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TABULATIONS
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TOTAL 6111 {ACA 1610 acres 111,140 it
Vest? 1610 tool iorludlsl palkwaN, "ON? PLO TOTAL ~ n1I~ ADJ!
c
11,11011 101.110 et 112,)OD Nt
019ST, YARD I."OICAetoo 1 ~ 1
i ot;ln111D IEIN of total street paid) 1 ,4011, It 70,110 r1, 10,105 it J'
F10Y1t11 (Rat toclu41n1 Folkway) ~Go1495l"Ca4a) gl.ga0 IL 112111 IWo 995 bf (47
tI 1,010910t0 (Including Lletrrtad Ina credit) 5~ -
Pis°rry~6io i ooiud~ny i n~aril 43Wef 2 X10 f'(4~j~ n,:dt r1, Ilse ilor ~73w~ t~ I
to?AL tAA1110 STREIT TARO AREA f1aiLLal spare onlll Ile GIO SP
I IVIAL ►APPIVO NON ITRSIT VARD APLA (parking spars only) 17,120 el GNAN LW IfNCE
iAARNI10 OOIA LANDSCAPING gaiAinl Spire only) It X,44 I VA LANr LIST
STAIIT VAAD pEWlpto (111) epb* $P O
S"Ity TARO PROVIDED v.-Ao sP (21i?w~ 11~~
1 ,
NON Star" IAAD 11101810 tare IIS Al NON STA111 VAAD PRCV100 SIS It la!t) bt-'X'40 Yom':2'coi. Wultltr__uMtNEND _
If. I#._Oct,hlll.rOACto!0wos_
R~- I ;lot Q1 %F"a V { Qr • "(A1. d Llu Mr ul 1011 r lururl Crera
;PROltC110 Tom DM SITI 110' or greater) 1,2 ` P 1 . ' II 31 Llu oak 7' let 1'1 leuet► 0toaa
; 0 { f5' l~~f`" ~JUTNt1'O'l.Ot 7T ladlard Plat L• ul straight trunk
1 . • ' ' j, it YAWNA6 ~7 Klbu H61e/Hj 3 tae tole Mltllr J• al loll 1' still$ tans stele
PROTICTt0 toll! IN ITICIT 1610 j 11 PAOtfCTID TRtt$ IN STREIT 10D TO ILMAIIS } It 1~~~~~
~l4! Idelteta rata S lilel 12*11P S' o.t, ~4 ' 1 ~ • ~~t !S Dwell lut~eit Mall !
tFOtICTID 911S IN STREIT YARD TO It PEMOVt0 a y 1 < \ E?T, T 9 111111' o.e,
H' •'?LO fllq O1 SITE t0 AEMAll IO a !
coUTICTED ?Ott$ ON Slts t0 At RCI~1Vt0 Z, 11 p'- TREK \ 710 Lltie/e "lil 11"ue 1' pt,
lull li' S.C. 1 Lela at 7r~Er iA ENTR IE 114 ti ~ - pDTDi All landscape steel not specified its shrub N owndeoeer
Sees loathe IeleaeR tuts
be Decoudagrtu )7dtaoultA tlllal acepE U ~I7Jq end ondulatlod ersu.
11~kttT YARD Me RlpJfpfiLNT) F ppY
pipDdAiD•~!'~ceSlpai olel►w) ST L r1, l 70' SLID Mfi GAT +a l Q
PSOYIDID ` S ek~9r r
like CORDIT POP 4 AGulotP0 "OTSCtID nets ~i
t TOTAL tTRttt EApD tREll VAOVIDtO e*p 11 :-tai, t r
ThthL TO tie PROVIDED ON SITE (Including mail street lard) i5 11 it ' l1 i 7?rrMJG~ A"`4 , I I -/'T ~P- - -
a
` 1,1 1 COHt:RE CONCRETE PAYING oNL Y 1 ' ~~l~F Rp
QENERAL\NOtES yp' i e. F oRANr~ f ftos I ` F RE W, 8 QV
r / • f, r o ua pARKnwa " i~ ; b Cl~s s ',cit
1, ?No OWNER AGREPS tG MAJNTAII LANDSCAPE ON ASVT?I13 PAFNwAT, i alk
1, ALL LAMDSCAtt AARE AIUt11NO PAIILINO LOTS OA YIMICULUI VIL AREAS SHALL It
tNOTtCTt011NITN CUNIS, 1AANIO4 FLOCKS ON SINILO IANAIEPS SUIVICII97 TO f1t~AFtCf THEM FROM VINICULM INTIUSIOM.
1 1..'I~C~r'~,!~~, i „ ~.~/~n~s' Nu~ftF~• ~a'c, 'Igs141 '
EP, ALL LANDSCAPING SMALL It CONSTAUCTtt, INSTALLED AMD MAINTAINED 50 AS NOT to 11 OISTAUCT TMI VIEW OF MOTORISTS IIftIRM THE Stlltf
AND THE ACCESS DRIVES AND ~1 ~''I~ rn~ •f'~,,i,~G~ 1 ti~a~r~ll.J t ~'•v N,«•F cur
111 PAPRINO 1,161,111 MEAN THE $nItt VAND tNtPlEg AND EXITS, NAP 614ALL ANY LAND-
SCAPINO WHICH CNIVIS AM OISIAIJ01011 U VILM It LOCATED IN THE kAD1US DY AMY P 4.. 0111 ALYVIN.
r 100 e'OLELfiTfi}h+avPC- 'IC.c, b tell ~ '
A, 1, TMt OWNER AGARS TO MAINTAIN THE PIOUIRID t$916, LANDVAPS AREAS IJID IR OCNSINING DtVICIS IN GOOD COADIt10N AND WALL OTHEANIIE
MAINTAIN THE PROP-
90T1 60 AS TO COMPLY WITH AMY OtNR PI[MINEMINTS OF THE DENTON LANDICAPE }
OPOIMANCC
S. ALL LANDCCIPI AIMS SHALL It IPAIGATID SY AN AUTOMATIC UNDLAGPOIMD SPA2NMLEA r, 1 `
SYSTEM EXCEPT THOSE AREAS WHICH ARE LOCATID WITHIN THE FLOOD PLAIN. 40'
TWIG ADJACENT MOMMY IS
e A 0 JC~DaAm I4
IT LINE OP IIMEET 1ARp_.._ 4 RESIDENTIAL
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TREE PROTECTION NOTES 8A
fiats indicated on the lite plan to AA IelllAed will be protected Ay forcing prior to Ncllnnlol any cohatiuclirn a •70' SUDN6 6411E
Activity Ind kept to place until roodlruction is eorplate.
Fencing will corleUlP rulpeund the tie* or rluAt+iJ of A0' Nal•N'N'E MAY
it$$$ and will to located at the outel"It IImis et the tier ' •a nownlsl or dnpline, ponmAil will be coOaUuctod of G RFLrI'fU
1 lop
"torldU which will be Adgvalo to prevent the loliowing: 1 , t -trre srut`T'TAM li 0A am I,^ ff,
I, 0011 conpartlon rtsultihl from Vehicle tIIIIIr ct a REiMVFU 9l 1 .G'r. 10
$tot61e of equipment or Iupgllto V , „I 1lo'E !1 I.ti ?,o N Afk ~ , i•` v~' 1
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t. loot rove ds#torbence due to glide dlngn Igiester than t Inches cut a{ 1110 or Uemching
1. wounds to eepeded !loll, t#twt at ]fell Ip mech. #
antaal egwipaht. :R I. other activities detrlMhtel to lute such as
rherdcsl nouge,~errrol truck cleaning and fires.
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STREET YARD LANDSCAPE
RAYMOND CONSTRUCTION
141 7•eWAVFO4..)C" 1 +t SIREET YARD PARKING LOT LANDSCAPE 2510 SOUTHALL SUITE 114
~~ilJe~+VTiNIArlj0~ NAN"'Ah wrA DALLAS, TEXAS 75229
9•o. 40HT NON SIREET YARD PARKING LOT LANDSCAPE 1
I r~ EXISTING TRESIBRUSN TO REMAIN
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I f u+~ EXISIING TREEIERUSA TO PE REMOVED
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2510 SOUTHWELL SUITE 114
w~ ■ DALLAS, TEXAS 75229
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CITY COUNCIL AGENDA PACKET
October 19, 1993
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4Qendalto _
AGENDA to
-
CITY OF DENTON CITY COUNCIL
October 19, 1993
Work Session of the City of Denton City Council on Tuesday, October
190 1993 at 5:15 p.m. in the Civil Defense Room. of City Hall, 215
E. McKinney, Denton, Texas at which the following items will be
considered:
NOTE: Any item listed on the Agenda for thi Work Session may
also be considered as part of the Agenda for the Regular Session.
5:15 p.m.
1. Executive Session:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Receive legal advice regarding Councilmembers'
attendance at neighborhood meetings.
2. Consider claim of Mr. Ebersole.
B. Real Estate Under TEX. GOVT CODE Sec."551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sea. 551.074
2. Receive a report and hold a discussion regarding a long range
strategy for stabilizing electric rate.
Regular Meeting of the City of Denton City Council on Tuesday,
October 19, 1993 at 7:00 p.m, in the council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
7:00 p.m.
11 Pledge of Allegiance
2. Consider approval of the minutes of the Regular Session of
October 5, 1993.
3. Presentation by a representative of the University of North
Texas requesting the City's support for the University to
obtain Division i football status.
4. Receive a report from the Citizen's Sales Tax Advisory
Committee and hold a discussion regarding a possible half cent
sales tax to red,:ce the property tax.
A. Report from the chairman
B. Comments from other Committee Members
i
+gendaNo
City of Denton City Council Agenda Agentlallem
October i9, 1993 Date /UYS Z
Page 2
5. Public Requests
A. Consider a request allowing City contractor, Oscar Renda
Contracting, Inc. to work on Sunday from 7:00 a.m. - 7:00
p.m. at the Newton Rayzor School in order to install a
sanitary sewer line.
B. Consider an exemption to the noise ordinance from the
Communication Workers of America, Local 6171, Denton
chapter to hold a picnic at North Lakes Park from 11:00
a.m. - 6:00 p.m. on Sunday, October 24, 1993.
6. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance annexing and zoning to SF16, 23.25 acres
located north of and abutting Ryan Road on Forrestridge
Drive. A-62 and 2-93-019. (The Planning and Zoning
Commission recommends approval 7-0.)
B. Hold a public hearing and consider adoption of an
ordinance amending an approved detailed plan of Planned
Development No. 141. The approximately 16.5 acre site is
located on the south side of University Dtivu (Hwy. 380),
east of Old North Road. Z-93-25 (The Planning and Zoning
Commission recommends approval 6-0.)
C. Hold a public hearing and consider adoption of an
ordinance approving a new detailed plan within PD-134.
The 2.468 acre tract is abutting IH-35E, the old MKT
Railroad, and is between Pockrus Page Road and Shady
Shores Road. Z-92-006 (The Planning and zoning
commission recommends approval 5-0.)
D. Hold a public hearing and consider adoption of an
ordinance amending a portion of an existing detailed plan
for Planned Development No. 16. The 3.396 acre tr:--4t is
located on the west side of F.M. 218: (Lillian Miller
Parkway), approximately 640 feet south of Teasley Lane.
Z-93-023 (The Planning and Zoning Commission recommends
approval 6-04)
76 Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
d
Agenda No
City of Denton City Council Agenda kiendaitem
October 19, 1993 F)ME
Page 3 3 aYS
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchases orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinance. (Agenda item 8.A)
This listing is provided on the Consent Agenda to allow council
Members to discuss or withdraw an item prior to approval of the
Consent Agenda. Upon the receipt of a "request to speak" form from
a citiz9n regarding an item on the Consent Agenda, the item shall
be removed and be considered before approval of the Consent Agenda.
A. Bids and Purchase orders:
1. P.O. 137459 - UEC Equipment
8. Ordinances
A. Consider tdoption of an ordinance providing for the
expenditure of funds for emergency purchases of
materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases
from requirements of competitive bids. (6.A.1. - P.O.
037459)
B. Consider adoption of an ordinance amending provisions of
Chapter 140 Article IV ("Smoking") of the Code of
Ordinances to designate the Manager of the Environmental
Health Services Department to enforce and administer
provisions of this Article; providing for a severability
clause; and providing for repeal of any ordinances in
conflict herewith.
C. Consider adoption of an ordinance vacating a public
utility easement in Lot 1, Block G, Forrestridge section
ii, an addition to the City of Denton, Denton County,
Texas; abandoning a public utility easement recorded in
Volume 752, Page 402, Deed Records of Denton County,
Texas. (The Planning and Zoning Commission recommends
approval.)
D. Consider adoption of an ordinance abandoning a public
utility easement on a tract of land being a part of the
E. Puchalski Survey, Abstract No. 996, and being part of
Lot No. 1, Block 1 of the Santa Fe Addition to the City
of Denton, Denton County, Texas and as further described
in an easement from Ben E. Keith Company to the City of
agenda No.
ggenoal~em
City of Denton City Council Agenda
October 19, 1993 qHq
Page 4 ro
Denton, Texas recorded at Volume 945, Page 606, Real
Property Records of Denton County, Texas. (The Planning
and Zoning Commission recommends approval.)
E. Consider adoption of an ordinance abandoning and vacating
a portion of the public street right-of-way located at
the intersection of Mulkey Lane and Audra Lane, as more
particularly described herein. (The Planning and Zoning
commission recommends approval.)
F. Consider adoption of an ordinance providing for the
renaming of Greenfield Parkway, as shown on the D.I.S.D.
- Farris Road Addition, Lot 1, Block 1, to Grant Parkway.
(The Planning and Zoning Commission and the Historical
Landmark Commission recommend approval.)
G. Consider adoption of an ordinance affecting the
participation of city employees in the Texas Municipal
Retirement Systemt granting the additional rights,
credits and benefits authorized by Sections 854.202(F),
854.204, 854.405, 854.410 of Title 8, V.T.C.A.,
Government Code, as amended, effective January 1, 1994.
H. Consider adoption of an ordinance authorizing and
allowing, under the act governing the Texas Municipal
Retirement System, restricted prior service credit to
employees who are members of the System for service
previously performed for any incorporated city or town in
the United States or any Council of Government in Texas,
as provided in Section 853.305 of Title S. %t.T.C.A.,
Government code, as amended for which such employees have
not received credited services, effective January 1,
1994.
I. Consider adoption of an ordinance allowing certain
employees of the City, who performed or hereafter parform
active service in the armed forces, (or their reserves or
auxiliaries) of the United States under honorable
conditions, to apply and make deposits for, and to
receive special credit with the Texas Municipal
Retirement System for limited portions of such military
service, and providing for payment by the City of its
share of the costs of allowing such credits, effective
January 1, 1994.
b
+lenoaNo ~1.3'D _
+aancalterrlr
City of Denton City Council Agenda
October 19, 1993 WE
Page 5
J. Consider adoption of an ordinance to increase the rate of
deposits to the Texas Municipal Retirement System by the
employees of the City of Denton, effective January 1,
1994.
K. Consider adoption of an ordinance authorizing the City
Manager to execute a compromise settlement agreement and
release in litigation styled Hunter. et al v. City of
Denton. et al.
9. Resolutions
A. Consider approval of a resolution approving an agreement
and resolution of the City of Denton Industrial
Development Authority with respect to the issuance of
bonds for Union Camp Corporation.
B. Consider approval of a resolution endorsing the efforts
of the National League of Cities and the Texas Municipal
League to fully inform our citizens about the impact of
federal mandates on our City finances and the pocketbooks
of our citizens.
C. Consider approval of a resolution approving an interlocal
ambulance agreement between the City of Denton and the
City of Argyle for ambulance services.
D. Consider approval of a resolution approving an interlocal
ambulance agreement between the City of Denton and the
City of Sanger for ambulance services.
E. Consider approval of a resolution approving an interlocal
ambulance agreement between the City of Denton and the
City of Ponder for ambulance services.
F. Consider approval of a resolution adopting Policy No.
107.04 "Family 6 Medical Leave".
10. Consider nominations and/or appointments to the Board of
Adjustment, the Electrical Code Board, the Keep Denton
Beautiful Board, the Juvenile Diversion Task Force and the 191
Committee.
11. Miscellaneous matters from the City Manager.
d
;enoaNo
City of Denton City Council Agenda U0n0al~Bfn~
October 19, 1993
Page 6 f to
12. Official Action on Executive Session Items,
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
13. New Business
This item provides a section for Council Members to suggest
items for future agendas.
14. Executive Session:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
NJTEI THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of , 1993 at o'clock (a.m.)
CITY SECRETARY
NOTE, THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800RELAY-TXSO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACC00160
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Agendalte~+✓-
Oce{der 19 1993
CITY COUNCIL AGENDA ITEM
TOs MAYOR AND MEMBERS OF THE CITY COUNCIL
FROMs Lloyd Harrell, City Manager
REs RECEIVE A REPORT AND HOLD A DISCUSSION REGARDING A LONG
RANGE STRATEGY FOR STABILIZING ELECTRIC RATES
RECOMMENDATIONS
None - the purpose of this agenda item is to discuss with the
City Council the rationale for the current strategy of using
electric cash reserves to partially absorb large increases in
future electric utility production power costs.
SUMMARY/BACRGROUNDs
Electric production power costs are increasing due to higher
TMPA debt service and increasing fixed 06M costa, increases in
natural gas energy costs for Denton's power plant and
purchased energy supplies and general inflationary increases
in 06M and capital construction. TMPA recently re8'ructured
its existing $1.2 billion long term debt by refinancing nearly
$600 million in outstanding bond issues through the year 2017.
The Increasing TMPA debt service costs are passed on to the
member cities in the form of higher purchased power costs.
The price of natural gas used in the production of electricity
that TMPA does not furnish Denton has also been steadily
increasing since 1991, and further increases are expected in
the future. In addition, as the City of Dentor continues to
grow, additional power suppliers will be needed in the late
1990'8.
The utility will need to increase both the basic electric
rates and the Energy Cost Adjustment (ECA) rate to most these
higher costs. However, this will result in overall rate
increases as high as 10 1 to 131 in some years, as well as
large fluctuations in rate increases from year to year unless
some strategy is developed to stabilize these rate increases.
The Public Utility Board (PUB) and staff have developed and
recommend a rate strategy that levelizes base rate and ECA
rate Increases and uses some cash reserves to Ltnit the level
of rate increases to not greater than 61 in any one year.
This rate strategy provides better rate stRbilization by
smoothing large year to year fluctuations in rate increases.
d
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.a n genoa No
Page 2 grcaltem W
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The electric utility now hap a total cash r serve o a
approximately $50 million. Of the total cash reserves, $10
million is set aside for reservations (funds restricted for
payment of long term debt, principle and interest, current
contracts, supplies, capital projects, bond indenture terms,
etc.) leaving approximately $40 million available for
appropriation. For the 1994 fiscal year, $10 million of the
appropriable cash has been set aside as a utility emergency
and working capital fund. The basic rate strategy utilizes
the remaining $30
million cash over the next 23 years to achieve the goal of
lower rate increases with smaller rate fluctuations. One
important issue is the acceptable level of cash reserves held
for emergency and working capital requirements. Another
factor supporting the use of cash reserves is the need to
remain competitive with other providers of electric service in
the Denton area.
Exhibit i is a bar graph of Denton's share of TMPA costs with
TMPA's debt service cost shown separately from all other TMPA
costs. Denton gets 22% of TMPA's total output of
approximately 3 billion RWH. TMPA's forecast of non-debt
service costs are only available to 2004. This bar graph
assumes a 31 inflation factor after year 20044
Exhibit It is a bar graph of all other electric costs of
Denton, exclusive of TMPA's costs. The bar graph shows
Denton's fuel costs and purchased power costs separate from
all other costa, such as salaries, debt service, capital
expansion from current year revenue, payment of return on
investment, etc. A 3% general inflation factor has been
included in Denton's labor and construction costs. In 1998
and in 20120 it is assumed a power production facility will be
operational and additional debt service incurred to pay the
revenue bonds issued for those projects.
Exhibit III is a bar graph of total electric system costs for
Denton, including Denton's share of TMPA and Denton's fuel and
purchased power costs plus all other system costs.
Exhibit IV is a graph of the rate increase necessary with the
two alternatives of either no rate stabilization or using the
$30,000,000 in reserves for rate stabilization.
Exhibit V is the forecasted and of year declining balance of
the $30,000,000 reserve as it is used to offset further rate
increases.
Y:.c r
Agend3Na _~-P 410
Agenda
ger►i l[J f~ a _
FISCAL SUMMARYs ate /Old '_V
The use of cash reserves to offset future rate increases wouA
lower costs to Denton customers for electric service, but
would exhaust a large portion of the existing cash reserves of
the electric utility.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED3
Citizens of Denton, Electric Customers, Denton Municipal
Utilities, Legal Department, Finance Department, Public
Utilities Board, and City Council.
Reapec~~/ully su fitted,
C /C
L oyd Harre
City Manager
Submitted by
~7J44-
. E. Nelson
Executive Director of Utilities
Exhibitsi
I Denton share of TMPA costs
ii Denton costs exclusive of TMPA casts
III Total Denton electric system costs
IV Rate increase with or without the use of cash reserves
V End of year declining balance of $30,000,000 reserve
n a. ..r..r1
DENTON'S TMPA COSTS
160
G9 100
0
on
loe
0 60
0
LIA
LIA
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0
94 96 96 97 98 99 00 01 02 03 04 06 08 07 08 09 10 11 12 13 14 16 16 17
M TMPA DEBT 0 ALL OTHER TMPA COSTS eTMPACB
g
DENTON'S GENERATION AND
DISTRIBUTION COSTS (MINUS TMPA COSTS)
150
N
0 100 - m
69. w
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50
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94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17
® DENTON PLANT (SPENCER) FUEL R;
® ALL OTHER DENTON COSTS 6DENCST
P.
l
4
DENTON'S TMPA AND
GENERATION & DISTRIBUTION COSTS
150
77-
N
O 100
~ X
4i4 =
1 50
O
8 g
0 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17
DENTON'S TMPA COSTS °
M DENTONS (aENERATION & DISTRIBUTION COSTS 51)&TMPAC
R
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ELECTRIC TOTAL ANNUAL RATE ADJUSTMENTS
WITH & WITHOUT USING THE $30,000,000
1596
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DEPLETING THE $30,000,000 RESERVE v
NOT USING THE $30,000,000 RESERVE 5TERATE
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$30,000,000 RESERVE LEVEL
40
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94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 16 16 17 oQ
-*-DEPLETING $30,000,000 RESERVE
5ERESLEV~
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No. 3 "O4Ka -
A404ft
Date f*1~-
CITY OF DENTON CITY COUNCIL MINUTES 16 G
October 5, 1993
The Council convened into the Work Session on Tuesday, October 5,
1993 at 5:15 p.m.
PRESENT: Mayor Castleberry; Mayor Pro Tea Smith; Council Members
Brock, Cott, and Perry.
ABSENT: Council Members Chew and Miller
1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters Unde: TEX. GOVT CODE S^-c. 551.071
1. Considered drainage claims pending against the
city,
2. Considered settlement of Hunter v City of Denton.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
2. The Council received a presentation from the Chair of the
relative impact Cable T.V. Advisory Board carry/ retransmission consent" rules on he City ofDenton's cable
system.
Susan McGuire, Chair-Cable T.V. Advisory Board, stated that there
were still some issues which needed to be worked out regarding the
ehannel 8 agreement with
retransmission consent with the networks. The
Channel 4 would require no additional funding. had ot
released any details regarding the agreement other than there would
be no cash payment involved. Channel 5 had settled on an agreement
that Sammons could transmit past the October 6 deadline but no
further details were available. The Fox network had granted a 6
month extension in order to continue negotiations. to he Cable T.V n
Board's position was still that they were opposed the provisio
of paying for the television services. The Board would keep the
Council informed as the negotiations continued.
John Enlow, Sammons, stated that an agreement had been reached with
Channel icht was the releasedswas were not ready to be that Sammons could carry Channel 5hs
which
wording
dusignal with no
to continuing negotiations with m other cable companies. regarding
3. The Council received a report and held a ominating individual(s) to the Denton Central Appraisal discussion District's
n
Board of Directors.
i
i
1
igendaNo _W-0
city of Denton city council Minutes Agendaltem ~ W
October 5, 1993;Q ----A212)
efl-01
Page 2 John McGraneI Executive Director for Finance, stated that five of
the positions for the District's Board of Directors were up for
election. Staff had met with various school superintendents.
Three individuals, John Beck, Gaylord Thornton and Horace Brock,
had been nominated. Board members who had not been nominated, but
possibly would be, included Albert Hughes, Tracy Quinton and
Clarence Myers. Under state law, each jurisdiction could cast
their votes for a nominee. If City wished to nominate someone,
action would be necessary and be submitted to the Appraisal
District by October 15th. There was an agenda item on the October
12th meeting for a Council nomination if that was their desire.
City Manager Harrell stated that this was a strategic decision as
it would take approximately 1000 votes to elect someone to the
Appraisal District Board while Denton had only 599 votes. If
Council decided to nominate someone, the City would have to combine
with other jurisdictions in order to have the individual elected.
based on the priorwould
McGrane h was last year
yeart'
599 votes as the amount of s
levy. Next year the City would have lower votes while the School
District's would be higher.
Mayor Pro Tem Smith asked that if the Council nominated someone,
would the Council then have to vote at a later date for that
individual.
i agenda would
nominate have
for Council state
an t item Manager
consideration if t t
individual.
McGrane that the City would still have voting rights later
after the nominations were over.
Mayor Pro Tem Smith felt that the City had a very outstanding
representative on the District Board nod and would like to see that
individual continue on the Board.
received a ordinance. and held a discussion regarding
The Council
revisions to the smoking
Joseph Portugal, Assistant to the City Manager, stated that at the
July 6th Council meeting a citizen report had been made regarding
a smoking rdi a violation. Then proposed ordinance would update
several areas of the current Mayor Castleberry stated that the proposed ordinance did not change
any basic regulations.
agenda,No -
Agendaliern. s'~a
City of Denton City Council Minutes DaSe
October 5, 1993
Page 3
Portugal replied that it only changed some definitions and
codification errors.
Mayor
section ain rry stated that some
the restaurant and some ha4 the a sections in smoking the
front of the restaurant. He asked if the ordinance addressed where
that section should be located.
Nonie Kull, Environmental in ordinance to where the section should be placed as
no
Consensus of the Council was to have the ordinance presented at a
future meeting for consideration.
The Council convened into the Regular Meeting on Tuesday, October
51 1993 at 7:o0 p.m.
PRESENT: Mayor Castleberry; Mayor Pro Tem 'Smith; Council Members
Brock, Cott, and Perry.
ABSENT: Council Members Chew and Miller
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the special
Sessions of
Call i
1993,e and the Regular lSessions t of September 14~,g and
21, 1993.
Perry motioned, Smith seconded to approve the minutes as presented.
Council Member Cott asked if the meeting at the fire station was a
called meeting.
Mayor Castleberry indicated that it was not a called meeting.
On roll vote, Brock "aye", Cott, "aye" , Smith "aye", Perry "aye",
and Mayor Castleberry "aye", Motion carried unanimously.
3. The Council considered a resolution of appreciation for David
Ham.
Mayor Castleberry presented a resolution of appreciation to David
Ham.
F
Y
fi
City of Denton City Council Minutes
October 5, 1993 J"aaNo
Page 4 ue~0o1t8mr
The following resolution was considered:
N0. RA93-009
RESOLUTION OF APPRECIATION FOR C. DAVID HAM
Perry motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott, 10aye", Smith "aye's, Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
The Mayor presented the following proclamations:
Domestic Violence Awareness Month
Keep Denton Beautiful Adopt-A-Spot Month
Fire Prevention Month and Fire Prevention Week
Public Power Week
9. Citizen Reports
A. The Council received a citizen report from JoAnn Wheeler
regarding a business seminar relating to the Clean Air Act and
Storm Water Regulations.
Ms. Wheeler stated that Soroptimist International was the world's
largest classified service club for executive and professional
women. In addition to service projects that benefited the
handicapped, women re-entering the work force, and outstanding high
school seniors, the Soroptimists of Denton were undertaking an
educational project this year regarding clean air and water, The
S
16th to oroptimist Club in Denton was sponsoring a symposium on October
affordable wayse of the small business person on compliance. The Club felt that the
Clean Air Act
would cost the small business many dollars and might cause the
closure of some businesse3. She encouraged the Council to attend
the seminar and presented a packet of information to the council
regarding the event.
5. Citizen Requests
A. The Council considered approval of a resolution
temporarily closing Sun Valley Drive between Stuart Road and
Yellowstone Street on Friday, October 150 1993 for a PTA
fundraiser,
Catherine Tuck, Administrative Assistant, stated that this request
was for a street closure in order to hold a PTA fundraiser. The
property owners and tenants had signed the petition in favor of the
request.
r
ti
City of Denton City Council Minutes Agenda No c?J -,1
October 5, 1993 Agenda lterq, , s~___~
Page 5 (~Ip~ 4)
The following resolution was considered:
NO. R93-057
i
A RESOLUTION TEMPORARILY CLOSING SUN VALLEY DRIVE BETWEEN
STUART ROAD AND YELLOWSTONE STREET ON FRIDAY, OCTOBER 15,
1993, AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
6. The Council considered adoption of an ordinance directing the
publication of notice of intention to issue Certificates of
Obligation of the City of Denton.
John McGrane, Executive Director for Finance, stated that this
ordinance would provide for the intent to issue certificates of
obligation for use in renovation of city buildings and would allow
for bonds for engineering and land acquisition for the new
landfill. The anticipated sale would be on November 2, 1993.
Council Member Cott asked why the City was using certificates of
obligation to such a degree. Why was the city not going to the
voters more when going into debt.
McGrane replied that it was a policy decision. State law allowed
for the issuance of general obligation debt which had to be voted
on by the citizens and certificates of obligation which did not.
It had been a policy that in these two instances, certificates of
obligation would be used.
City Manager Harrell stated that with the building project, the
certificates of obligation which would be used for the building
project would be retired from lease income which the City would
receive from Cooke County College and Morrison Milling. There
would be no tax dollars associated with the retiring of that debt.
The landfill portion of the issuance would be in the utility area
which was treated differently from general obligation bonds.
Council Member Cott suggested using more general obligation bonds
and very few certificates of obligation when financing. Those who
paid the taxes should be made more aware of the City's debt.
Council Member Brock stated that since tax money was not being used
to pay off the certificates of obligation for the renovation of the
Denton Municipal Complex, this financing method was very
appropriate.
x
a
I
I
Aenda No 4?J -e9 f10
City of Denton City Council Minutes ApdaltefR.._.4s_~.,---_
October 5, 1993 ~te~l~3l-
Page 6
Council Member Cott stated that the good credit of the community
was being used.
The following ordinance was considered:
NO. 93-178
CRDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "nay", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried with 3 4-1 vote.
7. Public Hearings
A. The Council held a public hearing and considered adoptinn
of an ordinance rezoning 50.041 acres of land to the agricultural
(A) zoning district, from a Planned Development district (PD-13).
The site was located at the northeast corner of University Drive
(Hwy.380) and Marshall Road. Z-93-021 (The Planning and Zoning
Commission recommended approval 6-0)
Frank Robbins, Executive Director for Planning, stated that this
would be a downzoning from a planned development to the
agricultural district. The proposal was in accordance with the
Denton Development Plan and the Planning and Zoning Commission had
recommended approval.
The Mayor opened the public hearing.
Mike Ramos stated that the request was a downzoning to the
agriculture district. He was available to address any questions.
The Aayor closed the public hearing.
The following ordinance was considered:
NO. 93-179
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE IN ZONING OF $0.041 ACRES OF LAND LOCATED ON THE
NORTHEAST CORNER OF UNIVERSITY DRIVE (HIGHWAY 380) AND
MARSHALL ROAD, FROM PLANNED DEVELOPMENT NO. 13 (PD-13) ZONING
DISTRICT CLASSIFICATION TO AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
4gerda No _y.~ -Gs~
0
City of Denton City Council Minutes Apndallem__9--_.
October 5, 1993 Date
Page 7 n~PIIS'
Brock motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
8. Consent Agenda
Perry motioned, Smith seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
A. Bids and Purchase Orders:
1. Bid 11540 - Paper (Office and Xerographic)
2. Bid 11544 - Electric Meter, CT & Meter Sockets
3. Bid 11535 - North Lakes Park Phase II - Restroom/
Concession Building/Group Picnic Pavilion
4. Bid 11541 - Cooper Creek 15" Sanitary Sewer
5. Bid 01542 - University Drive Sanitary Sewer
6. Bid 11521 - Denton Municipal Complex Renovation
9. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (8.A.1. - Bid 115401 8.A.2. - Bid
11544)
The following ordinance was considered:
NO. 93-180
AN ORDINANCE OF THE CITY OF DENTON ACCEPTING COMPETITIVE BIDS
AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock. "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (B.A.3. - Bid 11535, 8.A.4. - Bid
115410 8.A.5. - Bid 11542, 8.A.6. - Bid 11521)
The following ordinance was considered:
Agenda No
City of Denton City Council Minutes
October 5, 1993 Agerualtem QS °L-
Page 8 Date___AOVI
NO. 93-181
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
C. The council considered adoption of an ordinance amending
Article II of Chapter 10 ("Finance and Taxation") of the Code of
ordinances providing for procedures for emergency purchases;
providing for procedures for purchases based on certain values;
providing for competitive bidding; providing for purchases from
bond funds; providing for personal service contracts; providing for
competitive sealed proposals; and providing for contracts with
former Councilmembers.
City Manager Harrell stated that this was a routine item whicr, was
done each year after the adjournment of the Texas legislature.
There had been changes made to the State purchasing law which
affected local municipalities and the proposed ordinance would
implement those state law provisions.
Council Member Brock stated that section 10.35 dealt with contracts
with former council members. The third item under A. dealt with a
contract required to receive a City service or participate in a
City program which was available to the general pubic. She asked
for an explanation of those provisions.
City Attorney Drayovitch stated that one example would be a
contract for utility service was a contract which everyone had the
o;portunity to enter into with the same terms. Also utility rebate
programs would be available for all citizens.
The following ordinance was considered;
NO. 93-182
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II
OF CHAPTER 10 ("FINANCE AND TAXATION") OF THE CODE OF
ORDINANCES PROVIDING FOR PROCEDURES FOR EMERGENCY PURCHASES;
PROVIDING FOR PROCEDURES FOR PURCHASES BASED ON CERTAIN
VALUES; PROVIDING FOR COMPETITIVE BIDDING; PROVIDING FOR
PURCHASES FROM BOND FUNDS; PROVIDING FOR PERSONAL SERVICE
CONTRACTS; PROVIDING FOR COMPETITIVE SEALED PROPOSALS;
City of Denton City Council Minutes Agenda No
October 5, 1993 Agandaltem S
Page 9 fete /d
If
PROVIDING FOR CONTRACTS WITH FORMER COUNCILMEMBERS; PROVIDING
A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS OF
THE PROVISIONS HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Ruth Inez Coyle to purchase property; and
authorizing the expenditure of funds therefor. (The Planning and
Zoning Commission recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that Items D,
E, and F were tied together. These were the properties located
near the proposed landfill expansion site. The Coyle property was
one acre and would be bough:, for $75,000. The Smith property was
4.8 acres at a value of $150,000 and the Matzinger property was 5
acres at a value of $122.700.
The following ordinance was considered:
NO. 93-183
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND RUTH INEZ COYLE TO
PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. on roll
vote, Brock 11aye10, Cott, "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
E. The council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and J. B. Smith to purchase property; and
authorizing the expenditure of funds therefor. (The Planning and
zoning commission recommended approval.)
The following ordinance was considered:
City of Denton City Council Minutes
October 5, 1993 A~3~d2~BR1~3~
Page 10 f}3ie _1e~_9/
NO. 93-184
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
DENTON AND J.B. SMITH TO PURCHASE PROPERTY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aya", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Robert Hardy Matzinger and wife, Frances Lamons
Matzinger to purchase property; and authorizing the expenditure of
funds therefor. (The Planning and zoning commission recommended
approval.)
The following ordinance was considered:
NO. 93-185
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND ROBERT HARDY
MATZINGER AND WIFE, FRANCES LAMONS MATZINGER TO PURCHASE
PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and the city of Denison for the exchange of
property.
David Ham stated that the City of Denison had a spare air blower
with motor and Denton had a spare jib crane which neither would be
able to use. The value of the two pieces of property was almost
identical and both cities could use the other's equipment. The
property which would be exchanged would benefit both cities.
The following ordinance was considered:
Agenda No,
City of Denton city council Minutes A.gendaliero_ _.2~
October 5, 1993 floe /0 ~4
Page 11 f
NO. 93-186
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF DENISON
FOR THE EXCHANGE OF PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
Smith motioned, Brock seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott, "aye", smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance
authorizing the Mayor to execute a project engagement agreement
with Haynes S Boone, L.L.P. for professional legal services; and
authorizing the expenditure of funds therefore.
City Attorney Dtayovitch stated that this ordinance would be for
the City's representation in Gibson-y. City of Denton and would
also provide for a portion of the legal services the Council
authorized for personnel related legal advice.
The following ordinance was considered;
NO. 93-187
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROJECT
ENGAGEMENT AGREEMENT WITH HAYNES AND BOONE, L.L.P. FOR
PROFESSIONAL LEGAL SERVICES; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Smith "ayes', Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
10. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute an interlocal cooperation
agreement with Denton County for shared roadway maintenance for
City of Denton and Denton County roads.
Rick Svehla, Deputy City Manager, stated that the City and County
had joint jurisdiction over several roads in the area. In order to
better define the jurisdiction and to provide better servicing of
the facilities, an agreement had been worked out with the County
for these roads.
Council Member Cott asked if Ryan Road was once called Egan Road.
i
i
City of Denton City Council Minutes AeendaNO_ Z o__
October 5, 1993 ~c
Page 12 Ageada feat S
i9.C2
Svehla replied no.
Council Member Cott asked if the City would take care of Ryan Road.
Svehla replied yes.
Council Member Cott stated that with this agreement, whoever did
the road would finance the road.
Svehla replied that whoever was listed as the responsible agency
would then have the responsibility to maintain the road as they
determined.
Council Member Cott stated that with Ryan Road, the repair would be
financed by the County and the work would be done by the City. Was
that the process for the rest of the roads included in the
resolution.
Svehla replied not necessarily. Ryan Road was different in that
the County had passed bonds for the improvement of that road. The
City was doing the engineering work for Ryan Road and the County
would bid the project.
Council Member Cott stated that with the other roads, whoever was
to maintain the roads, would have to finance that maintenance.
Svehla replied correct unless in the future the City annexed other
sections of County roads.
The following resolution was considered:
NO. R93-058
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR SHARED
ROADWAY MAINTENANCE FOR CITY OF DENTON AND DENTON COUNTY
ROADS) AND PROVIDING AN EFFECTIVE DATE.
Cott motioned, Brock seconded to approve the resolution. on roll
vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
11. The Council considered nominations and/or appointments to the
Board of Adjustment, the Electrical Code Board, the Keep Denton
Beautiful Board and the Juvenile Diversion Task Force.
Council Member Perry nominated Don Smith to the alternate position
on the Board of Adjustment.
City of Denton city Council Minutes VeriaaNo
October 5, 1993 Agelcaltem,_„ jo
Page 17 Date
As Council Member chew was not at the meeting, the nominations for
next Electrical meetingCode Board and Keep Denton Beautiful would pass to the
.
Mayor Pro Tem Smith nominated Dalton oregory for chairmanship of
the Juvenile Diversion Task Force.
Mayor Castleberry indicated that voting would take place at the
next Council meeting.
12. Miscellaneous matters from the City Manager.
A. The council received a report, held a Jiscussion and gave
staff direction regarding a schedule to receive the final report
from the Citizens, Sales Tax Advisory Committee and related
matters.
City Manager Harrell stated that the Citizens Advisory Committee
had informally concluded their deliberations and were in the
process of preparing a formal written report. Staff needed to know
how to proceed following the distribution of the report on October
15th. The Committee desired to formally come before Council after
the written report was released for a verbal summary to Council.
Possible dates for that summary were October 19th or October 26th.
Following the summary report, it was suggested set a
time to hear from Dr. Weinstein regardithe issue CouAccritical
date to keep in mind was November 16th which was the last date to
send a submission to the Justice Department indicating a City
election would be held in January,
desire. With the last bond election whif that was the lts.
ich the City had,Ctheconly
issue on the ballot was the bond issue which would be similar to
this proposed election. There was a single polling place for the
last bond election at the civic center which might also be possible
for this election. December 1st was the last date to call the
election for the 15th of January. Two critical factors were the
date at which the committee would present a summary to the council
and a date for Dr. Weinstein to address the Council.
Mayor Castleberry asked for suggestions for a date for the
Committee presentation.
Council Member Perry suggested that such a presentation would be
best at a work- session and suggested the October 26th meeting.
council Member Brock stItted that she would prefer the October 19th
meeting as she would not be present on the 26th. Also, the October
19th meeting was a regular meeting with the possibility of having
the public present for the report.
~aadaNo _~~a
City of Denton city council Minutes Age^daltem _
October 5, 1993
Page 14 tlaie -0
Council Member Cott indicated that the October 19th meeting was the
first night in which the Council meeting would be televised and
would be a meeting which would allow maximum participation.
Brock motioned, Cott seconded to have the Committee presentation on
October 19th. On roll vv:e, Brock "aye", Cott, "aye", Smith Faye",
Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-
1 vote.
Mayor Castleberry asked for suggestions for a date for a special
report from Dr. Weinstein.
Council Member Cott asked why the council would need to hear from
Dr. Weinstein. His job was to report to the Committee which would
be already completed.
Mayor Castleberry indicated that he would like to hear him and to
ask questions.
Mayor Pro Ten Smith suggested the possibility of having or.
Weinstein on the same evening as the Committee summary as a follow-
up to their presentation.
Smith motioned, Perry seconded to have Dr. Weinstein on the same
date as the Committee report. On roll vote, Brock "aye", Cott,
"aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
B. The School District joint luncheon had been set for
October 20th at noon in the Green Room of the Firtt State Bank.
C. Part of the Consent Agenda authorized the bids for the
Denton Municipal Complex.
13. There was no official action taken on Executive Session Items
discussed during the Work Session.
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Cott suggested a report on what the City
could do to see to it that open access as a concept was maximized
through the use of computers in the City.
vendaNa D a
City of Denton City Council Minutes ~gendallerrZ_ o~
October 5, 1993
Page 15 A E 1Q~~
B. Council Member Cott suggested a study regarding the
concept to either register convicted sexual offenders or to keep
them from re?.ocating in the City.
15. There was no Executive Session held during the Regular
session.
With no further business, the meeting was adjourned at 8:03 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO015D
CITY.'
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CITYo/DENTON, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 680.8307
Office of the City Manager
TOt Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: October 19, 1993
SUBJECT: Citizens' Sales Tax Advisory Committee Report
The report from the Citizens' Sales Tax Advisory Committee has been
included in your packet under separate cover.
This has been done for your convenience and so that the materials
can be brought back to each Council meeting where this issue is
discussed.
Llo d V. Harrell
City Manager
i
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-=COUNC1
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AA=No.
CITY COUNCIL REPORT FORMAT OetA
TOe mayor and Members of the City Council
FROM$ Lloyd V. Harrell, City Manager
SUBJECTS Special permit to work Sundays on University Drive Sanitary Sewer
Line Project
UCOMMENDATIONe
Grant a special permit to allow city's contract or Oscar Renda Contracting, Inc.,
to work on Sunday on DISD property from 7:00 a.m. - 7:00 p.m.
SUMMARYi
We are requesting the contractor be allowed to work a Sunday to complete the
installation of the sewer pipe line across the Newton Raynor Elementary School
tract.
BACRGROUNDe
The beginning of this project lies on th Denton have the Independent Srheol District
Property referenced above. It Is proposed
of the school
pipeline installation across the parking lot and along the front
on the weekend. This proposal will help eliminate open ditches on the school
property and minimize the large equipment and materials on the school property
when in session.
PROGRAMS, DEPARTMENTS. OR GROUPS AEFArTEDs
Utility Department, Engineering & Transportation and the citizens of Denton
FISCAL IMPACTe
Overtime for inspection and surveying
TTEDe
AESPf LL31;
~o Ha/
City Manager /
Z:r ed bWnson
W W
pervisor of Engineering Techs
Su
Approvede
Je lark
D{ ec or of gineering & Transportation
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v s nq criteria will only Wly in this P.O. Olatrlct upol of • raataurant.
t to shop that require body wort or Paintlnq $"at be i ~
pr 40 reu i property line shall be t' nigh hedge K/Nning. 11"
d IP-l for dotal)$. ttnd shell be visible froa /root `
ed or steel of 6" i i
all be Installed to help screen any bay door that nay
d in front Yard of building. I I at front property lens shall to e{ni•ua 29'-$* long I
A t entry drive with option to extend it full width of
Wall W41k be not less th•n't',d• r.or greeter than •'-g' V i
Property identification name shall be •flateway Plai•• u Placed on north aasonry wall •dNcent to entry drive. I
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Chapter 20 Dale
NUISANCES* a v 3
Art, 1. In General, 110 20.1-20.30
Art, if. Abandoned Property, 44 20.31-20.70
Div. 1. Generally, if 20.31-20.40
Div. 2. Motor Vehicles, H 20.41-20.70
Art. 111. Grass and Weeds, 1120-71-20-73
ARTICLE 1. IN GENERAL
Sec. 20.1. Noise,
(a) It shall be unlawhil for any person to make or cause any unreasonably loud, dis•
turbing, unnecessary noise which causes or may cause material distress, discomfort or Injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(h) 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 tobe noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
IU The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10,00 p.m. and 7:00
am,, as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen•
sibilities in any dwelling, hotel or other type or residence;
(2) Thouseof any stationary loudspeaker, amplifier or musical Instrument In such manner
or with such volume as to annoy or disturb persons of ordinary sensibilities In the
Immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7:00
a.m„ or the operation of such loudspeaker, amplifier or musical instrument 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 attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger;
(41 The erection, excavation, demolition, alteration or repair work on anybuildingat any
time other than between the hours of 7:00 a.m, and 8,30 p.m„ Monday through
"Cross t eferences -Protected migratory bird roosts declared nuisance, 16-87; Inspection
and abatement warrants, 119-86 et seq,; insect and rodent control in mobile home and rec-
reational vehicle parks, 4 32.91.
4upp, No, 1 1369
c
„
gend3No
4 20'1 DENTON CODE °Oendall9ril4L41~0~
qtr D /
Saturday; provided, however, that the city council may issue special permits r such
work at other hours in case of urgent necessity and in the interest of public safety and
convenience;
(6) The creation of any loud and excessive noise in connection with the loading or i.n•
loading of any vehicle or the opening or des~ructlon of bales, boxes, crates or von•
tainers;
(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, 14.21)
Cross reference-Animal noise, 4 6.26.
See, 20.2, Odors,
(a) It shall 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 o6r, stench or smell of such
character, strength or continued duration mi to substantially interfere with the comfortable
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 persons of ordinary
sensibilities;
(2) Offensive odors from privies and other similar places;
(3) Offensive odors from the use or possesilon orchemicals or from industrial processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities;
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
ill) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, refuse, offal or dead animals on any premises.
(Code 1966, 44 14.22, 14.23)
Sec, 20.3. Garbage, (rash and rubbish nulsances-Generally,
(a) awing or keeping garbage, lrosh and rubbish, The storing or keeping of any and all
stacks, heaps w piles of old lumber, refuse, Junk, old cars or machinery or parts thereof,
garbage, trash, rubbish, scrap iaterial, ruins, demolished or partly demolished structure or
buildings, piles of stonrs, bricks or broken rocks on any premises bordering any public street
auPp No 1 1390
=CITY
COUNC)
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tigendaft
CITY COUNCIL REPORT
e, A
TOi Mayor and Memberb of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Request for an Exemption to the Noise ordinance for
loudspeakers, amplifiers and musical instruments at North
Lakes Park on Sunday, October 24, 1993
DATE: October 19, 1993
BACKGROUND:
Steve Shafer and the Communication Workers of America, Local 6171,
Denton Chapter, is having a family picnic at North Lakes Park on
Sunday, October 24, from 11:00 a.m. to 6:00 p,m, and has requested
an exemption to the noise ordinance.
SUMMARY:
The ordinance declares loudspeakers, amplifiers, and musical
instruments a noise nuisance, particularly after the hour of 10:00
p.m. and at anj time on Sunday (please see copy of ordinance
attached). However, the ordinance states that the City Council may
make exceptions when the public interest is served. The GTE
employees are requesting an exemption to the noise ordinance for
loudspeakers, amplifiers, and musical Instruments on Sunday,
October 24,
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:_
Citizens and visitors attending the event, neighborhoods
FISCAL IMPACT:
None
Please let me know if I can provide additional information.
RESPECT /LLLY SUBMITTED,
C LJoy V. Harrell
City Manager f
Prepared by:
Catherine E. Tuck
Administrative Assistant
x
10/14/93 0953 GTE SERVICE CENTER DENTON. TX 002
+geeda No Arr
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a~
October 14, 1993
To Mhos It May Concerns
Sunday, the 24th of October, Communication Workers o!
America, Local 6111, Denton Chapter will be having a family
picnic at Northlake park, between the hours of 11600 a.m* and
6600 P.M.
We would like to request a varianoe of a City ordinanoe, to
allow a small P.A. system and musical entertainment on this
date,
if there is any problem with the volume of said equipment or
any local neighbors complain, we will be happy to adjust the
volume or terminate the use of said equipment,
The equipment will be set up at the northern most end of the
park to help avoid this situation.
z
i
E
Chapter 20 AgOdalfem dr
NUISANCES- bite ~i
Art. 1. In General, 44 20.1-20.30
Art, H. Abandoned Property, It 20.31-20.70
Div. 1, Generally, 44 20-31-20.40
Div. 2. Motor Vehicles, 44 20-41-20.70
Art, III. Grass and Weeds, 1120.71-20.73
ARTICLE 1. IN GENERAL,
Sea 20.1. Noise.
fat It shall be unlawful for any person to make or cause any unreasonably loud, dis•
turbing, 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 suLh 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 uthers, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclu!tve:
(1) The playing of any phonograph, television, radio or any musical Instrument In such
manner or with such volume, particularly between the hours of 10:00 p.m. and 7:00
a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen•
sibilities in any dwelling, hotel or other type or residence;
121 The use of any stationary loudspeaker, amplifier or musical instrument in such manner
or with such volume as to annoy or disturb persons or ordinary sensibilities In the
Immediate vicinity thereof, particularly between the hours of 10:00 p.m, and 7:00
a.m,, or the operation of such loudspeaker, amplifier or musical Instrument at any
time on Sunday; provided, however, that the city council may make exceptions upon
application when the public Interest will be served thereby;
13! The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger;
(4) The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7;00 a.m. and 8:30 p.m., Monday through
*Cross references-Protected migratory bird roosts declared nuisance, 16.87; inspection
and abatement warrants, 119-86 et seq.; insect and rodent control in mobile home and rec•
reational vehicle parks, 13291.
Supp,No,1 1399
i
AgPdaNo
1120-1 DENTON CODE ABe?ddllern ~
Date
.~p~
Saturday; provided, however, that the city council may issue special permit3~br such
work at other hours in case of urgent necessity and in the interest of public safety and
convenience;
(51 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•
tainers;
t6) 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, 1421)
Cross reference-Animal noise, 0 6.26.
See. 20.2. Odors.
(a) tt shall 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
character, strength or continued duration as to substantially interfere with the comfortable
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 persons of ordinary
sensibilities;
(2) Offensive odors from privies and other similar places;
13) 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 sensibilities;
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
15) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, refuse, offal or dead onimals on any premises.
(Code 1966, Of 1422, 14.23)
Sea 20.3. Garbage, trash and rubbish nuisances-Generally.
(a) Storing or keeping garbage, trash and rubbish, The storing or keeping of any and all
stacks, heaps or plies of old lumber, refuse, junk, old cars or machinery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or
buildings, piles of stones, bricks or broken rocks on any premises bordering any public street
Supp,No,1 1390
--CITYJ
COUNCI
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bgendaNa,
apenttal
ode
DATE: October 9 993
CITY COUNCIL REPORT FORMAT
To: Mayor and Members of the City Council
From: Lloyd V. Harrell, City Manager
Subject: HOLD APUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE
ANNEXING AND ZONING A TRACT OF 23.25 ACRES LOCATED NORTH OF
AND ABUTTING RYAN ROAD ON FORRESTRIDGE DRIVE. (A•62)
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.(? - 0)
SUMMARY:.
An ordinance annexing and zoning 23.25 acres located north of and abutting Ryan
Road on Forrestridge Drive is attached. (See attachment #1) Exhibit "A" of the
ordinance contains the legal description of the tract to be annexed and zoned. The
Service Plan included in appendix "B" provides for the extension of full municipal
services to the tract. The ordinance also provides for the zoning of the tract to the
single family SF-16 zoning district classification. Planning and Zoning Commisslon
report with a recommendation to approve the zoning of the tract Is attached. (See
attachment #2)
BACKGROUND;
The proposed annexation and zoning of this tract has been initiated by the owners
In order to facilitate residential single family development (SP-16). City Council
held the first and second public hearings on the proposed annexation on August 3,
and August 17, respectively, and no one spoke in opposition. The Planning and
Zoning Commission considered the proposed annexation and zoning of the tract on
August 25,1993 and unanimously recommended adoption. In accordance with the
City Charter, City Council held the first reading of the annexation ordinance on
September 7, 1993 and the ordinance was published In t'ie Uwon Record Chronicle
on September 10, 1993.
PROGRAMS. DEPARTMENTS OR GROUPS AFFE-CMD.
All city service departments; including Utilities, Engineering, Planning and
Development, Fire, Police, Solid Waste, Environmental Health, NAd.
and Library. Agodalle ~ 9
,L~ < a~
FISCAL IMPACT:
The annexation and ultimate development of this tract will expand the city~s tax
base.
*Respeclly bmittell
City Manager
Prepared by:
P.~ ~Cw-
Harry N, Persaud, A1CP
Senior Planner
Appr ved,
Frank H. Robbins, AI
Executive Director for
Planning and Development
Attachment #1: Ordinance
Attachment #2: P & Z report and minutes
Page 2
r
JI\kPDOCS\oRD\RYAN.O Q D
,gaidaNo_ __.i.:.~••----
Agegdaffe
ATTACHMENT 1 D31b-z
ORDINANCE N0- _ ~f
AH ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING 23.25 ACRES OF
LAND LOCATED ALONG FORRESTRIDGE DRIVE AND NORTH OF RYAN ROADI
A SERvICE PLAN FOR FAMILYI(SF 6) ZONING DISTRICT E CLASSIFICATION ANDAUSEODESIGNATION ANNEXED PROPERTY; FOR THE ANNEXED PROPERTY) AND DECLARING AN EFFECTIVE
DATE,
WHEREAS, the owners of the property have petitioned the City
of Denton for the annexation of the property described herein) and
rs on
WHEREAS, publio hearings were hold
{both de Council Chambeafter
August 3, 1993, and August 17, 1993, before the date of institution
the h th day but beforo the 20th day
of the proceedings) to allow all interested persons to state their
views and present evidence bearing upon this annexation) and
WHEREAS, annexation proceedings were instituted for the
property described heroin by the introduction of this ordinance at
a meeting of the City Colincil on September 7, 19931 and
WHEREAS, this ordinance has been pu lisneon nafull one time in
the official newspaper of the City of De ,
proceedings were uinstituted and yy CityaChatter) NOW$ THEREFORE$
taking final a action$ as
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI
That the tract of land described in exhibit "A",
City ated by reference, is annexed to the
c mast Texasncorpor
That the serve plan attached as Exhibit extens BN and
incorporate t~e~d by reference, which provides for the ion of
is approved as part of
municipal services to the annexed property,
this ordinance.
aFr.TiON Iti, That the property annexed is permanently zoned
for singl mily (SF"16) Zoning district classification and use
designation under the comprehensive zoning ordinance of the City of
Denton, Toxas.
That tho City's official toning map is amended to
show the zoning district classification of the property annexed.
at Tom, Should any part of this ordinance be held illeggal
for any reason, the holding shall not offect the
l hereby declares it to bs its
of this ordinance and the City Counti
ir-i exy+rcy
Agenda No _-j "o 01o-_
ApdaIWL_ie' t
Data
___!.?~Jq
purpose to annex to the City of Denton all the real pro
dY
described in Exhibit "A" regardless of whether any other park of
the described property is hereby effectively annexed to the city.
It any part of the real property annexed is already included within
the city limits of the City of Denton or within the limits of any
other oft y, town or village, or is not within the City of Denton's
jurisdiction to annex, the same is hereby excluded from the
territory annexed as fully as It the excluded area were expressly
described in this ordinance.
SECT M yi, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2000.00, Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VII. 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
1943.
SOB CASTLEBERR , OR
! ATTESTi
JENNIFER WALTERS, CITY SECRETARY
i
C
BYl
APPROVED AS TO LEGAL FORMS
DEBRA A, DRAYOVITCN, CITY ATTORNEY
/
PAGE 2
l
Y
EXHIBIT n ApeadaNo 93~D~/o
Age^tlaIIei~
ESTATE OF FORRESTRIDGE, SECTION III Date
_1Q~L ~
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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, Inc. recorded in
Volume 1115, Page 2110 Deed Records, Denton County, Texas
and being further described as follows:
BEGINNING at a 1/2" iron rod found for corner, said corner
being the Southwest corner of Lot 16, Block A of Estates of
Forrestridge, Section i, an addition to the City of Denton,
Denton County, Texas, according to the plat recorded in
Cabinet I, Page 151f Plat Records Denton County, Texasl
THENCE South 85 degrees, 32 minutes, 05 seconds East, along
the South line of Block A of said addition, a distance of
1,332.10 feet to a 1/2" iron rod found for cornea said
corner being the Southeast corner of Lot 7, Block C of said
additions
THENCE South 00 degrees, 37 minutes, 33 seconds West, along
a fence for a part of the distance, a distance of 721.51 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 1,315.61 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 publio roadway, said point being the Southwest corner
of said Lodge Construction Company tracts
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 BEOINNINC and containing 23.25
Acres or 1,012,770 Square Feet of Land, more or less.
r,
7
Age aNob~t`B"
SEaz- Dile-M. _ l 7
Annexation Number. A-62
Amgge annexed: 2325 Acres
Noah of Ryan Road on Fonutridge Drive
Location:
A. Yol i~ e~
Patrolling, response to calls, and other routine
1.
services
annexatins provided Using xistingffpersonnelte
the and
equipment. area the same
2. Upon ultimate services will beeprovided to this
level of police
area as are furnished to comparable areas within
the City.
do and Em ra n v Medical Se wi-o 61
g, i e
1. Fire protection and emergency medical services by
the present personnel and present equipment, within
the limitations of available water banprovidedces
from existing fire stations, will
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
the City. furnished to
comarable provided areas within area as
C.~ iu-nFn~•atAr services
Water and wastewater services will be extended to the
plan
and psection 34-118 of the Denton city's of ordinances.
Developers shall pay the actual cost of all water and
sewer main extensions, lift stations and other necessary
facilities required to serve accordance with the City's master their utility development the
A
r
Subdivision and Land Development Regulationste~ndaNo!~!Lj2iL-
The City may participate in the cost to ove $a_i~i e water-/d)
and sewer mains subject to fund availability M.-approva99
of the City Council.
Where water or sewer main extensions, lift stations, D
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 frequency,
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 vn 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 facilities,
construction of curb cuts and gutters, and other
such major improvements, as the need therefore is
determined by the City Council or Manager, will be
accomplished under the established policies of the
City.
4. Traffic signals, signage and other traffic Control
devices will be installed as the need there;or is
2
3
L
x
r
t
ndaNo _
established by appropriate study a~( t ~ rai-en
standards.3 dallem-~_- s A_
Oa'e /oi ~CY-3 /
5. Street and road lighting will be instalfe-&-N/`t a
substantially developed areas in accordance with Q
the established policies of the City.
F. Environmental Health and Code Enforcement Services
1. Enforcement of the City's environmental health
ordinances and regulations including, but not
limited to the grass and weed ordinance, garbage
and trash ordinance, junked vehicle ordinance, sign
ordinance, food handler ordinance, animal control
ordinance, and the tree preservation ordinance
shall be provided within this area on the effective
date of the annexation. These ordinances and
regulations will be enforced through the use of
existing personnel.
2. Building, plumbing, electrical, gas, and all other
construction codes, as may be adopted by the City,
will be enforced within this area beginning with
the effective date of the annexation. Fxisting
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.
S. 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.
G, Plo nning and Development Soren ces
The zoning jurisdiction of the City will extend to the
annexed area on the effective date of annexation. Single
3
4
Family (SF-16) zoning classification is antic1p4@Aa%DF ~O
this tract. Aprd2ltem Date A)"A
1. Parks and Recreation Serviced 9
Residents of the newly annexed area may use all recreation
facilities, including parks and swimming pools throughout
the City, on the effective date of the annexation. The
same standards and policies now used within the City will
be followed in the maintenance of parks, playgrounds and
swimming pools.
J. Electrical Distribution
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 Improvements Program (CIP)
The CIP of the city is prioritized by such policy guidelines
ass
1. Demand for services as compared to other areas will be
based on characteristics of topography, land utilization,
population density, magnitude of problems as related to
comparable areas, established technical standards and
professional studies.
2. The overall cost-effectiveness of providing a specific
facility or service.
The annexed area will be considered for CIP improvements in
the upcoming CIP plan. The annexation area will be considered
according to the same established criteria as all other areas
of the City.
4
r
4
ATTACHMENT 2 teedaNo 93 -Da
Agenda' /4-
'
PLANNING AND ZONING COMMISSION REE~T 14 To= Mayor and Members of the City Council
Case No.: Z-93-019 Meeting Dates October 19, 1993
GENERAL INFORMATION
Applicant: Dal-Tech Engineering, Inc.
11020 Audelia Rd.
Dallas, Texas 75234
Current Owner: Lodge Construction Co., Inc.
25303 Dallas Parkway, Ste. 1310
Dallas, Texas 75248
Requested Action: Zone to a single-family (SF-16) district, with
annexation into the City.
Location and Size: 23.2520 acres (proposed as 43 lots) of
undeveloped land located north of, and
abutting, Ryan Road. Situated at the south
end of the present Forrestridge Drive.
surrounding Land Use and Zoning:
North - Single family use, on SF-16 zoned land.
South - Sparse residential use across the right-of-way of Ryan
Road, in the extraterritorial jurisdiction.
East - Sparse residential use, in the extraterritorial
jurisdiction.
West - Undeveloped land, in the extraterritorial jurisdic-
tion.
Denton Development Plan:
Low intensity areas Nos. 82 and 93. (Attachment 2:
4 pages.)
u
Agenda N _
Case No. 2-93-019 Agendafte
October 19, 1993 Date-
Page 2
SPECIAL INFORMATION
Transportations
Forrestridge Drive is a collector street. 60 feet of right-of-way
with a minimum paving width of 41 feet is required. Ryan Road is
designated as a 4-lane divided secondary arterial street. Denton
County bond funds will pay for the repaving of the current 2-lane
roadway; future widening may be at City expense. No driveway
access will be allowed onto Forrestridge Drive or Ryan Road.
sidewalks will be required on both sides of Forrestridge Drive,
other residential streets, and on the north side of Ryan Road.
utilitiess
A 12-inch water line and a 16-inch water line will provide
sufficient service for the proposed development. The lines
(required along the extension of Forrestridge Drive, and along the
Ryan Road frontage) are proposed, and the City may participate in
the oversizing costs.
An existing 8-inch sewer line, located on the site, will provide
service.
Underground electric service is available from existing circuits.
Fire hydrants will be provided at 600 feet (maximum) spacing.
Drainages
off-site drainage to the west will be addressed by the City with
the reconstruction of Ryan Road. To the east it will be handled by
the applicant. Funds were provided by the applicant for certain
off-site drainage improvements during Section 1 development.
Parks:
The voluntary park donation policy applies. The applicant declined
to dedicate park land, so staff will be requesting a voluntary fee
of one-quarter of 14 of the estimated construction costs, when
builders apply for building permits. No builders in Phase 1 of the
Estates of Forrestridge donated fees.
8
e
7
Agenda No
Case No. 2-93-019 AgWaltem ~
October 19, 1993 Date
Page 3
HISTORY
Because this tract is currently in the process of being annexed
into the City this is the first zoning activity.
ANALYSIS
Adjacent development within the city limits is entirely residen-
tial. The proposal is for more of tKe same.
The proposed development will use less than its proportionate share
of intensity trips. It is in two intensity areas (82 and 83) which
are 80% and 82% allocated. There are, within the two study areas,
15,783 unallocated intensity trips (8,664 and 7,119, respectively).
The intensity trip allocation to this site is 1,395.12 (23.2520 x
60). The actual proposal will use 965.12 fewer trips than its
allocation, by virtue of using 430 intensity trips (43 lots x 10
trips).
RECOMMENDATION
Planning and zoning Commission recommends approval, (7-0).
ALTERNATIVES
1. Approve petition.
2. Approve petition with conditions.
3. Deny petition.
4. Postpone.
I
i
i l
~ ~gendaNo
4~endaVtem
Case No. Z-93-019 Oete
October 190 1993
Page 4
ATTACMUNTS
1. Location Map.
2. Data for Intensity Areas 82 and 83.
3. Preliminary plat.
4. P&Z minutes.
AXXD%4T
a
ATTACHMENT 1 Agenda No. 9„ -O ~D
Forrest Ridge'. • To Pbz Report AAentlaftem
Dace NORTH
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Location Map
Date: 7/12/93 Scale: None
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ATTACHMENT 2
To P&Z Report 8118 705.39 ACA88 ~1I
INJINSITV ARIA 82
- ,e in No '
80tlNDAAY 08sC81PTi0N FA~e lefrl 25 .l ~~!II
East: PM 2181 /S a7
West: ratcestrldge and extended south to Ryan Road ;,fill
Horth% Hobson Lane
souths Ryan Road ;,ll}I
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNINOAND DEVELOPMENT DEPARTMENT
CITY OF DENTON
---------------------------------------------------"doe-_-~ =9f
lntensi area I: 82 T Low Intern tri yep i 60
Traffic rryuney zones: 65998A 6599 geRQaIIERJ
Boundary Description: North: Hobson Dr. X18 fQ /
South: Ryea Rd.
Date: 05/07/92 East: FM 2181
West: Fortestridge to Ryan Rd.
LANDUSE EXISTINGLANDUSE CURRENT'ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INNTENSITY ACRES UNITS INTENSITY
SF-16 < 192 206.76 1920 3834 7763 0 0 0
SF-10>16 1 0.28 10 31,64 949.2 0 0 0
SF-7>10 2 0.37 20 0 0 0 0 0
LESS SF-7 44 1033 440 0 0 0 0 0
MOB.HOMES 328 64.7 3280 0 0 0 0 0
DUPLEX 0 0 0 0 0 14 62 62 620
MF-R 0 0 0 N 0 0 0 0
MF-ldr2 0 0 0 0 0 0 0 0
COM/RET 0 0 0 10.92 7098 0 0 0
OFFICE 0 0 0 0 0 0 0 0
INDUSTRY 0 0 0 0 0 0 0 0
INSTINAL 0 22.45 190815 0 0 0 0 0
PARKS 0 0 0 0 0 0 0 0
R/OISPACE 0 0 0 0 0 0 0 0
TRANSPORT. 0 25.99 0 0 0 0 0 0
AGRIC, 0 0 0 20028 0 0 0 0
VACANT 0 374.86 0 73.56 3 0 0 0
TOTAL S67 706.94 7518 360.24 8824 14.62 62 620
INTENSITY CALCULATIONS
1 Intensity area total trips 706.94 times 60 42416
2 Trips allocated to existing land use 1578
3 Trips allocated to current toning Incl. P Ds Vaant areas 9444
4 Trips allocated to vaunt lands not toned plus Agric. zoning 16730
S Estimated unallocated intensity trip$ 1 minus 2 + 3 + 4 8664
6 Percentage cr intensity nips aifocaled 80
it
INTINNITY ARIA • 63 eI:• 659.16 ACRIe
BOUNDARY DIe0RIMON
i
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Easti Forrestctdge and extended south to RyanIgROW,
nests us 377 and Santa to Railroad Agendalle
Nocthi Hobson Lane Date
South: Ryan Road
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0 1000 2000
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
-
Intensity area 0; 83 Type: Low Intensity trigl~wda No
Traffic surrey tones: 6598 6650
Boundary Description: North: Hobson Rd. A06fidallarn-A
South: Ryan Rd. Date
Date: 0501x92 Eaal: Forrestridge to Ryan Rd.
West: US 371 and Santa Fe Railroad
-
LAND USE EXISTING LAND USE CURRENT ZONINO PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY
SF-16 < 182 112.62 1820 24.34 486.8 0 0 0
SF-10> 16 14 5111 140 0 0 44 132 1320
SF-7>10 0 0 0 0 0 0 0 0
LESS SF-7 0 0 0 0 0 61 4) 430
MOB.HOMES 0 0 0 0 0 14.65 12S 1250
DUPLEX 0 0 0 0 0 0 0 0
MF-R 0 0 0 0 0 29.54 357 2856
MF-1R2 S2 4.86 416 0 0 0 0 0
COM/RET 0 1.4 910 0 0 0 0 0
OFFICE 0 0 0 0 0 0 0 0
INDUSTRY 0 10.26 1077.3 4.79 502.95 0 0 0
INSTI'NAL 0 0 0 0 0 0 0 0
PARKS 0 0 0 0 0 0 0 0
Rn01SPACE 0 0 0 0 0 0 0 0
TRANSPORT. 0 41.39 0 0 0 0 0 0
AGRIC. 0 0 0 141.34 0 0 0 0
VACANT 0 479.31 0 214.15 0 0 0 0
TOTAL 248 660.y5 4363 384.62 990 94.69 657 5856
INTENSITY CALCULATIONS
1 Inleasity area total trips 660,95 times 60 39657
2 Trips allocated to cdstinsland use 4363
3 Trips alloated io cunent toning iwL P Ds Vaanl areas 6846
4 Trips allocated to vacant lands not toned plus Agrk. zoning 21329
5 Estimated unaUoated Intensity trips 1 minus 2 + 3 + 4 7119
6 Percentage of intensity trips allocated 82
ATTACHMENT 3 agerfdaNo `o
To P&Z Report Ageadafte~~A
P-92.003 Estates of Forrestrtdge Date 1P , NORTH
tip -
' JI ~ i ~ 11 1 i ~ ~ ~ ''~f 1!'i • I ' • ' ,
~N is i~'i 117' RRt37 CR. •L 7~. •
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bwrwl•i.Jr, l it 171' 1' / 1.:
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PRELIMINARY PLAT
OF 67.928 ACRES
ESTATES OF FORRESTRIDOE SECTIONS 1. 11 k III
Met 4/16/92 Scala NONE
I
ATTACHMENT 4 Aceoa3 No -`-3 J
Planning and Zoning Commission Agenda!lern--ZI L ~el-
Minutes Dare
August 25, 1993 , 0
The regular meeting of the Planning and Zoning Commission of the
City of Denton was held Wednesday, August 251 19930 in the Council
Chambers of City Nall, 215 E. McKinney Street.
PRESENT FROM PiZS Chairman Engelbrecht, Mike Cochran, Katie
Flemming, Richard Cooper, Mary Evelyn Huey,
Dick Norton, Barbara Russell.
ABSENT FROM P&ZS None
PRESENT FROM STAFFS Frank Robbins, Executive Director of Planning
and Development) Owen Yost, Urban Planner;
Mike Bucek, Assistant City Attorney) David
Salmon, Assistant City Fugineer; Gerald
Cosgrove, Engineering Administrator,
Water/Wastewater; Cindy Cranford, Secretary,
Chairman Engelbrecht called the meeting to order at 5:05 p.m.
I, The Commission adjourned into executive session at 5S1o p.m.
Chairman Engelbrecht called the regular session to order at
1. Consider a recommendation to the City Council concerning the
acquisition of property for the City's landfill.
Dr. Huey moved to recommend the approval of acquisition of
land for the landfill, Mr. Cochran seconded and the motion
passed unanimously (7-0)
11, Consider approval of the minutes of the regular meeting of
August 11, 1993.
Dr. Huey moved to approve the minutes of August 11, 1993. Ms.
Russell seconded and the motion carried unanimously (7-0)
III, Hold a public hearing on the proposed annexation of 23.25
II,
acres located north of, and abutting, Ryan Road on
Forrestridge Drive and consider making a recommendation to the
City Council.
STAFF REPORTS given by Frank Robbins
Mr. Robbins reported that the Council adopted an annexation
schedule setting the date, time and place regarding 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. The proposed annexation was initiated
Planning i Zoning yerroaNO
Minutes of Aug. 25, 1993 ;gertlaktem ',,t{{ -
Page 2
/ a<7
by the owners in order to facilitate provision of ton
services and utilities. The application for SF16 zoning is
being concurrently processed with the annexation. Two public
hearings have been held before the Council and no one has
spoken in opposition,
PETITIOHERI Not present
IN FAVORi None
IN OPPOSITIONS Robert Heilig, 809 Ryan Road, Denton, Texas.
Mr. Heilig explained that his property abuts the property that
is to be annexed. He reported that storm drains were
installed with the last portion of the property that was
annexed, but when they got to the unannexed portion of the
drainagedwasecausing drainage a
land flows . onberm to his was labuilt nd. ne Ne t$ his-property
problem because the tract of land in question tannexather than
his land. He said he was not opposed
was concerned about the drainage and would like to have
something done.
Mr. Robbins said he appreciated the concern. He explained
that more could be done if the area in question were in the
City limits. He said he thought the issue could be dealt with
in the platti% process.
David Salmon said the existing storm drain would be extended
down Ryan Road.
Dr, Huey asked about the berm.
Mr. Heilig said twenty feet of trees were cut for a drainage
hold the
ditch
said there were nsoby his me places where water pstands.
water. and
Mike Cochran asked Mr. Salmon if it was in the plans to take
care of the problem.
Mr. Salmon said there would be some underground drainage
sstems. would have H more detail ase to the pcorrecti n of these problems.
The owners are aware of the problem and have been told that it
needs to be fixed.
Mr, Engelbrecht asked staff The plating proces s should take
informed the plans plena and the progress.
care of the issue.
Age903Na ~1. ~`12_f
~;adalip~~f;C
Planning i Zoning A L ,
Minutes of Aug. 25, 1993
Page 3 7
PETITIONER: Buddy Roberts, 11020 Audelia Dr. suite C2200
Dallas, Texas
Mr. Roberts said he was an engineer for Dal-Tech. Mr. Roberts
explained that the zoning request was to continue the same
type of development as in the Forrestridge area. He explained
the drainage has been an issue from the beginning. He pointed
out and explained the drainage. He said the water could not
be drained over a hill and the difference in elevation was 16
feet. The owner asked one of the neighbors next to the
property if they could drain across his property. The owner
of the piece of property declined. There would only have been
a small amount of water, but because the neighbor would not
cooperate they had to drain the other direction. He explained
that they are being told that the drainage was going to have
to be discharged down to the creek. He said the engineer!ng
plans that were being drawn would hopefully take care of the
drainage. The developer is willing to do all he can and we
will work with the City and the County to fix the problem, and
help with the erosion.
RECOMMENDATION: Staff recommended approval of A-62.
Public hearing was closed.
Mr. Cochran moved to recommend approval of A-62. Mr. Cooper
seconded and the motion passed unanimously (7-0).
IV. Hold a public hearing to c.,nsider zoning 23.2520 acres to a
single family (sr-16) zoning district, located north of, and
abutting, Ryan Road, The tract, known as the Estates of
Forrestridge, Phase 11, is situated at the south end of the
Forrestridge Drive in Denton's Extraterritorial Jurisdiction.
i
Staff Report: given by Owen Yost
Mr. Yost explained that the zoning request was for the same
piece of land as the annexation. lie said 25 owners were
notified and two replies were received in favor. The request
was for 23.2520 acres (Proposed as 43 lots) of undeveloped
land located north of, and abutting, Ryan Road: situated at
the south end of the present Forrestridge Drive. The tract is
located in low intensity areas. Forrestridge is a collector
street. 60 feet of Right-of-Way with a minimum paving width
of 41 feet is required. Ryan Road will be expanded to a 4-
lane divided secondary arterial street. Denton County funds
will pay for the repaving. No driveway access will be allowed
onto Forrestridge Drive or Ryan Road (from the north),
utilities are adequate for the proposed development. The
Agenda No
Planning 6 Zoning Av%laltem _Jgj ~
Minutes of Aug. 25,1993 Date
Page 4 ~ ✓ O a
voluntary park donation policy applies. The applicant
declined to dedicate park land, so staff will be requesting a
voluntary fee of one-quarter of it of the estimated
construction costs, when builders apply for building permits.
The adjacent development within the City limits is entirely
residential. The proposal is for more of the same. The
proposed development will use less than its proportionate
share of intensity trips. It is in two intensity areas (82
and 83) which are Sot and 821 allocated.
The preliminary plat was approved in 1992.
Ms. Russell asked if there would be driveway access on Ryan
Road.
Mr. Yost said no, there would not be.
Ms. Russell said it looked like Forrestridge should flow onto
Ryan Road.
Mr. Yost said it would be in compliance with the master
thoroughfare plan. Engineering and utility issues would be
addressed in the platting process.
PETITIONER: Buddy Roberts, 11020 Audelia Road, Dallas, Texas.
Mr. Roberts said they would like to ask for a favorable
recommendation. He said the engineering plans should be ready
in about two weeks. He said they would try to work out thb
difficult drainage problems.
Dr. Huey asked for clarification on the section in the City
limits where the drainage pipe was put in. She also asked if
the trees were cut to the south.
Mr. Roberts explained that the trees were cut to aid the
drainage as a temporary solution to get the water down to the
creek. The water actually flowed across the neighbor's
property naturally, but the neighbor would not give
permission to drain across their property.
Dr. Huey asked why the pipe was not put in all the way.
Mr. Roberts said the developer did not want to spend any more
at that time than he had to. It was purely a matter of
economics. The pipe will be put in now with this phase of the
development.
IN FAVOR: none
r Y
if
i
qunEaNo.
vic1E21tBm
Planning 5 Zoning
Minutes of Aug. 25,1993
Page 5
IN OPPOSITION: Robert Heilig, 809 Ryan Road, Denton, Texas.
Mr. Heilig asked why get the easement was not used to hook up to
the existing on El Paseo.
Mr. Bucek said he wanted everyono to not lose sight that the
ihendisthesueslthaesstihave issue ught up are not
c&s
theeissue c bung.
REBUTTAL: None
RECOMMENDATION: Staff recommended approval of 2-9'3-019.
Public hearing was closed.
No further staff comments sell moved
end Norton sseconded andttheemotion carried nanim usly 0(7-0).Mr.
V. Work Session:
New zoning ordinance.
Frank Robbins q th&t the tpe C uose of the work
m ghtehave.
was to answer any ny cN
' The Commissioners discussed she zoning ordinance with special
atntion to the MXD zoning, They anblyzed the 911 case and
the buffer yards, and the ccr.4t that could be involved with the
buffer yards.
VI. Director's Report
Mr. Robbins said his oily report was discussed in the work
session.
VII.Future Agenda Items.
Future agenda items were included in the packet backup.
Meeting' adjourned at 7:30 p.m.
S•
=CITY
COUNCI
~oaaa ~
t s
s
•
AW*
DATE: October 19, 1993
aQllldll
ado
CITY COUNCIL REPORT A4~
!a
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Hold a public hearing to consider amending an approved
detailed plan of Planned Development #141.
RECOMMENDATION:
P62 recommends approval.
SUMKAR .
See attached report.
BACKGROUNDS
See attached report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Property owner.
FISCAL IMPACT:
None.
Respect lly submitted:
Prepared by: Llo d V. Harrell
City Manager
G. Owen Yost
Urban Planner
Approved:
Frank H. Ro ins AICP
Executive Director
Planning and Development
AXX00481
AovdaNo ,eS
Agandaile
PLANNING 6 ZONING COMMISSION REPOR7jai8
Tot Mayor and members of the City Council
Case No.s Z-93-025 Meeting Dates Oct. 19, 1993
GENERAL INFORMATION
Applicants Mayse & Associates Architects, Inc.
14650 Quorum Drive
Suite 201
Dallas, TX 15240
Currant Owners Weathertrol Supply Co.
C/o Rick Salazar
P.O. Drawer W
Denton, TX 76202
Requested Aotions Amend an approved detailed plan of
Planned Development No. 141 to allow
future expansion of an existing
distributorship.
Location and Bizet The approximately 16.5 acre site is
located on the south side of University
Drive (Hwy. 380) east of Old North Road.
Surrounding Land Use and Zonings
North - The right-of-way of University Dr., across
from which is commercial land use in C zoning
South - Single-family residential land use, in Planned
Development (PD-64) zoning
East - Residential land use in A zoning
West - Sparse residential land use in A zoning
Denton Development Plans
Low Intensity area number 47
Case No. Z-93-025 AaaR081t8m, 1sr~
October 191 1993 ~Le__.I.P_J
Page 2
SkECIAL INFORMATION
Transportations
U:o.il Phase III is final platted, all access will be via
the existing service road directly south of University
Drive. At that time, access to Old North Road (sometimes
referred to as "Mockingbird Lane") will be required, as
will paving improvements to old North Road, dedication of
right-of-way, and construction of approximate3y 200 ft.
of sidewalk. No sidewalk will be required along
University Drive.
Utilitiess
Existing utilities are adequate to serve the proposed
amendment. A private fire line and hydrant are proposed
to be public, and contained within a 16 ft. easement.
The fire line is aligned so as not to conflict with the
driveway.
Drainages
The entire floodway is required to be dedicated as a
drainage easement during the final platting of Phases II
and III.
The amendment proposes new no development in the
floodway/floodplain, so current drainage patterns will
not be adversely affected.
Landscaping:
The landscape plan proposes no change in the landscape
design from that approved on May 21, 1991, and is
therefore acceptable.
HISTORY
The tract was included in the agricultural ("A") zoning
district via the initial zoning of the City. On May 210 1991,
the City Council approved a two-sheet detailed plan and placed
the tract in a Planned Development zoning district (PD-141).
Consequently, Phase I was final platted as Lot 1 (3.7156
acres) on September 16, 1991. The remainder of the tract
remains in a preliminary plat status.
dr SSA it y
fb A
i
PLANT SCHEDULE C1 G LO`rG Minimum r
Key Botanical hae„ Common Nor* 4u+ntity i:e ht. rgad Remarks
TAM $
uercus shumardii Red Oak 18 2 112" cal, , 10' x 6' Straight trunk c uous or R.B.
wws crassifolia Cedar Elm zG 3" cal. 10' x 6' Straight tr continuous or R.B. I
Ilex ldua Possomhaw 14 61•8' Hgt. 3'•4' Multi- kv 069
w
G ADelia Grandi Abelia 550 5 Gal. 18' x 24" 2ulloplants container grown, plant
l ucophyllum Frutesu Texas Sege 05 80 5 Gal, 18" x Full plant, container grown, plant 24" o.c.
Hesperalos Pokiflora Re cca ,55v 5 Gal, 1 24" Fullplant, container grown, plant
VINES
Parthenoccissus St+ked, full Qlants,
Ouiquefotta Virginia Creeper 1 Gal. Min, three 30 runners.
Gelsemium Sempervirens Carolina Josamine 1 Gal. Staked full plants,
min. five runnerr
4' length. Mire to
GROUND COYER wall.
IL 5 4" Full plant, foliage to cover top i
( Liriope Spicata Creeping pe 156 of container; plant 12 o.c.
s w
Juniperlis conferta Blue ific Juniper 3&,25 1 Gal. Full plant, foliage to cover top of container; plant 12" o.c. y
L -
Such lode Dactyloid Buffalo Grass 5800cp ' 61 Seed
M~d Y
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~4 ~ X11 •wrv 1.y'~ ~r~ ~nt~u><t uN~ PD 16 Z O I LL
J ti 9paw 1N R e) - µJ rr- t titiv M1lai- pwzaY d I xee l t' r L Y
Amendmcrlf
o 'W*9 0M) 1NM I0,VA14Y ru l:eavM r ¢e-W- MacxllAeW, \ 1 ~DUR44r~
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PLOT SCHEDULE • L07 f1
QUAwl-Ty SPECIES SIZE COMMBNls
f 0 ~ m
Q Afghan Pine : Plnus Eldorica 2"Col. 54b 1 I, S 4 3
Shurnorci Ook : Qucrcus t" Cal. ata _ l sf%rs tq _
Pecan: Carya llhnoisensss 2"Cal B46 --r @ s -fir ~.d r 1
i V
~ Radbud,MeXicarr. Ctrcis 5'-bi Nursc,l) ~ ' I ~ ~ ern r~ ~°~1t0
6 Conodcnsis (MLx+cano) Ta Grown I 0
C) f3urfardHoll3, Iltx burforai seal. ~ ' ~C~
258 Carissa 1.1o11y , ~k" Gtim o.. g Gak, Z' ox" 24500 s{. Ruffolo Grass, Buci loe Ny8rorn0ci of IRE
.
YA~ ~ t, , ~ 1
Dgc~yloibts (ProulB) YZ}o q Ib.p6r ION ( V 1. loop S'f' { 00olJ~ ,
'4roriiYarill~ I Oil
0 r,+r
Swtra4yum r Lj,g %aaMba 2~' Cal• 54% Q~ ^I~• F-I f ' rw m b .
n Q ~a a~ 1 ~ i, ~
Streei Yord + 8,500 SIA. ~b' I Or nlc4' i WAr
Ra,qulradSA'rezAXord Landscaping 1100sgNk ! i
~990s , 1 i z a b..
Pr0v'Id2d 4.(54%) Londscapting 9
31 ro'>"~r~~ Air ? , i
Rtquwe-a 5}rea.E~rezs } u~l,~r.m.r i ;
Provtid2~ S1reek'tre.es 5 ~s•,/ ~ r t ■
1 e)F\ Ry
I goon !G-Fl. G
I I i~LR\II 1 ~ I J L v I 1 U l L'LlJ 111 VU /l11/ I S/ F 1 LJ\I1 Rl K 11l W II •I~IJ_ \l i_1 1~
T 1 "i-tea aa •a vv.. ~r ,s v f 1 .1
l I , P` 1 I ~P a e3U
_ ~ ,y 14,00 iq, I I/ /IS 0 Sq.EI 1 1 i a ♦t+'L $t
"a, a fr .1 fd ",,4e~9 `p OPT ~ txt)6'C t r t
I/ Stree ' t configuration f plustfetop
improveMents.~~ ~r j ~t.~,yhy, ti' 'err b flfr r ~y:'1
B'~OMH, r {
~ Nor Current atrAet,s are 2,Lane: dnaivldO"r epha~ .;r`~, ' J
rhasLIt i 1 f
Ear>r 6e~~ rf, apoori i BLDG, LINE i All sigag' a fall be in cgnformdnL~W.tivit ~ A ti¢
Af. reguiat,ions',1 bl-zoning ordinencA'~, rp
p.1 rl /I
E R m~ Y~Q~NE ~~~1~ '1y T~rr_
a l\1 Landscaping shall', eorfform to that s ow on tho` plYn o 1,.'r a
plant sChedul
~I f` r r ` 1 t
wY! 1- 1 t i + _Ir
~riiY~rl~~V V
1177 I
ck F,M, 2181 JEASLEY LAN J ~
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Amendment Boundary
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case No. Z-93-925 Agodailem
October 19, 1993
Page 3 ib e. ~J 1 y
ANALYeIB
The proposed addition will increase the intensity trip
allocation status of Intensity Area 47 only slightly. There
will there be no changed effect on other Denton Development
Plan (DDP) policies from the 1991 zoning review of the same
tract.
The proposed expansion is approximately 10,500 sq. ft.,
resulting in an increase to 124,600 sq. ft. from 114,100 sq.
ft. for the structure.
The plan makes use of an existing buffer of thick trees,
approximately 150 feet in width at its narrowest, between the
warehouse and the houses to the south. From the proposed
Weathertrol structure to the nearest home on the south, is
approximately 350 ft.
RECONNENDATION
The commission recommends approval of Z-93-025.
ALTERNATIVES
1. Approve petition.
2. Approve petition with conditions.
3. Deny petition.
4. Postpone.
ATTACNMENTA
1. Location Map.
2. Existing detailed plan.
3. Amended (proposed) detailed plan.
4. Final plat of Lot 1.
AXX004TD
I
ATTACHMENT 1
Z•93.025 Weathcrtrol 0s 1-3 NORTH
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Dale: 9/6/99 Scales None
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ATTACHMENT 2 gendaNa
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Z•91-005 Weathertro! ~gen~aue
NORTH
Il
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IN
Detailed Plan
Date: 916/93 Scale, None
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ATTACHMENT 3 1 ~'7iile?
Z-93.025 Weathertrol NORTH
I
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fill IIi; 11111
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110 1
Amended Detailed Plan
Dale., 9/6/93 Scale; None
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ATTACHMENT 4~~ da~~0
P-91.012 Weathertrol i~ NORTH
D
i N00 . Rte,D
MI6,. ` ROa0
pCIFIC RpIO POB fIt-
Q (Y ~ SPOKEN CONC. MON. pb'Y ~O
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Final Plat
bate: 10/1/93 Scale: None
i
1~LrCaltem s
Planning and Zoning Commission
Minutes /a
September 22, 1993
The regular meeting of the Planning and Zoning Commission of the
City of Denton was held Wednesday, September 22, 1993, in the
Council Chambers of City Hall, 215 E. McKinney.
PRESENT FROM P&Z: Chairman Engelbrecht, Mike Cochran, Katie
Flemming, Mary Evelyn Huey, Dick Norton,
ABSENT FROM P&Zt Barbara Russell.
PRESENT FROM STAFF; Frank Robbins, Executive Director of Planning
and Development] Owen Yost, Urban Planner;
Mike Bucek, Assistant City Attorney; David
salmon, Assistant City Engineer; Gerald
Cosgrove, Engineering Administrator for
Water/Wastewater] Cindy Cranford, Secretary.
Chairman Engelbrecht called the meeting to order at 5:10 p,m,
1. Executive Session: Discuss acquisition of property for the
City's landfill.
The Commission went into executive session at 5112 p,m.
The regular meeting of the Planning and Zoning Commission was
held immediately following the executive session,
1. Consider a recommendation to the City Council concerning the
acquisition of property for the City's landfill.
Dr. Huey moved to recommend the purchase of 3 parcels of land.
Cochran seconded and the motion carried unanimously 6-0,
IT, Consider approval of the winutes of the regular meeting of
September 8, 1993.
Dr, Huey moved to approve the minutes of September 8, 1993 as
submitted, Mr Cooper seconded and tht, motion carried
unanimously (6-0).
III, Hold a public hearing and consider amending the detailed plan
of Planned Development No. 1414 The 16,5 acre tract of land
is located on the south side of University Drive (Highway 380)
east of Old North Road.
STAFF REPORTt by Owen Yost
Mr, Yost reported that the current owner was Weathertrol.
They requested an amendment to an approved detailed plan of
Planned Development No. 141 to allow for future expansion of
I~
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Wlndaitem
Planning and Zoning commission /O
Minutes for September 22, 1993
Page 2
4y
the existing distributorship. The site is located in a low
intensity area. Until Phase III is final platted, all access
would be via the existing service road directly south of
University Drive. Thirty six people were notified, three
responses were received in favor and three in opposition.
All existing utilities are adequate. The entire floodway will
be dedicated as an easement during the final platting process.
No current drainage patterns will be adversely affected. The
landscape plan proposes no change in the landscape design from
the one approved on May 21, 1991. The addition to the
southwest is the primary difference between the request and
the existing plan.
Staff recommended approval of Z-93-025.
Dr. Huey asked about Phase two and three and asked if they
would mean further expansion.
Mr. Yost said it did not mean expansion at the present time.
Dr. Huey asked about the potential of moving the building
further south.
Mr. Robbins said they could not expand the building without
going through another process.
PETITIONERS Mike Mayes, Mayes and Associates, said he
would answer any questions the commissioners
had concerning the project.
Mr. Cochran asked what type of activity would be conducted.
Mr. Mayes said Weathertrol was a distributor.
Dr. Huey asked if the activities would change after the
expansion.
Mr. Mayeb said no, the expansion would only give them more
space.
Dr. Huey asked what side of the building would be expanded.
Mr. Mayes said the building would be expanded on the
Brandywine side.
Dr. Huey asked about the time span for Phase two and three.
Mr. Mayes said phase two would be built in 1995 and they were
not sure about phase three. He said if both phases were
r
+gend3 Na ~ 9,g,~_
aaoodalterrt,,_ ~
Planning and Zoning Commission Y3Ie _ fp/jy g
Minutes for September 22, 1993 Page 3 c~
approved and built they would add 10,500 sq. ft. to the
building. Mr. Mayes said they were moving the building 35 ft.
Mr. Cochran asked about truck access to that particular side,
Mr. Mayes said there would be a truck drive and a port added
with the completion of phase three.
Mr, Engelbrecht asked about the proposed entryway off
Mockingbird in phase three. He asked the purpose of that
entry.
Mr. Mayes said he thought the entry was required on the
original plans and could have been for fire purposes.
Mr. Cochran asked the approximate distance from the closest
corner of the single family district on Brandywine.
Mr. Mayes said it was 350 ft,
Dr, Huey asked it the foot print shown was for all phases,
She asked why it was being looked at now for the changes in
Phase two and three if they were not to be built until 1995.
Mr, Mayes said the owner wanted to start the preliminaries so
that he would have time for any changes if necessary or he
could adjust his time frame if necessary.
Mr. Cochran asked about the nature of the vegetation along the
creek.
Mr. Yost said the area is very thick and acts as a buffer
yard. The trees are taller than the building at the present
time,
Ms, Flemming asked if it would be better to add a story,
Mr. Mayes said not in a warehouse.
PRESENT TO SPEAK IN FAVORr None present
PRESENT TO SPEAK IN OPPOSSTiONs None present
The public hearing was closed.
RECOMMENDATSONi staff recommended approval of 2-93-025,
Mr. Cochran moved to recommend approval of 2-93-025, Mr,
Cooper seconded and the motion carried unanimously (6-0).
r
EiWPDOC9\ORDWEATNER ORD
ORDINANCE NO-
AN ORDINANCE OF THE CITY OF DENTON# TEXAS, AMENDING ORDINANCE NO.
91-075 TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR A PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR 16.5 ACRES OF WAND LOCATED ON THE SOUTH SIDE OF UNIVERSITY
DRIVE, EAST OF OLD NORTH ROAD; PROVIDING A SAVINGS CLAUSE; PRO-
VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 21, 1991, the City Council adopted ordinance
No. 91-075 approving a planned development zoning district class-
ification and use designation for 16.5 acres of land; and
WHEREAS, Mayse i Associates Architects, Inc., on behalf of
Weathertrol Supply Company, has applied for an amendment to the
detailed plan set forth in ordinance 91-075 and known as Planned
Development (PD) No. 1411 and
WHEREAS, on September 22, 19991 the Planning and Zoning Com-
mission, after a public hearing, recommended approval of the
requested changesf and
WHEREAS, the City council finds that the amended detailed plan
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI
aECTION,z, That Ordinance No. 91-075, providing approval of
a planned development zoning district classification and use
designation for 16.5 acres of land as described therein, is hereby
amended by approval of a revised detailed plan and revised land-
scape plan for Planned Development No. 141, as described in
Exhibit "A" which is attached hereto and incorporated herein by
reference. The property therein described shall be constructed,
used, and maintained in accordance with the approved detailed plan.
SECTION II. That the provisions of this ordinance as they
apply to the 16.5 acres shown in the detailed plan herein approved,
shall govern and control over any conflicting provision of Ordi-
nance No. 91-075, but all the provisions of Ordinance No. 91-075 as
they apply to that remaining portion of the district not herein
amended, shall continue in force and effect and shall apply to the
remainder of said district.
SE:TION Iii. That a copy of this ordinance shall be attached
to Ordinance No. 91-075, showing the amendment herein approved.
AECT14Z{_ly_L That any parson violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
a separate prvision of this
shall $20000.00, Each
distinct offense nancs is violated
constitute day that a
7,
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SECTIO V. That this ordinance shall become ellecti ~i6
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this c,rdinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1493.
BOB CASTLEBERRY, MAYOR
ATTESTI
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY I
C~1~4 Q f~iC
PAGE 2
a
EXHIBIT "Aj'loaNO
'Z-93.025 Weathertrol NORTH
,fM
iii , ; ' , ; 'i
Amended Detailed Plan
Dale: 9/6A3 3ctle: Noce
PAGE 1 OF '2
I,
i
roa'lem 5
Z-93-025 Weath
ertrol ~Y/z NORTH
eb 1111lNIIII 11 I° "°I1 , I
f , li!!'jl O'!iC'~~}~i I~'~'Iulu'j~Ab~~l°I~~•I
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7 1 ~ ~ I ~I 1
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Detailed Landscape Plan
Dale: 9/6/93 Scale: None
PAGE 2 OF 2
ECITY
COUNC]
6N
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No.
A$'
CITY COUNCIL REPORT FORMAT Oat9
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: NEW DETAILED PLAN FOR PD-134
RECOMMENDATION:
The Planning and Zoning Commission recommended approval, 5-0,
at its meeting of September 22, 1993.
SUMMARY:
The site is approximately 2.468 acres and there is an
undeveloped planned development approved. This is an
application to change the planned development detailed
layout,
modifying the building location, parking lot Y
landscaping, and signage.
BACKGROUND: \
Please see "History" in attached P&Z report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Landowner, neighbors, and those using IH-35E.
FISCAL IMPACT:
None.
Respeq F lly s bmit
Prepared by: L y V. Harrell
City Manager
Frank H. Robbins, AICP
Executive Director
Planning and Development
Attachment:
1. P&Z Report.
2. P&Z Minutes.
3. Draft ordinance.
A~x00<13
e:\w&cs\ord\1Issberq.o
AgandaNa ~
ABen~aftem -=5 ~ C
~ O
ORDINANCE NO.
AN GRDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
90-007 TO PROVIDE FOR AN AMENDED DETAILED PLAN FOR 2.468 ACRES OF
LAND IN PLANNED DEVELOPMENT (PD) NO. 134 LOCATED IN THE LISSBERGER
ADDITION EAST OF AND ABUTTING I-35E, NEST OF THE OLD M.K.T. RAIL-
ROAD, AND BETWEEN POCKRUS-PAGE AND SHADY SHORES ROADS; REPEALING
ORDINANCE NO. 90-069; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council, with the adoption of Ordinance No.
90-007, approved a planned development zoning district classifica-
tion for 2.4 acres of land located east of an abutting I-35E, west
of the old H.K.T. Railroad, and between Pockrus-Page Road and Shady
Shores Road; and
WHEREAS, the City Council, at the request of Al Lissberger,
with the adoption of Ordinance No. 90-069, approved an amended
detailed plan for the planned development zoning district class-
ification established by Ordinance No. 90-007 (PD No. 134); and
WHEREAS, Al Lissberger has applied for another amendment to the
detailed plan previously approved for PD No. 134 and on September
22, 1993 the Planning and zoning Commission, after a public
hearing, recommended approval of the requested change; and
WHEREAS, the City Council finds that the amended detailed plan
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section II of Ordinance No. 90-007 is amended
to read as follows:
SECTION II. That the Amended Detailed Plan, attached as
Exhibit "B", is adopted for the district and the property shall
be constructed, used, and maintained in accordance with the
Amended Detailed Plan, subject to the following conditions:
(1) Corrugated or any other steel construction will not be
allowed on the front exterior of the building.
(2) The property shall be connected to a public sanitary
sewer system before any restaurant in the development
begins business.
(3) The existing house on the site shall be demolished or
removed when building development on site exceeds 8,000
square feet of floor space.
x
rgsr~o~,vo ~ .
42
41~LS'4
(4) The dance floor in any restaurant or private club use
shall not exceed 2,000 square feet of floor space.
(5) Vehicles to be repaired or painted in conjunction with
any automotive service use shall be parked in the rear of
the building.
(6) Shared parking standards shall only apply in this PD
district when and if the district is used for restaurant
or private club purposes. Otherwise, parking require-
ments shall be determined from the Denton Code of
Ordinances, Chapter 35, for all phases of building
development.
SECTION II. That a copy of this ordinance shall be attached to
Ordinance No. 90-007, showing the amendment herein approved and
Ordinance No. 90-069 is hereby repealed.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
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:__O 4 L
PAGE 2
rn
Henna No Q--
EXHIBIT "B"
SECOND AMENDED DETAILED PLAN
CONSISTING OF:
1. PD site plan with Development standards
(1 page).
2. Landscape plan (1 page).
3. Parking standards for mixed-use developments
(2 pages).
i
i
a
CALCULATING ATTACHMENT 1 iSa 40PAREINti lOR MIIEO•Ui1 0
Ap9np~1t6 5 ~C
WEEROAf ! ~D
.5' n90 MITI m
Daytime evening 4+ytlae
a.a. f6 p.m.• (9 a.a.• (imla,
D a.1 aldnllht 1 p.m,) eldnliht) a6 a .m.)
Office/Industrial 1001 101
s{
i41 It
Retail 60 94
Hotel is too 140 10 S
is too is
111taurant so 100
100 i40 10
Entertainment/
Recreational 10 104
10 l00 10
*Soureer ?AS Report I317. Flexible Petklnj Requirements,
it.
L ss •r •r Addltiosl lark le 444 !meat
a f oa t • oael_ r~t1
11,100 sq. it. OffIC•/ladustrie,....... 21 spaces
,till! 14. Et. Retell 91 spaces
10444 14. ft. Rfstsuraot/..,......,.. 10
spaces
Total 151 spaces
3-1
1910x/1
Y
111•
0 6
tlssbene
a Addt utlofor virus/arlln .e nciaNo ~Q41a
ste m xe uses ggendalte
D
WEEKDAY WEEKEND r GHTTI~
Daytime Erasing Day tIna I(oning
0 a.a. (6 p.m.• (9 a.m.• (6 pia.• ■ldaiiht
a P.m:)*
.m.) midnight t P.M.) midnght) 8 a.m.1
Office/Industrial 24 1 1 2 I
Retail SS I2 9l bt I
Hotel
Restaurant 20 40 40 10 a
Into rtainaant/
Recreational
TOTAL 99 12S 111 106 11
Summary:
According to this analysis, 111 parting $pica$ to adequate for the Pro good
mixed use deyelopmest. This represents a ISM porcaat reduction of the
ordinance requiremaatf.
3_2 .
19101/2
3-1
i
n
Agenda No
lt
Agenda
OaaSe
TAS REPORT
Tot Mayor and City Council
case No.a Z-92-006 Meeting Dates October 19, 1993
GENERAL INFORMATION
Applicants Al Lissberger/ A i L Construction
P.O. Box 3058
Denton, TX 76202
(817) 566-2873
status of Applicants Owner
Requested Actions developmenttdito an strictxdetailedplanned
plan.
Location and Bizet aThe butting property West of the tolof and
d MKT
Railroad, and is between Pockrus
Page and Shady Shores Roads. The
tract is 2.468 acres in size.
Surrounding Land Use and Soningt
North - House with greenhouse, Agricultural and
commercial zoning districts.
South - Vacant, Agricultural zoning district.
East - Denton rails to trails, Mobile home park,
agricultural zoning district.
West - I-35E.
Denton Development Plant
Moderate activity center
5
1
pQendaMa_ -4
Case No. z-92-006 Aflaodalierr+ ~5~C
October i9, 1993
Page 2 Date /D ~
6a
SPECIAL INFORMATION
Transportation,
The property has direct access to the service road of the
I-35E and abuts the old MKT Railroad, now Denton rails to
trails, on the east. The site will be allowed one drive-
way. The existing driveway serving a single family home on
the site will be eliminated when that house is demolished.
A four foot sidewalk will be required along the frontage of
the property.
Utilitiost
The site is 1500 foot distant from existing water and 1,000
feet from existing sewer lines. Initial develoement may
utilize an existing water well. An evapotranspiration
system permitted by the City may initially provide waste-
water treatment. Connection to the city water and waste-
water system is require,&for later phases and for some uses
when effluent can not be treated in a septic system.
Drainagat
The tract is outside the 100 year floodplain. Drainage
improvements will be required for the channel on the south
corner of the property. The sidewalk along the frontage of
the property will require appropriate culverts to be
installed.
NOtiCY91
Five notices were mailed, three have been returned. Two
including the landowner, were in favor and one requested a
chain link fence along the north side. The applicant has
verbally stated that he would construct such a fence. Said
fence is not shown on the detailed plan. Staff suggests
that the fence not be made a requirement.
AoeiI3N0-~~.~ ~Y~..
Ay^C^vi!g
Case No. , 19906 ~
October 199, 1993
Page 3
HISTORY
The tract was annexed into the City of Denton, August 20, 1985
and zoned (A) agricultural. The Planning and zoning commission
considered the preliminary plat and general development plan on
July 12, 1989 and recommended approval to the City Council. A
request for a rezoning to Commercial (C) was returned to the
P&Z for consideration as a PD by Council on August 15, 1989.
The Commission considered PD zoning on September 27, 1989 and
tabled the case. A new sate plan was recommended by the
Commission on November 29, 1989. Council approved the PD
detailed plan on January 16, 1990. The final plat of the tract
was approved by the Commission on February 14, 1990. A
condition in the adopting ordinance was amended by Council in
May, 1990. That amendment eliminated a specific development
square footage condition defining when connection to a waste-
water system would be required. The site plan was not changed.
ANALYSIB
The property is located in a moderate activity center designat-
ed as intensity area #76 and adopted by the City Council, March
70 1989. This was one of the first intensity area amendments
made to the Denton Development Plan which was adopted in
August, 1990. Accor6ing to the policies in the Denton Develop-
ment Plan, a moderate activity center has a standard intensity
of 350 trips per day per acre (t/d/acre) and land use diversity
is encouraged. Intensity area #76 is currently 70% allocated.
The proposed zoning change will generate approximately 1,604
intensity trips, which exceeds the proportionate share by 740
trips. However, Council approved this disportionate share
allocation in 1990, when the PD was adopted. While the
building is 23 square feet larger, this proposal does not
increase intensity.
The most significant differences between the existing and
proposed detailed plan are that the building is moved further
back on the lot, rear parking is greatly diminished, and the
front parking lot is re-configured. The parking lot layout and
agenda ko
ageodall ,~?S ~(oC
Case No. 2-92-006 Ia9IB Q
October 19, 1993 20
Page 4(/~1
ANALYSIS (continued)
landscaping meet or exceed city standards. An eight (8) foot
screening wall is eliminated. The existing vegetation in the
rail to trail will provide a visual buffer.
Approval of this detailed would allow a deviation from the sign
ordinance standards. The deviation involves the number of
ground signs allowed per premise. This detailed plan has signs
on the entrance walls (see the landscape plan, page 2, of the
detailed plan). These are categorized as ground signs. Sign
ordinance specifications would allow one ground sign here.
There are three on the detailed plan. Detailed plans provide
an opportunity to approve deviations based on given the
specific sign design and the context of that signage.
The code provides the following to be used in considering sign
ordinance specification deviations:
(a) kale. The relationship between and compatibility
of sign scale, and site scale and the scale of
nearby buildings.
(b) Color, The relationship between and compatibility
of sign color to the color of nearby property,
buildings, and landscaping: The degree to which
sign colors are complimentary to its surroundings.
(c) Material and shape. The materials and shapes of
the signs and how they relate to their surround-
ings.
(d) Shape. The shape and design of the signs and how
they relate to their surroundings.
(e) Landscaping. The relationship of signs to land-
scaped features in and outside the district.
(f) Traffic Safety and Traffic Circulation. The
impact of the signs on driver's view, the degree
to which view obstructions are created or
improved, avoidance of confusion with or obstruc-
tion of traffic control signs and devices, and the
time it takes a motorist to read the sign.
AgendaNo J ~
Apndaltemr X_ 110
Case No. 2-92-006 (131e _ J~ ' 5
October 190 1993 f G' .~a
Page 5
ANALYSIS (continued)
(g) jjjUa nation._ The impact and compatibility of
sign illumination within the district and in
relation to neighboring properties. The avoidance
of glare and light pollution.
(h) jntearat on. How the signs in the district are
integrated into a unified development concept with
the topography, building design, other signs,
landscaping, traffic circulation and other devel-
opment features of the district and nearby proper-
ty.
(3) Is not being used merely to avoid or gain a variance of
the sign regulationsi
(4) Does not violate the spirit or intent of the sign rela-
tions.
In making its recommendation to approve, it was noted that the
entrance walls were shown on the old detailed plan. The signs
added to the wall are in scale and integrated well with the
wall and the development. Their size and shape relates well to
their surroundings. There is no impact on traffic safety or
circulation.
PD conditions which remain in effect, unchanged by this new
detailed plan includes
a. Corrugated steel of any kind may not be used on the front
facade of the building.
b. If bay doors are used along the facade of the building, the
landscape plan provides for additional trees to screen bay
doors from the I-35E.
c. The 4,000 sq. ft. restaurant/private club shall only be
constructed after the property connects to a public
sanitary sewer system.
d. Dancing in the private club shall not exceed 2,000 sq. ft.
of floor space.
e. The property may share parking in accordance with the
original PD ordinance. See Attachment 5.
~genOaNo __~~.LZS~IZ.__
pgc~~alfeq , L5 4G
Case No. 2-92-606
October 19, 1993 x.30
Page 6
RECOKKENDATION
P&2 unanimously recommended approval.
ALTERNATIrEB
1. Approve the petition.
2. Approve with conditions.
3. Deny this petition.
4. Postpone or table a decision.
ATTACKKEKTB
1. Location map.
2. Intensity calculations.
3. Intensity area map.
4. Current PD detailed plan (reduced) (2 pages).
5. Letter concerning shared parking.
6. Reduced comparison of old and new detailed plana.
7. Proposed detail plan (reduced) (2 pages).
AXX00474
I
ATTACHMENT 1
Z 88 023 IgendaNo~
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ATTACHMENT 2
,4gendaNo- 93-D~
' A~endallem,~ P~~ f ~
LAND USE MANAGEMENT INFCRMAT SYSTEM
PLANNING AND DEVELOPMENT OEM"-
C17Y Of DENTON 3U
Intensity area 16 Type. Moderate Int4M$ity trips/AC )SO y
traffic survey tones: 6615A
3aunoary Jescriot »n: North: JniOn P&C1fiC Railroad Arid POCkeus Pd.
South: City 11mttS line south Of Shady Shores Pd.
Oats: 05/10/69 west: I-351
LAND USE EXISTING LAND USE CURRENT 20NIN0 PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY
SF-14 a it 11 110 0 0 0 0•-.....0.
SF-10>14 0 0 0 0 0 0 0 0
SF-7>10 0 0 0 0 a 0 0 0
LESS SF-1 O 0 a O
MO6.MOMEs it S.S JIG 0 0 0 0 0'
DUPLEX 0 0 0 0 0 0 0 0 '
MI-R 0 0 0 O 0 0 O q
MP-112 0 0 0 0 0 0 0 0
COM/RET 0 0.11 $00.5 3 1950 5,23 0 3349,5
OFFICE 0 0 0 0 0 0 0 0
INDUSTRY O 0 0 0 0 0 0 0
INSTIINAL 0 0 0 0 0 0 0 0
PARKS 0 0 0 0 0 0 0 0
R/0/SPACE 0 1.16 0 0 0 0 0 a
TRANSPORT 0 16.47 0 0 0 0 0 0
AORIC. 0 0 0 43.56 0 0 0 0
VACANT 0 31.61 0 0 0 0 0 0
....................I...... N.......«................ w......................
TOTAL 22 59.71 721 46,56 1950 S,23 0 3100
1«.... -..............w
INTENSITY CALCULATIONS
(1) Intensity arse total trips 66.71 tiales SO 30349
(2) Trips allocated to 4XISting land uses (built) 121
(3) Trips allocated to current toning MCI. P as (not built) $350
(4) Trips 411eca11ed to vacant IAAde not 10f4d plus A9rie.:onlns 15253
(S) E6tlaatod unallocated intensity trips (1)sllnus(2)+(3)+(4 9026
(6) Percentage of Intensity trips allocated to
..................r+,...«.. w.
ONE THIRD RULE CALCULATIONS
Acres Tripe
(1) Allo W OMS for COON retail development 21.90 15161
(2) Existing comVistall )And uess (built) 0.11 Sat
(3) Current toning for caS\rstaii land uses 1123 $350
(4) total allocated i2) + (3) 9.00 5550
(S) Unallocated trips/Acres 19.90 13931
.....................................r......
u
2-I
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ATTACHMENT 5 ApendaNo.
Age*daller►t.. G
Qa~e If 30
cirr of aEnrroAr, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENr0N. TEXAS 76201
May 26, 1993
Mr. Al Lissberger
P. 0. Box 3058
Denton, Texas 76202
Re: PD 134 Parking Standards
Dear Mr. Lissberger:
Reference our telephone conversation of May 24, 1993, regarding the
above-referenced subject.
concerning are compliance e in with
the eonng ordlrnrnce s.andardso
or stated whether in to hose
ordinance, staff will review plans prior to issuanc4 of a building
pennit and before issuance of a building eartificate of occupancy
to see that the development complies With the applicable parking
standards. Staff reviews in the building permit/c0 proctss to see
that p.U code and ordinance standardF are followed, not just
parking standards.
PD 134 has a shared parking standard. It is highlighted on the
attached ordinance 90-067. The shared parking formula for PD134 is
part of ordinance 90-067 and is on pare 4-1 (Attachment 4) of that
ordinance (attached). To use the ipatrix entitled "Calculating
Parking for Mixed-Use Developments "o on Page 4-1 of the ordinance,
each use either occupying or proposed would be placed in the
matrix, and the highest number of spaces under any time frame
establishes total required parking. If a retail use were open from
9:00 a.m. to 4:00 p.m. on weekdays, the square footage times the
parking rate would be multiplied times 60% for the parking spaces
required in that use.
You had provided a hypothetical scenario of square footage by use
and that is noted on page 4-1. That scenario was used in the
matrix shown on page 4-2 of the ordinance. The highest number of
parking spaces required under the scenario on page 4-1 is 134. It
different mixes of uses actually would occupy the building, the
result of using the mixed use parking matrix would be different.
Attachment 2 is another example of how the matrix would be used.
8171566.8200 01FW_M1FTP0434.2529
Mr. Al Lissberger ren03No
May 260 1993 a~.ndalle
Page 2
/%?ly p
Following is a scenario in which 134 spaces would not be adequate
and for which a building permit and/or a CO could not be Issued:
20,000 square foot retail, open 9:00 a.m. to 6:0o p.m, on
weekends.
Required parking: 20000 sq. ft. + 200 (1 parking space
for each 200 sq. ft.) x 100% a 100
parking spaces required.
13,000 square foot restaurant, open 9:00 a.m. to 6:00 p.m, on
weekends.
Required parking: 13,000 sq. ft, + 100 (1 parking space
for each 100 sq. ft.) x 300% w 130
parking spaces required.
Total parking spaces required: 230 spaces.
Only with a proper mix of use and hours of operation can parking
spaces be shared. Each use would have to be evaluated at the time
the use is proposed in order to insure adequate off street parking.
In any case, we suggest that any perspective tenant would want to
know that there is adequate customer and employee parking.
An option to clarify this issue would be to specify and require a
specific amount of square footage for each use. This limits tenant
flexibility but makes parking analysis easier.
We hope to meet next week to discuss the conditioned zoning and/or
to clarify amending the PD. When we meet, it would be very useful
for building inspections staff and you together to "play out" a
number of possible building scenarios. I think that going through
that exercise will show the difficulty of enforcing a site plan,
when the site plan probably would not be built, at first anyway.
Therefore, we have suggested conditioned zoning with no site plan
requirements. The only thing that is "lost" is shared parking,
which may be of little real benefit to you. The zoning ordinance
Task Force has also recommended a shared parking matrix as part of
its work in re-writing the zoning ordinance.
If you have any questions, please feel free to call.
FRtlah t---an Obbli, AICPVAttachment
i
i
Agenda No __O ~-Jvtl-
Mr. Al Lissberger Apdalte
May 26, 1993 Rile
Page 3~
PC: Jackie Doyle, Building Official
Karen Fesharit Urban Planner
PD File
AXXOO 1f
r,<<3No _-X3-9-3
4Qti'~dol~Cf~! J~ (i
ATTACHMENT 1 fir _ ~V 13 -117~y
ORDINANCE NO. D
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED
PLAN FOR THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE
NO. 90-007 AND AMENDING A CONDITION THEREOF RELATING TO WASTEWATER
SERVICE FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Ordinance No. 90-0071 the City Council approved a
planned development district for 2.4 acres of land located east of
and abutting I-35E and west of the M.K.T. Railroad, between
Pockrus-Page Road and Shady Shores Road; and
WHEREAS, Al Lissberger has petitioned to amend the regulations
for wastewater facilities for the property; and
WHEREAS, the Planning and Zoning Commission has recommended
approval of the amendment; Now, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That Section 71 of Ordinance No. 90-007, is amended
to read as follows.,
Section II That the First Amended Detailed Plan, attached
as Exhibit "B", is adopted for the district and the
property shall be constructed, used, and maintained in
accordance with the amended detailed plan, subject to the
following conditions:
(1) Corrugated or any other steel construction will not be
allowed on the front exterior of the building.
(2) The property shall be connected to a public sanitary sewer
syntem Wore any restaurant in the development begins
business.
(3) The existing house on the site shall be demolished or
removed when building development on the site exceeds
8,000 square feet of floor space.
(4) The dance floor in any restaurant or private club use
shall not exceed 2,000 square feet of floor space.
(5) Vehicles to be repaired or painted in conjunction with any
automotive service use shall be parked in the rear of the
building.
Page 1
-
9 4 Genoa No 93 - o _
4~ar~tlaltem,_ ~5 t~_
1iiP >X
~ A #.~0
(6) Shared parking standards shall only apply in this PD
district when and it the district is used for restaurant
be purpcses, Otherwise#
• menprivate
shall club
the e ton parking code of
Ordinances Article 15, of Appendix B-Zoninq, for all
phases of building development. nce shall Ordinannce ML' 90 007, showingftheiame dment approved be attached to
sum not provision
ordinanc- ce shall, upon conviction$ be fined any
52000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION ry. 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 Zeday of
, 1990.
BOB CASTLEBERRY, MAYOR
ATTESTr
JENNIFER NALS'ERS, CITY SECRETARY
BYS
APPROVED AS TO LECAL FORMS
DrBRA A. DRAYOVITCH, CITY ATTORNEY
By :
49059A
Page 2
rf
96
aenaaNo ~ v
+~cn~alte ' C.
EXHIBIT
FIRST AMENDED DETAILED PLAN
CONSISTING OF1
l• PD site plan (I page),
Landscape plan (I page),
36 Development standards (6 pages),
1. Parking standards for mixed-use developments
(2 pages),
i
t
I, ATTAQHMEMT < Venda No -AQ Vo A n
CALCULATING IAA[IN IOR NIIID•USt DIY ' ~ It V
V C
a ~ ~a
WEEKDAY WEEKEND N{ONT1I1tI
Daytime Ironing Daytime Inning
1 p,i,} itdnl1At ~i o,i,) sidnljAt) midnight
Of tleeltndustrlal 1001 191 101
fl 11
befall 60 90 100 70
Hotel 1
11 100
1f 100 11
Restaurant so 100 t00 100
Entertainfent/ 10
Recreational 10 100 10 100
to
'Sources PAS Report 1311, Flexible parking Roquiruents,
L Neberter Additioat Parkief Reauireeents
bacon 0II tIIe 04 am r_ 0aae,~
111100 $q. It, office/Industrial..,,,,, at tpauS
L1,111 sq. ft. Ratall 91 spans
51000 sq, It. Restaurants............ 40 Ipaces
70!11 111 Spaces
/•l
1910X/1
0 6 Lis ~end3No._
slor a Audt r :`;tfaus. r • lerrt_._A?g C' -
~le_._Lv~y o?.~
MIt IDAY WEEIIND 4IGMT?I~
Dartfro iveninl Daytirl irlninl
0 1,a, p,a,• (9 a,1.• (9 p,a,• aldni Its
1 p,a,3 aldnllht 1 p,r,) ridnlll~t? 6 l,i,)
Otticl/Induftelsl S 3 ! !
Rota fl S! I3 91 61 1
Hotel
Restaurant 20 10 10 10 a
Intertlinelnt/
Rlcrlaticall
TOTAL 99 Lt1 131 L06 It
Surrrrri
Aceordinl to this analysis, 131 parklnl spices Is adlqusto for the propposed
■isld use dlvelopaoet. This reprelonts s 11.11 parcert roductten of the
ordinlnco requireseets.
19eae/S
t
ATTACHMENT 2 /
IM drvelopment. TM "xrvadoe ofpar USIA, as 1, (hterenlrte d,e ACe.1d,7 No 'fv
aoae%+1 !o the report, lvould preclude the rnl+t4nv~
**m-0 Se+ & boy below for an outline of the Steps Lm (or each re p
nd use as
p Acvornl the pern~lned amount of ehued par 2. Multiply ach amount s /D
Accordlry to the "pore. the key value In tt,rcvL• for each of the Ave ton
to e pmo~
don of reducifons are the ptreenig" associated viith each 6 .30
IW use for each of the time pes{ode nwnHoned,• To deter. I calcWate the column to al for each timepert
mine the amount of parklnj rtvjred for a specific MIX or The column Iota! with
uaee, die "port provides the fo owial steps:
the
114 apes" requirement, hIghKt value b the park.
CALCULATPIC PARKING FOR MDMDJ. E DryUopM M'1
(MON[COMERY COl1NW, MARYLAND)
WWWAY NTACFjm MCH'TFun
Oaytlo,e Cumin/ Dayttey tv
P-AL
1 p,m.l eJdnl$1t) / pp 01 • (oJdnflhl•
dntlhq
0%/Induatr+il
It" 100% a,m, 10% 10% S%
Had a 90 100
is 100
Rea4urant so 7 100 71
lntrr4alnmenvReae.tlon.t 100 10o D
a 10o a 100 10
100 , 10
sow".. 7ari,64 POWs, Study, Draft
PL ^^tN ~part+Mnl, Early 1ea1~4 Im RrvWry t7,t 2ontr~ C.'dnana,' Truuportatlgn Planntry Dtvtdon, Moriaoo,ery county
L mnpL: M&ed•Uu Drvffopmmr-pf f,'0, Rrrm7 , and OfAa,,,,,,,,,,,,,,,,
Firt*►t~e6vnrnt.7?ieassue~ptknlstlulthelndit(91 and Retatl ..............•300
UM would have the rollow)n= spacn
parking
te space Fnlenal 210 IPA cat
quiremenbr nmenl,,,,,,,,,,,,,,,,,,,,,,, 100 IPA c"
Total„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 610 spaces
WEEKDAY
WWaND
MCtiraVdE
Daydar [vadrt/ Daytime h
1 P, L . t~ (d vot - red
.4hH 1 D.m,l
Off1 W Iht) { a
a
SO 30
Retail
1s
Had 310
Rekaurant -
EnlertaG+menlrReautional 40 _100 80
- -
TOTAL 100 20
SII 00
sa su 1e
SoWonfouampbprobt m:aftaredparkinjrfqufrrntrnf,SOrliparfs.04rfdparkinfallow#a2Spfrrfnfsavtnr,)
Serer, APA.
~ 7
}
s
z OLD DETAIL PLAN NEW DETAIL PLAN
4
R
/MM it In rlw
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ATTACHMENT 2 Ao9,iMo -
Planning and zoning Commission A.r 3 R*vt-
Minutes for September 22, 1993 Page 4
IV. Hold a public hearing and consider amending the detailed plan
of Planned Development No. 134. The 2.468 acre tract of land
is located on the east side of I-35E, west of the old
railroad, between Pockrus-Page Road and shady Shores road.
STAFF REPORT: Mr. Robbins gave the staff report.
He reported that the building area was to be moved to the rear
of the property and there would be the daletion of an 8 ft
wall on the rear of the property. There is nothing that will
increase or decrease the infrastructure. History began with
application in 1989 . CC recommended that the application be
made for PD and was approved In 1990. There has been an open
application since
and if been
there long are process.
bay e doors There they
will have to be screened. The landscaping will stay just
slightly in access of the requirements. A large pole sign has
been moved to the north and is shorter than the requirements
because of the power lines. The flag poles at the entrance
are also less than specified because of the power lines.
The entry wall will only be 20 feet long. The name will be
extended along tha wall and will count as a ground sign.
There will be three ground signs under the detail
specifications. They are only allowed one ground sign, so this
is a deviation of the ordinance. Staff recommends that the
deviation be approved. The signs remain in character and are
not a detraction.
PETITIONER: Al Lissberger, A & L Construction, P.O. Box 3058
Denton, Texas. He said he tried to find the best use of the
property by changing the size and the location of the parking
from the rear to the front since the tract has highway
frontage. The flow will allow for easier egret and ingress.
He said he tried to make the area more attractive and less
congested.
IN FAVOR: Kathy Orr, 2205 Woodbrook, Denton, Texas. She said
she was in favor of the project and felt that it would add to
the tax base and create jobs.
In Opposition: None
Public hearing was closed.
Dr. Huey had to leave.
Mr. Cochran moved approval of Z-92-006. Mr. Norton seconded
and the motion carried (5-0).
4
yCITY=----
"COUNCI
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DATE: October 19, 1993 ~OIAdIHB
CITY COUNCit RFD: ~
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTs Hold a public hearing to amend a portion of an existing
detailed plan for Planned Development No. 16
branch library, for a new
~4b~7EN--DA- TION:
The Planning and Zoning Commission recommended approval by
a 6-0 vote eat the September 8, 1993 meeting.
~V]~18EiY:
See attached report.
BACK_ GFtp 1~Np;
See attached report.
P84S:SANiS DEPARTMENT_ S OR GROUPS AFFECTED:
City of Denton, Municipal Services and Economic Development
Department.
FISCAL iMpA~T=
Funds from bonds sold in 1989.
i
y submitted:
Resp4V.
Prepared by:
to rrell, City Manager
a. Owen os , S
Urban Planner
Approved:
rank H. Robbins AiCP
Executive Director
Planning and Development
AXX00487
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PLANNING i 2ONING C0XMXS8ION REPORT
Toi Mayor and m3mbers of the City Council
Case No.s 2-93-023 Nesting Dates October 19, 1993
GENERAL
INPORNATION
Applicants
City of Denton
215 E. McKinney Rd,
Denton, TX 76201
Eva Poole)
Current owners s
City of Denton
NCNB Co.
Requested Actions
Amend a portion of an existing detailed plan for Planned
Development No. 16 for a new branch library. (The site
also includes a newly-constructed fire station.)
Location and Sises
Approximately 3.396 acres, located on the west side of
F.M. 2181 (Lillian Miller Pkwy,), approximately 640 ft.
south of Teasley Lane.
Surrounding Land Use and Zonings
North - The remainder of Planned Development No. 16
(as amended), which 1s designated for retail
use, but i a
South - The Bent Oaks subdivision ~which is zoned
Planned Development, primarily for single-
family use, with scattered office and duplex
uses.
East - The right-of-way of Lillian Miller Pkwy,,
across from which is primarily-open land,
designated for single-family use (SF-16) and
for a h
West - SchooluseP(Sam iHoustonrElementary) SUP-192. PD-16
i
n .1
Ili
AgendaNa,__--2e ~
Case No. 2-93-023 Agaodaftel D
October 19, 1993 l13te^ /Q~~Q
Page 2
Denton Development plant
Low intensity area No. 82, which is 80% allocated.
BPLCIALINPORMATIOL
Traneportationi
No negative change is proposed to impact the
infrastructure. The drive lane leading to the fire
station (for returning vehicles) will be shared by buses
serving Sam Houston school.
Utiiitiest
No negative impact on utility requirements.
Dratnagee
No negative impact on drainage patterns or drainage
requirements
fire suppressions
An automatic sprinkler system will be required for the
library building. The fire lane must be within 150 ft, of
all exterior, first story, walls.
HISTORY
The City Council approved Ord, 88-205 in 1988, to correct
Ordinances 73-25 and 73-27 by amending those ordinances to
provide for the correct designation of the entire tract (of
which this proposal is a part) as a Planned Develorment (PD-
16) district for retail use.
On 1/9/91 a Detailed Plan was approved by the City Council
amending apfroximateiy 11.2 acres of PD-16, in part for use as
a City of Denton fire station and branch library.
This pruposal is a further refinement of the approved detailed
plan, showing the actually-constructed fire station and the
"footprint" of the proposed library.
~c C1P1a _ ~
Case No. 23
October 19, 1993
Y
Page 3
ANALYSIS
The proposed plan shows a reconfigured parking lot and lowers
the maximum height of the library building from 45 feet to 30
feet.
There will be no change in the 80% allocated status of the
Intensity Area in which the proposal is located.
RECOMMENDATION
The Planning and Zoning Commission recommended approval of Z-
93-023 by a 6-0 vote, at its September 8, 1993 meeting.
ALTERNATIVES
1. Approve petition as recommended.
2. Approve petition with conditions.
3. Deny petition.
4. Postpone.
ATTACHMENTS
1. Location Map.
2. Existing detailed plan.
3. Proposed amendment to detailed plan.
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Z•93.23 PD-16
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ATTACHMENT 3 C,191~1.
Z-93.23 PD-16
NORTH
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Amended Detalled Plan
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
91-007 TO PROVIDE FOR A REVISED DETAILED PLAN FOR 3.396 ACRES OF
LAND IN PLANNED DEVELOPMENT (PD) NO. 16 LOCATED ON THE WEST SIDE OF
F.M. 2181 (LILLIAN MILLER PARKWAY), APPROXIMATELY 640 FEET SOUTH OF
TEASLEY LANE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF] AND
PROVIDING FOR AN EFFECTIVE DATE. for an nedRDevelopmentt(PD)f o. 16, as adopted by OrdinancedNont~)i_
Plan
007, by requesting approval of a revised detailed plan for 3.396
acres of land contained in such detailed plan; and
WHEREAS, on September 8, 1993 the Planning and Zoning Commis-
sion, after a public hearing, recommended approval of the requested
change; and
original detaithe led i plan will fbed inhco compliance revised with portion the Deof the
nton
Development Plan) NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
9ECT20N Is That Ordinance No. 91-007 (P.D. No. 16), is
amended by approving a revised detailed plan as illustrated in
Exhibit "A", attached hereto and made a part hereof for all
purposes, for 3.396 acres of land described in Exhibit "B",
attached hereto and made a part hereof for all purposes.
SECTION II. That the provisions of this ordinance as they
apply to the 3.396 acres shown in the detailed plan herein
approved, shall govern and control over any conflicting provision
apply 91-007, to thatt reall the maining provisions
91-007 as the No.
of the district not
herein amended, shall continue in force and effect and shall apply
to the remainder of said district.
SECTION III That a copy of this ordinance shall be attached
to Ordinance No. 91-007 showing the amendment herein approved.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$20000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SXCTION V That this ordinance shall become effective ourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCM, CITY ATTORNEY
BY:~!L4+~oY
PAGE 2
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"EXHIBIT B" p2t9 "
ALL that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, in the
C. Poulallier Survey, Abstract No. 1006 and being all of Lot A,
Block 1, of the A.N.W. Addition, an addition to the city of Denton
recorded in Cabinet H. Page 338 of the Plat eed r sNof Denton
County, Texas and part of tract shown by to Texas
National Bank, as successor in interest to First National Bank in
Dallas, as Denton County, recorded in n and ubeing8 more g pa57 of the rticularly e described an
followsl
BEGINNING at a point in the west right-of-way line of F.M. 21810
said point being the southeast corner of said NCNB Texas National
Bank tract;
THENCE of said Lot A, , Blo55" west ck 1 of then N Wa Addition and continuing
a total distance of 493.17 feet to a point for corner; Lot THENCE north 010 100 05" west along
feet the northwest corners of said
part of the way, passing at 250
Lot i and continuing a total distance of 300 lest to a point or
corner;
THENCE north 889 49' 55" east a distance of 493.17 feet to a point
for corner;
THENCE south 010 10' 05" east, passing at 50 feet the northeast
corner of said Lot 1 and continuing along the west line of said Lot
1 a total distance of 300 feet to the POINT OF BEGINNING and
containing 3.396 acres of land of which .029 acres lie within a
public right-of-way.
AEE00295
k
jaNo _--q-~ -1y
Planning and Zoning Commission
Minutes for 9/8/93,;,,
Page 2
RECOMMENDATION: Staff recommended approval of Z-93-021
Public hearing was closed.
Mr. Cochran moved to approve Z-93-021. Barbara Russell
seconded and the motion carried unanimously (6-0).
F--_
!III. Hold a public hearing to consider a request by the City of
Denton for an amendment to a detailed plan for a portion of
Planned Development No. 16. The 3.396 acre tract is located
approximately 640 feet south of Teasley Lane, on the west side
of F.M. 2181.
STAFF REPORT: by Owen Yost
Mr. Yost reported that the site was for a new branch library
and a newly constructed fire station. It is a portion of PD
16. There will be no negative changes in the infrastructure
requirements. On 1/9/92 a Detailed Plan was approved by the
City rr-.ncil amending approximately 11.2 acres of PD-16, in
part L. use as a City of Denton fire station and branch
library. The proposal is a further refinement of the approved
detailed plan. The proposed plan shows a reconfigured parking
lot and lowers the maximum height of the building from 45 feet
to 30 feet.
Dr. Huey asked what will be changed.
Mr. Yost said the footprint for the fire station and the
library is being changed. Ther9 will be parking closer to the
building and the landscaping has been changed on the plans.
The architectural treatment for the main entrance between the
two buildings will be a little different.
Eva Poole, Library Director explained about the parking.
IN FAVOR: None
IN OPPOSITIONS None
RECOMMENDATION; Staff recommended approval,
Public hearing was closed.
Dr. Huey moved approval, Mr. Cochran seconded and
the motion carried unanimously (6-0).
IV. Consider easement abandonment on Lot 1R, Block I of the Santa
Fe Addition.
r0
-C ITY- =
'COUNCI
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40
OGC9C~
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ORDINANCE NO. 4O+~aNO •
-Agendaltem
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNW?
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN A -
ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, state law and ordinance require that certain contracts
requiring an expenditure or payment by the City in an amount ex-
ceeding $10,000 be by competitive bids, except in the case of pub-
lic calamity where it becomes necessary to act at once to appro-
priate money to relieve the necessity of the citizens, or to pre-
serve the property of the city, or it is necessary to protect the
public health or safety of the citizens of the city, or in case of
unforeseen damage to public property, machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council
that it is necessary to purchase goods or services due to the fol-
lowing emergency conditions outlined in the memorandum attached
hereto as Exhibit "A", incorporated herein by reference] NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION 1. That the City Council hereby determines that there
is a public calamity that makes it necessary to act at once to ap-
propriate money to relieve the necessity of the citizens, or to
preserve the property of the city, ur to protect the public health
of the citizens of the city, or to provide for unforseen damage to
public property, machinery or equipment, and by reason thereof, the
following emergency purchases of materials, equipment, supplies or
serviceAp as described in the "Purchase Orders" attached hereto,
are hereby approveds
PURCHASE
ORDER NUMBER VENDOR AMOUNT
37454 U.E.C. EQUIPMENT $15,774.64
SECTION II. That because of such emergency, the City Manager
or designated employee Is hereby authorized to purchase the mater-
ials, equipment, supplies or services as described in the attached
Purchase orders and to make payment therefore in the amounts there-
in stated, such emergency purchases being in accordance with the
provisions of state law exempting such purchases by the City from
the requirements of competitive bids.
SECTION 111, That this ordinance shall become effective im-
mediately upon its passage and approval.
ABA^~iahio
A~c„d~l~len
PASSED AND APPROVED this the day of ,1993.
BOB CASTLEBERRY, MAYOR
ATT£STs
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYI
~3~daNo._._93 -o
DATE: ~QOfitiB 19 _19935 "~~4
CITY COUNCIL REPORT
✓.7
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER #37459- U.E.C.
RECOMMENDATION: We recommend that Purchase Order #37459 to U. E. C. Equipment
Company a approved in the amount of $15,774.84.
SUMMARY: This purchase order is for the emergency repairs to a 1988 model 75'
e7 -r a Buc et Truck. The price includes removal and repair of the upper and lower
boom assembly holding chains, and cables as well as a complete safety inspection of
the en!ire unit.
This equipment has a life expectancy of 10-15 years and its replacement cost Is
estimated to be in excess of $115,000.00.
BACKGROUND: Purchase Order #37459, Work Order from U.E.C.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED i Fleet Operations and Electric
utility Overhead Distribution Division.
FISCAL IMPACT i Funds for the repair will be taken f rom 1993 Working Capital funds
or Maintenance of Vehicles and Equipment Account 11710-025-0580.8710.
ullyrsu ted:
i
Lloy , errs
City Manager
A rovedi
a~ me: Tom 3 aw,C.P.M.
Title: Purchasing Agent
UO,~q~nE~
i;
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PURCHSSE.41RDER NO 3 7 4 5 9 THIS IS A xx X
TAIL number must app,n on all CONFIRMING ORDER
lermicet delivery en; ewes, Q OF MARKE
`enss, ' boxes. p,ckirp ships and blue. DO NOT DUPLICATE
Req Not Bid Nm Date: 10 Ol 93 Pape No. 01
CITY OF DENTON TEXAS
PURCHASING DIVISION 1 901-8 TEXAS STREE{ I DENTON, TEXAS 76201-4354
8171383-7100 DIFW METRO 017/287-0042 FAX 8171382-4692
VENDOR U E C EQUIPMENT CO
NAME/ 3320 ROY ORR DELIVERY CONFIRMATION ONLY C14
ADDRESS ADDRESS FLEET SERVICES
GRAND PRAIRIE Tx 804 TEXAS
DENTON, Tx 76201
VENDOR N0. UUU48000 DELIVERY OUOTED 10 15 93 FOB DESTINATION BUYER TS TERMS
b7N':,o _.77, '^r, -to
k"kg rg;~•~ ARJT4 71
001 1.000 LT VENDOR CAT. 4 N / A MFG NAME 15,774.640 15,774.64
CITY 4 92916
RIG 45218, ID /8854 R & R UPPER & LOWER BOOM HOLDING CHAINS,
CABLES AND TEST FOR PROPER OPERATION i
C%+ s
P GE TOTAL t 5 ,,,,7
GR ND TOTAL I 15 4k
01 710 025 0580 8710 15,774.64
wom ed"w" 777 1 Termf • Net 30 u.w r ,M,w N tn.drl$
IMM sfww bmw wM Imm* eery 4. Shipfoll IAttrwellant EQB, Ueetinaion prepaid pnwu IO.nj 4at&stl
Ily Aasww P004 6. No lehrel or We 1e1e1 ua anen be Included
r 5 ° ",V !11 ! 6L~ in prices billed Pwchasimg Division
u~awww wwuu,
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- -SER;30-93 THU 12:09 UEC
7'1^wlvr1 T.y,.,- am FAN W. 2149667938 0 02
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C Customer AOct. G o J
f fl Customer:
sl A T Address: T S Terms
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0 ATTN: State: 21p; warehouse
f E Contact Name: Slaty Cale
Customer: Promised
S Address: Telephone
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P City: - /calaa /,eapur wtnl 30oWn: 11
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Oty Part No. 616dA.,, , .
Description Y Una
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ciryol DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 588.8307
Office of the City Manager
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: October 15, 1993
SUBJECT: Revision to Chapter 14 of the Code of Ordinances
Regarding Smoking
BECOMMENDATTON:
Staff recommends the adoption of this resolution.
BACKGROUNDI
At the October 5 regular meeting of the City Council, Staff
provided information concerning revisions to Chapter 14 of the Code
of Ordinances regarding smoking. Basically, these revisions make
current the existing ordinance by providing updated definitions and
correcting codification errors.
Staff determined that these revisions were appropriate following
violation involved smoking o in of a the smoking
service ordinance. area. After
corrective action by the merchant, Staff learned that the ordinance
needed revision.
SOMARY:
During the Council briefing on this item, Staff asked council if
there were any additional concerns or changed to the ordinance.
Having received no further suggestions, recommendations, or
revisions, the ordinance is correct as submitted.
PROGRaM3 bEPARTMEti*~"S OR GROVES AFFECT~t
All citizens of the City of Denton.
y
FISCA , rMb ~~'~~lern~ ~S ~"~,B
r .AGS t
Hone.
Please advise if I can provide additional information. off/
i
RESPECTFULLY SUBMITTEOs
~ I
qLyd I arell
y Manager
Prepared bys
i
Jose Portugal
Assistant to the City Manager
F
i
{~\WCtlC S~ORC 15H0[E.C
iQ~fl dN0 jA
~~.lddlfem S A ~L
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TCXAS AMENDING PROVISIONS OF
CHAPTER 14 ARTICLE IV. ("SMOKING") OF THE CODE OF ORDINANCES TO
DESIGNATE THE MANAGER OF THE ENVIRONMENTAL HEALTH SERVICES DEPART-
MENT TO ENFORCE AND ADMINISTER PROVISIONS OF THIS ARTICLE:; PRO-
VIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ANY
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
§XJCTiON I. That the following definitions contained sec. 14-86
of the Code of ordinances are hereby amended to read as follows:
Director means the manager of the environmental health
services division of the Department of Municipal Services
of the City.
Food establishment means any operation defined as such
in section 13-1 of this Code.
. . . .
All other provisions of this section are unchanged.
6ECT- I-ON I I. That Sac. 14-8',(d) of the Code of Ordinances is
hereby amended to read as follows;
(d) The owner or person in control of an,.establishment or
area described in subsections (a) (4) or (a) (6) of this sec-
tlon may designate an area, including but not limited to a room or providedethat the designated ismoking ~areas a a may not iinclareai
ude
(1) The entire establishment;
(2) Cashier areas or over-the-counter sales areas;
or
(3) The viewing area of any theater or movie
house,
here TI, 0-N.= That Sec. 14-87(a) of the Code of ordinances is
by amended to read as follows:
(a) It is a defense to prosecution under this section if
the person was smoking in a location that wars
f
f
e;
i
(1) A designated smoking area of a facility or
establishment described in subsections (a)(4) or
(a) (6) of this section which is posted as a
smoking area with appropriate signs;
(2) An administrative area or office of an
establishment described in subsection (a}(4) or
(a)(6) of this section=
(3) A retail establishment serving the general
public with less than five hundred (Soo) square
feet of a public showroom or service space or
having only one (1) as a designated employee on duty unless posted
non-smoking area in accordance
with subsection (a)(s) of this sections or
(4) A retail establishment which is primarily
engaged in the sale of tobacco, tobacco products
or smoking implements.
U T~Iy, That Sec. 14-88 of the Code of Ordinances is
hereby amended to read as followst
8eo. 14-88, Written policy required.
The owner or person in control of any facility or area
designated as a no smoking area in section 14-87 (a) (3) of
this article shallr
(1) Have and implement a written policy on
smoking which conforms to this article; and
(2) Make the policy available for inspection by
the director, Gsct clause# ph4a se orIwf an ord in this ordinancetior~application ~ thereof cto
Y y court of compe-
tentpJurisdiction, suchnholding shally otd affect the validity of
the remaining portions of this ordinance, and the city Council of
the City of Denton, Texas hereby declares it would have enacted
such remaining portion despite any such invalidity,
forca~heint hVI- T provisihat al of this or
become effective of ordinances in
ar,i inconsistent or in conflict with the te:-ms or provisionswcon-
tained in this ordinance are hereby repealed to the extent of any
such conflict.
PAGE 2
i
7
&ECTION M . 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 twice In papers ofd the City ofeDentonn Texaso within then (10) official days
of news-
date of its passage.
PASSED AND APPROVED this the day of
1493.
80B CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Sys
APPROVED AS TO LEGAL FORKt
D RA A. DRAYOVITCHf CITY ATTORNEY
Sys
PAGE 3
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Ape~dt4a .yz.~~
oVendaNo 4.3-0`>~ gg1AQiItMI~- ~
A
Date /d/ y~
Clry01 DENTON,TEXAS MUNICIPAL BUILOINO ! DENTON, TEXAS 7x20! / TELEPHONE (917) SES•8307
Office of IAa city MAnaget
CITY CPUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT= Revision to Chapter 14 of the Code of Ordinances
Regarding Smoking
DATE: September 30, 1993
BACKGROUND:
At the July 6, 1993 regular meeting, the Council received a
Citizens Report regarding a violation of the smoking ordinance,
The violation concerned a report of smoking being allowed in a food
service area of a local grocery. Staff investigated this matter
and determined that a violation had occurred. Following corrective
action by the grocer, staff discovered that the smoking ordinance
was in error and in need of revision, Consequently, the attached
ordinance reflects those revisions,
SUMMARyi
The following revisions have been made to Chapter. 14 of the Code
of Ordinances regarding smoking,
1. A correction of the definition of 'tDirector" in Section
14-861
e. A correction of the Code reference in the def.lnition of
"Food Establishment" in Section 14-861
3. A correction of references in subsections (a) (4) and (a)
(6) in Sections 14-87(d) and 14-87(0)1 and
4. A correction of the reference to 14-87(a)(3) in Section
14-88.
The definition of "Director" should have been changed when City
departments were reorganized. The definition of Food
Establishment" was incorrect due to the adoption of a now food
F,
r.
t
Agv~~3No 9 -D~a
Ag adalte
ordinance, The other corrections are errors whicN14KQ~u~fe~d f~-the
recodification process.
~Xcil
A copy of the current smoking ordinance is attached for Co review. Should you have any ether suggestions or amendments staff
will incorporate these into the revised ordinance, Upon Council
direction, the staff will proc,"d with scheduling the revised
smoking ordinance for approval.
RESPECTFULLY SUBMITTED,
~v~
4ty . Harre
nager
Prepared by:
Joee Portuga
Assistant to the City Manager
Y
k
IvEALTII AND Hn N SERVICES A(,'0^ 3lvb.-_ -0 U
ARTICLE TV, SMOKLVG' Q ` - /G w
Sec, 14.88. Defluitlons,
The following wurds, terms and phrases, when used in this artic:e, shall have the mean.
ings ascribed to them in this section, except where the context clearly indicates a different
meaning.
Administrative area means the area of an establishment not generally accessible to the
public, including but not limited to individual offices, stockrooms, employee lounges or meeting
rooms,
Director means the director of the city health department designated to enforce and
administer this article,
Food establishment means any operation defined as such in section 13.26 of this Code,
Hospital rneans emy Institution that provides medical, surgical end overnight facilities for
patlents.
Public service area means any area, other than an administrative area, to which the
general public radinely has access for municipal services and which ig designated a public
service area in a written policy prepared in compliance with this article.
Fletatl establishment means any establishment whir', primarily sells goods to the Reneral
public
Cede 1966, 4 13.501
Sec, 1489. Smoking prohibited Its certain public area,
a, It is unlawful for any person to erookr orpossesa a burning tobacco, weed or other plant
product in any of the following indoor or enclosed areas,
1 An elevator used by the public;
2~ A hospital or nursing home corridor providing direct access to patlents' roams;
3 Any conference room, meeting room or public service area of any facility owned,
operated or managed by the city, but Nsdoes not include the Civic Center, the Visual
Arts Center nor the Center for Performing At-to;
4 ~ Any retail establishment serving the general public, including but not limited to any
department store, grocery store or drugstore; or
S An area marked with a no smoking sign in accordance wlth subsection ~bi of this
section by the owner or person in r,atrol of a hospital, nursing home er retail eatab.
hshment serving the general pub!1c; or
'Cross references-Fire prevention generally, Ch. 11; food t•str,blishments generally, #
13.26 et seq.
State law reference-Smoking in certain public places, V,T,r. A , Penal Code 0 48.01.
981
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$ 1467 DEtiTOY CODE Aj. J. ILd.I_~~,~ ~B
6 Any facility of a public primary or secondary school or an enclosed theater, o e
house, Iibrarv or museum.
In The owner or person in control of an establishment in which smoking is prohibited by
subsection ai of this section shall post a conspicuous sign at the main entrance to the eAab•
lisl,lrwr,t The owner or person in control of an establishment in which smoking is prohibiter'
in a specified area shall post a conspicuous sign at the entrance to the area. The sign shall
contain the words ' No Smoking, City of Denton Ordinance," the universal symbol for r,o
smoking or other language that clearly prohibits smoking,
c Every hospital shall:
1, Allow all patients, prior to elective admission, to choose to be in a no smoking pr,tient
room, and
2 Require that employees or visitors obtain express approval from all patients in a
patient room prior to smoking.
d The owner or person in control of an establishment or area described in subsection
a ~3- of this section may designate an area, including but not limited to a lobby, meeting room
or waiting room, as a smoking area; provided, that the designated smoking area may not
include.
f
1, The entire establishment;
2 Cashier areas or over-the-counter sales areas; or
3 The viewing area of any theater or movie house.
e! It is a defense to prosecution under this section if the person was smoking in a location
that was:
I A designated smoking area ofa facility or establishment described in subsection !a 13,
of this section which is posted as a smoking area with appropriate signs;
2 An administrative area or office of an establishment described in subsection ralt3) of
this section;
3 A retail establishment sening the general public with less than Lve hundred i500j
square feet of a public showroom or service space or having only one il) employee on
duty, unless posted as a designated nonsmoking area in accordance with subsection
ai(4) of this section; or
4: A retail establishment which is primarily engaged in the sale of tobacco, tobacco
products or smoking implements.
tl The owner or person in control of an establishment exempted from designating non-
smoking areas by subsection (e) of this section who chooses not to designate any such areas
shall post a conspicuous sign near the main entrance to the establishment with the words
982
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a
9
~3~~3tvo,9~3-a a
HEALTH,VVDHnI LAY SERVICES Ab.•alte ES
CCI~~_._lD.19,~ 3
"Smoking Permitted Throughout" or "*,N'onsmokingAreas N'ot Available" or similar tanggua
to indicate that no nonsmoking areas are provided.
Code 1966. § 13.51,
Sec. 11.88. Written policy required.
The owner or person in control of any facility or area designated as a no smoking area in
section 14.87'a)~21 or iii of this article shall;
11 Have and implement a written polity on smoking which conforms to this article; and
2 Make the policy available for inspection by the director,
Code 1966• § 13.52
Sec. 14.89. Food establishments.
a A food establishment which has indoor or enclosed dining areas shall provide separate
indoor or enclosed dinin f areas for smoking and nonsmoking patrons.
b, A nonsmoking area shall:
P Be separated, where feasible, from smoking areas by a minimum of four (4) feet of
contiguous Qoor space;
2) Be ventilated, where feasible, and situated so that air from the smokirg &;-ea is not
drawn into or across the nonsmoking area,
3 i Be clearly designated by appropriate signs visible to patrons within the dining area
indicating that the area is designated nonsmoking; and
4 Have ash trays or other suitable containers for extinguishing smoking materials at
the perimeter of the nonsmoking area.
c Each oud establishment which has a dining a: ea shall
I Have and implement a written policy on smoking which conforms to this article;
2) "fake the policy available for inspection by the director; and
3 have signs at the establishment's entrance indicating that nonsmoking seating i3
available,
d Nondining areas of any food establishment affected by this section to which patrons
have general access, includingbut not limited to food order areas, food service areas, restrooms
and cashier areas, shall be designated as nonsmoking areas,
et It is a defense to prosecution under this section that the food establishment is:
1; An establishment which has indoor seating arrangements for less than fifty r%
patrons;
2) An establishment in which more than seventy (70) percent of its annual gross sales is
from the sale of alcoholic beverages; or
983
~o*9aNo _~"a~~
3 14.89 DENTON CODE
3A physically separated bar area of a food establishment otherwise regulated,
f The owner or person in control of an establishment exempted from designating non-
smoking areas by subsection tef of this section who chooses not to designate any such areas
shall post a conspicuous sign near the main entrance to the establishment with the words
"Smoking Permitted Throughout" or "Nonsmoking Areas Not Available" or similar language
to indicate that no nonsmoking areas are provided,
g It shall be unlawful for any person to smoke or possess a burning tobacco, weed or
other plant product in an area of a food establishment designated as nonsmoking,
Code 1966, 43 13.53, 13.54)
Sec, 14.90, Penalties.
It shall be unlawful for any person to violate any provision of this article, and upon
conviction such person shall be punished as provided in section 1.12 of this Code.
Code 1966, $ 13.55)
Secs, 14.91-14110. Reserved.
_I
ARTICLE V. PUBLIC AND SEMIPUBLIC SW16Y1MING POOLS,
Sec. 14.111, Definitions.
The definitions of the words and terms in section 28.298 of this Code shall be applicable
when those words and terms are used in this article, unless the context should clearly indicate
a different meaning.
Sec. 14.112, Health officer inspections.
The health officer is authorized to conduct such inspections as he deems necessary to
ensure compliance with all provisions of this article and shall have the right of entry at any
reasonable hour to the public or semipublic swimming pool for thin purpose.
Code 1966, 15-1781
Sec. 14113, Permits to operate,
w No person shall operate or maintain a public or semipublic swimming pool unless he
has obtained a permit to operate such pool from the health officer, Such permits shall be valid
for one (1) year, unless revoked for a violation of this article. Such permits are not transferable
and shall be publicly displayed.
'Cross reference-Swimming pool code, 128-296 et seq.
984
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COUNCI
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CITY COUNCIL REPORT FORMAT Date- -z ---Z3
TO: Mayor and Members of the City Council U
FROMt Lloyd V. Harrell, City Manager
SUBJECTt Easement Abandonments - Forreatridge Area
RECOMMENDATIONt
The Development Review Committee and Planning and Zoning Commission recommends
approval.
SUMMARY/BACKGROUNDi
Jim and Kay Clark, 3501 Forrestridge Drive, have requested that the City abandon
two easements that effect their lot. The existing 16' utility easement adjacent
to the east line of their lot was dedicated in the Forrestridge Section Two plat.
The 20' utility easement also adjacent to their east line, and overlaying the 16'
platted utility easement, was granted by document from the Forrestridge
developers in 1975 for extension of future utilities to the south. The 20'
utility easement extends from E1 Paseo Drive south to Ryan Road. This 20'
easement was never occupied since the utilities for subsequent developments to
the south were installed on the street side of the lots. In exchange for
abandonment of the easements that effect the Clarks' lot, they have granted the
City additional easement on the north and west side of their tract. This new
easement configuration will accommodate all existing public utilities on their
lot.
Staff recommends that the ballnce of the 20' publir, utility easement to the south
be abandoned at this time. The 20' easement is not occupied and will not be
needed for future utilities. The subsequent lots to the south were platted with
utility easements along the street side of the lots. The existence of an
unoccupied 20' easement on the west side of the lots limits the use of their back
yards and is not needed.
PR_OGRj S, DEPARTMENTS, OR GROUPS AFFECTEDt
Utility Department, Engineering/ROW, public utility entities
FISCAL IMPACTi
None
SP .FULLY 4SPITTEDi
oy erCity Manager
Pre Wredb t
Pau W amson
Engineering Tech II/ROW
Approved.
G
Jer y lark
Di ec r of sneering & Transportation
AEE 29C/13
E:U6PD0CS\CRD\CLAAK.0
.~f.~,a~w~ . 93 0 to
Ttoin ;ES OVA
y
C AM F7
ORDINANCE NO.
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOT 1, BLOCK G,
FORRESTRIDGE SECTION II, AN ADDITION TO THE CITY OF DENTON, DENTON
COUNTY, TEXAS; ABANDONING A PUBLIC UTILITY EASEMENT RECORDED IN
VOLUME 752, PAGE 402, DEED RECORDS OF DENTON COUNTY, TEXAS; AND
DECLARING AN EFFECTIVE DATE.
WHEREIS, the City of Denton has received a request for aban-
donment of certain public utility easements from James S. Clark and
Wife, Kay C. Clark, the owner of certain property affected by said
easements;
WHEREAS, the City Council of the City of Denton has determined
that the easements being vacated are no longer needed for public
use; and
WHEREAS, the fair market value of the easements have been
determined and received in the form of execution of a new utility
easement granted upon the property from James S. Clark and wife,
Kay C. Clark, to the City of Denton, as required by section 272.001
of the Local Government Code and DENTON, TEX., CODE Ch. 2 Art. IV.
(1991); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the easements, as described in Exhibit "A",
attached hereto and incorporated herein by reference, are perman-
ently vacated and extinguished as easements for public utilities;
provided, however, that there is hereby expressly reserved and
excepted from vacation and abandonment for the property so de-
scribed in Tract II of Exhibit "A", a twenty foot (209) drainage
easement as shown on the final plat of said property recorded at
Cabinet I, page 151, Plat Records, Denton County, Texas,
SECTION Ii That by reason of such vacation the City of
Denton's property interest in the easements shall by operation of
law, revert to the owner or owners abutting the easements herein
abandoned and the City of Denton releases any and all claims to the
use of the property as easements for public utilities.
SECTION III That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
a
AB'rdalts
Date L f 9
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. D^AYOVITCHI CITY ATTORNEY
1
1
"EXHIBIT A" Ad ndu~l;lnr S~C
TRACT I
l~
ALL that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas in the A.
GIbsofonForrestSurvey, Abstract
Section Number an 498 and being addition to the City o of lDenton,t
recorded in Cabinet C, Page 12 of the Plat Records of Denton
County, Texas and being more particularly described as follows:
BEING a 161 strip of land west of and adjacent to the east line of
said Lot 1 as shown on said. Forrestridge Section II plat.
TRACT II
ALL that certain lot, tract or parcel of land lying and be!.ng
situated in the City and County of Denton, State of Texas in the A.
Gibson Survey, Abstract Number 498 and being all of that tract
conveyed from Fort Worth Savings and Loan Association to the City
of Denton by easement deed recorded in Volume 752, Page 402 of the
Deed Records of Denton County, Texas and being more particularly
described as follows:
BEGINNING at the southwest corner of Montecito Subdivision at a
point in the south right-of-way line of El Paseo;
THENCE south 000 321 31" west a distance of 2354.81 feet to a
point for corner in the north right-of-way line of Ryan Road;
THENCE south 890 20' 20" west with said Ryan Road a distance of 20
feet to a point for corner;
THENCE north 000 321 31" east 2354.78 feet to a point for corner;
THENCE north 890 141 33" east a distance of 20 feet to the POINT OF
BEGINNING and containing 1.08 acres of land.
AEE00291
3501 FORRESTRIDGE DRIVE
LOT I IN BLOCK G OF FORRESTRIDGE SECTION 11 AN ADDITION TO THE ~eITY OF DENT3N,'WAT.-v, ~
ACCORDING TEXAS.
DENTON COUNTY, THEr MAP THEREOF RECORDED IN CIABINET 'C', PAGE 12, OF, THE{pL9Z g~CORpS 0~
EASEMENT TO THE CJTY OF DENTON FEED 07123175 RECORDED
IN VOLUME 752, PAGE 402, DEED RECORDS OF DENTON COUNTY
TEXAS, DOES AFFECT THIS LOT,
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604 W4 ` Ian" - fn( ; FINAL PLAT
OF 23.059 ACRES
ESTATES OF FORRESTRIDOE SECTION I
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OPPLi I Tq .S:.o M 1' 1 313 lN'
LOCATION MAP
n
Avri43No_ 9-,~d
Minutes A~cndafle+n ~S c
Planning and Zoning LL1e_LDQfQg
July 14, 1993
Page 18 D v
Drive between Ticonderoga and La Fayette Drives.
STAFF REPORT: by Owen Yost. Mr. Yost reported that the
request was to turn two lots into one. There are no public
improvements needed. However, an electric transformer will be
moved at the property owners expense. The development is
located in a single family (SF-10) zoning district. Mr. Yost
said because it was a residential replat the recommendation
would be forwarded on to council.
Mr. Glasscock recommended approval of the preliminary and
final replats of Lots 20 and 21, Block 35, Southridge East
(Phase 1) Addition] into Lot 20R. Dr. Huey seconded and the
motion carried unanimously.
VI. Consider easements abandonments on the east sid4 of Lot 1,
f block G, of Forrestridge Section II in exchange for granting
easements on the north and west side of the lot.
STAFF REPORT: by David Salmon. Mr Salmon reported that Jim
and Kay Clark, 3501 Forrestridge Drive have requested that the
City abandon the easements across the rear of their lot as
shown in the back up material. In exchange for the
easementeonsthethey
nortVea.,agreed
westtside grant
of their clot additional new ement will onstheir lot. accommodat all of the ft. easement on Lott 1. Block public utilities
that was
dedicated in the plat for Forrestridge, Section Two and the 20
ft. utility easement that connects E1 Paseo to Ryan Road are
not occupied and will not be needed for future utilities.
RECOMMENDATION: The Development Review Committee recommended
approval.
Dr. Huey asked why the easements were being abandoned.
Mr. Salmon said the easement they are willing to dedicate in
the front of their building will be more beneficial for all
concerned. All lots in Estates of Forrestridge and
Forrestridge Three have the utility easements on the front of
the project.
Mr. Cooper made the motion to recommend approval of the
petition to abandon easements on the east side of Lot 1, Block
L G, of Forrestridge Section II. Mr. Glasscock seconded and the
motion carried unanimously (4-0).
VIi. Chairman Engelbrecht suggested that the two items left on the
agenda for the Director's Report be left for the next meeting
=C I' Y
I
-CQUNCI
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AOIfId1Hd r_
ApleCdtl
CITY COVN IL oSonoT FORMAT Omte 1d ~q'
TOs Mayor and Members of the City Council
FROM$ Lloyd V. Harrell, City Manager
SUBJECTS Easement Abandonment - Ben E. Keith Beers
RECOMMENDATIONS
The Development Rsvlcw Committee and Planning and Zoning Commission recommends
approval.
SUMKARYLM0jR2U0S
Recently, the Hen E. Keith tract, known as the Santa Fe Addition, was replotted.
This plat combined two lots, dedicated additional right-of-way along Oak Street,
dedicated a utility easement along the 135 service road, and abandoned a utility
easement along the west side of the lot. At that time, we discovered the need
to abandon an existing public utility easement obtained by separate document in
1979 to accommodate an electric transformer. The transformer and conductors were
therelocated ea The attached bplatiillustrates the location of location the public
utility easement to be abandoned.
PROGRAMS. DEP pTMFNTS. OR GROUPS AFFECTEDS
Utility Department and Engineering/ROW
FISCAL I P C
None
FULLY S I EDS
L oy Harre _
Pre ared b City Manager
Pau amson
Engineering Tech II/ROW
Approveds
Je ry 11i'r
Di or ~f En ineering a Transportation
ASE00290/14
' f:\4ADOCS\DRD\BKEIIX.O
AAA h -''Ci3i19iT1 ~L
ORDINANCE NO. ia 7
AN ORDINANCE ABANDONING A PUBLIC UTILITY EASEMENT ON A TRACT OF
LAND BEING A PART OF THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, AND
BEING PART OF LOT NO. 1, BLACK 1 OF THE SANTA FE ADDITION TO THE
CITY OF DENTON, DENTON COUNTY, TEXAS AND AS FURTHER DESCRIBED IN AN
EASEMENT FROM BEN E. KEITH COMPANY TO THE CITY OF DENTON, TEXAS
RECORDED AT VOL. 945, PAGE 6061 REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for abandon-
ment of a certain public utility easement from William Coleman on
behalf of Ben E. Keith Beers, the owner of certain property af-
fected by said easement;
WHEREAS, the City Council of the City of Denton has determined
that the easement being abandoned is no longer needed for public
use; and
WHEREAS, determined and t received as market required by section 272,001 of the Local
Government Code and DENTON, TEX., CODE Ch. 2 Art. IV (1991); NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS3
AZgTjPA_j. That the easement# as described at-
tached hereto and incorporated herein by reference, is permanently
abandoned and extinguished as A easement for public utilities.
ACTION Ii. That by reason of such abandonment the City of
Denton's property interest in the easement shall, by operation of
law, revert to the owner or owners abutting the easement herein
abandoned and the City of Denton releases any and all claims to the
use of the property as An easement for public utilities.
SEC'PION III. That this ordinance shall become effective immed-
iately upon its pasvage and approval.
PASSED AND APPROVED this the ~ day of , 1993.
BOB CASTLESERRY, MAYOR
qC^~aNo 93~
ATTEST: 3
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL CONTENT:
DEBRh A. DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 2
v
a
"EXHIBIT All NN /
ALL that certain lot, tract or parcel of iandVIVA q3 -af~D
y situated in the City and County of Denton, Stdt6'C6M,7
being part of the E. Puchalski Survey, Abstract No,~ 996,
part of Lot No. it Block 1 of the Santa Fe Additi , "n7s-a
the City and County of Denton, and also being part of a tract of
land as conveyed from the Atchison, Topeka and Santa Fe Railway
Company to Ben E. Keith Company by deed dated March 18, 1977 and
recorded in Volume 826, Page 560 of the Deed Records of Denton
County, Texas, and more particularly described as follows:
COMMENCING at the southwest corner of said Lot No. 1, Block 1 of
the Santa Fe Addition;
THENCE north 22" 321 west along the west boundary line of said
tract, a distance of 136.0 feet to a point for corner;
THENCE north 67° 281 east a distance of 16.0 feet to the place of
beginning;
THENCE north 670 28t east a distance of 140 feet to a point for
corner;
THENCE south 220 321 east a distance of 16 feet to a point for
corner;
THENCE south 670 281 west a distance of 140 feet to a point for
corner;
THENCE north 220 32f west a distance of 16 feet to the place of
beginning.
AEE0028C/5
•,J
~r^~aNa
Planning and Zoning Commission Aa rdalle ~ S vt,
Minutes for 9/8/93
Page 2 ";'2 rll9_/
D
RECOMMENDATION: Staff recommended approval of Z-93-021
Public hearing was closed,
Mr. Cochran moved to approve Z-93-021. Barbara Russell
seconded and the motion carried unanimously (6-0),
III. Hold a public hearing to consider a request by the city of
Denton for an amendment to a detailed plan for a portion of
Planned Development No. 16. The 3.396 acre tract is located
approximately 640 feet south of Teasley Lane, on the west side
of F.M. 2181.
STAFF REPORT: by Owen Yost
Mr. Yost reported that the site was for a new branch library
16.1 aTherenewlywilconlsbetrunocted fire
in theainfrastructure
requirements. On 1/9/92 a Detailed Plan was approved by the
City Council amending approximately 11.2 acres of PD-16, in
part for use as a City of Denton fire station and branch
library, The proposal is a further refinement of the approved
detailed plan. The proposed plan shows a reconfigured parking
lot and lowers the maximum height of the building from 45 feet
to 30 feet.
Dr. Huey asked what will be changed.
Mr. Yost said the footprint for the fire station and the
library is being changed. There will be parking closer to the
building and the landscaping has been changed on the plans.
The architectural treatment for the main entrance between the
two buildings will be a little different.
Eva Poole, Library Director explained about the parking.
IN FAVOR: None
IN OPPOSITION: None
RECOMMENDATION: Staff recommended approval of Z-93-016.
Public hearing was closed.
Dr. Huey moved approval of 2-93-016, Mr. Cochran seconded and
the motion carried unanimously (6-0).
IV. Consider easement abandonment on Lot 1R, Plock 1 of the Santa
Fe Addition.
fi AgoitNa
Planning and Zoning Commission
Minutes for 9/8/93
Page 3
STAFF REPORT: by David Salmon
Mr. Salmon explained that the easement was obtained in 1979 to
accommodate an electric transformer, The transformer and
conductors were relocated several years ago and a building was
constructed over the easement tract. He explained that when
an easement is created by separate document you must get rid
of it by separate document. The request is basically a clean
up request. Mr. Salmon said there is a building over the
space at the current time.
RECOMMENDATION: Staff recommended approval.
Mr. Norton moved to approve the abandonment. Dr. Huey
seconded and the motion carried unanimously (6-0).
Mr. Cochran left at 5:45 p.m.
V. Work Session:
The new zoning ordinance, MXD, bufferyards, and
administrative discretion,
Mr. Robbins conducted the work session. He informed the
commission that the council did not approve the rewrite of the
zoning ordinance. No outside legal services were budgeted
for. Mr. Robbins said the outside legal services for the
rewrite were not available in the budget that was approved for
93-94.
A discussion was held to better inform the commission about
the MXD district and the things that were involved in the
rewrite. Barbara Russell and Dick Norton emphasized the
importance of the rewrite and the MXD districts, Mr. Bates,
a member of the Zoning Task Force, asked the commission to
remember that the MXD zoning had two sides, and they should
not put on the demands without giving the developer some of
the flexibility that could be offered with the mixed use
districts. Ms. Russell said she understood about the new
budget, but felt that the Commission should present something
to Council letting them know how the Commission felt about the
importance of the zoning rewrite and the MXD districts. It
was the general consensus that the work should continue,
possibly for the next budget.
VI. Director's Report
* PD-16 minor amendment
N
1
\ 1
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SANTA FE ADDITION, BLOCK 1
BEING A REFLAT DF LatS I & 2.
CITY L COUNTY OF DENTDK TEKAS
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CITY COUNCIL REPORT FOJIMaT"►-j)-~D
TOS Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTS Abandoning a portion of the public street right-of-way at Mulkey and
Addra Lanes
RECOMMENDATIQNi
Approve ordinance
SUNW-YI
The adjacent property owner, Jim and Tina Jezek have requested a portion of the
Audra Lane street right-of-way be abandoned. The proposed abandonment tract lies
outside of the required right-of-way for a secondary major arterial (80'). Audra
Lane has this designation as illustrated on the long range thoroughfare plan.
SACQROUNDI
The excess right-of-way in question was created when Audra Lane was reconstructed
and realigned in a previous city street paving program. This strip will not be
needed for street widening, but a utility easement will be retained for existing
and future utilities.
PROORAMS, DEPARTMENTS OR GROUPS AFFECTEDi
EngineerJnq and Transportation
FISCAL IMQACTe
Property would be added to tax roll
SPE LY SU TEIYi
L cy Harry 11
City Manager
Pre red bye
Roger N. Wilkinson
Supervisor of Engineering Techs
Approvede
is ar
D rme r of ginearing 6 Transportation
AEE0029C/13
Eo\WOOCf\ONDWIA~A.O
ORDINANCE NO. D
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY LOCATED AT THE INTER-
SECTION OF NUMy LANE AND AUDRA LANE, AS MORE PARTICULARLY
DESCRIBED HEREIN: AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for
abandonment of certain public street right-of-way from Jim Jezek
and wife, Tina Jezek, the owners of certain property affected by
said right-of-way)
WHEREAS, the City Council of the City of Denton has determined
that the easements being vacated are no longer needed for public
use: and
WHEREAS, the fair market value of the right-of-way has bean
determined and received as required by section 272.001 of the Local
Government Code and DENTON, TEX., CODE Ch. 2 Art. IV. (1991): NOW
THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the 3364 square feet of the public street
right-of-way located at the intersection of Mulkey Lane and Audra
Lane, being more particularly described in Exhibit "A", attached
hereto and incorporated herein by reference, is abandoned and
vacated: provided, however, that there is hereby expressly reserved
and excepted from vacation and abandonment for the property, a
utility easement for the purpose of constructing, reconstructing,
repairing, and maintaining underground utility and drainage lines
and facilities.
SECTION II. That by operation of law the City of Denton's
property interest in the street right-of-way herein abandoned and
vacated shall revert to the abutting property owner, whether one or
more, and the City of Denton hereby roleasse all claims to the use
of the property for street purposes.
SECTION III, That this ordinan.a shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
I y
i
y is .
A901c13No_.9j
A~~^do'iie R6 APE
ATTEST:
JENNIFER WALTERSO CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
D BRA A. DRAYOVITCH, CITY ATTORNEY
BY
PAGE 2
s
A metes and bounds legal description provided by the city of Denton
Engineering Department is reproduced here:
ALL that certain lot, tract, or parcel of land situated in the City
of Denton, Denton county, Texas and being a part of Mack Addition
to the City of Denton, Texas according to the plat recorded in
';oliime 7, Page 25 of the Plat Records of Denton County, Texas and
being more particularly described as followst
BEGINNING at the southwest corner of Lot 60 Block 4 of said Mack
Addition;
THENCE south 470 570 3011 west with the northerly right-of-way line
of Audra Lane 183.47 feet to the beginning of a curve to the right
whose center point bears north 420 021 30" west 25.0 feet]
THENCE with said curve through a central angle of 780 55f 10" a
distance of 34.43 feet to a point in the east line of a tract shown
by deed to the City of Denton, recorded. in Volume 410, Page 425 of
the Deed Records and also being in a curve to the left whose-center
point bears north 890 55' 45" east 29.09 feet;
THENCE with acid curve to the left through a central angle of 1400
43' 25" a distance of 71.45 feet to a point for corner in a curve
to the right whose center point bears south 320 38f 08" east
2864.93 feet;
THENCE with said curve to the right through a central angle of 30
401 56" a distance of 184.12 feet to the Point of Beginning and
containing 3364 square feet of land.
AEE00015/59
a
109 ALORA LAME
Tory arY boor ~ t4qrH DENMU or ccolamlV6rro~ BLOCK £OF i41CX ApgTjpl. AN AOGYTKW
PBr PLAT RECOWos of ray C~OfAyrv, TEXAS, r,Ri-C~ VOL 7 PAGE
i l LOT y
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! ey1 ~~r• EAST „ueirnrnILA. #rM Cr 'M t*
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9}
F
MINUTES
PLANNING AND ZONING COMMISSION
December 16, 199
The special called meeting of the Planning and Zoo ion omen ssi nl6f
the City of Denton, Texas was held at 5100 p
1992, in the council Chambers of City Hall, 215 East McKinney
Street.
, Katie
Presents Mike Cochran,
Ivan Glasscock, Mary EvelynnHuey,/ and Melvin
Flemming,
Willis
Present from Staff i Frank Robbins, Executive Director for Planning
r,Urban Plnner aAssistant d City Salmon,
neerl Mike Suek Attorneyi Janet
Simpson, Parks and Reoreationi Gerald Cosgrove,
Water/ We spections; s and Olivia Carson, secretary
Chairman Engelbrecht called the meeting to order.
I, Minutes
V.
Mr. should gread "East Oaks Phase hIII" a rather for than s Phase I 5
It was moved by Mr. Glasscock, seconded'by No.
the corrected Huey, nd
unanimously carried (7-0) to approve
from the meeting of December 2, 1992.
on located
and land
Haggard Road. and
ii. Con thes east of cNorth t Lakes l Park park
Mr. Robbins stated that the City Council has voted to accept
the property contingent on a recommendation to rho sod ffrom
ins
the Plannig and park land. Zoning Staff fools that it would be property a ad
existing p
ate to acquire the land but is unsure exactly how it will be
used.
Motion was made by Mr. Glasscock and seconded by Mr. Cooper
to acquire the land.
Mr. Engelbracht asked about having a foot bridge installed.
Ms. Simpson stated that the Parks Department id proposing to
wait until they have the funds to do a trail and then they
would build a bridge across the drainage channel. Right now
there are no funds for maintenance will most likelycomefromthe Capital improvements Program.
I
s
Piz Minutes
December 16, 1992
Page 2 C,
mously (7-0).
III. Consider Right-of-Way abandonment on Audra Lane.
Mr. Salmon stated that the property owner has requested that
the city abandon excess right-of-way on Audra Lane where it
joins Mulkey. The excess right-of-way was created in the
70s when the road was realigned. The owner wants to add to
the house and needs the property to most setback require-
ments. on question, Mr. Salmon explained that Audra used to
tee into Mulkey. The City has since acquired other right-
ot-way and the portion to be abandoned lies along the old
road. Staff recommends approval of the abandonment.
Mr. Cooper moved to approve the abandonment of the excess
right-of-way on Audra Lane. Notion was seconded by Mr.
Cochran and unanimously carried (7-0).
IV. Consider an easement abandonment in the Minter Addition, Lot
2, Block A, near the intersection of Newton i Wilson
Streets.
Mr. Salmon stated that a school is being built on this site.
The site consists of several properties that were platted
together. Several utilities were relocated during the
platting process to provide enough room for the building
site. The entire flood plain was dedicated as a drainage
easement. The purpose of the abandonment is to get rid of
overlapping easements that are redundant and easements which
have had the utilities moved out of them. The Development
Review Committee looked at this proposal closely to make
sure that easements weren't being abandoned that would be
needed. Staff recommends approval.
It was moved by No. Huey, seconded by Mr. Willis, and
unanimously carried (7-0) to approve easement abandonment in
the Minter Addition, Lot 20 Block A.
V. Consider approval of the final plat of Lot 2, Block A,
Exposition Mills, being a 1.609 acre tract of land.
STAFF REPORTI Me. Feshari presented the staff report
(attached).
Mr. Cooper questioned the looition of the sewer line.
No, Feshari said that the building will not be over the
,
309 ALORA LANE
L07 l6d,EEXCEPT rw NoRm YO' of me EAST 166 BLOCK t Or i'44 :K ADCYr*% AN ADDITION
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CITY COUNCIL REPORT FORMAT X10~-~ F~
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Consider an ordinance providing for the renaming of
Farris
Greenfield Lotl as shown
Block 1, o to t Grant parkway
Road Addition
Rf CO IENDATION:
The Historic Landmark Commission and Planning and Zoning Commission
recommends approval.
&V9j&RX ACKGRQUND:
The first plat on this street DISD-FARRIS ROAD ADDITION, designated
the southern half of this street as Greenfield Parkway. This plat
was accepted on June 18, 1986. This was a final plat. The second
plat on this street Greenfield Woods Addition, designated the north
half as Grant Parkway. This plat was accepted on August 12, 1987.
Each of these plats only dealt with half of the street and neithsr
altered the other. In effect, there are two streets, side by side,
joined in the middle. The residences and school in that area are
currently using Grant Parkway as their street name. This ordinance
will correct the .reet FARRIS ROAD
conflictslinOthat larea and will
mitigate any potential st
PROGiLMS DEPARTM£N ^ OR RG OUpg RFFECTEQ3
Engineering d Transportation Department
FI SCAt. IMPACT s
None
4RESP ULLY MITTE oyd V. Harrell
City Manager
Pre red byt.,
N IT t e-
Approved:
N e U/S
A E 29
r
Et\WP000S0AD\GRANTPKY.0
AGAR 1150, g3"v7v._.__.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RE-
NAMING OF A PORTION OF GREENFIELD PARKWAY TO GRANT PARKWAY► AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS!
SECTION I. That a portion of the street officially designated
as Greenfield Parkway, being a public street connecting from the
north/south portion of Greenfield Woods Parkway to Farris Road is
renamed as Grant Parkway, as illustrated in the attached Exhibit A,
which is incorporated and made a part hereof.
SECTION II. That the Executive Director of Planning and Devel-
opment
chage in the ntreet naa m as provided i herein. Denton to
reflect the directed
,91911ON IIi. That the City Engineer shall have a copy of this
ordinance filed in the Real Property Records of Denton County,
DBI.S.D Fcorrect the original arris Road Addition, Lot t 1, a Block 1, recorded dedication at Vol.
2081, Page 511, Real Property Records, Denton Council, Texas, a
copy of which is attached as Exhibit B.
$ECTION_IIl. That this ordinance shall become effective imme-
diately 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
BYS
l
EXHIBIT A ~P„~1No ~.4 ``~~o
'w--
5NALLSE.M" SoLa Y A5s
`169ANr PARKWAY"
0 s9vt4W orV -ot FWAL PLAT of Tw&
(SA"m FIU4Ooo0bAMMom" If As PER
STREtT W4KA-flaM U08I, P. Sll
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5MALL REMAIN AS:
'GREFW FiVELO WOOOS PIAMWAWk
A5 PEA STR4&-r Mp I GAT I oN
v0 gujm ZOS I I PAwE 5011
ReAL PR~Itt~ ~F.faR05, t'~+a Caer
\\v KIN6,s ROW
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W ADDITION
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-L
1110 HICrnltlil 9C. S drarar pal' CITY Of DENTON
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1"sr.-fi"•_ Ili. 779.1
6
P&Z Minutes An.-L. n,_~s~ _
DRAFT
February 24, 1993 CL':a_~1r1~VA4
Page 16 lo G,,/
VII. Consider approval of three street name changes:
a. An east/west section of "Evers Parkway" changed to
"Cobblestone Row".
b. A platting error correction that confirms "Grant
Parkway" as the official street name designation.
o. An east/west section of "Mesa Drive' to Barcelona
street".
STAFF REPORT: David Salmon briefed the Commission on the
requested name changes and stated that staff recommended
approval.
Chairman Englebrecht asked if there was anyone who wanted
to speak for or against the name changes.
There was no opposition.
Mr. Cochran made the motion to approve the name changes.
Mr. Cooper seconded the motion.
Motion carried unanimously.
VIII. Work Session.
Discuss and consider public hearing procedures, staff
reports and comments.
Chairman Engelbrecht suggested that they dispense with
the work session till next time.
IX. Director's Report.
Chairman Engelbrecht asked Mr. Robbins to give the
director's report.
Mr. Robbins stated that two cases for the March 10th
meeting would be G. F. Moore and Mountain View. Both of
these cases are outside the regulatory line. If
ordinance approved by Council the Commissioners would not
see the cases.
Chairman Englebrecht adjourned the meeting at 10:00 p.m.
m
f
i
f
Historic Landmark Commission
Minutes of February 8, 1993
Page 2
11. Consider making a recommendation regarding three proposed street name changes.
Mr. Williamson reported that he coordinates the 911 addresses for the City
Engineering Department. He stated that staff has recommended the renaming of
three streets in order to make the 911 system more efficient. He added that the
streets were named incorrectly at the time they were opened. The three streets
include Evers Parkway, Grant Parkway and Mesa Drive.
Mr. Williamson continued that in the case of Evers Parkway, the residents of the
townhomes along the north side of Evers Parkway requested that the street name
be changed to Cobblestone Row. Since there are two streets named Evers
Parkway, many of the residents of the townhomes on the east/West section have
related problems with deliveries, etc. and would like the problem resolved.
In case II, pertaining to Grant Parkway, Mr. Williamson reported that the fast plat
on the street designated the southern half of the street as Greenfield Parkway.
This plat was accepted on June 18, 1986. The second plat, Greenfield Woods
Addition, designated the north half as Grant Parkway and was accepted on August
12, 1987. Each of the plats dealt with half of the street and neither altered the
other. In effect, there are two streets, side by side, joined in the middle. Another
street was built that runs north/south between Greenfield/Grant Parkway and
King's Row. It Is currently Grant Parkway but was called Greenfield Woods
Parkway in the street dedication. Mr. Williamson explained that since no one is
addressed on the streets right now, it would prevent problems from occurring in the
future when development occurred.
The third case pertained to the renaming of the east/wect section of Mesa Drive
to Barcelona Street.
Ms. McCain stated that she felt Greenfield Woods Parkway is a long name.
Mr. Williamson replied that the street was named during the street dedication.
Ms. Bays moved to approve the street name changes as proposed. It was seconded
by Ms. Caldwell and unanimously approved (6.0).
-CITY
COUNCI
T
I— TIM IT.Mll. I
T I
- Loom
1
1
PO
Ma
n
~eOdaIVO
agendalt
Dole
DATE: Oct. 19, 1993
CITY NUNCIL REPORT FORMAT
REGULAR SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Texas Municipal Retirement System (TMRS) - Senate
Bill 505 Provisions
F COFM4__.LNDATjOM:
It is the staff's recommendation that the City Council adopt an ordinance
provtdin+ city employees the provisions of TMRS Senate Bill 505, effective
January 1, 1994.
SUMMARY;
The Texas Municipal Retirement System (TMRS) Act allows member cities to
adopt an ordinance to provide improvements to the level of benefits
provided.
The provisions of Senate Bill 505 improve retirement eligibility
requirements, increase survivor benefits, and improve the occupational
disability benefits for employees participating in TMRS.
This benefit change was proposed to the City Counci' and funding was
approved as a part of the TMRS enhancements in the 1993/94 Budget.
9 (GROUND:
In September 1987, the Texas Legislature passed Senate Bill 505 (SB. 505),
amending the Texas Municipal Retirement System (TMRS) Act. The primary
objectives of the amendment were to enhance 1MRS retirement benefits and
provide TMRS member-titles a mechanism to attract and maintain a quality
workforce in local governments. The benefits of SB 505 to cities and
employees are as follows:
1. Provides for standard service years and age eligibility requirements
for cities.
2. Provides the survivor (i.e., employee's spouse) of vested employees
the option to elect survivor benefits if the employee dies before
retirement. Therefore, it rewards the employee's family for
dedication and long service to the City.
3. Provides occupational disability retirement for employees with
a job-related disability.
i No
Oct. 19, 1993
City Council Report - TMRS - SB 505
Page 2
BXRAMy DAP RTMEMTS 0 _G OUPS FA FECTE6
These enhancements to TMRS will be available to all employees eligible to
participate in the Texas Municipal Retirement System and who meet the
provisions of the law.
FISCAL IMPACT:
Effective January 1, 1994, the City's TMRS contribution rate will increase
by approximately .21% with the adoption of this ordinance. The estimated
cost to the General Fund is $16,905 Total City estimated cost for all funds
is ;32,204. Funds for this improvement were approved by the City Council
with the adoption of the 1993/94 Budget.
Respectfully submitted:
oyd Harrell
City Manager
Prepared by:
p
Thomas N. K 1nck, Director of Human Resources
Approved:
e y Mc Kea , Executive Director
Municipal rvices and Economic Development
ccrPtNp. tM
PropAred: 10/t/ t)
Ea\4F1D0C6\0R0\TMR1
ORDINANCE NO.
AN ORDINANCE AFFECTING THE PARTICIPATION OF CITY EMPLOYEES IN THE
TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS,
CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 854.202(F), 854.2041
854.405, 854.406 AND 854.410 OF TITLE 8, V.T.C.A., GOVERNMENT CODE,
AS AMENDED: AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That pursuant to the provisions of Sections
854.202(f), 854.2040 854.405, 854.406 and 854.410 of Subtitle G of
Title 8, V.T.C.A., Government Code, as amended, which Subtitle
shall herein be referred to as the "TMRS Act," the City of Denton,
Texas, adopts the following provisions affecting participation of
its employees in the Texas Municipal Retirement System (which
retirement system shall herein be referred to as the "System"):
(a) Any employed of this City who is a member of the System is
eligible to retire and receive a service retirement annuity, if the
member has at least 25 years of credited service in that System
performed for one or more municipalities that have participation
dates after August 31, 1987, or have adopted a like provision under
Section 854.202(f) of the TMRS Act.
(b) If a member to whom subsection (b) of Section 854.204 of
the TMRS Act is applicable, shall die beforo becoming eligible for
service retirement and leaves surviving a lawful spouse whom the
member has designated as beneficiary entitled to payment of the
member's accumulated contributions in the event of the member's
death before retirement, the surviving spouse may by written notice
filed with the System elect to leave the accumulated deposits on
deposit with the System subject to the terms and conditions of said
Section 854.204(b). If the accumulated deposits have not been
withdrawn before such time as the member, if living, would have
become entitled to service retirement, the surviving spouse may
elect to receive, in lieu of the accumulated deposits, an annuity
payable monthly thereafter during the lifetime of the surviving
spouse in such amount as would have been payable had the member
lived and retired at that date under a joint and survivor annuity
(Option 1) payable during the lifetime of the member and continuing
thereafter during the lifetime of the surviving spouse.
(c) At any time before payment of the first monthly benefit of
an annuity, a surviving spouse to whom subsection (b) applies may,
upon written application filed with the System, receive payment of
the accumulated contributions standing to the account of the member
in lieu of any benefits otherwise payable under this section. In
__l_o Lq 3
the event such a surviving spouse shall die before payment of the
first monthly benefit of annuity allowed under this section, the
accumulated contributions credited to the account of the member
shall be paid to the estate of such spouse.
(d) The rights, credits and benefits hereinabove authorized
shall be in addition to the plan provisions heretofore adopted and
in force at the effective date of this ordinance pursuant to the
TMRS Act.
(e) Any employee of this City who is a member of the System is
eligible to retire and receive a "standard occupational disability
annuity" under Section 854.408 of the TMRS Act or an "optional oc-
cupational disability retirement annuity" under Section 854.410 of
the TMRS Act upon making application therefor upon such form and in
such manner as may be prescribed by the Board of Trustees of the
System, provided that the System's medical board has certified to
said Board of Trustees: (1) that the member is physically or
mentally disabled for further performance of the duties of the mem-
ber's employment; (2) that the disability is likely to be perma-
nent; and (3) that the member should be retired. Any annuity
granted under this subsection shall be subject to the provisions of
Section 854.409 of the MRS Act.
(f) The provisions relating to the occupational disability
program as i:et forth in section (a) above are in lieu of the
disability program heretofore provided for under Sections 854.301
to 854.308 of the TMRS Act.
SECTION II. That this ordinance shall become effective on the
lot day of January, 1994, provided that it has previously been
determined by Actuary for the System that all obligations of the
City to the municipality accumulation fund, including obligations
hereby undertaken, can be funded by the City within its maximum
contribution rate and within its amortization period.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PAGE 2
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A~;rdaltem ~,~G
LO
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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PAGE 3
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Agenda Ile
Date
DATE: Oct. 19, 1993
CITY CO1.1NQA RUM FORMAT
REGULAR SESSION
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Texas Municipal Retirement System (TMRS) - Restricted Prior
Service Credit
RECOMMEHDATIOR~
It is the staff's recommendation that the City Council adopt an ordinance
effective January 1, 1994, to provide the addition of Restricted Prior
Service Credit for eligible employees to the Texas Municipal Retirement
System benefit program.
SUM ")L
The Texas Municipal Retirement System (TMRS) Act allows member cities to
adopt, by ordinance, a Restricted Prior Service Credit provision. This
provision allows any employee participating in TMRS to gain service credit
for government service performed in any incorporated city or town in the
United States or with any Texas Council of Governments (COO) organization.
The service credits are time credit only (no monetary credit) and count
toward vesting requirements and eligibility for retirement.
This item was proposed to City Council and approved as a part of the TMPS
enhancements in the 1993/44 Budget.
BACKGROUND:
In 1993, the Texas Municipal Retirement System (TMRS) Act was amended to
allow member cities to adopt an ordinance for a Restricted Prior Service
Credit provision. This provision allows any employee participating in TMRS
to purchase credit for service in an incorporated town or city in the U.S.
or a Texas Council of Government (COG). The service credits are time credit
only (no monetary credit).
The following conditions must be met before an eligible employee may
gain Restricted Prior Service credits:
1. The City must have adopted the Restricted Prior Service Credit provision
by City Council ordinance.
2. The Restricted Prior Service must have been performed in an incorporated
city or town in the United States, or in a Texas COO. Th;s is verified
by the offlcia' in the city charged and authorized to perform such
duties, such as a City Secretary or City Clerk..
3. The employee applies to TMRS for the service credit on forms prescribed
by TMRS.
• ~~:i;r~rlsr~ s~~~l
cu~~!oJC2J9-~.
Oct. 19, 1993
City
Cty Council Report - iMRS - Restricted Prior Service Credit
Page 2
In essence, the employee is applying for service credit instead of monetary
credit. This program is designed to assist employees In gainfng service
credit for vesting requirements or for retirement eligibility requirements.
PROGRAM, DEPARTME TS 4R GRGUPS AFFRTEQI
The Restricted Prior Service Credit enhancement to TMRS will be available to
all employees eligible to participate In the Texas Municipal Retirement
System and who meet the provisions of the law.
FISCAL IMPACT:
Since there is no monetary credit for Restricted Prior Service Credit
provision, the City's TMRS contribution rate will riot be affected. There is
no cost to the City by adopting this provision.
R
espectf 71y submitted:
C~v
Ll y V. Harrell
City Manager
Prepared by:
Thomas W. K nck, Director of uman Resources
Approved;
9e McKean, Executive Director
Municipal Ser ices and Economic Levelopment
ccrpt/U. to
PrspArA07 09/rf/02
i
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE
TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE. CREDIT
TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY
PERrORMED FOR ANY INCORPORATED CITY OR TOWN IN THE UNITED STATES OR
ANY COUNCIL OF GOVERNMENT IN TEXAS, AS PROVIDED IN SECTION 853.305
OF TITLE Be V.T.C.A., GOVERNMENT CODE, AS AMENDED, FOR WHICH SUCH
EMPLOYEES HAVE NOT RECEIVED CREDITED SERVICES, EFFECTIVE JANUARY 11
1994; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That on the terms and conditions set out in Section
853.305 of Subtitle G of Title 81 V.T.C.A., Government Code, as
amended (hereinafter referred to as the "TMRS Act"), each member of
the Texas Municipal Retirement System (hereinafter referred to as
the "System" who is now or who hereafter becomes an employee of i
this City shall receive restricted prior service credit for service
previously performed as an employee of any incorporated city or
town in the United States or any Council of Governments in this
State for which the person has not otherwise received credited
service in this System, including combined service credit under
Chapter 803. The service credit hereby granted may be used only to
satisfy length-of-service requirements for retirement eligibility,
has no monetary value in computing the annuity payments allowable
to the member, and may not be used in other computations, including
computation of Updated Service Credits.
SECTION II. That a member seeking to establish restricted
prior service credit under this ordinance must take the action
required under said Section 853.305 while still an employee of this
City.
SECTION III. That this ordinance shall become effective on the
1st day of January, 1994.
PASSED AND APPROVED this the day of , 1993.
i
BOB CASTLEBERRY, MAYOR
I
lei i'J~ILIf~ ~ _
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHs CITY ATTORNEY
BY: PAGE 2
-
CITY
COUNC1
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apandaNo.
ApeMalt
DATE: Oct. 19, 1993 Date
All
CITY 9OUNC.LL REPORT FORMAT
REGULAR SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Texas Municipal Retirement System (TMRS) - Military Service Credit
RECOKM-FNDAT._ QN:
It is the staff's recommendation that the City Council adopt an ordinance
approving the provisions of TMRS related to Military Service Credit for
eligible employees effective January t, 1994,
MuRys
The Texas Municipal Retirement System Act allows member cities to adopt, by
ordinance, a Military Service Credit provision, This provision allows
vested employees (10 years of service In TMRS) to purchase credit for active
military duty up to a maximum of 60 months. The service credits are time
credit only (no monetary credit) and count toward eligibility for retirement
only.
This benefit item was proposed to City Council and approved as a part of the
TMRS enhancements in the 1993/94 Budget.
B G? MMI
In 1989, the Texas Municipal Retirement System Act was amended to allow
member cities to adopt an ordinance providing service credit for active
service in the military. This provision allows employees with 10 years of
service in TMRS to purchase credit for active military duty up to a maximum
of 60 months. The service credit is used by the eligible employee to meet
minimum time in service for retirement.
The following conditions must be met before an eligible employee may
purchase Military Service Credit:
1. The City must have adopted the Military Service Credit provision by City
Council ordinance.
2. The Military service must have been performed on active duty in the
Armed Forces or Armed Reserve of the United States (or their
auxiliaries), and the eligible employee must have been released on terms
other then dishonorable,
3. The member must deposit into tlo City's TMRS account an amount equal to
$15 for each month of military service being purchased, with a maximum
purchase of 60 morths.
4, when the employee retires, the City will match the employee's cost.
In essence, the employee is; purchasing service credit instead of monetary
9
r,;s z
Oct. 19, 1993
City Council Report - TMRS - Military Service Credit
Page 2 a~
credit. If an employee with some years or, months of military service
terminates employment from the City prior to becoming eligible to purchase
credit, the employee will not be eligible to purchase such credits,
PROGRA_!!S, DEP(yRTN€NTS OR GRQ~PS_pFFfCTEO:
The Military Service Credit enhancement to TMRS will be available to all
employees eligible to participate in the Te>as MuoicIGdl Pet•rement System
and who meet the provisions of the law.
Fj SCAB PA-91!
The City is required to pay $30 per month for each inunth of military service
the employee purchases (up to a maximum +jf 60 montlis), However, the City is
allowed to amortize the cost over, 25 ;ears. The maxinium outlay required of
the City for an employee who exercises his or her option is $1,800, and this
can be amortized over 25 years. Thus, there will be no increase in the
City's TMRS contribution rate.
Respect ly submitted:
Lio V. Harrell
City Manager
Prepared by:
Thomas W. Klinck, Director of Human Resources
Approved;
Betty McKean Executive Director
Municipal Services and Economic Development
CCrptJJd. t,r
F r~p~r~dr 10/1/i!
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ORDINANCE N0.
AN ORDINANCE ALLOWING CERTAIN EMPLOYEES
y
OR HEREAFTER PERFORM ACTIVE SERVTCEIN THE THE CITY, WHO PERFORMED
RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE TCON-
CREDIT
DIEDIT WITH H THE APPLY TEXAS AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL
TIONS OF MUNICIPAL RETIREMENT SYSTEM FOR LIMITED POR_
SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE
CITY OF ITS SHARE OF THE COSTS OF ALLOWING CREDITS] AND
PROVIDING AN EFFECTIVE DATE. SUCH
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Chapteor~853, i Title That 8, pursuant as
to Section 853.502, Subchapter F of
Government Code
Denton hereby elects to allow eligible Members in it t employment y
establish credit in the Texas Municipal Retirement System for
active militar to
or armed forces service performed as a member of the armed forces
the
reserves of the United States or an auxiliary of
used herei nfshall be thosedempforces reserves. loyees meeting the criteria
in Sections 853,502 b Eligible members as
amount and use of creditaand ble8Militarofservi Subchapter fi e8 ether the
set forth in Section 853.505. Y rvice shall be as further
service her, aer That in order to establish credit for military
Retirement System a member must deposit with the Texas Municipal
Employees saving Fu din that member's individual account in the
which credit is sou ht, an amount equal to the number of months for
recognizes that its accounttialthe Municipalit The City Accumulation
is to be charged at the time of the member's r tirem retirement
amount equal to the accumulated amount paid by the member for
matching ra iocinoeffect atlthe d to the member a
militar Y e current service
Y service credit, ppliea for such
day °1ECTiON IIT
This ordinance shall become effective on the _
1994.
2993, PASSED AND APPROVED this the
. ` day of
508C' EBE'RpYt MAYOR
AponFaNo.__ 93-os~o
Agcatlaltem S ~~r
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCR, CITY ATTORNEY
BY:
PAGE 2
=CITY_
- COUNCI
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14
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ApeadaNo~
AvWait
Date C C.
-3
DATE: 14/19/93 ~t,pG / 3
CITY COUNC-LL-REPORT FQ(2MkT a
REGULAR SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Texas Municipal Retirement System (TMRS) - 6 Percent 2:1
KOMMENQAj_o;
It Is the staff's recommendation that the City Council adopt an ordinance to
increase employee contributions into the Texas Municipal Retirement System
from 5 percent to 6 percent, effective January 1, 1993. The City's current
2:1 matching ratio will remain the same.
SUMMARY:
The Texas Municipal Retirement System Act allows member cities to adopt an
ordinance enhancing retirement benefits by Increasing employees' retirement
contribution rate. This provision will Increase employees' contribution
from b percent to 6 percent. The City's 2:1 matching ratio will remain In
place at the new contribution rate.
During the FY 1993/94 budget, the City Council approved $229,597 to fund the
City's 2:1 matching portion of the new contribution rate. The proposed
ordinance will enable the City to Implement the new employee contribution
rate on January 1, 1994.
~CKGROUND: ~
The City's retirement program consists of the Texas Fire Pension Fund, for
fire fighters, and the Texas Municipal Retirement Systems (TMRS), for all
other employees. While employees' contribution Into TMRS has remained at 5
percent, the fire fighters' contribution has Increased to 9 percent.
In the past years (1988 to 1993), the average contribution rate for fire
fighters Is 8.40 percent, In comparison, the City has contributed at an
average rate of 5.51 percent (during the same period), for those employees
participating In TMRS. An actuarial study Is completed each year by TMRS to
set the contribution rate. Additionally, City's contribution rate Into the
Fire Pension Fund from 1968 to 1992 Is 2.69 percent greater than Its average
contribution Into TMRS.
To reduce the disparity In retirement benefits between fire fighters and
other employees, we recommend that employees' contribution Into TMRS be
Increased from the 5 percent to 6 percent effective January 1, 1994.
Although Council approved our recommendation In the 1993/94 budget, we need
Council's approval of the enabling ordinance to authorize the Implementation
of the new contribution rate for TMRS participants.
s
October 19, 1993 D
City Council Report on TMRS 6 Percent 2:1
Page 2
PROGRAM.ARTMENTS OR GROUPS AFFECTED:
The 6 percent, 2:1 enhancement to Th1RS will be available to all employees
who are eligible to participate In the Texas Municipal Retirement System,
FISCAL IMPACT
The estimated fiscal impact to fund the City's matching portion of the new
contribution rate effective January 1, 1994, Is $229,597. Approximately,
$114,335 of the total cost will be funded from the General Fund. Funds for
this benefit improvement were approved by the City Council In the FY 1993/94
budget.
Respect Lily submitted:
Lloyd V. Harrell
City Manager
Prepared by:
Thomas W. Kiinck, Director a Human Resources
Appro
40
Bett ean, Exe utive Director
Municipal Services nd Economic Development
arptW..N.
irrpr'OA; 10/1</iJ
IA
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L•\WDtli S\DRD\DE POSIR.IMR
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ORDINANCE NO. A002 /
3 3
AN ORDINANCE TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNI-
CIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY OF DENTONI AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That all employees of the City of Denton, who are
members of the Texas Municipal Retirement System, shall make
deposits to the System at the rate of 6% of their individual
earnings.
SECTION 114 That this ordinance shall become effective on the
lot day of January, 1994.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYI
APPROVED AS TO LEGAL TORN:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
r ,
BY I~ `
=C ITY_
-COUNCI
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date
DATE; October 19, 1993
CITY COUNCIL REPORT ~~.G
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTt CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
RECOMMENDATION: Staff recommends approval.
SMOM : The attached resolution is to approve the issuance and
sale of industrial Development Revenue Refunding Bonds (Union Camp
Corporation Project) in order to refinance a Series 1982 Bond sale.
The 1982 Bonds were financed at a interest rate of seven and one-
half (7.1/2%) percent whereas the refinancing will be at a interest
rate of six and one-half (6 1/24) to six and three-quarters (6
3/44) percent.
p,$QCRAMS, DEPARTHENTA OR 4ROUPO AFFZQTED: N/A
FISCAL IMPACT: There will be no cost to the City.
Respectfully ssbmittedi
Lloyd V. Harrell
city Manager
Prepared bye i
Ann Forsyth*
Executive Secretary
A
AFF0073E
IN
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SE\T BY' 10-11-93 9'28.1k
!HCC.1l1P:1RK11tRST- 98173668236:t 2! 3
4gahNo._, S-
°Aeadatt
A RESOLUTION APPROVING AN AGREEMENT AND RESOLUTIONOF THE a
CITY OF DENTON INDUSTRIAL DEVBL0PHENT AUTHORITY
WITH RESPECT TO THE ISSUANCE Or BONDS FOR
UNION CAMP CORPORATION
" WHEMS, City of Denton Industrial Development Authority (the
Issuer") was created under the auspices of city of Denton, Tewas
(the "Unit•)s and
MMREA9, on November 30, 1981, the city Council or the unit
approved the Issuance of $3,000,000 City of Denton Industrial
Development Authorit Industrial Development Revenue Bonds (Union
Camp Corporation Project) Series 1982 (the "prior Bonds"); and
WHEREAS, on December 19, 1982, the prior Bonds were delivered
by the Issuer to the purchaser thereof: and
MNEREAS, the Issuer Is authorized by the Development ion
amanded revenuetrefu din obonds9on behalf of the the Unitafor)tho useue its
refinancing all or part of the costs of a "project", as defined to oe of
the Act, and to loan the proceeds thereof to refinance all or part
of the costa thereofi and
WHEREAS, the Issuer, by resolution (the "Bond Resolution")
adopted October S. 19970 has authorized the issuance and sale of
its Industrial Development Revenue Refunding Bonds (Union Camp
Corporation Project) Series 199) (the "Bonds") in the aggregate
principal amount of $3,000,000 and by the Bond Resolution has also
authorized Loan Agreement
CtID " wherein
(the
the Issuer agrees toiissueaand sellthei
8 nds to
provide funds to refinance a certain industrial project of the
Company (the "Project") located within the Unit originally financed
through the issuance of the Prior Bonds, and certain other
agreements of the Issuer In connection therewith (collectively the
Wan Agreement and such other agreements shall be referred to as
the sBond Documentsn)i and WHEM pprove byewritteAct n resolutionthat any agrees nt tobody issue bonds
approved by the Issuers and
comments ow n the Bones and the Project atnaopublicnhearing duly
called and hold by the Issuers and
wRERZA5o this city council has ravieved the proceedings
relative to the issuance of the bonds and, by adoption of this
Resolution, intends to approve the Bond Resolution, the issuance of
the Bonds$ the plan of tlnancin approved by the bond Resolution
and to make the findings required by the Act to approve the
Projects
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SEAT BY! 10-I1-93 8-28a
MCC.UiP,1RKNLRST- ~
9817i668.3b'~ 3. 3
WllnPrAS, it is deemed necessary and advi~atPt~ r 7`}
Resolution be adopted.
THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL or THE CITY r D
M.INTON, TEXAS THAT;
6oation 1. The Bond Resolution adopted by the Issuer
authorixlnq the execution of the Bond Documents and authoritinq the
sale of the Bonds, in substantially the form and substance attached
to this Resolution and made a part hereof for all purposes, is
hereby specifically approved, and the Bonds may be issued as
provided for therein.
Section 2. The Loan Agreement, in Substantially the fors and
substance as attached to the Bond Resolution and made a part hereof
and thoreof for all purposes, is hereby approved, and Bonds in the
principal amount of S3,000,000, may be Issued pursuant thereto for
the purpose of paying the cost of refunding the prior nonds issued
by the Issuer for the purpose of refinancing the cost of acquiring
and constructing or causing to be acquired and constructed the
Project as defined and described therein, which project was and is
in compliance vith the Act and the rules promulgate thereunder by
the Texas Department of Commerce) and said Project is hereby
approved.
aforesaidlBonds in the aggregateepyinoipal amount od 63#000#000 the
the Company, and further approves the Project as described in the
aforesaid Loan Agreement, and such approvals shall be solely for
the purpooos of Section 147(f) of the Internal Revenue code of
1986, as amended, and the Unit shall have no liabilities for the
payment of the Bowls nor shall any of its assets be pledged to the
payment of the Bonds.
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WrYof DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (617) 566.8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: October 15, 1993
SUBJECT: Unfunded Federal Mandates
RECOMMENDATION:
staff recommends the adoption of this resolution.
JBACKGROUND:
The National League of Cities in conjunction with the U. S.
Conference of Mayors (USCM), the National Association of Counties
(NACo), and the International City/County Management Association
(ICMA), has joined together to coordinate a national public
education campaign concerning unfunded federal mandates.
Essentially, this effort is designed to curb the growing fiscal
burden and intrusion upon local governments that distort local
priorities. Additionally, this action seeks an end of the federal
government's practice of imposing, yet not funding, costly programs
or requirements that local governments are directed to implement.
SUMMARY:
Wednesday, October 27, has been designated as National Unfunded
Mandates Day, and will serve as the official kickoff of the
campaign to raise public awareness and an understanding of
mandates. Accordingly, city officials across the nation will hold
press conferences and public forums to call attention to the impact
these mandates impose on local operations and budgets.
The Texas Municipal League as agreed to participate in National
Unfunded Mandates Day by issuing a press release and continuing to
work with the Texas Congressional Delegation and the National
Leagues of Cities to address the issue of unfunded federal
mandates. Further, TML has asked member cities to support this
effort by adopting a resolution, as attached, to that effect.
r
In addition to the resolution, Staff has prov9~i6d 18Yden -the
impact of unfunded federal mandates upon City q#.. Dentoyy~~ions.
Many of these have affected the Utilities Depll%ent- otly. o?
Examples include the Federal Clean Air Act Amendments of 1990; the
Water Quality Act of 1987; the Safe Drinking Water Act of 1986; the
Resource Conservation and Recovery Act; the Toxic Substance Control
Act; Federal Insecticide, Fungicide and Rodenticide Act; the
National Emission Standards For Hazardous Air Pollutants; and the
Texas Administrative Code.
However, other legislation such as the Fair Labor Standards Act and
the Americans With Disabilities Act, affect the organization
universally. As well, recent legislation such as the Family and
Medical Leave Act, while important for our employees, have costs
which cannot be quantified at this time.
Staff attempted to outline the costs associated with unfunded
federal mandates and the discussion of each mandate includes those
costs. Staff estimates that capital and/or past expenditures
including identified annual operating and maintenance expenses for
Fiscal Year 1993-1994 total approximately $9,552,400. Based on the
best estimate Staff can derive, the cost of existing federal
unfunded mandates over the next five period will equate to
$8,223,000. Essentially, this is the cost of complying with those
federal mandates that are passed on to local government.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED,
L- Lloyd V. Harrell
City Manager
Prepared by:
Aosep~P Portugal
Assistant t to the City Manager
x
outline of Federal and State Mandates Impacting the Utility
operations AcrlaNU -__A,)-0 y0
Federal Clean Air Act Amendments of 1990 A;" te; ~SQB
Capital and/or Past Expenditures: $ l2444; 60f,
Identified Annual Expense: $ 30,000
Identified 3-5 Yr.Future Expense: $2,180,000
Title Is National Ambient Air Quality Standards
Ozone Nonattainment
The utility has implemented "Ozone Alert" activities upon
notification. (Fiscal impact unknown)
City vehicles will be required to participate in an
enhanced motor vehicle inspection and maintenance
program. Additional staff time and effort will be
required to inspect vehicles. In addition, an increased
cost to the departments is anticipated to maintain
vehicle emission system. (Fiscal impact unknown)
Title II: Emission Standards for Mobile Sources
All gasoline dispensing facilities in the nonattainment
area must install and operate a Stage II vehicle
refueling system to recover vapor emissions from the
fueling of motor vehicles. (Estimated cost to fleet
services, $30,000 for an eight nozzle refueling station)
Reformulated gasoline (lower Reid Vapor Pressure) will be
supplied to the Metropolitan Statistical Area which is
anticipated to increased fuel cost.
Future provision will require the city fleet to convert
certain vehicles to alternate fuels (Cost of existing
conversions, $2,800 per conversion X seven vehicles -
$19,600) Some grant money may be available for CNO
conversions from the NCTCOO (state).
Title Ills Hazardous Air Pollutants
Additional emission standards are identified for 189
substances to protect health and environment, The
electric production and wastewater treatment utility
operations were initial identified in the CAA. (Fiscal
impact ranges from ;750,000 to $2.0 million depending
upon the control strategy for the pollutants of concern).
k
A^ 1a'1Bfn
Title IV: Acid Deposition Control
Phase I
The acid deposition control program reduces the adverse
effects of acid deposition through reductions in annual
emissions of sulfur dioxide and nitrogen oxide. (Fiscal
impact unknown at present)
The owner or operator of any source subject to the CAA
acid rain provisions is required to install and operate
a continuous emission monitoring system on each affected
unit at the source. Electric Production has initiated the
engineering and purchase of a continuous emission
monitoring system at a cost of ;225,000. Additional
costs of ;30,000 annually are anticipated for inspection
and certification of this equipment. Future installa;:ion
of additional monitoring equipment is anticipated to cost
;150,000.
Phase II
The sulfur dioxide emissions limits imposed in Phase I
are tightened and emission limits are imposed on smaller
and cleaner plants as well. (Fiscal impact unknown at
present)
Title V: Permit System
Permit requirements are extremely complex, and permit
applications will be scrutinized much more carefully than
in the past. All permitted sources must pay annual fees
of not less than $25.00 per ton of regulated pollutants
and is programmed to increase with the consumer price
index. Because of the complexity, future permitting
activities will probably be contracted adding to the
facility permitting costs.(Fiscal impact unknown)
Title VI: Stratospheric Ozone Protection
EPA established standards and requirements regarding the
use and disposal of Class I substances (CFC) during the
service, repair or disposal of appliances and industrial
process refrigeration. This poses a problem at c,ur
municipal landfill operation in the proper handling and
disposal of appliances. (Fiscal impact unknown)
Persons performing service upon motor vehicle air
conditioners must use approved recycling equipment while
performing service or repairs. The servicing mechanic
must be properly trained and certified in accordance with
EPA regulations. This has increased the cost of
servicing AC units on fleet vehicles. In addition, the
city fleet must eventually be converted to non-CFC
refrigerants in the air conditioning systems (Fiscal
Impact unknown).
Title VII= Enforcement
The CAA broadens the scope of violations that can result
in civil or criminal penalties, clarifies the scope of
personal liability for corporate officers and employees,
increases the size of monetary fines ($250,000 for
individuals and $500,000 for corporations), establishes
increased criminal penalties for record-keeping
violations and widens the scope of citizen suits for
environmental violations.(Fiscal impact unknown).
Water Quality Act of 1987
Capital and/or Past Expenditures: ;7,1131400
Identified Annual Expense: $1,425,000
Identified 3-5 Yr Future Expense: $ 9830000
NPDES Permitting For Storm Water Activities
Storm water permitting for industrial activities for the
Electric Production facility and the Denton Municipal
Airport have cost to date an estimated $9,900 for
j contract legal assistance and staff time. An additional
$4,000 of cost have been identified for the development
of Storm Water Pollution Prevention Plans for these
facilities. Future permitting and pollution plan
development are anticipated for the municipal landfill
and wastewater treatment facilities. Costs for these
facilities are anticipated to be equivalent.
Storm water pollution prevention activities at the
Electric Production facility required expenditures of
$50,000 for acid tank enclosures and the engineering of
oil tank containment. An additional $25,000 will be
expended in FY94 for the construction of oil tank
containment.
In addition, staff time and expense have been utilized to
examine the creation of a storm water utility to fund
operation, maintenance and water quality improvements of
the drainage system. Drainage system expenditures for
water quality improvements have been identified at
$50,000 for the first 3 years and $250,000 thereafter.
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NPDES Permitting For The Wastewater Treatment Facility
The Utility Department constructed a $10.5 million
project at the wastewater treatment plant to comply with
NPDES permit requirements. Water quality based permit
criteria accounted for $6.3 million of the total project
cost. Water quality improvements included reduced
ammonia concentration, improved dissolved oxygen
concentration, dechiorination and improved sludge
conditioning.
Annual operating and non-operating expenses for the
plant's water quality improvements have been budgeted at
$1.1 million (O&M $115,000, Debt $598,500, ROI ;378,000).
NPDES permit conditions required the completion of
activities in the industrial pretreatment program.
Permit criteria required the completion of Technically
Based Local Limits, the development of a monitoring and
Enforcement Schedule and a revision to the Denton Sewer
Use Ordinance. These tasks were completed for a cost of
$48,500. operation of the pretreatment program since
1984 was identified at $1.25 million.
NPDES permit conditions required biomonitoring of the
plant effluent for toxicity control. Biomonitoring cost
are $20,000 annually. The Denton facility has been
biomonitoring for two years for a total coat of $40,000.
As a result of failing the biomonitoring criteria, the
Denton facility has been required by EPA to enter into a
Toxicity Reduction Evaluation (TRE). Budgeted costs for
the completion of a THE over a three year period is
$150,000.
Standards for the Use or Disposal of Sewage Sludge (503
Regulations 2/19/93)
Funding for compliance with the new sewage sludge
regulations is budgeted in FY94 at $661,000 in capital
facility construction and $245,000 in annual operation
and maintenance expense. Monitoring for permit
compliance with these sludge regulations is budgeted at
$10,000 for FY 94.
d
Safe Drinking Water Act Amendments of 1986 k
_
Capital and/or Past Expenditures: $ 156,000
Identified Annual Expenses $ 131 000
Identified 3-5 Yr Future Expense: ;4,220,000
Trihalomethane Chemical Control
Water Production installed an +ammonia feed system to
prevent the formation of trihalomethane compounds in the
drinking water. Initial installation of the ammonia feed
system was approximately $100,000 capital expense with an
annual operation and maintenance cost of $22,500,
Surface Water Treatment Rule
The requirements of the Surface Water Treatment Rules
have resulted in a 251 increase in our annual treatment
chemical costs. Higher coagulant dosages for lower
turbidity standards, increased caustic dosages for pH
adjustments due to higher coagulant doses and increased
chlorine usage for disinfection standards have increase
chemical costs by $90,000 per year, Capital oxpenses for
new instrumentation, disinfection control and process
modifications have totaled approximately $25,000 over the
past three years. Engineering services and out-of-pocket
expenses for the tracer study (CT compliance) totalled
about $15,000. Miscellaneous costs for additional chart
recorder supplies, laboratory supplies and contracted
laboratory services have cost approximately $5,000/year.
Total Coliform Rule
The coliform rule changed the sampling and testing
methodology used for water system compliance. These
changes resulted in increase sampling and monitoring cost
of $4,500 per year for the past 3 years.
Lead/Copper Rule
The Lead/Copper Rule implementation has cost the utility
about $5,000 of additional laboratory service expenses
and required considerable staff time (in excess of
$11,000) to identify sample sites, inform customers on
sample procedures, collect samples and provide additional
water quality data to the state regulatory agency.
Fg }
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Disinfection/Disinfection-By-Product Rule
The disinfection/disinfection-by-product regulations are
likely to have a severe financial Impact on the water
utility. Proposed "Phase I" regulations are likely to
cost the city in excess of ;10,000 per year in source
water monitoring costs. Pilot studies for optimizing the
coagulation process for precursor removal could run as
high as $100,000 if outside consulting services are
utilized. Capital costs for adding pH reduction or
alternative coagulants could cost $50,000 to $100,000
depending upon final design criteria. Additional
chemical costs could run between $30,000 to $60,000 per
year. Phase II regulations will likely require the
addition of ozonation facilities to the plant and
possibly GAC contactors, filters or ultrafiltration. The
estimated capital cost for adding ozonation facilities is
$3.8 million. Annual operation and maintenance costs for
ozonation is projected at $100,000 to $150,000 per year.
Inorganic, Organic and Radionuclides
Additional regulatory development of limits for Inorganic
chemicals (I0C) Phase II & V, synthetic organic chemicals
(SOC) Phase II & V and radionuclides in drinking water
will further escalate the cost of treatment (fiscal
Impact is not known at this time).
Resource- Conservation and Recovery Act
Cal~tal and/or Past Expendituresi $ 71500
Identified Annual Expense: $ 36,500
Identified 3-5 Yr Future Expense: $ 570,000
Underground Storage Tank
Regulations require leak detection and overfill catch
basins for the Service Center underground fuel storage
tank. The cast for the monitoring wells and overfill
protection was $7,500. Annual cost of monitoring is
$10500. Anticipated future cost to meet additional
requirements is $10,000.
Subtitle D for Solid Waste Landfill
The solid wa&te landfill operation anticipates
substantial increases in capital and operation expenses
as a result of Subtitle D regulations. Dual liner and a
leachato collection system will amount to the grerAtest
initial expense. For a 10 acre site, it is anticipated
that an addition $500,000 of expense will be required to
construct a dual liner versus a single liner system.
Cost for leachate collection and treatment are unknown at
this time.
j 17
s
s'
NO An increase in personnel will be required to inspect and
sample 10% of the loads dumped at the landfill. This
will also require the removal and proper disposal of
unpermitted material found during the Inspection.
Anticipated cost for proper disposal of these material is
$10,000 to $20,000 per year.
Final cover requirements and post closure maintenance for
both the existing site and the future site are
anticipated to substantial increase cost to the
operation. (Fiscal impact is unknown at this time)
Groundwater monitoring for both the existing and the
future site Is anticipated to cost $35,000 annually.
Providing financial assurance for the mitigation of
problems should they develop at the landfill site will
increase cost to the operation. (Fiscal impact is unknown
at this time)
Toxic Substance Control Act (TSCA)
Capital and/or Past Expenditures, $195,000
Identified Annual Expense: $ 0
Identified 3-5 Yr Future Expense: $ 20,000
Polychlorinated Biphenyls (PCB) Storage and Disposal
The electric utility initiated a program to identify and
dispose of transformers and capacitors containing PCB's
greater than 500 ppm. A total of 3,600 transformers have
been tested to date at a cost of $20,000. Two hundred
transformers have been removed, properly disposed of and
replaced at a cost of $175,000. An estimated $20,000 in
cost remains for future testing, disposal, and
replacement of transformers.
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Restricted Pesticide and Herbicide Use Rule
The city operation is now required to utilize certified,
licensed exterminators for the application of herbicides
and pesticides. These activities are now contracted out
for each of the facilities. (Fiscal Impact has not been
identified) `
r,
National Emission Standards for Hazardous Air Pollutants (NESHAP)
Capital and/or Past Expenditures: $ 200,0000
Identified Annual Expense: $
Identified 3-5 Yr Future Expense: $ 2501000
Asbestos Removal
In 1986, the electric utility initiated an annual program
of replacement of asbestos insulation material at
feedwater heaters# turbinest and ion Topi date
comply with provisions of the NESHAP
approximately $200,000 has been expended on asbestos
removal and replacement. Future expenses for asbestos
removal is anticipated to be $2500000.
Texas Administrative Code
Capital and/or Past Expendituress $ 13,400
Identified Annual Expenses $ 13,400
Identified 3-5 Yr Future Expenses $ 0
Texas Surface Water Quality Standards
The Texas Surface Water Quality Standards in conjunction
with the EPA NPDES permit requirements are responsible
for improvements required at the wastewater treatment
plant improvement. The fiscal impact has been identified
in the previous section.
Regional Assessments of Water Quality (SB 818)
The Texas Natural Resource Conservation Commission was
required by Senate Bill 818 to develop a regional
assessment of water quality issues and problems by river
basin. To fund this activity that is performed by the
Trinity River Authority, each entity In the river basin
that holds permit
this study. The utility required fund cos pay
$13,400 annually for this activity.
Emergency Planning and Community Right-to-Know
Occupation Safety and Health Act
Americans With Disabilities Act
Family and Medical Leave Act
Texas Administrative Code
file IC1\MISC\HANDhTB
I~
A~ Q
CITY of DENTONr*fMCIpALUTILITMS1901-A Texas Street/Denton,zx 76201
MEAIORANDUM
TO: Nelson, Executive Director of Utilities
FROM: Lee Allison, Director of water Engineering & Operations
DATE: October 8, 1993
SUBJECT: FINANCIAL IMPACT OF FSDBRAL ABODLATIONS
The Federal Regulations emanating as a result of the Clean Water
Act and the Safe Drinking Water Act have not yet had a large impact
upon water rates. However, many of the regulations, particularly
the Disinfection/Disinfection By Products Rule, are still in the
development stage. Based on water sales of 4 billion gallons per
year, our best guess forecast of rate impact is:
L►.`LNQAL R80QSaar.,T RAT* IMPACT
ITS{ DESCRIPTION O e M DOLLARS PZR
CAPITOL 1000 GALLONS
1• Redirected Staff $7,500
Effort 0019
2• Chemical lication 95,000
$3,200 .026
3• Lead C er Rule 5 000
4• Disinfection/ 0013
Disinfection By
Products Rule 180,000
330,720 .1277
TOTAL $207,S00
0333,920 $.1SS4
Of most significant concern for me is the shadow placed on our
integrity by the illusions created because of somewhat possible as
opposed to verified links between water quality and various
diseases.
Storm Drainage is a different beast. Because we are not yet
regulated, it is very difficult to accurately project a cost
impact. Our most recent projects are at $50,000 per year for three
years to set up and $250,000 per year thereafter to sustain a
continuous program. Based on 70000 population, this results in a
level annual cost of $3.54. This amount is above and beyond the
cost of our current efforts toward flood protection and system
maintenance,
zumi..p
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
M E M O R A N D U M
TO: Lee Allison
Director of Water Engineering and Operations
FROM: Tim Fisher
Manager of Water Production
DATE: October 7, 1993
SUBJECT: NATIONAL LEAGUE OF CITIES
OCTOBER 271 1993 PROTEST OF FEDERALLY MANDATED
REGULATIONS WITH RESPECT TO DRINKING WATER ISSUES
As you are aware, the 1986 amendments to the Safe Drinking Water
Act are the key federa1ly-mandated regulations affecting our
division over the past four years. To date, the impact of these
regulations has largely been a dilution of supervisory staff time
from other areas such as safety training, staff development, etc.
to support the necessary administrative research, commitment of
suitable resources, etc. to address these new regulations. In
terms of the actual dollars spent to achieve compliance and the
real benefits to the rate paying consumer, this is a very
subjective interpretation. However, let me offer the following
general information to assist you in your assessment of this
impact.
1. No new staff has been added in Water Production,
engineering or field services as a direct impact of these
regulations. However, many existing employees have had
to shift organizational priorities to address these
regulations. Examples include: increased fire hydrant
flushing for residual maintenance and coliform P/A
testing, increased process systems monitoring by our
division's operating staff, system modifications for
chlorination adjustments implemented by our division's
maintenance staff; increased regulatory and non-
regulatory monitoring by the laboratory services
division; significant levels of supervisory level time
coannitted towards learning the new regulations,
researching methods toward improving the operations and
implementing corrective solutions through the various
employees of 4 divisions (water Production, Water
Engineering, Water Field Services and the Municipal
Laboratory).
8171566.8200 D/FW METRO 434.2529
NATIONAL LEAGUE OF CITIES OCTOBER 27, 1993 PROTLVOTf f -FEbmtPLr-
MANDATED REGULATIONS WITH RESPECT TO DRINKING WATq :I,qgUE~,_~ .
OCTOBER 7, 1993
PAGE 2
2. The requirements of the Surface Water Treatment Rules has
resulted in about a 25% increase in our annual treatment
chemical costs. Higher coagulant dosages for lower
adjustments caustic dosages for pli
d
d e to higher coagulant
doses, and increased
chlorine usage for disinfection standards have increased
our chemical operating costs by approximately
$90,000/year. Capital expenses for new instrumentation,
disinfection control and process modifications have
totalled approximately $25,000 over the past three years.
Engineering services and out-of-pocket expenses for the
tracer study (CT compliance ) totalled about $15,000.
Miscellaneous costs for additional chart recorder
supplies, laboratory supplies, and contracted laboratory
services (TWC and private lab services) have cost
approximately $5,000/year.
3. The Lead/Copper Rule implementation has cost the utility
about $5,000 of additional laboratory service expenses
(both Denton's and TWC) and required considerable staff
time to identify Tier I sample sites, inform customers on
sample procedures, collect samples and provide additional
water quality data to the TWC.
4. The disinfection/disinfection •by•product regulations are
likely to cause the most severe financial impact for the
rate payers in the years ahead. Proposed „Phase I"
regulations are likely to cost the city in excess of
,$10,000/yI6ar in source water monitoring costs alone.
Pilot-"studies for c,ptimizing the coagulation process for
precursor removal could run as high as $100,000 if
outside consulting services are utilized. Capital costs
for adding pH reduction or alternative coagulants could
cost $50,000 to $100,000, depending upon final design
criteria. Additional chemical costs could run between
$30,000 to $60,000 per year. The anticipated provisions
of the "Phase II" regulations will likely require the
addition of ozonation facilities to the plant and
possibly GAC contactors, filters, or ultrafiltration.
The estimated capital cost for adding ozonation
facilities to the Spencer Road Treatment Plant is 3.8
million dollars. Annual O&M costs for ozonation will
likely run between $100,000 and $150,000/year.
Tim Fisher
c:nat_leag
ary Of DENrON, TEXAS MUNICIPAL BUILDING / 215E MCKINNEY / DENTON, TEXAS 76201
M E M O R A N D U M
TO: Lee Allison
Director of Plater Engineering and Operations
FROM: Tim Fisher
Manager of Water Production
DATE: October 7, 1993
SUBJECT: FY92-93 RAW WATER COSTS
The following is a year-end summary of the water Production Division's
(#0460) budget expenses for raw water.
ACCOUNT #8502 - SPECIAL SERVICESs
DESCRIPTION APPROVED ACTUAL BALANCE
BUDGET EXPENDITURES OVER/(UNDER)
OEM
Debt Service - Lake $2,060,000 $2,059,140.19 859.81)
Ray Roberts
Upper Trinity RWD 45,000 20,000.00 ( 25,000.00)
Cooper Reservoir
O&M Lake Lewisville 5,000 3,608.27 ( 1,391.73)
0&M Lake Ray Roberts 150000 13,307.58 ( 1,692.42)
Rec.- Lake Pay Roberts 380,000 0100 (380,000.00)
ACC UNT U HA ED WA ERs
Wholesale water $ 91,250 $ 88,731.50 2,518.50)
purchased from Dallas
(Readiness-to-Serve)
TOTAL $2,596,250 $2,184,787.54 ($$411,462.46)
The year-end total raw water pumpage (including the 168.111 MG supplied to
the Electric Production Steam Plant) was 4,753.719 MG. This results in an
average raw water cost of $0.4596/1,000 gallons.
Tim Fisher
c: \rawt120.wp5
xc: Bob Nelson
Howard Martin
8171566.8200 D/FW METRO 434.2529
p
5
3
Agenda
Etem.
VrYaf DENTONt TEXAS MUNICIPAL BUILDfNO / DENTON, TEXAS 78201 / TELEPHONE(811) $80.8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: October 8, 1993
SUBJECT: GSTN Video - Unfunded Federal Mandates
At the regular meeting on Tuesday, October 19, Council will receive
a report on unfunded federal mandates with a request to approve a
resolution developed by the Texas Municipal League. In the
interim, we have received a video from the Government Services
Television Network (GSTN) which discusses this item in more detail.
The video is approximately 20 minutes, yet, is very informative.
We felt this would be a good opportunity to provide the Council
with this information prior to the discussion and request to
approve a resolution on October 19.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED,
oyd V. Harrel
City Manager
Prepared by:
Jos Portugal
Assistant to the C ty Manager
~s.~l
4
E:ILPDOCS\EE SVIANDATE.R
%
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORS*.NG THE EFFORTS OF
THE NATIONAL LEAGUE OF CITIES AND THE TEXAS MUNICIPAL LEAGUE TO
FULLY INFORM OUR CITIZENS ABOUT THE IMPACT OF FEDERAL MANDATES ON
OUR. CITY FINANCES AND THE POCKETBOOKS OF OUR CITIZENS; AND PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, federal unfunded mandates on city governments have
increased significantly in recent years; and
WHEREAS, federal mandates require cities to perform duties
without consideration of local circumstances or capacity; and
WHEREAS, federal mandates require compliance regardless of
other pressing local needs and priorities affecting the health,
welfare, and safety of municipal citizens; and
WHEREAS, excessive federal burdens on cities force on citizens
and taxpayers either higher local taxes and fees, reduced local
services, or both; and
WHEREAS, federal mandates are too often inflexible, "one-size-
fits-all" requirements that impose unrealistic time frames and
specify procedures or facilities when less costly alternatives
might be just as effective; and
WHEREAS, existing mandates impose harsh pressures on local
budgets, and the federal government has imposed a freeze upon
funding to help compensate for any new mandates; and
WHEREAS, the cumulative impact of these legislative and
regulatory actions directly affects the citizens of our cities; and
WHEREAS, the National League of Cities (NLC), in conjunction
with other state and local government representatives and state
municipal leagues, including the Texas Municipal League (TML), has
begun a national public education campaign to help citizens under-
stand and then reduce the burden and inflexibility of unfunded
mandates, beginning with a National Unfunded Mandates Day on
October 27, 1993; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City of Denton endorses the efforts of the
National League of Cities and the Texas Municipal League and sup-
ports working with NLC and TML to fully inform our citizens about
the impact of federal mandates on our City finances and the pocket-
books of our citizens.
r
9
SECTION 11, That the City of Denton endorses the events that
will begin this process.
SECTION III That the City of Denton resolves to redouble
efforts to inform and work with members of our Congressional dele-
gation to inform them about the impact of federal mandates and
actions necessary to reduce their burdens on our citizens.
SECTION IV. That this resolution shall become effective immed-
iately upon its passage and approval.
SECTION V. That the City Secretary is hereby directed to
forward a copy of this resolution to the National League of Cities
and the Texas Municipal League.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHO CITY ATTORNEY
BY:
PAGE 2
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COUNCI
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CITY of DENTON, TEXAS MUNlcIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 586.8307
Office of the City Ma rpager
MEMOF2ANDUM
TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: October 15, 1993
SUBJECT: Small Cities Ambulance Contracts
Attached to the agenda are three contracts from the small cities
for EMS Service. Council may recall that this year we are
implementing the beginning of rate increases. Consequently, you
If will note that these contracts are for $3.50 per capita as directed
by the Council. Since these three items were put on the agenda, we
have received two more contracts from Krum and Corinth. We expect
to receive the contracts from the other lake cities shortly. I
think the hold up there was their problems with fire service and
how it was going to mesh with our EMS service.
If you or the Council has further questions, I would be happy to
try and answer them at your convenience.
Ack
ve
Deputy City Manager
RS:ss
AMM0036C
R
E: \VPDCY S\RES VMLAM C. SE R
~pendai e-
RESOLUTION NO.
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton hereby
approves an agreement between the city of Denton and the City of
Argyle for ambulance services, a copy of which is attached hereto
and incorporated by reference herein, and the Mayor is hereby
authorized to execute said agreement on behalf of the City.
SECTION II. That this resolution shall become effective immed-
iately 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 hu/ / L 0'2 44
1
a:wdoc:uRSr~t.x
AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF ARGYLE
socitals
The City of Denton currently provides emergency medical ser-
vices to the citizens of Denton. The City of Argyle would like to
contract with the City of Denton to receive emergency medical ser-
vices for its citizens. Pursuant to chapter 774 of the Health and
Safety Code (Vernon Supp, 1991) and the Interlocal Cooporation Act
(TEX. REV. CIV. STAT. ANN. Art. 4413 (32c) J, a city may contract to
provide emergency medical services to the county or another city.
Agreement
is Agreement is made on the ) _ day of PdT 199 be tween the City of Denton, Texas (enton), e City of
Argyle (Argyle).
The parties agree as follows:
1. Definitions. Emeraenct Medicai Servicea or E.M.S. means
personnel and ground ttansportation vehiclea used to respond to an
individual's perceived need for immediate medical care and to pre-
vent death or aggravation of physiological or psychological illness
or injury.
Z. Denton to Provide ENS to Argyle. Denton shall provide emer-
gency medical services to Argyle in response to requests for emer-
gency medical services in accordance with this Agreement. All re-
quests for emergency medical services for persons residing in the
corporate limits of Argyle shall be communicated to Denton in the
manner specified by Denton.
3. Discretion in Providing E.M.S. Argyle understands that
Denton must also respond to requests for emergency medical services
for persons in Denton and that Denton has other contracts to pro-
vide emergency medical services to other entities. Denton shall
have the sole right and discretion, without being in breach of this
Agreement and without liability to Argyle, to determines
(a) Whether or not to respond to a request for medical
emergency service;
(b) Whether and when personnel or equipment are available
to respond to a request for emergency medical service;
(c) The order is which to respond to a request for emergen-
cy medical service; and
10
(d) The time in which to respond to a request for emergency
medical service.
Service Fee. in consideration for providing emergency medi-
cal services to Argyle, Argyle agrees to pay to Denton an annual
sum during each year of this Agreement determined by multiplying
the population in Argyle by Three Dollars an.: Fifty C9nts (popula-
tion x $3.50). The population figure used shill be that contained
in the latest edition of the North Central Texas Council of
Government's Regional Dirsctory. The annual payment shall be paid
to Denton in equal quarterly payments on or before October 1,
January 1, April 1, and July 1, of each annual term. Denton may,
after giving prior notice, suspend service to Argyle during any
period of time Argyle is delinquent in the payment of any undisput-
ed service fee.
S. Patient Cbarges. In addition to the service fee paid by
Argyle, Denton may charge and collect from persons provided emer-
gency medical services, the patient fees established by ordinance
of Denton,
So Ooveuinental immunity Mot Waived. Neither Denton or Argyle
waives, nor shall be deemed hereby to waive, any immunity or de-
fense that would otherwise be available to it against claims made
or arising from any act or omission resulting frroom his Agreement.
74 Tern. The term of this Agreement s aYl`a. in one year
increments, beginning on October 1, 199;9 and continuing to
September 30 of the following year and thereafter from year to year
until terminated in accordance with this Agreement.
e. Tersinatical Default. Either party may terminate this
Agreement at any time without cause by giving ninety (90) days ad-
vance notice in writing to the other, specifying the date of termi-
nation. if either party breaches a provision of this Agreement,
the other party shall give the defaulting party written notice of
the default. Should the defaulting party fail to correct the de-
fault within thirty days of thn date notice of default is sent, the
other party may declare the Agreement terminated. Argyle shall be
liable to Denton pro rata for the payment of emergency medical ser-
vices provided up to the date of termination.
to Notices. All notices sent under this Agreement shall be
mailed, postage prepaid, to the respective addresses, as followss
To Denton To Argyle]
City Manager Mayor
City of Denton City of Argyle
215 E. McKinney P. 00 Box 1035
Denton, Texas 7620). Argyle, Texas 76226
Page 2
10. Agreement Not for Benefit of Third Parties. This Agreement
is not intended and shall not be construed to be for the benefit of
any individual or create any duty on Denton to any third party.
its Assignment. Neither party shall assign this Agreement
except upon the prior written consent of the other.
EXECUTED on the day of r 199-•
CITY OF DENTON, TEXAS
BYt
BOB CASTLEBERRY* MAYOR
ATTEM
JENNIFER WALTERS, CITY SECRETARY
BYi
APPROVED AS TO LEGAL FORMi
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY s
CITY OF ARGYLE
BYt
OR
ATTEM
o ar
BY
«
T ~ e
r of
Page 3
E i WPOOMM E W)WAAK. M
AQWIN0.
ApeAd31t
o~te
RESOLUTION NO.
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES?
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi
SECTION I. That the City Council of the City of Denton hereby
approves an agreement between the City of Denton and the City of
Sanger for ambulance services, a copy of which is attached hereto
and incorporated by reference herein, and the Mayor is hereby
authorized to execute said agreement on behalf of the City.
SECTION II. That this resolution shall become effective im>ced-
iately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOL CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
I
BYE
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~1l .Y
BY 3
N
4
i
Q: 4W0C8\%AKGEK.K
NO ......«.,...r
AGREEMENT VOR AKBULKNCE BERVIC'll ''"°r'~-^-"^^~
BETWEEN TEE CITY Or DENTON AND
THE CITY OF BANGER.
Recitals
The City of Denton currently provides emergency medical ser-
vices to the citizens of Denton. The city of Sanger would like to
contract with the City of Denton to receive emergency medical ser-
vices for its citizens. Pursuant to Chapter 774 of the Health and
Safety Code (Vernon Supp, 1991) and the Interlocal Cooperation Act
(TEX. REV, CIV. STAT. ANN. Art. 4413 (32c)), a city may contract to
provide emergency medical services to the county or another city.
Agreement
hie Agreement is made on the J_ day of
19 , between the City of Denton, Texas (Denton), and The City of
Sanger (Sanger).
The parties agree as follows:
1. Definitions. Emergency Medi..1 cervic9 . or E.M.s. means
personnel and ground transportation vehicles used to respond to an
individual's perceived need for immediate medical care and to pre-
vent death or aggravation of physiological or psychological illness
or injury.
2* Denton to Provide Brie to Banger- Denton shall provide emer-
gency medical services to Sanger in response to requests for emer-
gency medical services in accordance with this Agreement. All re-
quests for emergency medical services for persons residing in the
corporate limits of Sanger shall be communicated to Denton in the
manner specified by Denton.
3. Discretion in Providing E.M.s. Sanger understands that
Denton must also respond to requests for emergency medical services
for persons in Denton and that Denton has other contracts to pro-
vide emergency medical services to other entities. Denton shall
have the sole right and discretion, without being in breach of this
Agreement and without liability to Sanger, to determines
(a) whether or not to respond to a request for medical
emergency service;
(b) whether and when personnel or equipment are available
to respond to a request for emergency medical service;
(o) The order is which to respond to a request for emergen-
cy medical service; and
(d) The time in which to respond to a request for emergency
medical service.
o
4. service Fee. in consideration for providing emergency medi-
cal services to Sanger, Sanger agrees to pay to Denton an annual
sum during each year of this Agreement determined by multiplying
the population in Sanger by Three Dollars and Fifty cents (popula-
tion x $3.50). The population figure used shall be that contained
in the latest edition of the North Central Texas Council of
Government's Reaional_Directorv, The annual payment shall be paid
to Denton in equal quarterly payments on or before October 1,
January 1, April 1, and July 1, of each annual term. Denton may,
after giving prior notice, suspend service to Sanger during any
period of time Sanger is delinquent in the payment of any undieput-
ed service fee.
3. Patient Charges. In addition to the service fee paid by
Sanger, Denton may charge and collect from persons provided emer-
gency medical services, the patient fee3 established by ordinance
of Denton.
G. Governmental Immunity Not Waived. Neither Denton or Sanger
waives, nor shall be t:*emsd hereby to waive, any immunity or da-
fense that would otherwise be available to it against claims made
or arising from any act or omission resulting from this Agreement.
7. Term, The term of this Agreement shall be in one year
increments, beginning on October 1, 1992 and continuing to
September 30 of the following year and thereafter from year to year
until terminated in accordance with this Agreement.
s. Terminations Default. Either party may terminate this
Ageeement at any time without cause by giving ninety (90) days ad-
vance notice in writing to the other, specifying the date of tsrmi-
nation. If either party breaches a provision of this Agreement,
the other party shall give the defaulting party written notice of
the default. Should the defaulting party fail to correct the de-
fault within thirty days of the date notice of default is sent, the
other party may declare the Agreement terminated. Sanger shall be
liable to Denton pro rata for the payment of emergency medical ser-
vices provided up to the date of termination.
o. Notices. All notices sent under this Agreement shall be
mailed, postage prepaid, to the respective addresses, as followss
To Dentons To Sangeri
City Manager Mayor
City of Denton City of Sanger
215 E. McKinney P. 0. Drawer 578
Denton, Texas 76201 Sanger, Texas 76266
10. Agreement Not for Benefit of Third Parties. This Agreement
is not intended and shall not be construed to be for the benefit of
any individual or create any duty on Denton to any third party.
Page 2
1
11. Assigame►%t, Neither party shall assign this A4reement
except upon the prior written consent of the other.
EXECUTED on the day of , 199.
CITY OF D£NTON, TEXAS
BY:
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTO1t4EY
BY: ta-//lw-'Q
CITY OF SANGER
BY:
MAYOR 9/20/93
ATTEST:
BY, jwrlotl,
SECRETARY
mul,,,$
d• G~~y OF 9,Q
•
Page 3
E~\1AtM3\Rf$V)WLAMCAEE
R OOLUTION NO.
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES)
APT) DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt
SECTION-I,.. That thi City council of the City of Denton hereby
approves an agreement between the City of Denton and the City of
Ponder for ambulance services, a copy of which is attached hereto
and incorporated by reference herein, and the Mayor is hereby
authorized to execute said agreement on behalf of the City.
SECTION 11. That this resolution shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of 1993.
BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY 9
1~G1. 2 `C~ C~-~C✓
y
u
7
.gdoeWWII K
SFP i s ~99a
~G a
AOREEMENT FOR A"ULANCE BERVICEA; dial
BETWEEN THE CITY OF DENTON AND
THE CITY OF PONDER
Recitals
The City of Denton currently provides emergency medical ser-
vices to the citizens of Denton. The City of Ponder would like to
contract with the City of Denton to receive emergency medical ser-
vices for its citizens. Pursuant to Chapter 774 of the Health and
Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act
[TEX. REV. CIV. STAT. ANN. Art. 4417 (32C)], a city may contract to
provide emergency medical services to the county or another city.
Agreement _
This Agreement is made on theo~z- day ofd'"
199&_, between the City of Denton, Texas (Denton), and The City of
Ponder (Ponder).
The parties agree as followsi
1. DefinitioLs. Emargencv Medical Services or E•M.a. means
personnel and ground transportation vehicles used to respond to an
individual's perceived need for immediate medical care and to pre-
vent death or aggravation of physiological o-: psychological illness
or injury.
9e Denton to provide M to Ponder. Denton shall provide emer-
gency medical services to Ponder in response to requests for emer-
gency medical services in accordance with this Agreement. All re-
quests for emergency medical services for persons residing in the
corporate limits of Ponder shall be communicated to Denton in the
manner specified by Denton.
3e Discretion in providing EaMes. Ponder understands that
Denton must also respond to requests for emergency medical services
for persons in Denton and that Denton has other contracts to pro-
vide emergency medical services to other entities. Denton shall
have the sole right and discretion, without being in breach of this
Agreement and without liability to Ponder, to determine=
(a) Whether or not to respond to a request for medical
emergency servicet
(b) Whether and when personnel or equipment are available
to respond to a request for emergency medical servicet
(c) The order is which to respond to a request for emergen-
cy medical services and
(d) Thn time in which to respcnd to a request for emergency
medical service.
3
,j
4. Yervice Fee, In consideration for providing emergency medi-
cal services to Ponder, Ponder agrees to pay to Denton an annual
sum during each year of this Agreement determined by multiplying
the population in Ponder by Three Dollars and Fifty Cents (popula-
tion x $3.50). The population figure used shall be that contained
in the latest edition of the North Central Texas Council of
Government's Regional Directory. The annual payment shall be paid
to Denton in equal quarterly payments on or before October 1,
January 1, April 1, and July 1, of each annual term, Denton may,
after giving prior notice, suspend service to Ponder during any
period of time Ponder is delinquent in the payment of any undisput-
ed service fee.
S. Patient Charges. In addition to the service fee paid by
Ponder, Denton may charge and collect from persons provided vier-
gency medical services, the patient fees established by ordinance
of Denton.
S. Governmental Immunity Not Waived. Neither Denton or Ponder
waives, nor shall be deemed hereby to waive, any immunity or de-
fense that would otherwise be available to it against claims made
or arising from any act or omission resulting from this Agreement.
7. Term. The term of this Agreement shall be in one year
increments, beginning on October 1, 1992 and continuing to
September 30 of the following year and thereafter from year to year
until terminated in accordance with this Agreement.
Termination/ Default. Either party may terminate this
Agreement at any time without cause by giving ninety (90) days ad-
vance notice in writing to the other, specifying the date of termi-
nation. If either party breaches a provision of this Agreement,
the other party shall give the defaulting party written notice of
the default. Should the defaulting party fail to correct the de-
fault within thirty days of the date notice of default is sent, the
other party may declare the Agreement terminated. Ponder shall be
liable to Denton pro rata for the payment of emergency medical ser-
vices provided up to the date of termination.
to notices. All notices sent under this Agreement shall be
mailed, postage prepaid, to the respective addresses, as follows:
To Dentont To Ponders
City Manager Mayor
City of Denton City of Ponder
215 E. McKinney P. 0. Box 297
Denton, Texas 76201 Ponder, Texas 76259
10. Agreement Not for Senefit of Third Parties. This Agreement
is not intended and shall not be construed to be for the benefit of
any individual or create any duty on Denton to any third party.
Page z
i
PC,,i1j No
tj :,jaItrim,,
11. Assignment. Neither party shall assign this Agreement
except upon the prior written consent of the other.
EXECUTED on the day of 0 lgg_.
CITY OF DENTON, TEXAS
BY:
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCN, CITY ATTORNEY
BY:
CITY OF PONDER /
BYs
MAYOR
ATTEST:
BY: c4~ d~Lzyalt~
SECRETARY
Page 3
CITY
-COUNC]
Y~o s
c ~y
i
i
d / 4
` cam'
Agee dill No
~andaltenL~C-...
r111e _~~~~~7
DATE: 10/19/93
CITY N,0,4JL REPQRT FQ9M&1
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: A Resolution to Approve City of Denton Policy concerning Famlirementsy
and Medical Leave and Compliance with the Statutory Requi
of Family and Medical Leave Act of 1993.
PECOMEN
~A TJ9_N;
It Is the staff's recommendation that the city Council adopt a resolution
Implementing a new policy: "Family and Medical Leave Policy" (107,04), In
compliance with the provisions of the new Family and MRdICal Leave Act (a
federal law),
$VA"Y;
The City of Denton has traditionally encouraged a workplace that promotes
the wellness of Its employees and a strong commitment to high quality
service. The purposa of the Family and Medical Leave Act (FMLA) of 1993 Is
to foster "stability In the family and productivity In the workplace." The
objective of FMLA Is consistent with the current practices of the City of
Denton, as Lignifled in various policies already adopted that promote
commitment to job and family.
EKG QU D
The Family and Medical Leave Act (FMLA) was enacted on February 5, 1993. In
general, the law entitles qualified employees to up to 12 wesks of 1j.02dld
leave per year for:
o the birth of a child of the employee;
o the placement of a child with the employee for purposes of adoption or
foster care;
o the care of a serlousfy III child, spouse or parent; or
o the employee's own serious health condition.
Employers of 60 or more employees are required to adopt a policy In
compliance with the provisions of FMLA. The purpose of FMLA Is to encourage
employment practices that promote "stability In the family and productivity
In the workplace." The r,ew law reflects policies and practices already
adopted by the City of Denton, such as sick leave, long term disability,
employee assistance program, vacation time and leave of absence policies.
Therefore, the Implementation of the Family and Medical Leave Policy
(107.04) Is consistent with the City's current tradition of building and
maintalning a high quality and family-frfendly workforce.
Benefits and employment policies already In existence will be coordinated
with the policy to ensure responsible utilization of the provisions of the
various poilcles.
1Iy.,.ti
October 19, 1993
Family Medical Leave Policy (107.04)
Page 2
Q ~gALL9.PAF~7jMENTS OR_~gQ~Ip4~1EFECTED:
The Family and Medical Leave Policy affects all regular full-came and part-
time employees who meet the employment requirements of the*
he Family and
Medical Leave Act,
F 5 AL PAC
There will be no direct fiscal Impact associated with the new policy,
Respectfully submitted:
Lloyd V. Harrell
City Manager
Prepared by:
Thomas W. Klinck, Director of Human Resources
Approved:
geltty M Kean Executive Director
Municipal S vices and Economic Development
ao^Pt9Jc.i4~
R~vIr0: Wi09gJ
Pr'rOr'~1, l/f1/V3
j: \wpdas\resaVadltoy. r
RESOLUTION NO.
- ~V
A RESOLUTION ADOPTING POLICY NO. 107.04 "FAMILY 6 MEDICAL LEAVE";
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Director of the Human Resources Department for the
City of Denton has presented a proposed policy regarding employee
rules and regulations for the Council's consideration; and
WHEREAS, the City Council desires to adopt such policy as an
official policy regarding employment with the City; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONI
SECTION 1. That the following policy, attached hereto and made
a part hereof, is hereby adopted as an official policy of the City
of Denton, Texas:
107.04 Family & Medical Leave
SECTION II. That the foregoing policy is attached hereto and
made a part hereof and shall be filed in the official records with
the City Secretary.
JE=N III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
.J
BY 1
w
v
CITY OF DENTON PAGE_L_0F_ 5
POLICY/ADMINISTRATIVE PROCEDURE/ADMINfBTRATIV~ DIRECTIV3L,- - -
REFERENC'r'1MJMbER:
SECTION:
Human Resources _ 107.04
SVPJECit EFFECTIVE DATE:
Employee Benefits and services 08/05/93
T17lf1 REPLACES:
~
Family and Medical Leave
1. POLICY STATEMENTI
It is the policy of the City of Denton to provide authorised unpaid leave for
family and medical reasons to eligible employees in accordance with the
provisions of the "Family and Medical Leave Act" of 1993, 29 USC 52611 et seq.,
as amended, the "Act."
The purpose of this police is to enable eligible employees to take reasonable
absences from work for up to twelve (12) workweeks of unpaid leave during any
12-month period for one yr more of the following, In accordance with the terms
of the Act,
A. Upon the birth of the employee's child.
S. Upon the placement of a child with the employee for adoption or foster care.
C. In order to care for the employee's spouse, child, or parent who has a
serious health condition.
D. When the employee is unable to perform the functions of him or her Position
becauso of a serious medical condition.
The leave may be taken on a reduced leave schedule.
In the event of a conflict between this Policy and Policy Numbers 110.01 and
111.01, the provisions of this Policy shall be controlling.
It. ADMINISTRATIVE pROCEDVRESI
DEPINITIONS
As used in this Policy and Procedure, the following terms have the meanings
Ascribed to them.
self who is
and incapable daughter
A. "Child" iyears; biological, ot IS years adopted,age foster, or older stop son or
under 18 care
because of mental or physical disability.
employed for "Eligible Employee" is a regular full-time or part-ti employee who has been
B.
least 1,250 hours of service during the 12-month period immediately preceding
the effective date of the leave.
AAA0191S
F pi
1
PACE-I_OF_§,
POLICY/ADXINIBTRATIVE PR0CEDURS/ADXI11f6i"4IVH-DIRBIWIVa-Jcootiaued)
TITLES "i;., A 'REFERENCE NUMBERS
Taaily and X4421041 Leave
107.04
C. "Reduced Leave Schedule" means a leave schedule that reduces the usual number
of hours per work week, or hours per work day of an employee. Only the
amount of leave actually taken may be counted toward the 12 weeks of leave.
Where an employee normally works a part-time schedule or variable hours, the
amount of leave is determined on a pro-rata basis.
D. "Parent" normally means the biological parent of an employee. It can mean
an individual who had the day-to-day responsibilities to care for and
financially support the employee when he or she was a child. A biological
or legal relationship is not necessary. Tha term does not include parents
"in-law."
E. "Spouse" is a husband or wife as recognized under State law for the purpose
of marriage, including common law marriage.
F. "Serious Health Condition" means an illness, injury, impairment or physical
or mental condition that involvesi
inpatient care in a hospital, hospice, or residential medical care
facility or
(ii) continuing treatment for a chronic or long-term health condition that
is incurable or so serious, that, if not treated, would likely result
in a period of incapacity of more than three (3) calendar days, or
(iii) absence from work, or school, or incapacity in performing other daily
activities in the care of a family member, for a period of more than
three (3) days, and would require continuing treatment of a health
care provider.
0. "Health Care Provider" means any individual authorized to provide medical
service by the State of Texas and performing within the scope of his or her
practice as defined under State law.
AUTEORIfATION OF LGVE
Any leave exceeding two (2) workweeks, which qualifies as a family and medical
leave must be de;umented on the "Family and Hsdieal Leavt FOrro." A written
certification of physician or practitioner, or adoption notification letter will
be required. Any leave exceeding eight (8) workweeks will require the approval
of the Department Director.
Written notifications must be sent to the Human Resources Department in gu
instances where a leave has been approved for an employee, i.e., a completed
Family and Medical Leave Request Form and Certification of Physician or
Practitioner.
111. CONDITIONS OF LEAVE
To receive authorized medical leave under this Policy, an amployea must have
been employed by the City of Denton for at least 12 months and must have worked
for at least 1,250 hours during the 12-month period preceding the effective date
of leave. The employee must he employed in a regular full-time or part-time
position to qualify for leave.
AAA01915
a
Y
~t
POUCYADMINISTRATIVE PROCEDEIRB ADMINIBTRA GE
TIVB DI ER ( Ips
TItIEi / _(,C"tieued)--
REFERENCE NUMBER=
iaaiIV a%A Me410a! Leave
mmwnffizmam~l 107.04
If the employee has sick, vacation, or compensatory time accumulated, he or she
roust taks paid leave first until it is exhausted. The balance of the 12
workweeks allowed under the Family and Medical Leavc Act and this Policy will
be provided without pay.
If the necessity of leave is foreseeable based on planned medical treatment to
care for the spouse, child, or parent of the employee due to such relative's
serious health condition or because of a serious health condition of the
employee, the employee shalls
1) make a reasonable effort to schedule the treatment so as not to disrupt
unduly the operations of the amployerl and
2) provide his or her supervisor with not leas than 30 days' notice of the
employee's Intention to take leave for such treatment before the date the
leave is to begins in the event the data of the treatment requires leave to
begin in less than 30 days, the employee shall provide such notice as is
practicable.
IV. NOTIFICATION AND REPORTING RAWZRMa=l FOR LEAVE EjCEEDING f- - I~ x~ te=
All family medical leave must be documented using the "Family and Medl el 4aava
T4i~1 • ,
The employee's supervisor shall require medical certification, In a form an
attached
employee'ssownheirious healthhconditi n, or to care for a claim se iouly Ill f child,
spouse, or parent. The certification must include an estimate of the period of
time care is needed. The supervisor shall give the employee up to 15 days to
provide medical certification from a health care provider. If leave is for the
employee's own medical condition, the medical certification must include a
statement that employee is unable to perform the functions of his or her
position.
If the need for leave is foreseeable based on planned medical treatment or based
theasupervisor withhatrleaste30ndayshwrittenynot,icetbeforepracticable theprovide
is to begin.
leave
If the need is for intermittent leave or leave on a reduced leave schedule, the to be andtthecduratl na ofisuchdtreat e t dates
or,which
edi atreatment
leave schedule,
l necessityc of dthe regiven
uced
In cases of illness requiring the employee to be on leave longer than four (4)
workweeks the employee must periodically notify the supervisor about the
employee's leave status and his or her intention to return to work. Such a
notice should be presented to the supervisor at intervals of not more than four
(4) workweeks. The supervisor may, where he or she has reason to doubt the
validity of the certification provided by the employee, require that the em-in the Dloee
HumanpRasou cesa cosecond ncerninga any Informat on rcertified desinatthe
ed leave. The coat of the second opinion shall be paid by the City.
AAA01915
+.3
M
f
N
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIE WTIVli_IContinued)~
TIEIEr REFERENCE KMOERo
Fuily an4 Medical Leave 107.04
The employee may be required to transfer temporarily to a position that better
apcommodates recurring periods of absence it the employee is on reduced leave
schedule.
Upon return to work from the employee's own absence due to a serious health
condition, the supervisor may require the employee to present a certification
of fitness-for-duty. The certification of fitness must be issued by the
employee's attending health care provider, if the employee's leave exceeds four
workweeks due to the employee's own illness, the employee must submit a
"fitness-for-duty• form from a health care provider which show-, that the
employee is able to perform the duties of his or her position with respect to
the health condition that caused the need for his or her leave.
V. SOTS SPOUSES WORK FOR THE CITY
Spouses who are both employed by the City are entitled to a jgtAl of 12
workweeks of leave combined for the birth or adoption of a child.
VI. OTATVS OF SENSFITS AHD EMPL0YMM DURING LFAVE
During the leave authorised by this Policy, the City will continue to make its
portion of the health insurance contribution. The employee must continue to pay
his or her portion of the health Insurance premium, including premiums for
dependent coverage.
sick leave, vacation time, and holiday benefits shall not accrue during the
period of unpaid leave. The accrual of sick, vacation time, and holiday
benefits will resume upon the employee's return to work.
Longevity benefits will be paid less the period of unpaid leave.
Upon returning to work, the employee must be fit to perform the same job he or
she held before going on leave, or an equivalent position (not necessarily a
comparable or similar position. The equivalent position must have same pay,
corresponding duties, terms, conditions, and privileges of the previous
position, and must entail equivalent skills, efforts, responsibilities and
authority.
V1I. LEAVE REQVEST AND APPROVAL MWIRFJMS
The employee must provide his or her supervisor with a completed Certification
4t Phvsician or Practitioner form (Exhibit W) as required by Section IV of
these Procedures. The employee must complete a tg[ak1v 89Aj2a1 Leave Reauest
Form to quality for leave.
If leave is due to adoption, the employas must provide his or her supervisor
with the appropriate adoption notification letter.
If the leave regiest motto the requirements of this Policy and Procedure, the
supervisor designated on the leave form shall approve the leave and forward a
copy to the Director of Human Resources for the employes's personnel file.
If an employes fails to give timely advance notice when the need for medical
leave is foreseeable, the city may deny the taking of such medical leave until
AAA01916
V*
PAGB_J_OF~_
POLICY/11DMIllIBTR71TIV8 PROCEDURE/ADMINISTRATIVE DIRECTIVEot,tasaedl_
TITLE:
AEFERFAEE "BE13
EFasily and MediCal LGAVa 107.04
thirty (30) days after the date the employee provides notice of the need for
medical leave.
If an employee fails to provide in a timely manner a requested medical
certification to substantiate the need for leave due to a serious health
condition, the supervisor may deny lease until the employee submits the
certificate.
If an employee fails to provide in a timely manner a requested fitness-for-duty
certification to return to work, the supervisor may deny restoration until the
employee anbmits the certificate.
The Department of Labor Regulations governing the administration of the Family
and Medical Leave Act and the Act are available at the Human Resources
Department for employees' review.
AAA01915
I
au~ ~s1i~u1 _
I1A1[ILY AM MEDICAL LEAVE REQMT
NAME DATE
DIVISION
DEPARTMENT
SICK LEAVE HOURS ACCUMULATED
VACATION HOURS ACCUMULATED
BEGINNING OF LEAVE DATE Of RETURN
NUMBER OF WORKWEEKS OR WORK DAYS ABSENT
HAVE YOU USED APPROVED FAMILY AND MEDICAL LEAVE WITHIN THE PAST 17 MONTHS? YES NO
EXPLANATIONS
I understand that it my leave exceeds four (t) Workweeks, I must submit a "fitness for duty"
posi ion with respe tctortherohealth wcon condition that caused heeneed for my leaveutier of my
EMPLOYEE SIGNATURE OATS
DATE
APPROVED BY
APPROVED BY
DATE (Up to 3 Workweeks)
6 IMI4EDIATB SUPERVISOR
DATE (4 to S Workweeks)
* 2nd LEVEL SUPERVISOR -
DEPARTMENT DIRECTOR DATE (Exceeding 6
Workweeks)
A lniptere o m%mt provide ecertification of physician or practitioner, or adoption notification workweeke.
AAA01926
Page 1 of Z
I
EXHIBIT A
CERTIFICATION OF PHYSICIAN OR PRACTITIONER
(Faaily and Medical Leave)
1. Employee's Names _
3. Patient's Name (If other than employes)s
3. Diagnosis
4. Data condition commenceds
5. Probable duration of conditions
6. Regimen of treatment to be prescribed (Indicate number of visits, general
nature and duration of treatment, including referral to other provider
of health services. Include schedule of visits or treatment if it is
medically necessary for the employee to be off work on an intermittent
basis or to work lass than the employee's normal schedule of hours per
day or days per weak. )s
a. By Physician or Practitioners
b. By another provider of health services, if referred by Physician or
Practitioners
Ir Tan c=RTIFICATION RST.ATES TO CAR= FOR THE ZWLOYESIS INRIOUSLY ILL FAMILY
NOSI=ER, SKIP ITEMS 70 S AND 9 AND PROCEBD TO ITEMS 10 TERU 11 ON PAU 9.
0Td=RMI1;2, CONTIM a=IAM.
Check Yea at NO in the boxes below, as appropriate.
Yea no
7. ❑ 0 Is inpatient hospitalization of the mplovee required?
S. 0 0 is employee able to perform work of any kind? (If "No,"
skip item 9.)
9. 0 0 Is employ a able to perform the functions of employee's
position? (Answer after reviewing statement from employer
of essential functions of employee's position, or, if none
provided, after discussing with employee.)
15. Signature of Physician or Practitioners
16. Dates
,gyr,,~a ~JD
Of-2
17. Type of Practice (Field of Specialization, if any):
FOR CERTIFICATION RELATING TO CARE FOR THE EMPLOYEE'S SERIOUSLY ILL FAMILY
MEMBER, COMPLETE ITEMS 10 THRU 14 BELOW AS THEY APPLY TO THE FAMILY MEMBER AND
PROCEED TO ITEM 15 ON PACE 1.
Yes No
10. 0 0 Is inpatient hospitalization of the famliv membU
(patient) required?
II. P 0 Does (or will) the patient require assistance for basic
medical, hygiene, nutritional needs, safety or
transportation?
12. 0 0 After review of the employee's signed statement (See item
14 below), is the employee's presence necessary or would
it be beneficial for the care of the patient? (This may
include psychological comfort.)
13. Estimate period of time care is needed or the employee's presence would
be beneficial:
ITEM 14 10 TO ER COMPLRTED BY TEE EMPLOYER NEEDING FAMILY LEAVE.
14. When Family Leave is needed to care for a seriously ill family member,
the employee shall state the care he or she will provide and an estimate
of the time period during which this care will be provided, including a
schedule if leave is to be taken intermittently or on a reduced leave
schedules
Employra signatures SSN:
Department/Divisions
Dates
AAAOItlA
CITY
COUNCI
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CITY of DENTON, TEXAS
MUNICIPAL 00LDING l DENTON, TEXAS 76201 l TELEPHONE (817) 566.8909
OfItce of the city Secrefary
MEMORANDUM
DATE: October 14, 1997
TO, Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a ltit of the vacancies for the Cityfs
Boards/Commissions:
Bc,ard of Ad ustment - Council Memk~er Perry has nominated Don Smith
to the Alternate position.
Electrical code Board - Alternate position vacant - Council Member
j Chew's nomination,
Keep Denton eautiful A - This Board has two vacancies with
the resignation of Don Hayes and J. B. Smallwood. The Hayes
vacancy is Council Member Chews nomination and the Smallwood
vacancy is council Member Perry's nomination.
Juvenile Diversion 7"c _Force - Mayor Pro Tem Staith has nominated
Dalton Gregory as Chair. If that nomination is confirmed by
Council, there will be one at-large representative and one local
civic group representative to still be nominated and appointed.
X91 Comtri e - Jack Miller has resigned. Current members are
Roberta Donsbach, Joe Holland, Bill Claiborne, and Kathy Orr.
If ou ' ed any further information, please let me know.
n er alt rs
ty Se etary
CCOOOF4
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Cl ry Of DEMO, rEXAS
MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 5W4"
0111Ce 01 the City Secretary
MEMORANDUM
DATE: October 14, 1993
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of the vacancies for the Cityrs
Boards/Commissions:
Boar, d of Adiustmen _ Council Member perry has nominated Don Smith
to the Alternate position.
F.1QCtrical Code Board - Alternate Chewrs nomination, pcs~,tion vacant - Council Member
Eeep Menton Beautiful Board - This Board has two vacancies with
the reelnation of Don Hayes and J. B. Smallwood, The Hayes
vacancy is Council Member Chew's nomination and the Smallwood
vacancy is Council Member Perry's nomination.
Juvenile Diversion Task [sLtR~ - Mayor Pro Tom Smith has nominated
Dalton Gregory as Chair. if that nomination is confirmed by
Council, there will be one at-large representative and ona local
civic group representative to still be nominated and appointed.
'_-91 Commjt ee - Jack Miller has resigned. Current members are
Roberta Donsb3ch, Joe Holland, Bill Claiborne, and Kathy Orr.
If ou need any further .information, please let me,know.
n err a rs
ty Se etary
CCOOOF4
r
31
NOTES THIS IS A NOMINATION FOR COUNCIL MEMBER PERRY
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JUVENILE DIVERSION TASK FORCE
Agency/Dept/Group Reprssentativa
DISD'S PTA Lucille Chapman
Denton Chamber of Commerce Keith Bass
Local Civic Group _
Denton County Darlene Whitten
DISD Larry Mankoff
Municipal Judge Sandra White
Finance Department John McGrane
City Attorney Tanya Cooper
Police Department Lloyd Burns
Community-Based Organization Elizabeth Garrett
Concerned Parents Organization Calvin Evans
NAACP Carl Williams
LULAC Emilio Gonzales
Denton County Juvenile Probation Department Peggy Fox to
Denton County Bar Association Margaret Barnes
DISD Student Body
Ryan High School Alioia Loveless
Denton Weat High School Campus Kevin Henry
Calhoun Middle School Francisco Rameriz
Strickland Middle School Bryan Burnum
Fred Moore Learning Center Charity Ussery
At-Large Representatives Kerry Jones
AFF00752
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6173674363 I.D.MILLER 8 ASSOCS. 656 P02 OCT 15 '93 06:13
October 15, 1993
Mr. Lloyd Harrell
City Manager rCity of Denton
215 E. McKinney
Denton, Texas 76201
Dear Lloyd:
This will confirm my resignation from the '91 Committee so
the city council may proceed with naming a replacement.
The council will also need to name a new cha'rperson.
I have enjoyed serving on the committee and working with
the other committee members and staff in this Important
area.
Sincerely,
J D. Miller
1006 Burning Tree Parkway
Denton, Texas 76201
I
-CITY
ECOUNCI
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F 7 \51i'DOC f 10AD 1' EAM. D
ORDINANCE NO. o~~a
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON RELATING TO "ADMINISTRATION" BY REVISING ARTICLE III
ENTITLED BOARDS] COMMISSIONS AND COMMITTEES BY AMENDING SECTION 2-
65 ENTITLED "TERM OF OFFICE" TO PROVIDE FOR A WAITING PERIOD FOR
REAPPOINTMENT: AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Administration Chapter of the Code of
Ordinances of the City of Denton is hereby amended by revising
Article III thereof by amending Section 2-65 so that hereafter it
shall be and read as follows:
800. 2-43. Tern of OffiCOm
No board or commission member shall be eligible for
appointment to a Board or commission for more than three
(3) consecutive terms on such b-ard or commission. A board
or commission member who ham served three (3) consecutive
terms shall not be eligible for reappointment to that same
board or commission for a period of one year.
SECTION iI. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the & day of aC.., 1993.
BOB CASTLEBERRYj MAYO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY9
APP OVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCHt CITY ATTORNEY
BY:
`Io"rG
PLANT SCHEDULE -LOT 6 Jr
Minimum
Key Botanical Name Connon Name Quantity Site Nt. 6 5 rl
QueMrcuus"shumardii Red Oak I8 2 112' cal. 10' x 6'
' mus crassifolia Cedar Elm 2G 3" cal. 10' x 6'
Ilex idua Possomharr 14 6'-8' Hgt. 31•4-
R 9
Abella Grandi Abelia rj 50 5 Gal. 18' x 24'
Leucophyllum Frutesu Texas Sage 5 55 Gal. 18" x
1 Y~ Hesperalos Parviflora Re cca .550 5 Gal. 1 24"
Y-1.NES
K Parthen000iSSUS
Ouiquefolia Virginia Creeper 1 Gal.
Gelsemium Sempervirens Carolina Jssamine 1 Gal.
GROUND COVER
C,J Liriope Spicata Creeping pe ~5GL5 4"
Juniperlis conferta Blue ifIc Juniper 3(o25 I Gal.
Buchloe Dactyloid Buffalo Grass -38000 x!
I `,F'Ee,h .,ffn4~1 F'I ~Z N; • .'t" f.!i,'-Aq 4IW44• Mck:WA-f ,3 -Wee e;
• pc't' .:stt !~1 ~7evs~.~, h!~f<E <FV IrM~~~t~ ~ti'~=: r
• f ~M1.y C1 M!" O)A!. A AMrr, r' l+ 1 ,,Avl R . • 1y rc!?WrAle,
Kh0 SCHEDULE - LOT A
QUA301'tj SPECIES SIZE coh'1MExls m
t
C~~ 3 Af5han Pine ; Plnus Eldortta L"Col, 5415
q ShumardOak: Que.rcu9 t" Cal. std ~N4
C") shurnordli OC id7yi 1
2 P¢cgn.Corya Ill.noiseniis 2"Col D4b __r
Q) Zg Rtdbud,Me.xiccn% Ceras S-6' KurSCry I ~I
Conodv%%+% (MLI~tarw) Tall brnV+n R
C7 19 F3urford Hoi1~ + 11cx lSurford'i SGoI. ~
G;) 258 Larissa 1ie11y I~en Carnu~o. S 6n~, o.G
z4,500s S. BuffoVo Grass Bu tWUt Nidromu~ch e,l 11
Doc~ylaSdts (Prairia~ ~
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ad Remarks_
Straight trunk ;:o, nuous or R.B.
Straight tr continuous or R.B.
Multi- It, BAB
ull plant, container grown, plant
24" o.c.
Full plant, container grown, plant
j 24" o.c.
Full plant, container grown, plant
24" o.c.
Staked. full elants,
min. three 30 runners.
Staked full plants,
min. five runners
4' length. Mire to
wall.
Full plant, foliage to cover top
of container; plant 12 o.c.
Full plant, foliage to cover top
of container; plant 12" o.c.
Seed
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PD 16 ZONING
~ Amendmtn>t
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MIN BU~i t'.
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LL~ ~LDIN
5 i 800200JSF
MJ ~t0
PROPOSED IISES PER TABLE OF PERMTTED U&E:
IRS
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VICINITY MAP, _
Square
Footage: #e+
sr we, Library: 30,000
Fire Station: 000 '
~1M
height:
L J b r n r y- Th ter } f t 4f (30 °H'r-l~rewty- --t _ f-2~►~.}
re StALion - Ifhirty fret (30
CarkinP: A bnildJng permit w+tll nr2t be issued ror any ust, that doe_1
'~rar~e:VOru~y ~ 1 i
Sviu4y~M ~59uidambw 2'' Cal, B1~ ~~wy }
54~r~ciG~~~
StcetA `lard = 8500 sq.i'?.
t
RequtredS~r~¢~Yflrd Landscop'Mg 1700sglf
Provtd¢d Landscaping = 1 9S0 sgA~ 54%r i
to'Pa!!<'fubt ~
R,e,qutr~d Sire-e.klre,~s = 3"i Z+e
Pro~id2b S~cea~ Trtcs = 5 E,.,/ 1
r <usfix✓
8 'Cc,rn,
ft/1t/,VGl9' I
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Amendment Boundary
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I15RAARY Ex
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goon sQ.FT. ( 05 I cf~
tiPOO c I //P~°/~ EXISTING ZONING PD-18 d PI
` 9 /islo Sq t; + 11 1'
llc~
/'hasa'3I
apoosq.cl. 25'1 BLDG. LINE
_ rti~..{Mkf~.- _
Ixi~ntib e
O UTII Y
W. _...__.a~• , /fem..-
F.M. 2181 TEASLEY LANE '
nvrrr/ ns+.rvo «rut/e r ~
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d~~4a PAD SITE
6,000 SF
Op,
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us[ In
1 r AK K of
, ` Ip! „M111E0 USE i ?
ZO'f ILIT'Y ksmr. Y z _
LILLIAN MILLE
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Owners
CALE 1' 60'-0'
zo 40 (.0 Ba lob City of Denton
and
NCNB Texas National Bank, Trustee
Planner
City of Denton
ilul. 111VUL LILL' rcyutremenLs a.4 6pt! :21lt'll ]I1 Hl L ll'1C l 1
B-'Zoning Ordinance,.
ace a aces IProvided
S
Sp/Requ i red
llo
Library: l10 5
Fire Station: 5
1-_ ins X15
Total:
Loading: Per Code
Note: 34--te$-f
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'
Street configuration illustrates,ptoposed TAU01 t
r improvements.
Current streets are 2-Lane vndiv,ided asphalt. ,
r .
All signs sha" be in conformance with Article 17, "sign
regulations", -B-Zoning Ordinance.
Landscaping shall conform'to that showd on the plan and
yr plant schedule.
):R PARKWAY
A
Amended Detail Plan:"
j
Re N. We ADDITION
Block One
Lot A & part of Lot B
Being 3.396 Acres in the
C. Poullalier Survey A-1006
City and County of Denton, Texas
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1 The following uses will nut be permitted@ j
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a. Sewage Pumping allm
NDTES I p
pAM b. 6ewaQe treatment Plant e.c ept as May be per silled for pr 'a
Stable or related foci title- for hoods ,i
'per of pluck A, Lot I Icmr 76!92. of 2.668 acre: , At Ltk-bargrr, d. Truck Parking lot .j
116 I. 3aya, Ord tsv locate 61n/366 :e/3. e. Commercial parking jut with structure t
111111111110 (19ft residents is a located On the nea prol.orty ss roomed. Auto wriching selvage yard
tirS PI la ft. wide dr hard surface will be core
asa ucled around the rocAPPing it treading V
riygDerrNter dl the building nq as each page o of the structure The 1+ h. Poultry hatching /
P311oh6trudted. 1. 5twape yard
¢e oalmum building height shall not exceed 63', hcwaver the +turage F
~poldlnp height Shari not dreNd 28 'batwsen 33' and 5411' of 3k, , sandy dy or r gravel el r ;at Al ser or or Industrl al uses requiring spec aa', i~
`*Ailin0 of TWA ha ma Losses
Fit? t wefts, which may y be be used for signs, ahaSl not exceed O' 1. Private utility shop a storage L+
IN el pot. s. Storage and sale, of used furniture cur Appliance, outer ?3
Tapp the site is located within a IBA year floodway according to building
(M ftrrpnt floodway maps.' An existing pipe draining beneath 1-33 pui
n. budi slirepe in front m sl tle Wrda
~IwtlalU across the south canner of the sit: and a public drainage p, OSumlly utside talented b n Or
/ta it to proposed as Indicated. A 26' RCP cuteert Will be placed
i eAQar, the new entrance drive. All on-alts run-off Milt be diverted THC PROPOSED MANK0 DEVELOPr1CNT DISIRrCT WILL PERMIT THE
talM IRkT strip or 1-33 via m-site paving. An invert wilt be USE97
tonstructod at the B.E. driveway for the purpose of diverting dealn-. -
pglfflow 4o the MOAT ems-sent and to 1-33. Tire stops will be Art Gallery or ihsoum Tnrmtrei eaeept drive-In typl'I
jaaiKrd sloop All other Paving edgeu to allow unobstructed runoff. Buslnoss Trade School Auto Painting and Sody Rape ,
~ILIWT OF PROPOSED BUILDING USAOEt telephone Business Office Auto Bales and Repair tin bu, a
YKett" Building Area-33,406 a/ Selo, tennis, health club Beal cover and sufller Instal
l Total nueber parking spaces rsqutredr 136 Ro11 K or [cs Sk atingRtnk Snap
ylldlsuA NO. Cospact Car ►PACOS Per at ttede 29 Aituarmont Center Used Auto Parts Sales tin buii
New Auto Parts Sales Store Bakery or Cunf ectlonaly Shop.
lblri If proposed bay dooro are installed ce *,it doors oe Now or Used Car Sales Lot Small Cleaning and Pressing
Ameded, up to %IN 761 aPaua say be eliminated an indicated Itn open) Pickup
an shoat DSP-j. Antique Shop rre,nhrmise or Plant Mwraery
Cafeteria Househuld Appliance Service !
f" Gaston Personal Service Shop Itlm4ograph, Stationery or Ls'~
Florist cr Garden Shop Pr of easimale Adesn-trsllre I
Lease, or Lase/purchaaa of including wedical and hoalt'
on-sits facilities as condo- Service facilities ■insum wnors'ilp ww
Handicraft Shop 011 promise sale of aver and
Self Service Laundry Or Clean-n, premise sale of Bear and/
ing Studio for Photogr aPher, M's,`
Licensed Private Club 4rtiste air Health
Pawn Shop 11to1 or Trrilsf rental
Rostuarent Ar !mad Clinic ur fliispit Al ~f
i. Retail Stores and Shupe Cleaning Ana Dyeing Plant Ic
Secondhand Store, Used ru-Ai- Cleaning Plant, Bags br Car
l:- lure or Rumsage 8410 cial wquipmento
Bakery Iwholotolel read Stare M
Cabinet and Wholstwy Shop Glothlrq Manufacture a U911
Engihe and Motor Repairing ding or Fabrication
/~a^ ^1 Commercial Laundry a and Job or ewepaDK Printing d
Heavy Machinery Sales an0 tlholeule Pet roiwen Pr oduct~
~ Storage 8clsnllf lc a Research Label?
Plumbing Shop Storage or 11616 Marshoi.ee
t. Manapesent/Open attms storage tleplesals office and aeepls
CST
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Spacm as nbaJad un 2nd floor Auto Landry Iwhen sewage is connected
pus atop to Cstv s«vlteal tlCr7
Night Club W OanCe Nail, dance llonr area will nht ow Caad 20M of pact use Shared parking Crllerto will wly apply In this P.D. District upon v
the opaling of a restaurant.
S, Nuhicles not in shop that require body work or palntsnq must be ~cll" MMM
parted to roar. v
0, SCr &entng for rear property line Mall be 6' high hedge scr eaninq. ,
See Sheet LSP-l for details.
i 10. No corrugatsl or .test of spy fend shall be visible from front
rlevatlw. h
~ro_ it. 6+m tree shall be installed to help screen any bay door that may J z f
be Installed in front yard of building.
k~ 12. Masonry will at front property line Mall to minimum 20'-0' Iwq
11 each side of entry drive with option to e.tend it full width of M'
property. Mall shall be not less than'-0' nor greater than a'-0'
In height. Property identification name Mall be 'Oaleway Plata'
t~~y and shall be placed in north masonry wall adjacent to entry drive.
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LANDSCAPE REMOVAL, PLANTING
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0 2 Stptonth MSPIO 2° min. cal.
C 5 Cedar CIA 2" min. cal.
Ij to ND. CANOPY IREES fROVl DED
22 NO. CANOPY TREES REDOIRED
D 9 2" m1 n. [el.
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and type. i
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See thlt Sheet for loratlon.
4 Buepater unite. Sce this Sheet(!
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'LANDSCAPE DATA 162,440 sf.
PROD. N0.
Street Yard Area
kindscaped Area Required L-33M
(20% of Streetyard) 10,488 sf
Landscaped Area Provided 10,561 sf
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Atchliecture Plonninq Interior Design
i OF woJu Suits 201
14850 Quorum Or.
NIS pr*oraRrr is Dallas, Texas 75240 214/386-0338
ADJACW
ca"MCLALdi"TWa UK
f N - RECEIVED
I iAN S
OCT 8 1993
X
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MAN Extt 104 PLANNING 6 OEYEiOPMENT
DEPARTMENT
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MAx HT. OP BUILOW 7%0 ~T~AbOVE FiN FLOOR
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OPEN AREA q, 6 ACRE6
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- WIV 6QFT. • 30 SPACES
- \ OFFIC VIV) X 6;00 SOFT, . 20 SPACES
~`a \ }opE SE ~I) x 61~,G.~m 11?, SPACE T~TAL RECUIRED 1 ACF6
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low
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TEXAS
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Or ILAOT. FLOOD KAM
tai canrw~cTa~
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CONSTRUCTION
ITl,rr,awto FLOODYLIY RAYMOND CON
IlF'110t
2510 SOUTHWELL SUITE 114
DALLAS, TEXAS 75229
revisions
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date Iz,
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sheet title
delailed site plan
sheet no.
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TABULATIONS
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RrtAI SIT[ APIA 11.55 A:'PPS 111.117 it
!tA[IT TkPD Inaf Incrud'nl PAr LVArI PP. Fr 0LAP Tr TAI,
' Ir.l'S A! 1 et t1,; d0" rl ,
!TOM 1W LAP:50PIS;
PL,DIAtc 1741 91 1011 Pltert Y414I r 1:1, PL :D UP rl 7D UA el
rA:Vlltc Irml tor!idlnJ jlrLcyl ~Gc~l'f 050%2,40 I! 1,; St II:11 101 99Cy ~G7N
rFLY tLND IPn; IaJ Ury jr of 1.1 Irr1 ctNP11 '
100 PI IrlseAEIr AIH ~6APf _ 1.i~~y0~(~.T~•~ _._..___--IOi,345°t' (G(!•IP~ .
t/dVICI: I1n rl
.ftnp WILN1vAf1 .Vi., E.P 6rA) IP.: e'. tt 11511 II Or t:3G X.IM (7j'L
TOTAL FOR 111 SIMI YAPD AkIA rjcrAnil 1CP:t cn1Yl rIc 1:1O SP
t!?AL PAAMIN; N:N DTPItT IAPD APEA ;j, AInA 111-N col Yl 1: 117 •1
PAAPIA; APIA LAX;5CAP1M: II a Alnp Pjcrr unlrl
$to LET TA.AD P1;4U1PED IY11 $loo SIR
STPIIT IAPD PPOVILED 3',,40 5P (20'h~
F:N STIJET YAPD AEDU1rID 111} IFS At
N N sTNllt VAIIL 11, VILED f! (4 ll~ "!b`f
PN7rtcT[a toM UN WE 110' or b
pr Hlet) U !•f
tPUTKT[D Torts IN STPILT LAP, I
AA.T6:T" ims 10 STPIEt IAND TO PDAIN
rlaP:TID tF1I0 IN 571,117 IAPD Tv LC PUV'rID
PAOTICTID TAIII CM IITt 10 PbtAIA IC LYI
PAUTIiTD TOM CIA 117[ N It PYNJVto frY
"Alit too TPIt A1QOArtmENT1 J
11'XYIAID 17' ultl rt Nlnvarl 'f
PN.VYL[D
51
loll C10I1,17 TOP 4 P[hA[MIA: FA PT[Etta Th l15 b
1071,E Ibre? rMD TPEt1 PPEVID[D A;O A
TOTAL T0111 IACVILED ON LOU Ilnclullnp ncn Ptilet Yct•1 6 A
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QENERALANOTES
L
1 TML (MIND A:PtrS r, OAfPTAIA LAPJSI'Arf FN A001111 IAAPk AY. r44
ALL LAPDJCAPI PAW AIIJTTIM: PAPPIM; 1:11 PP VFCDT'LAP "5/ APIAJ JNALL 11
PF:TC'TlD'10 TN ctiPlN. rAAM1ND 1:.'i PJ DA FIkILAP EAPAIAP> V Itlit[I7 10
PPNtttl Ixrn to :0 YLMWu:AP ;ATP11St':l
Vf. ALL LAAC5CAPIMt ENALI. PE C.14JTN.'11D, IP51ALIVD APL FPINTAIAID 511 AL 4.1 10
FP5TAV?7 TN[ LIM CF A T,PIST• ItA114 trf P!/YET APL TI A' [So EAIVES APL
. PAPYIN; W L19 NP.AP 10 5111CT VNPD LNTPIIJ AMr FAIT? M t tn.A'L ANY LAND
V J•A JP MNI•.N 'PEAT[/ AM I1.11,101.:4 tT Vtlk Et L •ATAL :N 1FE PAL ICI uP ANY
As PLI 'PM
V
A I. 71,1 i`WNCP A4113 To kAIN7A:N TNI pp.,L.1PELL TFItS. LPN:`'p.l[ AILAS AA:
10P[lr;N; IEM:r'b IN C?:L r'f W?ICM AP: "ALL C-.H. WI;'E kA fITAtN TF1 MP,
Dir S1 AJ T' c',krlr NITM or 07MLr PI; IIFLPP:MT5 rr TPA rIAT A LAMLS:APS
CKIAAM'I
S, ALL tANLVIr1 APEAS $NALL it 1PNI;AttD if AA A" h rktl'I'NIrF:0 " ND SIPINFIto
SWIM WAIT TOTE AIEAP FNbN )ME tOn AM NITFIM TNP IL [ F".C4
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A?ch;tctlfe Planning Interior Uefign
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NOW 14854 Ouorim Ur. Suite 261
Omlas, Texas 75240 214/586-0558
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PLANT LIST
`,~Itl _IC7,l1Tlt,__PPACiI;IPtrM33 tN3J1..115?ASLPD
10'1 1' Sur serr Gs ova f•Phate t
1I I phase 11 1'~tstehtet conk •11'thaselll! Poue 1 1l Pnate 1 ,
10'1 1' ledA one nin tmue I Phase i
!i"!.1' S' a e. SI•PAUe 1. 77 Phase 17•Pten
11"!11' 7' a c. $%-Phase i
full IY o.c, 1104tate 1
~uundeovn beds ioelted betveen curb lines to the 01W Wd treat shell
01,15 end welst-114d erta$
RECEIVED
OCT a 1993
rte,,,„, eUVEI.OPMENT
DEPAflTMENT
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TREE PROTECTION NOTES
firrf InL rrtrl l6/ to Pln to tr Irt alrN an tr r
ylulertll II tIr.i Pllu tv 1, r, nay c'P C I ne lrn
Ia1rNP 1'-1 Irfl 4p yU':r urtll f,.nllt altlvr N c r{.«'Ir
M1n„l ui .IIY I,ml lr!rl1 full~lnl U~r llrr o! rlmlae
IIr11 ml .III Ir Va•trl at tLr Lotnb'li llr Na Ir,r 11 rr
r,i f,r1 a d11111 Irrirlni r)ll 7r rmalm r•1 ~1
rAlr lilt rnl~h all C• a[+leatr to {lufot lRr
I. Iall [crl r.lvn trnllt1 rI It,.n rr!,I CIr IIHf r: ..I
ILI if .1 rlol ynr L1 cf 11{{I1 It
toot I'A, dllt vlLnu'r dW to Ota l• u1.1•.1•+ l,, ral rl
lt.an 1 In^'rl r.,t et fill! cl lU9aPillii f
1. rowAa la rty<rrl Ic~l/l1 wY of Ilrtl tl r••6
ln)ru it yn rnt, 1
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~-~%v'~} STREET YARD LANDSCAPE
ti..
STREET YARD PARKING LOT LANDSCAPE
[ 1f y` J" NON STREET YARD PARKIN6lOT LANDSCAPE 4.
T f
•r''~ E%15T1N6 TREEfBPUSN 70 REMAIN ,
r'~ 1
~i E%iST"NO 1AWBRUS4 TO BE REMOVED
~ALt 915
AREA ~ lib,!00 ACRES
B,'I.D Nfs AREAS PP-45E. ONE 49,6
PHASE Two el 16
PNA9E THREE 12-41
F,A.R • 11 TONED PD
OPEN AREA 9b ACRES
co/ER46E 4214
j =POG n«~'r i'f l YR ck"rF NORTH STREET YARD 135 ACRES .y % L',
E"bi STREET YARD 1i•` ACRES OL% Li
♦
~t PARKING
ti BALES 11/2001 Y 3.900 SOFT' 50
O~iGE (113001 % 6 00 SUET = 7D
WAF2E~Ow°E (1/!04901 X' ~ Sco 5dP
1 TOTAL REOU'RED 1635PAGE9
E, { TOTAL RRO'/lDED 65:1*AGES
4 ~ {
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ti N 71 f' W 424.04
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WEATHERTROL"
l,F F l.Y 1)~J1F'AtIY
DEIJ TOrJ, TEXAS
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RAYMOND CONSTRUCTION
2510 SOUTHWELL SUITE 114
DALLAS, TEXAS 75229 y
1!: 1
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~PAGE9
,i ~SPAGE9 LNVIR0 DESIGN
r.e LANDSCAPE ARCIMECTS 9107
PLANNERS
„a sheet title
' 7424 Greenville Ave. • Suile 100 1 ETA L @ V LAWDOCAPE PLAN
14
p Dallas, TX 75231
no, ,
4
Ak
1