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HomeMy WebLinkAbout01-01-1980 y AGENDA CITY OF DENTON CITY G UNCIL April 1, 1980 Regular Meeting of.. the City of Denton City Council Tuesday, April 1, 1980 at 700 P.M. in the Council Chambers of the Municipal Building, Broadcast live on KNTU Radio, 88.5 F.M. 1. Public Heaiingss A, 1. Consider final action regar.iira the request of y the Planning and Zoning Commission for annexation of approximately 314,9 acres of land belonging to Texas Instruments. 1 2. This is the petition of the Planning and Zoning Commission requesting light industrial (LI) r zoning classification on a tract approximately 314.9 acres in size. The property is located on the nirth side of Highway 77, adjacent and east of Bonnie Brae Road. This property is owned by Texas Instruments. (The Planning and Zoning Commission recommends approval.) ~x 2. Consider a recommendation from the Parks and Recreation fsr C Board relative to the policy concerning participation in I City League sports by non-resident teams, 1 I 3. Consider adopting an ordinance authorizing the issuance of Certificates of Obligation, Series 1980. (Library expansion.) ro 4. Consider awarding bids for the Library expansion. 5. Ordinancest A. Consider adopting an, ordinance instituting final action regarding the request of Mr, H, 8. Osborne for annexation anA Agricultural (A) zoning classification on a tract approximately 37.5 acres in size. :ne IJ; property has approximately 40 feet of frontaye along the east side of Country Club Road (PH 1830) and begins approximately 1800 feet south of the intersection of Hobson Road and FM 1830. (The Planning and Zoning Commission recommends approval,) s t s y1 i City Council Agenda April 1, 1980 Page Two B. Consider adopting an ordinance removin certain portions of Crescent and F,:lton Streetsg and establishing a five minute standinjonly zone of on the R ceenrtaonin Ppuborlticion of Fulton Street n front tHigh School, (The Citizens Traffic e safety Support Committee recommends approval,) C. Consider adopting an ordinance amendin A the comprehensive zonin g g PPendfx B new ordinance b Article 28A entitled "Historic Landmark P eservation 6. Consider financing for the widening of Loop 288 from the MKT Railroad Tracks to I-35E, a A. Consider a resolution authorizing the signatures and the signing of the escrow agreement with the State. B. Consider a resolution authorizing the financing for the widening of Loop 288. 7. Consider a contract with the Denton Girls Softball Association for umpire services for all Girls' Youth League softball games, (The Parke and Recreation Board recommends approval.) 8. Consider the final plat of Planning and 'Zoning Commission re okends dental.) (The a I { 9. Consider final payment to LWFW Consultants for ) Reservoir Financial Feasibilit Aubrey Utilitiej Board recommends a y study, (The Public pproval,) 10. Consider final payment to Claude Smith Construction Co, for overwidth paving on Kings Row. Lj ll. Consider a participation in 16" oversize water lines along IH-35W, (The Public Utilities Board recommends approval.) 12. Consider setting the April 8, 1980 Study Session Agenda, f 13. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basin of the Staff recommendations, L` authorizes the City Mangerp or hiso desig eeoto nimplement each item in accordance with the Staff recommendations. E i i a ~ ,a I City Council Agenda April 1► 1980 Page Three A. Bids/Purchase Orders 1 1. Bid 18748 Pickups 5 Vane 2. P.O. 142187 Emergency Repairs Rig $9936 to Darr Eqpt. Co. for $4►629.16 B. Plate 1. Consider the final replat of Owsley Park Addition. i 2. Consider the final replat of Schmitz and Ripy Addition. 14. Executive Session A. Legal Matters B. Real Estate C. Personnel D. Board Appointments i 15. Consider Board Appointments i r 1 i ~ a 1 i City of Denton Memorandum April 1, 1980 Agenda Item: A. Consider final action on an ordinance regarding the request of the Planning and Zoning Commission for annexation of approximately 314.9 acres of land belonging to Texas Instruments. 8. This is the petition of the Planning and Zoning Commission requesting Light Industrial (L1) zoning classification on a tract approximately 314.9 acres in size. The property is located on the north side of Highway 77, adjacent and east of Bonnie Brae Road. This property is owned by Texas Instruments. Summary: The petition of the Planning and Zoning Commission for annexation of a 314.9 acre tract belonging to Texas Instruments comes before the City Council for final action at this time. The petition for annexation has completed the public hearing process, and all state requirements regarding annexation have been met. Recommendation: The Planning and Zoning Commission unanimously recommends approval of the Texas Instruments annexation. Action Required: To complete the annexation process the City Council should move to adopt the annexation ordinance prepared by the City Attorney. If the annexation ordinance is approved by the City Council, a public hearing ! concerning the request of the Planning and Zoning Commission for Lig,.t Industrial (L1) zoning classification of the Texas Instruments property should be conducted. At the conclusion of the public hearing the City Council should move to adopt the ordinance zoning the property Light Industrial (LI) in order to complete the zoning process. Exhibitsi A. Memo 8. Ordinance C. Recommtndation 1 0. Map I E. Zoning Ordinance t Y I 1 i ORDINANCE NO. i AN ORDINANCA ANNPXING A TRACT OF LAND CONTIGUOUS AND ADJACENT' TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 13,719,635.75 SQUARE POET OF LAND I LYING AND BEING SITUATED IN 18E COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE J. S. COLLARD SURVEY ABSTRACT NO. 247, A. WHITS SURVEY, ABSTRACT NO. 1406, AND THE k, WADE SURVEY ABSTRACT NO. 1407 DENTON COUNTY, TBXASt CLASSIFYING THE SAME Ah AGRICULTURAL "A" DISTRICT PROFERTYI AND DECLARING AN EFFECTIVE DATE. WY.EREAS, the request for annexation was Introduced at a ~ '-egular meeting of the City Council of the City of Denton, Texas, on the petttioo of the Planning 8 lOning Comalsstont and WHEREAS, an opportunity was afforded, at i public hearing held for thr,t purpose on February 19, 1980 for all interested persona to state their views and present evidence bearing upon the annexation provided by this ordinoncq 4nd 1 0, I WHEREAS, this ordinance has been published in full at least Ik one t'me in the official newspaper of the City of Denton, Textso prior to its effective date, snd after the public heortngs; NOW THFR UORE, THE COUNCIL OF THPa CITY OF DENTON, TEXAS, ti HEREBY 6kDAINS: SECTION to ; i That the hereinafter described tract ofland be, and the saae to hereby annexed to the City of Diatom, Texes, and the one is made hereby a pert of said City and the land and the present and future Inhabitants thereof shall be entitled to all the rights and privileges of other cittseas of said City and shalt be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein, =hall be . subject to and shall bear its prorate part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to•eit: Being all that certain lot, tract or portal of land-lying and being situated in the County of Deaton,'State of Texas and being 4 part of the J. S. Collard Survey Abstract No. 2970 t~i• As White Abstract No. 1406 and the N. Wade Survey, Abstract No. 1407, and being more particularly described as follows: BEGINNING at a point In the existing Denton City Limits Litre as established by Ordinance No. 61.43, sold point of beSlnni:ig also being the southeast corner of the J. S, Collard Sutvay, Abstract No. 397, and also being the most wsstarly southwost corner of the T Tobyy, Survey. Abstract No. 1238, and lying to the centerline of Riney Road; i I I . 1 -a•rr.A.. .....r.. Vd.' way... . . r...~..... ..~yi . 11 nra_NC•E north 880 37' 36" west along the south boundsRryryry Ilne of aadistinei Collard t to blt# riin tA' northeast right of way line of U. J. highway 77; T11MCE north SEO 08' 36" west along the northeast right Of way line of U. S. Highway 77, a distance of 884.11-foot to a points THENCE north SOO 09' $6" west along the northeast right of way t Aline crner .sameHbeingythe asouthacorner ofS0a corner riteftoiiL the present intersection of the northeast line of U, S. Highway 77 with the east right of way line of Bonnie Brae Road= THENCE north 340 42' Oil west along said corner cutoff line a . distance of 26.60 test to a point for a corners THENCE north 00 12' 131 east slon the east right of way line of corners Brae Road a distance of 3045.03 feet to a point for a THENCE south Ego S6' 03" "at a dirrsyytance ci 414S. 6,1 -feet 'to a pp Survsy, for same being the twist boundary 11no o£ said T.dToby iurriy; THENCE south 00 501 39" west along the east boundary line 'of said J. S. Collard Surrey, same bain!! the west boundary line of ' said T. Toby Survey a distance of 1,265.05 feet to a point; THRICE south 00 S2' 08" west, along the east boundary line' of said J. S. Collard Surveys sane beta the west boundary, line , of said T. Toby Survey, a distance of MS.59 feet to the place of beginning and containing 13,710,635.73 square feat of land, store or less. SECTION II. The above described property is hereby classified as Agricultural "A" District and, shall so appear. on t:hi offlelal soning trap of the City of Denton, Texas, which map is hereby ' amended secordintly. SECTION 111. This ordinance shall be effective imnediitely upon its ' Passage, PASSED AND APPROVED this the day oil A. D. 1980. ME HASH -KATO j CIT Y OF DhTON, TVA$ i ATTEST: MORS ' CITY OP DENTON, TEAS I APPROVED AS TO LEGAL FORA C. J. TAYLOR JR. CITY ATTORNEY CITY OP DEMN, AXAS BY: griybM+ . _ •~~~+'1•.rF"`7ti'~" `!'M.l1YM,r.a rBw Planning and Zoning Commission Recorra,endation to the City Council Z-1408 April 1, 1980 Identity: Z-1408 This is the petition of Mr. Dale Cunningham requesting that an approximately 295 acre tract be annexed and zoned Light Industrial (LI). This tract is located on the north side of Highway 77, between Donnie Brae and Riney Road. Report and Planning Commission Recommendati3n: This tract is located in an area that is predominantly undeveloped. There is a drive-in theater located on the south side of Highway 77 across from t1M property, and there are several homes located near the southeast corner of the tract. The remainder of the area surrounding this property is typically in agricultural or very low density single family use. The property itself is bisected by the proposed corridor for Loop 288. The question of whether public facilities are adequate depends largely on how the property is developed. Water service is relatively close and can be extended to the property and there is adequate capacity in the line. Sewer service would ! probably need to be extended from the area around North University Place. There ! is adequate capacity in this line for a plant emplcying 3,000 persons, assuming no industrial waste. There are no unusual drainage problems apparent on the property. This tract has street access to Highway 11 and aonnie Brae Street and, of course, will eventually have street access to Loop 288. Hi hway 77 connects to 1-35 and leads into the city by Elm Street. The property also has direct access li to Bonnie Brae which leads to Windsor and University Drive. The Public Works Director has reviewed access and traffic potential of the site. It is assumed that Texas Instruments will build an assembly plant on the property. He is also assuming a work force of 3,000. If these assumptions are correct, the Public Works Director believes that there will be significant traffic congestion ! in the vicinity of this site until such time as the loop is completed. It is likely that Bonnie Brae pavement would have to be improved within a short period, j particularly near the intersection and a traffic signal installed at the Bonnie arse i intersection with Highway 377. i On the land use issue, this proposal is at variance with the .o.n rehensive Plan. The property is proposed for Light Industrial (LI) zoning. The Comprehensive I Plan indicates that the area, both north and south of Highway 779 shn,ld be developed j for residential use. The Planning Commission feels it is ;uastionable whether tho i area irunediately adjoining the Loop will actually be developed for single family use. The Planning Commission is recommending that the request for light Industrial (LI) zoning be approved as submitted. The Commission felt that, if this site is developed E with the typical campus type assembly plant that T1 has built elsewhere, it is reasonable to expect that the nearby area will still be suitable for residential use. t Z-1408 Page 2 A local example of a light industrial plant, on a much smaller scale, built near a residential area is the Jostens plant or, I-35. The Commission felt that the the city e problems involving traffic and street maintenance could be overcome by with sufficient notice and through cooperation by the oetitioner important consideration in the Comnissioner'; decision was the 4enefits th,e e city would realize involving additional Jobs and tax revenue through the development of a TI plant. f I ~ I 1 I ` I I Z-1408 + ~.+u r Existing d!'cy`LimM' tSna" 1 ~ I i - F J t • 2000, Ih i h ; I ~ NO MIS' CE rVVENOLNG rHE :DNING S-AP OF THE CITY OF DENTON, IL:.tS, .S3 `t~lf IWAS QUPTED AS V. APPENDIX TO THE CODE OF ~i,,VMNASCE3 JP TIIE CITY OF DE.NTON, TVAS, BY ORDIN0CE ;JO. 69.1, AND AS SAID SIAP APPLIES TO THE R°_L:11.1 LISTED PROPERTY AS S60wN THIS 0M ON THP. 07FLC M W MA.d OP THP CITY OF D"NTON, TEAS, AND AORE PA,ZTICULA'lLY DESCR:ItiED THEREIN; AND DECLARING AN { EFFECfIYE DATE. rHE COUNCIL OF THE CITY OF PENTON, TEXAS, HERESY ORDAINS; SECi!" I, That the Zoning %lap of the Cit>' of Denton, Texas, adopted the 11th aa;• of January, 1964, as an Appendix to the Code of Ordinances of the City of Denton, Texas under provisions of ordlnancs No. 69.1, he, and the same 1r hereby amen!od as ( folleus; All tho herilnaftor le•,crlbed property is hernhy raxoved from th'+ Agricultural "A" District 11 shown on said "oning Map, 11J al: provisions of Ordinance Na. A9.1, adopted the 14th day of JanLSry, 1959, as amender], shilL hereafter apply to Sall property as Light Industrial 'LI" District in the lama manmar as ocher property located LA the Lt ,ht Industrial "Lill District anJ pure particularly described as llollw+s: 81In2 ill that eertoi6 lot, tract or parcel of land lying and buiag situated in the County of Denton, State of Texas, and ,i .icingg part of the J. S. r.otLlyd S.trvsy, Ahstract No. 297, the 1. 'dhite Survey, Ahstrn-t No. 1015 and the N. Wade Survey, lbstract No. Ltu7, arJ being more particularly described as follows. i UGINNINr, at a point In the exis;tng oenton City Limits Line as eitahllshed by ordinance slid point a£ haginning ntso being the seutacnst corner it the J. S. Caltard SUrvop, Abstract No. 07, find also heing the nest westarly southwest cornir of the T. Tcbv Survey, A'+stract No. 1:39, and lying in eha eanterIina of Rlnav Road; THENCE north 110 37' SA" most along the loath boundory line of said 1. S. Collard Snrvev, some being the centerline of tiaev Z01d a diltance of 334.63 fact to a point for a corner In the northeast right of vay line of 11. S. highway 71; T/IF.SCE mirth S1o n1' 31" frost 11011 ! the northeast right of w4.1 11ne of U. S. iil;h'+a! '7, a distunee (if 5,11.J1 feet to a paint; T-"1044 north 53'3 00' SIP' west along tits northeast right of +av Ilea of U. S. Highway 11 a distsnee of 3530.41 feet to j tolnt far a corner 11.42 berg the south earner of a sorr,er j eutofP it t::s prosclt IAtwectlon of th•e northeast line of U. iitth,a 77 with the silt right of wA;' lino of llknnle Hraa 1 R1ad; + M'SC2 north ZDo D:' S1" west nl1r; 9.111 ca rnar :vtof£ no a d1 atl3ta of :6.51 feet to point for z corner; i TItEICF. nnrti, 0o I" IS" oast stolgg she east right of woy line i of Donavo 3rae Ro,ld a "I tomes of 2n3S.11 feet t- a paint for n cnrnar; TIIESC., south 511 53, 03" east a dletlr.: of 419g.A1 feet to a I maim for a do rnir LA t;,;! 01st huundary t Inv of s.,Jd •1. S. I ~olta;d 3orrey, same being the west "aur,darv line of said T. ~ Tc~; SurroS•; kE I .-1 J~1 •ii ISLE intQa~y-/rE!. rtS ry",IiiGN Ti~•Pl.i'I ilk,., 1 e I i l ST +l iE a South 00 S9' 39" •.:ost along the east boundary line of i d .1. S. Collard Survey, flame being the crest boundary line of sili T. rohy Survey a distanca of 1,263.05 feet to a point; T}19,CS south 10 5.11 OV west along the east boundary line of SI!' S. Co.lard Survey, sane being the west houndary line of j said T. T.;jy ;urvsy, a distanca of 3075.59 feet to the place 01 I -oroROralasnd comraining 13,719,635.75 aquaee feet of lend, 1 SEM0V II. That the Cir.y Council of the City of Denton, Texas hereby 'Inds that such change Is In accoriance with a comprehensive plan for the purpzio of pronotiaj the general welfare of the City of Denton, Texas, and with reasonable consideration smong other things for the character of the district and for its peculiar suitability of particular uses, and with a view t0 canservtng tho valve of the buildings, protecting human lives, and encouraging the most s propriate uses of land for the maximum benefit ti the City o[ Denton, Taxi;, and its cititens, SECTION t11. That this ordinance ehall he In full fora, and effect im'nediately after its pasta go and ap:,.oval, the :equLrad pOllc ' hedrings hevl,g heretofore beam held by the Planning and Zoning Commission and the City Council of the ;l;y of Denton, Texas, after giving due notice thereof. I PASSED AND APPROYEO this the day of , A. i. 1950. 4TrC C iY OP OUTON, TE GIS { AIrEST: BIMUF 'fUL , CIT7 SECILMRS CITY OF DENTON, TEXAS APPROVES AS TO LEGAL FORH C. 1. TAYLOR, JR., CITY ATTORNEY 1 CITY OF DENTON, TEXAS { ~ 1 , S 1 gr15 DAt.E C7,tirIv;1LV}•rf?X,tS P" Ti U'IANTS)•P.1O8 'rhq I I i 1 PRCPERTY OWNER REPLY FORMS Z-1408 9 IN FAVOR III OPPOSITION UNDECIDED Rich Manufacturing Co. R. B. Rich 7 Rt. ` Box 24 1 Denton, Tx 76201 Barworth Corporation Henry W, Dern Jr. 1204 University Denton, Tx 76201 Kenton E. Maclntyre P.O. Box 97 Denton, Tx 76201 Ho Cole 501 tliead l ee Denton, Tx 76201 S. E. Rayzor 11711eRiney Road Denton, Tx 76201 Ruth Kellum 2016 Georgetown Denton, Tx 76201 Ruby Finch 6158 Winton Dallas, Tx 76214 I ~ I 1 F i I r REPLY FOR THE CITY CCUNCIL Case, NO- Z--- 140x_ The Denton City Council would like to receive your comments on this case in order that it may make an informed decision on the zoning petition. If 0u return itstoethe following addressnbypteesdatemefethe*publicphearo~ and ing, City Planner Municipal Building 215 East McKinney Denton, Texas 76201 If 20% or more of the property owners receiving this notice return a reply form in oppposition to the proposed change, the City Council must attain a four-fiftha (4/5) vote to approve it, If you submitted a reply, form for consideration by the Planning and Zoning Commission, those com. meets arc a sufficient response and will be presented to the City Council if your opinion about the case has changed it you are encouraged to use this form to notify us concerning your posion. If you have questions pertaining to the case Office at 566-8350, please call the Planning Please use BLACK ink only, since blue ink cannot be xeroxed, I n- PLY G. i ( I am in favor of this zoning request. ( ) I am opposed to this zoning request, ( ) I am undecided about this zoning request, E My comments are as follows: 1 h E t i t Signature 1 address 8 Phone REPLY FOR THE CITY COUNCIL Case. No. Z- 40 The Denton City Council would like to receive your comments on this case in order that it may make an informed decision on the zoning petition. If you desire to express an opinion, please complete this reply form and recuint it to the following address by the date of the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 if 20% or more of the property owners receiving this notice retvrn a reply form in opposition to the propogad change, the City Council must attain a four-fifths (4/5) vote to a~-prove it. If you submitted a reply form for consideration by the Planning and Zoning Commission, those com- ments are a sufficient response and will be presented to the City Cpunci: Yf your opinion about the case has changed, you are encouraged to use this form to notify us concerning your position. I If you have questions pertaining to the case, please call the Pl.anning Office at 556-8350. I Please use BLACK ink only, since blue ink cannot be xeroxed. C~. REPLY ( I am in favor of this zoning request. j ( ) I am opposed to this zoning request. i~ ( ) I am undecided about this zoning request. My comments are as follows: I I ~ i , I S i i Signature t - ( A / _V4L . Address r E: Phone Spry-- 'y, .k S y 1 + REPLY FOR THE CITY COUNCIL 'M Case, NO. Z-1408 i The Denton City Council would like to receive your comments on this caso in order that it may make an informed decision on the zoning petition. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. t City Planner Municipal Building 215 East McKinney Denton, Texas 76201 If 20: or more of the property owners receiving this notice return a reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) rote to approve it, If you submitted a repLy form for consideration by the Planning and Zoning Commission, those com- ments are a suificient response and will be presented to the City Council if your opinion about the case has changed, you are encouraged to use this form to notify us concerning your position. J If you have questions pertaining to the case, please call the Planning ' Office at 566-8350. Please use BLACK ink only, C% 1 since blue ink cannot be xeroxed, 0,, 1 REPLY 'y ) I am in favor of this zoning request, 'S yp ( ) I am opposed to this zoning request. ( ) I am undecided about this zoning request. 1 My comments are as follows: ; i j i { i Signature } Address r i hone r r REPLY F'OR THE CITY COUNCIL Case. No. _ _140 The Denton City Council would like to receive your comments on this case in order that it may maka an informed decision on the zoning petition. if you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 if 20% or more of the property owners receiving this notice return a reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. If you submitted a reply, form for consideration by the Planning and goring Commission, those corn ments are a sufficient response and will be presented to the City COUnci If your opinion about the case has changed, you are encouraged tj use this form to notify us concerning your position. If you have questions pertaining to the case, please call the Planning Office at 566-53:0. j Cclb'~~ Please use BLACK ink only, t aS80 since blue ink cannot be xeroxed. i REPLY (y/f I am in favor of this zoning request. ( ) I am opposed to this zoning request. ( ) I am undecided about this zoning request. 1 My comments, are as follows: j { I 'Signature cs 1~ } address Phone , D M . D 1 , REPL'4 FOR THE PLANNING AND ZON7 1 COMMISSION f Case No. Z-1408 The Planning Commission would like to receive your comments on this case in order that they may make a better informed recommendation to the City Council. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Euild•Lng 215 Bast McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and c.amment if they wish. If 20% or more of the property owners receiving tkis notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. Tf you have questions pertaining to the case, please call the Planning Office at 566-8350. Please use SLACK ink only. I i { REPLY E~Ei'r~`? i (;O I am in favor of this zoning request. ( ) I. am opposed to this zoning request. ( ) I am undecided about this zoning request. My comments are as follows:. •A II I Signature 70 't194 ~0811 A Address Phone . 3 / it is REPLY FOR THE PLANNING AND ZONING COMMISSION V Case No. Z-1408 The Planning Co=ission would like to receive your comments on this case in order that they may make a better informed recommendation to the City Council. If you desire to express an opinion, please complete this re ly form and return it to the Following address by the data of the public hearing. City Planner Municipal Building 2L5 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear- ing and we encourage all interested parties to attend and comment if they wish. If 20% or more of the propertp owners receiving this notice return this reply form in opposition to the proposed change, the, City Council must attain a four-fifths (4/5) vote to approve it. If you have questions pertaining to the case, please call the Planning Office 566-8350. Please use BLACK ink only. REPLY 1ECE!!V_:0 FiD 2 7 '1980 j I am in favor of this zoning request. s ( ) I am opposed to this zoning request. I ( ) I am undecided about this zoning request. My comments axe as follows:. 1 I 1 Signature Address - Phone I I w REPLY FOR THE PLANNING AND ZONING COMMISSION Case No. Z-1408 The Planning Commission would like to receive your comments on this case in order that they may make a better informed recommendation to the City Council. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public heat - ing and we encourage all interested parties to attend and comment if thsy wish. If 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. If you have questions pertaining to the case, please call, the Planning Office at 566-8350. i Please use BLACK ink only. REPLY RECEIVED FES 2 9 5980 { ~ J ( y') I am in favor of this zoning request. ( ) I am opposed to this zoning vquest. ( ) I am undecided about this zoning request. , j My comments are as follows: r , . Signatures Address i .r ?f Phone y - r i REPLY FOR 11E PLANNING AND ZONING CO=SSION Case No, Z-1408 The Planning Commission would like to receive your comments on this case in order that they may make a better informed recommendation to the City Council. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing, • City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no wa your rights to attend the public hear. ing and we encourage allyisterested parties to attend and comment if , they wish. If 20% or more of the property owners receiving this notice return this reply form in op osition to the p Council must attain a four fifths 4 5 votePtopapprpro change, the City ve it. If you have questions pertaining to the cases please call the Office at 566-8350. Planning f Please use BLACK ink only, REPLY I am in favor of this zoning ` ~ • g request. I am opposed to this zoning request, I I i ? I am undecided about this zoning request, J~ My comments are as follows:. L ^ r a f r a 1 Signature Address Phone ~ ll 1 V I I Minutes Planning and Zoning Commission March 5, 1980 ' This is the regular meeting of the Denton Planning and Zoning Commission held on March 5, 1980 at 5:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Bill Brady, Marilyn Gilchrist, Robert laForte, U nnie McAdams, Carolyn Busby, Andy Sidor, and Richard Taliaferro. Staff members were John Lavretta, Charles Watkins, Rick Svehla, and Sue Wigand. ABSENT: None. li 1. Approve the minutes of the February 20, 1980 meeting. Motion was made by Taliaferro and seconded by LaForte to approve the minutes. Motion carried unanimously. It. Consideration: A Z-1436. This i Hill, general partner, DuncantProperties Ltd.,BrequestingfPlannedil Development (PD) zoning classification for development of a shopping center complex, office and warehouse complex, and mini-warehouse complex on a tract approximately 32 acres in size, Roger Shipmen, attorney for Brown and Hill, spoke in favor of the request. i David Wilson, representing the Henry S. Miller Co., sppoke in opposition to the request, stating that there was st111 a dispute I over a strip of land and the court would decide upon the ownership. Mr. Wilson also objected to the curb cut. City Engineer, Rick Svehla, stated that he did not feel it was fair to hold up Duncan Properties since the Miller Co. has not submitted a plat to the Planning Department, fir. Heil Mill spoke in rebuttal, The Commission discussed the case. Motion was made by Taliaferro and seconded by Sidor to appprove Z•1436 with conditions as written. Approved by a vote of 6 to 1. 111. A. Z-1408, This is the petition of the Planning and Zoning Commission requesting light Industrial (LI) zoning classification on a tract approxi- mately 314,9 acres in site, The property is located on the north side of Highway 77, adjacent and east of Bonnie Brae Road, This tract has approximately 4,434 feet of frontage along Highway 77 extending westward from the Riney Road • Highway 77 intersection and is contiguous with the city limits approximately In the centerline of Riney Road. (This property is owned by Texas Instruments.) Minutes Planning and Zoning Commission March 5, 1980 Page 2 John Lavretta spoke, on behalf of the Planning and Zoning Commission, in favor of the request. No one spoke in opposition. Motion was made by Bill Brady and seconded by Andy Sidor to approve Z-1408. Motion carried unanimously. B. Z-1441. This is the petition of Ms. Karen Nash requesting an amendment to a Planned Development (PD) for detached single family houses on 45' X 100 ' lots to permit multi family (MF-R) development on a tract fapproximately the proposed Windsor in exsize. tension,1e and tract approximately 125 t feet west of se of Stuart Road. Karen Nash spoke in favor of the request. No one spoke in opposition. John Lavretta presented the staff recommendation. No one spoke in rebuttal. The Commission discussed the case. i i Motion was made by Sidor and seconded by Taliaferro te) deny Z-1441. Motion carried unanimously. C. Z-1442. This is the petition of Mr. Charles Glasgow requesting a change of zoning from Agricultural (A) to Commercial (C) zoning # classification on a parcel approximately 26.4 acres in size which begins at the southwest corner of Loop 288 and Audra Lane. The property has approximately 909 feet of frontage atom? the west side of Loop 288 and E, approximately 1030.9 feet of frontage along the south side of Audra Ln, I Charles Glasgow, petitioner, spoke in favor of the request. Frank Cawthon, realtor, spoke in favor of the request. Leonard Morris, representing the owner of the property zoned SF-10 j across Loop 288, spoke in favor of the request. 1 Robin Butt, 1807 Audra lane, spoke in opposition to the request. T. Holland spoke in opposition to the request. John lavretta presented the staff recommendation. Charles Glasgow spoke in rebuttal. The Commission discussed the case with Charles Glasgow, stating the zoning change request would be more desireable if the proposed Commercial development included only the frontage along Loop 288 ; also it i I l+ +1 I I Minutes Planning and Zoning Commission March 5, 1980 ?age 3 would be desireable if a transition, such as multi family, was provided between the proposed single family area to the west and the proposed commercial development along Loop 288. Motion was made by Sidor and seconded by Taliaferro to deny Z-1442. Motion carried 5 to 1 with l abstention. IV. Considerations: A. Consider the final plat of Skyline Addition. Ross Melton spoke in favor of the plat. Motion wa^ made by La Forte and seconded by Gilchrist to approve the final plat of the Skyline Addition. Motion carried unanimously, B. Consider the final plat of Solar Way Addition, Charles Watkins stated the staff recommended approval. Motion was made by Taliaferro and seconded by Gilchrist to approve the final plat of Solar Way Addition. Motion carried unanimously. C. Consider the preliminary plat of Plaza 288 Addition. This plat was withdrawn by Charles Glasgow. 0. Consider the final replat of Ruddell Addition. Charles Watkins gave the staff recanmendation of approval. Motion was made by LdForte and seconded by Andy Sidor to approve the final replat of Ruddell Addition. Motion carried unanimously. { E. Consider the preliminary plat of Wimbleton Village Phase Two. ~ f Charles Watkins stated that 2 additional valves and electrical easements are needed and recommended approval contingent upon this conuition. Motion was made by Sidor and seconded by Busby to approve the preliminary plat of Wimbleton Village Phase Two with the condition. Motion approved unanimously. F. Consider disposition of Lot 2A, Block 3, Heritage Oaks Addition. John lavretta reported that the Parks and Recreation Department desires to keep the land, Motirn was made by Sidor and seconded by Carol to recommend that the pity keep the land. Motion carried unanimously. F . i 1. Minutes Planning and Zoning Commission March 5, 1960 Page 4 G. Consider disposition of excess city property at 517 E. Prairie Street. John Lavretta recommended disposition. Motion was made by Taliaferro and seconded by Gilchrist to recommend that the Council dispose of the property. Motion carried unanimously. The meeting adjourned at 7:30 p.m, i t 1 j L I F S Wool M E M 0 R A N D V M: DATE: March 26, 1980 T0; Bill. Angelo rRoM, Nancy Boen N' SUBJECTI Procedure Changes The attached will be an additional agenda item. It needs to be place on your agenda as soon as possible. j i f r r i i I ~ i E I 1 e y i 3 ~ i E _t V March 26, 1980 PROCEDURE f4 MGES The Parks and Recreation Department r recentlyo the some pertained fees, charges and policies which ,division. They were approved by the City Council Oil December 18, 1919. At that time it was r(commended by the Parks and Recreation Director that non-Dentin teams who wished to play in the Denton leagues request approval not only from the Parks and Recreation Board, but also from the City Council. This procedure is both time consuming and cumbersome for all parties involved. I recommend that requests of this nature be handled administratively thus eliminating action required by our Board and the Council, Your consideration and recommendation on this matter will be appreciated, { 1 f i { i p, ..M i,, I i i l CITY OF DENTON MEMORANDUM TOi Mayor & Council Members FROM: Bill Angelo, Administrative Assistant DATES March 27, 1980 SUBJECT: Agenda Item 13 - Ordinance Authorizing Issuance of Certificates of Obligation As you know, the documents for this item are being prepared by the City's financial advisor, First Southwest Company, and are unavailable at the present time. These documents will be hand delivered as soon as they become available. j `BIT Angelo 33 BAtjm i j I, i { i w MEMORANDUM TOs King Cole FROM: Joella OLr DATE, March 26, mo Bide were received for the proposed library expansion today, Our architect will investigate the low bidders and preaont his recoumenda[toa to the City Council at f their regular meeting Tuesday April 1, i J i +I I~ I t If f I ( { i I , { ( 1 M low" G City of Denton Memorandum April 1, 1980 Agenda Item: Consider adopting an ordinance instituting final action regarding the request of Mr. H. S. Osborne for annexation and Agricultural (A) zoning classification on a tract approximately 37.5 acres in size. The property has approximately 40 feet of frontage along the east side of Country Club Road (FM 1830) and begins approximately 1800 feet south of the intersection of Hobson Road and FM 1830. (The Planning and Zoning Commission recommends approval.) Summary: The petition of Mr. H. S. Osborne for annexation and Agricultural (A) zoning classification on a 37.5 acre tract comes before the City Council for final action at this time. This petition has completed the public hearing process before the Planning and Zoning Commission and the City Council, and all state requirements regarding annexation have been met. Recommendation: i ' The Planning and Zoning Commission unanimously recommended approval of this request at its meeting of October 17, 1979. Action Required: The City Council should move to adopt the annexation and zoning ordinance prepared by the City Attorney. Exhibits: A. Memo ` 8. Ordinance C. Map we] V r ~ 1 r Ordinance No. _ AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT TRACT OR PARCEL OF LAND CONSISTING OF APPRO W-LATELY 37.538 ACRESr OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE T. MARTIN SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS• CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND Dr~CLARING AN EFFECTIVE DATE, i WHEREAS, the raquest for annexation was Introduced at a regular meeting of the City Council of the City of Denton, Texas, I an the petition of H. S. MOW; and NHEREAS, an opportunity was afforded, at a public hearing held I for that purpose an February S, 1980 for all interested persons to state their views and present evidence benring upon the annexation h provided by this ordinancel and WHEREAS, this ordinance has been published In full at least one elms in the official newspaper of the City of Dentan, Texas, prior to Its effective date, and after the public heirin;sl NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY 6RDAINS; SECTION I. That the hereinafter described tract of land be, and the same I is hereby annexed to the City of Denton, Texas, and the same is 1 made hereby a part of sold City and the land and the present and i future inhabitants thereof shall be entitled to all the rights and privileges of other citlians of said City and shall os bound by j the Gets and ordinances of said City nav In offset or which may hereafter be enacted and tti property situated therein shall be subject to and shall bear ics prorate part of the taxal levied by the City. The tract of land hereby annexed is deserlbod as follows, to-wits All that certain lot, tract or parcel of land situated in the T. J. Martin Surve , Abstract No. 100, Denton County, Texas, being the i4me (callady1 33.73 acre tract doserlbed in A deed from Walter P. Ross, at ux to H. S. Osborne of us Olt February 17, 1953 recorded in Volume 515, page 337 bead Records of said County, ini being more particularly described ao followot SECINNINO at a fence corner at the northeast corner of told tract on the east boundary line of said 4sriln Surveyl ME,NCE south 00 01' S5" west with said (onto and east bortndory line of sold Survey 3L9,SS (Got to a steel pin at a font) corner at t4a southoast corner of said tract; tt l i . I ` v . TRENCH south 890 56' S3" west with said fenr+ 195 .30 feet to a fence corner; THENCE north 8S0 36' $9" west with said fence 23,6 feet to a fence corner at the south-southwest corner of said tract; THENCE north 00 35' 3S" east with said fence 761.95 feet to a fence corner on the south line of a lone; THENCE south 890 46' 3S" west with said fence 640.76 feet to a fence corner past at the west southwest corner of said tract on the east right of way of P.M. Road 1630; TFi&YCE north 10 19' west with said right of way 4,1.91 feet to a fence corner nt the northwest corner of said tract; THENCE north 890 34' 46" east with said fence 2616.76 feet to the place of beginning and containing in all 37.536 acres of land, more or less. SECTION It. The above described property is hereby classified as Agricultural "A" District and shall so appear on the official coning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective immodiately upon its passage. PASSED AND APPROVED this the day of 1 A. D. 1960. CITY OF OBNTON, TEXAS ATTEST: CITY 07 D&HTON, TEXAS APPROVED AS TO LEGAL PORN f C, J. TAYLOR JR., CITY ATTORNEY CITY OF DENTE. TEXAS BY: i 4L rlr~ ~ r f ~ r.. Z. 114 1 i . NO• A'. PP.DINASCE OF Ti:;' CITY OF DENTON, TEXAS REMVING PARKINC ON C14tIAIN PORTIONS OF CRESCENT AND FULTON STREETS BETWEEN THE IKPJ1S OF 1:00 A. M. AND 4;00 P. M., MONDAY THROUGH FRIDAY; P,lO~ M N'G FOP, THE REMOVAL OF PARKING ANYTIME ON A CERTAIN PORI1M OF CROSCENT STREET; PROVIDING FOR THE REMOVAL OF PARKINC A71"TIME ON A CERTAIN PORTION OF FULTON STREET; PROVIDING FOR THE ESTAELISHI-MIT OF A FIVE MINUTE STANDING ONLY LONE ON A CERTAIN PORTION OF FULTON STREET; PROVIDING FOR AU111ORITY TO TOW-AWAY AND IMPOUND VEHICLES PARKING ON THOSE CERTAIN PORTIONS OF PROVIDING REPEAL TOF CONFLICTINGOORDI ANCESSEORR PARTSY THEREOF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE, VNEREAS, the City Council after careful consideration of the matter and upon the recommendation of the Traffic Safety Comaisslon of the City of Denton, finds it necessary and fusti°ied to remove parking and establish reguiatlons governing parking on the certala portions of Crescent and Fulton Streets pore fully Aescrlbed below in order to Insure the safety and welfare of motoilsts and pedestrians regularly using the said streets for travel and to insure adequate emergency parking ` srazo toy fir, and police vehicles ±r other authorized emergency E voh(clcs; now, therefore, THE CITY COUNCIL OF THE CITY OF MV1`01, TEXAS, HEREBY ORDAINS; SEC1fON 1. f (a) That both the north and south sides of Crescent Street f from its Intersection with Fulton Street to its Intersection 00 Malone Street except along the south side of Crescent I ~ j Street from its intorseetlcn with Fulton Street to a point 11 approximately 1RD feet west shz11 not be used for tho parklnp of vehicles or in any other manner be obstructed between the hours of 1:00 A.M. and 4:00 P.M. on Monday through Friday, and the i same shall be to posted with signs or markings or both by the proper authorities of the City of Denton, Texas. (b) That the south side of Crescent Street from its 1 ! lntarsoctlon with Fulton Street to a point approximately 200 foot wait shall not be used for the parking of vehicles or in I any other manner be obstructed at anytime, and the same shall be so posted with signs or markings or both by the proper authorities of the City of Denton, Texas, i r Y . F That both the east l tn lntersectlon and west rides of Fulton Street from Linden Str With Crescent street to !ta intersection with eet shall not be used for the parking of vehicles or in any other manner be obstructed between the hours of Broo A.M. and 1100 P.M. on Monday through Friday, and the game shall be so posted with signs or markings or both by the proper authorities of the City of DentOn, Texas, (d) :hat the east aide section with of Fulton Street from its inter- Linden Street to it. intersection street shall not be used with Broadway ether ma for the parking of vehicles or nner be obstructed at anytime, any and the game shall be ao i posted with signs or markings or both by the o' the City of Denton, Texas. Proper authorities (a) That a "live minute standing only' zone established on the welt is hereby marked aide of Fulton Street between the two ` ~ rrogswal.ke located n front of the Denton Public giyh School and extending from thr welt to the east aide of Fulton Street, and the same shall vehicles and shall be so not be used for the i i Parking of ~ posted with Signs or markings or both by tha proper authorities of the City of Denton 9t:C ION 1, r Texas. "If in the even! any vehicle, except an ergency vehicle or authorised pgrked In or upon thepolice or fire vehicle, shalland beFu found certain portions of Crescent lton atreete go described in Section f of this ,.rdihance shall be removed oe caused ' tO game to some to be removed by cny police officer and taken place designated or maintained by the pollee department for such purpose and kept until apPllcatton for redemption is made by the owner or his authorised agent or other Person legally entitled to pozseselon of such vehtei• pursuant to the provisions of section 21-131 of the Denton Code of Ordinances, as amended. That 01 any reetton, subsection, parggreph, gentena, cieuso, phraze or word to this ordinance, or application thereof to any pefeon or circumstances !s held invalid by any court of compliant 1uriShccllon, loch holding shall not affect the F- - validity of the remaining portions of this ~rdlnance, and the City Council of the City of Denton, Texas, hereby declares it would have cnarted such remaining portions despite any such invalidity. SECTIONN IV. That all ordinances or parts of ordinances in fotce when the provisions of this ordinance become effective which ;.re In slat con- 1 ent or in conflict with the terms or provisions contained in thle ordinance are hereby repealed to the extent of any such conflict. PECT10N V. That It is hereby declared to be unlawful for any Person to Park Any vehicle except an author1red emergency vehicle p*r Police or fire vehicle on any portion of the above des^ribed streets as is posted or marled by the proper authorities of the City of Denton, and that section 1-5 of the Denton Code Of 11 Crdlnances, as arendcd, It Incorporated into this ordinance as I if set out in full herein, and the penalty, by tine not to exceed Two Hundred Dollars ($200,00) Is applicable hereto for each separate offense. 6ECTION VI. That this ordinance shall become effective fourteen (11) days from the date of Its passage, and the City Secretary is s I hereby directed to cause tht caption of this ordinance to be , published twice In the Denton Record-Chronicle, the official newspaper of the City of Dentin, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of 19A0. 0 CITY OF DENS TO TEXAS ATTESil AA K I LT, rf R 1 CITY OF DENTON, Tr,KAS APPROVED AS TO MAL FORM C, 0. TAYLOR, OR CITY ATTORNEY CITY of DENTON, MAS ayl i y . Ly~ CITY OF DBNTON MBIORANDil4 DATE: March 26, 1960 TO, Heyyor and city council, City Manager 8 major of Community Development FROM: C. J. Taylor, Jr. City Attorney S76JECT: Amendments to proposed Historic landmarc Ordinance inclosed is the proposed Historic Landmark Ordinance, as amended, followintt the Marsh 230 logo council meeting, 1 following Chenfea Aave been made; 1, ear term (c) y on Pete a has been Changed to provide *or two year beme For memberr of the landmark commission. 3, Paragraph (d) rn Pate S has *•en changed by adding the Chairran of the Denton Countyy Historic Commission as an ex cfficle Member of the com0lsslon. 3. Paragraph (d) on Page 6 has been deleted which required a decision by the Commission on whether the ewmission would recommead th4t a persons property be lnvluded in a designated plan. This is unnecessary since the ordinance es changed now provides that no property shall be dssignated as a historic landmark without the consent of the Owners of the land. e. Parsgraph (c) on Pate d has been amended by adding the 1 except that no property shell be included in any (~✓J pproposed ordinance disifnating any prop arty so a ; historic landmark without the consent of the owner of the land. , i. 4L CLTJRr~I ;'~2 a • 1 i i N0. AN ORDINANCE A!a%MING APPENDIX B OF THE CODE OF ORDINANCES, THE COMPREHENSIVE ZONING ORDINANCE, OF THE CITY OF DENTON, TEXAS BY ADDING TO APPENDIX B A NEW ARTICLE 26A ENTITLED "ARTICLE 261 HISTORIC LANDSIARX PRESERVATION"; DEFINING THE TERM HISTORIC LANDl4VRC; CREATING A HISTORIC LANDKW COt ISSION AND PROVIDING FOR ITS POWERS AND RESPONSIBILITI'; PROVIDINP FOR THE DESIGNA- TION OF HISTORIC LANDMARKS BY THE CITY AND ESTABLISHING CRITERIA FOR USE IN DETERMINING HISTORIC LANDMARK DESIGNATIONS; REGULATING THE REPAIR REMOVAL AND DEMOLITION OR REMOVAL OF HISTORICAL LANDMARKS; WINING THE POWERS AND AUTHORITY OF THE PLANNING AND ZONING COMMISSION OVER HISTORIC LANDMARKS AND OF THE CITY COUNCIL; PROVIDING THAT HISTORIC LANDMARK DESIGNATIONS SHALL NOT AFFECT PRESENT ZONING USES; PROVIDING A PENALTY. WHEREAS, the Clty of Denton, Texas has a history and a herl•ege unique and different from any other City in Texas i which is worthy of civic pride and preservation; and WHEREAS, the City Council recognizes its responsibility to j preserve and protect places and areas in the City of historical and cultural importance and signifi~:en:e for the general welfare of the community; i NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i SECTION 1. Appendix B of the Code of Ordinances of the City of Denton, Texas, the Comprehensive Zoning Ordinance of the City of Denton, is hereby arended by adding to Appendix B a new Article 26A to hereafter read as follows: ARTICLE 26A HISTORIC LANDMARK PRESU VATION. Section 26A-1. "HISTORIC LANDMARX" DEFINED , 4 As used in this article, the term "historic landmark" shall mean any building, structure, site, district, area, or land of architectural, historical, archaeological or cultural importance or value, which the city council determines shall be I ' protected, enhanced, and preserved in the ante-st of the culture, prosperity, education and general welfare of the people. j Section 26A-2. DECLARATION OF POLICY. The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation l . I i and use of historic landmarks is a public necessity and is reovired in the interest of the culture, prosperity, education and general welfare of the people. The purposes of this chapter are: (a) To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and states architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. (b) To safeguard the city's historic and culture' ~i heritage, as embodied and reflected in such historic landmarks i by appropriate regulations. (c) To stabilize and improve property values in such j locations. ' { (d) To foster civic pride In the beauty and accomplish- . j dents of the past. (e) To protect and enhance the city's attractions to tourists and visitors and provide incidental upport and stimulus to business and industry. (f) To strengthen the economy of the city. (g) Te promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the , people of the city and visitors of the city. Station 29A-3. HISTORIC LANDMARKS-DESIGNATION. The city council may designate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the toning designation of those buildings, structures, sites, districts, areas and lands which the city council designate as historic landmarks. Such designation shall be in addition to any other use designation esta5lished in the comprehensive toning ordinance. The toning map shall reffect the designation of a historic landmark by the letter "H" as a suffix to any other use 1 f TT 1 ~ designation established under the Comprehensive roving ordinance. Section 28A•4, SAME-CRITERIA TO BE USED In DESIG ATIOBS. In making such designations as set forth in Section 28A.3, the City council shall Consider, but shall no be limited to, one or more of the following criteria: (c) Character, interest or value as part of the develop. meet, heritage or cultural characteristics of the City of Denton, State of Texas, o~• the United States. (b) Recognition as a recorded Texas historic landmark, a j national historic landmark, or entered into the National Register of Historic Places. (c) Embodiment of distinguishing characteristics of an archittetural type or specimen. i (d) Identification as the work of an architect or master builder whose individual work has influenced the development of ; the city. (e) Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural Innovation. (f) Relationship to other distinctive buildings, sites or + areas which ■re eligible for preservation according to a plan ! based on architectural, historic or cultural motif. (g) Portrayal of the environment of a group of people in j an area of history characterized by a distinctive arclA tectural { Style. (b) Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. (i) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, State or United States. PACE 3 w,a•sr~ iI 11 i 1 Loutior. as tF. site of a significant historic event. (3;) Identifi rtion With a person or persons who significantly contributed to the culture and development of the city, State or United States. (1) A building or structure that because of its location has become of value to a neighborhood, community area, or the city. (m) Value as an aspect of community sentiment or public pride. I Section 28A-S. HISTORIC LAKMMK COH41SSIOR-CRFATED. (a) There is hereby created a commission to be kn "-n ■s the historic Landmark Commission of the City of Denton, here- !natter called the "landmark commission," composed of nine members appointed by the city council. The landmark commission shall include at least one representative from each of the following organizations or professions: (1) Denton County Historical Commission. (2) The Denton County Bar Association. (S) An Architect. (a) A Certified Public Accountant. (S) An owner of real property in the City. j (b) The other members of the landmark commission shall be appointed from such other individuals and organizations as the G i j city council may in its discretion wish to consult or consider; provided that no one business or professional interest shall constitute a majority membership of the commission. 1 (c) Members of the landmark commission shall be appointed ,y for two year terms, except that the original representatives from the five fields of expertise shall servo for a term of two years, and all other original members of the landmark commission shall be appointed for a one year term. Thereafter 11 all members of the landmark commission shall be appointed for two year terms. Vacancies in an unexpired term shall be filled ty the city council for the remainder of the tern. PACE t ~ v {i) In addition to the nine members +.,.,pointed by the city council, the following persons or their designates shall sit on the landmark commission as ex officio members: 1. The Director of Planning of the City of Denton. 2. The Building Official of the City of Denton. 3. The Chairman of the Denton County Historical Commission . (e) None of the ex officio members shall have voting power, but shall assist the landmark commission in its v r ions functions. (f) The landmark commission shall meet as often as necessary to dispose of the business of the commission or upon call by the commission chairman or upon petition of ■ simple majority of commission members. Five members present shall constitute a quorum for the transaction of business and all I issues shall be decided by a majority of those members present and voting, except that in those instances where only a quorum of fire is present at a meeting, all Issues shall be decided by at least four affirmative votes. Tht commission shall adopt appropriate rules and regulations for the conduct of its business and the election of Its chairman and other officers. The minutes of each meeting shall be filed in the office of the city secretary. (g) The city attorney shall be the legal advisor fe the 1 e j Historic Landmark C-mmission. 3 (h) The fact that one or more representatives from the five fields of expertise may not at any given point be a member of the landmark commission, for whatever reason or reasons, i shall not affect the validity of any decision or act of the commission. Section 2BA•6. SAME-FUNCTION. (a) The landmark commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the city which may be eligible for designation as PAGE s f j I historic landmarks and shall prepare an historic landmark preservation lam p plan," which shalhereinafter referred to as the preservation l: (1) Establish criteria to be used In determinin^ whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks. (2) Establish guidelines to be used in deterrination of whether to grant or deny certificates of appropriateness and certificates of demolition or removal. (3) Formulate a program for private and public action which will state the role of various city agencies In j preservation of klstoric landmarks. i (1) Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources Private and foundation sources, as well ? to aunicipsl sources. (S) Recommend to the proper agencies Incentives designed to entourage historical preservation. (b) The preservation plan shall be presented to the city planning coamisslan for consideration and recommendation to the city council for Inclusion In the comprehensive plan of the city. (c) The landmark commission shall recommend to the city G planning comalsslon ordinances designating certain buildings, structures, sites, districts, areas and lands In the city as historic landmarks; except that no property shall be included In any proposed ordinance designating any property as a 1 historic landmark without the consent of the owner of the land, The landmark commission shall hold a public hearing on all proposed ordinances and the owner of any land included In the proposed ordinance shall be given at least ten days written notice of the public hearing. PACE 6 h' I ~ (d) IE the landmark commission finds that buildings, structures, sites, districts, Iands or areas cannot be preserved without acquisition, the landmark commission recommend to the city council ma of that the fee or a lesser Interest the property in question be acquired by glft, devise, purchase, char eminent domain or oatwherwise, pursuant to the d tv char ter i nd stele and federal l, ' (e) where !here ore taACitions under which the required preservation of a historic landmark would cause on the Owner or owners, use district changes may e ed recommended commended by the landmark commission. (f) The designation of a historic landmark may be amended or removed using the same procedure provided in this article for the original designation. (g) The landmark commission shall provide information and counseling to owners of designated historic landmarks. Section 29A•7. CTIDN BY THE CITY PLANNING COFASISSION• ~ (a) The city planning commission shall hold public hearings as provided for in Article 1011f, Vernon's Annotated E ! T.xas Statutes, to consider any historical landmark designation Of divan.. after rcrefving a recommendation for the landmark eommisslon. the noticed provided for in Article 1011f shalt be sent tc III ;twrsrs of property which Is proposed for "p,p designation .+r ! ns to the ad o ining property oners specified it 1:I1 a ;laic, t (b) Within thlr,y days after the hearing, the cit plsnn."I eoeuelasicn shall set forth in Y datioa writing its *ecoevaee• ' Including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the city council along with the recommendation of the landmark commission. Faction 21A•1, RECORDING OF DESIGNATION, Upon passage of a historic landmark designation ordinance, by the City Council, the City secretary shall file a copy of PACE 7 r 1 ~ MA I l 1 the ordinance vith City an! Denton County Tax Assessors together with a notice briefly stating the fact of the designation and shall send a copy of such notice to the o.ner or owners of the affected property by certified mail. Section 28A•p, EXTERIOR ALTERATIONS AND CHANGES-CERTIFICATE OF APPROPRIATENESS ORDINARY REPAIR OR liAINTENANCE, APPEAL, No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural j feature of a designated historic landmark unless application be made to the landmark commission for a certificate of } appropriateness and such a certificate be granted. As used in this article ~ the term /.exterior architectural featdre" shall include but not be limited to architectural style and general arrangement of such portion of the exterior of a structure as I is designed to be open to rlew from a ~ public way. (a) Procedure when building permit is roquiredr 4 (1) When applying for a building permit for the exterior of a designated historic landmark, the applicant shall submit two copies of all detailed ;fans, elevations parapet- civet, specifications and other documents pertaining to the ~ i work to the building official, who shall forward such application to the commission ebairman. Any applicant may appear at a regular or special ■eetin } commission before submitting an application g of the landmark with slid commission durinr the review of the consult application, permit (2) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on she appli• f cation. Upon review of the application, if the landmark j commission finds the proposed work of a nature which will not i adversely affect any significant architectural or historical ' feature of the designated historic landmark, sad is appropriate i PAGE I i .J a and consistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the building official after the public hearing and the building official shall to advise the applicant after the certificate is received. (3) if the landmark commission finds that the pro- posed work will adversely affect or destroy any significant arehitectural or historical feature of the designated historic landmark or is inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the building official that the application has been disapproved and shall I notify the applicant of the disapproval and of the changes in the application which are necessary to secure the approval of the application. I (1) If no action hits been taken by the landmark commission within sixty days of original receipt by the landmark commission, a certificate of appropriateness shall be deemed issued by the landmark commission, and the building official shell so advise the applicant. i f61 No change shall be made in the application for any f i building permit after issuance of a certificate of appropriate- ness without resubnittal to the landmark commission and opproval thereof in the same manner as provided above. (6) After a decision is reacbad by the landmark commission denying an application for a certificate of appro- priateness, a resubmittal of application will not be accepted for additional hearing within a twelve-month period from the date of final decision except upon written request by the applicant indicating that there has been a change in conditions or that all changes in the application as recommended by the landmark commission have been made. (b) Procedure when building permit is not required: (1) Those proposed exterior changes and alterations not requiring a building permit shall be submitted in writing PAGE 9 zpj~ directly to the historic landma:k commission for it certficate of appropriateness which must be granted before such work can be undertaken, Applicant shall submit ■ copy of all proposed alterations aid changes to the commission. The application must specifically describe the alteration or change proposed. Any applicant may appear at a regular or special meeting of the landmark commission before submitting an application and may { consult wlth said commission during the rerlew of the a,;plLost Ion. j (i) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the application. Vpon review of the application, if the landmark commission finds the proposed work of a nature which will not adversely affect any significant architectural or historical feature of a designated historic landmark and is appropriate I and consistent with the spirit and purposes of this article, it shall forward a certificate of appropriateness to the applicant within thirty days of the receipt of said application. f (S} If the landmark commission finds that the pro- + posed work will adversely affect or destroy any significant 1l architectural or historical feature of the designated historic landmark or is inappropriate or Inconsistent with the spirit and purposes of this article, it shall notify the applicant i { within thirty days of receipt of said application that the j application has been disapproved and shall include in such k notification the changes necessity to secure approval of the application. (4) If no action his been taken by the landmark commission within sixty days of the receipt of the application, a certificate of appropriateness shall be deemed issued by the landmark commission, PAGE 1D t , , v I rn~ I f ` 1 1 if i (5) No change shall be made in the application for issuance of a certificate of a ro :fa PF p teness without ' F resubmittal to the landmark commission and approval thereof in the same manner as provided above. (G) After a decision is reached by the landmark commisF'.n denying an application for certificate of appropriateness, a resubmittal of application will not be accepted for additional hearing within a twelve month period from the date of final decision except upon written request by the applicant indicating that there has beta a change in conditions or that all changes in the application as recommended by the icndmark commission have been made. j (e` ordinary repair or maintenance: j Ordinary repair or maintenance which does not involve changes in architectural and historic value, style or general design is exempt from the provisions of this section. (d) Appeal. E Any applicant or interested person argrleved by a i ruling of the landmark commission under the provisions of this section may, within thirty days after the data of such ruling, appeal to the city council. r Section 28A•20. HISTORIC LANDWIS•DEMOLITION OR REMOVAL. , (a) If in application is received for demolition or t removal of a designated historic landmark, the building tl+ official shall immediately forward the application to the landmark conmission. The landmark commission shall hold a public hearing on the ap,.:,orlon within thirty days after the application Is initially filed with the building official. The applicant shall be given ten days written notice of the hearing. The landmark commissioi shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, the existing and/or potential usefulness, Including economic usefulness of the buil.ing, the purposes behind preserving the structure as a historic PAGE 11 Ay. 1 landmark, the :hLracter of the neighborhood, end all other factors it finds appropriate, If the landmar?. commission :canines that in the interest of preserving historical values, the structure should not be demolished or removed, it shall notify the building official that the application ass been disapproved, and the building official shall so advise the applicant within five days therefrom. If the landmark commis- / 91 on determires that the interest of preserving historical r values will not be adversely affected by such demolishment or removal or that the interest of preserving historical values I { :an !,tit be served by the removal of a structure tc another speci:iad location, it shall issue Its certificate of demolition or Its certificate of removal, as may be appro• i Fritts, to the building official; and .he building official I ' i shall so advise the applicant within five days therefrom. j fb) If no act.on has been taken by the landmark commission within sixty days of original receipt by the landmark commis- sion of the application, a certificate of demolition or a c certificate of removal shall be deemed Issued by the landmark ~ commission and the building official shall to advise the applicant. (c) After a decision Is reached by the landmark commission t~ denying an application for a certificate of demolition or a certificate of removal, a resubmittel of application for such a certificate will not be accepted for additional hearing within z a twelve-month period from the date of final decision. (d) Any applicant or the owner of any property located j within three hundred feet of any landmark who is aggrieved bi, a ruling of the landmark commission concerning same landmark under the provision of this section may, within sixty days after the ruling of the landmark commission, appeal to the city council. Following a public hearing to be held within thirty days of the filing of a notice of such appeal with the city secretary, the city council may, by a simple majority vote, PAGE 22 117 bi].94 uphold or overturn any ruling of the landmark commission made pursuant to this section. Section 2SA•11, PROCEOURE FOP, OBTAINING BUILDING PEVIT REMOVAL PTRKIT, DEMOLITION FEI:HIT AND F6R ALTERING THE ER,ERIOA OF A BUILDING OR STRUCTURE DURING PENDENCY OF CONSIDERATIOK OF SUCH BUILDING OR STRUCTURE AS A HISTORIC LANDPMR OR AS PART OF A HISTORIC LAND.W..I'. (a) From and after the date on which the question of whether or net any building, structure, or site within the City should be designated as a historic landmark is placed upon the agenda for any special or regular meeting of the landmark commission, or from and after the date on which such agenda is k posted In accordance with the provision of Article 6232.17, I V.A.T.C.S., ■s amended, or from and after the date that the landmark commission approves or recommends a preservation plan or ■ny amendment of any existing preservation plan which embraces or includes the building, structure, or site within ! the city, whichever data first occurs, no building permit i allowing the construction, reconstruction, alteration, change, restoration, removal or demolition of any exterior i architectural feature of any building or structure than existing Including or embraced in whole or in part within the j i scope of such egeria consideration or such preservation plan or s such amendment thereof, as the case may be and no permit allowing the demolition or removal of ail or any pert of any j k such building or structure may be issued by any official of the city, nor if no such permit is required, may any person or entity construct, reconstruct, alter, change, restore, remove or demolish any exterior arcnitectural feature of any such building or structure, until the earliart of the following conditions have been met: (1) A final and binding certificate of appropritte- At$$, removal or demolition, as may be appropriets, has been issued by the landmark commission; (2) The Iandmatk eommission falls to make a recommen- da,ion that some pate or all of any such building or structure PAGE 1g _._.......w............._...,.~__..~.._ t f be designated a historic landmark or be included within e historic landmark or within a preservation plan or an amendment thereof within sixty days following the earliest of the above described dates activating this section application under the circumstances; or, (3) A final and binding decision has been made by the city council that no part of any such building or structure shall be designated a historic landmark or shall be Included within any designated historic landmark, provided, however, that should the city council fell to act within ninety days from the date an appeal is filed, the requested permit shall he I granted. The ninety day time lititstlon flay be waived by the Appellant to allow the city council an adiltlonal thirty days in which to act, (b) it shall be the duty of the landmark commission to furnish the building official with a copy or written ne.iee of i i ; each such written order or such agenda or such preservation plan or amendment thereof, as the else may be, as promptly ~ } after the preparation thereof as is practicable, The failure to so furnish the building official with a ~ I f eoPY or written notice thereof, however, shall not have the effect of validating any building permit, removal permit or demolition 3 permit issued in ignorance of any such written order or agenda. in any instance in which any such permit may not be required, it shall be the duty of the landmark commission to i give notice of Any such written order or such agenda or such preservation plan or amendment thereof to the owner or owners of any building or structure Included within the scope thereof, 1 which notice shall be deemed complete when actually given, t orally or In writing, to such owner or owners, or when written notice thereof is deposited in the United States mall, postage prepaid, certified or registered, with return receipt requested, addressed to such owner or owners, whichever event first occurs. PAGE 14 W Any permit Issued to any person or entlt}• from or after the date of an)' such written order, or such agenda, or '.he spProval or recommendation of such preser~~',.wn plan or amendment thereof, is the use may be, shall be null, void and of no force or effect until the earliest of the events described in subparagraphs (1), (1) and (3) of subsection (a) next above to occur. (d) Notwithstanding any other provision of this chapter, no building permit, removal permit or demolition permit shell ' be issued by the building inspector for any structure located In a National Register District except as author12td by the i subsection. 1'he building inspector shall notify the landmark commission Immediately of any application requesting a building perch, removal permit or demolition permit for a structure i located In a National Register District. No such permit shall { be issued by the building inspector before the landmark Illij commission has made a recommendation or scheduled the structure on Its agenda or before the expiration of forty (10) calendar f days, %,hichever Is sooner. If a structure is made an agenda item, it shall be scheduled for a public hearing as soon as adjacent property owners are notified. For purposes of this y subsection, "National Rag4gter District" is defined is a designated area possessing , significant c , oncentretSon, linkage or continuity of sites, building structures or objects xhich i j are separated geographically but are linked by association or history; provided, that no area may be considered a National Register District for purposes of this subsection unless It has been designated in the Federal Register pursuant to the National Preservation Act of 1966, as amended, prior to the effective date of this amendment, and until maps depicting such arts are made available for inspection by the public in the office of the building Inspection Department, Notwithstanding any provision hereof, this section shall not apply to geographical areas designated as historic districts under the provisions of this ordinance PAGE 13 i i aaaea~n , _ _ . Section 29A•22. SAKI-MISSION' OF 1ErESSAP.Y REPAIRS. (a) The exterior of a designated historic landmark shell be maintained to insure the structural soundness of such landmtrk. (b) If the landmark commission finds that there are reasonable grounds to believe that a designated historic landmark is structurally unsound or in imminent danger of becoming structurally uuscond, the landmark commission shall notify in writing the owner of record of the designated historic landmark of such fact. (e) Upon the giving of ten days written notice to the owner of record of such designated historic landmark, the landmark commission shall hold s public hearing to determine if f the designated historical building is structurally unsound or i in Imminent danger of becooing structurally unsound. The landmark commission's report may include evidence of economic I hardship or willful neglect. 111 (d) At the conclusion of the hearing, if the landmark j commission finds that she dw lgnated historic building is E structurally vaeound or In danger of becoming structurally ( s unsound and that no valid reason exists at to why the owner k r ( cannot or should not undertake to safeguard the structural f ' soundness of the building, it shall in writing notify the record owner of the finding. (e) The owner of record of a designated historic landmark who has been notified by the landmark commission that such landmark is structurally unsound or in danger of so becoming shall within ninety days of receipt of such notice, satisfy the historic landmark commission than reasonably necessary repairs to safeguard the structural soundness of the landmark have been effected. (f) if the landmark commission determines that the building is structurally unsound but there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the PACE 16 ' v city council Its recommendation as to what action, if any, `C should be taken on the structure. f (g) Any applicant or interested person aggrieved by a ruling of the landmark commission under the provisions of this section may, within thirty days after the date of such ruling, appeal to the city council. Section 2BA•11. HISTORIC LANDMARX DESIGNATION TO COEXIST KITH OTHER USE CLASSIFICATIONS. Use classifications as to all property ictrich may be included in a historic landmark designation shall continue to be governed by the comprehensive toning ordinance of the city and the procedures therein established, Section 2BA-14. HISTORIC DISTRICTS DEFINED; RESTRICTIONS IMPOSED THEREIN; CRITERIA FOR DISTRICT BOUNDARIES ESTABLISHED; REQUISITES FOR APPLICATIONS FOR DISTRICTS SET FORTH; CRITERIA FOR EVALUATING SAME PROVIDED, DISTRICT PRESERVATION PLANS DEFINED; MIS. j CELLANEOUS ADMINISTRATIVE REQUIREMENTS OF LANDMARX COMMISSION SET FORTH; PROCEDURE J } FOR MODIFICATION OF ORDINANCE PROVISIONS ESTABLISHED, (a) DEFINITION. Districts Which may be designated Historic Landmarks pursuant to Section 21A-1 shell herein be f referred to as "HISTORIC DISTRICTS" and shall mean geographically definable areas; possessing significant concentration, linkage, or continuity of buildings, structures, sites, area or land which are untted by architectural, his- torical, n1, archaclogfeal, or cultural importance or signlticance. (b) RESTRICTIONS. All buildings, structures, sites, areas or lands located with a designated historic, district, whether I IW,-idually designated historic or not, are subject to these regulations. No parson or entity shall construct, reconstruct, alter, change, restore, remove or demolish in any way the exterior features of such building, structure, or site, area or land until a permit has been granted by the building official of the City of Denton. FUrthermors, no public improvements, including, but not limited to, street construction, signs, lighting, sidewalk construction, parking facilftles and traffic PAGE 17 =now ANN system changes, expert traffic control signs and devices, she 11 be made within or affecting a hlstor'c district ►ithout approval of the city counafl after recommendation has been submitted by the landmark comrission and appropriate city departments. (c) DISTRICI BOUNDARIES. The boundaries of historic districts shall be drs%m to as to include all buildings, structures, sites, areas or lands which meet one or more of the criteria set out in Section 2BA•3 herein or which directly affect or relate to such buildings, structures, sites, areas or lands meeting on one more of the Section 21A-3 criteria, provided that at least 311 of the total structures within the boundaries are of arr.hltecturd , historic, archaeological, or i cultural importance or value. I (d) ESTABLISHMENT OF HISTORIC DISTRICTS. (1) AppIicaticns for :onsideration of a historic { district shall be based upon architectural, historical, archaeological or cultural importance or value and accompanied by a report to the landmark commissloi containing the following information. { (a) A list of specific buildings, structures, sites, { areas or lands of importance or value located within the proposed district boundaries and a description of the particular importance or value of etch such building, structure, site, area or land, (b) A map showing the boundaries of the proposed historical district drawn to a seals of 1".2001; and the S location of each structure of Importance or value Identified by A number or letter designation. (c) Sufficient photographs of tech building, structure, site, area or land of importance or value showing the condition, color, site and architectural detail of tech; and, PAGE 11 r: (d) A description of each building, structure, site, Area or land of importance or value showing the condition, color, site and architectural detail of each; and where possible 1. dtte of construction 2, builder or architect 3. chain of uses and ownership e. architectural, style S. materials { i 6. construction technique 7, recogRnition by State or National Government as architecturaFly or historically significant, if to designated. (2) Application for establishment of on historic district on the basis of cultural or archaeologicAl importance or value shell be accoripsnied by a report containing the following Information: (a) A map showing the boundaries of the proposed district drawn to a scale of 1114001; (b) A description of the cultural or archaeological importance or value of the building, structure, site, area or f land being proposed for historic designation; and (c) Any evidenr;e which would show recognition by either the State of Texas and/or the National Government, t (3) Applications to Increase the boundaries of an historic district may be made it one or more of the following conditions are sett (a) When buildings, structures, sites, areas or lands of importance or value are related to the district are requested for Inclusion. (b) When facts previously undisclosed to or unknown by the landmark cosaission are revealed which indicate that a ,)articular building or site to possessed of special architectural, archaeological, cultural or historical Importance or value. PAGE 39 ( eaaams . - i N) Applications to reduce the boundtries of ■n historic district ray be made when one or more of tho folIowl nI conditions have been met; ` (a) When it car. be shown that a particular building, f structure, site, area or land has no historic, architectural, archaeological or cultural importance or value to the viability of the district. (b) When exclusion of buildings, structures, sites, areas or lands is necessary for major new development that would support either the architectural, historical, archseological, or cultural character or economic viability of tine district, (c) When it can be shown that no degradation of the district either physical, historical, architectural, archae- ological, or cultural will result from exclusion of property r from the district. 11 (S) Application for inclusion or exclusion may be made when either continued exclusion or inclusion of property within the district would render it an economical Aardhslp for reason- able continuation in its present exterior form. In order to .stablish such economic hardship, the owner must show that no reasonable alternative use exists which allows the exterior of { e 1 the building to remain in it original style. In evaluating economic return, the Commission may request the owner to document the value, rents, returns, tax burden, and/or contracts, pertaining to the property. (e) CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS. In evaluating applications for historic districts, the landmark commission shall consider Sections 21A-3 and Saction ! 21A-13(d). It the landmark commission raeommatcr the establishment of an historic district or districts, it shall cause to be prepared an historic district designation ordinance which shall contain, but not be limited to, the followings (1) A statement of purpose setting forth the commission's reasons for recommending designation of the district; and PAGE 20 `f i.khA" 1 Y {2) A legal description of the boundaries of the district; (3) Xaps, charts and photogtaphs of the buildings, structures, sites, areas, or lands located within the district; (A) Findin,a that support the criteria required in Section 28A•3 and 28A-II, if applicable, that establishes the particular importance or value of the district, {S) Recommendations for the protection and preser• VatIOD of the district referred to herein to district preservation plat„ i i (f} DISTRICT PRESERVATION PLAN. The district preservation plan shall include, but shall not be limited to the following: (1) Zoning Classification of Uses. The commission may examine the uses existing within the district in terms of their i ' Individual and continued effect upon the character, safety, economic and physical impact of tie district and may recommend such changes in coning, height end area regulations. ; (2) building Code Requirements, Ths commission may review and recommend an ~ Y amendments to the EuSlding regulations it teals necessary to preserve the architectural and historic I + r integrity and authenticity of structures within each such district, (3) Sign Regulations, The Commission may review the { provisions of the sign regulations that are permissible within each such district and recommend such aiteratiot.s in rise, location, type and constructiou they fail appropriate. In preparing such recommendations, the Commission shall consider existing signs as wall as criteria for future signs. In the event that an existing sign or signs are deemed to have a negative impact on the charaeter of the district, the Commission r may recommend a method of removal or improvement of such sign or signs, reviewing such sign changes with owners or tenants prior to such reconmendation. PAGE 21 (4) Psri:lnq P.eguLtions. The commission asr review the parking regulations in existence in the district and recommend Inv changes in numbers, or location of on- street and off-street parking requirements it feels necessary to enhaice the district. It shell review the adequacy of parking facilities in or affecting the district and may offer recom- nendations for such public and/or private parking lots, garages or structures It deems to be in the best overall Interest of the district. (5) Architectural Regulations. As a guide for those seeking a certificate of appropriateness pursuant to Section IIA-s, the historle. landmark commission may, in conformance with i the applicable toning classif(cation, height and area i limitation, and in keeping with the significant architectural, historical, archaeological or cultural elements of each such district recommend regulations affecting the exterior of the i i building, Including, but not limited to, the followings I j (a) Acceptable materials for new construttlon such as stucco, masonry, rttal and gloss curtain; (b) Appropriate architectural character, scale and / detail for new construct on; / (c) Acceptable appurtenances to new and existing structures such as gables, psrapdts, balconies and darmsrs; (d) Acceptable textures and ornamentation such as paint colors and types, use of wood, stone, mWtal, plaster, plastics and other ran-made materials, use of shutters, wrought and cast iron, finishes of metal, colors of glass, such as 1 silver, gold, bronze, smoke, and other details or architectural ornamentation. E` (e) Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, j{ exterior carpentry, the or wood, banners, flags and projections; and PAGE 22 er anyrs (f) For those properties which are jites, areas, lands, buildings, structures, or vacent lots whicn are not of historical, architectural, archaeological or cultural importance or value, development or redevelopment toy be at the owner's discretion as long as there is no var;ance from the historic district preservation plan to materiels, scale and detail, appurtenances, textures, ornamentation ■nd accessories, and the owner complies with existing regulations. In these instances, no review by the landmark commission would be required, and no t j certificate of appropriateness would apply. j (6) Transit and Traffic Operations. The commission may review the transit and traffic operations in and through the 1 district and provide recommendations to the urban transportation department and city council on routes, sched;iles, one-way and two-way street patterns, park and rise, shuttle services and pedestrian facilities that will enhance and preserve the character of the district. (7) Public Improvements. The landmark commission may recommend to the city council occeptablo public architectural ` and engineering designs including street lighting, street furniture, signs, landscaping, utility fed liter such as r electric poles and wires, telephone lines; design textures of sidewalks and streets, such as brick, ston- and tile, and such other elements as deemed necessary for enhancement and preservation of the distri:t. (g) Administrative Requirements of Landmark Commission. (1) When a historic landmark commission considers an area as a possible historic district, it shall, prior to rendering iti final recommendation and report, submit its sport, including the district preservation plan or any proposed ordinance umendments to all city departments, boards and commissions and other pu:Iie agencies directly affected. (2) In addition, it sball, and prior to rendering its final recommendation, make the plan available to the landowners in the proposed district. In the event the arts under PAGE 21 4 v it l o .,sideta.'on hes established en. historic district committee, the commission may include the comments of such committee £n its final report, £f appropriate and desired, the commission should recommend that the city council adopt the res~rtctions to a sure that future public investment complies with the term of the district. (3) Commission approved medallions for designated structures within the district shall be prepared and, subject to i the approval of the owners, may be affixed to the "81, designated structures. (h) Charges In Provisions herein. Such :frulatior,s, restrictions, and boundaries may from time to t:ra be amended, i supplemented, changed, modified, or repealed. If case, however, of ■ Nrittfn protest against such change, signed by the owners of twenty percent or more either of the area of the lots or land Included Ia auch proposed change, or of the lots or land Immediately adjoining the same and extandi,,g 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of a.1 members of the city council. Section 21A•15. PENALTY j~ (a) It shat) be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demo.ish, rate, or maintain nr building, structure, or land in a hl Y.orie landmark designation in violation of the provisions of this 'rdinanee, and the city in addition to other remedies, stay Institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, rating, or maintenance, to restrain, correct, or abate such violation, to prevent any Illegal act, business, or %!intenaace in and about such premises. (b) Any person, firm, or corporation 'el aIatIng any provisions of thin ehaptar she;1 be guilty of s misdemeanor, and shall be deemed guilty of a sep.rats offense for each day or PAlf 24 1 Po^tlon theroof durirr which an> vlrletfon hereof Sa comnltteE, continuos or is permitted, 1'l el at Ion r and upon conviction 05 ~m' such be punishable b]• a ffne not to exceed two hundred dollars, Section ]BA•16, NOTICE. Any notice required to be given under actually delivered this title, if not shill be liven by deposStlnR the same in the i 17 United States Sell, posteRe entlt prepaid, addressed to the Y to whom such notice Person or address, than is to to Riven at his last known notice !a ,equired to be liven 1, own ere of property, such 1j noelee, to en oxner or eertitied or delivered or E reRlstered mall sailed by may be Owner, addressed to such owner or i who have rendered their said the Ownershl Preperty for city taxer as p ePP++ra on the lest approved city tax SECTION 1 ro11, i this ordim,ce she11 become effective date of PaasaRe end from and after its publication is required by law, PASSED AND APPA6YED this the ` day of i City O E TTODN' TEGR` S j ATTEST- CITY 01 EV28 o }0 t VFAfp APPROVED A TAYLORS LEGAL POAkf ATTORNEY, Cffl' OF,DENTCN 781U5 Jr. i i PAGE 2S I i i -e: r aaa~►~ CITY OF DENTON MEMORANDUM I DATE OF MEETING:_ April 1, 1980 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)t :onsider a resolution authorizing the signatures and the signing of the escrow agreement with the State for the widening of Loop 288, SUMMARY: State has retained escrow agreement for approximately $4090000. Council needs to pass resolution authorizing signatures for the escrow agreement and sign the escrow agreement. They should also take related action to agree on amount the City should fund and instruct staff to return the escrow agreement to the Highway Department after the contract and checks have been received from Melvin Simon, j FISCAL SLMMARYt I Cost to the City will be $300,000 less the assessment if the Council wishes to pursue this in the future. The assessment would net the city approximately $30,000. Bill McHary from Finance will add the funding sourcos. { 3 ( ACTION REQUIRED: Council should adopt resolution and sign the escrow agreenent art instruct staff to steps they should take to obtain an agreement and funding from Melvin Simon, ALTERNATIVES: Not to sign resolution and escrow agreement and not widen 288 at this time. STAFF RECOMMENDATIONS: Staff recommends approval of resolution and signing of the escrow agreement EXH IBIT$: 1. Memo to O.C. Hartung i CITY OF DENTWI MEMORANDIIM TO: G. Chris Hartun; FROM: R. Svehla DATE: March 27, 1980 RE: Escrow Agreement with the Highway Department for widening of 288 1 a resolution authorizing signing of this agreement and reconrnenda- tions on steps needed to insure the City has a limit of $300,000 liability. I I y We have finally received the escrow agreement from the Dallas Office of i Highway Department. The amount of money needed to be put up for widening iM { of 288 will be approximately $409,000. In order to meet State requirements, all present Council members will be required to sign the escrow agreement. The Highway Department will also req!d re the Council to pass a resolution authorizing all members of the Council to sign the escrow agreement. The attorney has drawn the resolution and it is included in the packet. In September of last year, Melvin Simon and Associates (the Mall owners) made a presentation to the Council asking for the Council's help in widening 288 frdn the MKT tracks to I-35f. At that time, Melvin Simon proposed to fund anything over $300,000 plus all the engineering costs of retaining Carter and Burgess to do f!,i engineering design. We have had phone conversations with representa :ves from Melvi,! Simon today and they have assured us they still intend to fund anything over $300,000. Their attorneys are drawing up a contract indicating this and we hope to have copies available for Council review by Monday. Finally, at the September meeting, the Council also decided to take the staffs recommendation to assess the frontaga on each side of 288 at $15.00 per front foot. Staff still recommends this proposal and if the Council still wants us to do this, we suggest that the Council follow this procedure: I 1) They pass the resolution auViarizing the signing of the escrow a3reerient and sign the escrow agreement. 2) Instruct staff to hold escrow agreement until a check and an agreement from Melvin Simon is received for any expense over $300,000. 3) Once the escrow agreement and related contract and checks have been completed, Council adopt an assessment ordinance assessing both sides of 288 at $15.00 per front font. i i i i Memo to G.C. Hartung Escrow Agreement of Mall Page 2 Staff will be available for any questions that you and the Council might have. Rice vDirector of Public Works s i i i ~(r _ . x.71 F 1 ~ t Wiwi 1 ft6SO11Uf ION tl WHEREAS, the city of Denton desires to widen Loop 288 from the MKT Railroad tracks to U.S. Interstate 35; and WIIEREAS, the State of Texas has agreed to participate with the City of. Denton on this project; and MIEREAS, the State of Texas requires that all council- persons of the City of Denton execute, an escrow agroement with the State for its participation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THS j CITY OF DENTON, TEXAS, THAT: SECTION I. It is the intent of the City Council of the City of Denton, 1 Texas to participate with the State of Texas in widening Loop 4 288 from the MKT Railroad tracks to U. S. Interstate 35, and I all councilpersons are hereby authorized to execute the necessary Escrow Agreement required by the State of Texas to i achieve this purpose, SECTION 116 i That this resolution shall take effect immediately from and after its passage and approval. PASSED AND APPROVED this the day of 19 8 0. , f CITY OF DENTON$ TEXAS AT f ES?': CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CITY of DENTON, TEXAS MUNICIPAL EUILDING / DEN TON, TEXAS 76201 / TELEPHONE (817)566-1200 TO: Chris Hartung, City Manager FROM: W. H. McNary, Director of Finance DATE: March 27, 1980 SUBJECT: THE FINANCING FOR THE WIDENING OF LOOP 288 V ~ ` Because of the urgency of widening Loop 288 and the current uncertainties of the municipal hond market, the most appropriate method of funding this project is through internal financing. Included on the agenda for April 1 is a resolution which provides fov the transfer of funds from the Electric System Fund to the 1 Street Improvement Fund in the amount of $300,000. + These funds represent excess cash generated from the refunding of Electric System Bonds in 1978. 'there is no programmed requirement for these funds within the next 5 years. This resolution provides { 4 for repayment of the cash advance through general revenues and at an interest rate of 10%. Repayment of this loan is feasible because of the increase in sales tax revenue generated by the Mall. i , W. H. McNaryy Director of Finance f PI r i i i J. i v owl i U E_S 0_L U T 1 0 N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION 1. The project entitled "Widening Loop 288" is hereby approved for the Street Improvement Fund. SECTION 11. The City Manager is authorized to transfer the sum of $300,000 from the Electric System Fund to the Street t Improvement Fund as a cash advance to be repaid from General Revenues over a five (5, year period at an interest rate of ten I percent (10%). ` PASSED AND APPROVED this the _ day of f i i CITY OF DENTON, TEXAS ATTEST: ~I Wtin~b -T; C7Tf EMMY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOAM: C, J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON$ TEXAS . DENTON CIRL'9 SOFTDALL ASSOCIATION ) THE STATE. OF TEXAS S COUNTY OF DENTON 1 CONTRACT FOR SERVICES This Agreement made this the lot day of April, 1980, by and j between the Denton Girl's Softball Associattc7, hereinafter referred to as the "Association", and the City of Denton, here- f inafter referred to as "City", each acting by and through its authorised officials, pursuant to the following terms and condttionar ~ i ~ I• , City Agreos to deposit with the Association the sum of Four j Thousand one Hundred and No/100 (14,100.00) Dollars and certain r fees and i charges hereinafter described, for the City's fiscal !J year 1980. Association shell submit an annual budget to' the Denton Parks end Recreatlon Department for approval which shall E set forth on an item by item basis the fees and charges herein- after described, and the above Four Thousand One Hundred and i No/100 ($4,100.00) Dollars, the City will make one ptyment to the Association on the lot day of April 1980, in the amount j projected to the annual budget. City shall make such payments f r` solely from current revenues in the budget of the Parka and j i Recreation Department. Expenditures shall be authorited for a period from April 1, 1980 through August 11, 1980. II. Association agrees to provide qualified umpires for all I Girl's Youth League Softball games and special gapes that are sponsored by the Denton Girl's Softball Association. III. . Association agrees to the following additional terms and conditions 1. It will establish a separate bank account for deposit of the Four Thouaand one hundred and vc/100 ($4,100.00) Dollars paid tc the Association by the City and 411 expenditutas for carvicos provided ahall be made from this account. ~ a~M/N v .M1G440~~ i 2. It will establish, cparate, and maintain an account system for this program that will allow for a tracing of funds I and a review of the financial ctatus of the program. 3. it will permit authorised officials for the City of Drnton to review its books at any tire. 4. It will reduce to writine, all of Its rules, requla- tiona, and policies and file a cop, with the Director of Parka and Recreation or his authorized representative along with any amendments, additions, or revlstons whenever, adopted, 5. It will not enter Into any contracts that would encumber the City funds for a { period that would extend beyond tho term of this Agreement. ` 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repra- j sentatlve by the 1st day of September, 1980. 'l. It will refund the balance of the special account -to the City of Denton on or before September 10 1980. { [ A. It will promptly pay all bills when submittedt unless there is a discrepancy in a bill which should be promptly 4 I reported to the Director of Parks and Recreation or Ila mull- t( ocized representative for further direction. { 9. It will appoint a repraaentattve who will be available to meet with the Director of Parks and Recreation and other City officla!u when requested, j 10. it will indemnify and hold harmless the City from any and all claims and suits srlatng out of the eotivltles of the i As.vo:tation, its employees, and/or contractors. 11. :a will obtain releases from the officials which will release, indemnify and hold harmless the City and the Asso- elation from any claims, injuries, or damages of the officials. 12. it will retain officials as ladepandent contractors and not as employees. f ' The general terms and conditions are as follows. 1. If any of the terms and conditions are not complied j t ~ v 1 I With by the Association, the City is authorised to refuge to E make any further payments until the condition on which the complaint is based is cerrected to the satisfaction of the City. 2. Thin contract shall be subject to all valid ru:es# i j rogulations, and lawn applicable thereto as promulgated by the united States of America, State of Texas, or any other govern- i mental body or agency having lawful jurisdiction, 3. Association is authorised and should give notices I required herein to the Director of Parks and Recreation or that person's authorised representative. Any contributions or gifts received by the Association i are not sub act to the j provisions of this contrast and they,. e should be kept separate and apart from the funds, charges, and E fees covered by this contract. f[ 1 S. Association shall provide Its services and be paid by 3 the City in the capacity of an Independent contractor and not f i as an agent or department of the City. It shall have complete t ~ control, supervision, and responsibility for its activities 1 { under this contract including the hiring, supervision, end control of its employees. i IN w1'PNESS Rumor, the parties here h, acting under j { authority of their governing body and Board of Directors, have caused this contract to be duly executed In two counterparts, i each of which will constitute an original, as of the tat day of April, 1980. i ' BILL NA , FRYOA i CITY OF DENTON, TEXAS y i ATTESTS DENTON GIRL'S SOMALL f ASSOCIATION 8Yt 3 BA KS H T, CITY SECRETARY ID M, pRESIPENT i CITY OF DENTON, TEXAS APPROVEO AS TO LEGAL FORM: C. J. TAYLOR, JR.t CITY ATTORNEY CITY OF DENTON, TEXAS j 81't ~ lii Y+~ City of Denton Memorandum April 1, 1980 Agenda Item: Consil.er the final plat of Skyline Addition. Summaw. The petitioner, Mr. R. B. Melton, Jr. seeks to subdivide a 777 acre parcel, which begins at the southeast corner of Lindsey and Kendolph Streets,into three K(e3) ndolph isr60e3ifeetiX1140efeethandoestablgishestae10afootebuilding linenalongand Lindsey Street. Article 13 of the Comprehensive zoning ordinance specifies "on a corner lot used for one-family or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after the effective date of this ordinance, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the City Planning and Zoning Commission containing a side yard of ten (101 feet or more the building provisions on the plat shall be observed." { The Planning and Zoning Commission considered the final plat of Skyline Addition 1 at their meeting of February 20, 1980 and recommended denial of the plat. Upon request of the petitioner, the plat was placed on the Planning and Zoning Commission Agenda of March 5, 1980 and was approved by the Planning and Zoning Commission, j however the Commission was unaware of neighborhood apposition to the plat, moreover the apponenets were unaware of their right to oppose the plat at the Planning Commission meeting of March 5, 1980. For the purpose of affording the opponents an opportunity to convent on this plat, this item was placed on the Planning Commission Agenda once more and at their meeting of March 19, 1980 the Planning Commission unanimously denied the final plat of Skyline Addition. Concurrent with the Planning and Zoning Commission consideration of the plat, Mr. Melton petitioned the Board of Adjustment to grant a 5 foot variance of the 10 foot building line being established by the plat. After mailing the public notice to property owners within 200 feet concerning the 5 foot variance before the Board of Adjustment a number of letters were returned to the Planning and Community Develupment Department and were filed in the Board of Adjustmert case file, but 4 the letters were in opposition to both the Board of Adjustment varianca request and the final plat of Skyline Addition! (The Board of Adjustment denied the 5 foot variance request at their meeting of March 10, 1980.) Recommendation: The planning and Zoning Commission unanimously recomminded denial of the final plat of Skyline Addition. 1 .Alternatives: The City Council can either approve or deny the plat. r , ` Y i ...mow Skyline Addition Page Two Action Required: The City Council can either approve or deny the plat. Exhibits: A. Memo B. Map C. Petition, letters, and reply forms / UV_ i t i 1 i I I I J i I 1 i Fd ' V Ir K~ E. f wClw•r V..I ' SMALL TRACTS L~ LINOSEY w SM:~' 1r SO S. 17' 14a *0 LOT 2 f I too fir IV w e T I F41 LOT 3 31 A ..J I BLOCK I o h I ~ w +w ee' • ~sG+~r Y Ta-: er~ c' We the undersigned oppose the replatting proposed by',R. S. Melton, Jr., of the lot on the southeast corner of the intersection of Lindsey and Kendolph. Because of the ele- vation of the lot, a turn south from Lindsey to Kendolph is practically a blind turn. The additional visual obstrue- tioa resulting from a house being built only 20 feet from Lindsey %ould make this turn quite dangerous. In addition, Mr. Nelton has openly stated that the replatting of this corner lot is the first step in an attempt to obtain replatting of the large lot (approximately 460 feet of i frontage on Rendolph) immediately south of the corner lot. Mr. Melton has stated that he plans to request a replatting 1 oC this property into 6 lots with 60 foot fronts and one lot E with 100 foot frontage, There are currently no lots on Kendolph between 155 and Willowwood with 60 foot fronts. f Mr. Melton his further stated that he intends to build homes on.-these lots and to keep the ownership of these homes in the Melton family. That is, Mr. Melton intends to ultimately seek the replatting of a piece of property 610 1 by 225 for the purpose of building rent houses. We feel that thet intrusion of ouch a large contiguous block of rent property is damaging to the integrity of the neighborhood and clearly violates the spirit of the current single family zoning, M i Name Address Date. 40 Z41-of A Nf :,L'RS'? ' ; ~ + C„ ~a .r.r • du •L~w. C+sl•r!~ ~t: SF #i`}; `y~~.,~'A ~ ~ •i112v,.,t>ftv} I~ ,G'. l i LNVLK•CV IQ~L GL ~UL~Os~'~L 15(1 (iC~i.C~S,O-~Lt. i.i'~/ l~K Yi'~.•1 L~ I l ~l i~ 5ev lee~.tvaieo-W 317150 Tut 1 14 /001 r~~ j oo s CLC4,v 9L, /~<!t~ /4 0 ~Is~s~v I 6 frl 3-4y -0~0 / v 31 M of rito 41 I • V 160 LPL-t I i I I . ?i & qe r~~ L~•tn,~ , Address Date 00 tIVAO 70, O(k 1 f t I i'na{,~►} ~S.~~~ 1• ~ i~r•-t~" d rV:.A" rT•{t~.,~.7,y~~ i- 1 1'..,, I iefal 4 V 4k ~0'4 vi wrpmoe W'. 4 J~ /910' I~ C,✓.~ / ~l owe / AL... :I r ~ ,4k,4 pr P) 6 y f t~k r 0~ 7~1V. /gi r~u1~t,J ~~2c /°ti,c~ /8a y yY~GGo►~+hv~~ ~~,/~•c; , 9~' ~ /3/i -twK i lot N=e Address Date to jw&q I ta, ego 1 4.' 'D J."(A-~c,!Sir oll 41, % I-e 05, f fi 0II,, to Oq 0 it 13P 800 9W, I, iL I .4b ftA. I., I J]J~ 1 March 9, 1980 To: Planning and Zoning Commission, Denton, Texas , On Wednesday, March 5, 1980, the P. and Z. met for the second time I to consider a request by R. B. Melton, Jr., for a replatting° the lot on the southeast corner of Lindsey and Kendolph. The replatting was I apparently denied the first time because of the size of one of j the resulting lots. Mr. Melton's plan for replatting also carried with it a request for a five foot variance. Slime of the immediate neighbors were not! '•-3 by Mr. Charles Watkins, a staff member of the P. and Z., of a me. C the Board of Adjustment on March 10 at which time discussio! if the request for the variance would take place. The adjacent property holders were not notified by the city of the meeting when the replatting was discussed; some of the neighbors I learned of this meeting of the P. and Z. as a result of an open letter that Mr. Melton was circulating in the neighborhood. In this letter Mr. Melton was seeking support for the replatting. A call was placed to Mr. Watkins' office on Tuesday, March 41 in order that more information concerning the meeting of March 5 could be obtained. Mr. Watkins stated that the request for a replatting had been denied the first time and h4 felt sure that it would be denied the second time. He was specifically asked if those in oppo- sition to the replatting should appear at the March 5 meeting with a petition voicing their opposition. His replyf "No,'' In fact, i he stated that this was essentially a closed meeting and that those in opposition would not necessarily be given an opportunity to make their positions known. He restated this same position on Thursday. r. Mr. Watkins indicated that the presence of those in opposition to this replatting would not have had any effect on the considerations of the P. and Z. Subsequently, members of the P. and Z. indicated that the total lack of opposition at the March 5 meeting certainly con- tributed to the approval of the replatting. The attached petition indicates the existence of opposition. Certainly the variance is not desirable to some. The 60 foot frontage of one of the lots is damaging to the integrity of the neighborhood (and it's very difficult to see well enough to turn south safely at this corner as it is)j the variance merely exacerbates this problem. But the larger issue concerns the propriety (or impro- priety) of the entire procedure in this matter. Mr. Watkins' i statements were unfortunate to say the least; to say they were irresponsible is perhaps somewhat harsh but closer to the truth. 't i It seems that by far the fairest solution would be to reschedule ~ i yet another hearing by the P, and Z. on this matter. IOUJA ~ r i i e, . . rer~ )e it on, Tx 15 ear ;=Ci rIinn( ng dnd ton in] :omnissIon City of )anton ,entlNmani Va underatar.d that a Planning and Zonlnq meitIng is sehedulid on 1g %,arch concerning the proposed re-platting of the lot on the corner of Kendolph and Lindsey. V nce ,e Ilv4 In that -elghoor'nood and consider such activltiea of interest, va re- grtt tnat Ni have a pr,:vI*us commitment that wIII prevent our attending that meet Ing. Ir+ Ilou of attendence we are sending this note to Indlcate our concern about thin ratt-tr. Cur underatanding is tnat tie pro- p.)sed replatttng roill result in the addltlon to our nelgh'oor- hood of 0o Iots that are much setallar than any of the Iota In the vicinity (maybe 604 smaller), !rh11e technically acceptable under the prevailing zoning, they are out of place In the exist- Ing neighborhood as It has evolved. oe fear that the approval of tnis reyuaat may set a precedent that All allow the degrada- tion of the character of a now well-established neighborhood. u request that the proposal for replatttng be Cenied, The original plat of this property is In line With the other proper- ty In the vicinity and will tend to maintain the nelghborhood's character, Sincerely, tvbkx~ i Catherine F Conrad T7s.~' Oenls A Conrady r f i f f • n , Ad, • •I lit / lt. ' ' /.mar( ~~li N1 • I r-i~L~. r ~ r ~rr~C~Gy✓f'/ ,i• r µ ~ IL~f.tlr t" 10 ~ err , r•!.~ A 4. P 01 • 1 /trr w i a. , /,mil t PI ~ 1 ~ 1 • ~ w` ,f w / i ~ acv N .rw ~ ~ i ' i ' ~j Girl ✓ / . ~ r i ~ 1 • fir±1 f i ~ i i ~ l ~ ' r / w _ 1 1 i I r• i y~w,,,u,,.».._ . _ I I 1?14 ll~e CGS ~ 9 Ole rte -,t, J llo~ SbWQ do-rrtrn.~, ~ , ~t 7 ~4 ~t 1a3t l~,t -cM- J l d i ~ its n~} ~t yet "i) ~ ••..J ~-~~"rOn i iv -1 i.. 13t 1fJ l,90 1; it c01..1 ~i0117 Y:- ajr ".t11 t, rl 0 v•° '1OU o'? of t:.^~ ll:i;_1v0•~l ~Gi:. k J.' 'a?i t •.Z~ ..^~.Il~i+t Oi u iL f,l,"It' ri~)y' rF `1's E.` ZL, 01~..' 7M~.~ +0 :':-.thy: r, _ r s r i~C fit. . 1..e.`.i~ :'1~ Q r ''t♦.i ' ± a't t ~ a^,, , yt)L a n Jr ;r`r tnOr, .,n 1,JY • C J 6 r .3 t -t ' OF `rl? AJr aEa.ll.i''1 rf.. tr a e. ,C1 ,0 fir" C .vet n, Ur•+ '7; yi, ± r(+•.rJ ,~'3C`. tl9 alt`7l C in .L'..C: ll': Ov.9. +U ,i'JQlti v 0 " ! s i; n: :.t I o I I Plsnning and Zoning Commission c/o Community Development Dept. Municipal Building E. McKinney St. Denton, Texas 76201 Refs RePlat of Meltons at cor, of Lindsey and Kendolph autfoot: Proposed Reconsideration by P&Z Gentlemen: Since I may not be a7ailr.ble on 19 Marcht I request that this be inol•xded in the record and road at the recon- sideration proceedings if they are held. I an presenting this specially and not generally, in order to suggest that the reconsideration of this matter may not be procedurally proper, coming at the time it does, and after adoption of a recommendation for approval. I suggest that approval of a replat which conforms to municipal ordinances is a matter of right on the part of an applioant and is a statutorily-imposed duty on the part of a commission and/or governing body. See Revised Statutes 974s, part 4• 1 suggest that the Commission ! acted properly in approving the replat at its previous meeting. Approval of the side-yard building line shown on the rsplat was discretionary, and if reconsideration were pro- I per, a confirmation of the prior approval would be appro.- priate since it will result in the swto side yard as the house across he street and lack of such approval may result in a conform._.~ struoture differing significantly from established neighborhood arohitco.ure, For the reasons stated above reconsideration should LI not be made, but if it is, the prior approval should be reaffirmed in all reapeotne Respectfully submitted, R. 9. M*I,ton Jra 15 Maroh, 1960 n~CcIY~D PAR ~ 9 1980 REPLY FOAM Case No. 8A-1203 The Board of Adjustment would like to receive your comments on tIiis•case in order that they may make a better informed decision. If you desire to express an opinion, please complete this reply form and return it to the following address by _ March 10 X090 City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hearing and we encourage all interested parties to attend and comment if they wish. If you have any questions pertaining to the case, please call•the Planning office at. 566-83500 REPLY RECEIVED MAP 12 4,980 o ( ? I am in favor of this variance. i (?C) I am opposed to this variance. i My reasons and/or comments are as followst 'd, al, eL Ig _4011L ArQ i V4 T _Vat rl 10 /1 rpt Address Phone Ko, KEPLY FORM Case No. BA-1203 The Board of Adjustment would like to receive your comments on this case in order that they tray make a better informed decisioi.. If you desire to express an opinion, please complete this reply form and return it to the following address by __MUIh tn.]SAO City Planner Municipal Building 215 East McKinney Denton, Texas 76241 This reply form in no way affects your rights to attend the public hearing and we encourage all interested parties to attend and comment if thAy wish. If you have any questions pertaining to the case, please call, the Planning Office at, 566-8354. • RECEIVED MAR 1198o REPLY ( ) I am in favor of this variance, I am opposed to this variance. E My reasons and/or comments are as follows r ! c,C _zw v / I.. a a Alt" Q 4 ' D3 a. 44L"& C 8igoature l Address phone No. f , - KLYLY FORM Case No. EA-1203 The Board of Adjustment would like to receive your comments on this -case in order that they may crake a better informed decision. If you. desire to express an opinion, please complete this reply form and return it to the following address by. Aych 10 19Rn City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hearing and we encourage all interested parties to attend and comment if they wish. If you have any questions pertaining to the case, please call•the I Planning Office fit, 566-6350. s REPLY Rfi4,V Fp'YAR I am in favor of this variance, X80 I an opposed to this variance. i My reasons and/or comments are as folloi s s r,ue t/c'ioo yyr li S✓ G •j~•~vs J'iir>'iltr fare /L%d/~cr~t fe~,r.1 ~r c~ '~•r i' - y//!r _V oa yv , t. L) " ~ •1 r 6' ~ i •~r ~ ~a r' • r~ r~i-r gel? /lds~ TJ 14ifeevlrretF i4Zl d /rr.• tt~Y Signature ,r Address /f/y /~~•,rr Phone No. ..797 • . ,~ti / N /1 D / ~`ia .u /~,g ~=tc T NAit .Q `.W' /`•ied.vjd C• i ~ uiv :r'F.v,1CGl~N 7'1141 wm~•~~ !fie ee3~441) Co~rir/~c-fc"- T q ;L,e• ' ~`/'.'f N {.~,w a~i l~u FV >r~ a f T~%'•' Tt~~.r ~j/f~//1 P~r,r f' /rE'¢'~C~'j %f/~/ jXc4 6fl/C:~ eIg 4A,,4, 40t CGNfi9 SA j ,rc c'sf.~t..C/ra 04+r'•~-f°~ /J1 //l/ M y M e40.4-7 F'O r!`.4 L~'t /`G Ir %//cL ~ : c, J r r. rt t° /~E vC'4+~►1•+w F.r.!' l i` 6Ty0;1 r' i*.l /~liYr ASa"/ TIC' ~/rlLo~~cYs.7. '.`/.t wpvG/J CNSv~ '/L ~ /G.t1,7~l1 ~E c' /J Cv.u s/S~A,~. c y qNI) /~/dCfcc•T /~idcs E,~,~ f`'/°.~.. cc L,lN•',1 3 /~/1t.f~ f ?a,e Cf.v1 dit ~~/e+ru )".t/~7' U.a✓C/J ~ v r ~ a•.tl7`r ew~l iTt f C'C,ti,c p it fA /~i t, ~,Y, i E ~ t PEPLY FORM Case No. BA-1203 The Board of Adjustment would like to receive your comments on this -case in order that they may make a better informed decision. X£ you desire to express an opinion, please complete this reply four and return it to the following address by _ march It)- IQAr . City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hearing and we encourage all interested parties to attend and comment if they wish. If you have any questions pertaining to the cass, please call, the j Planning Office ;.t, 566-6350. REPLY RUES ;Sao I , I am in favor of this variance$ x) I am opposed to this variance. 1 E My reasons and/or comments are as followst, (see &b&"*e* letter) 3ignatur.e - Addrsss 1510 Xandolph Phone No. . r, 332-2033 (home) 768-2403 (office . e Ink] f I 1510 Kendolph Denton, TX 76201 March 3, 1980 Mr. Charles Watkins Development Review Planner Municipal Building Denton, TX 76201 Dear Mr. Watkins: My wife and I own a house at 1510 Kendolph diagonally across the intersection from the Melton property at 1605 Kendolph. ingbat5 foot st to 'the ide yard setback Maltono Jr. hogseat- at 1601 Kendolrh- In the first place the proposed house would be too close to the intersection and would cause a traffic hazard by blocking the view of drivers entering the intersection. With all the nsw houses being built on Willowood, there will be more traffic. In the second placa the lot in question is very long and narrow with a row of lArge trees on the south side of the lot. To avoid cutting the trees, a builder would have to set the proposed house squarely in the middle of the lot and, of course, build ! a very long skinny house. Such a long house built practically on the sidewalk will be aesthetically unpleasing from both streets. in the third place Mr. Melton, Jr. has given us the impression that the house would not be for sale--that he would either live in it himself or rent it. while we do not object to rentalmanaged pcrty in the neighborhood, we do object to rental property by the Meltons, particularly R. S. Melton, Jr. Since Mr. Melton, Sr. and his wife Frances bought another house across town and l have been renting the house at 1605 Kendolph, both the house and j the yard have been in a state of disrepair even worse than befora t their move. The corner lot on which the proposed house is to be built is continually overgrown with weeds and briars. In fact, one wcman in the neighborhood took it upon herself to trim the bush at the corner of Kendolph and Lindseyunderste better tvisi hat- bility to drivers turning the corner. the present rental house is maintained by R,B.,Jro and that whatever maintenance done is of the patch and piece variety. Fourthly, Mr. Melton, Jr. indicated to us that he wants to build the house himself. He has hauled in a number of scrap items and stacked them by the old barn behind the Melton house, which I K r . r is not only an eyesore (with its rusty old car and overgrown weeds and briars) but also a fire hazard (it did catch on fire last year). Are the scraps of lumber to be part of the new h Melton's ouse? Are the used plumbing fixtures for the house also? Mr. appropriate ltoitheerugged uindividualisme of cement t fromixer ntier r than more modern suburbia. Finally, Mr. R. B. Melton, Jr. indicated to one of the neighbors that he hoped eventually to develop the large plot on Kendolph south of the Melton house with rent houses similar to the one he wants to build at the corner of Lindsey and Kendolph. The area is zoned SP-7, which evidently requires a certain size lot and house. Since that property is about 275 feet deep, Mr. Melton suggested that he could divide it into lots 60 feet wide, thus squeezing in a larger number of houses. Such a series of rental row houses, whose renters have not been known for manicured yards, would mean certain death to a quiet and beautiful neighborhood. Becauae I teach a night class in Dallas at 6:00 on Monday nights, i will be unable to attend the hearing. I certainly hope that f your Board of Adjustment will not grant this request. Sincerely yours, 13 Charles B. MartE Darlyn D. Martin I i F I I` t } J~ 1 kr • C 1 1 - REPLY FOEW Case No. BA-1203 i The Board of Adjustment would like to receive your comments on r j ' this case in order that they may make a better informed decision. If you desire to express an opinion, please complete this reply form and return it to the following address by March 10, 1980 City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply fora: in no way affects your rights to attend the public hearing and we encourage all interested parties.to attend and comment if they wish. { If you have any questions pertaining to the case, please call,the Planning Office jit, 566-8350. ? REPLY I I am in favor of this variance. ~X) I am opposed to this variance. I ~ My reasons and/or comments are as folloass IA 1 Signature ' v Address IXA Phone No. i I 7A- i2A3 ~ ? r r., ~ r 1601 Lindsey _ Street RE_ C L t, r- 0 S ,,,•1 0 R Denton, Texas 76201 March 3, 19BO I~ Mr. Charles 5. Watkins Jevelapment Review Planner Office of Community Jsvelopment Municipal auilding Jentan, Texas T6201 Dear Mr, Watkins.' R. d. Melton, Jr. has spoken to us about his request to replat the corner lot located at Lindsay and KandoAph. Although we are not situated near enough Mr. .Melton's prop *49d building site to receive a notice of his variance request. .ur lot adjoins the Melton proparty on the Lindsey Street sides •nd we are concerned about hiu plan to build so close to the corner. 3ocause of limited streets in this neighborhood, both Lindsay and Kendolph carry more traffic than many residential streetsl traffic is likely to increase as new families move into the area now being developed south of 4illowwood. The lrnd on this corner slopes up sharply fr)m the st.ceat, and for sometime overgrown shrubs have mdda it difficult for those of us who live in the neighborhood to sea around the Melton corner. How much more our vision will be limited if a house is built a mare 20 feet from the street, as Mr. Melton has pro• j posad. Clearly, the Meltons are trying to get as many lots as possih4,e from this land. 'chile we can appreciate the financial advsn'age this would afford them, the recent trend in this immediate roeigh- borhood has been toward larger lots. In the past five years { three houses have been br.llt on If acre lots adjoining or situated very near the Melton lano. Mr. Melton's plan to build modest i rental units on small lots would certainly not enhance the property f value of these homeowners, de have no reason to think that ad. il) ditions), rental units would be better maintriinad then the property surrounding the 1603 Kendolph house, which the family now rents. The land seldom mowedl garbage which blows into the shr.~bary remains r.r.jrs indefinitely, and an old barn is surrounded rith E an accumulation of boards, plumbing fixtures aid a rusty Auto- mobile which has not been moved for about a year, chile we realize that the city cannot control the building of rental unite, we hope that lots can be kept a rsasonable site, and that a house will not be allowed only 20 feat from Lindsey street, blocking the view at the Lindsay/Kendolph intersection. Thank you for your consideration of this problem, 5lnearely, ~~r. and Mres A. gilliam McCarter WWI REPLY FORM * Case No. BA-1203 The Board of Adjustment would like to receive your comments on 00 this-case in orrier that they may maka a better informed decision. If you desire to express an opinion, please complete this reply form and return it to the following address by March IQ, 19AQ City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public.hearing and we encourage all interested parties to attend and comment if they wish. If you have any questions pertaining to the case, please call.the Planning Office ot, 566-8350. 1 I 1 REPLY ( X ) I am in favor of this variance. ( ) I am opposed to this variance. My reasons and/or comments are as follows! A well-planned house on an attractive lot , Signature. R. B, Belton (Sr,) • Address a16 T.t~ri eedd nr.. nanten - Phone No. 383-3391 Pt REPLY FORM Case No. BA-1203 The Board of Adjustment would like to receive your comments on E this case in order that they may make a better informed decision. If you desire to express an opinion, please complete this reply form and return it to the following address by March 10, 1290 City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way, affects your rights to attend the public hearing and we encourage all interested parties to attend and comment if they wish. If you have any questions pertaining to the case, please call, the Planning Office 0,566-8350. REPLY 1 ( X) I am in favor of this variance. ( ) I am opposed to this variance. by reasons and/or comments are as foliaws. F - E t I ~ • Signature t~ (3- -Address Phone No. 1 April 1, 1989 CITY COUNCIL AGENDA ITEM # SUBJECT: Consider Final Payment to LWFW Consultants for Aubrey Reservoir Financial Feasibility Study. SUMMARY: In early September, 1979, the cities of Denton and Dallas retained the services of LWFW, Inc., Consultants to perform a financial feasibility study of Aubrey Reservoir. The Study has been comr1eted to the satisfaction of both cities and LWFW, Inc., has submitted a request for final payment (see Exhibit I). FISCAL SUMMARY: Study costs have been allocated to both cities in proportion to the percentage of the safe yield to which each city will be entitled. The City of Dallas will pay 741 of the costs, while Denton will pay the remaining 261. Payments to date are as follows: TOTAL COST DENTON SHARE DALLAS' SHARE j i Payment #1 $10,742.66 $2,793.09 $7,949,57 ll M Payment 12 $ 6,311.26 $1,640.93 $4,670.33 Payment #3 $11,422.44 2 969.83 8 452.61 i i (final pmt) f TOTALS $28,476.36 $7,403.85 $21,072.51 SOURCE OF FUNDS: i Budgeted Funds (Account #04-50-85-02) i ACTION REQUIRED: Authorize final payment. I + STAFF RECOMMENDATIONt I The Public Utilities Board, at their meeting of March 26, 1980, recommended that final payment to LWFW, Inc., be approved in the amount of $11,422.44 of which Denton's share will be $2,969.83. 1 Respectfully, k It. E. Ne son Director of Utilities EXHIBIT Is Invoice I v. INC. MANAGEMENT CONSULTANTS Dallas Houston Austin STATEMENT February 11, 1980 Mr. Chris Hartung City Manager City of Denton 215 E. McKinney Denton, Texas 76201 AUBREY - FINANCIAL FEASIBILITY STUDY January - Professional Fees $10,181.25 Expenses 1 I241.19 j r1 TOTAL $11,422.44 FINAL BILLING t i S 12700 Park Central, 3u1te 1805 Da1Jas, Texas ?3231 12W233-5561 CITY OF DENTON MEMORANDUM DATE OF MEETING: April 1, 1980 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)t Consider final payment to Claude Smith Construction Company for overwidth paving on Kings Row. SUMMARY: Claude Smith Paving and Excavating has completed its construction of Kings Row adjacent to Kingston Trace, Sections 1, 11, and III. The City of Denton's cost is based on the cost of all improvements in front of the ' electrical substation and the cost for extra width and extra depth of asphalt on the remainder of Kings Row, FISCAL SUMMARY: $19,156.19 is available from the Street Department to cover this expense. i i 1 ACTION REQUIRED: Council needs to recommend approval of.payment. ALTERNATIVES: 1 4 Not to pay the amount of $19,156.19. E STAFF RECOMMENDATIONS: The staff recommends approval of payment. EXHIBITS: 1. Memo to G.C. Hartung 11. Memo to Rick Svehla CITY OF DENTON MrMORANDUM TO: G. Chris Hartung FROM: Rick Svehla DATE: March 27, 1980 RE: Overwidth Pavement to Claude Smith on Kings Row Attached is the memo from Greg Edwards showing quantities that we need to pay for. The original estimate was about $18,500.00 dollars. The extra amount of money is for lab elfrom the additional that we asked for. Funds are avai cover this expense. t Anv 01a { I F CITY OF DENTO"l 14EMORANDUM TO: Rick Svehla FROM: Greg Edwards DATE: March 24, 1980 RE: Overwidth Pavement on Kings Row Claude Smith Paving and Excavating 1,as completed its construction of Kings Row adjacent to Kingston Trace Sections I, 11, and III. The City of Denton's cost is based on the cost of all improvements in f front of the electrical substation and the cost for extra width and i extra depth of asphalt on the remainder sf Kings Row. The quantities { are as follows: Item Unclassified Excavation 20 C.Y. $3.25/C.Y. $ 65.00. Concrete Curb and Gutter 40 L.F. 4.40 L.F. 176.00 Concrete Drive Approach 204.4 S.F. 2.00/S.F. 408.80 Lime Stabilization 1,625.55 S.Y. 2.25/S.Y. 3,657.50 i I 1 1/2" H.M.A.C. 1,594.44 S.Y. 2.55/S.Y. 41065 83 4 1/2" H.M.A.C. 1,594.44 S.Y. 4.85/S.Y. 7,733.06 1" extra depth H.H.A.C. 3,050.00 S.Y. 1.00/S.Y. b1~3015 We have verified that these quantities have been installed and that we f have inspected the construction and tested the materials to assure our- selves that the improvements were installed in accordance with City of Denton specifications. We have received the one year Maintenance Bond and feel that the payment to Claude Smith Paving and Excavating should. be $19,156.19. /duQ Cc~'tJ~o~ . _ _ a t -MSr April 1, 1980 CITY COUNCIL AGENDA ITEM SUBJECT: Consider Participation in oversize 16" Waterline along IH-35W. SUMMARY: i Bob Jones, a local developer dba/JJ Construction Co., is developing a site on IH-35W (see Exhibit I). The City is i requiring the 16" main and will participate in the difference between the 16" and 8" required to serve Mr. Jone's development. FISCAL SUMMARYs Low Bid i Cost of 16" Line $37,518.10 $26.99/ft. Cost of 8" Line $19,794.00 $14.24/ft. TOTAL COST TO CITY $17,724.10 a Source of funds: Bond fund projects included in 1979-80 Capital I Improvements Plan. ACTION REQUIRED: Approval to participate in oversize 16" waterline. ALTERNATIVESs 1. Participation in the oversize line. 2. Do not participate in the oversize line and allow Bob Jones to install and pay for an 8" line. 1 STAFF RECOMMENDATION: The Public Utility Board recommends the approval to participate with Bob Jones in the oversize portion of the waterline. Respectfully,, R.E. Ne Bon// Director of Utilities EXHIBIT I Map IT Participation Agreement III 1979-80 Capital Improvements Plan kc7~ • r.L ` r W ~ YJ~ r IG 99.2 ac, / - rf I A t ,T ,1 ~ . 4 X44 ' - , j . ' ' . ~ 1' ~ f~ f 29.411 ac. ago y a~», ~/f i 6 2 s s a / y 's s~ r ~ ,'ill I _t''+ a 4Iw A!`!.' r r' r ' 'JIM 1• } ` '1 I I i M PARTICIPATION AGREDU NT THE STATE OF TEXAS X MMW ALL MEN BY THESE PRESENTS] COUNTY OF DENTON X THAT WHEREAS, Bob Jones is the developer of certain property shown on the attached plat, which plat is incorporated herein as if set forth in full, in the City of Denton, Denton County, Texas, and desires to serve such property with offaite water facilitiesp and, WHERM # The City of Denton desires that such offaite water facilities be oversized and the City will participate in the ' additional cost of the oversized facilities pursuant to the f provisions of Section 25.75 of the Code of Ordinances of the City of I Dentonr Texas; s NOW, THEREFORE, THIS AGREDENT, made this day of f 19 by and between Bob Jones , Denton, Texas, r hereinafter called 'Developer', and the City of Denton, Texas, a i Home Rule municipal Corporation of the State of Texas, hereinafter called 'City'1 WrIMSSMS 1. The Developer will install, by contract or otherwise, a water line and appurtenances to serve the property described on the attached plat in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said water facilities shall be located as shown on the attached amps which are aulde a part hereof for all intents and purposes. 2. The City's share of the eatiaated cost of said water facilities is $17,724.10 . Upon completion of construction and acceptance by the City of said water facilities, the actual cost of the City's participation in said facilities shall be det-tirminad and certified i "Owl to by the Director of utilities and his certif.'.aate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. J 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said water facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong-doing of kE I Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this contract, and Developer will, at its own coat and expense, defend and protect against any and all such claims and demands. IN WITNESS WEEADOY, this instrument is executed in i triplicate originals this day of , AID, 19 1 CITY OF DEMMl TEXAS i By t I ATTESTS SROORS 8oLTe CITY SECRTARY CITY 02 DENTON, TEXAS Bob Jonts DOA/JJ Construction Company Bye ATTESTS I M1 V E it PUBLIC UTILITIES WATER I SEWER 5 YEAR CAPITAL IMPROVEMENT PROGRAM 1979-80 Sewer Plant Expansion $2,115,000 Hickory Creek Interceptor Step (II) 380871 North Lake Park Water Line 40,000 North Lakos Park Sewer Line 400000 Oversize Water Line 110,000 Oversize Sewer Line 1)0,000 Rockwood Street Sewer Line 15,120 Cordell Street Sewer Line 64,260 Cordell Street Sewer Line (Hnry.380) 27,540 Highland Park Road Water Line 40,060 Kendolph Street Water tine 29,700 Cleveland Street Water Line 189360 Audra Lane Water Lire 168,480 Westgate Water Line 430200 "Water Taps, Loons and Meters (253,405) "Sewer Ttps ( 68,120) (321,525) Lift Stations Afarm System 18,000 Lift Stations Backup Pumps 10,250 Lift Statlcn Portable Pump 110700 2,900,541 *"Con unity Development Projects l A. Crawford Street Water Line ( 35,000) B. Wood Street ( 350000) ` C. Ruddell Street Water Line ( 35,000) 0. East Oak Street Water Line ( 16,250) ' E. Vine Street Water Line ( 3509CO) F. Bradshaw Street Water Line ( 36,800) j G. Daugherty Street Winter Line ( 380700)- H. Vine Street Sewer Line ( 290700) 50) 1980-81 Sewer Treatment Plant S 194,722 1 Hickory Creek Interceptor Step (111) 102580800 Oversize Water Line 1170000 Oversize Sewer Line 117,000 Elevated Water Tank 5850000 Normal Stroot Water Lin:, 35,100 Windsor Street Sewer Line 93,600 Haynes Street Sewer Line 140040 Grogg Streol Sownr Line 140040 Water Plant Pump Addition 92,600 ;1,521,902 "Water Taps, Loops and Motors (1970045) "Sotier Taps ( 52,970) k IV. )PEN WCOUNT ZT^ F my.. ---mv C♦ IT"FiON V1;37~oft V1 NRon VI Ii OR ~ V> A~It VM:fll-iO ti- JF.FlW1t f !c~ ~f~'~11cYiyt a~ III 2a q ' Soo it f ,T o ~ Oki gy- i f r51 P1 MEMORANDUM DATE OF MEETING: April 1, 1980 AGENDA ITEM: Bid #8748 Pickups and Van SUMMARY: This bid to for the replacement of a group of vehicles to be used by the various departments in the City of Denton. Thirteen vehicles are motor pool replacements and four vehicles are additions to the fleet. The fleet additions are one 3/4 ton pickup for the Airport, one 3/4 ton pickup and one 112 ton economy pickup for Electric Metering and Substation, and one 3/4 ton van for the Water Meter Department. The units being replaced will be sold at public auction after the new unite are placed in service. FISCAL SUMMARY: Both motor pool and using department budgeted funds will be involved in the purchasr of the thirteen replacement unite, and only departmental bad- get funds for the fleet additions. Motor Pool account #06-00-67-07 $ 39,407.36 1979-80 Budget Funds Capital Expenditure $ 64.449.73 f i Total Purchase $103,857.09 i F ACTION REQUIRED: t Approval by council and award of bid. ALTERNATIVESt 9 None. p STAFF RECOMMENDATIONSt f We make the following recommendations. Item #1 to the low bidder, Denton Datsun for $10,860.00. Item 02,4,5,6,7 to the low bidder, Banner Chevrolet, total $850792.05. Item $3 to the loweat evaluated bidder of Banner Chevrolet in the amount of $6,903.72. Bill Utter Ford has bid a pace that is $1.23 lower, however, the Chevrolet bid includes 8 ply 4.75 x 16.5 Steel radial tires and the Ford was bid with 8 ply Nylon 8.00 x 16.5 tires. EXHIBITSt Tabulation sheet. Tom D. Shaw, C.P.M. Aso't. Purchasing Agent I I I r~ DID f 8748 DIDµ Pickups b Van Banner Bill Chesrer Denton Chevrolet Utter Morris Datsun OPEN 3/25/80 2100 pm T Ford Chry-Ply ACCOUNT I T E C rM- bOR _ VENDOR VENDOR- VENDOR- VEERDUK- DO Et D ERWJ - r 11. t4p-A omy suze aic $5,430.00 J -2, on full site fleetside P.U. $5,435.53 $5.596.9f etside ys BATA $6.903.72 2.4 -11 1 3/4-ton ~ee $6,416.4 ` ..7. -aaLcah & rhA9sin 24i0fiad AI VA Pan Van 96,225.02 $6.926.54 J 237.67 on exhort vheelbaae Blazer noliv rv 45 daym- days 45 days 45 a r ~ - I r ' k , i wool CITY OF DENTON MEMORANDUM Dates April 10 1980 Agenda Items P.O. 042187 to Darr Equipment for repai.T of our equipment 9936 Sumaryr This Purchase Order is for the emergency repair of caterpillar 816 compactor used at the Solid Waste Landfill - to recondition the transmission. The work has been done and the equipment is oper- ating now. Fiscal Summarys Budgeted repair 08-03-83-43 j ; Alternativ6ss none Recommendations Approval of emergency P.O. 042187 in excess of I I 53#000.00 for repair as shown on invoice 0061213 { and attached. J Exhibitss P.O. 042187 and Inv. 0061213 Submitted Bys John J. Marshall, C.P.M. Purchasing Agent ~ I { CITY OF DENTON, TEXAS PURCHASE ORDER NUMBER 42187 117!712.901 D/FW Metro 207.0042 VIND041 NO. OATS 2/8/80 uo No. r TaI>AS NET w.o. No. f DQNW CATI ACCI. NO. 05-98-87-I0 Darr Equipment P.O. Box 20737 Nw Yu Dallas, Texas Tw CITY OF C'ENTOF! _ Vehicle Wnt 804 Texas St. Denton, Texas 76201 ITEM CITYSTOCKNUMa EA DESCRIPTION QUAN, T PRICE AMOUNT Rig 1 9936 s Repair Transmission i i I I .'Idti I,.a1' .1CCpJ,I, ro' /,;Uy1C~~T,11 Pay;'r` DENTOII. 1 fSEJ%5201 T E I co'00 R 4 ~c; r t Or ~UpL~Cri~~a~A E i SNOW P.O. NO. OM ALL NMMIAM. DIMMY TICKIFS, IIMdCM ITC., BIND WMOMIS W DUPUCATI TO ACCOUNT! PAYMLI. THE CRY OF DIMTON, MAI IE"M "OM SALII TAX AS M MAI SILL r20. TN1 CITY OF OWTON 10 ►RON eITID FROM AAYIIO FOR MIACKAN0ISI 1001111 IT IS MCMD. ALL SWMM MUST Of 0.0 1., CRY of OWTON, TLUI, OIRICT ALL Y+OUTAIII TO CITY Of DENTON, PURCHASING DEPT, 215 E. McKkuwy BY FORM M0.011210 DOnton, Texas 78201 e Rw.~+ i , I]JIDARR CUSTOMER'S COPY EQUIPMENT 00 REMIT TO: P.O. Box 0657 -DeEU, Tana 75266 214/772-2000 Atwwt MA•u mac wumm DATX CITY OF O£NTOK N PE ATT ACCOUNTS PAYABLE 214730 061213 3/18/60 215 E KCKINMEY TtRrAa r4/ 1prN rIYGx. roe SWFINO PONT. FAIT DmsdTaACCOIlI1tS Nal Isla S pY mart 1111 DENTON TX JGZOI NOriA"A AIALLAS *A rJ146184 ra1495! `i r cavs2ctom 11 DY mints ptov,6sC eu404 I bs pa n D11 County. T4ass. SEND ALL COARI&rONDENCE 101 F.0. BOX 20137 DALLAS, TEXAS 71220 SEE CAT QUALITY IN A SMALL PACKAGE. ASK YOYR DARR MAN ABOUT TKE 031 910P 931 42167 776665 ]/O1 816 S1U00621 i 00063! 8 ~ £KOINE MODEL 3306 ENGINE SERIAL NO SN44730 ENGINE ARRAK6EM£NT 4N1310 MACHINE ARRANGEMENT 3Y 960 AUTHORIZED BY JAMES BOSTICK YO 28319 TROUBLESHOOT UAA & METAt~;a• 1M FILTER I CLEAN MACHINE R t I TRANSMISSION C M~ERT R•,4 POP, BOX OCR .30 •1Z 2 135822 CAPSCREN 6 i 3e4506 LOt9YASN LBE 045 040 ~T •OS •10 2 104119 NUT t pP;[1F r 2 491502 BOLT Jam vzc' Net, 021 .49 1 496316 INDICATO 090 22.13 22.13 } 1 A. 5Ki1T0 SEAL 0 0 SKF 4,00 4000 I sDJ _ goll 444t ITEMS NOT SHOWN ARE BACK ORDERED V inFY4a 614 Mn'1MIaWa ratwN aYnl M 4a4eayvw n.wa r ata►M laa M IY rN auMrn ana M mNa w+Va q 6616 TOTAL ww4da to 4Y YI r. Ma1a trYns lar M1nYMa aanaaa0 ana'M --y1w6616 rr+r.r--+..rrrv..r.....y,r........r .rr.rr. 9 I i s I I I t i i s JAIbIDARR CUSTOMER'S COPY EQUIPMENT CQ REMIT T0: 0,0, Sda 1662.04141, Toy{o 7E26S 216/576-7000 ~ ~ AccowT NLa11{A WVOip NuAen DATt CITY OF DENTOk 214x50 451213 3/16/00 T{RME, j4T AC~{p~r~PIix !C{ IWPPM POINT PAST m . an fyrWT1S n" n i ; 1h~i° ryuryyy 6i~'Li13. 'a'D PAIL 1Y SAILAS wA D. crodiTed Wu top o7 9:ff an A p.ymonr4 pOVidod h«oon IJ♦o{ D. pV 4 IT 0. .County, i411A t I sum ALL CORRESPONDENCA TO, P. 0. 601 20771 PAGE 2 DALLAS, TL2AS 72220 I 00003! 0 42112 J70300 3/Ot 816 st000621 1 !N!?40 ELENINT 033 4031 4040 2 050404 DOLT OCR 029 0396 1 SAL IOM OIL 1270 7650 ?090 1 CAL 30; .p1'7 12ro 9.00 s:so 1 SAL 30 .014"4 '0p 1220 21034 21090 ; RECONO TRANS CONY %4V 14 ! 304905 SN LIE •O2 atv i 103239 CAP CAP SC SORE 6CH •21 1026 1 806509 PLUS ~ • ti Rai 11.12 11.12 f 4 10471? NUT t y;xr/' NAT •03 0312 12 760041 MASHER NAT 1.13 13.99 10 7406!5 MASHER wfh. MAT 2.00 310344 1 4Ni112 IREATN£R 241 2.43 2,63 2 90324! GEARING 'cE04R 2.56 90320 2 2N9,092 RING Ass 099 1.90 1 3001!6 GUANO 506 4024 4*24 IC .3! •39 ; ITEMS NOT SHOWN APE JACK ORDERED *1 MVION "4' r.. "111/1rf♦Il At 1-M - M mnr N 41e0ri•.Y.4 - 'maeo r V p4dM *4 let be W i M u+1o«I a w d o e Boar to tl 03x4 r a°"{ 061 DNi it q r I a awM TOTAL i S i i I i I]JIDARR CUSTOMER'S COPY s ~ EOUIPMENTCQ AEMIT TO: P.O. 661 3652.00564. Toles 16266.214/579-2000 _ I ACCOU{T NUNIA uVpR *AM" _ DATI I CITY OF OENTON 214750 061213 3118140 i i[IIM6: NLf :Of AROA. 1~6. S~AXOSWPWG 60011. I"T DIIE A CUNT bdO eu a. AS m dd . and/ VAs, 1n AA IN 081383, ~vndd r s~ 1 d M5 N DALLAS we 61 aloud Wt coil of / coMOelgn AN P1Tmdnit broridld ninon dMl be pIYtD4 h D41U County. 7t,u. rJf I SEND ALL COKAESPONDENCE 10: P. 0. BOX 20731 PAGE 3 DALLAS. TEXAS 15260 62111 J71610 3/07 116 51000621 00003! B 1 !N9140 ELEMENT 033 4.41 4044 i 1 04231 PNNP G PBR 402636 40206 1 3x3430 PONE YAE 144661 144463 4 i SPt064 SEAL, 3NF 2.27 3:01 4 031619 CAP #19 M 1CN .24 094 1 333440 SPRING V S NAB 1051 1.51 1 435124 RETAINER R1A 11.32 13432 1 4S/591 SCREEN 001 11007 116Of 1 451603 TYRE A TAI x301! 63019 313.#! 1 ; 931059 GASKET K GIN 323.39 Psi 4021 1.22 i 2 934191 PLUG I 1 110205 PING `4!S4d 095 449 .4! " 016 16.36 1609 4 1 1T0210 BEARING 16010 1 110234 RING 015 1.09 1001 I 1 1T1014 CAORIER ~ E is 204.90 2040!0 1 1T1056 SNAFI 095 151016 151436 lad ITEMS NOT S4OWN ARE BACK ORDERED ~nd M& I" Ae" .d dw+dlrneNe Al rdtirm fa ad seddd 0 '0,40" Of AAM4 61. be N MM ew lk& W be eNb wl** 16 dtri T07AL I ! % Xwiy Owed we be M66 " 113 rNVmd Dww aww rw 6w"" rndrldpt~~lr W411 WNNr_ 10 OV& i rrr.r,...~..••--,~-w.r~rr.~r r.~~...ti r.w....~~ r~r.....~~rr~r.K~+rr I i s I I -r 111DARR CUSTOMER'S COPY EOUI PMENT OO. REMIT TO: P.O. S0a 3662 • CANn, Tdau 76286 •214157E-2000 ACC0I MT MdAldR Anvpd NAMIf OA TI 1 t CITY OF O[NTON 214750 061213 3/14160 TERMS. NET IpTµ ;ROK, FOB SMd'7M0 FONT PAST ~D~y~UaEdO AS COUNTS rover 11" tAAVI SSa"` t a 1 NOTa PAR N"ItALLAS ,M t€oA crooked 7Ma oii of C040 IiOfAN parma, 1 provided "row oral Of plYa d n 08FAI cOUOtY• Taaaa. i SEND ALL CORRESPONDENCE Ta P. 0. SOX 20137 PAGE 4 GALAS, TIXAS 16220 004839 0 42147 J70360 3107 016 STUO4621 2 1 4f7391 RING SAE .6S 1610 1 1 3N1461 DING SAE .47 .47 1 I 3JI907 SEAL SKJ .36 .36 2 A 504741 GAMY SOL .69 1076 2 i 0"13266 5CALT70% i' Slit 1024 20% rjo T CAN 424.94 420.04 1 6N96S1 COME A 0 6 2! 0200900 GA CE E 1240 GEN 4065 29010 HFAIR STEERING CYL C AJ(S~ ,1 6 INSTALL NEN SEALS 2 A 1H6126 SEAL40-9 a r l>J , SAt 1.24 2644 ~10 NAP 4.63 17066 :1C 2 2,13950 NUT 2 A SJ5442 SEAL A M 10466 2101`6 2 i SJ4200 SEAL 0 0 k E,4 10.32 20.64 I'~aa A" 6.44 49.32 3 A 6J6917 SEAL V 2 A IR6901 SEAL 02! 2.29 4056 2 2K16430 RING NAP 3017 6.34 #642 4090 2--- INI571 RING 084 1 ITEMS NOT SHOWN ARE WX ORDERED 'We rimMo I ■a aal he"^ AI HIVM a1M1 M WWII"! tma+u or aeaAN6 YI, N M M~ ow M a,era w ft t0 deya S~ wrv eAr6e we be • r~t.Md 6eeda crime M dw"n TOTAL Mr. ~nerudM are M awe eadaa q Cara - I 4 i a, i } f I 4 J]JJDARR CUSTOMER'S COPY EQU1PMENT CQ REPAT TO,. P.O. gas 3112 • oah., Tuw y92#5 • jj4/$?/-2f O0 A0001" MAIM W40011' MAQO C17Y OF OEMTOM 214750 061213 3/14100 TEAMS a r rQ1 &WPffo POINT PAT 1 ~~M1y A„C9.lvMCTS F 4t/f n11pn. 68 ont 19 00 wh;ch If0 PAR IN ~ALLA1 wM bo cro6N0AN$0 0 F1111 oaAfetian Al A~RMtf °rovdod rwfon fhfti be DAY M 0flaf ounq, Te.ff. SEND ALL COM18POWINCE T0: P. O. SOX 20737 PAGE 5 oALLAE, TERAS 15220 004039/ 121/7 J70S40 3107 416 57000621 2 1P4577 FLANGE IAL 1.76 3.52 4 A SP0413 SEAL 029 2005 16.40 1 CAL 10Y OIL 1270 7050 7.30 TRAVEL TIME 'Sri f R i I TRANa IASI`ON f~ 3052 ?25000 RECOMO TRAM 90 ~d4r0l1 3052 /1!.00 OTHER LABOR x as 64348 TOTAL LAr/6~ z 2,457.38 1 1 MISC. KAROMAR iIAIIQE 6.13 SERVICES 3 - ITEMS NOT SHOWN AURA" "ORDERED H .rfff °A" rf nrrrf°fnWf M rfMN 1 ; be fMfff)rfN Mek. a NAM kt. M In NN 6w4"m fM M mW *wA to Mn ` nreAy eArpf w be erM N Y rNVnN NMA am" No Ornryff `_•w_1w.w,ar aArfi TOTAL i I r.....r ~.~~.rrr.r.~. r•...~. ~..~........+rr~rr~~..~.r+r~..r ~,r•..r ~~.wr-- i ~ 1 f i f j,„ A tom, l City of Denton Memorandum April 1, 1980 Aaenda Item: Consider the final replat of Owsley Park Additiun. Summary The property owner seeks to replat Lots 1 and 2, Block 13 of Owsley Park Addition into one lot in order to construct an addition onto the existing structure. i All su~dlvision requirements have been met. Recommendation; i The Planning and Zoning Commission unanimously recommends approval of the replat of Owsley Addition, The Planning, Engineering, and Utility Departments have eai:h reviewed the replat and recommend approval. Action Required: The City Council should move to approve the final replat of Owsley Park, Addition. Exhibits; A. Memo B. Map f i f i A, . l 1 ~ ■ EAST 100.0' 1 s I 251 1 ~ I ti o LOT L -Ft ~ „ I c 1 i 1 I L+TI' C LOT 3 BLOCK t~ 1 E4 ~ s WEST 100.0 PR~3.1lV , NT4u R RLA I LOT 1 A 2 ~ j a~T`r~ r{, ■ Y] City of Denton Memorandum April 1. 1980 Agenda Item: Consider the final replat of Schr:itz and Ripy Addition. Summar : The pproptrty owner seeks to replat lots 71 80 9, and part of lots 31 41 59 and b, Block 81 of Schmitz and Ripy Addition for the purpose of constructing an apartment building. All subdivision requirements have been met. Recommendation: 'i E The Planning and Zoning Commission unanimously recomnend,%4 approval of the replat of Schmitt and Ripy Addition. The Planning, Engineering, and Utility Departments j have each reviewed the replat and recowend approval. Action Required: The City Council should move to approve the final replat of Schmitz and Ripy Addition. Exhibits: A. Memo B. Map , r } I i i .y i ~rf E 'I I f us+ ~ro o' ~ g I oc„ 20.01 m LOT 7A BLOCX B d " i I ~ 9 y a0 5 i i I ry wr sod T E K AS STREET 1 I 11 E ~ • I Ma 1:. i I f d s a' '~rrrrr r ~ a eaaarrrrs~rr~re.