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Home My WebLink About05-18-1999 i Q ' I i U I i May 18,1999 Agenda Packet 1 i c+ ~yKAd1 No,...Q oao AGENDA AD" ~ CITY OF DENTON CITY COUNCIL Deb M May 18, 1999 After determining that a quorum is present and convening in an open meeting, the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, May 18, 1999 at 5:15 p.m. In the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 1. Closed Meeting: A, Consultation with Attorney - Under TEX, GOVT, ^.ODE Sec. 551.07 L Discuss and consult with the City's attorney, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply Distrlet No. JA and Denton County Fresh Water Supply Distriel No. S, Cause No. 99-40138.362, filed in the 362nd District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Conference with Employees - Under TEX. G01" T. CODE Sec. 551.075. The Council may receive information from employees during a staff conference or briefing, but may not dth'"rate during the conference ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT 1S HELD IN i COMPLIANCE WITH TEX. GOV'T. CODE CH. BSI. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY I-I EM ON ITS OPEN MEETING AGENDA OR TO 1 RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071.551.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the city of Denton City Council on Tuesday, May 18, 1999 at 6:00 p.m. In the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered; « ! 1, Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible" PROCLAMATIONS 2. Presentation of Proclamations F A. National 00fe Boating Week t r C tCity of Denton City Council Agenda May Is. 1999 Page 2 NOISE EXCEPTION 3. Consider a request for sn exception to the Noise Ordinance from the Parks and Recreation D.partment for 1999 Juncteenth Activities at Fred Mx-,re Park on June 18 and 19. The request is for an exception until I;t>n a.m. on Friday, June IS and Saturday, June 19. The activities are coordinated by Etihu Gillespie, Parks and Recreation Leisure Services Supervisor. 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 wish the Staff 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 urder tot. Consent Agenda (Agenda Items 4.12). 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. If no items are pulled, Consent Agenda Items 4.12 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "items for Individual Consideration". 4. Consider adoption of an ordinance authorizing the execution of a change order to the pt ulic works contract for the annual contract for concrete work; providing for a change in the service provider; and providing an effective date (Bid 2281 - Annual Contract for I concrete work awarded to Floyd Smith Concrete Inc., In the estimated amount :f $350,000) j, Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Lakeview Ranch Lill Station, gravity sewer line and force main; providing for the expenditure of funds therefor; and providing for an effective date (Bid 2355 - Lakeview Ranch Lift Station, Gravity Sewer Line and Force Main awarded to Dickerson Construction Company, Inc. In the amount of $269,307.50) 6. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order to Fraser, Inc. for the acquisition of two Class 1 ambulances by way of an interlocal agreement with the Dalian Ft. Worth International Airport; authorising the expenditure of funds therefor; and pro• iding in effective date (Purchase Order 94831 - Frazer, Inc. in the amount of S 167,600) 7. Consider adoption of an ordinance accepting competitive bids and awarding a contract ti for the purchase of fire fighting equipment; providing for the expenditure of funds Therefor; and providing an effective date (Bid 2350 - Fire Fighting Equipment awarded In the amount of $238,178.46) 8. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of truck beds and bodies; providing for the expenditure of funds therefor; f City of Denton City Council Agenda Slay 18, 1999 Page 3 and providing an effective date (Bid 2363 - Tr,.k Beds and Bodies awarded in the amount of 527,226) 9. Consider adoption of an ordinance authorizing the City Manager to execute Supplement Agreement No. 1 to the Perk Moo ntcnance Contract between the Texas Parks and Wildlife Department and the Cities of Dallas and Dcnton, 'rcxas; and providing for an I effective date, t 10. Consider adoption of on ordinance auLkorizirg the Mayor to execute Supplemental Agreemcnt No, l to Leasc DACW63.1.91-0545 the cities of Dallas, Texas and Denton, Texas, Ray Roberts Lake, Texas with the City of Dallas and the Secretary of the Army (Ciovemrnrnt) expamling the leased area to encompass various wetlands development apd the Greenbelt, and providing other changes as set forth in more detail in the body of this ~rdinancc. 11. Consider adoption of an ordinance approving and authorizing the Mayor to execute an lnterlocal Ambulance Agreement between the City ,i Denton and Denton County for ambulance services. 12. Consider approval of a tax refund to Paging Network of DaliavTt Worth for $1,085,24 due to Supplement #10 from the Denton C:atral Appraisal District, which corrected the tax liability, resulting in an overpayment. PUBLIC HEARINGS I 13. Hold a public hearing and consider re/oning 115 Woodrow Lane from a Multi-family 1 (SIP-1) zoning district to a Commercial (C) zoning district. The 0.58 acre property is legally described as Tract 86 out of the Jon,than Brock Survey (Abstract 55) and Is located on the east side of Woodrow Lane., south of McKinney Sueet, The proposal I± to construct a pawn shop. (The Planning and Zoning Commission recommends approval (6.0) with conditions) (Z-9( -017) 14. Field a public hearing and consider amending the conditions of Ordin4nce 95.153 to g pemtit an kdditional two land uses, spcci ically a rPb.rinadan clinic (with no oe'eide runs or pens) and a nursing home or tesideme' omra fnr the aged, and one rr moment sign p:r lot as well as one building (wall) sign pei office building. The 49f2 irre pri. Krly is legally described as Tract 7 out of the r, Hsher Sunny (Abstract 421) and i, ;ocated c, the cast side of Teasley Lane, opposite of sent Oaks Drive, (The Planning and 7oniud Commission recommends approval (15.0) with eondrlior:.) (7-09-022) 15. l lold a public hearing and consider amending condition two (2) of ordinance No. 95.116, The 2.0 acre property is legally described as Tract 11 of the Daniel Lombard Sti rvey (Abstract No. 784) in the City of Denton, Denton County, Texas. The property is located on the south side of lnterstate 35 adjacent to Carpet Max. The proposal is to allow for an additional ten thousand (10,000) square feet of floor for a gymnastics tralni,t; facility. (The Planning and Zoning Commission recommends approval 6-0 with conditions) (Z- 99.019) f City of Denton City Council Agenda May 18, 1999 Page 4 I& Hold a public hearing regarding the proposed voluntary annexation or 65.171 acres located south of Nowlin Road on the east side of FNI 2181 (Teasley Lane) generally opposite Hickory Creek Road in the extraterritorial jurisdiction or the City of Denton, Texas. 17. Hold a public hearing to consider rezoning 2.093 acres from an Agricultural (a) zoning district to a General Retail with conditions (GR[c]) zoning district. The property is legally described as 2.093 acres In the Gideon Walker Survey (Abstract A-1330) and is located on the north side of Interstate Highway 35 East Service Road, approximately $00 feet routh of Pockrus Page Road. The proposed zoning will allow retail development. (The Planning and Zoning Commission recommends approval (6.0) with conditions.) (Z- 99-018, Old Denson Trail) VARIANCE 18, Consider approval of exaction variances f.-om Section 34.114(11), concerning sidewalks, and Section 34.114(5)b, concerning perimeter paving standards, of Chapter 34 of the Code of Ordinances (Subdivision and Land Development Regulations) for a 3.00 acre property in Division one of the city or Denton'& Extraterritorial Jurisdiction (ETJ), The property is located on the east side of Egan Road approximately 346 feet north of Jim Christal Road. Proposal is for one (1) singlaramily lot. The Planning and Zoning, Commission recommends approval.) (V-99.006) ITEMS FOR INDIVIDUAL CONSIDERATION 19. Consider approval of a resolution establishing the maximum rates that Marcus 1 Cable/Charter Communications may charge its Denton cable television subscribers for the basic service tier and associated equipment; establishing a maximum hourly senice charge; providing a sevcrability clause; and providing an effective dale. 20. Consider adoption of an ordinance approving a real estate contract between the City of Demon and Joanna McNary, relating to the purchase of 0.013 acres of land for the expansion of U.S. Highway 77 (Parcel 49); authorizing the expenditure of funds therefore; and providing an effective date, 21. Consider adoption of an ordinance approving a real estate contract between the City of Dcnlon and W.C. Orr, 111, Gena Orr Wilks, Dorothy Orr Stoval, kobert Edmond Orr, individually and as independent executor of the Estate of Walter E. Orr, Sharon Orr Duncan, and Connie Ciffith, relating to the purchase of 1.370 a res of land for the expansion of U.S. Highway 77 (Parcel 40); authorizing the expenditure of funds therefore; and providing an effective date. 22. Consider adoption or an ordinance of the City of Denton, Texas prohibiting parking on College Street from Elm Street to Locust Street and the north ode of College Street from Bell Avenue to Frame Street; on the north side of East Congress Street from Locust 1 Street to Oakland Street; on the north side of Egan Street from Coit Street to Bolivar Street; on the east side of the alley between Elm Street and Bolivar Street from Third Street to Second Street; on the north side of Ferguson Street from Elm Strret to Locust -T- ~Jty of Denton City Council Agenda slay 18, 1999 Page 5 Slrect; on the alley between Elm Street and Locust St vet from Parkway Street to McKinney Strait; on the north side of Maple Street from Elm Street to Locust Street; on the east side of Oakland Street from Texas Street to Withers Street; on Pirtle Street from Vine Street to Frame Street; on the south side of Sawyer Street from North Locust Street to Oakland Street; on the south side of Second Street from Bolivar Street to Locust Street; on Thlru Street from Bolivar Street to El,n Street and the north side of Third Street from Austin Street to Elm Street and the north side of Third Street from Austin to Oakland Street; providing a savings clause; providing a severabitity clause; providing a penalty not to exceed two hundred dollars; and declaring an effective dale. 13. Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on the west Aide of Bolivar Street from E. University Drive to Pearl Street; on the east side of Austin Street from Oakland Street to E. Parkway Street; on Frame Street from Grovr Street to Schmitz Street and on the east side of Frame Street from Schmitz Street to Mingo Road; on the south side of Schmitz Street from Bell Avenue to Mingo Road; on the west side of Vine Street from Grove Street to Texas Street, the east side of Vlna Street from Grove Street to College Street and the east side of Vine Street from Texas Street to Withers Street: on Withers Street from Oakland Street to Mingo R-.,t 'rpcaling the angle parking designatio i on the south side of Oakland Street from ',mel to 160 feet east of Austin Street; providing a savings clause; providing a se:.,, clause; providing a penalty not to exceed two hundrM dollars; and declaring an efIL" ive dale. 24. Consider adoption of an ordinance of the City of Denton, Texas outhorizing the City Manager to execute an agreement for professional legal services with the taw rim, of Flaythe & Curley, New York, New York, pertaining to federal tax Issues relating to the sale, assignment, or other divestiture of all or a portion of the electric utility assets of the City of Denton, Texas; authorizing the expenditure of funds therefor; providing for retroactive effccl of the agreement; and providing an effective date. 15, Consider appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be Included in a January 2000 boM election. 26. Consider nominations and appointments to the City's Boards and Commissions. :.17, Consider a motion to authorize the holding of a City Council meeting outside of City F1all on May 21 and May 22, 19W at the Maniotl Solana, Education Center, located at 5 Village Circle in Westlake, Texas, to hold the City Council Annual Planning Session. 28, Miscetlancous matters from the City Manager. r 29. New Business This item provides a section for Council Members to suggest items for future agendas. 30. Possible continuation of Closed Meeting under Sections 551.071.551,085 of the Texas Open Meetings Act. [WOO Q . l~ K. 'c City of Denton City Council Agenda May 18, Page 6 31, Official Action on Closed Meeting under Sections $51.071.551.085 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the city of Denton, Texas, on the __day of _ .1999 at o'clock (a.m.) (P.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEAPING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.9309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING I.SW RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BI: SCHEDULED THROUGH THS CITY SECRETARY'S OFFICE. t I ,l i 1 w J A C: u ,yaa,, Nn._ a AQ" I'M AGENDA INFORMATION SHEET AGENDA DATES May 18, 1999 DEPARTMENTS City Manager's Office CM: Michael W. Jez, City Manager w - SUBJEC Consider a request for an exception to the noise ordinance for the 1999 Juneteenth Celebration Activities un June 18 and 19 until I,nO a.m. The activities are from Noon to 11:00 p.m. and on June 19 from 8;00 a.m. to 12;00 midnight. !~AC~~xc 1LI2 Mr. lilihu Oillesp:•. Center Supervisor of the Martin Luther King, Jr. Recreation Center, has requested that the City Council grant an exception to the noise ordinance for celebratory activities for Juneteenth (Attachment 1). Events are planned for two days, Friday June 18's and Saturd%, June 10 and will take place in Fred Moore Park. The activities planned for June 18 include a Gospel Extravaganza with numerous choirs and individuals singing from 6:00 p,m, to 11:00 p.m. Also, a co-ed soflball tournament will be held at the Fred Moore Park Ball Fields from 6:00 p.m. to 11:00 p.m. On Saturday, June 191", the suRball co-ed tournament will conclude and there will be live bands, a dance contest, and talent show for entertalnmu-I These activities are scheduled from 8:00 a.m, until 12:00 midnight. The request also includes an hour for breakdown and clean up, The main source of noise from these activities a ill be the use of speakers for the bands and announcements. The surrounding sea consists mainly of residential neighborhoods, with Oakwood Cemetery to the rush (Attachment 2). This evert has been hold for several years In the past at Fred Moore Park and there have been no complaints from the surrounding neighbors. As you know, the noise ordinance declares loudspeakers, amplifiers, and muskal instruments a noise nuisance, par+tcularly alley 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 3), The ordinance does, however, provide that the City i t Council may make exceptions when the public Interest Is served. (J;- c. y Parks and Recreation Juneteenth Activities Noise Exception June IS and 19, 1999 Pays 3 The organizers have been informed that should Council approve this request, responsible use of amplified sound is still required by Section 20-1 of the City of Denton Code of Ord6z-ances. In particular, Section 20.1(x) states: it shat'; be unlawful for any person to make or cause any unreasonably loud, disturbing. unnecessary noise which caves or may cause material distress, discomfort or Ir~wry to persons of ordinary sensibilities in the immediate vicinity thereof. fRM&ACWN/ri VI W (C nell. 8 ards. Commissions A request for an exception was approved May 27, 1997 for Juneleenth Activities on June 1), t4 grad June 19, 20, also a request for an exception was approved June 2, 1999 for activities on June 19 and 20. FISCAL INFORHATIQ~ None, Respectfully Submitted: Rodney itchell ell Management Assistant 4 Attachments: 1. Request from Mr, Gillespie/ List of Events 2. Map of the area 3. Noise Ordinance , 4- Z a u , M"ORADUM TO: Rodney Ni4chell ManagemaM Assistant City Monavot,a Office FROMt Elihu Gillespie Leisure Services Supervisor Parks and Recreation Dope: tment DATE: April 30,1999 SUBJECTS 1999Juneleentlydctivid The 1999 Juneteenth planning committee has recommended that all activities take place on the fol lowing dotes and times as Indicted below. Now contact appropriate City Council memo rs to Initiate the necessary noise and occupancy variances to extend until 10 a.m. on these dotes. We need the add it lone I time to clear the park of its pinkipanto and secure ell supplies and NoIpment used in coNunctIon with ihis event. I wi I I also provide a packet of information to lcnnifer Walters to forward to each Council member to be Included In conjunction with this request at a future Council meeting. Friday. Juoe 18 Fred Moore Park Sotu v. Jose 19 Frail Moore Park Special lunch Iwovided by SPAN Coed Softball Towrwtnent 12 moan, dntericam 1 eglon /fall 8 a. mt•Fintrlt Fred Moore Park Ball Field I 11 1 Gospel Etlravogam:a Proclarratlom front the Mayan Office. 6.1! p.m, C. 11. CollinsAcilviry Stage L00p.nt CH. Collins Activity Stage Awards Ceremony Food Boons, Arts it CrgRs Booths, 6:30 p.m., C N. Collins Activity Stage Game and information Booths 1: 00 p. m, _ 10., 00 p. ft Fred Moore Pak Cord Softball Tourmamtrnt ~ 6.00 p.nt - I L00pat Fred Ball Park y Grand PaV'ode 6:00 p. rM 4.10 p. w., Sign- sip at MLK Center, Lineup at Tomras Rivera Pinking Lot Entertalmmeal: Live Bands, Dance Contest. Talent Sho w for Kids and Adults 1r00p.nt -12Midnlgk r~ Act Ed I lodney Janet Simpson) Kathy Mosby Amanda Green 3 . S C' I 1 CPU IAC,l bb[m Diu o r p"m r` L7 FNd a ~~U s. u a oon FWK r C C~ L~ L7n n Fred Moore Park Area M En*Wnp • Tnntpora%n O,L6, - May 7,1 tO w to t i i ~I Chapter 20 NUISANCES' Art. 1. In General, 1110.1-20.90 Art. 11, Abandoned Property, 112041-20-70 Div, 1. Generally, 1120.31-20- 40 Div, 2. Motor Vehicles, 1120.41-20.70 Art. Ill, areas end Woods, 1120.71-20.73 . ARTICLH 1. IN GENERAL Sao. 20.1. Noise. (a) It shall be unlawful for any person to make or cause any unressonbbly loud, disturbing, unnecessary noise which causes or may cause material distrese, discomfort or Injury to persons of ordinary sensibilities In the Immediate vicinity thereof. . (b) It shall be unlawful for any person to make or ause any noise of such character, b;tensity and continued duration as to substantially interfere with the comfortable enjoyment of privets homes by persons of ordinary sensibilities, (c) The following acts, among others, as declsrsd to be noise nuisenas 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 7:00 a m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities 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 such volume me to annoy or disturb parsons of ordinary sansibilitlee in the Immediate vicinity thereof, particularly between the hours of 0:00 pm, and 7:00 a.m., or the opeatlon of such loudspeaker, ampliMr or musical Instrument at any time on Sunday; provided, however, that the city council may make exception, upon application when the public Interest will be saved 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 atop work or is a warning of danger; (4) The erectlon, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 0:00 a.m. and 9:30 p.m. Monday through , Friday from June t to September 30; between 7:00 a.m, end 6,30 p.m. Monday through Friday from October 1 to May 31; between 9:00 a,m, and 8:30 p.m, on OCR Oil referenrei-Protected migrslor'y biri roosts declared nuisance, 16 87; Insecc• tlon and abatement warrants, 1 1986 at seq.; Insect and rodent control In mobile home and recreational vehicle Parke,132.01. 9upp. Na a lase 5 G Sy 2a 1 UhN CN COUE ; mild hctweea 1:00 11111. mud 6:20p.tn.ou Sunday; IWOVIdAl+owever tirntlho Snturdny, cky eoaucil luny ieOua epeeinl purnsfts fur such work at other Lome lit cnen of urCeut uecessily mud I,, tiro iutetaet o[publia sorely, and cumeniuuce. tr} uld ciention lor tiny vehlicie l or stho upauing lor destruction of bnleO, ltbuilia xes, ctnles or cuuleluorei 10} Ilia uno or nuy drssnr, luudOpeuker or other instruumut or dovlcu for ilia purpiroo of alttncliug mtloutiuo by Old rreotiuu of unties to nuy purfurnsnnce, ehavr, theatre, uadiors pletora huuOe, eula oflnorclsondied or dieplmy whlcb cnuees ctowde or l+eupla to Muck or cmigregote titan ilia nldownlAO or Itreets near or ndjnceul thrtel t. ICude IUN,11 I420, 14,21; Ord. Na. 00-IM,11, 0• l2.0G1 I)rnOOrsference-Animal nuteo, 10-20. r , 1•li~~ n 6 C AGENDA INFO&MATION SHEET AGENDA DATE: May I B, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Jerry Clark 349.8390 AC31: Kathy DuBose, Fiscal and Municipal Services t>f r7 SUBJECT: AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT FOR CONCRETE WORK; PROVIDINO FOR A CHANGE IN THE SERVICE PROVIDER; AND PROVIDING AN EFFECTIVE DATE (BID 2281 - ANNUAL CONTRACT FOR CONCRETE WORK AWARDED TO FLOYD SMITH CONCRETE INC., IN THE ESTIMATED AMOUNT OF $550,000). BACKGROUND: Council approved a contract with Calvert Paving Corporation on November 17, 1998 for the annual contract for concrete work in the estimated amount of $550,000 (Ordinance 98-378). Since that time the work preformed by Calvert Paving Corporaton has been behind schedule and in most cases unacceptable. After numerous unsuccessful attempts to work with Calvert Paving Corporation to correct the problems, we have determined that it is in the best interest of the City of Denton to cancel the contract with Calvert Paving Corporation. Based upon advice from the City Attorney's Office we are recommending award of the contract to the next lowest bidder, Floyd Smith Concrete Inc. U~LUMMENDATION: We recommend the cancellation of the contract with Calvert Paving Corporation and award of the contact to Floyd Smith Concrete Inc. EMMATED SCHEDULE OF PROJECTt This is an annual contract effective from November of 1998 through October of "I and is re::cwable for one additional 12-month period. FISCAL INFORMATIONt This contract is made up of numerous concrete related type projects. Each time a project is initiated the appropriate account number will be utilized. Bl) INFORMATION! This annual contract is for miscellaneous concrete related activities. It Is intended to determine the contractor to perform small to medium concrete projects. This annual price agreement avoids ' +r v the time delay of competitively quoting individual street patches, curb/gutter repairs, sidewalk V repairs, driveway repairs, flat work and head walls to list a few. C C I i AGENDA INFORMATION SHEET MAY 18, 1999 PAGE2OF2 i R~jZON fCON'Tl: BID INFO The primary divisions utilizing this contract are Street Maintenance, Water/Sewer Field Services and Electric Distribution. The city or Denton Legal Department is currently working with Calvert Paving corporation and their bonding company Amwest Surely Insurance Company to recover costs related to the non- performance of the contract and cancellation cost. i Respecifully submitted: Tom Shaw, ..P.M., 749.7100 Purchasing Agent Attachment is Tabulation Sheet 1111, AOUCA f, 1 i 1 ATTACHMENT 01 TABULATION SHEET BID 0 2261 CALVERT FLOYD 810 NAME CONTRACT CONCRETE WORK PAVING 9MRH PAGE 1 OF4 CORP DATE 20-W46 2.113 EA RING AND COVE! $206.00 $200.00 3•A BY REMOVE CONCRETE PAVEMENT Mss $16.20 3-8 LF REMOVE CONCRETE CURB A GUTTER $6.24 {6,00 3•C BY REMOVE CONCRETE DRIVEWAY b _ SIDEWALK $16.65 $16,20 3.3 CY UNCLASSIFIED EXCAVATION $9,31 $6.00 31 CY COMPACTED FILLIEMBANKMENT $20.80 $20.00 316 SY SOD 87.10 17.50 5.7.8 BY 2-ASPHALT PAVE (TYPE D PATCH MATERIAL 171,00 $75.00 a BY 0 TO SO e0. YDS $31.36 $32.15 b. BY 51 TO 100 S0. YDe 631.31 $32.88 e, f 101'M $O0 S0. YD {30.01 831.10 SY 0 TO so B0. Yoe $3$.10 $36.45 b. BY St TO 100 50. YDS 135.10 $31.45 C. BY 101 TO 600 841 Yoe 132.40 $38,00 14 a BY 0 TO 103 $0. YDS 651.16 860.79 b, BY 1018 UPS YDS 311.11 110,75 AL SY 0 TO SO SCL-YD* 830.42 $31.50 b. BY 31 TO 100 K YDe (30.12 $31.90 a SY 101 TO s1 a Yoe {26.13 $30,25 a BY 0 TO so eO. Yoe 13101 $31.80 b. BY S1 T0100 so, YD $38.04 837.50 a sY 101 TOWS 0. Y011 131.31 {31.35 i ATTACHMENT N 1 TABULATION SHEET BID 0 2241 CALVERT FLOYI# BID NAME CONTRACT CONCRETE WORK PAVING SMITH PAGE 2 OF 4 COMP DATE 204d-o1 v 6.2.10C CY ONE SACK CONCRETE BACKFILL 112.00 $0.50 8.7.2-A EA ADJUST MANHOLE AND DILETS 817L00 :6!0,00 7.4.51 LS TYPE A HEADWALLS 10RO7r 11040.00 1111.010.00 7.4.6.1 LS TYPE A HEADW S/ 4010,00 1113,11K00 7.4,62 LS TYPE S Mj1A 1 S1 160.00 11 110.00 7.4.62A LS TYPE E HC11DW 120,00 U .M.00 7,I,A•1 EA 1' ro MANHOLE r TO VMPTM f1 00 1200.00 7,O,A.1 1 VF w" DEPTH swoo $100.00 7.I.Ad EA rxr JUNCTION box a TO r slim." 111,11M.00 7./.A 1 VF UTU DE►TH $104.00 Notoo 7,I.A,1 EA 4' ro s1 4.00 all .00 7./ 1 VF osm 104.00 100.00 7.6." EA r MANHOLE W TO nVM 1161100 14"loo MA-01 YF UTRA DEPTH 1".00 1111".00 7.I.A-6 EA r ouT a TO r owma 171aoo $1,180-00 7.0 1 VP 11011," Si".00 7,6.A4 EA IWMVWTOWDLVM o".00 s1l"." 7.I.A 1 VF 1".00 P', 4EA 4' fty 572100 17"." e. EA W INLET s7".00 710,00 FA V INLET Man sm.60 d, BA WINLET 00 .00 L EA VINLIT 116"." 1 100.00 a G r 1 100 1111I.M.00 d, EA 1r s2 010.00 00 0,1 LS Wwnmo $ & f "AO 110,00 !2'.1 u p1R! o0 LF DOWEL ON KNORAL CJRt _ MMTN MIlER1! T.11 7,00 i IIG C'nRRF.('TION THIS DOCUMENT HAS BEEN REFILMED TO ASSURE BEST POSSIBLE IMAGE NLAIL ATTACHMENT N 1 TABULATION SHEET BID 6 2231 CALVERT FLOYD BID NAME CONTRACT CONCRETE WORK PAVINO SMITH PAGE 10,' 1 CORP DATE 20-0ct-66 2.11,5 EA RING AND COVER $206.00 a 1200.00 3-A SY REMOVE CONCRETE PAVEMENT f 16.63 $16.20 3•B LF REMOVE CONCRETE CURB aOUTTER 161; 36.00 3-C Sy REMOVE CONCRETE DRIVEWAY a SIDEWALK $1635 11520 3.3 Cy UNCLASSIFIED EXCAVATION 56,36 13.00 3.7 Cy COMPACTED FILLIEMBANKMENT $20.60 120.00 3.6 SY SOD 17.30 $7.50 5, 7,43 SY YASPHALT PAVE(TYPE D PATCH MATERIAL 375!A $75.00 i SY O TO 5o 04 YDS $31.36 932.63 b. BY S1 TO 100 $YDS $32.86 0. f 10i TO 500 YD 330,03 $31.60 Li d. SY 0 TO So SQ. YIDS $35.10 $36.46 b. SY 51 TO 100 SQ. YOS 135.10 936.45 C. SY 101 TO 00 84 YDS $3240 $35.00 SY 0 TO 100 SQ. YD5 336,16 $60.76 b. SY 101 a UA S YDa $66.15 160.75 L SY 0 TO 50 $YD6 $30.42 $31.50 b. SY S1 TO 100 6 vos 130.42 931,50 c. 6Y 101 TO NO $4 YD6 626.12 93026 a 6Y 0 TO Q. YD6 $36.04 937.10 b. 6Y S1 TO 100 $0. YDS 931.01 37.10 e. $Y 101 TO 00 $C, Yoe 933.31 $26.16 C ATTACHMENT 01 TABULATION SHEET . a10 r z:e1 CALVERT PLOYD BID NAME CONTRACT CC 14CRM WORK PAVI10 6MITH PAGE 2 OF 4 CON DATE 20-0e161 0.2.10C CY ONE 1ACK CONCRETE EACKPKJ 66100 616.60 6.7.2•A EA ADJU6T MANHOLE AND INLm "no0 $660.00 7.4.5.1 L8 TYPE A HEADW ilsorow/pro 040.00 61020.00 7.4.5.1 L6 TYPI A HlADW 20•TOTYAN 060.00 160.00 TAA-2 LI TYPE • HEADWALL 15-TO$6•.. 1060.00 1110.00 7.4.6.2A L6 TYPE I HlADW •T07r 120.00 .00 7.6.A•1 EA 4' 10 MANHOLE r TO tpgM $1 .o0 $1 o0 7.4 41 1 VP EXTRA DIM $loco0 $100.04 t,6.A.2 EA rXr U X $1660.00 1600.00 7.6,A41 VP emom" 1o4.oo Moo t.6.A4 u 4' 10 1 06 11 00 7.6 1 V! 104.00 $100.00 t,6.,A4 IA r 10 MAWW fir To nWM 11 12.00 1600.00 1.r,Al 1 VP mmy" $18630 6160.00 7.fA4 EA W INLET (W TWDWWI 1116.00 1760.00 to 1 VP Sim-00- 110.00 t.6.Aa EA tr NILET r 010.00 1 .00 r7.6.A 1 VP 00 150.00 L EA 4' INLIT 726.00 700A0 b. EA 60 ET TIO.oO 710A0 L !A r o0 $$00.00 d. EA 1rl a !A 4' Dim 1I .M.00 1100.00 b. EA 1IM* i,ofto0 a EA ftfT 1 o0 1 40 A EA 1 IN IT 060,06 4 r l 1.1 LE moo 6.2 a QQW9LON ORAL 1.11 LP DOWIL-0N WMORAL CUP t.16 .06 ATTACHMENT 0 1 TABULATION SHEET I Blo 5 22et CALVERT FLOYD BID NAME CONTRACT CONCRETE WORK PAVING SMITH PAGE 3 OF 4 CORP DATE 204d4l v ZAN IL LF W TO 250' 35.01 56,35 b. LF 25V TO 1000 55.05 15.36 a LF 1,000 • UP 57.25 ST." a LF 0' TO 260' $0.00 31.56 b. LP 23V TO 1000' 31.00 116.16 & LF 1,001 • UP 56,22 11.10 UM LP NTASLE CURB 10.12 111.26 6.MAI SY WSUWMWAM CV SERE 111.65 11.66 a By 0TO"InYON 00.42 931,60 b. BY 51 100 so. S 930.42 31.50 a by 101 TO NO S& YD 521,12 J5 a SY 0 TO 60. Vol 130.4! 93:.93 b. By 61 T0100 YD 930A2 53261 ~c..BY 101 600 SO 12112 1.60 IL BY O T010 YDS 521,05 b b. BY 1 T0100 84 YDS 6,01 121.60 e Sr 101 T01 0 YDS 626.00 ri.16 L 78y_ 0 T010 S YOS 1.02 .70 b. 61 TO too $4 YDI 21.02 .70 a 01 TO 100 89. YD 1126,11 70 L4 CONCRM M! S 932,10 127.00 1.6 co STEPS 110.40 10.W 1.15 W CONORM W4tAP AMC DRAfNAOE FLUMES 30.42 31.00 L n u ATTACHMENT TABULATION SHEET M NAME COW PACT CONCMM wow r vp1 O w" EIrTN j DATE PA01 t Dr 4 CORP II~ OR1 Lf 1.M 1.10 »a LF IAWCUTRM"WRNMM 1Z an I Ora CY Ora CY CDNCIlE, rOR UCIR STANDARD MOL" w PILL am lt" wl =Y pm I" em waym 1 SP rA Or1 WAMOMMAMWUM- ts mm lrlwEaER OY07lY a I~ i k h P.~jMm n&LOL aDwum Wddlnanml"'Calven hrinj Cwbruj,gt4.%v ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 98.378 BY CANCELING THE AWARD OF BID NO. 2281 TO CALVERT PAVING CORPORATION AND IN LIEU THEREOF AWARDING THE PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT FOR CONCRETE WORK TO FLOYD SMITH CONCRETE, INC. IN THE ESTIMATED AMOUNT OF 5550,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Novrmbet 17, 1998, per Ordinance No. 91-378, the City awarded a contract to Calvert Paving Corporation ("Calvert') tot miscellaneous concrete work in the estimated amount of S550,000; and WHEREAS, Calvert defaulted under such contract and Calvert and its surety, Amwest Surety Insurance Company, have agreed that such contract may be terminated and as a pert of the settlement of this matter, $10,000 In damages will be remitted to the City; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the contract with Calvert Paving Corporation regarding Bid No. 2281 is cancelled and in lieu thereof Ordinance 98.378 is amended and such contract is awarded to Floyd Smith Concrete, Inc. In the amount of $550,000 and the expenditure of funds is hereby authorized. SECTION lI: That the City Attorney is directed to proceed with the preparation of a release for execution by Calvert that provides the payment of damages to the City in the amount , of $10,000 and provides that Calvert will not bid on any public works contracts with the City for a three year period. SECTION II* 7hst this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the day of ,1999. F MICHAEL W. JEZ, CITY MANAGER ATTEST: r JENNIFER WALTERS, CITY SECRETARY t. Jf-~ f • r v BY: APPROVED AS TO LE04L FORM: HERBERT L. PROUTY, CITY ATTORNEY BY; '~c ,i (3li A ~ ATTACHMENT NI TABULATION SHEET BID # 2281 CALVERT FLOYD BID NAME CONTRACT CONCRETE WORK PAYING SMITH PAGE 1 OF 4 CORP DATE 20-0Cb18 2.111.5 EA RINO AND COVER 6201.00 6200,00 3•A BY REMOVE CONCRETE PAVEMENT 111,IS 616.29 3•5 LF REMOVE CONCRETE CURB A. GUTTER 6614 66.00 3•C BY REMOVE CONCRETE DRIVEWAY B SIDEWALK 616.65 616.20 3.3 CY UNCLASSIFIf O EXCAVATION 60.36 60.00 31 CY COMPACTED FILL/EMBANKMENT 620.80 620.00 3.1 BY SOO 61,80 ms0 6.715 BY YASPHALT PAVE(TYPE D PATCH MAT:RUIL 674.00 675.00 4• _L BY 0 TO SO SQ. YOB 131.36 632.15 b. BY 11 TO 100 B0. YDS 131.36 632.15 C. 6 101 TG 600 S YOS 930.06 131.60 0 a. 0 TO 80 . YDB 638,10_ 636.46 b. BY 51 TO 100 S Q. YD6 135.10 136.46 C. BY 101 TO W0 B . YOB 632.40 635.00 f 1 a BY 0 TO 199 84. Yoe $6.16 .75 b. BY 10111UP S YOS 664.16 610.75 f a BY 0 TO 11. YDB (30.17 31.60 h b. SY 51 TO 100 B0. YDB (30.12 131.50 C BY 101 TO 800 l 1a. YDS (2!•12 130.21 6. BY 010 . YDS 36.04 31.10 b. BY 51 0100 S Q. YDS 131.01 537.10 e, BY 191 TO 600 30. YDS 33.31 634.38 i f i ATT4CHMENT 1 1 TAB: .'ON SHEET BID N 2261 CALVERT FLOYD BID NAME CONTRACT CONCRETE WORK PAVING SMITH PAGE 2 OF 4 CORP DATE 20400148 6110C CY ONE SACK CONCRETE SAC "Lao 111.80 61.2-A u AWU$T MANNO AND INIATS 00 .00 7.4,61 LS TYPE A HIMADW&WIS-TOWMIM H 040.00 1111IM00 7.4.11 L1 TYP A NNIDW "T072• .o0 N 100.00 7.4.62 La TYPE a maoaw 1 r'ro11• -it "o.00 1 160.00 7.4.62A La TYPE B NlAOWA 120.00 $1 00.00 T.6.A•1 EA 4' I MANNOLE r TO nwm 11 oo $140.00 7.$A•11 VP mmory 1104.00 $100.00 7.$A,2 EA rX0' JUMCDOW box (W rol arm 10110.00 $1100.00 7,6A-21 VP 1104.00 2100.00 7 IA3 u ' ro 1 00 1 .00 7.L 1 VF EXTRA DW" 104.01 1Baoo T.$A-4 u r 10 "*ME U61 TO MOTH) 1 112.00 11100.00 7.IA i VP _ slKoo 11180.00 7.4A4 EA rmmwrov N71600 1700.00 7.#A~Xllll VP I IM TPA M 181.00 $180.00 7.6A4 u 1 0' TO slim-00 7./ 1 VP 1 00 110 a EA Y INLET 721.00 P700.00 b. !A MET 10.00 710.00 a EA 00 00 d. aA 10 ,00 u 1110.00 1111.111611,6111 a u 1114.00 1 oo a SA r I 1 00 1 o0 , $.1 La W .00 11 u Op 01.1 LF DOM-ON INTEORAL CM T.11 T. 1 1 • i i ATTACHMENT I TABULATION SHEET BID # 2281 CALVERT FLOYD 010 NAME CONTRACT CONCRETE WORK PAYING SMITH PAGE 1 Or 4 CORD DATE 20001 LF W TO 280' u.a 11A1 b. LF 2/t' TO 1,000 p.a .u a LF 1 • UP 7.04 {7.80 u r TO 00, 10.00 a1.11 Q 211' TO 66.0-0--T- ass a tR 1,001 -UP 22 .10 1.2J42 LF NT 10.12 11.04 814-11 aY a1f.N WWWONTAKE situ A. By 0 To 04 YDI au a 121.10 b. BY 11 00 ao. Yoe $0.42 $1.10 e. By 101 To no $Q "I 121.12 .u a BY 0 TO so Yoe $0.42 93UG b, By 01 Y 100 M 1M$ AS 11 L By 01 TO no is yal .12 $1.10 imi aa' " f 1 By 0 TO so YD 1104.04 $1.10 b. aY 1 TO 104 YD 21.04 $1.10 a aY 11 f Saco .10 t - 010 00 aY a Yot 11 21.02 .16 b. aY aQ Yoe .o! -1-m-70 C. ar 101 to 100 a0. Yoe 26.11 1.4 BY CONC-OU MIDW4 123.40 .00 al BY aTEPa 110.40 10.10 1.11 BY CONCRETE WAV AND DMfNA00 FLUMES 00,42 Woo i is i i ATTACHMENT41 TABULATION SHEET 221 CALWRT FLOYD NO NAMI COMPRACT CONCRM WOW PAYINO um PAO1 4 OP 4 CORD DATi W-1 LP , OMIT" /P-2 4P 12 0.3 Cy 04 CY COMMI POR LIGW I TANDAIID um - N4 RA OOMM I POR "APPIC CONTROL IP•T SY ! T SPa La MNIe w" Mum ove, Min i r 'i { i i j t c (h Apt* Ntf r99-o~0 Apeda W AGENDA INFORMATION SHEET 0911 r AGENDA DATE- May 18, 1999 questions concerning this acquisition may be directed DEPARTMENT- Purchasing to Jim Coulter 349.7521 ACNIr Kathy DuBose, Fiscal and Municipal Smices i SUBJECT; AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2355 - LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN AWARDED TO DICKERSON CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $269,307.50), BACKGROUND* (See attached Tabulation Sheet) RECOMMENVATIONi "'e recommend this bid be awarded to the lowest bidder, Dickerson Construction Company, Inc., in the amount of $269,307.50. ESTIMATED S HEn OF PROJECT, This project is scheduled for completion in 120 workdays from receipt of notice to proceed or 4 approximately October 25,1999. PRIOR ACTIONIUVIEW (CauIAL BoarL-. jCgAUWUkA& The Public Utility Board recommended approval on May 3,1999. FISCAL INFORMATIONr The funds for this project will come from Water end Sewer Revenue Bond Fund account (67s- 0471•RB96•V901.9118). BID INFORMATIONr Ibis bid is for the construction of a cost-In-place sanitary sewer lift station including valve box, control panel, wet well and all appurtenances. Also included are approximately 1,850-linear feet of 8-inch sanitary sewer pipe, 2,330-linear feet of 6-inch force main, five manholes and one creek ' crossing. The project Is designed to provide service to approximately 366 residences proposed In the Lakeview Ranch development. i r c. I AGENDA INFORMATION SHEET MAY 19, 1999 PAGE 2 OF 2 Respectfully a bm'tted; G Tom Shaw, C. ,M,, 349.7 too Purchasing Agent Attachment 1: Tabulation Sheet Attachment 2 Location Map :aie.AOENDA a u •I i I I ATTACHMENT 1 TABULATION SHEET i s Bid # 2= Date; 4120199 LAKEVIEW RANCH LIFT STATION GRAVITY SEWER LINE & FORCE MAIN N3. DESCRirYION VENDOR VgNDON VENDOR VENDOR Ok;karaon ~ Contlnr W Osw Rands Earth Builders Psts &a. Radish j° Como", ft. TOTAL BID AWARD &209,307.30 $30,',380 00 $365,610.00 $429,830.00 S3E1,989.60 I ' I i I V i i C p' r LAKEVI EW RANCH LIFT STATION k c n r r r • E• FORCE MAIN • 293 GRAVITY MAIN • I$$ 1 LAKIMEW RANCH U" STATION , S 6" i f PROJEC LOCATION EXHIBIT 1 i M i V ORDINANCE NO. _ AN ORDINAN. E ACCEPTING COMPETITIVE AIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2355 - LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN AWARDED TO DICKERSON CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF S269,307,50). WHEREAS, the City has solicited, and received competitive sealed bids for the curstruction of public works or improvements In accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommtnded that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein; NOW, 1 HF° EFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the following competitive scaled bid for the construction of public works or improvements, as described In the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID leg CONTRACTOR AMOUNT ' I 2335 DICKERSON CONSTRUCTION COMPANY, INC. 5269,301,50 ,SECTjOu. That the acceptance and approval of the above competith a sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such p,:blic works or improvements herein accepted and approved, until such person shall co,rply with 1 all requirements specifled in the Notice to Bidders Including the timely execution of a written contract and furnishing of performance and payment bonds, and Insurance certificate aRer notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or Impmv:ments in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, stand,. ds, quantities and specified stuns contained l ! therein. i II c i i Sj4.YlY That upon acceptance and appN,val of the above competitive sealed bids and ' the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of finds in the mwmer and in the amount as sped Aed in such approved bids and authorized contracts executed pursuant thereto. SECTION V, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the. day of 1999 )ACK',;ILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: , HERBERT L. PROUTY, CITY ATTORNEY BY: WD 1733-CONTRACTUAL ORDNANCE I ~ ff \ _ 0 1 r 1. Apatt68 Nn. Ae" w, AGENDA INFORMATION SHEET p R AGENDA DATE: May 18, 1999 Questions concerning this DEPARTMENT: Purchasin Icquisition may be directed 8 to Ross Chadwick 349.810 t ACMt Kathy DuBose, Fiscal and Municipal Smites SU ECIi AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER TO FRAZER, INC. FOR THE ACQUISITION OF TWO CLASS 1 AMBULANCES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE DALLAS/FT, WORTH INTERNATIONAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94831 - FRAZER, INC. IN THE AMOUNT OF $167,600). Ambulances. 9In8 March of 1 "9ethe City Council approve City of Rowlett and Dall"Tt. Woorth International Airport entered into an Interlocai Agreement for the purchase of ambulances. Dall"Tt. Worth Intemationil Airport soliclied bids and tabulated bid responses on AW 8,1999. The unit manufactured by Frazer, Inc, was the lowest bid meeting specification. SECO M~lE~lDalt~rit We recommend Purchase Order 94831 to Frazer, Inc. be approved in the amount of $167,600. Delivery of these units is approximately 120 days from receipt of a purchase order or approximately the third week of September 1999. PRIOR ACTION >r VIEW ( oost i s-ad r 1 Council approved on March 2, 1999 (Ordinance 99.064), authorizing in Interloed Cooperative Purchasing Agreement between Dalk s/Ft. Worth International Airport and the City of Denton. The Dall"TL Worth international Airpu;t Board of Directors approved the Award of Bid No. 03- 31.214699 on May 6, 1999, JF'~CAI_. iNa'ORMATIONt • i Funds for the purchase of these two new ambulan"s will come from Motor Pool Lease Fund i r e account (720-025-0584-9104). r ~ 1 r; U AGENDA CNFORMATION SHEET i MAY 18, 1999 PAGE 2OF2 The purchase price for the two ambulances is the total ofthe following, Base Price S gl,$00 each Documentation $ 200 each Quantity Discount IS 400 eachl Unit Price S 81,300 each Two Units 5162,600 *Factory lnspectiom S 5.000 Total Award 5161,600 'Each ambulance is design specific for the entity for which it is being built. Locations of cabinets, oxygen, defibrillatorslmoriitora fx example are dictated by the paramedics using the equipment, The DallasrFt. Worth bid request added the $5,000 Factory Inspection line item ti ,101 bids. It Is Intended to cover travel coat for onsite factory visits by City of Denton Fire Depwtnent personnel. Only the actual travel related expenses will be billed to the City, Our estimates are for factory Inspection trip cost to be below 51,000. DalluTt. Worth International Airport solicited bids for the purchase of Class 1 Ambulances for the Airport Board City of Denton and City of Rowlett These ambulances are mounted on one ton Ford chassis and the modules arc self conmim:d, generator-powered wilts. Prior to bid solicitation Fire Department staff representatives approved the speciflcadwu. Respectfully submitted, 1n ~ Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment L• Tabulation Sheet Attachment 2: Purchase Ordrr 9461 uu AarrmA 1 i I VALLA&FORr WORN WERNATMAL AIRPOAr BOARD ATUCfB4TXP I 610 PROPOSAL NO. OSaf•ifNN AMBULANCE B/D OPENN10 DAM APML tm r' wr/ri rr, e.Arr r 9w.IYM+-r ww MMa [.+Irl rlwT or.w ma M►.r lru,. m+.oowo-w Irehl Tx RNlrmi IiytiAl{ a mm nnet M a~~i A time nmsein rear Atm reralfr mmiemw M. are Free r [ rla~ ola - r.1..i aro rte IY rrr ~ a a n`crrn+Irw, al W r In fxa n x Irr ara..rt wrw [Iw w fleet rte faom Tam err wwr .rW w We■ r +am ' ererr ..v.►[ I ww rrrw - fwm IMr Mm rr Mai w 1 Y Pgw1111eIN wlrmrlrr rlnY Ar m rmr 14ma M Mm mem r IAnsAr Mtirlrrs rrr~fY 1 r Y F rr rr ilen Ma rn loon& tax w i m mmm INIMA wr.l.a .MMI w W m I'MMA 01wre wr/l [,i ww •Me ew 1 o r 'N [r ~ rr r wrw rrrr m ma WR rru nnv I loe anarrarvn m rrw N. i+rr~FM H' A rM swr MF W eM1: R rf esT T r of ~ l ' Y1FOml M Y / arl 10N1 910 aP eM F*MW NAM se 0200m y pILK1 K {WtM K, NltJlll[t Irearlaa Me; l11[M OYWam rG ~MWM/, ly 1 C. PURCHASE ONM PO 94831 THIS IS A 7Tis raanrrr moil apps tXt s8 OIWA k+voiera, alivrrl. sspr. ossss, (OF MANN ulna bo tss Dsd in9 sups std was DO NOT Otfik"TE y Rrq Na Bid Na 2247 oie 05 03 99 Peer Na 01 CITY OF OENTON TEXAS N PtBlCKIWW DIVWON 1 401-0 TEXAS 45iff I WITON. TEXAS 78201-4364 9401349-7100 O1FW METRO 0171267-0042 FAX 9401349-7302 ENDOR FRAZIR, INC. VisX ft Clty of Dsntottis WWahe A woLL *I ofdwft&mm AMEI PO BOX 41027 DlUvw FLINT SERVICES 014 DURESS ADWASS HOUSTON TX 77241-1027 004 TEXAS ST. DBNTONt TX 76201 JOHN GRIFFIN VENOM NO. FRA48070 DELIVERY QUOTED OS 10 99 FOB DESTINATION KM TB TERMS 001 2.000 BA VEMDOr CAT. If M / A MFG NAME 81,100.000 162,200.00 001 7 2. CITt $ 9100 TTPd I GENERATOR POWERED AMBULANCE MODULE MOUNTED ON A ' 1999 ?POD F-350 12,500 OVW LESS $400 QUANTITY DISCOUNT 002 2.000 ST VENDOR CAT. $ N / A MFG NAME 200.000 400.00 CITY 1 9100 DOCUMENTATION AND MANUALS 003 5000.000 VENDOR CAT. If N / A MFO NAIR 1.000 54000.00 CITY $ 9100 TRAVEL BXPBNSIS FOR FACTORY INSPECTION HID $ 2247 DPW AIRPORT 90. 03-31-214699 P 0E TOTAL t 1670600.00 OR ND TOTAL t 167,600.00 01 720 025 0584 9104 167,600.00 yfAOCR 8tiT111CT18N 3 Trrmt • Nei 30~ .,..M•U L mw MMI"i L 04 kvIvocti"t 14& patintMn ~rr~f 9%" w.dw r..a.al lehri v A" Wn lu irN N Nclrra/ s 11111410 ly E, L 4 4 in pric" m" t ~h c. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR I11S DESIGNEE TO EXECUTE A PURCHASE ORDER TO FRAZER, INC. FOR THE ACQUISITION OF TWO CLASS I AMBULANCES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94831 - FRAZER, INC. IN THE AMOUNT OF $167,600). WHEREAS, pursuant to Ordinance 99 364, the Dallas/Ft. Worth International torport has solicited, received and tabulated competitive bids for the purchase of it- ;essary materials, equipment, supplies or services in accordance with the procedures of st. c law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Dallas/Ft. Worth International Airport programs at less cost than the City would expend if bfdding these items individually; and WHEREAS, the City Council has provided in the City Badget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF. DENTON HEREBY ORDAINS: SECTION L That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items; PURCHASE ORDER VENDOR AMOUNT 94631 FRAZER, INC, $167,600 SECTION II. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Dall"Tt. Worth International Airport for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the r terms, conditions, specifications, standards, quantities and for the specified sums / A contained in the bid documents and related documents filed with the Dallss/Ft. Worth ? l " International Airport, and the purchase orders issued by the City. I i Q Ei I 1 i SECTION [II. That should the City and persons submrthn g approved and accepted items set forth In the attached purchase orders wish to omter into a formal written agreement as a result of the City's ratification of bids awarded by the Dallas/Ft. j Worth International Airport, the City Manager or his designated ref resentative is hereoy authorized to execute the written contract which shall be attached hereto; provided that the written contract Is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Dalla&Ti. Worth International Airport, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor In the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTIONV. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of _ 1999, JACK MILLER, MAYOR ATTEST: JENNIFER WALTER3, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERDERT L. PROUTY, CITY ATTORNEY BY: 94831 1NtaRt.oM COOPUAT1VE PUROMINO ORDINANCE 1 a ~ r - ~i c PURCHASE ORDER 140: 94631 THIS 15 A ME COWMAN OMDER (IF mApm e L MktCDlf i : Wlh DO NOT DUPLICATE H Rey No Old Na 2247 DMs 05 03 99 Poo Flo 01 CITY OF DENTON S PtIRCAMINO Om I P01-9 TEXAN STREff =TEXAS 76201-4354 9401349-7100 0/FW METRO 0171267-0042 FAX 9401349-7302 ENO FRA3ER, INC. 'Ash dN Cfty of O~s We" d www.all"fdm.toneom AME/ P~0 BOX 41021 ORNM FLNET SERVICES 814 DURESS HOUSTON TX 71241-1027 804 TEXAS ST. DENTON* TX 76201 JOHN ORIFFIM 'A NO. #RA48070 DELIVERY OUOTEO 05 10 99 FOB DESTINATION BUYER TS Tom 001 2.000 MA VENDOR CAT. B M / A MFG FAME 810100.000 162,200.00 CITY $ 9100 TYPE I OBXERATOR POWERED AMBULANCE MODULE MOUNTED OM A 1910 FPRD F-350 12,500 0VW CR BOIS LESS $400 QUANTITY DIECOUKT 00p 1,000 8T VENDOR CAT- B N / A NFG NAME 200.000 400.00 CITY $ 9100 DOCUMENTATION AND MANUALS 003 5000.000 $B VENDOR CAT. 1 M / A NFG NAME 1.000 5,000.00 CITY 4 9100 TRAVEL EXPENSES FOR FACTORY INSPECTION BID # 2247 DPW AIRPORT NO. 03-31-214699 P 08 TOTAL t 167,600.00 O,t ND TOIlL a 1670600.00 01 720 025 0584 9104 167,600.00 1 Txmt - wt 10 twra w6r l V~y 4utuc6~a: F.LL OatfMNn Fry~d w...~.~w w.u L IIN M f L IM 1 d~ t MN to Ad N Neir•,1 a A00 SAN - Aor* AGENDA INFORMATION SHEET AGENDA DATE: May 18, 1999 Questions concerning this acquisition may be direct;d DEPARTMENT: Purchasing to Ross Chadwick 349-8101 ACM: Kathy DuBose, Fiscal and Municipal Smices SUBJECTt AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2350 - FIRE FIGHTING EQUIPMENT AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF $238,178.46). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification as listed below: Firestorm • Section 1 Item(s) 1.6,10,12,31,35,40 S 70,209.00 Casco Industries, Inc. • Section 21tem(s) 1-9,20,21,23.23,27,30,32,41 • Section 3 Item(s) 1.6 • Section 4ltem(s) 5,9,10,11,13,14,16. 18 • Section 6ltem(s) 10.12,14-20,24,2)•35,43 $123,186.10 Fire Supply, Inc. • Section 2 Item(s) 11,13.19,24,33,34,36,37 S0,442.42 Your Alarm Fire Equipment • Section 2 Item(s) 26 r • Section 4ltem(s) 14,6-8,12,1$,19 • Section 6 Items(s) 9 $18,608.00 Neel & Assoc., Ix. • Section 2 Items(s) 22 S 2,200.00 Rescue Concepts, Inc. • Section 6ltem(s) 13,26,44,4$ S t,116.33 r +r"~ The Rescue Source • Section 6ltem(s) 21,22,23,2$ $ 9,416,39 Total Bid Award 523078.46 a S AGENDA INFORMATION SHEET MAY 18, 1999 PAGE 2 OF 2 gEMMUE"4TION (CON'T1: We are also recommending that no sward be made for Section 2 Item(s) 38,39,42; Seaton 3 Item(s) 7; Section 4 Item(s) 17,20,21,22; Section 5 Item(s) 1-5 and Section 6Item(s)1.8. These items will be rebid or deleted from the equipment list EST rdAT£D Ce D ft.R AF PR . T: Quoted delivery schedules for the listed items range from 3 workdays to 7 weeks. FISCAL • LNFORMATION, Funds for this equipment will come from Motor Pool Fund account (720-025-0582-9104) and the 1999 Certificate of Obligation Fund account (725-025.0099.9104). Motor Pool $ 72,539.33 1999 Certificate Obligation Fund S115,659,11 $238,178.46 BID INFORMATIONi This bid is for the purchase of fire fighting equipment required to property equipment the two new pumper trucks mad the new "Quint" and Ladder hocks. The equipment must be placed on the fix trucks prior to placing them in services. Respectfully submitted: c=~- a,_V1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent w Attachmegt 1: Tabulation Sheet W4 4ENDA . __.--'r.:. a t~ i i ATTACHMENTI TABULATION SHEET i Bid # 2= DATE: 3.25.99 _ Fire Fighting Equipment No. QW. DESCRIPTION VENDOP VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Firestorm Casco Fire Supply, CMC Rescue Rescue Neal Rescue Rescue 3 Four Alarm Industries, Inc. Ins. Concepts Associates Source Fire Section 1 - Fire Hose 8,400 5 Inrh supply tine, coupled In 100 R r R. ten thsStorzOuickConnecl s 529,316.00 $31,680.00 530,4&100 NO NB NO NO $30,658.00 6 5 Inch supply tine, coupled In 50 R., 25 R„ $4776.00 $1,350.00 $6,000.00 NO NO NO NO $5,162.00 2 20 ft. and 10 ft. sections with Storz Qufck 3 5,000 2 Y, InJh National Oura-Pak hand line 3 f1 coupled In 50 fl sections with 2 X Inch $9,700.00 $12,000.00 NO NO NO NO NO NB 4,800 I % inch National Dura-Pak attack the $6,82400 $8,064.00 NB NO NO NO NO NB I 4 R. couolod In 50 ft. sections with 1 Y, Inch x 1,000 1% Inch NationalDure- Pak'FaslAttack' $1,380.00 $1,680.00 NO NO NO NO NO NB R. attack line coupled in 50 R. sections with 1 _ 4,900 1 Inch Forestry line coupled In 50 ft. $3,724,00 $5,179.30 54,459.00 NO NO NO NB $6,07600 6 ff. sections with 1 Inch NST Pvr cite Section 2 - Noules and Adepters Task Force Tip HML-VPGI Mid-Mauc 70- 40 530,200.00 $18,40000 $18.110,50; NO NO NO NO $25,800.01 200 m automatic nozzle. I 14 Task Face Tip HMDSTO Mid-force 70- $9,100.00 $5,638.00 NO NO NO NO NO $7,1}10.00 2 200 duelpressure automatic nozzle. 3 14 Task Force Tip H-VO bail-type shut off $3,850,00 52,45000 $2,495.22 NO NO NO NO $3,220.00 valve with 1 Ya inch NST. 4 14 Task Force Tip H-2V 50350 gpm autornalic nozzle with 2 $13,822.00 $1,108.00 $7,045.22 NO NO NO NP, $9,688,00 Y. NST. _ 14 Task Force Tip H.2BLITZ 50350 gpm NS N3 NO NO NO $11,410.00 5 automatic nozzle with 2 Y. Inch NST with $13,822.00 $8,722,00 6 14 Task Forca Tip B-FGH 10.125 gpm automatic nozzle with 1 Inch NST 966 $5,740.00 NO NO NO NO NO $7,688,00 . 30 Task Force Tip D 1024 Twister series 10 NB NO NO NO NO $2,175.00 7 d 24 m dual albn a nozzle with 1 $1,170.00 $1,110.00 8 0 Task Force Tip D 75 0 ball valve with 1 $2,010,00 $3,630.00 NB NO 149 NO NO $4,59000 nch NST 14 1Task Force Tip FJ-MX-HM Air-aspriating NO $2,156.00 NB NO NO NO NO 52,926.00 9 foam-makin attachment, 1 i i I x ATTACHMENT 1 TABULATION SHEET Bid # ?s1Q DATE: 3-25-11111 Fire Fighting Equipment f No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR k Rescue 3 ! Casco Fire Supply, Rescue Neat Four Alarm Firestorm Industries, Inc. Inc. CMC Rescue Concepts Associates Rs Fire 10 10 Akron #78 rope hose tools. $300.00 $320.00 NO NO NO $320.00 NO $31000 111 12 Elkhart 0470 sparlnerlhydranl wrench holder with s nnero and hydrant $1,058.00 51,080 00 $1,044.60 NB NO S4,164.00 NO $1,092.00 12 20 Akron 015012 Y, x 1 K x 1 X Inch NST ated e, $3,180.00 $5,800.00 53,186.00 NO NB $8,540.00 NO $3,3c 1.00 13 6 Akron 012823-way dapper Sismese2'Y, $1,464.00 52,022.00 $1,461.66 NB NB $2,286.00 NO $4,380.00 x 2 K NST female to t Y, NST male. 14 42 Akron 0338 2 Ye NST double male, 5180.00 $432.00 $t42.86 NO NO $324.00 N8 $188.80 site. + 16 12 Akron 0338 1 Y, NST double male, 5144.00 $36000 $107.04 NO NO $408.00 NO rolile 5154.80 . , 16 12 Akron 0335 2 Y, NST double female, rails $324.00 $780.00 $237.72 NO NO $732.00 N8 $297.00 . 17 12 Akron 03351 X NST double female, $240.00 560720. $172.44 NO NO $62400 No $274.80 Pyrolits. 18 12 Akron #337 2 Y, x 1 Y, NST reduoer, $19200 $276.60 $154.56 NO NO 5384.00 NO 5166.80 Pytolite. Akron #337 1 X x 1 Inch NST reducer, 19 12 a;,P $192,00 $297.00 $148.68 NO NO $324.00 NO $166.80 20 12 Elkhart #S4 54 hydrant wrenches. $372.00 $357.80 $389.76 NB r,n1 $588.00 NO $384.00 21 6 Akron #583 hose rollers. NO $90740 NB NO NO 51,020.00 NB $96400 22 8 Akron 02958 95 ppm 1 Y, k,ei, NST foam educta $2,632.00 $2,722.40 $5,704.40 NO NO $2,200.00 NB $2,944.00 . _ 23 0 FSB 50 5 inch Stolz blind caps. $39200 $37360 $38200 NO NB NB NO $39200 Snap-Tits FSA 50 R 45 NST 5 Inch S1orz r 24 24 to 4 Yo itch NST female swivel. $3,792.00 $2,635.60 $2,616.00 NO NO NO NO $,.am Do Crossfire Package mentor, 5" Stolz, 25 4 #XFC•52 $15.48000 $9. No 00 NO NO NO NO NO 5139,T00 00 20 4 Slorz Adapter, 2.2,5" clappered swivel NO NO NO NO 1718.00 Inlets to 5" Slaz ads ler 4AC2NJF•1ST, $918.00 $1,124.00 NO i 2 C ATTACHMENTI TABULATION SHEET Bid #Q DATE: 3.25.99 j Fire Fighting Equipment No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Rescue 3 Firestorm Casco Fire Supply, CMG Rescue Rescue Neal Rescue Four Alarm Industries, Inc. Inc. Concepts Associates Fire Source 27 2 Pro Pack foam unit, NUM 12, NB $1,350.00 NB NO NB NB NB $1,570.00 28 2 Piercing Nozzle (Pro Pack), NU-PN12. NB $252.00 NB NO NO NB NB $320.00 29 2 Mounting Bracket (Pro Pack), NU-B. NB $128.00 NB NO NB NB NB $158.00 30 2 50 R inlet hose (Pro Pack), NU-HOSE, NB $176.00 NO Na NB NB NB $214.00 a1 31 r Hose tester, NGFE-Hr-I.Sc $1,465.00 $1!81.65 1,728.46 NB NO NB NB $1.825.00 Optional equipment: H' h- essure washer OQ 50' 3/8" hos _Spray gun with wand Saa and wax eductor Car artment Stora a Brackets, crossfire j 32 4 monil NXF-B. g (crossfire NB $350.00 NB NB NB NO NB $450,00 33 1 Hose coupling machine, Red Head, Brute N13 $4,42200 $4,066.18 NO NB NO NO 54,798.00 Include the following 1 Red Head 16154 1 Y:" ex nsion 1 Red Head, 16167, 1 Y; expansion 1 Red Head 16171 2 Y.' ex nston 1 Red Head 18173, 3"ex enskmiand 34 4 3-way ban valve, 5' Sbrz to (3) 2.5' HST, Se.j24.00 $2,133.00 $2,067.12 NB NB NB NB $2,100 o0 Snap-Tile, ; Norlhline BBASS Piston intake valves 10 with caps, 5" Slorz x On NST. $7,290.00 $7,582,50 $12?57.70 NB NB NB NB $30,210.00 35 3 5" Sion to 4" NST with cap, 30 degree $591.00 $528,00 $489.75 NE NO Na NB $534.00 36 elbow Snap-Tile. 8 2.5" NST x 2.5' NST with caps, chrome- $792.00 $1,388,00 $734,00 NS NO NB NB $738.00 37 plated, 45 degree elbow y 38 1 Hose clamp, Akron, N159oLDH NO NB NB NB NB NB NB NB W 3 Gate valve, 4" NST - 5" Storz with relief 51,938,00 $1,738.20 $1,590,00 NB NB NB NB $1,75500 valve and 30 degree elbow. 3 l' F, ATTACHMENT 1 TABULATION SHEET Bid # 2= DATE: 3-25-99 Fire Fi htin Equipment NO-1 Coy. 1 DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Supply, Rescue 3 Four Alarm Firestorm Casco Fire CMC Rescue Rescue Neal Rescue Industries, Inc. Inc. Concepts Associates Source Fire 6 Elkhart gated wye, 1 K' W 2 Am NOT, 08- $744.10 $1,255.50 $949.80 he NO $1,728.00 NO $1,008,00 40 100-LAF, 4 2 Pilot gouges, Akron, Style 31 with 91000 NO $61625 NO NB NO NO NO 5660.00 friction boa calculator and case. 42 4 FSO 60 6Inch Slorz Wind Ceps. $19600 $18880 $191.00 NO NO, NO NO $19200 Part 3 - Salvage L4ulpMnt Y 1 6 Tempest NOD24-H-6.524-Inch bell drive $10,140.00 $9,570.00 NO NO $10,050.00 NO NO 510,650 03 sitrve pressure fan with Fonda esoline 2 12 Salvage covers 12 oz. Duck, 12 x 14. $1,680.00 $951,60 NO No NO NO NO $1,224.00 2 24' Model M24-TS Electric Tempest $2,760.00 $2,406,00 NO NO $3,35000 NO NO $2,660.00 3 Fan. 4 8 114 8 oz. Vinyl Nylon Salvage Coven, 12 x $1,360.00 $777.60 51,080.00 Ni; NO NO NO $880.00 2 Standard ducting for Tempest 8D-24- $2,080,00 $1,850.00 NO NO $1,298.00 NO NO $1,870.00 5 H65 24' in 25 R. lengths , 6 1 Coot ?one (Work Zone) cooler ran. NO $546,75 NO NO $705.00 NO NO NO 1 27" BD27-H-13 Tempest, Honda Motor, NO NB $2,064.00 NO NB $2,050.00 7 Positive essurefan. $2,250.00 $1,611.00 I Part 4 - Assorted Tools LA Trash tack, ZiameW #R U-6-13 with 48 12 Inch 00" andb NB $1,251.00 $883.40 NO NO NO NO $852,00 . 2 6 handle, shovel, 48 Inch fiberglass NO $224.40 NO NO NO NO NO $156.00 JI 3 6 Sq we point Mvel, 48 Inch Bberglass NO $224.40 NO NO NS NO NO $168.00 he le, I . A 4 12 Halgan tool, 38 inch. NO $135,00 NO NO NO NO NO 51,500.00 5 6 K-Tool, Halprin #KT-100, NO $51990 $531.30 NO NO NO NO $578.00 4 c ATTACHMENT 1 TABULATION SHEET Bid # 2= DATE: 3.28.99 Fire Fig htin Equipment No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Rescue 3 Firestorm Casco Fire Supply, CMC Rescue Rescue Neal Rescue Four Alarm } Industries, Inc. Inc, Concepts Associates Solutes Fire Ziamatic #AC-1 wheel chocks and _ 6 8 mounting brackets NB $835,20 $760.40 NO NO NO NO $336.00 . 7 12 Portable fioA rights, Tole-LITE, Model P- NO $2,821.80 NO NO NO NO NO $2,146.00 5 Fire power plug, 8 4 logic 501 Gas Detector, with compiete NO NO NO NO NO NO NO $9,64000 calibration kit. j 9 6 Elloclrkal Junction Fire Power, Model FP- NO 5811.70 NO NO NO NO NO NO 40. 0 8 Three-outlet rollover block, model Fil NO 5611.75 NO NO NO Na NO NO 15 R. Pack Cloth Orange Throw lire NO $64560 NO $940.80 NO NO NO $672.00 11 16 Sags 0291215 CMC . 12 4 Fiberglass handle, pickhead axe. NO $11800 $146.48 NO N6 5100.00 NO $11400 13 4 Fiberglass handle, flathead axe. NO $104.00 $130,48 NO NO $15200 NO $10800 14 2 Extinguisher, 20 lb., dry d:emical. NO $149,50 NO NO NB $186,00 NO $158,00 15 2 Extinguisher, 2.5 gallon, pressurized NO $15800 NO NB NO $13600 N9 $118.00 walea _ 16 2 Extinguisher, 15 lb., C02. NS S95,00 NO NO NO $398.40 NO $35000 17 8 Hydrant Straps without loots, Carley NB NO NO NO NO NO NO NO AC960. Modified Ouic-Flip unit, Model MOF-1. NO NO NO NO NO NO $185.00 1 a 1 SCBA holder. $169.20 19 16 #FSPIJ - 1 spanner wrench set with NO $989.60 NO NO NO NO NO $880.00 holder. 20 1 SCBA Testing unit for Draeger Ak Packs. NO NB~ N9 NO. NO NO NO NO 21 8 Gall's Car unlocking tools, K-LT018 NO NB NO . NO NB NO NS NO 22 6 Gall's Car unlocking tools, K-LT025. NO NO NO NO NO NO NO NO 5 I X ATTACHMENT 1 TABULATION SHEET Bid # 2JQ DATE: 3.25-99 j Fire Fi htin E ui ment No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Rescue 3 Casco Fite Supply, Rescue Neal Four Alarm Firestorm CIVIC Rescue Rescue Industries, Inc. Inc. Concepts Associates Source Fire Section 5 - Communications I:! Fil Y Motorola model NMCS2000, Type 3, NO NO NO NO NO No NO ' NO 2 Smart Net with Dual Head. 'T 2 S Portable Motorola Radios. NO N8 NO N8 NO NB NO NO MDC (Pentium II Mobile Micro 3 2 NO NO NO NO NB Na NO NO Processor 4 2 Set of 4 Siplronics, Model FES Dual Ear NO NO NO NO $7,000.00 NO NO NO with Rex boom headsets. y Intercom box:: work with Motorola NO NO NO NO $1,160.00 NO NB NO 5 2 NMCS2000 SI 1roi NUF 45F. pit Section S - Rescue Equipment 4 Amkus NOT2S•XL2 Tool Simi Power unit. NB NO $18,253.88 NO NB NO NS NB l 2 4 Amkus N30CX 32 Spreader, 32 inch. NO N9 $18,14,40,18 NO NO NO NO N9 3 4 Amkus 025 heavy-duty cutter, NS NO $9,862.08 NO NO NO NO NO s 4 4 Amkus 040 Push-pull Ram, 40 inch. NO NB $6,035.72 NO NO NO NO NB 5 6 Ami 20 R. pump hose, W NB $1,436,92 NB NB NO NO NB 6 4 Amkus Oulck adjust chain package. NO NB $1,877.68 N9 NO NO NO NB 7 4 TuN 00 6 WWood Boss Chalnsaw with 20 NO NB NO NO NB NO NO NO inch bar and a carblde-tipped 3!8 in r 8 4 SIU NTS460 Rescue sew with csse end NO NS NO NB No NO NO NB belt. TN 12 T'Denver" tool, 40 Inch handle, 8.6 lb. NO $2,092 ,20 NO No Na NO NO $1,980A0 head. 101 1 Ar7us Thermal Imaging Camera. NO 515,600.00 NO NB NO NO NR $17,150A0 8 I ATTACHMENTI TABULATION SHEET Bid # 23.4 DATE: 3.25•99 Fire Fi hiin E ui menl VENDOR VENDOR. VENDOR VENDOR VENDOR VENDOR sscDue3 VEN No DESCRIPTION . Rescue Neal Four Harm Casco Fla Supply, ri9awe CMC Rescue Associates Fve Ftrastorm Industries, Inc. Inc. Concepts Source NB NB NB NB Holmatro Rescue Chocks and 51000. NS $430.60 NB NO 1 2 Packs We 07 58 562 004. 12 18 CIVIC Figure 8's, 0312814. NB $310.40 NB $548.00 $493.28 NO $504.16 $364.00 CIVIC Carabiner Oval Non-locking. NO $87.20 N9 $130.40 $12.00 NO 5120.00 $8800 18 #319001. 13 14 20 CMC Carabiner Stainless Steel 0324001. NB $579.00 NB $194, NO $248.68 $.0 - $273.00 CMC Carebiner Rescue Sleel•lockirq, NB $295.80 N9 530400 15 ' 6 #300110. CIVIC-K000, Industrial Reese Chest N9 $817.50 NB 100.00 $1,080.00 NB $1,104.00 590090 16 10 Hsmess. 0202823. NB 81,618.00 $1,250.00 L'MC-Row: industrial Rearue Harness, NO 51,208,50 NB $1,650,00 $1,480.60 it 10 #202614. CMC Rope Hag, orange, 250.300, 26" x NO $127.20 NO $174.00 $156,60 NB $160.08 $13800 18 8 10" 4430301. CIVIC 75' Pack Cloth, orange, throw-line NB $322.80 NS $41040 5415.84 N9 $432.80 5338 19 8 be s #291275. 8 CMC Survivor Belts, L-XL, #202424. N9 $938.80 NO $1,192.00 $1.07260 NO 51,096.64 NS 20 NB $476.58 NB The Rescue Source, Mark V Huse NO NB NB NB NO 21 2 Inflation S stem Deluxe Kit #FM51100. NB NO NO $4,045A0 NB The Rescue Source, Rescue Rocket - NO NB N9 NB ` 22 2 Prolassional #Tp9000.5. NO NB Ng NO $8,480.00 23 2 The Rescue Source, Raft Kits, #RB500 i. NB NO The Rescue Source, Pett1 Ecrln Roe NO $232.40 NO $250.92 5288.40 NO $270.48 $240,00 24 4 Helmets #HL6120. NO S456.00 The Rescue Source, Aqua is Radio NO NB NO NO NB $261.26 25 6 S !ash Ba s #83131. The Rescue Source, PMI Radio Chest NO NO NO $132.60 $142.00 NO $146.38 WD(l 26 4 Harness #HA1250, NB 528864 5287.80 NB 5294.24 5246.00 The Rescue Source, King Pelican Hand- NO $200,00 27 4 held l' his #FL7115. 7 i l , w ATTACHMENTS TABULATION SHEET Bid # 2= DATE: 3.25.99 Fire Fi htin Equipment No. QtY, DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Rescue 3 Casco FieSu Firestorm pply, CMC Rescue Rescue Neal Rescue Four Alarm Industries, ft inc. Concepts Associates Source Fire The Rescue Source, MPI Ernergengr 28 15 Strobe NSD784S NB $295.60 NO $318.75 $322.50 NO $331.20 NO . 29 4 The Rescue Source, Pelzi MEGA NO $184.20 NB $197.20 $514,90 NO $202.40 $191,00 Headlem s 01-1E6300. 4 The Rescue Source, Petit Helmet Clips, NO $8.80 NB $9.52 $10,08 NO $34.04 NB 30 #HE6401, 31 1 •NFPA92mlllirrteter NO $948.60 ua NO NO NO NO NO PMIhaul and NFPA T bela A.C. lines, with NK7AC 92 . 32 1 PMl NFPA 2 Rig Kit, #KZR-NFPA NO $400.20 NO NO NO NO NO NO 1 Vetter Alr Beg System with all controls NO $6,616.55 NO NO NO NO NO NO 33 and hoses 234 ton. 1 Oulck•Tote container only, Dartey #OTC NO $143,25 NO NO NB NO NO NO 3a 2010.125-000. Aluminum Peck Box for Ouick-Tote, NO $91,80 NO NO NO NO NO NO 35 1 Darla NOT-PB 2010.140-000. 2 Whip end Dip Rope Sealer, Red, NO $9.10 NO $11,46 $10.50 NO $12,42 $990 36 #294004, 2 Whip-end Dip Rope Sealer, While, NO $9,10 NO $11.46 $10.60 NO $12.42 $9,90 37 #294005. Whip-end Dip Rope Seals-, Green, NO $9,10 NO $11.48 $10.50 NO $12.42 $9,90 38 2 #294006. The Rescue Source, Carlson River 39 2 Rescue NSDI655 NB $511.20 NO $511.20 $511.20 NO $522.68 NO . ao 12 The Rescue Source, Churchill Swim Fin, NO $47460 NO $47412 $474 00 NO $48528 NO #FN2800. 600 Ft, KO3166 Y, inch New England, NO $16600 NO $1,120 00 $969.00 NO $1,030.0 $100.00 a 2 KM3 Static Kernmantle Roe. blue with t 2 600 Ft. K00166, Y, inch New England, NO $612.30 NO $00.00 St640Ao NO 031.60 $608.00 a2 KMN Static Kernmantle Roos, white with 43 1 300 Ft., 7mm #293017 Pru sic Cord. NO $14.25 NO $111.00 $00A0 NO S102,00 $1600 44 12 Numinum-locking Carabir.3r,#300123, NB $12860 NO 1189.20 $118.80 NO $110.64 $135 00 B ' I I I ATTACHMENT 1 TABULATION SHEET Bid #Q DATE, 3.2640 Fire Fighting Equipment No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Ca806 Fire Soppy, Resew Ned F,esCUe 3 Four Norm , ,r 1111 r II „Ilil;, Firalam Indwtrke loC. Inc. CMC Reecas Cmo" Mwckue FA Rescue I'~ir rl'I i131i .r1' 11 W! II', {Illilr, , SO" Tit . 45 11 Rescue Randy, DarWy, NACO6S-166. NO $766.96 NO $142.60 $76316 NO NO 1940.00 NOTE: The dollar amounts reflected indkato quanft totals not per each price c n w I D 1 EM t ' I I 1 I ~l ORDINANCE NO. { AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THFREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2350 - FIRE FIGHTING EQUIPMENT AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF $238,178.46). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employ ee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services ks shown in the "aid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropria6in of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on rile In the office of the City's Purchasing Agent, filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items; BID I NQ, VENDO ITEMS OF AWARD AMO 2350 Firestorm Section 1 Item(s)1.6, 10,12,31,35,40 $70,209,00 2350 Casco Industries Section 2ltem(s)1-9, 20,21,23,15,27,30,32,41 Section 3 Ivrn(s)1.6 Section 4 ltem(s)5,9,10,11,13,14,16,18 Section 6ltem(s)10-12,14.20,24,27-35,43 $123,186.10 F 2350 Fire Supply, Inc. Section 2 Item(s)l1,13.19,24,33,34,36,37 S 13,442.42 2350 Four Alarm Fire Section 2 Item(s)16 Section 4 Item{s)1 4,6 8,12,13,19 Section 6 hems(s)9 S 18,608.00 i 2350 Neel & Assoc. Inc. St.%tion2ltems(s)22 S 2,200,00 r 4 23$0 Rescv.,Concepts, Inc. Section 6ltem(s)13,26,44,45 S 1,116,35 2350 The Rescue Source Section 6ltem(s)21,22,23,25 S 9,416.39 t 4 SECTION I.I. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quatdities and for the specified sums contained in the Bid Invitations, Bid F Proposals, and related documents. SECTION 111. That should the City and persons submitting approved and accepted items and of the subrr itted bids wish to enter into a formal written agreement as a result of die acceptance, approval, and awarding of the bids, the City Manager or his designated representative Is hereby authorized to execute the written contt:st which shall be attached hereto; provided that the written contract is in hccordance with the terms, conditions, specifications, standards, quantities and speci fled sums contained In the Bid Proposal and related documents herein approved and accepted. SF,CTIQhl IV. That by the acceplance and approval of the above numbered items of the submitted bids, the City Council hereby rithorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECjiON V, That this ordinance shall become effective immediately upon its passage and approval. I PASSED AND APPROVED this day of .1999. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPRO% ED AS TO LEGAL FORM: HERBERT L. PRO`JTY, CITY ATTORNEY BY: 6101)10 • SU'PPLY' OKU NANCE. f t ' c . I~ - Ao" N* 1*M Ip>h AGENDA INFORMATION SHEET f)ale .4E-/0-q9 AGENDA DATrt May 18, 1999 Questions conceming this acquisition may be directed DEPARTMENT: Purchasing to Cary Tower 349.8424 ACM: Kathy Dullose, Fiscal and Municipal Services SUBJECT, AN ORDINANCE ACCEPTINO COMPETITIVE BIDS AND AWARDING A COVTMCT FOR THE PURCHASE OF 'i 4' UCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS TREREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2363 - TRUCK BEDS AND BODIES AWARDED AS LISTED BELOW IN THE AMOUNT OF $27,226). BACKGROUND, I (See attavhed Tabulation Sheel) I RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications for each item as Iisted below: I ITEM QTY DIEyCnR'1IOII sUmnlit /k~9T, 1 2 Utili Bod l Ton Eat Cab CornmercialBody $5 ,91' qct, $11,846 2 1 Utility Body 1 Ton FL Worth Truck $5 ,470 $ 5,470 3 1 Dumping Flat Bed Ft. Worth Truck S4.660 S 4,660 3A* 1 Dumping Flat Bed AO Van $3,250 S 5,250 ' Total $27,226 The lower price offered by AG Van on bid item 2 failed to meet minimum gauge steel for door constnution, r • One dump body was ollgir,ally bid however, two dump bodies are now requirA, Ft. Worth Truck will only sell one unit due to a pricing error in their bid, We are therefor recommending award to the next lowest bidder for the second unit. f ESTIMATED SCHEDULE OF PROJECT, the delivery schedule for the li3led truck beds and bodies varies from 30.56 days after receipt of order. FISCAL INFORMATION: Funds for the purchase of this equipment will come from Motor Pool Replacement Fund account t f )r"\ (720.025-0584-9104). r i r 'I M AGENDA MORMATION SHEET MAY 18, 1999 PAGE 2OF2 BID INFORMATION: This bid is for the acquisition of truck beds ari bodies to be mounted on four new truck cablchassis previously approved for purchase by City Council on January 19, 1999 (Ordinance 99.018). a Item I Utility Bodies Electric Distribution Division s Item 2 Utility Body Water Metc.ing Division • Item 3 Dump Bed Drainage Division a Item 3A Dump B&d Street Division All cost of mounting is included in the bid prices. RespectlWly submitted: Tom Shaw, CY.M., 349.7100 Purchasing Agent Attachmv.t 1; Tabulation Sheet 12Ir,AaDOA i l u c I i 4- ATTACHMENTI TABULATION SHEET Bid # Ma Date: 4/27143 Truck Beds & Bodies No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR 77- ETi EQUIP FT. WORTH COMMERCIAL FONTAINE AG VAN TRUCK & TRUCK BODY EQUIP TECH INC. e. FLMI~ ord moo I x3e. W CA, AT 6UW $7,855 y6,923 N8 $5,878 $$,052 I Utility Body be I Ion Super Duty Ford $5,470 $6,470 $5,438 $5,850 $5,908 2 ea. model F56, CA, AT dual wheel I Body, dumplrg Aawed br Ford Sups $4,860 $5,170 $5,260 58,345 NB Duly F58, 64 CA, AT duW WNW 3 ea. ' -T i , w i i 4 I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2363 - TRUCK BEDS AND BODIES AWARDED AS LISTED BELOW IN THE AMOUNT OF $27,226). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown iu the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown In the "Bid Proposals" on file in the Office of the City's Purchasing Agent, ve hereby accepted and approved as being the lowest responsible bids for such items: S BID ITEM NUMBE M- VENDOR AMOUNT 2363 l COMMERCIAL BODY 511,846 i 2363 2,3 FT. WORTH TRUCK $10,130 2363 3A AG VAN $ 5,2$0 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III, That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter Into a formal written agreement as a result of the acceptance, ! t; approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related doe% ments herein approved and accepted. t c, SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor In the amount and In accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: ! i HERBERT L. PROUTY, CITY ATTORNEY i BY: 2363 SUPPLY. ORDINANCE y l t 1 i AGENDA INFORMATION SHEET AGENDA DATE. May 18, 1999 i DEPARTMENT: I Oity Administration ACAI; Howard Martin, Assistant City ManagcCUtilitiei *V~ SUBJECT: An ordinance authorizing the City Manager to execute Supplement Agreement No. I to the Park Mainlenarce Contract between the Texas Parka and Wildlife Department and the Cities of Dallas and Denton, Texas; and providing for an effective date. BACKGROUNI2; In December two, the cities of Denton and Dallas ("Cities") entered an agreement with the Texas Parks and Wildlife Department ("TPWD") to operate the recreational facilities associated with Lake Ray Roberts, This agreement covered the parks at Isle du Bois, Johnson Branch, Jordan Unit and the boat ramps located around the lake (approximately 4,238 acres). ht 1993, the U.S. Corps of Engineers ("Corps") and the Cities epproved the development of the Greenbelt. Completion of the Greenbelt is scheduled for May of this year. Upon completion, the Corps will lease the 2,426 acres to the Cities for operation and maintenance. The attached agreement would then subleas- the Greenbelt and associated responsibilities to TPWD. ESTIMATED SCHEDULE Of pROJ ..T: The agreement has been approved by City of Dallas staff and is schcuided for Dallas council approval at the end of April. A Preliminary review by TPWD staff indicates the need for a few minor changes. Once these changes arc completed, the Cities will forward a,e agreemcrl to Andy Sansom, Director of the TPWD, for approval. i A grand opecing event is tentatively set for May 150. The event will include canoeing, a n ttm, a bike ride, and a horse ride, Mark your calendars! { G i PRIOR ACTIONIUVIEWr The Public Utilities Board approvod the Agreement March 15, 1999. The City Council was briefed at their March 30,1999 work session meeting. j:MALINFORMATION* In exchange for the TPWD operating and maintaining the Greenbelt for the Cities at no cost, the Cities agreed to lease the Greenbelt at no cost to the TPWD. Res tfuliysubmitted~ Howard Martin ACM for Utilities Prepared by: Juli m i on en ompliance manager 11.. ` Fxhibit I: Contract . ' 'A ~1r~ c Y c A ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT AGREEMENT NO. I TO THE PARK MANAGEMENT CONTRACT BETWEEN THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE CrrIES OF DALLAS AND DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT[ N I. That the City Manager Is hereby authorized to execute Supplement Agreement No. I to the Park Management Contract between the Texas Parka and Wildlife Department and die Cities of Dallas " Denton, Texas, a copy of which is attached hereto and Incorporated by reference herein. SECTION H. That the City Manager Is farther authorized to take the action and make any expenditures required by the attached Agreement. 5,ECItON Ill, That this ordinance shall become effective Immediately upon Its passage and approval PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WAL TERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY r;~(~ e dNAII[PD0/7101d Durinw'Alwerl~~M m~nw ywnri.M 3 ~ I i I i NOI rat ~iin Vt iLtll.tl ; 3 ss ; t 33Fli ; DIU FACILITIES-817MMI20 ;s V 7 . SUPPLCMENTAL ACREEMENT NO. I PARK MANAGEMENT CONTRACT BETWEEN TEXAS PARKS AND W U.DLWE DEPARTMENT AND 11U MMS OF DALLAS AND DENTONs TEXAS This Supplemental Agreement No. 1 to that oertain Perk MaruiWent Contract dated June 3, 1991 ('0riginal Contract') made end entered Into by and between the Chia of Dallas and Denton, Tcw (herolnaAsr called 'Cidial and the Tani Parlu and Wildlife Department (•TPWD') each party sting through duly authorized oftials. WITHESSETH, WHEREAS, the constrw1on of Ray Roberts Lake (hereinafter apd the'Project7 wu authodsd by the River and Harbor Act of MS (Public Law 19-298,79 SUL 1091); and WHEREAS, the Cities have contracted with the United Suede of Amens (hereinafter called tM'Oovtnameat') under oontract numbers DAMS.10-G0106 and DACW63-104107 to administer Project land and water arses for recreation purpose and to operate, malnlala, and replace facilities provided for such purpose; and WHEREAS, the Cities and the 0over ment understand the preservation of the Rey Roberts lake water supply and water quality us the top priorities; and 1 i WHEREAS, on December 19, 1990, Lou No. DACW63.1.91-0S43 (herenafter alld the'recreatlonal (sctlitics lease') was. entered Into by and between the Oovwmoem and the Cities In oos unction with the above contracts, wh"y the Cities ware granted the use and oocupastoy of spproximately 4,238 asst of land and water for pubric past and reaeatiatat pttrpow at Ray i Roberts Lake, Texas for a term of AAy (50) yasrs beginning DomAw 130 1990 and ending December 12, 2040; and WHERW, TPWD Is generally audtortsd to administer park lands such as those on the Project under the reaeational (acuities tease for State reanadomd purpose, snd to opera, maintain, and replace (Wlitlos provtdd for such purposee, and is empowered to contact Ibr such purposes udder suthodty conferrd by Chapter 13, Texas Parks AM W WIh Co(* and WHEREAS, TPWD noopWrig the recreational potentW and suitabliity of the Project for State Park purpose, entered into a contirod with the Cities dad June 1991, and "Mined msoagement, operation, maintenance, and replacement resporaibilhles for designated park area and access potnts; and WHEREAS, the Cities and the Ooven m m emend into Supplemental Agreement No. I to recreational facliklos, adding to previously (wed premiw an addhlwW 1,126 acres of lard and ueu of Wed towed by water for well" development and an additional 1,900 acres of land and areas of land covered by water for recreational purpose In sin area knows u tad hwm*m nflsrred to as the'Oreenbeh;' and WFMRM, TPWD wMiao to resume additional naartepmen% operation, malinumnse, and repiacement responsibilities to tamp and FMM tM Om nb* WN01i Indudee tM conservation euement as regtdnd by Supplemental Agreement No. I to the recreadorW heilkles lease, . Pap•I• EXHIBIT 1 d JNL tALILHIES-617566812t a 51 7 NOW, TtWRFFOfLB, by mutual &Veement of the parties hereto, tiie Original Contract is amended in the following respects only; 1. Ail references to 'Exhibit A" In the Original Contract am amended to read "Exhibit A and Exhibit E' (the leas and Supplemental Agreement No. I to the lease). A map showing the location and general description of the Granbelt and the wetlands development areas Is attached , to and made a part of this Supplemental Agreement as Exhibit 'A• 1,' 2. Paragraph 1 of the Original Contract is amended to read as follows: "TPWD shall be responsible fix all the operation, malmensnee, and replacement responsibilities of the Cities under Contracts DACW63-80-C-0106 and DACW63-80-C• 0107, and the additional Project lands that Include the Oroenbett mentioned In the Supplemental Agreement No. i to the lease and which are more fully shown on the att&" Exhibit 'A-1,' which is attached to and made it put of this contract as if written word for word herein, A Growth Management Plan will be developed by the Cities, which will address and formulate water quality, recreation, development, and growth guidelines in coordination with TPWD. When completed, the Growth management Plan will be attached and made a pan of this Agreement for all purposes, and TPWD will use the Plan as a guideline In its operation, )maintenance, and replacement responsibilities larder this Agreement. TPWD War agrees to contact and consult with the Mks for all capital Improvements that might affect water quality of the lake. TPWD will assume said responsibilities only what, each park (X seem point Is fenced alb the hellltlu are complete and accepled by the Cities. 7PWD shall not be obligated to operate and malntaln tends, etructwoo, facilities such as dams, spillways, and outlet works roquired for control and regulation of the walers stored in the reservoir, the acoeas road to the dam, or any project visitor facilities constructed In conjunction with these works. TPWD shell be responsible for truh removal on all Project lands subject to this Agreement. TIM shall comply with all applicable laws, Including, without limitation, the Clean Water Act and the Safe Drinking Water Act to prevent the Impairment ofwater goality,' ` 3. Pamgmph 6 of the Original Contract is amended io read as follows; "TPWI) shall contact the Cities prior to making Initial contact with potential oontractors for capital improvements and with prior rMow and approval or on Government sand the Cities, TPWA may grant sublease or all or portions of the Pro)ect lards tbt purposes that are consistent with this Contract. Conoaatons, licenses, conoession contracts, subleases, and otha agreemema shall be consistent with a Growth Management Plant to be developed by the Cities. TPWD shc'I subr~nnhall conceals and sublessor, plans and specifications, and other documents showing the dltign'and construction of oche recreations! heilities to the Cities for review and approval prior to grandag seine. 1U Cities will have sixty (60) days to review and ove or disapprove such documwA which approve! shall not be , unrouonabty wi d. Within that sixty (60) day peiod the Cities will submit any commants, requests for changes or questions cottcarning the doaments in writing to i TPWD, If the Cilia do not indices in writing their approval or disapproval of the documents within the sixty (60) day period, TPWD may auume the submitted documents ' are approved. Ali such contacts and Wass% shall be consistent with the term and conditions of Exhibit A (the tease, as amended) which shall be incorporated Into escfa document for reference and the Muter Plan.' C, • ~wx . unl tdCll IIiES-b175ftia120 t 61 7 4. Ths WSlnsl Contract Is amended to add new Paragraphs 12 and 13 es fbllowr • 12. TPWD shall provide the Cities the Ray Roberts State Aanw1 Plan of Operation and maintenance ('Annual Plan') on reoreadonal sadvides at Ray Roberts Like, Including but not limited to operation and maintenance acivities, visitation, revenues pnerated, expense and other reo am oval activities related to oomplianoe with this Contract TPWD will also submit to the Cities the Annum Pier on recrational actinides at Ray Roberts Weq Iwotpo Wq the GreMbell Muter Plan, no later than sixty (60) days Mm the and of Mach anal year. 13. The City of Denton shall be nsible for the opwulon„ maintenanoar and teptaocmett reeporaibillty of the wetiaads management ama Denton *Ali provido an annual written report fetWdroi the wetlands maawnism weer to Dallas within stay (60) days uW the and of Dwwt?s ileal year. The written annual report should Sernarally describe Demons &WYWes In the pest year under this paragraph and present any saw or problems that requite disewslob or Joint decision by the Cities. A copy of the annual Worth shall b Ofm to the OovemmerK, tlimSh the U.S. Army Corps of Eoginsem Port Except as amended hereby, all other tens, provisions, conditions, and obliptious of the original contract between the Cities and TPWD shall remain 1n lull km and sweat, and the Ordinal Contac, as same may boys been previously amended, and this Supplemontal ASmwa rat No. I shall be construed together as s single contractual Waco d. 6. If any section„ subsection, waswk sentence, alws, OWAK or Word In Ale Supplemental Agreement No. 1, or aappplicadon thereof to any person or oLnumdow is held Invalid by any court of competent M101146% such holdinS shall not a0bot the validity of der rerraMinS portion of this Supplemental ASnemaM No. 1, and the paces hemo hereby dsolste that they would have enacted such icaWnins portions despite any such Invalidity. EXECUTED as of the day of I M, by do Cities, caning by and through their duly authorised o!!ltcials, and by TPWDn itkoush hs duly ardrorW Awak TEXAS PARK% AND WILDLIFE 1 DEPARTMIQT B Arodrew Sataortt, Executive motor APPROVED AS TO POLY: CfIY OF DALLAS y ANGELA K. WASMOTOK T 1.8ENAVIDES, City i r IMerint City Attorney MOW BY BY Assistant Chy Attorney Assistant CWy MAmgen gar - c U L;RL, ra~lu IItJ-b1~5668120 7/ 7 ATTBST: CITY OF DENTON• TEXAS . BY BY 7ennifer W~Iten, City szii y+" eh"I W,144 Cky Mani APPROVED AS TO LEGAL FORM: HERBERT W. PROUTY, City Altorncy aY I t v r\ i . 7 1 t l'nv~ A006 llattl G AGENDA INFORMATION SHEET AGENDA DATE, May 18,1999 DEPARTMENT, Utility Administration ACM: Howard Martin, Assistant City Manager/Utilitiesv\., SUBJECT AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMENTAL, AGREEMENT NO. 1 TO LEASE DACW63-1-91-0545 THE CITIES OF DALLAS, TEXAS DENTON, TEXAS, RAY ROBERTS LAKE, TEXAS WITH THE CITY OF DALLAS AND THE SECRETARY OF THE ARMY (GOVERNMENT) EXPANDING THE LEASED AREA TO ENCOMPASS VARIOUS WETLANDS DEVELOPMENT AND THE GREENBELT, AND PROVIDING OTHER CHANGES AS SET FORTH IN MORE DETAII, IN THE BODY OF THIS ORDINANCFI AND PROVIDING FOR AN EFFECTIVE DATE, BAC~NM In August of 1980, the U,S. Army Corps of Engineers (Corps) contracted with the Cities orDenlon and Dallas ("Cities") to operate and maintain the recreation facilities at Lake Ray Ruberts. The supplemental agreement (attached) simply adds the Gteenbelt as an , additional recreational facility. F.STIN ATEDSCHEDULE.OFPROJECT, The Corps and the Cities will meet within the next two weeks to finalize the supplemental lase agreement. Mr. Prouty has reviewed the supplemental agreement and provided his comments. Once both City Councils have approved the supplemental agreement (probably by the rst week in May), the Corps will execute it. Y=kACTION/REVIEW, The Public Utilities Board approved the contract March 13, 1999. -A The City Council was briefed at their Match 30,1999 work session meeting. I i M t FISCAI, INFORMATION: The Corps is leasing the Greenbelt to the Cities at no cost. AiAPs Attached. Re ecifuily su nitted- L. &"444 r"', Howard Martin ACM for Utilities Prepared by: . !u e ' VI n enta[ nIPliance manager Exhibit[: Proposed Contract Exhibit 11: Map e ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO. I TO LEASE DACW63.1.91-0545 THE CITIES OF DALLAS, TEXAS AND DENTON, TEXAS RAY ROBERTS LAKE, TEXAS WITH THE CITY OF DALLAS AND THE SECRETARY OF THE ARMY (GOVERNMENT) EXPANDING THE LEASE AREA TO ENCOMPASS VARIOUS WETLANDS DEVELOPMENT AND THE GREEN- PELT, AND PROVIDING OTHER CHANGES AS SET FORTH IN MORE DETAIL IN THE BODY OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 16, 1980, the Cities of Dallas, Texas ("Dallas') and Denton, Texas ('Denton") entered into a contract for recreational development at Ray Roberts Lake, Texas, said contract being DACW63-80-C•0106 and DACW63.80-C-0107; and WHEREAS, on December 13, 1990, Lease DACW63-1.91-0545 (the "Lease) was en- tered Into by and between the Government, Dallas, and Denton, whereby Dallas and Denton were granted the use and occupancy of approximately 4,238 acres of land and water for public park and recreation purposes at Ray Roberts Lake, for a term of fifty years, beginning on De. cember 13, 1990 and ending on December 12, 2040; and I WHEREAS, Dallas and Denton wish to add an additional 1,126 acres of land In areas known as the wetlands development and an additional 1,300 acres of land In areas covered by water for the greenbelt' pand the leased area from 4,238 acres of land to approximately 6,664 acres of land; and WHEREAS, Dallas and Denton as lessee wish to conduct fish and wildlife management activities on the wetlands and make other changes in the Lease; and i WHEREAS, the City Council deeins it in the public interest to approve this Supplemental Agreement No. I; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I, That the Mayor, or In his absence, the Maycr Pro Tom, Is hereby authorized to execute Supplemental Agreement No. 1 to Lease DACW63.1.91.0545, Cities of Dallas, Texas and Denton, Texas Ray Roberts Lake, Texas between the Cities of Dallas and Denton and the Govenment, substantially in the form of the attached Supplemental Agreement No. I, ex- panding the leased area from 4,238 acres to 6,664 acres, allowing lessee to conduct fish and wildlife management act'vities on the wetlands portion of the Lease, a.td providing c,her changes as set forth in the body of the Lease. SECTION It. That the City Manager is further authorized to take any actions and make r, any expenditures requires by the terms and conditions of the attached Supplemental Agreement No. I. 3 a u SECTION lu. That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATT RNEY BY: { f,61 ' r Fr~ Page 2 a c c, I:LV'.St: i SUPPLEMENTAL AGREEMENT NO. I TO LEASE DACW63.1.91-0345 CITIES OF DALLAS, TEXAS AND DENTON, TEXAS RAY ROBERTS LAKE, TEXAS This Supplemental Agreement No. 1 made and entered into between the Secretary of the Army, party of he first part, hereinafter referred to as the Government, and the Cities of Dallas, Texas and Denton, Texas, parry of the second part, hereinafter referred to in the singular as the Lessee; WITNESSETH: WHEREAS, on 16 September 1980, the Government and the Lessee entered Into contracts for recreational development at Ray Roberu Lake, Texas, said contracts being numbered DACW63.80-C-0106 and DACW63.80-C-0107; and WHEREAS, on 13 December 1990, Lease No. DACH'63.1.91-0545, hereinafter referred to as "the lease', was entered into by and between the Government and the Lessee in conjunction with the above contracts, whereby the Lessee was granted the use and occupancy of approximately 4,238 acres of land and water for public park and recreation purposes, Ray Roberts Lake, Texas, for a term of fifty (50) years beginning 13 December 1990 and ending 12 December 2040, but revocable at will by the Secretary of the Army; and WHEREAS, it was agreed upon In said lease that the wetlands, to be developed by the parties hereto, shall be Included under said lease by supplemental agreement, hereinafter referred to as "the Wetlands'; and WHEREAS, the Lessee wishes to add an additional 1,126 acres of land and areas covered by water to the presently leased premises for the Wetlands development; and WHEREAS, the Lessee wishes to add an additional 1,300 acres of land and areas covered by water to the presently leased premises for an area known as the Greenbelt; and WHEREAS, it is acceptable to the Government to lease an additional 1,126 acres of land and areas covered by water for the Wetlarxls and 1,300 acres of land and areas covered by water for the Grcenbeh: and WHEREAS, the Lessee wishes to conduct fish and wildlife management activities on the Wetlands, and the Governmxnt is agreeable hereto; and 5 EXHIBIT I c a `I WHEREAS, the Greenbelt project includes areas covered by conservation easement which the Lessee agrees to manage and preserve: and i WHEREAS, the Greenbelt project includes fencing which the Lessee agrees to maintain. WHEREAS, the Lessee has requested that any reference to Design Memorandum (DM) 22 be removed from the original lease, and the Govemment is agreeable thereto. NOW, THEREFORE, by mutual agreement of the parties hereto, the original lease ;s amended In the following respects only: 1. All references to "approximately 4,238 acres of land and water" are amended to read "approximately 6,664 acres of land and areas covered by water." 2. That portion of the lease which reads, 'hereinafter referred to as the premises, which is generally described as the area outlined in red on Exhibit B which is attached hereto and made a part hereof,' shall be amended to read, "hereinaRer refereed to as the premises, which is generally described as the areas outlined or hatched in red in Exhibits B. B-1 and B-2, which are attached hereto and made a part hereof. That portion of the leased premises depicted in Exhibit B•2, beginning at a point South/SouthweSt of Tract } 2330 and continuing to U. S, Highway 380, and shown In solid red, shall be further described by a western boundary at the top of the west bank of the river and an eastern boundary 100 feet east of the recreation trail." 3. The portion of the lease which reads, 'While the premises is shown on Exhibit B to extend to the 632.3 foot contour,' shall be amended to read, "Concerning the premises referenced in Exhibit B only, while the premises are shown to extend to the 632.3 foot contour." 4. That portion of the lease which reads, "and the General Development Plan which is attached hereto as Exhibit C, which plans are by this reference made a pan hereof," shall be amended to read, ' and the General Development Plan which is attached hereto as Exhibits C and C-1, which plans are by this reference made a part hereof." 5. That portion of the lease which reads, "The Lessee shall be guided by an j Annual Plan of Operation and Maintenance in furtherance of the Plan of Recreation Development, Design Memorandum (DM) No. 8, Ray Robeits Master Plan, )an, 1983, and DM No. 22. Recreation F-wilites, as amended by Supplement No. 1," shall be amended to read, "The Lessee shall be guided by an Annual Plan of Operation and Maintenance lit furtherance of the Plan of Recreation Development, Desigit Memorandum (DM) No. 8, Ray Loberts Master Plan, )an, 1983. f 6. That portion of the lease, which reads, "Said Inventory and all amendments thereto shall be approved in writing by authorized representatives of the parties hereto s ~ C 'I c r +4 and shalt thereupon become a part of this lease as if originally annexed and attached as Exhibit E," shall be amended to read, 'Said inventory and all amendments thereto shall be approved in writing by authorized representatives of the parties hereto and shall thereupon become a part of this lease as if originally annexed and attached as Exhibits E and E-l.' 7. Condition Nos. 25, 26, 27, and 28 are added to the lease as follows: '25. FISH AND WILDLIFE ACTIVITIES a. As to the portion of the premises identified as the Wetlands, shown In Exhibit B-l, the Lessee may plant or harvest crops, either directly, by service contract, by sharecrop agreements with local farmers, or by agricultural agreements to provide food and/or habitat for wildlife and for the development and conservation of land, fish and wildlife, forests, and other natural resources. Where feasible contracts and agreements with third parties shall be by competitive bid procedures. b. Any lands not being managed by the Lessee for wildlife habitat will be made available for lease by the District Engineer for agricultural or grazing purposes under conditions which would not be incompatible with the Lessee's use of the premises. M c. The Lessee may take, trap, remove, stock or otherwise control all forms of fish and wildlife on the premises, and may place therein such additional forms of fish and wildlife as it way desire from time to time, and shall have the right to close the area, or any parts thereof from time to time, to fishing, hunting or trapping, provided that the closing of any area to such use sh2!1 be consistent with the state laws for the protection of fish and wildlife. , 26, GREENBELT CONSERVATION EASENf1NFS a. Lessee agrees to lease the Greenbelt premises expressly subject to the terms, covenants and conditions of those certain Conservation Easements, In favor of the United States, recorded in the Real Pro party Retards of Denton County, Texas, the form of which is attached hereto as Exhibit F. b. Lessee agrees to enforce all of the terms, covenants and conditions of said Conservation Easements, the area of which is depicted in green on Exhibit S•2; and, in the event Lessee fails to enforce such terms, covenants and conditions, then, the United States may do so, and :harge Lessee a reasonable fee, with any Interest allowed ,,y Federal law. to take a,i appropriate enforcement actions. c. Lessee agrees to hold the United States harmless from auy and all claims a- king from enforcement of the terms, covenants and conditions of the Conservation Easements. except for damages due to the fault or negligence of the United States or Its contractors. 7 I C c, 27. SUBLEASE APPM ~"AL Any sublessee, or other party granted an interest, privilege, or license whatsoever in connection with the lease. shall provide to the Lessee, for coordination with abr. United States, any request for approval. 28, PRELIMINARY ASSESSMENT SCREENING a. An Environmental Baseline Survey (EBS), documenting the known history of the Property with regard to the storage, release, or disposal of hazardous substances thereon, is atached hereto and made a part hereof as Exhibit G. Upon expiration, revocation or relinquishment of this lease, another EBS shall be prepared which will docum^,nt the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer In determining any environmental restoration requfremenu. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION, b. The Information contained in this notice Is required under the authority of regulations promulgated under Section 120 (h) of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA or "Superfund") 42 United States Code Section %20 (h). The Secretary has made & complete search of Its records concerning the subject property t,) this lease. Those records indicate that the following hazardous substances have been found on the premises: (l) Lead-Based Paint. The Lessee should consult the EBS described In sub-paragraph a. above for more details. (2) Dump Sftes. The Lessee shoutd consult the EBS described In subparagraph a. above for more details. All other provisions of the lease remain unchanged and In full force and effect IN WITNESS WHEREOF, I have hereunto set my hand by direction of the Secretary of the Army this day of 1499. F , Hyla I. Head r Chief, Real Esutte Division r ` t C' This SUPPLEMENTAL AGREEMENT NO. i Is also executed this day of 1999, by the City of Denton. ATTEST: CITY OF DENTON BY: BY City Secretary Jack Milleri Mayor Approved as to Legal Form: Herbert L, Prouty, City Attorney BY d City Attorney CERTIFICATE certify that I am an of the City of Denton, Texas named as Lessee herein, That Jack Miller who signed this Supplemental Agreement No. I on behalf of the Lessee was then Mayor of the City of Denton, Texas, and that said Supple mental w Agreement No, I was duly signed for and on behalf of the City by authority of its governing body and Is within the scrV of Its legal powers. i 9 I 1 C' U 1 m,T,..s ttoaulr Ncrx 1 J f I~ r„! f leura . leirr wwrr.r• :.v.*.. Wrr[r ~ M Y 4 b 111 I ' ! I 1 ~ I 1 If~A1 1 ; Cool 1 1 .rluir+ I..II 1404 . 11.1.r it , SURVI ` l J J ,r lYRrl1 tlq ti~F ` ~.+.r YIILIN L!! f HII rlu ~R I y1. w1 Emil l 040011.0 R iM r W f i fYRr11• Mil + Aw 7 WI 0.01, 4401 1 ,lib ~ ' I CI + ~ I 1 • I I`i IIRIR GIII •a'R r. 14 UCr ail.I+ PAVC1 URISIT 3-1 PAGE 1 of 2 1~ 1 l~ If SEMENT 22, Wetlands TRACT Acreage 2200 91.06 2201 124.50 2202 30.12 2203 1.63 2204 10.56 2206 128.83 2207 78.91 2208 7.96 2210 76.25 2211 10.00 2212 153.05 2213 99,34 2214 134,41 2216 153.47 2211 .17 2218 167,41 2219 1.94 l TOTAL I acres , i j ' i EXltfnit !-1 Mot 2 of 2 ~i C nun asra AMf POP" L. lti ■ l r M a PC( FOR 144 LtAK Ca4MvATOK CA94Nt to1t14 Caw MOM , a M POO NO IIAK t>oltw caw LAW ral as La 01 LCAN AMA 00"% UM AM ~r •r 1 l )r~ ItM13VLLC tIMC 12 ' ~r +`+ww w~i ~wrt t; INVENTORY OF GOVERNMENT LEASED PROPERTY R RAY ROBERTS LAKE LEASE NO. DACW63-1.914545 (ORIGINAL LEASE INVENTORY) LOCATION DESCRIPTION 41•ANTITl ELM CREEK PARK ROCK RESTROOM 2 FISH CLEANING SHELTER I FISHING PLATFORM I PARKING I PLAYGROUND I PICNIC SHELTER SITES W/COOKERS 17 ELM FORK PARK SURFACING - PAVED ROADS 6.0 MILES BUCK CREEK PARK WOOD PIT TOILET I LO PARKING 1 LONG CONCRETE STAIRWAYIHANDRAILS 1 COURTESY DOCK I BOAT RAMP (2 LANES) I PARKING 1 SURFACING - PAVED ROADS 1.0 MILE ENTRANCE SION I PECAN CREEK ACCESS LARGE ENTRANCE SIGN I i WOOD PIT TOILET I COURTESY OOCK I BOAT RAMP (2 LANES) I SURFACING • PAVED ROADS 1.0 MILE SANGER ACCESS LARGE ENTRANCE SIGN 1 COURTESY DOCK I BOAT RAMP (4 LANES) I WOOD PIT TOILET I BOATRAMP 1 SURFACING • PAVED ROADS 1.0 MILE POND CREEK ACCESS SURFACING - PAVED ROADS 1.0 MILE ENTRANCE SION 1 COURTESY DOCK I BOAT RAMP (4 LANE) 1 WOOD PIT TOILET 1 JORDAN PARK ACCESS BOAT RAMP 2 ROAD 3.0 MILES .~WOOD TOILET I A c COURTESY DOCK W/PARKINO I Or N ENTRANCE SION I EXHIBIT E 13 i c ci ISLE DUBOIS PARK ENTRANCE SIGN I DUMP STATION I FISH CLEANING STATION I VOLLEY BALL COURTS 3 BOAT RAMP (6 LANE) 2 j COURTESY DOCK 3 PLAYGROUND 4 HORSE TETHRTNG/EQUESTRIAN 1 CAMP SITES 3 LANDSCAPING ROADS SURFACING - PAVED ROADS 6.0 MILES WATER TOWER FENCE I WATER WELL I ROCK WATERBORNE RESTROOM 2 ROCK WATERBORNE RESTROOM W/SHOWERS I COURTESY DOCK W/BOAT RAMP I FISHING PIER I GROUP SHELTER 2 'ISLE HAWTHORN WOOD PIT RESTROOM/PARKING 4 PRIMITIVE CAMPSITES 40 j 'ISLE DEER RIDGE ROCK WATERBORNE RESTROOM WISHOWERS 2 PLAYGROUNDS 2 CAMPSITES 76 $ISLE WILD PLUM WOOD PIT RESTROONIS 2 PICNIC SITES is ' $ISLE QUAIL RUN ROCK WATERBORNE RESTROOM W/SHOWER I PLAYGROUND WITH PARKING N1 1 CAMPSITES 39 'ISLE BLUESTEM GROVE GROUP SHELTER i ' WOOD PIT RESTROOM 1 CAMPSITES 14 ' AREAS WITHIN ISLE DUBOIS PARK t~1f \ r r 1 EXHIBIT E i r u JOHNSON BRANCH PARK ENTRANCE SIGN 1 PLAYGROUND 3 WATER SYSTEM 1 FOOT BRIDGE 2 LANDSCAPING CAMP SITES 4 BEACH CHANGE HOUSE I CAMPER SERVICE BLDG 2 COMFORT STATION I GROUP SHELTER 3 WATERBORNE TOILET 2 WOOD TOILET 6 BOAT RAMP I DUMP STATION I PRIMITIVE SITES ACCESS TRAIL I HIKE/BIKE TRAIL 2.8 MILES "DOGWOOD CANYON WOOD TOILET S CAMPSITES 33 "JUNIPER COVE PLAYGROUND 1 CAMPSITES 39 CAMPER SERVICE BUILDING 1 "WALNUT PLAYGROUND I CAMPSITES 65 CAMPER SERVICE BUILDING 1 FOOT BRIDGE 2 ''OAK POINT PICNIC SITES 30 BOAT RAMP (4 LANE) 1 COURTESY DOCK 2 GROUP SHELTERS 2 WOOD TOILET I FISH CLEANING STATION I BEACH CHANGE HOUSE WISHOWERS I WATERBORNE TOILETS 2 PLAYGROUND I "RECREATION AREAS WITHIN JOHNSON BRANCH PARK LAST ITEM►►►►►►►►~►►►"►►►►►►►►►►►►►►►►►►►►►► [K i s EXHIBIT 9 15 U RAY ROBERTS LAKE, CREENDELTINVENTORY Trail 50,621 R&M and Parking S 6 . anoe Launch 4000.00 i Pedestrian r ater Bomf o t I A , Sanitary Waste Treatment stem 250.00000 %t. ectrca stem 100 Sou stem one erln MF 000.00 om stm o et 4043900 Waterline I 'A c 0. Waterline c 1 6,910.00 Witter Hydrsnu -r $5.0M.00 Culverts E wa s Fence $60 IF $ S.600.00 ale Signs eta wn uar once &I I LF 12,970.00 Picnic Tables _ Picnic a with Shelton SEA 4.55 , an ca R e a es , ns 29EA M75 09 Tiii~ xn 15 EA 4.50P.99 Ae Rocks )EA I Y.M.00 Rest s 1 snot unc an anne ) .00 xa an at oa (424) $ 7000.00 uatr an Bridge an ni 1 57 Chute at 438 uestran r e w TOM 1 c EXHIBIT E-1 t 16 1 A PrRPETVAL CONSERVATION EASEMENT A perpetual and assignable right, power, privilege and easement to permanently preserve in its present state the property described in Exhibit together with all right, title and Interest in and to the residential structures now situate on the land, to prevent use or development of the property that would conflict with the preservation and maintenance of the property in Its scenic natural condition, and to provide for rights, terms, conditions, and restrictions on the property as hereinafter set forth: 1. No use of the property can be made other than the continuation of present agricultural grazing or crop use, which agricultural use can not be expanded or changed but may be discontinued, the intent of the easement being to maintain the property in its present scenic, natural state. Herbicides and pesticides shall not be applied to the agricultural fields in such a manner as to injure, harm or affect the vegetation, Persona or wildlife on adjacent lands. 2, No additional structures of any nature or type, temporary or permanent, shall be placed or constructed on the property, except fences, which can be repaired or replaced with fencing similar to that existing at the time of this acquisition. 3. No mineral development of any type shall be conducted On the property. 4. No recreational mechanised or recreational motorized vehicles of any nature are allowed on the property. S. There shall be no dumping of soil, trash, ashes, garbage, waste or other unsightly or offensive material. 6. There shall be no excavation, dredging or removal of loam, gravel, soil, rock, sand, or other material, nor any bteilding of roads or other change in the general topography of the land, except for the maintenance of existing foot trails, fire lanes, farm roads or other accesses. There shall be no i w4ter wells drilled on the property. E 1XHIfIT r 17 f c, i ENVIRONMENTAL BASELINE SURVEY 1. General: Operations Division rssWsibli tiee for oomppTrng with CERCLA are satisfied by completing an Environmental Baseline Survey (EBS) (formerly the PAWPEE) consisting of a review of available records and interviews with persona or agencies who may have knowledge of the past history of the property In question to detennins If hazardous substances were released (vented or spy, stored, or disposed of on the property In threshold quantities. Note: If any finding(s) are answered 'Yes', describe details on a separate page and attach to this ESS. a. Records Review. Records Finding Agency Flr4" Review No Yes Date Interview No Yes Date Master Fian ( I Aerial Photos ()q ( I _ OMP [XI I I ERGO Reports (X) 1 1 Permanent Files (X1 I 1 b. On-site Review Finding No Yes WA Provision i (J DG 1) Is there any evidence of past or present treatment, storage. e01", or disposal of hazardous substances in the seflon area? NOTE! SEE ATTACHED PH 1, PRELIMINAkY ASSESSMENT SCREENING EXCERPT ( I (X1 11 2) Is there any load-based paint on any of ft structures? (Visti0y impost , existing buildings, tt any, for deed based paint (LOP) (usually, paint wags earllmthen 1975•)) NOTES SEE ATTACHED LIP INSPECTION REPORT (X) 3) Is there any evidence of pjlycW-'- +ofd bovonola (PCB) contamination? (Visually inspect bL. lea and Interior of tM land area for presence of leaking elod&W transformers, and other potentlel sources 11 of (PCB)). (XI {1 4) Is there any abestoa-contak*v maenads In the area? NUuaNy Inspect existing buildings, N any, for asbestos-containing materials)). j [X] (I 5) Are there UST** on the property? IX1 I 1 e) Are that a above ground stomp tanks on the property? r r' r 4 lXNIIiS a 1 C 1 •tal 2. Slatemeniof Condition: (x) a. A=rdin9 to the b~formalion above, no haza~h quaro es. No~ns° SghoL rak ssed, stored, or disposed on the properly POW-Pit dump with to++ to *o arato risk, teed Pa b. The sbow Information kxAwtse heeerdou tames ware released, stored, or disposed of on the pro" In threshoid quantitin, )91, pe i) The site has been tested end no eontcminants were found I % detectable levels. I r.y. The property is w*%dered safe for the proposed uee. gray a l oeli It )Ix 201 (x 1 2) The site has been tested and contaminants were found in detectsbW W**Is. =WdKW soft for I concel Rome" sctbn has been taken and the Prey is lnts. I proposed use. 11OTEi Lead-bead point chips rsuoved. Aasaininl Point Lght qr4 aneapwlaud. eenaatl 3) The sits has bears tested end Oontsminarlt were found In detectable Wale. 3, ba lted to tlu Remedial actbni how not been taken. Detells end (ustifIccatllon for oulgrentinp in the of 21 t current condition we attached. k, and 1 s deters 4) The see has been tested and eontaminents were found In doled" taw . at s cc Raro"1I adi" have not been taken. Therefore, Non•ovsllabillty is the ac 0 paints nOOmmendod. lance of 5) The sMe has not boon tested. Thansfon, Non+vaIMMOty Is recommanded. uger !o teleph Statements and/or C,onditione: Roc, A. a (1.:. s, a Signature: Flo~ 2?AOOK.-- (ae. P■li n,,,yeas~adew+aaw«, anal . ...■■...■..■■.■■.er■■as■■■■ Reserved for Dlsbict office concur (eonooncur ( ( Condition: Position: 6bnature: 1 All" Z Lull" I I I , I i } TABLE 1 • LEAD41ASE PAINT SURVEY FM 428 BRIDGE CJER ELM FORK OF THE TRINITY RIVER Reading No. Location PaintColor Point Substrate (nglern2) COndidom 2 Celbnllon volow WA Wood No* LO 3 ClIt Man Yew* WA V4W Mack 1.0 4 C&%Mdm WA WA vftw Nook 0.0 s CaAbnedon WA WA Wood Block 41 0 CaWbragon WA WA Wiod Nook 0.0 B 7 Bridge Tnm ugM ar"A Poor Maw 0.10 11 Bridge 0 B Tnm ugm Gram poor mow 10 11 12 a o6v Tom LIOM o f POW MM" 1 7 Is b"14100. jaw Red Good mow 4.2 14 1 s B lid" Trm u9m Orean poor mew w 1.0 If Road YaWow Peon Cmanle 1.5 1 17 SrkIlpTmm _ u0momn POW mow Co rrin ughtatman pool, mew 2.0 is NOW sod" V*ft 20 Everwonn Jaw to Not Pak ed Good M W wsm OA 21 Road Not Pekded WA ConorNe 0.1 22 Expandon JokN Red Goo: Mew .0.2 23 Be4pe Trees Yelow" Green umweoa*v Poe Mew 1.0 24 New sow WAN pe sup pw uu9m Own F~ Comorele 0.3 2s Brw mew 0.0 20 &WP supw uBM awn Pak mew 0.0 , 27 Bridge SUPW ugM ofw Pak mew 1.6 28 Bridge suppoR' LIOM Grbn Fair mew 1.0 1 I 20 i Excerpt from Phase 3 Preliminally Assessment Sereenin Dump sites observed contain a variety of household and light industrial wastes (See Figure to Most of the items and types of items seen at dump sites are included In the following caugorles, kitchen appliances, hot water heaters, plumbing fixtures, furniture and carpeting, rusted sheet metal, paint cans, construction materials, tires, vehicle fluid containers (oil, anti-freeze, fuel, lubricant, etc.), and household trash (dominantly metal, plastic, and glass containers). Most of the Items were Identified as non-hazardous; however, some containers were too old and deteriorated to Identify their original contents, and it is impossible to surmise if all containers of oils, paints, and other potentially hazardous materials were empty when deposited. In one location Just south of Tract 02316 at least six empty 3• gallon containers of strongly acidic industrial masonry cleaner, complete with material safety data sheets NOS), had been discarded with other assorted refuse. 1 Depositing of waste generally followed one of five pattems! (1) containers related to vehicle M maintenance scattered around the perimeter of a cultivated field, (2) beverage containers scattered in a "partying area", (3) a one-time dumping of household waste, (4) the dumping of household waste over a period of time In the same place, and (3) loge-scale dumping of both household and other waste from 1 multiple sources, Some of the locations where materials were dumped in creek beds showed clew evidence of subsequent movement by wafer, this has the additional potential hazard of polluting surface water rzsources, In addition to disposal sites observed during the site Inspection, there were two other Instances of i dumping reported by concerned neighbors Including large numbers of time on Tract 02311 i.-A drainage hoses emptying direc,ly from mcfeationet vehicles and camping trailers into tiro ditch on the well two of Tract 02317, The tires were subsequently removed by sev:rol large flatbed trucks; the drainage hoses Artie dismantled shortly b: fore the OMI slit: iampection. A 21 c f am ro Myy.1 Good Eh FO(k of W. John Rood at M` R~ood~ t. kcy &Cf ch Boundary r • • . Nroctl Joc► Rood Jwor.y Fuorldh \`1{ Culp ftrot yt rl l:/ • 1 . Boundory tll:: t. ~i ..try l \1.15:1a:1'~•'tS Slh 1. d oundary ' c'" ovsk MISID dni AM . 4. • two&mr { w i Wof}rlte**) I1 ; r Floure 10. Site leyat showing eae otpaentisl concern identified on tnd mu the cite 22 EXHIBIT 11 t c~ Apsadl aaw AGENDA INFORMATION SHEET r AGENDA DATE: May 18, 1999 DEPARTMENT: Fire Department CM/DCM/ACM: Michael Jez, City Manager SUBJECT: V Adopt Ordinance approving and authorizing the Mayor to execute an InterIocal Ambulance Agreement between the City of Denton and Denton County for ambulance services. BACKGROUND: This Interlocal Agreement for ambulance service with Denton County provides emergency ambulance services to those County residents in certain County rural areas not covered by an emergency medical services ambulance provider and as designated by this ordinance. The City of Denton has provided this service to Denton County for several yeais. The City also provides emergency ambulance service, to several small cities under separate ordinances and agreements. Each year the County prepares an Interlocal Agreement for consideration by the City which must be approved by the City Council. The attached ordinance and agreement have been reviewed by the City Attorney's office. FISCAL INFORMATION: { Based on the recommended agreement, the County will pay for this service based on s funding formula as follows: (1) a readiness sum of 0.664 per capita based on population for a , maxirnurt of 593,240; (2) a sum of 5444.00 per ambulance run, for a maximum of $93,240 (based upon the number of runs made by the city of Dcnton in 1998); and (3) a fixed sum based on the size of covered rural area, for a maximum of $117,640.84. Using this formula, tho County agrees to pay to the City of Denton this fiscal year, $280,170.31. I Respect ubmitted: ~I J Ross Chadwick E Fire Chief Nrop1 o~sed O Ordinance Approving Interiocal Agreement with Denton County I i 1 . fu U i ~I I ORDINANCE NO. ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN rNTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the City Council of the City of Denton hereby approves an Agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein. The Mayor, or in his absence the !mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SECTION II: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the._,___. day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: 1 HERBERT L. PROUTY, CITY ATTORNEY BY:____~ ! /Nrr3J7 r iLdl Qer e, fh dnrpwNwl.lrn ,,nlM.M,iui nrM M 7 ~ r c. I I HE STATE OF TEXAS ) 1 COUNTY OF DENTON ) 1NTERI OCAL COgPER.ATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this _day of , 1999, by and between DENTON COUNTY. a political subdivision of the State of Texas, hereinafter referred to as "County" and the "CITY OF DENTON", a municipality located in Denton County, Texas, hereinafter referred to as "city." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administratirn of county government and related services for the benefst of the citizens of Denton County: and WHEREAS, City is a municipality engaged in the provislon of ambulance service and related services for the benefit of the citizens of Denton County; and WHEREAS, this contract involves governmental functions that each party individually l can perform; and WHEREAS, the amount paid by the County for this service is to be made from current revenues available to it and that amount fairly compensates the City for the services and functions performed by it: and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel Idiosc duties are related to the use of such vehicles and equipment; and WHEREAS. Canny desires to obtain emergency medical services rendered by ity, as more fully hereinafter described Inr the benclit of the residents of Denton County, Texas; and WI IERCAS the provision, f emergency medical services is a governmental function tt at serves the public hccith and welfare and is of mutual concern to the contracting pwtles; and t' 6r r r I•I LIIM 9. f(Mr 4rlU A(IAIENOIt'IRA 11011 1 l N.K1ktr • UNTA l~r,m CI u WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C,A. Government Code, Chapter 791, the Intcrlocal Cooperation Act, V.T.C.A. Health and Safety Code, Section 774,003 and other applicable statutes and contracts pursuant thereto: NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows: 1. The effective date of this agreement shall be the Ist day of October, 1998. 11. The term of this agreement shall be for the period of October 1, 1998 to and through September 30, 1999. Each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days alter receipt of such notice. Ill. As used herein, the words and phrases hercinafter set forth shall have the meanings as follows! A. "Cmergency" shill mean any circumstance that calls for immediate action and in whlch the element of time in transporting the side. wounded or injured for medical treatment is essential to the health or Zile of a person or persons. Whethcr the aforementioned circumstances in fact exist is solely up to the discretion of the City. For dispatch purposes only, "emergency" shall incluJo. but not be limited to; 1. i'he representation by a person requesting ambulance service that an immediate need exists fin such servic: "or the purpose of transporting a person from any location to a place of treatment and emergency medical iroatment is thereancr administered; and 2. 1 he representation b} a person requesting ambulance service that an immediate need exists Ibr such service for the purpose of Imnsporling a person from any location to the closest medical facility; i r~ 13. 'Rural area" mane any area within the boundaries of ]knton County. Texoi, and r without the corpxate limits ofall inorporalcd cities. towns and villages within said County, fAIIn1 44i4 riRAi os VAI LAIL%T Nil WaL4. 0I 1' 2 2 ~\ll\II I\ IN:y}p\ITq w I i t t 1 ~ I I C. "Urban area" means any area within said County, within the corporate fimtts of an incorporated city, taunor village. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is hereinabove V defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. IV. A. Servicea to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as hercinabove defined to citizens of County. B. The DENTON Ambulance Department shall respond to the requests for ambulance services made within its designated area of the County, as set out in exhibit "A", attached hereto and incorporated by reference, C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the i resptmsibility and within the sole discretion of the officers and employees of City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination. V. , The County shall designate the County Judge to act on behalf of County and to serve as "Liaison Officer" between County and City. the County Judge or his designated substitute shall 1 insure the perfortnance of all duties and clbligations of County herein stated, devote sufficient tame and attention to the execution of said duties on behalf of County In full compliance with the terms and conditions of this agreement and provide supervision of Countyb employees, agents, contractors. sub-contractors and'or laborers. if any, in the furtherance of the purposes, terms and conditio.ts of this agreement fir the mutual benefit of County and C ity. j IYIrKUWALI"tRATRY4 AliRr'AW IOL 011111, 0Yr'11 9 3 sr II YR'r { ~ UsTS ",i f i I 1 j ' I M t` r I VI, City shall ensure the performance ot'all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City In full compliance with the terms and conditions of this agreement and shall provide immediate and ` direct supervision of the City employees. agents, contractors, sub-contractom and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual hencftt of City and County. V l 1, For the services hercinabove stated. County agrees to pay to Provider a fee of $280.170.31 based on a finding formula as follows: First, the readiness sum is .664 per capita based on population, for a maxinium of $69,289.47. Second, a sum of $444.00 per ambulance run, for a maximum of $93,240., '['his sum is based upon the number of runs made by Provider in fiscal year 1998. Third, a fixed surn hosed on site of covered rural area, for a maximum of $117,640.84, The first and third sums are hascd upon population and mileage figures obtained from the North Central Texas Council of Uovcrnnicnts. The second sum is based upon the definition of an ambulance call for purposes of this agreement. Aa ambulance call is defined as treatment and transport of a patient to a medical facility. Payment shall not be allowed for instances in which a patient is not transported, Consistent with the reporting procedures described below, the Provldcr transporting the patient shall receive payment, regardless of the service delivery area in which the call originated. 1 Requests for payment shall be submiucd on the standardized ambulance transportation reporting form approved and provided by the County, accompanied by copies of patient admissioNrcgistratIon forms as provided by a hospital rr medical facility. It shall-be the responsibility of the Provlder to fail), conip[etc the forms and to provide complete and accurate patient information, Requests 11ar paymc1i; dial[ be subm[ led timely; that is, within five (S) days of the performance of service by the Provider. Requests not timely submitted shall not be 1r t c: considered for payment. Requests Ibr puyiment may he suomitted by personal delivery, U.S. j i~nurxa«Mmte~nna,nxrtrrt,rna,vnrrr,ir %tuY 4 4 ri Rrio tt. M iriuw c 1 mail, facsimile, or computer telephone link to the office of the Denton County Fire Marshal. The k, date of submission shall be the date the fully documented request is received in said office. By the signature if its duly authorized official hereto, the County assures the City that the County Auditor has certified that sufficient funds are available within the current County budget to make all payments and meet all the financial obligations of this contract and these funds we available to pay the obligation wiucn due in accordance with Section 111.093(c) of the Local Government Code. V.T.C.A. Vill. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's officers, employees and agents. IX: City agrees to and accepts full responsibility for the acts, negligence and/or omissions of '111 City's officers, employees and agents. X. I In the event of any dcfhult in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated: Unle - the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. xl, This agreement may be terminated at any time by either party givin^ sixty (60) days advance notice to the other party. In the event of such termination by either party. City shall be compensated pro rata for all services performed lo termination date, together with reimbursable expenses then due and as authorized by this agreement, In the event of such termination, should C'it) be overcompensated on a pro ro,a basis for all services performed to lermfnetton date and/o. f 1 be overcompensated refmbursuble expo iscs as authorized by this agreement, then County shall ~f C .10KtU(uraInunor4uerA"0rLIrawuL4%cP s s 11 M1 k'rl DOTON Iml.w r i t> be reimbursed pro rata for all such uvercompcnsation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. MI. I The fact that County and Pity accept certain responsibilities relating to the rendering of ambulance services under this agreement as n part of their responsibility rot providing protection for the public health makes it imperative that the performance or these vital services be recognized as a governmental function and that the doctrine of guvernmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither City not County waives not shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmemal powers and functions. XIII. This agreement represents the cutire ;ind Integrated agreement between City and County and r persedes all prior negotiations, representations and/or agreements, either written or oral. 1 his agreement may be amended My by written instrument signed by both panties, XIV. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. X v. In the event that any p,)rtion ol'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 clf, ct to the extent possible, XVI. y 1'he undersigned otlicer nnd'ur agents of the parties hereto are the properly authorized ollicials and have the necessary authority to execute this agreement on behalf of the parties hereto mid each party hereby cei-6114 s to the other d,at any necessary re:okitions extit ed said authority have Seen duly passed;utd are now In flnll force and effect, 4 ,r f c. r I I,11.Of ALtMPLOI Il V.k I WL 41 PA 40111 L 1V 1 6 6 DIN il" C f lI 1 EXECUTED in duplicate originals, this the _day of-, 1998. COUNTY CITY DENTON COUNTY, TEXAS CITY OF DENTON 110 WEST HICKORY 215 EAST MCKIIINEY DENTON, TEXAS 76201 DENTON, TEXAS 76201 By By Jeff Moseley Title +e Benton County Judge Acting on behalf of and by Acting on behalf of and by the authority of DENTON COUNTY the authority of the City of Commissioners Court of DENTON, TEXAS Denton County, Texas. ATTEST: ATTEST: B5':___, BY: Tim Hodges City Secretary Denton County Clerk APPROVED AS TO FORM: APPROVED ASTO FOWL--/ Assistant District Attorney Ci y Atto ey i APPROVED AS TO CONTENT: APPPR D AS TO CONTENT: Gr Denton County Fire Marshal Fire Chief !1 \ c ~I IS It RIM At((XII'RArim A(ArFk G%th A AAI III t,w r R.RfX rfOLF10N Im{. rt f Denton County EMS Boundaries 1.~ t1~'E~' ,rl DAe9aa* V t it i ~ k j e Im af110F1 ; e V l 1F 1 t. p 1 1_~ ~ Flone AQm4 M M Flower Or DPAe N Al • 103 7890 mile! Demon .363 Mq miles HOIV4 Wage • 13 37eq Mlle! Plana .2 6* miles Cenolhon • 'a 5480 mike Flaww Mound • 38 8380 miss Mill • aS 10q miles Ftoanoka • 23 62q miles A Cooke County 4 Halt miles FI worth • 6 2980 miles LawlsvlUa • 68 1580 mil IS Sathlaks • 3 3380 miles Coppel • 0 3ssq miles Friel • 2471 q miles lffile Elm • 5a57eq miles TM Colony • 10 54 q miss Dallas • 2 39sq miles Grapevine • 0 DSq mites Plod PWm • $a 26s0 miles Tropny CkA • 7,10q miles ' Square maeego figure ropres4nts area within Denton Canty ONLY. 1 10000 0 10000 20000 Feet ErgweanglTnn.pwmanall Mry u, 1►7e i 0 U AGENDA DATE: May 18, 1999 r, DEPARTMENT: Finance & Municipal Services fax ACM: Kathy Dubose, Asristant City Manager of Finance and Municipal Services SUBJECT: Consider approval of a tax refund to Paging Network of Ds11as/Ft.Worth for S1,085.24 due to Supplement #10 from the Denton Central Appraisal District, which corrected the tax liability, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Pro" Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Chapter 26.15 of the Texas Property Tax Code states that if a correction dc-tresses a taxpayer liability after the taxes are paid, the taxing unit shell refund the owner the difference between the tax paid and th tax legally due. Supplement #10, received the last week of January, 1999, decreased the tax liability by $1,337,57, resulting in an overpayment of S1.095,24. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by 51,085.24. Respectfully submitted: Diana Ortiz Director of Fiscal Operations Prepared by: CaroleneFolse Revenue & Tax Analyst 1 I d I 1 L - - - - - - - - - - - - - - - - - - - - - - - Centon Ce 11 gqppppraiul District A C A D I✓ i Y E h 01,25,99 ,:5961 THE SOFT6a, . OROI~, INC. 194'1 MFf EIEMAL ROLL N1. OR: CITY OF DENTON (COS) - PAGE --^_----7 - - - - - - ---OWNER NWE AND ADORESS ~_--r-FROPPRTY DESCRIPTION RECEIPT R CURRENT VALUES PRIOR VALUES 041N1LOSS P913144 1310474) PAOIND NETUM OF OALLAS/F7 ND PERSONAL PROPERTY - PAOIND PERSONA. ! 50.069 3131686 14911 QUOR11 OR 11600 EWM)IPIENT LOCATION. WIDUS, DENTON DALLAS. TX 75240-7531 WS AMSWD I 50.069 313.686 -263.617 SITUS: DENTON, RECEIPT TAXAI4.E ! 50.069 313,686 -263.617 0110623 TAX ART ! 254.43 1514.00 -3339.57 ENTITIES: DO1, EDS. Co EXEMPTS": W "ME: L1 ~y D~ CT VALUE CHANGE FEB - 5 EIITTU W p P81453 t8770S) ---------------------"'w_.-r.._---------__ PAYLESS CA%WYS, INC N94 PERSONAL PROPERTY - WILDIND PERSONAL. f 1,067,438 1,000,000 P T41T~OEPT M TERN IAL ORE LOCATION: SM ACM W5 ASKWED I Is 067,438 O 1,867,436 slo ON Po DOX XAN.9AS CITY, MO 64141-3906 S1TU5: 521 ACME S R1Cf0I" _ E $ 1,666438 0.00 1,6671,4 ollN AX AM 1 9489.37 94.20 ENTITIES: 001, SOS, COS r9mTIONS l` SPT8 CODE: LI %NGAM ARE N 9z - FEB - 5 On P92I982 (360462) PECAN CFM MW PERSONAL PROPERTY - PFO HDU1I iNV PERSONAL ! 93,145 0 cmH PAW 60X INC LOCATION! 2601 f14TNIli RD 1S. ~68, COS A5SE65ED ! 93,145 0 93,145 PO MARYVILLE, TN 37802 SIRA: OE11TOH, wEIPPT0 TAX WAKE 1 ",tom 0.00 93,145 ENTITIES: 001, 5051 C06 EXEMPTIONS. SPT8 CODE: LI t CODE: A - ADO - JAN 2 S NEW ACMW ._~~_sS_ U I Rr R PORT IAAB060■ 04109,199 AT ]0:41 O V E R P A Y M E N T S PAGE it ALtOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS Of PAYMENT j 1114:9000000 08/09YOl-DO31 KURT ANAUSI AUTOS DALLAS DR 41.60 OVERPAY 1141900000 p9/09/01.007] MONTLN Rfr CAR CO FLAT WORTH DR 82,04 OVERPAY 411 ?00000 I1/01l01•D024 ►RIStIOt MDTpe'SALIS S ELM 47 11.24 OVERPAY 4919^0000 t:1006m21:00203 6 SNOW' AUTO ALI% 1 MCNINF49Y it 41.61 OVERPAP 14 OVERPAY Y V462900000 t/.08.1HOYF90N ClA 640 yypp1O9 tALiiMEtOW1 rely WORTH OR U !7900000 f8/09/.0031 DILL U1TE6 rgto IMC W NIVIANITY 0 3,4111.26 OVERPAY 91664700000 08/09/0t-004] JAMES WOOD AUTOPARK S I.2ti 4 $01.27 OVERPAY 01679700000 02/06/01-0046 A E A MOTOR BERNARD Pi By 6.46 OVERPAY 917164004-OU IB/09101.0046 FLA00 MARINE p~{A 1 LNIVINS[71 0 187.42 OVERPAY ty 22 L06 j4i*4101-0044, 1fp2000000 Sao %00101.000+. NUGVeto O, BCIMIN`OE p~~ReeSEtgFAiLONS a LA13rA OAV $1 Its 10.044 4 OVl R~P~11AVy 0 00OOO 606/01.Otl6A OYOLR OSMTO! 09, 00yW1ON 30 100: 0 OV 1V 1AY 30 011 0000 6/05/01-006 E7 C WNOItt SALE RUM LM 7 11.00,40 bV RPAY 91694200000 90/08/01.0067 ROSEAT'S AUTO WORLD FORT WORTH DR 17.43 OVERPAY 01064900000 98/06/01.0069 IA7•STATI VAN A SUS SALES N LOCUST ST 142.47 OVERPAY 01919900000 98/06101-0060 C A L SALES S ELM ST 91.42 OVERPAY 0169,1900 00p00 !!!O!!01.0081 RV 1100.10 Of R N •809 a e, 9 OVERPAY OVIOPAY 00 as Oct 0463 1 e1080 09/00!01.0041 IM00R1MAUlOMSAACVA~1 BALLS ftl eMORIN OR I 1~1{0~ 0Y0R AV :2 374A000000 00100101-0089, OL1ArV 70MBlfYl7[S 8.86UIF E Ik Ki91 vvvK►►►►►►INENE/Y #106 6 .60 OVERPAY 01087300000 99/06101.0176 HERSMAN DIV COAP ITAL LILLIAN MILLER 19.76 OVERPAY 90073200000 08/06/01.0]0/ SALLY BEAUTY COMPANY MOASS 71 1.56 OVERPAY 91968800000 98/06/02.0006 CLASSIC CORRUGATED %he COOPER CRICK N 1,478.11 OVIAPAY f 2060000000 It/Ot/02.OO 3 OUT6ADA HAIR S 9lM RA BT 0.61 OVERPAY I 16870200000 Op/09108.070]. VANi, S AN LEY C MA !00 RrAl 1 02061200000 II/01/02.07 ! A/T TpT0 - 1R 10 Bt 0. 0 ppyy4 RIA 02219600006 118/01!027.0768 At a OANAttL L t RONAM DA a: OVi ROAM 11281800000 9610610 -0}87 AC L-DAtACOM, INC DEN TON 0.1t OV[0. AY 07474600000 90106/02-01,69 [LROD-GANN. SH ILIEY J N WOOD ST 0.87 OVERPAY 02732900000 08/08/02.01002 COPELAND BITTY D STONIOATI OR 99.74 OVERPAY 01223300000 08/06/02.00201 eDOtER, 60N L SKYLARK DR 664.11 OVERPAY 08C06i00000 00%0010.21.0010 MIlil~40N~RILroi16LW its OCWLtoo O0./IN 0l+Af OV[RPA 01174400000 •8/06102. Ot0 COLL LIINS, plpA ■ ITAL !UK VALLEY 00 •25.14 OV9 RPAY , 2774 179000000 00/00%007. 00A0 X1 0 !(E ►HAN~111 0 DRIF WOOD IN 800.00 OYttROAY 07 01216600000 0t/09/07-009,9 ROLLERS. JAMES T / SHANNON L SANDPIP[0. DR 7.78 OVERPAY 19764600000 68/09107.0017 IHOMAf LISLIE J WILOWDOO LN 90103 OVERPAY 92024100000 90/09/07.0117 NORTH IIAAS CAROIC-PULMONARY INC N CARROLL Rt08 17.Ie OVKAPAY 10621100000 pB/O9,/04-0027 N[ll20.951 MO■f Ll Will ►A RN FORT WOIISN 8 7 cgs OVORPAC 47028600000 t1/Ot, 04.0029 I L 9ES M0/1L1 NOME PARK ORT WORTH P ■ - 2. ■ qV RPAY. 9769 LeP y000 08/06104.0019 RUIN f.LL[AY 1 MA~GYNILL 0176 61.17 OY RP AY 07H ',40000 66/08104.0009 KAAS~AD, TODD OLSHERG HILLS i !2 OV RrAr ``0369,!400000 98106106.0231 MOYNAGH, MANN E MAR ALL 00 0.24 OV RPAY y91094000000 008/09/06-0 47 OTECH CORPORATION 0[NTON TEXAS 117.67 OVERPAY 01311400000 008/00106.0279• PAGING NETWORK OF DALLAS/77 WORTH DENTON TEAAS 11,017.24 OVENFAY 07318,00000 06/09/05.0299 MANLEV. CHARLES S EOGEW000 PL 29,71 OVERPAY 03611400000 N/01/06.0713 MGYNAOH MARK 9 MARSHALL AO ri.40 OVtIIP AY 03166600004 91101/06-0374 MOOII i, f AYLK t WN1t1 OAK CT 4144 OVERPAY j 02t91600400 66101/06.0404 E:1N S, tG11VND A A ORAOI L TINNVSON TR x68,/3 OV6AF4T r F C AGENDA INFORMATION SHEET e, R- 020 AGENDA BATE: May 18, 1999 k«& Apends DEPARTMENT: Planning Department d/ Us CM!DCNVACM: Rick Svehla, 349-7715 SUBJECT-Z-99-017: (115 Woodrow Lane) Hold a public hearing and consider rezoning 115 Woodrow Lane from a Multi-family I (MF-1) zoning district to a Commercial (C) zoning district. The 0.58 acre property is legally described as Tract 86 out of the Jonathan Brock Survey (Abstract 55) and is located on the east side of Woodrow Lane, south of McKinney Street. The proposal is to construct a pawn shop. The Planning and Zoning Commission recommended approval (6-0) with conditions. BACKGROUNi! Y The subject p;-operty is a vacant tract of land located directly across from the Denton County jail facilities (see Attachment 1 - Enclosure 1 and Attachment 4). It was rezoned from an Agricultural (A) zoning district to a Multi-family 1 (MF-1) zoning district in June of 1971. D The 1988 Denton Development Plan (DDP) identifies this area as a Low Intensity Area. These areas are intended to be developed primarily for single-family residential land uses. ` As such, the proposed rezoning is inconsistent with the policies of the 1988 Denton Development Plan (DDP) as applicable (see Attachment 1 - Enclosure 6). Contrary to the intent of the 1988 DDP, the area has developed as an employment center, spurred on by the construction of several Denton County facilities, particularly the new County Courthouse. Many businesses have moves into the immediate vicinity as a result of this growth. Thus, the character around the Woodrow Lane and McKinney Street intersection has shifted dramatically from being predom°aantly at, icultural or undeveloped and residential to general retail, offices and light industrial. r The surrounding area is now a mix of zoning districts and land uses (see Attachment I - Enclosure 2). Light Industrial (Li) zoning districts located to the southeast, south and east of the site were established in 1977 and 1985, but remain largely undeveloped. The property located immediately east of the subject tract was rezoned to Multi-family I (MF-1) in 1971; an apartment complex was built on this properly in the early 1990's. Several of the properties along the east side of Woodrow Lane south of McKinney Street have been rezoned to Office (0) during the past five years and have been developed as such, The property immediately to the north of the subject properly is vacant and classified as a Multi-family I (MF-1) zoning district. A single-family dwelling remains on a tract of land just north of this MF-1 zoning district; it is zoned Agricultural (A). The northwest, northeast and southwest i comers at the McKinney Street and Woodrow Lane intersection have been zoned General A , Rctail (GR) for many years. All have been developed with retail establishments. The former 1 j Food Lion structure remains vacant, while construction on the southwest comer is nearing ~J completion for a new convenience store and gas station. t, I r, ➢ In contrast to the inconsistency of the proposed rezoning with the 1988 DDP policies, it is consistent with the adopted 1998 Denton Plat. (DP) Policies and the 1999 Growth Management Plan and Strategies as well as the (see Attachment 1 - Comprehensive Plan Analysis section and Encksure 7). The surrounding neighborhood is identified as a Commercial Area that is intended to accommodate businesses at key nodes. Commercial land uses on the subject property would be compatible with existing land uses as described in the last paragraph on the previous page. Eight (8) property owners were notified of the zoning request. No (0) responses have been received. No neighborhood meeting was held. PRIOR ACTIONIREVIElV The following is a chronology of Z-99-017, commonly known as 115 Woodrow Lane: Application Date - March 3, 1999 DRC Datc(s) - Not applicable. P&Z Date - April 14, 1999 ESTIMATED PROJECT SCHEDULE If the request is approved, the property would have to be platted prior to development, requiring compliance with all current zoning, subdivision and landscape regulations. 1 FISCAL. INFORMATION Development or this property will increase the assessed value of the city, county, and school I district. It will require no short-term public improvements that are the responsibility of the city. As a form of infill development, no extension of public infrastructure is necessary to service this site. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this zoning request with the following condition. 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky, Finding that: k 1. It is consistent with the adopted 1998 Denton Plan Policies; it 2, it is the primary intended land use within a f ~mmerclal Area as identified and defined by / I., t the adopted Growth Management Plan and Strategies; 3. It provides rot a compatible vzangemenl of land uses; and 4. it sill provide sire and adequate traffic circulation, e.;. 2. a t, PILL= I. Approve as submitted." 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTAC- H-- MRkTs 1. Planning and Zoning Commission Report, April 14. IM. 99-017. 2. Planning and Zoning Commission minutes from April 14, 1999. 3. Draft Ordinance. 4. Photographs. Respectfully sub ed V~ D Ill Director of Planning and Development P&ayrnieR Plt W r . e c ATTACHMENT 1 i PLANNING AND ZONING COMMIS31ON REPORT STAFF REPORT Subject: 115 Woodrow Lane Case Number: 2-99-017 Sta : Wayne Reed, Planner II Agenda Date: April 14, 1999 Hold a public hearing and consider making a recommendation to the City Council concerning the I rezoning of 0,58 acres from an Multi-family 1 (MF-1) zoning district to a Commercial (C) zoning district. The Intent is to construct a pawn shop. C i k CKOR ST gT 0 SITE IL 8 R J ZS I 1 I I LOCATION MAP Location: on the east side of Woodrow Lane, south of McKinney Street i Size: 0.58 acres 1 94 017 P1 5te9 A'-pdt,Ckx 4. r `.pplicant; Owner: Eric Fry Eric Fry 1102 Broadway 1102 Broadway Denton, TX 76201 Denton, TX 76201 { i The property owner is requesting a Commercial (C) zoning district classification for this 0.58 acre property to allow for the construction of a pawn shop. The surrounding area is a mix of uses and zoning districts (see Enclosure 2). The subject property Is directly across from Denton County facilities (see Enclosure 1). Light Industrial (LI) zoning districts are located to the southeast, south and east of the site. A developed apartment complex zoned Multi-family 1 •I.'F-1) Is located to the east, a single-family dwelling is to the north with office land uses on the fa; side. Tt:ae corners at the Intersection of McKinney Street and Woodrow Lane are zoned General Retail (GR). This area has seen Increased office and general retail development, since the opening of the new Denton County Courthouse, 1988 Denton Development Plan Analysts The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to'be serviced by a network of small commerciaVretail centers spaced at about 'h mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be Inconsistent with both the policies and trip intensity standards of the 1988 DDP (see Enclosure 6). However, staff would like to point out that this area as a whole has developed differently than the 1988 DDP envisioned, dus primarily by the location of the Denton County Courthouse, which opened In 1998. 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within a Commercial Area. These areas are intended to accommodate bualness at key nodes throughout the City. The McKinney Street and Woodrow Lane/ Audra Lane is one such node. The plan recommends that commercial uses not be located continuously along corridors In a "Strip" manner. Currently, the r primary businesses along this portion of Woodrow Lane are offices. Staff finds the proposed development to be consistent with the adopted Growth Management Plan and Strategies as well ris the 1998 DP Policies (see Enclosure 7). V 7 YA DI I PZ Spat Rr~ p' da 5. t. 1. Transportation A. Trip generation The proposed development is for a one-story retail structure. However, under Commercial (C) zoning, the maximum height is twenty (20) stories. For evaluation purposas, staff has created three reasonable scenarios; potential trip generation figures were calculated for a one, two and three story structure on the site. The size of the property (0.58 acres or 25,265 square feet) limits the floor area of a one-story structure to around 7,600 square feet, considering landscaping would cover twenty percent (20%) and a parking lot fifty percent (50%) of the total site area. A two-story structure would then provide 15,200 square feet and a thrim-story 22,800 square feet. Table 1. Proposed Commercial Trlp Generation Land Use Average Trip Total Trip Maximum Buildout Generation Per Generation (square feet) Commerelall General Relal 40.67 trips11,000 309 7,600 (one-story) Commerciall General Retail 40.67 Uips11,000 618 15,200 (two-story) Commercial! General Retail 40.67 trips11,000 927 22,800 (three story) Allowed Trip Generation 0.58 acres 35 60 tripslacre i(,fe~'e~,f ' ~-~f vF ~+27,4, ±5$ 92 i>?~~!l~r• Caleuhtlons provided by the InsUruta of Transportation Englneers,1991. The proposed development would produce traffic above the allowed trip generation figures of the 1988 Denton Development Plan (ODP). However, this Is due to the fact that it is classified as a low intensity area. The 1998 Growth Management Plan (GMP) identfies this area as commercial. A higher trip generation will be allowed in such areas. Using existing traffic counts and tolerable traffic flow for Woodrow Lane (see Capacity below), there is ample capacity available on Woodrow Lane to acoommodate any of the above scenarios. There are 4,205 available trips available south of McKinney Street (14,900 - 10,695) and 6,723 trips available north of McKinney Street (14,900 -8,177). Staff finds that the proposed development will not create a foreseeable traffic problem. I B. Access This property would be provided access onto Woodrow Lane. C. Road Capacity Woodrow Lane Is Identified as a secondary major arterial road by the 1998 Denton Mobility Plan. This road Is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. Woodrow Lane is currently constructed with four (4) lanes without parking. The most recent traffic counts for Woodrow indicate that there is adequate capacity to handle the calculated t ps that could be generated by the proposed development, A traffic count on Woodrow Lane counted 10,695 trips In the northbound lanes south of the intersection at Mclanney Street and 8,177 trips in the southbound lanes north of the intersection at McKinney Street. 14) Cp U F1', it Ra;•N t(1,: Ik 6. D. Pedestrian Linkages Sidewalks will be required along Woodrow Lane. 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 3). 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. j A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. ' 5. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35.301) of the Code of Ordinances. i 6. Landscaping This property will have to comply with the Denton Landscape Coue (Chapter 31 of the Code of Ordinances), which requires fifteen (15) trees per acre and twenty (20) percent of a!I surfaces to remain pervious (plantable area). Section 31.7(3) of Chapter 31 of this chapter requires commercial uses to provida a bufferyard when they are adjacent to single-family, muitHamily and lesser commercial uses. This site would be required to buffer along its north and east property lines from existing residential development. 7. Open Space and Recreational Areas Nonresidential development is not required to participate in the development of public recreational areas. 8. Lighting There are no restric'.ions on lighting. 41, January 14, 11969 - The subject property was placed in an Agricultural (A) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton. June 11, 1971 - The subject property was rezoned to a multi-family 1 (MF-1) zoning district land use classification, amending the zoning ordinance and map for the City of Denton (see Enclosure 2). The subject property is not platted and would need to be platted prior to any development I'~) 017 FI 5!a7 Repnit.der S i i Air j Notice of the zoning request was published in the Denton Record-Chronicle on April 4, 1999. Eight (8) property owners were notified of the request on April 2, 1999. As of this writing, there have been no responses. No neighborhood meeting was held. ~.7#TIIJ • :~~y y$ ti ~ a ay n.~ ..yam-t~,•a Staff recommends approval of Z-99.017 for Commercial (C) zoning district designation with one condition. To protect adjacent residential properties from filtering light from the subject property, staff recommends that lighting on the property be designed and maintalned so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffuslon Into the night sky Though the request Is Inconslsfeit with the policles and paln of the 1988 DDP, it is consistent with the policies and growth management plan of the 1998 DP (see Enclosures 8 and 7). It Is the type of development Intended within a Commerclal area as Identified and defined by the Growth Management Plan and Strategies. The propused development will j provide for a compatible arrangement of land uses, protect existing property values, and diversity land uses along Woodrow Lane. I move to recommend approval of 7-99-017 with the following condition: 1. Lighting on the property shall be designed and maintalned so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffuslon into the night sky; and finding that: 1. It Is consistent with the adopted iq8 Denton Plan Policies; 2• It Is the primary Intended land use within a Commerclal area as Identified and defined by the adopted Growth Management Plan and Strategies; S. It provides for a compatible arrangement of land uses; and 4. It will provide safe and adequate traffic circulation. 4 y1, Recommend approval as submitted. 2, Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. ZDV) 0I1 of 5!401 Rei,Meldx 1 B. r a I. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200' Property Owner Notification Map. 6. Denton Mobility Plan Map. S. 1988 Denton Development Plan (DDP) Policies. 7. 1998 Denton Plan (DP) Policies (2 pages). I llr ~ 2.99-011 Pt Stalf Reppt 9. c ENCLOSURE i NORTH Z-99-017 (115 WOODROW LANE) III 11144Au Ma I I II DENTON COUNTY COURTHOUSE ` H W_ 'a, AND FACILITIES ,,}q~■ W ~~1M 81 E i If VICINITY MAP Agenda Data: April 14, 1999 Scale: None 10. i c. ENCLOSURE 2 Z-99.017 (115 WOODRO'IN LANE) NORTH tt■ a4r. 6$1 L IN ai.e1 lv I 1 M 7 _ rr I v;;I__ I _T e■ I r~ ri~t. ~ ~ a 1 re I~ 1I e MI DENTON(COUNTY ~la,au COUR111Ot1t! ~ ~ ~ AND F IIrTIEt I i 61 _6 SITE I to I ! Mme`, U ~ I ~ ' 1 ZONING MAP Aganda Date: April 14, 1999 Scale: None 11. c II r ENCLOSURE 3 1 14ORTH Z-99-017 (115 WOODROW LANE) MEL • a l• SITE r° . 0.... EXISTING UTILITIES MAP Hydrants • - Water Line (W. L.) • Sewer Line (S. L.) Electric Line (E. L.) r Agenda Date: April 14, 1099 Scale: None 12. 4 c 1 ENCLOSURE Z•99.017 (115 WOODROW LANE) NORTH 1 ftUni!L"Hi lull w .rr ■ ~srr 200 FO BUFFE ITE 500 FOOT OFFER . _ 1 200.500 FOOT NOTICE MAP ~ t - , C Agenda Dale: April 14, 1999 scale. None 11, i i ENCLOSURE 2.99.017 015 WOODROW LANE) NORTH DENTON COUNTY COURTHOUSE ANDFACILITIES I F1 ~ ~ MM MIS M S! E I DENTON MOBILITY PLAN MAP /v Freeways Primary Major Arterials Secondary Major Arterials Collectors , i Agenda Date: April 14, 1999 Scale: None U. i c I I I I i I a. ENCLOSURE 6 1988 Denton Development Plan Analysis The 1986 Denton Development Plan (DDP) shows this area to be within a Low intensity Area. These areas are Intended to be developed primarily for single famlly residential development. Neighborhoods are to be serviced by a network of small commerclallretail centers spaced at about %a mile intr vals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within tow Intenslty Areas I~ restricted to 66 trips per day per acre in order to balance land use with road capacity. Staff finds `fle proposed development to be inconsistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1998 Denton Development Plan pollcles applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Developmert Rating vs. Polity POLICY COMMENTS it stet Inconsistent conostent Went These areas represent primary tousing areas within the Clry. X intensity, To be consistent with the Allowed Intensity • 60 trlpyacre Plan, a development should not exceed Its Allocated Intensity • )S toslte allocated Interslty, X Site Plan Control. Strict property development control within 1,600 feet of existing low density residential areas. X Traffic Design. Access should be + provided to ensure that muibdarrlly of tai-residential uses have access to mllectom or larger arterlals With no dlred " access through resldenbal streets, x Open Space. Sufficient green space, Not applicable. recreational facilities and diversity of parks I are provided. Public Participation. Input IMo planning by neighborhood associabons and 1 councils Is encouraged. x Land Use Diversity. Non-resldarrUal and multi-farrOy development Is encouraged to a IiMted degree, x Manufactured Housing, Thls form cf Not spplieabta s irgledamlly housing may be compatible with dwelopments In the low Intensity areas subject to conditions, Strip Commercial, Any Rxm of conb%ous strip comnerdai Is strongly / r discouraged Wor near low Intensity areas, X ~ I 1 99 011 PZ SraIf R!yrort,rkc 15. r ~ w ENCLOSURE 7 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used In conjunction With the 1988 Denton Development Plan In I evaluating the consistency of proposed development with the long range vislon for the city. Staff rr:,ds the proposed development to be consistent with the policies of the 1988 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy . ~ CATAGORY POLICY Inconsistent 1yjk a* consistent Transpo lotion. Comptlme ds Oenton's Lap Prange Thorougida a Ran. X Promotes Access ManagenrentPractices ::`;•v:.,.. ;t};.. X optimizes operations for eroergency service providers a.4 s K',u ether public service providers. I ' X Promotes "Ic transportation system. X Contributes to the Denton Tralh network Stormwater Drainage. Pro cis 100 year Roodpialn areas In occordance with +,a r . Denton's watershed rlaWrnent plans. X Conforms to lout subNslon regulabons Contr bates to rcq oral detmtlon fadlit es. X', Provides for nabtat riparian erMronmrit along Aoodptaln• 1` 4 X 4 upgrades existing substandard oralnage systems as in!W _ and redevelopment occur..;.. l I Water and Develops and rhaintalnl property end private r ; r'r Wastewater. Infrastrutut. X Creates oppoturNly for oversizing water and wastewater ones to meet future development demands, k S RW&s revlaw of proposed water and wastewater . Infrastr clure to ensure putle safety and health. ' ••.,r X r:1 Ny ' Prorates InRll lmpravemehts over new line extensions. X Electric. Provides underground ele&k servt x for new res denoat + ' ° c and nonresidential development. p X solid Waste. Promotes efficient access to ell development for solid x 1 waste service delivery. - X Parks and Recreatlon. louts parks and recreation fadl!M In accordance with r GrtY l the Parks and Recreation Strateoc Ran, c1+C1f ! Enhances parks and reacatan opportunltles for residents, Reserves flxdptain for parks and open space to old In flWplaln conservation efforts. X Allows combining of parks wlth ether public fadllties to achieve cost-effective Vvery of putyk serAces. Residential development should dedicate land or fees in s, bleu of land for neighborhood parks. 1,I X r Envlronmanhtquality. Prnratespreservation or naturalresources k A v Iriteg, aces envlrwAiental protection with econornk I growth and community development. I z-n9 011 PZ Stir RelvAttkx r 16. wa~e~s nuirrsra~raerar s i l' V ~ 1998 Denton Plan Policies Analysis (continued) g, Denton Plan Policy Analysis Summary Oeveloproent Rating vs. Poky CATAGORY POLICY baxrKsteM MP's [onpstent Ndphborhooda Rovldea 6Ir" m pubac and tArrUAv WAN for a 7 , repdentl86 w!i¢rbortaods r ;a fnawrap ; a mWe of land um gut ba+eRt re9dentL G x Protects and pvwm oxiOV rv phborhoodc a , between neighwoe~ mredae vd WAar trgs x Flouainp. Provides a range of hoorah types that apped to difk"- emrgmlc and WA" ufe•A}Aes. Oft n a varMe of pnple famsy bl pie; btA&V pies, and pla ranges. Reserves eb;arp tauping, aidudrq affordada hadrp. lntseases lMG houpng oordhKbm v nomle gontributn to a shorq IN dvftw btel easnahy by DtvanMcatlan Inaeap g empioyment and expandrp the ten twee, x Omrsmmen6 Erwirages InterpovurvrYrntal coorduum to MwIde Urban Design. AdaressM comrnun{ty appearana In a catnreheratve ff"dr. DNerdfks erdritedurd appearance d buin envlronvnent Nclgt bahood IA devebpment proutd be cv'nWble with e A" fond uses and twiksrgs, Roteds and pesvm Denton's ar&Aedurai, oRhrd and Nstoru rebturcea. E-har"s the apm"Mce aioM g maJor enbanoe to Promotes the prgs lbon of ft" and landau ft x Publle lnvolvamant Provides an oppor w* t'or pubik oprvron durbq V* d Z-99-017 P2 Starr "atdoc 17. jl 4~ a ATTACHMENT 2 Page 23 1 34-114(5) be granted for Scribner Addition for perimeter t preliminary plat of Lot 1, Block 1 of the Scribner 2 paving as recommen&A by staff As the can of rebuilding 2 Addition contingent upon the approval t , the 3 Egan Road across the frontage would exceed any 3 aforementioned variances by the City Council. 4 reasonable benefit to the property. 4 MR PISHELt Seotmd. S MR.1t1SHEL second. S MIL ENOELBRECHT: it's been moved and 6 MR LNmELBREctrr: R'a been moved and 6 seconded to reoonuttettd approval. D!icussion on the 7 seconded to recommend approval. Any discussion on the 7 motion? All In favor raise your right hand. Motion 6 motion? All in favor please raise your right hand, I carries unanimously. 9 Motion carries unanimously. 9 All right At this time we will begln our to Item 6D then is to consider approval of to public hearing portion of the meeting this evening. And I I Prot minary plat of Lot 1, Block I of the Scribner I I before we hold the first public hearing, I would like to 12 Addition and Mr. Reed will provide us with a staff I2 review briefly with those present our procedures for 13 repot mgarding that Issue. I ) public hearings and they me on the overhead to your 14 MR REFO; First, I'd like to remove any 14 left. First, l will open the public hearing. Following 13 confusion. 1 believe that a preliminaryversion of our is that, Ile staff will read tht petition, give its report 16 staff report was put in here on top of the actual one 16 and make a staff recommendation. And At that time the 17 and the preliminary version relented to the final plat 17 petitioner will be granted an opportunity of ire minutes 16 and the preliminary plat, Since this Is the soma I I to Speak. 19 property that we have made throe motions on already 19 Following that we'll ask persons who are In 20 tonight. I will soon ova the usual Introduction of 20 favor of the petition to each speak, limited to five 21 what wc'n doing here and simply say that now we're 21 minutes. Following that the persons in opposition will 22 looking at approving the r:rt contingent upon approval 22 each be granted five minutes to speak And if there is 23 of the exaction variancer II;y City Council. 2) opposition at that time this is No. 6 the 24 And on page 2 of Item 61), staff report, 24 petitioner will be allowed an additional five minutes to 25 under the suggested mod on, I'd like to clarify that 25 speak In rebuttal. Page 22 Pat 1 motion should be that you move to approve the 1 At that time the Chair will close the public 2 preliminary plat please scratch out the reference to 3 hearing. The staff will present any final remarks Anil 1 3 the final plat or Lot I. Biock 1 of the Scribner 3 C-timissiorm will discuss the petition and make their 4 Addition contingent upon approval of the exaction 4 decision. S variances by City G until. Of course, we cannot approve 5 Some notes. Any speaker may be allowed 6 tl~e final plat until the variances am approved as that 6 addidmal time to speak by a vote of three members of 7 affects the final plat docut.rnt, as well as affects the 7 the Commission. We would ask tack speaker to concern s preliminary plat a him or herself with presetting new information not given 9 The prliminary plat in t1 is can would have 9 t y previous speakers. And, finally, Comndssloners mr. to to show the sidewalk across the !rant of this property 10 at any time ask questions of anyone and call on the I1 and If city Council denies thr.t particular vart.utoe, l I staff at any time and may adjourn to close session as 12 then they would have to cane back with a pttlimins y 12 allowed by law. 13 plat showing the proposed sidewalk along the entire I ) Okay. Our first public hearing this t 4 frontage. 14 evening, which is Item No. 7 on the Agenda, is to Is At this time staff rommmends approval of 15 consider making a recommendation to the City Council 16 the preliminary plan contingent upon City Council's 16 concerning the marring of 0311 Acres from An 17 approval of the variances. I'd be happy to answer any 17 Agricultural district to a Commercial district. The Is qtR,dons. I a property is located on the east side of Woodrow Lane, 1 19 MR ENaELDWRT: Commissioners, any 19 south of McKinney Street. The proposal is far a pawn ' A 20 questions for Mr, Rood? I'll ask one more lime, is 20 shop, At tub time I'll open the public hearing arid Mr. 21 there anyone present who would like to Address this 21 Reed from the Planning staff will provide tie staff 22 issue? Anyone present who would like to address this 21 report 23 particutsr Issue? In tint ease, Commissioners, any 2) Mtn REm. fhank you, Chairman Ettgalbrerht 24 comments or a motion? 14 11e fun toning case we have here tonight Involves a 2$ Ms. APPLE: I'll move to approve the 29 property that Is touted just south of McKinney Street PLA WN0 AND ZONiNO APRIL 14o 1"9 16 Page 21 • Page 21 Comdenseit"r _ Page 23 Page 27 1 on Woodrow Lane. As the location map illustrala, this i that site acjjacnnt to the apartments. 2 is in the, gore or kse, the central east part of town. 2 This area has seen new development and is 3 The vicinity map here &;tnonstrates the 7 stilt experiencing that new development 'INS is on the 4 surroundings of Us property. Lamedistely across 4 north side of McKinney Stmt looking at the what is s the southwest corner. Currently a Mobile gas S Woodrow Lane is a portion of the Denton County 6 facilities. To the east, immediately behind this 5 statiorJconvenleace store is under construction. And, 7 property, Is an apartment complex, I believe Courthouse 7 of course, most of this activity in this area, 10 8 park. To the north is a remaining alrngle-family t include the petitioner's request, is the result of the 9 dwelling The property is up for ode. And to the 9 development that's occurred there because of Denton j 10 south there are businesses located presently there. 10 County. And this is the courthouse, of course, that l l And having described the surroundings, I'd 11 we're all aware of has been built recently opened. 12 like to present some photographs of that area to 12 MR. POWELL: Mr. Reed, would you put ti•.e 13 familiarize anybody who has not visited this sit. or is 13 first sheet that you had back up again? The very first 14 not swan of its surroundings. lids picture is looking 14 one. I think it's already there. No, not the first 15 south down Woodrow from the Dmtom County facilities is picture, the first shed All right Second street 16 across the frontage of the property. Y vi can ace in the 16 then, I guess. Okay. Tell me what's southeast of 17 background, this Is the south boundary line of the 17 there. I'm sorry, southwest 36 property with the existin; businesses In the photograph. I I MIL REED; Right here? 19 Here looking north along Woodrow Lane at the north end 19 MR. POWELL: Yes. I 20 of the subject property, we we the existing 20 MR. REED: I'm sorry, I can't ell you that 21 single-family dwelling. Just to the north of that there 21 I was out there taking the photographs, but I didn't 22 Is an office complex which has recently been built and 22 look that way. 23 that was rezoned about a year ago. This isjugt a 23 M1t POWELL: I think that's a City facility, 24 tittle closer photograph of the two businesses on the 24 isn't it? That is probation and that it animal control? 25 south end. 25 So the animal control would be that little one we see Page 26 Page 28 I As 1 mentioned, there are apartments on the 1 down there. All right Thank you very t-,4h, 2 back end of this property. This shows that just across 2 Ma. REEa Thank you for pointing that out. J the fence towards the south end of this property, some 3 Nip POWELL! 7btu's City animal control. 1 4 apartment buildings do come relatively close, probably 4 want to point that out S within about b i feet from tha fence line. Standing on S Ma. REED. td like to point out that 6 the back half of this property looking back at Woodrow 6 because this area has develxed in a non-rcsldential 7 Lane, this is a photograph of the Dcu lon County facility 7 manner during the '90s, the zoning map points out that 8 which is located immediately across it. Commissioner 8 tits partieulm piece of property is now surrounded by 9 Powell, exactly which facility is that? 9 predominantly light Indusriil properties and that area 10 SR POW'ELL: Thai's the Donlon County Jail. 10 includes the Denton County facility property, the i I You can tell it's got the fence around the roof, 11 facilities that we just pointed out, the City Probation 12 MR. REED. Okay. This is another p,iotcgraph 12 Offrae and the Animal Control Center. 13 of the site. Presently it is undeveloped and has some 13 Also, the offices located to the south are td asphrit, rock and gravel, Pnd an old foundAon of a 14 in a light Industrial coning district and there Is a 15 single-family dwelling on it, This particular 15 large undeveloped district right here, 71ere's, outside 16 photograph, though, it's not clearly visible to those of 16 of that, the muld-family =,ins district which covers 17 you who arc looktn3 at it, it demonstrates that other 17 the exWng apartment com; lax and the single-fam!ly is than the one set of buildings whch come close to the 1s house that isjust to the north of this which, again, 19 fence line, the remaining portion of this adjoining e-9 the property Is for We Is in a Muhl-Fa illyi At 20 property line is adjacent to a parking lot of the 20 coning district and, of course, that's what this f f.. 21 apartment complex, 21 property Is currently 2on>d. 22 So this really, even though i! is adjacent 22 the request for commercial also snakes 23 to an apartment complex, it is one building that tomes 23 Important Its relationship to existing infrastructure, 24 close to the adjoining property lint. This is another 24 transportation Infrastr tiro, the Denton Mobility Plan 25 photcgraph showing a row of some rather large trees on 25 does identify the Woodrow Lux, this portion Of Woodrow PLANNING AND ZONING APRI1.14, IM Page 25 • Page 28 19. r. I I i Condeniteltn` Page 19 Page 31. I Lane at a secondary major arterial. And the most rorodtt I Ma. emm amm, Questions for Mt, Reed? III, 2 trams counts at the Intersection or McKinney 2 Mr. Moreno, 3 demonstrate that there is more thin adequate capacity to 3 MA Mou NO Yes, air, Mr. Reed Ail 4 handle any potential tramc that would be goversted 4 understand the Intent Is to build a pawn shop, but this S from a commercial use on this property. S particular can does not restrict him to only a pawn 6 1'd like to correct myself. I'm looking at 6 shop, He can build anything within s commerctal toning 7 the report and it says that dill is from Ag to 7 district; Is that correct? 8 Commercial and that should be Mulch-Famllyl to 6 MA REED. 114t is ONa L 9 Commercial. So as l was writing It 1 was going a little 9 Yes. Mom Yank you. to blank, 10 ML ENaEtB gmr other questions for Mr. 11 So as I've pointed out. I've talked about I I Reed? Qlven that curb cuts and that sort of thing would 11 the trip ieneratlon that would be created by commercial i 2 come at platting, I was wondering about the Finding No. 13 land use here, It would have an locrentental impact on 13 4 that says this will provide safe and adequate traffic t4 any transportation or come ns on Woodrow Lane. Staff j4 ciroulatlon 1 don't know bow we can make a statement IS feels that that would not be a commrn here. I6 about traffic circulation given that we don't really 16 Access to this property currently has 16 know where the curb cut is or how it will be other 17 accou onto Woodrow Lane as there are several curb cuts t7 than we know thr+t it has to be a mtnlmtun standard, to 18 there, Elowevvr, any development of this property would I6 this basically referring to it name count? 1s that i9 require platting and during the plotting driveways i9 what we're trying to say? 20 arc not reeessarily a part of our platting process, but 20 MIL REEM Its impact on existing traffic 21 driveways would be addressed by the Transportation 21 pattems there, as well as its access onto an arterial 22 lkpartmrnt with any actual development on this site. 22 at opposed to a local or a collector road which would go 13 The property was rezoned to Mold-Family In 1571 and at 23 through a resldcetW area, so if a commercial plea of 24 we're all aware, It's remained undeveloped. 24 property had worm you know, If these was a request 25 The public notice want out to eight properly 21 for a rezoning to Comm erclal for a piece of property Page 30 Pal 1 owners within 200 feet, No neighborhood meeting was 1 that had seem onto a read which would go throoo a 2 held and we've received no responses to that notice. So 2 predominantly residential area, staff might not 3 staff recommends approval or this request with one 3 recommend that that's ono of the findings. In this 4 condition And that is our standard lighting condition 4 case we believe It is. But, again, staff just S where lighting on the properly shall be designed and s recommerds those as findings. You can add or remove any 6 mainta.1mJ so as not to shirr. on or otherwise disturb 6 of tl ase, 7 surrounding residcmial property or In shine and project 7 Ms: 6 aiia mr, All right. 1 wonder if I 8 upward to prevent the diffusion into the night sky. 6 might ask Mr. Salmon a question with regard to this 9 Staff finds this request consistent with the 9 particular property, Given that It's what we appear 16 1998 Aston Plan Policies It It the primary Intended 10 to we developing along Woodrow Lane is a smaller lot I 1 land use withiln a commercial area at Identified and i I development a opposed to a large segment lot, And I 12 deCned by the adopted Growth Management Plan and 12 know In the peat we have been concerted In the City 13 Strategles. And it will provide for a compatible 13 about having a large number of curb cuts onto secondary 14 arrangement of land uses and will also provide safe and 14 major arkrids and some collectors, as well. How will 15 adequate traffic circulation. IS this be handled at the planing stage In order to ensure 16 1 did not point out In my presentstioc that 16 that As these properties develop along here, in what 17 this Is Inconsistent With the 1988 Denton Dcmlopttent 17 appear to be rather small lots for a comutervlal area, 18 Plan. That Is primarily why w'e're going through a new if that we minlmize the number of curb cuts In order to r 19 comprehensive plan process, as i pointed out, by 19 mutlmlze the traffic nttw along Woodrow 1ane7 t t 20 describin„ the area. 71ils area his not developed u a 20 MA SALMON: well, when usually the first 21 low-Intensity arcs, which agaln is primarily meant for 21 time someone comes Into the Development Review 22 resldential development. So staff feels that it Is a 22 Committee, wbethet that be at a toning or or a 23 request which we should grant because It It consistent 23 platting stage, we Inform them of the requirements (a 24 with our current Growth Management Plan and Strategies 24 drive . nprosches. On Woodrow Lane, being a secondary 2S and our policies. 23 arteria., drive approaches an: going to need to be a PLANNINO AND ZONINO "RIL 14, 1999 20. Page 29 • Page 32 c Condon: a`ttfe Page 33 Page 1 minimum or., 00 feet apart. l or t 1.017 with ebe following condition that *ting I I don't know what the elm of thls 2 on the p;' `arty shill be deatped and maintained so as 1 3 particular lot Is and also realizing that we have to 3 not to shins ~ or otherwise disturb surrounding 4 grant di lots have to be grunted some sort of 4 residential prop or to shine and project upward to I aooess. We're going to have to work with them to make S prevent the diffue. 'nto the alght sky. 6 sure that they comply with our drivevny ordinana. 6 KrL ENatsr,81MCHT, is there a second? 7 In a similar situation just up the street, 7 M0. POWELt+ Second, t S several years ego, I think It was a lawyer platted a 8 MA DMEt9RECKtS Is there any discussion on 9 plea of property and built a law office. In that 9 de netlon? All lit f►vor raise your rlghl hand. Motion 10 particular Instance we required that developer to build 10 carries unanimously. i l his drive approach on the nwhem property line or his 11 Item & this eveniq Is to hold a public 12 lot so that when the lot t.: * 13 the nosh of him 12 hearing w consider making a recommendation to the City 13 was developed, they ouid a ,.quIted to share the same 13 Council concerning the rezoning of 2.09) acres from 14 driveway. 14 Agricultural to General Retail. The property is legally Is if I recall now the lot to the north her IS described as 2.093 aces In the Gideon Walker Survey. 16 been roned I think for another low offloe, although 16 It is located on the north elde of 1.35E service road, 17 const, : ction hasn't begun, and they are planning to I I approximately 500 fat south of PocPna Page Read. IS share the driveway. So, basically, whet we'll have on II The proposal is to allow for retail 19 two lots wl h one driveway, 1 would usuae we would try 19 development and Ms. Nilaeert from the Planning Deparuner 20 to work something out similar to that with the owners of 20 will provide us with the stairs report The public 21 this lot, At this point they have not been at 21 bearing Is open, 23 Development IL-view Committee yet boesuse they're just at 22 Ms. NttSSEN; shank you, Mr. Chalr, 2) tic zoning stage. But when they do come In to plat, 23 Comuduloners. As mentioned, We Is a 2 093-acre site 24 we'll be looking at their lot and determining viral side 24 on South 33F., about 500 fat wuth of Pocfws Page Road. 2$ that the driveway nods to tie on and they're probably 25 It Is currently uxted Agricultural. it was put In that ` Page 34 . Page 3 I going to need to plot a mutual ae¢oss easement on their I timing district In 1969. The 1988 Denton Development 3 plat to allow for adjacent properties to use the same 2 Pla.t classifies this area as a moderate Intensity area 3 driveway. 3 which signifies a mixed use. This proposal is 4 Mat. ENGELORECM: All right, Thank you, 4 wuis;`nt with the 1986 Plan and IN 1998 Denton Plan S Any questions for Mr. Salmon? Thank you, air. Are S Policies end Growth Management Stntegles. It Is , 6 there any other questions for Nt. Reed aI this time? 6 somewhat lacorAsten4 however, with the '88 Plan due to 7 Okay. Thank you. Is the petitioner or petitioner's 7 26 percent over of the suggested Trip Intensity 8 representative present? Yes, Sir, Would you tike to 6 Standards Therefore, we are stnggesting 125 percent 9 make any statement? 9 Unit on the lot eoveraga In order to mitigate those 10 REPRESENTATIVE: No, 10 Impacts. I I MR ENOUnRECIif: Just ki the record be 11 This property is not platted. It would need 12 noted that there was s representative present but It 12 to be platted prior to development Notice of this 1) indicated - he declined to make any eotr=nts, Is the 13 public hearing was piaoed In the Denton Record-Chrtmlcb 14 anyone present who would like to speak In favor of this 14 on April 4th, 1999. Six property owners were notified 15 petition? Anyone present to speak in favor of the is of the request by oertiried melt on March 3lst. 16 petition? 16 Tldrtxo cautery notices were mailed out. ere well u 17 In th+.t case, Is there anyone present to 17 infornational signs were pIe,ud on the property, I I8 speak In opposition to the peddon? Anyone present to 18 receivat one Segal notice back in favor of the request I9 speak In opposition to the petition? Sexing no 19 and sever courtesy notion that were undeliverable, A r r' A 20 opposition, we'll waive rebuttal. Tho public hewing 20 prospect of a neighborhood meeting was discussed with t: 21 Is clos ;d, Mr. Reed, any final staff remarks? 11 the applleart and the applicant elated not to hold a 22 MR. REED; No. 22 rA*borbood mating, 23 MR. ENGELBRECNT: Commissioners, are there 23 Again, the proposal IS consistent with the f 14 any questions or staff, any contrnents or a mutton? 24 188 Denton Development Plan, ilea to the point that it 3S MS. APPLE I'll move to recommend approval 2S does arfect a major thoroughfare and does support a PLANNING AND ZONING APRIL 14o 1999 21 Page 33 • Page . lIII I VSHARZ DIDFJ'r1L000ur D"wmmu`Ordimnn ' II ATTACFSMENT 3 w ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY 1 (MF-1) ZONING DISTRICT CLASSIFICATION ANb USE DESIGNATION TO COMMERCIAL CONDiT10NFD (C(c]) ZONING DISTRICT CLASSIFICA7. )N AND USE DESIGNATION FOR 0.58 ACRES OF LAND LOCATED ON 71IE EAST SIDE OF WOODROW LANE, SOUTH OF MCKINNEY STREETf PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTATI DATE. (Z-99-017) WHEREAS, Eric Fry, on behalf of Thomas Whitlock, has applied for a change in zoning for 0.58 acres of land from a Multi•damily I (MF-I) zoning district classif cation and use designation to a Commercial (C) zoning district classification and use designation, and WHEREAS, on April 14, 1999, the Planning and Zoning Commission recommended approval of the requested change In zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 0.98 acre property described In the legal description attached hereto and incorporated herein as Exhibit A Is changed from Multi-family 1 (MF•I) zoning district classification and use designation to Commercial Conditioned (C(c]) zoning district classification and use designation utHler the comprehensive zoning ordinance of the City of Denton. Texas, subject to the following condition: 1, Lighting on the property shall be designed and maintained so as to neither shine on or otherwise disturb, surrounding residential property, nor to shine and project upwards and diffuse light into the night sky. SECTION 1l. That the City's official zoning map is amended to show the change in zoning district classification, SECT[ON 111. 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 cffense. 51.CTiON 1V, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Sc cretary Is hereby directed to cause the ca,kion of this ordinar ce to be (/f published twice in the Denton Record-Chronicle, a daily newspaper published In the City of Denton, Texas, within ten (10) days of tha date of its passage. 22. E a N ' u I I PASSED AND APPROVED this the day of .1999. i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HER13ERT L. PROUTY, CITY ATTORNEY I I }Y ' 73, C u I i EXHIBIT A 0.66 A CRE All that cortsin tract or parcel of tend lying and being aavetod on the Jonalhan BrocA Survey Abstract Number 66, fn the City of Denton. Denton County, Tea as. and being a part of a called 2.62 acre freer described in the Deed to Alex Dlckle recorded in Volume 325, Page 202. of the Deed Records ofDonton County, Tixea and beinga resurvey of ait a freer of land described In the Good from Lillie Hilliard to Thomas W, Whitlock or of, recorded in Crerk's File Number 97•0073064 of she Rost Property Records, Denton County, Texas, and being more particularly described as follows; BEGINNING of the Southeast cornor of said 2.62 acre froct and a Southeast corner of sold survey W a 6r6' iron rod found for corner; THENCE South 69 Degrees 46 Minutes 30 Seconds West along a South fine of sold survey a distance of 144.66 foot to a cappod fR' iron rod sot for corner In the East line of Woodrow Lane; THENCE North 00 Dogroos 00 Minutes 69 Seconds East with the East lino of Woodrow tone a distance off 16.23 foot to a capped VV Iron rod sor for cornor; THENCE South 69 Degrees 37 Minutes 16 Seconds East a distance of 144.67 foal fo a capped IV Iron rod set for corner and being In the West line of Country Park Addition, recorded In Cabinet L. Page 320 of she plat Records of Denton County, Taxss; THENCE South with the West line of said Addition a distance of 1 ?4.70 foot to THE PLACE OF BEGINNING snotconfalning 0.66 acre of land mono orless. r d l~ 0 r+; 24 . i I Iiyr I II ATTACHMENT 4 Z-99-017 (115 WOODROW LANE) PHOTOS 1' I I 1 ( I/ fyr +u~. ~ i c Photo 1. VIEW locking southwest across Photo 2. View looking west back across Woodrow Lana at the sub oct ro ed dashed Woodrow Lane at the Denton 1 p R Y( County jail facility, oullme) from the Denton County property. ~ ti J• t' y. ~xa:`~iyre J 1 I Pop' Photo 9. View looking north across Woodrow Photo 4. View looking south across Woodrow lane at the remaining single-family dwelling and Lane at businesses located to the south of the several new cff,r.o buildings subject property WMIF-MRm 4 A " r 1WMw! Photo S. View looking south at the McKinney Photo 6. View looking across McKinney Street Street and Woodrow Lane jAudra Lane) at the new Denlon County Courthouse which intersection Currently, a convenience store is has spurred much of the new nonresidential under construction. development in this area, ~1 i t M f Z-99-017 (115 WOODROW LANE) PHOTOS i -,I`Y.:.a.+^nYw j~~^ 'L~l'Y9`~~Y~. `'"lM~✓1'1W f„ Y Photo 1. View looking east at the backside of Photo 1. View looking east at tM baclalds of Pie undeveloped Multl•fsmily II (MF•t) [oning the subject properly with spertmanis In the district with apartments in the background on the background on too other side of the Wa. other aide of the fence. w. a90.01'I'M1L.e nu~li J,rr -261' r„ t m r c, s AGENDA INFORMATION SHEET A 116 ZO 0111 AGENDA DATEt May 18, 1999 DEPARTMENT: Planning Department CMIDCM/ACM: Rick Svehla, 349.7715 SUBJ) - Z-99.022; (Doge Creek Office Park) Hold a public hearing and consider amending the conditions of Ordinance 4 153 to permit an additional two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, and one monument sign per lot as well as one If building (wall) sign per office building. The 4.982 acre property is legally described as Tract 7 f out of the J. Fisher Survey (Abstract 421) and Is located on the on the east side of Teasley lane, opposite of Bent Oaks Drive. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99-022) BACKGROUND Y The subject property was recently rezoned to an Office (0) zoning district land use classification by Ordinance 98.153 with conditions (sce Attachment 1 • Enclosu-e 2 (zoning map) and Enclosure 9 (Ordinance 98.133)). The property remains undeveloped, save for the existing single-family dwelling (sec Attachment 1- Enclosure 10). Y The proposed development Is consistent with all of the policies of the 1989 Denton Development Plan (DDP) as applicable and all of the 1998 Denton Plan (DP) Po?ides and { the 1999 Growth Management Strategies and Plan (see Attachment 1 - Corr,,•ehensive Plan Analysis section and Enclosures 6 and 7). Y Fourteen (14) property owt:cn were notified of the request on April 20 1999. As of this writing, there have been two (2) responses. One Is In favor, while the other Is opposed. The opposition constitutes loss than twenty percent of the surrounding land area within two hundred feet of the subject property. A neighborhood meeting was held on March 29, 1999, at which no residents attended. The owner and applicant did attend. (PRIOR AC"EM REVIEW The following is a chronology of Z-99.022, commonly known as Dove Creek Office Park; Application Date - March 17, 1999 DRCDalc(s) - Not applicable P&Z Date- April 14, 1999 ESTIMATED PROJECT SCHEDULE I The Planning and Zoning Commission will consider the final plat for Dove Creek Office Addition on May 26, 1999, c i U FISCAL INFORMATION Development of this property will Increase the assessed vAue of the city, county, and school district. It will require no short-terns public Improvements that are the responsibility of the city. As a form of inffll development, no extension of public Infrastmeture is necessary to service this site. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommem's approval (6-0) of this coning request with the following conditions; I . Permitted Uses. That permitted land uses be resuicled to those described In the list ` attached hereto and Incorporated herein by reference as Exhibit 8, and limit land uses permitted with a Specific Use Permit to those ordinarily permitted within an Office (0) zoning district with an approved Specific Use Permit. 2. Signs. Signs shall conform to the nonresidential restrictions described in Chapter 33 of the Code of Ord nances, except as follows: A. Wall Signs. Wall signs shall be allowed on all buildings. However, no wall sign shall be allowed on any wall of a building that faces (abuts) Teasley Lame. S. Monument Signs. One monument sign per building with one extra monument sign for the subdivision on a comer. The maximum height for monument sips Is six (6) feet with a maximum size of sixty (60) square feet. OPTIONS 1. Approvo as submitted, 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. 'fable item. ATTACHMENTS 1. Planning and Zoning Commission Report, April 14, 1999, Z-94.022. 2. Planning and Zoning Commission minutes from April 14, 1999. ` 3. Draft Ordinance. 4. Chapter 33 (Sign Ordinance) restrictions. W Respectfully submitted: Dave Hill Director of Planning and Development Prep red by; \ c. r rs j Wa e R dlPlanner I ie~n rvprt,M,rder 2. t , r' i i i ATTACHMENT 1 .0 Ands N0. PLANNING AND ZONING COMMISSION Dee STAFF REPORT Subject: Dove Creek Office Park Case Number: Z-99.022 $kff: Wayne Reed, Planner II AMr+a data; April 14, 1999 P~~P;~S~. by:` e tra!~~~'t' a ~~d''~~ 'i~''•~ ~t} iH~1:'' `r$~+~H1 ci { Hold a public hearing and consider making a recommendation to the City Council concerning i amending the conditions of Ordinance 98.153 to permit an additional two land uses, specifically a veterinarian clinlc (with no outside runs er pens) and a nursing home or residence home for the aged, and one monument as well as one building (wall) sign per office building, The properly Is located on the east side of Teasley Lane. opposite of Bent Oaks Drive. r :Jrpp! rKr ty S`ITE;% RYAN R a , a I.vy~r, i 7r . i W? CO 0 v 7 ~3 ~-iMr f Yy F .~F J 1 LOCATION AP Location: on the east side of Teasley Lane, opposite of Bent Oaks Drive Size: 4.982 acres t y~ rte rt s;,n a~~~,i d c 3, 1 r, Applicant: Owner, DR. Steve Meyardirk Dale Irwin 313 Bell Place Irwin Realty Group, Inc. Denton, TX 78201 252 S. Carroll Boulevard Denton, TX 78201 Dale Irwin, the property owner, Is requesting the Planning and Zoning Commission consider amending the conditions of Ordinance 98-153 to permit an additional two land uses, specifically a veterlnariar clinic (with no outside runs or pens) and a nursing home or residence home for the aged, and one monument sign as well as one building (wall) sign per office building. The subject 4.982 acre property was razonod in June of last year from an Agrlculturol (A) zoning district. It has been the site of a single-family residence; currently the property owner Is cor"P' Ming the platting of the property to develop an office park. The Teasley corridor has been an area of growth during the 1990'x. First, there were requests for residential zoning and then came nonresidential, primarily office land uses. In fact, the entire east side E of Teasley Lane from the northeast comer of Lillian Miller and Wind River Lane to south of sent Oaks Drive, six (6) requests for Office (0) zoning districts were approved with conditions between July of 1993 and September of 1998 (see Enclosure 2). Each Office (0) zon!ng district was approved with conditions, Including restrictions on land uses. As Table 1 demonstrates, there Is a short list of laid uses permitted among the six ;a) different Office (0) zoning districts, far less than the forty-seven permitted within a straight Office (0) zoning district. Table 1. comparison 0 Lend Use Restrictions O c 45 Ole] tr Ole) 46s Olc 46b 0 0 65 O c 60 ea ate 1_ t~,t7-f7i n6 6 V.'V F$~SaTiT_i s W" SIM Art Gallery or Muse.rm X _ X X 0 Nursery or Kindergarten School X Hospital t0oneral Acute Cored - % Inslilutions of Religious or Philanlhrop c latura - X X _ r - - e Nu sin Nome or Residenco Home for d uesl A U~i~it~,ACEeil~t Rdiald Accessory Bulldinq - X X _X X Temporary Field or construction Office (Subjecl to X % X Xy A.poroval and Control by Building Inspector) _ Tolephone, Business Office X x ~rr~lu a i61s J , Animal Clinic or tio~ilel No outside runs orpen$ X deal _ r 4 Rs e li B~ ~..y Otrices, Profnsslonal and Administrative X X I X X X Studio for Photo re her Musician Arlisl or Health x 9 I Z 99 M PL Sta'f Repa4da 4, i! The owner's request would allow two new land uses. The primary one that he seeks Is the animal clhdc or hospital (with no outside runs or pens). ktost people refer to such a business as a small animal vet clinic. The other land use, a nursing home or a residence home for the aged, Is not as Important to the owner, but one he th nks would be compatible with surrounding residential neighborhoods as well as with the land uses permitted within the conditioned office (Ole]) zoning district. Sign restrictions on the property are a concern of the owner too. They were plated only on the subject property (O[c) 55) and the tract located to the south (01c) CO), out of the six conditioned Office (Ole)) zoning districts (see Enclosure 2). These two districts are permitted to have "only door sign on- premises" as per tho language in each ordinance. This means that only signs on doors are allowed. 'dr. Irwl,i has stated that this restriction will make !t extremely difficult for customers to locate the business In this office park. The request Is to allow one monument sign along Teasley Lane and one building (wall) sign per office building. Mr. Irwin was concemod about how this request might be received by the existing residential property owners. To providu them with an opportunity to ask questions and express concerns, staff facilitated a neighborhood meeting at the South Denton Public Library on Monday, March 29, 1999. Notice of the neighborhood meeting was mailed to property owners within two hundred (200) feet as well as all residents In the Bent Oaks subdivision. (The Planning and Zoning Commission may recall that last year, uuring the rezoning of the property, a neighborhood meeting was also held at which ten residents attended.) No one attended this neighborhood meeting. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (ODP) shows this area to be within a Low Intensity Area. Those areas are intended to be developed primarily for single family residential development. Neighborhp)ods are to be serviced by a network of small commorciallretail writers spaced at about mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip intensity standnrds of the 1988 DDP, seeing that It } is not a change In zoning but a request to add two land uses and reduce the restrictions on algnage (see Enclosure 6). 1998 Denton Plan and Policies Analysis The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within an Existing Residential Pattern Area. According to the adopts,. Growth Management Strategies, existing neighborhoods within the City should be protected and preserved. Staff finds the proposed change ! to the permitted land uses and algnage to be consistent with the plan and the policies of the 1998 OP (see Enclosure 7). + i l,. 299 922 D2 Staff Repoatdoe S. C I. Transportation A. Trip generation The proposed land uses compared to the existing permitted ones will not Increase the potential trip generation from this property. B. Access The proposed office development will have direct access onto Teasley Lane (FM 2181). C. Road Capacity Teasley Lane Is Identified as a primary major arterial road by the 1998 Denton Mobility Plan. This road is designed to be a six (6) lane divided street without parking, providing six (6) lanes of through traffic. As such, ifs designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. Teasley Lane at this point is currently constructed with two (2) lanes without parking. The most recent traffic count for Teasley Lane Indicates that there Is adequate capacity to handle the calculated trips that could be generated by the proposed development. D. Pedestrian Linkages Sidewalks will be required along all public streets. 2. Utilities This site has axess to eylsting water anj sanitary sewer lines (see Enclosure 3). 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this properly and any area that drains towards this property, The developer must Indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs Sinnage on this property Is currently restricted by Ordinance 98.163, which states that "only door sign on-premises are allowed' This means that only signs on doors are allowed. Mr. Irwin has slated that this restriction will make It extremely difficult for customers to locate the business in this office park. b. Off-Street Parking r New development must provide parking according to the regulations of Chapter 36 (36-301) of the r s Code of Ordinances. 199 D17 P2 Stall Repat.doc 6. 1 ry 1r ! 1 l1 I I ' ENCLOSURE I 2.99.022 (DOVE CREEK OFFICE PARK) NORTH ~ I 1T FIRE 8 ANDU 1 { • ~ I VICINITY MAP I Agenda Date: April 14, 1999 Scale'. None I 4 I N ~ I ' I ENCLOSURE 2 Z-99.022 (DOVE CREEK OFFICE PARK) NORTH ■ i ft e4 - y ttiF ~M r) I # i6 + ~ rr.r`~' >r I rp I .ru °Z~~f lill Ra,/~ tt~M~ i YI ur rl tf• i r' +r.tl•1 4M~ 1 TEAILEY- © I 1 w , ~ I I I I81i nitf ■ I 1 I Irra./11~■ / f/ff ~r., , 1 ~ ro u I I r.' I ntNn mo 1 j r----------- i I ~lf~' .nil I - I .r 13 ~ rn+r ---M-y 1 ' Pg. f ~ r I r ol. u►~ ~--my ■ ■ Mrn n I $ITE O 1 - - - JC•_N it ~.e~ r r ; . i CAI 1 u•u rr ; $$I v.r I i ..y ZONING MAP r 0(c) 45 97.016 OW 9 93.120 0(c) 46a 97.057 0(c) 46b 98017 0(c) 65 88-153 0(c) 60 98-265 Agenda Date: April 14, 1999 Salo: None 10. i n I i c, I ENCLOSURE Z-99.022 (DOVE CREEK OFFICE PARK) NORTH I g r 4 tih r~~~ r 4 ~ 1 L F-1 EXISTING UTILITIES MAP • Hydrants . • • Water Line (W. L.) -r . . r Sewer Lima (S. L.) ~ l Electric Line (E. L.) r Or\ Agenda Date: April 14, 1999 :kale: None 11. c ' c, ENCLOSUR'd 4 NORTH Z-99-022 (DOVE CREEK OFFICE PARK) i ~ + WJ ~ ~ I TZASUY L TTT ■p ' fm ji SIDE . 200 FOOT BUFFER f .500_F OT BUFFER ° 200-500 FOOT NOTICE MAP Muni Agenda Date: April 14, 5999 8cals: None 17. t• • ENCLOSURE 5 NORTH Z-99-022 (DOVE CREEK OFFICE PARK) ~b SIT DENTON MOBILITY PLAN MAP N Freeways Primary Major Arterials Secondary Major Arterials Collectors MIS Agenda Date; April 14, 11999 Scale: None 13. t I V ENCLOSURE 6 snsolmT 1988 Denton Development Plan Analysts The 1986 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential devstopment. Neighborhoods are to be , serviced by a network of small commercialtretali centers spaced at about, A mile Intervals with direct atxess to a collector type street or larger thoroughfare. Vehicular tdp generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to brnance land use with road capacity. Staff finds the proposed development to be eonslerent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the applicable 1988 Denton Development Plan policies: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS Inconsistent Inca ':Dent consistent Intent. These areas represent p1mary housing areas within the oty. X Intensity. To be consistent with the Mowed Intensity a 60 trWocre plan, a development should not exceed Its Aliooted IntensRy, a 3001rWiiite allocated Intensity. The a vnant is not r"U"Ung addi floor area. Ordinance 98453 BmOs Wtat floor area to 45,000 square feet or butldng area. At 11 trips per 1,000 square feet, this would generate about 495 IrIm'site or 16S% of the site's allocated Intensity X (0(cp aa2ng SIG Man Control. ""d property Thls candtloned 0" development control within 1,600 feet of dsbtd is limited to forty-flve thousand existing low density residential areas. (43,010) square reef and no buildng can exceed 7,500 square feet X Traffic Design, Access should be The proposed alike development win piWded to ermre that multi-family or nave dyed saes onto Teasley Ur* (FM non-res*ntidr uses have access to 2180, collectors or larger anerlos with no dreet access through residentlal streets. X open Space. Suflidentgreen space, Undscaptnq win be required as per the recreational facilities and dyerslty of parks new landscape Code. That equates into are prodded. 7S trees on the 4.996 acre site. Twenty wee will (20)of the property, or one (t) w perviom X Public Participation, Input Into A neighborhood meeting was held on planning by neighborhood asmcabons and Mardi 30, at which the owner and ! councils Is encouraged. applicant attended with staff. No rosldtrda came to the meeting X land Use Diversity, Non-residenbal and The request is not to resale w Inhrelfir mulb-faWy development Is encouraged to land use (now area). , a limned degree. X ' NanufaduredNousing. Notapplicahle. Strip Commercial. Arty "of This site has ,evenl area and height conbnuax sop commerdal N strongly restrfdlow, 69courned IrVor near tow Intently areas. X 2 47 022 D2 Stair Pomt.6)c S4. 0 u ENCLOSURE 7s-~ 4998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policles of the 19911 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY tnoordi tent a Coro nt NetotborhooM. ~ lac WWnru yWDbatr neyftftwc omrom a mix" of land uses that bm*N resldmh, _ x rrohm and preserves adding rW0barhoads, x pronwtes bkyde and pedestrian baffle Wft and between ne1*k&hoods to reduce vehWr trips. x t"an Deshtrt. Ad&ewsaommwNty appearance In a mngr e ounw, x W rAn mMechog opxarance or bunt eroAronnent x with land ueaand dn be canpaude x rCeL pr ves De. Man's andinectu* MNaI Mel D&MM the appearance along MI)v enbmoeways x ftmotes tle preservaVW of bees and lands* ft x PUNC Invotwmant. AvAdes w-i opport r*y for Rft opbdon during the virwrv prooesa x , Z-99 022 PZ Ralf Reportdot 1S. t r f ENCLOSURE 8 NOTICE OF PUBLIC HEARING Z.99-022 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Apri114, 1999, to consider recommending approval to City Council the zoning request to add one additional land use and allow for additional signs on the 4.982 acre tract, commonly known as Dove Creek Office Park. The property Is legally described as Lot 1-9, Block A of Dove Creek Office Addition in the City of Denton, Denton County, Texas. It Is located st 3311 Teasley Lane (FM 2181), on the east side of FM 2181 south of Bent Oaks Street. The proposal Is to add an animal clinic to the permitted uses and allow one monument sign and one building mounted sign per office building. The meeting will be held at 5:30 PM In the City Council Chambers located In City Hall it 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you loot about this zoning change request and lnvitas you to offend the public hearing. Please, in order for your opinion to be taken Into socount, return this form with your comments prior to the date of the public hearing. (This In no wayprohNs you from attending and Fartlc1pe8ng In the public hearing.) You may fax it to the number k,cated at the bottom, mail it to the address below, or drop It off in-persort: Planning and Development Depatlment 221 N. Elm ST Denton, Texas 78201 Attn: Wayne Reed, Planner I The zoning process lndudos two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses In support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the Clty Council. if owners of more than twenty (20) percent of the land area within two hundred (200) feel of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms an used to calculate the perccntage of landowner oppo Rion. -V~ t - 4 asa circle one: n a r equest Neutral to request Opposed to request Comments: - M Signature: ~~r1 ~r 4l} Printed Name, f I'i}t', Apo 71999 Mailing Address: Sy.-~-hr°A S V. l ~1 JJAN[ t_-» City, State Zip; c~betx-+.6 f74 1*t'~c, pt?~F lkNG b 0EVELO°I~~ft? rr Telephone Number. Physical' Address of Property within 200 feel: ~~a U f ClTYOPDENTON, TEXAS CITYHALLwE8T DEWON,TEXA9 70201 940.349.5350 o (F)040,340.7707 fporoma is, c u rrar~~~ NOTICE OF PU ' IC HEARING i Z-99-C.7 The Planning and Zoning Commission of the City of Denton will told a public hearing on Wednesday, AprIt14, 1999, to consider recommending approval to City Council the zoning request to add one additional land use and allow for additional signs on the 4.982 acre tract, commonly known as Dove Creek Office Park. The property Is legally described as Lot 1-9, Block A of Dove Craek Office Addition in the City of Denton, Denton County, Texas. It is located a13311-Tsasiay Lane (FM 2181), on the east skis of FM 2181 south of Bent Oaks Street The proposal Is to add an animal tunic to the permitted uses and allow one monument sign and one building mounted sign per office building. Tlie meeting will be held at 6:30 PM In the City Council Chambers located In City Nall at 215 E. McKinney Street, Denton, Texas. Because you own property wit)-,in two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet ebout this zoning change request and loupes you to attend the public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no wayprohlbils you from attending end participating In the public hearing) You may fax it to the number located at the bottom, mall It to the address below, or drop it off In-person: Planning and Development Department 221 N, Elm ST Denton,Texas 78201 Attn: Wayne Reed, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen I Involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notios. Tlie first public hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses in support and in opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the pet;tloner may then appeal the request to the City Council, if owners of more than twenty , (20) percent of the land area within two hundred (200) feet of the site submit written opposltion, then six out of seven votes of the City Council are requlrod to approve the zoning change. These forma are used to calculate the percentage of landowner opposition. Please circle one. In favor of request Neutral to request Opposed to request Comments: nrJ Signature: _ O U n Printed Name: MIli.,Miitua,. U Mailing Address: 17 2S F M 'LV% I APR 91594 , City, State Zip: Sri , Iry. '1 L ion r ` PLANNING 8 pEyE(AANtEfJT Z Z'T 7 Telephone Number. Physical Address of Property within 200 feet W13 e~.•~u CITY OF DENTON, TEXAS CITY HALL WEST • DEWON, YEW 78201 • 040.349.11350 • (F) 04a.M.7107 filename 17. c i ENCLOSURE 9 2.9607 D E ORDINANCE NO. AN ORDINANCE OF THE CITY OF DEN?ON, TEXAS, PROVIDING FORA CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION TO OFFICE (CONDITIONED) (0[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.996 ACRES OF LAND LOCATED AT 3311 TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXEI IUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jerry Yensan, on behalf of George Kolb, owner of the subject property, has applied for a change in zoning for 4.996 acres of land from Agricultural (A) zoning district classification and use designation to Office (O) zoning district classification and use designation; and WHEREAS, on P.pril 30,1998, a neighborhood meeting was held where six (6) residents attended along with the applicant and the owner were present; and WHEREAS, on May 13,1998, the Planning and Zoning Commission recommended approval of the requested change In zoning; and WHEREAS, the City Council finds that the change in zoning wilt be in compliance with the 19£8 Denton Development Plan and the 1999 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the zoning district classification and use designation of the 4.996 acre tract of land described in the legal description attached hereto and Incorporated herein as Exhibit A, i., changed from Agricultural (A) zoning district classification and use designation to Office Conditioned (0[c)) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: I. That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B, and limit land uses permitted with a Specific Use Permit to those ordinarily penniited within a Office (0) zoning district with an approved Specific Use Permit. 2. That the total floor area for ail buildings on the 4.996 acres shall not exceed forty five thousand (45,000) square feet. 3. That no loading docks shall be permitted. 4. That she exterior walls of all buildings shall be constructed of one hundred (1001/9) ~percent brick or masonry materials excluding doors and windows 5. That only door sign on premises shall be permitted. 6. Lighting on property shall he designed and maintained to as not to shine on or otherwise disturb, surrounding residential property or to shine and projectupward to prevent the diffusion into the night sky. 1B, t t: u s t-96-010 7. A'buffcryard" measuring twenty five (25) feet wide, and comprising four (4) canopy and eight (8) understory trees per each one hundred (100) linear feet, shall be installed along the east property line abutting residential lots. 8. That the maximum building height shall be one and one half (1 Ya) stories high.. 9. No individual building shall exceed seventy-five hundrdd (7,500) square feet. 10. All buildings must have pitched roofs and a slope of no less than thirty (30) percent. 11. No parking will be allowed In the front yard setback of any building along Teasley Lane. lion 1L That the City's official zoning map is amended to show the change in zoning district classification. SZkaZ. That any person violating any provision of this ordinance shall, upon conviction, be fined a cum not exceeding $2,000,00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Sectio 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, a daily newspaper published In the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the )_7 day of ~ 1998 I JAC W ER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY, - APPROVED AS TO LEGAL FORM. HERBERT L. PROIJTY, CITY ATTORNEY BY,S- r 19. e r $XiiiBiT A ,r b 1iCisNltrl (nr thu Nnrthvut Carrier or the tract Who described hordln Wt a aulal !once corrY: post at tlw ue,nplal.. Rorthvrat earner or tho sold 6r4vn ttattl atllrJ+CO 9a,th AS paRteee 54 Mlnutu 74 S4terde 41st vSN+ the test floe dlereot 46011111r along a pips unl ralate tt' he, a d slanc4 et 484.09 raft to an iron rod at for the 0a9theaat Cusnar of a ea~led 1.RSb a,:ro ttatl dvotrilu-J In Out .dtl1from tick 11, U+nrn rot vl to Patty o, Hutt rocitt"A in yol,rge 1113 page 966 or 4116 roved FcwrJr nr [wolf n rnnnlr. ;r Teat r 1NCVC11 South &l'of reds 41 Mlnltw DJ Seeonde Volt vlth the North floc of said t.1116 ecru tru6Y ruvrrkrC rata b-1111. sett tract r distanti ur )19.s) foot to on iron tod round rot the Nortlrvegt Corner of-1911 1. 16 arru Tend In thu1 Cut Lana Of P.N, 1llRinay 1761, In a cneve,to the rlsbt having a radius of 1187,69 (evil T1M6'.vlfh 1114 era 0,0414 curve 'sn AM la~nkth'af.llf,f0,feet ( chord beat(n6 North ) PlAreto,dS Hlmilus Ss.5L CURJr put t distance of 111.49 No 441 in Iron rod rut for tha Norrl~'Pat CarnaP of sold hrovn ttactl ' 'inch in Art Cnftlrlff, driettlan li tb the North line theriol tbi. ollov(`nnRR 3 couches alnl aletanct4; v1.1 5wnh of nuartu A8 Mlnuteg tJ9leaondocast a die ante of Ili%.1tat to in Iro,t rod evil 1.~ J1g11h 60 daarua ~6 Minutes Often a Reat,a distance nr 16.61 Joot t stn lion rt+l 11 ttt Ria,t IlLVih 1 arul L 1 1 IJeRret r 6 Minutes aI Seem t Gut a dletanto at W.48 Juvtto 1641 M4At9 UV s4% enelaall,N 4,996 nuts of Ina naclgtP'a1 shuvl illy 1761st byte stn Awns :1. $ '}aH. or trim lilt These NO I vbid itl at tiIN ppli rent nt AcCVIlO ruiSons, sWitch prepwad r1J8)o STKI'l')lVrtt 1 lutva tMUnlned the t.t.l1,A, flood lnturnntt We Hap for The city or Venton, heatwS Connty,tt as Vomm+mlly No, 480194, erfattive ante, Arq,oat 4, 19x7 014 that Sop latlctttl 1114t 11111 ptapa9ty is not vltldu an 1luntrric6l fr+enl rune as Ylnvn on pChallo0o[ geld Burp, ~g/t -~7,T'a ✓ a0v. .t"~ Y/fPp. i..ls.•f_:6ewL.... Y:w_rq, rile Nlrhovi J. fnrn V.P.N. N,1.411d Dtty "1r m t+" 011 e/a/e' 1i Rl' rw •e.M~ C) a , . a. 42 J..flSNER , St1RyEY • ~ , . __,y~~~ AS l N COUNrY''TEX ' DCN1'O 't,KnAtF- t 44 , Nh a....et tMl. 1.1 41wr 1.,14 CID ~nsrwR,u.•' nr,ra., N r'+ I 6 p~1gE ~i ! t agg .«e'r„t p' 1ser~e'_._.. t ~ t+ssst +a' + (Nq'oa'Je'd 4L /S'1 20. c~ ca ..y EXHIBIT B Z-91-019 PERWMD LAND USES r ational lea It tdonai and lloactal Uses Art Gallery or Mussurn Day Nursery or Kindergarten School Hospital (General Acute Cars) Inaututlons of Rsuglous or Phlenlhropio Nature ~Ilty rase ry and lncldlntal Uses Accessory SuMho I smporary Fletd of Construction Office (Subject to Approval and Control by Suf ft Inspector) Tetephone,Businese Office Well and 8arvies Tvoa Was offices, Professional and Administrative Studio for Photographer, MuWan, ArOst or Health 1 r 21. r c~ ATTACHMENT 2 _ Fage 44' 1 present who would lice to speak in favor of thls I facade excluding windows and doors. 7 petition? Anyone present to speak in favor of the 2 MR. RrsHEU second. 3 petition? In that case, is there anyone present who 3 MR. ENOEu IImm moved and seconded to 4 would like to speak in opposition to Wo petition? 4 recommend approval with throe condiews. Any 3 Anyone present to speak in opposition of the petition? S discuasion on the lotion? All In favor n die your riglu 6 Seeing no opposition, we waive Gue rebuttal, Public 6 hand. Motion write unanimously. Thank you. 7 hearing Is Closed. Ms. Nilssen, any final staff 7 Commissioners, it's ten till 7:00. You wart I remarks? I to break at Us timo? I'm not sure we'll get through 9 MS. NILSSEN: Only to point out to 9 the next case In ten minutes. We'll take our 30-minute 10 Commissioner Mshel that this Is the property that is to break it this juncture if that's all right. Okay. I I south of that site. Other than that, we'd recotmnend l l We'll break for 30 minutes. We'll be back at 7:70. I2 approval with the conditions, one and two. 12 (Break taken) 13 MR ENORL13RECHT: Commissioners, Is there 13 Ma. MELeRECHT. Are we ready to start? 14 any comment or a motion? 14 Everybody got to eat dinner? Okay. At this time I'll is MS. OOUR.DI5: I would just like to follow I s mconvem the regular meeting of the Planning and Zoning 16 through on the additional 1 know this gentleman says 16 Commission, Commisalonen, and we, rill continue with Our 17 that he's aware of masonry but I'd like to get it as a 17 public :"rings this evening. I s condition that the facade be of masonry construction as 1I The next item on the AM& Is Item 9, 19 a condition in our 19 hold a public hearing and consider making a 20 MR. ENOELBRECHT: Would you like to make a 20 recommendation to the City CouncR concerning the 21 motion? 21 addition of two land uses, spe:ifially a veterinary 12 Ms. t70URDiB: I'd just like to know if 22 clinic, with no outside runs or pens, and a nursing home 13 everyone else feels kind of the same thing? 23 or residence home for the aged, to a conditioned Office 24 MR. POWELL: t would think that would be 24 roving district and to alter the existing sign 25 fine, personally, as long as it's just a front facade, 23 restrictions. The property is located on the east olde _ Page 46 Pr I not 360 degrees around the building. I of Teasley Lane, opposite Beat Oaks Drive, The propos... 2 MS. OOURDIE: We haven't done that yet. 2 is to develop an office park. And Mr, Reed from the 3 MR. RISHEL: 1 think that's appropriate. 3 Planning Department will provide w with the staff 4 MS.000RDIE; Okay. I guess when we make 4 report at t}ds time. $ the motion, I'd like to make a Condition No. 3 that the 3 Mo REED ?tank you, Chairman Engelbrecht. 6 front facade be of masonry materials. 6 The case before w involves an an existing ordinance for 7 MR ENOELBRECHT: I think we tnlght ask staff 7 a conditioned office zoning district for which the City e how to word that in such a way that we don't preclude I Council approved inning for last yew, specifically June 9 the use of glass and all of those other things we've run 9 the 2nd of 1998. As the location map shows, this is In 10 into problems with In the past. Any suggestions? to the southern portion of tows along what sod refer to in I 1 MR. DONALDSON: Require masonry materials, I I the Planning Department so the Teasley Corridor. It's i2 excluding windows and doors on the front facade. 12 surrounded by residential development which is, at I S NCR. LNOELBRECHT: There we have it. Would 13 present, being Improved and mar acted 14 anyone Care to make a motion? 14 To describe the surroundings of this I S MR. POWELL: I think Elizabeth was doing IS particular site, it's adjacent to the new Sundown Ranch 16 great. 16 Subdivision development. As the map shown the sheets 17 MS. OOURDIH: I love you guys. All right. 17 arc Installed, the lots have been laid out, the 1I I move to recommend approval of Z-99-018 with the 18 buildings are, no yet tonstmcted. Immediately to tier r I9 conditions outlined by staff; which are lighting on the 19 west of the site Is Bent Oaks Subdivision and also a ' 20 property shall be designed and maintained as not to 20 planned development orfoe district which fronts 21 shine on or otherwise disturb surrounding residential 21 Teasley, To the northwest is the fire station and 22 properties or to shine and project upwards to prevent 22 library. And to the, south is another office zoning 23 diffusion into the night sky; number two, limit I& a district which was rezoned similarly just as this 24 coverage to 23 percent In order to mitigate traffic 24 particular property is, and then an existing 23 Impact to the area; and number three, a masonry front 23 manufscttred home park on the west slde here. PLANNING AND ZONING APRIL 14, 1999 Page 45 • Page 4 S!. r I CondenseItt" Page 49 Page 51 I I'd Re to past out what is a summary of I offers compatibility with swraunding land uses, and 2 some sign regulations out of our sip ordinance. The 2 that it's consistent with our Comprehensive Plan from It, 3 request is to add two additional land uses to the list 3 1988 and the 1998 Denton Plan Politics and the Growth 4 of permitted uses, as well as to amend the sign 4 Management Plan and the Strateglek staff rocormoends 3 restriction which is which was added to the ordinance s approval of the request as stated in staff report 6 for this property. On pogo 2 1 demonstrate that the 6 However, I believe the applicant would like to clarify 7 request for the two additional land uses appears to be 7 what he would like to allow for signs and so I think a two land uses which are compatible with the surrounding a there may be a need to curly word the approval or the 9 residential development, m well as with the other 9 motlon tonight instead of just uyt* I move to Io conelidoncd office toning districts, which ate located io recommend approval of 2.99-022, if de Commission finds I I just tc the north and south of qd1 property. As i l that hla alternative to what staff says in the staff 12 Enclosure 2, which as the zoning map demonstrates, those 12 report is one that is appropriate ° that you dam 13 office zoning districts, and on page 2 I have the chart. 13 appropriate, stairs report says that be was rcqucating 14 Thcy align the cast side or Teasley Lana just nosh of 14 one monument sign along Teasley and then a wall sir I fo, is Wind Rives and Teasley Lora intererctlon all the way to is each building therein. The applicant does have a site 16 the property. 14 plan that he will show you, so 1,11 lave It at that. 17 The request for an antmal clinic is similar 17 I'm happy to answer any questions. 18 to one of the office zoning districts located to the I8 Ma EracELeaeCHT: Commissioners, any 19 north of this property which allows such use. The t9 questions for Mr. Recd at this time? Yes, Ms. Gotrdie. 20 request for a nursing home or a residence home for the 20 Ms, OWIVE: Does Mr. Shelton'$ opposition 21 aged is a use which is not allowed in any of Rose other 21 to this request constitute anything? 22 zoning districts, but one which, obviously, would be 23 Ma. REED: n does not constitute more then 13 very compatible with neighboring or adjeccnt Zsidential 23 20 patent and Mr. Irwin did contact Mr. Shelton and 24 subdivisions. 24 spoke with him. And Mr, Shelton, based upon Mr. [min's is The subject property has a condition for 3s eunversation, t noe he understood that the request was Page 50 Page 52 I signs. The condition reads in the ordinance as only 1 not for a Oeterlnarian clinic with outside runs or pent, 2 door sign on premises shall be allowed, The 2 he did not oppose this. I did not have time though to 3 Interpretation of that Is that what was Intended wa4 to 3 actually get In touch with Mr. Shelton, give film a new 4 allow only wall signs for each building that would be on 4 form to send back to me. But tlwt is something I Intend s this property, to it removed the ability for any s to do to clarify whether or not he Is in support cc 6 development to have a monument sign or a free-standing 6 opposition. But at this point It does not make a 7 sign to advertise the businesses on site. The spplicant 7 difference. It's very close to 20 percent but It's a Is requesting to amend that particular rcsWction and 1 8 actually 17 pa=L 9 think II would be best if he describes exactly what 9 Ms. OOURD19i And also this handout you juts io would be what he would tike to be able to do with to gave us, are we supposed to consider this a residential 11 this property. 11 or a non-rcsidm6al? 12 the request, if we're to look at our 12 Ma AEEn: Non residential since it Is zoned 13 Comprehensive Plan is consistent with the 1988 Denton 13 office. 14 Development Plan and Policies and more particularly, 14 w. OOLUIEr Okay. 15 It's consistent with the 1998 Denton Plan Policks Is a11L ENOELBRCCNTr Other questions rer Mr. Ii Since this Is a request simply to amend the ordinance, l t6 Rood? Okay. Thank you, sir. Is the petitioner or t7 don't fah, unless the Commissioners would like me to, I 17 petitioner's rcprewtative present? lie It. If you r 18 don't foci it's necessary to go Into the IS would please give us your none and busir m address for 19 transportation-related 64.As sins this does not 19 the record, r A 20 increase the traffic or areas Issues, N MR iRwtN: okay. My name Is Craig Irwin f r. 21 There is already a ilghting condition within 21 We office at $25 South Carroll Boulevard here In N-003. 12 the ordinance that applies to this property which Is the 22 We've gotten confused over the sign Issue as NO thing 23 standard lighting ordinance which we've head on two n and I think I've probably confused Wayne also tut It. 24 cams already tonlghL So finding that this particular 24 What we we chocked Into the property when we 25 request is consistent with our Comprehensive Plan, It 2s purchased it. It was our understandiry that, jug like PLANNING AND ZONING APRIL 14r 1999 24. Page. 49 • Page 51 r t. Condcnaeltn' Page 33 Page SS 1 0k Sign Ordinance, we could have one monument sign oa t that prior to purchasing the property and that was our 2 the lot but the way it was written, you cadd only put a t undetstanding that that was allowed as the property is 3 business name on the doom and not on the wall of the 3 zoned currently. But instead of putting any names o~ 4 building, on the Interior lots. 4 tle building, you were only allowed to put them on s What we would request is that each lot would s doors of the office. So, basically, I think what we're 6 have one mo-unent sign and each lot on the interior 6 asking for is to just have the Sarre stoning on this 7 courtyard would be able to have wall signs advertising 7 property that our aign ordinance allows for with the ' 6 basically any doctors or dentists or CFAs Inside the S addition of one sign to advertise the office park. 9 courtyard. The teaser being, when you pull in If then 9 MR ENDELDREC8T: n ny other questions? Ms, 10 is a mawment sign In front of the building hem, we to Oourdie. 11 felt like once yeu got inside the courtyard, w then I1 MS. t7OUR13M W. Irwin, what Is the size of 12 was no wall sigt,, you might be confused as to what 17 your monument signs going to be? 13 building that you saw that sign at driving by the road. 13 MR. tRwiN: we don't have any designed. We 14 So we'd like to be able to advertise inside and not 14 would obviously I think the Sign Ordiance addresses is remsarily have signs on the walls facing Teasley. So 1S that, so they would be 16 maybe on any building facing the courtyard, have a wall 16 Nis. OOl1 m. So you'd go for the maximum; 17 sign along with a monument sign per lot 17 Is that what you're thinking? I I The single monument sign that we were asking 1 a MR. mwuv: No, not neoca sorrily. We, like I 19 for would be an additional monument aign advertising the 19 say, we've not designed any of them. We can do them 20 Dove Creek Office Park. Se one lot would have two 20 smaller. That's a good size sign. We usually don't 21 monument signs, preferably one or the comer lots at the 21 build them that big, honestly. 23 entrances would have a Dove Creek Office Park monutrxnt 22 Nix OOURDIE: Okay. Thank you. 23 sign also. 7hat'a the Cud part or the request, The 23 MR. DONALDSON: Maximum height in a 24 second part Is the vet elinle. 1 don't know if you want 24 non-residential district on a primary "riot stmt is 25 me to address bah or those, as 20 foci Page S4 Pag I MR. ENOELSKE01r: aurJ, 80 ahead. I Ma. IRwW: For the monument? - 2 MR. a viN: okay, Actually Dr. Mycrd'uk i,r 2 MA DONALDSON: For the monument sign. 3 here, tie's the veterinarian that's interested In the 3 Whereas, if it were a rea dential MVd district, the 4 lot right here and he Is wanting to put basically just a 4 maximum hete'%( would be six fat according to the Code. S rairientlal-style, It will look just like an office, no S MR'ANsm 7tat would be we wouldn't 6 outsldc runs or kennels, and be or small vet clinic. If 6 have any intentions of golrg 20 feet, to if you want to 7 you have any questions, he's also here to address those, 7 restrict that, that's fine, We would probably do, you a NIR, E1vcEl krxltr: Maybe since you're here a know, signs 1 don't know exactly but, ILke 1 sold, 9 with regard to the sign Issue doss anyone have any 9 we've not deslgrted them - so no taller than six or 10 questions for Mr. Irwin with regard to the request on 10 eight foci as a monument sign 11 signage? I l NIX SMEX: Mark, where are you looking? I I Ma. bucEK, Ir I might clarify, you're 12 I'm not seeing the 20 feet. I ) saying on your map your monument signs woui I be on the 11 Mx. AEEM, On peg2 13. Under rwo-rcddrntial 14 side away from the parking lot? 14 districts maximum overall height, 20 fat And that is Mx. lxurr: I'M air. The monument sign is would be along Teasley. Tme Interior road, which would 16 would be on the front of all of the lots, king these 16 be dedicated as a public right-of-way; therefore, a l7 lots out here vm could put monument signs on the front, 17 public street, alma it would be classified as a local 18 The interim lots would have monument signs wherever the I a street, there would to a maximum beight or six rata r 19 lot owners wanted to pi art them. But In addition, %v 19 12 feet whey two allowed signs are traded for one. In t 20 would be able to have on these lots and th•.se, signs on 20 this particular case, no lot would be allowed more than 21 the walls of the bulUng advertising if then was two 21 tme monument sign because it does not have more R* 22 dl rferrnl doctors in the building, having both or their 12 linear feel of frontage. 23 terms, for example, on the building 13 Mx. DONALDSW: these two corner I" You 24 But monument signs would be out hero in the 14 get one sign per street rroatw- 25 front and I think, and I may be wrong, we checked In[* as Mx. REEa And we have to have more then $00 PLANNINO AND ZONING APRIL 14r 1999 25. Page 53 • Page St I t i i Condeaecitt'a _ r.r n Page S9 1 linear feel to have more than one sign. I other ones. 2 ME DONALDSON: No. 2 MIL IRWIN; Yes, sit. Basically, one 3 MR REED: EXCUSE me, not on the Interior. 7 monument sign per lot. 4 ME DONALDSON: The Cana Soo could 4 MR, ENOELBRECHT: Al the corner you want a s accommodate the general monument. s pole subdivision sign, a sign for your whale center. 6 MA REED: The additional Sign. 6 MR. IRWIN: Right. Yeah. 7 MA OucEx: I gmu what I'm struggling 7 MR ENOELBRECHT: And that sign I can S with, Mark, how you would say what the motion is going a understand. I'm having a little difficulty 9 to read if they want to do what he's stying he wants to 9 understanding why they Rren'I just all on the Interior, 1 o do. I guess you'd Just say it would be a monument Sign 1o I'm thinking of several office parks In town where they I I for every lot fronting on Teasley and that fronts on I l all bave a sign inside. There's a little Interior set 12 the internal strata and the size would be in 12 like this and they'ro all they have +Igns Inside, 13 conformance with the Sign Ordinance. Are you willing to 11 MR IRWIN: As opposed to a monument sign 14 do any kind of limitation on the 20 foot on the ones on 14 out hero? 15 Teasley? Is tMENOELBRECHT: Right, 14 MR. IRWIN: Sure. We don't Intend to build 16 MR. IRwtri: Well, I think we asked this 11 ■ sign that big, 17 before we purchased the property, £ think we're allowt:d I6 MR DUCEK: I meaty do you have a foci as to I i to do that now, I think the only thing that was 19 what you want to build? 19 addre3sed was that we were not allowed to put any 20 MR IRWIN: I think the largest height wise 20 lettering on the buildings. It was restricted to the 21 that we've built a sign is probably eight feet, a 2l door only, 22 monument sift. I don't think we would go six or 22 But without the ability to advertise out 23 eight rect. We've not designed a sign for this, but n here, It would be very difficult for anybody to find 24 that's fee. We're agroable to do that. 24 if you were in this office building and you had to 25 N,a. ENOELRRECIM rd like to understand 25 actually enter rho office park to we any names of who's Page Sg Page 60 I somcthinli here. On them streets that face Teasley, 1 officing here, we're trying to be able to put signs out 2 you're, ht essence, asking for a monument sign on the 2 hero w that you would know Dr, Myerd'uk, for example, 3 front and the back? 3 Is in this office park bec+um there are going to be 4 11X. IRWIN: No, Sir, What we're asking for 4 throe or four office par. A out here. s is a -wumcnt sign on Teasley and then on the interior, S All the other office parks on thls street do 6 just to be allowed to put a sign on the building so that 6 have that ability to have monument signs In the front 7 when you drive Into these parking lots you could we Dr 7 yards. So we're trying to be consistent theca a Myerduk's name, basically, on this building right here a MR. En•OELORECHTr Out chit monument sign 9 but not an additional monument sign here, On the 9 will only address that building, not an Interior office. 10 interior lots, we would like a monwnettt sign on the l0 So if a guy's got an office Inside, be still waa't have I I front yards here With the signs on the building, also, I I a monument alga on the street, right? 12 MR. ENOELDREmr: Will these lots that abut 12 Ma IRWIN: Exactly, And there are people - 13 Teasley, £s their address the Inside and the entryway I3 that don't necessarily want to pick up drlve•by traffic 14 Is to the inside? 14 and they would prefer these lots. I think, and we may is tail. IRWIN: The entryway Is to the Inside. is not be confused, but all we're asking for Is the current 16 Yes, sir. 16 Slpn Ordinance to apply to the property with the t7 SIR, ENOELDRECHT: And the rest of them will 17 addition of one more monument sign to advertise for the Ia have a monutent sign on the Inside? 18 office park, 19 MR IRWIN: The Interior lots, the four 19 MR. boNALDsw we Went back and reviewed 20 InlcHor lots, yes, Sir, 20 the tape of the motion with re ference to that door sign S j 21 MR. ENOELBRPCHT: They'll have a monument 21 and it Seemed to be Specific to Signs on the buildings. 12 sign In front of their business? 22 So It was our feeling that the ground and monument sign 23 MR. IRWIN: Yes, sir, 23 requirements from the ordinance would apply. 1 seem to 24 MR, ENoemit Ctrl: And what you're asking for 24 be hearing you willingly constrain the height and 23 Is a monument sign in the rear of the business of the 25 perhaps even the size of those signs. PLANNING AND ZONING APRIL 14, 3999 26. Page 5T- Page 60 L' l• Condenselt'n' Page 61 Page 63 1 MIL IRWIN: Sure, 1 very limiting and so whatever the sign plan we do, we 2 MIL ENOEUREMI W. Moreno, 2 ought to just make that the ordinance, the 1 3 MR. MOF0 I'm trying to understand, Mr. S recommendation, 4 Irwin, you're asking for five monument signs facing 4 MR. LVOELBRE[HT: so We should be making a 3 Teasley plus an office park sign. Is that what I'm 5 motion we should address the issue of the monument fi 6 hearing? 6 signs. 7 MR. IRWIN: Yea, sir, For each Dff ore 7 Mir auciix- I think we just Say we'U amend j 8 building to have a monument sign and the size of the a that Ordinanoe 98-133 by eliminating five and proposing !i 9 sign iI not that unpo Cant to us ea far u we have no 9 whatever y'all want to propose so that we get that 10 Intention to go with a big sign. We wood Just like to 10 clear. I l be able to advertise who Is officing in the building. I 1 MR. ENOELBRECHT; okay. At this point I'm 12 atR. MORENa. And how much street frontage Is 12 trying to find out what kgally We need to do here to 11 there along Teasley Lane for this development In toms I3 they may say, no, yes, whatever, but cos need to approach 14 of number or foet? 14 it In a proper manna. Let's do that first okay. So 17 MR IRWIN., 1 believe there is over 600 15 you would want a monument sign for each on the Teasley 16 rect. I don't have an accurate Sale here but I think 16 aide for each of those and then a monument sign In front 17 it's Wayne, do you know? It's close to 600 fat but 11 of the building for each In essence, one monument 18 1 don't know that exactly. 18 sign for each lot? 19 MR. MORFNO: 1 think what 1 beard you say Is 19 MA IRWIN: Yes, sle, 20 that you're asking for this development to confo n to 20 MR ENOEt9RECHT: And then one additional 21 the Sign Ordinance but what I'm reading here on page 13 21 one at the coma, at one side or the other, to 22 is that only one sign pa street frontage and one sign 22 advertise the entire complex, to promote the entire 23 per 500 fa4 would be allowed under the table that Mr. 23 complex? 24 Rocd has aSown me 24 MR. IRWIN , Yea, sir, 23 MR. IRWIN: 1 would ask for els.•incatton 23 MR. ENOELBRECHTo Okay. Does everyone Pager 62 P4 1 from these guys but 1 think if thero are four difrmt 1 understand that? 2 landowners, It was my understanding that each would be 3 Ma REED, Could 1 Insert here? lbere'a one 3 allowed a sign to advertise their business. 3 flag that I ace here and that Is the request for that, 4 MR. REED. the restriction Is per property 4 the office park sign on a lot that will already have, 1 or per lot in deb case, $ under this scenario, a monument Sign far itaclf. What 6 MR MORFNO. Okay. Thank you. 6 We're saying Is two signs on street frootage where a lot 7 MA ENOELBRECHT: And you alreedy have that 7 has less than 500 fat to 1'd like to point out to the 8 um&T INC current order? You have that right now? 8 Commission that on that coma lot or either coma lot 9 MA tawim that Is what we have ban IoU 9 that if you allow them to have two monument signs, 10 MR DONALDSON: Ow, tape on the motion u it 10 you're giving them something greeter than the ordinance I I was presented, is that limitations would apply only to I 1 would allow thong to do and that's not neaswrily 12 the wall signs so the wall dins on the building had to 12 appropriate In this case to do. If they want a I3 be limited. 13 dcvctopmcnt sign for the entire office park, it could be 14 MR. ENOM RkrCHT: My qu stioa Is what takes 14 allowed on the cores lot but it would h, , ' to be purled 13 preccdrnce, the tape or the ordinance, because as I read is up that local street to actually fat within ':e 16 the ordinance, it simply says that on;y door signs on 16 regulations of our Sign Ordinance. So 1 Just wanted to 17 premises shall be perrnittod. 17 make that clear. Is MR DONALDSOM That's why we're bore. is MIL ENOELSBECIrr: A.nd how fat up the local r { 19 1619, DUCE1cr bey suggestion legally would be 19 Street would it stood to be Seated in order to oonrorm A r {r 20 if yoTto going to do the monument signs, you ought to 20 to cui rent? s r,- 21 do it in this order. 21 MR. DONALDSON: 7be Coda Is silent as to the 22 MR. isNatt,ii CHT: Okay, '[hat's what I'm 22 distance, 23 trying to rind out, 23 M0. ENOEI.sRECHT: Okay, 24 MR. DuCEx, because I'm thinking this is 24 MR. DONALDSON: It could be the monunent 23 worse than we're giving it credit for, I think this Is 23 sip that spplies to the specific building could be the PLANNING AND ZONING APRIL I4o 1999 3 7 Page 61 • Page 6i t i~ i i Condensch " Papa 65 Page 67 1 one that's moved up Bent Creek - Bent Oaks Court. 1 1 that was the City reduced the amount of fmc-standing 2 thittk we have to be clear about that, One Sign would 2 signs, pole signs, monument signs, reduced IN number 3 Love to be associated with the Teasley frontage and tie 3 allowed per linear fort and the height and total area 4 other sign would have to be associated with the Bent Oak 4 and preferred to place signs on buildings. So that's s Court frontage, probably on a 45-degree angle or S why we have no restrlctions to wail signs. 6 something like thaL 6 MIL ENGELBREC..T: And I guess my question to 7 MR ENGELBRF.CHT: is everyone comfortable 7 you was, Mr. Irwin, you bar. Indicated that you were 8 with what the request is with MWd to the monument 6 looking more at the rcsideadal sin monument sign, Did 9 sign? 9 you have anything in tntnd in tarns of whet you wanted to 10 Ms. GOVRDI& Yes. 10 do with the wall sign size-wise? 11 MR. DONALDSON: Let me ItLIA offer Some I I MA mwtN; Coaccming size? No, Or. Like 12 height and square footage perimetem slow about S. 12 1 Say, we h rye not dcOrodi any of the signs for this. 13 six-foot height and 50 square fat? That's the maximum 13 It would, j sat like you we on an office building, 14 area allowed In a residential district along a primary 14 MIL ENGELBRECNT: You don't are if one of 1 S anerlal. That's a lot or square footage for a six-foot 1S those busiocsscs pu4 a sign on the entire wall in the I6 sign, 16 Interior? it's okay with you? 17 MR. POWELL A 4 X 1 Is 32 sgw-a root to IT MA IRwtN: well, no, Sir. We restrict the 1 E it's not twice that. II pmpertiea that we own as far u signs. BaSieelly,.Ng 19 MR. BUM: 6 x S would be clear. 19 have to ai prove them and we try to keep them looking as 20 Ma. REEL} Mr. Donaldson, were those the two 20 nloeas wt,an. Wc've not conic up with a magic Size 21 conditions? 21 figure and don't know I guess, you could do that 22 MR. DONALDSON; the smaller ^ well, that's 22 with, you know, a tot of people just like Irtdividual 23 probably close to SO square fat right thee. 23 letters with their name on there. And we've not looked 24 MR RIsNEu And the ietbackl would hill be 24 Into restricting the 9129 for zoning. We Will look at 25 20 foot for non-residenUal7 25 it. Page 66 ~y Page 68 1 MR DONAumm i think we'd keen the I MR. DUCEK: Let me be Sure I'm following 2 setbacks then consistent with the non-residential 2 you. These lots will all be sold off to the people that 3 district. 3 ate buildirg tin them, right? But you're going to have 4 Ma. lttskILL, which is 20 foot? 4 deed mwictiins to protect the Way Your property S MW M14ALWON: 7wetuy fee from the curb. S looks? 6 Then did I hear you lay. Craig, that you then would riot 6 MR Satter: Yea, ligbl, 7 have any well signs facing Teasley? 7 Ms, mv.DtE: Thcy buy the whole lot, not 8 MR. IMM Gut here? Right So that wa 8 Jura the building, the land and the parking and 9 don't word it that way that there's confusion, these 9 everything, They awn the whole lot? • to well signs would actually be facing Teasley. 10 MR. IRwim Yea They own the lot and then 11 MR. DONAWSON: On lots that front on it they own the building and we restrict what type of 12 Teasley, then will be no wall signs. I2 building they can build and signs and that kind of 13 MR. LNGELBRECNT; And that Was - I Was 13 thing. , N moving on, I just wanted to stay with the monument. Any 14 MR. FNOELBtZW; Okay. Any other questions 15 other questions about this monument 21,117 I1 everyone IS with regard to wali signs for W. Irwin? Any tither 16 comfortable with what the request is? 16 comments? IT Ms. oouS.DIE; rd like to ask something that 17 Met IRWIN: No, air. 16 doesn't pertain to Mr. Irwin, that when we get to that I I MR ENOJURECHT: Okay. Thank you. Is 19 point one. we've done the hearing, 19 there anyone present wlw would ILite to speak in raver of 20 MR. L.NOELBRECHT; Yeah, because I want to 20 this petition? Anyone pAwnt to speak In favor of the / t 21 move on. The other potion has to do with the request :1 petition? f 22 for the wall Or, Did you have what Is them is, 22 M0. IRww, my Hama is Dale Irwin and I 23 in essence, no requirement on the wail sip Size as 1 23 redder also in the same place Craig does, $25 South 24 read It? 24 Carroll. And I just wonted W point out maybe one thing 23 MIL REED: That'1 Wrt0d. The reason for is that maybe be didn't touch on is and I think you just _ PLANNIN0 AND ZONING APRIL 14, 1999 28, Page 65 • Page 65 t Condooaeltr"r Page 69 Page 71 1 did. R'e will create a covenant condition that wits be 1 MR. Bucm I'm wondering, to help the issue 2 along with each lot and actually, you know, describe 2 because you have to many facilities that you've helped 3 what type of construction it will be. Our sign 3 eonsLuct or whatever, is there the kind of monument e restrictions will probably be much more strict than what s alp that you have In mind that you're talking about, is 5 the City Ordinance has as far as the size of the various s there one we can reference, one that exists somewhere? 6 signs and so forth 6 Do you have something In mind? 7 The main thing we're trying to do Is make It 7 MA. IRW W: Yea, air. There's I think than a possible so that businesses that front Teasley or these a on Cano . Rmlevard that are in existence now. 1 think 9 back here can advertise. And the way the ordinance Is 9 they're six foot tall which I believe is the 10 written now,1 think after talking with the Council to residential, six foot tall and the maximum of 60 feet, I I i person that was in I think the main issue was that 1I believe. Mark, is that correct? o they didn't mail,, want when this was designed, they 12 MR DOVALDSON: Fifty. 13 zoned it, they probably thought that there were going to 13 MR IRWN: 12 it 50? Okay. 1 think they 14 be two-story buildings and they might have noon signs 14 may have been 60 when we put those in, but anyway 15 facing and so forth and that won't be the case. They'll is MR. esCFat: so you'd have no problem if 16 all be one-story buildings. But 1 think they'll be 16 their motion said that the monument signs would be 17 appropriately advertised though aigrrage. Just wanted 17 constructed complimentary to those on your properties on Is to point out excuse rose about the covenants that Is Carroll? 19 we'll put on it as we do in every one of our 19 MR. IRWK Exactly Of either you Can 20 developments. 20 restrict it to the 60 fat or SO feet or whatever it is. 21 MR. ENOELBRM11r; Any questions for Mr, 21 I mean, We're Dot Intending to put 16 foot signs down 22 Irwin? Just a question with regard to obviously, 21 Teasley L%ne, 23 this was zoned with the Idea of maintaining some sort o u Ma FNoct nKwm Amt to make sure 1'ro 2e residential character to It and even Iirruting to just 2e clear on this, the same would apply for your overall 25 the six,foot monument sign could result In an awful lot 2S development sign, the sign for the whole complex as a Page 70 Pag t of things, a lot of Wr ht light, a variety of other I whole? 2 sorts or things that wouldn't appear to me, at least, to 2 MR. IRWIN: Yes. 3 suggest resident [at character, And my concern, I guess, 3 MR. ENOELBRECNT. Okay. All right. An e is how do we ensure that, while ynu may have a 4 there other questions for W. Irwin? 5 restrictive covenant If. In fact, It's sold down the 5 MIL MoRENa I want to be clear, You're 6 hie later on to sorname else, there may not be such 6 king for five or six signs along Teasley Lene and if 7 covenants. 7 I'm understanding the size of this development a NIA. IAU7\: well, that covenant gas with It correctly, you're going to have bnsleally a sign every 9 the property as whatever wY put on there as far as 9 100 feet or thereabouts. 10 restrictions now, that's pan of the doed, f think you r~ MR, IRM, Well, I think the Sign Ordinance 11 called it a road restrdctdon. I I allows a sign every 500 fat or two ° Mark,„ :let I3 It? 13 MR. 1111CEK But I think the problem, Mr. 12 In other words, Caro could put two signs in there but if 13 Irwin, and maybe you can help us on that, the dad 13 there's one guy In the middle, somebody buys a lot io 11 restriction, once you record 14 they're bound by it, 14 the middle, according to the Sign Ordinance, he has the 15 but enforcement depends on those other tcriws to I s right to put a sign on his property. And that's all !4 enforce it. if someone is violating it, the City can't 16 we're aski'rg for is the same that the Sign Ordinance 17 step In and help you enforce it. 71wy have to enforce 17 allows, II It among themselvea, Is MA, MORENO. I'm just trying to envision 19 MIL IRWIN; well, that could be true but 19 what it's going to look like wlucn it's fully developed. A 20 norm of the signs that will be going on there will not 20 MA 1RWQi; We don't know, We don't (t;- N 21 mat the current Sign Ordinance that you have. I mean, 21 actually know what this will be In through here. Those 22 we're not trying to - actually, the current Sign 22 two lots right there could be owned by one person r 23 Ordinance permits more then whet we're going to do with 21 build a 6,000-foot building, ore-story building, and 24 the exception of that part that was put on then about 2e users might be a sign right there. This parl's not 13 signs only on the door, 25 being - we know what rata Is going to be, PLANNING AND ZONING APRIL 14, 19" 29, Page 69 . Page 72 CondeaseltTM _ Page 73 Page 75 1 MR. DONAtDSON: There would be a rraxlauaa of I will waive rebutW. The public hearing is closed. 2 five signs along Teasley over 600 sect 2 Mr. Recd, any final staff remarks of I might 3 M0. ismN: R1ghL if you had five 3 in this can as Mr. Bueek or Mr. Donaldson, as well, if 4 different owners, 4 there are any final staff =WW I guess wt can start S MR. DONALDSON: If they do, in fact, replat 3 with Mr. Reed. Any remarks? 6 and combir a lots, then that right to a sign would be 6 MA REED: Not that I can think of. I'd be 7 reduced by the number of lots that are reduced. 7 happy to wmwtr any questions. a MR. IRWM: Now, if we should develop it a MR. ENOELDRUl . Mr. Donaldson? 9 ourselves, wt probably would not in other words, 9 MR. DONALDSON: No, I think as long as 10 eiese four lots, you know, we would not be permitted to 10 everybody's clear, we're talking about a condition that I I put four signs down through there. Isn't that correct, I l tirtdts the number of monument signs to one per lot plus 12 Mark? 12 one addidonal. That would be on it corner lot with it 13 MA DONAtDSON: u it were plaited ail sd a 13 limit of six flit Ot height so tgllars fat of area and 14 single lot? 14 then a condition that on those lots 4olning Teasley IS MR. tRWtN: RWIL is them will be no wall signs placed facing Teasley, 16 MR. DONALDSON: Tben YOU Would have one Sign I6 MR. 6N0ELBR m: Mr, Bucck? 17 unless it exceeded S00 feet frontage and then you'd be 17 MR. BUCEK: The only thing Is if be answered 16 allowrd arv,t one. Five would be the maximum along IS the question of the residential quality, if the signs 19 Teasley and then there would be conceivably one 19 you like On Carroll would be appropriate, you can use 20 additional one that would be close to Teasley but off of 20 that a an example of the type of aesthetic look you're 21 it along Bent Oats Court. 21 looking for. And I think that's It. 22 MR. RiSHEL 1 just want to play devil's 22 Mit mow4o: w'het's the location on Carroll 1 23 advocate We. If they rcplat it, I guess they could 23 that we're talking about? 24 plat out eight or nin, units along them as opposed to 24 MI6 DONAfDSON! 1 don't know the address, 25 five units along there. 2s north of Eagle on Carroll on the tsst side. Page 74 Page 76 I MR_ Imm: you could but there's not room l MS. 00MIE: Across from the cemetery and 2 to do that. 2 from those apartments. 3 MR. DONAtDSOM They have limitations Within 3 MR. MOMWM okay. Thank you 4 the existing zoning as far as square footage, total 4 MA RIsHm mark, I keep having you say s square footage and total square fcotago pS building, S and I want to make sum I'm on the part, am 104 6 and it dictates the lots right now. 6 residential or am I on non-residential? Because I keep 7 MR RIsHELr street footage? 7 I understand the six foot but I keep hearing Mr. 6 MR DONAIDSON: No. a Irwin say 60 toot and you say SO foot and I want to know 9 MIL IRW W; 7,400 fat IS the maximum per 9 are we complying with the residential district or am we to building and it also permits a story and a half. 1 10 complying with the non-residential district and the I 1 doubt that we' it have any story and a halves out there, l l non-residential diMct does, in fact, read 60 fool and 12 They'll probably be one-story buildings, Anything 12 the residential reds 50 foot. I want to make sum we 13 else? 13 have that elm. 14 MR. ENOELBRECirr: lust a point, you do 14 MR PowELL! And we're talking squm feet 15 understand that if approved that way, one of those five Is hre, 16 signs or your total unit sign would have to, in essenoe, 16 MP R1sHEta Right 17 be sitting on tit little entryway VxWL It MIL DONAtDSON: I'm intending to substitute 16 MR. IRWIN: Right Ice the residential district attributes for height and area 19 silt ENOELBRECHt okay. Any other i9 into the non-resWntial and glen keep the Al 20 questions? Thank you. is there anyone else present wbo 20 non-residential attributes as far as setbacks and j j. ' 2 t would like to speak in favor of dis petidD117 Anyone 21 lighting and numbef. 12 else present to speak in favor of the petition? In that 22 MA RISHEL: s0 we're mixing this other than 23 cart, is there anyorg present who would like to speak in 23 the sign part itself? 24 opposition to the petition? Anyone present to speak in 24 MJL DONALDSON: Height and are substituting 2s opposition to the petition? Seeing no opposition, we 23 the residential for the oon-mai&e tial, PLANNING AND ZONING APRIL 14, 1999 30. - Page 73 - Page 76 1 'I I CondenselitTV Page 77 Pace 79 1 MR. RISHEL: 7benk YOU. I MR. P 4WtBRECtrTt 1 Can't Id dds go 2 MR. ENaELBRECHr. ML Gourdle. 2 without weighing In since you bring all this up. You t' 3 Ms 00MIE I drive this road every day 3 know, if the street ad&"$. the ownber, was printed in 4 and I know that we just got Timber Ridge, I think, Just 4 a consistent fashion in bust oasa around town. I don't 5 went out and put their monument sign up and the 5 think we'd have any trouble finding any of them. I have 6 lettering is so small, you can't read any of the tames 6 no difficulty finding to address in a residential 7 of who the people are. I'm concerned of having so many 7 neighborhood and they're printed In several places but 8 monument signs with lettering so sma11 and people going a generally it's on the door or on the curb or on the 9 60 mi lea per hour, how are we going to handle alp this 9 mailbox. 10 infomution for people looking for their offices when we 10 But in a commercial district It may be 11 don't really have something for people visually to we I I anywhere or may not exist at &IL Nowhere. And it 12 when they're driving by. 12 seems to me that there are cities In this country that 13 And it's just and also the one that was 13 have no signs and all the business gets done just fine. 14 just put dime on Wind River, the children the Ooffs, 14 But somehow they're found. But if you'll look at thou 15 I believe are the doctors that are performing there. is cities, you'll find that they really are very careful 16 Again, the printing Is really little and it's not till 15 with their addresw because that's all they have there. 17 you're right up on it, you hit your brakes to read it 17 They have a number. This Is "X" block of the street and I I and you're, like, ob. I think we might have I mean, 18 we don't have any requirement at All. You can do 19 1 totally understand, but I think we need to work 19 anything, so we stet off with signs tiwe and pretty 20 sonnebow with lettairg to make sure the the lettering 20 soon first, the signs are too big. And now, all of a 21 is large enough so wi m people arc driving by wt'rt not 21 sudden, we're thinking the signs are too small 22 going to have these problems. I'm already starting to 22 MS. CAURDII_-• Not the signs, the lettering. 2) see people pining their brakes trying to read these 23 MR. ENGELBRECH T: By the way, what 15 the 24 signs. They're not doing what they're meant to do, 24 speed limit on Teasley? 25 They're not functioning as monument sigma. They're 2! Ms. 00MIE: 60. it starts to slow down to Page 78 Pig I functioning inappmpriat.Iy and I'm not even looking for 1 55. And it hits 15 when you pass Wind River and you've 2 anything but "m just reading it as I'm going by, or 2 only got the one lane to wxrk with s6, and I actually attempting to. 3 had to 1 was going 60, someone hit their brakes and 1 4 And I think maybe we noed to either amend 4 had to go off and drive Into 5 our ordinance or something to say that lettering has to 5 MIL ENOEIBuxw. it's 55 there In front of 6 be visible from so many fat or something like that 6 this property. Okay. Yes, Mr. Moreno. 7 because 1 foresee with ati these offices we're going to 7 MR. Mom* I've got kind of a comment e have a big problem. Aid ]just believe we need to think 8 along with what Ms. Gourdie'i saying. I keep thinking 9 about that, if not now, In the future. 9 of five signs within 600 feet or so and 1 keep 10 MR PowELL t wish you'd have been here 10 envisioning the old Berm have commercials. Forgive me, 11 when we did this Sign Ordinance the last time. You I I Mr. Irwin, but that's what comes to mind when 1 think 12 would have been a voice in the wilderness because the 12 about that situation. 13 whole City wanted to make every sign go away, it socmed I ) MR. EfQt3ELBRECHTt Mi. Apple, 14 like, And those that didn't go away should be as small 14 Ms. APPLE: i think what I'm thinking about 15 as possible, 15 along this Lira: Is the Westgate Professional Offices 16 MS. GOMRDIE: Well, I'm not saying the sign 16 0 it are out there across from the hospital. They have 17 shoul3 le b4,,gcr. I think the printing needs to be 17 perfectly acceptable signage. You know, which building is biw..r. That it needs to quit saying as much as it says is is width. It's not unattractive. It blends with the l 19 and just, you know --this is where you need logo for 19 building. And I guess f would propose that if Ms. A, , r 20 yocr eye doctor, Ih. whoever instead of saying this is a 20 Ocurdie's concerned about the site of letters, that we 21 children's home who specializes in blab, blab, blah, 2t stick with the non-residential sift for the signs and 22 blah, It's advertising and I don't mind it. Cm just 22 that would allow the lettering to be Isrger. At least 23 saying I can't read it as a person looking for my office 2) they would have that opportunity if they coded to make 24 building. It's not clear enough and concise enough 24 their signs that blg. 25 because the lettering is so small. 25 1 guess I'm seeing that the development Is PLANNING AND ZONING APRIL 14, 1999 31. Page 77 - Page 80 ! Condwscl[0 Page 81 Page 83 1 probably going to be consistent 1 don't think we're 1 inatasod by ten Ruale fat 2 going to have a red sign here and a blue sign here end a 2 MR rowetLt NN square feet was 60, the ra 3 yellow sign ham. I think they're going to, with their 3 manimwa height was sin. 4 restrictions, see to it that the signage Is consistent. 4 Mt 12MWMSGN: And other attributes s And I guess I'm not really understanding the concerts S consistent with the non-residential zone district 6 about the number of signs. it's going be several 6 MR PMU-' Additionally, other attributes 7 businesses and I don't think it's feasible to expect a 7 of the monument signs would b.• consistent will the 8 business not to have a sign or people aren't going to be 8 non-residential Sign Ordinance, n la-residential p:'t of 9 able to find It regardless of the An of the kited* 9 the Sign Ordinarwe. 10 MR POWELL' Mr. Chairman, when it's 10 MR ENGELBRECHT: And the second wan 11 appropriate I'm willing to attempt a motion. I I Ms. APPLE: And I'll still second that with 12 MR LNGELBREM: It teems like everyone 12 the friendly amendment. 13 appears to be ready for that. 13 MR ENGELBREM: You'll atilt second. All 14 MR POWELL You have to recognize that this 14 right. W. Morena, 15 Is an attempt 13 MR MOREND: Question. In all that 16 MR ET,'GELBRMI T: r understand, air. 16 discussion did we speak to the additional land u9ea? 17 MR POWELta A draft, as It may be W. 17 MR POWELL• Additionally, thin ordinance to Chairman, I would move to approve 2.99-022 and amend is would allow two new land uses as recnummaoded by staff. i9 zoning ordinance 98.133 for the following: to allow 19 aLS APPLE: ell second 20 wall signs per our Sign Ordinance on all the buildings 20 MS. 0OLIRDIM Question. I& Irwin made the 21 except those that face Teasley Lane. There would be Do 2l comment that even the ones in the back face Teasley, so 23 wall signs on the buildings that face Teasley Lane on 22 to speak, and the suggestion was use the word "front," 23 the Teasley Lars,, side. Additionally, we would allow 23 "that fronts Teasley' versus "facing Teasley.' You said 24 monument signs, one per building with one extra nmuunent 24 "facing." I'm just wondering if you want to clarify 25 sign ter the subdivision on the Owner. We're Dot going 23 those two words. Page 82 Page 84 I 1 to specify which comer. Additionally, these monument I MR POWELL: r' I1 use the word "abut 2 signs would be a maximum height of six feet with a 2 Teasley." 3 maximum size of 60 square feet 3 M5. APPLE: And I'll second that 4 MS, APPLE: Second. 4 MS. GOURDIE: Okay. Another comment. We've S MR. RISHEU A friendly motion. You said S made a concession of the maximum effective area as 60 , 6 "on the corner" and I'm thinking maybe w'e'll want to 6 fat on the assumption that the lettering could be made 7 specify "on a corner" to make sure it's one sign because 7 bigger if necessary. I'm really uncomfortable with 8 they have four corners hem. a that. 1 mean, not that I'm saying anything, but I'm 9 MR. POIATLL: well, l said one additional 9 just saying that, chances are, it's going to be more 10 sign and it was to be on a corner lot; however, I'm io advertising placed on that sign and the Letters aren't u willing to word that differently because that was a 1I going to get any bigger. So 1 don't I don't know. 12 draft, you knew. 12 I'm just saying I don't like adding ten feet on the 13 MR. Risl1EL: That's fine. 13 assumption. 14 MR. Inv: Ten or 20 foot setback? 14 MR. POWELLt I understand and I agree with is MR. POWELL: whatever the setback is now, IS you, but t don't know any way In the world to regulate 16 I'm not changing it. 15 the size of the letters on the sign. If there was a way 0 MR. IRWIN, For non-residential. 17 to do it that was consistent with anything else we've is MR. POwELU My understanding is there is a is done in the City, I Wright be aiming at it but I'm afraid ~ t9 setback in 98.153 and I'm not changing that 19 that we're going to bite off a whole lot more than we A 20 MR. DONALDSON: Specified in that ordinance, 20 can chew there. / f; , 21 we would refer back to the Sign Code then. 21 Ms. QouRDtE: All right. Then can we go 22 3.ut. ENGELtiltisc : And the difficulty in 22 back to the original thing that we talked about, 50 23 referring back to the Sign Code Is is that this was a 23 square feet maximum just because 24 non-residential area; however, we're imposing a 24 MP_ POwav Well, let me tell you why 1 25 residential sign criteria primarily, although it's 2S went to 60 and rhea maybe PLANNING AND ZONINO APRIL 14,1999 3 Page 81 • page 81 2. Amddh C Coadonaeltrm page 85 Page 87 t MS. GOURDIE: Okay. Maybe that will help, t off. At least they're not obtrusive to me in my 2 MR. POWELL: 1 can remember the signs that 2 subjective point of view. 3 he has on Carroll and they don't look too big there and 3 W. OOURDIE. rm trying to think, isn't it 4 1 don't think they would look too big here. That's all 4 on the building, is the names of the companies and t, S I'm saying. Ile went to great lengths to say that he had S on the monument area, the ground sign is a number; is 6 built them on Carroll 60 square foot by six foot high 6 that coerces? 7 and i think they're nice-looking signs. I don't think 7 MA ENGELBRECHT: ON well, you can do it s tlxy stand oul,1 don't Wak they're obtrusive in any a any way you want. 9 way so I felt if they were good enough for Carroll, 9 MS.O MRDtE. rm just toying the ones that Io they're good enough for Teasley. to they're referencing. I I MS, GmURDiE: Do you recall how many signs I I Ms, APPLE: t don't believe go. 12 are on that property? 12 MR. POWELL: 1 don't remember. But 1 know 13 MR POWELL: No, but they're not any further 1) the sign age out there tells you who was in what 14 apart than these signs arr. There's not as many it building. 1 don't remember how they Jo it and it also I s buildings, but they're not any further apart. 13 gives you t number. And then if you drive in and park 16 Ms. Gouitma when I drive by there 16 on the inside there's also signs in there to tell you. 17 DIR. POWELL: Seemingly, there's four of them 1I • Ms. ooumg: That makes sense. That's i a but 1 may be wrong but they're about the same 'dstance to perfectly logical. 19 as wti re going to be looking at here. So Instead of 19 MR ENGELBRECuT. Any other discussion? 20 maybe six, you're looking at four of them and from a 20 Anyone else? In that case, we are voting on, one, the 21 subjective point of view, from my subjective point of 2 t monument signs, six of them, six feet Mgh, 60 square 22 view, they're not obtrusive. 22 feet; wall signs on the interior walls would be allowed; , 23 MS. GOURDIE: At 35 miles per hour on a 23 and the two additional uses requested that were in the 24 threc-lane road, big difference in my mind. 24 staff report. Okay. All in favor of the motion 25 MR. POWELL: I've been known to go above 35 25 MR RIstiP2a: 1 don't think that's the Page 86 Paz l on Carroll though and they're I motion. You specifically said stx and I'm thinking 2 MR. ENGELBREcirn This is a discussion 2 about those back buildings wticb would also have 3 phase. We seem to be having quite a bit of that. Is 3 tnonumcnt things to them to. You're talking about the 4 there anyone else that wish to weigh In? 4 six that would be along Teasley, five for the buildings, 5 MR. POWELL: We have a motion and a second. 5 MR ENGEIBRECRT: I was saying ail feet 6 MR. ENGELBRECHT: I know. )exactly. That's 6 high. 1 wasn't saying the number. 7 what I'm saying. Mr. Moreno. 7 MR R1sm. rm sorry. 7bank you. a MR. MORENO: I'm somewhat concerned about a ms. Appa: And we're voting Bob's motion. 9 the number of signs on a relatively small piece of 9 We're not going to pay any attention to his reiteration. i o property but I recognize the business owners' right to 10 Mx Era MIUCHT: 'Ads was Just a nunmary. 1 I advtrtise, so I'll vote for the motion. 11 1 was trying to summarize. I don't think I'll do that. 12 MR, ENOELBRECHT: Any other discussion? 12 Motion as presented by W. Powell. All In favor of the 13 Anyone else want to weigh in? Mr. Powell, again. 13 motion please raise your right hand. Motion carries 14 MR. POWELL: Yes. Ms. Apple described some 14 unanimously. And I hope the petitioner has some idea of 13 signs on North 1-35 and you told us tha name of the 15 what passed here. 16 subdivision. Tell us again. 16 MR PmLt: would the petitioner recognize 17 MS. APPLE: It used to be Westgate 17 how much trouble we've gook through for you? 19 Professional Offices and I don't know 19 MR ENGELeRi;clrr: Item 10 this evening is 19 MR. POWELL! But it's across the interstate 19 to bold a public hearing and consider making a 20 from what used to be Westgate Hospital? 20 recommendation to the City Council concerning the f v, 21 MS. APPLE Exactly. 2l tenoning of 3.79 acres from a Two-Famtlly district to a 22 MR. POWELL: And those signs ate closer than 22 Central Business district. The property is bounded on 11 we're talking about and they're not obtrusive either. 23 the north by Parkway, on the south by Pearl Street, on 24 MS. APPLE: No. 24 the east by Bolivar Street, and on the west by Carrotl 25 MR. POWELL: And people know then to tom 25 Boulevard. The proposal is to develop it three-story, PLANNING AND ZONING APRIL 14, 1999 33 Page 85 • Page 81 . P F.'SHARED~DEATLGLuDoem,rnb`4rdimnee ATTACHMENT 3 R ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 98-153 WHICH ESTABLISHED A OFFICE (O[C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4982 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE, OPPOSITE OF BENT OAKS DRIVE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-022) WHEREAS, Dr. Steve Mcyerdirk, on behalf of Dale Irwin, has applied for an amendment to the conditions of Ordinance 98-153, which established a Conditioned Office (o[c]) zoning district classification and use designation for 4.982 acres of land; and WHEREAS, on April 14, 1999, the Planning and Zoning Commission recommended approval of the requested change in conditions of Ordinance 98-153; and WHEREAS, the City Council rinds that the change in conditions of Ordinance 98-153 will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the conditions of Ordinance 98-153, which established a Office Conditioned (Ole]) zoning district classification and use designation for the subject 4.982 acre property, described in the legal description attached hereto and incorporated herein as Exhibit A are amended under the comprehensive zoning ordinance of th.: City of Denton, Texas, as follows: L A new Exhibit "B", which is attached hereto and incorporated herein by reference, is substituted for the old Exhibit "B", referenced in paragraph I of Section I of Ordinance 98. 153, and allows two additional land uses, 2. That in addition to the door signs referenced in paragraph 5 of Section I of Ordinance 98.153, additional signs and regulations listed below are allowed: A. Wall Signs. Wall signs shall be allowed on all buildings. However, no wall sign shall ba allowed on any wall of a building that faces (abuts) Teasley Lane. B. Afonumeni Signs. One monument sign per building with one extra monument sign for the subdivision on a comer. The maximum height for monument signs is six (6) feel with a maximum size of sixty 160) square feet. SECTION 11. That the City's official :oning map is amended to show the change in zoning 1,tr; district classification. l SECTIQN It . That tha provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 98.153, but all provisions of Ordinance 98.153 as they apply 34. 1 V to the remaining portion of the zoning district land use regulations not herein amended, shall continue in full force and effect. SECTION IV, That it copy of this ordinance shall be attached to Ordinance 98-153 showing the amendments herein approved. SECTION 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. SECTION VI. 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 Reard-Chronicle, a daily newspaper puUshed in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROV ED this the _ day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY J BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY XWORNE~ BY: ~~/rte 0 PAIE 2 35. • ct i EXHIBIT A 11'CtNNIM: ter thu Nn rthcast corner of the tract beinA doscribod hocadn lot a rutaf retu:o cosier post at the bcuipf al,. Moe shoat Oa[n+r of tlw sold brown lraetl ~TIILRCK Smith AS tailrace 14 Mihtutu 74 Second" West vlth the Gat 11no tlhececf {anttallr along a pipe uul rat.l+ Irks a dlats"# of 480.09 feat to an Iron red lt • for tto Northeast Cnrnnr of a called ).816 acre track deg rlla,l in tlx: deed !tuft Kirk It. Ovt'n NMI to Fatly O. Cwal cecorJed In Vothwer 1113 Molls 906 of the load Records td IAtutui Cmmty,• ~tesmr, Lfiwa South tlrl'Ofgreas IL Mlruhtla 00 Seconds Ntat With the North lint of said I.tllb nary trvr4 xuvettnt! s.tiJ 6,n:11• acre tract a distance of 319.91 Get to an from rod found for the Narthvsat Corner ar-said 13th oven lracl In OW We Line of F.M. Ililitvoy 1161 In a dtrvo to the rlY,ht hAvim a radius of 1361,69 facts , I T11lR:t atlh the ate of.aAtd curve, on arc length of $51.20 fart ( cherJ heirln6 North I) Dograta 01 Mlncttaa 10 Secunda Volt a dIAt4nc+ or 111.49 Icet f to an Iran rod net for the Nurthvnat Corner of sold grown tract; r ~ r TIItS:tK In sn Kasireel Jl«rtion Wltlt the North line thereof the !n `liov or 1 n, 3 eouusa oral Jiuod ertes; kl e East a dlstenua of 2 I4e4t to an Iran ra vt•) Smith 93 wlrata 48 klnutAs 09 Sacurd . ) NoUh,68 doy,resa 18 Minutes 53 6ecahds Last,a disisnes of 16.62 felt to an Icon fW get: 1.1 l.Mith 81 6ogr4% 48 Minutes 09 Steonde last a distance of WAN 7octto tlw FLWK Ur of Ir 1tr: a,,I tneluslr,l 4.940 ncreo of land. these Fieldd Sotev Wltlt the nccu". nyinit sk2teh vure prepurcd from wt o0•thu•/raumf survey readu try of un ktna: a. I'INg. IMra o.o no visible or apparent Intrualons, protrumlons or aosuetnts except se shuvnh. FIAOO 5TA'I'MI1et: l tvnve asu+lned the F.C.H.A. flood losurnnce Maid Map for the City of Oonton, Donlon County,Teesa COMMftr1' 90. 480194, effective Batt, _ A6cgust t, l9N) ark) that cup InrllcaLeo ghat All property I/ mat Within nn tdvntlfled fluu,l rune as shnvn on Fannltmaor abtd nnp. ~ ~ , O.C. ..t o p fri?. ,..a r.•f_.3cwL__. t.nr_iq..riy ~ yt~ ►u.arv Gass d«. mlelmvi J. Korn M.F.S. N.0.4114 Oute a~ ► S6y46'09'G 440 46' _ eV r••.CO. ce y sar"a'ovc y I ` 1 21)3 7 SI w Ida t J. FISHER SURVEY:--A. 4211 __.~tf.P.i. DWON COO TEXAS v t• I N7'Y `G T iWWI, e c "'J'i ~e wt n.qr [ter. W.d bet W.at 6 0 ~w ►~o.Kr W can" xr hu ~lP•'= N rr v..,e i, tr g { 4996 lNU~os'si M SSny'I of Ad Avt ~ ~ 'r s .rJ 36. }1 . Ih9 S3' I ea' ai'od+t c~ u fi EXHIBIT B Z-99-022 PERMITTED LAND USES F,dug"onal. Institutional en 8oeelel Uses Art Gallery or Museum Day Nursery or Kindergalen School Hospital (General Acute Care) Nursing Home or Reeldenoe Home for the Aped' Institutions of Religious ur Philanthropic Nature UtIllb. Acceasorv and Incidental Uses Accessory Building Temporary Paid or Constwdon Office (Subject to Approvd and Control' by Building tmpector) Telephone, Business Office Retail and Sondes Twos Uses OPRces, Professlonat and Admtnistrative Studio for Photographer, Musician, Artist or Health Ag&UllYUlUseE ; Animal Clinic or hospital (no outside no outside runs or pens)' ' These two land uses are in addition to the original land uses permitted by Ordinance 98-153 i W f I 1 \ rr~.. 37. r ' Chapter 33 ATTACHMENT 4 Signs and Advertising Devices GROUND AND MONUMENT SIGN REQUIREMENTS ' ~ ' I,ti`t:al, Collec#or tined Se~tirdary Arterials (See Page 16 fo'r SEreet Residential Districts hfaximum Ove tall Six (6) feet from the natural ground level or top of curb to the top of Height: the sign. Maximum Effective Fifty (50) squara feet. Area: htl:,tmum Setbacks: Ten (10) feet from back of curbline as well as from the side sod rear property lines. One (1) sign per street frontage andlor one (1) per five hundred (500) Number Allowed: feet of frontage on a collector or arterial street. When there are two (2) or more signs on one street frontage, the signs must be a minimum of sW, (60) feet apart. Non-Residential Districts hfaxtmum Overall Six (6) or twelve (12)feet when two allowed signs are traded for one Height taller sign- a e"(& N measured from-the natural ground level or curb to the top of the sign. hta%tmum'E ffective SMy (60) square ee or one hundred twenty (120) square feet when. Area: Iwo allowed signs are traded for one larger sip. htinlmum Setbacks: Twenty (20) feet from back of curb and ten (10) fees from side and rest property lines. Ground or monument signs over tea (10) feet In height must maintain the following setback from single family residential districts or use: Lighthtg Setback: No lighting ■ 100 foot utback lpternal lighting . 200 foot setback r-mernal lighting 500 foot setback w. One 1 sign per street frontage amVor one (1) sign per five hundred Number Allowed; X500) lea a rontage oa a to cdor or annual street. When there are two (2) or more signs on one street frontage, the signs must be a minimum of shay (60) feet apart. fir,; Z. 38. t C f c~ I~ 3 Chapter 33 Signs and Advertising Devices GROUND AND MONUMENT SIGN REQUIREMENTS `l~ (See Sege 16 liar`"Scree! L(sling) r ' ' Residential Districts Maxlrnum Overall Six (6) fret measured from the natural ground to the top of the sign. Height: Maximum Effective Fifty (50) square feet. 1 Arco: Minimum Settacks: 'fen (10) feet from back of curb and aid- and rear property lines. One (1) sign per street frontage anWor one (1) per five hundred (500) Number Allowed: feet of frontage on a collector or arterial street wf,h a sixty (60) foot separation between signs. Non-Residential Districts Maximum Overall Tw. tv f201 feet measured front the natural ground or curb to the top Height: of the sign. Single Tenant: Sixty (60) square feet. Maximum Effective Area: Multi-Tenant: Sixty (60) square feet plus 3 square feet for each foot Ar of street frontage on one arterial street, to a maximum of one hundred fifty (150) square feet. Twenty (20) feel from back of curb and ten (10) feet from side and Minimum Setbacks: rear property lines. Front setback can vary to a minimum of fifteen (15) feet with a sign height no greater than fifteen (1s) feet (Le. is it. height a 1s ft. setback} rou d or monument s!gns over ten (10) feet In height must maintain the fotlowfvg set n from gln¢le family tesldentiat districts or use: Lighting Setback: 11 ti htin a 100 foot setba~ Intema g t g e foot setback External lighting a 500 toot setback i , One (1) sign per street frontage and/or one (1) sign per five hundred I Number Allowed: (300) feet of frontage on a collector or arterial street. When there are two (2) or ,pore signs on one street frontage, there must be a minimum setback of sixt 60 feet between s ns. 39. t C U Chapter 33 Signs and Advertising Devices WALL SIGMY',t ~,U; t (sign flush with the buflIdg'wa~l'thh! ddbi;n't' ';a~ 1,p6f ect''more ihkn 1Z inches awaj [rotm the bull ing ~ ~ r )~y 3, i a s r, f y, 10afi'dit',ECti00, 74j'1' Residential Districts There it no height limit as long as the sign does not project away Maximum Ove tau from the building more than twelve (12) Inches or above the roof Height; more than twelve (12) Inches. A permit Is not required If the sign Is less than fifteen (15) feet from the ground to the top of the sign. Maximum Effective There N no size limit for wall signs. Area: Number Allowed: There is no p nh to the number of wall signs allowed. Wau signs over fifteen (is) feet in height must maintain the following setback from single family tesidentlal districts or use: Lighting Setback: No lighting . 100 foot setback Internal lighting a 200 foot setback External lighting - 500 foot setback Non•Residentlal Districts There Is no height limit as long as the sign does not Maximum Overall project away from the buiding mote than twelve (12) ffefghl: Inches or above the roof more than twelve (12) Inches. A permit Is not required it the sign 6 less than fifteen (15) feet from the ground to the top of the sign, Maximum Effective There Is no size limit for wall signs. Area: Number Allowed: 'mere is no limit to the number of wall signs allowed. Wall signs over fifteen (15) feet In heighl must mafnlain the fullowing setback from single family residential districts or use: Ughting Setback' No lighting a 100 foot setback Internal lighting n 200 foot setback External lighling a $00 foot setback r ' t d 40. C U f Apettd W Q "Otp AGENDA INFORMATION SHEET 0491rb1bm 5 06 r. AGENDA DATE: May 18, 1999 DEPARTMENT: Planning Department `J Cd11DCM/ACbI: Rick Svehla, 349-77i5 SQBJE4 - Z-99-19 (Achievers Gymnastics Center) Hold a public hearing and consider amending condition two (2) of ordinance No. 95-116 to allow for an additional ten thousand (10,030) square feer of floor area for a gymnastics training facility. The 2.0 acre property is zone Light Industrial (LI(C) and is located on the south side of Interstate 35 adjacent to Carpet Max. The property legally described as Tract Ii of the Daniel Lombard Suney (Abstract No. 784) in the City of Denton, Denton County, Texas. The Planning and Zoning Commission recommended approval (6-0, Ganzer absent) with conditions, BACKGROUND The applicant proposes to amend one of the conditio is attached to the site's Light Industrial zoning that would allow the construction of a 20,000 square ftat structure as opposed to the maximum 10,000 square feet currently permitted. On June 20, 1995 the sui lcct property and the adjacent property (Max Carpets site) were rezoned to Light Industrial Conditioned (Lt(c)). At the time both properties were one parcel. Condition number 2 of the zoning ordinance (See al hment 3) stated that the total floor area for all building(s) constructed on the 4.2711 acres shall not excel 25,000 square feet, a floor area ratio of 0.13 to I. The Carpet Max building is 15,000 sq-rare feet, which allows for an additional 10,000 square feet to be built. If condition 2 is amended to allow for an additional 10,000 square feet (or a 35,OW square foot total) the floor area ratio will be 0.19 to 1, j Current conditions approved as part of the 1995 LI(c) zoning ordinance for the site include: I, Restricted list of permitted uses (see Ordinance 95.116, page 14); 2. The total floor area for all building(s) constructed on the 4.2121 acres shall not exceed 25,000 square feet; 3. No "off premise" signs (as defined by Section 33.2 of the Code of Ordinances of the City of Denton, or its successor) will be permitted; 4. All loading dock and dumpster areas shall be screened from the view of t-35E by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least six feet above grade. If vegetation is chosen, the owner of the property shall maintain such that it remains opaque throughout each year; 5. That corrugated, or any oth.r metal exterior, shall not be allowed on any building elevation visible from 1.35E; and 6. The owner of the property shall maintain all trees larger than two (2) inches in diameter, where any portion of their trunks are located within 25 feet of any property line, and this duty shall r. attach to the zoning. 9 The proposed development is consistent with most of the policies of the 1988 Denton Development jl Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment I - I Comprehensive Plan Analysis section). I t ~ J c . f D Four (4) propeity owners were notified of the zoning request. Two (2) responses have been y? received; one (1) in Avor and one (1) neutral to the request (see Attachment 1 - Property Owner ' Responses section). PRIOR ACTIONIREVIEW The following is a chronology of Z•99.019, commonly known as Achievers Gymnastics Center Application Date - March 4, 1999 P&Z Date - April 14,1999 ESTIMATED. PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development FISCAL INFORMATION Development of this properly will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. P&Z RECOMNIENDAUM The Planning and Zoning Commission recommends approval (6-0, Ganzer absent) with the following conditions. L Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. OPTIONS t I. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ATTACH,titE t. Planning and Zoning Commission Report, April 14, 1999, Z•99-019. 2. Planning and Zoning Commission minutes from April 14, 1999. 3. Draft Ordinance, 4. Photographs. Resl+cctfully cam awe Hill Director or Planning and Development t Prcpaz b- } Larry Rerchhart Development Review Manager 2 f r r t Applicant 1 Owner: Frank M. Kudlac Achievers Gymnastics Center 268S.1-35 Denton, TX 76205 I I i a S.'p On June 20. 1995 the subject property and the adjacent property (Max Carpeta site) were rezoned to Light Industrial Conditioned (LI(C)), At the time both properties were one parcel. Condition number 2 stated that the total floor area for all building(s) constructed on tho 4.2121 acres shall not exceed 25,000 square feet, a floor area ratio of 0.13 to 1. The Max Carpet building Is 15,000 square feet, which allows for an additional 10,000 square feet to be built. If condition 2 Is amended to allow for an additional 10,000 square feet (or a 35,000 square foot total) the floor area ratio will be 0.19 to 1. J 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) snows this area to be within a Moderate Activity Center. These areas emphasize a diversity of land use developments. They are Intended to place jobs and housing In close proximity to one another. Vehicular trip generation due to development within Moderate Activity Center Is restricted to 350 trips per day per acre In order to balance land use with road capacity, Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. See enclosure 5. 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed developmen' to be consistent with the policies of the 1998 DP. See enclosure 6. Ii ;3 `~t~ 03 1. Transportation Trip generation The proposed use (a gymnastics training center) does not tend Itself to traffic generation analysis, The Average Trip Generations provided by the Institute of Transportation Engineers, (fir; c 1991, does not have categories or land uses that relate to the proposed use, As this site is located on 1-35 access road staff believes that adequate capacity exists for the proposed use. { I 4. F he site Is via South 1.35 frontage road. . apacity The 1-35 east frontage road Is designed to carry approximately 6,000 trips per day. At present, the most recent traffic counts for this road indicate that there is adequate capacity to handle the trips generated from the proposed development. D. Pedestrian Linkages Sidewalks along all public streets are required. 2, Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 4): Water: Existing 14 Inch waterline along 1-35. Wastewater: Existing 8 Inch gravity sanitary sewer approximately 450 foot south of 1-35. Sanitary sewer extension or on-site septic system will be required to service the site. Fire: Existing fire hydrant Is located at southeast comer of 1-35 and State School Road, Fire hydrants will be required at 300 foot maximum spacing. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. , A preliminary drainage study will be required with the submission of a preliminary plat. The stvJy must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property, The developer must indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 6. Off-Street Parking New development must provide parking according to the regulations of Section 35-3011 of the Code of Ordinances. The total number of parking spaces required for this development is based on one space for every 200 square feet for a total of 100 parking spaces. ' •s`' r I s. c M 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen l15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). T. Lighting Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into P- , night sky. 8. Environmental Quality Impacts No negative environmental Impacts have been Identified. f~ , r+ January 14, 1969 - The subject property was placed in the Agricultural (A) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton. June 20, 11995 - the subject property was zoned to Light Industrial Conditioned (LI(C)) zoning classification. The subject property Is not platted and would need to tie platted prior to any development. Notice of the zoning request was published In the Denton Record-Chronlcle on Sunday, April 4, 1999, Four (4) property owners were notified of the request by certified mail on April 2, 1999. Six t8) courtesy notices ware nulled on April 2. 1999. Informational signage was placed on the subject property on April 2, 1999. As of this writing, there have be-, i two responses, one favorable and one neutral. Due to the location of the property, the limited adjacent properties and the responses received, a neighborhood meeting was not held. ( t 6. i t l; •i tettCleeura 5 The table below provides a summery of the 1988 Denton Development Plan policies applicable to this protect: Donbnn Development Plan Poky Ansilysle SurroUry Moderate Activity Center Development Rating vs. Poky POLICY COMMENTS matt nm consist«t Intent. These area" are Intended to encourage t diversity d land use development" Mat plaza )*a and t:sinp In dose prodmRy to one &rWw. X Intensity Standard. Moderate Mlvlty Allowed Intan" . ISO trt scm Centers than have a standard vetade big Allonted Intemlty •7DD tdps/slte intmM d 350 trip" pet day per prose % M (that), tatraraky. I" use dwsity is deQrkd as uses other Man Me damktaru land uses In the area suds as comnerdal, raw, Not InduMal, and oft m x H4h-o.nslty houdnS. WOW* t44ng is e. oureged in these Ve4 Induang maW*:turM housing, NA Low perWty mlShb*ft d tioudrq protection. Su a farrfy resldenm shad i Oe protected by strict site design mn", Induang setbads, bufferlrq, and landscaping, x Strip Cemmwdsl. The plan encarraW 1 canters of bushm odvity We dscaxaWng strip cmrwdal X r devetopment, w, 8. i ~ Enclosure 6 r. The table below provides a summary of the 1998 Denton Plan Pollcies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs, Policy CATAGORY Policy tnoonsistent kot I Aypiabk_~ U++sistent Transportatlom Cam ImentsDenton'st d onq-RargeTnoragMarcqan, x Promotes Aaess Management practices ! ` , +rcy:: x OpCrNm operations fa' emergency service providers and ' other pudic service providers. x Promotes We transportation system. r i r t"r' x Contributes to the Denton Trails network. starmwater Drainage. Protects 00-year floodplain area:, n accordance with y. k . DeMon's waterm manaotment puns Conforms to onl subdvWcn regulators. . = ' • N x Contrlbifin to regional detention facilities, Provides for natural rlparlan envlronment along foodplatn, Upgrades exlsUng sibstanEard drainage systems as Infiii x' t ' d and redevelopment o=, x Water and Develops aM maintain property and private 3 `tr w' j Wastewater. InrrashKiture. x Creates opporhinlty for oversibng water and wastewater r Imes to meet future development demands.;.;t k f PrDVMes review ct proposed water and wastewater r t c mfraanx3ure to enure pudic safety and hearth. e i. x promotes Infra Improvements over new ire eaterdons x Electric. provides underground eiedr c service for new residential r ' I ant ranreslukntial dcvelDprrent. x Solid Waste. promotes efficient mass to an developmed for solid ` waste strvtrt kllvery. x tl- Parks and Recreation. Locates parks and recreation facilities In Keovdarce with the Parks ant ltetreation Stralepc Plan. Enharrca parks ant recreaton opportunities for residerds, preserves Aoodplain for parks ant open space to all; In Aaodptaln cons^.rvation eNortt Kom combining of parks with oher pudic W ities to adileve test-eRedlve delivery of pudic services. Residential development "d dedate land or fees M lieu of land fa reig'rborhood parks Promotes preservation of raturd resources, x inteorates environmental prolactron with econornic growth and mmmuruty development, x 9. 'I I i I gl 1998 Denton Plan Pollcies Analysis (continued) i Denton Plan Policy Analysis Summary Dmloprwt Rating vs. Polity CATAGORY POLICY Inoonsts A Avq~ble CorAstent Netphborhoods, P a~ldes execs to pudk and wrmmity fsdldks far !Y resld~tial nelplhborhoodt ' y I)I Encou ages a rnwn of I" uses that benefit residents, x Protects and preserves eftno ne #bo tm& Promotes tdryde and ped~Mn 7alAc Mien and j betreen r etihbafioods to redxe vetAaAx bps. Housing. Aa nda a range or housing types that appeal to Lwaing eoorhondc end M~rlddual ureatyla. offers a variety or skgle•fmn* id tlas, buedng sites, am va ranges, Reserves eAstkg housing, tndudng atford&e housl hp. masses VM hoAng wftucdon. Ecommle ContrWes to a strong and dh'e okd loaf eoawny by INhnmlatlon. kcesslrg emptupwIt rdopandno the tax bm x Povarnment 1 hat mordneon to p wde x j Urban Datom Addresses soft * appe"W In a mrnpre w'*m manner. tNversfa ardy'4d" sppearanot or Wit Wrounent Neighbcrhaod In6I development shmM be compatible vdth eds land uses Ord boldngt Protects and pnmsmes Denton's ardJted of, oWnh~ral and hldorid resouro:s. Enhances the IM "W" Nang mOr enbancewayt promotes the preservation of trees and lardsceplrg. x Publle Involvement. ptodes an opporturAy fur "it opldon during du k j plamtrg Dro'kSt r'.A' G for r , ENCLOSURE 1- Vkinky Map Z-99-019 Acheivers Gymnastics A , CarpellMM SrrE ? 3 N a W E 1 I I ' c c. I i i ENCLOSURE 2 - Zoning Map Z-99-019 Acheivers Gymnastics r, A c ' PD-20 W~E i d, 12. 1 t w ENCLOSURE 3 - Utility Map Z-99-019 Acheivers Gymnastics N W ~ E EXISTING UTILITIES MAP • Hydrants Water Line (W. L.) Sewer Line (S. L.) r Electric Line (E. L.) 50 13 . rrw...~ a u ENCLOSURE 4 - 200' Property Owner Notation Map Z-99-019 Acheivers Gymnastics 200 root Buffer N [-35 WE $00 root buffer $ M 1l. x i h 0 NOTICE OF PUBLIC HEARING Z-99-19 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 1999, to consider recommending approval to City Council to amend oondltion two (2) of ordinance No. 95-118. The 2.0 acre property Is legally described as Tract 11 of the Daniel Lombard Survey (Abstract No. 784) In the City of Oenton, Donlon County, Texas. It Is located on the south side of interstate 35 adjacent to Carpel Max. The proposal is to slow fcr an additional ton thousand (10,000) square feet of floor area, The public hearing will start at 5:30 p.m, in the City Council Chambere of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (20) feet of the subject property, the Planning end Zoning Commission would like to hear how you teal about this zoning change request And Invites you to attend the pubffc hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing, (This In no way prohibits you from effendirg and partkipaft in the public hearing.) You may fax it to the number locatod at the bottom, man It to the address below, or drop It off In-person: Planning and Development Department 221 N. Elm 8T Denton, Texas 10201 Attn: Wayne Reed, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen Invotvemenl rind comment. Prior to the public hearings, landowners wilhin two hundred (200) feel of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses In support and In opposlUon, Second, the zoning petition Is forwarded to If is City Coundl for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If ownere of more then twenty (20) percent of the land area within two hundred (200) feet of the site submit mitten opposhion, then six out of seven votes of the City Council are required to approve the zoning change. These forms are , used to calculate the percentage of lendownsr opposition. Please circle one: In :favor Neutral to request Opposed to request Comments: ~ l~ i 1~ S I9na ore: Till. APA 6 1~9~ , Printed Name: ~ I Mailing Address: - ~r,fil~+NO a atva:3~r~~,~~rlT City, State Zip: I Telephone Number. 00. f? r t A, Physical Address of Property within 200 feet 111D S :E3_Ir! t:. i✓✓~ , >G~r , C1TYOPLIENTON, TEXAS 07YWLwEST s DWONJERAS 10201 040.310.6380 (F)040.340.7701 i rllen~mo h 15, t, Now NOTICE OF PUBLIC HEARING Y-99.19 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 1999, io consider recommending approval to City Council to emend oondition two (2) of ordinance No, 95-118, The 2.0 acre property is legally described as Tract II of the Daniel Lombard Survey (Abstract No. 784) In the City of Denton, Denton County, Texas, It Is located on the oouth side of Interstate 35 adjacent to Carpet Max. The proposal Is to allow for an additional ten thousand (10,000) square feet of floor ores. The public hearing will start at 5,30 p,m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would lfke to hear how you feet about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from offending and participating In the publlo h fa NO, f number located at the bottom, mail it to lie address below, or drop It od I Q e Planning and Development Department APAm 221 N. Elm 8T Denton, Texas 76201 Attn: Wayne Read, Planner I PLANIIINO b NVE,OP)RENT The zoning process Includes two public hearings designed to prcv a oppo n ea r Involvement and comment. Prior to the publ!c hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice, The first public hearing is held before the Planning and Zoning Commission. Tho Commission Is Informed of the percent of responses In support and in opposition. Second, the zoning petition Is forwarded to the City Council for final action p•aviding the Commission recommends approval. Should the Comnlsslon recommend deniat, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feel of the site submit written opposition, then six out of seven votes of the City Council are requlr6d to approve the zoning change. Thoeo forma are used to calculate fho percentage of landowner opposition. cis ono: In favor of request Neutral to request 01 d to r as Comments: JV4 Signature, fL Q et Printed ame: , f) Mailing Address: ;v7 e) City, Stale Zip: Olt E Telephone Number, * ! l,' Physlcal Address of Property within 200 feet: Uiil 00 CITYOF DENTON, TEXAS CITY t1AU YW * QENTON, TWS 70201 1707 fWneml Ili . f.! ii t. ATTACHMENT 2 Planning and Zoning Commission Minutes April 14, 1999 Pago 4 of b 9. Hold a pub% hearing and consider making a recommendation to the City Council concerning the addition of two land uses, specifically a veterinarian clink (with no outside rune or pone) and , , a nursing home or residence home for the aged, to a conditioned Office (0(c)) zoning district and to alter the existing sign restrictions. The property is located on the east aide of Teasley Lane, oppotito Bent Oaks Drive. The proposal Is to develop an office park. (Z-99-022, Dove Creek OMce Park, Wayne Reed) Motion by Bob Powell and seconded by Susan Apple to recommend approval to City Council. 'Dismssion of this Item Is Included In a Court Reporter's transcript attached to this eat of minutes (Pa)e 47). Motion carries 6.0. 10, Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 3.79 acres, from a Two-family Dwelling (2F) zoning district to a Central Business (CB) zoning district. The property is bounded on the north by Parkway, on the south by Pearl Street, on the east by Boulvar Street and on the west by Carroll Boulevard, The proposal Is to develop a three (3) story, 30,000 square foot bask with general offices on the western 1.4 acres of the site. (Z-99.028, Lakes Cities BarK Larry Relchhod) Motion by Susan Apple and seconded by Salty Rishel to recommend approval. 'Discussion of this Nom Is Included In a Court t'oporter's transcript attached to this set of minutes (Page 88). Motion carries 6.0. 11. Hold a public hearing and consider making a recommendation to the City Council to amend condition two (2) of ordinance No, 95-116. The 2.0 acre property Is legally described as Traci 11 I of the Daniel Lombard Survey (Abstract No. 764) In the City of Denton, Denton County, Texas. It Is located on the south side of Interstate 35 adjacent to Carpet Max. The proposal Is to allow for an additional ten thousand (10,000) square feet of floor area, (Z-99.019, Achlevers I Gymnastics Center, Larry Relchhort) Motion by Salty Rishel end seconded by Elizabeth Gourdie to recommend approval to City Counts. 'Discussion of :his Item Is Included In a Court Reporter's transcript attached to this set of minutes (Page 97). Motion carries ~a.0. ` 12, Hold a public hearing and consider making a recommendation to the City Council regarding the Involuntary annexation and service plan for 3,102 acres of (and located in the southwestern socti )n of the City of Denton extraterritorial jurisdiction. Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval to City Coun67. 'Discussion of this Item Is Included In a Court Reporter's transcript attached to this set of minutes it (Page 110). , 't+ c Motion carries 4.2. Susan pie and Bob Powall voting anginal. DIRECTOR'S REPORT 13. Council Action. 'Discussion of this item Is Included in a Court Reporter's transcript attached to this set of minutes 17. mom M Coodeneoltr" Page 92 Page 99 1 designed and malntained so u not to shine on or 1 we went to the allowed, the requested 20.000 square fort 2 otherwise disturb surrounding residential property or to 2 for a total or 35,000 square root, the floor are would t, 3 shine and project upward to prevent the diffusion Into 3 Increase to.19 to one, The request Is consistent with 4 the night sky; and as offered and agroed to by the 4 both the policies and trip intensity standards of the S applicant, the site shall comply with the new landscape S Denton Development Plan. 6 Code which requires 15 tress per acre and 20 percent of 6 l.et me get back to the trip Intensity. 7 all surfaces to remain pervious. 7 There isn't anything in the standard analysls that would ~ I Ma RISHEU second. I allow us to revs w the trip analysis for a gymnastics 9 MR. ENaet.eaeClrri n's been moved end 9 center. There Isn't any data out there for that type or i o seconded to recommend approval, Any discussion on the to facility to we use the old fashion common sense approach I I motion? Ms. Apple, I I that we're on 1-3 5. The chances an that the perk hours 12 Nis. APPM, rd just like to coy that 12 or use see going to be ndd•aftemoon, late during the 13 obviously I'll be voting for the motion 0" 1 made it 17 day, Saturdays, 20,000 square foot facility. We thought 14 but I think this is :t really IrW move. I'm sure there 14 that just stepping buk and taking a look that the 15 are going to be people who an song that they didn't 15 transportation network should be adequate to handle this 16 think of this wow. Beat or luck to yell. 16 facility. 17 MR. ENCELBREM: Any others? Pcrwnally, t 17 The request Is also consistent with the 18 look forward to seeing the development. All In favor of is policies of the 1998 Denton Plan. A¢cea would be via 19 the motion please talse your right lutnd. Motion carries 19 the South 1.3$ frontage road. Sidewalks would be pan 20 unanimously. 20 of the improvements or No development. The site does 21 Okay. That moves us to Item I I on the 21 have adequate water and unitary sewer, al,twugb the 22 Agenda this evening which Is to hold a public hearing to 22 applicant may put in a septic system because there's 21 consider making a recommendation to the City council to 23 some bedrock along the frontage of the property which 24 amend condition two of Ordinance 95.116. The two•acm 24 would make the cast of bringing sewers to the site out 23 property Is legally described u Tract it of the DOW 25 or reseh. Pogo 98 Page 100 I Lombard Survey, city or ikntoo, Denton County, Texu. 1 Off-street parking, I'd like to make I 2 it's located on the south dale of Interstate 35, 2 com wort on page 3 or the start report An atiglnal 3 adjacent to Carpet Max, ?rte proposal is to allow for an 3 analysis indicated that there may be 100 perking spaces a additional 1 o,ooo square feet or floor anus. Mr, 4 required. We've reviewed that again and woe think that s P.eichham will provide us the staff report. The public S now what would apply is one space per every three 6 hearing Is open. 6 occupants In the building, which would probably reduce 7 MR R[ICIIIURT! The subject property Is 7 that undo 80. But, regardless, their plan would have I located in the southeast portion or Denton. Loh me get I to comply with the parking requirements. The landscape 9 s little closer. The highlighted site, thls is the 9 requirements would be in affect for lids property, '.r 10 site, Thu site 1 just colored In Is Carpet Max end this to approved, -we would like to make the ncomrnatdation that 11 site Is adjacent to Carpel Max, At one time they w4'n 11 the lighting on the property should be designed end 12 - the two sites were one site, At the time or the 12 maintalred to u not to shine on or otherwise disturb I3 original rezoning request In 1995 roe approximately a 13 surrounding rcaidrntial properties or shine and project 14 little over 4.2 acres and the condition was that on that 14 upward to prevent the diffusion Into the night spry. is 4.2 acres, there would be a total or 25,000 square foot 1S Notice of No request went out to the fate 16 or floor era, which would give a floor area or 14 adjacent property owners by cenified mail. We've 17 approximately .l3 to one, 11 goiter two requests back1 one in Cava, one neutral, ~ is The Carpet Man building Is 15,000 square 16 'the one neutral request, I think their only concern was 19 feet which leaves an additional 10,000 square fat that 19 tl'tt there would be some type t. r beater betwom this r A 20 could be built presently. Carpet Max went through the 20 property and the property which Is right 4somt to (t'• G 21 platting parcels. DA are a little over two eercs, 21 this to the west, come type of barrier to prevent kids 22 At present Achicvas Oymnas.'es Center Is 21 of whatever from spilling aw onto that properly. 23 looking to purchase the property, relocate to this site, 23 Due to the spare population out late, we 24 and they're hoping to build a 20,000 square foot 24 did not recommend as talking with the applicant a 21 facility, which would need this condition amended. If 2S neighborhood meeting because we did get the MPoases PI.ANNING AND ZONING APRIL 14, 1999 Page 97 • Page 10 18. r t, Condensell"' _ Page 101 Page 1 f 3 I back. The staff, therefore, does recommend approval or 1 worry abcat It until TxD07 gets In there and starts 2 the amended condition two of the Ordinance 9S•116 2 changing things mod? 3 allowing an additional 10,000 square fool of floor area, s MR. REtcst mT; I think the analysts would 4 bringing the total allowed to 35,000 square foot. And 4 be that the eddi„ -W 10,000 square fat wouldn't s we would have the following conditions that lighting, as s Increase signlticandl, hinder that level of wvlcc 6 mentioned before on he prop:rty. And probably for 6 that is the lack thorm, We can get 10,000 so it was 7 discussion we'd like to bring up the possibility of some 1 ° we're doubling it but It's still a minor amount and 1 1 fencing or some type of barrier along that rear property 1 the use In a gymnastics center seemed appropriate and it 9 line. 9 wouldn't be 10 MR. BUCEKe what are we barricring it from? 10 Ma RISHEU I hard you mention something I I NIX. REICHtIART: In the staff report 1 think 1 I about a septic system, 12 you have a copy or the request by the adjacent neighbor. 12 MR. REICHHA1tt: Yet. U MR. ENOELDRECHT: Page 14. 13 MR 11SHEU Ant I'm envisioning certaln 14 MR. REICHHART: It's tot:jh to make out 14 times or the day many people on that 1 presume when you I I exactly what the request Is, but l think it's just to is talk about septic systems, the type and style, aerobic id protect his own personal property from, l think, just 16 or whatever else is at the owner's discretion. And it 11 kids or people bpilling over Into Ni own personal l? that consistent with what we do on other properties in 11 plopcrty. SS our era? 19 Ms, OOUKDIE: Where U his property? 19 MR REiciamT: The system would have to be 20 MIL REICHHART; It's INS property. Itlglst 20 designed to accommodate whatever the maximum capacity 21 there is the property, so we have just it small sentlon 2I would be at whatever time depending on the water closets 12 on the rear that would require a barrier. It P.ould be 22 and the showers. I don't know if there are shower 23 vegetative dint would prohibit, hinder people from going 23 facilities or anything like that on th ' that 24 In possibly. 24 would be taken into account, i Is MR. ENOELORECf1T: Other questions? Mr. 23 A little sketch plan that was a n„r..ted, Page 102 Pagel 041 J I Powell. I this site over here 6 Carpet Max, the area back boa Is 2 MR POWELU Mr, Reichhart, how would this 2 proposed a the septic area. As far as capacity, I 3 affect the carpet place text door if they would wan' to 3 don't think that's bean designed yet. I don't know if 4 expand? 4 that answer your question or not. If they can't get s MR REackinAKh They would have to come bock S sanitary sewer to the site, l mean, the other option f 5 and get a if the applicant here did build to the 6 would be, ya, know, a septic system. T total 70,000 square fort, any future expansion would T Ma. RisHEU ROL I have to come back to get the condition amended again. 1 MR. LNc mitEcai: Did you have another 9 MR. mr.LL But it doesn't eliminate it, 9 queWot, Mr. Wshel? ` 10 It only means they have to come back and ask for it? to Ya RISHEta ) o. It MR REICHHART: Right. 11 MR. ENOELSRP.CIIT: Any other question,? Mr. 12 MR POWELU Thank you, 12 Moreno, 1) MR. ENOELDRECHT: Ms. Gowdic. 1) MR mow*. Yea. I think in opeaking to 14 NIS.OOURDIE: To access the site we have to 14 Ms. Oeurdie's concerns, I think what 1 heard Mr. Satmon 'I IS take Lillian Miller and loop 215, is that the exit, to is any some weeks ago is that Me on-ramp south of Lillian 16 reach the frontage road? Which exit is It that you get 16 Miller at some polet will become rn of tramp and that 11 on the frontage road off of7 Is it Lillian Miller? 17 might help the oltuadon a little bit. Is that right, Is MR ENOELDRECHTi Yet. Is Mr. Salmon? " 19 Ms. owitwn And so I'm sorry, it kind 19 MR SALMON: Yes. For your Information, the t A' ` r 20 of went over my head when you were giving out numbers 10 ramp that currerutly exits right there at l Winn Miller, 21 since there really Isn't a number to give, but being 11 on the north side of Lillian Miller, is going to become 12 that that Intersection is already at a D level, service 22 an entrance ramp and then you'll have an exit ramp south 2) level, and now we're impacting it because we have to 2) of Lillian Miller, So you'll be taking a tut of that 24 reach the frontage road to acceas these properties, is 24 traffic out or the Intersection. 25 this not a consideration or we're just not going to 25 The other thinf that's pertinent, I guess, PLMNING AND ZONING APRIL 14, 1999 Psge 101 • Page Ice 19. i Condenselt"' Page 105 Page 10? I would be the fact that there Is soma money in the I Thank you. We might get a clarification on that, 2 County, recently passed County bond election, for this 2 MR. REiCHHART: it was xindition over fivt 3 exact project. The ramp reversal that we've talked 3 of the original rezoning that cerrtgsted or any other 4 about before, 4 metal exterior shall net be allowe I on any building 3 MR FwmakECtrr: so that should hopefully s elevation visible from 1.35. 6 speed the TxooT process. a MR, ENOELBRF.M: Okay, Thank you. Yea, 7 MR. SALMON: That's correct 7 Mr. Powell, did you have a question? g MR. FNOELBRMiT: But it doesn't pay for it ► MR. PowELL: Mr, Reichhart, you said they 9 all. 'r were going to move here from somewhere locally? 10 MR. SALMON: I don't think it pays for It 10 MR. REICHA&%T: Yea. i i all but it should certainly speed It up. I l MR, POWELtr where would that be, do you 12 MR. ENGELBRECHT: Okay, Any other questions 12 know? 13 at this time? Okay. Thank you, Mr, Reichhart Oh, I3 MR. kE]CHHART: I'm not familiar. 14 ycs,1 havo one. 1 asked eulier with the other site 14 MS. oOURDIE: They're between Fort Worth is along 35, was there any discussion with the applicant IS Drive and Teasley next to the Outback. t6 nbout the facade materiels for this facility? 16 MR, POWELL: Thank you. 17 MR. REICHHART: At this time there hasn't 17 MR. REICHHART: I did have a conversation is been any discussion regarding that 1 don't think 11 with the applicant yesterday and they were Intending to 19 they've designed their building, quite horady. And 19 be here. I'm not going to make excuses but they did 20 after we did talk, this Is a photograph of the Carpet 20 have all Intentions to be here, 2 t Max. It Is all brick on the front and both sides. The 21 MIL ENOELBRECHT: well, yeah. I understand. 22 rear then is a metal facade which is out of view of 11 MR, RmHEL: We're probably just moving 23 anything, 23 along faster than they anticipated. 24 M.R. ENOELBRwIT: Okay, Thank you. Is the 14 MR. ENOE'.BREm Right Is there anyone 25 petitioner or pe!itio_ner's representative present? If 25 present who would Iike to speak in favor of this Pop 106 Page 108 I you would please give us your name and address again for I petition? Anyone present to speak in favor cr the 2 the record, 2 petition? In that case, is there anyone present to 3 Ma.11MIN: Okay. My name is Crdg Irwin. 3 Speak In opposition to the petition? Anyone present to 4 We office at 523 South Carroll. Actually, I'm not 4 Speak in opposition to the petition? In that case, s representing the petitioner but I am representing the s we'll seeing no opposition, we'll waive the rebuital, 6 seller who Is Carpet Max and owns the two-acre tract 6 Public hearing to closed, Mr. Retchhart, any final 7 next to him. I would just point out he's very excited 7 staff remarks? S about this type of use going in as to other options that s Ntx mic"HOT, No fit,al comments. 9 could ge in on the property. And addressing the 9 Ma. ENOELBRECtm Commissioners, any 10 traffic, I think one thing that will help that Is when 10 questions for Stan Yes, Ms. oourdie. I I Wind River u ri out o n the otherside of it, that will 11 Ms. oaarim Iust so all the conditions 12 also allow people another access as opposed to going 0 that were placed on this property do fall over Into this 13 around back the ough Lillian Millar. 13 property, Is that correct? 14 And the zoning, I believe, of the property 14 MR DONAtDsom we're simply amending the 15 and Muk would know tttls, but 3 think addresses the a one condition that referred to the Square footage. 16 facade of the building. t think they have to and are 16 Ms. omRDuL. As long as we don't lose any, 17 agreeing to use brick on the ° I think it's worded 11 MR ENOELBRECHT; All right. Any other I s well, l dm't know if it says throe sides or if it says to questions, discussion, comments, a motion? r 19 any aides that arc visible from 1.35. Dut 1 think that 19 MR IUSHEta A motion. A . , t 20 amounts to three sides If you can we It from $5. And 20 MR ENOEtBRMM Yes, sir, 21 So it % kill be a brick building and without utilities it M0. MHEL+ t move to recommend approvnl of 22 being on the highway, there arc a lot of other uses tbA 22 2.99.019 with the conditions as outlined by staff. 23 could come In there and, like I Say, the Seller Is 23 Ms. ooltR a second. 24 excited about this use. 24 /r1 tNOELBRECHT: It's boo caved and ZS MIL ENOELBRECHT, "lions fa Mr. Irwin? Is secon" •.u recommend approval. Any discussion on the PLANNING AND ZONING AP)UL 14,1999 Page 103 • Page H 20. 1 c Condenself err _ Per 109 Page III I mot100 I extraterritorial Jurisdictlon, and the red Is the 2 MA REICHHARTr rte only discussion I hove 2 Jurisdiction of other municipalities. Of particular 1 1 is regarding that buffer. We made mention to it but we 7 Interest, the annexation tracts thnt are being 4 didn't pin that down. 4 considered obut the Town of Northlake and the City of S MI. RISHEu thank you. Yes, 1'd like to S Argyle, This Is 1.35 running up hero, This Is I-SSW, 6 add that s,t pan of my motion that a buffer Brea be 6 I'm sorry. This is 1.35E end No is the ju..- n. And 7 provided which could be fencing or landscape w 7 running on the east side c' Tract 3 Is u3177 or. bet It vegetation betwecn the southern rear portion or the It Worth Drive, just to give you some orientation. 9 mull-aided lot. 9 The backup Is rather lengthy and hopefully 10 MR ENGELBRE 17: Betwren the subject to you had a theca to take a look at It I do not want to I I property and Mr. 77rome3's property, would that do it? l I tell you verbatim exactly what It says in the backup. 1 12 MR REED, or abutting a residential I2 think the point or this is that the Planning and Zoning 13 district. I I Commission by City charley needs to make 14 MR. ENaELsuxw: c6. is that a residential? 14 recommendation to the City Council as the City Council IS Okay, is that agricultural or residential? is begins to prepare to initiate formal annexation 16 MR. Art it's both And the wring 16 proceedings by ordinance for these parcels. Their 17 ordinance considers AS residential. 17 combined ocreags Is ),102 acres, approximately. Is MIL ENOFLDRECHT% Okay. So you're referring is Tract 1 is what we tail the portion of the 19 to the residential area that abuts this site? 19 Robson tract where a resort active senior community or 20 MR. Iustift, on the southern end, )aa, W. 20 master planned community Is being considered, There is 21 Ms.llOflR~IE~ second. It there a 1,000 foot wide corridor that extends from City 22 MR ENG"RECHT; You understand, that 22 limits that crosses the Ilillwood pea Ay. I4fut the 2) amendment? Any discussion on the motion? All in favor 23 same as Tract 1, Is vacant and has no Inhabitants. The 24 raise your right hand. Motion candy unanimowly. 24 pwpoa:a or crossing the Hillwood site is to maintain 2s ladies and gentlemen, we're goin0 to take ten minuta 29 continuity to Tract 1 for the purposes or annexing Prge 110 Page 112 1 1 know some of you have been l-rr a long time. Thank I Robson. 2 you, Mr. Powell. We will be back In ten minutes. 2 And then Tract 3 Is what we refer to as being 3 (Brook taken) I primarily the liuffines property and there are some other 4 MR, M.&LBRECHTr We'll reconvene the 4 agricultural and ranch properties, l believe, and some S meeting at this time. All right. Ladies and gentlemen, S homestead properties In the northern part of Tract 3. 6 we'll reconvene the Planning and Zoning Commission 6 In the service plan I believe we Indicted that there 7 nnating at this time and continue with our public 7 arc approximately 23 Inhabitants in Tract S. R hearings. This is tlrc lajt one for the evening, I've I The reason for the annexation is somewhat 9 lost 14 No. 12 Is to hold a public hearing and v complicated. The feet that we have a Certificate or ` to consider snaking a rccomnxndation to the City Council 10 conven love and necessity or ccN that roughly coincides I1 ecgarding the Involuntary annexation and service plan I I with our extraterritorial JurWiedon It a hioense from 12 for 3,101 acres or land located in the southwestern 12 th.r Stale, that obligates the City to pi ovide water and 13 section of the City of Denson extraterritorial I) waste ware services when requested. If we deny 14 jw isdiction. Good evening, air, 14 requests for water or waste water service, the State can I S MR. tut L: Good evening, sly, and good 15 decertify the City and allow oil& entities to corm in 16 evening to the rest of the Commissioners. Before you it and provide service. 17 tonight is f think probably the first time, I know It Is 17 What has happened in Tract 31% unbeknownst is since I've been here and that's about two y, ors, for the is to us as much as only three months ago, a water d'Mcl ! 19 first tints the City of Donlon is considering an to annexed a portion of Argyle and a portion of the City of A 20 involuntary annexation. The parcels are divided Into 20 Denton which is located along, In the City W U along I t ~ /r ~ t 21 three tracts. There's Tract I and you can Pro on the it 1.35W and along u!ut7 and a good portion of the City's 22 eocumerrt ctinera, Tract 1 1ct me orient you a little 22 t7i In Trod 3. The City has filed suit against the i' 23 b it to the m tp, You have a black and white version in 2) water district and we have come to a somewhat surpristng 24 your backup. The green area up here is the City of 24 conclusion that Erg authority and m exclusive rights 25 Donlon. The yellow Is the Cityof Denton 23 to provide service ere not necessarily enough to by to PLANNING AND ZONING APRIL Ho 1999 Page, 109 -page 112 Z1. 0 U 1 M M4'10l'a 0++/+d'Mt~.R1M11 Y 1 ( ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AMENDMENT OF CONDITION TWO (2) OF ORDINANCE NO, 95.116 (EXHIBIT A, ATTACHED HERETO) ALLOWING THE TOTAL FLOOR AREA FOR ALL BUILDING(S) CONSTRUCTED ON THE A.2721 ACRES SHALL NOT EXCEED 35,000 SQUARE FEET; LOCATED ON' THE SOUTH SIDE OF 1.35E; APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER; AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99.019). WHEREAS, Frank M. Kudlac, on behalf of Roger Frederick, has applied for an amendment of condition 2 of Ordinance No. 95.116 (Exhibit A) to allow for a total floor area for all building(s) constructed on the 4.2721 acres to not exceed 35,000 square feet; and WHEREAS, on April 14,1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council rinds that the amendment will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: =LQ . That the condition 2 of Ordinance No. 93.116 (Exhibit A) is amended to allow an Increase of 10,000 square feet to read as follows: , 1 That the total floor area for all' .Jding(s) constructed on the 4.2721 acres site shall not exceed 35,000 square feet and lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward, to prevent the diffusion Into the night sky. SECTION 11. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate And distinct offense. SECTION III. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 95.116 but all provisions of Ordinance No. 95.1 t6, as A, t; they apply to the remaining portion of the zoning district land use regulations not herein t )r amended shall continue in full force and effect. a' 1 r u V1,N~lOL'Ov b,~,rd~rwN~MI,M Te SECTION IV. That a copy of this ordinance will be attached to Ordinance No. 95-116 showing the amendments he,rin approved. SECTION V. now :his ordinance stuall become effective fourteen (I4) do)% 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•Chronicte, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its pusage, PASSED AND APPROVED this the day of _,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYE APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY G BY: Page 2 of 2 u , EXHIBIT A ORDINANCE NO. 7 J~'~~~e AN ORDINANCE OF THE CITY OF DENTONO TFXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-3580 APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTERO AND MORE PARTICULARLY DESCRIBED IN EXHIBIT It ATTACKED HERETO AND INCORPORATED BY REFERENCE HEREIN! PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF! AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rob Raynar, on behalf of Paul Lockhart (owner of the Property), has applied for a change in zoning for 4.2721 acres of land from the Agricultural (A) zoning district classification to the Light Industrial Conditioned (LI(C)) zoning district classifI cation; and WHEREAS, on April 26, 19951 the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council f. do that the change in zoning will be in compliance with t6 Denten Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION' I. That the zoning district classification and use designation of the 4.2721 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district elassifiaation and use designation to the Light Industrial Conditioned iji M) zoning district classification and use designation under the comprehensive zoning ordinanca of the City of Denton, Texas, with the following conditions: 1. Permitted uses are restricted to the uses described in Exhibit 2, attached hereto a;,d incorporated by reference herein. 2. The total floor area for all building(s) constructed on the 4.2721 acres shall not exceed 25,000 square feet. 3. No "off premise" signs (as definei by Section 33.2 of the C)da of Ordinances of the city of Denton, er its succes- sor) will be permitted. 4. All loading dock and dumpster areas shall be screened fr,)m the view of I-35E by solid, opaque, scraens lfdncea, walla, or vegetation), reaching a height of at lest six feet above grade. if vegetation is chosen, the owner of 24. ~ v c o. the property shall maintain such that it remains opaque throughout each year. 5. That corrugated, or any other metal exterior, shall not be allowed on any building elevation visible from I-35E. 6. The owner of the property shall maintain all trees larger than two (2) inches in diameter, where any portion of their trunks are located within 25 feet of any property line, and this duty shall attach to the zoning. SECTION It. That the City's official zoning map is 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 $2,000.00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION M That this ordinance shall become effective fourteen (14) days from the date of its pasoage, and the City Secretary is hereby directed to cause the caption of thin ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the Seday of , 1995. 1 08 CASTLES RAY, MA A i ATTESTt JENNIFER WALTERS, CITY SECRETARY BY J~ ,f' 0 d ..14 r 24. I 1 e APPROVED AS TO LICUL AORMi HERBERT L. PROUTY* CITY ATTORNEY J 26. 1 i 1 I 1 NUMRR N78{ 8 DNA Walilff Tl& THE D. LAMSURVEY A~BSTRACTT ORRR~A~E~~Y(C~1LLRxx C .pp uu6D! ORN N UYaa~'R~~ a pc; 0) ARM NOVE146j R6T 72T0 E 0 aa NC 0 5~i CL60~p D E ORI OF FpORNMq~N COUNY, TIt' 11N~ BtI HORt P111 TICV ARLY Dt CAISED AS !'OLLOti B . BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 6.393 ACRE TRACT) LIRBC OF OSAID, 6 39G EACRS6TRACUT EAN02 I~LONODAND SNE~16 A P6NCOt 7A DISTANCE OF 458.54 FEET TO A FENCE CORNER POST FOR CORNER) pp p 66 ~A TT QQ~~ NORT 80UTHWISITANCS OP 6 0.331 FEETES~~0 1124 161 PINNTO tO~O R~LR t~N_ TN¢ PEENNCEgg~2►►„0~ 3g pa 6E N gg 66C0kD8 A R u~t pA ES1N47 !!6T TO 11NaR86j5fII01U1TTHLO sQUTIINiSTSOI11~~TT-C bF INTERSTATE TpHIGHWAY MOP 5;p4 xtN e~TpI gA p MfffY RIO'RT Ot-BlgRA IIIST IA oR IX438TSEl°1o 11NSIRON PI~!'~R COR E 6 aa ee TT f O IIC~EE 1T►TO IldIPO NT 0l CGINNIDNG AN CONTAINING 4.~72ACRIS Y y Jib 27. 1 I F I CASE 417445 006 PERMITTED USES I ' Primisa Raddentid Uatl Dormitory, Boarding or Rooming House Hotel or Motel Educattona). Institutional k Srteeial Uses Art Gallery or Museum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Palrground or Exhibition Ara Group Homes Home for Cue of Alcoholic, Narcotic or Psychiatrie Patients Hospital (General Acute Care) Hospital (Chronic Cara) Institutions of Religious or Philanthropic Nature Public Library Monetary or Convent Nursing Home or Residence Home for Aged Park Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominstional School, Suitt" or Trade Utility. Acc=rv gc Incidental rig Accessory Building Community Center (Private) Electrical Genttsi ng Plant j Electrical Substation Electrical TewmWon Line 1 Temporary Field or Construction Office (Sublta to approval red wwal by de IMI&S lespictar) Fire Station or Similar Public Safety Building Gas Trammisstoq Line and Metering Station Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station A' r r , ; c. ..r Iglu f 2g. a c. Anwe ums mwwiW (ow) cavoy (aub (Mvom) wm golf Calm +p Public Golf Comas cawner w Golf Course Public Park or Playground Public Playfield or Stadium Roller or ice Skating Rink Swint of Tennis Club I Theater, Other tbsn Drive-in Type Trinsnortallon Related Um Bus Sutton or Terminal Hauling or Storage Company Motor Freight Terminal Automobile Str-fice UM Auto Laundry Gasoline Service Sutton (Interpreted as gas sution/conveNertce store) Andque Shop $ttell ind Service rya j= Bakery of Confectionery Shop (Reuil) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework of Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft Shop Household Appliance Service and Repair Laundry Of Cleaning Self Service Mimeograph, Suaiorary or Letter Shop. Mortuary Of Punenl Parlor Offices, Professional and Administrative Off Remise Sale of Beer amdior Wine On Pre be" Sale of am and/or wine Licensed Private Club Resuurant Retail Stores and Shop34,000 square feet of leas Reuil Stores and Shops-aver 4,000 square NO Studio for Photognpher, Musician, Artist or Health Greenhouse cr Plsnt Nurser) &ticultural Tvne Use ~ Z9. ~r I ' r f ATTACHMENT 4 i 7~~ 1~1 I ~„7 S 1 1 k w 30. C~ c: ~A r~ 1 ~ ~~a." I ~ ' pi h i,t::tr w t , P t' L'r k,ah~.r~ s *y ~pi~:: qa. i r,jA'~° L , k ' °r9 N ~~;.~a ice'+, r„4 77777"~~~rr''.. ~4Yi jj . ~ ~ I ~ y2~ ati, } j.2H~~f,'(,. ~ ~ ICI "LIF .ry I y, .l.~i.~. 1 t ~a i 11. - 1 FAE m ALMMMALM i 3 f i f r r~J ~ '4 its pp ;Y. i i 3 32. 0 U AGENDA INFORMATION SHEET A111040 C" - 020 II AGENDA DATEt May 18, 1999 DEPARTMENT: Planning Department CMlnCM/ACM: Rick Svehla, 349.7715 SUBJECT - TopoftheHillSubdivision (4-83) Hold a public hearing regarding the proposed voluntary annexation of 65,174 acres located south of Nowlin Road on the east side of FM 2181 (Teasley Ln.) generally opposite Hickory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas. BACKGROUND The petitioner requests the property be annexed and zoned with permanent land use classifications of 31,65 acres Single-Family 7 (SF-7), 24.24 acres Muld-Family (MF2) and 9:28 acres Commercial (C) zoning districts. (see Attachment 2) SUGGESTED RECOMMENDATION The Growth Management Plan Indicates that this area should be developed as low density residential. Since this properly is outside of the city limits, annOUtion Is the Iegical step to ensure that this in fact occurs. It will provide the City of Denton the authority to regulate land use based upon a zoning classification. Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request for annexation and zoning by approving the attached annexation public hearing schedule (see Attachment 4). Approval of this ichedule will allow staff to proceed with the for al annexation review process. 1 PRIOR ACTION/REVIEW (Council, Boards. CoMmisalunsl May 11, 1999 - City Council I". public hearing. EISCAL INFORMATION None at this time. 4~r~ G i ATTACHMF,NTr4 I. Vicinity Map, 2, Proposed Zoning. I Preliminary Annexation Assessment. 4. Proposed Annexation Schedule. 5. Petition for Annexation. Re tfully submitt ill Director of Planning and Development Prepared by; Larry Re c art Development Review Manager I 4 t Ir 1; 0 U ATTACHMENT 1 NORTH A-83 (TOP OF THE HILL ADDITION) a SITE R UmX R r ~y N 1 u MOMJR#A UNa MULTI-FAMILY aWMG rnomw 24,24 ACRES _ _ tsairmmr tn~res ~ I t tacx mt CRM m A ~ COMMERCIAL l 9,28 ACRES RESIDENTIAL ; 31.65 ACRES PINNELL G ASSOCIAUS F TOP OF THE HILL SUBDIVISION I i t I ArrACH.MEMT 3 PRELIMINARY ANNEXATION ASSESSMENT (A-83) Top of the Hilt Subdivision Owner Information: Pinnell /Ford, Inc. Rt. 13, Sox 135 Denton, TX 76205 Location and Size: On the south side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road. Existing Land Use: Undeveloped Surrounding Land Use: West: Undeveloped East: Oakmont Community (PD I 11) North: Undeveloped South: Undeveloped Proposed Development: The petitio.:er Is proposing 3 zoning classification for the subject property. The northern 24.24 acres would be zoned Multi-Family (MF2) with a proposed density of 17 units per acre for a total density of approximately 412 units. The southern ? 1.65 acres is proposed as Single-Family 7 (SF7). A density of 4units per acre and a minimum lot size of 8,000 square feet are proposed yielding approximately 126 lots, 9.28 acres fronting Teasley Lane Is proposed as a Commercial (C) zoning district At 30% lot coverage, 121,000 sugar feet of commercial development could be con%tructed, Analysls: ' 0 The subject property is adjacent to the existing city limits, running along Teasley Lane. ` South Denton has been experiencing a great dal growth especially along the Teasley Lane (F,M. 2181) corridor; this proposed subdivision Is an extension of that trend. V Annexation (along with the corresponding zoning request) will ensure that the city controls the zoning and development of this property. 0 The development as proposed will require public improvements. The following is a preliminary list of those improvements which may be triggered by the platting process: 1. Right-of-way dedication along Teasley Lane and Nowlin. 2. Right and left turn lanes on Teasley Lane into the subdivision. 3. Participation in a traffic signal at Ryan Road and Teasley Lane. 4. Construction of internal streets. r S. Construction of sidewalks along all public streets. 6. Extension of public utilities to service the development 7. Possible upsizing of existing Granada liR station and sewer lines 8. Installation of fire hydrants. 9. Dedication of public utility easements. to. Dedication of the flood plain area as it drainage euement. frtl'AMMAlfMM0140C S. ATTACHMENT 4 ANNEXATION SCHEME: TOP OF THE HILL SUBDIVISION (A•83) Thursday, April 2911' Notice published In Denton Reoord-Chronicle for first City Council public hearing. Tuesday, May 11Q5 City Council conducts first public hearing. • Public notice must be no less than 10 days end no more than 20 days before public hearing. a Annexatlon Study prepared and available for public review. a Service Flan prepared and available for public review. Sunday. May 2nd Notice published in Denton Reoord-Chronicte for Planning and Zoning Commission public hearing. Wednesday. May 12a' Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. Public notice must be no less than 10 days before public hearing. Saturday, May 81^ Notice published In Denton Record-Chronicle for second City Council public hearing. Tuesday. May 181h '0 Council conducts second public hearing. Public notice must be no less then 10 days and no more than 20 days before public hearing. Tuesday, June 161' City Council by a four-fifths vote Institutes annoxation proceedings. First reading of annexation ordinaW& • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Saturday, June 19"' Publication of annexation ordinance in Denton Rooord-Chronicle. Tuesday, July 20"' City Council by a four-fifths hs vote takes final 9,.Alon, Sawn¢ reading and adoollon of the annexation ordinance. Cfly Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and loss than go days after council institute's annexation proceedings. f )r~ 6, c ATTACHMENT 5 petitION AWIL. Y TO TNI F MNINO AND tONINO 60MKUltott No CITI co"CiL 01 TAI cl" of IINTON, Tom The wnderItgned does hue01 petilian for U'Alutlon of 65,174 acres 16046%44 at 1 Hickory n the ~Rtraterrttottel'~utU4lalion of the city of antoa, 2et416 The ptmperty is -66T4 pattioutatly 4404rited In the attached survey deootlpttoa and shown on the attubsd. aap. The undersigned ►leo eertitiel Wt the totlovieg requltsd lntatautlon conaerntng the land end Its Lnhatilante is totoon►oly Somata and assumes respenstLllltr tat completion of said thedr ation petov to sohoduled action on the request Ly the City of Dsnton. 1. is petition Leing tnitlate4 !y owner(s) or majority of raalotered voters in atea of tequostt tee _ X Ha It to, what to the statue of the ►ppliaantt 1, Nov ,any dwatltM uattt are 10a►te1 Within the ►toa requested tot ar'Allationt none 1. Nav many Yw Lmoos or nohroaldehttei lend weal ato toasted within the sroo of the requostt none pleato ptovLdo a general deeorlption of these tand uses lnoluding tho new(s) of lutlnu u1, it knew 1. Does atu at sequel Lholude any territory within the city limits or Won. alr►- tertitariat jutlsdl6tton of "*%hor alty? Yes No I. Ietlm►ted population of the area of tegwN , zero Adults Chtideea _ Nunler of tegislsr44 voters? d. At the tim of this pelittoA, hays any other eatuitloa procedure$ Leon Initiated far all et any put of the area regvosted Is this pottliont Too No - x It yell pleala •$plate the prooedufel segue and their etstus. 7. tow a water supply dtstttat tie vithis the tau Morlel at the area proposes for annoeatian? Yet 1. Nhal tenity, It any, other than~ yyrteultural (A) to !sing requutod Unlit lepar►t♦ foliliont - N*fiG~ a,I StE W X j311%4r NOV sash Of tettitoty propou4 of annszallon is IAaluded In toning petition? ,rail . i v /At rr 7, t; I - u 1 Potllioo Sot Mneratioa P344 Two 4 g, e t p t ot ►nn ilon l~or develo on f ~'~o~erg~ r~~$~~n the ~~.~y o~ sa on ur o a on. 16. planned land use lit oonltu beh~ to4ueeNd)i. propeaod Unit Cif~~otP L lot►1 foe Aoca M4101 pspeaaa A retie t%UI foetal or 7, 31,8 & / unito/sc•1000 S. tindlo t►attly iftechod h. st"Is (►mily ►ttaohe6 (IOYn4ou1o/, ►luetafs eta.) o. Att►ehed p►Iteltatdousero let lino - d, Dupler 3¢:ri 9 tin ac o. tSulti-family , Bet{Mothaod IItYlCe h. Cenoe►1 tiotall .,~.t--~-•a^. js-^-'~- udht indultti►1 h. Moa , tnluoirlal ft►poted u14(1) it tp/oltlo We pemtt of pt►nnod dovolapant (PD) heltp NyuHled. 1l. IlaYl petltlon+eie) faailluteed thom/elva Ytth the ef(lolal anhokaeSe~ policy, fond ate poll/Ut, and the standatd wf-tetpal ootvloo plan of the City of Dentoaf Too Telephoto Lunt tpl-* L M►mo I CYnerto) Pi ltfn►lueetl) * 000 , Wrol/(11) It potittonor to ►ot the oYn41 of tho pfoportyi SOW - - ISaI Md•phoae Io 9t~'sL3/-dot M.m+(1 bt{natatocal At o - AddtflfllU~Z~ r- meld Motel ► d t,oast101. )SIP tar dteo proposed for ►MO►►tion must to 1 i o40 fitted aloof vtth oompU Ud position bitare proaetl /olino. ~ 8. DESCRIPTION OF PROPERTY SURVEYED ALL THAT CERTAIN TRACT OR PARCEL Of LAND LYING AND BEING SITUATED IN THE BERRY MERCHANT SURVEY, ABSTRACT No', 800, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT"`OF LAND OESCRIDED IN A DEED FROM MAGGIE K. TEAGUE TO MAG LEE LIVING TRUST, FILED OCTOBER 12, 1993. RECORDED IN COUNTY CLERK'S FILE No, 93-RO072122, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET 1/2 INCH IRON ROD AT A CORNER POST AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JOHNNY L. JESTER el ux, RECORDED IN COUNTY CLERK'S FILE No. 93-R0072123, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, ON THE EAST RIGHT- OF-WAY OF F.M. ROAD 2181; THENCE SOUTH 84 DEGREES 37 MINUTES 55 SECONDS EAST, WITH THE SOUTH LINE OF SAID JESTER TRACT, A DISTANCE OF 680.71 FEET TO A SET 1 J2 INCH IRON ROD- AT A FENCE CORNER POST, AT THE SOUTHEAST CORNER OF SAID JESTER TRACT; THENCE NORTH 04 DEGREES 24 MINUTES 56 SECONDS EAST, WITH THE EAST LINE OF SAID JESTER TRACT, PASSING AT $85.51 FEET THE NORTHEAST CORNER OF SAID JEST//ER TRACT, CONTINUING A TOTAL DISTANCE OF 599.24 LMNG 70 A TRUST INCH IRON ROO, THE SOUTH LINE OFNA°TRACTNOFOFLAND DESCRIBED IN A DEED TO MEL WHEELER et ux RECORDED IN VOLUME 973. PACE 270, DEED RECORDS, DENTON COUNTY, TEXAS, IN THE MIDDLE OF NOWLIN ROAD; THENCE ' SOUT4 89 DEGREES 45 MINUTES 43 SECONDS EAST. WITH THE NORTH LINE OF SAID MAG LEE LIVING TRUST TRACT, AND THE SOUTH LINE OF SAID.WHEELER TRACT, A DISTANCE OF 1738,69 FEET TO A , SET 1/1 INCH TRUST TRACT, AT THE SOUTHEAST CORNERROF, AOTRACT DOFMLAND LDESCR BED IN A DEED TO MEL WHEELER et ux, RECORDED IN VOLUME 1054. PAGE 17. DEED RECORDS, DENTON COUNTY, TEXAS; ' THENCE SOUTH 01 DECREES 12 MINUTES 57 SECONDS EAST, WITH THE EAST I LINE OF SAID MAG LEE LIVING TRUST TRACT, A DISTANCE OF 1308.40 i FEET TO A SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, At' THE it SOUTHEAST CORNER OF SAID MAO IEE, LMNG TRUST TRACT. AT THE 1 NORTHEAST CORNER OF A TRACT OF D DESCRIBED IN A DEED TO HERSCHEL V, FORESTER, TRUSTEE, RECORDED IN VOLUME 605, PAGE 621, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 89 DEGREES 47 MINUTES 20 SECONDS' WEST, WITH THE SOJTH LINE OF SAID MAO LEE, LIVING TRUST TRACT, AND THE NORTH LINE OF SAID LONG TRACT, A DISTANCE OF 2481,56 FEET 10 A SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, ON THE EAST RIGHT-OF-WAY OF F.M. ROAD 2181; , THENCE NORTH 00 DECREES 38 MINUTES 58 SECONDS WEST, NIT THE EAST RICHT-OF-WAY OF F.M. ROAD 2181, A DISTANCE OF 772,45 FEET TO THE POINT OF BEGINNING AND CONTAININO IN ALL 65.1741 ACRES OF LAND. 9. r AGENDA INFORMATION SHEET 0" Dal AW* %m i AGENDA DATE: May 18, 1999 DEPARTMENTi Plannino Department CMIDCM/ACM: Rick Svehla, 349-7715 SUBJECT-Z•99-018 (Old Denton Troll) Hold a public hearing to consider rezoning 2.093 acres from an Agricultural (A) zoning district to a General Retail with conditions (GR[c]) zoning district. The property is legally described as 2.093 acres in the Gideon Walker Survey (Abstract A-1330) and is located on the north side of Interstate Highway 3$ East Service Road, approximately 500 feet south of Pockrus Page Road. The proposed zoning will allow retail development. The Planning and Zoning Commission recommended approval with conditions (6-0). BACKGROUND The applicant has requested to rezone this property to allow for Nture retail development. The property is currently undeveloped, D The subject property is located In an Agricultural (A) zoning district created in 1969 with the City of Denton's first zoning ordinance. D The proposed development Is consistent with most of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment I - Comprehenslve Plan Analysis section). D Six (6) property owners were nolifted of the zoning request by certified mail and thirteen (13) courtesy notices were malled, One (1) response hay been received in favor of the request. No other responses have been received PRIG ACTIONIREVIEW_ Slarch 31,1999-Zoning application filed. April 14,1999-The Planning and Zoning Commission recommended approval with Conditions (6.0). ESTIMATED PROJECT SCHFOUL If approved, this will be the final action for this zoning case, Prior to development, the properly must have a final plat approved. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the respons)VIlly of the city. i. c I , t I P&Z SUGGE. T .D RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this zoning request wth the following conditions: 1. Lighting on the property sba?l be designed and maintained so as r.ot to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent she diffusion into the night sky. 2. Limit lot coverage to twenty-five (25°/.) in order to mitigate traffic Impacts to the area. 3. A masonry front facade excluding windows and doors. OPTIONS 1. Approve && submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 3. Table item. 'l ATTACHMENTS 1. Planning and Zoning Commiasion Report, Apri 114, 1999. Z-99.01 S. 2. Planning and Zoning Commission minutes from April 14,1999. 3. Draft Ordinance. 4. Photographs. Respectfully a I pet -Hill 1 Director o" Planning and Development , Prepared b r ~I i issc PlannerI . 2. i c ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT I STAFF REPORT Sublect: Old Denton Trail Case umber: Z-99-018 DUtf: Kathryn Nilsson, Planner I Agenda Date: April 14, 1999 Hold a public hearing and consider making a recommendation to the City Council oonceming the 1 rezoning of 2,093 acres from an Agricultural (A) zoning district to a General Retail (GR) zoning district. The proposal Is to to allow for retail developmen', "r L cowAR Will a. .e w4Q, All, o~ err ~r y1 y LOCATION MAP Locationt The north side of Interstate Highway 35 East Service Road, approximately 600 feet south of Pockrus Pago Road. Sire: 2.093 acres riienanx L . aaa~raa~ar r~ G U 1 t M FApp11csnt:Wi1ll9m E. Mott Owners: A. E. Wyatt Mott Properties 2731 Robinwood 8038 Abromshire Ave. Denton, Texas 782011 Dallas, Texas 76231 Charles Holbert 1000 Dallas Drive Denton, Texas 73205 Section 35-7 of the Code of Ordinances outlines the rules of procedures for amendments to e zoning boundary or district. In general, any person having proprietary Interest In any property may petition city council for a change or amendment to the provisions of the Zoning Ordl,nanoe, or the Planning and Zoniny Commis slon may on he own motion or on request from the City Council institute study and proposal for changes and amendments In the public Interest. • 1 i tit's I F~.'Mnk 4. 1 I ,P 1 I G I U k The 1988 Denton DeveloHntent Plan (DDP) shows this area to be within v Modersta Activity Center, These areas emrhas►ze a diversity of land use developments, They are Intended to place jobs and housing In dose proxlmity to one another. Vehicular trip genaratlon due to development within Moderato Activity Center Is restricted to 350 trips per day per acre in order to balance land use wiat road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project. Denton Development Plan Policy Analysts Summary Moderate Activity Center Development Rating vs. Pollcy SWOM POLICY COMMLNTS t saWrrt Iwwevtt Consistent Intent, these area ere Intended to enm rage a dlveri , J land use k dt+ IoVer>ts that paa Jobs and housing x In dose Proximity to ens Inother. Intensity Standard, Moderate Aftivlty Allowed Inbnstly 450 blpe m Centers ahal have a standard vtSdo trip Allocated tnterdty a 713 b 0he Inter" of 350 ttlps per day per pros x a" (V A0. Dlvenlty, land use d wsky Is de0rcd as uses other than the dominant land us+s In the era such as corrmerdah, total, x right k&Wal, end a". tdgh•Densityhousing. Muld•famPy housing is encouraged In them areas, N/A i Induding manufactured housing. Low Density neighborhood Housing Proton. Singledamly ra W*$ shordd be protected by *M SU design control, IndudVng smbNJA buffering, and ::A landwping. Strip Commerclal, The plan encourages centers or tus ness aNvlH whle raging Vp mmterdal devdo pnMt 4 Jar t A { Aknme 5. ~r►a■at i I i I l 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan In evaluating th3 consistency of proposed development with the long range vision for the city. Staff f nds the proposed development to be consistent with th3 policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this protect: Denton Plan f Policy Analysis Summary Development Rating vs. Policy CATEGORY POLICY tncorsstent e CanNstent transportation. Compliments Dentcn't long-Range Thoroughfare Plan. x promotes Access Management Pradkes ' f A optimizes opefaWns for emergency seMCe providers and R other public service providers. promotes we transportation system. Contributes to the Denton 11acs network. Stormwater Drainage. Protects 100-year iloodptaln areas in accordance with x Denton's watershed nanagement plans Confomu to local sWslun regutaborb. Contributes to regional detention fad4lm Provides for natural riparian ermronment Nona rioodptah Upgrodes existing substandard drainage systems as InnM x end redevelopment occur. water and Develops and maintains property and private x Wastewater. Infrostnrcture, creates opportunity for oversimp water and was!ewarN x lines to meet future development demands. Provides reAew of proposed water and wastewater x infrastructure to ensure pubic safety and heath promotes Infill lnprovernents over new nrve extensions It i Electric. Provides underground electric service for new residential x and Mwesidenbal development. Solid Waste. Promote cfAdent aacss to all development for sold x waste service delivery. Parks and Recresuon, hates parks and reneawn fadilues In accordance with the Parks end WeaNn Sosteplc Plan. Enhances parks aM recreation opportunities for residents, Preserves Roodpiain for parks and open space to aid in foodplalr mservauonWads, x Mows co, ning of parks with other public radiities to achieve . erfectSt denvery of public saMces. Reoldenbal , alopment should dedlcete land or fees In lieu of land fa neighborhood parks Ertvlronmenl.IQuality. Proripreeervatlanof naive[ rewces x A r. Integrates ernlronrtxntai protect on w th economic x 1 I growlf and =unnltydevelopment, Fllenanx i err in 'I ii 1998 Denton Plan Policies Analysts (continued) #4 Denton Plan PoNry Analyti:Summary Ot:veioprnent Ratlng vs. Pol{cy Not CATEGORY POLICY ino"oent APAM ie CatWAert Netghborhoods. A *Adna acau to pubtie end mmrwnlty fadWes far resldentw neighborhoods, EnooWapK a Ni •e of land uses tut beneAt residents. x ft" tut prAtim eAsting netyhborhoodt x Promotes bkyda cent pndedMn t+aftk whNn and I ' t>e M nelghbahoods to redKa wdiiaiar trip, Hawing. Pr*Ades a range of houahq tyyef 6A doped to affarMO j econondc and lndV$"l Ifa es. Offers a variety of Angie•famlly tat sore; M(lin g since, and prke ranges. Reserves edatirq housing, Ir"ng affardebk housing. Increases M housing wn*ucttm. Economic Contributes to a strong and d6brsifled WA Iw)" by OlvanMGNon. kweasing e+ndwmert and e>t Wnp N to base, x Oowmnnsr& Encourages Interyowmmental coordml%m to provide oabeffecovs pubac s =14:1 Urban tDaigm Addrasm m7mr i spWrana In I torWahenfke x manner. DNenlAee ardgwt" appearana of bugt IM"*0 nt Neighborhood lnhq development d+aAd be t~rrpabble x WtA a dsii q land uses and Dust qs Prote* and preserves De WI arcNledursi, cultural And x 1 Nstorkai resources Enhances tt4 appeararos Moog entru++csx*TeL _ x , Promotes g e nraton or bras ar4l6 X Public snvotvasnent. RMdes an oppo tunAy for pudk o odes om the x plaming proceas. I { i rf~l>'~ L r i nlename t L c• E 1. Transportation A. Trip generation Table 1, Proposed Land Use Trip Generation Land Use Average Trip GeneraWn Maximum Buhdout Total Dairy Trip Osnuraflon General Retail ~0, 7 It{p ey 1,D00 22,775 of a 027 Note: Proposed Average Trip Generations provided y the Institute c Treneportatlon Engrneen, i0t, The proposed development Is 25% above the allowed capacity Identified In the 1988 Denton Development Plan, however, as this site Is adjacent to Interstate Highway 35, the Impact would be minimal B. Access The properly has access to Interstate Highway 35 Fast Service Road. C. Road Capacity I The 1.35 east frontage road Is designed to carry approximately 5,000 trips per day. At present, the most recent traffic counts for these roads indicate that there Is adequate capacity to handle tho trips generated from the proposed development. D. Pedestrian Linkages Sidewalks along all public streets are required. 2, Utilities j This site has access to existing water and sanitary sewer lines (See Enclosure 2). 3, Drainage and Topography Now development will be required to design and construct a drainage system to city standards, A preilminary drainage study wid be required with the submission of a pteliminary plat. The study must include calculations of the 100-year storm for all dralnage areas on this property and any i area that drains towards this property. The developer must Indicate the method by which the rin- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance, 5. Off•StrootParking t tj \ t; Now development must provide parking according to the regulations of Section 35.301 of the Codo of Ordinances, f Represents 25 % lot coverage). F~lenank 6. I 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Lighting Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. 7 I?1 ~P,E 2TY° HI81 W January 14, 1969 - The subject property was placed In the Agricultural (A) zoning district and land use classification by Ordinance 69.01 which adopted the first zoning ordinance and map for the City of Denton (See Enclosure 3). The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published In the Denton Record-Chronicle on April 4,1999. Six (6) property owners were notified of the request by certified mail on March 31, 1999. Thirteen (13) courtesy notices were mailed on March 31, 1999. Informational signs were placed on the subject property on March 31, 1999. As of this writing, there have been one response received in favor of the request. No other responses have been received (See Enclosure 4). The prospect of a neighborhood meeting was discussed with the applicant. The applicant elected not to hold a neighborhood meeting, The 1988 Denton Development Plan Indicates this property is in a Moderate Activity Center. As provided for by the plan, this development does abut a major thoroughfare and does support 1 mixed-use development, This proposal is also consistent with The Growth Management Strategy as the strategy calls for this area to be commercial type development , with a mix of supporting uses. ' Staff recommends approval of Z-90.018 with the following conditions: , 1. Lighling on the properly shall be designed and maintained so as not to shine on or othenv se disturb, surrounding residential property or to shine and project upward to prevent the dif,'usion into the night sky. 9. U 1 I I I move to recommend approval of 2.99-018 with the conditions as outlined by staff. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend dental. 4. Postpone consideration. C. Table Item. 1. Vicinity Map. 2. Utility Map. 3. Zoning Map. 4. 200-500 Foot Property Owner Notification Map. 6. Photographs. I I M" F Oe\ ` Filename 10. c I ENCLOSURE 1 Z-99-018 (OLD DENTON TRAIL) NORTH SITE HOSPI-AL A#1 # iA' ,ti~ I v .S ^ JAME4 WOOD vY AVfOPARK r OAK loll V ~v ~CRUK VILLAGE - Oka It , VICINITY MAP l Agenda Date: April 14, 1999 Coale: None 11. c i; i ENCLOSURE 2 NORTH Z-99-018 (OLD DENTON TRAIL) SITE 1 Mix MA ENE EXISTING UTILITIES MAP O Hydrants - • Water Lino (W. L.) • • - Sewer Llno (S. L.) ► Elactrlc Lino (E. L.) Agenda Date: April 14,1999 Scale: Nono 12. r ENCLOSURE 3 NORTH Z-~9 Off. TQN TRAIL SITE 77-7-71 U I 1 \ ! 1 A 1 A 1 Q C A A ♦ a V C ` C to A A Fu / / D v C(c) PD-12 f A ZONING MAP Iles, Agenda Date: April 14,'i999 Scale: None 13. C G ENCLOSURE 4 NORTH Z-99-018 (Old Denton Trail) SITE A O EU3 _ 500 FOOT BUFFER 0 ® 200 FOOT AUFFER d ' 0 I P" L4 L IU® a ' 1t 1 orj !11 6 r d m N SITE t<' o 135E 200 - 500 FOOT NOTICE MAP 1 Agenda Dale: April 14,1999 Scale: None 14. ! ZZ-99-018018 Old Denton Trail r ! a' - i .5h 1 •::111 SI N E4 i 5 ~ ca +n i u k 7 Photo 1. Looking Northeast Across Property 1 i i i I Z-99-018 Old Denton Trail A i..' I# ~ s r 1 Nw~ i~.rpV1 r , 4 i j ~{V ~r: ~ ~•~j "j ~s,: ~a \ 3r n ,t .1\+4§ i_~!, I~s~ Jk Y~' lFf{r yr1 r4 7\,(t r~ '1~.(]~ti •rA; i~fj~r r•, I ALI Y r i r~~~ ~~C ti°,~.i t r \.y ~ y~~~ '~i L ~ I ~ #K~ " A ~ ~ ~F,1 h V~lry + ~ ' !Q'•A'l \'yy ' b~~~~,,Art :4 a r r} ~ V~~~r. . \0. Ir VY rt.}r L J rr~, ,.{i r 1`,s , i..-t * 71 •F•F rti ~\Ilj , ~N~AN.t •t 1 ~~..~:A'~ ~1 d1" } ',ry,`~,~e`~Yy'I .n.+^r ~l'+}y,~ryy~p'1 °A.'`' ~hr~r F ~.111QA75Y~{j~!IYr Jryr,~r~t l Y~l ~iM11L r r 'f "s) r J4 x``}K' M~alVr ft'a1• tun'ASw+Y~S'`F`•d4'11r.+/~~jj+.f"'r~r~ryp.11ii`-r'~~¢71sL;rµ °IV: 4 , t~ }7f'~~,~,~r'A~,., 'ri'#;AY Fc^1~~.+,~t ~•.Z~fl1~~ ~r ~ ~~'1 ~ .~lr'.+: ~ S'~ 11~~2--'/'/` ~'lf k,t~ ~ INr'~ q fl sAl I ~'ri ~rAy ~~jV tit 1 i i'1~t~ ~~1 i ~yy ~ ~ r M.,,! r f 1 vY ° s x nA J ~ t l , , M t 9N 4 +Y+,~(~1.'l ~ i }i tSr}r kr~~~`W.y#{['t^I A~~' Y~, t ~'r Ir ~ Y5'X{''► ~ . 4 ' 1`R{ry 7{/Yy l t 3 r1~7 r9'+ r 3 ~IAJq /lI l ~JI r`k ~w~lf~,7. R I p 1`. r~~`j,Sr~tj~jfyAr'{,}r7j••~',t''fr~~~''~yfi .1,~~t~l~,! ~-r Tt.~ ~ fi r r r~ ~ t~'1 I ~~~i i~~ A ~V~•1 ~5~~~ ~~~Djl'~w.1~ ~lE 1, A` . ti. y~tr r Photo 2. Looking Directly East Across Property r. Z-99-018 Old Denton Trail t I _~',.m { j 1 a r ii.,. I ` ~ ' } ~ ~ ~r'' Y ~ rT~~;• i~L.7~J ~~1 . W yy+ ~y~ i h w "tiR A t! ~Y~ 4 \ H .Fry ,x 1 4 4 J i I I~ S rr n Photo 3. Looking Southeast Across Property Toward Oak Creek Village. Z-99-018 Old Denton Trail .y Ky 1~ 4,.~ rr ~ it=~` ~ t4 f~'!~.~~1} }~-S~C~~~~~G'.~~^r0,~ 1'r~". L~l^1,• ~ ~ji 'g1Y r Photo 4. Looking Directly West Froni Property Across Service Road and 35E c t, 1~1 I ATTACHMENT 2 Page 33 ,n I minimum of 3oo fact span. I of L•99-011 with the following condition that Iighting IL i 2 1 donl know what the sire of this 2 on the property shall be designed and maintained so as 3 particular lot Is and also realizing that we have to 3 not to shine on or otherwise disturb surrounding 4 pant all lots have to be granted sonic ran of 4 residential property or to shine and project upward to 5 access. W'e're going to have to WcA with them to make s prevent the diffusion into the night sky. 6 sure that they comply with our driveway ordinanoe 6 MR. ENGELBRECRT is Um- a second? 7 In a similar situation just up the street, 7 MA POWELL: second. { It several years ago, I think it was a lawyer platted At a MA LNGEt9RCCNT: Is thorc any discussion on 9 piece of property mid built a law office. In that 9 the motion? All in favor rsise your right hand. Motion to particular instance we required that developer to build to curies t >ar1mmoy. 11 his drive approach on the northern property line of his t I lierh 8 this evening is to hold a public 12 lot so that when the lot directly to the north of him 12 tearing to.xinsider making a recommendation to the City 13 was developed, they could be required to share the same 13 Council oximning the rezmhing of 2.093 acres from 14 driveway. 14 Agricultural to General Retail. The property is legally Is If I recall now the lot to the north has I s described u 2,093 acres In the T idcon Walker Survey. 16 ben zoned 1 think for another law office, althotgth 16 It is located on the north side of I.35E service road, 17 couslrwtion hasn't begun, and they are planning to I7 approximately 503 fat south of Pmkrus Page Road. 18 share the driveway. So, basically, what we'll have are 18 The proposal is 10 allow for mail 19 two lots with one driveway. I would assume we would try 19 development and Ms Nilsson from the Planning Ikkpartneit 20 to work something out similar to that with the owners of 2a will provide us with the staff's report. The public 21 this lot. At this point they have not been at 21 hearing is open. 22 Development Rev icw Committce yet bxau a they're just at 22 Ms. muwx thank you, Mr. Chair, 23 the zoning stage. Bul when they do conic in to plat, 23 Commissloners. As mentioned, this is m 2.093-acre site 24 we'll be looking at their lot and determining what side 24 on South 35F, about 500 feet south of Pockrus Page Road. 25 that the driveway news to be on and they're probably 23 It is currently mood Agricultural. It was put in that Pagc 34 Page 36 I going to need to plot a mutual access easement on their 1 zoning district in 1969. Tiro 1988 Anton fkvelopmrnt 2 plat to allow for adjacent properties to use the same 2 Plan classifies this ww as a modrxatc intensity area f 3 driveway. 3 which signifies a mixed usc, This proposal is j 4 MR. ENG118RECRT; A:I right. Thank you. 4 consistent with The 1988 Plan and the 1998 Anton Plan s Any questions for Mr. Salmon't Thank you, sir. Are 5 Policies and Growth Managen"! Strategies. It is 6 there any other questions for Mr. Recd at this time? 6 somcw'hat inconsistent, however, with the 188 Plan due to 7 Okay. Thank you, Is the petitioner or petitioner's 7 26 percent over of the suggested Trip Intensity It representative prescm? Yes, sir. Would you like to a STUhdvds. Tncrefore, we are suggesting a 25 percent 9 make Pny statement? 9 limit on the lot coverage in order to mitigate those 10 RG:PRISLNTATN1! No. 10 impacts. 11 MR. E.NGLLARECHT: Just let the record be I I This property is trot platted. It would new 12 noted that there was a representative present but he 12 tv be platted prior to dLvclopmcnt. Not Joe of Ni 13 indicated he declined to make any comments. Is there 13 public hearing was placed in the Aroton Record-Clhronicle 14 anyone present who would like to speak in favor of this 14 on April 4th, 1999. Six property owners were notified 1 I petition? Anyone present to speak in favor or the 15 of The nqucst by cenifled mail on March 31 st. 1 b petition" 16 Thirleen cow" notices were mailod out, as well as 17 In that case, is there anyone present to 17 informational signs were placed on the propety. I is speak in opposition to the Petition? Anyone present to is received one legal notice back in favor of the rsq rest 19 ak in opposition to the petition? Seeing no I9 and seven courtesyy notices that were undeliverable. A A, 20 opposition, viVil waive rebuttal. The public hearing 20 prospect ora neighborhood owing was discussed with 21 is closed. Sir. Reed, any final staff remarks? 21 the applicant and the applicant elected not to hold a 22 MR R1 f.f} No. 22 neighborhood mooting, 23 MR I,NGELBRECIIT, Commissiontm. are there 23 .Again, the proposal Is cornsistcrhl with the ` 24 any questions of staff, any comments or a notion? 24 '88 Anton A'v'elopment Plan, also to the point that it 25 MS. APPLE: I'll move to recommend approval 25 does affect a major thoroughfare end does support a PLANNING AND ZONING APRIL 14, 1994 Page 33 • Page 36 19. c i lj I ' f Coedooscitr" Page 37 Page 39 I mWA-use development. And our Growth Maoagemmi 1 owv beve been simply a #arf decision or maybe the 2 Strategy does all for this ate to be a wntn ercial-type 2 applicant dxidrd that. 1 will tell you tllmglt that 3 dtw'elopmcnl with a mix or supporting uses. 3 looking st the abstracts for this property, the lots we 4 Therefore, surf does mcorwood approval of 4 described ala+g the Old Nn!on Trail. S this project with two conditions. torte is In the report 5 MR POWELL But it Is right at the 6 and I would like to add an additional condition. The 6 Interstate from a practical point or view's 7 ftnt cordition would've the standard lighting erudition 7 Ms. NILSSEN: R's on the frrntsge road. s and the second condition would be to limit lot coverage ii 1'es, air 9 to 25 percent in onkr to mitigate traffic Impact to the 9 MR PU'.vk.'LLr okay. Being that it's on the 10 ans. io IPleretate, huw do you mitigate traffic with any kind of I I MR MOKLKO: Excuse me, MS. Nilsen. I I coverage of the lot? It seems I understand what 12 tsplain that 25 per=m to coverage a con t don't a you're eying to do, but this Is a US. Interstate here, 13 fully understand what we're trying to axomplish, them. 13 how are you going to mitigate mythinv7 14 MS. NILSSEN, G.ncral Retail dasn't have ■ 14 M5. MLS5LN: well, maybe Mr. rurtaldson ear, IS limitation on its square footage but when we do the Trip is help me out. 16 Intensity Standards, if you do the math, it comes out to 16 MA pOwELL somexnte help coo out. I can't t 7 the formula cones out where it show's that it's 350 17 un&TAW it, to trips per day ror G:mf,,d Retail In that am and the is MR. DoNAl rnSON! You certainly can't Htigate 19 math comes out to 733 hips per day for this project, 19 the traffic that goes up and down the Interstate. We 20 So in order to dindnish the ama+nt of traMc that is 20 can manage the intensity of the develnpztettt on the to 21 subjectoR by that property, we limit the Na aria of 21 which haslal ly attracts trip ends, either starts or 22 the lui coverage, And in or iT not to lindt them too 22 finishes of trips, 23 much by li,niting them in square footage, wt: are limiting 23 The current Ocxral Retail Zoning Ordinance 24 the lot coverage and that way it affords them the 24 has no max imam requirements or minimum nquinmrnts for 25 ability to go up if they're able to get their parking 25 floc srea or lot coverage lhcarelicail.", they could Page 38 Page 40 I staraiards in place I build a lace story building, pm underground parking on 2 MR. MORINa Are we 11CLUting the 2 tt:re, and rnasimiae the amount of Squlur. footage thus 3 footprint sire of the building 10 25 pe'rocttl of the land 3 increasing the number of trip ends that would be 4 anal 1S that what we're saying? 4 attracted to that particular plea, 5 MS. mLsst* In it word, yea, S %It want to manage that consistent with th.r 6 MR. FNGt LORrcrl : let me just intenoct one 6 Intensity Stiexii rag that we have in our plan, which is 7 item. Would that be the footprint of the building and 7 350 trips per acre per day, So that's just you can 8 the parking? 6 either use floor area or lot coverage. We chose to use 9 Ms. NTlssFx No. We're allowing 20 preen 9 lot coverage in this case to give them Cc opportunity to larxlscaping, approximately 50 percent ra earking, and 10 to p rhaps fit more roof area on them if they can i I inslead of giving them Io Perartl fa the footprint, i I solve perking problems. But the limit is such that they 12 we're diminishing it to 25 percent 12 won't be able to maxirtine the floor RU on the 13 MR. F`:GI.IPREcirr wrore I know Mr, 13 Property. 14 Powell has a question. But before that, did that 14 MR. POWEt.t: Part of tie magri I ask that, 15 amclu& your Starr report or did you have anything elxr is I gears it's teasatably obv'uu% but the other pet of 16 on the Starr repon7 16 the reason was that you talked about I thought you 17 MS. NitssLN: f'm dune, 17 talked about normally a 30 permit, but in this cage we is MR. ENGOIRIC11Tr Okay. Mr. Powell, 16 made it 25. 1 think you said something like that. r , 19 MR Powr.LL Thank YOU. Mr. Chainnan. This i9 Where does de 30 come from? 20 address shows as Old Dertton Trail and I'm looking at it 20 MS. mt SSEN well, if you subtract 20 21 and it looks like it's on the interstate, I'm confused 21 ferxnt for landicapi•ig and N for parking out of 100 22 by that. Ilelp me there. 22 pmcnt. 23 Ms, NTINSrX You know, I sl(m't really know 23 MR. POW[ 11t. W you. I understand, T7tank 24 how it get that name, Commissioner Pmvrll. When it came 24 yew, 25 to me as a reining case, that's how it was named. So it 25 MR. LYGt1BRuler: oth r questions for Staff? PLANNINO AND ZONINO APRIL 14, 1999 Page 37 - Page 40 20. Coodeeaeltro Page 41 Page 43 I Given that this is on an entryway to Denton, do we have I build a story and a half a a balcony and you've already 4 2 any requirement for the facade part of this facility 2 ww teed that question in the affirmative. So 1 don't 3 that will be visible from the entryway? 3 really have any other pertinent questions at this time 4 MS. NILSSE:N: The surrounding zoning if 1 4 but we appmciate your consideration, s can pull my map up here is Commercial and AS and 5 MR. ENGELBAECHT. Su just a moment, air. 6 there are two Po zoning disttrcts. I did some research 6 Are there any questions for the pctitiarer? Mr. 7 on those planned dcvdopmcnt4. PD-12, it looks like 7 Rishel. 8 that in the detailed plan that they have agreed to 9 MR RISHEL: Whal Is the other as 1 look 9 construct with assorted types of masonry. In the 9 at my Enclosure No. 3, could you put Enclosure No. 3 io Po-t34, the only reference that i have is that they 10 up there? As you look at that on the screen, could you I I won't use corrugated tin on the front of the building. I I tell the what other property Is contingent or contiguous 12 1 have no indication that there was any other conditions 12 with that? 13 placed on any of the other commercial districts up and 13 MR Mon': well, that property "C" that you 14 down that section of 35 frontage road. 14 see there that's not shaded neat to it, that's dial IS MR 6N(iFLDRECHT: But they did have that IS manufacturerd home I don't rxslly remember the name or 16 condition? 16 it, but it's fa manufactured homes. Very nice. 17 BtS, NILSSEN: Yes. 17 MR, ANHEt: And your cl ierd owns that, is MR, ENOELBFXOIT: They did have whirh is i6 also? 19 not on this particular 19 MR MOTT: No, no. 20 MS. NILSSEN: Correct 20 MR RlSHEL: I'm sary. 21 MR. E.Naf°LDREC'IIT: Was that in any way 21 MR. Marc: My client did own that. Ile 22 addressed with the petitioner in this case? 22 sold it and it's been rezoed and they built it, And 23 MS. NILSSEN: No, sir. 23 really and truly, they probably should have rezoned it 24 MR, E,NOHLBRECHT: okay. Arc there any other 24 all at one time, but they did not do so. They the 25 questions? Thank you, Is the petitioner or 25 buyers of the other one wanted that rezoned. They 1cR Page 42 Page 44 1 pcthioncr's represcntative prm-ni? Yes, sir. If you I this anted Agriculture probably because he thought he 2 would, sir, please give us ymu name and business 2 might have to hold it for a number of years to keep the 3 "m fo the record. 3 lax rete clown But now that he has an opportunity to 4 MA. morn: My name Is William F. Mott, My 4 sell it, we'd like to get it mMmd at Mils time so we 5 oddrcsq in 8038 Abrarnshire Avenue, Dallas, Texas, 'the s can get some development to move (award on it, 6 rip code is 75231. I rvprcwnt die currant ow wrs or 5 MIL LSGUORKHT: voter questions? 7 this property who have pctitioncd to get it rerouted, 7 MR. R1smLt.: is there otber proporty that R Thcir rnaseming for it Is thy have a contract for the s your client has that's contiguous with this piece of 9 sale of this property, but the sale is contingent only 9 property? 10 on gating it rcnmal. 10 MR. MOLT; No, no. Not at all. I I Now this is a portion or a remnant of a much I 1 MR. LNGELBWftt: Anyone else, 12 larger tract, 7hc mm of it has already barn mroned 12 Commissiontts? I have one There bas two many of 13 to Cmxi- d Rctail and this rNuesl is rot Cenoal 13 the recent d.'velopmcmi up and down this particular 14 Retail, m well, And I think it would be very 14 corridor have used masonry maicriats on their at I.-" 15 benericial fo the city or l'xmton for somebotly to come 15 frontage facade And I'm woklcring if you have tiny 16 in then and dcwciop that from a tax siandrroint. 16 problem with that being a condition or olds rning 7 ' 17 So that's the reason the purchasr knows 17 MR, MM: I don't think no, I think the is that he's going to have to conform to all the IS buyer Is well aware of that, because we've looked it a , 19 rL%irictlon,s what he goes for building, It's got to be I9 number of propertto; up and down there In order to A, c 20 teplatio d and he's going to have to confirm to all the 20 secure them for this buyer and we know L%at mos. of them l \ 21 building nstrictions required. We've broil privy to 21 have mquirod a facade of masonry. But they do allcnv a 22 most of theft 1 think up to now. 1 wad glad to hear that 22 rigid frame, mc1a1 steel building as long as It has a 23 this was not a flax era ratio that you're adhering to, 23 masonry facade, Ile's well aware of that 24 but more a fiwtprint ratio haause it the proposed 24 MR. ENGLLBRECIrr: Thank you. Any other 25 owtna was a king me whether or not perhaps he Wald 25 questions, Commissloncnl Thank you. Is there anytne PLANNINO AND ZONING APRIL 14, 1999 Page 41 " Page 44 21. Candanse[t"' Page 45 Page 47 I present who would like to speak in favor of this I facade excluding windows saes doors, 2 petition? / yono present to speak In fy v of the 2 MI RISK.=.L: second. 3 petition? In that case, is there anyone present who 3 MR. L`GELBRECHT: Moved and seconded to 4 would like to speak in opposition to this petition? 4 recommend approval with three conditions. Any S Anyone present to speak in opposition of the petition? S discussion on the motion? Alf in favor raise your right 6 Seeing no opposition, we waive Or, rebuttal. Public 6 hand Motion carries unanimously, 'flunk you. 7 hearing is closed, Ms. Nilsson, any final staff 7 Commissioners, it's tan till 7:00, You want 8 remarks? 8 to break at this time? 3'm not sure we'll get through 9 MS. NILSSEN: Only to point out to 9 the neat case in ten minutes, We'll take our 30-minute to Commissioner Rishcl that this is the property that is io break at thisjuncture If that's all right. Okay. I I south of that site. Other than that, we'd recommend it We'I1 break for 30 minutes. We'll be back at 7:20. 12 approval with the conditions, one and two. 12 (Break taken) 13 MR. ENGFLBRF(9IT: Commissioners, is there 13 MR ENGELBRECHT: Arc we ready to start? 14 any comment or a motion? 14 Everybody got to cat dinrwr? Okay. At this time I'll is MS. oovitw.: 1 would just like to follow IS reconvene the regular nw ang of Planning and Zoning 16 through on the additional I'-now this gentleman says I6 Commission, Commissioners, and we will continue with our 17 that he's aware of masonry but I'd like to gM it as a 17 Public leanings this evening t 8 condition that the facade be of masonry construction as is Tk - next item on the Agenda Is item 9, iJ a condition in our 19 hold a public bearing and consider making a 20 MR. FNUFLBRECI IT: Would you like to make a 20 rwonumndation to the City Council concerning the 21 motion? 21 addition of two land uses, spocifocalty a veterinary 22 Ms. Cone: H just like to know if 22 clinic, with no outside runs or pens, and a nursing home 23 everyone else feels kind of the same thing? 23 or mIderce home for the ago!, t„ a conditioned Otfoe 24 MR. POWEiLL: I would think that would be N toning district and to alter the existing sign 23 fine, personally, is long as it's just a front facade, 25 ri:04:tiom. The property is located on the cast side Page 46 Page 48 1 not 360 degrees around the building. I of Teasley lane, opposite Bent Oaks Drive, The proposal 2 MS. GOURDTF.: We havtn't done that yet. 2 is to dcvclop an office park. And Mr. Rod from the 3 •JR. RTSIIEL: I think that's appropriate. 3 Planning Departnxrt %A t provide its with the staff 4 MS. OOURDIF; Okay, I guess when we make 4 report at this time 5 the motion, I'd like to make a Condition No. 3 that the 3 Ma RUM Thank you, Chairman Engelbrucht. 6 front facade be of masonry materials. 6 The cam before us Involves an an existing ordinance for 7 MR. I;Nmaltriclm I think we might ask staff 7 a caditioxed Office zoning district for which the City 8 how to word that in such a way that we don't preclude a Council approved toning for last year, specifically June v the use of glass and all of those other things we've run 9 the 2nd of 1998. As the location map shows, this Is in in into problems with in the past. Any suggestions? to the south em portion of town along what we refer to in I I MR. DONALDSON. Require masonry materials, I I the Planning Department as the Teasley Corridor. It's 12 excluding windows and doors on the front facade. 12 surrounded by residerdal dcvtlopmcnt which Is, at 13 MR. LNGFLBRE CHT: There we have it. Would 13 present, being improved and constructod, 14 anyone care to make a motion? 14 To describe the surroundings of this is MR. roW'F.LL: I think Elizabeth was doing 15 particular site, it's adjacent to the m--w Sundown Ranch 16 great. 16 Subdivision Gvelopnxrt. As the map shows the s !,.,es 17 M.S. (MR iiii: 1 love you guys. All right, 17 arc Installed the lots have been laid out, the 18 I move to recommend approval of Z-99.018 with the Is buildings are root yet constructed Immediately to the l9 conditions outlined by staff; which are lighting on the 19 west of the silt is &rt Oaks Subdivision and also a 20 propetty shall be designed and maintained as not to 20 planned development offoet district which from ~r 21 shine on or otherwise disturb surrounding residcntlal 21 Teasley. To the northwest Is the fire station and 22 properties cc to shine and project upwards 10 prcvtnt 22 library. Ad to the south Is another office toning 2) diffusion into the night sky; number two, limit lot 23 district which was retorted similarly just as this N coverage to 25 percent in order to mitigate traffic 24 W,;cular r,opaly is, and then an exlsting 13 Impact to the area; and number throe, a masonry front 23 manufactured horns park on the west side here. PLANNING AND ZONING APRIL U, 1999 Page 43 • Page 48 22. t C 2 Moll MpVAM Mr M'TACflMENT 3 e, ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH CONDITIONS (GR(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.093 ACRES OF LAND LOCATED IN THE GIDEON WALKER SURVEY (ABSTRACT A•1330) NORTH SIDE OF INTERSTATE HIGHWAY 35 EAST SERVICE ROAD, APPROXIMATELY 500 FEET SOUTH OF POCKRUS PAGE ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z•99-018). WHEREAS, William E, Mott, on behalf of A,E. Wyatt and Charles Holbert, has applied for a change in zoning for 2.093 acres of land from Agricultural (A) zoning district classification and use designation to General Retail with Conditions (GR(c)) zoning district classification and use designation; and WHEREAS, on April 14, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council rinds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the zoning district classification and use designation of the 2.093 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to General Retail with Conditions (GR(c)) zoning district classification and use designation under 1 the comprehensive zoning ordnance of the City of Denton, Texas, subject to the following conditions: 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 2. Limit lot coverage to twenty-five (25%) ht order to mitigate traffic Impacts to the area, 3. A masonry front facade excluding windows and doors. I SECTION It. That the City's official zoning map Is amended to show the change In zoning district classification. SECTION 113. 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. 23. c c ¢ nsmaaa.ww k ' 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, a daily tewapaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: BEP13ERT L. PROUTY, CITY ATTORNEY R BY: r 24. I , ~I I 1 EXHIBIT A 1 FIEL D NO TES 2.093 ACRES BEING all that certain lot, tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1JJO, in the City of Denton, Denton County, Texas, being o art of that certain trot! of land conveyed by deed from Holbert- W att Volkswagon, Inc. to A. L. W'yoll and Charles Holbert recorded In Volume 2304, Page 418, Reol Property Records, Denton County, i'exas, and being more particularly described as follows: BEGINNING at a iron rod found for corner in the northeast line of Interstate Highway Number J5-E a public roadway having a right-of-way of 300.0 feet, sold point being the most westerly corner of Lot 1, Block 1 of Nationwide Housing Addition, on addition to the City of Denton, Denton County, Texas according to the plat thereof recorded In Cabinet P, Page 277, Plat Records, Denton County, Texas; THENCE N 49 57' 00" W, 28188 feet with sold northeast line of sold Interstate Highway to an iron rod found for corner, sold point being the most southerly corner of that certain tract of land conveyed by deed from Glen W. Woodford and wife, Estella Woodford to H.W. Pockrus and wife, Alice Pockrus recorded In Volume 358, Page 505, Deed Records, Denton County, Texas; THENCE N 42 09' 17" E, 291.15 feet with the southeast line of said Pockrus tract to on iron rod found for corner in the southwest line of that certain tract of fond conveyed by deed from Lonestor Gas Company to Enderby Cos, Inc, recorded in Volume 759, Page 43J, Deed Records, Denton County, Texas; THENCE S 62 50' 35" E, 291.62 feet with sold southwest line of sold Enderby Gas tract to an Iron rod found for corner, said point being the most northerly corner of said Lof t; I THENCE S 42 09'-17" W, *5627 f#671 411h the northwest line of said Lot f to the PLACE OF BEGINNING and containing 2.09J acres of land. 2.. II Z-99-0,18, Old Denton Trail M a~ 4 a~w~ I. b , A 1.' 3 Photo 1. Looking Northeast Across Property 4 x i Z-99-018 Old Denton Trail r if , k6 I" Ail r lot Photo 2. Looking Directly East Across Property -IN J I Z-99-010 Old Denton Trail .f' f ,•Ai11. 'iI I . Ff~ k 5~ n Photo 3. Looking Southeast Across Property Toward Oak Creek Village. L-99-018 Old Denton Trail i i Photo 4. Looking West By Northwest From Property Across Service Road and 35E i t - OZo AGENDA INFORMATION SHEET AQM1dIN0, t Aperade kkern IF/k DeM 5 - - ACF.NDA DATE: May lg, 1999 DEPARTMENT: Planning Department DCNI-. Rick Svehla, 349.7715 SUBJECT -Exaction Variance (V-99-006) Consider approval of exaction variances from Section 34.114(11), concerning sidewalks, and Section 34.114(5)b, concerning perimeter paving standards, of Chapter 34 of the code of Ordinances (Subdivision and Land Development Regulations) for a 3.00 acre property in Division One of the City of Denton's Extraterritorial Jurisdiction (ETJ). The property is located on the east side of Egan Road approximately 346 feet north of Jim Christal Road (see Attachment 5). Proposal is for one (1) single-family lot. The Planning and Zoning Commission recommends approval. BACKGROUND The applicant has requested a total of two (2) variances based on a reasonable relationship bcmeen the requirements of the Code of Ordinances and the type of development. In determining whether or not to approve exaction variances concerning the Scribner Addition, City Council must determine if the imposition of any development exaction pursuant to the City's Subdivision and Land Development regulations exceeds any reasonable benefit to the properly owner or is so excessive as to constitute confiscation of the tract to be platted. The following paragraphs summarise the applicant's requests, requirements of the Code of Ordinances, and i staff recommendations. Additional information is provided in the attached Planning and Zoning Commission staff reports (see Attachment 1). j 1. Exaction Parlance from Section 3d-11!(17) concerning sidewalks &Unest: The applicant has requested a variance from having to construct a sidewalk along Thomas J. Egan Road for the length of his property, Reguirernenr: The cited section requires a four (4) foot wide sidewalk along all road frontages. RecommendarionMeasoninr: Staff recommends a partial variance from the sidewalk requirement. The cost for installing a sidewalk along the frontage of this lot to city stardards would cost approximately $2,150 in this case. The average cost of installing sidewalks within a contemporary residential subdivision in the city of Denton is $1,150 per lot, a difference of $1,000 or one hundred-eighty seven percent (1 M), Base on this, staff recommends that 51,150 be placed in a City of Denton eecrow account to be used toward future street improvements on Thomas J. Egan Road in lieu of the required sidewalk improvements. 2. Exaction Iarlance from Section 34.114(5)b eoneernlnk perimeter paving Rca:fc51: The applicant has requested a variance from making the minimum improvements to Thomas J. Egan Road, a perimeter street, This road is currently a substandard road without curb / and guuer, Rcauir_emrnr: Regulations require that any development that is on the perimeter of an unimp,oved perimeter street to dedicate the right-of-way and improve or reconstruct the street to the same extent as required for new perimeter streets, unless the pcdmcler sheet has already been 1. a t I partially improved, in which case the development shall dedicate the additional right-of--way and make additional street Improvements necessary to complete the perimeter street to the classification required. An "unimproved perimeter" street a defined as one that does not have curb and gutter or which does not substantially comply with the street design specifications or requirements of Chapter 34 of the Code of Ordinances. Reeommendation/Reasonine: Staff recommends a partial variance from the perimeter paving requirement. The cost for Improving Thomas J. Egan Road along the frontage of this property to city standards would cost approximately S11,000. The average cost of street improvements within a contemporary residential subdivision in the City of Denton is $3,400 per lot, a difference of $5,600 or two hundred percent (203%). Base on this, staff recommends that $5,400 be placed in a City of Denton escrow account to be used toward future street improvements on Thomas 1. Egan Rond in lieu of the required perimeter paving improvements. PRIOR ACTIONIREVIEW(Coulull Boards Comminlons) The Planning and Zoning Commission recommended approval (6-0) of a variance of Section 34- 114(11), concerning sidewalks, of the Code of Ordinances on April 14, 1999, for the Scribner Addition with the condition that the property owner place $1,150 in a City of Denton escrow account to be used toward future street Improvements on Thomas J. Egan [toad finding that the cost of the sidewalk improvements would far outweigh any benefit to the property owner. The Planning and Zoning Commission recommended approval (6-0) of a variance of Section 34- 114(5)b, concerning perimeter paving start[ ds, of the Code of Ordinances on April 14, 1999, for the Scribner Addition with the condition that the property owner place $5,400 in a City of Dcnton escrow account to be used toward future street improvements on Thomas J. Egan Road finding that the cost of the standard perimeter street improvements would far outweigh any hcaefit to the properly owner. The applicant was agreeable to these terms. FISCAL INF'OMIATIOR If the variances are approved as originally requested, the City would be responsiblt for the complete cost of all future street improvements on Thomas J. Egan Road, Including the portion along the frontage of the subject property. Partial variances will provide the city some relief from costs associated with future street improvements. The same holds true for any sidewalk improvcmcnls. ATTACI IAIENT5 I . Planning and Zoning Commission Report for sidewalk variance, April 14, 1999, V•99.006. 1. Planning and Zoning Commission Report for paving variance, April 14, 1999, V-99-006. 3. Planning and Zoning Commission Report for preliminary plat, April 14, 1999, V•99,006. 4, Planning and Zoning Commission minutes from April 14, 1999. 5. Location Map. 2. t /j t~ Respectfully submitted: David Hill Director of Planning and Development Prepared by: Wayne M Planner It i ~ a V to t ATTACFiMBNT 1 ~ s 4" - P11 Memo 001 - To: Planning and Zoning Commission From David Salrtam, P,E. Engineering Administrator Date: 04103/99 Re: Sidewalk Nledarrc for Scribner Addition Steve and Michelle Scribner, owners of the proposed Scibner Addition located near the northeast comer of Jim Ctuistal Road and Egan Road have applied for a variance of section 34-114(17) of the Code of Ordinances concerning sidewalks. The subject section of the ordinance requires that sidewaW be installed along Egon Road. The applicants arc Proposing to subdivide the 3 acre lot from a larger parcel of land The applicants propose no sidewalk Improvements. The applicants base the reason for the varianco request on the large cost per let for the subject improvements considering the current development proposal, The Cornntission may reoonunend that this exaction variance be approved by the City Council if the following criterion is met. (b) Criteria for variances from development exaction's. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceWs any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to Lt platted, it may recommend approval of variances to waive such exaction's, so u to prevent ' such excess, to the City Council. Waiver of developmental exactions "I be approved by the City Council. Sta!f recommends a putial variance. '(IL. required sidewalk would cost approximately 52,130. Based on an average single family lot in Oenton, $I.150 per lot would be average cost of sidewalk Based on this, staff recorrunends that Instead of building sidewalk that $100 be given to the City and placed Into an account to be used for rebuilding F. gin Road in the future. It should be noted that the subdivision across the street (Ilickory Creek Paves) was granted a similpr variance and that there has atready been an account established for the rebuilding of Egan Road, in addition, although Egan Road is outside of the City limit, the City of Denton is responsible for the maintenance of the road in accordance with an inle- local agreement with Denton County, r rr Recommended MaN-)rs t c I move that we recommend to the City Council that a partial variance of section 34-114 (17) be granted for the Scribner Addition for sidewalks is recommended by staff as the cost of installing all the sidewalks required watld exceed any reasonable benefit to the property. 4. u i I i 4. COMLrENoNC JwNrRRwiwrr mJwu+r, °mm .wo r N M ~ w"R." R'~°r1 9O1"1° ° wro !1'4 i7R3d_4y~+w n ru. ° NaNr W. 3 Sn ' VICINITY MAP N - _MY - _ - rr STS K! orttlR Po,Nr or A OMNWNC 1 i I r r C?l a "'on rlr N y ~ Jr uan ~ I0+ J ApCrt r i'F vrr. Of 0.4 cot ?.BLOCK r ° r 2001 .ACRES , N Fi 1 y~ rn„ ~a J I Ha'aw "I It A~ LM LOA 0 1 r 6.00 AC, O ~~R wcro+r Mtr nnm 1 { ` cor W i k-4 r 11 j ~ePGt . kW P4 PIA* 0, - WwvR M M/W - - - __W_. - _ - . - ~r~ 9~.I'tf2J~'.. ~mag0TpT7r y°~Id['k.r !IN CHRISTAL ROAD DoLLr-'-' 41 G. AIYfRS SURVEY owwQ""--' PRUPWARY PLAT SCASNER ADOMON AWRACr NO. 443 LOr r, BLOCK 1 004 A WAL OF 3 OJ ACR(S ~ ov rM( r. A. ORR SURVEY R,Kr,r ° ASSMAC1 No. M +rv~o,tF Flb7M crwrn J1F~M0 MNnRwI Nw w u+w iw,r NnwF W rr+( tr+ l m$)OM I Of rN( r % OF DWOK ".4 =E, ,t1 _S, DWOM COU M MAS yea w a ,ae foo Mti~a b na tii R.-•----.~..•~. ~r~~w rea -3r MIAMI 1f7.4r HA. TT & ASH INC. wrc .cxrrorl 2r rr rr 2e a„ l~j :2 iiKw(Ri ! SURttWR+ L Ohio" L ATTACHMENT 2 ~l k EE! W* W • Memo - , To: Planning and Zoning Commission From: David Salmon, P.E. Engineering Administrator Date: 04/05199 Re: Perimeter Paving Variance for Scribner Addition Steve and Michelle Scribner, owners of the proposed Scnbrer Subdivision located tear the northeast comer of Jim Crystal Road and Egan Road ha,e applied for a variance of section 34-114, (5) of the cock of Ordmvvs concerning perimeter paving. The subject section of the ordinance requires that Egan Road be Improved along the frontage of the development. The applicants are proposing to subdivide the subject 3-acre lot from a larger parcel. The applicants propose no street improvements on Egan Road. The applicants base the reason for the variance request on the large cost per lot for the subject improvements considering the current development proposal, 11e Commission may recommend that this exaction variance be approved by the City Council if the following criterion is met. (b) Criteria for variances from development exaction's. Where the commission finds that the Imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be ' planed, it may recommend approval of variances to wave such exaction's, w U to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. Staff recommends a partial variance. The required paving improvements would cost opproxinatety $11,000. 11v average cost of atrcei improvements per lot for single family use in Denton is 55,400. Based on this, staff reconurends that the developer pay the City of Denton $5400,00 toward future improvements on Egan Road. it Should be noted that the subdivision across tie street, Hickory Creek Estates was granted the same partial variance when it mAq planed and some money has already been placed Into an account for Eagan Road from that subdivision. 11x City of Denton will make necessary street Impmvernents when enough money has been provided to do to. Jim Chvistal Road was repaved several yews ago in this area under a similar program. It should also be noted that the City of Denton is responsible for i' maintenance of Egan Road under an intcrlocal agreement with Denton Cary, t f f r \ t, 6. c, M t i Recommended dfoda: I move that we recommend to the City Cound that a padW variance of wdora 34-114 (5) be annted for Scn'bner Addition fa pedmeler peft a recommended by staff as the oost of rebuilding EM Road uroae the frontage would er<ceed sny raronsble bendt to die property, z ~ r J !'11s Cl 0 Pens a 7. i I FaNr Or MINCING N ~ w r ~ t.rti 1 rRl s,. ~„ert ~ .y • ' ~•k+7f.L"fi 9'171 'WAK Cos, .va t M I~MrIrY 1N1~••R~~~rIwY~OL~ ~~IIII~ P% N man an L% IW Aw" hL+11 if ~~R 1~!} -P.-W rtiH1 mrr k n~i 7v.Tik M[~.~ VICINITY Mr? NTS r7- PZr aial I(~/„( "D 1 pDINr OF is' BCCiNNiNG + J NIr 91110 Ill /J +a l/r r Al A ee Ow M►a N I! r P' LOT r, BLOCK r Ij v U)ACMr 1 M n r 1111.11 ~~n~' 1 Nll'wl Nul~ z~~i Iro co 6,00 Ic.~0 4~ ;I A~ 1 "Ciao at'rcl ` 1~4G I CM WIC 01 N"A. • r In t~ 0~ mbp~ bYr,0al !7M CNR79fAL ROAD _ C. AIYER$ SURVEY R' apFLumRr pLAr SCRI9NE4 AMWN ABsrRACr NO. EAJ LO1 ALOC9 I DONG A IOTA OF ,*.00 ACRES 0 M w t, A. ORR Sufty esrRACr ""I bI 0 4 pl i A t No. 083 w enlvw tarn A[YNMO NrYll(MI $ m 1 Of I nr NR rr'"" rME CITY or DEMON, 1 y22 0MON COMP, ?EXAS 1 ieD Ip 1 too 100 loo Magun cV . rv ~rM i'i. w~,r~.rk'iY.i'777•'°'~ 'ypP pt-r, r .roD e..1. .Ar ~A7iITET'1DA •yp1q~, I l~/~JJ CNGINC RS el SURAYOR4 e1~~+ ` w~~t~ll NCIrOIr ~[y}p~ R1q 7{!QI _I~~-r11~71 ,N 1n1.M~M c ATTACHMENT 3 Aiii PLANNING AND ZONING COMMISSION 00* STAFF REPORT Subject; Scribner Addition Cabe Numb* PFP-98.127 Itaff: Wayne Reed Agenda Date: April 14, 1999 AG1Jt?N: Hold a public hearing and consider approval of the Preliminary Plat of Lot 1, Block 1, of the Scribner Addition. i PURPOSE AND APPLICABILITY: A preffminoty plot is Intended to provide sufficient Information to evaluate and review the general design of a development to Insure compliance with the master plans and the requirements of the City's Subdivision and Land Development Regulations. Where a general development plan is required, the preliminary plat shell substantially conform to the approved development plan. PROCEDURE; The Planning and Zoning Commission is the municipal authority responsible for approving plats according to Section 34.5(x) of the Code of Ordinances. If a plat or replat meets all subdivision and land development regulations and Is not requesting any variances, the Commission shall approve the plat according to Section 212.005 of the Taxes Local Government Code. j ~lS4Et4UND: i This property Is In a Agricultural (A) zoning district. SUMMARY: The subject property Is located on the east sdie of Egan Road approximately 348 feet north of Jim Christal Road. The purpose of the plat Is to develop a 2.877 more single- family residence. The following Is a breakdown of the plat: PUBLIC IMPROVEMENTS: Public Improvements required to support the proposed development include: 1. Right-of-way dedication along Eagan Road. 2, Perimeter paving. 3. Construction of sidewalks along ali public streets. The owner Is seeking variances from the perimeter paving and sidewalk Improvements. The variance will be considered by City Council on May 18, 1999, H recommended for approval by the Planning and Zoning Commission. rr r.as. r1r ri,~,~ nrrr.rr rr e.~9. I P (J RECOMMENDATION: 4 The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations. The Development Review Committee rsoommends approval oontingent upon approval of the variances from perimeter street improvements and sidewalks by the City Council. SUGGESTED MOTION: I move to approve the Preliminary Plot of lot 1, Block 1, of the Scribner Addition contingent upon approval of the variances by the City Council. ENCLOSURES: 1. Preliminary Plat r d Il~~ W; rraxr-a>riuy~nn rrm~ 10. Jh1 T , s~ U I POINT CP 1fMENCINC u w r " Y r YMHM / ru rNl rra N 1 yRM M Y•w/f wBlrrY1Y..w/ ~YiYYY.~w,~ly~ll Y I~"p IN iIrIY NwYRYyWIn Ywn6eiM MTV Y InMIO A /I/Y Yi `.Y Y~IPVp in N VIRTU VICININ MAP N?S ` i? R/ 1J.MOII011 R. 1 ~'w POWT BEG HNtor urn ~n,l , ~j a Ir COO w rl' ue.n J I.e+en am Ir.m 0 1 3 for r iwrR / CAM vx N OA tot 'I BLOCK t " Alur FCRff 1 N g / I "Ural NR.N B.' 6 Do AC. 0 ~9 f~. Cr'97 t Near Dar narcr l il! for r Boa R G ~ 4l Y/ri. N 1 R, ~ . ' JIN CHR78fAL ROAD e mm C. MYERa' Sup VEY PREL7MtNARY PIA? SCRIBNER ADOMN ABSTRACT No. BI! ~J UM A Lot WA1 BLOCK ACRES W W A. ORR A^V ABSTRACT N/. M W ME tr! OMSION 1 OF Y//V1tr F KN'IVI COlkn KYMI" "bWll(M a we 1101 IryMw THE CITE of mrix UNION COJNTYI TEXAS I ku . rcT" low PJA'. , too' ~rrq 1~r1A )`Err & Nei C. Mrt 11 117 tNCINE[RS JI SLIM Af R r l ti otxfroM Ir, / 7/9A 6 1 ~ . IIe.w Pill. NtNin DNrT Iqu33 7 C r 4-. ATTACHMENT 4 Page 7 I up a bad word, but if there ever was a place that flag l with background regard;ng the approval of the general 2 lots would be good, this would appoar to be there. I 2 development plan, Mr. Rood. 3 mean, It'a real deep so that you could seemingly make 3 MR. IIEEm ?bank you. First, I'd like to 4 something out of it that way unless It's swamp lit the 4 band out gong reduced copies of the general development 5 back or something, Dees that make sense to anybody? It S plan and 1'd like to point out that the one that is 6 doesn't matter if it makes sense or not, but it looks to 6 attached to the report' 1 Inadvertently made copies of 1 me like tads is Ideal fa that. After that, I'll bush 7 the version which was not the final version but the 8 and we'll go on. 6 previous one, So it's slightly Incorrect You really 9 MR ENGELBRECHT: I think we might - well, 9 won't notice much of a diffeenoe. to we'll let never mind, I'm not going to make any 10 I'd like to point out a general development I I comment. I I plan is required on property that is 20 or more acres. 12 ML REED, If I Could elaborate. This 12 A general development plan provides staff the ability to 13 property has been vacant because it was originally part 13 ensure that as a property is developed in phases that 14 of the PD zoning district which surrounds it on the east 14 facilities am provided such as water, waste water, 15 side of Audit. It's a reaidentW tonal, FD with 6,000 15 ttac(s and so forth and access W the different 16 minimum square foot lots. And this particular parcel, 16 portions or the property. In this particular case, a 17 as pert of that original PD back in the early 80's was I1 general development plan was required because the 18 for a neighborhood park. It was subsequently rezoned to I a property totaled some 95.8 acres. A property owner 19 a Single-Family7 and sup for a daycare center was 19 wishing or an individual wlsldng W purchase three 20 approved. So the intent or this lot has really cbanged 20 acres out of this 95 -acre tract was informed that the 21 since it was platted and so you have an W-shaped lot 21 general development plan would be required before we 22 that now somebody wants to do a Single-Family on 22 could approved the plats for this single-family lot that 23 fronting a collector street. ]bat's all. a we wanted to develop. 24 MR. ENGEIARECHT: Any other COmments, 24 So we have before you tonight a general 25 Cummissioncn, or it motion? 25 development plan to ensure that as other panels or this Pat Ps, I NIS. OOURDIE: I mo''e to disapprove the 1 95.8-acre tract which Is under commons ownership Is 2 preliminary plat and final plat of Lots 21R•I to 22R•4, 2 developed, we ere assuring that it will do to in such a 3 block B of the Lee Meadows Addition, being a replat o 3 manner that the City will continue to review facilites 4 Lot 22, Block B of the Lee Meadows Addition. 4 to be provided to dw different portions of it, It 5 MR. POWELL! Second. 5 moots all the requirements of a general development plan 6 MR. ENGE.L13RECIFT: Any discussion on the 6 and it such, staff recommends approval. 7 motion? All in favor please raise your right hand. 7 MR VOEL9RECHT: COMn'LlWenerg, any 8 Motion carries unanimously. 8 questions for stall? Is there anyone present who would 9 One otlgr item for consideration this 9 tike to address this issue? Anyone present wbo would 10 evening is No. 6. 'There are actually four parts to 10 like to address this particular lssttim^ In that case, i I this particular item. This Is the Scribner Addition. A 11 Commissioners, do we have any comments or a motion? 12 3.00-acre site located on the cast side of Thomas 3, 12 MR P=Eu Pd like to make a motion. I'd I) Ggan Road, approximately 350 feet north of Jim Crystal I) like to move for the approval or the general development m Road. The property Is In Division I of the City of 14 plan for the Scribner Addition. Ii Denton's ET1. Purpose of the plat is to construct a Is M5.00URDIn: second. 16 6Ingle -fannily house. 16 MR. ENoELRRECHT; R's been moved and 17 And we have four Items; A, consider approval 17 seconded to recommend approval of the general Ia of the general developrent plan of the Scribner 18 development plan. Any discussion on the motion? All in r 19 Addition; B, consider approval of the partial sidewalk 19 favor please raise your rot hand. Motion carriet 20 variance of soct;ons 34.114(17); C, consider approval 0 N unanimously. 21 a partial perimeter paving variance of sections 21 Item B, a I mentioned culler, is to 22 34.114(5) of the Subdivision and Land Regulations; and 22 consider approval of a partial sidewalk variance. And 23 finally, D, consider approval of the preliminary plat of 2) for that particular a4pect of this consideration, Mr. 24 Lot 1, Block I of the Scribner Addition. 24 Salmon from the Eogioeering Department will provide tit 25 First off, we'll ask Mr. Reed to provide us 25 with a staff report PLANNING AND ZONING APRIL 141 1999 12 Page 5 • Page 8 I ` Jl t: Coodoaeeit"` Page 9 Page 11 I MR &AtMON: du& and members of the 1 that for future road Lmprovements as oppoaod to a 7 Commission, of course, this is the same property we Were 2 sidewalk, N 2 Just looking at and just for reference, I'll place 2 We think in this particular l0atance, the 4 this Is the same copy you had In your backup earlier to 4 mazy would be better Served being placed In an account S it's not the same as the one Wayne had up, but, s for road Improvements, which we already have set up and 6 obviously, it's the same property. The Sidewalk 6 love Semle money in from soma other developments in the 7 variance and Street paving variance that we're talking 7 area. I'll be glad to answer any questions you have on 8 about this evening applies only to the Scribner l this panicult.r variance and I'm reel entirely oertaln 9 Addition, which is the throe acres that Is outlined In 9 whether the applicnts are here this evening. to bold on the overhead. So when we talk about perimeter 10 MR. RtsHE4 Mr. Salmon, tell me what if I 1 paving and then sldewalk, we're only tatking about that I I ten years from now or 15 years from now, we came back to 12 short piece of frontage on l home J, Egan Road, 12 the owners of these lots and said, hey, we're so!n j to 12 What 1 would Suggest is that 1 cover both 12 put improvements In because Cho neighborhood has 14 variances at one time and then simply allow you to make 14 expanded and grown and we elect to put sidewalks In, do 15 separate motions and vote as you sec fit. is we go back and charge the owners of those properties at 16 MR ENOEI.BREM: Let me just Interject that 16 that point in time? What Is the procedure on putting 17 the second variance was consider approval of a paetiat 17 the sidewalks in to exlsting things that we have made I B perimeter paving. I s variances on or don't have In there now? 19 MR SALMON: Right. Thank YOU. The rvst 19 MA SALMON: Most likely, If we got to a 20 one i'll coves is, of course, the ddewwlks. As you're 20 point where the City needed to have sidewalks here, t 21 all awart, our Subdivislon Regulations require that 2s would assume those would be plated through our Capital 22 Sidewalks be placed alone the frontage of all platted 22 improvements Program. Whin we expand xtrocts or build 23 lots, In this case, we've sot a situation where someone 2) Sidewalks in that program, the homeowner 91 not 24 wants to carve a Ihroc-acre lot out of a larger parcel 24 individually assessed. 23 and sidewalks would be required along Thomas J. Egan 25 MR. IusmEL thank you. i Page 10 Pest I1 I Road. Because this is a thrcracre lot and has a I Ma ENOEtLUMi Any other questions? W. 2 relatively large frontage, it t- ould cost approximately 2 Powell. 3 SU $0.00 to build the Sidewalks in front of thlI lot. 7 MR. PowEtu is this In the City limits? 4 The applicants were raffia Stormed at the Cost of 4 MR. SALMON; This paNculaf property 15 S constructing the sidawaik and felt that that was a s scnblly in the En it is the City limits across the 6 pretty c,penitve hit for them considering all they 6 Stmt to the west and It's also City Limits south of 7 wanted to build sows a dngledamily home. So they 7 Jim Crystal Road to the South and there the City limits, 8 applied for the variance which, of course, will make 8 again, R little tit to the east The City limits line 9 this an exaction variance. On this variance, you will 9 sat of dances around this ply. 10 be making a recommendation to the City Council, 10 MIL POWFLI.U 'thank YOU. i I I Staff Is rocotnmene;ng a partial variance In I I MA EMOELBRECHT: Any other questiats? 12 this case, We realirr that the street frontage 00 this 17 AIR. MORENO, Mr. Salmon, is there R I J particular lot Is considerably longer than a rwenul I j precedent for moving basically what 1 think of as 14 residential lot, And 1 guess in the Spirit of equity 14 sidewalk money Into road Lnproveirlent money? 13 and assuming that a single-family home, regardless of Is MR &AtMON: we have not done that very 16 the lot sire, has the same need for a sidewalk, we vied 16 often, We did do It with the :ubdivislou directly 17 to equate the cost of the sidewalks on any single-family I7 across the Street from title property so that'I the main 18 development with what we would constdcr an average cost 18 tamers we're suggesting that In this CAN. I don't r 19 for a single-family hume In Denton I9 the subdivision Saes the site i believe Is Hickory A s' t. 20 The average cost for a single-family lot in 20 Crock Estates and they had a very Simper situation, t / /a- 21 Denton for a Sidewalk would be about $1,150.00 So staff 21 although they were platting mere lots M one time, and 22 Is going to recommend that rather than the applicants 22 we received money from them for Improvements Ott Jiro 2) instatlins a sidewalk for $2,150.00, that they would 21 Crystal Read and Some matey for Egan Road. And In that 24 give 0.. City of Dmion S I,1 S0.00 that would be placed 24 particular Instance, the variance was granted such that 2S In on existing account in that we would actually use 2s the money trot would have been used for sidewalks was PLANNING AND 20NfN0 APRIL 14,1999 19 Page 9 • Page 11 c C4rndcoselt"r Page 13 Page 15 I used fix streets. 1 ace this particular location is pretty well clapped up 2 MR. MOReNO; Thank you, air, 2 along the edge or the road I't's been there's been a 3 MR. ENOELBREQrT: other questions? Why 3 lot of new homes In this arts and the construction 4 don't you go ahead then with the other one. 4 traffic has rally been detrimental to the upbalt S MR, SALMON: The second variance has to do S conditions in the area. 6 with perimeter paving. Again, u you're most likely 6 This particular picture that I'm going to 7 aware, our Subdivision Ordinance would require that in 7 show you Is right in front of the applicant's property. s an Instance where you're platting a lot on a subslandsrd 8 And this picture, as well, is in front or the 9 road that the tk+vcloper completely rebuild the road in 9 applicant's property looking in the opposite direction. 10 front of the property that's being platted. Again, In 10 As you an ace, the road is what we call alligator I I this case, dealing with the thra•acro lot with over 200 13 cracked and has several patches In It, Tbere was I a feet of street frontage, the cost of rebuilding the fond 12 evidence of recent patching vvork in the as when I went 13 would rte approximately $11,000.00. 1S out to take the pictures, 14 In the City of Nnton, looking at the cost 14 MR alstiEta wee that County work or City is of asphalt and concrete, and usuming an average lot In 13 work? 16 a subdivision, that would generally cost in the to MR SALMON; City work. We, although this 17 rr.Ighborhood of about $3,400.00. So in this case, the 17 road Is In the fT2 and riot In the City limlts, several is cost of building street improvements in front of this is yam ago the City of Denton and Denton County entered 19 particular lot would It twice what a normal developer 19 Into a interloeal agreement. 20 would expert to pq for a single-family home. Again, 20 (interruption In TY, programing.) 21 the applicants, feeling that $11.000.00 Is an awful lot 21 Me ENGELBREM, well, I guess we'll hold 22 of money, to haves to come up with considering all they 22 for a minute, Ladies and gentlemen, we're going to talcs 23 went to build Is one house, applied for an exaction 2) a five-minute break while they attempt to figure out how 24 variance, 24 this got piped into our system, 25 Like the last variance, staff Is going to 2s (Break Inken.) Page 14 Pat 1 recommend again that rather than rebuilding the road for I MR. WOEL11 X1919 NI right. Ladies and 2 that 200 and some-odd feet In front of their home for 2 gentlemen, I believe vWre back on the air without the 3 $11,00000, that they simply give $5,400.00 to the City 3 additional background cornme ntary and we will continue on 4 or Denton to place into an existing account for future 4 with Mr. Salmon's staff report regarding the perimeter S rood improvements on Thomas J, Egan Road. S stroct paving vadmoe. e Again, we do have an existing account that 6 MIL SALMtkh 1 believe f s'na In the mdddte T was set up when I hickory Crock Estates was platted. We 7 or describing the nature of our Lik- local agreement 8 do already have some money in that account for Thomas J. I with Moto County concerning road maintenance In this 9 rgan Rood and we will use that money at the point that 9 arcs, It used to be standard practice when the City 10 we have enough money In the recount to actually go out 10 annexed property to annex to the middle or the road, We 13 there and do something with the entirety or the reed 1 it no longer do that and unfortunately, though, foe many 12 would assume at some point we'll !rove enough money to go 12 years we did that and ended up wide a lot of streets I3 In there and do some major patchwork and prohably some 13 that were half In the County and half In the City 14 milling and overlaying similar to the work that wK did 14 limits. And it was always very dif Ir cult to determine 15 on Jim Crystal Road it couple of yon aeo. is who was gntng to maintain t! )se roads, 16 One thing I didn't show that might be of to So ch, probably five or six years 17 some help, we took some photos of Egan Road In this 17 ago we entered into an lnerioal agreement with Denton 1 s area. I'll try to run through these quickly. I've gel I s County and we split up utiox roads that were at $sat r 19 a few of them. We Is 71 oimm I. Egan Rood. As you can 19 the half and half, Some of the roads went to complete ~ A, r 20 we, It's a relatively narrow toed Aith pretty poor 20 County meIntenaxe and some of the roads went to / J 21 asphalt conditions. Asa matter or fact, the morning 21 complete City malnknanoe. 22 that we were cart taking photos, I was driving a City 22 The City took on maintenance of Thames 1. 23 vehicle and hr,-rally had Io pull off the paveiric I and 2) Egan Road and also on Jim Crystal Road in their 24 of( to the side to allow a City of Lknton garbage truck 24 entirety. So In this particular Instance, this road is 21 to pass by, so that's how narrow the road is. You can 23 it road that Is maintained by the City of leaton and sot PLANNING ANULONtNO APRIL 14, 1999 14. Page 13 • Page 16 i 1 CoodenaeitCe1 Page 17 Page 19 1 we feel that it's appropriate tha, the money be given to I Ma. RmHEG And as driveways are put In to 2 the City of Denton to make the road improvements when we 2 make access from the road to the property. Will those 3 have enough money to do to. 3 culverts be sized in some way, shape or form properly 4 MP RISHEta Doe$ the road that WAS 4 for the adequaw drainage upstream and downstream? k S installed i,W our typical standards on width end depth S MR. SALMON: well, one or the funny things 4f 6 of uphatt and preparation and bed and everything else? 6 about this area Is that it Is Inside the Cotrety. It's 7 MA SALMON: well, of course, the existing 7 outside of the City Bells to there -Mll be no building j g road is an old County road that I'm sucu to not to g permits Issued, We would typically review driveway 9 anybody's standards. When the City rebuilds the road, 9 culvert siring at building permitting. However, in this 10 it will be to s Citystandard. Because or the ilm of 1o Instance, the owners, once the property is platted, will I l the lots, I would expect that at some point it would be I I simply get a development permit from the County and I'm 12 rebuilt as what we call an estate section, whlcb Is a 12 not award of whether the County will review the culvert 13 24-foot wide road without curb and gutter but the normal I) sire. 14 thickness of asphalt. Currently, this road probably has 14 MA ENOELSRECHT: That may be just as an 15 In the range of an inch and a half to two Inches of is Intedoction point, that maybe something wa want to at 16 asphalt with just sonic gravel underneath 16 least check with the County and determine if they arc 17 MP. RISHEU And once again, this to not a 17 doing and if not, at least make a reeommendatlon or 18 case where we go back to the owners when they Occupy I i something so that we sort of assist the drainage or at 19 along that road send ask them for any additional funding; 19 lent not reduce drainage now as development comes 20 Is that correct? 20 along. 21 MR. SALMON: No. In fact, what I would 21 Mil. MSHEL+ 7bat amens to me to be a 22 anticipate Is that this road would be rebuilt with money 22 logical cost for the owners of the residences to be 23 from dcvclopment in the area and possibly some 2) paying as opposed to us to pay after the fut. So 1 ` 24 additional money that would be put In by the City or 24 think that would be certainly an appropriate move for us I 2S else it would be improved H our Capital Improvements 25 In the long run. Page Is Page 29 1 program. So It vvuld be a City funded improvertenl when I MIL ENOBtBRECHT: Any Other gtestionS for 2 It happens. 2 staff, comments? 1s there anyone present who would like 3 MR R1stIEU lhank you. ) to address this Isaw, that being either the sidewalk 4 M0. ENOELSRECHT: Any other questions for 4 partial var(anoe of the sidewalk requirements or a S start? Yes, Mr. Moreno. !partial variance of perimeter street paving 6 M0. moRtNa Ycs, Mr. Srlmon, this is rally 6 requirements? That being the case, Commissioners, any 7 more of a suggestion than anything else. But in your 7 finals comments? Let's take these one at a tlme, a backup, as I read it, it says, staff roeommends that g please. A motion with regard to Item 68, the partial 9 instead of building sidewalks that S k,I50.00 be given to 9 sidewalk variance. I D the City. And that phase "be given" kind of bothers me 10 Ms APPI.Pi Mr. Chair, I'll move that we I I a little bit. To me, that fmpiles a gift And perhaps I I recommend to the City Council that a partial variance of 12 a phraseology such as "be paid" or ON placed In an 12 sectlon 34.114(17) be granted for the Scribner Addition 13 escrow" or something of that nature might be more 13 for sidewalks is recommended by staff sec the cost of 14 appropriate. Dot that's just a suggestion, air, 14 installing all the sidewalks required would exceed any is MIL ENGELDRECHT: Any other questions or is reasonable bereft to the property. 16 comments for safl7 Mr. Satmon, where will the 16 MR. IuSHEU Se=& 17 right-or•way come from? I low will we acquire adequate 17 Mit musiRECHT: Moved and seconded to I g right-of-way for total wldth7 I s recommend approval of the partial sldewatk variance, 19 MR 3ALMON: well, of course, with this plat 19 Any discusslon on the motion? All In favor please raise 20 we're getting adequate tight-of-way at this location 20 your right hand. Motion carries unanimously, (1 { 21 and, of course, we did with other lots that have bm3 21 Then we have Item 6C, consider 22 platted on this road. The remaining right-of-way Is a 22 recommending approval of the partial perimeter paving 21 prescriptive right-of-way and it's usually measured 23 variance. Commissloners, any discussion or a motion? 24 bctwom fence lines. So we have the authority to make 24 Ms, APPLE: ill also move that we recommend 2S improvements there. 2S to the City Council that a partial variance of oectlon PLANNING AND ZONING APRIL 14, 1999 i g Page 17 -Page 2( G • Condenscit"r Page 21 Page 23 t 34.114(5) be granted for Scribner Addition for per{metcr I preliminary plat of Lot 1, Block 1 of the Scribner 2 paving as recommended by staff as the coat of rebuilding 2 Addition contingent upon the approval of the ` t 3 Egan Road across the frontage would exceed any 3 aforementioned variances by the City Council. 1 4 reasonable benefit to the property. 4 MR. RISHEU second. S hill RISHEU Second 5 MR. ENOELBRmrr; it's been moved and 6 M0. ENmitkizm; Id's been moved and 6 seconded to recommend approval. Discussion on the 7 seconded to recommend approval. Any discussion on the 7 motion? All In favor raise your right hand. Motion ' s :notion? All In favor please raise your right band. s carries unanimously. 9 Motion carries unanimously. 9 All tight. At this time we will begin our 10 Item 6D then Is to consider approval of to public heating portion of the meeting this evening. And I I preliminvy plat of w 1, Block l or tho Scribner i i before we hold the first public heating, I world like to 12 Addition and Mr. Ro-d will provide us with a staff 22 review briefly with those present our procedures for 13 report regarding thrt issue. 13 public hearings and they are on the overhead to your 14 Ma REEM Pirst, I'd like to remove any 14 left. First, I will open the public hearing. Following 15 confusion. I believe that a preliminary version or our 15 that, the staff will read the petition, give its report 16 staff report was put In here on top of the actual one 16 and make a staff recommendation. And at that time the 17 and the preliminary vers!on referred to the final plat 17 petitioner will be granted an opporlunity of ten minutes is and the preliminary plat. Sinai this Is the same is to speak. 19 property that we have made three motions on already 19 Following that we'll ask persons who arc in 20 tonight, l mill scoot over the usual introduction of 10 favor of the petition to each speak, limited to five 21 what we're doing here and simply say that now we're 2I minutes. Following that the persons In opposition will 22 looking at approving the plat contingent upon approval 22 each be granted five minutes to speak. And if there is 2) of the exaction variances by City Council. 23 opposition at that time - this is No. 6 the 24 And on page 2 or item 6D, staff report, .4 petitioner will be allowed in addidtmoat fire minutes to 2S under the suggested motion, I'd like to clarify that 23 speak In rebuttal. _ Page 22 Pq I motion should be that you move to approve the 1 At that time the Chair will close the public 2 preliminary plat please scratch out the reference to 2 bearing. The staff will present any final remarks and 3 the final pi at or Lot 1, block 1 of the Scribner 3 Commissioners will discuss the petition arvi take their 4 Addition contingent upon approval of the exaction 4 decision. 5 variances by City Council. Of course, we cannot approve s Same not-. Any speaker may be allowed { 6 the final plat until the variance; are approved as that 6 additional tier. to speak by a vote of three members or 7 affects the final plat document, as well as affects the 7 the Commisslon We would ask each speaker to concern s preliminary plat, 8 him or bersclf with' presenting new Information not given 9 The preliminary plat in this case would have 9 by previous speakcs. And, finally, Commissioners may 10 to show the sidewalk across the front of this properly to at any time ask questions or anyone and call on the 11 and it City Council denles that particular variance, I t staff at any time and may adjourn to close session ss 12 then they would have to cane back with a protiminary 12 allowed by taw. I ) plat showing the proposed sidewalk along the entire 1) Okay. Our first public !raring this 14 frontage. 14 evening, which Is Iwm No, 7 on the Agenda, is to Is At this time staff recommends approval or 1 S consider making a recommendation to the City CmmciI 16 the preliminary plan contingent upon City Council's 16 conoemirtg the retoning of 0:58 screw from an 17 approval of the variances. rid be happy to answer any 17 Agricultural district to a ComrriaMal district. The I a questions. I s properly Is located on the east tilde of Woodrow Lem, 19 Ma. ENormittmi Commisioners, any 19 swtlt of McKinney Street The proposal to for a pawn f 4, 20 questions for Mr. Reed? I'll ask one trot time, is 20 steep. At this tt: re I'll open the public hearing and Mr. ` l 21 Ogre anyone present who would like to address this 21 Reed from tie Planning staff will provide the gaff 21 Issue? Anytme present who wontd like to address this 22 report. 13 particular Issue? In that ease, Commissioners. any 23 Ma. IIEm. !tank yeti, Chalrom FAlieibrecht. 24 comments or a motion? 24 The first toning case we have hul tonight Involves a 25 Ms. APPLE: I'll move to approve the 25 property that is looted jug south of McKinney Street PLANNING AND ZONINCI APRIL 14,1999 16. Page 21 • Page 21 I J :i. c; 1 ATTACHMENT S NORTH V-99.006 (SCRIBNER ADDITION) SITE ! 1 LOCATION MAP Agenda Date: May 18, 1099 Scats: (Done E7 t: A P* WM - 4 Oats i AGENDA INFORMATION SHEET AGENDA DATEt May 18, 1999 DEPARTMENT: General Government CNI: Michael W. Jar, City Mannger i SUBJECT A resolution establishing the maximum rates that Marcus CabloCharter Communications may charge its Denton cable television subscribers for the basic service tier and associated equipment; establishing a maximum hourly service charge; providing a severability clause; and providing an effective date. BACKGROUND The city Is certified to regulate cable television rates for basic cable service, equipment, changing tiers, and the hourly service charge, Under the recent franchise transfer agreement, Charter has agreed to the for new rates only once per year. The city received the appropriate FCC Forms (1240 and 1205) on February 26, 1999, The city has one year from that date to issue a rate order establishing the maximmn rates that the cable operator may charge. The cable operator may, however, implement new rates on June, 1999. If the city issues a rate order after June 1 that establishes lower rates than those Charter implements on June 1, the cable optiator could either appeal the city's rate order or implement the lower rates and issue refunds to their -ibscribm retroactive to June , The cable operator's rate filing will 4 establish rates to be effective from hv- 1, 1999 to May 31, 2100, In their riling, the cable operator indicates that new, higher rates are the result of "certain external costs , (i.e., programming), inflation, true-up adjustments, and increased costs associated with delivering cable service, as allowed by the Forms 1240 and 1205." FCC Form 1240 calculates the maximum permitted rate for basic cable service Form 1205 calculates maximum pnmitted rates for equipment, changing tiers, and the hourly service charge. A comparison of the cable operator's existing and proposed maximum permitted rates follows: Current pro sed Recommended 1. basic cable S 9.441mo. S 9.441mo. S 9.44,lmo. 2. converter addressable S 3.22/mo. S 3,72/mo. S 3.61mo, 3. converter (non-addressable S 1.19'mo, S 2,291mo. S 2.23/mo. 4. odvan :d analogue converter S 3ASrmo. S 3.80no. S 3,63 Into. 5. remotccontrol S IBumo, S ,381mo, S .37/mo. ~J 6, changin_g)iers $2.00 _ S 2,00 $ 2.00 rAl ` t 7, hourly service charge 526.81Ru. S38A9br. $34,9&7tr, i i t; I c, Council Agenda Cable Rata May 18, 1999 Ilk Page 2 Charter's latest filing indicates that they Intend to keep the rate for basic cable service at $9,441mo. Their filing indicates new rates for everything else except changing tien. Their filing indicates that they do not Intend to offer the non-addressable converter or the advanced analogue converter In Denton during the next year, however staff recommends that council set rates for these two pieces of equipment anyway. Connie Cannody of C2 Consulting has analyzed the cable operator's proposed rates for converters, remote controls, changing tiers, and the hourly service charge, Her reportis attached, OPTIONS 1. Approve rates as filed by Charter. 2. Approve rates as recommended by C2 Consulting. RECOMMENDATIOly Staffrecommends option 02, approving rates as determined by C2 Consulting. PRIOR ACTIONIREVIEW WO[INNCjL BQARDL COMMISSIONS] Publlc hearing, April 20,1999; City Council Work Session, May 11,1999. FISCAL INFORMANTION Higher rates would Impact subscribers. City receives S% of cable operators gross revenues as franchise fees. Respectfully submitted, I r ichael W. et City Manag r Prepared by: Riche Public Information Officer w'p Attachments 1. FCC Form 1240 2. FCC Form 1205 2, Report from C2 Consulting At .r ; 4. Resolution establishing maximum permitted totes. ir l r t PIIF'Alain,wCnundl Agenda Cable lletee public hearln( dog € . 2 t a, 0 I u i -i I Omarcus Cable February 26, 1999 FED 28 M a r r: Mr. Ricbard Footer, Administrative Assistant City of Denton 21 S East McKlaney Denton, TX 76201 Dear Mr. Footer. Enclosed, please Bad Menu Cable's C Marcus') Form 1240 sad Form 1205 Minp for 1999. Consistent with the prior year, Moan has elected to the for rato adjustments on an amuai boats pursuaat to the Federal Commmicadan Commission's {"FCC'y MM Docket No. 92.260 adopted on September IS, 1995. The Annul adjusboant for basic service rates Is calculated WAS the FCC's Form 1240. The FCC Form 1205, which calculates the annual 4uaement for equipment and Installation rates, is also enclosed Upon receipt of this letter, the City Is notified of Marcus' intcat to chop bade nrv(os rates end equipment rata effective Ame,1999. The tote for bade service will remain $9.44. New equipment rata can be found on the tut pap of the Foam 1205. Thee changes ,ve the result of { certain external cods (Lt., programming), Inflation, tnwup Austn eob and htaersed cods wociated with delivering cable service, as allowed by the Fors 1240 end 1205. Flaw be advised that all cudomere will be nodfied of rate changes at Ind thirty days prior to the effective date, on or before May 1,1999, In accordance with FCC odes. If you have any questions about the filings, please feel fkee to call me at (2141321.7898. ReepectAdly submitted, Dowse M. Joao Maraj a of Regulatory Compliance and Plaoaing enclotura r , i t 11, ' \ . o 3 2911 Turtle Creek Boulevard Suite 1300 Drina Texas 76219 a (214) 62t.7648 fox (214) 626-2lu v 1 r c; i II 'I II i Marcus Cable FCC Form 1240 Fillag Overview Attached, please find Marcus Cables annual FCC Fora 1240 filing for 1999. This form calculates the maximum permitted rates for regulated lien of service and may be updated on an annual basis. The FCC required that the form be filed with the franchising authority 90 days before the date an operator intends to implement the rate. Marcus Cable intends to change the basic service rate during June, 1999 to the rate listed on Line I10 of the filing. The following narradve is an overview of the Form 1240 and the supporting worksheets utilized to calculate the rates reported in the form. If you have eny questions regarding the information presented in this filing, please feel free to call Denise Jones at (214) 521.7498. FCC Form 1240 - Overview On September 13, 1993, the FCC adopted rules allowing regulated cable opetators to file for rate adjustments on an annual buts. When operators elect the annual filing method, the FCC Form 1240 is utilized. The form is divided into two time periods for the purpose of calculating the maximum permitted rate; the "true-up" period and the projected period" The true-up period consists of months in the prior projected periods (in this cue, Mar 1, 1998 through February 28, 1999). The projected period consists of a twelve month period, commencing with the month that the new Form 1240 rates are implemented (in this cue, June 1, 1999 through May 31, 2000). The Form 1240 is a four page document that summarizes the components of the calculation. It begins with the maximum permitted rata from the last Form 1240 filing and rolls them forward through the true-up period to end with the rates in effect for the projected period The rata In the true-up period are never v.tualiy put into place. They are calculated in order to adjust the projected period rate for any over or under charges incurred during the truo-up period. As noted above, the rate listed on Line I10 of the Form 1240 is the maximum penrdtted rate for the twelve months beginning June 1, 1999. FCC Form 1240 - Supporting WorksbecU The Form 1240 include a series of supporting worksheets that calculate the following Information, tnwup period Inflation, CAPS channel Information, markup channel information, channel residual, channel movement end deletion, headend upgrades (small systems only), ' extm,td costs, and the average rate charged during the true-up period. A description of each work them is provided below. ~ t 4 t? U i Worksheet 1: True-sip Period InJlatton This worksheet calculates the weighted average inflation factor that should have been used during the true-up period. Operators must report the official inflation factor released by the FCC for the time covered In the true-up period. If the true-up period Includes months in a quarter for which the FCC has not released an official figure, operators are required to use the most recent Inflation factor. Worksheet 2, CAPS Method The CAPS Method worksheet must be filled out for both the true-up and projected periods. It calculates the per channel adjustments and costs of programming during the rate period. Ile FCC's going forward methodology governs the CAPS Method worksheet. The CAPS method is elected when adding channels to the cable showcase tier and does not impact the basic rote. Worksheet 3: Markup Method I The Markup Method workshed must be filled out for both the true-up and projected periods. This worksheet calculates the rate adjustatenh associated with adding channels under the mark up method. It does not include programming adjustments for the mark up channels. Worksheet 4: Channel Residual i The Channel Residual worksheet calculates the "residual" amount of the rate that is associated wit? each channel. The residual comes into play when an operator moves a channel from one tier f to another, or deletes a channel. This worksheet must be filled out for both the true-up period 1 and the projected period. Worksheet 3: Channel Movement and Deletion I This worksheet usa the residual amounts calculated in Workalteet 4 to seco ant for channel movement between tier and channel deletions. The Channel Movement and DelWoo wos"heet must be filled out for both the true-up period and the projected period. Worksheet 6: Headead Upgrade The Headend Upgrade worksheet is utilized by systems that meet the FCC's small system dentition to apply for rate adjustments associated witlu headend upgrada. This wodsheet must be filed for both the true-up and projected periods This worksheet is not applicable. r , I l 2 I, s I mmmmiii ~ I i r, U r Worktheet 7: External Costs This worksheet calculates the external costa for the true , p period and the projected period. xxtemal costa include programming associated with markup channels, fimeWse related costs, copyright fees, etc, Worksheet 8: True-up Period Pate Charged The True-up Period Rate Cnnrged woAsheet calculates the average rate charged by the operator during the true-up period. It is used to support Modules F and 0 of the Forth 1240. i r 3 6 i ci II FWrfl CmmrYaeau Cemmlwkn, YlrNhpbM1 GC 7Dlal AopowO try ONa 0010406 14 FCC FORM 1210 UFCATINO KA1Ok A F2ft%ft f0 RATES FOIL MIGUAT20 CAN! SOVICES Caklm operates: Clarar Cew~elkade Ma" ma o a 11 Twfe Cork wuWard I r `Dalkw ---fit f Tx bu ~ YE N x 1, Den " Nr~1lmppWk~nolw a sinph ~1npMhyl~N wNalq and 0 048 awnn►.+M wiM ud~w+w0r ua4akNi CNOnwnei rM: N0 2. Dae filmIHlmp l vole a elmplm *wwMU %*A fy kut nwMFN oww4nly wflm? f yaa, ache fN as wMW CON baMw and eampMM ft frriolJa wlhaly I ib afai m 1N bofem of fM papa: wo 2. Dees Ede Rfmp knehN nwMlpN bMiA aufarMaa? Meot Ic"VmleF sNd kr"haeid &AM aW kmbde fN fokA timid Ma &Awly l+Ow ofen Wlh rm"Nlma &#4 ft lefamafuu INL" dI LoW FrYrl" AufNrky f DNMa M of f Elpr FIX d~7llb11>f AFor*UpmpealmfilmIons1210bWgflmd? P4mpWwOWMfn&WWbbbm a. Or*W form 1240 for Sas011w I b. Amv4W Fonn 1240 for bask TMr t OApNM Fmm 1240 for CPS Tla r d. Amemdad Fowl t240 for CPS rw 0. InSaY N aM yea bw Wlod (a nhl0h yw we aafhy nAea ZNa 14e(aeW Hrle4 r AMM N1l00~ (mnJyyy • Indlala ow fmN peeled for WW ymu we Ow%#W ky a kuaa p. mAm y t. khkea dleevlow FOkN d FCC Fsnn 1210 (eedw an'a' M tlN appreprlmN kaQ a. M % ft Ilal FCC Form 1210 fad h arq Ja Kic%n? k. Has 04 FCC Fam 1240 ban fad pwMu* eM EN FCC? It yeses, wAv fN do% d ft mod Mwo *q ~ (mnVddyll c HN m FCC Form 1240 bean %d p wAm* wNh en Fro ddabq AupAV N YM, a+Mr fN"d FN mm mMf flkq lm+YddYT1 ~i d r' hp t fa1n I N Mdl/ Aellerl FcC lwm ~>!a, Ah 1lM t N c c. 1 . Fadwa Camnalnapn ConaMim W"N OK OC 70661 AWa W by 0646 XOG-0446 L Status of rrWous Filing d FCC Form 1710 (wf.f in 'a' N tN SWOrrWit box) a. Has an FCC form 1710bwnprw4auOAbd*0t»FCCT NO x t ps, amsr w,; d,te a ew Waal roam Anrgr (mmkfahYl b. Has N FCC form 1770 Dann pmiouahy Mb wWf era frenchhYy Aut;drltyl (-~Y21 -T M yes, enter Fr doh d tb rtroal narM MhO: 01+71 M (mN06yy) b. S Ww of FCC form 1700 FMby (arna an 'a' In IM appropriate boa) a. Has an FCC Fenn 1700 Own proNOUaly flied wsh ft FCCT x N yw. Oftw tN dab Mb: y~ 4M M I b. Has an FCC Forth 1700 bwn pmvl uay AMd wKh IN FnMOllbbp Autaray? N yes, enter e>• dW Abd: OW"4 (MWddW 10. Cobh Flreerorlanhq eafYkw ConpteM e0741a (aMw M `a' M tlN 6ppraprMb bay yes a. s 096 form Dabq Mad b raapMw f, an fCC forth 770 oangteFtT `r- x I yes. SOW Ine date ON oaro" On"W"yy1 Yee NO 11. Is FCC ram 1701"W416*4 WIN This M" 12, eateeton of `Oolne rwwwe" CMro1al Mellon MWaHeley (ardor an `a- M #0 OF -0 N bay ~i CMd hem r you wa uabq One &VW new (AUAHIM WTHM pbeA ten Iyou aro uaMq tr haw, atamalM new (CAPS M[THOD) ` t Wusing V the CAP! METHOD, have you Woad b minive poor" fa elrarwk yE, {r1 bddad duhq 1M paAod May 1 S, I M Is Dit Doe. 31 71, ION 10911 x 17. HaadsW Uppada 11 M A-1-p . 'more Orlnlara mwl way b Aa CsaaaaaM M1-Faab b uN Fw igpNi 1bMgAMepy all NbM N alaWnaf ad 1n1 AI►1faMM MMA& I Chad Mrs I you and a pWMyYIO Mat system wing to 4Man9Nad tosew uppnada w~ *w, - Part I: Preliminary Information Module A: MNdmw PwmhW Rob From Previous Filing s a a Module a: aubearibfxehip -----r a .M t .aroa. a nialrp I , i el A+waaa wacnawala ra T~w•ur raW ! rw 81 ttarw6 Awape lrnwfusn` ra F+ya61a6 ftW fe,7N Rua" Information 1 Urdaamal OVwala raa lll0 aI soda Cl VINSW adiA$110 Urespa WOpaabrROWNOQ 10 RM bow Wis" fa"perT"POW l Pan 11 low G Wow foal Fw TM"y PWW (nU 1( Dom G;;fc iMatlon paler L 1 . 8 pop I Lou in WA wraba FCC Porn 1110, Awl Slat c c. phrr CwMWYbtlOM Combyfpt wwhMgbl DC 105!1 APWSwd by OIM 7066046 r Module 0: Ca,cutating the Be" Rata u. I i 01 pt"dwr Uppild/ Ugirrd 0000 j DIurMt LAwnr Cay Igrrrl 10.1177 w C~ coo MMtgO Ind 1p D000 D1 Cu~nio lMup MWgd U41rA !0.0700 of wm tn: ~wwnti W www~ ~w^■+ AD 30r 01 Cww N"P swwo io 0167 Dl Cwrr+tHrbn iapM 10,1217 a lw JAIAwla2-0$04 600-071 11,7 e rus p Perim Module E. I Iminp hdorm lIcA 1.►» ME, wr ,p naUFa6aYy 217. *nYUdbn 1oo/np6enwn.l.gpol 1 M'1•, 121 M Me" !117, W~ U W U 6'Y, bVwwI2, II.Id,Wt1. 67 K"*v gf MAIM h 1M TR*Up P66M 1 _ 12 67 Nurbwaf Mwtw kkW M W d T"Up POW l wd lr VW w n mor Owl PnoNWd Pwbd p II *Aft dMwM* TNIA* PNW I V*W b WVId o P.6 Pj*w dMwft TrooUF Mod 2 k*%W 7n 14od i~• C Module F: Madlnum Pwmftd Rab For Tm-Up Period 1 Lb" rd a 1 I C401 M10g1 Ia6mr1 Pw TiwUp ►MW I M7r 4 20 0000 F2 Mwk* MMW Mer1111 Fw?M*" PWW I MU 4 _ saw FI CMn Mnn1 DWIn Igw1 Fw TruN,b ftiW I MW 4q !b. r'1 TnwUp FwW IRaM tayW fw Lrlolan lM~rl•r7•f71 11,1101 - 17 WON lfywdby Tn*VPPAN I IN'GMq b.0111 _.y~+ - i 0 1y94 wr Uwoft 6pnwA For TftW1 pvw I Mag b 0000 f CAIM r Cwy IM M Fa TPAk*. arW 1 Mw q b.2101 ra TnrUp 6ppwo fo TmOJp PwW t IO n1 MA Pwm RaM be TNO-to Pa4w I v4-pi4Pi-F21 .~.N.O071 _ Module 0: Ma inn remitted Rate For True'Up ParW 2 tM 1 y I d d 01 Cpl NWM IOPM Fw TW" fwW I MW 21 U MNer Molad IWwd Fw In"P Plod 2 MtoN 07 Gan W"D*108pie Fw TnwUp PwW2Iwaiq 04 TV PaAWI"[NOW FN HMO ml•FNOr•ON021 1 (M 7~so" S"mm b TWO44 Arbil 2 tw-04 q W Hud/M Uppa012a1n1M Fw TMIa POW 2 MM p ~ Ot Laxti Cay /pnord Fa TnMUr Pwb/ 2 Mfr /i TN" lprtynl Pw Tw-W PIAW 2 0Ma PPe" P*s br TnwUp psAM 1 p/•OhOMBT•Op r 9 1 lab! I>0 "W 1r" FCC Farm 1241, eh INI 1 C' t' fadalW Cwwmink.eaw Camndaabn, lVltluq%K DC MM Appwod I1y OUE 201424611 Module H: True-Up Ad)ustrnent Calculation 2A a a P N1 RAYdn+AlronPabdt E2,26i,N3 5000 H2 PrwvN Fran ww Pdmilk PM b Pab01 ~ 8:1240,121 2Nt H2 T".t* PdA011 AeutlrrH+d p12x11 (111,1426015 HI SHmron PaW IA*~ Ad2awmorA x7rW~j ~1-~ _ HIS MwnuS From Padad 2 II10W bf Imaoa HO IM'aMro from 1Aw Pam Rat b Prod 2 fJybN Fa 41nM HI Pabd 7 AdW4bnrE E+gblo Fa Ndadd _ HI h io On ►abd 2 AeuS5w1(EN SohlldolM b bmAa1 _ He now" from pww 2 kavw be Sdada N10 RaH1ww from Aho Pam RaY b Mod 7 SwlplM b heuod H11 Mod1A44~11,11aFa SYna RI104111 TOM _ HIS hniaul Rm ish k Tn*VV A#Ab" - HIS't@WT1wd)pAdluMmal"-H?-HI•H11NH21 (1tI,100.2113 41 kMA of Tn441► O*Md Fa T* P+arldad Pabd (1t2,100I62 ,HIS RartrSYq Tan-Lip A*Abr*d PI M 141 N.OODO - - Part III: Projecled Period Module L New MFAIMUM PWMMW Mb 1 1 I d iI Cap AM1M ssp~v r 21 6066 y 12 Wdaq 1, , w owl For Feo - Poem IwoA go Gm 12 CW 45Amd D0* 11"m Fa F11 Paled"4N (".2101 H Prot Pwbd Rlr llplAl Pd S m"m plow Om-tp N.lai _ H 1dolan SW & I& PNO lM Nflad 1(14'01 m 100011 N~Na1daN UppAdd EaptwR Fa haW W Fab1 MEI q 10 0000 ~r if ErtaM CeW 1griM Pa PpM POW MU 71 to 20" is TA*44 Eaenro►a Proladdd PWW (N 01E H Elw P1maw U% b PropaYl Pabdw•a.WINA) _ - f Ito Opwlbf somw RM ►a ReJaarll POW N 4400 OdlM&I"n ~~Y~bp wTn~t p~ T~~~ ~q~ 5HA9lE 9y ANC~R g N "NT Cc c, 9 ITt6 iifat E~ bCmWS N tl1711 k~fm 011 L'ITU bW TI tj CT S}• &M Er/ mak tl wod h7R. DAN ~'fg~MQ~j p~ _ v fErrdO NEn1E End T16 d PwloR IEI Fonir. 611111E Jofw1, A111wg1r d Rd9u4b7 CampWlol EnOI' F% lT1IpA0M lAAnMf N IA11,Olr 1(11( d1111•TN1 ~r211fu2,tly r 10 Pa111 LM In W44 "0" Fed refill I f/0, 21EY HN f> Federal Communlca0ona Commiaebn, Washington, DC 20531 APOMYW by OMB MOM i Worksheet 1- True-Up Period Inflation rot inarwoonr, rue Appendix A of Inebw4we For FCC Form 1110 Lill Forled a aenn 101 Mock 114% 102 April D, 62% 101 Mey 062% 101 lone 9162% 105 luly 100% 106 Aulm 1.00% 107 6ep4mba 1.00% ID6 NOW I 100 Nownba 100% 110 Decenba 1100% III 146"q 100% I i 1 February 1 OWK 111 T FFer1e61 Fxebrbe 10007 I I! Month SI 116 Month J It? Month If 1J 116 Mon017 110 Month 10 120 Month 10 111 Momw 20 112 Mon1b 11 111 Month 12 121 Month II r 125 Month 14 116 A°aye Inllatlon faear b r Trw•up Ferw 2 I i 4 i I { t l1 Falls 1 tAM 123 W1a NOW FCC Fame 1210, A4 low r 4i E Federal CanmunIcadons C rvn341w, Weshtnptan, DC 20554 Approved by 01,18 3n60.0W Worksheet 3 • Markup Method True-Up Period, Basic Tier rot trawUons, see Appendix A of buwcUom For FCC Form 1240 True•l1p PsAod projecwd Per(od' Qwi0on I, Wicaw the KdW for whkh We woAuheet Is being used. (ful SN W M Ow epproprtatt bar. i ) x Questlon 2. hWiests the get for whkh ihit woA sW le being used. UM in Win llw spptopAaw kN ) ~iel6 leer 2 Tier 3 TNr Tkr 6 x Qu"on I. How long is dm flnel petiod, In monUu, for whkh news w being eel Mrs NO watsheet? QwW oo 4. Now long is tin swcond pwI4 In nnnihe, fae whkh retes w being ett ww% this werksheel4 1 of JL" Of 4_ Line ►eAod j~1 'A4 Added ~twM ~a Jul rmMw Maui 302 Much 52 112.11 .91 0 .99 b;- ,105 April 114 14.01 14.60 94 May 305 lints 306 Ny 30P August 306 6eplamMT 63 0 306 00410, 10,00 -0-- 310 Novsrrdtel 311 December 03 63 --W.04 0 ".1111 312 lsnuvy 313 Febuey 314 Avwope PwW I MerA IN Wood Aelum;59W 315 ARM 13 M Mmth 14 311 Month 15 r $16 Month I6 316 mmm 17 - - 320 Mwlh 19 321 Month 19 322 Monts 20 323 math 21 324 MMlh 22 325 Month 23 326 Math 24 $21 Avernpe /clod I C 12 Pepe I U4A 1IS WK4 ewNal FCC Pam 1240, by 1966 u i I h , FodOW Cammunksllons C w4slom. WosNnglan, DC M001 Approved by OMB XW4099 Worksheet 3 • Markup Method Projected Period, Back Tier Fm Inetru dons, we AppWix A of Wiewtims For FCC Form 1110 rm-Up New Ftapeted FerW Qu mtlon I trAlclte the period h,r which We wadshoet h being wed. (Ful m'X• In dd gpr*su box.) X . , Question 2. tndksu 9y tkt fa which 64 wabshed lo being uwd. OV n'X' in 4y OppMpnlsu box.) 2 TW11 6 Question 1, Flow long to the Pro pwf,4 In moody, fa W lch rein we being id wltb P4 worhehowl _ 12 QucWon 1. Fbw long Is the Mooed pri4 Is mon0y, The which Mu in being set with We wo&W Bum of gum d UM titled Cumeom Cf,Yerw JewwCAWkwM MME MTold ly~ n 202 June Cla44 202 )y R 64 201 Augud 0 209 U&"*w --a- -W- woo Ws 34 October 64 64 61111 1441 KOO so." 201 Vovembr a Up ON If" 209 Oeumbor 200 )nary a --RT- woo "In 64 "ll 0 1030 -9.43 210, Febcmry $4.1 5041 *40 - 4~ JJ 211 march -W 114.1 - 1 212 Aptil 11469 -X~ 212 )day , 311 AvVW Fw1ed 111witw I 13 Pepe 1 Low I29 V#A Nt"i FCC Pam 1210, Jay 190! f ` I F6d6r6J Comwnk60 CoMSUW. W6oNVOn, OC 40564 AWQ"d by OMs WOO-OW worksheet 4 - Residual True-Up Period la Imtrw0om, w Append3 A of Irrw"m fa FCC ran 110 Qw5m 1. bdkur dr WW br rhk6 04 wwWvm 6Wq wd IM im W in dr Vpmpdrr to I I Tnrdlp WOO hgogiw hrw 6 6 6 7- 0- d,9911_R TMr3 TW4 Tw/ hAod ON 401 Av6r6/6 F-, A 0 CN" "im 404 Avw"6 Lxww Coati N!f% CA6nik UYq GpS trMwd 55 _ i M' 101 Awr6/6 TW Aseld 1401-400 31 6l.~Nt 406 Aver- CwwW4 w R61Jd6d T16r KM 406 Ava606 0p611 0 1 CA6m6M dM TW 0,0000 401 Avat/6 Am ok np CAbrW1110NDa1 1l.IIN 101 Awn16 P6AOd 1 P6r ChrxW IlAWwl I4W1011 $6.3104 Pabd T,66 100 Awr606 Pw"MW Chw16 410 Awrp61xi" Cosh y~yn1~ 116Egd 6AM N11N1 br 111 VW1106 A U! Av6r606TwR661dv611UN104111 413 Awr611 Ch6rrr16 W ROMAd TW - r 414 Am C6p6A1idodCharW6p6rT16r 116 Awr60614mNdn6 Chmftff 1413-41 q 111 AvVIO P*AOd 4 P6r **VW R66idW 14114151 >o 1 14 x+061 lain 111 YAU wnM FCC Fit" 1444 FAQ lid 1 Y i I 4 I i 1 v NO" Co wmAcOmm CartvNlsWk WsNhom DC 70561 AWMW by CMI 50604515 Worksheet 4 • Residual Projected Period QWWOO I.Maew aw *w As Oich NO WAAW 1+'&I mg (As u9C IN Ow +pproprlwlsi.) TfWA~POW T-`''f ad M+od ` s ~M_ UM DaaaAYOan Tula TWO POW OM 401 AvvW PsmiMW Cho" "Am 407 Aw"I 94" Copt qy~ lL11p "Awl 103 C glsAddle Us4q Gp AAMfbO+~ri4 s~lsf am 4m hr 404 Avoop rwftsiW14014074" "lim 100 Awvps CMnnMS W ftMAe s0 Tyr 7•.0000 406 Awop CMI AhMod CMnaW W Tyr 00000 40? AYWM %%N Lq Clow 14064" Ism" 101 A"" 1aMOd I ►w vw** IIW" 140"71 !Llf/i i + r w 1 OrI.J is tow its VAN W*h Fee lane 1140, AIy 1 NI 1 ~i r fodanl Cpnnumicaftns Commisslal, Wsshln0ort, OC 20551 Approved by OMB 3090-0658 Worksheet S - Channel Movement and Deletion True-Up Period, Basic Tier Fm Imbuctlons, see AppenJla A of Instructlono To FCC Form 1710 Question 1. Indksu the period for which this woAmI m Is being used. (put m W In IM spomprimu boa. mk-'Up}~mod- ha)rcual~ak~ Question 2 Indksu the Ott for which this worluheat Is bin ased. ut N'%• In tK karmoold a. Queetfon 1, Now long it the Arst Wod, in mantM, for whkb mwo im being set with this worbheeth l3 Qutsdon 1. Now long Is the second period, In mwN. fur whkh nits in being set with this warkilwi l7 ffisels cumww" NM Lens Period home Rrom Tl Merwd use ddt ddb TNr A n 1 Com. Call p4wmmKd 502 Ma is 50.0m - 503 Apr11 a= - Idiom ".1101140" 501 May ' W 505 JuM 06-Hq ` 505 July lam - IN." SO1 August - - sob 9"r wr WON 500 Ccbber ` 10 $10 HovetMer 511 Dmmber lid" 612 Jenasry --inar- 14.6w 613 Febrasry 611 A ei Hrlod 1 CM 515 oMonth 11 111 Month 11-■ ` sit Mamtlis 511 Montt 16 $16 Montt 11 - 520 Montsll 521 Monty 10 527 Manih 20 - 623 Month 21 ` 521 Manlh 22 521 Mmtl 23 620 Monty 2/ 521 AvVWPwW3C t J s~lY\ r j r 16 P#" b (AA 022 WVA YwnWA PCC Fan 1210, J* 1601 n U Federal Comnwnla0one Cemmlalm, Weddnpron, OC 10554 Ap"od by OMB )OW4 4W #4 Worksheet 5 • Channel Movement and Deletion Projected Period, Bask Tier For Imnucdone, we Appendix A of fnrtrucdom Fee FCC Form 1710 Queedon 1 lodkea d e prlod to WA Ole wo&her Is Woo used OM en •X' In da eFpopdea lox. rue i X don l,Indkta der wfikhtlit WWI xJ X n.rd Qutwon f. How lWS 6 6W ptd4 in nm.Os, for 014 new we halloo M whh Ole workchewl l~ Question 4. }low long It to wooed w6d, to monde, 1W which Palo are Sting eel with this worblrtO J UM PeAed it Is., Dowell Prom MovNiA0eE1 M TMr owl rwous Woo Rm Sot hoe 502 July 504 Augud 3om SOS Stpumbe ` - 507 Novembw 96M 10M 1111.11111100 mg.mq 501 Denmba - VOW ITM (N-050 i 50o hnuwy 110000 so,= (*,Rq S10 pebnary law 009M I ".QM 011 Minh (aaw` ,ice ` $12 AMI Saloom 56,W swumm $12 May 1914 A Paled 10 1 w rJr ' . ' 17 Peps 1 Lela I H OA rlrelpl FiX Fonn 1244, JW/ 11p1 r.rr l ~ I c, I 1 I trdwe'CO v4c AOm Ccmmbrkm MsNngtw, DC 20934 MDrovW by OrAb 10104313 R Workshttt 7 - External Colts True-Up Period to la mwital, m AW"m A or0ulrw6m For 7CC Fm 040 T~•l,~ Falo1 ;;:Iw veW j Qwlda t, ►a r►k1 dor grkd m ya AIIk1 oI ek rorlrlwtf {7W a 7C Y M Ippgrhw ha.J ~ Qurrea 2. Ilwr keg Y d rat r" Y amd, d whkh ti i m Wlp re rie 4k ww Wad Qarbs 1. lag it d weadpwlo4 Y moved, hr w1k0 Mw veltAq I" .16 rk wodrlw 1 4M, 11wlDmrlp&s ever t9r1 tw1 4ltereetCwmEHW Cog othopsmaIR& Fa Chewh Aidrd No Y MW a fol AAa AI Uiri 1rrdlFa FaW 117,1".10 Mom- a-M aOT FM I" PS" 511,2311 Is 0 o a ' ~~Irt l~ie~ erl1~w It;riernl Corm ale! ,M1 1, fot Mlrkep Ufa R'Ir7CerTiTaTwTi"-- 1'OiT' ~.wu Y~a t 710 3Gwl4, M Iolwrbe 6rW W CeM fa Fahl l M1iM E1lrrulCub kib o ep _ III L'IS C'dp fNwol M~o11~ 1itrLlNla + ' 121 'MtlMlmlwk3 Canrwl ►rtl Fw tMN 11f i'wfJ+Idrfwl /a FViot 111 G1e3d Cory I1111LM fa 7J%Mahy 111 MrArI U►lora3J Cew r Ikirnal Cam Nei 9Nlbh for Marks 7fIR5ilTdifif~aM'Tei""' 717 FrarYw lrkW Om%Fa Pv W 713 ConmYda Rsphrlp fwrfw ferbl 111 trell'sfucr'17afaW no Mr3dol7,fm Me11ha HIeW Cab fw MW1 a 'kfi 6 1 t v ` I R. I ~a rra i t" 2f$ wm rM110A roe Fam 114.ur Im J1 . r U iIf I~r ~^a^~+~w0vu Co,rvnrd0,4 WJVygMti OC 7M81 ! p AXMAd by OM! 701o m o 9 Worluheet 7. External Coats Projected Period Fa r,aacJw,, w AM"ON A M farfto v Fw FCC Fav 1140 QYnew I. ►a riki d,w wW m Yw 00rF vu 6r raA,rraH fiwly Falol Rdk.e Pow Irw r x r V ".P,pr kal Qnnka J Hew lmJ h M Am NAal Y rm&. Aa'1 kl,uv V7 rNaJ r1 ma W,.al,l w x Oaadw 11 Now bNO is Oa W-W W44 r a 6L hr rlhi mw M tau w *fib "*,bk d I F 701 AMMKLIWy rVWC%arhA "MvrLlJlty 7Xwj Vlvl6r~o1 •v Jvlal N,,ia/!1 Cbwv Fm ~~1 v J1i 7 aw EFhxerl Cow Nei ~Iyilr /e1 MaN OFaJ ~i~i ►~ieTl6t-iw~v N/ Iw,i w v ~ MMAIIII 7lo Mw11M'M laJwmar F~hrrlhgha h,Wl W • f I r,eF r i~w +n r1ra wwn roc p" I94 Jay Im ~r 1 , U U i l ~ f i 1 Foderal Communicaoonl CoorWow, WASMr4im DO 20661 Approved by OMB !060-0616 Worksheet S - True-Up Rate Charged Fa WUWWm, me Appendix A oFlurwiom Fa FCC form 1210 Queallon I. Haw long b IN True-Up Wod I, In momlu! 1! Quallan 7 Now tong b N True-tip Few X N mondu7 I al 6 1 L1n1 TIM 2 TWI TWA DLL. W I MarcA 59.1100 101 April 191100 109 May $9.1100 101 lum 19 44M IN July 19.{100 101 Augwa so W, 107 Sapoomw $94400 - Sol Oewbu 19M00 109 November so 44M 110 Daeembu F9.i170 III January i9M00 IU fobrumy 19 M00 IU Farlod I Avww line 9111 Mona U III Mara 11 116 Mona IS 117 Mona to W Moodi II 111 Mara I6 _ ISO Mona 19 111 Mann 20 171 ManaSi IS! Mona it 111 Mona 11 - 171 Mann 14 176 Faded 1 Avmp Gab 20 Pop 0 Laid 1!! WK4 wIs; FCC Fwm 1240, Juy',ON C t~ c~ I Marcus Cablellseoclate&, L.P, 1999 Form 1240 Filing • Additional Information A Attachments t Denton, City of TX0Sa0 1. Rate 8tructurs: Marcus Cable plena to Implement the We Wing rate aUucture at the beginning of the Projected Period: Basic Senla Use as of June, 1999 $9.44 2. ChamnelAclNtty: Please refer to the attached channel lineup(s). 9. The following sehaduls deions programming costs per customer far IM bv"p A pr clod periods. (Pisa" more that the CAP$ amount represents lath tM programming coat plus the $.20 allowed per channel.) JJ Nas4BaftA ? 1 Beg'Innlp of the K*up parlod: $0.3092 End of ft tru"p period: 50.3808 Beginning of the projected period: so 3M End of the pmJeded period; $0.2008 The following schedule details frsmohles misted coats pu customer for the true-up • projected parlods: Nab as[Ytcs True-up period: $0.0000 t~+ . . Projected period: $0.0000 i i ~ Type: Na J Calculation: rJs ii 21 v mwaus Cask Arodalal, to, Rethm Wnopyi r, C hsMw LInIW CISbN.t D~ TX January 31, 1 MI NIRKWAL Dwma TX Nub: WA Cueflu lar: TXOMO It"mmea FMMMu: 1:17 of Der" TX CK. Llne1,P Coed 1181 1901il Abbb"11ul lmoomml "LM N'A WA WA e%anol Cwat 1 1 61 KOTN PU 1 DINS, TX smak" 1aa1c I 1 11 KTXA U1P1111 Pt WoM, TK lose b I a BL KOPW FOX 1 Owes, TA CAN (Tar Iaak BTa WM 0 / 6 11 KKAS NBC I PL Wmh• TX Saw (7d Oak Is.&V 0 ! 6 1I KPWDIND61PkwwtkTXTOWW* 06EATritouk IA Q* 0 III C" D" 1110114A It M cow OMX Tow1maidobvitAk I! 1 N Orw mmkmw Cmwt n Cabs llurgra, 0 N Il ITARNET 01116 lAftER NVCN/ 17 10 M ► MAX 1 CAP$ I 1t 11 ► STARD Frm 1 11 1! ► SHOW I/FAW S is 11 ► N1o 1111" 0 t1 IT P mm rem cab lhaa6ar so tl t1 P "CAR Now PM" That I 11 11 is WON hpmmwwNPN 11 17 30 Il KLDT NO N DAK TX 16 It IS WAN Lojeolt 10 n IS [A,eaft-w Ams"roT Ba,ulr Lwll'. 70 7 Be KDTK "N N Doles, TX 110 be6kW #Kll S t 1 N INAA ASC 1 Dallas, TX 1410 lank CAPI 11 1 11 KW W113 D460L TX #04 a lark low 11 10 as KKTX IND 6 Daly. TX IIMIE a laob [abin ehraaf a6od N k0ar 14 11 11 KTVr CIS ti Pt WWK TX wof I07 wary to" H 17 U M[Wl IIAS a!alit RaMAd M 216 11 N KEKA PI/ fS Dahl, TX Cl a caw Plewaau 17 II IB KVA NO 33 DNaM, TX U*W V CAPS a CA, CAPS Chwattif 16 M 11 umm Cfwrrl 1 a Eaton chwdwlCl CMwM 6w am H 16 IB Load O,t *WNW "W AMU M GM salt 30 M IB Ow4VMAWW AMU we a Ian CKr biwi CAwot Wdt 3 h W or It If N KDPI ND at Do W, TX W of 167 N ary 106 am M m rag 13 H N WXO ND N Ca6w MS, TX R a Rala6 N 31 N KM►X ND 76 D". TX P a PMI/MoWf W 34 30 ► VC 1 PPV WT a Nola Nall TN m 31 I VC 1 PPV WA a Chr1N1 W r 1labne bmbMM 34 # ► VC 1 POV Ch"W Ca/rrf 37 u P VC A P/V cow a Charm! idol a pop m vow 6 34 Is 104K MIN 46 36 A ► N60a em *to ak se No 31 P MIO PAM N 17 P 111" 1 63 31 01 DOPRIR LI 30 Cs WEATHIR 40 ts a! 130 f Cs CC im rug FWM 114111 %A1101111191 AS U CS CNNNN "a0 POW M1001011011 INIHOk U 43 C1 CNIC toooda111rk~ "t66, WT11m0.W"muloCI !1 1! Cs SIN 1 11aho4 - a/ al Cs SPIN s0 of Cl TNT Si 47 N POX Sot RTIIVY u u Cl POX PAWLY N LI Cl USA 66 It G AMC 6 13 CI All Ir 400 63 Ct 1X'IT011 Al U N ala1M ~ ~ Clf~ ~ G j 22 e 4i I 1 Marcus Cable FCC Form 1205 Fillull Overview Attached, please find Marcus Cable's FCC Form 1205 Kling for 1999. This form calculates the maximum permitted rates for regulated equipment and installations. The following narrative is an overview of the Form 1205 and the allocation methods utilized by Marcus Cable when completing the fam. If you have any questions regarding the information presented in this filing, please £ecl free to call Denise Jones at (214) 521.7898. FCC Form 1205 - Overview The FCC Form 1205 is used for computini; equipment rates. It Is a modified version of the equipment schedule in Part III of the FCC Form 393 used In Re-Regulallon I. All equipment rates must be priced e%a the basis of actual coat. Cost is determined In the form by der eloping an "equipment basket" of costs for installation, repair and maintenance activities, and a "ressonable profit" presumptively set at 11.21%, plus income tax. The aggregate figure is divided by annual service hours to yield an hourly service charge, known as the "HSC." Charges for installation and maintenance of equipment are based on the amount of time it takes to complete the teak, multiplied by the HSC. Charges for equipment (i.e., converters and remote control units) are intended to recover the capital costs of the equipment and the average maintenance cost for each unit. Hor,(y Swdr& Charge . t eta ion The figures shown on the form were computed by using actual installation and maintenance hours as measured from service reports. Assets and costs were allocated to the "equipment basket" based on the average hours spent on "equipment basket" items. EQuinment HAt CA1 9 li n Equipment rates are broken into three categories: remotes, non-addressable converters, and addressable converters. The rates computed on the form are derived from the actual cost of the equipment It uud to customers. The cost and number of units reported are at the company-wide level, Maintenance and service hours were obtained from service reports. 23 . n z I cI r.rdfan...rrdfwwirnwwur~rtCL ]MI hwa+f4 Ol~fopMlO i rcc MPA Im L4tfllflMEll:_I..tID 4~dm+run rdrdlAflNRlry s>,frdonfallr I C~nglV rrrFLrlldr.lfr ~rdM~YrHyYyyl 'i lV~r~ t4r.IwY. Or"M.r V-~- fwl}'dM1l'ti urarlr dr•r Td~Yr W N 1Vr IIbfA 01fJf.d dLl~wr 4rq 4- L Wr dLr FrdMrf fIp moms IIW llr bw~rrlM pr.v.rw.wrYq •r~YMd M RYF~. 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Nnr1{r.AL [rVr~ b w _C_rwnr L+T 1.!IMw4[r~wllr _ L On --Y! fwwMMt w.ry!~WwriLC.~wrprbi NYr Wrr, }Y w N r Wl~cf Ylr mar [~eIbLW Y{ oLr bw bw by f■ r tw !.W Y. n+ .Ct wo\ ~{r arC Y011[1 fYYl4e }b» NwYr Y+wl Ln Yr[r. d IYIr{ •Y Y r wrplrlY I Mlr.llrrlr,wrlrlti WrrrY LNLNrI Mrr.YalW.v yr { rn 1 IM p tIrIM1YI• W r YYIr w\Arr rN r.1 [o 1 [Ir YrwtYrY.tlw r.l.ryl..pL).f {.r rr~llrr R.sr~. r.rr rW ~ r er~rrr^r ~ brrlN rft jYYprrMrn..Wa ' [YIT['.1:RNR\TYIOR Y[11111At1 RrTW UY[YYR R flYl[IIN NI1\YYWI.{Y N[ NrtrY \RRIWIM II'1t90[lmll\SlLM ISN Und IINY1lYYf {tgt}RIl Y. ~11OIIIY I.rWrYrrruwLr r...r rr.r•.Yrlr }wL*r4K YlnwYw.lY A rrw C.ww~. 11 1~~✓Yt -f~yL' I[~•V(I ll1 \ n. n r 29 AWN V w wr wlrY ICGM UYI W w ! I c e CONSULTING SERVICES, INC. 7681 Pencross (972) 726-7216 Delius, Texas 75248 (972) 726-0212 (hod May 9, 1999 Mr. Richard Foster Public Information Officer City of Denton 215 East McKinney Denton, Texas 76201 Dear Mr. Foster: C2 Consulting Ser.lets, Inc. ("C2") has completed the evaluation of the FCC Fo, 1205 ` filed by Marcus Cable ("Marcus" or the "Company") with the City of Denton, Texas I ("City") on or about February 26, 1999. This is Marcus' second year to file an "aggregated" filing regarding its proposed increases in equipment monthly lease rates and installation and maintenaixe charges. The Form 1203 is filed once each year, is based on the most recent fiscal year costs/data (December 1998) and is filed simult neously with the Form 1240. The City has original jurisdiction with respect to the review and regulation of charges resulting from the Form 1203 computations. This study does not constitute an examination of the financial condition of Marcus or its parent company. As such, C2 cannot and does not express any position with regard to the accuracy or validity of the financial information provided by Mucus during the course of the analyses. BACKGROUND In its 1999 Form 1205 filing, Marcus proposes signifreaet increases in its maximum permitted Hourly Service Charge ("IiSC") for installation and maintensnce activities, and in its monthly lease rate for remotes. Although the Form 1205 computations presented by Marcus result in maximum permitted rater for converters that exceed the current rates, Marcus is not proposing to increase these rates from the maximum permitted rates ordered by the City in 1998. The applicable rate year for this filing is Mute 1, 1999 through May 31, 2000. I 30 6 u Mr. Richard Foster tit ay 9, 1999 Page 2 The following table provides a comparison of Marcus' 1998 rates and the proposed 1999 rates: COMPARISON OF RATES FOR 1900 AN71099 Marcus MPR' Marcus OSR" 1999 Rates I N$ Rates 11109 Rate" Hourly Service Charge $27.49 538.09 $38.09 Monthly Lease Roles. Aemotea $0.18 $0.38 $0.38 Non-Addressable Converter $1.19 $2,29 $1.19 Addressable Converter $3 'r $3.72 $3.22 Charge for Tier Charge .$2.00 $2.00 5100 "Madmum Pw mR W Rate afar Seleclod Rate As part of the background discussion, it is necessary to highlight the major differences between the assets reported on the 1998 filing and on the instant riling. In April, 1998, Vulcan (Vulcan Cable, Inc. and Paul Allen) purchased Marcus Cable with the on-going operations being conducted by Charm Communications (another Paul Allen company). Due to the natorc of the purchase, the assets of Marcus were re-valued pursuant to purchase accou.tdng.t In addition to this change in the book value of asset, Marcus sold several of its rystems throughout the country. Given these two major changes in the recorded book values, it is almost impossible to make direct comparisons between the regulated assets reported on the 1998 Form 1205 and those reported on this filing, Suffice to say that such re-valuation has been considered aWapriste for raternitEng and adjustments do not apgw warranted. ANALYSES OF THE Fr.INGS Project Objectives and Activities The project objectives art three-fold: 1. Assessment of the completeness of the filings with regard to the information and documentation that must be filed with the City. , Based on the Independent Auditors' Report dated February 19, 1999 the appticatios ofpurchase accounting pmMes a difrerem cost basis on which the financial stateireats are and will eominue to be presented wbsequent to the purchase 31 t Ef kk Richard Foster may 9, 1999 R Page 3 2. Assessment of the reasonableness of the proposed computations in tight of the purchase by Vulcan Cable (Paul Allen), FCC regulation and recent FCC rulings. 3. Assessment of the reasonableness of the proposed computations in light of Marcus' proposed method of aggregation and methods of data gathering. Given these objectives, C2 conducted the following project activities: a Review of the filing to assess the completeness based on the FCC Fort instractions e Review of the filing to identify any issues with respect to the data and/or methodologies employed by Marcus a Review of financial statements subsequent to the purchase of Marcus a Submission of follow-up data requests and subsequent review of Marcus' responses s Conduct of follow-up telephone conversations with Marcus' representatives to discuss identified issues a Review of recent FCC decisions that may have an impact on Marcus' proposed methodologies or the City's alternative actions a Development of potential alternatives available to the City in establishing maximum permitted equipment and installation rates Summary of Findings C2 identified four main issues with respect to Marcus' proposed computations of maximuun permitted equipment and installation rates. The issues are: s Marcus inappropriately reported total net assets of the cable operating subsidiaries resulting in a higher than justif ed rate of return on assets. s Marcus inappropriately annualized depreciation expense by not considering an additional nine days of ownership by Vulcan Cable, o Marcus did not adequately justify an approximate 28'/a drop in the number of 1 regulated hours over those reported in its 1998 filing, s Marcus inappropriately excluded digital converters as a component of regulated equipment. A. Total Net Asset Reported Pursuant to the Form 1265 formulae, the rate of return on assets is based not only on the return authorized by the FCC (11.25°4) but also Is inclusive of federal and state income taxes, In order to compute the "grossed-up" return factor, an interest deductibility factor is compioA based on the actual interest expense of the Company as a percentage of the k, total net assets of the Company. In the filing, Marcus reported an interest deductibility factef of.2443 (Line 04d). Based on response to follow-up RFIs, Marcus represented ves stated that there had been an error i 32 c t i i Mr. Richard Foster r' May 9 ,1990 Pace 4 in the tors! net assets used in computing this factor. With the correction, the interest deductibility factor is.2459. The impact of this change is to reduce Marcus' proposed rate of return from 15.75% to 15.73% IL Annualiration of Depreciation Due to the acquisition of Marcus in April, 1998 and the tv-valuation of assets as of thO time, the depreciation expense reported in the December 1998 financial statements is not for a full twelve-month period Therefore, an annualization must be made from the amount that was reported. Marcus annualized the expense by taking the amount that was recorded on the books, dividing by eight (eight months) and multiplying by twelve. In C2's opinion, Marcus failed to take into account the additional days in April for which the reported depreciation represents. C2 recomputed the depreciation expense by dividing the booked amount by the total number of days subsequent to the purchase of Marcus and multiplying the result by 365 to compute a full year. Due to the assts re-valuation, the annual depreciation expense is also used as the accumulated balance of depreciation for each of the asset categories, i C. Drop in Regulated Activities Based on the filing, Marcus proposes to spread regulated costs over a total number of regulated hours that are approximately 28% (139,226) less than the number of hour reported in the 1998 filing. When asked to provide a detailed explanation of this drop, Marcus provided the following:1 , ' Sold the MarylamMlaware Partnership 15,067 Sold 10 Systems in the Marcus Cable Associated Partnership 34,290 Decrease in Equipment Basket Related Senice Call Activity in 1999 89,869 Although the drop in hour due to systems sales appears reasonable, in C2's opinion, the Company failed to justify the additional 90,000-drop in hours during 1998. Marcus responded to additional inquiry with a companywide report that showed the hours used in the filing, but was unable to provide any explanation as to the decline in regulated activity. A review of the costs assxiated with regulated activity showed that there was a reported { 8°1e decline in the costs from last year's amount. However, the We of the systems identified above also results in an approximate 8% decline in the number of total hour r ' A reported in the 1998 filing, Therefore, without additional supporting documentation, it is C2's opinion that Marcus has not met its burden to demonstrate that the additional r See Respotw to RFt No. 17, deed April 16, 1999. 33 c Mr. Richard Foster May 9. 1999 Page 5 decline of 90,000 from 1998 activity is reasonable. According to DA 98.1642, released August 17, 1998 concerning TCI's inability to fully justify a significant increase in Form 1205 rates: " An operator must demonstrate, as part of its justification, a reasonable premise of bow it has aggregated costs... TCl also has not met its burden of justifying how its averaging methodology produces reasonable equipment and installation rates." Marcus' reported 90,000 hours reduction in 1998 regulated activity has a significant impact on the 11SC that ha4 not been fully supported. C2's recommended adjustment is to add back these 90,000 hours to the computation. D. Regulated Rate for Digital Converter Rental Marcus filed a notice of rates on April 19, 1999 that indicated a rate for digital converter rental with and without digital choice packages. When asked why these converters were not included in the Form 1205 computations, Marcus responded that such converters were not regulated Pursuant to FCC regulatioru, 476.923: "The equipment regulated under this section consists of all equipment in a subscriber's home provided and maintained by the operator, that is used to receive the basic service tip, regardless of whether such equipment Is additionally used 1 to receive other tiers of regulated programming service and/or uartgutated service," [Emphasi s added) Clearly, an individual with a digital box will continue to receive the basic service tiet via such box even though it may not be required for such service. Based on further communications with Marcus, the Company provided a computation in which to demonstrate that the charges for digital converter boxes (within rates for unregulated service) are not in excess of a maximum permitted rate that would be computed i based on the Form 1205 formula Although the Comp" has not maintained such data in a readily available format to compute the aggrega}ed costa for the entire system, Marcos was able to estimate that a maximum permitted rate was in excess of either of the two package rates that were being offered for digital converter renal. r SUMMARY OF RECOMMENDATIONS a Based on the above findings and conclusions, the City should consider taking the following actions: 34 c \tr, Richard Foster h48y 9, 1999 s► Page 6 1. Establish a maximum permitted Hourly Service Charge of $34,96. 2, Accept Marcus' proposed $2.00 rate for the changing of den of service. 3. Adopt a maximum permitted monthly lease rate for ren„,::% cf $0.37. 4. Adopt t maximum permitted monthly lease rate for non-addressable oonverters of $2.23. (Thus accepting Marcus' proposed rate of S 1.19). S. Adopt a maximum permitted monthly lease rate for addressable converters of $3.63, (Thus accepting Marcus' proposed rate of $3,22),1 i 6, Require Marcus to file computations in the fume that demonstrate the maximum partnitted rates for digital cortverterrental. II C2 appreciates having this opportunity to worst with the City of Denton in review of the II Form 1203 rates. If you have any questions regarding this report or need clarifications as to the recommendations, please contact Ms. Connie Cannady at (972) 726.7216. Very truly yours, V, Lt,., C2 Consulting Services, Inc, J i i i I 4 w t Wits ;n Maraw' proposed Font I20 lea maxinmua perntlned rte for advaoesd r'alor addrasaabie~ converter of f3,l6 Mum has indicated that this box will not be wallable is dw Cky of Dentoo. 'therefore, if Msms introduces this type of oonverter dieing aw (ate year, k will tither hava to Oq for a new aquipnntot rate or only c6W the $3,63 &d for alt rddressabh oonvwdn. 33 t I 1 i i 1 tDc M .Li.N nmm.'.mnrw A.gnMh~'a>fI YNr-rnl N yy p, 1 rNfllll[Aa'A IL4'M MW WAMR pfTiW.ATM MAMMA ClW V%IL"A. 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IayY II I N 1 M f Irw 1 ilwwf 1 ' h f n ftw I.Iwow tort w{ourreR~vlnll 18w fr rr+r •i EIMy ww Irw b/Yar wY yi w7+1w ,JJ~w/r ~1ilVfYyrriMwlMw4 wY~M}YfM~~VWWOw/ ro !F ia~11rJ Y Maw rW M JrM aM~ l~f 1L! {llalrw wdi MLwbalw411sT~.11.rw.dy raa'. - -ifYMwYwwrir ~~~dai~wwlb f.r,l.r WwrYawip! ~ LJ1'L /Y~ r er Y 1d ~iWr7 . ~Ap rnro{c.Irowrrymmlr sWV. rua nAfMW IWOMTM PC" An rU MAS 1111494"W M*AMn (L 6 MM MU IR New IN1I MOM IaR MW N l m mu A, rlcmw J* t ii Yrr rf.cY Ynwrwl ylwlyilrf NIW wIwiM fi OM q.N. r 1 py 4 I t Y7. ~ ~ r r I 4! /♦r WU1. wob" h~iwilmiri Y• 'y i RESOLUTION NO. A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT A"CUS CABLE/CHARTER COMMUNICATIONS MAY CHARGE ITS DENTO, I CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City') is the Grantor of a cable television franchise by a franchise ordinance, Ordinance No. 88489 passed and executed on or about November 15, 1988, by and between the City and Sammons Communications, Inc. ("Sammons'), and the City, by Ordinance No. 95.191, passed by the City Council on September 19, 1995, approved the transfer of the Franchise Ordinance along with attached amendments to Marcus Cable Associates, L.L.C. ("Marcus'); and WHEREAS, on May 17, 1994, the City Council passed Resolution No. R94.019 authorizing the regulation of basic service tier tates w.d related equipment, Installation, and service charges for any cable television system operating within the City in accordance with the applicable Federal Communications Commission ("FCC') regulations; and WHEREAS, on July 16, 1998, the City Council passed Resolution No. 898.030 authorizing changes in the rates that Marcus may charge its Denton cable television subscribers for the basic service tier, associated equipment, and installation charges; and WHEREAS, on March 23, 1999, the City Council adopted Ordinance No. 99.094 (Ordinance Nos. 88.189, 95.191, and 99.094, and the Acceptance Agreements of September 12, 1995 and March 2's, 1999, are hereinafter referred to as the "Franchise'), transferring the Franchise from Marcus to Paul 0. Allen dba Vulcan Cable, Inc,, Vulcan Cable 11, Inc., Charter Communications, Inc,, and Charter Communications Holdings, Inc. ("Charter'l; and WHEREAS, the City, pursuant to the Cable Consumer Protection and Competition Act of 1992 ("Cable Act') and the rules and regulations adopted thereunder by the FCC and other applicable laws, is certified as a franchising authority to regulate the rates for the basic cable { service, equipment, and installation rates, and WHEREAS, in accordance with Section 8.136 "Rates", of the Code of Ordinances of the City of Denton, Texas and in accordance with Section XXI "Rates" of the Franchise, Marcus filed a petition with the City on or about February 26, 1999, along with FCC Forms 1205 and 1240, in conformance with this section and all applicable IAWa, requesting a change is its basic cable service, equipment, an; installation rates as above described, which the City is ce tified to j regulate; and i WHE.tEAS, the City held a public hearing in conformance wt.h Section 8-136 cf the f t~' Code of Ordinances of the City of Denton on April 20! 1999, after all Interested citirens had 42 I ' been properly notified in accordance with the taw, and all interested members of the public had an opportunity to be heard; and WHEREAS, to assure the rates requested by Manus/Charier are fair and reasonable, the City employed C2 Consulting Services, Inc, to review the rates, and C2 Consulting has filed its recommendations and report; and WHEREAS, as the local regulator of rates for the basic service tier, the City desires to make a rate ruling on the proposed rates submitted by Charter to be charged to subscribers of the basic service tier; NOW, THEREFORE, THE" COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECIION . Findings: (1) The City is the Grantor of a Franchise executed on or about November 15, 1988, by and between the City and Sammons. (2) The Franchise, as amended, was transferred to Mucus, in accordance with the terms and conditions of that oretinartce on or about September 19, 1995. (3) In accordance with the applicable provisions of the Cable Act, the rules adopted by the FCC, Chapter 8 of the Code of Ordinances of the City of Denton, Resolution No. R94-019, and other applicable laws, the City has undertaken all appropriate procedural steps to regulate the basic cable service tier, related equipment, and Installation charges. (4) In accordance with the applicable FCC regulations, on or about January 7, 1994, the City filed FCC Form 328 - Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition - with the FCC. (5) in accordance with applicable FCC regulations, on or about May 17, 1994, the City passed and adopted a resolution providing for the regulation of rates charged by cable television operators within the City for the basic service tier and related equipment and installation charges. (6) On or about February 26, 1999, Marcus submitted FCC Form 1205 and Form 1240 to the City. (7) On or about March 23, 1999, the City Council transferred the Franchise from Marcus to Charter. (8) Pursuant N FCC regulations and applicable law, on or about April 20, 1999, the City held u public hearing and gave the public adequate opportunity to`comment on the proposed rate request. Prior to the public hearing, the City regularly conducted meetings which wa i open to the public, in accordance with the Texas Open Meetings Act, Tex, Gov't Codoi ch. 551, and r Page 2 43 II w provided an opportunity for interested parties to present information to the City during the meeting of April 10, 1999, or at prior public meetings. (9) The City must act upon the pending rate request consistent with current FCC rules and regulations and other applicable laws. SECTION Il. Conclusions: (i) That for the period beginning June 1, 1999, until May 31, 2000, the maximum permitted rate for basic cable service (these numbers do not include the S% franchise fee) of 59.44 per month, is approval. (2) That for the period beginning June 1, 1999, until May 31, 2000, the maxin.um permitted charge for installation and hourly service (these numbers do not include the S% franchise fee) of $34.06 is approved. (3) For the period beginning June 1, 1999, until May 31, 2000, the maximum fee (these numbers do not include the S% franchise fee) for leased customer equipment of remote control - $0.37, non-addressable converter - $2.23, addressable converter - $3.63, advanced analogue converter - S3,63 per month, and changing tiers • $2.00 Is approval. (4) In accordance with C2 Consulting Services, Inc.'s report, the City finds that digital { converters are used to receive the basic service tier in accordance with FCC regulations, §76.913, that the City has a right to regulate rates charged for the use of this piece of equipment as a part of the basic cable service tier, and the City finds that the rates Marcus/Charter will use for digital converters are reasonable. SECTION III, Incorporation of Findings and Conclusions, That the Findings and Conclusions set forth in Sections 1 and Il of this resolution are found to be true and correct and are made a part of this resolution for all purposes. SECTION N. Orders for Action. Based on the foregoing Findings and Conclusions, the City Council hereby enters the following orders adopting the rates and requiring the following actions: (1) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, 1999, until May 310 2000, or until further order of the City, Marcus,'Charter will !,.3 permitted to charge a maximum ime for the basic cable service of 59.44 per month (these numbers do not include the S% franchise fee). (2) Purwant to current FCC regulations and applicable law, for th,, period commencing 1Lne 1, 1999, until May 31, 1000, or until further order of the City, Marcus/Chader will be A, , permitted to charge the following maximum equipment aaa installation rates (these numbers do l i not include the 5% franchise fee): Page 3 44 c t Uyikment & Installation Maximum Permitted Rafe Hourly Service Charge $34.96 Egu'2ment Charges ' Remote Control $0.37 Converter (Addressable) $3.63 Converter (Non-Addressable) $2.23 Advanced Analogue Converter $3.63 Changing Tien $2.00 (3) Pursuant to current FCC regulations and applicable law, the City funds that dfghal converters are a regulated piece of equipment, that the current digital convener rental rates are reasonable, and that Marcus/Charter shall be and are required to file with the City Manager or his designee computations, records, and other supp.-rting documents that demonstrate the maximum permitted rates for digital convener rental ~-4ddn six months of the effective date of this resolution. (4) This resolution shall not be reconsidered shou?d any further analysis pursuant to future FCC rules and regulations result in or indicate higher rates to subscribers, unless such future FCC Rules and regulations mandate that the City order such an upward adjustment. (5) The City Manager and the City Attorney, or their designees, are hereby authorized and directed to take action necessary to enforce the orders contained in this resolution, including, without limitation, to execute and file with the FCC such certification form documents or other i instruments or take any other actions as are now or hereafter may be required by the FCC rate regulations or applicable laws to enforce the rate ruling set forth herein, to defend this rate ruling in any appeal to the FCC, edministrative proceeding or litigation involving this matter. (6) That Marcus/Charter shall fully comply with the Franeidse and the recent case of CO), of Dallas v. FCC, i 18 F,3d 393 (5a' Cir. 1497), which requires cable television franchise holder to make its franchise payments on all groi s receipts, including money collected from and charged to customers that Is ultimately allocated ti pay the franchise fees. (7) That the City Secretary is hereby directed to send a certified copy of this resolution to Marcus 'Chatter. SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word hi this resolution, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding, shall not affect the validity of the remaining portions of this resolution, and the City Council of the City of Denton. Texas hereby declares it would ha, a enacted such remaining portions desphe any such validity. lr I Page 4 45 c I . I SECTION VI. That the City Council has found and determined that the mecting at which this resolution is considered is open to the public and that notice thereof wu given in sccordance with the provisions of the Texas Open Meetings Act, Tex. Gov't Code ch. 35 1, as amended. SECTION VII. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of_ .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. FROUTY, CITY ATTORNEY I BY: I j i I 4H LOL 1'OLIWr,4FelgLbv D.u/.1.YJf.IdtlalstM~N11,111M If / + Page S 46 t, u AOunN r1a`J_ 9- O~ D AGENDA INFORMATION.SHEET Oats AGENDA DATE: MAY 19,1999 DEPARTMENT: Engineering&Transportallon a~tt CM/DCM/ACM: Rick Svebla, Deputy City Mana¢ero S IMECT: CONSIDER AN OP.:7INANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOANNA MCNARY, RELATING TO THE PURCHASE OF 0,013 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 49); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. B&MA0l1NDj MS. McNary has executed it Real Estate Contract for the required right-of-way for the U. S. Highway 77 Widening Project. The contract amount of 319199.00 Is based on the fair market value for The land and improvements as determined by an Independent appraiser and reviewed by a separate appraiser for conformity and as required by the Texas Department of Transportation (T%DO'I'). The Appraiser and Review Appraiser services were approved by the City Council In 1997 (Professional Services Contracts} OPTIO-Y$I Not Applicable RECOMMENDATION: Staff recommends approval of the real estate contract between the City of Deeloa and Ms. .McYary for the purchase o( O.013 acres of land for widening U.S. Hwy. 77. PRIOR A .TIO"EVIEW (Council Boaevts CommiL:nn$). The Planning & 7aiing Commission recommended approval on July 23, W. FISCAL INEO MATIOM The purchase price is $1,199.00 plus dosing costs of approximately 3500.00, MAIP1 Attached i 1 ' Y i a u i Respectfully submittedi J rylark. rector Pre orrd by: Ea Bering do Tronsportatkro Paul williamson Right-of-Way Agent I i r I i 2 r I H NO SCALE ' i Y r i 1 Y r r'illt~' ~ Y 1 x i w.r LOCATION RUP i I1 I ~ f J Ja _ so J ~ I N♦ Owl ::.x.2:2:::;" ~ b~/a0~ X212:' VE i 48 1~ 1a 3S. 6~~ KY M41 w ! 49' W . L. 1 d N I r`r r. a I I!O ili i 49 ; f ~~+I 1 I' 382 S.F. OR 0.013 AC, ifT! IIA~ + r Planning and Zoning Minutes July 23, 1997 Page 2 M. Schettz: Are there any other nominations? It there are now, nominations are Closed. We wilt vote on the nominees is dye order of their ttomlmdon. I will then after 1 am through it you wilt raise your ttght Hit their tome and hand it you are in favor. As maoy As are in favor of Jim Tistgelbrwbt please raise your right hand. (Vote _ in favor of Ellen ScherU please raise your rig& hand. (Vote • 4) 3) As MACY are The new Chair, person by majority h Elea 3cheitz. 'Thank you For the second nominee we will be electing Vke-Chair person. The floor is open. Ms. Apple: I would like to nominate Bob Powell. Ms. Schertz: Are there any further Domination ? Mr. Moreno: I would nominate Jlm ftelbrecht Ms. Scherm Are there any }hrtlw nominations? Seeing arse, nomttutions are closed. Ai many as Me ht favor of Bob Powell, please raise your right hand. (Vote • 4) Seeing there is A m4lority, the new Vlce-Chair person will be Bob Powell. Congratulations. M. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing note, the minutes will stand approved u written. IV. Consider making recommendation to the City council, for the acquWdon of the Right-of- Way for U.S. 377 from F,M. 2164 to 1.35, Mr, Powell: That's not 377 but is 77. Ms. Schertz: You are correct, Let the miautea reflect that. Mr. Powell: I would move chat we recomn*W to tiu City Coma the Acquisition of Right-Of•Way for US 77 from FM 2164 to 1.35. Ms. Gamer: Second. Ms. Schein: Is there any discussion? All in favor, please raise your right hand. Motion p mes, (7-0) V. Comider making recommendation to the Ci Way for Lakeview gonlevard, t3' Council for the acquIsldon of the Right ot. Mr, Powell: I move that pis Malta t c of the Right-offor Lalavtew & go%devaendadon to the City Council fist the aogttbidon ntevard. .Mr, P.ogelbrecht: Second. 5 i i ORDINANCE NO, AN ORDINANCE APPROVING A REAL ESTATS CONTRACT BETWEEN THE CITY OF DE.NTON AND JOANNA MCNARY RELATING TO THE PUROIASE OF 0.013 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 49); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON. TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract bevveen the City and Joanna McNary In substandally the form of the Real Estate Contract which is attached to and made a pan of this ordinance for all purposes, for the purchase of 0.013 acres of land for the expansion of U. S. Highway 77 (Parcel 49). SECTION 1. That the City Manager Is authorized to make the expenditures as set forth In the attached Real Estate Contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. P, .SSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. i F 6 i~ C REAL YBTATZ CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between JOANNA McNARY (hereinafter referred to as "Seller") and CITY OF DENTON, TMAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller heraby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall p%y all cost for the removal, installation, construction, reinar,allation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by JUNE 1, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the aum of 91,199.00. 2. Payment of purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the i transactions contemplated hereby are subject to the satisfaction following priorf to which the Closingwaived in A, c 1. Preliminary Title Reoort. Within twenty (20) days after ~lr \ the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies 7 V Of all etc affecting documents et relating to easements, rights-of-way, cting the Property, Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is o: is not satisfactory. In the evert Purchaser states the condition of title is not satie.•actory, Sellor shall, at leller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser, In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposesi otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes, 2. Surv_y. Purchaser may, at Purchaser's sole cost and duly ~~licensediTexasulandtsusurvey rveyoroaccept blaetoyPurchaser. bThe survey shall be staked on the ground, and shall show the location , of all impr:,vements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof, Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the , unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do I so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all Deposit shall be returned by the purposes and the Escrow Purchaser's failure to give Sailer this ew written notto rch. ice ushallebe deemed to be Purchaser's acceptance of the survey. 3. Seller's Com4liance, S911er shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performedi observed, and complied with by Seller prior to or as of the closng, / AE100AF'E PAGE 2 8 U REPRESENTATIONS ANC WARRIXIES OF SELLER ' Seller hereby represents and warrants to Purchaser as follows, whicl, representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: PropertyTasrlesseest teparties in ossession nants at sufferance,otrespassersooroother Firties, 2. Except for the prior actions of Purchaser, there is no assessmentror suitte affects g titlento these of ert pr oreanng or thereof, not to the best knowledge and beliefp of ySeller any part such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, ' regulatiois, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as a,nend9d. CLOSING The closing shall be held at the office of Dentex Title , Company on or before June 30,14990 or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seile~ r~_s_ Reoairemets, At the closing Seller shall: A, Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, as4sssments, ahd restrictions, except for the followings ArE00AtE PAGE 3 9 C lr E I 1• General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Oblfaations here- oft and 3, Any exceptions approved by Purchaser in writing, B, Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those t itle exceptions listed in Closing Requirements hereof, such Purch aster r and the exceptions printed approved exceptions wcontained in the usual form of Texas owner's Policy of Title Insurance, prcvided, however., 1. The boundary and survey exceptions shall be deleted ii' required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser! 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"t 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable") and 9. The exception as to liens encumbering the Property shall be endorsed "None of Record", C. Deliver to Purchaser possession of the Property on the day of closing. 21 Purchaser's Reouirements. Purchaser shall pay the consideration as referenced in the "Purchabe Price" section of A,.; t• this contract at Closing in immediately available funds, r a ME008M PAGE 4 10 f _ I c c~ 1 3• Closlo Coats. ~ t„ any tax coilFCtio' ~thoSiller shall pay all taxes as f other Costs and Y through the date Closlnsed by purchase of the pr~pQr~s of closing In consummationf g' All be pall by Purchaser y not specifically allocated V the and hereinlshall REAL ESTATE COMMISSION All rbl;gations Of the brokers' fees Seller and Purchaser for payme are contained in separate written agreements. 't of BREACH By SELLER In the event Seller shall fail any of its obligations hereunder to full sale of the Property or shall falla~d timely perform either enforce except Purchaser's default "onsummate the terminate this Agr ementitoY performance of this g reement may written notice delivered to Belleor. BREACH BY PURCHASER to sailer. In the event Purchaser should fail to consummate the of the Property, the conditions forth in PURCHASER'S OBL2 t° Purchaser's purchase Purchaser being set OSelig' having been °eatlsfie~ performance ofthis in default Seiler may either enforce sand written notice delive ed to ant, or Purchaser. Peclfi. this Agreemnt by y MISCELLANEOUS 1 Assignment of Agreement by Purchaser without to- This Agreemnt ma ' Press written ccin:ant of Sellec~ rarities assigned Survival of Covenants. , covenants, and agreements Any of the representations, war- tights ti and benefits of tes the parties, as well as an time following the closlnq of • pertaining to a hereby shall survive the closing the transactions period of q and shall not be mRr ed theren, 3. Notice. 4 therein. hereunderr hall be ydenotice emed required or permitted to be delivered mall, posts a received vhen sent b addressed g e certified mall, return recel United States addrass settforthlbeneathpthehsign* as the p requested, ature of the partay. be, at th"- ~)r1 AEEOGAFI PACt S i1 C I I 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligat!ons of the parties created hereunder are performable ir. Denton County, Texas, 5. Parties Bound. This Agreement shall be binding upon and inure to the benofit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Leal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and thi9 Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior .1,,greeme4ts Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any . prior understandings or written or oral agreements between tLe parties respecting the within subject matter, 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. i 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11, Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection, 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. r PJ EOOefE PAGE 6 I 12 I I I DATED this day of , 1949. SELLER PURCHASER THE CITY OF DENTON, TEXAS \vr a ' Y ' BY: E n KcNary Michael N. Jez City Manager 215 E. McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY OF D"WO'1 "his instrument is acknowledged bafore me, on this day of o 1999 _ ' of Canton, a municipaYl Michael corpora i W. on, eknown to me to rbe the h person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for psrposes and consideracion therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this QL_, 1999 by JoannaMcNary' day of x Notary PWlic in and for the State of Texas AEE008FE PA,'E 7 13 c• -I EXHIBIT •A• County 2t= Highway US. 77 Pool I of 1 Project Limits: From 1.li.~30 CSJ: Rev. 001101114f 27, 1884 0196.Q2. To us -m Account: _ FIELD NOTES FOR PARCEL. BEINO A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JAMES W. Ow6NS, SITUATED ISENPAGE 104, DEED EIMER SURVEY, ABO8 RACT Np 8ON C~ OF D IN THE NH VOLUME ME ENTON ~DE COUNTY,yTEXAS, AND AEINtl MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINO for reference at a found 616.Inch ken red for the northwest ocmw of Said Owens being a point on the existing South right of way One of Takfwa Avast, tract came THENCE S 864 08' 16' E, along the exiadng south Aphl of way line of Tatlsfcrro Street and nwlh property line' of Sold Owens tract, a distance of 74.70 feet to a to 5AWnch Mon rod with an aluminum cep being the POINT OF BEOWNINO, Same being a point on lace new west right of wry and of 11,8, 771 (1) THENCE 9 884 06' 184 E, along a one oemmen to Said Owens tract and said street, a distance of 26,30 feet to a point, being the nontiom corner of sold Owens tract, and said point 1NUlg on the exiating west right of way 8m of U.S. 771 121 wTHEN CE 3 03 0 ay Me of U S. 77, a distance off 76,00 }at to a found 1 /24neh Man rod for the southeast comer a One cormon to Sold 0 N trSot amid o*tlno west right of of sold Owens tract,. (3) THENC2 N 884 00' 204 W, along the a" am of Sold Owens tract, a distance of 4,68 feet to a the northeast comer of a 0.280-we point on the now west right of way am of U.S. 77, from which a found 1/24ch Iron rod being Volume 1087, W $00 OROCT, boars N $8 of land 001 200 conveyed istto Otbraltv ance 0 2 Win ed b (4) THENCE N 034 30'414 E, Wang tha new west right of way Me of U.S. 77, a dlatandd of 66.83 foot to a set 6/8-Inch rod with an slunrfmrm cap, (b) THENCE N 424 191 06• W, sang the new west tight of way IMn of U. S. 77, a distances of 28.23 feet to the POINT OF BEOINNINO, and containing 0.013 more. (W 862 aquae feet of WW, mom a Ieas. John F Wilder, A,P.L,S. u~ rr Tints No, 4186 ,$,~,f,,,.Lr ~f„u„).,, Oats Jd, rt ',ti':LptEA R' e 4~c:4 A f1~`~°P,at0' V 14 swrr~w t a c. Tam Dgwuav ot'tltiagarbtim EXHIBIT "6" Faro 0-M14 . ns. r ars tt... 9/e1 4. . DEED nM STATE OF TEXAS Comm OF KNOW ALL MEN BY TESQ PRESENTS: That, i of that County of State dims, buebwAn re med to as am morn, whether one or more, for end in ooatlderadan of the am of j vollm ) to in huA hiclr Lpby the State of Teltae, t a" Cawinlon, of by admowled~ed, and far no lien day Sold and by the"golam do Gtw, Bwpkk 34 and C net woo ft Stab ~Toim dt 6manain n!< or►irt offuld a,dy Tomm fa e4y md.u purpo.a. SAVE and EXCEPT, BOWEVER, it Is armly uodmWod and Wood that Owuou ere rtnainlnj d116 to that &VOW 3 Lnprove m m located an the property &@aged In said Sahl6dt "A," b wit Ormors covenunt and a3roe to remove the al4ove improwaoentss 6oea ofd lead by the ior` ~bjeet, bnvvw to 14th wamul ro of trine es may bo Snced by ehe State !n wru' in3; end019 time prosrxibed, than, whboui my 9bdm c noond -no , da to all orr any p sloe wirhtn mvkriod of not ro ranoved altall pas to and vealn the State of Teas iboewr. Oamors reserve all of the od,~as and snip w In ad mdw the lent! hsseln but waive ati of lapras and eSreu to the surtet a d4ereof for the pw~o~ oft *04 duel at rom ddM4 sure; P&wever, nothing In this rmnesdon shall eA~eci do dde 1d rW& of imtc take and use arr other minerals and materiels thetean, therein and thatemtdrr, , t~ s G 1 1 Taue Depamneat of T1'eaepm,mian Farm D-IS•l1 P.p 1 of S Rav. 9Nl TO HAVE AND TO HOLD the poemka herein descnIW and hereits cmtveyed tordat wish dl and tlapular the d V thereto in any wits balm*g tesoo 10 Stue *(Tun seed lu aeel~ forever, and mtose do bled oureelva, our heir, mteentotat atlmiaiafrom eucaaaon ead sa• alms to Wamt ead Fames; Defend di and akSWu the raid p herofa ronveyed t>t>ro the State of theTcltreasof. and ire usipss ejeittat every pmon Whomsoever lawfully~ clairrlinS er to cWm the same a any pan IN WITNESS WHEREOF$ thla husro nw is "*COW on this do day of i r•►•►r►►►►r►«r►«rrr«►r►►«r►►r►►►►r►rr►a+«r►w err«r►►r►►r►uaaa««►rr««r►►►►►r+s►► THE STATE OF TEXAS, ACKNOWLEDGMENT' 'COUNTY OF ! 1113FORB MA the ondwdpmd, a NotW Tablfe. a thk day "naftlty appeared to me De a* Ck known to nw (or Bows) v*d 19(am) ceubtaibed to the fae k>aWa«ot a otedibk witaNC) to be the p~W~whote puryotet and oooddendoo thtrdo expwwrdaowkdpd lame thq heh64hhey exeaeed rho true for the OtVM UNDER MY HAND AND SEAL OF OM M this day of , I9 t4" A"t, swe of Texu i , MY cNaftwae wfim an fr dq of «►a r««r►►r«►«rr «►r a ««►►r r►«a«►arrra►««►«►rrr►r•«r «u►«r►««o►a«►«raa►►►ra►r► THE STATE OF TEXAS, CORPORATE ACKNOWLEDGMENT COUNTY OF- I BEFORE MA the nodenltptad, & Nmq puWc, all this day Posway appeared ttw to be the pttetoe tad OMM wbooa ON* k oabtedbW so b tae{ kilroook eed AMA so ted ds to wao the ad of the odd tM "arse duty sudtatzed to perform thet>an1! a a4 &M hohbe was axeattd the wne u the aA of ottct by ~ tMOludm of tb 6oatd of dkeckta of ottab eatpotadoe.ed abet biythe tharela weed aaPondao far the paepoete and ooetidatrdoe thetde eapnwd ad le dA typaotty GrM UNORR MY HAND AND SEAL OF OpMC& d" day of A Netaq POW Stye of Tmu My CommWim &41m an dw day of 16 will r u RaTWAI o QI NUM d7ygMpWk ae hpid7 R". "I After recording pure relrra tbk Wirnmml to: ~ ~h A z C=ATIl7CATi Of XICORDiN0 THE STATE OF TERAS, ' COUNTY OF ' 17 t c .panda No.~ - J'~ AGENDA INFORMATION SHEET Os him=. ' AGENDA DATE: Stay 18,1999 DEPARTMENT: Engineering A Transportation CM/DCM/ACM: Rick Svehla, Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE APPROVING A REAL. ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W.C. ORR, 111, GENA ORR WILKS, DOROTHY ORR STOVAL, ROBERT EDMOND ORR, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF WALTER E. ORR, SHARON ORR DVNCAN, AND CONNIE GRIFFITH, RELATING TO THE PURCHASE OF 1.370 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 40); AUTHORIZING THE EXPENDITURE OF FUNDSTHEREFOR; AND PROVIDING AN EFFEL71VE DATE. BACKGROUND, Mr. W.C.Orr, III et al have executed a Rea[ Estate Contract for the required right-of-way for the U. S. Highway 77 Widening Project. The contract amount of S71,588.00 is based on the fair market value for the land and improvements as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by the Texas Department of Transportation (TxDOT). The Appraiser and Review Appraiser services were approved by the City Council In 1997 (Professional Services Contracts J P'[ Y• 1 Not Applicable RECOMMENDA1.101N. Staff recommends approval of the real estate contract between the City of Denton and Mr. Orr, 111, et al for the purchase of 1.370 acres of land for widening U.S. Hwy. 77. PRIOR ACTION/REVIEW (Council Boarder Commissions): The Plann)ng 6 Zoning Commission recommended approval on July 13,1997. FISCAL INFORMATION: The purchase price is $71,588.00 plus closing coats of approximately $1,500.00. 1 c U MA . Attached Respectfully submitted: Prepared by,- #to rk, tre ctor ing do Tnaeportation P:.ul Williamson Right-of-Way Agent . Irk pf x 2 .r Nrr-rr.r ~ 4 1 ~ v . C t. i f f ! I i 1 H NO SCALE I 4~ A w6h U t I IN en r V Y r I + it 1 r I ♦R' 1 f r OWN I ..a LOCATION MAP 3 G rp ! i!I ' j K . 41~p. f 4011 • u 1 ~ 1!l i I 1 N JJl fill it f; ~ I 40,, e l W.C. ojtR 696G. l l 6liE57 S.F.OR 1.370 AC, l REM. • 0.000 AC. i I I j I rt ~fMY M j•3 ~ I ~ll~;j• J ; ~ : M r j r. c, i Planning and Zoning Mlaates rely 23, 1997 Page 2 Ms. Schertz: Are there . hh will vote oa the ~miaadom7 Mbere are none, aombMons are closed. We =aluees In rhea after I am throe order of their nomination. I will list their came i t are is favor of ih If you will raise your right hand if you are in favor. As in favor of of Jim gqelbrecht pity= raise your rI& hand. Nom - 3) AU many as are many as Ellen by maJority b 611eaScher PICUe YO right hand. (Vote - 4) The new chair person For the second nominee we will be electing MM-Ch&1r person. The floor is open, Ms. Apple: 1 would I&* to nominate Bob Powell. Ms. Schertz: Are there any lhrther nomiaadons? Mr. Moreno: I would nominate Am &gelbrecht. Ms. Schertz: Are there any &rther cominations? Seeing none, nominsdons are closed. the ~i majorityin fkvor of , the new VicePower pl=us mice your tight hand. (Vote • 4) See' Person will be Bob Powell. Congmtuladons, M. Consider approval of the minutes of the luly g, 1997 meeting. Us. rtz: Are there any corrections? Seeing none, the minutes will stand , as Written. approved IV. Consider MW M recommendation to the City Councll for the acquisition of the Right-of. AOVN~ Way for U.S. 377 from F.M. 2164 to 1.35. 1 Mr. Powell: That's not 377 but is 77. Ms. Schettz: 'You are correct. Let the minutes reflect that. Mr. Powell: I would move that we recommend to the City Council the acqubldm of RJght-of-Wiy for US 77 from FM 2164 to 1.35. Ms. t3umn Second. M Ms. SChem: Is them any discunioa? /.11 in favor, please raise your right hand, Modon Pasty. (1•p) V. Consider making momoftesdon to the Cl Way for Lakeview Boulevw. tY Council the +oQuJsWorl of the ktlght of Mr. Powell: 1 move that we malro Of the Right-0f-Way for Lakeview BOUL.V recommendation to the City Council for t>be acquisition Boulevard. Mr. F-ageibnxbt: Second. s t. ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W.C. ORR, III, GENA ORR W1LKS, DOROTHY ORR STOVAL, ROBERT EDMOND ORR, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF WALTER E. ORR, SHARON ORR DUNCAN, AND CONNIE GRIFFITH; REI ATING TO THE PURCHASE OF 1.370 ACRES OF LAND FOR THE EXPANSION OF U. S HIGHWAY 77 (PARCEL. 40); AUTHORIZING THE EXPENDITURE OF FUNDS THLREFOR.; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Manager Is hereby authorized to execute a Real Estate Contract between the City and W.C. Orr, III, Gina Orr Wicks, Dorothy Orr Stoval, Robert Edmond Orr, Individually and as Independent Ex xutor of the Estate of Walter E. Orr, Sharon Orr Duncan, and Connie Griffith, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 1.370 acres of land for the expansion of U. S. Highway 77 (Parcel 40). SECTION That the City Manager Is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the, day of : 1999. JACK MILLER, MAYOR ATTEST: ti JENNIFER WALTERS, CITY SECRETARY I BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY o BY; 64L S c REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT Of SALE is made by and between M.C. ORR, III, CENA ORR MILKS, DOROTBY ORR STOVAL, ROBERT ZM= ORR, INDIVIDUAL and as INDEPENDENT EXICUTOR of the ESTATE of MATTER E. ORR, SSARON ORR DUNCAN and CONNIE GRIMTE (hereinafter referred to as "Seller") and CITY OF DINTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terns and conditions set forth herein. PURCHASE AND BALE Seller hereby sells and agrees to convoy, and Purchaser hereby purchasee and agrees to pay for all that certain treat, tot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, + and conditions hereinafter set forth. seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements locsted within the property described in Exhibit "A", Any improvements not removed by June 10 1999 shall become property of the City of Denton, Vexas. PURCEASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $11,588.00, 2. Payment of Purchase Price. The full amou,t of the Purchase Price shall be payable in cash at the closing, PURCEASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the (1; transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 7 c f J 1. Proliminazy Tit1a Roeort. Within twenty the data horeo l t~ a-t-s lr,a have solo sort and expense, (20) days after caused the Title Company (hereinafter defined) to issue la owners policy commitment (the „Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, eta-, affecting the property. Purchaser shall give Mellor written notice on or before the expiration of ton (10) days Purchaser receives the Commitment that the conc:ltion of titleaftaesr set forth in the Commitment is or is rot satisfactory. In the event Purchaser states the condition of title is not satisfactory, 8e11or shall, at Sellers option, promptly undertake to eliminate or modify all unace reasonable satisfaction of Purchaser. I ntheel event Seller tis unable to do so within ton (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all Purporesi otherwise, this condition accoptabla and any objection thereto shallabo be deemed waived for all purposes. deemed to have been en 2. B%uy_U. Purchaser expense, obtain a Darr may at P'o'oh+sor'• solo cost and duly licensed Texas rrentasurvey of the Property, prepared by a land survey shall be staked on the ground, acceptable to Purchaser. The of all improvements, highways, n ground, and shall show the location cranks, or other water curses,sfencets, easementailanddrights--of- way on or adjacent to the property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the rumbor of total some comprising the Property, together with a notes and bounds description thereof. Purchaser will have ton (10) days after receipt of the survey to review and approve the survsy• In the event the survey is unacceptable, than purchaser shall within the tan (10) day Period, give Seller written notice of this fact. Moller shall, ■t Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Mellor is unable to do so within ton (10) days after recaipt of written notice, Purchasor may terminate this thereupon be null and void for ally and the Agreement shell Deposit shall be returned by the TitleCompa and the laser. Purchasers failure to give Mellor this written notice hall be , daen.ed to be Purchaser's acceptance of the survey. ftie 3. a, a served, and lcompl od lith all Mellor shall haw porformod, ob- of the covenants, agrobments, and AEPQOOJrZ PAG= 2 8 c ~I I ~ I conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES or SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dater 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties, 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Proper,y, or any part thereof, nor to the best knowledge and belief of 8e11er is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and reatricticns relating to the Property, or any part thereof. 4. To the best of the sellorls knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes a same are defined by the Resource Conservation and Recovery Act (RCRA), as amendod, and the Comprehensive invironmental Response Compensation and Liability Act (CERCLA)0 as amended. CLOSING The closing shall be hold at toe office of Dentax Title company on or before June 30, 1999, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is heroin referred to as the "closing date"), CLOSING aEQVIROMMTS 1. Ballads Reauirsrunts, At the closing Seller shells A. Deliver to State of Texas, acting by and through the , Texas Transportation CosaLasion a duly executed and acknowledged Deed in the fora as attached hereto os Exhibit "i" conveying good and marketable title to all oil AEE009PE PAGE 3 ik 9 C k the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, axcept for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaeee m obligations here- of; and 3. Any Oxceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title Company as Seller and Purchaser nay mutually agree upon, in Purchaser0a favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Acquirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas owners Policy of Title Insurance, provided, howeveri 1. The boundary- and survey exceptions shall be deleted it required by Purohaser and if so required, the costs associated with same shall be borne by Purohasert 2. The exception as to restrictivo cove- nants shall be endorsed "None of Record"t 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Duo and Payable"t and 4. The exception as to lions sn%imbering the Property shall be endorsed "None of i Record". C. Deliver to Purchaser the day of closing, possession of the Property on Ast00817C PAQ 10 c i I { 2. Purohaaer1s Ae i consideration as t referenc~id ins „ Purchaser shall pay the this contract at Closing in immediately arailabl• f ~ ection of 3, Closin_ q Cow. Se11sr shall pay all taxes assessed by anyhextaxcoals collection authority through the data of Closing. All ot and axpensss of closing in eonaussating the sale and purchase of the Property not specifically allocated herein shall bo paid by Purchaser and Seller, RZAL MATS C0OWC91CH All Obligations of the Seller and Purchaser for payment of bzokersl fees are contained in separate written agreements. &MCB BY SZLLZR in the event 8e11er shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purohaser's default, Purchaser may either enforce specific performanco of this terminate this Agreement by written notice delivered ot Agreement NAZA08 BY PURCZASZA in the event Purchaser should fail to consummate the purchase of tae Property, the conditions to Purchasers obligations not forth in PURCSASZRIS OZL20ATSOMS having been satisfied and Purchaser being in default seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser, kZSCZLLANZ0U8 1. Aas___i mmsnt of Aoreemanl, 1 by Purchaser without the This Agreement may be assigned express written consent of Seller, ` 2. Survival of Covenants, Any Of the representations, War- ranties, covenants, and agreements of the parties, as well as any rights and benefits •,f the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein, AZZOOBlZ PAOZ 6 11 3. Notice. Any notice required or permitted to be delivered hereunder shell be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. S. Parties - - bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns vhere permitted by this Agreement. b. Leval ,&I visions Construction, in vase any one or more of the pro- E-M in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be Construed as if the invalid, illegal, or unenforceable provision had never ` dl been contained herein. 7. Prior Agreements Superseded. This the soli only agreement of the Agreement constitutes prior and .endings or written or oral agreements supersedes t the parties ra rectlnq thn within subject matter. S. Time of Essence. Time is of the essence in this Agreement. 9. Condor. Words of any gender used in this Agreement shall be hold and construed to include any other gender, and words in the singular number shall be hold to include the plural, and vice versa, unless the Context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall prasptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance, 2n accordance with the requirements of the Texas Real Estate License Act, Parohasor is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract corerinq the Property fir'"~ + examined by an attorney of Purchasers own sslaction. AtE00M PAC! 6 E 12 C• U 12. Tima~ Limit. In the avant a fully axectitod copy of this Agreement hai not bean rsturued to purchaser within ton (103 clays attar PurcMs*r execntss'this Agreement and delivers same to - ter, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. i DASD thl,a day of , 1099. SiLLiR PUACRUn TS,'! CITY OY DtNTONO Tnu Jig SY: N.C. ORR, III Michael N. J~a Q SNA OAA Wj' I ks city Manager 215 X. U*Xinney P, 0. A , Denton, Texas 0201 ORR NILAS DOAOTRY OAR SWM Mai iC11011D OAR, INDIVIDUAL and as INDEP.tNDZW WMCOTOa , of the 2STATS of NALTU i. on I Baum oRR DM CM f ` GONNit OAIltITS A~oosrs PA= 7 l f3 i t, STATE Or TEXAS COUNTY or z)nnoN This instrument is acknowledged before me, on this day of 1999 by Michael K. Tex, City Manager o! the City o! Denton, a municipal Corporation, known to as to be the person and officer whose nacre is subscribed to the foregoing instrument and ackno;:ledged to se that the scree was the act of the said City Of Denton, Tamest a municipal corporation, that he was duly authorised to perform the same by appropriate ordinance of the City Council Of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expresned, and in the capacity thnrain stated. Notary Public in and for the State of Texas STATE Or TZXU COMM Or DZWJN 3is instrument is acknowledged before se, on this d446 r i 199 by W.C. ORR, 111. ~Y of ' fl~.fMllA T. EIERT t4wy►rMllrtAirr 1t 1• l U& > rroO*= 0 ry Public in and !or Al a state of Tuns STATE Or TEXAS COMM Or DENTON This instrument is acknowledged before me, on this - ~fGh , 190g. by an On WzUW. dal of 40. raw T,EBERT ' . . ~'rhY~Iw~fT`y y +c+.errgrr o ry Public in and for state of Texas 1 f AlE008r! PA= 1 t4 r c; •1 12. Timo Limit. In the wont a fully exocutod copy of this Agreement has not boon returned to Purchaser within ton (10) days after purchaser executes this Agreement and delivers same to Sel- ler, purchaser shall have the right to terminate We Agreomont upon written notice to taller. DATED this day of , 1999. SELLER PVRCHASER TEE CITY Or DIWM, T=U N.C. ORR, III EYt Michael-W. Jas City Manager 213 Z. McKinney UNA OAR g1-LK8 Denton, Taxae 76201 DOROTHY qAR STOVAL ROBERT EDM M A t, INDIVIDVAL and as INDEPENDENT EXECUTOR of the ESTATE 6 iMt,TER X. ORR SHARON OAR DW(9W CONNNIE ORII'rIT~ H ` l AIE008rX PA09 7 15 r 'I I +r STATE OF TEXAS COUNTY OF *Z"T N riil'r'wyL, - a This instrument is acknowledged boforn me, on this day of 1993 by DOROTHY ORR TOW4. Rotary He in and for the ata of Texan STATE OF TEXAS COUNTY OF DENTON Shia instrument is acknowledged before me, on this da of 199,_ i~y ROBERT EDMOND OAR, y Notary Public in snd for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before moo on this day of 199 by SKARON ORR DUNCAN. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY Or DENTON This instrument is acknowledged before me, on this day of , 199 by CONNI% ORIMTB. Rotary Publio in and for ti Aj:; the State of Taxaa MOMS PACE 9 ` 16 I i U U i 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten 110) days after Purchaser executes this Agreement and delivers same to days 8*1 ler, Purchaser shall have the right to tezmina~.e upon written notice to Seller, this Agreement DATED this day of 1999. SELLER PURCHASER THE CITY Or DENTON, TEXAS W.C. OAR, III BYt City Manager 213 E. McKinney OENA OAR WILH3 Denton, Texas 16201 DOROTHY OAA STOVAL R09EAT EDMOND ORAL rNDIVIDUAL and as INDEPENDENT EXECUTOR Of the ESTATE of WALTER E. ORR 3HAAON ORR bUNCAN Ile OtC JNIE p' Ip H / AEE00AFE PAGE 7 i 17 sss~ CIt STATE OF TEXAS COUNTY OF DENTON This instruument is acknowledged before me, on this 199_... by DOROTHY ORR STOVAL. day of Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this , 199` by ROBERT EDMOND ORR, day of Notary P',Wlic in and for the State of Texas J' STATE OF TEXAS j 1 COUNTY OF DENTON This instrument is acknowledged before me, on this 100. by SHARON ORk DUNCAN. day of Notary Public in and for the State of Texas STATE OF 7011h "lsfgy{r~ COUNTY OF DEu= Q i T s instrument is acknowledged before me, on this-4e-- 1991 by CONNIE GRIFFITH. day of Notary p is in and fo th• State of =4,0 /qyI g rf1 ' AEE008FE PAQE 9 I 18 I C c. 12, Time Limit. In the event a fully exocutod copy of this Agreement has not been returned to Purchaser Within ton (10) days after Purchaser executes this Agreement and delivers same to Bol- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 1949. SELLER PURCHASER THE CITY Or DENTOM, TEXAS W.C. ORR, III SYS Michael W. Jes City Manager 213 2. McKinney dENA ORR WILK9 Denton, Texas 76201 DOROTHY ORR STOVAL ROBERT EDWI ORR, INDIVIDUAL and As INDEPENDENT WCECUTOR of the ESTATE of WALTER E. OAR I SHARON ORR DUNCAN CONNIE HIFFITH j r AEE008FE PAGE 7 19 c STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of 190 by DOROTHY OAR STOVAL. Notary Public in and for the State of Texas N STATE OF TEXAS A COUNTY OF-M=M- C^ua d A 1kfko This instrument is acknowledged before me, on this _ day of T , 199 , by ROHEAT SMOND ORR. r MOGY A. DAYMMOW Nwy►MkSW.elt~ri Not lic in a for the State of Texas STATE OF TEXAS j,44 COUNTY OF Damom Ci i/l/ti►.1 1 This instrument is acknowledged before me, on this /Y4 day of ,,6 199 q by SSARON ORR DUNCAN. fADRIAN 0. LK TUN Notary Public r the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of 199_ by CONNIE GRIFFITH. Notary Public in and for the Stato of Texas AF.EOOSFE PAGIC 9 20 c 4 County 11= EXHIBIT 'A' Highway U.S. 77 Pape I of 1 t Protect Urrju: From LU,,O6 CSJ: Qe,D2 To U.S. Rev. October 27, tog 4 Account-. FIELD NOTES FOR PARCEL AQ BEING A TRACT OF LAND CONVEYED TA W.C. OR;, RECORDED IN VOLUME 197, PAGE 75, DEED ACCORDS OF DENTON COUNTY, TEXAS 1ORDCTI, AND BEING SITUATED IN THE 8.13.8. A C.A.R. SURVEY, ABSTRACT NO. 188, CITY OF DENTON, DENTON COUNTY. TEXAS, AND BONO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found highway monument being the most ea 128.891•scm tract Of land t~veyed to Bob E. Tripe and David 6 TdDF f ~T uots", as at record recorded d a Volume 898, Paps 378, DROCT, and sold point being an the wet right of way ay Me Me o of FM 2164FM 2104 In ; THENCE S 000 53'08' 1. slang the asst Ono of said Tripp tract, a dlsancs of 101.54 tut to an ongN point. THENCE S 006- 19' 08' E, cominuing slong said Roe, s deans of 33.30 foot to an angle point THENCE S 01.01' 62' W, condo ~4np along said Brae, a dstance of 723.70 foot to a point being the northeast corner of say On, tract and the sous least comer of sold Tripp trsasnd say point being the POINT OF BEGINNING and bring in the wait right of way line of F.M. 2164; (1) THENCE S 01. 01' S2' W, along a Me common to said Orr tract and 4*4ng won right of way Ina of FM 2164, a distance of 124.06 feet to a Point being the southsaot comer of sold Orr tract, and told point bebng as tin existing north right of way Ina of FM 2164; 121 THENCE N 8' a 10' 48' W, Long a Me common to sold On tract and FM 2164, a dIsancs of 4 26.18 foot to a found wood monument being tin southwsot comer of said Orr tract, being on the Wsdng oh of way ~ U. rFoht SS.of7waoy Ono of FM nd said point G g in 2104 rIQM Of Way), c rcular eurvalto the the leifthavieast a radius of 383.31 fort f ng iii THENCE nonhwesterty, slang said curve to the left common to said Orr tract and existing eett right of way One of U.S. 77, through a dolts angle of 244 05' 56', an are distancs of 181.22 feet and having a chord which bout N 394 67' 38' W, s disarm of 180.03 feet to an "to point (4) THENCE N 52 ° 00' 33' W, a distance of 11.08 feet to the nor hwut comer of said On tract and southwest comer of amid Tripp tract 151 THENCE S 880 48'32- E, along a Ibne common to soy Orr net and sold Tripp tract, a distance of 540.00 feet to the POINT OF BEGINNING, and containing 1.370 tyres, or 69,867 square foot of land, more Or lass. Z OF , IF ij r✓~1/ f:/'.c C-at;~ ' JOHN FA,..~,3.. 16- fG John F. Wilder, R.P.LS. WILOER n,,.,... Texas No. 4285 Q2+ Data 1QV 21 c j Tons Depseftent of Tna+perud= EXHIBIT ugn Flew D-1!-U pep I of 7 Rev. 9/91 i{ DEED THE STATE OF TEXAS COUNTYOF KNOW ALL MEN BY THESE FwESENTS: That, _ of the County of , State of Texas, hereinaBer referred to at Oraoton, whether one or more, for and in consideration of the stmt of to rue ors Daum a om r rtatio• C ommission, e ) of In hand paid by the State of Texas, acting and ftcuo the T which is hereby I by edged, and for which no lien Is ratait►a4 either axpn%*A or implied, have s day Sold and by These pretax do Otant, Bwg&K Sell and Convey unto the Ste of Text all that certain tree or parcel of land to _ County. Tents, mm pu&datly described in Ex- hibit "A," which IS attached hereto and lWorponsed bete try and au purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Orasuors we retaining title to the following improvements located on the property deactibed in said Exhibit "A," to . vit: Grantors covenant and agttx to remove the above-de=AW Lupravem nts fran said band by the day of ,19_ , subject, bay-,-m, to such extensions of time as may be granted by the State in writing; and if, for any reason, Orators fall or refuse to remove same within said period of time prescribed, thou, without any further considenitim the tbk to all or any put of such bnpm .:ments not so removed shall pass to and vest in the State off"as forever. Grantors reserve all of the 09, gas and sulphur in and alder the land herein conveyed butt waive all rights of ingress and egress to the surface thereof for the purpo of exploring, developutg, mining ot drilling for sane; however, nothing in this teservuion shell area do ritte and rights of the SState to take and use All other minerals and mated&:& thereon, therein and thereunder. 22 i . c Tens Depwtmrm of Traurpoeat en Pone D•15.14 Par 2 of 3 Ibv. 9A 1 a, TO HAVE AND TO HOLD the premises herein described and herein conveyer! together with au and singular the a and thereto in any win belonging unto the Stet s of Texas and its assigns foiever, end rantors &Jao'~ blad ourselves. oar heirs, executors, admirwtrAw, anccessots wad as. signs to Warrant and Forever Defend all and tt rgNw the said ownises herein cameyed unto the State of Texas and its assigns against every person whomsoever law 1fu cLiming or to cWm the same or Any put thereof. IN WITNESS WHEREOF, this Instrument is executed on this the day of rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrurrrrrrrrrrrrrrrrrrrrrrrurrrrrrrrrrr ACKNOWLEDGMENT THE STATE OF TEXAS, ' COUNTY OF BEFORE MH, the ttaknipoed, a Notary PubEq ou dds day persomtty appeared to mr on the oath of , knowo to we (or proved is (are) sobrc:tbed to rte foot , a credible w~itow.) to be the peeoo(a) whose more(s) Wiq Wdmraft said adaowladsed to me that hwbhehbey exemled the satin for the purposes and cooddersdoo therein expressed. OWER UNDER MY HAND AND SEAL OF 0mcE, this day of Notary Pab&. Steer of Tease My count im V*N an tM day at •arrrrrrrrrrrrrarrrrararrrrrrrrrrrrrrarrrrwr+rrrrrurrrrrrrrrrrrarrrrrrarrrr CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE MB, the undenipoed, a Notary Public, on this day t»coally appcu:d of , known to me to be the person ad officer whore mum b sttI - bed to the fae;oioS Insbumow and ack0owtedsed to me dud the same was the act of the Wd , a corporation, that he/abe was duty autimcized to perfarn the same by appmpdW nwbtdoa of the bond of dbectaea of s oct coepondon sod thr bNsbe exerted the some as the so of such corporation for the pwpow and ooeddaradon therein expressed, and In me agaciry therein stated r ` OMEN UNDER MY HAND AND SEAL OF OFFIM thin day of ,19 ( r I N" P"C. Starr of Tsar My Canmissim expbes on the day of 23 u c, Tau D of nuvom" Nam D-11.14 P.p 7 d S M+, "i After recordto= phase return tbk hnetramnt to: f ~ d d ~ W z ~z r~ p < z RIM y CERTWICATE OF RACORDINO THE STATE OF TEXAS, COUNTY 08 J A i 24 1 c c. AG" NO. AGENDA INFORMATION SHEET AOMIdelpm- Oab re AGENDA DATE: May I1`",1999 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehia, Deputy City Manager SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON COLLEGE STREET FROM ELM STREET TO LOCUST STREET AND THE NORTH SIDE OF COLLEGE STREET FROM SELL AVENUE TO FRAME STREET; ON THE NORTH SIDE OF EAST CONGRESS STREET FROM LOCUST STREET TO OAKLAND STREET; ON THE NORTH SIDE OF EGAN STREET FROM COIT STREET TO BOLIVAR STREET; ON THE EAST SIDE OF THE ALLEY BETWEEN ELM STREET AND BOLIVAR STREET FROM THIRD STREET TO SECOND STREET; ON THE NORTH SIDE OF FERGUSON STREET FROM ELM STREET TO LOCUST STREET; ON THE ALLEY BETWEEN ELM STREET AND LOCUST STREET FROM PARKWAY STREET TO MCKINNEY STREET; ON THE NORTH SIDE OF MAPLE STREET FROM ELM STREET TO LOCUST STREET; ON THE EAST SIDE OF OAKLAND STREET FROM TEXAS STREET TO WITHERS STREET; ON PIRTLE STREET FROM VINE STREET TO FRAME STREET; ON THE SOUTH SIDE OF SAWYER STREET FROM NORTH LOCUST STREET TO OAKLAND STREET; ON THE SOUTH SIPS OF SECOND STREET FROM BOLIVAR STREET TO LOCUST STREET; ON THIRD STRFET FROM BOLIVAR STREET TO ELM STREET AND THE NORTH SIDE OF THIRD STREET FROM AUSTIN STREET TO OAKLAND STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: Officer Burson, assigned to this district, completed a survey of "no puking" designations. The survey shows that certain areas are posted without ordinances. Areas with ordinances have been incorporated with this request, so one ordinance can be referenced versus many. RECOMMENDATION: Staff feels this ordinance will be less confi:sing for the public and Police Department to enforce. PRIOR ACTIONIREVIEW (Council. Boards. Commissions) Approved by Tragic Safety Commission the March 1, 1999 meeting, FISCAL INFORMATION None Respectfully submitted, ! lark, Director Engineering & Transportation . t. C G Traffic Safety Commission Minutes - March 1, 1999 ITEM 03 REVIEW AND CONSIDER "NO PARKING" ORDINANCES FOR POLICE DISTRICT 109 AND PORTIONS OF DISTRICT 110: A. COLLEGE - BOTH SIDES FROM ELM TO LOCUST B. COLLEGE (DISTRICT 110) - NORTH SIDE FROM BELL TO FRAME C EAST CONS RESS - NORTH SIDE FROM LOCUST TO OAKLAND D. EGAN - NORTH SIDE FROM COIT TO BOLIVAR E. EAST SIDE OF THE ALLEY BETWEEN ELM AND BOLIVAR F. FERG USON - NORTH SIDE OF THE ST rXT FROM ELM TO LOCUST G. LOCUST - BOTH SIDES OF THE ALLEY BETWEEN ELM AND LOCUST FROM PARKWAY TO MCKINNEY H. MAPLE - NORTH SIDE OF THE STREET FROM ELM TO LOCUST 1. OAKLAND - EAST SIDE OF THE STREET FROM TEXAS TO WITHERS I. PIRTLE - BOTH SIDES OF THE STREET FROM VINE TO FRAME f K. SAWYER - SOUTH SIDE OF THE STREET FROM AUSTIN TO { OAKLAND i 1« SECOND- SOUTH SIDE OF THE STREET FROM BOLIVAR TO LOCUST Dl. THIRD - BOTH SIDES OF THE STREET FROM BOLIVAR TO ELM, AND THE NORTH SIDE OF THE STREET FROM AUSTIN TO OAKLAND Clark said these are areas where signs have been placed without an ordinance. Staff recommends that the Commission go ahead with this. If one by one was notified, these woe ld be coming in two or three at a time. Since the signs have been there in some caste for 30 years, you are setting up legally already what is in place. k i STAFF RECOMMENDFM Approval COMMISSIONERS: Sawko made a motion to approve Item M3. Waiters seconded the motion. Motion passed unanimously. i r t: I r rumo.maor.a r. r.wr ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON. TEXAS PROHIBITING PARKING ON COLLEGE S1 REET FROM ELM STREET TO LOCUST STREET AND THE NORTH SIDE OF COLLEGE STREET FROM BELL AVENUE TO FRAME STREET; ON THE NORTH SIDE OF EAST CONGRESS STREET FROM LOCUST STREET TO OAKLAND STREET; ON THE NORTH SIDE OF EGAN STREET FROM COLT STREET TO BOLIVAR STREET; ON THE EAST SIDE OF THE ALLEY BETWEEN ELM STREET AND BOLIVAR STREET FROM THIRD STREET TO SECOND STREET; ON THE NORTH SIDE OF FERGUSON STREET FROM ELM STREET TO LOCUST STREET; ON THE ALLEY BETWEEN ELM STREET AND LOCUST STREET FROM PARKWAY STREET TO MCKINNEY STREET; ON THE NORTH SIDE OF MAPLE S1 REET FROM ELM STREET TO LOCUST STREET, ON THE EAST SIDE OF OAKLAND STREET FROM TEXAS STREET TO WITHERS STREET; ON PIRTLE STREET FROM VINE STREET TO FRAME STREET; ON THE SOUTH SIDE OF SAWYER STREET FROM NORTH LOCUST STREET TO OAKLAND STREET; ON THE SOUTH SIDE OF SECOND STREET FROM BOLIVAR STREET TO LOCUST STREET; ON THIRD STREET FROM BOLIVAR STREET TO ELM STREET AND THE NORTH SIDE OF THIRD STREET FROM AUSTIN STREE f TO OAKLAND STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; MID DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 5LCM.~j. When signs or markings are in place giving notice thereof, no person shall park a vehicle at any time upon the following street in the City of Denton: A, On College Street from its intersection with Elm Street to its intersection with Locust Street and the north side of College Street from its intersection with Bell Avenue ` to its intersection with Frame Street. 1 B. On the north side of East Congress Street from its intersection with Locust Street to its intersection with Oakland Street. C. On the north side of Egan Street from its intersection with Coit Street to its intersection with Bolivar Street, D. On the east side of the alley between Elm Street and Bolivar Street from its intersection with Third Street to its intersection with Second Street, A, , E. On the north side of Ferguson Street from it, intersection with Elm Street to its intersection with Locust Street. 3 - WNM*'nwv. %PAWN ap ~ F. On the alley between Elm Street and Locust Street from its intersection with Parkway Street to its intersection with McKinney Street, O. On the north side of Maple Street from its intersection with Elm Street to its intersection with Locust Street. H. On the east side of Oakland Street from its intersection with Texas Street to its intersection with Withers Street. 1. On Pirtle Street from its intersection with Vine Street to its intersection with Frame Street. J. On the south side of Sawyer Street from its intersection with Locusi Street to its .ntersection with Oakland Street. K. On the south side of Second Street from its intersection with Bolivar Street to its intersection with Locust Street. L. On Third Street from its intersection w'.&h Bolivar Street to its intersection with Elm Street and the north side of Third Street from its intersection with Austin Street to its intersection with Oaidand Street. SECTION I[. The provisions of Section 1 prohibiting the parking of vehicles shall apply at all times to the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION Ill. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of thL City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION IV, That if any provision of this ordinance or application thereof to any f person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION V. Any person adjudged guilty of parking a vehicle in vialaton of this ordinance shall be -jilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200,00), UM, Q; M. That this ordinance shall become effective fourteen (14) day, prom the r date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to he published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the Ja a of its passage. 4 c~ c. I W~470lAi~MVn1~NMYIr P PASSED AND A .',PROVED this the day of .1999. i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ti lr~-~ r u AGENDA INFORMATION SHEET Aq~adt ttltll~ - . nets - AGENDA DATE: May 18`,1999 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehla, Deputy City Manager k4b SU$,Er; AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE WEST SIDE OF BOLIVAR STREET FROM E. UNIVERSITY DRIVE TO PEARL STREET; ON THE EAST SIDE OF AUSTIN STREET FROM OAKLAND STREET TO E. PARKWAY STREET; ON FRAME STREET FROM GROVE STREET TO SCHMITZ STREET AND ON THE EAST SIDE OF FRAME STREET FROM SCHMITZ STREET TO MINGO ROAD; ON THE SOUTH SIDE OF SCHNIITZ STREET FROM BELL AVENUE TO MINGO ROAD; ON THE WEST SIDE OF VINE STREET FROM GROVE STREET TO TEXAS STREET, THE EAST SIDE OF VINE STREET FROM GROVE STREET TO COLLEGE STREET AND THE EAST SIDE OF VINE STREET FROM TEXAS STREET TO WITHERS STREET; ON WITHERS STREET FROM OAKLAND STREET TO MINGO ROAD; REPEALING THE ANGLE PARKING DESIGNATION ON THE SOUTH SIDE OF OAKLAND STREET FROM AUSTIN STREET TO 160 FEET EAST OF AUSTIN STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY N0: TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE, BACKGROUND; This is the second part of Officer Burson's survey of District 108 and the TWU area. Ordinances existed at these locations, but development, etc created a need for areas to be redefined. RECOMMENDATION: Staff feels this ordinance will be less confusing for the public and Police Department to enforce, }RIOR ACTIONIREVIEW (Council Board.- omml •loml Approved by Traffic Safety Commission the March 1, 1999 meeting, i FISCAL INFOR 1ATION None Respectfully submitted: Cl2e. i (err ark, Di for Engi eering & Transportation ~✓f 1- ti L c, MINUTES Traffic Safety Commission March I, 1999 COMMISSIONERS: fim Hobdy, Barry Walton, Carolyn Baron, Silvia Lesko, Charles Ridens, Harry Phillips, Greg Sawko, and Chair, Larry Luce STAFF: Jerry Clark, Staff Usiwn Lois Scobec, Admin4trative Secretary ITEM 02 REVIEW AND CONSIDER C13ANGf`O EATSTTNU "NO PARKING" ORDINANCES: 1. FIRE LANES: I AACL 3Afi~ C7IANGLUO 713E LIMI?S ON BOL[VAR TO DEFINE THE 1 ~N NO AS UNIVERSITY DRIVE AND THE hXF1111 N LIMITS AS MCKWNEY STREET b. C'E'Sd~l3 CHANGING THE LMIS G N AUSTIN FROM OAKLAND SOUTH TO PARKWAY 2. FRAME STREET ~SRUINANUEb - TO BE NO PARKING ON THE E45T SIDE OF 771E STREET FROM CHMITZ TIINGO,ANDONBOTH SIDES OFTHES7REETF'ROMGROF2irosmM1Tl 3. OAKLAND STREET ELLMJNAIE F'+ftDWACCE 89 i31~ ANGLED PARKING I NO LONGLR NEEDED - PRIVATE PROPERTY 4• SCUMITZSIREET REVISE AND COMB, pADLRA.N E 76.1 AW AND ADD NO PARKING ON THE SWIII SID O THE 51REE~ VINE - AT'W ORDIN.4M'E TO BE ON SOUTH SIDE OF SCNMITZ STREET FROMBELL TO U" 5. VIBE (DISTRICT 110) t~t1~T W WEST S; DE OF 37 E FR~STREET TO i'U4 , ND M AST SIDE OF VINE FROM GROPE 110 COLLEGE. AND 171E EAST SIDE OF PINE FROM IWS 70 If7THERS 6. WITIHIRS REVI'iE JLR1nPA]VZE TO BE O,N BGTI1 SIDS OF H7n1F.RS FROM OAX/AAD TO Clark said, these are areas that need correcting. A policeman who actually works this disttkt / e a cr t though the area doing an inventory of every sign; he matched h to the ordinance and ind sated the problems. Staff has already taken care of signs that needed put up ogsim 2 t Traffic Safety Commission • March 1, 1909 There are two areas - the lim ts and the rut lane on Bolivar. On Frame Street, rAff is trying 'o eor0ine several ordinances and pick up a portion that already had signs. All of these We jigns u;r and have been this way for a long time. Staff is trying to get them where they are enforce,ble, Several ordinances in Section 11 have been combined into one ordinance, Like NS under Vine Strce4 Nd under Schmitt Street, and ltd on Withers Street. 7116 is mare finnctioml (of the City Clerks; so they can quickly look up the orlinance and find the location. We an go through them one by one or ask questions on the ones) ou do not understand. Staff recommends that these be adopted. Bacon asked if his is what officer Burson tmot Bads. Clark maid this Is bas'cally his recommendation. SaITrnel with hint and Lieutenant Sums. The neat point of attack was to gel his recomr. ndatioa to tit Commission. Officer Bunton 16 a bicycle officer and knows fast hand what things look like. Clark said some of these were fire lane,. Suff talked briefly with the Fire Department about whether the Fire fans Ordinance could be made No parking Ordinances, but they strongly wanted to leave them d-sigmted a Fire Lane although it is an older designation, That is why that little piece is it the Commissioners backup. Saako asked if they could approve them NA back" or approve each one. Clark said he recommends that they approve the entirety of Item 02. STAFF RECOMMENDED: Approval COMMISSIONERS: Walters made a motion to approve Item ff1. Sawko seconded the motion, Motion passed uaaaimously. I t 3 t i i. ruxa•,uaenamc. a.r..oiwwrra.ra.,`~rnyr. - ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE WEST SIDE OF BOLIVAR STREET FROM E. UNIVERSITY DRIVE TO PEARL STREET; ON THE EAST SIDE OF AUSTIN STREET FROM OAKLAND S11LEET TO E. PARKWAY STREET; ON FRAME STREET FROM GROVE STREET TO SCHMITZ STREET AND ON THE EAST SIDE OF FRAME STREET FROM SCHMITZ STREET TO MINGO ROAD; ON THE SOUTH SIDE OF SCHMITZ STREET FROM BELL AVENUE TO MINGO ROAD; ON THE WEST SIDE OF VINE STREET FR)M GROVE STREET TO TEXAS STREET, THE EAST SIDE OF VINE STREET FROM GROVE STREET TO COLLEGE STREET AND THE EAST SIDE OF VINE STREET FROM TEXAS STREET TO WITHERS STREET; ON WITHERS STREET FROM OAKLAND STREET TO MINGO ROAD; REPEALING THE ANGLE PARKING DESIGNATION ON THE SOUTH SIDE OF OAKLAND STREET FROM AUSTIN STREET TO 160 FEET EAST OF AUSTIN STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA! Ni: SECTION T. When signs or markings are In place giving notice thereof, no person shall park a vehicle at any time upon the following street in the City of Denton: I A. On west side of Bolivar Street fiom its intersection with E. University Drive to its intersection with Pearl Street. (Repeating that portion of Ordinance No. 54.3 in conflict herewith). B. On the east side of Austin tom its intersection with Oakland Ave to to its intersation with E. Parkway. (Repealing that portion of Ordinance No. 54.31 is,::onflict herewith). C. On Frame Street from its intersection with Grove to its intersection with Schmitz l and on the East Side of Frame Street from its intersection with Schmitz to its intersection with Mingo. (Repealing that portion of Ordinance No. 82-64 in conflict herewith). D. On the south side of Schmitz from its intersection with So Avenue to its intersection with Mingo. (Repealing that portion of Ordinance Nos. 76.17 and 82.65 in conflict herewith). E. On the west side of Vine from its intersection with Grove Street to its intersection with Texas, on the east side of Vine from its intersection with Grove Street to its intersection with G•liege and on the er.m aide of Vine from its intersection with Texas to its intersection with Withers. (Repealh 6 that portion of 0 Ainance Not. 76.17 and 82.66 In conflict herewith). 4 r g F. On Withers from its intersection with Oakland to its intersection with Mingo. (Repealing that portion of Ordinance No. 92.164 it conflict herewith). SECTION II Repealing the designation on *lie south side of Oakland Street from its intersection with Austin Street to 160 feet east of Austin Street as Angle Parking of Motor Vehicles. (Repealing that portion of Ordinance No. 89.157 in conflict herewith). SECTION III The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction o; a police officer or official traffic control device, SECTION IV That all provisions of the ordinances of the City of Denton In conflict with the provisions of th:i ordinance aro hereby repealed, and all other provisions of the ordinances of the City of Denton, not in convict with the provisions of this ordinance, shall remain In full force and effect. SECTION V That if any provision of this ordinance or application thereof to any person or circumstance is held Invalid, such Invalidity shall not affect the other previsions or applications, and to this end the provisions of this ordinance Oro severable, SECTION VI Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a r-isdemeanor and punished by a fine net to exceed Two Hundred Dollars ($200.00). SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newsp,.per of the , City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of '1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: r 5 i r. c: ,I I j h~ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I BY:~~ r c~ Y i I i I ti ~I ~ r r v d 8 h t M♦ c c •i I i I 9~oao Apnan llirtl ` D de I AGENDA INFORMATION SHEET AGENDA DATE: May 19, 1999 DEPARTMENT: Electric t ility % l: Howard Mirtin, 339-8232 SUBJECP AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAUFR TO EXECUTE AN AGREEMENT FOR THE PROFESSIONAI I,EOAL SERVICES WITH 1HE LAW FIRM OF HAYTIIE & CURLEY, NEW YORK, NEW YORK, PERTAINING TO FEDERAL TAX ISSUES RELATING TO 771E SALE, ASSIGNMENT, OR OTHER DIVESTITURE OF ALL OR A PORTION OF THE ELECTRIC UTILITY ASSETS OF THE CITY OF DENTON, TEXAS; AUTI IORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN E'FF'ECTIVE DATE. BACKGROUND: As a municipal utility, DME has utilized tax-exempt debt to fund major Infrastructure. I'Mi A has also used tax-exempt debt to find its activities, including the construction and capitol improvements to the Gibbons Crc, k plant. There are restrictions on the use of facilities constructed with tax-exempt debt, on the ability to refinance tax exempt debt, and on the sale of facilities financed with tax-exempt debt to private entities. Violation of these restrictions will result in significant financial penalties for DME and the City, In order to successfully sell DME's generation assets we must be aware of these restrictions and deal with then. appropriately. Any efforts to Icvelize the TMPA debt, as desired by the other memser cities, must also deal with the regulations regarding tax-exempt debt. It is very probable t .4'.t an Internal Revenue Scn ice ruling will be required for any sale of portions of ThIPA e- to { refinance the existing T h1PA debt. a Tax law is a very specialized area, especially when it deals with tax-exempt debt. In order to proceed with the generation sale effort, DME requires the services of a tax-exempt debt legal specialist. Advice from such a specialist is also required as other entities use DME facilities to serve customers in a deregulated electric Industry. r OPTIONS: L Hire the firm of Haythe & Curley of New York, New York. { 1 2, Terminate the generation sale effort. '1 t 0 RECOMMENDATIONS: Staff recommends hiring Haythe do Curley, Margaret Henry of that firm has been providing DME with advice regarding tart-exempt debt for more than a year. She Is very knowledgeable in 1 that area and has a through understanding of the DME and TMPA debt structure and contract issues. No one in the City Attorney's office has the specialized knowledge to perform this function. ESTIMATED SCHEDULE OF PROJECT: Selection of a winning bidder in October of 1949. Closing completed as soon as possible thereafter. PRIOR ACTION/REVIEW [Council. Boards. CommissionL The Public Utility Board will consider this contract at its May 17, 1999 meeting. The result of that vote will be provided to Council when this item is presented at the May 18, 1999 Council meeting. FISCAL INFORMATION: Not to Exceed 572,000. Respectfully submitted: S on Mays Director of Electric Utilities j 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON. TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES W1111 THE LAW FIRM OF IiAYTIIE dt CURLEY, NEW YORK, NEW YORK, PERTAINING TO FEDERAL TAX ISSUES RELATING TO THE SALE, ASSIGNMENT, OR OTHER DIVESTITURE OF ALL OR A PORTION OF THE ELECTRIC UTILITY ASSETS OF THE CITY OF DENTON. TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and in the public interest to engage the law firm of llayihe & Curley, a General Partnership ("H&C' New York, New York, to provide professional legal services to the City as special outside counsel, and shall advise the City concerning federal tae issues, issues pertaining to outstanding tax-exempt debt, and strategic planning issues pertaining to the sale, assignment, or other divestiture of all or a portion of the electric utility assets of the City of Denton, Texas; and WHEREAS, the City, is order to ascertain its legal rights and alternatives, considering the approach of several critical deadlines in the divestiture process, on November 9, 1998, and from time-to-time thereafter, requested that H&C provide it with legal advice and services In the highly specialized areas of federal tax law and issues pertaining to outstanding tax-exempt indebtedness as they relate to D enton's possible divestiture of all or a portion of its electric utility assets, and other matters of significant importance concerning the proper posturing of Denton Municipal Flectric's activities considering the current market and the effect of impending electric deregulation legislation. H&C are presently assisting and supporting City staff, and have already provided the City with much needed advice and legal support. Accordingly, it is appropriate that the Agreement for Professional Legal Services with }I&C attached hereto, should be ratified, and should be made retroactively effective as of November 9, 1998 In order to properly compensate 11&C for its work and expenses incurred at the specific instance and request of the City, which work has directl- benefited the City; and WHF',RF.AS, the City Cow,.il has provided In the City Budget for the appropriation of funds to be used for the purchase of the foregoing professional services, as set forth in the Agreement for Profession.l Lcgai Services; NOW, THEREFORE, TIIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: allCI ON I: That the City Manager Is hereby authorized to execute an Agreement for i ' A# Professional Legal Services with the law firm of Flaythe & Curley, a General Partnership, New York. New New York, for professional legal services pertaining to federal tax issues relating to the sale, assignment, or other divestiture of all or a portion of the electric utility assets of th ' City of Denton, Texas, in substantially the form of the Agreement for Professional Legal Services attached hereto and incorporated herewith by reference, 3 t t SECTION],[; That the awurd of this Agreement is on the b',sis of the demonstrated competence and qualifications of H&C and the ability of H&C to pniorm the professional legal services needed by the City for a fair and reasonable price. SECTION III: That the expenditure of furdi as provided for in the attached Agreement for Professional Legal Services Is hereby authorized. SECTION IV: That the Agreement for Professional Legal Services Is hereby ratified and retroactively approved, and shall be effective from and after November 9,1998. USUON V: That Ni ordinance shall become effective bomediately upon its passage and approval PASSED AND APPROVED this the _ day of ,1999. JACK MILLER, MAYOR f ATTEST: JENNIFER WALTERS,CITY SECRETARY By, APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By. r S IMr DLKUr fl1s rd1nUr&9PJlp dK! CMYLY PSA WE dhto dne Q AGREEMENT FOR PROFESSIONAL LEGAL SERVICES ff STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this the day of , 1999, by and between HAYTHE & CURLEY, a General Partnership, 237 Park Avenue, New York, New York 10017, hereinafter referred to as "Consultant"; and the CITY OF DENTON, a Texas Municipal Corporation, 215 E. McKinney, Denton, Texas 76201, hereinafter referred to as "City". WITN SE SETH WHEREAS, the City finds it n,eessary to employ outside legal counsel to perform professional legal services in a specialiad area of law, tax-exempt finance; and AIIEREAS, the Consultant is willing to perform such services in a professional manner as an independent contractor; and WHEREAS, the City desires to engage the Consultant to render the professional services in connection therewith, and the Consultant is willing to provide such services; and WHEREAS, the Consultant requires that its -l lard Terms of Representation - May 1997' document, a copy of which is attached heretu incorporated by reference herewith, shall govern this contractual relationship, except as supplemented or amended by this Agreement; and the City is willing to proceed on that basis respecting this engagement; NOW, THEREFORE, in consideration of the promises and mutual obligations contained , herein, the parties hereto do hereby AGREE as follows: 1. Scope of Service 4: The Consultant shall perform the following services in a professional manner working as an independent contractor not under the direct supervision and control of the City: A. Services to be provided: I . The Consultant shall serve as special counsel to the City of Denton, Texas and its Municipal Electric Utility, in which capacity it shall advise the City concerning federal tax issues, issues pertaining to outstanding tax-exempt debt, and strategic planning matters, in each case pertaining to the divestiture of a pcrtion of its Electric Utility System, including its interest i in the Texas Municipal Power Agency ("TMPA'). This engagement shall not encompass any ` litigation work or any work in connection with any ruling request that may be submitted to the Internal Revenue Service or in connection with any restructuring of TMPA. Consultant shall also consult. as requested, with the City Manager, the Director of Electric Utilities, the City 5 Attorney, any other designated City staff and designated outside legal coun.:el of the City, respecting any and all aspects of the services to be performed under this Agreement. 2. The Consultant shall perform all the professional services required in a timely fashion, and shall complete same in compliance with schedules established and coordinated by the City through its Director of Electric Utilities and City Attorney, through discussions with the Consultant, as appropriate to carry out the terms and conditions of this Agreement. 11. 1=: This APreement shall terminate upon the completion of the services j provided for herein, or upon the exhaustion of the funds provided hereunder, or on December 3t, 2000, whichever event shall first occur. This Agreement may be sooner terminated In accordance with the provisions hereof. Time Is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its Director for Electric Utilitles and City Attorney, or as the progress of this matter may reasonably require. 111. Co tposation and Method of Payment: A. Consultant shall charge the following fees for its professional services hereunder, based on the foltowirg fees for its limfessional services hereunder, based on the following hourly billing rates for the attorneys and s+ipport staff involved in this matter: PARTNERS Margaret C. Ile nry $250.00our David L. Dubrow $31S.OWhour Jerry E. Muntz 5250.00/hour Richard J. Krainin S275.00/hour ASSOCIATES Sherce D. Reinbach 5150.00/hour Michelle Donnay SiS5.001hour PARALEGAL D. Michael Berkowitz S 93,004tour B. The foregoing rates are in force and effect as of the date of execution of this Agreement. Should this contractual relationship be ongoing in December 1999, City and Consultant agree to renegotiate these rates to take into account increases in billing rates by the Consultant for similar services. tr r; C. Consultant will try to reduce costs whenever feasible by utilizing qualified partners, associates, paralegals, and support staff. The Consultant shall bill the City through the r Contract For Professional Legal Servkes - Page 2 6 , ( z 1 { i submission o; itemized invoices, statements, and other documentation, toga with supporting data indiceting the progress of the work and the services performed on the tasis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of-pocket expenses incurred. D. Consultant and the City agree that all charges for the legal services for this engagement, including reasonable out-of-pocket expenses, will not exceed Seventy Two Thousand Dollars (S 72,000). No retainer shall be requitmd for this engagement. E. City shall either pay directly or reimburse the Consultant, as the case may be, for reasonable actual out of-pocket expenses, including but not limited to, long-distance telephone, telecopier, reproduction, overnight courier, and travel expenses prudently incurred by Consultant. All copies will be charged at the rate of twenty cents (5.20) per copy for copies made within Consultant's offices, with as much photocopying as possible being done by outside vendors at bulk rates, if bulk copying is necessary. The parties agree that the charges for facsimile transmission are at the rate of S 1.50 per page. Database searches. secretarial overtime when required by the urgency of a client's matter, long distance telephone calls, special deliveries, and other similar items shall be billed at or below Consultant's estimated costs. F. The parties anticipate invoices or statements for services will be generated on a--' monthly basis and that said invoices or statements will be sent on or about the I5'h day of each month. The City shall make payment to the Consultant within thirty (30) days of the satisfactory completion of services and receipt of an itemized invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals shall be paid at the actual cost, pursuant to the terms, conditions, and limitations hereinabove set forth, All invoices and bills shall be approved for payment by the City Attorney and the Director of Electric I Utilities. 0. It is understood that the Consultant shall work under the direction of the Director for Electric Utilities or her designee, and the City Attorney. H. All notices, billing statements and Invoices shall be made in writing and may be given by personal delivery or by mail. Notices and Invoices sent by mail to the City shall be addressed to flerben L. Prouty, City Attorrey, 215 E. McKinney, Denton, Texas 76201. Notices and payments sent by mail to the Consultant shall be addressed to: Margaret C, Henry, Partner, llaythe & Curley, 237 Park Avenue, New York, New York 10017. When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made In lie names and addresses of the responsible person or office to whom notices, Invoices, and/or payments are to be sent, provided i reasonable written notice is given. - Contract ror Professional Legal Services - Pale 3 t • t f IV. Professional Competency A. The Consultant agrees that in the performance of these professional services, Consultant shall be responsible for the level of competency and shall use the same degree of skill and care presently maintained by other practicing ptefessionals performing the same or similar types of work. For the purpose of th's Agreement, the key person who will be coordinating and performing most of the work hereunder shall be Margaret C. Henry, Partner. Howrver, nothirg herein shall limit Consultant from using other qualified and competent members of its firm to perform the services required herein. B. All legal documents as well as any legal opinions prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein. If this Agreement is termiria;ed at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents r epared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant. V. Establishment and Maintenance of Records: Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement, Such records shall be maintained for a period of it Last three (3) years after receipt of final payment under this Agreement. 1 Vl. Audits and Ins ctiM At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to ali matters covered by this Agreement. VI 1. AccomplishmentofProiect: The Consultant shall commence, carry on, and complete any and all projects with all practicable dispatch, in a sound, economical and efficient manner, and, in accordance with the provisions hereof and all applicable laws. In accomplishing 1 the projects, the Consultant shall take such steps as are appropriate to ensure that the work involved is property coordinated with related work being carried on by the City. VIII. Conflicts of Interest/Confidentiality: The City and Consultant agree that for purposes of this engagement, the provisions of Haythe k Curley Standard Terms of Representation [May 19971 "Confidentiality and Client Conflicts" at pago 14 t IS therein, shall govern. 1X. Indemnitygnd In =JcntContractor Relationship: r, A, The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be conslnred as creating a relationship of employer and employee between the parties. Contract For professional Legal Senkes - Page 4 g t t, a B. Consultant agrees to Indemnify the City against all losses arising out of the negligence of Consultant, provided, however, that in the event that this Indemnity is called into play, the amount of Consultant's indemnification obligation to the City shall be measured by its comparative fault relative to all individuals or entities (including the City) whose acts or omissions contributed to the City's losses; and provided, further, that Consultant's indemnification obligation to the City shall not exceed the amount of Consultant's applicable professional liability Insurance coverage. C. Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability Insurance, listed by A. M. Best Rnted Carriers, with a rating of "A•" or above, issued by an Insurance carrier approved to do business in Texas by the Texas Department of Insurance. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act, error or omission, in an amount not less than Two Million Dollars (52,000,000.00) combined single limit coverage per occurrence, In the event of change or cancellation of the policy by the Insurer, the Consultant hereby covenants to immediately advise the City thereof; and In such event, the Consultant shall, prior to the effective date of change or cancellation, deliver a copy of a substitute policy furnishing the same coverage, The Consultant shall provide a copy of such policy or the declarations page of the policy, whichever is reasonably satisfactory, to the City through its Director of Electric Utilities, simultaneously with the execution of this Agreement X. Termination of A ey er meet; A. In connection with the work outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City. Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement. D. This Agreement may be terminated In whole or in part, In writing, by either party In the event of substantial failure by the other party to fu!f ll Its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be affected, unless the other party is y£ven [I] written notice (delivered by certified mail, return receipt requested) of Intent to terminate, and not less than thirty (30) calendar days to cure the failure; and 121 an opportunity for consultation with the terminating party prior to termination. Contract For Professional Legal Services - Page S 9 l t' 04 C. Nothing contained herein or eisewhere in this Agreement shall require the City to pay for any work which is unsatisfactory or which Is not submitted in compliance with the terms of this Agreement. Xl. Qjternate bisoute Resolution: The CrnsuItant and the City agree that, i° necessary, they will use their best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Pracdco and Remedies Code (V.A,T.C,S.). XII. Entire Agreement: This Agreement represents the entire agreement and understanding between the parties, and any negotiations, proposals, or oral agreements arc intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the City and the Consultant. I XI1I, Compliance with Laws: The Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended, Includir.:, but not limited to the Texas Disciplinary Rules of Professional Conduct. XIV, Governing Lag; For the purpose of determining place of agreement and law ~ governing same, this Agreement is entered into in the City and County of Denton, Stele of { Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or In connection with this Agreement shall be exclusively In a court of competent jurisdiction sitting in Denton County, Texas. XV. Discrimination Prohibited; in performing the services required hereunder, the Consultant shall not discriminate ag dnst any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. XVI. 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 lx employees or have any contractual relations with the City. Consultant shall inform the City of any conflict of Interest or potential conflict of Interest that may arise during the term of this Agreement, in accordance with Consultant's responsibilities under the State of New York Disciplnary Rules of Professional Conduct, and subject to the provisions of paragraph Vill. hereinabove, B. All services required hereunder will be performed by the Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be i~ authorized or permitted under slate and local laws to perform such services. Contract For ProresslonaI Legal Sen ices - Page 5 10 0 XVII. Aaignabjljly: 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 City thereto. XVIII. Sevimbility: All agreements and covenants contained herein are severable, and In the event any of them, with the exception of those contained in sections headed "Scope of Services", and "Compensation %nd Method of Payment" hereof, stall be held to be Invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such Invalid agreements or covenants were not contained herein, XIX. Resoorrsibilitles for Claims and Liability: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work; not shall such approval be. deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the Consultant, its attorneys and employees. XX. Modification of Agreement: No waiver or modifcation of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing end 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, unless such waiver or modification Is in writing, duly executed m aforesaid; and, the patties further aQtW thnt the provisions of this Article will not be waived rs herein set forth XXI. Captions! 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. XXII. Binding Effect and Effective Date: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Agreement. This Agreement is hereby ratified and retroactively approved by the City and Consultant and shall be effective as of November 9, I"S IN WITNESS HEREOF, the City of Denton, Texas, has executed this Agreement in four (4) original counterparts by and through Its duly-authorized City Manager; and Consultant has executed this Agreement by and through its dulyauthodzed undersigned Partner, dated this the day of ,1999. "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corpo•ation , By: ; Michael W. let, City Manager Contract For Profcssionat Legal Serv kes - page 7 I 1 t w ca ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "CONSULTm,r' HAYTHE& CURLEY A Genera' P%Aacrshlp By: Peg Henry, Partner f ATTEST: 1 1 By' 4> S `Aur Documen4KbnnxtvWJl*dw& Curley PSA DME Mvest" t Contract For Professional Legal Serv kes - Page I 1 1 v s I 0 u STANDARD TERMS FOR PROVIDING MAL SERVICES We have prepared this booklet to provide you with a statement or the terms and conditions under which we provide legal services. 'these terms will spply to all legal services rendered on your behalf unless a different or supplemental arrangcment is agreed upon and confirmed In writing. We ask that you read this booklet carefully and retain a copy for your records. If you have questions about our standard terms And conditions or about any other aspect of our services, we encourage you to discuss them with the lawyer In charge of your representation or with any other partner of the firm, i I f i .sr..~...., - _ ~ ray t•' 0 u f i• SCOPE OF OUR SERVICES Some clienU hire us to represent them In connection with a single mailer and other engage us to represent them In connection with a variety of matters. In moil cases, the scope of the services that we will provide to you will be confirmed In a separate teller agreement at the time you retain us. Whether you ask us to handle one matter or many, we will We { our beet abilities In representing your interests. In doing so, we will be relying upon the facts provided to us by you, and we m III be applying the law In effect at the time our services i re rendered. You should keep us Informed of all changes in the circumstances of i which you become awme that may have a bearing on ymir matter, i I. ~ { i f, 2 i / ~ t 0 j I ~s I I i . I 3TAFFINO: THE PARTNER IN CHARGE, OTHER LAWYERS, LEGAL ASSISTANTS The partner you have selected will be in charge of your case or project. You aft A" at any time to request that the partner in charge be changed, and if 'hill appears to you to be necessary or desirable you should iw rree to diwuss It wits, any putnet of the Qm,. Your partner in charge will determine the appropriate stalling for your matter and may, fFom time to time, in his or her discretion, delegate work to other lawyers in the Orm or to legal assbtants. When it'll occurs, ft may be Intended to take advantage of gwcfslited skills or to accomplish your work to it more expeditious or cost efficient manner, or it mry be necessary In response to the amo --or type of work Imolved In handling your matter or the demands of other marten. Our legal assistants aft not lawyr:rs but possess training, experience and skills that enable them to asslstourlawyers in discharging their responsibflkies. They Include law, clerks, law students, paralegals, research librarians and other technical (non-legs!) spcculisl~. 3 . t , G • I . u• r \•J ~Y FEES Our fees are based on the following rectors; ' • The time and labor required to par rorm the legal service you ask us to provide. The novelty and difficulty of the questions Involved. s no skill teq'uired to perform the service properly, s The fee customarily charged In New York City for similar services. The amount involved. The resulut we obtain fcr you. 7 he time limitations imposed by you or by the ctrl rt~t+nces. , The nature and length of our professional relationship with you. a The experience, reputation and ability of the Lawyer or lawyers performing the services. ' The.likelihood, if apparent or made known to you, that our work for you will preclude lawyers of this firm from accepting other employment from other clients. a Whether our fee is fixed or contingert. ' 4 G 1% i D L Standard hourly rates for our lawyers and legal assistants arc set by the firm and reviewed at least annually, They may change dtwmg the pendency of materswr are handling for you, if they do change, these changes will be reflected In our charges, we encourage you to discuss our hourly rates at any time with the partner In charge, Time Is recorded In increments of one tenth of an hour, cumulated dally The minimum charge for any day In which time is expended on your matters tvll) be one tenth of an hour, $stimsies of fees for legal services are sometimes requested by our clients. I f asked, we will be pleased to give you our best estimate of the amount of legal fees and costs likely to be incurred In providing the services you require. Because of the inherent di mculty of predicting in advance the amount of time a given project will require, these are estimates only, and not fixed quotations. In a few instances involving rcitine work, such as the formallor, ofa simple business corporation, it may be possible for us to quote a Axed fee for our senlces. If that is done, the fee will be connrmed with you in ' writing, Otherwise, our billing will be on the basis of the boors outlined above, S t r. , We strongly believe that peer discussion And review is an importune element of providing quality services, and so our time charges will often reflect e discussions between lawyers within our Arm concerning the matters in which we have been engaged. In some cases, we may request that a Conrt or arbitrator award you attorneys' foes u past of your claim. Such awards are gmrated only In unusual cues; the amount of such awards Is often less than the amount of the actual legal fees incurred, and such awards cannot always be collected i}om the adverruy. Ifcouecied, such an award will becredited toward your account, but you will be responsible for the full amount billed by the firm, i , Ci 6 Ii, ` 'llr\v , p .a r u COSTS, EXPENSES AND EXPERT FEES Our "gel fees are compensation for prolesslonal kill services. They do not include costs and expenses II may be necessary for us to Incur in connection "Jill your protect. Costs and expenses typically Include such Items as riling fees, bong distance telephone charges. messenger and express delivery charges, postage and courier fees, court repcn Irs' de fees for charposition and trial transcripts, computer research ges. word processing charges, printing and reproduction cosh, The costs of preparing records on appeal, overtime costs for stair(other than IeHyers), witness fees, telefacsImile truismirsloll costs, (ravel expenses and the like. Certain of these charges may reprecenl more then our direct cost to cover our overhead, Costs and expenses will be billed In edditlon 10 charges for legal services. You may he requested 10 pay substantial expenses directly to the supplier. 11 may be necessary for us to engage oulslde e•rperis, such As Accountants or appraisers, log. sisl us In rendering professional legal services loyou, I.-acs for experts are not Included in our legal fees. You will be responsible for payment of all experts retained on your behalf, and you will generally be a.rkcd to pay ~ rr, r c. their Pees directly. No exivrt will be retained without " your permission. We incuroulsidecharges as agent, roryou,andyou agree to pay these charges promptly. i J. s . S C, a 1 TRUST ACCOUNTS We maintain trust accounts for call clients' fu;Ws that are delivered to us to be held in escrow or otherwise pending disbursement Instructions. Those accounts are administered In accordance with the New York Lawyers Code of Professional Responsibility and certain statutes and court rules. Such funds are normally held in separate interest-bearing accounts. However, if In our judgment the amount Involved Is loo small or the funds are expected to be held for too short a time to generate suMcient Interest to justify the expense of administering a separate account, the funds will be held In a nonsegregated, noninterest-beating trust account a i r, 9 l. a r RETAINERS New clients will ordinarily be asked to make an advance payment of reel and other charges. This advance Payment is commonly referred Io as a retainer." Typically, the retainer is equal to the minimum amount that we expect you to incur in fxs and other charges, or the fees and other charges likely to be Incurred during a Iwo-mon,h period, whichever Is less. The details of retainer arrangements vary greatly and are confirmed by agreement separate letter . The retainer will be credited against your final bill. lrany portion of the retainer has not beer, earned, we ails retunt the untamed portion to you promptly at the conclusion of our representation. t• 10 t 1 t•' t~ tf BILLING ARRANGEMENTS AND ` PAYMENTTERMS I Our normal billing cycle both forfeesandcoslsand expenses Is monthly. You agree to make payment within thirty days of receiving out statement; otherwise, there will be an Interest charge of 1 KK monthly (18% interest annually) on the unpaid balance. if your account becomes delinquent and you do not arrange satisfactory payment terms, we reserve the right to withdraw from the representation and pursue collection of your account, in which case you agree to pay costs of withdrawal and collection, Including court costs and a reasonable attorney's fee. ' t . Il r: t, I ` L I ~i TERMINATION OF SERVICES You have the right to terminate out representation at any time. We will have the same right, subject to applicable codes of professional responsibility and rules of court. If we decide to terminate our representation. we wit I give you reasonable notice and assist in the orderly transition of your legal matter to such other counsel as you may select. Term Inalion orout representation, by you or by us, does not affect your responsibility to pay for legal senlces or costs and expenses Incurred to the date of q termination or necessarily incurred thereaner m part fJ of the orderly termination or our engagement. Upon termination and payment or all outstanding statements, we will return to you any documenL4, money or property belonging to you that you may have glt en to us to hold for you, and we will also J deliver to you, or to your new counsel, the files ttlsled i to your matter (other than out internal notes, work , papers and correspondence and billing files, all of which, are the ptgf rty of the firm). For various reasons, Including the minimiration of unnecessary storage expenses, we reserve the right to destroy or other% lse dispose of any such items M 12 f ' t ~ 1 J J ~ 11 I I I R U N retained by us within a reasonable time after the termination orthe engagement. Following termination of our engagement, any otherwise nonpublic information you have supplied to us which Is retained by us will be kept confidential in accordance with applicable rules of professional conduct. .wr auorey-client relationship will ,s considered terminated upon our completion orspecific services that you have rosined us to perform. Ifyou later retain us to perform further or additional services, our attorney-client relationship will be revived, subject to these and any supplemental terms orengago.-ment he Nct that we may inform you from time to time of developments in the I&,% which may be of interest to ! you, by newsletter or otherwise, should not. be understood as a continuation or revival of any attorney-client relationship. Moreover, we have no obligation to inform yju of such developments in the law unless we are engaged In writing to do to. r« 13 t Y c c, CONFIDENTIALITY AND CLIENT i CONF'LI'CTS no profmiona' codes under which we practice require us to prIsene the confidences and our clients. That obligation coot{Hues &Per rct compfedon of the project for which we hove been retained, it does not prevent us clients whose from representing connection winterests mey be Adsersc to yours In mae-w ti llh unreialed matfers ttner our g a we presen e a!1 codec Completed You enfruild to us durbmg our representation oryoa, 11 Is possible that, during the time that He arc repre"I"ng you, some ofourpresent future clients aillheved{sputesortra or nsactionswithyou. youagtet I that tit's firm may continue to represent or may undertake In the future to represent o resew mallet that Is not substantially related e10 r our work for you, even Ifthe Interests of such clients in ftseother rrallers are directly adverse to you or a related entity, and even if such representations would be simultaneous. We agree, however, tha! your advance consent to coon{cling representations shall not aly in an instance pp where, a the result of our representation of you, we have obtained sensidle Proprietary or other conndential or non-public c. i infoana+ion that, if known to any such other client of ours, could be used in any such other matter by such other client to your material disadvanta4e. You also agree that our of you will not preclude representation g an for a new client that s from undertaking mallet u g may be adverse to you, or a related entity, so lorg as our representation of you with regard to the matter described in this letter has been concluded or terminated and so long as the conditions set forth In the preceding sentence have been met. You should know that, in eng2gement agreements with many of our other clients, we have raked for similar ments to preserve our ability to represent you. i 1S ~ V ' o i f I I c; f f lit I APPLICABLE LAW AND CONSENT TO JURISDICTION Your agreement to engage us to provide- you with legal services shall be go%erned by and construed according to the laws of the State of Ndw York. When you engage us to provide you k,hh legal services, you will thereby consent to ptrsonatl jv4sdiction In the State of New York with respect to any question. dispute or controversy arising out or, relating to or In connection with our engagement, i i 1 i I 16 r t, Ap* w~ 99~ 030 Ap* intro D* S /8-99 AGENDA INFORMATION SHEET i AGENDA DATE: May 18,1994 DEPARTMENTt Managesneot find 9rdget ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: Consider appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a January 2100 bond election. BACKGROUND: On April 20, Council approved it resolution to appoint a Citizens Advisory Committee to study capital improvement needs and make recommendations for capital projects to be included in a January 2000 bond election. The committee is to be comprised of seven appointments per Council Member and one chairperson appointed by the entire Council, RECOMMENDATION: Staff recommends that Council appoint members to the Citizens Advisory Committee composed of seven appointments per Council Member with one chairperson appointed by the entire Council ifulily subm' ed: J o ` :re~tor o an agement and Budget Prepared by: 7 Kathy Brooks I ! t ! Financial Analyst r+ 1 I t U M APPOINTMENTS TO BOND COMMITTEE Mayor Miller Peggy Capps Anita Bruner Bill Thomas Dan Martin 717 Lafayette Drive _ Denton, TX 76205 Tom Harpool Ray Belarano John Price 1 O 1 Ji ~ 1 l . r ' G C+ fi I I i I I Mayor Pro Tem Beasley Euline Brock 1900 Wiatridge Denton, TX 76205 382-2436 { Fran Morgan 611 Smith Street Denton, TX 76205 387.7253 Rudy Rodriguez 1313 Wilderness Denton, TX 76105 565-9507 Tim Charles 207 N. Bonnie Brae Denton, TX 76201 898.7003 Don Edwards 2308 Crestwood Place Denton, TX 76201 381.1576 r 4 f ' r' C h Council Member Cochran: I Martha Len Nelson Tim Englebrecht Dorothy Damico Jim Kirkpatrick Bob Manning a I f r t i i - i I Council Member Young Lillie Clark 1009 Kerley Street Denton, TX i Vickie Fill 2129 Woodbrook Street Denton, TX 76205 Robert Young 204 Crawford Street Denton, TX Peggy Fox 203 S. Wood Street Denton, TX 387.5292 Wayne Audrey 709 Pennsylvania Denton, TX 76103 Edwin 0. Fulten 1404 Ft. Worth Drive Denton, TX 382.3611 ExtA7 Evelyn Curry 1812 Westminster Denton, TX 76203 y I j G Council Member Kristoferson Tammy Thayer 717 Smokerise Denton, TX 76205 382.2999 Pet Langa 3211 Montecito Denton, TX 76245 382-7713 Michiko Hayhurst 3824 Montecito Denton, TX 76205 381-3590 Linnie McAdams 1511 McCormick Denton, TX 382-6930 lay Meux 1900 Georgetown Denton, TX 76201 566-0309 Jack Swanson + 2801 Montecito Denton, TX 76245 591.0967 Alice Gore 2215 Westwood Denton, TX 387-3967 w Alternates: Elizabeth Zack 1126 Oakhurst Denton, TX 76205 387-0557 Duncan Weathers 2201 Woodbrook !'1\ Denton, TX 76205 383.8155 : Council Member Burroughs Liz Shearer Rick Woolfolk Tint Crouch Curtis Ramsey Greg Sawko Gus Seligman i 1 1, a c, T6 1 i'~~ of orM 46o- Council Member Durrance; - I w N WlO) ( rK1IW ~p Dr. Eva Cadwallader 4 (QA~.~•. UAL yV~ (OW 3920 Fawn Drive IM&UP. Denton, TX 76207 ~J 566-3018 Ed Soph 16:0 Victoria Denton, TX 76201 383.4693 t i \ c; t or, r r 7 rc, Osrl7 ~ ' ~ a -,V6 ~ ~ AGENDA INFORMATION SHEET 4GENDA DATE: May 19,1499 DEPARTMENTt City Manager's Office CM: Mike Jez, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies/nominations: Steven Poston has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Durrance. Keith Appleton has resigned from the Board of Adjustment. This is a nomination for Mayor Miller. If you require any further information, please let me know. Respectfully submitted: e Richardson ` Assistant City Saretary w I r U i AGENDA INFORMATION SHEET I AGENDA DATE: May 18, 1999 DEPARTMENTr City Manager's Office CM: Michael W. Jc4 City Manager SUBJECT Consider a motion to authorize the holding of a City Council meeting outside of City Hell on May 21 and May 22, 1999 at the Marriott Solana, Education Center, located at S Village Circle In Westlake, Texas, to hold the City Council Annual Planning Session. BACKGROUNri On August S, 1997 the Council adopted Ordinance No. 97.220 which allows the holding of Council meetings outside of City Hall under certain circumstances. This was In accordance with Section 2.05 of the City Charter and Section 4.1 of the Rules and Procedure of the City Council. The ordinance indicates that the Council may hold meetings in places away from City Hall so long as the Mayor announces the location of that meeting at the City Council mating Immediately preceding the meeting to be changed, and a motion or simple resolution is approved by at least four members of the Council, On Friday and Saturday, May 21 and 22, 1999, the Council will be holding its annual planning session at the Mardott Solana, Education Center, located at S Village Circle In Westlake, Texas, Approval of this motion will allow compliance with Ordinance No. 97.220. Ordinance No. 97-220, Section 2,05 of the Cheer and Section 4.1 of the Rules and Procedure are attached for your review. Respectfully submitted, l ~L~SgLV 1 Richardson Assistant City Secretary A/ t I c t ORDINANCE N0. 97 o~.~D AN ORDNANCE AUTHORIZING THE CITY COUNCIL, UNDER THE CIRCUMSTANCES SET FOkTEI HEREIN, TO HOED MEETINGS OUTSIDE OF CITY HALL; VALIDATING PREVIOUS MEETINGS AND A^7IONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Hall or the Denton Municipal Building Is In the process of being renovated and is not available for City Council meetings during the period of renovation due to lack of appropriate space to accommodate all members of the public, tack of prop!r access to persons with disabilities and due to potential dangers and inconvenience to the members of the general public during construction; and WIWREAS, the City Council from time to time may need to hold meetings away from City Hall to wive the public interest; NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: I Sj;nQNj. The City r.ouncil, for the period from July 1, 1947 until the Council Chambers In the City Hall at 215 East McKinney Street, are completely renovated and ready for public use shall hold all its meetings in the Police Department Conference Room, the Central Jury Room and other areas or the Denton Municipal Complex at 601 East Hickory Street, Denton, Texas, unless it directs the meetings be held in another location by ordinance or resolution. SECTION Il. That the City Council shall hold meetings on the budget beginning at 9.00 a m. on August 8 and August 15, 097 In the Golden Eagle Suite In the University of North Texas Union Building At Prairie at Avenue A, Denton, Texas. SE CLION llj In accordance with section 2 05 of the City Charier and section 4.l of the Rules and Procedure or the city council, the City Council may from time to time hold joint meetings with the Urnion Independent School District, workshop meetings, retreat and budget meetings and regular and special meetings in places away from City Hall that are readily accessible to all members of the public to long as the Mayor announces the location of that meeting at the meeting urthe City Council immediately proceeding the meeting and, a motion or simple resolution is approved by at least four members of the Council, approving the meeting silo All such meetings shall be held in arcordance with Chapter 331 of the Government Code. A , SLG'(jgijk. All previous meetings and all actions taken at those meetings held at a / 1" location other than the City Hall at 215 East McKinney Street, including, without limitation, any Joint meetings with the Denton Independent School District and she Denton Planning Commission, any workshops or retreats, are hereby Wanted, ratified and approved. 2 G U t SSC'ION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of 1497. 11C ILLER, MAYOR ATTEST: JENNIFER WALTER6, CITY SECRETARY BY: Y,J APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORMY BY: 1 ~ 3 v. CHARTER 1206 ,law, but shall not interfere with the managerial duties and responsibilities of the city man. nger. The mayor shall have all the same powers and privileges as any other counciimember, Including entitlement to vote upon all matters considered by the council, but shall have no veto power. The council shall, as soon as possible riler the annual election, elect from Its membership a mayor pro tem. The mayor pro tern shall act as mayor during the absence or disability or the mayor and if a vacancy occurs shall become mayor :ur the completion of the unexpired term. (Ord. No. 79.86, 5 2, 12.1179, ratified 119.80) Sec, 2.04. Vacancies in council. Where a vacancy in ary pls-* on the council shall occur, the vacant place shall be filled by a special election, and, where necessary, by a runoff election, in the same manner as provided in its charter for the regular election of the councilperson. Such special election shrill be held on a Saturday within sixty (6,; Jays following the creation of the vacancy, and the runoff election, where necessary, shall be held on the fourteenth day after the preceding election; provided, however, that where a vacancy shall occur within one hundred and twenty (1201 days or a regular election, no special election to fill the vocancy shall be called, unless more than one vacancy occurs. (Ord. No. 76-12. Amend. No. 2, 4.8.76) Sec, 9.03. Meetings of the council. IM On the second 12nd) Tuesday in April, or as soon thereafter as practicable, the council shall mcrl rot the city hall and the newly-elected members shall qualify and assume the duties of omcc. Thereafter, the council shall meet regularly at such times as may be prescribed by Its rules but not lees frequently than once each calendar month. All meetings of the council shall be held at the city hall unless the council shall by ordinance or resolution designate another ti. place ~bt Special meelingn shall be called by the city secretary upon request of the mayor, city manager, or a majority of the members of the council, 0 The city manager shall attend alt meetings of the council and may take part In the , dlecus.-Ion or ell matters coming before the council but shall have no vote. (Ord. No, 7986, 12, 12.11.79, ratified 1.19.80) Sec, 2.00. Quorum, voting. (n) A mviority orthe members orthecouncil shall consldute a quorum for the transaction of business, and the nffirmntive vote of a majority of the council shall be necessary to repeal any ordinance or take any official nction In the name of the city, except as otherwise provided In this Charter or by the general laws or the state of Texas. / ~Y \ c i bl The ayes and noes shall be taken upon the passage of all ordinances or resolutions and the vote of caeh member shall be recorded In the minutes, i0rd, Nn. 76.12, Amend, No. 3, 4-5-76; Ord. Ni. 79.86, # 2, 12.11.79, ratified 1-19-80) 4 (e) No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirect- ly without permission of the presiding officer. 3.3 Citizens (a) Citizens are welcome and invited to attend all meetings of the Council and will be admitted to the Council Chamber up to the fire safety capacity of the room. l (b) All citizens will refrain from private conversations in the chamber while the council is in session. (c) Citizens attending council meetings shall observe the same riles of propriety, decorum, and good conduct applicable to the r.dministrative staff. Any person makingerous wpersonahl,ile impertinent, et or slanderous remarks or who becomes boi g the Council or while attending the Council meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the presi- ding officer, and such person shall be barred from further audience before the Council during that session of the Council. (d) Unauthorized remarks from the audience, stamping of feet, applauding, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeant-at-Arms to remove such offenders from the room. In case the presiding officer shall fail to act, any member of the council I may move to require him or her to act to enforce the rules, and the affirmative vote of four (4) members of the Council shall require the presiding offices to act. (e) No placards, banners or sighs of any kind will be permitted in the Council Chamber except exhibits, displays and visual aids used in connection with presentations to the Council, provided that such exhibits, displays and visual aids do not disrupt the meeting. 3.4 Enforcements The City Manager, in the absence of a designated law enforcement officer, shall :t as Sergeant-at-Arms for the Council, and shall furnish whateve► +ssistance is needed to enforce the rules of decorum herein establs-oed. I.5 xeati i The city Secretary + City Manager and City Attorney shell occupy the respective seats in the Council chamber assigned to them by the Mayor, but any two or more members A, , of the Council may exchange seats. 4. TYPE 0 MEETINGS 4.1 Regular Meetings The Council shall meet at seven o'clock p.m. on the first and third Tuesday of each month or at any S r i'M1 other times set by the council, unless postponed or canceled for valid reasons. All regular meetings of the Council will be held In the Municipal Building at 215 East McKinney Street, or such loca- tion as the City Council may by motion, resolution or ordinance designate. 4.2 Special Meetinase special meetings may be called by the Mayor, the City Manager, or by any three members of tk:e council. The call for a special meeting shall be filed with the City Secre- tary in written form, and he or she shall post notice thereof as provided by law. 4.3 Norkshob Meetings: workshop meetings or work sessions may be called using the same procedure required for special meet- ings. (See Sec. 4.2) The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with a City Board, commission, or Committee Members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally, no final action shall be taken unless the posted agenda Indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayer. Citizens should be advised of the nature of the work session and that their Input may be received and consid- ered at a regularly scheduled council meeting where the agenda pro- video for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow , citizens in a more formal setting. Any citizen may supply the City council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor Livites citizens to participate in a work session, their part!cipation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 Emer ency Msetingli In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting m,y be called by the Mayor, the City Manager or by three members of the Council, and it shall be s+if- fieient if the notice is posted two hours before the meeting is convened. 4.5 Closed Meetinasi The council may meet in a closed meeting pursuant to the requirements of the Texas open Meetings Act, chapter 551, TEX. GOVT CODE ANN. (Vernon 1994), as amended. 6 I MANOOUT TO COUNCIL 09118199. IitlRn tlsasral Retpil District PERMITTED UaE9! One Family Dwelling atriotad Community Unit Development ~-"Dormitory, Boarding or Rooming House Hotel or Motel ✓Art Gallery or Museum church or Rectory ✓College or University or Private School L,community Center tvu t~n1 rr~ D&--N reery or Kindergarten School v roup omen INalfway House vllome for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) c.-Hospital (Chronic care) ✓tnstitutions of Religious or Philanthropic Nature Public Library L/Monastery or Convent p~/yursing Home or Residence Home for Aged ;/occasional Sales tt 1r Park, Playground or Public community center J &School, Private Primary or Secondary ✓school# Public or Denominational ;/school, Business or Trade Lit cceasory Build h o M-13 en er Private) ✓E1... rica] substation &OUptorlao al Trans mission LS1~~ a or one ruction office (Subject to Approval and 1 b Building long Inspector ✓ 1re stat on o u o safety Builditlg v Gas Transmissinl. Line and Metering Station ✓Home Occupation t -Off Street larking incidental to Main Use ~bfE s r at Remote Park 9-n tat t~4rivate Swimm ng Pooln L-~Pelephone, Business office Vtolephone Line and Exchange switching or Relay Station i~Water Reservoir, Water Pumping station or Well am dh L Amusement, commercial (Indoor) a r✓Country club (Private) with Golf Course vbanre Hall or Night Club t--Public Golf Course' Public Park or Playground Vpublio Play field or.Stadium vtexually oriented Business Awim or Tennis Club 1,,Theater, Other than Drive-in Typo J MEN& r "OR" General Retail District (continued) M1 IFL ✓Railroad Passenger Station ✓Railroad Track or Right-of-Way )/Commercial Parking Lot or Structure wam AAuto_Laundry Auto s and Re air In Buiidin YYY esol~ne Sar~j~~~ New Auto Parts Sales Stores Anti ue Sho r a ory or onfectionery Shop (Retail) vCafeteria j,4leaning and Pressing Small Shop and Pickup ustom Personal service shop Drapery, Needlewor_k or Weaving Shop F`lor s or ar_en shoo ;Greenhouse or Plant Nursery (Retail an ore ousehold Appl ance service and Repair L .-Laundry or Cleaning Self Service (--Mimeograph, stationery or Letter shop v Mortua or Funeral Parlor Oces, ro ess onal end Administrative Ti'off ~r~trtis~Sa'Ie oee an or gilt L--6n Premise sale of Beer and/or Wine (/Licensed Private Club c%iQStAg Ca lit- -Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Studio for Photographer, Musician, Artist or Health 09 Animal Clinic or Hospital (no outside runs or pens arm or Ranch greenhouse or Plant Nursery i PERMITTED USES WITH APPROVED SPECi IC USE PERHITJ Educational Institutional i special Uses ✓Cemetery or Mausoleum 6~ Fraternity, Sorority, Lodge or Civic Club 1 Recreational-& EntertaIntgnt, Uses i Fairground or Exhlbition Area Utility. Accessory and Invkde1)SDt Use /Private Utility Shop or Storage Yard 1/ public Building, Shop, yard of Local, State Federal Government Sewage Treatment Plant ✓Water Treatment Plant ` J t c. I e stage aeieral Retail District (contlnuldl Re rea lon and Entgrtetnment Uses table, Private club 1~ Theater, Drive-in Transportation Related Uses Airport Landing Field or Heliport YARD AEO'IRPMENTat Front Yards Minimum 214 feet side Yards No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing s,ich districts from a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yard: No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the rasidential districts listed, a minimum.of ten (10) feet shall be .rovided. HAIaflT grauLATIgNal Three (3) stories, exco'.t as follows: In the districts where the height of buildings is restricted to two (2) or three (3) stories, cool.ng towers, roof gables, chimneys and vent stacks may extend for additional height not to exceed forty- five (45) feet above the average grade ling of the building. Water stand pipes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (2) or three (3) stories in height, provided that one additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three (3) stories in height. SUPPLEMENTAL, REOVLATiONS, 1. Parking (Based on use. Sea Article 34-115.) ' 2. Signs 3. Lighting 4. Landscaping 5. screening & Fencing 3 N ~ I I j END OF FILE t (t~ ~