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UNC OF j Y MIKA t'".41 lo"( I r a h I YA n1 Inf. ~h i 1 L r r 4. r h i CITY COUNCIL AGENDA PACKET KARCN 2, 1943 k I i AGENDA "ONO CITY OF D£NTON CITY COUNCIL AWjgM,_ March 2, 1993 oft .5.,.) /y I Work Session of the City of Denton City Council on Tuesday, Mar~~f el 21 1993 at 5115 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular session. 5115 p.m. I 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider settlement offer in Charline Rodgers claim. 2. Consider action in Debbie 5 Wriuht v City o~ Denton. 3. Receive and consider legal advice pertaining to the requirements of the open Meetings Act. ! 4. Consider claim of Goldfield's. + B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Consider acquisition of an option to purchase land near Foster Road. `-J 2. Consider action in condemnation caseR of city of QgAton Y, Colq Trust No. 1, City of Denton v. John PoEter. at u and =__kj_ Denton v._ Fryman 6 HQINki C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 1. Continue the annual evaluations of the City Manager, the City Attorney and the Municipal Judge. 21 Receive a report and hold a discussion regarding Section 9 Federal Transit Administration financial assistance and give staff direction. 3. Receive a report and hold a discussion regarding the results of the Council's budget priority questionnaire. Regular Meeting of tha City of Denton City Council on Tuesday, March 21 1993 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be consi:eredl r M ~7-9-4AC AgVQ ohm City of Denton City Council Agenda vim{ ~J March 2, 1993 { Page 2 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular Session of February 9, 1993. 3. Public Hearings A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the sign regulations of chapter 33 of the Code of ordinances by adding terms to enhance enforcement of the ordinance in Sections 33-1, 22-121, 33-126, 33-149 and 33-166; by amending definitions in Sections 33-2, 33-3, 33-4 and 33- 91; by amending Section 33-62 regarding flags; by amending Section 33-65 regarding wind device signs; by amending Section 33-95 regarding destruction and repair; by adding a Section 33-9d regarding nonconforming sign permits; by adding a Section 33-127 regarding certificates of occupancy; by amending Section 33-146 regarding manner of measurement, and illustrating sign copy; by amending Section 33-147 regarding abandoned signs and supporting structures; by adding a Section 33- 148 regarding sign face standards; by amending Section 33-181 regarding signs in residential districts; by amending Section 33-182 regarding signs in non- residential districts and particular monument signs; by amending Section 33-183 regarding planned development and special sign districts; by amending Section 33-184 regarding wind devices (banners) and temporary signs in central business districts; by amending Section 33-211 regarding temporary signs; by adding a Section 212 regarding wind devices (banners) and flags; by deleting Section 33-213 regarding replacing or altering nonconforming ground signs; by repealing Article 6 including Sections 33-211 through 33-226 and adopting a new Article 6 and a Section 33-221 regarding illustrations; by amending Section 33-253 regarding sign plans; by consolidating Sections 33-254 and 33-255 regarding creation, review of plane and criteria for sign districts; by amending Section 33-256 regarding conditions imposed upon sign districts. (The Planning and Zoning commission unanimously recommends approval.) B. Hold a public hearing and consider Adoption of an ordinance amending Chapter 35, Zoning, concerning signs in Planned Development Districts. (The Planning and Zoning Commission recommends approval.) M I AOendalterq__ -_,-,r,~ City of Denton City Council Agenda March 2, 1993 7 Page 3 C. Hold a public hearing and consider adoption of an ordinance designating the property at 915 West Oak Street a historic landmark under Article V of the Comprehensive Zoning Ordinance. (The Planning and Zoning Commission and the Historic Landmark Commission recommend approval.) D. Hold a hearing public and consider adtion of ordinance mending the zoning regulations f Chapter 35 of the Code of Ordinances relating to Historic Landmarks preservation and Historic Districts of Section 35-219 from "Exterior Alterations and tC angese Ordinance Maintenance; Appeals" to "E J and xterior Alterations Changes; Minor Exterior Alteration; Ordinary Maintenance; Appeals; Historic Landmarks" and by amending subsection (A) of Section 35-219 entitled "Certificate of Appropriateness" to provide for an application procedure for proposed work in a Historic District to be filed pursuant to an ordinance maintenance procedure, minor exterior alteration procedure, standard procedure, or emergency procedure and setting forth criteria for denials of applications and appeals to the City Council and amendments to Certificates of Appropriateness; and by repealing subsections (B), (C), (D), and (E) of said Section 35-219 relating generally to building permits. (The Historic Landmark Commission recommends approval Planning and Zoning commission recommends approval.) E. Hold a public hearing with regard to the proposed annexation of 3.85 acres located east of I-35 and south of Milam Road. (A-61) F. Hold a public hearing and consider adoption of an o development rdinance amending Article 11, Chapter 34 relating to extraterritorial ajurisdiction to define and requirements two distinct divisions with differing rules, regulations and platting requirements separated by a regulatory line to be periodically reviewed and updates; and providing for injunctive relief for violators thereof. (The Planning and Zoning Commission recommends approval,) 4. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the staff recommendations. Approval of the Consent Agenda authorizes the city Manager or his designee to implement each item in accordance with the Staff recommendations. I i "a No - QaP Agenda Date _~Z~<a_._ . City of Denton City Council Agenda /js<1 March 2, 1993 Page 4 Listed below are bids and purchases orders to be approved for up payment up info information Is attached to the ordinances n (Agenda Detailed back- 5.B, S. C, 5. D). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders 1. Bid 01472 - Rubber Track Backhoes/Excavators with trailers 2. P.O. 032875 - Denton Motors Inc. 3. Bid 01465 - Alexander Street Drainage Phase II 4. Bid ,1449 - Fleet Vehicle B. Plats and Replats 1. Consider the preliminary plat of Lot 1, Block 1, Lone Star Par 3 Addition. The 35.864 acre site is located approximately 384 feet east of the MK&T railroad right-of-way, and is situated between Loop 288 and Spencer Road. (The Planning and Zoning Commission recommends approval.) C. Tax Refunds 1. Consider approval of a tax refund to Denton County Title Co./Donald E. Hanna in the amount of $804.9u. 2. Consider approval of a tax refund to Source One Mortgage/Bruce J. West in the amount of $1,170.74. 5. ordinances A. Consider adoption of an ordinance accepting a competitive ' sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid /'1472) 8. Consider adoption of an ordinance awarding a contract for the purchase of materials, equipment, supplies or services. (4.A.2. - P.0. 132875) C. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.3. - Bid 01465) Benda No - Agenda VC-_ZZ:.~ fwe City of Denton City Council Agenda •~1 7 March 2, 1993 Page 5 D. Consider adoption of an ordinance amending Ordinance No. 93-015 relating to the award of Bid Number 1449 for the purchase of fleet vehicles to provide for the purchase of an additional utility vehicle bid item 12. (4.A.4. - Bid 01449) E. Consider adoption of an ordinance of the City of Denton, Texas, providing for a change from Agricultural Zoning District to single Family SF-10 (C) with condition zoning district classification and use designation for 12.034 acres of land located on the east sido of Country Club Road approximately 920 feet south of Hobson Lane; and providing for a penalty in the maximum amount of $2000 for violations thereof. F. Consider adoption of an ordinance vacating drainage and public utility easements in Lot 2, Block A, Minter Addition Replat to the City of Denton, Denton County, Texas. (The Planning and zoning commission recommends approval.) G. Consider adoption of an ordinance amending the fees for sign permits to provide a fee for signs larger than two hundred fifty (250) square feet, for special exception petitions, and for wind devices erected across streets. (The Planning and Zoning Commission recommends approval.) J H. Consider adoption of an ordinance authorizing the City Attorney to approve the proposed judgement in City of Denton vs. Ed Wolski and Virginia Fryman relating to the extension of the runway at the Denton Municipal Airport. if Consider adoption of an ordinance authorizing the City Attorney to approve the proposed judgement in City of Denton va, M. T. Cole Trust Number One relating to the J extension of the runway at the Denton Municipal Airport. J. Consider adoption of an ordinance authorizing the Mayor I to execute a successive option agreement with Roger C. Sullivan and Roger C. Sullivan Company, a Texas Corporation for the purchase of 134.6 acres of land for future expansion of the City of Denton Landfill. Aps*No 43-ooh Nis City of Denton City Council Agenda 7 March 2, 1993 Page 6 6. Resolutions A. Consider approval of a resolution allowing the City to enter into an agricultural lease agreement with John ` Bradford and J. L. Madewell for one year at South Lakes Park. B. Consider approval of a resolution requesting the Texe+s Legislature adopt legislation regarding the use of logo reader boards. (The Planning and zoning commission recommends approval.) C. Consider approval of a resolution apportioning emergency management equipment and property jointly held by the City of Denton and Denton County. 7. Consider a request from the Denton Festival Foundation to allow amplifiers, loudspeakers and musical instruments at Civic Center Park on Sunday, April 25 from noon to 1000 p.m. for the Denton Arts Fesiival. S. Consider an appointment to the Human Services Committee. 9. Miscellaneous matters from the City Manager. 10. Official Action on Executive Session Itemsi A. Legal Matters S. Real Estate C. Personnel D. Board Appointments 11. New Business This item provides a section for Council Members to suggest items for future agendas. 12. Executive Sessions A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. S. Real Estate Under Soo. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sea. 2(g), Art. 6252-17 V.A.T.S. r f undo No -DD agenda n ~ro -a-93 00 City of Denton City Council Agenda March 2, 1993 Page 7 NOTEI THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. l C E R T I F I C A T E i certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1993 at o'olock (a.m.) CITY SECRETARY NOTEi THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCOOOE8 1 RCITY COUNCIL :IT i i 44 hf 0 0 (~7 Iht0 k t'4'ti 1 12 .a 4~ende Nu. "CYO ✓J2 c / s~ ~ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE; March 2, 1993 r ~~•i SUBJECT: Update on Section 9 Federal Transit Administration Funding for Public Transportation in Denton 8AC1~aR0UND: The City of Denton is developing its second grant for Section 9 financial assistance from the Federal Transit Administration (FTA) for public transit. City and SPAN staffs have worked together to develop the funding application. In order to assure fiscal year 1994 funding is available by October 1, the application must be submitted no later than April 1, 1993. Update on 1993 Grant A.fAwit-460 The trolley system opened its fifth route, the Green route, in December. Saturday service was also initiated in time to meet the needs of holiday shoppers. New, larger signs have also been installed on all of the routes. On the demand response side, certification of all riders is ongoing. This is required under the Americans with Disabilities (ADA) Act to identify ADA eligible customers. The City's ADA paratransit plan was also accepted by the Federal Transit Administration. SPAN and the City sent a request for proposal to marketing and advertising firms to gain professional resistance in promoting the public transit system. The proposals are being evaluated and a firm will be chosen soon. New route maps are the highest priority. If additional funding is available, advertising will also be performed by this group. Advertsing was placed in both the University of North Texas and Texas Woman's University class offering books which are distributed to every student. City staff and SPAN have also spoken to different neighborhood organizations and service groups to promote trolley ridership. A marketing class ' at the University of North Texas is doing an advertising campaign for the trolley system as a class project this semester. The new vehicles for the demand response system will be purchased from this year's grant funds as soon as the specifications are received by SPAN from the State. The state bids a number of vehicles used in transit operations each year. The City will utilize the State's purchasing power and buy off the State'E contract an we do with some other City vehicles. f Awds No V-3 - c Apenc~ittem e I ~f~? Date f BUMMARYI v Based on available funding, Denton's allocation of PTA funding is $220,000 federal planning and operating assistance and $121,000 capital assistance. This amount is very close to the amount of funding Denton was allocated last year. An operating budget for the transit system has been developed based on this funding. A copy of the proposed budget is attached. Planning/Operating Based on the proposed Section 9 funding request, the transit system will continue to operate five fixed trolley routes and elderly/handicap demand response service, Monday through Saturday. There are no program changes in service nor expansion plans for this next fiscal year. Since the trolleys began operating, there have been service expansions every year. This year's goal will be to build up ridership on the public system. Next year's budget includes an increase from $5,000 to $6,000 for promotions which includes advertising and route map expenses, Cagital Three capital budgets have been developed. The first one is based on $121,000 of federal assistance. The second budget is based on the capital needs in the next three years which were taken from the Transportation Improvement Program planning document. The third budget includes only vehicle acquisitions for the next three years. Although the City does not expect to receive a great portion of additional capital assistance, by including all of the needs in the grant application the City would be well-positioned if additional funding becomes available. The City received word from the PTA on February 24 that President Clinton's economic stimulus package was introduced in Congress and hearings wore held in both houses on February 23. The package submitted includes a large amount of additional transportation fundingi highways, transit, airports, Amtrak. if any of this package is passed by Congress, it would could mean more funding for capital assistance only would be available. However, the ' legislation intended to quickly spur the economy and create more jobs, requires only a 60-day time frame for the money to be applied for and granted by the appropriate federal agency. After this short window, the opportunity is lost to olaim any of this funding. Therefore, the PTA recommended that Denton submit all of its capital needs for the next several years with this section 9 application. Obviously, not all of these capital items would be funded nor would local match be available for all of these items. However, it would allow the City more flexibility in choosing the most important capital items as well as being positioned to act J avwhen the ailable or legislation money quickly bec.omes and if l the city passed. Cuncil des not additional pursue additional capital items, then there is no penalty for 1 Agenda No Agenda Item ale ~ 23 requesting more funding than is utilized. Staff recommends that option 2 be included in the grant proposal, which includes total capital needs for several years. However, option one will be utilized if no additional funding is available. Option number one for capital items is not enough money to purchase a trolley. Trolleys cost approximately $180,000 with the federal portion needed being $1440000. Therefore, this option includes one maxi-bus, similar to the current Roadrunner vehicles in operation, and a mid-size bus, like the one currently in service. If more funding became available, the City could purchase a trolley instead of these two vehicles. The current fleet used for the fixed route are two trolleys purchased from the Austin transit system, one used by both Tulsa and Galveston transit systems, a 1992 trolley, and a 1992 bus. The three used trolleys are 1984 and 1985 models with between 140,000 and 180,000 miles. Maintenance is high on these three vehicles and there is significant down time due to service or extreme temperatures. These vehicles are not air-conditioned and are taken off the routes during the middle of the hottest summer days as well as during the coldest days in winter when the heater is not sufficient. These vehicles are in service approximately 60% of the time with downtime from maintenance problems and extreme weather being approximately 401. If option one were utilized, the two new vehicles would become front line vehicles with the two moat maintenance prone trolleys used as backup vehicles. Currently, roadrunner vehicles or vans are used as back up vehicles. However, if more capital funding is passed by Congress, trolleys could continue to be purchased assuming local match availability. PROGRAMB. DEPAATMEMTB. OR GROUPS AFFECTED! Elderly, handicapped, and public transportation riders! SPAN staff, various City departments FISCAL IMPACTI The transit budget is similar to the current grant. The City's local match will include the current general fund amount, $55,440, plus staff salaries which are refunded to the City and passed through to the City's operator. , Staff requests direction from the City Council to make any changes in the existing grant proposal. A public hearing will be held on Tuesday, March 9 at 600 p.m, at City Hall to receive additional public input. The grant proposal will be on the City Councils March 16 agenda for final action and submitted to the PTA no later than April 1. qP' Agenda No Agenda I 1, ,4 ? l' Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, loyd V. Harre City Manager i Prepared by: Catherine E. Tuck Administrative Assistant Attachments I i ~ I 7111 Sr 41 5, 101} IfI SmIfl I DE IT": I MCIIN S, 1311 }3 i3P IMM 30, 1133 ~j +;ijIl 117 E5 COPITdI PCd I1lLC (1PLdILOG) 11. PlAl 1117) CPEP.ViiIC (1. 01211: 151 (1GPeldL1S:) fGIdL Bi161 70101 iCNl1110 `JV '.-TGIAL,..'.-... SCSAL..._,.,.•-" '•SPAI citl ?C!AL SPA[ My SPVS 100611 Cill LCM SIC. 110001} . . . . . . _ R~ ~tC}70101111 5311,771 St1,011 $1,131 314110 $103,000 611,101 31,511 $110,300 371) ,300 1111,120 5 P}► Still NAM 11 it,tl0 33,105 $i,100 $7,800 11J1,570 $07!,1$1 $1,150 $101,$50 still ?IQ 611,130 0111 0! O5R31 513,130 $t, 130 5100 St, 110 530,111 III,033 51,150 ;37,330 113,111 S151,110 :11110 1111 cElT01 $0 $0 S0 $0 $5,011 15,000 10 53,000 SC 14111 c ISO? Calli 31311 SO $0 $9 10 $1,540 Will SO SIMI, S0 I1,510 2 110LEII AOSLIL3I.I0 S0 So Sa 30 ss,1o1 SS,101 s1 $5,130 So J.,lol 1JIAL 1H1HIUts 613,100 60,000 110,100 $4,00 1+11,011 603,000 $11301 611,000 614000 6JSt,501 / HOURS $133,000 $10,010 1311,010 113,001 1115,130 Pismo $51100 $113,010 s531AoI $3,134101 11n1131z1 30 to s0 10 $0 $3 $4 10 so f1 =.6PUS1e is hL AY.rur6luc(PSPAI IL. Ptill 100'nL1710 Il 011111m) II. Ocl11t11G1 SPAS 75171 "M 10111 c la tl00L1 0070 1000It SIC. ! Ivott 100CEt 1111016 H 130,510 $10,001 60,000 611,010 1111,000 to 611,110 310,0'0 611,001 s3PPL11s 10 10 So 11 31,530 51,500 $0 $4500 $0 51,501 101I113UC1PACNOTi/1 $0 to $4 6 61010 $1,010 so $1,000 $0 11,100 licit (s►u) 11 to $0 $1 $1,101 11,300 $0 11,000 s4 11,000 60011 (0111) l0 $0 $0 $1 15,001 10 15,101 13 $1,000 $1,111 carllfugtlAltl00 f0 10 10 11 6,1101 6,100 $1 6,100 sl $1,101 N11LAS1 51 Sc 11 II 1531 600 to 1510 SI 3301 ucur11c1ILtITSO s0 11 $0 10 $5,110 151111 $0 $5,001 $0 $$,100 I Iitl►101LlcCasuI;al103A fJ 31 $J l0 35,001 6,010 $0 6,100 $0 $$,001 j mallC1 39 SO f0 33 611,000 511,110 $0 $11,000 s0 151,001 Ion 15 $0 $9 15 61,000 511,000 $0 111,040 s0 151,100 1A1IIIIIIl 10 so $3 50 $10,101 111,133 6 64,001 10 111,001 Ml Irl MUM it f0 S0 10 $11,000 110,150 to 110,1:0 so 60,010 1: At 10 i1 S0 10 $1,030 11,000 $0 11,001 s4 11,000 11omis 131 $541,131 $0 6 s1 so II $1 11 (510,000 1Ito IUd lus (1) $110,100 $9 $0 Il so 10 $0 11 1170,114 671,100 r 6. STS1111 $1,100 $1 $1 10 $0 13 $0 $1 $5,034 6,1100 CCJI Clio 110,600 10 11 Io $1 11 $0 11 311,500 60,so1 Ill sicul PCUS 110,530 53 s0 10 10 $0 $0 10 151,sol 110,511 IM, 1-01114310 S1s}EN $111130 50 s0 It so 11 $0 6 61,151 130,001 001 11161$1$ (1) $41,105 31 $0 11 10 so $0 51 140,000 $10,110 WAIT 111011 $5,003 $0 s0 15 10 11 s0 f1 61000 $5,000 _ . 611,000 $11,570 s13,0o0 60,000 S IMI 3117,000 15,103 #111,000 634030 $1,111,000 u1IC1AncA3 $5 10 $1 A 67,310 ;"'M s0 $17,1511 10 $11,110 16115 1J 13 so $0 61,500 117,700 $0 117,030 to 07,000 t c0H} SAM 6 6 13 sa 115,001 113,051 $4 $21,031 30 111,001 $111,101 60,010 63,001 $10,000 3164,110 1415,030 $$,300 $211,001 $511,150 6,313,011 I~ N : NendaNo OPERA11%BU0911994 ApidaIIsm_.-zU'? ~ Ell, E~ EsGGEi FFOoOSED E;{u;E1 .h~ ::CTION 9 U~A~i' $1a9,13O $:O i.)OC OF STATE MATCH !94,565 f1O2.SOG CITY )1 DENTON 177,812 f90,,14 KITED MO CEN'CN fS,,l1 15,500 Fi7s r0!~1433UThia $1,733 iI,SSO TRDL.Er ScEC,FEvENUE $5.117 1J iPOIIEY ADYERIISIN6 13250 S MOO W21394 $410,000 EXPENSES 1993 1994 1-1111'1 BUDGET PROPOSED BUDGET PAYROLL Ilociod, CeAetics) $3D9,015 f3121000 SUPPLIES $4,334 14,500 ADVERIISING!PR0MOT10N $4,949 $9,000 AUDIT (SPAN) 11.379 12,000 AUDIT (CITYf 15000 $5,000 CONFEPENCErTPAIN(N 14 S)O 13,000 MILEAGE $2,790 $500 OCCUPANCY RELATED $4,727 15,000 TELENNEI MM. $1,891 $5,000 INSURANCE $30,721 $12,000 FUEL 136,761 $18,000 MAIN'ENANCE 140,000 140,000 TAX1.508CONTRACT 120,000 120,000 ABC. $2,75) $2,000 1469,780 1497,000 LESS FARE REVENUES 176,396 117,000 V EXPENSES 1392,)84 1410,000 I 1ry1 f AceodaNa 'E~')N SECTION ~ ~ KAMIN K WET L191 : AQendaltero t/l We- Z REVENUES 1993 1994 BUDGET FRDPOS,E) MGET EE:THN 9 DPAMT !1?,?12 (2e ,r7 PTE SATE MATCH 1°,698 f3,~07 (ITT CF CE4T;4 1a, 144 52,100 TV ALS SS9,14) 130,000 PLANNING 1193 194 tCOSTS 000GET PRDPOSED BUDGET TRANSIT OPERATION (C1T0 10 40 TRAN~iT OPERATtON (SPANI $20.000 110,004 GENERAL DEVELOPMENI (CII1) s0 s0 GENERAL DEVELOPMENT {SPAN) 110,000 40 GRANT ADMINISTRATION IC 111) 120.140 120,000 GRANT ADMINISTRATION (SPANI $1 $0 TOTALS 159.140 !30,000 i 1 r T I I Agenda No Agendallem_ pENTON SECTION cAIITAE lIIY6ET 1"4 V R?te_ PEVEN'1ES 199J 1914 19x4 11;4 B'0'iET O:TICN 11 OPTIC4 12 cP% N 43 SUIIO4 9 GRANT $ 6,?u $120,800 1128,500 S'0.000 PT, STATE MATCH 115,656 5191630 1119,470 1i05,300 CITY Of OENT2N 13,T30 10,510 563,770 156,700 TOTAL P.VEr9E5 1110,430 $151,000 11911,000 1010,000 t ~ s CAPITAL 1993 1994 1994 1991 COSTS BUDGET OPIIOM $1 OPTIO4 42 001104 13 i :,281]:2 TPOLLEYS i31 1D $D 1:10,000 1540.000 VANS 161 $0 $0 5270,000 $270.000 VANS 13) 11021000 $0 1O $0 P.A. SYSTEA 10 $5,000 $5,000 $0 CUPS CUTS $0 110,500 110,500 1D BUS SIGNS/ POLES $19,430 10 110,500 so PEPL. 2-WAY RADIO SYSTEM $0 $D (30,000 $0 BUS SHELTERS 111 $0 $0 140,000 $0 TICKET BOOTH 10 1D 15,000 $D MA1I•VAM u9,S00 $0 f0 MIDSIZE BUS I I! 17 196,000 so 1D . TOTALS $120,130 1151400 1911,000 15.0,000 1 h F I I i I . .1.;.z..rrI. . CITY i+ „ .,.if;.......... ri tCOUNCIL . . z.. r' 42:2 l to 1 i 1. 0°°90 11 64: o 0 a a q a , 4 r 4~ J t~ h t♦ OQ~ ~H0°°G F iNra Agra CITY OF DENTON CITY COUNCIL 14I14UTES February 9, 1993 The Council convened into the work session 1993 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (ronsidered action in the condemnation cases of Qity of Denton v, Cole Trust No_7 City of Denton v John Porter, et ux and City of Denton V. Fryman b Wolski, considered action in Dallas County Park Cities Municipal Utility District v. C ty_of Dallas_ann City of Grappyine, real estate (considered acquisition of an easement for a water transmission line to proposed Lake Ray Roberts Water Plant) and personnel/board appointments. 2. The Council received a report and held a discussion regarding the Capital Improvement Program budgeting process. Kathy DuBose, Director of Accounting and Budget Operations, presented a budget calendar for the capital improvement program budget. She presented written requests from several organizations for funding and reviewed the Council budget questionnaire which the Council would be completing. The questionnaires were due Friday, February 12, 1993 for staff review on February 17, 1993. She reviewed a work sheet which staff would complete for the proposed CIP projects. Following the completion of those work sheets, the Executive Staff would do a ranking of the projects using the criteria of public safety, health/life, legal requirements, impact on liability, quality of current service, economic development and growth, and recreation/cultural/aesthetic value. A discussion would then be held regarding the rankings with a recommendation to the Planning and Zoning Commission. The Commission would discuss the proposed CIP, hold a public hearing with a recommendation forwarded to the City Council. In September the Council would adopt the first year of the CIP, John McGrane, Executive Director of Finance, stated that the City had two separate processes, the CIP and the operation/maintenance budget. In past years those processes had proceeded separately. Staff was trying to merge those two processes together as they might have an impact on each other. Lloyd Harrell, city Manager, stated that the preparation of the CIP would be very critical this year as it would be the foundation for a bond package for the voters. Mayor Pro Tem Hopkins stated with the last bond election, Council had some decisions already made regarding the CIP but when the I nd+tNo __9 _ ec f' Apt42 teal !2S ~02 City of Denton City Council Minutes February 9, 1992 l Page 2 citizens group was formed, they had a very different view point than the Council. She questioned the process of the Council determining the CIP projects before a citizens committee would be formed. City Manager Harrell replied that ground work needed to be done to investigate all the possible CIP projects in terms of cost and operating expenses in order to form the foundation for a citizen committee. The Charter required the Planning and Zoning commission present the CIP to Council. The CIP could be used as a starting point for the citizen committee so that the city would be in compliance with the charter. Mayor Pro Tem Hopkins felt it was important to inform citizens that a committee would be formed and that the CIP might change during the entire process so that there was no perception that the City was not doing what the citizens originally thought. Council Member Brock felt that communication was very important. Records would be kept of individuals who presented ideas at the public hearing and those who sent letters. Those individuals could be informed directly and others indirectly by a general publicity project. There needed to be a data gathering process to track items which might be on a CIP and those which would not be on a CIP. Council Member Chew stated that he would be holding his questionnaire until after he had heard what the general public wanted. Mayor Pro Tem Hopkins stated that she had a problem completing her questionnaire as she could not run again on Council and her responses would be deleted as soon as a new member was elected. Council Member Perry stated that he would like to have her comments on the questionnaire. Council Member Smith stated that the Council would have an opportunity to express its feelings on current issues. 3. The Council received a report and held a discussion regarding Sammons Communication's basic service tier restructuring. Bill Angelo, Director of Community Services, stated that the Cable Television Act reinstituted rate regulation for communities such as Denton. The City would file for certification through the FCC for the ability to regulate basic service rates. That Act also had encouraged cable operators to restructure basic service tiers to _J i I Veda No --!2V - ~Qtr+da Imo...... •5..~ _ City of Denton City Council Minutes (k~fG ~3 February 9, 1992 Page 3 provide a lower level of service at the lowest possible 'ost. This action combined with the fact that Sammons Communications was in the process of a rebuild in the Denton area created a situation whereby in order to comply with the Act, Sammons would have to split the services into two different levels. In order to accommodate those levels, converter boxes would have to be used. A possible option would be to delay City certification until Sammons had completed the rebuild and Sammons would not restructure at this time. If the City could not delay application for withithea application and then allow Sammons to r st uictureeOatea i later date. An agreement had been developed which the Cable T.V. Advisory Board and Sammons had agreed with. Council Member Perry asked if this agreement could be perceived as the City allowing Sammons to raise the rates. John Enlow, Sammons Communications, stated that the agreement stated that Sammons would not raise rates during the rebuilding process. Council Member Perry asked if the new basic cable would become a combination of cable channels. Enlow replied that the new basic service would be a lifeline service. The other channels would be optional. Angelo stated that one downside of the agreement was that if the restructuring was done as proposed, a small amount of customers would need a converter box for service. 4. The Council received a report and held a discussion regarding a recommendation for preparation of a power supply study. Bob Nelson, Executive Director for Utilities, stated that there was a need to perform a power supply study for options for long range unitsrwithinythem City There gainmight substantial opportunities . efficiencies. repower Jim Harder, Director of Electric Utilities, stated that the study would help determine where the City should go from here. Should the City depend on TMPA for future power another unit or buy from the outside. After urevitwitig theorequest for proposal, staff was recommending that the firm of P97^11rce Management International perform the study. Tasks for the study included data request and review, review load forecast and derand side management program, review power supply contracts and dispatch, accounting procedures of TMPP, review existing generation Agendi No ,1 cC + Agenda Item_ r~ City of Denton City Council Minutes February 9, 1992 Page 4 7 + I facilities, prepare interim report, analyze technical feasibility of TWU co-generation facility, identify options, economic analysis, prepare report and preparation of results. An approximate cost of the study tasks was $118,900. Some possible power supply options included purchase power, repower present generation to establish a combined cycle unit, addition of another unit, participate in the next units of TMPA, participate in generation units owned by others, participate in co-generation at TWU, waste-to-energy facility and modifying existing generating units. An interim report should be completed in approximately 3 months with a final report in approximately 6 months. The study would determine tt,s City's long term future energy supply. Council Member Brock asked if the project had gone out for bid. Haider replied that formal bidding was prohibited on professional projects. City Manager Harrell stated that a number of firms were interviewed before the selection of Resource management international and that , formal contracts would be considered at the next Council meeting. The Council convened into a Special Call Session at 7:00 p.m. An the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of tho audience recited the Pledge of Allegiance. The Mayor presented the following proclamations: i National Vocational Education Week American Heart Month ' 2. The Council considered approval of the minutes of the Regular Session of January 5, 1993. Perry motioned, Chew seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ~h F AQendi No Z L- r A09odalte~ rkle 3 93 City of Denton City Council Minutes /C February 9, 1992 Page 5 i 3. Public Hearings There were no public hearings to consider at this meeting. 4. Consent Agenda Perry motioned, Hopkins seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 01443 - Medical Supplies 2. Bid 11449 - Fleet Vehicles 3. Bid 11452 - Collection services 4. Bid 0'1454 - Data Multiplexer Channel Bank Equipment 5. Bid 11457 - 12 CY Dump Truck 1 6. Bid 11458 - Rear Load Refuse Truck 7. Bid 11459 - Circuit Breaker Conversion ~ 8. Bid 01448 - Reroof Service Center 9. P.O. 132132 - A. 2. S Continental 10. P.O. 197167 and 197168 - Change Order 08 - Martin K. Eby B. Plats and Replats 1 J 1. Considered the preliminary replat of Lots ] and 2, into Lot 1R, Block 1 of the Santa Fe Addition. (The Planning and Zoning Commission recommended approval by a vote of 7-0.) C. Tax Refunds 1. Considered approval of a tax refund to Robert Croissant for $774.95. 2. Considered approval of a %ax refund to Republic ` Title Co./Albert Herron fo: $642.37. 3. Considered approval of a tax refund to Teresa Hayes for $884.51. IP- Na 9S3 - pp_ a0er+dA Its--'~`-~ ~a City of Denton City Council Minutes Date_ February 9, 1992 Page 6 l i 5. Ordinances A. The Council Considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. 41449, , 4.A . 2. -Bid 449, 4,A3, - Bid I1452, 4.A.4. - Bid 1443- Bid 01454, 4.A.5. - Si.d 11457, 4.A.6. - 58 Bid /1 4 The , 4.A.7, - Bid X1459} following ordinance was considered: No. 93-015 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT; SERVICESFORPROVIDINGTHE PURCHASEFOR0C MATERIALS, EQUIPMENT, SUPPLIES OR THE EXPENDITURE AND PROVIDING FOR AN EFFECTIVE DATE, OF FUNDS THEREFORE; Smith motioned, Chew seconded to ado t vote, Brock "aye", Miller "aye , Ho p the ordinance pkins On roll "aye", Perry "aye", and Mayor Castleberry a"aye". Mohtionecarried unanimous) B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.8. - Bid 11448) ~ The following ordinance was considered; No, 93-016 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Hopkins seconded to adopt the ordinance. On roll "aye, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew unanimously, y and Mayor Castleberry 'rayele. Motion carried , authorizinghtheC ex cutiono of dChangeaOrdero No.of o ordinance between the city of Denton and Martin K. a to a contract Inc.; and providing for an increase in Ethe C co traction price (4.A.10. - P.O, 097167 and 1'97160) price, The following ordinance was considered: ~4pendaMa _~3 ~ City of Denton City Council Minutes ~fe"r February 9, 1992 Page 7 fJ No. 93-017 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 8 TO A CONTRACT BETWEEN THE CITY OF DENTON AND MARTIN K. EBY CONSTRUCTION CO., INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. D. The Council considered adoption of an ordinance providing for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.9. - P.O. 032132) The following ordinance was considered: No. 93-018 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR 11 EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. considered E. The Council adoption the purchase of a utility easement from Charles Betzeln(RaypRoberts Transmission Water Line Project.) The following ordinance was considered: No. 93-019 ' AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM CHARLES BETZEL; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Harrell stated that this ordinance continued the staff process of obtaining the easements necessary to build the transmission line from the new water plant. I 1 A0W1 No Apendaire~.~'~ . oZ City of Denton city council minutes /U February 9, 1992 Page a Chew motioned, Perry seconded to adopt the ordinance, On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, F. There was no ordinance Item F. for this agenda. G. The Council considered adoption of an ordinance directing the publication of notice of intention to issue City of Denton Utility System Revenue Bonds, and directing the issuance and publication of notice of sale of said bond3. John McGrane, Executive Director for Finance, stated that the City h was required by law to publish notification of intent to issue revenue bonds. The bonds would be opened and issued on March 16. The bonds would be for $6,575,000 which would fund two years of CIP projects for the utility system. I The following ordinance was considered: No. 93-020 ISSUEAN CITY OF DIRECTING ENTON UTILITY TISYJqTEM NOTICE REVENUE INTENTION AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS. Perry motioned, Smith seconded to adopt tho ordinance. On roll vote's Brock "aye", Miller "aye", Hopkins "aye"r Smith "aye", Chew aye , Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance directing the issuance and publication of notice of sale of City of Denton General Obligation Bonds. John McGrane, Executive Director for Financer stated that a publication notification for General Obligation bonds needed to be published once in a national financial newspaper at least 30 days before issuance. The bonds would sell on March 16 for a total of $20975,000 which would be used for the law enforcement center and for the library. The following ordinance was considered: .y 1 ~gendaNo 9~ -oa~_ ' Agenda+tem_,. ~ City of Denton City Council Minutes February 9, 1992 Page 9 No. 93-021 ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF i' SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS. I~ Perry motioned, Brock seconded to adopt the ordinance. On roll v ote, Brock "aye"Miller "aye", Hopkins "aye", Smith "aye", 11 Chew aye", Perry "aye", and Mayor Castleberry llaye". Motion carried ` unanimously. 6. Resolutions E A. The Council considered approval of a resoluti an an interlocal ambulance agreement between the City ofo Dentonvand Denton County for ambulance services. Harrell thThewitemn had annual been contract discussed iat budget time and it was noted that there had been a reduction in the ' amount from the previous year. The following resolution was considered: No. R93-008 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT CITY OF DE SERVICESTHE BETWEEN AND DECLARINGNANNEFFAND ECTIVE ODATEOUNTY FOR AMBULANCE Hopkins motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Miller "ayell, Hopkins "aye", Smith 'laye", Chew 'layeto" Perry 'layoff, and Mayor Castleberry "aye". Motion carried unanimously. 7. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The selling of the revenue bonds and the general ' obligation bonds would require the City to make a bond rating trip to New York to present the case to bond officials. The trip was scheduled for February 26 with the Mayor, the City Manager, the Executive Director of Finance, and the Executive Director of Utilities attending. There was also a spot available for one Council Member to attend if the Council desired to send an additional member. Agenda NO _ 93-y°8 agenda it~nt ms's r}1i! City of Denton City Council Minutes /Q February 9, 1992 e Page 10 Council Member Miller felt it would be a good idea to send an additional member if someone was interested in attending. Council Member Smith felt that it was an educational experience to attend such a meeting. It was beneficial and encouraged someone else to attend. r Council Member Chew stated that Council Member Perry was not able to attend last year and suggested he attend this year. Consensus of the Council was to have Council Member Perry attend along with the others so indicated. a. There was no official action taken on items discussed during the Work Session Executive Session. 9. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller asked for an update on the status of the study on the use of Civic Center and revenue from tho3e rentals. City Manager Harrell stated that staff was in the process of preparing the study and suggested reviewing it as a major budget issue. B. Council Member Smith asked for an update on committee meetings with the University students. C. Council Member Chew noted the students present in audience. 10. There was no Executive session held during the Regular session. With no further business, the meeting was adjourned at 7:22 p.m. , BOB CASTLEBERRy, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERs CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOEO till. + 44 COUNCIL ' F~ j~11N+yt.:t tai: ~r i j LIE + ITT t ~Q 8 X00 ITT T 0 6 0 ' ~iu,.,~00~~000 IM T: 7: 1 X:7 MU, I I f Ap6 No, ~QMQ11tN►I~!-,i~~ DATE: March 2, 1993 2~" I.c I CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM., Lloyd V. Harrell, City Manager SUBJECT: Sign Ordinance Amendment H OMMENDATION: The Planning and Zoning Commission recommends approval. SUMMARY: II The ordinance amends Chapter 33, Signs, of the Code of ordinances concerning alatering non-conforming signs, aban- doned signs and supporting structures, calculating sign effective area, special sign districts, monument signs, wind devices, temporary and stake signs, measuring the height of signs on 1-35, flags, separation of signs on a premises, and rewords a number of provisions for legal and clarification purposo s. The separate fee ordinance on your agenda establishes fees for erta n signs. Anoth r separate ordinance amending the zoning ordinance with respe t to signs in planned development districts is also on you, agenda. Another r-solution on your agenda addresses legislation allowing ogo reader boards in state and federal highways. BACKGROUND: Since May 19920 t',e Planning and Zoning Commission has held seven public hearings and two separate work sessions and the City Council has held one public hearing and three separate work sessions. PROGRAMS, DEP RTM rrmS OR GROU~,^,~FFECTEDs Everyone who sees Denton. PAGE 1 iI1 1 i i Apellda 1 FISCALFISCAL IMPACT: Dal# None. Respec fully submitted: v, I Prepared by: loy Harrell, Cit Manager i Frank H. Ro bi AICP Executive Dire for Planning and Development ATTACHMENTS: Draft Ordinances. I AXX00211 PAGE 2 AAAOOFEF 4?endaNo 'DOS AgfmdaI!e 5 #`d3/a ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REG- ULATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES BY ADDING TERMS TO ENHANCE ENFORCEMENT OF THE ORDINANCE IN SECTIONS 33-1, 33-1211 33- 126, 33-149, AND 33-166; BY AMENDING DEFINITIONS IN SECTIONS 33-2, 33-3, 33-4 AND 33-91; BY AMENDING SECTION 33-62 REGARDING FLAGS; BY AMENDING SECTION 33-65 REGARDING WIND DEVICE SIGNS; BY AMENDING SECTION 33-95 REGARDING DESTRUCTION AND REPAIR; BY ADDING A SECTION 33-98 REGARDING NONCONFORMING SIGN PERMITS; BY ADDING A SECTION 33- 127 REGARDING CERTIFICATES OF OCCUPANCY; BY AMENDING SECTION 33-146 I j REGARDING MANNER OF MEASUREMENT, AND ILLUSTRATING SIGN COPY; BY AMENDING SECTION 33-147 REGARDING ABANDONED SIGNS AND SUPPORTING STRUCTURES; BY ADDING A SECTION 33-148 REGARDING SIGN FACE STAND- A DISTRICTS; RDS; BY AMENDING SECTION 33-181 REGARDING SIGNS IN RESIDENTIAL B AMENDING SECTION RESIDENTIAL IS RICTSAND PARTICULAR MONUMENTD SIGNSIGBY AMENDING SECTION 33-183 REGARDING PLANNED DEVELOPMENT AND SPECIAL SIGN DIS- TRICTS; BY AMENDING SECTION 33-184 REGARDING WIND DEVYCES (BANNERS) AND TEMPORARY SIGNS IN CENTRAL BUSINESS DISTRICTfo BY AMENDING SECTION 33-211 REGARDING TEMPORARY SIGNS; BY ADDING A SECTION 33- 212 REGARDING WIND DEVICE SIGNS (BANNERS) AND FLAGS; BY DELETING SECTION 33-213 REGARDING REPLACING OR ALTERING NONCONFORMING GROUND ,IGNS; BY REPEALING ARTICLE VI INCLUDING SECTIONS 33-221 THROUGH :l-226 AND ADOPTING A NEW ARTICLE VI AND A SECTION 33-221 REGARDING I ILLUSTR:.TIONS; BY AMENDING SECTION 33-253 REGARDING SIGN PLANS; BY CONSOLIDATING SECTIONS 33-254 A.JD 33-255 REGARDING CREATION, REVIEW OF PLANS AND CRITERIA FOR SIGN DISTRICTS; BY AMENDING SECTION 33- 256 REGARDING CONDITIONS IMPOSED UPON SIGN DISTRICTS; PROVIDING A SEV *ABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 1 WHEREAS, he erection and maintenance of outdoor advertising rosigns, should sbearegulated in order areas adjacent the public to protect in such highways, to promote the recreational value of public J travel, to in~:rease public safety by limiting distractions to the i driving public, to preserve natural beauty and to promote the reasonable, ordel-ly and effective display of such signs, displays and devices; anu WHEREAS, outdoor advertising ie a legitimate, commercial use of private property adjacent to roads and highways; that outdoor advertising s an integral part of the business and marketing function, and an estab);shed segment of the national economy which serves to promote and protect private investments in commerce and industry and should be allowed to operate in business areas] and that the regulatory standards set forth in this ordinance are con- sistent with customary use in this State and will properly and adequately carry out each and all of the purposes of this ord- 1 r I 4genda No r agenda rte i inance, more severe restrictions being inconsistent with customary use and ineffective to accomplish the purposes of this ordinance; and WHEREAS, the intent is to safeguard the general welfare of the public while protecting the investment of the property owner, to preserve the beauty of the community while balancing this with growth, development and commercial pursuits. In setting the stand- ards, the following findings are made: (a) That a multiplicity of signs is distracting to motorists and a hazard to vehicular and pedestrian traffic; That the prolife:ation of effort of off-premises local rcibusiness establishments to reasonably identify the location and nature of their businesses; (c) That it is a legitimate public purpose to limit commercial signs in the City to those reasonably necessary to identify local businesses. Such limitations are established so as to; (1) Limit distraction to motorists and reduce the danger to other motorists and pedestrians, (2) control and abate the unsightly use of buildings and land and to enhance the appearance of the landscape. (3) Preserve the beauty of the landscape and residential and commercial architecture; and WHEREAS, the planning and zoning commission has reviewed these proposed amendments to the sign ordinance on September 9, 1992, September 23, 1992, October 14, 1992, and December 160 1992 and recommends approval of these amendments to the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION F. That Chapter 33 of the Code of Ordinances relating to "signs and Advertising Devices" is hereby amended by revising Subsection (a) of Section 33-1 entitled "Purpose and intent," so that hereafter same shall read as followsi Sao. 33-3. Purpose and intent. (a) It is the purpose of this chapter to regulate the con- PAGE 2 !M 1 f I `0ande No agenda i struction, reconstruction, erection, installation, placement, re- location, maintenance, display, use, modification, alteration and removal of private signs within the city. SEo "Signs That Devices" Code of lating is hereby Ordinances amended re- deleting from section .13-2 entitled "Definitions," the definitions I of the terms Effective Area and Stake Sign and by adding a def- inition of temporary sign and revising certain terms in said section by defining such terms set forth below to read as follows: Soo. 33-2. Definitions. Front Yard means an open, unoccupied space on a lot facing a street and extending across the front of the lot between the side lot lines and from the main building line as specified for the district in which it is located (the "building setback line"). Ground Sian means a sign, other than a wind device sign, whose principal support is provided by burying, anchoring or otherwise connecting the sign, or supporting structure thereof, to the ground and which is not a portable sign or attached sign. Monument Sign means a ground sign, other than a wind device sign, which is solid from the ground up, and is made of stone, con- crete, metal, routed wood planks or beams, brick or similar mater- ials. The pole(s) or support of this sign shall be concealed. Streets defined: Local - A street whose sole purpose is to provide access to G abutting single-family or two-family residential properties. It is designed to serve no more than five thousand (50000) vehicle trips per day. Collector - A street whose main purpose is to collect and di- rect traffic from local streets to arterial streets, to carry I traffic between arterial streets or to provide access to abut- ting commercial or industrial properties or higher intensity residential land uses. It is designed to handle no more than ten thousand (10,000) vehicle trips per day. Secondary Arterial - A street whose main purpose is to serve ' as a major route from one (1) area of the city to another, as a connection between one (1) primary arterial to another or to provide a major route to one (1) or more of the city's moderate activity centers. Primary Arterial - A street, including freeways, whose main purpose is to serve as a major route into, out of or across the city or connect one (1) or more of the city's major activ- I PAGE 3 I i M i I AAcndsNo _ ~/3-~o1s' Agenda Itsfl _./Z93/1 ity centers. NOTE: Collector and arterial streets and freeways are shown on the city of Denton's Thoroughfare Plan and the Collector Street Map. Temporary sign means a ground sign that is used to communicate or advertise a single event which has not yet occurred and which is r temporary in nature. Examples of temporary signs include, but are not limited to, signs advertising grand openings, future construct- ion projects and real estate listings. FJal_ sign means any sign, other than a wind device, wholly af- fixed to, supported by or painted upon the wall of any building and which is not a projecting sign. SECTION III. That Chapter 33 of the Code of Ordinances relat- ing to "Signs and Advertising Devices" is hereby amended by del- eting from Subsection (6) of Section 33-3, entitled "Exemptions", the term "temporary" so that hereafter this Subsection shall read as follows: Boo. 33-3. Exemptions. The following types of signs shall be exempt from the provisions of this chapter: [See text of (1) through (5) in existing ordinance] (6) Holiday signs: signs containing only holiday messages and no commercial advertising. [See text of (7) through (13) in existing ordinance] SECT_ ION IV. That Chapter 33 of the Code of Ordinances relat- ing to "Signs and Advertising Devices" is hereby amended by adding the term display to the introduction; by deleting the last clause of the paragraph defining the term in section 33-4, entitled "Signs on public property"; and by adding to and revising the definition entitled "Signs obscuring or interfering with view" so that here- after the introduction and paragraphs (8) of Section 33-41 entitled Prohibited signs" shall hereafter be defined and read as follows: ' Boa. 33-4. Signs on public property* structt dishalspll be unlawful for place, erect, install, con- reconstruct person make use of any of the following signs forn relocate, or advertising purposes: PAGE 4 it i 4genda No - - na Agendajjwt__d~. ye,3;1_ fkre (See text of (1) through (7) in existing ordinance] (8) Sins obscuring or in~ferin with view. 9- (a) Signs located or illuminated in such a manner a effect s to obscure or otherwise interfere with the - signalivor eness of an a or official to traffic interfere with the view of a driver of ap- proaching, emerging or intersecting traffic or so as to prevent any traveler on any street from obtaining a clear view of approaching vehicles for a distance of two hundred fifty (250) feet along the street; (b) A sign other than a traffic control sign or signal, in a triangle sight area at all inte- sections including that portion of public right-of-way and any corner lot within a tri- angle formed by a diagonal line extending through points on the two (2) property lines twenty-five (25) feet from the street corner intersecl~ion of the property lines or that point of the intersection of the property lines extended and intersecting the curblines. (See text of (9), (10) and (11) in existing ordinance] SEC__ TION V. That Chapter 33 of the Code of Ordinances relating and Subsections (3)Aandr(5) of Section 33-62,e entitled d amended b "Exemptions," so that hereafter this Subsection shall read as follows: 640. 33-62. Nzeaptions. [See text of (1) and (2) in existing ordinance] (3) Flags as specified in Section 33-212. (See text of (4) in existing ordinance] (5) Temporary signs. ' X_CTION VI. That chapter 33 of the Code of Ordinances relat- ing to 'ISigns and Advertising Devices" is hereby amended by adding 33 $$Duration," Subsection W of same shall s read oas follows entitled sea. 33-66. Duration. (See text of (a) and (b) in existing ordinance) PAGE 5 49011da ND 600 ele S, 61 Y Aga~~da IterrL_~~~1~ (c) li1S"gvice signs A permit for wind device signs shall be valid for thirty (30) consecutive days. A permit shall not be issued fci,a premise unless a period of thirty (30) days has elap- sed since the expiration of a previous permit- The permit shall apply to one designated premise and authorizes the display of one or more wind device signs on that premise for the allowed time. No more than three (3) permits for any one premise shall be issued in any one calendar year. SECTION Vh. That Chapter 33 of the Code of ordinances relat- ing to "Signs and Advertising Devices" is hereby anended by revis- ing Subsection (1) of Section 33-91, entitled "Definition," so that hereafter same shall read as follows: Sao. 33-91. Definition. A sign, including its supporting structure, shall be consider-all provisions in when it does not chap ter contheretoform and or part of the (1) Was in existence and lawfully located and used on March 17, 1993. (See text of (2) and (3) in existing ordinance) SECTON yT~, That Chapter 33 of the Code of Ordinances relating to "Signs and Advertising Devices" is hereby amended by adding to and revising Subsection (a) of Section 33-95, entitled "Destruction; Repair," so that hereafter same shall read as follows: Sec. 33-95. Deetructionj Repair. (a) Any nonconforming portable, attached, or ground sign, including its supporting structure which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty (60) percent of the reproduction cost of a new sign, includ- ing its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated, unless such alteration or repair makes the sign conforming. No person shall repair, renovate, or alter a noncon- forming sign without first receiving a sign permit. (See text of (b) and (c) in existipg ordinance) 2.E41IQtL.A. That Chapter 33 of the Code of ordinances relat- PAGE 6 IIV- 19. T - r ~lgendaNo _ Agenda ltero 11_11 - 19 Date _,f - 91 S, ing to "Signs and Advertising Devices" is hereby amended by adding a Section 33-98, entitled "Nonconforming sign permits," which shall read as follows: Boo. 33-98. Nonconforming sign permite. The building official may issue a permit to alter a noncon- forming sign if the proposed alteration would not cause the sign to exceed the effective area, height, setback, or illumination setback of the sign existing at the time of application for the permit. to "SignslandXAdvertising Devices" iseheCode of reby amended Ordinances addingito and revising the first sentence of Section 33-121, entitled "Notice and order," so that hereafter such sentence shall read as follows: Soo. 33-121. Notice and order. Any sign which is erected, placed, relocated, constructed, re- constructed, altered, displayed, maintained, installed, modified or used in violation of this chapter may be removed by the building official as provided in this article. SECTION Xi. That Chapter 33 of the Code of Ordinances relat- ing to "Signs and Advertising Devices" is hereby amended by re- vising Section 33-126 entitled "Summary removal of hazardous signs," so that hereafter same shall read as follows: Geo. 33-126. Summary removal of hazardous signs. I' Notwithstanding any other provision of this chapter, the building official may sucunarily remove any unlawful sign which, because of its location or condition, clearly constitutes an im- mediate hazard danger sign, the building official shall make a reasonable removing the locate the owner of the hazardous sign or person responsible for its display, placement or maintenance to give written notice of the violation, the action necessary to correct the violation and the time period in which the correction must be made. The notice shall be delivered to the owner of the sign, the owner of the premises or the person responsible for the sign's display, placement or main- tenance, if located; otherwise, the notice shall be affixed to the sign or other prominent place on the premises likely to coma to the buildiattentionoffof the ifpremises. corrective Thereafter, action the taken in the time specified. SECTION XIi. That Chapter 33 of the Code of Ordinances relat- ing to "Signs and Advertising Devices" is hereby amended by adding a subsection 33-127, entitled "Certificate of occupancy" so that hereafter same shall read as follows: PAGE 7 Agenda No Agenda ftartt_,~) rhie 3 /61 s(. c~ 1 Sec. 33-127. Certificate of occupancy. The building official shall not issue a certificate of oc- cupancy for any premises on which a sign or supporting structure does not meet the requirements of this chapter. SECTION XIII. That Chapter 33 of the Code of ordinances re- lating to "Signs and Advertising Devices" is hereby amended by adding to Section 33-146, entitled "Manner of measurement" a new subsection (2)b entitled 11IH-35 measurement"; renumbering sub- section 2(b) entitled "Natural ground level measurement" to sub- section (2)c; and adding to and revising subsection (3) entitled "Effective area" so that hereafter this section shall read and be depicted as follows: Sao. 33-146. Manner of measurement. The measurements required for signs by this chapter shall be made using the following procedures: [See text of (1) and (2)a in existing ordinance] ' b. IH-35 measurement, Along IH-35, the height may be , measured from the principal lanes, the frontage road, or the ground, whichever allows the greater height. (see illustration 14b.) (See text of (2)c referenced as (2)b in existing ordinance] ~J 3. Effective area means the area enclosed by the smallest imaginary regular shape (e.g. parallel- ogram, triangle, circle, trapezoid) or combination of regular shapes that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the display or used to differentiate the sign from the backdrop or struct- ure againv which it is pia:-ed. Effective area includes such features as decorative or ornamental i elements or features, borders, trims, but not in- cluding any supporting structure which is used solely for support of the sign, such as poles, columns and cable, or decorative fence, screening device or wall. (See illustration 14e.) a. Sign copy mounted or painted on a background panel or area distinctively painted, textured or con- structed as a background for the sign copy, shall be measured as the aeea contained within the out PAGE 8 ilp~ - r AQVdaNo 0~ d 8 Data side dimensions of the background panel or surface. DONNA'S SIGNS r b. Sign copy mounted as individual letters and/or graphics against a wall, fence, screening device, awning or fascia of a building or other structure that has not been painted, textured or otherwise altered to provide a distinctive background of the sign copy, shall be measured as the area enclosed by the smallest regular shape or combination of shapes that will enclose all sign copy. Y Joe% Qri!!a . r i . Y X C, Where there are a number of sign faces or more than one sign on a supporting structure. One--Area of the single face only. Two--if the interior angle between the two faces is 450 or less, the area will be the area of one face only; if the angle between the two sign faces is greater than 450, the sign area will be the sum of the areas of the two faces. u' PAGE 9 AgardeNo ~ Ageridaltem~ [late Three or more sides--The sign area will be the sum of the areas of each of the faces. d. All signs on a single supporting structure shall be measured together as though they were one (1) sign to determine the total effective area, except that signs separated by more than thirty-six (36) inches of air space at every point between the signs shall be measured separately and added together to determine the total effective area. e. Spherical, free-form, sculptural, other non-planar vigns--The area enclosed by the smallest imaginary regular shape or combination of shapes which would fully contain all portions of the sign when rotated horizontally around the sign. J( I SECTION XIV. That chapter 33 of the Code of Ordinances relat- ing to "Signs and Advertising Devices" is hereby amended by adding to and revising section 33-147, entitled "Abandoned signs and supporting structures" so that hereafter same shall read as follows: Sao. 33-147. Abandoned signs and supporting structures. ' The owner of any premise on which there is displayed or main- tained an abandoned sign or abandoned supporting structure shall comply with the following requirements: (1) If it is an abandoned portable sign, remove or cease dis- playing the sign within thirty (30) days of the date it becomes abandoned. PAGE 10 I r Agenda No _ Agenda Mam._._.1 (2) If it is a ground sign that does not meet the size, 7 height, setback and other requirements of this chapter { and is abandoned on or before March 17, 1993, the owner shall cease displaying the abandoned sign, remove the f sign, modify or relocate the sign, or put a blank face or other bona fide message un the sign by June 17, 199' as is necessary to comply with the requirements of this chapter. + (3) If the ground sign does not meet the requirements of this chapter and is abandoned after March 17, 1993, the owner shall cease displaying the sign, remove the sign, modify or relocate the sign, or put a blank face or other bona fide message on the sign within ninety (90) days of the date it becomes abandoned, as necessary to comply with the requirements of this chapter. (4) If a supporting structure used or designed to be used with a ground sign is abandoned on or before March 17, 1993s and the abandoned supporting structure -:yes not comply with the size, height, and setback u: other re- quirements applicable to ground signs, the owner of the premises shall cease displaying the supporting structure, or remove, modify or relocate the structure, or put a j blank face on a sign with a bona fide message on the supporting structure by June 17, 1993 as necessary to comply with this chapter. If a supporting structure that does not meet the requirements applicable to ground signs is abandoned after March 170 19930 the owner shall cease displaying the supporting structure, or remove, modify or I relocate the structure, or put a blank face or bona fide { sign on the supporting structure within ninety (90) days of the date the supporting structure becomes abandoned as necessary to comply with those requirements. In deter- mining whether the supporting structure complies with the size requirements applicable to ground signs, the effective area of the can, frame, or similar part of the j supporting structure that holds or to which the sign is attached shall be measured in the manner applicable to signs, except that all air spaces shall be counted. I (5) If an abandoned supporting structure does not have a can, frame, or similar part of the supporting structure that k would hold the sign or to which the sign would be attach- ed, and such a part or face or sign is placed on the sup- porting structure, the effective area of the sign or blank face placed on the supporting structure shall not exceed the requirements of this chapter. I PAGE 11 y f ~ Agenda No f Apidallem ` '*4 oale (6) No abandoned sign or supporting structure which is alter- ed under the provisions of this section shall be made more non-conforming, i (7) Altering, putting a blank face, or putting a sign on an abandoned supporting structure which is abandoned after March 17, 1993, and which would be non-conforming, and the cost of which exceeds sixty (60) percent of the re- production cost of the existing abandoned sign or sup- porting structure shall not be permitted unless in ac- cordance with Section 33-95 (a). (8) Any abandoned sign or abandoned supporting structure displayed or maintained, or not removed, modified, or relocated in accordance with this chapter by the owner shall constitute a violation of this ordinance, and be considered an unlawful sign and may be removed by the city in accordance with the provisions applicable to the removal of unlawful signs or the owner may be prosecuted as provided under City ordinances or be enjoined from continuing such violation. , (9) As used in this section, abandoned supporting structure ; means the poles, beams, cables, or other materials that are used or once were used to support an abandoned sign. (10) If a ground or attached sign that conforms to the reg- ulations of this chapter is abandoned, the owner shall cease displaying the sign and supporting structure or remove same so as not to be visible from any public right-of-way, or paint out or cover the message portion of the sign, or put a blank face on the sign in accord- ance with this chapter, or place a bona fide message on the message portion so as to leave the message portion and supporting structure neat and unobtrusive in appear- ance, within ninety (90) days of the date it becomes abandoned. j SECTION XV, That Chapter 33 of the Code of ordinances relat- ing to "Signs and Advertising Devices" is hereby amended by renum- bering Section 33-148 entitled "Clearance from electrical lines to I Section 33-153 and adding a new section 33-148 entitled "Sign face standards" which shall hereafter read as follows: Be*. 33-148. Sign lace standards. Sign face standards (1) The following shall be required for the use, display, maintenance, or permitting of an alteration of any aban- doned sign or supporting structure regardless of when the PAGE 12 AwdaNo Agenda Item- tJ'_ 9A sign was abandoned: I (a) hike material only the same or like quality material as that being replaced or that was last installed and used as a face on or in the abandoned ' sign or supporting structure may be allowed as the sign face, or that part of the structure that car- ries the sign message or that is blanked. The face of the supporting structure must be one which the supporting structure is designed to support. Painting over a face is allowed to blank the sign face. Examples: Plastic face replaces missing plastic face, metal replaces metal, wood replaces wood faco, etc. (b) ]touted, embossed, or raised messages or sign copy must not be able to be seen, if the face or message is blanked. (c) Blank facos must be of one color. (d) hovered me sages 1. Painting. Abandoned signs may be painted in order to "blank" the face. However, the paint must completely cover the sign face or message portion of the structure. The covered, paint- ed over message must not show through the paint. 2. Covered sign faces must be of a material or substance which renders the resulting sign face completely blank, opaque, and resistant to deterioration. Bleeding or showing through of a covered message or blanked face shall constitute the displaying or maintenance of an abandoned sign in violation of this ordinance. (e) No person shall cover signs with bags of any material. (f) No permit shall be issued for which a dilapidated or deteriorated condition would not be abated. (2) Prior to any alteration of an abandoned sign or support- ing structure, a permit for such shall be required in accordance with the provisions of this chapter. relating to IISigns andaAd ertising3Devices" is hereby amendedcby revising section 33-149 entitled "Sign maintenancs," so that PAGE 13 /Omde No Date hereafter same shall read as follows: Sec. 33-149. Sign maintenance. relocate, orl kebe unlawful for any ep any dilapidated person or s deteriorated sigerect, n. locate, SECTION XV_;I, That Chapter 33 of the Code of Ordinances re- lating to "Signs and Advertising Devices" is hereby amended by revising Section 33-166 entitled "prohibited," so that hereafter same shall read as follows: Sec. 33-166. Prohibited. It shall be unlawful for any person to display, maintain, i erect, place or relocate any portable sign on any premises that is not a registered portable sign. r in elatgTtoN"S gns~and That Chater 33 of Advertising Devices h is C hereby amended Ordinances addi 33-18ng,toentand o (4) b and o that 4 hereafter esuch subsections shall read as follows: Soo. 33-181. Residential districts. (1) Pe mi d and prohibited types Ground, wall, wind device and temporary signs are permitted in residential dis- tricts, Roof, projecting and off-premises signs are pro- hibited in residential districts, (See text of (2) in existing ordinance) (3) Setbacks All ground signs shall maintain a minimum setback of ten (10) feet from the curbline and any side or rear yard property line, except that any ground sign may make use of a supporting structure for a ground sign that was lawfully erected on or before February 21, 1989, without regard to the side or rear yard setbacks speci- fied in this subsection, if the sign so placed would not violate any other provision of this chapter. (See illus- tration 14a.) (4) Number of around signs Only one ground sign which is not a temporary sign, shall be located on any one pre- mise, except as follows: (See text of (4)a in existing ordinance) b. Any premise which has more than five hundred (500) feet of public street frontage on a freeway, art- PAGE 14 Ronda No Agenda4em._.z~ ~ role erial, or collector street may make use of one ad- ditional sign for each five hundred (500) feet of additional frontage or that street, or fraction thereof, if each additional sign permitted is lo- cated than sixty (60) feet from another per- ground sign on the same premise. The dis- tance between the signs shall be measured along the curbline, from and between the two (2) points on the curbline which are nearest the two (2) signs. C. Temporary signs. See Section 33-211. j (5) Illuminated sign se back, Any ground sign over ten (10) feet in height and any wall sign over fifteen (15) feet in height shall maintain the following setback from any property used for a single family residence or property zoned for single family if the sign would be visible from such property: Ground or Att- U Sian S@tb S~S Non-illuminated. . , Internally Illuminated . . . . • • • • 100 feet Externally Illuminated . • . . . . • • • 200 feet . 500 feet The setback shall be measured in a straight line from the d istrict boundary line or residential property line to the ureneAarest the sin or its visible pfrom ia residen- tial property or district if the sign can be seen from six (6) feet above ground level from any point on the property or within the district. The setback shall not apply between a sign and a single-family residence located on the same premise. SECTION XIX. That Chapter 33 of the Code of ordinances relat- ing to "Signs and Advertising Devices" is hereby amended by adding to and revising the introduction to Section 33-182 entitled "Non- tiond33t182,dsot that 'he hereafter such nintroduction a and (subsections and shall read as follows: Sao. 33-162. Nonresidential districts. The following regulations shall apply to signs in any zoning assshown onstheaofficial zoning NS, GR, district l map kof L the or citydistrict, (1) Type, Ground, wall, roof, temporary, wind device and projecting signs are permitted in nonresidential districts. PAGE 15 keiidaNo Agenda Ilam ,C1,5 x``0,4 1bte (2) Effective area a IL-~ + a. Ground signs shall have a maximum effective area { and maximum height based on the street frontage of the property where located, as follows; Street maximum maximum monument Frontage Effective Height sign Area Effective Area IH 35N, 35E, 250 sq. ft. 40 ft. or 35W 300 sq, ft. Loop 288 150 sq. ft. 30 ft. 200 sq. ft. Other primary 60 sq. ft. 20 ft.* N/A arterials All other 60 sq. ft. 6 ft. N/A streets *Except for the Central Business districts. (See text of (2)b in existing ordinance) (3) Setbacks Ground and projecting signs shall maintain a minimum setback of twenty (20) feet from the curbline of any public. street and a minimum setback of ten (10) feet from any side or rear yard property line, except as follows: [See text of (3)a in existing ordinance] b. On properties fronting primary arterials, the minimum setback of twenty (20) feet for ground signs may be reduced up to a minimum of fifteen (15) feet from any curbline, if the height of the sign is no higher than the setback. (i.e., setback 18 ft., height ° 18 ft. or less.) (See illustra- tion 14a.) (4) Number Only one (1) on-premise ground sign which is not a temporary sign shall be located on any one (1) premise except as follows; (See text of (4)a in existing ordinance] b. Any premise which has more than five hundred (500) feet of public street frontage on a freeway, arter- ial or collector street may make use of one (1) PAGE 16 additional on-premise ground sign for each adds- tional five hundred (500) feet of frontage, or fraction thereof, if each additional sign permitted is located more than sixty (60) feet from another permitted ground sign on the same premise, The distance between the two (2) points on the curbline which are nearest the two (2) signs. (See illus- tration 14c), (See text of (5)a and (5)b in existing ordinance] $EC'PION a. That Chapter 33 of the Code of ordinances relat- ing to "Signs and Advertising Devices" is hereby amended by adding to and revising section 33-183, entitled "Planned development districts," so that hereafter same shall read as follows: Boom 33-=83. Planned development distriota, ns for signs zoningadistrictsgshallobe contained incthedordinance planned or dconcept eor detailed plan approved for the district, except that no off-pre- mises signs shall be permitted. Shuuld the regulations for signs be omitted from an ordinance or concept or detailed plan for the district, the sign regulations that would be applicable to the most restrictive comparable zoning district classification, based upon the land uses permitted therein, as determined by the executive director of the department of planning and development, shall be applied to the district or part thereof for which the regulations were omitted. (b) Deviations from the standards in this chapter may be considered if the continuous street frontage in the planned dev- elopment district is less than that required for consideration of approval of a special Sign District, Devi ons provedcas 1 ng ais therdeviations equally meet the obj ctiv saof this chapter, such deviations are necessitated by the design of the development within the planned development district, and such dev- iations are found to meet the criteria as that for creation of a Special Sign District pursuant to Section 33-254. be supported Approval of deviations from general sign standards shall by written findings approved by the city council or the planning and zoning commission, if the planning and zoning com- mission is authorized to approve a detailed plan in accordance with Article IV of Chapter 35. W81 O~N Xxi, That Chapter 33 of the Code of Ordinances relat- to and revising subs ction£( ) tovSecti ns33-184, entitledb"Central PAGE 17 I I ApendaNo _I3 41A9s Agendaitems3/I Itts ~o 1,2 S, business districts," so that hereafter such subsection shall read as follows: Boo. 33-184. Central business districts. (1) Type. Ground, wall, roof, temporary, wind device, and projecting signs are permitted in central business dis- tricts. (See text of (2) and (3) in existing ordinance] SECTION Xn That Chapter 33 of the Code of ordinances relating to "Signs and Advertising Devices" is hereby amended by changing the title of Section 33-211 to "Temporary ground sign" and amending the text of Section 33-211 so that hereafter this section shall read as follows: section 33-211. Temporary sign. I ~ A temporary sign shall be considered a ground sign and shall be permitted only according to the standards for ground signs except that a temporary sign not larger than thirty two (32) square feet in effective area need not be permitted if: (1) The supporting structure of this sign is not larger than one in which two perimeter dimensions are greater than four (4) inches or one in which the diameter is not greater than four (4) inches; (2) No more than one (1) off-premises sign advertising the sale or lease of one (1) piece of real property or one (1) real estate subdivision or development sign is placed on any one (1) premise; (3) No temporary sign shall be located within any public street median or within ten (30) feet of any curbline; and (4) The temporary sign shall be removed or cease to be dis- played within ten (10) days after the event being com- municated or advertised on the sign has occurred. SECTION XXIIX. That Chapter 33 of the Code of ordinances re- adding a onew "Signs and subsection d(a)tandn revising s the is hereb amended introdu tion and subsections of Section 33-212, entitled "Wind device signs," so that hereafter such section shall read as follows: See. 33-212. Wind device signs. (a) Wind device identification tag. The building official or PAGE IS r AO"da No Agenda 11eM_Z__1L his designee shall issue a registration tag to the wind device per- mittea. The wind device permittee shall cause the tag to be af- fixed in a conspicuous place on the permitted wind device. (b) The provisions of this chapter regulating wind device signs shall not apply to the following: (1) Texas or U.S. flags No permit shall be required to display one (1) U.S. or one (1) Texas flag, or both, on any one premise. If the exempted flags are displayed on flagpoles in the manner of a ground sign, the number, height, size, and spacing requirements applicable to ground signs shall not apply, but the flags and poles shall maintain the required satbacYs for ground signs. (2) Exempted flan On a premise, no permit shall be required to display one (1) flag that meets thy. following standards: a. The exempted flag is displayed on a flagpole in the manner of a ground sign, the number and spacing requirements applicable to ground signs shall not apply, but the flag and poles shall maintain the required setbacks for ground signs. b. The exempted flag shall have a maximum effect- ive area of fifty (50) square feet and a max- imum height of thirty (30) feet, unless it is used on the same flagpole used to display a national or state flag. (Ord. No. 89-0171 $ XIV (App. B, Art. 17g.6.), 2-7-89, Ord. No. 91- 048, $ XXX, 4-2-91) SECTION XXIV. That Chapter 33 of the code of Ordinances re- lating to "Signs and Advertising Devices" is hereby amended by repealing in its entirety Section 33-213 entitled "Replacing or altering non-conforming ground signs." SECTION XXV. That Ch.ipter 33 of the Code of Ordinances relat- ing to "Signs and Advertiii~lg Devices" is hereby amended by repeal- ing Article VI entitled "I:lustrations" and Including Sections 33- 221 through 33-226 and adopting a new Article VI entitled "Illustrations" consisting of only Section 33-221 with Subsections { 14a through 14e which shall read and be depicted as follows: J PAGE 19 f Apeedo No W S7 Agertda11 ~.S Date ARTICLE VI. ILLUSTRATIONS. Sao. 33-221. Illustration 14a i I a~ouMO •toos { • 1 SKIN,; NEOUM V "TRACK I~ •TIIRR• DACR of CYR• PAGE 20 AgandaNo __~13 -Doi Agenda ItertL~ ~-3 f~ Illustration 14b l4b. MEASUREMENT OF HEIGHT _ --Maximum Heigl Horizontal Line SIGN I SIGN L-- Vertical Une - I I I Above Curbline I I Below Curbiine I STREET I CURB{ THE CURBLINE 111 35 MEASUREMENT Maximum Ileighl Ilodzontal line Oat. I art. l 4W l l I I I SIGN I I - H Vertical Une --+1 I I I I I I f I 1 I I I GROUND LEVEL 1 PRINCIPAL LANES MONTAGE ROAD PAGE 21 i Aganda!~'o _ 9.3 ~ p ~ y aOeRdalterrr~,~~ I Illustration 14c 1 40.NUMEER AND fi PLACEMENT PROPERTY 0, I 1,11111 IMAM let') 7 fiROUNV SIGNS I uRH, 1 BOYARS TRRI F1110"!lrr A. t160'+OR IRORIAOMI on 1 SM, 120 OGUARI FRET MAXRMOM. i 0 MM0,00 {OUARR M" RACM, MAxw". a'AH 000 I r WAIMTgN Memo THAN 111111- MIST RRONTAOS I Illustration 14d 1 14d. peal (p l I O MI ~ 1uTA1 'ANrMT A>'~ I 1 I PAGE 22 I Agendaltem Dais 11?✓rI Illustration 14e 14NEFFECTIVE AREA EXCEPTIONS IF E a 1 EXCLUDED FROM INCLUDED IN EFFECTIVE AREA IFFECTIVE AREA SECTION XXVI. That Chapter 33 of the code of ordinances relating to "Signs and Advertising Devices" is hereby amended by adding to and revising section 33-253, entitled "Sign plan" so that hereafter such section shall read as follows: 800. 33-253. Sign plan, The sign plan for the district shall show, in the form and manner specified by the department, the location, setback, size, dimensions, height of all signs regulated by this chapter, any other conditions, restrictions, or regulations that will apply to the district, and any other information specified by the depart- ment, the commission, or council needed to adequately evaluate the sign plan, Such information may include, but is not limited to, information concerning the items noted in Section 33-254. SECTION XXVII. That Chapter 33 of the Code of ordinances re- lating to "Signs and Advertising Devices" is hereby amended by con- solidating Section 33-254 entitled, "Review of plan" and Section 33-255 entitled, "Creation" and by adding to and revising such sections into a new Section 33-254 entitled, "Creation, Review of Plan, Criteria" so that hereafter such section shall read as follows: PAGE 23 4ganda No - , O Agenda Ilam.,.~ ~~a 8e0. 33-254, Creation, Review of Plan, Criteria. The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of con- tinuous street frontage on one (1) public street if it finds the district: (1) Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; (2) Would be compatible with surrounding properties. In considering whether a district and sign plan is "compatible and clearly superior", the commission and council shall consider, but are not limited to consider- ing the following: (a) Scale, The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. (b) Color The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to their surroundings. (c) Material The materials of the signs and how they relate to their surroundings. (d) Shape, The shape and design of the signs and how they relate to their surroundings. (e) Lan cai_gds_ t The relationship of signs to land- scaped features in and outside the district. (f) Traffic Saf ~~a Traffic circulation. The impact of the signs on driverls view, the degree to which view obstructions are created or improved, avoid- ance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. (g) Illumination The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. (h) Integra ton How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, land- scaping, traffic circulation and other development PAGE 24 AQendaNo Agendalteot_ '°'3r9 Date l~ features of the district and neighboring property. (3) Is not being used merely to avoid or gain a variance of the sign regulations; (4) Does not violate the spirit or intent of the sign reg- ulations; and (5) Complies with the requirements of this section. SECTION XXVIII. That Chapter 33 of the Code of Ordinances re- lating to "Signs and Advertising Devices" is hereby amended by renumbering section 33-256 entitled "Conditions imposed" so that hereafter same will be referred to as Section 33-255 and by adding to and revising new Section 33-255 so that hereafter same shall read as follows: Sao. 33-255. Conditions imposed. zoninghc mmission may recommend and velopment department and the planning and appropriate conditions concerning the placement, design or use of thsigns in the comply orer to with the protect intent of r this d chapterperties, ;ECTI, ON XXX. That Chapter 33 of the code of Ordinances relating to "Signs and Advertising Devices" is hereby amended by renumbering section 33-257 entitled "Procedures" and Section 33-258 entitled "Designation on zoning map" to Sections 33-256 and 33-257 respectively. SECTION XXX, The provisions of this ordinance are separable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance, SECTION XXXI. That any person violating any pruvision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, SECTION XXXii. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (20) days of the date of its passage. PAGE 25 AQea69 No~3 No, 1 agenda Ifem x'.34 PASSED AND APPROVED this the 1993. day of BOB CASTLEBERRY, MAYO-R- i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: r 4- / PACE 26 E J Fj ff ~z$ CITY=:.. , lm+,.. COUNCIL 1 ~ qtr :4+4 PUT 0 ti r • ~ o b C ~bo~M t ` oo°~ DATE: March 2, 1993"doNO, ~ A~e~dalt 3 o~te CITY COUNCIL REPORT Pet ef c ~4' 3 T0: Mayor and Members of the City Council O FROM: Lloyd V. Harrell, City Manager SUBJECT: SIGNS IN PLANNED DEVELOPMENTS RECOMMENDATION: The Planning and Zoning Commission recommends approval. CRY: The ordinance amends the zoning ordinance to state that signs in planned development districts which would deviate from the sign ordinance standards would be evaluated according to the same criteria for establishing special sign districts, and is consistent with the language in the sign ordinance. BACKGROUND: This is a clarification of existing standards. PROGRAMS DEPARTMENT OR GROUPS AFFF=: Planned Development district signage. F.L CAL IMR GT: None. Respectfully submitted: c I'!' Prepared by: Lloyd V. Harrell, Ci Manager 4'nk H, Robbins AICP Executive Director Planning and Development ATTACHMENT! Draft ordinance AXX00206 C:\wPDOCS\ORD\SIGNAEG.OAD 'Venda t4o a95nda i!err 03 le ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REG[FLATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES BY ADDING SECTION 35-154.01 RELATING TO DEVIATIONS TO THE GENERAL SIGN REG- ULATIONS BY AMENDING ARTICLE IV REGARDING PLANNED TRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A ENT MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING OR AN EFFECTIVE DATE. WHEREAS, the City~s sign ordinance allows deviation from sign regulations by utilization of special sign districts; and WHEREAS, the City's zoning ordinance allows deviation in a planned development district to sign regulations but fails to set forth a criteria for evaluating if such district is substantially in compliance with the City's sign regulations; and WHEREAS, the criteria used in approving a special sign dis- trict would be appropriate to use in a planned development district in determining substantial compliance with the City's sign regula- tions; and WHEREAS, the Planning and zoning Commission has recommended that the criteria for approving a special sign district should be utilized in deviating from sign regulations in planned development districts; NOW, THEREFORE; I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEMCT- -01_:,, That Division 2 ("Approved Procedures") of Chapter 35 of the Code of ordinances is amended by adding a new section 35- 154.01 to Article IV entitled "Planned Development Districts" to read as follows: Sec. 35-154.01. Deviation from general sign regulations. (a) Deviations from the general sign standards may be con- sidered if the continuous street frontage in the planned development district is less than that required for ccn- sideration of a Special Sign District. (b) Deviations from the ground sign standards may ba approved as long as the deviations equally meet the objectives of the sign regulations and such deviations are necessitated by the design of the development within the planned de- velopment district, and if such deviations are found to meet the same criteria as that for creation of a Special Sign District. I I f i Agenda Item (c) Approval of deviations from general sign standards shall be supported by written findings approved by the City Council or the Planning and Zoning Commission. SECTION III The provisions of this ordinance are separable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION III. Thai any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. ,Sis-TION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1991. BOB CASTLEBERRY, MAYOR ATTEST= JENNIFER WALTERS, CITY SECRETARY Sys APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs✓'yf~'i~ f3L~c 'ZI PAGE 2 I T - r ;II-'rik~ 'rtr '.I r ~;f$ f } t:+:yl y♦' I~ 4 +l uIt CITY COUNCIL H f Z t tj`T7 It r l' fI I`;:2: 1 t,rr I I G I I I ~°l ct ♦ p 0 ~ 11 IT, x T 11 i I I NO.~ -~U DATE: March 2, 1993 AQWU It ~•~Y. ? , e- CITY COUNCIL REPOR IAa Y T TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: DESIGNATE 915 WEST OAK AN HISTORIC LANDMARK r RECOMMENDATION: P & Z and HLC recommend approval. SUMMARY: see P & Z report. BACKGROUND: See P & Z report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Preservation Program. FISCAL IMPACTt Potentially, a 50% City of Denton property tax reduction fcr 10 years on this site. bmitted: Respect llyy/su4~e v Pr epared by: Lloyd V. Harrell, city Manager Ro bins AICP Fran idl Executive Director Planning and Development AHM0O2B2 ~ f I kI r Agenda No -Sys agendaltem e r ? i 8 REPORT Tot Mayor and City Council Case No.t H-92-002 Meeting Datst March 2, 1993 r GENERAL INFORMATION Current Oxneri Robert and Peggy Capps 915 West Oak Denton, Texas 76201 Requested Aotiont Approve Historic Landmark (H) designation. Location and Siset 915 West Oak. .422 acres. Surrounding Land Use and Zonings North - Single family, SF7, in the Oak Hickory Historic District. f South - single family, MF1, in the Oak Hickory Historic District. I East - Single family, MF11 in the Oak Hickory Historic District. West - Single family, MF11 in the Oak Hickory Historic District. Denton Development Plant Low Intensity. i SPECIAL INFORMATION This is not a zoning use change, therefore infrastructure will not be affected. The proposal is to designate the structure an Historic Landmark. This will enable the owner to take advantage of the City of Denton's property tax abatement ordinance for "H" designated structures. If approved, the owner may apply for a 501 tax abatement for 10 years. agendiNo - AgendalfrL (Case H-92-002) March 2, 1993 Page 2 HISTORY The property was zoned SF-7 in 1969 and placed in the Oak-Hickory Historic District in lj80. A number of nearby dwellings have received landmark designation since the Historic landmark Preserva- i tion and Historic Districts ordinance was passed in 1980. The Historic Landmark Commission reviewed preliminary and final landmark designation applications and recommended approval on December 14, 1992. The Planning and Zoning Commission unanimously recommended a on January 13, 1993. pproval ANALYSIS The structure is located in the Oak-Hickory Historic District and qualifies for landmark designation based on a number of necessary criteria for individual designation as established in Sec. 35-215 of the Historic Landmark P::eservation and Historic Districts ordinance (see attached exhibits also submitted with the applica- tion). The criteria for approval is as follows: "(b) In making the designations as set forth in subsection (a) of this section, the City council shall consider but shall not be limited to one (1) or more of the following ariteriai (1) Character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United Statest (2) Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Placest (3) Embodiment of distinguishing characteristics of an architectural type of speeiment (4) Identification as the work of an architect or master builder whose individual work, has influenced the development of the cityt 1 ~ spends No G'D Agenda ItML.2 S ! r~l;e 22 (Case H-92-002) March 2, 1993 G' Page 3 I ANALYSIS, Continued (5) Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation; (6) Relationsh'.p to other distinctive buildings, sites or areas which are eligible for reservation an to a plan based on architectural historic or ocultural motif: (7) Portrayal of the environment of a group of people in an area of history characterized by a distinctive architec- tural style; (S) Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; (9) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States; (30) Location as the site of a significant historic event; (11) Identification with a person who significantly contrib- uted to the culture and development of the city, state or United States; (12) A building or structure that because of its location has become of value to a neighborhood, community area or the city; (13) Value as an aspect of community sentiment or public pride." The Capps have more than adequately documented the history and ' significance of the structure, particularly in reference to the work of the architect, Wiley G. Clarkson. Other than ordinary maintenance and modernization of utilities, no alterations have been made to the 1926 residence. f I agenda No. 9,3 ' ~YG .A Agendaltaat ofsc_ data (Case H-92-002) March 2, 1993 Page 4 RECOMMENDATION The Historic Landmark Commission and P 6 Z unanimously recommend approval. ALTERNATIVES 1. Approve petition. 2. Approve petition with additional conditions. 3. Deny petition. 4. Delay consideration. ATTACHMENTS 1. Location Map. 2. Application with exhibits. Withdrawn, Available on request in Planning and Development Department. 3, HLC Minutes. 4, P b Z Minutes. Axx002?c 1 f i OAK-HICKORY HISTORIC DISTRICT j Ti i- .i E+ 'T. I p7 x E+ E+ I i 'l. 9 ~ O 4 V Historic Designation = Single Family-7 Zoning = MF-1 Zoning = 2F Zoning yq SITE I 1 I Ih I 1 I14 Historic landmark Commission -Wanda No Minutes of December 14, 1992 ATTACHMENT 3 er, !t ~ Page 2 of 4 D dS 4518 T/,t Ill. Hold a public hearing and consider designating 915 W. Oak Street an Historic Landmark. Ms. Biles reported that she has reviewed the Historic Zoning application of Robert E. Lee and Peggy Capps for 915 W. Oak Street and made an on-site inspection of the property. The structure is located in the Oak-Hickory Historic and meets at least two of the necessary criteria for individual designation as established in Sec. 35-215 of the Historic Landmark Preservation and Historic Districts ordinance. Ms. Biles continued that the Cappses have more than adequately documented the history and significance of the structure, particularly in reference to the work of the architect, Wiley G. Clarkson. Other than ordinary maintenance and modernization of utilities, no alterations have been made to the 1926 residence. Ms. Bites concluded that the decision of the Commission would be forwarded to the Planning and Zoning Commission to consider at its meeting of January 13, 1993. Ms. Holcomb arrived at the meeting. Mrs. Capps stated that she and her husband had no knowledge of the previous owners or the architect at the time they purchased the home. Since purchasing the home, Mr. Capps researched the information and has met with the Mr. Clarkson's daughter-in-law. Annabeth Clarkson now lives in Walnut Springs. Mrs. Capps invited the Commission to tour the home anytime. In Favor; No one present spoke In favor of the request. Op sed; No one present spoke in opposition of the request. Ms. Abbott closed the public hearing. Recommen ation# Ms. Biles stated that staff recommended approval of the request. I Dec'slont Mr. Barker moved to recommend approval for designating 1 915 W. Oak Street a Historic Landmark. It was seconded by Mr. Bailey and unanimously carried (7.0). 33 i Agenda' e, Attachment 4 We P&Z Minutes January 13, 1993 Page 3 1 II building. Mr. Robbins said yes. Ms. Flemming asked about the curb cuts for the Elm-University Addition. Mr. Yost pointed out their location using the overhead projector. He said that the curb cut on University was granted a variance by the Traffic Safety Commission Motion to approve the consent agenda carried unanimously (5-0). Mr. Glasscock moved to postpone consideration of item a, the final plat of the Lakewood Addition, until the next meeting. Motion was seconded by Ms. Huey and 1 unanimously carried (5.0). IV. Hold a public hearing and consider designating 915 W. Oak Street as a historic landmark. Mr. Robbins said that the house is currently in the historic district. The land use is not changing and the underlying coning will remain the same. The owners will be able to apply for the 50% tax break. The Historic Landmark Commission has found that the eligibility criteria have been met. On question, Mr. Robbins explained that the tax break was initiated by the City as an Incentive to preserve historic properties. The petitioner was present but had no additional comments. No one was present to speak in fovor or in opposition to the designation. RECOMMENDATION; Mr. Robbins stated that the Historic Landmark CommWlon recommends approval of the designation. i Chairman Engelbrecht closed the public hearing. Mr. Willis arrived at the meeting. Mr. Cochran stated that he has had the opportunity to review most historic designation applications. He commended the applicants on their research Into the historic value of the structure. He moved to recommend approval of the designation of 915 W. Oak Street as a historic landmark. Motion was seconded by Ms. Huey and 3~ I i I P&Z Minutes January 13, 1993 l' Page 4 u L nanimously carried (6.0). V. Hold a public hearing to consider modifying the screening requirement for .135 acres of land known as Lot 2R, Block 1, Offenbacker Addition. STAFF REPORT: Mr. Yost stated that the Commission has the authority to review modifications to the landscape requirements. A six foot screen Is required between office and residential uses. The applicant is compromising with staff in order to preserve the existing shrubs. The applicant is proposing to provide the necessary screen by utilizing a combination of 2" understory trees, existing evergreen shrubs, and 5 gallon Arbor Vitae shrubs. Water will be provided by hose when necessary. The applicant also proposes to preserve an existing 14" tree by covering the root zone with permeable paving rather than concrete. There is a fence on the adjoining property to the north. The fence is in fair condition and will last 45 years. By then, the existing vegetation will be at least 6'. Mr. Yost stated that the purpose of the me i1cation request is to preserve the existing vegetation. Ms. Huey asked what is special about the existing vegetation. Mr. Yost said the fact that it exists and is alive and growing. It serves to shield the property somewhat. Mr. Engelbrecht noted that the existing vegetation is obviously hardy and will survive. He asked if the Arbor Vitae is hardy. Mr. Yost said yes and that it is low maintenance. There Is a hose outlet on the e>asting building which can be utilized to water the vegetation. If a waiver were not requested, the applicant would have to provide a 6' screen. Mr. Cochran asked if the neighboring properties are owner occupied. Mr. Yost replied that they are mostly rental properties. Both the owners and the renters were notified of the proposed modification. Mr. Engelbrecht asked how tall the Arbor Vitae will be in 2.3 years. Mr. Yost said that It should be about 6' in three years. Eventually it will reach 1012 feet. It Is a very dense shrub. .35 ALL00432.WP5 AgequN0 sa~r. (ril:.r Agendalte„c_ /:'L `!L c ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 915 WEST OAK STREET A$ A HISTORIC LANDMARK UNDER ARTICLE V OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY :N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: II I SECTION I. That the building and land located at 915 West Oak Street, the land being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, is hereby designated as a historic landmark under Article V of the Compre- hensive Zoning ordinance of the City of Denton, Texas. I SECTION II. That said property herein described shall be indicated upon the zoning map of the City of Denton as a historic landmark by the letter "H", and the property herein described shall be subject to all of the terms, provisions and requirements of Article V of the Comprehensive Zoning Ordinance of the City of Denton, Texas, and such designation shall be in addition to any I other such designation established in the City's zoning ordinance applicable to such property. SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every dayy or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violatiuns such person shall be punished within the limits above. I SECTION IV. That this ordinance st. 11 become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. i i I Agenda 4a _ q..3 - ~o ~ Agenda I I@ NIS 3 PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY://c C~c c ~1 PAGE 2 ,31 . . ~r- .,S WIT ~ . Yfr COUNCIL tlt. t;;rlc t++ i ~00Go 0 Q O O a C M S OQQv QA70 GG4~ wIT: TIMMIMMUMIlum Illy Cl ItJ(Jh~i~'I 4 `•f ~lcrt, .Ird yi,'In h,~{--, „t 11~ , II!• ri~'I tll']' Ilrrr~l; I h,,,,t 1 I',.I r 1 r' I l l 1. } ''I 14'I, r t I C{' H I L I r ~ 1 iP ,l irt„' I t l l i t n I~ l, 1 I',. i•I l.il Vii,!, ilri!i! ~I { ! I i NWIMMF'NDU 1"%: r 1. 1 n r l iACKfildl: ht I ar'iJrn'I rN ('oRlfq c,¢ i o]I i III ! J:H C'of t he prnl I Ord t'hMtl t o litnlt, th,l<~r111irali,,,f Ihroin t ecy i a c l i p ilLion Ir r'nr tt II CJ' f„r 'dill r-11.11 RlafntrrlRp410 J! a r lld IRntnnsr' lplai '.c I(1 Jova ilydinv K•Irc°,f Inndmlrks and SLructl]les wit}lit! the boundaries or the link/Hickory Historic !District, i'hc plnpr,sed uhn"g„s '111 not only ❑ake it easier and faster for property ol;"l to do general ma intennn(°e and make minor repaIr5 to Ihe ir structuresr it kiiI also st of r It rr,nrrl of inell ' imprnv(,rlJlt.s to hir',tor i s sl rnrtltrr~s. I ti11MMAkY: I lhr, P tc""is ed rhanare•v tc. I ha tdinHuec wi I f roc u onl% the sienalnre r,f th%, i Jrr Presr r%at ion Vffi era! mnintt•nnur-,,, I~r~,1ei,-I -,r~l' for c'cn urrl i,rr porty' - nrrs :Irr nut roqutr', it Iu !lotIf% tto I.'Itt of any eivCrai matnteninav w'nrk, phis simple J,r,r,s wi w%,tk h!-inK d ~.,or~ li al,l:~riso Lhr staff of nn}• I I`1 hf 9!"III' sl IIJ(tilre" r'1'cat log 71 rl inral!lahlr maintopri"r-, r.,,., r I The MrClttI v P U9rpc tor I, I J I )hire t ho ant hot i t V r'll] r"nl J} 1 to ~r J'E'I',l'e trlin07' r'ipaJr IrI'O,IPCt.Sj i hev„ 1 . 01 1() 1& t',:mivsion fr,r nl„i c D J No io r e Ifio pino Lnndwi L i stii! rc"!r{ r1.. E„r n,.nat ion Iv~o,ict.s I I the :rnl,l If of the HiI,Lof lc Lanrlnia1 11 Fommisslon, Ih, thnnyl wiJJ , lhlc properly owners to .!rt fan!"r, mol otfirient npptoint fo RII rlCr J 1 ~ ' r f11a II]tnnflnrC' and I I91 I I I1i,,ieels, IPs!111Jn in less trustrntil nrid ,toI t% tnr 1 h1, n1,E,11'" !'r,ti nwrlr r's. f arlrJnlitr'k 1'r1 meIDr,r6 Ki l l have tD!' Pit lOrl 1 's at all I.inlr•s to rE1'lew' pro , icots rlppr-v,,,1 Icy sla ff, I i I 4gendeNo.-_9i ae { Agenda Item ~-3D we 3 a - 93 a g i'kttGItA4S, Itki'ARFMl,!v'75, Uk GM)OVS AlFlicipN: low I" `t ! f Y~ i n lip i,„ Hl,f.,tg I{I..I,t.j, Ir~s of I I i p t 1 I r f tn. h I. I FISIOA IMJQJ; II I,~,._~ritl .y tin hmlt•i"1: I r, l f19t' 7 i' I t i> ?1rtn~ttier e i41 I e.c Procerv nt.ior~ ltfficy1. ,trip; ovvd : { Prank fl. Nobbinsr Alt 'p E:svrut.ive i,irertor Plnnnin nnrl IiecEir~I,lnr,nt , 1 A: \H I Sfl1.ND. ORD aGeAda No _ 9.~ - o n y ~Qenda Iter+L~ S,-~~y~ Cote 3~y ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO HISTORIC LANDMARKS PRESERVATION AND HISTORIC DISTRICTS BY CHANGING _ THE TITLE OF SECTION 35-219 FROM "EXTERIOR ALTERATIONS AND CHANGES; ORDINARY MAINTENANCE, APPEALS" TO "EXTERIOR ALTERATIONS AND CHANGES; MINOR EXTERIOR ALTERATION; ORDINARY MAINTENANCE; HISTORIC LANDMARKS" AND BY AMENDING SUBSECTION APPEALS; 219 ENTITLED "CERTIFICATE OF APPROPRIATENESS" (A) OF SECTION 35-TO PR FOR APPLICATION PROCEDURE FOR PROPOSED WORK IN A HIS ORICO DISTRICT TO BE FILED PURSUANT TO AN ORDINARY MAINTENANCE PROCEDURE, MINOR EXTERIOR ALTERATION PROCEDURE, STANDARD PROCEDURE, OR EMERGENCY PROCEDURE AND SETTING FORTH APPEALS O THE CITY COUNCIL ITAND AMENDMENTS TO CERTIFICATES OF APPROPRIATENESS; AND BY REPEALING SUBSECTIONS (B), (C), (D) AND (E) OF SAID SECTION 35-219 RELATING GENERALLY TO BUILDING PERMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1: That Chapter 35 of the Code of Ordinances relating to "Zoning" is hereby amended by revising and adding to the title to Sec. 35-219 and subsection (a) of Section 35-219, -intitled "Certificate of Appropriateness, and repealing subsections (b), (c), (d) and (e) of Section 35-219 so that hereafter said section shall read as follows: Section 35-219. Exterior alterations and changes; minor exterior alteration, ordinary maintenance; appeals; historic landmarks. (a) ~itificate of annrobriateness, change, construct, reconstruct, expanNo persol d, restoresharemo eteor 1 demolish any exterior architectural feature of a designated historic landmark or allow the results of such action to be maintained unless application is made in compliance with this section for a certificate of appropriateness and such a cert- ificate is granted. As used in this section, the term "exter- ior architectural feature" shall include but not be limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way, A certificate of appropriateness obtained prior to the issuance of any building permit, shall be though the certificate of appropriateness review and buildng permit aanmuldtaother required permit review processes may be conducted Y• A certificate of appropriateness may also be 1 required for work not otherwise requiring a building permit. The certificate of LPpropriateness shall be required in ad- dition to, and not in lieu of, any required building permit. (1) Application, Prior to commencement of any work, the owner shall file an application for a certificate of I Agenda No 93 as Jf Agenda It8nr "2P fRte 3 x`93 appropriateness with the city preservation officer. The application shall contain such information as is requested from a form prepared by the preservation officer, the pro- visions of which having been approved by the city attorney. (2) Determination of procedure. Upon receipt of an application for a certificate of appropriateness, the preservation officer shall determine whether the applic- ation is to be reviewed under the ordinary maintenance review procedure, the minor exterior alteration procedure or the standard procedure for certificate of appropriateness review. (3) Ordinary maintenance. ordinary maintenance shall be defined as the process of stabilizing deteriorated or damaged architectural features (including but not limited to roofing, windows, columns, and siding), and will include any work that does not constitute a change in design, material, color or outward appearance, and include in-kind replacement or repair. (a) If the applicant is seeking a certificate of appropriateness to authorize only ordinary maintenance, the preservation officer shall review the application to determine whether the proposed work complies with the regulations contained in this section and all atapplonicwithableiordinances and (5) days approve of r its receipt the applic- (b) If no action is taken within five (5) working days a certificate of appropriateness is deemed to be approved. decision applicant adeny a by appeal tostheat - servation officer a written re Pree- ten (10) days of the decision. Thee written requesttfor appeal starts the standard certificate of appropriate- ness review procedure by the historic landmark com- mission, (4) Minor exterior _Alteration. Minor exterior alteration shall be defined as the installation of or alteration to awnings, fences, gutters and downspouts; incandescent lighting fixtures; hardscaping comprising more than twenty- five (25) percent of the front or side yard; restoration of original architectural features that constitute a change from existing condition; painting of wood or other approp- riate elements that constitutes a change in color from existing color; and additions and changes not visible from any street to the rear of the main structure or to an ac- cessory structure. (a) If the applicant is seeking a certificate of ap- propriateness to authorize only minor exterior alter- ations, as defined in this section, the executive i I agenda Ne --•=1s~~ Oo Agenda Mart eS p'.3 to 3-a- ya Jr,~Y 9 director of planning and development shall review the application to determine whether the proposed work complies with the regulations contained in this section and all applicable ordinances and approve or deny the application within five (5) working days of its receipt. ( b) If no action is taken within five (5) working days 04~ its deemed receipt, to be a certificate of appropriateness is approved. The applicant may appeal the decision to deny by submitting to the Executive Director of Planning and Development a written request for appeal within ten (10) days of the decision. The written request for appeal starts the standard pro- cedure certificate of appropriateness review by the historic landmark commission. (5) Standard procedure for certificate of a ro ria_ teness eview. (a) If the applicant is seeking a certificate of appropriateness to authorize work that is not ordinary or a minor exterior alteration, the preservation of- ficer shall forward the application to the historic landmark commission for review. The commission shall deny, approve, or approve with conditions any certif- icate of appropriateness application within thirty-five (35) days of receipt of a completed application. The historic landmark commission shall conduct a public hearing on the application to allow applicants and interested persons to present their views. (b) All decisions of the commission sha:l be in writing, stating its approval or the specific reasons for denying or modifying any applications. A copy of the certificate shall be sent to the applicant and a copy filed with planning and development department. (c) If a certificate of appropriateness has been approved by the historic landmark commission: (i) it shall issue the certificate to applicant; and (ii) if a building permit is required for the proposed work, a copy of the certificate of appropriateness shall be forwarded to the building official. denied, athecerti applicant me appropriateness has been writing co the city council by filingta writteni notice Page 3 Agenda No with the city secretary within ten (10) days of receiv- ing notice of the denial. (e) After a final decision is reached denying a certif- icate of appropriateness, no further applications may be considered for the subject matter of the denied - certificate for one year from the date of the final decision unless: (i) the historic landmark commission waives the time limitation because the historic landmark commission finds that there are changed circum- stances regarding the property sufficient to warrant a new hearing. A simple majority vote by the historic landmark commission is required to grant the request for waiver of the time lim- itation. If the historic landmark commission denies the request, the applicant may appeal in i writing to the city council by filing written notice with the city secretary within ten (10) days of receiving notice of the denial. (f) If final action has not been taken by the landmark commission within sixty (60) days of the preservation officer's receipt of the application: M (i) the preservation officer shall issue a certificate of appropriateness to the applicant for the proposed work; and (ii) if all other requirements of the city code are met and a building permit is required for the proposed work, the building official shall issue a building permit to the applicant for the proposed work. (6) Criteria for denial of certificate of appropriateness. A certificate of appropriateness must be denied if there is a final decision that the proposed work will have an adverse effect on: (a) the external architectural features of the historic landmark; I (b) the external architectural features of the prop- erties in the block or in the historic district as a whole; or (c) the future preservation, maintenance and use of the historic landmark and the historic district. (7) Amendments to a certificate of appropriateness. A cer- Page 4 11 apaidaNo _93 - c~2f Agendaltent._ ~S 3 7~ 7y9 tificate of appropriateness may be amended by submitting an application for amendment to the preservation officer. The application shall then be subject to the standard certificate of appropriateness review procedure. (8) Emergency Rrocedure. If a landmark is damaged and the building official determines that the landmark will suffer additional damage without immediate repair, the building official may allow the property owner to temporarily pro- tect the landmark. In such a case, the property owner shall apply for a certificate of appropriateness within ten (10) days of the occurrence which caused the damage. The protection authorized under this subsection must not per- manently alter the architectural features of the landmark. SECTION III: The provisions of this ordinance are separable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION IV: 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 V: That this ordinance shall beccme effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. D/RAAYYO,VITTCH, CITY ATTORNEY BY: Page 5 it Agenda No _JIS -Ge~) c' Agenda tt6mS3 E~tB,,, 3-a- 93 MINUTES S Planning and Zoning Commission February 24, 1993 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, February 24, 1993, at 5:00 p,m, Present: Mike Cochran, Richard Cooper, Jim Engelbrecht, Mary Evelyn Huey, Ivan Glasscock, and Melvin Willis Absent: Katie Flemming Present from Staff: Frank Robbins, Executive Director of Planning and Development; Mike Bucek, Assistant City Attorney; Owen Yost, Urban Planner; Karen Feshari, Urban Planner; David Salmon, Senior Civil Engineer; Jane Biles, Main Street Manager; Gerald Cosgrove, Water/Wastewater Engineering, Linda Holly, Executive Secretary; and Cindy Cranford, Secretary Chairman Engelbrecht called the meeting to order at 5:08 p.m. 1. January 27, 1993 Minutes ' Mrs Huey made the motion to approve the minutes of January 27, 1993 as written. Motion was seconded by Mr. Cooper and carried unanimously (6-0). II. Hold a public hearing and consider an ordinance amending the zoning regulations of Chapter 35 of the Code of Ordinances relating to Historic Landmarks preservation and Historic Districts by changing the Title of Section 35-219 from " Exterior Alterations and Changes; Ordinary Maintenance; Appeals to Exterior Alterations and Changes; Minor Exterior Alteration; Ordinary Maintenance; Appeals; Historic Landmarks" and by amending subsection (A) of Section 35-219 entitled "Certificate of Appropriateness" to provide for an application procedure for proposed work in a Historic District to be filed pursuant to an ordinary maintenance procedure, minor exterior alteration procedure, standard procedure, or emergency procedure and setting forth criteria for denials of applica- tions and appeals to the City Council and amendments to Certificates of Appropriateness; and by repealing subsections (B), (C), (D) and (E) of said section 35-219 relating general- ly to building permits; providing a severability clause; and providing for a maximum penalty of $2,000 for violations thereof. STAFF REPORT: Jane Biles, Preservation officer explained that the request was initiated by the Landmark Commission in order to make it easier and faster for property owners to do general - _r -T AwdsNo eeSl ate ~;.L3 PSZ Minutes February 24, 1993 G ' Page 2 maintenance and make minor repairs to their structures, and also give staff a record of such improvements to historic structures. Ms Biles stated that there would be a three tiered process. - 1. The required changes for general maintenance would require only the signature of the preservation officer. Currently the property owners are not required to notify the city of any general maintenance work. 2. The Executive Director will have the authority to approve minor repair projects; currently these have to go to the Historic Landmark Commission for Approval. 3, Major renovation projects will still require the approval of the Historic Landmark Commission. Ms, Hiles continued that the proposed changes will enable property, owners to get faster, more efficient approval for l maintenance and minor repair projects, resulting in less frustration a delay for the property owners. No one was present to speak in favor or in opposition to the petition. RECOMMENDATION: The Historical Landmark Commission recommend- ed approval of the petition. Chairman Engelbrecht closed the public hearing. Mr. Cochran asked if the home owner wanted to repaint their house and could not reach an agreement with staff would there be an appeals process. Ms. Biles explained. that the property owner would first go to the Landmark Commission, then to the Planning and Zoning commission and finally to Council. It was moved by Mr. Glasscock, seconded by Mr. Cooper, and unanimously carried (6-0). III. Consent Agenda: Motion was made by Mr. Glasscock and seconded by Mr. Cooper, and unanimously carried to approve the consent agenda as follows: a. The final plat of Lot 1, Block A, Eagle-Picher Addition. b. The preliminary and final replats of Lot JOR, Block A of ~iiC IT F Y _ OUNCIL t ~rzz~r:, t ,2..i i i i i ~~044U o _ 4 t O Oa 00~acoccsoo~°00~ E r 1 I~ r agenda No 1n3 00 Agenda Item D : March 2, 1993. CITY COUNCIL REPORT FORMAT I - TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF 3.85 ^ ACRES LOCATED EAST OF I-35 AND SOUTH OF MILAM ROAD. (A-61) I~ ~ RECOMMEN ATION: The public hearing is intended to give all proposed annexation the right to d be heard. s interested in the and Zoning commission is scheduled appearand a recommendation onaMarch 24, 1993. SUMMARY: On February 16, 1993 Council adopted an annexation schedule setting the date, time and place with regarl to the proposed annexation (A- 61). State law requires that a service plan be prepared providing for the extension of full municipal services to the area to be annexed. The service plan, a copy of which is attached, is available for public inspection and will be part of the annexation ordinance. BACKGROUND: The owners of Loves Country Stores propose to renovate and expand the existing restaurant and gas station on the site. Part of the site abutting the Service Road f 3 located in the city limits. Platting and zoning of this tract is currently in progress. PROGRAMS DEPARTMFNTC_OB_GROUPS AFFECTED: All city service departments including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parka and Recreation and Library. FISCAL IMPACT: The annexation and ultimate development of this tract will expand the city's tax base. f ' AQ n No. Age%4 j a f 3 E_ 119 7 ectfylly~spbm ; ` Prepared by: Lloyd V. Harrel i4Ce1~1,tq N, P"City Manager Harry N Persaud, AIC- p~- Senior Planner ` APPt'OvQd',~ ' cr~r Frank H. Robbins, AICP Executive Director Planning and Development I` ` Attachments: Attachment #1: Service Plan ` Attachment 42: Location map. I r i ` Ap Mj No _ 13 --4 Apand3*I A~I ` -10 We _ ✓ 3 s<- Attachme #1 SERVICE PLAN Annexation Number. A-61 Acreage annexed: ISS Acres r Location: Fast of 13S and South of Milam Road. (A-61) I I A. oli ice..,g-ery ices 1• Patrolling, response to calls, and other routine services will be provided on the effective date of f the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. r B. Elu brotection and £margen Medical Sur-m es f MS 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area,the same level of fire and emergency ambulance services will provided to this area as are furnished to comparable areas within the City. C. rater/wastewater Services Water and wastewater services will be extended to the property in accordance to the City's master utility plan and Section 34-118 of the Denton Code of Ordinances. Developers shall pay the actual cost of all water and sewer main eY.tensions, lift stations and other necessary facilities required to serve their development in accordance with the City's master utility plan and the Subdivision and Land Development Regulations. 1 F 6 r Menlo Na - c~ Agenda ItAm~c~S 3- 3 to The City may participate in the cost to overs~z water and sewer mains subject to fund availability and approval of the City Council. Where water or sewer main extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro- rata charges paid by persons connecting to or using such _ facilities to serve their property, according to the Subdivision and Land Development Regulations. ~h D. Solid Waste Collection 1. Solid waste collection will be property at the same level of servicevaseav ilable to comparable areas within the city, within 60 daye ` of the effective date of annexation. 2. As development and construction commence within this property, and the proper level, so fd waste collection rshall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. i E. Streets and Roads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire city, shall apply to this property beginning with the effective date of the annexation. 2. Routine maintenance of streets and roads in the annexed area on the effective will annexation using the standards and level of service as currently applied to comparable areas Cit . of the y. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the City. 4. Traffic signals, signage and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. 2 I Agenda No 11en1_ 1tJ~. Agenda nWe ) 3 7 5. Street and road lighting will be install a in the substantially developed areas in accordance with the established policies of the City. 1 F. Environmental Health and Code Enforcement Services 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through the use of existing personnel. 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3. The City0s zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. 6. As development and construction commence within this area, sufficient ,ersonnel will be provided to furnish this area with the same level of environmental health and code enforcement services as are furnished to comparable areas within the City. G. Planning and Develonmant Services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. Commercial (C) conditioned zoning classification is anticipated for this tract. 3 I Venda No ageodaltsm_tiJ ate ..._2.:2 I. Parks and Recreation Service Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, on the effective date of the annexation. The same standards and policies now used within the City will be followed in the maintenance of parks, playgrounds and swimming pools. J. Electrical Distribution rJ Electrical power will be made available to the site as required, at the same level of service currently being provided to comparable areas within the City. I K. Miscellaneous Street names and sign will be installed, if required, approximately six (6) months after the effective date of annexation. Residents of the newly annexed area may use all publicly owned facilities, buildings or services within the city on the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained in accordance with established standards and policies now used in the City. L. capital Improvements Proaram 1CIP1 The CEP of the City is prioritized by such policy guidelines as: 1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility or service. The annexed area will be considered for CIP improvements in , the upcoming CIP plan. The annexation area will be considered according to the same established criteria as all other areas of the City. 4 AgendaNo Agenda Itam,~S 3 E ATTACHMENTV-- Love's Country Stores, Block 1 Lot 1 l , NORTH l i ~ a °a O 18 I, I n i l Ix I F.M. 7163 MIJAX ROAD PORTION TO PR ANNEXED r PORTION WITIIIN CITY I ! II ~I r II ~ ~ r ROM Date: 213/93 Scales NONE rte: Trt } if 'f+}~ ~.r a ♦ : r FtCITYMU:,.- ,~COUNCIL #t 144 ~Y :1y fl I I ~r Q 4 4 d 4 O a° e IL 4. O"WQ~~Gt"- oOO.~ ZT. I ..i ~pendaNo a AQtrnffaRV evL DATE: March 2, 1993. J CITY COUNCIL REPORT FORMAT 1 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager ~I SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE lI OF CHAPTER 34 RELATING TO DEV STANDARDS AND REQUIREMENTS IN THE ETJ TO D ELOPMENT CLASSIFY TWO DISTINCT DIVISIONS WITH DIFFER EFIN INGERULES, REGULATIONS AND PLATTING REQUIREMENTS SEPARATED BY A REGULATORY LINE. RECOMMENDATION: The Planning and Zoning commission recommends approval. (6-0) 1 SUMrLARV: The ordinance establishes a regulatory line in the Extraterritorial Jurisdiction (ETJ) which defines two distinct divisions. Division 1 is that area located within the regulatory line and division 2 is that area located in the ETJ and outside the said regulatory line. The City's Subdivision and Land Development Regulations governing subdivision of land and development standards for subdivisions within the city shall apply to all areas located in Division 1. The subdivision standards of Denton County shall apply to all areas located in Division 2. Map showing regulatory line in the ETJ is attached. The ordinance provides for the Planning and Development Department to consider amendments to the regulatory line map in the following circumstances. (1) Whenever a certificate of public convenience and necessity for water and wastewater services is amended by the State. (2) When the Greater Denton Planning Area as defined in the Denton Development Plan is revised (3) When directed by the Planning and Zoning Commission and the City Council. AACKGROUND: The Planning and Zoning Commission Considered the regulatory line at its meeting on February 10, 1993 and voted 6 - 0 to recommend approval. City Council discussed the regulatory line at a study session on February 16, 1993 and directed staff to return with an ordinance. f ~ I i ~ I Agee4eNo_ 9Agen dalten~.Dale X93 PR ~F M$, DEPARTMENTS OR GRO PS AFFECTED: None FISCAL IMPACT: None i ' I Respectfully submitted: I Prepared by: / 4Llyd Harrell ~tN ,ager Harry F- Persaud, AICP ~ Approved: rank Rob ins, AICP Executive Director Planning and Development Attachment #l: Map showing regulatory line in the ETJ. Attachment #2: Ordinance. Attachment #3: Minutes of the Planning and Zoning Commission meeting of February lo, 1993. AVrACHMENT 1 r" P ~%PGR REG - TORY LINE ~ s REGOLAT RY L IN~ lei j I~~ 1 ' ~ - - i; 0 , o c1\wpdocs\ord\1ande.v.o Agenda it, em ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II OF CHAPTER 34 ENTITLED SUBDIVISION AND LAND DEVELOPMENT BY CHANGING SECTION 34-38 RELATING TO DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE EXTRATERRITORIAL JURISDICTION TO DEFINE AND CLASSIFY TWO DIS- TINCT DIVISIONS WITH DIFFERING RULES, REGULATIONS AND PLATTING RE- QUIREMENTS SEPARATED BY A REGULATORY LINE TO BE PERIODICALLY RE- VIEWED AND UPDATED; PROVIDING FOR INJUNCTIVE RELIEF FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i i WHEREAS, Section 212.003 of the Texas Local Government Code allows the City of Denton to extend rules governing plats, sub- divisions and other ordinances relating to access to public roads to the City's Extraterritorial Jurisdiction; and WHEREAS, Section 212.0045 of the Texas Local Government Code allows the City of Denton to define and classify divisions of land within the City's jurisdiction and not require platting for every division of land; and WHEREAS, the extraterritorial jurisdiction of the City of Denton extends for three and one-half miles from the corporate limits and beyond the boundaries of the Greater Denton Planning Area (GDPA) as defined in the Denton Development Plan and beyond the area defined in the City's Certificate for Convenience and Necessity (CCN) issued by the State of Texas pursuant to V.T.C.A., Water Code Section 13.242 relating to the city's supplying of water and wastewater services; and WHEREAS, the City of Denton has prepared a map of the pity's extraterritorial jurisdiction indicating a regulatory line, fol- lowing, insofar as possible, the boundaries of the GDPA and CCN, beyond which services from the City will be very limited, and allowing such area to develop pursuant to the regulations of the County of Denton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Section 34-38 entitled "Development standards and requirements in the extraterritorial jurisdiction" of Chapter 34 relating to Subdivision and Land Development of the Code of Ordinances of the City of Denton is hereby amended so that here- after such section shall read as follows: A0enda No AgertdaIterrt~ l Sea. Development standards and requirements in the extraterritorial jurisdiction. (a) The Extraterritorial Jurisdiction of the City of Denton is classified into two (2) divisions as indicated on the map reflected in Exhibit "A" attached hereto and made a part hereof for all purposes. Division 1 is that area located within the regulatory line reflected on the map referenced above. Division 2 is that area on the map located out3ide the regulatory line defined in Division 1. (i) All of the provisions of this chapter governing sub- division and development standards for subdivisions within the city shall apply to all subdivisions and developments within Division 1. I (ii) The subdivision and development standards of the County of Denton, as such standards exist today or as they may hereafter be amended, shall apply to all subdivisions and developments within Division 2. The approval of plats by the City for subdivisions and developments in the extraterritorial jurisdiction comprising Division 2 is not required and such subdivisions and develop- ments must comply only with development or plat re- quirements of Denton County and state law. (b) The Planning and Development Department is directed to consider amendments to the regulatory line map whenever the certi ficrte of public convenience and necessity for water and wastewater services is amended by the State, the Greater Denton Planning Area as defined in the Denton Development Plan is revised, or when dir- ected by the Planning and Zoning Commission and City Council but such amendments shall not be effective until the revised regulatory line map is approved by the City Council. SICILOLX. That the regulatory line map reflecting Division 1 and Division 2 of the extraterritorial jurisdiction shall be subject to review by the public in the Planning and Development Department. SECTION III. That any person violating any provision of this ordinance shall be enjoined pursuant to the authority granted the City of Denton, Texas, by Section 212.003 of the Texas Local Gov- ernment Code as same exists today or may hereafter be amended, and such person shall be subject to the sanctions and civil penalties allowed the City under V.T.C.A. Local Government code Section 54.011, as amended. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Page 2 Apanda Na Agendaitem_ fate 3 _ Secretary is hereby directed to cause the caption of this ordinanne to be published twice in the Genton Record-Chronicle, the official newspaper of the City of Dent-n, Texas, within ten (SO) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. r~~I I BOB CASTLEBERRY, MAYOR I i ATTEST: JENNIFER WALTBRS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FOPM% DEBRA A. DRAYOVITCH, CITY iTTORNEY BY: Page 3 ~genQaNo _ ~3 _ agaNa I10M ,_L ,S .102 f ATTACfIMF.NT 3 MINUTES / - le Planning and zoning Commission/Public Utilities Board G February 10, 1993 The regular meeting of the Planning and Zoning Commission and a joint meeting with the Public Utilities Board was held on Wednesday, February lo, 1993 in the Council Chambers of City Hall, 215 East McKinney. r Present from P&Z: Richard Cooper, Jim Engelbrecht, Katie j Flemming, Ivan Glasscock, Mary Evelyn Huey, and Melvin Willis P.bsent from P&Z Mike Cochran Present from PUB: Bob Copelan, Bill Giese, Roland Laney, and John Thompson Absent from PUB; Lillie Clark Present from Staff: Frank Robbins, Executive Director for Planning and Development; Bob Nelson, Executive Director for Utilities; John McGrane, Executive Director for Finance; Jon Fortune, Finance= Kathy DuBose, Finance; Gerald Cosgrove, Water/Wastewater; Jerry Clark, City Engineer; David Salmon, Engineering; Harry Persaud, Senior Planner; Owen Yost, Urban Planner; Mike Bucek, Assistant City Attorney; Linda Holley, Executive Secretary; Cindy Cranford, Clerk-typist; and Olivia Carson, Secretary Chairman Engelbrecht called the regular meeting to order. I. Minutes The Commission postponed consideration of the minutes of January 27, 1993, until the next meeting. II. Hold a public hearing and consider an amendment to the Subdivision and Land Development Regulations concerning an area within the Denton Extraterritorial Jurisdiction (ETJ) beyond which the regulations of the County of Denton would apply and not those of the City of Denton. STAFF REPORT: Mr. Persaud stated that the State allows cities to extend subdivision regulations into the ETJ. Denton0a ETJ extends three and one-half miles from the city limits. State law also allows the City to divide the ETJ into divisions. Staff is proposing a division in which the City's subdivision regulations would not be enforced. ETJ developers are reluctant to provide improvements based on City standards +genda No _ ~3 y CC Agenda 'tile because the areas are so remote. Some of the ETJ aretwa a physically separated from the City by lakes or other towns. From a long range standpoint, it would not be easy to provide City services to these areas. The rooslator line has been delineated so that it includese thee gene al area defined as the Greater Denton Planning Area in the Denton Development Plan (DDP). The line also includes all areas for which the City has obtained Certificate of Public Convenience and Necessity (CCN) to provide water and wastewater services except those fringe areas which are located in the extraterritorial jurisdiction of another municipality. The CCN area covers approximately 144 square miles and is generally the same area defined as the Greater Denton Planning Area. Exempting areas outside of the regulatory line from the City subdivision regulations would not hurt tha City. If the regulations were enforced and the improvements were built, in 30-40 years when the City finally grew out to these sites, the infrastructure would need to be replaced. Denton will not be releasing any of its ETJ, it just would not be requiring the subdivision regulations to be met in the outer area. The regulatory line could be updated annually. Ms. Huey asked if there is much development in the areas between the regulatory line and the ETJ line. Mr. Robbins said that there have been two recent cases in that area. Mr. Pereaud stated that most developments in these areas are large lot subdivisions. Fort Worth has a separate set of regulations with lower standards for large lot subdivisions in its ETJ. People who live out in the ETJ do not expect City services. The enjoy the rural character. Mr. Engelbrecht asked how development in the ETJ would oe monitored. Mr. Clark explained that the City is working on an interlocal agreement with the County which would reduce bureaucracy. People would not have to go through two review processes. The County will provide platting information to the City. Staff will try to keep records of what standards are imposed. Mr. Glasscock noted that ETJ platting cases usually apply for variances. Mr. Clark stated that by establishing a boundary to which City subdivision standards would be enforced, people won't be coming in asking for variances that could get the City in legal trouble. The proposal would allow subdivisions to retain a rural atmosphere. Mr. eucek stated that the draft ordinance for the regulatory line provides that the line would be reviewed with any changes I Agenda No !3 C' Ag6ndaltgnL =5-... ,~y ~ in the DDP planning area or water/wastewater distribally, systems- Generally the line will not be changed annually. The City cannot just change the line because someone starts developing something. To look at specific cases could be called arbitrary and capricious. If a development is outside the regulatory line, it will have to follow County subdivision standards. This proposal is a little different from what is being done by other cities, but other cities that have different standards for their ETJ are not having any problems. Mr. Clark stated that the first step towards this concept was the adoption of the 8000 foot rule which says that any project 8000 feet from a water line will not have to extend infrastructure. Mr. Wi111s asked if developers would have to receive approval from both the city and the County and if khis proposal would spur ETJ development. I Mr. Clark sated that the intent is fer the City to be notified early on about developments. Annexation would always be an option. The City would let the County act as the its representative. The City will not have contact with willlnotrbe obThe City toluseithe City' s recommendations. they the county fails to perform as expected, the interlocal agreement can be terminated. Mr. Bucek said that the County will provide the City with 1 decopies of filed plats. The inspected to see if plats can meeting reviewed the C County's standardb. He said that he does not want an annual review in ti,e ordinance. An annual administrative review would be ok however. If the DDP or the water extension system is changed, then there would be a rational basis for reconsideration of the regulatory line. It is not rational to review the line just because of a particular development. On question hr. Persaud stated that the proposed regulatory line could be extended up along the Elm Branch of the Trinity River in order to include all city limits. Mr. Bucek said that it is the Commission's prerogative to determine if a regulatory line is needed. One reason is that requirements for City standards may cause some people to develop outside of Denton County. Development in Denton County indirectly helps the City. Also, a regulatory line will not damage the tax base. Charlie Patterson, president of Properties of the Southwest, stated that there is an enormous amount of people that would like to own 3-5 acres within commuting distance of cities. His company only does country subdivisions. They cannot develop their product with City regulations because it would ag9ndi No _ Y. . Agendallm h. S F mre -=~2- -5_ be cost prohibitive. To do the improvements th,,ey would hav2 to do City sized lots for which there is no market. There will not be any development in the ETJ if City standards are enforced. Bringing people into the County does benefit the City and they are very much in favor of the proposed regulatory line. ; Ms. Huey asked if there would be firm enforcement of City standards within the regulatory line. Mr. Persaud said yes, the current process would continue. There would be no enforcement of City regulations outside of the regulatory line. The staff of various departments has looked at this proposal and worked together on it. Staff recommends approval. r Chairran Engelbrecht closed the public hearing. Mr. Glasscock moved to recommend approval of the concept of the regulatory line beyond which County standards rather thin City standards woulfo apply, with the extension of the line up the Elm Branch to include all city limits. Motion was seconded by Ms. Huey. Mr. Bucek clarified that the Commission would be approving the concept ::other than the draft ordinance for the regulatory line. Mr. Engelbrecht stated that the concept is a good approach. As with all new standards, modifications may be needed later for refinement. He would like staff to review the regulatory line on an annual basis for at least five years. Motion to recommend approval of an amendment to the subdivision Regulations by establishing a regulatory line in the ETJ carried unanimously (6-0). i i i r i F C IT '~i~ k COUNCIL r r .r.r~ err i I LLLLLLLLLLLLLLLLLLLL 0 ► 1) XT: 4 t ~ t Q G d ~ 0 0 % o~N OLt~oo~o M.M. -IM ~trt:r I lUr DATN@n/ - MY COUNCIL REPORT jt 2 J,C /X J i TO: Mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT; PRELIMINARY PLAT OF LOT 1, BLACK 1, LANE STAR PAR 3 ADDITION RECOMMENDATIONS A motion to approve with a condition that sidewalks along Loop 288 be required failed on a vote 3-3, The Planning and Zoning Commission then recommended approval by a 5-1 vote, at its February 24, 1993 meeting. 3UM ARY: The 35,864 acre site is located approximately 384 ft, east of the MK&T railroad right-of-way, and is situated between Loop 288 and Spencer Road. The tract is currently undeveloped, except for an old home- stead toward the north. The proposed use is as a golf driving range, and a par three golf course. There is a pond at the center of the lot - about 3.6 acres - which will remain, over 90% of the site, including the pond, is reserved as open space, and will be binding on any future development plans. Encroachment on the designated open space or need by a devel- opment for utility, water or sewerage will entail replatting and additional exactions. The Development Review Committee determined that five specific exactions should not be required of the applicant, using the "reasonable nexus" doctrine contained in Sec. 34.111 of the Subdivision Regulations. It was determined that a waterline extension, a sewer extension, certain drainage improvements, paving on Spencer Rd., and sidewalk along Spencer Rd, are not necessary due to their not hearing a reasonable connection to the need created by the intended development, The Planning & Zoning commission agreed with the recommenda- tions of the Development Review Committee to not require five exactions. They also voted, by recommending approval of the preliminary plat, that two additional exactions, required by the subdivision Regulations, not be required. These excluded exactions are sidewalk construction along the Loop 288 ft. of der, ainand agn channele Thpilot ese, the nCommission felt, nalso ybe600 ar no reasonable connection to the need created by the Intended PAGE 1 ~ development, particularly in light of the Nola No on buildable area. plakuwm ltricti^n'() 'O'M/ 9ACKGROUND: ~ ~f' ~ I The majority of the land is currently in a Light Industrial (LI) zoning district, and a small portion is zoned Agriculture (A)• No change in zoning is necessary or planned. wat City electrical and solid waste services are available. A foretheeIntendedeusec sewage disposal system are appropriate pp I Tue latidoes not conform to the minimum requirements of the SvIon and Land Development the Code of ordi ances. However,RifutheiCity Council votes that allseven exactions are unreasonable, this plat is approvable. preliminary PROD A}RR- DEp--- ~RTM1'NTS OR GROUpS ncrrnm~ . None. FISCA~pnrmt None. Respectfully submittedt Preparedt Lloyd v. Harrell, C ty Manager G. Owen Yost, ASLA Urban Planner APprovedt F ank !i. obb ns, AICP Executive Director Planning and Development ATTAC~TY t I Location map • Preliminary plat AXX002FC ~ Sec. 34-111 of Sub. Regs. PAGE 2 ~ Agenda No e i2 i'LY Agenda lllim_2E .l J41 ATTACHMENT 1 ~ila._ P-93.001 Lone Star Par 3 3 NORTH m l 11 s 11 ~ •rr• I ~ ' f ~ - it ~,I ~tr• h Wy r f 14 ~ t 1 SITE t 4.~ /.E1Jl~ e d.0 I 1` -r- I~^ Y I \ gl, ~ Dale: 2/18193 Scale: NONE Agenda Na Agenda I ATTACHMENT 2 P-93.001 Lone Star Par 3 s NORTH - w` Y*9 LL AM LO I oC A 38 AC A w - AMY" 12t"" dog Preliminary Plat Date: 2/18/93 Scale: NONE ATTACHMENT 3 AgendlNa SUBDIVISION AND LAND DEVELOPMENT Agenda ltsm.g 3s.11:1~~i! Owls _ .f-~ - 93 r an avenue to apply new and inventive planning concepts that are not readily accommodated by traditional regulations. In reviewing planned development plans, traditional standards tre 1 utilized as the base standard for comparison and guidance, Any modification of those Stan. dards must meet all of the following criteria! Ali 'the modified proposal would conform to the city master plans. i 2i Granting the modification will not have the eff-ct of preventing the orderly subdivi- sion of other land use in the area. 3+ The ncrd for a variance of requirements to accomplish a unique project design, as distinguished from a need for a variance for personal convenience. 1 The proposed development cannot be readily accomplished through standard zoning districts or subdivision processes. i ~5~ The proposed modification substantially accomplished the intent of the standard and improves the overall development design. Even though the modification may not meet the letter of the applicable standard, it provides for a better project design. For example, the requirement for drainage piping in residential streets might be waived if the design maintains all building lines out of the one-hundred-year floodplain and the system is designed to provide retention qualities that help correct downstream drainage problems, as well as provide a;sthetic qualities to the project. 'Ord No. 83.70, 3 Mpp, A, Art. 111, ch. 111, art. 3.09), 7.5.83) Secs. 31.100-34.110. Reserved, DIVISION 3. REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS See. 34.111, Purpose and Intent, rw The standards and requirements of this division are adopted for the purpose of en. suring that all developments provide, atno cost tothecity, forthe streets, sidewalks, streetlights, parking lots, water and sewer facilities, drainage facilities and other public and private im• provements and facilities which are reasonably necessary and adequate to serve the develop- ment. (b) This division is adopted with the intent of requiring each development to provide for those public facilities and improvements to serve the development to the extent that the required facilities and Improvements bear a reasonable connection to the need crtated by the development and to the degree that the development is benefitted thereby. IOrd. No 83.70, 4 liApp. A, Art. 111, ch., IV, art. 4.01), 7.5.83; Ord. No. 88.103, 41, 8.21.88) ' Sec, 34.112. Application and interpretation. !al All persons developing property to which thl^ Code applies shall design, construct, install and provide for the facilities and Improvements specified in this div,slon in accordance with the standards and requirements of this Code and the city's master plans. 2393 y AQW1 No AgenQ D P&Z Minutes ate February 24, 1993 February 24, 1993 Page 4 VI. Lone Star Par 3 Addition. a. Hold a public hearing to consider two variances to the Subdivision and Land Development Regulations r egarding sidewalk and drainage requirements for the site pisplocat d neast aof the MK Td railroad tracks, between Loop 288 and Spencer Road. b. Consider the Preliminary Lone Star Par 3 Addit ion, located 1' Block 1, aroxima 1390 feet east of Colorado Blvd., and padjacenteto LOOP 288 and Spencer Road. VI. b. Consider the preliminary plat of Lot 1, Block 1, Lone star Par 3 Addition located approximately 1390 feet east of Colorado Blvd,, and adjacent to Loop 288 and Spencer Road. STAFF REPORT: The staff report was given by Owen Yost, Urban Planner. Mr. Yost stated that the tract is currently undeveloped. An old abandoned homestead is located toward the north end of the property. The applicant is proposing a golf driving range, and a par three golf course, There is a pond at the center of the lot which will remain. Over 901 of the site is reserved as open space, and will be binding on any future development plans. Encroachment on the designated ,e)pen space will entail replatting additional infrastructure, and increased drainage requirements, Mr. Yost said that the majority of the land is currently in a Light Industrial (LI) zoning district, and a small part is zoned Agriculture (A)• No change in zoning is needed or planned. City electrical and solid waste servi;;es are available, A water well ar.d septic sewage disposal system are appropriate for the intended use. Chairman Engelbrecht asked if there were any questions of Mr. Yost or any comments, Ms. Huey made a motion for approval of the preliminary plat as presented but with sidewalks on Loop 288, chairman Engelbrecht said he agreed with No. Huey ,VM No Rpendalte~.. ~S ~yl~~ P&2 Minutes c~ February 24, 1993 fJ Page 5 and would second the motion. He asked if there was any more discussion. Mr. Willis asked how many feet it would take to connect to the railroad. r Mr. Salmon said it was about 500 to 600 feet from the property line to the railroad. Chairman Engelbrecht asked how far the railroad was from the shopping mall. Mr. Salmon indicated that Target was located directly behind the railroad. Chairman Engelbrecht asked if there were any other comments. He asked for a vote. The vote was 3-3. The members opposed were Mary Evelyn Huey, Mike Cochran and Jim Englebrecht. The motion failed. Mr. Cooper made a motion to approve the preliminary plat as submitted. Mr. Willis seconded the motion. Mr. Cooper said that he was not opposed to sidewalks, but did not see a need for an undue burden. City could come back when someone else comes in and require sidewalks. He went on to say that somewhere along the line he could see a sidewalk need, but it was not necessary at this time. Chairman Engelbrecht said he had no problem with the drainage L!sue just the sidewalks. He stated that he could see other areas of the City where we did not require sidewalks and now we have beaten paths. Mr. Glasscock said he agreed with chairman 1 Engelbrecht about the sidewalks. He did not think there was a need for the sidewdi;: regulations now. He said that he would like to see the business go in and stay for a long time. Ms. Huey asked that Attorney Bucek again outline what would happen if someone wanted this property for any other use. Mr. Bucek stated that if someone comes in and this ApendaNo I O - 04 _ Aoendaltwn S [hle 3.~~? p~3 P&Z Minutes D February 24, 1993 Page 6 plat is approved anyone else could use the outlined area. They would not have to replat. No major user could use the plat unless they replatted. Ms. Huey asked if the back of the property could be used for abandoned cars. r Mr. Bucek said he didn't think so. Mr. Robbins said there could be no storage on the property. Mr. Bucek said you cannot store in open areas. He also said that approval of the plat constituted a "reasonable nexus" determination on all seven exactions. Ms. Huey said she thought the gentleman deserved a decision before the meeting closed. She said given the deadlock she was willing to change her vote. Mr. Cochran said what we have here are two views of the world, (Talked about pessimist and optimist) Mr. Englebrecht said he was still in opposition and that the business would probably be there for a long time. Mr. Engelbrecht asked for a vote. The motion carried 5-1 with Chairman Engelbrecht voting in opposition. a., f .f XITY=f t ~tCOUNCII 1 t~ I i I 7 ~QO • o s 6 i O T- q .--CDC :XXX T.- MIM: 1 ITT7 f 3 1 ~pa3deNa, ~ - CITY COUNCIL REPORT FORMAT AQlfidAlt!(II l T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Denton County T Donald F. Hanna itle Co./ RECOMMENDATION: Tile Tax Department has mailed an Overpayment Letter 'T Application and for Refund to the taxpayer. All completed forms and necessary documentn- n have reeommendsbeen returned, requesting this refund, which the Tax Technician SUMMARY: Chapter 31,11 of the Texas Property Tax Code requires the approval of the governing body of the taxing, unit for refunds in excess of $ 500.00. Denton County Title Co, has requested a refund in the amount of P80.4,90 because they paid after the mortga¢e comnanv had paid Acct, rn23147. BACx~OUND Denton County Title Co. & Mr. Nanna's mort(*a,F•e company each made payments of $ 804,()0 nn Decemher 31, 19.92. This resulted in an overnavment of $ 804.:10. A tax refund is due. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: ThC' Tax Denartment and the tax nrcount of Donald r, Nanna FISCAL. IMPACT: $ 804.90 RES E ~ ~Y S( I l/ TT D: oy acre City Manager Prepared by: ame Vic 5ehnei Fr Title Tax Technician Approved: awe, Marla~r~ frrson F Title Trea 2633C/3 I AplndttNe AgSnda Iterft_.~ ~ Slab P,eperh Tay Ill APPLICATION FOR TAX REFUND Date. Refund Applfutbn 71.tt(d/1t) 1 Collecting Office Name: _ _ Collecting Tax For I axing Units} t Address City, State, Zip Code i In order to apply for a tax refund, the following information must be provided by the taxpayer, IDENTIFICATIO OF PROPERTY OWNER: Name, AyNR1 DOAM4-7) i Address: 1NDSO2 VIOTI)•), TX ?6 cry- /7_ f Telephone Number Id additional Information is needed): _ IDENTIFICATION OF PROP TY: Description of Property: _~UOA) 7D111 , 4 eCK 40 r 4 Address or Location of Property O IA) Dso.t L fNTCAJ1 J Account Number of Property: D,~ ?„2 2 or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: ' Name of Taxing Unit Year for Amount of ! From Whic!+ Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 0 'o 1. F ZkAyaJ 19 ~ 1 1 19 2- s 80 v` $ _,90,9o 21 /19~ $ s 3. 19 ! 19 _ S Taxpayer's reason for refund (attach supporting documentation): _TT~f C'o n~g,~,r A90eT44L 414cd A4 yD TNP TAYo,*Yeoes T.4 X Truro J CouA/Ty %/ref o?fa k.1 5rixlG ,QfFitN o.F 7,Wf r~d&,V- cep, "I hereby apply for the refund o e abov"escribed taxes and certify that the Information I have given on this form i 6 reeon orrect." Foe : Vte►u7oL) eoze vre1/rcrCa ry~~6 a.. t e / . 1,3 5 . J Sign ure T Date of Appllcoi for Tax Refund ' DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized ONlcor Date Signature of Presiding Officer(s) of Taxlnpp Data Unit(s) for refund applications over So Any person who task" s lefee entryupon the fot"olng f sco, 'shell be sub(e61 to one of tM foaowlnp penalties; I. Imprllontaent of not more than 10 years nor loos then f years and/or a One of not more than 65,000 or both such One lad lmprloomment a, eenOnement In IAN for a term up to 1 year or a One not to exceed 62,000 of both such One andimpelsontaent s1 at forth In Section 31.10, PMeI Code. ntlyyp ll n i J 7OD COUNTY TITLE COMPANY THE DENTON BANXESCROW ACCOUNT BRANCH OF PILOT POINT NATIONAL BANX NO. BOX 2506 PH. b17-566-2216 DEWII TEXAS 7e701 005389 DENTON,TEXAS 76201 PAY Eight Hundred Four & 90/100 Dollars • OATS AMOUNT TO n`F 12 3/9 OAOFA x>t~a:t CITY OF DENTON TAX COLLECTOR (804,90 OF 1 32, File: 92501~21k~84111 : L L9060061: u10 L ti 78C 41' F'0000080440F, - - - - i - r f 1!L ~ ~ rr. ,V.t.. F f iu~utlr 'r. r r,r Y '1~, rla ~~C i Y.r r~...Ir1,.yk~Y';tl a7lt. '•.~r. I Alj.~r~r 'hT n' .•1 J rt • .r fti. f" ~~y «.~Ir}~J, f t14 , r I n.1 A i'~ r, a a .t t . 111""'' rrA,,.r~Piulf•'.f', t1Jhkt JirOt J f A 1 Y~1G'~.}rr' r wV.'♦ . i.l , 11... ' S4 ♦t': . ' f•. ~`rSr Y~ r1 MV~r7 R 1 1~:, r t _ 1 i J 1 't R ,n{~pj tlr rr Y L'L1% COO l- r ~ i'i C7 ~,'j ttfJ n.r "Y1.^+.rv r•..~.1, r 1 ` { u' . 7~1 'Li3~t 1 11 ''Ir Oi '~f ~.3 ~0lt'.+C~J ON y~ *r em 'VA -0-rr. 7 .t t.a~ REPORT F10RC5DW O$IC4/93 AT 2139 O V E R P A Y M E N T S PACE \ ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMI V 02]31200000 92/03/16-0246 BEAVERS, RANDY J AZALEA ST 35 90 OVERPAY 12835500000 92/03/16.0094 RILEY, JOSEPH P NOTTINGHAM OR 35.88 OVERPAY 288900000 92/03/17.0170 MINTER, FLORENCE PARK LN 10.00 OVERPAY 222100000 92/03/17.0192 ECCLESTON, JAMES E IMPERIAL DR 0.01 OVERPAY fl30185600000 050000000 92/0317-0129 JIM NEALE CONST CO INC STANDEFER CA 0.65 OVERPAY 1 308600000 92103/18-0189 KOLB, GEORGE P JR d CAYLEEN TEASLEY LN 969.93 OVERPAY 13 426300000 92/03/22-0115 NUCKELS, HAROLD D 8 BRYANT E N WOOD ST 0.01 OVERPAY 699700000 92!03/22-0153 HYMAN, PAUL A JAMES ST 001 OVERPAY 932500000 92/03/22-0243 BROWN, CHARLES V 49.31 OVERPAY 136200000 92/03/23-D126 MEMRICK, PAUL NORMAN ST 49.78 OVERPAY 223200000 92/03/28-0107 MILLER, WILLIAM A SKYLARK DR 35.89 OVERPAY 519000000 92/03/28-0237 LEE, CHI PING A BE FTV DONNA RD 35.69 OVERPAY 275600000 92/03/28.0306 HAVES, SUSAN J AUDRA LN 350.21 OVERPAY 054200000 92/03/28-0516 WERNER. CHARLES A OAK FORREST CR 0.01 OVERPAY 92/03/28.0553 COMMUNITY DEV INC WHITE OAK ST 0.01 OVERPAY 02224000000 92/03/28.0720 WUENSCHEL, SCOTT F CHISHOLM TA 35.89 OVERPAY 03184000000 92/03/28.0844 WINDHORST, MICHAEL D WHITE OAK ST 35.90 OVERPAY 10510100000 92103/28-0846 DUNKIN, STEPHEN C MISTY HOLLOW S 35.90 OVERPAY 03405800000 92/03/28.0963 PICUS, REBECCA SHERMAN OR 35,80 OVERPAY / 03525000000 92103123-0870 BLAGO, 80BBY AUDRA LN 35,90 OVERPAY 10263600000 92103/2S-0900 MCCARY. CLARENCE WILLOW STONE S 35.90 OVERPAY 02740600000 92103/28-1244 WITHERS, JOHN N PEMBROOKE PL 966.62 OVERPAY ICI 02896300000 92/03/29-0348 MCLAIN, LINDA BELLAIRE DR 35,69 OVERPAY 11532600000 92/03/29-0532 MELENDE2, DELFINO N WOOD ST 109.38 OVERPAY 90135900000 92/03/29-0596 PERRY HAROLD T PSYCHOLOGIST N LOCUST ST 11.29 OVERPAY 11637300000 92103/29-0658 MCGEHEE, FRANK T COLONIAL OR 0.10 OVERPAY 13245700000 92/03/29.0689 HERAAN, ALBERT L CARRIAGE HILL 642.37 OVERPAY 02278700000 9210300.0162 BAUDER, J04N F TOMLEE ST 395.11 OVERPAY 10288700000 92/03/30.0496 BOYD, DAVID K PEAR TREE PL 494.91 OVERPAY 02962600000 92/03/30-0534 HERDO, HERMAN 6 JEWELL E OAK ST 1.00 OVERPAY 03513800000 92/03/30-0662 THAMES, HAROLD STANLEY KENDOLPH OR 0.02 OVERPAY 02459200000 92/03/30.0805 SCHULZE, JAMES A PANHANDLE 5T 1,433.55 OVERPAY 03291000000 92/03/30-0621 FRANnLIN, BENJAMIN S BRADSHAW ST 68.24 OVERPAY 02039500000 92/03/3$-0034 MARSHALL, SAMUEL MINOR CA 35,22 OVERPAY 02524700000 92/03/3}-0064 FREEMAN, HAROLD N LOCUST S7 233.91 OVERPAY 02774200000 92/03/31.0076 ROSSER, JOHNNIE HILL ST }50.41 OVERPAY 03245700000 92/03/31-0$14 SCHULZE. JAMES A PANHANDLE S7 286.54 OVERPAY 09420400000 92/03/31.0149 ADAMS, JIM S BOLIVAR ST 5.25 OVERPAY 10727700000 92103/31-0191 HOOVER, RICHARD A W MULBERRY ST 24.68 OVERPAY 03150000000 92/03/31.0307 JUSTUS, DONALD BILL SUN VALLEY OR 309.06 OVERPAY 03090300000 92/03/31-0471 BRADLEY, R C BRADLEY ST 0.20 OVERPAY 90747000000 91/03/31-0692 LANDMARK SURVEYORS W HICKORY ST 0.02 OVERPAY 02282200000 92/03/31-0601 STONE, STEVEN 0 MCCORIIICK ST 281,65 OVERPAY 0313$200000 92103131-0725 BROWN, JIMMY DALE SUNNYDALE LN 0,06 OVERPAY 03405200000 92/03/31-0811 HILL, TONY R WILLIAMS ST 963,74 OVERPAY ..r 1AA10A.AAAAA_ 47!81/11-Gafl n11241PAN PAU1 eAGYelnc nP 4yg AR (tUEP_A,V 02324700000 92/04/04.0012 HANNA, DONALD E E WINDSOR ST 604.90 OVERPAY TOTAL OF OVERPAYMENTS 36,517,65 0.00 i 1 ~ 3.: CITY COUNCIL . 4.ii; i j 0P 04, is ~A. " % c ~ to s e ~4 GG4C~ 1 12 t t:: i I Apend~No. . CITY COUNCIL REPORT FORMAT Ap odllle TO: Mayor and Members of the City Council coo ~ l FROM: Lloyd Y. Harrell, City Manager SUBJECT: Approval of a tax refund to Source One Mortgage/ Bruce J. West RECOMMENDATION: - The ax epartment has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends, SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing: body of the taxing unit, for refunds in excess of 4 500,00, Source Ohe Mortgage has requested a refund in the amount of 1 1,170,74 because they paid the taxes nfter the taxpayer had already paid Acct #27383, BACKGROUND: -Source~T e Mortgage and ?r. West each made payment of S 1,170,74 on Acct. +27353, Mr. West paid on sec. 1, 1002 and Source One naid on Dec,16, 1992, This resulted in an overnavment of S 1,170.74. A tax refund is due, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:_ The Tax Department and the tax account of 0ruce J. West FISCAL. IMPACT: $ 1,170.74 RESPEC LILLY SUM T D: o acre City Manager Prepared by: ame Title Tax Technician Approved: ame Farb f ersen Title TreaX 2633C/3 1 sou vrcpMy r.. e•,re ApSfIdaNO 93 ' oD F• to nd 31.11 Pr ppl hm card •n7) APPLICATION FOR TAX REFUND Agl3nl~S d nate_ ✓ 1 2- Collecting Tax Office Norma r 1 d T , - T r. Collecting Ta Tax Far: ~ sT_ pn on 7_-- a2/S - C axing Units) 't) , GI 12en, Address City, State, Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer. - IDENTIFICATION OF PROPERTY OWNER- Name. Iles l Address: OPC1'PSI r^1r ✓/P41 n T Telephone Number (i} additional information seeded): I v IDENTIFICATION OF PROPERTY; Description of Property: ~~8/oc k / _ Lo f _ 3 Addrill Location of Property C Account Number of Property: 3 Sr Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for From Which Refund Which Refund Date of the Amount Amount n Is Requested Is Requested Tax Payment Taxes Paid Requested 2 n 19 19,E-2 $ $ O, y 3. 19 / 19- s $ Taxpayer's reason for refund (attach supporting documentation): T►'c•S st/e~~ ,v,~;~ ~r~, F SP/`yicr.c if /crlye°s'~iiz~ a ~Gr1 s~C o 7/t Or 9yVrv~7Y/yx e00 on /li d C /j r 7F "I he re by apply for the refund of theabove-described taxes and certi fy that the In}ormalion I have given on this form is true and correct." FrSO.itr Signature o275'S3' iaiin,rpr[.1 Date of AppliCatlot r lax Refund ----------•---------------cnu . itfl~lG, y l-.. - DETERMINATION FOR TAX REFUND; Approval Disapproval Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Data Unit(s) for refund applications over $500 Any Person who maker a false entry upon the foregoing record shelf be sub(M to on* of the following Penaltla; I. Impdsonm"11011 not more than 110 years not Inc than a yon and/or a nine of not more than 13,000 or both such time and Imprisonment; 2. confinement fn Jam for a tam up to 1 year et a One not to exceed 12,000w both such fins and Imprisonment ae eet , forth In Section 37,10, Penal Code. n71 Y4p 7111 i v 1 ® SourceOne. 275S5 Parrnloron Boar, 0378082 62 i! Mwy,,e 5'r,♦,,. Giq,r.mm Farmington HMs, HI 43334.3357 l,3aQ•09 0378082 DECEMBER Ols 1992 vaDtiraateowTs PBy THIRTY-FOUR THOUSAND FOUR HUNDRED Two AND 561100 OCLLAAS tt*#**'03di.4p2. bM` To THE ORDER TAX CCLLECTOR OF OMEN CITY SOL acr (MIM,pTG1VININ . VIVA&"4T,04 215 EAST MCKINNEY .Ccou( A` "s"°Hi row v.aovi "ar0AGE aAeeEt OENTGN TX 76201 A"o VA1CA NorGAcort MANUFACTURERS HANDY R BANK (DELAWARF~L INOTON, DELAWARE) 11000376082,1' 1:0 3 1 100 26 71; 6301403006 S04r` 0'0003440256,' 1 'r fll1 1 I' . \ I I r I 1 11YY 9 I. 1 L. I I,. i' ( '1 1 I 1 I "'t ?j rn J D1 '42' 21~ DE 92' 21 00011 . . l I a) F zal MONDAY 11730/42 11.OS.PM SOURCE ONE MORTGAGE SERYiCES CORPORATION 51Ax016 1Gt5044 PAGE 1 . F I N A L I A X D E R I 1 D U P L 1 C A I E R E P 0 R I B ICH- 0545768 o t X COLlEC10R - 42 121 00820 DENTON CITY TEXAS P RCEL IDENTIFICATION NUMBER --ACCOUNT AMOUNT CODE CHECK NO. _BATCH NUMBER: NOTED-MESSAGES 00126936-6 251,33 230 0545768 ddLK~$ee 8jpq 00288749-1 492.36 230 0545768 026153 00381702-6 407.45 230 OS45168 023785 00381754-1 334.08 230 0545768 031379 OOS81172-6 427,33 230 0545168 024466 00381773-4 $88.43 230 0545768 021142 00381780-7 584.73 230 0545768 t 051752 00390293-3 $55.60 230 0545768 082250 00390522-1 251.30 230 0545768 082252 00390360-7 218.76 230 0545768 034475 00390531-6 165.71 230 0545768 030241 00391122-4 570.35 230 0545768 026329 00391199-4 468.74 230 0545768 OS1977 OD391235-5 553.56 230 0545768 022631 00391321-5 258.65 230 0545768 023299 00391337-4 643.51 230 0545768 - 029341 00486033-5 266.04 230 0545768 028771 00943973-5 291.07 250 0545768 021513 10141832-1 269.09 230 0545768 024932 10143577-2 52.3? 230 0545768 024939 10143577-2 898.67 230 0545768 MULIIPLE TAX BILLS 021531 10143838-1 $50.31 230 0345768 102931 10146111-5 458.24 230 0345768 024834 10191501-3 494.46 230 0545168 023545 10191612-6 258.22 230 0545768 023192 106130404 368.44 230 0545768 029166 10620492-2 7569.40 230 05 $168 147436 10810952-7 0.21 250 0545768 086527 10811127-5 401.70 230 0545768 101298 10840392-1 370.44 230 0545769 1 203 10931145-5 295.74 230 0545168 ~I 031057 10932310-7 367.78 230 0545768 026204 10941179-5 581.95 250 0345768 {30997 11530435-1 1.040.94 230 545168 ?sjs 0299 7 11 1209-4 1,166.41 230 5545166 0 ?1243 11531211-3 848.05 230 0545168 022433 12006813-S 442.00 230 OSO W 030601 12007406-3 287.12 230 054,768 029413 128588001 :66 65681.61 22!0 0545768 031240 12050047.1.61 210 034 5168 104269 12050299-4 661.68 230 0545768 0!1520 12051379-1 582.15 230 0545760 1S6S12 12056862-1 854.y6 230 0545168 025118 029739 120$1119-3 291.6 210 0545168 12057492-3 468.10 2 0 0545768 022010227356 12058785-3 679,14 230 0545768 I f i i j MONDAY 11/30/92 11.03.PM SOURCE ONE MOATGAGE SERVICES CORPORATION STAXO 16 LGLSO a PAGE 2 F I N A t T A X 0 E 8 1 T D U P L I C A T E A E P 0 R 1 BAT0- 0545768 TAX COLLECTOR - 42 121 00820 DENTON CITY TEXAS PARCEL IDENTIFICATION NUMBER --ACCOUNT AMOUNT CODE (HECK NO, •BATCH NUM8EA• NOTED MESSAGES 115 035 12059713-3 S65.61 230 0545768 116271 12065796-4 792.38 230 0545)65 104285 1206!797-2 931.46 230 0545765 ' 024807 12664987-6 752.47 230 0545768 • 121004 12067021-1 4)8.76 230 0545768 023490 12067702-5 395.38 230 0545768 055121 12069905-2 250.65 230 0545768 024405 12069906-7 455.00 230 0345768 028419 3847 12072813-1 325.63 230 0545168 0322 20004798-s3 730.16 22330 054959168 f 07s11 ?0005074-5 1.318:93 230 8554 45166 031883 20005091-5 655.01 250 0545768 029547 20005839-3 283.81 270 0545765 025012 22012614-6 1.097.10 230 0545765 086840 2201<837-4 S)1.8S 230 0545)63 TAX TOTALS---- 34.402.56 66 DEBITS PUNCHED 0 DE811S NOT PUNFffD ~h . c; A PO,7T F 10RO5DW 02 19 93 Al 21 22 O V E A P A Y M E N T V ~~Qp PAGE 7 AGbLUNT NO. AECEIPI NO. NAME ADDRESS AMOVNI STATUS O1 PAYMENT 2979800000 91%09101-0027 CARtER, E J ROCkWODC LN 23 01 OVERPAY f 0163300000 91/09119-0001 6PENCER, JOHN MO SCRIPTURE ST 17 33 OVERPAY 3314300000 91/09/19.0000 RAMIREZ, DONALD HILL $7 2,65 OVERPAY 0279700000 91/09123.0010 THE VILLAGE LAUNDRY W UNIVERSITY D 78.00 OVERPAY 1031900000 91/09/230017 MUFFLER RACK W UNIVERSITY D 13.72 OVERPAY 1 2510300000 91/09/76-0001 MCCORMICN, JERRY W DAR9Y LN 4.01 OVERPAY 1 N 2041800000 91!09/29 0007 510VALL, DOR1S MINOR CFI 27.98 OVERPAY 1 2577600000 91/09/29.0015 BROWN, k DALE W PRAIRIE OR 6.59 OVERPAY 2D661OD000 91109/30.0010 AFAVES, ORAN 0 MULKEY IN 53.06 OVERPAY f/L' M 3321600000 91/10/01-0001 SWEATMAN, C J JR NEWTON 51 3,60 OVERPAY 2155300000 9t/f0/01-0002 YOUNG, CARL GENE SR MILL ST 4.82 OVERPAY 2417900000 91/10/09-0007 WILLIS, LOUISE CHAMBERS ST 47,41 OVERPAY 2A73600000 9t/10/26.0004 WADDELL. ALICE RAMSEY 3,19 OVERPAY 2417900000 91110!31-0037 WILLIS, LOUIS[ CHA Ma I A S 5T 181.79 OVERPAY 0172600000 91/11/11-0001 CAR WASH W PRAIA([ DR 3.00 OVERPAY 1 Zg11203200000 91/11/19.0006 DUTTON, ALMA LEE MRS SHERMAN OR 50.76 OVERPAY 1 5D278000000 91!11/24.0003 HODGES, DON 12.42 OVERPAY 09944000000 01/11/24-0004 OON'S OVERHEAD COCA$ SHADY DADS DR 19.00 OVERPAY 03712500000 91/11/01-0001 BELCH[", E W 6.18 OVERPAY I 02123200000 91/12/02.0001 0114ALTAR TRUST tIAL S ELM ST 43.19 OVERPAY 'I 03133100000 91/12102.0024 HAYES, JAMES F S BRADSHAW $T 1195 OVERPAY 02417900000 91/12/09.0005 WILLIS, LOUISE CHAMBERS ST 26,00 OVERPAY 03845300000 91/12/29-0004 PORTER, CURTIS 6 TANDIE SPURRIER 31.67 OVERPAY 90279200000 92/01/16.0007 THE VILLAGE LAUNDRY W UNIVERSITY 0 28,00 OVERPAY 02749500000 92/01120.0135 REED, ROBERT R AIDGECRESI CA 35.90 OVERPAY 02223600000 92101/20.0/4) CARUS, MOA1E CARLTON ST 11.11 OVERPAY 81073700000 92/02/10-0029 MOLLENHOPF, JAY TEASLEY F 77 L 41.39 OVERPAY 02911100000 92102/t6.0004 SL PROP MONTCLAIR PL 25.94 OVERPAY 18377700000 02102130.0069 LISSBEAGER, AL BERNARD ST 15.00 OVERPAY 03937200000 92/03/01.0120 FOUTS, I J JA MARSHALL 00 "54 so OVERPAY 811- !'IFTY MARY n nv1krr c_HOL1Y}111L_lEL 19,-O.O~YEY¢I.Y ~027]8]00000 2i01l18_010] WEST, BRUCE J RIOGECRE ST CA 1,170.74 OVERPAY 03308600000 92/0308.0fB9 KOLB, GEORGE 0 JR 6 CAYLCtN TEASLEY LN 969,93 OVERPAY 03932600000 92/03/22.0241 BROWN, CHARLES V 49.31 OVERPAY 02136100000 92/03/23-0118 MEMRICR ►A UL NORMAN ST 49.78 OVERPAY 10218600000 91/03/26-0308 RAY ES iUSAN J AUDRA Lk 360.21 OVERPAY 01740600000 92/0]/28-1244 WITHERS, JOHN N PEMBROOKE PL 958.61 OVERPAY 11532600000 02103129.0532 MELENDEI, DELFINO N WOOD ST 108.38 OVERPAY 90135900000 92103/29.0596 PERRY HAROLD I PSYCHOLOGIST N LOCUST ST 11.29 OVERPAY 02275700000 02/03/30.0162 BAUDER, JOHN P TOMLtt ST 395 11 OVERPAY 10268700000 92/03/30.0496 BOYO DAVID N ►[Aq TREE PL 494.91 OVERPAY 02062900000 92103/30.0534 HEACD HERMAN 6 JEWELL 4 03291000000 91/03/30.0931 ARANNLIN, BENJAMIN f E BOAK RA S1 1,00 OVERPAY SHAW St ee114 OVERPAY 02039600000 92/03/31.0014 MARSHALL, SAMUEL MINOR OR CA 236, 11 OVERPAY 02624700000 92/03/31.0084 FREEMAN, HAROLD E N LOCUST 51 1]3,81 OVERPAY 02774200000 92/03111.0079 ROSSER. OH NN1 HILL 51 15 41 OVERPAY 09420400000 02/03131-0140 ADAMS, , JIM S 0 MULBERRY 51 5 8 26 OVERPAY 10727700000 02/03131.0191 HOOVES, RICHAAD A w UVALY ST 24.66 OVERPAY 03160000000 02/03/31.0301 4USIUS, DONATE 9111 SUN VALLEY 309.08 OVERPAY 02162200000 9210331.0695 BIE, STEVEN N C MCCORMICK T 261,66 OVERPAY 03400200000 97/031/31.06 11 HILLON, TONY R WILLIAMS St 1 961.71 OVERPAY {i 12 :lM CITY COUNCIL O1 at 44 ~I i ~ a e ♦ •b Dan J-L ORDINANCE NO. l 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 THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city has solicited, received and tabulated com- petitive sealed proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and 1 WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described the best responsible proposals for the materials roequipment, supplies or services as shown in the "Proposals" submitted therefor; and WHEREASp the t has provided in the Citet fo the appropriation offunds ntolbeused for the purchasee of dthe mar terials, equipment, supplies or services approved and accepted , herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTioN T. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the ~ "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: bID ITEM w am NO. YLNDOR BNIQUNT 1472 ALL ZIMMERER KUBOTA 6 EQUIPMENT INC. $ 35,843.00 i I SECTION II. That by the acceptance and approval of the above numbered items of the submitted proposals, the city accepts the offer of the persons submitting the proposals for such items and agrees to purchase tha materials, equipment, supplies or services { in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the invitations, Proposals, and related documents, ' AWds No Apenda Ite~.~? s .sly Hate _a? -~?_..93 SECTION IIT. That should the city and proved and accepted items and of the submitted ono prop s aubmitt wing ato { enter into a formal written agreement as a result of the accep- tance, approval, and awarding of the proposal, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in 4 the Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the anc,.int and in accordance with the approved proposal or pursuant to a written con- tract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon itn passage and approval. PASSED AND APPROVED this day of 1993. i BOP CASTLE BERRY, MAYOR I ATTEST: l / JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY J BY: _ II 1 { J 1 DATE: MARCH 2, 1993 CITY COUNCIL REPOR'P AGaNa No ? TO: Mayor anti Members of the City Council aQefldaltartl. ~ ~ ~~f~ FROh1: Lloyu V. Harrell, City Manager We -2- SUBJECT: Bit) # 1472 -RUBBER TRACK BACKHOE AND TRAILERS ~ RECOMMENDATION: We recommend this bid be awarded to 2immerer Kubota and _ Equipment Inc. of Denton in the total bid amount of $359843.00 and include two rubber track backhoes, two trailers, two optional buckets and one set of counter weights. SUMMARY: This bid is for the purchase of two (2) rubber track backhoes. One Is a small size 8.5 horse power unit with an optional 8" bucket, (unit comes equipped with a standard 12 bucket), and counter weights. The second unit is a medium size 22.2 horsepower unit with optional 9" bucket, (unit comes equipped with a standard 18" bucket). The two trailers are single axle, 5200 lb. GVW, tilt type trailers. These small backhoes are designed for use In confined areas and will be assigned to the Electric Distribution Division. They will fit through standard "backyard" gates and being rubber track machines they do minimal damage to lawns and landscaping. Bids were solicited from nine potential bidders. This is a specialized type of equipment with limited sources. BACKGROUND: Tabulation sheet. PROORAMS, DEPARTMENTS OR OROUPS AFFECTED: Electric Distribution Division and Motorpool. FISCAL IMPACT: This equipment will be funded from the following sources. Nlotorpool Replacement Funds account number 720-025-0584-9104, will be utilized for the small unit In the amount of $14,728.00. 1992-93 Budget Funda for Electric Distribution Fleet Additions account number 810-080-0252-9230 will be utilized for the larger unit in the amount of $21,117.00. R pectfully submitted: ~ ~ loyd V. Harrell City Nlanager Approved: Name: Tom D- Shaw,-`C.P.M. Title: Purchasing Agent ]I7. ~yonde A9endmNo BID r A9endaIim ? f~ 1472 I I (~Bto_ T; f3_ I I I - SID NAME RUBBER TRACK BACKHOE/EXCAVATOR( A-1 I I I YERTZ WITH TRAILER I ZIMMERER I OPEN DATE FEBRUARY IS, 1993 I RENTAL I EQUIPMENT 1 KUBOTA f I I RENTAL OF DENTON 1 4 +QTY j DESCRIPTION I I I I VENDOR I VENDOR I' VENDOR I I I I I I 1. J 1 IRUBBER TRACK BACKHOE/EXCAVATORI p/g I I - IB•SHP I N/B 1$12,521.00 j ! i I I I i IMAKE f J I I I IMODEL I I I I IDELIVERY AFTER RECEIPT I I I I I 14 DAYS f 2. I 1 IRUBBER TRACK BACKHOE/EXCAVATOR( NIB I I 122.2HP I N/8 I 1$19,270.00 1 I I I (MAKE I I I IMODEL I J I I DELIVERY AFTER RECEIPT I I I I 1 1 14 DAYS t 3. i 2 I~EILER FOR ABOVE UNITS I I I NIB I N/B 1 $1,230.00 I I IMODEL I I I I (DELIVERY AFTER RECEI:T I I I I 14 DAYS I LTA. -,,COUNCI. I ~ I i I I i 0 1 0 1 ~ ` Hf0 I n~ a a~ I QOM t~ ooh`. AGM No AG@nGAltem /~3 # F ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 92-019, the General Service Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law in behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies of services can be purchased by the City costugth ne GtheraCity Services expands p f i.hasing atitless individually; and ems WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the numbered iteris in the following numbered Kids for materials, equipment, supplies, or services, shown In the "Bid Proposals" attached hereto," ereto, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDTR ITEM NUMBER NO VENDOR AMOUNT 32875 ALL DENTON MOTORS INC. 13,973.95 SECTION II. That by the acceptance and approval of the above numbs- r tems of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplios or services In accordance with the terms, specifications, standards, quantities and for the specifled sums contained In the Bid Invitations, Bid Proposals, and related documents. 1 E redo No SECTION III, That should the city and persons submit i4fg approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be Attached hereto; written contract is in accordance with the terms~idconditions, specifications, standards, quantities and specified sums contained in the Did Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and &pproval of the above numbered d items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1993. j DOD CASTLE y~ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 8!! : APPROVED AS TO LEGAL F'ORMi DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: _ 046.doe -"~---w 2 i DATE: MARCH 29 1993 CITY COUNCIL REPORT AWde No 93 -De TO: Mayor and Slembers of the City Council ApAndalie -'es'44Q I FROM: Lloyd V. Harrell, City Manager Date { SUBJECT: PURCHASE ORDER J32875 - DENTON MOTORS INC. j R'COMh,FNDATION: Count approve order referenced above for one van: `f Denton Motors Inc. $13,973.95 SUMMARY: This van is a seven passenger extended mini van to be used for the i DARE program. This van is being ordered in lieu of a police sedan that had been approved for replacement. Pricing for this van was derived from the State of Texas bid pricing. The City of Denton Council passed Resolution No. R92-019 on April 7, 1992 authorizing participation in purchasing programs of the State Purchasing General Services Commission. The Local Government Code states that a local government satisfies the state law requiring competitive bids for the item through the use of a state contract. BACKGROUND: Purchase Order #32875 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Department and Fleet F Operations FISCAL IMPACT: This unit will be funded from Certificate of Obligations funds previously approved by Council for fleet equipment expenditures. i Res ctfully submitted: I y Manager Prepared by: Name: elanie Harden Title, Buyer Approved: ~ C11 _ Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent agenda. 7d G71 II11"1Jn l.xl 1 l,1 ULrY.VIY IL/~NJ CONFIRMING ORDER PURCHASE ORDER NO. (IF PIIARKED) _ This number mu51 appear on ail O NOT DUPLICATE %oices, delivery slips, cases Q - - clns , bogies, packing slips and bills Bid No Page No. hJ Dale: 3-02-93 VENE DR PURCNaSIN'G 01 VISION i 901 8 TEXAS STREET IDENTON, TEXAS 76201 817,3837100 O. FWME rR0 SU 2670042 FAX Bt 7/3824692 ADDDE3E ! DENTON MOTORS INC. AD x n P.O. BOX 50839 DELIVERY C117 OF DENTON ADDRESS FLEET VESICLES DENTON, TEXAS 76206-0839 804 TEXAS STREET .r X DENTON, TEXAS 76201 VENDOR NO DELIVERY QUOTED 5-17-93 FOB DESTINATION TERMS NET 30 ~ I 1. 1 EA PLYMOUTH 7 PASSENGER EXTENDED MINI VAN $ 13,973.95 $ 13,973.95 CERTIFICATE OF OBLIGATION FINDS $ 13,973.95 VENDOII INSTRUCTIONS 3 Terrns - Net 101uoesx ow wi4 somem r I Send original I•rvolce with duplicale copy 4. Sh ippinp Instructions, F 0 B. Destination prepaid iuile sit orhor i xoeuriedl 2. BUI to - Accounts payable 5. No federal or slate sales lax shall be Included 215 E McKinney St in prices billed __Turchasin Denlon, TM 76201 p Divisb+t y - - CITY-= COUNCI: i s I V~ ~O yw (~i 1 M11 {/O~l~r V/yy~V t tily~ o O N, I ~COGGO~ 1 ~peneeitam , . Okla K ORDINANCE NO. /,tX i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPE14DITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employeE has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR 1965 OUNT OBR CONSTRUCTION Co., TNC. $ 83,195.00 SECT_ ION II. That the acceptance and approval competitive bids shall not constitute a contract b tweenttheaCity and the person submitting the bid for construction of such public works or fi.provements herein accepted and approved, until such person shall comply with all requirements specified in the Notacc to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herr,in, provided that such contracts are made in accordance with the t;otice to Bidders and Bid Propos- als, and documents relating they-eto specifying the terns, cendi- 45 5F&C- tions, plans and specifications, standards, quantities and speci- fied sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. i SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. I PASSED AND APPROVED this the _ day of - 1993. I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY• 1 finds No ttnrl i°6C Auends qRk E: MARCH 2. 1993 CITY COUNCIL REPORT 7 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 0 1465 - ALEXANDER STREET DRAINAGE PHASE II RECOMMENDATION: we recommend this bid be awarded to the lowest bidder, DBR ction Company, Inc. in the amount of $83,195.00 with completion in 50 total work days. SUMMARY: This bid is for the construction of additional storm drainage facilities in the Alexander Street area. The bid includes the installation of approximately 650 feet of 27" - 36" pipe and all associated excavation activities. The base bid price is $ 63,397.00. An additional $19, 798.00 is included in the bid award for the alternate concrete over-flow swale. I The amount of $97,300.00 had originally been budgeted for this project. BACKGROUND: Tabulation sheet. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: City of Denton Drainage Program. Engineering Department, Community Development Division. FISCAL IMPACT: This project will be funded by HUD Community Development Block Grant Funds Account #219-057-CD79-8502. Respec Illy submitted: ~J r loy . Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent •Qendd.7l! 1 ID t~v 1465 1 I I ( L I p ~ I { I I I I ` ID NA 4E ALEXANDER ST. DRAINAGE I SUNMOUNT { DBR I JAGOE I CIRCLE "C" I B.J. COMPANY I hl PHASE II I CONSTRUCTION { PUBLIC I CONSTRUCTION I CONTRACTORS I PE D TE FEBRUARY 2, 1993 I ! ! INC I _I _ E__ I I I i x A_ QU TITY I DESCRIPTION I VENDOR I VENDOR VENDOR I VENDOR I VENDOR I I I I 1 I I E m I I I I I I E d ld IBASE BID 1 $73,548.00 I $63,397.00 I $94,245.00 I $88,655.50 I $90,932.10 r I I ! I I I I I 2 I (ADDITIVE ALTERNATE - { $23,974.00 I $19,798.00 I $29,320.00 $26,033.00 1 $22,378.00 I CONCRETE OVER FLOW SWALE I I ! { I I I I I I I 3 I ITOTAL BID PRICE $97,522.00 1 $83,195.00 $123,565.00 I $116,688.50 $113,310.10 I I I I I I I I I I ~ ! I j I BID BOND I YES I YES I YES ( YES I YES I BID # 1465 1 I I 1 I I I I I I I BID NAME ALEXANDER ST. DRAINAGE I PATCO I DICKERSON I I I I PHASE It { UTILITIES I CONSTRUCTION I I I OIEN DATE FEBRUARY 2, 1993 I INC I ! 1 I I I I I 1 t }QUANTITY I DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR { VENDOR 1 I I I I I I I I I I I I ! I I 1 1 1 IBASE BID I $85,206.00 1 $93,941.30 I I 1 I I I I ! I I I I 2 1 (ADDITIVE ALTERNATE - I $38,286.80 1 $22,365.50 1 { I 1 I 1 CONCRETE OVER FLOW SWALE I I ! I 1 I I I I I I I I I 3 1 ITOTAL BID PRICE ! $123,492.80 $116,306.80 I I I } 1 { I I I I ! I I I I I I I 1 ! ! I BID BOND I YES I YES I I I } i I I 1 I I } I I I ! i I I I I I I I I I I I r i i 1.•• 411 F CITY..r~ = = ttfTli, O ,►,J N C 1 L : +tT., It # 3 I i rr ;I~~3jT t ~ ~•it~r t. J,. f ~i o° MTT 0 7 T. aro N ' `*O0~ 21 1 XTM f =XIII: T: ZT: ~ I::: AQertEafhle .iS # .5r ORDINANCE NO. claw ; AN ORDINANCE AMENDING ORDINANCE NO. 93-015 RELATING TO THE AWARD OF BID NUMBER 1449 FOR THE PURCHASE OF FLEET VEHICLES TO PROVIDE FOR THE PURCHASE OF AN ADDITIONAL UTILITY VEHICLE BID ITEM 02; PROVIDING FOR THE, EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on February 9, 1993 authorized the purchase of a 4 Door Utility Vehicle from Clacsis Chevrolet per ordinance No. 93-015; and WHEREAS, the City desire to purchase an additional 4 Door Utility Vehicle pursuant to the terms of Bid Number 1449 and Classic Chevrolet is agreeable to selling 4 Door Utility Vehicle; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; E SECTION I. That for the purchase of two (2) Utility l Vehicles pursuant to the terms of Bid Numberr 1449. SECTION 11. That Bid Number 1449 herein accepted includes Bid Item 2, and lheadditlonal compensation payable to Classic Chevrolet under this ordinance amendment is $14,499.00. { SECTION III. That the funds for this amendment ari to be expended from the City's ~Mutor Replacement funds approved by the City Council In the 1992-93 Budget. SECTION IV. That this ordinance s:►aHbecome effective immediately upon its passage and approval. PASSED AND APPROVED THIS THE _ day of BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTE:RS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY, OIS.Cx - 8M ten]AHCli 2, 1993 WO CITY COUNCIL REPORT` TO: Mayor and Members of the City Council l/ i FROM: Lloyd V. Harrell, City Manager SUBJECT: BID j 1449 - FLEET VEHICLES RECOMMENDATION: We recommend that an additional 4 door utility vehicle (Bid Item 2) be awarded to the lowest bidder, Classic Chevrolet in the amount of $13,499.00 including $285.00 for dual high intensity spotlights. 1 SUMMARY: Bid 01449 - Fleet Vehicles,was awarded by Council on February 9, 1993 for at total of eighteen (18) vehicles including one 4 door utility vehicle. After s review of the fleet and the competitive pricing received on Bid 41449 it was determined that an additional 4 door utility vehicle should be requested for assignment to the Fire Department. This vehicle had not been requested originally due to budget restrictions. In addition this unit would replace the 1988 Suburban currently being considered for sale to Denton County as a portion of the reassignment of Emergency Nlanagement Services. BACKGROUND: Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fire Department and 9 IotorPool . FISCAL IMPACT: Funds for this purchase will be taken from Motorpool Replacement Funds. Respe fully submit[ d: Llo d V. Harrell City Manager Approved: e ' Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent eye nd A. 3 BID 1'~ h 1449 l I I I I } I I I I 1 I 1 BID NAM FLEET VEHICLES DENTON MOTORSIAR£NUALE FORDIJAMES WOOD-1KARL KLEMENTI HUDIBURG I CLASSIC 1 , I IDENTON INC IFORU-MERCURY( CHEVROLET I CHEVROLET I OPEN DA ; J NUARY 19, 1993 I I I I I I - DESCRiPFION I VENDOR VENDOR i VENDOR I VENDOR I VENDOR I VENDOR - I I I I I f 1 _ 1. I 1 ISEDAN 4 DOOR MID-SIZE I $11,806.98 I $11,414.00 1$11,827.03 $11,099.29 1 $10,007.00 I $10,622.00 I 2. I 1 (UTILITY VEHICLE 4-DOOR I $17,461.50 I fl/p, 1$15,998.61 I NIB I $16,307.00 I $14,224.00 i , I i L I 3. 1 3 IPICKUP 1/2 TON SWB I $9,098.50 I N/B 1$11,755.24 I $8,831.43 1 $9,391.00 1 $10,594.00 1 I I I 1 I I I I 4. 1 1 IPICKUP 1/2 TON 4 X 4 $13,239.50 I 14/B 1$14,299.67 1 $12,434.34 I $13,045.00 I $11,772.00 1 I I 1 I I I I 1 I 5. I IPICKUP 3/4 TON LWB 1 $12,617.00 1 N/8 1$13,017.39 1 $12,458.58 1 $12,286.00 1 $11,705.00 1 f I I I k { I I I 6. I 1 II'.-.-CHASSIS 3/4 TON I $12,944.00 I NIB 1$12,978.75 I $11,943.58 I $12,023.00 $11,258.00 1 I I I I I ! I 7. 1 2 [PICKUP 3/4 TON 4 X 4 I $15,170.50 I NIS 1$14,665.84 1 $14,747.00 1 $13,505.00 1 $13,191.00 1 i i I I I l I I I I 8. 1 1 IPICKUP 3/4 TON 4 X 4 DIESEL 1 $17,463.50 1 NIB 1$16,515.80 I $16,266.87 I $14,821.00 I $14,622.00 I I I I { I I I 9. I 1 IVAN 3/4 TON CARGO I NIB I NIS 1$13,669.86 1 $13,449,62 I $11,960.00 I $11,863.00 I I I I I { I I I I 10.1 2 ICAB-CHASSIS ITN DUALREAR WHEELI $13,224.50 1 NIB 1$14,529.60 1 $13,268.47 1 $12,213.00 1 $12,234.00 1 I I I f I I I I I 11.1 1 ICAB-CHASSIS ITN SGL REAR WHEELI $12,439.00 1 NIB 1$13,692.96 1 $12,464.21 1 $11,573.00 1 $11,594.00 1 I I I I I I f 1 12.1 2 ICAB-CHASSIS 1 TON DIESEL I $14,959.00 I NIB 1$14,BSO.45 1 $14,325.51 1 $13,340.00 1 $13,497.00 1 I I { { I I ! I { 13.1 1 ICIB-CHASSIS 15000 GVW DIESEL $17,560.00 I NIB 1$180076.85 1 $16,075.10 1 $16,159.00 1 $19,837.00 1 I I I I I I I I I I { I I l 1 I 1 i I I DELIVERY 1 60 DAYS ASO 160 DAYS ARO 145-80 DAYS 1 45-90 DAYS 1 45-60 DAYS 1 40-70 DAYS I I I NET 10 I I I ASO I I 1 I I I I I I I I oq~~ GE 2 OF 2 BID t L\ 1449 1 { I I { I I BID NAME FLEET VEHICLES I BILL UTTER I NORTH LOOP { I I I I { DODGE I DODGE INC. { I I I I OPEN DATE. AI ARY 19, 1993 I I I I I I { I { I_ _ I I I + 1QTYI DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR VENDOR I VENDOR 1 _I_I _ i I __I I k _~I I I I ! I 1 I I 1. 1 1 ISEDAN 4 DOOR MID-SIZE I NIB I $10,840.00 { I I I 2. 1 1 (UTILITY VEHICLE 4-DOOR I NIB I N/8 I I i 3. 1 3 IPICKUP 1/2 TON SWE I $11,486.50 1 $8,795.00 I { I I 4. 1 1 IPICKUP 1/2 TON 4 X 4 1 $14,338.97 1 $14,000.00 I I I I I I ~ I 1 i I I I I I I I I I 5. 1 1 IPICKUP 3/4 TON LWB 1 $13,367.70 I $11,690.00 I I I I I 6. 11 1CAB-CHASSIS 3/4 TON I $13,186.95 1 $11,619.01 I I I I I I I I I I I I I I 7. 1 2 IPICKUP 3/4 TON 4 X 4 { $15,433.06 I $14,962.00 I I I ( I I I I I ~ I I I I 8. 1 1 IPICKUP 3/4 TON 4 X 4 DIESEL I ;19,354.56 1 $19,102.00 I I I f I I f I I I I I I I 9. 1 1 IVAN 3/4 TON CARGO I $15,399,15 I $13,952.00 I I I I I I I I I 1 I I I I 10.1 2 ICAS-CHASSIS ITN DUALREAR WHEELI $150757..13 1 $12,038.00 I I I I I I I I I I I I I I 11.1 1 ICAB-CHASSIS 1TN SGL REAR WHEELI $130082.95 1 $11,803.00 1 I I I I I I I I I I I I I 12.1 1 ICAB-CHASSIS 1 TON DIESEL I $18,220.23 I $15,869.00 I I I ( I I I I I I I I I 1 13.1 1 ICAB-CHASSIS 15000 GVW DIESEL I NIB 1 NIB I I I I I I I I I I I I I I I I 1 I I I I I I I DELIVERY 145-70 DAYS 151-120 DAYS I I I I I I I I I i k I I I 1 I I I f I I I I AgenOa Itert~' S ~1~ fete AIEN10 #93-003 A 7 TO: Mr. R. Svehla, Deputy City Manager FROM: J. L. Cook, Jr., Fire Chief , DATE: 3 February, 1993 SUBJECTt SMALL VEHICLE PURCHASES I In the FY 1992-93 budget, the Fire Department was authorized to begin to rep', ace and downsize its small vehicle fleet. This will { be accomplished by reducing the size of the fleet from twelve to nine vehicles and by replacing eight old vehicles with five new ones. Four of the existing vehicles will be retained. The total estimated replacement cost for the five new vehicles was $85,000.00. A package of $21,500.00 was authorized as the first of five annual payments necessary to service the debt on $85,000,00. Bids have been opened by the purchasing Department for the small vehicle replacements and the bids were lower than the original estimated costs. The bids for the Fire Department's five vehicles vehicles totaled $63,053,45. The breakdown is as follows. ter, Descriotion Bic 11 4-Door Sedan $100897.00 02 4-Door Blazer 14,499.00 03 One-Ton Single Wheel Chassis* 12,241.15 14 One-Ton Dual Wheel Chassis** 12,996.00 15 3/4 Ton Van 12,420.30 TOTAL 563053,45 NOTE: * The utility bed from the old chassis will be remounted on this chassis, A flat stakebed with liftgate will be purchased for this chassis at a maximum costs of $6,000. AQands No John Lee Cook, Jr. (h1e" 3 February, 1993 j Page 2 of 2 Therefore, the total cost to purchase the five vehicles will be approximately $700000.00; including the stakebed for the one-ton dual wheeled chassis. This is approxirately $15,000.00 less than the original estimated costs. During the FY 1992-93 budget deliberations, the decision was also made to discontinue the joint City/County Emergency Management Program- This became effective 1 October, 1992, The County has recently hired a person to serve as both county Fire Marshal and Emergency Management Coordinator. Since that time, I have been having discussions with Mr. Don Alexander of the County Judge's staff concerning the distribution of the assets of the Emergency h Pro Manageamessntets and athe prop sedadistribution copy of the inventory of A allowed s a part of this discussion, the County has requested that they be Coordinator acThey hathe ve a fer d to pay Suburban of the value of the vehicle. On 4 January, 1993 James Wood GMU appraised the vehicle at $4,750.00 (attached). Therefore, the County's payment would be approximately $2,400.00. Due to the age and condition of the vehicle, and our desire to mair.tain a newer, but smaller fleet, 1 would recomend that the county be allowed to purchase this vehicle. In its place, I would request that the $2,400.00 be applied to the $15,000.00 surplus ana that these funds be used to purchase an additional 5-10 Blazer. This cost would be $14,499,00, which is well within our means. This proposal has been reviewed by both Tom Shaw and Jack Jarvis and they do not see any problems with this. Sufficient funds exist to make the original $85,000,00 purchase and to make the payments as originally intended on the $85,000.00. This is a win/win situation. The County gets the old vehicle. The City gets the cash and a new vehicle. Our nine vehicle fleet would then have six new vehicles instead of five. This would delay any future purchases for several years. The only action necessary is for the Council to . horize the purchase of an additional vehicle at their meeting oil February, 1993 and for the city Manager to approve the attache purchase 1 Request. I hope that I have provided ample backup. ild you require any additional information, please do not he!,., to to contact me. JLC/BF: Attachments: 2 F I I ~OandaNo ~/3- co ~ ~endalterrL(~5.5 j~ viVAIcLE APPRAISAL NAME-6 of /,1r1,4r~ ,oe,y F ADDRESS / CITY } ZIP HOMEPHONE OFFICE`_ INTERESTED 114 tCK AS©K PAS SALESMAN DATE rs ' 93 r MAKE/ YEAR b s SERIES JC 6000~I E VIN I K c ( b Z r 3 0 I BODY STYLE COLOR "-*•k~ MILEAGE S 7 090 LICENSE NO.tr,, -g oa t e~ f-85 G e6 H e7 DO K-e9 L•9D M•91 N-92 i REMARKS: APPRAISED BY 6G eWS DATE AIICW ANCI 6000 FOR FIVE DAPS ONLY 2 f I JAMES WOOD DENEON SISO S. STEMMONS . COONTH. E% : 78 0777 I~ itf~ tl k yy{t `f+ ~Y ~yjI+}}''i(~t}yy}jyy}jf{j$?t{t} ~jj i! F+1[+lj }j}}tF ' 4M ~4- 2j}: jji'j12t ` fZll:l •~HHI~$..~. `iC ITY _ fiatcouNCli .t lit I O~~f O C t C3 ~ s a O rr °0~oeaaroo~°oo M IX IT= AWUNO 5 DATE: March 2,Apdtep~~ ~J CITY COUNCIL REPORT AJ ,e I 7 TO: Mayor and Member: of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Z-92-023. "FORRESTRIDGE-HOBSON LANE" RECOMMENDATIQH: P&Z recommended approval of SF-10 with one condition that the Forrestridge adjoining lots be at least 13,000 square feet in size. Council directed staff prepare an ordinance with additional conditions. SUMnu: . The ordinance rezones from A to SF-10 with the following conditions: 1. The easternmost, Forrestridge adjoining lots be at least 13,000 square feet in area. 2. The next ten lots on the eastern end of the zoning district be at least 12,000 square feet. 3. Minimum house sizes on the first twelve lots adjcining Forrestridgd be 2100 square feet for one story and 2300 square feet for 1 1/2 and story houses, and be 1800 square feet for one story and 2000 square feet for 1 1/2 and 2 story houses on the remaining lots. 4. An eight foot tall wood fence be built between this district and Forrestridge before a building permit issuance for any house building east of the drainageway. 5. No alleys :'thin this zoning district. BACKGROUND: Application: August 20, 1992. P&Z public hearing: October 14, 1992. P&Z tabled. Neighborhood meeting: November 3, 1992. P&Z public hearing: November 11, 1992. P&Z recommends approval with one condition. Council public hearing: December 8, 1992. Tabled. Neighborhood meeting: February 30 1993. Council public hearing: February 16, 1993. Council imposes additional conditions. Agenda Na.~6 ller=tr _ Agenda Ibis PROGRAMS DEPARTMENTS OR GROUP PFF =t Zoning program, Planning and Development Department, Forrestr- idge and future builders and residents in the area. , FISCAL IMPACT: j ` Respec'I lly submitted: Prepared by: Lloyd V.lHarrell, C + y Manager rank 4M~I- Robbins AICP Executive Director Planning and Development AM OM Page 2 ewpdoc8\0rd\pdc9,ord +4gerdaNa 9~ -COQ' ~geadaltem ~S '~SE ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY SF-10(C) WITH CONDITION ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 32.045 ACRES OF LAND LOCATED ON THE EAST SIDE OF COUNTRY CLUB ROAD APPROXIMATELY 920 FEET SOUTH OF HOBSON LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hammett & Nash has applied on behalf of Giovanni Giomi for a change in zoning for 32.045 acres of land from an Agricultural Zoning District to Single Family SF-10 zoning district classification and use designation; and WHEREAS, on November 11, 1992, the Planning and Zoning commis- sion recommended approval of the requested change in zoning with a condition; and WHEREAS, the City Council finds that Single Family SF-10(c) zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 32,045 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Agricultural Zoning District to Single Family SF- de10(ail with under conditions ncomprehensi e district ordinance classification Denton, Texas. Cityuof SECTION 7I That in accordance with Section 35-121 of the Zoning Chapter of the Code of ordinances, the property shall be subject to the following condition: (1) Any and all lots abutting the Forestridge Subdivision Phase I or Phase II, shall be no less than 13,000 square feet in area. (2) The ten (10) lots in this zoning district closest to the lots referenced in subparagraph (1) shall be no less than 12,000 square feet in area. (3) The minimum dwelling floor area for the lots referenced in subparagraphs (1) and (2) shall be 2,100 square feet for one-story and 2,300 square feet for one and a half and twr-story dwellings. The minimum dwelling floor area for the remaining lots in this zoning district shall be v Da e I 1,800 square feet for one-story and 2,000 square feet for one and a half and two-story dwellings. (4) An eight (e) foot in height wood fence shall be erected between this zoning district and the Forestridge Subdiv- ision. No building permit shall be issued for any pro- posed dwelling east of the drainageway located approx- imately 750 feet east of Country Club Road until the installation of the wood fence has been completed and such fence is being adequately maintained. (5) No alleys shall be constructed within this zoning district. i i I SECTION III. That the city's official zoning map is amended f to show the change in zoning district classification. v SECTION IV 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. fourteen (14) days from he dated of ordinance spassage, and the effective Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. HOH CASTLEBERRY, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY k> BY: c it.u`V Q c1~~~ ~~J PAGE 2 Apend¢No EXHIBIT "A" A9endaItem ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYINi At:a~ BEING SITUATED IN THE T. J. MARTIN SURVEY, ABS'i3ACT NUMBER 900, DENTON COUNTY, TEXASr AND BEING ALy OP TRACT I AS DESCRIBED IN A DEED FROM WILLIAR S. COLVILLEr A/K/A W. S. COLVILLEr TO GIOVANNI GIOMI 09 THE 28TH DAY OF FEBRUARY 1992, AND RECORDED IN VOLLxiZ 3186, PAGE 366, REAL PROPERTY RECORDS OF DENTON COMTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT AN IRON PIN IN THE EAST RIGHT OF WAIT OF F.M. ROAD 1830 (COUNTRY CLUB ROAD) AT THE NORTHGEST CORNER OF TRACT It I THENCE SOUTH 89 DEGREES 58 MINUTES 32 SECONDS LAST ALONG AND NEAR A PENCE A DISTANCE OF 1293.10 FEET TO AN IRON PIN AT THE NORTH NORTHEAST CORNER OF SAID TRACT It I THENCE SOUTH 00 DEGREEF 10 MINUTES 33 SECONDS WEST A i DISTANCE OF 400.06 FEET TO AN IRON PIN AT AN E:, COE M OF SAID TRACT Ij I THENCE NORTH 89 DEGREES 57 MINUTES 39 SECONDS LAST ALONG AND NEAR A PENCE A DISTANCE OF 1322.83 PEET TO AN IRON PIN AT THE EAST NORTHEAST CORNER OF SAID TRACT I IN THE WEST BOUNDARY LINE OF LOT 33, BLOCK B, OF PORRESTRIDGE, SECTION ONE AS RECORDED IN VOLUME 11, PAGE 56, PLAT RECORDS OF DENTON COUNTY, TEXAS) THENCE SOUTH 00 DEGREES 35 MINUTES 28 SECONDS TEST ALONG THE WEST BOUNDARY LINE OF FORRESTRIDG£r SEC21021 ONE A DISTANCE OF 123.90 FEET TO AN IRON PIN AT THE SOUTHWEST CORNER OF SAID LOT 33 AND THE NORTHEAST CORNER OF LOT 34r BLOCK B OF FORRESTRIDGEr SECTION TWO AS RECORDED IN CABINET C, PAGE 12r PLAT RECORDS OP DENTON COUTNY, TEXAS! THENCE SOUTH 00 DEGREES 07 MINUTES 38 SECONDS TEST 1 ALONG THE WEST BOUNDARY LINE OF FORRESTRIDGE, SECTION 1 TWO A DISTANCE OF 212.34 FEET TO AN IRON PIN AT TER SOUTHEAST CORNER OF SAID TRACT It TFBNCE WEST ALONG THE SOUTH BOUNDARY LINE OF SAID MCT I A DISTANCE OF 2617.02 FEET TO AN IRON PIN IN THE EAST RIGHT OF WAY OF F.M. ROAD 1F301 THENCE NORTH 00 DEGREES 19 MINUTES 01 SEC021DS EAST ALONG THE EAST RIGHT OF WAY OF F.M. ROAD 1830 A DISTANCE OF 735.95 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 32.045 ACRES OF LAND$ CITY COUNCIL 1. ii t... 14z 4: 1 ~,~pp p000 % rO o a a ITT O~OQ~N CL4~~~0~ ILI I MMMI I Ageada No, YJ - I Date L2 CITY COUNCIL REPORT FORMAT L, i DATE: March 2, 1991 TO: Mayor and Memb:rs of the City Council FROM, Lloyd V. Harrell, City Manager i SUBJECT: Consider an ordinance abandoning and vacating drainage and public utility easements in Lot 2, Block A, Minter Addition Replat I RECOMMENDATION: The Development Review Committee recommends approval The Planning aid Zoning commission recommends approval MARY/ BACKGROUND: The attached plat illustrates the easements for proposed abandonment. Bill Coleman, on behalf of the Denton Independent School District, has requested that the City abandon the easements shown. An elementary school will be built on lot 2. The purpose of the abandonments is to eliminate redundant easements and those easements in which utilities were relocated. AEE00168 { t a LOT 3 i r ~ r IN li"~fTi. H, Ci'CO SUNK Y, J C°OCr SUA12Y. A-55 -r rwt ~n • ~..L. 1 rfRf t mn v !ft - 1 Nr>V t ISiN \ Y.Y~ +td t .ri iara •••1 pl aY LOT 3 ` i 3 MprTy i .4. r. \ ~ arw.at doom . , wasoN st. 11 i•~!S S~90e >r I r~~l.~ r u MtaoMtiPNrDMn - - =.E ~ - rl g r NRN f MKV/ LOT 2 Lt= bon Y N.Tfp IYI•Ir • •"t ~~"~~ei w /.1 MA, We 1} rAla Y ~I 1 LOT 1 ~ 0 ' wMS.L~ I>K I{[• _~i~~O1r C[N1YKN1[ OF NM'APiY J• ! "w Apna•a1 tin ear at 405 ! PO j 540C• 3J4 ir. -55 ti Ma m •*,m M " tN7 d oamm r.N. -tv 'Mirk wags. Zor-!- - 9e •e ~4 • C I NT d4;Uf 5'JWv[r, .0260 Iwry>7 Q tevet"O FINAL REPLAT of the LINTER ADDMON 1 LOTs f Z,3 & 4 of BLOCK A (A IM, Being a I., el the Wnler kaftc, .x~ Plut 18.57 Atnt al Unpkttta Lo•-4 IVFiUI 0.R. N-aa + 4 Ul w n Fn 1VON N+a. A-IM 1[fjJ6rQ~d67 S~G.TI OBIS ~'O a~. Pi~fll~lOoN E-LJ gM m°iY•touer,. oamre c~ c Ma A, mll"Ttt- V t¢~?ta.lea_. %LwAyft aot us J,~.. ,nl _ of Marl. 7W7 71'Y7 I Agenda No ApendaItem_.~'_~._' ~ f P&Z Minutes December 16, 1992 Page 2 mausly (7-0). III. Consider Right-of-Way abandonment on Audra Lane. Mr. Salmon stated that the property owner has requested that the city abandon excess right-of-way on Audra Lane where it ' j joins Mulkey. The excess right-of-way was created in the 70s when the road was realigned. The owner wants to add to the house and needs the property to meet setback require- ments. on question, Mr. Salmon explained that Audra used to tee into Mulkey. The city has since acquired other right- of-way and the portion to be abandoned lies along the old road. Staff recommends approval of the abandonment. Mr. Cooper moved to approve the abandonment of the excess right-of-way on Audra Lane. Motion was seconded by Mr. Cochran and unanimously carried (7-0). IV. Consider an easement abandonment in the Hinter Addition, Lot 2, Block A, near the intersection of Newton & Wilson Streets. Mr. Salmon stated that a school is being built on this site. The site consists of several properties that were platted togrther. Several utilities were relocated during the platting process to provide enough room for the building site. The entire flood plain was dedicated as a drainage easement. The purpose of the abandonment is to get rid of overlapping easements that are redundant and easements which have had the utilities moved out of them. The Development Review Committee looked at this proposal closely to make sure that easements weren't being abandoned that would be needed. Staff recommends approval. It was moved by Ys. Huey, seconded by Mr. Willis, and unanimously carried (7-0) to approve easement abandonment in the Hinter Addition, Lot 2, Block A. V. Consider approval of the final plat of Lot 2, Block A, Exposition Mills, being a 1.609 acre tract of land. STAFF REPORT., Ms. Feshari Presented the staff report (attached). Mr. Cooper questioned the location of the sewer line. Ms. Feshari said that the building will not be over the E: IVADOCS\YUR KIM1 MTfR.ORO ANdsNo . %3 - DDS Agenda lfer2__~ SS f ate ~ ORDINANCE NO. _ AN ORDINANCE VACATING DRAINAGE AND PUBLIC UTILITY EASEMENTS IN LOT 2, BLACK A, MINTER ADDITION REPLAT TO THE CITY OF DENTON, DENTON COUNTY TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has determined that the easements being vacated are no longer needed for public use; and WHEREAS, the fair market value of the easements have been de- termined and received as required by section 272.001 of the Local Government Code and DENTON, TEX., CODE ch. 2 art. IV. (1991)! NOW, THERErORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORUAINSI SECTION.,, That the easements, listed as follows and more particularly described in attached Exhibit A which is incorporated by reference and made a part hereof, are permanently vacated and extinguished as easements for public utilities: 1. a seventy-five foot (751) drainage easement recorded at Volume 485, Page 642, Deed Records, Denton County, Texas; 2, a fifty foot (501) drainage easement recorded at Vol- ume 2252, Page 523, Real Property Records, Denton County, Texas; 3. a one hundred foot (1001) drainage easement recorded at Volume 2252, Page 525, Real Property Records, Denton County, Texas; 4. a sixty foot (60') drainage easement recorded at Vol- ume 604, Page 2461 Deed Records, Denton County, Texas; 5. a fifteen foot (151) electric easement recorded at Volume 406, Page 331, Deed Records, Denton County, Texas; 6. a twenty foot (201) general utility easement recorded at Volume 603, Page 527, Deed Records, Denton County, Texas. 7. a twenty foot (204) sanitary sewer easement recorded at Volume 384, Page 399, Deed Records, Denton County, Texas, save and except portions of said easement which are specifically described in Exhibit A; 8. a twenty toot (200) general utility easement recorded at Volume 602, Page 668, Deed Records, Denton county, Texas, save and except portions of said easement which are specifically described in Exhibit Al and AQIAd1 N0. ~_~=Qjz~ Aper~dalte~~F Date SECTION II. That by reason of such vacation the City of r Denton0s droporty interests in the easements shall by operation of law, revert to the owner or owners abutting the easements herein abandoned and the City of Denton releases any and all claims to the use of the properties as easements for public utilities save and except any interests which are reserved in attached Exhibit A. = MECTION III That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the _ day of 1993. I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SE RETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: I i . Page 2 aQ9A~8N6 ~3"" 111: Agerbalte+n~.a t~. "EXHIBIT A" TRACT I ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the J. Brock Survey, Abstract Number 55 and the H. Cisco Survey, Abstract Number 1184 and all of those tracts of land conveyed to the City of Denton from H.M. Pitner and Wife, Marjorie Pitner by easement deed dated September 22, 1962 and recorded in Volume 485, Page 642 of the Deed Records of Denton County, Texas for the purpose of constructing, re-constructing and perpetually maintaining an omen drainage channel. i TRACT II ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the J. Brock Survey, Abstract Number 55 and being all of the tract conveyed to the City of Denton from Marjorie Neelley Pitner, Patricia Pitner Kelsoe and Linda Pitner Riley by easement deed dated September 25, 1987 and recorded in Volume 22521 Page 523 of the Real Property Records of Denton County, Texas for the purpose of constructing, installing, repairing, and perpetually maintaining drainage facilities. TRACT III ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the J. Brock Survey, Abstract Number 55 and being all of the tract conveyed to the City of Denton from Marjorie Neelley Pitner, Patricia Pitner Kelsoe and Linda Pitner Riley by easement deed recorded in Volume 2252, Page 525 of the Real Property Records of Denton County, Texas for the purpose of constructing, installing, repairing, and perpetually maintaining drainage facilities. TRACT IV 1J ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the W. Teague Survey, Abstract Number 1266 and J. Brock survey, ~ Abstract Fumber 55 and being all of the tract conveyed to Vie City 1 of Denton from Esther Richards by easement deed recorded in Volume 604, Page 246 of the Deed Records of Denton County, Texas for the purpose of constructing, installing, repairing, and perpetually maintaining drainage facilities. y ApendaNe Agenda ltefrL--~~ I s° ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the J. Brock Survey, Abstract Number 55 and being all of the tract conveyed to the City of Denton from H.M. Pitner by easement deed dated December 31, 1954 and recorded in Volume 406, Page 331 of tho Deed Records of Denton County, Texas for the purpose of constructing, installing, repairing, and perpetually maintaining an electric power line. j TRACT VI ALL that certain lot, tract or parcel of land lying and being j situated in the City and County of Denton, State of Texas, in the J. Brock Survey, Abstract Number 55 and being all of the tract conveyed to the City of Denton from H.M. Pitner by easement deed recorded in Volume 603, Page 527 of the Deed Records of Denton County, Texas for the purpose of constructing, installing, repairing, and perpetually maintaining public utilities. TRACT VII ALL that certain lot, tract or parcel of land lying and being situated in tho City and county of Denton, State of Texas, in the J. Brock Survey, Abstract Number 55 and being all of the tract conveyed to the City of Denton from H.M. Pitner and J.M. Pitner by easement deed dated November 13, 1952 and recorded in Volume 384, Page 399 of the Deed Records of Denton County, Texas for the purpose of constructing, installing, repairing, and perpetually maintaining a sanitary sewer line. SAVE & EXCEPT the following: COMMENCING at the most northerly southeast corner of Lot 2, Block A of the Final Replat of the Minter Addition, Lots 1, 2, 3, and 4, Block A, Plat Records of Denton County, Texas, same being a point on the west right-of-way of Woodrow Lane; THENCE north 07" 070 01TM west along the west right-of-way line of Woodrow Lane and the most northerly east line of said Lot 2 a distance of 64.90 feet to the POINT OF BEGINNING; THENCE north 880 520 201t west a distance of F17.40 feet to a point for corner, said point also being the most southerly corner of a 161 private sanitary sewer easement, as shown on said Minter Addition Replat; THENCE north 08" 071 03" east along the southeast line of said 16' private sanitary sewer easement a distance of 20.15 feet to a point for corner; I I I No_._,~-~ THENCE south 889 520 20" east a distance of 502.05 feat to a point for corner, said point lying on the west right-of-way line of Woodrow Lane and the most northerly east line of said Lot 2; THENCE south 07" 071 01" east along said lines a distance of 20.21 I feet to the POINT OF BEGINNING and containing 10,094 square feet of land. TRACT VIII ~ ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the J. Brock Survey, Abstract Number 55 and being all of the tract deed the conveyeddated May 30, 1970 and recorded in Volume 602, Page 668a fm Deed Records of Denton County, Texas for the purpose of constructing, installing, repairing, and perpetually maintaining public utilities. SAVE 6 EXCEPT the following: i COMMENCING at the northeast corner of a 0.110 acre tract dedicated Replatiofothe Minter Add tionMoLots S1, 2, 3, ~ 4, Block h At Final Records of Denton County, Texas; THENCE north 656 58f 17" west along the new north right-of-we,y line of Morse Street, as shown on said Minter Addition Replat, a distance of 121.68 feet to the POINT OF BEGINNING; THENCE north 650 580 1711 west continuing along the new north right- of-way line of Morse Street, as shown on said Minter Addition Replat, a distance of 21.70 feet to a point for corner; THENCE north 010 13f 37" east a distance of 394.65 feet to a point for corner, said point also being on the south line of a 20' sanitary sewer easement as shown on said Minter Addition Replat; THENCE south 790 04t 24" east along the south line of said 200 ' sanitary sewer easement a distance of 20.29 feet to a point for corner; i THENCE south O1° 13t 3701 west a distance of 399,64 feet to the ` POINT OF BEGINNING and containing 7,944 square feet of land. AEE00015 (CITY#$t COUNCIL , r ti.'Y* X121 11 X T::: ST: MIXIM::: MIT O~O Of O M % % G O~ 1 O M r O M 1~ QOO~ 71 6G0 o t { I I1I~ DATE: March 2, AQ~O"~~ Z.~ - 1 CITY COUNCIL REPORT Date 6~ ez e- TO; Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT: Sign Ordinance Amendment and Sign Fee Ordinance RK9912 NDATION: The Planning and Zoning Conmission recommends approval. ` I I! i Y I I The fee ordinance on your agenda establishes fees for certain signs. BACKGROUND; Since May 19921 the Planning and Zoning Comm'ssion has held 1i seven public hearings and two separate work sessions and the city Council has held one public hearing and three separate work sessions. P$OGRAMa, DEPARTMENTS OR anr:a,= AFFE-Q=: Everyone who sees Denton. ~ FISCAL IMPA T; None. Respect lly submitted: eld Prepared by: Lloy V. Harrell, C ty Manager Frank Robbins AICP Executive Director Planning and nevelopment ATTACHMENTS: +;MMOa2e1 Draft Ordinances. 1 J I ALL004 34 . WPS Agenda Na, Agenda Item-k'L 04 «te 3 _ x_:..23 l` ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FEES FOR SIGN PERMITS TO PROVIDE FOR A FEE FOR SIGNS LARGER THAN TWO HUNDRED FIFTY (250) SQUARE FEET, FOR SPECIAL EXCEPTION PETITIONS, AND FOR WIND DEVICES ERECTED ACROSS STREETS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SECTION I. That the following fees are hereby authorized to be imposed pursuant to Section 33-64 of Chapter 33 entitled "Advertising Devices" of the Code of Ordinances. (a) $75.00 for a permit for a sign larger than two hundred fifty (250) square feet; (b) $50.00 for a special exception petition; and (c) $60.00 for a permit for a wind device to be erected across the street. SECTION Ii. That this ordinance shall become effective immediately upon its passage and approval. 1993PASSED AND APPROVED this the day of , . BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ' DEBRA A. DRAYOVITCH, CITY ATTORNEY 1171171171171 4y. ` lj t Ja t TY ~1:.., ITX RUN{{~##t{ '[CITY CO►UNCI.L .J:=z t~ ~Itff~ 4 I I . ZI.TU ~a~ ~ ar 1 a = sm: e 0 1. GG (fAo "Ti M. r I AVOW, **1wnz-a-d2Z5 X~ 53T Date -1-1L 9-3-- ciryoi DENTON, TEXAS MUMCIPAL BUILDING I DENTON, TEXAS 76201 / TELEPHONE (811) 566.6309 ONice of the City Secrele y M E M O R A N D U M I 1 10: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JENNIFER WALTERS, CITY SECRETARY DATE: FEBRUARY 26, 1993 REs BACKUP FOR AGENDA ITEMS 5.H., 5.I., 5.J. The terms of the items referenced in Agenda Items 5.H., 5.I., and 5.J. are still involved in negotiations and these items are placed on the agenda for approval should negotiations be completed by the March 2 meeting. If City Council action is requested by staff to be taken on these items at the March 2 meeting, copies of these itemr.rill be available to the public prior to the City Council voting rn those items. i _ Jen er Walters City ecret y i i I C I TY ' Ellf i tt .~r#,,COUNCII }{4Y . iiiHHH2iit:I'J .1 =11TI mm. rT I•~ -IT -II'llu- tI j I .1 T ~OF at ' " Mr o to s6 tr r Agenda No. Aeendaitem Date CITY COUNCIL REPORT l/ 7 TO., Mayor Bob Castleberry and Members of the City Council { FROM: Lloyd V. Harrell, City Manager 1 I DATE: February 23, 1993 SUBJECT: Agricultural and Grazing Lease for South Lakes Park RECOMMENDATION: It is recommended that a one year agricultural and grazing lease at South Lakes Park be approved, allowing J.L. Madewell and John Bradford to graze no more than 35 head of livestock on the 200 acre site for the sum of $1,800 per year. 1 SUMMARY: Since construction is not yet scheduled for South Lakes Park and because Mr. Madewell and Mr. Bradford were interested in continuing their lease agreement to graze livestock on the property, the attached agreement was drafted and has been accepted and signed by J.L. Madewell and John Bradford. They are aware that this property is to be developed as a park in the near future and will be notified of the City's schedule for construction and development when it becomes available. if the City receives funding from Texas Parks and Wildlife in late July 1993, construction on the park could begin in early summer 1994. I BACKGROUND: When the City of Denton purchased South Lakes Park last June from the F.D.I.C., an xisting grazing lease on the property was accepted by the City and was allowed to continue to the end of its term on January 1, 1993. A new grazing lease was prepared for Mr. Madewell's signature in November 1992. The Parks and Recreation Department was unable to make contact with Mr. Madewell until December, 1992. At that time Mr. Madewell requested that his partner, John Bradford, be added to the lease and that the payment schedule be changed from monthly to quarterly. A revised lease was prepared and signed by Mr. Madewell and Mr. Bradford in January 1993. The Parks and Recreation Department has received and is holding a check for the first quarterly payment, for January 1, 1993 - March 31, 1993 and will deposit it pending City Council approval of the lease. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Because this property is not open to the public for park and leisure uses, no programs or citizens will be directly affected by this lease. i I _ Q A APO NO Agricultural and Grazing Lease for South Lakes Park Page 2 I FISCAL IMPACT $1,900 in revenue will be received into the General Fund budget of the City. RESPECTFU LY SUBMITTED: Lloyd V. Harrell City Manaqer Prepared by: Rich Dlugas Director. Parke and Recreation Department Approv : i 86itty Mc a Executive D actor for Municipal Services/Economic Development AZJ00673 Jr\WPDOCS\RESO\LEASE.R „3 - DDS' Agenda No Agenda lfem g? .5 'mil (1gle _ - 93 RESOLUTION NO. O A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRICUL- TURAL, GRAZING AND FARMING LEASE WITH J. L. MADEWELL AND JOHN BRADFORD; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, THE COUNCIL OF TI:F CITY OF DENTON HEREBY RESOLVES: SECTION I That the City hanager is authorized to execute an agreement between the City of Denton and J. L. Hadewell and John Bradford for an Agricultural, Grazing and Farming Lease, which is attached hereto and made a part hereof. SECTION r~ That this resolution shall become effective im- mediately upon its passage and approval, 1993PASSED AND APPROVED this the day of . BOB CASTLFBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYr _ APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY I I AAA01030 4904()8No Apewda~tenL-. S~ ~I AGRICULTURAL, GRAZING, AND FARMING LEASE This Agricultural, Grazing, and Farming Lease (this "Lease") Is executed and entered into this 19 by and between the City of Denton,dTexas, "LandliTrle)anA J. L. Madewell and John Bradford ("Tenant") on the (following terms and conditions: W I T N E S S E T H: i 1. ,tearg Grant. ant. Fcr and in cors+deraticn of the ses, covenants, and agreements provided in this Lease, Landlord hasithis day leased and demised to Tenant that certain tract of approxi- mately 200.4 acres of land (the "Property") in the City of Denton, Denton county, State of Texas, located frosting Teasley Land and Hobson Lane and being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. be fora oTee rm. The "Term," herein so called, of this Lease shall e year term commencing on the 1st day of January, 1993, and expiring December 31, 1993. 3. Rent. Tenant agrees to pay to Landlord, without offset or d eduction, "Rent," herein so called, for the Property at the rate of One option Fourred und Fi dyFiDollars ($150) per month, or, at Tenantfs advance, beginning at the commencement oftheuTerm rhereof. Should ) Tenant choose to pay quarterly, payments shall be made on or before January 1, April 1, July 1, and October 1. Tenant's covenant to pay rent hereunder shall be an independent covenant and shall not depend on the performance of any other party or the existence or non-existence of any condition, 4. Soldi_ nQ Over. Subject to and in addition to the rights and remedies of Landlord set forth in section 13 hereof, if Tenant holds over after the termination of this Lease, Tenant shall pay to Landlord monthly during the holdover period, as "Holdover Rent," herein so called, in addition to the Rent described in Section 3 hereof, an amount equal to three hundred percent (3001) of the Rent set fo:-th in Section 3 hereof, to wit, Four Hundred Fifty Dollars ($450) per month. No holding over by Tenant after the expiration of this Lease, either with or without consent or acquiescence of Landlord, operates to extend the Lease for a longer period of three (3) months unless (a) a written holdover agreement specifies a 1 longer period or (b) this Lease is extended in writing. Any hold- ing over without the written consent of the Landlord constitutes a tenancy at will under all terms and conditions of this Lease. On an unauthorized holding over, Tenant shall indemnify and hold Land- 1 lord harmless against all claims for damages (ircluding, without I I f h Aoenda No r Apendalterrz._~S ~T. limitation, reasonable attorney's fees) resulting from Landlord's delay in delivering possession of all or any part of the Property to another tenant or prospective tenant to whom Landlord has leased all or any part of the Property. 5. Use Restriction. Tenant may use the Property only for the following agricultural purposes and for no other po•poses: (i) raising crops including, without limitation, various grains and/or vegetables, (ii) raising livestock including, without limitation, horses, cattle and calves. Tenant shall not raise sheep or goats on the Property nor shall Tenant permit such livestock to graze thereon. Tenant shall furnish, at Tenant's sole cost and expense, all labor, farm equipment, seed, fertilizer, herbicides, and all other materials necessary to comply with the use restrictions set forth in this section 5. a. Grazing of Livestock. (i) In the event that Tenant shall operate the Prop- Rr.ty to graze permitted livestock thereon, Tenant shall operate the Property in such a manner as to pro- te-.t and preserve the grass and the Property from waste and not to overstock the pastures in any manner, and generally to follow what is considered good farm- ing practice in the Denton County area. Notwithstand- ing anything contained in this Lease to the contrary, Tenant shall never graze nor allow to be grazed more than thirty-five (35) unit head of livestock (horses, cattle and calves) at any one time on the property. (ii) In the event that Tenant shall operate the Prop- erty to raise crops thereon, Tenant shall operate the Property in such a manner as to protect and preserve the Property from waste and generally to follow what is considered good farming practice in the Denton County area. b. Conserve fan and Main_ tenance. Tenant shall conduct all farming operations in a good and husbandlike man- ner to protect the land from overgrazing and soil ero- sion. Tenant agrees to exercise caution and to con- serve all surface water from contamination or waste. Tenant shall exercise diligence in controlling noxious weeds in or near cultivated areas of the Property. C. hunting and Fishi--- na Rights, It is hereby expressly agreed and understood that all hunting and fishing rights to the Property are retained by Landlord, and PAGE 2 t l I ~gentt~No ~9,9 - oa d_'__ ii r Agenda Item_ !L-5_ _ _ Tenant is expressly prohibited from using or bringing i ' anyone on the Property to hunt, kill, trap, net or 1 seine any wild game, bird, fist, or animal without the prior written consent of Landlord. Tenant further agrees to protect and defend the Property from any and all unauthorized use by third parties, trespassers, hunters, poachers and the like. d. Subleasing. It is hereby expressly agreed and understood that all forms of subleasing the Property including, without limitation, subleases for fishing, unting, grazing, or crop leases are expressly h prohited. e. Mineral A-*ivity, It is hereby expressly agreed and understood that all mineral activity on the Property including, without limitation, mining or drilling for oil, gas, gravel, sand, etc. is expressly prohibited without the prior written consent of Landlord. This Lease is subject and subordinate to any valid oil, existingvor,whi sand, other mineral the future with srespect resently the Property. " f. 2Wn2ing. It is hereby expressly agreed and understood `f fortrecy cling activity or any similar Property as a related landfill, is expressly prohibited. i g. P c s• It is hereby expressly agreed and understood that any and all uses of pesticides or other chemicals beyond the use approved by any government agency controlling the use of such a product, for husbandry only, is expressly prohibited. h, Landl` Riahts, It is hereby expressly agreed and understood that the foregoing list of exclusions is not meant as a limitation and that any rights not expressly granted to Tenant with respect to Tenant0s use of the Property are hereby expressly prohibited and retained solely by Landlord. i 6. &ondition of the EL Tenant hereby acknowledges that Tenant has inspected the Property and accepts and approves of the Property in its present "AS IS" and "WITH ALL FAULTS" condi- tion, subject to any and all roads, rights-of-way, electric transmission and other utility lines or pipes, and all visible and recorded easements. Landlord has not, does not, and will not make any warranties, representations, or guarantees, express or implied, or arising by operation of law, including, but in no way limited to, any use, or any warranty of condition, merchantability, habita- PAGE 3 Agenda ltenL c s X111__ bility, or with respect to the value of profitability of the Property. In particular, Landlord and Tenant hereby agree and acknowledge that (a) Landlord hereby disclaims and Tenant waives any implied warranty concerning the Property including, but not limited to, the suitability of the Property or any building thereon for any particular purpose, the existence of absence of any possible latent defects in the Property or any building thereon, or the present or future condition of the Property or any building thereon; (b) Tenant has been afforded the opportunity and has the expertise, or has the resources necessary to engage others with the expertise, to fully inspect and examine the condition of the Property and, pursuant to such inspection conducted by Tenant or Tenant's agent, Tenant has concluded that the Property is suitable for the purposes intended by Tenant, and the taking of possession of the Property by Tenant shall conclusively be deemed an j acceptance of the Property as is; and (c) Tenant has not relied upon Landlord, or any agent, employee, or representative of Land- lord, in determining the suitability of the Property, it being further agreed that the provisions of this Lease defining the permitted use of the Property shall not create any express or 1 implied warranty concerning the suitability of the Property for such purposes. 7. Maintenance and Repairs, Tenant shall not erect or construct buildings, structures, or improvements on the Property, or make any alterations, additions, or improvements thereto or to any existing buildings or structures, without the prior written consent of Landlord. Tenant shall have the duty and obligation, at Tenant's sole cost and expense, to conduct and perform all repairs required on the Property, such maintenance, upkeep, and/or repairs shall include, without limitation, the fences, roads, house, barn, or stable, if any, and any other structures and improvements lo- cated on the Property, as well as the grounds in general (collec- tively the "improvements"), Tenant being responsible for labor and materials necessary to replace, repair, or rebuild all of the said improvements. Further, Tenant agrees that no repairs, maintenance, accomplishedother witho tperformed Tenant's supervision s and Improvements control. shallTenant further agrees that Tenant shall deliver up the Property to the Landlord immediately on the termination of this Lease, together with all improvements and construction on the Property fences installed by Tenant), in as good condition as when received by Tenant, reasonable wear and tear excepted. 8. Ownership of Emnrovements. All improvements, specifica''. e gates, chuteaO xcluding temporary improvements such as portable buildings, pirk y Tenant, shall be corrals, shall become a part of placed the P operty and may no,- be removed therefrom at the expiration ur other termination of this PAGE 4 y Agerrdaltem 1 ~L Lease, unless otherwise agreed in writing between Landlord and Tenant. Any fence posts cut on the Property shall be used only on the Property and not elsewhere. No fences or other improvements shall be removed or changed during the term hereof without Land- lord's express written consent. Tenant agrees not to change, nor allow to be changed, survey markers or the location of any outside boundary fences enclosing the Property. 9. Indemnifica ion. Tenant shall occupy and use the Property at Tenant's own risk. Tenant shall indemnify Landlord and hold Landlord harmless of and from any and all claims, actions, damages, liabilities, losses, and expenses, including without limitation, reasonable attorney's fees, incurred or paid in connection with any personal injuries or property damage derived from or out of the occupancy or the use of the Property by Tenant, or occasioned in j whole or in part by any act or omission of Tenant or Tenant's agents, servants, invitees, licensees, or employees, whether or not { the damage arises from Landlord's negligence. 10. Assignment and s~~hie+*+ Tenant shall not sublet or assign all or any portion of this Lease or the Property, or any interest therein, without the prior written consent of Landlord. Any assignment or subletting in violation of this paragraph shall be void. 11. WAuL . Tenant shall be in default under this Lease if., a. Tenant fails to pay any installment of Rent or other sum payable to Landlord under this Lease on the date same is due; or i b. Tenant fails to comply with any term, condition, or covenant of this Lease, other than the payment of Rent or other sum of money, and that failure is not cured within ten (10) days after written notice to Tenant. c. Tenant shall become insolvent, or shall make a transfer in fraud of creditors, or shall make ai, assignment for the benefit of creditors, or should an execution or order of sale against Tenant be levied upon any interest in the leasehold estate created lienbcovering auld ny Tenant interest give or in the attempt leastehold testate created hereby, or permit any lien to attach to or cover any interest in such leasehold estate, or should anyone else acquire an interest in this Lease, by any other means or process. d. Tenant shall commit an act of bankruptcy; or Tenant shall file a petition under any action or chapter of the Bankruptcy Act, as amended, or under any federal PAGE 5 Agenda No ttertL ~ Agenda ~te..._.~ law or statute of the United States, or of any state thereof; or Tenant shall be adjudged as bankrupt or insolvent in proceedings filed against Tenant hereunder. e. A receiver or trustee shall be appointed for all or substantially all of the assets of Tenant. 12. Remedies, on the occurrence of an event of default under this Lease, Landlord may enforce the performance of this Lease in any manner provided by law, in equity, or as specifically provided in this Lease. At no time shall Landlord be obligated to relet the Property, or to relet the Property for a sum equal to or greater than the Rent specified herein, Tenant hereby specifically waiving any claim Tenant may have with respect to any obligation of Land- lord to mitigate its damages in the event of Tenant's default hereunder. In particular, but without limitation, Landlord shall have the option to pursue any one or more of th1 following remedies without any notice or demand whatsoever: a. Terminate this Lease, in which event Tenant shall immediately surrender the Property to Landlord; however, if Tenant fails to surrender the Property to Landlord, Landlord may, without prejudice to any other remedy which Landlord may have for possession of the Property or arrearages in Rent or any other sum due hereunder, enter upon and take possession of the Property and remove Tenant and any other person who may be occupying the Property, or any part thereof; or b. Enter upon the Property, without terminating this Lease and without being liable for prosecution for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant shall reimburse Landlord, on demand, for all expenses that Landlord incurs in thus effecting compliance with Tenant's obligations under this Lease, together with interest thereon at the maximum rate allowable by law from the date expended until paid. Pursuit of any of the foregoing remedies shall not preclude Landlord's pursuit of any other remedy herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein constitute a forfeiture or waiver of any Rent due to Landlord hereunder or of any damages accruing to Landlord, by reason of the violation of the terms, provisions, and covenants herein contained. The rights and privileges given to Landlord in this Section shall be cumulative of, and without prejudice to, any rights or remedies given to Landlord by law to procure possession, or to enforce the payment of rent, or performance of the other covenants hereof. No waiver by Landlord of any violation or breach of any of the terms, PAGE 6 Agenda No ~-3 Agenda I ate 3. provisions, and covenants herein contained shall be deemed or l/ construed to constitute a waiver of any other or future violation of breach of any of the provisions, conditions or covenants herein contained. 13. Hot ice Any notice or or permitted to be delivered under other terms of this Lease shall r be deemed to have been delivered, whether actually received or not, when deposited in the United states mail, postage prepaid, regis- tered or certified, return receipt requested, addressed to the Landlord or Tenant, as the case may be, at the following addresses: LANDLORD: TENANT: City of Denton, Texas Attention: City Manager J. L. Madewell 215 E. McKinney Argyle, Texas 76226 Denton, Texas 76201 John Bradford Route 1, Box 404 Denton, Texas 76205 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 14. Insurance. a. Tenant waives all rights of recovery and causes of action against Landlord for any damage to Tenant0s personal property located on the Property that is caused by any of the perils insurable by fire and extended coverage insurance, notwithstanding that such damage or destruction may be due to negligence of Landlord, Tenant shall be responsible for insuring Tenant's own personal property and the temporary improvements owned by Tenant which may be located in or on the Property, and Landlord shall not be held liable for any damage to or loss of Tenrnt's personal property, nor for damage or injury to Tenant, Tenant's employees, agents, patrons, or visitors, or to any other person for any injury to person or damage to property on or about the Property caused by the action or inaction of Tenant, its agents, servants, or employees. Further, Landlord shall not be liable for any injury sustained by any person entering on the Property under the expressed or implied invitation of tenant, or for any injury or damage caused as a result of the structure of the improvements located on the Property being out of repair, or due to any cause whatsoever, and Tenant agrees to indemnify and hold Landlord harmless from any loss, expense, or claims, (including, without .limitation, PAGE 7 y AovdaNo Agendaltw_Z.L 1 of attorney's fees) arising out of any such damage or injury; except the Landlord shall be liable for injury to persons or damage to property caused solely by the gross negligence or willful misconduct of Landlord. b. Tenant shall procure and maintain, at its sole cost and expense throughout the Term, a policy or policies of insurance insuring both Landlord and Tenant against all claims, demands, or actions arising out of or relating to the Property or the condition of the Property, in an amount not less that $300,000 per occurrence. Tenant's casualty and liability insurance coverage shall specif- ically include and be sufficient to cover damage caused to the Property, and to the persons and property of third persons, by Tenant's livestock. Tenant also agrees to I secure and to maintain such workers' compensation coverage as may be required by law. All policies shall be procured by Tenant from responsible insurance companies approved, in writing, by Landlord. Certified copies of the poli- cies, and receipts evidencing payment of premiums there- for, shall he delivered to Landlord prior to the com- mencement of this Lease. Not less than fifteen (15) days before the expiration date of any policies, certified copies of the renewals thereof (bearing notations evi- dencing the payment of renewal premiums) shall be deliver- ed to Landlord. Each policy shall provide that not less than twenty (20) days' written notice must be given to Landlord before any policy may be canceled or changed to reduce the insurance provided by it. i Tenant fails to then o comply rd may obtainitherrequired requirements and Tenant shall pay to Landlord, on demand, as additional rent, the premium cost for such insurance, plus interest at the maximum rate allowed by law from the date of payment by Landlord until payment by Tenant. 15. Landlord's Access to Proo rt.,, It is expressly agreed that Landlord shall have the right to enter onto the Property at any reasonable time to inspect the condition thereof, and for the purpose of making repairs or improvements or consultation. Tenant shall furnish Landlord with a key or the combination to each lock that may be placed on any gates on the Property. The right to enter granted the Landlord under this Section shall not requira Landlord to make any repairs to the Property other than those herein specifically agreed to be made by Landlord, nor otherwise extend any of the Landlord's other obligations. PAGE 8 r Agenda No Apeodaltem 5 (j /J G 16. Miscellaneous. a. Assignmer Notwithstanding anything herein seemingly to the contrary, this Lease may not be assigned by Tenant without the express written consent of the Landlord, at Landlord's sole and absolute discretion. b. Compliance with Law. Tenant shall at Tenant's sole cost and expense, obtain the necessary licenses and permits required to conduct Tenant's business on the Property, and Tenant shall comply with all governmental laws, ordinances, and regulations applicable to the Property, or Tenant's use thereof. c. No Waiver. No waiver by either party hereto of any default under this Lease shall be deemed to be a waiver of any subsequent default of the same of any other term, condition, or covenant contained in thir Lease, d. Governing Law/Venue. This Lease shall be governed by the laws of the state of Texas. Any and all suits brought for the enforcement of breach of this Lease shall be brought in the District Court of Denton County, State of Texas, and not elsewhere. e, No Partnershid. The execution of this Lease and the performance of its covenants does not imply or create a partnership between the parties to this Lease. I f. Attornev's Fees. If, as result of a breach or dafault by either Landlord or Tenant of their respective obli- gations under this Lease, it becomes necessary for Landlord or Tenant to employ an attorney to enforce or defend any of their respective rights or remedies under this Lease, the prevailing party is entitled to recover from the other reasonable attorney's fees actually incurred or connected therewith. g. Invalid Provisions. Should any provisions of this Lease be deemed invalid by any legislative, adminis- trative, or judicial body, or for any other rear;on whatsoever, the other provisions of the Lease shall remain in full force and effect, and shall be unaffected by such declaration of invalidity. I h. Entirety, This Lease, and the exhibit(s) attached hereto, if any, contain the entire agreement between the parties with respect to the subject matter herein and nay not be altered, modified, changed, annulled, or amended in any manner without the written consent of both parties PAGE 9 AoendAa AgendOsTym__k S c' hereto. No provisions of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing signed by Landlord and addressed to Tenant. i. Heading The headings preceding the text of each paragraph of this Lease are included only for convenience or reference and should be disregarded in the construction and interpretation of this Lease. r J. construction. It is agreed by the parties hereto that the usual rule of construction to the effect that ambigui- ties shall be construed against the drafting party is hereby waived, each party having had sufficient time to review the terms hereof and having negotiated the terms hereof with the aid of counsel. k• Liens. Tenant will not permit, place, nor suffer to be placed any mechanic's or materialman's lien or liens upon the Property and nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any person for the performance of any labor or the furnishing of any materials to the Property, or any part thereof, nor as giving Tenant any right, pow- er, or authority to contract for or permit the rendering of any services or the furnishing of any would give rise to any mechanicals' or other liens against the Property. 1. No Liabili^,y. Landlord shall not be lietble to Tenant for any loss of damage to any property or pep-son occasion- ed by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority or by any other cause beyond the control of Landlord nor shall Landlord be liable for any damage or inconvenience which may arise though repair or alteration of any part of the Property or any building thereon. m. &rg Maieure. Whenever a period of time is herein prescribed for the taking of an action by Landlord, Land- lord shall not be liable or responsible for, and there shall be excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions, or any other cause whatsoever beyond the control of the Landlord. n. interest. Any amount or sum of money due to Landlord hereunder which is designated as having a charge of inter- est shall bear interest at the rate stated herein but in no case and under no circumstances shall any such amount PAGE 10 AgendaNo_ Agenda 11ertL-_ a ZJ~ ~rl bear interest at a rate in excess of the highest rate permitted by law. o. Tenant's property. Tenant shall remove its personal property from the Property within five (5) days subsequent 1 to the termination of this Lease, subject to Landlord's exercise of its lien rights hereunder. Should Tenant fail - to remove said personal property, Landlord shall have the unfettered right to remove such personally and to dispose of it as Landlord sees fit, at Landlord's sole discretion, and to Landlord's benefit. f j p. No Nuisance. Tenant shall conduct its business and control its agents, employees, invitees, and visitors in such manner as not to create any nuisance. q. Effective Date. The "Effective Date" of this Lease shall be the date on which the Landlord signs this Lease. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease in multiple original counterparts as of the Effective Date. CITY OF DENTON, LANDLORD CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITC , CITY ATTORNEY BY: ~ 4v I C/ ~ L J. L. MAD WILL &4X-4-Q OHN DFORD r PAGE 11 Agenda No Agenda lterTt- ,cis ~ 'We EXIUU-A /4- [Legal Description] All that certain tract or parcel of land situated in the C. Poullalier Surveyy, Abstract No. 1007 and the S. C. Hlrame Survey, Abstract No. 616, in the Cy' of Denton Denton County, Texas ■nd being pArt of a certain tract described in deed from Mrs. M. Saunderst Executrix, to ,Toe Hobson, recorded in Volume 351, Page 545, Daed Records, Denton County, Texas, and being more particularly described as follows: CWW NCIN0 at the southeast corner of the C. Poullalier Survey, Abstract No. 20071 THENCE N e1 doyroes 47 minutes 20 seconds W for a distance of 303.11 feet togya 1/2 Incyyh iron rod found for corner, said ppopint being in the north hAOINTwOF BEOINNlNGObson Lane (BO Loot A.O.W.), said point a Lo being THENCE N 89 denies 45 minutes 13 seconds 1{ along said north right-of-way line for a dimEanot of 2371.94 feet to a 1/2 inch iron rod found for corner) THENCE N 00 degrees 38 minutes 17 seconds t, leaving rid north right-of-way line for a distance of 1746.58 feet to 5/8 inch iron rod found for corner) THENCE S 89 degrees 26 minutes 50 seconds E for a distance of 1213.79 feet to a found fence corners THENCE N 00 do roes 37 minutes 33 seconds t for a distance of 3174.22 test to a 1/2 inch iron rod found for corners THENCE 8 9 d•gross 2% minutes 05 seconds r for a distance of 1354.16 foot to a S/8 nch }ron p~rrod found for co{net, said point being In the west right-ol-way no of Teasley Road (90 foot A.O.W.11 THENCE S 00 degrees 0 nut ii 25 seconds p •lo q said week ri ht-of-way line !or a dipEO•ne• o 91OS.~9 feet to a 1/~ inch Iron rod fqun8 for corner said lnt ben the rpolrlt of curvature of a non-tan er,t curve to the lettwhose center bears N 89 dooqrs•s 26 minutes 41 seconds r, having a radiu of 1190.92 fe~1t a c nepral An le of 15 d•ac•es 47 min tee 42 tacon~s, a tan ant oT ~65.2a )set and a chord bearing of 6 0 degrees 25 minutes 10 seconds t) THENCE along said west lght-ot-way lint and along said curve to the left for a distance of 328.3 [set to a 3/6 inch iron rod found for cornarl THEly~CcL S 00 d•Cree1 33 minutes 07 seconds E for a distance of 77,40 feet to a 5/8 inch Iron rod found for corner) THENCE N 69 do roes 44 minutes 26 seconds W for a distance of 249.52 feet to a 1/2 inch iron rod found for corners THtNCr 8 00 degrees 06 minutes 26 seconds t for a distance of 698.19 feet to the POINT OF 6EGINNINGs CONTAINING 8,729,022.26 square feet or 200.3908 acres of land, more or toss. 1 I a F:F~ ..y} .y}rr~ar jL i+a v ii~• `"}COUNCIL t t. } grT XI: MIT: Opp of p ` ro 1 O d R Q~Q dGO~ ~r it I I , Veda No ) +~dendallthr ' eta DATE: March 2, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Logo Reader Board Legislation Resolution RECOMMENDATION: P&Z recommends approval. UMMARY s i Would allow logo reader boards in the right-of-way of state and federal highways. BACKGROUND: P&Z reviewed the reader board issue during its deliberations of IH-35 signage, and, like Lubbock and the Texas Municipal League, found that these signs are highly effective in providing information about business locations along limited access highways. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Economic development and business along IH-35. FISCAL IMPACT: None. Respectfully submitted: v Prepaied by: Lloy V. Harrell, C Ay Manager Frank H. Dobbins A ICP Attachments Resolution AXX002DS C1\WPD0CS\RES0\LOGO,R 401d3No. '~~C ~~~,j AQendaltmn -A,CJ S RESOLUTION NO. - I A RESOLUTION REQUESTING THE TEXAS LEGISLATURE TO ADOPT LEGISLATION I REGARDING THE USE OF LOGO READER BOARDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many states have adopted a program which allows logo reader boards for commercial advertising within public rights-of- way; and i WHEREAS, such logo reader boards provide a valuable service to motorists in order to determine upcoming locations for food, lodging, and gasoline; and WHEREAS, the City Planners Association of Texas has urged passage of legislation allowing the Texas Department of Transpor- tation to use logo reader boards within State and Federal highways; and WHEREAS, the Texas Municipal League has endorsed such legislation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DENTON, TEXAS: SECTION 1. That the City council respectfully request the Texas Legislature enact legislation to allow the Texas Department of Transportation to adopt policies and regulations encouraging the use of logo reader boards within the State and Federal highway rights-of-way, SECTION-S• That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA/A}}.' ~DRAYOVI",CCH, CITY ATTORNEY BY 3 sue" / Et C I T Y Cllr{ #?II r COUNCIL .I t 3 rl~, rf I I i 0 01 e~ loom o M.1 0 TTZ- TTT: I Illaul: .r sir; f o as j J -2 ' 014 I CITY of DENTON, TEXAS MUN10PAL 8U1LO1.NQ / AENTCN, TEXAS 76201 /TELEPHONE (817) 566•8307 { O"ice of the City Manager MEMORANDUM i i TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: February 25, 1993 SUBJECT: Resolution for Distribution of Property This resolution would be the final act terminating our separation of Emergency Management from the City-County operation to separate entities. As you know, last year we did that in the budget. We are now simply trying to divide the property evenly. The only 1 operational thing this will change for us is it will allow us to acquire a replacement to Cook's fleet. If you or the Council has any further questions, I would be happy to try and respond to them at your convenience. I Rick ~ Rick Svehla Deputy City Manager RS:bw AMM00255 Attachment b:emergmgt,res AGenbs No Ap?'~Cdlfen~~J,S ~ ~ C' . l7y RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPORTIONING EMERGENCY MANAGE14ENT EQUIPMENT AND PROPERTY JOINTLY HELD BY THE CITY OF DENTON AND DENTON COUNTY; AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Denton City ordinance No. 87-095 and commissioners Court Order dated July 21, 1986, the Council of the City of Denton, Texas and the Commissioners Court of Denton County formed an organization known as Denton City/County Emergency Management and jointly acquired emergency management equipment through various grants and budgetary expenditures; and j WHEREAS, both the City of Denton and Denton County agree that the emergency management needs of their respective communities are better served by operating independently] and WHEREAS, the Fire Chief of the City of Denton, Texas and the Director of Administration for Denton County have tentatively proposed a division of jointly held emergency management property and equipment, as shown in the attached Exhibit and incorporated by reference as if fully set forth herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVESt SECTION i That the proposed division of jointly held emar- gency management property and equipment shown in the attached and i fully incorporated exhibit is hereby ratified as a fair and equit- able apportionment of jointly held emergency management equipment and property, and that, contingent upon the like ratification by the Commissioners Court of Denton County, the City of Denton, Texas hereinafter recognizes those items identified in the attached Ex- hibit to be the individual property of the entities therein identi- fied as owning same. SECTION II That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993, BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: a Apends No _ Apend3ltent_ 3~y APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCB, CITY ATTORNEY BY: r. i I i 9,3 DO ngendi No AgendaifersL_41 1 e 0:11e PROPERTY TO BE TRANSFERRED TO THE CITY OF DENTON QUANTITY ITEM 1 Oak desk I Small metal desk 1 Black metal desk 2 Blank high-back swivel desk chair _ 1 Brown metal long credenza 1 Green swivel chair l Large brown book case with glass 1 Large 4-drawer file cabinet 1 Black 2-drawer file cabinet 1 3-Sand HF Yagi array antenna 1 Antenna rotor Yaesu HF radio 1 Motorola remote radio console 3 E. re*aote radio console 1 Hard-held scanner with wall charger 1 Midland VHF lower band H.T. desk charger 1 Midland VHF lower band H.T. 1 800 MHZ City H.T. 1 Large wood bookcase 1 IBM Selectric II typewriter 1 Teletype unit 3 Printing dumb terminal PROPERTY TO BE TRANSFERRED TO DENTON COUNTY QUANTITY ITEM 2 Gray metal desk 1 Brown swivel desk chair 1 Brown metal short credenza 3 Steel bookcase 1 Large 4-drawer file cabinet 1 Small wood bookcase 1 2-Mtr antenna 1 Radiological service set 1 Radiological training kit 1 Teletype printer with stand 1 Teletype dumb terminal 1 Plictron warning transmitter 2 Hand-held scanner l Midland VHF H.T. transceiver with mike i Midland VHF H.T. desk charger 1 Midland VHF lower band H.T. 1 Midland VHF lower band H.T. desk charger i Aircraft H.T. with wall charger 2 Portable teletype unit 1 Suburban vehicle with radio equipment (County to pay $2,400 for City's share) f , 1+4 IC I T Y j3y3yjt~~~f{}{}j'jfITr[ ~~Tfr 4 Fltt~$+ COUNCIL 'I 41 IIt~~ 41 I i o} o, p o p is ` t G 7 d I ° i I I CITY COUNCIL REPORT Da to ✓"C~-QC /st~ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Request from Denton Festival Foundation to allow amplifiers and musical instruments at Civic Center Park on Sunday, April 25, from noon to 10:00 p.m. for the Denton Arts Festival DATE: March 2, 1993 RECOMMENDATION: To allow the Denton Festival Foundation to use amplifiers and musical instruments at Civic Center Park on Sunday, April 25, from noon to 10:00 p.m. for the Denton Arts Festival. E BACKGROUND: The Denton Arts Festival will be held April 24-25 and will feature both professional and community entertainment, art booths, a children's art area, and continuous live music. All of the bands are either Denton based or were formed while studying at the University of North Texas. This event is free to the public. The City's noise ordinance is in effect from 10:00 p.m. to 7:00 a.m. The Code of ordinances also states that the "operation of a loudspeaker, amplifier or musical instrument at any time on Sunday" is a noise nuisance. However, the Code goes on to state that "the City Council may make exceptions upon application when the public interest will be served." (Chapter 20 Nuisances, p. 1389) The Denton Festival Foundation has requested that the City Council allow the Denton Arts Festival to use the usual amplifiers and musical instruments during the event. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Denton Festival Foundation, citizens of Denton, Denton Arts Festival attenders FISCAL IMPACT: None i I ApendaNo Noma ttem, _ 1--L Date Please advise if I can provide additional information. ` RESPECT LILLY SUBMITTED, Llo V. Harrell City Manager Prepared by: Catherlne E. Tuck Administrative Assistant 1 ! II T r r f ~~~C I T Y ~ M ~ ~ r. µ;COUNCIL :~t rrt Z I~rF { I ~ ~f ~IFx + rr I o.° t ,(~~~OCAQQ 7 V 4 h f0 'L O O O XT XT T-w ~00~Noac'~60o0 I X. IT T11T. E ml I :c C + ftsgt!,3 -11e Date A`. Community Development Office 10511 West Hickory Sfreet ciTy of DENTON, TEXAS Den Ion, Texas 7620t-4115 (6!71363.7726 MEMORANDUM DATES January 29, 1993 TOt FISC Members FROM: Barbara Ross SUBJECT: Minutes Enclosed are the minutes from April 7th, May Gth and August 6th. The Committee will need to correct and/or approve these at our meeting on Thursday, February 4th. Call us if you have questions. See you on Thursday. i /e~7 lJ3ta_ ~eG~. .cf / 11 1~1 e44 1~ 1L! lti~G ~2t 7 C>~ f L c~ _C~ls+ e- 4r- 4~ u ~1 - c~C% s [P. A--/ "Dedicaled to Oualily Service" t7 C HANDOUT TO COUNCIL - 3-2-93 D CITY ofDENTON, TEXAS MUNICIPAL BUILDING / 2f5 E. McKINNEY / DENTON, TEXAS 76201 XEXORANDUX DATE: March 2, 1993 i TO: Mayor and Members of the City Council i THROUGH: Kathy DuBOSe, Director of Accounting & Budget Operations X FROM: Jon Fortune, Management Services Administrator Jc SU3JECT: RESULTS OF THE 1993-94 BUDGET PRIORITIES QUESTION AIRE Please find ar.tached the results of the 1993-94 City Council Budget Priorities Questionnaire. The average score for each service area has been ranked and the service areas with the same scores have been grouped together. Also included are the responses made by individual council members regarding specific budget policy issues. The results of the questionnaire reflect the opinions of six of the seven council, members. If I can provide you with additional information, please let me know. AFF00518 Attachment I J 8171566.8200 D/FW METRO 4344529 1 f II RESULTS 03'01,'93 I CITY COUNCIL BUDGET PRIORMES QUESTIONNAIRE 1993-94 BUDGET RATIN VALUE ELIMINATE CURRENT EFFORT I SUB37ANTIALLY REDUCE CURRENT EFFORT ] REDUCE CURRENT EFFORT S CONTINUE CURRENT EFFORT S INCRP.ISE CURRENT EFFORT y SUBSTANTIALLY INCREASE CURRENT EFFORT 6 IN MATE NEW EFFORT 7 TOTAL AVERAGE 5ERVIC6 AREA SCORB I' SCOR$ STREET CONSTRUCTION/REBUILDING 35 5.83 RECYCLING EFFORTS 35 5.83 LONG RANGE COMPREHENSIVE PLANNING 33 5.50 STREET MALE ITENANCE/REPAIR 31 5.17 LITTER PROGRAMS 31 5.17 SIGN VIOLATION ENFORCEMENT 30 5.00 COMMUNITY ORIENTED POLICING (COPS) 30 500 I LOW & MODERATE INCOME HOUSING 29 4.83 DRAINAGE DISTRICT 29 4.83 MUNICIPAL COURT 29 4.83 CIVIC CENTER MAINTENANCE 28 4.67 STORM DRAINAGE IMPROVEMENTS 28 4.67 LIBRARY PROGRAMS (IN GENERAL) 28 4.67 LIBRARY YOUTH/CHILDREN'S PROGRAMS 28 -%,67 GREENBELT SYSTEM PLANNING/DEVLOPMENT 28 4.67 DEMOLITION OF SUBSTANDARD BLDG 27 4.50 CITY BEAUTIFICATION 27 4.50 HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 27 4.50 LIBRARY EXPANSION 27 4.50 DRUG ABUSE/ENFORCEMENT PROGRAMS 27 4.50 BICYCLEARKING TRAIL DEVELOPMENT 26 4.33 STREET SWEEPING 26 4.33 CRIME INVESTIGATION 26 4.33 WATER STORAGE/RESERVES 26 4.33 CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 26 4.33 NEW PARKS/PARK EXPANSION 26 4.33 WORKFORCE DIVERSITY 26 4.33 PUBLIC TRANSPORTATION (SPAN, ETC.) 26 4.33 FIRE PREVENTION 26 4.33 NEIGHBORHOOD SERVICES (NICE, ETC.) 26 4,33 ECON DEV UTILITY INCENTIVE LINES 25 4.17 ANIMAL CONTROL 25 4.17 f 1 1 f TRAFFIC SIGNALIZATION/ENGINEERING 25 4.17 LEGAL SERVICES 25 4.17 AIRPORT DEVELOPMENT 25 4.17 SENIOR CITIZEN PROGRAMS 25 4.17 EMPLOYEE TRAINING/DEVELOPMENT 25 4.17 NEW WASTEWATER TREATMENT PLANT 25 4.17 INTERNAL AUDIT SERVICES 25 4.17 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 25 4.17 POLICE PATROL 25 4.17 ECON DEV UTILITY INCENTIVE RATES 25 4.17 INFO/DATA PROCESSING SERVICES 25 4.17 LIBRARY REFERENCE SERVICES 24 4.00 ENVIRONMENTAL HEALTH (INSPECTIONS, ETC.) 24 4.00 CURRENT HOTEL/MOTEL TAX CONTRIBUTIONS 24 4.00 ECON DEV INCENTIVES (TAX ABATE, ETC.) 24 4.00 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC.) 24 4.00 PARK MAINTENANCE 24 400 FIRE SUPPRESSION 24 4.00 PARKINGfTRAFFIC ENFORCEMENT 24 4.00 EMERGENCY MEDICAL (AMBULANCE) 24 4.00 RECREATION CENTER PROGRAMS 24 4.00 PERSONNEL RECRUITMENT 24 4.00 RISK MANAGEMENT 24 4.00 BUILDINO INSPECTION 24 4.00 NEW ATHLETIC FIELDS 24 LoO J YOUTH RECREATION PROGRAMS 23 3.83 LIBRARY AUDIO/VISUAL SERVICES 23 3.83 DEVELOPMENT REVIEW PROCESS 23 3.83 EMERGENCY PREPAREDNESS (MANAGEMENT) 23 3.83 NEW ATHLETIC PROGRAMS 22 3.67 I RESPONSES TO BUDGET POLICY ISSUES et,nt.wr 1943-% BUDGET Below are spoci&- actions or dr'rectioa given to stiff by individual Couocilmembers for development of the 1993-95 annual budget. Comments incfu" in bracfets were inserted by stiff for clarification purpoisea. Take stepped-up action on recycling. Look at Dickson committee proposals again. (mestigate current private hauling for recycling purposes. Research surrounding cities. Take leadership role in 'Vision for Denton' long range planning process and provide funds for the program. Spend more time (with Council members) in order to establish more depth of understanding of each part of the budget. Make a thorough study of solid waste issue and develop short term and long term plans. Concentrate on developing existing Parks and Recreation facilities and fields rather than purchasing new locations. [I support the idea of establishing aI court of record. Immediate, thorough enforcement of sign ordinance. Tin regards to DOWNTOWN REDEVELOPMENT (MAIN ST., ETC.)] It seems to me we have done much downtown and mainly need to hold steady what we have accomplished. What can we do to reduce our tax rate? e.g. What will stormwater utility do in this area? Prepare a budget holding the line working toward a tax decrease not just below the effective rate. [My response to initiate new effort in LIBRARY EXPANSION] envisions bringing system to standard, automation, etc. Provide new computer systems for Poiicc, Fire, and Library. Take this out of the normal CIP process and have council make det:rrtinations and make use of C.O.s I In my judgement (regarding AIRPORT DEVELOPMENT,] we are making an effort here that is a maximum considering I'renton's resources. Accelerate hikelbike trail planning. I Ilnerease current effort toward] more long range planning, especially with respect to outcome of economic development effort as a basis for sound policy. i (Determine] what programs that can be eliminated the City has funded &:r several years and should stand alone. 1,e. Three years or more. [Conduct] thorough inventory of all city properties--with chairs, etc. being numbered!I What effect would a 109E across the board decrease in each department have? [My response to continue current effort on the NEW WASTEWATER TREATMENT PLANT] envisions completion of current project.