Loading...
HomeMy WebLinkAbout07-16-1996 _ , . .~.._.....n..~._.~.._,..~.,~.,-, i 4 terr ` 7 ftt.~ rouNsF: c I N ~ 0 50' 100' I i ' I I ~ I i !!i I a r ~ i 1 ~ I r ill ,may T J' ~y ,TF 1 i pp Floyd Graham i) 9-1-54 UNT Golf Courso Zoned; SF-7 Zoned, MF-2 / r N v to u, LO U) / / / lA ~A t 1 j ~1~~ . i,.,~ 0 IA W ~D W to lp 15 I o' S8905 '3 3. ' S89053'45"E 248,03' Drainage 76' 6 0 60 TZ 9 n` i Easement / (~O/~ [ o V-1-0-IM ~ f o IKI 6316 F. 0 63575 F. 93 S.F. o 7342 S.F. IOD 7 84 5.F. I 1c) ~ , 00a7 S,F. J 7 6 5 0 4, o S 0 21 w o sJ acI A n Ki 94 o F m~ ,r ZoL I L 2 BL ne : SF-7 (0 1-6 r I~ N 1.0 ~Y~ f lit fl i %nl priunta Aerama. pu IIr. IM11h ~1~~t1 ~  ` _...+I n wsw AIrM~1 1, tIr16 w~ ~/~.M rr Mw lwM. mw dedicat*d along Highland Park road to 30` ■ 0) o TREMONT CIRC E -8 Dralnag Eaeemenf ° _ ~ 9iMrMaik Ni 1 not be cogstraoted along the private street, ~ ~ tot-war x ediaat~ . A fros street aenterlirM. Peril N. Varimataur nawaaant and aidawalk Mill be ■ N 7" M {28' ride Paved Str ei) L 16 20 U D D - 1711 0 0 S. t. 4. Used on'TlWp+rpni 490194' 1 135 D (1110"t 4o 1991), this land is oonytruct,od along the 163' t: I k- O 7!32 S.F. U ~6Qfl_ 63 V _ is S M x (area iwo1Nt100,*"Ov floodpln'1'n'). 13. rho 11 wide "p*rkw*yO1 piw 77 r~ tress, xh"'W1,11 be left 10 their astutal state. 0 ~ 5, The 1 aipi~ portioir'of Lob .6'aoutaids'esteblishod prams and provider 19' of easement beyC z in \ 13, ptroat aonstrwAction pl*nd w a ° is pr A 20' wide MIX LhMR i11 striping on the pavement duri , drlvew u 6. The ivoto.str"t v111 not be gsbted'r 0 U) be rtarlis on t street' pMVeMent with two red strip . pt= LM Pp 00*PA US11 Vill be stwwlled at 30' intervals on tho stripes. i4. No rigs it prnrored for the r ~ C ° II 12 is 13 io 14 15 0 11 6 10 l ° 6529 S,f I~ 6 57 F. /f''\, co ~ 8076 S,F, 6388 S,F, 386 S.F. ~ 1700 8875 S.F. 11 ° II I I MBS (p 01 C) 6 0 62r m L-1292 6 S89057'18"W 365,51' 1 Ui N89°55'42"W 246.1 U) a . . UNT Golf Course Eugenia Moore Frank & Mary Mtrtin ~(jD_ mN M. F, Oelsohl( V 350/P 272 I V 1860/P 216 i 93-8005972 qt (10 00 V 801/P 1 I O1 o 0 Zoned; Sf Zoned; MF-2 Zoned; SF-7 Zoned: SF-7 00 0- z0 O . L~ A r b S89°5 '24"W- z 4,992 s,t. Dedication for Wleterla St. R-O-W a= { ~ UJ cl x ~ u ~ d i i - i i , y :a- tit T Y Ij ni A4, „ i C 1 R ~i 1`iCJR Y 4k kkf f' I I i I I i S Y j f I 011Y COUNCIL AOHNDA PACKET JULY 16, 1996 I f I i i a i ~ i E f I i I a t A01nda No,,.,,,,,94 0;3,,,Q_ Agenda Item AGENDA onto. 7- a-,( - ? CITY OF DENTON CITY COUNCIL July 16, 1996 Closed Meeting of the City of Denton City Counoil on Tuesday, ,7uly 16, 1996 at 5145 p.m# in the Civil Defense Room of City Hall., 215 E, Mokinney, Denton, Texas, at which the fallowing items will be oonsideredl VOTE1 THE CI'T'Y COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMTSSIBLE. 5145 p,m. 1. Closed Meetingi A. Legal Matters Under TEX. GOVT CODE too. $51.071 1. Consider and discusn defense of " ventures. Inc.. at al v, City of Denton and ~I~ib er and Barney v. Cityof Denton pending in tthe 362nd District Court under Section 551.071 of the Open Meetings Act. 2. Cohaaen, at 0.1 v. City. Consider further f settlement negotiations with Plaintiff's and final settlement authority in this case, c B. Real Estate Under TEX. GOVT CODE Sao. 551.072 1. Discuss obtaining 0,069 acres of land for drainage improvements or other real property interest in the J.W. Cheek, Abstract No. 324, C. Personnel/Board Appointments - Under TEX. GOVT CODE Sao. $61.074 Regu.Lhr Meeting of the City of Denton City Council on Tuesday, July 16, 1996 at 7100 p.m, in the Council Chambers of City Ha11, 215 E. MoKinney, Denton) Texas at which the following items will be consideredi 7100 p.m, 1, pledge of Allegiance A. U.S. Flag B, Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. Resolutions of Appreciation A. Consider approval of a resolution of appreoiation for Jerry Bellar, r Apondo No. 3?.'*~ -C) Agenda City of Denton City Council Agenda July 16, 1996 Page 2 3, Citizen Requests A, Consider a requeiit for an exemption to the noise ordinance from Xgloo+s, 112 Eagle Drive, for a Bikini Contest on Sunday, August 4, from 2100-6100 p.m., B. Consider a request for an exemption to the noise ordinance from Marathon Builders to pour concrete on four occasions during the month of July at V-Haul, 164 N, X-35 East, staring at 4130 a.m. 4, Citizen Reports A. Receive a citizen report from Carol Oanzer regarding the Worth Texas State Pair. i u 6, public Hearings I i A. Hold a public hearing and consider an ordinance and ! detail plan rezoning 4,104 acres from the Single Family 7 (SP-7) zoning district and the Multi-Family 2 (MN-2) zoning district to a Planned Development (PD) zoning district, The subjeot property is located on the west side of Highland Park Road, just north of Westridge, (The Planning & Zoning Commission recommends approval 4- B. Hold a public hearing and consider an ordinance to rezone 4.6872 acres from the Light industrial, (LX) zoning district to tho Multi-ftmily 1 (MP-1) zoning district. The subject property is located on the north side of Londonderry Lane, approximately 293 feet east of Sam Bass Boulevard, and is more commonly known as the Salem Ridge Apartments. (The Planning & Zoning Commission recommends approval 5-0.) C. Hold a public hearing and consider an ordinance to rezone a 1,031 acre tract from the Multi Family 1 (MV-1) zoning district to the office conditioned (0(c)) zoning district, The subject property is located on the southeast corner of McKinney Street and Woodrow Lane. (The Planning & Zoning Commission recommends approval 5- 0.) f Agenda No.9LQ Agenda Item, City of Denton City Council Agenda QAIe July 16, 1996 Page 3 D, Hold a public hearing and consider an ordinance to rezone a 2,0425 sore tract from the Agricultural (A) and Multi- Family Restricted (MF-R) zoning districts to the Multi- Family 1 (HP-1) zoning district. The subject property is located on the wart ride of Joyoe Lane, north of Gardenview and is also known as Phase Two, Lot One, in the Xingswood Apartments Addition, (The planning & zoning commission reoommends approval 5-0.) E, Hold a public hearing and consider an ordinance to rezone approximately .15 acres from the general Retail (OR) zoning district to the Multi Family Restricted (tom'-RCo)) zoning district with conditions, The subject property is located approximately forty-five (45) feet south of Prairie, on Maddox Street, (The Planning & zoning C&t-zission recommends approval 5-0,) F. Hold a public hearing and consider an ordinance adopting the 1994 Uniform Mechanical Code, as amended. (The Plumbing & Mechanical Code Board recommends approval 5- 0.) 6. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff I recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration, Listed below are bids and 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 At B, ,C), This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. A citizen may not speak or fill out a "request to speak" form on an item on the Consent Agenda unless the item is removed from the Consent Agenda, The speaker shall be allowed to speak and the item shall then be considered before approval of the Consent Agenda, A, Bids and Purchase Orders 1, Bid #1353 - Public Official Liability insurance 2, RFSP #1896 - Medical Director of EMS e Agenda Ho,C~~ =Q~as~.... Agenda Item City of Denton City Council Agenda oate_. '9-(0 July 16, 1996 Page 4 B. Tax Refund 14 Consider approval of a tax refund to NationsBank for Russell C. Sutton for $900.00. 7. Consent Agenda Ordinanoes A, Consider adoption of an ordinance accepting the proposal of National Vnion Fire Insurance Company for public official liability insurance coverage. (6,A.10 - Bid #1363) B. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with Dr. Randy L. Park, MID. for professional services relating to Medical Director of EMS, (6.A,2. - RNSP #1896) 8. Ordinances i A. Consider adoption of on ordinance authorizing the Mayor to execute an amended Municipal Maintenance Agreement for State highways, between the City of Denton, Texas and the State of Texas, acting through the Texas Department of Transportation for a portion of MoKinney Street. B, Consider adoption of an ordinanoe authorizing the Mayor to execute an Ynterlocal Cooperation Agreement for Road Improvements between the City of Denton and Denton County for improvements to MoKinney Street. 0. Consider adoption of an ordinance authorizing the City j Manager to execute a professional services agreement of Denton and the engineerin Shimek,lJ'athe oobs & yPinklea for the professional engines ing services incident to a hydraulic analysis and master plan report for the water distribution system, D, Consider adoption of an ordinance amending Section 6-6 of the Code of Ordinances of the City of Denton to expand the number of members on tho Animal Shelter Advisory Committae from five to seven memkere. 9. Consider adoption of an ordinanoe amending Ordinance No. 82-09 to expand the number of members on the Data prooessing Board from five to seven members, ~l Agenda No.~-(~ ~ Agenda Item _ City of Denton City Council Agenda DAN July 16, 1996 Page 6 F. Consider adoption of an ordinance amending Section 0-13- of the Code of Ordinances of the City of Denton to expand the number of members of the Cable TV Advisory Board from five to seven members and to reduce the terms of said members from three to two years, a. Consider and approve an ordinance amending Article TTI "Boards, Commissions and Committees" of Chapter 2 "Administration" of the Code of Ordinances of the City of Denton by adding Section 2«84 "Nominating and Appointing Members to Certain Boards" to provide that both nominations and appointments to the Public Utility Board and the Parks and Recreation Board will be by an affirmative vote of four members of the City Council. H. Consider adoption of an ordinanoe. declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a fee simple interest in 0.069 acres of land located in the J.W. Cheek Survey, Abstract No, 324 owned by Sherwood M. Spencer, et all authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the neoessary proceedings in condemnation in order to acquire the property necessary for the public purpose of acquiring such property for drainage improvements associated with Walmart. 9. Resolutions A. Consider approval of a resolution appointing the Denton Fire Chief as the City of Denton's Emergency Management Coordinator and delegating the Mayor's authority for execution of his Emergency Management Director's duties to the Denton Tire Chief. B. Consider approval of a resolution relating to taxable borrowings by the North Texas Higher Education Authority, znc. C. Consider approval of a resolution dissolving the Juvenile crime rnte.-agenoy coalition and transfer its responsibility to the Juvenile Diversionary Services of Denton, Ync, which will formulate and provide recommendations to the City Council relating to the need for additional coordination and resouroea to be contributed toward the rehabilitation of juvonile offenders, Awdaltem_"-" _ City of Denton City Council Agenda Date, duly 16, 1996 Page 6 10, Consider nominations/appointments to the City's Boards and commissions. 11. Vision update 12, Miscellaneous matters from the city manager, A. Receive a report concerning the latest honorees added to the W411 of Honor. 13, Official Action on Closed Meeting rtemsi j A, Legal Matters B, Real Estate t 0. personnel D. Board Appointments 14. New Busineso this item provides a section for Council Memk,ere to suggest items for future agendas, 15, Possible Continuation of Closed Meetingi i A, Legal Matters Under TEX, GOVT CODE Spec, 551.071 i B, Real Estate Under TEX. OOV'T CODE Sec, 551,072 0. Personnel/Board Appointments Under TEX. GOVT CODE ~ Soo. 551,074 C E R T X P r C A T S T certify that the above notice at meeting was t the board at the city Hall of the City of Denton osed on ti Texas, ton day of 1996 at o'clock (a.m.) CITY 8LCt2RTARY `I cc~~ city of Denton city Council Agenda Dale--L ouly 16, 1996 Page 7 i NOTEI THE CITY OF DENTON CITY COUNCIL CHAW9R8 IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICAM WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRE2'E1tS FOR THE HXARING IMPAIRED IF RRQVZSTXD AT LEAST 48 HOURS IN ADVANOE OF THE OCHRDULXD MEETING. PLEASE CALYX THE CITY SECIMARY'g OFFICE )%T 666-$309 OR USE TELBCOMM'UNICATIONS MICRO FOR THE DEA'Pr (TDD) BY CALLING 1-800•RELAY~TX SO THAT A SIGN LANGUAGE' INTERPRETER CAN DR SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE, j ACCO0320 i i l i i i , i t^> Atlanda No,. " ~effLet.-I Ills p{t{f4YClil 04 of Agenda Aem aDate 'Z G -!96 } JERRY BELLAR WHEREAS, on Juno 30, 1996, Jerry Seller retired, after serving with the City of Denton since July 16, 1971; and W00AS, durinit the putt 24 year, Jerry has t'Wwnted our City is in examk* of a quality gawk employee; and WHEREAS, the City of Denton has been fortunate In having c4oyed the dedicated and OW f. outoru ns service of Jerry Sonar and wishes to recoodw "ft. WHEREAS, Jeny has always served above and beyowd the efflalent dlodm* of her , t • , dude hr promoting the welfare and pror>erity of the City, and has eased the full respect of ba fakw employee, oolkaagt>es and rltlzens of Denton; NOW, THEREFORE, e THE C6V*CIL OF THE CITY OF DENTON HEREBY RIMOLVESt That the dnem sod warm appnkiatlon of Jerry Bella felt by the citiadna gad o1 if m of the City of Denton, be formally :o "Ved to her In a pertnoft m xtw by reout4 >g thte Resolutlan u* the offloW minutes of the City Council of the City of Dorton, Texas, and wuding to her it blue copy thereof m a tokm of our appreclatlon rr PASSED AND APPROVED this 1(, day of ~^~~Z~" --1996, JAC ILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i~ SY APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 2k /1~ BY: 1 ~i fr h r, 11 Agenda Item, ,BOS ±.3,A, Date CITY OFDSNTdN, TEXAS MUNICIPAL SUILDINO bENTON, TEXAS 76201 TELEPHONE 17.566.8300 Office of Me City Secretary CITY COUNCIL REPORT TOi Mayor and Members of the City Council FROMt Ted $enavides, City Manager DATE1 July 16, 1996 1 SUBJECTI Request ror Fxception to the Noise ordinance for a bikini contest at Igloos, 112 Eagle Drive, on Sunday, August 4, 1996, from 2100 p.m. - 5100 p,m, i BACKGROUND ~I Robin Selman, representing Igloo's Frozen Drinks, has requested i that the City Council grant an exception to the noise ordinance for the use of amplified sound for a bikini contest on Sunday, August j 40 1996. The contest is scheduled to take place in the Igloo's parking lot at 112 Fagle Drive from 2100 p,m, until 5100 p.m. (Attachment 1), You may recall that City Council granted a similar request at the June 4, 1996 meeting, Me, Selman indicates the event was postponed until August 4, 1996 to allow more time to advertise the event, As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10100 p.m, Monday through Saturday and anytime on Sunday (Attachment 2), The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. j In add!tion to obtaining an exception to the noise ordinance the City of Denton Code of ordinances requires a temporary use permit for this type of event to take place in a commercial zoned district, ordinance 96-047 grants authority to the building Official to permit such use so long as the applicant meets certain condit.ons (Attachment 3), Me, Selman has obtained the temporary use permit for this event, PROGRP&) , DE A, P RTMENTq , OR GROUPS APPEC'TE1D t Area Businesses and Residents, 'Dediewed 1o QtWhy Setvlce" Y r. 1 Agenda Item Dote FISCAL IMPA 'i None, Please advise if I can provide additional information, i RRSPECTFULLY SUBMITTEDi Ted Senavides City Manager Prepared Byt a Veronica S, Rolen Administrative Assistant II t Approved Byi 'lose Portuga Assistant tc the CSt Manager Attachmentai 1, Request from Robin Selman 2, Noise Ordinance 3, Ordinance 96-047 t 7 I• 4) 4od CU I c:n rrn N J~or 4T h'b SL~r?C~.Gr. , fit.(, • 9--~'~ --►-i rl- ee w )'T l 1 be, C 2. ~E; '-)"}l ( JOLA~ ~32c~- I (ecd 3 i )koofida No. Aoenda Iteni AcLi L:_~a,2 Chapter 20 Nt.1SANCE5• Art, 1. In Genervd, 44 20.1-2030 Art, It, Abandoned Property, 0120,31-20-70 , Div, t. Generally, 44 2031-20.40 Div. 2, Notor Vehicles, 44 2041-2070 Art. Ill, Gram and Weeda, 44 2071-20.73 ARTICLE I. IN GENERAL Soo, 20.1, Noloo, fat it shl.ll be unlawful toy any person to make or cause any unreasonably loud, dls• turbing, unnecessary notes which causes or may cause material distress, discomtort or Injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to make or cause any noise of such character. Intensity and continued duration as to substantially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities, to) The following ants, among others, are declared to be nolse nuisances In violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) The playing of any phonograph, television, radio or any musical instrument In such manner or with such volume, particularly between the hours of 10.00 p,m, and 1,00 a,m„ as to annoy or disturb the quiet, comfort or repose of persons of ordinary son. sibilities in any dwelling, hotel or other type or residence, (2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner or with ouch volume sa to annoy or disturb persons of ordinary sensibilities in the Immediate vicinity thereof, particularly, between the hours of 10,00 p.m, and 1:00 a,m„ or the operation of such loudspeaker, amplifier or muslusl Instrument at any time on Sunday', provided, however, that the city council may make exceptions upon application when thrre public interest will-be served thereby; (3) The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or u a yarning of danger; (4) The erection, excavation, demolition, eltaration or repair work on any building at any time other than between the hours of 7;00 am. and 8130 p.m„ Monday through +Croee rebrenoea~lhotected mlgratory bird roosts declared nuisance, 16.87; lnspect(on and abatement warvants, 4 1988 et seq,; Insect and rodent control In mobtle home and rec, reational vehicle parks, 4 32.91, 9upp, No. 1 1389 i E. t. dllanda No./ Apontla Item L 9 201 DENTON CORE Date-" Saturday; provided, however, that the city council may issue special permits for such work at other hours In cads of urgent neceselty and in the interest of pubho safety and convenience; (6) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehlole or the opening or destruction of bales, boxes, crates or con• tamers; (6) The use of any drum, loudspeaker or other Instrument or device for the purpose of attracting attention by the creation of nolaes to any performance, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or e4otent thereto. (Code 1966, 44 1420, 14.21) Cron retarenoe-Animal noise, 4 6.26. Sao, 20-2, Odors, (a) It shall be' unlawwful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or Injury to persons of ordinary sensibilltles in the Immedlate vicinity thereof, (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially lntorfem with the comfortable ,st enjoyment of private homes by persons of ordinary sensibilltles, (c) The following acts or conditlma, among others, are declared to be odor nuisances In violation of this Code, but such enumeration shall not be deemed to be exclusive; (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kopt or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other simllar places; (3) Offensive odors from the ues or possession of chemical or Aram industrial proassee or activities which disturb the comfort and repo" of persona of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; (6) Offensive odors from stagnant pools allowed to remain on any premises or from rotting prbags, retuac offal or dead animals on any premises. (Code IW# if 1422, 14.23) ' See, 204, Glarb&& trash and rubbish nulaaneaa-0,aAarelly, (a) 8lorfng or knpingrarbop, tmsh and rubbish. The storing or keeping of any and ell stacks, heaps or piles of old lumber, reAm, Junk, old care or machinery or parts thereof, garbage, trash, rubbish, " material, Hums, demolished or partly demoWhed structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street 9upp. No. 1 1390 w r • 'J teeq~uee6ord Agenda Mo..~~.~.~-: Agooda Ilam.k- Data ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 35-76 AND 35-77 OF THE CODE OF ORDINANCES OF THE CITY OF Dr=OH', TEXAS, AND CREATING DIVISION SIX OF ARTICLE III OF CHAPTER 35 TO ALLOW TEMPORARY USES ON A PERMIT BASIS) PROVIDING A SEVERAB;(LITY CLAUSE PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2x000,00 FOR VIOLATIONS THEREOF! AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS) q>rTTON I. That section 35-76 of the Code of Ordinances of the City of Denton, Texas is hereby amended to add the following to the existing list of definitional all provisions of section 35-76 not specifically changed herein shall remain intact: and in full force and effects Temporary use means a use granted a temporary use permit by the building official in accordance with division 6 of Article III of the Chapter, SECTION Ii,. That section 35-711 of the Code of Ordinances of the City of Denton, Texas is hereby amended to add the following to the existing table of permitted uses) all provisions of section 35-77 not specifically changed herein shall remain intact and in full force and effect Sea. 35-77. Use regulation distriotsl use of land and buildings. (text of general provisions unchanged) TABLE OF PERMITTED USES TYPE OF USt A 6F•t6 9F•IJ SF.10 SF•T 2P MF•R MF•l aSF•! P OAR U NS Olt C CB LI HI PD nm"RARV USES, WITH PERKT (SItp D PIN ON TEWORARY US- X X X X X X X X• ES, BXCLUDINO CONCRIM OR ASPHALT BATC111NO (SM tlBMTN177UN) TBMPOttARY US• X X X X X X X X X X X X X X X X X X X VS, CONCRM OR ASPHALT BATCH- INO (SBB OMNI- '110N) 'Only for nonresidential PD. Agenda No, Agenda Item 1'! 9'TION rl " That the Code of Ordinances, Denton, Texas, is hereby amended by adding division six to Article r1l of chapter 39 of the code, which said division reads as follows, DIVIsroN 6, 7'EMpoRARy U8E9 Sec, 35-131. Purpore. The purpose of this article is to authorize the building official to permit certain specified uses in certain specified zoning districts and use classifica- tions for limited periods of time, upon application for permit and satisfaction of predetermined criteria, The decision of the building official may be appealed to the board of adjustment, pursuant to 535.42 (a) of the code. Sac, 35-132. tlsaaral provieionr. (a) Applicant, The applicant for a temporary use permit, if a natural person, shall be at least eighteen (18) years of age, if the applicant applies for a permit on land belonging to another, the applicant must provide the building official with a notarized copy of the owner's written cone sent, The applicant must be domiciled in Texas or provide a registered agent for service of process within Texas, (b) Lo ation No temporary use shall be allowed in the visibility triangle, as defined in 518-196 of the code. (c) Required Jnf rmation, The applicant shall provide the building official with the following information, (1) Boundaries and dimensions of site, (2) Distance to nearest buildings. (3) Distance to adjacent streets and curbs. (4) Details of on-site traffic circulation and parking. (5) Locations and detailed specifications of necessary electrical sources, (6) Locations of available permanent or portable sanitary facilities. PAGE 2 Agonda No,l > Date`_ (7) Locations, types and sizes of temporary structures, (A) Estimates of daily attendance, (9) such other information as requested by the building official, reasonably related to the protection of public health, welfare and safety. (d) R6vocat{on of tambora use permit, The building official may revoke a temporary use permit if he or she determines thatt (1) The applicant has misrepresented any material fact on his or her application, or supporting materials. (2) The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. (3) The operation of the temporary use vio- lates any statute, law, ordinance or regula- tion, (4) The operation of the temporary use con- stitutes a nuisance or poses a real or poten- tial threat to the health, safety or welfare of the public. (e) The building official may prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, morals, and general welfare of the community, with particular attention to areas proximately located to the permitted temporary use, such conditions may include, spe- cific performance standards, noise mitigation urea- sures, lighting restrictions, restrictions on hours of operation, odor control measures off-street parking requirements, traffic restrictions, and other standards designed to minimize adverse im- pacts upon surrounding areas, (f) The applicant may appeal the building official's decision regarding, or revocation of, a temporary use permit to the board of adjustment within ten (10) days of the decision, by making written ication to the city secretary, Alter- nativelya,ppelither the applicant or the building official may apply directly to the board of adjust- ment for a special exception, pursuant to 935-52 of PAGE 3 y u Agenda No._ Agenda lteIIVi a.~:= Dale the code, and consistent with the standards estab- lished within this division. (g} Upon expiration or revocation of a temporary use permit, the applicant shall clean the alto of all debris, whether generated by the temporary use or not. j (h) The owner's or applicant's violation of any e oinedean afzonthis ing dviolationivision such remediesdare cumulative of, and in addition to, other remedies which may exist at law or equity, W Neither the grant of a temporary use permit, nor the permittee's compliance with its terms, shall constitute a defense to prosecution under any law or ordinance, other than as stated in this subsection, A temporary use permit serves only to conditionally permit the temporary use of property in a manner which might othera+ ee constitute a violation of 535-2 of this code, provided that the permittee strictly complies with all permit re- fact that quirements an use epermit may Dereescribee standards a temporary u which are more ctf or rostrio- tive than thoserimposedebyrotherelawslorsordinanc- es, it is the permittee's responsibility to fully comply with all such laws and regulations, whether addressed by the permit or not. The city does not will warrant ensure that compliance iwith a th any o her laws or permit sec. 36-133. Iventr of publio interest, i {a) Descriation, Events of public interest in- clude outdoor concerts, carnivals, circuses, and similar temporary events, intended to appeal to the public at large, rather than any specific, targeted group. Permitting decisions shall be made without regard to the content of protected speech, (b) `na o~ass~f{nations, Events of public interest are limited to the A, OAR$ GRt C, a well an Pi) CBj LI, and HI zoning districts z Owhing ich da are ri not to, residential in character or function, (c) ~'akirtium duration of germ t, A permit for an event of public interest may not exceed 21 days in PAGE 4 r• ii S AgWA duration and may not be renewed. Only one permit may be issued per event. (d) The building official may grant a temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regula- tions. Soo. 35.134. chriatmaa tree sales. (a) Dea c Christmas tree sales enco ass the sale o' healthy, non-hazardous, out ormp live evergreen trees, wreaths, and tree stands. (b) FEligible zoning classifications. Permits for temporary Christmas tree sales are limited to the At OAR, OR, C, CB, LT, and HT zoning districts, as well as PD zoning districts which are not residen- tial in character or function. (c) Maximum duration of "rmit. Permits for Christmas tree sales may be effective for any time period between Thanksgiving Day and December 31 of any calendar year. (d) Permit criteria. The building official may grant a temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regula- tions. Sec. 35.135. Tw*orary concrete or asphalt batohing plants. (a) General Recuirements (1) Applicants for a permit to operate a temporary concrete or asphalt batching plant must submit a letter from the Texas Natural Resources Conservation Commission (TNRCC) indicating that the proposed faoility is exempt from the permitting procedures under the standard exemption, as adopted and amended from time to time. (2) All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. PAGR 5 i Agenda Item (3) The facility shall be operated in a man- ner which eliminates unnecessary duet, noise and odor (including, without limitation, covering trucks, hoppers and chutes loading and unloading devices and mixing operational and maintaining driveways and parking areas free of dust), (4) They facility must produce concrete or asphalt for the specific subdivision or pro- jeat site upon which it is located, and may not produce concrete or asphalt for any other unrelated subdivision or project, (5) spilled cement and fly' ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emis- sions due to wind erosion and vehicle traffic, (6) All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a final layer of wet sand, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions, (7) Temporary concrete batahing plants (in- cluding associated stationary equipment and stockpiles) shall ba located at least 300 feet from any reareational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the bound- aries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project, (6) Temporary asphalt batahing plants shall be located at least one half mile from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located, (9) Applicant shall clear the site of all equipment, material and debris upon completion of the project, (b) Maximum Aitrnt~nn .,a Mlr t, A permit shall be valid for a period not to exceed 60 days, No more than three permits may be issued for the same site PAGE 6 L L F Apancla No,_~ Apelda Ilem.~)):~ Data...` _ or project within the twelve month per:.od following the original, date of issuance, (c) Hours of operatiQn, The facility may operate only between t e hours oft 6100 a.m. and 8130 Y^, Monday through Friday, from dune 1 to Sep- tember 301 7100 a.m, and 8130 p,m „ Monday through Friday from October i to May 311 8100 a,m, and 8130 p,m, on Saturdays! 1100 p.m, and 8130 p,m. on Sundays, (d) mligtble zoning alaasifications, Tempcrazy batch plants are eligible for permitting in all zoning districts, (e) Revocation of _oermit, in addition to the reasons enumerated n 538-132 (c), the Building Official may terminate or revoke a permit for any of the following reasons, (1) The facility fails to comply with any of the requirements as listed in this Section, ' (2) The facility violates any of the stan- dards as listed on the standard exemption list adopted by the Texas Natural Resources Conser- vation Commission and amended from time to time, SECTION IV,. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any ouch invalidity, aZ.C N V. 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, a>:CTION Vr, 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 Qday of 1996, PAGE 7 Agenda No / . ~.,7C) Apdnda Item •`U ,r Date OB C 'L B . Y, Y i ATTESTi JENNIFER WALTERS, CITY SECRETARY BYE i APPROVEn A3 TO LEGAL FORMi J HERBERT L. PRbUTY, CITY ATTORNEY 3 BY j~- ~y ff~ I I i 4 PAGE 8 ,r P p 1 AdenUa Nu,.~,,,1 ~ A4entla Item_ Dale _._..Lz4p CITYDF'D9NrQN,.rE AS MUNICIPAL DOLDINQ o DENrON, TEXAS 76201 7ELEPN0N6 6t7 666.6307 ONke of the Clty Manager CITY COUNCIL REPORT TOt Mayor and Members of the City Council FROMt Ted Benavides, City Manager DATLs July 16, 1996 SUBJ'ECTt Request For Exception to the Noise Ordinance for Marathon Builders to hour Concrete on Four Occasions During the Month of duly at U-Haul, 164 N. 1-35 East Starting at 4130 a,m, BACXtGIROC~I~D On September 12, 1995 the City Council amended Section U -1(o)(4) of the Code of Ordinances to provide for erection, demolition, alteration, or repair work on any building during the following t•imesl i June 1 through September 30 600 a.m. and 8130 p.m. Monday through Friday October 1 to May 31 700 a.m, through 8:30 p,m, Monday through Friday 8100 a.m, to 8130 p.m. Saturday 1100 p,m, to 8;30 p.m. Sunday The amendment also provides that Council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience (Attachment Harry Chapman, President of Marathon Bui)dera has requested that the City Council grant such an exception for the purpose of pouring concrete at U-Haul at 164 N• I-35 East outside the permitted hours. Mr, Chapman indicates they will need to begin pouring at 4130 a.m. on four (4) occasions during the month of July (Attachment 2), PROGRAMS, DjPARTMENxS, OR GROUPS AFFECTED1 None, 'Uedlemod to QnaUfy Service" rl f F .,oWa No. A00NU 110M WCAL IMPACT gate None. Please advise if I can provide additional information, RESPECTFULLY SUBMTTTEbt Ted Benavides City Manager i Prepared Byt 1 Veronica S, Rolen Administrative Assistant 11 i Approved Byt oseph Portugal Assistant to the City idanager Attachmentat 1, dinance 95-184 Ro(uast from Marathon Builders w. Bi\NPDO'U\OM\"Oi96."LO AOaflda t0, Aoandn Ilan) Data. ORDINANCE NO, A ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 20-1 "NOISM" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ESTABLISHING HOURS FOR THE ERECTION, EXCAVATION, DEMOLITION, ALTERATION, OR REPAIR WORK ON ANY BUILDING, PROVIDING FOR A PENALTY. OF $500,00 FOR ANY VIOLATION HEREOF! PROVIDING A SAVINGS CLAUSE! PROVIDING FOR PUBLICATION! AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAT.NSi SECTION T, That Subsection (c) (4) of Section 20.1 "Noise" of the Code of Ordinances of the City of Denton is hereby amended to read as followsi Sao. 20-1(0)(4). The erection, excavation, demolition, alteration, or repair work on any building at any time other than between the hours of 6100 a,m, and 8130 p,m, Monday through Friday from June 1 to September 301 between 7100 a,m, and 830 p.m, Monday through Friday from October 1 to May 311 between 8100 a, m, and 830 p,m, on Saturday; and between 1100 P.m, and 8130 p.m. on Sundays provided, however that the City council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and conve- nience, 0EC'PION,3.,, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500,00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offenme, of hereby a emaining sections, ~~sent©ncesand , ands paragraphs amended Section 120-1 "Noise" of the Code of Ordinance of the City of Denton shall remain in full force and affect, SECTION IV That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of. the date of its passage, PASSED AND APPROVED this the ' day of 1995. BOB CASTLEBERRY, is Apa ida No,~ a 0a10 _ ~L11 1 ATTOBT i JENNIFER WALTERS, CITY SECRETARY BYl APPROVED A TO LROAL FORMr HERBERT L, PROVTY, CITY ATTORNEY,- BY i i i Page 2 fJQOQ.7ui0, ( ~ ~ MARATHOiNqm'('P~em`~,-~" BUILDE ~SI~IC, aob Planning Project Management General Construction 7/03/96 i TOI THE CITY OF DENTON CITY MANAGEMENT DENTON, TEXAS REt U-HAUL, 164 N. 1-35 EAST, DENTON, TEXAS WE ARE REQUESTING A VARIANCE ON THE ABOVE REFERENCED PROJECT FOR THE ORDINANCE THAT DOES NOT ALLOW WORK BEFORE 6100 A.M. WE WOULD ONLY NC'SD THIS VARIANCE FOR FOUR (4) OCCASIONS DURING THE MONTH OF JULY, DUE TO THE HEAT AND QUANTITY OF CONCRETE THE POURS MUST BE STARTED EARLIER THAN 6t00 A.M. S U1E WJf1L!► MKe 70 SthA7 A'( y+364,t, i SINCEREL , HARRY H. CHAPMAN PRESIDENT ~ _._~1996 SUBSCRIBED AND SWORN TO BEFORE ME THIS. DAY OPa NO A Y PUB -L MY COMMISSION EXPIRESt 1278 Glenneyce #298 Laguna Bench, CA 92651 (714) 376-0226 r i~ i; Attonda No,.. J.~ _ OAQ- Agenda Item_kJ_'2 4 Data__2:1.ee_-~- DATE; July W. 1996 CITY COUNCIL REPORT FORMAT Td; Mayor and Members of the City Counoll FROM., Ted Benavidos, Clty Manager SUBJECT: Hold a public hearing and consider an ordinance and detail plan rezoning 4,104 acres from the Single Family 7 (SF-7) zoning dlstriot and the Multi- Family 2 (MF,2) zoning district to a planned Development (PD) zoning district. The subject property Is located on the west side of Highland Park Road, just north of Westridge yECOMMENDATION, The Planning and Zoning Cornmisslon recommends approval of the request, four In favor, one opposed (4.1), SUMMARY: See Planning and Zoning Commisslon Report. BACKGROUND See Planning and zoning Commisslon Report, PROGRAMS, DE2APTN1ENTS OR QI~OUP$ AFFECTED• Not applicable, FISCAL IMPACT; None. Respectfully submitted: I ed Benavldes City Manager H Agenda No, ' Agenda tern Prepared by: alter P Beeves, Jr Urban Planner Approved rank Bob Ins, AICP Dlreotor Planning and Development Attachment #1; Planning and zoning Commission Report, Attachment 42 Crdlnanoe,, Allaohmenl #3, Draft minutes of the June 26, 1996, P & z meeting. i i 4 4 r ATTACHMENT 2 AgoiWA No, PLANNING AND ZONING COMMISSION REPOR "1e To: City Council From: Planning and Zoning Commission Date: July 16, 1996 Subjeot: Z-96.017 GENERAL INFORMATION Applloant: Tremoni•Kelsoe/Pltner Joint Venture PO BOX 1117 Denton, Texas 76202 Owner: Same as above Action: Request change In zoning for 4.10 acres from the Single Family 7 (SF-7) and Multi-Family 2 (MF-2) zoning districts to a planned Development, Location: The subject property is located on the west side of Highland Park Road, approximately 700 feet north of Wlllowwood, Surrounding Zoning and Land Use: North: Residential use In SF-7 zoning, South: Residential use In SF-7 zoning East: Residential use In SF-7 zoning, West: Eagle Point Goff Course In MF-2 zoning, Denton Development Plan: Low Intensity Area #99 (126% allocated). SPECIAL INFORMATIOJ The subject property will also need to be platted, Improvements associated with the plat will include sidewalks and perimeter paving along Highland Park, a private street, a fire hydrant, and drainage (for which a varianoo Is being requested). BACKGROUND The subject property was placed in the Single Famlly 7 (SF-7) and Multl-Famlly 2 (MF- 2) zoning districts by Ordinance 69.01 which adopted a new zoning ordlnance and map for the City of Denton. NOTICE Twenty-five (25) notices were mailed on Juno 14, 1990, 'eplles have been received in opposition, one reply has been received In tp:v, she request. Asa result of (fie opposition, the 20% Rule Is in effect, requlrin,; a supermajori(y (6 votes) of the Council to approve the request (Attachment 1). i Page 1 . 'h ^ i Agenda No, Agenda Item_1 ANALYSIS This request is for a single family residential planned development, The reason behind this request Is twofold, One, the applicant Is proposing a private street which Is only allowed In a planned development, The applicant Is proposing a private street because the reduced width will save several trees on the slie, The second reason for the planned development Is that 6 of the proposed 16 building sites are lots less than 7,000 square feel, which Is our smallest resldentlat zoning dlstrlot, To do lots less than that standard requlres a planned development, The proposed PD has 16 lots, 15 of which are buliding sites and one being the private road and landscaped common area, Of the 16 building sites, six lots are less than 7,000 square feet with the smallest being 6,316 square feet. The remainder of the lots all exceed 7,000 square feet with the largest lot being 26,470 square feet. The table below will provide a summary of the Plan related analysis {his project, Denton Development Plan Policy Analysts Summary Low Intensity Area - Development Rating V8loo foy POLICY COMMNNTS~~~~_. eo~lnesnty somewaM ca,e~fent NCOnM11M1 eltOd,llf1411 To be conslstont wllh the Plan, a Alfooated fnlonslly a 246 Intensity trips (acrd) devoloprnonl should not oxcaod Its Aotual Intenslty - 160 twonnlty laps. allocated intonslty, X Strlot alto plan control within 1,4300 Them Is rosidentlal use wllhin two feel of foal of coWng low donsity the project, and a dolallod plan is under X eosldontlal. _ consldomllon. Tralllo daslgn to ensure that Will. Not opplionblo, Famlly or Non,Rosldantlol usos havo aocoss to collactors or IArger Artedals with no dlfool Amoss x through tesldootlal shoals, Sul6ofent groan apace, recreollonaf~ A common landsonpa Aron Is proposed, No faclll6os and dvorshy of parka Oro formal WlOatlanal spOCO is pfOpoAed, park provided. dedlcason pohoy Is sldolly votuntnry, x Input Into planning by nolghborhood Neighborhood mooting 16 he held on June 13, ossoclAllons and counola Is 1096, encouraged, x Nelghhorhood service cantor Not Appllcablo. k - oorlWhatlon Soparahon Not Applioable. ~ - X Any lam of conilnuous strip Not Applleablo. - - cemmerclal devofopmont is strongly discouraged in or none low Intensity X areas, Page 2 E ' - _ t t~ Agooda No, Aponda Item s- l C.sz Detail Plan Comments (Attachment 2), f Acreage, The acreage In the plan as shown by a survey, certified by a registered surveyor, Provided 2. Land uses, permitted uses, speciflo In detail as determined by the department, and the acreage for each use, Provided In Nola 1, P. Off-site Information, Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-alto Improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. Complles, 4. Traffic and Transportation, The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and Connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses, provided In Note 2, As a private street Is proposed, homeowners agreements wlll be required, wllh approval from P&Z. A sample HOA has been provided to the applloan I. 5. Buildings. The location, maximum height, and minimum setbacks 'ror all buildings, and If nonresidentlal, the maximum total floor area. Provided In Note 2, 8. Aealdentlal development, The number, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre density. Provided in Note 2, 7. Water and drainage. The location of all creeks, ponds, takes, ftoodplalns, or other water retentlon or major drainage facilities and Improvements, The applicant has submltled a request for a variance regarding drainage for the prellminary plat which Is on hold pending approval of the detail plan. An oil-slte permisslon letter will be required from the golf course before the final plal can be brought to the Commisslon, 8, Utllltles, The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. Provided on the plan. Page 3 t~ 'r Aoenda No. Agonda hom F-- 9. Trees and landscaping, The location of all proteoted trees and a landscape plan as required by the city's landsoape ordinance, Provided for In common area, not required for Individual lots, 10, Open spade, The approximate looation and size of greenbelt, open, common, or reoreatlon area, the proposed use of suoh areas, and whether they are to be used for publlo or private use. Provided In Note 611. Soresning, The [,oatlon, type and size of all fenoss, berms, or sorsening features proposed between different land uses or adjacent properties, None proposed, or required by City policy or Ordlnanoe between single famlly resldentlal properties, 112, Signs, Looation, type, and size of all signs regulated by the olty's sign ordinanoe. No sign Is proposed. 13. Sidewalks and We paths, Sidewalks or other Improved ways for pedestrian or bioyole use. None are proposed, RI:CQ.MMSNbAT10N The Planning and Zoning Commisslon recommends approval of this request four (4) In favor, and one (1) opposed, ALTERNATIVES 1, Approve without oondltlons, 2. Approve with condlilons, 3. Deny. 4, Postpone considoratlon, ATTACHMENTS 1. PO% Rule map. 2. Detall plan. Page 4 (r x ATr~w~ ;,I 1 LO Agenda No, )~.c^-~ Agenda I10141 ) U , L CPO r 9 a HVO- P AK j 5 W IUP009WI1 LEI A n I r i C~n C: b WEB RIM l__l fit, ` n .u ~l fro - iS - WRLOWWOOb -j 71C, WIl1OWCF(EST Total Acreage - 12 acres (Area requesting zoning change not included) Area Opposed - 6 acres or 50% C Lamm 'qtr Couase , lllltw S A2 li l•t__. NnW,.l,x41 S• SITE GGG~Q~{1~' ~1sw ly ,r Vl.-- n.ru, NYlYrnl ~llnn P,l-~- If hOI L•Ir,lFt t rl - vu Mu, Nn1r1 LOW 1'r - 1'LU11 L4rWrl •M rII111, /1rx r111 ~ 19I\'I ~ • ~ ' MY111 LrUllll YU 110111 • ' Cy Q. INNJN IrN II I111nr111pN11N4Y1lwlp ' ' i a Ip11111111N 411N,tllll tl•M,IM Prr11M YI1Mllltl ~ , 11 ~ ' J nnan 1 ~sl4ar/ I , , VICINITY MAP 'J' II IpW +141 1.. 111. J bs.N ` L ' • ' 7 «L'if'Ids - ~s - - DETAILED PLAN! Tremont Addition 1111 , 1 1 !t13i rw~ " 1 Ltt' to , 111 a, IYt Neing 16 Lots in One Block on 4.104 Acres r11r1IV11 II ,Y MYI IIY1 Y t\ YI InIW xl ✓w~~ dl Y14„N, in the A.N.B, Tompkins Survey, Absf. #1246 fwlw1 I 1.4 w„ I irxl."° $ $ uY tt•~. in the City and County of Denton, Texas M 11 ^ I poll •A ~ w_ ,hr , J ~ owner! Prapaled Oy; 1 i TREMONT•KELSOE/f ITNER J.V. SURKE ENGINEERING I I I . 1 I P.O. aoz 67 1316 nubun Olive 1 Genlon, Texas 76202 Denton, Yoaas 76201 r 1017) 3913178 10171 302.4946 21 May 96 As 4 on a is Jwe# 9ti O6 JYIY 96 t1 ATTACI MPNT 3 P&x Minutes i Juno 26, 1996 ° Mo"] Page 4 the current zoning map over to our GIS system wo found the zoning error. What we want to do Is just correct It so that the apartment complex Is zoned We sent out sixteen notices to accordingly. There will be no uew apartments, Property owners, We reeelved four a favor and three that were opposed, The three that were opposed were opposed to new apartments I notified two out of the three and once they realized that It was not a now complex they had no problem. The third Individual I left a message for and have heard no response from, Ms, Russell; Is there anyone to speak. In favor of the petition? Is there anyone to speak In opposition to the petition? We will close public hearing, Mr, Cochran; I move that we recommend approval of x-96.021, Mr, Jones, Second, Ms, Russell; Any discussion? All In favor please raise your right hand, Opposed same sign Approved, (5.0) Vii. Tremont Addition. The subject property consists of 4,10 acres and is Incated on the west side of Highland Park Road, approximately 700 feet north of W111owwood, a, Hold a public hearing and a request to rezone 4 10 acres from Single-Famlly-7 (SF-7) and Multl• Pamlly2 (MF-2) to Planned Development (PD) and consider a detail plan, (x.96.017), Ms. Russell opened the public hearing, Ms Russell; For the record I would like to acknowledge that we re:: :ved a letter from Ms. Pattie Graham Hayworth regarding my eligibility to serve on this. I have consulted with the attorneys In this matter, I would like to give Ms, Hayworth an opportunity to explain her feelings about this, Ms, Pnttla Graham Hayworth,, My name Is Pattie, Graham Hayworth and I live at 1506 Highland Park Road. I am next door to property in that Is up for rezoning. In light of the fact that Barbara Russell was the broker on the sale of both pieces of property that are under consideration here. Her agent had both the listing and the sales contracts on the property and I feel that she has a distinct financial profit relationship with this piece of property and that she should abstain from discussion and voting on this matter. Ms. Russell; I would like to disclose that several months ago when this property sold it was handled by one of the Realtors in my office, The property has since closed, I have had no Involvement with the property at all other than that agent who no longer lives In the state, I have no interest In this property other than what I have In every other piece of property In Denton, I have no financial gain in this property, 1 was paid several months ago Mr, Drake; in speaking with Ms. Russell I checked Into a couple of different areas of conflict of Interest. The typical ones that arlse from Planning and zoning mailers, Chapter 171 of the Texas Local Government Code which provides for a conflict of Interest wf,,, t a person has a financial Interest In a certain transaction, The level of compensation that Ms. Russell received on this was ;l P&Z Minutes &da June 26, I996 ' Page 5 insufficient to bring it within the confines of state law. The other area that we look into is one of conflict with the City Charter, 1402 of the City Charter, which says that basically no officer, employee of the City Df Denton shall be involved in any contract involving the city except in behalf of the Cita of Denton. Certainly this case would not involve any contract, therefore it is my cenciusion that there is no legal impediment to Ms. Russell continuing to sit on this case. If she chose to abstain because of an issue of an appr uance of impropriety. I suppose that would be her own choice. However, given her explanation that the property closed long ago and that she stands to gain or loose nothing as a result of any actions taken tonight with respect to this pronerty, I certainly am not going to urge that she do so. Mr. Reeves: The first item that we are considering is the detailed plan for the Tremont Addition. You will note that the document itself is a combined detailed plan and preliminary plat. As there is a variance request associated with the plat portion staff feels that you need to have two motions and two votes. We mailed out twenty-five notices to property owners on June 14th. We had received only one reply when this report was prepared and that was from the University and f tey were opposed. Since that time we have received three more responses, one in favor and one opposed, and the other is from Ms. Hayworth but the name on the tax rolls is Ms. Fred Graham. I eon't know whether we can count that one or not. Mr. Cochran: Does the land that the University owns constitute 20%? Mr. Reeves: 1 don't have a calculation on that yet. Mr. Cochran: Certainly with the addition of the Hayworth property it would be close. Mr. Reeves: If we can count it then yes it would put it at 20%. The plan related analysis is consistent with every policy related to low intensity area. The reason that we have a PD and not a simple Single Family-7 preliminary plat is because the applicant Is doing a private street which doesn't have the required width that a normal public dedicated street would have, and there are four lots In here that are less than seven thousand square feet. That is the reason for the PD. In several of the comments directly address opposition because of drainage issues. It could be an issue of the rezoning but it Is also an issue of the plat. Staff recommends approval of the detailed plan. Mr. Cochran: What would be the width of the street if it were developed as a public street? Mr. Reeves: The right-of-way is fifty feet and that is the same for a private street. The right-of-way remains the same, the difference is that the actual paved portion is twenty-eight for the private street and thirty-one for the public street. Mr. Cochran: What about the sidewalk requirement? Mr. Reeves: If it were a public street then ►ney would be doing sidewalks. As a private street they are not required to do sidewalks. There will be sidewalks along Highland Park as well as a right-of- way dedication and some perimeter street paving on Highland Park. Mr. Cochran: It Is my understanding that there is a policy with the city to encourage and to require _a . r •.1tno~ No. P&Z Minutes a Item June 26, 1996 U ^ adi _Pag e 6 tat sidewalks on streets, and is this always waived for private streets? ~I Mr. Reeves: It is not a requirement for private streets but inside the city limits of Denton you can only have a private street in a Planned Development, which means that you have to do a detailed plan and it has to be reviewed by the Planning and Zoning Commission and the City Council. Mr. Jones: It is currently zoned SF-7? Mr. Reeves: Yes except for a small area on the comer. Mr. Jones: So if someone wanted to come in and instead of a Planned Development they wanted to do this based on the SF-7 then the road would be widened and the drainage problem would really be worse if we left it alone? Is that correct since there would be more paving? Mr. Reeves: I can't tell you either way since it kind of depends on other factors. There could potentially be more impervious surface than there is with this proposal. Mr. Cochran: Except that you are goira t) have more houses with this plan. I can't see that it would be an issue. Ms. Russell: Do I understand that we will be dealing with the drainage in the platting process? Mr. Reeves: It would have to be addressed through the platting process also. It is up to you and if you feel that the drainage is an issue in this planned development then as you will note in the staff report on page 3 at the bottom, item 7, water and drainage, this might be something that can be included under that item. If :his were a Single Family-7 subdivision, it doesn't matter that this is a PD, the same drainage issue would be there. Mr. Powell: Two areas that I can't determ1ne what it will be used for, the area in the lower right and the ar?a that looks like a little thumb. Is that going to be a park or what? Mr. Reeves: The little thumb is actually going to be dedicated as right-of-way for Wisteria Street. The two lots on either s;dt, one of them has a septic system that Is failing and can't get to the sewer line, by dedicating that ,fight-of-way that make it possible for both of those lots to get to the sewer line as well as provide access onto Wisteria. The other area that you were speaking of Is just a common landscape area that will be maintained by the homeowner's association which Is one of the requirements for a PD. Ms. Russell: If you were to use the Single Family-7 zoning how many ho -ses could he build in that area? Mr. Reeves: The current layout, the first lot on the north side, where the existing house is at, I believe that is somewhere around twenty-five thousand square feet. It is very large in relation to the rest of the subdivision. As a Single Farnily-7 piece of property that could probably be divided in half and have access onto Highland Park. The number of lots is probably going !o remain about the same. F P&Z Minutes FIR) June 26, 1996 FF Page 7 Mr. Cochran: Is the sewer line going to go out to the golf course? Mr. Reeves: The current intentions of the applicant is to have it go to a sewer line out in the golf coura; That will be an issue that they will have to wcrk out also. Unlike the drainage there are other options available should that one not work. Ms. Russell: Would the petitioner care to speak? Mr. Brian Burke: My name is Brian Burke and I live at 1318 Auburn Drive. Mr. Strange asked me to come out and look at this property about ten months ago and was explaining what he had in mind. On the opposite side of Highland Park Road and a little farther north is a street called Highland Park Circle which is a public street that Mr. Strange developed and built about eleven years ago. What he had in mind was basically the same thing here but when he was showing me around he said that he wanted to save these trees. I suggested a Planned Development approach and the reason that I did was because the curves are tighter than what is permitted under standard city design criteria for public streets. I told him That if we go with a private road then we can request to go with a narrower street and no sidewalks. He wanted to keep this kind of private. There has been a lot of discussion about SF-7, if he had said that he wanted to go with existing zoning then the street would have come out straight and the twenty-six thousand square foot lot would have become three lots and the eighty-five hundred square foot landscape area would have become at least two lots. We, had a neighborhood meeting and 1 had the feeling when I left that everything was not reconciled. There was still a lot of concerns and o.ie of them was storm drainage, both some existing problems in this general area where there is inadequate runoff provision right now, and increase in that problem as a resu;t of this development. We have been !ooking at that. Both the SF-7 and the PD would have an impact and I think it would be about the same either way. Right now most of Highland Park Road is the UNT golf course and there is a little bit of improvement up by the Radisson area. I did some rough calculations to put a handle on how big of a drainage situation we are talking about. 1 also looked at a flume to drain from this cul-de-sac onto the University of North Texas property as opposed to a buried pipe. We also looked at flow magnitudes. There are some things that need to be resolved and I think I have enough information at this stage that I know that it can be handled. At final platting we will have to know exactly how it will be handled. We show an extension of our new sanitary sewer main out to an existing sanitary sewer main that serves a restroom on the golf course. Mr. McFarling with UNT was kind enough to help us out with that because the city records indicated that this existing main is a six inch diameter main and in fact it is only four inch. We can't use that main the way it Is right now. As Walt described, one possibility is to come out to the existing sanitary sewer on Wisteria Street. The problem is that all of these lots are going to be to low to service by gravity which means that we would have to install a lift station. This may be a situation where we will have to resort to that, again that is a detail that we will work out completely in the final platting stage. Water is easy, we are extending a water main and tapping into an existing main on Highland Park Road. We are going to do the perimeter street paving and sidewalk like Walt explained. Mr. Robbins: What you are indicating, as I understand it is that the sewer layout that is part of the detailed plan needs to be changed. Mr. Burke: Before final platting 1 would say that it has to be changed. > P&Z Minutes - e N June 26, 1996 + ~e ►t Page 8 Mr. Robbins: I am talking about the detailed plan that is part of the zoning and I think that you have indicated that the sewer layout on that zoning can't be done so we will have to do something with that. Mr. Burke: The four inch line is definitely not acceptable. I don't know whether UNT and the developer can work out an agreement that this entire four inch would be replaced, perhaps. Maybe it could be rerouted. That location is a possible solution. Mr. Robbins: I think you have indicated that this detailed plan should not be voted on as it is shown now because we know that the sewage is going to change. Have I missed something? In other words this becomes the detailed plan that would be approved by ordinance and that is the zoning. While the sewage detail does not have to be shown, because it is on it that is what you have got to do. So we are probably going to have to take that off. You might make a motion that all of the sewer detail be removed from the detailed plan if nothing else is a problem. Mr. Reeves: That would be a perfectly acceptable solution except that this is a combined detailed plan and preliminary plat and you are required to show that on the preliminary plat. That might mean that you go back and do two documents. Certainly that can be handled as a condition on whatever motion you make. Mr. Powell: That would mean that the plat would have to be done another night, wouldn't It? Mr. Reeves: I think you could do it tonight, you would just have to add two conditions to that one. One being that a separate preliminary plat document be submitted and the second that the plat approval would be conditioned on the detailed plan and an ordinance being approved by the City Council. Mr. Drake: How can the Commission approve a prelim-nary plat that is incorrect, or conditioned approval on some future event? Mr. Reeves: We have done it In the past. It is a preliminary plat and it doesn't get recorded, it Is not a recorded document and this document has all of the required information on it for a preliminary plat. Mr. Drake: But it is still a required element of a preliminary plat, that it show the sewage detail. Mr. Reeves. Right, it would become two separate documents. Mr. Powell: Have we not in the past approved a final plat that was different from preliminary plat? Mr. Drake: I can't speak to that. We probably have but the thing about it is that if this Is a requirement on a preliminary plat, If the plat is required to have this information on it, what you would be approving would not have that information on it. In fact you would be approving a document which didn't meet the criteria. Mr. Reeves: No. There would be two separate documents. Instead of having a combined document C F " fP&Z Minutes ti~nda No~ _ June 26, 1996 Rpilnda J~ Page 9 D 6 L there would be a separate detailed plan and a separate preliminary plat and the preliminary plat would show what it has to show which is where the sewer service is at. The detailed plan wouldn't have that on there. Adjoum for 10 minutes at 5:55 p.m. Reconvened at 6:10 p.m. Mr. Reeves: Frank talked to Ms. Hayworth and apparently the name that is on the Lm records is someone that has been dead for six years. Ms. Hayworth is actually the executor of the estate and she will provide us with some documentation for that. I suspect that we will be able to count her opposition so the 20% rule will be in effect when this goes forward to the City Council. The second thing is that we came to the conclusion that it would be possible to go forward with detailed plan tonight but that the preliminary plat isn't going to work. Mr. Burke will probably ask that the preliminary plat and the variance be postponed. Mr. Burke: I would like to request that the Commission continue with their consideration of the PD zoning change request this evening and I also request that the preliminary plat and the variance considerations be postponed. Ms. Russell: Is there anyone to speak in favor of the petition? Mr. Jim Strange: My name is Jim Strange and I am with Tremont Construction and I live at 1918 Maid Marian. The reason that I would like to speak in favor of the PD is that we have tried to come in and save the trees that are there. That is the reason that we have presented this plan In the form that we have. We also did the Highland Park Circle Addition. As you probably know we went to a great deal of trouble to leave the tree that is right there in the center of the street. We are very conscience of some of the concerns that have been addressed by some of the neighbors before the meeting. We are trying to maximize the use of the land without any detriment to the trees or the natural look that is there from the street. Most of the houses that will be built in this area will be below street level and you won't be able to see them back in there. That is part of the reason that we opted for the private drive. It will be a private type surrounding. Basically unless you know that it is there it will not be noticeable. We think that it is the best use of the property in its present state. Ms. Russell: Is there anyone else to speak in favor of the petition? Is there anyone to speak in opposition to th., petition? Ms. Pattie Graham Hayworth: My name is Pattie Graham Hayworth and I live at 1506 Highland Park Road. I live next door to the property in question. My family purchased this property in 1954 and built the house in which I reside. The Williams property next door at 1526 Highland Park Road was purchased In 1938 and the home was built in 1948. The home is one of Denton's t*easures, it Is most unusual home. It is unfortunately too young for consideration for historic status. It was featured in 1977 on a tour sponsored by the American Society of Interior Designers. Oise thing that makes the property so special Is that it has terraced landscaping which Ron Williams did himself. It was maintained beautifully while the Williams were there. There is a tremendous amount of underground water on that property. On my property the ground is so wet after a heavy rain, even r -I F Apendd No. ~ ' ~ P&Z Minutes- June 26, 1996 Page 10 ~U on the incline. It is very mushy. When they talked about runoff, I think that we also need to e into account that there is a tremendous amount of underground water that contri tak butes to the drainage problems. There are sever drainage problems along the backside of the property . Those of us who live in this neighborhood treasure the fact that it is a country setting. To build on lots that are smaller than what most of that area is, is going to change the personality of the neighborhood. We do not want to see smaller lots than SF-7 put there. We would like to see larger lots than SF-7 put there. With the drainage problems, the more homes, the more sidewalks, the is going to be a lot of concrete there. To reduce the number of homes there would also reduce the runoff which contributes to the drainage. Mr. Powell: It appears to me that if it was SF-7 there will be more homes built there. If they built it as a straight SF-7 you would have more houses than this. Are you taking that into consideration, that they wouldn't have to come to us for zoning to build SF-7 because it already is SF-7? Ms. Hayworth: Yes I realize that but they also have expressed a desire to retain the trees and the vegetation that is there as much as possible. Even if it is SF-7, couldn't the lots be larger than seven thousand square feet? Mr. Powell: Sure they could be but my point is that they wouldn't have to come before us. My understanding is that they would only have to apply for a building permit? Is that correct? Mr. Robbins: They would have to plat it. Ms. Hayworth: So when they plat it the consideration is on the drainage and all of the problems? Mr. Powell: That will be done when it is platted. The drainage will be handled but it could be handled with more houses. These folks have a arentl on it and give it a k pp Y gone to a lot of trouble to put fewer houses to me like somethi garth appearance. the neighbors would be nk that you looking forward to as happy pposed to what they could put there. Ms. Hayworth: We also consider what else could be put there and that would be fewer homes. Mr. Fred Pole: My name is Fred Pole, University of North Texas representative and with me is Ray McFarling, who is the director of our physical plant. In the interest of time let me read the comments of our opposition. The University of North Texas, the owner of the golf course adjoining the proposed development on the west side, is opposed to the requested planned development zoning district. Our sole objection is based on the increased storm runoff which will result from the proposed development. The adjacent area of the golf course is already subject to flooding during heavy rain events. This development will increase the frequency and severity of the already serious problem. Mr. McFarling: The existing golf course suffers from a real problem already with storm runoff. The natural drainage is coming down from the north, down across the corner of the property. You will notice that they set aside a drainage easement across the corner of their property, Although this would be a 3.7% Increase, that is still a significant increase in our view. The runoff from that 1 s F . ti P&Z Minutes Agenda No.C June 26, 1996 ~Ae f m Page 11 L t1r-3 0 CS f CU3 particular property would triple that runoff from a hundred year storm as opposed to what we have now. The problem is that we already have a problem. We have been talking to the developer and looking for alternatives, ways to alleviate that, and ways to mitigate the problems of the runoff. We are hopeful that something can be worked out on that, but at this point we have not reached any conclusion. Mr. Cochran: Where does the existing sewer line run to? Mr. McFarling: The existing sewer line runs in a southeasterly direction to Willowwood. It was believed that it was a six inch line, when we pulled the manhole covers and checked it we found that it is only a four inch tine. Mr. Powell: We are all aware that the only thing before us is the change in zoning. There is no platting before us tonight. So based on SF-7 zoning and based on this zoning, I don't see any difference in runoff onto your property. I don't see where it is going to affect it r.t all. Whether it stays SF-7 or changes to this, it is not going to affect the runoff, it is going to be the same. Mr. McFarling: That is correct. Any development in there, and that is what we are addressing, the planned development of this from what it is today will increase the runoff on us. Mr. Powell: I understand, any kind of development, either SF-7 or this zoning would be the same runoff to you. It wouldn't affect you at all. We are only changing zoning tonight. The runoff is identical, within reason. Mr. Pole. Irrespective of the zoning or the development, you are still exacerbating a problem and what we are attempting to do is to express our opposition. The reason for reading the statement is that our sole opposition is because of the drainage problem. We have been working with Mr. Strange and hopefully we will come up with a satisfactory resolution. Mr. Powell: My understanding is that the problem has to be solved with platting and not with zoning, regardless of what the zoning is. Mr. Jones: If you all work out the drainage problems then you would have no opposition to this? Mr. Pole: That is correct. Mr. Bill Giese: My name is Bill Giese and 1 live at 1602 Highland Park Road. 1 have three concerns and drainage has already been addressed. I am not sure whether 1 am opposed or just want to raise an Issue. My concern here is the visibility on Highland Park Road and the access street that is coming In. I think that the plan says they expect a hundred and fifty trips a week, that street at that point, visibility is very poor. The street has problems with people speeding. I would like you to be aware of the location of the street and particularly visibility. The additional thing is that Highland Park Road Is relatively narrow. It probably needs some Improvement, this is going to be inevitable. When they start building more houses there Highland Park Road is going to need some additional work. Mr. Powell: All of the opposition that I have heard tonight has been to the development of the C P&Z Minutes - '="Agenda No June 26, 1996 _.AO~da tehi~ Page 12 'L i property. The opposition app:irs to be to development but this is a zoning issue. We are not developing it tonight, we are on:y changing the zoning. It doesn't change whether it will be developed or not. Apparently all -)f the opposition that I have heard is that people don't want it developed. Well there is lots of laid in Denton that I don't want to see developed, I would like to see it stay green, but 1 don't own it. Mr. Giese: My opposition is not necessarily because of not wanting it developed. I think the owner should be able to do-relop, my concern is public safety and whether or not this is going to create a hazard. 1 just wanted to call this to the attention of Planning & Zoning that there is a potential here from visibility and the traffic pattern. Ms. Sue Beyerlein: My name is Sue Beyerlein and I live at 1600 Highland Park Road. With the traffic problem, repeatedly in the past couple of years duck signs have been put up by the duck pond to keep the animals from being hit. They are continually either knocked down or removed and the animals are killed. I think the traffic will increase that I share Mr. Giese concern about the traffic on the road. We bought the property one month before the Planning and Zoning Commission was involved in meetings with Gene Rife who owned the back part of the property. We have been involved for a couple of years now with this issue. I would like to thank Mr. Strange for his care in trying to preserve the trees and the nature of the neighborhood. It is a wonderful neighborhood and my husband and 1 want to see the character remain and would be very much opposed to an SF-7 development with more houses. I appreciate the care that has gone into that. Mr. Cochran: Did I hear you say that you thought there would be more houses with the SF-7 zoning? Ms. Beyerleln: From what 1 have heard here today, that a road would Mr. Cochran: That is purely speculation in my opinion. Ms. Russell: Is there anyone else to speak in oppositia:0 Would the petitioner care to make any final remarks? Mr. Virgil Strange: My name is Virgil Strange and I live at Rt. 2, Box 288M, in Aubrey. We are all sensitive to the concerns expressed here regarding drainage and traffic. When we started this project the first thing that we looked at was the existing zoning on the property which was SF-7. We looked at what would be the most ex;:edient way to take the property and to move forward with a development. I developed a similar piece of property about ten years ago called Highland Park Circle, which has been a nice neighborhood. One of the reasons we wanted to do this project is that we still get calls from people who want a similar type of home in a similar type of setting. When we started looking at what we would have to do with the straight SF-7 zoning to meet the city codes and specifications In regards to street width, street design it was apparent that we were going to destroy a lot of the integrity of this property. This Is a unique piece of property and we do want to retain as much of its present status as we can and its visibility from Highland Park Road. We are requesting the Planned Development classification so that we can, as much as possible, protect the landscape. It is my opinion that we would get more lots if we went with SF-7 zoning. That is not our Intent and we have made no threats that we would do that. We want to create a quality neighborhood, we want to have something that we can be proud of. I have developed several properties in Denton and I have F P&Z Minutes +anda ho.~ % 7 June 26, 1996 It@ - Page 13 cv built about a hundred and thirty-five houses here. 1 am at least proud of what we have done and the reputation that we have crI We want to maintain and continue that. Our plans are to continue to work with the University of North Texas, we approached them about six weeks ago. We will continue to follow through and find a satisfactory conclussion to the drainage. With regard to the traffic, typically we would expect the same type of clientele in these homes as we have in Highlan 1 Park Circle, which is typically empty nest type couples, college professors, single type people. We are not trying to create a neighborhood that is going to have high traffic and a lot of extra trips. In moving the driveway we have it almost at the highest point on Highland Park Road so that you have the best visibility that you are going to get coming out of this pie^e of property. We want to be sensitive to all of the neighborhood concerns. We had a meeting with the neighbors a couple of weeks ago to outline what we are attempting to do. We left an invitation that night for them to call us if they had concerns or questions. To date I have received no calls. Mr. Cochran: On the figure of 3.7% increase of runoff on the property, was the comparison to the land as it exists now or to the land if it was developed? Mr. Burke: There are a couple of things we need to consider, one is for the overall water shed, by the time the peak of all of that seventy acres reaches this point there is a 3.7% increase ,`oilowing development of the 4.1 acres over the existing conditions throughout the water shed. Mr. Cochran: Can you describe the concrete flume that you are proposing? Mr. Burke: The golf course is mowed grass in that area and then at the property line what 1 anticipate doing is to leave a p, ass buffer for a distance of about ten feet within the Tremont Addition and then s-I.ne sort of diffuser which is often a roughened rock surface and then into the concrete flume. The concrete flume has a very shallow V bottom and standard curbs along the edges. The water flows down the flu,ne reaches the dissipator to spread it, increase the water surface elevation, slow it down a little bit, then it reaches the grass to continue to slow down before it crosses the property line. Mr. Cochran: Theoretically this would impose no erosion rob1 property? p em an the University of North Texas Mr. Burke: That is the goal to slow it and spread it enough so that the velocity once it crosses over that property line Is an acceptable low velocity for the soil and grass. Mr. Cochran: Can you tell me what the maximum amount of water that would be running off of it at the worst point for a five year storm? Mr. Burke: It would be 7.6 cubic feet per second as opposed to a third of that right now. The depth would go from just under two inches to just over three Inches in that flume. Ms. Russell. We will close public hearing. Any final remarks? Mr. Reeves: 1 would just like to remind you that should your motion be to approve the detailed plan than you should attach a condition that the sewer detail be removed and that the flume be removed s C P&Z Minutes I'll, o~w June 26, 1996 Page 14 and changed to just a drainage easement. Mr. Drake: Basically what is being proposed is that if you c Council hoose to recomrrrndplannedapproval todevelopthemeCintry , your recommendation would be to approve recommendation of this conditioned upon the detailed plan being modified to remove engineering data such as the lo ation of the sewerage, also the concrete flume detail, and to c . block. remove the words "preliminary plat" from title Mr. Powell: At this stage of the game, we are not really talking about drainage are we, we are talking about zoning and drainage is not a part of that because we are removing it from the plan? Mr. Reeves: Sort of. Mr. Powell: From what I have heard tonight the drainage problem, whatever it may be, with this zoning or if it were to stay SF-7 would have to be solved at least by the final plat or the final plat could not be approved by anybody. Is that correct? Mr. Reeves: That is correct. Mr. Powell: So then it would seem logical to me that we are not affecting the drainage problem at all tonight, we are changing zoning onh% Mr. Reeves: It is a matter of perspective. As a detailed plan there is a requirement here, if you will look on page 27 at the bottom where it says water and drainage. It says that the location of all creeks, ponds, lakes, floodplain, or other water retention, or major drainage facilities and improvements. If you wanted to consider this to be a major drainage facility then that is something that is an issue with the detailed plan. You are correct in stating that whether this is SF-7 or a Planned Development that this drainage issue would have to be addressed through the plat process. If your perspective is different you could say that this really isn't an issue of the zoning because this is going to have to be addressed anyway. Mr. Powell. If the Zoning was changed to SF-20, if there was such a thing, it would still have to be platted and the drainage would still have to be settled at platting time, not at zoni ig time? Mr. Raves: That is correct. i Mr. Robbins: David can they increase the runoff by 3.7%7 Would that be in accordance with the regulations? Mr. Salmon: As long as they can demonstrate that they are going to provide capacity for that. Mr. Robbins: Where would that capacity be, from and to? Mr. Salmon: If there is an existing problem our regulations would not allow them to exacerbate that problem so what they are going to have to demonstrate is that any increase in runoff will be handled by either detention or some downstream improvement. r ..l w E ~=!Veql NO P&Z Minutes June 26, 1996 enda ttbm Page 15 Mr. Robbins: If its a downstream improvement that would mean it is on UNT's land. I~ Mr. Salmon: I would assume so in this case. Mr. Robbins: If a development has more than three acres and they are going to concentrate the runoff they would need to get an easement from the downstream property owner, in this case UNT? Mr. Salmon: Not necessarily an easement, simply offsite permission. It could be in the form of an easement but more commonly it is a letter. Mr. Powell: But even that would be handled at platting time, right? Mr. Salmon: Yee. Letters of offshe permission are not required to be in place until prior to approval of the final plat. Ms. Schertz: Do you see a reasonable solution to this? I see two parties that are trying to work this out and they need some direction, drainage is extremely tricky and not easy to solve. My experience in the past is that staff is needed. Mr. Salmon: 1 would comment that no matter how they develop the property there is going to be an Increase in runoff which will have to be addressed at the platting stage. The amount of runoff increase here is relatively small and I really don't think it will be all that difficult to solve. It is a matter of two parties agreeing on how that would be done. When we ask people to get offsite letter of permission, it Is not whether or not they can drain there because this property already drains in that direction. It is more of how the drainage will be handled. Mr. Powell: Mr. Strange, you are going to spend a lot of money on this one way or the other, are you sure that you want to change the zoning now before this runoff problem is handled? Mr. Strange: We would like to get the zoning issue resolved. We intent to go forward with this project one way or the another and we want to work with North Texas to do it. We have paid the price to get a zoning question answered and 1 would like to get that done. Ms. Russell: Any comments? Mr Powell: I have been here nine months and I haven't seen many plans come before us where the owner has taken the trouble and the effort and given up so much land to make 1t f t the neighborhood. Ms. Scherm I would tike to second that. I now the parties involved and I want to encourage them j to sit down and work this out. Mr. Jones: I've known Mr. Strange for almost fifteen years and in fact one of the developments that he was talking about I purchased the very first house that he built. I have known him to honor his word and do what he says he will do. I am confident that if he says he will work in good faith with all of the parties in that area to solve these problems to everyone's satisfaction, then 1 am confident that it will happen. t s i✓ Y rrtunL~i1/V9. U P&Z Minutes ~penda.lrern June 26, 1996 'dale;,. - Page 16 Mr. Cochran: There are a lot of things about this project that 1 like very much. 1 like the entranceway section that you put in there and the attention to respecting the neighborhood in a way that many people might not have done. There area couple of problems that 1 have with this as a PD, as opposed to a straight zoning. One is that ! am not convinced about that argument of the increased number of houses with the SF-7. Two other issues that concern me. One is the standards that we have for sidewalks in the community and residential street widths. Those are standards that are community wide and for a reason that 1 think has to do with public good. Mr. Powell: I move for approval of the detailed plan of the Tremont Addition with the conditions that were discussed by staff, the condition that the detailed plan be amended :o delete the Nord "preliminary plat", and to also del.ce engineering data including the call out of tl.e concrete flume and the detail showing the offske sewage. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign. Approved. (4-1) Mr. Cochran opposed. b. Consider a variance to Section 34-124 concerning drainage improvements. c. Consider the preliminary plat of the Tremont Addition Mr. Burke: I would like to ask that we postpone consideration of the drainage design criteria variance and the preliminary plat. Mr. Jones: So moved. I Mr. Powell: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) Mr. Reeves: Do we need to have a date certain to bring this back? Mr. Drake: I took the motion to postpone indefinitely. VII. Hold a public hearing and consider a request to rezone 4.5872 acres from the Light Industrial (LI) zoning district to the Multi-Family-1 (MF-1) zoning district. The subject property is located on the north side of Londonderry, approximately 300 feet east of Sam Bass Boulevard. The property is more commonly known as the Salem Ridge Apartments. (Z-96-018) Ms. Russell opened the public hearing. Mr. Reeves: This property is currently in the Light Industrial zoning district. It is a nonconforming use. Our ordinance no longer allows multi-family development in the Light Industrial district. We mailed out seven notices on June 14th. We had one come beck as being undeliverable. On page 37, f 2-96-017 Agenda No. ' 'Agenda Item Date_ f ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A DETAIL PLAN FOR THAT PLANNED DEVELOPMENT FOR 4.104 ACRES OF LAND LOCATED ON THE WEST SIDE OF HIGHLAND PARR ROAD, JUST NORTH OF WESTRIDGE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIO- LATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tremont -Xelsoe/Pitner Joint Venture initiated a change in zoning by applying for approval of a detail plan for 4.104 acres of land from the Single Family 7 (SF-7) zoning district classification and rise designation to a Planned Development (PD) zoning district classification and use designation; and WHEREAS, on June 26, 1996, the Planning and Zoning Commission recommended approval of the requested change in zoning and approval of the detail plan; and WHEREAS, the City Council finds that these changes in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON H3REBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 4.104 acres of land described in Exhibit 1, attached hereto and incorporated herein by reference, is changed from the Single Family 7 (SF-7) zoning district classification and use designation to a Planned Development (PP) zoning district classification and use designation by adopting the detail plan, attached hereto and incorporated herein as Exhibit 2 for all purposes, in accordance with Division 2 of Article IV of Chapter 35 of the Code of Ordinances. SECTIOr II That the provisions of this ordinance as they apply to the 4.104 acres described by Exhibit 1 govern and control over any conflicting provision of ordinance No. 69-01 or its amendments, and the City's official zoning map is hereby amended to show the change in zoning district classification. SECTION iIi. That the City Attorney and City Manager, or their designates, are hereby authorized to review and approve as to form and complian^e restrictive covenants and indemnification language contained within deeds and property association bylaws. 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. SAY: J,Jy i~ 1 1 No. Agenda item 0ate_ eff ect ive four- GLCTION V. That this ordinance land the city Secretary teen (14) days from the date of its passage, is twice tin the Denton Record- Chronicle ,p a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. 1996. PASSED AND APPROVED this the day of -JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CI'T'Y SECRETARY BY: APPROVED AS TO LEGAL FORM: . HERBERT L. PROUTY, CITY ATTORNEY - BY : i PAGE 2 a rt.a: F Agenda No.~ r~ } ApendlItem.L~~+ - ~ Otte 4.104 ACRES FIELD NOTES for all that certain tract of land situated in the A.N.H. Tompkins Survey Abstract Number 1246, City and County of Denton, Texas and being all of the called Four acre tract described in the deed from Lula 0. Johnson t*) I.R. Williams recorded in Volume 273, Page 555 of the Deed Records of Denton County, Texas, also being all of the 0.057 of an acre tract described in the deed form Robert N. Laremore et ux to Eugene P. Wright et ux recorded in Volume 1989, Page 988 of the Real Property Records of Denton County, Texas and all of the 0.061 of an acre tract described in the deed from Max F. Oelschlaeger, ii et ux to Eugene P. Wright et ux recorded in Volume 1989, Page 992; the subject tract being more particularly described as follows: BEGINNING for the Northeast corner of the tract being described herein at the Northeast corner of the said Four acre tract at a fence corner post on the West line of Highland Park Road; THENCE South 00 Degrees 27 Minutes 00 Seconds West with the West line of Highlund Park Road a distance of 261.99 feet to a bois d'art fence corner post at the Southeast corner of the Four acre tract and the Northeast corner of a called 0.283 acre tract described in the deed to Max F. Oelschlaeger II et ux recorded in Volume 772, Page it of the said Deed Recorda; THENCE North 89 Degrees 55 Minutes 42 Seconds West along a fence with the South line of the Four acre tract a distance of 246.14 feet to an iron stake found at the Northeast corner of the Oelschlaeger to Wright tract; J THENCE South 00 Degrees 30 Minutes 19 Seconds East with the East line of 1 the said Oel9chlaeger to Wright tract a distance of 100.02 feet to a 1/2 inch iron rod found at the Southeast corner thereof in the North line of Wisteria Street as shown on the plat of Willowwood Addition recorded in Volume 8, Page 18 of the Plat Records of Denton County, Texas; THENCE South 89 Degrees 55 Minutes 24 Seconds West with the North line of the said Wisteria Street and the South line of the said Oelschlaeger to Wright tract passing at 26.35 feet a 1/2 inch iron rod at the Southwest corner thereof and the Southeast corner of the Laremore to Wright tract and continuing, in all, a total distance of 52.33 feet to a 1/2 inch iron rod found at the Northeast corner of Lot 1, Block A of Willowwood Addition and the Southeast corner of the tract described in the deed from Robert N. Laremore et ux to Frank J. Martin et ux recorded under Clerk's File Number 93-ROO59720 of the said Real Property Records] THENCE North 00 Degrees 46 Minute: OS Seconds East with the East line of the said Martin tract a distance of 100.06 feet to a 1/2 inch iron rod set at the Northeast corner thereof in the South line of the 2.500 acr6 tract described in the deed from I.R. Williams to Eugene P. Wright et ux recorded in Volume 1990, Page 1; ~N61T~ r ray. ;L v f Agenda No,z Agenda Item late _ PAGE 2 TOMPKINS SY STRANGE THENCE South 89 Degrees 57 Minutes 18 Seconds West with the South line of the 2.500 acre tract a distance of 365.51 feet to a 5/8 inch iron rod found 0.4 feet cast of a fence corner post at the Southwest corner of the 2.500 acre tract and the Four acre tract] THENCE North 00 Degrees 31 Minutes 29 Seconds East with the Weat line of the 2,500 acre tract and the Four acre tract a distance of 263.36 feet to a steel fence corner post at the Northwest corner thereofi THENCE South 89 Degrees 52 Minutes 32 Seconds East with the North line of the 2.500 acre tract a distance of 413.37 feet to a 1/2 inch iron rod found at the Northeast corner thereof; THENCE South 89 Degrees 53 Minutes 48 Seconds East with the North line of the Four acre tract a distance of 248.03 feet to the PLACE OF BEGINNING and encldsing 4.104 acres of land. alh jdSS/96046 a Agands No, 24 - 030 Agenda Item 5! ZZ B Date 'I - /G _-9-4 DATE: July 16, 1996 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone 4.5872 acres from the Light Industrial (LI) zoning district to the Multi-Family 1 (MF-1) zoning district, The subject property is located on the north side of Londonderry Lane, approximately 293 feet east of Sam Bass Boulevard, and is more commonly known as the Salem Ridge Apartments. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request, five in favor, none opposed (5-0). I 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: Ted Benavides City Manager Pft as~ t' 7 Agenda No, Agenda Item Dale Prepared by: i 4alter E. Reeves, Jr. Urban Planner • Approved: rank Rob ins, AICP Director Planning and Development Attachment #1: . Planning and Attachment #2: Ordinance. Zornng Commission Report. Attachment #3: Draft minutes of the June 26, 1996, P R Z meeting. li +s( 5 ATTACHMENT 1 AJinud Trs1 94 A Entl Item ac_ PLANNING AND ZONIYG COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: July 16, 1996 Subject: Z-96-018 GENERAL INFORMATION Applicant: Mr. Lawrence Bane 501 Londonderry Lane Denton, Texas 76205 Owner: Same as above Action: Request change in zoning for 4.5872 acres from the Light Industrial (LI) zoning district to the Multi-Family i (MF-1) zoning district. Location: The subject property is located on the north side of Londonderry, approximately 300 feet east of Sam Bass Boulevard. Surrounding Zoning and Land Use: North: Vacant land in the LI zoning district. South: Vacant land in SUP 4. East: Vacant land in the LI zoning district. West: Multi-Family use in the Ll zoning district. Denton Development Plan: Moderate Intensity Area #80 (104% allocated). SPECIAL INFORMATION The subject property is not currently platted. BACKGROUND The subject property was placed in the Light Industrial (LI) zoning district by Ordinance 69-01 which adopted a new zoning ordinance and map for the City of Denton. NOTICE Seven (7) notices were mailed on June 14, 1996, one reply has been received in favor, and one reply has come back as undeliverable. ANALYSIS This request is a downzoning from the Light Industrial (LI) zoning district to the Multi- Family 1 (MF-1) zoning district. The subject property has an existing apartment Page f t r P ✓ti.iiR~d N0. ~ ih~dllJd lit: _ ~ complex, which is currently a nonconforming use, hence the rezoning. The table below will provide a summary of the Plan related analysis for this project. Denton Development Plan Policy Analysis Summary Moderate Intensity Area Dawwopmeni Rating vs Policy POLICY COMMENTS ~r aom" cow.c.x e+eanrlnt tnca,.Mw To be cenalstent wth the Plan, a Allocated intensity. 1,8061ntensiry Imps development should rat exceed its (acre) X allocated Intensity. Actual Intensity tensity 9i81ntenaiy trips, Moderate Centers are located at the Designated a Moderate Activity Center by the Intersection of two primary artertals Denton Development Plan, There Is no and at strategic locations abutting a rasidenflef use within 1,800 fast of the suNecl X freeway and are spaced property, approximately a mfte apart There centers are a m"mum of 60 acres, Diversity: Land use diversity shall Mult-famlly use Is a use other than the ones be defined as uses other than the listed under the policy. dominant land uses In the area such as commercial, retail, light industrial X and ofica, Dlvorely Bonus; An Intensity bonus Not applicable, for mixed use developments that include public or non-profit % community typo fadlities or uses. Commsrcial/retall limited to 1/3 of Not applicable, the lotal acreage of ca center. X Nigh Density Housing Transition between land uses No transition between tend uses. X Access to arterial streets. Access to cotlector (Londonderry). X Concentration of 750 units. 304 multi-family unite In Intensity area. X 1/2 mile separation. Apartments directly to west X Site design. No sits plan, existing complex X Low density residential areas should No low density residential within 1,600 faaL be protected by strict site design % control with setbacks, perking, buffering, and landscaping requirements. Strip Commerdal; The Intent of the Not Applicable. plan Is to encourage centers of activities and to discourage strip X oommo rdal. i Location of proposal In raiation to Public facilities avallable to property, axisbng or proposed public lacilibss. X Page 2 i` t. AaEnda No. A ends item ~ Date Topography site Is already developed as apartment complex. X Surrounding Land Use, Surrounding land uses are an apartment complex to the west, vacant Ug Industrial land to Me north, vacant Ught Industrial land b the seat, and Acme Brick to the south. X RECOMMENDATION The Planning and Zoning Commission recommends approval of this request five (s) in favor and none (0) opposed. ALTER NATIVES 1. Approve without conditions. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. ATTACHMENTS 1. Location map. 2. Site map. Page 3 F f Ape No. VA by I_35E y~ SIT . r, 2 I LONDONDERSY ' I 3 e i< fi OOn M • 1MYw. M M M MMM W / Y. •90.1 . M.Y M Y nl.. Ifbp 1. t M= MtIrY~Wd l.V~• <Y9~".01~..{M r. q~ 110.. 4~• •1.1 •1 F0. Iyy 4w•i~,i vl"•.•.~ W /~i.n 1u r/i.l~ 1.~(t .~•1~q ~0..•~ .A~11~~ / V•~YM ~ I Y/.\K • b~niM1 w9 Yo .u~rN .M1 \ w4 /1 ArrActim1' Z Agenda Item Date ` -C 1'1ay.l~ea 1°a a ,~a ~(I "Y,{ ve~~a ~/b. . 'll C„ w d•+/I nw 1 M. 00-1~ L MW . fi •"'~'J,SC.. Y~ I ~M .nm Isar w. Mm u T°'' y A I 9a io ~ I f 7 I < I ~in I I 1 Y I~ kq~ My uu II 1 I z • rti Rl M 4 M fr•n. I O I ~ !R r tC t 1 ~ Z S1 I 1 1 VV i 1 tiw.rr ( i 1 9 1V r 1 I 1 .1GGGi 1 I 1 ( I i ~ 1 t I \ ~ • 1 ~i47 1 ` 1 KILL A41*qACT 623-7 S.C. KRAUS rLwe[T 41C111\t' • • M."911 64~ i ~.~•r.r r ~ 1 A+ i c( 0 3 ~ r Yr 1 I ■ I I 1 1 1 r I , I e M Y~l W 1 I _ / r j.J I C'C•w•~ I ~'A'~y1'J• ~ .ix 1 LA.Af+0s7sMe-',.ppl.6./ II I~~I ~~~iii. L.u1~L V1~UL'RRI _C~ •-•fM•rN-- It yo , E is P&Z Minutes ATTACHMENT 3 ,fiCf~tii0. - AoCsitaate~i_ . June 26, 1996 Page 16 13ste Mr. Cochran: There are a lot of things about this project that I like very much. I like the entranceway section that you put in there and the attention to respecting the neighborhood in a way that many people might not have done. There are a couple of problems that I have with this as a PD, as opposed to a straight zoning. One is that I am not convinced about that argument of the increased number of houses with the SF-7. Two other issues that concern me. One is the standards that we have for sidewalks in the community and residential street widths. Those are standards that are community wide and for a reason that I think has to do with public good, Mr. Powell: I move for approval of the detailed plan of the Tremont Addition with the conditions that were discussed by staff, the condition that the detailed plan be amended to delete the word "preliminary plat", and to also delete engineering data including the call out of the concrete flume and the detail showing the offsite sewage. Mr. Jones: Second. Ms. kussell: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign, Approved. (4.1) Mr. Cochran opposed. b. Consider a variance to Section 34-124 concerning drainage improvements. c. Consider the preliminary plat of the Tremont Addition Mr. Burke: I would like to ask that we postpone consideratio,. of the drainage design criteria variz-)ce and the preliminary plat. Mr. Jones. So moved, Mr. Powell: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) Mr. Reeves: Do we need to have a date certain to bring this back? Mr. Drake: I took the motion to postpone Indefinitely. VII. Hold a public hearing and consider a request to rezone 4.5872 acres from the Light Industrial (LI) zoning district to the Multi-Family-1 (MF-1) zoning district. The subject property is located on the north side of Londonderry, approximately 300 feet east of Sam Bass Boul;,vard, The property is more commonly known as the Salem Ridge Apartments. (Z-96-018) Ms. Russell opened the public hearing, Mr. Reeves: This property is currently in the Light Industrial zoning district. It 1s a nonconforming use. Our ordinance no longer allows multi-family development in the Light Industrial district. We mailed out seven notices on June 14th. We had one comeback as being undeliverable. On page 37, 4 F P&Z Minutes Aoenda No. r~ June 26, 1996 Aoenda Iterq' - `j Page 17 Date ` 1. this is consistent with everything until you get down to the high density housing section and it is somewhat inconsistent with the fact that there is no transition between land uses except that the mdirectounding access latond Londonderry use is Londonderry another which is a apartment collector complexlevel and street, vacant but land. it is Access to impossible to arterial get streets, access to an t has arterial street, Finally the half mile separate, there are apartments directly to the west but there is nothing they can do about that since both complexes already exist. Staff recommends approval of the rezoning. Ms. Russell; Would the petitioner care to speak? Is there anyone that would like to speak in favor of the petition? Is there anyone that would like to speak in opposition? Seeing none we will close the public hearing. Mr. Cochran: I move to recommend approval of the request to rezone 4.5872 acres from the Light Industrial zoning district to the Multi-Family 1 (MF_1) zoning district. Mr. Jones: Second, Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign. Approved. (5-0) VIII. Director's Report. • Development Policy Committee Update. Mr. Robbins: In your backup there is an attachment that went to the Development Policy Committee that meets on Monday. It is a list of staff suggested policy amendments. I would be pleased to discuss what those mean with the Commission now or at a later date. As we move into the recommendation phase I would like to keep the Commission advised, and I can do that or one of your members can do that. One thing that the Committee could do is to make recommendations about amendments to the plan at any time. With that in mind the Committee may act on these kinds of suggestions from staff or others before they completely finish their review. They can also make recommendations concerning ordinances. Ms. Schertz: These are some of the suggestions that are being discussed and we can either find out more about them now or later, but what the real issue is, "we will get to vote on these?" Mr. Robbins; Right. One of the a fundamental principle that we havento fobll w. Since you are going to vote on this it,is helpfultto keep you informed and if you have concems about what they are doing because the stuff is going to come to You. That kind of communication could be effective so that we don't get off on the wrong foot. Ms Russell: Since it is fairly early if you want to go into it a little bit we have time. Mr. Robbins: The study area analysis, the Denton Development Plan has three kind of intensity areas, but the whole community is broken up into about a hundred and fifty different study areas. r A f 'v rh r. Z•96-O3A Agenda N - ' Agenda Item Dater ~~-i`P ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON TFXAS, PROVIDING FOR A CHANGE FROM THE LIGHT INDUSTRIAL (LI) ZONIN; DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY 1 (MF-1) ZONING DISTRICT CLAS- SIFICATION AND USE DESIGNATION FOR 4.5872 ACRES OF LAND LOCATED ON THE NORTH SIDE OF LONDONDERRY LANE, APPROXIMATELY 293 FEET EAST OF SAM BASS BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Lawrence Bane initiated a change in zoning for 4.5872 acres of land from the Light Industrial (LI) zoning district classification and use designation to the Multi-Family (MF-1) zoning district classification and use designation; and WHEREAS, on June 26, 1996, the Planning and Zouing 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 ORDAI$1S: jZL7iD2_j. That the zoning district classification and use designation of the 4.5872 acres of land described in Exhibit 1, attached hereto and incorporated by reference, is changed from the Light Industrial (LI) zoning district classification and use desig- nation to the Multi-Family 1 (MF-1) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. FS"ION II. That the City's official zoning map is amended to show the change in zoning district classification. SON IIi, That any person violating any provision of this o~~inance shall, upon conviction, be fined a sum not exceeding ;21000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV, That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be rfe. u. C 5 Agenda No. 47. Agenda Item We - ~l - / Published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Der:on, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1996. j JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY -l BY: I I PAGE 2 6 k 4 Agenda No. Agenda item Oate._ 1 _ EXHIBIT A Field Notes All that certain tract or parcel of land ling and being situated in the A. Hill survey, Abstract Number 623 and the S. C. Hirams Survey, Abstract 616, City of Denton, Denton County, Texas, and being the same (called) 4.586 acre tract as described in a deed from Tajico Nevada Inc., a Nevada Corporation to Tajico Travel, Inc., a Texas Corporation in April of 1986. Recorded in Volume 1881, Page 477, Real Property Records of Denton County, Texas, and being more Particularly described as follows: Beginning at an iron pin found at the southwest corner of said 4.586 acre tract and the north right of way of Londonderry Lane and also being the southeast corner of a tract described in a deed to the Falls Partnership, recorded in Volume 2768, page 86, Real Property Records, Denton County, Texas; Thence North 00 Degrees 40 Minutes 03 Seconds west along and near a fence with the west boundary line of said 4.586 acre tract and the east boundary tine of said Falls Partnership Tract a distance of 690.05 feet to a found iron pin; Thence North 88 Degrees 38 Minutes 00 Seconds east with the north boundary line of said 4.586 acre tract and the south boundary line of a tract S. Service Corporation, recorded in Volume 1209, Page 611, Deeded in a deed to W. County, Texas, a distance of 289.65 feet to a found iron pin; Records, Denton Thence South 00 Degrees 45 Minutes 51 Seconds east with the a st boundary line of said 4.586 acre tract and the west boundary line of Lot One, Block One of the Londonderry Addition, an addition to the City and County of Denton, Texas, recorded in Cabinet F, Page 334, Plat Records, Denton County, Texas, a distance of 687.0 feet to a iron pin found In the north right of way of Londonderry Lane; i Thence South 88 Degrees 02 Minutes 06 Seconds west with the north right of way of Londonderry Lane and the south boundary line of said 4.586 acre tract a distance of 290.86 feet to the point of beginning and containing in all 4.5872 acres of land. M! aY~ F 9Co ' ~_3 DATE: July 16, 1996 Atlonde No. Agenda Item AP AS - O X CITY COUNCIL REPORT FORMAT Date ? /G TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone 1.031 acres from the Multi Family 1 (MF-1) zoning district to the Office conditioned (0[c)) zoning district on property located on the southeast corner of McKinney and Woodrow and is also known as 1602 E. McKinney Street. RECOMMENDATlON• Tte Planning and Zoning Commission recommended approval of the rezoning request (5-0) at its meeting on June 26, -1996. S_ UM--MARY' 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, Prepared by: Ted 8enavides City Manager Donna Bateman Senior Planning Technician Approved by: AnkRobbIns, CP Director Planning and Development Attachment #i: Planning and Zoning Commission Report. Attachment #2: Draft Planning and Zoning Commission Minutes from June 26,'996. Attachment #3: Ordinance. }6 e ATTACHMENT j PLANNING AND ZONIIJG COMMISSION REP Aamda"'I" CASE #Z-96-019 Agenda Item June 26, 1996 Date GENERAL INFORMATION Applicant: Rueben and Dianne Cagle 905 Kilkenny Court Denton, TX 76201 Owner. Rueben and Dianne Cagle 905 Kilkenny Court Denton, TX 76201 Action Requested: Rezoning from the Multi Family 1 (MF-1) zoning district to the Office conditioned (O(c]) zoning district. Location and Size: The subject property consists of a 1.031 acre tract located on the southeast corner of McKinney Street and Woodrow Lane. Surrounding Land Use and Zoning: North: Convenience Store/Gas Station; GR South: Single Family/Office, MF-1 and 0(c; East: Apartments; MF-1 West: Gym/Vacant/Jail; GR and SUP Denton Development Plan (DDP): Low Intensity Area #53 (160%n allocated) ~ SPECIAL INFORMATION. The property is not platted. The applicant has been informed that any development or rehabilitation across a property line could result in a requirement to plat the property, Public improvements, such as sidewalk Improvements and right-of-way dedication, would be required at the time of platting. If street or oility extensions are needed, and no property line is crossed, platting will not be required. The subject property was zoned Agricultural (A) with the 1969 zoning map. In 1971 the Planning and Zoning Commission requested a zoning case be initiated on nine lots along Woodrow Lane, south of McKinney Street (see Attacnment 1). Ordinance #71.15, adopted by the City Council on May 25, 1971, amended the zoning of the lots to mufti-family 1 (MF-1). The applicants, Rueben and Dianne Cagle, purchased the property for the purpose of operating a bail bonds office with an attached residence for an employee. If approved, the zoning change would allow for such. Z-96-019 Page 2 Agenda No. Agenda Ilea, Date OT Ten (10) property owners were mailed notices of the request on June 13, 1M As of June 2e, 1996, four (4) reply forms had been returned in favor and none had been returned In opposition. enton eve opment an Policy Analysis Summary Low Intensity Area POLICY COMMENTS Development Rating vs. Policy Significantly somewhat consist" Inconsistent inconsistent o be consist" with the pian, a Allocated Intensity - 62 Intensity trips welopment should not exceed Its Allocated according to existing toning rted Intensity. - 266 X Actual Intensity - 361 intensity trips e epactfic request vloiates tit general In consideration of the iesst Odense d proportionate allocation and Una most logical land use, stall believes that Y area Is over allocated, use least this use Is appropriate given recent , moei logical' Cdarls. The study retuning In the area Nid ft county court X M 16D% allocated. complex development, eie design control within 1,600 fees e*&V low density residential. X raft design to ensure that Mult-Family The property has direct access to Non-gaidertGd uses Nye access to Woodrow Lane and McKinney street. If diectors Or larger artertals with no direct future devetopmant occurs, one of the tees through residential steels, two curb cuts on Woodrow and the curb X cut on McKinney will have to be closed. ufnciert green space. recreational serlties and diveniy d parks are The Landscape Ordinance standards rovfdad. apply. X NO planning by neighborhood staff Is not aware I a neighborhood ocJstlone and Council$ It encouraged. meeting has occurred. X btenely Area defined - The primary purpose or these arena is IQ ensure the overall lend use/lrans ap tern and Mons These eey re resell rim hOUSi gray. porttlion balance by controli' REECOMMENDATiON: The Planning bnd Zoning Commission recommends approval of this request with the following condition: Lighting of the property shall be designed and maintained so as not to shine on, or otherwise disturb, surrounding residential property. 1 Z-96-018 hyenda No.. Page 3 Agenda Item f' Date ` ALTERNATIVE$• 1. Approve the request as submitted, 2. Deny the request, 3. Approve the request Wth other conditions. 4. Postpone consideration. ATTACHMENTS 1. Case #Z•1107 Site Map. 2. Current Site Map. i I t+ \ ► I n. Ott 1 I ~ M . t g A @ I P.TTACHMENT 9 ' =T! '•••,,t r? 7. 4 ~ rw( •ti - 1•.~ }r h ~ 1 ~ rt ~ I ' C .i r .•x' Idly, 4 .ai ' -Il~f 1_ ! jai •^•'t'i 7 Z • I V a ll I1 I. i c+~ . • ~ * ~ 1 a r II r . ~u j II 0 ,T • III I 0 ❑ II LS 4 A t0.) Y Y F ATTACHMENT 2 Agenda No a Isem } Z-96-019 Ca le Baif Bonds 4\~ b/4 ~Q \ IL I Min Q s ~ 1 _ f qw I- ! ® I MCK NEY FM 426 - SIT Zk~ EWA J Aft COT f I . t 1 -I L S P&Z Minutes ATTACHMENT 2 agenda No.~ June 26, 1996 RR e It Page 3 LU tU IV. Hold a public hearing and consider a request to rezone 1,031 acres from the Multi-Family-1 (MF-1) zoning district to the office conditioned (Ojcj) zoning district. The subject property is on the southeast comer of McKinney and Woodrow. (Z-96-oi9) Ms. Russell opened the public hearing. Ms. Bateman: On the comer of Woodrow Lane and E. McKinney there is what looks to be a single family residence. There are actually two lots and all of this will be included in the zoning request. The property is not platted and the rezoning will not affect what is currently on the property. Anytime that the individual wants to get a building permit to redevelop the property, rehab the property, or enlarge the current structure then platting will kick in and there will be public improvements required. This has been etplained to the owners. Issues that will need to be addressed at that time will include parking, landscaping, and the building code. The property zoned Agricultural in 1969. In 1971 the Planning and Zoning Commission initiated change inalthe zoning to Multi-family. There was no staff report so I can't explain why that happened. The applicants have asked to rezone the property for the use of a Bail Bonds, as well as a residence for an employee. There were 10 notices sent out, 4 were returned in favor and we haven't received any in opposition. Doing a policy analysis for the area, for the most part it is consistent except for one area. The one area that it is not consistent is site design control within sixteen hundred feet of low density residential. Staff recommends approval with the condition that any lighting that is done on the property be directed onto that property and not to the neighboring residential property, Mr. Reuben Cagle: My name is Reuben Cagle and I live at 905 Kilkenny Ct. We did not hold a neighborhood meeting on this but we sent out letters to the people within the two hundred feet and asked for responses. We did not receive any. Ms. Russell: Is there anyone that would like to speak in favor of the petition? Is there anyone that would like to speak in opposition to the petition? We will close the public hearing. Are there any final remarks? Mr. Cochran: I move that we recommend approval of Z-96-019 with the condition as recommended by staff, Ms. Schertz: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) F ~~lvpdocf lard\Z-96-019. CFA '•Kenda No. L~ _ + Fiida Ile Fn j ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (0(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.031 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF MCKINNEY AND WOODROW STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Reuben and Diane Cagle initiated a change in zoning for 1.031 acres of land from the Multi-Family 1 (MF-1) zoning district classification and use designation to the Office condi- tioned (0(c)) zoning district classification and use designation; and WHEREAS, on June 26, 1996, the Planning and Zoning commission recommended approval of a change from the Multi-Family 1 (MF-1) zoning district and use classification to the Office Conditioned (0(c]) zoning district and use classification; 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: ^CTION I. That the zoning district classification and use designation of the 1.031 acres of land described in Exhibits A and B, attached hereto and incorporated by reference herein, is changed from the Multi-Family 1 (MF-1) zonin district tion to th g and use classifica- e office Conditioned (0(c)) zoning cation and use designation under the comprehensi ve zoning ordinance of the City of Denton, Texas, subject to the following condition: 1. That any lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb surrounding residential property. SECTION II. That the City's official zoning map is amended to show the ge in zoning district classification. JCTION iii. 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 IV. That this ordinance shall become effective four- teen (19) days from the date of its pasEage, 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 i'71'J. 1y T w S ~.Uanda No, agenda Item 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. ATTEST: JACK MILLER, MAYOR JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i PAGE 2 II . ~.;:~tda No. Agenda Item Date I EXIIIBIT 'A' MUD NOTES to td1 th I cc[IA'n tract of land City and County of Denton, Texas and being atpart t atiUiall certain :acludcsa,ibod t!n lltc decd fromlMra Nsoml Snider Morris 1011hcron Ocrold Snider Jr. recorded in Volume 967 Page 909 of the Deed Records of Denton County, Tcxas and being all of Ural ccrtaia trael descnbcd fu the deed from the city of Denton to 711aon Oersld Snider Jr. rccoSSJcd In Volume 2422 Page 184 of the Rcal Property Reoordb of Donlon County, Texas; the subj"I Iact ring more particularly &%crr'Gcd as follows: i BEGINNING f -V [tic Southeast Comer of the had bciug described herein at a 112' iron rod found for the Soulboast Corner of tlx: second Snider tract rrom which the Southeast Corner of Ute first Snider tract, aam0 being the North ass Corner of the City of Denton beet deacr8bcd In the decd recorded in Volume 333 Page 480, bears by called North W Dcgrt:os 32 Minuta 00 Seconds West it distance 22.37 feet; I 111F,NI E South 89 Degrees 35 Mtnutcs 05 Seconds West with the South line of sold second Snida tract a distance of 131.08 feet to a found 'Y' set in a concrete drive appraoch for the Southwest Comer of aid second Snlda tract in Ure monurocntcd East line or Woodrow Lane; 711ENCE North 03 Degrees 34 Mfnuics 01 Seeoods East with the Last fine thaoof, same being The EW line of that coriain Iraq desscribW fit ore decd to the City of Denton, recorded in l Aorm 2422 Page 180, a distance of 101.56 feet to a ehisled 'a' sal for m : ogle piont In aid lane; 711ENCfs North 00 Dcgras 00 Minutes 05 Se4a* fast continuing along the East line of aid We and said City of Dalton tract a distance of 160.61 fact lo a P.K. roil set for On Northwest Coma of the bacin described had in llre monumenlod South line or East McKinney Street; 7118NCE South 88 Degrees 14 Mineles 13 Seconds Emil along sold Sheet s distance of 117.37 feet to an ~ 3B' iron rod foune in Um Faal line of die first mentioned Snider tract and the sppatcrd Sail tine of aid Brock Survey; TIIENCB South 01 Degrees 32 Minutes W Seconds Fast w!th ilia East line it distance of 278.27 feel to the PIACri OF BEGINNING and encfcsing C.785 of ao acre of land, more or loss, r ..r c t r •.~titUa N0. ~ ~r~ Agenda Item c~ pate L~ EXHIBIT FiELO NOTES AFL that certain lot, tract, or parcel of land situated in the J; Brock Survey A-55 Denton County, Texas and also being part of e' tract shown by Deed to The City of Denton, Texas recorded in V lams 433, Page 480 of the Deed Records of Denton County, Texas aid being more particularly described as follows: IGINNING at a fence comer post at the southeast corner of sold C y of Denton tract, same being the• northeast corner of a tract Deeded t Robert F. Morrison 11 recorded in Volume 1633, Page 135 R.P.R.; THENCE N 88' 34' W W with c fence on the north line of sold Morrison trlpct 134.08 feet to a 3/8 inch iron pin set in the. host right of way line of Woodrow Lane; T i ENCE N 0' 39' 2e E with the east right of way line of Woodrow Lane 8.09 feel to o 'Y cut in concrete on the south line of o tract Deeded to T. G. Snider, Jr, recorded in Volume 2422, Page 188 R.P.R.; i TF ENCE S 89' 03' 23" E with SniCer's south line 131.16 feet to a 3/8 inch rr pin set In the west line of a tract Deeded to McKinney Property Group r I rded in Volume 1018, Page 832 D.R.; T ENCE S 01' 23' 44' E with said west line of McKinney Property Group and a fence part of the way to the POINT OF BEGINNING and containing O. 46 acres of fond. i i i i I t it DATE: July 16, 1996 boondo No. CITY COUNCIL REPORT FORMAT Agenda item S'''`S p Date TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone 2.0425 acres from the Agricultural (A) and Multi Family Restrict (MF-R) zoning district to the Multi Family i (MF-1) zoning district on property located on north of Gardenvlew, on the west side of Joyce Lane and also known as Phase Two, Lot one, of the Kingswood Apartments Addition. BECOMMENDATION• The Planning and Zoning Commission recommended approval of the rezoning request (5-0) at its meeting on June 26, 19%. SUMMARY, Planning and Zoning Commission Report. BACKGROUND. See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED Not applicable. FISCAL IMPACT, None, Respectfully submitted, Prepared by. Ted Benavides City Manager L Do na Bateman Senior Planning Technician Approved by: Laj Frank 4'1 s, C Director Planning and Development Attachment #i: Planning and Zoning Commission Report. Attachment #2: Draft Planning and Zoning Commission Minutes from June 26, 1996. Attachment #2: Ordinance. F r Agenda No. ATTACHMENT 1 Agenda Item Date PLANNING AND ZONING COMMISSION REPOR T C / CASE #Z-96-021 June 26, 1996 GENERAL INFORMATION Applicant: City of Denton 221 N. Elm Street Denton, TX 76201 Owner: Thirty Four 0 One Joyce Rt. 1, 2575 Egan Road Denton, TX 76207 Action Requested: Rezoning from the Agricultural (A) and Multi Family Restricted (MF-R) zoning district to the Multi Family 1 IMF-1) zoning district. Location and Size: The subject property consists of a 2.0425 acre tract located on the west side of Joyce Lane, north of Gardenview and is also known as Phase Two, Lot one, in the Kingswood Apartments Addition. Surrounding Land Use and Zoning: North: Multi use MR, MF, NS, SF, & 0); PD-120 f South: Multi Family, Duplex; MF-1 East: Multi Family; MF-1 West: Multi Family; PD-8 Denton Development Plan (DDP): Intensity area #13 (141% allocated) BACKGROUND: On October 13, 1970 the property was annexed and designated Planned Development (PD-8) by Ordinance 70-35. On December 22, 1970 a second ordinance, #70-53, was passed to allow for amendments to the Planned Development as we'll as adding 1,441.5 square feet of land to the district. It was recently discovered that the metes and bounds descriptions that accompanied the ordinances to zone the property multi-family did not include as much of the property as believed. The subject property was platted in 1982 and no public improvements are required to support this rezoning. The property is built. This is a zoning to correspond the map to actual use. i This is a Planning and Zoning Commission initiated zoning map "clean up." F Z-96-421 Page 2 Agenda Ho. C Apertda Ittrn NOTI Cate CE• Sixteen 06) property owners were notified of the request prior to the Planning and Zoning Commission meeting on June 16, 1996. As of June 28, 1996, two reply forms were returned in favor and two were returned in opposition. Staff contacted the individuals opposed and was told that they thought it was for more apartments. Denton Development Plan Policy Analysis Summary Low Intensity Area POLICY COMMENTS Development Rating vs. Policy Significantly scmewhat Consistent Inconsistent Inconsistent To be consistent with the flan, a Allocated Intensity by Intensity area = development should not exceed its 123 tensity trips. allocated Intensity. Actual intensity by use = 408 intensity x tripe, Input in planning by neighborhood association and councils is encouraged. X Traffic design to ensure that Multi-The Family or Non-Residential uses have DallasrDriveY has direct access to recess to collectors or larger arterials with no direct access through residential streets. x Provide a wide range of housing types The subject property, as well es in such quantities city-wide and sector. surrounding property, is zored to allow wide that correspond to Denton for multi family apartments. Bordering citizens' financial capabilities desires for the apartment is duplexes. This allows differing life-style, for a smoother transition into the single r family neighborhood, Diversified housing patterns should be welt planned to Insure that all The housing diversity that exists will neighborhood integrity is maintained, not effect the neighborhood Integrity. X Low Intensity Area defined - The primary purpose of these areas is to ensure the overall land usellransportation balance by controlling the overall density and intensity. Further, these areas represent primary housing areas in the City of Denton. Thus, these areas should emphasize residential use instead of a mixture of residential and nonresidential. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this request. ALTERNATI M 1, Deny the request. 2. Approve the request as submitted. 3. Approve the request with other conditions. 4. Postpone consideration, ATTACHMENTS: 1. Site Map. z ATTACHMENT 1 Agenda qo.c ~ Agenda I m j~ Oaie - o ~ IAm- ROBBI v I ~ I ~ SIT - I F*l A "I °o GAR ENVIEW I G RDENVIEVY~ r ♦ I I I MEAD0M I m z A IL ® TM ►~~I BENJim N BE JIMA 11 oil r S-1 . / ~ I [ F P&Z Minutes ATTACHMENT 2 ~~9Rdi Np~ June 26, 1996] ~r Page 4 a J . V- Hold a public hearing and consider a request to rezone 2.0425 acres known as Phase Two, Lot 1, of Ole K ngswood Apartments Addition from the Agriculture (A) and Multi-Family-Restricted (MF-R) zoning districts to the Multi-Family-1 (MF-1) district. The subject property is on the west side of Joyce Lane, north of Gardenview. (Z-96-021) Ms. Russell opened the public hearing. Ms. Bateman: This is a correction that was brought before you at the last meeting. There is an apartment complex currently there on Joyce Lane, north of Gardenview. When we were changing the current zoning map over to our GIS system we found the zoning error. What we want to do is just correct it so that the apartment complex is zoned accordingly. There will be no new apartments. We sent out sixteen notices to property owners. We received four in favor and three that were opposed. The three that were opposed were opposed to new apartments. I notified two out of the three and once they realized that it was not a new complex they had no problem. The third individual I left a message for and have heard no response from. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close public hearing. Mr. Cochran: I move that we recommend approval of Z-96-021. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign Approved. (5-0) VL Tremont Addition. The subject property consists of 4.10 acres and is located on the west side of Highland Park Road, approximately 700 feet north of Willowwood. a. Hold a public hearing and a request to rezone 4.10 acres from Single-Family-7 (SF-7) and Muld- Family-2 (MF-2) to Planned Development (PD) and consider a detail plan. (Z-96-017). Ms. Russell opened the public hearing. Ms. Russell: For the record I would like to acknowledge that we received a letter from Ms. Pattie Graham Hayworth regarding my eligibility to serve on this. I have consulted with the attorneys in this matter. I would like to give Ms. Hayworth an opportunity to explain her feelings about this. Ms. Pattie Graham Hayworth: My name is Pattie Graham Hayworth and I live at 1506 Highland Park Road. I am next door to property in that is up for rezoning, In light of the fact that Barbara Russell was the broker on the We of both pieces of property that are under consideration here. Her agent had both the listing and the sales contracts on the property and I feet that she has a distinct financial profit relationship with this piece of property and that she should abstain from discussion and voting on this matter. Ms. Russell: 1 would like to disclose that several months ago when this property sold it was handled by one of the realtors in my office. The property has since closed. I have had no involvement with 1 r • 2.96.071. ozd ';;enda No. Agenda Item r ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) AND MULTI-FAMILY RESTRICTED (MF-R) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.0425 ACRES OF LAND LOCATED ON THE WEST SIDE OF JOYCE LANE, NORTH OF GARDENVIEW; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2400.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, to resolve a zoning map inconsistency, the Planning and Zoning Commission, pursuant to §35-7(a) of the Code of Ordinances of the City of Denton, Texas, on its own motion, instituted a study and proposal for a zoning amendment in the public interest for 2.0425 acres of land from the Agricultural (A) and Multi-Family restricted (MF-R) zoning district classifications and use designations to the Multi-Family One (MF-1) zoning district classification and use designation; and WHEREAS, on June 26, 1996, the Planning and Zoning Commission reviewed the results of the study and recommended approval of the proposed change; 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 DENT-ON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of a rectangular piece of land comprising 2.0425 acres, legally described in Exhibit 1, attached hereto and incorporated herein by reference, is changed from the Agricultural (A) and Multi-Family restricted (MF-R) zoning district classifications and use designations to the Multi-Family One (MF-1) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City's official zoning map is hereby amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2400.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper yOnds No.~ A9401 Itam.~ Date 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. ;i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I PAGE 2 3 4 F .k EXHIBIT Agenda Item Date ~ WHEREAS, Joe 8elew is the owner of a 2.0425 acre tract -n the 8.8.4. R C.R.R. Co. Survey, Abstract 186, City and County of Denton, Texas, and heinn a hart of a 2.783 acre tract described in a deed from Denton Ciristian Church to Joe Belew on March 17, 1982, recorded in Volume 1132. 4oe 516, Deed Records of Denton County, Texas, and being more fully describes as follows: ! C041ENCIN4 at the Northwest corner of a 7.767 acre tra- described in a deed from North Texas Savings and Loan Association to Joe Rt'ew on necember 3, 1981, recorded in Volume 1114, Page 9nI, need Reoords C nenton County, said corner being the Northeast corner of said 2.783 acre tact as mentioned above; THENCE N. 890 07' 32" W. along the North boundary line of said 2.783 acre tract a distance of 30.0 feet to a steel pin and the vice of beoinninq; THENCE S. 2° 19' W. along the West right-of-way of Joym Lane a distance of 742.09 feet to a steel Din on the North right-of-way o` Gardenview Street and the beginning of a curve; THENCE With a curve to the left, having a central annlE of 1n" 11' 48", a radius of 193.127 feet, a chord of S. 470 13' 06" W. 3'.125 feet and an arc length of 34.370 feet to a steel pin; THENCE S. 82° 07' 12" W. along the North right-of-way a fardenview Street a distance of 61.34 feet to a steel nin at the heginnirn of a curve; THENCE with said curve to the right havint a central arnle of 10° 34' 28", a radius of 135.813 feet, a chord of S. 870 26' 56" W. 25.227 feet and an arc length of 25.263 feet to a steel pin: THENCE N. 8,7° 13' 20" 11. along the North right-of-way if Aardenview Street a distance of 0.12 feet to a steel nin; THENCE N. 2° 29' 67" E. a distance of 345.41 foot to i steel o1n; THENCE N. 2° 21' 19" E. a distance of 409.75 feet to i steel pin; THENCE S. 89° 07' 32" E. a distance of 118.48 feet t(.che place of beginninn, containing in all 2.0425 acre of land. I 2 x Y, DATE: July 16, 1996 Agenda No. 9~0 - Q~n Agenda Ilem_~- SE CITY COUNCIL REPORT FORMAT Date l-/(o TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone approxlmately.15 acres from the General Retail (GR) zoning district to the Multi Family Restricted (MF-R[c)) zoning district with conditions. The subject property is located approximately forty-five (45) feet south of Prair?n, on Maddox Street. RECOMMENDATION, The Planning and Zoning Commission recommended approval of the rezoning request (5-0) at its meeting on June 26, 19%, SUMMARY: See Planning and Zoning Commission Report, BACKGROUND; See Planning and Zoning Commission Report. PROGRAMS DEP4RTMENTS OR GROUPS AFFECTED Not applicable. FISCAL IMPACT: None. Respectfully submitted, Prepared by: Ted Benavides City Manager DSenior Planning Technician Approved by. Frank Rob in , AICP Director Planning and Development Attachment #1: Planning and Zoning Commission Report. Attachment #2: Draft Planning and Zoning Commission Minutes from June 26, 1996. Attachment #3: Ordinance. r r' ATTACHMENT 1 PLANNING AND ZONING COMMISSION REP"qenda "Wila S" No C ' Item f - CASE #Z-96-016 uare_' June 26, 1996 GI;NE__RAL INFOff`ON Applicant: City of Denton 221 N. Elm Street Denton, TX 76201 Owner Nell Lights 509 Maddox Denton, TX 76201 Action Requested: Rezoning from the General Retail (GR) zoning district to the Multi Family Restricted (MF-R[c]) zoning district with conditions. Location and Size: The subject property consists of approximately a AS acre tract located approximately forty-five (45) feet south of Prairie, on Maddox Street. Surrounding Land Use and Zoning: North: Concrete Batch Plart; LI and SUP South: Single Family homes; SF-7 East: Single Family homes; SF-7 and HI West: Single Family homes; GR Denton Development Plan (DDP): , Intensity area #51 (Urban Center) i S IAL INFORIO The property is platted (see attached plat) and no public improvements are needed to support this rezoning, B O ROUND; Ms. Lights owns two lots on the southeast corner of Prairie and Maddox (See Attachment 2), There is a business on Lot 1 and two existing houses on Lot 2, Lot 1 Is in the floodway which would prohibit any future structures on the lot though parking for the business would be allowed on the east side. Lot 2 is In the floodpialn which would require all new structures to be elevated eighteen (18') Inches above the flood elevation. Both of the lots are in the General Retail (GR) zoning district and have been since the adoption of the 1969 zoning map. On May 22, 1996, M.: Nell Lights, requested the Commission direct staff to proceed with a zoning change on her property to allow for a duplex on Lot 2. a A~ia;;z rtioC ~ "~J Z-96-016 Agenda lierma Page 2 Dole _`~~1f, fl, NOTICE: Twenty two (22) property owners were mailed notices of the request on June 13, 1996. A neighborhood meeting was held at City Hall West on Jine 24, 19%. There was no opposition. As of June 29, 1996, two reply forms have been returned In favor and one was returned in opposition. Staff attempted to contact the Individual opposed but was anable to reach the individual, --Denton Development an Policy Analysis Summary Urban Center Intensity Area Development Rating vs, Policy POLICY COMMENTS significantly somewhat Consistent Inconsistent Inconsistent o be comlotisnt with the Plan, a Not applicable in Urban Centers. "opment should not exceed its x Intonsky. ow dersky residentlai areas on the fringe The proposed rezoning aids In the major acOvky centers should be preservMion of the edsting single family x otected. netghborhood. Allowing for the mukidamily, ed;acerd to us* balance with surrounding the single family, would allow for a esldentlal smooth transition between the General x Relat zoning and the Single Family zoning. nPr+t Into planning by neighborhood A neighborhood meeting wa3 held on Isffore and councils Is encouraged. June 24, 1996 at C ty Hal West x rban Caster Defined • Urban centers are Intended to provide a wide range of urban services including commercial/retal, personal Droloos tonal eeriIces and lots urs activities to or sections of the city. RECOMMENDATION: Staff recommends approval of this request with the following conditions: • Maximum height of one story on all structures; and No more than three (3) dwelling units. ALTERNATIVES: 1. Deny the request. 2. Approve the request as submitted. 3. Approve the request with other conditions. 4. Postpone consideration. ATTACH M E NTS: 1. Moore's Addition plat. 2, Location Map. e w Agenda No. Agenda Item ATTACHMENT 1 Da;e rr ~ r. Sj S J rr ; ~ J rt,; sIS'/N~t/e r jr ,~e r T Ntl h orn , i3k l~ 4 MaJ~ax S)' 77... _ = y .s.wr r~a•n 3 I o y'e's A dc1 '•..eo~s~ Karoi• - : r -2X-W . A•238/ t } s ATTACHMENT 3 )Qenda No. "idie - - - - . --SYCA ORE UP 148 HI i TBFLA~l ■il 1 Z i~Y a Topography Easement - - - Zoning Railroad 1 r e a ATTACHMENT 29 Rit P&Z Min,ntes June 26, 1996 Page 2 III. Sold a public hearing and consider a request to rezone Lot 2 and part of Lot 1, Block 3 of the Moore 's Addition from the General Retail (GR) zoning district to the Multi-Family-Restricted conditioned (MF-R[c]) zoning district. The subject property is located on the southeast corner of Prairie and Maddox Streets. (Z-96-016) Ms. Russell read the rules of procedure for the public hearing and opened the public hearing. Ms. Bateman: This case was presented to you on May 22nd to consider initiating a zoning case. The applicant is requesting to rezone Lot 2 to the Multi-family Restricted (MF-R) zoning district to allow for a duplex as well as a house on the lot. This will be the three dwelling units for the lot. We mailed out 22 notices to property owners, we received three in favor and one in opposition. I did try to contact the individual who was in opposition and was not able to reach him. Considering the policy analysis, everything is consistent with the policy. Staff recommends approval, limiting it to three dwelling units and a one story maximum height. Ms. Russell: Would the petitioner care to speak? Ms. Nell Lights. My name is Nell Lights and I live at `09 Maddox behind 514 E. Prairie. I have lived there for rlne years. The property that I am trying to move the house to, on my tax statement states residence. I had no idea that this property, that I live on, was retail until I consulted the City of Denton. I knew that the front on 514 E. Prairie was commercial property. I am asking the Commission for consideration in this because I did not know about the zoning. Ms. Russell: Any questions? Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Any final remarks? Ms. Lights: 514 and 516 are adjoining properties. We want the front pert to stay commercial and the back part we want to be residential. Mr. Cochran: Staff has recommended two conditions on this zoning, one is that the maximum height be one story and that there be no more than three dwelling units. Is that what you plan? Ms. Lights: Yes. Mr. Powell: I move we recommend approval of Z-96-016 with the conditions as recommended by staff. Mr. Cochran: I'll second that. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) Mr. Robbins: Just a clarification, Ms. Lights used the word commercial and it is actual;y (011) or retail. It will remain General Retall on the front part of the property. S b F ::\wpdoc6\o7d\2-96-016,0n ' t.,unoa No, l Agenda item Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY RESTRICTED CONDITIONED (MF-R(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A PORTION OF LOT 1 AND ALL OF LOT 2, BLOCK 3 OF THE MOOREIS ADDITION, LOCATED ON MADDOX STREET, APPROXIMATELY FORTY-FIVE FEET SOUTH OF PRAIRIE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUyi'OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE D£TE. WHEREAS, Nell Lights initiated a change in zoning for land platted as a portion of lot 1 and all of lot 2, block 3 of the Moore's addition, from the General Retail (GR) zoning district classification and use designation to the Multi-Family Restricted Conditioned (MF-R(c)) zoning district classification and use designation; and WHEREAS, on June 26, 1996, the Planning and Zoning Commission recommended approval of the requested change; and WHEREAS, the City Council finds that the change in zon.Ing will be in compliance with the Denton Development Plan; NOW, ThEREFORE THIS COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of land platted as a portion of lot 1 and all of lot 2, block 3 of the Moore's Addition is changed from the General Retail (GR) zoning district classification and use designation to the Multi-Family Restricted Conditioned (MF-R(c)) zoning distract classification and use designation under the comprehens'sye zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That no building may exceed one story in height; and 2. That no more than three dwelling units shall be allowed in the district as a whole. SECTION Ii. Th-,t the City's official zoning map is amended to show the change in zoning district classification. SECTI III. 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 violate9 shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper rf! nsy~ F h } Aglndo Item f_ Date 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. i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 ",eaJa No. , EXHIBIT A Agenda Ilem Oate~Z~ LEGAL DESCRIPTION ALL that certain lot, tract or parcel of land lying and being situated in the City of Denton, Denton County Texas and being part of Lots 1 and 2, Block 3, Moore's Addition, an addition to the City of Denton as recorded in Volume 178, Page 524 of the Plat Records Denton County,' Texas, and being more particularly described as follows: TRACT I V BEING all of said Lot 2, said lot being 110 feet in length and 53 feet in width, (save and except the western 5 feet of said lot quit claimed to City of Denton); TRACT II BEING the south 7 feet of said Lot 1, said lot being 110 feet in length, (save and except the western 5 feet of said lot quit claimed to the City of Denton). r ,p Apanda No.,-, & -4040 Agenda item AS 46'.. F. Date 7-A • 9(0 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides SUBJECT: 1994 Uniform Mechanical Code, as amended. RECOMMENDATION: The Plumbing and Mechancial Code Board recommends adoption of this Code, as amended (5-0). SUMMARY: The Plumbing and Mechanical Code Board has reviewed this code, along with staff, and forwards this ordinance to the council for consideration. BACKGROUND: The 1985 Uniform Mechanical Code is presently in effect. This action is being taken as a means of updating and revising our code requirements. PROGRAM DEPARTMENTS OR GROUPS AFFECTED: Building Inspection Department and Plumbing and Mechanical Contractors. FISCAL IMPACT: None. Fee increases are not being proposed at this time. RESPECT LLY SUBMITTED: Ted Benavides City Manager P pared by: f1 (f,~ Robbie Baughman Assistant Building Official Ap rove Frank H. Robbins, AICP Director of Planning and Development . J. \Wrpons\0RO1r¢cwmv Agenda No. Agenda Item Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 28, SECTIONS 251 AND 252 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; ADOPTING THE 1994 UNIFORM MECHANICAL CODE WITH CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS THERETO; PROVIDING FOR A SEVERA13ILITY CLAUSE AND REPEALING CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIOX I, That Section 28-251 of the code of ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec. ?.8-251 Adopted, The Uniform Mechanical Code, 1994 Edition, together with Appendix C thereto, as published by the International Conference of Building officials, is hereby adopted and designated as the mechanical code of the city, the same as though that edition of such code were copied at length herein, subject to the deletions and amendments enumerated in Section 28-252. A copy of such code and appendix shall be maintained in the office of the City Secretary. c I N That _ the City of Denton, Texaset snhereby amended of the to read 0arifollowsof Sec. 28-252- Amendments The Uniform Mechanical Code, 1994 Edition, adopted in Section 28-251, is hereby amended in the following respects: (1) Section 0 one Section 103 is amended by deleting subsections 103.4, 103.5, and 103.7. (2) Section 110 1 Board of Appeals Section 110.1 is amended to read as follows: In order to detenaine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, the plumbing and mechanical board, as established and described in section 28-271 et seq. of the code is created. (3) Section _112.2 v- mot Worh Section 112.2 is amended by adding subsection 6. to read as follows: 6. Only a building permit shall be required for each new one and two-family dwelling not exceeding four thousand five hundred ninety-nine (4,599) square feet in floor area and for each new multifamily complex. P f rl C Agenda No. Agenda Item c yC Date (4) Section 114 1 2 Partial permits. Section 114.1.2 is deleted. (5) erection 115 3 Plan Review Fees. Section 115.3 is deleted. (6) Sect ~n ?15 6 1ildipg permit fee refund. Section 115.6.1 is deleted (7) Section 115.6,2,.-Plan review fee refund. Section 115.6.2 is deleted. (g) ion ~k7.2. Temnorarv Conneot_ions. Section 117. 2 is amended to read as follows: The building official may authorize temporary connection of the mechanical equipment to the source of energy or fuel for the purpose of testing equipment or for the temporary use for a period of time not to exceed sixty (60) days, provided such energy-fuel system meets the requirements of the plumb'_ng or electrical code, whichever is applicable, regarding safety. (9) Table N a Mechani^~i yPrmit Fees, Table No. 1-A, Mechanical Permit Fees, is amended to read as follows: Mechanical Permit Fees Pevai.t Issuance $15.00 1. For the issuance of each permit " " ' 4.50 2. For issuing each supplemental permit Unit Fee Schedule 1. For gravity-type installation burner, including c ducts forced-air and a vents g 9 Y'typYpe furnace or attached to such appliance, up to and including 100,000,9 00 Btu/h 2. For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents .11.00 attached to such appliance over 100,090 Btu/h.......... 3. For the installation or relocation of each floor furnace, including vent 4. For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater 9.00 5. For the installation, relocation or replacement of each appliance vent installed and not included in an' applia4n5ee permit t' - • Irl Agenda No. Agenda Item ~L 03 e 6. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code .9.00 7. For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 Btu/h..........9.00 8. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu/h are? including 500,000 Etu/h ..................................16.50 9. For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 Btu/h to and including 110000000 Btu/h ..........................................22.50 10. For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000,000 Btu/h to and including 1,750,000 Btu/h ................................33.50 11. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1, 750, 000 Btu/h ...................56.00 12. For each air-handling unit to and including 10,000 cubic feet p-r minute, including ducts attached thereto ..............6.50 .%.)tes This fee shall not apply to an air-handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this code. 13. For each air-handling unit over 10,000 cfm ...............11.00 14. For each evaporative cooler other than portable type 6.50 15. For each ventilation fan connected to a single duct....... 4.50 16. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit. 6.50 17. For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood, . . . .6. 50 18. For the installation or relocation of each domestic-type incinerator ..............................................11.00 19. For the installation or relocation of each commercial or a (r E f Agenda t11 Agenda Item - Date industrial-type incinerator......., ......................45.00 24. For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code.. ...............6.50 (10) _T~ble No 2-A O hAr Insnec,joas and Fees Table No. 1-A is amended to read as follows: Other nsPecUong and F Aa 1. Inspections outside of normal business hours, per trip.......... .......$40.00 2. Reinspection fees assessed under provisions of Section 116.6, per trip ................$20.00 3. Inspections for which no fee is specifically indicated, per trip....... ..............$20.00 4. Additional plan review required by changes, additions or revisions to approved plans..,$20.00 (11) Section 303 2 Tune of guA1 end FLe Conn ~rinno Section 303.1 is amended to read as follows: Each appliance shall be designed for use with the type of fuel to which it will be connected. Appliances shall not be converted from the fuel specified on the rating plate for use with a different fuel unless the converted appliance is properly relabeled and the conversion is made as recommended by the manufacturer of the original equipment or the conversion equipment. (12) s~i.on 304 6 iovif~e~ Petroleum Qa Aoo jancgq~ The last sentence of Section 304.6 is deleted. (13) Section 308 Lo -a tinn in Qa rahpe and Warehouse , Subsections 308 1, 308.2, aria 308.3 are amended to read as follows: Heating generates vapors wmay be located in garages provided that: 1) The pilots and burners or heating elements and switches of such equipment are located at least eighteen (18) inches above the floor level; and 2) Such heating or cooling equipment is located in an approved compartment having a tight fitting door assembly adequately sealed to retard the entrance of flammable vapors. All combustion air for such installations shall z ( F A1eo11 No~ Agenda Item Date be supplied from outside the building or from a properly ventilated attic space. (14) 27. v Section 327.6 is amended by adding the following exception: BAQ2R ion. Unvented fireplaces which comply with ANSI Z 21.11.2, are AGA approved, are equipped with an Oxygen Depletion Safety Shutoff System, and approved for installation and use may be used. (15) Section 508 1 Where Hoods Are R ~+~~r iSection s amended by adding a second paragraph to read as follows: 508.1 The above requirements shall not apply to domestic-type cooking equipment located in day care facilities, churches, employee lunchrooms or similar uses which are no more hazardous than kitchen facilities in an individual unit. (16) Section 60t + M + Section 601.1 is amended to read as follows: Material-: Supply air, return air and outside air for heating, cooling or evaporative cooling systems shall be conducted through duct systems constructed of metal as set forth in Tables 6-A, 6-B and 6-Cl metal ducts complying with U.M.C. Standard 6-2 with prior approval] or factorymade air ducts complying with U.M.C. Standard 6-1. Ducts, plenums and fittings may be constructed of asbestos cement, concrete, clay or ceramics when installed in the ground or in a concrete slab, provided the juints are tightly sealed. P.V.C., A.B,S., and Fiberglass ducts may be used if installed according to manufacturer specifications. (17) Section 60+ 4 F-ctorv-made Air Du *o amended to read as follows: Section 601,4 is Factorv-made - d}2 rQ Factory-made air ducts shall be approved for the use intended or shall conform to the requirements of U.M.C. Standard 6-1. Each portion of a facto air system shall be identified by the manufacturer withada label uor other suitable identification indicating compliance with U.M.C. Standard 6-1 and U.M.C. Standard 6-5 and its class designation. These ducts shall be listed and shall be installed in accordance with the terms of their listing, and the requirements of U.M.C. Standard 6-1 and Standard 6-5. (18) fiecti2 702.3. Louvers t+ 702.3 is amended by adding the go11o ing sentence~rmft~~ Section Ducts conveying air from an attic space shall extend at least two inches above insulation or other obstructions. The attic space shall be ventilated by fresh-air openings F +{,En~a NO.~ ~ ~ . Agenda Hemp=L` Date or louvers on a vertical wall or at two different levels or elevations. (19) Section 601.2. Limitations Section 801.2 is amended by deleting the second sentence. (20) Section 801.4. Appliance Designed for 'ftipe B Vents, Section 801.4 is amended to read as follows: Gas venting systems serving appliances equipped with draft hoods and appliances listed for use with Type B vents may be designed in accordance with tables in Appendix C. Chapter 8. (21) Section 810. Existing ygnting Systems. Section 810 is amended by removing the word "lawfully" from subsection 1. SECTION III,, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be 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. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: f3/ t.t f Y d~{ T Ag ;undLitem't Oate APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: J i i I i! E k 4 'r a~enaa ao. ~/G -D,.~O Agenda Item _A s5#&.4. Date- 17-16 - 9(g_ CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E MCKINNEY ~ DENTON, TEXAS 76201 (8171566.8200 DFW METRO 434.2528 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: July 5, 19% SUBJECT: APPROVAL OF A TAX REFUND TO NATIONSBANK RECOMMENDATION. The Tax Department has mailed an Overpayment Letter and an Application for a Refund to the taxpayer. All completed forms and necessary documentation have been returned, requesting this refund, which the Tax Clerk 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. NVR Mortgage Company has requested a refund in the amount of $900.00 to go to NationsBank because they overpaid the account of Russel C. Sutton, account 0178984. BACKGROUND: NVR Mortgage Company paid $1,000.60 toward a tax base of $100.60 on December 28, 1995. They are now requesting the overpayment be paid to the new lien holder which is NationsBank, A tax refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Russel C. Sutton FISCAL IMPACT: $900.00 "Dedicated to Quality Service" Ma'.QSa i i i , City Council Report Page 2 ~.penda No. _ AUenda liem I Please advise if I can provide additional information, Date.~ ` e~-' t RESPECTFULLY SUBMITTED: Prepared by: Tad Berm agers City M Manager 47va.-M. IlenTax Clerk Approved; i Jon ortune j Chi Finance Icer 0 Attachment: Application for a Tax Refund Copy of Cancelled Check Copy of Overpayment Report Later for NVR Mortgage Company a AAA043B7 s , r j s 1 Y' I. %MW ~"a y ieTax "rd 14/12) APPLICATION FOR TAX REFUND :.rrnda No. Apeoda item ~ V 1 Collecting Office Name CITY OF C; N1Q Oatt_,L( Collecting Tax For TMENT DENTON, TEXAS 76401 (axmp nib) Address City, State, Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: Russel C. Sutton Address: 2645 Charleston Court Denton TX 76205 Telephone Number (if additional information is needed): IDENTIFICATION OF PROPERTY: Description of Property: Southrid a Est Ph 1 Block 2 Lot 11 Address or Location of Property: 2645 Charleston Court Account Number of Property. 1789134 or Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for From Which Refund Which Refund Data of the Amount of ted is Requested Is Requested Tax Payment Amount of Tax Pe Taxes Paid Requested ted 1 ,City of Denton 19 95 -28 / 19 95 s 1a0, 6o 00 00 2. 19 19 - $ S' to - / 19 ~ S $ Taxpayer's reason for refund (attach supporting documentation): NVR_ Mortgage Co inadvertently paid { $1000,60 toward a tax of $100.60, resulting in an overpayment of $900,00, NVR is now requesting a refund of the overpayment to go to NationsBanc as the new lien holder. _ I hereby apply for the refund of the above-described taxes and certify that the Information I have given on this form Is true and correct." Signature fgags- Date of Application for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing unit(s) for refund applications over $500 Date Any person who makes a lobe entry upon the foregoing record shall be sub)ect to one of fM followlny Penal"", t, ImpnwnmMt of not more than 10 years nor lees Ihan 2 years and/or a One of not more than 16,000 or both such One and imprisonment; 2, eontlnement In 1a0 fora farm up to t year or a Me not to sassed 12,000 or "such Ono and lmprbonment seem forth in Section 31,10, Penal Code, PEtw+D 7+tr t _ ro~xl~ _ c.•i y ~i~enda No.C kwenda item i' Mortgage June 21, 1996 City of Denton Tax Collector 215 East McKinney Denton, TX 76201 Dear Collector: Enclosed please find a copy of our canceled check number 597419 In the amount of $1000.60, and the disbursement voucher for the same. NVR Mortgage made an overpayment of $900.00 on the following account: i Russell Sutton 2645 Charleston Ct Denton, TX ID #R178984 The 1995 bill was for $100.60, but NVR Mortgage paid $1000,60 in error. I am ' requesting a refund for the $900.00. I NVR Mortgage no longer services the loan, therefore I am requesting the refund be sent directly to the new servicer, NationsBanc. Please forward to: NationsBanc ATTN: Amy Skutt i 205 Park Club Lane Buffalo, NY 14231-9000 If you have any questions, please feel free to contact me at the number listed below, ext. 2559. Very truly yours, Henrietta Konnert Lead Processor cc: Amy Skutt Sherry Kall r F I , - '11' WI4 MbR#OACIE Agenda item 'v' - VOID rr NOT CA~MtC nYM7K M eAr~ 61 pi 7 `.~r.o. >tieAM•rlroburon, r•. 1e230 Date..,(, 1114 CHECK NO. MO. DAY YK. iri I !•I 418 9 4 7 597419 12 21 95 ~t ttPAYMENT OF TAXES AMOUNT moo', CITY OF DENTON PAYEE 421210820 f+~++++ssi 000.60 i TAX COLLECTOR 916 LAST MCKINNEY •`'ii~IZ DENTON TX 76201 NVR MORTGAGE Vice prealdont .J SANK ONE TEXAS NVA MORTGAGE FINANCE INC AvlMOAneso•KAnmm 1 111000614 1886478773 DISB CLEARING ACCOUNT r33 ~.~.1l.~~789~f u'41894711' 1:111000 6 141: u'i8864?a773u' va=ts oo, I ~•li a 1t, 1 iH»ois ar r tl 1 r . 7Tly co r \2 'r"rn O I hr f0 111M FIRST SIM11 %'-P >1 1914 m 14 sig -1 's I%" I ~~li~ .d t'r rj ' I I ~ is Y, d I ' agenda No. Agenda Vern I Z741 1-962 NVR MOaTCACE Date f 2/Z1 /94 MACHINE DISBURSEMENT CHECK VOUCHER FACE 55 ~AYEE NAME CITY OF DENTON ------a-_ i ADDRESS TAX COLLECTOR CHECK-NUMBER 1 597419 215 EAST MCKINNEY ! DENTON TX 76201 PAYEE CODE, 4EIR108E0 BATCH:TKB PACE 1 OF I ------------------aa~.---------aa..--------aa---a-- OAN-NO BNORT-NAME DESCRIPTION TRAM DATE AMOUNT INIT NAME CODE DUE PROPERTY ADDRESS - - - 14EOOE0 RC SUTTON R1T8984 313 1E-95 },000 40 I CHECK TOTAL I ITEMS 10000.60 I i I ! ! ! ! I j i i I I I I I i I I r I 1 ! I I i I I I 6 M t T, REPORT FICRO50W 07/03/96 AT 18:46 0 V E R P A Y M E N T S P ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF P 16677700000 95/03/28-0076 SALOINGER, BRIAN D JIM CHRISTAL R 10.42 OVERPAY 16677600000 95/03/28.0229 BALOINGER, BRIAN 0. JIM CHRISTAL R 1,14 OVERPAY 09431200000 95103/28-0358 FORD. LINDA P` MACK Pl. s 31.99 OVERPAY : 027 5L10 0.nA °1610-t/2A 0462 FOLSE. N LEE P 90000' 98400000 95/03/28-0b67 SUTTON :RL>C CHARLESTON C7 .:i.,.. 10325400000 95/03/28-0643 CARTER, LYNN A LAT71MORE ST 40.50 OVERPAY 134311OJ000 95/03/29-0903 KNIGHT Q MILLER P/S SHADY OAKS DR 22.03 OVERPAY 03346700000 95/04/02-1062 SPRABARY, DARYL W MAPLE ST 149.30 OVERPAY 02996900000.: 95/04/02-1079 FOX. HOMER S WOOD ST 25.S5 OVERPAY ' 173182000001.95/04/02-1.136 AFV:ENTERPRISE ,.[NO 2.;70 OVERPAY 03448500000 95/04/02-1137 AFV ENTERPRISE INO 2.70 CJERPAY J09430200006:95/04/02-i272 :BIGGS. ANTHONY C MACK PL 6.84 OVERPAY 02029400000 95/04/05-0253 SELLERS, WILLIE SCOTT OR 24:73 OVERPAY " 02603600000 95/04/03-0339 HIPPLE, JOHN L GEORGETOWN DR 492.85 OVERPAY 03517300000 95/04/05-0438 GALLEY, DWIGHT L N ELM ST 366.25 OVERPAY 03075700000 95/04/03-0723 WOOLVERTON, JAMES A FREEDOM LN 406.62 OVERPAY 51407200000 95/04/05-0063 KECK, TOBY TEASLEY-N 97 L 3:89 OVERPAY 11374800000-95/04/1t-0124 THE STEAM MACHINE OAKRIOGE'ST t.50 OVERPAY 02248400000 85104/29-0084 :VILLARREAL. BAKER 'J IMPERIAL-DR 2610 OVERPAY 91473400000 95/04/29-0203 ;IZOD 1-38 #307, 30.d6OVERPAY 03390800000 95/041290442 "SORRELLS, RANDY OEWAYNE' SCRIPTURE ST 6.47.OVERPAY 03173200000 95/04/30-0425 WIMMER, JEFFREY G 6 TAMARA SALADO ST 482.49 OVERPAY 02972500000 95/04/30-0450 SPRABARY, BETTY MULKEY LN 16.41 OVERPAY 90$49300000 95/05/0%-0102 FIRST INSTANT PRINTING INC N ELM ST 11.69 OVERPAY 02369000000 95/Ob/05-0330 'JORDAN. LOU A EGAN ST"r 433p29 OVERPAY.' 02486500000 95105/05-0331 GRIFFIN, ERNEST R NOTTINGHAM OR 9.00 OVERPAY ;03161400000 95/06/05.0337 FULLINGTON, JEFFREY D TYLER ST< 423.74 OVERPAY 08224600000 96106/05-0336 :TOLLESON. CHRISTIE R -0ALLAS OR 205,20 OVERPAY. 09431200000 95/05105-0339 FORD, LINDA P' MACK PL 3199 OVERPAY 03357200000 95/05/06-0024 WENDY. WILLIAM L HIGHLAND ST 3,82 OVERPAY 02949700000 95/05/14-0001 DUNBAR, ELIZABETH 2.39 OVERPAY 02879500000 95/05/22-0010 SMITH, ANNIE R E SHERMAN OR 0,01 OVERPAY 02100200000 95/05/26.0005 WILLIAMS DONALD R EMERY ST, 2.00 OVERPAY 90131100000:95/06726-0063 RAMA THAI CHINESE CUISINE AVE C 36.2$ OVERPAY 91348700000 96/05/27-0017 HOLY. VICKY 6 HYDE,-JEANINE N-LOCUST '457 0:07 OVERPAY ' 91593300000 95105/27,-0019 HOLT, VICKY 6 HYDE, JEANINE W HICKORY ST 002 OVERPAY 51435200006 95/05/28-0025 SHOCKLEE-CARTER, ROSETTA E MCKINNEY 050 0,48 OVERPAY 51429100000 95/05/29-0018 LASLIE, ROBERT E MCKINNEY N17 1.55 OVERPAY 91474300000 95/06/08-0012 A-1 LEASING d SALES DALLAS DR 0.10 OVERPAY 03288100000 95/06/15-0005 BANKS, DOROTHY ESTATE BAILEY ST 0.89 OVERPAY 61326400000 95/06/20-0034 DIAMOND. JUANITA S'MAYNILL N%25 14.43 OVERPAY 03005900000 95/06/25-0026 ^WIMMER, ROBIN P: COLLEGE'PARK'0 0.01 OVERPAY 90967200000,95106/25-0030 'OECIL'8 PAINT 3'BODY SHOP E.'HICKORY ST' 27:63 OVERPAY 03538800000:95/06/26=0005 SMITH, CATHERINE ALINE. WIILOWW00D ST 2;06 OVERPAY, 51199200600 95/06127-0008 MEEKS. JOHN WESLEY S MAYHILL N 23 0.67 OVERPAY 51512900000 95/06/29-0035 MOERBE, KEVIN W. E MCKINNEY N47 1,06 OVERPAY 02158700000 95/07/01-0029 NEBLETT, JAMES M W OAK ST 232.31 OVERPAY 02401900000 95/07/08-0007 ROCHA, LEOBARDO N CRAWFORD ST 76,16 OVERPAY 5W0400000 05/07108-0017 ' DIMARZIO..OOUGLAS TEASLEY'N296 L 0,53 OVERPAY 03440600000'95/07/23-0012 'BICKLEYN ALEX SPENCER RD 0:01 OVERPAY :03532000000:95/07/29.0022 'EAGLE-PiCHER'IND INC 1.35W 0:01 OVERPAY J . Wo r } wall epua6y tf_ 'ON 200Y 4 1 8:\NP00CS\0RD\PV21LI C.OFF Adonda No, 0 j Agenda Item Date ORDINANCE NO. AN ORDINANCE ACCEPTING THE PROPOSAL OF NATIONAL UNION FIRE INSURANCE COMPANY FOR PUBLIC OFFICIAL LIABILITY INSURANCE COVERAGE; AUTHORIZING THE EXPENDITURE OF FU.TDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 5LgjION I That the proposal of National Union Fire Insurance Company for public official liability insurance coverage for the City of Denton, a copy of which is attached hereto and incorporated by reference herein, is hereby accepted. ~FCTION 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. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL, FORM: HERBERT L. PROUTY, CITY AT RNEY F ,;penda NQ._ Apandl Item . to Cm Of DENTONo TEXAS MUNICIPAL BUILDING 215 E. MCKINNEY DENTON, TEXAS 76201 MEMORANDUM (817) 566.8200 • DFW METRO 434.2529 TO: Mayor and Members of the City Council FROM: Ted 8enavides, City Manager DATE: July 10, 1996 SUBJECT: PURCHASE OF PUBLIC OFFICIAL'S LIABILITY INSURANCE Recommendation: That the City Manager be authorized to extend, for another year, the insurance contract with National Union Fire Insurance Company for Public Official's Liability Insurance with an upgraded employment practices (e.g. discrimination, wrongful termination, harassment, etc.) endorsement and an endorsement to allow the City to choose its own attorney. The new policy will also include coverage for the Economic Development Committee at no additional cost. Discussion: The premium for our Public Officials Liability coverage from National Union Fire has remained constant at $32,240 over the past four years. The quote for 1996- 97 has increased by $8,742. Choice of counsel will add another $4,553. The underwriter for National Union has based the increase in premium on: (1) enhanced employment practices coverage, (2) claims submitted by the City over the past two years and (3) increase in the City budget over four years. Choice of counsel is a desired option since in employment related cases, the City's selected attorney probably would have been involved prior to litigation so using the same attorney would eliminate the cost of a second "learning curve". Quotes for our requested coverages are as follows: -Company eve a ed a re i National Union (w/choice of counsel) $1,000,000 $25,000 $45,535 National Union (w/o choice of counsel) $1,000,000 $25,000 $40,982 APEX Wo choice of counsel) $1,000,000 $25,000 $80,303 "Dedicated to Qua1hy Sendce" I f tie ItI Agenda No.~ Agenda Item Date Summery: National Union Fire has the highest A.M. Best rating in the insurance industry (A+ 15) and will be providing coverage to the City of Denton for the fifth consecutive year. There are distinct advantages to maintaining continuity of liability coverage to eliminate any dispute of coverage among companies from year-to-year. The premium will be paid from the Risk Retention Fund. Ted Benavides City Manager Prepared by: Max Blackburn Risk Manager Approved by: 1 arlan Jefferso Director of Fl Aerations MB:Ib AFF01227Z R 1 • 1 9i\NPDOCS\on\P"X.o Acand, No. 9G -030 Agenda item _.f;S Date_ 7-16 9(0 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR MEDICAL DIRECTOR SERVICES BETWEEN THE CITY OF DENTON AND RANDY L. PARK, M.D.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR] AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SF&'TION r That the City Manager is hereby authorized to execute an Agreement for Medical Director Services between the City of Denton and Randy L. Park, M.D., a copy of which is attached hereto and incorporated by reference herein. BECT-U. That the expenditure of funds as required in the attached agreement is hereby authorized. ,CTrON III That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST] JENNIFER WALTERS, CITY SECRETARY BYr APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY S t F DATE: JULY 16, 1996 CITYCt]ifNt^Ii.RF.PnRT ~ }1^_ TO: Mayor and Members of the City Council Agenda Item ~ - FROM: Ted Benavides, City Manager Date SUBJECT: RFSP 111896 - MEDICAL DIRECTOR FOR EMS RECOMMF.NDA ON; We recommend this award be made to Dr. Randy Park, M.D., in the amount of $24,000.00 per year. This agreement has two (2) one year extensions that may be executed. Any salary increases must be submitted in time for consideration during the annual budget process and cannot exceed 25% during the 3 year term. SUMMARY: Proposals were solicited for the position of Medical Director of the Denton Fire Department Emergency Medical Services (EMS). The Medical Practices Act, Chapter 127 provides that each facility providing emergency medical services should have a physician licensed by the State of Texas who is responsible for certifying the skills of the City's emergency medical service technicians and for supervising the EMS technicians. Randy L. Park, M.D. was the sole respondent to RFSP 41896 - Medical Director of EMS. The Fire Department desires to enter into this agreement with Dr. Randy Park who has satisfactorily performed the services of EMS Medical Director for the past seven (7) years. BACKOROUNIL• Proposal Agreement between City of Denton and Randy Park, M.D. PROGRAMS*.- ARTMENTS .OR-ORO IPS_AFFECTF,D. Fire Department Emergency Medical Services Division. F1S_CAL M1PACL- Funds for this service will be taken from annual budget dollars for Special Services, account 4100-060-0053-8502. i Respectfully submitted: Ted Benavides City Manager A roved: 72m: Tom D. Shaw, C.P.M. Title: Purchasing Agent 70 AGENDA 4 Agenda No. C4 - ) Agenda Item Rafe r_-) - THE STATE OF TEXAS + AGREEMENT FOR MEDICAL DIRECTOR COUNTY OF DENTON f SERVICES BETWEEN THE CITY OF DENTON AND RANDY L. PARK, M.D. This Agreement is made and entered into as of the 1996, by and between the City of Denton, a dTexae municipal corporation, with its principal office at 215 East McKinney, Denton, Denton County, Texas, hereinafter referred to as "City" and Randy L. Park, M.D., hereinafter referred to as "Medical Director". WHEREAS, Chapter 197 of the Medical Practices Act provides tnat each facility providing emergency medical service should have a physician licensed by the State of Texas who is responsible for certifying the skills of the CITY'a emergency medical service tech- nicians and for supervising the emergency medical service techni- cians; and WHEREAS, the CITY and Randy L. Park, M.D. wish to enter into an agreement providing for Park's professional services; NOW, THEREFORE, the parties hereto agree as follows: SECTION I. CONSIDERATION A. Compensation. CITY hereby engages the professional ser- vices of Randy L. Park, M.D. (MEDICAL DIRECTOR) as Medical Director of the Emergency Medical Service Technicians of the CITY, to per- form the duties and responsibilities set forth in state law and in this agreement. MEDICAL DIRECTOR shall perform all services as an independent contractor with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The CITY agrees to pay MEDICAL DIRECTOR for his services a salary of $2,000 per month from the date of execu- tion.of this agreement until September 30, 1997. MEDICAL DIRECTOR shall devote a minimum of twenty (20) hours service per month to his duties hereunder. S. Future compensation. MEDICAL DIRECTOR shall continue to devote a minimum of twenty (20) hours service per month. Any future increases in the MEDICAL DIRECTOR's salary will be con- sidered in incremental advances with a request and justification presented by the MEDICAL DIRECTOR to the Fire Chief prior to the development of the Fire Department yearly budget and approved by the City Manager or the city Council in accordance with fiscal approval policies. Any request for salary increase shall be submitted prior to March 1 of the year preceding the requested increase provided, however, no salary increase shall be in excess of 25t of the MEDICAL DIRECTOR'S salary at the time the request for an increase is submitted. F Agenda Na. • Agenda Item r -:2 Date C SECTION II. SERVICES The MEDICAL DIRECTOR shall perform all services enumerated in MEDICAL DIRECTOR's proposal for the position of MEDICAL DIRECTOR, which attached Emergency hereto as Services Program hereof, for These services shall include, but are not limited, to the following: 1. Periodically review, evaluate, and update the emergency medical services protocols to be used by paramedics and EMTs in the field as directed by MEDICAL DIRECTOR. 2. Establish and administer, and teach in the continuing education program for Denton Fire Department Emergency Medical Services personnel. 3. Review records of ambulance runs and evaluate the per- formance of Denton Fire Department paramedics through such means as in-service examinations, advanced skills testing and ride/out evaluations. 4. Evaluate and periodically update Denton Fire Department Emergency Medical Services field procedures. 5. Interact with area physicians and inform them of any changes in procedures and answer any questions they may have regarding the Program. 6. Assist with the administration of Emergency Medical Technician classes which are held by CITY,s Fire Department as needed. 7. Meet monthly with the Fire Department Assistant Chief of EMS/Administration and Emergency Medical Services Pro- gram Manager to discuss, evaluate and direct the operations of the Program. S. Prepare an annual report for presentation to CITY's City Council on the past year's performance of the Program and the present and future needs of the Program. 9. Comply with and fulfill all existing requirements of Chapter 197 of the State Board of Medical Examiners rules, and any future changes to said rules, pertaining to MEDICAL DIRECTOR. (The current rules are attached as Exhibit A.) 10. Comply with and fulfill all existing and future re- quirements of the State Board of Health's rules concerning a MEDICAL DIRECTOR. 11. Approve patient care equipment. Page 2 Y F I1 fj iL ~ ,ends Ho.~ ~ ~ Ager!da Item Date 12. Assist in the development of the Fire Department Well- ness Program. 13. Provide a minimum of one-half hour notice to appropriate CITY Fire Department personnel in the event MEDICAL DIRECTOR cancels any class scheduled pursuant to MEDICAL DIRECTOR'S ser- vices as provided in this Agreement; and in the event MEDICAL DIRECTOR fails to provide this notice of class cancellation more than five (5) times within a calendar year, MEDICAL DIR- ECTOR agrees that CITY may withhold a portion or all of one (1) month's salary of DIRECTOR. BNCTION III. INDEPENDENT CONTRACTOR The status of MEDICAL DIRECTOR performing work related to this agreement shall be that of an Independent contractor and not an agent, servant, employee, or representative of CITY in the perfor- mance of the Services. No term or provision of, or act of MEDICAL DIRECTOR or CITY under this agreement shall be construed as changing that status. SECTION IV. INDZWIPICATION A. Subject to the provisions of subsection B, below, MEDICAL DIRECTOR shall indemnify, defend, and hold harmless CITY and all of its officers, agents, and employees from any suits, actions, or claim whatsoever that might arise on account of any injury or dam- age received or sustained by any person or property, including without limitation bodily injury or death, as a result of MEDICAL DIRECTOR's conduct of any activity or operation in connection with MEDICAL DIRECTOR's provision of services required under this Agreement. B. MEDICAL DIRECTOR shall not be obligated to indemnify, defend, or hold harmless CITY or any of its officers, agents, or employees when the injury or damage to a person or property is caused by the sole negligence of CITY, its officers, agents, employees, or the negligence of a person or persons not under the supervision or control of MEDICAL DIRECTOR. constitu eoa waiveroof of this the immunitiesnorslimitseofnliability or other defenses at law or equity granted to CITY under the constitution and laws of the State of Texas, including the Texas Tort Claims Act. D. The MEDICAL DIRECTOR shall maintain physician's malpractice insurance coverage with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency which insurance company has a rating with Beet Rated Carriers of at least an A- or above, in the following minimum Page 3 l E y '•;elwa NU. Agenda Item, )ate ~limits: $2,000,000 per occurrence. MEDICAL DIRECTOR shall provide a copy of the policy to CITY and any such policy shall provide at least fifteen (15) days notice of cancellation or change in policy terms to CITY. 82CTION V. MISC3LI,ANZOUS A. Entire Agreement. This agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. B. Assignment. MEDICAL DIRECTOR shall not sell, assign, trans- fer or convey this agreement, in whole or in part, without the prior written consent of CITY. C. Notices. Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid, as follows: If to the CITY If to the MEDICAL DIRECTOR, addressed to: addressed to: City Manager Randy Park, M.D. City of Denton 4405 N. 2-35 215 E. McKinney Emergency Department Denton, Texas 76201 Denton, Texas 76201 I Notices shall be deemed to have been received on the date of + receipt as shown on the return receipt. D. Termination. The CITY may terminate this Agreement by j giving MEDICAL DIRECTOR sixty (60) days advance written notice. This Agreement may be terminated in whole or in part in the event either party substantially fails to fulfill its obligations under this Agreement. No such termination will be affected unless the breaching party is given (1) written notice of intent to terminate setting forth the reasons specifying the nonperformance; (2) not less than thirty (30) calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. SECTION VI. TERM This agreement shall be effective July 16, 1996 and terminate September 30, 1997, unless sooner terminated in accordance with the terms hereof or extended by mutual agreement of the parties. The parties hereto agree that this agreement may be thereafter extended Page 4 r34.'R°~Q G' r: ,e~da NO. Apenda item r for a period of two (2) additional one year terms under the conditions set forth herein by notification in writing by the City Manager. Executed by the parties on this day of 1996. CITY OF DENTON, TEXAS BY: TED BENAVIDEs CITY MANAGER ATTEST: JENNIFER WALTERs, CITY sECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY MEDICAL DIRECTOR BY: RANDY PARK, M.D. ' ai\sadi~al.k Page 5 F Agenda No. q!o - 030 CITY COUNCIL REPORT FORMAT Agenda Itim_ Date_ 7-& -9G DATE: July 11, 1996 TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Municipal Maintenance Agreement RECOMMENDATION Approval of ordinance authorizing City Manager to execute agreement S.VKMARY/BACK7R%yD: Denton County is developing its property adjacent to McKinney Street (P.M. 426). 000. 00 towards he h econstructionra and wide ing of McKinney lSI be treetrfrom J nnie,Street east to Woodrow/Audra Lane intersection. The widening of McKinney Street is needed due to the increased traffic generated by the development of the County's Cout: Complex. A right turn lane (in and out) for the driveway will be constructed by the county at the time the driveway is constructed. A section of the proposed curb will be left out to accommodate this future construction. The removal of this section of road from the Texas Department of Transportation (TXDOT) will allow the project to be accomplished in a more timely and less costly manner. In addition to the County's funds the City of Denton Capital improvement Program funds of $90,000.00, allocated for the Campbell Street and McKinney Street Drainage improvement project, will be utilized for the widening project. The combination of the two projects funds will make better use of the funds by incorporating the drainage design as part of the street reconstruction and widening. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Capital Improvements Pr rams (C.I.P.); Engineering and Transportation Department will design and the public utilities will be adjusted and/or relocated as needed; and the general public will be inconvenienced during construction of the project. FISCAL IMPACT $90,000.00 from C.I.P. (Campbell Drainage) and perpetual maintenance of Street. RESPECTFULLY SUBMITTED: fry Te Benav es City Manager Prepared/Approved by: aer"cytoCr r of Engineering & Transportation AEE00767 r t l xda tmm't . o rd . ,yf~>da No. •_,;~~~da item dale ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE AN AMENDED MUNICIPAL MAINTENANCE AGREEMENT FOR STATE HIGHWAYS, BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the mayor is authorized to execute an amended Municipal Maintenance Agreement for State Highways, between the City of Denton, Texas and the State of Texas, acting through the Texas Department of Transportation, under the terms and conditions contained within the amended agreement, which is attached hereto and made a part hereof. SECTION II That, upon final execution of the amended ragreement, t authorizing ordinance agreements supersede between a the prior pertain or to this issue, and that in all other respects, this ordinance shall become effective immediately upon its passage and approval. 1496PASSED AND APPROVED this the day of . , JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 7 BYf -7- 7 r FUJI SSL= MUNICIPAL MAINTENANCE ORDINANCE, AIN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF TLiiIrIl." s COUNTY OF +~c.;T~.•. , TEXAS, HEREBY REFERRED TO AS MUNICIPAL M9-1 EN CE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN AGREEdE14T BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE- CLARING AN EKERGINCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FRC14 AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety and necessity of the City, and the people of the City require that State Highway routes within the City be adequately maintained; and WHEREAS, the City has requested that the State of Texas, enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State of Texas has made it known to the City that it will, with its own forces and equipment and at its sole cost and expense, enter upon and maintain said project, conditioned upon the provisions concerning liabilities and responsibilities for maintenance, control, supervision, and regulation which are set out in the form attached hereto, made a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEMENT"; and WHEREAS, said project consists of those State Highways and/or portions thereof which are described and included in the form attached hereto and marked "MUNICIPAL MAINTENANCE AGREEMENT." NOW, THEREFORE, BE IT ORDAINED by the PT+y AV T'-w-r~ SECTION 1. That the public convenience, safety and necessity of the City and the people of the City require said project be adequately maintained. SECTION 2. That the State of Texas be and is hereby authorized to enter u1on and maintain said maintenance project. SECTION 3. That the Mayor, or proper City official, of the City, be and is hereby authorized to execute for and on behalf of the City an agreement with the State of Texas, in accordance with and for the purpose of carrying out the terms and provisions of this order, in the form attached hereto, made a part hereto, and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City thereto. SECTION 4. The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being In fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the agreement aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance cn three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. z f r, Agenda Agendd Atr~{i 2/ ) Date 1. A. Non-Controlled Access routes or portions thereof which are de- scribed and/or graphically shown as "State Maintained" routes in Exhibit "A", which is attached hereto and made a part hereof. B. All State Highway routes or portions thereof which have been designated by the State Highway and Public Transportation Com- mission as Controlled Access Highways and which are described and/or graphically shown in Exhibit "B", which is attached hereto and made a part hereof. 2. The City shall retain full responsibility for the maintenance of those State Highway routes and portions thereof which are listed and/or graphically shown in Exhibit "A" and Exhibit "B" as "City Maintained" routes, except that the State is hereby authorized by the City to erect and maintain normal route markers and direction- al and destination signs thereon for direction of highway traffic. 3. In the event that the present system of State Highway routes with- in the City is changed by cancellation, modified routing, new routes, or change in the City's corporate limits, the State shall terminate maintenance and this agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained" under paragraph 1 above, unless the execution of a new agreement on the changed portion of the routes is requested by either the City of the State. i GENERAL CONDITIONS 1. The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. 2. This agreement shall supplement any special agreements between the State and the city for the maintenance and/or construction of the highways covered herein and this agreement shall supersede any ex- isting Municipal Maintenance Agreements. 3. Traffic regulations including speed limits, will be established and fixed by agreement with the State after traffic and engineer- ing surveys have been conducted. 4. It is mutually agreed that, subject to approval by the State, any street lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. -2- V F Agenda No. Agin abUpn~ ~ Date 5. It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes through the City and shall in no way be considered to cover any present or past obligation either real or anticipated concerning such State Highway routes through the City. 6. The City shall prohibit the movement of loads over State maintain- ed streets which exceed the legal limits for either weight, length, height or width, as prescribed by State law for public highways outside corporate limits of cities, except those having proper permits from the State for such movements. The City shall also, by ordinance and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the street and/or for traffic safety. 7. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present en- croachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right of way without prior agreement with the State. 8. The City agrees that traffic control devices, such as signs, traf- fic signals and pavement markings, in respect to type of device, points of installation, and necessity will be fixed by agreement j with the State after traffic and engineering surveys have been made. The City agrees that it will not install or maintain or permit the installation or maintenance of any type of traffic con- trol device which will affect or influence the utility of the State Highway routes without having obtained in writing the prior approval of the State. Traffic control devices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that future traffic control devices installed as a joint project by the City and State will be the subject of a separate agreement outlining the responsibilities for installation. and maintenance. 9. The City agrees to assure the grantee's conformance, for proper construction and maintenance of access driveway facilities, in ac- cordance with "Regulations for Access Driveways to State Highways" adopted by the State Department of Highways and Public Transporta- tion or in accordance with other standards and specifications for the design, construction and maintenance details subject to ap- proval by the State Department of Highways and Public Transporta- tion. -3- 5 ,1 a,a F xpEnda No.~ . > AgEnAa~ Q8 4ate._ , 10. It is understood that the use of unused right of way and areas be- neath structures will be as determined by a separate agreement. 11. On those State Highway routes and portions thereof which are list- ed and/or graphically shown on Exhibit "A" and Exhibit "B" as "City Maintained" routes, the City agrees to perform biennial in- spections of all bridges and bridge classified culverts not later than July 1 of each even numbered year, and to provide inspection and inventory data to the State; all in accordance with National Bridge Inspection Standards. NON-CONTROLLED ACCESS HIGHWAYS State's Responsibilities 1. Maintain the pavement, base and its support and maintain the shoulders on those sections where there is no curb and gutter. 2. Install and maintain normal highway markings necessary for direct- ing highway traffic in a safe and efficient manner, which shall include normal route markers, directional and destination signs, city limit signs, school safety devices including school cross- walks (in cities under 15,000 population only), center line, lane line and no-passing barrier line stripes, and such other pavement markings considered necessary for direction of traffic, except pe- destrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to the ap- proval of the State. 3. Assist the City in sweeping and otherwise cleaning the pavement, in mowing and cleaning of litter; and in maintenance of roadway ditches, on those sections of State Highway routes where and to the extent that such duties are delineated on Exhibit "A". 4. Assist in snow and ice control as availability of labor and equip- ment will allow. City's Responsibilities 1. Prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to de- termine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 2. Install and maintain all parking restriction signs, school safety devices including school crosswalks (in cities over 15,000 popula- tion only), pedestrian crosswalks, parking stripes and special guide signs when agreed to by the State. Signing and marking of -4- { l~ .,M •1 Agenda Y6 AgenA#t~eni Date 4]~. intersecting city streets to State Highway routes will be the full responsibility of the City. 3. Require installations, repairs, removals or adjustments of public- ly or privately owned utilities or services to be performed in ac- cordance with State Department of Highways and Public Transporta- tion specifications and subject to approval of the State. 4. Retain all functions and responsibilities for maintenance, con- trol, supervision, and regulation which are not specifically de- scribed as the responsibility of the State. The assistance by the State in maintenance of roadway ditches does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is specifically covered in a separate agreement between the City and the State. -5- a fi 1 AgendfaRIV"Pr 38 Agenda items / 2-~ Date CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be appli-• cable to controlled access highways in addition to the "General Condi- tions" contained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and/or graph- ically shown in Exhibit "B". State's Duties 1. Maintain the traveled surface of the through lanes, ramps and frontage roads and those things beneath such traveled surface nec- essary for the proper support of same under vehicular loads en- countered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right of way width where no frontage roads ex- ist, and assist in performing these operations between the right of way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways, and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and as- sist in these operations as the availability of equipment and la- bor will allow on the frontage roads and separation structures or roadways. 5. Erect and maintain all normal markings and signs necessary for the proper use of the facility and direction of traffic thereon. 6. Maintain all drainage facilities within the limits of the right of way. Gi.yIs Duties 1. Restrict parking on frontage roads to parallel parking on one side only and prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances and tak- ing other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. -5a- a i Agtada N . Apenda(~em__ Dater-~ ~ qty ' ~C~ 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal ;r adjustment is undertaken, crossing over or under the highway facility or entering the right of way. In the event of an emergency, it being evident that imme- diate action is necessary for protection of the public and to min- imize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibi- lity and risk make necessary emergency utility repairs, notifying the State of this action as soon as practicable. 4. Pass necessary ordinances and retain its responsibility for en- forcing the control of access to the Freeway facility. I -5b- i .1 2 to Agenda No. A~ Termination L It is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State High- way routes covered by this agreement shall terminate if and when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Said State assumption of maintenance shall be effective the date of ex- ecution of this agreement by the Texas Department of Transportation. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of RLr",- on the day of , 19 , and theTexas Department of Transportation on the day of , 19 ATTEST: CITY OF DrTnlq BY CITY SLCWPTA. Y •-A rza ` T tle of Signing Official) I APPROVAL RECOMMENDED: STATE OF TEXAS I Certified as being executed for b atr ct Eng Weer, the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore ap- proved and authorized by the Texas Department of Tr.ans- Eng neer of Maintenance portation. BY District Engineer Note: To be executed in triplicate and supported by Municipal Mainte- nance Ordinance and Certificate of City Secretary. -6- a f Agenda No. 1 Agenda Item ATTACHMENT A Date Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, Section 713. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revokable in the event that the airspace facility ceases to be used or is abandoned. EXHIBIT E r Agenda No.~ EXHIBIT "A" Agenda Item NON CONTROLLED ACCESS HIC11WAY Cate I. SLATE MAINTAINED A. U.S. 77 Business: From North City Limit to the intersection of Sherman Route (Southbound Drive which includes only those sections of U.S. 77 & Northbound) :within the City Limit. (Base, surface, assist in mewing, cleaning litter, and in maintenance of road- way ditches.) B. U.S. 77 Business: From intersection of Sherman Drive over Elm Street Route (Southbound) to intersection of U.S. 380 (Uriversity Drive). (Base, surface, and bridge classification structures only.) C. U.S. 77 Business: From U.S. 380 (University Drive) over Elm Street to Route & U.S. 377, intersection of McKinney Street. Southbound bridge classification structures only.)' surface, and D. U.S. 77 Business: From Mulberry Street over Elm Street to intersection Route & U.S. 377, of Eagle Drive. (Base, surface, and bridge classifi- Southbound cation structures only.) E. U.S. 77 Business: From intersection of Eagle Drive over Eagle Drive to Route (Southbound Dallas Drive to Approximately 190' South of Allegre & Northbound) Vista Street. (Base, surface, and bridge classifica- tion structures only.) F. U.S. 77 Business: From approximately 190' South of Allegre Vista Street Route (Southbound to IH 35E. (Base, surface, assist in mowing, clean- & Northbound) ing litter, and in maintenance of roadway ditches.) G. U.S. 377 (South-: From intersection of Elm Street and Eagle Drive over bound & North- Fort Worth Drive to intersection of South Roselawn bound) Drive. (Base, surface, and bridge classification structures only.) H. U.S. 377 (South-. From intersection of South Roselawn Drive to South- bound & North- west City Limit. (Base, surface, assist in mowing, bound) cleaning litter, and In maintenance of roadway ditches.) I. U.S. 377 (North-: From intersection of Eagle Drive and Fort Worth Drive bound) over Eagle Drive to Locust Street. bridge classification structures only.) surface, and J. U.S. 377 & U.S. From intersection of Eagle Drive and Locust Street over 77 Business Route Locust Street to Intersection of Mulberry Street. (Northbound) (Base, surface and bridge classification structures only) K. U.S. 377 & U.S. : From intersection of McKinney Street over Locust Street 77 Business Route to intersection of U.S. 380 (University Drive). (Base, (Northbound) surface, and bridge classification structures only.) r Y' Pagr. -2- C~ Agenda No1~' EXHIBIT A C' NON CONTROLLED ACCESS HIC!VAY Agenda IIlem , Oate STATE MAINTAINED (Ar:ended) L. LT. S. 360: From West City Limit over University Drive Lo Ili 35. (Base, surface, assist in m a+ing, cleaning, litter, and in maintenance of roadway ditches.) M. U.S. 380: From IH 35 over University Drive to intersection of U.S. 377 Northbound (Locust Drive). (Base, surface, and bridge classification structures only.) N. U.S. 380 6 From intersection of U.S. 377 Northbound (Locust St.) U.S. 377 over University Drive to intersection of Frame Street. (Base, surface, and bridge classification structures only.) 0. U.S. 380 6 From Intersection of Frame Street over University Or. U.S. 377 to East City Limit. (Base, surface, assist in mowing, cleaning litter, and in maintenance of roadway ditches) P. F.M. 2181: From IN 35E over Teasley Lane to the Southeast City Limit, which includes only those sections of F.M. 2181 within the City Limits. (Base, surface, assist in mow- ing, cleaning litter, and in maintenance of roadway ditches.) Q. F.M. 1515: From Junction of LH 35E, west to intersection of County Road near Denton Airport. (Base, surface, assist in mowing, cleaning litter, and in uaintenance of roadway ditches.) Woodrow R. F.M. 426: From intersection of 46Xj& Street over E. McKinley (Amended) Street to East City Limit. (Base, surface, assist in mowing, cleaning litter, and in maintenance of roadway ditches.) S. F.M. 2164: From North City Limit over N. Locust Street to the Junction of North U.S. 77 Business Route. (Base, sur- face, assist in mowing, cleaning litter,, and in main- tenance of roadway ditches.) T. F.M. 1830: From Junction of U.S. 377 to the South City Limit. (Base, surface, assist in mowing, cleaning litter, and in maintenance of roadway ditches.) U. Loop 288: From Junction of U.S. 380 to Junction of IH 35E. (Base, surface, assist in mowing, cleaning litter, and in main- tenance of roadway ditches.) V. F.M. 428: From North City Limit over Sherman Drive to intersectior of Hercules Street. (Base, surface, assist in mowing, cleaning litter, and in maintenance of roadway ditches.) F 4 Page -3- " o Agenda Item EXHIBIT "A" Da;e NON CONTROLLED ACCESS HIGHWAY (Amended) II. CITY MAINTAINED A. U.S. 77 Business: From ir.tersect'.on of McKinney Street over Elm Street Route 6 U.S. 377 to Mulberry Street for soucabound traffic, and from intersection of Muli rry Street over Locust Street to Mc~fnney Steet for northbound traffic. B. U.S. 77 Business: From intersection of U.S. 380 (University Drive) and Route (Northbound) Locust Street, North over Locust Street to the inter- section with Sherman Drive, thence West over Sherman Drive to the intersection with Elm Street. C. F.M. 426: From Intersection of Northbound U.S. 77 Business Route (Amended) and Northbound U.S. 377 over McKinney Street to inter- section of }jg"ft Street. Woodrow D. F.M. 428: From intersection of Hercules Street over Sherman Drive to intersection of Locust Street. EXHIBIT "B" CONTROLLED ACCESS HIGHWAY 1. STATE MAINTAINED A. IH 35: From North City Limit to intersection with IH 35E Q IH 35W B. IH 35E: From intersection with IH 35 6 IH 35W to Southeast City Limit. C. IH 35W: From Intersection with IH 35 and IH 35E to Southeast City Limit. II. CITY MAINTAINED None k z No. (i C ? 1 r _ tl Agenda +tarn z I o w t OENTOPJ' Y It 'I-'e-- -S r - M q, r4J 8 1 0~ I 1 li ~r I -iE1 ` sec ` ~r ~ ~ \ e 'r II. / / i+ e~,., I - , I r i f ~ i i ^7 ~ \ ~ eu 1 ' I .dpi • ~ II. ~ n ot. 1 kOP7«I PKC 1 i ~TY] t~ 791 _ - X71 Y , _a_II f CREEP LEGEND « .o T EXHIBIT 'IAn NON CONTROLLED ACCESS HIGHWAYS JYn4M ~ Y/ - r CC CP\ STATE MAINTAINED L- cPti.oN (BASEI SURFACE ASSIST 1,YIna1,r' IN MOWING, CLEANING LITTER, AND IN K%IN- i_ TENANCE OF ROADWAY i c«u«o\` ?la r!fC DITCHES) r00N'[P 04P p ;'L iy 71 0 STATE MAINTAINED (BASED SURFACE, AND I h { BRIDGE CLASSIFICA- TION STRUCTURES ONLY) ® CITY MAINTAINED I r fko Unl r r r " Agenda 1 i Agend tam _ 1;•• Date . 1 1 - Y'41 1. f 11 ~ :113 111 ,1 , ••.r 71 .~"tlr,.riy,1 ~ M 1 ~ 1 I w I•I .r 15.i• l ' 4 , { Y, , ` r ,1 o ~r ~ WF 3 1 ! Y X f7 1, as n aL1JJV • 'tl [ rs \o.w ...y, YrLY.V}y. Y 'Y c ~ • Mr. _ wr•.Ai.]y 1 ~ ja ~G OOPYa OC]C-.a1,0 L_ f ' .IUO•SrOY ~ ~ 4T .SL-Lt 6an.Lr IS_ ~i,u ~ \JJ\ i j l!rO..Yr><I tnn:t- ss a ~ t Z"+rian if ,~:~l ~'1'='Js ~ ~ f 7 < if L ~ ; k' n l+'T ~ - r' ~ T F i = n t If Yr . yam. + ~ H eN ql ^."-•~~'nN fl if .f / i ~ r Y O - _ 1 I / 1 war aw.~ ~ I~ i am pl: tl.;, 1 dz£3 G V 13 w 1-40 94 ~~d}} i S a j, a S ~ f i i•w». ~ S6 V ~ C of [aw ~ .Yw ,J { ° 'k v°i N w v 1) - M. { LL..,.. T; y a V W W to ` G. -?J- :i r;.„- , d w ~ QQ v wrn H a z s• r- a.. 1 t to y z h p~ rt,to.l. Z ' 1 •Yni nw.p. - ¢ H w H d C4 H 90 E-4 0 r ' ~ ~ d z Q~~ i!} 1 ~ A H z ;i9 P.m , H oz k i z FC) V N V kfi' 15 F, zz .1 F I~ f - - - - - - - - - - - - ',i ~ Nnr,f ~ pw POVwfu !i 1 r' I ~ ~rr"_nLl ~ I. 1n_y_fs _~fyr• _ vl r • i•~Vn• ai i4py MI r If.r w`VrV H D ' "lfnfua r_ { !irO• I M ! r .F1 ~•wrPlr+ 3 aw I. If r rr :71Mi pi rr MYVi P~•vs- SOL on r.. cY n rn oct • ' rn•a+r I /t C044 T, L_ - r YYOS/ ~ E 0 rpr• ~ ' • ~ ~n ~ V w I WtRJ!L S ~ 1 - ~ ' I ar[ S• r/,L:I • ( S f~ ' • NJ• r21K IJ ~fbtrd" IafY ~yf + ~Lw.lhw^~A" Z i~• I t ~ i' IJrIrMYJ ~ •n "G i'•O I n t ~ C~' ryi.. ~ .'T ° Willw.+p L• ^+E ~ ~ 1't 7A~ t~ ~ '~i . N~'!'•~~ rw c•.isp ~ i•N' • h. CF!:r) G•IINw k~ ~ 0 r ~ '^i l_l i)'./ I•(.ni IV D 11V ~ ~I ~ Gr11rMU11 L /•D Ill rd•r+ 4 • i r0• S ~ :I u Sf - - J ,L.If ' • s .L.I,r, F 1 Vlrq. T / I {~~,r- •.ti Y•.r+ r+v+r % 1 wMLa•rD ~ [ L.r•rN .2 i` i •nN, yuv •t •r I_.I ~tSG prd t Sft r [I> • __.Le___ _~_.J_._.~'__ JK w'f S!nIr ,I t feria k ~j~ v~ C Hall I AfrM~l' I. . 4i. [1 l~ Y.._Mr Gn Ww I wirNL tl ° • t LEGEND 0•.,, / i uuw« V DENTON EKHIBIT "A"' f n ru *c NON CONTROLLED ACCESS HIGHWAYS ` E ^ un4•u ,r jo•• r ri 1 1• i w wlr r STATE MAINTAINED (BASE, SURFACE ASSIST IN MOWING, CLEANING »,I r I LITTER, AND IN MAIN- 1 r M , y S t..,r, TENANCE OF ROADWAY " DITCHES) Y t w )r ,r Oi• r NYr E ,•r y y STATE MAINTAINED (BASE, SURFACE, AND 3 BRIDGE CLASSIFICA- TION STRUCTURES R.'. ' 1!Ai p ONLY) I CITY MAINTAINED rl ~ / r .1 • • s w ~ e wmf Y \ O lY • • r Wrn 41 w t I•N4iN' 41 Q Y N 4C fr]~D t , \ " • C Z ' Y C01 I S ~ r! ~ C^i t18K y \ C~ ~ ~ fa • 1 ,_V ~+1~ `'~V.I a~~~. l?:.~ '1L'°;.,L. 1_~.°'. ij +.s~~~'"_.~' .rte s N F r I GG ,'I ` M E` .b Agenda Na; i Agenda Item i _ Date 1011. -f ` J Ap. 17__ ___Y, I I I 1 J ; • i ~ : I DENTON r• _ _ .,7'= u • I ~ ~ JY . I ! / CAMS } I • t_T}• E .111 1 t• e I ~j (;G E I+a / f fi Ir •u i \ i I J t1LJ I!.. - 2'1 •q Ir~::l - •I t _7j. ti I r w..e r r F} F': p :u 1 I r _ _ l ~ , ~ r)n ~ ~ 1 Y _ I j ou►onrt 011 r ~ ~ " ~ I i pr •1.-j Co. T / I I \ati as T ~"1 ~ ~ Gal r1.01 EN i / :z•z: saa"a_~_ r. I CCOINiN rY..l 404LME .y ~ J./_-~ .1 M II I f. <i Ir ,a ~ YYY y ALEAS 1 I ~ l ( Cr+EER +i. DJ ~r , - - Legend \ I' Exhibit "D" coaan~ l ---.t -r-• F *rl COnIr011ed Access Migh'way- ~ \Olrr - ~ ' ~ 1 Ee E $1G}c 1,~OI IfQlI1C.~ J-r -I \ l 1 na nll E ) r ttiof1C:.. (rtf j fKfaIT1Cd tldr ,}!T F1 t,p ~~.n r ' MLNIOYYILLE R-1 x F Agenda No. 96,0 ' 030 Agenda Iteni P-140'9--a- CITY COUNCIL REPORT FORMAT r7-/ G ' 9G Date DATE: July 8, 1996 *10: Mayor and Members of the City Council FROM; Ted Benavides, City Manager SUBJECT: Interlocal Cooperation Agreement RECOMMENDATION: Approval of ordinance authorizing City Manager to execute agreement SUMMARY/BACKGROUND- -Denton County is developing its property adjacent to McKinney Street (F.M. 426). As part of the development requirements the County will be providing $300,000.00 towards the reconstruction and widening of McKinney Street from Jannie Street east to Woodrow/Audra Lane intersection. The widening of McKinney Street is needed due to the increased traffic generated by the development of the County's Court Complex. A right turn lane (in and out) for the driveway will be constructed by the county at the time the driveway is constructed. A section of the proposed curb will be left out to accommodate this future construction. In addition to the County's funds the City of Denton Capital Improvement Program funds of $90,000.00, allocated for the Campbell Street and McKinney Street Drainage improvement project, will be utilized for the widening project. The combination of the two projects funds will make better use of the funds by incorporating the drainage design as part of the street reconstruction and widening. PROGRAMa DEPARTMENTS OR GROUPS AFFECTED, Capital Improvements Programs (C.I.P.); Engineering and Transportation Department will design and the public utilities will be adjusted and/or relocated as needed; and the general public will be inconvenienced during construction of the project. FISCAL IMPACT $90,000.00 from C.I.P. (Campbell Drainage) and perpetual maintenance of Street. 1 RESPECTFULLY SUBMITTED: Te Benav es city manager * Prepared/Appr'^ronnve__d--by: ~r c, P.E. rect of Engineering & Transportation AEE00767 t R.\RPD0CS%0RD\MCKINNEY.IMp r+t}enda N No, Agenda DateORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR IMPROVEMENTS TO MCKINNEY STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN i EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute an Interlocal Cooperation Agreement for Road Improvements Between the City of Denton and Denton County for improvements to McKinney Street, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as required in the attached 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. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: t s! ageoida No C ` Agenda Item Date ~ THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a political subdivision of the State of Texas, hereinafter referred to as "City" and Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "County" for purposes of the completion of certain road improvements, hereinafter referred to as the "Project." WHEREAS, County is developing its real estate located on McKinney Street within the limits of City; and WHEREAS, City's Subdivision Rules and Regulations require that County make certain improvements to McKinney Street, including widening of McKinney Street and drainage improvements, the Project; and WHEREAS, City has identified McKinney Street as one on its Master Thoroughfare Plan, requiring certain improvements; and WHEREAS, widening of McKinney Street has been placed on the Texas Highway Department's list of future projects; and WHEREAS, City and County value the early completion of the Project; and WHEREAS, City and County mutually desire to be subject to the provisions of V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act; and WHEREAS, City desires the participation of County in the Project as authorized by V.T.C.A., Transportation Code, Section 251.012; NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: ICA.Denton.McKinney 1 F u yv s; Agenda No. Agenda Item Date ' 9? I. The term of this Agreement shall commence on October 1, 1996, and shall end on September 30, 1997, unless sooner terminated as provided in the succeeding provisions hereof. II. The Project is described as follows: in the City of Denton, Texas, widening of McKinney Street from Jannie Street to Woodrow Lane, including drainage improvements, as required by City's Subdivision Rules and Regulations, and including all surveying, engineering and construction. It is expressly agreed and understood that all of County's obligations pertaining to McKinney Street improvements with relationship to the City's platting process and pursuant to the City's Subdivision Rules and Regulations shall be fully and completely satisfied by completion of the Project. III. Pursuant to V.T.C.A., Government Code Section 791.011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services individually. IV. As required by V.T.C.A., Transportation Code Section 251.012 and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement approves of the expenditure of County money to participate in or to fund $300,000.00 toward financing the improvement of a street in the County that is located in the City. V. In performance of this Agreement, City agrees to assume responsibility for seeking the removal of the referenced section of highway from the State Highway Department's ICADenton. McKinney 2 - r Agenda No.~ Agenda Item oats maintenance responsibility and for securing all necessary surveying, engineering and construction services related to the Project. City further agrees that it shall be solely responsible for payment of all expenses related to completion of the Project. City shall seek reimbursement for expenses related to the completion of the Project from County as set forth below. VI. As City proceeds in the completion of the Project, it shall submit to the Denton County Auditor, at 301 East McKinney Street, Denton, Texas 76201, invoices on a monthly basis for reimbursement and County shall reimburse City for all expenditures related to this project within Thirty (30) days of receipt of these invoices. Attached to this Contract is a certification by the County Auditor that the County shall include the sum of Three Hundred Thousand and no/100 ($300,000.00) Dollars in its 1996-97 budget and that this amount shall be itemized, set aside and approved by the County Commissioners Court to be expended for the project that is the subject of this Agreement. Reimbursement from County to City shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS AND N0/100 ($300,000.00). VII. In performance of this Agreement, County agrees to assist City in expediting the completion of the Project. If, as construction of the Project proceeds, City determines it prudent to close McKinney Street, County consents to the closure. In further performance of this Agreement, County agrees to reimburse City, from its current revenues, a sum not to exceed that stated above. VIII. This Agreement may be terminated in whole or in part by County or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be affected unless the ICA.Denton.McKinney 3 t E aa:~,~~aa Ka. Agenda Item NIe_ defaulting party is given (1) written notice delivered by certified mail, return receipt requested of intent to terminate setting forth the substantial failure to perform; and (2) not less than thirty (30) calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of termination by the County, County shall reimburse City for all invoices submitted up to and including the date of termination. Notices shall be directed as follows: For City: For County: Jeff A. Moseley Denton County Judge 110 East Hickory Denton, Texas 76201 with a copy to: District Attorney's Office/Civil Division 319 West Oak Street Denton, Texas 76201 1X. The covenants, conditions and terms hereof arc to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas. The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton, Denton County, Texas. X. This writing is intended by the parties as a final expression of their agreement and as acomplete and exclusive statement of the terms of their agreement. This Agreement can be modified or rescinded only by a writing signed by both of the parties or their duly authorised agents. X1. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither County not City waives, nor shall be deemed hereby to waive, ICA.Denton.McKinney 4 r i 1F~ Aaegwa No, r Apanda Item Date - any immunity or defense that would otherwise be available to it against claims arising by third parties. XII. In the event that any portion of this Agreement shall be found 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. XI1I. The undersigned officers 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 and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this, the o~ day of J K 1996. COUNTY L-~y Denton County, Texas City of Denton, Texas 110 West Hickory 215 East McKinney Street Denton, Texas 76201 Denton, Texas 76201 13y. A. Mosele 13y. ! Y 7 a 9b ton Countylu g Acting on behalf of and by Acting on behalf of and by authority of the Commissionpw""' authority of the City Council of Court of Denton County, S Co&9Denton, Texas sue: Attest: Attest: Tim Hodges, County Cl' y.'• e rj ~NN~ By: By: ICA.Denton.McKinney 5 a x(54, C1f yc~i0a ND. Apead Item Data Approved as to form: Approved as to form: Assistant Dtstnct Attorney Assistant City Attorney AUDITOR'S CERTIFICATE I hereby certify that pursuant to Commissioners Court order # funds will be available in fiscal year 1996-1997 in the amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) to accomplish and y the obligation of Denton County, Texas under this Agreement. t/no Wells, ou ty ditor 1CA.Denton.McKinney 6 I I CITY COUNCI T r 7 1 1 r f 1 7 1 1 1 m ~ s Q 4 O 1 4rC ~4*~`J I I~ July t 1996 CITY COUNCIL Agenda no._Q!o - O O AGENDA ITEM Agenda item TO: MAYOR AND MEMBERS OF THE CITY COUNCIL Oate--2aZ(Q •9(0 FROM: Ted Benavides, City Manager SUBJECT: CONSIDER AWARD OF A CONTRACT TO SHIMEK, JACOBS & F IQLEA FOR THE WATER DISTRIBUTION STUDY. RECOMMENDATION. The Staff and The Public Utilities Board (Exhibit A - PUB agenda item) recommends i approval of the contract (Exhibit B) to Shimek, Jacobs & Finklea (SJF) in the amount of $30,000, SUMMARY: S1F will update the City's existing computer software. The new software includes a model that j will enable staff to develop master plans for the City. In addition, the new software permits staff to produce maps and graphics both for technical and non-tft;Wcal review. The model will specifically be used to evaluate future sites for elevated water storage. S1F has done similar work for Piano, Irving and Farmers Branch. BACKGROUND: This item is included in the 1996 Budget. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Citizens, Water Department, and Shimek, Jacobs & Finklea. FISCAL IMPACT: The cost is $30,000. It is included in the FY 1996 Budget. RESPECTFULLY SUBMITTED: Ted Benavides, City Manager Prepared y: Howard Martin Director of Environmental Operatio Approved b Robert . Nelson, P. E. Executive Director of Utilities Exhibits: A June 7, 1996 Public Utilities Agenda Item B Contract J:\NPDDCS\DRD\VAIERD:S.ORD ' Apenda No.~ Agenda Item r Date + ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND THE ENGINEERING FIRM OF SHIMEK, JACOBS & FINKLEA FOR THE PROFESSIONAL ENGINEERING SERVICES INCIDENT TO A HYDRAULIC ANALYSIS AND MASTER PLAN REPORT FOR THE WATER DISTRIBUTION SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an Agreement between the City of Denton and the engineering firm of Shimek, Jacobs & Finklea for completion of an hydraulic analysis and master plan report for the water distribution system. fiFd2TION II• That the City Council hereby authorizes the expenditure of funds as provided in the Agreement. SECTION Iii. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY$ CITY ATTORNEY BY: ' r~ d r ^ rte/ F Yj Y, A o e n d a No. yl ^ a Aoenda Item Date C itIM 7, 1996 PUBLIC UTRdTIF,S HOARD AGENDA ITEM TO : CHAIRMAN AND MEMBERS OF 77M PUBLC UTUJTIIiS HOARD FROM : R.E. NELSON, EXECUTIVE DIRF roi UTIums SUBJECT : CONSIDER AWARD OF A CONTRACT TO SHMWM jACOpS R FJNKLZA FOR TE$ WATER Dwnus>I>TJON STUDY RECOMMENDATION 77* Udgtics ~ ~ m Stair re¢ommeads award of a eonawt (lxbibit n to Sbhwk, twobs FWUm (SM in the amount of $30,000. staff#1ARY Staff b hmilLr with the *0* of SW with rcspea to weer disaibu&a attdiet. S)F has done aknWr said" for Plano, In* and Farmers Wauh. SJF will lre us* Cyberoet wftwaro. IU li the name aottwm that the City aopbW LM year, to MW. our Mesa ymar old software. 7U new eoftwaro Qia Mafr the capabliity to pnoduoe map and fix 'a whirls an be moue esslly uaden"W by non jwb deaf Poo* rise of rise surely and ft aced to IN it done In a timely 6ahioo. fta b. & e[~Q t . A ooeatdtaat b needed eador thaa uyiq to aoooepplM dh@ io4owe. The Cjky aMff w111 Pt the complabd eo~ptMer model am b2fi S. We wW be able to modify noel WdW the model is the future. The early iochadee: 1. Coaneet and update old model. 2. Bvalwo praeot and fbtum wafer demsode 3. PMw an exjWv# ad matter plao wafer diton hydrnulio model sad NOV. 4. Bvahtat..- ad make ieoommeodatiooe fbrsystem olevow MW taab, ground st+wW tmb, booMer Matiow sad dittr6udw liaee, BACKGROUND TW item was included in the 1996 budp; This model will bdp tlk tuff evaluate fhatre *Mvemenq. It will be used to select Whnit:aliy feuy* sites for our Nero elevated storage tank in the southwestern part of town. E X i-i l B f T' A l' L Apenda No. Aflanda Item oate AGENCIES AFFZCM CitWw of DeMn, Denton Muakipal Udlitia, Mdm Jacobs do Fmklea. FISCAL QIQACT 630,000 is budSded is Aooount Number 6200:14163-'160241302 for thM pp/eoti Bodo dead shoot is attached. Paepned by : Submitted by t7etaW P. Qolpove. & lids* P.S. B*boa* Admi WWc Baecodve Director of Utilides Appmv ed by : i Howard I►tntin Dk*CW BwkneMNW OPeradM 13slddit I. Coal M U. Bodoet Dead Sheet t Agenda No. Agenda Item Dale PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT is made and entered into as of the day of , 1996, by and between the City of Denton, a laxas Munl Corporation, with its principal office at 215 E. McKinney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "OWNER") and Shimek, Jacobs & Finklea, a partnership, with its principal off!'ce at 8333 Douglas Avenue, 0820, Dallas, Dallas County, Texas, hereinafter called the ("CONSULTANT") acting herein, by and through their duly authorized representative. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: Hydraulic Analysis and Master Plan Report for the Water Distribution System. The Project shall include without limitation, (herein described Project) the Consultant providing hydraulic analysis and preparation of a Master Plan Report for the City of Denton's Water Distribution System. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following basic engineering services (including the preparation of detailed plans and specifications) in a professional manner: A. Convert the City of Denton's current water distribution system hydraulic model data set to the Cybernet hydraulic model, including both existing system and build-out scenario models. r i T Agenda No. Agenda Item Date T-~ ' B. Evaluate both the maximum hourly ane) minimum hourly demands based on: 1. Available water records provided by the City. 2. Current population estimates and projections provided by the City. 3. Existing and projected land use assumptions provided by the City. C. Update both the existing system model and the Master Plan model with the revised demands. Apply the hydraulic system demands based on existing and projected land use assumptions. D. Model all existing pump stations utilizing actual pump flow data or pump curves, where available from the City. E. Add existing water lines to the model at the City's direction and as required to properly evaluate both the existing and build-out scenarios. F. Prepare both an existing system and master plan hydraulic map showing the water system elements contained in the hydraulic model including: 1. Line sizes and numbers of critical lines. 2. Junction nodes and numbers. 3. Existing and recommended elevated and ground storage tanks. 4. Existing and recommended pump station layouts. G. The master plan map will be based on the electronic street map provided by the City of Denton. H. Evaluate and make recommendations for system improvements for both the existing system and the master plan. The evaluation shall include recommendations for: •Elevated Storage Tanks •Ground Storage Reservoirs sBooster Pump Stations *Pump Stations *Distribution Lines *System Improvements Required to implement Use of and/or Transmission of the Upper Trinity Water District Water Supply *Pressure Plane Boundary Adjustments 1. Assist the City with the determination of the best location of proposed elevated storage and analyze scenarios of various tank sites as directed by the City. J. Prepare and deliver ten copies of the existing conditions water distribution map to the City. PAGE 2 F hpenda No. ~ ~ Agenda Etem Date '~li:-ll(L K. Prepare and deliver ten copies of the projected buildout conditions water distribution map to the City. L. Prepare and deliver to the City, 25 copies of the water system master plan report including methodology of the analysis, recommendations, schedules, probable cost for system improvements, and computer analysis input and output data set printouts. M. Deliver to the City, AutoCAD drawing files of both the existing conditions and master plan water distribution systems containing the Cybernet data base attributes. The electronic files will be delivered to the City under the following conditions: 1. The files are compatible with AutoCAD Release-12 by Autodesk, and Cybernet Version 2.14 by Haestad Methods. The CONSULTANT does not make any warranty as to the compatibility of these files beyond the release of AutoCAD Release-12 or Cybernet Version 2.14. 2. Because data stored on electronic media can deteriorate undetected or be modified, it is agreed that CONSULTANT will not be held liable for completeness or correctness of electronic media after an acceptance period of thirty days after delivery of these files. 3. The electronic files are an instrument of CONSULTANT'S service. where a conflict exists between any hard copy drawings, data printouts and electronic files, the hard copy drawings and data printouts will govern in all cases. 4. Both parties acknowledge mutual non-exclusive ownership of the electronic files and each party may use, alter, modify or delete the files without consequence to the other party. 5. The electronic files provided by CONSULTANT to the City, do not contain engineers' seals, handwritten dates, nor signatures. N. Present the findings to the City staff, City Council and/or Public Utilities Board. MTICLE III ADDITIONAL SERVICES Additional Services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above described basic services, are described as follows: A. During the course of the project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation PAGE 3 a r' • Agenda Ho,~ Agenda Item Date ' ' Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT wi1Z assist OWNER personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. B. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. C. Sampling, testing or analysis beyond that specifically included in Basic services. D. ==copies of Computer Aided Drafting (CAD) electronic , drawings, or files for the OWNER's use in a future CAD system. E. Preparing applications and suortin documents for grants, loans, or planning advances and providing data overnmentfor detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. G. Providing geotechnical investigations for the site inr:luding soil borings, related analyses and recommendations. R. Preparation of fire flow contour maps of both the existing and master plan models. 1. Any additional services requested by the OWNER, not included in the provisions of Article II hereinabove. ARTI- LF IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT of this Agreement, and upon issuance of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and a~iy required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. PAGE 4 r Ag+:nda No. Agenda Item Date ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. t"Subcontract Exense" he CONSULTANT in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, and similar services. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay based on the Schedule of charges at the hourly rate shown in Exhibit A, which is attached hereto and made a part of ths agreement as if written word for word herein, a total fee not to exceed $30,000.00. Partial payments to the 0ONSULTANT will be made on the basis by the of detailed monthly staten.ents rendered to and approved however, OWNER through its City Manager or his designees; under no circumstances shall any monthly ed at statement for services exceed the value of the work performed the final time of statement is rendered. The OWNER may w the contract amount until completion of the project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the city Manager or his designee or which is not The submitted in compliance with the terms of this c ct. the City shall not be required to make any payments CONSULTANT when the CONSULTANT is in default under this contract. It is specifically understood and agreed that he CONSULT this shall not be authorized to undertake any work pursuant is b the OWNER agreement which expense oueorireimbursement abovee the maximum not for any charge, obtained written to exceed fee as stated without first having authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III, Additional Services, without obtaining prior authorization from the OWNER. C ADDITIONAL SERVICES 1. For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the PAGE 5 F r r Agenda No. Agenda Item Date Schedule of Charges at an hourly rate shown in Exhibit A. Payments for additional services shall be due and payable upon submission by the CONSULTANT and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. 2. For additional services as specified in Article III, Paragraph H., related to the fire flow contour maps of both the existing and master plan models, CONSULTANT'S billings shall not exceed $2,500.00. D. PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1$) per month from the said sixtieth (60th) day, and in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses and charges provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (11) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, Compensation. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants. { ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT'S subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER'S vise of these documents in other projects shall be at OWNER'S sole risk and expense. In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project. PAGE 6 F agenda No.~~ , ' Agenda Item Date ' ' ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shill indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the state of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employers, Liability insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. PAGE 7 v t 1 Agenda No Agenda Ittm Date E. The CONSULTANT shall furnish insurance cert ificates, or insurance policies at the OWNERFs request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies and shall contain a provision that such insurance shall not be canceled or modified without 30 days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE Xr ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party. S. This agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination. C. If the agreement is terminated prior to completion of the ser- vices to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within 30 days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination in accordance with Article V, Compensation. Should the OWNER subsequently contract with a new CONSULTANT for the continuation of services on the project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination but may maintain copies of such documents for its use. PAGE 8 r r Y mida No O/, agenda Item Date ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days mailing: TO CONSULTANT: To OWNER: Shimek, Jacobs 6 Finklea City of Denton Attn: Gary C. Hendricks, P.E. ATTN: Robert E. Nelson, P.E. 8333 Douglas Avenue, 1820 Title: Exec. Director of Utilities Dallas, Texas 75225 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days mailing. ARTICLE XV ENTIRE AGREEMENT exhibits c nstitut s the complete twelve and final~ expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. ARTIC- - r F m SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. PAGE 9 a Agenda Itam ARTICLE XVII Date COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the City of Denton, Texas. CONSULTANT shall promptly inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT •.r under its supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. PAGE 10 3 d 61da No. agenda Item Dare l ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A" (Shimek, Jacobs & Finklea Schedule of Charges, 1996). B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key person who will perform most of the work hereunder shall be Gary C. Hendricks, P.E. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of their firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, efficient manner; and, in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the project, including previous reports, any other data relative to the project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. 1 PAGE 11 a Agenda Item • 0aie~ IN WITNESS HEREOF, the City of Denton, Texas, OWNER, has caused this Agreement to be executed by its duly authorized city Manager, and CONSULTANT has executed this Agreement through its duly authorized partners on this the day of 1996. OWNER CITY OF DENTON, TEXAS Ted Benavides, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY f By w • CONSULTANT SHINEK, JACOBS & FINKLEA By: GARY C. HENDRICKS, P.E. PARTNER ATTEST: SHIXEK, JACOBS & FINKLEA By: JOHN W. BIRKHOFF, P.E. PARTNER r~~woocs~c~stowl+wt.c PAGE 12 f 5 x J f i ~EUGa tYO. 0 1luenda item EXHIBIT "All ;'-fe SHIMEK, JACOBS & FINKLEA SCHEDULE OF CHARGES 1996 Range, of Category Rate/Hour g WB U3.w $40.00 Drafter/Technician $25.00 55.00 Project Engineer $50.00 75.00 Project Manager/Principal Engineer $80.00 115.00 *Billable rates arc based on direct salary cost times a multiplier of 2.3. Range of billable rates adjusted annually. M multiplier of 1.10 will be applied to all subcontract expenses. A multiplier of 1.10 will be applied to all other direct non-labor expenses. *In-house computer time is billed at $25 per hour. *Expert witness time is billed at $150 per hour. •Plotting services: $5.00 per suet 02-Man Survey Crew billed at $80.00 per hour. C:%WPDOCS\XMXHMrr A ¢C Y F E:'\0PD0CS\0RD\ARIMAL.C0M Agenda Item .B S "y8.0. Date 17-16-96 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6-5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO EXPAND THE NUMBER OF MEMBERS ON THE ANIMAL SHELTER ADVISORY COMMITTEE FROM FIVE TO SEVEN; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to expand the Animal Shelter Advisory Committee from five to seven members; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 6-5 "Animal Shelter Advisory Committee-Creation" of the Code of Ordinances of the City of Denton is hereby amended to read as follows: Sec. 6-5. Animal Shelter Advisory Committee-Creation. (a) There is hereby established and created the Animal Shelter Advisory Committee to be composed of seven (7) members who shall meet the following qualifications: (1) One (1) licensed veterinarian; (2) One (1) City official; (3) One (1) person whose duties include the daily operation of an animal shelter; (4) One (1) representative of an animal welfare organization; and (5) Three (3) persons who are not involved by occupation or membership in any of the above categories. SECTION II. That save and except as amended hereby, all the sections, sentences, and clauses of Section 6-5 of the Code of Ordinances of the City of Denton, Texas shall remain in full force and effect. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR r a +:~enoa No. ~ AOenda Item Date ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: f j Page 2 E • 8:\WPD0CS\0RD\DATA.PR0 Agenda No._ 9G -D ~D Agenda Item P-S 2~V8.E Doti ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 82-09 TO EXPAND THE NUMBER OF MEMBERS ON THE DATA PROCESSING BOARD FROM FIVE TO SEVEN; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ' WHEREAS, the City Council deems it in the public interest to expand the Data Processing Board from five to seven members; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That Ordinance No. 82-09 is hereby amended to expand the number of members on the Data Processing Board from five to seven members. sections, sent ncesThat , andv clauses oft Ordinance amenhereby, ded 82-09 all remain in full force and effect. SECTION IU That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: s f C E:\YPD0CS\0RD\CA5LE.S0 Agenda No. 1i -D30 Agenda itern~~5~8 f^ Date ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8-130 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO EXPAND THE NUMB2R OF MEMBERS OF THE CABLE TV ADVISORY BOARD FROM FIVE TO SEVEN MEMBERS AND TO REDUCE THE TERMS OF SAID MEMBERS FROM THREE TO TWO YEARS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interast to expand the number of members of the Cable TV Advisory Board from five to seven members and to reduce the terms of each membor from three to two years; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i =110 _1, That subsection (b) of Section 8-130 "Aul.hority; Cable TV Advisory Board" of the Code of Ordinances of the City of Denton is hereby amended to read as follows: Sea. 8-130. Autborityi Cable TV Advisory Board. . .(b) A Cable TV Advisory Board consisting of seven who shall serve for two year terms which terms )shall ebe staggered, is hereby established. Each board member shall be appointed and shall serve at the pleasure of the Council. The board shall advise the City Council on its regulatory jurisdiction and shall have the following responsibilities and duties at the direction of the Council: (1) Resolving disputes or disagreements between sub- scribers and the grantee after an investigation, should the subscriber and the grantee not first be able to resolve their dispute or disagreement. The decision or findings may be appealed to the City Council; (2) Reviewing and auditing all reports and filings submitted to the City as required in this chapter and such other correspondence as may be submitted to the City concerning the operation of the cable television network, and reviewing the rules and regulations set by the grantee; and (3) Assuring that all tariffs, rates, and rules perti- nent to the operation of the cable system in the City are made available for inspection by the public at reasonable hours and upon reasonable requests. r ;,owa No. ; ~pOda item i l . Jate_-~-~=~ SECTION II. That save and except as amended hereby, all the sections, sentences, and clauses of Section 8-130 of the Code of Ordinances of the City of Denton, Texas shall remain in full force and effect. SECTION III That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTER, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Me ~~~~~GY' Page 2 a . pa R d t E:\WPD0CS\0RD\N0MINATE.MEN Agenda No. 7 ~C -030 Agenda Item Date ORDINANCE NO, AN ORDINANCE AMENDING ARTICLE III "BOARDS, COMMISSIONS AND COMMITTEES" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OIL DENTON BY ADDING SECTION 2-84 "NOMINATING AND APPOINTING MEMBERS TO CERTAIN BOARDS" TO PROVIDE THAT BOTH NOMINATIONS AND APPOINTMENTS TO THE PUBLIC UTILITY BOARD AND THE PARKS AND RECREATION BOARD WILL BE BY AN AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to require that appointments to the Public Utility Board and the Parks and Recreation Board should be made by an affirmative vote of four members of the City Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Article III "Boards, Commissions and Committees" of Chapter 2 "Administration" of the Code of Ordinances of the City of Denton is hereby amended by adding Section 2-83 "Nominating and Appointing Members to Certain Boards* which shall read as follows: Sec. 2-84. Nominating and Appointing Members to Certain Hoards. That all nominations and appointments to the Public Utility Board and the Parks and Recreation Board shall be by an affirmative vote of four members of the City Council. SECTION II. That save an] except as amended hereby, all the remaining sections, sentences, and clauses of Chapter 2 "Administration" of the Code of Ordinances of the City of Denton, Texas shall remain in full force and effect. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: a d G ~;yanoa NQ. Agenda Item C~ Oafe_ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: G Page 2 i 's F f' eAwpdoes\ord\silencer.crd Agands No. 9L • O,,{O Agenda Item fE'. S.A f/ Date ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN 0.069 ACRES OF LAND LOCATED IN THE J.W. CHEEK SURVEY, ABSTRACT NO. 324, OWNED BY SHERWOOD M. SPENCER, ET AL.; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF ACQUIRING SUCH PROPERTY FOR DRAINAGE IMPROVEMENTS ASSOCIATED WITH WALMART; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acquisition of a fee simple interest in the hereinafter described land for the public purpose of acquiring such property for drainage improvements associated with WalMart and that the City of Denton should acquire said property necessary for said purpose; and WHEREAS, the hereinafter described property is owned by Sherwood M. Spencer, et al.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That public necessity exists and public welfare and convenience require the acquisition of a fee simple interest in the hereinafter described land for the public purpose mentioned below. SECTION II, That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owners of said hereinafter described property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. SEC ION III. That in the event the offer as described in Section II is refused by the owners of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against Sherwood M. Spencer, et al. to acquire a fee simple interest in 0.069 acres of land located in the J.W. Cheek Survey, Abstract No. 324, for the public purpose of acquiring such property for drainage improvements associated with WalMart upon the land more particularly described as follows: Being a 0.069 acre tract of land situated in the J.W. Cheek Survey, Abstract No. 324, Denton County, Texas, being a portion of a tract of land conveyed to Sherwood M. Spencer, et al. Recorded in Volume 940, Page 574, Deed Records, Denton County, Texas and said 0.069 acre tract of land being more particularly described by metes and bounds as follows: 1 Agenda ND. ' Agenda Item . 0218 Commencing at a 2" steel pipe found at the southeast corner of a tract of land conveyed to Norman E. Brinker, recorded in Volume 3389, Page 348, Deed Records, Denton County, Texas. Thence North 050 55, 05" East along said Brinker tract a distance of 124.47 feet to the point of beginning. Thence North o° 55' 05" East continuing along said tract a distance of 80.00 feet to a railroad tie post. Thence South 690 06' 56" East a distance of 80.00 feet. Thence South 550 54' 04" West a distance of 91.81 feet to the point of beginning and containing 3008 square feet or 0.069 acres of land. SECTION IV That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is autho- rized and directed to join said parties as Defendants in said condemnation. SECTIQN V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: 1 JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _1w Page 2 J 1 A f i .14e11da NoC~( Agenda Item date. ~.1 .l PROPOSED DRAINAGE EASI6MENT BEING a Q,~ acre tract of land sits *W is the LW. Cheek Survey, Abehad No. 324, Denton CauuY, Texan, bating a portion of s but of land cats qW to Sbetwood M Spencer, Recotded in V*= W, Page 574, Deed Reoordk Datame County, Ton end said M aaro trot of land being more pattiaulwtly dea¢tibed by mantes and bounds as Wk ws: COMMZMCING at a 2" steel pipe fouaw at the sotdheast MM of it um of lad conveyed to Naxmaa E. &'iaW, recorded in Volume 3359, hp 348, D.R.D.C.T. TMCNCZ?4w605' SS' 05" Earl alosB wid BeiWw tray a aHrum of 124.47 feet to the POINT OF 11)CG1lyINlIIYG. TMOXX Not 0" SS' OS" Ewt coat6aalag along said tract a durance of 10.00 bet to a rdMW tie POK. TMMCZ South 69' 06' no am a aWfaooe of 80.00 fin. TKU*CZ South 55. 34'04" Woo a Mute of 91.81 ho to tW POINT OF 11119GIIWING and ooMaidoE 300` aqum bet or 0.069 acres of Led. 1 TOTAL P.02 ~tl~~d~ No. 4G - d 3 ~ Aoenda item Date- /C~- 9~ CITY COUNCIL REPORT FORMAT TO: Mayor Miller and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Emergency services Coordinator Resolution I RECOMMENDATION: Approve Resolution and appoint the Denton Fire Chief as the City of Denton Emergency Management Coordinator and delegate the Mayor's authority for execution of his Emergency Management Director's duties to the Fire Chief. SUMMARY: According to state law, City Code, and the City's Emergency Management Plan, the Mayor serves as the City's Emergency Management Director and assumes responsibility for the City's emergency management planning and operation. The Emergency Management Director (Mayor) may appoint an Emergency Manaysmert Coordinator to serve at his pleasure. The Mayor may delegate hie authority for the execution of his emergency management duties to the Emergency Management Coordinator. At this time, no person has been formally appointed by the mayor for this position. This resolution formally appoints the City of Denton Fire Chief as the Emergency Management Coordinator and officially delegates authority for the execution of the Mayor's emergency management duties to the Fire Chief. However, the Mayor retains the ultimate responsibility for the execution of these duties. BACKGROUND: In the immediate past, the Fire Chief has assumed these duties informally. Prior to that the City had a civilian Emergency Management Coordinator who worked in the Fire Department. However, that full time job was eliminated and the duties I w Agenda No~ Agenda Item transferred to the Fire Chief. Date PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All City Emargency Management programs. FISCAL IMPACT: None i RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared by: j Rose Chadwick Fire Chief 4 i E 1 E,\KPDOCS\RES\M..RM7fl.RES hj~Ell~,} IY ~.~/C i •J~-\' RESOLUTION NO. _ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING THE FIRE CHIEF AS THE EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY OF DENTON, TEXAS; AND DELEGATING DUTIES PURSUANT TO ORDINANCE. WHEREAS, the office of the Director of Emergency Management of the City of Denton, Texas is held by the Mayor, in accordance with state law and City Code; and WHEREAS, an Emergency Management Coordinator shall be appointed by and serve at the pleasure of the Emergency Management Director; and WHEREAS, the Director of the Office of Emergency Management is empowered to delegate authority for the execution of certain of his appointed duties to the Emergency Management Coordinator, and has indicated his desire to do so to the extent allowed by law; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ! SECTION I. That the Mayor appoints the Denton Fire Chief as the City's Emergency Management Coordinator, who shall assume the duties and responsibilities attendant with that office as set forth in the Code of Ordinances of the City of Denton, Texas. SECTION II. That the Mayor delegates the authority for the execution o: the duties of Emergency Management Director to the Emergency Management Coordinator, to the extent authorized by the Code of Ordinances of the City of Denton, Texas and state law. APPROVED AND ADOPTED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,_CiTY ATTORNEY { Agenda Item Date Chapter 9 EMERGENCY MANAGEMENTO r Art. 1, In General. 34 94-9.35 Art. 11. Regulations During Times of Crisis or Emergency, H 9.36-9.42 P ARTICLE 1. LY GENERAL P. Sec, 9.1. Director, coordinator, program manager. There is hereby created the office of emergency management director of the city which -hail tie held by the mayor in accordance with state law and pursuant to executive order. An emergency management coordinator shall be appointed by and serve at the pleasure of the director, in conjunction with the county. The selection process for the coordinator and his administration will be controlled by the city for purposes of continuity of management. The emergency management coordinator shall appoint an emergency management program man' tiger who shall be authorized to execute and perform all duties of the coordinator, as enumer• ated in this article. Such appointment shall be approved by the emergency management director and the coordinator, Should the mayor be unable to act, the mayor pro tempore shall assume all responsibilities outlined in this article. Code 1966, 17-1) State law reference-Declaration of local disaster. V.T.C.A., Government Code 11418.108. Sec. 9.2. Responsibility of director. The director of the office of emergency management shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. He may delegate authority for execution of these duties to the coordinator and program manager, but ultimate responsibility for such execution shall remain with the director. Code 1966. 4 7.Z 1 Sec. 9.3. Organization. The operational emergency management organization of the city shall consist of the 1k " officers and employees of the city so designated by the director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall 'Charter reference-Recognition of mayor relating to martial law, f 2.03. Cross references-Fire prevention generally, Ch. 11; police generslly, Ch. 23; flood prevention and protection. Ch. 30. State law reference-Authority of cities to form a local emergency management orga- nization, V,T.C.A., Government Code 3 418.001 et seq. 10 t F ~'S il♦ l Agenda No,/ Agenda Item ` i § 9.3 DENTON CODE t be distributed among such officers and employees in accordance with the terms of the emer• gency management plan. Code 1966. 3 7-31 Sec. 9.4. Powers and duties of director. z The duties and responsibilities of the emergency management director, which, with the exception of subsections 131, (4) and I6) of this section, may be carried out by the coordinator or program manager, shall include the following: 1, Conduct an ongoing survey of actual or potential hazards which threaten life and property within the city and an ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the 1xcurrence or reduce the impact of such hazards if a disaster did occur: ,2' Supervision of the development and approval of an emergency management plan for the city and recommend for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan; 13) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven t7) days except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly -.pith the city secretary; 4! Issuance of necessary proclamations, regulations or directives which are necessary for carryingout the purposes of this article. Such proclamations, regulations or directives 4 shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede. promptly filed with the city secretary; 51 Direction and control of the operations of the city emergency management organ"a- .ion as well as the training of emergency management personnel; 6, Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city; T, Maintenance of liaison with other municipal. county, district, state, regional or fed- eral emergency management organizations; 8, Marshalling of all necessary personnel, equipment or supplies from any department of the city to aid in carrying out the provisions of the emergency management plan; 9) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the :fate. and the drafting and execution, if deemed desirable, of an agreement with the .ounty in which the city is located and with other municipalities within the county, .or the countywide coordination of emergency management efforts; al v M F T, Ci 0? . da No.1 EMERGENCY .MANAGEMENT Agenda liem Date M Supervision of and final authorization for the procurement of all necessary supplies and equipment, including accLptance of private contributions that may be offered for the purpose of improving emergency management within the city; IV s Authorizing agreements. after approval by the city attorney, for use of private prop. erty for public shelter and other purposes; 12I Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for in this article; M Other requirements as speed in Texas Disaster Act of 1975, V.T.C.A., Government Code § 418.001 et seq. Code 1966, 17-4) State law reference-Declaration of local disaster. V.T.CA., Government Code* 418,108. Sec. 9.5. Emergency management plan. A comprehensive emergency management plan shall be developed and current state. The plan shall set forth the form of the or maintained in e divisions and functions. gaatsati°n, establish and designate assign responsibilities, tasks, duties and powers and designate officers and employees to carry out the provisions of this article. As provided by state 1Lw, the plan shall follow the standards and criteria established by the state division of emergency man. agement. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and have the effect of law during the time of a disaster. Code 1966. § 7.5) Sec. 9.6. Interjurisdlctional program. The mayor is hereby authorized to join with the county judge and the mayors of the other cities in the county in tie formation of an emergency management council for the county and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint emergency management coordinator, as wall as all powers necessary to participate in a countywide program of emergency management insofar as the program may affect the city. Code 1966, § 7.6) 14 Sec. 9.7. Override. At all times when the orders, rules and regulations made and promulgated pursuant to M this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. Code 1966. 3 7.71 32 r. Y F V .1 a,enda Ho. ` 4penda Item Dole r r r r r r r City of Denton Emergency Management Plan ~ Rsvissd Deanbor 20, 1993 n.:joma No.- ~ ' 4. Recovery: Agenda Item Date Z Short-term operations seek to restore vital services and provide for basic needs. Long-term activities focus on restoring the city to its normal, or improved, state of affairs. Provides the opportunity for mitigation. Examples include temporary housing and food, restoration of non- vital government services, debris remove, and reconstruction of damaged areas. V. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES: A. General: The Mayor is responsible for the City's emergency management planning and operations. Most of the City's Departments have emergency functions in addition to their normal duties. Each Department Director is responsible for developing and maintaining their own emergency management below procedures. section responsibilities under the Specific Taare sk Assignments as well as in individual annexes. Attachment 3 details how the City is organized for emergencies. Attachments 4 and 5 illustrate the functional' responsibilities and annex assignments, respectively. B. Organization: 1. Executive Group: The Mayor, members of the City council, the City Manager, members of the Executive Committee, and Department Directors as required. The Emergency Management Coordinator is included during times of emergency. i 2. Emergency Services: Those Departments which provide services required for an effective emergency management program. Such services include, but are not limited to: Fire, EMS, Police, Utilities, and Streets. C. Executive Group Responsibilities: 1. The Mayor is primarily responsible for: a. Directing the overall preparedness program b. Making emergency policy decisions C. Declaring a local state of disaster when necessary s ,j i IEnda two, Agenda Item Date i/ d• Implementing the emergency powers of local Fz government (See Section VI-c, Emergency Authority) ' e• Keeping the public and the Disaster District informed of the situation with the assistance of the Public Information Officer (p;O) f• Requesting outside assistance when necessary ' 2• The City Manager is responsible for: a• Assuring that all Departments develop, maintain, and exercise their respective service annexes to this plan b. Supporting the overall preparedness program in terms of its budgetary and organizational requirements C. Serving as controller of the Emergency Operations Center (EOC) during an activation d• Implementing the policies and decisions of the city Council e• Directing the emergency operational response of city services f. Prepare and maintain Annex N (EOC/Direction and Control) to this plan and supporting Standard operating Procedures (SDP's) 3. The Emergency Management Coordinator responsible for: (EMC) is a. Serving as staff advisor to the Mayor on emergency matters b. Coordinating the planning and preparedness activities of the City and maintenance of this plan C. Analyzing the emergency skills needed by City forces and arranging the training necessary to provide those skills d• Preparing and maintaining a resource inventory e f• • Ensuring the operational capability of the EOC Activating the EOC g. Keeping the City council apprised of the City's preparedness status and anticipated needs h• S Division of erving as day-to-day liaison with the State i. Maintaining aeliaison Mawith m other emergency response groups as well as private agencies J. Initiating and monitoring the increased readiness actions among the City's services when disaster threatens (Refer to Section VII, Increased Readiness conditions) 5 I a k . -h k. Preparing and maintaining Annex Trai ;aDenda itemni ng) to this lan and supporting SoP's °t 1. Maintaining the Crisis Relocation Plan (CRP) and the City's Community Shelter Plan (CSP) D. Emergency Services' Responsibilities: Aff"S" Toe 1. Warnina• Chief of Police a. Disseminate emergency public information as requested b. Receive and disseminate warning information to the public and key City officials c. Prepare and maintain Annex. A (warning) to this plan and supporting SOP's 2. Communications: Chief of Police a. Establish and maintain the emergency communication system b. Coordinate the use of all public and private communication systems during emergencies c. Manage and coordinate all emergency communication operations with the EOC once activated d. Prepare and maintain Annex B (Communications) to this plan and supporting SOP's 3. E-QC/Direction and Control: City Manager a. Direct and control the City's operating forces b. Maintain contact with supporting EOC's, neighboring jurisdictions, and the Disaster District's EOC C. Be able to convert the EOC space to an operating mode when necessary i d. Assign representatives by title to report to the EOC and develop procedures for crisis training e. Develop procedures for EOC activation and utilization f. Prepare and maintain Annex N (EOC/Direction and Control) and the supporting SOP's 4. Shelter/Mass-Care: American Red Cross a. Coordinate and maintain the City's Shelter Plan b. Supervise the Shelter Management program, i.e. stocking, marking, equipping, etc. C. Coordinate support with other agencies and groups 6 a d Agenda No. FULBRIGHT & JAWORSKI Agenda item-iS-'098 t- L. P. Date- 7 -/!a • 9(~ TCLC►HONC' 717/691.9ISI A ACGISTCACD LIMITCO LIAYILITY TAATNCASIiIP HOUSTON rACS1141LE: 713/631.3944 130! MCKINNEY. SUITE 5100 WASHINGTON. O.C. 4A7MLCCN R CLUSON HOUSTON, T9XA5 77010.3093 SAN ANTONIO PANTNCA DALLAS INTCANCT AOOACS3: NEW YORK K9LL130N0IUL4wI4NT.COM LOa ANOCLCS DIIICC7 DIAL: 713/6614610 LONWN MO" KONG July 5, 1996 Re: North Texas Higher Education Authority, Inc. Me. Kathy Dubose Executive Director of Finance City of Denton 215 E. McKinney Street Denton, Texas 76201 Dear Me. Dubose: We serve as bond counsel to the North Texas Higher Education Authority, Inc. (the "Authority'). The Authority is a non-profit corporation which the Cities of Arlington and Denton have asked to exercise the powers enumerated under Section 53.47 of the Texas Education Code. The directors of the Authority are appointed by the Cities and serve at their pleasure. Under Section 53.47, the Authority may issue revenue bonds or borrow money to provide funds for the purchase of student loans guaranteed under the provisions of the Higher Education Act of 1965, as amended. The Authority issued its first revenue bonds for such purpose in 1979 and most recently issued revenue bonds in March. These bonds have been approved by the Cities. Over the years as tax-exempt funding has become more scarce and more limited in use, the Authority has also borrowed under taxable lines of credit or credit agreements with various credit provider's. Currently, the Authority is seeking to add one or two additional lines of credit and to increase an existing line of credit. The Authority plans to use these credit arrangements when needed to purchase student loans. Although there is disagreement over the correct interpretation of Section 63.47 of the Texas Education Code on this point, we have advised the Authority that it would be prudent to obtain the Cities' approval of its taxable lines of credit and credit agreements. The attached resolution would do so. As is stated in the resolution itself, passage of this resolution by the City will not make the City liable for any of the obligations of the Authority, whether currently outstanding or issued in the future. As is further stated in the Resolution, 60MI 6434 E64 413 : 'ON 3NDHd '&10O '9300 N011UDIMa 2GHOIH WOdJJ Z d WdZT:ZT 966t'3 -rf I Ms. Kathy Dubose Agenda ho. 4 July b, 1998 Agenda item Page 2 Date the City is not assuming any responsibility in connection with the administration of the Authority's student loan program. Because of the uncertainty in the amount of taxable funding the Authority will need in the future, the proposed resolution does not specify an amount that is being approved. If the City would prefer to limit its approval, such a limitation can easily be incorporated into the resolution. Very truly yours, Kathleen R Ellison Enclosure cc: his. Kathryn Bryan own, 6L34 264 LT3 'ON St O 'd210) '00()5 N0I1bDfla3 ?13H7IH WOa~ £ d Wd£T:ZT 9661 '3 -inr r i F . E:\MPDOCS ~AdS\HIGH.ED Agenda Item Date.,--~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO TAXABLE BORROWINGS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE BORROWINGS AND THE USE OF THE PROCEEDS OF SUCH BORROWINGS; MKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Texas higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; and WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for in Section 53-47 of the Texas Education Code, as amended, for and on their behalf; and WHEREAS, pursuant to such request, the Authority has issued revenue bonds or otherwise borrowed money to obtain funds to purchase student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended; and WHEREAS, due to the scarcity of tax-exempt funds and restric- tions on their use, the Authority must enter into borrowings under taxable lines of credit and credit agreements to insure that it has sufficient funds for the purchase of student loans; and WHEREAS, the Authority requests that the City approve the Authority's entering into borrowings through taxable lines of credit and credit agreements, which may vary in principal amount from time to time (hereinafter called the "Borrowings"); and WHEREAS, the City wishes to approve the Borrowinge provided the City is not responsible in any way for such Borrowings; NOW, THEREFORE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I, That the City Council of the City of Denton, Texas, hereby approves the currently outstanding taxable Borrowings of the Authority in the amount of $49,700,000 and further approves the Authority's entering into additional taxable Borrowings for the purpose of purchasing student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended; provided, however, that the City of Denton, Texas shall never be responsible for the payment of principal or interest on such Borrowings of the Authority. e k C z "7 r c ~ Agenda Item Oale ~ 1=...C' SECTION II. That the City of Denton renews its request that the Authority exercise the powers enumerated and provided for in Section 53.47, Texas Education Code, as amended, and that s,ich non- profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53-47(e), Texas Education rode, as amended. SECTION III. That the City of Denton does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION IV. That further, it is recognized by the City of Denton that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically Ftate that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of the said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets, or money for the payment of any indebtedness or obligation of the Authority. SECTION V. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that public notice of the time, place, and purpose of said meeting was posted, as required by law. SECTION VI. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 I P]~ ROS F 4 6 Agenda No` Agenda Item c" Date - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ 17 j i j { s i i i i I Page 3 r1r r.( #F . F G L ~ Agenda No. } Agenda Item Dale Yl l~, -yr~ CERTIFICATE OF CITY SECRETARY STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § I, the undersigned, City Secretary of the City of Denton, Texas, do hereby certify the following: 1. "On the day of 1996, the City Council of the City of Denton, Texas convened in regular session at its regular meeting place at 215 East McKinney, Denton, Texas, with the duly constituted members of the City Council being as follows: I Jack Miller Mayor Euline Brock Councilmember, At-Large and Mayor Pro Tem Ronie Beasley Councilmember, At-Large Carl Young, Sr. Councilmember, District 1 Jeff Krueger Councilmember, District 2 David Biles Councilmember, District 3 Jerry Cott Councilmember, District 4 and all Directors were present at said meeting, except the following: Among other business considered at said meeting, the attached resolution, entitled: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO TAXABLE BORROWINGS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE BORROWINGS AND THE USE OF THE PROCEEDS OF SUCH BORROWINGS; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE was introduced and submitted to the Council for approval and passage. After presentation and due consideration of the resolu- tion, and upon a motion by seconded by , the resolution was duly passed and adopted by the City Council, to be effective immediately, by the following vote: voted "For" voted "Against" abstained all as stated in the official minutes of the city council for the meeting held on the aforesaid date." 2. The attached resolution is a true and correct copy of the original resolution on file in the official records of the City of Denton, Texas. The duly qualified and acting members of the City Council of the City of Denton, Texas, on the date of the aforesaid Council meeting are those persons above named; and according to the records of my office, each member of the City council was given advance notice of the time, place, and purpose of the meeting, and that said meeting and deliberation of the aforesaid public business T ; CS{ AY{ f S 7 agenda No ~ Agenda Item Date was open to the public, and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof, in compliance with the provisions of Chapter 551, Tex. Gov't Code. IN WITNESS THEREOF, I have hereunto signed my name officially and affixed the seal of said City, this day of , 1996. Jennifer Walters City Secretary City of Denton, Texas i r t F DATE: July 10, 1996 CITY COUNCIL REPORT Adendr No. ~G'O3Q Agenda Item jP.S~9.C. TO: Mayor and Members of the City Council pate 7-/!0' 9(0 FROM: Ted Benavides, City Manager SUBJECT: COMBINATION OF JUVENILE CRIME INTERAGENCY COALITION WITH JUVENILE DIVERSIONARY SERVICES OF DENTON, INC, RECOMMENDATION: Restructure Juvenile Diversionary Services of Dentor, Inc. to include the function of the Juvenile Crime Interagency Coalition. This will involve eliminating the Juvenile Crime Interagency Coalition and inviting many of its members to serve as Board Members of the Juvenile Diversionary Services of Denton, Inc. BACKGROUND. During the July 9, 1996 City Council Work Session, staff presented the above recommendation to the City Council. The City Council concurred with the recommendation and staff explained the steps needed to implement the change. First, the City Council would have to approve a resolution dissolving the Juvenile Crime Interagency Coalition and transferring its responsibilities to the Juvenile Diversionary Services of Denton, Inc. Secondly, Juvenile Diversionary Services of Denton, Inc. will amend its by-laws to reflect the additional responsibilities. SUMMARY: Juvenile Diversionary Services of Denton, Inc. would be expanded to include the following board structure: 1. Executive Committee - This committee is generally empowered to act for the full board in matters that require immediate action or do not involve major questions of policy or funding. The selected officers will serve on this committee along with a few other members of the board, some of whom may be chairs of other committees (See attachment ON, Organization Chart). 2. Finance Administration - This committee is usually headed by the treasurer. 11 is empowered to study and make recommendations regarding all financial procedures and controls, assist In the preparation of the budget, and review all financial statements. In addition, this committee develops personnel policies, recommends salary ranges to the board and addresses issues that relate to the staff and operation of the office. 3. Program Development - This committee is organized to review current program activities, review community needs and plan future programs. 4. Fund-ralsfng/Public Relations - This committee overseas the planning and coordination of fund-raising efforts, These efforts include annual fund-raising as well as researching various grant funding opportunities. In addition, this committee oversees the development and implementation of public relations efforts. r F Agenda No. ~ Agenda Item H Date 5. Nominating - This committee identifies, screens and recommends prospective board members. Members of this committee assist in the recruitment and orientation of new board members. Each of these committees will have a chairperson selected by the incoming president, who will serve as a member of the Executive Committee. The at-large board members will serve as committee members. All new board members will be asked to select a committee on which they wish to serve based on their interest, knowledge and availability. It has also been recommended that at least two (2) teens serve as advisory board members, Because the responsibilities of the Board of Directors are so varied, A Is necessary to recruit members with a variety of skills and areas of knowledge. Some of these areas include: ■ Nonprofit management • FinanciaUaccounting ■ Fund raising ■ Personnel management ■ Legal matters ■ Public relations ■ Juvenile issues In addition, board members must represent a variety of backgrounds as well as various segments of the community. This will include various minority and ethnic groups that will give the board a broad vision and understanding of the true meaning of community and public service. It has been suggested that in enlarging our board, we follow the outline recommended by the City Council it, forming the Juvenile Crime Interagency Coalition to ensure a true community representation. The total limit on the number of board members has been set at 23, with eight serving on the Executive Committee. In addition, there are four advisory (non-voting) board positions. The full board will meet on a quarterly basis, committees will meet as needed, and the executive committee will meet monthly. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Virtually all groups in the community involved In juvenile issues could be affected. The Municipal Court, juveniles, the Police Department, Denton Independent School District and some County Justice Courts will be most affected. rsek.` i! f a J~fP41 N1. A:cnda itEM Oafe ~ ~ FISCAL IMPACTS: There is no direct fiscal impact related to the above recommendation. However, our ability to obtain grant funding in the future may be affected. Respectfully submitted: I Ted Senavides City Manager Prepared by avian L. Jefferson Director of Fiscal 0 do s Approved by. os~ Kathy. uB e Executive erector of Finance i hs r rY t'a~~ ~Y F M r l Agenda No. Agenda Item Attachment "A" ORGANIZATION CHART j , I JUVENILE DIVERSIONARY SERVICES OF DENTON, INC. Organization Chart Presided c Exeoufve Cmnake NrhN Sendd Tow" E=ea6eDdedor Stalbasm (Sun Nbrr~berJ 'Rolm Rory '8alera Geary 'Peggy Fax %A Brinorgbe 6cart Wwanr 'AM c4bw 4kca lrlbaw P&Mwim m Vice Prnided S WY Treasurer Char Sul~Cam 4b0 Clair &At4mm" CAar So/-CmimN" ~ ry Bond 11 1 11 CMir SubC MMM" Chur SubCamelu Narmalrg Ca wdlee Program Devoopmmt Fund RsWq MW" FinsroWAdmW*vlon Public Relalom Naxe Nor Nmr Name Name Naar Nor Row SNds Sr~Camnlea Alrnls Sad CamnYM llodr SubC4rarNee llotls SrrD~mrrike llsarDer SrdLixnnpe MMda SidCamt«rN 11amDa Womr" llan/r Adnaory Bard 1AerriDer Mama Name Naar Nor Name Nor Nary Nanr Se8 Camrlee lknrber Sul CmaniMre Mends Srtl~amifee AkerDa Strl~armAe lMnDer SuD CorrrrteeAlao+~a SebCarmifee UerrAer SudCavrriMNAhnllr Teen Advisory BoaN Member o > CL Nary Nana Nana Name Nam Nan Nerve Nr c SuaCortmNee Mem/a SubCarmree Mem/er SuaCmrmlre Member SrebCanrrnfee Memla Sudcnnieee Memba Srdtanrrifee MerMa Sr b4r4fW #W March Tun A f, • Elucmive Cumminee Member J f n t 1 \"PDOCS\RSS\,1W . CRS 1 +genda No.~ Agenda Item Oata RESOLUTION NO. A RESOLUTION REPEALING RESOLUTION NO. R95-011 CREATING THE JUVENILE CRIME INTERAGENCY COALITION; TO DISSOLVE AND ELIMINATE THE COALI- TION, WHOSE FUNCTIONS WILL BE ASSUMED BY THE JUVENILE DIVERSIONARY SERVICES OF DENTON, INC.; AND PROVIDING FOR AN 13FFECTIVE DATE. WHEREAS, the City Council has been informed that the Juvenile Diversionary Services of Denton, Inc. would be restructured to include the functions of the Juvenile Crime Interagency Coalition, and the Juvenile Diversionary Services of Denton, Inc. will expand its Board of Directors and restructure to assume these functions; and WHEREAS, the City Council deems it in the public interest to repeal Resolution No. R95-011 and dissolve the Juvenile Crime Interagency Coalition; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECrIpN I. That Resolution No. R95-011 is hereby repealed and the Juvenile Crime Interagency Coalition is hereby sunsetted and dissolved, with its functions to be absorbed by the Juvenile Diversionary Services of Denton, Inc. SECTION II. That the City Secretary is hereby directed to send a true and correct copy of this resolution to the Board of Directors of the Juvenile Crime Interagency Coalition and the Juvenile Diversionary Services of Denton, Inc. SECTION III. That this resolution shall become effective i immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CCITY ATTORNEY BY: / I~I k Adrnda No, 9110.0.30 Agenda Item o&5 '0/0 BOARD/COMMISSION NOMINATIONS Dale 94:20 1996-97 AIRPORT ADVISORY BOARD P"LL CURRENT MEMBER NOMINATION TERM COUNCIL *7 John Dulemba Terry Garland 1994-96 Miller *3 Don Smith Ann Houston 1994-96 Biles *4 James Jamieson James Jamieson 1994-96 Cott *5 Jim Risser Jim Risser 1994-96 Beasley ANIXAL SHELTER ADVISORY BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL *2 Joella Orr Joella Orr 1994-96 Krueger BOARD OF ANTUSTNIff DIST CURRENT MEMBER NOMINATION TERM COUNCIL *5 Rebecca King Rebecca King 1994-96 Beasley 3 Bob Hagemann Greg Muirhead 1994-96 Biles *4 Joe Bendzick Joe Bendzick 1994-96 Cott *2 Larry Collister Larry Collister 1994-96 Krueger BUILDING CODS BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL *3 James Fykes (ALT) Bob Hagemann 1994-96 Biles *4 Byron Woods (ALT) Byron Woods 1994-96 Cott *5 Steve Kniatt Steve Kniatt 1994-96 Beasley *6 (Mary McCain) Mary McCain 1994-96 Brock (Architect) *7 Greg Muirhead Ken Dobias 1994-96 Miller * Individual nominated and approved No * Individual nominated but not approved No nomination [F r1 f, Agenda No. C c, Agenda Item ,I CABLE TV ADVISORY BOARD oate DIST CURRENT MEMBER NOMINATION TE) COUNCIL *5 Mark Burroughs Mark Burroughs 1993-96 Beasley 2 Richard Rodean 1993-96 Krueger CORKWITY DSVBLOPlM ADVISORY COMITTEE DIST CURRENT MEMBER NOMINATION TERM COUNCIL *5 Dorothy Martinez Jean Hinojosa 1994-96 Beasley *6 Peggy Fox Peggy Fox 1994-96 Brock *7 Jean Ellen Rogers Jean Ellen Rogers 1994-96 Miller 3 Larry Bailey Kimberly Franklin 1994-96 Biles *5 Ann Hatch Ann Hatch 1994-96 Beasley DATA PROCESSING ADVISORY BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL 2 Rosa Lawton Warren Searls 1994-96 Krueger 3 Bruce Mitchell 1994-96 Biles *4 Renae Seely Renae Seely 1994-96 Cott lZagErONN ADVISORY BOARD DIST TRENT MEMBER NOMINUM N UM COUNCIL 3 Geneva Berg George Goen 1994-96 Biles *4 Joanna Deonath Joanna Deonath 1994-96 Cott *5 Joy Williams Joy Williams 1994-96 Beasley *6 Michael Flanagan Michael Monticino 1994-96 Brock *7 Rahna Raney Bette Sherman 1994-96 Miller * Individual nominated and approved No * Individual nominated but not approved No nomination d a C_ Agenda No. Agenda Item SL-MICAL CODS HOARD DIST CURRENT MEMBER NOMINATION TER. IL 3 (John Hardinger) John Hardinger 1994-96 Biles (Master Electrician) 4 Don Fox 1994-96 Cott *1 Robert Hicks (ALT) Robert Hicks 1994-96 Young HISTORIC LANDMARK COUNISS10 DIET CURRENT MEMBER =4 AT N TERM CQ_ CIL 3 (Kenneth Morgan) Diane Ricks 1994-96 Biles (Real Property Owner) *7 Judy Cole Peggy Norton 1994-96 Miller 2 Jim Kirkpatrick Jim Kirkpatrick 1994-96 Krueger MZN SERVICES COMMITTBS DIST CUR. FXT MEMBER NOMINATION Um UNCIL *6 Pat Muro Fran Miller 1994-96 Brock *7 Diana Briggs Carol Brantley 1994-96 Miller 2 Kevin Miller Charles Saunders 1994-96 Krueger 4 Sandy Kristoferson 1994-96 Cott RSEP DAMON BEAUTIFUL BOAR DIET CURRENT EMBER NOMINATIO'd TERM COUNCIL *1 Mabel Devereaux Larry Mullen 1994-96 Young *6 Gayla Robles Gayla Robles 1994-96 Brock *7 Vera Laney Vera Laney 1994-96 Miller *3 Fjola Jeffries Fjola Jeffries 1994-96 Biles 4 Bill Watson _ 1994-96 Cott 2 Robert Gentile Mark Osborne 1995-97 Krueger (resignation) * Individual nominated and approved No * Individual nominated but not approved No nomination t Agenda Item Z ' r Date LIBRARY BOARD c~ DIST CURRENT MEMBER NOMINATION TERM COUNCIL *7 Kjell Johansen Kjell Johansen 1994-96 Miller *3 Kathy Pole Kathy Pole 1994-96 Biles *4 Ema Ruth Russell Ema Ruth Russell 1994-96 Cott PARKS AND RZCRZATION SOW D DIST CURRENT MEMBER NOMINATION TERM COUNCIL *7 Tom Judd Annie Burroughs 1994-96 Miller *2 Loyce Wilson Tom Reece 1994-96 Krueger RLANNING AND ZONING CONNISSION DIST CURRENT MEMBER NOMINATION TBR~ *3 Mike Cochran Carol Ann Ganzer 1994-96 Bile$ *5 Ellen Schertz Ellen Schertz 1994-96 Beasley *6 Katie Flemming Mike Cochran 1994-96 Brock i PLMMING AND XSCHANICAL CODE BOARD 2 CURRENT MEMBER NOMINATION TERM COUNCIL *5 Millard Heath Millard Reath 1994-96 Beasley (Mechanical Contractor) *6 Lee Capps Lee Capps 1994-96 Brock (Layman) 1 (Jeff Peploe) 1994-96 Young (Master Plumber) PUBLIC UTILITIES BOARD DI CURRENT MEMBER NOM INATION TER COUNCIL *5 Bill Giese Bill Giese 1992-96 Beasley * Individual nominated and approved No * Individual nominated but not approved No nomination PC! A 1~ Y r Agenda No. G Agenda Item SIGN BOARD OF APFBALS 6ate__ A CQ DIST -CURRENT MEMBER L14MINAT~QN TERM COUNCIL *1 Spencer Washington Slick Smith 1994-96 Young 3 Ann Houston (ALT) 1994-96 Biles *7 Mike Wiebe Mike Wiebe 1994-96 Miller TRAFFIC SAFETY COMMISSION DIET CLMRENT MEMBER NOMINATION TERM COUNCIL *6 Greg Sawko Greg Sawko 1994-96 Brock 1 Kathy Devine Fred Hill 1994-96 Young *2 Derrick Hartsfield Derrick Har Lsfield 2999-96 Krueger 3 Mark Coomes 1994-96 Biles *4 Larry Luce Larry Luce 1994-96 Cott CIVIL SSRVICB C9MISSTON SEAT CURRENT M•MB.R NOMINATION TERM *2 Dennis Stephens Dennis Stephens 1993-96 City Mgr. DIM= HOUSING AUTHOtZM SEAT CURRENT MEMBER NOMINATION TERM *1 Tony Soto Tony Soto 1994-96 Mayor *2 Bob Crouch Bob Crouch 1994-96 Mayor BOARD OF DI RC R8 SEAT CURRENT MEMBER NOMINATION TERM AC*00128 Tom Harpool George Hopkins 1994-96 Council * Individual nominated and approved No * Individual nominated but not approved No nomination a rrt ,i Awde Ne,D p~ Agenda )tem_,W,_ Date *7 - 16 - 9ep i CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76M1 • TELEPHONE 817 588.8307 Olftce of the City Manager c r MEMORANDUM i i TO: Ted Benavides, City Manager FROM: Betty Williams, Executive Secretary DATE: July 16, 1996 i SUBJECT: Wall of Honor According to the established procedure, letters commending city employees for quality service which are displayed on the Wall of Honor were replaced on July 5, 1996. Attached are copies of new letters which will be exhibited for the next three months. The letters taken down will be placed in a scrapbook which is maintained by the City Manager's Office. We wish to extend our congratulations to each of these employees on their excellent efforts to serve the citizens of Denton. _Q6 ry BettyWilliam Executive Secretary AMMOD6DA t 'Dedicated to Quality Service" l ,1 } Agenda No. 0 Agenda If em WALL OF HONOR Date ' JULY 16, 1996 Laurie Pearson, Sanitarian, Consumer Health Judie Talbot, Sanitarian, Consumer Health Rodney Patterson, Health Inspector Sonny Truitt, Maintenance Worker I, Water & Sewer Field Services David Scott, Maintenance Worker I, Water & Sewer Field Services Sergeant Scott Jenkins, Police Department Officer John Cabrales, Police Department K9 Officer Rusty Foster & Ciro, Police Department Stephanie Ford, Executive Secretary, Legal Tim Hill, Animal Control Officer Ron Rais, Code Enforcement Officer Myra Anderson, Recreation Center Supervisor, Parks & Recreation Mike Perkins, Commercial Solid Waste Supervisor Dean Hartley, Facilities Management Supervisor Mike Cagle, Facilities Management Technician Lee Riggs, Facilities Management Technician Ernesto Garza, Maintenance Technician, Traffic Rick Villagomez, Maintenance Technician, Traffic Manual Perez, Residential Driver, Solid Waste Demetrius Love, Maintenance Worker I, Solid Waste Steven Simon, Maintenance Worker I, Solid Waste Jerry Clark, Director of Engineering/Transportation Stanja Hurley, Senior Customer Service Representative Bob Tickner, Superintendent, Parks & Recreation Johnna Shelton, Deputy Court Clerk, Municipal Court Donna Rowbotham, Deputy Court Clerk, Municipal Court Jason Turner, Training/Safety Coordinator, Utilities Ralph Klinke, Superintendent, Electric Distribution Owen Yost, Urban Planning, Planning & Development Mike Gorder, Lineman, Electric Distribution James Bezy, Lineman, Electric Distribution Bill Brown, Superintendent, Water & Sewer Field Services Dan Kirkle, Water Meter Mechanic II, Water Meter Shop Frank Robbins, Director of Planning & Development Donna Bateman, Planning Technician, Planning & Development Rick Svehla, Deputy City Manager Christian Ford, Animal Control Officer Susan Bradley, Animal Control Officer James Thomason, Division Commander, Fire Department Charles Howell, Firefighter f 1 M S A~tnja Ka~ Page 2 A~anda Item - Dite Mark Hall, Firefighter Adan Perez, Residential Driver, Solid Waste Royce Clark, Relief Driver, Solid Waste Hector Zumalacarregui, Maintenance Worker I, Solid Waste Lawanna L.ennington, Customer Service Supervisor Roger Wilkinson, Engineering Technician Supervisor i i f E Agenda No. r. C Agenda item Date- Cry Dear City of Denton, Each month I am paid on the 20th so I am unable to pay my bill until then. 1 would like to thank you for your understanding on this matter. In the past I telephoned you with the request that my date be changed. I was informed that, while a date change was impossible, I could just pay my bill a few days late each month and It would not create a problem. I appreciate your understanding and the fact that it will not affect my good standing as a customer. It Is wonderful to know that, as a resident of Denton, I receive such wor.4erful service. Very seldom do I ever have any problem with my utility servim. Thank you also for that. Sincerefy, Teresa Starrett i { I~ AgenAltem Agen Dal'l Ael 7e' -or 1-51 urn / 'Ice n //f c.!..G .cvar,~LJ ~ Lev G~~ ~c~x -7 r i i ~ kPal Agenda NoAgda Hem DateBox 211 KRUM TX 16219 Phone(817)482.3491 January 28, 1996 Bill Brown City of Denton 216 E McKinney St. Denton, Texas 76201 RE: Assistance in locating water leak Dear Sir: Just a note of sincere thanks for your generosity in sending one of your employees to assist me in locating a water leak we had under concrete pavement. This assistance saved us much time in making the repairs. Also, I want to commend your employee, Don Kirkle, for the diligence and punctuality he showed. Not only did he attempt to locate the leak at the appointed time without sucess, he came back in the wee hours of the morning when the circumstances were more favorable, and sucessfully gave us a near perfect location of the leak. This type of dedication I know you appreciate as much as I do. Thanks again for your assistance. Sincerely, Conrad Shifflett Utilty Director ' FER 9 1996 Gist r !E IS Agenda No. Agenda Item National Processing Service Center Date l'- Employee Association Committee P O Box 90215 Denton, TX 76202 January 30, 1996 City of Denton Customer Service Dept. 215 R. McKinney Denton, TX 76201 Dear Customer Servicer The recent government shut-down has affected our employees in many areas. The assistance received from your facility was truly needed and appreciated. On behalf of the FEMA/NPSC employee's we would like to may •Thank You*. Your assistance in extending or allowing us to make particle payments on their utility bills was truly a blessing in time of great need. Sincerely, Robert Hinkle President Employee Association l S erri Brads aw Treasurer Employee Association I r } Agenda No. ~ to ` > Agenda Item i Data i' 14 d J o - 3 Y~ ~ .te- ,ate-Liu,... ~,`'.L✓~v~- a~ t~._ ~c,~,~.,~ Agenda No. Agenda ltem r iirwr_ i•~~_ yy ~w Da- E , 4A --A f FEB p 91996. } . I cs„ w n Oar I')L 4i~ a vfl, HORNE PROPERTIES endaNoO , XA ' Qmii -1 412 Executive Tower Drive Suite 205 Knoxville, TN 37923 (42394 - x ` P.O. NIX 31769 Knoxville, TN 37930.1769 FAX (423) 531.3632 February 1, 1996 Rick Svehla Jerry Clark Roger Wilkinson City of Denton 215 E. McKinney Denton, TX 76201 RE: Denton, Texas Gentlemen: We here at Horne Properties want to give you our sincere thanks for both working with us in connection with the Lowe's transaction and taking extraordinary steps to meet our timetables. We sincerely appreciate it and welcome an approach such as yours, which in the long run will prove extremely beneficial to your community, In our business we have dealt with many different communities, and it is always refreshing to find people who try to help the process instead of hinder it. Again, thanks. Very truly yours, Robert S. Talbott Executive Vice President RST:prf cc: Rick Presley r F Agenda No. Agenda Item _ Dolt ~1 1 ~-ire.. 1- , et4 ~r ~i~~ l~r L~ C~ jtuu .-2b •-~n~ u~ , Agenda No.~ Agenda Item Date r ~~2!/ylu~iYSC.~ mot. _ , , ~71 L l C-CC U~' Oy, i` F AECEIVEO Agenda rfo Agenda Item - - AVeA Date L American Public Power Association Mr MsrrmN.W. Vhsh r 9ton. 0. C. 200,17 -1681 207,167-2900 February 15, 1998 2n2~e7 z9io Ra~1 • Mr. Robert E. Nelson w Executive Director Denton Municipal Utilites 901-A Texas r Denton, TX 76201 Dear Mr. Nelson: On behalf of the American Public Power Association's Engineering & Operations Section, 1 request your approval for Jason Turner of your staff to serve as a committee officer of the APPA Safety Committee. Mr. Turner was recommended for this position by the current committee officers because of his interest, experience, and dedication to committee activities. Participation as a committee officer is normally a two-year commitment and begins with the APPA Engineering & Operations Workshop in the spring. The new officer will serve as vice chair of the committee for the first year, in this case 1996, and chair for the second year, 1997. In addition Y to any special projects and duties created by the commutes itself, the responsibilities generally are as follows: s Attendance at three meetings per year, First, an E&O Section Committee Meeting in June orJuly; second, an E&O Workshop Planning Meeting In September or October; and third, the E&O Workshop, which generally takes place in March or April. ,r I Availability to answer questions and offer advice to APPA staff on issues within the committee's scope of activities. I Occasional logistical support to the committee, such as preparation of meeting minutes and committee mailings. 1 feel strongly that Mr. urner will be a valued officer for APPA and the contribution of his experience and expertise to this committee can be of significant benefit to all our metph a nest meets with your approval, please respond accordingly in writing by February 29, 1996. Thank you for your consideration. Sincerely Bill Wemhoff Regulatory and Technical a s BW/ja cc: Jason Turner Dave Holloway Gayle Mayo Johnnie Wilkerson Sue Napper t M.C43~ i LIR • Agenda No. Agenda Item. r , Date F EB 27 7996 U -J CITY C MMA A3ERS OfF~CDE i Animal Control Center 300 S. Woodrow Lane Denton. Texas 76205 i 18 February 1996 To: Animal Control Officer Supervisor On Wednesday 7 February 1996, our cat became caught in the engine of my car. After calling Animal Control, Officers Chris Ford and Susan Bradley responded in a very short time. I was kept informed of what they were having to do and that it was possible the cat could be hurt, possibly severely. Instead the cat was safely removed, carefully carried into our home, and checked over for injuries. The cat is fine, and we are very grateful to these two officers. Mr. Ford and Ms. Bradley handled themselves and the situation very professionally, and we appreciate the fob they did. i Sincerely, TiNawt0.~s' Cynt is Thomas e 3 RICKA" V CK E GGAWMX f~ ACen6a item 1413.NichiafStreet pace } 'Dentore, Texas 76205 (817) 382-0779 D~@ February 22, 1996 3 David Ayres, Traffic Manager City of Denton 221 !V. Elm Street Denton, Texas 76201 • Dear Mr. Ayres: I would like to thank you for your assistance on the traffic problems in m neighborhood. y Your immediate attention was greatly appreciated and the sign is beginning to work. I also want to thank you for your assistance in correcting the pedestrian button on the square. It took some doing and some persistence, but together we got the job done. I wish you the best in all your endeavors. Sincerely, ///1 - u~(i(,cl.Y ckie A. Clanton JAC/ths ~t2Nje6TO ~A~rA d- Rtck l/1~~r4Gor~fEL IN:,rAu,ea A Rr4HT -fWJq ©r(c.y 314N AND PA1E6rfNT ,MAC JNS -ro p641EDy THE sm)A77014 14 -rH4C CCAf4T40N1S f4clo ooCyc4o t to Ageiq AgeD at, II~I~ M American PON Power Association ^101 M Simet N W. Aixhoalon, D.C.20W-?484 20?' 167.2997 February 26, 1996 m2 ,^to(fit) s Robert E. Nelson j Executive Director Denton Municipal Utilities 215 E, McKinney Denton, TX 96201 i Dear Mr. Nelson: On behalf of the American PuNic Power As%ociation's Fngineering & OperationfSection, I request your approval for Ralph Klinke of your staff to serve as a committee officer of the APPA Tran amiss{on & Distribution Committee. Mr. Klinke was recommended for this position by the current committee officers because of his interest, experience, and dedication to committee activities. Participation as a committee officer is normally a two-year cemmtrn,Pnt and begins with thc,APPA Engineering & One rations orksho in the aprigg. The new officer will serve as ' vice chair of the committee for the first year, in this case 1996, and chair for the second ar 99 . In addition to any special projects and duties created by the committee itse f, t et e ree"nsibilides generally are as follows: I Attendance at three meetings per year. First, an E&O Section Committee Meeting in June or july; second, an E&O Workshop Planning Meeting in September or October; and third, the E&O Workshop, which generally takes place in March or April. 1 I Availability to answer questions and offer advice to APPA staff on issues within the committee's scope of activities. if Occasional logistical support to the committee, such as preparation of meeting minutes and committee mailings. I feel strongly that Mr. Klinke will be a valued officer for APPA and the contribution of his experience and expertise to this c,)mmittec can be of significant benefit to all our members. If this request meets with your approval, please respond accordingly in writing by March 11, 1996. Thank you for your consideration. 5WBill Wemhoff Regulatory and Technical a 1 BW/ja cc: Ralph Klinke Dave Holloway Gayle Mayo Morris Williams Bill Burks t Agenda Ne Agenda lie -f Date ` _ 1413 Wichia(Street Denton, 7cXar 76205 (817) 382-0779 March 6, 1996 Denton City Manager City of Denton 315 E. McKinney Denton, Texas 76201 Dear City Manager: I would like to extend my appreciation to two employees that work for the City of Denton and that assisted in curing a traffic problem in my neighborhood. I contacted the traffic safety office regarding the need for a right turn only arrow and sign at the intersection of McCormick Street and I-35. Your employees, Ernesto Garza and Rick Villagomez were very prompt in responding to that request and in installing the sign and arrow. They had them installed within 24 hours of my request! I am glad to know that Denton's public servants respond so promptly and efficiently when called upon. Again, my sincerest thanks to the City of Denton, Mr. Garza and Mr. Villagomez. Sincerely, dat Jackie A. Clanton JAC/ths J i Agin 'a No. > > ~ 1 soenOa Item ~r Date "We Know the Ropes":.r March 11, 1996 Donna Bateman, City of Denton, Texas, City Hall West, 221 N. Elm, Denton, TX 76201 Dear Donna, i Thank you very much for coming out the other day and helping clear up the. sign issue we have been dealing with. You and Frank have been very patient with me and 1 really do appreciate you working with us. Please let us know if we can do anything for you, we would be more than happy to help out. Sincerely, COLE SMITH General Manager r> 4 k { a . I-.35 35 d Ropers Road Den'on, America (Texas) 76207.1531 800-433-5558 * 817-387-6772 a Fax 817-565.6232 I V Agenda No. Agenda Item, WOLFE, CLARK, HENDERSON & TIDWELL, LLFF' ATTORNEYS A COUNSELORS SMtES E.IffADER50N 119061991) 123 N. CROCKE7T STREET, SUITE 100 fosm W. Main *1W&M R. 8 RN'A%T 11919.109) SIUAMAN, TEXAS 7"" MW CLARX (903) M&M3 rAKs COUTY 1U NDERSON (903) 892.2397 (FAX) m1unCT=wm March 120 1996 Mr. Herbert Prouty City Attorney City of Denton 215 E. McKinney Denton, TX 76201 Dear Mr. Prouty: I would like to offer a commendation regarding Stephanie Ford. Competent and capable people who follow through on their work assignments are a rare commodity in today's labor force. My experience in dealing with Stephanie has been one in which I have been very impressed with her thoroughness and her responsiveness. In many instances Stephanie's "extra effort" has been very helpful to me. My experience has been that Stephanie is someone that, when requested to perform a task, I can count on it being done correctly and in a timely manner. There have been many instances in which I have called for information, or asked Stephanie for assistance in getting documents filed. She has always responded with cooperation and a friendly and professional attitude. I am sure you know that you are fortunate to have someone with Stephanie's ability and dedication working for you, but I would like to commend and recognize Stephanie for her friendly attitude and competency in perfurming her duties. These days it is very seldom that I work with people who have a good attitude. Stephanie ranks high among the few who show an interest in the performance of their work. Very truly yours, Sandi Williams Legal Assistant to Ron Clark rjECEIVED ~sw MAR 13 6% cc: Stephanie Ford CITY OF DENTON~ .L9EGAL, DEPT. A r Y I, Keep Denton Beautiful, Inc. P.O. Box 374 • Denton, Texas 7!f • 7-566-8537 Agenda No. March 13, 1996 Agenda Item n Rick Svebla Date L- Acting City Manager 215 E. McKinney Denton, Texas 76201 Dear Mr. Svehta: RE: Denton Redbud Days On behalf of Keep Denton Beautiful, we would like to commend several city ei ployees and their departments for their contribution to the success of Dcnton Redbud Days. We realize that the event would not have been possible without the partnership of numerous local organizations and city departments. Denton Redbud Days attendance tripled this year to ever 1,500. We attracted Denton and Denton County residents and also had a number of visitors from other Texas cities and other states. The media coverage included local spots in the Denton Record-Chronicle, the NT Daily, and T U uL plus a feature article In Neil Snem's Gardening magazine, a listing in Texas Highway, magazine, an article in the Dallas Morning News and several listings in the Morning News weekend magazine. In addition, the event was publicized on several Dallas radio stations including WBAP and KRLD. In 1947, we will celebrate the 60th anniversary of Dr. Hubbard's vision of Denton as the Redbud Capital of Texas. The tentative date is March 8, 1997. The City of Demon Parks and Recreation Department has been a major contributor to the success of this event. The Denton Civic Center and Civic Center Park provide the ideal location by providing access to both indoor and outdoor facilities. Myra Anderson provided us with expertise on organizing an event, provided logistical guidance, organized entertainment, and mad: several important community contacts for the event. We sincerely appreciate the support of the Parks DeWm,.-nt and especially the hard work and dedication of Myra Anderson. Mike Perkins from Commercial Solid Waste volunteered his services to work with the Redbud Romp. He assisted in the layout of the 5K route and the placement and collection of traffic cones along the route. The runners have praised us for our route layout, and we could not have done it without Mike. On Friday, Much 8, 1996 Facilities Management rescued us by making two plaque holders. We discovered that two of the garden club markers on the Courthouse lawn were missing. The District It Garden Club Arbor Day Redbud planting on the Courthouse lawn is part of our annual activities. We would like to commend Dean Hartley, Lee Riggs, and Mike Cagle for their rescue efforts. I would also like to recognize Janay Pollock who volunteered numerous hours is the main contact for the event. Vicki May donated her time and energy to organize the Redbud Romp. Sherrill Campbell volunteered for several tasks on Saturday including data entry and photographer. We appreciate the support of the City of Denton for this community even u C@~nn~~~ Sincerely, 1'- MAR 1b 1996 William E. Watson, III __Sr- _.h~ ITMC1 AT NUF fl J2_. t £F~ .--~9 ..Pt ~4 President cc: Betty McKean Bob Nelson Ed Hodney Frank Robbins a F Agenda Noh-T'- Agen a IteWOLFS, CLARK, HENDERSON & TIDWELL, L L• ' ATTORNEYS 6 COUNSELORS w wotFE lA~SESE IfE.v'UEHSOV)19067991) 123 N. CROCKEfT ST'REEF, SU17E I0o KKEM 'A IUJAM R. BAYA"0019.1079) SHERMAN, TEXAS 75090 l~Ey CYJRIPY III~7 N CLARK (403) (903) 892-.2397 2341 (FAX) IAMEs C. nDWELI March 22, 1996 Mr. Rick Svehla Deputy City Manager City of Denton 215 E. McKinney Denton, TX 76201 Re: Iwuchukwu v. City of Denton and Jerry Clark Cause No 94 20558-158 Dear Mr. Svehla: i would like to commend Jerry Clark for his hard work and the assistance he gave me in preparing and presenting the case against Mr. iwuchukwu. As you know, Mr. Clark has been involved in the defense of this case since 1991 when the first E.E.O.C. claim was deposed h twice dand then review was thousands of triaiuments. He wafilsed. He Even when the strain on Mr. Clark was increased by being sued personally, his sense of humor and his determination to prevail did not falter. Mr. Clark's professional and calm demeanor in this testimony before the jury, and his obvious command of the engineering and personnel issues involved, convinced the jury that Mr. Iwuchukwu's case was groundless. I appreciate having had the opportunity to work with such a professional and devoted employee. Very truly yours, Ron Clark RC/sw t rK c "47 D ~ { err. hcs>~/ A, 4- MAE- Agenda No. Agenda Item f/ , Date. r~' i i tOW~DetionSm~ CN 30 D04Tx ~s2ot-2es2 nn. Agenda No. 9 Gtr .~2.',stt Agenda Item- 1_` Tx 7(0 2a/ Date !mow Ger d act Q wn-d vd L~4 t k of"n , &kj C yrtA Idlees aM1 c~ufz C,;u~ 4'' /~1et2I ll.. 2>//f~'d /LG~+s2L~ ~Qo~ LGK.I.I< ~Cw.Z` ~,u~1-C. h llLl2~ ~ ~lvD ~'~Gi'r1.. f22t, 1b ~ rte ~ZBuI ~ '~1~ Ac- Ate, . ~CGsr.C- ~ree~w ~i .s2~i tLrc~ ice .1nQysc lvt~, a~.c~.J ~Gw ~Yt.et-~/ ~ fuca.~ •~j G%~R~-sc-~i ~dtsc,t~Jt.L ~,~~,d~t~ e,! . Z~tt~sc~ ~ Lt.C~, c~f/yt,7) iccc 2~ ~v G~' f,~ !uL C',Gc,.,, 4L 4,m- 446-C c"AC4 1~4 a4k k l Cc fuel - 44AI510L. 0& ~7've4 nut, K14-L 4, J T2ctb Cue fin, ~ZCCCoswt~ fZtrv A+O'O;---~ P S ~ /jj2¢yt~ /lY1il ~ ~vG! f' d1 lGo , ` , f{l Y, A Agenda ND. ^ Q 0 Agenda Item Date_ 7~ a P Vk ~L 00~ /`ca~rQ ~ ~ w,~~ ~.eop-2Q w~-~~-o a.4Q y-G,.Q•Le awe ,Q•~.:~v_ F r.~ Agenda No. Agenda Item - Date_``l- /w^ ~a Wit, 00, ,r M. AllS F S Agenda No. Agenda Item 1-9 Date 10 i 4 s Agenda No. Agenda Item Date -F~- 9.9 4 ~4 K! Joao A 71aMAD D.nen, t17820 ae:a i 9seo t~ w fAy M ai P f' I ' Agenda No. To: Chief Jez * Agenda Item Lieutenant Summers Data Sergeant White Sergeant Bums ; Denton Police Department 12 April 1996 Dear Sirs, We, the residents of Joshua Street, are writing to express our thanks and appreciation for the actions and professional conduct of Detectives John Cabrales, Sergeant Scott Jenkins, K9 Officer Rusty Foster and Ciro, the dog. We originally notified Detective Cabrales and Sergeant Jenkins of our concern that there were people selling drugs in our neighborhood. One individual in particular made many of us feel afraid and intimidated. In addition, the peopla in this house owned many dogs (including a pit bull) that they would constantly let loose to run free in the neighborbood-a neighborhood that contains many small children. Collectively and individually we felt powerless to do anything to solve these problems, and fearful of our safety and property if we did. In an effort to try and eliminate this frustration we held a neighborhood meeting that both officers attended. They listened attentively to our concerns and fears, offered both positive interest and feedback, and provided suggestions for us to fellow in order to solve this problem. They conducted themselves in a very professional and friendly manner, and made us feel less afraid and more sure of our decision to stop this from continuing on our street Then, on the night of February 13, after a tip that the person suspected of selling drugs (and who we later discovered had warrants for his arrest in another county) had been seen in the neighborhood, Detective Cabrales, Sergeant Jenkins, Officer Foster and Ciro came to 225 Joshua Street and arrested the two adult occupants. In the house they found both marijuana and methamphetamine, as well as the paraphernalia associated with the possession of these drugs. We cannot express to you what a sense of relief and satisfaction the work of these men has given us. We were afraid and thought we were powerless, but these men proved to us that cur concern for our neighborhood could pay off. In less than two weeks from the date of our first meeting these men had helped us eliminate a problem that had plagued us for two years. These officers showed us that the Denton Police Department is committed to the safety and welfare of its citizens, but equally, if not more importantly, they taught us that concerned citizens .an work with the Police to make a big difference in the community. 17terefore, we publicly wish to ecognize and thank Detective John Cabrales, Sergeant Scott Jenkins, K9 Officer Rusty Foster, and Ciro for their professionalism, their concern, and their courteous and friendly conduct They are an asset to the Denton Police Department and should be recognized and commended for their actions. We would also wish that if the Department has an official means of recognition that these men receive it Thank you for your time and attention to this matter. Sincerely, T'ha Residents of Joshua Strer:t w,;e~tda Nu. ~ Agonda} Item Oate ........:.w.~w«~~a~4996YNrsilcKa~wiws.xRv.3.stiw ~.ra- 1 - Gc1,T Lcti~~-Q 73 Ati~ 7 - a qv 330,, OA S yam , ~f ~c E iyrj t I R E No. Agenda Agenda ite m -71 Na R Date , o Gay Bl lalock 4 440 2500 Liberty Ln. ~4O1~~LO9 Denton, TX 76201 4/24/96 City of Denton Animal Control Service Supervisor 300 S. Woodrow Ln. Denton, TX 76205 Dear Animal Control Service Supervisor, I wish to express in writing how pleased I am with Animal Control Officer, Tim Hill. Tim promptly responded to a call I made after my son was bitten by a neighbor's dog. Luckily the bite was minor. I was very concerned about the health of the dog though. Tim courteously answered all my questions. Since the dog needed to be quarantined, I was concerned my neighbor would end up being my enemy if I or the Animal Control Officer came across in a negative way when communicating the requirement of a quarantine after a dog bites. My fears went away as Tim eloquently explained the quarantine to my neighbor. Tim was very kind and reassuring to my neighbor and to me. h,Special ~~thanks goes to Timl Gay B1 lock Y F t, 170 Is ,09 136 I' 0A at+~~~~'y o6 of colt r~o~» Ayr fry w~~► COW Of of Isle" how /~e~«..+y~~n Kd~s `F ~t ~ rN~ l6 v t i w~ ~OVa~ A sa., s wf// ~s c t s/~ ilrwt• •~AiMWeRk« t~ ~~a rarl~ Ror+ ~ ~~~I~.D ex CL fD GI V J 3 0 1 1~ 2 A, 'genda No. `E Benda Item e Oa A 1 ONY TEXAS r CITY BY THE LAKE J May 1, 1996 Bob Castleberry Mayor City of Denton 215 E Mckinney Denton TX 76201 Dear Bob Castleberry, I am the Environmental Health Inspector for the city of The Colony. I have often called your Environmental Health Department for advice and information on a variety of topics. I have always found the department to be highly informed. They have always taken time out of their busy schedule to answer questions, to allow me to use resource materials, and they have taken me out on inspections on many occasions. I have always found Laurie Pearson, Judy Talbot and Rodney Patterson to be a great resource of Information. 1 have always been impressed with their professionalism and their willingness to assist me In any way possible. I have always considered the City of Denton a great source for Information and 1 have used your cities policies to plan polices for my own city. Thank you for the cooperative spirit of your city staff. Siinncer~elly,Q~ Rebecca Bosarreyes R,S. Environmental Health Inspector 5151 North Colony Boulevard The Colony, Texas 75056.1219 (214) 625.1756