Loading...
HomeMy WebLinkAbout03-19-1996 i i wr~~►rnr~►.r 5 Z< U. 0 ZONING 5F-1 y.uu J F0<<< N!W 6' HIGH WOOD PENCE DURING PHASE 1 ,~,~..,~...~.,.~l...w2r ! 11.11 w ~Q O t u w ml~ Wl1 R T A h 1 . , ^CW 3REA~T VA K I r ZONIh~ ' . 8F-1 I o. u~ HATCHED AREA wu w w FUTURE BOND ~ c 104, 155UE i f j 0 F- ' ; r r oll r 4 u x cn Y, Of /o lo r• < W w <W~ L: 3:o c F- ~ a of r 1 ZONING ///V~~/~N~ I - 1 ~ 'Y 5f-1 vy~~~J r C /r" / i i lJ s~ err va~r r doom low 1 a 1 1 Iowa w W u ~OM Ai~~ ~S --`1 31, rrr ` IMM 'r L. * moommoommo~ ZONING RTY SIB-"1 C ► ♦i fir`, g...o~~ 1,f~ t'~` w_ Doe. n.t a4 r ~  I N AREA PROVIDED a a Q C br~'a „~1ND~CA~! ZONING a 4 x W w SF-1 n A D a a U rss~r ~ a1VY f f z w Q L . L J -j-- _ onj < w oo eoo to i'~ w~ r 111r A ~,1'I r r rr ~r r l~ s x 1 N aM 3112' W 14,410 Mlm===2vft 7- v O J - - - F z Me < z > w NOTE 1) let b~ • 4j'~ rYJ ALL =41M i Ef J s' s PARKING LOT LAYC L. a E 9CAI,E; I/IG" I'_0" MAR b 8 '896 R noose" -mil . ZONING SF-1 SHEET ■ 1 ~ i 1. i r i ~-N -.Magid I` r t I 1 I 1 ~ t CITY COUNCIL AGENDA PACKET March 19, 1996 1 i ,f W , 7 1 i [Agenda No AGENDA nda 114M CITY OF DENTON CITY COUNCIL - - l ~3 March 19, 1996 Closed Meeting of the City of Denton City Council on Tuesday, March 191 1996 at $115 p,m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, T©xas, at which the following items will be I considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 11 Closed Meetings A. Legal Matters Under TEX, GOVT CODE Sea, 551.071 14 Consider settlement offer in Jo Ann Cohagen et_41 2, consider, participation with "Steering Committee For the Coalition of GTE Cities" in recommending to the Public utility commission the denial of a $16,600(000 statewide rate increase which would result in Denton rate payers' paying an additional $1.06 per month without receiviuq any additional services from GTE. 3. Consider claim of Christopher Rodgers on bahalf of Fred Rodgers. j B. Real Estate Under TEX, GOVT CODE Sec. 551.072 1. Discuss the acquisition of property for expansion of the City's landfill and wastewater treatment plant, C, Personnel/Board Appointments Under TEX. GOVT CODE Soo. 551,074 1. Discuss the apt ointment and evaluate the applicants for the position of City Manager. Regular Mooting of the City of Denton City Council on Tuesday, March 19, 1996 at 700 p.m. in the Council Chambers of City Hall, ! 215 E. McKinney, Denton, Texas at which the following items will be considered: 7100 p.m. 11 Pledge of Allegiance A. U. S, Flag B. Texas Flaq "'Honor the Texas Flag I pladge allegiance to thee, Texas, one and indivisible," 2. Consider approval of the minutes of November 71 November 14, November. 21, and November 28, 1995. c• 4 City of Benton City Council Agenda Aombt~on~_C.~1~_ March 19, 1996 gsnda Item" ~p Page 2 UAIO M.2:~.. _ W 3, Citizen Reports A, Receive a citizen report from Willie Hudspeth regarding meeting times for city Boards and Commissions, B, Receive a citizen report from Dessie Goodson regarding streets in the City of Denton, 4. sHold a chedule and selection and p ocesstfor selecting a City Manugere 5, Review and give staff direction concerning the proposed charter and bylaws of the Economic Development corporation of Denton. 6. Public Hearings A. Hold a public hearing and consider adoption of an ordinance for a Specific Use hermit for a parking lot for the Sullivan-Keller Early Development Center, The subject property is in the Single Family 7 (SF-7) zoning district and is located on the northwest oorner of Davis and Wood Streets, and is more commonly known as Lots 1-4, Block 41 of the College View Addition. (The Planning & Zoning commission held a public hearing on March 130 ! 1996, and recommends approval 7-0.) B. Hold a public hearing and consider adoption of an ordinance amending Ordinance 94-037 for 11,92 acres to I increase the permitted density from twelve (12) dwelling andttoincrease the maximum( allowed lbuildingtheightafroom 2 1/2 stories to 3 stories, The subject yy the Multi-Family 1 Conditioned (MP-I[oj) zoningrdistis in rict and is located on the southeast corner of Bernard and Collins Street. (The Planning & zoning Commission held a public hearing on February 28, 1996 and recommends approval 3-2.) 7. Variances A. Consider variances to Sections 34-114(5) (perimeter paving), 341.14(17) [sidewalks) and 34-012(e) (drainage design standards] of the Code of Ordinances, regarding Ganzer Estates. The 117,049-acre site is located directly southeast of the intersection of Ganzer and Barthold Roads, in Denton's extraterritorial jurisdiction. (The planning & zoning commission recommended approval of the three variances on 2/28/96 by a 5-0 vote,) i 'tN G 1 I• A49nds f1n „ /4d City Of Denton City Council Agenda 1.o3nJa Ifrm- March 19, 1996 Oaio_~ Page 3 -w•._ 8, Consent Agenda Each of these items is recommended by the Staff and approval theroof will be strictly on the basis of the staff recommendations, Approval of the Consent Agenda authorizes the city Manager or his designee to implement each item in accordance with the Staff recommendations, The City Ccunoil has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 9,A, 948, 9.01 9.D) 9,E), This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agohda. Upon the receipt of a Itrequest to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase orderss 1. Bid #1864 - SCADA-Mate Motor Operated Switoh 2. Bid 01876 - PVC Conduit and Accessories 3, Bid #1877 - Distribution Transformer 4. Bid #1879 - Pole inspection and Treatment 54 Bid #1858 - Reroofing at Central Fire station 66 P.O. #60409 - Covey Leadership Center 7, Check Request - First Southwest Company B, Interlooal Agreements 1. City of Corinth - Impoundment and Disposition of Dogs and Cats C. Tax Refunds 1, Lief 0, Haag, $040,40 2, Southwest Land Title, $520,63 3. Donald a. & Linda Jo Carter, $641,31 4. Donald J. & Linda Jo Carter, $667.94 9, Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or sorvices, (8.A.1, - Bid #18641 8,A.2. - Bid #1876, S.A.3. - Bid #1877, 8,A,4. - #1879) B, Consider adoption of an ordinanoe accepting competitive bids and providing for the award of contracts for public works or improvements. (8.A,5, - Bid #1858) i City of Denton City Council Agenda Maroh 19, ]996 =1om Pago 4 0. Canxider adoption of an ordinance providing for the expenditure of funds for purchases oP materials cr equipment which are available from one source in accordance with the provisions of state law exempting such purchases Prom requirements of competitive bids, (B.A.6. - P.O. *60409) D. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by tho City for fees to Pirst southwest Company. (8.A.7) 9. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the city of Denton and City of Corinth for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of saia agreement. 10. Ordinances A. Consider adoption of an ordinance directing the publication of Notice of intention to issue Certificates of obligation. ; B. Consider adoption of an ordinance directing the issuance and publication of Notice of Sale of City of Denton Oeneral Obligation bonds. { 04 Considov adoption of an ordinance directing the publication of Notice of Intention to issue City of Denton Utility system Revenue Bonds, and directing the issuance and publication of notice of sale of said bonds. D. Consider adoption of an ordinance annexing a tract; comprising 11.34 acres, located east of Mayhill Road and north of Blagg Roadl and temporarily classifying the annexed property as "All , Agricultural Di.stri.ct. (A-69) (The Planning & zoning Commission recommends approval (6- 01.) E. Consider adoption of an ordinance annexing a tract comprising 21.62 acres located on the Estates of Porrestridge Section IX) and temporarily classifying the annexed property as "A", Agricultural District. (A-70) (The Planning & zoning commission recommends approval (6- 0)). r F. Consider adoption of an ordinance annexing a tract comprising 34.78 acres, located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airportj and temporarily classifying the annexed property as "All, Agricultural District. (A-71). (The Planning & zoning Commission recommends approval [6- Citx of Denton City Cnunoil Agenda Clio Citc March 19, 1996 ,.,,,...,...,__.......r-.~ page !3 d. Consider adoption of an ordinance authorizing the City Manager to enter into that first amendment to the professional services agreement with Resource Management International (RMZ). (Public Utilities Board recommends s approval,) H, Consider adoption of an ordinance authorizing the city Manager to exooute an agreement with Freese and Nichols, Inc, for professional ungineer.ing services rotating to the preparation of the Cooper Creak Regional Detention Study and the Pecan Creek Tributary PEC-4 Channel Improvement .study. 11. Resolutions A. Consider approval of a resolution establishing a Development Policy Committee to make recommendations concerning the update of the Denton bovelopment Plani appointing members to that committee) appointing a chairperson of the committees and setting forth the duties and term of the committon. B. Consider approval of a resolution naming the multi- purpose room at the Martin Luther King Jr. Recreational Center, (The Parks & Recreation Board recommends approval,) 12. Consider appointments to the Downtown Advisory Hoard, Traffic Safety Commission, and the Cable TV Advisory Board, 13, Vision Update 14, Miscellaneous matters from the City Manager, A. Renoive a report and hold a discussion regarding trio 1996-97 Budget calendar and give staff direction. 15. Offioial Action on Closed Meeting Itemsi A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 16, New Business This item provides a section for Council Members to suggest items for future agendas, 17. Possible Continuation of Closed Nootingi A. Legal Matters tinder TEX. GOVOT CODE Sea, 551.071 B. Real Potato v Under TEX. GOVIT CODE Voc. 551,072 a r , City of Denton City Council Agenda nq;ndaNO. i March 19, 1996 1~ar,dnllnm g cj Cn Pa e 6 oal....~~ C. Parsann0l/Board Appointments Under TEX. cow T CODE Sao. 551.074 C E R T I F I C A T E T certify that the above notice of meeting was posted on the j bulletin board at the City Hall of the Ctty of Denton, Texas, on the day of J 1996 at o'clock (a.m.) (p.m') CITY SECREWLRY f NOTEi THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUE.OTED AT LEAST 48 HOURS IN ADVANCL OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SE0RETARYf8 OF'F'ICE AT 666-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRVTARYeS OF'F'ICE. f ACC002F3 i i } b 1 CITY OF DENTON CITY COUNCIL MINUT 'I*6k~~ November 7, 1995 ApAd*OWN 00 V The Council convened into a Closrid Meeting on Tµe 1995 at 5145 p,m, in the Civil Defense Rooms PRSSENTs Mayor Castleborryl Mayor Pro Tom Bilesl Council Members Brock, Cott, Kruegox, Miller and Young, ABSENT: None 11 The council discussed the following in closed Meetings A. Legal Matters Under TEX, OOV'T CODE Sec, 551,071 11 Discussed and took action (in open session) on settlement and defense of contemplated litigation concerning the denial to rezone 3 , 753 acres from SF'-7 to Office zoning on the south side of I-358 and Lindsey street, ; 21 Considered action in Levonitis vl City, et a1, B. Real Estate Under TEX, GOVT CODE Sec, 551,072 i C. Personnel/Board Appointments Under TEXI GOVT CODE sec, 551,074 1, Held a diaeuaaion regarding the appointment of an interim City Manager and gave staff direction. The Council convened into a Regulartoloeting on Tuesday, November 7, 1995 at 700 p.m, in the Council Chambers, PRESENTI Mayor Castl.eber.ryl Mayor Pro Tom Bileal Council Members Brock, Cott, Krueger, Miller and Young, ABSENT; None 1, Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance, i Mayor Castleberry presented the Yard of the Month Awards tot DPW Direct Inez Kelly Brandy and Tammy Stein Andries and Karen Sigtenhorst White Furniture Company - Downtown Business Award Mayor Castleberry presented a proclamation for Texas Recycle Day, 2, The Council considered approval. of the minutes of August 1, 1995 and August 8, 1995, r City of Denton City Council Minutes November 7, 1995 Page 2 Young motioned, Cott seconded to approve the minutes as presented, On roll vote, Miller ""aye", Young Faye", Cott "aye", Krueger "aye", Brock "aye", Biles aye", and Mayor Castleberry "aye", Motion carried unanimously. 3, Citizen Reports A. The Council received a citizen report from Dessie Goodson regarding various issues concerning the City, Me, Goodson stated that her utilities were disconnected on October 4, 1995, She had followed the procedures which were agreed on and fifteen minutes after she returned home, her utilities were disconnected, she was arrested and taken to jail during that time. She was not allowed to make arrangements with the Utility Department to settle her account, She had started a petition against allowing individuals access to utility bills, People ware t, best but she was oneiwhotknew~/her working in her l was $65, t but oshe could not underLt-and why it would be that amount when she did not have utilities suoh as water and electricity, She was on a fixed income and could not afford to continue to waste money on food which spoiled when her utilities were disconnected, B, The Council received a citizen report from Bob Stermer regarding taxi cab service in the city, Mr, strmer stated that there were might be another cab company coming to Denton, He felt that if the City could regulate how much a company could charge for taxi rates, the City would help the current companies, The City currently had four companies which was far more than enough, The City did not need another company coming into Denton, He suggested that the City regulate how many companies could operate in the City, He also knew that some companies took fares to the Airport. He was representing three of the current cab companies i in Denton , H rate for out-of-town fares such as to thesDFWeAirport lasicurrently they were required to run the meter instead of having a flat rate. He folt this was important for the existing companies in order to thrive and improve, Mayor Castleberry asked staff to contact Mr, Stermer for more details on his proposal, 4, Citizen Requests A, The Council considered a request from Mark Knabe of 4K Productions for an exception to the noise ordinance Sunday, November 19, 1995 from 2100 p,m, until 6100 p.m. for the use of a public address system at the North Texas State Pair Grounds Rodeo Arena. i (V City of Denton City council minutes n~;nda Flo. R November 7, 1995 Page 3 r,;snda Irm Daio veronica Rolen, Administrative Assistant, stated that Mark Knabe was requesting an exception to the noise ordinance on Sunday, November 19, 1995 for a bull riding event at the North Texas State Fair Grounds, Krueger motioned, Young seconded to approve the exception. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger Faye", Brock ,aye", Also "aye", and Mayor Castleberry "aye". Motion carried unanimously, Council Member Cott left the meeting. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance to rezone 4.095 acres from the Light industrial (L1) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Kerley and Scott in the Willoworeek Addition. (The Planning and Zoning Commission recommended approval, 6-0.) Frank Robbins, Director for Planning and Development, stated that the Planning and Zoning commission was petitioned to initiate a zoning case which it did approve. The property to rezone was around the intersection of Kerley and Scott Streets, There were a f number of existing homes in the subdivision with the rest of the property currently vacant. The developer would like to build single family homes on the property if the property could be rezoned from light industrial, The proposal was in accordance with the Denton Development Plan policies and there was no opposition from area property owners, Council Member Cott returned to the meeting. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was consideredi NO, 95-212 IN ORDYAWN OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 (SF- 7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4 095 ACRES OF f,AND LOCATED IN THE WILLOWCREEK ADDITION ON THE !r City of Denton City Council Minutes M1' "dal,n November 7, 1995 ?anda 110m NORTH SIDE OF KERLEY ;STREET NEAR ITS INTERSECTION WITH SCOTT STREE'r1 PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOPI AND PROVIDIN1 FOR AN EFFECTIVE DATE, Young motioned, Brock seconded to e..dopt the ordinance, On roll. vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously, g, The Council held a public hearing and considered adoption of an ordinance to rezone 1,173 acres from the Agricultural. (A) zoning district to the Single Family 7 (SF-7) zoning district on property located around the intersection of Windsor and Riney, (The Planning and Zoning Commission recommended approval 6-0,) Frank Robbins, Director for Planning and Development, stated that the zoning district the property was located within allowed for e; one acre minimum lot size, This rezoning would allow single family development on lots no smaller than 7,000 square feet. The proposal was in accordance with the Denton Development intensity policy, The Mayor opened the public hearing, tJ( No one spoke in favor, yI No one spoke in opposition, The Mayor closed the public hearing. The following ordinance was consideredr NO. 95-213 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICUL'T'URAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 (SF- 7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1,173 ACRES OF LAND LOCATED ON THE NORTH SIDE OF WINDSOR DRIVE, AND THE EAS',.' SIDE OF RINEY ROADI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN EF'FEC'TIVE DATE, Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Miller naye'l, Young "aye", Cott "aye", Krueger 'Jaye", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously. I eCity of Denton City Council Minutes November 1995 Page 5 a"~ar1o,., C, The Council held a public hearing and consid roe d adoption of an ordinance approving a Specifia Use Permit for Colonial Lodge of Denton, The 4,511 acre site was located on the east side of Bernard Street, -approximately 750 feet south of Collins, (The Planning and Zoning Commission recommended approval, 7-0,) Frank Robbins, Director for Planning and Development, stated that this was a site plan which went with a specific use permit, The property was zoned SF-7 and a home for the aged would be built on the property, The Planning and Zoning Commission felt that all criteria had been met and recommended approval, There was one letter in opposition from an adjoining neighbor, The Mayor opeiaed the public hearing. Charles Daniels stated that there was a need for this type of service in Denton, The proposal was for a sixty-two unit which would provide full services for those in residence, .'he Mayor closed the public hearing, The following ordinance was consideredi NO. 95-214 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMI'T' ALLOWING THE OPERA'T'ION OF A RETIREMENT CENTER ON A 4,511 ACRE TRACT OF LAND LOCATED ON THE EAST SIDE OF BERNARD STREET, APPROXIMATELY 750 FEET SOU'T'H OF COLLINS ROADt PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCEr AND PROVIDING FOR AN EFFECTIVE DATE, Young motioned, Silas seconded to adopt the ordinance. Council Member Cott stated that this was a whole new category of building in the City, He did not feel that the building and what it did and what it might do to the surrounding homes in the area was fully understood, No suggested this should be discussed with the Council regarding the proposal, on roll vote to adopt the ordinance, Miller "aye", Young "aye", Cott "nayll, Krueger "aye", Brock "aye", Silos "aye", and Ma or Castleberry "aye", Motion carried with a 6-1 vote, y 6, The Council received a report and considered approval of an annexation schedule with regard to the proposed annexation and zoning of (1) an 11,34 acre tract located east of Mayhill Road and north of Slagg Road, (2) a 21.,; acre tract described as Forrestridge Section II and (3, a 34.70 UG.te tract located in the clear zone south of the existing runway, in the vicinity of the , i .p. City of Denton City Council Minutes November 7, 1995 ^^cS`Ii Page 6 Denton Municipal Airport, (A-691 A-70, and A-71) (The Planning and Zoning Commission recommended approval of A-69,) Harry Persuad, senior Planner, stated that there were three tracts of land proposed for annexation in the future, The first tract was located east of Mayhill Road and north of 131agg Road, several. weeks ago, Council approved several variances for the Rife Addition which was the site of the sally Beauty supply Warehouse/Offico facility, The Subdivision Regulations required staff to do an assessment when significant developments were occurring or proposed within areas of the extraterritorial jurisdiction. An analys'.s of this site indicated that development on this site currently was receiving city services in the area. The existing value of the property totalled $1.2 million and taxes were approximately $5,500 per year, Part of the study sent notification to all property owners in the area of the proposed annexation as well as notice of this meeting. The necond tract proposed for annexation was in Forrestridge Section II with 21,62 acres, The owners of the property had petitioned the City for annexation, The third tract was located in the clear zone south of the existing runway of the Denton Municipal Airport which was an area owned by the City, Council Member Cott felt that the first annexation was not a zoning i issue but an economic development retention issue as it was the + site of the Sa.'ly Beauty Supply station. Council Member Miller stated that the Planning and Zoning Commission had recommended one annexation and would be considering the others at a later date, He asked if the Council could proceed without- the Planning and Zoning Commission's recommendation. Persuad stated that the first annexation was triggered by the Rife Addition and was routed to the Planning and Zoning Commission for feedback prior to Council consideration, The forma]. procedures for the other two annexations did not require staff to go to the Planning and Zoning Commission, Since Mayhill Road was triggered by development, it went to the Planning and Zoning Commission first. Mayor Castleberry stated that the warehouse facility was the same property which recently was before the Council, The property was being leased by sally but was not owned by Sally Persuad replied correct, City Manager. Harrell stated that starting of the annexation process, and even the ultimate annexation of the property, would not affect the current use of the building, Council Member Young asked about water and sewer services in the area, +t rCity of Denton city council minutes rr November 7, 1995 y Page 7 n ; Persuad stated that water and sewer were existing off the site, The existing water and wastewater lines were located on the northwest corner of Mayhill Road and University Drive, There was a lift station on the northwest corner of Audra Lane and Mayhill Road. Council Member Young asked if water and sewer services would be provided to them, Persuad replied that the City's policy required that the landowner or developer provide the water and wastewater lines, There was the possibility of providing the linoo through the CIP projects, City Manager Harrell stated that when the City ultimately annexed property, it was required to make available the same level of city service as was provided to others in the community. The policy stated that if an individual did not have water and sewer service in front of his property, the City made available the ability to extend the•lines at the property owner's expense, Council Member Young expressed a problem with that policy. if the City annexed property it should provide all. of the services and provide water up to their line. Persuad stated that State law dealt with comparable level of 4. service. The City could not expend large sums of money to sparsely populated areas. t Miller motioned Biles seconded to adopt the annexation schedule. On roll vote, Miller Jaye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Bites Faye", and Mayor Castleberry "aye", Motion carried with a 6-1 vote, 7. The Council considered variances to Section 34-114 (5) and (17) of the Subdivision and Land Development Regulations (perimeter street paving and sidewalk requirements), for. Lots 1 and 2, Block A of the Batey Addition The 6.003 acre tract was located on the north side of B1agg Road, approximately 1,200 feet east of Mayhill Road, (The Planning and Zoning commission recommended approval of both requests, 7-0,) Frank Robbins, Director for Planning and Development, stated that this was an exaction variance that the Council could approve if it found that the imposition of the exaction pursuant to the City's regulations exceeded any reasonable benefit- to the property owners o r was so excessive as to constitute confiscation of the tract which B1agg Roaddanbe platte, These d building sidewalks along sBlagg tRoawith d. t The pPlanning and Zoning Commission recommended approval of both variances and had reviewed several options associated with the variances. One option wan payment of a fee equal to the cost of the construction to the City in lieu of construction. The cost of the perimeter City of Denton City Council Minutes November 7, 1995 Page 8 street was $7,250 and $11,050 for the sidewalk, Another option dealt with a situation when the property was subdivided without platting, In that Situation the option was to require the developer of the property to pay for the improvement when the rest of his property developed at a later date, Brock motioned, Bites seconded to grant the variances, On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously. Mayor Pro TOM Biles left the meeting, 8. Consent Agenda Council Member Cott asked that Bid #1794 and P,o, #60409 be pulled for discussion. Bob Nelson, Executive Director for Utilities, stated that Bid #1794 WAS for a composting facility which was composed of a cover for the compost and a concrete floor, When the compost became wet, the decomposition process stopped and the process had to be restarted, A cover and base were needed to continue the composting operation. Council Member Cott asked if there was a charge for this process, Nelson replied not at this time, The City had received a permit several months ago and was trying to market the product. 1 1 Mayor Pro Tom Biles returned to the meeting, Tom Klinck, Director for Human Resources, presented information regarding P,O, 460409. This purchase order would continue funding for a program started in 1994. The Executive staff participated in a program based on Stephen Covey's Seven Habits of. Highly Effective J?eol2le. This past year three trainers were certified to help deliver the program to all employees, It was felt that this would help increase the City's ability to deliver quality Services to the citizens of Denton, The purchase order authorized the purchase of materials for 80 managers and 120 employees for this next year. Brock motioned, Biles seconded to approve the Consent Agenda as presented, On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye,', and Mayor Castleberry "aye". Motion carried unanimously, A. Bids and Purchase Orders; 1. Bid 01805 - Cement, Lime, Aggregate 2. Bid #1794 - Composting Facilities 3. P.O. #60409 - "ovey Leadership Center 4 City of Denton city council minutes r,0eoda loam November 71 1995 Page 9 -~._'..".~•Q' i 4. P.O, 460838 - Siemens Power Corporation 5. P.O. #60839 - Ceneral Electric Company II. ";.,ymente 1, Upper Trinity Regional Water District 2. Texas Natural Resources Conservation Commission 3. American Public Power Association C. Professional 1. Corgan Associates - Architectural services for renovation of Municipal Building D. Interlocal Agreements 11 P.O. #60424 - Houston-Galveston Area Council. 2. City of Roanoke - Disposition of Dogs and Cats 3, Denton County - Disposition of Dogs and Cats 4. Denton County - Library Services 5. Texas Department of Transportation 9. Consent Agenda Ordinances Council Member Young left the meeting, The Council considered Consent Agenda Ordinances 9,A, - 9.M. Miller motioned, Brock seconded to adopt the Consent Agenda Ordinances 9.A, - 9,M. On roll vote, Miller "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously, A. NO, 95-215 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE1 AND PROVIDING FOR AN EFFECTIVE DATE. (8,A,1, - Bid 41805) B. NO, 95-216 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. (8,A.2, - Bid 41794) C. NO. 95-217 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES i+ F ,ll City of Denton city Council Minutes Agbndp N0., ~~~~r November 7, 1995 Page 10 Agenda Ilem Dale" . IN IT14 E PROVISIONS OF PPURCHASESACCORDANCE FROM REQUIREMENTS OF COMPETITIVEABIDSLAAND EXEMPTING ROVI INGSFOR AN EFFECTIVE DATE, (8,A,3, - P,O, 460409) D. NO, 95-218 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OP COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, (8,A,4, - P.O, #60838, S.A.S. - P.O. #60839) E, NO. 95-219 AN ORDINANCE OF THE CITY OF DEN'TON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATION AND PROJECT FEES AS PER CONTRACT AGREEMEN'T' WITH UPPER TRINITY REGIONAL WATER D18TRICTI AND PROVIDING AN EFFECTIVE DATE, (8,B,1 ) F. NO, 95-220 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE FOURTH QUARTER PAYMENT BY THE CITY OF DENTON FOR SOLID WASTE PERMIT PEE WITH TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE, (8, B. 2,) G, NO, 95-221 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS FOR ANNUAL DUES FOR MEMBERSHIP BY THE CITY OF DENTON IN AMERICAN PUBIC POWER ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. (8,8,3,) H. NO. 95-222 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CORGAN ASSOCIATES INC, FOR ARCHITECTURAL SERVICES FOR RENOVATION OF THE MUNICIPAL BUILDING FOR THE CITY OF DENTON) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE, I' NO, 95-223 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENT FOR PURCHASE OF VARIOUS GOODS AND SERVICES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AU'T'HORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (8,D,1, - P.O. #60424) u City of Denton City Council Minutes November 7, 1995 G?anUa Item Page 11 0. 1110, 95-224 AN ORDINA11C.E AUTHORIZING TIIE MAYOR 1110 EXECUTE AN AGREEMENT BETWEEN THE C11-1y OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENTI AND PROVIDING FOR AN EFFECTIVE DATE, (8,D,2,) K. NO, 95-225 AN ORDINANCL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN TIIE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT) AND PROVIDING FOR AN EFFECTIVE DATE, (0.D.3,) L. NO, 95-226 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON A1vD 'THE COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES! AND PROVIDING FOR AN EFFECTIVE DATE, (8.D.4.) M. NO. 95-227 I AN ORDINANCE OF THE CITY OF DENT'ON, TEXAS AUTHORIZING THE MAYOR To EXECUTE AN INTERLOCAL AGREEMENT BETWEEAITHE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF THE DENTON BRANCH RAIL/TRA.CL PROJ8CTI AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE, , (8,D,5,) 1.0, Ordinances A. The Council considered adoption of an ordinance authorizing the Mayor to enter into interlocal agreements for Lake Safety Task Force and Law Enforcement at Lake Ray Roberts and Lake Lewisville with Denton County, the Corps of Engineers and various other municipalities and governmental agencies in the North Texas area, City Manager Harrell stated that Council had previously discussed this proposed agreement and by motion authorized staff to proceed. Denton County had returned a formal agreement which was ready for council approval, council Member Brock asked if, in conjunction with the Lake Safety Task Force, additional police officers would have to be provided, City Manager Harrell. stated that Lewisville's position was that they would approve the concept but would make no financial 'a t: City of Denton City Council Minut•,ee -J- Page 12 commitments November 7, 1995 L Urn to provide additional police protection. Council had had a similar sentiment, City Attorney Prouty stated that there was a provision that, if Council felt financial demands were being made, the agreement could be canceled by giving a 90-day not:ieo, Council Member Cott asked about the City's financial obligation if someone were hurt or killed on the water, Council Member Young returned to the meeting, City Attorney Prouty stated that the City was assuming some additional risk.. The coordination would bo through the Denton County Sheriff's Office which would have the most risk, Council Member Cott stated that the City could limit the risk before anything was done, City Attorney Prouty stated that the City did not have to supply any personnel for the task force, Council Member Cott stated that if the City did nothing but agreed to the contract and someone was killed, what would be the city's risk, City Attorney Prouty stated that there was a minimal risk for anyone agreeing to the contract. If someone were hurt, he could sue anyone he felt was involved. That would be a hard case for someone to prove when all the City would have done was sign the agreement, The following ordinance was considered; NO. 95-228 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO INTERLOCAC, AGREEMENTS VOR LAKE SAFETY TASK VORCE AND LAW ENFORCEMENT AT LAKE RAY ROBERTS AND LAKE LEWISVILLE, WITH DENTON COUNTY, THE CORPS OF ENGINEERS, AND VARIOUS OTHER MUNICIPALITIES AND GOVERNMENTAL AGENCIES IN THE NORTH TEXAS AREAS AND PROVIDING FOR AN EFFECTIVE, DATE. Miller motioned, Brock seconded to adopt- the ordinance. On roll, vote, Miller "aye", Young "aye", Cott "nay", Kruoger "aye", Brock "aye", Biles "aye", and Mayor. Castleberry "aye", Motion carried with a 6-1 vote, H. The Council considered adoption of an ordinance providing fo-v the renaming of Payne Drive to Windsor Drive. (The Planning and i, City of Denton City Council Minutes November 7, 1995 ,aa trom Page 13 Zoning Commission and Historic Landmark Commission recommended approval,) Frank Robbins, Director for Planning and Development, stated that this ordinance would rename Payne to Windsor where Windsor crossed Bonnie Brae, Staff had spoken with the Payne family who was not opposed to the name change although they were not in particular agreement with the change, Mayor Castleberry asked which members of the Payne family had been contacted. Robbins replied he was not sure. Council Member Brock stated that the back-up indicated there had been some discussion with Rollin Payne who was the son of the original owner of the property, Mayor Castleberry stated that there were other members of the family who needed to be contacted - some of whom lived in Denton, Mayor Pro Tent Giles felt that there continued to be a loss of a part of the history of Denton when this was done. There also was a situation where changing the name of a portion of this road would provide a greater economy and efficiency. He asked if there was a way the next street in the area could be named Payne to preserve the name in the area, Robbins stated that it was-).robably something which could be done, Mayor Pro Tam Bites asked if it could be incorporated into this I ordinance. Robbins replied that that was probably a legal issue and if it was the Councils desire, could be investigated. Mayor. Pro Tam Biles stated that he was trying to preserve the history of this area of land and the Payne name. on the other hand, he was inclined to go along with the change. To preserve a bit of history he asked if there was a way the Council could adopt an ordinance which would in some way ensure that a future street in the area would be named Payne, i City Attorney Prouty stated that the problem was that any Council had a right to change any ordinance, The Council could express in the ordinance its desire that a future street be named after the Payne family but could not commit a future Council to do no, Jane Jenkins, Historic Preservation officer, stated that when this issue was presented to the Historic Landmark Commission, the Payne family still owned some of the land in the area and could regiiest S l y, City of Denton City Council Minutes A004 No,M v ~ November 71 1995 Page 14 A'o0nde I am , Dale, - when the land wan developed to have another street designated as Payne Drive, Mayor Castleberry suggested postponing the issue in order to discuss the proposal with other Payne family members, Council Member Young stated that the Payne family were civic-minded people and the street was named to honor those people for what they did for Denton, The street, name should stay the same and retain the history of the area Young motioned, Cott seconded to disapprove the request to change the name of Payne Drive, Council Member Krueger asked for the reason for the proposed change, Robbins stated that the Subdivision and Land Development regulations indicated that streets in alignment should be given the same name, People not familiar with Denton driving on Windsor got confused when they crossed Bonnie Brae and the street was then Payne Drive, council Member Krueger stated that there were other streets in Denton with the same situation such as Fort Worth Drive and Carroll i Blvd, He felt that the item should be postponed in order to talk with the Payne family, Council Member Miller felt that there would be other opportunities to name a Payne Drive, As that Drive was continued on to the I-35 frontage road, it would be confusing to change from Payne to Windsor on the same street, Fort Worth Drive could not be changed now as there were residents and businesses with address on that street, The Council had an opportunity to change the name of the street and not be disruptive to residents. He supported the idea to postpone the issue to talk with the Payne family but felt that the Council had an opportunity to correct a problem, Council Member Brock stated that in the past there was not much confusion as Payne was not an improved street. Now that Payne was improved to city standards and there was no longer a break in the road, the confusion was evident, Windsor was planned for years to be the main through road to the I-35 service road, The Payne family still owned land in the area and could rename a street in the area when that property was developed, Council Member Young stated that there were many streets like this in the City and the change to Payne should not be done, Mayor Pro Tem Biles agreed that ultimately it would be the right move to change the street name to Windsor when this stretch of road it JIJ ~I I t~ City of Denton city council Minutes ngcnCcllo 7 . November 7, 1995 a~anHa Hem - Page 15 developed to the Interstate. Windsor would be one of the few streets in Denton which would have the same name all across ttte city, He suggested amending the motion to table the issue until staff hard a chance to visit with the Payne family. He would vote against motion now as he did not want to drop the issue completely at this point in time, Council Member Young stated that he would not change his motion. Council Member Brook stated that the difference between this issue and other streets with multiple names was the fact that the other streets had residents and businesses on them. There were no addresses on Payne as there would be with other streets to change. Mayor. Castleberry agroed that the issue should be put to rest and not considered any further, On roll vote to not change the street name, Miller "nay", Young uayell, Cott "aye", Krueger "nay", Brock "nay", Biles "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. Biles motioned, Krueger seconded to postpone the issue until the next regular Council meeting and in the interim staff and Council, would contact the Payne family to seek assurances in one form or another to change the name of the street, on roll vote, Miller llayP", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Bile.s "aye", and Mayor Castleberry "aye", Motion carried unanimously. C. The Council considered adoption of an ordinance reducing the maximum prima facie speed limit for a portion of Oakland street from its intersection with Texas Street to its intersection with Locust Street from 30 miles per hour to 20 miles per hour. (The Traffic Safety Commission recommended approval,) Council Member Cott left the meeting. Rick Svehla, Deputy City Manager, stated that the Traffic Safety Commission had reviewed the request in August and recommended that Council approve the proposal, Brock motioned to adopt the ordinance. Mayor Castleberry asked if council Member Brock would have a conflict of interest with this proposal as she was an employee of TWU. City Attorney Prouty stated that there would be no conflict as there would be no financial benefit. Mayor Pro Tem Biles seconded the motion. i. i City of Denton City Council Minutes November 7, 1995 a1ena~ t'n h. Page 16 t R Council Member Cotr. returned to the meeting, The following ordinance was considered, NO, 95 229 AN ORDINANCE REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR A PORTION OF OAKLAND STREET FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOURt PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200,00) PROVIDING A SEVERABILITY CLAUSE1 PROVIDING YOR PUBLICATIONI AND DECLARING AN EFFECTIVE DATE On roll vote, Miller "aye , Young "aye", Cott llayell, Krueger "aye", Brock "aye,,, Bil.es "aye", and Mayor Castleberry "aye", Motion carried unanimously, D. The Council considered adoption of an ordinance approving no parking on the east side of Locust Street between Oakland and University Drive, (The Traffic Safety Commission recommended approval,) Rick Svehla, Deputy City Manager, stated that this was a request of TWU for property it owned along Locust. The request was to prohibit parking on this side of the street due to heavy traffic on Locust, Mayor Pro Tom Bites stated that there were residences on the west side of Locust„ There currently was no parking on the west side of the street and if the parking were taken away on the right side of the street, there would be no parking for all of the residences on either side of the street. He asked if this was the only course of action to take. Could parking be eliminated on a portion of Locust so as to be a least restrictive position to solve the safety issue, Svehla replied that Council had the authority to change the distance, It was unusual to receive a request for such a long expanse of road, Normally such a request was granted if the land owners had made the request, There might be a parking problem with the residents if they were to have a gathering at their home, Council Member Miller asked if there was parking on the west side of Locust, lie felt that currently there was parking on both sides of the street, Mayor Pro Tom Biles stated that the parking was eliminated going south from University. Council decided to postponed the issue until after a break to allow someone to verify whather parking was allowed on both sides of the street. City of Denton City Council Minutes nJcnn,i~,~ 7 November 7, 1995- Page 17 !pan IF 1r, City Attorney Prouty stated that a portion of the street could be designated as no parking with an exhibit attached to the ordinance indicating where the parking would be prohibited, E. The Council considered adoption of an ordinance approving no parking on the south side of Londonderry Street between Teasley Lane and Holl.yhill Lane, (The Traffic safety commission recommended approval,) Rick Svehla, Deputy City Manager, stated that the Traffic Safety commission had also approved this proposal, This portion of Londonderry had already been signed for no parking but there was no ordinance approving such, Council Member Young left the meeting, Leif Larson stated r,hat. he lived in the area, He presented pictures to the Council of the area which showed that there was adequate traffic flow in the area with parking on both sides of the street: There was a need for extra parking in his apartment complex plus there was a safety factor of having to walk a long distance to where parking was allowed, Ha ~:kad that Council not approve this ordinance and take down the signa already up in the area. Council Member Young returned to the meeting, Council Member Miller motioned to approve the ordinance, Motion died for lack of a second, Council Member Krueger asked if the Traffic Safety Commission gave a reason for approval of this proposal, The signs were already there for no parking but there was no ordinance to back up the signage. Svehla replied correct plus it would allow for better movement of the traffic: Council Member Krueger understood the need for no parking near Teasley Lane but not ne.,r the apartments, He asked if it was ever considered to not do tlar entire street. Svehla stated that Hollyhill was also discussed but he was not aware of any discussion about removing the no parking on this portion of Londonderry. The following ordinance was con sfderedr i i, f .'i City of Denton city council minutes /c~~~~~~ November 7, 1995 Parle 10 'rO )lam NO, 95-231 AN ORDINANCE OF' THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF LONDONDERRY STREET PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200,00) 1 PROVIDING A BEVERASILITY CLAUSE1 REPEALING ALL ORDINANCES IN CONFLICT HEREWITH) PROVIDING FOR PUBLICATIONI AND DECLARING AN EFFECTIVE DATE. Krueger motioned, Cott seconded to not adopt the ordinance, Council Member Brock asked if there were sidew',lks on both sides of Londonderry Larson replied that there were no sidewalks in the area, Don White stated that he owned property on the north side of Londonderry, 'there was a tremendous amount of traffic on Londonderry especially on the weekends, He felt it might aggravate the situation if parking wag eliminated in the area as there was limited parking in the apartments in the area. Council might consider lowering the speed limit in the area as traffic travelled very fast in the area, Mayor Pro Tem Biles asked if, on the south side of Londonderry from Camden Court west, there would be an enhancement in traffic safety if there were no parking in that particular section. White replied that those were townhomes in that area as opposed to apartments, It appeared that there was adequate parking in the area as the townhomes did not require as much parking. Mayor Pro Tem Biles asked if there was commercial property on the north side of Londonderry near Teasley, White replied that Kingsweod was commercial, The parking problem developed when the certificate of occupancy was given as parking was based on two cars for each apartment, With the economic times such as they were in the late 1980 and early 1990, three and four people were in the apartments resulting in four cars as apposed to the planned two vehicles, council Member Cott suggested other possibilities such as asking if PACAR might be willing to sell parking spaces at night for parking. He recommended further discussion on the issue. White stated that from a safety standpoint there should be no parking on either side of Londonderry until past the townhouses, Mayor Pro Tem Biles felt there was less of a congestion problem and parking need from Camden Court west ty Teasley. He motioned to r. I i~ j, City of Denton City Council Minutes November '74 1995 Page 19 r • _ . adopt an ordinance for no parking on the south side of Londonderry from Camden Court west to Teasley Lane, Mayor Castleberry stated that there already was a motion to not adopt the ordinance on the table, Council Member Krueger stated that lie would accept an amendment to his motion per Mayor Pro Tem Biles' suggestion. Council Member Cott stated that he would not accept an amendment to hie second. Council. Member Krueger withdrew motion. Biles motioned, Krueger seconded to adopt an ordinance prohibiting parking an the south side of Londonderry from Camden Court west to Teasley but to allow parking from Camden Court east to Hollyhill, Mayor Castleberry stated that there was an earlier consideration about no parking on the north side of Londonderry, Svehla replied that it was already marked that way. City Manager Harrell stated that the situation now was that all of the area was signed for no parking but was not backed up by an ordinance. Currently there was no parking on that stretch of street. 9y Council's action, if this motion was adopted, staff would remove all of the no parking signs from Camden Court back to Hollyhill which would allow parking in that area. Currently there was no parking in the area. On roll vote, Miller "nay", Young "nay", Cott "nay", Xrueger "aye", Brock "nay", Bites "aye", and Mayor Castleberry "a;,rl", Motion failed with a 3-4 vote. Brock motioned, Miller seconded to follow the recommendation o:E the Traffic Safety Commission, On roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote, Svehla stated that another option was to remove the signs and there would be parking allowed in the area. Krueger motioned, Biles seconded to have no parking on the south aide from'reasley to the Westminster intersection. rrom Westminster to Hollyhill would allow parking. On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye',, Brock "nay", Biles "aye", and Mayor Castleberry llaye". Motion [Aacnda I10. City of Denton City Council Minutes om November 7, 1995 Page 20 aloFf.~ carried with a 4-3 vote, Council returned to Item 10D, D The Council considered adoption of an ordinance approving no parking on the east side of Locust Street between Oakland and University Drive, (The Traffic Safety Commission recommended approval,) Rick Svehla, Deputy City Manager, stated that staff had verified that there was no parking on the west side of Locust and no parking several hundred feet south on the east side due to the right turn lane, Biles motioned, Young seconded to restrict parking on the east side of Locust street between 8e00 a.m. and 600 p,m, Monday through Friday, On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", 13i.1es "aye", and Mayor Castleberry "ayes', Motion carried with a 6-1 vote, F. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No, 1 to the agreement between the City and HOPE, Inc, dated November 15, 1994 to allow for additional time for expenditure of funds, City Manager Harrell stated that this ordinance would extend the tl.me period for expenditure of funds as Council had seen in the past, The iollowi.ng ordinance was considerede NO, 95-232 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE: AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE INC „ DATED NOVEMBER 15, 1994 TO ALLOW FOR ADDITIONAL TIME FOR THE EXPENDITURE OF FUNDS1 AND PROVIDING FOR AN EFFECTIVE DATE, Miller motioned, Brock seconded to adopt the ordinance, On roll. vote, Miller "aye", Young "aye,', Cott: "nay", Krueger "aye", Brock "aye", Bites "aye", and Mayor Castleberry "aye", Motion carried with a 6-1 vote, G. The Council considered adoption of an ordinance approving and authorizing the City Manager to execute a compromise settlement agreement in the matter of Sol,, et al v, Citv_of Z) n, TeXcjg. The following ordinance was considered; - C f i City of Denton city Council Minutes .'t uo November 7, 1995 Page 21 "adnc'a Irony, iil(,I R~rr. NO. 95-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE MATTER OF SOR, ET AL V rrmy~ 7' -Ni-M-Mi AND DECLARING AN EFFECTIVE DATE, City Attorney Prouty stated that this ordinance would settle a suit 1 involving a City ambulance rear ending another car with four individuals and a minor in the vehicle. The settlement would authorize the payment of $40,000 and receive a complete release of all claims, The settlement would not be effective until December let, as there was a minor involved and the Court, on December 1st, would make a decision as to whether or not the settlement was acceptable, Biles motioned, Brock seconded to adopt the ordinance subject to approval by the Court. On roll vote, Miller 'laye°, Young "aye", ave , Krueger "a Will Brock "aye", Hiles °aye and Mayor Castleberry °aye°. Motion carried unanimously, H. The Council considered adoption of an ordinance approving the release of various paving liens assessed against homesteads by Ordinance Nos, 69-30, 75-45, 76-1, and 76-27r and authorizing the Mayor to execute said releases, City Attorney Prouty stated that this was the second phase of releases of various paving liens, The criteria for releasing the liens was that at the time the liens were established, the property was a homestead and there were no mechanic's lien contracts on the property, There were 204 unpaid liens in this phase with 71 of the liens being homesteads, He recommended Council !.'orgive the liens with the same process as was done previously, Letters would be sent out notifying the property owners that the liens were forgiven and would continue to pursue the personal liability of the original owners of the property for the amount, That would be followed with a second letter with an affidavit process to prove that the property was a homestead at the time of the lien. The following ordinance was considered; NO, 95-234 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE RELEASE OP VARIOUS PAVING LIENS ASSESSED AGAINST HOMESTEADS BY ORDINANCE NOS. 69-30, 75-45, 76-1, AND 76-27r AUTHORIZING THE MAYOR TO EXECUTE SAID RELEASES AND PROVIDING FOR AN EFFECTIVE DATE, Young motioned, Krueger seconded to adopt the ordinance. f; City of Denton city council Minutes November 7, 1995 AgendA N0. Page 22 A'gonelItem Date C r Council Member Cott asked if anyone was collecting ally money, City Attorney Prouty stated that at this time there was not, It was found with the first set of liens, that several of the people who had homesteads at the time the lien was assessed and were released because there were no mechanical .liens, were the original owners, Although the liens were released, the individuals were still responsible for the personal debt. Oil roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye's. Motion carried unanimously, 11, Resolutions A. The Council considered approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District, Jon Fortune, Chief Finance officer, stated that at the October 3rd Council meeting, Mary Horn and Bill Giese were nominated as candidates to serve on the Appraisal District's Board of Directors In addition to the City of Denton's nominations, the Appraisal District received 3.0 other nominations, The following resolution was consideredt NO, R95-073 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THG BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL D18TRICTI AND DECLARING AN EPPECTIVE DATE, Biles motioned, Krueger seconded to cast 99 votes for. Bill Giese and 162 votes for Mary Horn, On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote, B. The Council considered approval of a resolution appointing members to the Board of Directors of the North Texas Higher Education Authority, Inc, Kathy DuBose, Executive Director for Finance, stated that this resolution was for three appointmer.ts to the Board of Directors of the North Texas Higher Education Authority, The Board had nominated the three incumbents and each had expressed a willingness to serve another term, The following resolution was considered; City of Denton November 7 City Council Minutes , 1996 AUcndalln 1 l Page 23 ~•nr da I!' • ij. NO, R95-074 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC,) AND DECLARING AN EFFECTIVE DATE, Biles motioned, Krueger seconded to approve the resolution, On roll vote, Miller fa yell, Young rrayen, Cott ,nay,, Krueger nayen carried with a 6-1 vote, , and Mayor Castleberry Motion C, The Council considered approval of a resolution establishing a Development Policy Committee to make recommendations concerning the update of the Denton Development Plant appointing committeeloandhsettingmforthlthepduties nand a term chairperson of p the committee, Frank Robbins, Director for Planning and Development, stated that on October 17th Council approved the Planning Commission's recommendation for the program which wuld updatenthe Denton Development Plan, The next step in the program would be to appoint an advisory committee, Council Member Young questioned whether there was enough money for this committee and enough volunteers for this committee. Robbins replied that there was, Council Member Young stated that there was not enough for a racial diversity task force but there was for this committee, Mayor Castleberry stated that this was a budgeted item. Council Member Young asked about volunteers. Robbins stated that that was an issue for Council to decide. Council Member Brock stated that. Council had not decided on how many people would be orr the committee or how they would be selected. The prior committee was much larger and several of the entities selected their own representatives. She felt there were many unresolved issues at this time, Brock motioned, Krueger seconded to place this item on the next work session to deal with some of the outstandinn issues and to then deal with the appointment process, on r. rote rr Ye r Young ,nay n, Cott °aYe~~ li Hitter Krueger ~~a e~~ Biles vote, and Mayor Castleberry ilayell, Motion "aye with a 6 6 - a -1 i t City of Denton City Council Minutes Agenda N0. r _7177 A November 7, 1995 A'penda Aoai~ -A Page 24 0 af8 , ~L D. The council. considered approval of a resolution recommending that the Denton Main Street Program be entered into the Great American Main Street Awards, Julie Glover, Denton Main Street, stated that this was the second year the City entered this contest, Last year over 450 cities applied with 50 honorable mentions of which only two were Texas cities, Denton was one of those chosen, The grand prize for this award was $50,000, The following resolution was consideredi NO, R95-075 A RESOLUTION RECOMMENDING THAT THE DEENTON MAIN STREET PROGRAM BE ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS, AND PROVIDING VOR AN EFFECTIVE DATE, Miller motioned, Brock seconded to approve the resolution, on roll vote, Miller "aye's, Young "nay", Cott- "aye", Krueger "aye", Brock "aye", Diles "aye", and Mayor Castleberry "aye" Motion carried with a 6-1 vote, 12, The Council received a report,, held a discussion and gave staff direction regarding Wil.lowwood sidewalk easement acquisition, Mayor Pro Tom Riles left the meeting, Rick Svehla, Deputy City Manager, stated that staff had been working with the Willowwood neighborhood regarding this project. Initially the discussion centered on using an alignment which was on the south side of the street. After visiting with landowners in the area and after holding several more neighborhood meetings, it was decided to move the project to the north side of the street, Staff had been working with the neighbors on the north side of the street to determine the best location of the sidewalk, Some easements would be required due to drainage structures and in order to work around areas where there were substantial trees and vegetation, Staff was recommending that easements be obtained at 1522, 1520, and 1516, and 1808 Willowwood, Staff was also recommending to not obtain easements at 1414 and 1816 McCormick, 'T'here was a disagreement between the two neighbors in this area as to whether a large cottonwood tree would bo saved. If the staff's recommerd,ation was followed, the tree would not be raved and the sidewalk would go behind the curb in that location, Council Member Miller asked if an agreement had been reached with the landowners where the City was proposing to provide for easements. Council Member Young left the meeting, rcity of Denton City council minutes November 7, 1995 hgcnda Ilo Page 25 Tf,9artda I1cr _ Nit vehla replied that there was some indication from a couple of the andownera that they wanted specific items such as liability which staff could not recommend. Normally a standard easement was obtained, comet}ling left on th The City would not be responsible for e sidewalk by the landowner but would be liable for its construction work, council member Miller felt that there was a need for the sidewalk in this area. Not everyone might be happy with the proposal but he felt that it was the best solution for the area, Council Member Brock asked when Willowwood was eventually rebuilt and made into a standard City street, would the sidewalk be built: In such a way to be incorporated into a regular street or would it have to be destroyed in the process, Svehla stated that there would be an attempt to save as much of the sidewalk as possible depending on the alignment of the road and where easements and right-of-way could be obtained, Mayor Pro Tens Bilea returned to the meeting, Svehla stated som affected whe e there currently wass cuof the rb and street would not be gutter, Council Member Young returned to the meeting, Miller motioned, Brock seconded to proceed as developed by staff, On roll vote, Miller "aye Young uayeu Cott "aye" Krueger +aye++, carried sun animously,laye+' and Mayor Castleberry '"aye Motion 13. The Council received a report, held a discussion and gave staff direction regarding the election process for the CTP Gff al, Jennifer Walters, City Secretary, stated that direction was needed from the Council on whether to have four polling places or one polling place, ror thc; 1986 bond election, one polling site was used at the CAvic Center while for the sales tax election, four polling sites were used, Brock motioned, Young seconded to use the four polling places naormal.l u edaye ,the city, ea, Miller ++aye", Young r "aye rgrock t"e", Bile Cott Mayor Castleberry "aye", Motion carried unanimously a ++ayp++' and 14, The Council received a report, held a discussion and gave staff direction regarding a nomination to the Denton -ounty Housing Vinanca Corporation due to the resignation of the Cit,.y Manager. ,Q ..'Li City of Denton City Council Minutes Apcrtdallq,,-1~cc~~~Y7 November 7, 1995 Page 26 Apendd lot Data City Manager Harrell stated that the Denton County Housing pinance Corporation was an eleven member body formally appointed by the Commissioners court with six representatives from the County and five from the City of Denton, The tradition had been that the City Council would recommend to the County Commissioners the five Denton rpresentativee to serve and then those individuals would be formally appointed by the commissioners court, tie was one of the five Denton representatives with a term to expire on January 1, 2001, Mayor Pro TOM Bilea asked if the City Manager had any suggestionn for a replacement, City Manager Harrell stated that one of the requirements of the Board was that they had to appoint an investment officer and under tthoebnew State law ' completed. H trecommendedeKathy DuBose"o fill the position, Council. Member Young nominated Jerry Cott, Council Member Miller nominated Kathy DUBOSe, Council Member Cott nominated Joanna Deonat•h, On roll vote for Jerry Cott, Miller "nay", Young 'Iayell, Cott "aye", Krueger "nay", Brock "nay", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote, On roll vote for Kathy DuBose, Miller "aye", Youn "nay«, Cott Castleberrye"aye ,ay Motionrcarriedywith ai5-2 vote. 9 and Mayor On roll vote for Joanne Deonath, Miller "nay", Young "nay", Cott "aye", Krueger "nay", Brock "nay", Bilea "nay", Pnd Mayor Castleberry "nay". Motion failed with a 1-6 vote, 15, The Council considered nominations/appointments to the City's Boards and Commissions, Mayor Castleberry indicated that Perry McNeil had been nominated at n previous meeting to the Clectrical Code Board, On roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry 'lays". Motion carried with a 5- 2 vote, 16, The Council received an update from the Acting Chief Municipal Judge regarding Municipal Court, This item was pulled from consideration, I r, i' City of Denton City council minutes ?n^,rrn ~f`~ Novem2be7r 7, 1995 ,s? 4,1 item 17. Vision update Council Member Brock stated that the Action Teams had recently made presentations, Staff was in the process of taking the recommendations from the Action Teams and creating a time line for initiatives for the City's responsibilities as well as the responsibilities for the other agencies, The next Cabinet meeting would look at that time line and specific plans for those recommendations, Any recommendations which required City funds would be presentad to Council for approval, 18, Miscellaneous matters from the City Manager, City Manager Harrell did not have any items for the Council, 19. Official Action on Closed Meeting Itemas A. Legal Matters B, Real Estate C. Personnel. D. Board Appointments This item was considered later in the meeting, 20, New Business The following items of New Business were suggested by council. Members for future agendass A. Council Member Young requested a work session item regarding the day laborer situation, 11 B, council Member Young requested more information be I presented to viewers when the Council was in Closed Session or on break, 21, Council continued in Closed Meeting to discuss the followings 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 Following the completion of the Closed Meeting, the Council convened into open session and took the following actions Biles motioned, Young seconded to appoint Rick Svehla as Acting effective until Maanager new City Manager o was hired, tTheecompensat or foi- Mr. 1 ~t City Of Denton City Council Minutes ~Qenda ~ November '1, 1995 Aoenda II rn ; - Page 28 Dalo_ _ Svehla during that period of time would be increased by a dollar value oqual to 10V of his current, salary, That said increased com~Msation would be paicl in the form of accrued vacation with the additionally accruing vacation to be payable after the now permanent City Manager was hired, on roll vote, Miller "aye" Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles layen~ and Mayor Castleberry "ayeu Motion carried unanimously, With no further business, the meeting was Rdjourned at 10125 p,m, BOB CASTI,EI38RRY MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002'CD s: AGENDA • hD~nda Ilo nDOMda Ilem a Dlo_...~.~ } CITY OF DENTON CITY COUNCIL-- November 14, 1995 The Council convened at the Campus Theatre at 5:30 p,m, to consider the followings RESOLUTION OF APPRECIATION FOR LvOYD V. HARRELL Brock motioned, tiles seconded to approve the resolution, on roll vote, Miller "aye'', Young "aye", Cott "aye", Krueger llayePl, Brock "ayes", Ai,les "aye", and Mayer Castleberry "aye", Motion carried unanimously, The Council convened into a Work Session on Tuesday, November 14, 1995 at 7:00 p.m, in the council Chambers, PRESENT: Mayo:c Castleberry; Mayoi• Pro TOM Biles; Council Members Brook, Cott, Krueger, Miller and Young, ABSENT: None 1, The Council received an update, held a discussion and gave staff direction regarding the Solid Waste Master Plan, Bob Nelson, Executive Director for Utilities, stated that this item had been reviewed by council on several occasions. Council appointed a committee in February of 1994 to look at Denton's long term waste issues, That Committee worked for about 13 months and a report was finished in March of 1995. There were some decisions on equipment and possible contracts for services which needed to be discussed and finalized. some of the guiding principles which the committee looked at as it worked on tho project inoludeds. (1 cost - minimize the cost of the solid waste system for Denton residents and businesses; (2) Flexibility do not commit to a single method of handling solid waste) (3) Economic development opportunities - industries associated with the solid waste industr%, could work with the City; (4) Risk - minimize the financial, human and environmental risks to the oommunity; (5) Educational opportunities - build core programs with the two universities) (6) Environmental stewardship - minimize the impact of Denton's solid waste on the environment and public health, The Committee took a middle-of-the road view in the program recognizing that there was a substantial cost to recycling, some of the major components of the program included (1) constructing a facility for yard waste and wastewater biosolid composting; (2) implementing a cardboard, office paper and newspaper baling operation; (3) constructing an intermediate processing center in 1998 (4) implementing a residential curbsido recycling program, (5) expanding the intermediate processing center to a materials recovery facility in 2005; (6) expanding the existing landfill site in 1997. The intermediate processing center would be a good area for a publio-private partnership. Howard Martin, Director of Environmental operations, pxusenLed the waste diversion rate, based on tho recommendations previously presented, which allowed for a diversion rate of approximately 50- 55* by the and of the planning period. Translated Into Yates that would change the current rate of $13 to $17,50 by the year 2004 which correlated with the end of the intermediate 1. )cessing center and right before the expansion to the materials :cCDVery Center, City of Denton city council Minutes r"^ ' November 3.4, 1995„._ Page 2 That rate would increase to $27.60 by the end of the planning period. On the coAmercial side, the average rate of $133.45 would increase to $213.66 by the year 2004 and increase to $273.15 by 2015. Key issues to consider included the financial issues of Subtitle D; construction costs; closure/post closure liability; debt retirement of the existing site; and repayment of debt to the Electric Department. service issues included frequency of residential solid waste pickup; curbside collection versus drop-off centers; automated versus manual collection; franchise fees for recycled materials collection; and weight-based rates for landfill customers. Council Member Cott asked about subtitle D costs. Martin replied that those costs were for one area. One way to help with the costs would be to provide short term financing over the life of the area. Council Member Young asked if there were any plans to include private industry in this program. Martin replied that that would depend on direction from Council. Public-pr{.vate opportunttiez had been looked at as they pertained to recycling. If Council desired to move forward with some kind of curbside program, it was anticipated that it would be some type of public-private venture. Council Member Young asked how much extra would be added to the utility bill for this program. Martin replied that if all of the money council provided for curbside recycling were removed, the rate would be approximately $12.15 versus the current $13.00 today. Council Member Young asked after a certain amount olk mtime and as developed, theresidential customer would stop paying for this service. Martin replied that there would be times when the intermediate perocentersswaing beingrfuwas llyfully wouldmaterials utilized, that there and/or decrease recovery in the anticipated rate over what would be paid if nothing were done. Council Member Young expressed a concern with the increase in rates and expressed a problem with government competing with private enterprise. Nelson stated that Option 8, with a lower recycling value for the product, was a 4% per year increase. The inflation factor of 3.5% was used for trucks, fuel and labor and known numbers for the cost of the landfill were used in the formula. All the programs recommended by the Committee were in that 4% per year. City of Denton City Council Minutes November 14, 1995 Page 3 Martin stated that the benefit from this type of program was in the length of the landfill and how long it would be in operation for the City. Council Member Miller stated that he was under the impression that it would cost money to recycle under any scenario. But one alternative indicated there would be a savings for the recycling. Martin replied that in the later years of the intermediate processing center there would be revenues which would offset the rates. That was the same for the materials recovery center in the later years. Council Member Miller stated that there were recycling containers for other companies in Denton and asked if that had been taken into consideration. Martin felt that council Member Millerfs question was was it known how much recycled material was being pulled from the community by other vendors. The answer today was no. Council Member Miller stated that that would have to be factored into this consideration. Historically 75% of the waste going into the landfill was commercial and 25% was residential. Martin replied that residential waste had decreased to approximately 11%. An equal amount of that was contracted cash customers. Council Member Miller asked what percentage was coming from the commercial market and what percentile was from residential. Martin stated that with the current method of collection that would be difficult to determine. Council Member Miller stated that citizen input was important in this area. Recycling was a need which needed to be met but there was a need to be careful to not overtax the citizens. Education would be very important with a change in the tax for tipping fees at the landfill. The State would be returning 50% of the money it collected, Council Member Brock stated that recycling was a way to extend the life of the landfill by 20 years. As the landfill costs were very large, how would the savings be factored over the next 20 years. Martin replied that was probably the most difficult part of the analysis of the Committee. The Committee looked at various aspects of the landfill and assessed the value for that property. Brock stated that she would be very cautious about having twice-a- week pickup for recycling unless there was an indication that this was what the community wanted. The educational component was critical. She asked if newspaper recycling could be done with City of Denton City November 14. 1995 Council Minutes Page 4 i present equipment. Martin replied yes and that there were dollars in the budget which were contemplated for that program. Council Member Krueger felt that the smaller the government, the better government. He suggested the city work out a partnership with private enterprise for recycling. Mayor Pro Tem Biles felt that an excellent approach out and gather extra information dealing witrivatization. to There was a need to look in the direction of an intermediate processing center but a materials recovery center might be too far ahead. After discussion by Council on newspaper recycling and the merits of how often to collect the recycling, Biles motioned, Young seconded to direct staff to initiate a pilot project on a trial basis. There would be a report back to Council and the Public Utilities Board on the progress of the program. Staff would proceed with a request for proposal for a variety of the privatization options for the recycling process. The option for once or twice a month pickup would be left to the discretion of the Solid Waste Department. on roll vote, Miller flaye", Young Playe", Cott "aye", „Krueger "aye+r, Brock "aye", Biles "aye's, and Mayor Castleberry aye . Motion carried unanimously. 2. The Council received a report, held a discussion and gave staff direction regarding U.S. 377. Council Members Cott and Young left the meeting. Rick Svehla, Deputy City Manager, stated that this had been a very long process with a public meeting being held in June. Council Member Young returned to the meeting. Svehla continued that all of the property owners had been advised of that meeting. There were seven - eight landowners at that meeting. Council Member Cott returned to the meeting. Svehla stated that the questions at the meeting dealt with the raised median and driveway access. would be built in the area of 511, 50An encle left urn lne 5 and o501 which twould abe busi laneias was th the intersection of Carroll and Pearl. This would be a similar left turn e Hi Department agreed with that configuration. There were ahnumberwof other areas where driveways would be added or an agreement had been worked out with adjacent property owners to make sure their objectives and needs were met. Staff was asking for Council approval to proceed with the project. Currently the project was in the 1997 year of the Transportation Improvement Program of the Highway Department which was vsry important. If that slot in the A,enCa I;o _ I l City of Denton City Council Minutes AJ!Cda Rem 'yt--- November 14, 1995 Page 5 program was lost, the project would be lost in that year and might be lost in succeeding years depending on scheduling. Council Member Miller pointed out that the project was from 1-35 north. Miller motioned, Krueger seconded to proceed as recommended by staff. On roll vote Miller "aye'o, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council received a report from the Juvenile Crime Interagency coalition and gave staff direction regarding juvenile intervention programs. Margaret Smith, Chair-Juvenile Crime Interagency Coalition, stated that the Coalition was not asking for money. In January of 1995 Council passed a resolution creating the Juvenile Crime Interagency Coalition which was made up of people from all areas of the City. The Coalition's charge was to look at the situation with youth and devise programs to try and help the courts with juvenile crime. The Coalition started the effort by talking with different agencies about the need of such a program. They looked for ways and means to provide programs in those areas. Tom Josey, Court Administrator, stated that the Coalition had found a Title V grant to apply for. Given the time constraints, the application was completed before coming to Council and they since had received notification that they had received this grant. The grant was for $94,000 to be used for several programs. The teen court was one of the top programs and the coalition wanted to expand it to a full-time t, in rt which would serve more youths in that manner. The Boys ,Arls Club would provide for after school, weekend and summer activities for approximately 50 youths at the Fred Moore Learning Center. The program would provide activities and tutoring for the children. The teen court was the intervention portion of the program. The Coalition would like to apply for a second grant which came from a private charity in Canada. The "Contract and Bonuses" program was being used in several area cities and involved children with counseling and offered cash rewards for certain activities. This grant would be for $34,700 and the Coalition hoped Council would agree to allow them to pursue that source. Young motioned, Miller second2' to allow the City to pursue grant funding for Title V del£nqu.,it prevention and "Contracts and Bonuses" and to implement as ecommended by staff. Council Member Cott asked what happened to children who were disruptive in the programs. Josey stated that the program was designed for a child who would not be disruptive and the children with those types of behavioral problems were screened out. City of Denton City Council Minutes November 14, 1995 Page 6 Ive On roll vote, Miller "aye's, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The council received a report, held a discussion and gave staff direction regarding appointments to the committee that would advise the Planning and Zoning Commission about updating the Denton Development Plan. I Frank Robbins, Director for Planning and Development, stated that the Council had adopted a program for the update of the Denton Development Guide on October 17th. After those nominations were made, the council could consider the resolution appointing those individuals to the Committee. Young motioned, Brock seconded to develop a policy committee made up of two members of the Planning and Zoning commission selected by the Planning and Zoning commission, two members of the City Council selected by the Council, one business representative for each three Chambers of Commerce selected by the Chambers of Commerce, one real estate professional selected by the real estate association, one development professional selected by the appropriate professional association, one representative from the DISD selected by the DISD, one representative from TWU selected by TWU, one representative from UNT selected by UNT, four representatives of City geographic areas one from each City Council district chosen by neighborhood associations, three members appointed by the Council with suggestions by staff and/or represented professional associations from the architect, professional planners - not staff members, professional engineer and a chair to be appointed by the City Council. Council Member Cott suggested a time limit to complete the procedure in a timely manner. He felt the four representatives of geographical areas should be increased to seven and should be chosen by Council. Mayor Castleberry stated that there would be a total of 19 people if the chair was selected from the group or 20 members with a chair. Council Member Young wanted a 20 member committee. Council Member Cott stated that many of the neighborhood associations were just now forming and that it would be difficult to choose four representatives. He felt that it was a wrong time, at this point in time, to use that for a base for choosing the representatives. Mayor Pro Tem Biles expressed a concern on how to select or not select the neighborhood associations which were legitimate to participate in the process. Could the neighborhood associations communicate to Council their preferences for representatives. City of Denton City Council Minutes +,2o4l NO November 14, 1995 e.;erea nen Page 7 Krueger stated that the motion indicated that the four representatives of the geographical areas would be chosen by the neighborhood associations. There was nothing in the motion to indicate that the council would choose a member. Council Member Miller asked if the appointees had to be residents of the city. Council Member Young agreed to put a residency requirement in his motion. Council Member Brock agreed with that in her second. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 5. The Council received a report and held a discussion regarding the City Hall in the Mall project and the City of Denton Volunteer Program. Officer Jeryl Golden, Business Area Coordinator for the Police D to open an office in epartment, stated that one of the first duties assigned to him was coordinators placed into hpo position at tithe same time. three Tdiffent wo ewere residential, responsible for staffing the two existing offices. The Department was contacted by the Mall which offered space at the Mall. The Mall had been very helpful with this project and donated a significant financial contribution for the renovation of the space. The office will be located next to the Old Country Buffet. The bid from the contractor to renovate the space was $62,000 which required them to take another look at the renovation plans. A substantial amount the money for the area. Police labor was the usbid ed to ado that work which kept the project under $30,000. The Mall had donated $15,000 and the rest was paid for by seizures from local drug dealers. Several officers spent large amounts of time in the area for the renovation. The Mall will now have 24 hour security as they will have an office in the area. There will also be a customer service counter in the office which will provide services for paying utility bills, paying taxes, direct access to a hot line, registration for park activities, library applications, maps for utility line applications, volunteer opportunities, signing up for Civil Service tests, alarm permit applications, and trash bags. Other use of the space would include holding crime prevention classes, self-defense classes, robbery prevention classes, forgery prosecutions, space for community use, non-profit organizations could use the space for meetings, city meetings and business groups could use the space. The Utility Department had committed an individual to work at the office from 11:00 a.m.- 8:00 p.m. Monday - Friday. There would also be volunteers to help with information questions. Veronica Rolen, Administrative Assistant, stated that the volunteer program, Project CD, was a program of citizen volunteerism in Denton city government. There was a two fold mission with the City of Denton City Council Minutes November 14, 1995 r Page 8 c C first to provide an opportunity for citizens to make a meaningful contribution to the community. Second it allowed staff to increase the quality of services provided while maintaining or reducing costs. The program would complement the staff positions in the City. In order to facilitate the accomplishment of the mission, she had been appointed the Volunteer Coordinator to implement a city-wide Volunteer program. There were now seven departments which had volunteer positions available. The goal of the program was to have volunteer positions available in every city department. A plan of action included coordinating with RSVP, TWU, UNT, local churches, neighborhood groups and civic organizations. Currently they were recruiting volunteers to staff the mall office and would the that hourstofh the lvolunteersf c uld bebexpanded. to Itincludewas Mali hours. e of the 6• The Council convened into a Closed Meeting to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered and discussed settlement and the defense of oodaers v City of Denton. 2, Discussed settlement and defense of litigation concerning efforts to rezone 3.753 acres from SF-7 to Office zoning on the south side of I-35E and Lindsey Street. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments - Under TEX. GOVT CODE Sea, 551.074 1. Held a briefing regarding the selection of a Fire Chief. Following the completion of the Closed Meeting, the council convened into a Special Called Meeting. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young, ABSENT: None 1. The Council considered approval and took action on an ordinance authorizing the Mayor to execute a compromise settlement agreement in the matter of PS Joint venture Denton Texas et aI v. city of Jan Bailey stated that she was representing Community Group, The Group asked that the Councilh not use their She felt it was Iinchthis settled in court, unwise when it was r Y t • 1 City of Denton City Council Minutes November 14, 1995 Page 9 _ The following ordinance was considered: NO. 95-235 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE AS. AGREEMENT IN THE MATTER OF RPS JOINT VENTURE ET AL V CIJY OF DENTON TEXAS; AND DECLARING AN EFFECTIVE DATE. Young motioned, Biles seconded to authorize the mayor to execute the compromise settlement ayreement in the matter of RPS Joint Venture v, the City of Denton. On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock "nay", Biles "aye", and mayor Castleberry "aye". Motion carried with a 4-3 vote. With no further business, the meeting was adjourned at 10:40 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERs CITY SECRETARY CITY OF DENTON, TEXAS ACCO02DO r ~ it rh CITY OF DENTON CITY COUNCIL MINUTES November 21, 1995 The council convened into a Closed Meeting on Tuesday, November 21, 1995 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered settlement in Cohaaen et al. v. City of ento . B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Received a management report on executive search firms to conduct a recruitment and placement of a City Manager. The Council convened into a Regular Meeting on Tuesday, November 21, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None I 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. Resolutions of Appreciation A. The Council considered approval of a resolution of appreciation for Leonard Braughler. The following resolution was considered: RESOLUTION OF APPRECIATION FOR LEONARD BRAUGHLER On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. r J City of Denton City Council Minutes November 21, 1995 Page 2 B. The Council considered approval of a resolution of appreciation for Danny Jenkins. The following resolution was considered: RESOLUTION OF APPRECIATION FOR DANNY JENKINS on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizens Reports A. The Council received a citizen report from Carl Williams concerning a Citizens Police Review Board. Mr. Williams was not present at the meeting. B. The Council received a citizen report from Billy Braswell concerning the waiver form for the City of Denton Youth Basketball Program. Mr. Braswell expressed concerns about the waiver form for the Denton Youth Basketball program. He felt the second paragraph of the form was unjust as the Parks and Recreation Department was funded by the taxpayers and the fact that youth basketball charged a fee in order to pay for the program. His son was denied the right to play as he would not sign the waiver. He would not sign a waiver which indicated that his child would to left in the care of someone who could afford to be negligent and no one would be responsible. He asked the council to remove that clause from the waiver form as it was an unjust clause. Council Member Krueger asked Mr. Braswell if his son played basketball last year. Braswell replied that his son played two years ago. Council Member Krueger asked if Mr. Braswell had to sign the waiver form two years ago. Braswell indicated that he did not sign that particular form two years ago. I Ed Hodney, Director of Parks and Recreation, stated that the Parks and Recreation Board heard Mr. Braswell speak at their last meeting and understood Mr. Braswell's concerns. The Park Board felt that this was not a matter it could address but rather needed to be LL_ city of Denton City Council Minutes November 21, 1995 Page 3 addressed through the Legal Department and/or the Risk Management Department. The Board felt that perhaps it might be possible to rewrite the waiver language to make it more user friendly. It also questioned whether it was possible, from a policy standpoint, to compare costs of what it would cost to operate the program with a waiver in effect as opposed to operate the program without a waiver. Council Member Krueger asked how old was the document. Hodney stated that this was a new document which was not in effect before this year. Council Member Krueger asked if everyone at the recreation centers had to sign this waiver before participating in programs. Hodney replied that anyone who registered for a class or registered to play in a league was suppose to sign a waiver of liability. Council Member Krueger asked about the difference in liability between open play with no supervision, when this waiver was not signed, and the liability in a supervised program. Hodney replied that he did not know as it was a legal or risk management question. The waiver was required for all organized programs but not for a drop-in use of the facility. Council Member Krueger asked if the same waiver was required for the adult programs. Hodney replied yes that it should be a requirement for all organized classes and programs. Council Member Young stated that the waivers did not stand up in court. He did not see why there was such a strong waiver. He questioned whether the wording could be changed on the waiver. City Attorney Prouty stated that there were two issues associated with the waiver. One was the second paragraph of the waiver which released all claims that an individual or a child might have for any injury incurred as a result of any negligence whether caused by the City or otherwise, There was also a hold harmless agreement which indicated that the individual would indemnify the City against any claims resulting from any injury any other party might have coming from this activity. This was done as a risk management concept of risk avoidance. If it was the City's policy to have the participants assume the risk and to have them indemnify against the city's and their negligence such as premise liability, the document I r City of Denton City Council Minutes = ~7m~Tn November 21, 1995 Page 4 would have to be changed to release against the individual's own negligence. That was a policy matter for the Council to resolve. The intent of the waiver was to both release the City from any liability and also have the City indemnified against any injuries which might be caused by the individual to another individual participating in the program. Council Member Brock felt that this was an issue the Council needed to discuss as a regular agenda item. Mayor Pro Tem Biles suggested that the issue be placed on a work session so that tti~ City Attorney could examine the language of the waiver and brief the Council on the legal issues. Council Member Cott asked that the City Attorney examine whether a parent could sign insurance rights away on a minor child. Council Member Young asked if Mr. ©raswell's child would be allowed to play basketball without signing the waiver while the council studied the issue. Prouty stated that until there was a change in the policy, the child could not play as everyone else was required to sign the release. 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 0.36 acre tract from the single Family - 7 (SF-7) district to the Planned Development (PD) district and approval of the Detailed Plan for property located at 1920 N. Bell Avenue. (The Planning and zoning Commission recommended approval 4-3.) Frank Robbins, Director for Planning and Development, stated that originally there was opposition from 35t of the area land owners. That figure had changed and was now at 16$. Six votes from the Council was no longer needed to approve the proposal. The proposal was for a Planned Development District from a Single Family-7 district. The Planned Development District in this case was much more restrictive than the Single Family district because it required that only the foot print of the existing house and the foot print of the garage apartment remain the same. The Traffic Safety Commission granted a variance for a circular drive. The Council could override the variance with an amendment to the ordinance if it did not approve of the variance. The change in zoning would allow for a second living unit. One issue associated with the planned development was that it was only four feet from J tiCen9a I:o _ Date ~1 City of Denton City Council Minutes ~`y November ::1, 1995 Page 5 the fence and there was no single family zoning district which would allow a living unit that close. However, this was an existing structure whose roof line had been changed to allow for more area inside the building. Conditions associated with the planned development were that no more than one tenant would be able to occupy the unit, and the north and east windows would have to be altered to obscure the view of neighboring homes. The Mayor opened the public hearing. Annette Wheldon stated that she was a neighbor of the proposed property. There were garage apartments and rental units present in the area when she moved to the area. This was not something new to the neighborhood and the garage with the room above it had been there for many years. The proposal was to rent the room above the garage and she and many of the area neighbors did not have an objection to that. The property was well maintained and this would not hurt the neighborhood. She felt another issue was one of private property. A property owner should be able to reasonably use that property without the interference or approval or disapproval of the neighbors. She felt the request should be granted to rent the existing garage apartment. Margaret Ambuehl stated that she lived across the street from the proposal. The Pollocks had only a positive influence in the neighborhood and had made substantial improvements in the area. The garage apartment was done very well and she asked the Council to consider their request. i Bruce Pollock stated that he and his wife had owned the property for five years and this summer remodeled the property. They hired a general contractor to remodel the home. He was issued a permit to do the work in May of 1995 and continued to work through August. They felt that by hiring a general contractor all building codes, inspections and policies would be followed. It was oven specified in the contract that all work would be done to meet City codes and regulations. When they discovered that the garage apartment needed to be rezoned in order to be rented, they began the rezoning prccess. At no time did they falsify their intentions. It had been asserted by some individuals opposing their rezoning of the property, that he had misled the City in his intentions or the former condition of the garage apartment. A neighbor incorrectly stated that she had spoken with the previous owners and that no one had ever lived in the garage apartment. He had a letter from the previous owner indicating that two of his sons lived in the garage apartment while in high school. one individual in opposition did not even live in neighborhood. There was some concern with additional parking requirements of one tenant. He owned only one u rn•n ~f l:p •K city of Denton City Council Minutes November 21, 1995 Page 6 vehicle. The minutes of the Planning and Zoning Commission, which paraphrased him, indicated that they had three vehicles and also indicated that his children drove. His children were three and six years old. The approval for a circular drive was a separate safety issue due to the difficulty entering Bell Avenue. The garage ' structure was there when the home was built. The contractor did not increase the square footage of the structure nor did he change the footprint of the building. He raised the roof line on the east side to put in a kitchen area and small bathroom. The total square footage was the same. He agreed to frost the glass on the east and north side of the apartment. His intention had always been to rent to only one individual. Council Member Cott asked if there were separate papers for the garage apartment and for the house. Pollock replied that the general . ntractor did all of that paperwork. Mary C. Gay stated that she did not live within 200 feet of the property but was in opposition to the proposal. Zoning was important to people buying homes. This was a single family zoning neighborhood and she felt that this proposal would be an encroachment on that zoning and would open the door for others in the neighborhood to build garage apartments on the back of their lots. She felt this was spot zoning and could not find anywhere in the zoning regulations where planned development zoning would cover this situation. Section 35-1 stated that a variation from the standards established by the ordinance would not be granted to relieve a self created or personal hardship nor for a financial reason. She felt that the proposal would devaluate the property. Mack Gay, Jr. stated that he owned and rented the adjacent property. He was concerned about the spot zoning aspect of the proposal. The City had approached the area for creating a historical district in the area. Traffic was a problem in the area and to add additional families and residents would add to the problem. He asked the Council to not support the proposal. Mrs. A. V. Robles stated that she was a resident of the area. A planned development was not the remedy for this situation and the rezoning request was a case of spot zoning. Approval of this change would set a precedent and open the door for other future developments. She requested Council consider the problems of spot zoning and the adverse impact on the neighborhood before voting on the proposed change. J J 7 City of Denton City Council Minutes November 21, 1995 Page 7 ophelia Sparks stated that she had lived in the neighborhood for fifty-seven years. The Pollockfs garage structure looked out and down on the back part of her property. The structure was previously a gabled roof garage with a small storage area above a downstairs workshop. By changing the roof line, the owner had converted the storage area into a small poorly designed apartment. This conversion was done without a change in zoning and no building permit was obtained to create the apartment. Following a complaint to City Hall, Greg Mitchell red tagged the location. When he made an on-site inspection, he was given false information that a garage apartment had previously existed there. On that basis, Mitchell issued a building permit to alter and repair a garage apartment. A garage apartment never existed there. There was only a work shop with no plumbing. Charles Kragel confirmed her statement to Mr. Mitchell and the permit was voided. Mr. Pollock was told that he could not use the space as a rental apartment unless he applied for rezoning but in the interim the apartment was advertised for rent. The visual impact of the structure was unsightly as the building was much larger than the surrounding area. The apartment could not be seen from the street but could be seen from surrounding neighbors. The building was used as a shop and not as an apartment. The former owner indicated that the area was used as a study room but there was no plumbing to the room. Mayor Pro Tem Biles stated that Ms. Sparks' concern was if Mr. Pollock rented out the property but would not have an objection if a family member resided above the garage. Ms. Sparks replied that originally she thought the area was going to be a family room for the Pollock's. I Mayor Castleberry indicated that he had a Speaker Card from Mr. A. V. Robles indicating opposition to the proposal but not wishing to speak. Mr. Pollock was allowed a five minute rebuttal. Pollock stated that he was also opposed to snot zoning; however, this was not an example of spot zoning. There were many garage apartments, rental properties and duplexes in the area. His proposal would not alter the character of the neighborhood as there were many garage apartments in the area. He felt he was doing the correct procedure by hiring a general contractor to do this project. When he bought the property it was mentioned to him about the potential income from rentals. He did not build a garage apartment but merely remodeled an existing structure. The circular drive was for safety reasons and was a separate issue. His proposal would not affect the character nor historic nature of the C 4 24' 7y&--k City of Denton City Council Minutes November 21, 1995 Page 8 area. This proposal did not qualify as spot zoning as supported by the Assistant City Attorney, The proposal would not add any traffic to the area. The Mayor closed the public hearing. Cott motioned, Young seconded to deny the request. Mayor Pro Tem Biles asked if there were any other garage apartments on North Bell between Sherman and University. Pollock replied yes. Mayor Pro Tem Biles asked if they were rental units. Pollock replied correct. Mayor Pro Tem Biles asked where they were located. Pollock located the apartments on an overhead map. Council Member Miller asked how and why a building permit was issued on this property to renovate the garage. Robbins replied that the general contractor made a building permit application to renovate an existing garage apartment and on those terms the permit was issued. After that there were complaints raised and before the final inspection was done, an inspection was done which indicated that construction was proceeding which would change the way the building was designed. The two issues were what was the real use and how would it be built. Based on those issues, the permit was voided and the zoning application process started. Based on the information supplied by the general contractor, it was assumed that this property was a non-conforming use. Council Member Krueger asked who decided what was non-conforming. Was a structure not a home unless it had plumbing. Robbins replied in this case, it was when the plumbing was put in. There was an area designed for sleeping, living and the addition of plumbing. The construction of the plumbing made it another unit. Council Member Krueger stated that if there was electricity and gas in an attic portion of a garage with a stove and refrigerator but no running water, it would not be a house. Robbins replied correct. There were two items which could be added to a structure which might make it a separate unit. J City of Denton City Council Minutes E November 21, 1995 Page 9 Council Member Krueger asked who made that determination and where was that written down. Robbins stated that the Chief Building official made that determination and the standards of what comprised a unit were in the Building Code and the Zoning Ordinance. Council Member Miller questioned if the use of a planned development was a usual procedure in a residential neighborhood. Robbins replied that it was unusual but the only zoning district allowed in which this type of activity with a detached unit on a lot, was a planned development district. The only district which allowed a set back as narrow as four feet or less, was a planned development district. Council Member Miller asked if someone could take a vacant lot in the area and do the same request for planned development for development of something other than SF7 based on this request. Robbins replied yes but the issue would be whether it should be approved. This proposal only took the existing structure and changed the roof line. Council Member Miller asked if the circumstances of the request had been known would the building permit have been issued. Robbins replied no. Council Member Brock stated that the other garage apartments in the area were legal non-conforming uses as they were already there when the present zoning was adopted. They were non-conforming to the zoning ordinance but were legally grandfathered in. The question was if this was an appropriate use to approve right now in spite of the diversity is the neighborhood. Council Member Young felt that this was spot zoning and would change the character of the neighborhood. Mayor Pro Tem Biles asked if the planned development was required because the proposal was for rental property. Robbins replied no. Mayor Pro Tem Biles asked if Pollock wanted to put his child in a bedroom over the garage, even though it was detached from the house, a planned development would be needed. f City of Denton City Council Minutes 0,.'l November 21, 1995 Page 10 Robbins replied no. Mayor Pro Tem Biles stated that the distinction was because it was a rental property. Robbins stated that the distinction was that in a single family district, there may be four unrelated Bedrooms with plumbing did not have to bee partpofnthe house ructubut when it was occupied by more than four unrelated individuals, then it could be a second unit. If someone other than Pollockfs family occupied the structure, as now designed with plumbing, with the use and the way it was constructed, it became another unit. City Manager Harrell stated that the difference rom the garage unit came had been converted. It now had lumbing, the way a stove, etc. and now met the requirements and the definition ofa dwelling unit. If there were three people living in the main house and a fourth unrelated person occupied the apartment like it was before the plumbing and a stove and had to go t the main houe for those functions, it would be allowed. But wh no there was thescombination of converting it to a dwelling unit and then have an unrelated individual occupying the location, that was the problem. Cott motioned, Young seconded to call the question. On roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "nay", Brock "nay", Biles "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. Council Member Brock stated that there had been past issues simil to this when an individual wanted to create an apartment withinaa house for a relative. The definition of a separate dwelling unit indicated a kitchen would be present. Robbins replied that that was part of the definition. Mayor Pro Tem Biles stated that he had a problem with the planned development. He questioned if the planned development was the only way to accomplish the objective of a rental property because it would be a rental property to an unrelated individual and was a stand alone unit. Robbins replied correct. Council Member Miller stated that this was a difficult situation but he would vote for the motion on the basis of his concern about land use and the potential impact of the use of planned development for other requests. City of Denton City Council Minutes November 21, 1995 yam- Page li Council Member Krueger indicated that he had a problem with the term used "legally non-conforming", He also had a problem with the definition of a kitchen and how it constituted part of the requirement for a dwelling structure. Council Member Young left the meeting. Council Member Krueger stated that the issue dealt with a situation where a City staff member was denied a permit based on an assumption of what a separate dwelling was. He felt that that assumption was incorrect. Council Member Miller stated that there was a legal definition of a non-conforming use. Robbins replied that it was a situation where there was an existing use and the property was annexed and zoned or the rules changed. Basically it occurred when the rules changed after the zoning was in place. Council Member Young returned to the meeting. Council Member Krueger stated that that was exactly what the situation was in this proposal. Cott motioned, Young seconded to call question. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay", Brock "ayes, Biles "nay", and Mayor Castleberry "aye". Motion carried with a 5- 2 vote. on roll vote of the motion to deny the zoning request, Miller "aye", Young "aye", Cott "aye", Krueger "nay", Brock "aye", Biles aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council held a public hearing and considered adoption of an ordinance for a specific use permit for Sterling House, a nursing home or residence home for aged (assisted living) on 6.3855 acres in the Agricultural (A) zoning district. The subject property was Lot 1, Block 1, of the Gateway Addition, and was located on the west side of Hinkle, one hundred feet north of Meadow Ridge. (The Planning and Zoning commission recommended approval 7-0.) Frdnk Robbins, Director for Planning and Development, stated that this was a request for a specific use permit in an agricultural zoning district for an assisted care facility. Mary homes in the neighboring subdivision were built within four feet from the back Y City Of Denton City Council Minutes November 21, 1995 Page 12 lot line with a short setback. The applicant changed the layout of the facility and placed the parking lot on the north side. There were some landscaping issues which were discussed at the Planning and Zoning commission which recommended approval with the condition that additional trees being planted. The Planning and Zoning Commission determined that the criteria needed to approve a specific use permit had been met. The Mayor opened the public hearing. Dan Gassett stated that he would be available to answer any questions regarding the proposal. The facility would provide an assisted living facility for the elderly as long as the residents were ambulatory. Council Member Miller asked if there were plans for the back part of the lot. Gassett stated that there were no specific plans at this time but could be another facility similar to this one. Council Member Cott stated that in the last few weeks there had been many applications for assisted living facilities. He expressed a concern about having a great number of people in a relatively small amount of space. He asked that staff follow through with a standard for this community as to what the community was willing to accept for this area of housing. How many people should go into such units. Gassett stated that the facility would have a residential look as well as a residential feel. There would only be 37 units in this facility and each unit would have a kitchen with a microwave. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-236 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO OPERATE A NURSING HOME OR RESIDENCE HOME FOR AGED (ASSISTED LIVING FACILITY) ON 6.3855 ACRES LOCATED ON THE WEST SIDE OF HINKLE ROAD, APPROXIMATELY ONE HUNDRED FEET NORTH OF MEADOW RIDGE DRIVE, PLATTED AS LOT 11 BLOCK 11 OF THE GATEWAY ADDITION, AND CURRENTLY ZONFD UNDER THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXT!SUM X%IOUNT OF r 7City of Denton City Council Minutes L~ November 21, 1995 Page 13 $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "ayell, Brock aye",oBsles "aye", and Mayor Castleberry Faye". Motion carried " unanim. 5. Variances A. The Council considered a variance to Section 34-114 (17) [sidewalks] of the Code of Ordinances relative to the proposed Clampitt Addition. The 10.00 acre tract was located on the east side of F.M. 2164, approximately 4,000 feet north of Loop 288. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Director for Planning and Development, stated that this was an exaction variance. The Planning and Zoning Commission recommended approval as the cost of the sidewalk would be greater than the benefit. Krueger motioned, Brock seconded to approve the variance. On roll vote, Miller "aye", Young 'laye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered a variance to Section 34-124 (f) [concrete channel] of the Code of Ordinances relative to the proposed Clampitt Addition. The 10.00 acre tract was located on the east side of FM 2164 approximately 4,000 feet north of Loop 288. (The Planning and Zoning Commission recommended approval, 7- 0.) Frank Robbins, Director for Planning and Development, stated that the applicant proposed to divide the 10 acres into three single family residential lots. The existing channel would be left in a natural condition and a detention tank would be constructed. A drainage easement wide enough to contain a 100 year flood would also be dedicated. Krueger motioned, Cott seconded to approve the variance. Council Member Young requested an amendment for a condition that a drainage easement be dedicated to contain a 100 year storm. Council Member Krueger stated that that had already been considered and the variance had been approved by the Planning and Zoning Commission. He did not want to change his motion. v -,enn ro R;^n.a~r~ Datc c City of Denton City Council Minutes November 21, 1995 Page 14 Mayor Castleberry stated that that requirement was already a part of the variance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Council Member Krueger requested that Item 6.B. be pulled for consideration. Tom Shaw, Purchasing Agent, stated that Item 6.B. was an extension of an interlocal agreement with Denton County for the purchase of police vehicles. The City had an interlocal agreement with Denton county and had purchased the City's police vehicles for the past two years off of bids solicited by the County. Council Member Krueger asked who was the lowest local bidder. Shaw replied that there was only one local bidder, Bill Utter Ford, because Chrysler and General Motors no longer built police cars. Council Member Krueger asked for the difference in price between the Denison firm and the local dealer. Shaw stated that the recommendation was for Hillside Ford in Denison. The difference in the base bid without the options was $16 per unit and with the options was $43 per unit. Council Member Krueger asked if the City had to go to Denison to get the vehicles. Shaw replied no that they were delivered to the City's Fleet Vehicle Center. Council Member Krueger stated that the City needed to take the best available bid but not necessarily the lowest bid. Shaw stated that the wording of the law was that the award would be made to the lowest and best bid for the cities. It used the term lowest and most responsible for the counties and the Attorney General had ruled that these two terms were the same. Council Member Krueger stated that it then was what would be the definition of responsible. City of Denton City Council Minutes November 21, 1995 Page 15 Shaw stated that the definition of responsible was dealt with by the Attorney General in several rulings. The Attorney General had ruled several times that the location or the contribution that a bidder made to a community could not be considered as part of the determination of lowest and best bid. Council Member Krueger asked where these vehciles would be serviced. Shaw stated that they would be taken to the local dealers for warranty service. Denton Motors and Bill Utter Ford solicited the City's business on a regular basis. Herb Prouty, City Attorney, stated that a low bid had to be accepted. The Attorney General had ruled on several occasions that a local bidder could not be used in that consideration. A responsible bidder was one which was capable of delivering the project or doing the work and included such factors as financial ability of the bidder, previous contracts and how that bidder preformed. The only way to determine that a bidder was not responsible was to find that the bidder did not perform well on other contracts or did not have the financial ability to deliver the product. Council Member Krueger stated that there was a difference in some of the items offered by the local vendor which were not offered by the other vendor such as a full size spare tire. Shaw replied no that the specifications required a conventional spare on all the vehicles. There was no exception taken to the bid from Hilltop Ford. City Manager Harrell stated that throughout the years there had been this kind of difficulty on any project when the price was close and there was a local vendor who was not the low bidder. Based on the City Attorney's recommendation and State law, the council had consistently followed that law and awarded the low bidder. From time to time, the Texas Municipal League considered an amendment to the State law which would allow councils to have more leeway to look at the location of vendors when awarding contracts. With this particular case it was important to point out that the council was agreeing with the interlocal agreement with Denton County. The low bidder in the interlocal agreement was Hilltop Ford. If the Hilltop Ford bid was not accepted, the only recourse would be to reject the contract and not agree to have this done with Denton County. The City would have to then rebid the cars before any dealership could be considered. The problem with that was that it was near the end of a manufactured year. It would be F a-,crAq NO City of Denton City Council Minutes '``yam ~:-7 November 21, 1995 Page 16 impossible to rebid and award a contract this year thus not buying police cars this year. Mayor Pro Tem Biles asked if delivery time could be used for a determination of best and responsible bid. Shaw stated that time was not an issue for delivery. Brock motioned, Cott seconded to approve the consent Agenda as presented. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. A. Bids and Purchase Orders 1. Bid 11802 - Distribution Transformers 2. Bid 11814 - 69 KV SF6 Circuit Breakers 3. Bid 01828 - Teasley Lane Median Irrigation B. Interlocal Agreements 1. Denton County - Police Vehicles 7. Consent Agenda Ordinances council considered Consent Agenda Ordinances 7.A. - 7.C. Miller motioned, Brock seconded to adopt the Consent Agenda Ordinances. On roll vote, Miller "aye ""+r Brock "aye", Bites "na ' Young aye.rCott "aye", Krueger "aye", carried with a E-1 votey and Mayor Castleberry "aye". Motion A. NO. 95-237 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.1. - Bid 11802, 6.A.2. - Bid ,1814) a. NO. 95-238 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. (6.A.3. - Bid 01828) 1_.. I _ City of Denton City Council Minutes November 21, 1995 Page 17 C. NO. 95-239 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON TO AUTHORIZE PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. (6.B.1.) 8. ordinances A. The Council considered adoption of an ordinance renaming Payne Drive to Windsor Drive. (The Planning and Zoning Commission and the Historic Landmark Commission recommended approval.) Frank Robbins, Director for Planning and Development, stated that this was the second consideration for this issue. Council asked staff to contact members of the Payne family which resulted in a letter of opposition from M. E. Payne. This was a petition from the residents in the Westgate area who had experienced a problem with service delivery from more than one entity. This was not a precedent setting issue. There was potential confusion with a future exit in the area. As the family still owned land in the area, there would be other opportunities to name another street Payne. The following resolution was considered: NO. 95-240 i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF PAYNE DRIVE TO WINDSOR DRIVE; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Miller seconded to approve the recommendation of the two Boards and rename the street to Windsor Drive because of consistency and convenience. There would be no addresses to change and the area was confusing to unfamiliar drivers. Council Member Young disagreed with the name change as the Payne family was a pioneer family in Denton which made many contributions in Denton. The street name was in their honor and changing the name would be taking that honor away. Mayor Castleberry sated thot he was not in favor of the motion. It would be a good point to honor a family in Denton by keeping the name of Payne. r v i 1~rr n, f:p . City of Denton City Council Minutes November 21, 1995 Page 18 On roll vote, Miller "aye'", Young "nay", Cott "aye", Krueger "nay" Brock "aye "t Biles aye , and Mayor Castleberry "nay". Motion carried with a 4-3 vote. B. The Council cons' authorizing the Mayor to execute ran engineering services agreement between the City of Denton and Gutierrez, Smouse, Wilmut and Associates, Inc. for Cooper Creek Drainage Basin rehabilitation and design. Bob Nelson, Executive Director for Utilities, stated that approximately a year ago, several residents came before the Public Utilities Board and the Planning and Zoning Commission regarding sewer overflows on Stewart Road. Rehabilitation money was included in the CIP and in the Utilities budget for this project. This would be the engineering contract to begin the full rehabilitation. Mayor Pro Tem Biles left the meeting. Nelson continued that some work had already been done. Last year a smoke test was done to determine any leakage which provided a place to begin the work. The following ordinance was considered: NO. 95-241 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING SERVICES AGREEMENT WE SMOUSE, WILMUT& ASSOC INC N FOR COOPER CREEK DRAINAGE EBASIN REHABILITATION AND DESIGN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Cott motioned, voteMiller"aye 1,1 Young "aye", t Cott adopt "aye", Krueger ordinance. aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving two hour parking restriction on Elm, Cedar, Pecan, and McKinney Streets directly adjacent to City Hall West and to provide for customer parking 8:00 a.m. - 5:00 p.m. Monday through Friday heading east approximately 250 feet. Rick Svehla, Deputy City Manager, stated that this was a change in parking around city Hall West. Several City departments had been moved to that building and in an attempt to provide more parking for citizens, a two hour parking limit was suggested around the building. 0 r City of Denton City Council Minutes November 21, 1995 Page 19 The following ordinance was considered: NO. 95-242 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES FOR MORE THAN TWO HOURS ON CERTAIN PORTIONS OF ELM, CEDAR, PECAN A14D MCKINNEY STREETS AND CERTAIN PARKING SPACES ADJACENT THERETO AND CITY HALL WEST BETWEEN THE HOURS OF 8:00 AM THROUGH 5:00 PM MONDAY THROUGH FRIDAY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. I Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Resolutions A. The Council considered approval of a resolution supporting settlement of issues affecting TMPA cities and amending the power sales contract; directing the Mayor, City Manager, and Denton's TMPA Board Members to work diligently on behalf of this compromise. Bob Nelson, Executive Director for Utilities, stated that this agreement had four major components. The first dealt with an amendment to the TMPA Power Sales Agreement which would allow each of the four cities to make future pow.:r production supply decisions on their own. Presently the contract mentioned full requirements and without a special activity, the cities were unable to do that. The second component dealt with how much of the TMPA power and energy each city would receive. Denton had received 22% in the past and would be changed to 21.3%. The third component dealt with the savings anticipated from the change to western fuel. It was anticipated that there would be approximately $30 million worth of savings per year. This compromise would ask the TMPA Board to set the rates as low as possible to keep the money in the cities. The cities would then set up some type of fund to use in the future to offset future debt service increases. Mayor Pro Tem Biles returned to the meeting. Council Member Krueger left the meeting. Nelson continued that the fourth component stated that each city was responsible for its percentage of future TMPA costs. The greatest advantage of this compromise was the $750,000 reduction in y ^r~~a 1~~ ~ Ll City of Denton City Council Minutes November 21, 1995 Page 20 power costs from TMPA. City Manager Harrell stated that the agreement, in similar form, had been approved by Greenville and Bryan and was on the agenda for the Garland City Council. Council Member Krueger returned to the meeting. The following resolution was considered: NO. R95-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING SETTLEMENT OF ISSUES AFFECTING TMPA CITIES AND THE AMENDMENT OF THE POWER SALES CONTRACT; DIRECTING THE MAYOR, CITY MANAGER, AND DENTONFS T14PA BOARD MEMBERS TO WORK DILIGENTLY ON BEHALF OF THIS COMPROMISE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Young seconded to approve the resolution. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Young left the meeting. 10. The Council considered a motion to confirm the appointment of a Fire Chief. City Manager Harrell presented the appointment of Ross Chadwick is Fire Chief. Council Member Young returned to the meeting. Biles motioned, Brock seconded to confirm the appointment of Ross Chadwick as Fire Chief. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council held a discussion and gave staff direction concerning selecting an executive search firm to assist the City Council in recruiting and selecting a city manager. Tom Klinck, Director of Human Resources, stated that the City had solicited proposals from several executive search firms for this process. Each of those proposals had been analyzed and he asked for Council's desire of which firms to interview. r v ~ . , `0!l41 City of Denton City Council Minutes November 21, 1995 Page 21 Miller motioned, Brock seconded to interview the firms of Jensen, Oldani and Cooper; the Par Group; and Anderson and Associates. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock 'layell, Biles flaye'f, and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council received an update from the Acting Municipal Judge regarding the Municipal Court of Record. Judge Ramsay stated that he was working on a survey of the progress of the Municipal Court which should be completed soon for Council review. He had assigned several directives and court rules to reduce time and effort in work load. He had made a policy change for failure to appear which did not require another bond be posted for another court date. There were 150-200 warrants which still needed to be processed. The citation format was changed to allow for language for the option for the City to contract with the DPS to collect unpaid tickets. Parking citations would be reduced from a fine of $15 to $10. The parking citations had a list of fines on the front but the print was very small and difficult to read. It would cost $1,800 to reprint the ticket books to reflect the new fine for over limit parking. He suggested the parking officer hand strike out the $15 amount and write in the $10 amount. He asked council for guidance. The court docket was already set for January and they were working on trial dockets for January, February and March. 13. The Council considered nominations/appointments to the City's Boards, Commissions and Committees. A. Keep Denton Beautiful Board B. `traffic Safety Commission C. Sign Board of Appeals D. Joint Tax Abatement Committee Mayor Pro Tem Biles nominated Fjola Jeffries to the Keep Denton Beautiful Board. Council Member Kruger nominated Derrick Hartsfield to the Traffic Safety Commission. Council Member Brock did not have an appointment to the Sign Board of Appeals at this time. City Manager Harrell stated that according to the joint tax abatement policy, there was a joint committee made up of representatives from the County, DISD and the City. This committee made recommendations to the appropriate bodies regarding tax r Y t 7 y f City of Denton city council minutes `i r ` +J November 21, 1995 Page 22 abatement. The policy indicated two elected representatives and one representative from each jurisdiction who was a staff member. The previous representatives were Council Members Hugh Ayer and Bob Gorton and City Manager Harrell. Miller motioned to appoint Council Member Brock, Mayor Pro Tem Biles and Kathy DuBose, Executive Director for Finance, to the Committee. on roll vote, Miller 1laye", Young "nay'r, Cott 'Faye", Krueger '0aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a, 6-1 vote. 14. Vision Update Council Member Miller stated that there had been one Cabinet meeting after the public presentations at which the strategy boards were reviewed. There would be another meeting soon to begin working out the program for the implementation of the vision projects. Council Member Cott left the meeting. 15. Miscellaneous matters from the City Manager. A. City Manager Harrell expressed his appreciation Council to the for all the support and encouragement given to him over his years of service he had with the City of Denton. 16. The following action was taken on Closed Meeting Items: City Attorney Prouty asked the Council to make a motion to authorize a settlement offer in the Coha en v. City case as discussed in Closed Session. Biles motioned, Krueger seconded to authorize the settlement offer. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 16. New Business The following items were suggested by Council Members for future agendas: A. Council Member Young asked for a work session item regarding the sewage and water problems on Bridges Street and a review of the City's annexing policy regarding water and sewer services. S b 9 i City of Denton City Council Minutes Litz November 21, 1995 - Page 23 B Mayor Pro Tem Biles requested a work session item regarding the Municipal Court's citation books. C. Council Member Krueger asked for information regarding the layout of the land annexed by the truck stop, particularly the west side of 135. He wanted to know when it was annexed, what was grandfathered, how many fines and violations had been paid and issued from the point of annexation to present. With no further business, the meeting was adjourned 10:40 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002D2 , i CITY OF DENTON CITY COUNCIL MINUTES November 28, 1995 _Dar^ r~~` 1 The Council convened into a Closed Meeting on Tuesday, November 218, 1995 at 5:15 p.m. in the Civil Defense. i PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered settlement offer in Price v. City of Denton. 2. Considered and gave staff direction with regard to the enactment of an ordinance to prohibit concealed weapons to City facilities. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Following the completion of the Closed Meeting, the Council convened into a Work Session in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the 1997 Group Health Insurance bid specifications for the Employees Health Insurance Program. Craig Maroney, Human Resources Generalist - Benefits and Insurance, presented a bid schedule for the 1997 Employee Health Insurance Program. The bid components were composed of provider access; provider contracting and reimbursement methods; financial stability; utilization management techniques; medical management techniques; data collection and reporting; membership services; pharmacy management; overall plan design; and retiree health cost options. There were two options to consider with the hospital provider access. One option was to provide only one major medical center in Denton. The potential impact of that option was lower premium rates and overall costs; adequate match of hospital services for coverage size; tertiary services contracted with other Denton or Dallas/Ft. Worth providers; increase the field of potential bidders; and facility preference by providers and employees/dependents. A second option was to provide for both major medical centers in Denton. Potential impact of this option included higher than necessary premium costs for the City and employees; a narrow field of potential bidders; increased 3 V City of Denton City Council Minutes f n November 28, 1995 I1 3 Page 2 likelihood that all/most medical services were provided by Denton facilities; broadened access for employees/dependents; and increased accessibility for loyees/dependents. Texas State law mandated retiree coverage wit:: no funding requirements. There was an ever increasing number of eligible retirees and a high cost of retiree health coverage. Many eligible retirees did not retire due to the high cost of health insurance. Council Member Miller felt that the best procedure for making an informed decision would be to have one bid for a single hospital and an alternative bid for both hospitals. Mayor Pro Tem Biles asked if there was a problem with Harris Methodist being able to produce a contract with both hospitals or was there a problem with one of the hospitals. Tom Klinck, Director of Human Resources, stated that there was a long history with that issue. When Harris first entered into the agreement with the City in 1994, they had an exclusive contract with Denton Community Hospital which they could not get out of at that point in time. Council urged Harris to continue to look at the issue of using both hospitals and each year that item was discussed. Both hospitals were recently purchased by Columbia. The FTC indicated that Columbia had to divest of one of the hospitals. With continued discussions with Harris, the City was able to work out a contract with both hospitals. Mayor Pro Tam Biles felt that it would be more informative to look at a dual bidding system. Would the bidders be at a disadvantage not knowing what they would be bidding on. Klinck replied that that was an unknown. It was important to recognize that it was likely that there might be changes during the process. Council Member Miller stated that the issues were the same even if there was only a sole source hospital. Rick Svehla, Acting City Manager, stated that the City had bid many different projects with options or alternates. If any of the potential bidders had concerns, there probably would be exceptions or addendums to the bids. Council Member Cott stated that he would like to see a bid based on a 5% reduction per person. Miller motioned, Biles seconded to authorize a bid process based on a single hospital named by the provider and an alternative bid for both hospitals. City of Denton City Council Minutes November 28, 1995 Page 3_.___ Council Member Cott asked to include a 5% reduction of current costs as a third alternative. Council Member Miller stated that he would not accept that change to his motion. Cott motioned, Young seconded to amend the notion to include a 5% reduction of current costs as a third alternative. Mayor Pro Tem Biles asked if the amendment would go against the State bidding process. Klinck stated that the purpose of the bidding process was to receive the lowest cost the market would provide at that point in time. Staff would indicate, after receiving the bids, which were the lowest costs and the best cost. Council Member Cott stated that in order to bid what he was recommending, a bidder would have to take something away instead of adding items. City Attorney Prouty felt that Council Member Cott was asking that, as a condition, all bidders would bid at least 5% lower than the current cost or less. Council Member Cott stated that he would like to see what it would cost for a 5% reduction. Klinck stated that they had just received a 5% increase for Harris for next year. Specific additional costs which were impacting the organization could be prepared. I Cott and Young withdrew their motion and second. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council received a report, held a discussion and gave staff direction concerning a City Council work session on Community Diversity. Council Member Miller stated that Council had voted to form a Racial Diversity Task Force but delayed the formation until January. While attending the Texas Municipal League Conference, he participated in a session regarding workforce diversity and received many ideas regarding how to process this task force. As quickly as possible, he suggested that the Council spend half a day away, stay overnight and have half another day to facilitate this type of discussion. A possible consultant was Richard Lewis who had done this type of diversity work for other entities. He asked J City of Denton City Council Minutes R,pndalien November 28, 1995 Date Page 4 if Council would consider such a planning session with this facilitator. Council Member Young felt it was a good idea and was something that was needed. He felt the facilitator should work with the entire Racial Diversity Task Force when the time was appropriate. Council Member Miller stated that the idea was that if Council liked what the facilitator did, then the Council could talk about what to do with the entire issue. An assessment and evaluation would be made before exposing the facilitator to the entire committee. Young motioned, Biles seconded to proceed with the facilitator. Council Member Cott stated that there was an implied point that something was wrong at the City. Until and when there was an idea about what it was the Council was looking for, he was concerned about that perspective. That was not to say that there was nothing wrong in some places but he was concerned about the implications. If there was something specific, look for it but do not look for something not there. Council Member Brock stated that she supported this idea and did not feel that it implied that anything was wrong with staff. Council Member Cott's comments pointed out the need for a retreat to work out these types of issues. No one on Council would want to start a committee without knowing what would be the thrust of such a committee. This Committee could turn into a committee which would promote harmony in the community. The DISD had an advisory committee which was on-going which answered questions the community needed to know and helped reduce tensions in certain situations. Council Member Young felt that there was an on-going problem in the { City. The majority of minorities in the community felt there was a problem. The Task Force would cover a variety of issues relative to racial diversity and would be a scientific approach to racial diversity. Mayor Pro Tem Biles felt that Dr. Lewis would help Council communicate among themselves and facilitate what the Council wanted out of the Racial Diversity committee. Council Member Cott stated that he had a concern for the people who worked for the City who were concerned about what the Council was doing. He suggested Council involve several people from the employees who could communicate to other employees what the council was doing. Council Member Miller stated that one aspect of the session might include what this was all about to make sure that the Council was c 1 i City of Denton City Council Minutes November 28, 1995 Page 5 rax_ talking about the same thing. They would also talk about strategic planning and a strategy for broadening this into a multicultural participation. Council Member Brock felt that Council Member Young's original intent was to have members of the City staff be involved in the process. She requested that the title of the task force be changed to a workforce diversity task force if it was going to pertain strictly to the City's operation as opposed to racial diversity or change to community diversity as opposed to racial diversity. Acting City Manager Svehla stated that there was a recent article in the Denton Record-Chronicle about an employee who was released from the organization and he was convinced the individual was let go for a good cause and a good reason. He wanted to assure the Council that as there were other comments made in the article about problems internal to the City, he asked Human Resources to look into the policies governing those kinds of accusations. Council Member Miller stated that he would like to have the Acting City Manager and Director of Human Resources involved with the council session. Council Member Young and Mayor Pro Tem Biles agreed to include those individuals with the council session. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 3. The Council received reports from executive search firms, held a discussion concerning selecting an executive search firm to assist the City Council in recruiting and selecting a City Manager, and gave staff direction. Tom Klinck, Director of Human Resources, stated that proposals had been received from three firms and Council had had an opportunity to interview with those firms on a one-on-one basis. The firms would be making a ten minute presentation regarding an overview of their firms and information pertinent to the project. Council Member Cott left the meeting. Council received presentations from the firms of Jensen, Oldani and Cooper; the Par Group; and Anderson and Associates. Council Member Cott returned to the meeting during the presentations. Following the completion of the Work Session, the Council convened into a Special Called Session in the City Council Chambers. s s City of Denton City Council Minutes F a No November 28, 1995 Pa ge 6 PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with an executive search consultant. Council Members Krueger and Young were not present following a recess of the Council. The following ordinance was considered: NO. 95-243 AN ORDINANCE AUTHORIZING THE MAYOR OR IN HIS ABSENCE, THE MAYOR PRO-TEM, TO ENTER INTO A CONTRACT BETWEEN THE CITY OF DENTON AND JENSEN, OLDANI & COOPER, AN EXECUTIVE SEARCH CONSULTANT, TO ASSIST THE CITY IN SELECTING A CITY MANAGER; AUTHORIZING THE EXPENDITURE OF FUITDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Miller seconded to adopt the ordinance. Council Members Krueger and Young returned to the meeting. on roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. With no further business, the meeting was adjourned at 7:45 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO02D5 P 1 i Aoende No. ,p Aoerda Item IQ` i rate DATE: March 19, 1996 CRY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT; Hold a public hearing and consider an ordinance for a Specific Use Permit for a parking lot for the Sullivan-Keller Early Development Center. The subject property is in the Single Family 7 (SF-7) zoning district and is located on the northwest corner of Davis and Wood Streets, and is more commonly known as Lots 1-4, Block 4, of the College View Addition. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request (7- 0). SUMMARY: See Planning and Zoning Commission Report , BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Respectfully submitted: Rick Svehla Acting City Manager 0 t r Apend. Apend~ ens can Prepared by: Walter E. eeves, Jr. Urban Planner Approved: Frank Robbins, AICP Director Planning and Development Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment #3: Draft minutes of the March 13, 1996, P & Z meeting. x F42enda no ATTACHMENT enda Item PLANNING AND ZONING COMMISSION REPORT To: Denton City Council From: Denton Planning and Zoning Commission Date: March 19, 1996 Subject: Z-96-004 GENERAL INFORMATION Applicant: Norm Sisk 909 Linden Denton, Texas 76201 Owner: DISD 1307 N. Locust Denton, TX 76201 Action: Request for Specific Use Permit for a parking lot for the Sullivan- Keller Early Learning Center. Location: The subject property is located on the northwest corner of Davis and Wood Streets. (See Attachment 1) Surrounding Zoning and Land Use: North: Residential use, Single Family 7 zoning. South: Residential use, Single Family 7 zoning. East: Residential use, Sullivan-Keller, Single Family 7 zoning. West: Residential use, Single Family 7 zoning. Denton Development Plan: Low Intensity Area #48 (111% allocated). SPECIAL INFORMATION None. BACKGROUND The subject property consists of Lots 1.4, Block 4, of the College View Addition. The area was placed in the Single Family 7 (SF-7) zoning district by Ordinance 69-01, which adopted a Comprehensive Zoning Ordinance and Map for the City of Denton. The subject property remains in the SF-7 zoning district as of the present time. The reason for this request is that Remote, Off-street Parking requires an SUP in the SF-7 zoning district. NOTICE Twenty-seven (27) notices were mailed on March 1, 1996. As of the time of preparation of this report, two replies have been received, both are in favor Page 1 r,. ay l n1 t.2m 3, ANALYSIS The table below provides a summary of the Ordinance relatr iirements for this project. Denton Zoning Ordinance Requirement Summary FF Specific Use Permit RATING VS P.EGUIREMENTS REQUIREMENT COMMENTS sy,mra any Swrm" cWGISIml intonte 1 nl Incmrrl~Unt The specific use will i compabbte The proposed parking of will be heavily with and not injurious to the use and landscaped, and will reduce the number enjoyment of other property nor of vehicles currently parked in the street, thus X significantly diminish or Impair helping the street to operate more ei property values within the Immediate vicinity. That the establishment of :he Again, the proposed parking bit will be heavily specific use will not Impede the landscaped and screened from surrounding normal and orderly development and property. Addtionally, it will remove parked X Improvement of surrounding vacant vehicles from the surrounding streets wi property. will reduce traffic tow constraints. That adequate utilities, access Sidewalks will be provided along both street roads, drainage and other necessary frontages, X supporting facilities have been or will be provided. The design, locaton and Meals Ordnance requirements, arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and X pedesGian traffic without adversely affecting the genera! pub c or ad acen; dovslopments That adequate nuisance prevention A six foot fence will be constructed along the measures have been or will be taken west and north property lines Landscaping X to prevent or control offensive odor, will be installed along both street rronWges, fumes, dust, noise and Vbration, and along the western property line. The padding area will be paved. The, diractlonat lighting wilt be No lighting is proposed, X prn,vided so as not to disturb or adversely affect neighboring properties That there Is sufficient landscaping The proposed landscaping meets to and screening to ensure harmony requirements of the Landscaping, Screening, X and compatibility with adjacent and Tree preservation Ordi property A neighborhood meeting was held on March 6, 1996. One neighbor attended, who was in favor of the proposed request. Page 2 V. r 3 f Y f 4penda NO Apenda Item as RECOMMENDATION - Planning and Zoning Commission recommends approval Specific Use Permit for a parking lot for the Sullivan-Keller Early Development Center for Lots 1-4, Block 4, College View Addition. ALTERNATIVES 1. Recommend approval as presented. 2. Recommend approval with conditions. 3. Recommend denia'~. 4. Postpone consideration. ATTACHMENTS 1. Location map. 2. Specific Use Permit site plan. Page 3 j17 da mod i VAT J ~--------i r~ - Date , fit+ o eia LYE] - - tc - 709 ~Sr , • 3 fit4 701 + ro4 f . 030 0 lot ~atA eta i z U613 j ■ sip $is 11 sit r~ ■ M~ ■ ata ■ g - E- 51 -m - 1 SIP $12 3 ' J ` am NSA DAVIS DAVIS 060 127M 411 ! , GL 03 415 a - c r ' -e a 4 A 1 41f , 4W 0 4:3 e 32A 400 WO 325., 326 3is T 320 321 325 323 321. 316 sa ala ai32W, i p------ 314 316 31T U 34T, - 3tj !14 37~ j 2 311 812 - M• 307 314 309 1013 - ell - 304 M 5 :cu,us I LEGAL DESCRIPTION LOTS 1,2,3. 1 4, BLOCK IIrI` COLLEGE VIEW ADDITION Yl.. MK4 YC! Ou[YI Y.,!! 1 5 FEET YARD = :9,9Tt t' PROTECTED TREE IEIjTING1 i.wl.lM .1•d lr, ' i,, , ' I - '#"m HACKBERR'( TREE REGiUIREMENTS °F'iJ 12 - = -:i=5TING TREE CREDIT 2 ..~J4E nr,l.r , _ , ; 1:~;~` REOU3RED NEW TREES 10 `0, I' t.REA OF LANDSCAPING P,=_uUiRED y • i i j'r ~i O; 2090 X 29,4Ilim = C 994m y o. ! AREA OF LANDSCAPING PROVIDED x I5F-7 O[ 10.026 II _ _ " D REGULAR SPACES = 55 y I? - - [ HANDICAPPED 5PArE5 = 2 to a ! 3 TOTAL - 51 ( Syr O! Or SCRFENNG: C HIGH WOOD FENCE ON 0.1EEST PROPERT LINE OF PHASE ONE. :onlMO s~-~ ~ ~ ^I C+; L' HIGH WOOD FENCE ON Il!EST 1 NORTH i II Q©~! PPOPERTT LINE DURIN,~s PHASE TWO. I+ P ,V~ PARKING LOT LANDSCAPING ti 19.9151b (PARKING LOT ::REr, 1 9Rl~L E' 4 ilo II p AREA PROVIDED = I815t ;VVJ I .~~•C '~e:L` r~~["Sd' ~ ' I~! ^=:e .F~eT'"-~ -_r..._Yi 0 r0[0.0[0 •c' :,,y I I J LANDSCAPE 7C^F+-EC~UL ~ L u ' ~~IYnl•Y'•o (1 MARK DESCR~Fti.^,N S'."E GL'AN - - E -i T. ,.uii ..~•rY c SUlEET 6UM _ .'CV Iv D i ALrON H✓LLT GAL t--5- uaL, F CLCIFRA :,AL it = .-•Mhf: N.3 L07 L- "L17 BEPm r - 2-96-006 - ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A PARKING LOT FOR THE SULLIVAN-KELLER EARLY DEVELOPMENT CENTER, LOCATED ON THE NORTHWEST CORNER OF DAVIS AND WOOD STREETS, AND CURRENTLY ZONED UNDER THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Independent School District initiated a request for a Specific Use Permit for a parking lot for the Sullivan-Keller Early Development Center on Lots 1-4, Block 4, College View Addition, which is currently zoned under the Single Family 7 zoning district and use designation; and WHEREAS, on March 13, 1996, the Planning and Zoning commission recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; and WHEREAS, in accordance with Article III, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor sigi:ificantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and ' improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; D. 5 Agenda No. Agenda Rom Dare 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That specific use permit S-207 for a parking lot for the Sullivan-Keller Early Development Center is granted to DISD for Lots 1-4, Block 4, College View Addition, as per the site plan attached hereto, approved and incorporated herein as Exhibit A. SECTION II. 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 III That this ordinance shall fourteen(14)days from thedateofitspassage, andethecCity Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. 1996PASSED AND APPROVED this the day of . , BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 2 I 9. S L - A E 4ptndMl- APPROVED ~tpenda Date AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 /G. ! a.:FIFC LEGAL L`CSCRIFTIC`~J - - + LOT5 1.23. 1 A. E, L0, 4. D COLLEGE IEUi AD.:.;ITION I w...u wo .,•u ovYO ....r > ~ ;TPEET 1 AF'D = :9.(t71t I 1 ':~~r r•POTECTED '!FEE rE. ",Tlyd:r 14'd HACKBERF,t TREE RF-0VPEMEN7S~ O ~TCNEa •xE• ' EXISTING TP=E CREDIT = 'UTURE BOND "'S"E %i///'/%/i w REQUIRED NEW TREES = 10 O• AQEA OF LANDSCAPING REOLUIP.=C o j/I //,!%ii%/%/' • ! 20% -1 29,971>7 59941 p O, AREA OF LANDSCAPING PROVIDED c 1 p PARKING: Z e' REGULAR 5PACE5 _ 55 I , 1 p HANDICAPPED 5F'ACE5 - 2 TOTAL = 51 I E ►zCMt.'~' C„ II / SCREENING: p, G' HIGH WOOD 1 ENGE ON WEST i'r Cor-E_h- :c~l~o o LINE OF PHASE ONE. e ° 211 O, L' HIGH WOOD FENCE ON WEST I r;GPTE r •~8 I I ~O` PROPERTY LINE DURING PHASE T Wes' II AJ~ F'-ARKING LOT L'sNDSCAPING c 5'b X 19,945m f=AP4;ING LOT APc4~ • - 99~d X i AP,EA PROVIDED = 1815 OC' LAND , E 5. O G O Q O `l l F'•-••I.n1 Y:. •--c!"c r `YI - •_G ~_-_O > a' 1 . ' i.. k if ra , MARK DE'.. F,iFTIC'S S'iE LU ti - 1 3 -t- a-----c- • 6 - A BALD =1 RFSg :'6 - Y. _..~...~~1 _ _ - ~T O d 5YIUI'IiF7 C.1t 6 :LEirRA ti - RK,IN.~ LCT LL1 CUT eEF~JL A SCALE t u, - C- .r 1' P&Z Minutes ATTACRriENT 3 Ma rch 13, 1996 k U U a Ar Page 4 p V. Hold a public hearing and consider a Specific Use Permit for a parking lot f'or the Sullivan- Keller Early Development Ginter. The subject property its in the Single Family 7 (SF-7) zoning district, and consists of Lots I, 2, 3, & 4, Block 4 of the G)llege View Addition, and is located on the northwest corner of Davis and Wood Streets. (Z-96-004) Ms. Russell opened the public hearing. Mr. Reeves: This is a Specific Use Permit for a parking lot across the street from Sullivan- Keller Early Development Center. We mailed out twenty-seven notices. We received two replies before the staff report went out and both of those were in favor, !infortunately one of those we couldn't count because it was not signed by the property owner listed on the tax roll. Since that time we did receive a response that was opposed to this. The map in the backup was incorrect but the big map that you got was the correct one. As you can see there is going to be a lot of landscaping on this parking lot. The analysis in the staff report finds that this is consistent with all of the requirements of our zoning ordinance regarding Specific Use Permits. A neighborhood meeting was held on March 61h and one neighbor attended and was in favor of the request. We are recommending approval. Mr. Moreno: Is a h;. •kberry a protected tree? Mr. Reeves: The ordinance does not distinguish by type of tree but by size. If it is ten inches in caliper then it is a protected tree. Mr. Cochran: What is on this lot now? Mr. Reeves: It is vacant. It is actually four lots and they are all vacant. Ms. Flemming: It is my understanding that with a Specific Use Permit there is a time frame that this use is permitted for. Is that going to be the case with the parking lot? Mr. Reeves: The way the ordinance reads there is a time frame in which you have to do whatever construction it is that you are doing. otherwise the Specific Use Permit expires. Since the school district plans on going out there probably as soon as they can to start construction of their parking lot that won't come into effect. Ms. Russell: Would the petitioner care to speak? Mr. Russell Bates: May name is Russell Bates and my office is at 13DO N. Locust. We are going to do this in two phases. Primarily what we are going to do is to get the cars off of the streets. Right now if you were to go down throug?t Davis and Wood Streets in the morning it is pretty congested. This will be parking for the teachers. There is approxi- mately twenty-seven parking spaces. The total when it is all completed will be about fifty- seven spaces. We created a bus lane on Wood Street when we did the learning center. The intent in the future is on Wood Street in front of the school to create an area for parents to drop off their children. r r P&Z Minutes L r March 13, 1996 'rn6 " Page 5 Date Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? Any rebuttal? We will close the public hearing. Any final remarks? Mr. Powell: 1 go past that school two or three times a day and I can tell you a parking lot is needed. This is a disaster waiting to happen. This is a great idea. Mr. Cochran: I move we recommend approval of this Specific Use Permit for the Sullivan- Keller Early Development Center, Lots 1 through 4, Block 4 of the College View Addition. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) VI. Oakmont Village Retirement Center. The 5.319 acre site is located on the east side of Lillian Miller Pkwy. approximately 500 feet north of Southridge Drive. a. Hoid a public hearing and consider the Specific Use Permit application and site plan for a retirement facility. (Z-96-005) b. Consider an alternate landscape plan. c. Consider the preliminary plat of Lot 1, Block A of the Lillian Miller Addition. Ms. Russell opened the public hearing. Mr. Yost: With your permission I wo,:ld like to cover all three items at once but a separate vote for each will be required. What is on your desk is the correct instrument. This is located on Lillian Miller Parkway and the land is currently vacant. It is currently zoned 2F and MF-I. We are recommending this without conditions. (Presented slides showing a project in Flower Mound that the applicant has built that is similar to what they are proposing here.) This site of course will need to be platted before they can build and tonight we are looking at the preliminary plat. We were going to propose a buffer yard and since the writting of this a bufferyard has been drawn on the plan. What was put on there is also an alternative landscape plan. They are proposing a twenty foot wide buffer with trees. Those trees will need to be irrigated. If the SUP is approved then the building will have to go where it is shown on the plan. There is a thirty-six inch culvert underground proposed. Mr. Salmon: Trendmaker built a large inlet structure at the back of the lots to catch water from the adjacent property before it got to their property. This applicant will be required to connect the system from Lillian Miller to this inlet system. Mr. Yost: This is inconsistent with the plan in the area of allocated intensity. They are requesting 54 units. There were ten notices mailed out and we have received to replies in /3 r 4 F Agenda No. `ll9 - Ott- Agenda Item to oats f - Cl DATE: 110"1& !90 (0av CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Hold a public hearing and consider an ordinance amending Ordinance 94.037 for 11.92 acres to increase the permitted density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2 1/2 stories to 3 stories. The subject property is in the Multi-Family 1 Conditioned (MF- 1[c]) zoning district and is located on the southeast corner of Bernard and Collins Streets. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request, three in favor, two opposed (3-2). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Respectfully submitted: -6 Rick Svehla Acting City Manager t r r 1 Prepared by: A A after E. Reeves, J . Urban Planner Approved: i ( e rank Robbins, AICP Director Planning and Development Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment #3: Draft minutes of the February 28, 1996, P & Z meeting. J ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORTy To: Denton City Council From: Denton Planning and Zoning Commission Date: March 19, 1996 Subject: Z-96-002 GENE-_ _ A INFORMATION Applicant: Mr. illiam Dahlstrom 4000 Fountain Place, 1445 Ross Avenue Dallas, Texas 76202-2790 Owner: Mr. Craig Irwin 701 S. Carroll, Suite B Denton, Texas 76201 Action: Amend Ordinance 94-037 for 11.92 acres to increase the density from twelve (12) units per acre to sixteen (16) units per acre, and to increase the maximum allowed building height from 2 1/2 stories to 3 stories. Location: The subject property is located on the southeast corner of Bernard and Collins Streets. (See Attachment 1) Surrounding Zoning and Land Use: North: Multi-Family 1 (MF-1), Mesquite Ridge Townhomes. South: Single Family 7, Residential use and vacant land. East: Single Family 7, Residential use and vacant land. West: Residential uses, MF-1 and SF-7 zoning. I Denton Development Plan: Low Intensity Area #118 (202% aliocated). SPECIAL INFORMATION The subject property will also need to be platted. Major issues involving road improvements, drainage, and utilities will be addressed during the platting process. BACKGROUND 1969 Area is placed in the Single Family 7 (SF-7) zoning district and use classification by Ordinance 69-01 which adopted the Comprehensive Zoning Ordinance and Map for the City of Denton, March 1985 The southern 4.427 acres is rezoned to PD-94 by Ordinance 85-61, for a fifty-four (54) Page 1 .3. r unit multi-family development. This 4.427 acres is subsequently platted as the Sun Country Addition December 18, 1986. April 16, 1991. The northern 7.494 acres is rezoned to PD-140 by Ordinance 91-058 for an eighty- eight (88) unit multi-family development. March 22, 1994 The total 11.921 acres is rezoned from PD-94 and PD-140 to Multi-Family 1 Conditioned (MF-1(c)) by Ordinance 94-037. There is an extensive list of conditions associated with the rezoning (see Attachment 2). This proposal involves amending ordinance 94.037 to increase the density from 11.91 dwelling units per acre to 16 dwelling units per acre, and to increase the maximum allowed building height to three stories. NOTICE One hundred and thirty-two (132) notices were mailed on February 16, 1995. As of the time of preparation of this report, two replies had been received in favor of the request, thirty (30) replies have been received in opposition (25 from inside Mesquite Ridge, and 5 outside Mesquite Ridge) and nineteen (19) notices have been stamped and returned as undeliverable. ANALYSIS The "normal" analysis follows, however, the issue is not w:.ether this property is suitable for multi-family use (that issue was decided in 1994), but whether an increase in density and building height is appropriate. The table below will provide a summary of the Plan related analysis for this project, 1 Denton Development Plan Policy Analysis Summary Low Intensity Area Z-96-002 Oevelopment Rating YS Poky POLICY COMMENTS %txmu"trx somewhat cWtistav 1,COneiel ail Y+cnuletanl To be consistent with the Plan, a Ordinance 94-037 approved a density of 11,91 development should not exceed its units per acre. The application is to increase allocated Intensity , the density to 15 units per acre. X Allocated intensity . 7151ntensity trips. Current Intensity. 1,136 intensity trips Proposed Intensity . 1,528 intensity trips, Strict site plan control within 1,600 No site plan proposed. Which is consistent feat of existing low density with Ordinarce 94-037. x residential. Page 2 S t F 4~cnC} Yo Traffic design to ensure that Multi- Barnard and Collins are classified as collector Family or Non-Pasidental uses have level streets, Ord, 94.037 limits the northern access to coilectors or larger acreage with frontage along both streets to x arterials with no direct access one drtveway access on each. The puffed through residential streets Sun Country lot will also only be allowed one access Sufficient green space, recreational 94-037 requires a 120' buffer along the facilites and diversity, of parks are eastern property line in which the existing provided. trees and vegetation shall be maintained. The solid landscape screen of at least 6' In height x shall be proveed to the existing SF-7 lots on Bernard. A tree Inventory shall be provided prior to submittal for a building permit to determira the location of protected treas. Input into planning by neighborhood A neighborhood meeting was held on associations and councils is February 20, 1996, Two area residsnls x encouraged, attended Neighborhood service center Not applicable, x concentration Multifamily concentration At 16 units per acre, any proposed development Is considered a multi-family concentration by the Denton Development Plan. Thera are sevaral other multi-family concentrations within 112 mile of this proposed project. The property has drect access to two x collector streets. This policy allows for multi- family concentrations of up to 100 units having direct access to a collector street. The proposed density is 16 dulacre, with a total possibie number of units being 191. Any form of continuous strip Not applicable, commercial development Is strongly discouraged in or near low intensity x areas Location The location has had several previous zoning districts. The northern 7.494 acres was previously PO-140, which had a maximum density of 11.6 du/a. The southern 4.427 acres was in PD-94, with a maximum ders'ty of 12 du/a. Both these properties were in the SF-7 zoning district prior to rezoning to their respective PD's, and now 61F-1(c). Page 3 S- a r` Topography The subject property has major drainage and Iraf is concerns. The northern 7.494 acres has an approved preliminary plat, with an approved reasonable nexus variance for on. site street Improvements granted on the basis or proposed development of 11,91 dura. The proposed increase In density will turther lower the level-df-service at the intersection of Eagle S Bernard, Drainage wit) be addressed through plating. 30, ROW will be required on Bernard and Collins. Perimeter paving required on Collins, 8' water line in Collins 6' water line in Bernard. 6' sewer line in Collins. 8' sewer line in easement across both acreages, Land use in planning area and North is MF-t, Mesquite Ridge surrounding uses. Townhomes. South IS SF-7, Residertlal and vacant. East is SF-7, Residential and vacant West is SF-7, Residential, The two major issues are traffic impacts, and where the proposed three story buildings will be located. Regarding the traffic aspects. The preliminary plat covering the northern 7.494 acres has a reasonable nexus variance associated with off-site intersection improvements required by our subdivision regulations at Eagle and Bernard (see Attachment 3). To summarize, staff analysis of the traffic generated out of a proposed 88 unit multi-family development indicated that this intersection would have fallen below level-of-servi,e C standards. The solution put forward by the applicant's engineer, at that time, was a right turn lane created within the existiig curbs with some signage, restriping, and removal of parking on Bernard Street near he intersection, t The estimated traffic impact was 525 additional vehicle trips per day at this intersection. A rough cost estimate for this improvement was $3,000, The variance was granted. A rough analysis of the proposed project yields the following traffic numbers (based on trip generation information in ITE Trip Generation, for Apartments-Post 1973, see Attachment 4,5,6). Weekday trip generation range: Low: 191 units X 2.00 trips/unit = 382 trips generated. Average: 191 units X 6.28 trips/unit = 1,200 trips generated. Nigh: 191 units X 11.81 trips/unit = 2,255 trips generated. Page 4 r a %cndl N3 l;aa.a :tzm. Saturday trip generation range: _ 11 Low: 191 units X 3.55 trips/unit = 678 trips generated. Average: 191 units X 5.43 trips/unit = 1,037 trips generated. High: 191 units X 6.39 trips/unit = 1,220 trips generated. Sunday trip generation range: Low: 191 units X 3.21 trips/unit = 613 trips generated. Average: 191 units X 4.36 trips/unit = 833 trips generated. High: 191 units X 5.11 trips/unit = 976 trips generated. Current allowed trip generation range at 12 dwelling units per acre. Weekday trip generation range: Low: 142 units X 2.00 trips/unit = 284 trips generated. Average: 142 units X 6.28 trips/unit = 892 trips generated. High: 142 units X 11.81 trips/unit = 1,562 trips generated. Saturday trip generation range: Low: 142 units X 3.55 trips/unit = 504 trips generated. Average: 142 units X 5.43 trips/unit = 771 trips generated. High: 142 units X 6.39 trips/unit = 907 trips ge:erated. Sunday trip generation range: Low: 142 units X 3.21 trips/unit = 456 trips generated. Average: 142 units X 4.36 trips/unit = 619 trips generated. High: 142 units X 5.11 trips/unit = 726 trips generated. Additionally, Attachment 7 is a short traffic analysis performed by the applicants. The proposed increase in density will add additional traffic to both Bernard and Collins Streets, the exact impact has not been determined. I RECOMMENDATION Planning and Zoning Commission recommends approval of this request. ALTERNATIVES 1. Recommend approval without conditions. 2. Recommend approval with additional/other conditions, 3. Recommend denial. 4. Postpone consideration. ATTACHMENTS 1. Zoning exhibit. 2. Ordinance 94-037. 3. 1994 variance staff report. 4. ITE Weekday Trip Generation. Page 5 7 T b f r' 0.,end~ No ~ A,end: ire all 5. ITE Saturday Trip Generation. 6. ITE Sunday Trip Generation. 7. Applicant's traffic analysis. Page 6 k. ® '1 RM all a in m IN POINUR _ w r. o a Fir r 744 COLUG a- IM~ ~ r ryM ~ ~ 11M T. - or ' '1KAlk JIM+MP R s _ oorto~ it , 114 Ira F"^ INNIS— T~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 140 AND PLANNED DEVELOPMENT NO. 94 TO MULTIPLE-FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-1-C) FOR 11.92 ACRES OF LAND PROVIDING FOR A IN THE IMM LOCATED ON THE SOUTREAST CORNER OF BERNARD AND COLLINS STREETS; VIOLATIONS THEREOF; ANDTPROVIDING FOR AN EFFECTI E DATE.2'000 FOR WHEREAS, Dale Irwin has applied for a change 7.494 and 4.427 acres of land from Planned Developin zo for ment nNo. 140 (PD-140) and Planned Development No. 9: (PD-94), respectively, to Multiple-Family - 1 with conditions (MF-1-c) zoning district classification and use designation; and WHEREAS, on February 23, 1994, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the zoning district classification and use designation of 11.92 acres of land, 7.494 acres being described in PD-140 (Ordinance No. 91-058) and 4,427 acres being described in PO-94 (Ordinance No. 85-61) respectively, is changed from Planned Development to Multiple-Family - 1 with conditions (MF-1-c) zoning k district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. the shae subect to folIowin~q ditio sh purs uant itorDivision 15 bof A tic a III tof Chapter 35 of the Code of Ordinances: 1. The maximum allowed number of units on the total 11.92 acres shall be 142. Should the two properties remain separate and be developed separately, the maximum allowed number of units on the 7.494 acre tract shall be 88 and the maximum allowed number of units on the 4.4275 acre tract shall be 54. 2. Setbacks shall be as follows: Front yard (Collins/Bernard Streets) - 25 feet Side yard (interior) - 10 feet Side yard (adjacent to single family residential fronting Bernard) - 15 feet /0 . I 'r 11 Rear yard - 10' except that on the 7.494 acre tract a minimum of 120' shall be maintained along the east property line for drainage purposes. The easternmost 60' of this setback may be utilized for passive recreational uses to include but not limited to jogging trails, picnic facilities and similar non- active recreational facilities. The remaining 60' of the setback may be utilized for passive or active recreational uses. Active recreational uses include, but are not limited to, volleyball, tennis, hand ball, and swimming pool facili- ties. 3. The regulations of the Denton Landscape Code relating to landscaping, screening and tree preservation shall be met. The existing trees and vegetation in the required 120' setback along the east property shall be maintained as buffering. Solid landscape screening of at least 6' in height shall be provided to the existing SF-7 lots on Bernard Street. A tree inventory shall be provided prior to submittal for a building permit to determine the location of protected trees. 4. No parking spaces shall be allowed adjacent to Bernard Street. No head-in parking spaces shall be allowed adjacent to Collins Street. 5. The maximum height of any proposed building shall not exceed 2 1/2 stories; however any buildings fronting on Bernard Street may not exceed 1 1/2 stories in height. 6. A minimum 20% of the site shall be used for open space or recreational uses. 7. The interior circulation on the 7.494 acre site shall be designed to encourage equal usage of both proposed driveways. The circulation layout shall be designed sim-'lar to the conceptual circulation plan identified as Exhibit "A" and attached hereto and made a part thereof for all purposes. 8. should the two properties be developed separately, a reciprocal access easement shall be. granted allowing access from the 4.4275 acre tract across the 7.494 acre tract. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective four- ~een (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be PAGE 2 l/ 4 y 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 theo2ZAd day of 1994. BOB CASTLEBERRY, NAY R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:~ a c ?.G F r _ 1SrnC, r) Collins/Bernard EXHIBIT A RTH . l Gt GEf~fIU~L 41W4ULATlOW PLAN Conceptual Circulation Plan I Date: 2 M94 Scale: None /3, , ~„^nCa Iten i Delr_~~ CITY of DENTON, TEXAS MUNICIPAL 81111 DING • 7 5 E MCKINNEY • OENTON. TEXAS 7620 MEMORWDLrK 1817) 566.8200 • OFW METRO 434.757 DATES November 30, 1994 TOi Planning and ionin9 Commission FROM3 David Salmon, Senior Civil Engineer SUBJECTt Varian:* to offsite traffic improvements for 'The other Place Addition' Dale Irwin, owner and developer of 'The Other Place Addition' has applied for a variance from offsite traffic improvements associated with his development of 88 apartment units at the southeast corner of Collins and Bernard streets. The applicable ordinance reads as follows (Artlele 34-111, Section 4, Paragraph (a) 'All developments shall provide for those streets, including new streets, th• Larovemene yav arhLeh area esurv [o orovLde ada carry the trafllc [e lull develoDeen~ 11 till 11:1111! 1 ill! I!: ill ill 11 Adaguate eapacity• shall s-- -level of service C, as defined by the latest edition of the Highway capacity manual, as published by the Transportation Research Board of the National Research Council., This section of the ordinance allows the City to require improvements on existing surrounding streets In proportion to the traffic generated by development so that a level of service C or better can be maintained. In this case, the proposed development is less than 1,000 feet from the intersection of Eagle Drive and Bernard Street. Based on traffic volumes at this intersection and the number of accidents, this intersection is functioning at a level of service below level C. Due to the close proximity of this intersection to the development, staff feels that the cited section of the ordinance applies. The proposed development of 88 apartment units should do it's proportionate share to keep this intersection from becoming even more congested. (Not correct existing problems) The ordinance language is purposely vague so that it will apply to all types of developments. ror example, staff feels that for 88 units, 3n intersection lose than 1,000 feet away is in close proximity. Rowever, the intersection of Eagle and Carroll which is approximately 2,400 feet away is not. If this were a SOO unit development, the Impact on the intersection of Carroll and Eagle could be significant and so it might be considered In close proximity. Most ordinances do require staff interpretation. That is why the concept of reasonable nexus exists. Staff would not be able to require improvements half way across town for an 88 unit apartment complex based on reasonable nexus even though a literal interpretation of the ordinance language may indicate that they could. Again, the cited section of the ordinance does apply to the subject development. AEE00479 Dedii ured rv Quglrn' Sen r;; " Planning The Other and toning *The oa'c_ is 11 _~•(p.__. Other Place Addition- page 2 As the ordinance does apply in this case, is the requirement in proportion with the sire and type of development? This type of variance is different from the type of variance that you normally see. Instead of 3 criteria that must apply. The commission must apply the following (Article 34-6, Paragraph (b). II' (b) Criteria for variances from development exactions. Where the commission finds that the LoWeition of any developmnt exaction pursuant to these regulations s~ceeds env reasonable benefit to tM nraa-riY owner or le 111o exceseivs ae So constitute confiscation o[ the tract to be platted, it nay recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by City Council. The requirement may not exceed any reasonable benefit to the property owner. This does not necessarily mean a perceived or direct monetary benefit but a benefit that will help the development to [unction properly and provide an expected quality of life for the residents. Because staff feels that the confscation the equirement Is [proportional to the development, it could hardly be considered a r property. In this case, the applicant is being required to make some capacity improvements at the intersection of iagle Drive and Bernard street (less than 3000 feet from the development). Staff has previously suggested a right turn lane as an appropriate solution. The applicants engineer fools that a rLght turn lane say be able to be created within the exletinq curbs with soar signage, restriping and removal of parking on Bernard street near the intersection. If this option is viable, it would cost the spplLcant less than $3,000. Staff feels this is a fair amount. A rough traffic analysis indicates that this development will most likely add approximately S25 vehicle trips per day to this intersection. This translates into S3 vehicle tripe in a peak hour. This is a significant affect on an intersection especially when it is already over capacity. Staff feels it is not reasonable or fair to allow a sizeable development into an already congested area without requiring at least enough improvements to offset it's effects on the surrounding infrastructure. Staff recommends denial of the variance because the requirement does benefit the development and it is not of a magnitude that would be considered a taking of the property. David Salmon AZ100179 _S , IwIM1/~ IiM1 t ~ © ❑~Q17 ~ a~~~ r. HacOnr ~~~®U®~® oac M• WN ® oo, ~ ~ Ada ~ o~ C© aC~QQ ®a E D; I N f c VICINITY MAP SCALE f":ISGO~ %C . r i Apartment, Post-1 973':,`~" (220) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday I Number of Studies: 33 Average Number of Dwelling Units: 271 Directional Distribution: 50% entering, 50% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 6.28 2.00-11.81 2.81 Data Plot and Equation r,ooo spoo 1 w I a 4.000- St ~ k L x > 0 3.000. ~ x.` p c , Q ~ x 2,000 , x x x X x 1.000. x o 0 100 290 300 400 500 600 700 800 900 1000 X = Number of Dwelling Units Aduei Doti Dolnta F@ted Curve AveregeRate Flttsd Curve Equatlon: Ln(T) = 1.024 Ln(X) + 1.710 R2 = 0.92 Trip Generation, January 1991 320 Institute of Transportation Engineers ~ 7, 1~rnda>:n A •n.3 It'n, vmawew A Apartment, Post-1973 (220) - Average Vehicle Trip Ends vs: Dwelling Units On a: Saturday Number of Studies: 3 Average Number of Dwelling Units: 220 Directional Distribution: 50% entering, 50% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 5.43 3.55-6.39 2.58 Data Plot and Equation 2SOO - 2.400 / 2.300 / x 2.200 . . 2.100 2.000- V 1,900 W 1,800. a c 1.700: . y.. 0 1,600 . L 1,500. 0 1.400. ' 1.300. ; I m 1.200, Q 1.100. tl 1.000 _ 900 Boo - 700 600 _ Soo- 400 - - - - 100 200 300 400 X = Number of Dwetling Units Actual OetU Pointe Flood Curve . • • • • Avenge Rate Fitted Curve Equation: T = 7.462(X) - 219.248 F12 = 1.00 Trr ^n Ja^ua^ 1001 325 Institute of Transportation Engineers a ATrAicamertir 6 Apartment Post-1973 {220} Average Vehicle Trip Ends vs: Dwelling Units On a: Sunday Number of Studies: 3 Average Number of Dwelling Units: 220 Directional Distribution: 50% entering, 50% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 4.36 3.21 -5.11 2.24 Data Plot and Equation 2,100 2.000 1.900 1.800 1 x_ 1,700, 0 1.600 f LU 1,500: F 1'400 ! 1.300. m 11,200. 1.100' 1,000 a / Q 900 i / n eo0 700- 600 $00 _ 400- 100 _ _ 200 300 400 X = Number of Dwelling Units w. Actual Data Points Fated Curve Average Am Fitted Curve Equation: T = 5.915(X) - 77.409 R2 = 1.00 T^^ C ^e aFo^ JanuaN 1991 327 ` tnst Lute of Transportation Engineers i r. 4A AnAcomewr TABLE I - THE GENERATION CHARACTERISTI S(aoc~_ f~f THE ARBORS OF DENTON - 3_ f_-_ W- Site Proposed Existing Characteristics Zoning Zoning Diffcreace Apartment Units 180 135 45 Trips per Day 1424 1060 364 Peak Hour Trips 110 84 26 TABLE 11- TRIP ANALYSIS RESULTS THE ARBORS OF DENTON Streets-s Bernard Coffins Street Proposed Existing Difference Pr Characteristics` Zoning Zoning ExM@g Difhreace Zoning Zoning Existing Volumes 3300 vpd 3300 vpd p 650 vpd 650 vpd p Fully Developed 4368 vpd 4075 vpd 273 v Volumes pd 1006 vpd 915 vpd 91 vpd Capacity 8500 vpd 8500 vN 0 7500 vpd 7500rpd p Volume/Capacity 0.51 0.48 0,03 0.13 0.13 0.01 P:'REAU2723.9 TABLE 'A PD ' I RBB rj 2/28'96 t G Z-96-002 ATTACHMENT 2 %ene2 P:o .y 3.LLl- -A.!nda e'en ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 94-037A TO INCREASE THE DENSITY FROM TWELVE (12) UNITS PER ACRE TO SIXTEEN (16) UNITS PER ACRE, AND TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 2% STORIES TO 3 STORIES, FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. William Dahlstrom, on behalf of Mr. Craig Irwin, initiated an amendment to Ordinance 94-037A to increase the density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2% stories to 3 stories for 11.92 acres located on the south- east corner of Bernard and Collins Streets; and WHEREAS, on February 28, 1996, the Planning and Zoning Commis- sion recommended approval of the amendment to Ordinance 94-037A; and WHEREAS, the City Council finds that this amendment to Ordi- nance 94-037A will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance 94-037A is amended with respect to the following particulars; all provisions not herein amended shall remain in full force and effect: Condition 1. The maximum allowed density is sixteen (16) dwelling units per acre. Condition 5. The maximum height of any propo.Qed building shall not exceed 3 stories, however any build- ings fronting on Bernard Street may not exceed 1% stories in height. SECTION II. That a copy of this ordinance shall be attached to all copies of ordinance 94-037A, showing the changes herein made. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. c spend Na o~~0 LA-Tenda Item SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 QkU . L J-'1wPd0c8\0rd\irw1n-1.0rd ^y' Ca 11'r~~~_ L-` care y~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 140 AND PLANNED DEVELOPMENT NO. 94 TO MULTIPLE-FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-1-C) FOR 11.92 ACRES OF LAND PROVIDING FOR A PENAY IN THE I" LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; VIOLATIONS THEREOF; AND PRO PROVIDING FOR AN EFFECTIVE DATE.2'000 FOR WHEREAS, Dale Irwin has applied for a change in zoning for 7.494 and 4.427 acres of land from Planned Development No. 140 (PD-140) and Planned Development No. 94 (PD-94), respectively, to Multiple-Family - 1 with conditions (MF-1-c) zoning district classification and use designation; and WHEREAS, on February 23, 1994, the Planning and Zoning Commission recommended approval of the requested change in zoning; and be incompliancthe City Council finds that the chane in will e with he Denton Development Plan; NOW,zTHEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: A&QTZOLI. That the zoning district classification and use designation of 11.92 acres of land, 7.494 zcres being described in PO-140 (Ordinance No. 91-058) and 4.427 acres being described in Development to PD-94 (Ordinance Multiple-61) respectively, is changed from Planned district classification and use designation under the M comprehensive zoning ordinance of the city of Denton, Texas. SECTION Tr followin- q o ado Shat the district shall be subject to the Chapter 35 of the Code pursuant Ordinances: 5 of Article III of 1. The maximum allowed number of units on the total 11.92 acres shall be 142. Should the two properties remain separate and be developed separately, the maximum allowed number of units on the 7.494 acre tract shall be 88 and the maximum allowed number of units on the 4.4275 acre tract shall be 54. 2. Setbacks shall be as follows: Front yard (Collins/Bernard Streets) - 25 feet Side yard (interior) - 30 feet BSide erna rdard 15dfeetnt to single family residential fronting ~ 3, Rear yard - 10, except that on the 7.494 acre tract a minimum of 1201 shall be maintained along the east property line for drainage purposes. The easternmost 60' of this setback may be utilized for passive recreational uses to include but not limited to jogging trails, picnic facilities and similar non- active recreational facilities. The remaining 60' of the setback may be utilized for passive or active recreational uses. Active recreational uses include, but are not limited to, volleyball, tennis, hand ball, and swimming pool facili- ties. 3. The regulations of the Denton Landscape Code relating to landscaping, screening and tree preservation shall be met. The existing trees and vegetation in the required 120' setback along the east property shall be maintained as buffering. Solid landscape screening of at least 6' in height shall be provided to the existir.. qF-7 lots on Bernard Street. A tree inventory shall he provided prior to submittal for a building permit to determine the location of protected trees. 4. No parking spaces shall be allowed adjacent to Bernard Street. No head-in parking spaces shall be allowed adjacent to Collins Street. 5. The maximum height of any proposed building shall not exceed 2 1/2 stories, however any buildings fronting on Bernard Street may not exceed 1 1/2 stories in height. 6. A minimum 20% of the site shall be used for open space or recreational uses. 7. The interior circulation on the 7.494 acre site shall be designed to encourage equal usage of both proposed driveways. The circulation layout shall be designed similar to the conceptual circulation plan identified as Exhibit "A" and attached hereto and made a part thereof for all purposes. 8. Should the two properties be developed separately, a reciprocal access easement shall be granted allowing access from the 4.4275 acre tract across the 7.494 acre tract. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECT~Iy. That any person violating any provision of this ordinance shall, upon conviction, be'fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. TLat this ordinance shall become effective four-from the isehereby directed to caudate of the i caption passage, , thand is the city ordinance Secretary PAGE 2 I T. i F ,t;enda 1e m 16 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. J PASSED AND APPROVED this the02 A day of 1994. BOB CASTLEBERRY, MAY R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: c- PAGE 3 as- RgenCa M A genda Ilern~T Collins/Bernard EXHIBIT A ~1V1~1-- , i G441GFp'fI.U~L GIIZGI]LA7101J I°t-A N Conceptual Circulation Plan Dates 2/17/94 Scales None P&Z Minutes ATTACHMENT 3 ApenCauoL~ei~_~1,.~ February 28, 1996 n - Page 2 IT. Hold a public hearing and consider an amendment to Ordinance 94-037, for 11.92 acres, to increase the permitted density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2 'h stories to 3 stories. The subject property is in the Multi-Family 1 Conditioned (MF-1(c)) zoning district and is located on the southeast corner of Bernard and Collins Streets. Ms. Russell read the rules of procedure for the public hearing and opened the public hearing. Mr, Reeves: This is an amendment to ordinance 94-037 to increase the allowed density from twelve to sixteen dwelling units an acre and to increase the maximum building height to three stories. We sent out a hundred and thirty-two notices. As of this afternoon we had two returned in favor, twenty-two in opposition, and nineteen that were returned as undeliverable. That is misleading a little bit because approximately ninety-five of those notices went to the Mesquite Ridge Town homes which are directly to the north of the property. Four of the notices that were in opposition were outside of Mesquite Ridge. All of the others that were opposed were from Mesquite Ridge. As you look through the notices you will see that it was apparent from the responses that they did not understand the nature of the request. The issues that were raised in the responses involved drainage, parking, and to a certain degree some of the traffic impacts. As far as drainage goes it is a platting issue and not a zoning issue and the applicants will address that when they come in to plat their property. Parking is a building permit function, not a zoning issue, and is based on whatever their unit mix is that will determine how many parking spaces they have to provide. Traffic is an issue that is related to this particular case. There will be traffic impacts associated with this as there would be in any case where vacant property is developed. Collins Street is on the Capital Improvements Program scheduled for 1998 and as the bond issue passed that is one of those that will be funded. Additionally when the owners of the property come in to plat it they will be required to build that half of the street or give the city the money in lieu of dung that. There will at least be some improvements on Collins Street before the Capital Improvements Project comes along, provided they start building the buildings before then and that has been their stated intention to be open and ready to rent by August of 1997. Staff recommends approval of the request. In regards to the three story request, in your backup is a copy of the existing ordinance, 94-037, and number 5 says that the maximum height of any proposed building will not exceed two and a half stories, however, any buildings fronting on Bernard Street may not exceed one and a half stories in height. That particular portion of the condition would remain but the first part pertaining to the maximum height of any building would be allowed to go to three stories. That is what they are asking for. The Bernard frontages would remain at one and a half stories. You could attach any additional conditions that you feel necessary. One of those might be where exactly those three story buildings can be located. Mr. Cochran: On page 5 you have two sets of charts, is the one hundred and ninety-one units for the sixteen dwelling units per acre? Mr. Reeves: Yes. For sixteen dwelling units per acre you would get a maximum number of one hundred and ninety-one units. What is below that is for the existing twelve dwelling 7. P&Z Minutes February 28, 1996 Page 3 per acre. Mr. Cochran: What I don't understand is the difference between the low and the high number of generated trips per unit. Can you explain why there is such a large range there? Mr. Reeves: If you look at attachment 4, this is from trip generation, which is prepared by the Institute of Transportation Engineers, and if you look at this page it is for apartments post 1973 and there are a lot of variables associated with it. Where it says "trip generation per dwelling unit" that is the range of rates that based on the studies that they conducted, the various types of apartments that they looked at. They had a range of rates ranging from 2 trips to 11.81 trips per unit with the average being 6.28 with a standard deviation of 2.81. That is why there is a low range of 2 and a high range of 11 and an average of 6.28, bearing in mind that there were a lot of factors associated with it. Mr. Cochran: Why did you not color in the opposition from Mesquite Ridge on your map? Mr. Reeves: This one is rather unusual in that we sent notices to everyone in Mesquite Ridge and there are ninety-five units in there. The property is all held in common except for the units that they own. When figuring out the area in there of what is opposed, the question is do you take 22/95ths of the area that is within two hundred feet or do you say that you have twenty-two responses does that mean they are all opposed, or none of them are opposed? To decide what twenty-two percent of that area would be up there, and especially since I have been getting these for the last three or four days when I finally stopped doing that I still received a couple more after I had finished. The number has been changing and to try to represent it up there 1 thought would be more confusing than helpful. Mr. Cochran: You even sent notices to those that lived in Mesquite Ridge but outside of the two hundred feet because of the common land? Mr. Reeves: That is correct because it is commonly owned. Mr. Moreno: On page 5, staff says that the proposed increase in density will add additional traffic to both Bernard and Collins. Should this be a concern with the Commission, rather than deny the request the Commission might want to consider having the applicant perform a traffic study to determine the impact of their proposed increase. What would that study tell us that your charts here on page 5 and the accompanying attachments what would that study do for us that you haven't already done here? Mr. Reeves: Basically it would identify where that traffic is going and what routes they would be taking. They can have up to three entrances and exits, one on Collins and two on Bernard. It would help identify which exits they are going out of and where they are going once they leave the property. It would identify where that increase in traffic could be expected to be seen. Mr. Moreno: Would that study give us different numbers than what you have given us and who would bear the cost of this study? P&Z Minutes February 28, 1996 Page 4 Mr. Reeves: It would be better than what I have there. It would identify better where the traffic is going and they might be less than what I have there. You could direct staff to do it, or you could ask the applicant to do it. Mr. Powell: 1 don't know how tall a story is and I would like to know. It would seem that everybody would be better served by using the height of the building instead of stories. 1 have been handed something that says the standard height for a story is eleven feet, six inches. Thank you that helps. Mr. Robbins: The building could be taller than that if you use a story as the standard because it could be a function then of roof pitch. Mr. Dale Irwin: My name is Dale Irwin and my office is at 701 S. Carroll. I think a lot of these questions will be answered in the presentation that is going to be given. Our office buildings on Carroll Blvd. are thirty-five feet high, I believe, and I think we call them a two story. A three story will probably not be any higher than thirty-five feet. We bought this land and zoned it in 1991 then we revised the zoning in 1994 to allow for flexibility with the Multi-Family conditioned zoning. Since that time we have been working toward being able to develop the property. We have been talking to a number of different upscale larger apartment developers. We are happy to be associated with First Worthing. First Worthing is a major apartment builder in the state. Mr. Steve Utley will make a presentation. Mr. Steve Utley: My ~hame is Steve Utley and I am with First Worthing Company out of Dallas, Texas. We are looking to develop this property along with Mr. Irwin and his family. We have designed a one hundred and ninety-one unit apartment building that will be primarily of a masonry type building. It will mainly be brick with some stucco highlights. This is going to be heavily landscaped and a gated community. We are trying to make this more along the upscale route but taking the student market in mind. We have a high degree of experience with student properties. We have developed a number of those. We currently have a project in College Station and one at the University of Texas at Dallas. This is a little bit different design and we are trying to take into account the community of Denton and those people that are possible residents. We designed it along a conventional, affordable route and not aiming it at the students. We have one, two, and three bedroom apartments. We have eighty one bedrooms, eighty-six two bedrooms, and twenty-six three bedrooms. They will include washers and dryers, and microwaves. There are a number of issues that have been discussed. The first issue that we tried to address was the traffic. The way that we designed the site we have one entrance and one exit. We are trying to limit the circulation and both will be on Bernard Street. There is access available off of Collins Street but we have not utilized that in this site plan. If the city believes that is necessary then we can design that in here. We are trying to make this more limited in access so we can control what is going on. We have the information center at the corner of Bernard and Collins and that will be the only building that fronts Bernard. It will be a one and a half story building. We have buildings that are a two/three story design. In other words you have two stories on the perimeter of the building and in the middle of the building you have a three story. Our mean height is thiry-six feet and the ridge height of the three story portion is forty-two feet. In the preliminary plat that was provided for this site back in 1994 the Ir.vins had 29. v P&Z Minutes Agenda N J February 28, 1996 Agenda Ite Page 5 Date talked about designing a recreation area that was utilized as a retention pond to detain the water and keep the flow consistent with what it is today. We have designed that and left it in place. That is one of the reasons for our request for three story building height. In order to more clearly discuss these issues with the Commission and the City Council we have had a relationship with Mr. Bill Dahlstrom. We have asked him to be part of our team and to address any technical issues and questions that you might have. Mr. Bill Dahlstrom: My name is Bill Dahlstrom at 4000 Fountain Place in Dallas. I am with a law firm but I am also a planner, I have my AICP. I do represent developers and property owners throughout the state. We have started seeing more upscale apartments and more amenities and s:rvices for the users of these apartments. First Worthing was at the forefront of that and they do quality work. We are asking for an increase in the dwelling density from twelve units to sixteen and this is consistent with the neighborhood. Mesquite Ridge is at a density of 14.8 units per acre. We feel that our density is consistent with that. We are asking for an increase because we are trying to provide amenities and we are setting aside land for the retention pond. We are looking at approximately three hundred bedrooms total. As far as the traffic goes, Collins is currently operating at twelve percent of its design capacity and Bernard is currently operating at forty percent of its design capacity. If you do a comparison between the twelve units and sixteen units per acre you would we that the actual increase in the number of vehicles is nominal. The increase in the volume to capacity ratio would be three percent as a result of this development on Bernard Street and a one percent increase in the volume to capacity ratio on Collins Street. The actual trip generation is nominal. Collins Street will be addressed by the bond package and the portion adjacent to this development by us. Drainage will be also be addressed and it will be reviewed during the platting process. We will comply with city codes concerning parking requirements. We are looking at the opportunity for a high quality apartment complex. First Worthing has done a development in the City of Richardson. I live near this complex and drive by it five or six times a week. It is a very good looking complex. There are plenty of recreational amenities with this complex. I think that it is an asset to my community. I think it is a very excellent product. It is consistent with what First Worthing does. Mr. Cochran: The figure that you mentioned about the increase in trips per hour, what was that figure again? Mr. Dahlstrom: As i result of the increase of three hundred and sixty-four trips over the entire twenty-four hour period, At the peak hour we are looking at an additional twenty-six trips per hour. Ms. Russell: How many of the buildings will be three stories? Mr. Dahlstrom: The three story buildings will be in the interior and towards the back of the property. There will be approximately five buildings. Mr. Powell: How many more bedrooms will be in this configuration as opposed to what is there now? l~C . J P&Z Minutes February 28, 1996 r,~.,wy Page 6 r, t 1 Mr. Irwin: I don't think that there is a limitation to the number of bedrooms would . developer that we were looking at was going to put in all four bedroo One m units and it have been five hundred and sixty eight. There is no way that your question can be answered th the hundred and forty-two units we could theoretically build those abeca a if eedroed wiunits. Mr. Cochran: Now many bedrooms in this project? Mr. Irwin: Three hundred and forty-six bedrooms. Ms. there Ppossiitionlto the petition?ne to speak in favor of the petition? Is there anyone to speak in Mr. Charles W. Smith: My name is Charles W. Smith at 1812 Concord. I am a property owner in Mesquite Ridge at 602 and 604 Collins Street. Many of us did not receive notice of the neighborhood meeting prior to its occurrence therefore we were not able to attend. Our board of directors met this past Saturday and some of our residents voiced concern about the density increase. Our initial reaction was more of concern than opposition principally in the area of increased traffic flow. One of our primary concerns is drainage which is currently a problem for that neighborhood. I have been able to meet with Mr. Robbins, Mr. Reeves, and members of the city engineering staff and have received reassurances that plans are in the process of being put in place that should in time address these concerns. The developers have told you about some contingency plans that are a part of their project which should at least bring the situation to a point that it is no worse than it is today. In my opinion it is not acceptable today. We have had flooding on numerous occasions in this development, put these gentleman are not a party to that problem. 1 can only encourage the city to move forward on this project as quickly as possible. As president of the Board of the Directors of Mesquite Ridge I was asked to present our concerns and opinions to the Commission. There were approximately twenty homeowners. Our initial opposition was more a result of ignorance than it was to development of the property. That property as it stands today is more of an eyesore and a liability from the standpoint of security. Any high quality development will be a net benefit to the whole neighborhood. I don't think that you will reach the twenty percent opposition. We have met with the developers and they have made every effort to answer our questions. Many of these opposition letters would not have been submitted had we had this opportunity prior to this meeting today. Mr. Cochran: Are you speaking for the board or as a landowner? Mr. Smith: I am speaking as a representative of the board who has been in casual contact with the homeowners. Mr. Cochran: The board is responsible for the communal land? Are all of the addresses in Mesquite Ridge listed on Collins Street? Mr. Smith: That's correct, the property in common. Yes, it goes from 600 to 800 on Collins Street. ,31. Y P&Z Minutes February 29, 1996 Page 7 Ms. Russell: We are very aware of drainage and I am very confident that city staff will do any problem in that area and that it will develop so that there will not be a drainage problem. Is there anyone to speak in opposition? The petitioner may have five minutes to speak in rebuttal. Mr. Dahlstrom: I would like to thank Mr. Smith for meeting with us and the time that they put in. I guess it was a breakdown in communication, lack of communication, that they didn't understand the entire project. We did get a copy of the memo that was sent to the Mesquite Ridge homeowners and residents and several of the issues are issues that have been addressed, such as drainage, population density and parking, traffic, and the encroachment and aesthetics. You are getting an extremely high quality development here. Ms. Russell: We will close the public hearing. Does staff have any remarks? Mr. Reeves: The existing ordinance will require an entrance on Collins Street and in fact staff would like to see an entrance there. After the C1P project is completed Collins Street will be a minimum of forty-one feet wide and it will be a better street than Bernard is. Staff would like to see an entrance on Collins and the ordinance requires one there. Realizing that the applicants have created a site plan in response to some of the concerns of the residents of Mesquite Ridge, the fact of the matter is that can't be changed and staff would actually prefer it that way. Ms. Russell: Are you telling me that is the way it is, or that we need to make that as a condition? Mr. Reeves: That's the way it is and we didn't advertise it so I don't feel that you can actually address that issue at this point in time. Mr. Powell: My understanding is that we are not approving a site plan but instead we are approving the density change and the change in height. Mr. Reeves: That is correct. Mr. Cochran: According to this we are looking at two pieces of land, are the numbers that we are looking at related? Mr. Reeves: Those numbers are for the entire 11.92 acres. Currently there is a northern 7.5 acre parcel and the second piece to the south is already a platted piece of property called the Sun Country Addition. The ordinance covers both pieces of property at this time and will continue to do so. If for some reason they wanted to come in and do Iwo lots then if there is a four acre lot it would have sixteen dwelling units per acre and if there is a seven acre lot it would be at sixteen dwelling units per acre. There really isn't much advantage to doing it that way but they can. Mr. Cochran: I seem to recall this property coming before us several years ago for some variances on the comer of Bernard and Eagle Drive. Can you help me remember what we 3 P&Z Minutes i~ February 28, 1996 ,t+ Page 8 did? Mr. Salmon: Part of our subdivision regulations requires that a development has to insure that the traffic facilities, streets and intersections near and adjacent to it operate at level of service C or less. If you have an intersection that is not operating at that level then we require the developer to make improvements to that intersection that will keep it from becoming any worse. When the property was platted a year and a half ago, applying the ordinance we felt that the ordinance would require the developer to make some sort of improvements at the intersection of Bernard and Eagle because we have already documented that it is over level of service C at this point. Because the variance was an exaction variance and the developer felt that the increase due to their development would not require additional improvements at Bernard and Eagle. The variance was granted on that basis. The Commission at the time felt that there wasn't going to be that big of a traffic impact and didn't feet that what was being proposed was proportionate. Mr. Dahlstrom: Usually we look at those issues in the platting phase. We are in agreement up to the three thousand dollars that was the estimate given for that right turn lane. Mr. Powell: 1 move we recommend approval of this request to amend ordinance 94-037 to allow sixteen dwelling units per acre and three story buildings. Ms. Schertz: I'll second. Mr. Cochran: I am going to vote in opposition to the motion on the basis of the real and serious question of the traffic congestion in that neighborhood. I have no question that this will be quality development and I am aware that the developers work in town. I am concerned about the traffic there. There are four rather small and congested streets and these are two of the streets. Ms. Russell: Any other discussion. All in favor please raise your right hand. Opposed same sign. Approved. (3-2) Opposed Mr. Cochran and Mr. Moreno. III. Consider the final plat of Lot 1, Block 1 of the Denton Distribution Center. The 30 acre site rightsts on the north side of Airport Road, just west of the Kansas City Railroad southern Mr. Yost: This is the final plat for the item that you saw at your last meeting. This is for a thirty acre tract with a distribution warehouse plant on the site. The warehouse is proposed to be two hundred and forty-five thousand square feet. That is phase 1. There is a phase 2 proposed for a hundred and sixty-eight thousand square feet. The railroad spur will be relocated by separate instrument. There are public improvements associated with the final plat, one of these is a deceleration lane off of Airport Road. That lane would be roughly two hundred and seventy feet long. There is also a six inch sanitary sewer line proposed. The zoning is light industrial and was zoned that way in 1969. There was a variance granted for sidewalks at your last meeting. Staff does recommend this. 3_5' r 4 Apend~ No. qu-011 CITY COUNCIL REPORT Apenda item Dne e~- /9 - 9 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: March 19, 1996 SUBJECT: Exaction variances regarding perimeter paving, sidewalk and drainage imporovement requirements for Ganzer Estates RECOMAIENDATLON: The Planning and Zoning Commission recommends approval of all three variances SU,ILIIARY: See attached report. BACKGROUND: See attached report. PROGRAAIS, DEPARTMENTS OR GROUPS AFFECTED: Property owner(s), surrounding neighborhood, users of Barthold and Ganzer Rds. FISCAL, IMPACT: None. RESPECTFULLY SUBMITTED; -Ox" , - Prepared by: Rick Svehla (o Acting City Manager V G. Owen Yost, ASLA Urban Planner Approved: Frank H. Robbins. AICP Director of Planning & Development March 19, 1996 - ' REPORT TO: Mayor and Members of the City Council FROM: Planning and Zoning Commission SUBJECT: EXACTION VARIANCES REGARDING PERIMETER PAVING, SIDEWALK, AND DRAINAGE IMPROVEMENT REQUIREMENTS FOR GANZER ESTATES H and A Investments, owners of the Ganzer Estates Subdivision located at the southeast corner of Ganzer Road and Barthold Road has applied for variances of Sections 34-114 (5) (Perimeter Streets), 34-114 (17) Sidewalks and 34-124 (e) (Drainage Design Standards). Since this proposed subdivision is within 8,000 feet of a City of Denton water line, the cited sections of the ordinance require the developer to improve both Ganzer and Barthold Road to City standards for estate subdivisions and construct sidewalk along those road frontages. In addition, the two drainage courses running through the property would require a hard surface lining or underground pipe. A third drainage course which originates on the an underground pipe since it crosses 4 lots. (Only two lots may d a natross a third withoutra public drainage system.) The developer proposes, and the Commission recommends, no improvements to Ganzer or Barthold Road and no sidewalk. The owner is proposing easements wide enough to convey a 100 year storm for the two larger channels leaving them in a natural state. The smaller (third) drainage course would also not be improved and has no proposed easement. All three variance requests are based on reasonable nexus and are therefore exaction variances. An exaction variance may be recommended to City Council by the Planning and Zoning Commission if the following criteria are met. (b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. The Commission recommends that all three variances be approved. As stated in the attached letter from Brian Burke, the applira^!s engineer, the large amount of street frontage compared with the number of lots would make the required street and sidewalk improvements extremely expensive on a per lot basis, over $14,000. It only casts approximately $5,400 per lot to install the same improvements for an average city 'ot. In addition, the County has recently repaved these roads to County standards and currently they are in good condition. The amount of traffic generated by these 16 lots does not justify further improvements. oZ - y3V L r ~ ~J'ad2 1'p _ -9_L In addition, the development of 16 single family homes on nearly 120 acres of property`s i1t not--~" cause a significant increase in drainage runoff. Channel linings and pipe systems are not warranted given the proposed development. The easements being provided will help ensure orderly development of surrounding properties and will also protect perspective buyers of lots in this subdivision. ATTACHMENTS: 1. Location map. 2. Plat. 3. Application (6 pages) 4. Burke Engineering letters. (3 pages) 5. P&Z minutes 2/28/96 meeting. A."OOA24 3, Y i ATTACHMENT CJWZER ROAD I9 ' M SCH BRANCH ROAD LD ROAD N~O4 qe T~ wt s F.I. 1173 VICINITY MAP N.T.S. l r I - I ~ w GLKMI Yon / .In, rYm YNrry rr.rl n.. r 40= NJr.Y.. 4.,n IOLtl W"1.• I W 1 • W WYM PT M W GI M "t, J ••M KYgY•,In. t7 Y!. I .rte^r MV rM ^.•,1 ~'.nYln CF Y O.wM WYn WtwN.l 1l.b OY •.•T t CnY•t YrM r•I• Ir,J., AN M IAI,Iti rrf•.rn~•YKn.r • . ,iYir,fw''ptr 1wp ••/S NYKn+n KR.IMN rYY.'MFL.Tn M w 9•P .VM.'9 ROB' r~MYM T„J.P~^I MM'r~Y Pr•I M`•T•T WrY .N YPT ..n , ur I •Yn•r YYaT^Yn 1 W .'ThN W^iMle Y'MI., JI M TMt J AYL R$ $T 1 iM,T,s WrYT YM.n ►I+A OI,fY1M ATT.+IIM{•'.YFrrY YM A j .wn rnr•rM1.,,.1 y.YM MT. rnr KY r.• M M r 1 r•.ar r,. V• ~~i r.• w.r • i nrT ~ I+n YK.Y Y Y•~M W1 ti MIY • W w0"0Fp,V• .11 •1111 1• d I~ Yrw►wh•MV•w,WY,y1 •rr J,rY rMl,rraMr,1Y Cinl I M / w••\ 1pFY Yw r.hYw RS•,n••p u.,•'WY1►hw »e•wnsb •.•MMrYY wt+el CYrYTn.Mwan M. xi` fI. JI'!rl ,•%.J' L••RR7[99tl 4•. 11 n~(JtY4••r PYn1.A.J,1 nMJ oft CR ROAD ^w' wnir~„W,nui0iwr _ I pi ~y •d,k Jlh J.Y rei ~.y .L If MMRrw,MFwr.n, I - ~mr.r YTCJe¢rd,m~ wi w,hwt• 0MI1$ $A k i r0 n y• $1 ] oIll, rl 111 1 I rnw n.n run IYngl 1!.••r Y • i. I lp4'. Wo[+OW rM.1✓,np Yl . IF I'M 15 00 e..y+ w»wM 1 : •n,•:~ l "U. S 1, TMn Nn M Q • 1 Irtlu/m 5 I. a ; y t r• IW I rK/VOIV^All rt 4- 10 .y r• ~ I f Y , r[AR$pH $Y N 1; n• 1 1 ~ 9 A IOA9 1 I r $ FY, + 1 r = • Yr rlY Fro .7 \ l2 j1 .1+ I 1 b i Y • n 0J v v n r rcY ` i II 4... ` 5 11 1;3-. r f YMU, ...Pl ~ \ , • YY, 16 1 l MO f f l i /j a Rre ISr its I Yr Me, M P. M • •W, TMn cFYb lrJ 1 o- ,n f' KERN SURVEYING INC. P.O. BOX 507 KRUM,TX16244 w •.r•u • nJ•Ir~ (61 71 682-67 23 JOB A ,A , 4 Ili .'M ~ _ f ATTACHMENT 3 CITY OF DENTON APPLICATION FOR VARIANCE OF SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Name of proposed plat Al GAzC R £57-4A_') From what article of the Subdivision and Land Development Regulations are you requesting a variance? 0&41W-4 6y, Petitioner Telephone F12ya249 Address ?U o p2/ 6 City/State/Zip /s, VI" T~Xi1-S 76 Land Owner / Address _ 1.6 eo"f o?/ City/State/Zip d vlr/ h,cirS 7 6 ,2 c~ Date _ a ' 9 to Fee Paid 17) Petitioner must provide the rationale for the variance using the following five criteria. (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; a F Variance Application Continued Page 2 (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan, or Studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or ' omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. or, If the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTE: Request must include the following: 1. Completed application (one per variance). II. $175.00 fee. III. Copy of proposed plat and location map. Si ature of Applican Date f CITY OF DENTON APPLICATION FOR VARIANCE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Name of proposed plat 6A ES~~Tc1 From what article of the Subdivision and Land Development Regulations are you requesting a variance? Petitioner £ , vcSi ~ ~yT f Telephone ~/~5'~j- Address f.a . tj'oy a/ b City/State/Zip _ Q` ,ry ~-Gx y Land Owner f a `sn c~AC/1S Address ~b City/state/Zip /['xt v 4=_ it ay Date 9-7 1- Fee Paid ! 1 7J Petitioner must provide the rationale for the variance using the following five criteria. (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; i a } it Variance Application Continued - 1 Page 2 (4) The variance will not in any manner vary the provisions of the Zoning ordinance, Denton Development Plan, Master Plan, or Studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. or, If the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning commission by the city council. NOTES Request must include the following: 1. Completed application (one per variance). II. $175.00 fee. III. Copy of proposed plat and location map. .7_9_(~ S nature of Applican Date 9 1 u 4 v CITY OF DENTON l APPLICATION FOR VARIANCE OF SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Name of proposed plat __iAA/ZP,e tS~'.fh '~il - 771 From what article of the Subdivision and Land Development Regulations are you requesting a variance? F Telephone _g/7 Zip 'L<'AVA07 j c_x 7b a y S Land Owner Address 0 ~ , a City/State/Zip _ k yifj T'L~~r 7 ~~S Date Fee Paid 7J' Petitioner must provide the rationale for the variance using the following five criteria. (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; S G r Variance Application Continued Page 2 (4) The variance will not in any manner vary the provisions of the ` Zoning Ordinance, Denton Development studies plan, Master Plan, or . (5) The special Or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. or, If the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTEt Request must include the following: I. Completed application (one per variance). II. $175.00 fee. III. Copy of proposed plat and location map. SS nature of Applicant ` D V Date J t ATTACHMENT 4 i , 29 January 1996 , Mr. David Salmon, P.E. Senior Civil Engineer City of Denton, Texas 221 N. Elm St. Denton, Texas 76201 Re: GA.NZER ESTATES Denton County, Texas Dear Dave: On behalf of H&.A Investments (develepers of the 16 lot ETJ subdivision), I am requesting two variances to Chapter 34, City of Denton "subdivision ordinance." The proposed subdivision has 4,700' total frontage on two established public roads, Garter and Barthold. Both are maintained by Denton County. The developers consider the cost to provide public improvements (perimeter street pavement and perimeter sidewalk) excessive compared to the benefit they would yield. They request variances, and propose not to construct either improvement. Based on $40 per linear foot for design & construction, I estimate the cost for perimeter street pavement to be $188,000. Sidewalk at $8 per foot would cost an additional $37,600. The total is $225,600, or $14,100 per lot. The developers believe the expense would be aft greater than the benefit. Please support this variance request based on expense which is disproportionate to benefit. Respectfully, TO) Brian Burke, P.E. xc: Mr. John Holley (H&A Investments) Mr. Mike Kem, RPLS (Kern Surveying) BURKE ENGINEERING 1318 Auburn Drive Denton, Texas 76201 (817) 382-4948 s QL r_3`-_~ 29 January 1996 - - - - Mr. David Salmon, P.E. Senior Civil Engineer City of Denton, Texas 221 N. Elm St. Denton, Texas 76201 Re: GANZER ESTATES Denton County, Texas Dear Dave: On behalf of H&A Investments (developers of this 16 lot ETJ subdivision), I am requesting a variance to Section 124 of Chapter 34, City of Denton "subdivision ordinance." We propose to define ample public drainage easements on the Final Plat, and leave two streams in their natural state within the easements. It appears the land has been in agricultural use (wheat or maize production) for years. Overland slopes are gentle. Stream banks are very flat and flowline slope is less than 1.2%. I saw no significant erosion. A drainage analysis (submitted separately) shows how I derived the recommended easement widths. Easements are proposed across H&A land where defined drainage paths convey runoff from land uphill of Ganzer & Barthold Roads. We think this solution benefits the developers and homeowners (reduced development cost), and the City (provides drainage capacity for full watershed development, but does not create a significant maintenance burden). I estimate the cost to grade open channels, place concrete pilot channels, design the system, plus miscellaneous expensei would exceed $90,000. Please support this variance request based on cost disproportionate to benefit. continued - 3, S Q w r` R 3 RCd (rlR1 R3 29 January 1996 Mr. Dave Salmon, P.E.: GANZER ESTATES, page 2 - Respectfully, Brian Burke, P.E. xc: Mr. John Holley (H&A Investments) Mr. Mike Kern, RPLS (Kem Surveying) BURKE ENGINEERING 1318 Auburn Drive Denton, Texas 76201 (817) 382-4948 4 ATTACHMENT 5 P&Z Minutes a~ene uq; February 28, 1996 Fend 1t Page 9 care Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) IV. Ganzer Estates. The 117.049 acre site is located on the south side of Ganzer Road, directly east of Barthold Road. a. Consider a variance to Section 34-114 (17) for the construction of sidewalks, Section 34- 114 (5) for perimeter street paving, and Section 34-124 (e)(5) for drainage channel lining improvements. Mr. Salmon: The owner of the proposed Ganzer Estates subdivision has applied for three variances, perimeter street paving, sidewalks, and drainage channel lining improvements. The ordinance would require this development to install perimeter paving along its frontage as well as sidewalks, and the drainage would have to be either put underground or line the drainage channels with some sort of a hard surface lining. This property is just to the north and west of the Union 76 Truck Stop at Hwy. 77 and I-35 N. That area where the subdivision is proposed is within the eight thousand feet from a City of Denton water line and that is why we are here this evening. The developer proposes to make no additional improvements to Ganzer Road or install any sort of pedestrian access. In regards to the drainage the developer proposes to dedicate drainage easements wide enough to contain a hundred year storm and they would be left in their natural state. In this case there would be possibly of four lots draining across the fifth lot. The developer is not proposing to put any sort of drainage improvements or easement in that particular area. These three variances are all applied for on the basis of the need created by this development for the subject improvements so they are exaction variances. They may be recommended to the City 4 Council by the Commission if the Commission finds that the exaction does not reasonably benefit the development, is disproportional, or would cause a confiscation of the property, or make it useless for its intended purpose. Staff is recommending these variances. There is over a hundred acres but there will only be sixteen lots and there is a large amount of street frontage. It would cost over a hundred thousand dollars just for the street improvements. We feel that the standard requirement is disproportional. These streets have recently been redone to meet the county standards and ,ve don't feel that this development will adversely impact those streets. We don't feel that it would be reasonable to require drainage considering we are only talking about sixteen lots and the developer is willing to dedicate the drainage easement. Mr. Cochran: I move that the variances to Section 34-114(5), 34-114(17) and 34-124(e) be recommended for approval to City Council for Ganzer Estates subdivision. Mr. Moreno: I'll second. Ms. Russell: Any discussion? All in favc - please raise your right hand? Opposed same sign. Approved. (5-0) b. Consider the preliminary and final plats of lots 1-16, Block 1 of the Ganzer Estates. lS. s k i Agenda 6 -011 Agenda hem . pate to CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. McKINNEY DENTON, TEXAS 76201 (817) 566.8200 DRN METRO 434-2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: February 28, 1996 SUBJECT: Approval of a Tax Refund to Lief G. Haag RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documentation have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: Chapter 31. 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Mr. Lief Haag has requested a refund in the amount of $940.40 because he overpaid account /075103. h BACKGROUND: Mr. Haag made a payment of $941.00 on December 19, 1995 against a tax of $941.60 and his mortgage company made a payment of $941.00 on December 27, 1995. This resulted in an overpayment of $940.40. A tax refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department arv! the tax account of Lief G. Haag FISCAL IMPACT: $940.40 "Dedicated to Quality Service" s d F y .n City Council Report aaenca I'° - - ~1_ _ Page 2 ~a= as gem _ Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: Prepared by: Rick Svehla Acting City Manager n Vic Schneider Tax Technician Approved: Ion rtune Chi f Finance cer Attachment: Application for Tax Refund Copy of Cancelled Check Copy of Overpayment Report AAA040EO I Ist8§0 PfOWtY Tex 0owd APPLICATION FOR TAX RE efund OPii4VN 31.11µ/I2) ..FUND Agenda IJO 4---- Collecting Office Name; sITV Agenda firm Collecting Tax For: ~~'~E~~~'+ 216 t: McKINNEY (axing U' Andress A7TON TEXAS 16201 City, State, zip code In order to apply for a tax refund, the following information must be provided by the taxpayer. - - IDENTIFICATION OF PROPERTY OWNER: Name: L~1'F >EfAd e-- Address: 3Q T/MaE2(3"-AJ Ce& _ Telephone Number (+f add tonal information is needed): T `~""u S~- IDENTIFICATION OF PROPERTY: Description of Property: ~oCLfcT e/n~ r 5~~ 3 LOCK 3 / LnT SL3 Address or Location j' Property. -LL!+t_8f z r,2E f „~c ct Account Number of Pr,:tarty: 03 or Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for From Which Refund Which Refund Date of the Amount Amount of Tax n Is Requested Is Requested Tax Payment Taxes Paid Requested 1. drrv eF~ENroa/ 19 _p~5 _ G?-/~ / 19 L,- $ ~1~// v0 2.C Lr e.s S ~/~/O.SYU 19 V,5 $ 9~/. ov 3. 19 / 19- $ Taxpayer's reason for refund (attach supporting documentation): & 4A4 4,0)-b W/5 1110xT611 c1c Jn(,'RAIy £/JC" fAi0ra r TAXES CA1 7',yrs 7slo/:~~TY. / / cr;A s N ,cuNp rf rN£ Otli<~o~Y/+tfuY. 1 "I hereby apply for the ref nd of the above-described taxes and certify that the Information I have given on thisform is true and correc " ' Signature Date of Application for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Any person who makes a false entry upon the forepolnq record sha0 bra subject to ore of tM fo0owinq penafOes; 1. imprisonment of not more than 10 years not less than 2 years and/or a One of not more than 116,000 or both such ins and Imprisonment; 2. confinement in Jell for a term up to 1 year or a fine not to exceed 32,000 or both such fine and imprisonment asset forth in Section 37.10. Penal Code. AEFUkO ]i n F a c CU1,'6I. kVAr1UN IN 11 XNA IIUNAI. I ~~'•f1Q3 rl LEIF HAAG Dara_ i En/C%e DENTON, TEXAS 76205 --lJ- 311 Pay fn Kee order Bank of America / Mrt39 Ww,XX V ~ lw.npfqbr~n•Xb 019 • , 1tl1 "11~[ Mos Q MA! ~ . Fvr_~C ff' O7S/D.3400AG S}~~ LQ"~ 1:3 L L093 1201: 0 14 L 3 LO11L8Soil 5431'1171i' 1"0000094 MID III uyc ~6 apu CCZAL eet. ENV:2a4'AElJT I:CU &w'cEA H1 1 ! y J~ 1) fiF '+g5' 21 111000025 ` . )2r 1,'~5 I:: ;r r; ;i r:''r ;:,.',:i 1,:.~ I• r;,;r r:•:I i 'r' ,IY • r,. (J i; I u i REPORT FIOR05DW 02/28/96 AT 19:19 O V E R P A Y M E N T S PA ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PA 08224500000 95/05/05-0338 TOLLESON, CHRISTIE R DALLAS OR 205.20 OVERPAY 094312,00000 95/05/05-0339 FORD. LINDA P MACK PL 31.99; OVERPAY; 03357200000 95105/06-0024 :.WENDT, WILLIAM L HIGHLAND ST 3.82 ;OVERPAY; 02949700000 98/05/14-0001 DUNBAR, ELIZABETH 2.39 OVERPAY 0287850000095/05/22-0010 SMITH, ANNIE R E SHERMAN OR 0.01 OVERPAY..' ' 02100200000 95/05/26-0005 WILLIAMS, DONALD R EMERY ST 2.00 OVERPAY 90131100000 95/05/26-0063 RAMA THAI CHINESE CUISINE AVE C 36.26 OVERPAY r91'3d97'07500 95/05/27-0017 HOLT, VICKY B HYDE, JEANINE N LOCUST ST 0.07 OVERPAY 9159330 00 95/05/27-0019 HOLT. VICKY 6 HYDE, JEANINE W HICKORY ST 0.02 OVERPAY ~5I 35 0 00 95/05/28-0025 SHOCKLEE-CARTER. ROSE TTA , E MCKINNEY N50 0.48 OVERPAY 1075 ! topopqoo 05 28- TAL OF OVERPAYMENTS 24,579.35 O, 0.00 ti is i Y F acalwa NO, -tiv~..~ agenda Item 2r. 0 ; Data 3 - ~ V CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY DENTON, TEXAS 76201 (817) 566.8200 DFW METRO 434.2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: March 8, 1996 SUBJECT: APPROVAL OF A TAX REFUND TO SOUTHWEST LAND TITLE RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documentation have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: Chapter 31. 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Southwest Land Title has requested a refund in the amount of $520.63 because they overpaid James B. Earp's account 6024814. BACKGROUND: Southwest Land Title made a payment of $520,63 on December 4, 1995 and Chase Manhattan Mortgage Co, made a payment of $520.63 on December 13, 1995 resulting in an overpayment. A tax refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of James B. Earp FISCAL IMPACT: $520.63 "Dedicated to Quality Sendre" r City Council Report IOWA NO Page 2 Please advise if 1 can provide additional information. RESPECTFULLY SUBMITTED: Prepared by: Rick Svehla lL Acting City Manager QLi/1caJ Ilene Evans Tax Clerk Approved: ~rdn fjrv-:~ ]on CFinance icer Attachment: Application for Tax Refund Copy of Cancelled Check Copy of Overpayment Report AAAOauc Srate pm"I Tan aoard APPLICATION FOR TAX REFLI~1 - RdundAppeeatlnn 21.11(1!12) ,penda No Collecting Office Name: CITY OF D P IT A~:"d' I:em Collecting Tax For: ARTMEYf D£NTON, TEXAS 75701 (axing units) Address City, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PA02gERTY OWNER: Name: _JAaeS FA2p Address: - RX0 L o J<edliFe 06n Jiol7-n 7-x '16 7V6 -7 .Zo Telephone Number (if additional information is needed): + IDENTIFICATION OF PROPERTY: Description of Property: ~1/,eTFlfucx~~ ~jcoCK ~~r Address or Location of PropertyQO9 oKc eoFr 'r.2 Account Number of Property: 10,2 E2 _ or Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1. Crt olr--fuTC,LJ 19s 19 5 S- <o 3 2. y axutrrJ f S .f;ZO,(o 19 _95 A-/3 / 19 $ S ZD.603 $ 3. 19 19_ S $ /Taxpayer's reason for refund (attach supporting documentation: ' Ww£cs -r ZAN7) 11'71 f- h-001 &ASj~_ /ylAAJi414T7"6} ` /1ktnj4ajc do r)/]-a) TN1r 10!, oe Trfis ~d2[ct, s~!r~11c~E5T LAriD TILE r s 1f ~sriti:y /]-RE Fit nND of Try 0014 64Y.NfAir-f. "I hereby apply for the refund of the above-described taxes and certify thatthe Information I have given on this form is true d Correct" ',SAtt7 ¢ ST 1-.4&Z) 'TI fL.1; ~7,7 1 0 u-ro m4~ 1~ 31(,h7Z Q` FcaNE~C/>76uelDiTX Z60zB Signature ' r^f~ Date of Application for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over 5500 Any person who makes a false entry upon the foregoing record shall be sub(acl to one of the following penalfNS; 1. Imprisonment o1 not more than 10 years nor less than 2 years endfor a One of not more than fs,000 at both such fine and Imprisonmenl; 2. confinement In (ail for a term up to 1 year or a Rna not to exceed $2,000 or both such fine and Imprisonment as set forth In Sacfton 77.10, Penal Code. PESUND )t,1 X~a.•. M1 % fG•'. ?llr ~tt`i'llh iJ r~y{•j .'ry'~y ,yp~~,yf~'r'~ny~/'~~~•y it ~ tf~'• ~~'i!r/IAI•[L7J~11i'L/O iL/i/r' J`~Jf' •~l' LI} nvlll• "Stir y^ r ii aiJ31 r nr G J7.1 fl`ty s 1 r '~tW. ♦h lye ' 1, ~..5.~!~ ~jN rMlltM !"~1 ''J[ M1 S i~ 1..f 1 ~h R 1, .Y` Fi ~ri~v ~r Mu } } al .r; r ♦L 4 rtr rl. 1 I t~-}rwF`~ titblY,i j~ r 1 r d 1 , may'.. •/1 h'S ,Y.w'..' UW y ;1 VP ~'L S 1=: C~P~t. t + i r ♦1 ; 1 ^ -yl. ; 7 .41 [ 4~ 7 r~ 1 4r 1 n r^ { Ik yt ~~~]~.is.CJ J 2$ [ ~ r'.r.1 :r t J t y ~',I~}y✓J~ ~vf~:' .'''S♦.~~v Ci t~ rl?F•.7 ra 'Y♦ rf /t ,[r~l it .l y; ''~1-yM1 1i`::l ~i l~c~if•~ , TTTTT~~~i~e X.✓~': L~' I Sk( 'S fi4•iMr aY ,.F_~r .1+ ; la ~i~T l! ',H ^J'.t f+r y'f Tom,' ~f(' ki 1 ~ ~/vy~\~//~~Vy S/ YA rA jJ~M(/ti~~1~}~ji, rYJt=~It~J~,f~ 1l~}` 1, 1 ~ i 1`♦. / r` t, v x ~ ~ ~ t- t Yi•~~^~fVS ITIIYI'^V~v.Fi,.,r~J ~li'~nr }w\ 'rt,r ^jyra~t yl~i •A I`~ J ~,1PA ytfyClty t M'1 M NkErJI r A~-v" tlr 'r1 •;fY .•„y~ Jt r-~, ;Y %T-,~~Ct :,,,ma~y ri "IyPT~i.~fr iti'i t~!•~,• i x'L OY,hVIPI+I~1F '1 NWII !I*h .d~ 'F'~7'~~A/1'~dX~rl~~>~Y>~(~~~,}(~v7S~~t t+ .I lr y(•i.C.' 1~/ w~l_F". ?J f'•frnftSk,~gi- ~Y ,~~V~: 'i Y I K. 3~ L 4.1~ 1 .rT; i•'T'--^ T~! ~ f Y Y ~ i~t i'F y,II~~A,•~~.i ~y 1. ~rtrJ l,.l,i 1-~w4 ..fi r.Uu/LL, ~bY~~~r1t~{-I V"l3! f~ f.,~,a xkv T~kt3f Y/♦Itp9 1 11` fv, rl I ~ vt. .1 I. nr1/!. ~ ~3~{F-E1Jb~r lJiLyi~^~'1 rhA,}S,'I.F i~"1 1 fi `,M f'S'~t~ r111 ~i • ~ i ~ r ^ r L _1~i, 1 lv'V i ^1rf i `}~1<'Atlt ;~r[~twV~ IJ Y jj~ L C~, C'X„, 1 4^ 1 f ,i 1 h 1~. t4'i(t ~11/~ ~ r~Jllyi ~,'V aL}}t •'~^Y.~ILI~'!^, .11p rSE rrf51 r,'r11 r• .i y„, r•. T J~`y`~~,J'UY ' , r r '(''L ~t Ir2J '4. tS /~i ,A: t. 1 y -~:r Y r 0f31t50± x'09&05'6&6?~9ow „~„Qb5 w 'c1 k.•{ ti;' • Iv r. n i Y', tl F r . r . ! ^.l-.. f. a r•>,C .r r IEYL 1.tvr(It~tld.•..i.llr E.sPr..1.... A ..L .t•.~f- .w.. n. r 1 +b a.r' a. CG`vtnl"Sr r •nn-t-.-T. S^!'^.• r' F'.•..-f~-..^.tr.`ti•'R M'ya an'K ~ „y •S7'^'K?r9° Y r i r,~ '•y' 1L•~y x ww. v~~7y y it TIM1 a `il~r ~r 17 {al ' 1 3 rii 1'~ ~ 11.11 FS~R `1'IT'~~+'"'~"~'N ~71~+`3 p•` 0 it vy~(~~ 1'~•~j jxr T'A``I fv:i11. 11 f ~7:y ••^~LNL';r ~'~•~7.n ttu1•i^; •?I.,S't, .Z~{• i. Xj t4 r''n ~~^'J'1j~ti.}Y t] 1 ' 1 (v a l J0.4 V l 'e. Fiy yy''^ ~ ~ `q I,Ir I nx~ i 1 ♦ vl J L a cf` ~ 1YY ~•r IA ))T~~•fr`ve 3! ak~~1 :yvM i~~ fz i" 1 rl 1F y i yy~~ i k n1 ~IA~Sy1 Qt' ,fin 1 Jr ! ' f J ♦ i 1' R ~ i 1 1 y's,r~,?ZY t S~} I' ra r S.YJI',11''~T y,J f,J t an t r J, ,r r1. ,tl 'r M1`I"~IL''A'> / }i tSr'1 rl if 3 4^ I+ ~1}Jr l r . f 'a [ 'll,~j >Y. 'Y 1 ia s b'j tq f11~ 1. t "`S 1 G '1 at tl Y an}.'. I' karlr rtl!~L ~1 ~19 1• N RC Li ~^'/r .1.~L R.( r f n IP I t •1 i ~ ~I l it 'jJ 1 r rY , T Tr Rt vJ,r/ 7 S a! , r I.r 1 ,rL ~'rs 11'` 1/ ,1J~r >t~~ 1S. I I -f ~ { F l l 1 1 r ~~`N ~ ~L~1..r r .y4'vy y~ wk' ~QIt Ile f }'M1+~r^.'~ll l w/ 1i 1 ` r ~fK}.rav ~~llw ✓Sll'"4Fk 11 i'! yV 1 `IE.`r 1, rr''..~~ ft rT t 1 't 1 f.'.,~'✓!C, s ~f~ 1 ♦4 J. 1 Y4 > y'~Y r/Jw "'1+r . ~ ~ rtM1 / ' , i. V y71~ ' A Y J~ f1:Il ~ IFy71~.~ a f ~~~1~. 'I/ ?v~ f`r r h tviti~rf + I..hl '1,!'• :^'F ~ i L~!t" J 1 t h } (i~l t~,JY~l. A~ rg5__I'~iT'.~r' ~wrr ~ ~CLi (Y~ 'J ~~ti r~ '~k ~"fi r . v ^ •~a t ~ ri F ,,11131St~'"h rrr t! Z'_~'1V~~~1 i'.{Y^1~4 r fir Y rrr .•y ay I( ` Y~`I~f M1l• r. ra ♦ 1' ~1Y J~ T 1 r Y~'. ~+'Y]r I:I [l_ '1 11 G.~" I,yi. ~f r, fr ^ f'~ ./R( ~ r M1 t ~!I \'Y /L G~ r l 11 S ~ 'y y~1~y~ r•yw ♦ 4L 'ia R,r ai1.11~+ I ~1'll . h 1 1 J^ '~,'i' ~ 1 [i11; c'4~I S'~j s}~a 'i r,1,~Y. J/4 1~ Iwo Il'!' F X11 /K ry Y I i ~ ! F , , fA s~Y.;// r. ♦ Yf~~-L•••1 Pr i1 , :T1 I.f 7 r. ~ J r i t r xy~b w (ia~ +~.Jn ~~'X LT ~Ilf'~Iw~ 1 Ir~ 7 ry/I ~ 4 l::l (.t\! 1 I .s+J,~'J!I i at i1 a+'1 ` ry{Fi Ir; 4Y T`~~.~,~35c~~~ir~ t.. ~0 /14r r`y ! } rl 'jv, 1 r< LyF y4 1 v `~,S~l S Ci ML J'r , rr) !t,^ C .;.f 1'~r Yiti'-"rt i11 l.fJ~i. i'~,['. ♦'Y' J,.. '4 rL ~ ~i~/'y fi.2 J.,rr 11 ~ i5 r1 r •iJ /.f'lE ~J:!W~L'.Ifnrr.'l:te.•1. 1wlr,ari r.•. A ~ ,•a4 ~ ;+C~ ~:11..rd..N,.,rr 11,.l~.`llx s LfT 1 > ^/.F f.,. J r ^ , l:a > 1 '!'w ; nT,[yp.cl , T C+.~ 'IL'Y'l..}YI\~'. ` 'tv irl lr..'.1 x..:211 /1E..y~.l.u,. ^,u51 a.L. :ra:.I.Lu.[,.,n...ci:.~•:~..i.'t. W~i1M'~4a~7 w.F.~t'.ai I J I Agenda N Agenda Ilem Dale (A f if f I~ i I v 0 T 11OR05DW 03/06/96 AT 19:22 O V E R P A Y M E N T S P 1 NQ- RECEIPT NO. N4ME ADDRESS AMOUNT STATUS OF P. 2 82 000 95/03/12-0263 HICKS, TIMOTHY W AILEEN ST 346.30 OVERPAY 2 000 95/03/13-0253 RODRIGUEZ. MAURO A ORIOLE LN 328.64; OVERPAY 04 D NAL2 JACK 000 95/03/13-0349 MCMINN, LEON PENNSYLVANIA D' 872.41 OVERPAY Y FALLMEADOW ST ' 170.42 OVERPAY 000 95;,0 13-0803 EA RP' JAMES B FOXCROFT C'9 f 000095/03/15-0015 AFV ENTERPRISE INC 2.20 OVERPAY 0 1 X000 95/03122-0115 POWERS, BOB C FOWLER OR 20.00 OVERPAY 167 0000 95/03/28-0076 BALDINGER, BRIAN D JIM CHRISTAL R 10.42 OVERPAY 02 8 0000 95/03128-0184 :PIERCE,WILFORD E W CONGRESS ST 31.93 OVERPAY t 6 0000 95103/28-0229 `BALDINGER, BRIAN D JIM CHRISTAL R f:f4 OVERPAY 0 '}2 0b0095l03/28-0358 FORD, LINDA P MACK PL 31.99 OVERPAY 0 541 Op0095/03/28-0462 FOLSE, W LEE RIOGECREST CR 730.55 OVERPAY 004DOOO 95/03/28-0564 JACKSON,' JOSEPH H LINDEN OR 305.49 OVERPAY 17898490000 95/03/28-0567 SUTTON, RUSSEL C CHARLESTON CT 900.00 OVERPAY 10323900000 95/03/28-0642 DEKEMP, RACHEL H LATTIMORE ST 41.71 OVERPAY 10325400000 95/03/29-0643 CARTER, LYNN A LATTIMORE ST 40.50 OVERPAY 13072300000.95/03/29-047 1 BRADSHAW, DURWARD 8 OR SEVILLE RD 1,320.46 OVERPAY 13431100000 96103/29-0903 KNIGHT 6 MILLER P/S SHADY OAKS OR 22.03 OVERPAY . 15479500000 95/03/29-0968 US ARMY ENG'DIST 1.74 OVERPAY 02343400000 95/04/02-1033 OLUFSEN, ELIZABETH SANTA MONICA D 912.61 OVERPAY 03346100000 95/04/02-1062 -SPRABARY, DARYL W MAPLE ST 149.30 OVERPAY 02996900000 95/04/02-1079 FOX, HOMER S WOOD ST 25.85 OVERPAY 17318200000 95/04/02-1135 AFV ENTERPRISE INC 2.70 OVERPAY 03448500000 95/04/02-1137 AFV ENTERPRISE INC 2.70 OVERP.>V 09430200000.95/04/02-1272 BIGGS, ANTHONY O MACK PL 6.84 OVERPAY 02029400000 95/04/03-0253 SELLERS, WILLIE' SCOTT DR 24.73 OVERPAY 0260360000095/04/03-0339 RIPPLE, JOHN L GEORGETOWN DR 492:85 OVERPAY 03407200000 95/04/03-0431 BAILEY FAMILY TRUST N LOCUST ST 331.72 OVERPAY 03517300000 95/04/03-0438 GALLEY, DWIGHT L N ELM ST 36625 OVERPAY 03529500000 95/04/03-0439 LIBERTY EDUCATIONAL MINISTRIES INC S BONNIE BRAE 551.63 OVERPAY 03075700000 95/04/03-0723 WOOLVERTON, JAMES A FREEDOM L'd 406.62 OVERPAY 51407200000 95/04/05-0063 KECK, TOBY TEASLEY s 97 L 3.89 OVERPAY 15534900000 95/04/05-0560 :RICHARDSON, ROBERT L LINDSEY ST ..129.41 OVERPAY 02216100000 85/04/05-0821 FOUST. STEVEN M DRIFTWOOD TR 257..2.3 OVERPAY 17895600000 95/04/05-0832 LAI, GLOAT NATCHEZ TC 100.60 OVEPPAY 1137{BOg000'95/04/11-D124 THE STEAM MACHINE OAKRIDGE'ST 1,50 OVERPAY 14562000060 96/04/25-0223 HOENIG. DAVID ELECTRIC INC DAUGHERTY ST 118.87 OVERPAY 14562200000 95/04/25-0224 HOENIG, DAVID ELECTRIC INC DAUGHERTY ST 122.07 OVERPAY 02248400000 95/04/29-0084 VILLARREAL. BAKER J IMPERIAL DR 29.10 OVERPAY 91473400000 95/04/29-0203 IZOD 1-35 X307 30.16 OVERPAY 03380800000 96/04/29-0442 SORRELLS,`RANDY OEWAYNE SCRIPTURE ST 5.47 OVERPAY 03173200000 95104130-042G WIMMER, JEFFREY G 6 TAMARA SALADO ST 482.49 OVERPAY 02972500000 95/04/30-0450 -SPRABARY, BETTY' MULKEY LN 16.41 OVERPAY 1669100000095/04/30-0649 MADDOX, MICHAEL E WELLINGTON OAK 27.04 OVERPAY 11980200000 95/04/31-0817 STING EAGLE LTD P/S AVE E 62.01 OVERPAY 11980200000 95/04/31-0854 STING EAGLE LTD P/S AVE E 190.11 OVERPAY 90149300000 95/05/0t-0102 FIRST INSTANT PRINTING INC N ELM ST 11.69 OVERPAY 03395500000 95/05/01-0103 ROGERS, SIDNEY D N ELM ST 16.72 OVERPAY 02369000000 95/05/05-0330..JORDAN, 'LOU A EGAN ST 433.29 OVERPAY 02485500000 95105/05.0331 GRIFFIN, ERNEST.R NOTTINGHAM OR '.9.00 OVERPAY 031514000DO 95/05/05-0337 FULLINGTON, JEFFREY 0 - TYLER 'ST 123:74 OVERPAY t. Apoft No 10-011 r CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E McKINNEY P DENTON, TEXAS 76201 (817) 566.8200 # DFW METRO 434-2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: March 8, 1996 SUBJECT: APPROVAL OF A TAX REFUND TO DONALD 1. AND LINDA JO CARTER RECOMMENDATION: The Tax Department has mailed a supplement from the Appraisal District for 1992 making a correction to the appraised value based on a protest by Mr. Carter reducing the tax he owed in 1992. Donald 1. Carter is due a refund which the Tax Technician recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Donald J. Caner is due a refund in the amount of $641.31 on account #036108 due to a reduced appraised value in 1992. BACKGROUND: Donald 1. Carter paid his 1992 tax in full oa January 28, 1993. A supplement causing a reduction in appraised value reduced the taxes due for 1992. This reduction in taxes warrants a refund of $641.31 due to Donald J. Carter. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Donald J. and Linda Jo Carter FISCAL IMPACT: 5641.31 "Dedicated to Quality Service" s City Council Report A~cnd~ Page 2 Date Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: Prepared by: Rick vebla ` Acting City Manager f~ h Ilene Evans Tax Clerk Approved: to ortu e Ch f Finance icer Attachment: Copy of 1992 Supplemental Roll Copy of 1992 Transaction History Record Purge AM04I3C r 6 t r --==____-=__=----------------------------------------------------------P- Denton Central Appraisal District A C R D S I S T E R 02/29/96 03:09 m THE SOFTWiRE GROUP, INC. 1492 SUPPLEMENTAL ROLL q3S FOR: CITY OF DENTON (C05) PAGE 1 - - - - OWNER NAME AND ADDRESS PROPERTY DESCRIPTION RECEIPT # CURRENT VALUES PRIOR VALUE'S GAIN/LOSS 836108 1330420) EAKIEf:. DOtii7i11 J S LINAA ~JO- AlA17A ti -B.-UILLIAnS, _TRACT---1(1N---__- 441 CARTER DR CITY), ACRES 43.60, OLD DCAD TR AG rrAT 1 45,109 144,742 COPPELL. TX 75019 78(4),2,76(6),7C(1) AG USE i 91810 9,698 SITUS: FM428 Imm HS 1 0 87.431 o ENTITIES: GOI, SOS, C05, E05 C05 ASSESSED i 90810 99.1?S -89.319 RECEIPT TAXABLE i 9,910 990 1In -89,319 EXEMPTIONS: H 7307 TAX AMT i 70.44 711.75 641.31 TRANSFER IM KS TO 836062 - - - 4 } DATE. Di 124!96 CITY OF OF1' i!1 1iXAS 7R;:C87SF' Agtndi No TIME* CL42 PE P! RAMS C T1 01 1(C RE Oki PURGE DURCF YR F110 iF[KS RM~;iy l~ y 91021900200001 036059DDOW CITY m:o 7A). 92 111992 f 2.06 CITY H X c 9204280066DOa1 03613SD0000 CITY Ft60 TAX S2 012893 f 3,23 92D22SUD593001 05614100000 T 14 I AX M592 5 .64 3614SODOM [ITT 1;'0 TAX 91 122P02 _ 1 1.06 92D30200680001 03615200000 CITY mto TAX 92 120292 1 318.06 J 1 -1; TAX 7MU 1 262.62 54AMS17T t1o 18X 2? 121D92 3 380.60 920310DIS90001 03615700000 CITY 1110 TAX 92 121092 f 398.22 CITY KO TAX W e 465.91 YJ01, D56159000M CITY NO AX 92 012697 S 804.05 9203290110DODI 03616000000 (ITT r10 TAX 92 112992 f 587.28 9207050)INDDO T -A , PLO IAX j Dst~ D1 0000 clTV PLO P I 1 9? Or= 1 9.01 920330061CODD1 03616400000 CITY 40 TAX 92 123092 f 677.90 92630201603) J T r TAX 9z 40292 s 635.65 2a 03d1d600000 CITY _ r,t0 TAX 92 101692 f 77.49 920919030600DI 03616900000 CITY C4O TAX 91 061893 f 81.16 L J U f k).54 p p13_036169QQQQQ_jJ1T S of i 91 061843 f 15.71 _ 920329D1650001 03617100000 CITY F"90 TAX 92 122492 f 215.16 -92U466910331 Xr-t _ 920 M')j .s00{11 03617300000 MY „SO 10931? Z441 92030203CF0031 036174DDDMCITY Y.10 TAX 92 120292 f 60217.96 9204 ib7TcMil-'U5 .1D T H . 11 .~2Q3a7:L1~J1~,~il_A~tLm~ c.itY__.,_ ~SQ.TA.F_~92~14I41 1 _____.?1S~.Q4 92022000110031 03517700000 C11r r,ID TAX 92 112092 f 5.61 lull /01/2<IcS/6 CITY OFF 011,10::; IWS T Tt,,,CF7Ck JAILNp ,~JLW], R1510LY FC4PLt, FdLirf _11.) F LJJfjlrT-T(J: ALfOJl1l7_lr.~hCl_ ~u1+.e_:,nuRs>.. ±F.._; IY1'- 31 IL -f 920331041[9)31 0361780000'3 CITY rto T/X 42 i[5152 f 177.24 ~'r'U,7Ti5fti1~1 G3?i76G~*1~' tT~--'>„t~'1F.i:- _ . r' AW4, Na - Itq RD) CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. McKINNEY # DENTON, TEXAS 76201 (817) 566.8200 & DFW METRO 434.2528 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: March 8, 1996 SUBJECT: APPROVAL. OF A TAX REFUND TO DONALD J. AND LINDA JO CARTER RECOMMENDATION: The Tax Department has received a supplement from the Appraisal District for 1993 making a correction to the appraised value based on a protest by Donald J. Carter reducing the tax he owed in 1993. Donald J. Carter is due a refund which the Tax Technician recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Donald J. Carter is due a refund in the amount of $667.94 on account #036108 due to a reduced appraised value in 1993. BACKGROUND: Donald J. Carter paid his 1993 tax in full on January 28, 1994. A supplement causing a reduction in appraised value reduced the taxes due for 1993. This reduction in taxes warrants a refund of $667.94 due to Donald J. Carter. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and hie tax account of Donald J. and Linda Jo Carter FISCAL IMPACT: $667.94 "Dedicated to Quality Sen-ice" , is City Council Report Page 2 R3:r.a is i _ Oase ` Please advise if I can provide additional information. RESPECTFULLY SUBMITTED:' Prepared by: Rick Svehla Acting City Manager Ilene Evans Tax Clerk Approved: Jo ortung Ch f Finan a Officer Attachment: Copy of 1493 Supplemental Roll Copy of Overpayment Report AAA0413C f ~ a 'i 1 1 neon Central Appraisal District A C A 0 S Y S T E M O'V271 6 03:03pm E 5{iFTWARE GROW, INC. 1993 WF'FtEMENTAL POLL 1125 FOR: CITY OF DENTON (COS) PAGE I - - - - - - - CFR, R WE AND ADDRESS PROPERTY DESCRIPTI11H RECEIPT V CLFS{ENT VALUES PRIOR VALUES GAIWLOSS 1 108 (33042424) CARTER DR CITY)t ACRES 43.601 OLD DCAD TR AG MKT S 4S,109 144.742 ELL, TX 75019 7E(4)j2.7E(6),7C(1) AG USE $ 10,682 10.560 SIM: M428 Inm FG 4 0 87.431 n rte; ENTITIES: GOIo SOSt COS COS ASSESSED 4 10 682 99 991 -89.309 RECEIPT TAXAELE S 10682 99991 -E9~309 UEMFTIONS: # 7442 T AMT 4 79.89 747.83 -667.94 -=-r--~-^' rva~~r,.iar,E: C =-CHANGE--3 ~ Y6-- ~ - - c --TRAP~ER-IFFS TO 836062 i REPORT FIOR05DW 03/07196 AT 19:22 O V E R P A Y M E N T S PA A CO N N RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PA 0 60 0 95/05/05-0338 TOLLESON, CHRISTIE R DALLAS DR 205.20 OVERPAY 0 20 96/06/05-0339 FORD, LINDA P MACK PL 31.99 OVERPAY 0 0 5/05/06-0024 'WENDT, WILLIAM L HIGHLAND ST 3.82 OVERPAY 0 95/05/14-0001 DUNBAR, ELIZABETH 2.39 OVERPAY 0 95/05/22-0010.. SMITH. ANNIE R E SHERMAN DR 0.01 OVERPAY 02 95/05/26-0005 'WILLIAMS, DONALD 'R EMERY ST' 2.00 OVERPAY 90 O 95/05/26-0063 RAMA THAI CHINESE CUISINE AVE C 36.26 OVERPAY 91 0 95/05/27-0017 HOLT, VICKY & HYDE, JEANINE N LOCUST ST 0.07 OVERPAY 91 0 95/05/27-0019 HOLT, VICKY & HYDE, JEANINE W HICKORY ST 0.02 OVERPAY 51 95/05/28-0025 SHOCKLEE-CARTER, ROSETTA £ MCKINNEY M50 0.48OVERPAY -'07 0 95/05/28-0047 HAAG, LEIF G TIMBERGREEN OR 940.40 OVERPAY 51 261110 95/05129-0018 :LASLIE,"ROBERT E'MICKINNEY 017 1.55 OVERPAY 91 7 00 95/06/.0.1-0050 AA AUTO PARIS FORT WORTH DR 3.71.OVERPAY 91 8 * 0800 95/06/01-0054 DENTON REHAB COLLIER ST 1.08 `OVERPAY 91 45120 0~p 95/06/01-0058 MCI TELECOMMUNICATIONS CORP 104.78 OVERPAY 91 4730ro D 95/06/01-0060 MCI TELECOMMUNICATIONS CORP 254.22 OVERPAY 03 000 95!06 01-0066 CARTER DONALD J & LINDA JO SHE v OVERPAY NO' OR Sid- is u 9126750000095706/01-0070 HUFFMAN. MARCUS BROOKE ST 342414 `OVERPAY , 51512100000 95/06/04-0004 -PENA. S.ODOLFO 6 DELMA EMCKINNEY 030 30:22'OVERPAY: 51578800000 95/06/04-0007` POWELL, ART S MAYHILL 0160 27.04 OVERPAY 15212700000 95/06/04-0011 WATTS, VIRGINIA R 27.04 OVERPAY 03558800000 95/06/04-0014 TALIAFERRO, CHARLES R N BONNIE BRAE 156.85 OVERPAY 03527200000 95/06/04-0016 FAUGHT, GARRY M JACQUELINE DR 27.04 OVERPAY 03610800000 95/06/04-0020 CARTER, DONALD J & LINDA JO : SHERMAN.DR 454.67: OVERPAY 03487800000 95/06/04-0022 RICHARDS,-THOMAS JAMES - AUDRA LN t18.99 OVERPAY 0237630000095/06/04-0026 'WALLER PHIL D OXFORD LN 64.09 OVERPAY 16689000000 95/06/04-0027 EADDY, HARRY L WELLINGTON OAK 27.04 OVERPAY 02288400000 95/06/04-0029 WILLIAMS, CURTI5 PARK LN 81.13 OVERPAY 02476100000 95/06/04-OJ32 HARDIN, ROBERT J ALAN-A-DALE CR 118.99 OVERPAY 02969600000 95/06/04-0071 WILLIAMS, BOBBYE LOUISE E HICKORY ST 3.00 OVERPAY 02969600000 95/06/04-0072 WILLIAMS, BOBBYE LOUISE E HICKORY ST 71.94 OVERPAY 027450QD000 95106/04-0074 THIBODEAUX,.ALTON RIDGECREST CR : 81.13 r. OVERPAY 02788700000 95/06/04-0076 THOMPSON,' KENNETH N WOODBROOK^ST 27.Q4 OVERPAY 10305700000x95/06/04-0078 MILLER,TONY W GATEWOOD"DR 27.04 OVERPAY 0255820000095/06/04-0080 95/06/04-D080,9LANCHETTE, SHERI,L MERCEDES RD 27.04 'OVERPAY 02126400000 95/06/04-0082 WHITE, SYLVIA H WESTCHESTER OR 27.04 OVERPAY 02854600000 95/06/04-0091 KEITH, LEE & LOUIE HUBBERT AMARILLO ST 87.63 OVERPAY TOTAL OF OVERPAYMENTS 28,061.79 0.00 s Apr* k 4u* &M 8*~`3-It- ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and w HEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1864 ALL PRIESTER SUPPLY $ 33,614.00 1876 ALL DEALERS ELECTRIC EXHIBIT "A" 1877 1,2 PREFERRED SALES $ 17,045.00 1877 3,6,7,8 TECHLINE $ 48,776.00 1877 4,5 WESCO $ 18,900.00 1879 ALL OSMOSE WOOD PRESERVING CO. EXHIBIT "B" SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Did Proposal and related documents herein approved and accepted. S y Aptoda IJo. SECTIOXIY. That by the acceptance and approval of the abo% submitted bids, the City Council hereby authorizes the expenditure of fun s% rtQ-- - and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as . authorized herein. SECTION-V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1996. I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: - - - - - SUPPMORD {DIDN Ix a i i - !BID NAME PVCC'ON'Dl'i'l& DEALERS Agenda No. AC('1;SSORF:S f.~anCa 11em OPEN DATE FEBRUARI'27,1996 03tC_, , EST. TY DESC'RIPlION - --VENDOR -EXHIBIT "A'-" Q___-- FIRM 1 YEAR CONDUIT, PVC, SCH 40 1• CONDUIT,6" X 20' 51.590 2. CONDUIT, 4" X 20 50183 1 CONDUIT,3" X 10' 50.687 4. CONDUIT, 2 1/2" X 20' 50.$23 5• CONDUIT, 2 112"-X 10' 50.523 6. CONDUIT, 2" X 20' 50.325 - - 7. CONDUIT, 2" XIO' 50.325 8_ CONDUIT, I" X [0' SO.166 9. COUPLING, 6" •$3.70 10. --COUPLING,6"SLIP - $11.667 It. - COUPLING 4" --'511.138 12. ----COUPLING 4" SLIP - S6.547 13. COUPLING 3" _ 50.863 14. COUPLING 2 1R" S0.552 15. COUPLING, 2" S0.248 16. COUPLING, I" SO.125 17. ELBOW 6" X90 $16.861 18. _ ELBO%%', 6" X 45 SE2.605 19. ELBOW, 6" X 22 1(2 36 RADIUS $21.851 20. ELBOW, 4" X90 36 RADIUS $11.044 21. ELBOW, 4" X90 S5.814 22• ELBOW, 4" X 45 55.4661 23. ELBOW, 4" X 22 1/2 $9.450 24. ELBOW,3" X 9036 RADIUS 59.789 25. ELBOW, 21/2"X 90 46 RADIUS S6.956 26. E LBOIV, 3" X90 53.655 27 ELBOW, 3" X 45 53.346 28 ELB011 2 1R" X 90 S2.115 29. ELBOW, 2 112" X 45 S1.963 30. ELBOW, 2" X 9036_" RADIUS $4.045 31. ELBOW, 2"X90 $0.991 32. - _ _ ELBOW, X 45 - - - 51.063 33. ELBOW, I" X 90 50.36[ 34. PLUG, 6" S1.335 35. PLUG, 5'. S1.192 36.1 _ PLUG, 4" $0.789 37. RFDUC ER 6" X 5" NO 38. REDUCER S" X 4 " NO 39. C LAJLNT, QUART $3.9961 CONDIA 1' 11%1(' 40. CONDIUf,21125 XI 10. SO.697 41. CONDl1IT,2' X 10, 50.459 "6 MO PRi( ING NOT OFFERED 10'I'A,. 1 5122,823,210' S f f i L BID 0 1879 BID NAME POLE. INSPECTION & OSAIOSE Age de TREATMENT WOOD Age 63 Ham OPEN DATE FEBRUARY 29, 1996 PRESERVING Date CO 0 ~7Y DESCREPTIOY _ VENDOR E.YHIBIT"B" POLE INSPECTION &GROUNDLIN'E - TREATMENT I. A. TREATED POLE (INCLUDES C BEL011') S21S9 B. REJECFEbPOLE(INCLUDES CBELOW_(__._. $16.31' C. REPORTED POLE SI90 I D. HOLLOW HEART INTERNAL $6.48 TREATMENT (AS REQUIRED) - I- FUMIGANT TREATMENT(AS REQUIRED) S4.6-5 F. TREATEDREIECTPOLE(INCLUDES CABOVE) l $16.31 i i G. W'ORKSUMNIARY N/C POLE REINFORCEMENT A. REPORTED POLE N/C _B. - REJECTED POLE FOR REINFORCEMENT S28.OOI - DIST. $285.00 REINFORCED POLE TRANS. $565.00 j SIZE REINFORCER PRICE EACH REINFORCER I "ADD S-PER REINFORCER FOR POLES S41.00, W'HICII ARE 100 FT OR MORE FROM A PUBLIC ROAD I. YES _ i ADD 50 FT OR TALLER+ $2.79 SOUND & BORE - $2.53 Ageada Item CITY COUNCIL REPORT Date TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID # 1864 - SCADA-MATE MOTOR OPERATED SWITCH RECOHNIENDATION: We recommend this bid be awarded to the low bidder, Priester Supply, in the total amount of $33,614.00. SUbI1r1ARY: This bid is for the purchase of two Scada-Mate motor operated switches and communications and control units with provisions for Wesdac Dart RTU. The automation of these switches will allow for redirection of current from a remote location instead of having to manually operate the switch. This is a pilot program. Eleven notices to bid were sent to prospective vendor,, with responses from three. BACKGROUND; Tabulation Sheet, Memorandum from Glenn Fisher. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution, Electric Utilities, Electric Customers of the City of Denton. FISCAL IMPACT: Budgeted funds for 1996 Electric Distribution Contingency Fund; Account #610-103-1031-5880-8925. Respectfully submitted: Rick Svehla Acting City Manager Prepared by: Name: Denise Harpoot Title: Senior Buyer Ap roved: Name: Tomb. Shaw, CPM Title: Purchasing Agent 733.DOC T u t 1 . 1864" N SCADA•MATE MOTOR POWER PRIESTER TEMPLE OPERATED SWITCH SUPPLY SUPPLY N E FEB. 6, 1996 INC VE OR y - TITY DESCRIPTION NDOR VEN©OR VENDOR _ VEND 2RS1'1TCH 1 S -H- S & C kI SCADA I fI - NO BID _ S8,932.00 59,027.00 a 153 ( - COM1t.dcCUNTROLUMT 2 WITH PROVISIONS FOR I I OPTION 1. 2 EACH CATALOG 054211 R1 W'ESTRONIC W ESDAC DART RTU 1 UTILIZING DNP 3.0 PROTOCOL PROVISIONS FOR MOUNTING MOTOROLA DARCOM F2707A _ S7,959.00 i__ TRANSCEIVER NO BID S7M75.001 OPTION 2 I L 2 EACH CATALOG 054215,ADVANCED CONTROL SYSTMS 7075 RTU AND MOTOROLA DARCOM F2707A TRANSCEIVER NO BED ` 56,688.00,1 561759_00 1 i OPTION 3 57,552.00 $7,632.001, 4 I I a s aperda Rin _ ~ Agenda l:en MEMORANDUM Date To: Denise Harpool From: Glenn Fisher Date: March 12, 1996 Subject: Need for S&C ScadaMate Switches "he S&C motor operated switches and control units are being purchased as part of the Airport substation automation pilot project. This project is intended to investigate the feasibility and direction of automation within the City's electrical distribution system. Lessons learned from this pilot will be applied throughout the remaining system to reduce momentary outages and lessen the length of permanent outages. The switches to be purchased, both S&C and Bridges, allow for remote switching from a SCADA system, provide fault detection capabilities and fault magnitude measurements and supply load profile data. These capabilities will be used by dispatch and other personnel to restore service to customers by sectionalizing faulted line sections and re-configuring feeder sources remotely. I 1 Y ~penCB No. DA' R*PAW CITY COUNCIL REPORT D31~~~ "~7 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID #1876 - PVC CONDUIT & ACCESSORIES RECONIDIENDATION: We recommend this bid be awarded to the bidder with the lowest firm pricing for one year, Dealers Electric, at the unit prices listed: 1 n;, QUA" OESCUPTION. MICE L 30,000 F-r CONDUIT, 6"X 20' S 1 59V 2. 30,000 Fr CONDUIT, 4" X 20' $0493 3. 500 FT CONDUIT, Y X 17 $0687 4. 20,000 FT CONDLIT, 2'/_X 2p' $0523 S. 6,000 Fr CON Dui r, 2'/; X 10' $0523 6. 30,000 FE CONDUIT, 2" X 20' _ $0323 7. 6.000 FT CONDUIT, 2'X 10' _ SO)25 8. 20,900 Fr CONDUfr. I" X N $0166 9. 600 FT COUPLING. 6' 53,70• 10. 100 FT COUPLING, 6" SLIP 311 667 I I 800 EA COUPLING 4' fl 1.138 11. 150 EA COUP[ FNG 4" SLIP $6547 13. 10 EA COUPI ING 3" $0 , 863 14. 800 EA COUPLINO2A' 50.352 I1 1,000 EA COUPLING, 2" S 0 248 16. 1,000 EA COUPLING. L" 50,125 1L 50 FA ELBOW 6"X90 $16861 IB. 50 EA ELBOW 6' X 43 511605 19. 50 EA ELBOW. 6"X22 36 RADIUS $21.551 20. ISO EA ELBOW, 4"X90 36 RADIUS $11044 21. 50 EA ELBOW, 4" X 90 55 814 22. 50 FA ELBOW, 4" X 45 S 3.466 23. 50 EA ELBOW, 4' X 22'/4 S9450 24, 10 FA ELBOW, 3" X 99 36 RADIUS-- $9.789 25, $0 EA ELBOW, 2 V' X 90 46 RADIUS $6936 26. 10 EA ELBOW, 3" X 90 S ).663 27. 10 EA ELBOW, Y X 45 $3 346 28. 600 FA LI.1101A. 2 1/2'X 90 S2 113 19, 150 EA ri DOW, 2 1/2"X 45 S 1.963 s t CITY COUNCIL REPORT MARCH 19, 1996 AQends 1JO. PAGE 2 OF 2 Agenda him 30 250 EA ELBOW, 2" X 90 36' RADIUS 31 600 FA ELBOW, 2"X 90 $0991 32. 100 EA ELBOW, 2" X 4 S $ 1063 33. 600 FA ELBOW, I' X 90 $ 0.361 34. 80 EA PLUG 6' S 1.335 35 10 FA PLUG 5' - S 1.192 36. 80 EA PLUG 4" - S O.789 37, 10 EA REDUCER 6'X 5" S N/0 38. 5 EA RFDUCER S" X 4" S NZ 39. 400 EA CEMENT, QUART S 1996 40. 2000 FT CONDUIT, 2'/," X 10' $0697 41, 2.500 FT CONDUIT, 2'X 10' $0459 SUMMARY: This bid is for an annual price agreement for the purchase Of PVC conduit and accessories which will be warehouse inventory. The materials will be utilized by the Electric Distribution Division in the installation and maintenance of the underground electric distribution system. The lower total price of $121,770.85 offered by Techline for a six-month period was rejected because the one year prices offered by Dealers Electric are less than one percent (.864%) higher than the six month prices offered by Techline. PVC resin (the main ingredient in PVC) costs are predicted to rise at least 3% to 5% this spring, making it advantageous to the City to hold the prices for one year. Six bid proposals were received in response to ten bid packages mailed to prospective vendors. BACKGROUND. Tabulation Sheet PROGRAMS, DEPARTIVIENTS_OR GROUPS AFFECTED: Warehouse Inventory/Working Capital, Electric Distribution Division, Utility Department, Electric utility customers of the City of Denton. FISCAL IMPACT: Warehouse Working Capital for 1996; Account #710-043-0582. Ressumitted: RicPrepared by: Acting City Manager Name: Denise Harpool Title: Senior Buyer Approved: , N~ame'Tom D. Shaw" , CpM Title: Purchasing Agent 716AGrNDA brrJ w I n-rBID NANIl- I'll ! ONI>l II 6 Ac[ l.SSON1POWER CUSSSfIN.N (OPEN DA FE SUPPLY [NC, CU A B I F:NvI 127, 1996 Agenda P.Uk: F: I UF'2 IF _ EST. QTY IIF:N( AIPTION - t m i _ VENDOA _ 1'EN'DOR VE FIRM1YEAk n- CONUI I 30.000 FT pYC SC1110 F'IR.111 EAk FIR.\1 I Cf1.\DI r2 30.000 FT - f16'R20' 0X111 IT 4 - - SLJ11 20' 31,180 570 Sad 7 300 FT C(1\'DI41 ] 30.9A0_ $0%O0 SR610 c / f181.61t 4• 20,000 \IO' 44 S Jtk / 5100.J8c CYJ\Ill 11 7 Ir7' X 20' 50.8101 fOAJO _ III 56.750 564.701 / 50.613 SO $ 76.1lc 6 Sd,000 FT CONIII'11'.2 IR' X 10' SO.S50 34.930 St7.J& / 558,091 1 6,000 FT CfiXi71'If 2'\20' 30.410 ..c,50 _ 980 549381 /...558091 l.._. CON III'IT 2 ..\!0' _ - SOJW 53050 . 20000 F7 50.410 .J50 530.'8c / 3J6ASC S0 CO.\Ulll I \ 10_' _ f3 030 f 30 8c / S 76 ek 0 600 EA C'01 PI.I\f 6 _ .50.2251 50.1!? 10 - - 100 EA _ S5.320, _SI 6fOr S 1448e / f17041 COCI'LI\(,6 SLIP 11 800EA - 59.8501 _ 60.090 S 5.94 7,00 1 150 CA f 1.740 - 7.70 / 53.700 S. 2.10_ 13. fOl'F'I 1~\'f 1 SI1P $17.780 51.570 f 9.06 _ 2.73 / 14. 800 EA - f1 .950 _ f 3.21 Mum v-,( 71A'~. _ S0.9J0 _ S IS !000 EA _ f 1.20 50 970 (.V(Tf.L\6 7 10 650 L 16. 1000 EA - _ 50 S ,76 .520 $0 .170 fDI MASG I - S _ F g SO EA S _ 5SOJiO F1.BO11' 6 \90 .40 / 1, so 4,- go ~ 10 EA _S r~,aF SO EA.._ _ _20.99p' _ SD 150OJ - f 47T ELbO1V,6 \45 O _ _ 0 S __f16.000i _ ' : S (19.1 SOFA _ EL6O11' 6^\721236R4DfUS 515600 22' $ ^ i I SO EA 76]0 - __-_516.350 - Lf I5.39 / S 11.88 ]0. ELBOW, 4".\9036 RADIUS f . 16.050 . S 10.58 / 21. 50 EA SO - / _ ]7. - EA C1-80"- / XIS 57.460 516.670 f 17.57 f 1 07.15 - S7.200 2324- _10F.A SZ2501r 56300 - S 5.06 _E[Bf14V' J"X 27 1!2 - _ / f 5.95 S 4.46 / fKS 10 EA ELBON 3--X 90 36 RADIUS -_~•610~ _ S- - 2(. - 50 EA - -ELBOW, S IR"X 90 46 RADfU5 512.950 f 11.5.400 060 T f 5,51 / f 5.76 27.. 10 FA EL HOW, J' \90 59750 Ss 520 S 12. 28. 600 CA EA 25 1 S IEJO S 9,31 / 5 10.95 27. LBON. S" X /5 SJ.950 SJ _ 10 _ F 1 EI,IIUN', 21'7 %90 _ S1.A S 2.94 SJ.000 X 29. ISO 52590, S 2.67 / S 351 Ef.RON'. ] }q \ 43 52770 - 30. ]SQ - EA - - _ _ S 134 / f 3.97.__ $7.570 . EL8O11' 2 \ 9036 A D7US ! $2.210, r / 56.150 fS 830 2.4i 600 EA FI. BON, 2" \90 2.11 _ - 100 CA 31 JZ - 51.990 S 5.72 S f ! . _ 1 f ,90 _ f 1606 F.I,B(9N', I" X90 . f 1.880 51 2S0' 6, 3/. T-- 600 EA "'BO", 2' \ /S ~ 80 FA _ 50.690' f1 270 S .71 / - $O 500 f .84 _ ` J5. _ IO EA..` $2.240 FA f1350 S .34 / S .369 ]49 PI ('C, 4' f2 51.970 800 `5. 51 090 _ f IDEA FA 304 AFUI (FR6"XS - 50370 2.49 S ]49 S RFiILU:kS^..\/ 514750' _ 39 400 EA _ T9920 _ 512.950 f 39.25 / S 39, 23 CF bIF„NT, Ql41 R7 -"f9 520 CON'Dl4'T PI'C SC1310_~ _ 51870 _ _ 2,000 - S 36. / f 36.40 J0. FT „S 3.00 ! S 300 . 2,15o 0 FT - CO,\UI'll',]1/2".\10' COND}'IT. 7" X 10 - - 50.950 308^0 _ 1 + S 75.17 1 50 56 05 _ _ S ALIS I ~ f 62,60 - - " 6 M0 PkIt'1\'C No_ 0 FERED 0' f 53.21 i _ JIBS PRICE1 5 - - 1130,854100 3121,770.85 1 f143,9J4,65 __J 4 i :BIUrf 1476 ' BID NANIF. PVC('ON UI'1I h MIMIIR W'ESCO DE I.ERS A(( S5OR1,9 ADertdoNo., ~J OPEN DAl F. FEBRUARY 21,19% t.pend2 Nri PAGE IOF'2 M ES1".QTY DESCRIPFION VEN'IOR ~ -VENDOR Y£ I) OR " FIRM I I'EAR FIRM I YEAR FIRM I EAR. I CONDUIT P{ C SCSI 10 1. 30,000 FT CON'DI IT 6 X 70' S15001 PRICING NOT 51 590 I l 30,000 ET CON"Di'IT J' X201 SO )SO PER SO N33 - - 3. 5011 kT CONDi'TT 3" X 10' SO E90 ADDENDIfM 50.687 1. 30,000 FT COMA IT, 2 IA" X 20' f0_S80' $0,525 S. 6,0011 }T CONDUIT, 7 IB" X 10' SO.SAO _ S0S73 6 30,000 F7 CgNDUIT 2 X 70' $0 380 $0.32-1 ~7. 6,000 FT CONDUIT 2 %10' SO 3801I SO 325 L 200110 FT CONDUIT I x 10' 50100` _ S0 166 L 9. 600!A COUPLING 6" $5170 •S3701 _ 00000 10 100 EA COt,PLLNG,6" SLIP 510.2I0 511.667 - I I 6011 FA COUP[ ING J $1.570 "51I 1J8 IZ 150 EA COl'PLINCI S1.1P S1670f Sb 547 13 10 EA _ COUPII\G3" _ 50.86] 1-4.- -sDo IT 5, 1.000 EA 1000 EA C r G COUPLIN, I rs' - - L70 - '50148 36 1_ $0 ,125 N SO F.A ELBOWb \90 521190f - 316861 18 50 EA ELBOW 6 x 15 515.480 $11605 J _EL_ - 19 50 F.A BOW b" -x 33 IR 36 RADIUS 515,900 S21.1151 20. 150 EA ELBOW, 4" X9036 RADIUS 517.390 StI 044 11 SO EA ELBOW 4 X90 $7.1 0 ".314 12. 50 EA ELBOW,/"%45 56.620 55.166 23. 50 EA ELBOW. 4" X 21 272 55.840 52450 21. 10 EA ELBOW 3"X9036 RADIUS $12.160 _ 59.789 25. SD EA ELBOW 7 In' X9016 RADIUS 59.)70 56.956 26 10 EA EL,ROW, 3 X90 SA. 120 53 665 2_7 l0 - r _ CA LLBOH 3 X 'i5 53.410 SSJ46 71 600 EA ELB0W',21R'%90 S113C0 511151 - - 29 IW EA EI BOIY,1 Itl X45 53340 $1.963 t_-- 1 - I - - JO 250EA ELBOW 2" X9036 RAD3[S 56.Im _ S4045 _ )1 600 EA _ ELBOW 7 X90 51.300 $0991 _ ]2 200 A EI BOW_ , 2 X 15 _ S1.330~--_ S1.063 v []3 600 EA ELBOW , l x90 50.500 SO .361 '34 80 EA PLUG 6 SLJ80 $1 .335 10 EA PIXG,S" 51.200 51.193_ 36 80 EA P{.UG 1 50.900 {37 f0789 IDEA RFDUCER6 x5 SIJ.000F i NB . _.a 79 _ 400 F.A _ _ CCBfE T QU [RT_ - _ $10.480 pl - ,8SJ.976 CONDUIT P\ C SCII to I 40 21000 FT CO:ND[IIT, 2 10 X 10' 50.900 S0097 1 11 215,00 FT CONDUIT 1 %10' -50,589 S0.4S9 6 MO PRICING NOT OFFERED I WOMEN -6000 A MIN TOTAL 5140,376,000 5121,A23710~ SffiPOR *F'RT EXPIR, D !ARCH !9 i996 CITY COUNCIL REPORT LA:end No. em TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID #1877 - DISTRIBUTION TRANSFORMERS I RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidders: ITEM DESCRIPTION VENDOR QTY I. 100KVA PREFERRED SALES 5 UNIT PRICE 2. 167KVA PREFERRED SALES 5 $ 1,388 EA 3. 150KVA TECHLINE $ 2,021 EA 4, 300KVA WESCO 5 $ 3,520 EA 5. 300 KVA WESCO 2 $ 4,800 EA 6. 750KVA 2 $ 4,650 EA TECHLINE 1 $ 7,680 EA 7. 1000KVA TECHLINE 1 8. 2000KVA TECHLINE $ 9,223 EA Total bid award of $84,721.00 1 $14,273 EA SUMMARY: This bid is for the purchase of distribution transformers to be used in new construction in various areas of the city and for maintenance and operations stock. The low bid is determined using the load loss equation to figure the cost of purchase and cost of operation. Seven bid proposals were received in response to twenty-two bid packages mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum from Don McLaughlin dated March 4, 1996. PROGRAMS, DEPARTAIENTS.OR GROUPS, AFFECTED: Electric Distribution, Electric Utilities, Electric Customers of the City of Denton. FISCAL IMPACT: 1996 Budgeted funds for Electric Distribution forTransfomiers, Account #610- 103-1031-9222. Res ly submi led: Rick Svehla Prepared by: n Acting City Manager Name: Denise Flarpool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 714,AGENDA C A a Blob 1{71 _ I - -I- - - 61D\. IE DISTRIBCTIO% TECHLINE MIPLE DEALERS POKER KBS PRIESTE0. PREFERRED K'ESCO TRANSFORMERS SUPPLY OPEN" T FEBRL'AR\' 17,[996 SUPPLE SALES ' l , I M i DESCRIPTIOV__ \'EN"'DOR J \'EN" DOK 1E,\DOR i- YEYDOR....-~ 5'E\DOR VE\DOR \EN"'DOR- _-\`ENDCSR I. S ~ TRANSFORMER. PAD>fOC\T, ~ DO KVA 120/1401, LOOP I PHIS E f2,66/,0032,32200 S3489.34 i $1,494m $1,458.00 1 fia6i 00~_ --mum. 2. SE CHw TRANSFORMER, PAD\IOLN"T, 1.67 K\A, 1101340 A, LOOP I PH n - ISE $2 07700, SB S9,2S6.19 NO 17,06400 S196000l 52,07 LDO 31,670.00 2 f 1I S. JA TRANSFORMER. PAD\IOIN"T, , j 1.40 K% A. 1704106V LOOPS PHASE S) 12000 54,69/.00 H,971.62; S5,299.D01 ,717.00t ft 1 DO 51 $3 973 001 23,700. DO 4. 7EACM TRANSFORMER, PADMOL'IT I , I 700 KV 1201706V LOOP 3 PRISE $5.731.00S5,70S St 36,069.00,1. $1,516.00f3,QS.00 f5J79.00 A_ t H'100,00~ A 7__._.EACH TRANSFORMER, PADMOLNT, 1 _ 300 K'V'A, 277l490V LOOP 3 PHASE $4,949 001 55,164.00 S!, 502.51.1__- $5.157.00 53,219,00 K,{ --F------ 1 _ _ 56669 D035,261,00 L-------- 6. [EACH 7SONA 2777R460V LOOP 3 PHASE 31,660.00 59.751 1 00: $9,49739. 1 310,13{_00 ,$9,66600 _.-..,_3949000 S6,171.004 ~ _ . 56,130.00, ; 7. IEACF[ TFLANSFORMER,PADMOL _ S91223 DO _.---a--- f10,533.00 ~ fl4,11673$1-1,906.00 $11,753.00 SII 1.1.0011 0011 1. IEACH PADNIUNT,IDDO K\A $14,273.00, !16/12.001 S16,79LIM 316348 DO, COOPER Si7_SOAOIT !11,000,00 I. i..-----J~ ---i $17,252.00 KEL S_ ATLANTIC GEC CE%TRAL 6LIL. - '1fA _.NC__FACTLRER !10µ'A/10 IN D. I _ CL POKER 3I ST AI,ST310\I COOPER PAL DELIY[R2' SCHEDCLF. 56I26 D,1Y5 1 SE E,~CEPTIO.V 1391 DAPS _70.M DAPS I0•20 KICS,_ 1 . 11.21 KKS 1-14 %KS.,_~-__'7.f ~ I L M AQeId~ No P10 Date ADends item Date CITY OF DENTON MUNICIPAL UTILITIES 901-A TEXAS STREET DENTON. TEXAS 76201 To: Denise Harpool, Senior Buyer From: Don McLaughlin, Senior En neer Electric Engineering Ggie 14 , Date: March 4, 1996 Subject: Evaluation of Quotation on bid # 1877 The 100 KVA and 167 KVA 120/240 volt, single phase, pad-mounted transformers are for Cooper Glen Apartments on North Locust and possibly Walden Pond on State School Road. The Utility Staff recommends awarding the bid to the low bidder, Preferred Sales. The 150 KVA 120/208 volt, three phase, pad-mounted transformers are for a car wash on Sadau Court; Oakmont Village on Lillian Miller; Autozone on Dallas Drive; and operation and maintenance. The Utility Staff recommends awarding the bid to the low bidder, Techline. The 300 KVA 120/208, 300 KVA 277/480, 750 KVA 277/480, 1000 KVA 277/480 volt, three phase, pad-mounted transformers are for maintenance and operations. The Utility Staff recommends awarding the bid to the low bidders. 1:hs low bidder for the 300 KVA 120/208 and 300 KVA 277/480, pad-mounted transformers was WESCO. The low bidder for the 750 and 1000 KVA 277/480, pad- mounted transformers was Techline. The 2000 KVA 277/480 volt, three phase, pad-mounted transformer is for a proposed warehouse on Airport Road. The utility staff recommends awarding the bid to the low bidder, Te-hline. DM/jw 03046007 Attachments i I 'Dedicated to Quality Service" r J 1 A~enea flo. O^0 A9eaAa h:n EXHIBIT II FOR BID 1877 1 _ITEM DESCRIPTION _QUANTITY DISTRIBUTOR MANUFACTURER PRICE_ TOTAL - - ITEM 1 100 KVA 1202401 Phase UG 5 Preferred Centra! - 31 388 , S8L940 ITEM 2 167 KVA 120240 1 Phase UG 5 Preferred Central 2021 $10 105 ITEM 3 150 KVA 1202208 3 Phase UG 5 Techlme Howard$3,520 _ :17,600 ITEM 4 300 KVA 120/208 3 Phase UG 2 WESCO AB8 $4,800 $9,6W ITEM 5 300 KVA 2771460 3 Phase UG 2 WESCO ABB $4 650 $9,300 ITEM B 750 KVA 2771480 3 Phase UG 1 Techline Howard _ _ _ S7,&BO $7,680 ITEM 7 1000 KVA 277/480 3 Phase UG _ 1 Techline Howard $9223 $9223 IEM 8 2000 KVA 2771480 3 Phase UG 1 Techline Howard $14 273 $14,273- 1 TOTAL COST_-_ $84,721 HOOL EAE ENG-31TR { Agenda Mo. Dare ~ EXHIBIT I FOR BID 1877 -PAGE 1 Item Y Loss/Cost Evaluation of Frve 100 KVA, 120/240 Volt Padmounted Loop Single Phase Transformer MADE NL LL TL BID CAL, DELNERY BIDDER _ BY _ LOSSES LOSSES LOSSES COST COST DAYS KBS Electrical KBS 196 686 6 _ 882 $1494 $9,541 70 Power Su No Bid - - -"0 - 77*9' 2. Pnester- Cooper-- 196 i7ff 7 986 1162 ~ _•57,458 510.669 _ " A _77 Techfine _ Howard 192 712 _ 904 51 L. -668 310 204 _ _ 77 Tee GE _ - 54 _ _961 1015 21 22 S 12 302 _ 40 ~WESCO ABB - _ 167 ___939 _ 1106 _ _$1.275 $9.613 63 LOW 61D,_ $9 982 Item 2: LosslCost Evaluation of Five 167 KVA, 120(240 VO Padmounted Loop Single Phase Transformer MADE NIL LL TL BID 'AL. DELNERY BIDDER BY LOSSES -LOSSES LOSSES -COST C,-AT DAYS KBS Electrical KBS _ 266 1268 -1532 _ $2,064 t? , 467 70 Power Su No Bid - - Prester Coo r 266 1266 11532 $1,980 _$14,183 _ 7 Techfine Howard _ 297 _ 1168 1465 x2,077 __AU 361 - - - 77 Temple No Bid 0 - WESCO ABA 241 -_1891 2132 --a1 650 -515 463 -63 LOWBID-- 513,438 Item 3: Loss /Cost Evaluation of Five 150 KVA, 120/206 Volt Padmounted Loop Three Phase Transformer AQE NL LL TL BIL DELIVERY BY LOSSES LOSSES LOSSESCOST KBS 406 17 1713 5140 Per up GES Alsthom 500 2300 2800 59 359 84 Preferred Pauwels 283 3 8 5362 84 Prfester Coo r 406 1307 1713 $1.758 147 J Tem WESCO s. PIa - GE _ 283 1123 1406 _ $4,694,, $21 779 g0 ABB -378 _-1275 1651 53 700 $19 876 63 SLOW BID_ - $18,905 04 -Mar-96 09 37 AM HWOMEIE_ENG31TRANX181B771B1877.WK3 4 i gpenda IJp, f f Date EXHIBIT I FOR BID 1877 PAGE a. Item 4. Loss J Cost Evaluation of Two 300 KVA, 120208 Vok Pad Mounted Single Phase Transformer L TL BID CAL. DELIVERY LMADENL JE _ BIDDER SES LOSSES COST COST DAYS KBS ElecMcat 2059 2753 35,548 $31,054 140 Power Su5350 $6,669 43 096 84 Preferred 2445 2963 1 84 P6ester 2059 2753 $5,435 $30,672 147 Techline 2292 77- 828 69126 Tem a 2284 2771 $5 783 $30,836 90 LO W BID 528,117 Item 5: Loss J Cost Evaluation of Two 300 KVA, 277!480 VoR Pad Mounted Three Phase Transformer NL LL TL BID CAL. DELNERY - BIDDER LOSSES LOSSES LOSSESCOSTCOSTDAYS KBS 6 ectrical 875 1973 2648 55,264 529,6&3_ 140 LGES Power Su 700 4200 4900 $6,669 _ 1,671 gq Preferred 510 2246 2756 `$5,279 5204 84 est Prer 675 1973 2648 157 $29302 147 Tchline 493 2254 2737 54,949 32940 126 Tem a 31 242$5 464 $29 406 90 LOW BID- - 527316 Item 6: Loss J Cost Evaluation of One 750 KVA, 2771480 Voll Pad Mounted Three Phase Transformer MADE NL LL TL BID-_ CAL DELNERY - BIDDER BY - LOSSES LOSSES _ LOSSES COST- COST DAYS - - KBS Etectrfcal KB5 1064 6221 _ 6285 _ _ 59 686 -558 134 14D Povver Su GES A'sthom 1656--- 6000 9600 510 438 873 941 84 Preferred Pauwels 885 5574 6459 5609 557,500 _ Bq JEo r Coo r 1064 5221 6285 99 490 557 472 -147 [Temple GE 1038 5041 t='a&M 6079 S9 354 56,226 90 ABB 1086 5034 6120 58750 _559595 _ 63 LOW BID 552,085- 04-Mar-96 09:37 AM H: W OME1E_ENG3ITRANX181877V 877. VVK3 I Agenda No . 03% J_1. EXHIBIT I FOR BID 1877 PAGE 3 Item 7. Loss I Cost Evaluation of One 1000 KVA, 2771480 Volt Padmounted Loop Three Phase Transformer LL TL BID CAL DELNERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KBS Electrical K9S 1403 `6695 8098 L11,553 S71 936 T40 PaverSupp - GES Alsthom -_1700 10200 11900 $11 908 586 708 - - - Preferred _ Pauwels - - - 64 1044 7749 8793 8793 59609 _$65,712 98 Nester Coo er 1403 6695 AMR • 511319 $i1,i45 _ 147 , Tern a GE _ 1131 6828 7959 510 533 566E 44 .x 90 WESCO AN 1193 6282 i 7475 510500 56',320 63 LOW SID _$61,788 Rom 8: Loss / Cost Evaluation of One 2,000 KVA, 2771480 Volt Padmounted Loop Thre Phase Transformer MADE NL LL TL BID CAL. DELIVERY _BIDDER _ BY LOSSES LOSSES LOSSES _COST COST DAYS KSS Electrical K9S 2488 % 2645 15133 _ $17232 $119610 140 Power Su GESAlsthom_ 3000 18500 21500 ~E18,348 $145,586 84 Preferred Pauwels 1896 12422 14318 $17,350 $113,771 _ 96 Priester Coo r 2488 12645 15133 $16883 117830.649 147 Temple GE 2175 10561 12738 518,811 5115141 90 WESCO ABB _ - 2118 11586 13704 _517000 5111,790 63 LOW BID $108,069 04-Mar-96 09:37 AM H:WOMEtE_ENG3ITRANX1B18771B1877 WK3 I r a DACE: MARCH 19, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council 4~r"I, NO FROM: Rick Sveh'a, Acting City Manager L h SUBJECT: BID # 1879. POLE INSPECTION AND TREATMENT RECOAVVIENDATION: We recommend this bid be awarded to the low bidder, Osmose Wood Preserving Co., at the unit prices listed below: POLE INSPECTION & GROUNDLINE TREATMENT PRICE IA. TREATED POLE (INCLUDES C BELOW) $21.59 * ]B. REJECTED POLE (INCLUDES C BELOW) $16.31 * 1C. REPORTED POLE $ 1.30 1 D. HOLLOW HEART INTERNAL TREATMENT (AS $ 6.48 REQUIRED) I E. FUMIGANT TREATMENT (AS REQUIRED) $ 4.65 1 F. TREATED REJECT POLE (INCLUDES C ABOVE) $ 16.31 IG. WORK SUMMARY N/C ` POLE itEINFOItCEMENT.- A. REPORTED POLE N/C B. REJECTED POLE FOR REINFORCEMENT $ 28.00 C.* REINFORCED POLE DIST. $285.00 TRANS. $565.00 * 50 FT OR TALLER +$2.79 SOUND & BORE = $2.53 Total estimated annual expenditure of $35,000.00. SUMMARY. This bid is for an annual contract for the testing and treatment of wood utility poles throughout the electrical distribution system. This testing will find inferior poles so they may be replaced and will treat good poles to prevent deterioration. Two bid proposals were received in response to seven bid packages mailed to vendors. BACKGROUND; Tabulation Sheet and Memorandum from Mark Boyd dated March 7, 1996. x a r L CITY COUNCIL REPORT MARCH 19, I996 A4enda No M-- PROGRAMS, PAGE 2 OF 2 A:nda IteDatc DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution, Flectric Utilities, Electric Customers of the City of Denton. FISCAL IMPACT: Budgeted funds for 1996 for Electric Distribution Pole Treatment; Account 4610-103-1031.8338. Respectfully submitted: Ric QSvehla Acting City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: Name: Tom D. haw, CPM Title: Purchasing Agent 720.AGENDA r 1 BID k 1879 BID NAME !'o POLE INSPECTION & POLE TREATM1IEN7' MAINT. OPEN DATE FEBRUARY 29, 1996 CO. DESCRIPTION CO- - - VENDOR VENDOR POLE INSPECTION &GROUNDLINE TREATMENT A. TREATED POLE {INCLUDES C BELOW+- S30.00 B. REJECTED POLE (INCLUDES C BELOW) $25.00 - - $16.31 C. REPORTED POLE D. HOLLOW HEART INTERNAL - _TREATMENT (AS REQUIRED 510.00 56.48 I- _FUMIGANTTREATMENTASREQUIRED) 59.00 F. TREATED REJECT POLE (I CLUDES C ABOVE 530,00 $16.31 G. WORK SUMMARY POLE REINFORCEMENT N!C N!C A.. REPORTED POLE $25.00 - N/C B. REJECTED POLE FOR REINFORCEMENT _ 528.00 575.00 Cam. SEE CHART DIST. $285.00 _ REINFORCED POLE IN 81D TRANS. 5565.00 __!_-_SIZE REINFORCER PRICE EACH REINFORCER 'ADDS PER REINFORCER FOR POLES WHICH ARE 100 FT OR MORE FROM A 57500 $41.00 PUBLIC ROA D ADDENDUM YES YES ADD SO FT OR TALLER+$2.79 SOUND & BORE a $2.53 4 t c 4pernla Ila 96 1: 55 3 - ~-7Q CITY OF DENTON MUNICIPAL UTILITIES 90 t,A TEXAS STREET DENTON. TEXAS 76201 M E M O R A N D U M TO. Denise Harpool, Senior Buyer, Purchasing Dept. FROM: ~ht~ Mark Boyd, Electric Distribution Foreman DATE: March 7, 1946 SUBJECT: BID #1879 (POLE INSPECTION) aaaammmaeaamaa:msm~aaaceammamtrmmaamaemmasaasmaamamma:aaaama=aa~aa Please accept the low bid for pole inspection for $35,000. Osmose Wood Preserving Co. was the low bidder in all areas. The work is needed to treat the poles and help prevent deterioration from insects and rot. The contractors will also locate any nquestionable" or rotted poles and inform the Electric Distribution Department. This department is working towards getting all wood poles inspected on a 7 year rotating basis to insure the integrity of the electric system. MB:lw 03046002 cc: R.E. Nelson "Dedicated to Quality Service" +tcu+d~ Ntr. ~ `1 k+~+ tblll o~_ 3-la ;aL, ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE. AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION]. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1858 C.D. MCKAMIE $ 23,000.00 SECTION H. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 1H. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. s j aoenda No . 4-'-'43 1!:n OV- SECTION IV. That upon acceptance and approval of the above competltlve bids and the execution of contracts for the public works and improvements as authorized herein, the City Couecil hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION-V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _-_.___-_-,1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:. CONTRACT.DOC 'v 1 F I 17dtf Z"2 , 1 CITY COUNCIL REPORT L. 3-, TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID # 1858-REROOFING AT CENTRAL FIRE STATION RECOMMENDATIOX- We recommend this bid be awarded to 0he second lowest bidder, C. D. McKamie, in the amount of $23,000.00. SUMMARY: This bid is for all labor and materials necessary in replacing the roof on a section of Central Fire Station. The low bidder has not responded to our contracts or to our phone calls, making him non-responsive. McKamie has done roofing projects for the city in the past and is a very good contractor. BACKGROUND; Tabulation Sheet, Memorandum from Bruce Henington dated March 12, 1996, Letter from Mike Barton dated March 12, 1996. PROGRAMS, DEPARTMENTS OR_GROUPS AFFECTED: Fire Department, City of Denton. FISCAL IMPACT: Budgeted funds to reopen Central Fire Station; Account #100-060-0051.9102. Respectfully submitted: i2o Rick Svehla Acting City Manager Prepared by: J Name: Denise Harpool Title: Senior Buyer Approved: Name: Tom D. Shaw, CPM Title: Purchasing Agent 71S.AGENDA t 1858 _ ID # CEI JEFF SUN D E ' REROOFING CENTRAL ROOF CD FIRE STATION MASTER MCKAMIE ROOFING ROBANK CO RMERCIAL FING TE FEBRUARY 6, 1996 CO. INC. INC N-TIT VENDOR VENDOR t VENDOR VENDOR VENDOR Y -t DESCRIPTION $13,340.001 11 $23,000.00_ $33,894_00JL_. _$30,300.00 $24,976.00 TOTAL 4`13, o ( - _ $4.50- --SF a $8.00 SF $5.00 SF $6.00-SF- $ DECK $9.00 SF - - - NAILERS $2.50 LF $2.60 LF $2.60 LF $4.00 LF $2.60 Lf _ 4- ~ ' 800 EA 51000 EA_ _ $500 EA _ - , 650 EA $600 EA$ "ROOF DRAINS 4" DRAIN LINE $18.60 LF $21.00 LF { $26.00 LF $1800 LF $W700.LF__ O.T _ $17.60 $21.00 $ 10.00 - - - - + - - r - $30.00 $17.60 _ - - - I ` !k I I I ~A~peedaNo ApoQa Rem Date I CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. WKINNEY DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2629 MEMORANDUM TO: Denise Harpool, Senior Buyer FROM: Bruce Henington, Facilities Manager DATE: March 12, 1996 SUBJECT: Central Fire Station Roof Renovation it is my recommendation, since the first low bidder was unresponsive, that we award the bid/contract to the next lowest bidder being C.D. McKamie Company. It is very important that we proceed as soon as possible in order to open the Central Fire Station without delay. C.D. McKamie Company is a very responsible and capable company providing a 15 year manufacturer's warranty, and should be able to complete the project on time and with quality. Bruce Henington, FM 3336.fm "Dedicated to Qualify Sen'ire" 03~12/F596 12:36 214-241-8921 ARWO INDUSTRIES PAGE ~ API .1 L O;a 0 /PIRRM O March 12, 1996 3003 LBJ FRWY., SUITE 237 DALLAS, TEXAS 76234 214/243.5441 Ms. Denise Harpool Purchasing City of Denton 441.8 Texas Street Denton, TX 76201 RE: Bidder Selection for Central Fire Station Dear Ms. Harpool: We recommend that the City of Denton award the Central Fire Station roofing project to the second lowest bidder, C.D. WK-mle Company. The reason for choosing the second lowest bidder is that the lowest bidder has been nonresponsive with insurance submittals, failing to comply with city requirements. The discrepancy between the lowest bid submitted and the other bids received Is believed to be due to the omission of the cost of insurance. This project consists of a small roof area that Is very labor intensive which reflects on Insurance requirements and cost Sin~cerel`y,. Mike Barton Regional Vice President MB/vb I ' R 4 i AWWs W LD O t 1a J1o+'.iido item 4 CITY COUNCIL REPORT Deg 3- TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: REVISION TO SOLE SOURCE ORDINANCE APPROVING EXPENDITURE TO COVEY LEADERSHIP CENTER RECOMMENDATION: We recommend that ordinance number 95-218 be revised to increase the dollar amount by $11,500.00. SUAVMARY: Ordinance number 95-218 and the subsequent purchase order #60409 were approved in the amount of $30,150.00 to Covey Leadership Center on November 7, 1995. This included 80 employee profiles and 200 manuals and training supplies for participants. The requested revision to the sole source ordinance would add 100 employee profiles at $115.00 eac;i. This would allow each participant to have a profile completed as they go through the "Seven Habits of Highly Effective People "training. The completion of the employee profile adds significant value to the training program's overall effectiveness. BACKGROUND: Ordinance 95-218 and revised purchase order #60409 to Covey Leadership Center. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Employees of the City of Denton. FISCAL_iMPACT: This revision will be funded from the special services funds in the 1995/96 budget; Account # 100-041-020M-8502. Respectfully submitted: . Rick Svehla A roved: Acting City Manager r Tom D Shaw, CPM Title: Purchasing Agent 729.ACENDA I%cnda No ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR MOUNT_ 60409 COVEY LEADERSHIP CENTER $30,150.00 SECTION II. That the acceptance and approval of the above items shall 'no nstitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III. That the City Manager is hereby authorized to execute ane an ontracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. a a )q Zq(fi SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -Ap"- day of 1995. BOB "-l-BERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: "ec- - s r 1 PURCHASE ORDER NO: 60409 THIS IS A XXX ber must appear on an CONFIRMING ORDER JN- livery slips, cases, (IF MARKED) s, packing sups and bins. DO NOT DUPLICATE Bid No: Date: 03 11 96 Page No . O1 CITY OF DENTON TEXAS PURCHASiNG DIVISION 1901-B TEXAS STREET I DENTON, TEXAS 7@201-4354 f _ 81 71383-7 100 D/FW METRO 817/267-0042 FAX 817/?b3-7302 6J///S Y LEADERSHIP CENTER tjo BOX 19008 DELIVERY CONFIRMATION ONLY C12 //YYJJ ADDRESS HUMAN RESOURCES (PERSONNEL) 0 UT 84605-9925 601 E HICKORY ST DENTON, TX 76205 ATTN: CUSTOMER SERVICE VENDOR NO. COV15000 DELIVERY QUOTED 11 01 95 FOB DESTINATION BUYER TS TERMS INE f1UANTITY IT DESCRIPTION UNIT PRICE AMOUNT 101 80.00 EA VENDOR CAT. # N / A MFG NAME 150.000 12,000.00 CITY # 92460 PROFILES FOR 95/96 COVEY TRAINING X02 200.00 EA VENDOR CAT. # N / A MFG NAME 90.000 18,000.00 CITY # 92460 MANUALS & SUPPLIES FOR PARTICIPANTS 303 150.00 S$ VENDOR CAT. # N / A MFG NAME 1.000 150.00 CITY # 96286 ESTIMATED SHIPPING CHARGES 104 100.00 EA VENDOR CAT. # N / A MFG NAME 115.000 11,500.00 CITY # 92460 EMPLOYEE PROFILES P GE TOTAL t 41,650.00 OR ND TOTAL 1, 41,650%00 71 100 041 020M 8502 41,650.00 NDCB INSTRUCTIONS., 3. Terms - Net 30 w^r....+".,,e.. .r..+.a1 Send original invoice with duplicate copy, 4. Shipping instructions: F.O B Oesnnauon prepaid m,. , . •.....re,+.et Bill to • Accowta Payable 5. No federal or stele sales tax shall be included urChaf ing +wf pn 21S E. McKinney St. in prices billed, Depton, TX 76201-1299 PURCHASING a r ;odA 1'. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION .I. That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 60409 COVEY LEADERSHIP CENTER $41,650.00 SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. 6 .Y i It,:m SECTION IV. That this ordinance shall becoma effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996 I 1 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SOLE SOURCE S 4 I Apndi IM Ct(o AWds hMl DW ' 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR FEES TO FIRST SOUTHWEST COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contractual agreements with First Southwest Company, the City of Denton is required to the pay Arbitrage Fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION.]. That the expenditure of funds in the amount of $27,360.00 to be paid to First Southwest Company, is hereby authorized. SECTIONJI. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ FEE. ORD V J 4 D CITY COUNCIL REPORT L7~ I"n TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: CHECK REQUEST TO FIRST SOUTHWEST COMPANY RECOMMENDATION. We recommend the check request to First Southwest Company be approved in the amount of $27,360.00. SUMMARY; 'this check request to pay fees associated with arbitrage calculations for bond issues as listed on attached invoice number R1454. The payment of annual fees is in compliance with contractual agreements betw:en the City of Denton and First Southwest Company. The actual amount requires Council approval after receipt of a billing analysis and invoice. BACKGROUND: Check Request to First Southwest Company and Invoice PR 1454 from First Southwest Company. PROGRA lS, DEPARTAUNTS _OR GROUPS- AFFECTED: Finance Administration, Treasurer Operations and Bond Sales. FISCAL IMPACT: The funds for payment of this request will come from multiple accounts as listed on the check request totaling $27,360.00. Respectfully submitted: ±t~ Rick Svehla APPROVED: Acting City Manager .,y' Name: Tom D. Shaw, CPM Title: Purchasing Agent 71B.AGENDA J r; ti~m.a Ne r-- INVOICE - First Southwest Company, Arbitrage Rebate Compliance Services City of Denton Municipal Building 215 E. McKinney Denton, TX 76201 Attn: Mr. Harlan Jefferson Invoice Date: December 15, 1995 Invoice Number: R1454 Computational fee incurred in connection with the arbitrage calculations prepared for the attached detailed bond issue(s): Total Amount Due: $279360 Please remit payment to: FSrst Southwest Company 1700 Pacific Avenue, Suite 500 Dallas, Texas 75201 Attention: Terence P. Burke I r w / Agenda un _ CHECK REQUISITION -VOUCHE o:te PAY TO: Check Number First Southwest Company $27,360 1700 Pacific Avenue, Suite 500 Amount Dallas TX 75201 Treasury Department ATTN: Terrence Burke March 3 1996 Date INVOfCE GATE, NUMBER ANDW EXPLANATION ACCT. NO, NET INV. AMT. Per attached, fees associated with arbitrage 610-105-1051-9236-8502 $ 1,899.54 calculations: 620-081-0450-8502 2,851.05 2 5 5 1 .85 02 4 , 92 9 .4 1 625-082-0451-8502 4,929.41 ACCOUNTING: PLEASE WRITE CK. NUMBER 10 0 -042.024M-8997 6,000.00 ON WHITE COPY AND RETURN TO FINANCE 441-040-ARBI-0006-8547 2,000.00 441-0~0-ARBI-0006-8547 2,000.00 437-040-AR BI-0006-8 547 11680.00 446-040-ARBI-0006-8547 11568.00 722-025-0584-8502 432.00 449-040-ARBI-0006-8547 2,000.00 450-040-ARBI-0006-8547 2,000.00 TOTAL :27,360.00 The above has been reviawed and recommendation for payment ' made by the undersigned. Accounting Approval ulk, W, 2ik- Si afore City Manager Approval Director of Finance >s ,i Ap Aft tto. ' d l1 '`°M°' 3-1ci- -9 L* CITY OF DENTON, TEXAS 304 WOODROW LANE OENTON, TEXAS 76205 TELEPHONE (817) 383.7593 ANIMAL CONTROL/ CONSUMER HEALTH CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: February 22, 1996 SUBJECT: Interlocal Agreement between the City of Denton and the City of Corinth for the Holding and Disposition of Cats and Dogs RECOMMENDATIM Staff recommends the adoption of the ordinance. BABY: The agreement states that the City of Denton will provide certain services to the City of Corinth for the impoundment and disposition of animals brought to the City of Denton from the City of Corinth. The City will hold these animals for ninety-six (96) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals wilt be euthanasized or put up for adoption. The City will hold animals that are possible rabies suspects for ten (10) days, The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health. For these services the City of Corinth agrees to pay the fees set forth in the agreement. Six dollars ($6.00) per day per animal being held for the owner to claim. Seven dollars ($7.00) per day per animal being held for rabies observation r Fifteen dollars ($15.00) for each animal euthanasized Thirty-five dollars ($35.00) for each decapitation and shipment. "Dedrewed to (quality Service" 3 G i Agenlel' BACKGROUND Cato The City of Denton and the City of Corinth have had interlocal agreements for the holding and disposition of animals for the past five years The animals which have been brought to us from the City of Corinth have not caused conditions of over crowding at the animal control facility. Since most of the costs associated with housing animals are fixed costs accepting animals from the City of Corinth will not result in an increase in expenditures. PROGRAMS, ]DEPARTMENTS OR GROUPS AFFECTED Animal Control Division City of Corinth FISCAL IMPACT: It is estimated that the revenue from this program will be approximately two thousand filly dollars ($2,150.00). This amount was included in the revenue projections provided to you during the budget presentations for the current fiscal year. Respectfully submitted: -IaAl~ Rick Svehla Acting City Manager Prepared by: Nonie Nlalo-Kull Animal Control/Consumer Health Manager Approved by: ABetty:McK an, Exe utive Director Municipal Services/Economic Development COIN296 5 y f i i r, A COP:N'TH.A,M f--- 4~CC~, X11 ._..~7~_n •A✓~J_~ Oa~3.y~ r ORDINANCE NO. 1 AN GctDINAhCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT_ ION 1. That the Mayor is hereby authorized to execute an Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats ("Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein. SECTION II, That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agz-ement. SECTION III That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1996. B'OB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I I r, STATE OF TEXAS r- INTERLOCAL COOP Ti~gl~ COUNTY OF DENTON WHEREAS, the City of Denton, Texas and the City of Corinth, Texas, are both municipal corporations with the authority and power to contract; and WHEREAS, the City of Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, the City of Denton is the owner of certain vehicles, facilities and equipment designed for the transporting, holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the City of Corinth desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, and sore fully hereafter described, for the benefit of the residents of the city of Corinth, Texas; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental fwiction that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, the City of Corinth and the City of Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 991, the Interlocal Cooperation Act and contract pursuant thereto; NOM, THEREFORE, the City of Corinth and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: I. A. COVENANTS OF THE CITY OF DENTON 1. Holding of QWs and Ata: The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the City of Corinth and to accept and hold dogs and cats brought to and released to the Center from residents of the incorporated areas of the City of Corinth under the following terms and conditions: Page 1 (a) Holding Period for DWS A Cats Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the ani- mal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within t:;e ninety-six (96) hour period, the ownership of the animal shall revert to the City of Denton and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. (b) Holding Fags for i~IQ ad.d nn es: For the purpose of this Agreement, the City of Denton will charge six dollars ($6.00) per day holding fee for each day that an animal is held at the Center. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. (c) Holding of Quarantined &.++w.+-: The City of Denton agrees to accept and hold rabid suspects in quaran- tine for the City of Corinth when conditions per- mit, and such action is authorized by a representa- tive of the City of Corinth. (d) Holding reta tor MiArAntined : The holding fee for quarantined animals shall be seven dollars ($7.00) per day for each day that the animal is held. (e) Head Shinaen a nd Ablan Teetiny; Upon request of the City of Corinth, the City of Denton will pro- vide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be thirty-five dollars ($35.00) for each head shipped. B. COVENANTS OF THE CITY OF CORINTH 1. Finan:ial Responsibility: of Denton for its costa •i curred under this Agreement,+ the City of Corinth agrees to pay for the holding fees and euthanasia fees on all dogs and cats received from the incorporated areas of the City of Corinth or its authorized agent if the animal(s) is not reclaimed by its Page 2 Y r owner. These fees will be assessed o tlt'PEilIt, basis- pile (a) Euthanized Animal $6.00 per day holding fee for four (4) days for each animal $24.00 $15.00 Euthanasia Fee $15.00 Total Fee $34.00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24.00 (c) Head Shipments $35.00 2. The City of Denton will collect impound fees from the owners of dogs and cats received from the incorporated areas of the City of Corinth. Impound fee monies will be applied to fees owed the City of Denton by the City of Corinth for animals not reclaimed by the owner. IMPOUND YRR let Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 3. The City of Corinth agrees payment shall be made within forty-five days (45) days of receipt of invoice by the City of Corinth. II. The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees, and agents, the City of Denton's subcontrac- tors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement with said City of Denton. The City of Corinth agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Corinth's employees, and agents, the City of Corinth's subcontractors, and/or contract laborers doing work under an agreement or contract with the City of Corinth in performance of this agreement with the City of Denton. It is further agreed that if claim or liability shall arise from the joint ar concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the Page 3 State of Texas. It is understood that it is not 4rpaLit7fei)yft the parties hereto to create liability for the ,e4Lthiz parties, but that this agreement Shall be for the parties hereto. enefit of thy; III. The fact that the City of Corinth and the City of Denton accept certain responsibilities relating to the collection and Impounding of dogs and cats under We agreement as a part of their responsibility for providing protection for the Public welfare and, therefore, makes it imperative that the pe health end these vital services be rec performance of that the doctrine of Giza as a governmental function and governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the City of Corinth waives or shall be deeaed hereby to waive, any immunity or defence that would otherwise be available to it against claims arising from the exercise of governmental functions. IV. The term of the agreement shall commence as of^ebruary 1, 1996 and and January 31, 1997. Thereafter, this agreement shall be renewed for successive additional one (1) year terms commencing on February 1 of each year if the City of Corinth and the City of Denton agree in writing on or before the first day of February to a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this agreement, upon thirty (30) days written notice to the other. V. This Agreement represents the entire and integrated agreement between the city of Denton and the City of Corinth and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City of Denton and the City of Corinth. VI. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Page 4 - r 5 tpe~ra 1~0 VII. R:erdagem - In the event that any portion of this agreeme to be contrary to law, it is the intent of the parties hereto that ` the remaining portions shall remain valid and in full force and ' effect to the extent possible. VIII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the day of 1996. CITY OF DENTON BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORK: CITYEATTOkNEYOUTY BY:, v4/ CITY OF CORINTH, TEXAS BY: S ATTEST: SHIRLEY SP BERG, MAYOR RR STIN GRA LAGER, C 'Y SECRETARY APPROVED AS TO LEGAL FORK ATTORNEY FOR THE CITY OF CORINTH BY: Page 5 i .q 1 + r 1i . i ApNtk 1U - O Do .349-916 CITY Of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E. McK1NNEY a DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 4344529 MEMORANDUM DATE: March 12, 1996 TO: Rick Svehla, Acting City Manager ®rt..- SUBJECT: FROM: Harlan L. Jefferson, Director of Fiscal Operations NOTICE OF INTENT TO SALE CERTIFICATES OF OBLIGATION This ordinance provides the NotiCe of Intent io Issue Certificates of Obligation for sale on Tuesday, May 7, 1996. The Certificates will provide funds of $5,190,000 for projects previously approved in the 1996-2000 Capital Improvement Program (CIP). j The general purpose of the funds is for the development of the new landfill along with associated projects, and renovations to the Municipal Building (i.e., City Hall). Attached is a copy of the notice which will be published on or before April 22, 1996. If you have any questions, please do not hesitate to contact me. HJ:a1 Attachment AFFO1122 I "Dedicated to Quality, Semice" - - s a ORDINANCE NO. 9& AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PR 0VYnTVtt RAN ICE D TE THE STATE OF TEXAS COUNTY OF DEMON CITY OF DENTON WIIEREAS, it is deemed necessary and advisable that Notice ofIntention to Issue Certificates of Obligation be given as hereinafter provided. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", the form and substance of which are hereby adopted and approved, and made a part of this Ordinance for all purposes. Section H. That the City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be published once a week for two consecutive weeks in a newspaper of general circulation in the City, with the date of the first publication to be at least fifteen (15) days before the date tentatively set for the passage of t.`,e Ordinance authorizing the issuance of such Certificates of Obligation. Section III. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 19th day of March, 1996. ATTEST: Bob Castleberry, Mayor Jennifer Walters, City Secretary By. APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By: III j ~..?nCJ I~ THE STATE OF TEXAS ozr; COUNTY OF DENTON CITY OF DENTC-N NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON THE CITY OF DENTON, in Denton County, Texas, hereby gives notice of its intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION, in accordance with the Certificate of Obligation Act of 1971, as amended and codified, and other applicable laws, in the maximum principal amount of $5,190,000 for the purpose of paying a1] or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase, construction and acquisition of certain real and personal property, to wit: (a) renovations to the Municipal Building (City Flail) and (b) certain real property for use in connection with the Citys landfill operations located on Edwards Road, and certain facilities and equipment related to the City's landfill operations, and also for the purpose of paying all or a portion of the City's contractual obligations for professional services of engineers, attorneys, and financial advisors in connection with the above contracts and said Certificates of Obligation. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from certain revenues derived by the City from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system). The City Council of the City tentatively proposes to authorize the issuance of such Certificates of Obligation at a meeting conunencing at 7:00 p.m. on the 7th day of May, 1996, in the City Council room at the Municipal Building (City Hall), 215 E. McKinney, Denton, Texas. CITY OF DENTON, TEXAS By Jennifer K, Walters, City Secretary r y 1 r i. s' ' Apend~ ltltl. ~ ` ~ ~ + . Apenda tbA - tTae CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E McKWNEYa DENTON, TEXAS 76201 MEMORANDUM (817) 566-8200 a DFW METRO 434.2529 DATE: March 12, 1996 TO: Rick Svehla, Acting City Manager FROM: Harlan L. Jefferson, Director of Fiscal OperationsA~ SUBJECT: NOTICE OF SALE OF GENERAL OBLIGATION BONDS This ordinance provides the Notice of Sale of General Obligation Bonds which will occur on Tuesday, May 7, 1996. The bonds will provide funding of $2,515,000 for three purposes (i.e., Street/Transportation projects - $1,500,000; Drainage projects -$715,000; and Parks & Recreation projects - $300,000). All of the projects were approved in the 1996.2000 Capital Improvements Program (CIP). The specific listing of items to be funded is as follows: DIN0. t D0ltcriptlon . Goat Drainage Enlarge culverts under Kerley and [wild 1000' channel $ 330,000 Drainage Add drainage capacity under Robertson. Eliminate flooding on Bell Reclamation of land from floodway downstream 260,000 Drainage Miscellaneous drainage capital improvement Phase 1 125,000 Parks Upgradelrenovate 14 parks Safety/ADA compliance, athletic fields, restrooms, lighting 300,000 StreetlTrans Build connections to existing sidewalks along Duncan, Smith, Kerley and lakey Streets 55,000 Street/Trans Half funding for right-of-way for loop 268 from Spencer Road to 1-35E 325,000 Street/Trans Right-of-way funding - Nottingham from (dingo to Paisley 260,000 Street/Trans Arterial turn lanes, Phase 1 111,000 Street/Trans Traffic signals, Phase I 109,000 StreetlTrans Street construction, Phase 1 550,000 Attached is a copy of the notice which will be published on or before April 22, 1996. If you have any questions, please do not hesitate to contact me. HJV A"#Ownerl AFF01121 "Dedicated to Quality Service" i J NOTICE ORDINANCE NO.96 i,. , N- AN ORDINANCE DIRECTING THE ISSUANCE AND PUIJ CA kn OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDIN .FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following form: OFFICIAL NOTICE OF LE CITY OF DENTON, TEXAS S2,515,000 GENERAL OBLIGATION BONDS SERIES 1996 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building, 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., C.D.T., Tuesday, May 7, 1996 for the purchase of 52.515 000 General Obligation Bonds, S s 1996 to be dated May 1, 1996, and to mature serially February 15 each year 1997 through 2016. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior to the date of sale. All sealed bids will be publicly opened and tabulated before the Council. Copies of the 'Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about April 23, 1996, and will be furnished to any prospective bidder upon request, by First Southwest Company, 500 First City Center, 1700 Pacific Ave., Dallas, Texas 75201, Financial Advisor to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. JENNIFER K. WALTERS City Secretary City of Denton, Texas a Section 11. That said Notice shall be published once in The Bond u yG~l.;maK` r York, which is a national publication regularly and primarily carrying ti al wv bond sale notices; and said Notice also shall be published once in the "Dent t ~ oco . which has been designated as the official newspaper of the City of Denton. ations shah be made at least thirty days prior to the day set for receiving bids. . Section M. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 19th day of March, 1996. Bob Castleberry, Mayor ATTEST: Jennifer Walters, City Secretary By: APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By. EAW4s fwA l- tq.gc., CITY of DEMTON, TEXAS MUNICIPAL BUILDING 215 E. WKINNEY DENTON, TEXAS 7620 f (817) 566-8200 DPW METRO 434.2529 MEMORANDUM DATE: March 12, 1996 TO: Rick Svehla, Acting City Manager i FROM: Harlan L. Jefferson, Director of Fiscal Operations / SUBJECT: NOTICE OF SALE OF REVENUE BONDS This ordinance provides the Notice of Sale of Revenue Bonds which will occur on Tuesday, May 7, 1996. The bonds will provide funding of $2,750,000 for 9 separate projects. All of the projects were approved in the 1996-2000 Capital Improvements Program (CIP). The specific listing of items to be funded is as follows: pESCRIPT101f PROJECTED COST Land purchase 9 600,000 Oversized sewer lines 100,000 Infiltration inflow correction 175,000 Cooper Creek lift station 275,000 Denton West Force Main 4 5, 000 Cooper Creek Upgrade Interceptor & 1/1 525,000 Barrow Lift Station 160,000 tlwy 344/380 sewer line relocation 815,000 Covered service vehicle pa.%ng 55,000 TOTAL $2,760,000 Attached is a copy of the notice which will be published on or before April 22, 1996. If you have any questions, please do riot hesitate to contact me. Hu: or Altxly ro is AFF01123 "Dedicate./ to Quality Semice" Agenda No. (0 1 Agenda Item Date 3 ORDINANCE N0.96- AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF _ SALE OF SAID BONDS- AND PROVIDING FOR AN E FE TIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council ofthe City of Denton, Texas, deems it necessary and advisable that the bonds hereinafter described be authurized, issued, sold, and delivered. TIM COUNCIL, OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the City Secretary is directed to cause the following notice to be published in the "Denton Record-Chronicle", which is a newspaper published in, and having general circulation in, the City of Denton, on the same day of each of two consecutive weeks, with the date of the first publication to be on or before April 22, 1996, being at least fifteen (15 days) prior to the date upon which the City Council intends to pass the Ordinance described in the following notice: "NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BOND, SERIES 1996A Notice is hereby given, in accordance with law, that the City Council of the City of Denton, Texas, intends to pass, at a t cgular Meeting to be held commencing at 7:00 p.m., on May 7, 1996, at the Municipal Building (City Hall), an Ordinance authorizing the issuance, sale, and delivery of an issue of bonds, to be evidenced initially by a single fully registered bond payable in installments, but convertible into definitive bonds in multiples of 55,000, to be designated as "City of Denton Utility System Revenue Bonds, Series 1996A", in the maximum principal amount of 52,750,000, to be secured by and payable from a first lien on and pledge of the "Pledged Revenues", which "Pledged Revenues" include initially the "Net Revenues" of the "System", with said "System" initially consisting of the City's entire existing combined waterworks, sanitary sewer, and electric light and power system all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially in installments within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid Ordinance. Said bonds will be authorized, issued, sold and delivered pursuant to Articles I I I Ib, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of obtaining money for improvements and extensions of the aforesaid "System". CITY OF DENTON, TEXAS' i Agenda No.-4L) --LJ1 Agenda Item Section If. That the Cit Secret Date ` y ary is directed to issue a Notice of Sa a of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $2,750,000 UTILITY SYSTEM REVENUE BONDS, SERIES 1996A The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building (City Hall), 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., CDT., Tuesday, May 7, f996 for the purchase of $2.73V. 00Mility Svstam R .venue Bonds Series 199 to be dated May 1, 1996, and to mature serially December I each year 1997 through 2016. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior the date of sale. All sealed bids will be publicly opened and tabulated before the Council. Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about April 23, 1996, and will be furnished to any prospective bidder upon request, by First Southwest Company, 500 First City Center, 1700 Pacific Avenue, Dallas, Texas 75201, Financia! Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. JENNIFER K. WALTERS City Secretary City of Denton, Texas I S 4 t F Agenj 1~+ ! Agen-- Date Section M. Thai said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once in the "Denton Record -Chronicle", which has been designated as the official newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for receiving bids. Section 1V. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 19th day of March, 1996. Bob Castleberry, Mayor ATTEST: Jennifer Walters, City Secretary By: APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By: I J t 1 Allende No. ` Agenda Item Date .3-- DATE: March 19, 1996 C1TY COUNCIL REPORT IFIQ r y TO: Mayor and Members of City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Consider adoption of an ordinance annexing and zoning a tract of 11.34 acres located east of Mayhill Road and north of Blagg Road (A-69) RECOl NIENDA 1 N• Planning and Zoning Commission recommends approval. (6-0) 5lJIAWAl The City is proposing to annex a tract of 11.34 acres located east of Mayhill Road and north of Blagg Road as shown on site map included in attachment #1. section 34-35 of the Code of Ordinances requires city staff to assess on a case-bY-case basis, the annexation of areas located in the extraterritorial jurisdiction (ETJ) when significant developments are proposed, occurring or likely to occur in the near future. Staff initiated an annexation study following the development of a 23,200 square feet warehouse/office on a 2.36 acre tract being lot 1, Block A of the Rife Addition. The tract is to be zoned temporary Agriculture "A" zoning district classification at the time of annexation. State law requires that a service plan be prepared providing for the extension of municipal services to the site proposed for annexation. A copy of the service plan is included in the annexation ordinance. (Attachment #2) RACKS D The City repaved Mayhill Road in 1994 and currently has responsibility for maintenance. Existing water and waste water lines are located on the south east corner of Mayhill Road and University Drive, An existing lift station is located at Audra Lane and Mayhill Road. The construction of a 23,200 square feet warehouse/office facility will generate increased traffic volumes on Mayhill Road. There are six single family homes and a mobile home locatcd in the area. Annexation will ensure that all future development complies with policies of the Denton Development Plan and ordinances of the City of Denton. The Local Go%ennment Code requires that the City, hold a series of public hearings in order to complete the annexation process. Two public hearings were held before the City Council on January 2, and January 16, 1996 and no one spoke in opposition. The Planning and Page I T a F Agenda No, _O Agenda It nn Date Z01 :119 Commission considered this item on January 24, 1996 and voted 6 recommend approval. City Council considered the adoption (f•zt reading) of an annexation ordinance at its regular meeting on February 6, 1996 and voted 6 - 1 to approve. Letters were sent to all landowners informing them of the date, time and place of public hearings as approved by City Council. WCAL IMPACT: The taxable values of personal and real property on the Mayhill/Blagg site is $1,205,822 with an estimated city tax benefit of about $6,500 based on the 1995 tax rate. The City of Denton will provide municipal services including fire and EMS, police, solid waste collection, animal control, planning and development and library services based on current budgeted resources at no additional cost. Respec submi d: Rick Svehla Prepared by: Acting City Manager Harry N. ersaud, MRTPI, AICP Senior Planner Ap r ved I Frank H. Ro bins, AICP Executive Director for Planning and Development Attachment #1: Site map showing area north of Blagg Road and cast of MayhilI Road, Attachment #2: Ordinance Attachment #3: Annexation schedule i Attachment #4: P&Z Minutes January 24, 1996. Page 2 1 4 1 ATTACHMENT ~roposed Annexation (A-69) U,- a ° q `00 p i ~Q ' I p p~ a d US KwY 377 6 360 p~ o ❑ L.A~ Q s co r aj 0 O IJi I L~ -IAA I ~ J I I i I ` O < Rife Addition C I ~ a 1I II1 ' 1 I I III ~ ~ + Ir-~----- 6lAGCa 1 1 AUDRA I~ .3. c i 3f a', % Agenda No. ATTACHMENT 2 Agenda Item Date NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 11.34 ACRES, LOCATED EAST OF MAYHILL ROAD AND NORTH OF BLAGG ROAD; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A," AGRICULTURAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to exten3 its City limits line to include the 11.34 acre trace as describe3 in exhibit "A"; and WHEREAS, public hearings were held in the Council Chambers on January 2, 1996, and January 16, 1996, (both days being on or after the 40th day but before the 20th day before the date of institution 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 herein by the introduction of this ordinance at a meeting of the City Council on February 6, 1996; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION Ic That the tract of land described in exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION II: That the service plan attached as exhibit "B" and incorporated by reference, which provides for the extension of municipal services to r_he annexed property, is approved as part of this ordinance. SECTIONII: That, pursuant to §35-15 (a) of the Code of Ordinances of the City of Denton, Texas, the annexed property is temporarily classified as "A," agricultural district, until permanent zoning is established by the city council. SECTION IV: That the City's official zoning map is amended to show the temporary "A" agricultural district classification of the property annexed. I SECTION V: Should any part of this ordinance be held illegal for any reason, the holding shall not affec~ the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. i V ,f F Agenda No. D Agenda Item Date ^ If 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 city, 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 if the excluded area were expressly described in this ordinance. SECTION VI: 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 dist4nct offense. SECTION VII• That this ordinance shall become effective fourteen {19} 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 1996 BOB CASTLEHERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY I 5~ r AgenAND, AgenDate EXHIBIT ALL that certain lot, tract, or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the Moreau folForrelowsst. Survey, Abstract 417, and more particularly described as BEGINNING at a point in the existing city limits, as described in Ordinance 65-43 (Tract 1), said point also lying on the west line of said Forrest survey, and being 660 feet south of and perpendicular to the center line of U.S. Highway 380 (University Drive), and in the center of a north/south road (known as Mayhill); THENCE northeasterly along said city feet southeasterly of and parallel tthe center line of1U S. Hi 660 380 (University Drive), a distance of 414 feet, more or less, to a for corner, said point being the northerly extended east line of tract to Henry Rife referenced as Tract point Two b deed corded Page 840 of the Real Property Reco d s of DentoneCounty, in volume 2430, THENCE south q Y. Texas; tract a , passin the northeast corner of the above referred Rife and continuing a total distance of 1244 feet, more or less, to a point for corner, said point lying on the north right-of-way line of Blagg Road; THENCE west along the north right-of-way line of Blagg Road east right-of-way line of Mayhill road at 377.5 feet, more or less, ind continuing a total distance of ~ Passing the , to the centerline of Mayhill road to a point r said 407'5 feet, more or less the west line of said Forrest Survey andfin thenexist ng city limit line as established by Ordinance 65-43 (Tract 1); point lying on THENCE POINT OF BEGINNING a d conta nling 12 34facres ofeland more more or less. 10/12/95 AEE004CB 8R r v Agenda No. Agenda Item Date EXHIBIT -5, SERVICE PT, (A-69) CASE A-69 AREA: 11.34 acres LOCATION: East of Mayhill Road and north of Blagg Road A. Police Services L Patrolling, response to calls, and other routine ser* ices will be provided nn the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. B. Fire protection and Emergency Medical Services (EMS) 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. I 2. Upon ultimate development of the area, the same level of fire and emergency i ambulance services will be provided to this area as are furnished to comparable areas within the City. C. Water/Wastewater Services Water and wastewater services will be extended to the property in accordance to the City's master utility plan and Section 34-1 IS of the Denton Code of Ordinances. Developers shall pay the actual cost of all i+ater and sewer main extensions, lift stations and other necessary facilities req::ired to serve their development in accordance with the Ciq's roaster utility plan and the Subdivisi,)n and Land Development Regulations. The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. iT ~7 r e u S Agenda Ho. ~ ` AgendA tem Date N - Where watts or scAcr main extensions, lift stations, force mains or other necessary facilit;es 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 propert,• in accordance with then current policies of the City as to frequency, charges and so forth. E. Streets and Rgas 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation. 2. Routine maintenance of streets and roads will begin in the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the City. 3. Reconstruction and resurfacing of streets, installation of storiu 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. d. Traffic signals, signage and other traffic control devices will be installed as the need therefor is established by appropriate study and traffic standards. 5. Street and road lighting will be installed in the substantially developed areas in accordance with the established policies of the City. F. Environmental Health and Code Enforcement Services 2 Y C . RQefl~d No._ Agenda Item _ILL) Date I. 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 he adopted by the City, will be enforced within this area beginning !'aa the effective date of the annexation. Existing personnel twill 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 an•1 ordinances of the City as of the effective date of the annexation. 6. 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. Planning and Development ServIcec The zoning jurisdiction of the City is ill extend to the annexed area on the effective date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning district classification at the time of annexation. 1. Parks and Recreation Services Residents of the newly annexed area may use all recreation facilities, ine:ading 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 3 7 l Agenda No. 9 6 Agenda Item Date Electrical power will be made available to the site as required, at the same level of sen ice currently, being provided to comparable areas w ithin the City. K. Miscellancous Street names and signs is Ill 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 t Cpl The CIP of the City is prioritized by such policy guidelines as: 1. Demand for sers ices 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 overali cost-effectiveness of providing a specific facility or service. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This tract will be considered according to the same established criteria as all other areas of he City. a / E, { M I ATTACHMENT 3 Agenda No. Agenda Ilem Date ANN XAT10V ~CHEDII ~ : A:. ` November 7, 1995 City Council sets date, time and place for public hear;ngs. December 22, 1995 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepared, January 2, 1995 City Council holds-first pu )Iic hearing. Januarj 5, 1995 Notice published in Denton Record Chronicle for second public hearing. January 16, 1995 City Council holds second nubli t+aa January 24, 1995 Planning and Zoning Commission makes recommendation. February 6,1995 City Council institutes annexation. First Reading of Annexation ordinance. February 9, 1995 Publication of Annexation ordinance in Denton Record Chronicle. March 19, 1995 Final action by City Council. Second reading and adoption of the Annexation ordinance. Meetings in bold require 6 out of 7 votes of City Council ATTACHMENT 4 Agenda No, 1 ~ a~ Agend It Date bilN[1'TES PLANN NG AND ZON NG COINIAIISSION January 24, 1996 Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, January 24, 1995, and began at 5:00 p.m. in the City Council Chambers, 215 E. McKinney. Present: Mike Cochran, Katie Flemming, Guy Jones, Rudy Moreno, Bob Powell, Ellen Schertz, and Barbara Russell. Present from Staff: Frank Robbins, Director of Planning and Development; Jerry Drake, Assistant City Attorney; Owen Yost, Urban Planner; Walter Reeves, Urban Planner; David Salmon, Senior Civil Engineer; and Chris Rodriguez, Secretary. Meeting called to order at 5:02 p.m. 1. Consider approval of the minutes of the December 13, 1995 meeting. Ms. Russell: Are there any corrections to the minutes? Hearing no corrections the minutes shall be approved as presented. U. Hold a public hearing and consider making a recommendation to the City Council with regard to the annexation and zoning of a 11.34 acre tract located east of Mayhill Road and North of Blagg Road (A•69). Ms. Russell read the procedures for the public hearing and opened the public hearing. Mr. Persaud: There are three annexation cases on your agenda tonight. Staff visited with you the end of last year about this annexation. We are here again to get your r- ecommendation for the Ciry Council. So far in the process, we have had the first and second public hearings before the City Council. With regard to the annexation, 11.34 acres north of Blagg Road aid east of Mayhill Road, there has not been opposition to this annexation. We did send letters to all of the property owners notifying them of the dates for the public hearings. In our presentation to you on October 1 I th, we did point out to you that the city is currently maintaining Mayhill Road. The residents in that area said that they are currently receiving some city services. Because of the office warehouse development on Mayhill Road we are proposing annexation. When this matter went to City Council there was some discussion about providing water and wastewater services to this area. The service plan for this annexation doesn't require the city to provide water and wastewater services to the residents. You have a summary of the service plan in your backup. A number of services will be provided on the effective date of annexation. The Code of Ordinance says that the land owners and developers are responsible for extending water and wastewater lines to their property. Solid waste collection will be extended within sixty days, Maintenance of streets r G Agenda No. Agenda P&Z Minutes Date ` January 24, 1996 Page 2 and roads will be extended on the effective date of annexation. We are currently maintaining Mayhill Road. Environmental health, code enforcement, planning and development, police and EMS services, and organized recreational athletic programs will be extended on the effective date of annexation. Mr. Cochran: How much revenue is this expected to bring into the city? Mr. Persaud: Our estimate is about six thousand dollars. Mr. Cochran: On the issue of water and wastewater, the citizens would be responsible for running the lines to their houses, would they be required to do that if they have an alternative source? Mr. Persaud: They currently have alternative water and wastewater systems so there is no requirement that: they have to de into our system. They will be annexed with those systems in place and it will be their responsibility to maintain their private systems. Ms. Russell: Is there going to be a northeast exit from Ryan High that come down Mills and feed into Mayhill Road? Mr. Robbins: Yes. Ms. Russell: So this will be even riore reason for us to have Mayhill in the city limits. Half of Mayhill Road is in the city limits now. Mr. Persaud: That is correct. Mr. Powell: Why are we not annexing it from Blagg Road all of the way to Hwy.. 39M Mr. Persaud: That area is already in ,he city limits. Mr. Powell: The fiscal impact statement on page 43 says the city services will be provided at no additional cost, but solid waste is an additional cost, isn't it? Mr. Persaud: It is an additional cost, but it is not an additional cost to the city because our trucks currently go down Mayhill Road. The residents will pay for that service. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? Are there any closing remarks? /3. V Agenda No, C Agenda it . Date J ,j P&Z Minutes 'I January 24, 1996 Page 3 Mr. Persaud: On the zoning of this property our ordinance allows a temporary zoning district of Agricultural, so we will be preparing and ordinance to take to City Council annexing the property and allocating a temporary Agricultural zoning designation to the site. Ms. Russell: We will close the public hearing. Mr. Cochran: 1 move that we recommend approval to the Council of the annexation of the 11.34 acre tract located east of Mayhill Road and north of Bragg Road, A-69. Ms. Schertz: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved, (6-0) III. Forrestridge Addition, Section 11. a. Consider a variance to Section 34-114 (11b) concerning cul-de-sac turnarounds, b. Consider a variance to Section 34-125 (a) concerning Iii depth conformity to zoning district standards, c. Consider the final plat of Lots 44-70, Block A; Lots 1.7, Block E; and Lots 1.10, Block F of the proposed Estates of Forrestridge Addition, Section 11. Ms. Russell: The first three items have been removed from the agenda. d. Hold a public hearing and consider making a recommendation to the City Council with regard to the annexation and zoning of a 21.62 acre tract described as Forrestridge Section If (A-70). Ms. Russell opened the public hearing. Mr. Persaud: I would like to point out that on this item the Commission was scheduled to consider the zoning and the annexation for City Council. There has been some changes on that and today we picked up some legal advise on annexation and zoning. What we would like to do is deal with the zoning later. The zoning on this property is intended to be permanent zoning and we will be designating SF-16 as a permanent zoning. We were advised to complete the annexation process first, and then do the permanent zoning. Tonight the item that you are going to consider with regard to the zoning of the tract has been moved to somewhere around April 10th, Mr. Robbins: We made notice of a public hearing tonight and it is on our agenda. So what /y V Aoenaa No. _ q ~ ' d I I Agenda Item Date DATE: March 19, 1996 CITY COUNCIL RFPntaT FnH a TO: Mayor and Members of City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Consider adoption of an ordinance annexing and zoning a tract of 21.62 acres described as the Estates of Forrestridge Section 11. (A-70) RECOMM NDATrnt\L Planning and Zoning Commission recommends approval. (6.0) SUA1_` MARL Lodge Construction Company has petitioned the City to annex and zone a 21.62 acre tract described as the Estates of Forrestridge Section 11 and shown on site map included in attachment 41. The tract is to be zoned temporary, agriculture "A" zoning district classification at the time of annexation. The o%vners have also petitioned the City for the permanent zoning of the tract to accommodate Single Family SF-16 residential development. The zoning procedure «ill commence after the tract has been annexed into the city, I State law requires that a service plan be prepared providing for the extension of municipal services to the site proposed for annexation. A copy of the service plan (attachment #2) is included in the annexation ordinance. BA K R00i The Planning and Zoning Commission approved a final plat for the Estates of Forrestridge Section 11 on February 14, 1996. The final plat shows 43 single family lots of 16,000 square feet and larger. The Local Government Code requires that the City hold a series of public hearings in order to complete the annexation process. City Council held tu'o public hearings on January 2, and January 16, 1996 and no one spoke in opposition. The Planning and Zoning Commission considered the proposed annexation at its regular meeting on January 24, 1996 and voted 6 - 0 to recommend approval. City Council at its regular meeting on February 6, 1996 voted 7 - 0 to adopt the annexation ordinance (first reading). Page I F. Agenda ND, Apenda~lem ll20GBALTF,PARTAiENT OR GRnrrv.c A~rcnro.,. Dala_ 5" ~ 9-9 n All city service departments including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library. FISCA .erT. "ot applicable Respectfully submitted: Rick Svehla 'repared by: Acting City Manager Harry N ersaud, MR P11 A[CP Senior Planner Approved: rank H. Robbins, A P Executive Director for Planning and Development Attachment fl: Location map Attachment 42: Ordinance Attachment #3: Annexation Schedule Attachment #4: P & Z minutes I Page 2 t AgeAifem45' Agen1 Dale - _ L ATTACHMENT NORTH u e kQ850N W-4'RV CR i SL c y. Q V CT. W.M~cv COL rtAER taE[M CR. W y? acr & r r+a~~r AID O I F ROLL%C Kos C 0 u - El A_ ASE r £~M7NC4 5410(11: , R.. 'P9 3' 1 der Mss I CMaE ~ yy RYAN 1 L Location map r Agenda No %Co-D/ ATTACHMENT 2 Agenda I em Date NO. AN ORDINA-NCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 21.62 ACRES LOCATED IN THE ESTATES OF FORRESTRIDGE SECTION II; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A," AGRICULTURAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to extend its City limits line to include the 21.62 acre tract described in exhibit "A and WHEREAS, public hearings were held in the Council Chambers on January 2, 1996, and January 16, 1996, y 996, (both days being on or aft,~- the 40th day but before the 20th day before the date of institution 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 herein by the introduction of this ordinance at a meeting of the City Council on February 6, 1996; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted, and 30 days prior to City Council taking final action, as regLired by City Charter; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the tract of land described in exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION II: That the service plan attached as exhibit "B" and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION III: That, pursuant to §35-15 (a) of the Code of Ordinances of the City of Denton, Texas, the annexed property is temporarily classified as "A," agricultural district, until permanent zoning is established by the city council. SECTION IV: That the City's official zoning map is amended to show the temporary "A" agricultural district classification of the property annexed. SECTION V: Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. y ~I r ti t Agenda No.___L Agenda I enn Date If 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 city, 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 if the excluded area were expressly described in this ordinance. SECTION VI: 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 Chron'cla, 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 1996 8013 CASTLE-FERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: Agenda No Agenda I?em Date~_[ = 1Sp-- EXHIBIT "A" Being a tract of land situated in the T.J. Martin Survey, Abstract No. 900, Denton County, Texas and being a part of 'Tract Is of that certain parcel of land described in two tracts and conveyed by deed from First Texas Savings Association to bodge Construction Company, Inc., recorded in Volume 1115, Page 211, Deed Records of Denton County, Texas and being further described as follows: Cowwc m at the Southwest corner of Section III of Estates of Forrestridge, an addition to the City of Denton, plat of which is recorded in Volume E, Page 375, Plat Records of Denson County, Texas, said conmencing point also being on the North line of Ryan Road (a 70, R.O.W.); THENCE North 00 degrees 19 minutes 42 seconds west, along the Bast line of said Forrestridge Section III, a distance of 1290.69, to the POINT OF BEGINNING; THSNCe North 89 degrees 07 minutes 03 seconds Nest in Sanders Road, a distance of 326.35 feet to an iron pin at the Southeast corner of a tract described in a deed from Nicky C. James et ux to S eve Fanning et ux recorded in Volume 1044, Page ,696 Deed Records, Denton County, Texas; THENCB North 00 degrees 37 minutes 05 seconds East with a fence, a distance of 271.14 feet to an iron pin at the Northeast corner of said Fanning tract] THENCE South 89 degrees 47 minutp.s 21 seconds Nest with a fence, a distance of 515.04 feet to an iron pin at the Westerly Southwest corner of subject tract; I THENCE North 00 degrees OF minutes 16 seconds West along and near a fence, a distance of 1016.25 feet to an iron pin at the Northwest corner of said tract; THROC8 South 89 degrees 48 minutes 21 fleconds Bast along and near a fence, a distance of 842.91 feet to an iron pin at the Northeast corner of said tract on the Bast boundary line of the T.J. Martin Survey, and the west boundary line of Section 11 of Forrestridge, an addition to the City of Denton, klat of which is recorded in Volume C, Page 12, Plat Records, Denton county, Texaaj THENCE South 00 de4rees'17 minutes 36 seconds West, with said survey line a distance of 1264.21 feet to an iron pin. THSNCB South 00 degrees 19 cLinutes 42 seconds East, continuing along said survey line, a distance of 23.454 to the POINT OF BEGINNING and CONTAINING in all 21.6168 acres of land, more or less. ~P ' f i S Agenda Agenda 02i!e m n SERVICE PLAN (A-70) CAST A-70 AREA: 21.62 acres LOCATION: Estates of Forrestridge Section Il: A. Police Service 1. Patrolling, response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparalle areas withia the City. B. Fire protection and Emergency Medical Stakes (VNISl 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area, the sane level of fire and emergency ambulance services will be provided to this area as at a furnished to comparable areas within the City. C. ~VaterAV;tstewater lenices Water and wastewater services will be extended to the property in accordance to the City's master utility plan and Section 34-11S of the Denton Code of Ordinances. Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve their development in accordance with the City's master utility plan and the Subdivision and Land Development Regulations. The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. BIT 7. 4 r+genda No. Agenda item Date Where Hater or sewer main extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro-rata charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. D. Solid Waste Collection 1. Solid Haste collection will be provided to the property at the same level of set -vice as available to comparable areas H ithin the City, within 60 days of the effeciii a 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 Road 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. Routiro maintenance of streets and roads will begin in the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the City. 3. Reconstruction and resurfacing of streets, installation of storm drainage 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 v% ill be installed as the need therefor is established by appropriate study and traffic standards. 5. Street and road lighting will be installed in the substamialiy developed areas in accordance Kith the established policies of the City. F. Environmental Health and ode nfnropmcnf Car~i~ 2 _ Agenda NoNguations Agendas IfeI. Enforcement of the City's environmental health ord eats a'including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through the use of existing personnel. 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by The City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these ser ices. 5. Flood damage mitigation will be provided by existing code: and ordinances of the City as of the effective date of the annexation. 6. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the some level of environmental health and code enforcement services as are furnished to comparable areas within the City. G. Planning and Develgpment Services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning district classification at the time of annexation. L Parks and Recreation Servim 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 3 d 1 r , Agenda No.AL-ID-1.1 Agenda Item _ Dale FlectricaI poser is ill be ina Se available to the site as required, at the same level of sen ice currenIl being provided to comparable areas ►s it hin the City. K. Miscellaneous Street names and signs Hill be installed, if required, approximately six (6) months after the 6 ective date of annexation. Residents of the ne"ly annexed area may use all publicly os ned facilities, buildings or sen-ices within the city on the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained in accordance sith established standards and policies nos used in the Cih. L. C.Liital Improvements Program f M The CIP of the Cih is prioritized by such police guidelines as: 1. Demand for sen ices 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 sill be considered for CIP improvements in the upcoming CIP plan. This tract sill be considered according to the same established criteria as all other areas of the City. 4 1 ATTACHMENT 3 ~enU~ Na._ boenda Ite Date AN EXATIQN SSt1JED11 E LA-7M November 7, 1995 City Council sets date, time and place for public hearings. December 22, 1995 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepared. January 2, 1995 City Council holds f_ Imnublic_ heari., t January 5, 1995 Notice published in Denton Record Chronicle for second public hearing. January 16, 1995 City Council holds second nublic h arino, January 24, 1995 Planning and Zoning Commission makes recommendation. February 6, 1995 City Council institutes annexation. First Reading of Annexation ordinance. February 9, 1995 Publication of Annexation ordinance in Denton Record Chronicle. March 19, 1995 Final action by City Council. Second reading and adoption of the Annexation ordinance. Meetings In bold require 6 out of 7 votes at City Council 4 f ATTACHMENT 4 ~O Agenda No. Agend _ P&Z Minutes Date - IJ J January 24, 1996 - Page 3 Mr. Persaud: On the zoning of this property our ordinance allows a temporary zoning district of Agricultural, so we will be preparing and ordinance to take to City Council annexing the property and allocating a temporary Agricultural zoning designation to the site. Ms. Russell: We will close the public hearing. Mr. Cochran: 1 move that we recommend approval to the Council of the annexation of the 11.34 acre tract located east of Mayhill Road and north of Blagg Road, A-69. Ms. Schertz: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) III. Forrestridge Addition, Section If. a. Consider a variance to Section 34-114 (11b) concerning cul-de-sac turnarounds. b. Consider a variance to Section 34-125 (a) conceming lot depth conformity to zoning district standards. c. Consider the final plat of Lots 44-70, Block A; Lots 1-7, Block E; and Lots 1-10, Block F of the proposed Estates of Forrestridge Addition, Section II. Ms. Russell: The first three items have been removed from the agenda. d. Hold a public hearing and consider making a recommendation to the City Council with regard to the annexation and zoning of a 21.62 acre tract described as Forrestridge Section 11(A-70). Ms. Russell opened the public hea; ing. Mr. Persaud: I would like to point out that on this item the Commission was scheduled to consider the zoning and the annexation for City Council. There has been some changes on that and today we picked up some legal advise on annexation and zoning. What we would like to do is deal with the zoning later. The zoning on this property is intended to be permanent zoning and we will be designating SF-16 as a permanent zoning. We were advised to complete the annexation process first, and then do the permanent zoning. Tonight the item that you are going to consider with regard to the zoning of the tract has been moved to somewhere around April 10th. Mr. Robbins: We made notice of a public hearing tonight and it is on our agenda. So what d L... Agenda No A n a P&Z Minutes Date l i --t` January 24, 1996 Page 4 we are recommending is that you not consider a vote on the zoning tonight. Since we have made notice and it is on your agenda to hold a public hearing we think that we ought to go ahead and hold the public hearing, but that you not consider it and it will be back again for notice and a public hearing after it is annexed. Ms. Russell: So we are just going to make a recommendation to the City Council concerning the annexation. Mr. Persaud: When we do the annexation we are going to do the temporary ordinance, Agricultural zoning. This is a case where Lodge Constructin Company has petitioned the city to annex the property. We held the two public hearings before the City Council and no one spoke in opposition of the annexation. We would like to proceed with your recommendation for Council adoption of an ordinance annexing the property. Ms. Russell: Would the petitioner care to speak? Is there anyone that would like to speak in favor of the petition? Is there anyone to speak in opposition to the petition? Any further comments? We will close the public hearing. Mr. Cochran: I move approval of A-70, the annexation of 21.62 acre tract described as The Estates of Forrestridge, Section H. Ms. Flemming: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) IV. Hold a public hearing and consider making a recommendation to the City Council with regard to the annexation and zoning of a 34.78 acre tract located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport (A-71). Ms. Russell opened the public hearing. Mr. Persaud: You are considering annexation and temporary zoning, Agricultural, by ordinance. This area is currently used as a clear zone for the Denton Municipal Airport. Federal Regulations prohibit the building of any structures on this property. The entire area is owned by the City of Denton. We are annexing it to bring it into the city limits. Mr. Drake: Temporary zoning is not zoning and it is a consequence of annexation. It keeps people from coming in and developing the property with uses that could be incompatible uses prior to the permanent zoning of the property. That is the reason that a recommendation is r y :.r Agenda No. aV - O41 Agenda Item to Data 3 ` 19- T.0 DATE: Afarch 19,1996 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council I FROM: Rick Svehla, City Manager SUBJECT: Consider adoption of an ordinance annexing and zoning a tract of 34.78 acres located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport. (A-71) RECOMMENDATION: The Planning and Zoning Commission recommends approval (6 - 0) SUMMARY: The City proposes to annex a 34.78 acre tract located in the clear zone, south of the existing runway in the vicinity of the Denton Municipal Airport. The site is sho%NM on map included in attachment # 1. The entire tract is o«ned by the City of Denton and is being used for clear zone for the existing runway. The tract will be zoned temporary agriculture "A" zoning district classification at the time of annexation. BACKGROUND: The clear zone is intended to protect the approaches to the runway and may not be used for the development of buildings and other structures. The Local Government Code requires that the City hold a series of public hearings in order to complete the annexation process. City Council held the first and second public hearings on January 2, and January 16, 1996 and no one spoke in opposition. The Planning and Zoning Commission considered the proposed annexation at its regular meeting on January 24, 1996 and voted 6 - 0 to recommend approval. City Council at its regular meeting on February 6, 1996 considered and voted 7 - 0 to adopt the annexation ordinance (first reading) PROGRAMS, DEPARTMENTS OR ROUPS AFF TFD• All city service departments including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library. Page i I I r . Q Agenda NO, - Agenda tem r FISCAL IMPACT: Date Not applicable Resp e^ly submitted: Rick Svehla, Acting City Manager Prepared by: -ti . P,.,k Harry N. rsaud, M12TPI, AICP Senior Planner Ap oved: Frank H. Robbins, P Executive Director for Planning and Development Attachment # l : Location map Attachment #2: Ordinance Attachment 43: An^exation schedule Attachment #4: P & Z minutes January 24, 1996 Page 2 ti 1 L Agenda N0.1 i ATTACHMENT i Agenda !!em r' - Dale NORTH Q MVI •GG i IRS SITE NJ M _ f~ 1M1 Location Map 3 .?.ecce R,:ri 4 11 ATTACHMENT 2 Agenda No._ 1 Agenda Item Dale - NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 34.78 ACRES, LOCATED IN THE CLEAR ZONE SOUTH OF THE EXISTING RUNWAY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A," AGRICULTURAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to extend its City limits line to include the 34.78 acre tract as described in exhibit "A"; and WHEREAS, public hearings were held in the Council Chambers on January 2, 1996, and January 16, 1996, (both days being on or after the 40th day but before the 20th day before the date of institution 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 herein by the introduction of this ordinance at a meeting of the City Council on February 6, 1996; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION I• That the tract of land described in exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION II; That the service plan attached as exhibit "B" and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION III: That, pursuant to 335-15 (a) of the Code of Ordinances of the City of Denton, Texas, the annexed property is temporarily classified as "A," agricultural district, until permanent zoning is established by the city council. SECTION IV, That the City's official zoning map is amended to show the temporary "A" agricultural district classification of the property annexed. SECTION V• Should any part of this ordinance he held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property y f - r Agenda No. _ Agenda Item % Date - -e described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. If 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 city, 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 if the excluded area were expressly described in this ordinance. SECTION VI: 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 T_ day of 1996 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY S. Agenda ND. Agenda tem Date ALL that certain lot, tract, or parcel of land situated in Denton County, State of Texas in the I. Hembrie Survey, Abstract No. 594, J. McDonald Survey, Abstract No. 873, W. Neil Survey, Abstract 970, and the J. Kjelberg Survey, Abstract 1610 and being all of a tract shown by deed to the City of Denton, Texas recorded as 94-R0071013, Real Property Records, Denton County, Texas and being part of a tract shown by deed to the City of Denton, Texas recorded in Volume 871, Page 137, (Tract Two) Deed Records, Denton County, Texas and being more pArticularly described as follows: BEGINNING at the southeast corner of said "Tract Two" to the C'.cy of Denton recorded in Volume 871, Page 137, D.R.D.C.T., said point also being an inner all corner of the existing Denton city limit line as described in Ordinance 79-76, Tract I; THENCE South 060 49' 38" Fast a distance of 1010.04 feet to a point for a corner, said point being the southeast corner of said City of Denton tract 94-R0071013; THENCE North 880 33' 24" We,3t a distance of 1500.0 feet to a point for a corner, said point being the southwest corner of said City of Denton tract 94-R0071013; THENCE North 09' 41' 20" East a distance of 2010.88 feet to a point for a corner, said point being the northwest corner of said City of Denton tract 94-ROO71013 and also being the southwest corner of said City of Denton tract V. 871, P. 137, Tract Two; THENCE North 01' 26' 36" East along the west line of said City of Denton tract V.871, P. 137, Trait Two, a distance of 464.39 feet to a point for a corner, said point lying on the existing Denton city limit line as described in Ordinance 69-40 and Ordinance 79-76, Tract II; THENCE South 540 35' East along the existing Denton city limit line, as established by Ordinance 69-40, a distance of 831.91 feet to a point for a corner, said point being the most westerly northwest corner of Tract I, Ordinance 79-76; THENCE South 880 31' East along the existing Denton city limit line, as established by Ordinance 79-76, Tract I, a distance of 520.12 feet to the POINT OF BEGINNING and containing 34.78 acres of land. 10-20-95 :,EE: JaCB K E r v Agenda No. kll~l em Agenda h Date 3- SERVICE PLAN {A-71} CASE H: A 1 AREA: 34.78 acres LOCATION: In the clear zone south of the existing runway in tht vicinity or the Denton Municipal Airport. A. Police Sen ices 1. Patrolling, response to calls, and other routine serices will be provided on the effective date orthe annexation, using a-feting personnel and equipment. 2. Upon ultimate development orthe area. the same level of police services will be provided to this area as are furnisher to comparable areas within the City. B. Eire protection and Emergency Medical Services (>E NIS) 1. Fire protection and emergency medial services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. Water/Wastewater Services Water and wastewater services will be extended to the property in accordance to the City's master utility plan sod Section 34.118 of the Denton Code of Ordinances. Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve their development in accordance with the City's master utility plan and the Subdivision and Land Development Regulations. The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. [ BI'T f r a r Agenda No, ~ ' ~j Agenda Item Dater `C Where water or sewer main extensions, lift stations, force mains or other cecessary 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. Mid Waste Collection 1. Solid waste collection ssill he 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 Haste 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 Hill begin in the annexed area on the effective date of annexation using the standards and level of service as currently ~ applied to comparable areas of the City. 3. Reconstruction and resurfacing of streets, installation of storm drainage 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 therefor is established by appropriate study and traffic standards. 5. Street and road lighting will be instaUed in the substantially developed areas in accordance with the established policies of the City. F. Enviroomental health and gAc x nforretrinnt Sew 2 r Agenda No.-q"11- Agenda Item Date _....`.~p 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and Heed 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 effecth-e date of the annexation. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effecth a date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5. Flood damage mitigation will be provided by existing codes and ordinances of the city as of the effective date of the annexation. 6. As development and constructio., commence within this area, sufficient personnel will be provided to fui-_ish this area with the same level of environmental health and code enfircement services as are furnished to comparable areas within the City. i G. Planning and Development ervice4 i The toeing jurisdiction of the City will extend to the annexed area on the effective date of an iexation. The tract is to be temporarily zoned Agriculture (A) zoning j district classification at the time of annexation. i 1. Parks and Recreation Services Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, oo 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. I Electrical D1lldhiaim 3 9. S v Agenda No, l v / _ Agenda Item Date Electrical power rill be made available to the site as required, at the same level of service currently being provided to comparable areas within the City. K. Miscei_ lane_~; 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 ImgMUM nta Program ( CM The CIP of the City is prioritized by such policy guidelines as: 1. Demand for services as comps; ed 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. This tract will be considered according to the same established criteria as all other areas of the City. 4 I L e f r ATTACHMENT 3 _ agenda No. Agenda Item ANNPXAUQX SC11 nt tl, tq,71 t Date- 3 r ~ ~ . November 7, 1995 City Council sets date, time and place for public hearings, December 22, 1995 Notice published in Dentc a Record Chronicle for first public hearing. Service plan is prepared. January 2, 1995 City Council holds first a i A >,,.arins January 5, 1995 Notice published in Denton Record Chronicle for second public hearing. January 16, 1995 City Co-incil holds January 24, 1995 Planning and Zoning Commission makes recommendation. February 6, 1995 City Council institutes annexation, First Reading of Annexation ordinance. February 9, 1995 Publication of Annexation ordinance in Denton Record Chronicle. { March 19, 1995 Final action by City Council. Second reading and adoption of the Annexation ordinance. Meetings in bold require 6 out of 7 votes at City Council r i i ATTACHMENT 4 Agenda Agenda e P&Z Minutes January 24, 1996 Date 1 Page 4 we are recommending is that you not consider a vote on the zoning tonight. Since we have made notice and it is on your agenda to hold a public hearing we think that we ought to go ahead and hold the public hearing, but that you not consider it and it will be back again for notice and a public hearing after it is annexed. Ms. Russell: So we are just going to make a recommendation to the City Council concerning the annexation. Mr. Persaud: When we do the annexation we are going to do the temporary zoning by ordinance, Agricultural zoning. This is a case where Lodge Construction Company has petitioned the city to annex the property. We held the two public hearings before the City Council and no one spoke in opposition of the annexation. We would like to proceed with your recommendation for Council adoption of an ordinance annexing the property. Ms. Russell: Would the petitioner care to speak? Is there anyone that would like to speak in favor of the petition. Is there anyone to speak in opposition to the petition? Any further comments? We will close the public hearing. i Mr. Cochran: I move approval of A-70, the annexation of 21.62 acre tract described as The Estates of Forrestridge, Section 11. Ms. Flemming: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. sign. Approved. (6-0) Opposed same I.Y. Hold a public hearing and consider making a recommendation to the City Council with regard to the annexation and zoning of a 34.75 acre tract located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport (A-71). Ms. Russell opened the public hearing, Mr. Persaud: You are considering annexation and temporary zoning, Agricultural, by ordinance. This area is currently used as a clear zone for the Denton Municipal Airport. Federal Regulations prohibit the building of any structures on this property. The entire area is owned by the City of Denton. We are annexing it to bring it into the city limits. Mr. Drake: Temporary zoning is not zoning and it is a consequence of annexation. It keeps peop.e from coming in and developing the property with uses that could be incompatible uses prior to the permanent zoning of the property. That is the reason that a recommendation is F a Agenda No. 1 Agenda It(-r- - P&Z Minutes Date January 24, 1996 Page 5 not necessary from the Planning and Zoning Commission to app-ove the temporary zoning. It is merely a consequence of the annexation. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? Any closing comments? We will close the public hearing. Mr. Cochran: I move approval of A-71. Ms. Flemming: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) V. Hold a public hearing and consider rezoning 10.994 acres from the General Retail (GR) district to the Multi-Family 1 (MF-1) district. The site is located on the east side of Audra Lane approximately 500 feet north of its intersection with McKinney Street. Ms. Russell opened the public hearing. Mr. Yost: The situation is that there is an existing apartment complex on this property. At the time that the apartments were built it was a general retail zoning and it was allowed. Since then There were four replies in favor, one in opposition, and one undecided. Ms. Russell: Is there such a thing as grand fathering? Mr. Yost: Yes it is what is called legal non-conforming and they cannot expand, Ms. Russell: Mr. Yost: Ms. Russell: The reason that this is coming before us is because of a lender? Mr. Yost: Covered DDP overall rating found in backup. Ms. Russell: Is there anyone to speak in favor of the petition? is there anyone that would like to speak in opposition to the petition? Clara Cruder: Clara Cruder Rt.. 15, box 145 on Sanders Road. I sold a property on Audra Lane and 1 wanted to know if this will affect the zoning for that house. lj J . ApmEt Coo. - O l Apt" I4an 00 - March 19, 1996 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJECT: CONSIDER CONTRACT AMENDMENT WITH RESOURCE MANAGEMENT INTERNATIONAL (RMI) RECOMMENDATION: The Public Utilities Board (PUB), at their meeting of February 19, 1996, recommended approval of the contract amendment with Resource Management International (RMI). (Attached is a copy of the relevant PUB minutes.) SUMMARY: The Utility Directors from Denton, Garland, Greenville, and Bryan have agreed that they need representation at the Public Utility Commission (PUC). The PUC is regularly conducting workshops and hearings concerning resaucturing of the electric industry in Texas. These workshops will culminate in a report addressing the impact of stranded investment on utilities in Texas. In response to a mandate by the 74th Texas Legislature, this report will be presented to the 75th Texas Legislature at the end of this year. The Legislature will presumably use the report as a starting point from which to draft legislation for restructuring the electric industry in Texas. The four electric directors agree that RMI consultants are best suited to provide the needed representation before the PUC on this issue. Attached to the Amendment to the Professional Services Agreement with RMI is a scope of services for this work. (Denton previously contracted with RMI for $5,000 for representation on the related issue of transmission pricing before the PUC.) PROGRAM/DEPARTMENT OR GROUPS AFFECTED: Citizens of Denton, Denton Electric Utility. 1 u .;S t F i i C ~ Agvda No. Agenda Item Oates I~ FISCAL IMPACT: Estimated total cost of the contract is $60,000; Denton's share would be $15,000. The fiscal impact of stranded cost in a retail wheeling market in Texas will probably ' be significant, both for Denton's electric utility and utilities throughout the state. Respectfully submitted, Rick Svehla, Acting City Manager Approved by: R.E. Nelso , Executive D o Department of Utilities Attachments I. PUB Minutes Excerpt of 2/19/96 II. Ordinance I I l:penda Item ~ Date 5. CONSIDER APPROVAL OF A CONTRACT WITH ADS ENVIRONME SERVICES, INC. FOR SMOKE TESTING AND PROFESSIONAL, ENGINEERING SERVICES. Mr. Cosgrove reported that the staff were seeking approval of the above referenced contract with ADS Environmental Services, Inc., (ADS) for an amotalt not to exceed $171,433.00. The purpose of the program is to identify sources and quantities of I/1, to analyze means of rehabilitation of the identifiable sources of~ I/I and to provide all Basin information gained in a format that can be used in our existing sewer system collection model (Hydra) and ultimately in our GiS. Our, goal is that the results of the smoke test will delay the need to expand the wastewater phutt and the collection system. Mr. Hopkins made a motion fob approval as presented. Mr. Giese seconded the motion. All ayes, no nay', motion approved. }}y 6. CONSIDER APPROVAL OF BID #1849 FOR CAPITAL IMPROVEMENT PROJECT SCRIPTURE STREET 20" WATERLINE IN THE AMOUNT OF $1,056,897,50. Mr. Cosgrove presented this item. Giese made a motion for approval as presented. Hopkins seconded the motion. All ayes, no nays, motion approved. 7. RECEIVE A REPORT ON PUC WORKSHOP ON STRANDED COST Ms. Zeller reported on stranded costs Including recovery percentages, other utilities sample plans and comparative countries structures for approaching stranded costs, Ms. Zeller reported on current developments In the city of Austin regarding stranded costs and the Council decision regarding their electric system. There was discussion that the city of Brownsville would get good pricing on transmission but t approval of the "postage stamp" would provide independent suppliers opportunity to sell their transmission, Ms. Zeller reported on the PUC's new transmission rules for electric utilities including wholesale competitor. There was general discussion regarding the process of calculating Dentons stranded costs. Ms. Zeller believed it was to the cities advantage to present a calculation of the worst case scenario to the PUC, Ms. Zeller also reported that retail wheeling would probably be delayed until the next legislative session. 8, CONSIDER CONTRACT AMENDMENT WITH RESOURCE MANAGEMENT INTERNATIONAL (RMI). Mr. Nelson presented this item and there was brief discussion by the Board. Coplen made a motion to approve the contract amendment as presented. Thompson seconded the motion. All ayes, no nays, motion approved. EXHIBIT 11 z n l J:\uaaocs\onn\art Agenda No,, Agenda Item Date ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO THAT FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH. RESOURCE MANAGEMENT INTERNATIONAL, INC. ("RMI") ; AND PROVIDING AN E:7YECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Acting City Manager is hereby authorized to enter into an amendment to the professional services agreement with Resource Management International, Inc. ("RMI"), dated December 1, 1995 in substantially the form of the attached amendment to increase the contract by Fifteen Thousand Dollars ($15,000) to Twenty Thousand Dollars ($20,000), for additional services to be performed by RMI and making certain changes requested by RMI and other insubstantial changes to the original agreement. SECTION II. That the expenditure of funds as outlined in the agreement is hereby authorized. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: /G~U "i!l~Ly l Agenda No. Agenda item _ Date g STATE OF TEXAS § COUNTY OF DENTON § AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RMI This amendment to that certain agreement entered into on the 1st day of December, 1995, by and between Resource Management International, Inc. ("RMI"), a California corporation and the City of Denton; Texas ("City"), a Texas muniipal corporation with its principal office at 215 East McKinney Street, Denton, Texas 76201, for professional and related services to be provided to City, hereinafter referred to as "Base Agreement". WITNESSETH: That in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION I That the reference to "Resource 5 Management International, Inc." in the first paragraph of the Base Agreement is changed to Resource Management International, Inc. SECTION IT That Section I "Scope of Servi- ~ps" of the B---se Agreement is hereby amended to read as follows: SECTION I SCOPE OF SERVICES RMI shall provide to City the services set forth in individual task orders made attacnents to this Agreement, including without limitation, Task Orders No. 95-01 and 96-01 "Regulatory Support Services", which are made a part of this Agreement for all purposes. SECTION III That Section II "Fens for "a rvices" of the Base Agreement is hereby amended to read as follows: SECTION II FEES FOR SERVICES For services provided by RMI to City pursuant to this Agree- ment, City pay RMI in accordance with the rater and charges set forth in Exhibit E "Fees for Services", attached hereto and made part of this Agreement for all purposes, provided, however., such charges and rates shall not exceed Twenty Thousand Dollars ($20,000) unless the City agrees by an amendment to this Agreement to increase the maxim,-,.-,a fee for service. f 4 .genda W..L © l Agenda Hem Date SECTION IV That the word "normal" is substituted for the word "highest" before the phrase "professional standards" in the next to last line of Section IV "Independent Contractor" of the Base Agreement. SECTION V That subsection (c) Section IV "Term and Termination of Agreement" of the Base Agreement is hereby amended by substituting the word "failing" for the word "filing" on the second line of said subsection. SECTION VI That subsections (a) and (d) of Section VII "Liability" of the Base Agreement are hereby amended to read as follows: a. RMI shall indemnify and hold harmless City, and its directors, officers, partners, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to attorneys fees, for which RMI is determined to be legally liable, resulting from negligent acts, errors, or omissions by RMI, its directors, officers, agents, and employees in performance of services required by this Agreement. Liability, claims, demands, damages, losses, or expenses resultina from the negligent acts, errors, or omissions, whether active or passive, by City, its directors, officers, partners, agents, an-1 employees are excluded from RMI's obligations pursuant to this paragraph. d. Nothing in this Agreement shall be construed to create a duty to any standard of care with reference to, or any liability to any person not a party to this Agreement. Nothing contained herein shall constitute a waiver of any defense, at law or equity, that either party may have against claims of any person not a party to this Agreement, including without limitation, the defense of gcvernmental immunity, and all such defenses are expressly reserved. SECTION VII That save and e.tcept as amended hereby, all the sentences, sections, clauses, and phrases of the Base Agreement shall remain in full force and effect. The signatories hereto represent that they are authorized to enter into this Agreement on behalf of the party for whom they sign. Page 2 0 Agenda No (0 Agenda Item Date SIGNED this day of , 1996. CITY OF DENTON, TEXAS BY: RICK SVEHLA, ACTING CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY J / BY: RESOURCE MANAGEMENT INTERNATIONAL, INC. BY: J1\WPD0CS\x\AMI.AMD Page 3 Y Agenda No, ATTACHMENT TO pAgenda Item PROFESSIONAL SERVICES AGRI~EMENT ~~-R BETWEEN RESOURCE MANAGEMENT INTERNATIONAL, INC. AND THE CITY OF DENTON, TEXAS DATED JANUARY 26,1996 TASK ORDER NO. %-01 REGULATORY SUPPORT SERVICES PROJECTS 15000, 15001, 15002 Services provided under this Task Order will provide assistance to the City of Denton, Texas (City) in the following Projects currently under way at the Public Utility Commission of Texas (PUC): • Project 14045 - Transmission Access and Pricing • Project 14400 - Integrated Resource Planning Rule • Project 15000 • Electric Industry Restructuring • Project 15001 • Stranded Costs • Project 15002 • Scope of Competition The scope of services includes five docketed projects because of the interrelated nature of these proceedings. Primary focus will be on Project 15001 Stranded Costs, The purpose of RMi's assistance will be to keep the City Informed of the various activities under way at the PUC and assist the City In evaluating the various issues being addressed by the PUC in response to changes in the Public Utility Regulatory Act (PURA 95). The work in association with the stranded cost docket will focus on attending and participating in ongoing PUC hearings and workshops and assisting the City in developing and defending positions which benefit the City. She extent of work in other dockets will be at the direction of the City. SCOPE OF SERVICE Task A Evaluation of City's position with regard to stranded cast: 1. RMl will review the City's potential exposure to stranded costa to assist in developing the City's position on this Issue. The review will include consideration of the City's position with respect to its obligations in TMPA. 2. Potential exposure to both wholesale and retail stranded costs will be reviewed. Wholesale will be considered both from the perspective of a seller and purchaser of wholesale power. Retail will look at exposure of generation and distribution costs. v ' Agenda No. Agenda Ilem RMI proposes a half day meeting of interested TMPA cities to disf~ stranded costs and how it could affect TMPA as well as the individual cities, j c'1 4. RW will use spreadsheet models using the Lost Revenues Approach and the ECOM Approach being proposed by PUC and other parties to calculate stranded cost exposure. Task B Koep City updated regarding activities at the PUC: 1. Keep City informed of dates and times of activities In these proceedings. 2. Attend open meetings and stranded cost workshops and technical committee meetings to stay informed on stranded cost issues in order to provide guidance to City on these issues. 3. RM1 will brief City representatives on those meetings which they do not personally attend and will be available to meet with the utility board to update them on activities at the PUC and discuss the City's exposure and positions. 41 P.evfew, on a limited basis, parallel proceedings at the Federal Energy Commission (FERC) and the California Public Utility Commission on Wtes as they effect ails states hwestigatlon into stranded costs and determine where there are positions being taken that may affect the City if adopted In Texas. 5. Maintain knowledge of positions being taken by surly situated parties in Texas and in the nation. 6. Review technical papers on subject as needed to stay informed and help develop strategy for City's position. 7. Work with other parties as necessary to understand stranded cost proposals and positions of those parties. S. Form alliances with parties whose positions arc aligned with the City's position in order to gain acceptance at the PUC. 9. Keep City's representatives informed on issues, discuss strategics and assist as needed to provide full representation at PUC in these proceedings. Task C Provide assistance in evaluation of positions of other parties and presenting City's position to PUC: 1. RMI will review comments of other parties to stranded cost proceeding and discuss positions with City's representatives. 2. Comments will be filed at PUC In response to the PUC's Request For Comments, as issued from time to time. RMI will work with City in preparing those comments, 3. RMI will be available to respond to staff and C'omm4sloner's questions both informally and through workshops. 4. The spreadsheet models being proposed will be evaluated and changes will be proposed to the PUC through comments and workshops where appropriate. r M agenda No-C - J I - Agenda Item Task D Date Copies of documents from these projects (when not provided directly) and other sources as requested by City will be provided, The information lobe provided will include documents that are received by RMf as a party to these various proceodings and other documents as they are identified. BUDGET Charges for these services is estimated to be $50,000 for time and expenses. Becanuse of the evolving nature of these proceedings, the actual costs may vary depending on the extent of additional hearings, comments and workbhupa, This budget is established as an initial budget, and may be evaluated at anytime by FM or tho City. It 3s understood that this budget is a total for these services and the actual costs paid by the City will be its prorata share of the total billing. The prorata share will be dLkrmined by equally dividing the costs between the City and other cities which may agree to participate in these proceedings with the City, or by some other division of costs as mutually agreed to by the participating cities. RMI will bill monthly and will not exceed the $50,000 initial budget wi Uiout approval from the City anc? other participating cities. This Task Order is authorised and made an attachment to the above identified Professional Services Agreement through the signatures below. Authorized by Accepted by City of Denton, Texas Resource Management International, Inc. 8y: By: Dated: Dated: J L L tF Agenda No. Agenda Rom Dan 3- t CITY COUNCIL REPORT FORMAT DATE: March 4, 1996 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Freese & Nichols Contract - Texas Water Development Board Grant RECOMMENDATION: Approve city contract to do engineering studies in Texas Water Development Board Grant approved by City Council in Ordinance 96-017. SUMMARY/BACKGROUND: This will provide a contract with Freese and Nichols to do flood prevention engineering studies on Cooper Creek and Tributary 4 of Pecan Creek through southeast Denton. PROGRAMS.-DEPARTMENTS, OR GROUPS AFFECTED: Citizens in watersheds (Cooper and PEC-4), Engineering and Transportation, Drainage Maintenance FISCAL IMPACT: $97,980 TWDB pay 50t, City of Denton pays 50t RESPE LY SUBMITTED: 0,0 c Sve a Acting City Manager Prepared by: J r Car P.E D r for o Engineering & Transportation Approved by: J r y C ar P.E. Dir ctor o Engineering & Transportation AEE00605 i a 1 Agenda W. Agenda Item Date G IVIEMO To: Rick Svehla, Acting City Manager From: Jerry Clark,P.Fe^ Subject: Freese and Nichols Contract- Texas Water Development Board Grant Date: March 15, 1996 The contract between the City of Denton and Freese and Nichols is a component of the Texas Water Development Board Grant approved by City Council in ordinance # 96-017. Our contract is with the Water Development Board where we are the designated contractor. The actual contractor is Freese and Nichols who will be pro-Oding the civil engineering studies that we need to complete the Flood Protection Planning for Tributary 4 of Pecan Creek ( through Southeast Denton) and Cooper Creek. Costs are to be split equally between the City of Denton and the Texas Water Development Board. Our share is available through bond interest allocated by the 91 Committee and City Council in December of 1995. The total contract is for $97,980. Please place this item on the City Council agenda for consideration of approval. I 0 1 A C E N T U R Y O F S E R V I C E 1 Agenda No,1SR t) J f _ Agenda Item_ Ira, Date FREESE-NICHOLS February 26, 1996 Mr. Jerry Clark, P.E. Director of Engineering/Transportation City of Denton 215 E. McKinney Street Denton, Texas 76201 Re: Cooper Creek/Pecan Creek Regional Drainage Improvement Study Dear Jerry: We are pleased to submit this proposal for providing engineering services to the City of Denton for the Cooper Creek and Pecan Creek Tributary PEC-4 Regional Drainage Improvement Study. We understand that the study is needed to evaluate possible alternatives for erosion and flood protection along Cooper Creek and Tributary PEC-4. We will use our previous work along Tributary PEC-4, particularly near Robertson Street and Bell Avenue, in the evaluation of possible alternatives for Tributary PEC-4. SCOPE OF SERVICES: ENGINEER proposes to provide our services as outlined in your application to the Texas Water Development Board for funding assistance and described in the following detailed Scope of Services: TASK 1: COOPER CREEK REGIONAL DETENTION STUDY 1. RECONNAISSANCE & DATA COLLECTION A. A coordination meeting will be held with OWNER for the purpose of reviewing available data for use during the study, reviewing the scope of the work to be done and the objectives of the study, and to review the project personnel and their responsibilities for both OWNER and ENGINEER. B. Perform one site visit to the Cooper Creek watershed to evaluate possible sites for regional detention ponds. The site visit will ir,:lude the review of not more than six possible sites for acceptability as regional detention facilities, including the following: I Freese and Nichols, Inc. Engineers Environmental Scientists Architects 4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895 817-735-7300 Metro 817.429-1900 Fax 617-735-7491 -z- Agenda No. C~ Agenda Item Mr. Jerry Clark, P.E. Oale~~--= L~ _ February 26, 1996 Page 2 1 • The area north Of Cooper Creek, east of Old North Road, west of Loop 288, and south of Windsor Street. 2• The area north of Kings Row, 288. east of Yorkshire, 4- rid southwest of Loop 3 The area north Hercules, west of Redstone. east of F.M. 2164, south of Loop 288, and 4. The area north of Evers Parkway, west of F.M. 2164, and south of Loop 288. 5. Two other additional sites may be selected for evaluation in the stu conditions Observed during the site visit suggest a dy if favorable location. C• Coordinate with the Federal Emergency Management Agency to obtain the latest hydrologic (HEC-1) and hydraulic (HEC-2) computer mode watershed. Is for the Cooper Creek D Coordinate with local utility companies to determine the presence of existing of .,y lines within the possible regional detention facility site listed in Item B above. E. Coordinate with OWNER's staff to obtain available base mapping. e be map(s) will be prepared by OWNER from information currently available onus geographic information system ((;IS). F. Obtain field survey data necessary for preliminary sizing of the proposed detention at each location. G. Obtain soil boring data at each proposed site. One boring will be made at each location selected as a possible detention site. U. CONCEPTUAL EVALUATION A. Perform hydrologic analysis on the sites identified in Item I.B, above, including the following: 1• Computation ofcontributin topographic information g drainage area to the sites being evaluated using available sufficient topographic informationis not~avOa: ab a through OWNER's G1S b z Agenda No. W Agenda Item ~l Date Mr. Jerry Clark, P.E. February 26, 1996 Page 2 1. The area north of Cooper Creek, east of Old North Road, west of Loop 288, and south of Windsor Street. i 2. The area north of Kings Row, east of Yorkshire, and southwest of Loop 288. 3. The area north of Hercules, east of F.M. 2164, south of Loop 288, and west of Redstone. 4. The area north of Evers Parkway, west of F.M. 2164, and south of Loop 288. 5. Two other additional sites may be selected for evaluation in the study if conditions observed during the site visit suggest a favorable location. C. Coordinat! with the Federal Emergency Management Agency to obtain the latest hydrologic (HEC-1) and hydraulic (HEC-2) computer models for the Cooper Creek watershed. D. Coordinate with local utility companies to determine the presence of existing utility lines within the possible regional detention facility site listed in Item B above. E. Coordinate with OWNER's staff to obtain available base mapping. The base map(s) will be prepared by OWNER from information currently available on its geographic information system (GIS). F. Obtain field survey data necessary for preliminary sizing of the proposed detention facilities at each location. G. Obtain soil boring data at each proposed site. One boring will be made at each location selected as a possible detention site. II. CONCEPTUAL EVALUATION A. Perform hydrologic analysis on the sites identified in Item I.B. above, including the following: 1. Computation of contributing drainage area to the sites being evaluated using topographic information available from OWNER's GIS data base. If sufficient topographic information is not available through OWNER's GIS 1 f A,7enda No. Agenda Item Mr. Jerry Clark, P.E. Dale February 26, 1996 Page 3 data base, the drainage area will be delineated using U.S.G.S. quadrangle maps of the watershed area. 2. Modify the existing HEC-1 computer model from FEMA to include design computation points at the potentiall regional detention facility sites. If an existing HEC-I computer model is not available from FEMA, a new model will be created. 3. Determination of the 5-, 10-, 25-, 50- and 100-year peak discharges for existing and ultimate watershed conditions with the detention facilities in place at each potential regional detention facility site. The typical SCS primary spillway will be used to estimate peak discharges with the proposed detention facilities in place. 4. Determine the maximum storage available at each of the regional detention facility sites. Future development adjacent to each site will be considered in the determination of the detention pond layout phase in addition to the existing development surrrinding each site. In addition, dual purpose uses for the detention facilities, Bach as soccer fields, will be considered when evaluating the proposed detention ponds. 5. Evaluate the cumulative effect of the regional detention facilities on the peak discharges along Cooper Creek for the portion of the creek upstream of Loop 288. Prioritize the regional detention pond constructioa by cost/benefit analysis. No more than twelve construction sequence scenarios will be evaluated to determine the effect of construction sequencing on the Cooper Creek peak discharges. B. Perform hydraulic analysis of impact of detention facilities on Cooper Creek floodpiain: 1. Modify existing HEC-2 hydraulic stream model of Cooper Creek to inclu le the peak dscharges computed in Item ILA above. 2. Compute expected floodplain profiles corresponding to 10-, 50- 100- and 500-year frequencies for existing and ultimate watershed development with the proposed detention facilities in place. 3. Delineate the 100-year floodplains on available topographic maps for existing conditions and ultimate development conditions with the proposed detention facilities in place. i f A7enda No. 1 " G 1 Agenda~em G)r ~ Date -a:-:I Mr. Jerry Clark, P.E. February 26, 1996 Page 4 4. Prepare summary table of results of hydraulic analysis. C. Prepare an estimate of probable construction costs associated with the proposed regional detention system. D. Review the TNRCC regulations associated with detention facility construction and outline steps needed to obtain TNRCC approval of the proposed regional detention system. Potential problem areas, if any, will be also identified. No environmental reviews of the proposed detention facility sites will be performed. If such reviews are required and requested by OWNEk, such reviews shall be considered additional services and ENGINEER shall be entitles to compensation based on Attachment 8, Schedule of Charges. E. Summarize the results of the conceptual evaluation: 1. Prepare a report summarizing the findings of the conceptual evaluation. The following items shall be included in the conceptual report: a. Comparison of discharges for existing development, ultimate watershed development, and ultimate watershed developmem with the proposed regional detention system in place. b. Map showing the entire watershed with the locations of the proposed regional detention facilities and th:.ir respective contributing drainage areas, the horizontal location of the existing utilities that could pose a potential conflict with the proposed detention facilities, and the 100-year floodplain limits for existing conditions and ultimate watershed conditions with the detention facilities in place. C. The anticipated construction costs of the regional detention facilities on a per-site basis as well as for the entire regional detention ,ystem. Provide a recommendation concerning the sequencing of constructing the regional detention facilities in accordance with Item ILA above. d. Provide a recommendation for alternative dry weather uses for the regional detention facilities, as well as the possibility of retaining water in the ponds for aesthetic purposes, such as in a park. V i r Agenda No, C Agenda Item Daia Mr. Jerry Clark, P.E. February 26, 1,096 Page 5 2. Attend a meeting with OWNER to discuss the results of the conceptual evaluation and the ENGINEER's recommendations for proceeding with the project. III. FEMA SUBMITTAL Prepare the necessary information needed for a submittal to the Federal Emergency Management Agency to obtain a Conditional Letter of Map Revision (CLOMR) for the project areas. Wort: to be performed in this task includes preparation of the necessary paperwork required by FEMA for a CLOMR request submittal, preparation of the technical data required with the CLOMR submittal, and responding to questions/co mments raised by FEMA during their review process. TASK 2: PECAN CREEK TRIB. PEC4 CHANNEL IMPROVEMENT STUDY I. RECONNAISSANCE & DATA COLLECTION A. Attend one coordination meeting with OWNER for the purpose of reviewing available data for use during the study, reviewing the scope of the work to be done and the objectives of the study, and to review the project personnel and their responsibilities for bath OWNER and ENGINEER. B. Perform one visit to the Pecan Creek Tributary PEC-4 watershed to observe the existing conditions of the channel. The sit° visit will include the preparation of a photographic record of the conditions that presently exist along the channel, with particular attention focused on areas where potential design problems area anticipated. C. Coordinate wit`.t the Federal Emergency Management Agency to obtain the latest hydrologic (HEC1) and hydraulic (SEC-2) computer models for Pecan Creek Tributary PEC-4. D. Obtain field survey data, including the location and finished floor elevation of structures adjacent to the creek, channel cross sections, and bridge/culvert data for the entire length of the stream. E. Coordinate with local utility companies to determine the presence of existing utility lines along Tributary PEC-4. Q. PRELIMINARY DESIGN A. Perform hydraulic analysis of impact of the proposed channel improvements to Pecan Creek Tributary PEC-4: S G t Agenda No.. /Cs`J J agenda Irem Dale Mr. Jerry Clark, P.E. Febriary 26, 1996 Page 6 1. Evaluate not more than three channel improvement scenarios to determine the type and extent of channel improvements needed to eliminate the diversion c* stormwater from the PEC-4 watershed to the Pecan Creek watershed. The intent of the channel improvement evaluation will be to maintain the 100-year floodplain within the channel banks as required by the City of Denton drainage criteria. 2. Evaluate the need for increasing bridgelculvert sizes for the crossings along Tributary PEC-4. 3. Delineate on available topographic maps the 100-year floodplains for existing conditions and conditions with the proposed channel improvements in place. 4. Prepare summary table of results cf hydraulic analysis. C. Prepare an estimate of probable construction costs associated with the proposed channel improvement scenarios evaluated in the study. A cost/benefit analysis will be made of each channel improvement scenario developed. D. Review the Corps of Engineers regulations associated with 404 Permits and outline steps needed to obtain 404 Permit approval of the proposed r',annel improvemenla. Potential problem areas, if any, will be also identified, E. Prepare the necessary information required for a submittal to the Federal Emergency Management Agency for a Conditional Letter of Map Revision (CLOMR) reflecting the proposed planning project. F. Summarize t'he results of the preliminary design: 1. Prepare a report sLmmarizing the findinl,s of the preliminary design. The following items shall be included in the design report: a. Tabular comparison of floodplain elevations for existing channel conditions and conditions with the proposed channel improvements in place. b. Map showing the entire watershed with the locations of the proposed channel improvements, the location and type of bridge/culvert iri )rovements needed, the horizontal location of the existing utilities that could pose a potential conflict with the channel improvements, and the 100-year tloodplain limits for existing ccnditions and conditions with the channel improvements in place. f Agenda No, L o 1 _ Agenda Item Date r L(~, Mr. Jerry Clark, P.E. February 26, 1996 Page 7 C. Cross sections of the channel improvements in sufficient detail to illustrate the type of improvements proposed. d. An estimate of the probable construction costs and total project costs of the channel improvements. 2. Attend one meeting with OWNER to discuss the results of the preliminary design and ENGINEER's recommendations for proceeding with the project. COMPENSATION: ENGINEER proposes to perform the services described in the above Scope of Services for the lump sum of $97,980 (NINETY SEVEN THOUSAND NINE HUNDRED EIGHTY DOLLARS). If work outside or beyond the above scope is required and approved by OWNER, those additional services shall be compensate3 on the basis of Attachment B, SCHEDULE OF CHARGES, dated September 30, 1995. Payment for the services shall be due and payable upon submission of a statement for services. Statements for services shall not be submitted more frequently than monthly. INDEMNIFICATION: Freese and Nichols, Inc. (ENGINEER) shall indemnify and save harmless the CITY OF DENTON (OWNER) and its officers, agents and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons, or property, including court costs and reasonable attorney fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, or performance of this Agreement. OWNER RESPONSIBILITIES: OWNER shall assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project, including previous report and any other such data relative to the Project, including: I. Available topographic data of the proposed project sites. 2. The location of City-owned utilities (water and sewer) and privately owned utilities (gas, telephone, etc.) if available. 3. Copies of studies/reports of previous analyses associated with the proposed protect sites that were not previously prepared by Freese and Nichols, if any. ENGINEER shall have no liability for defects in the WORK attr;butable to ENGINEER's reliance upon or use of data, design criteria, drawings, specifications or other information 0 1 Agenda No. k e~ d Agenda Item-Lc'd_ Date Mr. Jerry Clark, P.E. February 26, 1996 Page 8 furnished by OWNER which was not previously prepared by Freese and Nichols, and OWNER agrees to indemnify and hold ENGINEER harmless from any and all claims and judgements, and all losses, costs and expenses arising therefrom. ENGINEER shall disclose to OWNER, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by OWNER to ENGINEER that ENGINEER may reasonably discover in its review and inspection thereof. OWNER shall review material submitted for comment in a timely manner so as not to delay the services of ENGINEER TERSMS AND CONDITIONS: The Scope of Services shall be performed pursuant to Attachment A, STANDARD TERMS AND CONDITIONS FOR PRA: cSSIONAL SERVICES, dated April 15, 1991, which is incorporated into and made part of this proposal, We appreciate this opportunity to provide you with our services and we look forward to continuing our relationship with the City of Denton. If additional information or clarification is needed, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement for our files. Very truly yours, FREESE AND NICHOLS, INC. CITY OF DENTON ~Cu - , By: Michael J. Dellies, RE Title: Project Manager Date: John L. Rutledge, P.E. Principal Attachments xc: Mike Nichols Terri Witcher (09195450}T W441AOREEUT LrR Agenda No. r ATTACHMENT A A.gend~ Item -IS-91 Date, STANDARD TERMS AND CONDITIONS FBcN ' FOR PROhESSIONAL SERVICES L DEFINITIONS: Tie term OWNER as used herein rc'ers to City of Denton The term ENGINEER as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. The AGREEMENT consists of these Standard Terms and Conditions, attachments hereto, the proposal letter by ENGINEER, termsfinstructions typed on the face of the Purchase Order or other authorization by OWNER. As used herein, WORK refers to the professional services performed by ENGINEER purse :at to the AGREEMENT, t 2. CHANGES: OWNER, without invalidating the AGREEMENT, may order change; within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in the ENGINEER'S cost o4 or the time required for, the performance of any parr of the WORK under iLe AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. - 3. TERMINATION: The obligauui to provide services under this AGREEMENT may be terminated by either party upon ten days' written i. ,,Ilse, In the event of termination, ENGINEER will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable termination. 4. CONSEQUENTIAL DAMAGES: In no event shall the ENGINEER or Its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, Incidental or consequential damages, such as loss of product, loss of u,:e of the equipmft~ or system, loss of anticipated profits or revenue, non-operation or Increased expense of operation or other equipment or systems. 5. INFORi1IATION FURNISHED BY OWNER: OWNER will assist ENGINEER by placing at ENGINEER'S dlspo<al all available information pe,-tinent to the Project including previous reports and any other data relaff it to design or construction of ale Project. ENGINEER shall have no liability for defects in the WORK attributable to ENGINEERS reilance upon or use of data, design criteria, drawings, specifications of other information furnished by OWNER and OWNER agrees to indemnify and hold ENGINEER harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. ENGINEER shall disclose to OWNER, prior to use thereof, defects or omissions in the data, design criteria; drawings, specifications or other information furnished by OWNER to ENGINEER that ENGINEER may reasonably discover In its review and inspection thereof. ti INSURANCE: ENGINEER shall provide to OWNER certificates of insurance which shall contain the following minimum coverages (All limits in thousands): Commerclal General U0111ty Workers' Compensation Genera! Aggregate S ; 52,000 Each Accident 500 Automobile Uability (Any Auto) Professiona:• Liability S3,000 Arriual Aggregate CSL $1,000 I r w e F Agenda Nolo- U SCHEDULE OF CHARGES AW~e BILLABL£ SALARY RATES Dale r` POSMON MIN MAX PRINCIPAL 144.11 171 DEPT. MANAGER 100.67 162.01 ASST. DEPT, MANAGER 79.94 99.93 PROGRAM MANAGER 73.31 94.14 SENIOR ENGINEEA 05.45 119.90 E NG INEER V 88.78 103.42 ENGINEERN 68.67 98,27 ENGINEER III 6205 82.20 ENGINEER9 55.45 65.42 ENGINEER1 42.80 83.50 $A. ELECTRICAL t NG INE E R 97.00 121.24 ELECTRICAL ENGINEER IV 74,52 91.15 ELECTRICAL ENGINEER III 66.10 84.33 MECHANICAL ENGINEER IV 64.05 $0.06 MECHANICAL. ENGINEER IU 51.40 6445 RES (DENT ENG INE ER 92.86 115.62 SENIOR RESIDENT REPRESENTATIVE 70.24 63.03 FIELD REPRESENTATIVE II 48.94 63.13 DESIGNER II 74.34 92.93 DESIGNER 1 65.63 $3.81 SENIOR ENGINEERING TECHNICIAN 68.62 83.79 ENGINEERING TECHNICIAN 49.25 61.79 7E.FINICIAN11 42.42 65.36 TECHNICIAN 1 37.25 47,76 DRAFTER 28.17 3512 CONSTRUCTION SERVICES TECH II 43,98 54,06 PLANNER N 56.48 73.08 ENVIRONMENTAL SCIENTIST VI6ASST DEPT MANAGER 74.86 9360 EWL90NMENTAL SCIENTIST V 67.42 84,28 ENVIRONMENTALSCIENTISTIV 82.74 78.42 ENVIRONMENTAL SCIENTIST 111 68.76 75.22 ENVIRONMENTAL SCIENTIST 11 4917 58,56 ENVIHONMENTALSCIENTIST9 45.32 49.00 ARCHITECT V 90.30 97.29 ARCHITECT IV 71.35 90.78 ARCHITECT III 58.91 71.14 ARCHITECT II 50,04 83.68 SENIOR GEOLOGIST 71.43 6912 HYDROLOGISTI' 32,27 54,98 HYDROGEOLOGIST 70.40 88.00 WORD PROCESS INGISECRETARAL 38.02 43.55 ASSISTANT TO ONISiONMANAGER 34.88 74.33 CONTRACT ADMINISTRATOR 5205 ,63,06 INFORMATIONSERVICES CLERK 29.12 40.46 CO-OP 17.75 37.76 TW nuties and h hoklaal dance wW be adjnaod annually. RATES FOR INHOUSE SERVICES Comm star and CAD Cslcomp P"Sir CAD~C Statinns It 10.00 par hour Bond 99.00 per plot Interpro $12.50 per hour Color $J, 50 perpk,I PC Stations $8.00 per hour Vellum 74.00 par pl it VAX Computer $2000 par hour Myler 610.00 par plot PrinShop Nslinee+ , $0,07 per aquae Not Offset end Xerox Copies $0.07 per single side copy Offset and Xerox Copies $0.14 per double side copy GSC Bindin0(Rog. Cover) $2.00 per book GBC Binding(Emboss. Cover) $410 per book Tape elnding(Rag. Cover) $1.75 par book 7-,)s Blrxling(Emboss. Cover) $3.75 per book Testins Atioaratus Density Meter $350.00 par month Gas Detection $10.00 per test OTHER DIRECT EXPENSES otherdimetgenses am mesbuned u ectualeoaftft a muhVJerof 1.15. They kxWe ou 0.prmci74aid reprodunion exlxns0.eommun fat kn tepase, tmwt I nmsponatkxr end wbsmerct ewer fmm Fort W orul.cd ouhcr m ncellaneous d irmly mk ud totht work, Lrcludin7 cons of hbontoryenalya testa .nd out x wrk mqu[m1 or be dmt ti k dmt pemoru othx the: etarr mm ben. cpm[A 09-30-95 c a r 6i\WPD0CS\0RD\FL900,PA0 Agenda No. - Agenda Item Date" ORDINANCE NO. ` O 7 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS WATER DEVELOPMENT BOARD FOR FLOOD PROTECTION PLANNING; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEkEBY ORDAINS: SECTION r_ That the City Manager is hereby authorized to enter into an agreement between the City of Denton, Texas and the Texas Water Development Board for flood protection planning. SECTION II, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1&-t\- day of 1996. BOB CASTLE ERRY, MAYOR ATTEST: JENNIFER WAITERS, CITY SECRETARY BY: AP VED S TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Ii Y ii a . r j:\wM0c5\ord\drsinage.ord Agenda No-~ ~ o Agenda Item Date A14-- ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE PREPARATION OF THE COOPER CREEK REGIONAL DETENTION STUDY AND THE PECAN CREEK TRIBUTARY PEC-4 CHANNEL IMPROVEMENT STUDY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVLDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute an agreement between the City of Denton and Freese and Nichols, Inc. for ;professional engineering services relating to the preparation of the Cooper Creek Regional Detention Study and the Pecan Creek Tributary PEC-4 Channel Improvement Study as required in the City application to the Texas Water Development Board for funding assistance, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: r d . i F A C E N T U R Y O F S E R V I C E agenda No. r I ril agenda Item Date.. ' FREE11118•MICHMS February 26, 1996 Mr. Jerry Clark, P.E. Director of Engineering/Transportation City of Denton 215 E. McKinney Street Denton, Texas 76201 Re: Cooper Creek/Pecan Creek Regional Drainage Improvement Study Dear Jerry: We are pleases' to submit this proposal for providing engineering services to the City of Denton for the Cooper Creek and Pecan Creek Tributary PEC4 Regional Drainage Improvement Study. We understand that the study is needed to evaluate possible alternatives for erosion and flood prntect!oa Gong Cooper Creek and Tributary PEC-4. We will use our previous work along Tributary PEC-4, particularly near Robertson Street and Bell Avenue, in the evaluation of possible alternatives for Tributary PEC-4. SCOPE OF SERVICES: ENGINEER proposes to provide our services as outlined in your application to the Texas Water Development Board for funding assistance and described in the following detailed Scope of Services: TASK 1: COOPER CRFEK REGIONAL DETENTION STUDY 1. RECONNAISSANCE & DATA COLLECTION A. A coordination meeting will be held with OWNER for the purpose of reviewing available data for use during the study, reviewing the scope of the work to be done and the objectives of the study, and to review the project personnel and their responsibilities for both OWNER and ENGINEER. B. Perform one site visit to the Cooper Creek watershed to evaluate possible sites for regional detention ponds. The site visit will include the review of not more than six possible sites for acceptability as regional detention facilities, including the following: Freese and Nichols, Inc. Engineers Environmental Scientists Architects 4055 Intarnational Plaza Suite 200 Fort Worth, Texas 76109.4895 817.735.7300 Metro 817.429.1900 Fax 817.735.7491 4 4 i ! lY ^ V 1 1 .genda No, Agenda Item Uate Mr. Jerry Clark, P.E. February 26, 1996 Page 2 1. The area north of Cooper Creek, east of Old North Road, west of Loop 288, and south of Windsor Street. 2. The area north of Kings Row, east of Yorkshire, and southwest of Loop 288. 3. The area north of Hercules, east of F.M. 2164, south of Loop 288, and west of Redstone. 4. The area north of Evers Parkway, west of F.M. 2164, and south of Loop 288. 5. Two other zdditional sites may be selected for evaluation in the study if conditions observed during the site visit su.-gest a favorable location. C. Coordinate with the Federal Emergency Management Agency to obtain the latest hydrologic (HEC-1) and hydraulic (HEC-2) computer models for the Cooper Creek watershed. D. Coordinate with local utility companies to determine the presence of existing utility lines within the possible regional detention facility site listed in Item S above. E. Coordinate with OWNER's staff to obtain available base mapping. The base map(s) will be prepared by OWNER from information currently available on its geographic information system (GIS). F. Obtain field survey data necessary for preliminary siting of the proposed detention facilities at each location. G. Obtain soil boring data at each proposed site. One boring will be made at each location selected as a possible detention site. ll. CONCEPTUAL EVALUATION A. Perform hydrologic analysis on the sites identified ir. uem I.B. above, including the following: 1. Computation of contributing drainage area to the sites being evaluated using topographic information available from OWNER's GIS data base. If sufficient topographic information is not available through OWNER's GIS 3 j 49enda No, Agenda Item Date Mr. Jerry Clark, P.E. February 26, 1996 Page 3 data base, the drainage area will be delineated using U.S.G.S. quadrangle m2ps of the watershed area. 2. Modify the existing HEC-1 computer model from FEMA to include design computation points at the potential regional detention facility sites. If an existing HEC-I computer model is not available from FEMA, a new model will be created. 3. Determination of the 5-, 10-, 25-, 50- and 100-year peak discharges for existing and ultimate watershed conditions with the detention facilities in place at each potential regional detention facility site. The typical SCS primary spillway wHI be used to estimate peak discharges with the proposed detention facilities in place. 4. Determine the maximum storage available at each of the regional detention facility sites. Future development adjacent to each site will be considered in the determination of the detention pond layout phase in addition to the existing development surrounding each site. In addition, dual purpose uses for the detention facilities, such as smcer fields, wlll be considered when evaluating the proposed detention ponds. 5. Evaluate the cumulative effect of the regional detention facilities on the peak discharges along Cooper Creek for the portion of the creek upstream of Loop 288. Prioritize the regional detention pond construction by { cosubenefit analysis. No more than twelve construction sequence scenarios will be evaluated to determine the effect of construction sequencing on the Cooper Creek peak discharges. B. Peifotm hydraulic analysis of impact of detention facilities on Cooper Creek floodplain: 1. Modify existing HEC-2 hydraulic stream model of Cooper Creek to include the peak discharges computed in Item ILA above. 2. Compute expected floodpiain profiles corresponding to 10-, 50- 100- and 500-year frequencies for existing and ultimate watershed development with the proposed detention facilities in place. 3. Delineate the 100-year floodplains on available topographic maps for existing condit. as and ultimate development conditions with the proposed detention facilities in place. v Agenda No. A0enda item Gate Mr. Jerry Clark, P.E. February 26, 1996 Page 4 4. Prepare summary table of results of hydraulic analysis. C. Prep.,re an estimate of probable construction costs associated with the proposed regional detention system. D. Review die TNRCC regulations associated with detention facility construction and outline steps needed to obtain TNRCC approval of the proposed regional detention system. Potential problem areas, if any, will be also identified. No environmental reviews of the proposed detention facility sites will be performed. If such reviews are required and *.equested by OWNER, such reviews shall be considered additional services and ENGINEER shall be entitles to compensation based on Attachment B, Schedule of Charg;s. E. Summarize the results of the conceptual evaluation: 1. Prepare a report summarizing the findings of the conceptual evaluation. The following items shall be included in the conceptual report: a. Comparison of discharges for existing development, ultimate watershed development, and ultimate watershed development with the proposed regional detention system in place. b. Map showing the entire watershed with the locations of the proposed regional detention facilities and their respective contributing exainage areas, the horizontal location of the existing utilities that could pose a potential conflict with the proposed detention facilities, and the 100-year floodplain limits for existing conditions and ultimate watershed conditions with the detention facilities in place. C. The anticipated construction costs of the regional detention facilities on a per-site basis as well as for the entire regional detention system. Provide a recommendation concerning the sequencing of constructing the regional detention facilities in accordance with Item ILA above. d. Provide a recommendation for alternative dry weather uses for the regional detention facilities, as well as the possibility of retaining water in the ponds for aesthetic purposes, such as in a park. Agenda ND, J-& Agenda Item Date Mr. Jerry Clark, P.E. February 26, 1996 Page S 2. Attend a meeting with OWNER to discuss the results of the conceptual evaluation and the ENGINEER's recommendations for proceeding with the project. III. FEMA SUBMITTAL Prepare the necessary information needed for a submittal to the Federal Emergency Management Agency to obtain a Conditional Letter of Map Revision (CLOMR) for the project areas. Work to be performed in this task includes preparation of the necessary paperwork required by FEMA for a CLOMR request submittal, preparation of the technical data required with the CLOMR submittal, and responding to questions/comments raised by FEMA during their review process. TASK 2: PECAN CREEK 'C'RIB. PEC4 CHANNEL IMPROVEMENT STUDY 1. RECONNAISSANCE & DATA COLLECTION A. Attend one coordination meeting with OWNER for the purpose of reviewing avaAable data for use during the study, reviewing the scope of the work to be done and the objectives of the study, and to review the project personnel and their fesponsibilities for both OWNER and ENGINEER. B. Perform one visit to the Pecan Creek Tributary PEC4 watershed to observe the existing conditions of the channel. The site visit will include the preparation of a photographic record of the conditions that presently exist along the channel, with particular attention focused on areas where potential design problems area anticipated. C. Coordinate with the Federal Emergency Management Agency to obtain the latest hydrologic (HECI) and hydraulic (HEC-2) computer models for Pecan Creek Tributary PEC-4. D. Obtain field survey data, including the location and finished floor elevation of structures adjacent to the creek, channel cross sections, and bridge/culvert data for the entire length of the stream. E. Coordinate with local utility companies to determine the presence of existing utility lines along Tributary PEC-G1. H. PRELMINARY DESIGN A. Perform hydraulic analysis of impact of the proposed channel improvem:ats to Pecan Creek Tributary PEC-4: Agenda No. Aoenda Item U Data Mr. Jerry Clarr:, P.E. February 26, 1996 Page 6 1. Evaluate not more than three channel improvement scenarios to determine the type and extent of channel improvements needed to eliminate the diversion of stormwater from the PEC-4 watershed to the Pecan Creek watershed. The intent of the channel improvement evaluation will be to maintain the 100-year floodplain within the channel banks as required by the City of Denton drainage criteria. 2. Evaluate the need for increasing bridgelculvert sizes for the crossings along Tributary PEC4. 3. Delineate on available topographic maps the 100-year floodplains for existing conditions and conditions with the proposed channel improvements in place. 4. Prepare summary table of results of hydraulic analysis. C. Prepare an estimate of probable construction costs associated w;th the proposed channel improvement scenarios evaluated in the study. A cost/benefit analysis will be made of each channel improvement scenario developed. D. Review the Corps of Engineers regulations associated with 404 Permits and outline steps needed to obtain 404 Permit approval of the proposed channel improvements. Potential problem areas, if any, will be also identified. E. Prepare the necessary information required for a submittal to the Federal Emergency Management Agency for a Conditional Letter of Map Revision (CLOMR) reflecting the proposed planning project. F. Summarize the results of the preliminary design: I. Prepare a report summarizing the findings of the preliminary design. The following items shall be included in the design report: a. Tabular comparison of floodplair, elevations for existing channel conditions and conditions with the proposed channel improvements in place. b. Map showing the entire watershed with the locations of the proposed channel improvements, the location and type of bridge/culvert improvements needed, the horizontal location of the existing utilities that could pose a potential conflict with the channel improvements, and the 100-year floodplain limits for existing conditions and conditions with the channel improvements in place. agenda No. - Apenda Item t)ate~" lg ' ~C~~ Mr. Jerry Clark, P.E. February 26, 1996 Page 7 C. Cross sections of die channel improvements in sufficient detail to illustrate the type of improvements proposed. d. An estimate of the probable construction costs and total project costs of the channel improvements. 2. Attend one meeting with OWNER to discuss the results of the preliminary design and ENGINEER's recommendations for proceeding with the project. COMPENSATION: ENGINEER proposes to perform the services described in the above Scope of Services for the lump sum of $97,980 (NINETY SEVEN THOUSAND NINE HUNDRED EIGHTY DOLLARS). If work outside or beyond the above scope is required and approved by OWNER, those additional services shall be compensated on the basis of Attachment B, SCHEDULE OF CHARGES, dated September 30, 1995. Payment for the services shall be due and payable upon submission of a statement for services. Statements for services shall not be submitted more frequently than monthly. INDEMNfFICATION: Freese and Nichols, Inc. (ENGINEER) shall indemnify and save harmless the CITY OF DENTON (OWNER) and its officers, agents and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons, or property, including court costs rnd reasonable attorney fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, or performance of this Agreement. OWNER RESPONSIBILITIES: OWNER shall assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project, including previous repot! and any other such data relative to the Project, including: 1, Available topographic data of the proposed project sites. 2. The location of City-owned utilities (water and sewer) and privately owned utilities (gas, telephone, etc.) if available. 3. Copies of studies/reports of previous analyses associated with the proposed project sites that were not previously prepared by Freese and Nichols, if any. ENGINEER shall have no liability for defects in the WORK attributable to ENGINEER's reliance upon or use of data, design criteria, drawings, specifications or other information l J agenda No, C9 ,o Aoenda 11em Date Mr. Jerry Clark, P.E. February 26, 1996 Page 8 furnished by OWNER which was not previously prepared by Freese and Nichols, and OWNER agrees to indemnify and hold ENGINEER harmless from any and all claims and judgements, and all losses, costs and expenses arising therefrom. ENGINEER shall disclose to OWNER, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by OWNER to ENGINEER that ENGINEER may reasonably discover in its review and inspection thereof. OWNER shall review material submitted for comment in a timely manner so as not to delay the services of ENGINEER TERMS AND CONDITIONS: The Scope of Services shall be performed pursuant to Attachment A, STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES, dated April 15, 1991, which is incorporated into and made part of this proposal. We appreciate this opportunity to provide you with our services and we look forward to continuing our relationship with the City of Denton. If additional information or clarification is needed, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement for our files. Very truly yours, FREESE AND NICHOLS, INC. CITY C F DENTON -P~Cj 4:1` By: Michael J. Dellies, P.E Title: _ Project Manager i-JN Date: John L. Rutledge, P.E. Principal Attachments xe: Mike Nichols Terri Witcher (0Pr93430)T:%DTNU0REE►fTLTR ATTACHMENT A I,„tnda W i % A 101__ A9enda item i.. , a STANDARD TERMS AND CONDITIONS F&N FOR PROFESSIONAL SERVICES 1. DEFINITIONS: The term OWNER as used herein refers to City of Denton ."The' term ENGINEER as used herein refers to Freese and Nichols, Inc., its employees and agents; also its ti subcontractors and their employees and agents. The AGREEMENT consists of these Standard Terms and Conditions, attachments hereto, the proposal fetter by ENGINEER, terms5risiructiovs typed on the face of the Purchase Order or other authorization by OWNER. As used herein, WORK refers to the j professional services performed by ENGINEER pursuant to the AGREEMENT Y . ~ 2. CHANGFS: OWYE'12, without Invalidating the AGREEMENT, may order changes within the general k, scope of the WORK required by the`AGREEMENT by•altering, adding to and/or deducting from ibe ry WORK to be• performed. If any change under this clause causes an Increase or decrease In the ENGINEER'S test of, ot'tbe rime iejulied for, the performance of any part of the WORK under the AGREEMENT, an equitable erJustnsent wdl be made by mutual agreement and the AGREEMENT J~ 4` i / ^ I..' a3 6rrr1,~ y t r ; y rh modilied In w~r.i~rtlag accordingly i4 1 •t:•SI l `~f~wt•I~ju;t7,Rf~~1k.,.J ~.,.x~1 Y•(. i IN, 3. TERMINATION: The obligation to provide services under this AGREEMENT maybe terminated by r j either party upon ten days' written notice. In the 'eveni of termination, ENGINEER will be paid for all services rendered and reimbursable expenses incurroA to the date of termination and, in addition, all reimbursable ertpenss'dIrecUy nttrbutable to termination. ' .•yr yw^~f.t"~~wt b: ~J .t rhhtI ~~V•j~.~t{~~,.~ .a .init.`}.ri t r . ~~IJ 4. CONSEQUENTIAL DAMAGES: In no mat shall the ENGINEER or its subcontractors be liable in ` contract, tort, strict liability, warranty, or otherwise for any special, indirect, Incidental or consequential "'damages, such xi loss of product; loss'of use of ibe equipment or system, tam of anticipaied profits or revenue, aoa ope,.~rayt~ion or increased expense o! operation or other equipment or systems .47~..Z(~1~~}rt}~y~, •1~/ Y~. w,r, .i r 't' • t9t n' c .G.r;x:•a'y'ac' a!'"'Ji`; c'a" ` iv 5. INFORMATION FURNISHED BY OWNER: O^ER will assist ENGINEER by placing at "x ENGINEER'S disposal all available lnfoimat!oa pertinent to the Project including previous reports and . . I;.r..r any other data relative to design or construction of the Project. ENGINEER shalt have no liability for r q defects to the WORK attributable to ENGINEERS reliance upon or use of data, design criteria, draw*, specifications or other information furnished by OWNER and OWNER agrees to indemnify and bold ENGINEER harmless from any and all clalms and judgments, and all losses, costs and expenses arising therefrom. ENGINEER shall disclose to OWNER, prior to use thereof, defects or omissions n ` the data, design criteria; drawings, ~apectficattons 0}'otber Information furnished by OWNER to ENGINEER that ENGINEER may reasonably discover in its review and inspection thereof.' 1 I, yi~y~yt7,ti/:,r• a'1V a•~..~ :,{~~tx~./ f'f,~, ,.,''fi'r' ^l ' 'r • u ~,rt~`` b INSURANCE: ENGINEER shall provide to OWNER certificates of insurance which shall contain the - following mirdmum coverages (All limits in thousands) J ' G\*M IpP:-fw.1_pJ , 514 Af. Commercial Gene al Liabilityf Plti 4Worlters' Compensation t.ii ch Accident S 500 General ABF,r"eBate Ea 52,000 ti Automobile babihty (Any Auto))`_ s Fr J Professional Liability S3,000 Annual Aggregate CSL 51,000 S: J SCHEDULE OF CHARGES AT~ACH~1E ^ B~~ABLESALARV RATES Agenda item Date ' POSMON K IPAL MI__! ,X DEPT. MANAGER 144.11 1 76 .67 ASST. DEPT. MANAGER 100.67 162.01 PROGRAM MANAGER 79.04 90,03 SENIOR ENGINEER 75.31 94.14 ENGM, ERV 95.45 11910 ENGINEER N 06.76 103.42 ENGINEER III 08.87 06,27 ENGINEER II 62.05 02,20 ENGINEER1 55.43 65.42 SR. ELECTRICALENGINEEA 42.00 53.50 ELECTRICAL ENGINEER N 97.00 12114 ELECTRICAL ENGINEER In 74.52 93.15 MECHANICAL ENGINEER IV 06.10 84,33 MECHANICAL ENGINEER III 64,05 00.06 RESIDENTENGINEEA 51.40 64.25 SENIOR RESIDE NT REPRESE NTATIVE 02.66 115.62 FIELD REPRESENTATIVE X 70,24 63,03 DESIGNER ti 48,04 63.13 DESIGNER1 74.34 02.93 SENIOR ENGINEERING TECHNICIAN 05.63 83.01 ENGINEERING TECHNICIAN 8802 83,70 TECHNICIAN n 49.25 61.79 TECHNICIAN 1 42.42 0516 DRAFTER 37.25 47.78 CONSTRUCTION SERVICES TECH n 28.17 35.22 PLANNER N 43.98 54,90 ENVL90NMENTAL SCIENTIST VI & ASST DEPT MANAGER 56.46 73.08 ENVOiO"MENTALSCIENTISTV 74.88 03,60 ENViRONMENTALSCIENT13TIV 67.42 84.20 EWIRONMENTALSCIENTIST III e2.74 70.42 ENVIRONMENTALSCIENnSTll 60.76 75.22 ENVIRONMENTAL SCIENTIST1 4017 58.56 AACHITECTV 45.32 49,06 ARCHITECT N 90.30 07,29 ARCHITECT 111 71,05 00.78 ARCHITECT n 5091 71,14 SENIOR GEOLOGIST 50.04 63,68 HYDROLOGMT11 71.45 ' 69.32 HYDROGEOLOGIST 52.27 $4,98 *ORDPROCESSINGlSECRETARUAL 70.40 68.00 ASSISTANT TO DIVISION MANAGER 38.02 43.55 CONTRACTADMINIST4ATOR 54.80 74,53 INFORMATION SERVICES CLERK $2.05 65.06 CO-OP 29.12 40.46 'ti rwm en4 lwm&-et Lkew ea Is WJttred X67. 17.75 37.76 GATES FOR INHOUSE SERVICEa_ Com War and CAD FU CAD one 010.00 Celoom Plotter rpro per hour lot SLtlons 812.50 per hour coBond --42 w 03,50 per pplot VAX urtiom r 68,00 per hate VeNum 04.00 per plot 120 00 per how Myter 010.00 per plot Print -shop Ilnee Olfsd "Xerox copies 6.07 Per egwe foot 0" &W Xerox Copies 80.07per elnOla side copy GBC BW4N(Reg. Covert 00.14 per double ekfe copy 06C NNWIn01Emtoss. Cover) 6240 per book Tepe ohdIrv(RaO. Covert' 64.00 per book To" akidN1Emboss, Cover) 0115 per book Iltet~no enara $3 75 per book De2Vmater 8350.00permonth au Detection $I0.00Per test OTHER DIRECT EXPENSES pp(0e~ OLhadhd ree~nkr.W w~nneporluio~uW ahlnareol l.v. Thrytr<l~de ouude pr!-ilne ~n4uctloo ad e~ !rde PerkV14O to Ne wrl, t, eauafLhontM'uulrik t rndothcf-dro9duWdlabt4~ bttepatderu perwu aher t/un red mMaete r< ty cpm:A 09 - 30- 9$ 9 Agenda No. a - a Agenda Item Due 3 - f - le CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: March 19, 1996 SUBJECT: Development Policy C-)mmittee Appointments RECOMMENDATION: NIA SUNIMARY: Council would appoint a Development Policy Committee and charge it to advise P&Z and the Council about a major update of the Denton Development by resolution, attachment 1. BACKGROUND: September 13, 1995: P&Z makes recommendations concerning advisory committee and program for a major update of the Denton Development Plan. October 17, 1995: Council approves update program. November 14, 1995: Council approves appointment system and type of committee member, attachment 3. January 2, 1996: Council increases from 4 to 7 neighborhood representation and calls for nominations direct to council. January 10, 1996: P&Z selects its nominees. December 12, 1995 and January 29, 1996: Briefing to neighborhood interests about program and nomination process. February 15, 1996: Briefing to Chamber of Commerce about program and nomination process. it February 27, 1996: Briefing to Vision Cabinet, Council work session. March 5, 1996: Council considers its nominations to the committee. l 6 { Agenda No. ' ' 1,genda Item - City Council Report Date 1 - / Page 2 PROGRAMS, DEPARTAIENTS OR GROUPS AFFECTED: All of Denton. FISCAL IMPACT: Update of the Plan is estimated to cost $82,610. RESPECTFULLY SUBMITTED: Prepared by: Rick Svehla, Acting City Manager Frank H. Ro bins, AICP Director of Planning and Development Attachments: 1. Draft resolution. AA7 WA06 r J:\LPDOCS\RES\DEVELPOL.RES ATTACHMENT 1 A.]enda No.~ Agenda Item Date~ RESOLUTION N0. A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DEVELOPMENT POLICY COMMITTEE TO MAKE RECOMMENDATIONS CONCERNING THE UPDATE OF THE DENTON DEVELOPMENT PLAN; APPOINTING MEMBERS TO THAT COMMITTEE; APPOINTING A CHAIRPERSON OF THE COMMITTEE; SETTING FORTH THE DUTIES AND TERM OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan calls for major updates every five to ten years; and WHEREAS, the Planning and Zoning Commission has recommended that a major update program be undertaken; and WHEREAS, the City Council approved the major update program on October 18, 1995, as shown in Exhibit I; and WHEREAS, the Council wishes to appoint a Development Policy Committee (the "Committee") to review and make recommendations concerning development policy and appoint a chair for such committee in accordance with the approved u THEREFORE; plate program; NOW, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Appointment. The following persops and chair are appointed to the Development Policy Committee: Jo Nash Chair Perry Slack Curtis Himes Jim Engelbrecht _ Rover Ramirez Martha Guerra Pick Smith _ Donna McClendon Rob Raynor _ Carolyn Smith Terry Schertz Alma Clark Gilbert Bernstein Jesse Coffey Chuck Hanley. JLarry Luce F,-u_line Brock _ Gary Juren Mike Cochran Brian Burke Bob Powell Charldean Newell 3. f G A4enda No._, Acenda Item-) L~_ Date 1 ` C' , SECTION-11. Responsibilities. The Committee shall study development policy and make recommendations to the Planning and Zoning Commission and the City. Council in accordance with the program in Exhibit I. SECTION III. Term. Each member shah be appointed by the City Council for a period not to exceed two years or when the City council considers the Committee's final recommendations, whichever occurs first. SECTION IV. Procedures. The Committee may adopt rules for the conduct of its meetings. SECTION V. Staffing. The Director of Planning and Development is designated the staff liaison to the Committee. PASSED AND APPROVED this the day of , 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY., PAGE 2 Y V L Agenda No, Q/ Agenda item EXHIBIT I Date DENTON DEVELOPMENT PLAN UPDATE PROGRAM 1. Conduct a major update. 2. Council appoints a development policy committee that would recommend to P&7,, who would recommend to Council amendments to the Denton Development Plan (DDP). 3. The committee may form subcommittees and allow participation by persons not appointed to the committee on the subcommittees. Subcommittees chairs appointed by committee. 4. Example schedule: • Committee orientation and staff No later than one month after data gathering: formation of the committee. • Committee begins exploring major No later U',dn two months after issues, considers forming formation of the committee. subcommittees, and develops a sector planning process and schedule: • Remaining time: I year or longer. S. Committee and subcommittee meeting times to be determined by the committee and subcommittees. I 6. The committee may recommend amendment of any part of the Denton Development Plan at avy lime rather than recommendation of the whole plan at once. 7. The Committee may recommend ordinance ,unendments at any time. 8. The Concept Map should be reviewed and amended through sector planning. 9. Major issues for initial exploration by the Committee. a. Review the Concept Map. Refine intensity area boundaries and Appendix A study area boundaries. • Complete this detailed planning project by neighborhood or sector planning. • Adopt a goal that the Concept Map, the zoning map, and actual land use should be the same, r ti s AgeAhem AgenDale s Deal with existing zoning which is inconsistent with current intensity area designation. b. Revise the Thoroughfare Plan. Add the collector street system. c. Expand the planning area to the ETJ. d. Consider adding water, wart:water, parks, drainage, and school master plans. e. Conduct studies about and consider increasing intensity along I-35 and Loop 288, while improving the community's attractiveness and brand image along major entranceway corridors. f. Refine policy statements, for instance: 1) No more than 113 of moderate activity area can be commercial or retail. 2) No more than three comers of a moderate node may be commercial or retail. 3) Site plan policy that may require PD zoning in most zoning to nonresidential use. 4) Refine 112 mile separation policy adding, "on the same side of a street." 5) Multifamily policy, the current policy defines multifamily at 12 units per acre or greater. g. The Committee should consider shortening the Plan's volume by deleting land use projection data and consolidation of policy statements, for instance. h. Include analysis of the Vision Project's strategies. I AXX009FA 6. J Apend~ 110. 0 1 Apenda tom cm CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: March 14, 1996 SUBJECT: Naming of the Multi-Purpose Room at the Martin L. King, Jr. Recreation Center RECOMMENDATION: It is recommended that the City Council approve a resolution to name the multi-purpose room in Martin L. King, Jr. Recreation Center as the "Olivia M. Ammons Room," in recognition of her contributions to Denton and its citizens. SUMMARY: Mr. Clordie Branch approached the Parks and Recreation Department with a request to rename the Multi-Purpose room at the Martin L, King, Jr. Recreation Center to the "Olivia M. Ammons Room". In 1986, Mr. Branch donated $12,000 toward the construction of the MLK Center and is making this request to honor Mrs. Ammons as a part of the Black History Month celebration. At its regular meeting on February 19, 1996, the Parks and Recreation Board unanimously approved this request (Attachment 1). BACKGROUND: The following history of Olivia M. Ammons was provided by several members of the Southeast Denton community including Clordie Branch, Mark Chew, Ruby Cole and Betty Kimble. In addition to these individuals, the MLK Advisory Board President has endorsed this request. The full board will take formal action at their next meeting. N.I.C.E. has also endorsed this request. Mrs. Ammons (see Attachment 2) was a well known and highly respected educator and community activist in Denton. She received her Bachelor and Master degrees from Prairie View A&M University. In her early career, Mrs. Ammons taught children from November through February. She came to Denton in 1921 from Bonham and taught at Fred Douglas and Fred Moore schools for 52 years. She retired in 1969 from teaching, but remained active in the community for many years. Mrs. Ammons died on October 15, 1987, Mrs. Ammons is also known for her volunteer efforts, especially as a fund raiser. At the St. James A.M.E. Church, where she was a member, she was crowned "Queen of St. James" on several occasions for raising money. In addition, she was recognized by Bishop College (now Paul Quinn College) for her service from 1973 - 1978. As a member of the Bishop College booster committee, she personally raised half of the total amount collected by the 10 member fund raising committee. Mrs. Ammons has received several prestigious awards including the State of Texas Volunteer Service Award and the Ronald Reagan Presidential Award for Outstanding Service in 1985. She also served in numerous other causes including the American Heart Association, United Way, March of Dimes, Retired Senior Volunteer Program and served on the advisory committee at the Denton State School and in 1969 on the Denton Board of Education. r r Awda No. Rpenda Item Page 2 Date MLK Multi-Purpose Room Naming In responding to Mr. Branch's request, it is noted that the City's current policy for nanung facilities does not specifically address the naming of facilities other than entire parks and buildings (Attachment 3). The Park Board has chosen to recommend to the City Council the approval of this request on its own merits, recognizing Mrs. Ammons contributions. The Park Board will consider possible changes If to the naming policy, beginning at their March Meeting. There are three other instances of rooms or facilities being named for individuals. At the Denton Senior Center is Aletha's Country Store (Aletha Keach) and the Ed Bonk Woodshop. Both these individuals played an instrumental role in the development of those two endeavors. Roberts Field at Mack Park is named for Ronnie Roberts who served boys' baseball programs in Denton for 35 years. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Department FISCAL IMPACT: A plaque will be purchased for display; otherwise there will be no impact t3 the General Fund budget as a result of this action. RESPECTFULLY SUBMITTED: r/e I - I /-j Rick Svehla Acting City Manager Prepared by: Ed Hodney, Directo Parks and Recreation Department 4Z~~ AMcKe n Executive Director Municipal Services and Economic Development up6. I ammons.js ml 3-! 4 -96 r c } Attachment 1 EXCERPTS FROM MEETING MINUTES DRAFT Agenda No ' Denton Parks & Recreation Agenda IIt_em~ ~ Advisory Board Meeting Date~,z= Fe) co ebruary 19, 1996 Members present: Tom Judd, Burkley Harkless, Doug Chadwick, and Loyce Wilson. Staff present: Bob Tickner, Janet Simpson, Janie McLQod, and Ricky Petty. Chairman Tom Judd called the meeting to order at 5:46 p.m. The minutes were approved by a motion made by Harkless and seconded by Chadwick. ACTION ITEMS: Denton louth Sports Guidelines for Soccer/Baseball Field Use. Tickner said the amendment to the guidelines for co-sponsored events was for one year and it needed to be renewed. The co- sponsored events uses the soccer and baseball fields. John Taylor with the Denton Boys Baseball Association was present and requested that the PARD Board support the recommendation to continue the amendment. Taylor also requested more playing times to use the fields due to the limited number of playing fields. Staff's recommendation was to support the Denton Youth Sports Association's request to approve the revised policy for another year and to study the sports growth pattern. Chadwick moved to adopt the revised policy for another year as { presented and Harkless seconded. The motion passed unanimously. Naming the Activitv Room in the MLK Center in Memory-of Olivia Maxine Ammons. Staff recommended that the Parks and Recreation Board concur with the request to rename the multi-purpose room in Martin L. King, Jr. Recreation Center as the "Olivia M. Ammons Room," in recognition of her contributions to Denton and its citizens. Chadwick moved to adopt the recommendation and Harkless seconded the motion. It passed unanimously. DISCUSSION ITEMS: Review Recommendations for Golf Driving Range Operation. Simpson reported that there were no responses for the RFP regarding PALLSEARrRS Robert Austin James Dupree Pal,aer Rayford James Allen OBDEQUIES James Rayfor", Mack Nelson .nemecrsaur a,rx~t►s of OLIVIA MAXINE AMMONS Flower Bearers I.~,., Member of Choir INTERMENT ,Ceder Hill Cemetery Honey Grover Texas M FUNERAL DIRECTORS I FANNIN COUNTY rUNERALSERVICE so"hem. Tax" Phone 214.583.2022 a n Services at St. Paul A.M.E Church 3 0 APPRECIATION Honey Grove, Tx. Rev. Roy C. Norman, Pastor We with to thank the many friends, who expressed their sympathy October 15r 1987 - 2:OOP.M. at the time of the death of our loved one through telegrams, flowers, cards of condolences, words, and food. - The family - r z t Biographical Sketch Mrs. Olivia Maxine Seay was born in Bonham,Tx Fannin County. PROGRAM She attended and graduated from Washington High school Higher Education B.S. Degree, Prairie View, Tx 1937 PROCESSIONAL Soft Music K.A. Degree, Prairie View, Tx 1951 Also attended Colorado A.M. Ft Coilins,Col SONG Jesus Keep Me Near the Cross Occupation :Taught School 52 Years in Fannin County and Denton county, Tx. SCRIPTURE - CHURCH Bradford Chapel A.M. E, Bonham,Tx, St James A.M,E. Denton,Tx PRAYER - St Paul A.M.E., Honey Grove, Tx Active until tier accident in 1985 Solo ..Anetta Mc Fail Marriage Alvin 0. Ammons Feb,10,1930 He preceded her on death APPRECIATION iSre Back of Program) Organications: Pride of Honey Grove Eastern Star #415 Retired Teacher Assoc. RESOLUTIONS - Volunteer March of Dimes " Grove Manor Nursing Home EXPRESSIONS (Limit 2 Minutes Please) Honors and Awards March of Dimes SONG Precious Lord The State of Texas for Volunteer Service 19f;5 President Ronald Reagan for Outstanding Service. 1985 EULOGY Board of Education,Denton Tx. 1969 FINALTRIBUTE Funeral Director Surviaora A Host of cousins and Many friends RECESSIONAL Solt music y COi 4 ~G 2 7 a n a+ w z ) 3 0 / f ir..~ clirc7i~~~.L~1 1 r ' J L!R-cG<C. ~6' ~'.'~r ~['hti er^e~Q.<...y r.P.a 1 ~t_~r? J91D~, agenda No. Agenda Item 1 46 Data 7 ` LCc= 'I'm Rra tetra l to the peoplle of Denton -Olivia Ammons Fund raising earns praise for Dentonite .r. Lifestyle OCHRA.q for luateeia to w,rrk with he Editor signiz UP. Fund raising Is practically a way of Mrs. Ammons has signed up for life for Olivia Ammons of Denton, numerous other fund She has ~ Involved pstgna since she moved Wo Denton earn. in coll donatiom for many cauSw lm the W4 Wi, including the Amerk m Heart hgl! century, but most recently w Past ASW0011, United ag Dimes and others 4' F*d AuW a& of Moon reBishoognlW wff4 a special award by School, her class ■IxayS raised the op College of Dallas, most money toward school projects Mrs- Ammons and often won tripe to Mexico or other and received a trophy vacation spots, from the College for her sat "ce~the form of fund ' She works to raise money for St. raldwl from I973 to 1978. As a James African .MethC41ist E01Wpai member of the Bishop College booster Church, of which she is a member, rnmmJttee, She contributed to the 'I've been crowned 'Queen of St. Support of the college by garnering James' on Several occasions for, coetrfbutlons. She personally raised raising the most moaety," she laugh. half the total amount collected by the ed. ''They Cali me a fln:sacfai wtsard" 10-member committee. "I raised more than !1,900 and the woman of the~anr:W WO~,s Day „ committee raised !2,200.26, Me said Reny at the church last spring; With with a smile. her help, the church raised !1,000 more than its soil of $3,000. Some of A graduate of prairie yew, A&M the Contributions to the church fund U volved niversity. Mn. Ammons got fn• were made by former students whom Bishop College when she she contacted by malt "Bod to take postgraduate courses Mn. Ammons, who 'retired in low is education. She taught elementary from the teachingprofeaefoa, Is active educational Fred Moore School for 48 In the, Retired Sendor Volunteer yeas. served advisory "I Jug took Causes to Improve my committee at Denton satee School. oIsabing't, she said, WIU atneeded s Blab finsncial Om raising funds, she said: "Peop:e that the °p eBe ~ so have confidence in me and I enjoy it. I funds omeone to raise felt a need for these Causes. I'm very committee and thec m ~ed ~ Contributi~ le of hobo for ATTACHMENT D NOV 1 1 1919 Chill walk l ~ / I ~ f V '.Jr A ~ yr. % . i , J eJ irfi N ii k„fis ,r. !f YG: - t~ ~e fIN1 NfNe by RoAFpr HART Olivia Ammons 74, braves the chul temperatures to participate In A eywa a urday In Denton, The walk was a fund-raising event for the Denton division of the American Heart Association, and covered an area from Vents Field on the North Texas State University campus to the town of Krum. Assisted by a cane, Olivia completed her planned i pari of thewalk, from the stadlum to Westgate Hospital on Interstate 35. Walkers soticited sponsors to pledge a sum of money per mile they w Mtlked. r t Agenda No.~ Agenda Item_ Date ell / p/A74,1 11 Akv . 13e 4i, V- VsN b1.x 2-13-~tSo i a ,.j 4 Ate'[ 7 a, pOAI lit" 4.0 c t Attachment 3 ' CITY Of DENTON .t,)eada N0. 2 y CA DEPARTMENT OF PARRS AND RECREATION Agenda ltero L POLICY FOR NAMING ?ARK LANDS AND FACILITIESNO I. PROCEDURE FOR NAMING PARR LANDS AND FACILITIES A. The chairman of the Parks and Recreation Board shall name a committee that will be responsible for recommending a name for all park lands and facilities to the Board. B. The committee shall be responsible for research, study, 1 and recommendation of a proposed name to the Board. Rationale for the selection of the recommended name shall be given in writing. C. The Parks and Recreation Board shall approve or disapprove of the name recommended by the committee. D. If ti,e committee's recommendation is disapproved by the Board, then the matter may be referred back to the committee for further action. E. Upon approval, the recommended name will be forwarded to the City Council for their consideration. II. GUIDELINES FOR NAMING PARR LANDS AND FACILITIES A. Park lands shall be named within sixty (60) days after acquisition. B. Park lands and facilities shall be named in the following manner: 1. In honor of individuals who donate land for park space or donate a major part of the funds required to construct or renovate a facility; 2. In honor of individuals who sell open space to the City at a reasonable cost; 3. In honor of deceased national or state heroes; 4. In honor of deceased community leaders; 5. In relation to predominant characteristics or physical features (lake, trees, stream, river) of the land; 6. In relation to sub-divisions within the City; 7. in relation to streets adjacent to the park. Recommendations under 1, 2, and 4 should not be publicized until final action has been taken by the City Council. s t, Agenda No. Agenda Item Date_3" I C. Recreation centers that are a part of or lie within the boundaries of a park shall bear the name of that park (such as North Lakes Center or Denia Park Recreation Center) unless the park name cannot be incorporated in the facility name (such as Denton Senior Center). a \WPD0C5\0.E5\A"40N.PM C;iP~Qd fVO.,~Cp ~j } ~Oenda Item Date RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON NAMING THE MULTI-PURPOSE ROOM IN THE MARTIN L. KING, JR. RECREATION CENTER; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Mr. Clordie Branch has approached the Parks and Recreation Department with a request to rename the multi-purpose room at the Martin L. King, Jr. Recreation Center in honor and memory of Olivia M. Ammons; and WHEREAS, Mrs. Ammons was honored during Black History Month for the numerous contributions she made to the community as a whole, including her 52 years of teaching at Fred Douglas and Fred Moore School, her continuous volunteer and fund raising efforts for which she was recognized at both the state and national levels, and for the many other causes for which she served; and WHEREAS, the Parks and Recreation Board recommends to the City Council the name Olivia M. Ammons Room for consideration; and WHEREAS, the City Council has determined that it would be proper and fitting to name the multi-purpose room at the Martin L. King, Jr. Recreation Center in honor and memory of Olivia M. Ammons and wishes to recognize this community leader for her generous contributions of service; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the multi-purpose room at the Martin L. King, Jr. Recreation Center shall now and hereafter be known and designated as the Olivia M. Ammons Room. SECTION II That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1930. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,~CITY ATTORNEY BY: a ~'.i Z' Banda No. --Oil AOanda Item Data Jgir ` .;F t R E S O L U T I O N r r, WHEREAS, Clordie Branch is desirous of donating the su of t Twelve Thousand Dollars ($12,000.00) to the City of entonmfor the express purpose of aiding and contributing to the construe- `•'"Vk{ tion of a community recreational facility to be located at the inters action of Morse, Newton and Wilson Streets for the benefit of the citizens of Denton; and .n WHEREAS, the City Council is desirous of accepting such gift' s and acknowledges that said sum of money shall be #•y accordance with the express wishes of Mr. Branch' NOW used in ' , , THEnEFUR -'i a BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Council of the City of Denton hereb eccapjb the donation of Twelve Thousand Dollars ($12,00Clordie Branch and hereby agrees that said ~n000 by M hEihoney6hSN o fliT7eCt6TfStreets', said property being more particularly descrb as follows: All that certain lot, tract or parcel of land out of the i Jonathan Brock Survey, Abstract No. 55, Denton County, Texas; ( BEGINNING at the southeast corner of a tract of land conveyed to J• Homer Kerley, which beginning point is 161,5 varas east of i the southwest corner of the Jonathan Brock Survey; THENCE west with the south boundary line of the Jonathan Broc>`C' y Survey, 100 varas to the southeast corner of a 1-acre tracEV known as the Jerry Jackson Tract; , THENCE north with the east boundar + 89.8 varas to corner; Y line of the Jackson Trece,j THENCE west with the north boundary line of the Jackson Tract 61.5 varas to a corner in the west boundary line of the Jonathan Brock Survey; THENCE north with the west boundary Survey, 135.7 varas to a corner in the north boundarytline80fca j tract conveyed to Pemberton and wife to J. Homer Kerley; t THENCE east with the north boundary to the northeast corner of said tractl'ine of said tract 153 varas THENCE south with the by Pemberton to J. Ho ert KerIeary line said tract conveyed beginning. Y 229.5 va ersa to the place of I SECTI_ OOH it. ' The sum of Twelve Thousand Dollars ($12,000.00) shall be placed in Account No. 809-000-6776. r 1 J elite ,,,tnda No. 9 1 Agenda Item Date SECTION III, 4 r. The City Council hereby expresses its appreciation to Mr. i Branch and the City Secretary ie hereby directed to mail a copy r of this resolution to Mr. Branch and Councilmember Mark Chew. Sir { SECTIOIP IV. That this resolution shall become effective immediate its passage and approval. ly upon i1 rln. PASSED AND APPROVED this the - L D day of 1986. :3. { Itii^i, f I j. ref r~ r IT OF DEN ON, TEXAS ATTEST: L s'~ ~~Lullr. ALLEN, f CITY OF DENTON, TEXAS R I je APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i♦ I r5 9 • •T 1 tt BY: V I. yr Y, 4 .1 4 'r L PAGE 2 c a r~rr CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE 817.566-8309 Office of the City Secretary MEMORANDUM DATE: March 15, 1996 TO: Mayor and Memaers of the City council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies: Traffic Safety Commission - Council Member Brock has nominated Brad Sawko. Downtown Advisory Board - Anita Creach has resigned. This is a nomination for Council Member Cott. Cable T. V. Advisory Board - Dessie Johnson is no longer a member. This is a nomination for Council Member Young. If you require any further information, please let me know. Jennifer Walters City Secretary ACCOOOF4 "Drdicatrd to Qua7fty ,Sewia" MT~ r AgMdta Ib. Aga,dt+ losM Do. 3- 1 LA - CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E. McKINNFY • DENTON, TEXAS 7620 f (817) 566.6200 • DFW METRO 4342529 MEMORANDUM DATE: March 12, 1996 TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer Y SUBJECT: THE PROPOSED 1996-97 BUDGET CALENDAR Below please find the 1996-97 Budget Calendar for your review. Please advise if you have any questions. Thank you. 1996.97 BUDGET CALENDAR January 26 Friday Priority Questionnaire distributed to City Council. February 2 Friday City Council returns Budget Priority Questionnaire. February 13 Tuesday Review and discussion of Budget Priority Questionnaire results with City Council. March 5 Tuesday City Council briefing on budget process . Operating & Capital Improvement Program March 7 Thursday Budget Kick-off (Operating and Capital Improvement Program). March 27 Wednesday Planning and Zoning Commission and Public Utilities Board hold a joint public hearing to receive input regarding capital projects. May 7 Tuesday City Council budget discussion regarding Human Services and Transportation budgets. City Council budget discussion regarding Commuaity Development Block Grant Statement. City Council budget discussion of Hotel Occupancy tax distribution May 14 Tuesday Discussion and distribution of the supplemental budget priorities questionnaire with. City Council. "Dedicated to Quality Sen•ice" i t 1 Memo to Mayor and Council Members Agenda No. Febneary 28, 1996 Agenda Item Page 2 Date May 17 Friday City Council returns Supplemental Budget Priorities Questionnaire May 21 Tuesday City Council Community Development Block Grant Budget discussion and Human Services recommendation. May 22 Wednesday Presentation of Capital Improvement Program to Planning and Zoning Commission (General Government and Utility). May 28 Tuesday Review and discussion of Supplemental Budget Prioaty Questionnaire with City Council June 5 Wednesday Planning and Zoning Commission holds a public hearing to receive input on 1997-2001 Capital Improvement Program. June 12 Wednesday Planning and Zoning Commission considers a recommendation to City Council regarding the Capital Improvement Program. June 18 Tuesday Capital Improvement Program presented to City Council. June 28 Friday Major Budget Issues Report submitted to City Council July 9 Tuesday Discuss Major Budget Issues report with City Council. July 16 Tuesday Additional day if necessary to discuss Major Budget Issues Report. Hotel occupancy tax recipient budget presentation July 26 Friday Proposed Annual Program of Services distributed to City Council and placed on file with the City Secretary. August 6 Tuesday Submission of ad valorem effective and rollback tax rates to City Council. City Council Budget Study Approval of hotel occupancy tax recipient budget's August 8-I0 Thurs-Sat Budget Retreat with City Council - staff budget presentations to City Council August 13 Tuesday City Council budget study August 20 Tuesday City Council budget study August 27 Tuesday Public Hearing on Annual Program of Services (Budget) Final date to vote to consider a proposal for a lax increase prior I- publishing notice of hearing. City Council budget study. September 3 Tuesday City Council Budget Study, September 10 Tuesday Final City Council Budget Study. Public hearing on tax increase (if needed). Adoption date must be set betweea three to fourteen days from this date. September 17 Tuesday City Council adopts Annual Program of Services (Budget). City Council adopted Capital Improvement Program budget (first year of Capital Improvement Program). AFFOIOED 2