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Home My WebLink About08-10-1993 ~pendaNo ~ ' Agenda to 1Atg r n Case No. Z-93-W July 14, 1993 Page 4 ANALYSIS, continued This policy would be violated. Therefore, the Denton Develop- ment Plan states that if the intensity trips are in an over- allocated status, a disproportionate share allocation must be analyzed. a. The location of the proposed development in reference to existing or proposed public facilities, such as streets, water or sewer lines, and drainage facilities. All infrastructure is in place to handle this type of land use, b. The topography of the land in the planning area and the proposed development. No major modification of natural drainage areas, removal of large masses of trees, leveling of hills, and other major topographical modification are to develops however, if multi-family use (current zoning) were to take place, there could be major modifications. c. Compatibility with existing an4 potential land uses in the areL and surrounding areas. There is a retail shopping center to the west of this site and an apartment complex to the east. The Commission views an antique shop or professional/administrative offices, or like land uses would act as a proper land use transition between apartments and retail. In addition, by the condition of increased landscaping and buffering along the northern boundary, the residences to the north should be protected. d. Protection of older neighborhoods and single family housings diversity of housing; and the concentration of apartments and office/retail sites. One of the conditions the Planning and Zoning commission is recommending is that the main structure on the site maintain the existing residential character. No additions will be allowed on the main structure and no other build- ings except the garage or an accessory building, will be allowed on this site. I Agenda No _ Agenda item cote _ Case No. Z-93-018 a July 14, 1993 Page 5 ANALYSIS, coAt;nued Although the intensity policy is violated the Planning and Zoning believes a disproportionate share allocation is warranted as this type of use would not have a negative irpact on the surrounding properties and, in essence, by placing strict conditions on this parcel, this type of use could be less intense than the "by-right" use that the current MF-1 district allows. 4. Sufficient green spacas, recreational facilities and diversity of parks are provided. The applicant would be required to construct a parking lot. This lot is planned along the western property boundary, next to the parking lot of tho shopping center. All other space is to remain opened and landscaped. 5. Input into planning by neighborhood associations and councils is encouraged. This policy is intended to generate Input and not veto power. The applicant has not held a neighborhood meeting, however, they have gone around to the neighbors and discussed their plans. Staff has not heard any negative feedback from the neighborhood. 6. Concentration/Separation Polioy. Any neighborhood service center should be located at least one- half mile from any other retail center. In addition, the Plan states that these neigghborhood service centers should not exceed three (3) acres in size if they have direct access onto a primary or secondary arterial. The shopping center directly to the west of this property is approximately 1.12 acres in size. The fact that this property is adjacent to a shopping center, and the center is less than three (3) acres, we could add the .52 to the 1.12 acres, making this neighborhood center 1.74 acres in size, still under the allowed three (3) acres. Providing the following conditions are approved, the Planning and Zoning commission found that the request for general retail with conditions would comply with the policies of the Denton Development Plan. k AgsndaNo Agendalrem Dafe.u` ' Case No. Z-93-018 O July 14, 1993 Page 6 RECOMMENDATION 1. The Planning and Zoning recommends approval of Z-93-018 with the following conditionsi a. A landscaping screening and buffering shall be located along the northern property line and shall be no less than fifteen (15) feet in width containing the existing trees on the site as well as five (5) gallon red tip photinias planted eight feet on center. The purpose is to achieve a solid vegetative screen in lieu of a wooden fence. Prior to issuance of a certificate of occupancy, the landscape buffering plan shall be approved by the Planning Depart- ment. b. No major structural changes may be done to the existing 31100 of, &tructure. This structure shall maintain the same residential character that exists at the passing of this ordinance, this shall include adding any additional square feet to the main structure with exception to an outdoor patio. The patio and garage shall not be counted in the gross floor area. c. No product is to be sold outside of the main structure, this includes no display on the patio/porch. d. No outside advertising for any accessory use will be allowed. Maximum gross floor area of any accessory use shall not rxceed 20% or 400 of. of the entire main structure. f. No food preparation which involves cooking will be allowed cn site. g. The following uses shall be prohibited: Community Unit Development Hotel or Motel College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) n.•p A, y ApendaNo ' Agendalte Case No. Z-93-018 Date n r July 14, 1993 Page 7 RECOXNENDRTION, continued Hospital (Chronic Care) Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playqround or Public Community Center School, Private Primary or secondary School, Public or Denominational School, Business or Trade Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Firc Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to main Use Radio and/or Television Microwave Tower Off Street Remote Parking Sewage Pumping Station Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Amusement, Commercial (indoor) Country Club (Private) with Golf Course Dance Hall or Night Club Public Golf Course Public Playfield or Stadium Swim or Tennis Club Theater, Other than Drive-in Type Railroad Passenger Station Railroad Track or Right-of-Way Commercial Parking Lot or Structure Auto Laundry Auto Sales and Repair (In Buildings Gasoline service station New Auto Parts Sales Stores Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or weaving shop Florist or Garde'i Shop Greenhouse or Plant Nursery (Retail) t a #gendaNo +gendanlte Case No. Z-93-018 ~O~ n July 14, 1993 pQ Page 8 RECOMMENDATION, continued Household Appliance Service and Repair Laundry or Cleaning Self Service Mortuary or Funeral Parlor Off Premise Sale or Beer and/oz Wine On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops - 40000 square feet or less Retail Stores and Shops - Over 4,000 square feet Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodge or civic Club Private Utility Shop or Storage Yard Sewage Treatment Plant Water Treatment Plant Stable, Private Club Theater, Drive-in Airport Lhnding Field or Heliport ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 30 Deny petition 4. Delay consideration I I ATTACHMENTe I 1. Location Map. 26 Table of Permitted Uses in GR district. 3. Minutes of P&Z meeting of July 14, 1993. AXXD042S r QUnOaNo 3 ~oenaa~;emn ATTACHMENT 1 ' X3.018 Briggs ` 79 NORTH \t~ Hopp 4 0 , ~ ♦ `1~ . f d 61 :AItt oairwt a~'4n ~ 1h[Q i . ®a o~~®0 D®® IS SI'D`E 11 UO t\J 0 VAL ~ ra~ti f ~ ,©®~D ® Mt4 L__J \ `y ®SJ~ trtrst QV~ DD Q QQ >r p C_ Ito cwlo A[" In v oA 00 comaD© 04R C l Q =lfKKfAT Location Map late: 7/2/93 Scales None gaWaN 9 3 `036 bondaq~t~~ ATTACHMENT 2 hit 1+Ga+l General Retail District ~~0 a y P~AlIITTED OBE81 Primary Residential Uses community unit Development House X Hotel or Mot• or Rooming Educational. Ins it+tional i ~oeofal Usk r Mus C urch or Reotor M0 age or n varsity or Private School ?c Community Center (Public) XDay Nursery or Kindergarten School ,AGroup Homes 149alfway House *Home for Care of Alcoholic, Narcotic or Psychiatric Patients yRospital (General Acute Care) ?LHos ital C conic Care ns u ons o • oas or anthrop c a fWbllo Libra Monastery or Convent XNursing Home or Residence Home for Aged )LOccasional sales XPark, Playground or Public Community Center )SSchool, Private Primary or Secondary )School, Public or Denominational School, Business or Trade Utility, Accessory and Inoiden .t ++■e■ Occesso Bu ommun. y Center (Private) ).Electrical Substation )Electrical Transmission Line ?cTemporary Field or Construction Office (Subject to Approval and Control by Building Inspector) NFir• Station or similar Public Safety Building $ Gas Transmission Line and Metering Station XHoms Occupation Off Street Parking Incidental to Main Use Radio and/or Television Microwave Tower XOff Street Remote Parking Isewag• Pumping Station r mBE Poo Te ep one, ss Office C= - Permitted Uses. X - Not Permitted. s a9eMtiVe Apndslt ra4 !~dAO' General Rat,ail Distriot (aontinuedf Utility. Accessory and Yncidental Uses (continued) V TelQphone Line and Exchange Switching or Relay Station yWater Reservoir, Water Pumping Station or Well Recreational and Entertainment Uses X Amusement, Commercial (Indoor) Y Country Club (Private) with Golf Course Dance Nall or Night Club Public Golf Course X Public Park or Playground ).Public Mayfield or Stadium (Swim or Tonnis Club *Theater, Other than Drive-in Type Transportation Related Uses ~Railroad Passenger Station *Railroad Track or Right-of-Way yCommercial Parking Lot or Structure Automobile service Uses )Auto Laundry xAuto Sales and Repair (In Building) yGasoline Service Station VNew Auto Parts Sales Stores Retail and Service Type Uses nt a Sho acery or Confectionery Shop (Retail) ~cCafeteria yCleaning and Pressing Small Shop and Pickup kCuston Personal Service Shop VDrapery, Needlework or weaving shop IOFlori►it or Garden Shop YG enhouse or Plant Nursery (Retail) an y ousia o Appliance Service and Repair nd er l-4nina self 3orY1Ge ltimooarach. _Sta o r R Letter Sho ~C~TOY u T p'~n~r~l Pwrnr_ ces, Professional and Administrative 3 +oendeNa 9 - 11 11 (~e w - 9' ~ 3o~'a y $pkai_,__1 and~~yica Tvoe la ea f on i )(Off Premise Sale of Boer and/or Wine XOn Premise Sale of Beer and/or Wine )4Licensed Private Club XRostaurant WRetail Stores and Shops - 4,000 square feet or less )4tB&ta_I_UAUkor ii a and Shoos - Over 1 cS~uaie for c 1000 square lest ea uruu- Itural Tvn„"" )Animal Clinic or Hospital (no outside rune or pens) XFarm or Ranch Kreenhouse or Plant Nursery p6BMITTED t16E6 MITE ApPAOVED 8P IlIO Educational Inetitttion ------~~dL3r_8neaial r■.■ XCemetery or Mausoleum Y Fairground or Exhibition Area kFraternity, Sorority, Lodge or civic Club 1LtilitY, AC ae■nr.. ) ~Publlc Private Utility Shop or Storage Yard Bvi )Sewage Treatment plant yard of Local, State or Fedora] Government YWator Treatment Plant $~reatlona entertainment un )(Stable, Private Club )Theater, Drive-in Tr3riecort,,.~atie~~Relate___d Useg YAirport Landing Field or Heliport ,a 4Aand~No. ~3_ ~ Agendilt uOAn Snare 08te._ l• -----~~1 Retail_piT~2lot foont /lrQ Y~ AEOUIRP~d~ Front Yard: Side Yards Minimum 25 feet No aide yard lu specified for residential non- usa oY~:ept where a non- residential ua; abuts upon a district boundary line dividing such districts from a residential adjdistrict or wren the sid• yard is acent to the street, in which event a hall be tan (30) toot aids yard s Rear Yard: provided. No rear year is specified for non- residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a .,iinimum of ten (10) feat shall be provided, ~ISiar RtOO~ ~T*~~ Three (3) stories, except as follows: In the districts where the height of buildings is restricted to two (2) or three (3) stories, cooling tovera vent stacks may extend for additional height f not to~exc exceed chimneys (45) feet above the avere • Water stand pipes and tanks g ghrade line of tips building . school buildings and inst{tuchurch tionals buildings°mas and spires, and be erected to exceed three (3) stories in height in residential areaas restricted to two (2) or three (3) stories additional foot shalt be added to the widthhend depthaof side and rear yards for each foot that such structures exceed three one Stories in height. (3) ppryryer~ 1. SParking (Based on use, See Article 15.) 3. Lighting 4. Landscaping 5• Screening i Fencing He3 _ ATTACBMENT 3 MINUTES PLANNING AND ZONING COMMISSION !Sa July 14, 1993 The regular meeting of the Planning and Zoning Commission of the City of Denton was held on Wednesday, July 14, 19931 in the Council Chambers of City Hall, 215 E. McKinney. PRESENT FROM P&Zt Chairman Engelbrecht, Ivan Glasscock, Mike Cochran, Mary Evelyn Huey, and Richard Cooper. ABSENT FROM P&Zt Katie Flemming, Melvin Willis PRESENT FROM STAFF$ Frank Robbins, Executive Director of Planning and Development) Karen Mitchell, Urban Planners Owen Yost, Urban Plannert Mike Bucek, Assistant City Attorneys David salmon, senior City Engineert John McGrane, Executive Director of Finances Jennifer Walters, City Secretaryt Cindy Cranford, Secretary. Chairman Engelbrecht called the nesting to order. I. Consider approval of the minutes of the regular meeting of June 23, 1993. Mr. Glasscock moved to approve the minutes as written. Mr, Cooper seconded and the motion carried unanimously. III. Hold a public hearing and conr,ider rezoning a .62 acro tract from the MF-1 district to the General Rotail district with conditions on property located on the north side of University Drive, approximately 250 febt east of the Locust Street intersection. The public hearing was opened. STAFF REPORTt by Karen Mitchell Ms. Mitchell reported there were 18 owners notified, and no replies were received. Mr. and Mrs Keith Briggs have requested a rezoning of a .62 acre tract from the MF-1 district to the GR(c) district with conditions. North of the property the zoning is SF-71 Texas Woman's University is located to the south, there are apartments and MF-1 zoning to the East, the area to the west is zoned GR. All utilities are adequate for this type of use, Prior to constructing a parking lot, the applicant must secure a parking lot permit through the Transportation Engineering Department. The proposed use will not have a negative impact on the existing infrastructure. The property was zoned multifamily-one via the 1969 zoning map, adopted by the City Council. On December 1, 19871 the City Council denied case Z-1871 which was a (Koch ko 3 ' oenda It Minutes Planning and Zoning O ~4 July 14, 1993 Page 2 Developmentr districtl for a miniature P golfs courselawith accessory buildings. At the ti-10 of this case, the Denton Development Guide placed this area in a moderate activity center, however, the adopted Denton Development Plan (1998) placed this tract in a tow intensity area. The site is now in a low intensity area which it for the protection Lt,d preservation of residential neighborhoods. The applicant desires to convert the existing 3,100 of, (approximate) structure into an antique shop with an accessory use of a tea room. The policies of thr Denton Development Plan will allow nonresidential uses providing specific criteria is followedi 1. Strict site plan control within 1,600 feet of existing residences. There is an existing residential neighborhood behind this site. Because of the specific conditions staff is recommending this policy shall be complied with. 2. Traffic design to ensure that nonresidential uses have access to collectors or larger arterials with no direct access throush residential streets. Access will be off to University. 3. The overall density/intensity standard io not violated. Currently this site has an intensity allocation of 124 trips (.62 x 200). By using the methods of calculating intensity trips based on square footage for general retail 186 trips would be utilized (3,100 of. + 10000 x 60). This policy would be violated. Therefore, the Denton Development Plan states that if the intensity trips are in an overallocated status, a disproportionate share allocation must be analyzed. a. The location of the -roposed development in reference to existing or proposed publio facilities, such as streets, water or sewer lines, and drainage facilities. All infrastru01!re is in place to handle this type of land use. b• The topography of the land in the planning area and the proposed development, The applicants want to leave all topography and natural area in place. If multi family development toik place there could be major modifications. c. compatibility with existing and potential land uses t A00cWNo_93 ° Minutes Planning and Zoning July I40 1993 ~t Page 3 in the area and surrounding area, d. Protection of older neighborhoods and single family housing; diversity of housings and the concentration of apartments and office/retail sites, Ono of the conditions that staff is recommencing is that the main structure on the site maintain the existing residential character. No additions will be allowed on the main structure and no other buildings except the garage or an accessory building, will be allowed on this site, 4. Sufficient green spaces, recreational facilities and diversity of parks are provided. The applicant will be required to construct a parking lot along the western boundary, next to the shopping center. All other space is to remain opened and landscaped. 5. Input into planning by neighborhood associations and councils is encouraged. The applicant has not held any neighborhood meetings, however, they have gone around to the neighbors and discussed their plans and have not gotten any negative feedback. wanted to speak in behalf of the applicants. received. He felt that this would be a good land use. 6. Concentration/Separation Policy, Any neighborhood service center should be located at least one-half mile from any other retail center. In addition, the Plan states that these neighborhood service centers should not exceed three (3) acres in size if they have direct access onto a primary or secondary arterial, The shopping center directly to the west of the property is approximately 1.12 acres in size, The fact that this pproperty is adjacent to a shopping center, and the center is less than (3) acres, we could add the .62 to the 1.12 acres, making this neighborhood center 1.74 acres in size, still under the allowed (3) acres, RECOMMENDATION: Staff recommended approval of Z-93-018 with the following conditions: as A landscape screening and buffering shall be located along the northorn property line and shall be no less than fifteen (15) feet in width containing the existing sews No J ~aeoda~tern Minutes atP Planning and Zoning / rj~oZL~ July 14, 1993 Page 4 trees on the site as well as five (5) gallon red tip photinias planted eight feet on center. Must be approved before issuance of a Certificate of occupancy. b. No major structural changes may be done to the existing structure. This includes adding any additional square feet. co No product is to be sold outside of the main structure, this includes no display on the patio/porch. d. No outside advertising for any accessory use will be allowed. e. Maximum gross floor area of any accessory use shall not exceed 20* or 400 sf. of the entire main structure. f. No on site food preparation will be allowed. g. For a list of prohibited uses staff took the general retail district and marked off all uses except, group homes, private community building, professional offices. General retail was the first district that the antique shop was allowed Mr. Cochran asked about the accessory use, and asked for an example of outside advertising. Ms. Mitchell said an example would be a pharmacy lo.ated within a medical complex. The people would already be in the complex, so it would be an accessory use. The people would not be coming in off the streets just for the pharmacy. Mr, Cooper commenter' that the tea room would be an accessory use to the antique shop. Dr. Huey asked how the restrictions on the accessory use relate to the prohibition of a restaurant or on site food preparation. Mo. Mitchell said that we do not want to prohibit them from a tea room but want it not to be a full fledged restaurant. A restaurant is a high intensity use. PETITIONERS Keith Briggs, 2006 Lariat road, Denton, Texas. He explained that he was co-owner with his wife . Mr. Briggs said staff presented the case well, but he wanted to thank Karen and the rest of the staff for their help. He stated that he and his wife were going to attempt to make it a focal point in +peradaNo -o96 agertdal X18 IL- 3 Minutes 19~ t9 Planning and Zoning July 14, 1993 Page 5 Denton. Mr. Cochran asked if he intended for the tea room to be part of the main plans for the strccture, or an antique shop. Mr Briggs said the plans were to have both. The tea room was to complement the antique shop. They wanted to serve finger sandwiches, cookies, and cakes, but they were not going to do that right away. Dr. Huey asked about the parking. She said it was her recollection the lot is a great deal higher than the retail center next to it. She asked if there would be any barriers or protection. Mr. Briggs said he wanted to widen the drive and make the parking area extend back to accommodate 13 cars, It would be landscaped and not be made to look like a landing strip. Dr. Huey asked what kind of barrier would be put up to protect cars in the parking area next door. Mr. Briggs said there would be additional retainers and plants. IN FAVOR: None IN OPPOSITION: None The public hearing was closed. Mr. Cochran if the tea room could be advertised in their signage. Ms. Mitchell said no, the tea room could not be advertised on any signage for the location. Mr. Cooper asked if this use would not be a disallowed use for retail shops. Ms. Mitchell said an Antique shop would be an approved use. Mr. Glasscock made the motion to recommend 2-93-018 with conditions as recommended by staff, Mr. Cochran seconded and the motion carried unanimously 5-0. 11. Hold a public hearing and consider a rezoning a 3.463 acre tract of land from the Agricultural (A) district to the office (0) or office with conditions (c). ` Agerwa A(tandaf(em _ 9 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILY ONE (MF-1) TO GENERAL RETAIL WITH CONDITIONS (GR- c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 ACRES OF LAND iACATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATE- LY 250 FEET EAST OF LOCUST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Keith and Mildred Briggs have applied for a change in zoning for .63 acres of land from Multifamily One (MF-1) to General Retail with conditions (GR-c) district classification and use designation; and WHEREAS, on July 14, 1993, the Planning and zoning commission recommended approval of the requested change in zoning; and 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 ORDAIF3: SECTION I. That the zoning district classification and use designation of the .63 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference, is changed from Multifamily One (MF-1) to General Retail with conditions (GR-c) district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That in accordance with Ordinance No. 91-078, the property shall be subject to the following conditions: a. Landscaped screening and buffering shall be located along the northern property line and shall be no less than fifteen (15) feet in width. It shall contain the trees existing on the site at the adoption of this ordinance as well as five (5) gallon red tip photinias planted every eight feet where no trees exist. The purpose is to achieve a solid vegetative screen in lieu of a wooden fence. Prior to issuance of a certificate of occupancy, the landscape buffering plan shall be approved by the Planning Department. b. No major structural changes may be done to the existing 3,100 square feet structure. This structure shall main- tain the same residential character that exists at the time of adoption of this ordinance. This shall include not adding any additional square feet to the main struc- ture with an exception for the existing attached outdoor patio. The garage shall not be counted in the gross floor area. AgeedlNo. 9 3 -(no, AW411M 94;6L. Dale - C. No product shall be sold outside of the main structure, this includes no display on the patio/porch. d. No outside advertising for any accessory use will be allowed. e. Maximum gross floor area of any accessory use shall not exceed 20% or 400 square feet of the entire main structure. f. No food preparation which involves cooking will be allowed on site. g. The following uses shall be prohibited: Community Unit Development Hotel or Motel College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic care) Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Main Use Radio and/or Television Microwave Tower Off Street Remote Parking Sewage Pumping Station Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Amusement, Commercial (indoor) Country Club (Private) with Golf Course PAGE 2 .e~roano ~ 3 ~yen0a it it Dance Hall or Night Club Public Golf Course Public Playfield or Stadium Swim or Tennis Club Theater, Other than Drive-in Type Railroad Passenger Station Railroad Track or Right-of-Wray Commercial Parking Lot or Stritoture Auto Laundry Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Household Appliance Service and Repair Laundry or Cleaning Self Service Mortuary or Funerrl Parlor Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops - 4,000 square feet or lesi Retail Stores and Shops - Over 4,000 square feet Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodge or Civic Club Private Utility Shop or Storage Yard Sewage Treatment Plant Water Treatment Plant Stable, Private Club Theater, Drive-in Airport Landing Field or Heliport SECTION LU. 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. PAGE 3 W& No, Age 11 o9• - - 0 y -L I SECTION--M. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the city secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs PAGE 4 No3O EXHIBIT "A" !'s r oBH. o y FIELD NOTES to all thnt certain tract of land situated in the N. H. Meisenheimer Survey Abstract Number 811 irtr the City and County of Denton, Texas and being a portion of the tract described in the deed from Linda Jane Cann Ireland to Keith T. Briggs et ux recorded in Volume 3242 Page 801 of the Real Property Records of Denton County, Texas as recognized and occupied on the ground; the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein at an found in concrete at the monumented Southwest Corner of the said Briggs tract in the North right-of-way line of University Drive; THENCE North 00 Degrees 26 Minutes 14 Seconds East along a fence with ti.e recognized and occupied West line of the Briggs tract a distance of 234.27 feet to a found axle at the monumented Northwest corner thereof and also being the Southwest corner of the tract described in the deed from J. J. Huffhines et ux to H. L. Dungan et ux recorded in Volume 293, Page 542 of the Deed Records of Denton Countyl THENCE North 89 Degrees 48 Minutes 49 Secondo East along a fence with the monumented North line of the Briggs Tract and the South line of the Dungan tract a distance of 129.99 feet to a found axle for the Northeast Corner of the Briggs tract and the Southeast Corner of the Dungan Tractl THENCE South 00 Degrees 55 Minutes 12 Seconds West along a fence with an East line of the said Briggs tract a distance of 39.75 feet to a steel fence corner post in the North line of the tract described in the Deed from II. D. Clark et ux to Howard Davis et ux recorded in Volume 3460 Page 278 of the said Deed Recordsl THENCE South 89 Degrees 37 Minutes 51 Seconds West along a fence with the monumented and occupied North line of the said Davis Tract a distance of 14.78 feet to an iron rod found at the Northwest corner thereof; THENCE South 00 Degrees 24 Minutes 48 Seconds West with the West line of the said Davis Tract a distance of 193.94 feet to a corner in the North line of University Drive, from which an iron rod found bears South 00 Degrees 24 Minutes 48 Seconds West a distance of 0.90 feet; THENCE South 89 Degrees 32 Minutes 40 Seconds West with the North line of University Drive, 40 feet North of and parallel to the center line thereofs a distance of 114.96 feet to the PLACE OF BEGINNING and enclosing 0.6309 acres of land. ID44/93057 CITY CQUNCII I C A i r~M. t~♦ }l C'tea4~ .rY.. agendaNo..-~~ A~endalta ~ DA7% August 17, 1993 Ci7Y COUNCIL REPORT FORMAT 10f8 To: Mayor and Members of the City Council From: Lloyd V. Harrell, City Manager Subject: HOLD A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF 23.25 ACRES LOCATED NORTH OF AND ABUITING RYAN ROAD ON FORRESTRIDGE DRIVE. g,FCOMMENDATION• The public hearing is intended to give all persons interested in the proposed annexation the right to appear and be heard. The Planning and Zoning Commission is scheduled to make a recommendation on August 25, 1993. sumbMa On July 20, 1993, Council adopted an annexation schedule setting the date, time and place with regard to the proposed annexation (A-62). State law requires that a service plan be prepared providing for the extension of full municipal services to the area to be annexed. The service plan, a copy of which is attached, is available for public inspection and will be part of the annexation ordinance. BACKGROUND: The proposed annexation has been initiated by the owners of the tract in order to facilitate zoning for residential single family development (SF-16). The development of the tract is proposed to start in 1993. Applications for zoning change of this tract is being processed concurrently with the annexation. The first public hearing on the proposed annexation was held on August 3, 1993 and no one spoke in opposition. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED' All city service departments; including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library. Y V\R~ ~gendaNo 9 Agendalta Rate FISCAL IMPAcr.. awok The annexation and ultimate development of this area will expand the city's tax base. Respe y submitted: G, I Lloyd V. Har.ell City Manager Prepared by: u VOW&I Harry N, ersaud, AiCP Senior Planner Approved: Frank H. Robbins, CP Executive Director for Planning and Development Attachment #1: Location map Attachment #2 Legal Description Attachment #2: Service Plan Page 2 t t VenLL4q 4penA•62 Forrest Ridge Annexation ire .4 NORTH / `mot ' rn~ 1 J CSR Q . ' er. X • i ~ x r G i r OUT YO IGTO ! MT 0 / IIR1/1 IUO ~D SITE ~ w ;;Irl„i Iru~ 10, TITAN Location A4ap Daft, 7/12/93 Scale: None i I ATTACHMENT 2 4gendaNO. n Agenda Ite 3 r Dale o ESTATE OF FORRESTRIDCE, SECTION III Being a tract of land situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas and being a part of "Tract I" of that certain parcel of land described in two tracts and conveyed by deed from First Texas Savings Association, to Lodge Construction Company, Ino, recorded in Volume 1115, Page 211, Deed Records, Denton County, Texas and being further described as followss BEGINNING at a 1/2" iron rod found for corner, said corner beino the Southwest corner of Lot 16, Block A of Estates of For•estridge, Section I, an addition to the City of Denton, De:,ton County, Texas, according to the plat recorded in Cabinet I, Page 151, Plat Records Denton County, Texast THENCE South 85 degrees, 32 minutes, 05 seconds East, along the South line of Block P. of said addition, a d~stance of 10332.10 feet to a 1/2" iron rod found for cornorl said corner being the Southeast corner of Lot 7, Block C of said rdditioni THENCE South 00 degrees, 31 minutes, 33 seconds West, along a fence for a part of the distance, a distance of 721951 feet to a fence post for corner in the North line of Ryan Road, said corner being the southeast corner of said Lodge Construction Company tracts THENCE North 89 degrees, 22 minutes, 47 seconds West, along the North line of said Ryan Road, a distance of 1,313 61 feet to a 1/2" iron rod found for corner at a fence corner and in the west line of said survey and in the North line of Ryan Road, a public roadway, said point beanq the Southwest corner of said Lodge Construction Company traotY THENCE North 00 degrees, 19 minutes, 42 seconds West, along the West line of said survey and along a fence, a distance of 810.95 feet to the POINT OF BEGINNING and containing 23.25 Acres or 1,012,770 Square Feet of Lend, more or less. f I ATTACHMENT 3 iienda No c~ Agenda itenl~&~ OletP ---L 50 ~S SERVICE PLAN Annexation Numbers A-62 Acresge annexed: 2311 Acres Location: North of Ryan Road on Forrestridge Drive A. Police Services 1. Patrolling, response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. B. Fire protection and Emergency Medical-Services (F,MS1 1. Fire protection and emergency medical services by the present personnel and present equipment within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the city. C. Water/Wastewater Services Water and wastewater services will be extended to the property in accordance to the City's master utility plan and Section 34-118 of the Denton Code of Ordinances, Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve their development in accordance with the Cityle master utility plan and the AgendaNo 4 :63b soe1dalfe4 #1,9-- Date 9 _ Subdivision and Land Development Regulations. 6 p The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. Where water or sewer main extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro- rata charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. D. Solid Waste Collection 1. Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the city, within 60 days of the effective date of annexation. 2. As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to fregcency, charges and so forth. E. Streets and Roads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation, 2, Routine maintenance of streets and roads will begin in the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the city. 3. Reconstruction and resurfacing of streets, installation of storm drainage faol3ities, construction of curb cuts and gutters, and other such major improvements, as the need thorAforo is dater-mined by the city Council or manager, will be accomplished under the established policies of the city. 4. Traffic signals, signage and other traffic control devices will be installed as the need therefor is 2 ~gen0a~o ~3 -O 30 Ageatlaltem Date .76 established by appropriate study and traffic standards. 5. Street and road lighting will be installed in the substantially developed areas in accordance with the established policies of the City, F. Environmental Health and Code nfnr~4m~nf ce + 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through the use of existing personnel. 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5, Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. 60 As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of environmental health and code enforcement services as are furnished to comparable areas within the city. 0. Planning and Development Services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. single 3 1 VeodaMo Ageodallem 3t3 We Family (SF-16) zoning classification is anticipated for S this tract. 1. Parka and Recreation Services Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, on the effective date of the annexation. The same standards and policies now used within the City will be followed in the maintenance of parks, playgrounds and swimming pools. J. Electrical DIRldh"ISM Electrical power will be made available to the site as required, at the same level of service currently being provided to comparable areas within the City. K. Miscellaneous street names and signs will be installed, if required, approximately six (6) months after the effective date of annexation. Residents of the newly annexed area may use all publicly owned facilities, buildings or services within the city on the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained in accordance with established standards and policies now used in the City. L• Capital Imnrovefients Program (CT°~~ T he CIP of the City is prioritized by such policy guidelines ass 10 Denand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility or servica. The annexed area will be considered for CIP improvements in the upcoming CIP plan. The annexation area will be considered according to the same established criteria as all other areas of the City. 4 i CITY COUNCI AA 4~. 0 • . Apn~Nc. .3-O d Ape~I! CITY COUNCIL REPORT ---i+--~ to 4 TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Request from the Denton High School Rodeo Club for an Exemption to the Noise Ordinance for a loudspeaker at the North Texas Fairgrounds October 1-3, 1993 DATEi August 17, 1993 BACKGROUND: The North Texas Denton High School Rodeo Association is approximately 25 years old. According to Mike Newberry, club sponsor, 700 students will compete in this annual event. Mr. Newberry indicated that the group will turn down the sound at 10:00 p.m. and will have no bands. SUMMARYi The ordinance declares loudspeakers a noise nuisance, particularly efter the hour of 10:00 p.m. (please see copy of ordinance attached). However, the ordinance states that the City Council may make exceptions when the public interest is served. The Denton High School Rodeo Club is requesting an exemption to the noise ordinance for loudspeakers on Friday and Saturday, October 1 and 2 until 12 midnight, and Sunday, October 3 from 1:00 p,m.-6:00 p.m. PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTEDr North Texas State Fair Association, citizens and visitors attending the rodeo, neighborhoods FISCAL IMPACTr None Please let me know if I can provide additional information. LLY SUB TTED, Re.d LHerre repared byr City Manager P - Ju el, Cat erine E. Tuck Administrative Assistant +genGe No, Date " as Denton City Council 215 Bast McKinney St. Denton, TX 76201-4229 Dear City Council Hemberat The Denton High School Rodeo Club respectively requests an exemption for the use of a loudspeaker for the purpose of conducting a North Texas High School Rodeo Association rodeo at the North Texas State Fairgrounds Arena. ON UNTIL Friday, October 1 12:00 Midnight Saturday, October 2 12:00 Midnight Sunday, October 3 1100-6100 p.m. The location is 2217 North Carroll Boulevard, North Texas State Fairgrounds. The North Texas High School Rodeo Association draws high school age contestants from all over the North Texas Area. Thank you for your consideration in this matter. Sincerely, Mike Newberry Denton High School Rodeo Club Sponsor P.O. Box 50224 Denton, TX 76206 works 387-3808 Homer 321-3367 r r agenda No a 3 ' AflAndat! oats Chapter 20 3a NVISANCES• Art. I. In General, It 20.1-2030 Art. 11. Abandoned Property, if 20.31-20-70 Div. 1. Generally, If 20.31-2040 Div. 2. Motor Vehicles, If 20.41-20-70 Art, M. Gran and Weeds, it 2071-20.73 ARTICLE I. IN GENERAL See. 20.1. Not". (a) It shall be unlawtlrl for any person to make or cause any Unreasonably loud, dis• turbine, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to make or cause any noise of such character, Intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts, among others, are declared to be not" nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) The playing of any phonograph, television, radio of any musiaj Instrument in such manner or with such volume, particularly between the hour of 10;00 p.m. and 7.00 a.m., as to annoy or disturb the quiet, comfort or reposo of persona of ordinary son. sibilitiee in any dwelling, hotel or other type or reside, r 121 The use of any stationary loudspeaker, ampliflsror musical instrument in such manner or with such volume ea to annoy or "urb persons of ordinary sensibilities In the immediate vlcWty therm, partlcularLy between the hour of 10:00 p.m. and 7,00 a,m., or the operation of such loudspeaker, ampMer or musical Inatrument at any time on Sunday; provided, however, that the city council may make exceptions upon application when the public interest will be served thereby; (3' The blowing of any steam whistle attachrl to any stationary boiler or the blowing of any other loud or far-reaching steam whi :'e within the city limits, aapt to give notice of the time to begin or stop work or as a warning of danger, (4) The erection, euavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 am. sad &30 p,m., Monday through eCrou reforati a-Protected migratory bird mate declared aWaance, 16471 inspection and abatement warmts, f 1W at seq.; tuaect sad rodent control in mobile boss and rec- reational vehicle psrke, i 32.91. aura Ne.1 1399 11f+daNo Q 120-1 DENTON CODE AQenddll Dole Saturday; provided, however, that the city council may issue special permits foe such work at other hours in use of urgent necessity and in the interest of public safety and convenience; ,5) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con• tamers; 6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. Code 1966. If 14.20, 11.21) Cross reference-Animal noise, 16.26. See. 20.7. Odors. (a) It shs11 be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or Injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such chara.,ter, strength or continued duration as to substantially interfere with the comfortable t enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persona rf ordinary sensibilities; (2) Offensive odors from privies and other similar places; 131 Offensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persons of ordinary sonsibilittes; W Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; 15) Offenaive odors from stagnant pools allowed to remain on any promises or from rotting garbage, rahm, offal or dud animals on any premises. todo 1966, 1114711, 1429) ' Sec. 904. Osrbag% hub and rubbish nttisaaas-(3eneraly. (a) Storing or keeping gorbop, trosA and rubbish. The storing or keeping of any and all stacks, heaps or piles of old lumber, rehue, junk, old can or maddaery or parts thereof, garbage, truh, rubbish, scrap material, ruins, demolished or partly demolished structures or buildings, pile of stones, bricks or broken rocks on any premise bordering any public street 9up0• No, 1 1390 T CITY COUNCE , G o 4 es' Stu If, I K~,frf l ciryol DENroN, rEXAs MUNICIPAL BUILDING / DENTON, TEXAS 76201 ; TELEPHONE (817) 666.8307 Office of the City Manayor TO: Lloyd V. Harrell, City MAnager FROM: Catherine E. Tuck, Administrative Assistant DATEr August 13, 1993 SUBJEM Background Information Regarding Solicitation on Roadways Please find the attached information presented to the City council last year regarding the firefighters' request to solicit Charitable contributions from vehicles, Also included is a copy of the minutes where this was discussed in a City Council work session. Please advise if I can provide additional information. i , C~~; trine E. Tuck Administrative Assistant I F R ApenOaNo g3 Dote _cP-,~Y 9 CITY COUNCIL REPORT aV TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Charitable Solicitation at Intersections DATE: September 290 1992 BACKGROUND: In 19880 the City Council received an increasing number of complaints about persons and organizations attempting to solicit business or charitable contributions from the occupants of vehicles at intersections. Groups and individuals were soliciting on numero~., busy intersections all over the city, causing traffic problems and endangering the individuals collecting the funds. In March 1988, the City Council discussed this problem at a work session and felt that solicitation upon roadways was dangerous for the persons engaging in solicitation as well as a traffic impediment at intersections, The Council felt that safer alternatives for soliciting charitable contributions were available without utilizing public streets and rights of way. As a result of the City Council's discussion, the City Attorney was directed to draft an ordinance addressing solicitation at intersections and roadways. The proposed ordinance was adopted and is the current provision in the Code that prohibits solicitatL,)n in roadways. Section 21-10(a) of the City Code reads as follows: No person shall be upon any street or roadway or be or go upon the shoulder or median of any street or roadway for the purpose of soliciting business or charitable contributions of any kind from the occupant of any vehicle. At the September 1, 1992, City Council Meeting Alan Hempstead, representing the City's firefighters, requested an exemption to Section 21-10(a) on behalf of the Muscular Dystrophy Association's (MDA) Annual Fill-the-Boot Campaign. Firefighters have traditionally collected funds at intersections for MDA. However, since 1988, the City's firefighters have solicited twice at alternate locations on private property because of Denton's ordinance. Mr. Hempstead mentioned two Oklahoma cities that made special provisions for their annual Fill-the-Boot Campaign despite local ordinances that prohibit solicitation in roadways. Because the a t Venda" UP- Agenda.1- rate a-'~-~ {3 request was presented as a Citizen Report the Council was unable to Top take any action or make any decision at that time. A councilmember requested that the item be placed on a future work session agenda. SUMMARY: Veronica Oglesby, Administrative :ntern, collected information from several metroplex cities as well as the two cities in Oklahoma mentioned in Alan Hempstead's presentation. The results of this survey are attached. I Ten of the 13 cities contacted currently have local ordinances addressing solicitation on streets and rights of way. Four of the 10 cities permit solicitation on streets and rights of way through their local ordinance- Grand Prairie, Lewisville, Carrollton and Plane. These four Texas cities have additional permitting requirements. Solicitation is also permitted in the city of Allen even though it does not have a local ordinance addressing solicitation on streets and rights of way. In the City of Allen the Police Department handles all solicitation problems as obstruction of traffic. I Grand Prairie permits organizations that register to solicit on roadways as long as the solicitation does not impede traffic. The ordinance requires organizations to show proof of insurance and charter of incorporation. It also specifies the dates and times the solicitation may take place. Lewisville also limits charitable solicitation to certain weekends and hours. In addition, Lewisville requires proof that the charitable organization meets the definition as established by the Internal Revenue service. Plano requires the organization to wear traffic safety vests at all times, to provide proof of Insurance, and to sign a liability waiver in favor of the city. The City of Plano permits solicitation in the rights of way as long as it Is not a state highway or farm-to-market road. The City of Carrollton permits solicitation at intersections provided the organization executes a written agreement releasing the City from any liability arising from the solicitation drive. It also states that no person shall walk on the main roadway and no solicitation is to take place along arterial highways during the morning and evening rush hours. Tulsa, Oklahoma, one of the two cities Alan Hempstead referred to in his presentation, permits only sworn publi: safety officers to solicit in roadways for charitable project,i adopted by their bargaining agents. According to the Municipal Code and the Motor Vehicles and Traffic Code received from Oklahoma City no person shall stand in a roadway for the purpose of soliciting donations. However, the Police department says the area firefighters stand in the median without violating the ordinance. r. ~A V I' 2n, tendai~~ r -73 OL yaf 13 After reviewing the information received from the 13 cities, i~ appears that the issue of soliciting charitable contributions in roadways is a concern. For many of the cities, regulating solicitation in roadways is a problem despite local ordinances. Because of the many problems and safety concerns some cities have chosen to prohibit solicitation in the roadways altogether. However, other cities have dealt with the issue by designating specific roadways and suggesting alternative locations to solicit funds. These alternative locations include parking lots, shopping centers and grocery stores. Several of the cities are currently researching and updating their ordinance. In the absence of a local ordinance regulating charitable contributions in roadways the state law prevails. Article IX Section 81 (c) of the Texas Traffic Laws states: A person may not stand in a roadway for the purpose of soliciting a ride, contributions, employment or business from the occupant of any vehicle, except that a person may stand in a roadway to solicit charitable contributions if authorized by the local authority having jurisdiction over the roadway. State law prohibits solicitation on roadways and from occupants of vehicles. However, it allows cities to give an exemption for charitable contributions with City Council approval. A request would still need to be made to the City Council. This seems to give a City Council more flexibility in determining what charitable group may solicit. However, the Legal Department has stated that the City Council would not be able to discriminate between two charitable organizations. In reality, all charitable organizations who requested an exemption from the City Council would be allowed to solicit donations at intersections if the City Council were to repeal its current ordinance and go to the state law provision. RESPEC ULLY SUBMITTED, Lloyd V. Harrell City Manager Prepared by: C.:..tt , C Catherine E. Tuck Administrative Assistant SUMMARY C 3F' LOCAL AREA S OL I C I TAT I O N O R D I NA NC E S CITY LOCAL CHARITABLE SOLICITATION SOLICITATION ORDINANCE IN RIGHT-OF-WAYS 1. OKLAHOMA CITY YES NO 2. TULSA YES NO- only sworn public safety officers may solicit in roadways for charitable projects adopted by their bargaining agents 3. ADDISON YES NO 4. ALLEN NO YES 5. ARLINGTON NO NO prohibited by a section of the Street Code Pedestrians on Roadways b. CARROLLTON YES YES 7. DLLLAS NO-repealed 8/92 governed by State Law 8. FARMERS BRANCil YES NO 9. GARLAND YES NO 10. GRAND PRAIRIE YES YES 11. LEWISVILLE YES YES a 12. PLANO YES YES ~p 13. UNIVERSITY PARK YES NO ` 1 clo~ `U "andaNo ode temON Age SURVEY a V LOCAL C I T I E S' to j3 SOLICI'T'ATION ORDINANCES 1. Oklahoma City, Oklahoma The City of Oklahoma City does have an ordinance regarding charitable solicitation. Section 13-36 of the Oklahoma City Municipal Code reads: No person or organization shall directly or indirectly solicit money, donations of money for charitable, educational, religious, patriotic or philanthropic purposes, on the streets . unless such person or organization has first obtained a permit. Section 32-458(a) of the Motor Vehicles and Traffic Code states that no person shall stand in a roadway for the purpose of soliciting a ride, donations, employment or business from the occupant of any vehicle. In response to Mr. Hempsteads report that Oklahoma City made special provisions for the MDA Fill-the -Hoot Campaign, the Police Department said no one is permitted to solicit in the public rights of way. However, the firefighters stand in the median without violating any ordinance. 2. Tulsa, Oklahoma The City of Tulsa does have an ordinance regulating charitable contributions the City of Tulsa Oklahoma Charter and Revised Ordinances, Title 37 Chapter 11 Section 1105. Title 37 states: No person shall step or stand in the roadway or median to channel traffic for the purpose of soliciting a ride, employment, business, or contributions of any kind from the occupant of any vehicle; provided however, that sworn public safety officers may solicit contributions for a charitable project officially adopted by their bargaining agents. 3. Addison, Texas They do have a local solicitation ordinance. Non-profit/charitable organizations are exempt from paying for permit registration. However, no one is permitted to solicit on public streets or in the right-of-way. 4~F' DO - ?o F 3 4. Allen, Texas The City of Allen does not have and ordinance regulating solicitation in the rights of way. If soliciting becomes a problem the Police Department handles the situation as an obstruction of traffic. 5. Arlington, Texas They have no local ordinance regarding soliciting charitable contributions. However, soliciting in roadways is prohibited by Section 6.05 of the Street code, Pedestrians on Roadways. 6. Carrollton, Texas They have a local ordinance regarding soliciting charitable contributions. Charitable solicitation upon public streets is allowed provided the organization obtains a permit from the Director of Traffic T information needed to obtain a permit tis nthe provision that the from injury rortdamageearisingefromithetsolicitation liability i due execute drive. Other provisions of the ordinance no solicitation to tatthat shall person shall walk on the main roadway, and place along arterial highways Monday through Friday, lam to 9am and 4pm to 6pm. 7. Dallas, Texas They had a local ordinance regarding charitable solicitation, however it was repealed August 26, 1992. S. Farmers Branch, Texas The i allowedto solicits on street corners medians or atiintersections. 9. Garland They do have a local ordinance regarding soliciting. it is Illegal to solicit on city property and no one is allowed to solicit in the streets. 10. Grand Prairie They do have a local charitable solicitation ordinance and it permits charitable organizations to solicit on roadways asfor gaud they do not impede traffic and have previously applied received a permit. Specific provisions required to receive a permit state that the organization must file an application 30 days prior to the activity, and provide phone numbers of persons or organizations to receive the funds collected by solic r itation. Also the organization must provide a copy of incorporation and sign an affidavit stating that at least 75% of the monies collected will go directly to the stated charity. The ~endaNo .tQ~7~=y~v - EndaltGn?(a~ AgDate gaF)3 organization may solicit only between the hours of 9am - 9pm Morida2( through Saturday, and must provide proof of insurance. Permitsaree issued for not more than 3 consecutive days within a 30 day per and only 2 such permits per calendar year. 11. Lewisville They do have a local ordinance regarding charitable solicitations in roadways. Charitable organizations are allowed to stand in a roadway provided they first register and obtain a permit in compliance with the terms of the ordinance. Specific terms of the ordinance state that solicitation may take place only duing certain weekends of certain months and for no more than consecutive days. Soliciting is permitted only at specific intersections of crossings between lam and 7pm. The application for the permit is to be filed not less than five 5) days before proof that the the definition as include established by the charitable sorganization solicitation and Internal Revenue Service. 12. Plano They do have a local ordinance regarding charitable solicitation on conduct rsolicitation~s within he ci ty and uponspublicnrights iof way Charitable provided no charitable solicitation shall be conducted upon or within the rights of way of any State of Texas street/road or any farm-to-market road. Other provisions state that solicitation must be conducted during daylight hours, for no more than 1 consecutive 24 hour period per year per organization. They must also provide liability in favor ofctheiCity tandf ear traffic safety vests at of all times. insurance, execute a waiver 13. University Park The City of University Park does have a local ordinance regulating solicitations. Persons seeking contributions for a charitable purpose must register with the Chief of Police and the Chief of police will issue certificate street, alley, exemption. i land tion is prohibited on any public 7 City of Denton City Council Minutes September 29, 1992 CjaP~ 3 Page 7 Perry motioned, Hopkins seconded to follow the recommendation of staff regarding the wastewater rates. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council received a report and held a discussion on the solid waste rate study and proposed solid waste rates and gave staff direction. Bill Angelo stated that the proposed ordinance provided for a $0.35 rate increase for residential customers. The State of Texas surcharge for solid waste received at the landfill was being passed on to both residential and commercial customers in the form of a 3.5% charge which would be shown as a separate item on the bill. He presented Council a handout which detailed the rates at the landfill and the areas of increase. There would be two new fees established. It was proposed that the basic disposal fees at the landfill would remain the same as last year. One new rate would differentiate between automobile and truck tires. Another fee would be a charge for "special waste" disposed at the landfill. The proposed rate was consistent with the charges at the DFr1 landfill and reflected the cost of special handling and administration expenses associated with this type of waste. Hopkins motioned, Smith seconded to follow the recommendation of the Public Utilities Board for the rates on solid waste. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Brock motioned, Smith seconded to approve the increases on tires and special wastes. On roll vote, Brock "aye", !filler "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I 8. The Council received a report and held a discussion regarding solicitations on the roadway and gave staff direction. Catherine Tuck, Administrative Assistant, stated that in 1988 the Council had received an increased number of complaints about persons and organizations attempting to solicit business or charitable contributions from the occupants of vehicles at intersections. Groups and individuals were soliciting on numerous busy intersections all over the City, causing traffic problems and endangering the individuals collecting the funds. The Council expressed concern with the safety for those out soliciting and for motorists. In March 1988, the Council passed an ordinance which I I i 3 2 City of Denton city council minutes September 29, 1992 ome S'1~'93 Page 8 ~~Of'13 prohibited solicitation on any street or roadway or be on or go upon the shoulder or median of any street or roadway for the purpose of soliciting business or charitable contributions of any kind from the occupant of any vehicle. At the September 1, 1992 Council meeting, Alan Hempstead, representing the City's fire fighters, requested an exemption to the ordinance on behalf of the Muscular Dystrophy Association. The fire fighters had requested permission to solicit for the "Fill-the-Boot" campaign. Mr. Hempstead had mentioned two Oklahoma cities which made special provision for the annual Fill-the-Boot campaign despite local ordinances which prohibited solicitation on roadways. lvlsa's traffic ordinance did not permitted solicitation from the roadway but their solicitation ordinance appeared to allow it. Tulsa permitted only sworn public safety officers to solicit in roadways for charitable projects adopted by their bargaining agents. The Legal Department indicated that the ordinance should be consistent. Either allow all to solicit on the roadways or allow no one to solicit on the roadways. Area metroplex cities which allow the solicitation on roadways had a permit process which included various requirements. Debra Drayovitch, City Attorney, stated that any time there was an i attempt to regulate the First Amendment rights, there was a good case for litigation. It was very difficult to legally make a fool- proof type ordinance which was not subject to some type of litigation. Council Member Brock asked about the Tulsa law which allowed only sworn public safety officers to solicit from roadways. Would this hold up to a court challenge. Drayovitch replied that the Oklahoma law was very different and it could have been part of a collective bargaining agreement. Tuck stated that the Council could repeal the current ordinance and follow the State law or could enact an ordinance similar to another city with strict guidelines. Mayor Pro Tom Hopkins stated that before the current Council repealed the ordinance, members might want to speak to former Council Members regarding reasons for the initial ordinance. They had been concerned about pedestrian safety and vehicular traffic. She suggested that if the ordinance were repealed, the Council did not want to be the entity to grant permission for solicitation from the roadway. She felt that everyone should be allowed to solicit from the streets or no one should be allowed. There were many safety issues to deal with when there were individuals on the roadway. She was particularly concerned with the youth on d +gendako.q 3 4geodaltem City of Denton City Council Minutes September 29, 1992 V ~IQ Page 9 University Drive and how dangerous it was. Council Member Perry asked how fully the current ordinance was being enforced. Was anyone allowed to solicit on the roadways. City Manager Harrell replied from the permitting standpoint, the enforcement was consistent and soliciting from the roadway was not allowed. Some groups had started to solicit on the roadway and had been asked to leave. There were times when the police department did not give a high level of enforcement to this event especially on events such as car washes on University Drive. If Council did not repeal ordinance, staff would do more enforcement of the provisions to not solicit on the medians and would even visit the high schools to talk with groups regarding the provisions of the ordinance. Council Member Chew suggested talking with university students as well as high school groups. City Attorney Drayovitch stated that a procedure could be developed which would not include the Council's granting of permission to solicit in the roadway. The State statute allowed a local governing body to authorize solicitation of charitable contributions. Her opinion with respect to free speech and First Amendment rights would be, if the Council desired, that pursuant to the State statute the Council authorize solicitation of charitable contributions. Mayor Castleberry asked what was the City liability in this matter such as someone stepping off a curb and into an oncoming car. City Attorney Drayovitch replied that if the City were sued, it would argue against the City's liability but that could be challenged. Council Member Perry asked if there had ever been a fatality or injury in the City due to solicitation from the roadway. Al Hempstead replied that there had been none documented in the 40 years the fire fighter organizations had been working for KDA. Council Member Perry replied that he was referring to everyone who had solicited on the roadways and not just the fire fighters. Council Member Smith asked Hempstead if he had investigated other possibilities for solicitatiog contributions rather than on the streets. t G E i 3 4 ~,3_osa City of Denton City Council Minutes apendal erg ~2r1A September 29, 1992 b18'7-q3 Page 10 Hempstead replied that they had looked at other methods but that there was no other way to receive the same dollar amount as on the streets. Previously the fire fighters had raised more money on the streets than in a shopping center. Council Member Miller stated that the fire fighters would use good judgement when going out in the streets but others might not. rf a fire fighter came to a car, the occupant might be more inclined to donate but might not be so with others. Julie Shook, Denton MDA, stated that Oklahoma City and Tulsa raised a lot of money for the event in a weekend. There was not another type of event which w,wld raise the same amount of money in a weekend. Joe Dodd asked if the requiring of insurance and the filing of a waiver would eliminate the problems. City Attorney Drayovitch replied that there were certain problems with the enforceability of wai,.wrs. With the invalidation of an ordinance there might be attorney's fees for the other side to consider. Bill Burger, MDA, stated that the $1 million insurance policy cover any attorneys fees. MDA was city din regards to a waiver of liability, limiting tto work with the he solicitation to certain streets, limiting hours and days. Nothing had ever been documented for accidents or injurien associated with the MDA program. Council Member Miller asked if it would be possible to direct staff to draft an ordinance detailing who would be able to solicit from city streets. Council Member Perry asked who would chose who would be able to solicit. He was not saying that the fire fighters could not solicit in Denton, he was asking them to use a different approach. He was hesitant to exclude some and allow others to solicit on the roadways. council Member Miller suggested drafting something similar to the Lewisville ordinance. He was interested in how many requests Lewisvilla had in a year. Restrictions could be made to a point so as to encourage only those who really wanted to do the event. He suggested a further refinement of the ordinance and look at it in comparison with other cities. I a E r r r S AgenCity of Denton City Council Minutes ~teSeptember 29, 1992 im Page 11 Council Member Smith stated that the bottom line was that the Council needed to decide if it wanted to have any organizations on the streets. Deciding who or what would come next. Council Member Chew was concerned about the fact that the ordinance was not enforced totally. Ile agreed that perhaps it would be beneficial to look at other cities ordinances sur:h as Lewisville. Council Member Miller motionelo Chew seconded to direct staff to study other city ordinances such as Lewisville and Grand Prairie to determine how their ordinance worked and their experiences. Oa roll vote, Brock "aye", Miller "aye", Hopkins "nay", Smith "nay", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. 9. The Council received a report and held a discussion on the City's position regarding the Fry Street Fair and gave staff direction. Catherine Tuck, Administrative Assistant, reviewed the history of the Fry Street Pair over the past several years as detailed in the agenda back-up. Council Member Miller suggested forming a task force now to look at the possibility of holding the Fair on Fry Street. He suggested starting the process now to make arrangemants for the Fair. Lloyd Harrell, City Manager, stated 'hat a policy question the council would have to consider was that if the conditions could be negotiated with the Delta Lodge, would it be acceptable to have this event on Fry Street. If so, he could see using staff time trying to negotiate those conditions. Until that question was answered, there was no reason for staff to start those negotiations. Mayor Pro Tom Hopkins stated that she saw no reason to permit tte Fair. This group was not even recognized by the University and was not allowed to use University property or to close a street that North Texas maintained, There were too many people for the area during the Fair and there was no way to get in or out of the area. The area was an arLa of concern for the police department. If the Unix,%-city did not recognize this group she did not know why the Council should give them any credibility. One year the Fair was held at Carriage Square Shopping Center and they can not return to that area. The Fair did not work out at the Fairgrounds. She was opposed to spending any amount of staff time to work out Fry Street as it was too small for the number of people who attended the event and it could not be adequately policed. ♦wr. ♦yan~ CITY COUNCI; 41 4tp N ~ ~4' A" No A¢e Il oas...._ ~l /o 0 7 F ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; ANI+ PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive sealed proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and 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 -1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" on file in thi Office of the City's Purchasing Agent filed according to the number assigned thereto, are hereby accepted and approved as being the lowest responsible bids for such items: ITEM NUMBER NO. VE14DOR AMOUNT "SP #1526 ALL tCI VIDEO SECTION ii. That by the acceptance and approval of the atove 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 documents. =Agj fleet Date e-l 7` v 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 heretoi provided that the written contract is in accordance with the terms, conditions, specifications, 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 contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FCRM: DEBRA A. DRAYOVITCH, CITY ATTORNY BY: 4 AQO~ No AgeWaltem DMOS- 30 3 DATE: August 17, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RFSP $1526 - VIDEO EQUIPMENT RECOMMENDATION: We recommend this request for sealed proposals be awarded to the lowest evaluated respondent ECI Video in the amount of $43,509.39. Our secondary recommendation would be to award the contract to ECI Video In the amount of $36,953.16. SUMMARY: This proposal Is for the equipment necessary for live and taped broadcast of City of Denton Council Meetings and related activities. Our recommendations are intended to give Council the option to award the contract for the full list of recommended equipment at the price of $43,509.39 or to award the contract for a reduced list of equipment and remain near the original estimated budget of $36,903.00. By utilizing the reduced list the intent of the project can be fulfilled. However, sacrifices in quality, capability and flexibility will become apparent. BACKGROUND: Memorandum dated August 11, 1993. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: City of Denton Council, Citizens o Denton. FISCAL IMPACT: Funds for this equipment will come from a communication grant intended or the purpose of broadcasting community activities. RFSP SUMMARY: Proposal total 47,509.30 •InstallationlTralning 4,000.00 Recommended expenditure 3,509.39 Budget amount 38j903,00 Deficit 6,60 3 *Deleted A) Staff will install B) Trained staff members available i e agenda No EE Date 7- 3 AUGUST 17, 1993 ~{Q CITY COUNCIL REPORT PAGE 2OF2 Rasp ully submi Le : Ll d . Harrel City Manager Approved: Name: Tom D. Shaw, C. P.M. Title: Purchasing Agent 4o7.DOC f. 3 -o ga agandaNo Aganoaltem, 50 CITY of DENTOM TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M TO: Tom Shaw, Purchasing Agent FROM: Bill Angelo, Director of Community Services DATE: August 11, 1993 SUBJECT: BIDS ON CABLE BROADCAST EQUIPMENT On August 5, 1993, the City opened proposals on the broadcast equipment necessary for the televising of City Council meetings and the operation of the Government Access Channel. The City received two proposals on this equipment, one from ECI Video and one from Accent Audio/video, Inc. Unfortunately, these proposals exceeded the estimates used to prepare the budget 18 months ago. Of the two proposals received, ECI offered the best and lowest price on the equipment requested at a cost of $47,009.39, with Accent Audio/Video proposing $49,930.00 for the same equipment. Obviously, the proposal. offered by ECI represents the best overall proposal for the City of Denton. The original budget estimate for the equipment was stated at $36,903.00 which is approximately $10,000 below the ECI proposal. The proposal, however, included $3,500 for equipment installation which was never considered a necessity as existing staff is capable of performing this function. By eliminating this expense, the total proposed cost is reduced to $43,509.39 which is $6,606.39 over the budgeted funds. Since the original grant from Sammons was $60,000 and currently totals $63,423.00 with accumulated interest, there is certainly enough funds available to cover the full amount of the proposal. Should the Council opt to fund the ful. amount of the proposal costs, the remaining funds in the gr<<nt account would total $19,913.61. A6493C/1 $171566.8200 DIFW METP0 434-2629 i , Agenda No. 3 n Agendaltem Data BIDS ON CABLE BROADCAST EQUIPMENT G O V7 August 11, 1993 Page 2 Should the council choose to maintain the current funding level at or near the $36,903.00 amount, it would be necessary to cut some equipment from the proposal. These cuts, however, could affect the quality of the broadcasts and our versatility in utilizing the equipment. Should the cuts be required, the following list comprises the priority assignment, the savings and net effect of each particular cut. 1. Installation $3,500.00 $43,509.34 No impact - City staff will install. 2. Training $ 500.00 43,009.39 No impact - trained camera operators available through UNT and trained production director through City's Police Department. 3. Field Micronhones $ 303.02 42,706.37 Precludes audio input during field productions • precludes Council broad- cast backup if audio feed from sound system is interrupted. 4. Field Microphone Cable $ 77.39 42,628.98 Precludes remote audio input during field productions. 5. Dolly $ 170.04 42,458.94 Precludes fluid movement of second camera on Council Chamber floor. 6. Shipping Case $ 294.30 42,164.64 Precludes protected shipping of second camera. 7. Ni•Cad Batteries $ 518.84 41,645.80 Precludes DC power backup to AC power outage. 8. VCR $3,842.37 37,803.43 Precludes recording and playback of raped council sessions. 1,6493C/2 1 t agenda No. Agendal BIDS ON CABLE BROADCAST EQUIPMENT L~Se August 11, 1993 7 7^ Page 3 9. Preview H/w Monitor $ 125.35 $37,678.08 Precludes Director's preview of upcoming shot. 10. Light Kit $ 656.56 37,021.52 Precludes additional lighting option in Council Chambers and lighting for field shots. 11. Light Bulbs $ 68.36 36,953.16 Precludes additional lighting option in Council Chambers and lighting for field shots. Although all equipment is warranted by the manufacturer for one year, ECI is offering a one year service contrac, for $3,000.00. This contract would provide four (4) site visits by ECI to clean, diagnose, and fine tune the equipment. The Denton Independent School District has indicated a willingness to pay for this service. Respectfully submitted, Bill Angelo I i A6493C/3 Y T M 44 CITY ~ I R Y 1 t r 1. 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Y~'yY r ~I, 4T q,V ~1 ~ n f!. 1 f~.. 28 a K ,E:~waacs~a~a~ce~cow.o ApeodaNo 9 - Ageadalten Date /0 !b ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 9 TO A CONTRACT BETWEEN THE CITY OF DENTON AND GRACON CONSTRUCTION COM- PANY! PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, on July 21, 1992, the City awarded a contract for the construction of certain improvements to Gracon Construction Company in the amount of $8,647,000; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in com- pliance with the requirements of Chapter 252 of the Local Govern- ment Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 3. That Change Order No. 9 to the contract between the city and Gracon Construction Company, a copy of which is attached hereto, for a total increase of one Hundred Two Thousand and 00/100 Dollars ($102,000.00), is hereby approved and the expenditure of funds therefor is hereby authorized. SECTION IT, That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ATTEST: JE1r`NIFER WALTERS, CITY SECRETARY gY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 , r e aGenda No A93RdElI oar• W-3 0(n 6 DATE; August 17, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER 026052A - GRACON CONSTRUCTION CO. WASTEWATER TREATMENT PLANT IMPROVEMENTS CHANGE ORDER #9 RECOMMENDATION: We recommend change order #9 in the amount of $102,000.00 to GracOn Construction Co. for the Wastewater Treatment Plant Improvements be approved. Public Utility Board recommends approval. SUMMARY: This change order will provide for the repainting of all existing ferrous metal surfaces at the Wastewater Treatment Plant; plus a small amount of concrete at the two (2) digesters. BACK_ O_ ROUND: Memorandum date August 17, 1993; change order documents. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Pectin Creek Wastewater Treatment Plant, Gracon Construction Co. FISCAL IMPACT: Funds for this change order will come from Utility Revenue Bonds for Wastewater Treatment Plant Improvements account #679-082-RB934002-9101. 4~Res,) fully su ted: . Harrell City Manager A roved: Name: Tom D. Shaw, C. P. M. Title: Purchasing Agent Iu:.DX I igendaNo 4q- August Agendaltemate 17, 1993 CITY COUNCIL AGENDA ITEM TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJ: Consider Change Order No. 9 in the Amount of $102,000.00 to Gracon Constructica Company for the Wastewater Treatment Plant Improvements Zontract for Repainting Existing Metal and Concrete Structural Components RECOMMENDATIONSi The Public Utility Beard recommends that the City Council approve Change Order No. 9 for $102,000.00. SUMKARY: This Change order will provide for the repainting of all existing ferrous metal surfaces at the Wastewater Treatment Plant; plus a small amount of concrete at the two (2) Digesters, BACKGROUND: During the early months of project review, it was the design ,intent to repaint all exposed metal surfaces of the existing Wae~•ewater Treatment Plant. In addition, there was a small amour0% of concrete surfaces at the two Digesters which needed paintini. In anticipation of a cost overrun before bidding this project, the repainting was eliminated in order to stay within a project buOget of $11,000,000. Subsequently the project came in at a low bid if $8,647,000; far below the Engineer's and Budgsz Estimate. The problem still existing is the corrosion of numerous exposed metal surfaces and tht discoloration of some concrete at the two Digesters where sludga has etched the concrete. The existing paint is severely deteriorated and is no longer capable of adequately protecting the ferrous metal surfaces from the destructive effects of oxidation. With proper maintenance, a new coat of paint could provide protection for another ten years and possibly more. geada No {gentlallem _ q~o late' Ala t0 PROGRAMS, GROUPS, AND DEPARTMENTS AFFECTEDI Citizens of Denton, Denton Municipal Utilities and Gracon Construction Company. FINANCIAL SUMMARY3 Alan Plummer and Associates Engineer's Estimate $1100000000 Original Contract Amount (Gracon Construction Co.) :8,647,000 New Increase Decrease in Contract Amountsi Previoub Change Order No. 1 61125.00> Previous Change Order No. 2 9,640.97> Previous Change Order Mo. 3 $ 21982.00 Previous Change Order No, 4 41950.83> Previous Change Order No. 5 $71,187.00 Previous Change Order No. 6 $ 91980.00 Previous Change Order No. 7 $ 6,196.00 Previous Change Order No. 8 $34,424.00 This Change Order No. 9 $102,000.00 Total of Change Orders $206,052.20 Revised Contract Amount $8,8531052.20 Net Change in Contract Time 0 Calendar Days Revised Contract Completion Time 730 Calendar Days Percent Change Orders per Original Contract Amount 2.38% Yyy tfully s itted V. Harrell, C Manager i Venda No 4gandaI e ' hale 50 !0 Prepared bys C. David Ham, P.E., Manager of Construction Projects Approved by: /4.11 CdlG". car Lee Allison, P.E., Director Water Engineering and Operations Exhibit It Change Order No. 9 Exhibit II: Backup Data { s 3CM005.wp ~6ndaNo Apen0a! e ~ Oeta p ~0 CHANGE ORDER [CO] nsslof3 PROJtCT~ lsaan Crank %VTP zM"Mm to tan cr wmaYea OWNUI GT911L_T m Owners~102 {Cityl kiln P aN6mno ar esociatea ne. lagiaserelt~;~a15 (A1A11 WX IF COWMCT01i Oracon Ceeatruat en Ceanemr Contractors cmm= oust as Datez 7/101111101 The caapsaaatiaa aprsed upon la this Charge Order is a fvll, aamplat• and llnal Pay=at for all costa the Pontractor Saeure as a result of or relating to this change, whather said costa ara known, unknown, foreseen or unforeseen at this tiae, laoludiag without limitation, say costa for delay, extended overnead, ripple or impact coat, or any other offset an changed or uaah ed vark to a result of this ahan s. CHMM 61M WORK TO Ian HIM= 3'Yomag-MA Cc ~ersat Son Tiae Ixtonaion/Gave Amount 1, 1i1s1@7C1 CMR 211 This Contract codification PAgU41t provides for the repainting of all asterior ferrous metal surfaces on $%sat suah as eaulpunt, haadralle, ralva operators, pipes, eto, and small ssauat of Digester aanarate 0 $102,000 TOTAL o Calsadar may* $102,000 M.- . men Wibit s uenaar~o - O TWO CHANGE ORDER [CO] 2 sago of I Fgriginal m plumper and Associates lngiaeer'I estiuta 111,0004000 Contract dmount (016con construction Co.1 !1,447,000 )(w increase or Dearsaas <s is Contract AMU4961 previous OW1s Order 110. 1 c! 9,140.17 previous C7w+g previous change Order xo. 1 ) 20112.60 previous Change Order Ro, 4 < 4,910,111P previous Chugs order 10a. 9 171,117.00 previous Change order 14.1 !,!10.00 previous chugs order No. 7 4,3!2,00 previous Change order wo. 1 14,424.00 This Change Order xo. 9 1101400.00 Total Of Change 014491 1106,052.20 revised Contract Aanunt 11.131,011.20 yet Change in Contract Time 0 Calendar Days Mvlosd COttriat Coap1eti0a Tice 710 Calendar Days percent Chugs 0sdets per Origiaal Contract Auaaunt 2,1 M AT7ACMWi CMI 29 Dlstsibutienn 497-0421 0.22 Dave Mae City of Denton 451.0420 D.22 puschesinp City 01 asatae Joe draves dragon Co"trietien fiestas City of Denton Ran Janson dragon Construction A. 1. 141065 City o! Inman Jennifee welters, city secretary tea Allison City of Denton +i Jroa: B1i39791~1 at ~elt-383 iISO ~r-i rt a p~ to; tWID W at !9.317.9a41 ~aAQaND, ^ 103 0 61 ApendaltS oeta ~So~lO cwam 0R3= (col 3 Dye of 3 Recoacaded by CaneulUni ltgiaearr Apprewd Coatr ter ryfer~ for 0e.eep„ocaectneeim Zao. a'd aaeeaiatea, Sea. Data r 2Alb Date i TfL ~1r3 Approved by M mayor of Cenearnctic-i Dra}eoter sy 4r. for City of Denton, Tune Approved by Dnrdeelaq anent- ^ _ n 6q~,`Yl3X ~r I~W~^G✓ for city 09 Deotaer l J a"retea Director of Natar soviaeerinq tad Oparaticm n by wdne~~v fa! CLy 09 DMI"i Tell" approvad by lumt»ve Direatar of Dti3dtlee Ir IIi,001 114,/1!1 for City W Deotea, Tame Aws'ond br City Cauasil or City sirupr far city of Deatea, Teaaa 16351000 mad above) I L +pahdaN0 4gendalpl Ogle _.~_1..•~r..Z,.S CONTRACTOR'S MODIFICATION REQUEST [CMR] OWNER CITY C ' DENTON PROJECT Nn. PROJECT PECAN CREEK WWTP IMPROVEMENTS F:NEE U102 CONTRACTOR GRACON CONSTRUCTION INC. ACTOR ?203 ENGINEER ALAN PLUMMER AND ASSOCIATES INC. R 457--0425 RESIDENT REPRESENTATIVE CLETE MARTIN Z N0. NOTIFICATION BY CONTRACTOR: x/.SI'r/q <p WE ARE PROPOSING TO MAKE THE CHANGE TO THE CONTRACT DESCRIBED IN THE ATTACHED MATERIALS AND REQUEST THAT YOU TAKE THE FOLLOWING ACTION: ❑ NOTIFY US THAT YOU CONCUR THAT THIS CHANCE DOES NOT REQUIRE A CHANCE IN CONTRACT TIME OR AMOUNT AND ISSUE A FIELD OROER ISSUE A CHANGE ORDER FOR PERFORMING THE DESCRIBED CHANGE. CHANGE IN CONTRACT AMOUNT AND TIME ARE INDICATED IN ATTACHED DETAILED COST BREAKDOWN AND REVISED SCHEDULE ❑ ISSUE A CHANCE ORDER FOR THE DESCRIBED CHANGE WITH PAYMENT AT THE UNIT PRICE BID. ❑ AUTHORI THE CONTRACTOR TO PROCEED WITH THE CHANGE UNDER THE TIME AND MATERIALS PRO THE CONTRACT. BY: ~-a.c•s---~ DATE: ENGINE 'S RESPONSE: WE RESPOND TO YOUR REQUEST AS FOLLOW&- ❑ we CONCUR THAT THIS IS A NO COST OR TIME CHANGE. SEE ATTACHED FIELD OROETL ;Iff -?OUR PROPOSAL IS RECOMMENDED TO THE OWNER SEE ATTACHED CHANGE ORDER ❑ PROCEED WITH THE CHANGE AT THE UNIT PRICE BID. SEE ATTACHED CHANGE ORDER. ❑ PR E-ME AND MATERIALS PROVISIONS THE CONTRACT. BY. DATE: 9 -AM ACTION TAKEN: ❑ PROPDSED CONTRACT MODIFICATION REJECTED. CONTRACTOR NOTIFIED NOT TO PROCEED. BY: DATE: ❑ FIELD ORDER ISSUED: NO. ~ DATES bY: ❑ CHANGE ORDER ISSUED: NO. DATE: g . ~rNr /l~,arEi;,,au /~6D~nc•C (~nc ' S/Ffr/C~ i:vU. 3 s; r,s" y F~v,f+^fcfnir ~rtxO tvvats r ~y ',c 'JyU `7cr;~r.i- c_ cYWl PIT VeodaNo. -4 Ageofalte r ~S'~~ 0 !mil ate P-!'j -Q o~~a ffi a~o MAILING ADDRESS: PA. BOX 850756, N1ESQUITE.,TEXAS 75185-0756, PHONE: (214) 222-8113 Fax: (214) 222.8542 ITEMS OF EXTERIOR PAINTED SURFACES 1. Bar Screens and all painted items in that area 2. MCC at Bar Screens 3. Handrails at Raw Sewage P.S. 4. Handrails at Administration Building crea 5. Handrails, door and windows at Primary Sludge P.S. 6. Primary Clarifiers (6) above water surface only 7. Handrail and Misc. Items @ Aeration Basins 1 - 7 8. Final Clarifiers (5) above water surface only 9. ThicYeners (3) above water surface only 10. Filters (3) handrail, bridges and misc. painted items 11. Digesters (2) all items above the cover, excluding cover itself, handrail, doors and windows 12. Sludge Beds, exposed piping 13. Chlorination & Dechlorination Basins, handrail, pumps and valve operators 14. Valve Box covers (75 ea.) 15. Manhole covers (35 ea.) 16. Misc. stairs, landings, handrail and valve operators around site. I it i STREET ADDRESS: 4143 LASATER, MESQUITE, TEXAS 75181 . 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X11 a jal / aV 4 ~ 1 4 '1 ~ ,~Ig f1 y ! w 1/ ftN' rV ~.n, la i . f 4 I r i fir lu.',S r y I j, 1 T s ft k a x~ 6 1 V ' nr 7 1 s ~f r ` ..1~ ~I V f r N d ~ i 11r .!F fC M t ? in J f 7:fh ix~r r r; Z.i fr q 'r rzsW'~{ 41 ifsy';t a 4r'~A a r♦ N(i 5 , N . { f ei ,e A N; Ir i ) ' RN P t ~~~yir 'i Ott ~`•~'~`,~iJ,~f rk~ ~+~d er~'a~ ~ ~ru a q a.' ~.,i in'~E . f k< , _ f 1 ! ~~1 ,j M.A. n r 4 a 4 k~ 1 u 1 u y' m r 1 r~+ar~~.~ ° r 1T N^. nR N LY ~ .,rl ~".1+a r~x; r 6 d6. w3 2517L/1589 Oflld~_~ NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND Pate Brothers Construction PROVIDING FOR AN INCREASE IN THE CONTRAff-7 O N EFFECTIVE DATE. WHEREAS, on MAY a 1993 , the City awarded a contract for the construction o carte n improvements to _gAIL.,jrqthers CONSTpUCTIO in the amount of I t.6eb.a21.1e an WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Lor.1 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 an PATE BROTHERS CONSTRUCTION , a copy of which is attached hereto, in the amount 0 NINETY-= THOUSAND FOUR Hum EI(M-EIGHT AND 27 100 Dollars k* ARA 17 , s ere by approve an t e expen ture of funds t ere or a ereby authorized. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRYe MAYOR ATTEST: FCRF ENNIFER E , APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY dY: II i Aped No q 3 Aper4l Do -l -q 3 DATE: August 17, 1993 d CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CHANGE ORDER #3 PO #34757 PATE BROTHERS CONSTRUCTION TEASLEY LANE PROJECT RECOMMENDATION: We recommend this change order 03 be approved in the amount 0 91,488.27. SUMMARY: This change order in the amount of $91,488.27 Is for additional work on the utility line relocation on Teasley Lane. It consists of two separate projects (1) $13,728.04 to relocate a fire hydrant and (2) $78,677.99 for the relocation of an 8" waterline. These projects were not included in the base bid. In addition to the $91,488.27, 20 days will be added to the completion date. The time extension will have no effect on the State's construction schedule. The new contract amount will be $11789,317.09. BACKGROUND: Memorandum dated August 10, 1993, Change Order 03 proposal. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Pate Brothers Construction, Teasley Lane Utility Relocation -B Td #1493. FISCAL IMPACT: This change order will be funded from Water and Sewer Revenue Bonds account 4662-081-RB89-R302-9138. 4 Resp fullly sub e : C Ll Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: FlArchasing Agent 4os.DW ayendaNo, Q $ 3 C A~endallem Dole August 10, 1993 TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: CHANGE ORDER X13 FOR TEASLEY LANE BACKGROUND Change Order #3 consist of two items. The first item is a $13,728 increase for the relocation of a fire hydrant on the south side of Teasley Lane at Indian Ridge. This hydrant services both the Southmount Sapcist Church and the Houston Elementary School. The second item is $78,677.99 for 750' of 8" waterline located on the east side of Teasley Lane north of Londonderry Drive in front of La Prairie Apartments. Both the fire hydrant and the waterline were incorrectly located prior to construction and are in conflict with the proposed construction of FM 2161. The waterline in front of La Prairie Apartments will be relocated to a 15' utility easement. A two hundred foot bore is proposed in order to minimize damage to five protected post oaks, two nonprotected post oaks and the La Prairie Apartment sign. Boring is expensive, therefore the unit price for this waterline is higher than what the City normally pays. The existing lead line for the fire hydrant at Indian Ridge and Teasley which crosses Teasley Lane is buried too shallow and is in conflict with the proposed highway. A new lead line will have to be laid across Teasley Lane which will require a bore and encasement. This extra work caused the price for the hydrant relocation to be high. Both prices for the fire hydrant relocation and the waterline relocation are at or below the existing contract prices. The contractor will be given an additional 20 days to complete the contract. This will not cause any problems with the State's proposed construction schedule. The contract with the extra days should be completed by September 24, 1993. ~pend4No. C ApendaN _ ~ Page 2 (isle 4aP~ The Water/Wastewater Utilities Staff recortwiends approval of Change Order #3 for the following reasons: 1) Both items will have to be completed prior to t'e State starting construction. 2) The unit prices are at or below the contract prices. Respe" ully sub ed o "V Har 11 City Manager Prepared by: Lee Allison, Director Water Engineering and Operations Approved byt R. E. Nelson, Executive Direcotr of Utilities 4tltl070, v.p 4 S W.iI ~^e aNo.1 CITY OF DENTON CHANGE ORDER oete,.~:1 ~ ~ 1 Division (Department) 2. Purchase Order No. 3. Change Order Na. Eng;neeringlTransportatlon 34757 3 4. Name of Project S. Project Acct No. 6. Date Prepared Teasley Ln Utitlty Relocations August 4, 1993 7. Name and Address of Contractor Page Brothers Const., Inc • 780 W. Mansfield Hwy - Kennedale, TX 76060 8. Description of York Included In Contract Relocate Water/Wastewater and electrical, utilities 9. Changes ordered end reason ordered (list individual changes as: A, 1, C, D, eta See 14o w's attached 10. lid Original Contract Revised Negotiated original Revised Contract Item Estimated Unit Estimated C.O. Unit Estimated Eatimeted Chwves No. Quantity Price Quantity Price Cost Cost A. Water 2.12•D 981 28.98 LF 1722 24.00 28,429.38 46,213.38 1. Water 2.12-E 32 19.52 LF 117 19.52 624.64 2,283.84 C. Water 2.13.1•C 8 535.06 EA 10 535.06 4,280.46 5,350.60 0. Water 2.13.1•D 2 426.76 EA 3 426.76 853.52 1,280.28 E. Water 2.12.9.8 483 MOM 40.07 LF 733 40.07 19,353.81 29,371.31 F. Sower 2.12.9.1 346 29.03 LF 426 29.03 10,044.38 12,366.78 Q. Sewer 6.4-D 80 113.88 LF 160 113.88 9,110.40 18,220.80 0. Water 2.16.1 1 918.49 EA 6 918.49 918.49 5,510.94 1. Water SP-40A 7 301.46 EA 9 301.46 2,110.22 2,713.14 J. Water 8.2-A 10 18.98 LF 80 16.98 189.80 1,518.40 K. Water 2.14 6 1510.62 EA 9 1510.62 9,063.72 13,595.58 Additional Remove Hyd 1 250.00 .00 250.00 Additionat lore 14a 250 LF 130.00 .00 32,500.00 Additional, Repair HMAC 121 IN 42.00 .00 5,082.00 Additionat Hyd ENt 1 VF 210.00 .00 210.00 Total total 84,978.84 176,467.05 As of 0.0. 02 If. Orflinat Contract Price 1.697.828.82 Increase in Contract Price 91.488.27 Now Contract Prtze 1.769.317.09 Decrease In Contract Price 12. Contract time fncressed by. 20 days. New contract time_ 94 days. INC AFOREMENTIONED (MANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTAACT STIPULATIONS AND COVENANTS. 13. ISStED FOR REASONS INDICATED: •L A~ I ~O S Lion supervisor Oate 14. ACCEPTED RY CITY ENGINEERI ` Sip ture title Date 15. ACCEPTED pY CONTRACT00i signature T tte Date 16. ASSISTANT CITY KANAGER sipnatun Title Dote OIRECfOR OF UTILIrIEft At 4t 4+ftlw s-9-o s pnae~ rltte Date CONDITIONS Of APPROVAL$ 17. PURCHASING/FINANCEi SipMtura ~ Title Dote COUNCIL APPROVAL Of weeded) AEE00223/E•9 Date e a I r~~r v: S f y , o r'i r r ~~f y 1 y- n+y 9 I 1% 1 y i i y It e e I. t Or .1 i y ~ I y r + r . ~r I r y a 1 MrYwn+' 10 OOOO~ 0 0' 7 r ~ I r I ....rte iff Of Gr r In r t c , ' ° y , , F tl~ « u XC 01 r ~s MrtlNr iy tb~ v U rV-J, ( fr. » :i ♦ r Y x i n~n4 rcr c~ ~ 1 s trre "FK N ey Nx n~Nl her i F y4 l) N y.~ h vi~ ~u~ Tf 2 t trp r,'lr Is-'L~I d; ~N Yyv; t ry ~'~a h r I t ~t i~" a rt t v ~ 1B ~ Mr6~ e 1 d cn F" Q I 't w AMI. 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Harrell, City Manager SUBJECT$ change of name of Citizens Traffic Safety Support commission to Traffic safety commission R NpATIONt Approval SUMMARY$ The Citizens Traffic Safety Support Commission recommends approval for a name change to Traffic Safety Commission ~CRGAOUNDt When the commission was created, it was intended to function solely in an advisory capacity. That role has changed and the commission has assumed a decision-making role, particularly in issues involving driveway/curb cut and parking lot variances. Also, the name appears to be too long and citizens often tend to forget what to call it or how to address it. PRNRAMS, DLOAAT ENTS OR GROUPS AFFECTEDt Engineering B Transportation Dept, Planning Dept, Police Dept, General Government Transportation, and general public FISCAL IMPACTt None Zar SUBMTTEDt r• City Manager Prepared bye Lu4....~t, Ems. Paul lwuchukwu Traffic Engineer Approvedt Je ry c r Di for ngineering 6 Transportation ASS0029C . WO Oats CTSSC MEMO July 8, 1993 page 10 ITEM 09 REQUEST FOR COMMISSION NAME CHANGES Since its Safety Support Comiiees#onotCTSSC).en This snomenclatureCitizens Traffic was intended to reflect the boards- solely supporting role, and to distinquish it from other rule-making boards such an the Planning and Zoning Commission. For some time now$ the commission has assumed rule-making. authority regarding variances on curb cuts/driveways and parking lots. Another reason for this change proposal is the name is rather longs not only does it constitute a typing project by itself, sometimes citizens don't remember what to call it or how to address it. We feel this confusion can be eliminated by simply calling this board Traffic Safety Commission". Staff recommends approval, 1 rrrn~ 14endaNo ~-d Agendaltem S Date CTSSC MINUTES 3c) July 12# 1993 page 25 ITEM 19 CHANGE CITIZENS TUFFIC SAFETY SUPPORT COHNISSION NAME TO "TEiAFFIC SAFETY COMMISSION•s Chairman Chadwick said this is a clear-cut, straight forward { request. he said he has read, and concurs with the staff's back up. The rest of the commissioners said they do too. Chadwick asked for a motion. STAFF RECOMMENDEDi Approval COMMISSION1 Kay made a motion to approve the name change of citizens Traffic Safety Support Commission to Traffic Safety commission. Duncan seconded the motion. Motion passed unanimously. . ARE00288 t~ q"da No 0-0 Sn~ wendalt ^ a;. ~(O ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE OF NAME FOR THE CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION TO THE TRAFFIC SAFETY COMMISSION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Citizens Traffic Safety Support Commission has requested a change in its name to the Traffic Safety Commission; and WHEREAS, the City Council is of the opinion the requested change is appropriate to more accurately reflect the function of the Commission; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the Citizens Traffic Safety Support Commission will hereafter be known as the Traffic Safety Commission. SECTION 1. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions con- tained in this ordinance are hereby repealed to the extent of any such conflict. SECTION III. That this ordinance shall be effective immed- iately upon its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS$ CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; D RA A. DRAYOVITCH, CITY ATTORNEY 'IN BY! 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( ~((f r:e ryf~rp}'~ ni#xP? ` " E s" /.r. i )ky k1 f411 P ~1 t der t„• K ~ 7 t x ! t I `1 Rt ~ AI t FI ba lba ~L rfrr i rr L b r / Q1' + 'I,a~ e ,'Y ~ 1 P' t P r 7 1 f~ « 1~~¢~ . e Ti ii 1~t , r f ,y~ C¢ b i P N ~ ~ v ~ k-5~ d P a ~~11 ('r '~rr y~ ~ tlY•` .~~d r 'xt r ySxr t tr qir ~v'~ ~ ~ Fc'~~' 0.`'Jri r qq1• 5 X Y',q N hi i` 1~• 1 ~r 14 1 #,Lg uv ~~6, `A~b #`7rt yr ~L :ra: aics, 4 apMdtNa. AQladil ~ QNI-~_~ CITY COUNCIL REPORT Q TOi Mayor and Members of the City Council FRONT Lloyd V. Harrell, City Manager SUBJECTS Easement Agreement RECOMMENDATIONt Approve ordinance authorizing the execution of a new easement agreement with Denton Independent School District and Nations Sank of Texas N.A. which replaces the existing easement agreement with the bank. i s ubwY r Denton Independent School District (D.I.S.D.) has approached the City and Nations Sank with a plan for the construction of a bus lane for Sam Houston Elementary School. This proposal would separate the bus and private traffic. Presently, all vehicles exit onto Teasley Lane in front of the school. The proposal would maintain the private traffic in front of the school and the bus traffic enter and exit the school by way of the Ius lane in the rear of the school. In addition, D.I.S.D. will bear all cost to construct the remaining portion of the drive across the bank's tract and also share 1/3 of the maintenance cost. BACKGROUNDt An easement agreement was reached between the two adjacent property owners, Nations Bank of Texas, N.A. and the City of Denton. At that time, the city's and the bank's properties Planned Development (P.D.) toning was revised to add the f'.re station and library to P.D. The agreement requires the construction and maintenance of the driveway to be shared equally. The City has constructed the east one half of the drive at the time the fire station was built. AROORAM DEPARTMENTS, OR 9BOUPS AFFECTEDr Aire Departnent and Library maintenance cost will be lees by including D.I.S.D. in the agreement. Presently, the City and bank share these cost equally. FISCAL IMPACTt D.I.S.D. will construct the remaining portion (west half) of the access driv ay, plus lower the city's portion of the maintenance cost from one half (1/2) one third (1/3). 4;4a LLY SU TEDr 11/ ri City Maager Pre ed byr 1 Roq N. Wilk] supervisor of Engineering Techs/ROW Approve t Jerry t Directo of E erring 6 Transportation AES0029C r ~ a i Aej4ko, lid, r z.~ o : • s F _ 22 3 v Dab N .'.WOG II CM, jJ a i~ ~ - C',•~ * p -I I r ~'p yl Z C ~1 O f I ~ m II I x {j N ``r O ■ 7 1 ~ ~ Q~ 1 G e + I- - . m 10' nuT: All - ' - H N ' ll~.k.{A4 w I'~AU fYM~~_ ' l E:~woocs~o~a~wArtow.o aQ81iCflN0• Ageridal! Date'? a ORDINANCE NO. AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN NATIONS BANK OF TEXAS, N.A., THE CITY OF DENTON, TEXAS, AND DENTON INDEPENDENT SCHOOL DISTRICTI AUTHORIZING THE ACCEPTANCE OF AN ACCESS EASEMENT FROM NATIONS BANK OF TEXAS, N.A.: AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton, Texas approves the Easement Agreement between the City, Nations Bank of Texas, N.A., and Denton Independent School District providing for an easement of the real property described in the Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. ,$f,CT o_~N II. That the City Manager is authorized to accept an access easement from Nations Bank of Texas, N.A and to execute any documents related to the easement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i ApaaNo.a "endalt S - ,MO STATE OF TEXAS 4 COUNTY OF DENTON § EASEMENT AGREEMENT 1 THIS EASEMENT AGREEMENT (hereinafter referred to as this "Agreement"), made the day of _ 1993, by and between NATIONS BANK OF TEXAS, N.A. (FORMERLY KNOWN AS NCNB TEXAS NATIONAL BANK, ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF FIRST REPUBLIC3ANK DALLAS, N.A., SUCCESSOR BY MERGER TO REPUBLICBANK DALLAS, N.A., FORMERLY KNOWN AS REPUBLIC BANK OF DALLAS), (hereinafter referred to as "Bank"), the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas (hereinafter referred to as "City"), and the DENTON INDEPENDENT SCHOOL DISTRICT, a political subdivision of the city of Denton, County of Denton, and State of Texas (hereinafter referred to as "District"). ALL REFERENCES CONTAINED HEREIN to "Bank," "City" or "District" include their respective successors, heirs, legal representatives, assigns, lessees or sublessees as if set forth at length. RECITALS WITNESSETH, THAT WHEREAS, City is the owner of all of that land situated in Denton County, Texas, which Is described in Exhibit "A" attached hereto and incorporated herein for all purposes (hereinafter referred to as "Tract A"); and WHEREAS, District is the owner of all of that land situated in Denton County, Texas, which is described in Exhibit "B" attached hereto and incorporated herein for all purposes (hereinafter referred to as "Tract B"); and WHEREAS, Bank is the owner of a certain parcel of land lying in between and adjacent to both Tract A and Tract B in Denton County, Texas, which is described in Exhibit "C" attached hereto and incorporated herein for all purposes (hereinafter referred to as "Adjacent Tract"); and WHEREAS, City and District desire that Bank convey to City and District a perpetual and non-exclusive easement benefiting both Tract A and Tract 6, in, over, across and through a portion of the Adjacent Tract, to provide for joint driveway access so that City and District have adequate vehicular access to Improvements It may construct on Tract A and Tract B; and WHEREAS, Bank is willing to grant such easement upon the terms and subject to the conditions which are hereinafter set forth; L AHMENT A6i EEd1ENT PA661 k Apetlda No.9 dal Obta 5o g NOW, THEREFORE, FOR AND IN CONSIDERATION of the rautual entry into this Agreement by the parties hereto, and in consideration of the payment of One Dollar ($1,00), and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each undersigned party, the parties agree as follows: GRANT OF EASEMENT 1. Bank hereby grants and conveys to City and District and their respective successors and assigns a perpetual and non-exclusive easement (hereinafter referred to as "Easement") in, under, upon, over and through all of that portion of the Adjacent Tract, which is described in Exhibit "D" attached hereto and incorporated herein for all purposes (hereinafter referred to as "Easement Tract", for vehicular access to improvements City and District may construct upon 'rract A and Tract B. 2. Bank hereby reserves the right to itself, its successors, heirs, legal representatives, assigns, lessees, sub-lessees and licensees, and their employees, customers and invitees, the use and enjoyment of all or any portion of the Easement, the Easement Tract and the Access Drive. Bank further reserves the right to grant other easement rights with respect to the Easement Area, but any such grants shall expressly provide that any improvements constructed thereupon, whether underground or overhead, shall be constructed in manner not inconsistent with the use of the Easement Tract as an Access Drive. 3. As used herein, the term "Access Drive" is defined as a driveway constructed upon the Easement Tract. The City has previously constructed the east 250 feet (more or less) of the Access Drive on the Easement Tract, The District agrees to construct the west 250 feet (more or less) of the Access Drive on the Easement Tract at the time it constructs a circular bus unloading drive on Tract B or within one year after the date of this Agreement, whichever occurs first. 4. If City of Denton Ordinance Number 91.007 which relates to Screening between Tract B and the Adjacent Tract has to be amended solely because of this grant or use of the Easement, the District agrees to pay for all costs associated with the amendment, and the parties hereto agree to determine whether such amendment is necessary and, if so, complete the amendment process within one (1) year after the date of this Agreement. As for as any other amendment in City of Denton Ordinance Number 91.007 Is concerned, the City and District agree to cooperate In the amendment process, EASEMENT AGREEMENT PAGE Z nn } 5 I -Q3 0818 13 5. The Access Drive must be constructed so as to comply with the then existing minimum standards for construesion for parking lots as established by Appendix A-5, Division III of Subdivision Land Use Regulations of the Cjty of Denton. 6. City and District will each be responsible for one-half (1/2) of all costs of repairing and maintaining the Easement until Bank, its successors, heirs, legal representatives, assigns, lessees or sublessees obtain i building permit to commence construction of buildings on any portion of th. Adjacent Tract, which buildings are for uses found in the Table of Permitted Uses attached to the City of Denton, Texas, Ordinance Number 91.007, its amendments and succeeding ordinances. Upon the issuance of a building permit on the Adjacent Tract for the construction of improvements as set forth above, the Bank, City and District will each be responsible for one-third (1/3) of all costs of repairing and maintaining the Easement. If any party desires for repairs to be made, it shall notify the other parties responsible for the repairs in writing as to the nature of repairs to be made and promptly submit to the other responsible parties a cost estimate for such repairs. If a responsible party is not satisfied with such cost estimate, it shall within twenty (20) days so notify the other responsible parties and deliver to the responsible parties a cost estimate for such repairs from a reputable third party contractor. The party desiring the repairs to be made shall thereupon undertake such repairs for a cost equal to the average of the estimates submitted to and by it. Any notice and estimate delivered by a party beyond twenty (20) days from the date notice was given to it shall be deemed unacceptable and shall not be considered in repairing and maintaining the easement. i 7. Bank is executing this Agreement in a representative capacity only, and it Is hereby specifically unJerstood and agreed that Bank will not incur any personal liability for breach of warranty or of any other conllition, obligation or representation made herein whether made expressly or by implication, and that in the event of such a breach, Bank shall be liable only to the extent to which Bank holds assets and properties for the specific entity on behalf of which this Agreement is executed. Notwithstanding the preceding sentence, Bank hereby represents unto City and District that Bank has the full power and authority to enter Into this Agreement and all instruments that may be executed and delivered as required by the Agreement, including, but not limited to, the Bank Deed and Easement Agreement; and the exculpation provision of the preceding sentence shall not apply to the representation contained in this sentence. 8. This Agreement supersedes and t. daces that certain Easement Agreement dated May 9, 1991, between the Bank and the City recorded in Volume 3097, Page 84 of the Real Property Records of Denton County, Texas. 6AIRMLNT ACRIEWNT M06 7 p enA°9}te~- rials AS WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be duly executed by their respective authorized officers as of the day and year first written above, 1 NATIONS BANK OF TEXAS, N.A., TRUSTEE by: Howard Compton, Vice President CITY OF DENTON, TEXAS by: Bob Castleberry, Mayor DENTON INDEPENDENT SCHOOL DISTRICT by: i Charles Stafford, President GAS KWINT A 0 A UMBNT PA°64 i J ~t.J 3 EXHIBIT "A" OF~3 All that certain lot, tract or parcel of land situated in Denton County, Texas, in tpe C. Poulallier Survey, A-1006 and being part of a tract shown by deed to First National Bank, Trustee, recorded In Volume 718, Page 57, Deed Records of Denton County, Texas, and being more particularly described is follows: BEGINNING at the southeast cornet of said First National Bark tract; THENCE South 88 degrees 49 minutes 55 seconds West with the South line of said First National Bank tract 493,17 feet to its Southwest corner; THENCE North 1 degree 10 minutes 05 seconds West a distance of 250.0 feet to a point for corner; THENCE North 88 degrees 49 minutes 55 seconds East a distance of 493.17 feet to a point in the Westerly right-of-way line of F. M. 2181; THENCE South 1 degree 10 minutes 05 seconds East a distance of 250.0 feet to the Point of Beginning and containing 2.8304 acres of land. The hereinabove described property is also known as Lot A, Block One, R.N.W. Addition, an Addition to the City of Denton, Denton County, Texas, recorded In Cabinet H, Page 3380 Plat Records, Denton County, Texas. i t ~gertdaNo EXHIBIT "B" tMga~ ndsi 3 All that certain tract or parcel of land situated in the Cyprian Poullalier Survey, A• 006, City of Denton, Denton County, Texas, being part of a tract described in a deed* from David W. Gleeson, Trustee to John M. Avinger, et at, on April 20, 1973, recorded on Volume 672, page 78, Deed Records of said County, and being more particularly described as follows: BEGINNING at a steel pin at the Northwest corner of said tract on the South right-of. way of F. M. Road 2181; THENCE South 89 degrees 35 minutes 52 seconds East with the South line of F.M. Road 2181, 537.84 feet to a right-of-way post at the beginning of a turv-; THENCE Easterly with said right-of-way and said curve to the right, a central angle of 10 degrees 03 minutes 55 seconds, a chord bearing and distance of South 84 degrees 33 minutes 54 minutes East 118.30 feet, a radius of 674,25 feet, and an arc length of 118.45 feet to a steel pin at the Northwest corner of a certain 9.212 acre tract described in a deed from Alden E. Wagner to First National Bank on August 12, 1974; THENCE South 0 degrees 41 minutes 16 seconds East 334.0 feet to a steel pin; THENCE South 23 degrees 54 minutes 10 seconds East 126.27 feet to a steel pin; THENCE South 0 degrees 41 minutes 16 seconds East 417.84 feet to a steel pin at the Southwest corner of said 9.414 acre tract; THENCE South 89 degrees 18 minutes 44 seconds West 782.62 feet to a steel pin in a~ fence on West boundary line of said Avinger, et at tract; THENCE North 2 degrees 00 minutes 59 seconds East with said fence 374.30 feet to a steel pin at an angle; THENCE North 1 degree 56 minutes 57 seconds East with said fence 518.08 feet to the Place of Beginning, containing in all 15.00 acres of land, more or less. getMaNo _ 3 Agtmdit bte " EXHIBIT "C" ~~Q>cL3 TRACT ONE t All that certain tract of land, to-wit: BEING part of the tract of land conveyed to T. L. Caruthers by R. M. Evers as recorded in Volume 446, Page 291, Deed Records of Denton County, Texas, the same being in the Cyprian Poullalier Survey, Abstract No. 1006 and being more particularly described as follows: COMMENCING at the Northwest corner of said tract, said point being in the South line of F. M. Road 2181 (a 90 foot right-of-way); THENCE South 89 degrees 34 minutes 16 seconds East, 573.84 feet to the beginning of a curve to the right, having a central angle of 10 degrees 01 minutes 38 seconds and a radius of 674.25 feet; THENCE along said curve and said South line of F. M. Road 2181, 118.00 feet to the point of beginning, said point being in a curve to the right, having a central angle of 78 degrees 51 minutes 22 seconds, a radius of 674.25 feet and a tangent bearing of South 79 degrees 32 minutes 38 seconds East; THENCE along said curve and said Southwesterly line of F. M. Road 2181, 927.97 feet to the end of said curve; THENCE South 0 degrees 41 minutes 16 seconds East, 293.21 feet along the said West, line of F. M. Road 2181; THENCE South 89 degrees 18 minutes 44 seconds West, 493.17 feet; THENCE North 0 degrees 41 minutes 16 seconds West, 504.70 feet; THENCE North 23 degrees 54 minute's 01 seconds West, 126.27 feet; THENCE North 0 degrees 41 minutes 16 seconds West, 334.00 feet to the POINT OF BEGINNING and containing 9.212 acres of land. SAVE AND EXCEPT: All that certain lot, tract or parcel of land situated in Denton County, Texas, in the C. Poulailler Survey, A•1006 and being part of a tract shown by deed to First National Bank, Trustee, recorded In. Volume 718, Page 570 Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said First National Bank tract; ;w w^ar~ 'gendaNo 9 3 -o3 ~ Agendai em S Nte - THENCE South 88 degrees 49 minutes 55 seconds West with the South line of said First State Bank tract 493.17 feet to its Southwest corner; THENCE North 1 degree 10 minutes 05 seconds West a distance of 250.0 feet to a point for corner; THENCE North 88 degrees 49 minutes 55 seconds East a distance of 493.17 feet to a point in the Westerly right-of-way line of F. M. 2181; THENCE South 1 degree 10 minutes 05 seconds East a distance of 250.0 feet to the Point of Beginning and containing 2.8304 acres of land. The hereinabove described property is also known as Lot A Block Addition, an Addition to the City of Denton, One, R.N.W. Denton Count Texas, Cabinet H, Page 338, Plat Records, Denton County, Texas. y' recorded in TRACT TWO All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the C. Poulallier Survey, Abstract No. 1006 and being part of tract conveyed to the City of Denton by deed recorded in Volume 2423, Page 154, Real Property Records and also being part of two tracts conveyed to the State of Texas by deeds recorded in Volume 400, Page 341 and Volume 400, Page 334, Deed Records, Denton County Texas and being more particularly described as follows: BEGINNING at the northeast corner of the herein described tract, said point lying in/ the South line of F. M. 2181 (Teasley Lane), a public roadway with a right-of-way of 90.0 feet and the West line of Lillian Miller Parkway, a public roadway with a right-of- way of 90.0 feet; THENCE South 1 deg. 04 minutes 17 seconds East along the East boundary line of the herein described tract, same being the West line of F. M. 2181 jeasley Lane), passing at 285.79 feet the Northeast line of the old curve portion of F. M. 2181 (Teasley Lane) right-of-way and continuing a total distance of 575.43 feet to a point for corner, said point lying in the Southwest right-of-way line of the old curve portion of F. M. 2181 (Teasley Lane), some being the Northeast boundary line of a tract conveyed to First National Bank by deed recorded In Volume 718, page 57, Deed Records of Denton County, Texas, said point also being the beginning of a curve to the left having a radius of 671,20 feet, a central angle of 66 degrees 33 minutes 54 seconds and a chord bearing and distance of North 41 degrees 00 minutes 11 seconds West, 730.66 feet; THENCE Northeasterly along said curve and lines an arc length of 779.78 feet to a point for a corner; ~gandaNo ~gendalt late of~3 THENCE North 70 degrees 12 minutes 43 seconds East along the South line of a F. M. 2181 (Teasley Lane) a distance of 62.74 feet to a point for corner; THENCE South 89 degrees 44 minutes 37 seconds East continuing along the Soo line of F.M. 2181 (Teasley Lane) passing at 126.36 feet the Northeast line of the old curve portion of F. M. 2181 (Teasley Lane) right-of-way and continuing a total distance of 413.54 feet to the place of beginning and containing 1.962 acres of land, more or less. i AgendaNt, O 4gentlalt r Oete g l3 d~13 EXHIBIT "D" All that certain lot, tract or parcel of land situated in Denton County, Texas in tpe C. Poulallier Survey, A-1006 and being all of a tract shown by deed to First National Bank, Trustee, recorded in Volume 718, Page 57, Deed Records of Denton County, Texas and part of a tract deeded to the State of Texas, recorded in Volume 400, Page 334, Deed Records and also part of a tract shown by deed to the City of Denton, Texas, recorded in Volume 2423, Page 154, Real Property Records and being more particularly described as follows: COMMENCING at the Northwest corner of said First National Bank tract and in the existing Southerly right-of-way line of F. M. 2181; THENCE South 1 degree 10 minutes 05 seconds East a distance of 334.0 feet to a point for a corner; THENCE South 24 degrees 23 minutes 00 seconds East a distance of 123.63 feet to a point for a corner; THENCE South 1 degree 10 minutes 05 seconds East a distance of 224,27 feet to the Point of Beginning; THENCE North 88 degrees 49 minutes 55 seconds East a distance of 220.0 feet to a point for a corner; THENCE North 1 degree 10 minutes 05 seconds West a distance of 10.0 feet to a point for a corner; THENCE North 88 degrees 49 minutes 55 seconds East a distance of 273.17 feet to a point on the West right-of-way of Lillian Miller Parkway; THENCE South 1 degree 10 minutes 05 seconds East with the West right-of-way of Lillian Miller Parkway a distance of 40.0 feet to a point for st corner; THENCE South 88 degrees 49 minutes 55 seconds West a distance of 493.17 feet to a point for a corner in the most Easterly West line of said "First National Bank" tract to a point for a corner; THENCE North 1 degree 10 minutes 05 seconds West a distance of 30.0 feet to the Point of Beginning and containing 0.402 acre of land. ~,r Jk1 1 7 t r I 1' 1 i' ,r • v fi. t ~ n 4' i J s I 1 W ~ r ~ , r i 1JF T tC~ 14 ~ is A 1 1 ~'t 1` L r .t r 1' r r i W , ~ I p J 3 t vf. 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J t St 11 In f~V !'l. q(i~. i ti S~~tf"~y~l rye ~T~I~~~t~a~~Y _~11p 11 +~~Y°!f5l,~t n`G°~)ft 4v[ :In[~~CAy~rt~J ~i J dr ty '~1 S ~ +3 , $a rr Y ° f,:"e~i{! t✓ r i ~ v}~ ! y~Ittl ry ( rS.n .^til f [ I ! a rIYT~ ~,n e~ r JTr ~y ~knll : ~f ! vk ~ ~ I !+N°~4 ~ e'',t ! w , d r 6 f k . ,a' ! tl~e~ ~ }t ,i ,F ~ y n^.r oat t d n ~kd~r t ~tkv ~ l'. !a~ r.~ro. by T!{. ~rlFr[,.t iMl r r -yaa ~ p~ , ~µR 1 a.~ J~~m If t ei i ♦ .b r~,3 11 [4 t[T 'S}4 g, pr Air~~~Jti 'y; 14 r~ t ry. Jt \4t.lt E~ i tk 'r"F k 1 N.k.$ F11 3; .,~9r 4V :Y i ti c k i t P 1~}a; Ai~7.. ~~R , s !II 1~ or t; S.-'~Ahd.r -X I,. AoWi No. r 4 n.~ DATE: August is 993 -7 /of q CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJ: Amendment to Chapter 14, Code of Ordinance RECOMMENDA=: The staff recommends adoption of the ordinance amending Section 14-26 of the Code of Ordinance for clarity purposes. SUMMARy, The proposed ame•-dment will allow Animal Control and Environmental Health to address problems and citizen concerns that heretofore we have been unable to respond to. Presently, Chapter 14 does not clearly define terms such as health officer, unsanitary condition, or unhealthful condition. Additionally, the provision for making inspections is not clear. To remedy these deficiencies, the proposed amendment includes definitions for these terms. Further, the proposed ordinance specifies certain conduct which, after a notice to abate issued by the health officer, would be deemed a violation of this ordinance. BUKQR=: The Texas Department of Health inspected the Hartfelt Humane Society on February 16, 1983, and found that the shelter did not meet the standards set forth in the State's Animal Control Shelter Ac+,. The animals were voluntarily released to the City's Animal Control Center by the Director, Laura bill, on that day. The director of Hartfelt also voluntarily ceased operations at that time. Several of the animals released died in the Animal Control facility due to medical problems contracted before being in the City's facility, Several others were adopted and some were destroyed after the 96-hour holding time period expired. ~I .y. y kY.ils. Ap*No A" Amendment to Chapter 14, Code of Ordinance Dot! -LL V August 11, 1993 Page 2 The City did not have inspection Jurisdiction in this matter, Our current Code of Ordinance does not set any standards for the housing of animals, either in a rbelter situation or at a private residence. The purposed amendment corrects this deficiency. EROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Animal Control Division Environmental Health Division General Public E16CA41MPACT i None Respectfully submitted, U loy V. Harrell City Manager Prepared by+ 4one Malo-Ku1I Environmental Health Services Manager Approved Betty McKean Executive Director Municipal Services/Economic Development e P E i NWD0L', .ORA HEALT $OF .0A0 Agenda No . O AOendalte Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANFNDING PORTIONS OF CHAPTER 14, ARTICLE II, ("HEALTH OFFICER"), OF TPE CODE OF ORDI- NANCES OF THE CITY OF DENTON TO PROVIDE FOR A DESIGNATION OF A CITY HEALTH OFFICER; TO PROVIDE DEFINITIONS FOR UNSANITARY, UNHEALTHFUL, AND UNSAFE CONDITIONS; TO PROVIDE THE HEALTH OFFICER WITH AUTHORITY TO MAKE INSPECTIONS FOR UNSANITARY, UNHEALTHFUL, AND UNSAFE CON- DITIONS AND ABATE SAID CONDITIONS AFTER NOTICE; TO PROVIDE FOR AN OFFENSE FOR ANY PERSON TO MAINTAIN SAID CONDITION AFTER NOTICE TO ABATE; TO PROVIDE FOR A SEVERABILITY CLAUSE; TO PROVIDE FOR A REPEAL OF ANY ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION OF THE PROVISIONS HEREOF; AND TO PROVIDE FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 14-26 of the Code of Ordinances, of the City of Denton, Texas, is hereby amended to read as follows: Sec. 14-26. Designation of City Health Officer. The duties provided in this Chapter shall be performed by the City Health Officer. The City Health officer is the Environmental Health Services Manager. SECTION II. That the Code of Ordinances, of the City of Denton, Texas, is hereby amended by adding sections to be numbered 14-27 and 14-28, which said sections read as follows: Sec. 14-27. Authority to Xake inspections and Abate Nuisances After Notice. (a) The City Health officer may inspect all places and premises in the City at reasonable times with the permis- sion of the owner or occupant or may, upon issuance of an appropriate warrant, enter in and upon any premises within the City. (b) Upon finding any unsanitary, unhealthful, or un- safe condition, or any condition constituting a nuisance, the City Health officer shall give tho owner or occupant of such place or premises written notice to abate such con- dition within five (5) days. The following terms, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Unhealthful means a condition which is un- clean, contaminated, or unwholesome; I 4genQa No. 3 -Q.40 Agerttlaltam Date Z 3 Hafq 2. Unsafe means a condition which is capable of causing harm or injury; and 3. Unsanitary means a condition containing or promoting disease-causing organisms and other harmful substances. (c) Unsanitary, unhealthful, or unsafe conditions shall include, but not be limited to the following: 1. An accumulation of organic bodily waste which places the health of any person or animal at risk; 2. An animal shelter not in compliance with TEX. HEALTH 6 SAFETY CODE ANN. Sec. 823.003; 3. Any uninterred dead animal upon a premises; 4. Any unpreserved animal part or parts displayed on a premises, except in retail or wholesale establishments offering meat, fish, or poultry for sale such as grocery stores, butcher shops, or fish markets; 5. A steel trap set up on a premises designed to be capable of causing injury to any person or animal; 6. Any condition which is defined as a nuisance, pursuant to TEX. HEALTH & SAFETY CODE ANN, Sec. 341.011 et seq. Sao. 14-28. Enforcement. (a) The abatement by anytreasonable Omeans any unsanitary, unhealth- ful, or unsafe condition if not abated by the owner or oc- cupant within five (5) days. (b) It shall be unlawful for any person to refuse to allow any authorized inspection of a premises. (c) it shall be unlawful for any person to keep, allow or maintain any unsanitary, unhealthful, or unsafe condi- tion on a premises owned by him or under his care or oc- cupancy after receiving a notice from the City Health Officer to abate such condition. SECTION TII. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof PAGE 2 +Y 4geedaNo 4gendalt gate t to any person or circumstance is held invalid be any court of com- urisdiction, such holding shall not affect the l of peter jurisdiction ortions of this ordinance, and the City vCOUnci the remaining e ton, Texas, hereby declares it would have enacted the City ortions despite any such invalidity. such remaining p That all ordinances or part of ordinances in force SFy. when the provisions of this ordinance become effective which a revisions contasuch tent or in conlict wth the tens or in c this s ordinance arefherebyirepe led rto the extent of any conflict. any provision of this That any person violating upon conviction, be fined a sum not exceeding ordinagnc ll, that a provision of this ordinance is violated shall on. Each day separate and distinct offense. shalll l constitute a ajgT~, That this ordinance shall become effective our- teen (14) days from the date of its passage# and the City secretary caption of tl►is ordinance to be is hereby directed to cause the cap the official onews- day published twice in ofe DeDenton nton, RTexas, Cwithinlten (lo) paper of the date of its passage. , 1993. day of PASSED AND APPROVED this the BOB CASTLEB£RRY, OR JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BRA A. DRAYOVITCH, CITY ATTORNEY BY' PAGE 3 +penda No. g ~ ~ ` ~ _ E aaend it 03te City of Denton City Council minutes June 1, 1993 Page 30 F. Vision for Denton Chew motioned, Smith seconded to nominate the following council Members to the following committees: Agenda Committee - Mayor Castleberry Council Member Perry Audit Committee - Mayor Castleberry Mayor Pro Tem Smith council member Cott Economic Development Committee - Council Member Perry Mayor Castleberry Investment Policy Committee - Council Member Cott Municipal Court Advisory Committee/Liaison to Diversion Program/Municipal Court of Record - Council Member Chew Mayor Pro Tem Smith Council Member Miller Vision for Denton - 21st Century - Council Member Miller Council Member Brock On roll vote, Brock "aye1"# Cott "aye", Miller "aye", Smith "aye" Chew aye , Perry "aye", and Mayor Castleberry "ayell, Motion carried unanimously, The Council considered Work Session Item 14. 4, The Council received a report and held a discussion regarding a study of the City's Animal Control ordinances and gave staff direction. Nonce Kull, Environmental Health Services Manager, stated that staff had received some additional concerns from the Denton Humane society regarding additional animals on the site. Staff had also received a complaint that day from an individual who adopted an animal from the Hartfelt Humane Society and had subsequent problems with that animal. There had also been a complaint on the Grooming Den which was housed at 1800 Fort Worth Drive but was not a part of Hartfelt. The Grooming Den was owned and operated by Laura Gill. The City had received a letter from the Texas Department of Health in response to the Mayor0s letter. Dr. Murnaine indicated that there had been no request for reinspection from the owners of the shelter. The shelter legislation was no longer an option as it had 4 9 0 Cenda No ads 4getaltem Oale J M City of Denton City Council Minutes ~eq June 1, 1993 Page 31 died in session. There were three options which the Council might want to consider. Option one dealt with the creation of an animal control inspection ordinance. Such an ordinance would, however, be limited to commercial facilities which historically did not have violation problems. Council Member Miller asked why it would have to be confined to commercial facilities. Why could it not include intent for the conduction of business whether non-profit or for profit. Kull replied that an inspection ordinance only provided what was currently available as far as what the owner wanted the City to inspect. The current ccdinance wa3 a public health document, not an animal welfare document. Animal welfare had traditionally been left to humane organizations. There was nothing in the current ordinance dealing with animals. That could be changed but then the standard would be involved with the Penal code which was a Class A misdemeanor. Council Member Miller asked if there was a problem with the offense remaining a Class A misdemeanor or could the City not do that. Debra Drayovitch, City Attorney, stated that if there was a particular conduct which was defined as a Class A misdemeanor under State, the City could not regulate that conduct. Council Member Miller stated that there were animals being adopted out of a supposedly closed facility. A State agency would not do a reinspection until invited in for such an inspection. The City seemed powerless to do anything about the issue. If the City accepted the State definitions of class A and developed an ordinance around those definitions, could the City initiate a policing process or was the entire process preempted by the State. City Attorney Drayovitch stated that it was preempted by the State but that the City could direct that the resources of the Police Department and Animal Control officers work with the District Attorney's office to deal with those cases. An ordinance was not needed to enforce the current Class A offenses. City Manager Harrell stated that cases could not be filed in Municipal Court. Everything would have to go to District Court. This would enter an area which the City had never taken responsibility for and would have to make sufficient cases for the District Attorney to file charges. This option would have more demands for manpower allocations than some of the other alternatives. It could be done if the City were willing to make that kind of allocation. genoano ~ 3 - 3~ MTV 'Zap 9 City of Denton City Council Minutes June 1, 1993 Page 32 Kull stated that Option two would be to limit the number of animals which each individual could have at his home. Option one was not the best solution for animals or for people. Option three would involve expanding/defining the health officer's responsibilities. This would allow dealing with commercial, private property and non- profit locations. Definitions would be clarified such as City Health officer, unhealthy, unsanitary, etc. Council Member Miller asked if it would include disease. Kull replied yes for commonly contagious diseases. Council Member Miller asked if that option would be effective and what would it be able to do with Hartfelt. Would the City have the authority to do something regarding such a situation. Kull replied yes that that would be the intent. It would set standards and create an aspect of the ordinance which the city could respond to and take legal action to remedy the situation. City Manager Harrell stated that the process would be to inspect a location, site the violations and then have the Municipal Judge deal with the situation. Council Member Cott asked how Hartfelt was paid for the animals. Kull replied through donations. Council Member Cott asked about tax requirements on these donations. City Attorney Drayovitch stated that she was not familiar with the particular tax consequences. However, if it were a donation to a charitable organization..... Council Member Cott suggested checking into that aspect. City Manager Harrell stated that as a municipal government, the City would have no authority to look at books but could call the Internal Revenue Service and suggest that they might want to follow-up on the situation. Council Member Perry felt that option three would give a clear course of action and suggested starting on that option. Miller motioned, Cott seconded to pursue option three. ~I e 3 4QVdaNo 4 9 2 Agenaalt _ Date - oF~-- City of Denton city council Minutes June it 1993 Page 33 ted an wouldibeMproperCtotinformsthe IRSaregardingtd nationsntowHartfeltt accept that council member aas harassment. amendment as it could be perceived Council Member Cott withdrew his motion for amendment, Mayor Pro Tem Smith asked how the City would know to enforce the City. on referrals proposed individuals ordinance. or inspections by City the have to Kull replied that it would be a complaint only basis. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City Manager Harrell stated that staff was notified today that Hartfelt was going to be sold or transferred to a new owner. The 1 new owner had asked to speak to council at the next meeting. L Council considered work Session item 05. Council 5. The recommendations fetheV091 Committee and gave discussion sdirection. Rick Svehla, Deputy City Manager, stated Council had already considered portions of this item. Several weeks ago, Council approved using interest funds from the street bond issues to build an access road to Bonnie Brae at North Lakes Park. Earlier in the e. At evening the council had approendscapin on the 191 Comm ttee recommended nnumber their May 170 1993 meeting, ' of small projects to be built from funds left over from unspent bonds from prior projects which Council had approved. These were bonds approved by the voters for the projects for which there was voters money left over. The acteCts f sr as passed by Some eof the projects streets and related proj included street work, ADA work and signal work. Council Member Cott asked if these items were originally approved by the voters for Teasley Lane. Svehla replied no that none of these projects were included in the original bond vote. 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AN ORDINANCE OF THE CITY OF DENTUI1, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE OF JUDGMENT IN THE MATTER OF TEXAS WASTE MANAGEMENT V CITY OF DENTON TEXAS, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Settlement Agreement and Release of Judgment in the matter of Texas Waste Management y ,.City of Denton, providing for tho settlement of the litigation now pending between the parties in the Court of Appeals, Second District, Fort Worth, Tarrant County, Texas, Cause No. 2-92-248-CV in the amount of One Hundred Sixty Thousand Dollars ($160,000.00). SECTION 11. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY# MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. 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A'~1 ~a ~ ~ ~ ~ ~ t~y •v r(v5f 1 1`f y, ~s ~ it "AYR qI " i:: 1 f t~', ti '!dt ~S 19-fb 5c ~ y. ;')~5tr tk1.' r 4.1J ~f t~ a ~r + ~ ~ rw r e, l" ~ fV X a C 1 n~ .5 Yf N ~ r y~~~ ~I+:S"K` ~ ~1yfP iw ar~5s~ykb tix ~]rPl~t`' vty ~h~A,}.f ~f 1r {'iW~~~~f~~r~~6r}rtia t 111 s 1 ~ ~ ~1r k~' • i~' ~ aM~r St ~ e)J1° l,vf.np xd"'{ C ♦ :I~ i _~f S 5 ~ y ~ j P Y 4 ~M~ a ~i I t ✓ n~ 5'~ tea f~f e ~ e`~ L•yr.C~ S 1 ' s ~Yi wL r+ P v 1t~ r 7 e ~ w a ~ 'p • h~':~'' ~y.y a w+~~7 R wnt:~lll i 1.•4 1141~~iw 1,1 Z.M1 1f a r 4pJ y~',~ ~l.~t,~t }r :f~ t ` c I 'rt t o a a{ i~t 5 p I, I t 'l ♦a# 1 C Q' V r~ f~~~. ~ + r~- f ~i1, t ' ° 1 • C y' I~w lrHj ~ a~~f I1+~ ;Jy4y r ~t rv n{ a ;C `t~ r S t k• 1 a~'1Q~ r Jt ~~d~ ~5+ Ta f 4 r ~`t 5~ r l 7 ~Q J ~ e 2~ a V wPl)) 4 ~irb { ~.j p J t5jy l1 C #1}',• '1 ~54~` 1 ~ 1 +1 b ~ t ~ J~ ~ 1 'r ~ ~ n A t e a ~ f jM t r ~ 1> 1 J ;F 4 ~Y t q n ~w'YT~ S# "w r n ,T• r'l ih/#w'S~ v.x~ y d ~ t r ~r.,y r d.,}~1 shy ~ 1+y lyd5 ~rt< ~G },d,"a} ~ SLI ~r5 ~ ~ } v 1~ t~~ ~ f ~L lr{1~ rt. 3' j WW DATE: Aug I, CITY COUNCIL AGENDA ITEM f s TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH DENTON COUNTY ARCHERS TO LEASE A PORTION OF THE OLD CITY LANDFILL RECOMMENDATION: Staff recommends approval of the Resolution. SUMMARY: The lease agreement covers a 10.155 acre area which is part of a 60 acre tract used by the City for the old Mosely Road Landfill. The term of the lease is for ten !20? years at a price of $1.00 per year and various nspectional services to be provided by the lessee. Most of the property included in the lease is buffer area adjacent to the landfill which is badly eroded. Under the agreement, the City retains the right to cancel the agreement with 30 days written notice. The lessee has agreed to construct a roadway into the leased area and has met the city's insurance requirements. The primary benefit of the lease for the City comes from the regular traffic on the property which will deter unauthorized entrance and use of the property. BACKGROUND: The City currently inspects the property once a month and has consistently found the lock on the front gate cut off. The Denton County Archers (DCA) is a non-profit club, chartered within the National Field Archery Association, Texas Field Archery Association and the National Archery Association. DCA has leased property for several years from Tom Harpool, but will be losing that lease soon. Mr. Harpool speaks very highly 4f the DCA and his relationship with the group over the last several years. A6293C/1 CITY COUNCIL AGENDA ITEM Page 2 is PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid WaFte Division Denton County Archers FISCAL IMPACT: $1.00 per year for ten (10) years. Respectf ily submitted, i Llo d Harr 11 City Manager PREPARED BY: Bil Angelo Director of Community Services i APPROVED B R. E. Nelson Executive Director of Utilities A6293C/2 btf - im- LEASE AGREEMENT This Lease is executed and entered into this day of , 1993, by and between the City of Denton, Texas, ("Landlord") and Denton County Archers, a not for profit corpora- tion, ("Tenant") on the following terms and conditions. W I T N E S S E T K: 1. Lease Grant. For and in consideration of the premises, covenants, and agreements provided in this Lease, Landlord has this day leased and demised to Tenant that certain tract of approxi- mately ten (10) acres of land (the "Property") in the City of Crossroads, Denton County, State of Texas, located north of Tipps Road and being more particularly described in Exhibit "Al' attached hereto and incorporated herein for all purposes. 2. r ase Purpose. The lease of this Property shall be for the purpose of constructing an archery range; provided however, Tenant agrees that no enclosed structure will by built on any area of the Pruperty which received solid waste. Additionally, Tenant agrees that concentrated loadings will be avoided in areas that received solid waste, and the soil covering over solid waste will not be disturbed. 3. Tom. The "Term", herein so called, of this Lease shall be for ten (10) years commencing on the 03 of [andlord reta n■ 1993, an.1 expiring + 20 the rigt+t to terminate th s lease upon giving thirty (30) days written notice of termination. Upon termination of the Lease, any and all improvements made by the Tenant must be removed before the end of said thirty (30) day notice. 4. gam. Tenant agrees to pay to Landlord, without offset or deduction, "Rent", herein so called, for the Property at the rate of one Dollar ($1.00) per year, payable in advance, beginning at the commencement of the Term hereof. Tenant's covenant to pay rent hereunder shall be an independent covenant and shall not depend on the performance of any other party or the existence or non-exist- ence of any condition. 5. Tenant's Responsibilities. In return for the lease of the property, the Tenant agrees to provide the following services: A. Provide security for the property and the ad- joining property belonging to Landlord by main- taining a chain and lock on the gate entrance at all times of non-use by the Tenant. B. Maintain the chain link fence that now fronts along Tipps Road. 4~AndoNo ~ A9enda1lem Niel ' c. Make monthly inspections of the Property and the adjoining property belonging to Landlord and report any unauthorized use and any unusual ero- sion, unusual odors, or any other hazards to City officials. D. Construct and maintain a roadway from the pre- sent entrance to the Property to the area or areas planned for utilization on the Property. 6. Tenant's Rights. Tenant is granted the authority to control access to the Property. 7. condition of pg9perty. Tenant hereby acknowledges that Tenant bas inspected the Property and accepts and approves of the Property in its present "AS I910 and "WITH ALL FAULTS" condition, subject to any and all roads, rights-of-way, electric transmission and other utility lines or piper, and all visible and recorded easements. Landlord has not, does not, and will not make any war- ranties, representations, or quarantees, express or implied, or arising by operation of law, inoludinq, but in no way limited to, any use, or any warranty of condition, merchantability, or habit- ability. 8. Indemnification. Tenant shall occupy and use the Property at Tenant's own risk. Tenant shall indemnify landlord and hold Landlord harmless of and from any and all claims, actions, damages, liabilities, losses, and expenses, including without limitation, reasonable attorney's fees, incurred or paid in connection with any personal injuries or property damage derived from or out of the occupancy or the use of the Property by Tenant, or occasioned in whole or in part by any act or omission of Tenant or Tenant's agents, servants, invitees, licensees, or employees, whether or not the damage arises from Landlord's negligence. 9. InsUrance. Tenant shall procure and maintain, at its sole cost and expense throughout the Term, a policy or policies of in- surance insuring both Landlord and Tenant against all claims, de- mands, or actions arising out of or relating to the Property or the condition of the Property, in an amount not less then $1,000,000 per occurrence. Tenant shall furnish to Landlord a copy or copied of policies, and receipts evidencing payment of premiums therefor, prior to the commencement of this Lease. Not less than fifteen (15) days before the expiration date of any policies, copies of the renewals thereof (bearing notations evidencing the payment of re- newal premiums) shall be delivered to Landlord. Each policy shall provide that not less than thirty (30) days' written notice must be given to Landlord before any policy may be canceled or changed to reduce the insurance provided by it. Page 2 ~ges9alJe. Agvdak e eta IS 10. Assignment and SUhlettina, Tenant shall nut sublet or as- sign all or any portion of this Lease or the Property, or any in- terest therein, without the prior written consent of Landlord. Any assignment or subletting in violation of this paragraph shall be void. 11. Landlord's Access to Prcr erty. It is expressly agreed that Landlord shall have the right to enter onto the Property at any reasonable time to inspect the condition thereof, and for the purpose of making repairs or improvements or consultation. Tenant shall furnish Landlord with a key or the combination to each lock that may be placed on any gates on the Property. 12. pef4ult. Tenant shall be in default under this Lease if: at Tenant fails to pay any Rent payment under this Lease on the date duet or b. Tenant fails to comply with any term, con- dition, or covenant of this Lease and that failure is not cured within ten (10) days after written notice to Tenant. thislLease,Landlord may enforce the performance of this default Lease din any manner provided by law, in equity, or as specifically provided in this Lease. At no time shall Landlord be obligated to relet the Property, or to relet the Property for a sum equal to or greater than the Rent specified herein, Tenant hereby specifically waiving any claim Tenant may have with respect to any obligation of Land- lord to mitigate its damages in the event of Tenant's default hereunder. In particular, but without limitation, Landlord shall have the option to pursue any one or more of the following remedies without any notice of demand whatsoever: a. Terminate this Lease, in which event Tenant shall imme- diately surrender the Property to Landlords however, if Tenant fails to surrender the Property to Landlord, Land- lord may, without prejudice to any other remedy which Land- lord may have for possession of the Property or for ar- rearage in Rent or any other sum due hereunder, enter upon and take possession of the Property and remove Tenant and any other person who may be occupying the Property, or any part thereof; or b. Enter upon the Property, without terminating this Lease and without being liable for prosecution for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant shall reimburse Landlord, on demand, for all expenses that Landlord incurs in effect- ing compliance with Tenant's obligations under this Lease, Page 3 ApandaNo _q AQendall oels I5 64 together with interest thereon at the maximum rate allowable by law from the date expended until paid. Pursuit of any of the foregoing remedies shall not preclude Landlord's pursuit of any other remedy herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein constitute a forfeiture or waiver of any Rent due to Landlord here- under or of any damages accruing to Landlord, by reason of the vio- lation of the terms, provisions, and covenants herein contained. The rights and privileges given to Landlord in this section shall be cumulative of, and without prejudice to, any rights or remedies given to Landlord by law to procure possession, or to enforce the payment of rent, or performance of the other covenants hereof. No waiver by Landlord of any violation or breach of any of the terms, provisions, and covenants herein contained shall be deemed or construed to constitute a waiver of any other or future violation of breach of any of the provisions, conditions or covenants herein contained. 14. "ices. Any notice or other written instrument required or permitted to be delivered under the terms of this Lease shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, regis- tered or certified, return receipt requested, addressed to the Landlord or Tenant, as the case may be, at the following addresses: LANDLORD: TENANT: City of Denton, Texas Denton County Archers Attention: City Manager Attentions Carl Dane 215 E. McKinney Sox 328, Friendship Road Denton, Texas 76201 Aubrey, Texas 76227 15. Miscellaneous Provisions. a. ~omoliance with Law. Tenant shall at Tenant's sole cost and expense, obtain the necessary licenses and permits re- quired to conduct Tenant's activities on the Property, and Tenant shall comply with all governmental laws, ordinances, and regu- lations applicable to the Property, or Tenant's use thereof. b. No waiver. No waiver by either party hereto of any default under this Lease shall be deemed to be a waiver of any subsequent default of the same of any other term, condition, or covenant contained in this Lease. c. Governing Law/Venue. This Lease shall be governed by the laws of the State of Texas. Any and all suits brought for the enforcement of breach of this Lease shall be brought in the Denton County, Texas. Page 4 a gpene~ka h Date~~ d. d. Invalid Provisions. Should any provisions of this Lease be deemed invalid by any legislative, administrative, or judicial body, or for any other reason whatsoever, the other pro- visions of the Lease shall remain in full force and effect, and shall be unaffected by such declaration of invalidity. e, This Lease, and the exnibit(s) attached hereto, if anyn,jcontain the entire agreement between the parties with respect to the subject matter herein and may not be altered, modified, changed, annulled, or amended in any manner without the written consent of both parties. f. Effective Date. The "Effective Date" of this Lease shall be the date on which the Landlord signs this Lease. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease in multiple original counterparts as of the Effective Date. CITY OF DENTON, TEXAS, LANDLORD CITY MANAGER ATTEST: JENNIFER WALTERS$ CITY SECRETARY BY= APPROVED AS TO LEGAL FORM? C1~BRA A. DRAYOVITCH, ATTORNEY BY: DENTON COUNTY ARCHERS, TENANT ATTESTS C f \4PW 5\K\IRCKE1. K Page 5 5 q ~ ~ 3 Venda No EXHIBIT "A" We go ~ FIELD NOTES ALL that certain lot, tract, or parcel of land situated in the R.S. Mosely Survey, A-803 Denton County, Texas, and being part of a called first tract and part of a called third tract in a deed from S.O. Tipper et ux to the City of Denton on the 2nd day of December, n recorded in Denton County more particularly described as Texas Vand beig mor follows: BEGINNING at the southwest corner of said first tract in the center of Tipps Road; THENCE north 00 51' 32" west a distance of 520.0 feet to a point for corner; THENCE north 890 08' 28" east a distance of 575.16 feet to a point for corner; THENCE north 00 47' 30" east a distance of 398.79 feet to a point for corner; THENCE south 890 120 30" west a distance of 200.0 feet to a point for corner; THENCE south 00 47' 30" west a distance of 429.86 feet to a point for corner; THENCE north 890 121 30" west a distance of 19.5 feet to a point for corner; THENCE south 180 Ill 54" west a distance of 231.39 feet to a point for corner; THENCE south 130 221 09" west a distance of 86.81 feet to a point for corner; THENCE south 50 501 56" west a distance of 197.86 feet to a point in the center of Tipps Road for corner; 34.89 Tnorth 890 HENCE 59" west a istance of acres 6of land feet to the Point of Beginning and containing AEE00015 F- r1PPS agent Oat@ fo CITY of OENTON Vol. 462, Pp. 466 1 f { it f MON. 02920 -E I 1~ L : V11i1< fT US C -r 9 O.29. -E ti . oigaaaw v q1? q1 f 9 7? ON. c` ou. x h ~ I K 0 2 - ' l ELLINOTON fa COATS ALBENS v WI, 931, P9 94 V01, 10( Q ~ 4 r°i; { f V d ~e M ua9'o8'28'E ~+ir~? ~ ~ ~ s~•irao"E ozrt~r, s N n ~ Io.lSSac, 49~ . 8f, all C a W v r302t'04 f s V' K " o Q-h 43 N b t~f v Q~ • • Oti4 S. S's ,56'1v---~ f Y~ o /10 t+AJS /9786' ~0 p ti 'v gendalvu ~ 3-b _ 2131192 f It WN s PROOVCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND C NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Albert H. Wohlers & CO. National Field Archery Assoc. COMPANIES AFFORDING COVERAGE 31401 Outer 1.10 Redlands, CA 92373 LETTER COMPANY A 1NA 0004 SUS-COLAS COMPANY B LETTER INSURED COMPANY LIFII ER DENTON COUNTY ARCHERS COMPANY Carl Derle SETTER 60a 328. Friendship RTN 76227 couPANrE Aub r e Y LETTER THIS 19 TO CERTIFY THAT THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE ROIL THE 'a WHICH PERIOD INDICATED, NOTWITTHAT T INO ANY REOUMtEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT 10 WHICH Ti06 M _-~...THE _ DED BY E CIE XCLUSIONS AND CON~DtT10ri OF SUCMERPOLICIE9 LIMIT S SHOWN MAYHAVE BEEN ERE ~IED BY P 0 "SED CLAIMB.EIN 19 SU&1ECT TO ALL THE TE , .RTIFICATE MAY BE IUEO OF' MAY POLM IFFEcrM Wn W Y) LAW" CO, Trn of RIg1YlANd POLICY NUYNR DATE {MM ODrYYI _..-GENERAL AOOREOAtt 2000,000 Lyn ODD* 0lN[IULwBILrtY D20782389 12131192 12131193 AGONGA LOMMERCLAL GENERAL LIABILITY PERSONALS ADVERTISING D.JURY I 1000,000 CLxMS r1A0E X _ OCCUR. EACH OmAmENC! !PROP. FME DAIUGE {MY A'nO Du) 1__.._ S0,-GOO . Iva. wl/aPP s S.a00 _ K:AL EJ(PENS! IAAT eAMMNED A AUTOrOBILB LIASKfTY LrWT ANY AUTO D20782399 12131192 12/31193 M°~uu'ILiv ALL OWNED AUTO! (PP wunI ECHEOVLEO AUTO! SOOILY INJURY / HIRED AUTOS IPw A04 X NONOWNED AUTO! PROPERTY i OARAGE LIABILITY DAMAGE BACM A06REOATE OCCURPE%CE EXCESS LIABLITY 1 1 OTHER THAN UMBRELLA FORM STATUTORY _ . i IEACN ACCIDENT) 1YORKMI COMPENSATION 1 fOISEASE-POLICY LIMIT) ANO s (DIS".EACH EMPLOYEEI EMMOV[R/' LIABILITY OTHER DEICIHPT ION OF OPE KA110NSlLOCATIONS~YENICLESIRHTRICbOMUIPECIAL n coos INCLUDING AS ADDITIONAL INSURED; CANCELLATM N CERTIFICATE NpLOER SHOVED ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEFOAF THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO , NAIL J0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR IIABIU'Y OF ANY KIND UPON THE COMPANY. ITS AGENTS OR, REPRESENTATIVES AUTNORII[0 REPKII IINIAII Je!1i.pr'r C:!ir~ty iar~:fler'd )g9ndal'10 `i-©-- c Agendallern Date 1I0 tE - 1~~:rl ~ntcnell C!er~tc!ti >lae!ll - !'.U1~ Worrell ttentOrl I E"5 - Carl Cane, Aubrey `~nhJr - F+ob I:rar~fordDenton ~Ilrcga I'lanayer - Jai.Y Worrell, Denton Panje Captains - Bob 1ticker, Bolivar Mike Taylor, Denton Billy Looper, Bolivar Denton County Archers would like to acquire permission from the Oty of Denton to establish an Archery Range on the property, located off of Tipps road, formally used by the City as a Land Fill. DCA realizes the fact that any improvements or changes that require alterations in the terrain or disturbances of the soil would have to be approved by a `sanitation Department representative We would like to take control of the property and transform it Into a parklike area for the promotion of Archery as a family sport Due to the amount of volunteer work and cost of hauling in gravel for roadbed, topsoil to cover bare ground, seeding grass, etc., we would like to ask that lease fees be kept to the bare minimums and that assurance of long term lease be available. People do not mind working hard if they know th+'at their work; will last a reasonable period of time. It would be understood that conditions of lease would include a elrjuse In case of property sell I have included any facts that might be of interest and will be glad to provide any 1nforrnatlon that you need to make this endeavor posslhle. Carl Gone Box 328 Friendship Pd Aubrey, Texas 76227 817-365-2677 y k r ondaNo - r, i r rn 5 t E i, r a: t= agendaltem ~3 C+frt_;i C r;imty Arc ners 'late 1ao 5 History - [lemon +:~~unt+~ Archery has circrvvn from 12 rnernbers in 198,3 tr., ,ver 150 family rnernbFr~:hlps. in 1[92 VIE, are prour of the fact that v:e have more female and chiiciren participants than any other club in Texas We atribute this to the family atmosphere that we try tc, oromots Association - DCA is a chartered club with the Natior r yield Archery Assorlatioii (NFAA), Texas Field Archery Association (FFAA), and National Archery Association (NAA) . Community Service - DCA has held dernonstrations, day car~!ps, classes, and displays at many area function= such as Boy Scouts, CuG Scouts, Denton County Day, Aubrey Peanut Festival, Muenster Centennial, North Texas State Fair, and the opening of the rnovte "Robin Pnod Accomplishments - DCA r,as produred many charnplon archers in the last few years on the state, national and world cherii; lonsrj* le.els,, Anthers in our club cold many of the state and natlonal high score records. Flnanrial - DCA Is a not for profit club that attempts to generate only the funds necessary to ro,,er the cost of otceration plus Improvements All work, is on a voluntary basis and rnar g of our improvements have been acquired through donations from rnernt!ers. SMISty ?end Liability - Ali DCA properties. receive safety Inspections frorn the 14FAA every tvvo years or after ,any major alteration The NFAA safety director Iivcs in Garland arid comes up to visit with us several times each year. A million dollar liability insurance policy is purchased through the NFAA each year. Property owners are eligible to be listed as insured perry on request, NAA also has a million dollar policy available at no cast to cover any sr.hcduled event. Alcoholic Beverages - Strictly prohibiter on any shooting area and before participating in any shorting event Generally discouraged in any form in order to promote the family atrro pnere tr+at 1we wish tr, be associated Y,/ t r s Venda No. S o_ar.ztn lr A hi tieeri located, for rho i3--A =.1 : rear rn >'J acgoSbjto' rnii~" n6r+h ref C~enton cn F'f! 42t' Property vr~, o,~rrned by VM~ 71 5 Har'iC~C~i 7ri 1 relocation is required due tit Seli U! proper?,lJ Iri~Joiir !'ani]e Ila'-. been r,C,en at the North 1 e:taS `:,late F?ir Grounds each ,;aintar for the la: t frye years (Ii.IU 91te- ',~ariec frGRy l+Jr) to 'bU tarrlllies (-Iet;endlril) can the tlrne of year 11.rrrber hlf 1 $'ir lrr per year and i used to Cove ' the rr ;t of targets Attendance - The average day sees from three to five archers practicing ihursdiy e,,~enings, and weekends usually here ten to t%venty five archers $cheduled tournaments usually produce 50 to 100 archers (normally four per par), 5er~,ice Area - The closest ranges to this area are Denison and Lake Murray to the North, Ir,)ing and Ft. Worth to the South. Field Axcheru - A mreandering trail laid out with 14 targets at varying -iistances betweer. 20 feet and 80 yards. Attempts are made to make these trails as natural as possible with a parklike atmosphere. FITA - Olympic style shooting carried out on a field simular to a football field with targets being at 50, 70, and 90 meters. 3-1) - Shot at ethafoam replicas of game animals Target are placed in posllions to simulate the actual c-editions expected to be found when hrlnting !,,door - Shot at 20 yards at a paper target placed on a suitable backing to atop arrows. Usually carried out in the winter when weather is not quit -bit- for outdoor shooting Practice kange - Targets placed in 5 yard increments on a field stmular to r, fnattrall field that alloy for the adjustments of sights. i f µpendaNa 3 ~ ofl15 4AY4 01-II ?TEEN i w G ` GRAVEL DRIVE F Ir,M U; AREA FIELD RANCF TIPP5 ROAD ,gBndaNo 'Q Es\51~000f1AEfWACNER.R Agenda4ta ! ~ gate _ t 0 15 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY ARCHERSS AND PRO- VIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES$ SECTION ,LL That the City Manager is hereby authorized to execute a Lease Agreement between the City and Denton County Archers, a not for profit Texas corporation, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. SECTION II. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of r 1993. BOB CASTLEBER.RYj MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYS APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: C Gli s ')h~r' 4 W 't ti f. rr r,~ ~ a r t ~yt. ~ 4 r.. r r r i S y ' IT'S c ~ < 4 a e "I'. s ~ ~ COUNCIL: 'jilt ~~...law S f0 • r 'lSSr{,~ , r i r .0. 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Y y fii.° { e 0 t y l; 'S y e 1 ~h~ I r ~ ti b ~ t'`~ t'? f °Mr ~t r r ~ y i~l~•t}' $ ,~.r:°l= r 1 i' 4 `I ` 0 a)t i. oil it i 4, r . r 11j 11 1 {>rhS r ! vti~ r ~l °5 iti o r r,, t t d!1 r t, ~~4yyp. r' a 1 i r ILI' ,r ' '.s t° r' G~t1}r ~ r 1 •r~ .n }0 ( e{ r ~{'r•r ~ -i ry {r f } ! ~ u' ~ t r5W ,f r , { ~y4 B C.~i 'a lyir"S r3 1+` s ` ' r rrY,,~tY j rgy T y , 1 I', f J f ! c, r P f,A,?" r~ ~ar~ '.N ? r• a3 l~lr" f rti * yy' y ~ s s ` } fiS~'~ } +~x .'4~~1 N~efr c , r r ? > i0/a tr} AI°~ ~,i t 1tr T` T 1 , damr i 1 P Wi t ri r 0 r rw r i ~ d~• a - IPA, r~ a > .r r e v ~ e Ivy }r 1 0 ~x iM} r t i r J! °,ar r~ r h.. k i ) i JV i d a r~"y`~/h}y15,j~~S~i" ,j p ~'t ♦~,7( r ♦ ( V l T Qj v ~Y1y'yi yj I' L" By 4 ~ 5. irl r k { `rid'Y Y ' f y 1 tr n, j~,~ r 5 S~ 1 r•F} IIWPUGCS~RES~TNPAAES ,bpAd1 H0. .~'03 A~etldpl ~ De1e td ~ RESOLUTION NO. A RESOLUTION APPOINTING WILLIAM GIESE TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, term of office of Ray Stephens on the Board of Directors of the Texas Municipal Power Agency has expired; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVESt SECTION I. That pursuant to the terms and provisions of Ordi- nance No. 75-22 of the City of Denton, Texas, William Giese is hereby appointed to a two year term of office on the Board of Directors of the Texas Municipal Power Agency, the term of office beginning July 31, 1993 and ending July 30, 1995. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY$ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~13~ Y 4 } _~~~No. q 3 - ~o I Qa r / ` JMT d MAR 21 1993 Serving the cities of Bryan, Denton, Garland & Greenville 611 Y UN J March 19, 1993 Mr, Lloyd Harrell, City Manaqer City of Denton 215 E. McKinney Denton, T% 76201 RE: Board Member Appointment Dear Mr. Harrell: Our records indicate that Mr. Ray Stephens' term as a Member of the Board of Directors of the Texas Municipal Power Agency will expire during the month of July 1993. After the City Council reaches a decision on this matter, please send me a certified resolution specifying the person selected to represent your City on the TMPA Board of Directors. Your cooperation is appreciated. Sincerely yours, Wanda M. Callahan Assistant Secretary TMPA Board of Directors wmc Teue Afunfelpal Power Agency P.O. Box 7000 Rryarn, Tune 77803 (409) 873-2011 ( 2 z y ~.b r y t, f + ~ 7 a l~ y( 1 i Y t C I' Y u~ ~ + ~ r 1 lj' A ~ r Y rv i. Y { aY.:;4 ry s r t ` `n ~O~/NCIII nr r w ti... r pt 7 4 r n y t a r r r •i y 1 M Y a S w g , 1 ~y y i~ J ! i ~rv t r y e t r f y v ' 9 9 " t 1 ~ t ~ 1 p>• n r r y r, i u 1' tr ~s~ry,~ b0. Yy r l y r fy n Axl .1 t ix • y a A r}r y~_ of ~ ti. C~~%' `v ~ n rh + ~f hr e'.. 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I r>rr rvl i hx ~ 1. / r tf 1~°w 1° .r r~ 1y r 5, • r f r y y ^ y_Y tv' yYi ^ M' d 1 n~S j { ~ ~ 3 "r y? a x i u~ r l4 r.r rs rv i ~ f 7~ rv 1 i 1 I~Q~ y If+~~~kr y b ~ y1Y ~ r r In + r yl ° f ~ 111 ~ f t r l jlr l' ~4 ~y~~~?{{~'131r ,t~yt;,l tlf rre 43r r +v r xr rv 'y ( 1y~ .•v r Y F~.+, la'+ `e~ al i.1 r ~i 'J' Y s <y Y Y r ;yt r, 1 r , f , < ky3 4a~ YSr ~ ~ Ar.~ ' 1 y t r i~ 1 e~,iti C; Y', y a rdr K r'. l r f r 1 ~ ~r r 4' ~ Y l~ r Yr ,,,Jdr ar V~ ~+~I}~ Fr r) tyrna l il~ar rvf v ♦nd nv 0.~ i nl lr~R ~l r T4 !F htK~,A ,~C ~ f.!< r a tr~ trl r ! . 'tr ~h w ! b1 5. 1ti C A y 1ji+ i DATE: August 24, 1993 AoWiNO -3 d CITY _COUNCIL RF,_PORT AgeAWl oate. TOt Mayor and Members of the City Council lop /J FROM: Lloyd V. Harrell, City Manager SUBJECT: PD Minor Amendment Ordinance Repeal. RECOMMENDATION: N/A. CRY: Attached is the City Council Report of July 20, 1993. The subject ordinance is in effect. our usual procedure for amending the zoning ordinance must be followed. If the motion to reconsider is approved, P&Z will have to make a recommendation, notice in the paper must be made at least 15 days prior to Council's consideration, and public hearings must be held. BACKGROUND: Council passed the oW n:ince 4-1 on July 20, 1993, Councilman Perry asked for reconsideration on July 27, 1993. PROGRAMS, DEPART Zoning, Planning, P&Z, Council and development interests, FISCAL IMPACT: None. BTTACHMENT3,t 1. City Council Report, 2. Council Minutes of July 20, 1993. I 4Respectff lly submi tedi /l Prepared by., Harrell, City Manager rank of n AICP Executive Director Planning and Development IX00434 DATE= July 20, 1993 1gendsNo..r..~•~ CITY COUNCIL REPORT apend811Q - late TOI Mayor and Meabers of the City Council POP 13 FROMI Lloyd V. Harrvll, City Manager SUBJECTI MINOR AMENDMEPTS BY STAFF FOR PLANNED DEVELOPMENT DETAILED PLAN ECOjdENDATION I The Zoning Ordinance Task Force recommends approval and thn Planning and Zoning commission recommended approval, 6-0 on June 23, 1993. SSitikS8,E3Y I i The amendment would allow the Executive Director of Planning and Development to approve "minor amendments" to approved PD detailed plans within the specified parameters spelled out in the ordinance. The amendment would be consistent with the existing minor amendment provision applicable to specific use permit (SUP) site plans as shown in attachment 2. The current PD article allows for minor amendments only for "errors or omissions" as shown in attachment 2. The amendment provides tight parameters for administrative amendment to plans approved by P&Z or the Council. It can eliminate needless, frustrating delays, staff work, and public decision making time and effort. The practice is usad in many other cities. However, any degree of staff discretion in such legislative matters should be carefully considered. There are some legal risks associated with this amendment. A Planned Development District is an ordinance in its own right, just like the City's sidewalk ordinance, Administrators, as a general rule, are not authorized by law to waive or vary the terms of an ordinance. This can only be done by a quasi legislative/ judicial body granting a variance. The possibility of lawsuits by property owners neighboring a development requesting an administrative change to a PD ordinance should be carefully weighed by the Commission and City CQu ncil before this revision to the Zoning Chapter is adoptr,d. The Planning and Zoning Commission has directed that the staff report to them concerning denied or approved changes, it the ordinance were passed. 4jenda Na. 93 3 BACKGROUND: 40endalt The proposal is a PAN - streamlining consequence of our pregulatory ' f3 program and constant numero development interests, us complaints by PROGRA_M9 CRAfIDC sroeni Development process, staff, decision makers, PD developers, FISCA_ L_IMpACT~ None, &TTBOMM : 1. Draft ordinance, 2. Existing ordinance excerpts. Respectfully submitted: Prepared by: Lloyd V. Harrell City Manager an o bins AICP Executive Director Planning and Development AXXM30D t Y u \wpd0Cs\drd\deull.pln _(F~1310 r dli ORDINANCE NO. 1-3-/0110 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REG- ULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELAT ";G TO PLAN- NED DEVELOPMENT DISTRICTS BY ADDING SECTION 35-158 PROVIDING FOR A MINOR AMENDMENTS TO A DETAILED PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOP. AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I: That Chapter 35 of the Code of ordinances relating to ''Zoning" is hereby amended by adding to Article i7 entitled "PD, Planned Development Districts" a section 35-158 providing for minor amendments to a detailed plan so that hereafter said section shall read as follows: Sec. 35-158. Minor Amendments to a Detailed Plan. Upon request of the applicant, the Executive Director of Plan- ning and Development, or his designee, may authorize minor amendments to a detailed plan so long as such minor amendments do not change the land use or substantially change the charac- ter, development standards or design of the development as shown on the approved detailed plan. For purposes of this pro- vision, a "substantial change" shall mean a change which will increase the number of proposed dwelling units; increase the floor-to-area ratio, size of structure, height, lot coverage or number of storias or buildings; reduce lot, yard, or space size; decrea3e the amount of required off-street parking spaces; change types of buildings, setbacks, street access points, or lots; or increase density, cioange traffic patterns or alter the basic relationship of the proposed development to adjacent properties. The Executive Director of Planning and Development, or his designee, shall make such authorization only in writing in and such document shall be placed in the ordinance file governing the specific plan. SECTION Ii: The provisions of this ordinance are separable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION III: 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 offznse. k ` ~INa~~r O Agendall Date SECTION IVs That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED A14D APPROVED this theO&~Iday of 1993. BOB CASTLEBERRY, MAYO ATTESTS JENNIFER WALTERS, CITY SECRETARY . BY: APPR D A TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ORNEY BY S i~ r Page 2 . r $ "No ATTACHMENT 2 Weds MINOR AMENDMENT FOR 8UP#8 ~Lb F ~3 8eo- 35-119, Amendments. The procedure for amendment of a specific use permit shall be the same as for a new application; provided, however, that the director of the department of planning and community development may approve minor variations from the original permit which do not increase density, change traffic patterns or result in any increase in external impact on adjacent properties or neighborhoods. (Ord. No, 69-1, Sec. I(App. 8, Art, 10I)1 1-14-69; Ord, No. 81-103, See, I, 11-3-81; Ord, No. 84-92, See. 1, 7-24-84; Ord, No. 85-33, Secs. 1, 2, 2-19-85) CURRENT PD MINOR AMENDMENT PROVISION Sao, 35-183, corrections of errors, omissions on detailed plan, Upon the request of an applicant, the chairperson of the develop- ment review committee may authorize minor technical changes or adjustments in the approved detailed plan to correct errors or omissions, so long as such changes do not substantially change the use, character, or design of the development. (Ord. No, 91-0161 See, I, 2-5-91) PAGE 3 ~I sbondaNa. 91-cw 4andai~ten~~,,~,~~ 3 Minutes Planning and Zoning 70P13 June 23, 1993 Page 7 It's members recommended approval with the retention of a utility easement, At the last meeting the commission recommended Planned Development zoning and a gate across the cul de sac. In order for that to happen the cul de sac will have to be abandoned, Mr. Cochran moved to recommend abandonment of the cul de sac on Southmont Drive. Mr. Willis seconded, and the motion carried unanimously (6-0), VIII Hold a public hearing and consider an ordinance adding Section 35-158 of the Zoning ordinance, providing for minor amendments to Planned Development detailed plans to be approved by the Executive Director of Planning and Development. STAFF REPORTI Staff report was given by Frank Robbins, Mr, Robbins explained that the amendment would allow the Executive Director of Planning and Development to approve "minor amendments" to approve PD detailed plans within the specified parameters spelled out in the ordinance. The amendment would be consistent with th,3 existing minor amendment provision applicable to specific use permit site plans. The current PD article allows for minor amendments only for "errors or omissions". The amendment was recommended by the Zoning Ordinance Task Force, and is a consequence of the complaining by developers about small items like moving a dumpster or the size of a median or some small landscaping change. The ordinance does set some parameters. The amendment could not changge the number of units, the number of stories, or be more detailed than the SUP which allows for the minor amendment to be approved by staff. However, any degree of staff discretion in such legislative matters should be carefully considered, There are some legal risks associated with this amendment. A Planned Development District is an ordinance in its own right, just like the City's silowalk ordinance, Administrators as a general ru)e, are not authorized by law to waive or vary the terms of an ordinance. This can only be done by a quasi legislative/judicial body granting a variance. The possibility of lawsuits by property owners neighboring a development requesting an administrative change to a PD ordinance should be carefully weighed by the Commission and City council before adopting this revision to the Zoning chapter. IN FAVOR= None IN OPPOSITIONS None Public hearing w:,s closed. YjeQ c Y e Agenda No Agenda, em ooRe Minutes -aF~3 Planning and Zoning June 23, 1997 Page 8 Mr. Cochran asked if there was a mech,,,tsm to deal with the Executive Directors. Mr. Robbins explained there would not be an appeal process. Complaints would have to be put on the Commissions agenda. There is a provision in the Zoning Ordinance, In any case where there is objection to the staff recommendations, that the cases would be heard by the Board of Adjustments, One of the problems is, what could the Board of Adjustments do after the building has been built. Mr. Cochran asked if the Commission would be notified of any changes, and what type of records would be kept for accountability. Mr. Robbins said the changed plans would be signed by the Executive Director and placed in the file. If the Commission wanted a report, that could be done. Mr. Cochran said he could see where the flexibility would have benefits for both staff and the citizens, Mr. Engelbrecht asked what type of time frame would be involved. Mr. Robbins said tho changes would be done the same day. Many could be done in a matter of minutes, Mr, Willis asked if the changes would be made upon request of the applicant. Mr. Robbins said yes, staff could not initiate changes, Ms. Cooper said there was a lot to be said about the flexibility of being able to make decisions on the spot. Some of the changes could be made in a matter of minutes, which would eliminate a long turn around time for cases to be brought back to the commission and to council. Mr. Willis asked if examples of such minor changes could be brought to the Commission or show the commission changes over the next few months as cases are presented of things that could have been changed by the new amendment. Mr. Robbins asked if the Commission wanted to wait before making a recommendation to see what situations arise over the next couple of months. Mr. Engelbrecht said it was one thing to change from a live I a i Ageoda No, 9 3 ~d AgandalQtei~~ ~r~~s Minutes ~leq Planning and Zoning 0 F /3 June 23, 1993 Page 9 oak to a pear tree. In the ordinance could a type of tree or shrub be changed within the same species, Mr. Robbins said if the trees were different they could not change it. Mr. Engelbrecht asked if a fence could be changed to wood from brick. Mr. Robbins said no, the amendment would be only used for minor changes to help cut down on the turn around time J involved if a case has to go back to the Commission or the council. Mr. Willis asked if the amendment could be changed in such a way where the Commission could be notified. If they were notified they could be aware of the changes and the frequency. Mr. Engelbrecht asked if it should be an ordinance or an administrative procedure. Mr. Cochran said an administrative procedure would do. He asked if them was a safeguard to keep staff from making a change that would be more intense the change someone had on their mind. Mr. Robbins said the changes could only be made by request of the applicant. Mr. Cochran moved to racommend approval of the amendment which would allow staff to make administrative changes. Mr. Glasscock seconded, and the motion carried unanimously (6-0), IX/X Directors Report Mr. Robbins said the Board and Commissions Reception was scheduled for 7-9 p.m., July 27, 1993. The 911 case will be brought back on July 11, 1993. Briggs is the vacant house on University next to the strip center on Locust and University, it will probably be conditioned zoning. Plats for the Johnson case that was recommended tonight would be coming up. The Hudspeth Minter preliminary and final plats the Commission recommended approval on has temporarily been held, One of the land owners, DISD, would rather not have the plate approved by Council till the property has closed. i I I T H E Agenda No. Agendaitem S ~Oo~'13 A P A R T M E N T S Mr. Frank Robbins, AICP Executive Director of Planning & Development City of Denton, 215 E. McKinney Denton, Texas 76201 Ro: PD Minor Amendment Ordinance Dear Mr. Robbins, Regarding the above proposal, I think it would be an asset to the planned development proceding if any flexibility could be permitted. As you know, I have been involved in building several office buildings on Carroll Blvd. during the last two years. All were planned developments and at best this was a difficult procedure. As you know I had several P62 and council meetings changing square f, ootaag, g additioUb landscape changes, etc. a successfu `appeals but time consuming for everybody. I don't believe any were major. The development process has been legislated through the years to attempt to establish controls. Most are good but unfortunately all situations cannot be covered by legislation. Also, the old common sense needs to play at least a small part. Hopefully the common sense element and a breath of flexibility can be covered by this ,~nendment. It is my opinion that any flexibility that can be provided will do nothing but help a difficult procedure. Again I thank you and your staff, and in particular Karen, for all your help in the past years. Please present this information to the council. Sincerely, ~~G[ ICJ' it^'rV Dale Irwin IRWIN AGENCY, INC. 701 South Carroll Blvd,, Suite 8 • Denton, Texas 76201 a 566-0033 e Agendah 61fi Agendal City of Denton City Council Minutes Oete 9__M j` ~f~~j July 20, 1993 Page 10 Mayor Pro Tem Smith asked how patrons would enter and exit the facility. Klein stated that the entrance and exit would be from the ring road of she mall. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 93-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 69-35 TO PROVIDE FOR A DETAILED PLAN FOR .9132 ACRES OF LAND IN PLANNED DEVELOPMENT (PD) NO. 6 LOCATED IN THE GOLDEN TRIANGLE ADDITION AT THE NORTHWEST CORNER OF STATE HIGHWAY LOOP 288 AND COLORADO BOULEVARD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye's, Miller "aye9l, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance amending the zoning regulations, Chapter 35 of the code of ordinances relating to Planned Development districts by addition Section 35-158 providing for minor amendments to a dotailed plan. (The Planning and Zoning Commission recommended approval 6-0 and the Zoning Ordinance Task Force recommended approval.) Frank Robbins, Executive Director for Planning, stated that the current ordinance only allowed staff changes to an adopted detailed plan under the errors and omission provisions. There had to have been some kind of mistake in order for staff to make a change. This ordinance would allow for minor details to be changed by staff. Currently any typ^ of change had to go back through the planning process which might result in a 60-75 day process. The minor amendments might include such items as moving a dumpster or changing the type of landscape materials used. Staff could not change or increase the number of dwelling units, the floor to area ratio, height, reduce the lot yard, set backs changes, street access points, change traffic patterns, etc. ~gead~vo _ Agandall:.~~~~►Mr I.I~#4 Date City of Denton City Council Minutes JA0f/3 July 20, 1993 Page 11 The Mayor opened the public hearing. Fred Gossett felt that the proposal was very positive to improve the development process in Denton. It would ease the technicalities under the guidelines of planned development. These matters should be left to the Director of Planning and the owner/developer of the property. This would serve to make the process smoother and would save time and money. He requested approval of the proposal. No one spoke in opposition. The Mayor closed the public hearing. Council Member Miller questioned whether it would be possible and legal to include wording in a planned development to take care of those kinds of changes. Robbins replied that that would have to be done for each ordinance with a planned development. This ordinance would also apply to previously approved planned developments. Council Member Miller felt that the City could do revised procedures for new planned developments. Council Member Perry asked for details regarding the frustrating delays, staff work, etc. How much of a burden was the current system. He questioned the necessity for items to be removed from the public review as opposed to streamlining the process. Robbins replied that the frustration came when there were little items to change and only such things as changing the plant type on a detailed plan. That change would have to have Planning and Zoning Commission approval and could take as long as 60 days. The question was did the Planning and Zoning commission and the council need to see such minor changes. The following ordinance was considered: 1:0. 93-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO PLANNED DEVELOPMENT DISTRICTS BV ADDING SECTION 35-158 PROVIDING FOR MINOR AMENDMENTS TO A DETAILED PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. X Y aganda,l FT43-Datel 7q3 apanda , i _ 9 City of Denton City Council Minutes 13,413 July 20, 1993 Page 12 Brock motioned, Miller seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 4. Public Requests A. The Council considered a request for a noise exemption for Kahunas Deli and Grill at 110 N. Carroll Blvd. on Saturday, August 7, 1993 until midnight. Catherine Tuck, Administrative Assistant, stated that the request was a noise exemption for a volleyball tournament with a band. In the past the music had been lowered when requested to do so by the neighbors. Chew motioned, Smith seconded to approve the request. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council considered approval of a resolution closing the 100 blocks of Oak, Elm, Hickory and Locust Streets from 6,00 a.m. until 6:00 p.m. on Saturday, October 2, 1993 for "County Seat Saturday". Jare Biles, Main Street Manager, stated that this was a request for closure of the Square for the annual County Seat Saturday. No one had signed the petitions in opposition. The correct time for the street closure was 6:00 a.m. to 6:00 p.m. The following resolution was considered: R93-043 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, THE 100 BLOCK OF WEST OAK STREET, THE 100 BLOCK OF NORTH LOCUST STREET, AND THE 100 BLOCK OF WEST HICKORY STREET ON OCTOBER 2, 19931 AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to approve the resolution. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". 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C v#p1 y e i 1 f~ 4 y ter 'i G' ( 1~- r r f sr'IE~ 1 ~~tiy1~ 7 ptl r {11h ~1j7 9aI°+. ~~r G3 tJ{~gt: y6{ 1 44 ~ktY " '..1rp v I "r y If~~ yh~l A:, ~ 1 p~~ y { f r S ~ 4 } v a ~ y 'I t~~ t l t'1 A( i i V f d r J- r f ♦ MrJ r a a~ ' I ~ L s f'` M \A ray W ~f.Yr 1 1~ ~ fK•• um ''Y ' l .Ef r i f 4 -q Y C y I , p 1 (t V r r V e Aft 4{ d f \ { n k l. r A '7 fp F7{k 1 Ey l~. 11 w~ 7k ~t 1^ ! 6 II d~ J h~ yr Y fa 4 l1 r~y y~ 9~'Y' •,},ply 4 1 r t w l 1 v~ a 4 1 S t o r t I n t t J ti~ NCI ~ f1 id' "1 ~1 q?~~ y ~ Ar~ r ;"i` 1 P>6 trE Y v I yy~L~}, x Sp ~ i -0t ps tlt~~fi,,.{~. t f i~a y~l yti li 'k'I ~'yl f~ lit pl~ l'~}k `S" V" ~t '.A t°1 f{ !~i ~lyl `L { F rvA aP ti~.l e?} k i S p n~ A 'Ih [ i t r " R "ytt ° / rl .4 f ~~p 3 {~`7 IA~f1 f C1~+4t{~^fY5 ` $,11 1 4`. p~Ti t~ ~1'f~Jrt4 41 ~~r1 y~Y ~,y$`r~ik tt+4,ly~ +1~ [ S~;~d1} 1 tyh~~l~~t•P `,.r t of !f' {y Y 1 tl r~~l'i' y r,I .~P ,y ~~~"d ~'A `7 hl~t yd, ~d A v I ♦-}t yiv,Y t{v` ~ 1 1~ d c c . tF r'r H t, ti,{ P r✓iM1 ~,n i{1 .y} tE yt ~7 ~~i; y~' ~J 1 4i y~'.17Y r~Ey~AVfrrii 1a4 itYf,&'AsC rjYii ~ ~e tfvfZfp` ~C~^. } 7l r(y E✓'IE Cv }t 1~ k~i~ V~y r~j1 t '7 1 r l 'Y. r y ii ` ~ t1~ ':f 1 ~',,1 1 7i F ° x 4 ~Y '1°,~~r,. P ~ 1t r df 'I y i~ i r. o. cr „I1 i1 "r #P%~ a ~~Itt. a~~ E~ r~f 't"l ~f,~yV y tl{ 1r. a , 7 f i i v x~. J" r !~~`1 ~Y ~ (1~ fA 1~;',('a r~tit♦ i,v}, ~4 "e~ ~ rp`f d r n; '~tel i; ~q~~4~ rrr l~~i~ I>:.,A 10({~~11 1- r~ ,1 t f '~✓'e ~,~~S~~d 1t ~~N. ~rr7l~yiiY lalr J,1f~#Il i F i ~t o~. 10 ~ CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) s88.8307 ' office of the Olty Meneper MEMORANDUM DATE: August 13, 1993 TO: Mayor and Members of the City Council FROM., Lloyd Harrell, City Manager SUBJECT: Resignation from the Sales Tax Citizents Advisory Committee Jack Miller has indicated that Byron Hart has resigned from the sales Tax Citizenrs Advisory Committee. Mr, Hart is working almost 24 hours a day on flood relief for the Midwest. Jack will he nominating Steve Woerner for Council consideration Tuesday evening. s L1 iyd Harre 1 City Manager i