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Minutes April 17, 1990CITY OF DENTON CITY COUNCIL MINUTES APRIL 17, 1990 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council convened into Executive Session to discuss legal matters (considered action in In Re: Flow), real estate and personnel/board appointments. Council Member Hopkins left the discussion during In Re: Flow. 2. The Council held a discussion regarding the proposed sexually oriented business ordinance. Joe Morris, Assistant City Attorney, stated that the major question from the last Council meeting centered on the definition of adult bookstore/adult video store. The language was changed in the ordinance to indicate that all materials were not covered unless taken as a whole. It would not cover a - film that perhaps had just one incident of the specified sexual activity. The other concern of the Council was a licensing provision. After reviewing the ordinance, staff felt that a license requirement was not needed at this point in time in order to enforce the proposed ordinance. At a future date, a licensing requirement could be implemented if necessary. This was a zoning ordinance which implemented a location restriction on certain types of businesses defined as sexually oriented. The enforcement mechanism would be the same as in any violation of the City's zoning ordinance. The main difference between the Dallas ordinance and the Denton ordinance was that Dallas imposed their ordinance when they had scores of these businesses already in operation. The license provision would have nothing to do with non-conformity. Licensing would be an administrative mechanism that could be implemented at any time and would apply to any business that was covered. There was be a potential risk with a license for litigation. Council Member Alexander asked if there would be a problem with implementing a license provision on any existing businesses. Morris replied that licensing was not a zoning question. So whether a business had been in the City before or after a license was implemented, really did not matter. An ordinance could be passed and the businesses would have to comply and obtain the license in order to continue to operate. 451 452 City of Denton City Council Minutes April 17, 1990 Page 2 Council Member Gorton agreed with the idea of dealing with the licensing issue as a separate issue. Consensus of the Council was to bring the licensing proposal back for future discussion. 3. The Council held a discussion regarding results of FY1990-91 City Council Budget Priorities Questionnaire. Lloyd Harrell, City Manager, stated that staff had taken the Council priorities and ranked them so as to guide staff during the budgeting process. The rankings had been included in the Council packets. 4. The Council held a discussion regarding FY1990-91 budget requests from the Municipal Judge and City Attorney. Sandra White, Municipal Judge, stated that her major concern was changing juvenile court to an evening court. She was also asking for a handbook to be printed, a revision of forms and judicial robes for.the alternate judges. Debra Drayovitch, City Attorney, stated that she had two items above her usual budget requests - a debt collection manual and a network capability to connect all computers in her office. 5. The Council received comments from City Council regarding the proposed _ Denton policy statement for tax abatement. Lloyd Harrell, City Manager, stated that page 5 of the policy had been updated to incorporate wording on the chart to include personal property along with the value of the structure. School Board President Bettye Myers stated that the School Board would give formal consideration of the policy at their meeting of the following week. It would be considered at the Council meeting in two weeks. Staff would suggest that Council consider the proposed policy as proposed by the Committee, recognizing that, at a later date, refinements could be made. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None City of Denton City Council Minutes April 17, 1990 Page 3 1. The Council considered approval of a resolution appreciation for Edmond Dawson. Mayor Stephens presented the resolution to Mr. Dawson. The following resolution was considered: of NO. 90-015 A RESOLUTION OF APPRECIATION FOR EDMOND DAWSON Gorton motioned, Ayer seconded to approve the resolution. On roll vote, McAdams 'aye,' Alexander 'aye," Hopkins "aye," Gorton "aye,' Ayer "aye,' Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 2. Council received a citizen report from John Hawley regarding a reoccurring encroachment by the City on a vacant lot located on Paisley Street. Mr. Hawley, representing his mother, stated that the property was located at 801 Henry Street. He was requesting a response from the City regarding a reoccurring encroachment of the City on the vacant lot. A drainage pipe had been installed on one corner of the property which was causing erosion' of the property. As the property was near the minimum length required for development, he was concerned that this erosion would not allow possible future development of the property. Mr. Hawley had sued the City regarding the property and part of the settlement was to strengthen the banks of the creek on the property. This had been done inadequately and water jumped the curb, eroding the property. He suggested a concrete wall be installed and filled in behind it which should be sufficient to take care of the stream. He stated that previous correspondence with the City had not be effective and was requesting the Council help with the matter. Mayor Stephens thanked Mr. Hawley for his presentation and stated that the City Manager would designate a staff person to assist him with the matter. 3. The Council received a citizen report from Robert Powell regarding the positive economic impact of the Fry Street Fair and Renaissance Festival on the economy of the City of Denton and the Fry Street Business District. Mr. Powell stated that he had talked to some business people on Fry Street, including the Flying Tomato, the Corkscrew and the record store, and all had experienced a large increase in business during the Fry Street Fair. As all of the sales were taxable items and brought money into the City, it did not make 453 454 City of Denton City Council Minutes April 17, 1990 Page 4 sense to chase money out of the City. 4. The Council received a citizen report from Joe Dodd regarding pornography and child protection and items not addressed in the proposed sexually oriented business ordinance. Mr. Dodd read a statement to Council regarding the display of sexually oriented materials to minors. He felt that the First Amendment right of adults did not include reckless handling of material unsuitable to minors. He felt that the "back room" of general interest video stores was one of the few places that the material should be available. It should not be next to video games or on cable television. Convenience stores could display magazine titles away from children's reach and still service their customers. He offered suggestions for future consideration by the Council. 5. The Council received a citizen report from Jerry Shoop regarding an alternate site for the proposed water treatment plant on Hartlee Field Road. Mr. Shoop read a statement to Council indicating that he felt the project would be a tremendous detriment to the neighborhood. .He urged the Council to help the neighbors preserve the neighborhood and property values by selecting an alternative and less populated area for the project. 6. The Council held a public hearing regarding the establishment of Denton Enterprise Zones. Betty McKean, Executive Director of Economic Development/ Municipal Services, stated that the item was on the agenda to provide an opportunity for the public to respond to the boundaries for the two proposed enterprise zones. Zone One covered 9.16 acres, Zone Two covered 6.66 acres. These were areas which would allow the City to offer incentives for development to industrial development. Staff had been working with the Texas Department of Commerce, which had been analyzing the statistics, and the Chamber of Commerce in an attempt to maximize the boundaries. There had been a small addition to the eastern boundary of Zone Two. There would be an additional public hearing on May 1, 1990. Council Member Boyd asked why the boundary had been'changed. McKean replied that there were very strict technical statistical requirements for the zones. The boundary had to be adjusted to satisfy the population requirements plus industrial requirements for the zone. City of Denton City Council Minutes April 17. 1990 Page 5 455 The Mayor opened the public hearing for Enterprise Zone II. Robert Powell spoke in favor of the Enterprise Zone II. He felt it was the wiser of the two zones and would attract more disadvantaged people for ]obs. He felt Zone I was not quite as good as Zone II. The Mayor opened the public hearing for Enterprise Zone I. Chuck Carpenter spoke in favor of both zones. He stated that the zones would put the City on the same level of competition with other cities. It was another tool to work with and helped existing industries. Linda Cole, speaking on Zone I, asked what type of industry would be built in the zones and what the establishment of the zone would do to property values. McKean stated that any new business would have to meet current zoning standards. The City would be trying to attract high quality businesses such as distribution centers or high tech manufacturing. Council Member Boyd stated that there were incentives for plants which located within the areas to hire people who live within the areas. If a plant was located within Zone I, it could hire economically disadvantaged people from either Zone I or Zone II. Lloyd Harrell, City Manager, stated that there were other communities which had enterprise zones for quite some time and that this would allow the City to more effectively compete with those cities. Ail of the local incentives were incentives that the City had on the books at the present time and could offer to an industrial prospect. Trey Marring stated that there were some subsidized housing pro)ects on Loop 288 which appeared not to be included in Zone II and suggested looking into including those areas. M. C. Birch stated that his property was included in one of the zones and was not consulted about such an inclusion. Mayor Stephens replied that inclusion in the enterprise zone would probably make the property more desirable to an investor than land not in the zone. Patrick Long had 100 acres in one of the zones and asked how it affected bringing people into the City limits. 4 5 6 City of Denton City Council Minutes April 17. 1990 Page 6 Mayor Stephens stated that it would be considered on a case-by-case basis. Cal Redfoot asked about the track records of the enterprise zones across the state. How did they affect each city. McKean replied that many prospects asked if the City had these zones. It was a great way to sell the City - a positive way to develop the City. It was a major marketing tool for the City. The Mayor closed the public hearing for Zone I and Zone II. 7. Consent Agenda McAdams motioned. Gorton seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 91089 - Wire. Cable & Connections 2. Bid 91092 - Pickup & Trucks 3. Bid 91081 - Side Loading Refuse Truck 4. Bid 91080 - Concrete Work - Malone Street 5. RFP 91003 - Telecommunications Systems B. Tax Refunds 1. Considered approval of a tax refund for John F. Hohman/American Airlines Credit Union Council Member McAdams left the meeting. 8. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (7.A.1. - Bid 91089, 7.A.2. - Bid 91092, 7.A.3. - Bid ~1081) The following ordinance was considered: NO. 90-059 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS. EQUIPMENT. SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes April 17, 1990 Page 7 Gorton motioned, Hopkins seconded to adopt the ordinance. On roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (7.A.4. - Bid #1080) The following ordinance was considered: NO. 90-060 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. On roll vote, Alexander 'aye,' Hopkins "aye," Gorton "aye," Ayer 'aye," Boyd "aye,'. and Mayor Stephens 'aye.' Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and GTE; and providing for an increase in the contract price. (7.A.5. - RFP #1003) Mayor Pro Tem Ayer felt that this seemed to be a substantial change and wondered how a change of that magnitude would occur so soon after such a thorough study and analysis of needs. Lloyd Harrell, City Manager, stated that bidding for the phone system was a two stage process. An inventory was done with a standardization of items so that comparable items were in the bid. It was noted at that time that a second stage would involve discussions with all of the phone users in the City which resulted in changes in the demand for certain types of phones. There was still a gap of approximately $41,000 left in the adopted budget even after the execution of the proposed change order. Council Member McAdams returned to the meeting. Mayor Pro Tem Ayer stated that it was his understanding that the system had been studied so thoroughly that it was absolute about what was needed. Harrell replied that he was sorry if that was the impression given but at the staff level it was known that the second stage would be necessary. 457 458 City of Denton City Council Minutes April 17, 1990 Page 8 The following ordinance was considered: NO. 90-061 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND GTE; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins 'aye," "aye," Ayer "aye," Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye.' Item F. was considered out of order. F. The Council considered adoption of an ordinance altering speed zones on Bonnie Brae Street from Scripture Street to U. S. Highway 77 for a distance of 2.5 miles; providing for a penalty of a fine not exceeding two hundred dollars ($200.00); and providing a severability clause. (The Citizen Traffic Safety Support Commission recommended approval.) The Council recognized Norma Gamble. Ms. Gamble requested that the item be returned to the Citizens Traffic Safety Support Commission for reconsideration as none of the residents in the area were notified about the change in the speed limit. She felt it was too fast as children used the area to go to North Lakes Park. Jerry Clark, City Engineer, stated a speed zone was determined by the State Highway Department formula. A radar study was done at several locations, recording exactly the speed of each car in the area. The 85th percentile was determined and the proposed speed zone would be within 7 miles per hour of that percentile. Normally, the speed limit in a rural area such as the proposed area, was kept on the lower end of the percentile. Normally, speed zoning was not a method of going and contacting each resident. City Manager Harrell stated that it was difficult to gain compliance with all residents in an area. McAdams motioned, Hopkins seconded to postpone action on the ordinance and refer it back to the Citizens Traffic Safety Support Commission for a public hearing on the issue. City of Denton City Council Minutes April 17, 1990 Page 9 Council Member Hopkins stated that she wanted the people on the street notified and that staff should do it every time before something was done to a street. City Manager Harrell stated that the problem of setting speeds based on simply the desires of people who live along that particular street, was that it was very difficult or impossible to gain that type of compliance. Mayor Pro Tem Ayer supported the comments of the City Manager adding that the Council very recently set speed limits on several streets without the residents being involved. He felt that parking and speed limits were totally different and needed to be handled differently. Council Member Boyd stated that there were two groups being served - people using the streets and people living in the area. Council Member Alexander asked what the motion before the Council meant. He felt that the motion did not mean that formal legal notice would be given to every resident along every street where a proposed speed limit change was. That might be difficult from a legal standpoint. A public notice in the newspaper might be an alternative to consider. Council Member Hopkins stated she was not indicating that she wanted permission for the change by the residents. Just notification of the people of the proposed change. Council voted on the motion to postpone. On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,' Gorton "aye,' Ayer "aye," Boyd 'aye," and Mayor Stephens "aye." Motion carried unanimously. Council returned to the regular agenda order. D. The Council considered adoption of an ordinance authorizing the City Manager to execute a supplemental agreement between the City of Denton, Texas and Alan Plummer and Associates, Inc. for consulting services; and authorizing the expenditure of funds therefor. Bob Nelson, Executive Director for Utilities, stated that Alan Plummer and Associates, Inc. had assisted Denton with the first phase of the process for renewal of the Texas Water Commission permit for treated wastewater discharge. The City was entering into the second phase and additional services were needed to provide technical assistance for developing information for the permit. 459 4'60 City of Denton City Council Minutes April 17, 1990 Page 10 The following ordinance was considered: NO. 90-062 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ALAN PLUMMER AND ASSOCIATES, INC. FOR CONSULTING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. vote, McAdams 'aye," Alexander 'aye,' Hopkins 'aye," 'aye," Ayer 'aye,' Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton 'aye." E. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Appendix B - Zoning of the Code of Ordinances by adding a new Article 28C defining and regulating the location of sexually oriented businesses; providing additional regulations for escort agencies, nude model studios, adult motels, adult theaters, and adult motion picture theaters; providing regulations for the display of sexually explicit material to minors; amending the schedule of uses to prohibit sexually oriented businesses in certain districts; providing for a penalty in the maximum amount of $2,000.00 for violations of location requirements; providing for a penalty in the maximum amount of $500.00 for all other violations; and providing for a severability clause. Council recognized Diane Edmondson. Ms. Edmondson requested the Council consider a licensing provision for the ordinance at a near future date. Gorton motioned, McAdams seconded to adopt the ordinance. Boyd motioned for an amendment to the main motion to remove districts GR, C, and CB from areas where a sexually oriented business would be allowed. Frank Robbins, Executive Director for Planning, stated that one of the legal issues was that this type of business could not be zoned out. If the districts proposed by Council Member Boyd were eliminated, he would be concerned that there would be a very limited number of places authorized such as the LI, HI or PD districts. Robbins was concerned particularly with the elimination of the C district. Motion for amendment died for lack of a second. City of Denton City Council Minutes April 17, 1990 Page 11 Council Member Boyd motioned for an amendment to the main motion to remove GR and CB districts from the type use list. Motion died for lack of a second. Council Member Alexander stated that he was not necessarily opposed to the amendments proposed by Council Member Boyd but felt that the ordinance had been considered as a whole and should be approved as such with revisions made at a later date. Council Member Boyd stated the general retail and the central business district should be removed for a number of reasons. He would like staff to show Council what the removal of those type district would do to the ordinance. He would contend that there were still a large number of places that would fit into LI, HI and PD. The following ordinance was considered: NO. 90-063 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING APPENDIX B - ZONING OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE 28C DEFINING AND REGULATING THE LOCATION OF SEXUALLY ORIENTED BUSINESSES; PROVIDING ADDITIONAL REGULATIONS FOR ESCORT AGENCIES, NUDE MODEL STUDIOS, ADULT MOTELS, ADULT THEATERS, AND ADULT MOTION PICTURE THEATERS; PROVIDING REGULATIONS FOR THE DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS; AMENDING THE SCHEDULE OF USES TO PROHIBIT SEXUALLY ORIENTED BUSINESSES IN CERTAIN DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 42,000.00 FOR VIOLATIONS OF LOCATION REQUIREMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR ALL OTHER VIOLATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. Council voted on the motion. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance prohibiting parking of vehicles on both sides of Bonnie Brae Street, from old Bonnie Brae Street (at McKenna Park) to U.S. Highway 77. (The Citizen Traffic Safety Support Commission recommended approval.) 462 City of Denton City Council Minutes April 17, 1990 Page 12 The following ordinance was considered: NO. 90-064 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF BONNIE BRAE STREET, FROM OLD BONNIE BRAE STREET TO U.S. HIGHWAY 77; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Ayer motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 9. Resolutions A. The Council considered approval of a resolution temporarily closing Congress Street between Alice Street and Denton Street on F~iday, May 4, 1990. Council Member Gorton left the meeting. The following resolution was considered: NO. R90-016 A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 4, 1990; AND PROVIDING AN EFFECTIVE DATE. Alexander motioned, McAdams seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 10. The Council considered a "Letter of Intent" regarding Hartlee Field Water Storage Reservoir from the Public Utilities Board. Council Member Gorton returned to the meeting. Bob Nelson, Executive Director for Utilities, presented the Letter of Intent from the Public Utilities Board. (Exhibit A) Gorton motioned, Alexander seconded to endorse the Letter of Intent. Motion carried unanimously. 11. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, did not have any items to present. City of Denton City Council Minutes April 17, 1990 Page 13 12. There was no official action taken during the Work Session Executive Session. 13. There were no items of new business suggested by Council Members for future agendas. 14. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 8:59 p.m. 463 ~'~R~ALTERS, ~ ~I~Y SECRETARY ~I'TY OF DENTON, TEXAS 3258C RA~ STF~HEN~S, ~'AYOR-- CITY OF DENTON, TEXAS CITY OF DENTON LAKE RAY ROBERTS TREATED WATER SUPPLY SYSTEM HARTLEE FIELD ROAD BOOSTER PUMP STATION Neighborhood Coordination Status Report & Project Design & Operation Intent April 9, 1990 BACKGROUND & PURPOSE An initial neighborhood coordination meeting was held on 3anuary 18~ 1990. Since then~ many additional parties have become interested in the project including neighbors not present at the initial meeting~ community groups~ Denton County representatives and many citizens of Denton. Several presentations have been made by different people regarding this project. The purpose of this report is to address~ in writing, the neighborhood~s concerns and to provide sufficient information about the project so that the City Council may make responsible decisions regarding the development of the Hartlee Field Road Booster Pump Station and Underground Reservoir. II. SCOPE This report addresses those neighborhood concerns expressed by Wayne Oockery who is the neighborhood representative. A meeting was held on~ Tuesday~ March l>, [990, and moderated by Mr. Jerry Cott of the Chamber of Commerce Governmental Affairs Committee. Buddy Cole~ County Commissioner~ Bob Nelson~ Executive Director Of Utilities~ Bob Pence and Mike Nichols of Freese and Nichols, Inc, Patty Kent~ and Lee Allison~ Utility Engineering Administrator, were present. 465 III. DESCRIPTION OF- CONCERNS, RESPONSE AND STATEN1ENT OF CONDITIONS AND INTENT. A. Underground Tanks/Covered Pumps The PUB passed a resolution directing the staff to design underground tanks for the site. The tanks will be "nestled" into the side of the hill and bermed to cover the exposed side such that only approximately 18" of the top edge of the reservoir will be visible. The PUB also directed the staff to construct a building over the pumps to prevent pump noise from affecting the surrounding area. This will be accomplished by constructing a building over the pumps. This building will architecturally have the appearance of a high quality modern residential home similar to the homes in the nearby neighborhood. The Addison Booster Station designed by Ginn, Inc., is a good example. B. Pump Noise Insulation wilt be applied to the motors and the building to minimize noise. Mr. Dockery has visited a pump station in the Town of Addison and is satisfied with their level of noise abatement. Denton will use design features to provide equal or better noise abatement. Mr. Dockery did note that an unusually loud noise occurred during pump. start-up. According to the design engineer, Wayne Ginn, this noise was due to air release which results from the Addison pumps being located above the level of the water in the tanks, which caused negative suction pressure. With such a design, air enters the piping when the pumps are not running and then must be released upon startup. PAGE 2 4,6 6 Denton will not experience this problem because the pumps will be below the water [evel and, therefore, have positive suction pressure. C. Adequate Funding Mr. Dockery indicated the neighborhood is concerned that inadequate funding could jeopardize any commitments to the neighborhood if bids are higher than expected. While it is impossible to project the exact future cost of capital improvements, the staff has included significant contingencies to account for reasonable increases in cost. The preliminary design report for construction of the site, which included landscaping~ underground tanks and a building over the pumps was $2,508,196. Since $2~970,000 has. been budgeted for the project, there is $461,80z~ allowed in the budget for inflation and other contingencies. Mr. Dockery expressed that the neighborhood was desirous of e commitment from the Council to commit to funding the project as herein outlined, even if bids came in higher than the $2,970,000 budgeted. Although the staff believes that sufficient contingency funds are available, the City would hereby pledge to not proceed with the project until sufficient funds are available to complete all portions of this first phase. D. F~esidential Development of Surrounding Area. Mr. Dockery expressed that the neighborhood also wanted a F~esolution from the City Council and the PAGE 3 F® Planning and Zoning Commission affirming their intention that th~ surrounding area be developed in accordance with the Denton Development Plan and in a manner compatible with the existing high quality of residential development. The current Denton Development Plan does address this concern; however, the best assurance available at present is for the neighborhood to remain aware of any changes to this plan or any future zoning that might occur and seek the appropriate forum in which to address those concerns when they arise. The City Council only has zoning jurisdiction over areas inside the city limits. For the Council to exercise zoning control over the area, annexation into the city would be necessary. Property Value Reductions due to the Neighbor's Perception that this Fa. cility is an Industrial Facility. With the city committed to developing the site in a manner that is architecturally and aesthetically compatible with the neighborhood as outlined in this document and with normal neighborhood vigilance regarding future zoning and development, this concern should be minimized. Underground water facilities and residential neighborhoods are often mingled together in cities around the metroplex, and all across the country, and in such areas there has been no indication of property devaluation. Therefore, it is not expected that any devaluation will occur as proposed herein. 467 PAGE 4 468 F. Chemical Handling Facilities/Safety. The facility will be designed in accordance with all Texas Department of Health standards which will include containment areas, monitoring, alarm systems and professional state certified operators. The chlorine will be stored and handled in a closed, protected and monitored containment room. Chlorine scrubbers will be included to remove any chlorine from the containment room should a leak occur and thus prevent any discharges of free chlorine to the atmosphere. The scrubber will be sized to neutralize the entire contents of a one ton container. Similar containment and scrubber facilities will be included for the ammonia. An audible/visible alarm system will be included to alert neighbors if gases should escape from the containment. Mr. Dockery noted that the Environmental Protection Agency requires an evacuation plan for any facility which stores more than 100 pounds of chlorine. This is correct, and such an evacuation plan would apply to an area where the escaped chlorine could travel in ten minutes. However, since this facility will have monitoring, alarm, containment and scrubbing facilities, such a plan is not required. Site Access Mr. Dockery expressed that the neighborhood believes that the site would have much less impact on the neighborhood, if site access were from Sherman Drive vs Hartiee Field Road. The city believes that site PAGE 5 access from Sherman Drive is an excellent idea and pledges to follow the neighborhood suggestion. This can be accomplished by either one of two alternatives~ Obtain one-half of the right-of-way for future city street and construct temporary drive. 2. Construct temporary drive on existing utility easement. H. Attractive Landscaping. The city is committed to providing aesthetically pleasing iandscaping for the project. The city will invite three (3> neighborhood representatives to work with the City's Park and Planning Departments landscape specialists to assist with the landscape design. The landscaping design will meet all of the city's beautification requirements. The representatives will help review landscaping items such as entry design, tree and shrubbery selection and placement, ground cover, irrigation needs, fencing, paint, brick, etc. The Utility Department will increase the line item amount in the preliminary engineering report for landscaping to $60,000 from $25,000. This item is for the purchase of materials only. I~elated costs such as labor, fencing, earthworks, etc., are included in the other items of work and contingencies. I. Future Site Maintenance. Mr. Dockery expressed that the neighborhood was 469 PAGE 6 4,7 0 concerned about the future maintenance of the facility. The City Water Department has a long history (and prides itself) on maintaining its facilities in an excellent manner and pledges to maintain this facility in the same high quality manner. The city invites the neighborhood to tour the city's water plant to see an example of how the city maintains its water system facilities. Other examples of the city's commitment to quality maintenance can be seen at its city parks and city hall. It is also noted that the annual 5<eep Denton Clean" campaign is also a city led effort which is another example of the city's present and historical commitment to keeping the city, in general, and its facilities, specifically, well maintained. Neighborhood Trust In order to assure the neighborhood of the city's commitment to a quality project design, the city invites a representative group to be a part of the Utility Department's design quality control team to assist in reviewing the design plans for this project. K. Miscellaneous Issues 1) Dust control durin~ construction.. The construction contract will include provisions for dust control. 2) Fire hydrant on Hartlee Field Road: A fire hydrant will be installed on Hartlee Field Road to facilitate county fire fighting activities. PAGE 7 Future tennis courts.' Since the Parks Department hopes to have a much more comprehensive recreationa! center in the nearby area, which may include tennis~courts~ the present tanks will not be designed for future tennis courts. However~ this option could remain open for one of the future tanks. Construction access: The temporary road from Sherman Drive will be used for access to the site construction. 5) Hartlee Field Road,' Will be used for access during pipeline construction. The City will rework the base and apply new asphalt on the existing pavement section from 5herman Drive to the entrance. The City will also make pavement repairs during construction from the time the pipeline construction begins until the repaying is complete. L; Project Schedule The following is the present estimated project schedule. 471 PAGE 8 472 Review this letter with the City Council and obtain their approval of the design concept and commitments listed .herein. Plattings a. Development Review Committee b. Planning and Zoning Commission c, City Council d. County Designs a. Amend engineering contract (PUB/CC)) b. Amend engineering contract (Council) c. Quality control reviews/designs d. Release plans for bidding Construction Contract a. Receive bids b. Award contract-PUB c. Award contract-City Council d. Process contracts Construction a. Monthly Progress Meetings/ Construction b. Final Inspection - c. Startup and Calibration Cu,rrent Revised 04/0~/90 04/i7/90 04/05/90 04/26/90 04/18/90 05/09/90 05/0i/90 o5/o7/9o o6/o~/9o o~/18/9o o5/16/9o o5/ol/9o 06/05/90 o5/oi/9o 06/05/90 to lO/Or/90 10/01/90 ll/Ol/90 12/o4/9o 12/m/9o oz/2o/91 oi/o8/91 01/08/9l 02/26/9t to 02/1~/91 o2/i~/9i o~/27/91 to 01/15/92 0~/01/92 Ol/~t/gZ 03/15/92 01/~1/92 0~/15/92 to 0~/~1/92 05/t5/92 PAGE 9 This project is currently on hold, pending consideration by the City Council on April l?th, 1990. The abbreviated schedule given above indicates some of the opportunities the neighbors will have to review the project progress. Dates are subject to approvals listed above. 473 6729U: 1-8-Revised PAGE 10