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AGENDA
CITY OF DENTON CITY COUNCIL
October 25, 1994
Closed Meetir,7 of the City of Denton City Co-,ncil on Tuesday,
October 25, 1994 at 5:15 p.m. in the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
5:15 p.m.
' 1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Receive a legal opinion concerning the City of
Denton's provision of fiber optics service.
26 Consider action in Dayson v. City of Denton.
B. Real Estate Under TEX. GOVT CODE Sea, 551.072
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r C. Person sl/Hoard Appointments Under TEX. GOVT CODE
Sec. 551.074
r it Receive legal advice on the selection of the City
Attorney.
Work Session of the City of Denton City council on Tuesday October'
25, 1994 at 6:00 p.m. In the City Council Chambers of City Hall#
215 to McKinney, Denton, Texas at which the following items will be
considered:
NOTE: An item listed on the Agenda for the Work session may
also be considered as part of the Agenda for the Regular Session.
6:00 p.m.
1. Receive a report, hold a discussion and give staff direction
regarding fire protection alternatives.
2, Receive a report and hold a discussion regarding street lirht
standard for dusk-to-dawn lighting.
7. Discuss attendance at the UNT and TWU Board of Ret+ents
meetings.
[ 40 Discuss the possibility of taking a field trip to view the
INTERNET system at the University of North Texas, and give
staff direction.
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Special Called Session of the City of Denton ;
Tuesday, October 25, 1994 at 7:00 P.M. in the Council Chambers of ~ k
City Hall, 215 E. McKinney, Denton, Texas at which the following '
items will be considered: i
,
L. 7:00 p.m. k
1. Pledge of Allegiance
2. Consider for Saturday,~ October 29, 1994 at
noise ordinance 1215 Knight
Street.
3. Public Hearings
A. Hold a pubic hearing and consider adoption of an
ordinance annexing and temporarily zoning a 68 acre tract
located north of Ryan Road and east of Forrestridge Drive
(First Reading) (The Planning and zoning commission
recommends approval 3-1).
8. Hold a public hearing and consider adoption of an
ordinance annexing and temporarily zoning a 263 acre
tract located north of Jim Christal The Planning vid west and
Mascb Branch Road (First Reading).
zoning Commission recommends denial 4-0).
40 Consider a variance to Section 34-114(17) of the Subdivision
and Land Development Regulations for Lot 1, Block 1, of the
Fred Hill Addition. The 1.781 acre site is located on the
south side of Hickory Street at Bradshaw Street. (The
Planning and Zoning Commission recommends denial 5-0.)
i S. Consider adoption of an ordinance approving Amendment 14 to
the agreement with the City of Denton and Freese and Nichols,
Ino6 for on Municipal engineering services for improvements to
the Den Airport.
" approval of a resolution congratulating tt e f
6. consider
University of North Texas in achieving their Division I status
in football and their acceptance into the Big West Conference.
7. Consider approval of n resolution endorsing the of forts of the
National League of Cities and the Texas Municipal League to
fully inform our citizens about the impact of federal mandates
on our city finances and the pocketbooks of our citizens.
s. Miscellaneous matters from the City Manager.
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9. Official Action on Closed Meeting items: {gendaite
A. Legal Matters late - 9
B. Real Estate w.~?
C. Personnel
D. Board Appointments
10. New Business
This item provides a section for Council Members to suggest
items for future agendas.
1'. Closed Mestingi
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A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
art::
B, Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sea. 551.074
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
{ the day of , 1994 at o'clock (a.m.)
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CITY SECRETARY
NOTEI THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
' ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-600-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY$$ OFFICE.
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` C/T Y Of DIMTQN, TEXAS OWUNIC1PAL BUILDING • DENTON, TEXAS 7620t • TELEPHONE (817) 566-8307
Office of the City Alanager
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MEMORANDUM
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Mayor and Members of the City Council
noxI Lloyd V. Harrell, City Manager
DATti October 20, 1994
a
S.UMC1'i Review of Various Alternatives to Improve Fire Protection
4~{N. J i= ,re
I* A member of the City Council has asked that staff review various
alternatives which might be available to improve fire protection
within the community. Although we have attached information about
.a various .proposals which were considered during our recently lk
concluded budget
a process, staff has coj.centrated on near
alternatives which have not as yet been considered by the City
i Council'. In so doing, it is hoped that the Council might find a
F,
program, or a combination of programs, which appear to be promising
and for which staff would be directed to prepare more detailed
information.
All of these alternatives are presented in summary
fashion and more work would need to be done on details before they
are ready for formal consideration.
These alternatives have been developed by the Administrative
P Assistant to the City Manager, Veronica
aohn Cook. The Oglesby, and Fire Chief
possible programs are as follows ~1, Consider incentives which would encourage the
installation of fire sprinklers and/or smoke detectors in ,
buildings located within the downtown area.
' 2. Employ a fire consultant to perform a comprehensive audit
of the Denton Fire Department and make recommendations
al regarding staffing requirements, station locations, and
response times.
3• Perform a peer audit of the Denton Fire Department to
include a review of staffing requirements, station
locations, and response times. r~rr
4. Institute a comprehensive crone-trainin
employees. 9 program for city
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"Dedicated to Quality Service"
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Mayor and Members of the City Council Ag6Ad8!!
OctobQr 20, 1994
Pala 2
5. Develop a program to use lire lighters from other
departments in a part time capacity.
I IT 66 Develop a comprehensive volunteer program to supplement
our current paid department.
7. Consider a plan to provide Pull time staffing for a third
t ambulance during peak periods.
It appears to the staff that all of these programs have some merit
and are worthy of consideration. such consideration could be given
"immediately," after the final audit is received concerning the
1993/94 Fiscal Year which should occur some time in early January,
or dyeing tee budget process for next year, From a staff
~i standppooint, it is hoped that the council is able to make a firm
decision regarding this matter so that other important matters
affecting the city can receive appropriate attention. J
Should you need any further information concerning any of these
i btatters,_ please feel free to contact me,?
L oy Harre
city Manager
LVHtbtt
AMH005AD
Attachment
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Agenda No xr,MO 124-085 Agendatte S
vACS s of 2 Otte 3 046 4 ~3 el 9
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The Bureau0s survey recommended that the City staff a minimum of
Six Engine companies and One Truck Company with a minimum on-duty
force of four lire fighters per company or twenty-eight fire
fighters per shift. The Bureau dohs not assess EMS staffing
requirements.
In 19901 the City's minimum staffing allowed the operation of
five engines and one truck with three
fire lighters per company 1
(eighteen total). The staffing level has not changed since then. If
In addition, there are four personnel per shift that staff two {
ambulances.
In order to comply with the ISO's minimum staffing standards, it
would be necessary to hire an additional thirty-six fire fighters
28 - 18 = 30 x 3 x 1.25 a 361. At a minimum coat of $36,000 per
lire fighter, the annual cost would approach $1.3 million dollars.
Obviously, such a move should vastly improve the Departments
capabilities. It would not, however, guarantee that staffing would
{ be adequate for every contingency. The issue of staffing is much
more complex, because of the difficulty in quantifying the
of'activeness of a lire department and what influence, if any, the
number of fire lighters have in limiting fire loss. Traditionally,
such factors as the number of fires, the annual fire loss, fire
insurance rates, the numbers of injuries and deaths, and response
times have been the benchmarks by which fire departments are
judged.
It has been suggested that Council could consider hiring a few
fire fighters to improve staffing. If less than three fire
fighters are hired it will be impossible to increase minimum
staffing. If the traditional practice of placing fire fighters on
24 hour shifts is continued, it will be necessary to hire at least
three lire fighters. At an annual cost of $36,000 each, three fire
fighters would cost $108,000. Ideally, if only three fire fighters
are approved, some additional funds should be allocated to the
overtiza, fidget to cover sick leave, vacations etc.
The Therefore,the Department would swelcome the addition begin of somewhere.
three now
fire fighters provided that the Council did not expect our mode of
operations to substantially change. Additionally, the council
should be aware that it may be as late as July 1995 before any new
personnel would be sufficiently trained to be placed on shift.
x
If the Council wants to reactivate Central, at least twelve
additional personnel should be added. If they expect us to open
Central with existing staffing some thorght should be given to the
impact of such a decision on the level of services provided to our
citizens.
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CY of DEAlMi TEXAS MUNICIPAL BUILDING s DENTON, TEXAS 76201 TELEPHONE (017) 568.8,307
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' Olfise of the City Manager
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MIMONY\L VA
y~lJ oyYS~ y l.' ~ a~;:
>;'rt TOi Lloyd V. Harrell, City Manager
°;kz noxi Veronica S. Oglesby, Administrative Assistant ii ti
' r DATZi October 19, 1994
8VBaCTi Incentives for Installing Sprinkler and Fire
Alarm Systems Downtown
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At the request of the City Council, Staff researched the
feasibility of installing sprinklers in buildings around the square
as weli as methods of financing. After reporting those findings
and making recommendations to the council, staff was further
directed to receive input from the downtown merchants and to also "•~R'•'
s'a research information on automatic fire alarm systems. The
information contained in this report addresses both of these i
N I issues.
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Meeting vitb the Downtown Advisory Board and Main Street
Aasoaiatfoa Y:
On September 28, 1994, Chief Cook and I met with the Downtown
Development Hoard and the Main Street Association to inform them of
Staff's research regarding installing sprinklers in buildings on
the square. The five possible funding alternatives and three
recommendations, tax relief for historic sites, tax abatements, and
matching hotel/motel tax funds were presented to the group.
Because of the fire on the square lees than a week before the l t'
scheduled presentation, Staff expected tensions to be high.
However, responses to the presentation and the questions that
r1 followed from approximately 50 attendees were somewhat positive. }
Overall, there was agreement that everyone including the werchants
needed to do their part to increase fire safety downtown. Those in
"Pedieared to Quality Service"
i
A9endaNo KlSprinkler and Fire Alarm Incentives Date attendance seemed moat concerned about the cost o£ insiIng
sprinklers even with the proposed incentives. The feeling was that
monitored smoke detectors would be more cost effective. In
addition, there was a great deal of discussion regarding fire
protection in Denton, not just around the square. Most of the
discussion was in regards to the number of additional fire fighters
and equipment needed.
In sum, the Downtown Development Board and the Main Street
Association recommended three methods, in order of preference, for
increasing fire protection downtown: 1) monitored smoke alarms, 2)
additional fire fighters, and 3) sprinkler systems. The group
understood that sprinkler systems would be most effective and would
greatly reduce fire loss hadever, they felt incentives to
encourage installation of monitored heat and smoke detectors for
all buildings would be the most cost effective.
Cost to install Fire Alarm Systems
In response to these comments and direction previously
City Council to research the cost and feasibility f installithe
ng
monitored smoke detectors, Staff contacted a local alarm company
for assistance. The costs associated with installation and
operation of a monitored fire alarm system includes the actual cost
of the alarm panel and the appropriate number of detectors as well
as a monthly maintenance/monitoring fee. The cost to install these
systems, unlike sprinkler systems, is based on the number of
detectors needed- approximately $150 per device. Because of this,
the coats for installation varies based on the configuration of the
buildings interior and the type of construction. The cost may
vary eve% for buildings of the same size. ;
The alarm company we contacted indicates the two options for
E securing a fire alarm system include leasing and purchasing. Table
l below details average costs for installation around the square.
As you can see, the average cost for leasing is estimated at $7,000
for installation and an additional $60 per month for monitoring and
maintenance. The average cost for installation increases to an
estimated $17,000 if the system is
monitoring/maintenance cost decreases to purchased, however, the monthly
$ per month.
The alarm company also provided eatimated information for two of
the existing buildings on the square, Ellington's and Ever's
Hardware. Both of these buildings is approximately 3,000 square
feet but there is a significant difference in the cost to install
= fire alarm systems. The lease and purchase costs are also outlined
in Table 1.
since information regarding sprinkler systems was originally
presented to Council in September, additional information on the
costs to install these systems has been received. Because of this,
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Sprinkler and Fire Alarm incentives A9enaialte
Nate k
Staff has further refined the cost from the previous $4.50 per
square foot to $3.00 per square foci. The attached chart reflects
this change. Additionally, you will also find attached a report
from Chief John Cook which makes a comparison between the monitored
smoke detectors and fire sprinkler systems. In summary, the report
explains that the cost of installing monitored fire alarm systems
could be less than one-half the cost of a sprinkler system. In
some instances it may be possible for the occupant to secure a
modest reduction in fire insurance rates for installing either
system, however, this would vary by carrier and occupancy type.
TABLE 1 t ESTIMATED COST TO INSTALL FIRE ALARM SYSTEMS
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Chief Cook's report also makes a comparison of the effectiveness of a
sprinklers and fire alarm systems. He further explains that fire
alarms have a tendency to transmit false alarms. In 1988, the City
Council passed an alarm ordinance allowing the fire and police
departments to issue citations to individuals and businesses who
report more than three false alarms during any one calendar year.
F 'The passage of this ordinance has greatly reduced the number of 1
t; false alarms received. From 1983 to 1986 there were 286 automatic
alarma'of which only three percent were valid. In 1993 there were
only 12 citations issued by the Fire Department. No citations have
been issued to date this year.
With fire sprinklers the potential for transmitting false alarms
exists, however, the Fire Department's experience has been much
better with these systems. In addition to activating an alarm the
sprinkler system also acts to protect lives property and limit fire
growth.
You will also find attached the information presented to the
Council at the August 30, 1994 meeting regarding the installation
of sprinkler systems. At that time, Staff recommended a program
using a combination of alternatives, including normal tax
abatement, tax relief for historic sites, and use of Lalor funds,
1
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3 Agenda N0 ,-CLL Js~
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Sprinkler and Fire Alarm Incentives 4
as incentives to encourage the installation of sprinklers. Based
on feedback from the downtown Advisory Board and the Main Street
Association, and the lack of hotel/motel funds available each year,
Staff recommends concentrating on the two tax abatement
alternatives. Additionally, because of the downtown merchants'
interest in fire alarm systems, Staff feels that these systems
should be included in the abatement policy. It is recommended that
the policy also outline incentives for merchants installing fire
alarm systems, however, at a lesser level since sprinklers systems
have proven to be more effective. Staff's revised recommendations
are outlined below.
Recommendations
1. Normal Tax Abatement
As previously recommended, this option could be crafted as a
part of other improvements being done to a building. For
example, if property owners in the designated district created
jobs, made improvements, and installed sprinklers they could
qualify for up to a 10 year abatement on the increased ti
assessed value. Staff proposes this be amended to also
include fire alarm systems and require a design review process
approval as a condition for receiving up to a 10 year
abatement on the increased assessed value.
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2. Tax Abatement for Historic Sites %
Also, as previously recommended, this option would provide tax
relief for historic sites that chose to install approved j
this alternative be
rinkler systems. Staff proposes that
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P amended to indicate a tiered incentive. Currently, a building
designated as a historic site receives a SOk abatement for 10
years. This alternative proposes to encourage other eligible
sites to apply for historic designation and upgrade the level
of fire protection. To encourage more applications for
historical designations the 10 year limit could be increased
to 2D years, for example. Secondly, to promote the
installation of fire protection systems in a building
designated as a historic site, the property owner could ;
receive an additional 204 abatement (704 total abatement for
historic abatement) for installing a fire alarm system or an
additional 304 abatemett (80% total abatement including
historic abatement) for installing a sprinkler system.
If it is the Council's desire to pursue these two concepts further,
Staff recommends commencing discussions with the Landmark
Commission and the Joint Tax Abatement Committee. Recommendations
regarding exact changes to these two Frograms would be returned
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endaNc 2
Sprinkler and Fire Alarm Incentives t
AgBnda.t
from these boards to the Council. ~dt9 r r
' F. In 'conclusion, Staff feels that it would be highly desirabl
have automatic fire alarm systems installed in every builJing but
they are.not the complete solution. The best system is a combined
system of automatic fire alarms and automatic fire sprinklers.
.1
Please advise if I can provide additional information.
+ Veronica S. Oglesby
Administrative Assistant II
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ESTIMATED COSTS FOR INSTALLATION OF AOe~daNo u
' FIRE SPRINKLERS AND FIRE ALARM SYSTEMS q
(BUILDINGS AROUND THE SQUARE) Ada?t ,
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121 WeitHickory $187,302 195732 $3122 6,000 6,800 W M
119 Wet Hickory (City 001y) S53,49J 301.95 $1783 3AW 3,000 s9Aoo
119 Wet Hickory (SchrCa7 only) WOW 603.90 $33.66 31000 3,000 $9AW
115-117 Wet Hickory $113,970 64336 $19.00 ON 6AW slum
113 Wet Hickory $84,975 47948 $2833 3,000 3.000 $9Aai
11l Wet Hk" $84,973 479.68 $2833 3,000 3,000 $9,tii0
109Wool Hickory $73,870 428.29 WAS 6,000 dAw s18;J00
107 Won Hickory $39" 33330 $24.62 2,400 3,600 $7,200
' 103 Wed Hickory $120,600 680,79 $16.75 7,200 344 !;21,600
101 Wet Hickory ' $233,642 1,43121 $21.03 12,060 12,400 $36,180
209 Waet Hickory $69,210 390.69 $941 71200 3.500 $21100
J 107 West Hics my $37016 2,138.98 $1387 27,310 40,000 s81,930
123 North Elm $138,740 783.19 $23.12 61000 Vim slum
III North Elm $69,810 394.08 $11.64 6,000 3.000 $18,000
119 Nock Elm $80,700 43333 $16.14 SA00 JAW $13,000
117 North Ehn $102,846 58037 521.43 4,800 3,000 s14,400 ;
113-113 North Ells $155,328 876.83 $14.12 11,000 11AW 433Ab0 a
111 Nord IBM $33362 30236 WAS 3,090 JAW $41000
109 North Ehn
• ~ $60,151 340.70 $20,12 3,000 3;000 $91000
107 North Elm $56,857 32096 $1272 4,470 3,800 $13,410
105 NordEhn 558.260 328.88 $11,43 5,000 3,000 $ISA00
101-103 North Elm $322" 1 $3588 91000 4,000 $27.000
207 North Elm $51,754 MIS 67.19 7,200 10,800 $21,600
203 North Elm $147,976 83332 $1630 9AW 11100 127,210
208 Wed Oak $47,932 27038 320.66 M20 2AW 56,960
120-1225 Wen Oak $113,876 654.12 $1931 6.000 7.5% s18,000
124 West Oak!>s00 Wed Oak $84,823 47834 $14.14 MW 7$00 $18,000
116 Wed Oak SKU 343.78 $10.13 6,000 JAW 118,000
120 Wed Oak s81,81d 461.86 $1091 7,5W JAW S22s5W
112Wan0ak $102,846 580.37 $34,28 3,000 3.000 $9AW
114 Weq Oak $69,810 394.08 $1434 4AW 3.000 $14,400
108 Wed Oak $60,411 34102 $1349 3,650 1,741 $1050
110 Wed Oak $104,940 39239 $2540 4,100 2,030 s12300
104-106 Weal Oak $168,870 95327 51448 11,500 81230 S34M
100-102 Wet oak s314,838 1,777.26 $17.49 18,000 16,800 354.000
105-10M took $251,042 1417.13 97 36 000 45$
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ESTIMATED COSTS FOR INSTALLATIOAAWN0
FIRE SPRINKLERS AND FIRE ALARM Sy% -
(BUILDINGS AROUND THE SQUARB&te.lQ2+~= a
K9r '122 North Load $139,618 78930 824.71 SAM 6,240 $16,950
108 Eat Ook U&S86 217.82 $22.70 1,700 1,741 $5,100
r 118-12DNorthLoad(SdvCatyoaly swam 385.18 $1033 6,480 ow 819.440 i
116NorthLocad L01= 279.13 $1031 4,800 SAM SHAW f
114 North Locwt 561021 348.42 $989 6,240 0 $18,720
112 North Load , 860,740 34285 $1439 4,230 9,000 SM750
IMIONcNLoml 8116,119 636A2 WAS 8,500 0 823,500
r 104 Noob LooW $114,089 644.03 $24.40 4,675 4,400 414,023
106 Borth Locust $49,160 m5i $1781 2.%0 2,700 88,2x0
102
NorthLocad $33,0SS 2".10 $17,00 3,120 3,200 89,360 '
1io North Incurl $165,125 93215 $26A6 6.210 4,897 818,720
101S"LAK" $1,195,953 8.461b0 UM 79,243 90,000 $237729
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WrALS 86,767,568 38,202.92 SIM 102,448 391,71S 81.207,344
p • iVI*Aog SQUARE FOOT BASED ON APPRAISAL DISTRICT sun
• • 11ASBD ON AVERAdE COST OF $'t0 PER SQUA" FOOT u
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MEMO 194-097 tendaNo
Tot Agendalt
Ms, V, Oglesby, Administrative %ssist
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FROMt J. Ls Cook, Jr., Fire Chief ,
DATEt 14 September, 1994 ~~VV
RLt Feasibility of rnstalling Automatic lire Alarm Systems In ,
Lieu of Automatic Fire Sprinkler Systems in Commerical
and Business Occupancies
i
The City Council recently directed staff to provide them with
information concerning the feasibility of installing an automatic
fire alarm system in commercial and business occupancies in the
downtown area in lieu of an automatic fire sprinkler system, i
f- hope that the information contained in this memo will be sufficient
to address their concerns.
There are essentially two types of fire alarms systems, manual
and automatic. Manual systems are an interconnected series of
devices `(pull-stations) which must be physically activated by a
person In order to sound an alarm. The Uniform 8+ildind ced.
requires this type of system in a number of occupancy classes, '
particularly in those instances where there is a large number of
occupants aid/or there is a life safety concern.
Automatic fire alarm systems, on the other hand, do not require
human intervention. Rather, one or more detection devices respond
to the stimulus of heat and/or smoke during the incipient phase of
a lire.
~ This stimulus antuates an alarm device.' The primary
purpose of this process is to detect a fire early enough to provide
the occupants of a building with a sufficient amount of time to
safely exit the building,
The most common automatic fire alarm is the residential smoke
detector. All of the model fire and building codes require that
new residences be equipped with smoke detectors in recognitio,, of
the fact that eighty percent of all fire fatalities occur in
dwellings and that eighty percent of all fire deaths are the direct
result of smoke inhalation. since this practice began in the late
1970's, the death rate in the United States has been reduced by
more than fifty percent.
A recent study of smoke detector performance in residential
occupancies conducted by the National Fire Protection Association
(NFPA) revealed that smoke detectors cut the risk of dying in a
i home fire by roughly forty percent. (John R. Nall, Jr, "The V.S.
Experience with smoke Detectors" NFPA Journal gs (September/October
1994)= 9d - 46,) The NFPA also found that approximately 92 percent
of all homes are now equipped with smoke detectors.
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MEMO 094-007 ~~dHp
PAGE 2 or 4 ABendalte-_
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Unfortunately, the study also discovered that one third of he
detectors did not operate properly in the tires which occurred In
homes equipped with a smoke detector. disturbing was the
revelation that the eight percent of the homes without smoke
detectors account for nearly half of the reported fires, Two
recent incidents in the City seem to support the NFFA's findings.
In the first incident, an elderly woman died due to smoke
inhalation in an apartment fire. Her smcke detector had been
disabled. In the second incident, a four year old child died in a
mobile home fire. The home did not have a smoke detector.
Automatic fire alarm systems may also be designed to summon the `
fire department. Due to the early detection of a fire, this prompt
notification reduces response time and allows the fire department '
I to arrive quick enough to extinguish a fire before it does any
I significant damage.
Automatic fire sprinkler systems are similar to automatic fire
alarm systems in that the system also provides ea771y detection and
warning. Each individual sprinkler head is actually a heat
detector and will actuate an alarm device when a head fuses in
response to the heat generated by a fire. If so designed, the
system can also transmit an alarm to the fire department.
In order for an automatic fire alarm system or an automatic fire
i sprinkler system to notify the fire department, the system must be
supervised. Unfortunately, not all systems are supervised.
i supervision is especially critical in buildings that are
unoccuppied for significant periods of time as is the case with the
buildings around the square. Currently, less than five
all buildings (1,335 systems ve. 30,000 structures) within theCity
have a supervised fire alarm system. This obviously, delays
notification of the Fire Department.
The ideal automatic fire alarm system would be one
E similar to the one in place in :.:e Woodlands, Texilss. The Woohda ands
is a new home town project of HUD and the Mitchell En4rgy and
t development corporation. Located just north of Houston, the
community of 40,000 people has approximately 150400 structures.
Every building is equipped with an alarm system.
Approximately 69
percent of them are supervised. As would be expected, their annual
fire loss is minimal. In the twenty years of their existance, The
f Woodlands has only had two fire fatalities. Both of the deaths
occurred in the same fire in a single family dwelling. The
dwelling's alarm system was not monitored.
{ While the NFPA study cited above found that 92 percent of all
11 residences were equipped with smoke detectors, their study revealed
i that such was not the case for nonresidential properties. These
f
f
f
xffi!o 094-087 Agenda No A~-
PAOE 3 Of 4 4genda't r
Wye Z
properties are more likely to use heat detectors rather than m $e
detectors and to have very limited or partial coverage. As an
example, the study found that the percentage of stores and offices
which had experienced a fire and had some type of detection
equipment present was significantly less than in residences. The
numbers varied from a low of 13.3 percent in 1983 to a high of 32,1
percent in 1993.
In addition to the lack of detection devices in non-residential
property, the reliability of the systems that were present was a
` problem. in 19931 for example, The NFPA found that only 73.1 F
percent of the detectors were found to be operational in fires
which occurred in stores and offices.
Fire alarms systems also have a tendency to transmit false
a alarms. In response to reliability problems and excessive false
alarm from fire and police alarms, the City Council a
f ordinanace in 1988 which a p seed an alas
issue citations to individuals santhe fire and d businesses whocreportrmoretthan
three false alarms during any one calendar year.
Prior to passage of the ordinance, the Fire Department found that '
only three percent of the 268 automatic alarms received from 1983
to 1986 were valid alarms: Fortunately, the ordinance seems to be
working. In 1993, only twelve citations were issued by the Fire
Department. No citations have been issued to date this year.
The experience with automatic fire sprinkler systems is
significantly better. True, the potential for tranar.;tr,ing a false
alarms exists. Nevertheless, in addition to sounding an alarm a
sprinkler system also acts to suppress a fire. This not only
protects lives and property, but limits fire growth as well. In
tact sprinkler systems have proven to be 96t effective in
controlling and/or extinguishing fired. A major loss of life (more
than three fatalities) has never been documented in a fire in a
sprinklered building in which the system properly actuated. Nor
has there been a fire fighter fatality.
:a Normally, when the fire department gets there, all that must be C
E done is to clean up and restore the system to service. Incidents
which have occurred at the Benchmark, the Texas star, Golden
Triangle Rail, Payless, and colter's in recent years attest to the
effectiveness of sprinkler systems.
While sprinklers are the most effective, they are unfortunately,
I the most expensive to install. Typically these costs range from
$1.25 per square foot in new construction to $3.00 per square foot
to retrofit existing structures vith sprinklers. The cost to
install an automatic alarm system, on the other hand, could be as
r ~
XZXO 194-087 R~SR 3 m.~e~
PAGE 4 OF 4 Dale 'g
little as one half the cost of a sprinkler system. For example, a
recent survey of esveral buildings on the square by our fire
protection engineer indicated that the cost to install an alarm
system would vary from approximately $ 0.58 per square fool at
Evens Hardware to $1.46 at Ellingtonla.
y'
In some instances, it may even be possible for the occupant
to
„ secure a modest reduction in their fire insurance rates. Although
this apractice varies by carrier and occupancy type. Additionally,
many of the smaller occupancies sprinklers may be a less
practical solution than fire alarms, at least in the near term.
. Naturally, the Fire Department would prefer sprinklers. We. of
f course, understand the obstacles which must be overcome before this
could happen. Certainly fire alarms systems are preferable to no
system at all and either system is only as good as its maintenance.
At°a minimum, all structures, regardless of occupancy, should
have a fire alarm system. Ideally, the larger occupancishould
also have automatic fire sprinkler systems. A concentrated, united
effort to encourage the installation of automatic fire alarm and
sprinkler systems could make. Denton a much safer place to live. R
These efforts could be used as a ,tool for economic development
becaiuse of the modest insurance savings and certainly the
r accompanying reduction in firs losses that would more 'than likely
result from such an effort. These systems are also important if
staffing to not going to be increased in the Fire Department.
'r~~ conaiuslone t
16 It would be highly desirable to have an automatic fire
alarm system installed in every building within the City.
` Such an action would saves lives and reduce lire loss.
2. Automatic lire alarm systems are not the complete answer.
The number of false alarms and the recorded failure rate
of approximately one-third of all systems is significant.
R 3. The best system is a combined system of automatic fire
alarms and automatic fire sprinklers.
A,
1 %
1
t•
` E ~endaNo 9
I Agartda~te
L Data
CITY al DENTON, IWXAS MUNICIPAL SUILOINQ7 DENTON, TEXAS 76201 / TELEPHONE (817) 566-8307
' Office of the City Manager
i
70: Lloyd V. Harrell, City Manager
FROM: Veronica S. Oglesby, Administrative Assistant II
DATE: August 26, 1994
SUBJECT: Sprinkler Systems in Buildings on the Square
~ i
Hack r9 ound
In order to provide a higher level of fire safety in buildings
around the square, Staff has Investigated methods of financing, in
whole or in pert, the installation of sprinkler systems, in
buildings on the square. The following outlines those options.
Susnary j
Several cities were contacted to see if current policies encouraged t
sprinkling of existing facilities. These cities, including Fort
Borth, Arlington, Farmer's Branch, Coppell, University Park, and
T. Addison, had no policies in this regard. They, like the City of
Denton, have adopted and follow the principles outlined in the r
Uniform Building Code (USC). According to several of the cities
surveyed, Denton's current Code is somewhat more restrictive than j
theirs., j
llrticle 27 Section 3802 of the Denton Coda, Fire Extinguishing
Systems, provides guidelines and requirements for installation of {
automatic sprinkler systems. To summarize, this section provides
that all buildings constructed of noncombustible material after
June L, 1991 having more than 10,000 square feet shall have an
i automatic sprinkler system installed. Likewise, a!l buildings
i constructed after June 1, 1991, of combustible construction having
5,000 or more square feet, should have automatic sprinkler systems.
Section 3803 also Identifies exceptions to the aforementioned
provisions.
,
However, Section 3002(6)(a) and (b) provides conditions under which
buildings existing or under construction prior to June 1, 1991 must
also install automatic sprinkler systems. These are:
1~ The total square footage of such addition,
"Dedicated to Quality Service"
for
,.a
' i
AgendoNo
Agsndall
eta '
when combined with the square footage of all aq
` previous additions and enlargements to the _v
building exceed 10,000 square feet) and,
2. the total square footage of all such additions
t to the building exceeding more than 251 of the
total floor area which existed or which was
under construction.
Current City policy, as outlined in 1 and 2 above, applies only to
those buildings that existed prior to the adoption of the current E
ordinance and make improvements or additions. The City is j
committed to providing maximum fire protection especially through
the use of fire sprinklers. However, those buildings existing
prior to June 1991, in effect, all the buildings around the square,
are considered legal nonconforming uses and cannot be required by
ordinance to sprinkle their buildings unless the above conditions
' apply•
Table 1, Sprinkler Systems on the Square, outlines the assessed ,
value
per square foot for buildings on the square as well as
approximate costs to Install sprinkler systems in- existing
facilities. Research found the average cost to sprinkle a
building, during new construction, approximates
foot. To retrofit could be as much three timesgthatramount#
$4.50 per square foot. As you can see in the table, the cost to
sprinkle the majority of the
E buildings around the square ranges
from $12,000 to :20,000.
~y4 Tc r,
Staff also researched to see what kind of insurance adjustments
could be expected if an existing building installed sprinklers.
Initial findings Indicate conflicting information as to whether
rates would increase or decrease.
Department of Insurance sets the maximum For example, the Texas
charged on an insured property. They Indicate rammaximum areduction
of 50! in Insurance premiums if sprinklers were installed. On the
} other hand, there are some instances where premiums would not be
reduced. In fact, information provided by a local Insurance agent
indicated that the average Insurance rate on a ;1,000,000
for example, would Increase six percent. Based on the conflicting
a 'Y results, additional discussions would need to take place with the
' Texas Department of Insurance to obtain further clarification on
r'
this issue.
i
In addition to existing policies requiring businesses to sprinkle,
and cost to Install sprinklers, staff researched alternative
methods of providing financial relief to those wishing to sprinkle.
These alternatives Include tax abatements, use of general funds,
q f Lalor funds, utility funds, and the creation of a Public
Improvement District
feast
(PIDI as means If installing sprinkler systems
methodsdtogpro vide relibefilarity d tailed beltow natives and suggested
~s
Agenda%
D31adal/O, r ~--3--
Tax Abatement Relief for Historic Buildings
In regards to tax abatements our Legal Staff advises that funding
of sprinkler systems for historic buildings on the square may be
f considered by the Council under two narrow statutory exceptions to
I the State Constitution. First, TEX. TAX CODE ANN. Section 11.24
(2) (Vernon 1992) states that a city "may exempt from taxation part
or all of the assessed value of a structure if the structure
jag
"designated as a historically significant site in need of
tax relief to encourage its preservation pursuant to an
ordinance adopted by the governing body..."
I
The City currently has an ordinance, Section 10-126 which exempts
an "historic site" from 50% of the assessed value of real property
or ad valorem taxes levied by the City for a period of 10 years.
The criteria by which Council approves historic designations is
outlined in Section 35-215 of the Denton Code of Ordinances. To
date,' Council has designated a total of 25 historic sites
throughout Denton. Sixteen, designations are located In the
Oak/Hickory Historic District; five are located in the immediate
downtown area, facing the squsret and four others, including the
Courthouse-oft=the-Square, are located within the Central Business
District. These maps have been attached for your review.
i
-Motel Tax
Hotel
Secondly, TEX. TAX CODE ANN. Section 351.101 (Vernon 1992) provides
that a city may use Lalor funds for "historical restoration and
preservation projects or activities or advertising and conducting
solicitations and promotional programs to encourage tourists and
convention delegates to visit preserved historic sites or mussums.'f
These projects must be located. in the immediate vicinity of
convention center facilities or locations that would be frequented
by tourists, convention delegates, or other visitors to the
municipality. If the Council finds that installing sprinkler
} systems in buildings around the square meets these conditions, then
Laloi funds may be used to underwrite all or a part of the cost of
the Installation of sprinkler systems in compliance with local
building and fire code standards. One limitation to this
alternative is the lack of hotel-motel tax revenues available each
year since almost all of the local tax authorized by state law has
been allocated. For example, only an estimated =13,620 remains in
t the reserve fund for 1993-94. An additional ;25,500 of
undesignated revenues is expected to be added to the Hotel-Motel
I tax reserves for 1994-95.
II
1
AaetidaNo 9.4"
~QB~dal18~ 4
Tax Abatement DaSe 16 -1 S- 4
l ~eo$
Another possibility is that the Co•+ncil could designate a
"sprinkler district." The buildings in the district could then
qualify for tax abatements if our current tax abatement policy was
amended. Staff contacted the City of Austin regarding tax
abatements given to businesses for Improvements in their Community
Development Block Grant Target arena. In Austin, d
business could
qualify for tax abatements if the project expended at least
$100,000 toward construction improvements and created at least five
jobs. If Council were to explore a similar option, the Property
i Redevelopment and Tax Abatement Act (PRTA) leaves the type of
improvements and number of employees to be hired, if any, to the
Council's discretion.
If the Council were to pursue this option under the PRTA, two
things must be taken into consideration. First, amendment to the
City's abatement policy at this point would require a three-fourths
vote of the Council. Secondly, the PRTA allows abatement for up to
10 years on the assessed value in excess of the value the year the I j
abatement agreement was executed. Consequently, the possibility I
exists.that the Appraisal district may not increase the assessed
value of a sprinkled building.
General/Utility Funds
Staff researched the possibility of using public funds to assist
with installing sprinklers around the square. Our Legal Staff
advises that an initiative of this type may be in violation of the
State Constitution regarding the prohibition of giving gratuities
to private business if owners of buildings other than those
€ designated as historic sites receive benefit.The only public funds
I that may be used to underwrite all or a part of the costs would
need to comply with guidelines for use of Lalor funds.
Public Improvement District (PID)
Another option would be for the Council to designate the area
around the square as a Public Improvement District. Public
f Improvement Districts, authorized by Chapter 372 of the Texas Local
Government Code, exist to provide improvements or services in a
designated district. They are funded by income from special
{ assessments generated by owners of real property within the
boundaries of the district. The Council may create a PID after
initiating or receiving a petition signed by the followingo
i
11 Owners of more than 501 of the appraised value of taxable
real property liable for assessment, and
y
INN
~erxfaNo,,~~
aa~a0a;te ~
2• a• Owners of more than 501 of the area Of taxable 1
property liable for assessment= (j '~1~O
b. Owners of more than 501 of record owners f eal
property liable for assessment.
According to the Texas Local Government code, authorlaed
improvements within a Public Improvement District Include 11. ..water
and wastewater, public safety, security, business recruitment,
, Based on this code, It would seem that the
development, is open to Council'e interpretation as to whether a pip
could be created to fund fire protection. If Council is interested
In pursuing a PID as a method of financing the installation of 1
sprinkler systems, addltioncl legal research is needed. !
I
Clearly, the Council has options In regards to sprinkling buildings 11
around the square. Because these types of improvements would be
cortly, the more assistance provided by the City, whether through
tax abatements or designating downtown as a "sprinkler district"
the more receptive property owners would be.
ALTZMATIVIS
f After much research and consideration of the cost of installing
sprinkler systems, Staff concluded that no one program would be
effective in encouraging sprinkler systems. Prather, a
using a combination of alternatives is recommended as followagram
1, ornal Tax Abales~ent
s option cowl be crafted as a
Improvements being done to a building. for examplethif
property
owners In a sprinkler district expended at least
:1001000, created at least 5 jobs, and installed an
approved sprinkler system they could qualify for up to a
10 year abatement on the increased excess value the year
the abatement agreement was executed. The final criteria
would have to be determined by the Council and the
current abatement ordinance would have to be amended.
2• Tax Relief for Historic Sites fff
Tie aecon option wou d ba to }
Historic Sites that chose to install rovidea a tax relief for
systems. There are currently, 41 buildings arounddthe squarer
As previously stated, 5 of those buildings, or 121 currently
have a historic designation. In the opinion of the City's
Preservation Officer, 421 (17) of the remaining buildings
would be eligible for historic designation, 291 (12) may be
eligible with appropriate facade renovations, and the
remaining 171 (7) would not be eligible. if a property owner
did not qualify for option 11 normal tax abatement relief,
E
i
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i
Wal No '~g J,
Agac~~',loo't~-•~-
they could apply for an additional abatome'Eee
determined by the Council. rp0F q0
i °,i-~
t 3. Lalor Funds
i a property owner could not qualify for options 1 and Z, the
third option would be to apply for matching Lalor funds. For
example, these funds could be awarded on a matching basis to
cover the cost of installation of sprinklers in the designated i
Historic District. The funds available for this option would
be limited and would vary each year based on availability of
unreserved Lalor funds
If Council is interested in further developing these alternatives;
it It recoemended,that Staffs including the Preservati6n Officer,
seat with property owners to discuss these issues.
Plesse'advise .it I cin provide additional information,
Veronica S" Og es
AdmiJl38trative 1►ssistant IT 1
x, t tra.
~ r f
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A^wf
SPRINKLER SYSTEMS ON THE SQUARE Ca.3 r
(ASSESSED VALUE PER SQUARE FOOT) ~161~ 'in
ASSESSED M94-95 AVERAGE SIZE SIZE COST
VALUE ' PROPERTY ASSESSED APPR FIRE TO
LOCAPON a~ of SAM4 TAX VALUE' DIST DEPT SPRIHM6*
4121 West Hickory SIVX2 SIA57.32 $3122 6AW 6,800 524,000
I I'l wat Hickory (Cky mfr) $33,490 5301.95 51783 3,000 3,000 $12000
r 119 Wa1 Hickory (SdWaty oW $106980 $60390 533.66 )Ado 3,000 sl2m
115-117 Wat Hickory $113,970 5643.36 $19.00 6,000 6,000 S24AM
11.1 West Hickory $84973 547944 M33 3,000 3AW S12A00
I 1 t Wat Hickory $84975 5479 68 528 33 3,000 300D 512,00)
109 West Hick" 575,870 $42829 WAS 6000 6,000 $24,000
559.078 5333.50 524A2 2AW 3„600 $9.600
107 Weal Hickory
los Wert wort' 5120,600 5680.79 SIMS 7,200 3,600 (28,900
Sot WatHickory 5233,642 $1,43181 $21.03 12060 12AM $48,240
209 West Hickory $69910 5390.69 SM 7,200 3,500 :13,100
207 Wal Hickory sm916 At" S13B7 27,310 40,000 f109,t10
123 Nash Elm , 3138,740 5783.19 =12 6x000 6AW WA,000
' 121NottbElm 5691810 S394A8 SIIA4 6,000 3,000 4,p00
119 North Elm W70D 54SSS3 S16.t4 SA00 3AOD =20,00
8 117 North Elm S102A46 558037 $21A3 4AOO 31000 >~19,2D0 ~
113-115 North Om SiSS,928 $97623 3102 11000 HAW $44000
t 11 North Elm 553,562 5302.36 $1785 3,000 3AW S12,M
tt' 109 North Elm $60,334 $340.70 $20.12 3000 3000 $12+000
107 Nmb Elm SW37 532096 512.72 4,470 3,800 517980
_ i(!S North Elm $58,260 532888 SIIAS 5000 SAM SWAM
I-A -103 North Elva 5322 S I$2288 USAII 9000 9000 $36000
W North F1m $31,134 S292.1S $7.19 7,200 1000 520,600
J' t ; s; { • 2W North Mot 5147976 %35.u 536.30 9080 11100 SJ6,l20 [ '
208 wat Orr $47932 SM.511 120.66 2,320 2000 $9980
130,-1223 War Oak S11S976 5654.12 51931 UM 7,996 524000
124 Wee Owam Wat Oat $84,625 $47884 St4.14 6000 71500 5240% i
Aq,
! 116 West Oak 56,900 5343.78 $10.15 6AW 3000 S24A00
i 120 Wat Oak Wk 581018 546186 51091 7,500 30011 112 Wat od $102A46 5580.5') $MIS 3000 30110 532000
%1434 4,800 3000 S19.2m
t 14 Wat Ork 569910 53940E
t08WatOak $60411 S341A2 SISA9 1,830 11741 SISAW
' t 10 Wat 0ak S10494o 559299 171'1 4,100 2AS0 816,401
104-106 West Oak S168070 595327 $14b8 it," 8,230- $46AW
100-IN Wat Oak 3314,838 $1777.26 $17A9 18,000 16,800 572000
to$-107 Ent Ork 5251042 51.417.13 f6 47 45 5144
r
f
1
I
v
SPRINKLER SYSTEMS ON THE SQUARE
(ASSESSED VALUE PER SQUARE FOOT) QltB `
ASSESSED, EST94-95 AVERAOE SIZE SIZE COST
j VALUE PROPERTY ASSESSED APPR FIRE TO
11, OCAT[ON as of TAX V UE• DIST DEPT SPRIN
;r
122 North I "WI $179,858 $789.50 $24.75 SAN 61240 MAW
10.4 Ent Oat $.8,586 $217,82 $22.70 1,700 1,741 $6,800
1IS-120North Loeutt(ScWntyoaly) 568.231 W.18 $10.53 6,480 6,000 523910
116 North Lomt U9 00 5279.43 $10.31 4,800 sm 519,200
114 North I. Mt $61,721 5318.42 59,99 6,240 0 524 60
(11 North Locum $60,740 $342.88 $1429 130 9 000 $17m
{ + r 1114'1 tO North I overt $116,119 5656.62 $13.8 8.500 0 S340
} 1104 North Imot $114p89 $644.03 524.40 4675 4,400 $18,700
.
1106 Nardi Locust $49,160 527731 $1741 2,760 2,700 Sit"
E ` 102 North lmwt 553,055 5299.50 $17 O 3,120 3,200 5144
' tooNorth [was 3163,128 5931,15 526.46 6,?AO 4,897 1t4r960
pp
I lol South Loc* $1,498,955 $8,461.0 SI892 79,243 90A00 S316PI
$6,7674" 53t,M92 SIt; M 402,441 3!11715 S11M1.!!5 ~
r ( ~Tg7AL7i.
~ n FOO'T.SASED ON APPRAISAL DISTRICT SIZE
} AVBRAOBSQUARE
P ON
AVERAGE COST OF S00 PER UARE FOOT.
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® = HISTORIC DISTRICT Lf:l = SINGLE FAMILY-? ZONING ® = 2F ZONING Co MIF-I ZONIN( I
I
Y
I
~ KEKO 094-095R J~9048N0
Apdall0 u~
Date
M Kr. R. Svehla, Deputy City Kaaager
FROKi J. L. Cook, Jr., Fire Chief
w
DATES 21 October, 1994
RBI Alternative Staffing Plans
As per your request, I have prepared for your review and i
consideration an additional list of alternatives that might be
employed to address the current staffing deficiencies within the
Fire Department. i have attempted to keep my comments as brief as
possible,. Therefore, should you desire any additional details on
one or more of the alternatives, please do not hesitate to contact
me: The alternatives are = listed in any order of preference,
but are included as items for further discussion.
QgLion Ili Hire a Consultant '
In order to obtain an objective opinion from an outside expert,
it is `often to desirable to secure the services of a consulting
j firm. The consultant could conduct an audit of the Department and
make 'recommendations concerning staffing requirements, station
i locations, and response times.
The International Association of Fire Chiefs forwarded to me the
following list of consultants who perform these types of studiess
TriData Corporation (Arlington , Va.); Almont Associates (Almont,
Co.)J Hendricks & Associates, Inc. (!Washington, D.C.); MKA
Consulting Group (Boston) I The PAR Group (Chicago)] Long Associates
(Fort Lauderdale, Fl.); and W. Bryce Connick (Sonoma) Ca.).
I know several people with TriData. I contacted them and was
advised that the beginning price for such a study basod upon our
population would be in the mid to upper $40 k1s. The price would
obviously vary with the scope of the project.
9
Option III Poor Audit
gather than hiring a professional consulting firm, a leas
expensive alternative would be to arrange for a "Poor Audit" of the
Department. A "Peer Audit" would involve selectinq a panel of at
least three Fire Chiefs to audit the Department. The panel would
be comprised of actual practioners from different parts of the
country that have worked in communities similar to Denton. These
experts would review our situation and compare it with their awn.
r
yaw
ALTERNATIVE STAFFING PLANS
1 ^ PAGE 2 OF 5 Agenda No r `
Agvoalle -
The various national fire protection standards would be used as
a benchmark in addressing the issues of staffing, deployment, and
station location. An advantage to this Option is that the report
would be prepared by an objective panel of experts rather than by
professional consultants. The cost for such an audit should be
considerably less and would only include expenses incurred for
travel, lodging, and the preparation of their report. f
f
option lilt Cross-training of city Employees
Several recent discussions have centered upon the advantage of
cross-.training current City Employees from other Departments to
perform fire fighting duties. Traditionally, cross-training
programs have focused on increasing the productivity of paid fire
fighters by having them trained to perform other jobs within the
City. For example, the City of Pampa uses fire fighters as
building and code enforcement inspectors. }
' The most popular program involves the cross-training of law
enforcement personnel as fire fighters and vice versa. These
! fire/police consolidations or public safety officer programs
usually fail miserably. This is in large measure dre to the
? resistance of the employees of the fire and police departments.
The most notable exception is the DFW Airport.
There are several variations of this plan, however, which are
designed to supplament a City's fire suppression capabilities.
These programs range from having city employees function as
volunteers to having them actually become part-time fire fighters.
This latter variation is similar to a plan that is in effect in i
Bartow, Florida (article attached).
j While the Bartow plan has considerable merit, there are several
A' distinct and costly obstacles to implementing a similar program in
Denton. The first, would be the necessity to y provide the basso
fire
fighter
cer.
itication program to would-be fire fighters as
required by S.B. 3110, 73rd Legislature. The basic program
requires a minimum of 458 hours of fire training for'structural
fire fighters. If EMs training were added, another 120 to 400
hours would be added. S.B. 1110 further restricts the use of part-
time employees to a maximum of 500 hours per year.
The Fire Department does not conduct its own basic training due
to a lack of a training staff. We normally farm our people out to
other schools. The average cost is about $1,090 for a fire school,
plus the person's salary for the three to nine months they are in
training.
J
Kl. dy
I
1
1
1
ALTEANATIVB STAFFINQ PLANE endaNO
PAGE ? OF 5
Aperdult ,
Qption IVs Part-time Fire Fighters
a7a~7 1~(3
A less expensive alternative to option III would be to employee
off-duty, paid fire fighters from other cities. This would save
the training expenses and there is an abundant labor pool.
Therefore, the 500 hour limit would not be a problem. The creation
of a part-time force would be resisted by our employees who would,
no doubt, feel that their jobs were being threatened.
{I ;
Qgtion Vc Volunteers
Several recent letters to the Council have suggested the
formation of a volunteer or reserve unit, similar in scope to the
police reserve. Ms. Drayovitch has recently sent an inquiry to
Bettye Springer, a well-known labor attorney with expertise in fl
Chapter 147 matters, in order to determine the legality of such a
i
act on. i
There are numerous advantages to this alternative, not the least
of which is the salary savings. It offers a unique opportunity to
n provide for diversity within the ranks of the Department as well as
providing An opportunity for community involvement. The program ;
might also allow better utilization of the current full-time
i employees. For examplo, if reserve members were scheduled to work
on nights, weekends, and holidays it would be possible to divert E
some of our full=time people to those times when the reserves were
unavailable.
The Commission on Fire Protection places !ewer constraints upon
i. volunteer fire fighters. Volunteers are not required to be
certified. They may, however, voluntarily comply with these
? requirements. This would provide us with greater flexibility in
+ training and would give city employees in other departments greater ;
opportunities to volunteer their services as well. As long as they
were not required to be fire fighters as part of their normal job
assignments they would be considered volunteers and exempted from
FLSA overtime constraints.
For the volunteers to gain acceptance from their paid counter- r
parts, however they must be trained to the same levels.
Fortunately, this training could be phased over a period of time in
a similar fashion nn th. reserve police officer certification k
program. For example, the first phase might be limited to a 40
hour prograr. which would enable volunteers to perform outside,
support work to suppression crews. The Second Phase might include
approximately 120 hours which would allow the volunteers to reach
the HFPA 11)01, Fire Fighter I Level. Over a period of years, the
1 full 456 hour program could be accomplished.
i
i
i{
AgEmdaNo
1►LTBREATIVB STAFFING PLANS
n, PAGE 4 OF s Apdall
Data
The greatest misconception is that a volunteer program is free
and that it is a quick M. It is not. This program would require
both time and money in order to make it a success. For example,
some additional full-time staff members would have to be added to
provide for training and supervision. Although it might be
possible to contract with one of the universities or community,
colleges for the training.
Volunteers would need pagers, insurance, uniforms, and protective
clothing. It mig;it be desirable to provide some type of
compensation as well. S.B. 1110 permits volunteers to be
compensated provided that their total annual compensation does not
exceed the equivalent of 2,080 hours calculated at the Federal
minimum wage. Among the several incentive packages commonly
offered to volunteers are free utilities, free cable television,
membership in recreation centers, pay per call, and an annual
stipend.
A slight variation of the volunteer program would be the
resurrection of the "student fire fighter" program where university j
students were provided with free room and board in exchange for
r fire fighting services. They, of course, would have to be fully j
! trained and might be considered part-time employees rather than
volunteers due to the value of their compensation.
The volunteer program, if considered, should be expanded to
f include support services such as communications and fire
prevention. There would be less opposition from our current
E employees and there would be less training involvRd. Therefore,
these volunteers Auld be onboard slot quicker.
gation Vrf 1
i For approxim-el) ,the same cost as hiring an outside consultant
to study the dtaffls.g issue, it would be possible to begin to {
t; address the issue in a proactive manner. The first step in this
process would be to allow the Department to hire two personnel to
replace the last Battalion Chief when he retires in March. This
has been our plan for several years now. As you may recall, we
were able to add three personnel when the other two Battalion
Chiefs retired.
Given the '..,j :iro fighters arove, if Mb ware allowed to hire twc,
additional personnel (four total) we could staff a third amW ancs
during the busiest time of the day (11:00 to 23:00 hours). The new
personnel would work four twelve hour days on and four off (42
hours par week). This would give us some relief during periods of
J peak demands. The annual cost would be approximately $72,000
14I Y 1
1.
"
AgendaNo au
ALTERNATIVE STAFFING PLANE Agendalt
p PAGE S OF b
~J Date 7
r qq j4
($76,000 each).
I
If we delayed hiring until January the cost would be reduced to
554.000 for the remainder of this fiscal year. If this
less than
action were taken, it would be possible to redeploy our existing
personnel in a more offioient mannera if we decided to add a
volunteer or reserve unit these new fire figqhters would give us
even greater flexibility in 'integrating this program into our,
'mow Department.
ti
+~M^h i f,you so desire, i will be glad to sketch out several scenarios.
for your consideretion~,. Some require additional apparatus, but'al.l
h
} 'o!'thAa'bagin to reduce our presence at`Central. Given current
f oircumitances, this would appear to be a prudent move.
!!E a
fir.
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a
ION
„OVA - 9
KNO 094-065 '~1111~ r
Tot 1Ir. A. svebla, Depute City )tanager
nom J. L. Cook, Jre, fire chief A
DATEt Z septamber, 19Y4 AGendaNo4
A 9~~altem~..
not Resource Allocation fY 1994-95
This document was prepared and forwarded to you in response to
the concerns expressed by the City Council during their meeting of
l 30 Auquet, 1994 about the adequacy of fire proteccsan is the
f1 downtown area.
i
Let me preface my remarks by saying, that it is unfortunate that
the debate thus far has been so narrowly focused. Fire protection
is not the only mission of the Department. Approximately 75 i {
percent of the emergency responses made by the Department are for
medical calls. Only five percent of the total call volume is for
structure fires, which seems to be the primary focus of the
downtown merchants.
° Furthermore, the adequacy of fire protection in any given
i community is a much larger issue than the numbers of fire fighters,
` fire engines, and stations. While these items are extremely
important, there are other factors that must be considered which
are of equal importance. For example, the adequacy and reliability
of the water supply and distribution system, building and fire
codes, building construction practices, and the personal habits of
our citizens are all vital factors in the total equation.
It should also be remembered that fire protection is not the
exclusive responsibility of government. Fire protection is an
individual responsibility and is the responsibility of business and
industry as well. Unfortunately, no amount of public or private
protection can cr•mpensate for individual apathy or the
unintentional or willful violation of a known safety practice. For
example, there is little a fire department can do for the person
who removes the battery from their smoke detector and then
continuss to smoke in bed.
If fire protection is viewed in this larger context, one must
conolude that the level of fire protection afforded to the downtown
area is comparable to most other parts of the City. There are,
however, a number of other areas in the City where the level of
fire protection is far less than that afforded to downtown.
There large areas of the City that lack fire hydrants and water
mains. There are areas where strip annexation has caused our
l t
P
....,,.s ~\LN IV :LTV . .rl.l. .riM ..[N. W
ApMQa~10
Ag n~aNa APO
MZXG 194-085
nog 2 OF 9
Data.~~ 5- ld /9
31 a~ ~o
response times to exceed nationally accepted norms. There are
areas where substandard housing place inhabitants at risk. There
are areas where we can not enforce our codes and building heights
and site tar exceed the capabilities of all but the largest of
metropolitan fire departments.
{ On the otherhand, there are the Peterbilt's, the Safety Kleen's,
and our two malls where building construction, fire alarms and fire
sprinkler systems combine with risk management programs to greatly
reduce the probabilities that a fire will occur, and assure that if j
one does occur, the extent and damage will be minimal.
Finally, please permit me to point out that in the hue and cry of
alarm over Cenlr
al much of the progress of the last seven and one
halt years has been overlooked. For example, consider the number
of substandard buildings which have been demolished or
rehabilitated by the CDBG program. Consider the current and future
impact that our sprinkler ordinance will have. Response times
through out the City have been improved by the construction of two
new fire stations and the number of firs prevention inspections has
increased significantly.
!tiles of water mains have been replaced, and even now a major
pipeline is underconstruction in the downtown area that will
greatly improve the fire flow. A new lake has been impounded and
now water plants are planned. New streets have been built and old
ones repaired which have improved not only traffic movement, but
the response times of emergency vehicles as well. In addition, a
number of major intersections have been equipped with traffic
signal pre-emption devices which allow emergency vehicles to
control the traffic lights.
In loss than eight years, all five engine companies have been
equipped with new apparatus with fully-enclosed cabs which
increases the safety of our personnel. we have changed response
patterns to both lire and medical calls. The council has funded
better protective clothing and uniforms for the fire fighters.
Rehab and safety policies and procedures have been implemented as
well.
8o the picture 1sn1t as dark as it seems. of course, all is not
perfect. Do we have all the resources we need? Nol Could it be
3 better? Yes. Therefore, lot me now attempt to answer the
! Council's questions. I will address three specific areas of
concerns fire stations, staffing and operations, and non-emergency
ambulance service.
I3
I
i ,a.
l~ w
a~erdstdo a~~~~~j~~
PAO$ /l4-013 AQE^~'~~i_~~~'~p~ ~
25a,0V ~4O ii g/i9
lira $
For the City Council's annual budget retreat, I prepared an
analysis of the Department's current and Luture spats Heads (Kemo
X94-036/ 13 June, 1994/ attached). A major portion of that report
focused upon the issue of the Central Fire Station. Several
t slternativa■ for tha use of the building were discussed which are
germane to the current debate over Central's future.
one of the options presented to the Council was to simply
maintain the status quo. The Department would continue to operate
at present staffing levels from five fire stations. Central would
continue to be used for administration, training, and maintenance.
j Repair work would be postponed indefinitely and the reserve fund
would be preserved.
This would be the least expensive option available to the
Council. If, however, they decided to reactive Central, a second
alternative would be to use thi $200#000 reser a fund to mike the
most critical repairs to the building.
> replacement of the roof, replacement of the rear driveway, and
i replacement and repair to the building's mechanical, plumbing, and
HVAC systems.
Ae you may recall, the estimate to completely repair Central
ranges from $359,000 to $:00,000. Lear cr At that ime the Council
be deferred until the next budget y
ii could reassess the situation.
1 A third option would be to move into Central on a temporary basis
until a final decision could be made about the future use of the
building. A temporary occuppancy would not require any major repair
work to be done. A few minor repairs would need to be made and
some additional furniture woul do other beationsa ed ince m ih of
moved
era
kerns w
useable i
a
h
t
000.
25
than S
s ,
e s
1
t
cos
ould
is ah
Th
oYosed.
ever to construct a new Lire
active how ,
cost eff
ono
m
be If
ma .
It y re airin Central
station in the Downtovn area rather than P could be used to •
the reserve fund
onsidered,
c
on were uld
o ti co
ue
this ss
P ei
and th
n
statio
fire
` acquire a more suitable site for a
be placed before voters during the next CIP election. If the
soldrtoyfundtthevconstruction ofsanowibuildingal, bonds could ba
There a several advantages to this option. First, at some point
in the future we are going to have to address the issue of station
firelstationcatitheaairport. aAn airport st tion si responseuild a
1
pQMN~INO ~ "
i
~ ~j~adaNc ~ ~ •
XZMO 194-065
Ar~ea~a to r
Z3 0~~o ~ E
district would overlap most of the western portion of Station 3'e
first response district.
Unfortunately, an airport station would be too far away from
downtown to serve both the airport and downtown. Another station
i would be required to serve downtown and the eastern fringes of UNT.
The construction of a new station between Central and #3 would
allots the City to relocate a station at the airport and would limit
the number of personnel that would have to be added.
This new station might satisfy the concerns of the downtown f
merchants about response times. It would then be unnecessary to
1 repair Central. Unlike Central, Station Three is in sound
condition and would be suitable for use as a maintenance and/or
training facility.
I l
Summary of Station ODtiona J 1
1. Status Quo: Continue to operate Stations 2, 30 4, 5, i 6
at no additional cost.
2. Reactivate Centrals Use $200,000 reserve fund to make the
2 most critical repairs and spend $20,000 on furniture,
*to. The remaining repairs to be made as we can afford
them. Potential total cost could be $500,000.
3. Reactivate Central on a temporary basis. Do not make
r, repairs, but spend approximately $20,000 on furniture.
4. Now Stations Use reserve fund to purchase new site and
place the issue on the next CIP ballot. Potential costs
$200,000 for a site and $7500000 for a station.
itaffina sad Onerationsi
Historically, the proper staffing for fire suppression has been ,
} based upon nationally promulgated standards. To this end, the Fire
Prevention and Engineering Bureau of Texas surveyed the City
in 1990 for the purpose of establishing an ISO Class Designation.
' This rating is used to determine fire insurance rates for non- ;
y residential properties. At that time, the Bureau reclassified the
' City from a Class 5 to a class 4 City (The Scale is from i to 10
with, 1 being the best. The best rating in Texas is class 3).
J
~ga~a~o ~pendoNo '~°1
X1XO 4194-085 Dai3~~~so~~~l-l
PAGE a or 9
Given current apparatus and staffing, the only possible personnel
available to relocate t6 Central would be the snorkel crew at
Station Three. It they are loved to Central, we would be required
to place then on one of our reserve engines
1977
model).
( The
Snorkel would have to be placed out of service because it is not
equipped with a fire pump or a water tank.
This would mean that if we needed to provide an elevated master
stream or rescue someone from a multi-story building there would be
a significant delay in our response. It would be possible to
correct this deficiency by purchasing a Quint (a ladder truck with
a pump and water tank). To lease purchase such a unit would
require an annual expenditure of $600000 to $72,000 depending upon
the type of unit purchased.
The greatest impact, however, would be upon our ability to
provide ambulance service. The snorkel crew currently staffs an
ambulance in Station Vs district. Moving their crew would
eliminate our busiest ambulance and increase the workload on the
two remaining units. In 1993, Medic 3 responded to 1,531 calls.
Through 31 July, 1994 Medic 3 responded to 1,001 incidents and was
a close second to Medic 2 which had made 1,016 responses.
It we wort not forced to staff in the traditional way, an
alternattive would be to add personnel to cover the media unit
formerly staffed by the snorkel crew during the peak demand hours.
This would preserve the three media units during peak hours while
I providing an additional firs company. During non-peak hours the
two remaining media units should be adequate to provide coverage.
Minimum staffing would not decrease during non-peak hours, but
would increase to twenty-four during peak times.
At least two fire fighters are required to staff an ambulance.
It staffed around the clock, at least six personnel would be
required at yearly cost of $216,000. Peak time staffing, however,
would only require two fire fighters for a portion of the day. A
minimum of four full-time personnel would be required to staff a
unit every day for eight to twelve hours. This cost would be
$144,000 for a full year. If these personnel were added in January f'
the cost would be reduced to $los,000 for the first year.
If the Council wanted to open Central immediately, overtime could
be used until the new personnel were available. For six months the
overtime costs would be approximately $75,000 for two personnel
twelve hours per day or $52,000 for two personnel for eight hours
per day. Total cost for the firat option would be $183,000
($108,000 + $75,000), for the second $160,000 ($1081000 + $52,000)6
Wh
q;a~daKo 'Q No
PM NO 794- !5 ACE, u,u18f~L Nio
A final hate on staffing. While the debate has centered upon
fire protection personnel, it should be noted that since 1987 fire
calls have remained fairly constant. On the other hand, ENS calls
have increased significantly. Fiqur+ One, below, provides a
comparison.
EMERGENCY RESPONSES
1987 tO July 1994 t
5000
4000
i
9000
2000
1000
lip *06 191! 1000 1901 1902 1003 1094
Year
I
The increas,A.ng ENS workload is not only, placing a strain upon the
Department's ability to deliver EMS, it reduces our ability to
respond to fire alarms. EMS responses require that both an engine
and a medic unit respond with a minimum of five personnel. Two
:..muitaneous EMS calls would require a total of tan personnel.
This would reduce available personnel to twelve (22 - 10 ~ 12).
ti
Departmental safety standards require a minimum of fourteen
personnel to safely combat an average structure fire. Therefore,
it isn't possible for the Department to adequately respond to two
medical calls and a working structure fire at the same time.
During periods of peak demand such a scenario isn't that uncommon.
of course, if these three situations occurred at the same time, the
resources of the Department would be completely depleted.
Staffing i Operations ~stnl~arv
1. Status Quos Maintain current staffing and operations. No
cost.
j
a
2.
Kee
t I60 Standard: $1.3 million annually.
r
,cl: aq
I
j
9
bgan~!aNo, NO
+
An,.i1..1a;1b w
into 194-o4s (YAL
/10
O~F Li C)
3. Open Central immediately with current staffing by
transferring Snorkel crew and reducing EMS service. No
cost. (Add $60,000 to $72,000 per year if a quint is
purchased).
4. Maintain current operations, but increase minimum
staffing from 22 to 23 by adding three fire fighters in
January: $81,000 first year. To add six and increse to
E 24: $162,000. Should also increase overtime by $10,000.
In second year reduce costs by $60,000 due to retirement
3 of remaining Battalion Chief.
1
5. Maintain current operations, add one fire fighter in
January: $27,000. Two: ¢54,000.
6. Open Central immediately with the snorkel crew and staff
an ambulance during peak hours. Cost: $160,000 for eight
{ hours and $183,000 for twelve hours for the first year.
li For the second year, it would cost $144,000 plus $10,000
overtime. Add $60,000 to $72,000 for a quint. (For the
I cost of six full-time it is possible to add four and a
Quint.)
1 /patient Transfer:
During the course of budget discussions, the subject of non-
j emergency patient transfers was raised by a citizen as a source of
funding for additional fire fighters, in the past, all non-
% ambulance service has been
provided by the. private
sector. Like the staffing issue, this is a controversial subject.
Conaiderable debate has occurred about the possibility that the
health care reform being considered by Congress could result in a
takeover by the private sector of all ambulance services. If this
did occur, the result would be devastating given the amount of
revenue currently generated by providing emergency EMS.
Reliable sources have indicated that at least 3,000 non emergency
transfers occur within the city limits each year. The majority of
the transfers occur on a scheduled basis and normally take place
Monday through Friday between 07:00 and 17:00 hours. In order to
see if this is a viable option, it has been suggested that the
Department enter into the business on a trial basis.
a A possible scenario would be to use revenues from transfers to
pay
entered into n the business h on a trial competitive ~ basiIf the
s and
I charged as little as $100 per call, given a 90% collection rate it
would be possible to generate the revenues indicated in Table One,
WOW.
f ~
r _i
aar,..p
t
r
f 4gonda No
hello 194-065 Agsrdal
Pus s ors Da'a - ~9
It would cost approximately $32.00 an hour to staff a transfer
unit. Even at two hours, the Department would still turn a profit
of $36 per call. The use of overtime would allow the Department to
maintain minimum staffing and would provide a financial incentive
to personnel to participate in the experiment.
Table One
Potential Patient Transfer Revenues
Daily Transfers
Annual Total Market Share Net Income
1 260 8.7% $ 230400
2 520 17.3% 460800
3 760 26.0% 700200
4 1,060 34.7% 930600
11.5 3,000 100.0% 270,000 r'
If the service proved to be successful, then full-time personnel
and additional equipment could be added as funding was available.
f The service could reviewed on a regularly scheduled basis to ensure '
that it was self-sufficient.
{ ? Summary of Patient Transfer Options
1. Status quoi Do not enter business. No cost. r
2. Enter business (competitive) on trial basis using
overtime. Break even to slight profit.
{
j
~ t J
E N4
~I
1 RL
~eadaNo -
no city of Bartow's Age, ~aae
Cross_trotining Of Clty~ a~~to
Personnel
byfi?" OVOtlnOr
had part-time employment. Since St we the pie t must
!r city of Bartow recogiizea their work schedule with the city be able to work as a em thi .
that pereauxl coats are the oorndsted of 24 hours on duty. of the Ere
isrgeat atrs~e une item of was to Farlunately.
tours plan moat operating budgets. Cit• off duty. ~the of theca lx*~~ would aol ~ up use !es must be able to Address the try end ab MAXIMAze aro their
abilities to not d tthe he Polite r'c
o1W tasks. InlUepY. so the process
its theaaw timemployees. wbSe at e pm p ~ quest part and awpi- with thh union Alta seal Inee
and Wes ity and personnel tnltiad" in or- don on the part Of the indivldu• wircpt ~n tlkdVM is
der to aooompbsh Its goals' Ent Involved and the labor unlons• RZ will be a
pkyees must be &Bowed to use a =teeny, a few am personnel ! city are too
.ovId
to to police standards, part-time city' or
their unique sla& ing not only the o W of asked be the onH area t a PAP r out of pcwo& to We
o e jobs
rn{[ng which seemed Ere should be to ra+lde able
five but also the Uxbred bests of interest ape W not reduce the ~ ~ Para'
the city may recdve from their ca each other, but at that several
wanted Ste trato-
y skills and knoMedge. F we& s that iliac. there was not open rd a s asr opP ~
dtka must prwtde for and receive communication betvreen the two frig ar
berretttri Aom employees in the imly pay° ng dep As a condition of depa rtmto entthem they wtwitom b the Ere could hoe term em*jm must be t~he dt lartm
for poHe
abk OPP" cour the elo)" this additional tr►come and oppa-
t into the total tunity. As with the fin depart'
hum" 1 of ~ iVntmt>an wareT*ed s Wpm nth Minimum mint. It was a slow arld evolvhng
fimetim
hours I The wbwb* is about the City off time at the hour~Y rate nor process. but when the police chm
echooi rrd the Are
of Burto chief a attempt gain accomplish may ~ enrolled in are Kh0A
the facemermonm in po~sprn~am in our labor ad"
ass°a t~►a
7be City 0( 031tw. with an r>o u tion of 1E.000. Sir wophtm the F1 ould not apply if ~=In
appr
the
A. provi4e
'1 11
services iriclud-
}ana We the employatudt Worm Outside
nurAn A pa atisf at tall have any euocesa
typw
l~ect~ric AS entx or he rwneal woddn$ KSSW. p° " Are ncchar►ge this pollot-
funds. 7U employees are repre• malt n other words began to ftake orm the phmom* emPtaye"
Ranted by thee labs nmlons• Our could not be a volunteer Areniarn ~n of he Vn~val~
Bervite area for water, sewer and without rxut a re normal n 0uld
ekeblo service adetids pensafSa► but a stamen coul L What startedb appwd- became Eve miles
matey Imth ana three work as a police otaar public ,as
macs east dour Co.porate limits. it is not a combined pu program riot ied&3Y 00e•
t; he or she would rwt idea
We are the county Beet for Polk w entitled to overtime compensa- that cepted. became a Pllwanted to
County and have a large IU motor
of people who work in Ik, rice, but aced IEt►tach case mus take advantage Of number t t be evalu• W works aM sanitation
sled
do not reside in our wrfto areas- r4ou ter problem in POOL
• M ye,r, Ago. the admumtra the police departmc"when departmmW had personnel who
j lion developed aconcephW p ~Cers would wanted to attend police standards
that was tntended to try and use many of the police time otEc- iralrnt[n¢ in addition other em
not accept there part-time from the sanitation, eke-
r, stiles of o8 duty e person- from arwiher department. PICTees {
nd il. Marrf of the are p perso onnel el ers
FLOPADA LEAGUE OF CME9 r
1
i
dee . pubhe works and Anance A problem faced by marry po- aloe and r~Wfi rA a mmDensa• 1~) r
partrruents wanted to attend Are hoedroma r-0 After b the 'burn out syn- bon there b a direct savings - c
starmdards tranntng 7rifs unique Rer se aW years on the vohed. We have been able to :M39
, It
opportunity to have Indtvldeale to police force. many omeers seek some of our otherwise Mull-time
s«tww Interest In ~ Other the oUxr opportunities: this cross- posittau to good ex-
d partaxnt heads were advised of p "Iftirg Sean us to keep good ample of this is our city employed
the concept Not all er ed is ~ ~ and offer them other meter readers. We have appmrd.
a ny supported dies. but options. dt~ roccasions occurred on with presently y employ customers; onefi - we
eventually each accepted the con- eoi9dr only y one read-several Dept We found that Individuals police offloers in part- time meter r rce readeail yet we
read and
working M= dons that required men recreation and aced electric de- bin poll ma daily. BY using b
off- u-
or no were able to no- Another result we have seen, ~nty ce Are and manly amu- E
oebve balnh4enperform other but tut Is d0cult to measure, Is able to personnel,
accomplish we tl have task been
skilled the attitude of the Individual with
_ 9uahHed Individuals that work on cou
eds Several of ourpeperson saw When an er q np)qyee t fopttona armd a part-time basis Using this ex-
other also Vim ams. We used thesand fire pro- e Irndivkdu- ~ttcchaange receptive
atifted
fessi ~
appears safe t"ypsonnelc
als to supplement our depart- the has a more notice- city fve week,
mento. duced the t also Intro- able podUm attitude. We Invite a ay. over and above our nor at
and the first t fire American employees to talk with us about on-duty persoruma1 An meter
pion- other skins they would like to traders are ass a vehicle
!I eanlto an and Mwxe t ~ the pursue no matter how varied equipped with a radio for constant
depart- these skins are from their present contact Also our police and Bra
Bents, respec personnel
ttvr2y. rater, both of employment BY this method. the
i these trx1tvlduala transferred fun- empi~y~e glues mote conAdence r9 st hanodare seeing and vfsiUng
those structures In their
time to the Are department when In the promotion procedures of service area. We have had reports
fun-time positions became avail- the city and the concern for their from these Individuals noting un-
able, future welfare safe conditions that etdst through-
We have sold this oonapt !o Our employees' perceptions of out the cityf ust as a side note to
our employees based on the fact other departments has changed. their duties as meter readem
that an Involved benefit. 71e em- A common misconception prior to These were findings that they no-
ployees receive training and skills the crosa program was tired due to their primary training
I that are -marketable for future that ernployees s fe t that no de- as police or Are personnel.
mull be with t7bin he Q employment partment worked as hard as We are also using off-duty fire
program with another employer if they Improved working hhas e in the area of code en-
in-
choose. therefore. affording them and respect for each departmrSit mu o~D~nt Thus additional ari tra i n.
able This. oou makriot avail- es the This the f~o~ each performs. muniand cipal modes furlw broa
dens
ty more aware of Its respond- city deis improvement grew out or the the emp ' outside I the
~ these ned in&- to the being otposed area of public safety Bra
training regmrnreasets for codes. Arwtlmer benefit to that t
and establish
to entice them to stay. Havinngg a those positions splay in pr~olves~ dues the hafire l statiomechan n Is iremo smfod
hall. a en fire boo for
mac dtvenaffied and drilled work- the overall services of etfi city. - fn ~ duo between fire
roroe provides the administration in am iefit and the the cif
with mmetary bene and city administration that
!per opporsties and to the employees cannot be over- riot normally have been wmll-
eescha~m,es. We h had employ. looked. Employees who work a able' now e:dst& We have found
city employment. but we standard working shift are able that this communication has PM
have also had a greater number to earn extra money on weekends vlded employees
awe up within our organization. In their dual roles. We require they do have and feeling n that
trarmsfer y noted. we have scheduling acco dtr,g to city just a number in the computer
cep t employees to the fire needs. but more often than not system.
depart. we are able to accommodate
ments within the city. but at the the employee. us to supplement both pokeanand
same time those employees were 7be 6erillts to the city are also fire manning levels in a cost-effeo-
acne with mathe intain
papart-date rtments~• important to note. 7ue oust sav- Uve manner, When additional fire
left. o they Ings per hour worked is sue- personnel are needed because of
B
cant. If broken down m a sepa- dry conditlom% or when the need
ployees have also benefitted rate coat item for employee over- for additional police personnel is
because they are able to move to head. It approaches 40 percent.
emp~ a have due to s
oth" assi gnmenrtnerm~ to on tamParry e red ~ lo th In.,urance,p n- have been able to t~uponl.
Prn- use e2dsting trained personnel.
QUALM CMFS - DECEMBER 1992
e 2d
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Benefits g> theeft i
QUALITY FLO
RDM
7he nIght of the The merfs
In Bartow. one of the firemen on
duty was also a fu -Unte depazt-
ment. a p[oyee had oper•
Thei'iV r.'1.~..1.~.,l l~ia ated equipment to the eanltatlon
l li depart t and was a trained
depart.
the League of Cities the electric
ment.
c^~, ~M Mtat nrt. a =broke
out at
~7ahites a focal bus►ness: the am was of
had to tits o
Rep. D. Lee t
s.. to eifeetivety combat the fire. The
nan
Constantine fireman was able to do this using
his knowledge as a kf 'a t and
tmmedtateh• dlaeonrrected the
potential efectrkal harard. ;
upon return to the fire station.
and after clean-up of both the
N eft&ters and the Premmen's
Ball, the garbage dumpster was
Tft he Florida League of Cities takes great pleasure in u~ h
onoring Rep. D. Lee Constantine, Altamonte Springs, In the sanitation departm,~ng
as our Quality Floridian for December 1992. proceeded gee equipment and
Elected to the House of Representatives thts Novem- emptied U%e dters mp just fa
fire depart.
convenience
ber, Rep. Constantine brings with him a wealth of ment.
I knowledge about city government, having sewed on+ actually happened and
Altamonte Springs' City Commission for 14 years, the =w t he d =trer
last 12 as deputy mayor. From 1981 to 1992, he served during his 24-tour ehfft with the
as chairman of the d Vs transportation ernn- Bartow Rre Department. Also. It
steering wouM be diftlcult to measure the
mlttee. This year, he served on the Department o,' time value of this fndivldual to
Transportation's Pedestrian Study Advisory Board. A the city with his varied skirls and
republican, he will represent District 37 in the Legisla- his willingness to use them
ture. The four areas that Bartoves
Rep. Constantine carried a bathe' eS degree in com- city administration has gained in
most am
murdeations from the llNversity of Central Florida and
1) better use of personnel;
Is a commercial real estate broker. 2) the employeeit'greater un-
As past chairman of the Florida League of Cities' derstanding of the total functions
Municipal Finance and Taxation Committee, Rep. of the city and delivery of eer-
vIces:
Constantine brings to the Legislature his experience 3) the reaMrrnation of respect
and a keen sense of the issues affecting Florida's cities. for r ~ttermpco dU~is; between
We are pleased to honor him as our Quality Floridian fcr city departments; and
December 1992. 5) the employees being titter
ambassadors for the city by hav-
he cf~a functions.
• Ibis program may riot be for
ei. every city. but It has proven to be
beneficial to the City of Bartow.■
Jim O'Connor is the Nty man-
4W of the City of Bartow.
FLORIDA MAGUS OF CMES
26
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CITY COUNCIL AGENDA ITEM
Tot wAYOR AND mmsRs or T!m CITY COUNCIL
FROM Lloyd V. Harrell, City Manager
SUBJECTS STREET LIGHT STANDARD FOR DUSK-TO•DAIM LIonriNG
RECOMMENDATION,
i The Electric Utility Staff will present '
visual aids on a new street light standard afar Dusk to Dawn '
Lighting for locations adjacent to residentially zoned lots.
SM91AARY/BACRGROUNDs
The City of Denton has a Rate Schedule {Schedule DD} for
placement of outdoor area lighting for customer owned
•facilities. Customers requesting outdoor area lighting hav
the option of placement of a 101 watt, 2 e
50 watt, or 400 watt
sodium vapor lights at their facilities, with placement of
lights per the street light standard which includes 300 foot
maximum spacing with a "cobra head" streetlight fixture on a
30 foot street ligh•. pole.
l Several months ago,
the Electric Department received a
complaint about an area lighting installation adjacent to a
residential area. The complainant stated that too much light
was, flooding the residential area. To allevi%ta the light
scatter' problem anew design standard was completed which '
ipciuded a 100 watt high pressure light on a 20 foot pole and
lp 4M reduced pole Spacing with recessed light fixtures to eliminate
horizontal light flooding.
Construction` of an outdoor
t, lighting installation to the new standard was
a c
the customer. adjacent to the residential arsa where c1mpla for
originated about excessive iighL flooding, Afte=ai~he
i nstaliation was completed* ' the previous as flithe residents cceplaininq ikbout
E with the new installation. g problem express:~d satisfaction
Details of the new standard will be shown to the Council with
the help of several visual aids.
PROGRAMS, DBPARMENT8. OR GROUPS AFFRCTEDr
f.. Citizens of Denton, City of Denton Electric Department.
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FISCAL IMPACTi We
No change to the Rate Schedule (Schedule DD) will be ecess ry .i
as costs for new area lighting standards adjacent to
residential areas are approximately the same as present street y
lighting and area lighting construction standards.
I
Respec ully ;,8, tted,
'J
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V
i Lloyh V. Harrall i
( City Manager f
Prepared By, A.
Jim der,
Director of Electric utilities !
Approved Bvzl
n
' R, O. Nelson, ;
' Rxecitive Director of Utilities
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8C9EDULE DD f13;3~ f
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DUSK TO DAWN LIGHTING
(Effective 10/01/93)
APPLICATION
li
Applicable to any customer within the area served by the City's
electric distribution system for outdoor area lighting when such
lighting facilities are operated as an extension of the City's
distribution system.
NET MONTHLY RATE
j
(1) Facility Charge See table
(2) Snera cost Adjustment Current EC 11 x Monthly Bulb
i Wattage Factor
Facility CHUMS Bulb Nat age rac or
DDS DSA 100N Sodium Vapor $ 7.65/30 Days 48 KNH
DSB 250N Sodium Vapor S 9.95/30 Days 105 WH
DSC 400M Sodium Vapor $12.25/30 Days 1S9 KNH
DUM DMA 175N Mercury Vapor $ 6.40/30 Days 70 RUH
DME 250E Mercury Vapor $ 7.45/30 Days 98 KNH
DMC 400M Mercury Vapor $ 8.25/30 Days 153 KNH
TOR OF SERVICE
The City shall furnish, install, maintain and deliver electric
k' service to,Utomatically controlled, mercury or sodium vapor light-
Ing fixtures conforming to the city's standards and subfect to its
published rules and regulations.
Where necessary for propel illumination or where existing poles
are inadequate, the City will install )r cause to be installed, one
(1)pole for each installed light, kt a distance not to exceed
eighty (001) feet from said existing lines at no charge to the
custmer, Each additio,jal pole span shall not exceed a span spac-
ing of one hundred (1001) feet. Additional poles required to in-
stall a light in a custorer's specifically desired location, #.:+d
not having a light installed on same, shall bear the cost.
PAX=
Bills are due when rendered and become past due if not paid
within 15 calendar days from date of issuance.
PAGE 29
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TERK or err = Data-lterr ~
A two (2) year contract shall be agreed to and signed~by each
customer desiring Dusk-to-Dawn Lighting service authorizing fixed
monthly charges, which mal be reviewed annually, and to be applied
to the monthly municipal utilities bill. In the event that a cus-
tower desired the removal of the unit or discontinuance of the ser- E
vice prior to completion of two (2) years, the remainder of the
contract period shall become due and payable. After the and of the
initial two (2) year contract, service shall continue on a month-
to-month basis and may be canceled by either party upon thirty (30)
days notice.
Y SPBDIAL BACILTTI.A
All service which requires special facilities in order to seat
the customer's service requirements shall be provided subject to
spacial facilities rider.
P11L?BATIAh cF rrT .Tmv 6M
e
billing for the Facility charge shall be based on 12 billings
r annually.
Formular
' I + Actual •ye SR l'SASRB "-rmet~ '
• dad x E of lights x customer facility f
30 days Per type charge
~ ~B~Lt~i1lR~ii
k billing for the energy charge shall be based on actual K" '
oonaUNiption per 30 day period for each type of light.'
torsulam
piv i.`billiod x bulb wattage / of lights
30 days factor x per type
A Charge per MM of energy taken for fuel cost calculated in {
ao ordumee with Schedule EG.
PAGE 30
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DATE: October 21, 1994
w~ r k• - To., Lloyd Marrells City Manager
FROM: Gary A. Collins, Director of Information Services
vJsc SUBJECT: Tour of Internet A
I have, ontacted Dr. Paul Oandel at UNT regarding his availability
~y'. „J to'proi.`d@ the`City,Counoll with a tour of the Internet Network.
`This,tour would have to be conducted at UNT and would be an hour to
an hour and a half in duration. Dr. 0andel and his assistant Mr,
' Hark Thacker would both be available the weak of November'7` 1994 a
to provide this tour. They both would be available anytime during
this week , morning afternoon or early evening, and Dr. Gandel his
ag(eed to provide the council members with his thoughts on the
future of the Internet Network.
><f the City Council wishes to have this tour I will be ha
ooordiaate this if they will deteralne the date, and
time they xould
be available.
'4 it P
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Clary
A 4~gc i
Director of Information Services
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s, r. . cct Kathy DUSose, Executive Director of Finance 4r;
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MY of AMM, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (8 f 7) 666-8307
Office of fhe City kf&uw
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
r Y FROM: Lloyd V. Harrell, City Manager
DATE: October 210 1994
SUBJECT: Request For An Exception To The Noise Ordinance For A
Wedding Celebration Until 11:00 P.M. On Saturday, October
{ 29, 1994
r{1`, BACKGROUND!
%
Mr: William S. Bolin is requesting that the City Council grant an
exception to the noise ordinance until 11:00 p.m, on Saturday,
October 29, 1994 (Attachment 1). The purpose of the request is to {
z a1104 live entertainment for a wedding celebration at 1215 Knight
Street (Attachment 2). The noise ordinance declares loudspeakers,
amplifiers, and musical instruments a noise nuisance, particularly
• after the hour of 10:04 p.m. (Attachment 3). However, the
ordinance states that the City Council may make exceptions when the
public interest is served.
As the event will include live entertainment, Mr. Bolin has stated
that all surrounding occupants have been notified.'
PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED:
Area residents.
FISCAL LMCTi
None. , v
Please advise if I can provide additional information.
" RESPECTFULLY SUBMITTED, rr,
" oy .Hare "
City manager
6 T
l "Dedicated to Quality Service"
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Date Y~-~[3~i-C1
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Jose Po r
Assistant t to the Ci y Manager k
JP$np
Attachments: 1. Letter From William S. Bolin i
2. Map !I
3. Noise ordinance
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WILLIAM SCOTT 30L
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WILLOWWOOD
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1 Chapter 20 yep NLY18ANCESe (b 1.)
4w5v~lo
Art. 1. In General, if 20.1-20-30
Art. H. Abandoned Property, If 20 31-40 70
Div. 1. Generally, f; 20.31-20-40
Div. 2. Motor Vehicles, If 20.41-20.70
iut. [IL Gran and Wea lA if W71-40.73
i
ARTICLE 1. IN GENERAL
~ I
1 Seca Mt. NoLk%
(a) It shall be unlawful for any person to make or cause any unreasonably loud, dis•
turbing, unnecesaery noise which causes or may cause material distress, discomfort or injury
to persona of ordinary sensibilities In the immediate vicinity thered
(b) It shall be unlawful for any person to make or cause any colas of such character,
i intensity and continued durstion as to substantially Warfare with the comfcrtable enjoyment
of private homes by persons of ordinary sensibilities.
(c) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
(I) 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 TOO
a.m., as to annoy or disturb the quiet, comfort or repooe of persona of ordinary sen-
sibilitiee in any dw*Wg, hotel or other type or residence;
P' (2) The use of any stationary loudspeaker, ampUar or mudcai instrument in such manmr
or with such volume as to annoy or disturb persons of ordinary sensibilities in the
~ IrnmedlaN vicinity thereof, perileurlarRy between the hours of 10:00 p.m. and 7:00
a.m., or the operation of such loudspeaker, amplifier or musical Instrument at any
time out Sunday; provided, however, that the city council may main exceptions upon
applle"n when the public interest will be served thereby;
(3) The blowing of any steam whistle attached to any stationary holler or the blowing of
wW otber loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger,
(4) The eredion, excavation, danol'tiorr, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m. and 8:30 p.m. Monday through
*Cron reteunnces-Protected migratory bird roosts declared nuisance, 1647; inspection
and abatement warrants, f 19$0 at seq.; insect and rodent control in mobile home and rea
1 national vehicle parks, 132-91.
9uM Na 1 1389
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11 20-1 DENTON CODE ~9AdaN0
Saturday; provided, however, that the city council may issue special permits for au h
work at other hours in case of urgent necessity and in the interest of public safety and Ylti / 1
convenience,
I (5) The creation of any loud and excessive wise in connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con•
tainers;
(6) The use of any drum, loudspeaker or other Instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture hawse, sale of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
Xode 1968, It 1420, 14-21) I
Crow reference-Animal noise, 4 6.26. I
See. 20•3, Odor,
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable
fa*rnent of private homes by persons of ordinary sensibilities.
M The Fallowing acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be eaclusivr.
(1) Offensive odors from cow lots, hog perA fowl coops and other similar places where
4 animals in kept or fed which disturb the comfort and
i j.
sensibilities; repot of persona of ordinary
t (2) Offensive odors from privies and other similar places; I
(3) Offensive odors from the use or possession of chemicals or from industrial prozesses or 3
activities which disturb the comfort and repose of persons of oMk ry sensibilities; t
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
f (5) Offensive odors from stagnant pools allowed to recom on any premises or from
rotting garbage, refuse, offal or dead animals on any premises
(Code 1968, ii1 1429, 142<4) '
I
8sa 90,1, Garbage, trash and rubb!sb nulasusm-Generally.
W Swing or Aeeptng garbage, trash and rubbish. The storing or keeping of any and all
star hew or
of
old b. lumber
piles , refuse, junk, old ears or machinsfy or parts thereof,
garbage, trash, rubbish, soap material, ruins, demolished or partly demolished structures or
buildings, piles of sionse, bricks or broken rocks on any promises bordering any public street
&pp. No. 1 1390
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DATE: i~/hf~hr* 2e Gaon
SrDY COUN FPnRT RQ MAT ~ ~~(l✓~ '
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
f SUBJF.C7 HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE
ANNEXING AND TEMPORARILY ZONING A 68 ACRE TRACT LOCATED
NORTH OF RYAN ROAD AND EAST' OF FORRESTRIDGE DRIVE: (FIRST
READING)
MA.
TV 'laming and Zoning CommLaion voted 3 - 1 to recommend approval.
13Y: I
The City is proposing to annex and zone a 68 acre tract located north of Ryan Road
and east of Forrestrldge Drive (A-67). The tract shown on attachment #2, contains
14 single family homes with an assessed value of $2,024,466.
The City is Initiating the proposed annexation In order to include an existing "donut
hole" so that the city limits line is drawn around contiguous tracts of land.
A Service Plan setting out the City's polities with regard to extending
services to this tract is included In attachment #2. municipal
The area 1s to be annexed and temporarily zoned Agriculture "A" zoning district
classification In accordance with Section 3S-1S of the Zoning Ordinance.
The residents in this area have expressed major concerns with the proposed
annexation. Staff is proposing to amend the following city ordinances In order to t
alleviate some of their concerns.
(1) B
E reeding animals: The current ordinance prohibits the keeping of
breeding animals with in the City limits. The proposed amendment will
allow the keeping of breeding animals In the Agriculture "A" zoning district
classification.
(2) Barbed wire fences: The current ordinance prohibits the construction
erection of new barbed wire fences in the City limits. The proposed
amendment will allow the construction or erection of new barbed wire fences
in the Agriculture "A" zoning district classification.
Page /
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DATE:
CTIY COtlntrrr. RFnnu'r rrnn",.T CL/
I
{ TO: Mayor and Members of the City Council
FROM:
t,loyd Harrell, City Manager
SUBJECT: HOLD A PUBLIC HNG AND CONSIDER ON OF AN ORDINANCE
ANNEXING AND TEMPORARILY ZONING AA 68RACRE TRACT LOCATED
NORTH OF RYAN ROAD AND PAST OF FORRESTRIDGE DRIVE: (FIRST
t READING) '
M
DAT[ON•
The Planning and Zoning Commission voted 3 - 1 to recommend approval.
They is pro '
City posing to annex and zone a 68 acre tract located north of Ryan Road
and east of Forrestridge Drive (A-67). The tract shown on attachment #2, contains
14 single family homes with at, assessed value of $2,024,466.
The 1$ty is Initiating the Proposed annexation in order to include an existing "donut
hole" so that the city limits line is drawn around contiguous tracts of land.
A Setvice Plan setting out the CiVs policies with regard servic es to this tract is included in attachment #2. to extending municipal
The A Ita is to be annexed and temporarily zoned Agriculture "A" zoning district
,v
classifimdon in accordance with Sidon 35.15 of the Zoning Ordinance dtstnct
y
The residents in this area have expressed major concerns with the proposed
annexation. Staff is proposing 'to amend the following city ordinances i a order to I
alleviate some of their concerns,
i
(1) Breeding animals: The current ordinance prohibits the keeping of
breeding animals with in the City limits. The proposed anumdment will
allow the keeping of breeding animals in the Agriculture "A" zoning district
classification.
I
[ (2) Barbed wire fences: The current ordinance prohibits the construction or
erection of new barbed wire fences in the City Limits. The proposed
amendment will allow the construction or erection of new barbed wire fences
i in the Agriculture "A" zoning district classification.
Page /
i
~o
x Agermo t
' Agenealte 1
r' (3) Existing swimming pools: The current swimming pool g requires five
3 feet high enclosure around a swimming pool. The proposed amen en
allow existing pools In newly annexed areas up to six months to comply with
these requirements.
(4) Maintenance of Ryan Road: Residents expressed concern about future
maintenance of Ryan Road since it is not included In the proposed
annexation. The Planning and Zoning Commission recommended the
proposed annexation on condition that the City expand its boundaries to
include that part of Ryan Road. Staff will prepare a schedule for that
annexation and return for Council's approval.
(5) Concern about existing businesses: So far three residents have expressed
concern about existing and possible future businesses in the neighborhood.
Existing businesses will be annexed and cominue to exist In the city as non•
conforming uses. A nonconforming structure may not be reconstructed if it
Is damaged by fire or other cause, exceeding 50% of its reasonable value.
Residents are concerned about the loss of their businesses should a fine or
natural disaster occurs any time in the future. In order to alleviate their
concern staff - is proposing to work with the residents to customize an
appropriate zoning classification so that existing businesses may conform
with the zoning ordinance.
' i
HAO(GRfN) O
City Council reviewed six potential areas for annexation at the Council's retreat last
F June and directed staff to proceed with annexation of this tract. In accordance
with the Local Government Code the City may annex In any one year, an area of up
to 10 percent of the Incorporated area of the City, plus carry over from previous
years not to exceed 30 percent of the city's area or 10,514 acres.
City Council held a discussion with regard to the proposed annexation on August
16,1994 and approved an annexation schedule (See attachment #3). The first and
second public hearings were held before the City Council on September 20, 1994
and October 4, 1994 respectively and most of the residents spoke in opposition.
Response to questions and concerns raised by residents are summarized and
included in attachment #4.
Staff met with residents on Monday October 3, 1094 and again on Monday October
11, 1994 to explain the service plan and provide other information. The Planning
and Zoning Commission considered this item at its regular meeting on October 12,
1994 and voted 3 • 1 to recommend approval,
OR GROUPS &M*
All city service departments including Utilities, Engineering, Planning and
Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation,
E
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' ertd Library. Agendalfa
FIE& IMPACi': Rtie
The total assessed values for properties in this area amount $2.02 miBIori'~nth ;
estimated annual tax revenue of $11,355. The annexation and ultimate
development of this tract will expand the city's tax base.
S
ur
r'
Res y submitted:
1: )yu ' "airell, City Manager
a
Prepared by
"
Harry N. ersaud, MRTPi, AICP
Senior Plannt r
Approved by:
Frank Robbins, AICP
Executive Director for Planning and Development
i
Attachment #1: Site maps and legal description A-67
Attachment #Z: Service Plan A-67
Attachment #3: Annexation Schedule
Attachment #4: F-tsponse to questions and concerns raised by residents
Attachment #5: Minutes of PH October 12, 1994
i { Attachment #6: Annexation Ordinance
page 3
i
ATTACHMENT 1 - 4
ANNEXATION A67 a' ANNEXATION SITE
® DENTON CITY LIMITS
Site Map
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Agendalte
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Agenda No
ANNEXATION A67 Nta° =
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RYAN .
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AaendaNo
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Mhene
tract, or parcel of land situate1589 Denton
All that cert&JA `98# and the To Peacoc described as follows'
Gibson Survey nors particularly
CountYt Texas and be ng cl an Road in the
BEGINNING at a its as established by Ordinance 73-17;
existing city L eight (eI
the existing City Linits the following
TggNCg With
coursed !
M 1. north 0' 33' 12" west 258.0 seat;
;a 14~ 27" west 832.73 feet;
south 880
3. north of 40' 56" frost 1057. 29 test;
44 vest 419.0 feet;
So north 178.0 feet;
north 260 36' west 268.0 feet;
north 380 35' east 290.0 feet)
it 390 0 teat to a point in the
8. north 9 • 35
i h5 Of eawa line o! Si paseo Strsst as
`ordinance 73-17 and Ordinance 65-
r south r g
established by
35;
i Linits as
• 46' 20" west with the existing City !
THENCE south 8 Ordinance 65 35$ 1807 41 feet; 11
t established by pint in the existing IIII
THENCE south 69. 36' west 363,44 test to a
i
dinancs 79-611
City U ate as established by City Linits as
direction with the existing
THENCE in a sou0rdisiancas 79-61, 88-001 92-0601 and 93-188 a total
int in the north right of Way firs
established by
disl:and~ of 2346.78 Not to a Po
Of Ryan Roadt an Road
direction with tend contailine O ning 68 acres of
I, E11CE in an easterly inning
TEl9Z19.O test t0 the point of Beg
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ATTACHMENT 2
SERVICE PLAN
AgeadaNo
Asamdos Numbers Ail Agvdalt
ale
Aaear ssame& ft; Acres
E laatbs: North of Rpm flood sad Fad of ForrestrWp Drina
3
A. Pltlige Services
i. patrolling response to calls, and other routine
services will be provided on the effective data of
the annexation, using oxisting personnel and
equipment.
I Z, Upon ultimate development of the area, the same
1 level of police services will be provided to this
area as are furnished to comparable areas within
the City.
i
s. Piro protection and Em~gengy Medical Services IENSI
1. Fire protection and emergency medical services by
$ the present personnel and present equipment within
the limitations of available water and 41stanees
from existing fire stations, will be provided to
this area on the effective date of the annexation. {
2. Upon ultimate development of the area,the same
level of fire and emergency ambulance services will
be provided to this area as are furnished to
comparable areas within the City.
Ce WAter/Wastowater Services
Water one.. wastewater services will be extended to the
property in accordance to the City's master utility plan
and Sootion 34-318 of the Denton Code of ordinances.
bevelo.-ers shall pay the actual cost of all water and
sewer main extensionp, lift stations and other necessary
facilities required to serve their development in
accordance with the City's master utility plan and the r
` Subdivision and Land Development Regulations. I
The City may participate in the cost to oversize water
and sewer mains subject to fund availability and approval
of the City Council.
' 7.
I'~
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i
VndaNo
a a,da;fe
Where water or sewer main extensions 6tift Ui4~
force mains or other necessary facilit~~ are{~stti~-
by the developer, the developer shall be entitled to
i reimbursement of the cost of such facilities from pro- ~
rata charges paid by persons connecting to or using such
facilities to serve their property, according to thsubdivision and Land Development Requiations.
D. Solid Waste-Collection
16 Solid waste collection will be provided to the
property at the same level of service as available !
to comparable areas within the City, within so days
of the effective date of annexation.
20 he development and construction commence within
' this property, and population density increases to I
the roper level, solid waste collection shall be
i provided to this property in accordance with then
cukrent policies of the City as to frequency,
charges and so forth.
I S. Streets (1 Roads
If The City of Denton's existing policies with regard
to street maintenance, applicable throughout the
entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin
in the annexed area on the effective date of
annexation using the standards and level of service
an currently applied to comparable areas of the
City.
96 Reconstruction and resurfacing of streets, i
Installation of storm drainage facilities,
construction of curb cuts and qutters, and other
such major improvements, as the need therefore is
dotenined by the City Council or Nana or, will be
{ accomplished under the established policies of the
city.
a. T
devices raffic signals, signage and cther traffic control
established) by installeA as tstudyedandertiaffio
standards.
b. Street and road lighting
substantially developed areas to Installed
accordance nwith the
the established policies of the City.
2
F6
AT..f
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1
Ager, da No
A
F. Environmental Heath and Code Enforcement S~rvilaes
1. Enforcement of the City's environmental health l3aFc~
ordinances and regulations including, but not
limited to the grass and woad ordinance, garbage
and trash ordinance, junked vehicle ordinance, sign
ordinance, food handier ordinance, animal control
ordinance, and the tree preservation ordinance
shall be provided within this area on the effective
date of the annexation. These ordinances and
regulations will be enforced through the use of
existing personnel.
r, f
2. Building, plumbing, electrical, gas, and all other
construction codes, as may be adopted by the City,
will be enforoed within this area beginning with
the effective date of the annexation. Existing
personnel will be used to provide these services.
1. The Cit *s zoning,, subdivision and other ordinances ~
' shall be enforced in this area beginning on the
effective date of the annexation.
4. All inspection services provided by the City of
Denton, but not mentioned above, will be provided
to this area beginning on the effective date of the E
annexation. Existing personnel will be used to
provide these services.
1 S. Flood damage mitigation will be provided by
existing codes and ordinances of the City as of the f!
effective date of the annexation.
!
! 6. As development and construction commence within
this area, sufficient personnel will be provided to
furnish this area with the same level of
environmental health and code enforcement services
as are funs!shed to comparable areas within the
city.
0. Plannina and Development Services
The zoning jurisdiction of the City will extend to the
annexed area on the effective date of annexation. The
tract is to be zoned Agriculture (A) zoning classification
at the time of annexation.
I
1. Parks and Ramon Seri,CAt j
Residents of the news
I y Annexed aroa may use all recreation
t
3
9
Aeadaho `
facilities, including parks and swimming ~jX,a roughout
the City, on the effective date of the aexat on.
1 same standards and policies now used withO
I be followed in the maintenance of parks, plapq oundo~and ~V
swinming pools.
J. 8lactrical nidtr!bD
8lectrical power will be made available to the site as
required, at the same level of sc.-vice currently being
provided to comparable areas within the City.
K. Miscallanaous {
street names and signs will be installed, if required,
approximately six (6) months after the effective date of
annexation.
Residents of the newly annexed area may use
y all publicly
owned facilities, buildings or services within the city on
the effective date of the annexation. All publicly owned i
facilities, buildings or services will be maintained in
accordance with established standards and policies now used
in the City.
L, Capital Tmorovemgnts Program
The CIP of the City is prioritized by such policy guidelines
as:
1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization,
population density, magnitude of problems as related to
! comparable areas, established technical standards and i
professioual studies.
i +
41 The overall cost-effectiveness of providing a specific
facility or sorvica.
{ The annexed area will be considered for cIP improvements in
the upcoming CIP plan. This tract w'l.1 be considered
according to the same established criteria as all other areae
of the City.
f
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1
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ATTACHMENT 3
'gendaNo
ANNEXATION SCHEE E (A b6 and -A!671 A99nd !
kta
l~ pP491
ACrIMY
DATES
City Council sets date, time and place for public 8/16
hearings,
Staff informs property owners about the proposed 9/9
annexation
Notice published in Denton Record Chronicle for fast 9/9
public hearing. Service plan is prepared.
C incil holds
first public hearing. 9/20
LN
ce published in Denton Record Chronicle for second 9/23
ic hearing.
y Council holds second public hearing. 20/4
Planning and Zoning Commission makes }
retornmendation 10/12
City Council institutes arwxstion First Reading of
Annexation Ordinance.
Publication of Annexation Ordinance in Denton Record 10/28
Chronicle.
i Final Action by Cary Council. Second reeding
and 12/6
adoption of the Annexation Ordinance.
~r
}
Action requiring at least six afiitmadve votes of City Council.
s
•
~~BA[i01V0 ' -
ATTACHMENT 4 ond7il
QUMONS AND CONCERNS RAISED BY RESIDE M
~T Cf/1
i WITH REGARD TO THE pRQPDSE ANNEXAMON NORTH OF RYAN ROAD fA A
1. Concern with the future of existing businesses:
I ,
i Existing businesses may be annexed and zoned so as to comply with the City's
Zoning Ordinance. In this way existing businesses will not be affected in any way.
Permanent zoning may be customized to meet the needs of residents after i
annexation
! 2. Will the City maintain Ryan Road?
L
( The City Is not proposing to annex Ryan Road. However, the Annexation may be
t adjusted to include Ryan Road in which case the City will be responsible for
t' maintenance.
i
3, What will the city do with Leisure Lane?
Leisure is a private road and will remain so after annexation.
-r
4: Concern about costs to connect to existing water and sewer lines.
Existing water and waste water lines ara shown on map attached.
t
There is no requirement for residents to tie on to the existing lines.
S. Concern about wild animals including water moccasins, copper heads etc.
When wild animals are seen on patios, garages or near enough to a house to pose
a danger, then the Animal Control Department may be called for assistance.
6. Concern about livestock kept in the area:
~
The regulation requires that livestock Including horses be kept at least 200 feet from
a house. This
requirement is enforced when a tom
- plaint is received by the city.
7. Will existing swimming pools require fencing and gates?
The regulation Is Intended for public safety. Compliance Is required with in six
months of annexation.
F:
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111
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8. Concern about existing drainage problems: lbte _ •
After annexation the neighborhood will be eligible for consideration for r
and drainage system maintenance.
4. is there a Wait on the number of cats to be kept on the property? yp
F
No.
10. Concern about existing well agreement?
r r
Annexation will not change that agreement in any way.
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II
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Minutes ATTACHMENT 5
PiZ Commission
October 12, 1994
Page 45 r
Mr. Cochran: But I would note on that question that I
recognize a number of these faces when we were discussing the
airport and they certainly had some input into the zoning the
last time.
Ms. Russells All in favor of the motion, please raise your
right hand. All opposed. Motion carries unanimously (4-0).
i IV. Hold a public hearing and consider making a recommendation to
the City CoufVJil with regard to the proposed annexation and
zoning of a 68 acre tract located north of Ryan Road and East
of Forrestridge Drive (A-67).
i
Ms. Russell: I declare the public hearing open. Mr. Persaud?
.
Mr. Persauds Madam Chairman and members of the Planning and
} Zoning Commission. This is the second proposal by the city to
annex an area north of Ryan Road, in the vicinity of Leisure
Lane. A 68 acre tract of land. We have been working with the
residents of this area and I would like to mention that the
residents in this area of some concerns about the annexation.
t Staff has held two neighborhood meetings and have tried to see
if we could meet some of those concerns and eyplain to then
the purpose of annexation and the type of services the city
j will be providing and it is probably the acme type of response
we got from the Jim Christal Road annexation but I would like
to go over with you some of those concerns and then we can
take it from there. In your backup is a whole list of
questions and answers coming from the residents. I would like
to address some of the major issues and then we can go over j
the other issues later. Drainage seems to be a major problem
in this area and the problem with the drainage is that water
from the Forrestridge Development. On the west side of the
area proposed for annexation, is the Forrestridge Development.
We have recently annexed and approved the plat for the
I Forrestridge Development. Water from Forrestridge seems to be
atting over into this neighborhood. Also, Montecito, which
is north and east of this site seems like, because of the
topography of this area, water has been finding its way into
the ponds and over the surfaces and getting into homes located
in this neighborhood and it's presenting a major problem for
residents. City staff has been called out there on many
occasions to look at the drainage issues. The problem here is
that we have a small area surrounded by active development and
it is difficult because drainage is not a piece-meal thing.
You can not look at drainage from a site per site perspective.
Drainage has to be looked at in terms of a broader drainage
a~
~7a..
Minutes ~~81t11N0 `~1 4
Piz Commission Ap dA
Page 12, 1944 Cs--d/~'-JZ& ~r+/1 RAF ~ j
area and the problem is that it's hard to divorce this
neighborhood from the drainage issues around that area. And
so even though this area is not inside the city l:.mits, there
comes a point in time when the city is so much invol►ed
because of its location and being surrounded by adjacent artis
that is rapidly coming under urban development. Nov, the
i second issue, and L'll go over some of these issues as
{ indicated by residents. There are some residents living in
this area who own businesses right now and their concern is
that after annexation they don't know what is going to happen
to those businesses and they are worried about whether they
are going to be able to continue those businesses.
explained to the residents that when those businesses are
annexed, they would be brought into the city as legal non-
conforming uses, which mean that the businesses are okay as 1
they exist into the city limits but that they would not be {
allowed to expand nor rebuild if more than 50% of the value is i
damaged due to fire, et. Now, the other alternative to that ;
would be that we customize the zoning classification that
JE would make them legal uses now and in the future. That is F
another way that we could handle that problem. Residents as
also concerned that zoning restrictions will affect their
1 quality of life, our response to that is that we feel the E
zoning restrictions will preserve the quality of life because
we intend to work with them to put the various zoning stan-
dards in place which will help them to control unwarranted
land uses. Currently, there are vacant lands in this neigh-
borhood which could become a gravel or sand pit in the future.
The residents have deed restrictions which may prohibit such
uses but, deed restrictions, as you are aware, have to be
enforced through a court. So, if a vacant lot of land is to
be put into a use that is not allowed by the deed restric-
tions, then the property owners affected have to go to
Whereas, the
citdistrictonicourt to have their rihts ordinance will allow the city to preserved. enforce whatever
} restrictions we have for land uses and it would be much easier
for the residents to work through the city to preserve the
quality of life. There is also a major concern from about
f three property owners with regards to a well agreement. They
have an existing well agreement in which they are tied onto a
private well. They are worried that after annexation, that
that well agreement may force them to tie onto city water and
sewer which are existing some distance away. The water line
is probably about 725 feet away from this site and they would
incur a lot of expenses if they have to tie onto the city
water. We looked at the copy of the well agreement and the
wording used in the well agreement say that they have the
AT
Minutes ''~81~a3N0
Pit Commission ~9,;dai~ 1
October 12, 1994
Page 47
&AFT
right to use the well and that right shall continue until the
purchasers have water readily available in the immediate
vicinity. We felt like annexation will not change the way of
water. The lines will remain where they are now and so xe
felt that concern was not a proper interpretation of their
agreement but of courso the residents felt that they would be
forced to tie on and we feel that they would not be forced to
tie on. we have answered that question in our back up
material to you. Residents also are concerned about animals,
including ducks and stray cats and horses, which they current-
ly keep in a predominantly rural setting in that neighborhood, [
Our answer to that question is that there are some regulations ?
currently which require that animals be kept at least 200 feet
away from a home. i have been informed by our animal control
department that those regulations are enforced on a complaint
basis. What that means is that a resident has to call and say
that there is a problem before the officer will go and enforce
the regulation. I have been told that other areas in town
have ducks all over, on the homes, on top of the cars, and we
do not enforce it because the residents do not complain. it
is just enforcement on a complaint basis. Staff felt that
these regulations would not effect the neighborhood because it
would only be enforced when residents complain and if they
don't complain, we will not enforce them. Also, there are
some concerns with regards to existing swimming pools in the
neighborhood and their concerns was that currently those pools
exist without any enclosure around them. Now urban develop-
sent is taking place around this area and kids from Forrest-
ridge, without a fence, could walk over and around these pools
and have access to these pools, we are proposing to amend the
swimming pool code to allow areas annexed into the city a six
month time frame so that they can have some time to get these
enclosures put in place.
Harry Persaudt Our answer to that question is that there are
some regulations currently which require that animals be kept
at least two hundred feet away from a home. I have been
informed by our animal control department that those regula-
tions are enforced on a complaint basis. What it means is
that a residence have to call and say that we are having a
problem with animals. Then our officers would go in there and
enforce the tagulations. I have been told that other areas in
town have ducks all over, on the homes, on top of the cars, we
do not enforce it because it residence do not complain. It is
just enforced on a complaint basis. So the staff felt like
these regulations will not effect the neighborhood because it
will only be enforced when residence complains and if they
1
a7w
I
i
Minutes A$Bad3Nd _r AFT
Piz Commission m October 12, 1994 Qata Page 48 ` r
don't complain we will not enforce them. Also there are some
concerns with regard to existing swimming pools in the
neighborhood and those concerns were that currently those
pools exist without any enclosure around them. Now urban
development is taking place around this area and kids will be,
from Forrestridge, without a fence could walk over around
these pools and have access to these pools. we are proposing
to mend the swimming pool code to allow areas annexed into
the city a six months time frame so they can have some time to
get these enclosures put in place. When we initially amended
the swimming code to include the provision for enclosure in
1990-91 we did allow existing pools in the city then, we
allowed them six months to have their enclosures in place.
} Staff feels that the enclosure is a public safety requirement
and so it is very important to enforce these regulations
however. That concludes the staff presentation on this
proposod annexation. I will be pleased to respond to ques-
tioos you may have. ;
f Mr. Cochran: On the livestock question. What kind of
livestock are
saw some iother othings here a d are theare there
y closer
than 200 feet to the houses now, is that correct?
Mr. Persaud: In some areas I think they are closer than 200
feet. But like r mentioned, if the neighbors called and said
that those animals are a nuisance to them we will enforce it.
If the neighbors currently have those horses there and do not
complain about them it will be okay. I have the animal
control officer here if you have direct questions. But that }
is how it works at practice. But I must also explain that
even though the animals are kept currently nearer than 200 {
feet to the homes, the owner of those animals and that home,
there is no restriction, they could keep the animals as
to cl
their home as is no problem to them. That is okay. ose
Mr. Cochrane It is just 200 feet from somebody elsets home? r
Mr. Persaud: From the other neighbor's home that is impor-
tant. And that neighbor has to call and complain before
enforcement takes place. So r feel the regulations will work
towards preserving the lifestyle in the neighborhood.
Mr. Cochran: I personally have a little problem with allowing
something happen on the basis of the law is not enforced. And
but that is a small point, that is a minor one.
i
5gend3 No
minutes
Piz Commission Agvdaito
Mtober 12, 1994
hags 49 RO" Zvi
that may r Cochran is
Kr. Persaud: I think that the reason for
thin?: horses
that some people like horses, other people
pSo I eople think ara happy y it wirks now is to ensure
are anuisance.
that both sets of The regulations are there
to protect those people who feel that horses are a nuisance
and the regulations are there to help people who feel they
like horses. In that way it pleases both groups of people.
ols. How many
Mr.
are in this area on how emanynare snotmup to code at this
point?
Kr. Persaud: We visited with two residents who havo pools.
-i am sure there are others.
Mr. Cochran: Do these ones you visited with were they not up
to code at this point?
Kr. Persaud: lto, they don't have fencing around them. We
have been trying to work with residents to go out there and
offer further advice as to how these enclosures can be done fitting into their landscape at minimal cost and that kind of
haven'it done pit yetuggested that
westuff. intprogross, / but we started
Ks. Russ811: Kr. Persaud, I noticed that you said net
jI annexing Ryan Road, but o Road ouildinge some very nice
i culverts and resurfacing Ryan
Mr. e County dis currently working on that. w City/County nagree-
th
f
Sent .
Ks. Russell: If I recall whenever we were discussing this
Forrestridge Drive going through, i remember the water problem
at that time being dumped in. We really didn't have any
jurisdiction over this property and there was a speoifio
homeowner that talked to us at that time and we were told we
were working together with then to get them to try to t`isthee
drainage at that time, so as it continues to develop,
going to get to be a more....
1 Mr. Persaud: There are going to be more problems out there
i and we will be handicapped in terms the City will not be able
toexpand city resources to improve sea aclassic rea, because
example at
area is not in the city limits.
an area which is surrounded by urban development and problems
/ , . ABM
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Minutes ^
PiZ Commission t,.AmO
October 12, 1994 AuSCuuito FT
Page 50 c ~_1
from the surrounding areas are intruding into this neighbor-
hood and the city will not be able to render for assistance
because the area is not in the city limits.
No. Russell: Any other questions? Thank you. Is there any
one who would like to speak in favor of the petition? Anyone
t to speak in favor? Anyone to speak in opposition to the j
petition? If so, proceed to the microphone, give your name
and address.
{ Mr. Carlsont My name is David Carlson, I live at 901 Ryan
Road, in the area to be annexed. By the way, I live at the
bottom of the hill where all that water is running. The city
has not heard from me, even though I have had some problems,
I take care o,,*. those myself.
t Ms. Schertz: Can you show us where they put it please?
i
Mr. Carlson: I live right here.
Ms. Schertz: Thank you.
? Mr. Carlson: We have also been told that is a temporary
problem, that once Ryan Road is finished, once the grass gets
in, once the new lakes get in up in the parks area, we won't
have that problem. And I believe that, maybe i an gullible,
but i believe that. I want to correct a few misconceptions
f that may have come out from anyone reading the Denton Record
{ Chronicle article. There seem to be concerns about a develop
er coming in and as Marry pointed out we do have dead restric-
tions out there and I an willing to incur the court cost to
keep something happening out there that shouldn0t happen. M
deed restrictions, and there are basically sixteen of them and
I can let you look at a copy of them, but basically it says
{ lots will be used for private residence only, no building
within fifty feet of the street or within ten feet of the side
lot lines, not more than one duelling per lot, except you may
have a care taker or a quest house on the lot, useable floor
space of the dwelling shall be greater than 2500 square feet,
i no shest iron or metal plaid buildings, no septics except
systems that meet the FHA or FDA minimum requirements, no
noxious or offense trade, no outbuildings shall be used as a
residence, either temporarily or permanently, no commercial
signs, livestock may kept in the area. I am not in violation
of any ordinance. I don't have to worry about if my neighbor
is going to call up or complain and I cannot run an aninal on
my lot without being within 200 feet of somebody else's house.
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PAZ Commission t~1r1~0
Page b51 12, 1994 FTA~)1~1.3i~2
D:;2
~I 0 C01
No lots shall be used or maintained as a dumping ground. No
vehicles with a rated capacity of more than one ton shall be
kept or parked in the area. No lot or street shall be used as
a place to repair a motor vehicle. No front facing garages,
No outboard motors on the lake. No oil drilling, refining or
quarrying to take place. So you can see with these restric-
tions there is not a lot that somebody can come in and do as
far as putting in a business, creating a nuisance, that I
cannot have some say in admittedly a court of law if it comes
r to that. There seem to be a comment that the neighbors needed
protection from crime or from noise, I an not aware of any
crimes that take place out there or very few anyway, I an not
" aware that anybody has complained about noise, it is one of
the quietest areas i think with the exception of right now
,t with construction going on there is obviously noise as the
road is being repaired but it certainly is on a temporarily
basis. The ordinances bother me. As I live right now I don't
have to worry about being non-compliant. I don't have to
worry about somebody, whether it is my neighbor, whether its
somebody driving along the street of calling in and complain- `l
ing. If they do, I understand that with the ETJ you have some !
control over the area and over what's done out there and I III
would have to answer to that, I would have to make some sort
of compensation or some sort of adjustment to rectify the
g complaint possibly. As you can see from the map, we are not
a doughnut hole. We are not as the other people are. I have
open pasture land to the south and I have a !.ot of confidence
.F in the Ryan's in protecting that area and keeping it from 1
being developed or being used for something that wouldn't
` benefit the neighborhood out there. The bottom line is the }
residence have kept this area nice, we have done a lot of
work. It's developed to the point it's going to be developed,
at least the south end of it is, the north and there may be
some open land there for developer to come in and develop, but
where i an there is not going to be anymore development, I am
not going to gat city water run down to my place, I do have
city sewer there, which I pay for, which I am told that no
taxes go to support the utilities in the city of Denton. So
Ian not getting something for nothing there. I get garbage
pickup, I pay for that as well. Bottom line is we can keep
this area really an area that the residence are proud of and
rrYi,r', that Denton can be proud of without being incorporated into
the city that the mechanisms are there. The one thing that
rT sticks in sy mind as we started into this process, the very i
first meeting we had with some city officials, it got rather
heated at one point and a statement was made b one of the
"`s city employees that there are no win, win situations and this
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minutes
PAZ Commission ~.,7oI 51lari
October 12, 1994 f Jn t
Page 52 eNvi''
v
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I
is a win situation for the City of Denton and that leaves the
i residents on the loss end of that and I ask you please do not
continue with the annexation, please recommend a no annexation
to the Council. Thank you.
Ray Baker: I am Ray Baker. I live at 803 Ryan Road just due
west of the Lake. We have lived there for 17 Years my
- wife and I, when we moved from Houston to the Dallas narea I
f work in Dallas, spent a year and a half, we knew woll~in
advance that we were going to be moving to the Dallas area, we
spent a year and a half looking for a nice country rural
community and fell in lova with Denton, the hills and the
rolling terrain, the trees and the lifestyle imported out here
and ran into this little piece of oasis with a lake on it
along Ryan and Leisure Road. The reason we fell in love with
it is because of the country atmosphere that it does offer and
thankful to Wayne Ryan we still enjoy that atmosphere to the
due south of us. He runs his cattle out there and its a
gorgeous piece of property that is well maintained. There is
eleven residences in this 68 acres. Most of the property
owners have acreage in neighborhoods, probably average about I
three, four, five, six acres apiece. A few are on single acre ,
lots, but the majority are three to seven acre parcels. And
many of us at times have run horses, we have a lot of dogs and
cats, one of the owners is a veterinarian and has an awful lot ! i
of different kinds of animals there at his residence taking
them in his care. The city ordinances and what not would put
that in a high degree of risk. But my overall concern is for
the reasons that my wife and our family moved there in the
first pltcs, was the lifestyle affords us and being annexed
into the city would put restrictions on that lifestyle that we
just don't care to be involved with. Love the city and one of
the owners at one time during our several meetings in tho '
past, heck we will even gift the additional taxes bearer to +
not be annexed so we can maintain the lifestyle that we enjoy
out there. I wholeheartedly agree with that statement. But
on the whole, the drainage problems are an issue, we have been
dealing with them, with the development around them, around
this piece of property they have increased, we are hopeful
that the improvements that are being made by the county on the
Ryan Road will alleviate all of those problems. And you think
that they will. Certainly the retention tanks up in the park
{ further north should relieve all of the problems down through
the lake and on down through Ryan's pasture land, at least
that is the intent and we hope that will happen. At any rate,
we love the lifestyle we have out them. and we are in hopes
that you would make a recommendation to the City Council that
t
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PGZ CommissionV "«o AFT
October 12, 199 Page 53 ~3 0
lo! not a
the tmospheretth at webehaveannenexedjand
foresormany deal of that
any years. Thank you,
Mr. Cochrane Mr. Baker,
status of being in tell me exactly vhat as
the City are going to affect of the
style. We have swimAing pool, we have our life-
egulations about livestock. fencer,
got some
~
bimacnasomatormore information.
Mr. Bakers The livestock is aGiveg
not an issue for myself, , number right now it is
i~ there, and I donft think there is sav ppe a of horses out
that wouldnOt be in violation of havfnglive owner out theme
feet of somebody 618602 house. g livestock within 200
Mr. Cochrane so eve
for you perha s, rybody has livestock of some sort, except
livestock they would our sini g, ionthose lots if they
saying? is that what Y had i
you are
Mr. Bakers correct. major the owners since they aAnd It re a veterinarian. issue for ores of
number of bar-b-que/hayride we have arajoyed a
nov you would have to
o and gatherings and activitiespp, which.
from the city to have the eta ki got within tharneihbor
hood, hayrides and anything also of that nature. Tani ghbor- 1
Of some of the I
peat out there we do it with our own care I
shotguns, whatnot, snakes and the like, we couldnlt do longer we would have to call somebody aloe d to have that any i
f out and pick those up and take care of them and thto scnot
always convenient, k number of those kind of things,
Mr, Cochrane feel so such and whThe
hborhood is what you like
you love Oabout f the our lace.
th
from eseyOther issues feeling ut where of that you
aglotiof
feeling
;a Mr. Bakers That is true,
f
Kathy Opaske s
j Road and y name is Kathy Opaskey. I live at 1001 Ryan
P we lived ed there for almost 20 years now and as the
mo
other ved here hbors have said, it was total?.} different when we
We are probably the second old ist to live in this
area that we do now. We have just over four and part of that is under the tank that a have acres,
you see there.
the northeast side of the tank and we probabl 00th We live on
half an acre to an acre if its under water y have almost a
, we of the land behind the dam and of course In a h=ieethe rest
plain.
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Minutes
P4Z Commission
October 12, 1994
Page 54 t
rya
And the other acre that is next to that is also in a flood
plain. We operate our business out of our home now. We have
an air conditioning and heating business. We have five
employees now. Our property nests right up with the front
property line of Montecito Del Sur and an easement that is
right there. When we bought the property 20 years ago, we saw
it on a ride with the realtor, and we talked +.he owner into
buying it. We built a house. When we started to build the
house, even at that time, we were told by the city from the
ETJ that we were not allowed to put in a septic tank so even
after we started to build the house we could no longer do that
and we were told we had to run our sewer line all the way from j
the edge of Montecito there on Granada Trail, the full length
of our property line there which was a couple hundred feet.
j it cost us approximately $3,000 to do that 20 years ago. Also
we paid for the lift station that Is there, not the total lift
station but for at least half of it that had to be there at
that time and is still now there and is used basically for
most of Montecito Del Sur to pump up the hill behind mr.
Ryan s home. And at that time, we didn't have a choice of
whether wd wanted to be on TPiL or Denton Electric, they said I
that since the were making us ut in the never line the
entire length of our property line that we also were to hook
I up to their electric on those conditions. So that is why we
j do have the sewer line and the electric from the City of
Denton, but we have our own well. Our past neighbor who did
live next to us was Jimmy Madewell, he had his own well
drilling company, so he drilled our well. And since then
within the last ten years, we also had Fredfs parents move
down from West Virginia and we had them hook on to the well
and they also hooked on to the City of Denton0s electric and
sewer and since then his mother passed away a couple years a
go and his dad lives there. He is handicapped and we really
have to take care of him now since his not passed away. We
wanted to talk about the concerns we had as far as o erati
the business out of our house. As far as inform ng
g n from Mr. Persaud, it-'s been totals aliiza we have
tion
st and
t of course the annexation has been brought e ur
! everything also will come after that. Jusyesterday ve were
told that we can be zoned Agricultural, but I don't know If
that is even true. I hoard the appraisal decide that and whether they would decide that if wet had our
business in our house, i don't know how that would be taken
care of. we were told at one time we would be grandfathered
f in as far as the business is concerned, but yet if we wanted zoning commercial,t we might heoablerto dof our o thaproperty Idon't and know make
what
Minutes F T
Pi8 Commission ~DE1~ic Na October 12, 1994
Page 55 ua;Eu
the results or the problems would be if we did that. I don't
even know if we could do it as far as our zoning restrictions
are there. It has been zoned residential and then we were
told that even if we did that, that anyone within 200 feet of
our front property line, which would be Montecito, these
pdople would be notified and told that if they had any
complaints with that they would be able object to it. And
then we didn't know what we would have to do with our
busi- ness. As far as Ryan Road goes we were told about all these
T. great improvements that are going to be made there and
everything. But now the city says they are not going to own
I Ryan Road, they are not going to maintain it, and we are
getting the drainage off of rorrestridge coming down the hill
and that goes into the bottom of my creek, which drains my
tank or the three four owners that own the private tank and
also we are getting all the drainage from Montecito Del Sur,
ay 9: art of Southridge and where the new part of Southlakes Park
~r is going to be and with no information as to what is going to
ba done there. We have no idea as to what is going to happen
or whether we will even be held liable for anything that
happens there as far as the water concern and that has
increased just within the last few years because of the
construction. As far as the wild animals are concerned and
all that Animal Control said they would be happy to just give
s'f them a call and they would come out there and catch any of our
wild animals. We have a cougar, we have bobcats, we have
water moccasins, we are told to put a bucket over the snakes
r and call them. As far as the other wild animals I have no
idea what they will do about them. We don't have a swimming
Jr i
pool, as far as livestock we are the ones with the ducks and
they are going to be within 200 feet of the front property
line. We are told that this is not against the law now, but
;i. if we are annexed we are really against the law, but unless
anybody objects its okay. And we don't want to be against the
E
law and we really don't want this to happen. We tool like the
City has nothing to of for us that we really want. We just
,c. want to be left alone to enjoy the property that we have as
long as we can and we are not a doughnut as you can see. We
are totally open on the bottom end and the land across from
Ryan Road on the other sida is owned by Mr. Ryan and he has no
intentions of selling it. And as far as our parcels are
f concerned like the other owner said, we all own from three to
fAve acres and there is no intention of expanding these or
adding on to them or building on to them or subdividing or
selling them or anything else we just want to enjoy them as
tracts that we have slow. We bought our property just to
retire there, we jtst want to enjoy it. So if there is any
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PiZ Commission T
OOtobar 12, 1994
Page 564oa~;~~
consideration
really would appreciate can give to us even in a delay of time we
it. ]
Mr. Cochran: Staff question here. &
questions about her toning status out there asked a lot of
'
x of which i could answer, but I can't remember what they were two
right now, but the
business of their buainession is about this
Mr. Persaud? That would ha 9randtatherinq
r ppen, would it not,
Mr. Persaud= Yee, Mr. Cochran
nance provides for r the annexation zoning ordi-
i property annexed into the city to be
atherad that the ~
area al that'+is howgt hey v ll ba trbroght In eated in the way they
.r v' t Businesses in a residential area when brought
the future.
would become a legal noncon[orai
into the city
r* there as long as can eta n9 us*- Meaning it could stay
expand and if and even it oe destro eb would not be allowed to
natural disaster, more than so% o! value tiit willh not hba
allowed to be robuilt without a variance.
discussed this with the residence, they have there is no, I
a choice then.
One choice is to be annexed and stay an t as a
I operating out of the home or whatever and theeother choiceeis
to work With, the city staff towards
classification which will apply to to businesszsogthatzif it
does get damaged by lire or any natural disaster they will
have the right to rebuild because that zone
Will be there for them, Now I have no zoning classification
L process, I haven't worked in detail with it but tnat,: n this
4 J feel we could approach it that wa how we
Y. Give them the choice.
Mr. Cochranr Why are we not annexing Ryan Road with this?
Mr. Pereaudi To answer
Cochran,
f, Forrestridgs to the vast We anne e
line of that propert when we annexed
d up to the north property
Road is under an agreemente e xc ude Ryan Road. Now that th Ryan
the County the Count
is a
now and
th and
paving Ryan so, any maintenance inethatahort
r
term is going to be very minimal on Ryan it that is a problem,
the city staff is .filling to adjust the annexation ordinance
to include Ryan Road, if that is a problem.
it will be minimal because it is now being in the short term
j way, paved. So, either
Me.
ann xationat On help her question was she didn't see how the
would help her? Could
think it will
You answer for us how you
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Minutes I3N,0. ►'~3 5
i PU Commission
P ge 57 12' 1994 Mr. Persaud: From the city staff perspective we feel that
neighborhood has survived a long time and is very rural and
its there now.
We feel like as a neighborhood itfs under
pressures from surrounding development and it: problems from
now on and in the future will be determin,d by what happena
around it. Certain urban problems cannot be solved in
piecemeal, like drainage problems has to be looked at an area.
Inclusion of this area in the city omits will help the city
beam in to the problems of that neig'borhood. In terms of how
the annexation will benefit indivl.duals property owners, i
think it will benefit the neighborhood ir. general from now on
and in the future because of the deselol:nent taking place
around them. i
Me. Schertz: Have your worked with the homeowners at all in i
resolving any drainage issues currently? '
s Xz ! Mr, Pereaudi All our engineering staff has been called out
there and I know David has gone out there on three or four
occasions on calls of drainage issues. So far since the "
annexation has been an issue we have " planning staff, engineer-
ing staff, utility staff have had two meeting and we went out
there on site visits. We are still working with the neighbor-
hoods,
r;.-..~. Ms. Schertz: What has been their response.
vi,
Mr. Persaud: The response has been the residence feel in i
" general that they don't need to be annexed because they donst
need the city services and they don't want to be part of the
I city.
Me. Schertz: Are they working with you in helping solve the
existing drainage problems?
Mr. Persaud: Yes, to some extent but the solution to their
n drainage problems will have to be through our CIP process,
4 which means they will have to be in the city limits to be
entitled to any kind of physical advantages. Right now ci
staff can go down there and look at the drainage problems in J
relation to the external, the areas outside, because it is so
much interrelated with that neighborhood. I think that David
wants to expand on this a little bit.
Dave Salmons For the record I am Dave Salmon with Engineering
and Transportation. The residence out here have experienced
some bad drainage problems especially after, not the current
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Minutes
PiZ Commission
October 12, 1994
Page 58
6-7
phase of For.estridge but the previous phase of Forrestridge
constructed. Those are the issues a lot of you already know
about. Also with all the development that has happened in
I Southridge and Indian Ridge and all those areas up in there,
there is a lot more water coming down Fletcher Branch than
there was ten, fifteen, twenty years ago. So you have two
different types of problems. Some of the people have been
i damaged by some of the drainage problems, especially some of j
the Forrestridge type of problems that have cropped up. I
+ have witnessed it. Some of them are getting tired of hewing
to put up with it, and I don't blame them.
Me. Schertt: Are you talking about people that are living in
the Estates of Forrestridge?
Dave Salmon: Right, people that are living next to Forrest-
c{ } ridge. I have a lot of problems with drainage...
Ks. Schertz: That are in the area we are wanting to annex?
,x, Dave 8almont Right. There upset about them rightly so. The
have had some property damage as a result of that. I think
they are going to be resolved once we get Ryan Road completed
and once we get grass established and we get some homes being
built in Forrestridge that get established lawns and we don't
have all the sand and I think most of these issues are going
to resolve themselves because of what is going on out there
right now. We've been out there working with them and a lot
l of their problems, I think, are going to go away and i don't
know if they are real comfortable with that idea and what I've
told them at this point is that we need to let the road gat
finished, we need to let some grass gat established in
Forrestridge when people start putting in their lawns and if
there is still a problem we still have some time to fix it.
But if there is still a problem, if they are in the city we
can address those problems through our Capital Improvements
Program. If they are not in the city and they are having
these problems we are pretty limited on what we can personally
do with that.
Ms. Schertzi One of the questions I have, the problems we are
talking about, are they affecting anybody outside this annexed
area? What I amtrying to ge y
t at is if we annex this area
will we be helping people with their drainage situations
within this area that we are talking about tonight and outside
of this area? Are we primarily just talking about what is
within this area?
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Pis Commission
October 12, 1994
Page 59 A YEW
David Salmon: 1 think thts is having the Problems. PThere articular area is
opposite aide of Forrestridge Overwor the area that
ridge that were also h some side on the
Forrob -
lams. And from what Iunderatana very vest aide O of f
have had that have been ve severe drainage p
ry is working and the heavy, A system that
on the west aide Of Forrestrid have not had an has bean j
relerring to. g If that is whome hat llui~
You are 1
Me. 8chertt: Yes. i donut vent
to heipin the oity. In just tryingt this annexation to affect
get who we are trying
i David Salmon: Forrestridga is
it falls both directions, right on the to
P of a hill and
# Bob Heilig: I am Bob Heili
and tonight i am speaks
g and I reside at 809 at R
neighbors wtio are in the amfor a
Wife and r Y wile and also our
e situation as us, yen Road
moved to the particular area Basically, my
f and~evwith er as soon as we saw it and ba because we fell in
have Ything and we do have a wcau°° Of its rural nature
a well agreement. All eleven rasidenCe in ° this
tract have expressed an interest that system. We
annexed and 68 acre
jiff care of our oym r° happy with the that they do not want to be
heard was here problems, However # we are and we can take
annexation. previously when they i AN the one that you
$h~rsr; KY only concern there was I were eawtonk a n9' about the
a 24 inch storm drain was
and i thought i going to be dum drawing that
the City for the needed to
express concerned in my back Yard
reasons. One is the on for us to be annexed when wa came to
to straighten out thefbat that we t we received two
" finger and
see six or seven fi undaria of Denton, they vent
here earlier there eye at feast thirteen or fouI think r tee I could
Why is our finger so im the Other map that was up
~x given is the fact that eortantl The second n fingers
were'
With virtually can produce revenues efornthe city
just reason ono a"nditurea. To
f me
Aga that i am nnaxatton. y own in that is not a
on a well K personal ma
immediately next to me lerin the ame viii eaighborr concern is
been approached in n the house
t. We have
is available the a past by thin not hborrthat w
hen water
E the city told us Weacould tnot. o connect up to us- We tried and
can connect to water and sewer, As soon as we
or or
nt annexed we
right to continue use KY well agreemeare
well shall states the
continue until
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Pit Commission
October 12, 1994
Page 60
30 q6l
purchasers have other water readily available in the immediate
vicinity of the tract described in Exhibit B. It does not say
in the vicinity of my house, it says in the vicinity of that
tract, and it is within 705 feet of the tract we are talking
about here. What that means to me, when I asked this of Mr.
Persaud and staff they researched and they came back and said
that is not a problem. That doesn't mean that water is
available and I won't have to give up my well agreement. But
I as the one that has to bear that expense. To give you an
idea of what that expense is it totals $32,625 for myself as
well as my neighbor an equal share. So we are talking close
to $BO,oo0. For me personally it would cost $700 a month for
five years to borrow this money to do it and I don't personal-
ly have that readily available to do that at this point. We
bought in that area because it had well and septic, we have
always lived on well and septic and we are perfectly happy
with it, but I am a law enforcement officer my job for the
past 23 years has been to interpret law and regulations and to
me that specifically states I have a problem. I approach the
city and I say well if you are willing to say its not a
j problem but if I do get kicked off well will you then run
water and sewer to me. And no they will not. They won't even
hook on it to the division which at one point they proposed
running it 705 feet at least to get it to the traot, but now
they don't want to do that either. Another thing that
concerns me is the fact that we approached the problem of
providing full municipal services upon annexation which is
required by the local municipal government law in the State of
Texas. It defines full municipal services in one of those is
water and wastewater utility. It says specifically if the
muitoipality owns the water and wastewater utility the munioi-
pality shall subject to this section, extend water and waste-
water services to any annexed area not within the service area
` of another water or wastewater utility. Their reason for
getting around this is the fact that they don't opt to provide
equal services to everyone in the city, and we say, well what
are you comparing us to, and we get the response that on the
other side of town there are some people on well and septio
that don't have water and sewer, everyone around us does, on
three sides, so why does that make us different. The reason
the cost is so expensive is because they are not taking over
any of the roads, we have Leisure Lane which is a private road
at this point but which serves five houses at this point and
they are not taking over this road, therefore my question is
why can't I just put in a four inch sewer line like everyone
else does. No you have to put in the full water main and the
full water sewer to your property and then you can come on
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" Pit Commission
October 12, 19 '
r 94
Page 61 ~ J
with normal service lines. If they are not taking over the
road I am a little contused as how they can control that and
treat it as a city road if they donut want to take over
maintenance of it and so forth.
several more items. MY time is up, but I have
Mr. Cochrani I an interested in what this entemen has
may myself, i would certainly want to defer to the Chairman to
maybe extend him another minute or so to finish up. It to
I just getting interesting at this point.
No. Russell:
} I thought you were going ahead, Go ahead,
Mr. Heiligs Thank ols, in the letter that i just ave the
Chairman, in the municipal law therms certain things that are
required of the plan and none of these things that are
required are happening in the service Plan we are gettis
are getting a service plan that is none existing basically.
Mr. Cochrant W you have a copy of that law?
Mr. Heiligt Yea I do. We Mr. eu we have in the oust are all perfectly haservic. have ppy with the
money in a workshop for future Ibusinessv ad ®dsupplemental
income and again they are telling me well we can rezone and
' maybe, its not existing businesses at this
telling as they can rezone and include soma xe but sin
' there, but that exclusion isn$t going to be there when the
annexation is done and that to as is scary
outside the area doesn't want it to halso. If someone
'problems with that, The exception that, item x on thwe have
"A ' page of that law is where they hang
e last
providing full services, it says his titheir oes not with that a uniform level of full munioipal services be ovide to
each area of the municipality if different characters tics of
topography, land use and
suf! oient basis for population density are considered e
% And again that's when we getit~hed~ ~parison a oh s of service.
some eople on the other aide of town. Yeh there are
fir; { aliminat ng is And if the reason for
r=Rs~r~ the last map tho one of the reasons Is cause w
a in,
at was up there the annexation youadidaprioreto
the one you that didn't recommend this evening created a
finger so why weren't they concerned about fingers at that
point. The real
problem with this whole situation and the
city's approach to it is line if you are telkin aut
undeveloped property and developers want to come in and incur
3 these expenses. We've incurred the capital expenses of septic
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Pit commission
October 12, 1994
Page 62 ~~M f
systems and putting in yells and things and agreements and now
we
are being asked, Maybe sampe e urchased ' Ybe forced to do it again.
I xpenseamyagaini
res,denceF I also would chocked Into to mention Incurthat this arehen
a being annexed and F was told at ththe at possibility of
nothing in the 10 year plan for point there was
developments in the immediate area at are
a. There was some
wanted to be
and that was the only area the olty was concerned with aannexed
point Was annoxing possible new subdivisions, hat
a little over a year ago before F built m F also checked
! that to make sure that I was told the same workshop before
would just like to close as everyone else has said to night,
none of us want to be in the city and we are again,
with the wa perfectly happy
we are, what pia have now
yy r the patrols
ws have
now, which ie the only thirq the city is going to offer us
this service plan is additional restrictions, but our restria„
tions work great. When someone wants to do something
the restrictions, we get together discuss it. outside
that myself to build my Uorksho I had to do
1 line, we signed an agreement'. A They all agreed it was iit s aken care ,
handle those matters ourselv.%sa we donOttneed the city We can
r us. y to help
Ms. 8cherts: s
" understand the Bob I have a question. Talk to as no, do I
garbage. county, You Pay the county to
'
pick uA Your
Mr. Heiligs Right, the 1
residence pay. we they
pay a fee in access of what city
i AaY the city.
Ms. Schertas You pay the cif
annex it does he continue to Y• So cit)• staff, than it we
given to him. A8Y the city or does that get
Mr. Persauds If it gets annexed we will
at pity rates. provide city services
Mo. Schertas Bob is that different from what you are paying
right not?
Mr. Heiligs A little bit.
Ma. Scherts:s
to Denton Schools? about th9 schools, do you pay a tee to go
Mr. Heiligs we are In Denton school district.
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Piz Commission DR (f► t ~m
October 12, 1991 BfidA
Page 63
~3oa 6I '
Ms. Schertz: You are in Denton school district.
I ;
E Ms. Russells When did you purchase your property there?
} Mr. Hailig: Three years ago.
Ms. Russells Three years ago. And how such land do you have?
Mr. Heilig: I only have eight tenths of an acre. 200 trees
which also creates a problem.
Me. Russell: I understand. And you share a well with three
houses. And year neighbors all have, other than those three
houses, they all have city water.
Mr. Heilig: No, they have wells.
Me, Russell: I F { thought that
you said they had run water f
t.. lines... i
Kr. Heilig: we are only the two with wells and septic, the
only two with septio.
{ Ms. Russell: The others are on city utilities as far as
wastewater. Do you know what the expense would be as to
1 " running a water ,no or having a well, if you had to....
Mr. Heiligs There is some question as to whether we can even
put in another well because of the sitse of the lots. That is
the catch 22 with the water. When we bring the water in, i
right now we have no way to even get water there. We have to
provide it personally. When I bring water in, the only way is
up the front because utility easements in the back cannot be
to tcoman up the front which titans i have anotherc300ofet eto have
go
around the house, but in that process it goes through my
septio. Total cost is almost $80,000 between the two houses
i and that is a conser-eative cost.
Ms. Russell: What house are
I own? you addressing other than your
Mr. Hailigs one immediately next to me.
' I
Ms. Russell: Would you show as where you live on....
i Mr. Heilig: (shows on map)
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Minutes
PiZ Commission - ~r
October 12, 1994
Page 64
Ms. Russell: Your neighbor has indicated to you that they do
not wish, since this is a developing area and you've got
growth on either lido of you.....
Mr. Heilig: But the parcel we are talking about is basically
developed as it stands. It's not in development, there is
very little that could be developed. I don't think it can be j
developed the way it is now. If we are annexed, then maybe
possibly.
I Me. Russell: Thank you.
Dr. Crownover: I am Dr. Ron Crownover. I live at 3710
Granada Trail and I an on the east side of this 68 acres that
is under consideration for annexation. I am on the far east
side, the one that is most continuous with the Monteoito del i
our subdivision. I have 7.7 acres, have been there since 1980
and at the time we moved into our neighborhood there were
paved streets but there were no homes anywhere around us. our
problem is the city has grown in and surrounded a country
atmosphere. Everyone that comes to a city council or a PiZ
mesti very rarely comes in here and say you are doing a
great job, we love it, please take us in, that does happen I
an sure. The reason we are here is because of how it affects
our personal individual problems. Eleven families that are
{ involved in this 68 acre take in, there are only two that are 7
f on the El Paseo end of the proposed annexation. They are
surrounded by Forrestridge and I guess Monteoito comes right
' j up to that. Then behind both of those houses that faces E1 ? r`
I Paseo there is approximately 40 acres of undeveloped property.
This is prime property and with the success that Forrestridge
One, Two, and Three have had will be a "plum for the picking"
It they can city services to that project. That is an option
that we are trying to tell PiZ, the eight families that are on
f the other and of the project, we have no ties, we are separat-
ed by this 40 acre strip, so what happens on that and is not
going to affect us unless we are taken in with the annex. I
am the large animal veterinarian, Equine practitioner. The
way it affects me is, when i first moved into my home I had
1 septic tank and a water well. After problems that we were
having with our septic system I paid the expense to tap on to
the city sewer and within the past year or so, because I am
having water well problems, I paid the expense to tap on to
city water. I do pay city garbage pickup fees and my child
rides a school bus, so as far as services I am already being
serviced by the city. I have no advantages that are going to
be in the plus column for my particular case. When Harry was
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Minutes
PAZ Commission •
October 12, 1994
cj p~f6 /
Page 65
saying the advantages for our neighborhood, what can the city
do for us? The city council made it very clear to us last
time that just because your in the city we do not have to
offer these services if we donOt want to and they put a star
by that. Which affects the people on the west side of our
little lr`e a lot more so than it does me. Bob with his
septic tatx in his front yard. The only place that water line
can come in is through the middle of Leisure Lane. He canOt
have a waterline within fifty feet of his septic system, so he
is in a trap. He has to get off his shared well if city
services are offered, so he is suffering the worse of our
whole group. My particular problem is that I breed horses.
I bought my plane because it was close to the other town, my
practice is in Lake Dallas, but I travel all over Denton
County. Denton County is a huge equine county. If the
proposed race track goes in at Grand Prairie, the thoroughbred
breeders are moving to Denton County right now, they are
already moving here from all over the country. 'texas is going
to be a huge equine industry and Denton county is going to
benefit from that. In a breeding facility like mine a
stallion or two would be in my barn for breeding purposes. If
i an restricted► although the city says with the grandfather
clause I will be allowed to do this, all I have to have is one
complaint from a neighbor because I have a mare or stallion
that cannot be within 200 feet of a dwelling. Well my
pastures go right up to all the back of Monteoito del sur
which I have eight houses which back up to my barbed wire
fence, which is also a problem. All I have to have is one
complaint and than all of a sudden the city ordinances says I
all violating and I have to do something about it. I an very
concerned about that. I have never had any complaints from my
neighbors. I have had cattle in and out of my pens, 1 have
had a longboni steer of my own that lives there on the
property and I had to get rid of his because too many of my
neighbors are coming over and playing with my cows. It is a
problem when you get too many folks close to a rural type
setting which I bought my place. These animals are not pets.
I an a past Denton County Horseshow Chairman and I had horse
prcject shows at my place. My children had their ag projects,
be.nq pigs and sheep at my place, none of those kind of
livestocks are acceptable in the city. You can have a horse,
but farm type livestock you cannot. So that is how it affects
me. All we are asking is to look at the many different
problems that our little individual groups, everybody has a
different problem and it is very important to them and you as
PAZ members listen to all these problems and see how it weighs
into the city and see if it benefits taking in our group or if
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Minutes
Piz Commission 25 b s
October 12, 1994 25b
Page 66
there to a faction that wants an area taken in is that a
possibility? We have a different kind way of life seven
acres, cows and pigs and horses are pretty unusual for the
edge of town. It use to be the edge of town, but its not any
more. Could I answer any questions anybody has?
Mr. Norton: You indicated a distinct split between the eleven
houses and another piece of lad, you confused me?
Mr. Crownov~r: One right here and one right there. Everyone
else is down on this end.
Mr. Morton: And it0s vacant land in between?
Mr. Crownover: About thirty eight acres. Along that creek,
the creek drainage that comes from the Montecito lake drains
down that little creek and then makes our lake, which is about
five acres, there is only two of us that are on the lake. The
Opaskeys' and myself are the only two that actually have our
backyards into the water. Everybody else has an acre or so up
to their yards. So, as far as flooding in that lake, we are
the only ones that are affected there. The one home that is
' in the drainage, hr. Ryan, when the creek goes out does that
get up to your 'r.-
.4"? Of course just one house is actually in
the drainage overflow which has been caused because there is
just a lot more cement up above us than what used there used
i to be and the drainage problem is not going to be solved and
diverting water is a wretched thing to do you cans
hard and you can't divert on your neighbors. y Well, Forrest-
ridge I and II and now III and then the Indian Ridge and the
development of Southmont and all that in there is the reason
w0fre having these problems. Those drainage problems that
come to the folks on the west side, it is run off that is
inevitable by taking in from the city, there is not going to
be any problem solving there. That is a problem that has got
to be solved, partially by the county, partially by the city,
and just from the fact of all the new development that is in
are above oar out. will Is the individual either
that whether we are
trying to bring out of if we get taken in on how it is going
to effect each one of us in a different way.
Mr. Cochran: How close are
f you or how close is the closest
person to any other house in the city limits of Benton?
t
Mr. Crownovers I am about ten feet.
Minutes 1
Pit Commission ,
October 12, 1994
Page 67
37441
Mr. Cochran: From another house?
Mr. Crownover: From the corner of my property.
Mr. Cochran: How is your house back from that?
Mr. Crownover: My house is about 100 yards.
Mr. Cochran: Basically, they just have a ten foot setback
then on the other side, right?
Mr. Crownover: Yes.
Man from audience: I am Wayne Ryan, 1101 Ryan Road out in
Buttermilk Flat. I guess I am the bear of the bunch. I've
lived there all my life and if you want to know anything about
that area, I can tell you. The road you see going in, we had
a county bond election, one billion sixty thousand dollars and
that's what is being done. The road is the county's, its not
the city's, the city engineered it, the city inspecting it and
k that is it. It is a county road, its not a city road,
because I gave the land. Believe me, it's county. Okay now,
i while I've got you people, Ranch, Forrestridge, I have land on
! the west side. Somebody decided that a 48 inch storm sewer
would go through a 15 inch pipe. So guess what happened to'my
fields, they got three foot deep under water with Forrestridge
crater. It washed all my top soil off and washed all my silo
away. I called the city and they said it was going to be
fixed one of these days and it sure was when the county puts
in a drain. Okay, we got the drain in now, and I think it's
fixed but I've lost twelve inches of my top soil off ayy silo.
! That's on the west side. We had a holding pond, and ttse city
said we would not (word unrecognizable) until the thing is in.
Mr. Ryans We have to be careful when talking about drainage.
There has been a big problem. It was brought on when Forrest-
ridge was not directly supervised by the City of Denton. They
should not have let them do that until the dre'n go in. Now
we got big ditches. Down on Ryan Road, in front of my house,
I've got a ditch, three foot deep, four foot wide. Do you
think that's going to take care of that water? No, it won't.
A little further down there is a beautiful lake, seventeen
foot deep. They developed Montecito Del Sur and up the 1lne,
they cleaned the bar ditch out and went in with dozers and
tore it up. What I am saying to you, when these developers
bring their trash in, why couldn't they go down stream and
clean out the drains so that the water can go on out? This
f, C3 -2
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MU
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Minutes
Pit Commission D R
October 12, 1994
Page 68 c 9
38~b!
has been going on for a number of years. Now on the annex-
ation thing, this is about the third or fourth time that I've
been involved in this and as far as cattle, I've got 175 head
of cattle. 123 head run right on the southsids of Ryan Road,
,tlong my neighbors houses, they're closer than 200 feet. I
have people come out there with cameras and stop on the hill
and take pictures of those cattle. My neighbors enjoy
watching my cove graze right up against the fence and they are
only 70 feet back, but, what is going to happen a year from
now when that neighbor gets disgusted and calls the City of
Denton wanting to to get the cows out. If I own that land and
pay taxes, I think I can run cattle on the thing. You people
on Pit and the members on City council, you move on to bigger
and better things, we get new ones in hers, and they'll say
that "those people shouldn't have promised you those grandfa-
ther clauses, no we're not going to do that, we've had a
change" and I understand the ordinance, I understand sewer, I
understand drainage, but I don't understand their engineering.
I asked that the bridge on Ryan Road be moved over ten feet to
make it straight, no we couldn't, it had to be put right back
where it was. On that annexation thing, again, I don't want
in the city. I like the city, I work with then, I have
property in the city, I pay some city taxes, but I can't
operate my ranch out there like I want to and be in the city.
It just won't work. 8o, maybe I should get out of the
ranching business. Maybe that's the secret to it is to just
get out and quit and turn it over to the city and let the city j
I run it or someone like that. But anyway, I appreciate your
time and I'm against being annexed, I don't want annexed, I
don't need anything from the city. There aren't any city
seryices that I need. I'm self supporting and I want to stay
that way. I've got great neighbors. All I have there is five
acres and that is part of my ranch headquarters. Thank you
and let me stay out there and live the rest of my life in
peace. Now, do you have any questions.
Mr. Cochran: I'm still unclear as to where your house is.
Mr. Pylpt My house is a little two bedroom house on that "I.".
Them b wstar on the lover and of that five acres where one
pf the banks comes through. It got ten foot deep when we had
that big rain simply because it couldn't get through a 48 inch
culvert road. That has been taken care of and that little
strip joins Montecito Del Sur and if any of you people need
tires, come on out. I got tires, I got cross ties, I got
brush that the city people put in the branch up there and wait
for the rain and I change tires every time we get a rain.
a
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P&Z ! Commission
October 12, 1994
Page 69 LQ-zS~9y
Colo-
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Mina goes rolling down to Hickory Creek and I
from Montecito Del Sur. I'd be glad to share them with any of
you people and I appreciate your time, thank you.
j Ma. Russell: Is there any one else that would like to speak?
Anyone else? Mr. Persaud, any other comments?
Mr. Persaud: Madam Chairman and members of the commission,
the city is the petitioner for this annexation. The staff
would have to recommend annexation.
Me. Russells Anyone have an
y questions of Mr. Persaud?
.
Mr. Norton: I'd like to ask something of Mr. Cosgrove and I
a donOt know about the utilities. Are water lines as expensive
` as i've just heard?
>t+ Mr. Cosgrova: j
about $25 to $30 a Afoot and when a you talk about need distance of
about 1,200 feet away, it may be less, but just the ballpark
r,;a of -the top of the head, that s the figure we came up with. We 1
' estimated about $30,000 to $35,000 for water and sever would
¢ > be about $150000.
4x rr' s
Mr. Nortons So your basically saying that $80,000 is correct? 4
Mr. Cosgioves it wasn't $80,000, it was about $500000 for
both water and sewer. j .
" Mr. Nortom For water and sever I thought it was $000000 or
r t an I out, in left field? Is that right?
A gentleman from the audience spoke but it was not understand-
able since he was not close enough to the microphone.
I
Mr. Cosgrove: It would be a one time cost for both, whether
it is one or separate. It wouldn't be $36,000 each.
i Mr. Cochran: I've got some problems here that yy
! could help as with that are zoning related. The question is,~
' I gqenerally feel that this area pretty much functions as a ;
neighborhood within the City of Denton and it doesn't want to
be a neighborhood within the City of Denton but it reluctant-
1y, or whatever, Denton has kind of crept up around then a
Tittle bit and they get a lot of city services and they o
a lot of the aspects of the city as far as shopping ho enrsy
using Denton as the center and all that stuff. In that since,
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Minutes
PiZ Commission
October 12, 1994 RL.~', 'Pag
e 70 I an in favor of this as an annexation prospect. But some-
thing that causes me some problem, is that one of them is this
business of burden to Mr. Heilig and I read this and I of
course an not an attorney and I'm not a planning professional
but it looks like to ms that if we are going to call this a
neighborhood in the City of Denton, which is why I would be in
favor of annexing it, then that's one thing, then we ought to
provide then services. If we are going to say that it is not
a neighborhood in the city of Denton, that it's kind of off in
an exception, then in that sense I'■ not in favor of annexing
it and we don't need to provide them services. So I'm kind of
caught in a little bit of a trap here too. It's either a
neighborhood and it ought to be in the city and we're going to
do what I read hear, and of course I haven't gone over it with
a fine tooth comb, but it looks like to be that we're going to
be taking taxes from these people and we're going to be asking
them to give up some things we hope causes the community good
and i don't have much of a problem with asking that but I
think that we ought to be able to prepare to give at the same
time. That's a problem that I have with this thing and maybe
some of you all that are closer to the policies and to laws
can explain it to me. While we're at it, let me get my other
question out of the way too, it's a question of the grand-
fathering of the businesses in here and the breeding business
in particular. !fiat we were willing to do with the other
annexation was to make some ordinances that would make some
exceptions, some specific exceptions about breeding programs,
*to. and we got an individual hero who has got a viable,
functioning business that he has nurtured along for a number
of years and through no fault of his own, the City of Denton
has crept in around him and we are now asking him to become
part of the City of Denton and to pay taxes and to do some
other things, but I don't think at the same time we ought to
be doing anything to threaten his livelihood. So we discussed
specific ordinances on the other annexation, as I understand,
those ordinances were to include other agriculture areas as
well. How can we write into this some safeguards fo
for particular questions? those
Mr. Persauds Mr. Cochran, with regard to the first question,
in terms of provision of services to the area, the service
plan that we have prepared in the backup in regard to police,
fire, and all the other services listed in there, have been
reviewed by Denton's City's Attorney and we feel it complies
w
from a ith the Local Government Code. 1411 read for you a paragraph
misleading to suggest that the legislation requires the city
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Minutes 1 {~1z
PiZ commission
October 12, 1994
Page 71 Cain
to extend utilities to newly annexed areas within 4 1/2 years
of annexation."
Mr. Cochrani Do you mind my asking which attorney wrote this
opinion?
Mr. Persauds It was Joe Morris. But the point is, the city
staff has reviewed the service plan, based on the Local
Covernment Code and we feel like the service plan, provided in
your backup, meets the provisions of the law, in answer to
your question regarding services. I'll continue to read from
the paragraph from the legal opinions "The City Council may
determine based on considerations of topography, land use, and
population density of the annexed area and the utility
services in comparable areas of the city, whether the service
plan should require extension of utilities services to the
annexed area." so we have reviewed this and the details that
I pointed out to you in the first annexation in regards to
` services that we are going to provide, those are still
standing and those are the services that we intend to provide.
Now your second question with regards to the livelihood of
residents, we are very sympathetic to them and we intend to
! work with them. The exclusions or the amendments that I
referred to regarding breeding animals, swimming pools, and
barbed wire, those amendments we are going to work on any way
f and any other thing that we can do with regards to the city i
ordinances to help the residences, we intend to do that. As
L, I mentioned, existing businesses brought into the city.
Nothing will change. Those businesses will continuo to
operate the same way they've been operating before annexation
and after annexation. Grandfathered into the city. No
changes. The only change that will take place is when those
businesses, if those businesses are to be destroyed by fire or
any natural disaster by more than 50% of value. Then there
would be a change, however, we can now put some safeguards in
place which would even take care of those events. what we
would like to do that is to work with the residents to make
sure that the safeguards we put in place will meet the needs
} and the neighbors needs. We have not started that process
though I have indicated to the residents that our willingness
to customize the zoning so that it will take care of their
future situations. The proposed annexation, however, is
i proposing to annex and zone the area temporarily agriculture
i and then we can move on to their customized zone. But to
answer your question, the livelihood of the residents today
would remain the same if they were annexed tomorrow.
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Pit Commission
October 12, 1991 ".6
Page 72
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Ms. Russell: I have a question. Pigs. That is the one thing
that I would personally object to. Is this something that
would be allowed in agriculture unless a neighbor complains?
Mr. Pereaud: We will not customize the zoning to allow for
pigs. The way the ordinance reads right now, livestock should
be kept 200 feet away. Livestock includes pigs, goats, sheep,
horses. out to clear it up, we will not be grandfathering
those types of animals.
Mr. Fords I'm Chris Ford with Animal Control. To answer that
question, Section 6-13 of the Code of Ordinances does make
reference to the keeping of certain livestock. All livestock,
except for swine, must be kept 200 feet from any building, or
structure, including the owners. Swine has to be kept 1000
feet from any building or structure, including the owners. We
do currently enforce this ordinance on a complaint basis only. i
There are cows on McKinney Street next to Putt Putt, for I
obvious reasons, we cannot go around and hunt down animals and
get out our tape rsarurers and check. This particular area
would not be affected if annexed. Currently, if we received
{ a complaint from the Montecito area, we would go to the house
because it is within the 200 feet of a city resident.
E.
lts. Russell: Have you had any such complaints?
F Mr. hordt No.,
a
n ;Mr. Cochran: So he would still be subject to the ordinances
now even though he is not inside the city limits?
mr. Fordt Yes.
Kr. Drake: The question that Me. Russell raised here is how
we would interpret the city ordinances. City ordinances are
fw ' city ordinances, you can't enforce city crdinances differently
" for one area than you can another. If it's like a prohibition
ordinance like barbed wire. That's one of the reasons why
staff is asking us to look into making some of these changes
here. They would be ordinances that would apply throughout
the city and there is no such thing as a "gat out of jail free
card" that you can offer any particular person. I think that
ono of the things that Harry was pointing out here is that
j they are handling it on a complaint basis, just as they are
everywhere else in the city and in the absence of a complaint,
the current practice of the animal control is not to respond
unless there is a complaint generated.
C '
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Minutes ads
PAZ Commission `;t p~
October 12, 1994 - i
Page 73 w
Mr. Cochran: Wouldn't these, if they were zoning differences,
rules apply differently in different zoning districts so why
wouldn*t this fall under that category?
Mr. Drakes Well, first of all these are set up that way.
j
Mr. Cochran They aren't set up at all at this time and we
are proposing that they do set them up.
Mr. Drakes Well no, we have ordinances in place,
the barbed wire, the current ordinance prohibits te erection
of a barbed wire fence. It doesn't say anything about
maintaining it or keeping an existing barbed wire fence but
it$s not restricted to any specific zoning use or anything of
that nature. The swimming pool applies to all swimming pools
that you got to maintain your enclosures. Noise, there are
some areas where noise may be more offensive than others but
E' the noise ordinance applies throughout the city. Any number
of ordinances within the city applies city wide and are not
keyed to a particular use or zoning. One of the things that
f Barry is asking us to review is the possibility of making a
distinction, say for barbed wire in an agriculture area. It
would apply to any agriculture area in the city not just the
area that we're looking at tonight.
Ms. Melba Jean Ryan3 I'm Melba Jean Ryan, I live at 1102 Ryan
Road and after we have heard the discussion tonight, before
you make your final decision on this annexation, I ask you to
consider what you think is fair, That is all anyone can ask
is what, is fair. And what are our rights? We're a group of
j people that came out there, we worked hard to develop our land
and frankly, Va not satisfied is why I insist that you think
this through and be fair. i really don't understand the logic
of what has been said hear tonight. We'll do this and
won't do that. When this first came up about annexation, we
were told the point was to fill in a drnut hole.
we learn that the point is that because of the draiNov tonight
nage,, that
the city can't take care of us until we're in the city. The
drainage has come from the city, Forrostridge and Montecito.
I know theyOre saying that the area that has the most damage
and yet they area with the most damage is not included in the
plan and they are not in the city limits. ,
add. You stop and think of all the things that haves been esaid
and all I ask is that you do what you think is fair. Thank
1 you.
Me. Russell: Anyone else may speak if you have something new
~3
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Pit Commission
October 12, 1994 S
Page 74
IC) •9
or different to add.
t A gentleman in the audience spoke but could not be heard since
he was not close enough to the microphone, f
y
Mr. Ray Baker: My name is Ray Baker, 803 Ryan Road.
with annexation is the anticipation with a lot of the owwnners#
when they heard about this, they expected to receive addition-
al services as a result of annexation and
with the
it
taxes
and what xes that
not t
employees about a week ago to Well, awe snt ver a of two hours with city
j related to the services that we were going to be Coffered and we had
what not. They graciously provided their time and gave us a
lot of answers and stuff but the net result of it was, and we
went down every individual point on the service plan, and the
result was that we weren t etti
as a result of the annexation that a now or weC weren't alreadyCbeing
adequately serviced currently through services that we have
put in ourselves or that we are currently being provided for
by the city or county or what not. I don't think that point
{ had really been made this evens
r
provided by those that need then asnae rewater is t
sult of whatemay
happen and fairness does become an issue and it just doesn't
seem to be correct or right. Thank you.
a. Ms. Rummell: The public hearing is closed. Are there an
x other remarks? any
1 No. Scherts: I'd like to make a general comment. I just want
the message to reflect that we have been here since five
o'clock and Its almost tan o'clock and we have looked at oo
r*aiton.almost entirely different annexations for the City of
The first group that all of a'
filled s
the auditorium y ll rat through a
rium wa la It
basically an but we listened to them and we totaly m nC ratans thof
atatthhe
{ bbootcom line, there Ion't a need for the annexation yet. Then
a lot of pfour rbut, it"s basically a neighborhood, there's
established some of you've been there a long time, you've
and of
there to establish yfuture businesses business
es someyou've you bought
made our
livelihood here, so we can't come in here nd disrupt that.
f And the message that I'd really like to send to city staff and
pity council is let's look at these annexations because I'm
not seeing how they're working. Because if we wait to late, i
it's too involved and if we do it too earl 0
need and I just would like to take note of that th We've not
a
five hours here this evening and I'm sensitive to their needs
Z/Y
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Minutes
D TdPiz Commission MEE
L October 12, 1994 Page 75 3
and their wants and their trying to clean up some areas,
they0re really trying to do what is best for the city of
Denton and I know they have that at their best interest for
everyone but it's very complicated. I think weeve really
shown that tonight and I just want to go on record that i
appreciate everyones time. Each and everyone that has spoken
tonight has brought a different perspective and I hope
everybody takes note of it.
I
Mr. Cochran: That's a great point, by the way. It never
occurred to me. Ieve got a couple of comments and one is on
some of the responses to my questions. As far as that legal
opinion goes, again, one of the reasons that I favor annexing
this is because so many of the places out there get some city
services now and they are an intre al
legal opinion seems to be us weaseling out rt In of ma mo al respon-
sibility and using the law to do that and i don't think that
thats something that I'm particularly proud of as a community,
~a to see that happen and I realize that whenever I talk about
lfj' moral responsibility as a community
shoot me for bri in k People would like to
n9 9 u i P questions 1 ke that. But, neverthe-
less, that~s what I bring to this. The question of us trying
to be lair that Mrs, Ryan brought up and I appreciate that
y"? tha do aga ed I, in one rem one would have to ay that Iawould tfavor
annexation of the neighborhood with these protections that Ism
talking about as far as the businesses and the gentleman with
'I the water problem, is the fact that you all are in tact in the
' city as things go now. It may not feel that way to you all
and I don t expect you to reasonably embrace what I say or
{ agree with as but nevertheless thats the way I read it. I
imagine a lot of you come in and use the city services and
R many of you enjoy city utilities and various things. we all
would like to be subject to less laws and I wish that I could
j de-annex my house on oak Street and not have to obey as many
j I codes as I may have to now but nevertheless I enjoy privledges
i
that are here. I may not use them everyday but ism part of a
social organism, I'm part of the community and you all are
part of the community and whether you like it or not, your
part of our community and the community has crept up around
you and they your involuntary members of the community,
perhaps, but nevertheless, the community is there and your
part of it and thats the reason when we
is to
1 1k
~ rness this which is the reason rem for it. Bu t# a aide '
we got some big g ,
i' d^rn,t know how wre problems going t t qt eseouother
this sues here and I
and I know if tonight these issues can satisfytaLerankThe
ys~
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Minutes
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Piz Commission 7
October 12 199 S
Page 76
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1lbottii
question of this legal aspects of this water well agreement
that Mr. Heilig has got, that* a lot to put on somebody. It's
an awful lot to put on somebody and even if it's only $36,000
instead of $87,000 or whatever, thats a lot of money and thats
something that would make as real uncomfortable with voting,
even with all the other arguments I gave for being in favor of
the annexation, that would kill it for me I would have to say.
The question of the livelihood of business, that's another one
I have some problems with so I'm going to throw this out to
how we are going to solve this problem? Basically, I don't
know how to deal with this and I'm not prepared to make a
motion one way or the other unless somebody has got some
solutions for me, I'd be willing to table it or whatever we
need to do to solve the problems but I'm not comfortable.
Those are some big ones to me.
Mr. Norton: I'd have to join his. There just isn't enough
for tae to either make a motion or to vote for the annexation.
Either more homework has to be done, more has to be given to
at before I could either make a motion or vote for it either
way.
Kea Russells I have a comment I'd like to make and I've heard
all of you say, with this pleasant look in eyes, as you talked
about 3 Your neighborhood and V&
very
familiar with neighborhood and Vve driven out and drove out again since that
knew we were going to be hearing this tonight and I remember
a it was very rural. I've been in Denton a number of years
myself but it's grown vp around you and your gett!.ng pressures
from all around you now and some of your concerns are happen-
inq to you because of the pressures, because it has grown up
and I understand the city's need to be able to plan because
their trying to take care of the citizens here and I have a
serious question in my mind, Mr. Heilig, about your agreement
as to if you were to go and get legal advice on this, as to
what exactly they could do and my suggestion would be to check
out your agreement, legally, because I'm not sure. You
E probably could seek some help at that time but your not rural
anymore, your right in the middle. The city has grown up all
around you and would you project where you wanted to go next,
if you wanted to? cities grow and they move out into the
rural areas and that is what has happened to you. I as
concerned about the people that make their livelihood as to
what we could do, the assurances we would give to them and how
E' specific we could be and could wo be more specific and what
could we do? Thats what I have to say.
i
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minutes
P►2 Commission October 12, 1994 IRA,,
Pape )7
u~
jet
Ra. Schertz.- Is it possible to table this tonight and have
catY staff go back and meet with the concorned individuals.
Let them write down, has this been done in written form,
the major concerns of every individual here?
Someone from the audience responded but it could not be heard
on the tape,
v
Ms, Schertz., So we have gone through that exercise?
The same person in the audience spoke again and it still could
I NA be heard on the tape.
1 Me. Russells Excuse me, can I ask if the
bbbackup? Is this was Dr. Crownover is speakintg oflare in our
i Someone from the audience/staft responded but it could not be
heard on the tape since they were not at the miorophone,
, Mr, Persaudr
} circulate a copyafor you, its two andd half lines in the "~uld
paragraph of the concerns.
Mr. Cos rove:
g Concerning the availability of water service,
oh this tract, it is available today with them being out in
the county as it will be when they are annexed, If they
wanted water service today, we would provide. They would
still pay the same price to extend it being outside the pity
customer today as they would if they were an inside the city
k customer when they were annixed, There would be no differ-
once, We would provide then service one way or the other.
So, the annexation in not going to trigger, should not trig or
i that thought, The service is available today if i.tey want it.
r
fir. Norte-n: What about if the water well fails?
i
Mr. Cosgroves Thyn they would have to pay the cost of
extending the lines to provide service to their property.
Mr. Norton., If they were outside the city, they wouldn't have
to do that, They could fix the well.
Mr. Cosgroves If they want
e
3
to f
ix
an the
nexecl they could fix the well. When we w annexhthenhwe are
not forcing any of these people to go on water or sever
servico. That is their option, at their own expense, We
would treat them no different than we do any other customer
v
1
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` Minutes
PU Commission 3
October 12, 1994 '
Page 78 k7, iUay ,
and when the people in Forrestridge developed their araa, they
had to pay for water and sewer service. The people in
Montecito Del Sur development, they had to pay for water and
sewer service. But one advantage that they did have, like to
people pointed out when we met the other night, is that that i
was rolled into their mortgage and they got to pay for it over a
a thirty year period and the impact was not as great. But j
they are paying for it.
v
Mr. Norton: But they didn't pay the kind of figures that I've
heard tonight per each lot.
Mr. Cosgroves Well, the difference is that you have two lots
} that are farther a away from another line because of the
density. They have someone that is inbetween them who already
has a well who does not need that service. So, the density
helps to reduce the costs.
Mr. Cochrane Well, what we were talking about in the way of
f safeguards, I think, is the one perhaps some graph version of
some of these ordinances that we were talking about and
F perhaps a little more solid information about this well
agreement and what kind of jeopardy we're going to be putting
l one or two citizens into and that see:a, like something that
wo,.jid be able to be solved in a fairly simple matter of courts
its easy for me to cit here and may that but perhaps Prank you
have some comments.
Mr. Robbins: Let as try to move on that issue that there is
some, and you may want to put the time frame back up Harry,
when we initiated the annexation into this, there is a cart ain
period of time in which certain activities take place rnd I
doW t know if we could defer some of these issue to the next
meeting but, in other words, you want to sea a draft ordi-
nance?
Mr. Cochran: I would like to have more information about how
they might whether or not I see the actual words, but I'd
like to see it a little more further down the line than it is.
that would make me comfortable. as far as that aspect goes and
i~ also, I mean, i don't have to see the final version of the
k ordinance. It doesn't have to come before us. It would
answer some of our questions as to how .
Mr. Robbins: As Harry has indicated, we have requested tha
city attorney to draw up that ordinance.
yo
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Minutes
PH Commission DR-A-l"
October 12, 199{ Page 79 ,
I Mr. Cochran: That►s already coming down the I~gej
line? T
} Mr. Robbins: That has happened.
Mr. Cochran: okaY, very good.
Mr. Persaud: Yes, the ordinance amendment we talked about,
Mr. Cochran, they are in the process right now and we have
l_ a schedule of November 25th to take those to Council. The
+ Customized zoning of the residents wanting to pursue that,
we would bring those back to you, then, before we go to
Council with them. But right now the proposal is to annex
and temporary zone agriculture. There is no way in the
( schedule for Pit to table this activity. You need to sake
f a recommendation to Counoil, positively, or you recommend
y denial because the state law sets out the procedure and you
can see were going to Council for the first reading of the
ordinance on October 25th. ThatOx the time `frame we►rs
E working by.
Mr. Robbins: Before we start over again.
Mr.-Persaud: Yes, or we start all over again from the top.
Mr. Cochran: well, it►s unfortunate because I think that I
got the Idea that we're basically in favor of annexing this
} iropo ty itts just that we got some questions about how that
g ng to happen.
Mr. Persauds Safetguards.
Dlr. Cochrans Yea, exactly.
Mr. Persaud: Mould you like for me to go over those again.
Is there section, we have made a request to breeding animals
to be allowed within the "A" district, barbed wire would be
allowed within the "A" district, the swimming pool deal,
because of the life situation, we are going to give the owners
six months to comply, it's a life threatening situation. Coch
comfortable
on a io•abo trthat cell agr a ent withlMr, Heilig,+I t awgitstass
p
around here.
f
Mr. Peroaud: Two and a half lines. .
Mr. Drake: Mike, we can't comment on that anyway.
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Pit Commission DA
F October 12, 1994
Page 60
Sts 6
Mr. Cochran, Well, Harry did earlier though, whether or not,
f he made some statements to that subject. I'm not asking .
f Mr. Drakes Yea, legally we can't. We can't advise Mr. Hailig
on that. That's something he is going to have to address with
his own attorney. But, as Harry pointed out, the proposed
t ordinance, I don't think that We. fair for as to comment on
the legality of the proposals tonight. But, on the other
hand, the proposals themselves are really rather simple in the
concept and I don't know that seeing a draft of the proposal
is really going to be that availing because the concept is
f really quite simple that the barbed wire would be allowed in
an agricultural area whereas We not currently.
i
Xr. Cochrans I believe that mechanism is comfortable with that and you sa going on and I'm
y y you'll bring that back so
thats fine, we'll get a chance to look at it. But the other
question, I don't know what your feelings are folks but that
water question is something that bothers me. Would you mind
passing be that lease/well agreement, please.
Mr. Persauds I think the wording is in the last paragraph of
the agreament in which the residents interpret it to meathat
if they get annexed, that would kind of make water available
to them.
Mr. Cochran: And that really is a pretty lousy question.
there, really isn't enough information there.
Mr. Persauds The fact, Mr. Cochran, is that annexation will
not change the location or the availability.
Mr. Cochrane Because it's at the same spot at the time of
annexation.
Mr. Persauds Exactly. So tH-t's why the city staff is not
offering a legal opinion but we're saying that the annexation
will not changa that agreement in any way. It's not a legal
opinion but We just how we interpret it.
Mr. Robbins And its as available now as it is whether it is
in or outside the city. That is Mr. Cosgrove's point.
Ms. Russells Is there a motion? Is there any other informs- '
tion you would like to discuss?
No. Schertss I will make a general comment so we can get this
--rte-
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Minutes t : a4'
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Page 81
51c fil
moving. As it's brought to us tonight I cannot vote in favor
of it and if we want to make a motion as it0s brought to us
tonight then that could be a direction I would feel comfort-
able in taking. If anybody wants to talk about how, because
at the other end, Mike I hear you saying you are in favor of
it with some exceptions, if we want to talk about what, how we
would vote if there were changes made and send that message,
but it is my understanding it is not our final say to
ni
that will
determine
the fete of
recommendation to city council. I these
there has bean enough
discussion that sounds like they have done homework with city
staff and it sounds like we have talked about amendments that
E need to be made and I would like to recommend that we decide
f what message we want to send the city council. Do we want
just flatly deny this or do we want to go ahead and aay with
I certain provisions and how ever many we want to list, we will
I list with that recommendation, but we've got to make a
decision.
Mr. Cochran: That/ e. pretty good. Not making a motion, I
suppose, is one decision but not necessarily a very good one
i for us. So, we're opening up a real can of worms on this
F business with the waterline now.
Ma. Russell: I get the feeling that we feel comfortable with
what staff is recommending on everything except our major
f concern is the expense of this water line and the fact that we
are not sure if he has to go out within a week after this
4 annexation takes place and immediately start payi for
I $30,000 - $40,000 to get this to his property. We don"t know
that he will have to that but we do not know if he will not
have to do that. That's the point that I sense watee having
a problem with.
Ms. Schertc: I couple more that I would like to address. one
would be the concern with future existing businesses. I would
like the message to be sent that with talking about an
amendment that would allow then to exist and I want that to be
prepared in writing and can be approved then before City
Council makes its final. Is that my understanding? That its
already in progress and it can be approved before City Council
would make a final decision.
Mr. Persaud: There is no need for an amendment to allow those
businesses to exist as is.
Ms. Schertc: So it's already in place?
k
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Piz Commission DRA
1 October 12, 1994
Page 02 _ rf• .9
52 oa 6 /
Mr. Persaud: If those businesses that already in place,
workshops, whatever, sheds, whatever are there now when
{ annexed will be in the city limits and grandfathered as is, no
j problem. The only two problems are 1} if they get damaged by
j fire or natural disaster more than SOW of value then those
f businesses may not be allowed to be rebuilt . . .
t Mr. Robbins: without a variance.
3 Mr. Pereaud: Yes, without a variance. The only change that
you can do to safeguard that is to customize the zoning which
we would work with the residents to do.
1
i Someone from the audience spoke but it could not be heard from
the tape since they were not at the microphone.
Ms. 3chertzt I've got a conflict here. I hear his saying one
thing and I hear her saying something else. Do we have legal
stuff on this?
Mr. Cochran: Nothing.
rx Mr. Drake: What IOn hearing is that there are no guarantees
and there are no guarantees in life.
Mrs Persauds I'd like to correct that because the zoning
ordinance does say that areas annexed into the city and
• Mr. Robbins lease correct me, will be brought in and grand-
fathered as is and we've done it all the time in the city. so
thatfs a guarantee, it's written in the ordinance that way.
This gives then the right to continue their operation was is"
without any other changes.
Me. Schelrtzt whether the businesses are in their homes or
outside of their home?
Mr. Persaud= Exactly. it has been brought into the city the
} way it is and I mentioned the provision.
Ms. Russelit This is not unique to this area because here
are places in town where if it were burned or natural dtaas-
ter, could not be built. That"s throughout the city in
various places.
Mr. Nortont They are non-conforming uses.
No. Russells Right.
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Mr. Persaud: What we were suggesting to do is after annex-
tition to go and work with the neighborhood and see if we could
customize them a zoning which would allow them to rebuild even
if destroyed by fire. So they would have a zoning for that
classification. We hope that we could work with them to do
that.
Ms. Russell: Which would help a lot of areas in Denton.
Mr. Persaud: We didn't want to do this in other neighbor-
hoods, we're thinking of this special neighborhood where we
could work this out with the residents because we recognize
that they have a problem and we're taking them in now. We
need to work with them now to resolve that problem.
Ms. Russell: So we have addressed it for now but it's the
future that your addressing.
Mr. Persaud: Yes. That's a good interpretation. We're
thinking of addressing the future situation.
Ms. Schertz: The second issue I'd like to take up is the
maintenance of Ryan Road. When I read your comment, it says
the city is not proposing to annex Ryan Road however the
annexation may 6e adjusted to include Ryan Road in which case
the city will be responsible for maintenance. I'd like for us
to adjust it to include Ryan Ro4 unless you all have a
problem with that. Because right how what I hear is that it's
1 the city and county and who does what and it's going back and
forth and it Vc have a chance to correct that at this time,
It's an issue I d like to see addressed.
i
Mra Cochran: Now, from what I understand, the county is
rebuilding Ryan Road right now?
Mr. Pereauds They are currently working on it, yes.
f Mr. Cochrane And ;hat are they doing to rebuild it?
Mr. PersauV: David could tell you more about it.
r
Mr. Salmon: Through the county bond election that was held a r
couple of years ago, the county is funding the reconstruction
of Ryan Roar. They are completely rebuilding it, dug up the
old road, , atting in line and then six inches of asphalt,
putting all new drainage structures in. That particular
project was designed by the ~ Ety and we are monitoring the
a
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October 12, 1994 n.
I Page 84
construction, doing all the administration construcf~on but it
is being funded by Denton County.
Mr. Norton: But there is some of Ryan Road that lies along f
the city boundary right now that we don't have, right? That
is not part of this?
Mr. Salmons The city, basically, maintains Ryan Road now from
I
Montecito Del Sur back to the east to Teasley Lane.
Mr. Norton: So we would just be adding to this?
Mr. Salmon: That's all in the city. From Montecito Del Sur
vest, is currently out of the city and we don't maintain it.
1 But if we annexed it, we would.
p Mrs Norton: Well that also, there's some Forrestridge
frontage there too.
Mr. Salmon: Like, when Forrestridge was annexed, the annex-
ation only went to the north right-of-way line. It did not
include the road.
Mr. Norton: So we are already up against it in areas that we
are not maintaining it?
Mr. Salmon: Right and that's the way this particular annex-
ation is proposed at this moment is that the annexation would
f end at the north right-of-way line.
Ms. Russell: If we annexed that road, would the standards for
d~
tho city and road building and the county are different.
Would we accept that road as is now?
Mrs Salmon: Yea, we convinced the county that it ought to be
built to city standards when we designed it.
4
Y•' ; Mr. Cochran: Well, I'll tell ya, when I read this again, this
water well agreement, I get it in a slightly different light
and that light is that this annexation is not going to have
any immediate impact on whether or not this agreement is good
or not and so, I would still like to say that I an not
entirely comfortable with the city's legal interpretation of
the provision of services to the annexed area section of state
law. I still have some real problems with that because I
think if we're going to be taking something fr.m somebody, as
far as taxes for instance, that we need to be forthcoming
OT -
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PteZ Commission 3Octob
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ssva a'
because we're going to be taking those forever and we need to
be forthcoming with services and be generous in our offerings
as well. But with the ambiguity of this statement and my
` feeling that it has no bearing or whether We annexed or not,
this statement is the same, I would at this time be willing to
move that we recommend this annexation with the provision that
the ordinance be customized
to suit the needs of grandfathar-
ing in a very explicit way to allow existing businesses to
perform and we've talked about the Opaskey's and the
r Crownover's and the Ryan's operation as wEll to make sure that
their needs are met from now on, in fact, and I'd be willing
to make that motion.
Ms. Russell: Is there a second?
Ms. 8chertzs Are we going to include Ryan Road,'
Mr. Cochrant Oh, yea sure, if you want to throw in Ryan Road.
That was not my concern quite as much as yours I have to say.
Ms. 3chertat I'm just reading from paragraph two where it
is its possible to include Ryan Road so whatever area
thy' talking about, thats what Z d like to do.
Mr. Cochran: It does seem that if the city is going to abut
it, and the city has engineered it, and the city maintains
part of it now, that it doesn't seem unreasonable that it
would continue to maintain it so there would not be a
juris- dictional problem in the future should there be some drainage
s' problem there at Ryan Road, it doesn't seem, I don't thick
that this is going to be adding a tremendous burden to the
city at this point. if the county is constructing it and it
i would be many years out so, yes, I would include that as wall
that we also take on that portion of Ryan Road directly
f abutting this annexed area.
Ms. Russell: Is thare a second?
r
i Mr. Norton: I'll second it.
Mo. Russells Discussion? Mr. Drake, did you have a concern
about
Mr. Drake: The only thing r was concerned about, I don't
know, this was something that prank and I wsre talking about.
I'm not exactly sure Mr. Cochran what you specifically mean by
the customizing of the ordinances because i know there's a
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PiZ Commission
October 12, 1994 _ ra n „ y
Page 86
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couple of ordinances that were not really proposed for changes
for example, the one about the animals within 200 feet or the
swine within 1000 feet or what have you. I don't know if your
extending it that far or if your leaving it with the staff's,
what the staff has suggested that our office review.
Kr. Cochran: Here is what its suggesting by that and what I 1
aaant by my words and that was that basically, an agreement be
worked out between staff and the individuals concerned that
would allow then to continue doing what they do without any
I jeopardy in the future that might have an ax over their head
so that they would not, that their livelihoods would not be
affected by this annexation and that would be what I mean be
that. Do you want be to be more explicit than that because i
can't give you nuts and bolts because I'm trusting staff and
neighbors to work it out and if not, Its sure the neighbors
will let us know about it and we'll. . .
Mr. Drake: Well, I guess what my point is that I don't think
that the city can give anybody a "get out of jail free" card
1 in otherwords and if there is a violation of the city ordi-
nance that the ordinance is not amended, I don't think that
this can act in that and I guess to the extent that we have a
t couple of ordinances that we've been talking about here and I
know the one tbst is specifically sticking in my mind are the
as 5': limitations on the locations of the animals within sc many
r'. feet of a residence or the breading pens and what have you and
I know that what has been proposed for our review is to change
{ the barbed wire fence, the swimming pool,
Mr. Cochran: Well here is the isuue, pigs or whatever, the
horses were there before tho houses were there and so now
ware going to come in a pen"41ite the owners of the animals
because somebody has decided to build their house, the folks
that built their house within 200 feet of these animals should
be penalized and not the owners of the animals and if we can't
work it cqt then I will withdraw my motion.
Mr. Drake: Yea, understand that the ordinance has to apply
city wide. We can't change the ordinance with regard to this
particular annexed area and so if the proposal is to slimi-
hate the ordinance or to alter the boundaries or what have
you, that's the kind of constraints that we're dealing with
` hear is that we have to deal with the same ordinance city wide
and either the ordinance is a good idea or it's not a good
idea.
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October 22, 1994 Page 87
Mr. Cochran: Well I think that this would come under the
wituation of a legal non-conforming use and that that allows
exceptions.
Mr. Drakes okay, but the non-conforming use
portion of the
ordinance applies to the toning portion of the code of
ordinances. There is not a legal non-conforming use status
available for these I call them nuisance violations because I
that is where the are o
They are in a different location than hthe~zonif ordinances.
and so there is no ordinance provision for grandfatheriancif
! you will and I say that with a eaviat here. The barbed wire,
there is sort of a grandfathering in that, the prohibition is
only on erecting barbed wire fences. There is no prohibition
( on maintaining an existing fence.
I Mr. Cochran: So in other words, what I've moved, can't be
done? So there for, I'll withdraw my motion.
Ms. Russell: Let me tell you wbat I heard. I heard Harry
saying customize it, which I thought applies here. I heard
you saying,the.t we can't do that.
E
Mr. Drakes well, I think that the ordinance has to be the ±
ordinance for the whole city. Now, if your talkirq about
there particular. , we're talking about different kinds of
y. ordinances. We're talking about zoning type ordinances and I
we're talking about actual nuisance type ordinances, the
.r barbed wiring and the animal control ordinances and things of E
that nature are ordinances that apply city wide and you might
be able to say maybe treat them differently in agricultural -E
areas or something of that nature and if you have any sugges-
tions on how to do that, we could certainly look into those
4~•
- suggestions as well. but what I feel fairly confident in
1 saying is that you can't say that the ordinances apply
everywhere except for this one little parcel. `
p
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{ Kr. Persauds Jerry, can I just mention point?
ti* '1 r
Kr. Drakes Sure.
Kr. Persauds The Commission, I think, understands the
ordinances that we are proposing to amend and wh.tn we amend
those ordinances it will apply city wide, what the commission
is understanding also, I think they understand, is that the
staff will Ne working with the residents to custo,%Ixa their
zoning to take care of future situations in the case of an
■
Minutes
Paz Commissions -
October 12, 1994 " to
Page
!D - U
uneventful thing should happen, like a natural disaster,
,'st into the city
because I explained that when they are brour
their businesses will be legal non-conformirl uses, meaning
that they can exist as they are, no problems, and still comply
with all the city's ordinances. When we customize it, we will
tin em a zoning classification which will take care of
r g th
an
g
,
that non-conforming use for a future scenario if indeed it
gets damaged by fire or anything. I think Mr. Cochran
understands that and I would just like to make that clear
again.
Ms. Russells That's what I understood.
Mr. Draket Okay.
1 Mr. Morton: so maybe the motion and the second could still
f stand?
Mr. Cochran: so where do we stand now? I have withdrawn my
G motion, is that where we are at at this point? Okay, because
I as basically in favor. I do believe that this has a little
' to do with responsibility to the community, whether or not you
feel like your in it or not, you kind of are and so I would
move that we would ask the Council to approve this annexation
with the following stipulations: that they maintain and take
j control of Ryan Road and extend our city's domain to the other
k side of Ryan Road, which is going to be a moot point for a
! while because it's freshly done but nevertheless in the
future, and that the citizens in that arer. work with staff to
customize the ordinance to allow them to continuo to do what,
they do there as far as their livelihoods. That'e what I
a ~ would mope.
} Mr. Morton: I want first of all to say thanks to the staff
for a lot of kard work. I still an not extremely comfortable
with the decision that we are about to vote on however 1 feel
it is the best vas to go even though there are some definite
drawbacks in it s,,o therstore I will second the motion.
Ms. Russell: Any further discussion? 1
Mr. Cochran: I just got one other comment to make and that's
to the folks out here and I don't expect, obviously you all
are going to be irritated with us for, I don't know how we're
going to vote but nevertheless, I know how I'm going to vote.
I can't blame you in the least bit for doing what you do and
I would be doing exactly the same thing and hopefully as
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Minutes'
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t October 12, 1994 /d-Z
Page 89 6
compstently as you all have tonight but I an trying to look at
this from a picture of the entire city and thatts how I base
my decision and in my mind, Ms. Ryan, I believe I an being
fair and I don't expect you to agree with me but nevertheless
I have, at least from my owit sense, I believe that I have
accomplished that goal.
i Zia. Russells No further discussion? All in favor of the
j motion, please raise your right hand. All opposed same sign.
Motion carries (3-1). Ms. Schertz voted in opposition.
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NO. ! 60
AN ORDINANCE OF THE. CITY OF DENTON, TEXAS ANNEXING A TRACT OF 68
ACRES LOCATED NORTH ON RYAN ROAD AND EAST OF FORRESTRIDGE DRIVE;
APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING A i
i TEMPORARY AGRICULTURE (A) ZONING CLASSIMATION FOR THE ANNEXED iiii
PROPERTY; AND DECLARING AN EFFECTIVE DATE. I
WHEREAS, the City of Denton wishes to extend its City limits
line to include contiguous tracts of land north of Ryan Road; and i
WHEREAS, public hearings were held in the Council Chambers on
September 20, 1994, and October 4, 1994, (both days being on or
R after the 40th day but before the 20th day before the date of E
institution of the proceedings) to allow all interested persons to
state their views and present evidence bearing upon this
j annexationt and
WHEREAS, annexation proceedings were instituted for the
property described herein by the introduction of this ordinance at
a meeting of the City Council on October 25, 19941 and
WHEREAS, this ordinance has been published in full one time in ,
i
the official newspaper of the City of Denton after annexation
proceedings were instituted and 30 days prior to City Council
taking final action, as required by City Charter; NOW THEREFORE,
,Xf# THE COUNCIL OF THN CITY OF DENTON HEREBY ORDAINS:
6ECTION Is That the tract of land described in exhibit "A",
a attached hereto and incorporated by reference, is annexed to the I
" r City of Denton, Texas.
t3ECTION Irs That the service plan attached as Exhibit "B" and
incorporated by reference, which provides for the extension of
municipal services to the annexed property, is approved as part of f
I this ordinance.
{ SECTION III! That the property annexed is temporarily zoned
for Agriculture "A" district classification and use designation
under the comprehensive zoning ordinance of the City of Denton,
j .
Texas.
SECTION IV: That the Cityfs official zoning mad, is amended to
li show the temporary zoning district classification of the property
annaseed.
&ECTION Vs Should any part of this ordinance be held ille,4%1
for any reason, the holding shall not affect the remaining porticn
of this ordinance and thq City Council hereby declares it to be itm
purpose to annex to the City of Denton all the real property
described in Exhibit "A" regardless of whether any other part of
the described property is hereby effectively annexed to the City.
I
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Data 111 ZS'^ " 6/
If any part of the real property annexed is already is..~luded w thin '
the city limits of the City of Denton or within the limits of any II
4 other city, town or Tillage, or is not within the city of Denton►s
53 " iuriadiction to annex, the same is hereby excluded from the
erritory annexed as fully as if the excluded area were expressly
described in this ordinance.
X1SECTION VIs That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2000,00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
4, 1
+ IJECTION-Viis That this ordinance shall become effective
AtF`' 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 off ioial.
newspaper of the City of Denton, Texas, within ten (10) days of the
a date of its passage. {
~ka ,ill
PASSED AND APPROVED this the day of ►
.I
BOB CASTLEBERRY, MAYOR
ATTEST:
,
;JENNIFER WALTERS, CITY SECRETARY
IPf•~,{pCig9'i
8Yt
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY AT'T'ORNEY
Byl
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PAGE 2
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CITYM
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DATE: 25,
/ Q
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01 COUNCIL REPORT FO
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
4
SUBJECT: HOLD A PUBLIC HEARING AND OONSIDER ADOPTION OF, N ORDINANCE
{ ANNEXING AND TEMPORARILY ZONING A 263 ACRE 'T'RACT LOCATED
E NORTH OF JIM CHRISTAL AND 'WEST OF MASCH BRANCH ROAD.(FIRST
READING)
C~ 4* A Y
RECOMMBNDA' QN:
P,P~ty
The Planning and Zoning Commission voted unanimously to recommend denial.
(4.0)
WIMMMY,
The City is proposing to annex and zone a 263 acre tract located north of Jim it
Christal and west of Masch Branch Road (A-66) The tract shown on site ma
a, attachment #1, includes 9 single family homes, I mobile home and 1 business with
i~o an assessed property value of $895,543.
The City Is initiating the proposed annexation in order to include an existing "donut a
hole" tto that the city limits line is drawn around contiguous tracts of land.
o- } A Service Plan setting out the City's policies with regard to extending municipal
services to this tract Is included in attachment #2.
1
The area is to be annexed and temporarily zoned Agriculture "A" zoning district
classification in accordance with Section 35.15 of the Zoning Ordinance.
The, residents In this area have expressed major concerns with the proposed
AV ~ annexation. Staff is proposing to amend the following city ordinances in order to
alleviate these concerns.
A 1f i. (1) Breeding animals: The current ordinance prohibits the keeping of
breeding animals with In the City limits. The proposed amendment will I
i allow the keeping of breeding animals In the Agriculture "A" zoning district
classification.
(2) Barbed wire fences: The current ordinance prohibits the construction or
i erection of new barbed wire fences In the City limits. The proposed
,f Page 1 I
~as~daNo
amendment will allow the construction or erection of new ences/~.~,$'
In the Agriculture "A" zoning district classification. o--"~'
i
(3) Existing swimming pools: The current swimming pool code requires five
feet high enclosure around a swimming pool. The proposed amendment will
allow existing pools In newly annexed areas up to six months to comply with
these requirements.
j City Council reviewed six potential areas for annexation at the Council's retreat last
t ` June and directed staff to proceed with annexation of this tract. in accordance
• • i with the Local Government Code the City may annex in any one year, an area of up
to 30 percent of the incorporated area of the City, plus carry over from previous
years not to exceed 30 percent of the city's area or 10,514 acres.
City Council held a discussion with regard to the proposed annexation on August
160 1994 and approved an annexation schedule (See attachment #3). The fast and
f second pubilc heartags were held before the City Council on September 20, 1994
and October 4, 19% respectively and most of the residents spoke In opposition.
Response to questions and concerns raised by residents are summarized and
' included to attachment #4.
The Planning and Zoning Commission considered the proposed annexation and
} temporary zoning at its regular meeting on October 12, 19% and voted
unanimously to wommend denial.
NI S OR GROUPS AFFEGM:
PARM
All city service departments including Utilities, Engineering, Planning and
Environmental Health, Parks and Recreation,
l~evelopmeet F Police Solid Waste, 7 ,
and Library.
PIS=
The total assessed values for properties In this area amount $895,543 with
! .r estimated annual tax revenue of $5,023. The annexa don and ultimate development
of this tract will expand the city's tax base.
Respec iy submitted I
f ~E
Lloyd Harrell, City Manager j
Page 2
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A~erd~lte S ~
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Prepared by: t
I
Barry N. Persaud, MRTPI, AICP
Senior Planner
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Approved . , l
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Frank Robbins, AICP .
Executive Director for Planning and Development.
F. A 1.
yl yP ~A~~ n ~Y ry
W'
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Attachment"# 1: Site map and legal descdpdan A-66
`s Attachment #2: .service Plan A•66
Att@cbIMt #3: Annexation schedule
by residents.
to questions and concerns raised
Attachment #4: Sesporise 12, 1994.
{ Attachment #E5: i'&Z minutes of October r `
's Attachment #E6: pnneration Ordinance
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ATTACHMENT 1 M111 ANNEXATION SITE
ANRlEX
ATION A66 Site Ma DENTON CRY LIMITS
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F _ ~a .q 4 rcel ALL that certain
A-r6d
ithe 9,Huizar Saurvey )01 5148 the 0. Baron u the a.
err Survey A-983#
208 and and the Myers-Johnson Survey !1-1699 and being more particularly
described as follows$
at a point in the existing city Limits as established by
Ordinance
Ordinance 82-52 and also being in the south line of Ordinance 74 ~
36, Tract V+
THENCE south with said existing City Limits 3,550 feet to a point
in the center of Jim Christal Road in the existing City Limits as
established by Ordinanc 69-401 Tract 11
THENCE in a westerly direction with the existing City limits as
~F established by the last mentioned ordinance 1,495 feet to a point
in the existing City Limits as established by Ordinance 86-102=
THENCE with the calls of ordinance 86-102 the following three (3)
courses and distancess
1) north 06 11' 40" vest 3,064.31 feat,
~2) north 890 28' 48" west 1048608 feet,
(3) south 00 lit 40" east 30031.04 feet to a•point in the
existing city Limits as established by ordinance 83-901
THENCE in a westerly direction with the center of Jim Christal Road
to a point in the existinn city Limits as established by ordinance
66-4111
THENCE north 09. 03' 21" west with Egan Read 1,400.0 feet to a
point for cornert
THENCE north 896 59' 47" west with a lance 1,94.8 feet to a fence
corner post
f ,
as hestablishadBbyiOrdinanc a74-36,
THENCE { in the exi ting iCity Limit with
Tract V and in a curve to the lefty
THENCE in a southeasterly direction with said curve 424618 feet to
the Point of Tangencyr
THENCE south 88. 50' east 51637.5 feet to the Point of Beginning
and containing 263 acres of land.
i
A8600405/2/cq
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ATTACHMENT 2
$FRViCE PLAN ~~+3~Ct0N0
Aa8a~3~t3 S
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AmOCSafjOm Nembetl 61
Aaar massed: 20 Ac m
Location: Nord at Jim awtsw smd wet of Mm& Brawk Road.
police services
I
10 Patrolling, response to calls, and other routine
services will be provided on the effective date of
the annexation, using existing personnel and
equipment.
14 Upon ultimate development of the area, the same
t level of police services will be provided to this
area as are furnished to comparable areas within
the City. i
B.' lira protection and Emergency Medical services fEMSS
i. Fire protection and emergency medical services by
the present personnel and present equipsrant within i
the limitations of available water and 'distances ;
from existing fire stations, will be provided to
this area on the effective date of the annexation.
34 Upon ultimate development of the area,the sass j
level of fire and emergency ambulance services will
` b,% provided to this area as are furnished to
i comparable areas within the City.
C. water/wastewater services
water and wastewater services will be extended to the
property in accordance to the city's master utility plan
and section 34-118 of the Denton Code of Ordinances.
Devolopers shall pay the actual cost of all water and
sewer main extensional lift stations and other necessary
facilities required to serve their development in
accordance with the City's master utility ptan and the
subdivision and Lend Development Regulations
The City may participate in the cost to oversize water
and sewer mains subject to fund avaliauility and approval
of the City Council.
6
Mal
Where water or sewer main extensions ' Yi'ft stdL2or~s,
force mains or other necessary faoilitfesi'bre'lnstalled
by the developer, the developer shall entitled to
reimbursement of the cost of such faoit.i'es romp -
rate charges paid by persons connecting to or using such
facilities to serve their property, accordinq to the
subdivision and Land Development Regulations.
D, solid Waste Collection
1. Solid waste collection will be provided to the
property at the same level of service as available j
i to comparable areas within the City, within 60 days
of the effective date of annexation.
i
2, As development and construction commence within
this property, and population density increases to
the proper level, solid waste collection shall be
provided to this property in accordance with than
current policies of the City as to frequency,
charges and so forth. i
g. Streets and Roads
1. The City of Denton's existing policies with regard
to street maintenance, applicable throughout the
i entire City, shall apply to this property beginning
with the effective date of the annexation, f
2. Routine maintenance of streets and roads will begin
in the annexed area on the effectivedate -of ;
annexation using the standards and level of service
} r.
r 0as currently applied to comparable areas of the
city.
3. Reconstruction and resurfacing of streets,
1 installation of storm drainage facilities,
construction of curb cuts and gutters, and other
such major improvements, as the need therefore is
r determined by the City Council or Mena or, will be
accomplished under the established policios of the
City.
4. Traffic signals, signage and other traffic control
rr devices will be installed as the need therefor is
F` 1 established by appropriate study and traffic
j standards,
5. Street and road lighting will be installed in the
substantially developed areas in accordance with
the established policies of the City.
2
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ISO"
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~1 health and Code Pnforceme~{ht;a.,~,ic. 5966'
F. Environment
i. Enforcement of the City's environmental health
ordinances and regulations including, but not
limited to the grass and weed ordinancs, garbage
and trash ordinance, junked vehicle ordinance, sign
ordinance, food handler ordinance, animal control
ordinance, and the tree preservation ordinance
shall be providad within this area on the offective
date of the annexation. These ordinances and
{ regulations will be enforced through the use of
existing personnel.
Z. Suilding, plumbing, electrical, gas, and all other
construction codes, as may be adopted by the City,
will be enforced within this area beginning with
effective the personnel ill be us d to provideatheas services.
The city's zoning, subdivision and other ordinances
shall be enforced in this area beginning on the
effective date of the annexation.
4, All inspection services provided by the City of
Denton, but not mentioned above, will be provided
f to this area beginning on the effective date of the
` annsxation. Existing personnel will be used to
Y provide these services.
'V 54 Flood damage mitigation will be provided by
existing codes and ordinances of the City as of the
effective date of the annexation.
66 As development and construction commence within
t
E this area, sufficient personnel will be provided to
' furnish this area with the some level of I
environmental health and code enforcemsnt services
as are furnished to comparable areas within the .
city.
G, Planning and Deyjj opmgnt Services J
1, ~I
The zoning jurisdiction of the City will extend to the
annexed aro& on the effective date of annexation.
tract is to be s ned Agriculture (A) zoning classification
at the time of annexation.
& rks and Reo anion services
Residents of the newly annexed area may use all recreation
3
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f
facilities, including parks and svimming'poalsboh
the City, on the affective data of the ~m►exation.
same standards and policies nov used within the City ill
be followed in the maintenance of parks, playgrounds and
swiaainq pools.
Js giectricai Distribution
Electrical power will be made available to the site as
required, at the same level of service currently being
provided to comparable areas within the City.
' K. ISiscelianeoum
d; street names and signs will be installed, if required,
approximately six (d) months after the effective date of
annexation.
Residents o1 the newly annexed area may use all publicly
owned faoilities, buildings or services within the city on
1 the effective date of the annexation. All public! owned
taollities, buildings or services will be maintained in
accordance with established standards and policies now Used
in the City.
L, Capital i ere emend Program (CIP„1
The faP of the city is prioritized by such policy guidelines
1
set
16 Demand for services as compared to other areas will be
based on characteristics of topography, land utilization,,
population density, magnitude of problems as, related to
comparable arias, est,aplished teca`anical standards and ,
professional studies. 1
S.Y 2. The overall cost-effectiveness of providing a specific
facility or service.
The sn=sexed,area will to considered for CIP improvements in
the upcoming CIP plans This tract will be considered
Lr accordlrp to the same establiohed criteria as all other areas
I.. of the city.
4
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ATTACHMENT 3
mow. 9hJ
ANNEXATION SCHEDULE (A-66 and A-671~
10l e6
a •l 4 `
a ACT MW
TDATU
,
Ci
ty Counc.1 sets date, time and place for public 6 11
hurinp.
Staff Informs property owners about the proposed 919
annexation
f tr fr 1
777E m• {
Notice published In Denton Record Chronicle for first 9/9
t F public hearing. Service plan Is prepared.
City Coutkil holds first public hearing. 9/20 .
Notice published in Denton Record Chro-dcle for second 9/23
public hearing.
City Council holds second public hearing. 10/4 ;
Pkm tng and Zoni•rg Commission makes 10/12 {
recommendation.
City Council Institutes annexation. First Reading of
,~t p Annexadon Ordinance
' publication of Annexation Ordinance In Denton Record 10/28 `
0=11cle. r i.
Fitutl Action by City Council. Second reading and 12/6
: I adoption of the Annexation Ordinance. }
Acdon requiring at least six aPRrmadve votes of City Council.
~d
C4G> Ft S Y
ATTACHMENT 4 P,gc~~a lrl_ i
o aTCTrn RY RFS_ F.T?t`5 .'~t`_/t ~ O
. ♦.r'~ f•Ln+TCPAI AAti) RYAN R~Al~1
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1. is barbed wire fence allowed in the City limits? !
r }
Existing barbed wire fences will remain in the City after annexation. New barbed
wire fences may not be installed.
2. Are breeding animals allowed in the city limits?
owe:4 in the city limits based on current regulations.
Breeding animals are not all
Staff will be proposing an amendment to the ordinance so as to allow breeding
animals in an Agriculture District.
' I Are there specific space requirements for keeping animals?
r
Animals kept in pens and barns need 400 square feet per head.
'
4 is a permit required for tree removal over lo" caliper?
located on existing single family and two family lots needs
Trees over 10" caliper over 10" caliper located on vacant tracts
, ! no ponnit for removal. However, trees
and exlsting non-residential lots will need a permit for removal.
5. Will existing swimming Pools require fencing and gates?
b This regulation is intended to provide for public safety. The Service Plan may be
amended to require compliance with in six months of annexation
6. Will properties continue to enjoy agriculture exemption?
Annexation will not change the methodology for determining agriculture exemption.
1
;
Agriculture exemption will remain after annexation.
7• What are the requirements for curb and gutter and side walks?
t ;
Annexation will not trigger a requirement to build curb and gutter and sidewalk.
In some situations however, when development or subdivision takes place curb and
gutter and sidewalk may be required. It should be noted also that the Cit/s 1
Subdivision and Land Development Regulations currently applies to this area and
will not change with annexation. Generally, subdivision for lots one acre and
larger in an Agriculture District (A) v&1 not require curb and gutter.
aw .t..:i.J..: „'.,,.d... r
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permit required for new construction? 1 60
11
8. is a building
S.
existing
will be required for new buildings and addition to
A building permit
annexation. 1
buildings after
q. What about manure disposal?
h f= Dpen field is not restricted. Where animals are kept in a
not stand in ankle deep
Manure disposal in an , could
pen or barn a manure box is required and animals
manure.
10. What will be done on Egan Road?
development abutting Egan Road
singl °
c r currently maintains Egan Road. Any improvements on Egan. A
` r which i is is part of subdivision will be requireder development is excepted from this
h3nw which is not part of a IM
family
j i requirement.
rovision of fire services? i
What is the limitation of available water in the p
has to transport water to the
< y is the Fire Department capacity to provide
t Wtw,,e there are nc fired tank vehicles with up to 3500 gallon ,
"o. site of a fim..Tbe ►
k , . • such services.
12. Where is the nearest ilre Etation?
Station #E3 located on McCormick Street.
down?
} 13. Would fire insurance rates go
1Y to stay the same. Commercial rates maybe reduced.
# f., we like
Wdentia1 rates at s
patrol the area?
14. HOW often will the tY I
on a number of variables including but net
r, The frequency of Patrols will depend
number of accidents etc
of calls, activity the area,
t limited to the number "
Would services be taken away from existing areas?
15
No. f
is this °donut hole" existing?
78~ 16. Why in 1966 creating the "donut
Road was voluntarily annexed
The area west of Egan
y
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{ 17. Flow long will it tote for water and waste water lines to be extended within 113000_ feet
of the Mitchell's property?
According to City policies the land owner/developer Is responsible for extending
k~ , t s water and waste water lines. The City has no time frame for such extensions.
18. What percent of the land is located in the flood plains?
78 acres or approximately 30 percent of the area is located in the flood plains.
19. When and how often will garbage be picked up?
I Solid waste collection Is twice a week. Yard waste collection is on wednesdays.
20. Will residents have to pay higher garbage rates?
} . NO.
21. What are the benefits to residents?
r[ in addition to &Aborhood Service Delivery provided in the service la. the City has
° 1 ~ ,+6f an
ive 1 i eProgram in which City staff work with
r f
residents t
o resolve problems. and issues at the ndghborhoal level. , .
z ~
22. Was there a feasibility study at the time of the 1986 annexation b Miller of Texas?
f ' This was a voluntary annexation. The City does not have a copy of that study.
23. What is the purpose of this annexation?
The primary reason is to fist the City limits line along a physical boundary and r
` elimInate an existing "donut hole"
y 24. Will a delay In anne:cation affect the Airport?
No.
25. Will annexedo
n allow more control?
11.7 ; i Yes. After annexation the City will extend code enforcement, planning and
t , k •
{ { E development and other services and work with residents to preserve and enhance
the quality of life in the neighborhood.
3
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wrw'~
f No a S
} 26. Will the fire service be guaranteed to be superior to that offered b}f pci P044e0 F No guarantees but fire service `vill be provided by a larger
staff .and more
',equipment.
40,
27. What Is the definition of "uldmate development"?
The term "ultimate development" refers to the development of that area as shown
ti1a k y, In the Denton Development Plan. This area Is designated as a low Intensity area
7 to be developed primarily for residential uses. The armexed area Is to be zoned
agriculture "A" zoning district classification to allow for one family dwelling with a
rr * ' minimum of one acre lot size.
28. Will the City control speeding?
Yes.
k~ r 29. Will a stop sign be located on Egan Road?
After annexation residents may request a stop sign. The 6Trax
Y City rsportation
Department will then conduct a study to see if a stop sign is warranted. .
14
a + { 2+0. Will there be a left turn lane on. University at Egan Road?
After annexation at the request of residents the City s. Transportation Depamnent
Val conduct a study to we if a left turn lane is warranted? '
S
31. Where are the nearest water and waste water lines?
S t, ` `t 5 The attached map shows the location of the existing water and waste water lines.
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i' ANNEUTION SITE
ANNEXATION A66 r• p, qsS DENTON CITY UMITS
Site Map
Arc, ~ .~a7 ,
La;~'1cr~5 ab DV
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aytr t
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ATTCHMENT 5
MINUTES ~
PLANNING AND BONING CONXISBI0N '!C
October 12, 1994 - -
6 cvM D
The Regular Meeting of the Planning and Zoning Commission of the
City of Denton, Texas was held on Wednesday, October 12, 1994 in
the city Council Chambers, 215 E. McKinney, at which the following
{ items were considered:
y ,
! PRESENT FROM P & Z: Barbara Russell, Chairpersonj Ellen Schertas
Dick Norton; Mike Cochran.
ABSENT FROM P & Z: nichard Cooper, Dr. Mary Evelyn Huey, and Katie
Flemming.
r+, PRESENT FROM STAFF: Frank Robbins, Executive Director of Planning,
Jerry Drake, Assistant City Attorney] Harry Persaud, Senior
Planners David Salmon, Civil Planners Gerald Cosgrove, Adminis-
trator of Water/Wastewater; Chris Ford, Animal Controls Lisa ;
!tanning, Secretary.
The meeting was called to order by Ms. Russell at 5:05.
I. Consider approval of the minutes of the September 28, 1994
I meeting.
r Mr. Cochran: I move approval of the minutes of September
28, 1994.
o s": Ms. Schertas I second the motion.
Me, Russell: Motion carries (4-0).
II. Consider amending the minutes of July 27, 1994.
I`
Mr. Robbinst This is really a staff initiated situation
where I was reviewing minutes of this meeting in preparation
for presentation to the City Council. I can across cone
typo's. These are already approved minutes. What you ate
k on July 27, is really a recommendation. I recommend we
approve the amended minutes as shown on this document.
Mr. Cochran: I move to approve the amended minutes for July
27, 1994, providing I was in attendance.
Mr. Norton: I second.
Ms. Russell: Notion carries (4
III. Hold a public hearing and consider making a recommendation
to the City Council with regard to the proposed annexation
and toning of a 263 acre tract located north of Jim Christal
and Nest of Masch Branch Road (A-66).
i
F0
$eWc C <35
Minutes ate I i _ - /
Pit Commission 55aa Fn 0
October 12, 1994 HAF
Page z i
i Staff report b Harry 8ersaud.
i The city is proposing to annex 263 acres north his
Jim Chris-
tal Road and west of Masch Bra>>ch Road. This area is a
doughnut hole, it is surrounded on all sides by the t
limits. The doughnut hole was created in 1986 with the
annexation of the land to the west.
The annexation process is described in state law.
out the time period for annexation. The schedule showneis
a schedule adopted by the city council giving staff the go
ahead to deal with this annexation. The next stop in the I
process will be on October 25 when council initiates f
1 annexation by the force reading of the annexation ordinance.
Then, we hopefully will conclude the process on December 6.
It is a set process rnd it is consistent with the require:-
1 meats of the state law. i
Questions have been asked about why is the city proceedi
with this annexation. The state law says that a "home. ruing
municipality may take the following actions according to
rules that may be provided by the ty and not inconsistent with the proceedeur
by this chapter al raise described f
:i . One, fixed boundaries of the rules
extend boundaries of the municipality andannaxaareas
adjacent to the municipality. Three, exchange areas with
all municipalities. Based on
1 the city is authorized to fix itsoboundaries aseittseesifit
II
for various reasons. You w, ill recall that a few months
back, we annexed the area o ~ on North
Lo
to cu
fix the EN boundaries, We have been doing annexations
t for many years at the city.
i Last year, the staff prepared an annexation
T' was received by P i Z and went to cit policy plan that
accepted the annaxat.lon lam, Y Council.
Council
r of the city with regard to annexatsifl Bain general.~Iiwill
read for policy number 3.11 of that plan, Thty
Denton may consider that annexation of land within iti s of
in order to accomplish an s ow-
ETi
ing. One, expand the current but not tax bass limited and sales tax. Two
extend zoning land subdivision control and code enforcement
to a specific area. Three, provide munici
specific areas in the ETJ Pal services to
boundaries to the inco Four, provide recognizable
That recognizable boundar .to area of the E or the city.
standpoint, it tends to ~identifyImportant
the area, from the service
both for the
f
I
` apondaNo_ 'G
Apendal S
Date
1D
Minutes
PiZ Commission o
October 12, 1994
Page 3 f;
i
purpose from the citizens stand point and from the staffs
{ standpoint in providing services. Very often, our service
personnel gets called for services in areas in which they
are not sure whether they are within the city limits.
Physical boundaries make sense both for the residence and
the service personnel.
t
Between 1971 and 19941 in the first 5 year from 1971-1975,
we annex 2,831 acres of land into the city. Between 1976
and 1980, we annexed 2,214 acres. Between 1981-1935, we
annexed 7,612 acres. In the 1986-1990 period, we annexed
4,375 acres. In 1991-1994, we annexed 1,497 acres. These
j are annexations that have been done. We report these
I numbers to the federal government every year.
In the 1990 census, Denton was declared an urbanized area
by the Census Bureau. At that time, we had a population of
660270 and our city size was 51.9 square miles. That was
an achievement for Denton. Being designated an urbanized
area, changed our federal grant status for transportation, i
federal loans, grants from the federal government, other
f housing grants, and grants for airport development. They
are all tied to the cityfs site and population. All of
these incremental decisions that Council mskes based on your
recommendations for annexations, they have a cumulative
effect on the city. The cumulative impact is that it does
help the city in terms of its size, population, and ability
to attract federal financing and loans.
I would like to review with you the services to be provided
upon the effective date of annexation. In your back-up, we
j do have a service plan. The local government code requires
that the city prepares a service plan detailing how services
are to be provided to the area annexed.
't on the effective date of annexation, we will provide police
j services for the annexed area. Those services would include
patrolling and response to calls. There have been questions
from the rewidents and concerns with regard to how often
! will the police departrent patrol the area. I checked with
our police department about those questions. I was told
that the number of patrols depend on the activities in the
area, how many calls they have been getting, and a number
V of other vrsiables. There was no precise answer to that
question except to say that we will provide police services
to the annexed area. It will be the same as it is for all
areas within the city limits.
Minutes
Fix Commission
October 12, 1994 ~Q.
Page 4
We will provide fire and EMS services to the annexed area.
There have been questions from the residence and concerns.
We have attached in your back up a copy of questions and !
answers which we got from the residence. Questions on fire j
cervices, for example, was whether the Lire service provided
by the City of Denton would be superior to the service they
now enjoy from
Krum and Ponder. The answer to that question ,
is we could not guarantee them it is going to be superior,
but we know we have more equipment and
~ personnel. We feel
j it is going to be better, but there is no insurance that it
is going to be superior.
We are going tc. extend street maintenance services to the I
annexed area. As a matter of fact, we currently maintain i
Egan Road located in the annexed area. Environmental Health
and Code Enforcement, this deals with enforcement of the
city codes and ordinances, we will extend those services on
the date of annexation.
Planning and Development services will also be adied if
including building inspection. These services would include I
toning and subdivisions regulations, building, plumbing, I
electrical, codes, etc. I must mention that the subdivision
' regulations currently applies in our EN so it applies to
j this area anyway. j
Parks and recreational services will be provided. The
a residence of this area may use our parks and recreational
` services. The question is, I think that residence that livs ,
3 outside the city limits, may enjoy those services today
without being annexed. This is similar to the library
services. It doesn't cost a resident in the county any more
to use the library than it would cost the resident who is
paying taxes.
E In our service plans we pointed out that residence in the
;r annexed area may use all publicly owned facilities, build-
ings and services after they are annexed. Well, of course k`r
I think in general people may use those services currently.
Also, the Capital Improvement Program, where major improve-
ment projects are being considered for neighborhoods, we
will extend it to this neighborhood.
Finally, I need to mention that we have an aggressive
neighborhood services delivery program. If a neighborhood
in the city limits has a problem, regardless of what `.he
problem is and they call the city, we would have an into-
/OP
J
<uRM
A
Minutes
PZ commission
1 1994 Cy H~F
October er 12 12,
Page 5
grated team o rious departments
staff people from the va
f that visit with them backThey thoseUresourcesito city halbjlem on the
spot and bring i j
that will bo extended to the
j Those are some of the services !
E annexed area on the effective data of annexation. There are
some additional services I need to mention and they are
pointed out in the service plan.
1 solid waste colJaction will be extended to the area within
60 dale of annexation. solid waste Collection er includes ea tlwg i
pickups per week anisolikear ix bags pi( yard water at no
` yard waste piCkup t
additional charge.
fi
Traffic signals, e1gnage, and traffic control devices.
These will be installed based on need. After annexations,
'f citizens may request that the city do a atudy. If there is
a need and it 1.s warranted, based on availability of funds,
k those devices will be installed.
Also, in the service plan, we point out the fact that recon-
struction, resurfacing of streets, storm drainage facili- ? 1!
ties, curb cuts and water, and other major improvements will s
be accomplished under established policies. Established
policies means the CIP process. 4
~ The service plans also talks about water and wastewater
services. As you are aware, the policies of the city„
requires that the land owner/developer takes in water/ €
wastewater services for their developments. The city may
participate in oversizing of thowa water and sewer mains
subject to availability of funds.
I would like also to go over some of the major concerns `
raised by the residence in the area. There are number of
concArns. I as going to go over some of the major ones that
I have picked out.
Residence are concerned about barbed wire in the area now
and what will happen to their barbed wire fences after
annexation. The current ordinance provides that existing
barbed wire fences will be annexed and remain in the
fence may
New barbed w1re into the that
when it is brought city.
not be constructed staff idid efindy limits. there wasreviewing som
slationtion, ,
legislation,
misleading about it. We de allow farm avid ranch within the
19.
Minutes
Pit Commission
October 12, 1994
Page E
6d
agriculture dlztrict in the city limits. Staff is proposing
to amend those regulations to allow the construction of new
barbed wire fences in an agriculture district since we do
allow farm and ranch operations in that district.
Mr. Cochran: Would this be a new ordinance?
1
Mr. Persaud: we are proposing an amendment to the existing I
ordinance.
Residence are also concerned about breeding animals in the
city limits. The current ordinances provide that breeding
animals will not be allowed within the city limits. We felt G
like we probably need to do an amendment to the ordinance
with regard to breeding animals to allow them in the ag
district. We spoke to the Animal Control staff and I
understand that no citations were issued for the last seven
years with regards to breeding animals, so we felt like we
need to propose an amendment to allow breeding animals
within the agricultural district.
Mr. Cochran: Mow, would that be within any agriculturai}y
zoned district existing in the city area?
Mr. Persaud: Correct. Also, the residents are concerned
about agricultural exemptions which they currently enjoy on
their property. On my discussion with the Central Appraisal
District, the people who do the agricultural exemption, have
been informed that annexation will not change that position.
Agricultural is granted based on the use, whether its
pasture, native pasture, or crop land, and annexation to say
will not change the agricultural extension. As a matter of
fact, we are proposing to zone the area temporarily agricul-
ture. And as you are aware, agricultural exemption does
attract very low taxation. I think native pasture is like
49 cents per acre to crop land to $1612 per acre for taxes,
and that will not be affected as they currently exist.
Requirements to bui1C curb and gutter. The residents scam
to have the pL.ception that being annexed into the city
they'll have to build curb and gutter. V d like to point
out that annexation will not trigger this requirement. The
subdivision and land development regulations of the City do
currently apply to the ETJ. So if they are to do develop-
ments in the ETJ now, some of those developments may trigger
curb and gutter requirements, as would happen when they are
annexed into the city. I must point out a7 so that lots one
acre and larger in an agricultural district may not require
a
minutes
Pit Commission ::,i
October 12, 1994
Page 7 A-1
2 60
Curb and gutter in the development. Now residents also
asked the question whether the City will extend water and
wastewater lines to the annexed property, and the policy is
incorporated in the service plan that I mentioned before,
required that the land owner or developer provide those
water/wastewater lines. We don't have a time frame for the
provision of those lines because the City doesn't have the
responsibility for providing wraCer/wastewater lines.
Questions have been asked with regards to the definition of
ultimate development. In the service plan you will notice
that mention has been made that upon ultimate development,
the City will provide a uniform level of service. Ultimate
development in the service plan refers to development as
proposed in the Denton Development Plan. Based on the DDP,
that area has been designated a low-intensity area, primari-
ly for residential use. Ultimate development then would
mean residential development to a density of about 181 lot
per acre would be ultimate development. of course, you
know the fact it's a low-intensity area, the Planning
Commission and the staff may work with landowners to see
whether low-intensity or other development may be better
served into the area after annexation, because at that time
we would extend our planning and development services to the
area. Questions were asked by residents, "What is a
comparable area to the one they have now," because based on
the Local Government Code, the City is not required to
provide a uniform level of services to all areas within the
city. Service level may vary depending on considerations
for topography, land use, and po ulation density. Some
comparable areas that wo can point out would be areas
located around Carpenter Road near to the Ryan High School.
r. Those areas were annexed into the city and they don't have
water and sewer hook-ups. Also Mayhill Road and Spencer
Road, the northwest corner. There are homes in that area
in the city limits a long time, do not currently have water
and wastewater services. Existing development along
Roselawn do not have water and wastewater services. Areas
on Bonnie brae north of Windsor, been in the city limits
a long time, do not have water or wastewater services. Also
developments on Loop 288 south of Spencer Road, do not have
water and wastewater services. Annexation doesn't really
commit the city towards provision of water and wastewater
services to the site. The staff will be pleased to respond
to your questions.
Mr. Cochrane I've got a few. one is, what exactly would
be grandfathered in and what would not he grandfathered in
021. ~
4~a.,/A
Was,
010
-
P&21Commission 'DD 126
October 12, 1994
P, :air
Page 8 C.,:. io
s far as fences, as far as other things. I'm kind of
a
{ unclear, I realize that we're going to try to make some
exceptions on some things, but what would be an example of
something that would not be grandfathered in.
Mr. Persauds All physical developaent that exists and going
on to date will be brought into the city limits and grandfa-
thered. There is one exception and that is existing
swimming pools, which will require an enclosure.
Mr. Cochran: And how many of those are there?
C
Mr. Persauds We visited two swimming pools existing, there
could be more. I'm probably sure there are more evissoing
pools in the area, but now the swimming pool enolosure, like
I understand it to be, if there's a safety issue involved
there, it's a question of life, protecting lives, kids
access tog kids. suliminq are a which e existing
to allow g pools
six months from the date of annexation to comply with those
j regulations. Other than that, I think all existing develop-
ments as is, will be annexed and brought into the city
limits.
j
Kr. Cochrans Okay. But that's the main thing though.
Mr. Peraaudi Yes.
Mr. Cochran: That's the main thing. Another question, if
I could move on. You were naming a list of services that
we would be providing almost as if we were inviting them to
join an exclusive country club. The question is, "How many
! of these did they actually want?" Any of those in particu-
lar,, I guess I could ask them, but from your perception, any
of these they were particularly interested in. I noticed
that you talked about you were going to help them with
neighborhood problems, and it occurred to me that one
neighborhood problem they're having right now is annexation,
K and so...
Mr. Persauds I've already had two meetings with them
f already, so we are working with them.
Mr. Cochran: But, is there anything from your perception
that they've actually, would be of benefit to them.
Mr. Persauds Well, my indication, speaking to residents,
02 0~ I
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MAI
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i
~ Minutes
Piz commission
4 October 12, 1991 2 „rJ t~
Page 9 D
they're pretty happy the way they are right now and did not
indicate any desire to utilise any of these services that
the City offer.
Hr. Cochrant Another question I have, is that you showed
a chart up here of the various annexations that have gone
in the past. In that 1986-1990 period of the 40000 dr so
y, acres annexed into the city were those all voluntary
{ annexations, or were any of them sort of adverse.
rG
Mrs Persauds Mr. Cochran I don't know, and didn't do this.
list based on...
Kr. Cochrant Y should have asked you beforehand and given
` you soles time to prepare for that. I apologize for that.
" Mr. Persauds They're both, voluntary and involuntary, yes4'
Mr. Cochran: Okay. That's it for right now. Thanks a lot.
Has Russelit Are there any other questions.
f Mr. tiortont Yes, I'm interested in how the City got in this
position. How did we surround this place without annexing,
and why wasn't it annexed with the rest of it.
Mr. Persauds In 1986, Ailler of Texas applied with tto City
to annex a large trao'c of land vast of Egan Road, most of
it vast of Egan Road, and after that annexation, this donut
4 hole was created.
Mr. Nortont too that was a voluntary request correct? ;
Mr. Persauds Yes.
Ms. Russells Mr. Pereaud,,could you indicate the '86 piece
of land we're talking about that was annexed by Miller at
+ r that time.
Mr. Persauds Sure.
€
Ms. Russells Is it that little, okay, thank you. Are there
any other questions of Mr. Persaud? Thank you very much.
I really don't expect anyone also to speak in favor, but I
would like to give you the opportunity if there is sonoone
also that would like to speak in favor of the petition.
Anyos►e else to speak in favor. Anyone that would like to
l
nN I
' a~as
Minutes
PAZ Commission
October 12, 1994
Page 10 ss~!
speak in apposition to the petition- Would you please state
your name and address.
Ms. Mitchell: My name is Nedra Mitchell, I live at Route I
it Box 411, Denton, and that's on Egan Road. First, Y d
like to thank you, I had spoken to Chairman Russell in
E advance, and told her that we've kind of tried to work a
presentation, as it were. We're going to try to stay within
the five ninutes per person, and we hope that you understand
none of us are accomplished public speakers. And for that
reason, we're going to have to road, so that we'll be sure
that ve don't repeat ourselves, and I hope that if we do run
over, we have some people who would have the right to speak,
I guess, but who will relinquish their time to us if we gat
to talkative. I'm the spokesman for our little group,
because I0a the loudest mouth of all. We've talked to most
`f of the other people who are affected by the annexation, and
3.. I feel confident in saying that we're 100 percent opposed.
Now I'd like to present you with petitions. We told our
f mends, you won't have to come, but sign our, petitions so
that they'll know that we've got over 400 residents tax
payingy residents of the City of Denton to join us In our
opposition. so just pretend they're all out there in the
hallway. If you'd like, I will read you what the petition
says, the whereases and why upons of it, or do you want to
read it for yourself.
Ms. Russells What's your pleasure?
Mr. Norton= It would probably be better to have the
petition read.
Ms. Russells Okay, if you'll just read the petition, tt.at
way it'll be on the record also.
Ms. Mitchell: Okay. To the City Planning and Zoning
Commission and the Denton City Council, whereas the resi-
dents of the proposed annexation of the land west of Masch
Branch Road will not be able to receive the full services
given to other citizens of the City of Denton, and that the
land has no use other than agricultural, and that there are
no plans for development in the foreseeable future, and that
the existing land inside the city which adjoins these tracts
was annexed voluntarily by developers who have all gone
bankrupt and the land repossessed, and becausa of the
oMaster Zones thin this erefore area. we the
restrictions September13 by the Airport on
I
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Minutes
Piz Commission i.dwl~
Octob
er 12, 1994 page 11 undersi ned protest the annexation of this property. Ohl
and we just got some more. There's going to be well over
400. We've tried to put this in a little more succinct form
for you. I know that when an ordinance or an annexation or
any plan's presentEd that you've got to weigh the good of
the city against the freedom of the private property owners,
and that's tough. We believe that you'll be serving the
beat interest of the City, the oitizens, the budget, the
Airport, and every entity by not recommending it. Basically
our opposition is based on these three major points. I
t think I have some copies of that. it might be easier than
trying to read that transparency. Maybe you can just kind
of follow along with us as we go. Our first point iw that k
the donut hole purpose is really not valid. To elaborate,
as Mr. Persaud told you, this annexation is being based
solely on the fact that Mr. Bass and his company, !tiller of
Texas, voluntarily asked to bo annexed, because he was going
to make a bunch of money, have a big deal development out
there. Didn't work out, the corporation took bankruptcy,
and the land is sitting there just like is was 100 years
ago. No change. That voluntary annexation caused the
donut. That's the only purpose we've really heard for why
this is really important to the City. Under that I put that
the area's rural. There are 10 homes on 1,300 acres. Nov
'J (I ¢d understand it's not 263 acres because a lot of that 1,300
acres is land that a lot of us had that's already in the
city. We're on 180 acres, but 150 of it's already in the
,acity. We're already paying City taxes on that. You can't
look at the donut hole without looking at the whole donut.
I really like that, and that's true, that's what we're
~r saying, the relationship between the 263 acres and the 1,300
acres. Now the main thing, I'm sure that Mr. PersauAls
looking at is the controls, i mean, that's the only
s' possible reason I can think of, but the txvth of the matter
is, you already have the control. The City of Denton has
total control over the zoning and the usage, it's inside
Denton's ETJ, some of it's inside the Airport zoning, which
is, has all kinds of controls over it. That was passed last
month, and Mr. Persaud told us that in no way would delaying
.1~ the annexation effect the Airport zoning controls. And,
since indeed the land is surrounded by the city limits, then
the City does have the right to dictate what we do it,
because we can't go anywhere. We're hemmed in. So we say
the necessary controls are in place, so what is the reason.
The are is destined to be commercial/ industrial. We're
Laying that actually, this area, as we understood it, was
not to be residential, but was in the long-range planning,
a s-,
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P&Z Commission
October 12, 1994
Page 12 7%6 d
was to be an industrial/commercial area. Because of that,
of course, industrial development is more costly. You've
got to have bigger water lines, you gotta have bigger sever
lines, you gotta have stronger roads, you've got to have
better access to those roads. You've got to have, they use
more electricity and gas, they're needs are larger than
residential would be and really the Airport and the Loop 268
development is going to dictate when this property is
developed, because that is all aimed at industrial develop-
Mont. The Airport Zoning has said, hey we don't any
residential development in there. We want to keep these
houses from that Airport. We think that's a good idea, so
let's call it industrial area, 'cause that's what it is.
Now third point we have up there is, what's going to happen
in the meantime. In the meantime, for the next 15-20 years,
who knows how long before it's all gonna happen, most of us
are engaged in agricultural operations. These codes and
r ! ordinances that are on the books, and we've only found a few
of thou,, and Mr. Persaud has mentioned our concerns on a few
r of them, but I don't know how many there really are hidden
in the archives. These few homes that are out there, may
be deprived of being able to fully utilize their land. so,
s t I've gone over that, surprisingly enough r am also first
speaker. That's the introduction. Alright, now, as first
speaker, I want to talk to you about my family history. I
know you're going to be thrilled with that one. We lived
} inside the City of Denton from 1967 to 1980. Two of our
j children graduated from Denton High. We loved living in the
city. Wn enjoyed the convenience and the comfort of the
city. But its 1980 we moved to the country. We bought us
a house, two barns, a squeeze pen, a well, a septic tank,
two tractors, and some cattle. My husband was gonna retire
and become a farmer/rancher and of course our lifestyle is
j totally now than when it was, when we lived inside the city.
We pay extra when we buy anything that has to be delivered.
I have to pay more for service from many companies, 'cause
it costs them extra time and mileage to go way out there.
We bought a satellite dish and all that costly equipment
because we couldn't get the city cable. our dog was killed
by a pack of coyotes. Coyotes? Anyway, they're all over
the place. Our barns are full of cats, but are necessary
becausa, control the large population of rats and those rats
are there 'caure there's wheat fields all arounl us and they
love it. We have skunks, we have opossum, we have deer, we
have snakes, we have armadillos, we have wolves, and all
other kinds of wildlife and they're roaming in our yard.
That's what you ask for when you get out there in the
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Minutes
PiZ Commission
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October 12, 1994 [ LJ-1m
Page 17 Z~ ray
country, and that's what you get. Now in 1986 when we got
this notice about the Bass Annexation, we were really
amazed, 'cause it didn't make sense to us that somebody with
property that far from the city would want to be in the
city. why would they want to be annexed. We visited with
the staff at that time and we were told that the voluntary
annexation would not affect until ultimate development. Now
if ya'll look at that master that Service Plan they gave
us, ultimate development is In there a lot, and they were
using that terminology back then too. Mr. David Ellison,
I think was his name, was the former Senior Planner at that
time, and he told us all. about the big plans were going to
happen. They were going to have a beautiful residential
planned development with a country club atmosphere and it
was going to be wonderful, and we were going to have all the
big water and sewer and everything we wanted. We said well,
now how's that gonna affect us, I mean, are you gonna take
us into the city. Hope, nope, don't worry its not gonna
happen. It won't affect you at all until all that develop-
;r, t meat is done. And of course, at that time, you would be
annexed into the city. Well that seemed fair. We, you know
we like lookiml at that open land, but hey, if somebody's
gonna come do all this wonderful stuff next door to us then
we could either live in the city and enjoy having neighbors
close by, or we could sell, make a bundle or money, and go
move further out, whatever we wanted to do. But, of course,
that didn't happen. We didn't, in the meantime we didn't
have to worry because tt wasn't gonna affect us until the
develop&4int took place, or that's what we were told.
notice from the
Needless to may last month when we got the
City, we thought it was a mistake, because the most amazing
part of this proposal is the reason. We need to be annexed
because we're surrounded by land that's already in the city.
so we're kinds in a catch-22 bare, our compensation for
{ taxes paid will all be negative.. our homes will be devalued
by the annexation. Country homes outside the city limits
are much more desirable and valuable to perspective buyers,
because they perceive greater freedom and they'll pay a
higher price for that freedon. We've had calls from friends
in the real estate business, who, when the RTC took back
that 800 and soma odd acres that Bass let go, had some
excited buyers about it, but vhen they found out that there
were some back City taxes owed on it they were incredulous,
the "Cit axes, that ain't in the city. I said,
"Yeah said~ Y t
it's in the city." Had to tell the whole history how
it got in city and everything, and I have heard many of than
say, their buyers lost interest when they heard it was
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Minutes 290864
Pit Commission I~ p N 1~d~f~ F
' October 120 1994 I~IJh
Page 14
Inside the city. So we feel that by annexation, it will in
fact, devalue not only our home, but our acreage, until that
development that's gonna happen takes place. In the
meantive, we're thinking 15 years, 20 years, whatever,
' i that's on awful long time for us to suffer devaluation, and
if the increase in value occurs, great. Course, that time,
when the industrial part comes in, then our homes'll be
devalued, but our land'll be worth more, so it should even
f,•`.` out, or hopefully go the other way. I want to mention just
a few benefits of city life that weren't mentioned in the
service plan. Do ya'll have a copy of that Service Plan or
Mr. Persaud do you have a transparency on that? Okay, well
then here's some benefits you missed. Our children cannot
go to Denton schools. Its in the Krum School District. Six
` of the homes in this area are in the Krum School District.
k I'va talked to the Denton Independent School District. They
~v hava said it'll make no difference whatsoever whether we're
ptt in the city or outside the city, we're Krumites as far as
' R school as concerned, That doesn't seem right. We pay extra
for Denton telephone service. Our telephone service is
bassi on how many miles we are from the nearest transmitter.
«k~ I talked to GTB, they said they don't care whether inside
the city or outside the city, we're still gonna pay extra,
'cause that tranamitter's there and they're not gonna move
Y: it until a lot more people come out there. We're not gonna
save any money on our homeowner's insurance because we're
~,+t inside the city and have City fire protection, 'cause they
don't care about that either. They say it all depends on
how close you ^re to the closest fire hydrant and we're over
two and a halt miles to the closest fire hydrant, so that
r y, l• doesn't cut any ice with the insurance companies. Sammons
,k Communications says we still won't be able to get Denton
cable. They said there aren't enough people out there, it
just doesn't pay them to run a line way out there to give
I cable to 10 houses. So we're still gonna have to keep up
with the satellite dish. Lone star Gas say, nope, we're not
t gonna run any gas lines out there because you're supposedly
in the city, 'cause your just don't you have enough activity
a,t out there to pay us to run gas lines. And so it just goes
on and on and on, I'm gonna close believe or not. And I
►rd. want to close with an opinion by Mr. Lloyd Harrell. Hato
Denton City Manger. Mr. Harrell was interviewed by a
reporter on the subject of annexation relating to the Ryan
Road annexation, which will follow us tonight, and his
remarks yore printed in the Denton Record-Chronicle last
night. The Ryan Road neighbors were upset by drainage
problems caused because new construction was putting more
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Minutes `
Pit Commission
October 12, 1995
Page 15
fat O
water down on them, and they were upset because the problems
and the crime problems had increased in their area as the
city was getting closer and closer to then. So, Mr. Harrell
indicated that they needed annexation expressly for those
reasons because annexation would allow the City to help them
with all those urban problems. In fact, to quote Mr.
Harrell's answer, which I think pertains to us, he says, "If
this was some rural area out in the middle of no place, they
would not be experiencing the problems associated with urban
development." Ladies and gentlemen, we are that rural area.
I we're out in the middle of no place. We are not experienc-
ing urban problems. Mr. Harrell obviously realizes that we
do not need to be annexed until that happens, and I sure
i hope you agree with him. Thank you.
k Ms. Russells Excuse me, doer, anyone have any questions
they'd like to ask Ms. Mitchell.
Mr. Cochran: I've just got one question for you Ms.
Mitchell, and that is, in that 1986 annexation of the Miller
of Texas property, was there any opposition at all to that
time?
No. Mitchell: No, no we did not oppose because we felt that
it did not affect us. Oh, Jerry knows of some opposition.
Y'.A Gerald Mitchell: I'm Gerald Mitchell, ■y wife Nedra. We
did not formally oppose it before Planning and Zoning or
City Council. We did go to Mr. Ellison and express our
~I"s'' ! concern about it, because we felt, just like this, why
didn't they, I think Mr. Norton brought it up. Why didn't
they take the whole area. And we felt very queasy about it
and felt like, well, we're totally surrounded here and we
better say something. And that's the only opposition vs
f did. We wars promised at that time, don't worry about it,
when Miller of Texas puts this fine development behind you, i
"i at the time it's completed we'll take you in.
Mr. Cochran: So your limited opposition was at least
stopped at that point when you were...
Mr. Mitchell: Well, when we were assured that we weren't
r" ! taken into the city until the land behind us was developed
to the west of us.
+ Ms. Russells Let me say for the record, I have a list no
° people that has been supplied to the commission and that is
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Minutes;:
Pit Commission
October 12, 1994
Page 16 3! n
the reason Ms. Mitchell had pore than her five minutes, but
henceforth we will go with the five minutes each. Does
anyone else have any questions? I have an observation and
I guess I don't totally understand how the property would
be devalued coming, because it was annexed, because I see
some definite advantages to being a part of the city. Some
of the, there are some properties in the city of Denton with
some acreage, and that is seen as an advantage, so V a not
sure that 1 can agree with that statement.
i
Me. Mitchells Wells I hope that maybe when you hear in a
s little more detail, some of my neighbors are, I ab gonna let
somebody oleo talk, and I would like to introduce you to my
neighbors. Let me mention to you that, too, you know, when
you live in the city, you say your so many feet from your
neighbors, or your so many blocks from your neighWre. out
in my neighborhood we're so many miles from our neighbors.
And I think your questions will be answered by some of my
neighbors. I'd like to introduce you to my neighbor Jim
Wetzel. Jim's house is only about a half a mile from ours,
so he's a pretty close neighbor. He's gonna talk to, you
about police protection as promised by the master plan.
Me. Russells So that we can get it on the record, please
give your name and address.
James Wetzel: I'm James wetzal, Route 1, Box 414, Denton,
Texas. Admittedly some of my points have already been
' acknowledged here this evening by the first speakers, but
i I've thought about this all day. In fact for several weeks
and I'd like to refer to your service plan. A. Police
services. it states, "Routine service will be provided
using existing peraonnel and equipment." Now we go to your
answer sheet number 15. No service will be taken away from
existing areas. I have a little problem understanding how
you have Denton over here and we are from three to six miles
from the olosest, anything that looks like a city, and
you're going to provide us with the same services without
taking anything from over here or getting any new officers
or equipment. but we have this routine service now from the
Sheriff's Department. They serve the County. They're
already geared for rural areas. Also referring to the
Service Plan, upon ultimate development. Again, we have to
refer to that. The same level s^rvice will be provided as
to comparable areas. This is on ultimate development. Not
to your definition of ultimate development, answer number
27, it says this area to be developed primarily for residen-
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Minutes
PiZ Commission
October 12, 1994 ;
Page 17 3~ db6C~
tial uses. I believe I can safely say no landowner ever
plans to develop for residential uses, and no developer
could ever develop the area because of the floe:plain and
we will
ns. Therefor airport developwant
I!
airport r estrictio ,
not see. This is farm and ranch land. Now I'd like to
refer to answer for questions number 21. What are benefits
to the resideents, and this is one that Nedra mentioned
previously. And it refers to the program which city staff
work with residents to resolve problems at neighborhood
level. We are a congenial group and can solve all problems
aquitably. About, only problem we have is these proposed
1 ordinances and restrictions. There are no benefits to the
residents, just problems. Thank you very much.
Ms. Russell3 Are there any questions?
Ms. Cochrane Rind of a general question, 'cause I've been
{ under the impression for years that area out there was
f slated for industrial development myself , and perhaps maybe
! this would be, Marry could answer this or at least, because
you brought up a point, I guess it was alluded to earlier
too, about that contradiction here, and I, at least at some
point before we are called upon to vote, I would like to
" have at least some explanation of that, and if you want
indeed to do it now or wait until all the folks have spoken.
Mr. Persaudi Yeah, Mr. Cochran, the airport area in general
has been designated Special Purpose Activity Center for
light industrial end non-residential type uses, but as you
j got north of Jim Christal Road and the vicinity of Egan
Road, We a low intensity area. Nov, you will realized
i also, that the currant DDP was adopted before we did the
airport expansion plans, so it is very eminent at this point;
k in time, that we start to plan that area based on our new
airport plans, and annexing that area into the city limits,
we will then be able to work with the landowners to sea and
get their inputs into the planning process with regard to
future development of that area. We an opportune time for
the City to work with the existing landowner to develop
future plans based on the Airport Development Plans, which ?
have just been adopted. And, as you know, for a long time,
that generally around the airport is special purpose light
industrial, economic based development. The staff strongly
feels that this area has a lot of potentials in light of our
amendment to the DDP, the new Airport plans, and it's an
opportune time to extend our planning and development
services to those landowners so they can play a meaningful
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Minutes
PiZ Cormission
October 12, 1994
Page ie
role in the development of those plans. We have talked, for
uxapple, to the Killer of Texas previously, about possible
roving some major, some moderate activity center from
current
from the locations. And we can ioZthat
go to with CityeCounail
landowners and coming to
and that kind of stuff. And that we gonna, you know we're
gonna start the Airport development, the south runway, the
1,000 feet to the south, or next year. This is an opportune
time to review the transportation networks in the that area,
the landuse and future master plan.
Mr. Cochran: Well, the reason I asked is just because we
spent a lot of time discussing the Airport and one of the
reasons why we were trying to create this Airport Zone was
to discourage residential development.
Mr. Persaud: Absolutely, in...
Mr. Cochran: And I see here in answer to the question that
is an area, and that's not fully half the area we're talking
j about, but a good sizable amount of it. {
Mr. Persaud: Yes, part of that area north of, if I can
point it out to you, which is in Zone 1 in which residential
development is prohibited. This area is included in zone
five right here. All this part is in the area recommended
for development. But like I pointed out to you, it's
opportune time to include the landowners in the future
S✓'? ` master-planning of that area based on the new Airport
Development Plan.
Mr. Cochran: Thank you.
z Me. 8chertz: Harry, can I ask you a question please? I'm
sorry. While this is off, could you tell me is all the
other area in the blue annexed to the city other than this
portion of the orange.
Mr. Persaud: I can point out the city limits line for you
on the map. The existing city limits line. So your
question then, this area in blue is not in the city limits,
and this area in blue is not in the city limits.
Ms. 8chertz: Thank you.
Ms. Russells Anyone also to speak in opposition to the
petition?
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Piz Commission
October 12, 1994
Page 19 C. '2 y
~60
Ms. Mitchellt Yea, I'd like to introduce my, another
neighbor, Brian Walding, Brian's home is only about a third
of a mile down the road from me. Brian Will be discussing
fire protection and roads.
Brian Waldingt Good evening. My name is Brian Walding.
I live at Route 1, POX 412W, which is also on Egan Road.
I just want to touch on a few subjects tonight .
one is of course, The brat
fire protection
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as
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d
in We
group t a
his as a
area do not feel that we can b
good o be rot
or be ide
9 tt p d ~
er definitely as
not
better,
w fire protection we are already getting from Krum and Ponder. The City
told us in answer to our questions last Tuesday night, that
I quote, "They have tank vehicles with up to 3,500 gallon
capacity to provide these services." When in reality they
have one tank truck with 3,500 gallon capacity that cannot
actually disperse water onto the fire itself. It must
transfer water to the other trucks such as the Hummer that
they have that has a 200 gallon tank on it to be able to go
off•road to take care of grass fires and that sort of thing,
which is probably the most common fire we would havu in that
y. area. My point is, the 200 gallon Hummer is going to spend
more time going back and forth to get water than it ie
actually putting water on the fire to put it out. Whereas
the Ponder Fire Department has six tank trucks, with four
of them have the ability to
carrying ca go off-road.. Their total
immediate) city is 5,700 gallons of water that can
2, rr y be dispersed on the fire. Denton has one
vehicle to shuttle water off road to fires with a 200 gallon
x capacity there Ponder has four trucks to constantly keep
water on the fire with approximately 10600 gallons of water
between them. The second thing r would like to discuss is,
I find it interesting that as long I've lived out th
ere, f
which has been close to eight
years now, that I've ever
seen a City mower, or a City road maintenance truck innthat
area. Shortly after the first City meeting we had, Jim
Christal Road was mowed on both sides from 1-35 all the way
t out to FM 156. September 30 and October 3, which is a week
• ago Friday and a week ago Monday. One day before our second
meeting, the City turned our potholes into bumps. Instead
of potholes they're now bumps. It seems to me that if we
' are annexed and have to pay City taxes that in most cases
will be touch higher than the people in the City
e of the land we own. Our roads should be kept p toethecsame
standards as all other roads in the City of Denton. We have
already been told by the City staff, that the City does not
build or improve roads in the area that has been annexed.
P
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Minutes Pad f13N0
PiZ Commission l,~~;;L;i;~F~ yt►1~"
October 12, 1994
Page 20 !
s~ 46
That mast be done by the developer or the owners. so, we
look at our road now, and that seems like the bast it's
gonna ever be. I asked you people to come out and drive
down Egan Road, and see what welve got to look forward to E
In the future. This is a perfect example of the left-over
"a services that we feel we will receive compared to the people
that are really in the city if we are annexed. Thank you.
Mr. Cochran: Mr Walden, I've got a couple of questions for
you about this fire protection business. You know the area
obviously better than E do. How tar are you from Krum and
from Ponder respectively in that area and do you know what
the response time is on fires there?
Mr. Walden: I wasn't able to talk to the Krum, but I talked
to the Ponder Fire Chief yesterday, and he said response to
our area is approximately five to six minutes
Mr. Cochrant Okay, and is Ponder closer or farther away
than Krum.
Mr. Walden: Closer. ;
r..
Mr. Cochran: It's closer, And do you have any kind of
estimate as what the response time would be from the, nearest
- j; City of Denton fire station. That is on McCormick Street,
( if its not mistaken?
' Mr. Walden: That's what we were told on our, questionnaire.
i
A Mr. Cochran: And you wouldn't, well I'll ask staff, maybe
they know exactly...
411 "1 , 1 Mr. Walden: I know I know how it is from the McCormick
V ~ station to our house, it's 5.8 miles from the McCormick
station to my house.
t~ . Kr. Cochran: okay, and how far Is it from your house to say
Krum?
Mr. Walden: Prebably, I don't know, but I would estimate
five miles.
Mr. Cochran: Okay. Alright. And Ponder?
Kr. Waldens Ponder is probably about the same.
2 low-
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Pit Commission
October 12, 1994 L,`~!'uN0 qY - S
Page 21
Mr. Cochran: Thanks. Y6 °d
Mr. Walden: Thank you.
Ms. Mitchell: Now I'd like you to meet my neighbor, Edith
Lindley. Edith lives about a mile away from us. She's east
ti of us on 380.
Edith Lindley. I'm Edith Lindley and I have property on
380. It's Route It 380, and first I want to say requla-
tions, regulations, regulations, that's all we've heard.
We don't hear any promises of anything good. Why are you
decreasing the value of our property by placing all of these
regulations on the west side of the city when nothing is
happening. First we are zoned for the industrial and
c
Airport. ommerce. Second you zoned for the expansion of the
there at they top of he Is in donut hole. We of a need a permit
to build or repair existing buildings in accordance of the
easement approved by the City. Easement Includes
unobstructed right-of-ways for aircraft operating, landing,
f, or taking off such as noise, vibrations, fumes, dust, fuel
p particles and all other effects, anything. Also, we cannot
plant anything on our property without going to the City for
the, to be approved. And now you're placing more restric-
tion on us. Why not wait until there is a need for annex
ation of this area. Please keep that in mind.
Ms. Mitchell: Now I'd like to introduce Freda Wetzal.
Freda's Jim's wife and lives at the same place. She's gonna
talk about the solid waste services.
Freda Votzal: Thank you. Freda Wetzal, Route 11 Box 414,
and we ve lived at this property for 21 years, which some
of this property is in the city, the front part, and I don't
understand that we're not getting anything that we don't
havo at this time, For example, the City sprays for the
c mosquitoes in the susmertime and the property that is in the
city has not been touched by the sprayer. After reading the
City, of the Services Plan, and I understand why, because
f the Service Plan says that we have to wait for "ultimate
development". Wa have been told that we would be getting
garbage collection, but with all the animals roaming wild
around, there's no way that a plastic bag would remain
intact long enough for the waste collectors to pick this up.
The animal control person was asked the question of how will
we control all the roaming animals that are inside of the
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Page 22 Aij: , -Iin S 3
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E city. The answer was that we should call the City, the
Animal Control office, they would let us have a trap, we
would trap the animal and then call them and they will pick
it up. That's the way we do it. I just think the whole ;
thing for us to ba in the city is ridiculous. Thank you. i
Mr. Cochran: Me. Wetzal, I have a question for you. Bow's
your garbage picked up uow?
Edith Wetzalt It's not picked up.
Mr. Cochran: What do you di with it?
f Edith Wetzal: We have a garbage collector to pick it up.
A private party.
Mr. Cochran: A private party. Do you all have the setae
one?
Edith Wetzal: No, there's several different ones.
Me. Schortzo How does he pick it up? ~
Edith Wetzel: At the house.
Ms. Scherttos I mean what do you put it in.
t` Edith Wetralt We put It in the, we don't it down at the I ,
road, tie put it, he comes picks it up in the house in a
garbage can.
1
Mr. Cochrant Mind If I ask who that in?
Edith Wetzalt Pardon me.
Mr. Cochran: What service do you use?
Edith Wetzal: It's, I don't know, do, you know the name of
it Jim? Some private collector I don't know. }
'.i Mr. Cochrant okay, just curious. Thanks. 1
Y,s. Mitchellt Next on the list of speakers is Jerry
Mitchell. I'll have to admit he's very close to as for has
been for 41 years. Jerry gonna talk on the developmental
potential.
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October 12l 1994
Page 23
Jerry Kitchell: Madame Chairperson, members of the Commis-
sion, I'm Gerald Mitchell, I live upon Egan Road, and my
wife has told you that we own approximately 182 acres, 47
of my 182 acres are part of the annexation. The other 135
acres that I own are already in the city. All of my land
except for my homesite is actively being used for agricul-
tural purposes. I'm extremely concerned about the code
restrictions that may be in place on those agricultural
operations if I come into the city, but I believe that Dr.
Nobles is going to talk to you in a few minutes about some
of those concerns that we all have. But the one thing that
the City can do to relieve this frustrated feeling of being
cheated by receiving nothing for my increase in taxes is to
bring water and sever to my home. I've been advised by City
staff that the City never extends watei service to any
property. That must be done by the owner or the developer.
Harry has already told us that. The closest water and sewer
lines are not at the west side or Ranch Estates. Ladies and
gentlemen, that is more than two and a half miles from the
I last house on Egan Road. Using Mr. Jerry Cosgrove Ia figures
for the average cost of two of the City's latest water and
sewer extensions, it will cost more than $2,0000000 to bring
water and sewer to the four residences on Egan Road. 1
is just way beyond our means. In fact it would take a very
' large developer and a large project to absorb that kind of
cost, so we are stuck with waiting on ultimate development.
Mr. Persaud says that the area has been designated for
residential uses. I had understood, as some of you had,
that the long range plans for that area and the Airport
' master Plan called for industrial uses, if we can rely on
a' t the projections of the Airport master Plan, ultimate
development will take place in the year 2015. However,
because of the topography and watershed problems in the
entire area west of the airport, it is going to be a costly
development. For example, the small creek shown here coming
out of the southeast corner of Krum is called Dry Fork or
Dry Creek, but believe me ladies and gentlemen when we have
the torrential rains in the spring, it is anything but a dry
creek. Since I've lived out there live seen water coming
h. down that creek, come down that creek and go over Highway
+ Ps~r 380 at this point and wash a cattle truck full of cattle off
of the highway. That creek will be a problem for develop-
ers, but it is not the major deterrent for development in
a>. that area. This creek, Hickory Creek, is the major dater-
rent. It will cost millions, if not billions to tame.
Personally I believe that only the Federal Government would
have enough money to tame Hickory Creek. Since I've lived
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PiZ Commission
October 12, 1994
Page 24
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there live watched that creek from two feet wide and six
inches deep to 3,000 feet wide and 30 feet deep and do it
in a matter of 36 to 48 hours. Polka that's not a creek,
it's a river, and a wild one. I've seen water flowing
across 360 at this point and live seen the bridge on Jim
Christal Road washed out. When the area is ultimately
developed, it will either resemble the Trinity River as it
flows through Dallas, or maybe if we're lucky it will
resemble the Texas Colorado River as it goes through Austin.
What I'm trying to point to you is that the entire area west
of Masch Branch Road, all the way over to Highway 156, which
encompasses this annexation, is going to be super expensive
to develop and painfully so in doing so. I truly believe
that ultimate development can only come from the pressure
of development around the Airport and as with any develop-
ment land, it must be perceived as a bargain when compared
to some other tracts. I'm afraid this land will be per-
ceived as costly at any price. I would like to all of you,
and I'd like to invite the City Planners to come visit with
us. Let someone who lives out there show you truly what the
area is like and what the developers will be facing when
they start developing it. The Denton Record-Chronicle
article stated that the City estimates that they are going
to collect approximately $11,000 a year in additional taxes.
I doubt that would even pay for usual road maintenance and
right-of-way mowing. From a personal point of view, put
yourself in our shoes. We know that if you take us into ':he
city, we are going to bs paying City taxes for 20, 30, maybe
even 50 years and receiving nothing more than we already
have. It just isn't fair. Thank you.
i Ms. Russell: May l ask, would you point e, it Egan Road again
E to me, is it between these two creeks that you've just
spoken of. Okay. Thank you.
Jerry Mitchell: I might add, Chairperson Russell, the
reason, if you go out in that area, and you will notice that
the houses, where they're located, they're there because
that's the high ground. Everybody's built on high ground
and they're in certain areas. You'll find a few houses,
well there're only 10 as we've already mentioned, but you
will find all of them in a certain north-south plane on the
high ground.
Ms. Mitchell: My neighbor, I call 'em my neighbor, but Kay
Harper lives in Denton with her husband Howard. Kay's
concerned about our level of service, the city's budget and
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the affect of the annexation on that budget.
Kay Harper: Ifm Kay Harper, 6101 west University. Madame
Chairman and members. some of my presentation may overlap
with some of the other, but I didn~t know so please forgive j
ma, and I don't have time to revise It. I am totally
confused by the vague language contained in the Service Plan
and the answers that we are getting to our questions. For
example, ultimate development. The Service Plan says that
the area will get the same level of service as the rest of
the city upon ultimate development. What about in the
meantime. We are told that until we have ultimate develop-
ment of the area, we will get what is available with
existing personnel and equipment. The letter from the City
staff utates that they cannot guarantee anything will be
better. I submit that they cannot even guarantee it will
be as good unless they, there are very costly increases in
manpower and equipment. When I was growing up my mother
told us we were having leftovers for supper, we knew that
this was not a meal to look forward to. The good stuff like
the white meat of the chicken had been used already, and we
would get the backs and wings that night. It was a good
time to spend the night with grandmother. With urgent
services where lives are at risk, such as fire and police
protection, we do not want to be served with leftovers.
Presently we have the protection of rural fire and police
that already have the necessary equipment for our special
needs and have serviced us extremely well. My questions at I
the City hearing were, "How much will this affect
the City's budget? How such in taxes will the City realize
by this annexation? What are the costs to the City by the j
services that will be provided? Will the income offset the
cost?" t don't believe I have heard the answers to my
questions. Shouldn't cost effectiveness be uns of the first
considerations of an efficient city plan. it the answer is
the cost will be higher than the income, then I wonder if
the present residents of Denton think it is fair to them to
create this deficit. What services will they be deprived
of in order to accommodate us?. What budgetary cuts will
be made? I suggest it would be more prudent to wait until
some of the expected industrial development is eminent so
that the taxes would offset the City's cost. Otherwise, we
are going to get the leftovers for our money. Someone told
mo that the taxes collected would be $11,000. There are
approximately 16 adults who live and try to make a living
off the land that we are discussing. Is it really worth
disrupting the lives and livelihoods for $11,000 or even
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Page 26
$250000. Please ladies and gentlemen, I urge you to turn
down this annexation request. It isnO't fair or equitable
to anyone. Please don't leave us with the leftovers. Thank
you.
Ms. Mitchelli My neighbor Bob nobles is up there. He lives
next to his daughter and son-in-law Brian Walding, who
talked to you earlier. They're on Egan Road. Bob4s gonna
tell you about the City codes and ordinances and how it
affects farmers.
Bob Noblest Madame Chairman, ladies and gentlemen of the
Council, appreciate very such the opportunity to be heard.
I appreciate very much your service. I know it"s been said
members of these councils, really, that they have a thank-
less job, and I guarantee you there*s one way to get a
thankful job, and that'll be to oppose this annexation.
' That"s the first remark that I would like to make. I
realize that sometime in the far distant future there will
probably be a need by both the city and my neighbors for us
to have the property we own annexed. I don+t see any need
for that or reason for it in the near future. I love
Denton. My wife was born and reared in Denton. We came
back to Denton. We lived out on Kay Road for seven years
and moved out in the country in 1965 and have loved it out
t there. I been a practicing physician in Denton for 36
years. We are strong supporters of Denton. We pay thou-
sands of dollars to have our children educated in the Denton
Independent School District because we lived in the Krum
school district, so we had to pay each year for them to come
to Denton. So we love Denton. Another point that has I
already bqen made is there is no need for the City of Denton 9
to have control over this as far as the airport is concerned
because they already do. so that is not a factor. There
are several restrictions and severe restrictions that the
present city ordinances would impose upon all this property
that you are talking about taking in. Everything that you
see there is under barbed wire fence. Everything that you
see there, every line, every square inch is either pasture
or cultivated land with cattle on it. That is what you are
proposing to accept. The little individual homesites that
are loss than an acre apiece that are cut out of that. So
what we are talking about is agricultural property that is
being operated and has been operated historically for
generations as agricultural property. Let me just go over
some of the restrictions that we are talking about. If you
would, put yourself in my position as an individual that is
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October 12, 1994
Page 27
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running around Zoo acres with cattle. This is what the city
tells me. One, these are questions that were proposed at
the hearing of the City Council that the Mayor asked to be
deferred to the City Manager and the City Management to
answer these questions. This is the answer we received from
the City yesterday. Is barbed wire fence allowed within the
city limits? Existing barbed wire fences will remain in the
city. New barbed wire fences may not be installed. Are
breeding animals allowed in the city limits? That is all
I have is breeding animals. Breeding animals are not
allowed in the city limits based on current regulations.
Are there specific space requirements for keeping animals?
For every animal that I have, and I run around 70 head of
animals requires a 400 square foot lot. I don't have enough
land to build a lot for that many animals. It is not
feasible at all. That is chat the city ordinance requires.
I have the ordinances here, if there is any questions about
the ordinances. I am sure you are familiar with the
ordinances, but these are specific things that I pulled out
of the ordinances that I could not comply with if I as in
the city limits. Is a permit required for tree removal over
10 inch caliper? I have a lot of trees on my place and to
improve it I have to move them out. I have an old fence row
that has to be moved out and new fences either put in or
also i an going to have trouble with my other ordinance that
says I can't run my animals on the street. I an either
going to have to fence it, put barbed wire fence or else
they are going to have to be on the street, one or the
other. In order to replace those fences, the trees are
going to have to come out. What the city says is that I
have to come before the council and get a permit to take any
tree over 10 inches out. That is what the ordinance states
right now. The answer from the city, trees over 10 inch
l: caliper but located on existing family lots needs no permit
for removal, however, trees located on vacant tracts will
11I need a permit from the city. it doesn't make any sense. ,
Will existing swimming pools require fences and gates? Mine
has that. My thirty year old pool will be glad to know that
I will not have to do anything else, I don't think because
I have grand children who come out to my place regularly.
ours is a family operation. I have always looked forward
to my retirement, which is right over the hill, of enjoying
` my property with my children and grand children. We have
a family cattle operation now. I an told also that the
requirement for sidewalks will not effect us. It one of my
children decide to build out there that they are going to
propose a new ordinance where that won't affect us. The
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Page 28 n(} 0
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point is there are severe restrictions. This is agricultur-
al property. Everything you see in red is being operated
as agricultural property. None of it outside of a few acres
right around our present homes is development property ever.
i The back part of my property is flood plain, you can't do
anything but run cattle on it. I don't take comfort in the
fact that the ordinances will be changed so they do not
apply, I have a couple reasons I don't take comfort in
that. Number one is that we were told we vouldn't have to
be here tonight, because we said when the other property was
annexed it would not affect us. The property was when the
j doughnut was created, not when the hole was created in my
opinion. Because this is not developmental property that
is in the yellow out there. And in my opinion it will never
be developmental property except for some of it around the
airport. rt is just not feasible. One or two house eights
can be developed, there is no questions about that. But
that is not a development as I understand it. I an wonder-
ing if we change the ordinances in order for this annexation
what is that going to do with me and my relation with the
neighbor that wasn't allowed to build a home because he had
to have a sidewalk and they are telling me I don't have to
have a sidewalk or the person who told we about the barbed
{ wire fence that was still smartened because they were not
able to build a barbed wire fence. Said
you
build a
barbed wire fence in the city, yeh you can, cancan't tnow, To
f as that's not reasonable. I think that it is reasonable to
[ have the changes in the ordinances. I don't know if Mr.
Pereaud has the authority to change the ordinances, I don't
believe he does, I believe that is a
political process. May. ~
cone about and may not come about. I have no comfort in it
at all. What I was looking at was what this was going to
i do to to if I am taken into the city and I can't comply and
that is where I want to be. I don't want to go anywhere
also. I an right where i want to be and I spent 34 years
getti-g like I want it and hopefully I won't have to see
this go down the drain because of the need to be bigger and
better. Some things are not better who sy get bigger.
This is a one sided deal. I don't see t city of Denton
% getting anything from this. I certainly don't see anything
from the residence.
Ms. Mitchell: Howard Harper is going to summarize. He does
not live out there, he has his office out there. Sometimes it
is a real comfort to know we have a psychologist close by.
Howard has had personal experience with Code Enforcement and
he would like to tell you about that. Howard will summarize
Minutes
Pit Commission
October 12, 199
Page 29
the four classes of citizenship for Denton citizens.
Howard Harpers Kay and I like Denton. We chose to live here
in 1981 and we purchased our property, put in a septic tank,
drilled a well because no city services were extended to our
location. However, five hundred feet of our frontage on
Highway 380 was included in the then existing city limits, the
so called finger extension. Because of the low of the land,
i.e. the flood plain we proposed to build a home within the
city limits, because it is on the highest ground. in the
process of getting a building permit we found we would be
required to build a sidewalk along our frontage. We asked for
a variance to the city ordinance because our sidewalk did not
connect to any other sidewalk literally for miles. In fact on
the west side not until you reach Decatur. On the east, two
miles until you reach the Selwyn School and from there on
there was not much sidewalk at that time until you got to
McKinney. The variance was denied. We chose not to build and
ultimately bought property, a home in another part of the
city. We learned from this experience that living and paying
taxes on property within the city limits dogs not necnasarily
include the full compliment of city services in this case,
water, eewer and electricity. And two, the city requires full
compliance to its building codes and ordinances to include
sidewalks that don't connect to anything and will not connect
to anything in the foreseeable future. The city accepted
voluntary annexation of the property surrounding my property
on the basis of some developers promises. Eventually those
promises went unfulfilled. I was not notified, consulted,
included or made aware of these events by the city before or
after they occurred. The voluntary annexation came to my {
attention when I was notified by a letter from the City that
my property was about to be involuntarily annexed. The1
Information about the voluntary annexation still was not
provided me by the City but by other concerned and interested
citizens. The rationale given for the involuntary annexation
was to•%liminate the "doughnut holes" that were formed by the
voluntary annexation, further inquiry into the situation
reveals that the city is not obligated to provide the full
compliment of city services to the newly annexed property
owners. As I can determine, the full compliment of services
to include water, sewer, gas and electricity may never be
provided until some developer is found to do it. I have not
heard anyone on the city council staff say these services will
be provided in the near future or even definitely 30 years
iron now. In other words, my prospect for the future is to
pay a tax rate for services I don't receive now and won't
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PiZ Commission
October 12, 2994
Page 30 C,.
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receive for an extended period of time. While I am doing
this, the majority of other citizens will continue to receive
the full compliment of city services for the same tax rate I
an paying. In my mind this is not a fair way of doing things,
this is an unjust approach to solving the so-called doughnut
hole problem. If the city will put in writing and publish a
date when they will extend water, serer, gas, and electrinity
to within a thousand feet of the area of proposed annexation
it will go a long jay towards changing my attitude or opinion
of this proposed action. But no one ceems able or willing to
do this. An overhead has been prepared to classify the
citizenship we feel are created by this annexation. First
class citizenship is entitled within the city development
receiving full service, full taxation and full citizenship.
Number one is reasonable, number two io necessary and number
three fair and four acceptable. Second class citizen live in
a path of progress and they have full service immediately or
is available within three years, still full taxation which is
reasonable and necessary and acceptable+. The third class
citizen, Kayo and I because we are in the finger extension,
designed to protect roads into the city and extend Denton's
ETJ, things could develop in these areas quite suddenly, these
areas have limited service for an unlimited time period, still
full taxation. Number one reasonable, nums)er two necessary,
fair, very questionable and four I guest we have to accept it.
And then the fourth class citizen which I feel I an headed in
that direction unless you folks change your cline, to close up
the doughnut hole, we get the left over service, the time
period for more than maybe 25 years. I can't get a figure
from anyone and we still get full taxation which I think is
unreasonable, unnecessary, unfair and totally unacceptable.
With all that said, where does this leave my neighbors and me.
Let me refrain the question, in our democracy what you have
when you send out a group of people based on a particular
trait such as race, creed, color, location or any other '
distinguishing features. What do you call practices that
cause that group of people, usually a minority, to get less of
what all the other people are getting for the same amount of
money.
Ms. Mitchell: That completes our planned presentation.
Ms. Russell: Is there anyone who would like to speak? Please
come forward and give your name and address.
My name is G;I,inda Cole. I live at Route 1 Sox 4068. I speak
for my self as well as my neighbor Deniee Patterson. My
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October 12, 1994
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Page 31 ~6~rO
family and I have had to fight the City of Denton for a few
things in the past and here we are again. So far the city has
not been too concerned as to what the citizens of its communi-
plantvwhoowasay. A nted to had to anfroa3pha It
our
house. We Tad a real nice presentation, got up here and we
won that battle, even though the Planning and Zoning Commis-
sion recommended it, but the City turned it down. We felt
like we had an influence on that decision. A few months ago
my husband was talking to one of your city staffers and we
realized that the only reason the city turned it down, was not
3 because of what we had to say but because it would have an
{ effect on the airport master ~ plan.
A few weeks ago the city
imposed restrictions on my property with the zoning f the
,y airport and now I can no longer do with my property what wish to do. That in its self is an infringement on my rights
as a landowner and should be classified as a taking from the
city rather than a rezoning. I cantt do anything with my
' property I am suppose to pay city taxes on my property which
I can do nothing with. I think this is just too much. Asking
residence to annex Chair homes into the city limits just to
fill a doughnut hole is unreasonable to me. Putting us in
Zone one was like putting a noose around our neck and now with
annexation it is like kicking the horse. When you are able to
extend all the benefits that everyone in the city gets, we
would be more than zesceptive to the idea of annexation, until
a then please leave us as we are.
Kr. Cochrane r would like to make a comment. I was there the
k., night the asphalt batch plant was discussed. I don't know
what city staffer told you that was the reason, I don*t
r believe it. i believe you won was that you crackerjack defense of our y , put together a
j you that, but that is ridiculouetion. i don t know who told
Ks. Coles That is what we thought. We thought we had a lot
to do with it. And then we were told if the city wants it
there they would have let it go there, but they didn't want it
there because of the airport. When we had our city council
' meeting the other night about the airport
and spoke just like we did here and not only did we gwe u
et atnod
or anything they said nothing to us. Before I sat down they
all said aye and passed it, we are at the
going to get up and say what we want to sayy,point ut hit doesnrt
Wetare hoping that fis not the case land youa will o consider iwhat
we have to say.
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October 17, 1994 •2S-Cy (4
Page 32 X1708 64'
Mr. Lybbert: Hy name is Verl Lybbert I have property on 380
to Jim Christal. I just came out to this country a few years
ego, my son lives just south of Denton. Visiting I liked the
country so we bought some property, part in Denton and part in
Plower Hound. Flower Mound taxes ran us out of town, so we
sold that place and found a place in the county on 380 to be
in the county. Three days after I signed my contract I read
the paper that the airport deal was going in out here and we
are in Zone i and Zone 2 so I can't do too much with it.
Getting over the shock of that, we find out we are going to be
in the city again. I dontt know what services they can give
me that I don't already have. I just soon be left in the
county.
Ms. Russell: Anyone else to speak. Mr. Persaud any further
comments.
j Mr. Persaud: The city is the petitioner for this annexation
i' and I would like to sus;marite the position of the city in this
regard. The city currently provides services to all the areas
around the shaded area on the map and rasher than go around
that area to provide service, the city would rather be able to
go through the area. As a city and provider of municipal
services, the city is continuously looking for opportunities
to reduce per capita cost of providing those services and
these annexations would reduce our per capita cost, making it
easier for service personnel, rather than going aro.md this
? area, to provide service to those areas. The staff fuels also
that this aroa, because of the airport development plan, need
a lot of long range planning in terms of thoroughfares and
landuse planning. We feel this will benefit this area over
time. we feel that in the long term, the airport with benefit
this area. We feel also that toning regulations placed on
this area, if brought into the city, will help to get the
right kind of land uses. Staff recommends the annexation and
would be hrppy to answer any further questions.
No. Russell: Mr. Robbins.
Mr. Robbins: live got a couple of questions for Harry about
the airport but there are a number of points I'd like to
address with respect to information that was provided too, one
of which would be, to allow our fire marshal to address some
points that were made about fire. Harry, do you know where
the Zone 1 limit is on that map or are you guessing?
Mr. Persaud: I can point that out to you with regards to the
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October 12, 1994
Page 33 ZS
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area north of Jim Christal.
Mr. Robbins: Then to refresh your memory, Zone 1 is the area
in which certain hospital uses, certain educational uses, but
particularly residential uses, are not allowed now under
airport zoning and so what is that area?
Mr. Persauds Yes, Zoas 1 for the airport area prohibits
residential development.
Mr. Robbinst Where is that on the map?
Mr. Persauds North of Jim Vi,rist2l, the area extends from a
triangular point.
E Mr. Robbinst From a policy standpoint then, with respect to
the issues of what is our plan for how this area will be
` developed and how it is zoned, except for the relatively small
area that is in zone 1, single family residential houses may
be built. The builder has two options, an aviqation easement
or noise mitigation. I don*t know if we would come back to
the Commission at a later date to amend the Denton Development
Plan to move the area in zone 2 into some kind of special
purpose or a commercial/industrial zone and we*re certainly
not proposing that tonight but from a policy standpoint I
wanted to try to clarify that.
Mr. Cochrane It seemed that one of the reasons that we
created it, even though it0s true that you can build residenc-
es near the airport with these regulations, it doosn+t seen
like that,'s going to be very viable or a very desirable place
to do so. So, even though it is possible with these agree-
manta and these extra construction methods# that you can
surely build residences there but who would want to buy them?
+ Mr. Robbinst I just want to point this out, there is going to
kx% some issue about getting into some type of debate and I
would wirh to avoid a debate rather than provide some informa-
tion. I que%s the point I would make is that there isn't
anything about this annexation that does anything about the
airport. Would it by appropriate for Rick Jones, our Fire
j Marshal, to speak to the istuas of off road fire protection
and his understanding of how volunteer firemen report.
Mr. Jonest I an Rick Jones, Fire Marshal for the City of
Denton. Basically, some of the answers that were received
here this evening about the City of Denton's fire protection,
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' as far as urban interface firefighting, was a little bit wrong
in that we have more than just one off road fire fighting
vehicle, other than just the hummer that just happens to be
our newest vehicle. We have three total within the fire I
! department and that is less than what Ponder or Krum would
I have but the majority of their fires is urban interfaced fire
fighting and not structural fire fighting. our immediate
water capacity is higher than what was previously presented.
f We do have one 30500 gallon tanker that has recently been
l purchased or retrieved from the Argyle volunteer fire depart-
meat that we have outfitted so tnat it can also provide like
a mini-hydrant in case of structure fire it can actually
connect to our pumpers. As compared to the volunteer fire
department, our fire department will be manned twenty four
( hours a dry seven days a week. I am not aware of the response
€ time quoted earlier this evening of five minutes from Ponder.
We would not be able to give them, as it sits now, a five
minute response from where we are at. I would say that we do
have fire fighters at the station that would immediately
{ respond to a call whereas Ponder, at this time, works off of
j an "on call" basis that those firefighters would have to be
paged from their home, drive to the station, and then go to
the fire and I can't comment in whether they can do that in
five minutes or not. Each one of our front lino engines has
a 500 gallon capacity. In order to fight a structure fire, we
respond one of these vehicles with our booster trucks for j
urban interface, so you would get close to 750 gallons of
water on a grass fire that was dispatched, but, unlike Ponder,
Ponder's trucks do have the capability to go somewhat off the
roadways. You're not going to see one of our Peterbilts get
{ off the road, I can promise you that. They'll have to stage,
and then one of our smaller apparatus would fight the fire.
I can answer any questions.
Ms. Russell: Mr. Jones I have a question. One of the answers
was that the McCormick Street station was the closest. I'm
thinking about the one just off of Hinkle. Is that not
closer.
Kr. Jones: We have a fire station that is at Bonnie Bras and
Windsor and currently that side of U.S. 380 is not in their
area of responsibility because they wrap north of the city and
farther upwards toward Sanger, but I think, their going to be
the same distance apart. The initial response would be to
Station 3 which is on McCormick Street so that they can
immediately get on the highway to get to the area. The other
answer would be that the one on Bonnie Brae and Windsor would
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have to take Bonnie Brae and then 380, but they are correct in
saying that Station 3 would be their first respondent.
Ms. Russells And your telling us that we have a greater
capacity then just one truck.
c' Mr. Jones: We have a greater capacity of off road vehicles.
The gentleman was correct in that we do have a hummer and it's
r; capacity is 200 gallons of water. We also have a Ford Booster
truck that has a ca acit of 250
I p y gallons that it four wheel
drive and it's off road and then we have recently purchased a
3 Dodge that we have a skip load9r on it with a 250 gallon tank
rs f and it is off road capable but that is not our response
protocol to send all these apparatus at once unless the fire
warrants it.
Ms. Russell: When your quoting me these 250 gt-'.lone. Is it
250 gallons a minute, or five minutes.
Mr. Joness No, that is 250 gallons of ready water that is on
the apparatus that would be used to extinguish the fire. Most j
z' - urban interface fires these days are the foam solution. In j
any operation of an urban interfaced area, is
going to be a
tanker or a shuttling water because they are correct. our
major source of water from the fire hydrant is several miles
away. I think it is over two and one half miles away.
Mr. Cochrani An urban interface fire, I take it, is a grass
i firs.`
s Mr, Joness Technically, yes.
Ms. Russells Thank you Mr. Jones. Mr. Persaud.
Mr. Persaud, I have no further comments at this time unless
you have some questions.
Mr. Cochran: I'm curious as to how much of this proposed area
is in the floodplain.
;
Mr. Persaud, 78 acres or about 30 percent.
r,
Mr. Cochran, Is electrical service out there.
Mr. Persaud: Electrical service is out there and we are
prepared to provide electrical services.
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Mr. Cochran: And that happen shortly then I take it?
5~~ 66
Mr. Pereaud: Yes.
Mr. Cochran: Another question is, how many of these "donut
holes" as we ara calling them, are currently in the city?
Mr. Persauds There are some donut holes to the east part of
town as a result of the Lakeview annexation. There is anothor
one between 377 and I-35, to the southeast part of town.
Mr. Cochrane is it part of city policy to systematically go
In and eliminate all of them. Is that what it is basically
about?
f Mr. Persaude We feel that the reasons that we pointed out, {
from a service standpoint, we need to identify phyeical f
boundaries for the city limits sakes it easier for rnsidents
and city personnel. This is something that we need to
systematically do over time.
Mr. Cochrans You mentioned that one of your reasons why it
was important for us to do this was because we were already
providing rarvice beyond this point. How many people live on
the land beyond this subject property? 1
l
~Mr. Persauds I wouldn't be able to say. It is very sparsely.
settled at this point in time.
Mr. Norton: What services are we providing over there now?
If there are no houses there, what services are we providing? a
Mr. Persauds on Egan Road, we aria currently maintaining the
road.
Mr. Norton: So we aren't providing any type of service past
this point at this point in time? Just to be honest with each
other? Mowing of the road occasionally is hardly a service.
k Mr. Robbins: You only provide a service if there is a need or
:i demand. If there is no need or demand, we wouldn't
do
anything but they are eligible if there were a need or demand.
Mr. Cochrane The only reason this is brought up is to
determine what it is at this point.
Mr. Norton; We were justifying the need of this as a city
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convenience because we were furnishing services past this
point. My point in asking this question is that we really
aren't providing services past this point. if we mowed a road
once, that. is not such services. If there is more than that,
then someone needs to tell me.
Mr. Salmon: one of the reasons the services have been recent
in this area, the city recently entered into a intermocal
1 agreement with the county a few months ago. Up until just a !i
few months ago, the road was maintained by the county. The
city just received maintenance of this road within the last
i few months and that is why we haven't mowed or patched it, i
etc. The same thing goes for Jim Christal Road. We now have 1
full maintenance of Jim Christal Road all the way out to
highway 156. I personally received a call from a resident in i
the area, just a few weeks ago, at which time I filled out a
1 work request and I'm sure that that patching occurred as a i
result of the work request that I filled out. They are
receiving normal city services like anyone else would in
relation to road maintenance. i
No. Russells Did I understand you to say that we are now
maintaining Jim Christal Road over to 156?
Mr, Salmons That is correct. The City of Denton now main- i
tains Jim Christal Road all the way out to 156.
ms. Russell: When Old we enter into this agreement?
Mr. Salmons I don ow the exact date but it is within the
last six months.
Me. Russells Oktiiy.
Mr. o reasons including
the city is the services that we have been providing past this
point and those services have, from what I have heard,
happened in that last few months yet we have had that property
for the last eight years. We aren't providing police service
out on empty roads are we?
Mr. Robbins: If it is inside the city limits, the answer is
that police related activity would have a response from the
city police for that activity. I think your point, and I
don't know that we're very far apart, is that we haven't done
a whole lot in that area. The point that I vas trying to
make, and I think that Mr, Persaud was saying, is that there
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hasn't been much out there to do.
Mr. Norton: Well if you follow that logic just one step
farther, if there is nothing out there to do than our justifi-
cation for the hole falls apart because ve're not providing
services, ve're saying to these people that we want the hole
because we go to provide services past you. We are not doing
that so therefore our argument doesn't hold a great deal of
water.
Mr. Drakes I might point out that we do have the obligation
to provide police and fire services. Not all police nor-Aces
are keyed to providing to residences. There are property
crimes, there could be vandalism, there are grass firas. Just
because we have been fortunate enough not to have a fire
doesn't mean that our fire department wasn't obligated to
respond. There are services provided but because, perhaps
there hasn't been a need or a call or what have you, doesn't
mean that services aren't there and available and provided.
Gentleman from audiences I'd like to give you a firsthand
testimony on two of those. The road from Masch Branch, down
to Egan Road, has never been snowed by anyone but me in the
last thirty years except for a weak ago. And that came when
I found out that the narks Departnent was supposed to maintain
it and I called them and it has been done. It in our under-
standing that the 3500 gallon truck is not operable. That is
t what we were told. Eo:: our situation, it would stress
anybody, it would streso the city to respond to that fire and
I suspect that we would call Ponder and Krum If we have a fire
because of the response time to the fire. Thank you very
much. One other thing, also, on Egan Road, several months ago
the county thought the city was maintaining it and the city
thought the county was maintaining it because I called them j
d. both. But we have had the City of Denton out within the last
week, to fill in the potholes and it helped.
Ms. Russells If I understand, it was to be maintained as
needed and the city was to be notified, perhaps communication
wasn't as great as it might have been there. Mr. Jones, did
you have something else?
Mr. Jones: Just to explain our response responsibilities for
the area as it exists now, Bishop Nobles is correct in the
fact that any type of large or grass fire or urban interface
fire we have out there, with any part of Denton, we are going
to rely on our neighbor fire departments. we're unique, as
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the nearest paid fire departmant to us is going to be Levis-
villa, eighteen minutes away. They are better off than we are
in Denton, specifically, because they are neighbored by paid
artments% Carrollton, Richardson, Flower Mound, and
fire de
P
Highland Village, and they have a real good quick response on
agreements. We have agreements with Ponder and Krum, in that
the fires that I can remember, were primarily urban interfaced
fires or grass/brush fires and we did rely upon Krum and
Ponder to assist us in fighting those fires. Earlier I wasn't
trying to tell you that we would try to do it all by our-
selves, but that would happe.s the same as in the middle of our
city, an recently as happened on the square, if you just
looked in the newspaper, there was Argyle, Mayhill Cooper
Creek, Aubrey, and everybody was vp here helping us fight the
fire. The understanding of fire protection is that all of us,
I~I paid and vol%mteer, rely upon each other.
Ms. Russell: Thank you. Any other questions nor the staff?
i' No. 6chertts I have a few. Mr. Persaud, one of the questions
E that I have heard from the people in the audience is that the
city has total control of the airport as it is right now and
I have heard that you are not in total agresmert to that.
Could you comment on that?
F, Mr. Pereaud: The airport toning reg*jlations, with regard to
1 lenduses, does give the city control with regards to how
things are developed in that area ;'or protection of airooe.
purposes. We do have that control now.
No. 8chertt: So that annexation of this donut hole, you
agree, vonlt affect the airport?
Mr. Pereaud: it will give the city overall land use control
with regards to our zoning ordinances because right now, for
example, a development outside of tone 2 and some of the area
outside of tone 2, we will have no control over land uses. In
other words, if portions of those lands are sold to other
owners and they dEcide to do an asphalt plant or something
like that, or some type of land use that is obtrusive, the
eihy will not have the zoning ordinance at hand to effect
those changes. So, annexation allows the city more control in
those areas consistent with the interest with the land owners.
Like I mentioned, we have now adopted the Airport Matter Plan,
where we will soon vome back to the Commission with a master
Thoroughfare Plan amendment, DDP amendment is on the line for
maybe another nine months or a year. We need to do all those
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October 12, 1994
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master plans. We would like to include the land owners in the
future planning of that area,
Me. Schertz: I appreciate that. I have one other question.
Could you talk to as about, I know they're paying county taxes
and then we talk about if we do annex this it goes into city
1 taxes a;-d then I notice that we're going to temporaril zone
it agricultural "A". Just talk to me in cents, what re the
difference in dollars and cents per acre from county tax to
the city tax, that is temporarily zone agriculture. How much
i increase is it?
Mr. Pereaudc Lands which are zone agriculture and currently
j has an agriculture exemption, which a lot of those areas do
now, the city tax on that would be like, varying between 49
cents an acre to $1.12 per acre. These are approximate
figures per agriculture exemption and it would depend on
whether it is crop land or native pasture or improved pacture,
A lot of the lands that we are anne.%Inq currently enjoy the
::"f agricultural exemption. I think the tax bite on the residante
would be with regards to their homes which would have an
f assessed value and then it would have to be paying city taxes
on the homes. But the agricultural exemption would remain the
c•.nme and the tax bite is very minimal.
Ms, Schertz: All right. I think that would take care of it,
thank you.
I Mr. Cochran: one more question, if r may, it you could
refresh my memory. The asphalt batch plant has been brought
up here several times tonight, Was that located inside the
city limits, now?
Mr. Persaud: it was in the same vicinity. Frank, do you want
to respond?
{ Mr. Robbins: Yes, it was in the city limits* that's why it
was denied because it was a zoning application.
Ms, Schertz: I'm real sensitive. The gentleman talked about
his livelihood is breeding the animals and Via barbed wire
:once and I'm very sensitive to that and I thi,ik the city was
addressing i tsaying that they would like to amend that and i
hear his baying that it sounds okay but, we're talking about
the city and how long will that take and is it really going to
happen. Talk to me about how there could be any comfort in
saying "Well, we're probably going to amend that"
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Mr. Persaud: I'd like to assure you, personally, that I am
very sensitive to working with the lane, owners and i appreci-
ate their concerns too. I enjoy working with them and I hate
to i•c on the other side of the fence but that I do appreciate
their concerns. Like I had mentioned before, there are some
city ordinances, like that of breeding animals, where we
prohibit breeding animals inside the city limits, has never k
been used for thirteen years. We have started the process for
amending that regulation so that breeding animals can be kept
in an agricultural district. We felt that the agriculture
h district today allows for a farm and ranch operation and we
see no problem allowing for the farm or ranch to have breeding
animals. We are going to start the process and hopefully have
it before the City Council by November 15th, before the
i~ annexation is finalized and I don't make the ordinances, staff
can propose the amendments to City Council. We feel. comfort-
able at this point in time that they will be consistent with
whatever the zoning ordinance allows.
i
Mr. Robbins: What is the timing on that with respect to the i
E final action on this annexation?
j ~
Mr. Persaud: This annexation is proposed to be finalized
December 6th.
Mr. Robbins: What is our request date that the Council would
E consider theta changes to the ordinance?
Mr. Persaud: At this
point in time we are thinking Novez;er
15th but if there is anything with that it would probably gcu
on December 6th, or thereabouts. We will certainly take those
amendments to City Council this year.
Ms. Russell: Mr. Persaud, as was stated in speaking of
services that they now do not have and bringing them into the
city as per Loan Star Gas, phone service, school service, is
there anything *he City of Denton could do and i
realize
, , that
..r~_,. ftiere are places within the city of Denton that dose not have
Lone Star Gas available to them, but is there any assistance
that, if we were to approve this, that we could give them with
these o: is that an individual company decision or school
decision.
Mr. Persaud: I believe, and Frank can correct me, that those
types of developments are being done as development takes
place in those areas and so as the development takes place,
those companies will run their lines and networks to provide
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an increased level of servico to those areas. If there is
anything that the city can do er the city staff can do to wozk
with the residents to improve their quality of life annex-
ation will place
them i i that position. i don ft think that we
can influence Lone Stas Gas to expend sums of monies to extend
the lines but as development takes place in those areas, Ira
sure the level of service will increase over time.
Mr. Norton. Do you have the map that inoludes the two creeks
that run through this property? There was one at one point in
time. Aren't those major obstacles to utility devalopments,
such as sewer and water lines?
Mr. Pereaud: We have staff here from the Utility Department
that could respond to that question.
Mr. Cosgroves I believe that Hickory Creek would be more of
an obstaole for sewer service than for the water sarvice. We
do cross Hickory Creek in other places in the city of Denton.
It would not be the first time that we would have to deal with j
Hickory Creek.
Mr. Norton: But in the areas that you cross it, you have
considerable development or not?
Mr. Cosgrove: We do not.
Mr. Nortons You do
not?
E Where do
{ not. you cross it where you do
Mr. Cosgrove: We have about seven different crossings. in
the early 80's we extended a Hickory Creek interceptor,
starting in the area of about where Teasley Lane turns and
goes towards Corinth, down in the old Alton area and goes all
the way up just about to 380. In f;-t that existing 10 inch
11 sanitary sewer there is the upper rceches of that line.
t Mr. Nortons 10m real! t in to to find out the
development in that area is not likely. ~a Are you sayingfthat
itts likely? of course that is asking for an opinion so just
forget that question.
No. Schertzs Dick, I agree with that concern and I wish I had
an answer to that too because it would help me.
1 Mr. Nortons That0s what's bothering me about this whole
approach to that piece of land. I'm sure that was brought
Minutes
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October 12, 1994 ;2nd ,'0 94 ~5
Page 43
into the city in 1986 but I see nothing but problems with the
development of that area and I also sit hear and think that
has basic control out there through the ETJ requla-
the city
tions. If you could say to all of us that that piece of land
that lies passed the donut has any real likelihood of develop-
ing, then I would look at that totally different than I do
to be
today sitting here looking at two major creaks that have
bridged somehow for both sewer and water before any major
development comes out there and your talking major expense
money for some major developer. Your not talking a small
1 amount of money. I don't think, personal opinion, that that
is going to happen very soon. That is where I sit right now.
A gentleman from the audience: I have one question for Mr.
Cosgrove, I just want to know has the city of Denton ever had
any of their sewer lines rupture during high water floods
across Hickory Creek.
Ms. Cosgrove: Yes we have ono time. It happened about three
yoars ago down near Bonnie Brae and we are in the process
right now of having a contractor replace that line. We did a
temporary patch and the contractor should be done within the
next month. I
vs. Russell: I'm going to close the public meeting at this
time. Staff, do you have any final remarks? Gentlemen,
I
Ladies?
Mr. Cochrans Madam Chairman, I'm troubled by the possibility
of annexing thl.s property for a variety of reasons but first
and foremost is th' : I don't see that there are any advantages
to the City of Denton to do this at this time. It it inevita-
blot I believe, that this will be coming inside the City of
Denton at some point in the future. There doesn't seem to i>e
much of an argament about that, but the future is a long 2twa
away and hol+ls a lot of possibilities. But the only reason
that I can see it benefit the city for annexing this right now
is that Mr. Mitchell could run for City Council. I don't
think that teat is any compelling reason to vote for this.
But there are a number of issues that are brought up including
the advantages to the citizens. If they don't want to live in
the city than that should certainly be a right of theirs
unless there was some compelling reason, at this point, to
move forward such as if this area were threatened to be
gobbled up by another municipality for instance or if there
were a threat of development going on beyond this area. I
think that it would be just plain unneighborly of us and so I
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would move that we would, I don't know how to phrase this or
i style this, but at least recommend to the City Council that we
do not annex this big piece of property (A-66). I have
clumsily worded that but I think that you know what I'n i'
saying.
Mr. Morton: I'll second that.
have one remark that I would like to make about this.
Me. Russells I
definite disadvantage that i sea to the
The one
rnaid.nts is i believe that as the airport develops, and I
think that it is an important part of Denton's future, I don't
{ see that you'll be on the decision making there and I think
discussions? Y comment that i
to unfortunate.
Any other That is the
that t
would like
Ms. J':hortz: That is the fact, exactly, that has been going
through my mind and i just would like the residents to take
note of that and I would like the residents also to know thkt
the municipal airport and its development is going to happen
and that by listening to you this evening ti work a you i will
listen to the city when they are trying you to
make that happen and make it good for everyone because I do
in a think it time and place i to make those commentsi that this
Mr. Cochrans But I would note on that question that I
recognize a number of these faces when we were discussing the
airport and they certainly had some input into the zoning the
last time.
Ms. Russell: All in favor of the motion, please raise your
right hand. All opposed. Motion carries unanimously.
IV. Hold a public hearing and consider making a recommendatilvn to
the City Council with regard to the proposed annexation and
zoning of a 68 acre tract located north of Ryan Road and East
of Forrestridge Drive (A-67).
Ms. Russell: I declare the public hearing open. Mr. Pereaud7 f
Mr. Pereauds Madam Chairman and members of the Planning and
Zoning Commission. This is the second proposal by the city to
annex an area north of Ryan Road, in the vicinity of Leisure
IAne. A 614 score tract of land. We have been working with the
and I would residents of this area residents in this area f some concerns about the annexation.
WWI
Word
13 No
Ay~rda!tr,
Ct..~ S
NO. S
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT OF 263
ACRES LOCATED NORTH 01 JIM CHRISTA.I. AND WEST OF MASCH BRANCH ROAD
APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTYt APPROVING A
TEMPORARY AGRICULTURE (A) ZONING CLASSIFICATION FOR THE ANNEXED {
PROPERTY? AND DECLARING AN EFFECTIVE DATE.
WHEREAS the City of Demon wishes to
extend its city limits
line to include contiguous tracts of land north of Jim Christnl
Roads and
WHEREAS, public hearings were held in the Council Chambers on
September 20, 1994, ani October 4, 1994, (both days being on or
after the 40th day but before the 20th day before the date of
institution of the proceedings) to allow all interested persons to i
state their views and present evidence bearing upon this
annexationt and
WHEREAS, annexation proceedings were instituted for the
property described herein by the introduction of this ordinance at
a meeting of the City Council on October 25, 1994; and j
WHEREAS, this ordinance has been published in full one time in
the official ;newspaper of the City of Denton after annexation }
proceedings were instituted and 30 days prior to City Council 11
teking final action, as required by City Charter; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
SECTION is That the tract of land described in exhibit "A",
attached hereto and incorporated by reference, is annexed to the
City of Denton, Texas.
t.` SECTION Ili That the service plan attached as Exhibit "B" and
incorporated by reference, which provides for the extension of
municipal services to the annexed property, is approved as part of
this ordinance. '
SON IIIt That the property annexed is temporarily zoned
for Agriculture "A" district classification and use designation
under the comprehensive stoning ordinance of the City of Denton,
r Texas.
SECTION IVs That the Cityls official toning map is amended to
show the temporary zoning district classification of the property
annexed.
SECTJ_JN Vs Should any part of this ordinance be held illegal
for any reason, the holding shall not affect the remaining portion
of this ordinance and the City Council hereby declares it to be its
purpose to annex to the City of Denton all the real property
described in Exhibit "A" regardless of whether any other part of
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60 tho described property is hereby effectively annexed to the City. i
If any part of the real property annexed is already included within j
the city limits of the city of Denton or within the limits of any
other city, town or village, or is not within the City of Denton's
jurisdiction to annex, the same is hereby excluded from the
territory annexed as fully as if the excluded area were expressly
described in this ordinance.
r SECTION Vit That any person violatin any r, g provision of this
1+ordinance shall, upon conviction, be fined a sum not exceeding
$2000.00. Each day that a provision of this ordinance is violated
o, shall constitute a separate and distinct offense.
SECTION Viit That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
a, PASSED AND APPROVED this the day of
,
a 1994.
BOB CASTLEBERRY, MAYOR
ATTESTI
JENNIFER WALTERS$ CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
47
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DATES October 25, 1994~~~ - 67
APWAI
CITY C9L = .+..p; R1 Dale
TO: Mayor and M0:
mbers of the City Council
FROM: Lloyd V. Harrell, City Manager
f SUBJECTI Variance to Section 34-114, Article 17
Ordinances, pertaining to sidewalks Of the Code of
The planning e,nd Zoning Commission recommended denial at its
9/28/94 meeting, by a vote of 5-0.
The site, known as the Fred Hill addition, is located on t;le
southeide of Hickory Street, at Bradshaw Street.
In order,for the city Council to be demonstrated that all five criteria,+eas lists4cin seotion
34-4 of the subdivision RP^rulationa, are
and the Commission's responses, follows met. The criteria,
` I. The granting of the variance will not be
, the public safety detri>ce other
propertys # health, or welfare or injurious to o of other
Granting this request may be detrimental to public safety in that the Arita
is adjacent to a residintial area.
kl
2. The conditions upon which the request for a variance is
based are unique to the property for which the variance is
sought, and are not applicable, generally, to other propertyi
property des not h
woul d ave any unusual physical sh.pa or topography which
make it difficult to install a sidewalk along the frontage.
3. Because of the particular physical surroundings shape
j, topographical conditions of the Grecifle property involved or
f.
particular hardship to the owner would resu).t, as distin-
guished from a more inconvenience, if the strict letter of the
regulations is carried outs
No unusual hardship would result from not approving this ragusst.
4• The variance will not in any manner vary the provisions of
the Zoning Ordinance, Denton Development Plan, Master Plan or
Studies, except that those documents may be amended in the
manner prescribed by laws
3
1
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Ap~rd~Jt
Current regulations would be varied for this one case ifs t. variance
granted.
5. The special or peculiar conditions upon which the request -U
is based did not result from, or was not created by, the
? owner's or any prior owner0s omission.
•rhis is not applicable, since c•iteris No. 1 has not boon mot.•
BACKGROUND s
The final plat of the Fred Hill addition was rpproved by the
City of Denton in 1984, but never filed for record with Denton
County. Sidewalks were not a subdivision r6quirement in 19841
but are currently required.
On October 4, 19940 the City Council voted to postpone until
October 18 consideration of this varlAnce and other options
r i that might enable development without sidewalks being re-
quired.
" On October 12, 19940 PiZ explored ext,o ng the approval of
the final plat, but did not. Extension of the plat cannot be
accomplished now, because the plat expired without its
recordation, two years after its approval.
' On October 18, 1994, Council postponed consideration to
October 25, 1994.
PROGRAMS,' DEPARTMENTS OR GROUPS AFFECTED:
J
Property owner.
FISCAL' YMPACTs ;
None.
Respectfully submitted:
I-Er loy . Harrell, City Ma agar f
Prepared by:
rank ob ins AICP
Executive bi eotor
Planning and Develupment
t, Attachments:
10 Plat/location reap.
2. P&Z Minutes.
36 Applicant addressing variance criteria.
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minutes Pit Commission ATTACHMENT 2
September 28, 1994
Page 4
IV. Fred Hill Addition. Lid&
a• Consider a sidewalk variance in the
Addition Subdivision. Fred Hill
Staff report given by David Salmon. I
The owner of this property, Mr. Fred Hill has applied for a
variance of the sidewalk requirement along the frontage of
this property on East Hickory St. This has a little bit of a
history to it, and I think the applicant or his representative
will probably dascribe in more detail. This is a piece of
property that a plat was approved on back in early 1984. At
that time there was not a requirement to instsll a sidewalk.
For some unknown reason the plat was never filed.
Is not filed within two years of the date of a If a plat
lo It
j. becomes null and void. Technically in order to gorback
and
try to do something on this property,
platted again. So th4 applicant has bught in ad new have be
pi toand
we are going back through the platting procedure. This time
however, we do have a sidewalk requirement. That is why we
are requesting a variance. In order to recommend that this
variance be approvsd, it does have to meet three criteria that
l we are all familiar with. First, that it not violate any of
the cities master plans. The second, that there is some
unusual shape or topography in the property that would make it
difficult or a physical hardship for someone to construct a
sidewalk. The third is if there is such a physical barrier,
that it not be something that was created by the owner. This
4 '
property is pretty level. There does not appear to be any
unusual topography and there is not really an unusual shape to
it as far as the frontage goes. Staff would have to recommend
to the commission that the variance not be granted.
Mrs. Schertzt Are there sidewalks on either side of the
proposed sidewalk on East Hickory?
Hr. Salmon: Not near there. '
Mrs. Flemming: Who is responsible for filing the plat?
Mr. Salmon: The city ultimately actually carries the docu-
ments to the courthouse, at least that is what happens now.
This happened in early 1984 and i an not sure what the
procedure was at that point. As far as I know, t=iers is no
record that the plat was ever brought to the city. Once the
plat was approved, it is lake a void, we don"t know what
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September 28, 1994°•1~btdJ
Page 5 ~i ,~l't3n y
happened. We don't know whether the applicant just didn't
bring it to the city, or we don't know whether he brought it
to the city and something happened between the time the city
had it and when it was carried to the courthouse. It may have
' been carried to the courthouse and for some reason misplaced
or never filed at the courthouse. There is no telling, there
is a variety things that could have happened. There is no j
evidence to show that any one of those happened. I don't
think the applicant knows exactly what happened either because
it happened so long ago.
Mr. Cochran: In what year did we start requiring sidewalks.
Mr. Salmon: In 1988.
Mr. Robbins: Didn't we require sidewalks before that time?
Mr. Salmon: Yes, but not in this case. We required sidewalks
on one side of certain streets between 1983 and 1988. This
fell into that period, and this would not have been one of
those streets that required a sidewalk at that time.
{ Mrs. Russell: East of the property, are residences. on
3,? Sycamore, around Austin Baker's plant, there are sidewalks,
and it is light industrial.
Mr. Salmon: I believe they platted aLter the sidewalk
requirement was in place. I will say our community develop-
ment block grant program, in the last few years has been very
f
active in trying to get some sidewalks installed in this area
of the City. There has been interest in sidewalks in this
area of the city and we have built quite a few and have some
even in the process.
Greg Edwards, Metroplex Engineering: We did the original plat
for the Fred Hill Addition back in 1984. Basically, I think
we have a real good "sob story", a very unfortunate situation.
I wish we had a better variance case, but you kind of go with
the cards that you are dealt you. Back on Katie's question
about the filing of it. WTI i we heard about this, we started
doing some research and basically going back and getting with
Owen and him going through the city records. Basically, we
can document that Mr. Hill paid the required fees, submitted
the required plans, they went before Pit and were approved.
As far as whose fault it was, who dropped tha ball, who didn't
do what on the thing, that gets a little vaguer.
I havri processed hundreds of plats through the city and for
e ,
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Minutes P62 commission
september 200 1994 1:~~71a1
page 6
the city and have no recollection of this particular incident
and what was happening at this tiros. In going back through
the procedures, I know at one time the City of Dentcn was
requiring us to have the signed copies of the plat at Pit
before they approved it. The owner of the company, Johnny
Aaughtman and her husband Bud, bought the company in about
1985. She recalls that when they took over the company, the
City of Denton was still doing that practice.
it is my personal belief, I can't swear that we had it there,
but it is my personal belief, to the best of my knowledge and
recollection in the facts that Mr. Hill recalls coming in and
signing the plat two days before the NZ meeting. I feel that
it was in the UZ Commission's hands at the time. From that
paint, the city sent it on to the county. At one time, the
county had to sign it and send it to Austin for microfilming
before they filed it and gave a volume and page to it. I feel
somewhere in the governmental process, it was dropped. There
is a possibility we didn't get it to the city, but from the
best of my knowledge and belief, that wasn't our, fault. That
does not change the fact that we do not have a valid plat in
force. Mr. Hill understands that. We all understand that.
T,►• staff has been extremely cooperative. The City attorneys
felt like they were too extremell cooperative at one point.
And we donOI want anyone to have to do anything illegal, but
It just seems that Hr. Hill came in and played by all the
rules and should be entitled to a building permit. Hopefully, {
you can do whatever you can to address that.
I think basically conditions 11 and 13 there is no opposition
from the staff that those are net, 12 they don't feel that we
meet. basically the only tt ing that we have is that there are
{ no sidewalks on either siid, 'there is developed property on
both sides. There is a little bit of sidewalk attached to the
bridge that goes under cc-%rete. we do have some telephone
poles in Che way, I know i don't have power to correct this
clerical error, nor does city staff. Hopefully the city
council doec and any help you can give us in doing this, we
would appreciate,
Mrs. Russell, Did this problem become apparent when you ,
started to do something with the property recently?
Mr. Edwardss Yes, after it was approved, shortly thereafter,
Mr. Hill didn't have any particular plans for the property and
then we had the recession. He has been under the impression
that he had a filed plat for the last 8 01: 10 years. Another
individual that he knows that he wants ~o try to help get into
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Minutes 862 Commission
September 28, 1991
Page - 4o^d4 No
J ~d3!ty)
q~ ~21
business is interested in purchasing the props . O r7o$/y
a
understndinq is that they are interested in putting a
landscape business. Basically, a maintenance shop and doing
a little bit of storage for the materials that they use. That
is in accordance, I believe, with the zoning on the property.
They have talked to Jackie Doyle about the buildings rind
planning on doing that. Mr. Hill has been held up for about
four or five months while we have struggled about how to
resolve this issue. That is how we have gotten to this point. E
lire Russell: He didn't make any attempt to oamody this
because he didn't know he had a problem?
Hr. Edwards: That is correct.
Mr. Cochran: This is another one of these odd situations that
we get ourselves into here. It is kind of unfortunate since
we really don't know what happened, whose fault it was, or
down the line who caused this. My feeling on the subject is
that it is the owners responsibility to make sure the plat is
filed. It is not necessarily the city's responsibility to
rG point it out to them. If they allowed that dead line to go by
' lr~ and the rules change at that point, then the riles have
rti~r changed. If it were another area of the community that i
didn't feel sidewalks would be as important as they are in
;c. this area of the community. If there vas not as much
pedes- trian traffic in that area, I misht feel a little different.
I feel on East Hickory Street there is a fair amount of Vedas-
Irian traffic and I hate to see people have to walk into the
street because of the clerical error and for that reason 1
' mc•ie we deny this petition for a variance.
y Mrs. Schertz: I second.
Mrs. Russell: All in favor of the motion? All opposed? The
variance is denied (5-0).
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DRAFT
City Council Minutes 10-4-84 IQ00da 10 *0'E, (?tl
7. Tho Council considered a variance tc, Section 3<-~}4(17 ,~rgq
Subdivision and Land Development Regulations for Lot t;'Bloc3cy -0th
the Fred Hill Addition. The 1.781 acre site was located on the
south side of Hickory Street at Bradshaw Street. (The Planning and
zoning commission recommended denial 5-0).
Frank Robbins, Executive Director for Planning and Development,
stated that this variance was associated with platting. The
Planning and Zoning commission had recommended denial of the
request with separate recommendations on the plat. The original
plat was approved in 1984 but for unknown reasons it was not
recorded. At the time when the plat was approved, sidewalks would
not have been required on South Hickory. It was not known why thl
plat was not recorded. It has been thought that since the plat had
been approved but not recorded, that the plat 1.3 presented to
Council again to be recorded and apply the ruiaa which were
applicable in 1984. That option was legally inappropriate. Thus
there was a new plat which should follow the new regulations and
therefore a variance to the regulations was requested in order to
be processed. The Planning and Zoning Commission did not believe i
s the variance request met the standards associated with the area of
uniqueness. There was no unique situation associated with the
topography or the way the sidewalks would be built which would be
precluded because of the areals topography or a condition which was
uncommon to this area as to other locations.
j Council Member Smith asked it an unusual circumstance would be the
fact that it was not known why the plat was not filed. She asked
why the 1984 rules would not apply.
s I
Robbins replied that the variance standards applied to a physical
feature or the ground as opposed to a situational circumstance.
Council Member Smith asked it there was a basis for a judgement on
circumstantial situations.
Robbins replied that staff had attempted to take that into account
and that formed the basis of an initial administrative
recommsndition that that situation be taken into account and that
sidewalks not be required. Legally, that was inappropriate without
going through a variance procedure. The variance language dealt
not with a situational issue but rather addressed the physical
characteristics as related to thu required improvement.
Council Member Smith asked why the 1964 rules did not apply.
s';+ Robbins stated that staff, at one point, was working on not a
- variance but rather a finding which would involve a difference in
how the plat was processed. That finding would indicate that the
plat would be grandfathered but found that that was legally
inappropriate. within the variance procedure, the Council could
use its best judgement on a unique situation given the information
h
DRAFT
provided. ;ca;'fy 57
1 Fred Hill stated that this situation came about as a'r
C not checking cn the details. In 1983 he received approval of the 9
plat for the City Council and planned to build a shop on the site.
I In the process of not building that shop, he did not follow the
process to be sure that the plat had been filed. He had paid all
1 the necessary fees and went before the Zoning Committee. He felt
that everything had been completed. Upon further checking several
months ago, he discovered that the process had not been completed.
To be required to develop sidewalks would further depreciate the i!
investment in the property. He requested a favorable consideration
on this request for a variance.
Greg Edwards stated that he represented Mr.Hill in 1984. Based on '
lain research regarding this issue, he believed that someone in the
City did not Cile the plat. The Planning and 2•.ing Commission had
reviewed the plan, had all the signed copies, had all the
improvements needed and, was just c matter of the City filing the
plat. Mr. Hill had done everything the City asked him to do but
Mr. Hill did not check to make sure the City did all they were to
do.
Council Member. Perry stated that there was no copy of the plat or
a record of the plat.
Edwards replied correct. In 1984 the company was known as Fields,
Edwards and Associates. Mr. Fields sold the company to Metroplex
Engineering. The company grew in the 1980's but as the economy
went down, the company size decreased and records were stored in a
varisty of locations. There were no files on this particular case.
At the time the Planning and Zoning Commission considered plats,
all the filing documents had to be completed before being
considered.
Cott motioned, Smith seconded to grant the variance.
City Attorney Drayovitch stated that the uniqueness referenced the
F actual condition of the property and this being the case, she
offered to meet with Council with further legal advise.
Mayor Castleberry indicated that the discussion would not be in
open session.
City Attorney Drayovitch stated that the discussion might not be
best served in open session.
Council Member Cott and Council Member smith withdrew their motion
and second.
Cott motioned, Brock- seconded to postpone the item until the
October 18th meeting. on roll vote, Brock "aye", Cott, "aye",
Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
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DRAFT
I Edwards suggested that the staff might research the possibility of
extending the preliminry plat and approve the plat based on the
1983 preliminary plat. Cenerally this had to be done wihin 2 years
but it did not prohibit the City from extending the plat past that
time. The extension could be given up to 10 years and this night j
be an alternate avenre to grant the variance on the sidewalks,
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ATTACHMENT 3 METROPLEX ENGINESPINO CONBULTANT9, INC.
ENGINEERWO LAND PLANNNO ~RbEYYdO
Sol 8. Carroll Blvd., 8ulta D 76203
~ pENTON, TEXAS 101 ,
697-383-141B Dallas Direct 219-7948
Tort Worth Direct 329-3834
racsimils 817-383-1437
s
October 18, 1994 J.O.# 94-028
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City of Denton 9
Agenda?le~•----
Attn, Mayor
r,
215 E. McKinney
w mid
Denton, TX 76201
RE: Fred Hill Addition
Dear Mayor Cast'eberry,
%
Dug to unavoidable commitments, it appears that Mr. Hill and myself will miss the
} } City of Denton Council meeting tonight. Mr, bill wiil be directing a funeral which is Y
k r scheduled to begin at 7:00 p.m., and 1 am required to represent Hickory Creek City
Council at their meeting this dvening at 7:00 p.m. r.
wa. r
} :a There was some o. kern addressed at the last Council meeting about meeting
the five variance criteria: The following is a brief justification on how the proposed
rr addition meets the variance criteria. `
Criteria 1. The granting of the variance will not be detrimental to the public safety,
r.
health, or welfare of injurious to other property,
S
1. The proposed variance would not change the existing condition which does not
appear to be a health, safety, or welfare hazard at this time. There are no sidewalks on
either side of the development Installing the sidewalk would not improve pedestrian
conditions on either side of the proposed development. 4
based are unique
Criteria 2. The conditions upon which the request for a variance is I
to the property for which the variance Is sought and are not applicable generally to other
prop"; .
2. Mr. Hill went through the development process on the property in 1984 vyhen
sidewalks were not required. A clerical error in filing the plat has denied him the
development rights he thought he had obtained. This condition is specific to this
property, and your approval will help correct the situation created by the clerical error. I
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Criteria 3. Because of the particular physical surroundings, shape or topographl&l
conditions of the specific property Involved, a particular hardship to the owner would
result, as distinguished from a more inconvenience, if the strict letter of these regulations
is carried out;
3. There are developed properties on both sides of the development which do not
have sidewalls and, the prospect of getting sidewalks In these areas are low.
Approximately 581* of the property is considered floodplain, and the shape of the
property is such that the length of the frontage is two (2) to three (3) timos the length
normally required to serve a 0.753 acre lot. These conditions limit the use of the
property but increase the relative cost of public sidewalk Improvements. Mr. Hill had
negotiated sale of the property based on ft assumption that his 1984 approved plat was
valid and, denial of the variance could cause Mr. Hilt to lose the sale of the property or
to take a loss on the property. Either case would be a significant hardship to Mr. Hill.
Criteria 4. The Variance will not in any manner vary the provisions of the Zoning
' Ordinance, Denton Development Plan, Master Plan or Studies, except that those
documents may be amended in the manner prescribed by law,,
4. Front our discussions with City Staff, a City of Denton Master Sidewalk Plan or
Study does not exist. To the best of our understanding, the Zoning Ordinance and
i Denton Development Plan do not require or make specific recommendations concerning
sidewalks In this location. The Subdivision Ordinance appears to be the only City of
Denton document that addresses sidewalks, and we are following its procedure as
prescribed by law to vary the requirement
Criteria 5. The special or peculiar conditions upon which the request is based did not
result from or were not created by the owner's or any prior owner's action or omission.
b. The conditions that the variance is based on relate to the physical surroundings
i to fife property, amount of floodplaln on the property, shape of the property, and the r '
i , clerical error which caused his 1984 final plat to not be filed. Mr, Hill paid all the required
fees and provided all the required documentation for the City of Denton to file the final
# plat approved In 1884. Mr. Hill in no way prohibited the City of Denton from filing the
plat, nor did he do anything to create the physical surroundings, floodplain or shape of
the property.
hope that this information will assist you In evaluating and approving ft variance
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request. We appreciate all the time and effort that the City of Denton Staff has
contributed In trying to resolve this situation.
t ; f At the time we requested the variance, it was our understanding that the City
Council could legally approve the variance) We believe the City Council has the power
and authority to help correct the clerkal error that has caused Mr. Hill's problem on the
J Fred Hill Addition, and respectfulty request your support, =y
I. , Sixerely,
Or' Edwards, P.EI
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I
n.
Minutes
Plannin and 'toning CommissiongzpdaNlo
anuary 25, 1984 4:110;
Tae reguiar meeting of tue Planning and toning Commission of tae
City of uenton, Texas was neld on Wednesday, January 25, 19d4, at
5:00 p.a., in the Council Chambers of the Municipal Building.
r Present: Ruby Cole, Bill Claiborne, R. B. Escue, Jr., Gary
Sidor
Juren, gobert LaForte, Tom Pearson and And
i
Aosent: None
' Present from Staff: Cnarles Watkins, Senior Planner Jerry
Clark, Senior Civil Engineer; Koorosh Uiyai,
Transportation Engineer; Tin Fisher, Civil Engineer;
Julia Moore, Planning Assistant; Elizabeth Evans,
Planning Assistant, Louise Coleman, Secretary
1. Approval of the minutes of the regular meeting of
December 14, 1983.
Hr. Eicue made a motion to approve the minutes of the
f re ul'ir meeting of December l4 1N83, seconded oy Mr. Sidor,
vote was called, motion carried 5-0.
11. Consent Agenda
I
Eacn of these items is recommended by the staff and approval `
thereof will be strictly on the oasis of the start recom-
mendation. Approval of ti:e consent agenda authorizes the
f Director of Planning and Community Deaeiopment or uis desig-
nee co proceed with each item in accordance with the staff
recommendation.
{
A. Approval of tue preliminary plat of the Bent Oak
# Addition.
8. Approval of the preliminary plat of the Kentwood
Addition.
l C. Approval of the preliminary plat of lot 1, block 1,
Jones Addition.
i
i f" i x ;plat , (lqe; o{ rACord) d ttu,;
E. Approval of the tinal plat of the Royal Meadows
Addition, Phase 1.
j
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Offf0/DENM, TFUS MUNICIPAL SUlLDING DENTON,TEXAS7620! -TEL EPHONE(817) 6668307
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* I TO$ Lloyd V. Harrell, City Manager
y j FROXI Rick Svehla, Deputy City Manager
jt DAT28 October 21, 1994
/USOaC?i Amendment to the Freese i Nichols Contract
All,
Attached is an amendment to the Freese & Nichols contract in the
a'sosnt of $5,979, This amendment is for engineering work on the ` j
"localizor.It You and the Council may recall the grant for a
5 $1,475,000 has all ready been received by the council. The grant
includes money for this $5,979 Change order for engineering work.
f~ Originally, the FAA was going to take the localizer down and put it
i# back up. Subsequent to that, plans were changed for the contractor
to actually do the foundation work and then for the Federal,
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government to restore the Nlocalizer.M That necessitated the need}
f_ e"A r for: this additional work by Freese & Nichols. Because of the '
xr~
" timing issues of trying to get the plane ready so that the grant
could bireceived , before the and o! September, we included it in
the grant and thus the money is there. This simply is a way for us.
to rectify Freese & Nichols contract in order for payments to be
made per Federal requirements.
b Thus, since this is covered by the grant, the actual coat of this
work to the City of Denton will be approximately $600. If 'or '
the Council has any questions, I would be happy to try to yo anuswer
s then t y
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Attachments
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER FOUR
Tq THE,AGREEMENT WITH THE CITY,OF DENTON AND FREESE AND NICHOLS,
INC. FOR PROFESSIONAL ENGINELRING SERVICES FOR IMPROVEMENTS TO THE
DENTON WMI&PAL AIRPORTI AND PROVIDING FOR AN EFFECTIVE DATE.
E THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
f
SECTION i. That the Mayor is authorized to execute Amendment
Number four to the Agreement betveen the City of Denton and treese
and Nichols, Inc. for professional engineering services for Is-
provements to Denton Municipal Airport, a copy of which is attached
hereto.
Sj=IION II. That the City Council hereby authorizes the
expen- diture of funds not to exceed $77,385 in the manner specified in
the Agreement.
Agtrom. I. That this ordinance sht.l become offective ismed-
iately,Upon its passage and approval. I
} POW AND APPROVED this the day of 1994.
BOB CASTLEBERRY, MAYOR
i
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
r by,
APPROVED AS To LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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AMENDMENT NUMBER 1
TO UN AGREEMENT FOR ENGINDERINQ BIRVICBB BETWEEN
THE CITY OF DENTON AND FREEBE AND NICZOL8, INC.
FOR AIRPORT IMPROVEMENTS p
RUNWAY AND TAXIWAY EXTENSION (10000) !
The'Agreement for Engineering services entered into and on the 20th day
of December, 1988, by and between the City of Denton (OWNER) and Freese
and Nichols, Inc., (ENGINEER) shall be amended as set forth herein. The
said Agreement is attached, togsther with Amendments Number One, Two and
Three, and is hereby amended by the addition of the following wording to
section IV Additional Services and Section VI Compensation. This
Amendment shall provide for the relocation of the Runway 17 Localizer and
shall read as follows, to wit:
IV. Additional Services!
Relocation of Runway 17 Localiser:
Pursuant to paragraph III B. 40 of the Agreement for Engineering
Services as t.mended by Amendment Number Three, the scope of work for
the project is hereby revised to include the relocation of the Runway
17 Localizer. ENGINEER shall prepare designs, drawings, and plans
I for the relocation of the Runwa 11 Localizer and
y , perform
is construction phase services through closeout phase agrvices for the
relocation of the Runway 17 Localizer. OWNER shall pay ENGINEER Five
x Thousand Nine Hundred Seventy-nine Dollars ($5,979.00) for the
designs, drawings, plans and services regarding the relocation of the
Runway 17 xocaliiter.
Infield Drainage Improvements:
Field surveying shall be performed for the preparation of designs,
drawings and plans. Existing Bsnchaark data located on the airport
shall be used to establish survey control.
VIL other additional services:
{ Other additional services as listed in Section IV. of the Prime
Agreement may be requested by the OWNER.
VI. Compensation Runway and Taxiway Extension fLQQA
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Compensation to ENGINEER for the work defined above shall be as follows:
eDescription
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N AM= Staturl
f;s aPreliminary Design Phase $57,556 Completed i Paid
Contract phases iII.B i III.C (Lump Sum)
Final Desi9n through
closeout $330851
Phase Contract Phases III.D Active, No Payment
Sum
(Lump )
to 111.0
Additional services for $ 5,979 Active, No Payment
Localizer Relocation (Lump Sum)
TOTAL $77,386
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ApsndaNa u "CaS~
: Ar~sc~dsltar
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Other services shall be based on Attachment A to Amendment Number Three,/
Schedule of Cnarges, if requested by the OWNER.
f Any applicable new taxes imposed upon services, expenses, and changes by
any governmental body after the execution of this contract will be added
as necessary to the ENGINEER'S compensation. Progress payments may be
requested by the ENGINEER based on the percent complete. Requests for
progress payments will not be more frequent than monthly.
This Amendment 4 is executed in two counterparts, on this the day
of , 1994.
ATTSSTi CITY OF DENTON
OWNER
{
" 'X ENNII►SR VALTZRS, AOB CASTLEBERRY, r
t :CITY, BLCRB'1'ARY !MAYOR
ATM V FREBSB ANDNICIIOI;S INC
ENGINEER
'APPROVED A9, TO I,MAL FORMS
DgB$11 A: D}111YOVIft#, - CITY ATTORNEY
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ORDINANCE NO.
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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ;OUR
ti TO THE AGREEMENT WITH THE CITY OF.DENTON AND FRFESE AND N-CHOLS,
+ INC, FOR PROPESS104AL ENGINEERING SEkVICES FOR IMPROVEMENTS TO THE
rya';, DENTON MUNICIPAL AIRPORTI AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY of DENTON HEREBY ORDAINSs I
LION I. That the Mayor is authorized to exwcuts Amendment
~ air
Number Four to the Agr6asent betwson the City of Denton and Freese ;
and Nichbis0 inc. for. professional engineering services; for is- ;
a° provaeents to Denton Municipal Airport, a copy of which is attached
horito.
w*R $ir ioN it That, the City council hereby authorizes the expen- `
diture~'of funds as specified in'the amended Agreament.
BECTTON jII. That this ordinance shall become effective immed-
` ~y a si6tsly upon-its age and approval. z
+r f f';PASSED AMD APPROVED this the day of , 1994.
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BOB CA TLEBRRRY F AYOR
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ATTEST
JENNIFER WALTERS, CITY SECRETARY s
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"i APPROVED AS TO LEGAL FORMS
' 1a3t DEBRA A. DRAYOVITCIt, CITY ATTORNEY i . f
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BY:
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RESOLUTION NO. 03/
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CONGRATULATING THE UNIVERSITY OF NORTH TEXAS IN ACHIEVING THEIR
DIVISION I-A STATUS IN FOOTBALL AND THEIR ACCEPTANCE INTO THE BIG
WEST CONFERENCE.:
WHEREAS,•the UNIVERSITY OF NORTH TEXAS ("UHT") on October 18,
•1994 announced its acceptance into the Big West Conterencej,and
WHEREAS, the.UNT football program will move from, a Division
s i=AA to a Division I-A level of compoiitionj and
WHEREAS, movement of the UNT football program fro* a Division
I-nA•to.a Diviiion I-A level of competition and the acceptance of `
UMT into the'pig West conference will increase UNTfs exposure and
greatly benefit'both UNT and the City of Denton] and
WHEREAS, bNTto success ,in joining the Big Nest' Conference and,
iaovcrosnt""from !a Division I-AA to a Division i-A level of
competition in football deserves the,- recognition' and
cor4ratulations-of the city of Denton) NOW, THEREFORE,
THE COUNCIL OF. THE CITY OF DENTON HEREBY RESOLVESI
SECTION I. Thst the City of Denton does hereby and herewith
congratulate the UNIVERSITY OF NORTH TEXAS on its huge c::ccess in'
s the Big Nest Conference and moving to a Division I-A level
of competition in its football, program,
I SECTION 11. That this resolution shall become effective
immediately upon its passage and approval.
` PASSED AND APPROVED this the day of , 19940
a,
BOB CASTLEBERRY, YOR
j=
' ATTESTi
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEOAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CITY COUNCIL• REPORT FOR_MRT v
Too Mayor and Msmkms of the City Council
FROMI Lloyd V. Harrell, City Manager
sU&UCTI RESOLUTION ON UNFUNDED MANDATIS
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j' Staff claws -,ds approval. !
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NUNMARYI
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For the second consecutive year, the National League of Cities and the
Texas Municipal League are encouraging local governmentp to participate
in National Unfunded Mandates Mask October 2e-300 1991. "Se purpose is
to draw public attention to the issue of unfunded mandates and to urge Ss
federal legislators to reduce the burden of unfunded mandates on out
' netinto 's cities and local taxpayers.
To' this end, the attached resolution has been prepared for your
consideration. Staff is also preparing a letter to the Texas
Congressional delegaEian for the mayor's signature, stiff will also
t issue a news release to local media on this issue.
p$QG)~13. DNPUT&Mrs OR aROWA AYnCTSD1
s Milan s, City Council, Denton City government
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FISCAL 1x_oiaC7ri
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Mapectf fly submittedi
Prepared bye Lloyd Ve Harrell
City Manager
R a at roster
Public Information officer
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RESOLUTION NO. ~j
A AESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING THE EFFORTS OF
THE NATIONAL LEAGUE OF CITIES AND THE TEXAS MUNICIPAL LEAGUE TO
FULLY INFORM OUR CITIZENS ABOUT THE IMPACT OF FEDERAL MANDATES ON
OUR CITY FINANCES AND THE. POCKETBOOKS OF OUR CITIZENS, AND PRO-
VIDING AN EFFECTIVE DATE.
if
WHEREAS, federal unfunded mandates on city governments have
Id. increased significantly in recent yearel and
WHEREAS, federal mandates require cities to
without consideration of local circumstances or capacity andties
R VHEREAS, federal mandates require compliance regardless of
other i
pressing local needs and priorities affecting the health,
welfare, and safety of municipal citizens; and
' WHEREAS, excessive federal burdens on cities force on citizens
and taxpayers either higher local taxes and ress, reduced local
services, or bothi and
,a
ty WHEREAS, federal mandates are too often inflexible, "one-size
fits-allE requirements
-that impose unrealistic time frames and
specify procedures or facilities when less costly alternatives
r4; a might'be just as effective; and
`y WHEREAS, existing mandates impose harsh pressures on local
budgetst and
WHEREAS, the cumulative impact of these legislative and
regulatory actions directly affects the citizens
of our cities; and
WHEREAS, the National League of Cities (NLC), in conjunction
with other state and local government representatives and stator
municipal leagues, including the Texas Municipal L.eaque (TML), has
begun a national public education campaign to help citizens under
1 stand and then reduce the burden and inflexibility of unfunded
R mandates; and
WHEREASp the week of October 24 through October 30, 1994 has
been designated "National Unfunded Mandates Week"; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESf
SaC~ IoM i That the City of Denton endorses the effort's of the
National League of Cities and the Texas Municipal League and sup-
ports working with NLC and TML to fully inform our citizens about
the impact of federal mandates on our City finances and the pocket-
books of our citizens.
c
Age,
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Agcr~a~te + j
Data
SECTION 11. That the City of Denton endorses the events that e
will continue this process.
j SECTION 11I• That the city of Denton resolves to redouble
efforts to inform and work with members of our congressional dele-
gation to inform them about the impact of federal mandates and
actions necessary to reduce their burdens on our citizens.
SECTION V,- That this resolution shall become effective immed-
iate y upon its passage and approval.
ON ION V." That the City Secretary is hereby directed to
forward a copy of this resolution to the National League of Cities
and the Texas Municipal League.
i PASSED AND APPROVED this the day of , 1994.
,
BOB CASTLEBERRY; MAYOR
F
ATTE$Tt
it"IFER,41ALTERS~ CITY SECRETARY
BYI : 41
.%PPROVED AS TO LEGAL FORMI
t:EBRA A, DRAYOVITCHs CITY ATTORNEY
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