT~ _ _1257 6.7.1 )1 MAN ^ 25 8.9.12A SUNMOI _1zg7 10.11 JAM PUBI.TC - - - .=U= (L a i I i 7". SECTION 11, That by the acceptance and approval of the above numbered-teems of the submitted bids, the City accepts the Direr of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, ;standards quantities and for the specified sums contained in the bid Invitations, Bid Proposals, and related documents. E SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a rasult of the acceptance, approval, and awarding of the bids the City Manager or his designated representative is hereby aut~orized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance' with the terms, conditions, R specifications, standards, quantities and specified sums contained h in the Bid Proposal and related bid documents herr,in approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered itemo of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein, SECTION V. That this ordinance shall become eiiective imme ate y upon its passage and approval. PASSED AND APPROVED this day of wM~ , 1991. i B0I3 CASTLEBERRY., 'MAYOR 4 A17EST: , JUMP ALT ' , , C SEC APPROVED' AS TO LEGAL FORM,. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY + PAGE TWO p F3 e j war=.tsa.3 BID !I' 1257 1 BE) D ILVMT-AC>fID MATFMPiZ i S AMIALT CFEN DA 5-,23-91 i I # 1 MM DMFdP1'ION UF3JDOA 1 ~1 I I { 1 I AC1o L low ASPHALT I I I A)FM DMM(TM= LOAD) 1 .3753 1 v, 1 H)FCe PLANE 1 .3277 1 1 I ~ I 2 1 ASPHALT DULSICN YOw-2 EXLIIBIT A I I A)" L»NfCRI(TU,% LM) i IB I F "C8 PLANT I I 3 E ASPHALT ErtIL.Stu?tF RS I A)M WMN(TM LOAD) I NN/B /B B)" PLANT I 4 ASPHALT LMAZION M32 1 I A)ECB DUM(IM LM) 1 N/e I OEM PLANT i NIB ~ } 5 { D ULffiCH ASPHALTIC PRIME 1 I I A)FOB Dg=(TMK LM) { N/P I f L3)FCe PLANL 1 N/L3 I ; 6 I sm m DFSm I NAI I I I 7 I PS-5 PIt,=Tm At➢ MMTE 1 I I 1 CLa1.~m ELM FCB DM'04 ~ NA 8 ( TYPE D OR A HOT MI% NCT LAY ASPHATIC fXxJCREM i N/h i 9 1 TYPE D OA A HOT MIX 03T 1 1 I LAY AMC= OCtJOLiE7TE I FLOF63Y I NIB 1 10 I TYPE D OR TIC~ f LAY ASPNALOONCMTE I N/13 I I I 11 I TYPE D OR TPPE A Wr MIX HI I i LAY ASYA&TIC CCACt M N/B I DEMERM I I I I I ( 12 1 TYPE EF HOT M CMD LAY 't it I AMMTTO DUMM(CUD t4t1 N/B I I M" DE7~tLCkt WB I I g)PC8 PtI~NT ADDMM I YES 1 I f { I FO13 ~ I 1 I 6+(&, MIN I i SID it. 1257 j SID D ASPr1ALT-ROAD MATERIALb { KOCH I I J OPEN DA 5-23-91 li I ITEM DFSCATPITCN VENDOR ^i I 1 I AC10 LIQUID AsHaT A)L;CB IEMbN(TRIX:K LOAD) 1 l B)FOB PLW I N/B ~ I 1 I ri 2 I ASPHALT :ION #CRS-,2 I I .637 1 gXgIBIT Ii A)FQB fET=(TROCK LM) I B)FOB nANr i 6oo I I 3 1 ATMT 31=ON om I I A)FCB DE CWTM LOAD) 1 .637 1 F1)F00 PUM i .600 4 I ASPHALT FM=CN hL2 I 1 I A)F(B Dgn%(TRUCK LOAD) I .6600 F 1 B)FYB PLANA 5 1 EM1I;l II ASPHALTIC PPME I I I A)FCB LfSfPCN(Ma L=) 1 .737 I E B)FCB PLANP i .700 6 1 PB-4 F'RF}r(1ATED AO IMTE 1 CRLUMD ME FOB bEr1TCtJ 1 I I , 7 1 M X5 MAIM XCFSMTE I I I CRILM S1C t!R FM DW% i N/B I 1' 8 I TYPE; D OR A HOP MIX HOf { I 1 LAY =%TIC CONCRETE NIB I I 9 1 TYPE D OR A HOP MIX HOP I E LAY ASPHALTIC CCNCAME i N/B I MO~rAOY E I ; I 10 I TYPE D OR A Wr MIX HOP f I LAY ASPHN..TIC Oa-MM N/rl E 11 I TYPE D OR TYPE A HOP MIX Hi LAY ASPHALTIC M CM I DKM NIB I I 12 1 TYPE FF HOP = COLD LAY I I I ASpFIA1170 CCt FM(COLD MI 1 AM MM I NIB I } ` s)FrB PLAtTP ADDFS1tA.M FCB { I I I BID # - 1257 I I I I BID D ASPHALT-ROAD MATERIALS 1 ELF ASPHALT I I I CPE24 DA 5-23-91 l I .I # ITEM DES IR ON ^ I MMOR ~I I 1 1 I AC10 UgFID ASPHALT E I A)FCB DEln(Tf=K LOAD) I NIB B)FB PLANT I NIB I I 2 f ASPHALT DULSICN NCFS-2 I I MWIBIT C A)FB DENTON(TRM LQ4D) I .6455 I B)FCB PL,ANP I .60 { I 1 3 1 ASPHALT EMILMON 4M I I f; I A)FB Dee N(MCK LOAD) 1 .6455 1 =i I B)RIB PLANE I .60 I I 4 I ASPHALT M= ON M82 I I A)FB 1lE]MI(T= LARD) I .6455 B)FCB PLANT I .60 I I I 5 I DULSICN ASPHALTIC PRIME I I A)FOB DWPON(TIM LARD) .7155 I I B)CB PLN I .67 1 I I I 6 1 PBA PM)OAT'kl) ACOMATE I I CRI1= ON FOB LlN1CN I N/9 I 7 I PB-5 PREUTED XOMATE 1 CIItan STONE Fm DENICX4 i N/B 1 6 I TYPE D OR A HUT MIX HC1T I LAY ASPHATIC CCNCRElE I N/B I I I I 9 I TYPE D OR A IM MIX HOT I I I LAY ASPHALTIC CONCRETE I I I FUJFh30Y I N/B I 10 I TYPE D OR A HOT MIX H0T I I LAY ASPHALTIC 0X7k7IE I NIB I I 1 I 11 I TYPE D OR TYPE A HOT MIX 81 I LAY Aw PHALTIC CONCWTE I I J DELUFM 1 NIB 12 E TYPE Fr HC4' MTX OCLD LAY I I { 1 ! I ASPHALTIC OCN`RETE(COLD MII I -1 I A)FOB DENTON E NIB I B)FM PLANT I N/B ~ I I ADDS= FOB I I 1 I r~ t U BID 11, 1257 I I I BID D ASPHALT-ROAD MAATMrAlS I tm I 1M f cm DA 5-23-91 I J 1 # I rfEM DEXRIPTICN ! VENDOR J J I I 1 I AC10 LIQUID ASPHALT I A)FYB DF1=(TR a LOAD) ( NIB I BMU FLANT .51 I s I J I 2 I ASPHALT M>1 ON BCR 2 I A)EYB DENP(14(TRUL'IC LOAD) ( N/B B)FCB PLANT I N/B f f 1 I ASPHALT M1LS7CN MRS I I EXHIBIT D I A)EYB CENTON(TRUCR LOAD) I NIB I f B)FCB PLANT I N/B f 4 ASPHALT @A1il MCN t4SZ I ! A)FCB 3 I B)F (TRUCK LOAD) I .58 I 5 I DUZ[CN ASPHALTIC PRDC 1 I A)FC8 DENTON(TM M LOAD) I NIB B)" Pt.ANI' J NIB 6 I PB-4 PRS=TED ACG[MATR I I ss{ i CWM ',ME FIB DH2M I NIB 7 I PB- 5 PM:OAW AM MATE I f J CM&M Sim FLT DENlCYV I N/B 1 8 I TYPE D OR A WT MDf HOT I ! LAY ASPHATIC COMM I NA I I I t 9 1 TYPE; D CH A HOT M H7f I LAY ASPHALTIC OUIRM I I I RAM I NIB I I I 10 I TYPE D Oft A Wr Mil Wr I LAY ASPHALTIC Clam I N18 11 I TYPE b OR TYPE A H01' MLX NI I ! I LAY ASPHALTIC MOM I f DELIVERED i NIB f i 12 I TYPE W HOT MIX COLD LAY I I I ASPHALTIC CONCr;FrfE(CCLD Ia I ! I AAS DMM I NIB I I B)FCB P[ANl I N/B E I I ADDF2+QAM I I t I BID # 1257 I DID D ASPHALT-ROAD MATERIALS II VULCA1i 5-233-91 C PE'l DA 1 I VRMOR I it i ITII1 L~..----~ 1 I AC10 LIQUID AwPtIAt'T N/B ` I A)FCB DfMCiN(TM LM) i N/B II I o m Km I M-JBYT F 2 I ASPfiALT BU qoN OCRS-2 I I pFrlTOf1(TEi<1C LOAD) I N j I A)FCB NIs ~ I B)" PLAin I 2MAMON 3I ASPH t NM A)F(B CFNTGN{TRUCK LOAD) ; N/B I B)FM VWW I I I 4 I ASPHALTSICN Ms' S' I A)FCS LF1~fG9(TRUCit LOAD) N/B E B)FM ABM I 5 I FMJLSICN ASPHALTIC PRIM I I I A)M LtzarrcN(TRUCU LOAD) M/D ; N1B I B)FX PLANT I I i E; y II PD-4 p=OATM AOOFWATE l 18.29 cRUSH~ STONE DQ~ON 7 1 P13-5 PRDCOA= AOORfzIATE k 18.29 I' ( CRUD STOIC FCB DENDON I I g I TYPE D OR A Fide MEl HUT I LAX ASPHATIC OM7VM g I 2 CM D OR A Wr faX t= I I LAY ASPHALTIC OC;dCREPE i NIB I ~ I I HOT 10 II tZ ASPHALTIC~CO~ I 23.71 I 11 1 D OR TYPE A to MIX I I I LAY WMTIC OON WTE DF1,1VF3tP9 ± N10 II 12 1 TYPEE FF sdT MIX OU LAY I I ASPHALTIC CCNCSLE{CU1) Mi 23,04 I I A)FCU DE2 O I 18.00 j { B)FM PLANT 1 I ADUE4i>7~M j YM I I TixR I I { 20 TON MIN I t q {s 4'A BID # ,257 1 I I BID D ASPHALT-ROAD MATERIALS i SIRS•frNT COW. OPEN DA 5-23-91 E i i I nv LESC ON i VEMOR I I ( I 1 I AC10 LIQUID ASPHALT I F I A)FCS DENTON(TR M LOAD) i N/B 1 B)FCB M.AW i fJ/B I I 2 I ASPHALT ReSICU #Cf&'2 1 N/B I A)FCS DFlPiif!(TRUCfC LOAD) N IB IX; I B)F'CB PLANT I ! ( t FJH282T V CN 48M 3 1 ASPHALT FrsIL.SI A)F'CB DMiM(n= LOAD) i 13 i fi I B)FCB PLAN= 1 I I I 4 1 ASPHALT @M=CN W2 A)M MflM(TRUCfC LOAD) I NIB B)FM PL.ANP N/A w ! I 5 ! FMIL.SICN A5F' MTIC PRIME I NIB ! A)FM D,'24PCN(TAUCK LOAD) i N/B } ! B)FM PLANP 6 1 PB14 PRIIPOATED ACOMMPATE I O7iU51{ED S110p>E FM DUM i N/B 7 ! PB-5 PRBJQ M AGOMATE I ! CFISm STONE Fly DENT~J i NIB 8 1 7m D OR A HOT MD{ HOT I I LAY AS"TIC CCNCWFE i 21.80 I f I 9 1 TYPE D OR A M MLX wr I I i LAY ASPHALTIC CCNCItB']E I i FLOW ! 20.70 I I 10 I TYPE D OR A M ',A HOP I I ! LAY ASPHALTIC CC #,ME I 18.00 1 { I , 11 I TYPE D 08 TYPE A Wr MIX H1 1 ! LAY AM ALTIC OM=M ( I I I oELi 024.00 1 I «026,00 1 12 I TYPE FF HOT WX M LAY I 1 ASPHAL' IC CCNCRC'FF,(ou MI I I A)vm DM*0%4 1 22.50 l ! S)F'CB WX I 19.75 I I ! ( ADDMCLM 1 I I I r 1 *CUM 5o0 'AV I ! 100200-5007t'.M y i y.poU ti em it 1257 1 'I BID D ASPHALT-ROAD NIATERIAL.S I JAGOE i OFFN DA 5-23-91 E I I 0 I M4 DFSCRIPTTCN I VENDOR I I I 1 i AC10 LIQUID ASPHALT I I r I A)FO3 DFIIPON(TTiUGTC LOAD) I N/B atTTBIT G I B)FOB PLANE I N/B I I I I 2 I ASPHALT DV SION MS-2 I F, I A)FC8 DWON(MM LARD) I N/B I # I B)Fm PLAT I N/B I 3 1 AMO! T r"T-SION MHFRS I I I A)FCB fF M(Tfd= LOAD) I N/A f I B )Fm PL.ANP I NA I 4 I ASPHALT ECN NK2 I f A)FM DMVN(TR1a LOAD) I .90 GAL I B)FOB PLANT N/D 1 5 I TMaMON ASPMTIC PRIME I I A)FOH DF W(T= T.GAD) I N/B I B)Fm PLANE { NIS I I I ~ 6 1 PB-4 PREDATED AGOREGATE I f CRUM S!C?!E FOB DENIC)N { N/B I I i I ~ c` 7 I M-5 PROXATED A(bFr= I I { CZrM MW FM DENLCSN I NIB ! 1 8 I TYPE D OR A HOT NCO( HOT { I I LAY ASPHATIC CONCRETE I 21.90 E I { 9 I TYPE D OR A HOT MI% HOf I I I LAST AST M77C CONCRETE I I FLcwn I 21.10 I 10 I TYPE D OR A Wr NIX Wr I LAY A9PHAT.TTC O,NORETE I 19.50 11 I TYPE D OR TYPE A Wr NLD(I I LAY ASPHALTIC CCNCAFS 1 I DFLTVE M { 25.50 I I I 12 1 TYPE FP wr m COLD LAx € I I ASNALTIC Ca4CME((= MI A)FCB DR= I NIB f ! B)Fm PL W I NIS I I Ai71JP11LtM I YES I I I I I ~I I ~I r i S.. tt DATE; June 25, 1991 ~,iTY_COUI~CII~_B~POgT TOi Mayor and Members of tha City Council FROM, Lloyd V. Harrell, city Manager SUBJECT; BID #1257 - ASPHALT EMULSION ROAD MATERIALS F44)~NBA14~; We recommend this bid be awarded to the low bidders as follows; ~3:gM i. AC10 LIQUID ASPHALT SOUTHERN ASPHALT .3753 GAL 2. CRS-2 ASPHALT EMULSION KOCII MATERIALS .637 GAL r 3, HFRS ASPHALT EMULSION ELF ASPHALT .61455 GAL 4. MS2 ASPHALT EMULSION MCS PETROLEUM .59 GAL 5. 31OSDH ASPHALT PRIME ELF ASPHALT 7155 pAL 6. PB11 PRECOATED STONE VULCAN MATERIALS 18.29 TON j 7. PB5 PRECOATED STONE VULCAN MATERIALS 18.29 TON 4 , 8. TYPE D OR A HOT MIX t SURMOUNT 21.80 TON ! 1 2 Y D € 9. TYPE D OR A HOT MIX FLOWBOY SUNMOUNT 20.70 TON 1 f 10, TYPE D OR A HOT MIX PICKED UP JAOOE PUBLIC 19.50 TON 11. TYPE D OR A HOT MIX JAOOE PUBLIC 25.50 TON DELIVERED i 12. TYPE FF COLD LAY 72.50 TON DELIVERED SUNMOUNT PICKED UP VULCAN MATERIALS 18.00 TON This bid is for asphalt emulsion materials and preooated aggregate for use by the street department all items were awarded to low bid with the exception of items 10 and 11. Item 10 which is Hot Mix- Hot Lay picked up from s the vendors plant. Sunmount Corp. had a lower price but when taken into consideration the distance our truoks would be traveling to pick this material up} the cost would be more an that bid by Ja6oe Public, who is a local vendor. 4 em i On Item 11 Sunmount qualified their bid by taking exception to the amount of Hot Lay delivered and installed making Jagoe Publio the next low acceptable bidder. 1@6i~S~R~I!]1)Zt Tabulation sheet, Memorandum-Jerry Clark on June 10, 1991• ggS2S1~JAM5._LIaEAgTtSE13T~Q13_~g~lZE~~6J`FE~TEIZ; Street Department. s I r L k1 CITY COUNCIL REPORT JUNE 25$ 1991 PAGE 2 OF 2 y , s y FjLgAL_ MEAf,Ts Budgeted funds for Street Maintenanoe Materials for 1991-1992. { Raspaot ally ?submt itled_ - loy VrCity Manager j Prepared bys i rk-) lo Names Donis; Harpool Titles Senior Buyer Approved: Names Tom D, Shaw, C,P.M. Titles Purohaoing Agent DH/jh 165.DOC t i i 5 G: 1 i ) I I ) I 1 { 1 bIn r 1251 elD D AF11A1 T-e7AD tMTFALY 9 ; VUICAH 1 JAOrE 1 A31 W T ; ASIULT I A94VLT I OOI F11FN AM i ` T I s OW. i 1o0a) am M DFFN DA 543-91 I I I I I I- h I I i I rT1at nFartnrnw I vmm I~yFT * ~I va" I YF]" 1 VM)M YMM IV" V" mtw I ~1 I I I ~ 1 I I I I I I I 1 I ACID laww AMA-T I ) I Wpm 8 FDFTtWJF' /B NH(rRlaC (M) l H/ B NA I HAM 1 H/H I .37tT I NIB 1 WD 1 51 1 Hots 2! ASR{A1 T 11"BlCN lc(6-2 I 1 1 1 I I 1 (Trogc EM) I ttro I NM ) .60 I HAS I Hm I 0 ~ Furs 1 10 ,600 1 9)~ RA ) 1 1 1 1 1 I I I I I I ' 3 1 AMUCT tMMCN F1M I 1 B) H/E I K e I we I ~ FOixrsrs I dD) I WE I w$ I~ I~ I~ I filb I WD KID 1 .637 I I I 4 I AMMT PRIMCH PIT I I I AM llFTJICN(Tgn LM) 1 015 1' 1 I t g I HAa I va I I .9.1 1 KtB 1 .637 I 1 E)rm RAW 00 1 1 .60 Kfo 5(: 0 I 1 1 5 1 A W ~t( AGMQLM LW I Hm I K i .76155 1 was I wee I Hie I 1 1W I wa i ,737 b)Ftb FTAHP 1 6 I MA MB0 stR'DENInFl1 18129 I rue I H,E 1 mm I~ I~ I~ 1 k/D 1~ I H~ M"fv FM I I I 7 Fb•5 pi¢iATW A7mN7m I I i I I CKUlFD MM "MMI 16.29 1 ri>j 1 H/b I H/B I wo I I I 1 1 I 1 ,I 8 I TYPE D oe A NDr tax Ilor ! I I I LAY A"TIC OOtA 110 1 HAf 1 21.90 1 N/8 I 23.W I H,E 1 wa 1 NM 1 KID 21.80 j HAS ; ' 1 ) 1 I 9 1 TYPE D OR A wr Fa wr I 1 I I I I ( 1 ! tAY I I 1 tt/9 1 WTtCa]ICNStG 2YO I 11M 1 22,30 1 His 1 21.00 1 H/e !Ne 20.70 I I I I I I 1 101 TYM D M A M W iar I I I 19.00 I N E I 19.50 I mm I NB I' tA.00 I NM i tAT MF W6TIC ootlo Sie 1 23,71 1 19.50 1 ,rtI 1 1 I I 1 1 1 1 I it I TYPE D op nT% A HDT FtA(I t I 1 Lo MIXTIC (xl;♦rPBTR 1 1 I I I I rrrb I 1 1 600 1 1 Da IvF I HAt I 25.50 I HrtI I 31.65 { 12 1 TT4fI F4 FIJr FO OU tAY I I 1 1 1 f I I 1 ! 1 9 I kmwmo Mums(ou HI I ! I A)F+D3 UM I 21.01 I H/e I N/e I H/e I 1VE 1 23.50 1 tug I WIN I ?2.50 1 0 1 1 e)F% "An I 16.00 1 WE I M/B I HIE 1 HJN I 19.07 1 tuE 1 )tn 1 ro.n i ~ YB9 I YET I I 1 ~ ~ I I ADM" I Ys 1 YES I tntl 1 TI+~e F4.u~ I I I ~ I I 1 1~ I 1 I I I 120 TCFI FDN 1 ! I 30 *11A 1 k1l. Iml I I 1 - _w l _ r l CITY of DENTCN, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 / TELEPHONE (817) 5668200 MEMORANDUM DATE: June 10, 1991 j+ TO: Tom Shaw, Purchasing Agent PROMt Jerry Clark, Director of Engineering & Transportation s' SUBJECTt aid 1257 - Asphalt Road Materials ii The Engineering and Transportation Department has reviewed the bids received. E Several bidders are low sc each item will be covered. 4 Item 1 ACID Southern Asphalt Meets requirement Meets requirements s Item 2 CRS2 Koch Item 3 HPRfi Elf Asphalt meets requirements spocifioations I Item 4 M82 Mr.5 Petroleum mWe had eetingrStatet&dAsthat phaltoInstitutea of for, the material if k F; Item 5 3106DH Elf Asphalt Meets requirements , items Stem 7 PS-4, PB`S Vulcan meets requirements , Item 8 & Item 9 Type A or Type D Asphalt sunmount's delivered price is cheaper and product has proven quality on several City jobs. Item 10 Typp A or Type D Asphalt Sunmount is low bid yet in many instances it may ba cheaper or the time factor would rosult in use F of Jagoe Public Co. item 11 Type A Or Type D Asphalt Installed on job site (Denton city limits approx.). Sunmount is an acceptable low bidder for a#; over 500 tons. Jagoe Public for 0-500 tons. 3J Item 12 Cold Mix Our intent is to eventually phone this product out but Sunmount is low on one quantity and Vulcan on larger quantities. I would not see the need for the larger quantities. The bids received eeoarer`asonablcabnd most of the suppliers are regular, acceptable bidders. award, { Call if questions arise. #ni c ark.E. e & Transportation Director :fit ~s .3 26511-3/3689 U/',-'• NO, AND CHP' pRO)VIDING cc)MPETITIVE BIDS PROVIDINGAN FOR C WORKS OR UV ROVIDING f"OR FOR J AN ORDINANCE ACCEPTIN' AWARD OF CONTRACTS UBL, T11EltEFOR, AND THE EXPENDITURE OF -FljNDS tabulated EFFECTIVE DATE, received and or City has solicited of public warlca avid ~on F WHEREAS the , bids for the construct o L competitive f state law improvements in accordance with the procedures. City ordinances; and la ee has a designated bipds yare the + City Manager or WHEREAS, the mended Chat the Herein desczi the public works received and recom for the construction of bid proposals lowest responsible bide the bid invitation, THEREFORE) escribed IT NOW, or improvements oifications therefore; and plans and spe THE COUNCIL OF THE CITY OF flENTON HEREBY ORDAINS: the bids far lowing competitive SECTION I, That the fol a6 d,Aacribed in the g eels or plans and s2~c'ificatiar~s ! construct on n public Wpropo r improvement s o Agent filed according g "Bid Invitations , s Purchasing accepted and Zile in the Office of the City are hereby y to ChE7 bid number assigned hereto, AMOUNT, the lowest responsible bides - approved as being CONTRACTOR BIDER G go 11 royal of the above fence and app the City SECTION IZ. That the accep ublic SE t ye s shall not henbdcfor constructioneo£esunuch Cil such contrct ~tindpthe person submitting C roved, a specified In she Notice works or impaom 1ynw3thealI qiceuireptmedent and app person shall p a y 0. approval o f the above: fence and the o fie.•c That by the accep the City accepts race to SECTION II' the submitted bids, such items and vi in Gems of the bids for or servces numbers , supplies of the Persons submitting equipment Standards quantities Hid t purchase the matr.ials9 specifications, cified soma contained in the Bid Invitations, accordance with thhe terms, for the S pe lated documents- and persona submitting Proposals, and re ld the City and result of the of the submitted bids wish to 'That shou SECTION III. red items and r K appruve an accep written agreement as a the City Manager execute a faxmaland awarding of the bids, to enter into a royal, hereby author'lxed accepteanaes PP ative is provided that attached hereto, conditions, C represent be natcd in accordance with the Germs, contained the written conCract which shall ciiied sums roved and act Is the written contsrtandards, quantities and ape specifications, sal and related bid documents herein app s in thted id Propo proyal That o f the above hereby Council ; i accep acceptance and aCity au11t and in of I~. th eY the submitted bids the a written ` mberi ems ° diture o f funds there ioUrin t to nu bids or p authorizes twithxpthe approved accordance ursuant thereto as authorized herein' effective contract made P ,~rdinanae shall becosne SECTION V. That Gh es and approval. y upon its paesag 1991. imme ate ,day of PASSED AI4D APPLtUVED this BH &STLIM.BEARY ► MA'YOR 1 1 ATTEST ME~l ~ APPROVED AS TO LEGAL FOM 1 y ATTORNEY 1 DEBRA ADAMI DRAYOVITC4l, CIT 1 t, PAGE TWO i - - _ - - . T b DATE: June 25, 1991 czrY_~~~t~~&L_35Eo81 ti f e Td: Mayor and Members of the City Council t` FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 81249 - CARROLL BLVD TURN LANE ' NUMjdMA110: We rsoommend this bid be Awarded to the low bidder, Floyd Olenn Smith in the amount of $121687,00, UJIMA$Y: This bid i.s for labor, material9 and supplAes to T oonstruot right turn lanes at the intersootion of Hwy 380 y and Carroll Blvd, V t_ Floyd Smith bid was the lowest of three bidders for this proieot. ps Tabulation sheet, Memorandum David Salmon dated bA4J9 6t,8.Q.Up June 13, 1991, E~S2SiBAM ~__2 PARTM~NT_ ._S2$__99431P ---AEUMP: Engineering Department and oitizens utilizing the affeoted intersection. E.U. AL-T1JEAG.Is Funds for this pro,jeot will oome from Traffic Management Orant funds for Traffio improvements acct r 8231-020-012C-0001-9105. Respec:~ ally subm tied: Lloyd V Harrell City Manager Prepared by: 1 Name:__ -Denise Ila p of Title: Senior Buyer Ap roved: Names Tom D. Shaw Titlei Purohasing Agent DH/ jh i 164.DOC y i t BID # 1249 I I I f f I I i f I BID NA14E CARROLL BLVD. TURN LANE I FLOYD GLENV 1 MANNING INC. ICALVERT CONST. I I SMITH I I INC. I I OPEN DATE MAY 20 1991 I I ! I I I I I A f QTY I ITEM DESCRIPTION I VENDOR ( VENDOR I VENDOR I ~ I I ~I 1 I I 1 I I TOTAL I $120687.000 1 $13001.000 1 $19,213.000 I I I I 2 1 I BID BOND I YES I YES I YES I E I I I I !i I I f I I I ' I I I 1 I I I f I I ]J I I i i l k i i 4 I i E L 7 1 !?sRi ts[j J l i y J t A TEXAS 76201 / TELEPHONE (877) 566.8200 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, t MEMORANDUM f DATE. June 13, 1991 Tom Shaw, Purchasing Agent T0: David Salmon$ Civil Engineer FROM, i SUBJECT: Carroll Boulevard and University Drive Turn Lane 91* Bids were receivthe above ed on arbidcofo$12a687.00. As this low bidder was Floyd Smith. appears to be an acceptable bid, the Sngineering Division recommends that it be accepted. This item should be placed on the June 25th City Council agenda. j- i ~ Dam a mon 0989E i ~t 2516L»7/1559 N0. _ ORDINANCE PROVIDING FOR TAE EXPETNDITSUPEPLIES UNOR FSERVI ESENIN r AN ORDIN OF MATERIALS, EQUIPMEN , LAW EXEMPTING SUCH pURCHASES THE PROVISIONS OF STATE AND PROVIDING FOR ACCORDANCE WITH PURCHASES FEtOMQUIREMENTS OF COMPETITIVE BIDS; AN EFFECTIVE DATE. require that certain state law and ordina.neea went by the City in an ` WHEREAS, uirin an expenditure or p Y excePt in the ids contracts req 10,000 be by competitivenecesbs , to act at on amount exceeding lamity where it becomes ublic CA .0 relieve the necessity of the citizens, or a to ` case of p to appropriate money ity, or it is itynecessary, to Pro rt ` Pe Y of the c machinery or equipment; protect pretheserve publ the ic health of the roperCy s o f the c, or in case e to public p ! t' of un foreseen damag NOW, THEREFORE, ON HEREBY ORDAINS, COUNCIL OF THE CITY OF DuNTCouncil hereby determines that there SECTION I. That the City to act at once Co is a Pu c calamity that makes it neceaso f the citizens, H appropriate money to relieve the necesaityrotect the public health preserve the pro prov rtyy of the city, reason thereof, of the citizens o Che c,Lty, or to ide for unforseen damage to ui ment, and by equipmenC public property, machinery or eq P materials, the following emergency purchases of as described in the "purchase Orderst' sulies or aCtachad hereto) areehereby approved; 4 PURCHASE AMOUNT VENDOR ORDER NUMU.y - `...rte---•--~--w such emergency, the City Manager SECTION 11, That: because of authorized to purchase the or ess•gnaCe emploYeB is hereby qi ent, supplies or services therefore in the materials, eghase orders and to make payment attached Purc such er,ergettcy Purchases being such amounts therein statvd,oviai such f state of l cawompeexemptitive ting bids. • accordance with the provisions purchases by the City from the requl 1 ~-T--- S; 1 , .t F~ K ns csq tiand approval. shall become effective SECTION III T}z8e~iage imme ate y upon Its p PASSED AND Al?PROVED this the day of 1991 BOB CASTLEBE"Yr MAYOR ATTEST; ,"Z I JENNIFER WALTERs APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITC};, CITY ATTORNEY i 1 gj; 'I 4 PAGE TWO t~if E 1;E14?drib a cs;q!m~1 a DATE; JUNE 25, 1991 T0: Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager SUBJECTi PURCHASE ORDER #13892 TO DBS ESCHER WYSS (MONTREAL QUEBEC) g1i~QfffS~IPflTL4Nt We reo0mmend pursobeeapproved? to DBS =i Esaher Wyss in the amount of $750000.00 *jMtSfl,6Yr This purchase order is for the emergency re±+airs to equipment at the Lewisville Lake Hydroelectric Pr')jeot due to flood damages. i Repair services are also single souvoe and available only ' from the original manufaoture to protect warranty and performance quantities- The The amount of the purchase order is an estimate only and will be rovised after on-site visits are made by DBS personnel. 1 is Insurance carried by Martin K. Eby, general contractor for Jj• the hydroelectric project, should oover these expenses and reimburse the City of Denton. ~fl4K!ls~!lt~1Zr Purchase Order 013892, Memorandum date June 6, 1991 from Ernie B. Tulles to R.E. Nelson, Letter from Eby date June 51 1991 and letter from DBS Esoher - Wyss Inc. dated June 6, 1991. ~,Pfl~?b~~T_QB__SiS4S~P~_@~E,~,STEpt Electric Utilityt EM~a_L~ Lewisville Lake Hydraeleotrio Projects and Martin Inc, $ ElNAL._~IMpAalI Funds for this purchase order will aoooune nborrowed" from Electric Utility Operating Martin ac unt number #610-080-0251-8339 and reimbursed by Construction Co,, Insurance carrier. k 1 t f i G Z )i CITY COUNCIL REPORT JUNE 25, 1991 PACE 2 OF 2 E! ResPeo ully, submitted -a - Lloyd Y, Harrell City Manager 1 t E A rovedi o Names- Tom D. Shaw, C.P.M. E Title: Purohasing Agent TS/3h i 166. DOC P ' j i i 4 i I 1. t4tt;tsdq ' ~ Nran:tu~ VIA td A01-BTEXASSTREET PURCHASE ORDER DENTON, TX 76201 P. 0. NUMBER DATE/VENDOR NO. DOCUMENT TYP. 13892 06/07/91 550 DOM48000: VENDOR SHIP TO: DBS ESCHER WYSS DIVISION SULZER CANADA 555 RUE NOLTRE-DAME ST* ' LACHINE(MONTREAL)CANADA HSS26L i rEM ' ACCOUNTNUMBER UNITBNUMBER DESCRIPTION BID NO. UNEAMOUN' - 01, t 610 080'0251 JL12 8339 040& EmeRGeNCY VOR PLO00 REPAIR'TO 75#000.0 02 610 080 0251•:JL12 83:19 :'SWITCHGEARr HYDRAULIC PUM91NG 03 610 000i025L •,JL12 8339 UNIT• 6 GENCIRATOA ATLEIIISVILLE 04 610 080 0251 JL12 8339 HYDROELECTRIC PROJECT 4 TOTAL. FOR. P*Oa 75+00400 u Clty_of QentonjT~xae Ir t~mp1-Howe 8111 No. ~0. 1.,,,,, , 1ftrsna all BfL, Shipments std invoices, . e P0. Number on el . nlpmonb ere P.O, R. 113ty of Denton, ore indicated.': By - lend lnvoloetTOt InquItIss City of Denton, Accounts Payable I John J. Dtr Merahell, 0. P. M. . PP. M. Purchasing S - i haalnq Agent , 70201 Tom D. Shaw, 4, P. M, Asat. Purchasing Agent 2t4 a iodinate 8t,, Qr TX ' 817180-8311 DIFW M040 207-0042 {o( as indicated on Purcon,hatt Order), ' ' • - ThtClty of Denton la an sque l opportunity employer 1 t a4. W f MARTIN K. BBY CONSTRUGrION CO., INC. ,frAUAWAaMW 5M7 GIMINAL CONTRACTORS 1600 BROWN TRAIL 4 P.O, BOX 82W BEDFORD, TExAs 7s182.65'!7 (811) 288.0814 FAX (817) 286401 rinse ADORM 0401r ra TMC COWANr June 6, 1991 AFTWION 01 THE WAITO Mr. Joe Cheri, P.E. City of Denton 'F 901-8 Taxes Street Denton, Texas 76021 is REFERENCE: Ray Roberts and Lewisville Hydroelectric Projects Flood Damage at Lewisville Bite 3 M.K. Eby Job No. 1626-60 ~ Qentleawl: I Tpri claims specialist for M,.K. Eby insurance carrier, Mr. R.J. i Kubiak, and his technical adviser from Haag Engineering Co. were an site earlier today to view the effect of flood damage to the powerhouse } interior equipment and material. Following their inspection, a discussion was hold that included suggestions on how to expedite examination of the generator, eteatrioal equipment, and other items affected by the flood. Mr: Jansen, 068, indicated that they needed authorization to bring appropriate personnel to the site to advise on further action, it was our understanding that they preferred the { authorization to come from the City of Denton, In c►rrier to maintain existing contractual relationships and responsibilities, it appears to be appropriate for M.K. Eby to function in accordance with the terms of their contract with the City of Denton r and continue measures to caeplete all work, and in partioular, reduce schedule effects from the flood. At this time, M.K. Rby is in complete agr"ment with measures necessary to authorize vendor inspection of 4 damaged owner furnished equipment as quickly as possible Please contaot us H you have any questions. 7 Very truly yours, MAR K. EBY CO R I0N CO.t INC. A.a '7l~e er...,.. Project Manager AGR/ml b #A 40006"If _ rrYY r .4'ANIr'1 P6y 1. SlClr)17 it `I CIlY&DENTONMUNICIPAL UTILITIES/ 90i-A Texas Street/ Denton,TX76201 MEMORANDUM TO: R. E. Nelson, Executive Director of Utilities FROM: E. B. Tullos, Director of Electric Utilities DATE: June 6, 1991 t SUBJ: EMERGENCY REPAIR TO EQUIPMENT AT LEWISVILLE r HYDROELECTRIC PROJECT DUE TO FLOOD CONDITION On June 2, 19910 the Lewisville Hydroelectric project received a 3 1/2" rain that flooded the powerhouse through its tailrace. The major equipment damaged was the hydraulic/lubricating pumping unit used for the control of the wicket gates, generator, switchgear and some control boxes. The hydraulic unit was designed by Sulzer-Escher Wyss (Montreal, Quebec). The generator } was designed by Electric Machinery in Minncapclis, Minnesota. The switohgear was designed by Paces Industries, Inc. in Mt. Vernon, Ohio. The City has separate contracts with DBS, Escher-Wyss and EBY. There is no contractual agreement 'between EBY and DBS. f' Due to contract obligations, and to expoditre the construction schedule, Denton is recommending to proceed with the measures to authorize vendor insiieetion of damaged owner-furnished equipment as soon as possible. '.1nder these circumstances, the City shall obtain the full warranty and make sure the equipment shall bo j restored to its original conditionim. j EBY is in full agreement to compensate the City for the total ;Ail expenses. EBT:tn I 06061185 cc: Tom E+haw, purchasing Agent Joe Cherri, P.E., Electric Engineering ; , 1 Ila / r t 1 DNA ESCHER WYSS INC - 665. MID Notre°02ma, Lacnille IM0nIr6w9, Canada H89 281 TIL; i51a) 466.21611 11tax; 05.622863 T4lisotXr (514) 534.6844 1110 June 6, 1991 Denton Municipiil Utilities VIA TELECOPIER (817.383.7334) 215 E. MoKineq street Denton, Texa+i USA 76201 Attention: Mr. J. Ctterri Subjecu a E P1tOJEC1' 1 Lkwr W. Mom, he teleWhone convomtion of June 3, 1991 between Your rnu Tµllw to t sub n wittotf DIS9 '?.safloc Wyss io rrtill awalfis+~ Mr. regarding repair of equipment damaged in the flood of June 21, t 1991, It was would ur understanding that after your meeting with the Insursace Adjus Y , getting in touch with u& i of Denton to D13S Escher Wyss trust receive a Purchase payment xa the City proceed with the repair The Sies and Trantpor"M Supplier's invoice Pius 150%) for administration and overhead generator will fall into this (04 Electric Machinery's invoice for repair of , - ~ c,~tegory), Ratra far DES Beer Wyss Staff 1 cteeting and Drafttog: $ 80.00 per hour Contract AAdMi0istratiou: $ 100,00 per hour s 108,00 per hour Field Servicca: s is ra r i. t ?43Hi14 Wyss CNO. .2- irin week 'rho above rates are its U.S. funds and are for regular tuna and a half. Work (S hour/day). Overtime during week days shall be paid at during week-ends and bolidaye shall be paid at double time. 'I he above rates do not include travet and living expenses, which shall be billed at met plus 15%. 't'erms of payment-, net 15 days. ' DBS Fischer Wyss peraonnal in coordlnating the 1'leaso cote that time sport by Mcpediting supplier and keeping Insurance repair, evaluating suppliers raparo, Adjustor and City of Denton informed as -to the status of the repair shall be urged to the Repair Purchase Order. D gschar Wyss staff will record all time spend and we would be prepared to submit time sheets on a weakly bash for your information. from the flood and the earlier I purtbormore, an account, of the delay resulting don for the delay in star-up of coasMxIj. DBS Etcher WY$s must get co~mponsa extension in ararr rq- If you need ituthar iufortr>stiod, Ploaso do not hesitate to get in touch with us. i a Sincerely, D&S ESCMA WYSS INC. ( 2. Hwttey, ~ Manager - Nuclear & Spacial PtvJtats c.a. tvL, Gesorgecu Ns EW~j 13. Jones K Pomeroy (DBS V-W) K 7.13/tn.+ i r ,wt. , tl j i ?y EBY MARTIN K. EBY CONSTRUCTION CO., INC. EXCELLENCE SINCE I"I GENERAL CONTRACTORS 1500 BROWN TRAIL P, 0. BOX 821937 BEDFORD, TEXAS 78182.0337 1817) 266.0514 FAX (817} 245.0305 WASP ADOUSS REPLY FO WE COMPANY ATIMPON of me wLIrEE June 14, 1991 rR~ s Mr, R.E. Nelson E { City of Denton 901-6 Texas Street t' Denton, Texas 76201 F> r. RE; Lewisville Hydroelectric Site Flood Damage Cost M.K. Eby Job No. 1826-61 r Dear Mr. Nelson: For your information and to supplement General Conditions paragraph l G029.6 and Special Conditions paragraph 130.17 we propose the following; 1, M.K. Eby Construction will pay the City of Denton all costs 1 associated with flood damage to owner furnished equipmant as a result of flooding in the powerhouse structure due to rain storm occurring on June 2, 1991 P. M. Copies of invoices and bills supporting City of Denton costs will be forwarded to the 111 project office site - attention of Brett Myers, Superintendent, k 2. All rights and obligations that arise under Contract 71.0000, Lewisville Hydroelectric, dated June 13, 1990 shall remain in full force and effect and shall not be altered or changed in any respect as a result of the undertaking provided in one (i) above. Very truly yours, M N K. EBY CONSTRUCTION CO., INC j i 09 Li deman f Vice President/Area Manager AGR/JL/m1b I e ! s r ~f I i An [grel OpperNEiry EnrpleWL i 1 Rai y~Yi: E'!4•Tlf6;Y ±1 r 2yyy~Y1 c, June 25, 1991 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL City Manager FROM: Lloyd V. Harrell, SUBJECTS CONSIDER AN ORDINANCE OF THE CITY OF DENTON, N TEXAS, AMENDING THE SCHEDULE OF ELECTRIC RATES BY ADOPTING AN AMENDED SCHEDULE TS (THERMAL STORAGE INCENTIVE RATE); AND PROVIDING FOR AN EFFECTIVE t DATE. t: RECOMMENDATION: of May 15, The PubYecomSnendsieto8othe? CityheCouncilinrevising the 1991, Thermal Storage (TS) rate rto 89 ntheecustomer fromrthe to increase incentive Payments to $250/kw of current level of w of storage shi.fted off-peak and S storage for the first irst 500 kw' $125/kw for any additional kw shifted. t; SUMMARY/BACKGROUND: efforts to The Electric Utility is involved Annual load factor is yE a improve ratio of the total system load energy £ oduced (kilowatt-hours) over the peak deemand times Or, s demand stated another Dray, Improving the system maximum possible energy sales. all of its load factor benefit9 the utility and and and resources customers by using utility acilities Among the various technologies more efficiently. UStOMerso available for commercial and inodrustria storage thermal energy storage (TES), becoming increasingly attractive to both utilities and customers. This technology allows for the deferral of k peal period cooling loads to off-peak hours, thereby I providing for both peak bnthcof °whieh improve System (off-peak energy sales)r load factor. Thermal storage systems are more expensive to design ` t and install than conventional air-conditioning systems. i Many utilities offer incentive payments to customers who install TES to help off-set these higher initial utilities even help fund feasibility tests. Some studies for customers. i G 1 Page 2 Denton--currently has, among its electric rates, a entive (schedule TS: Exhibien#l Thermal Storage Inc of Staff feels that the current incentive palm the w f storage TES market, stnoocustomersewith this timer Denton a ha TES at least two customers are TES systemeXplaHowev this option. By increasing the presently to $250/kw of storage we make this incentive.. payment a option more attractive to the customer. the incentive offered by TU We would also be matching Eleotrice the large investor-owned utility direce s out south. A comparison of TEuding811TUVeepectric, is several other utilities, provided in Exhibit R2• ;i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: t. Customer Servio8, City Council, Public Utilities Board, Legal Department, Utility Customers, FISCAL IMPACTS Unknown at this time. Current budget and proposed customer budget for next year each containaludes00theorAppliance incentive programs, whicl, and nd$34,000s was Rebate Program for hiy, approximately heat PUMPS. Last year, rebated to eustomersB~~Tmoregthanrforothehsam eperiod r have rebated $130640, last year. f Respectf lly submitted, Crre11, ity anager L old Ha `s Prepared/Approved by! I .E. Nels ncu S Department of Util 3 EXHIBITS I. Existing ordinance II, comparison Detail II. proposed ordinance Ill., Minutes of PUB Meeting of 5/15/91 I t rJ 1 IlriflAV'!5y 1 2754L NO. ~z (INDUSTRIAL ELECTRIC EVE PMENT AND i AND AN ORDINANCE AMENDING TS (T (THERMAL E SCHEDULE NEW (OTHER LIGHTING) RATE) RATE SCHEDULES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Schedule of Rates for electrical services as provided for in Chapter 2.5 of the Code of ordinances, are amended to read as follows: ARTICLE I. ~yy ELECTRIC RATE SCHEDULES PAGE 1 1 1 RI Residential Service Rate 3 R2 Residential Service Rate LP Large Primary Commercial 4 industrial 5 a Lighting and Power Service Rates 7 GP General Service Primary g GS General Service Commercial ie/a.sJgo Q yD"!iy• ; 1 G1 Local Government Lighting & Power Service Rate 14 t (City, County, Independent School, District) TR Residential Time of Use Rate y TGP Genera Service Primary Time of Use Rate lg ~bf 24 m~~yu TLP Large Primary Time of Use Rate 21 l LS Street Lighting 28 LO Other Lightingg 28 LT Traffic Lighting (Security Light) 30 32 DD Dusk-to-Dawn Lighting Tl Temporary Service Schedule 32 Field Primary Service 42 AF Interruptible j DL Decorative Lighting 43 IDR Industrial Development Rate 45 TS Thermal Storage Rate 47 UPS Uniaterruptible Power Adjustment supply j ECA* Energy rgy Co i EX"IBIL `i i 1.4i l~ SCHEDULE TS ' THERMAL STORAGE INCE_TZ~ P APPLICATION to be on Time-of-Use i' customer who agrees Applicable to any ratOl for five (5) years and who has a ther ma esGeneralf5etvice Time BTU minimum storage capacity of18~+0excep t . The the system demand charge of Use Rate (TGS) ahazlSD~KW of system demand. shall be increased by i THERMAL STORAGE INCENTIVE~yT5 $150/Kw/Storage r payment calif irig a shall be made to q Y p Thermal storage incentive payment ti customers based on the following method: the Director of Electric submitted to a equipment p design The thermal shall 'be shall royal. be storage - g~), Utilitie fozo a p Pectric demand (KW) and output capacity ( for incentive payment to a maximum he t checker area of the The sye,<em shall b~e scarp limited feet for the conditioned 12,000 BTU Pe q ved. a units facility to be ser a the input-output of the thermal storage g st°mer may upon completion, Denton. The cu { the City of 1 will be measured by d verify all information for t an s ulpmentcu aed calculations circulate he aOtu&l Size of periods will not be the facility. Auxiliary q a eni"s. f ` handlers which would °P terate he KW under fozmincantivep Ym inca.uded in calculating 1 1 i PAGE 44 l _ F.aYY(FV<~ 1~1 Viar(G^' F~ t Y. Y !3 Attachment 92 I ITTIf,I'T1' iT.,BATI3 GUIDE TIMPMAL (Cool,) STORAGE UTILITY WTI TF:S INCENTIVI? City of Aastin $300 her kw shifted off-peak Florida Power F, Light $250 per kw shifted off-peak. Utility will also pay up to $5,000 for feasibility study - r half tip front, half after implementation y Tiered incentive, starting at Houston Lighting f Power $350 per tiw shifted, amount gets smaller as instnllatiorn gets bigger. special rate ( also available. f- Los Angeles Dept. of Water F, Power 250 per kw shifted to of I peak, up to 40 percent of installed cost. n Sacramento Kmicipal. Utilities District $250 per kw shifted from surnor peak, plus $100/annual kwh for , 3-5 years. Up to $10,000 on feasibility study. t Texas Utilities Blectric $250 per kw for the first 500 kw shifted; $1.2o per kw for remaining kw. V i Reference: Vnergy User News Vol. 16 No. 41 April 191 1 EXHIBIT • 103/050601034/4 3 *p%hermato,oJune 6, 1991 r ORDINANCF NO- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF ADOPTING AN ILECTRIC RATES BY AND PROVIDING FOR AN SEFFE IVESDATEERMAL STORAGE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSS That the Schedule of Rateo for electrical Barr at~rmrnN I. viceas opted by Ordinance No. 89-122, in amended by amending ► the provision® of Schedule TS (Thermal Storage Incentive Rate), a copy of which in attached hereto and incorporated by reference i herein. SECTION II. That this ordinance :shall became effective E E immediately upon its passage and approval. ( PASSED AND APPROVED this the day of 1991. . _ r P. _ ~ BOB CASTLBERRY, MAY012 i ,ATTEST : JENNIFER WALTERSi CITY SECRETARY BY, I APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY EXHIBIT C 1 f1-1, 41 j SCHEDULE TS I THERMAL STORAGE. INCENTIVE APPLICATIO Applicable to any customer who agrees to be on Time-of-Use rate j for five (5) years and who has a thermai storagoa facility of 4 minimum storage capacity of 840,000 BTU, TINo General Service Time of Use Rate (TGS) shall apply, except that the system demand charge shall be increased by $2.50/KW of system demand, THERMAL STORAGE INCENTIVE PAYMENTS j First 500 Kw shifted $250/Kw to off-peak hours Additional KW sh. ted $125/KW li to off-peak hours t f Thermal storage incentive payments shall be made to qualifying customers based on the following methods A design shall be submitted to the, Dirootot of Electric j utilities for approval. The thermal storage equipment shall be checked for input electric demand (KW) and output capacity (BTU). The system shall be. limited for incentive payment to a maximum oe 12,000 BTU per 500 square feet for the ccnditioned area of the facility to be nerved. Upon completion, the input-output of the thermal storage units will be measured by the City of Denton. The customer may okserve and verify all information and calculations for the actual size of € the facility. Auxiliary equipment used to circulate fluid or air handlers which would operate under normal peak periods will not be included in calculating the KW load for incentive payments. i t { i t i 4 EXCERPT PUBLIC UTILITIES BOARD MINUTES MAY 15, 1991 5 ' 7. COWSIDER INCREASING THERKAL STORAGE INCENTIVE. Nelson reviewed this item advising the Board that the purpose of this rate is to encourage customers to put in chilled water or an iced generation system in the summertime, where the cold water is made during evening hours. The customer then shuts the air conditioning systems down in afternoon and uses the chilled water. The previous rate was $150/KWH; that plus the incentive (TaU) rate would be enough to encourage use of this sytem, Texas Utilities has a rate of $250/KW as an incentive for bring these systems on. Denton is trying to meet the competition. Laney asked what if one of our customers on the incentive program puts in a thermal storage unit. Would they be able to stack rate incentives? Tullos stated no; the time of use (TO[T) rate even with the incentive ins not very attractive because the load factor is poor; Tullos indicated some work will have to be done on the TOU rate.' 1 ¢ Thompson asked if the school district did this, how much money would it cost t)entan? Tullos advised approximately 170 KW/ or $421500. The utility would be limited to how much is Set aside in the budget, The total budget is $150,000; last year, ;34,000 was used for the efficiency air conditioning program. After general discussion, Ridens asked the cost to install the system? Tullos advised about $400/unit and varies according to the approach used. Act,iont Frady made a motion to recommend to the City Council the incentive increase. Second by Laney, All ayes, no nays, motion carried. EXHIBITff i ~ eiwpdoae\woodsaw ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AGREEMENTS FOR JUDGMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND + MELTON H. WOODSON; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: -S.-TION I That the attached Agreements for Judgment between the City of Denton and Melton H. Woodson, providing for the r settle',nent and compromise of the litigation now pending between the parties before the District Court of Denton County, Texas in Cause t No. 88-2847-C and Cause No. 90-50092-367, are approved in aocor- ' dance with their terms. The City Manager is authorized to execute the agreements and all other documents and make the payments and take such action as is necessary to comply with the terms of said f agreement. S :TON Il. That this ordinance shall. become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. f r • BOB CASTLEBERRY, MAYOR y ATTESTS ( JENNIFER WALTERS, CITY SECRETARY, l BY: E 'tPPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BYs OL i E i E i t 1 No. 88•-2847-C MELTON H. WOODSON k IN THE DISTRICT COURT OF k k DENTON COUNTY, TEXAS VS. k CITY. OF DENTON k 367TH JUDICIAL DISTRICT r AGREEMENT F~DR JUDGEMENT if In consideration of the sum of SIXTEEN THOUSAND SEVEN HUNDRED AND FIFTY AND NO1100 ($16,750.01)} DOLLARS, I hereby release the z ~ i t CITY OF DENTON from all claims arising from or connected with an i accidental injury or occupational disease alleged to have been 1 me in the course of my employment, on or about sustained by December 16, 1986. Reference is made to the pleadings in the above r t case and the documents filed with the Industrial Accident Board of the State of Texas for, a more complete description of the injuribs 3 ( and disability claimed by me. i Such amount should be apportioned by the Court between me and } my attorneys and on approval of this agreement by the Court, said employer shall be fully released. It is further agreed that the liability of thG city of Denton is indefinite, uncertain, and is incapable of being satisfactorily established, and that is true with reference to both compensation and medical expenses. I further understand and recognize that I am rn Y rights under the , ~ entitled to a trial by jury to determine Workers Compensation Act of the State of Texas, and such trial might result in my recovery of no money, less money, or more money than the amount for which I have agreed to settle. I further i understand and recognize that in the event my condition should worsen or I should require additional medical care, I can never again under any circumstances come into this Court or any other i i count and claim any money as a result of the above described accident, but that this settlement forever bars auy recovery I rights, actions or causes of action which I may have on account of said accidental injury or occupational disease. In the event Plaintiff requires medical aid, hospital services, nursing, chiropractic services, or medicines in the 1F future as a result of this injury, such services as are authorized under the Worker's Compensation Law of Texas shall be furnished by claimant, MEVPON H. WOODSON, except as provided herein. i' The City of Denton agrees to pay for reasonable and necessary if future hospital and medical expense as provided in Article 8306, t Section 7, and 7b, VATS, rendered by or at the direction of Dr. Danny K. Corbitt of Denton, Texas, during a period of time beginning May 8, 1991 and ending May 8, 1993. t All past medical bills not previously agreed to by the city of > Denton and not paid at the time of or prior to entering into this agreement are the responsibility of and shall be paid by Melton H. { ii Woodson. r¢ Further, it is expressly understood that this agreement fully t and completely releanes any and all claims of bad faith that I may have against the city of Denton, its agents, servants and/or employees. I have read and fully. understand this settlement agreement i which I hereby execute, and request the court to approve. I further understand and express to the court that this agreement may AGREEMENT FOR JUDGMENT Page 2 i i 4 ,Sn1. 1 be filed with the court papers, and considered along with any testimony that I gave when I personally appeared and testified, Court costs shall be paid for by the City of Denton." ° WITNESS MY H+ND this day of i t 1991. Y. I: MELTON H. WOODSON APPROVED: DON SNODGRAS' S f Bar No. 18801400 j MASON & SNODGRASS 8700 N. Stemmons Freeway suite 300 s Dallas, Texas 75247 i (214) 631-0784 i ATTORNEY FOR PLAINTIFF AGREEMENT FOR JUDGMENT - Page 3 { 111.1. _ E~.te j. 1 a THE STATE OF TEXAS F: COUNTY OF BEFORE ME, the undersigned authority in and for said County i and State, an this day personally appeared MELTON H. W00 SO known to me to be the person whose name is subscribed to j:Ite Foregoing i f i instrument, and acknowledged to me that he executed the same for f the purposes and considerations therein expressed. 1 " GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1991. i` NOTARY PUBLIC, State of Texas ~ My commission Expires: k i { it I 1 ] AGREEMENT FOR JUDGMENT - page A 4 f • .i 1.1 M1 ' . f~c`Si1tP.!1 7 1 ' No. 90-50092-367 MELTON H. WOODSON * IN THE DISTRICT COURT OF * VS. * DENTON COUNTY, TEXAS * CITY OF DENTON * 367TH JUDICIAL DISTRICT ;t AGREEMENT FOR JUDGEMENT U In consideration of the sum of SIXTEEN THOUSAND SEVEN HUNDRED AND FIFTY AND N01100 ($16,750.00) DOLLARS, I hereby release the s F C CITY OF DENTON from all claims arising from or connected with the t i accidental injuries or occupational diseases alleged to have been sustained by me in the course of my employment, on or about June 2, 1987 and on or about June 13, 1988, Reference is made to the $ pleadings in the above case and the documents filed with the industrial Accident Board of the State of Texas for a more eomplute description of the injuries and disability claimed by me. f- tr Such amount should be apportioned by the Court between me and my attorneys and on approval of this agreement by the Court, said employer shall be fully released. t It is further agreed that the liability of the City of Denton j a is indefinite, uncertain, and is incapable of being satisfactorily established, and that is true with reference to both compensation and medical expenses. I further understand and recognize that I am entitled to a trial by jury to determine my rights under the Worker's Compensation Act of the State of Texas, and such trial might result in my recovery of no money, less money, or more money I than the amount for which I have agreed to settle. I further 1 understand and recognize that in the event my condition should f worsen or I should require additional medical care, I can never } again under any circumstances come into this Court or any other 7ti court' and claim any money as a result Of the above described i recovery accidents, but that this settlement forever bars any rights, actions or causes of action which I may have on account of said a4cidental injuries or occupational diseases. hospital t in the event Plaintiff requires medical aid, services, nursing, chiropractic services, or medicines in the ult of this injury, such services as are authorized future as a res under the Worker's compensation Law of Texas shall be furnished by MELTON H. WOODSON, except as provided herein. t~ claimant, The City of nenton agrees to pay for reasonable and necessary future hospital and medical expense a provided in Article 8346, s s rendered by or at the direction of Dr. section 7, and 7b, VATS, during a period of time beginning May Xevin Gill of Dallas, Texas, ! 1 r' 8, 1991 and ending May 8, 1993. z. All past medical bills not previously agreed to by the City of i 1 aid at the time of or prior to entering into this E Denton and not p Melton H. agreement are the responsibility of and shall be paid by Woodson. expressly understood that this agreement fully Further, it is y 1 and completely releases any and all claims of bad faith that I may have against the city of Denton, its agents, servants and/or 1 employees. I have read and fully understand this settlement agreement z which I hereby execute, and request the court to approve. further understand and express to the Court that this agreement may AGF2EMENT FOR JUDGMENT -Page 2 j t be filed with the court papers, and considered along with any ! red and testified. testimony that I gave when I personally appea Court costs shall be paid for by the City Of Denton. r E WITNESS MY HAND this day of l 1991. MELT ON WOODSON I APPROVEDt DON SNOT.iGRASS i Bar No. 18801400 MASON S SNODGRASS j 3700 N. Stommons Freeway Suite 300 allast Texas 75247 1 D (214) 631-0784 I ATTORNEY FOR PLAINTIFF f , l r f i i 'f AGREEMENT FOR JUDGMENT r Page 3 ; i i a r; BRA}T64 , i ' THE STATE OF TEXAS COUNTY OF said County BEFORE ME, the undersigned authority in and for WOODSON known appeared ME~IL -L, _ SON on this day personally the foregoing and State, is subscribed to r t' person whose name same for r to me to be the he eXecutEd the f and acknowledged to me that ipstrurnent, expressed. considerations therein day Of the Purposes and A GIVEN [iNflER MY HAND AND SEAL OF OFFYCE this ii 1991. ~I State of Texas NOTARY PUBLIC, i My commission Expire$ 9 ~ t i 4 AGR~ NT FOR JUDGMENT Page y 1 pgdpyJ c i' i CITY ofDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 688.8307 t { - Office of the Cily manager 9 ~ i x ~ M E M 0 R A N D U M I 1 s TO: Mayor and Members of the City Council i n FROM; Rick Svehla, Deputy City Manager 1 DATE: June 20, 1991 SOBJECT: Highway Department Minute Orders i• 1, r Attached please find a copy of a memorandum dated June 6, 1991 which details provisions of the Minute Orders in the proposed r resolution. As soon as all parties have approved the Minute Orders, we can proceed. I£ you have any further questions, I will be happy to try and answer them at your convenience. 1 1 I Ria Sveh a Deputy City Manager Attachment I L7) cirr of uENroNt rEXA$ MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8307 Office of the City Manager M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager 4 DATE, June 6, 1991 01 SUBJECT: Highway Department Minute Orders Attached are copies of the two Minute Orders that we received early this week and that were mentioned to the Council Tuesday evening, The two Minute orders do exactly what the 2499 Task Force had asked to do on both sections of the road. This is Just one more step closer to the final realization of the extension of our loop and the extension of 2499 from Denton r,o DFW. i I The Minute Order to the south will require the app " entities. i have visited with KaStephens, theaMayorfiof i ~I+ Highland Village and Chairman of the 2499 Committee, and she i has advised that she will be working diligently with the iii County, Corinth and Copper Canyon to secure that right-of-way, s This past Monday night Bill Utter, Sr, and Ann Houston, two of our three 2499 Task Force members and myself met with mayor Spellerberg, Ken McDonald - City Administrator, Ken Seals - Community Development Director and Mike Bluett - Council Member and 2499 Task Member of the City of Corinth to review with the Mayor and her staff the pending Minute Order' and the activities of the 2499 'Cask Force. Mayor Spellcrberg seemed I with the involved efforts shef inthe Task dicated thateshedthought the tCorinth would consider both Minute Orders at their June 20th meeting. As we indicated to the Council Tuesday, we will expect to have this on the agenda for the 25th, assuming all of the cities approve the Minute Orders, we would move forward on right-of-way acquisition for the south piece. As indicated in the Minute Order, we, Corinth and the County have agreed to fund the environmental impact statements .-*nd the route studies for the section north of 2101 or Teasley Lane. Feasibility I 7) a I Rick Svehla Minute Orders Page 2 routes have been studied already and the new studies should be relatively easy. You may recall that we had briefed the j Council on such possibilities before we went to the highway P Commission in March. We would sugest that we j with negotiations with Traffic Consu gtants, Inc., thevsamerfirm that helped us get the Minute order, to complete this work. We also had previous discussions with Corinth and the County r about funding possibilities and you may recall that Corinth indicated that they had virtually no funding capacity. They indicated that their main thrust would be to try and help with the financial responsibility by getting people to donate t right-of-way. They have been actively pursuing that and have done fairly well in getting people interested in the project and at least verbally agreeing to participate in right.-of-Way donation. The county has always been a strong backer, I have had some initial discussions with Dennis Burn and would suggest that we continue to discuss these items with the Director of Public Works and Commissioner Lee Walker, who is also a 2499 Task Force Member, to see what funding available with the County. And f.inally.pweswould tlook mfortany other private entities that might want to pursue the studies in ' helping us fund this road P,hrough right-of way donations or contributions. i s Finally, in our discussions with Mike Weaver of Traffic Consultants, inc., we have discussed the possibility of our v Engineering staff playing a major role in providing engineering f data and infoLwation for the study. Mike was very agreeable to 4 that and we would pursue that vigorously so that we could lower ! any study costs that might accrue to the above mentioned entities, as well as the City of Denton. in conclusion, our next stop would be to get acceptance by the Council of these Minute Orders and then move to formulate a contract between Traffic Consultants, Inc, and one or more of the entities after funding arrangements have been worked out. If you or the Council have any further questions, I will be } happy to try and answer them at your convenience. j I , , Rick ve a Deputy city manager RS:eb ! Attachments 5360M E I t 1 0%\xpdocsW499r RESOLUTION NO. A RESOLUTION ACCEPTING MINUTE ORDER NUMBER 91656 ADOPTED BY THE TEXAS HIGHWAY COMMISSION REGARDING IMPROVEMENTS TO FARM TO MARKET ROAD 2499; ACCEPTING MINUTE ORDER NUMBER 91657 ADOPTED BY THE TEXAS THE MARKET ROAD 249gW AND C LOOP S 288~1 AND DECLARING AN EXTENSION EFFECTIVE DATE- f 3" THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION That the City Council hereby accepts the terms and conditions contained in Minute Order Number 91656 adopted by the Texas Highwr,y Commission, a copy of which is attached hereto for extension the of approximately 2499, from Farm toMarket Road 407 north to Farm to Market Road ¢ 2181, 4 GFCmTON II That the City council hereby accepts the terms and I. conditions contained in Minute Order Number 91657 adopted by the F Texas Highway Commission, a copy of which is attached hereto for the extension of farm to Market Road 2499 from Farm to Market Road y 2181 north to the proposed Loop 288, a distance of approximately 1.3 milese and for the to Farm to Market Road 2]81 aidis distance of approximately p4.3emiles. } SFCTTON III. That this resolution shall become effective imme- diately upon its passage and approval. 1~ f PASSED AND APPROVED this the day of 1991. 1 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYi APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY a BY: I. a r ENGINEER-DIRECTOR COMMISSION SPATE DEPARTMENT OF HIGHWAYS ARNOLD W. OLIVER, a.E. AND PUBLIC TRANSPORTATION RAY STOKER, JR., CHAIRMAN Po HON 3057 nALLAS, TEA A57i1]Fi067 ROBERT H, DEOMAN WAYNE S. DUDDLESTEN 131 r may 1991 _ CONTACT: f fig' arE Minute 91656 Highway CunniLSa Denton County i The Honorable Bob Castl.eberrye Mayor r City of Denton 215 East Mcginne4 ; Dentone Texas 75201 Dear Mayor Castleberry: } Minute order dated May 29, Attached is a COPY o •j the above mentioned , < 1991. ' certain Provisions to the County of Denton, the This minute tenders Canym and Highland Village and aim 4 Cities of. Corinth, Denton, COPP State Departmen t of Highways and Public provisional the construction of an extension of n lilt ~ certain twill carrv out c galocn9 Road 407 € Farm to market Road 2499 on new ocatian from Farm ta~Merket 4.8 miles. to market Rnad 21811 a distance of approY 1nrth to Far* iate e order by the appropriate Ljpm acceptance of the Provisions of this Minut Pu V officials, the State Department of gigtLways &-A dic TcaneCxK to with the actions enumerated therein. wiii proceed It is further stipulated in this Minute that it is subjoct to acceptance within ninety (90) days of the date of the Minute. certified ies of the resolution passed by the y please forward two of Minute. i, Denton City Cotstc to th a o ce upon acceptance I } Sincerely f jams M. Huffman, P. E. District Engineer k Attachment i s I An Equal opportunity Employer 1 r~~ T_ -woo k STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DENTON County MINUTE ORDER Page 1_ of 3 Pages District No._ DALLAS (18) F i WHEREAS, in DENTON COUNTY, on new location from Farm to Market Road 407, north to Farm to Market Road 2181, a distance of approximately 4.8 miles, a delegation from the area has requested construction of an extension of FARM TO MARKET ROAD 2499, and t+. WHEREAS, this area of Denton County is one cf the fastest growing areas of the state and existing roadways are experiencing an undesirable level of congestion; and i WHEREAS, this roadway will provice a portion of a vital north- south link in the transportation system b,:tween Denton and the Dallas/Fort Worth Metroplex; and s F WHEREAS, the FM 2499 Task Force has completed feasibility studies and a preliminary draft environmental impact statement at no cost to the State; and WHEREAS, local governments have offered to provide one hundred percent of right of way and utility adjustments; NOW, THEREFORE. IT IS ORDERED that the Engineer-Oirector is hereby directed to tender the following proposal to the County of = Denton, the Cities of Corinth, Denton, Copper Canyon and Highland Village: a Provided the County of Denton, the Cities of Corinth, Denton, Copper Canyon and Highland Village will jointly and severally; 1. Provide one hundred percent of the right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with t applicable Federal and State laws governing the acquisition policies for acquiring real property. { 1 i I , ell (o s` 6 ~ r hlleTf:.P STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DENTON _ County MINUTE ORDER Page 2 of ~3 Pages District No. DALLAS (18) 2. Provide one hundred percent of the cost of all utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. ; II The State Department of Highways and Public Transportation will: J I \ i y, 1. Designate the above referenced limits a Farm to Market Road. f 2. p Provide preliminary engineering through the determination of right of w,.y requirements and right of way acquisition. i 3. Provide relocation assistance as may be determined to be eligible under the Relocation Assistance Program. Upon acceptance. of the provisions of this Order by the County ; of Denton, the Cities of Corinth, Denton, Copper Canyon and Highland Village, IT IS FURTHER ORDERED that the above referenced limits be and are hereby designated a part of the State Highway System as a FARM TO MARKET ROAD; however, any existing county road or city street within E the above referenced 'limits will not be designated or incorporated 1 f therein prior to the award of the construction contract by the State Department of Highways aryl Public Transportation; and j j It 1s understood that the County and/or the Cities will continue to provide maintenance for all county roads and city streets ' within the above referenced limits until construction by the State j. Department of Highways and Public Transportation begins; and i l l i j i 1 STATE PUBLIC TRANSPORTAT10N MINUTE ORDER Page 3 of 3 Pages DENTON County Oistr4ct No. MLLAS AL IT IS FURTIhR s ORDE~eDttotLevelEI9iofethei1988 10YearrPraiect authorized to add p oroceed in the most feasible and economical Development Plan and to p manner with project development to include environmental reports, public meetings and hearings, schematics, and determination of right of { way requirements; and IT 1S FVR~HoERORDERED leathat ranupon ce way and determination eofiright uof~ } involvement , en roceed in requirements, the Engineer-Director is hereby authorized to p i' the most feasible and economical manner with project development to include any necessary agreements and relocation assistance at an estimated cost to the State of $50,000. 1 i This order should not be considered as authorization for z construction funding. Authorization for further development will be considered based on the availability of funds. This Order shall become operative upon acceptance by the County of Denton, the Cities of Corinth, Denton, Copper Canyon and Highland automaticalof cthe anceled hereof, the Village; and if not accepted within action herein contained i Q. f ~ i ~kg i { Examined and recommended by: S-,~bmi tted by Approved Deputy Director tie Executive Assistan Eng Weer-Director Minute Number 91656 Date Passed MAY_29 91 ill .l. 1 J+ V ~l y jA CNGINEER-OIRECTOR STATE DEPARTMENT OF HIGHWAYS ARNOLD W. OLIVER, AE, ChMMISSION AND PUBLIC TRANSPORTATION - %AY STOKER, JR., CHAIRMAN F.D. JIM 3061 ROBERT H. DEDMAN UALAAO, TF 4515111-1061 11141 01A61o0 WAYNE 6. DUDDLESTEN May 311 1991 CONTACT ion Minute 91G57 1li9hway COMisa Denton County The Honorable Bob Castleberry, Mayor City of Denton f. ' 215 Ea1st McKinney TLA=a 76201 ` nentcln r I Dear Mayor CastleberrY1 1 above mentioned minute Order dater] May 29+ Attached is a copy of the j f 1991 Provisions to Denton CountyI the City Of This minute tenders certain + rtain ptwisione the y n, and the City of Corinth and also lists cetion Denton o r of Highways and Public tve o Farm to market P-Omd 2499 State Department will cry o tr4xtin of a oonnECCian tretwewen ram to market Road 21810 reqardiM 35B an new location Eton approximately 1.3 I and interstate Highway e£ proposed State Bighuay Loop 288, a dincanceo P to mukAt r { 1►orth to 4 yew 1.aationo from near Spencer Rom tiles, and an of approximately 4.3 Miles 1 2181r a distance the pppt;opriate Ortation tance of the provisions of this minute Order upon aoceP ►t of. Highways. officials) the State actions emmwTated therein, t will proceed with the this Minute that it is subject to arx* it is firtlwlr stipulated in within ninety (90) days of the date of the Minute, resolution passe t°y 1 two certified lea of the Please facward of s Minute. { Denton City Casn'c 1 to th s o f ce upon accept Sincerely, 4 f James M. Buffamnr P. E. District Engineer E Attachment 4n Equa! Opporla01ty Employer d ii STATE DEPARTMENT OF HIGHWAYS AND PUBLIC, TRANSPORTATION DENTON County MINUTE ORDER Page 1 of 3 Pages District No. DALLAS (18) WHEREAS, in DENTON COUNTY, on new location from Farm to Market Road 2181, north to proposed Sti.te Highway Loop 188, a distance of approximately 1.3 miles, and on new location, from near Spencer Road to Farm to Market Road 2181, a distance of approximately 4.3 miles, a ° delegation from the area has requested construction of a connection between Farm to Market Road 2499 and Interstate highway 35E; and WHEREAS, this area of Denton County is one of the fastest growing areas of the State and existing roadways are experiencing an undesirable level of congestion; and WHEREAS, this roadway will provide a portion of a vital north- south link in the transportation sYstem between Denton and the , Dallas/Fort Worth Metroplex; and WHEREAS, local entities have completed a feasibility study at no cost to the State; and t j WHEREAS, local governments have offered to provide route r studios, environmental reports, and determination of right; of way requirements; i NOW, THEREFORE, IT IS ORDERED that the Engineer-Director is hereby directed to tender the following proposal to Denton Couiity, the I City of Denton, and the City of Corinth: { Provided Denton County, the City of Denton, and the City of Corinth s will jointly and severally: ~ i I I f I Ik i T_ i I I ` STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DENTON County MINUTE ORDER Page 2 of 3 -Pages District No. DALLAS 18 1. Provide route studies, environmental reports, and determination of right of way requirements free of cost to the State, but under the direction of the State Department of Highways and Public Transportation. ' The State Department of Highways and Public Transportation will: 1. Designate the above referenced limits appropriately as a Farm to Market Road or State Highway Loop. 2. Provide oversight of project development activities furnished by others. 3. Provide necessary public meetings, public hearings, and coordination with resource agencies in order to complete } project development through the determination of right of way requirements. Upon acceptance of the provisions of this Order by Denton r County, the City of Denton, and the City of Corinth, IT IS FURTHER i f, ORDERED that the limits on new location from Farm to Market Road 2181 i ► to proposed State Highway Loop 288 be and are hereby designated a part t }j of the State Highway System as a FARM TO MARKET ROAD, and the limits on new location from near Spencer Road to Farm to Market Road 2181 be and are hereby designated a part of the State Highway System as a STATE HIGHWAY LOOP; however, aiy existing county road or city street within ` the above referenced limits will not be designated or incorporated N therein prior to the award of the construction contract by the State Department of Highways and Public Transportation; and g s? y u I S I i k 4 r t f F STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DENTON County MINUTE ORDER Page 3 of 3 Pages District No. DALLAS 18 It is understood that the County and/or the Cities will continue to provide maintenance for all county roads and city streets above within the Department ofHighwayseanddPublic limits Truntil ansportationc State begins; and IT IS FURTHER ORDERED that upon completion of the relocation of State Highway Loop 288, the existing limits of State Highway Loop 288, from near Spencer Road to Interstate Highway 35E, be redesignated on the State Highway System as a STATE HIGHWAY SPUR; and IT IS FURTHER ORDERED that the Engineer-Director is hereby i authorized to add these projects to Level II of the 1988 10-Year Project Development Plan and to proceed in the most feasible and necessary any economical manner with project development to Include an y 2 agreements, environmental reports, public meetings and hearings, schematics, and determination of right of way requirements. t This Order should not be considered as authorization for construction funding. Authorization for further development will be considered based on the availability of funds. (l This Order shall become operative upon acceptance by Denton County, the City of Denton, and the City of Corinth; and if not accepted within 90 days of the date hereof, the action herein contained r ¢ shall be automatically canceled. F i 1 t Submitted by Examined and recommended by: T t e Execut ve ss stant Approved Deputy 0irector ngineer-D rector Minute Number _ 91657 Date Passed MAY 29 91 f i 1 K Ix 4Fl f~ CITY COUNCIL REPORT Mayor and Members of the City Council T0: Lloyd V. Harrell, City Manager FROM: Request for Kiwanis Fourth of July SUBJECT: Streetclosing g~nENDATION: a Frontage Road, from Avenue E to To temporarily close the I-35E from 7: from 7:00 P.M. to 10:00 p.m., for • ~ ~ • Bonnie Brae Street on July q annual Children's Clinic Fireworks Spectacular. the Kiwanis Club's S SA Y 3_ The Denton Kiwanis club has requested that the I-35E Frontage Road show at annual be temporarily closed in other hilhdre~niss Clinic. fi Thorg roup has Foutb Field benefitting vide safety for those in requested that the street be closed to pro attendance. The only abutting property Owners affected by this closure is the University of North Texas. The attached petition bears the is eventative Affairs signature of the Vice sr su port for Administr reprsenting the 'University'p p ight Bird, Resident Engineer, has been appraised of this event street closure. Both the w and has no objection with this temporary street closure. Police Chief and Fire Chief ve also been concerns with this temporary advised of this event and have no safety Please advise if I can provide additional information. 1 RESPECTFULLY. SUBMITTED, i Ll yd V. Harrell City Managex {I Prepared by% Catherine E. Tuck Administrative Assistant s 1 i s s - E g;wpda9\175ER RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E FRONTAGE ROAD, TH AVENUE E TO ITS PROVIDING AN EFFECTIVECDATE WITH BONNIE FROM ITS IJLY 4SE19901 AND WHEREAS, Melvin Willis, representing the road ton KiwanisiClub, section that Interstate 35-E frontage section with Avenue E to its intersection with Bonnie Brae, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 7:00 p.m. to 10:00 p.m. on July 4, 1991, for the purpose of having the Annual Children's Clinic Fireworks Spectacular; and WHEREAS, Melvin Willis, representing the Denton Kiwanis Club, has assured the City council that the Texas Highway Department of the taae road Texias has oNOWt,e THEREFOREy closing of the fron g BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Interstate 35-E frontage road, from its in- tersection with Avenue E to its intersection with Bonnie Brae, a public street in the corporate limits of the City of Denton, Texas, i, Lie temporarily closed to vehicular traffic fhfer from the a hoof urshavingof P.M. to 10:00 p.m. on July 4, 1991, "fireworks spectacular". GECTION II. That the City Manager shall direct the appropri- ate city department staff to work with the University of North Texas Police Department in erecting barricades on interstate 35-E frontage road, from its intersection with Avenue E to its intersec- tion with Bonnie Brae, at 7:00 p.m. and to have the same removed at 10:00 p.m. on said date. 1991. PASSED AND APPROVED this the day of r 's BOB CASTLEBERRY, MAYOR i z ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: s DEBRA A. DRAYOVITCH, CITY ATTORNEY t BY: s e, June 4, 1991 The Honorable Bob Castleberry and Denton City Council Members K Denton, Denton County, Texas t' The Denton Kiwanis Club is currently engaged in planning for ;z the annual children's Clinic Fireworks Spectacular on July 1991. s To aid in public safety and prevent serious injury on the 1 35 frontage road during the fireworks show, we respectfully ask for your assistance in closing the road on the evening of July 4th, 1991 from 7;00 to 10,00 p.m. The specific area affected would involve 1 35 intersection with Avenue E to its intersection with Bonnie Brae. We understand that the ultimate responsibility for the frontage road rests with the State of Texas, and we have contacted Mr. f Dwight Bird, local resident engineer with the Texas Highway Department. In the past, Mr. Bird has requested that we ask the city council to write a letter concurring with our request for this closure. I may be reached at GTE Central, 3827 Morse St., Denton, TX 76201 or by phone at 38149211 (business) and 38308488 (home) if a further inforamtion or assistance is required. Rj We appreciate the city's support of the fireworks show in t, previous years and wish to thank you in advance for your assistance with this matter. Sincerely, ElW' Melvin Willis Chairman, 1991. Fireworks Show cc; Mr. Dwight S, Bird s Resident Engineer 2624 W. Prairie St, a Denton, Texas 76201 . 4 t 4 N j' I , REQUEST FUR STR%ET CLOSURE Organization requesting street closure DENTON KIWANIS E 500 N, BELL AV. DENTON, TEXAS 76101 Contact Person: MEL WILLIS Address; P.O. BOX 520 DENTON, TEXAS 16202 Phone Number: 817 381-9211 Street To Be Closed; 1-35 ACCESS ROAD Date and Time To Be Closed: JULY 4th 7;0U P,M. - 10;00 P.M. Intersecting Streets: I-35 INTERSECTION WITH AVENUE E AND 14 BONNIE BRAE Reason For Closure: JULY 4th CELEBRATION AND FIREWORKS DISPLAY Please complete the botto4 portion of this form. ! residents and/or businesses affected by the street closure sT be contacted and sign below with an indication of being in favor r' or in opposition to the street closure. r NAME AUTHORIZED O BUSINESS I N F V O Os 1. UNIT e FAVOR tl 3. 'i 4 5. I 6. 7. e. 9. 10. 2983C/5 1 a r , a t, , N rl_ Gc. , G tic t llt c 1_-.t . GI L-L of. 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