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HomeMy WebLinkAbout04-01-1980 . M AGENDA CITY OF DENTON CITY COUNCIL April 1980 Regular Meeting of the City of Denton City Council Tuesday, April 1, 1980 at 7:00 P.M. in the Council Chambers of the Municipal Building. Broadcast live on RNTU Radio, 88.5 P.M. i' 11 Public Hearings: A. 1. Consider final action regarding the request of the Planning and Zoning COm14:3sion for annexation of approximately 314.9 acres of land belonging to Texas Instruments. 2. This is the petition of the Planning and Zoning Commission requesting light industrial (LI) 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, (The Planning and Zoning Commission recommends approval,) 2. Consider a recommendation from the Parks and Recreation Board relative to the policy concerning participation in City League sports by non-resident teams. 3. Consider adopting an ordinance authorizing the issuance of Certificates of Obligation, 8erles 1980. (Library expansion.) 4. Consider awarding bide for the Library expansion. 5. Ordinances: A. Cor.j idor adopting an ordinance instituting final action regarding the request of Mr. H. S. Osborna 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) etiid begins approximately 1800 feet south of the intersection of Hobson Road and FM 1830, (The Planning and Zoning Commission recommends approval,) y i\ i City Council Agenda April 1$ 1980 Page Two B. Consider adopting an ordinance removing arki on certain portions of Crescent and Fulton Streetsg and establishing a five minute standing-only zone on a certain portion of Fulton Street in front of the Denton Public High School, (The Citizens Traffic Safety Support Committee recommends approval,) i C. Consider adopting an ordinance amending Appendix B of the comprehensive zoning ordinance by creating a new Article 28A entitled "Historic Landmark preservation". 6. Consider financing for the widening of Loop 288 from the MILT Railroad Tracks to I-35E. 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 1 the widening of Loop M. 7. Consider a contract with the Denton Girls Softball Association (or umpire services for all Girls' Youth League softball games, (The Parks and Recreation Board recommends approval,) 8. Consider the final plat of Skyline Addition. (The Planning and Zoning Commission recommends denial.) 94 Consider final payment to LWFW Consultants for Aubrey Reservoir Financial Feasibility Study, (,the Public Utilities Board recommends approval,) i 10. Consider final payment to Claude Smith Construction Co, for overwidth paving on Kings Row, 11. Consider a iH-35W, participation in 16„ oversize water lines along (The Public Utilities Board recommends approval,) 12. Consider setting the April 8, 1980 Study Session Agenda, 13. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations, Approval of the Consent Agenda authorizes the City Manger or his designee to implement each item in accordance with the Staff recommendations. i I I i I i I City Council Agenda April 1, 1980 Page Three 1 A. Bids/Purchase orders 1. Bid 18748 Pickups 6 Vans 2. P.O. #42187 Emergency Repairs Rig f9936 to Darr j Eqpt. Co. for $4,629.16 J I B. Plats 1. Consider the final replat of Owsley Park Addition. I 20 Consider the final replat of Schmitz and Ripy Addition. 14. Executive Session A. Legal Matters B. Real Estate I C, Personnel 11 D, Board Appointments 15. Consider Board Appointments I t E P r S Y P f i 'I i City of Denton Memorandum April 1, 1980 A ends Item; A. Consider final action and on an ordinance regarding the request of the Planning Zoning Commission for annexation of approxima Texas instruments, tely 314,9 acres of land belonging to 8. This is the petition of the Planning and Zoning Commission requesting Light Industrial (LI) Zoning classification on a tract approximate) 314 The property is located on the north side of Highway 77, adjacent acres in size. Bonnie Brae Road, This property is owned by Texas Instruments, and east of Su-nmarvThe 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 Zonin? Commission unanimously recommends approval of the Texas Instruments annexation, F Action R_~,; red: 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 (LI) zoning classification of the Texas Instruments property should be conduct At the conclusion of the public hearing the City Council should move to adopt the process. ordinance zoning the property Light Industrial (LI) in order to complete the zoning Exhibits; A. Memo 8. Ordinance W140 C. Recommendation ✓ D. Map E. Zor ,,g Ordinance i ~ i ORDINANCE NO. AN ORDINANCE ANNEXING A TRACT OF LA"O CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALI, 'T'HAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 13,7!9 635.75 SQUARE FEET OF LAND AND BEING INITHE JITUSTECOLLARD SURVEY~ABSTRACCTONO.s291 AP WHITS 1401E D~EN70N COUNIY, TEXASI CLASSIFYING THE SAMHEYA~ AGRICULTURAL - 1 "A" DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE, WHEREAS, the request for sn.exation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the planning 3 toning Commission; and ' WHEREAS, an opportunity vat afforded, at i public hearing held for that purpose of February 19, 1980 for all interested persons to state their views and present evidence bearing upon the annexation pro-Ided by this ordinance; and WMREAS, this ordinance has been publi+hed in full at least one time in the official newspaper of the City of Denton, Texass prior to its effective date, and after the public hearings; NOW THEREPORB, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY SnAINS: SECTION I. That the hereinafter described tract of'land be, and the same Is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of sold city and the land and the presant and future inhabitants thereof shall be entitled to all the rights and privileges of other cititens of said City and shall be bound by the sets and ordinances of siid City nov in effect or which may hereafter be enacted and the property situated therein; $hall be . subject to and sholl bear its prorate part of the taxes levied by the City. The tract o: land hereby annexed is described as follows, to-wits Being all that certain lot, tract ar psreel of land - lyinand being situated in the County of Dentons State of Taxes and being t art of the J. S. Collard survey Abstract No. 297, tie A. Whits urvey, Abstract No. 1406 and the N. Bade Survey, Abstract No. 14070 and being more particularly desc N bed as followsi BEGINNING at a point in the existing Denton City Limits Line as established by Ordinance No. 6S-43, said oint of beginning also bean the southeast corner of the J. S. Coollard Survey, Abstract To.rob7,survey,sAbstrac t No. 1238 Noand or ~~Inuthe centerline of Riney Lid; i , 1 G F. ro i nIANCE north 880 37' 35" West along the south boundary line of raid J S. Collard survey, same being the centerline of Riney Road akdist.olc; ofliae 0 feet t hija po 77jfor a corner in the northeast MEW fght Way THENCE north $80 081 36" west along the northeast right of way line of U. S. Highway 77, a distance of 884,11-fast to a point] THENCE north Sao 09' 36" west along the northeast right of way ii corner .sameHbeing the asouthacotrer ofSOaDcorner cutoff lit the withtthe least right of way lineoof lonnii iBrae Roidj S. Highway 77 distance of 26290 60 feet tog a point For along said corner rear cutoff line a . i THENCE north 00 12' 13" east AionY the east right of way line of Bonnie aria Road a distance of 2045.03 feet to a point for a • corner; THENCE south 880 56' Q3" east a distance of 4165.61 feet to a point for a corner in t e east boundary line of said j S. Collard, 9urvsy, same being the west boundary line of Wald T. Toby Survey= iHEHCa south 00 590 39° west along the east boundary line of said J. S. Collard Survey, sate being the west boundary line of ' said T. Toby Survey a distance of 1,265.05 lest to a point; THENCE south 00 52' Dr,y west along the east boundary line of of said T. TobyoSurvey SiYediitence of 3075h59wfeetbto the pline of beginning and contsining 13,719,635.1s square feet of land, more or less, I SECTION II. .he above described property is hereby classified as A{ricultrra.+. "A" District and shall so appear, ori the official toning map of the City of Denton,,.Texas, which map is hereby amended accordingly. SECTION 111. This ordinance shall be effective immediately upon its ' passage. ' PASSED AND APPROVED this the day of A. D. 1980. I'll CITY PISH Df.'jTO,N, TEXAS f i ATTEST} I i . , CITY OF DENTON, Taw i APPROVED AS To LEGAL FORj4 C. J. TAYLOR JR., CITY ATTORNEY CITY OF DENTSN, TEXAS BY: !..~M/Icy,M1e,.,,MI,~,~,..~P.,.,,rV11..~I.n.... M.~1.,~U►...+... J, ..'M.! + II 1 Planning and Zoning Commission Recommendation 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 771 between Connie Brae and Riney Road. Report and planning Commission Recommendation; 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 this property, and there are several homes located near the southeast corner of the tract. The veryiiowrdeof the area nsity surrounding this propert sitself tically bisected c by t the lproposed ccrridor for Loop 288. The question of whether public facilities are adequate depends largely on haw the property is developed. Water service is relatively close and can be extended to the property and there 1s 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 employing 3,000 persons, assuming no industrial waste. There are no unusual drainage problems apparent on the property. This tract has street access to Highway 77 and Bonnie Brae Street and, of course, will eventually have street access to Loop 288. Highway 77 connects to I-35 and leads into the city by Elm Street. The property also has direct access 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 the Public Works Director believes that therewill sbeasignificant atraffic econgestion 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, particularly near the intersection and a traffic signal installed at the Bonnie Brae intersection with Highway 377. On the land use issue, this proposal is at variance with the Comprehensive Plan. The property is proposed for Light Industrial (LI) zoning. The Comprehensive Plan indicates that the area, both north and south of Highway 77, should be developed for residential use. The Planning Commission feels it Is questionable whether tho area immediately adjoining the Loop will actually be developed for single family use. The Planning Commission is recommending that the request for light Industrial (LI) z with the oning be approved as submitted, The Commission felt that, if this site is developed that TI suitabiesforeresidIt is entiai use. a .r Z-1408 Page 2 A local example of a light industrial pnlan1t, on a much smaller scale, built near a residential area is the Jostens plant o-35. The Commission felt that the possible problems invulving traffic and street mafntrnance could be overcome b the city with sufficient notice and through cooperation by the petitioner. An by important consideration in the Commissioner's decision was the benefits the city would realize involving additional gobs and tax revenue through the development of a T1 plant, k s ii e" I r E Z-1408 i 1" 2000' c i s NU. r FfC,iSRDI ISNyS,L~ C"EyVDS;OA UPTED0+AS0 VN APPEN II,C TOT THSP CODE OOP URDI;LhNCES OP TR9 CITY Cr` DE.NTON, TEXAS, BY ORDINANCE NO. 69.1, "U AS SAID MAP APPLIES TO THE EELOV LISTED PROPERTY AS SHOWN DATE ANDS Wn E 0.4 THR ILDESTAX W CRI3ED O THPREINITYA:0 D DECLARING TEXAS, EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECFION I, the lith the ofniJanuary,o1W, aatanoAnpendle0 to the Code eod Ordinances of the City of Denton, Texas under provisions of Ordinanca No. 69•I, he, and tl:e sans Is hereby amended as followsl All the hereinafter +iscribad pro arty is hereby removsl fron the A3ricultu'31 "A" District as show,: on said Zonino Map, and all provision-, of Ordinance No, 69.1, adopted the Il h dal' of January, 1959, as nmondal$ shill hereafter army to 9.114 as ethor proprlreytlocatedrinthe"Lill Lif,,ht Industlrialh"Lill Di~trlct { anJ more particularly damcrihed as COlt INS: I:7ir.9 all that certain lot, tract or parcel of land lying and being situated In tho Cor:nty of Denton, State of Texas, and heingg part of the J. S. Collard Survey, 0stract No. 297, tha A. :,hies Surveyy, Abstract No, 1116 ad the N. Wade Survey, Absrract No. 1407, airJ °9ing more Partlellarly described followi: ZMIYVt:IB at a port In the axistlnq Denloi City limits Line as oftabilshed by Ordtnance No, 65.41, sald roam of haainning also bolni the southo,ast corner or the J. S. Collard §urvwe A':ftr9 t `.e, 291, m.-td also Ming t::3 rust westorly south!re~t corlsr of the T. Tcby Survty, ASstr'w No, 1:59 srd lylns In tl;a centoriinc of Rlnoy Road; HENCE north 130 37' I5" voxt along the 0011th SOlladary lane of said 1. S. Collard 5urvoy, 91mo t.oing the co'itarline of tia9y Road a Jlstaade of IW I foot to • point for a corner la the nor:hnast right of 'ray lino of 11. S. highway 17; f THr",CE .101;1: S1'3 n91 53" r;ast aloe! rho northelat right of Itne of rl. S, Ht;h',ra: '7, a 41111-,:9 of .9,51.11 feat to a F?!:?,CE ,Wort?~ 390 9P' 39" alo.1,• t:19 nar:h:as: ri;'t: of j r ling of U. S, Hijhw;k• 77 n dlst,inc-! if 3; 01 feet to a oint for a -orner 91,1: being tSe ao11t?l earner of 1 corner :JtoPr 1. ao prafctt intaratr.tan of north9ast li,ts of U. i n, iE;1,;1y kteh ihi tact right of !:,r+• lino of Bonnie Brae rltf;ACC north 290 ri:' 91" xe9t ato.1; 41j] corner cuGOff lilt a Ji it.,nc^ ri :S.J? fc~t :9 , -flint to`r 1 ,::rr, ; C1FrsC'c 10r:h 00 1^.' 1"' cast zton3 tha •%ast rfAht of way !ins of BanOte 3r,11 1a'd a difta=e of 2nl_.?1 fats to a mint for n clrnor; i F l.r%r. south 9')0 3S' 03" east a .liit ,:a 0f .:Ili. 'It feet to a Imi 0; f;r a -r'1!r itliv 411" 1h)UR I1rY 1Ena 71, 51jd F, S. ~otllr. 9Y, ~ ` ~ Fc'+? Sur;~ same being ;I~e ';!st nr:• lino of aaEd F, 1 . i i a ;1l~C1 ssuth Collard So' Survey, cst 91011 the east boundary line of s 1!-1 by j same belnv the .rest boundary line of THE..NCE T, south 5 00°rvoye+a dlsearteo of 1,16S.OS feet to a pol.tt; S. 09 cost along eha east boundary tine of said J. S. Collard Survey, soma beingq the west boundary line of sald T. Toby Survey, a distance of 3D75.59 feet to tho place of be;inningg and contalning 13,719,M55.75 square feet of land, morn or less. SECTiOY U. That the City Council of the City of Denton, Taxis hershy finds that such change is in accordance with a comprehensive plan far the purpose of ppromoting the general wmlfore of the et :ty her ofthingsonforxthe character efsothel districteCandortfor mini peculisr suitability or particular uses, and with a view to conserving the value of the pbuildings, protecting human lives, the maximum benefitgto themCity of DentonteTexuss f land or is. a d its cltitens, "C"O' III. That this ordinance shall he in _'till force and effect immediately after its poseso and approval, the .•equlred pabllc Commisiion+aanugtherCityocou council i+Ofd tho city Pof nDenton, Texas, aftor living due notice thereof. A. DPASSD AND APPROVED this the day of I i C"'f Or DESTOV, TEXAS A r rEST: I t a c CITY OP DE,YTO1, TEXAS j APPROVED AS TO LEGAL F0%f C I n"oF;DE\TOV, R 111S TI 1TTdR'iEY i . F "P,': `!.l Cu'i'S f"DTI; UStE:7Tj)•P,IG: 'i r a PROPERTY OWNER REPLY FORMS I-1408 N FAVOR IN OPPOSITION UNDECIDED Rich Marufacturin9 Co. R. B. Rich Rt. 5 Box 24 Denton, Tx 76201 Sarworth Corporation Henry W. ?ern Jr, 1204 University Denton, Tx 76201 Kenton E. Macintyre P.O. Box 47 Denton, Tx 76201 Hoyt Cole 501 Headlee Denton, Tx 76201 S, E. Rayzor Route 5 1711 Riney Road Denton, Tx 76201 Ruth Kellum 2016 Georgetown Denton, Tx 76201 Ruby Finch i 6138 Winton Dallas, Tx 75214 t t I ~ I f REPLY FOR THE CITY COUNCIL Case. No. Z-1403 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 return it to the following address by the date of the public hearing. f City Planner Municipal Building 215 East McKinney Denton, Texas 16201 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 Zoning Commission, those com- ments are a sufficient response and will be presented to the City Counci: If your opinion about the case has changed, you are encouraged to use this form to notify us concerning your position. If you have questions pertaining to tha case, please call the Planning Office at 5b6-6350. I Please use BLACK ink only, since blue ink cannot be xaroxed. Cn REPLY ( I am in favor of this zoning request. ( ) I am opposed to this zoning request. ~J ` ( ) I am undecided about this zoning request. My comments are as follows: 1 Signature tit Address Phone " Q~ i REPLY FOR THE CITY CCUYCIL Case. :to. 2-1408 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 pppl1etition. by please return itto desire the followsng an address opinion, the s date of complete the this public Phearing and 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 Zoning Commission, those com- ments are a sufficient response and will be presented to the Clty Council if your opinion about the case has changed, you are encouraged to use this form to notify us concerning your position. If you have questions pertaining to the case, please call the Planning Office at 56b-8350. Please use BLACK ink only, since blue ink cannot be xeroxed. REPLY I am in favor of this zoning request. 9a ( ) I am opposed to this zoning request. ra ( ) I am undecided about this zoning request. My comments are as follows; Si3nature Address Phone - , iY i I Y REPLY FOR THE CITY COUNCIL Case. No. Z-1408 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 i return it to the following address by the date of the public hearing. i 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 Zoning Commission, those com- ments are a sufficient response and will be presented to the City Counci: if your opinion about the case has changed, you are encouraged to use this form to notify us concerning your position. If you have questions pertaining to the case, please call the Planning Office at 566-8350. Please use BLACK ink only, since blue ink cannot be xeroxed. } I REPLY ( ✓f 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: I i I I Signature Address Prone i a rc i I REPV FOR THE PLANNING AND ZON7 ; Co*frSSION 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 regly form and return it to the following address b the d ate of the public hearing, q City Planner 1 Municipal Building 215 East McKinney i Denton, Texas 7620L This raplq form is 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 propertq owners receiving this notice return this reply form in oposition 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. Please use BIiCK ink cnlq, REPLY ram in favor of this zoning request, i ( ) I am opposed to this zoning request. I am undecided about this zoning request, My commatts are as follows:. I 1 i I Signature •----r.~. I Address Phone 1 t E REPLY FOR THE PLANNING AND ZONING COXMISSION Case No. Z-1408 The Planning Commission would like to receive your comments on this ca., 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 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 hear- ing and we encourage all interested parties to attend and comment if that' wish. If 20% or more of the propertq owners receiving this notice return this reply form in oppposition 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. Offica at 566-8350. Please use BLACK ink only. REPLY 7 ~98fl I am in favor of this zoning request. ( ) r am opposed to this zoning request. ( ) I am undecided about this zoning request. My comments are as follows:. Signature Address Phone s tl r REPLY FOR THE PLANNING AND ZONING COKIISSION 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 eu desire toexpress an opinion com this reply form and return it to the fllowing address 'bylethe asedatepofte the public hearing, City Planner ---~1 Municipal Building 215 Ezst 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 their 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. I£ you have questions pertaining to the case, please call the Planninp, Office at 566:-8350. Please use BLACK ink only. REPLY RECEIVED FES 2 9 1980 I am in favor of this zoning request. ( ) I am opposed to this zoning request. ( ) I am undecided about this zoning request. My consents are as follows i . Signature Qtr Address Phone w y r- 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 re ly form and return it to the following address by the date of the public hearing, City Planner l 215s Denton, 1 Denton, Texas 76201 This reply form in no way affects hear- ing and we encourage all interested partiesttotattendnand coimant ifethey- 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. Please use BLACX ink only- REPLY 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 followsi. - L-1 41 Le )4 F Signature Address 1 i Phone M - i i I i I Minutes Planning and Zoning Commission March 5, 1980 This is the regular meeting of the Denton Planning and Zoning Commission held un March 5, 1980 at 5:00 p.m. in the Council Chambers of the Municipal Building. 1 PRESENT: Bill Brady, Marilyn Gilchrist, Robert La Forte, Linnie McAdams, Carolyn Busby, Andy Sidor, and Richard Taliaferro. Staff members were John Lavretta, Charles Watkins, Rick Svehla, and Sue Wigand. ABSENT: None. 1. Approve the minutes of the February 20, 1980 meeting. Motion was made by Taliaferro and seconded by La Forte to approve the minutes. Motion carried unanimously. It. Consideration: A. Z-1436. This is the petition of Mr. Jack Brown and of Mr. Neil Hill, general partner, Duncan Properties Ltd., requesting Planned 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. David Wilson, representing the Henry S. Miller Co., sppoke in opposition to the request, stating that there was still a dispute 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. Mr. NO 1 Hill 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. III. 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 size. 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. 1 Motion was made by Bill Brady and seconded by Andy Sidor to approve Z-1408. Motion carried unanimously. J B. Z-1441. This is the petition of Ms. Karen Nash requesting an amendment to a Planned Development ON for detached single family houses on 45' X 100 ' lots to permit multi family (MF-R) development on a tract approximately 7 acres in size. The tract is located on the north side of the proposed Windsor extension, and approximately 125 feet west of Stuart Road, Karen Nash spoke in favor of the request. a No one spoke in opposition. John Lavretta presented the staff recommendation. No one spoke in rebuttal. E The Commission discussed the case. i Motion was made by Sidor and seconded by Taliaferro to deny Z-1441. Motion carried unanimously, C. Z-1442. This is the petition of Mr. Charles Glasgow requesting a change of toning from Agricultural (A) to Commercial (C) zoning classification on a parcel approximately 26.4 acres in size which begins at the southwast corner of Loop 288 and Audra Lane, The property has approximately 909 feet of frontage along the west side of Loop 288 and approximately 1030.9 f4et of frontage along the south side of Audra ln. 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 across loop 2881 spoke in favor of the request. 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 1 also it s . _.,i Minutes Planning and Zoning Commission March 5, 1980 Page 3 would be desireable if a transition, such as multi between the proposed single family area t family commercial development along Loop 288 was provided o the west and the proposed Motion was made by Sidor and seconded by Taliaferro to deny Z-1442 Motion carried 5 to 1 with 1 abstention. r--~ . i 1V• Considerations: A. Consider the final plat of Skyline Addition, Ross Melton spoke in favor of the plat. Motion was made by La Forte and seconded by Gilchrist to approve the final plat of the Skyline Addition, Motion carried unanimously. 8• 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 oreliminary, plat of plaza 288 Addition, This plat was withdrawn by Charles Glasgow, D. Consider the final replat of Ruddell Addition, i Charles Watkins gave the staff recommendation of approval. Motion was made by La Forte and seconded by Andy Sidor to approve r the final replat of Ruddell Addition, motion carried unanimously, C. Consider the preliminary plat of itimbleton Village Phase Two. 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 unanimously, inary Plat of Wimbleton Village Phase Two with the condition, Motion approved F. COnSider disposition of lot 2A, 8lock 3, Heritage Oaks Addition. John Lavrett9 reported that the Parks and Recreation Department desi to keep the land. res Motion was made by Sidor and seconded by Carol to recommend that the ~11Y keep the land, Motion carried unanimously, ~T 141nutes ~ Planning and Zoning Commission ih March 5, 1980 Page 4 ` 3. Consider disposition of excess city property at 517 E. Prairie Street. John Lavretta recommended disposition, Motion was made by Taliaferro and seconded by G17christ to recommend that the Council dispose of the property. Motion carried unanimously. 4 ~ The meeting adjourned at 7:30 p.m. { 1 t { t i i M E M O R A N D U Ms DATEi March 26, 1980 ~i i 102 Hill Angelo r--~ FROMI Nancy Soen~ SUBJECTo Procedure Changes I The attached will be an additional agenda item. It needs to be place on your agenda as soon as possible. i r i i i i t r i I i s I i z I I March 26, 1980 h i PROCEDURE CHANGES The Parks and Recreation Department recently revised some fees, charges and policies which pertained to the Athletic Division. They were approved by the City Council on December 18, 1979. At that time it was recommended by the Parks and Recreation Director that non-Denton teams who wished to play in the Denton leagues request approval not only from the Parks and Racreation 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 appreciet►+. i I f i I i I j { I i i M ..g I I I i i If CITY OF DENTON MEMORANDUM I TOs Mayor 5 Council Members FROMs Bill Angelo, Administrative Assistant DATEr March 27, 1980 SUBJECTS Agenda item f3 - Ordinance Authorizing Issuance of Certificates of Obligation I 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 ba hand delivered as soon as they become available. 'I Bill Angelo I BAsjm I I i I t MEMORANDUM TOi King Cole FROM; .loella Orr DATE; March 26, 1980 Bids were received for the proposed library expansion today. Our-architect will investigate the low bidders and present his recomendation to the City Council at their regular weeting Tuesday April 1. i i e s fi City of Denton Memorandum April 1, 1980 , A ends 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 31,5 acres in size. The property has approximately 40 feet of frontage along the east side of Country Club Road (FM 1830) and begins approximately ?800 feet south of the intersection of Hobson Road and FM 1830. (The Planning and Zoning ConxnlssiOn recommends approval.) ' The petition of Mr. H, S. Osborne for annexation and Agricultural (A) zoning classification on a 31.5 acre tract comes before the City Council for final action ime, P at this lanningtand Zoning Commissionaando ptheeCitytCouncll,candaallgstateere ulrement regarding annexation have been met. 4 is s Recommendation; The Planning and Zoning Commission unanimously recommended approval of this request at its meeting of October 11, 1919, Action Re aired: IM The City Council should move to adopt the annexation and zoning ordinance i by the City Attorney, prepared Exhibits: A. Memo B. Ordinance C. Map I i 4 Z I Ordinance No, AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DcNTON, TEXAS; BEING ALL THAT LOT TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 37.538 ACRESr OF LAND LYING An BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE T. J. MARTIN SURVEY, ABSTRACT NO. 000, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of H. S. OSBOR,NE; and WHEREAS# an opportunity was afforded, at a public hearing held for that purpose on February S, 1980 for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of r'. City of Denton, Texas, prior to its effective dote, and after the public heartassi NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, 1 HEREBY II SECTION It That the herainatter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the semi is made heroby a part of sold City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may T hereafter be onacted and the property situated therein shall be subject to and shall bear Ica prorate part of the taxos lsvLed by the City, The tract of lied hereby annexed It described as tollows, to-wit; All tho` certain lots tract or parcol of land sltuatsd in the T J. (Martin Surva 0 Abstract No. 900, Denton County, Tires, heing tha same (callod) 31.73 mere tract described In a deed from VAltor P. Ross at ux to H. S. Osborne et ux an February 17, Im rocorded In Volume 31S, Pale 337, bold Records of said County, and balms wore particularly described as follows! SCGINHING at a fence corner at the northeast corner of said tract o,, the east boundary lino of said Martin Survey; 'eC of South lin Said 3 rvey' 31311, 9,3S JOEunt wl to1 a ssteeltoned n atri a feneia.ornai nt tfis southeast corner of iald trust; A s TtiE,~C& south 89' S6' S3" west with said fence corner; fence 1957.30 feet to a THENCE north ISO 361 S9" west with said Eenca 23.6 Feet to a fence corner at tioe South southwest Corner of said tract; THENCE north 00 35' 35" east with Bald Eenee 761.95 foot to a fence Corner on the soutls line of a tone; TRENCH south $90 40' 3S^ west with said fence 640.75 fence corner post at the west southwest feet to ¢ corner of said tract o the oast right of way of P.R. Road 1830; TH$YCM north 20 19' west with said right of way 40,pl feet to a fenCa corner at the northwest corner of said tract; THENCE north ago 34, 46" east with saki fence 1616.76 feet to the place of besinninq and containing More or less. in all 37,538 acres of land, SECTION 11. The above described property is hereby Classified as i Agricultural "A" District and Shall so appear an the official toning map of the City of Denton, Texas, which map to hereby nmonded accordingly, SECTIOY 11I, This ordinance shall be effective Immadistely upon its passage. PASSED AND APPROVED this the day of r A, 0. 1980. A , CITY 08 D ON, TEXAS ATTEST, C[TYn0:t DENTON, Tfi~EIAitY APPROVED AS TO LEGAL FORM C. J. TAYLOR JR. CITY ATTORNEY CITY OF DENTEN, HIAS i BY: l r 1I ~ r 1y ~ ' F 7 t I No. AN J^uINANCE OF THB CIT1' OF 1 DENTON, TEXAS REMOViNg ON UU'jS CLRTAIY PORTIONS OF CR PARKING ESCENT AND FULTON STREETS BETWEEN THE P PORTI UN olvjDf.NtG FORD DIEFI RE40 ALa OF PARKIriGMONDAY AYYT1MEHp UGH CERTAIN Atll''1'! fE ON FOR THE F R%THE ES'tAhLISHMENT OF A FIVE MINUTE STANDING ONLY ZONE ON A CERTAIN ANUPORTIO14FOUNDN OF STRE PARKINGVIONNGT OSE aCERTAINY ORTIONSANOP PRUVDING I CRESCENT AND rULTON STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES; PROVIDINGNFORPUBLICATIONRAND THEREOF; EFFECTIVE DATE, FHEREAS, the City Council after Careful conslecration of the matter and upon the recommendation of the Traffic Safety Comllsslon of the City of Denton, finds it necessary and justified to remove parking and establish regulatlonn governing parking on the certain portions of Crescent and Fulton streets morn fully described bolow In order to insure the safety and welfare of motorists and pedestrians regularly using the said streets for travel and to insure adequits emergency parking space for fire and police vehicles or other outhorited emergency vohtcles; now, therefore, TdC CITY COUNCIL OF THP CITY OF DENTON, TEXAS, HEREAY ORDAINS: SFC'fION t. (e) That hoth the north and south sides of Crescent Street frn.r Its Intersection with Fulton Etroet to its intsrseetlon wit': rlalone Street except along the south side of Crescent Street from Its Intersection with Fulton Street to a point approximately 290 feet west ahn11 not be used for the parking of vehicles or in on), other manner ho obstructed between the hours of 8:00 A.M. and 000 P.M. on Monday through Friday, and the nano shall be so pasted with signs or markings or both by the : proper authorities of tho city of Denton, Texas. (h) That the south lids of crescent street from its Intersection Pith Fulton street to a point Approximately 290 teat west shell not be used for the parking of vehicles or In any other manner be obstructeJ at nnytime, and the same shill be so posted with slgns or markings nr both by the proper authorities of the City of Denton, Texas. h W ?R r S t, r tc1 That both the seat and west Sides of Fulton Street from tta intersection with Crescent street to its Intersection with Llndt~n optrect shall not be used for the parking of In any other manner be obstructed between vahfc2eS or the hours of SiOO A.M. posend 4 ted 00 with m. on Monday through Friday, and the same Shall be so signs or markings or both by the proper authorities of the city of Denton, Texas, (d) that the seat aide of Fulton Street from !to inter. section with Linden Street to its Intersection With Broadway street Shall not be used for the parking of vehicles or in any other manner be obstructed at anytime, and the same shall be Su posted vlth signs or markings or both by the proper °uthoritles of the City of Denton, Taxer. (e) That a "five minute standing only" bone IS hereby •rtabllShed on the west Bide of Fulton Street between the two marked crosswalk,, located !r, front of the Denton public N1gA SChooi and extending from the west to the east aide of Fulton Strut, and the Same aholl not be used for the parking of vehicles end shall be so posted with signs by the or markings or both proper authorlties of the City of Denton, Texas. SEC 10N 22. That Ir, the event any vehicle, except an euthorlssd emargsney vehicle ar police or fire vehicle, Shall be found parked In or upon the certain portions of Crescent and Fulton streets so described in Section 2 of this ordinance shall be removed or caused to be removed by the rams and taken to some y any Po.lce officer plans duJgnated or maintained by tho pollee department for Such purpose and kept until application for redemption is made by the owner or his authorized agent or other person legally entltled to possession of such vehicle pursuant to the provlalons of Section 21.131 of the Denton Code of Ordinances, a amended, SSC 10! tit, That 11 any "Ctlon, subsection, paragraph, sentenct, clause, p;iraae or word In this ordinance, or application thereof z to any pefson or a!reumrtanaes Is held invalid by any court of corp.tent }urJOICtlon, ouch holding shall not affect the p 01 4 it , ~ - . _ _ ~ i I i validlty of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares It wr.,,;d hzve enacted such remaining portions despite any such Invalidity. SECTION IV. r~ That all ordinances or parts of ordinances in force when the provisions of this ordinance become affective which are incon- sistent or 171 conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION V, That is is hereby declared to be unlawful for any person to i park any vehicle except an authorised emergency vehicle of police or fire vehicle on any portion of the above described streets se Is posted or marked by the proper authorities of the City of Denton, and that Section 1-5 of the Denton Code of Ordinancot, as amended, is incorporated into this ordinance as if eat out in full herein, and the penalty by fine not to exceed TwO Hundred Dollars (0200.00) is applicable hereto for each separate Want*. t SECTION I That this ordinance shall become effective fourteen (11) ? days from the dote of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be , published twice in the Denton Record-Chronicle, the official newspaper of the city of Denton, Taxes, with'r ten (101 days of the data of its passage, PASSED AND APPROVED this the ~ day of 1980, ~ CITY OF DENTON, TEXAS ATTESTt rA6)tiB 10 y G TY RR TA~'+i CIVY Or b.MTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR.t CITY ATTORNEY C1TY OP DENTON, TEXAS BYE , i i CITY OF DEYTON MEMORANDUM DATE: March 26, logo TO, NIL at and City council, City Manager 4 Director of Community Development FROM; C, J. Taylur, Jr. CItY Attorney SUBJECT; Amendments to Proposed Historic Landmark Ordinance Landm amendeda followint trhtosM'dchHltitor19,D Lac ncll metitfn`"' The following changes have been made 1. Paragraph (c) on PASO 4 has been changed to provide for two Year tors for members of the landmark commission, 2. Paragraph (d) on Paso S has been changed by adding the Chairmen of the Denton County Historic Commission as an ex officio member of the commits A. Paragraph (d) on Page 6 has been deleted which required a decision by the commission on whether the commission would recommend that a persons property be Included in a dellgnated plan. This is unnecessary since the ordinance desig itid das now hIsto le"landmiik withoutpet>ti eonieRt of the owners of the land. i following: W CA Page a ha bean emended by adding the l except that no propp arty shall be inclupuded In any tie orlc landmark`wit`hout thegconsentrof`ehe owner of the land, i CLTJR:js v a S N0. AK ORDINANCE AMENDING APPENDIX H OF THE CODETY CI OF 0^DIKANCES, THE ORDIN COMPAEHEVSriE 20N'ING ANCE, OF THE OF DENTON TEXAS El' ADDING TO APPENDIX B A Nn' ARTICLE 28A '~iITLED "ARTICLE $R HISTORIC LANDMARK PRESERVATION" LANDMARK; CREATING A HISTORIC LANDMARKICOM~1lSSON AND~1 PROti'ID1NG T FOR 10N IT F POWERS AND LANDWKS ILBY i THE 04CITYG DR ESTABLISHING CRITERIA FOR USE IN DETERMINING HISTORIC LAMA K DESIGNATIONS; HISTORICAL LAwEDHARKS;R WI INGLTHE POVERISLAYD AUTOHORI Y1OOFL Of PLANN':NG AND ZONING COFDIISStOF OVER HISTORIC LAVDAWWKS AND OF THE CITY COUNCIL; PROVIDING THAT HISTORIC LAVDb F DESIGNATIONS SHALL NOT AFFECT PRESENT ZONING USES; PROVIDING A PENALTY. k'HEREAS, the City of Denton, Texas has a history and a heritage unique and different from any other city In Texas which Is worthy of civic pride and preservation; and WHEREAS, tht Cit' Council recognizes its responsibility to preserve and protect places and trots In the City of historical end cultural importance and significancA for the general welfare of the community; NOW THEREFORE, THE. COUNCIL OF :HE CITY OF DENTON, TEXAS, HEREBY 6ADAI',5: SECTION 1, Appendix B of the Code of Ordinances of the City of Denton, Texas, the Comprehensive Zoning Ordinenee of the City of Denton, is hereby amended by adding to Appendix B a new Article 21A to hereafter read is follows; y ARTICLE 21A HISTORIC LANDHAAK PRESERVATION, Section 21A-1. "HISTORIC LANDMARK" DEFINED As us+d in this article, the term "historic landmark" rhall mean any building, structure, site, district, area, or land of architectural, historical, archaeological or cultural importance or valut, which the city council determines shall be protected, enhanced, and prtservad in the interest of the culture, prosperity, education and peneral wtlfart of the people. Section 21A•2. DECLARII'ON OF POIV Y, the city council hereb. finds and declares as a matter of public policy that the protection, enhancement, preservation 4~ i~ and use of historic landmarks is a public necessity and Is required 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 cityIs and state's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. (b) To safeguard the city,$ historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations. (c) To stabilize and improve property values in such locations. (d) To foster civic pride in the beauty and accomplish- ments of the past. (e) To protect end enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. {f) To strengthen the economy of the city. (g) To promote the use of historic landmarks for the culture, prosperity, educatio and general welfare of the people of the city and visitors of the Section 2SA•3, hISrORIC 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 zoning designation of those buildings, structures, sites, districts, areas and lands which the city council designate as historic lsndmsrks. Such designation shall be in addition to any other use designation eitsb1ished in the comprehensive zoning ordinance. The toning map shall rtlfect the designation of a historic landmark by the letter "H" as a suffix to any other use vw_ a designation established under the comprehensive toning ordinance. Section 26A•4. SAME-CRITERIA TO HE USED IN DESIGNATIONS. In making such designations as set forth in Section 2BA-3, the City council shall consider, but shall no be limited to, one or more of the following criteria: (a) Character, interest or value as pert of the develop- tent, heritage er cultural characteristics of the City of Denton, State of Texas, or the United States. (b) Recognition as a recorded Texas historic landmark, a national historic landmark, or entered into the National degister of Historic Places. (c) Embodiment of distinguishing characteristics of an architectural type or specimen. (d) Identification as the work of an architect or master builder whose Individual work has Influenced the development of the c1ty. (e) Embodiment of elements of architectural design, detail, materials or craftsmanship which represent o significant architectural innovation. (f) Relationship to other distinctive buildings, sites or areas which are 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 an area of history characterized by a distinctive architectural Atylt. (A) Archaeological value in that it has produced or can be expected to produce data effecting theories of historic or prehistoric interest. (I) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, Stott or United States. PAGE 3 P v. n I (j3 Location as the site of a significant historic event, (i;) Idell' fiCat IOn With a person or persons who ~I significantly contributed to the culture and development of tLe 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 is an aspect of community sentiment or public pride, Section 28A•5. HISTORIC LANDMARK CONNISSIDN- CREATED. (a) There is hereby created a commission to be known as the Historic Landmark Commission of the City of Denton, here- ff inafttr called the "landmark commission," composed of nine 1 members appointed by the city council. The landmark commission shell Include at least one representative from each of the following organisations or professions; (1) Denton County Historical Commission, (1) the Denton County Bar Association. (7) An Architect, (a) A Certified Public Accountant. (S) An owner of real property in the City. (b) The other members of the landmark commission shall be , appointed from such other Individuals end organizations as the 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. (c) Members of the landmark commission shall be appointed for two year terms, except that the original representatives 1 from the five fields of expertise shall serve for a term of two years, and all other original members of the landmark commission shall be appointed for a one year term. Thereafter all members of the landmark commission shall be appointed for two year terms. Vacancies in an unexpired term shall be fillet? by the city council for the remainder of the term. PAGE 1 { I (d) In addition to the nine members appointed by the cite councll, the following persons or their designates shall sit on the landmark commission Is 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 . (a) None of the ex officio members shall have voting power, but shall assist the landmark commission in its various 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 a simple majority of commission members. Five members present shall constitute a quorum for the transaction of business and all 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. The commission shall adopt j 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. F (g) The city attorney shall he the legal advisor for the Historic Landmark Commission. (h) The fact that one or more representatives from the five fields of expertise may not at any given point be a member s of the landmark commission, for whatever reason or reasons, shall not affect the validity of any decision or act of the commission. Section 21A•6. SAME-FUNCTION. (a) The landmark commission shall thoroughly familiarise itself with buildings, structures, sites, districts, areas and lands within the city which may be eligible for designation as PAGE I historic landmarks end shall prepare an historic landmark { preservation plan, hereinafter referred to as the "preservation plan," which shell: (1) Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic Iindn arks. (2) Establish guidelines to be used in determination 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 preservation of historic landmarks. y {4) Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources. (S) Recommend to the proper agencies incentives designed to encourage historical preservation. (b) The preservation plan shell be presented to the city planning commission for consideration and recommendation to the + city council for inclusion in the comprehensive plan of the city. (c) The landmark commission :hell recommend to the city planning commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the city as s historic landmarks, except that no property aAall be included ` in any proposed ordinance designating any property as a historic landmark without the consent of the owner of the lend. The landmark commission shall hold a public hearing on { all proposed ordinances Ind the owner of any land included in the proposed ordinance shall be given at least ten days written notice of the public hearing. i Pr,GE 6 ~ ~ I 1 , (d) If the landmark commission finds that buildings, structures, sites, districts, lands cr areas cannot be preserved without acquisition, the lsndmsrk commission mad' recommend to the city council that the fee or a lesser interest I Of the property in question be acquired by gift, devise, 1 purchase, eminent domain or otherwise, pursuant to the city charter and state and federal law. (e) Where there are conditions Lndtr which the required preservation of a historic landmark would cause undue hardship on the owner or owners, use district changes may be -ecommended 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 28A•7. ACTION BY THE CITY PLANYle'G COMMISSION. 3 (a) The city planning commission shall hold public hearings as provided for In Article 1011!, Vernon's Annotated Texas Statutes, to consider an,V historical landmark designation ordinance after recelving a recommendation for the landmark commission. The notices provided for in Article 1011f shall be sent to all owners of property which is proposed for "H" designation as well as to the adjoining property owners specified in said article. I (b) Kithin thirty days after the hearing, the city planning commission shall set forth In writing its recommen- dation, including the findings of fact that constitute the s 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. Section }sA-g. RECORDING OF DESIGNATION. Upon passage of a historic landmark designation ordinance. by the City Council, the city secretary shall file a copy of PAGF r {I I I the ordinance with C' t-0 and Denton County Tax Assessors together with a notice briefly stating the fast of the deslgnation W shall send a cop), of such notice to the owner or owners of the affected Property by certified mail. Section 2&A•9, EXTERIOR ALTERATIONS AND CHANGES-CERTIFICATE OF APPROPRIATENESS ORDINARY REPAIR OR MAINTENANCE, APPEAL. No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural 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 feature" shall include but not be limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from o public way. (a) Procedure when building permit is requirod: (1) When applying for a building permit for the exterior of a designated historic landmark, the applicant shall submit two copies of all detailed plans, elevations perspec- tives, specifications and other documents pertaining to the work to the building official, who shall forward such application to the commission chairman. Any applicant may appear at a regular or special meeting of the landmark commission before submitting an application and may consult with said commission during the review of the permit application. s (2) The landmark commission, upon ten days written n+tice to the applicant, shall hold a hearing on the appli• cation. Upon review of the application, if the landmark ` commission finds the proposed wort. of a nature which will not adversely affect any significant architectural or historical feature of the designated historic landmark, and is appropriate PAGE g M I f ~ I 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 E shall so advise the applicant after the certificate is received. I If the landmark commission finds that the pro- posed work will adversely affect or destroy any significant 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 building official that the application has been disapproved and shall notify the applicant of the disapproval and of the changes in the application which ire necessary to secure the approval of i the application, (A) If no action has been token 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, end the building I official shall so advise the applicant. (S) No change shall be made in the application for any building permit after issuance of a certificate of appropriate- ness without resubmittal to the landmark commission and approval thereof in the some manner as provided above. ' (6) After a decision is reached by the landmark commission denying on application for a certificate of appro- pristeness, a resubmittal of application will not he 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 he submitted in writing PACE 9 e 'r. directly to the historic landmarl: commission for a certffCate r of appropriateness which must be granted before such work can be undertaken. Applicant shall submit a Copy of all proposed alterations and changes to the commission. The appllutlon must specifically describe the alteration or Change proposed. Any applicant may appear At a regular or special meeting of the landmark commission before submitting en application and may consult 'I 'h said commission during the review of the application. The landmark commission, upon ten days written notice to the applicant, shall hold a s hearing on the aPPIlcatton. Upon review of the application, SE 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 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. (3) It the landmark commission finds that the pro- , posed work will adversely affect or destroy any significant } architectural or historical feature of the designatL* historic landmark or is Inappropriate or inconsistent with the spirit and purposes of this article, it shall notify the applicant within thirty days of receipt of said application that the application has been disapproved and shall include !n such notification the changes necessary to secure approval of the application, (4) If no action has 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 10 5 d Tf¢ 9 a solo= (S) No change shall be made in the application for { Issuance of a certificate of appropriateness without resubmittal to the landmark commission and approval thereof in the same manner as provided above. (G) After a decision is reached by the landmark commission denying cn application for certificate of appropriateness, a resubmittal of application will not be accepted for additional bearing 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, (c) Ordinary repair or maintenance: ys Ordinary repair or maintenance which does not involve changes in architectural and historic value, style c: general design is exempt from the provisions of this section. (d) Appeal. 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 28A•10. HISTORIC LANDWX S•DEMOLITION OR REMOVAL. i (a) If an application is received for demoittlon or removal of a designated historic landmark, the building official shall immediately forward the application to the landmark commission. The landmark commission shall hold a public hearing on the application 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 commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, tb% existing and/or potential usefulness, including economic usefulness of the building, the purposes behind preserving the structure as a historic PACE 11 h x.. ix 1 z landmark, the character of the nelghboriiooe, and all other factors It finds appropriate. If the Iandmar}'. Commission determines thet in tht interest of preserving historical values, the structure should not be demolished or removed, it ! shall notify the building official that the application has been disapproved, .nd the building officW shall so advise the applicant within five days therefrom. If the ian!rark commis- sion determines that the interest of preserving historical values will not be adversely affected by such demolishment or removal or that the interest of preserving historical values can best be served by the removal of a structure to another specified location, it shall issue its certificate of demniitlon or its certificate of removal, as may be appro- priate, to the building official; and the building official shall so advise the applicant within five days therefrom. I { (b) If no actloo 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 s 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 denying an application for a certificate of demolition cr a certificate of removal, a resubmittal of application for such a certificate will not be accepted for additional hearing within a twelve-month period from the date of final decision. (d) Any applicant or the owner of any property located within three hundred feet of any landmark who is aggrieved by a ruling of the landmark commission concerning some landmark under the provision of this section may, within sixty days after the ruling of the landmart 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 %ith the city secretary, the city council may, by a simple msaority vote, FACE 12 p iv rM F ry uphold or overturn any ruling e: the landmark commission m,de pursuant to this section, Section 29A•11. PROCEDURE FOR OBTAIPING DUILDING I'M41T REMOVAL PERMIT, DEM)LITION PERMIT AND FOR ALTERING THE ERTEPIOR OF ,4 BUILDING OR STRUCTURE DURING PENDENCY OF CONSIDERATION OF SUCH BUILDING OR STRUCTURE AS A HISTORIC LANDAI K OR AS PART OF A HISTORIC L&ND?I X. (a) From and after the date on which the question of whether or not any building, structure, or site within the City should be designated as a historic landmark is placed upon the agenda for any spatial or regular meeting of the landmark commission, or from and after the date on which such agenda is i pasteC in accordance with the provision of Article 6252.17, V.A.T,C.S., as amended, or from and after the date that the landmui :o iaion approves or recommends a preservation plan or any amendment of any existing preservation plan which embraces or includes the building, structure, or site within the City, whichever date first occurs, no building permit ellowiag the construction, reconstruction, alteration, change, restcration, removal or demolition of any exterior architectural feature of any building or structure than existing including or embraced in whole or in part within the scope of such agenda consideration or such treservatlon plan or Ach amendment thereof, as the use may be and no permit allowing the demolition or removal of ■ll or any oast of any I 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 architectural feature of any such building or structure, until the earliest of the following conditions have been tot: I (1) A tinal and binding certificate of app:opriete- ness, removal or demolition, as may be appropriate, has been issued by the landmark commission; (2) The landmark commission falls to rake a recommen- dation that some part or all of am• such building or structure PAGE 13 f i` I i I be designated a historic Iandmerk or be 3neluded 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 b;• the city CCU-Icil that no ;)art 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 fail to ■ct within ninety days from the date in appeal is filed, the requested permit *hill be granted, The ninety day time limitation may be waived by the appellant to allow the city council an atlltionaI thlity 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 notice of each such written order or such Agenda or such preservation plan or amendment thereof, is the case me), be, as promptly after the preparation thereof as Is irsetieable, the failure to so furnish the building official with a copy or written notice thereof, however, shall not have the effect of validating any building permit, removal permit or demolition ' permit Issued In ignorance of any such written order or agenda- In any instance in which any such permit me required, It shall be may not the duty of the Sendma:k commission to to ' give notice of any such written order or such agends or sic'. 1 preservation plan or amendment thereof in the owner or owners of any building or structure included within the scope thereof, which notice shell be deemed complete when actually given, orally or in writing, to such owner or owners, or when written notice thereof is deposited in the United States mail, postage prepaid, certified or registered, with return receipt requested, addressed to such owner or owners, whichever event i first occurs. I PAGE 11 I (tl Any permit Issued to any person or entity from or after the date of any such written order, or such agenda, or the approval or recommendatior of such preservation plan or amendment thereof, es the case may be, shall be null, void and of no force or effect until the earliest of the events described in subparagraphs (i), fl) and (3) of subsection (11 next above to oceur. (d) Notwithstanding any other provision of this chapter, no building permit, removal permit or demolition permit shalt be issued by the building inspector for any structure located In a National Register District except as authorized by the subsection, The building lnspectnr shall notify the landmark commission immediately of any application r:questing a building permit, removal permit or demolition Permit for it structure located in a National Register Distric•.. No such permit shell be issued by the building inspector before the landmark commission has made a recommendation or scheduled the structure on its agenda or before the expiration of forty (40) calendar days, whichever is sooner, If a structure is made an agenda item, it shall be scheduled for a public hearing as soon as adjacent property owners ate notified. for purposes of this i subsection, "Nations) Register District', is defined as a a_e;ignated area possessing a significant concentration, linkage ' or continuity of sites, building structures or objects which are separated geographically but are linked by association or history; provided, that no arcs 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 1066, as amended, prior to the effective date of this amendment, and until maps depicting such area are made available for inspection by the public in the office of the Building Inspection Department. Notwithstanding any, provision hereof, this sectic- shall riot apply to geographical areas designated as historic districts under the provisions of this ordinance, PAGE 13 Section 26A•12. S4~ji:.OiISSI01' Oi 1'ECESSARI' REPAIRS. (a) The exterior of a designated historic landmark shell be maintained to insure the structural soundness of such landmark. If the landmark ee ommiveasthlaon a etha tted th hier se are reasonab2t grounds to bel i tfinddssi gna toric landmark !s structurally unIcund or In imminent danger of becoming structurally unsound, the landmark commission shell notify in writing the owner of record of the designated historic landmark of such fact. (c) Upon the giving of ten days written notice to the owner of record of such designated historic landmark, the landmark commission shall hold a public hearing to determine If the designated historical building is structurally unsound or In imminent danger of becoming structurally unsound. The landmark Commission's report may include evidence of economic hardship or willful neglect. (d) At the conclusion of the hearing, it the landmark commission finds that the designated historic building is i structurally unsound or in danger of becoming structurally unsound and that no valid reason exists ss to why the Owner cannot or should not undertake to safeguard the structural soundness of the building, It shall in writing notify the ' record owner of the finding. (e) The owner of record of o 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 that ressonally necessary repairs to safeguard the structural soundness of the landmark have been effected. I (f) If s landmark commission determines that the building Is structurally ursound 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 I PAGE 16 1 it City council its recommendation as to what action, if any, should be taken on the structure. (B) Any applicant or interested person aggrieved by a ruling of the landmark commission under the provisions of tF.s section may, within thirty days after the date of such ruling, appeal to the city council, Section 2BA•17. HISTORIC LANDMARK DESIGNATION TO COEXIST k1TH OTHER USE CLASSIFICATIONS Use classifications as to all property Vhich may be included In a historic landmark designation shall continue to be governed by the comprehensive zoning ordinance of the city and the procedures therein established. Section 28A•11. HISTORIC DISTRICTS DEFINED; RESTRICTIONS BOW DIPOSI HE ES ABLISHED; REQU DISTRI FOR APPLICATIONS FOR DISTRICTS SET FORTH; DISTAICT PRESERVATIONEVA.LUATING PLANSSAME DEFINED: NIS: CELLfNEOUS ADMINISTRATIVE REQUIRENExIl OF F RD MODIFICA 1IONI OF SORDINANCE; PROVISIONS ESTABLISHED. (a) DEFINITION. Districts which may be designated r, Historic Landmarks pursuant to Section 2BA•1 shall herelr be referred to to "HISTORIC DISTRICTS" and shall mean geographleally definable areas; possessing significant coneentratioat, links " Be, or continuity of buildings, structures, sites, areas or land which are united by architectural, his- torical, archseioglbal, or cultural Importance or significance. (b) RESTRICTIONS. All buildings, structures, sites, areas or lands located with a designated historic district, whether individually designated historic or not, are subject to these regulations, No person or entity shall construct, reconstruct, ' alter, change, restore, remove or demoli,~h In any way the exterior features of such building, structure, or site, area or land until a permit has b-an granted by the building official of the City of Denton. Furthermore, no public improvements, Including, bit not limited to, street construction, signs, lighting, sidewalk construction, parking facllltles and traffic PAGE 17 1 i ~ I aaem~ . ~ . ~ . J I system changes, except trsffi_ control signs and devices, shall be made within or affecting a historic district without approval of the city council after recommendation has been suhmitted by the landmark commi9aivn and appropriate cIt>- departments. (c) DISTRICT BOUNDARIES. The boundaries of historic districts shall be drawn 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, arise or lands meeting on one more of the Section 2BA-3 criteria, j provided that at least Sit of the total structures within the boundaries are of architectural, historic, archaeological, or cultural importance or value. (d) ESTABLISHMENT OF HISTORIC DISTRICTS. (1) Applications for considerstion of s historic district shall be based upon architectural, historical, archaeological or cultural importance or value and accompanied by a report to the landmark commission Containing the following information. (a) A list of specific buildings, structures, sites, areas or Lands of lmportance or value located wiryih the proposed district boundaries and a description of the particular importance or value of e%eh such building, structure, site, area or land. (b) A map showing the bound,Arles of the proposed historical district drawn to a scale of 11'x2001; and the location of each structure of importance or value identifled by a number or letter desig,.ation. (C) Sufficient photographs oe each building, structure, site, area or Isnd of importance or value showing the condition, color, site and architectural detail of each, and, FADE is i $)-Stec changes, except traffic control signr and devices, shall be nade within or affecting a historic district without approval of the ci ty council after recommendation has been - submitted by the landmark commission and appropriate city departments, Cc) DI STAICT BOUNDARIES. The boundaries of historic districts shall he drawn to as to include all buildings, structures, sites, areas or lands which meet one or more of the criteria set out in Section 2SA•3 herein or which directly effect or relate to such buildings, structures, sites, area or lands meeting on one more of the Section 28A•3 criteria, provided that at least 511 of the total structures within the boundaries are of architectural, historic, archaeological, or cultural importance or value. (d) ESTABLISHMENT OF HISTORIC DISTRICTS. (1) Applications for consideration of a historic j district shall be based upon architectural, historical, archaeological or cultural importance or value and accompanied by a report to the landmark commission containing the following information, „ j (a) A list of specific buildings, structural, sites, areas or lends of importance or value located within the III proposed district boundaries and a description of the f particular importance or value of each such building, III structure, site, area or land, (b) A map showing the boundaries of the proposed 1 historical district drawn to a Scale of 1'le'00'; and the location of each structure of importance or value identified by a number or letter designation. (c) Sufficient photographs of each building, structure, site, area or land of importance or value showing the condition, color, Site and architectural detail of each; and, FACE Ie k (d) A description of each building, structure, site, area or land of Importance or value mowing the condition, color, sire and architectural detail of each; and where possible 1. date of construction 2. builder or architect 3. chain of uses and ownership 4. architectural style S. materials 6. construction technique 1, reco ninon by State or National Government as architecturally or historically significant, if so designated. (2) Application for establishment of an historic district on the basis of cultural or archaeological importance or value shall be accompanied 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 land being proposed for historic designatior; end (o) Any evidence which would shjw recognition by either the State of Texas and/or the National G^vernment. (3) Applications to increase the boundaries of an historic district may be made if one or more of the following conditions are tit: (a) when buildings, structures, sites, areas or lands of importance or value are related to the district are requeste3 for inclusion. (b) when facts previously undisclosed to or unknown by the landmark commission are revealed which indies!# that a particular building or site Is possessed of special architectural, archaeological, cultural or historical importance or value, PAGE 19 T _ - - ~ -r- - -T ..roes (4) Applications to reduce the boundaries of an historic district may be made when one or more of the following conditions have been met; (a) When it car be shown that a particular building, 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, archaeological, or cultural character or economic viability of the district, (c) Whin it can be shown that no degradation of the district either physical, h!storical, architectural, archae- ological, or cultural will result from e..clusion of property from the district. (S) Application for inclusion or exclusion may be made when either continued exclusion or inclusion of property within the i district would render it an economical hordhalp for reason- able t continuation in its present exterior form, In order to establish such economic hardship, the owner must show that no reasonable sltentativa uss exists which allows the exterior of the building to remain in its 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, 1 (a) CRITERIA FOP DESIGNATION OF HISTORIC DISTRICTS. In evaluating applicitions for historic districts, the I landmark commission shalt consider Sections 20A•3 and Section 26A•13(d). If the landmark commission recommends 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 following: (1) A statement of purpose setting forth the commission's reasons for recommending designation of the district; and PAGE 2D i { I t Y +r (2) A legal description of the boundaries of the district; (3) Maps, charts and photographs of the buildings, structures, sites, areas, or lands located vithin the district; ICJ-~ (4) Findings that support the criteria required in Section 28A-3 and 28A-13, if applicable, that establishes the particular importance or value of the district. (S) Recommendations for the protection and preser- vation of the district referred to herein as district preservation plan. (f) DISTRICT PRESERVATION PLAN. The district preservation pisn shall include, but shall not be limited to the following: (1) 7oning Classification of Uses. The commission may examine the uses existing within the district in terms of their individual and continued effect upon the character, safety, economic end physical impact of the district and may recommend such changes in toning, height and area regulations. (2) Building Code Requirements. The commission may review and recommend any amendments to the building regulations it feels necessary to preserve the architectural and historic Integrity and authenticity of structures within each such district, (S) Sign Regulations. The Commission may review the provisions of the sign regulations that are permissible within each such district and recommend such alterations in site, location, type and construction they feel appropriate. In preparing such reenmmendations, the Commission shell consider existing signs as well as criteria for future signs, In the event that an existing sign or signs are deemed to have s negative impact on the character of the district, the Commission may recommend a method of removal or improvement of %uch sign or signs, reviewing suvA sigrt changes with owners or tenants prior to such recommendation. PAGE 21 I NUMS (4) Par};lns Regulations, The commis +S on may renew the parking regulations in existence In the district and recommend any changes in numbers, or location of on•street and off-street parking requirements it feels necessary to enhance the district. It shall review the adequacy of parking facilities in or affecting the district and may offer recom• mendati°ns for such public and/or private parking lots, garages or structures it deems to be In the best overall Interest of the district. (S) Architectural Regulations. As a guide for those seeking a cfrtifl a to of ►pproprlatenels pursuant to Section r 28A•8. the historic landmark commission may, in conformance with the applicable zoning classification, height limitation, and in keeping with the significant archiand tectural' historical, archaeological or cultural elements of each such district recommend regulations affecting the exterior of the building, including, but not limited to, the following; (a) Acceptable materiels for new construction such as stucco, masonry, metal and glass curtain; (b) Appropriate architectural character, local 0 and det+ll for new construction; (c) Acceptable appurtenances to new and existing structures such As gables, parapets, balconies and dormers; (d) Acceptable ttetures and ornamentation such as paint colors and types, list o: wood, stone, metal, plaster, , Plastics and other man-made materiels, use of shutters, wrought and cast iron, finishes of meta], colors of glass, such as silver, gold, bronze, smoke, and other details or architectural ornamentation. (e) Acceptable accessories h on new or existing structures such as light fixtures , g++ lights, a n°pies, exterior errpentrY, tilt or wood, banners, flips and projections; and PAGE 22 t ff) For those properties which are sites, areas, lands, buildipgs, structures, or vacant lots which are not of historical, atchitecturel, archaeologtcai or cultural importance or value, development or redevelopment may be at the ovner's discretion as long as there is no variance from the historic district preservation plan to materials, scale and detail, appurtenances, textures, ornamentation and accessories, anu the owner complies with existing regulations. In these instances, no review by the landmark commission would be required, and no certificate of appropriateness would apply, (6) Transit and Traffic Operations, The commission stay review the transit and traffic operations in and through the district and provide recommendations to the urban transportation department and city council on routes, schedules, one-way and J two-way serest patterns, park and rise, shuttle services and +JJ pedestrian facilities that will enhance and preserve the 1 character of the district. (7) Public Improvements. The landmark commission may i i recommend to the city council acceptable public architectural and en;ineerina designs Including street lighting, street furniture, signs, lands.:rpll•ngf utility facilites such as electric poles and wires, telephone lines; design textures of sidewaiks and streets, such as brick, stone and tile, and such other elements as deemed necessary for enhancement and preservation of the district, (g) Administrative Aequirements of Landmark Commission. (l) when a historic landmark commission considers an area as a possible historic district, it shall, prior to readarinr its final recommendation and report, submit its report, including the district preservation plan or any proposed ordinance amendments to all city departments, boards and commissions and other public agencies directly affected. (2) In addition, it shall, and prior to rendering its final recommendation, make the plan available to the landowners in the proposed district. In the event the area under PAGE 23 I I consideration has established an historic district committee, the commission may include the comments of Stich committee in its final report. If appropriate and desired, the commission should recommend that the cit) council adopt the restrictions to assure that future public investment complies with the term c, the district. (3) Commission approved medallions for designsted structures within the district shall be prepared and, subject to the approve] of the owners, ray be affixed to the I'M" &-isignated structures. (h) Changes in Provisions herein. Such regu'.ations, restrictions, and boundaries may from time to time ba amende., Supplemented, changed, modified, or repealed, In ease, however, of a written protest against such change, signed by the owners Ill of twenty percent or more either of is area cf the lots or ]and i f included in such proposed change, or of the loto or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by th favorable vote of three-fourths of all, members of the city council Section 2SA•13, PENALTY (a) It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, rate, of maintain any building, structure, or land in a historic landmark designation In violation of the provisions of this ordinance, and the city in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, re at oratIor,, demolition, rating, or maintenance, to restrain, correct, or abate such violation, to prevent any illegal set, business, or maintenance in and abnut such premises. (b) Any person, firm, or corporation violating any provisions of this chapter shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each day or PAGE 24 s I~ portion thereof during which any violation hereof is committed, :ontinues or is permitted, and upon conviction of any such violation shall be punishable by a fine not to exceed two hundred dollars. Suction 26A-16. NOTICE, Any notira required to be given under this title, if not actually delivered, shall be given by deposit.-.g the some in the a United States mall, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known li address. When notice is required to be given to an owner or ewne•s of property, such notice, delivered or mailed by i i s certified or registered mail, may be addressed to such owner or owners who have rendered their said property for city taxes so the ownership appears on the last approved city tax roll. SECTION II. i This ordinance shall become effective from and after its date of pacsage and publication as required by law. PASSED AND APPROVED this the day of 4 CITY OF DANTON, TEXAS i ATTEST: -Sim CITY OF DENfON, TEXAS i APPROVED AS TO LEGAL FORM C. J. TAYLOR JR., CITY t ATTORNEI, CI~'Y OF DENTON, TEXAS t PY. h PAGE 2d f 0 I CITY OF DENTON MEMORANDUM f DATE OF MEETING:April 1, 1980 i CITY COUNCIL AGENDA ITEM (USE E)LkCT WORDING AS ITEM IS TO HE PLACED ON AGENDA)t 1 Consider a resolution authorizing the signatures and the signing of the escrow agreement with the State for the widening of Loop 288. SUMMARYs State has retained escrow agreement for apprt,kimately 5409,000. Council needs to pass resolution authorizing sig,,atures fe4r 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 aflar the contract and checks have been received from Melvin Simon, FISCAL SLXMARYt Cost to the City will be $300,000 less the j~ssessment if the Council wishes to pursue this in the future. The assessment would net the city approximately $30,000, Bill M Lary from Finance will add the funding sources. I ACTION REQUIREDt Council should rear' resolution and sign the escrow agreeme±t and instruct staff tc steps they should take to obtain an agreement and funding from Melvin Simon, I ALTERNATIVESt Not to sign resolution and escrow agreemen, and not widen 288 at this time. STAFF RECOKSENDATIONSI Staff recommends approval of resolution and signing of the escrow agreement EXHIBITSt 1. Memo to G.C. Hartung CITY OF DENTON MEMORANDUM TO: G. Chris Ilartung FROM: R. Svehla DATE: March 27, 1980 r RE: Escrow Agreement with the Highway Department for widening of 288 a resolution authorizing signing of this agreement and recomirenda- tions on steps needed to insure the City has a limit of $300,000 liability. I, We have finally received the escrow agreement from the Dallas Office of Highway Department. 'rho amount of money needed to be put up for widening of 288 will be approximately $409,(00. In order to meet State requirements, i all present Council members will be required to sign the escrow agreement. The Highway Department will also require the Council to pass a resolution authorizing all members of the Council to sign the c3crow agreera0nt. The attorney has d,,awn 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 fran the MKT tracks to I-35E. At that time, Melvin Simon proposed to fund anything over $300,000 plus all the engineering costs of retaining Carter and Burgess to do the engineering design. We have had phone conversations with representatives from Melvin Simon today and thoy have assured us they still intend to fund anything over $30D,000. 1h.-Ir attorneys are drawing up a contract indicating this and we hope to have copies a^ailable for Council review by Monday. ;i Finally, at the Septom',er meeting, the Council also decided to take the staffs recommendation to assess the frontage 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: 1) They pass the resolution authorizing the signing of the escrow 'i agreement 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 cnmpleted, Council adopt an assessment ordinance assessing III'` per front foot. both sides of 288 at $15.00 s, r e 1 N i atv'-x ~ . kw 0.,t Mullo to G.C. Hartung Escrow Agreement of Mall Page 2 I I Staff will be available for any questions that you and the Council might have. d ° aisve I Director of Public Works I i I , r k Y F tN , J r . R E S O L U T I O N WIIEkEAS, the City of Denton desires to widen Loop 288 from the MKT Railroad tracks to U.S. Interstate 3S; and WHEREAS, the State of Texas has agreed to participate with the City of Denton on this project; and WHEREAS, the State of Texas requires that all council- persons of the City of Denton execute an escrow agreement with the State for its participation; NOW, THEREFORE, BE .I1' RESOLVED BY TEIE CITY COUNCIL OF THE CITY OF DhNTON, TEXAS, THAT: SECTION I. It is the intent of the City Council of the City of Denton, i Texas to participate with the State of Texas in widening Loop 288 from the MKT Railroad tracks to U. S. Interstate 35, and all councilpersons are hereby authorized to execute the h necessary Escrow Agreement reyuirt,4 by the State of Texas to achieve this purpose. e i SECTION II. That this resolution shall take affect immediately from and after its passage and approval. PASSED AND APPROVED this the r_ day of lean. CITY OF DLNTON, TEXAS ATTEST: ~ii~6~"fi"of.7; Z`T`rY"gTCtiF7'ATiY CITY OF DENTON, TEXAS APPROVED AS TO LrGAL FORM: C. J. TAYLOR, JR., CITY ATTOitNEY CITY OF DENTON, TEXAS CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (a, 7)566.8200 ~ TO: Chris Hartung, City Manager a FROM: W. H. McNary, Director of Finance I DATE: March 27, 1980 It SUBJECT: THE FINANCING FOR THE WIDENING OF LOOP 288 Because of the urgency of widening Loop 288 and the current uncertainties of the municipal bond 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 for the transfer of funds from the Electric System Fund to the Street Improvement Flood in the amount of $300,000. These funds represent excess cash generated from the refunding of Electri, System Uonds in 1978. There is no programmed requirement for these funds within the next 5 years. This resolution provides for repayment of the cash auvance 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. W. H. McNary 5~~ i Director of Finance s pi i i i { M I ip R E_S 0_L U T 10,N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The project entitled "Widening Loop 288" is hereby approved for 0e Street Improvement Fund, p SECTION II. The City Manager 1s authorized to transfer the sum of $300,000 from the Electric System Fund to the Street P Improvement Fund as a cash advance to be repaid from General Revenues over a five (5) year period at an interest rate of ten percent (10%), PASSED AND APPROVED this the day of 1980. CITY OF DENMI, TEXAS i ATTEST: tl~-tlo~rxa~~r; ~~~r-sE~k€l~av CrTY OF DENTON, TEXAS I APPROVED AS 'rO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF OENTON, TEXAS :t BY: t r 1 I i I DENTON GIRL'S SOFTBALL ASSOCIATION r THE STATE OF TEXAS $ COUNTY OF DEiJTON S CONTRACT FOR SERVICES I This Agreement made this the let day of April, 1980, by and between the Denton Girl's Softball Association, hereinafter ~II referred to as the "Association', and the City of Denton, hate- 1 inefter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions$ City Agrees to deposit with the association the sum of Four Thousand One Handfed and No/100 ($4,100,00) Dollars and Certain fees and charges heroinafter described, for the Cit/'s fiscal year 1980. Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall sot forth on an Item by item basis the fees and charges Lerein- after described, and the above Four Thousand One Hundred and f Vo/100 ($10100.10) Dollars, the City will make one payment to li the Association on the Ist day of April 1980, in the amount projected in the annual budget. City shall make such payments r I solely from current revenues in the budget of the parks and , t Recreation Department, Expendituroe shell be authorised for e period from April 1, 1980 through August 31, 1980, 1t. Associat?on ogroes to provide quai(fied umpires for all { Girl's Youth League Softball games and spicial games that are j sponsored b; the Denton Girl's Softball Association. ) IIt, Association alrees to the following additional teems and conditional i 1. It will sstabltsh a separate bank account for deposit of the four Thousand One llundred and 21o/1n0 ($4,100.00) Doilats paid to the Assoclation by the City and all expenditures for 6ervices providel shall be made fro,n this account. { HVh.lt~ r. 1 i 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. I. It will permit authorised officials for the City of DOn[On to review its books at any time. 4. It will reduce to writing all of its rules, regula- tions, and policies and file a copy with the Director of Parks and Recreation or his authorised representative along with any amendments, additions, or revisions whenever, adopted. 5. it will not enter into any contracts that would i encumber the City funds for a period that would extend beyond the term of this Agreement. 6. it will prepare and submit a report of expenditures and i revenues to the Director of Packs and Recreation or his tepre- eentstive by the lat day of Septombor, 1460. i. It will refund the balance of the special account -to the City of Denton on or before September 11 1980. 8. It will promptly pay all bills when submlttedi unless therd is a discrepancy in a bill which should be promptly j reported to the Director of Parks and Recreation or his enth- orlsed representative for further direction, 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold harmless the City from any i and all claims nd suits arising out of the activities of the Association, its employeea, indloc contractors. 11. It will obtain releases from the officials which will a roleass, Indemnify and hold harmless the City and the Asso- elation from any claims, injuries, or damages of the officials. i lt. It will retain officials as Independent contractors and not as employees. The gen4ral terms and Con:itions are as followsi 1. it any of the terms and conditions are not coim711Pd i with by the Association, the City is authorized to refuse to E make any further payments until the condition on which the complaint is based is corrected to the natisfartion of the City. + 2. This contract shall be object to all va'.id rules, i regulations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other govern- mental body or agency having lawful jurisdiction. r 3. Association is authorised and should give notices required herein to the Director of Parks and Recreation or that person's authorised representative. ! 1, Any contributions or giCta received by the Association are not subject to the provisions of this contract and they,. b should be kept cepatate and spar: from the funds, Cherges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and rot { as an agent or department of the City. It shall have complete f control, supervision, and responsibility for its activities j under thin Contract including the hiring, supervision, and j aontroi of its employees. IN WITNESS WHEREOF, the part'es hereto, acting under 1 authority of their governing body and Board of Directorsi have I caused this contract to be duly executed in two aoantarparta, , each of which will constitute An original, as of the let day of April, 1980. t , JILL NASH, I Y R CITY OF DEMON, :'ERAS ATTEM DENTON CIRL'S SOFTBALL ASSOCIATION BR OK CITY SECRCTARI BY, CITY OF DENTON, TEXAS brlD I{ II N, PRESIDENT i AMOVED AS TO LUOAL FORM-. C. J. TAILOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS i SYS r City of Denton Memorandum April 1, 1980 A enJa Item: Consider the final plat of Skyline Addition. Summa. The petitioner, Mr. R. B. Meltun, Jr. seeks to subdivide a 777 acre parcel, which begins at the southeast corner of Lindsey and KEndolph Streets,into three (3) lots for residential use. The lot being platted at the corner of Lindsey and Kendolph is 60.3 feet X 140 feet and establishes a 70 foot building line along Lindsey Street. Article 13 of the Comprehensive zonirl 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 ordinar^e, except that where one street exposure is designated as a side yard by a juilding line shown on a plat approved by the City Planning and Zoning Commission containing a side yard of ten (10) feet or more the building provisions on the plat shall be observed," The ?lanning and Zoning Commission considered the final plat of Skylin+ Addition 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 Comnp!asion Agenda of March 5, 1980 and was approved by the Planning and Zoning Commission, 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 comment on this plat, this item was placed on the Planning Commission Agenda once more and at their meeting of March 19, 1960 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 tine 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 Development Department and were filed in the Board of Adjustment case file, but the letters were in opposition to both the Board of Adjustment variance 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.) Recommenr~a tion: The Planning and Zoning Commission unanimously recommended denial of the final plat of Skyline Addition. Alternatives: The City Council can either approve or deny the olat. T r Skyline Addition Page Two Action Required: The City Council can either approve or deny the plat. Exhibits: A. Memo 8. Map C. Petition, letters, and reply forms f'✓ 1 6 x ~ 1 I` i x i i F r i - ~T 77- T- Awn- SMALL .nee I i I ' rCi V'r V../ TRACTS t~ I i LINDSEY M Wgo, tr t IILi1' LOT 2 ¢I I airusrw o Lot I MAW e p, A I LOT b u . .J I BLOCK I g Y i.o,oe' sL s' 49 w s ~sN~r s~~ ~ tes is' I i !G 4 e We the undersigned oppose the replatting proposed by-k. B. 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 soutb from Lindsey to Kendolph I I is practically a blind turn. The additional visual obstruc- tion resulting from a house being built only 20 feet from Lindsey would 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 frontage on Kendolph) immediately south of the corner lot. j Mr, Melton has stated that he plans to request a replatting of this property into 6 lots with 60 foot fronts and one lot with 100 foot frontage. There are currently no lots on Kendolph between 135 and Willowwood with 60 foot fronts. Mr, Melton has 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 ' by 225 for the purpose of building rent houses. We feel that thee intrusion of such a large contigu,%us block of rent property is damaging to the integrity of the neighborhood and clearly violates the spirit of the current single family zoning, J ' Name / address Date /(f4 ~J /~c~1(IGL1 Z~ /J~/U /i~/ i ll 7A%1)4 . ~ ' i , 7 ~ ~ 1 R..7~ ~ i~ ,f~t~: ~ n, a-~ri-- , t e.1, JV4 15oV 1eC--,v&6p,4 3`74'0 J~ ,~j' ~ Z Gd ~ ~ 31J7 ~ I el /kip, nv~l Is ;fr4e 3 i~O w,. f > r' Addecss . A e; 1 l v~ / f /Y,o . 11 ~ ~1 f Name address Date C f IVAO ' O J li''.' 'tc rt , 7 ~f~a AAA tl~. y;,y,.. [-I{~ CL~.~tIJ~(, p ' /yam • w.~G✓ S= .>L wt" SfLIB.. !1``• ~11~t Y,I'S~.~t ~r s'L/b~/1l~~stf.+.~• + ~jl.. 'IVL(i ..Y wJ/~~ti ,~~V ' I~ ~'Y :~.,e~ ~j'.. 4✓V' Ill 1~/7. E~.. ~ ~7•^. tt. 1 './L//•~ . .P D~/j7,. 31 Y " f V a~z& 144 3 LV WIPPcr t w t r, ; ~+€yh e%~. $ 198 19' ?0 a Vv -elk Mot 1Y1a4 ~s SD ►el-* Ise d ~E Rd, 71~-•t.i.,t~ t q kf~ 1 Teo Iv 0 41. ti'k~ rn,d uµ • 4 ~i lei j" 9VII0 gj J i82~ rd~u,~rG y~reray q, iy~d. I ✓~'y,.. °~L ~'•-Lt,. t Y ~ 3 r'i1~r,1~~c , 19 S'J 5 10 47, e I goo , a v . R k . ;s- .inv. Address Date lge> -31 (CPO ~ ~ 1' V VWL l1'ri 44. 7 v d ' f, • 1 V/M ; rp~ I N-t ,,y March 9, 1980 To, Planning and Zoning Commission, Denton, Texas On Wednesday, March 5, 1980, the P. and Z. met for the second time to consider a request by R. B. Melton, Jr., for a replatting°fthe lot on the southeast corner of Lindsey and 8endolph. The replatting was apparently denied the first time because of the size of one of the resulting lots. Mr. Melton's plan for replatting also carried with it a request for a five foot variance. Some of the immediate neighbors were notified by Mr. Charles Watkins, staff member of the P. and Z,, of a meeting of the Board of Adjustment on March 10 at which time discussion of the request for the variance would take place, The addacent property holders were nol notified by the city of the meeting when the replatting was discussedi some of the neighbors 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 11r. Watkins' office on Tuesday, March 4, 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 he 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 replyt "No," In fact, 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, t Mr. Watkins indicated that the presence of those in opposition to this replatting would not have had any effect on the con3iderations 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 safety at this corner as it is); the variance merely exacerbates this problem, But the larger issue concerns the propriety (or impro- pristy) of the entire procedure in this matter. Rr. Watkins' statements were unfortunate to say the least; to say they were irresponsible is perhaps somewhat harsh but closer to the truth, It seems that by far the fairest solution would be to reschedule yet another hearing by the P, and Z. on this matter, , rN r M ".~2~ rteniJi~~h ~ Denton, Tr 1: ;v'd r 1 ; =Q I F I n'119 and 7onfn3 ;omnl$Sion City of Oanton giant l ':men t Ni uncaratand that A Punning and Zonlnq 'neat In0 IS uche du lad on 1 9 h'arch concerning th.. proposed re-platting of the lot on the corner of Kenifolph and Lindsey, 3inc~ ,ae fiv? In that neighborhood and consider such Activities of fntare:4t, vi re- 3rat that vt have a previous c~)mmftment that viii prevent our Attending that meeting. In Ileu of attend?nce ve are sending thin note to Indicate our concern about thld matter. tGur undaratanding Is that tne ;:ro- dosad rep] attI..j oitII result in the .tddlt for to our neighbor- hc;,d of t~vo lots that are iach amallar than any of the lots In the vlcinlty (maybe 606 smaller). Mile technically acceptable under the prevailing zoning, they are out of place in the exist- Ing neighborhood ad It had evolved, ie f?ar that the approval of this request may set a precedent that 1111 allow the degrada-. tlon of the character of a now well-establlohed neighborhood. as request that the proposal for replatting be denied. The original plat of this property fo In line with the other proper- ty In the vicinity and will tend to maintain the nelghborhood's character. 3lncarely, Catherine F Conrady )enls A Comedy C a ~ /fir' " % ~ 1.. Gr ~ ~ ~ /.,r ./.✓,,.r' ..!L'L L'i r ~ v.Go.L 1 r-t•,,:•t_ r . l r ' y. y~-G.•.(~ r:^ ~✓t Ski ~tti~ ,~(r r ~.~Cw. ~ rw ~.L~~~ r ' rfrr. r`.~, fZ'JC:.C.trC-,•!<%. .`G.%w~6r-a '~`.Y•C✓ tir l -•Li f~.~./ ~t':G lY \r /r (.J~/' rY'~ Lire ~-G •~.4' ' j , ~ r rY .i •v, / : i •r~.:vf rGCL." ~ Gi' ~'a-G~i. ! f rr ~ / ~ • r M. / , r. LAY , ,ya.' s..I w i. 11 j:%/..r• .•.l';'• Y. w -I~C.1.~ _ Y~ LF sT it e t A`~~-';r{r~rr' ~fl~^~ r' / 'fir,'. ~ti~:✓:'~ ' `'~~-"j r f ..f,`i~.. ! ,.r Vl i I 'j ,.'y I ~ .i'rI1 . ii .r. itiL i. i i ~ . ,I of { ~ ♦ ••S✓7 ~ / ~J i L i I i , 01 G ~ t i 1 70 7 e 's Fyn 691? ~ -7k JL10 0 h i eal ti A4 all Z4 41 ~ ~ ///may/''. ~ `c~'~° ,,;1.., i o-~- ~Il c=,z-c. i 1 M kJ,Cf e o s l.., 'J 0'•0.": ~~.19 ':'2'. LC3 +t^: A...',1:. .'.~1.;. ',J :~_,.Y: ''QQ'~ ^.l._:3 +S• - 1)C7..1"1?'; co dttio:lz '1 i -i- 1V' t~1? 'a `.:1~~a. L"s:~ Oi 1 i1"1~~.?":tt t'. T::i:: 0L h f c 21C::~ ~~„~•3 p,J •.rl n.?i'Y n, Jt r ff -3 L L '1 :r~'•11 .:.1y :f ~'t 31t)~ ~ '1 °Ic~ l: v7,' •J^.1 in,~'i: G' ~_l'? i r." i~~i«Ji'i tJ 'I r iyiJ. tt l y1i' ,1•y t V! 1I ( a Planning ani toning Commission c/o Community Development Dept, Municipal Building E, McKinney St. Denton, Texas 75201 Refs RePlat of Meltons at cor, of Lindsey and `'endolph Subjeott Proposed Reconsideration by PuZ G entlement Since I may not be available on 19 March, I request that this be included in the record and read at the reoon- sideration proceedings if they are held, I rm presenting this specially and not generally, in order to suggest that the reconsideration of this matter may not be prooedurally proper, coming at the time it does, and after adoption of a recommendation for approval. I suggest that approval of a replat which oonforms to municipal ordinances is a matter of right on the part of an applicant and is a statutorily-imposed duty on the part of a commission and/or governing body, See Revised Statutes 974a, part d}, I suggest that the Commission acted properly in approving the replat at its previous meeting, Approval of the side-yard building line shown on the replat was discretionary, and if reconsideration were pro- per, a confirmation of the prior approval would be appro- priate since it will result in the same side yard as the house across the street and lack of such approval may result in a conformin structure differing significantly from established nolghborhood architecture, For the reasons stated above reconsideration should not be made but if it is, the prior approval should be reaffirmed In all respects. Respectfully submitted, Ti, g, ideiton Jr. 15 March, 1960 riEicIYE:O MAR 1 ? i52, r, i REPLY FORM r 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. If you desire to express an opinion, please complete this reply form and return it'to the following address by -March In toad City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way effects your rights to attend the public hearing and we encourage all interested parties to attend and comment if the~► wish. If you have any questions pertaining to the case, please call,the Planning Office 4tt• 566-8350. REPLY RECEIVED MAR 1 2 1980 I am in favor of this variance, I am opposed to this variance. My reasons and/or comments are as followsi 44 ea 171 1 , ~C4iL X~ r,Si tore 7 o • Address ISII « e 6j 1DUAA.' Phone No. • k .:a h REPLY FORM Case No. BA-1903 This Board of Adjustment would like to receive your comments on thia -case in order that they may make a better informed decision, If you desire to express an opinion, please complete this reply form i and return it to the following address by march to. lgao 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 lit. $66-8350. RECEIVED MAR I t 19AO REPLY ( ) I am in favor of this variance. ( I am opposed to this variance, My reasons and/or comments are as followsr d . 9.,~ fl ' j U' 01 A." .[Ld. ~Q.Lig- 1YYAAf~..rC2'M~R' ~a_,~ ~~1_ ~7: ~ii~~. ~ Q,• ~,,.t:.,.a~,u,L $ig>!sature 'f;~~., .l~d',~tf-,~ ~Q Address 'n Phone No. t i i - XJ:VLY FORM Case No. BA-1203 j The Board of Adjustment would like to receive your comments on this'ca9e in order that they may make a better informed decision. y f you desire to express an opinion, please complete th and return it*to the Sollowing address by this reply farm i City Planner Municipal Building ' 213 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, than planning Office Itt,566-8350, . REPLY i `BAR ~ 198 1 Y am in favor of this variance. 00 I are opposed to this variance. E My reasons and/or comments are ns follows: let F G ~ ~ Aox Ad X,4 r Signature Address `,v / Ei/// , phone N I i9tii3 / n. .f /f,o Tic .u ~~,p=Sc .e/ T ip )v 1'~ de uN /eeiVe)[L~N LIZ A) r '/`'/.~•"'c'~~ cv'// 7"Hr F~~Gi: C` ✓/1Cbn;ption. I `Ttn: 7'f.~ r o;%~~it to r, r S~ >G /~t'F, ~,~:s r T~~i~! y'//c° Gf=/=i c:= <X I ~ TyC r sf.~.T,L/1•4~ t.~.fe~' /1 /nri M Lo, M Fo w--1 Fc r!`.o G't /-r- LI, oz /Ji1r.r~ L'~.~• fe V T a 1u i L L s tUl,•c:.) . s CIA e' '/L as /G.a~7<<l NE a~ /J Cv.c. S/sf ~.i. c y ~NIr} /'~rofc~c•J'' ?.pt s [rv7` ~"`~.,,i.r F G WN•' ~ ~ ~Ca~e-.L~ f ~ ?'ate a~ G'f.vs ~~l c. alria~.~• j.L/i1 Gc.a✓C/~ J1t o= G f' ~ c•..'S~~ o~A rTL ~ CG'.+L,c/~ /y ldn %?i Li I~.rr. 1 t 4 1 4 [f i F i i r h, REPLY FORM Case No. BA-1203 The Board of Adjustment would like to receive your comments on J this-case in order that they may make a batter informed decision. If you desire to express an opinion, please complete this reply form and return it to the following address by MArch In Loan City Planner Ir 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. Y If you have any questions pertaining to the case, please call,the Planning Office 4Lt,566-6350. REPLY ( ) I am in favor of this variance, x ) I am opposed to this variance. My reasons and/or comments are as folloiasr (see &t*& hWd• letter) Signature Imo`. _ Address 1610 Kandoloh Phone No. 382-2035 (home) f88-2403 (o ific+ i I a 1510 Kendolph Denton, TX 76201 March 3, 1980 Mr. Charles S. Watkins Development Review Planner Municipal Building Denton, TX 76201 Dear Mr. Watkins: diagonally across wife and I intersection own a from the house Mal 1510 Kendolph thas We both object to the petition of Mr. R.B. ,Melton, Jr, request- ing a ton property at 1605 xendolph 5 foot side yard setback variance for a proposed house at 1601 Kendolph. In the first place the the intersection and wouldpcausehautraffia hazardobylblocking the view of drivers entering the intersection. a the new houses being built on Willowood, there will betmoreltraffic. In the second place the lot in question is very long and narrow with a row oe large trees on the south aide 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 it f rent chat the houseowould not.be W for swse do tshiat he would either live party in the neighborhood, we do object to rental propertylmanaged Sr. the Mhisonso particularly R. B. Mheroho Jr. Since Mr, and wife bought anoLouse acs have been renting the house at 1605 xendolphf bothstheohousedandl the yard have been in a state of disrepair even worse than before their move. The corner lot on which tho built is continually overgrown with Woods andobriareuselnsfactbe p one woman in the neighborhood took it upon herself to trim the bush at the corner of Xendolph and Lindsey to give better visi- bility to drivers turning the corner. We understand also that the present rental house is maintained by R.B,,Jr. and that whatever maintenance done is of the patch and piece variety, Fourthly, Mr, Meltor„ Jr, indicated to us that he wants to build the house himself. He had hauled in a number of scrap items and stacked theta by the old barn behind the Melton house, which i , 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 house? Are the used plumbing fixtures for the house also? Mr. F Melton's dilapidated pickup and homemade cement mixer are more appropriate to the rugged individualism of the frontier than to modern suburbia. Finally, Mr. R. B. Melton, Jr. indicated to one of the neighbors that he hoped eventually to develop the large plot on Xendolph 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 SF-7, which evidently requires a certain size lot and house. Since that property is about 275 feet deepp, Mr. Melton suggasted 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 doath to a quiet and beautiful neighborhood, Because Y teach a night class in Dallas at 6r00 on Monday nights, i will be unable to attend the hearing. i certainly hope that your Board of Adjustment will not grant this request. Sincerely yours, CharleB. Mart~n Darlyn D, Martin x Y •t F - REPLY FORM Case No. BA-1203 The Board of Adjustment would like to receive your comments on this ease in order that they may make a better informed decision. If you desire to express an opinion, please complete this reply form I and return it to the following address by March 10, 1980 i City Planner Municipal Building ( 215 East McKinney Denton, Texas 16201 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 tho case, please call,the Planning Office jLt,566-6350. REPLY I am in favor of this variance. (y) I am opposed to this variance. My reasons and/or comments are as folloias: _ j r r Signature + Address X(A Phone No.~... I - ~A- f2o3 1601 Lindsey Street Denton, Texas 76201 RC21;V»~?i't 7 ~04 March 3, 1980 Mr, Charles S. 4atkins Development Review Planner Office of Community Development Municipal Building Denton, Taxes T6201 Dear Mr. Watkins,' R. B. Melton, Jr. has spoken to us about his request to replat the corner lot located at Lindsey and Kando,tph, Although we are not situated near enough Mr. Melton's proposed building site to receive a notice of his variance request, our lot adjoins the Melton property on the Lindsey 6treet aide, and we are concerned about his plan to build to close to the corner. Because of limited streets in this neighborhood, both Lindsey and Kendolph carry more traffic than many residential strestsl traffic is likely to increase as new families move into the area now being developed south of Willowwoods The land on this corner slopes up sharply from the street, and for sometime overgrown shrubs have made it difficult for those of us who live in the neighborhood to sea around the Melton corner. Mow much more our vision will be limited if a house is built a more 20 feat from the street, as Mr. Melton has pro. poaads Clearly, the Meltons are trying to get as many lots as possible from this land, While we cAn appreciate the financial advantage this would afford them, the recent trend in this immediate meigh- borhood his been toward larger lots. In the past five years three houses have been built on If acre lots adjoin ng or situated very near the Melton land. Mr. Melton's plan to build modest rental units on small lots would certainly not enhance the property value of these homeowners. Wo have no reason to think that ad- ditional rental units would be better maintsinad than the property surrounding the 16GB Kendolph hours, which the family now rents. The land is seldom mowed garbage which blows into the shrubbery remains there indefinitaly, end an old barn is surrounded with an accumulation of boards, plumbing fixtures and 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 units, we hope that lots can be kept a ressonabie size, and that a house will not be allowed only 20 feet from Lindsey street, blocking the view at the Lindssy/Kendolph interractions Thank you for your consideration of this problem. Sincerely, Mr, and Mrs, A. xilliam McCarter 1 REPLY FORM ~ Case No, BA-1203 The Board of Adjustment would like to receive this case in order that they may make a better informed decision. If You desire to express an opinion, please complete this reply form +I' and return it'to the following address by • -~Gh_1 D ] Q8D City Planner j Municipal Building 215 East McKinney Denton, Taxas 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, 566-8350. REPLY X) I am in favor of this variance, I am opposed to this variance. My reasons and/or comments are as folloi+s: A well-planned house on an attractive lot Signature ~ Address R' Melton {Sr.) 81 Li 1t.yn.,.1 • Dr en on Phone No. 383-3391 t I REPLY FORM ' Case No. BA-1203 The Board of Adjustment would like to receive your comments on th-ts•case in order that they may make a better. informed decision. If you dasire to express an opinion, please complete this re l and return it'to the following address by p y form y Ma rnA In Teen 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, 566-6350. REPLY i am in favor of this variance. x am opposed to this variance. I My reasons and/or comments are as folloWOa i Signature Address j 509 / r~ Phone No, ~j~f Z -Z C02 k April it 1980 CITY COUNCIL AGENDA ITEM SUBJECT: Consider Final Payment to LVIFW 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 completed to the satisfaction of both cities and LWFW, Inc., has submitted a request for final payment (see Exhibit I). FISCAL SUMMARYt 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 744 of the costs, while Denton will pay the remaining 269. Payments to date are as follows: TOTAL COST DENTON SHARE DALLAS' SHARE 4 Payment 11 $10,742.66 $2,793.09 Payment #2 $ 6,311,26 $1,640.93 $7'944.57 Payment #3 $4,670.33 $11,422,44 2L969.83 - SB,452.61 (final pmt) TOTALt $28,476.36 $7,403.85 $21,072.51 SOURCE OF FUNDS: Budgeted Funds (Account #04-50-85-02) ACTION REOUIREDr Authorize final payment. STAFF RECOMMENDATIONS 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 $20969.83. Respectft.lly, 4 R. E. Nee son Director of Utilities EXHIBIT Ir invoice . INC. MANAGEMENT CONSULTANTS Dallas Houston - Austin } STATEMENT February 11, 1980 r Mr. Chris Hartung City Manager City of Denton 215 E. McKinney Denton, Texas 76201 AUBREY - FINA14CIAL FEASIBILITY STUDY January - Professional Fees $10o18l.25 Expenses 1,241.19 TOTAL $11,422.44 FINAL BILLING E 7 i 12700 Park Central, suite 1805 Callas, Texas 75251 f214)233-5561 CITY OF D£NTON 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 111. 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. 1 FISCAL SUMMARY: 519056.19 is available from the Street Department to cover this expense. ACTION REQUIRED, Council needs to recorr.,end approval of Payment. h ALTERNATIVES: I Not to pay the amount of $19,156.19. r li` STAFF RECOMMENDATIONSt The staff recommends approval of payment. j EXHIBITSt 1. Memo to G.C. Hartung 11, Memo to Rick Svehla . ' j CA~ 'Film I p CITY OF DENTON MEMORANDUM TO, G. Chris Hartung FROM: Rick Svehla DATE: March 27, 1980 RE: Overwidth Pavement to Claude Smith on Kings Row i Attached Is the memo from Greg Edwards showing quantities that we r need to pay for. The original estimate was about $18,500.00 dollars. The extra amount of money is for a small amount of additional paving that we asked for. Funds are available from the Street Department to cover this expense, ~ R Click ve 115a b CITY OF DENTON MEMORANDUM I TO: Rick Svehla FROM: Greg Edwards l DATE: March 24, 1980 RE: Overwidth Pavement on Kings Row Claude Smith Paving and Excavating has completed its construction of Kings Row adjacent to Kingston Trace Sections 1, 11, and III. Tha 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. The quantities are as follows: Item ~i Unclassified Excavation 20 C.Y. $3.25/C.Y. $ 65.00 Concrete Curb acid Ater 40 L.F. 4.40 L.F. 176.00 Concrete Drive Approach 204.4 S.F. 2.00/5.F. 408.60 Lime Stabilization 1,625.55 S.Y. 2.25/S.Y. 3,657.50 1 112" H.M.A.C. 11594.44 S.Y. 2.55/S.Y. 4,065 83 4 112" H.M.A.C. 1,594.44 S.Y. 4.85/S.Y. 7,733.06 1" extra depth H.M.A.C. 3,050.00 S.Y. 1.00/S.Y. 3,450.00 SSJ,156 19 We have verified that these quantities have beery installed and that we have ir.spocted the construction and tested the materials to assure our- selves that the improvements were installed in accordance with City or r Denton specifications. We have received the tine year Maintenance Bond and feel that the payment to Claude Smith Paving and Excavating should be $19,156.19. J April 1, 1980 CITY COUNCIL AGENDA ITEM # SUBJECT: I Consider Participation in oversize 16" Waterline along IH-35W. SUMMARY: 1 Bob Jones, a local developer dba/JJ Construction Co., is developing a site on IH-35W (See Exhlbit I). The City is requiring the 16" main and will participate in the difference between the lb" and 8" required to serve Mr. Jone's development. FISCAL SUMMARYr 3 Low Bid Cost of 16" Line $37,518.10 $26.99/ft. Cost of 8" Line $19,794.00 $14.24/ft. TOTAL ^OST TO CITY $17,724.10 , Source of funds: Bond fund projects included in 1979-80 Capital Improvements Plan. ACTION REQUIFh'D: Approval to participate in oversize 16" waterline. i ALTERNATIVES: 1. Participation in the oversize line. a 2. Do not participate in the oversize line and allow Bob Jones to install and pay for r,n 8" line. 4 STAFF RECOMMENDATION: The Public Utility Board recommends the approval to participate with Bob Jones in the oversize portion of the waterline. Respectfully, i R.E. Nelson Director of Utilities EXHIBIT I Map II Participation Agreement 111 1979-80 Capital Improvements Plan s II 1 W / i ~ ~ Y pj N it 29.411 ac.. ka ` / tJ {era's ~ itr • f :.fir 'r.~~/ ~ / :1 i /y/ .1• ,lea 'I I ♦ y / PARTICIPATION AGAErISET~T 'THE STATE OF TEAS X KNOW ALL MEN BY THESE PRESLTNTS t 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 r , olfaite water facilitiest and, WHEREAS, The City of Denton desires that such offsite water facilities be oversized acid the City will participate in the additional coat of the oversized facilities pursuant to the provisions of Section 25-74 of the Code of Ordinances of the City of Denton, Texasl NOW, TSSRBPORE, THIS AGREZ14ENT, made this day of by and between Bob Jones 19 , Denton, Texas, hereinafter called "Developer", and the City of Denton, Texas, a ` Some Rule municipal Corporation of the State of Texas, hereinafter called `City"i WITNFSS=s i 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 maps which are made a part hereof for all intents and purpos*r. 2. The City's share of the estimated coat of said water facilities is $11,724.10 . Upon oonr+etion of construction and acceptance by the City of said water facilities, the actual cost of the City's 1.,.6-tieipation in said facilities shall be determined and certified t` to by the Director of Utilities and his certificate setting out the , City's cost of said facilities shall be attached hereto and made a part hereof. 3. Th7- 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 Developer, its officers, agents, employees, invitees, eootractors or other persons with regard to the performance of this contract, and t Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. IN WITNESS MMMOF, this instrument is executed in triplicate orillf"I s this day of A.D. 19 CITY OF DERM, TEXAS BY ATTESTi BROOKS BOLT, CITY SECRTARY CITY OF DWTCN, TEXAS Bob Jones I DBA/JJ Construction Company BYt ATTESTS { RIBLIC UTILITIES WATER t SEWER 5 YEAR CAPITAL IMPROVEMENT PROGRAM 1979-80 Sewer Plant Expansion E2,115,000 Hickory Creek Interceptor Step (11) 380871 North Lakes Park Water line 40,000 North Lakes Park Sewer Line 40,000 Oversize Water 11no 110,000 Oversize Sewer Line 110,030 Rockwood Street :ewer Line 15,120• Cordell Street Sewer Line Cordon Street Sewer Line (Hwy.380) 64,260 Hlghiand Park Road Water Line 27,540 Kendolph Street Water Line 40,060 Cleveland Street Water Line 29,700 Audra Lane Water Line 68,360 Wester-0 Water Line Ib8,480 'Water Taps, Loops and Meters 43,200 "Sewer Taps (253,405) ( 68,120) ) Lift Stations Alarm System (321,525) 180000 Lift Stations Backup Pumps 100230 Lift Station Portable Pump _ 11, LOO "Community 'Development ProJects 32,900,56! A. Crawford Street Water Llne ( 35,000) y B. Wood Street ( 350000) C. RuddelI Street Water Line ( 3`.000) D. East Oak Street Water Line ( Io,250) E. Vine Street Water line ( 35090) F. Bradshaw Street llater Line ( 36,800) G. Daugherty Street Water Line { 380700)- 11. Vine Street Sower Line ( 29,700) 26 , 0) 1980-81 Sewer Treatment Plant $ 194,722 Hickory Creek Interceptor Step (111) 102580800 Oversize Water Line 1(7,000 Oversize Sewer Lint 117,000 Elevated Water Tank 585,000 Normal Streot Water Lino 35,100 Windsor Street Sewer Line 93,600 Haynes Street Sewer Line 14,040 6rogg Sfreat Sewer Line 14,040 ,facer Plant Pump Addifion 92,bOJ 'Watf,r Taps, Loops and Metn*s (I970(14e) T1, 521,902 #Sewer Taps (2,970) Inrn nt ul )1D_C611L~1[ [~%!G''r1~Ge '7>l~u~r, ~ )PEN ~~L T#R a 6DOR Efi o~It' _ E €F V~FiTib V~ V>[F" V)R[~ii- I`fJ~f` n oco 1o - ~sa;s o-►s 7 6o4 USA) - a L~_ $9do y7n,'tl /I71v ° I ; r, let-, r. f 'MMORANDuM DATE OF MEETING: April 1, 1980 AGENDA ITEM: Bid 98748 Pickups and Van SUMMARY: This bid is 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 1/2 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 invo in the poolthirteenand anddonlyddepartmental buded get funds for the fleet additions. Motor Pool account 906-00-67-07 $ 39j407.36 Budget Fu%ds Capital Expenditure 64 49.73 Total Purchase X103,857.09 ACTION REQUIREDt Approval by council and award of bid. ALTE____ RNASI None. STAFF RECOMMENDATIONS: We mako the following recomwendations. Item 91 to the low bidder, Denton Datsua for $10,860.00. Item 92,4,5,6,7 to the low Sidder, Banner Chevrolet, total $85,792.05. Item 93 to the lowest evaluated bidder of Banner Chevrolet in the amount of $6,903.72. Bill Utter Ford has bid a price that is $1.23 lower, however, the Chevrolet bid includes 8 ply 8.75 x 16.5 Steel radial tires and the Ford was bid with 8 ply Nylon 8.00 x 16.5 tires. EXHIBITS: Tabulation sheet. Tom D. Shaw, C.P.M. Asst. Purchasing Agent DID f 8748 DID` Pickups 6 Van Banner Bill Chester Denton Chevrolet Utter Morris Datsun OPEN- 3/25/80 2100 pm _ Ford Chry-Ply ACCOUNT M QTY. "CIPTION---' VENDOR- VENDOR -VEWD-0--- -VENDOR VENDoR V VEM EWOOR- ton_economy 22 430 00 -lit 79 36 _2, on full size fleetside P.U. $5,435.53 5 596.9 t n flleetside ai,ESjpBAT,AC $6.903.72 $6.902.4c -A. 4 314 ton fleetside gickuo 6 14 6.4 _ --5- tit 214,09 _Sfi4256.], I 111A 3, ~+n cah 6 c nn Vae $6.325.02 $6,926.5 7 237.67 8 palivary 45 days A3 days 45 days .45 days, _ r 1 I i i r 1 f CITY OF DENTON MEMORANDUM Dates April 1, 1980 Agenda Items P.O. 042187 to Darr Equipment for repair of our equipment 9936 Ssuearys This Purchase order is for the emergency repair of caterpillar 816 compactor used at the Solid Waste Landfill - to recondition the transmission. j The work has been done and the equipment is oper- ating now. Fiscal Summarys Budgeted repair 08-03-83-43 Alternatives none Recommendations Approval of emergency P.O. 042187 in excess of $3,000.00 for repair as shown on invoice 0061213 and attached. Exhibitas P.O. 042187 and inv. #061213 tubmitted Sys John J. Marshall, C.P.M. Purchasing Agent t: i 1 a CITY OF DENTON, TEXAS PURCHASE ORDER NUMBER 42187 6111262.601 D/FW Metro 261.1042 VINDoe NO. GATE 2/8/80 uo NO. TEM11 NET w.o. No. Darr Equipment DELNM GATE ACCT. NO. 03-98-87-10 P.O. Box 20737 SINF VIA Dallas, Texas Tot CITY OF DINTON Vehicle Maint 804 Texas 5t, Denton, Texas 76201 ITEM CITY STocx Numse DESCRIPTION OUAN. NIT PRICE AMOUNT Rig q 9936 Repair Trensmieaion Cli ;e C I• L^^ OFlIrIC,f f, L., 0,' 7, 1F 2+15 l62J1 ~T, ra aoR~~;c~. OW ►.0, NO. ON ALL SHOHNENTS, OELNEItY MxETf, INYDICEf, ETC.. 6EN plypCEf M DUPLICATE TO AC SHOW COUNTS MYMIE. THE CITY Of OENTON, TE11A5 If jXIM" FROM BADS TAX AS NR NOUNS SILL 020, THE CITY OF OENTON Ia MOHISITEO FROM FAY1NO FOR MERCHANDISE SEFORE IT IS RECENED. ALL SHIFMENTS MUST IS F.0 S., CITY OF DENTON, TLU,S. DIRECT ILL INOUIRIES T0: CITY OF DENTON, PURCHASING DEPT. 216 E. MCKinney By Denton, Texas 76201 FORM NO. 011210 I]JIDARR CUSTOMER'S COPY EOUIPMENTCQ REMIT TO: P.O. act 5552 006060, Tali 76265 •214/576-2000 CITY OF DENTON N PE ACG0.MRIAMR 6notaMAM7R An ATT ACCOUNTS PAYABLE 214750 061213 3/11160 215 E MCKINNEY TERMS. Nt M ► X. 106 3 WPDrp MIT, PA$T DENTON TX 76201 WT A~~y1N~P ea hu nr6. ~~ICm.n to . I~ P~AR LN DAWL A9 wI aAAU csI.OAM/9 pW1 0~ p:V%10 in Dino =ty T1911 nor.OR •ME D1 69a ALL COAR66PONDENCE TO: P. 0. INOX 20737 OALLA6, TEKA6 76220 SEE CAT QUALITY IN A SMALL PACKAGE. ASK YOUR CARR NAN ABOUT THE 010 910, 931 r 00013! 1 12111 J71a10 3/07 016 57000621 ENGINE MODEL 3306 ENGINE SEA UL NO 3444730 ENGINE ARRANGEMENT 4N7370 MACHINE ARRANGEMENT 3Y 910 AUTHORIZED BY JAMES BISTICK NO 21319 - TROUBLESH Y A r4 1 METAL EMa CLEAN MACHINE y~ r All R It 1 TRANSMISSION COL-RTE.R 4 IN9P- BOx 2 1ASS22 CAPSCREM ,0WY~ 8CH .36 472 1 A 394'501 LOCKYASH O Lot .09 •40 2 104719 NUT y; 3N~M, , *At .05 410 2 4K7502 BOLT ~ j~ 7 1 4KGS16 iNDICATO ~.i1~'~"16rl2 F, i C1~ 021 012 090 22673 22473 1 A 591770 SELL 0 R SNP 4.00 4000 ITEMS NOT SHOWN ARE BACK ORDERED at "I NNrr! °A" r. MMrA- WON AN 161 Ryl w werR.r+a RrOys or /carry ht N N i W4Mm W N rM/r WMF 10 Mf % g nrk *1 00 go wi N A. N if urww y1e4 tyro, fa dwmw Aaf"H "Al M RAW • 10 dt" TOTAL r IDIDARR CUSTOMER'S COPY EgU1PMENTCQ MAT TO: PA sox 366l,Danes, Tomas 76266 214/610-9000 I A Ap..DW► tAA`IA tYY011,'j AAlt1U CITY of DENTON RAIL :14NT[[SPPO7fpp 1~tt Cp77(~ 006121) 1 3/16/10 1 T[IIM6: tDU[af AC~UnNdpTl6 wM I~i ~Allairy DAIL4.S. wd1A1 n0T 7AR W DALLAS wA be erfdtld YN c t? of eoAfa !0, AA plYm/ntt proridf0 S, 11.1p be i DAt1h~f h ~Aff County, Ttus, law ALL CORR[S►ONDENC! TO: O. 60% 20737 PACE 2 CALLAS, TL11A3 76220 A 42117 JT$5$0 3/or 616 STU44621 0LT 033 4*44 4.40 8 CAL 10N 01L BCN 02! •58 CAL 1011 al 1270 7030 1`.50 OAL 32x0 s.e0 5.00 738 0 27.50 Mesa eoNO TRANS CoMV : fi~ P sox: W, 450$ l01KWASN N LBE •O2 20 6 783239 CAP 3CAE • 1 $86599 PLUG OCCK 421 1.25 4 12 12 104717 NUT 11.02 11.12 700691 WASHER 764$96 NAT .12 1$ MASHER #t.": NAT 1.16 13•92 1 1M6112 BACATMEA ''prc r WAT 2+0$ 37444 2 9M3249 BEARIN4 7 ~ p.tr, 211 243 2,63 2 2X9092 4104 y'~ •'r A`:• iS3 X2040 9020 1 3K0196 GUARD 099 1.91 6 401 1.21 1024 l 4E AS NOT SHOWN ARE JACK OAOERED BCH ~I m1r1IA "l' If nea-WWOW AA 11 myfl N K'IOn111rtl4 111 A Nf'•A+6 *w of N N mW ewMtlee W N mf4 *f" q ate : fit M M raw"d PON CMhr Aw OMM61t 11n mwt N mW wld* q yra TOTAL 1 I]JIDARR CUSTOMER'S COPY EOUIPMEN T CQ REMIT TO: P.O.101 3552 Donee, Texas 76206.214/570.2000 AuOWT MMMR Nvaa MAaMR DATA ' CITY OF OENTON 214750 041213 3110140 TERMS. "4 A10C~1R074p.~M 01~ S NPODINO 11 POINT. PAS; 1 W PAR MC ands A a PA RA O}LA7. VurWdo NOT PAR W 0A14A3 waiig b• a06tod w16 e4f o G014atbn Al p~mMy1 OrOV'd•d hu•On M•1 be be 0 M Dllai OuntY. T•lla. $$N) ALL CORPSIPONOENCI TO: D. 0. 106 20137 PACE 3 DALLAS, TEXAS 7ait0 I- 004839 B 42167 J7s880 3/Ot 816 S7U0062] 1 9N9740 ELENEN; 033 4.46 4.48 1 1P4231 PUN? C PBR 40206 402036 1 IP3450 TORE YAE 104061 164.61 4 A 3PTO64 SEAL SKF Za27 goes 4 031619 CAP sCA~ 3,`s K3"~A x e BCN .24 496 1 313440 SPRING,` MAd 1631 1451 1 435824 RETAINER , RBA 1102 11.32 1 456394 SCREEN 4~ ` a 081 11.0? 1 436603 TUBE A At**? ] i Most CASKET R i1 pp1 TAI 73.N T3.6! ]Iuz ' GBN 32!-139 32949 2 954191 PLUG p,.. 1~r1 Psi 4011 1.22 t 1T0205 RING' 093 49 4f 1 110210 BEARINi tw* 016 16.96 160!6 1 1TO234 RING 3'~v. IT r.~ a~ 093 1609 1.b! ] 1T1016 CARRIER tb;✓ EA.: !.S T 'rr7J'.~,ea99 206490 206890 1 ]T]O56 SHAFT 495 131016 ist.16 ArPLAEr TRIA131instay an COOLER ITEMS NOT SHOWN ARE BACK ORDERED nr marled " r• n fliw@W AI renaea M.1 bl wewp AV00A w twWo oil. be In NN eeft"41 Md N mW 1= f0 blv.vMa IL owdim e nw be M04 be ~ .wMb&a w+~ev re dead ewme +or e.wg• TOTAL r.~ rr~ row.... yr r~..r r r r wr «r w r.....o rr ~.....r........,...a..o.. v j]jjDJ%RR CUSTOMER'S COPY EOUIPMENTCQ n1NUT TO P'O' 0d1 3661.0166n, Tom" 76216.214/670-2000 t Wi dNYOtCi MLNII _ CITY OF DENTON ACCr>law n~ bal i 21 4160 qp oil213 3/la/a0 S. ~14 I rt ABC UMrTb~ F.0.1. S"PINO POINT. FAST urW when V: i4AII °o1rt4 wME'~ PAR N AALLAS oil Et cr/dcod *I$ dCt of tog :eqliNon All n Dena D1 tMnt1 provided hp 181 et~IN L41 Per Croantr, Tnu, 1 PAGE$END ALL C0APfv wNOe To.. 111. 0. Box 10?3? DALLAI, TEXAS 1522o 001839 8 421sT J7e710 3/07 eib SiU00b2! 2 e 4F745 3N13:1 RING 1 1 1 RING SAE •35 1.10 1 i 3J1l07 SEAL SAE •3i •47 2 A SN4141 GASKET ! SNJ 035 2 i QNS2bi SEAL Q 1 'F ~'n 1 GOL off 1.71 1 5N913 1 CORE A 0t~ SKi 11618 7055 5 11 0200!00' GAL CAN 420.94 420.44 X511 rre E 1240 SEN 11616 2!1•!0 REPAIR STEERING CTLjM AA ~S INSTALL NEN SEALS 2 A INS126 SEAL•0-4 +~=A, ta- 2 2J3950 Nul a .,y ,a rs SAE 1.24 2.40 2 A 3J5407 SEAL A y.r~ns, MAP 81603 17.55 2 t 3J0200 SEAL M JJA3N2 10.81 71415 3 i GJ6017 SEAL Pf0 10032 70064 2 t IKifal SEAL 6SFPA V ~'1•s„~~tftY 5.44 1942 2 2Kf030 RING 029 216t9 4050 fi RIN1 MAP 3.11 b•34 ~r "O1ie 40 "P1Ye'W^+. u n une mall w wdeeDrwd M6 NOT 6F10WN AR1 6ACK OR0IAED a.._ nrree r /eYy bl, w r een•pe IM w TNe *vla, q dre _ eeM16,F enr16e w16 w r.id1 do Y nhr1" Ye," C4Yn1 tr drape ,n-ty.e inn.t w Wale MMb 4 Yre. TOTAL I I 1111DARR CUSTOMER'S COPY EOUIPMENT OO REMIT TO: P.O. Em 0152 00804• Tests 75285 111/6/0.2000 Au01JNl fAddlM - ~ ~MYpC3 MA~ OATS ,.:-ry CITY OF OENION 211150t0T MCC 0G6l213 3/13/60 TERMS. ACt~~',,'~TFS 64W Ins SWPJNO POINT.. tPAST1 ~Td PAR N pAt.I wN fA" a +p"d lost toll a ttldtt'rom As ptymtnU Oiovlded Wean shop be ►evt In DAA,/ Ceunq. Tnet. SSNO ALL COME6►ONDSNCE T0: P. 0. BOX 20707 PAGE 5 DALLAS. TEXAS 13120 004639 a 12161 J1essa u671816 57000621 2 I►1571 FLANGE IAL 1.016 3052 { 6 A SPOO93 SEAL 029 2.05 144+10 1 GAL IOV OIL 121,0 7050 1.0s0 TRAVEL TIME LAiI R 4 I IRAN! ISS16N.t a 3052 925600 RECONO TRAM doxv 4 ek ~ 3052 619000 OTHER LAIOV` rte' Mesa TOTAL 60", s; y 2,i5~.36 1 MISC. HARDMAN ,INIRit ' ' ,•r+y* 6.93 SL"oRv IcE5 ITEMS NOT SHOWN ARE BACK OROEREO Is mlrll/ "1" ♦e nen"em"" ALI #0,m most w am "o, 4,041 M dn1A4 All. w M"1Mdtlell IAd M mob *nhm 10 dNyl :Wt" ~ Aw1 be eVS ~w" q YIN Ifft0r4d yl. geode G fa dA~nAre TOTAL .r.--r r.. ~....r.....~..~rr..~.......rr~_-~...~....r .-.~..-r.r ~r.....~. r... w....r.~rr I City of Denton Memorandum April 1, 1980 Agenda Item: Consider the final replat of Owsley Park Addition. 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. All subdivision requirements have been met. Recommendation: The Planning and Zoning Commission unanimously recommends approval of the replat of Owsley Addition. The Planning, Engineering, and Utility Departments have each reviewed the replat and recommend approval. s b Action Required: a The City Council should move to approve the final replat of Owsley Park Addition. Exhibits: A. Memo 8. Map ~ t i IF ~ry 1 x--25 ( EAST 100.0' l I r y I II LOr S 8i-OCK I 13 I k E I f F N II n !i O If , ; I S I r e NEST }00.0 s ~ ~ j ~REI1~+ NTSU it ~ t^_ __T { 9 2 al4sra ` - ~I i a F~ I City of Denton Memorandum April 1, 1980 Agenda Item: Consider the final replat of Schmitz and Ripy Addition. Summary: The property owner staks to replat lots 7, 8, 9, and part of lots 3, 40 S, and 60 Block 8, of Schmitz and Ripy Addition for the purpose of constructing an apartment building. 411 subdivision requirements have been met. Recommendation: The Planning and Toning Commission unanimously recommended approval of the replat of Schmitz and Ripy Addition, The Planning, Engineering, and Utility Departments have each reviewed the replat and recommend approval. Action Required: The City Council should move to approve the final replat of Schmitz and Ripy Addition. Exhibits: A. Mpmo B. Map I I I YfJ h F { l1 91, !fb 0' N *fit I w F LOT TA i +YI BLOCK 8 t Jw „I .~r. b a 1 s ry ~t3f HOd T 2 X A 9 STREET f'r i ~ / 777 J~' . I i: Y• Y1I EN D OF FILE