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04-27-1993
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VOL, 3245, PG, 69'\\ 2~Ti p,i , 1\ \ ~ r w \ R,p,R,O,C,Ti / 00 "ll DENOTES ALTEf~NA~'E 'Y'FOi~'~l~9LIC ;;4 sloE 8 APP'R0 e.' 16 "UTIJTY, rmm r ~ s 1 PUBLIC ES *Mt. .000 P~1(ATE r` APMXMATE LOCATION or INTERNAL WALKWAY SYSTEM C4NhlIkCT1N~ 1 PUBLIC WALKWAYS TO INtE`J}iNAL' PARKN~IG # 3 4 VIP' WALKWAYS . 1 `f r 4 \ r Pi! :SHALL' E A 46 SOOT SETSA&'AI.~Nt~ IN-36 aNb Al. z y'""~•~\...N✓'~'" /r "."\V. ` 1 \ \ d / } • { \ \ LL ROAD t FUTURE LOOP 288) WITH NO PAR" ALI 01 ~1a e k-ol SL i f'~1 e l W.. r. \ r y. r \ ~ ....V ~ ` .~~I 11~ ~ _ ~ \ ~ l Tr A 7 FIRST. (FRONT,) 20 FEET. 1 ITY r~ f asy +`5~ ,t +.r... ~,~J /r ` •.v\\ ...,r6/u ,\`yy C3lS9y7-$07 I FT1~~, s' ,r r ..~IJ\ yy~~ U{ 000 40, } 4 ~I:•' \ 'fir \ rr ,.,wl W~'r " ` f'SOIT6 \ \ r r t ~ 1 X N%" j W f'" E9'MTJI II \ \ ~I 1 11 posWt. ii,, , .~.r•ti rW' y`r'. .r/ JOld / +r \ ~ y~ r..«... : ? rri ~j * 04 WiA RAMA \ \ \ 100 \ ` ~ • ` ..1 1 11 ` 1 I i I I E r ~ / F TkTM L** Z ANbENr 1 1 t M EWTMO -l I 1 1 PIi0P4lE'D POND E, / i1 / 1 1 w 1 201101 \ 46% 44 ~ Ip did 07 41% gb I, A ~1 • • ` , 6"' 1 r To at I I AWT- ' WAY AWANDOMMENr WENT VOL, 04 0' 0A\ ~48" ~E 4 0 j I O MAYHLL IWAD hEALrY VOL 3047 No 776 ITY 1 [fMTSO'01k~ to utluty W E9 `WT. utluty NOhfAAl 1910 dl ' 40 U, ` YA W* I 1 1 i ~ gt YILI.NOAD WALT Y ` \ \ \y / 1 (00 , i I i f I~ I 1 Vd.~"l P$, 6" 1 + i 1 WALLY Cot ` P4 6" Y ~ r 4 ~ ' VICINITY MAP 40 VOL 442 P0. "I 1S101TA, E91w, 40 1 a1aur re1u, Pad 20 VOL, 442 Po, $40 V CIS 1130 ~ !d E ..2t 18 OM 1 ' ODD, #A# IN f not; PosteR rA K t 1 # , / ~I 1. r z .1' ..q 4 L-- cimw ll SITE Y s, L A f~ Y r1 1 i 10 R10 Sft 40 u LWON a~ J him ss1.`a yxi; ,I i. 1imw t r G t --Mp~ L . ~ f S LOT `15` O"NIt'e'CSF& CAMN 06 0*01CAVION The undexsi$oe t , d, b1 Ch~~r~an`'gt thOPlenntng,an~ 4 19 0040~ as 10A ~QA Of" GARY, Av, ALLACE Denton, xax+r, hereby a0rtitter that the taKe9iairl STATE or T' AR j Bi.OC1t' R ~ CANTO* W►1~R , B~TA,'tM ~ A ARA1+1►T of i 160, CANYON ROAD co 1t' QF 00M Nq RA$ Ken dprtbne d,nd ,wife oy*. ooribner are the CANTO" WR BE'PAT"0 was submitted to the P.1ann~n~ ownor's off. that Gerta.i.n fagk Qr ; arogl of lalnd sI,toot,94 in 't.he ~,fohn the day 4 ~ i9 adnn~n~ end ua~hi~q. 4 SANER, 'TEXAS 76266. and ;theCPlan' ~ir~4r~ 44t e 9afvey# AbstkaotNumber 2, ponton`Cdu,nty,1TMKhs,.b0h g all of Lato 12, Zoning ComM re on byaK as n, ;t e+~ e"hix U'1. rind n3'"tihi 9"070O4ptad`At q 40410ats~t► ' ~EAST 456,61' f~' l3 and 144 slook R,'ot Canyon. Laks Rstdta4i 4n Addition to Denton Count", dt otroets,, alle s ~ # perks, ~aseEagts, e _publiq Texas's he lar theKeot recorded '(now, h yd line, And ahaWn and set forth in. and upon said p. .tq ~x~~ebr ~~Id wat1~~ `~~d< rawer r ` ~~fd P1At+ snd. sf `o! inCa~bietQrAt'Page 167)j Plat 'Records of D4r ton'dounty ' Texaer~ and bein Plonntn And Zo orfeed tho acaeptOnO thera4t by more particularly°describod as tollawsi 9 9. ping Cpmmiesion #drther authorised 2,034 CRIES signing his/her name as heteinabove subsoribed, ~d EXISTING BEGINNING at an iron Fpd. found'for -corner, said point being 69 southeast Witrieae my hand this day of 20, It N corner of said Lot 12i.,. TURkE WRk, -456,96 feet with the south line "O said IPt 12 to hn~ iron rod R four►d for corner in the exit line of Canyon Ro},dr a;pub,lio roadway having a a roan, ann ng an on ng ornra as on right-of-way of 60,0 feet, said point being the. southwest corner of said Lot City of Denton, Texas X IN" s ' Q ~N ~ o BE aBA 0 ~ N 12v z APP1WVED AND ACCBPTED THENCE N 00 01 20 W, 58240 feet with said faa 'e of said Road to an 2,034 ACRES iron rod found for corner, said point being 'th0 northwest coinor of said Lot \~F0 141 so Lo PON ti o V% 'Mayor, ty o Denton, Texas TNBMCE EAST, 456,51 'feet to an iron rod found for corneri q170 \qLG ro H W xoc W Q a 6,10 8 8 00 04,00" E, 582,00 feet to the PiaACk DE BROWNING And containing 9' Pd Q ~ c 6,102 acres of land, I AQ FA J C w a p OO w /ad rt = c NOW# TURREPORN, KNOW ALL Mg11 BY TNM isER3l$,' egt. WKbn Scribner and =p4 wife Tanya Scribner, do hereby adoptth pl d ignating the het6koob6ve p Z`S tract as LOT 12R, 'SbOCK. at CANYON LAKE ESTATP, W ~"'t A REPtAT 0! LM'8 .113 AND W 0 o . lp , EAST 122,38 N J 14, BLOCK 6, CANYON LAKE ESTATES, an addttjon o Dentori.County, Texas; and X, use;fotever the streets and F- d H Q do hereby dedicate to Denton Coy'nty for. pu, 6ji a 2 easements for the purpose and Consideration e00690d hereon ~o PROPOSED f,- DoE* 2,034 ACRES b tn ' 230 WEST 438,9 ' . (PLAT CALLS 466s86') a LOT 11 lOOON CLAUDE SMITH a RT. 2 BOX 2424, (cal 1 R a z 1 Y KRUM, TEXAS 76249 l w` LEGEND: USE, UTILITY EASEM NT ` I 3 D,E, DRAINAGE EMIMENT F.I.R. • FOUND IRON `ROD a: SCALE 30 ~b 50 7r: t I I tAYac:NE 1 11.L L 11V11 lr 1111 1 1 . 1 L 1'L 1 1 rr r r 1 !I , , r )CK B It .I I ~I\.~ •..u~~dr~ ~ ~ J.,.I ' r^1' a r. li- ' ~ 1 ~ .t r r11 ~ r ESTATES 1 1 )YS 12, 13 & 14 f .11 I i., Y ! t~ t 3 r `r~ '1 ` ! f III ~ 1 ` I :STATIES + Y t~~ I 1 ~ 4 i 17 I r j. I 74 I t { p VICINITY MAP SCAL 1'~ W 20001 _ i Y f~p ,,yy i~ r f, . 1 a r 1 111: t. ~ arm 1 r~ 1 j i f' 1! I I I r CITY COUNCIL AGENDA PACKET APRIL 27, 1993 1 Apia vo,2~.-04 3 AOMde~ i AGENDAw CITY OF DENTON CITY COUNCIL r~2~G~C 1 April 27, 1993 Work Session of the City of Denton City Council on Tuesday, April 1 27, 1993 at 5:15 p.m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Session. I~ ~ I 5113 p.m. 1. Executive Sessions A. Legal Matters Under Sec, 2(e), Art. 6252-17 V.A.T.S. 1. Consider legal action at 1800 Fort Worth Drive. H. Real Estate finder Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Soc. 2(g), Art. 6252-17 V.A.T.S. 2. Receive a report and hold a discussion regarding jurisdiction of juveniles charged with Penal Code and other State statute offenses and give staff direction. j 3. Receive a report and hold a discussion regarding the city's 1 Animal Code and an update on the Texas Department of Health's 1 action regarding Hartfelt Humane Society and give staff direction. 4. Receive a report and hold a discussion regarding revisions to , the Budget Priority Questionnaire and give staff direction. 56 Receive a report and hold a discussion regarding an update on the Denton Municipal Airport and give staff direction. Regular Meeting of the City of Denton City council on Tuesday, April 27, 1993 at 7100 p.m, in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7100 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular Meeting of April 6, 1993 and the Joint Meeting of April 7, 1993. 1 Aards No City of Denton Citv Council Agenda April 27, 1993 Page 2 3. Citizen Reports A. Receive a citizen report from Joe Dodd regarding proposed charter revisions. r i B. Receive a citizen report from Tom Rodgers regarding the release of the City of Denton ETJ for the Bishop property on Bishop Road and Bishop Road into copper Canyon. C. Receive a citizen report from Willard Simpson regarding grievances against the City. 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning a 299.9 acre tract from Planned Development District 91 and 92 to the Commercial District (C) with conditions on property located southeast of Loop 288 north of IH-35E and west of Mayhill Road. Z-93-005 (The Planning and zoning commission recommended approval at its March 24, 1993 meeting, 6-0, with one abstaining.) B. Hold a public hearing and consider the preliminary and final replats of Lots 12, 131 and 14, Block B, Canyon Lake Estates) into Lot 12R. The 6.102 acre tract is located on the east side of Canyon Road, approximately 2167 feet north of Milam Road (F.M. 3163), in Denton's extraterritorial jurisdiction. (The Planning and Zoning commission recommended approval, 7-0, at its March 24, 1993 meeting.) C. Hold a public hearing to consider the establishment of a stormwater utility in regards toj 1. Consider approval of a resolution of intent regarding the establishment of a stormwater utility. 2. Consider adoption of an ordinance amending Chapter 26 of the Code of Ordinances to establish a stormwater drainage utility systeml adopting Subchapter C of Chapter 402 of the Local Government code (Municipal Utility Drainage Systems)T and declaring drainage to be a public utility. I I I Awl No _ Oats City of Denton City Council Agenda April 27, 1993 D ` Page 3 ,I I ~ I 5. Consent Agenda Each of these items is recommended by the Staff and approval I~ thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the staff recommendations. Listed below are bids and purchases orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6,A, 6.B, 6.C, 6.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: I 1 1. Bid 11489 - IBM File Server 2. Bid 11486 - General Construction and Renovation of the Martin Luther King, Jr. Recreation Center 4. Change Order Revision P.O. P.O. 126052A - 026833A e- Alan Nelson Architects I G B. Tax Refunds 1. Citicorp Mortgage, Inc./Donald Rea $676.21 C. Plats ~I 1, Consider the preliminary plant and comprehensive Denton pedestrian Regional access plan of CeLots nter l Aand ddition Block The 35.933 acre tract is located northwest of Mayhill Road, between Interstate 35 and Colorado Blvd, (The Planning and Zoning commission recommended approval at its March 24, 1993 meeting, 6-0, with one abstaining.) 6. Ordinances A. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - 1 ! Bid 11486) J i AgendaEtenL___ Date City of Denton City Council Agenda April 27, 1993 ~~JJ Page 4 B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.2. - Bid 01486) r C. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Gracon; and providing for an increase in the contract price. (5.A.3. - P.O. 026052A) D. consider adoption of an ordinance authorizing the city Manager to execute Amendment Number one to a contract between the City of Denton and Alan Nelson Architects) and providing for an increase in the contract price due to additional services relating to the design of improvements to the service centers (5.A.4. - P.O. /26933A) E. Consider adoption of an ordinance designating and establishing a school safety speed zone on portions of Linden ,Street, Fulton street and Crescent Street near the Denton High School West Campus; reducing the maximum prima f,icie speed limit for such portions of said streets from thirty (30) miles per hour to twenty (20) miles per hour during certain hours; and providing a penalty of a fino not to exceed two hundred dollars ($200.00). (The Citizens Traffic safety Support Commission recommends approval.) F. Consider adoption of an ordinance designating and establishing a school safety speed zono on portions of Windsor Drive and Bell Avenue adjacent to Strickland Middle School Campus; reducing the maximum prima facie speed limit for such puztions of said streets from thirty (30) miles per hour to twenty (20) miles per hour during certain hours; providing for a limited access lane on the south side of Windsor Drive between Inglewood and Bell Avenue; and providing a penalty of a fine not to exceed two hundred dollars ($200.00). (The Citizens Traffic Safety Support commission recommends approval.) G. Consider adoption of an ordinance approving the retainer of the lawfirm of Lloyd, Gosselink, rowlor, Blevins, and Mathews, P.C. to represent the City in the case of Bolivar Certificate of Convenience and Necessity. i I Ag aNo . Agenda ItortL,, _.._r.. Dale 41- 7`9 City of Denton City Council Agenda ~r G April 27, 1993 Page 5 G 7. Resolutions A. Consider approval of a resolution by the Council of the City of Denton, Texas declaring its willingness to become a sponsoring agency for the "A Vision for Denton - The 21st Century" Project and offering various commitments to support this project. ~i B. Consider approval of a resolution by the Council of the City of Denton, Texas relinquishing in favor of the City of Highland Village 118.09 acres of land commonly known as Pilot Knoll Park within its Extraterritorial Jurisdiction so that the City of Highland Village may institute annexation proceedings with respect to such area. 8. Consider a motion regarding the request of Sheila Alexander relating to a paving lien. 9. Miscellaneous matters from the City Manager. 10. Official Action on Executive Session items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 11. New Business This item providos a section for Council Members to suggest items for future agendas. 12. Executive Sessions A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. NOTE1 THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. ~end+No -O/_3 City of Denton City Council Agenda April 27, 1993 l Page 6 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the city Hall of the City of Denton, Texas, on the day of (P.m.) 1993 at o$clock (a.m.) V CITY SECRETARY NOTE: 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 S DEVICES ECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS R THE F (TDD) BY THAT A SIGN LANGUAGEINTERPRETER CALLING CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO0106 . t:: 1 CITY jfMM COUNCIL ' 1112111 { E i ~I esl a♦ 0 Oro ~ t'+f I i i No '0 ' Ayefda it Date 7 cITYOf DENTON, TEXAS MUNIOIPAL BUILDING / 215E McKINNEY / DENTON, TEXAS 7620f MEMORANDUM DATE: April 22, 1993 T0: Floyd V. Harrell, City Manager gg~~ FROM: Harlan L. Jefferson, Director or~ sur.y Operation s/Y Sandra White, Municipal Judge ~L? /fY~~ SUBJECTI ACCEPTING CASES OF JUVENILE OFFENDERS THAT FALL UNDER OUR ORIGINAL JURISDICTION This report is in response to the City Councils request to evaluatour alternatives for processing cases of juvenile offenders committing Class C misdemeanors with the exception of traffic offenses. Since this item has been discussed on City Council's last two worksessions, we will not recite all the background information that has been provided previously (see Judge Whitefs March 26, 1993 memorandum). Instead, this report reviews our current means of handling non-traffic juvonile Class C misdemeanor cauca and the Police Department's auxiliary activities in this regard. Secondly, this report discusses the resources needed to handle all juvenile cases that fall under our jurisdiction. Thirdly, the use of diversion programs for increased enforcement and accountability is discussed (i.e., one dimensional volunteer groups and Teen Court), CURRENT PROCEDURES AND PRACTICES ' During February 19930 our Police Department stopped filing Class C misdemeanor cases of juveniles with the County Court-at-Law. This was done at the request of Judge Darlene Whitten. However, the Police Department continues to provide other vital services to assist juveniles, Contrary to statements made during the April 13, 1993 City Council meeting that the Police Department no longer has juvenile officers, Officer Keith Smith seives as the departments i juvenile officer, In addition, the department also has a child J 8171566.8200 01FWAfLcrnO434.2529 Apertda Mo _ _Q,~~~ ^ _ Apes Gv_ e _yl Memo to Lloyd V. Harrell / J April 22, 1993 Page 2 abuse officer (i.e., Officer Jimmy Brown). To assist these officers, the Police Department previously had other officers available to process juvenile cases. Apart from the assignment of the above mentioned officers to juvenile and child abuse responsibilities, the department has also been involved in establishing community-based and educational j programs to prevent youth from getting involved with drugs (i.e., the Drug-Free Youth in Texas, Drug Abuse Resistance Education Programs, and Police Athletic League). The Drug-Free Youth in Texas (D-FY-IT) Program is a volunteer organization designed to curb the use of drugs among teenagers. Since its introduction into i the Denton community in 1991, it has been administered by and for students with the guidance of adult supervisors. The program offers juveniles that prove they are drug-free discounts for entertainment, food, clothing, and other merchandise at local retailers. f The Drug Abuse Resistance Education (D.A.R.E.) Program is a substance abuse prevention program designed to equip elementary school children with skills for resisting peer pressure to experiment with tobacco, drugs, and alcohol. Currently, the program has six (6) specially trained D.A.R.E. officers teaching in all nine elementary schools and both middle schools in the city of Denton. Two of the officers are on staff with the Texas D.A.R.E. Institute. The institute is responsible for training D.A.R.E. officers throughout the state of Texas, The D.A.R.E. lessons focus on showing students how to resist peer pressure, teaching students J deoisien-making skills, providing accurate information about drug", and giving students ideas for alternatives to drug use. The Denton Police Department instituted the Police Athletic League (PAL), in October of 1988 to allow children ages 8 to 18 the opportunity to learn and participate in athletio activities. These activities include boxing, baseball and dance (girls only) and are stsuppforted by iso a local Police Officer whose salary comes ~frompthe City of Denton. Donations and ,rants average about $5,000 per year and approximately 200 children participate annually. Though some children are referred by the County Juvenile Court for class A, B, and C misdemeanors, any child can participate. Volunteers include off-duty Denton police officers. The program stresses athletic achievement and alternative to delinquent activities. i BASIC JUVENILE PROCESSING PROCEDURES If the City of Denton exercises its jurisdiction over all legally J Qgen63No Agendaitem Memo to Lloyd V. Harrell 17 April 22, 1993 Page 3 i permitted juvenile offenses, Several changes in our procedures will be necessary. We would start processing offenses committed by juveniles if they had previously been convicted of two or less misdemeanors punishable by fine only other than a traffic offense or public intoxication; or two violations of a penal ordinance of political subdivision. This would include offenses such as petty shoplifting, Class C assault and disorderly conduct. We anticipate processing approximately thirty (30) cases per month under the current condition. However, in the event the Denton Indep3ndent school District continues its Zero Tolerance Policy, we anticipate receiving an additional juvenile cases. Unfortunately, we cannot completely estimate the extra volume of cases without hiettrical data. The following requirements were used as the basin for calculating the costs of accepting and processing all juvenile cases that fall within our jurisdiction. + 1. The cases would have to be maintained separately from the adult cases. 2. The cases would have to be processed manually because of the sealing requirement. 3. Tracking of defendant conviction history would have to be done either manually or on a separate computer. 4. Cases will require closed hearing. This will necessitate creation of a new docket. 5. Fines in excess of $100 cannot be assessed. 6. Because warrants cannot be issued for the arrest of juveniles, we have virtually no enforcement mechanism. Juveniles will be able to qo unpunished. The above items will increase the workload of the Municipal Judge, Prosecutor, and Court Clerks office. Because of the increase in the workload in the Municipal Court, over the past year and a half, we are unable to absorb the juvenile rases into our operation without additional staff. Due to the Police Department's success eir bytthehend of Selective March they have written 2743Pmore atick tssthia fgrant, iscal year than they did last fiscal year at this time. This has resulted in an increased workload for the Municipal Judge and Court Clerk's office) however, we have experienced an increase in revenue as well (see Attachment A). The following table illustrates the additional workload the court's staff is experiencing. ~penda No AgenCa~tanL,CU~.~S p~''o? Memo to Lloyd V. Harrell Date t ~ April 22, 1993 Page 4 D Workload 1991/9? Measurse 1992/93* k Warrants Issued 1,809 1098 .77 Budget Expended 4 overtime Budget Expanded } 3,887 13,350 3431 30887 7 Temporary/ ,589 1951 Seasonal 3,000 200388 6794 ` Employee 4,731 17,868 377% *This is only for a six morith period. Under these circumstances, the Municipal Judge feels that an additional fifteen 15) hours assistant municipal judge. We also belie eithatethegCourt Clerk's staff will expend approximately twent document processing, docket y do hours per week on Additionally, to separate the preparation, and hearings, Personal computer and separate fijleuveni drawer willsbefrequired ts,The cost estimates based on our current workload are listed below. In the event the Denton Independent School n!strict continue to pressure e will co tinue toomonitornthisosituation, asiInformation becomes available, EXPENDITURE CATEGORY COST FOR CURRENT CASE LOAD Regular Part-time Municipal Judge $ 8,250 Regular Part-time Municipal Court Clerk Police Overtime (Est, Only) $ 5,448 Personal Computer $ 1,000 Filing Cabinet $ 3,500 TOTAL $ 50Q - $ 18,698 AgrdaNo. Agendaltem: [We Memo to Lloyd V. Harrell April 22, 1993 U Page 5 Advantages of Accepting Jurisdiction: 1. By accepting this responsibility we will fill a void in the juvenile justice system and increase enforcement in this area. 2. Juveniles committing their first and second offense may be discouraged from continuing criminal activities. r E 3. Our community as a whole will benefit from any mechanisms used to deter juveniles from continuing criminal activities. This could positively affect the security of our community, j the safety of our citizens and the overall image of the City I of Denton. Disadvantages of Accepting Jurisdiction: 1. The City of Denton has no enforcement capabilities in the event the juvenile does not comply with the Court's order. If he or she fails to pay any fines assessed, a warrant cannot be issued for the arrest of the juvenile offender which could result in him or her going unpunished. 2. The lack of enforcement capabilities could result in wasted effort and prevent us from accomplishing the benefits mentioned above. DIVERSION PROGRAMS In addition to the basic program mentioned above for processing juvenile offenders, the City could also consider implementing a diversion program. Such a program would be designed to divert first-time juvenile offenders around the court system in an attempt to make them accountable for their actions and teach them lessons which will prevent them from being repeat offenders. This is done because juveniles are commonly considered to have less judgement and maturity than adults; therefore, they are given every ' opportunity to atone for their offenses. The program is attractive to juveniles because successful completion will prevent criminal records from being created for them. There are basically two types of diversion programs that the City could consider establishing. The first is diver ion to a community-based volunteer organization and the second is diversion to a Teen Court.. The City of Lewisville uses the former. Before the eligible cases are ever submitted to the Municipal Court, their police department Awda No 9_ 3 6'13 AQendahenl lU~ aie Date Memo to Lloyd V. Harrell April 22, 1993 Page 6 divert the juvenile offenders to the Greater Lewisville Youth and Family Services Agency. The officers require the youth to complete a preset curriculum at this agency. In the event the youth fail to complete the curriculum, the officer then files the case with the Municipal Court. Since the Greater Lewisville Youth and Family Services Agency is funded by the United Way, Highland Village, Flower Mound, and other grants, there are limited costs associated with this program for the City of Lewisville. Additionally, the city benefits because the workload of its court is also reduced. In this area, the Teen Court is by far the more popular of the two diversion programs. In the metroplex, it is currently being utilized by the cities of Arlington, The Colony, Forest Hill, Fort Worth, Grand Prairie, Irving, North Richland Hills, Plano, and Southlake. Getting juveniles to take responsibility for their actions, to provide restitution to the community, while actively involving the community in solving their juvenile crime problem are listed as the purpose of the Teen Court program. This process includes the creation of a peer teen jury system to sentence juvenile offenders. Sentencing normally involves restitution nade to the victim for property loss or damage; personal apology to the victim; community compensation via volunteer community service work; and special education programs. Successful Teen Court programs usually include development of a public relations agenda, the assistance of volunteer organizations, volunteer adult board members, volunteer juveniles, a paid coordinator, a meeting place, and recognition program. Attachment e is a copy of the Texas Teen Court Meeting notes from November 1991. These notes outline the steps needed to develop a new Teen Court program. Teen Courts are typically managed by a board of volunteer adults, and staffed by at least one paid coordinator. These individuals usually develop the Teen Court public relations program, recruit volunteer organizations for youth to provide community services through, and manage the logistics such as meeting place, time, and development of a recognition program. For your information, we have attached a copy of the City of Arlington's Teen Court general information release. It discusses how the Arlington program was established and the procedures that were involved. The functions of the Teen Court participants, except for the Judge, is usually carried out by the Teen Volunteers and Teen defendants. Their role is only to determine the appropriate sentencing (i.e. Public service activities and amount of hours). In a Teen Court program the juvenile first appears in Municipal Court to enter a plea and is then diverted to the Teen Court if appropriate. If the 93 - G _ A" No. Agenda F!er2_. _ 'J fia Memo to Lloyd V. Harrell 17 April 22, 1993 !if Page 7 1 i juvenile does not satisfy the requirements of his sentence, he will have to return to Municipal Court for another hearing. Costs for operating the Teen Court varies substantially among the cities we interviewed. The Cite of Arlington expends more than $60,000 annually and has two permitnent staff members. They process more than 900 juvenile cases a year which involve not only Class C misdemeanor cases, but also Class A and B misdemeanors. Seemingly, the City of Odessa expends more than $40,000 annually on their Teen f Court Program. Both programs are considered to be premier Teen Courts around the state. on the other end of the spectrum, The f Colony spends less than $1,000 annually on their Teen Court Program which processes only 40 to 50 cases a year. Likewise, the City of Grand Prairie processes approximately 1,080 juvenile cases annually and spends less than $10,000 a year on their program. We believe j that for us to establish a successful Teen Court Program, we will require $35,000 in expenditures. This will include a salary for a paid coordinator, office equipment and furniture, and supplies. Unfortunately, because the class C misdemeanor traffic and minor in possession of alcohol offenses will be eligible for Teen Court, we anticipate the loss of more than $27,000 annually in revenue if a Teen Court Program is implemented. This revenue loss will occur because juveniles attending Teen Court cannot be charged more than a $10.00 processing fee. However, most Teen Courts waive thii fee altogether. Advantages of a Teen Court Program: 1. Make available services that decrease conditions which contribute to juvenile offenses. 2. Hold juvenile offenders responsible for unlawful acts. 3. Hold the community responsible for its role in contributing to juveniles offenses. 4. Reduce the likelihood of repeat offenders. 5. Minimize negative labeling of juvenile offenders. ' 6. Compensate victims of crime committed by juveniles. 7. Protect the Constitutional Rights of juvenile offenders while recognizing the rights of the victims and the community. Disadvantages: 1. The program will cost approximately $35,000 in expenditures agenda No Agend3Etem CU_✓`_ 4 Dote Memo to Lloyd V. Harrell 7 April 22, 1993 Page 8 and more than $27,000 in lost revenues. 2. If the City implements a Teen Court Program, our case load could increase beyond the projected figure if Class A 6 8 misdemeanors are referred to this court. The premier Teen Courts in Texas process all levels of misdemeanor cases. i 3. If juveniles fail to complete the sentencing reyairements of a the Teen Court, they will have to return to the Municipal j Court for another hearing. This will increase the court's workload. RECOMMENDATIONS If the City Council is interested in accepting the additional jurisdiction over juvenile offenders, we recommend implementing the change in procedures in phases, this recommendation is being made because the staff could immediately begin processing the cases; however, additional time would be needed to recruit volunteer organizations. The second phase of the implementation should be a diversion program similar to that of Lewisville since there is no cost associated with it. Chief Jez recently indicated to me that he thought it was inappropriate for his police officers to be intricately involved in diverting juveniles to volunteer organizations; therefore, we believe the Municipal Court should accept this responsibility. In the event the resources are available tr, implement the Teen Court program, we will be able to easily transittoa from a limited one dimensional diversion program to a Teen Court concept. The recommendations in sequential order are as follows: 1. Immediately implement the basic program to exercise our jurisdiction over Class C juvenile offenses. This will require that the City council approve an $18,698 appropriation in the near future. 2. staff continues to monitor the volume of cases produced by , the Zero Tolerance Policy of the Denton Independent School District. In the event the juvenile case load increases substantially, additional resources may be needed. 3. Implement the one dimensional diversion program which has limited cost associate with it. The Municipal Court will be responsible for diverting juveniles ':o one or more community- based agencies. However, a delay in implementing this recommendation will occur because we have to locate appropriate agencies willing to wort with juvenile offenders. We will monitor the progress of th!s program and periodically report back to the City Council on its success. Agenda No Q3+~--. ~L3 Agendall$q Memo to Lloyd V. Harrell NO 2 - April 22, 1993 i 17 Page 9 ~l 4. Continue evaluation of the Teen Court _ fvccess of this program is dependent ltupon ticommunity ' in,"olvement; therefore, it is necessary that community support be developed for this program. To accomplish this we recommend the City Council develop a task force similar to the one outlined on page one of attachment H representatives Civic Clubs, PTA/PTO, Hoy Scouts, GirlrScoutsj Government, etc.). In the event the task force recommends implementing a Teen Court program at a future date, the program shouid be consid,red during the budget process because of the financial impact associated with it, If you have any questions cr comments, please do not hesitate to contact me. HJraf Attachments AFF005cc ~gendal ,Q',~ 'i Municipal Court Revenue CITY'S PORTIpN % of -Month 1989-90 1990-91 1991-92 1992-93 Prey Year October $77,830 $85,688 i - $62,647 $83,096 132,64% November $85,321 $86,178 $48,025 $84,224 175.38% December $77,244 $53,041 $48,501 $89,453 184.44% 1 January $97,460 $64,033 $65,432 $73,018 111.59% February $89,047 $65,279 $58,364 $94,309 161.59% March $86,106 $68,893 ! ril $77,437 $119,513 154.34% A { P $91,696 $64,946 $78,552 May $94,396 $45,783 $72,782 June $91,610 $49,688 $59,556 July $104,371 $54,474 $94,782 August $80,685 $59,471 $62,638 September $86,066 $64,360 $83,613 Actual $1,087,832 $761,834 $842,329 $543,813- lb ugel 4 $1,103,789 $1,169,500_ $1,120,000$982,000 % of 96.74% 65.14% 72.53% 54.8C%% oGross 789.61% 85.70% on 6 Months only GROSS REVENUE % Of Month 1989-90 1990-91 1991-92 1992-93 Pre October $101,616 $114,516 $78,301 $102,8?b - 131.32 November $102,398 $95,435 $62,962 $99,100 157.40W December $93,190 $64,994 $67,673 $106,146 158.85 January $111,625 $59,602 $71,187 $89,715 126.03% , February $104,882 $76,811 $67,857 $106,176 156.47v March $103,305 $74,714 $99,425 $128,914 129.66x/ April $102,211 $70,306 $66,242 May $105,414 $53,881 $87,801 June $113,441 $53,096 $81,099 July $116,155 $59,411 $75,755 August $105,524 $62,787 $72,295 September $102,929 $74,191 $97,309 -Actual 51,82,690 - -$859,744 -~5947,906__~632_879y ARLINGTON ATTACHMENT B Agenda No V•-'l -D/- Agendaitem Date / TEXAS TEEN COURT (DRAFT COPY) MEETING NOTES NOV. 1991 DEVELOPMENT OF NEW TEEN COURT PROGRAM Discussion on order of actions to take to start a Teen Court. "FIRST JOIN TEXAS TEEN COURT ASSOCIATION FOR INFO." 1. After idea is on the table, someone should: "CALL NATALIE" ~~V t~rv Then get an official support group and PR Agenda a:(W i Junior League ~ \\Q~~ Chamber of Commerce O "1\ ~b'ti Young Lawyers \ f Rotary/Lions/Civics W\ PTA/PTO Boy Scouts/Girl Scouts Women's Chamber Women'a Clubs Government City Council City Manegemelt (Secure official resolution or commitment of support/Media release) - COPIES AVAILABLE SEE CHARLES CROSS PACE 1 ATcNMENT B continu_! Agenda No Agenda item_ ~lL.i '~o? TEXAS TEEN COURT _ 9- %3 Date MEETING NOTES lORAFT COPY_)/~ 7 Form or NOV. 1991 cause to be formed; A Board/Train Board/Elect Structure of Entity How? I) Who appoints Permanent Board r 2) Incorpornt(, 3) Non-Profit 4) Who Is On Board Define Liability Board Employees Participanta Other Why? 1) Support 2) Develop Program 3) Long Range Planning 4) 5) What? Survey Teens Who? Referral Judges (sclect`and educate)`---`--` Teena n School People „ Police/Money Sources/Community Groups Study If COPIES AVAILABLE. SEE CHARLES CROSS PACE 2 ATTACHMENT B continued AgendoNo AgerdVem Lz_ * [ate TEXAS TEEN COURT (DRAFT COPY) 3 7 MEETING NOTES NOV. 1991 Hire a Coordinator, "Pay Dues to Texas Teen Court Association" "JOIN ALL AREA CHAMBER OF COMMERCT:' Contact all area non-Profit ageraies for placement i Establish relationship with, educate referral sources Municipal Judges Justices of the Peace School Administrators Texas Highway Patrol Secure a Meeting Place for Court and Administration Begin program to RECRUIT TEENS/PR/Logo Contest,,, Develope adult volunteers Recruiting Placements Get Judges All Judges/Lawyers/Bnr Association Young Lawyers Organization Retired or Active Mayors District Attorneys/Assistants Other Volunteers Some programs use r.eens - - - - - - - - - - - - - Ir COPIES AVAILABLE SEE CHARLES CROSS PACE 3 ATTACHMENT B continued Agenda No 93 -el, 3 Agendaltem_ICJS5 Date - TEXAS TEEN COURT (DRAFT COPY)A/• J MEETING NOTES NOV. 1991 C/ Train Teen Attorneya School Debate Teams Speech Classes From Offenders Group "BRING COOKIES TO KID MEETINGS" CONTINUE TO RECRUIT FOR TURNOVER REPLACEMENT PREPARE FOR OR EXPECT A TURNOVER EVERY 6 MONTHS DEVELOP RECOGNITION PROGRAM TEEN VOLUNTEER OF THE ADULT VOLUNTEER OF THE 1) ANNUAL RECOGNITION BANQUET 2) IRON ON PATCHES 3) CERTIFICATES OF 4) KEYRINGS 5) NOTEBOOKS, PENCILS, 6) LETTERS OF RECOMMENDATIONS TO COLLEGES, SCHOLARSHIP PROGRAMS, EMPLOYERS, PARENTS, SCHOOL 7) SCHOLARSHIPS TO TEENS ( $50 TO $500) B) HIGH SCHOOL PLAQUES WITH TEEN ATTORNEY'S BAR 9) SPECIAL AWARDS, MCDONALD'S COUPONS, RAFFLES, TEEN COURT "T" SHIRTS, ETC,,,,, Continue to recruit Adult Volunteers Law Auxiliary, Legal Secretaries, JLA, Volunteer Centers, Community Service Groups (TO BE CONTINUED, CHARLES,) COPIES AVAILABLE SEE CHARLES CROSS PAGE to ARLINGTON ATTACHMENT C Agenda No -q,? ARLIM: lt~f.ll a,,ui~l Agenoaflem/ Z6),,5 >02 General lnfurmattoll Date On August 20, 19850 the Mayor and City Council of Arlington, Texas requested the Youth Esteem Services committee of [hc Arlington Iluman Services Project to develop and refine the Teen Court concept which had been introduced to the Council by Ns. Patricia Killen and Ns. Kathy Howe, I On January 30, 1986, the City Council appointed a review committee to - formalize the basic concept for the development and implementation of a r Teen Court in Arlington. Subsequently, the City Council approved the following proposals presented by the Review Committee= 1) That Teen Court be made a joint project of the City of Arlington, an existing youth-serving agency, and community service organi- zations. Specifically, the City would provide facilities and paid staff, the youtlti-serving agency would provide coordination and oversight, and community service organizations would provide volunteers, funding and expertise, 2) That in keeping with the City's legal need to locate administrative responsibility outside City government, the youth-serving agency should assume this function, 3) That the youth-serving agency obtain insurance to cover areas of liability, 4) That community service organizations providing volunteers, funding, and expertise have representatives on nu advisory committee (to be convened by the lead youth ngency) which will report regularly 'o the Mayor and City Council. The implementation of these proposals begnn with the appointment of the Arlington boys Club as the youth-serving agency in charge of the Teen Court program. In April, 1986, the Teen Court Advisory board appointed by the City Council continued to implement tlia proponals for the operation of Teen Court as a pilot program of the City of Arlington. Review and evaluation of the program was projected in twelve to elghteen months following the initial operation of Teen Court. The Advisory Board consists of thirteen individuals, eight adults and five teenagers, The groups rapreneated on tlne Board are as f,ollowst I ADULTS ATTACHMENT C Greater Southwest Rotary Club TEENS continued Y Martin Iligh School Greater Southwest Lions Club Arlington Nigh School Arlington Boys Club Sam 1lou9ton 111gli School Junior league of Arlington Lamar Ifigh School City Council of P'l'A's One teen at-1 ber ? Three adult at-large merubers a____ 9✓-a~3 A9e~d~!fem CU1'~~_, Currently, the Board meets monthly at the Arlington Boys Club ceersee the operatiuns of the program. Board members also serve on committees that //s P11;7 Include evaluation, expansion into other referral sources, polio and procedures, and adult and youth volunteer recruitment. Tile Teen Court Philosophy is summed up in the Policy and Procedures Manual as follows: Teea Court is a volunteer program which allows juvenile misdemeanor offenders to assume responsibility for their own actions by involve- ment in the judicial process and community services In.order that their offenses will not be recorded. Bringing juvenile offenders to a jury of their peers and to the community for constructive punishment will provide the youths with an understanding of the judicial system i and a reaU zation of their roles in the community 0 The community benefits from this interaction as well. All interactions with juvenile offenders will be handled with respect, dignity, courtesy, confidentiality and In a professional manner. Furthermore, the goals of the program are threefold. The first goal Identified for the program was to reduce t=ie involvement of juvenile offenders within the criminal justice system. Four objectives were identified for this goal: 1) Encourage the juvenile offender to assume a sense of responsibility for the consequences of his own br:havior. 2) Give the juvenile offender an opportunity to participate in a legal process in his own behalf. 3) Provide an effective forum for juveniles to become familiar with the court system. 4) Divert a significant number of juvenile offenders from the Clty of Arlington's Municipal Court system, thereby reducipg the number of cases on the Municipal Court docket. Titre second goal Identified was to promote s healthy attitude toward authority by providing a bridge between adalcsCCUCe and adulthood, Five different objectives would help achieve this goulr 1) Allow the juvenile offender and non-offender to participate in a legal process on a peer basis. 2) Give juveniles the opportunity to actually design and hove input into the 'teen Court 'process. 3) Nelp juveniles recognize, through the court process, that all individuals t1g9L be prepared *to accepL the consequences of their own behavior in an adult, nature man ur. , p .1 learn to f.,lfill a -2- I contract of their ow❑ choosln continued community service, 5 R by AF1ACIiMENT ~ accepting and completihiQw8mi 0/ 3 Treat the a juvenile offender with courtesy, confidentiality, and in a professional manner, Tire last goal was to luvolve the cowuwn it ` and cooperation b y in PremOtIll8 unde r by assisting III the de ratand t 1 were two ob uterrence of juvenile offense jectives necessary to meet this p' There community resources in goal' 1) Enlist the aid of provldiug the tacili[ies for the completion of th o work sites, and supervision the speakers Fo conmunitY service asstgnmenta, o y for local service r ) Provide to promote the concept and objgeanles ona and clubs whenever called upo n ctive of the Teen A co988) ensiye evaluation at the end of fire etBuhteen month rt. (January 1988) Is planned to measure these objectives, period completed at the end of the first six months An evaluation vole ~ In August, 1987' Loth of w ' and a status report was bleb contaiued ver completed Annual evaluations .111 be Y Positive results to date, JanuarY. 1989. completed by evaluation committees beginning in ~ Teen Court is held In the Municipal Courtroo One full-time Coordinator staffs m on Monds the ay evenings, volunteers. Volunteers program, along with a staff of adult tram the Junior League are placed at Teen Court and serve In a varlet to assist vith intakey of functions, interviews with !lost volunteers serve on Monday evenings °r to help the CoorJlrrator the parent/teen considering the program, and conduct post-sentencln prepare fire courtroom, sign-u g placement interviews, These p voteens lunteerroPJury duty, wareeek available on Monday evenings, as well as some P°rtunitles . All volunteers are given an inst aft ourt in sessi ruction manuolernoons through the con, lend must attend n r are required to observe ning of their Placement. two-hour orientation prior to the begin- In the court process itself Attorneys, boilfE[e Court Clerks, teens assume the roles of llefense/Prose rks, and Jury Members outing adult involt'ed in the Proceedin The Judge to the only Our Chlef judge Ca' and fe staffed by an adult voluntee Alter r, is 8ounie Code, an nttorueY specializing in family law. , Alternate Judges are available to fill 1n when necessary, -J- I1/8] a 1 CITY COUNCIL IT: TI: N 4 r ~ p 4 y i ' d O E~ O O k t t oo~~ ~ 6G0~ acv io cirya DENTON, TEXAS MUNICIPAL BUILDING / DEN10N, TEXAS 76201 / TELEPHONE (817) 588.8307 Ollice of the City ,Vanager TG' Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: April 27, 1993 SUBJECT: Update on Texas Department of Health Enforcement of Hartfelt Humane Society Texas eAartment of Health As directed by the City Council at its April 13 meeting, the Mayor wrote a letter to Dr. Thomas Murnane, Texas Department of Health (mDH), indicating the City Council's strong desire that the agency pursue enforcement of the Animal Shelter Act regarding Hartfelt Humane Society, A copy of this letter is attached. Dr. Murnane indicated that he received the letter and immediately forwarded it to the General Counsel's office for a response, Susan Tennyson, of the General Counsel's office, stated that TDH still had no evidence from any citizens which would indicate that the shelter was still in operation. However, TDH still considers the j case to be open and is willing to respond once evidence is presented. Barbara Coe, President of the Denton Humane Society, is working with her group to compile the necessary evidence it has regarding Hartfelt's operations. She indicated that this information should soon be ready to send to the TDH staff. City staff continues to be in close contact with TDH staff and the Denton Humane Society. Illegal Discharge into a Natural Outlet The City Council requested that staff research if there were a city ordinance or state law requirement outlining a 20-day time frame for abatement of an illegal discharge into a natural outlet. There is no specific time frame outlined in either state law or city ordinance. However, it has been the general practice to allow a reasonable timeframe for abatements unless such violation is deemed to be seriously jeopardizing public health. A memorandum from Howard Martin further outlines this process. Apef4e Na - 4 i Date a )3uildina inspection Related to the illegal discharge, Building Inspection believed that there were plumbing code violations at Hartfelt Humane Society. Jackie Doyle and Robbie Baughman, of the Building inspection staff, made an inspection of the premises on April 16. The owner, Steve Johnson, allowed the inspectors access to his property voluntarily. If he had not allowed the inspectors entry, an inspection warrant would have to have been obtained from the Municipal Judge. Several violations of the Plumbing, Building and Electrical codes were found. A letter outlining the specific problems and a timeframe to correct the violations was delivered to Steve Johnson. A copy of this letter is attached. The deadline for the major violations was set for April 23, the same day by which the illegal discharge must be abated. After the letter was delivered, Steve Johnson indicated that his lawyer advised him not to allow the building inspectors entry again without a warrant. More information on a reinspection will be presented at the City Council meeting. If, upon reinspection, progress has not been made, then there are several alternatives the City Council may wish to consider. Citations could be issued for the violations not corrected by the timeframes outlined in the letter. other legal actions could also be pursued to prevent the business from operating until compliance is obtained. However, if progress is being made toward compliance by the owner, the City Council may also direct staff to continue inspections until full compliance is reached. Animal Control ordinances from other Cities Nonce Kull, Environmental Health Services Manager, and her staff have surveyed a number of other metroplex cities. ordinances were obtained and a table summarizing the information is attached. Generally, most other metroplex cities surveyed have ordinances very similar to Denton's. The major differences are summarized below: Kennel Provisions - Several cities have provisions in their ordinances that provide for a permitting and inspection program for commercial kennels. This could include breeders, pet stores, and veterinarians and other groups that board animals and varies from city to city. Denton's ordinance does not include any kennel Inspection or permitting provisions. Xultiple ownership - Most cities surveyed limit the number of animals private citizens are allowed to keep. Denton's ordinance does not limit the number of animals allowed. This issue can be highly controversial, according to many of the cities surveyed, and generally is enforced only on a complaint basis. Some cities include a kennel permitting and inspection process for private owners to exempt them from the multiple ~p~nOaNo 93 -C/3 ~ertdaltert~.,, ~U~ Dais /40 ownership section of the ordinance. This would requi private homes to be inspected for owners that exceed Ale allowed animal limit. Enforcement of the Animal Shelter Act - None of the cities surveyed have enforced the State's Animal Shelter Act directly. However, some cities do have aspects of their ordinances that address public health and nuisances, including noise, animal waste, etc. These are enforced through an inspection provision outlined by ordinance. Denton's r"ice ordinance does address nuisances such as animal noise. It does not have any inspection provisions. Currently, Animal Control staff spends most of its time responding to citizen complaints as a result of animals at-large, performing a rabies eradication program, and responding to animal nuisance complaints. The City's Animal Control division is a code enforcement agency and not an animal welfare agency. If the City Council wishes to expand the Animal Control division's activities by adding provisions to the Animal Code, then less time would be spent on its current programs outlined above. Please advise if I can provide additional information. EPECTFULLY SUBMIT D, Wloyd V. Harre 1 City Manager, I Prepared by: C tic IL Catherine E. Tuck Administrative Assistant Attachments: Mayor's Letter to TDH Memorandum from Howard Martin Regarding Code Enforcement j Building official Letter to Steve Johnson Animal Control Survey Data I 1 AgeedaI m xc~' BOB CASTLEBERRY MAYOR CUY OF DENTON 716 EAST McKNNEy sTAEE T DENTON, MW 76701 Dr. Thomas G. Murnane, D.V.M. Texas Department of Health Public Health Region 5 2561 Matlock Drive Arlington, TX 76015 i Dr. Murnane, on behalf of the Denton City Council, it is our strong desire for the Texas Department of Health (TDH) to rigorously pursue enforcement of the State's Animal Shelter Act as it relates to Hartfelt Human Society, The City Council is extremely concerned about the abhorrent condition of this shelter and its detrimental effect on the animals housed at Hartfelt as described by many citizens in Denton. This Information was confirmed by the long list of violations reported in your inspection letter dated April 2. I Our City staff Is pursuing full enforcement of our municipal codes. The City Council is confident that your agency will fully enforce the State's Animal Shelter Act, which falls under TDH's r receiving esponsibility. City Council members have been constituents nu Denton citizens complaints o to Inform the City Council that operations have not ceased at staffer to It fully u in estig to desire this for myou and atter your I immediately resume ongoing inspections of this facility. As the City receives further Information, we will forward this to your office, Likewise, we of y your appreciate yourcooperation sntoapprising ameliorate City staff this situation. J I AQWde NO Agendaf*Y GU 6 # 3 Dr. Thomas G. Murnane, D.V.M. (k!M ~~~3 Re: Hartfelt Humane Society J~ /O Page Two 1 Thank you for responding to our citizens' 1 complaints regarding the enforcement of this statute. Full enforcement of the Animal Shelter Act will make Denton a better place for everyone, including our animals. We would appreciate your reply by return mail. We look forward to reporting to our constituents that your agency is taking all legal measures necessary to remedy this tragic situation. Sincerely, Bob Castleberry Mayor 15 April 1993 PCi State Senator Steven Carriker State Senator Jane Nelson State Representative Mary Denny James State Representative Jim Horn State Representative Ben Campbell Nonie Kull, Environmental Health Services Manager Jerry Drake, Assistant City Manager +gentlaNe _,_1~~L Agenda Itert~ . Gate v D CITY of DENTON, TEXAS MUNICIPAL BUILDING I DENTON, TEXAS 76201 /TELEPHONE (817) 566-8200 OFFICE OF 1HE EXECUTIVE DIRECTOR OF UTILITIES T0: R.E. Nelson, Executive Director I FROM: Howard Martin, Director i DATE: 4/14/93 E SUBJ: Violations of the Denton Code of Ordtr.incea Attached are the sections from the Denton Code of Ordinances that provide the enforcement mechanisms to abate illegal discharges such as the discharge from the dartfelt Humane Sor,.ety (1800 Ft. Worth Drive). Also included with this memorandum it a copy of the Notice and Order issued to the Hartfelt Humane Socif,ty on April 2, 1993. In general, the Notice and Order issued to !iartfelt Humane Society addresses the discharge of kennel wash-down water to a ditch located adjacent to the kennel property. The Notice and Order identified the corrective actions to include (1) eliminating the discharge to the environment and (2) redirecting the kernel wash- down water to the sanitary sewer. The Notice and Order, issued on April 2, 1993, provided 20 days to correct this violation. The Denton Code of Ordinances outline the legal remedies available to the City to abate public health hazards (See Attachment I). As indicated in Section 26-156. Penalties. (b), the City has both civil and criminal remedies to which it is entitled. If this incident had been a more serious public health or environmental concern such as a toxic or hazardous chemical discharge requiring immediate abatement, the City would immediately file for a Temporary Restraining Order (TRO) in District court and pursue a permanent injunction against the owner or owner's representative with control over the premises. In order to obtain a TRO, the City must demonstrate to the district , court judge substantial danger of injury or an adverse health impact to the property or person other then the defendant. Once the TRO Is granted, the public health hazard or environmental concern can be temporarily abated at that time. The TRO is usually Issued for a specific length of time that coincides with the court's ability to schedule a permanent Injunction hearing. If the City Is successful in proving its case, an injunction would be issued and the health hazard permanently abated. I 001CA""-- 'CCd QVArix rY 5ERV=CE Agenda No Agendaltem _LU_ _.~25 Cate Z/-,R T ~y io At best, obtaining a TRO this is a time consuming and potentially expensive process, The burden of proof is on the City and requires that the City develop sufficient evidence to convince a judge that a TRO is needed. if the City fails to obtain a TRO, the problem discharge can not be abated. If the City gets a TAU but fails to hasabeen postedein addition to damagese that City camay lose n be demonstbond rated that the defendant. i F1L1sCi\M1$C\CMo49J y AgendoN0 -O . Agerdalie U,53 Wee? -rte CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817)566-8200 April 16, 1993 Mr- Steven Johnson 1800 Fort Worth Drive Denton, TX 76205 Dear Mr. Johnsons AEe Notice and Order Concerning Violations of City of Denton Codes The following are violations of the 1990 edition of the National Electrical Code and of Chapter 28, Article 111, Division 10 of the Code of Ordinances of the city of Dentone 1. Use of non-metallic sheathed cable violates Sec. 28-63 of the Code of Ordinances. 2. Junction box cover plate missing from air conditioning compressor violates Sec. 110-17(a) of the 1990 National Electrical Code. 3. Conductors in electrical panels which are not terminated by attaching to circuit breakers or other approved terminals are in violation of Sec. 110-14(b) of the 1990 National Electrical Code. 4. Number 12 AWO copper Conductors connected to 40 ampere circuit breakers violates Table 310-36 of the 1990 National Electrical Code. 5- Electrical panels located inside of building which do not have covers are in violation of Sec. 110-3(b) of the National Electrical Code. The following are violations of the 1935 Edition of the Uniform plumbing Code and of Chapter 280 Article IV, Division 1 of the Code of Ordinances of the City of Dentone 1. PVC water piping supplying water to the shower on the second f)oor is in violation of Bee. 28-145, 17 of the Code of Ordinances. 2. The lack of backflow prevention devices on home bibbs 11e a violation of Sec. 1003(1) of the 1985 Uniform Plumbing Code. Other violations includes 1. Lack of accessibility of gas ftrad central haating unit for inspection as required by Sec. 505 of the 1985 Uniform Mechanical Code as adopted by the City of Denton. ApeRda No Agenda hem__~~_ Mr. Stevan Johnson April 16, 1993 Page 2 l/ 2. Broken window at the front of the building is a violation of See. 100(d) of the 1995 Uniform Building Code ae adopted by the City of Denton. 3. Stairs handrail and railing and railing at second floor landing do not comply with sections 1711 and 3306(1) of the 1995 Uniform Building Code an adopted by the City of Denton. The condition of the eloctrical wiring and the lack of backflow prevention devices on hose bibbs present very real hazards to the public and must be corrected by April 23, 1993. The other listed violations must be abated on or before May 16, 1993. If the above violations are nit corrected within the time limits specified above, it may be necessary to take action to dl.sconnect the utilities serving your property. If you have any questions or need advice about correcting these violations, please call us at 366.8360. Sincerely, Jackie Doyle Building Official wp AAAMJM Ji 1 I i I endal [~re3 M F2 1993 i ilrf GatlrAA1S0A AIt1A1 cON1AOt SFArICES 1 FNUOU I INtrIItE 1 SAEITIA IOINFISIIP 1ISIFG1101 I IFlltt ""Al r ANIIAI f Orr / AM11A1 1 Aci ROINAIGE Wit 1 ! ! ! OAOINAIGt I OAIrIAAGF I DAIrIAIGE IDIA IASr( 7 OAIi14 r IAIASFE 1 AtlEA J Ie 1 Yes coeAlerel r Io l yet yet / rot I 1 1 OIJY ; r r cAAAIrtrOl Yet f Yes f celALiet ! No / yes ~_.....----;..._....._-r I f lelr t ; I yes I -r............ IAttAS / re I rf1 . -•-•--1-•••.o..... J ceeOElh! ! rot ! roI r I I • 1 r Yet ! DFAIOI - 1 ! 00 Ie l I I I re, ! ht 1 I............. 1 I 1 FOR Nom - -fie.. ! rH r t to I yes I f I Yet r I I yes l I I lEY)SrlI1E ! Io ! ; le ....p.---------- I........... 1--------- ---1 Yet ! r r I r yes ! he ! rep r ................r......._.. I r 1 I<Alllir 1 b I .....__-l--••---• r rea r ceoololot r ro ! _._1..... $....I r 1 O,lr ; I rt, F41 r re ! ------------r 1 r I .....I NESIIIrF I to t Yet I coop- ceryle-•-lef~ I r .....ro ! J 1 I 1 Oelr 1 I ro, r yes 1 yet r ............I--.....--..-; , r ItAII l re _ r I i to I ro ! to I roe I -'ret•° L..........r ................r......... I I I I 1 Yes AIGNAAISII I............ I............. I- Yet I I 1 No r rot I No r Ie _....r...------...r yes J ................I......_.....r I I I 1 Mot r r............ I.......... f I 1 tlJ? 1~t r r/ 111 rr 32 ~ i t'ItJ IT ~«CITy ii#G ;COUNCIL ~r jJJt I': -41 t, ft ~ .I oo$ , ~g o • ti ~ OGO~ fit t i I AQ"NO Date CP1U a cir OI DENTON, TEXAS MUNIOIPAL B(YLOING / 215 E. MCKINNEV / DENTON, TEXAS 76201 +i l MEMORANDUM DATE: April 21, 1991 TO: The Honorable Mayor and Members of City Council THRU: Kathy DuBose, Director of Accounting d Budget Opera tions x,- FROM: Jon Fortune, Management Services Administrator U SUBJECT: REVISION To BUDGET PRIORITY QUESTIONNAIRE Please find attached a revised Budget Priority Questionnaire. You may recall that there was some concern raised in February that the existing questionnaire did not allow Council Members to assign a priority to responses. Now, the revised questionnaire includes a now column (far right) that allows individual Council Members to prioritize their response on each service area. I hope this change will accommodate your needs and improve the ranking process. If you have any further suggestions, please advise. Thank you. JFIef Attachment AFFOOscb 8171566.8200 U/FW METRO 434-2529 1 CITY COUNCIL BUDG13T PRIORITIFS QUESTIONNAIRE r 1993-94 BUDGET Pkxen ladlate you profereate for the Coy 's ei„~tt in dace upeoming 1993-4f bodge you by circling the samba In each row whkh mat scturwMify re/ledsyour response, and by In klieg your priority ruk of 1 through 7 (f =16 a; 7=high) for each urvkc ua, SUBSTANTIALLYBVBSTANT[MJ. Rq SLIMINAY pEUUCB RSOUCS CONTINUE NCRRASNINC81PAsi IN17~A NO CURRENT CURRENT CURRENT CURRENT CURRSN7 CURR8Nf Kv S~RVICSARI!A ^ OPINION; EfCO~Yl' FORTEFFORT EiPOp! EPEORl` `SF1:x+I:PF011 PUBLIC SAFETY TYPE SERVICES POLICE PATROL 0 1 2 3 4 5 6 7 CRIME INVESTIGATION 0 1 2 3 4 5 6 7 DRUG ABUSE/ENFORCEMENT PROGRAMS 0 1 2 3 4 S 6 7 COMMUNITY ORIENTED POLICING (COPS) 0 1 2 3 4 5 6 7 PARKING/TRAFFIC ENFORCEMENT 0 1 2 3 4 S 6 7 I FIRE PREVENTION 0 1 2 3 4 5 6 7 EMERGENCY MEDICAL (AMBULANCE) 0 1 2 3 4 5 6 7 FIRE SUPPRESSION 0 1 2 3 4 5 6 7 EMERGENCY PREPAREDNESS(MANAGEM 0 1 2 3 4 5 6 7 ENVIRONMENTAL HEALTH ONSPECTIONS, 0 1 3 4 S b 7 ANIMAL CONTROL 0 1 2 3 4 3 6 7 MUNICIPAL COURT 0 1 2 3 4 S b 7 PUBLIC WORKS TYPE SERN9CES STREET MAINTENANCE/REPAIR 0 1 2 3 4 S 6 7 STREET CONSTRUCTIONIREBUILDING 0 1 2 3 4 S 6 7 STREET SWEEPING 0 1 2 3 4 5 6 7 TRAFFIC SIGNALIZATION/ENGINFERING 0 1 2 3 4 S 6 7 AIRPORT DEVELOPMENT 0 1 2 3 4 5 6 7 COMMUNITY DEVELOPMENT TYPE SERVICES PUBLIC TRANSPORTATION (SPAN, ETC.) 0 1 2 3 4 5 6 7 1 NEIGHBORHOOD SERVICES (NICE, ETC.) 0 1 2 $ 4 S 6 7 DOWNTOWN REDEVELOPMENT (MAIN ST. 0 1 2 3 4 5 6 7 t st, LOW do MODERATE INCOME HOUSING 0 1 2 3 4 5 6 7 CITY I CAUNCIL 4' yy ♦ 4 ~ s ' b y +Na 4MI O ~ CITY ofDENrom,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)668.8307 1 Office of the City Manager iMEM0F22'.NDUPd TO1 Lloyd V. Harrell, City Manager li FROM: Rick Svehla, Deputy City Manager DATE1 April 23, 1993 SUBJECT: Update on Airport Board Activities and Airport Height Zoning Committee Activities Attached is a copy of a plan that the Airport Board is narrowing in on as the ultimate design for the airport. This has been part of the master plan activities that the Board has been reviewing for the last six months. The Master Plan is a 20 year document, and the consultant is helping us look at ultimate configurations in that 20 year period. The Board is looking at optimum uses of the airport, This use is predicated on estimates the consultant is making as well as activities that COG and the FAA have been undertaking, Council may be aware that the COG is undertaking a 20 year plan for aviation in North Texas. Among the things that they will be looking at is alternatives to D/FW once it reaches capacity. This plan is being co-sponsored by the FAA. Council may recall that in preliminary studies Denton was rated as one of the highest ranking options for expansion of aviation in the future. The Board and the staff wanted to advise the Council of their activities and to show you the plan that they are looking at for future use at the Airport. This plan will help us reserve or plan with these kinds of optimum uses in mind. The Airport Height Zoning Committee is a joint committee made up of three members froin the Airport Board and three members from the Planning commission that look at land uses around the Airport. Since we were authorized as a city of over 50,000 in the 1990 census, state law allows us to zone land around the airport even though it may not be within the city limits. I have included a drawing that shows the areas that could be controlled by this Zoning Committee. As you may recall, they are formulating a recommendation to the Council. Then the Council will implement new zoning rules for land use in an area that is finally designated. r The box shown on the map shows the ultimate area that could be controlled under the law. The Zoning Committee is looking at a scaled down version o° these areas, Currently, they are Apde Na Apenda ItMLr~ Lloyd V. Harrell. Otte April 23, 1993 ~Y Page 2 considering a two tiered kind of zoning. An "in" zone that would prohibit building any kind of residentia ner and then a larger "outer" l atruct!~ in it zone that would require noise abatement kinds of procedures in construction that would eliminate noise in residential buildings. Staff feels that this kind of approach the high activity area zoning all ready in place near the airport and would also protect against noise sensitive uses Inthe "inner" zone. In the "outer" zone, noise could be abated and it would still allow for most any kind of land use. The committee is in its very early stages of trying to delineate the areas in question. They have all ready talked about basing the "inner" zone on noise level models that would be generated by the consultant, and they have all ready talked about shrinking the "outer" zone boundaries to eliminate areas that would not be affected adversely by the ,poise. We wanted to take this opportunity to update the council on these two activities and make sure that the council feels comfortable with the direction in which each group is proceeding. the council has further questions, we would be happy to try and answer them at your convenience. If you or Y Rick .94ha D eputy City Manager R3ibw AMM002A5 Attachment 1 Will C w fy J f Pro o~ I'r rs Amara f I \ 1 t / a PUT 1600'x150' unwxy LEGEND. P cif s ExtdN P,opxnv Una gal/~.fo% _ FuhnPrcp"Lhe AMCuMrIAIrG~ga Tj' ` i. ~nwrry GenenlAvlrafon TO ooo x Asa ~ 7 ~ v . ~ ~ • y~? 1+' 1rt~3 CterxrrroW f kduwk I 04 Elm AIRPORT DEVELOPMENT ALTERNATI' - ~T I,r I r~ 13ApGLY~ ValE~_ 1 r l{4 OUTER ZONE DWPN t'I I f 1A',• ~V .,rry,l Call ~ I 1 I J' Lr ~s 1 I ~til ~ ~ ~ r Q5' i INNER ZONE 1 o it ' xR 19, 'I r 7 1 1 ILI 5 s mot' I IM lrli s of 0. ff~ cop iys • t 1 I ~i~ t~ J • 1 s r - r\ I ro1,111 1 If 1 vMIArM. }r i• JV411y "'•ti i ' * f ! C MAL , "t Lrr~ w ry I/r _ I i Cd Tr 1 ..._..,y } t. OFM1'' i• 1 1 1 ~ ' - `5~ '+3 J, erM lpNV UI`f ?d] i ' . y~IIG~ 14 ~ y \ ...ref _ Z IPi 1715 _ L✓`-~, ~ ,q 4 ' , 'may:. ' ' ...>r''ltl. f I ' j~f.Y ♦ ♦ i2 + 'COUNCIL r: t~ . A. • ti ? . ~a r ` o ' e p ° k t • p0~~ I MY: Ii, CITY OF DENTON CITY COUNCIL MINUTES Dlt# a Z-~ April 6, 1993 "C The Council convened in Work Session on Tuesday, April 6, 19993 at 5:15 p.m. in the Civil Defense Room. ' PRESENT: Mayor Castleberry; Mayor Pro Tom Hopkins; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss the following: A. Legal Matters 1 1. Considered action in Goldfields' claim. f 2. Discussed settlement in Hunter vs. ---Cj_tY_.4.Z_ t o . B. Real Estate 1. Considered acquisition of an option to purchase land, near Foster Road. C. Person;iel/Board Appointments 2. The council received a report and held a discussion regarding alternative methods to appoint members to the Cityfs boards and commis.--lions and gave staff direction. Catherine Tuck, Administrative Assistant, stated that staff had prepaied a policy statement from the Council suggestions made at the last meeting. Included in the information was a proposed process of how the procedure would work. The process was an adaptation of the Dallas model in which the Council would draw lot- to determine which position would begin the assignment process. Tuck reviewed the drawing process which was included in the agenda back-up. Each Council Member would have 20 appointments with the first member who drew having one extra appointment. The ex-officio members of the Downtown Advisory Board, THPA, Civil service, and the Denton Housing Board were not included in the list of boards/commissions, Council Member Miller stated that the policy indicated that the board/commission members could serve three consecutive two year terms. He suggested rewording that sentence to indicate a member servsee"threeunlessconsecutive full terms. He compelling reasons suggested sretain kmembeout rs longer". Ho felt that a prior statement indicating that that was the general practice of the Council would be adequate. ! Council Member Perry stated that he liked having both phrases included in the policy. Benda Na -oi ~ AQendalferr~''`^? Wte City of Denton city council Minutes April b, 1993 Page 2 Mayor Pro Tom Hopkins felt that board/commission members should follow the same requirements as Council Members, Limiting the terms of the board/commission members would open the boards to more citizen participation. The phrase should not be left in as it was a potential for misuse. i Mayor Castleberry felt that the terms should be limited to three consecutive terms. i Council Member Brock stated that the clause loosened the statements and that it was stronger without it as it should be. f Consensus of the Council was to remove the clause indicating "compelling reasons to retain members longer" and to change the terms to three consecutive full terms. Council Member Miller suggested changing the application form by switching the listing of the boards/commissions with the qualifications statement. Mayor Pro Tom Hopkins suggested changing the wording of the qualifications section to read "that make you a good candidate". Council Member parry asked how often the order would change. Tuck replied that once the positions were drawn, they world be set. Mayor Pro Tem Hopkins suggested proceeding with the policy for the June appointments and draw for the openings rather than for positions. Harrell replied that over time, each Council seat would have the same option to nominate members. Council Member Smith stated that this policy would not result in ward politics as the nomination would not have to come only from a Council Member's district. Puck reviewed the time schedule for implementing the policy. Mayor Pro Tem Hopkins suggested sending current board/ commission members a letter indicating that they would be eligible for nomination for another term and to call the City Secretary0s office if they wished to be considered for reappointment. A different letter could be sent to those members who had served three consecutive terms and thus were not eligible for reappointment. Consensus of the Council was to proceed with the time schedule. AoWaNo City of Denton City Council rAl Minutes April 6, 1993 Page 3 l Harrell suggested putting the policy in a formal format and have it adopted by Council at a future meeting. 3. The Council received a report and held a discussion regarding jurisdiction esjuveniles charged with Penal Code and other state statute offensse. Sandra White, Municipal Judge, stated that in October 1991 the State Legislature passed House Bill 944 which dealt with the jurisdiction of juveniles charged with finable offenses. Staff's interpretation of the House Bill 944 was that the City, on first time offenses, could transfer the cases to the Juvenile Court. Based on that interpretation, council gave approval to defer those cases to Juvenile Court. As she understood the procedure, the Juvenile Officers were not filing the cases in Municipal Court and j then transferring them to Juvenile Court. The Police Department was taking the case and presenting the case through the Diversion Program. The Judge wrote a letter to Judge Whitten of Juvenile Court asking how she wanted those cases handled. Judge Whitten felt that it was not the intent of the Legislature to transfer cases for first time offenses and did not know that the cases were being transferred. In approximately October/November of 1992, Judge Whitten noted on some cases that she was not accepting the cases as she did not have jurisdiction over them. A second issue was the new School District policy of zero tolerance. The DISD had talked with chief Jez regarding activities which were occurring on the campuses which were suitable to be filed in Court. The DISD wanted the Police Department to issue citations in those cases. Chief Jez discussed the issue with White but she was not aware that the ages of the children included 10-15 year olds. She was under the impression that it was 17 year olds. White indicated to the Police Department that they would have to differentiate between whether the child wan 10-16 or 17 and older as the penalty ranges were different. She also informed the Police Department that there handling was a dispute as to whether or not the Municipal Court would be implemented cases policy but the 10-16 years implement that policy. was not Dr adyhto Judge Whitten, County Court-at-Law 01, stated that Juvenile Court at the County level had jurisdiction over Class A and 8 offenses. She did not have initial jurisdiction over Class C offenses. Anytime a case was transferred to her court or if she transferred a case to another court, the receiving judge had the option to accept or deny the transfer. Unless a child had two convictions, as provided by the law, she would not accept the transfer. She stated that if the offense were a Class C offense, it had to be handled in Municipal Court. IVW r Agi3ndaIterr~__%L's ~a a~-9? - city of Denton City Council Minutes ;7 April 6, 1993 Page 4 Mayor Pro Tem Hopkins felt that noticing could be determined at this meeting as she felt the DISD s}.ould be contacted and there should be a discussion with the Legal Department. white stated that there were two separate issues - one was the issue of transferring cases and the second was the policy of the DISD. Consensus of the council was to continue discussion of the item at the next meeting. The Council convened into the Regular Session on Tuesday, April 6, 1993 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Perry, Smith and Miller. ABSEN'T': Council Member Chew 1. Pledge of Allegiance The Council and members of Vie audience recited the Pledge of Allegiance. Council Member Chew joined the neeting. 2. The Council considered approval of the minutes of the Regular Session of March 16, 1993 and the Special Call Session of March 23, 1993. Perry motioned, Smith seconded to approve thr, minutes. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "ayell, Chew "aye"e Perry "aye", and Mayor Castleberry "aye". Motion carried unanimoueIy. The Mayor presented the following proclamations: "Fair Housing Month" "National Community Development week" 3. The Council received a report from Jeff Carey regarding the Hydrofest Project. James Flores and Pete Hammsrle spoke in place of Mr. Carey. Mr. Flores stated that the Hydrofest would be the opening race of the tour which was billed as the premiere boat race in the nation. Flores detailed the steering committee and the members of the committee. He also displayed a site map which detailed the race City of Denton city council Minutes April 6, 1993 c/ Page 1 i course on Lake Lewisville and the events which would take place + surrounding the Lake. This was a great opportunity to promote Denton County communities. It was expected that the race would generate $10 million in revenue. Race headquarters would be in the Raddison Hotel and the media covering the event would also be headquartered there. A video tape was shown regarding the hydrofest races. Pete Hammerle stated that the race would bring economic dollars to Denton County and to the City of Denton. This was the first city on 3 ten city tour and would be the first time the racers would see how the other racers had modif'.ed their boats. T' ',s would bring in an enormous amount of people to the area such as in the hotels in the area. Much work was being done to prepare for the event both in man hours and in-kind services. The most important factor of the race was that the race would be a safe, family event. He detailed some areas of concern involving wake control and security for other boaters. The race would require 350 buoys and anchors for the route. Eight rescue boats would be on the scene. Maior Castleberry stated that he was pleased that the event was undertaken and pleased that the Raddison would be the headquarters hotel. 4. Citizen Reports A. -rho Council received a report from Doug Boydston regarding City expenditures to help repeal Civil Service in Stephenville. Mr. Boydston stated that in the budget year of 1991-92 the City authorized the expenditure of $2,000 to be sent to the City of Stephenville to help with their legal costs in regard to repealing civil service in that city. As a tax payer, he knew that there were numerous organizations and projects which would have benefited from that $2000. On behalf of the Denton Police Association, that $2,000 could have bought five or six protective vests for officers. B. The Council received a report from Ken Gold regarding City expenditures to help repeal civil Service in Stephenville. Mr. Gold read a statement which was presented to the Council and was included in the agenda back-up. His letter detailed the concerns the Police and Fire Associations had regarding the use of City funds to help repeal Civil Service in Stephenville. It was felt that the expenditure had e, strong negative impact on the relationship between public safety employees and the City and the casual manner in which the money was approved. He felt there was I I AgerdaNo i ~3gendaFter,L1!J~ #:.7 lOe City of Denton City Council Minutes April 6, 1993 Page 6 no effort currently in Denton to repeal Civil Service. He had heard few positive comments regarding Civil service and had heard many negative comments regarding the current Civil Service in Denton. He was seeking from Council an opportunity to participate in any new discussions regarding Civil Service in Denton. Lloyd Harrell, City Manager, stated that Rick Svehla, Deputy City Manager, had met with Boydston and Gold and reviewed the matter, in detail. The action took by the City of Denton was not to help the city of Stephenville repeal Civil Service but was to get a clarification of the law regarding tho procedures which would be appropriate if a city wished to repeal Chapter 143. Stephenville voted to adopt Civil Service a number of years ago. A year or two later, the Stephenville Council decided it: was not in the city's best interest and led an attempt to repeal Civil Service in that community. An election was cslled and in the election, a majority of the citizens of Stephenville voted to repeal Civil Service. The City of Denton had absolutely no involvement in that local election or local politics leading up to the City of Stephenville and the citizens of Stephenville holding that election. Following the election, the Fire Fighters Union took the issue to District Court and argued that the way the state statute read to adopt Civil Service a majority of the voters voting in a city election was needed. To repeal took a majority of the registered voters voting to repeal Civil service. Under those conditions, it would be almost impossible to repeal Civil Service if that stood. The District Court upheld the position as stated by the fire fighters. At that point, the Texas Municipal League entered the discussion as it was felt that it was an issue of state-wide concern. It was felt that if the District Court judgement would hold, a future city would not be able to dissolve Civil Service. Because of the state- wide importance of the matter, the Texas Mu.A cipal League sponsored a solicitation of funds to help clarify the issues at the Court of A if that law was ppeal level to see if the interpretation of the law was valid and contributed to alongiwitho a lnumbert fa other citiusty A $2n000 contribution through the Texas Municipal Leagup Lo clarify that law at the State Court of Appeals. That case was tried and the Court of Appeals ruled that the law could not be upheld in that manner and the Stephenville repeal election did st+ind because a majority of the citizens voting in the election voters to take that action. The Supreme Court would not take up the action of the Court of Appeals. At this date, the law of Texas was that it took a majority of the citizens voting in an election to not only adopt Civil Service but to repeal Civil Service as well. The fire fig'zters and police officers in Denton had been assured that there was nothing on a current agenda to repeal Civil Service in Denton. ,~Wa No AgeridaIIem D3 Ia City of Denton City Council Minutes April 6, 1993 Page 7 C. The Council received a report from Barbara Coe regarding city action to close the Hartfelt Humane Society. Ms. Coe, Presid-ant of the Denton Humane Society, requested an immediate injunction by the City to close Hartfelt. She wanted the shelter to remain closed until an investigation by the Department of Health of the State of Texas verified that they had met compliance with the Animal Shelter Act of the State of Texas. On the 18th of February, 1993, the Texas Department of Health visited the Hartfelt Humane Society and found 16 casee of non-compliance with the Animal Shelter Act. A report was given to the owners of the shelter who indicated that they would voluntarily cease operating as a shelter until such time that they were in compliance with the t On February 26 1993 the received calls from concerned citizens in Denton that Humane iwas once again operating as a shelter. Animals were seen in the runs outside Hartfolt and a recording on the Hartfelt phone indicated that they were open between 3:00 - 6:00 p.m. for animal adoption. A check with the Texas Department of Health indicated that Hartfelt had not requested a reinspection nor had any reinspection been done to confirm that the noncompliance areas had been dealt with. She presented a folder of information to council which was included in the agenda back-up materials. Coe showed slides of the conditions of the Hartfelt Shelter. She asked the city seek a direct injunction closing Hartfelt until the violations were dealt with. i Lloyd Harrell, which governed they coManager, nditions stated had that to it be acomplied e with statute - J this type of facility. The City's efforts were to work with the State Department of Health to make sure that the State was following through on their enforcement activity regarding this State statute. Today the City had received a faxed copy of a certified letter sent to the Hartfelt Humane society from the Department of Health. Harrell read several sections of that letter detailing the actions of the Health Department. Hartfelt did not meet the minimum standards and had voluntarily released animals in the shelter. The Department would continue to receive complaints regarding the continued sheltering of animals and would continue to inspect the facility as required by the Statute. If the shelter continued to shelter animals, the Department would refer the matter to the Attorney General of Texas. Enforcement would include an injunction to close the she.lt,)r and criminal penalties. The shelter needed to have a reinspectiun and pass the reinspection before resuming shelter activities. The Administration and Legal staff of the City had taken the position of working very closely with the Department of Health and the Attorney General's Office to ensure that they were following through on the State statute. There was no local ordinance governing the matter as it was a State statute. ~CeedaNa..__ AQOndaII&J, &S_ 4a City of Denton City Council Minutes cat9__ y~ April 6 1991 Page 8 f~ c~ The City concurred that this was an issue which needed to be addressed and staff felt that the State Department of Health seemed to be moving in prompt fashion and ire an aggressive fashion to correct viulations. It was the City's plan to continue to work very closely with the two agencies, make sure that they followed up and make sure they were enforcing the statute. If they were not, staff would report back to Council. D. The Council received a report from Willard Simpson regarding var.ous problems with the City. Johnny Thompson, representing Mr. Simpson stated that Simpson had numerous problems with his road, and simple items such as having to pay to have a Denton phone. He did not seem to get anywhere with the city staff and that was why he wanted to come before the Council and address those grievances. Mr. since 1985 and had not received any benefits from Cthe tCity betteriwhenhit wasxIn.thehCounty.byAnother roprerty was maintained service roads had been changed to one-way roads.~b Hiem was s bus that the termed an "undesirable" business when his mess was the City Since 1985 he had not received any benefits nfr m being annexed into the city. Mr. Simpson needed to discuss his problems with the Council to work out problems. Mayor Castleberry stated that Mr. Simpson had talked with staff for many years and staff wanted to hear about any further problems he Mayor Pro Ten. Hopkins stated that she had talked with Mr. Simpson and had talked with City staff regarding his problems. She felt there was a problem with ingress and egress on his property. Simpson needed to talk with staff regarding that could not take care of the phone problems. She undproblem. The erstood thatCthe Truck Stop was willing to work with him regarding ingress/egress but that he would have to help pay for the road. She suggested Mr. Simpson make an appointment with appropriate staff such as the Deputy City Manager. E. The Council received a report from Paul Belokin regarding traffic patterns on I-35 service roads. Mr. Belokin stated that when he first built his facility on 135, the service road was not there. Now the roads had been changed to one-way roads. He stated that his employees had to go out of their way to got to work due to the one-way service roads. A Highway the reasons. Heawant d to one-way system facility butsdido not f wantsafety to dit 490da Net fbfe." 2 1 .27 1-~ City of Denton City Council Minutes April 6, 1993 Page 9 l' so because he felt that he would not be able to sell his facility if he wanted to do so in the future due to poor access. Thete was also a steep incline in the area which was dangerous during bad weather. - Mayor Castleberry stated that it was a State matter regarding the service roads. Rick Svehla, Deputy City Manager, stated that an ordinance governing the one-way of the frontage roads was passed in 1983 as part of the rebuilding of 135 from US77 to the County line. When the Highway Department rebuilt I35, they looked at the existing ramps, most of which were built in the late 1950-1960's. The E interstate system and federal requirements looked at building one way ramps and changing those roads. The 1983 ordinance did not go 1 into effect until all of the construction on 135 was completed which was in 1987-1988. Council Member Miller asked if Council had any leeway in the ordinance or was it mandated by the State. 1 Svehla replied that in order to have the road rebuilt and to rebuild to new specifications, roads had to be changed. Council and I H could have ighway Dpartment requested would nt to havchange the e rebuilt the n rade. r ThesSt t the not necessarily have to follow municipal law. Council Member Miller stated that by the Denton Regional Medical Center the road was two-way at one time. When the Highway j Department put in the signalization, the state indicated that the road would be one-way. It was his understanding that if the City asked to keep the roads two way, the state would not have done the work. It was zot debatable. Svehla replied that the State had indicated that if the City wanted the signals, the frontage roads had to be changed. There was a national trend on interstate systems to change two-way frontage roads to one-way. Council Member Miller asked if there was any local jurisdiction for the Council to do anything regarding the problem. Svehla replied no, that the State would ask how the City would propose to change the situation and that would result in a great cost to solve the problem. That was not a feasible alternative. maksoing probl m. Hewwasawilling to buy land AcvdaNo Dale City of Denton City council minutes April 6, 1993 e; Page 10 anti put in his own road, but the owner of the property would not sell the land. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending the detailed plan in Planned Development 1144 for the purpose of increasing the gross floor area of Building One from 3500 square feet to 4800 square feet, changing the building footprints and amending the landscaping plan on a 1.63 acre tract located on the east side of Bonnie Brae, approximately 800 feet south of University Drive. Z92-031 (The Planning and Zoning Commission unanimously recommended approval). Frank Robbins, Executive Director for Planning, stated that this was a minor amendment to a detailed plan approved in January of 1991. One of the amendments was to change the configuration and gross floor area of some of the buildings. Building One increased floor area and landscaping between the property and houses in the rear of the development was thickcried. There had been much discussion regarding drainage and the development. The development ' did not increase the drainage problems in the area. Two problems of drainage in the area were that the land was very flat so water would stand and the undo,.-ground storm sewer which could not handle a heavy rain. It would cyst approximately $500,000 to rebuild the storm sewer. It was anticipated that the State would do the work in the future. Staff would continue to work with the houses in the east where water stood. The drainage problems were riot the fault J of the development. The Mayor opened the public hearing. Fred Gossett, representing the applicant, stated that the request permitted the use of the property to a fuller extent. 1 No one spoke in opposition. The Mayor closed the public hearing. council Member Perry asked what was the drainage + problem. Robbins replied that water came from the Rayzor property to the City storm system and went north. When the water got to the east- weat storm sewer, it would back up with a ten year r&in. To solve the problem would require that the storm pipe be redone. Another issue dealt with the lay of the land. The land was extremely flat. Staff might be able to solve `hat problem. 4gsta No Agan~aallam_~',2 ..'C y, City of Denton City Council Minutes Cate April 6, 1993 Page 11 /J The following ordinance was considered: 110. 93-051 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 92-014 TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD) N0. 114 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND IMPOSING A CONDITION FOR 1.63 ACRES OF LAND LOCATED ON THE BRAE, APPROXIMATELY 800 FEET SOUTH OF WEST SUN VSIDE OF BONNIE ERSITY DRIVE;; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock $'aye", Miller "a e" Hopkins " u e "aye", Perry "aye,,$ and Mayor Ca tleberry a"aye'tsmiMotionecarried unanimously. B. The Council held a public hearing and considered adoption i of an ordinance approving the rezoning of, and a detviled plan for a .758 acre tract from the Single Family-7 district to the Planned Development district on property located at the northwest corner of Collins and Welch Streets for the purpose of a fraternity meeting hall. Z93-003 (The Planning and Zoning Commission unanimously recommended approval.) Frank Robbins, Executive Director of Planning, stated that this was a rezoning from a single family district to planned development for 1 a fraternity but there would be no residential use. This was a ~.J former site for a store and a church. The site would be landscaped ng would be thecproperty would be to City specifications and the access sidewalk points be installed. A fence would be built between residences and the property. The ordinance would require 7 trees in area and the applicant proposed 15 trees. Conditions included a maximum Planningyand Zoning co mi sion recommended approval. The Mayor opened the public hearing. Jay Mitton, Chapter Advisor, was available for questions. Every effort had been made to upgrade the property. No one spoke in opposition. The Mayor closed the public hearing. NamJs No __23 -_.I AgVCaiter~! City of Denton City Council Minutes /2 April 6, 1993 Page 12 Council Member Brack asked if the hours of operation were a part of the conditions. She asked if there had been contacts with neighbors. Robbins replied that two meetings had been scheduled with the neighborhood plus some outside meetings. The following ordinance was considered: NO. 93-052 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR .758 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF WELCH STREET AND COLLINS STREET FROM SINGLE FAMILY - DWELLING DISTRICT (SF-7) TO PLANNED DEVELOPMENT (PD)j- PROVIDING FOR THE APPROVAL OF A DETAILED PLAN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,009 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance, on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye" I Chew "aye", Perry "aye", and Mayor Castleberry "aye's. Motion carried unanimously. C. The council held a public hearing and considered adoption of an ordinance with regard to the annexation of 3.85 acres located east of I-35 and south of Milam Road. (A-61) (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that this was the annexation which began in February. This was the first reading of the ordinance. There was a zoning application in process for this property and it was anticipated that the zoning of the property would be done at the same timo as final passage of the annexation. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. ' The Mayor closed the public hearing. I 1 Agenda Rem_1 City of Denton City Council Minutes April 6, 1993 Page 13 The following ordinance was considered: i NO. (First Reading) AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 3.85 ACRES OF LAND LOCATED EAST OF AND ABUTTING THE I-35 SERVICE ROAD, ~i SOUTH OF MILAM ROAD; APPROVING A SERVICE. PLAN FOR THE ANNEXED PROPERTY; APPROVING AGRICULTURE (A) DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. ' I Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins Faye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Perry motioned, chew 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: 10 Bid 11464 - Water Meters 2. Bid 11470 - Padmounted Switchgear 3. Bid 11478 - Utility Truck Bodies 4. Bid 11482 - Utility Tractor 5. P.O. 133224 - Deloitte & Touche 6. RFP 19970 - Architectural/Engineering services for the design and construction of a public library B. Plats and Replats 1. Considered approval of the preliminary plat of Lot 8R, Block 3, Wattam Addition, being a replat of the eastern half of Lot 7, and all of Lot 8, a 0.758 acre tract located at the northwest corner of Collins and Welch Streets. (Tha Planning and Zoning commission unanimously recommended approval.) Aganda No . ~ ~ Agenda tem oate~~?L- f3 City of Denton City Council Minutes April 6, 1993 Page 14 C. Tax Refunds 1. Avanti Health systems - $514.88 2. Hanna Khraish - $5,558.22 3. Hanna Khraish - $1,024.56 4. Moore Business Forms - $2,691.26 5• Dentex Title Co., Inc./ George P. Kolb, Jr. $969.93 - 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid 01464, 6.A.2. - Bid 01470, 6.A.3. - Bid 01478, 6.A.4. - Bid 11482) The following ordinance was considered: No. 93-053 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE; DATE. Hopkins 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. B. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of professional services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.5. -P.O. /33224) The following ordinance was considered: NO. 93-054 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF PROFESSIONAL, SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING At' EFFECTIVE CATE. I Agenda No Agenda ~te/m__% City of Denton City Council April 6, 1993 Minutes roi8 `rZ i, - '3 ^ Page 15 Smith motioned, Chew seconded to adopt the ordinance, On roll i votee# Brock "ayes, Miller "aye", Hopkins "aye", Smith "aye", Chew unanimouslyY aye and Mayor Castleberry "aye". Motion carried C. Th-j council considered adoption of an ordinance ~i authorizing the Mayor to execute an agreement with Hidell Architects for professional architectural services relating to the design of the branch library for the City of Denton. (6.A.6. - RFP 19970) The following ordinance was considered: NO. 93-055 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HIDELL ARCHITECTS FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO DESIGN OF THE BRANCH LIBRARY FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to adopt the ordinance. vote Brock " ',On roll "aye Perry "aye",MandeMayore'Ca tleberry'a aye" SmiMotionecarrChew unanimously. ied D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Coopers 6 Lybrand for personal and professional services related to the City's employee health insurance progrart. Tom Xlinck, Director of Human Resources, stated that tho ordinance was a request for authorization to have Coopers 6 Lybrand continue to assist in managing the City's employee health program. The cost was budgeted funds approved by Council. The following ordinance was considered: NO. 93-056 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT , BETWEEN THE CITY OF DENTON AND COOPERS 6 LxBRAND FOR PERSONAL AND PROFESSIONAL SERVICES RELATED TO THE CITY'S EMPLOYEE HEALTH INSURANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. II~ AoWa No City of Denton City Council Minutes April 6, 1993 Page 16 7 Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "ayell, Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance accepting r the dedication from Rayzor Investments, Ltd. of a certain lot, tract, or parcel of land situated in the Eugene Puchalski Survey A- 996 and the J. Perry Survey A-1040 Denton County, Texas and containing a total of 6.1496 acres of land, for street and utility purposes. I Rick Svehla, Deputy City Manager, stated that this was right-of-way and alignment for Jim Chrystal Road in conjunction with a County road project. The voters had approved the bonds to improve Jim Chrystal Road. The City had asked to help with the design of the road and had helped contract out for construction. The City felt it was appropriate to take advantage of the underpass on Oak Street. Staff had been working with the Rayzor estate to obtain the right-of-way at no cost. A concern in the area was to receive l access in the Union Camp area. The alignment had been discussed with Union Camp and they were in agreement. council Member Smith asked if Union Camp would still be able to have the same egress. Svehla replied yes that the crossing at the railroad tracks would be abandoned near Union Camp and the main access to Union Camp would be off Oak Street. Council M6mber Smith asked if there would be a railroad crossing I light. S,iehla replied thAt a standard rail crossing with arms and lights wuuld be built. The following ordinance was considered: NO. 93-057 AN ORDINANCE ACCEPTING THE DEDICATION FROM RAYZOR INVESTMENTS, LTD. OF A CERTAIN LOT, L'RACT, OR PARCEL OF LAND SITUATED IN THE EUGENE PUCHALSXI SURVEY, A-996 AND THE J. PERRY SURVEY A- 1040 DENTON COUNTY, TEXAS AND CONTAINING A TOTAL OF 6.1496 ACRES OF LAND, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. ,''gsndaNo A6,endafte+~~__~f'~~ '~•2 _ City of Denton City Council Minutes April 6, 1993 Page 17 Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor rastleberry "aye". Motion carried unanimously, F. The Council considered adoption of an ordinance amending Chapter 13 "Food and Food Service: Establishments" of the Code of Ordinances of the City of Denton, Texas; prescribing rules on food service sanitation; providing definitions; requiring permits for the operation of food service establishments and food stores; providing for inspection of such establishments; providing for incorporation by reference of the Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation" and "Rules on Retail Food Store Sanitation"; and providing for E regulation of food handlers and of mobile food units. The following ordinance was considered: NO. 93-058 AN ORDINANCE AMENDING CHAPTER 13 "FOOD AND FOOD SERVICE ESTABLISHMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS) PRESCRIBING RULES ON FOOD SERVICE SANITATION; PROVIDING DEFINITIONS; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS AND FOOD STORES; PROVIDING FOR INSPECTION uF SUCH ESTABLISHMENTS; PROVIDING FOR INCORPORATION BY REFERENCE OF THE TEXAS DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD SERVICE SANITATION": AND "RULES ON RETAIL FOOD STORE SANITATION"; PROVIDING FOR REGULATION OF FOOD HANDLERS AND OF MOBILE FOOD UNITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $20000 FOR VIOLATIONS THEREOF; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Chow motioned, Hopkins seconded to adopt the ordinance. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Aayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance amending Article II of Chapter 28 of the Code of Ordinances of the City of Denton, Texas ("Building Code") to provide for adoption of the Uniform Building Code, 1991 Edition; provide for amendments and deletions to the Uniform Building Code, 1991 edition; and repealing all ordinances in conflict herewith. (The Building Code Board recommended approval.) City of Denton City Council Minutes April 6, 1993 Page 18 7 I Jackie Doyle, Building Official, stated that the Building Code Board had reviewed the 1991 edition which was the latest edition of the Code and had recommended adoption. Some of the changes in the 1991 Code were handicapped accessibility to buildings and the requirement of smoke detectors in hallways and bedrooms. Other changes were minor. Mayor Pro Tem Hopkins asked if the changes in fire alarm spacing dealt with rental and business property. i Doyle replied tfat it was only for residential, uses. Originally the requirement was for smoke detectors to be in hallways providing access to sleeping rooms. Now smoke detectors would be required in all sleeping rooms as well as in hallways providing access to those roams. The following ordinance was considered: NO. 93-059 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF ORDINANCE OF THE CITY OF DENTON, TEXAS ("BUILDING CODE") PROVIDING FOR ADOPTION OF THE UNIFORM BUILDING CODE, 1991 EDITION; PROVIDING FOR AMENDMENTS AND DELETIONS TO THE UNIFORM BUILDING CODE, 1991 EDITION; REPEALING ALL ORDINANCES IN i CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; 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 j unanimously. H. The Council considered adoption of an ordinance amending Article III of Chapter 28 of the Code of Ordinances of the City of Denton, Texas ("Electrical Code") to provide for adoption of the National Electrical Code, 1993 edition; to provide for an amendment to minimum standards of work; providing for an amendment to inspection fees to allow for roinspection fees and after normal working hours inspection fees; and repealing all ordinances in conflict herewith. (The Electrical Code Board recommended adoption.) r Jackie Doyle, Building Official, stated that the Building Code Board h,sd reviewed the 1993 edition which was the latest edition of the Code. W- -qwqw City of Denton City Courcil Minutes April 6, 1991 Page 19 Tho following ordinance was considered: No. 93-060 - AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("ELECTRICAL CODE") 'I0 PROVIDE FOR ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1999 EDITION; TO PROVIDE FOR AN AMENDMENT TO MINIMUM STANDARDS OF WORK; PROVIDING FOR AN AMENDMENT TO INSPECTION FEES TO ALLOW FOR REINSPECTION FEES AND AFTER NORMAL HOURS INSPECTION FEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. I Smith motioned, Brock 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, I. The Council considered adoption of an ordinance authorizing the Mayor 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. Bob Nelson, Executive Director for Utilities, stated that this was an option to purchase 134.6 acres of lan3 adjoining the present landfill. The fee was $10,000 per year for the three year option. The following ordinance was considered: i i NO, 93-061 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SUCCESSIVE OPTION AGREEMENT WITH ROGER C. SULLIVAN AND ROGER C. SULLIVA14 j COMPANY, A TEXAS CORPORATION FOR THE PURCHASE OF 135.6 ACRES OF LAND FOR FUTURE EXPANSION OF THE CITY OF DENTON LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING All EFFECTIVE DATE. Perry 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. J. The council considered aooption of an ordinance approving settlement in HK1,9111 y_,. City SfJ2gDt_Q,1, ~eoda ho ~ ~3 Agenea;tent._.i 5 City of Denton City Council Minutes April 6, 1993 t/KI Page 20 The following ordinance was considered: NO. 93-062 AN ORDINANCE OF THE CITY OF DENTON. TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF WRIGHT V ~iT~L4F DENTON._~Y AND DECLARING AN EFFECTIVE DATE. Chew 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". unanimously Motion carried . 8. Resolutions A. The Council considered approval of a resolution endorsing the renovation plan of the Greater Denton Arts Council for the Campus Theater. Lloyd Harrell, City Manager, stated that this was a request of the Greater Denton Arts Council for official Council endorsement of their fund raising event for the renovation plan of Campus Theater. The following resolution was considered: NO. R93-019 A RESOLUTION ENDORSING THE RENOVATION PLAN GF GREATER DENTON ARTS COUNCIL FOR THE CAMPUS THEATER; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Miller seconded to approve thla resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. The Council considered approval of a resolution regarding the support of the Texas Hydrofest. The following resolution was considered: NO. R93-020 A RESOLUTION REGARDING THE SUPPORT OF THE TEXAS HYDROFEST; AND PROVIDING FOR AN EFFECTIVE DATE. V City of Denton City Council Minute3 April 6, 1993 Page 21 Smith motioned, Hopkins seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing Congress Street between Alice Street and Denton Street on Friday, May 14, 1993. Catherine Tuck, Administrative Assistant, stated this was a request from the Calhoun PTA for their annual event. The only property owner affected was the DiSD. The following resolution was considered: NO. R93-021 A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 141 1997; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castlebarry "aye". Motion carried unanimously. D. The Council considered approval of a resolution relating to the issuance of obligations by the North Toras Higher Education Authority, Inc.; approving the issuance of such obligations and the use of the proceeds of such obligations; and making certain findings in connection therewith. John McGrane, Executive Director for Finance, stated that the North Texas Higher Education Authority was a non-profit corporation which was established under the Texas Non-Profit Corporation Act for the purpose of issuing debt for student loans. The Authority warn sponsored in conjunction with the City of Denton and the City of Arlington. Every time the Authority issued debt, it had to be approved by the City Council. The issue was for $140 million, $90 million was refunding and $50 million Was for new bond proceeds for more student loans. Mayor Pro Tem Hopkins asked about unpaid student loans. The figures in the portfolio indicated that the unpaid forbearance fees went up from $20 million to $107 million in the current year. Kathryn Bryan, Assistant Secretary - North Texas Higher Education Authority, asked if Mayor Pro Tom Hopkins was asking about 4tic'njaa item City of Denton City Council Minutes tic " April 6, 1997 Page 22 r defaulted loans, Mayor Pro Tem forbearance loansFHoPkins stated that she was indicating the ' Bryan replied that forbearance was not a default. status that a borrower could request Ifhewas having Forbeadifficulty paying back the loan but it was an authorized deferment of 'i The interest on the loan would continue to accrue as this was a temporary situation for the forbearance loans, payment, Mayor Pro Tem Hopkins asked about the policies which were in place to try and get payments. ~ I Bryan replied that the Authority worked with the borrower as much as possible so that the borrower would not default. If the borrower would default, the Authority would have to file a default claim with the guarantor. The following resolution was considered: NO. R97-022 A RESOLUTION BY THE CI'T'Y COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE ISSUANCE OF OBLIGATIONS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC,1 APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Chew motioned, Smith seconded to approve the resolution. On roll voteI BPerryrock Miller "aye~~, Hopkins "aye'f, Smith "aye", Chew unantmously, ye' and Mayor Castleberry says„ Motion carried E, The council considered approval of a resolution postponing the regular Council meeting of April 20, 1993 to April 27, 19931 and providing for an effective date, ' City Manager Harrell indicated that he had been contacted h Council that there might not be a quorum for the Aril 20th meeting, It was by the 27th, Proposed to postpone the regular meeting to April AgendaNo Agenda~ten.- L'.z-? City of Denton city council minutes '1 April 6, 1993 Page 23 The following resolution was considered: NO. IZ93-023 A RESOLUTION POSTPONING THE, REGULAR COUNCIL MEETING OF APRIL 20, 1993 TO APRIL 27, 1993; AND PROVIDING FOR AN EFFECTIVE DATE. i Chew motioned, Smith seconded to approve the resolution. On roll votef Brock "aye"„ Miller "aye", Hopkins "nay", Smith "aye", Chew "aye", Perry aye , and Mayor Castleberry I'nay". Motion carried with a 5-2 vote. 9. The council considered an appointment to the Board of Directors of the Upper Trinity Regional Water District. City Manager Harrell indicated that the current position was held by Bob Nelson. Council had been informed that his term had expired and Council needed to make another appointment. Perry motioned, Chew seconded to reappoint Bob Nelson. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "ayelf. Motion carried unanimously. 10. The Council considered an appointment to the Human Services Committee. City Manager Harrell suggested that Council hold this position until the new system was initiated. Consensus of the Council to defer the appointment until the new system for board/commission appointments was .initiated, 11. Miscellaneous matters from the City Manager. A. Update on the Fry Street Fair. Mike Jez, Chief of Police, stated the Police Department had started discussions with the Delta Lodge on approximately :larch 17, 1993. It was the Department's feeling that Lt, Paul Abbott, Special O event, Those perations, had scheduled an adequate number of police to cover the Texas Alcoholic fBeverage ulCommission, mtheedDewith partment t of from Safety, Denton County Sheriff's Office, the Denton Police Department Reserve Officers and reprAsentativos from the Fire Department. The Department's primary concerns surrounded the amount of alcohol consumed on that dr f by the dense numbers of City of Denton City Council Minutes J April 6, 1993 Page 24 individuals in the area. It was expected that the locations that had been chosen would create some difficulty as they were in several placers. There was a feeling that sometime during the day there would be a strong likelihood that the pedestrian traffic would result in street closures within that neighborhood and that would be done under the current city ordinance which gave the Police Department the authority to do such. The Department was also concerned about the extensive number of noise complaints which would be received. The Department would deal with those complaints as best as possible as they occurred. There probably would be more complaints than could be responded to. The Department would record those complaints so they could be forwarded to Council at a later date. Primary concerns were with the problems of alcohol consumption and traffic congestion. Lt. Abbott had been meeting with area businesses and churches regarding The Department had also been working cosely ith the Uniactiviti. versityeto open additional parking for use by participants. Council Member Smith asked where the other locations were other than the Fry Street parking lot. Jez replied that the primary event would be an 1800 square foot parking lot behind the Hickory Street Park and Go. Additional activities would bra on the parking lot of otays and additional vending booths would be set up in the area. Vie Delta Lodge would not be participating in alcohol beverage sales this year but it would be available in the area. A concern, which was a new situation, was that: the participants might not dioperae as quickly as many clubs would remain open after the event. Officers would stay in the area until the clubs closed. Council Member Millcr asked for an estimate of the numbers expected. Was there a way to control the number of people entering the area. Je: replied that he did not know how to stop people from entering V.r- rea as it was a public area. The Delta Lodge had agreed to Awit the number of people on the parking lot to 2500 people based on the recommendation of the Fire Marshall. Street closures would inhibit people from entering the area but would not deny them access. Patrols would start early in the day and continue throughout the day. Judgmental issues would have to be dealt with as the day unfolded such as possible street closures or decisions to call out additional police personnel if needed. It was felt that there was an adequat,a number of personnel to start the day and a dditional personnel would be on standby if needed. The Department was not and desiretofitheiDepartmortntoiestablishl a ms, it was the intent positive relationship "MT i ApenCa Pda _ li .fL-~ City of Denton City Council Minutes April 6, 1993 Page 25 . i for the event. Council Member Miller asked if the event were sponsored by the Delta Lodge and were they taking any accountability to establish - standards of conduct for the event. 1 Jez replied that the Lodge had been cooperative at this point in the planning. Realistically there was very little that the Delta Lodge could do to control the behavior of individuals once they had started consuming any kind of alcohol. I Mayor Castleberry stated that when the event was at the Fairgrounds, a provision had been made for additional rest rooms and for clean up after the event. Had this been provided for this event. Jez replied that additional rest rooms would be provided. The security measures that the Lodge took at the Fairgrounds had some negative repercussions. Off-duty officers would be compensated through Delta Lodge. Jez indicated that the Department was having problems getting officers to sign up for the duty and he might have to order them to accept the duty. B. Presentation concerning the Vision for Denton - 21st Century. City Manager Harrell indicated that this would be an introduction to the project at this meeting and more specific recommendations would be presented at the next meeting for staff direction. He presented the background history of the formation of the Committee. Council and other agencies had been discussing the need to enter into a community-wide project regarding the future of Denton. The Denson Record-Chronicle was also holding meetings regarding the future of Denton and where Denton should go. A number of people representing a number of institutions came together to develop a plan for the City of Denton. The City of Denton, DISD, Denton Area Chamber of Commerce, the United Way of Denton County, the University of North Texas, Texas Woman's University,and the Denton Record-Chronicle would be the sponsoring agencies. Those agencies would be asked to commit resources and key leadership individuals to the project who would guide the effort and shape the project. This was an opportunity to pull the community closer together and move ahead to make Denton a special place. Council Member Perry suggested that the term °warroom" be taken out of the wording of the document. City Manager Harrell replied that the phrase was now the "Impact" it f A r.03 No City of Denton City Council Minutes t~ ,!f April 6, 1993 Page 26 room or the "vision" room. Council Member Brock replied that that phrase had been adopted from the Rock Hill project. They were in a stronger position and felt they wore going to war to redeem their city, Council Member Miller stated that the term "warroom" was from note from meetings held in January, tousubm temtoranPerry others agency that which would have it would not be possible for him Council. He would feel better if the emphasis were on the process of the project. He did not want an advisory group formed which would have advisory, supervisory, legal, or technical monitoring capacity over the Council. C continue after ity Manager Harrell stated that the proposed group which would h institutions what duties to ido. o There would c bewnol legal authority to require anyone to take action. The group would continue so that the plan would not die. The group would continue to meet to allow the institutions to report what they were doing to achieve the vision, council Member chew pointed out that this was only a briefing at this meeting, A more indepth study would be done at the next meeting, Carl Anderson, Denton Chamber of Commerce stated that this was an exciting project for Denton. It reflected a continuation of Council's desires when they joined the City Council. The City Manager had done a wonderful job during this process. C. Harrell asked for a small Planning Session. Mayor Castleberry asked Coto work on the uncil Member Miller to help the City Manager and him. 12. There was no Executive Session held during the Regular ' Session. 13. New Business The following items of New Business were suggested by Council Members for future agendas; A. Council Member Smith reported that cleanup on the Council0a minutes. Thep a-A-Spot on was Saturday timeaCounci45 l Agenda ite City of Denton City Council Minutes April 6, 1993 Page 27 cleaned the area. t B. Council Member Smith reported on events of her recent trip to China. C. Council Member Miller stated that he had attended the opening of the new park and it was a very impressive facility. D. Council Member Brock requested a close monitoring of the ■I situation concerning flartfelt Anima] ShbYter. I E. Council Member Brock stated that there was still a problem of parking for downtown residents and felt that a discussion was needed. F. Council Member Brock asked for a report regarding the possible use of recycled paper and printing on both sides of the paper. City Manager Harrell introduced Joseph Portugal the new Assistant to the City Manager. 14. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 1005 p.m. BOB CASTLEBERRY, MAYOR ' CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOFC i - 1 ~ I ApidaNo w~ Ago^da'torr .sal CITY OF DENTON CITY COUNCIL MINUTES APRIL 7, 1993 The Council convened into a joint session of the City of Denton City Council and the Denton Independent School District Board of Trustees on Wednesday, April 7, 1993. PRESENT: Mayor Castleberry; Council Members Brock, Perry, Smith and Miller. ABSENT: Mayor Pro Tem Hopkins and Council Member Chew. Council Member Perry left the meeting. 1. The Council held a discussion regarding various issues relative to the City of Denton and the Denton Independent School District. Tim Sonnenberg, Superintendent of Schools, stated that a recent accomplishment of the District was the passage of the $21.5 million school bonds. $5.25 million of the bonds had recently been sold. Gilbert Bernstein, Assistant Superintendent of Schools for Administrative services, stated that the passage of the bond issue would have no effect on the tax rate this year dug to refunding. In a four year period, there would be a 1.7 cent increase each year. Bernstein detailed how the bonds would be used. Sonnenberg stated that Rivera School would open in the fall of 1994, a design for a new elementary school would begin in the fall of 1995 with an additional elementary school coming on line and redistr:-"ting would be looked at in the fall. Council Member Chew joined the meeting. Jeff Kruger, School Board Trustee, asked about financing fir joint televising of Schoollcouncil meetings. Mayor Castleberry stated that the City's televising would begin sometime in the summer. Sonnenberg stated that the equipment purchase and manpower would be included for discussion in the 1993 budget for the School District. He anticipated strong interest for participation In the early fall. Lloyd Harrell,City Manager, stated that the next step would be to have a formal agreement considered by both entities. Harrell stated that the City had money left over from a bridge replacement project. The city was proposing to use that money to repave Mayhill from U.S. 380 to McKinney. The total materials for the project was approximately $80,000 while the remaining funds only totalled $50,000. As Mayhill was+ both in the City and in the County, the City had asked the County for $30,000 for materials to • AgecdaNo Agcr,dafter,~-^ ~ 5 , City of Denton City Council Minutes c~lye i April 7, 1993 Page 2 pave the road. The City would do the work and contribute $50,000 for materials. He asked the School Board to assist in convincing the County Commissioners to provide the money. Mayor Castleberry suggested that the School District, County ; Commissioners and City Council meet to discuss the project. Harrell gave a brief overview of the Visioning Project which was being planned for Denton. Different institutions in the community would help bring people together and discuss what Denton would be like to 10-15 years. Seven institutions would be asked to be sponsors of the project. The sponsors would put individuals on a board to guide the project. The project would start in September and run through January of 1994. The seven institutions would be the city, the school District, the two universities, the United Way, the Denton Record-Chronicle and the Chamber of Commerce. Mayor Castleberry stated that everyone would be invited to participate in the project. He stated that several street projects were under way including the Dallas Drive/University Project, Teasley Lane and Fort Worth Drive. Council Member Miller asked about the new discipline policy in the schools and the implications it had for City Court. Roger Rutherford, Assistant Superintendent of Internal Services, replied that the policy was a no tolerance policy for violent fighting, abusive language, threats. A letter had been sent to parents during Spring Break detailing the policy. Sonnenberg stated that the policy did not deal with minor scuffles and it was not the intent to use the policy unless it was a last resort. Council Member Chew suggested that the letter be reviewed as he had received one and the language did not have a "last resort" theme. With no further business, the meeting was adjourned at 12:45 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS I I r :i~ CITY' COUNCIL T_•; viz ti r 1 11 F 1+4 FFF I o • o o :3 jllll~~l I =33= 373=U 11 . 93 Ap*No L1a~4 D cirYot DENTON,TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 7620f / TELEPHONE(817)566.8307 Office of the City Manaper moman^Nnum TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: April 22, 1993 SUBJECT: Mr. Tom Rodgers Appearance Before Council Tuesday, April 27, 1993 It is my understanding that Mr. Rodgers will be appearing before the Council to request the release of a portion of our ETJ directly north of the Copper Canyon city limits. We have had some conversations with Mr. Rodgers. Scott Armey, Commissioner for the area, has also been discussing ideas with both the cities of Copper Canyon and Highland Village. We have worked to try and facilitate an annexation by Highland Village that would allow an area within Highland Village to be used as a possible corridor alignment for 2499, The area that Copper Canyon is ' seeking would be east of this corridor. Thus, this area would not include 2499 and, therefore, would still meet with Copper Canyon's wishes for 2499 not to be within its city limits. We have told Mr. Rodgers that we think that it would be in everyone's best interest if Copper Canyon passed a formal resolution supporting the 2499 project as long as it is not within J the city limits of Copper Canyon (i.e., the alignment possibilities 1 through Highland Village would be supported). We told him that we thought this was something that. the staff would recommend in order for us to also recommend that the Council consider releasing this ErJ area for ultimate annexation into Copper Canyon. Council may want to convey these thoughts or any other thoughts or ideas that they might have when Mr. Rodgers appears before them on Tuesday evening. J Apenda No Agendal`eott.l~~.~.~-- (We Lloyd V. Harrell cr April 22, 1993 Page 2 I have attached a map showing the area that is being discussed by Copper Canyon. I would be happy to try to respond to any questions that you or the Council might have. Ric Svehla Deputy City Manager RS:bw AMM002A3 Attachment i I r h ' k poRTIOM WIMN GtirY °OF D~NTbN ET1 Tb ex ae"Afotb -ro GoPPclt CAN YW4 I I H 971 141 t 0 MIMI v 1 P I/~ - - - - - - - - - - - ~yCITY~ wCOUNCI . . ~°~°aooa oq~0 o p; s w eA ~ ~tC Cap VoIA r_~ DATE: April 27, 1No. ~pA7d~lt CITY-COUNCIL REPORT Date 3 r TO: Mayor and Members of the Cit 92 Hof 3D y Council FROM: Lloyd V. Harrell, City Manager - SUBJECT: Z-93-005, Epic Development, Inc, RECOMMENDATION: The Planning ar,d approval with a vote of 6-0 with oneabs Commitssiaon recommended March 24, 1993. inin 4, at their meeting on meeting on UMMAR : Request a rezoning on a 299.9 acre tract located southeast of Loop 288, northeast of IH-35E and west of Mayhill Road from the Planned Development districts No. 91 and 92 to the commercial district (C] with conditions. BACKGROUND: RUND: See P&Z Report. PRO RAMS DEPARTMENT OR GROUPS AFF~: Entire City of Denton. FISCAL IMPACm• RespectfzUly submitted: r Prepared by: Lloy Harr 11 City Manager Ka en K. eshari, Urba finer Approved: Frank H. Rob ins AIC~p - Executive Director Planning and Development AX90033F Agenda No Agenea item_ (bte. ~-a7- q3 I PLANNING AND ZONING COMMISSION REPORTO To: Mayor and Members of the City Council Case NO.: Z-93-005 Meeting Date= April 27, 1993 GENERAL INFORMATION I Applicants Wier & Associates, Inc. 4300 Beltway Place, Suite 130 Arlington, Texas 76018-1097 f (,john Wier, President) C I Current owners Epic Development, Inc. P. O. BOX 650398 I Dallas, Texas 75265-0398 (Francis Sapienza) Requested Action: Rezone property from Planned Development districts No. 91 and 92 to the Commercial district [c) with conditions. Location and Sizes Approximately a 300 acre tract located south of Loop 288, north of IH-35E and generally west of Mayhill Road. Surrounding Land Use and zoning: North - Agricultural; single family and vacant land. South - IH-35E. East - Light Industrial, Agricultural; Andrew Corp., single family. West - PD281 PD490 Light Industrial; Denton Towne Center Denton Development Plans Urban Center Agendaltemi4 S s~f~ Case No. 2-93-005 Page 2 " SPECIAL Ivro; TIDN - In order to develop this property the during the platting process: following must be addressed Transportation: ' Additional right-of-way dedication Mayhill Road, will be required on • Depending on buildino Colorado Boulevard will need to be relocated t theanorth as well as the electrical during the ring theon line. These will be addressed platting process, specifically Sidewalks are required along Colorado Boulevard the frontages (a of Ma applicant is requesting relocation) and IH 3i51 Road, Plan, which is re esting a Comprehensive Pedestrian AccesThe' s anywhere other thaiacrosif the s the sidewalks are to Drainages frontages, be located The majority of property drains towards railroad. Detention ponds will be the abandoned MKST offset any increase in drainage provided b by the devalo the developer to Drainage easements Pment, will Passes under the Inter statee arequired for any Passes through drainage that Utilities= through the property, Water: The existing 16 inch water line on Col and the 8 inch line on Southern yillar wiZBoulevard service. These lines hr 'ave not been 3wil will city yet, Fro Provide b the is generall posed water line layout for the hospital Sewer: Sewer servicw,will be and 8 inch sewer linesprovided by the existing accepted by the city yetThese utilities have not been , Agenda No ABsndaiter~-Z'S ~`s~f~ Eki'e ~ 7~3 case No. Z-93-005 Page 3 SPECIAL INFORMATION, continued Fire Protection: The hospital must be provided with an automatic fire alarm system throughout to meet National Fire Protec- tion Association and Uniform Fire Code Standards. Fire hydrants must be provided around the complex and must not exceed 250 feet spacing. Fire lanes must be installed around the complex to maet City ordinances. Various fire separations within the complex will be dictated as the building plans are submitted and evaluated by the building and fire departments. I HISTORY On January 15, 1985 the City Council approved the rezoning of this property from the Agricultural district to the Planned Development districts (91 & 92) for the purposes of mixed uses consisting of: Multifamily 56.1 acres Office 57.1 acres commercial 95.7 acres Light Industrial 91.6 acres 300.5 acres Recently, Epic Development, Inc. acquired this property from the Resolution Trust Corporation in order to locates Denton Regional Medical Center to this location. On March 24, 1993, the Planning and Zoning Commission heard case No. Z-93-005 and recommended approval 6-0. (Richard Cooper abstained.) I agamia No Case No- Z-93-005+@- ~`f7 y3 Page 4 ,`J 30 ANALYSIS This property is located in the southern Urban Center. These areas are encouraged to have high intense land uses. Because the City also se ssta ese areas to promote economic development, the intensity rd policy does not apply. The applicant has submitted specific conditions to be considered with their rezoning request. Attached is a list of Prohibited Uses and, more restrictive setbacks than those allowed in the straight Commercial district. I In attempting to stay in line with previously approved zoning along the City's main entranceways, the applicant is proposing a 40 foot setback along I-35E as well as Mayhill Road with the condition that parking not be allowed in the front 20 feet. In the commercial district the required front yard setback is 25 feet. The requested rezoning complies with all policies of the Denton Development Plan. RECOM3iENDATION The Planning and Zoning commission recommends approval with the attached conditions (6-0, with ore abs aining)f 2-93-005 ALTERNATIVES 1. Approva petition 2. Approve petition with additional conditions 3. Deny petition Age,:daNo flerrZ Agenda We Case No. Z-93-005J~o Page 5 ATTACHMENTS ; 1. Location Map 2. Zoning Exhibit 3. List of Conrtitions 4. Ordinance 85-17 5. Ordinance 85-18 6. Minutes of P&Z, March 24, 1993. I I AXX00316 1 f V3 - i' ATTACHMENT 1 A@.__... 9✓ _ - 93-045 Denton Regional Medical NORTH MIX CAN$ r - A ANNE IN r YA~ I i PF, LIP J~v Date; 3/12/93 Scale: NONE I 1l ttl n rv I LO\ TKKt M` f6R tl♦rCfm ''ter r"' ~~I . ♦ i,. \ , 1 1° 1\IIIl6yi I I 1',. S•M[r YYtI 1, » \o,~ f r n )~i r1H .t If//` Ii /IG1'! Rio v..+`~•- ►11'0►O;y ZONING: iC'Ilpeegf)Ry lut, L`` w _ i" '~`•4°+' \ I _ _~f! All rIYC ti „r*'. i i.°..w ~ /I •vW''•~il'•.~ ~=Jl r,for' .er,rtd ~ fir. ovl 1 9 ttiw+iFlwD l' ,\\~\I+n~uoeur Y-t .0 a rIIiR ~+I.OI f V 4Yr~l\\I~/ IOM' AK _ ~ KA'm ,nl et`r'a ,ems Yr I ~ I'r I ?-S'~ ! " M .K M r tr ~ppti ` ' r I _ _ "'3 l . 4 31 Y zQoEP' uila ~iA.../ ~l' _ ~ti• ti / / / 1'. ilea l.e.A• . V., 1 tlaw o ! wo 0~ _ ii 1 +ri.r PNO[0!!0 lONI NO C(e) " t°t'e let 'rt'' "'~1 y r- _1 i' t I ! / ~~r;ss. ~ , ti uJelil \ ~ 1.♦bmw~er MMA ♦ fw.c lov I t 1 IS w I I CI1I ',I Iro-C.uC al / • rs-I~ II Loo I ~ ` s ~ 1 , Mc IC f t ~ . Ir •':f yr'^: f ~ / a i.., I I; r ` 1 a~ 1' w. r ♦~..~..~••MTP.Y11• ^•R1TT7<f ~?lLr +*~M11~•Y7Tf~l J ~ M .a~\ / e,vt't / I, AY Plo tt / - NOMNO t MIIIIT t .'..11 OM.1 ACNi[ A-am r{ J 1 tYt f1Mt. YtAltf ~ eft Iro 41 IM7 KW' me uunuu u~l r, /r.ll II. e. wl.o' wm.ctti. ra, t1' On V oprp., " Oll C*Nrr. MA .1 W .r ~NNIlilnocKTU ere. w KU.r ~ b CJt ~I ~»s..rwrv / ILA oas ~ a ATTACHMEN'T' 3 ApidaNo CONDITIONS AND RESTRICTIONS nd?);8'-J~' FOR'C(c)' k COMMERCIAL CONDITIONED DISTRICT ' 2f RE O UFST BY EPIS` DEYELQPf~T, A. 5EZ( F~3 ~1iLD3N -GS ANDAIRi~Dj3 E$: There shall be a 40 foot setback along IH-35E and Mayhill Road (future Ioop 2%) with no parking allowed in the first (front) 20 feet. B. R'1H18ITEOlESEB: The following uses, otherwise permitted In this district, or otherwise permitted with approved specific use permit, shall be prohibited in this conditioned district; i 1' Pam-d~44~4n i 4D3 a) Community Unit Development b) Trailer Camp or Mobile Home Park 2. 1dg4 la',a:, iul(Qna~PnlBF.eSI.-~t314E4 a) Cemetery or Mausoleum b) Hallway House c) Occasional Sales 3. !&11 1Y.A4GS3T47y andju.14.waWjttli a) Home Occupation b) Radio and Television or Microwave Tower. 4. Feoreationai ar1Q CnteAalnment Usg~ a) Drag Strip b) Fairground or Exhrbifion Area c) Go Cart Track d) Rodeo Grounds e) Sexually, Orien!ed Business f) Stable, Private Club g) Stable, Comma rcial Rental h7 Stable, Boarding - rT` ij`• -Theater, Drive-in 5. &IOMQ111a Servloe Uaee ri - a) Tke Retreading or Capping 8 R t~e1f end Service Tvne Us" a) Pawn Shop b) Secondhand Store, Used Furniture or Rummage Sale rb9~tQi_+II~LTvus Uaea . a) Animal Pound (Public or Private) b) Animal Clinic, Animal Hospital or Kennel with outside Runs or Pens c) Hatchery, Poultry 8. Corn mSL4IALITYPB-V"! a) Fecd Store b) Fiea Market C) Storage and Sales of Furniture or Appliances outside a building) d) Trager Rental or Sales 9, Kp ural Resource 61"r go Qr E r for a) Extraction and Storage a Said. Caliche, Stone, Clay, or Gravel WSA #92'039 Page f of t l l 31, 1993 IF Ag~ndan~o _2p 1~ l_l A~erruagenL_Ps~~ sii~ ATTACHMENT 4 "T N0. AN ORDINANCE AMENDING THE ZONING .'LAP OF THE CITY OF LENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 243.361 ACRES OF LAND LOCATED ON THE NORTH SIDE OF MOREINTERSTATE PARTIC15ULARLYP DESCRIBED IN80 EXHIBIT "A" ATTACHED 2HERE't AND AND MADE A PART HEREOF; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICA- TION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SEC71ON I. That the zoning classification and use designation applicable t hereto and made a o all or part of the property described as Exhibit "A" attached from Agricultural '~A" D strict ClassiflcatloneandaUser Designation to Planned Development "PD" District Classification and Use Designation under the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION It. That in approving this planned development district ordinance, the City Council hereby approves a preliminary site plan showing the general proposed land uses within the district. Prior to the issuance of any building permit for development within the district or part thereof, a comprehensive site plan shall be required to be submitted and approved as part of this ordinance in accordance with Article 11, Appendix B-Zoning, of the Code of Ordinances. SECTION 111. That the development of the property shall be in substantial compliance with the comprehensive site plan attached hereto and made a pirt heiein for all purposes. SECTION IV. That prior to Issuance of any certificate of occupancy for the use of any building within the planned development district, the following conditions shall be met; 1. The following land uses shall not be permitted in the approved PD; Amusement, Commercial (outdoor), Drag Strip or Commercial Racing Asphalt or Concrete BatchLng Plant (permanent) Brick Kiln or Tile Plant Dormitory, Boarding or Rooming House Dump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Fairgrounda or Exhibit Area Go-Cart Track Halfway House Hatchery, Poultry Hauling or Storage Company 7 S Heavy Machinery Sales and Storage Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction Livestock Feeding Plant, Pens or Yards Mining or Storage of Mining Wastes Open Salvage Yard for Rags or Machinery, etc Petroleum Collecting or Storage Facilities Private Utility Shop or Storaga Yard Rodeo Grounds Sand, Gravel or Earth Sales or Storage Stable, Commercial Rental Stable, Bearding Stable, Private Club Storage and Sales of Furniture or Appliances Outside a Building Theater, Drive-in Tire Re-Treading or Capping Tool Rental Trailer Camp or Mobile Home Park Trailer Rental or Sales Used Auto Parts Sales SECTION V. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION VI. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of 1,,LA 5• r' ~ !I CI OF Of TON, TEXAS ATTTEESTT[:.j CHARLOTTE ALL~~~- II CITY OF DENTON,~TEXAS APPROVED AS TO LEGAL FORM: 1 JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY. i~ LEGEND ~PD"NF'7' Yi'~~:rl ilrrr.r 54 1 AC CI -pa-0' alP ii}1«»I1rr 11 011 AC 951 AC 'PO-Lt' 016 AC !r I Pool" b" rOr.LL 300! AC =1 ! O's i ~ vr,Mrv IMp i $d •i 11'' 1 ~y "{lI , 1O" r MICACf ~ w rr a, is 1 ~ , 1r1 « P µA'1 H wu \ I rr Lrc n. rl n l .c ` pi' I ~ rL +1L p Y wu~ :1 I(_.r' rr rL V ~?I lAKI1 »LL K ~•f^'•'~ F. II I.L 11 L ZONING EX H I B I 'r 306.5 ACRBill DENTON, TEXAS :NIIMS h11M1f11.~111k1{ W I I AS. IMN 15711 ar L. O ka~ 0 I V y EX.HISIT "A" Agri daIlermr :SZ ZONING LEGAL DESCRIPTION ✓~.~0 TRACT 1 213.361 ACRE FROM 'A' AGRICULTURAL TO 'PD - MF 2' PLANNED .:ItVELOPMCNT MULTI-fAMILYt 'PD - 0' PLANNED LEVELOPMENT OfFICE, AND 'PD - LI' PLANNED DEVELOPMENT LIGHT INDUSTRIAL I Being 213.361 acres of land situated in the N.C.P. a A.A.P. CO. SURVEY, Abstract Number 9501 DANIEL LAMBERT SURVEY, Abstract Number 7811 J. WHITE SURVEY, Abstract Number 11331 and the J. S. TAFT SLAVEY, Abstract Number 1256, Denton County, Texas, being , more particularly described by metes and bounds as follow n , BEGINNING in the West right-of-way of the Missouri, Kansas and Texas Railroad on the North line of said M.E.P. a P.P.A. Survey at a point N 88' 26' 47' W, 178.69 feet *rom a 1/2' steel pin found by description being the Northeast corner of said survey, said beginning corner being on the approximate Northwest line of the Ma Alll 11o ad) Northeast corner of the 39.16 acre tract conveyed ito Henri S. Miller Company, Trustee, by J. V. Woodford and wife, Norma 1. Woodford, In dead dated July 11, 1969, and recorded in Volume 589, Page 73, of the Deed Records of Denton County, Texas, THENCE in a Southwesterly direction with a fence and the Northwest Iino of Mayhill Road for the following six call n 1. S 56' 22' 19' W, 188136 feet to a fence post, 2. S 37' 29' S9' W, 181.33 feet to a fence posts .1. S 33' 13' 29' W, 110.85 feet to a fence post, S 26' 05' 26' W, 233.11 feet to a fence post, S. S 15' 01' 19' W, 121.19 feet to a fence post; 6. S 11' 11' 20' W, 993.93 feet to a right-of-way post for the Northeast right-of-way of Interstate Highway 35-Er THENCE in erthwesterly direction with the right-of-'ray of Inter- Highway 3SE for the fallowing ten Callas 1. S .9' 31' 57' W, 72.21 feet to a right-cf-ray post; 2. N 19' 51' 02' W, with a fence on the said rignt-of-way 803.26 feet to a right-of-way posts 3. N 534 32' 00' W, 91.00 feet to a 1/2' steal pins 1. N 19' 15' 55' W, with a fence on said right-of-way 511.58 feet to a fence corner for the most Westerly corner of the said Woodford 39.16 acre tract, also being in the South line of the 12.252 acre tract conveyed to Henry S. Miller Company, Trustee, by Thule Mae Carruth and Leslie Gordon Carruth in deed dated December S, 1969, and recorded in Volume $95, Page 313, Deed Records of Denton County, Texosr 5. 6 616 58' OD' W, 16.66 feet with said South line of said Carruth 12.252 acre tract to a 1/2' inch steel pin and fence corner posts 6. N 19' S7' 00' W, passing as 1228.60 test to a 1/2' steel pin anl fence corner for the northwest corner of said Carruth 12.252 acre tract and being in the North bound- ary llno of said M.E.P a P.A.P. Co. Survey, Abstract No. 950t sold corner also being the Southwest corner of the Sullivan 66.867 acre tract in the Daniel Lambert Survey, Abstract No. 786, conveyed to Henry S. Miller Company, Trustee, by Mrs. W. C. (LOUts George) Sullivan, of al, In deed dated July B, 1969, recorded in Volume 588, Page 208, Deed Records of Denton County, texas, continuing in all 1372.32 feet to a 1/2' steel pin, WaA 183-015 September 21, 1981 Z-17031HE?RY S. yt~ILLEPJPAGE 3 k 61tl~ h2 3 n?,,, 7. N 51' 04' 00- W, puling at 592:60' feet-a-ateal-fence corner for the Northeast corner of said Sullivan 66.647 V. acre tract and the Southwest corner of the 4,570 tract conveyed to Henry S. Milior, Trustee, by Carl M. Haggard and wife, Oliva La Neu Haggard, in deed dated July 10, 1969, recorded In Volume 566, Page 303, Deed Records of Denton County, 'exist Passing at 1462.00 feet a ience corner for the northwest corner of said Haggard 4.570 acre tract and the southwest corner of a 49.230 acre tract conveyed to Henry S. Miller Company, Trustee, by Fred Woodall, in deed dated July 16, 1969, and recorded in volume $99, Page 415, Deed Records of Denton County, Tassel continuing in all 2220.10 feet to a right-of-way marker and the point of curvature of a Curve t, th. Right whose radius is 11,309.20 feett said point being 150 feet from and at right angles to the centerline of IH 35tt 6. N $0' SO' 44' W, a chord distance of 67.29 feet to a 1/2' steel pin for the Point of Tangency of said curve; j 9. N 45' 17' 00' W, 99.20 fret to a 1/2' steel pin tar tie Point of Curvature of a Curve to the Right whose radius is 11,299.20 feett said point being J60 feet from end at right angles to the centerline of IN 3SEr i 10. N 49' 19' 31' W, a chord distance of 90.00 feet to a 1/2' steel pin for the Northeast corner of a 0.196 acre tract conveyed to the State of Texas by J. H. Thomas, at ux, in Cause No. 5152 recorded in Volume 446, Page 363, Deed Records of Denton County, Taxies THENCE N 29' 30' 00' W, 179.26 feet with the East line of the J. H. Thomas remainder to a 1/2' steel pin for the North corner of said Thomas remainder; same being the Southwest corner of a 67.62 sore tract conveyed as Part One to Harry S. Miller Company, trustee, by Hubert A. Hefner and wife Dorothy A. Hefror, in deed date! July 9, 1969, and recorded in volume 556, Pags 35, Deed i,scords of Denton county, Texasi said corner also being in the East line of a 2.594 acre tract conveyed to Denton-Post Oak Joint Venture by Jack Arrington at us, in deed dated Jane 14, 1963, and recorded in Volume 1225, Page 995, Deed Records of Denton County, Texssr THENCE S 02' 17' Sly W, 77.25 feet with the East line of said Arrington 2.594 acre tract and the West line of said Thomas remainder to a 1/2' Iron rod in the East Airs of the Daniel Lambert Survey, Abstract No. 764, and in the Northe-rst right-of-way line of IH 3SEt being 150 feet from and at right angles from the centerline of IH ISEt THENCE Northwesterly with said Northeast right-of-way of IN ISE the following four calls, 1. Northwesterly with a Curve to the Right having a radius of 11,299.20 feet, a chord bearing N 46' 36' 31' W, a distance of 74.21 feet to a 1/2- stool pin for the Point of Tangency of said curet 2. N S3' 4" 40' W, 99.20 feet to a I/2' sisal pin for the Point of Curvature of a curve to the Right whose radius is 11,309.20 flair being 150 feet from and at right angles from Lhe centerline of IH 3SEr 3. N 46' 02' 53' W, a chard distance of 139.59 feet to a 1/2' steel pin for the Point of Tangency of said curve; Pago 2 of 3 WIA 161-015 September 21, 1954 Z-L703/HENRY 5 9FILLER N 47s 41' 40• w, 136,70 feet to a 1/24 steel pin, at a fence corner for the West corner of said Arrington 2.594 acre tracts THENCE ' to a I/is steel pan • for the BNorth fcorner lof and aArrington fence 2.594 acre tracts being in the West line of said Hefner 67,62 acre tract and the East line of the said Lambert Survey, Abstract No, 784, and the West Ilne of the J. white Survey, Abstract No. 1433= THENCE N 029 17' 55' E, 1318.35 feet to a fence corner for the Northwest corner of the J. white Survey, Abstract No. 1433, and the Northwest corner of said Hefner 67.62 acre tracts THENCE 89' 43' 290 E, 585.63 Net along the North line of said White Survey and said Hefner 57,62 acre tract to a 1/2' steel pin in the middle of ■n abandoned road for the Southwest corner of a 1.532 acre tract in the J, S. Taft Survey, Abstract No. 1256, conveyed to Henry S. Miller Company, Trustee, by Roy Leon Bothwell at al, as Second Tract in deed dated July 14, 1969, and recorded in Volume 589, )age 47, Deed Records of Denton County, Texas) THENCE N 014 02' S7• W, 398.76 teat with the West line of said Bothwell 1.532 acre tract In the middle of said abandoned road to a 1/2' steel pin on the westerly right-of-way of the Missouri, Kansas and Texas Railroad: THENCE Southeasterly with the Southwest right-Of-way of said M.K.T. Railroad the following calls$ 1. S 41' 24' 15' E, 2153.68 feet to a Point of Curvature of a Curve to the Lett whose radius is 1960.17 toot and a central angle is 211 10' 39•s I 2. Southeasterly with said Curve an Are distance of 724.52 feet to an iron pin near a fence corner for the Nortr.- east corner of said Woodall 49.23 acre tract conveyed to Henry S. Miller Company, Trustee, by Fred Woodall in deed dated July 16, 1969, and recorded in Volume 589, Page 415, Deed Records of Denton County, Texas; 1 THENCE S 018 31' 10• W, 962.59 feet with the East line of said Woodall 29.23 acre tract and along and most a fence to an iron pin roar a fence post for the Southeast corner of said Woodall 49.23 acre tracts being in the North line of said Sullivan 66.847 acre tract situated in the Daniel Lambert Survey, Abstract No. 784 c.)nveyed to Henry S. Miller Company, Trustee, by Mrs. W. C. ILou a George} Sullivan at al, in deed dated July 4, 1969, and recorded in volume 583, page 208, Deed Records of Denton County, Taxes: THENCE N 880 42' 35' it, 1757.54 feet with said North lima of said Sullivan 66.847 acre tract and said Lambert Survey and along and hoar a tense to an iron rail near a fom:a corner, for the Northeast corner of said Sullivan 66.847 a:to tracts THENCE S 006 52' 35- w, 1098.97 teat with a fence to a 1/2• steel pin for Corner near a fence corner at the Southeast Corner of said Sullivan 66.147 sera tract and being in the North line of said Woodford 39.460 acre trvctwcoiveyod ato Harry S. Miller Company, Trustee, by vita, Norma 1, Wooodford, in Deed dated July 140 1969, recorded in Volume 589, Page 73, Dead Records of Denton County, Taxes: said line also being the South tine of the Daniel Lambert Survey, Abstract so. 784, and the North line of the M.E.P 6 P.P.R. Co. Survey, Abstract so. 950; THENCE s 180 26' 47• E. 639.11 fast along and near a fence With the North lima of said Woodford 39.460 acre tract to tre PUCE Of SEG3NNSNG and c4ntain1ng 243.361 acres of land. Page 3 of 3 5 W6A 183-015 t.ntemoer 21, 1984 i 979E !Nf3F10 ~J_S^,//. ATTACHMENT 5 NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DEN70N, TEXAS, AS SANE WAS ADOPTED AS AN APPENDIX JF T1L CITY OF DENTOS AEh70N;C 7EXA5 BY TO THE CODE OF OP.DINANCES ORDItL1NCE N0. 69-1 AND AS SAID NAP APPLIES TO 57.087 RES OF LAND LOCATED ON THE EAST SIDE OF LOOP 2881 APPROXIMATELY 2,200 FEET NORTH OF INTERSTATE SSE, AND IS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL- "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT pD DISTRICT CLASSIFICATION DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. AND USE I THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i SECTION 1_ That the toeing classification and use designation applicable to all or part of the property described as Exhibit "A" attached hereto and made a part hereof for all purposes is hereby changed from Agricultural 'A" District Classification and Use Designation to Planned Development "PD" District Classification and Use Designation under the Comprehensive Zoning Ordinance of the City of Denton, Texas. t SECTIONII That in 4 dpproving this planned development district ordinance, the the City Council hereby approves a preliminary site plea showing theuaocr of any posed land uses within the district. Prior to the or Pare thereof, a comprehetnsive for develop shall bteirequirdatoibe submitted and approved as part of this ordinance in accordance with Article 11, Appendix B-Cooing, of the Code of Ordinances. SECTION 1II. compliancehwithvthe~com2roeheesive sites plan attached hereto rand made a part heroin for all purposes. SECTION IV That prior to issuance of any certificate of occupancy for the use of any building within the planned development district, the fG11owing conditions shall be met: 1. The following land uses shall not be permitted in the approved PD: ~pM lint, Cormmercial (outeooplsat ag Strip of Commotctal Racind Brick Kiln or Tile Plant g (Permanent) Dotvitory, Boardie or Rooming House ~P or Sanitary Ff11 Area Cemetery or Mausoleum Extraction and Sale of Send, Calicha, Stone, Clay or Gravel Fairgrounds or Exhibit Arta Go-Cart Track Halfway House Hatchery, Poultry Hauling cr Storage Company Heavy Hsct.inery Sales and Storage S 724 ApudalfeaL_ ;0z/"j a Move for Care of Alcoh Livestock Auction olic, Narcotic or Psychiatric Patients Miningoor Storage ofaMiaingngOr Yards Waste3 Open Selvage Yard for Rage or Machinery, etc Petrol rivateun Collecting or Storage Facilities Rodeo eo G G Utility Shop or Storage Yard R rounds StablaCrCveomv1 or earth Sales or Storage Stable erc'al Rental Stable; private g Club Storage and Sales of Furniture or Appliances Outside a Building Theater, Drive-In Tire Re-Treading or Capping f Tool Rental Trailer Camp or Mobile Home Park Trailer Rental or Sales 1 Used Auto Parts Sales There will be a six (6) foot solid fence between the Henry S. Miller property and the railroad track and between the nry S. Miller property and the Mason Haggard property. SECTION V. findshthathsuchichangenis infaccordance with Denton, eprehearivt plan for the Purpose of promoting gg Denton, Texas, and wh reeson blaneconiideration f the City other things for the character of the district and for its peculiar suitability o S ~on8 other S Particular uses, and with a view to conserving the valve of the buildings, protecting human lives, and encouraging the cost appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citLseoe. SECTI1_ J That this ordinance shall be in full force cad effect immediately after its passage and approval, the required public the Comaiseton sand, thereCityrCouncilhofd e th CityP of nDenton,, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of _,4'"`4t 1985. 1 , i CITi OF DE ON, TEXAS ATTE41: ~ CAUU.O'i CITY OF DENTON,~TEXAS APPROVED AS To LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DEMON, TEXAS BY: 7.7 7114 /Ref Dp Mf f TVS lD IQP 2 5 agvda~tem~ 20NINT DESCRIPTION ~ Y, 3n 57.087 ACRES FROM 'A'AGAICULTURAL TO i 2 'PD - MF 2' PLANNED DEVELOPMENT MULTI-FAMILY AND 'PD - LI' PLANNED DEVELOPMENT LIGHT INDUSTRIAL Being $7.087 acres of land lying in the J. WHITE SURVEY, Abstract No. 1437, and the J. S. TAFT SURVEY, Abstract No. 1256, Denton County, Texas, and being Southeasterly of State Highway 281 and North uterly of the Missouri, Kansas and Texas Pailroadt being Part Two of 29.39 acres situated in the J. WHITE SURVEY, Abstract No. I433, described in deed dated July 9, 1969, from Hubert A. Hefner and wife Dorothy A. Heffner to Henry S. Miller Company, Trustee, recorded in Volume 581, Page 36, of the Deed Records of Denton County, Texas, and also being the First Tract of 26.632 acres situated in the J. S. TAFT SURVEY, Abstract No. 1256, de- scribed in deed dated July ll, 1969, from Roy Leon Bothwell, at al, to Henry S. Ml21er Company, Trustee, recorded in Volume 519, Page 47, of the Deed Records of Denton County, Texas, being more particularly described as fo)lowst I i BEGINNING at a fence corner by description being the Northeast corner of the J. WHITE SURVEY, Abstract No. 1433 and the Northeast corner of the H. A. Hefner 154 acre tract conveyed to H. A. Hefner by deed dated December 26, 1917, from C. F. Batis and E. C. Betts and recorded In Volume 155, Page 393, of the Deed Records of Denton County, Texast said point also being the Northeast corner of said Hefner 29.39 acre tract. THENCE S 02' 22' 30' E, along the East boundary line of said H. A. Hefner 154 acre tract and the said Hefner 29.39 acre tract (fence along this line is very irregular) a distance of 1564.39 feet to a 1/1, steel pin for the Southeast corner o of the f this tractr same being in the Northeasterly boundary line r same being sthe r Northe Sterly and rigTexas ht-of-way r line &I lot f forth in a certain instrument designsted as 'Relinquishment of Raclroad WCompanymdated Heney to the 1880, Deand s reand corded hiIn Volume 0, Page 67P of the Deed Records of Denton County, Taxasr ~I THENCE NORTHWESTERLY with the said Northeasterly right-of-way the 1~~J1 following two cs11 u 1. Northwesterly along a curve to the Right whose radius is 1860,17 feet, central angle 19' 43' 44' being 50 feet from and parallel with the centerline of said railroad, an are distance of 640.52 feet to a point of tangency of said curvet 2, N 41' 24' 1S' W, 2271.31 feet along the Southwest line of the said Hefner 29.19 acre tract and the said Bothwell 26,632 acre tract to a 1/2' steel pin for corner in the West line of said 26.632 acre tracts THENCE N O1' 02' 57' W, with said West line 177.00 feet to the , Southerly right-of-way line of State Highway THENCE with the Southerly right-of-way line of state Highway 268 the following two callet 1. N 55' 29' 40' E, 753.07 feet to right-of-way posts 2, N 60' 06' 2S" E, 344.05 feet to a steel post and fence corner for the most Northerly Northeast corner Of sold Bothwell 26,632 scr• tractr WaA 113.015 September 21, 1984 sy, ~.rtn~re„oft rnrrrrcrFNU7R(T "e"roerc t 12 6 AvindaNo Apndaltaq_. 5 THENCE S 00' 11' 01' E fY'1~ a73 . 107.27 feet to a steai-ptrr"7-end- lenu corners THENCE N 19' 49' 15' to )MO feet to s fonts corner (or ~~O moasrteSoutherly Northeast corner of said Bothwell 26.612 acre . THENCE S 00' IS' 12' to with a fence 1019.12 feet to a fence corner for the Southeast corner of said Bothwell 26.612 acre tracts said corner being In the North line of said Hefnsr 29.79 acre tracts THENCE N Its 11' 12' E, with said North line of said Hefner 29.19 acre tract passing a 1-inch iron pipe at 200.00 feet by description being the Southeast corner of a certain 16.1 sore tract deedei by Mrs. Nora Whyburn to M. M. Smith on February 12, 1911, and recorded in Volume 105, Page 715, Deed Records of Denton County, Tealel continuing In all a distance of 106.07 feet to the PLACE Or BEGINNING and containing $7.017 acres of land. Page 2 of 2 waA 611-015 September 210 1911 Ss' ~ .~nl rD DV PM.T1'T IT WTaT+ f Arr,daNo ATTACHMENT 6 Ago.ldahm Minutes Planning and Zoning Commission D1 March 24, 1993 The regular meeting of the Planning and Zoning commission of the City of Denton, Texas was hold on Wednesday March 24, 1993, at 5.00 p.m. in the council Chambers of City Hall at 215 East McKinney Street. PRESENT: Chairman Engelbrecht, Mike Cochran, Richard Cooper, Katie Flemming, Ivan Glasscock, Mary Evelyn Huey, and Melvin Willis ff ABSENT: None PRESENT FROM STAFF: Frank Robbins, Executive Director of Planning I and Development) Karen Feshari, Urban Planne1 Owen Yost, Urban Planner; Mike Bucek, Assistaot City Attorney; Cindy Cranford, Secretary. Chairman Engelbrecht called the meeting to order. 1. Consider approval of the minutes of the regular meeting of February 24, 1993. Mr. Cochran moved to approve the minutes of February 24, 1993 as corrected. Mr. Glasscock seconded the motion. The motion carried unanimously (7-0). IIa. Case Z-93-005. Hold a public hearing and consider the LJ rezoning of a 299.9 acre tract from the Planned Development districts No. 91 rind 92 to the Commercial district (c], with conditions, on property located south of Loop 288, east of Interstate Highway 35 East and generally north of Mayhill Road. STAFF REPORTI The staff report was given by Karen Feshari. Ms. Feshari noted that fifteen letters were sent to notify property owners of the re-zoning. Two responses were received, one in favor and one in opposition. (staff report attached) Ms. Feshari said that in addition to omitting the permitted uses, Staff recommended the following changes under Conditions and Restrictions for "C (o]"% 1. Delete condition one which reads, setbacks along Mayhill Road shall be 25' from existing right of way of Mayhill Road. AgvdaNo _ Aggd2{tear !e d1' 119 P & 2 Minutes March 24, 1993 ,t✓~c~ Page 2 2. change condition 2 to read: There shall be a 40 foot setback along Interstate highway 35 East and Mayhill Road with no parking allowed in the first 20 feet. Ms. Feshari said the applicant was aware of the changes and had no problem with them. r Dr. Huey asked if staff had an cgreement with the applicant for the request to revise the conditions. Ms. Feshari said yes, there was k agreed with the request, an agreement and the applicant Gentleman from the audience asked if there would be any additional roads leading to Loop 288, Ms. Feshari said that in the future some modifications would be made on Loop 288 and at some point Colorado Boulevard would be relocated. Gentleman from the audience asked how the emergency vehicles will move to and from the hospital facilities. Ms. Feshari explained that the case was a stral7ht zoning district and staff had not looked at the building plans. discussed duri ofotheiproject.ulMr.oRobbins or the ngineerifor the plan r phase Mr. Wier could possibly address the project, issue that we would deal with unless tit .wast .1 Planned Development district. PETITIONER! John Wier, President of Wier and Associates, 4300 Beltway Place, Suite 130, Arlington, Texas 7601f. Mr. Wier said that he was representing Epic Development Inc. He said he had been working with staff for several months on the zoning, General Development Plan, and Preliminary Plat. Staff was very helpful and professional during the procesf. Mr. Wier said that they were asking to rezone 300 acres on Interstate highway 35 and Mayhill Road. Colorado Boulevard is ' in place but not open to the public. The property is on both sides of the railroad track. The tract is located in a Southern Urban Center of the Denton Development Plan where high usage and economic development is encouraged. Wier and Associates was originally involved with the tract of land in 1903-1985. The infrastructure. The dl developer developer pneveru able in to hfinishrthe project. He explained that was the reason the utilities and i A y ~ Aljc~ntlaltem_~_~ P & Z Minutes ' March 24, 1993 3n Page 3 C/ roadways were in place but had not been iormall.y accepted by the City. Epic recently purchased the property. Under their 1 ownership and control it should allow something productive to happen with this tract of land. Epic would be bringing the streets and utilities up to standards so that they can be accepted by the City. Then the development would begin. initially Epic would be doing their anchor development, which will be Denton Regional Medical Center on 50 acres. Once that has taken place it would be a great attraction for other i economic development both within the development and other surrounding property. To accommodate the location of the hospital the existing Colorado Boulevard would be realigned and reconnected back into Mayhill. There would also be some right or way dedicated along Mayhill Road. The right of way should be sufficient for the Highway Departments plans for Loop 288. Mr. Wier explained that they were asking for a Commercial district (c], with restrictions, to assure a high quality development. Many of the uses that would bt, permitted in a standard zoning district have been eliminated. All conditions as laid cut by staff have been agreed to. Mr. Robbins asked Mr. Wier if he would like to address the question from the audience. Mr. Wier said that the old intersection of Colorado and Mayhill would be the closest access to the emergency room area of the facility. The main traffic would come from interstate 35 to Mayhill Road and to a section of Colorado Boulevard. Mr. Wier said that a favorable determination of the case would be appreciated. i IN FAVORi Allan McMillan, Chief Operating Officer for Denton Regional Medical Center, 4405 North Interstate 35. Mr. McMillan said that he appreciated the opportunity to present the request to the Commission. They would like to ask for favorable recommendations from the Commission. IN OPP08ITIONt None STAFF RECOMMENDATIONI Ms. Feshari said that staff recommended approval of Z-93-005 with conditionss 1. Eliminating the list of permitted uses 2. Delete item #lA 3. Change item VA to include Mayhill Road f an Ageadalfenl [kds ° - 3 P & Z Minutes ✓ ~d March 24, 1993 Page 4 Mr. Engelbrecht as,ced if item C, under permitted uses had been deleted. Ms. Feshari said yes, it had been deleted. Chairman Engelbrecht closed the public hearing. Dr. Huey asked the impact of the deletion of "C" in the conditions. Mr. Bucek said that the list of uses could be on 300 acres, but the way our zoning works the uses on the list are already allowed in a Commercial district. What the staff is doing is listing the things that can not be done. Those things are listed in item B. Mr. Willis said that he was pleased that Epic chose Denton for a facility like the one proposed. Mr. Willis made the motion to recommend Z-93-005. The rezoning from Planned Dovelopment districts No. 91 and 92 to the Commercial district (e) with conditions as staff recommended. Mr. Cochran seconded the recommendation. The motion passed 6- 0, with one abstention. Mr. Cooper abstained. IIb. Consider the General Development Plan of 299.9 acres owned by Epic Development. STAFF REPORTI Staff report was given by Owen Yost. Mr. Yost explained that the 299.9 acres was the same land that was discussed in the previous case. The applicant is Epic Development inc. The land is located generally Northwest of Mayhill Road on either side of the M K and T right of way and Colorado Boulevard. Colorado Boulevard is not open to through traffic. Colorado boulevard will have to be relocated to the North. There is a proposed relocation of the TMPA easement which will coincide with the re-alignment of Colorado Boulevard. The realignment will cause the relocation of several intersections along 288 and Colorado as discussed earlier. Approximately 16.1 acres of right of way is proposed to be dedicated. The purpose of the General Development Plan + 1. To give the Planning and Zoning Commission an opportunity to look at the proposed major street patterns and thoroughfares 2. To look at land uses 3. Judge any impact on adjacent uses J jtwpdoce\ord\pd-com,o a ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT ZONING DISTRICTS NO. 91 AND 92 TO COM- MERCIAL (c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR APPROXIMATELY 300 ACRES OF LAND LOCATED SOUTH OF LOOP 288, EAST 01' I-35 E AND GENERALLY WEST OF MAYHILL ROAD; PRO- VIDING FOR A PENA,~TY IN THE MAXIMUM AMOUNT OF $2,900 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ypic Development, Inc. has applied for a change in zoning for approximately 300 acres of land from Planned Development Districts No. 91 and 92 to Commercial (c) district classification and use designation with conditions; and i WHEREAS, on March 24, 1993, the Planning and Zoning Commission recommended approval of the requested change in zoning; and 1 WHEREAS, the City Council finds that the change in 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 approximately 300 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by refer- ence, is changed from Planned Development Districts No. 91 and 92 to Commercial (c) district classification and use designation with conditions under the comprehensive zoning ordinance of the City of Denton, Texas. SECT ON II. That in accordance with Section 35-123 of the Comprehensive Zoning ordinance, the use of the property shall be subject to the conditions listed in Exhibit B, attached hereto and incorporated into this ordinance by reference. SECTION 111. That the City's official zoning map is amended to show the change in zoning district classification. 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. ' 8E5~TI9lLY• 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 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. I A~Blfda~JO w1~'.3 - O/.~ i llelrL Agenda we '4 y~ 3a PASSED AND APPROVED this the day of , 1993. 1 I 1 BOB CASTLEBERRY, MAYOR i i ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: At' lf,,e~q~ 1 i { PAGE 2 , II EXHIBIT A AwdaNO "_l~ ••.O/3 Agcnda1tqq LEGAL DESCRIPTION TRACT 1 < PROPOSED 20NINCt "C(c)" ..~G~, /ve BEING 242,8 acres of land locat€d in the J. S. Taft Survey, Abstract go. 1256, the J. White Survey, Abstract No. 1413, the , Daniel lambert Survey, Abstract No. 784 and the M.E.P. i P.R.A. Co, Survey, Abstract No. 950, City of Denton, Denton County, Texas, being all that certain tract of land described as Tract I In deed to Epic Development, Inc., recorded in Volume 3245, Page 699 of the Real Property Records of Denton County, Texas and all of Colorado Boulevard, Southern Hills Boulevard and Mayhill Road as shown by the plat recorded in cabinet F, Pago 125 of the Real Property Records of Denton County, Texas and being more particularly described by metes and bounds as followat ' BEGINNING at the Northwest corner of the J. white Survey, being the westerly Northwest of said Epic tract described in deed mention above and the Northeast corner of Lot 10, Block "A", Golden Triangle Mini-Mall Addition, an addition to the City of Denton, Denton County, Texas as shown by the plat recorded in Cabinet F, Page 373 of the Real Property Records of Denton County, Texas! THENCE N 89143129"E, 585.63 teat to a corner of said Epic tract) THENCE N 01'02157"W, 396.78 feet to the most northerly Northwest corner of said Epic tract, lying in the Southwest right-of- way line of the Missouri, Kansas and Texan Railroad (a 100 foot wide right-of-way)) THENCE along the Southwest right-of-way line of said Missouri, Kansas and Texas Railroad and a Northeast boundary line of said Epic tract as follows S 41024115"E, 2153.68 feet to the Beginning op a curve to ~ the Leftt '.1 SOUTHEASTERLY, 724.51 feet along said Curve to the Left, having a radius of 1960.17 feet, a central angle of 21010139" and a chord bearing S 51'59034"E, 720.40 feet to the most northerly Northeast corner of said Epic tract, lying in the West boundary, line of a tract of land described as Tract "B" in deed to E. P. Jacks, recorded in Volume 1386, Page 377 of the Real Property Records of Denton County, TeXa8; THENCE S 01'35'52"W, 962.74 feet to a 5/8" Iron rod found at the Southwest corner of said Janke tract, being a corner of said Epic tract; THENCE N 88'42150"E alcng a North boundary line of said Epic tract t and the South boundary line of said Jeake tract 1758.51 feet to a railroad iron found at a corner of sold Epic tract, being the Northernmost corner of a tract of lend described in deed to the 1st State Bank of Denton, recorded in Volume 2890, Page 20 of the Real Property Records of Denton County, Texas; t THENCE 5 00'53118"W along an East boundary line of said Epic tract and the west boundary line of said let State Bank of Denton tract, 1099.14 feet to a 1 1/2" iron pipe found at a corner of said Epic tract, being the Eouthwest corner of said let State Bank Denton tract; { THENCE S 89'11135"E along a North boundary line of said Epic tract and the South boundary line of se id let State Bank of Denton tract, 633.61 feet to a 1/2" iron rod found in the North right-of-way line of Mayhill Road; 1i J EPIC DEVELOPMENT PAGE I OF 4 WcA 192-039 FEBRUARY 18, 1993 { I EXHIBIT A n TRACT 1 (CONTINUED) Aoond3N0.,_~~f~ X1/,3 A~ondatlem ~'_~~H THENCE S 55'17021"W along the North right-of -wa)+~~ ine of said ~2 Mayhill Road, being a Southeast boundary lens n-saki- 2II tract, 188.71 feet to a 1/2" iron rod founds "2 I t v~ THFNCF S 37'36006"W along a Southeast boundary line of said E c tract, 184.27 feet to a point? THENCE S 33'20'05"W along a Southeast boundary line of acid Epic tract, 56.74 foet to a point in the South right-of-Gay line of Colorado Boulevard (an 80 foot wide right-of-way), being at tha Beginning of a non-tangent curve to the Right, being the Northeast corner of a tract of land described in deed to Andrew Corp., recorded in Volume 3047, ?age 767 of the Real Property Records of Denton County, Texas? THENCE SOUTHWESTERLY along the South right-of-way line of said Colorado Boulevard (an 80 foot wide right-of-way), a South boundary line of said Epic tract and a North boundary line of said Andrew Corp. tract, 16023 feet along said non- tangent Curve to the Right, having a radius of 540.00 feet, a central angle of 17000105" and a chord bearing S 77132119"W, 159.65 feet to a cutback corner at the intersection of the South right-of-way line of said Colorado Boulevard and the East right-of-way line of Mayhill Road (Loop 288, a 120 foot wide right-of-way): THENCE along the East right-cf-way line of said Mayhill Road (Loop 288, a 120 foot wide right-of-way), the East boundary line of said Epic tract and the West boundary line of said Andrew Corp. tract as follows? S 45'25119"W, 22.50 feet to a points S 04'00137"W, 432.95 feet to the most Southerly corner of said Andrew Corp. tracts THENCE s 14143114"W along the East boundary line of said Epic tract, 909.05 feet to a 1/2" iron rod founds THENCE 5 89146049"W, 72.44 feet to a right-of-way monument In the North right-of-way line of Interstate Highway No. 35-E (a variaW a width right-of-way), being a corner of said Epic tract: THENCE along the South boundary line of said Epic tract and the North right-of-way line of said Interstate Highway No. 35-E (a variable width right-of-way) as follower N 49'55128"W, 802.96 feat to a 1/2" iron rod founds N 53'31128"W, 94.06 feet to a 1/2" iron rod found; N 49'161074W, 511.31 feet to a 1/2" iron rod found; S 62018128"W, 44.20 feet to a 3/4" iron rod founds N 49058153"W, 1372.57 feet to a 1/2" irun rod founds N 51100100"W, 2220.10 feet to a the Beginning oi a curve to the Rights NORTHWESTERLY, 87.29 feet along said curve to the Right, having a radius of 11,309.;.0 feet, a central angle of 00.26132" and a chord bearing N 50150144"N, 87.29 feet to tho End of said Curves N 45'17'00"W, 99.20 feet to the Beginning of a Curve to the Right: EPIC DEVEL40PMENT PACE 2 OF 4 WiA 192-039 FEBRUARY 18, 1993 EXHIBIT A Agenda No 2 0/3 TRACT 1 (CONTINUED)!"- Aprntla119ttYy"tr~--..i,~7~~'~ ~ A NORTHWESTERLY, 90.00 feet along said C$tiPh,.tx ~h~8ight,J having a radius of 11,299.20 feet, a central angle of 00.27'23" and a chord bearing N 49'19031"W, 90.00Pek A0_ the End of said Curve: - fy/~el N 29'30'U011W, 179.38 feet to a point? S 02'17'57"W, 77.25 feet to the Beginning of a non-tangent Curve to the Right: 1 NORTHWESTERLY, 74.21 feet along said non-tangent curve to the Right having a radius of 11,299.20 feet, a central angle of 00'22135" and a chord bearing N 48'38131"W, 74.21 feet to the End of said Curvet i N 53'45140"W, 99.20 feet to the Beginning of a Curve to the Right? NORT1-tESTERLY, 139.59 feet along said Curve to the Right, having aradius of 11,109.20 feet, a central angle of 00.42 26 " and a chord bearing N 48'02053"W, 139.59 feet to the End of said Curvet j N 47'41040"W, 136.70 feet to the Southwest corner of tald Epic tract, being the southeast corner of Lot 1, Block 1, Pace's crossing, an addition to the City of Denton Denton County, Texas as shown by the plat recorded, in Cabinet E, Page 372 of the Real Property Records of Denton County, Texast I THENCE N 49.18136"E, 481.35 feet to a cvrnor of said Epic tract and a corner of said Lot 1, Block 1, Pace's Crossings l THENCE N 02'17155"E along a West boundary line of said Epic tract, 318.35 feet to the PLACE OF BEGINNING, containing 242.8 1 acres of land. I 1 { i i 1 PAGE 3 OF 4 EPIC DEVELOPMENT WiA 192-039 FEBRUARY 18, 1993 EXHIBIT A Awnffe E~ LEGAL DESCRIPTIONt~9. TPACT 2 PROPOSED ZONING; BEING $7.1 acres of land located in the J. S. Taft Survey, No, 3256 < I CitYroftDenton, entontCOuntyWhit0 su brvOYo eingAbstract No. 143n. tract described as Tract II in deed to Epic Development, Inc., recorded in Volume 3245, Paga 699 of the Real Property Records of Denton Coonty, Texas and being more particularly described as followsr BEGINNING at the Northeast corner of the J. White Survey, being the most southerly Northeast corner of a,14 Epic tract described In deed mentioned abovel 1 r THENCE S 02022003"W along an East boundary line of said Epic tract 1564 he most Southerly Epic tract, lying in the Northeast right f-waer of e void the Nissourt, Kansas and Texas Railroad (a 100 foot wide right-of-way) THENCE KaalnonsgstahendNTexaorthesaRastiriht-f-wa line of (a 100 foot wide arighteofuway) and the Southwest boundary line of said Epic tract as follower NORTHWESTERLY, 640,40 feet along :central to the Right, having a radius of 1860.17 feat, a central angle of 19'43140" and a chord bearing N 51'16105"W, 637.32 feet to the End of as id Curvet N 41024115"W, 2271.37 feet to a corner of sate Epic tract; THENCE N 01102057"W, 177,00 feet to a corner of said Epic tract, j lying In the Southeast right-of-vay line Loop 288 (a variable width right-of-way)r THENCE along the Southeast right-of-vay line of said Locp 288 (a variable width right-of-way) end the Northeast bourdaiy line of said Epic tract as fallowst N 55'29140"E, 753.06 feet to a point, i N 60'06025"E 34405 feet to the most northerly Northeast corner of said Epic tract; THENCE S 00'38$03"E, 307.27 feet to a corner of said Epic tract; THENCE N 89'49045"E, 328.45 feet to a cornet of said Epic tract; ; 00.35.32" E, 1019.12 feet to a corrntr of said Epic tract; i THENCE N ' 89-13042"E , 806.07 feet to the PL CE OF BEGINNING, containing 57.1 acres of land. I 1 1 FACE 4 OF 4 EPIC DEVELOPMENT WiA 492-D39 1 l~rt t I) 1 1 rCONDITIONS AND RESTRICTIONS FOR'C(c)' AQendaND COMMERCIAL CONDITIONED DISTRICT Agenda llBDT r~ t ,lf 8E4lLE$LtLEPl4.4EVEL MEALIyQ -QR n A. SE BA KS_EQ$BWIEP NSr,£A-49-M4MBU: ✓~O ~/,/.3d I There shalt be a 40 foot setback along IHJ5E and MayhillRoad (luture loop 288)' wRh no parking allowed in the first (hont) 20 feat I B. p~QHI0ITED l~sE~: The following uses, othenvtse permitted in this district, or otherwihe permitted with approved speck use pormlt, shall be prohibited in this conditioned district: 1, Q 1r marv~S3l9_@4I~~74S! e) Community Unit Development b) Trailer Camp or Mobile Home Park 2. €du4al1gnel nlll109nall AnA-SAVE 1_V3€e I a) Cemetery or Mausoleum l b) Halfway House c) Occaslonal Sales 3. ~L1ty.ACCfl4J4fY.4ilAlIlfEd4QICLVee a) Home Occupation b) Radio end Television or Microwave Tower. 4. Recreational end ED1edetnment Uaaa a) Drag Strip b) Falrgrourtd or Exhibition Area c) Go Cart Track d) Rodeo Grounds a) SexuaN Oriented Business Stable, Private Club g) Stable, Commercial Rental h . Stable, Boarding " ater, (xivoln 5, Automobile Service Ussis a) T1re Retreating or Capping 8. Mall and Service TY 0 Urea a) Pawn Stop b) Secondhand Store, Used Furniture or Rummage Sale 7. Agricultural Tyne Uiea , ' a) Animal Pound (Public or Private) , b) Animal Cnnlc, Animal HospAW or Kennel with outside Runs or Pens c) Hatchery, Poultry 8. CcMMarc lotT 92Uat a) Feed Store bIles Maret c) Storage and Sales of Furniture or Appliances outside a building) i d) Trailer Rental or Sales 9. Nolurel Reso Storage or ExAraotion 1 a) Extraction and Storage of Sand, Conchs, Stone, pay, or Gravel 1I 1 W&A rt92-M Page f of 11 March 31. i 9 1 I I I I I I ~C I T Y w C0UNCI: 4 tea, e. C GG0~~~0 Ag"No 9-3 DATE: April 271, 1993 RE ORT TO: Mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY AND FINAL REPLATS OF LOTS 12, 13 AND 14, BLOCK B, OF CANYON LAKE ESTATES: INTO LOT 12R I I RECOMMENDATION: The Planning 6 Zoning Commission recommended approval, by a 7- 0 vote, at its March 24th meeting. SUMMARY: The 6.1-acre site is located on the east side of Canyon Road, approximately 2167 ft. north of Milam Road (F.M. 3163) It is currently undeveloped. The landowner wishes to construct a single-family residence on the site. The current locatic%rs of interior lot lines, and a drainage easement, interfe..j with the preferred location, however. No perimeter paving or sidewalk is required, since the site is over 8000 ft. from a City of Denton water line. A concrete-lined pilot channel in the proposed easement does not bear a reasonable relation to the proposal, therefore is not recommended by the Commission. BACKGROUND: The property is located in the extraterritorial jurisdiction (ETJ), therefore is not zoned. Services and facilities, including water (from the Bolivar Water Supply Co.), and solid waste, are available. A septic sewage disposal system is planned. The replats do not conform to the minimum requirements of the Subdivision and Land Development Regulations but, if the pilot-channel lining requirement is omitted using Sec. 34-1111 the replats can be approved. PROGRAMS. DEPARTMENTS OR GROUPS AFFE TF_a: None. I I Agenda No. - Q1 3 Apendaltert~5_._._S~~` FISCAL IMPA~T• None. Respectfully submitted: Prepared: y~ ( L1 d V. Harrell City Manager G. Owen Yost, S12N Urban Planner Approved: Frank H. Robbins, AICP Executive Director Planning and Development ATTACBMENTSs • Location map Preliminary replat Final replat P 6 Z Minutes AXXD0342 f vda Plo 93 -C! 3 _ ATTACHMENT 1 AasadaI lem Z"25 fl 3 D318 ~.a~7.~- /Ja '-93.007 Canyon Lake 3 O NORTH l i Sl,ri ifII 1 C 1 I I I~ IU I r r ~ r ( r~ Date: 3118/93 Scale: NONE ~'y d b W (60' R.O.W.) c W -------------------C- NYON--RGA-B---- N 00°01'20" 582.00' :113.54' 105 5' U. E. >U. . 0 - 100• BLDG o - N ~5 LINE m o JN Oda, 1~ ~l I o~ y b mom' tic„: a ro x I ~i ~b C v ~ V1 cn O O ' m N U) ( i I y ORTH 134.65' D G) A N D b N I d` ~Lb ; n oo LA on 1 W m BLOCK B ~Nx m N o o D o cn m c z n LOT 12R z ~ - S 00 ' 4'00 E •82.00' W O ~ m A lip- -"4r,4 y n m (60' R.O.W.) L m 2156.91' TO tN ------F.M. 3163 00°01'20" 582.00Trn (MILAN ROAD--. 113.54' 105' j 5' U.E. 5' U.E. m °0 m U.E. w zp z 100' Bl a 0 ° n ~ . •G, ~b LINE z ' c n~n mm nm CA a > CA 06. <0o^o2~-e C°D=~ Xa)0 o r NORTH 134.6~ G)o> c /14 z~ z r- am r A D m ^voo r N~ Ac~J+ I~ n m -szD u C)m r ro- zmD N3 a: io N Ln xa~ m~so 0z " o in D I BLOCK B ~o u H Na>n ~ LOT 12R my v, ~50' D.E. IN .I ~ I w- 140- co w s 00004'00 E 82.00' A w h~ CURTIS N. HUGE5 610 MALLARD ROAD ~a i 0 SANGER. TEXAS 76266 i I Agendal►sr2 ~_.s!d P & Z Minutes ATTACHMENT 9 h March 240 1993 i Page 12 ` Mr. Cooper moved to approve the final plat of Lot 1, Block A, Lone Star Par 3 Addition with the conditions. Mr. Glasscock seconded the motion. The motion carried unanimously (7-0). VII. Consider the preliminary and final., replats of Lots 12, 13 and 14, Block B of Canyon Lake Estates into Lot 12R. STAFF REPORTS Staff report was given by Owen Yost. Mr. Yost i ' explained tha the plat took in 6.1 acres on the East ,ide of Canyon Road and presently consists of three (3) lot.,. The j three (3) lots are under the same ownership. The property has a 50 foot drainage easement which will have to be relocated as shown on the final plat. The applicant intends to combine three (3) lots into one (1) large lot and build a home and possible other amenities. Mr. Yost said that because it was a proposed final replat with residential character and would have to go to Council with the Commission's recommendation. He said that the applicant was proposing a septic system which would be adequate for that area. Before the system could be installed it would have to be licensed and inspected by the Municipal Lab. The water would come from the Bolivar Water Company. A reasonable nexus also existed on this case. Regulations would require that the now 80 foot drainage easement have a concrete lining. There was no reasonable relation between the concrete lining and the proposed use and character of the area. Therefore, staff recommended that the concrete lining not be enforced. Mr. Yost said that the replats do not conform to the minimum requirements of the Subdivision and Lana Development Regulations but, if the pilot channel requirement is omitted using Sec. 34-111, the replats can be recommended. Mr. Glasscock moved to recommend approval of the preliminary and final plats of Lots 12, 13, and 14, Block B, of Canyon Lake Estates, into Lot 12R. Dr. Huey seconded the motion. The motion carried unanimously (7-0). VIII.Consider amending the plat to Lots 10, 110 and 12, Block H, Forrestridge Addition - Sec. 3, into Lot IOR, 11R, and 12R. STAFF REPORTS Staff report was given by Owen Yost. Mr. Yost explained that the three owners in Forrestridge, on Oak Forrest Circle were the victims of an errant survey. With the errant survey, one of the homes did not have the proper setbacks from the assumed lot lines. He explained that the i :'zVOVNC T V I L 1 i j'iris 1 #itt«i IIIIi: I~#*t r ar. it :1 X: CS~~' ° a G t s n "1 7. e TIM- G e ~~k G~~~oo0 IMM: 1:17:12 ll y aoeeaaNo '4 +~eaoalt~n April 27, 1993 CITY COUNCIL AGENDA ITEM T0: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: CONSIDER APPROVING AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 26 OF THE CODE OF ORDINANCE TO ESTABLISH A STORM WATER DRAINAGE UTILITY SYSTEM. RECOMMENDATION: The Storm Water Advisory Committee, the Public Utilities Board and the Staff recommend approval of an Ordinance establishing a Storm Water Drainage Utility System. SUMMARY/BACKGROUND: In December 1990 the City Council established a 8 member broad based community Storm Water Advisory Committee for the purpose of reviewing and evaluating whether the City of Denton should establish a Stormwater Drainage Utility. The Committee studied the issue for approximately one year and concluded and recommended that it was appropriate to create a Storm Water Drainage Utility, A public hearing was held on August 180 1992, and after deliberation the Council voted to table the issue. Adopting this ordinance will fulfill the necessary legal steps in officially creating a Storm Water Drainage Utility System. This action will allow the Council the flexibility of funding some or all the functions of the Storm Water Drainage Utility from Utility fees rather than ad va)jrem taxes as it is presently funded if they so desire. A public hearing and a special Storm Water CounciledecUtility Fee ides to take rtheanext wstep and required nd he iStorm Water Drainage Utility by a fee rather than ad valorem taxes. I I I AU0001C3.427 1 J AAanda No ~3 - o /.3 Agandalfeal.__~S yC Rite CITY COUNCIL AGENDAa APRIL 27, 1993 PAGE 2 The approval of this ordinance will be an indication to the Staff, of the Council's general policy direction to move the funding from ad valorem taxes to a Storm Water Drainage Utility Fee. If the ordinance is approved, the Staff will begin the necessary work to identify and bring forth the issues on which the Council will need to decide uponiin order for the staff to develop the technical information on which to establish the fees. 1 ~I If the Council disapproves this Ordinance, the Staff will assume that the Council desires to continue funding all present functions and future EPA mandated requirements of the Stormwater Drainage Utilities from ad valorem taxes. FISCAL IMPACT: This will be determined by Council action at a later date. Preliminary reviews have Indicated that the present ;7500000 ad valorem tax supported Storm Water Drainage functions could be financed with a residential fee ranging from $1.00 to $3 - $5/month with an average of ;1.50/month and a commercial fee of $14 to $19 acre per month. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Ad valorem taxpayers, all properties in Denton. Respectfully submitted, o{ CJ L1 y~l V. Harrell, City M agar Prepared by: R. . Nelson, Executive Director Department of Utilities AUU001C3.427 I Ji\WPD0CS\AES0\ST0RM.WAT AQMGi NA -0/0 Apend~lt#-` Otto - ~ RESOLUTION NO. A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF DENTON REGARDING THE ESTABLISHMENT OF A STORMWATER UTILITY; AND PROVIDING AN EFFECTIVE DATE. established S as by he edatee by from which Congress, Environmental 1994 has been Protection Agency must include cities of the size of Denton under the purview of the federal stormwater regulations; and WHEREAS, pursuant to those regulations, the City of Denton will be asked to davelop a comprehensive plan as to how Denton as a community proposes to manage stormwater pollution and then implement the approved plan; and WHEREAS, other communities which are already subject to the Environmental Protection Agency regulations have found that the costs to comply with these new regulations regarding stormwater are substantial; and WHEREAS, current City of Denton costs for stormwater drainage are estimated to be approximately $373,000 per year for operation and maintenance expenses and $376,000 for debt retirement purposes; and WHEREAS, the City of Denton finds it difficult to equitably fund current and future stormwater charges because of the large amount of tax exempt property within the community which does not help pay the cost associated with stormwater but which represents some of the largest generators of stormwater runoff; NOW, THERE- FORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECT_ ION I_ That the City Council has determined that a storm- water utility should be created as provided for by ordinance and that a stormwater utility fee should be implemented at some time in the future. I SECT-- iON II That the Council pledges that the following guid- ing principals will be followed before utility fees are assessed against any property within the City: 1• Any fee structure proposed should be equitable between and within the various classes of users; 2. Any fee structure adopted should, to the extent permitted by law, provide appropriate credits for measures which a i I AgendaNo ltenL Agenda (tits.~'a7 - Q~ property owner or developer implements to reduce the amount of stormwater runoff; and 3. The Council shall corduct intense discussions concerning all alternatives regarding the extent of property tax reduction which should accompany the implementation of a stormwater utility fee. SECTION III 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 I BY: APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 BYs r I PAGE 2 y ~ ros. w A~IM1d! Ne - AWda I c a _._.....v G`-4 ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES TO ESTABLISH A STORMWATER DRAINAGE UTILITY SYSTEM; ADOPTING SUBCHAPTER C OF CHAPTER 402 OF THE LOCAL GOVERN- MENT CODE (MUNICIPAL UTILITY DRAINAGE SYSTEMS), DECLARING DRAINAGE TO BE A PUBLIC UTILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 18, 1990, the Denton City Council created a Storm Water Utility Committee to review, evaluate, and recommend whether the City should establish stormwater drainage as a public utility as authorized by Subchapter C of Chapter 402 of the,Local Government Coda, as amended (the Act); and WHEREAS, after careful consideration and deliberation, the Committee recommended that a stormwater utility system be imple- mented; and WHEREAS, the City Council believes adequate stormwater drain- age facilities are essential to protect the public health and safety of the City by preventing the loss of life and property caused by surface water overflows; and WHEREAS, future Federal and State laws and regulations are expected to increase the cost of handling and treating stormwater runoffs and WHEREAS, the City Council believes that a drainage utility system is the most efficient and equitable means of financing and providing for stormwater drainage services and improvements; and WHEREAS, on , 1992, the City Council held a public hearing on the adoption of this ordinance as required by the Act; and WHEREAS, before adoption of this ordinance, the time and place of the hearing and the full text of this ordinance was published at least three times in a newspaper of general circulation in the City, the first publication occurring on or before the 70th day before the date of the hearing as required by the Act; and WHEREAS, no drainage charges shall be levied unless or until the Denton City Council has ordered and conducted a separate public hearing on such charges pursuant to state law; and agenda No _4~3 ;W Ageld alferr~; S_ WHEREAS, prior to the adoption of the ordinance and as re- quired by TEX. LOC. GOVT CODE ANN. §402.045 (b), the City Council found that the City will: 1. Establish a schedule of drainage charges against all real property in the City subject to charges under the Act: and 2. Provide drainage for all real property in the City on the payment of drainage charges, except for property granted an exemption as authorized by the Act: and 3. Offer drainage service on nondiscriminatory, reasonable, l and equitable terms: NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: , 3ECT~ Spry I That the City of Denton Code of ordinances is hereby amended by the adding a new Article VI to Chapter 260 to read as follows: ARTICLE VI. DRAINAGE UTILITY SYSTEM aeo. 26'240, Adoption and Declaration. The City adopts the Municipal Drainage Utility Systems Act (TEX. LOC. GOVT CODE ANN. Chapt. 402, Subchapter C, (Vernon,beuap• 1992)), and declaros the drainage of the City to public utility as authorized by the Act. STION S? The provisions of this ordinance are separable, and 'the not affectvthedvaliditynorpeffectiveness of thesremainder e of shall ordinance. SEC L-- TIiI_ That this ordinance shall become effective immed;ately upon its passage and approval. PASSED AND APPROVED this day of 1992. BOB CASTLE BERRY, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY 9Ys w PAGE 2 Agenda No Agendaltam, Z-5 APPROVED AS TO FORMt l DEBRA A. DRAYOVITCN, CITY ATTORNEY 1 BYs I I J I i I PACE 3 1 f r: f I i 1~ i v 1 , i I it + I t~ I . ♦ M 1 . i. I ~esldaMo ^d CITY COUNCIL REPORT FORMAT AOaQetenrMa I ~ glc TO: Mayor and Members of the City Council c / c~{ 5 FROM: Lloyd V. Harrell, City Manager l/ SUBJECT: Approval of a tax refund to Citicorp "Iortf;n!*e, Inc/ Donald Rea RECOMMENDATION: The Tax Department 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 rode requires the aouroval of the governing body of a taxing unit for refunds in excess of R 500.nn. Citicorp ffortgage has requested a refund in the amount of S 87F.21 because they overpaid Donald Rea'.,;; account :101077'r. BACKGROUND: Ccorp Ffortgage made a payment of S 67A.21 on Dec. 30, 092 and another mortgage company made a payment of S 876,21 on Dec. 31, 11192, resulting in an overpayment of Ffr. Rea's taxes, Citicorp is due a tax refund, PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the account of Donald Rea, FISCAL IMPACT: $ 67621 R PEC ULLY S B 1 TED: TED- r 0 . arre City Manager Prepared by., Name e , c ne rcTo-r- Title Tax Technician Approved: Name ila Jeffers Title T e (41 2633C/3 direr suf. nav.,ti r° Board A. PLICATION FOR TAX REF AND A~ad~ tem~%~ ~ stanaAaW Tag o ii(uszl dale _ if Collecting Office Name: t~ 5 Collecting Tax For: DENTON, 7E/AS i:JOI (axing Units) Address city, state, Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer, IDENTIFICATI N OF PROPERT OWNER: Name'. - Address. DD)VhVtAd ,L Aroue Tx 76261 /3317 Telephone Number (if additional information b needed): IDENTIFICATION OF PROPE FTY: n Description of Prop": _/,/mDSoR rA~'K 1 ~rpCK I Lvr_~ Address or Location of Property a rJ N c~ 33 Account Number of Property:. Q JA I or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount cf Tax Refund is Requested Is Requested Tax Payment Taxes Paid Requested r1. a ~a 1g 42 - a o / 19 S X76•.2 ! 2. t.L , r o F rz~ 19 Z / 19 S s 3 79 / 19 s S Taxpayer's reason for refund (attach supporting documentation): AfA a5 /A-coeki T 1<1 As Q!} ID d V t'Wo /)1o,zr4AGt (lnefloA4lifs /A/ 11KOC. ~lfiCVkP /?90RrbAsr 1S "CLI (fiousdTi~id t Afcuu~ OF TN't oIlERD4 y~xsur [NEY INtuQQtcr~Y /~fAL~. °I hereby apply for the refund of the abov"escribed taxes and certify that the Information I have given on this form is true and correct" /Se : Crrri ecto A)a,erG44r, /Aje_ 1 i 1lLQOrluln.. l+'cf~t/c~'l~r;~~/)?rtka ~ iv.r3~ ?9ce~1f yl~ Iq ~-~Signature-ice soa(3 mo Oate of Appllcatlon for Tar Refund 4L311Z2p_11----------- DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Presiding Officer{a) of Taxing Date Unit(s) for refund applications over $ 00 Amy person who Makes a false entry upon the foregoing retard Shaft Ilia sublWillsonsdlhefofiewlnOpendHM; 1, ImPdl"msnlcf not more than 10 years not less than 3 years and/or a flits of not more than 11,000 of both such 11141 and Imprlsonmsnh 0. confMsmenl In IsM for a form up to I year or a fins not Io sseead 10,000 or both such Ana and ImpAeanmsnl if eel forth in /ectton 37',10, Pend Code. .nuao - CITICORP MORTGAGE, INC. ~i~p 11.85 CINI OUONPCAOY,fST -.....W,•w.al,,.. 51188412 W KbrI .4rrs.a•,. ,r •~r,' No. :,4` f (j' ~4 ! rr1~~ ial'tE ICUF ~1-OWd-UJ 3001tl1 y 0ic 22ro92 r,r _ 27,N2tl UOIIAxS ANJ n! CEnIS QdoaY CITY CGCCECIJH va t` MCILLS. 51 c"''~"O~'?+rc.c[Svc Ev, OENfON, fx ncn;~,r nr.•.vn ,cro~,vr . Jt'•7621 JJuuJ I at1rH 'S1iAA41d, I:Olllc(l~c 91: 1(1 SRC Fr• Y;U 2' 41a64r1 I i Agenda No -013 Agendallent•_ 5 po / lk1e - -5, OCcC t I cc r r V A rt'lAO ~Y, 1 , -IA W3 No 9.3 - CITMORR MORTCA or. JAC. •049 rASIQIIA MONIGAO[ [l CRAY D111UR![M[M1TS vDUCNCR AISy2S DATE 12.2ri1: - PACE $il [str0tl-----rILROY 7 ry' CONTROL OCItR1Ar10M ...._._CTA@ MTr TYoDITV...".eIlr[OICrCTOR--._.--..-------RAOr--1_.___ ft C "*I log, Cap( NAME C0VNT7•tOYkSN1► ell I mc ntY INN[4 Sr YY TEXAS 0000-00120•869 rCNTOMr TN 76!01 00000 Attr [1C CS<•OU[ AMOUNT AN"[ 01 MOAICAOOR N0, rrRt [SC•dIR RAiD IAx ID MUMICR Of00tOtN1 71 12 01 •Sf 111.40 JMU / MARE IMO ! 162011 !0)]001 +o [ - {1711013 816162 3 01 J9t0/fl1 11 1 l O 00 711,12 WILLIAM R IOSMiA[ OOi00 00 ~ 811)110001 t 051000001 5001 11]110 Or 00707•x71 7T-q'017r. -I71.YT-SOIrRT'B AAppumv__. S.- 0600t 10x1[ IT If-01•!t 479,10 -4WS S. POLE 2 WOW t19v001 O 000011001 111 11.11•ft `-631.11 JIAIr11, MOIL - [ 0110001914002 - 00,00100 11[NNa MRI AMIf10N 6rbd2idri17"!T'"iTbt•it---fE~.u3 nANli 0 ~T D~i(ihM`---- __...i os13o3,f'viool----------- 00,00,00 HANNAN [STATE RIDS[ III 1 2Y 11 MOUNT _ .S_. CQ•1Y 000000120 10tALS Y{ 21,421.61 _ r .NI{ I CITItOR► NOR10AOt1 lot. •041 rASULLIA NOHCAOt Mow IrsWR3[F[N71 vmmt1 Prints WE 11,11.u PACT •40 CON10011L OtSCRIR110N 1TA71`ver rf1'S{(r lry-_.r4"ffn""7' % MT1~11V0- I4 COUNTf TAN, Cox 11AA1 cwy-lONk1N]R R,O, 1" 171117 44 TINA$ 0000.01011 .100 Nt471rONr fR 71!71.0111 ~ ACt1 [IQ 1St, qA 4g1A1T NMRt or x0A10A00R U"I N0. fIy [SC•LN► ►All TAX U 0006311913 W 11.01.11 120.10 PAM ISCNrLY0 171001 MA iR17AN'ANtRCr'trC'r-.-__ 7100113 LOf 1 Ilk 11 NONICOM[R/ t0UNT1 00 56300 EMIT IOf4 AAo I//AI Ml10 1 I I I y REPORT FtDR05UW 04/08!93 AT 19 29 O V E R P A V M E N t 5 PAGI ACCOUNT NO. RECEIPI NO NAVE AO DRE SS AMOUNT STATUS OF PAY$ 10199400000 92/04/07-L305 DESTENA, ANDREW V W HICKORY ST 169,77 OVERPAY 02922700000 92104/07.0352 MELTON, FRANCES COUCH LINWOOD DR 331.15 OVERPAY 02304500000 82/04/07-0375 LANDRY. BARRY J BERNARD ST 396.99 OVERPAY 02t47700000 92/04/07-0376 LINDSEY. DAVID A DENTON ST t31, 11 OVERPAY 90134500000 92/04108-0168 SACHER, E C MD 8 ASSOC 1-35 f 13 57.44 OVERPAY 02891800000 92/04/08-0217 HULL, CHARLES LEE WOODHAVEN ST 2.00 OVERPAY , n7ib1176hQ66 92/Q41QR•Q!%77 HEBNER. rkFTr,HEN WISTERIA ST f0I-35 ME " ' 02972700000 92/04/08-0637 REA, DONALD G WOOD HRAMVEN ST 676.21 OVER AAY --0764 74"070--7a f43TT'7-COYt-'tri7fNR 02418400000 92/04/13-0}09 KEYVANSHOKOOHI, HOSSEIN N BRADSHAW ST 1.00 OVERPAY 1 02978400000 92/04/10.0099 LOPEZ, BARBARA PAISLEY ST 332.29 OVERPAY 90218200000 92104/20.0019 THE VILLAGE LAUNDRY W UNIVERSITY 0 199.80 OVERPAY 03386000000 92/04/22-0207 BROWN, MYRNA N LOCUST ST 84.28 OVERPAY 03340000000 92/04125-0086 ALDRICH, ROBERT L BERNARD ST 3.00 OVERPAY 03341800000 92/04/28-0313 SHIFLET FINANCIAL CORP ETAL ELM ST 57.42 OVERPAY 10433400000 92/04128-0363 PPOFF, DENNIS R PENNSYLVANIA D 957.28 OVERPAY 02226600000 92/05101-0409 STAFFORD, CHARLES R 10,00 OVERPAY 08277400000 92/05/01.0507 FOLS7ADT, ROBERT H SR ETUA VIDA E MCKINNEY ST 30,00 OVERPAY 02730900000 92/05/02-0150 KNIGHT, BILLY M RIDGECREST CR 43.53 OVERPAY 03078100000 92/06/03-0328 BEDNAR, LADISLAV F CRAIG LN 423.97 OVERPAY 03142300000 92105/03-0412 POWELL, JAMES 0 CACTUS CA 374,14 OVERPAY 02824900000 92/06/01-0065 MAHON, BERT E CONCORD LN 35.87 OVERPAY 10332100000 92/06/02.0029 ROHN. BRIAN S CHRISTOPHER DR 485.44 OVERPAY 02249100000 92/06/08.0025 LIPSEY. JOE P BELLEMEM1D DR 4.50 OVERPAY 03329500000 92/06/15-0007 HOUSTON, FRED W PRAIRIE DR 0.10 OVERPAY 08250100000 92/06116.0018 MITCHELL, BRUCE M HIGHLAND PARK 0.01 OVERPAY 10878900000 92/06/19.0002 THOMPSON PAUL S W COLLINS ST 37.74 OVERPAY 02450800000 92/08/23.0007 WELLS, DAVID M LOCKSLEY LN 1.81 OVERPAY 02672300000 92/06/24.0017 KNIGHT, JANIE MCGEE W COLLEGE ST 0,01 OVERPAY 08440200000 92/07/01.0007 DENTON AUTO AUCTION W COLLINS ST 3.62 OVERPAY 90754000000 92/07/02-0002 OUAKENSUSH DESIGNS SAN JACINTO 35 0.10 OVERPAY 02254600000 92/07/06.0032 AUSTIN, BENITO LOU LIFE E 5 T 8 BELLEMEAD DR 143.60 OVERPAY 02837500000 92/07/07-0011 WALDROP, JACK E ASPEN OR 264.63 OVERPAY TOTAL Of OVERPAYMENTS 37,700.78 I 0,00 1 1 d I ~w i 1 y,1r T~w~~~~ AMx I+ ~R ~ ~V ~S 11t ~3 ~ . ,'+_v: ~ ~y .r:.. r._. z. ~ Y~':•r. Y%'~:. u a i i I~ Ho Agenda 14 DATE: April 27, W913 d 7 J / EPOR TO: Mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY PLAT AND COMPREHENSIVE PEDESTRIAN ACCESS PLAN OF LOTS 1 AND 2, BLACK 1, DENTON REGIONAL MEDICAL CENTER ADDITION I RECOMMENDATION: I The Planning 6 Zoning Commission recommended approval, by a vote of 6-0 with one abstention, at its March 24th meeting. SUMMARY: The 35.933 acre site is located northwest of Mayhill Road, between Interstate 35 and Colorado Blvd. Currently, the land is undeveloped, and is proposed as the site for a hospital. l Public improvements include: 1 1 ■ hard paving of t1020 ft. of 2411 he median tips in the existing Mayhill Road - the future Loop 288, ■ drainage retention pond with a normal pool surface of 1.910 acres, a approximately 1120 ft. of 4891 drainage pipe, , a approximately 2140 ft. of 8" water line, a six fire hydrants, a approximately 2940 ft. of public sidewalk. The public Pedestrian Access sidewalk as i shown on o the of document. ~sThe public sidewalk will be constructed of concrete, and located within an 8 ft. easement which is to be dedicated via the final plat. It will connect with a private sidewalk system, which is shown on the preliminary plat. The commission, employing Sec. 34-111 of the Subdivision & Land Development Regulations, recommends that the requirement to construct a sidewalk along the current Colorado Blvd. frontage be waived. This recommendation is made since the lightaof the fact thatathisbsecti relation to Colorado utlevard will be relocated. A section of existing 8-inch sewer line will also be relocated. Ili r Agarda No A9erzdalte~Js'r~ C'_ / , ACKG OUND: The current zoning of the site is Planned Development (PD-0911). The specific area of the plat, which is only 7% of the Planned Development, is designated for commercial use. Rezoning to c, conditioned, has been recommended by P&Z. City services and facilities, including water, sanitary sewer, electrical, and solid waste, are available or planned for. Telephone service via General Telephone is also planned for. The plat does not conform to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. However, if the Council determines that there is a "reasonable nexus", per Sec. 34-111, which omits the sidewalk requirement along Colorado Blvd., this item can be approved. pROGRR MS, DEPARTMENTS OR GROUPS AFFECTED: Median landscape development, Engineering & Transportation Department. FISCAL -IMPACT: None 1 fully sub t ed• Prepared: r~- 4Llyd ell V. Harr City Manager G. Owen Yo , SLA Urban Planner Approv fl: I F ank'H; bbbi s, AICP J Executive Director Planning and Development I ATTACHMENTSt • Location map & preliminary plat • P&Z Minutes A000341 I I~ r i r. NN l J!! Cy V C1 a I fff • 4 D ~ e wwe e t J `Z f, / I r( l`r is l+-~~rvs a:i.~i«w r V- A~ w A r m rrxr •a ~ iru.-r ur y ~ ~ ~ / 1;.w' ' 4V'Ni~ • \~t ` 1P 14[i~MMt~iWR,R~i 1T rw / ~ ~ r . ~ { ~ \ ~ Al ~ V r.~m rw~vi ~i v ~ •«i J0 i / s cJ !Yy I r-.- y ~'Ow\ .W'I.r 1,.•OI CONC'l10 Y t l ,,r a for i r.r. ~-c- 'r en:n rc.•lww.rw~e L ~ S • ILOU i ~K r `r \ J/ i 1 _ . 1Ji 0.tat 1 A D -ei~Yl n r &.c W .1 ft Fw ra rws ~ / volt Ltfo KXl -t 'f f' y w'C"^~ f ~I~ti' .wvr.•r rsan• saz y 1 i Vt. ..y__ / 6 1 ~.i.~l.r ~ m VKRITY MAP taw f VAL. r'~~ _ .Fi °.ea°'r.. Ih7ER5 rE Ffl W4Y D, 4 ar r - f DOT I As 2, BLOCK I \ zz. 47 J REGIONAL I 1 Z N d3 1[EDICAI. C$NTICR ADDI STE TIO 'a rr F ~r~ ~ 1~ "I" [f 171 EMS d tN0 HOC, 2D F rK D.ttl [uR.t FiNr, y[•,yt . 4p 1( M t r. G. LAHr ,/Iq.;1 R h0. ' OYO wa,W w, Or D[.'Ow,•Xh-M[OWi., t['" } 1y~ m A M l .A rarv,A A b-'. ® v....glL GLOU►wwlN rt,r[ra r ryr, u,,. n+ «i un .s i 1 i i Ili kendaNo ATTAC11MENT z AgendaE'em 5 ;,~C~ P & Z Minutes March 24, 1993 t}:19__~--?-3 Page 5 Mr. Yost said that the Development Review Committee recommended approval. The GDP conforms to the minimum Sub- division Regulations and Land Development k.-agulations, chapter 34 of the Code of Ordinances. Mr. DevelopmentnPlan. Hey seconded recommend the approval of the General Mr. Cooper asked about the overhead showing the high power line. In the packets it showed the line on the east side of Mayhill Road, but on the overhead it showed the line on the west side. He asked if someone would clarify. Mr. ead lineslon the East side y Nodonephadt ever t f the toe move powe move a high power line. He said that they were the first ever with TMPA. Working out the proper alignment was difficult. To fit the future Loop 288 the line would have to be put on the west side. Mr. Cooper asked if the move had been approved by TMPA. Mr. Wier said that it had been tentatively approved by TMPA. The vote was taken. The motion to approve the GDP carried 6- 0, with one abstention. Mr. Cooper abstained. IIc. Consider the Preliminary Plat and Comprehensive Pedestrian Access plan of 35.933 acres for proposed lots 1 and 2, Block 1, Denton Regional Medical Center. STUFF REPORTS The Staff report was given by Owen Yost. Mr. Yost said when a developer plats land he is required to put in sidewalks along major thoroughfares. At the current stage the developer has the option of submitting for approval a Comprehensive Pedestrian Access Plan. This plan basically gets pedestrians from one side of the other. Staff feels that the plan as shown willldoman adeo the quate job of getting pedestrians from point A to B. The public improvements associated with the plat are. Publc 1. 120 feet of 24 inch drainage pipe 2. Hard paving of the median tips in the existing Mayhill Road (The future Loop 288) 3. A drainage retention pond with a normal pool surface of 1,910 acres 4. Approximately 1120 feet of 48 inch drainage pipe 5. Approximately 2140 feet of 8 inch water line 6. Six (6) fire hydrants A,ga7Qaitere_'S / P & Z Minutes March 24, 1993 r Page 6 7. Approximately 2940 feet of public sidewalk Mr. Yost said that the public sidewalk is in the form of a Comprehensive Pedestrian Access Plan. The sidewalk will be constructed of concrete, and located within an eight (8) foot easement. The Development Review Committee, employing sec. 34-111 of the Subdivision and Land Development Regulations, recommends that the requirement to construct a sidewalk along the current Colorado Boulevard frontage be waived. This recommendation is made since the sidewalk bears no reasonable relation to the proposal, in light of the fact that the boulevard will be relocated as shown in the General Development Plan. The plat does not conform to the minimum requirements of the SubDivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. However, if the Commission determines that there is a "reasonable nexus", per Sec. 34-111, which will omit the sidewalk requirement along Colorado Boulevard, this item can be recommended to the City Council. Mr. Yost said that there are two conditions: 1. Detail A needs to be revised so access to the street can be provided from the GTE easement. The applicant is aware of the problem and is working to correct it. 2. Note #2 should be brought into conformance of the zoning regulation requiring 40 foot setback along Interstate 35 and Mayhill Road With the two conditions, the Development Review Committee recommends approval of the Plat and the Comprehensive Pedestrian Access Plan. Mr. Cochran said that the Commission was being shown a plat showing the existing Colorado Boulevard. Staff said that the direction of the road will be changed. He asked when this change is to take place and should the Commission be looking at the change instead. Mr. Yost said the alignment of Colorado Boulevard would be changed, not the direction. Mr. Yost asked Mr. Wier to address the issue of when it would take place. Mr. Wier said that Epic expects full construction to begin by e arly summer or late spring. The existing power line would be in the can construction. so thatwacy of and Colorado boulevard ecanvbe realigned. A final plat would be brought back for approval by AgcndaNa ~,Q,3_ -O/.3 AgWaliem ' j~ P & Z Minutes March 24, 1993 (y~G Page 7 <l~l the Commission at that time. Mr. Robbins said in response to Mr. Cochran's question. The applicant had already done a great deal of engineering study and building layouts on the property. It had been seen at the staff level and are pretty sure that the change is imminent. Dr. Huey asked which line on the map would be the dividing line between Lot 2 and Lot 1. Mr. Yost said the curving line on the map was the dividing line. Mr. Cochran made the motion to approve the Preliminary Plat and Comprehensive Access Plan of Lot 1 and 2, Block 1, Denton Regional Medical Center Addition, with conditions as recommended by staff. Mr. Glasscock seconded the motion. The motion carried 6-0, with one abstention. Mr. Cooper abstained. Ill. Consider the final plat of Lot 4, Block 1, Loop 288 Centre being a 4.4983 acre tract located on the south side of East McKinney, approximately 280 feet west of Loop 288. STAFF REPORTS Staff report was given by Karen Feshari. (See attached). Ms. Feshari said that no street improvements are warranted as this was a State Highway. A 75 foot utility easement is located to the east of the site. An eighteen inch sanitary sewer line and a 20 feet water line also is available. Fire Flow is adequate. The retention pond will be used for onsite drainage, but may be eliminated when the Texas Department of transportation competes the widening of the barrow ditches along loop 288. The water would drain primarily across lots two (2) and three (3). Those lots are owned by a different party, so permission must be granted by the owner to drain the increased run off across their property. Staff has received the necessary permission from the property owner. sidewalk would also be required across East McKinney Street frontage. Construction or guarantee of the sidewalk would have to be completed prior to plat filing. All drainage improvements must be in place prior to Building Permit issuance. Ms. Feshari said that the Development Review Committee recommended approval of the final plat as it conforms to the minimum requirements of the Subdivision and Land Development Regulations. , a t i3 ~.ke r f i i Na Apdalte~ We ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING i A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERJICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive sealed prcposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and city ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: , SECTION I. That the numbered items in the following numbered 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: i BID ITEM UMBE NO. VENDOR OAT 1489 ALL IBM $ 36,689.00 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 the 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 document3. AcendaNo Aeendaltsm 2 A [r a 45 SECTION III. That should the City and persons submitting ap- proved and accepted items and of the submitted proposals wish to 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 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 amount 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 its passage and approval. i PASSED AND APPROVED this day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Agenda ND.___y Agenda 14 DA3TEc APRUaZ.A993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID it 1489 - IBM FILE SERVER RECOMMENDATION- We recommend this bid be awarded to the lowest evaluated bidder, IBM Ina amount of $36,689.00. SUZY: This bid Is for the purchase of a File Server and display for GIS. bids for both new and used equipment were solicited from eight qualified sources. IBM m This annual cost from IBM Is aintenance cost for tha first year was listed as a portion of the bid award criteria. for dis. When this maintenance cccst is applied O to all used equipment bids Othe neweunitflrom IBM with $0.00 maintenance for the first year becomes the lowest bidder. We therefore recommend the new RISC/6000 model 570 from IBM as the file server for GIS. Data Processing Advisor Board has reviewed this proposal and recommend approval. BACK--- rND: Tabulation Sheet, Minutes from Data Processing Advisory Board. PROGRAMS DEPARTMENTS OR GROUPS AFFECTLT; t and the CIS program. nformatlon Services Division FISCAL IMPACT: This equipment will be funded from General Obligation Bonds account #437-036-0176-9103. Respec u11y submitted: LI Harrell Cl y Manager Approved: ~T Name: uomri~ . Shaw, C.P.M. Title: Purchasing Agent Agenda. 352 BID # tAPRIL 489 PAGE 1 BID NAME FILE SERVER IGLASS£R GROUP I LAKESHORE I DEMPSEY I WORLD DATA I ENCORE I I COMPUTER ERCH I BUSINESS SYS PRODUCTS I OPEN DATE w ti 13, 1993 I I I I I I I I I I ! I # (QUANTITY DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I _I I¢~ I._ I I I I_ I I I I I I I 1 I 1 I I I IBM RISC/6000 FILE SERVER I $29,430.00 I $41,170.00 I $32,925.00 { $31,980.00 I $37,885.00 I I I I I I I f 2 I 1 I COLOR GRAPHIC DISPLAY I $2,412.00 I $4,500.00 $2,400.00 $3,100.00 I $2,885.00 I I I I I i I I I I I I ! I I I DELIVERY - FILER SERV?R I 11, DAY I 10 DAY { 3-5 DAYS 14 DAYS 5 DAY DELIVERY - DISPLAY I k { I ALL IBM I 550 7013-550 I 7013-550 I 7013-560F I 17013 MDL 550 I k I I { I I USED I USED USED I USED I USED I I I I { I I I I I I I I I I I I I I I I I I I I I I I I I I I I I BID / r i 1489 PAGE 2 I I I I I I I I I I { I BID NAME M FILE SERVER I IBM I COMPUTERLAND ENCORE I I I i I I II I I I OPEN DATE o f APRIL 13, 1993 I } I I I } I I I I IQUANTITie I DE;CRIPTION I VENDOR I VENDOR I VENDOR i VENDOR ~ VENDOR I--~ I a~-! I I 1 I I I 1 I 1 } IBM RISC/6000 FILE SERVER I $32,247.00 } $51,302.35 I $31,385.00 { I } I I I I I I 2 1 1 I COLOR GRAPHIC DISPLAY I $4,442.00 I $3,395.79 I $2,885.00 I I I I } I I I I I I I I I I 1 !I I DELIVERY - FILER SERVER I 30 DAY I 59 DAY I 21 DAY I I I { DELIVERY - DISPLAY I I I I I I I I I I I I I I 7013-550 I I I I I I NEW I NEW I USED I I I I I I I I I I I I I I PRICE FIRM FOR I I I I I I I I THRU 4-16-93 I I I } I I I I ONLY I I ~ j I I I I I I I I I ! } I ! I I I I I I I I I I I MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF APRIL 19, 1992 ~ ct 1~ MEMBErRS PRESENT: Don Edwards, kola Lawton, Brian Scott, Robert Minnie and Jim Kuykendall OTHERS PRESENT: Gary Collins and Dave Dickey Don Edwards madp a motion that the minutes of the November 11, 1992 meeting be approved, Brian Scott ucconded the motion and it passed unanimously. Gary Collins explained l.hat due to ESRI's decision to not to continue developing new releases of the ARC INFO software for the IBM mainframe and to concentrate their efforts on the workst,tion platforms such as the Rise 6000s that a disparity has arisen between the software we use on the RISC 6000s and the software we use on the IBM mainframe, Because of this disparity we had gone out to bid for a RISC 6000 file server to take the role we originally intended the IBM mainframe to play. The responses to our lids included both new and used equipment and varied 1n coat from a low of ;31,842 to a high of $54,698. Gary Collins explained that the beat buy appeared to be Lhe new RISC 6000 model 570 from IBM since the City would receive 12 month warranty on the new equipment and would have to pay a maintenance cost $5,376 on all of the other bids. Dave Dickey indicated that all of the benchmark tests that lie could find rated tho model. 570 higher than either the model 560 or model 660 that were bid by the other vendors. Don Edwards made a motion that the Data Processing Advisory Board recommend to the City Council that the City purchase a RISC 6000 model 570 from IBM. Rosa Lawton seconded the motion and it passed 1 unanimously. Gary Collins explained that the RSRI had agreed to trade us a client server type of license for ARC INFO in exchange for the mainframe license for ARC INrU, This client server type of license will provide the City with 16 users licensee in addition to the current 6 licenses already in existence. This arrangement with ESRI will reduce our ;icense maintenance fee by $5,000 this year bringing the annual license cost for ARC INFO to $7,400. ~ Brian Scott made a motion that the Data Procossing Advisory board recommend that the City renew itis annual software maintenance agreement with ESRI, Bob Minnis seconded the motion and it passed unanimously. Gary Collins reviewed the proposed Information Services Department for fiscal year, 1993/94 with the board, Gary Collins explained ' this was just the proposed budget and that wait subject to City Council approval and that not all packages requested would be approved. No action needed for this item none was taken, Tbere being no iiew business the meeting was sdjo~)rned. ~C ITY=- COUNCI: 4 _ 00¢, L: 1 +r ` w Po N 1 O~O °aC~CC G~.OC~ y Agenda I bete ' ~ ORDINANCE NO. J AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for tho construction of public works or improvements in accordance with the procedures of state law and City ordinances; and j WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest i 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: S CT ON 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 OUNT i 1486 ARCHITECr•JRAL UTILITIES INC. $118,394.00 competitive Nbids shallt note constitute acceptance a and approva', of contract between t the above City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice 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 Ill. 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 herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- Agenda No - Agendaltem ilile 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. r' SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. 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. DRAYOVI7CH, CITY ATTORNEY BY: I agenda No cZ;; 3 AgentlaIiem S ~O/j DAT,.4i APRIL 27 1993 ~CITY COUNCIL REPORT +`~l/ TO. Mayor and Members of the city Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID i 1486 - GENERAL CONSTRUCTION AND RENOVATION OF MLK RECREATION CENTER (MOISTURE ABATEMENT) r RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Architectural Utilities Inc. In the total amount of $118,394.00, f SUMMARY: This bid Is for the general construction of moisture abatement recommendations designed by Corgan Associates Architects. The Intent Is to control the high moisture conditions at the MLK Recreation Center facility. The bid price includes the base bid, alternate I and alternate 6 (see letter from Corgan Associates dated 4-7-93 for complete listing of work). The completion date for the project Is July 17, 1993. All work is designed to have minimal effect on the use of the facility and should not interfere with normal activities associated with the recreatlon center. BACKGROUND: Tabulation sheet, Corgan Associates Architects letter dated April 7, 1993. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Park and Recreation Department, MLK Recreation Center and Citizens of Denton. FISCAL IMPACT: Funds for this moisture abatement program will come from Park Bands account )!444-031-PARK-8905-9101. Respect lly submitted: t Lloyd Harr I City Manager Approved: Name: Tom D. Shaw,C.F'.M. Title: Purchasing Agent ~gsnd~.767 Cortea Associates Anchttecta 501 Elm Street, Suite 500 BID TABlrir1T10N Dallas, Texas 75202 a (214) 744.2000 Dale: 6 Apn71993 }I~ Job. 93013.00 lik: G PrnlecL, Marian Luther Ring PecreaUoe Ceely t?wnu: Qty of Denton Cllr of Denton Contract: (IOWralCoostructiom I I Contractor Base Hid Alt. #1 A11. #2 Alt. #3 Alt. 04 AIL #S Alt. 06 Bid Bond Add #1 tv o DBR Construction Com $119,225 S15 511900 $11 $920 $10450 25 x x SOWAVK&t Industrial Constructors $139 700 $34 700 400 fM $1 600 X X SeedstoeeGrou fat S 17 $13000 ft378i3 $57000 sus $20 n.~38 x x Archkedural Mike S97 $ 100 211 $14950 H s1 00 $1433: 50 x x Dick Slice Inc. Alt. #I • Regale under entire bddt& AIL #2 - InmW S mew sump pumps, Alt. 03 • Spray slab kuulatia in a rM space, N Ak. #4 • Subtkwe uphalt board fa 1/4' plywood. b AIL #5 • Replace eahenst fan wick kfg" unit. [2 Alt. #6 • Construct 5 new rent cisterns. v v,, ~ { i PPR-08-1993 15:40 FROM CPR 653-8281 TO 18173824692 P.05 Agenda No Agendaltem_, 7 April 1993 City of Denton Martin Luther King Recreation Center Base Bid • Install french drain around entire facility perimeter. • Add fivetlsdewaterie yllunder southwest corner of gymnasium where arunusuaag veinswet conditio. ' drain flue lift stations to collect and remove water intercepted by new french Rebuild all Wsting crawl sppace sump pumps. Install one additional crawl space sump pump ' Rewire all eldstwl sump pumps in crawl space in rigid aondult. • Rebuild all existing crawl space ventilation Intake penetrations. • Place polyethylene vapor retarder on top of crawl space soil under entire facility. Install concrete curb m courtyard and around electrical transformer slab. • Rebuild all concrete splashblocks and directors. Install concrete downspout discharges as needed. Regrade courtyard planting bed to promote positive drainage away from Install lggutters and downspouts on build' in co • Extend existing downspout discharges as needed and P.:d along east facade. Install self-regulating heat tape on nit cold water supply pipes and all fire sprlnMer pipes in attic space. Alternate No. I • Regrade crawl space soil to ellminate existing high and low spots. • Regrade crawl space soil to locally slope down to each of the 4 sump locations. Regrade crawl space soil to provide improved air circulation throughout entire crawl space. be egr de crawl spate soil to maintain adequate air flow under each Interior floor Alternate No. 6 • Install five additional galvanized meal crawl space ventilation intake ons under p erime beam it the vents along the north wall land 2 new vents along the southwalll. include 3 new rroi~roo~csnua TDTPL APR B 193 15:26 P.05 214 653 8281 P11C£.W5 ti RPR-8@-1993 75 38 FROM CAP 653-8261 TO 18173924592 P,Ci2 4vidaNo Agendaltem _je' ~G 7 April 1493 Mr. Bruce Heuington ~uperiatendent, Facilities Management Qty of Denton, Civic Center 32i East McKinney Denton, Texas 76201 1 Re: City of Denton MLK Center Martin Ltber King Recreation Center I Dear Bruce: We have completed our review of the Bids received on 4/6/93 for the MLK Recreation Center remedial work. Fourandbids were received from Contractors; alI considered qualified able to perform a project of this scope and type, The low base proposal was submitted by Architectural Utilities, Imo. 71ey have successfully bid and completed construction contracts with our firm involving large amounts of underground utilities and earthwork We have enclosed a bid tabulation for your review. In evaluating these proposals, we offer the following: As ou are aware, the scope of this project evolved during des gn pbaso following our initial evaluation. The s'Pecffic the co~nppoocents of the solution initially proposed (to eliminate the problems high ground water is causikt in the ;'salttyy) were modified based on our further detailed field investigations. The following items are identified which changed and added to the scope of the work: 1. Adding dewatering veins under the southwest comer of the 2. Add' ~iadditional gutters and downspouts. 3. Adding planting bed grading. 4• Addd~' concrete water diversion curbs and slabs, x1owsn"°.e "4I"at"'°"' S. ltebu' din the existing air vents. fCa 6. Adding a farger ventilation fan, SW4100 7• Increasing the amount of grading under the building. Prat,, in„ 77J67 aflt Td 11NgM itt 714 [171711 ArclM,~enlrt f~O1SS0'Cfrpu,f S/te1►tn,mylMtr~aDety+ Mtrttt 7ltvrnl APR a 193 15124 214 653 6291 pA5B ,002 RPR-p8-1933 W- 15:39 FRCr1 CAA 653-6221 TO 18173824592 P.03 apendaNa ___Q,~ ~Q/.? Mr. Bruce Henington ageadaltem__12S 7 April 1993 ale 2;7-_93 We evaluated the as 'J, 7 remedial work and selected f the all moslocot ponents 'Value )f the t ategy prx n4tiized he oribginBase listed wren "evolution" in items presented to the couna7. p menu of work Based oa our aaaipsis of the bids, we recommend award of the Base Bid of $97, .00, Alternate No. I (regr undo the building) at $18,000,00 and Alternate No. 6, {ins o $118;19 on cisterns at ,95D,Dt). These three items to total S118,394.00 which very chose to 11c City's bud et of Jenow the total In our oppfaion ttls corsbinatioa of items will saefaciorrfly 1180000.00. { accomplish the intended objectives of the phase I program. We k have attached a listing of items included in this reco,-„mendadon for your review. We have discussed this Contractor's bid with him and he feels confident fn his ability to complete the project satisfactorily, we will workffor 6 months afte tco petiom If n eded we will recommend success of the phase I (as previously included in our report) implementation of phase II. We do, however, feel the phase f work will significantly reduce the presence of water under the building. please call if you have any questions. We stand ready to assist the CJ In successfully completing phase I of this needed remediar work, Sincerely, reWave ; Pri ncipI APR 8 '93 15125 214 653 8281 PAM. M3 I - 1 MCITY '--'C UNCL Zzz: moo, ,,o~ f ~o ae ~ W Q ti~ h1C H. ~ ~+OQ~ i 2517L/15&9 ASerrdaWo. ~ C Ago.d_ alt Dole P-4- AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANCE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND CRAC014 CONSTRUCTION PROVIDING FOR AN INCREASE IN THE CONTRAG`lr ; EFFECTIVE DATE. A RO IDING AN WHEREAS, on JULY 21, 1992 , the City awarded a contract for the construction o certain mprovements to PECAN CREEK wASTEWATER TREA4 ENT P .ANT IMPROVEMENTS in the amount 0`f , an .Si4Z.Q9Q,~_ _ . j WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respe:t to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order to the contract between the City and r CONSTRUCTION , a copy of which is attached eret0, in the amount of 'AND ONE HUNDRED , E G o L o ars 71,197.00 , is ere y approve an the expenditure of funds therefor ~s Ttereby authorized. SECTION II. That this ordinance shall become effective imme iate y upon its passage and approval. PASSED AND APPROVED this the day of 1993. BOB CASTiMERRY, MAYOR ATTEST: JENNIFER WAL ERS, CI RETAR APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ppe~ tg ~ i ~'D m A RI27, 199 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FRONT: Lloyd V. Harrell, City Manager SUBJECT: CHANGE ORDER i5 - GRACON CONSTRUCTION RECOMMEDATIN, We of $71* 87N00 toOGra onrCo structiontCo. for therWastewe Wastewater T a tin The amount Improvements contract. ment Plant i SUMMARY: This change order is for (1) $61,237.00 to "Gunite" stabilize the side slop- es of the Diurnal Equalization Basin and (2) $9,950.0o to ,Hydromulch" stabilize the side slopes of the Storm Water Equalizatlon Basin (Total 571,187.00). The Equalization basin is of earthen construction and is composed of two chambers; one for Diurnal (midnight to midnight) flow fluctuation and one to cecommodate inflow during storm events. The side slopes of the Diurnal Equalization basin and the Storm Water Equalization Basin were designed with concrete slope stabilization. The final Engineer's Estimate (Alan Plummer and Associates) for this project indicated this concrete stabilization for these two Equalization Basins would be costly and would exceed our budget for this project of $11,000,000. The concrete stabilization therefore was deleted. However, the low bid for this contract by Gracon Construction Company came In at $8,847,000. With the construction of these Equalization Basins almost finished, the side slopes have experienced considerable erosion after the heavy rains. Continued erosion of soil into the bottom of these Basins will cause a serious operational and maintenance problem when soil gets Into the pipes, pumps and other wastewater treatment equipment. Alan Plummer and Associates has recommended concrete "Gunite" side slope ~I protection for the Diurnal Equalization Basin and "Hydromulching" grass protection for the Storm Water Equalization Basin to solve this problem. BACKGROUND: Executed change order recommendation documents, contractors modific nest, Gracon proposal, Gracon letter date 3-19-93; excerpt minutes for PUB meeting of 4-5-93. PROGkAMS. DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Denton Municipal Utilities, end Gracon Construction Company. 1 CITY COUNCIL REPORT 40endaft - YZ-e13 APRIL 27, 1993 Agendalterrt__~7 PAGE 2 OF 2 FISCAL IMPACT: Alan Plummer ssociates s Estimate ]1 000 000 Original Contract Amount {GraconnConstruction Co.) 8,647,000 Net Increase or Decrease in Contract Amounts: Previous Change Order No. 1 8025.00 Previous Change Order No. 2 9,640.97> Previous Change Order No. 3 Previous Change Order No. 4 $ 2,982.00 This Change Order No. 5 L71,187. 00<$ 4,950.83> Total of Change Orders $53,452.20 Revised Contract Amount . $6,700,452.20 Net Change in Contract Time 0 Calendar Days Revived Contract Completion Time 730 Calendar Days ~ 8 of all Change orders per Original Contract 0.62$ Respect lly submitted: 40ya .Harrell City Manager Approved: me: Tom D, Shaw, E.P.M. Title: Purchasing Agent ago nd a.351 • - T I 1 Agendaltem~ ~1~~_'_• CHANGE ORDER [CO] pacf~ 1 oa 3 Project: Pecan r..er t _ WWTp inmrovementa Proidet Nt!mhn*s Owner: City of Denton, Texas Owners V•10~ ~C~ity} Engineer: Alen Plunsnsr and Aasa i•~. *r Engineer: 457• JaJ_ aAZ) Contractor: raconSonatsuction Cantu ny Contractor:9703- Change Order No: _05 Data: _03/30/93 The compensation agreed upon in thin Change Order is a full, coa:plete and final payment for all costs the Contractor incurs as a result of or relating to this change, whether said costa are known, unknown, foreseen or ' unforeseen at this time, including without limitation, any costs for delay, extended overhead, ripple or impact coat, or any other of fact on changed or i I unchanged work as a result of thin change, S CHANGE ORDER WORK TO BE PERFORMED 1 I ~ - aed Contra~0_ Time Extensio /Dave Amount 3 1, Reference CR 46: J This CHR charges the City for I applying Concrete Ounits to slopes I of the Diurnal Equalisation Basin 0 $61,937.00 7• Reference CMR e3: This CHR charges the city for applying Hydromulch to slopes of the Storm Water Equalization Basin 0 $9,950.00 ~I I TOTAL 0 $71,187,00 I I i Exhibit r Aordg No A,ianbliem ' z CHANGE ORDER [CO] -"p GE 2 OF 3 Original Contract Amount IGracon Construction Co.) S 8,647,000 Net Increase or Decrease in Contract Amounts: Previous change order No. 1 6,125.00). Previous Change Order No. 2 9,640.97). Previous Change Order No. 3 $ 2,982.00 Previous change order No. 4 4,950.83> This Change Order No. 5 S71.117.0 D r Total of Change Orders $53,432.20 f i Revised Contract Amount 56,700,152.20 Net Change in Contract Time 0 Calendar Days Revised Contract Completion Time 730 Calendar Days Percent Change Order per Original Contract Amount 0.621 ATTACHS7: C14R 46, 43 Distribution: 4S7-0425 D,22 457.0420 D.22 Gracon Construction: Joe Graves Ron Janson City of Denton: Dave Liam Purchasing Finance R. 6. Nelson Lee Allison i 1 J~ I I I i Agendaltem._L - CHANGE ORDER [S] G% %3~ P:9: of 3 Aeccoeadad by Ccasultinp Rnyinseri Approved by Cantrector ay ~~e eo- by. S si ~s for alma hoes ! Goa ConstruatLOA Ia . and Associates, Inc. au, -3/31T R 3 Data, 313 ~L3 Approved by uaaa5er of Construction Projsats, sr 67. for City of Denton, Temas Approved by lumehaming AQeat fv~ fom City Of Denton, TOMS Approved by Director of water "LA4esi" mad Operations ~ sy er Cir of Denton, Texas ISO SS,000) Approved anscwtive Director of Utilities sy C ISS0001 sums) far Cltp of Dsatua, Terse Approved by City Council my , City uaa4 9or for City of Dsaton, U=I (1130000 and above) .rp 1 1 1AA.{Jaa~,djKo A~ly~y~. E-'C~!/M~.3. CM VC 'IYIV iY I.Y `/~'V VIGV11 ~ III\~. %q E SE ' CR, :WTTER VF ',E` N flQ r1~~ :RC EC- -SCAN CREi< N4YrP IMPROVEMENTS OWNER 1142 C.-NTRACMR IRACCN VVNS RUCION INC. CONTRACTOR 9243 f 6LNGINEMi ALAN PWMMER AND ASSOCIATES, INC. PCCMA NG;NMq 457-0425 RESICENT REPRESENTATIA CLE'~ MARTIN NO, y 3 NOTIFICATION BY CONTRACTOR: WE ARK PROMNO TO MARE THt CHM09 TO THE CONTRACT CUCRIIWII IN THt ATTACHED YAMM AND REQUEST THAT YOU TAKE THt FO{.LOTMM AOTIONr Q NOTtPY US THAT YOU CONCUR THAT THIS CHANCE DOES NOT REOUVW A CHANCE IN CONTRACT TIME CA AVOW AND ISSUE A MLO ORDER. 'ISSUE A CHANCE ORDER FOR PERFORNINO THE 0950 0 C ANOL CHANOE IN CCNTRACT AMOUNT AND TIME ARE INDTCAM N ATTACHED OCTAUM COST 1A AK0011N AND REVISED SCNEOULL Q ISSUE A CHANCE ORDER FOR THE OMCt= CHANOY MTN PAYMENT AT THE UNIT PRICK SIU. r AUTNO CONTRAC'4R -0 PROCEIS 'MTH THt CHANGE UNOICR TH[ TIME AND YATULN.S PRO THE CCNTRAC7. By. QATrSs WINEER'S RESPONSE: wt R[SPONO TO YOUR R[DUEST AS FLLLoft ❑ WE CONm THAT Tmv IS A NO 003T OR TIME *VIAL 92 ATTACHED P0.'!.D OROR. FOUR PROPOSAL IS RECOMMMOV TO THE oWW, m ATTACKED OHANOE 0MUL ❑ PROCS0 WITH T1K CHANCE AT THE UNIT PRICE SID. SEC ATTACHED CHANCK mm ❑ P t~ TH[ "W9 AND WATER ! ALS PR05AlION! 0/ TH CONTRACT. Zill DATE: 3 3/ 9 3 ACTION TAKENT ❑ PROP0lED CONTRACT YW?IeAnON RI,K=. CONTRACTOR NQMED NOT T PROCTKD. tYt DA' ❑ MID ORDER ISSUED; NO. OAM ..I. r* - ANOC OR eR I==$ NO. ~ DAR; 37T 11N x c: MVO HAII FG~~ y57-Oy2~ D,id rr'~/o p~~d~~P P 0 s'- SENT 3YIXerox Teiecocier 7020 3-11-83 12:15 2142228542- APA UOENTON:a 2 KG4 OY:XOPOM iOIIcoDIOr 102U i J. -9'1 10=4a 817 ZOL 18374 214222O54Zie 3 March 9, 1993 AAerdaNo Rubel's Landscape Services AaerdaiierrZ'' n:,ra e1_, e13 SpeCifleations for establishing of vegetation at Pecan Cr4tK Waste Traa m i~ Plant, 1100 Mayhtll Road, Denton, Tex+es. 1, HYDROMULCHINGt As Said - It is proposed that a seed mixture of 2 to 4 pounds of annual rye grass and 2 pounds of unhulled bernuda grass be apalial per 1,000 square feet of area, 8. Mulch - Cellulose fiber mulch will bo applied at 'he rate of 50 pounds per 10000 square feet. C. Fertilizer - A 16-20-0 or 13-13-13 analysis fertilizer will be applied at the rate cf 20 pounds per 1,000 square feet. 0. Tackifier - A sufficient qvm U ty of tackifies will be used to hold hy- dromulch mixture in place until turf establishim :0 with a minimum of one pound per 11000 square feet, 2. MATERINGi Watering will be the responeibility of Rubal's Landscape Services, A tam- porer? lrripation ay-.teal using aluminum irrigation pipe, will be set up, Rubel s will install end oppeerate the irrlppation systea, until a uniform stand drants locatedtonlthe sits , Well betfurnlshad„by others. fire hp- I 3. MAINTENANCE: 60 fflgWad MAN j4r&:hk:q,~6~11A ale-#nul-~ee~t'4"PM 4. WAPANTIE.- After Orals, growth has started, all areas or parts of areas which foil to show a uniform stand of grass for shy reason whatsoever shall be reseeded as necessary. AyP011oro CONTRACTOR'S mJp iC~TlgN QUEST (CMR) 044NER CITY OF DENTON P-R PROJECT PECAN CREEK WWTP IMPROVEMENTS 01hNER U102 CONTRACTOR GRACON' CONSTRUCTION INC. CONTRACTOR 9203 ENGINEER ALAN PLUMMER AND ASSOCIATES INC. ENGINEER 457-0425 RESIDENT REPRESENTATIVE CLETE MARTIN CMR NO. FKmtsr BY CONTRACTOR; _ U / 7E /Z f _ O TD MAKE THE CHANCE TO 1HE CONTRACT DESCRIBED IN THE ATTACHED MATERIALS AT YOU TARO; THE FOLLOYANO ACTION: THAT YOU OONOUR THAT THIS CHANCE DOES NOT REQUIRE A CHANCE IN CONTRACT OUNT AND ISSUE A FED OLDER ISSUE A CHANGE ODDER FOR PFRFO RMINO THE DOCRISID CHANGE CHANGE IN CONTRACT AMOUNT I AND TIME ARE RNDICATED IN ATTACHED DETAILED COST BREAKDOWN AND REVISED SCHEDULE ❑ ISSUE A CHANGE ORDER FOR THE D v ESCR7o'M CLAN`: PATH PAYMENT AT THE UNIT PRICE BID, ❑ AUTH TRACTOR To PROCEED WITH THE CHAINOE UNDER THE THE AND WATERIALS CONTRACT. - BY. DATE 1~~• ENCIN 'S RESPONSE; WE RESPOND TO YOUR ReOuEsT As FOLLowt ❑ WE CONCUR THAT rNS IS A NO COST OR TIME CHANCE'. SIDE ATTACHED FRU ORDER PROPOSAL JS RECOMMENDED TO THE OWNER SEE ATTACHED CHANGE ORDER ❑ PROCEED LATH THE CHANGE AT THE UNIT PRIf:e BID. SEE ATTACHED CHANCE ORDER. 111111 ❑ 11 VA V T11E CH_ UNDER THE TIME AND MATERIALS PROYMONS OF E TRACT. 1 BY: DATE 43 i ACTION TAKEN: ❑ PROPOSED CONTRACT MODIACA'-jON RE.ECTED. CONTRACTOR NOTIFIED NOT TO PROCEED. BY. ❑ FIELD ORDER ISSUED: NO. DATE BY: CHANCE ODDER ISSUED; No. DATE 3 J/ 93 C _ BY. ? /J y5 7-DYLd 0, /8 !>N9ViF- t/~M 1 J kleadaNo r a Agenda ~terrt _~.5 1 C:. t, Y V v C~1 o we b1AILING ADDRESS: KO.BOX850756.SIESQUHE,TEXA.75185-0756.PHONE: (210222.8513 ' March 11 , 1993 Fez: (214) 222.8341 i Alan Plummer & Associates, Inc. 210 West Sixth Street, Suite 400 Fort Worth, Texas 76102-4803 r _ _ Attn: Clete Martin Re Pecan Creek Wastewater Treatment Plant Denton, Texas Dear Clete: We propose to place a gunite slope protection on the slopes of the diruanal basin as per the following specifications: 3000 psi gunite - 3" thick 6-6-10-10 wire mesh 1-3/8" rebar in anchor trench @ top broom finiah Our proposed cost per sq. ft. is $2.09. The total area on the slopes is 29,300 sq. ft. This price is good for any quantity from 20,000 to 3,000 aq. ft. i Very truly yours, GRACON C STRUCTION, INC. BY R• Janson RLJ/ss STREET ADDRESS: 4343 LASATER. MESQUITE, TEXAS 75181 !r I ~ Alan Plummer A~21(ai18R1_,,. ~ o Janes L, Mstarner, P E r r P hny WCo Cook, P E and Associates Inca Glass ' ENV1Rr,•.ME.\7qL CIVIL EN,L\EE95 Man H Piummo. jr , ! Rahard H Smeh. P E 457.0420 March 19, 1993 Mr. Robert E. Nelson, P.E, Executive Director Denton Municipal Utilities 215 East McKinney Street Denton, Texas 76201 i RE; Pecan Creek Wastewater Treatment Plant Improvements j Equalization Basin Slope Protection Dear Mr. Nelson; o you are aware, Gracon Construction Company is proceeding ahead of schedule with cnswcrion of improvements to the City's Pecan Creek Wastewater Treatment Plant. Construction of both the Diurnal and Storm Water Holding Basins is now nearing completion. With the recent rains, we have observed substantial erosion of the Diurnal Basin slopes resulting In a considerable amount of slit being deposited in the basin effluent channel. This could eventually result in blockage of the effluent line to the return pumps if left unchecked. We recommend that the slopes of the diumal basin be protected to eliminate the erosion by "gunidng" the side slopes of the basin. Gracon has quoted a price of approximately $65,000 to perform this additionrd work, if the work is approved prior to installing the air diffusers in the bottom of the basin. After the air diffusers are Installed, the price would Increase significantly because all work would have to be done from the top of the basin. Initially, we had included concrete paving of the diumal basin slopes as part of the construction project, However, after our final opinion of p obable construction cost indicated that the project might exceed the project budget, and the prurected cost for the concrete slope protection was approximately $200,000, the slope protection was deleted from the project. We feel the pneumatically applied concrete, gunite, is a cost-effective alternative to provide the slope protection necessary and recommend that the City authorize Gracon to proceed with this adcMdonal work, t ffi9IBIT It 210 WeR 6ts1h $trut a Suee 400 4 Fort Wont,, Taus 761024803 a (817) M24085 4 Metro ($171429-9567 0 FAX r417) 3M4626 AgendaNo q3 -D%_-- ' 4 oe0altent S ~~C ' Sir, Roben E. Nelson, P.E. fn~Se_ 93 Page 2 Slarch 19, 1993 7 I, If you have any questions concerning this matter or require any additional infonaation, please let me know, i Sincerely, ALAN PLUMMER AND ASSOCIATES, INC. A. Lee Head, III, P.H. Enclc:ure I ALH,mds cc: Mr. C. David Ham, City of Denton, Texas 1 Mr. Lee Allison, Director of Engineering, City of Denton, Texas Mr. Howard Manin, Director of Environmental Opemdons, City of Denton, Texas Mr, Clete Martin, Alan F summer and Associates, Inc., Fort Worth, Texas 1 ;I 1 I I A9 endaNO Agenda NegJ EXCERPT FROM PUBLIC UTILITIES BOARD MINUTES April 5, 1993 r The following item was consideredt 5. CONSIDER CHANGE ORDER NO. 5 IN THE AMOUNT OF $71,187.00 T) CRACON CONSTRUCTION CO. FOR THE WASTEWATER TREATMENT PLAWe IMPROVEMENTS CONTRACT. Ham reviewed this item. After extensive discussion, Laney made a motion to approve item Al as presented. Second by Giese. All ayes, no nays, motion carries. f I 4 1 pub excerpt 2/03/93 +I I ~.....i. C ITY`f- . -:':COUNCIL If:I.. f I; 2tI ~.t$ I'It - 212 1}St+~.II tI. Mf ft^tI .1. S+I.:. f:2' T 2'f Lt2 I : {I: t22: 22 ~~I• }~T3 7 1 X00 a Ul of 0', to s O e • O )o it 14 4 ilx i ti~ „1\WPD0CS\0RD\NELS0N.0RD - naad~ ue " CY3 5" At ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY KNNAGER TO EXECUTE AMENDMt;T NUMBER ONE TO A CONTRACT BETWEEN THE CITY OF DEN'rON AND ALAN NELSON ARCHITECTS; PROVIDING FOR AN INCREASE IN THE CONTRACT PRIZE DUE TO ADDITIONAL SERVICES RELATING TO THE DESIGN OF IMPROVEMENTS TO THE SERVICE CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 11, 1992, the City awarded a contract for the design of certain improvements to heat ventilation and air conditioning (HVAC) system of the City's Service Center, in the amount of $9,500.00; and 14HEREAS, the City Manager having recommended to the Council that such contract be amended to provide for additional services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Amendment Number one to the Contract between the City and Alan Nelson Architects, a copy of which is attached hereto is hereby approved and the expenditure of funds as set forth in the contract to hereby authorized. SECTION II, That tnis ordinance shall becone effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. bUS CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYt _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYi ,'Oda No V, ' V ~ Agoadal".enz._!~ - ~ AMENDMENT NO. 1 TO AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND ALAN NELSON WHEREAS, or. August 1, 1992, the City of Denton, Texas ("owner") and Alan Nelson ("Consultant") entered into an agreement for the performance of professional engineering services for im- provements to the air condition system at the City of Denton Service Center; and WHEREAS, the City wishes to amend the Agreement to include additional design services; NOW, THEREFORE, j WITNESSETH ARTICLE I. Owner and Consultant hereby agree that the certain agreement executed between the Owner and Consultant on the let day of August, 1992 is hereby amended to revise the following provisions: ARTICLE 10. 10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 11 as part of Basic Services, Basic Compensation shall not exceed $16,000. 10.1.2 Progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Construction Documents Phase $12,000 751 Bidding Phase 800 51 Construction Phase 31200 20% 16,000 1001 ARTICLE 11. 2. Architect agrees to provide services for the completion of the Project in accordance with the terms and conditions of this Agreement and as Eat forth in the Scope of Services attached hereto as Exhibits A and B. In addition, Architect shall evaluate and redesign the pre- sent heating and cooling systems to the first floor, southwest area of the City of Denton Service Center. Upon review and approval of the recommendations by the City, the design will be incorporated into the construc- tion documents for the second floor revision. In case of f I Ajenda No A6esda Ete+n ~ [kAe_~~ a conflict between the language in the Exhibits and the language in this Agreement, the language in the Agreement IIIJJJ;~ shall be controlling, 1 ARTICLE II. In all other respects, the terms and conditions of this Agreement, as executed by the parties on the 1st day of August, 1992 remain in full force and effect. Executed this _ day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DP.AYOVITCH, CITY ATTORNEY I BY. A ti ALAN NELSON ATTEST: I SECRETARY Je\WPDOCS\K\NELSON.AMD PAGE 2 DATE: APRIL 27, 1993 CITY COUNCIL REPORT AoondANo 93-D/3 Agendaltent ~'S t~ y _ 7 TO: Mayor and Members of the City Council - FROM: Lloyd V. Harrell, City Manager if T SUBJECT: PURCHASE ORDER A26833A - ALAN NELSON ARCHITECTS CONTRACT REVISION #1 IN THE AMOUNT OF $6,500.00 RECOMMENDATION: We recommend the purchase order #26833A and the contract for Architectural Services to Alan Nelson be revised and approved in the amount of $16,000.00. SUMMARY: This purchase order and contract are for architectural services to design renovations to the Heat Ventilation Air Conditioning (HVAC) System at the Service Center. The original contract was in the amount of $9,500.00 and signed in August of 1992. Since that time the project has been expanded to include addition requirements and to adjust for relocation of walls and offices. The $6,500.00 contract revision is to compensate for these additional services. The original contract was for less than $10,000.00 and therefore not presented to Council for approval. The contract and contract revision are for professional services and exempt from the bid process. The new total exceeds the $10,000.00 limit and requires Council approval. { BACKGROUND: Purchase Order #26833A, Contract Revision, Price Quotation from Alan Nelson Architect and Memorandum from David Ham, Manager of Construction Projects. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Utility Administration, Service Center Employees. FISCAL IMPACT: Funds for this project will come from 1992-93 budget funds Utility Administration Building Maintenance #610-080-0250-8301. /R4d. y suLltud: , Lia/rrell City Manager Approved: Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent ~penda. lS) , y . 1111J N h ' CONFIRMING ORDER XxX PURCHASE ORDER NO: PC 26833A (IF MARKED) This numbor must appear on all DO N01 DUPLICATE -l s, boxes, sips, cases, tinns, bones, packing skips and We Req 140, ad 1`40. Date' 63 06 93 Page 01 IJDOR PURCHASING OWWON / 9018 TEXAS STREET I DENTON, TEXAS 7620r ME/ ALAN N2LSON aflw)71000FwmeIrHoew2v0042 FAX$11,1382 46 92 )DRESS 502 1( OAK DELIVERY CONFIRMATION ONLY C18 ADDRESS UTILITY AOMINISTkATIOFI DE NT ON TX 762 u1 2I5 E kCKINNEY ST / 85 7-56 6- 0 260 DENTON TX 74L20 1 I I VENDORNO NEL50000 DELIVERY QUOTED 03 20 S3 FOB OLSTINATION TERMS 0,01 65uJ.,luJ EA VcINOUH (.Ale M N / A meG NAME 1.000 6.500.UJ CITY a 2595 ARCHITECTURAL & ENGINEERINGSEkVICES FOR R:NOVATION OF SERVICE CENTER AIR CONDITIONING AND HEATING SYSTEMS PAGE TOTAL S . a •6J pl 61%o tjd~o .I.Sv:i 6341 0.5U0.uU RAND TOTAL 9 00600 E 3 urms k I 1011h iN aultur wrc Rnu R 1 ~ ` Id l II I00Hn JmJ invrixx w ~Vdl t dlcale co{Iy 4 pp l 1 A l aid I L J f 9.II v III r I rip ~I~ I m,,k ;a ulh:a wlsu nlx0,J; T4gmrriIH, 1A mluIIV - IKhII19 . On IT t~shnul Y b h dll ICE hLKIn1>, ))nun F~vt ha-anq T)nlsinn pp ~~nnr~{{~, ffggm~ HANGS dRDER/CONTRACT REVI'~SS~ON' f CITY OF DENTON , TEXAS OWNSR ~ , / p DSSTRZgUTED TGe Cc'~/ OWNER CONTRACTOR { BID # P.O. # 26833A CHANGE ORDER # 1 PROJECT: SERVICE CENTER NVAC DATED: 3-16-93 CONTRACTOR: CONTRACT AIJ~N NELN ARCHITECTS DATE: 8-1-92 ~i ~I S07 V [1A1[ DENTON, TEXAS 76201 THIS OftAnoe-ORDLPR/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTRACT. I THE ORIGINAL (CONTRACT SUM).... NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE $ 9 SQ 06 ORDERS THE (CONTRACT SUM) PRIOR TO THIS CHANGE ORDER..$ o_ann nn THE (CONTRACT SUM) WILL BE (INCREASED) BY THIS CHANGER ORDER.. . THE NEW .........................s_ 6.510 (CONTRACT SUM) INCLUDING THIS CHANGE ORDER WILL BE THE CONTRACT TIME WILL BE (INCREASED) BY.......s~ 0a- 00 THE DATE OF SUBSTANTIAL COMPLETION AS OF 7AE -0 Dava DATE OF THIS CHANGE ORDER THEREFORE IS.......... 5-14-93 ALAN NELSON ARCHITECTS C1tV of Denton CONTRACTOR (as above) OWNER 502 W. OAK 901-A Texas St ADDRESS _ ADDRESS N Ta 76201 Denton Tx 76201 J~ SIGURE SIGNATURE PRINT NAM ~;;LSer1 1 PRINT NAME and TITLE DATE DATE 1 I 1 Apalida Na ALAN F. NELSON AgsndailemL-Z~'es I( 1v A R C H I T E C T fk+ e- 93 I 1 January 12, 1993 Dave Ham Manager of Construction Projects City of Denton 215 E. McKinney St. Denton, Texas 76201 Re: Renovatlon of the Service Center Complex AIr Conditloning Denton, Texas Dear Dave, In response to your request for additional design and engineering services at the lower floor of the Denton Service Center, please find the following: We propose to provide engineering and design services for renovation of the Lower Level Heating, Ventilating, and Alt Conditioning systems, southwest quadrant, of the same scope and content as our previous (accepted) proposal of July 28, 1992. This new, additional, lower level work will be Incorporated Into the Construction Documents for the upper level that are presently ready to be Issued for blds. Our fee for thls work shall be $6,500.00. Should you have any additlontl questions or comments, please feel free to contact me at your convenience. Sincerely, A11&)VLk'- Alan F. Nelson Architect AFN;cn AiKNITECTM ❑ PLANNING ❑ IWE4iC:MSiGN 502w CAI( DENTON IEXAS76201 8175660266 i r, 44onWlr ' 10"= W -2 i;! r! 24 Apttla ,em` r0` , D C1TYofDENTONMUNlClPALUTILITIES/ 901 -A Texas Street/ Denton,TX76201 1 MEMORANDUM ' To: Robert E. Nelson, Executive Director of Utilities Date: January 27, 1993 i From: David C. Ham, Manager of Construction Projects Subj: Renovation of The Service Center Air Conditioning and Heating Systems I In mid 1992, the Utility Department initiated a design agreement with Alan F. Nelson, Architect, to renovate the Ser.ice Center air conditioning and heating systems. The scope of work involved the air conditioning and heating units on the first floor of the electric meter shop and second floor emergency dispatch office, and the main portion of the second floor excluding the training room area, The shops of Parks and Recreation, Street and Solid i waste and Purchasing Department were also excluded. Those excluded areas are served by different air conditioning and heating systems which are considered adequate. The design work from Alan F. Nelson did not include the utility department first J floor shops of the electric, water, and wastewater because at that time these areas appeared to be adequately served with air conditioning and heating facilities. Since the initiation of this design agreement, the shops of water, wastewater, and electric have been modified to include additional walls for Foreman offices. These new offices and associated shops are now suffering from insufficient air flows for air conditioning and heating. ApeadaIte S fV/~21 The attached letter from Alan F. Nelson indicates tha@,B,= Tonal engineering design services to include these nee oreman Office v d~ and shop areas, not in the contract, would ht-.t6,60-0 0 in l-' ~fl addition to the present contract fee $9,500.00 The utilities staff considers this cost a worthwhil M Mon to the renovation of the Service Center Air Conditioning and Heating Systems and i recommends City Council approval. I have discussed this matter with Tom Shaw, Purchasing Agent. I am directing this letter through your office for approval to Tom Shaw for his further processing and City Council approval. i I , +I Attachments: Letter from Alan F. Nelson - #1 New Purchase Requisition for $6,500 - #2 Existing Contract Documents - #3 DH,Ka i I k IBM r ~ CITY COUNCIL, ~r 1 t= 4t 4 t J% 0 Y _ ~ XT: ~adeKo. 3~~ AP* CITY COUNCIL, REPORT FORMAT DIV rf-0 A./ /a DATE: March 9, 1993 TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: School Zone ordinance for Denton Higt. School, West Campus RECOMMENDATION Staff and the Citizens Traffic Safety Support Commission (CTSSC) recommend approval SMARY: The ordinance would provide for a 20 mph school safety speed zone on portions of Linden, Fulton and Crescent Streets adjacent to the Denton High School, West Campus during certain hours when school is in session. I~ BACKGROUND: The existing school zone ordinance was voided by commission (CTSSC) action when the high school moved to the Ryan campus. This ordinance only provides for a 20 mph reduced speed limit. Due to significantly less traffic generation now by the ninth grade center, than was previously the case with the full high school, no crosswalks or parking restrictions are included in this ordinance. PROGRAMS DEPARTMEUS OR GFO:va AXFECTFj2I Engineering and Transportation Department, Police Department, and the general public. FISCAL IMPACT. About $200.00 for signs and markings AEE00168 I on AA daNo _ v Agenda~tem MINUTES Citizens Traffic Safety Support Commission CCC February 1, 1993 PRESENT: John Erwin, George Nay, Eric Jackaon, Edna Redmon, Betty Duncan, Carolyn Brown, and Chairman Doug Chadwick ABSENT: Alice Gore and Carl Guess STAFFi Paul Iwuchukwu, CTSSC Liaison Manual Coronado, Traffic Supervisor Jim Dotson, Police Department Lois Scobee, Admin Secretary ITEM 01 APPROVAL OF MINUTES FOR NOVEMBER 2, 1992r I Ray made a motion to approve the mirwtes as written. Erwin seconded the motion. Motion passed unanimously. EM SCHOOL ZONE ORDINANCE FOR DENTON HIGH SCHOOL WEST CAMPUS. Iwuchukwu presented the request. He said the speed ordinance for DISD was revised when the high school moved to the Ryan campus. At that time, it was agreed that when DISD felt a change was needed they would come back to the commission. Last fall, the Denton West campus became a 9th grade center. It now houses only the 9th grade. Traffic generation has drastically reduced. Therefore, staff is not requesting a full school zone. DISD is submitting a request for a 20 mph school zone on crescent from Bryan to Fulton, Fulton from Linden to Crescent, and on Linden from Fulton to Alice. At the prevent time, the crosswalks are not warranted. DISD has told staff that by 1994 the west campus will be a full high school. At that time, they will request an amendment that will incorporate all crosswalks. The commission will evaluate the crosswalksi and if they are warranted, will restore them. At this time, the; are only requesting a 20 mph speed limit. There is a new phenomenon that DISD has come up with which we call "limited access". They wanted to call it a loading zone but staff felt it would be better to not add to the fuzziness surrounding the loading sons ordinance which has been in limbo for quite some time now. The school district ie saying that during the drop off and pick up times traffic conflicts with the school bus activities. They are trying to remove parent trai'fic from the west side of Fultr.n Street between Crescent and Linden. This would be just in the mornings and afternoons. Staff agrees with the concept but doesn't know what the impact will be. Citizens have not been polled to see what th3ir reactions would be. This is the area staff would like the commission to address. Jackson asked if this would be supported by an ordinance, there would be no enforcement ability to enforce the signs. Iwuchukwu said, if approved, it would be incorporated in an ordinance. Jeckeon said there would be an ordinance designating "limited access buses only". Iwuchukwu said that was correct. Staff is concerned about whether the limited access would be all day or parts of the day and week. if co, what will be citizen reaction? w AQeolaNo "e,7 Aqvealfern CTSSC MINUTES February 1, 1993 page 2 Erwin said it could be stipulated as a bus zone only during school hours and the zone painted like no parking zones. Chadwick asked if there was such a designation used in the City. Iwuchukwu said no. There was reccntly an accident involving a bus and car at Frank Borman school. The police contacted staff looking for an ordinance for specific designation for buses. There is no such ordinance. Erwin said with the population at the school as it is, it doesn't appear that a time limit bus zone would cause any inconvenience. 1 Bacon asked what areas had been designated for parents to pick up and drop off children. Iwuchukwu said currently, parents can park on both sides of Fulton street. Bacon asked if made a bus only zone, what area will be designated for parents? Iwuchukwu said there is a parking lot on the east aide of Fulton street between Crescent and Linden. Chadwick said parents can park on the northbound side of Fulton. Jackson asked where the buses loaded and unloaded before. Iwuchukwu said they were just vying for space with other traffic, when it was the high school, they unloaded on Bryan, Linden, and Fulton streets. Jackson said he once lived there and only remembers buses unloading on L<nden end Bryan. Chadwick said he can see the school's desire to have a loading and unloading bus area but is unsure about designating it as limited access. signage stating "limited access", limited access to whati A designated area would be much better and they need to say that. rwuchukwu said the signage would say "school buses only" with possibly limited times. Chadwick asked i. staff's position was to approve the 20 mph zone and the "limited access" eignage as a package? Iwuchukwu said yes. Bacon asked if there was a problem for buses to load and unload where there used to by the gym. Iwuchukwu said most of the activities for the school are centered on the west side. Chadwick said the 20 mph zone was fine. The question is what is the limited access sign? What is it going to look like? There is no e•planation. The school needs to present a proposed design of the sign and have the traffic engineer for the school answer the commission's questions. Gene Holloway, Supervisor of Transportation for DISD, came forwaro to address the commission. He said in regard to the limited access area, the school was going on information provide by the planning Department. As far as the signage and requirea.ente, the district haox t been given any guldance to those requirements. First, the school was wanting an off loading designated area for buses so that students could be loaded and unloaded safely. Jackson asked Holloway where buses loaded and loaded previously. He i A~;;trdd3f8~_ 14~ cc ~ CTSSC MINUTES 7 February 1, 1993 lC page 3 does not remember them using Fulton street. Why does the district want to block a lane of traffic on Fulton street with a line of school buses if you could unload on one of the off streets. Holloway said historically, the school buses unloaded in an alleyway behind the school between the Agriculture and Votech building. Buses would enter from Creactnt exit out to Linden. Other buses would come in from Felton, referred to as the south alley, and then exit on Linden. That :'as the traditional flow when it was a high school. Now that it has beer, designated a 9th grade center, there is no supervision in the alleyw,oy. Holloway said DISD staff wishes, becauae prefers, of n staffing and h supervieion frequib ements. The majority of the students are based at the renter. Jackson said from experience, if a sign is put up saying "school buses only", unless you have an officer there issuing tickets the signs are rr t going to be effective. The staffing problems are understandable, but DISD is asking to take a traffic lane and create an enforcement problem in an unenforcoable situation, because there isn't enough staff to supervise Loth sidrea of the building. Holloway said staffing is a criteria. At this point and time, there is a lot of loading and unloading at the front due to campus request. staff out there assisting the traffic distributed informing students, staff, and parents as to this flow. It is basically working at present. Jackson asked what was the definition of a term or ordinance given by the Planning Department. Holloway said originally, DISD was looking at a school bus loading tone. It would be better termed a limited access zone. At that time, they explained that there was a definite difference in the two. There was some very difficult measures to be overcome to des gnats an area as a bus loading zone. Iwuchukvu said when the school district submitted the original request, they nuked for a school bus loading tone. Staff discussed it and decided not to create another loading eons quagmire. Staff went to the Legal Department and they reviewed it. They said it would be better to call it a "limited access" zone in the ordinance until everything is cleared in the proposed loading zone ordinance that to still tied up at Legal. Erwin asked if the ordinance would may "limited access" zone instead of bus tone. Iwuchukwu said the school could sign it - "school buses only". In the ordinance, It would say "limited access". Jackson said the school needs to make a separate lane in front of the school for bumeeo only like in Dallas. Another option would be no standing, stopping, or parking except for school buses which is a state law. Erwin said most ptvple look at a bus lane no a travel lane. Bacon said this wouldn't eliminate the confusion. Are parents traveling south to put their kids out in the middle of the street instead of turning around and coming back to let them out on the I Venda ho A7e1d3It0q E~ 5efo E~ 9 1-a7~ CTSSC MINUTES February 1, 1993 page 4 Gil east aide of the street? Holloway said as Ear ashot he flow, the biggest majority are using the east parking lot and children nre crossing at the crosswalk. Holloway said they can enter the parking lot from either the north or south. Holloway said the mornings are not the problem. It's in the afternoon, several groups are arriving at the same time for various activittee, etc. Chadwick asked if the ordinance could be split into two parts. The speed zone is one issue and the bus lane another. Iwuchukwu said school zone issues have always been addressed together but if the commission desires to do so it's ok. STAFF RECOmmENDED3 Approval COmHISSIONERSi Erwin made a motion to approve the 20 mph zone. The commission directed staff to draft a proposed ordinance for "limited access" to be reviewed at another meeting. Kay seconded the motion. motion passed unanimously. 1 V4 aponda No eV/ Agenda I lerrt-_?!Fw MEMORANDUM DATE= January 25, 1993 TOi Citizens Traffic Safety Support Commission i FROM, Paul iwuchukwu, Liaison SUBJECTi February let Meeting ITEM /1 APPROVAL OF_NOVEMBER 2ND MINUTEST ITEM 12 SCHOOL ZONE ORDINANCE FOR DENTON HIGH SCHOOL. WEST CAMPUSt When the Denton High School west campus was temporarily closed in 1991, the school zone ordinance was voided by action of the Citizens Traffic Safety Support Commission. It was agreed upon that the DISD submit a new application for a new ordinance whenever the need arises. The campus was reopened at the beginning of the Fall semester but the traffic generation is only a fraction of what it used to be due to it only houses the 9th grade now. Staff has monitored traffic in the area since the campus reopened. Moderate congestion is sporadic and limited to certain areas of the campus. These areas includes Fulton Street from Linden to Crescentl Linden Street from Fulton to Alicel and, J Crescent Street from Fulton to Bryan. The section of Fulton between Linden and Crescent experiences more congestion due to school buses conflicting with ordinary passenger cars when parents drop off or pick up their children. Because of this, the DISD is requesting that the west side of Fulton between Linden and Crescent be designated limited access for the use of school buses only. This would eliminate the conflicting traffic and occasional double parking situations that occur at this time. Staff recommendation is as follower Speed Zones 20 miles per hour on Fulton Street from Linden to Crescent 20 miles per hour on Linden Street from Fulton to Alice 20 miles per hour on Crescent Street from Fulton to Bryan. These speed limits would be in force only when school is in session - l130 a.m. - 900 a.m., 3[0O p.m. - 400 p.m. Appropriate signs will be posted for all zones. DISD anticipates restoration to a full-fledged 4-year high school for this campus Agenda No D ~3 Agendallem_ CTSSC MEMO January 27, 1993 page 2 by Fall 1994. At that time, the City will evaluate the need for crosswalks and install accordingly. As of now, no crosswalk is included as part of this ordinance. Limited access Limited access designation on the west side of Fulton Street from Linden to Crescent. Thin means no vehicles other than school buses are allowed to park, pick up or drop off on this section of Fulton when school is in session. The DISD will provide the "limited access" signs. We must note that staff does not have any previous experience with this limited access designation - how the public will perceive it. We do urge the commission, in their deliberation, to address that aspect of it. All we are saying is that separating school bus traffic from passenger - car traffic during site peak time is a good traffic management concept, Staff recorunends approval. I f E1\WPD0CS\0RD\School A3a^da~r'a.___~ 9 - p/3 r A7( ada lt6ni_. G f' ORDINANCE NO. / I AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON PORTIONS OF LINDEN STREET, FULTON STREET AND CRESCENT STREET NEAR THE DENTON HIGH SCHOOL WEST CAMPUS; REDUCING THE 4 MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENAL'iY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING a SEVERABILITY CLAUSE; ` PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Based upon an engineering and traffic investigation heretofore made as authorized by the provisions of Section 11d9, Ar- ticle 67014, V.T,C.A., the prima facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling upon the following named streets, or part thereof during the hereinafter designated hours. The location of said zones and the hours during which said speed zones shall be in effect are as follows, to-wit: f Location Hours in Effect Both directions of Fulton On school days from 7:30 a,m. Street from its intersection until 8:30 a.m. and from with Linden Street to its 2x30 p.m. until 1:30 p.m. intersection with Crescent Street Both directions of Linden until school a Ym. and from0 a,m. Street from its intersection 2:30 p.m, until 3:30 p.m. with Fulton Street to its intersection with Alice Street Both directions of Crescent u On s from ntil h8:30 da Ym. and from0 a.m. Street from its intersection 2:30 p.m. until 3:30 p.m. with Fulton Street to its intersection with Bryan Street indiviidualladjudged eguilty signs ofrexceeding this giving speed notice limit eshall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars (200.00), MME -M. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining portions of this ordinance, and the City rtAgoedaNo AgvdaItem e- i Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. I PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: 1 JENNIFER WALTERS, CITY SECRETARY ; BY: APPROVED AS TO LEGAL FORM: D BRA A. DRAYOVITCH, CITY ATTORNEY SY Q I I < i 1RY,UI UI + ~ 7 3 ~ a . r • ~ r r M Y + r J ~ a a J • d e ~ • a . e a , , I a ° a a r e t q ° ~ I i r I ~ • ~ arr I • ~ . r,s ~ ~ i ~ ~ s 1 2O~rs, 11/0 r J ~ ' I SGT e Y~ e a q ~I ' i I • • ~ • ~ ! ' 1 ALICS ALICE I .:.a rr:~ r ♦ ii I « r= CITY ~ E4Y1 'COUNCIL i +I;yr. ..t.z it az I: .:Ir i l I i s I i jet o. ~ s ti r o c s ' 0 e e r T 1: XT - Deg t~ Oppp 000 S'l~ 1 . i... AP4 No L~ 40611 CITY COUNCIL REPORT FORMAT dai DATE: March 9, 1993 ` TO: Mayor and Members of the City Council CROM: Lloyd V. Harrell, City Manager SUBJECT: School Zone ordinance for Strickland Middle School ~ RECOMMENDATION: F i Staff and the Citizens Traffic Safety Support Commission (CTSSC) recommend approval SUMMARY; The ordinance would provide for a 20 mph school safety speed zone on portions of Windsor Drive and Bell Avenue adjacent to Strickland Middle School, and for a limited access designation on a portion of the soi.th side of Windsor from Inglewood Circle to Bell Avenue, for the use of school buses only during pick-up and drop-off times when school is in session. BACKGROUNDr The existing ordinance provided for a 20 mph reduced speed limit 250 feet on all four legs of the intersection of F.M. 2164 (North Locust Street) and Windsor Drive. This ordinance would cover all areas immediately adjacent to Strickland Middle School. The limited access designation would eliminate conflict between private citizen traffic and school buses during pick-up and drop-off times. PROGRAMC DEPARTMENTS OR GROUPS AFFECTED! Engineering and Transportation Department, Police Department, and the general public. FISCAL IMPACT: About $250.00 for signs and markings r 1 CTSS, MINUTES ' February 1, 1993 page 10 ITEM 15 SCHOOL ZONE ORDINANCE FOR STRICXLAND MIDDLE SCHOOLi Iwuchukwu presented the request. Staff thought there was a achor,i zone ordinance for Strickland. But, the existing ordinance or.1y covers the intersection of Locust and Windsor - 250 feet on each leg. This request is for a school zone ordinance for Strickland Middle school as well as a proposed limited access zone on the south side of Windsor from Ingl:wood to Bell Avenue. Staff proposes 20 mph school zone up to Food Licn, from there to Bell Avenue and from Windsor to Driftwood on Bell Avenue. At the intersection of Bell and Windsor, the existing condition has four crosswalks. There are crosswalks on all loge of that intersection. Staff is trying to limit them to two - the north and west legs of the intersection. The other existing two will remain on the north and west leg of the intersection. They will fade out and not be repainted. The DISD has designated the horseshoe drive on the northend of the premises adjacent tr• Bell Avenue for parent pickup and drop off. Staff agrees with this concept of separating citizen traffic from school bus traffic. Staff asks that the commission consider how citizens will perceive that area for just school buses. Will it be limited times or all day long? Unlike the Fulton Street case, the horseshoe arrangement has some better aspects. The problem would be how to direct parents and enforce the limited access. DISD said they have already started to educate parents on this type use. Bacon said Newton Rayzor has an area designated for buses only right in front of the school. How is this situation different from that? Iwuchukwu said if it is within the school on private property, an ordinance is not required. Gene Holloway, Supervisor of DISD Transportation, came forward to address the commission. He said, the district with its current configuration of elementary schools, two middle schools, a high school, and 9th grade center asked the transportation department to redo its transportation system. Looking at the current and projected requirements, DISD is having to do a great deal of shuttling and moving of students to accommodate the canter at Denton West and movement of students to the two middle schools. In the past, bus fleets were divided into two groups - north of University and south of University. The normal schedule would be with a stagger belt arrangement at the campuses. The elementary students would be picked up and delivered, and then the buses would return to pick up the middle school students and deliver them and so on. The 9th grade center totally destroyed that type system as this has required buses arriving at different times. In the past, the horseshoe serviced the needs as far as scheduling. The horseshoe h access is 19 feet wide, so with each bus 9' 2" wide, two buses cannot safely pass. In discussion with Strickland administration, they looked at moving the private traffic to the horseshoe which would accommodate students puked up and delivered. By utilizing the curb loading on the south side of Windsor, it would accommodate Apodaitem~gl CTSSC MINUTES February 1, 1993 February J page 11 / the quick movement of buses arriving, stage those that needed to stay, and those leaving. DISD attempted to segregate the buses in order to stage them within and outside the horseshoe exhausting all avenues. The only other possible avenue would be major construction of having to demolish and put in additional ID' of concrete, 520 feet of the horseshoe, or put in a rear bus lane behind the school both of which are extremely expensive. The DISC doesn't have the money and is looking for the most expeditious answer to the problem. As outlined, the initial and primary request is for the limited access cone on the south side of Windsor where buses can access and leave the site in a timely manner. Duncan said she is very familiar with the area. The buses loading and unloading on south Windsor would be advantageous, but there are a large number of private cars now using both sides of Windsor to pickup students. Where are all those people going to be put? They will be very unhappy to see all this area given to the buses and only a small horseshoe area given to them. Holloway said the horseshoe area is actually a longer area than that of the proposed bus area. It's 518 feet from the entrance around to the exit. That horseshoe is approximately 20 feet shorter than the area asked for on Windsor. Duncan said the horseshoe will be much more congested. Holloway said they tried to simulate the movement and it will take some education. The school will not. diminish the parking on the north side of Windsor so there will t-e pick up there. Holloway said there is a proposed crosswalk on the west end to accommodate students on the north side of Windsor. Clovis George with the Police Department said the crosswalk cc,1d be manned by the 4 department. Chadwick said both sides of Bell Avenue are available for pick up and delivery of students. Holloway said that is correct. Bacon asked Holloway if two care could pace inside the horseshoe. Holloway said they could. Holloway said because of the mirrors on the buses it's impossible for them to pass. Often, they jump the h curb. F 0adwick said a bigger problem exists on the north side of Windsor, He said, cars will park 3 deep making it impossible to safely navigate. Holloway said that is correct. Holloway said the best way would be to make a bus lane behind the school but then there is a safety problem too. M Jackson asked if there were school crossing guards at the school. Holloway said no. The requirement was brought to DISD's attention k by Iwuchukwu that the Planning and Engineering Departments frown upon mid block crosswalks and plan to get away from that. It would have to be stipulated that the crosswalk have a guard. Sergeant George indicated that the Police Department looked favorably on that and would be able to man it. It would be a matter of identifying someone for those times. r Jackson asked at whose expense. Holloway said he wasn't sure. Dotson said he isn't sure how it's being tat en care of. Dotson v r f ~ i Agenda No -_D/3 Agendaltem ~ CTSSC MINUTES February 1, 1993 page 12 l/ asked if the school had considerp,d widening the loop. Holloway said the time and money to accommodate that plan is not available. Strickland asked that they pursue the limited access. Dol~son access" BaJae soniagreedC9tJacka about the said he is more favorable " of mthis location than Denton West and if Leaal feels comfortable with it, he would be in favor of giving it a try. i Iwuchukwu said if the commission in in favor of the con,,ept, ;,ey cou.d leave the wording up to the Legal Department. i STAFF RECOMMENDEDc Approval COMMISSIONERSi Jackson made a motion for approval leaving the wording to the Legal Department and the hoirs to staff and the school district staff. Redmon seconded the motion. Motion passed unanimously. ^nrlaNo 3- D .3_~ leafteaje CTSSC MEMO C}f" January 27, 1993 page 4 I ITEM 5 SCHOOL BUS ORDINANCE FOR STRICKLAND MIDDLE SCHOOL: Strickland Middle School does not have a school zone ,ordinance. There is an ordinance that was passed in 1985 that established the intersection of Locust street (FM 2164) and Windsor Drive as a permanent school crossing area ind provided for a reduced speed limit of 20 mph for 250 feet on all four legs of the intersection. There is significant pedestrian and vehicular traffic around the Strickland campus, especially during school opening and closing times. School zone signs are in place but without an ordinance enforcement could be jeopardized. For these reasons, staff is recommerding the following: 20 miles per hour speed limit on Windsor from Bell Avenue to a point 250 feet east of FM 2164; 20 miles per hour on Bell Avenue from Driftwood Trail to Windsor; a 6 foot north-south manned crosswalk on the east leg of the Inglewood Intersection; a 6 foot north-south crosswalY on the west leg of the Bell intersection; a 6 foot east-west crosswalk on the north leg of the Bell intersection. In fact, we recommend that all crosswalks at elementary, middle, and high school locations be manned as an additional measure of safety. The speed limits would Ne in force only when school is in session 7130 a.m. to 9:00 a.m. and 3:00 p.m. to 4:30 p.m. Appropriate signs will be posted for all speed zones and crosswalks. The School District (DISD) is also requesting designation of limited access zone for the mouth side of Windsor between Inglewood and Bell Avenue. This area will be used for school bus pick-up and drop-off only. Parente pick-up and drop-off that used to occur in this area will now take place in the horse-shoe drive at the Bell end of the school premises. Staff supports this request since it will help improve traffic management in the area. Staff recommends approval of school zone with "limited access" designation on the south side of Windsor from Inglewood to Bell Avenue. The DISD will furnish the "limited access" signs. E:AWPDOCS\ORD\WINDSOP '1 ~3f 3h~0 A~z~~G3ltem~> ~ F-- ORDINANCE NO. l' AN ORDINANCE DESIGNATING AND ESTABLISHI?" A SCHOOL SAFETY SPEED ZONE ON PORTIONS OF WINDSOR DRIVE AND BELL AVENUE ADJACENT TO STRICKLAND MIDDLE SCHOOL CAMPUS; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING FOR A LIMITED ACCESS LANE ON THE SOUTH SIDE OF WINDSOR DRIVE BETWEEN INGLEWOOD AND BELL AVENUE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; TND DECLARING AN EFFECTIVE DATE. 1 I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION I. Based upon an engineering and traffic investigation heretofore made as authorized by the provisions of Section 169, Ar- ticle 67014, V.T.C.A., the prima facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling upon the following named streets, or part thereof during the hereinafter designated hours. The location of said school zones and the hours during which said speed zones shall be in effect are as follows to-wit: L,cation Hours i Effect Both directions of Windsor on school days from 7:30 a.m. Drive from its intersection until 9:00 a.m. and from with Bell Avenue to a point 250 3:00 p.n. until 4:30 p.m. feet east of Farm-to-Market Road 2164 (also known as Locust Street). Both directions of Bell Avenue On school days from 7:30 a.m. from its intersection with until 9:00 a.m. and from Driftwood Trail to its inter- 3:00 p.m. until 4:30 p.m. section with Windsor Drive. SECTION II. When signs are erected giving notice thereof, an individual adjudged guilty of exceeding these speed limits shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). ECTION III. When signs are erected giving notice thereof, it shall be unlawful for any person to operate a motor vehicle other than a school bus on a portion of the south side of Windsor Drive from its intersection with Inglewood to its intersection with Bell 1 i Aoolrfa 1_4 ` Amlvdallam ~ f'~ / Avenue on a school day at designated times. An individual adjudged guilty of the provisions of this section shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. i SECTION_ That this ordinance shall become effective fourteen (14) days from the date of its passage, and the city Secretary is 1 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. i i 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: f I i n} V nl r£DLL 1 R s HI PROPOSED ri?csSA'ALK ti Z5o ~ a h -i Aron 14--wi,vv.SOR ZOmph PROPOSED LlN11'ED AcCF.ss LANE TEACHER PARAINC - 1 - i W J STRICh'LAND MIDDLE SCHOOL W I t i VIP rN000 ITII _ILL XMIMM CITY M 1 COUNCIL MAIM."llfff. Illsomd: 11110 M: 0 $ a i °ata aor~ ~ 1 XXXI i AWaNa._ 3-~ ..3 Aperdai April 27,(~ CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager. RE: CONSIDER APPROVING CONTRACT FOR LEGAL SERVICES FOR LEGAL ASSISTANCE BEFORE THE TEXAS WATER COMMISSION REGARDING AN AMENDMENT TO AND DEFENSE OF DENTON'S CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN) FOR WATER SERVICE IN DENTON'S EXTRA TERRITORIAL JURISDICTION (ETJ) AREA NORTH OF DENTON. RECOMMENDATION: i The Staff recommends approval of the Ordinance authorizing a contract with Lloyd, Gosselink, Fowler, Blevins and Mathews, P. C for legal services for issues relating to Denton's CCN hearings before the Texas Water Commission. SUMMARY/BACKGROUND: Since 1976 Denton has had a single certified CCN in it's ETJ north of the Denton city limits to about i mile north of FM 926. Bolivar Water Supply Corporation (BWSC) has for several years extended their water lines to rural and to some cases subdivision estates in that area even though they did not have legal authority from the TWC to serve the area. Denton has I not officially objected since it has been anticipated that if a major developer should ever desire to develop in the area and seek annexation, the developer could extend water lines form Denton's system and Denton could provide service tc the annexed area and a mutual phase out of Bolivar's service could be arranged. In 1992 Bolivar Water Supply Corporation filed an application with the Texas Water Commission (TWC) which requested that Denton's certification be revoked and BWSC be granted single certification to serve 200 feet on either side of the water lines they have in the area. In initial discussions with BWSC attorneys, the Denton Utility staff offered to allow "dual certification" of both Denton and BWSC in the are but BWSC rejected that offer. i I ~erdaho _-~2~L3 Agenda fteffL' S~ 'o CITY COUNCIL AGENDA APRIL 27, 1993 PAGE 2 D I Denton believes that with dual certification future developers would be able to obtain service from Denton in areas they request to be annexed and avoid being forced to pay BWSC for water lines which are normally too small to serve their urban subdivisions. Denton spared the future expen would also be ses of Texas Water Commission + hearings to regain the right to serve water to its own citizens In the area when such annexations developments occur. and BWSC claims it needs single certification to net Federal Farmers Home Administration loan requirements which state that BWSC must have the "exclusive" right to serve in the area before FmHA will loan them more money to extend and interestingeto note ethat yBWSC, sing Federally Subsidized loans, pays for all water line extensions to their rural customers wherein Denton and nearly all Texas Cities opers to extend the customers eve D nton and most cities water lines Urban I adequate siwer be available before water lines are extended. It is then interesting to find that many such developments become densely populated and septic tanks begin to fall and local city, state and federal tax and utility funds are required to solve the raw sewerage pollution problem in these rural developments that are encouraged by federal funds). I BWSC's application certification tin the area north of FM 428 up to Lake Ray Roberts which is in Denton's ETJ and is anticipated to be part of Denton in the future. The Denton staff is requesting the assistance of the Austin attorneys, Lloyd, Gosselink, Fowler, Blevins and Mathews, P. C., to assist with the hearings before the Texas Water Commission FISCAL IMPACTt I Estimated fees are $25,000. AUU001C4.427 f ' apeodaNo _1~~ -0/3 Abe ,da Itern_ 6~ cr' 3 _ s/-~ 9- 9 3 h CITY COUNCIL AGENDA APRIL 27, 1993 J PAGE 3 1 PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Denton water rate payers, future Denton citizens. i I 1 Respectfully submitted, 1 yd V. Harrell, City Hager Prepared by: i R. E. Nelson, Executive Director Department Of Utilities ` I I h If ~ i i~ AUU001C4.427 V u J:\WPDOCS\ORD\BOLIVAR,CCN o%7,,rIaNO._._._;( A~vdalI -mss , 1~ y ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF THE LAWFIRM OF LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS, P.C. TO REPRESENT THE CITY IN PENDING ADMINISTRATIVE PROCEEDINGS STYLED APPLICATION OF BOLIVAR WATER SUPPLY CORPORATION FOR AMENDMENT TO CCN NUMBER 11257 AND APPLICATION OF CITY OF DENTON FOR AMENDMENT TO ' CCN NUMBERS 10195 (WATER) AND 20072 (SEWER); AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Council of the City of Denton approves the retainer of the lawfirm of Lloyd, Gosselink, Fowler, Blevins and Mathews, P.C. to represent the City in pending litigation styled Application of Bolivar Water Supply Corporation for Amend- ment to CCN Number 11257 and Application of City of Denton for Amendment to CCN Numbers 10195 (Water) and 20072 (Sewer). SECTION II.. That the City Council authorizes the City Manager to execute an agreement for legal services with Lloyd, Gosselink, Fowler, Blevins and Mathews, P.C., a copy of which is incorporated herein as Exhibit A. SECTION III That the City Council hereby authorizes the expenditure of funds as authorized by the contract. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. I 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 ATTORNFY BY: 'j A17 i r a4...... +a i 41CITY , z UNCIL I_ - ~Srrl~ Zra4 ~~It I~ ~r ~z Ji 1 0 o OQj i' ~N 0 s 6 X, X: Q A }t r ;;:I A~a A(p P,Q 1le+n ~ --f-1 D Ati e / ~y 'S l CITY of DENTON, TEXAS MUNICIPAL BUILDINh / DENTON, TEXAS 76201 / TELEPHONE (817) 568.8307 Office of fhe City Maneper M F MO RANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: April 23, 1993 SUBJECT: A Vision for Denton - The 21st Century Since the last Council meeting, three groups have agreed to become "sponsoring agencies" for this effort - the Denton Area Chamber of Commerce, the Denton Record-Chronicle, and the Denton County United Way. The attached resolution affir,s the commitment of the city to this project and authorizes action needed to become a "sponsoring agency." The commitments which are related to becoming a sponsoring agency have been discussed with the Council during the past few weeks. The one item which has been added is a tentative dollar commitment of $50,000. The attached resolution notes that the Council will exert its best efforts to provide such a funding level contingent upon other sponsors making contributions one half of the city's allocation would cone from the general fund and the other half from the utility fund. During the investigative stages of this project. it was learned that the City of Rock Hill, South Carolina, had spent something like $250,000 to carry out their visioning project. Although an allocation of such a magnitude will not be necessary for Denton because of the substantial amount of in-kind services anticipated from the universities, sufficient dollars must be available In order to carry out the project in a professional manner. Funds will be needed for the various impact groups to make required field trips, conduct surveys and focus groups, and prepare visual displayr, of their recommendations. In addition, funds will be ' required for supplies, speaker fees, etc. An overall project budget of $80,000 - $1000000 is anticipated. If the Council adopts the supporting resolution, we will return with the mechanisms required to implement the various commitments. It is recommended that the $25,000 from the general fund be appropriated this year since we have received the one time property Apend3No !Z AguidOerrL'_~ ~A Mayor and Members of the City Council April 23, 1993 Page 2 tax settlement from Peterbilt as well as exp3rienced better than expected sales tax growth. The ;25,000 from the utility fund will be incorporated Into the recommended budget for 1993/99. It is anticipated that various alternatives for the location of the "vision room" will be submitted to the Council within the next several month:. Finally, the appointments to the project cabinet will be placed on a future Council agenda. All in all, the community is reacting very favorably to the idea of this community wide visioning program, and it is hoped that the Council will formally endorse the program and make your cummitments on Tuesday evening. If there are any questions, pie se do not hesitate to contact me. Lloyd Harrell City Manager LVH:bw AMM002AI I~ Attachment I I u~~lEfil _ tC? r: iJ f~ A VISION FOR D£NTON - THE 21ST CENTURY OVERVIEW r During the past year, several organizations perceived a need to form a consensus about what type of community Denton should become and unite to achieve this vision rather than letting chance dictate our future. This desire led to the design of a visioning project which has been titled "A Vision for Denton - the 21st Century". i As contemplated, this effort would be sponsored and lead by seven institutions which have their own budget and authority to make decisions. These institutions would form a partnership committed to establishing a vision of the Denton of tomorrow, initiating action that promotes that vision, and implementing plans that will link vision to action. Although this effort would be sponsored by Denton's community-wide institutions, the essence of the project would be broad based citizen involvement. Believing that the process is at least as important as the product, great care would be given to involving the entire community and to ensuring that all elements of Denton are represented at the leadership and participant levels. This project, "A Vision for Denton - the 21st Century," acknowledges that citizens themselves should shape their city. It is through their actions that a city's soul takes form and then soars to new heights. This visioning project can enhance Denton's ability to be a very special pl.aco. i 1 /~5 RECOMMENDATIONS - VISIONING PROJECT STEERING COMMITTEE Jim Alexander, Carl Anderson, Russell Hates, Euline Brock, Dick Engle, Pat Gobble, Lloyd Harrell, Dean Xahney, Bettye Myers, Jeck Miller, Linnie McAdams, Jeff Moseley, John Polster, Gerald Ponder, Victor Prybutok, Margaret Smith March 4, 1993 In accordance with action taken at January 13, 1993, Steering Committee meeting, Carl Anderson named a subcommittee consisting of Carl Anderson, Lloyd Harrell, Dean Kahney, Jack Miller and Bettye Myers. That subcommittee was charged with the task ,of developing the suggested work plan for the project. Thereafter, the subcommittee met on three different occasions and formulated a work plan and project recommendations. These were submitted to the full Steering Committee on February 25, 1993. The plans were amended, and the revised project outline is submitted for approval. The revised recommendations are as follows: I • The purpose of the project is to develop a vision of Denton for the 21st century and to formulate a strategy for reaching that vision. 1 • Accordingly, the piojoct should be called "A Vision for Denton - the 21•:t Century • The following agencies would be invited :o become the sponso-s of }his community effort: The City of Denton, the Denton Area Chamber of Commerce; the Denton Independent School District; Texas Woman's University; the University of North Texas; Denton County United Way; and the Denton Record-Chronicle. • Each of the sponsoring organizations will be asked to contribute various goods and services to the project such as: monetary support, secretarial support, interns to assist each of the impart committees, training assistance for kickoff facilitators and impact comrittee chairpersons. Each sponsoring agency will be asked to agree to assign two "decision makers" from their institution to serve on a project cabinet which will meet regularly to guide the project. In addition, this cabinet will continue to meet following the completion of the project in order to receive progress reports from each agency about what it is doing to further the vision for Denton. RECOMMENDATIONS Page • The kickoff event should occur in September, 1 1993, although intense activities to promote the project need to be occurring until that date. • The kickoff event should be approximately four hours in length and be a general information gathering event. In addition to generating information which would be utilized to help determine the various Impact areas, this session would be designed to get people excited, explain the purpose of the project and stimulate attendees to want to become a ` part of the effort. I • Some type of outside speakers should be included in the kickoff event Including the possibilities of a futurist and/or the city manager of Rcck Hill, South Carolina. • A "Vision Rk)om" should be located where various impact group could meet and the work projects could be displayed. • Impact groups should be charged with developing strategies for achieving "the vision" within their areas. In order to accomplish this goal, the groups should consider efforts such as public meetings, field trips, surveys, foc4s groups, etc. • Selection of the members for the impact groups is considered to be a key element for the success of the project. Special attention should be given to ensure that the individuals selected are representative of tho community. Therefore, criteria such as race, age, sex, length of residency within the community, etc. should be considered when forming the groups. The same criteria should be utilized when selecting the co-chairs for each impact group. ' AMM00248 ~eedeNo , _~-h/~ Ageldalem- k-2 li RECOMMENDATIONS Page 3 • Although the time line for the effort indicates a May, 1995 concluding date, this date is tentative and could be altered later. On the other hand, the process is at least as important as the product. Therefore, the effort should not be rushed unnecessarily. • The Mayor should serve as the chairperson of the effort, and the City Manager should serve as the project manager. • Other key recommendations are incorporated in the attached "pert chart" which describes the project in greater detail. In addition to the "pert chart", please find summaries of the subcommittee's meetings of January 22nd and January 29th. These summaries provide more details and describe other minor conclusions reached by the subcommittee. AMM00248 I I i A Vision For Denton - The 21 s` Century i February February March I - ..DEFINITIONS: ...................1 1993 1993 1993 Steeft Comn.ilrtse- t Small group of individuals, chaired by Carl Anderson, organized to plan visioning project. Protect Csbkad- Overall policy-maklog group for visioning project. Makeup: two representatives from each sponsoring agency, chairperson, Finalize work plan by Share work plan with Share work plan with full project manager, and steering committee tee chairperson. small committee steering committee; make committee; obtain adjustments and approval endorsement krtpacr Omws- Citizen committees formed to study various areas of Denton and to design strategies for achieving goals In each of the areas, Sponsoring ApencAs- The following organization win be invited to be sponsoring agencies: City of Denton Texas Woman's University University of North Texas Denton Independent School District Denton Chamber Commerce Co e Frank RotrOaq, Jack Mih Nine Brick meet with city UnDentonaRecord Chronic e unty Rock HA maraae+, Nine ;ouch CarOArkt `\v oeaana A Vision For Denton- The 21" Century i March - April 1993 City of Denton share work plan with City Council; gain Chamber of COmnWee commitments and Denton Record-Chronicle share work plan with approval share work plan with Board of Cirectors; gain - Publisher and Editor; gain commitments and commitmenls and approval approval Denton Independent Untied Way share work School DisOct share plan with Board of work plan with School Directors; gain Board; gain commitments Texas woman *j Unlverslty of North Texas commitments and a'3 and approval University share work share work plan with approval a~ plan with Administration; Administration; gain gain commitments and commitments end g approval approval Plentinq Ikperlmenl coordmales raaeuch clad.,: 1 eenlrnuln/ Muurah I Canlrnuln 1116004101% I emmt"W" Maanlah I Cenlrnurne Muur h r Cenrlnuln Muu ~ rah eanllnuln Mosel 0.0, 111 5dCull etc A. ' A Vision For Denton - The 2 P' Century April May May May - June I 1993 1993 1993 1993 I Obtain feedback as to Prepare preliminary Hold press conference to Obtain 'Vision Room'- willingness to sponsor, budget and obtain project announce the project gain approval and degree of commitment, cabinet approval; also, sponsors and time line; remodel as needed, etc, and Identify the project obtain approval of announce chairperson, cabinet members leadership positions for project manager and ro ec steering committee chairperson Contact private Brief other organiaetions foundations {Meadow's, about the project and ^ etc.l regarding funding seek their support; these support groups should Include the A yJ retirement community, church groups, special Interest groups, etc. f, llv h (Cnallnuln* 111 /~/nh I CantrnurM a/►uu~ ! C~nllnuln~ RuunA 1 C~Minuln II~r/unA J C• tlnuln M//uoA 1 Cantlnu n R~uu~A C~nrinuln a//~/r/A ! Centlnuln II./r rV I W \ W 0 lilr/] f I A Vision For ,Denton-- The 21" Century I June July August SaWarnber 1993 1993 1993 1993 Select leaders for break- out session to be held at the kick-off and finalize questions Determine location, Press notice of kick-off Train break-out leaders in Hold kick-off event speakers, and make other event and speakers group process logistic arrangements for kick-off event Project cabinet members Invitations sent to Cd submit names of Individuals Identified to Individuals who should be participate In kick-off asked to participate in the event s project Review Imdings with pwjecl ~+1 I Continuing a+a+reh 0 CanOnuing a+r++r+h r Com lnvln! R+le+r+h 0 C+nllnaln P++++,+h / C+ntlnuln c+hinet A Vision For Denton - The 21 S" Century September October October November 1993 1993 1993 1993 r Project cabinet analyzes Based on impact areas Co-chairs obtain training Co-chairs work with information from kick-off, and participation, project in group process project manager and Planning Department and cabinet selects co-chairs assign individuals to establishes the 5.7 for each Impact group various Impact groups Impact groups i Staff support Isecretarial and administrativel arranged for each Impact group I ~ I I I 1 { A Vision for Denton -The 21st Century December January February September 1993 1994 1994 1994 Individuals notified of Kick-off session for each Impact groups • co chairs impact group impact group- present progress report at assignments and first chairperson, project a public session session of the group manager, sub-committee announced chakperson- greeting and introduction of co-chairs Cmchlin and proiect ubirxt meet bi nwnthly -receive progress reports and obwn arty reww" reQuesra; vn wtw progress Cache+n and Dr Died manager N 1 h A meet monthly to monitor _ 1~ ` 1 progrlai ~ ~ NON 13 i A Vision For Denton- The 2 P' Cen tui , May _ May MONSOON- 1995 1995 Impact groups - co-chairs present Knal reports at a public session Roiect uMnet mlel fnontMY to flpOrl wNl lath MalitVtiOn N doing to carry W OWN rev 111!111 M Y i0 Pqsted W U ~ 1 I OPM17 J:1WPDOCS\RESO\STR,*1WAT.RES RESOLUTION NO. - 7 A RESOLUTION OF THE COUNCIL OF THE CITY OF DENTON, TEXAS :DECLARING ITS WILLINGNESS TO BECOME A SPOi:SORING AGENCY FOR THE "A VISION FOR ~i DENTON--THE 21ST CENTURY" PROJECT AND OFFERING VARIOUS COMMITMENTS TO SUPPORT THIS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at its 1992 Annual Planning Session, the City Council J identified the need to undertake a community-wide visioning pro- ject; and WHEREAS, Councilmembirs Smith and Miller were assigned the task of planning such a project and returning to the Council with a recommendation as to how such an effort could be implemented; and WHEREAS, other Denton or need to undertake a community-wide ialso have identified the ide visioning project; and WHEREAS, a committee was assembled by Councilmembers Smith and Miller to design a community-wide visioning project and such a I design has beon prepared; and WHEREAS, this design has been reviewed with the City Council and other organizations and an overview of the such is atteched hereto as Exhibit A; NOW THEREFORE, THE COUNCIL OF THE CI1Y OF DENTON HEREBY RESOLVES: SECTION I That the City of Denton agrees to become a sponsoring agency for the project. UMQ".L. That by becoming a sponsoring agency, the City of Denton agrees to the following commitments: A. The City Council will appoint two of its members to serve on the Project Cabinet, to function during and after the project in accordance with the project design whic,, has been shared with the City Council; B. The City Council authorizes the Mayor to serve as Chairman of the project and the City Manager to serve as Project Manager; C. The City council pledges to utilize its best ability to financially support this project at a level of $50,000 over the two-year life of the project. $25,000 will be allocated from the City's General Fund and $25,000 from the City's Util- ity Fund; provided that this financial commitment is contin- gent upon additional financial support being generated from other sponsoring agencies and upon approval of the budget of the City; AgandaNo Agendaltem ',,g rtt3 -f= D. The City Council instructs staff to investigate City space which may be made available for the "Visioning Room" and to return to the City Council with the variouo alternative spaces which might be available for this purpose; and E. The City Council agrees to join the other sponsoring organizations in providing support services necessary to im- plement this project such as secretarial, copying and planning services. SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. SOB CASTLEBERRY, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: LA I L l i PAGE 2 it 1 . *CITY = :+COUNCII +4 41 #$tt t~ .111111 7 TM- 111 IM: TM, M T 111 ITIM: M T: XT: XT I: T. ~ to of F6 1 O O 16 ~~QQ GL4~~oo AmmAuh 9o3 -0/-a nN 13 C1rYofDENr0N,TEXAS MUNICIPAL BUdLOW0 / DENTON_TEXAS 76201 / TELEPHONE (817) S66.8307 Office of the City Manager MEMUF?.l1NDUM TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATEi April 22, 1993 SUBJECTt Annexation of Property by Highland Village In Denton's ETJ Attached is a letter from Highland Village asking our permission to annex property in our ETJ. This property is near Pilot Knoll Park and the City of Copper Canyon. I have attached a drawing showing the area. The staff has been working for a long time with the City of Highland Village on the 2499 project. This annexation will allow Highland Village to have planning and also zoning control of this area. Thus, it would preserve one of the potential corridors being studied for the 2499 project. The City of Copper Canyon has indicated that they do not desirs to have 2499 within their boundaries. Therefore, we are trying to meet their concerns and yet preserve a possible corridor. If you or the Council has any further questions, I would be happy to try and answer them at your convenience. Wi4Sve Deputy City Manager RSIbw AMM00264 Attachments AloendaNo . CITY OF HIGHLAND VILLAGE ABordallern S '`t 948 Highland Village Road, Highland Village, Texas 75067.6742 /3 Phone (214) 317.2558 FAX: (214) 5'7.0237 Oft oft ~C `s0ML9 February 23, 1993 FE8 2 a 1993 CnY r Ci7Y MANAkkF S ,F1CCti I Rick Svehla City of Dente? 215 E. McKinney Denton, TX 76201 RE: City of Highland Village Proposed Annexation Dear Rick; Fncl,lsed is a copy of ti resolution passed by the City Council at their meeting last evening, ,citing the public hearing dates for the proposed annexation, The City of Highland Village respectfully requests that the City of Denton release the subject extraterritorial jurisdiction area to the City of Mighiand Village per our previous discussion, Time is of the essence, so your prompt attention would be appreciated. Please call me if )vu have any questions. Sincerely, L Robert 1'. McDaniel City Manager Enclosure (1) RTM/p;I denlanx l tgandaNo ~tem Agenda CITY OF HIGHLAND VILLAGE, TEXAS RESOLUTION NO. 93-623 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND VILLAGE, TEXAS, SET`Tl_NG A DATE, TIME ANI) PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF HIGHLAND VILLAGE, TEXAS; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL 0:' HIE CITY OF HIGHLAND VILLAGE, TEXAS: SECTION 1. On the 8th day of March 1993, at 7:30 p.m. and on the _22nd day of March 1993, at 7:30 p.m, in the Council Chambers, City Hall, 948 highland Village Road, Highland Village, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Highland Village, Texas, of the following described property, to-wit: (Legal Description Attached) SECTION 2. The City Secretary is hereby authorized and directed to cal:se notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearings, all in accordance with the applicable provisions of the Texas Local Governmert Code. SECTION 3. That this Resolution shall take effect i:mnediately from and after its adoption, and it is so resolved. PASSED AND APPROVED this 22nd day of February ,1993. Nfayor Kay T. Stephens City of Highland Village, Texas ATTEST: APPROVED AS TO FOR,NI: City Secretary Paula Laµrence City Attorney Pete Eckert City of Highland Village, TX City or Highland Village, TX (SEAL) ORIGINAL DOCUMENT CITY OF HIGHLAND VILLAGE E • ~aotlaNo 1~.~L-~ A3anGa Itent____%~ 2Z NOTICE OF PUBLIC HEARINGS PROPOSED ANNEXATION CITY OF 11IGIILAND VILLAGE, TEXAS The City of Highland Village, Texas proposes to initiate annexation proceedings to enlarge and extend the boundary limits of said City to include the following described ler6tory, to-wit: (Legal Description) A public hearing will be held by and before the City Council of the City of Highland Village, Texas, on the 8th day of March, 1993, at 7:30 p.m., and on the 22nd day of March, 1993, at 7:30 p.m. in the Council Chambers, City Hall, 948 Highland Village Road, Highland Village, { Texas, for all persons interested in the above proposed annexation. At said time and place all I such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the matters herein mentioned shall take notice. By order of the City Council of the City of Highland Village, Texas, this 22nd day of February, 1993. 61 Paula Lawrence, ity Secretary City of Highland Village ORIGINAL DOCUMENT GTY OF HIGHLAND VILLAGE 23/17,11933 IV?3 t:kCJ CG.LES L 'MUfk-,~,v ~a c cc '~'C!1d,4N0 Cl~. Ago)daftor STATE OF TEW I COUNTY OF DENTON 1 13 ~13NDARY AdRF.E1btFNT ~ This agreement dated the day of„ .1943, is entered into between the City of Highland VMge, Texas, a home rule municipality, operating pursuant to Article 11, Section S of the Texas Constitution and the City of Denton, Texas, a home rule municipality, operating pursuant to Ankle 11, Section S of the Texas Constitution for the purpose of delineating and firdag the boundaries of the two (2) respective cities for annexation paupowL WHBRF"AS, pursuant to Section 43.021 of the Texas Local Govemwent Dade, home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, the parties hereto are desirous of determining a definite boundary 1.'_rait for annexation purposes in the area adjacent to Lake iewisn7le and more commonly known as Not Knoll Park; and WHEMAS, to order to delineate and fix such boundaries, a release of extraterritorial jurisdicdan is necessary on the party of the City of Denton so that the City of Highland Village may institute annexation proceedings in accordance wdtb this agreement; and WHIMAS, the parch here caused to be prepared a trap delineating the area within the City of Denton': exuaterritorial jurlsdkdon which comprises 118119 acres acrd ,i - which is to he relinquished in favor of the City of Highland Vivsge, stdd map being attached beteto cad labeled PAhih t A. NOW, THEREFORE, the parties hereto agree sa followv 1. That the recitals as stated above are hereby found and determined to be true and COMM 2. That the City of Denton hereby releases and relinquishes in favor of the City of Highland Village the area within its extraterritorial jiutisdiction as shown by the said hereto attaeftd E.ahibit A and mme specifically described as follows: 118.09 eats of land in the W. Uttrell Survey A-740, the C. Cooksey Survey A-270, the John Beers Surrey A-30, the Susan Teague Survey A•1261 and the T. do P. R.R. Co. Survey A-1300 Denton County, Texas. ooc r. smro elf ©3i 17i 199J 15 Ns 4L tJwLE7 t 1 r~x r n~ v -i u AgmIda Ilem ' ~r? BEGINNWO at the northeast comer of the John Baker Survey A•50, also s~13 bra the southeast corner of the C. Cooksey Survey A•270 and in the west l~ We of the Susan Teague Survey A•1261; THENCE south V 56' 2T wjt a distance of 254205 feet to a point fa the wdsting city limib of Highland Village es shown by Ordinate No. M576 aad recotded in Volume 2902, Page 0676 Real Property Rccotds Denton County Tom% 71MCE with said city limits the following seventeen (17) cou=3 and ~ distances; I 1. THENCE north 2V 27' 2T east a distance of 13433 feet to a point; 2. THENCE north r 51' 52" west a distaacx of 105.11 feet to a point; 3, THENCE north 63. 58' 01" east a distance of 209.75 feet to a point; 4. THENCE south 530 01' 25" east a distance of 167.22 feet to a point; i S. TH NCZ north 70 02' 43" east a durance of 13735 feet to a point; ti. THENCE north 734 41' 27" east a distance of 142.02 feet to a point; 7. THENCE south 4' 44' 43" east a distance of 144.11 feet to a Point 8. THENCE south 29' 29' 10" west 0 distance of 30259 feet to a point; 9. THENCE south 30' Sl' i9" east it d%taam of 114.82 feet to a point 10. MWCH nosh 35' 39' 54" east a distance of I59.52 feet to a point; 11. THENCE south 40' 25' 05" east a dbtance of 83.63 feet to a point i DOC N SIM .2. i dihJ0 12. THENCE south Or 57' 19" west a distance of 12197 feet to a pcdnt; 13. THENCE south 8b" 15' 13* east a distance of 60.14 feet to a point; 14. THENCE south V 08' 22" east a distance of 164.43 feet to a point; 15. THENCE south 87 45' 26" cast a distance of 104.8 feet to a point; I 16. THENCE south 1' 41' 46" east a distance of 114.9 feet to a paint; 17. THENCE south 36" 12' 15* east a disco oe of 10227 f:et to a pcrlnr THENCE north 10 $6' 2T east a distance of 2564.36 feet to a point; THENCE south 34° 55' 03* east a distance of 28.81 feet to a point; THENCE south 7T 53'31' east a distance of 1100,0 feet to a point; THENCE north 29' 16'4$* west a distance of 76131 feet to a point; THENCE north 57° 53' 32" nest a distaaw of 696.21 feet to a point; LJ THENCE north 241 31' 56" neat a dim=e of 13824 feet to a point, THENCE north 35.49' wear a distance of 1064.2 feet to a point; THENCE south 7Y 44' west a distance of 7$.1 feet to a point in the east line of Bishop Road; MENCE south V 12' east with tho east line of Bishop Road 2485.91 feet to a point in the north lice of the 1. Baker Survey A•50; THENCE north 89° 41' east a distance of 14231 feet to the Polar of BeSkubg and contaiNng 11809 acres. So that Bald am shall be within the extraterritorial jurisdiction of the City of H*Wand Vftlage and that the City of HigWvd Village be able to institute annexation proceedings with rt:apw to saw area. Doc r. can .3. I' I 03~17~1453 1S@4 FR01 COWLES 8 THOrP64 '0 31'?di37 ~,ds ?7Aia NO Ag5alda item 3. 7U A&feemeat shall be filed for record in the Map Records, ,pen too unity, Teams. eams. 0. Any alteration, change or modification of this Agreement shall only be cffectivv upon the written coasent of both parties. EXECUTED AND SIGN LD as of the date first above written. CrrY OF DENTON ATTEST; By. Mayor City Se ry~`- APPROVED AS TO FORM: City Attorney i CTTY OF HIGMAND VII.T, QF, AITMSM By: Mayor city APPROVED AS TO FORM: CY.y Attorney ' W A MM J i - : CORIN 1H - - - - - - - V I` or,~ \ ` Y HICKORY CREEK COPPER = { L£f£N1 \~v7 CANYON rROI cou100M IMNOARr Q' C.~ - - ~ - - - I CORINTH KIND PEEWENT WTI( UNION, 1 '1[EK / ~c -r - - . - :::"X-'. LAKE LEW_ISVlLLE_-:::•__: - tel. • - - - - - - - - - - - - - 7 I . G clTr DF1 - H;VHLAND _ VI LADE, ~ 4 - COPPER CANYON . _ I I ~ PROPOSED COMMON JUSTIN AD (fM Iaj BOUNDARY AGREEMENT - i Jt\WPDOCS\RESO\HIGHLAN.RES NO ~aac'altbrn 0, RESOLUTION N0. / A RESOLUTION OF THE CITY OF DENTON RELIOQUISHING 11b.09 ACRES OF LAND COMMONLY KNOWN AS PILOT KNOLL PARK WITHIN ITS EXTRATERRITORIAL JURISDICTION TO THE CITY OF HIGH1,AVD VILLAGE SO THAT HIGHLAND VILLAGE MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Govern- ment Code, home rule pursuant citi s Section o authorized to fix their Local and exchange areas with other municipalities; and WHEREAS, the parties hereto are desirous of determining a definite boundary limit for annexation purposes in the area adjace;it to Lake Lewisville and more commonly known as Pil-_)t Knoll Park; and WHEREAS, in order to delineate and fix such boundaries, a release of extraterritorial jurisdiction is necessary on the part of the City of Denton so that ti:e City of Hig ;land Village may institute annexation proceedings in such area; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: &)ATION I. That the recitals as stated above are hereby found and determined to be true and correct. relinqu=ishees 1n favor oft the City of City of Denton hereb releases and within its extraterritorial jurisdiction described as follows: 118.09 acres of land in the W. Luttrell Survey A-740, the C. Cooksay Survey A-270, the John Baker Survey A-50, the Susan Teague Survey A-1261 and the T. & P. R.R. Co. Survey A-1300 Denton County, Texas. BEGIN14ING at the northeast corner of the John Baker Survey A- 50, also being the southeast corner of the C. Cooksey Survey A-270 and in the west line of the Susan Teague Survey A-1261; THENCE south 10 56' 27" west a distance of 2542.05 feet to a point in the existing city limits of Highland Village as shown by Ordinance No. 90-576 and recorded in Volume 2902, Page 0676 Real Property Records Denton County, Texas; THENCE with said city limits the following seventeen (17) courses and distances; 1. THENCE north 280 27' 27" east a distance of 134.33 feet to a point; Nand aNa -e1-3~ A,hadalte%-~,~ 2. THENCE north 80 51' 52" west a distance of 105.111 feet to a point; 3. THENCE north 630 58' 01" east a distance of 209.75 feet to a point; 4. THENCE south 530 O1' 25" east a distance of 167.22 feet to a point; 5. THENCE north 70 02' 43" east a distance of 137.35 fees to a point; 6. THENCE north 730 41' 27" Feast a distance of 142.02 feet to a point; 7. THENCE south 40 44' 43" east a distance of 184.11 feet to a point; 8. THENCE south 290 29' 10" west a distance of 302.59 4 feet to a point; I` 9. THENCE south 300 51' 19" east a distance of 114.82 feet to a point; 30. THENCE north 350 39' 54" east a distance of 159.52 fret to a point-; 11. THENCE south 400 25' 05" east a distance of 83.63 feet to a point; 12. THENCE south 00 57' 19" west a distance of 122.97 feet to a point; 13. THENCE south 880 151 13" east a distance of 60.14 feet to a point; 14. THENCE south 896 08' 22" east a distance of 164.41 feet to a point; 15. THENCE south 896 45' 26" east a distance of 104.8 feet to a point; 16. THENCE south 10 41' 46" east a distance of 114.9 feet to a point; 17. THENCE south 360 124 15" east a distance of 102.27 feet to a point; THENCE north 10 56' 2711 east a distance of 2564.36 Poet to a point; PAGE 2 THENCE south 340 55' 0391 east a distance of 28.81 feet to a point; THENCE south 770 53' 31" east a distance of 1100.0 feet to a point; THENCE north 290 16' 45" west a distance of 761.31 feet to a point; THENCE north 570 53' 32" west a distance of 696.21 feat to a I point; THENCE north 240 31' 56" west a distance of 1382.4 feet to a point; ' THENCE north 356 491 west a distance of 1064.2 feet to a point; THENCE south 72° 444 west a distance of 75.1 feet to a point in the east line of Bishop Road; THENCE south 0' 12' east with the east line of Bishop Road 2485.91 feet to a point in the north line of the J. Baker Survey A-50; THENCE north 890 41' east a distance of 142.51 feet to the Pint of Beginning and containing 118.09 acres. su that said area shall be within the extraterritorial juris- diction of the City of Highland Village and that the City of High- land village may institute an.iexation proceedings with respect to said area. SECTION 3 ~~s That this resolution 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, PAGE 3 Agonda No AgendallerrL.~C~.S_~ L3 13 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY n r PAGE 4 CITY COUNCIL E l h `1 l O 0 0 oe ' ~~OQ OCt * 000 Agenda It ~X# D CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS (776201 1 MEMORANDUM i DATE: M .ch 16, 1993 TO., Lloyd V. Harrell, City Manager FROM: Harlan L. Jefferson, Director of Treasury Operations / SUBJECT: REQUEST TO WAIVE PAVING ASSESSMENT / ' I Annually, individuals contact our Tax Department and express their surprise that the property that they recently purchased has a paving lien against it. Often these individuals have made private arrangements to purchase property without the benefit of a formal title search. As a result, they are normally forced to pay the 111 original agreed upon purchase price plus any outstanding taxes and liens. Altho:igh these individuals are normally disappointed when we tell them about outstanding taxes and liens, they generally u nderstand our procedures and accept responsibility to pay the out liens, we sgdebt. In an t to find recedence for the CityaSecretary's and City Attorney's records for the last eight years. This search did not reveal any situations in which the City Council waived a paving lien. Becaof the above use direct who asked usoquestio s about outstanding taxesaand liens to title companies so that a thorough search of outstanding liens can be made. Title companies accept responsibility to locate all outstanding liens and they pay off all debt(s) that they are negligent in reporting. If you have any questions or comments regarding this matter, please do not hesitate to contact me. AFF00555 8171566.8200 DIFW METRO 434.2529 I 1 HANDOUT TO COUNCIL 4-27-93 TO: DENTON COUNTY CJti.;I S'u`, 'H.; i.OU'.a CITY OF DENTON ARMY CORPS OF ENCEtd'cEn:; CITIES OF: HIGHLAND VILLAC~: COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER C`-1.n': 0'; OIo[i SURROUNDING AREAS ' We, the undersigned acv to the annexation of Corps of Engineers property to ti« it the City of Highland Village and east of the City of C,.inyon, (southwest shore line of Lake Lewisville) including tie Pilot Knoll Park Recreational area by the City of Highland Village, (Sea attached map.) Name Address rt( l,~Sr~:%J C arc ~ ,>~!~r'~~h ~ ti C.tn-,t", -v , . i Ail <,4c?=_- - ~~';1 l~tcl i N T ~a-cam i, G y rim 4~, ,ti. c" rit / ' ~ i TO& D£NTON COUNTY 'JFi:,:SS! j:.cites CITY OF DENTON ARMY CORPS OF ENOi?f-- EHS CITIES OFt HIGHLAND VILLAGE. COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER ii"E SURROUNDING AREAS We, the undersigned are op poe_d to the annexation of Corps of Engineers property to the ;est of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) Including the Filot Knoll Park Recreational area by the City of Highland Village. (See attached map.) Namy .Address R~_X"~ Sri 77 ,i~' i.t ~ 7 z 7! 77- 121 1♦ I, w T0: DENTON CITY OFDENTO COUNTY COMMISSIONERS COURT N ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE We AND ALL OTHER CITIES IN THE SURROUNDING AREAS r the E undersigned are Engineers undersigned the wespposf of ethetCit xation of Corps of east of of Lake City of Highland Vi the a ig Lewisville} IncludingotheCPilot Knollr~Parkoecret hland l line ao Villa Recreational area by the Se. (See attached map,) ~ Name Address. Lr~,, =~f~ /r TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDIP0 AREAS ' We, the undersigned are opposed to the annazation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) j Name, Address 0 Aso E ,dc v11 All {l, r-y .S ~P~cwodc~ Y ~ So t-a rNk'R a p 7 t N re 1 7 -7- Q A T0: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) Name Address 41,4 ~fe P/, r7rf l, '3 - -7 c' f3es)( /21/ r',x. 7Gc23 f ,,L o z, 3 (iL L~ 1~-CC tit ' 3 c 1,~. l`~ " ~?Lr r. Ti 7Lc 0 4el T0: DENTON COUNTY COMMISSIO1JERi COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of east of the City of Copper Canyon n , (southweHighlan Ville and st shore lineaof Lake Lewisville) Including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) ~ Name 1 Address l2 V Q~ / 9 7 ir/ G~.,nn c . -c Al eAdov<l f,..,,,s .4 . y TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE I COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS i We, the undersigned are opposed to the annexation of Corps of j Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (south4est shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Ht hland Village. (See attached map.) Ppa Address zw~ I gas Y 1 S plc ~ ~ ~,I el- ~ck J i 1 TOt DENTON COUNTY C7ijR1' CITY OF DENTON ARMY CORPS OF E114INEL;,S + CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER HOU14D LEWISVILLE AND ALL OTHER Ci'fl:. [N' rHE SURROUNDING AREAS We, the undersigned are cpp Li ed to the annexation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Cuppvr Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village, (See attached map.) Name Address r ii. rz./0A j e-j( rr ~ L s.-O p ~aR~i 0 ,T t.1 L.INl, .SL3 ~iJtliDU[ t + [J• ar C MqW7-/,94~ lie rul ~ ; 7 6 r~~~,.creL[.J 04 9 `.elt I vYi ♦~'~wy ' Ot'r DENTOIJ ~rj:I,'!T% COMMISSIONERS COURT 'CITY r'::JTON 1y J,~ , QF ENGINEERS ':~s•~ ~7•'~ c !JD VILLAGE; ' A.. ''4 CANYON ti MOHD I S'J-AND ALL OTHES CITIES Itf THE SURROU;JDI„7 f Vg0 tA9 r` r ~tr•~rlers19ned are oppooed to the a:.' rps of rtgln^rrei ~,,•ty to the went of the city of f,•~ and Gas 11, i ty of 'Copper Canyon ewist~r; r (soy., Lake ding the Pilot Knoll Park R then' °a .City oy Village. (See attached map.) 4 Qe; Address I lip 00 est .40 IWZ i~}+ pR • ! r . , ' , all" (mil ~ 1 r \ 1r 7~ Tor' I i i 6 ' i TO$ DE'NTON COUNTY COMMI53ICNERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OFi HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROU14DING AREAS _ We, the undersigned are opposed to the annexation of corps of Engineers property to the west of the City of Highland Village and east of the city of Copper Canyon, (southwest shore line of Lake Lewisville) Including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached rap,) Name Address i ' 9 r G/. L✓Gl~lrJ 1L~ ~lR~cEt[,9 ` ell "WALD I r~13 4L.,f.Ati'IaIL! Tk 7 S~ C~ Z Jrgfv~s 6vrfV~,r c 01 kfs F..terle rh4L,4 Mme, ercA- 6bRTq ~ ~n~L•` y - - illns.•/.~: 1~", +Rc~:"z °Z l ~ ,w,r 'C n ' ~Ci~ J.+ C'AA/S/DAI 7R 7f iL7 1 { 7 'k'' CL=, 1~>Gl(~/i' jam' DC cv, arGf,~;ryv _ ~.~~.~.rlT t ,~,c 1A It T0: DENTON COUtiTY COMMISSIO CITY OF DENTON HERS COURT ARMY CORPS OF ENGINEERS CITIES OF: 1 HIGHLAND VILLAGE COPPER CANYON 1 FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS Ne, the undersigned are opposed to Engineers property the east of to the west of the City the annexation of Corps of City Y of Highland Village and Lewisville) including Copper Canyon, (southwest shore line of Lake City of Highland Village. Pilot Knoll Park Recreational area by the 8 (See attached map.) ' Name _ / Address r n 7 } > TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CA14YON + FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are o En sneers PPosed to the annexation of Corps of ~ g property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by thi City of Highland Village. (See attached map.) , Name Address - e c- .7 zx 77~ 7 3 ell _ .62 _ -5Y e) 461 11t.~ ~u ccC~ JJZ7 ~r.~/ d't , 't 71t Q.ctrlc~4 z il ~5 , 1 f TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OFi HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS W's, the undersigned are opposed to the annexation of Corps Engi of eastneefs property to the west of the City of Nigh land Ulilage and , nd City of Copper Canyon Lewisville) including the Pilot Knoll Par(suthwest koRecreationalearea City of Highland Villa e. line of Lake i ~ 8 (See attached map,) by the Name Address P. 6CArR /J b ctnt. e..k./~ rl l+c AHWW'- v eVe CIP - - T0: DENTON COUNTY COi"1:5:iI01ER COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDIVO AREAS We, the undersigned are oppooed to the annexation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Copp,.r Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village. (Sac attached map.) Name Address ~r J 1 • c 01 c ~ i L r•~ ) ~ ~ sf`-; .fit ell, C r Z)? 1 L Y T y TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS ` CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of east of the Highland Village and City of Copper Canyon, (southwest shore line of Lake Lewisville) Including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map,) r~Name Address )tr.: ;N1 ev 6a ~Z- ,r /T- ~ y t J r-^ II T0: DENTON COUNTY COh1MIS5I0P;ERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OFr HIGHLAND VILLAGE COPPER CANYON FLOWER MrUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are oos,q Engineers property to e+ t0 the annexation of Corps of east of the the westpofthe it LewisvSlle) i ncludfn of Copper Canyon C , (southwest y of Highslhaond E line Ytllage and ne of Lake City of Highland Villa the Pilot Knoll Park Recreational area by the g e. attached map.) Name` Address ~r A iotl .4 4 r \ LLB TO! DENTON COUNTY COMMISSIONERS COURT CITY OF COUNTY ARMY CORPS OF ENGINEERS CITIES OF: 1 HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City or Highland Village. (See attached map,) ~I Name ,-i Address _ ✓ `'U`~''''~ ~ % 1, , , i- , J'.3 1, t 7' Q( / n L _ d~~1'J~T 1l.FT/fin J I I TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGIiLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lace Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) Name Address }fin.., •>r, ..,~J /~J [I, . 4 ~4/ 5 I rl/L1 TT ntriF 1Jk, ~f f E K C.! nrYO, tyro 6 7 (iL-t 1'ri-1 S /1~r~ ~ ESIR k5 1~ /t. le_s - 4~s Ssi~ 1 TO, DENTON COUNTY COMMiS5I0NEFS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF; HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE We, AND ALL OTHER CITIES IN THE SURROUNDING AREAS the undersigned Engineers are property t opposed to the annexat'on of Corps east of to the west of the City of Hlghla~d Lewisville)hln°ludin °f C"per Canyon, (southwest Village and City of Highland VIga a Pilot Knoll Park Re°etlShore Shore of Lake 8`. (See attached maparea by the Name Cr)s1~1 T Address A t 1 v + ~9 .1 Yt~ - - - - - - - - - - - - j.•.. --------------.4 01 c- A) ,s) -:ice ,o r^- -lei 01 I T0: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLA14D VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS Wer the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of Highland ::Ia"e and ~ east of the City of Co Lewisville) Including the Pilot KnollrParkoRecreatisnal -7, t or L tah e ke city or Highland Village, (See attached map.) , i Name Addre3s ~CAr DC~I`~To~l !~i 3 C 43"o- , /A A ~,c 730 z3 & -4-e it r~ lr~~ 3f1 L~_ L T0: DENTON COUNTY COMt11 CITY OF DENTOtJ SSI0tlERS COURT ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES ItJ THE: SURROUtJD[NG AREAS We, the undersigned ar, Engineers propert c °PPosed to ltLh annexation oC Corps of east of the Y to the west of the Lewisville C1tY or Copper Canyon y f llighlanl 1la~e including a nd the pilot Knoll Pa r30Uthaest shore linr_ City of Highland Village. Recreat iona l of Lake N (See attached map.) area GY the Name Address t Z.7 i r T---, s 4 Ow ~J 1 TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF. HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) I Name Address 1 / / ~2;~• ~ ~-k..L'.~, ~,r~sr c.'c~~..lJsf"itf /4~ t~'~r~U. F76Z yu►,) ~l~ 5t ~v~ uy►0A) L5 vy r Ain '-1 36D ~7 Ana .,Vy,.q,, , Z i rc 4 1 TOs DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the city of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village. (Sae attached map.) Name Address fRi ~~Cc•, - ~7U4 S~~r7. Cpl ,J _POnr.N rX 7L I(% 'vr~ 2a ~,i,,rtv+on ~C~YurC UW-go 7-4- IAZ/ ,6,4 LnL- Fiis LL"t/P, L r` OAic rX 75'u l - ` J- ~_L ~~~7 CD~DV~gI F44trHOvOQ, Ty 9s a~~ TO: DEN TON COUNTY COMMISSIONERS COURC CITY OF DENTON ARMY ~,ORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES Itl 'fHF: SUiiHOUNDI NG AREAS We, the undersigned are opposed to t11,, aii no Yatior, Corps of Engineers property to the west of thu City of highland 'village and east of the City of Copper Canyon, (south~est shcre line oC Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) dame A0,lre~is 1 r /4'. .V.n: 7 7 c^'F~•~ = All I T0: DENTON COUNTY COM CITY OF DPNTON MISSIONERS COURT ARMY CORPS OF ENGINEERS CITIES OF; HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SJRROUNDING AREAS Wei the undersigned are Engineers property to the west of t to the east of the City of the annexation of Cops of Lewisville City of Highland Yfllage and ) IncludingotheCPilot KnollnParkoRecreationale 1 City of Highland Village. line (See attached map,) area b~ the ( Address / V+ try ' ~LG6./ A 1' „r•~. }t-J.LI1_f ~.~~•~~7,t ' + Tom, TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES CF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of corps of Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) Including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) I 4 Na~e A Address vj}i Ct2 t ' ~y- }r ^ yf-i~GG'e---_,/y~.~r"\-~~ 'S •111 l[`11Lltwt ~ li ) ~ ~i-}~.~ t iN t ~ 1•~ i te~r' ~ - I . • ~ i t, r i ' if .,tip r i s ~ V TO: DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) Name Address ci 171 t~ . r ~1 C Tl l ii 1 t 1~ c~ LAG i)J1J_ 64: r- f I. a ~C 7G •t 'L~ -IN "j In '}1 c,~ /1 9, Al y 10 1 TO. DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF; HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES im 'fHE SUHROUIIDING AREAS We, the undersigned are opposed to the arrnexaticn Engineers property to the we east of the City or Co yt of the (;it. of i and 7 ~ i ~ Cor-ps or cst : e or and Lewisville) including the Pilot KnollnParkoRecrr••eatiJ11,<<rlrn of Lake city of Highland Village. (See attached map.) t'y the Name Address; 11 -11W a-21--k iv i J TO. DEPlTON COUNTY COt1t1ISSZONE RS COURT CITY OF DENTON ' ARMY CORPS OF ENGI;lEERS 1 CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTIiF.R CIii S IN THE SU'9)UNDINC AREAS We, the undersfEne., ara Engineers propert o'p osef to tl;e annexation of Cor ns east of y Co the west of the City of Highland ti'illa e and of Leufsville)hincludin or Copper Canyon, ;southwest shore line of Lake g the :lot Knoll Park Recreational area by the o Highland Village. (Se City f e attached map.) Name Address 1SSS~~~ ~•Mldk~?,._~, ! 7E;i c. 1. "41 ~e:- / t1111 T0: DENT017 COUI7TY COhIMI5SI017EAS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS ! CITIES OF: HIGHLAND VILLAGE 1 COPPER CANYON FLOWER IiCUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDII7G AREA; We, the undersigned are opp0jQj to Engineers property to the we sC Cha °"ner.eti r of Corps of east of Of the CtLy of }{ighlanl 4i 11 the City of Copper Canyon, southwest show; °L'= and Lewisville) including the Pilot Y,noll P ark Recreational aria t h e City of Highland Village. (Sec attached { mar). of Lake p.~ , n Address 21 _ P - - - TO: DENTON COUNTY COMMISSIONFRS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGHLAND VILLAGE COPPER CANYON FLOWER 11OUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS i We, the undersigned are o Engineers pro pert PPosed to tiro annexation or Corps of east of i P Y to the west of the City of Highland ViIla6e acrd east or t hlncludtn o Copper Canyon, ;southwest shore line of Lake Lewisville) E th Pilot Knoll Park Recreational area by the ~city of ighland Vtllag (See attached map,) lam Addre:;s ef/ i TOi DENTON COUNTY COMMISSIONERS COURT CITY OF DENTON ARMY CORPS OF ENGINEERS CITIES OF: HIGELAND VILLAGE COPPER CANYON FLOWER MOUND LEWISVILLE AND ALL OTHER CITIES IN THE SURROUNDING AREAS We, the undersigned are opposed to the annexation of Corps of Engineers property to the west of the City of Highland Village and east of the City of Copper Canyon, (southwest shore line of Lake Lewisville) Including the Pilot Knoll Park Recreational area by the City of Highland Village. (See attached map.) I Name Address C~- I i r _ CORtHiH jr® PROPOSED ANNEXATION HICKORY CAEEX r - - P, lot• Kno 1 , COPPER 1~ - CANYON Park - tZfl - - 1 1 _ CITY OF-1 - - - _ - - - LLLLLL HIGHLAND COPPER ~ - CANYON; ' . MTtN u 4922- EXHIBIT NO, i J y HAND~,O~,UT TO COUNCIL 4-27-93 JUDGES DARLENE A. WHITTE.N COUNTY COURT' AT LASH NO. 1 LORA THOMAS COURT COORDINATOR DENTON COUNTI', TEXAS COUNTY COURT AT LAW NO t 81789&5870 710 5 WOODROW COURT CLERK, 81789&5873 UEN'1'ON. TEXAS 76205 COURT REPORTER. 817-898-5872 - April 27, 1993 , Dear Council Members: It Is the Texas legislature and Constitution that determine which courts have authority over particular matters. By law, the juvenile courts do not have original jurisdiction over class C misdemeanors. For those minor offenses jurisdiction has been vested by law in the municipal and justice courts. Because there are some youth whose misconduct needs special attention, there was added to the basic jurisdictional scheme a process for lower courts to transfer minor offenses to the juvenile court. Such a transfer has the effect of increasing the punishment for the offense. in Texas, offenses are classified according to the penalty the legislature decides is -Appropriate for the seriousness of the conduct. There are four classifications for felonies. There are three classifications of misdemeanors. The juvenile court has jurisdiction over felonies and classes A and B misdemeanors. As a consequence of a juvenile proceeding, a younll person can be put on probation for up to a year, removed from the house and placed either with so-3e other suitable adult or with an institution, or placed with the Texas Youth Commission. i In 1992, the Juvenile Court for Denton County ptr~cessed close to 250 serious juvenile offenders who are City of Denton residents. This is our role and we welcome the opportunity to address the problems of these youths. Although our options are limited in dealing with juvenile offenders, we have been successful with many of these young people; i.e. we have had no reports of additional violations of trio law. I have asked Peggy Fox, Chief Juvenile Probation Officer to supply the City of Denton staff with statistics for these Benton youth. I T The Texas legislature has decided that a juvenile court does not have original jurisdiction over Class C misdemeanors. The Texas legislature has in effect decided that conduct classifiable as a Class C misdemeanor should not subject a child to the same level of penalty as that for a class A and Class B misdemeanor. And interests of the child be s coFamily code mandator, that the nsidered when dealing with youth. best when dealing with juvenile offenders the Family Code further mandates consideration of the least restrictive method of rehabilitation. One thing we know about hold them accountable, the less likely they offenders! reoffendner we There are several options allowed by sections 52.01 and 52.02 of the Family Code for dealing with less serious offenses. These include issuing a warning notice to a child, releasing a child to his parents, or referring the child to a first offender diversion program authorized under section 52.03. None of these alternatives j requires processing by a municipal court. It is true that Denton has some wonderful preventative programs like D.A.R.E., P.A.L.S., and D-FY-IT. These preventative programs are needed, I heartily endorse them and personally admire those people who are involved. None of these programs is a diversion program for first offenders under section 52.03 of the Family Code. It is my belief that some of these programs could be adapted to fit into a diversion program. Juvenile files have to be kept separate from adult files. This can be a separate drawer or a separate file in a computer program. There is a procedure by which the Judge of a court can J order files sealed or by which a juvenile can seek to have files sealed. In County court at Law No. 1, I have chosen not to automatically seal juvenile records. Juvenile offenders are f:ubject to the laws of arrest. I have not researched any restriction on the authority of Municipal court to have juveniles arrested. The "arrest" is called "custody" for a juvenile offender and I regularly issue Orders for Immediate Custody. Ih I certainly have no way of anticipating the number of class C misdemeanors that might be filed. But the Denton Independent k School District, via Anita Stipnieks, does not believe that the Zero Tolerance Policy will add significantly to that number. Dr. Stipnieks tells me that school fights have decreased from 39.9 to 3 per month in the four week reporting period ending April 21, 1993. If there are serious fights, the participants would be r brought directly to the Juvenile Detention Center. Under section 54.08 of the Family Code the judge has discretion about admitting members of the public to hearings for juveniles. There are some federal guidelines that require that juvenile and adult offenders have no contact with one another when in custody. It is my hope and belief that we can address the rehabilitation of juvenile offenders in a cooperative manner. Li,ncerely,, Darlene A. Whitten Designated Juvenile Judge County Court at Law No. 1 ITV M `f I HANDOUT TO COUNCIL 4-27-93 W & W Auto Sales & Salvage 5075 Barthold Road Denton, T!zu 76207 MC14817)430-3847 (817)566-6536 April 240 1993 i I i Denton City Council i 215 E, McKinney Denton, Texas 76202 Dear Council Members: This letter is to remind you that we are scheduled to meet on April 27, 1993 at 7:00p.m. in City Council chambers and to inform you that I will be there to voice my grievances. Respectfully, Willard E. Simpson