HomeMy WebLinkAbout01-04-1983
Y ,
NOTICE OF NORK S6SSiUN I2L'Gul. lt~-, SP8C1AL CALLUD WMERGEiNCY MEETING
OF THE ~ OF THE
CI'T'Y OF MNTON, T i 'AS,
Notice is hereby given hat on the day of t ,
ty, the otio
City of Denton, Texas 1 to a work-`se-Mon • r gu 'special
called emergency1egA1ng at o'clock, inIn
the ~ oaf t ie~ Municipal aUi`f ng-located at
215 bast Mci. n Denton, Texas. 7'he subjects to be considered are
listed on the Agenda which is attached hereto and make a part of this
notice.
If during the course of tho meeting covered by this notice the
Board/Commission should determine that an executive meeting of the
Board/Commission, or a consultation with the City's attorney should
be held or is required, then such executive meeting or consultation
with the City's attorney as authorized by Article 6252-17 Revised
Civil Statutes of Texas will be held by the Board/Commission at the
date, hour, and Mace given In this nocic.e or as soon after the
commencement of the meeting covered b? this notice as the
Boa rd/Comm-1ssiori inay conveniently meet in such executive meeting, or
consult with the City's attorney concerning, any and all subjects and
for any and all purposes permitted by Section 2(b) through Section
2(p), inclusive, of said Article 62S2-17, including, but not limited
to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and
Section 2(j) and as marked in the attached Agenda.
Should any final action, final decision, or finr,,l vote be
required in the opinion of the Board/Commission with regard to any
matter considered in such executive mt.uting or consultation with the
City's attorney, then such final action, final decision, or final
vote shall be at either:
(a) the public meeting covered by this notice upon the
reconvening of this public meoting, or
(b) at a subsequent public weeting of the Board/Commission upon
notice thereof, as the Board/Commission shall determine.
On this day of, ly the original of
this instrument was filed among; thou 0tfic~1 records of the City of
Denton, Texas, and an original copy was posted on the bulletin board
in the main lobby of the Municipal Building of the City of Denton
at f;D o'clock, oil said date.
CHARLOTTE ALLUN, CITY ST;CRLTARI
CITY OF DEN'1'UN, 'I HAS
0214C
NOTICB OF WORK SES5 )N - bGUL - SPECIAL CALLED - LMERG6NCY METING
OF THE of: 'PHG
CITY OF DENTON, 'T'EXAS,
Notice is hog gby give i that on the _T - day of _
19 the o e
City of Denton, Tex will ho a work sass on - r1 gu a - special
called - emere is )neeting at 0/1" o'clock, m,, in
the of t ieMuiicipal But ng ocatod at
215 East McKinney, Denton, ['etas. The subjocts to be considered are
listed on the Agenda which is attached hereto and make a part of this
j notice,
If during the course of the meeting covered by this notice the
Board/Commission should determine that an executive meeting of the
Board/Commission, or a consultation with the City's attorney should
be held or is required, then such executive meeting or consultation
with the City's attorney as authorized by Article 6252-17 Revised
Civil Statutes of Texas will be held by the Board/Commission at the
date, hour, and place given in this notice or as soon after the
commencement of the meeting covered by this notice as the
Board/Commission may conveniently meet in such executive meeting, or
consult witit the City's attorney concerning tiny and all subjects and
for anyy and all purposes permitted by Section 2(b) through Section
2(p), inclusive, of said Article 6252-17, including, but not limited
to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and
Section 2(j) and as marked in the attached Agenda,
Should any final action, final decision, or final vote be
required in the opinion of the Board/Commission with regard to any
matter considered in such executive meeting or consultation with titre
City's attorney, then such final action, final decision, or final
vote shall be at either:
(a) the public meeting covered by this notice upon the
reconvening of this public meeting, or
(b) at a subsequent public meeting of the Hoard/Commission upon
notice thereof, as the~ Board/Commission shall determine,
On this ..~a~. day of /2 , i9 Yl~, the original of
this instrument was filed among thcial records of the City of
Denton, Texas, and an original copy was posted on the bulletin board
in the main lobby of the Municipal Building of the City of Denton
at o'clock, m, on said date,
II RLOT E ALLEN, NCITY S13CRETARY
CITY OF DENTON, T9XAS
U214C
AGENDA
CITY OF DENTON CYTX COUHJCIL
January 4, 1983
Regular Meeting of the City of. Denton City Council on Tuesday,
January 4, 1983, at 500 p.m, in the Civil Defense Room of the
Municipal Building at which the following items will be
considered.
530 p.m,
1. Discussion of proposed annexation of land including
the mobile home park under construction on the north
side of Robinson Road. (Z-1560)
2. Executive Sessions
A. Legal Matters - Under Sec. 2(e), Art. 6252-17
V.A.T.S,
B. Real Estate - Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel - Under Sec. 2(g), Art. 625217 V.A.T.S.
D. Board Appointments - Under Sec, 2(g), Art.
6256-17 V.A.T,S.
Regular Meeting of the City of Denton City Council on Tuesday,
January 41 1983, at 700 p.m. in the Council Chambers of the
Municipal Duilding at which the following items will be
considered.
7100 p.m.
11 Approval of the Minutes of the Regular Meeting of
December 7, 19821 the Special Called Meeting of
December 14, 1982, and the Regular Meeting of Dec.nber
21, 1982.
2. Consent Agendar
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
City of Denton City Council. Agenda
January 4, 1983
Page No
N
A. Bids and Purchase Orderst
1. Bid # 9051 Concrete work for Denton North
Interchange - final Payment
2. Bid # 9079 Riding mowers
3. Bid # 9080 Protective clothing and
equipment for the Fire Department
4. Bid # 9082 Airport substation foundation
5. Bid # 9083 Site preparation for Airport
substation
6. Bid # 9084 Installation of fence at Airport
substation
7. Bid # 9087 Windsor Drive Water and Sewor
Project
8, Bid # 9088 Installation of drainage
systems on Mill Pond and the
Service Center
91 Bid # 9090 Concrete and metal drainage pipe
10. Bid # 9091 Denton north interchange
(R.T.U.) remote terminal
expansion
B. Plats:
1. Approval of the final replat of Lot 2,
Freeway Park Addition
3. Reconsideration of the Dunning Subdivision plat.
4. Public Hearings t
A. T),.,s is a public hearing concerning the request
of Mr. George Hopkins representing Cauble
Enterprises Inc. for annexation of a tract of
land consisting of approximately 3.42 acres
located approximately 500 feet northeast of the
Interotate 35 - Highway 77 intersection.
(Z-1.552) (The Planning and Zoning Commission
recommends approval.)
i
City of Denton City Council Agenda
January 4, 1983
Page Three
5, Ordinancess
A, Inttroduotton of an ordinance institutin
annexation proceedings on a 63.89 acre parcel o?
land located along the east side of Mayh,ill Road
immediately north of the Andrew Corporation
Plant. (Z-1541)
B. Introduction of an ordinance instituting
annexation proceedings on a 111.72 acre tract
located on both sides of FM 1830 beginning
approximately 200 feet south of Hobson Lane.
(Z-1542)
C. Introduction of an ordinance instituting
annexation proceedings on a tract consisting of
approximately 121.12 acres of land beginning in
the centerline of Edwards Road approximately
1,800 feet east of Mayhill Road. (Z-1549)
D. Introduction of an ordinance instituting
annexation proceedings on a parcel of land
approximately 24,065 acres in size located
immediately east of the Denton Sewer Treatment
Plant. (Z-1550)
6. Approve the request of Mr. Paul Berry for
disannexation of approximately four (4) acres of land
located along the east side of Highway 377 just north
of Brush Creak Road. (The Planning and Zoning
Commission recommends denial.)
7. Official Action on Executive Session Itemes
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
8. New Businessl
This item provides a section in which to suggest new
items of business for future agendas.
05556C
AGENDA
CITY OF DENTON CITY COUNCIL
January 41 1943
hagular Meeting of the City of Denton City Council on Tuesday,
January 4, 1983, at 500 p.m, in the Civil Defense Room of the
Municipal Building at which the following items will be
considered.
5130 p.m.
1. Discussion of proposed annexation of land including
the mobile home park under construction on the north
side of Robinson Road. ('L-1560)
2. Executive Sessioni
A. Legal Matters - Under Sec. 2(e), Art. 6252-3.7
V.A.T.S.
B. Real Estate - Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel - Under Sec. 2(g), Art. 6252-17 V.A.T.S.
D. board Appointments - Under Sac. 2(g), Art.
6256.17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
January 41 1983, at 7100 p.m. in the Council Chambers of the
Municipal Building at which the following items w11.1 be
considered.
7100 p.m.
1. Approval of the Minutes of the Regular Meeting of
December 7, 1982, the Special Called Meeting of
December 14, 1962, and the Regular Meeting of December
21, 1982.
2. Consent Agendas
Each of these items is recommended by the Staff and
approval thereof: will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
City of Denton City Council Agenda
January 41 1983
Page Two
A. Rids and Purchase Orderss
1. Bid # 9051 Concreto work for Benton North
Interchange - Final payment
2. Bid # 9079 Riding mowers
3. Bid # 9080 Protective clothing and
equipment for the mire Department
4. Bid # 9082 Airport substation foundation
5. Bid # 9083 Site preparation for Airport
substation
6. Bid # 4084 Installation of fence at Airport
substation
7. Bid # 9087 Windsor Drive Water and Sewer
Project
8. Bid # 9088 Installation of drainage
systems on Mill Pond and the
Service Center
9. Bid # 9090 Concrete and metal drainage pipe
10. Bid # 9091 Denton north interchangt,
(R.T,U.) remote terminal
expansion
B. Platst
1. Approval of the final replat of Lot 2,
Freeway Park Addition
3. Reconsideration of the Dunning Subdivision plat.
4. Public Hearings3
A. This is a pudic hearing concerning the request
of Mr. George Hopkins representing Cauble
Enterprises Inc. for annexation of a tract of
land consisting of approximately 3.42 acres
located approximately 500 feet northeast of the
Interstate 35 - Highway 77 intersection.
(Z-1552) (The planning and 'boning CommisF..,i
recommends approval.)
City of Denton City Council Agenda +
January 4, 1983
Page 't'hree
5. Ordinancesi
A. Introduction of an ordinance instituting
annexation proceedings on a 63.89 acre parcel of
land located along the east side of Mayhill Road
immediately north of the Andrew Corporation
Plant. (Z-1541)
D. Introduction of an ordinance instituting
annexation proceedings on a 111.72 acre tract
located on both sides of FM 1830 beginning
approximately 200 feet south of Hobson Lane.
(Z-1542)
C, Introduction of an ordinance instituting
annexation proceedings on a tract consisting of
approximately 121.12 acres of Land beginning in
the centerline of Edwards Road approximately
1,800 foot cast of Mayhill Road. (Z-1549)
D. Introduction of an ordinance instituting
annexation proceedings on a pat•cel of land
approximately 24.065 acres in size located
immediately east of the Denton Sewer Treatment
Plants (Z-1550)
6. Anprove the request of Mr. Paul Derry for
disannexation of approximately four (4) acres of land
located along the east side of Highway 377 just north
of Brush Creek Road. (The Planning and Zoning
Commission recommends denial.)
7. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
Cs Personnel
D. Board Appointments
8. New Businessi
This item provides a section in which to suggest new
items of business for future agendas.
05556C
MEMORANDUM
DAT.Es January 4, 1983
ri0s d. Chris Hartuny, city Manager
q-F)IOMI Charles Watkins, Senior Planner
SUBJECT: Discussion of proposed annexation of land including
the Mobile Home park under construction on the north
side of Robinson Road. (Z-1560)
Construction of a mobile home park has begun on a tract of land
consisting of approximately eighty-three (83) acres located on
the east side of Teasley Lane and north of Robinson Road.
(,trading, pouring of pads and laying of the internal water and
sewer system has begun.
The annexation policy sets out four (4) guidelines for deter-
mining wher annexation should be considered:
1. Single family developments over five lots.
2. Multi-family, industrial or commercial developments over
one acre.
3. Any area where the density exceeds 500 units per square
mile.
4. Any development or area that might present a significant
impact upon the City in such ways as service cost, in-
creased traffic, utility needs or utilization, safety or
health hazards, substandard construction practices, detri-
mental aesthetic! quality or other similar community impacts.
The annexation policy also requires consideration of annexing
logical planning areas around the area of initial concern.
Staff believes that the mobile home park under construction is
in essence a multi-family development in that approximately 400
units are proposed for one 80 acre tract of land with the re-
maining three (3) acres to be reserved for possible retail
UBOB . The scale of the development above suggests a signifi-
cant impact upon tho city.
'rho Planning and Community Development Department would recom-
mend annexation of the proposed mobile home park along with the
property north of the Park east of Teasley Lane and the land
east of the Mobile Home Park over to a finger annexation just
wort of State School Road. This combination would constitu`.-e a
logical planning area.
CWIcs
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LOCATION OF BUTTON-ZIFF PROPER T S
DENTON TrXA.S
h rt _ t nrtn,_ -
q(-AT
MINUTES OF THE MEETING OF THE
CiTf OF DENTON CITY COUNCIL
0ecornber 7, 1982
5t30 P.M.
The City Council con ,mad into ExdCutivd aesslon at 5:30 P.M. In tnd Civil
Defense Room of the Municipal Building to calleit}er tho 1`0110wing:
Executive Session:
A. Legal hatters Under Sec. 2(e), Art. 6262.17 V,A,T.S.
d. Real Estate Linder Sec. 2(f), Art. 6252.11 V.A,f
C. Personnel Unaer Sec, 2(g), Art 6252.17 Y. A, T. s.
0. board Appointments Under Sec. 2(g), Art 6252.11 V.A.T.S.
Tne City CouhetI eonvenea into regular session at 1:0i) P,PI, In the Council
Chambers of the Municipal 6uiiding to consider the following Items:
PR£S£NT: Mayor Richard U, Stewart, Mayor Pro Tem Stephoos, ,'ouac I I persons
Barton, Hopkins, Alford, kiddlesperger and Chew,
The Council considered the appproval of minutes of the Regular Meetingg of
November 16, 1982, Special Galled Meeting of November 23, 1982, Special Called
Meeting of Novembar 30, 1982, the Emergency Meeting of 00cember 2, 1962.
Mayor Stewart requested uiat the minutes be amendud to reflect the items on
the consent agenda.
Councilperson Riddlesperger requested tnat the minutes of Nove+nher 16, 1982,
page three, be amended to show that "it was the desire of the City Council to
keep the districts as aqual In size and compact is possible while keeping then
consistent regarding the citizen's interest" not the CUG Board,
Hopkins motioned to dVprove the minutes +vlth the above stated amiendmnnts.
Barton seconded, Tne motion carried unanimously,
the Council eonsidared approval of the consent agenda.
A. bids and Purchase Urgers
i, bid #90b8 Gasolhne and Wesel
2. Old #9070 Uniforms/fire Department
3, Bid 89013 Cog Food
6. Final fiats,
l ,1pproval of the final replat of the Lincoln Park Addition
2. Approval of the final replat of the Montecito Del Sur Addition
Alford motioned. Chew seconded, The motion carried unanimously,
The COen6li hoard the following public hearings:
(1-1547) This Is a petition of Mr. Nolan Browne representing Southmont
Development Corporation LTD, requesting a change in zoning from single
family (SF-15) to planned development (PU classification on part of lot
11 block 2; lots 2.6, block 2; and lots 107, block 3 of the Southmont
Subdivision. The Planned Development, If approved, would permit terra lot
line single fainidly detaeheo development on lots rdnying rrom
approximately 6,500 to 8,400 square feet in size. The Southmont
Subdivision begins along the south side of Teasley Lane, adjacent and west
of the Sam Houston Elementary School. (The Planning and Zoning Commission
recormcends approval.)
Jeff Mayer spoke for the staff. He stated that there had been one
notification, request for zoning change returned in favor', anu two returned in
opposition.
t;olan Browne spoke In favor of the zoning change, Browne (the oeveloper)
stated that it was tits intent to malntaln the area as a planned development
area 'with only 31 luxury no,hes on a total or eight acres of land. he further
extended his perso,.al thanks to Oavip Ellison, Jutf Meyer and Charlle 'natkins
for their patience, direction and cooperation over the past Several rwnths.
He asked the Council for their approval of cola petition as it is submitted.
Jonn C, Johnson spoke in favor.
Minutes of Council Mooting of 0ocembor 1, 1932
Page Two
Roy Kindrick spoke in opposition of the zoningq change, lit? stated that his
property Imes adjoln the proposed 5outhmont Oeve 0011e11t, He further hated
that the neighbors In his area were not ContaCted, He said that he felt that
short zoning was in contrast with the current zoning. He requested the
Council to approve the zoning with the stipulations that a row of SS16 lots be
between the 5outhmont Ddvelopment and his propurty,
Robert Estes spoke In opposition of the zoning change, He stated that ire
^eally wasn't in opposition of the change, rather he was concerned about the
'Cirno) Children Ind the traffic plan,
John McQuistion spoke in OPPosition of the zoning Chan e. He stated that he
owns 16 acres of property that Is 10Cated on the end of SOutloront Street. He
stated that this zoning Change would donY him access to his proPorty. He
furthur stated that this would deny him the ability to develop his own
located l where p it lt isi proposed, the property with the
property Southmont because Oevelopment cost
E
CouncflVerson Chow asked idCQulstlon if he had submitted a VIaL to Cho Planning
and Zoning Conmisslon for their approval and recoromuendation. McQ.isitlon
stated that he had not, but that was his intention. Chow asked McQuistibn if
the City Staff had made any recommendations to him regarding the purchase of
the andd that thisg was oneverr a for devulpmnt,
considertttion wh nQthetorri9lnalolandawase had
purchased from menry Miller,
Councilperson Hopkins stated that in the material presonLed earlier by
McQuistion, none of it shows Southmont Street, extended Into his property, He
further stated that the new information does show it. Hopkins asked
MCQuisition for an explanation. MCQuisition stated that he has "escalated his
plans", he further stated that he had felt that ;t Sduthmont Street didn't
have to be extended, he didn't want to Show it.
Damon Nolan spoke in opposition to the zoning Change, He stated that tale
people who own the land in the area are in opposition because If the zoning
change was approved it would result in Pennsylvania Avenue dissecting his
property.
Ed bright spoke in opposition, He stated that he had inLended to purchase and
develop part of the land now owned by McQuistion, if the toning change Is
approved he will not be able to do this because of tine inability to access the
property,
John Kotura spoke in opposition, He stated that if this zoning change is
approved and Pennsylvania Avenue is extended, it will result In a domino
effect In the area with no north-south'outlet,
Councilperson Hopklrts asked Kotura if he was concerned about problems possibly ial extendodsoutotofRyanCRoad, KozuualstatedlthatPliie~idoesanot feeluqualfiedwt
a
o
answer that question,
Carl Thompson spoke in opposition o` the zoning change. He stated that his
opposition is based on the tact that he Is the father'-in-law to McQuistion.
George Hopkins spoke as representative of the builder. He stated that; (I) by
virtue of the nature of the proposed Southmont Development (single Integrated
item Is
can s take Aveouil
units) (J) s in rise r
reference l to i the t school present childre~ , ( sidewalksPennsylvania
care of
thler safety; (4) MCQulsltion wants to keep Sf10 toning; 15) regarding
Klnorick's concern, the greens will be an adequate buffer, tone; (6) K ndrlcK's
prdperty will nave four acres of adequate protection, He furtlwl stated that
this "is a unique Concept, it is the way of the future". he sW ed that the
quality f houses thatetill 66 bin tile irea uilt ill the nowuthmont Development will no
Compatible existing
David Ellison spoke for the staff. He stated that the lots abutting to
Kindrick's property would be traditional tots, He stated that the star
summary evaluation rating of this proposed zoning Change Is totally a. ,u1e.
Minutas of council Meeting of uecemuer 1, 1982
+ Page Three
Mayor Pro Tom Ray Stephens stated that ire visited with persons on both sides
of this issue. He reported to the audience that the Council has a preeedont
for asking principlOs to work out their differences If possible,
Couneilporson 6artnu stated that the staff answered his questions fully,
Mayor Stewart stated that he was e,ttramely plaosed with the way this hearing
was handled, me stated that tills was one of the finest public hoarings that
had come before the Council, He further stated that ne Is convinced that tills
development will be good for the City, and strongly urges its approval,
Couneilperson Hopkins stated that he has studied the Information provided for
the past two weeks, He further Stated that he has porsonally Spoken to
several parties Involved on both sides, and has "walked th6 site".
The Council considered approval of an ordinance changing the toning from
single family (SF-16) to planned development (P0) classification on part of
lot 1, block 2; lots 2.6, block 2; and lots 1-7, block 3 of the Southmont
Subdivision,
The following ordinance was submitted;
X0.82.102
AN ORDINANCE AMENOING Thl; ZUNIXG MAP OF THE CITY OF DENTON, TLXAS, AS SAME WAS
ADOPTED AS AN APPENDIX TU THE CODE OF ONUINANCES OF Illt CITY Uf OENTUN, TEXAS,
BY ORDINANCE NO, 69.1, AND AS SAID MAP APPLIES TO PART Uf LUT 14 BLOCK 2 AND
ALL OF LOTS 2.6, BLOCK 2 ANU ALL OF LOTS 1-7, BLOCK 3 OF THE SOUTIiriONT
SUBDIVISION IN THE CITY OF DENTON, TEXAS; AND MURE PARTICULARLY DESCRIBED
HEREIN; AND DECLARING AN EFFECTIVE DATE,
Barton Motioned, Chew seconded. On Roll Call Vote Barton, aye, Hopkins, aye,
Stephens, Nay, Alford, aye, Riddlespo•ger, aye, Chew, )yo, Mayor $tvwart,
aye, The motion carried six to one In favor,
The Council recessed at 8,51 P.M., to reconvene at 9:OS P.M„
Upon reconvening, the City Council considered the following;
Discussion of the proposed Uanton Development Code (Subdivision and Land
Development Regulations),
:teve Fannin represented the staff, He reported to the Council that tine
proposed changes were very minute. He further stated that the main concern
was having the City Council take action on approval of plats and replotting,
He stated that in tine platting process, the City Council Is caliod upon to do
administrative processing, when In most titles tills Is handled by the Planning
and toning Comanission,
Robert LaPorte, Representative of the Denton Planoln and Zoning Commission
spore oefore the Council. LaForte Stated that since the Unntor Development
Code Is a technical document it Is not easily understood. rte stated that cl•e
recommended changes are: (I) keptats too much tima I; waited by naviny
replats go before the W and the City Council, Should yo from P&Z to County
directly; (2) Annexation P&Z to be Included in the planning and study
meetings; (3) Plats once W approves, they Should be sent directly to the
County. He further stated that most platting is not controversial and the
City Council would not be overburdened with platting Issues that are routine
and without problems or controversy,
Councllperson Hopkins thanked the P&l for their work on the the Denton
Development Code.
Mayor Stewart stated that he would like to see the plats and r:plats stay on
the agendas for action oy the City Council.
Mayor Pro Tem Stephens commended the P&t for their time. Hu further stated
that no is in agredmont with the Mayor regarding the City Council making the
final approval on the plat Issue.
Minutes of Council Meeting of Uecunber 71 1982
Page Four
Marilyn Snip stated that she was in favor of reeonhnending that sidewalks be a
part of every development plan,
Tony Hodgins stated that he was concerned about the wording In the Code "at
discretion of the P&Z sidewalks nay not be allowed".
Mayor Stewart asked that anyone who wished to appear to please do so but
stated that the Council would not hear further comments about sidewalks,
Stanley Timms stateo that he 1.vas not In opposition of the Code, He asked that
the City Council consider retaining the right to have final rather than
relinquish authOrlty to P&Z. Timms read from a letter signed by Mrs. Fred
Thomas stating that property was replatted near her home and there was no
notification from the City or the P&Z.
Mr. lurch asked that the City Council "yet all areas of the City within
existing limes under control before annexating any future proporty".
Heather White Spoke In opposition of the Code. She asked the Councll If It
was their desire to approve housing that will allow fuither flooding In the
Kingston/Trace Area.
Mayor Stewart told Ms. White that the Council was not hearing this Issue at
this time.
Gouncilperson Hopkins stated that the whole purpose and intent of the Den.on
Development Code rules and regulations Is So that the City won't have other,
situations that have come up on the past that ultimately result in flooding,
etc. as Ms. White seems to he referring to, Hopkins told Ms. White that he
felt the staff would answer any questions 5he may have in their summary report,
Mayor Stewart reminded Ms, White that although the Council may call on an
individual to speak, speakers are not permitted to ask direct questions of the
Councll,
John Kokalis appeared In opposition of the CDC. He Stated that if the Council
relinquishes its main responsibility In not approving the plats it will be
wrong. He further stated the as representatives of all the citizens it is the
Council's respcnsibillty to remain In control, Kokalis said, "the
administration Is here to advise the City Council only, not to pu•suade or
lobby to advise only".
Councilperson Barton stated that Kokalis was referring to a letter in the
Penton Record Chronicle, and "that letter was in error".
Kokalis stated that he would like to see ordinances printed in the paper prior
to having the City Council approve them
Mayor rro Tem Stephens stated that the back-up materials for the meeting of
this date were received on Thursday, He further stated that this Issue Is
merely being discussed at this time, and the final decision is not being made.
Kokalis stated that the "City of Jenton has great potential, it is like a
cheery tree ripe for Picking and we all want results to be good He further
stated that he feels the City Council is concerned.
Steve Fannin stated that the Staff recommends approval, However, If the City
Council would like to have a work session with the staff and the P&Z to
discuss any issues of concern,
Mayor Pro tern Stephens stated that a work session was a good idea.
Mayor "Stewart reiterateo iiis earlier rerarKS about the Council making final
decisions on all plats on the Consent agenea, However, he stated that the
City Council would certainly take into consideration the points brought up by
the citizens, the staff and the P&Z ComnisSOn•
Councilperson Barton stated that the Code, if approved, should be condensed
for publication,
Mayor Stewart congratualted all interested persons speaking on this Issue.
Minutes of Council Meeting of December 11 1962
Page Five
The Council considered the petition of Goorge Lillard,
(Z-1544) This is the petition of Mr, George T. Lillard requesting a change
of zoning from general retail (GA) to the commercial (C) classification on
a 4,196 acre parcel located along the sW,th side of highway 380 East,
beginning approximately 5,000 feet east of the.lnterSe0tiOA of Mayhill
Road and highway 380 east, (The Planning and 40ning Commission recommends
approval,)
David Ellison spoke for the staff, He Stated that tha staff and A&Z
Commission recomnends approval,
George Lillard spoke to the Council, He stated that he Intends to maintain
the property in An acceptable manner. He farther stated that It is his Intent
to utilize this space for rides for kiddies,
Mayor Stewart asked Lillard if it was his intent to have this area have the
appearance of a nice lookingg village. Lillard stated that the rides will be
outdoor rides and that he will keep the place presentable,
Mayor Pro Tem Stephens asked If LIT lard Intended to "dress-up" the area.
Ellison stated that there were no specific mentions of this in the Petition,
but Lillard had stated that he would keep the area clean.
Stephens asked if Lillard planned to do any landscaping in front, Ellison
stated that the only way to assure this would be to modify the zoning change
to reflect landscaping as a prerequisite to approval,
The City Council considered the approval of an ordinance changing the zoning
from general retail (GR) to the commercial (C) classification,
The following ordinance was considered;
NO, 82-103
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME kAS
ADUPTEO AS AN APPENDIX TO THE COUE OF ORDINANCES OF THE CITY OF UENTON, TEXAS
BY ORDINANCE NO, 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 4,196 ACRES U~
LAW OUT OF THE MOREAU FORRESt SURVEY, UENTuir UUUHTY, TEXAS; AND MUKE
PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EF;FCiIVE DATE,
Stephens Motlonea, Hopkins seconded, On Roll Call Vote battens aye,
Hopkins, aye, Stephens aye, Alford, aye, Riddlesperger, aye, Chew, aye, Mayor
Stewart, aye, The motion carried unanimously,
the Council discussed a petition of Jerry Gage requesting n change In zoning,
(Z-1546) This is the petition of Jerry L, Gaye representing Real Estate
Services, Inc, requesting a changqe in zoning from multi-family NF-2) to
planned development (PD) classification on a parcel approximately .604
acres In size, The property begins approximately 300 feet north of E491e
Drive and has approximately 160 feet of frontage along the east side of
Central Street and IOU fact of frontage along the west side of 'delch
Street, the planned Development (PO) would permit development of i single
family attached (townhouse) land use on lots typically 16'x30', (The
Planning and toning CdnmissIon recommenos approval,)
David Alison spoke for the staff, He reported that the staff and the P&L
recomeead approval.
Larry Richter reported to the Council that he was available for any questions
that they may havo,
Mayor' Stewart asked what the size of the lots are, Ellison stated that the
size is technically 16'x30', However, :^e stated that aecouse the proposal is
to build tdwnhousus, typically lot size it referred to as land use,
Councilperson kidolesperger asked Richter 15 each townhouse would be sold
indlvldualiy. Rlcmter replied that the intent was to sell the development in
this mannur
Minutes of Council Meeting of December 1982
Page Six
The Council eonsidred approval of an ordinance changing the toning from
m31ti-family (,q- 21 to P Annod Oevelopment (PO) classification for singlo
family attactidd (townhouse) use.
the following ordinance was considered:
NO. 82-104
AN URUINANCE AMENDING THE ZONING MAP OF THE CITY OF DF.NTON, TEXAS, AS SAME WAS
ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTONt TEXAS,
BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 604 ACRE OF
LANU, MUKE OR LESS, BEING LOCATED APPROXIMATELY 300 FEET NORTH OF EAGLE DRIVE
BETWEEN CENTRAL ANU 'WELCH STREZTS IN THE CITY Of UENTON, TEXAS; AND MORE
PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE,
Alford motioned. Hopkins seconded, On Moll Call Vote Barton, aye, Hopkins,
aye, Stephens, aye, Alford, aye, Riddlesperger, NAY, Chew, aye, Mayor Stewart,
NAY. The motion carrieo five to two. 4
The Council received a report from Dwight Gailey and reprosontatlVes Of the
Selwyn School regarding the school zone on highway 380 at the entrance of the
Selwyn School.
Gailey stated that of the 177 total students attending the Christian School,
65% are Denton citizens, He further requested that the Council consider
contacting the State to authorize the are„ of U.S. Hw 38U by thn Selwyn
School a school zone. Further, Galley stated that all persons attending both
schools and persons residing in Ranch Estates unanimously request that the
City Install flashing signals In this area.
Mayor Pro Tem Stephens stated that It was his feeling that the City could find
a way to fund this light,
Lynn Ludwig spoke in favor or having the area designateo as a school safety
zone and having flashing Signal lights installed, She urged the Council to
act quickly as She said, "we are working with a time bomb Out there".
Councilperson Rlddlesperger stated his appreciation to Dwight Galley and Lynn
Ludwig. He recognized their concern,
Mayor Stewart reported that there are State ramifications which now govern
that area of the highway. He asked that staff come back with a recommendation
on the legal and economical restrictions and possibilities at a later date.
Svehla asked if it was the Council's desire to ask for the major change
allowable bringing the speed limit down to 35 mph in that area. He further
stated that if this was the case It may take at least a month or more before
anything can begin, He further asked for direction from the Council,
BOrton motioned to ImeVe Staf'? make recommendation. Hopkins Seconded. Tile
motion carried unanimously.
The Mayor called for the scheduled appearance of Paul Pruitt regarding barking
dogs. Mr, Pruitt did not appear,
The Council took a brief five minute recess.
UPOn returning from recess, the Council considerdd the approval of a
resolution in support of $1,% Per Capita funding for Public Libraries.
The following resolution was presented;
RESOLUTION
WHEREAS, the Constitution of the State of Texas affirms the principle that
"a general diffusl n of knowledge Is essential to the preservation of the
liberties and rights of the people" (Article V11, Section 1); and
Fiinutes of Council Keating of Oocember 7, 1982
Page Seven '
WHEREAS i titre public libraries of the State of Texas facilitate the
greatest diffusion of knowlodga, freely, and to all citizens, regardless of
age or economic background; and
WHEREAS, Texas State Library and Archives Comnlssion has approved a
budget request for the next bionniuin which would see State bunds appropriated
to support local library services in an amount equal to $1,50 par capita; and
WHEREAS, an appropriation in this amount would create a State and local
partnership to provloo the educational services of local public libraries, a
partnership which Is essential if adequate service is ever to be realized; and
WHEREAS, an appropriation of $1.50 per capital would be used by the Denton
Public Library to obtain extensive services for users; and
WHEREAS, the State of Texas, which has appropriated (ands for local public
libraries In the current biennium in an amount equal to 30.32 per capita,
ranks only 24th among the 44 states appropriating funds for this purpose; and
WHEREAS, the State of Texas is fortunate to possess titre means necessary tc
provide for its citizens improved public library services through increased
State funding of local public libraries; NOW, THEREFURE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASi
That, the City of Denton, Texas pledge its support of level 4 funding for
the Statewide Library Development progran of the Texas State Library, and that
we further urge the support of all members of the Texas Legislature to gain
passage of this measure,
PASSED AND APPRUVED this the day of December, 1982.
RICHARD U. S WAK , 0A 09
CITY OF DENTON, TEXAS
ATTIST;
VICKI WESILING'
DEPUTY CITY SECRETARY
CITY Of OENTOft, TEXAS
APPROVED AS TU LtGAL FORM;
C. J. TAYLOR, JR., CITY ATTORNEY
BY; _
Barton ;Motioned, Chew seconded, Un Roll Call Vote. Barton, aye, Hopkins, aye,
Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye, mayor Stewart,
aye. The motion carried unanimously.
The Council considered the approval of a resolution opposing Issuance of in
alcoholic beverage permit at lib nest University (The Bank Shot).
Councilperson Barton asked to hear from Mr, A.L. Jackson. 'it. Jackson stated
that they had received word that the person who had applied (or this permit
had withdrew his application without prejudice. However, ne, stated that the
permit could still be parmitted at a later time. Jackson Informed the Council
that he is requesting that the Council table this resolution until a final
decision as to whether or not this is still a issue is resolved.
i,ouncilperson Hopkins asked for a legal opinion from City Attorney, Taylor.
Taylor stated that the Council could table the resolution if they so desire
and bring it back at a later date.
Barton Motioned to table the resolution. Hopkins seconded. The motion was
carried unanimously.
Minutes of Council Hooting of Uecembor 1, 1982
Page Eight
The Cowicil Considered the app"wval of a Resolution authorizing the City of
Denton to support the Texas Municipal r,0ague's 1269m Task Force ameodmonts
governing Pollee and Fire Departments in the Texas Lepis'•ature,
City Manager Hartung stated that the Texas legislature has met, ano a task
force has been Ostabllshed, He further, stated that the task force has
prOPOSeu a rdCOMMendatlon for approval, This resolution has been submitted by
that task force.
Barton moved to table the resolution. Chow seconded. The motion to table the
resolution was Carried unanimously,
Councilporson Alford recognized Ken Gold of the Denton Fire Departmt)nt. lie
stated that he wished to compliment Gold for his art work and dedication to
the recent slide show used in the promotion of the bond election,
The Council considered the approval of a Resolution authorizing the execution
of a quitclaim deed disposing of property located at the northeast corner of
MCCOrmiek and 'dillowwood Streets, (U-31)
The following resolutioo was presented;
R t S U L U T 1 0 N
'AHEHEAS, the City Council of the City of Denton has herotofore determined
the necessity for disposing of the real property hereinafter describe(i; and
WHEREAS, after due notice as rnqulred by law, Competitive bids were
received by the City of Denton; and
WHEREAS, the highest bid received was for Five Thousand Eight Hundred
Dollars (15,300,00), from Marvin 'dills; and
WHEREAS, the City Council hereby finds and determines that the reasonable
and fair market value of such property is Five Thousand Eight Hundred Dollars
05,800,00);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS;
SECTION I.
The bid for Five Thousand Eight Hundred Dollars (#5,800,80) by Marvin
!mils Is hereby accepted,
$ECTION It,
The Mayor IS hereby authorized to execute on behalf of the City of Denton,
Texas a quitclaim deed convoying the hereinafter described property to Marvin
Rills, to-wit;
All that certain lot, tract or parcel of land lying and being situated in the
City and County of Denton, State of Texas out of the A. I, B, Tompkins Survey in
Uenton County, Texas, and being more particularly described as follows:
BEGINNING at the southwest corner of a tract of land Conveyed to W. H. Barnes
and wife, Ruby Barnes by deed dated August 22, 1945 and recordid in Volume
, Page - of the Deed Records of Denton County, Texas;
THENCE north 12 feet along the east line of McCormick Street to a point for a
corner;
T4ENC6 east 150 feet to a point for a Corner;
THEKE south 12 feet to a point for, corner, in the north line of Drr-r:Id Drive;
THENCE west along the north line of Orr-Kid Drive 150 feet to the place of
beginning,
Minutes of Council Meeting of DeCumber 7, 1982
Page Nine
CONOITIONSI Sale is ,ub~Ott to the condition that all future improve,aents
shall h(, applicable to ail City of Oanton Rules and Regulations,
Specl'ICations and ordinances.
aSE,T~„I~tilSl,
:a City of Denton is hereby authorized to pay its share of the necessary
and reaSonable cost of closing as required by the advertisement for bid,
PASSED AND APPROVED this the 7th day of UOCOmbet', 1982.
U3F
RICHARD O~ t , MAY
CITY OF DENTON
ATTEST:
VICKI 'W t G
uEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM;
C. J. TAYLOR, JR., CITY ATTORNEY
CITY Of UENTON, TEAS
BY:
SaTUA motionea. Chew SOConded. On Roll Cats Vote Barton, aye, Hopkins, aye,
Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye, %4ayor Stewart,
aye. The motion carried unanimously.
the Council considered the approval of a Resolution authorizing the execution
of a quitclaim aeee disposing of property located along the east side of ,dingo
Road beginning approximately 270 feet northeast of the intersection of Bell
Avenue and Mingo Road. (0-Z9)
the following resolution was presentee;
R E S U L U T 1 0 N
WHEREAS, the City Council of the City of Canton has heretofore determined
the necessity for disposing of the real property hereinafter described; and
WHEREAS, after due notice as required by law, competitive bids were
received by the City of Denton; and
WHEREAS, the highest bia received was for Five Thousand One Hundred
Dollars (15,100.00), from McMahan Tire & Supply Co., Inc./MCaahao Uil Co.; and
WHEREAS, the City Council hereby finds and determines that the reasonable
and fair market value of such property is Five Thousand One Hundred Dollars
($5,100.00);
Now, THEREFURE, BE iT RESULVEU BY THE CITY COUNCit OF THE CITY OF DEN1'ON,
TEXAS:
SECTIuh I.
The bid for Five Thousand One Hundreo Dollars ($5,100.00) by McMahan Tire
S Supply Co., Inc./McManan Uil Co. is hereby accepted.
Minutes of Council Meeting of December 7, 1982
Page Ten
A011- I 1,
file Ma
0uyytC lain dolibyconveyingedhe hereinafter dbehalf of the Cit of escribed property to McMahan
tire & Supoly Co., Inc./Mcmanan Oil C0.1 to•wlt;
All that certain tract or parcel of land situatea in the 8,8,8, & C,R,R,
Surveyy, Abstract No, 185 Denton Countyy, Texas and being a part of that
certain tract deeded by A. Carroll to the M~SsourI, Kansas and Texas R,R,
Co, on IJctober 9, 18851 recorde0 in Volume 281 Page 403, Deed Records of
Denton County and being more fully described as follows;
BEGINNING at the northwest corner of block 14 of the 8,8,8, & C.R.R. Survey,
Abstract No, 185;
THENCE north 89021'19" east 285,55 feet to the east right of way of 50 foot
road, an iron pin, thl true point of beginning;
THENCE north 89021'19" east 27,21 feet to a point $0,0 feet from the centar
line of the main tract of T 5 P R,R „ a 60 penny nail In the crosstl:;
THENCE with a curve to the left whose tangent bearing Is south 20054'36"
west and radius is 1959,86 feet a distance of 325,55 feet to an Iron pin;
THENCE south 89018150" west 121,17 feet to the east right of way of a 60
foot road, a railroad spike driven In a concrete slab;
THENCE north 30028' east with said right of way 363.7 feet to the true point
of beginning and containing 0,491 acres o" Iand, more or loss,
,CO140ITIONS; If and when development occurs on this site, a minimum
twenty-five foot (25') front yard setback is required, and all City of Denton
Rules and Regulations, Specifications and Ordinances shall be appllcable,
SECTION Ill,
1 The City of Denton is hereby authorized to pay Its share of the necessary
and reasonable cost of closing as required by the advertisement for bid,
PASSED AND APPROVED this the Uli day of December, 1982,
iFTLA> 3" j ;`STE iUM. hTM,
CITY OF OENTON
ATTEST;
W
DEPUTY CITY SECRETARY
CITY OF DENTUN, TEXAS
APPROVED AS TO LEGAL FORM;
C, J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTUN, TEXAS
i Y;
Minutes of Council Moot Irig of Docember 1, 1982
Page Eleven
Stephens motioned Barton seconded, On Roll Call Vote Barton, aye, Hopkins,
aye, Stephens, aye, Alford, ayo, Rlddlesperger, aye, Chew, aya, Mayor Stewart,
aye, The motion carried unanimously,
The Vouncll considered the approval of a lease purchase of IBM compu~er
hardware, (Data Processing Advisory Board recommends approval,)
Bit) McNary spoke for the staff, McNary stated that 101 has made the City an
offer of a 34% reduction of O W to purchase hardware, He further stated
that the staff and the Data Proeossing Advisory Coinnittee racom,nends approval.
Chew motioned, Hopkins ser,ondod, The motion carried unanimously,
The Council took the following Uffielal Action on Executive Session Items,
Legal Matters Under See, 2(e), Art. 6252.17 Y.A.T.S.
Chew motioned to approve the settlement or a law suit regarding the
Christy Miller case, Barton seconded, Un Roll Call Vote Barton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, RiddleSporger, aye, Chew, aye,
Mayor Stewart, aye, The motion carried unanimously.
Chew motioned to approve a contract agreement 'with Stone and Batas
Construction Management Associates to take over tine construction of the
Pollee Building, Barton seconded, On Roll Call Vote Barton, aye,
hopkins, aye, Stephens, aye, Alford, aye, Riddlesparyer, Aye, Chow, aye,
Mayor Stewart, aye, The notlon carried unanimously,
Real Estate Unaer Sec. 2(f), Art, 6252.17 V.A.T.S.
NO ACTION TAKEN,
Personnel Under Sec, 2(g), Art 6252-17 V.A.T.S.
I
NO ACTION TAKEN,
I
Board Appointments Under Sec, 2(g), Art 6252-17 v,A,T,S, !
NO ACTION TAKEN,
i
The City Council did not reconvene into Executive Session, The Cou110 I
Meeting 'was endeo at 10,41 P,PI,
Attachments to the Minutes;
i
1. Letter from MCQiistion regarding the closing of Southmont Street, +
I
2. Petition for approval of Plat and Zoning for the Southmant Place
Addition to the City of Denton,
J, Letter from Stanley Thames regarding amendments to the Denton
Devrlupment Code.
APPROVED; _
Richard Stewart, Mayor
ATTEST;
`T-cVf west ling, Ueputy City Secretary
0745M
JOANNE M, SHIPLEY
A17ORN"Y AND OOUNMOR AT LAW
724 PORT WORTH DRIYO
P.O. DRA08R M 0
01TIZ2N'0 NATIONAL, BANK BUILDING
w 16* 31 DENTON, TEXAS 78201,
December 7, 1982
HAND DELIVERED
Mayor and City Council
City of Denton
215 East McKinney
Denton, Texas 76201
RE: Closing of Southmont Street
City of Denton
Z-1547
Dear Mayor and City Council Members:
I represent John McCuistion, who owns property actually
touching and abutting Southmont Street in the City of Denton,
and I am contacting you on his behalf. It is my understanding
that the Planning and Zoning Board recommended to the City
Council that Southmont be closed where it intersects Pennsylvania.
I would like to direct your attention to several aspects
of the proposed road closure. Although the city undeniably has
the power to close and abandon Southmont, the most feasible,
economic course of action for the city would be to have the de-
veloper, IQolan Browne, negotiate and obtain an agreement with
and a release of damages from Mr. McCuistion before Southmont is
closed and abandoned by the city. In that way, the city would
be protected against any law suit for injunctive relief or damages
filed after thT closure under Texas Civil Statute Annotated,
Article 4646a. If, on the other hand, the city closed Southmont
without either compensating McCuistion through a condemnation
suit for his damages or without insisting that the developer
obtain a release of Mr. McCuistion's claim, then the city will
be in the unenviable position of facing potential liability and
having no recourse against the developer. If a private developer
Verrnnon's Texas Civil Statute Annotated, Article 4646a gives the
abutting property owner the right to bring an injunction against
the closure of a street. Although the term abutting property
owner is not defined within the statue, it has been judicially
interpreted as referring to one whose land actually adjoins the
way,
Mayor and City Council
December 7, 1982
Page 3
Mr, MoCuistion has sent you a letter of separate cover
in referenoe to the proposed road ol.osure. A copy of that
letter is enclosed herewith. Thank you for your attention.
Very truly yours,
Joanne M. Shipley
js/fa
cot Nolan Browne
John MoCuistion
Denton City Attorney
December 71 1982
1 have received the above letter along with a copy of letter
from John McCuistion.
Mayor and City Council
December 7, I.W.
Page 2
requests that Southmont be closed, good business sense dio-
Cates that the developer bear the cost involved, not the city.
Fmrther, it is important to note that the developer has no
monies involved ether than a small amount for plattingi U e
developer does not even own the property, whereas my client
has a substantial investment, Xf, after a consideration of
the economics of the situation, you decide to proceed with
the closure of Southmont, I object most strenuously and ask
that you consider the reasons set forth below.
To summarize, it is our position that the closure of
Southmont would not be in the best interest of the public,
but would rather be in interest of one private developer.
Even if the city decided close and abandon Southmont
Street, Mr. MoCuistion, as an abutting property owner, still
has a coexisting private easement therein. MoCuistion pur-
chased the property abutting and touching Southmont in
reliance on the fact that Southmont was a dedicated public
road and that it provided access to his property. Southmont
is shown as a road on the survey and plat on which McCuistion
based his purchase of his property and also on official plats.
McCuistion has actually used and continues to use Southmont
as the means of ingress and egress to his property, Southmont
is presently the only route by which McCuistion enters or
leaves his property,
When Mr. McCuistion purchased his property on May 25,
1982, he relied on the existence of a dedicated street, namely
Southmont, as shown on the Mat and the survey of the property
and as shown on city plate; :nd he further relied on the visible
presence of the street issi3lf. McCuistion has used and con-
tinues to use Southmon': in order to enter and leave his pro-
perty and that is the only way in which he has ever entered
or left his property.
Southmont is the only means of access to McCuistion's
property, is the c:.,ily means of access ever used by McCuistion
and is the only reasonable or suitable access to his property,
both at the time ',:,hat he purchased the property and at the
present time, To close the street and turn it over to a
private developer would force Mr. McCuistion to take appropriate
legal action, in the nature of an injunctive action against the
city and the owner oil tho property to whom the City abandoned
the fee interest in Southmont, together with a damage action
against the city aiid the property owner who attempted to obstruct
and close Southmont: Street. We would respectfully request that
the Council not close Southmont Street for the reasons set
forth herein.
(N19CUISTION & COMPANY
PtNA4CIAl. Ft«1`l`(IYq Aq~'15(YR5
WATGAWAY TOWIA SVITI ao
414 i. LAS (MINAO 61Y0,
INVINQ. TIXAO Ta0J/
It1~I aaaaaas
C%RTIMI) FI\ASC1A6 K UNS CA
IOHS W. ~KCVI$T(ON
November 30, 1982
Denton City Council
City of Denton, Texas
Municipal Building
Denton, Texas 76201
Dear Council Metabers, Mayor and Mayor Pro Tem:
I am opposed to the change of zoning in regard to case number
2-1547 for the following reasons:
1. To begin with, I purchased the property f presently
own with the intention of developing my own residence
as well as that of two other parties which would be
similar to the Mantecito area,
Tho requested zoning change is not in conformity
with surrounding land use, The property owners
around this area for the most part have large yards
and/or acreage surrounding their homes and a sub-
stantial number of these homeowners are against this
zoning.
Neither the surrounding area nor the original Southmont
Development contains plans for zero lot line develop-
ment.
2. The closing of Southmont Street will deny access to
my property frc:rl that street, which is and was 'intended
to be a public - not private street. Additionally,
closing this street would create a significant reduc-
tion in the market value of my property since its
present appeal stems largely from the access from
Southmont Street.
The present City of Denton subdivision regulations
require seventy feet of frontage on a public street
before a house can be built, As you can see from the
attached proposed division of my property, no access
would be afforded the west and of my property without
running a street approximately twelve hundred feet
from Teasley Vane at a cost of in excess nF $125,000,
-
N19CUISTION & COMPANY
November 30, 1982
Denton City Council
i)age Two I
This is not a. fair imposition since I could extend
Southmont street into my property the required seventy
feet at a cost of approximately $10,000 versus
$125,000 as previously mentioned.
Since my property will not have more than two or
three houses for the entire sixteen acres, the burden
of extending the street is totally unreasonable when
compared to extending Southmont. Additionally,
surround-
development intentions are in keeping with the
land use as well as the present zoning.
3. The reason my property has not bAen platted previously
is because it was bought in two separate tracts,
neither of which had been legally platted by the
previous owners. The second one fronting Teasley
was not closed until September 17, 1982, thus I have
not had adequate time to prepare a groper plat.
In addition to the above, I refer you to the minutes
of the pre application conference I had with the
Development Review Committee on July 12, in which I
was advised the property should not be platted if
the property were not to be sold or developed at this
time. Since the proposed zoning change involves a
request to close the street, I am now obliged to plat
the property in order to show the necessity of keeping
the street open to allow me access to the west end of
my property from Southmont street.
4. It has been montl oned in planning and zoning committee
meetings that not closing the street would allow for
Southmont to eventually be extended to Teasley which
would not be desirable.
This in fact is not the case since I only wish to
extend the street far enough to meet minimum City
requirements in order to be able to obtain a building
permit, i.e., seventy feet. I am prepared to enter
into a binding agreement not to extend the Southmont
to Teasley or, alternatively, to place a cul de sac;
at the and of Southmont which would effectively
terminate the street permanently.
This action would prevent the street from being un-
desireably extended to Teasley and would provide the
Southmont development with only one way In and one
way out which appears to be their desire Pox security
reasons.
NZCCUISTION & COMPANY
November 30, 1982
Denton City Council
Page '?three
I have also been prepared to agree to the closing of
southmont so long as I, or any future owner, am
allowed to &xtand it into my property and am granted
permanent access. This compromise would allow me the
necessary access and allow the developer to have the
private street he desires.
To date, I have received no favorable response to
this compromise from either the Planning and Zoning
Commission or the developer which has forced me to
explorri legal remedies for the preservation of the
market value of my property.
This type of action is undesirable for all parties
involved, particularly when reasonable compromises
could be made which would inure to the benefit of
all concerned.
Finally, I request that each of you carefully consider the
desires of the surrounding land and homeowners in closest
proximity to the pxoposed development. Mention has been made
of the additional tax base to be added with this development,
however, additional mention should be made regarding the
millions of dollars that have already been added by the develop-
ers and residents of Montecito and surrounding areas.
I submit to you that the failure of the council to approve this
zoning request will riot prevent the ultimate development of the
area even if it shoulZ-prevent this particular development.
I also ask you to consider whether or not this development and
zoning is truly in the best interest of the in general,
or whethe-, it is more in the interest of~a very small group of
private d.,velopers and business interests.
Thank you for your consideration.
Sincerely,
John W. McCuistion
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PRTITION FAR APPROVAL, OF
PLAT AND ZONINO FOR TIN SOIITHIiONT tI,ACr ADDITION
_ TO THE CITY OF DMON
We, the undersigned concerned citizens of Denton, and
ownurs of property in the City of Denton, Denton County, Texas,
having seen and reviewed the preliminary plat of the Southmont
Place Addition and the artist's renderings of the general type
of construction proposed for said ,adktttion, 3o reproxent to
the Planning and Zoning Commission of the City of Denton, Texas,
and the City Council of the City of Denton, Texas, that we
recommend ap~roval of the Southmont Place Addition, as submitted.
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PVTtTION FOR APPROVAL OF
PLAT AND ZONING FOR THE SOUTHMONT PLACE ADDITION ~ y ~S
TO TH. CITY OV PENTON
We, the undurslgned concerned citizens of Denton, and
owners of property in the City of Denton, Denton County, Texas,
having soern and reviewed the preliminary plat of the Southmont
Place Addition and the artist's renderings of the general type
of const"otion proposed for said addition, do represent to
the Planning and Zoning Commission of the City of Oet%"on, Texas,
and the City Council of the City 'of Denton, Texas, that ve
recommend approval of the South Place Addition, as submitted,
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PETITION FOR APPROVAL OF
PLAT AND ZONING FOR TM SOUTIMONT PLACE ADDITIOM
TO LFfITY OF DENTON
We, the undersignod concornad citizens of Denton, and
owners of property in the City of Denton, Denton County, Taxer.,
having seen and ro,eitwed the preliminary plat of the Southmont
Place Addition and the mrt,lst's renderings of the general type
of construction proposed for said addition, do represent to
the Planning and Zoning Cosmiaston of the City of Denton, Texas,
and the City Council of the City of Denton, Texas, that we
recommend approval of the Southmont Place Addition, as submitted.
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PETITION FOR APPROVAL OF
PLAT AND ZONINO FOR TII& SOUTHMONT PLACE ADDITION
T,TTL F CITY OF DENTON
We, the undersigned concerned citizens of Denton, and
owners of proporty in the City of Denton, Denton County, Texas,
N
having seen anti reviewed the prelimtnnry plat of the Southmont
Place Addition and the artist's rendorogs of the general type
of construction proposed for said addition, do teprosent to
the Planning and Zoning Commission of the City of Denton, Texas,
and the Cit) Council of the City of Denton, Texas, that we
recommend approval of the Southmont Place Addition, as submitted, 94
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Deoomber S, 1982
Tot 2iember4 of the City Council of Denton, Texas.
Proposed amendments to "An ovdinanns smendtog end reenaotin6 appendix A to the code of
ordinances of the City of Dentin, Texas , 't relating to subdivision sod lsnd develop-
Mont regulations", eto. Subloat of memormodum of August 31, 1582 to the Oenton
City council.
1, On p, 4, -Delete last peotenco to 1,03,8,
-Change 40-se4tton 100," to 400,14
Inesrt a now sub-seatlon "0," to read as follow t
"All deaistons of the Planning and Zoning Commission will become final on Approval
by the City Council,"
QLj#jALi It to assumed that much it not cost of the output of the W can be handled
by the Council no s no•objootion basis, without conoumlog a large ottoant of Council ttoN,
The suggestod warding will,however, give the Council in opportunity for sarutinx on
any cote it vishos to look at,
Without toga such change so the one proposed, property-owners who Not adversely
affected by a PU ruling have no tootruotiono as to how to proosodi dtvelopovA, on the
other hand, presumably could begin work Thursday morning on on approval groneod
wednosdoy Afternoon, foreclosing any appeal,
1 assume that the location of this provision to Article It vill make it controlling
for all deaistons of the PQ mentioned in the ordinance.
2, p. 5, Strike the aeotinoe beginning on una 6, 'The Planning And Zoatog 'Jommiaaton
shall be the judge . .
-Substitute tha following wordings
'the planning and toning Commission shall make the initial Judgment in all csaeo regard-
ing the appltostton of the following rules and regulations, subJeo•t to find
Approval by the City Council be provtdod in Article 1,03,4, "
3, Striko poragroph 2 of Chapter I of Artuale III, (p, 16)
Comments This pAragrsph is sotusl'.f mane convoluted sentence, I do not think it
is intelligible, and for t,tis reason I do not have A suggested re-write. I dog not
hove Any objsation to the content, And I assume it a mesning is clear to the dralter,
but it seems in need of rA w riling,
Concerning Article 3,04,,
4, p. 19, Questiont/ Is there a separate Zoning Ordinance, apart from this proposed
Ordinance? If so, does it provide for notification of proposed zoning changes to lAnd-
oveers of land within 200 feet of the property line of the proposed development'?
Is such notification by first-alsoa mall?
It is my intention to raise these points At the City Council meeting df December 1,
1982, r/~1
IA Ou.G+•~l.bi...
Stanley ThAmee
14:8 Xendolph Drive
387-2430
MINUTES Of THE CITY COUNCIL MEETINU
DECEMBER 14, 190?
S:3O P.M.
Trio Clty Council met in a special called meeting on Tuesday, Oecombor, 14,
1982 at 5,30 P.M. In the Civil Defense kooul of the Municipal building to
consider the following Ite+nsl
1. Executive Session)
A. Legal Matters Under Sec. 2(e), Art. 6252-11 Y,A.T.S.
b. Real Estate Under Sec, 2(f), Art. 6262.11 Y.A.T.S.
C. Personnel Under Sec. 2(g), Art 6252.11 Y.A,T,S,
0. Board Appointments Under Sec. 2(g), Art b252-17 Y.A.T.S,
The Council convened into the Council Chambers of the Municipal Building at
1100 P,M, to consider the iollowing Items:
PRESENT: Mayor Richard 0. Stewart, Mayor Pro Tem Stephens, Councilpersuns
Barton, Hopkins, Alford, Riddlesperger, Chow.
The Consent Agenda was considered:
A. bids
1. 19056 Boiler Machinery ?nsurance
2. 49067 Chemicals for water and Sewer Plant
3. 19012 Cable
4. #9076 Aluminum 'dire
0, Purchase Orders:
1. 15571? Bayer Electric
2. 155940 Ferrill Services
The award of bid #9061 was given to Ulxie Petro Chdmical, and was awarded by
draw decision.
Ridulesperger eutioned to approve. Barton seconded, The motion was Arrieo
unanimously.
f The Council opened the meeting to discussion regardlig public hearings.
A A puolic hearing concerning the proposed annexation of approximately 63.39
acres of land Socated along the east side of Mayhill Road north of the
Andrew loiWi ation, (Z-1541)
Charlie Watkins spoke for the staff. Watkins stated that there had been two
previous public hearings on Z-1541. He further stated that the staff
recorrvnends approval.
Allen Getz spoke in favor Of the annexation, Ile stated that he had previously
been oppol,s.d to the annexation, but ties changed his opinion,
George Hockins representing the Andrew Corporation (poke In oppositloo of the
annexation, He stated that it was the concern of the Andrew Corporation that
the property be maintained as long term light Industrial. He stated however',
that the Andrew Corporation did not wish to be at udds with the City, and
would tixe to have only the necessary property annexed,
Mayor Stewart declared the puolic hearing closed.
@, This is a public hearing concerning the proposed annexation of
approximately 111.72 acres of land located along both sides of FM 1330
beginning approximately 200 feet south of Hoosen Lane. (Z-IS42) (Tire
Wending and Zoning Couvaissiun recoaranends app :val.)
Charlle watkins spoke for the staff. He stated that the staff r'ecd+mierlds
apprelvai of annexation. He fur'y' stated that tlid Planning and Zoning
Uepartment had received very little input from persons livlny in the area, He
suited that th15 annexation originated oecause of a request for a utility
exnension in the area. further, no explained that the area is aimOSt
completely surrounded by the City as It is now,
No One spoke in favor or in Opposition of the annexatlon, Mawr Stewart
declareo the puolic nearing closed.
Minutes of the City Council Meeting
Oocember l41 1982
Page Two
C, This is a public hearing concerning annexation of approximately 122 acres
of land beginning In the centerline of td,vards Road approximately 1,800
feet east of Mayhlll Road, (Z-1549) (The Planning and Zoning Comnisslon
recommends approval,)
Charlie Watkins spoke for the staff, He stated that the staff recommends
approval of the annexation, He further explained that this was the third
public hearing on this annexation.
No one else spoke in rayon or In opposition of the annexation,
Mayor Stewart declared the public hearing closed.
u. This is a public hoarin99 concerning annexation of approximately 24 acres
of land located inmediataly east of the Denton Sewer Tredtment Plant,
(Z-1550) Planning and toning Commission recommends approval,
Charlie Watkins spoke for the staff, He stated that the staff recommends
approval of the annexation,
No one else spoke in favor or in opposition of the annexation,
Mayor Stewart declared the public hearing closed,
The Cityy Counc 1 considered approval of an ordinance canvassing the returns
and de•.lailing tno results of the City of Denton's Street bond Election of
December 11, 1982,
Hartung StUed t,iat as routine process an ordinance canvassing the election
is required, He further stated that aft the staff was dissappointed In the
results, however he went on to state that they were 91',tified that the
citizens did approve the four items that were passed. He asked the Council
for inpit as to which direction the staff shuuld go froin this point,
Hartung reported that the City Council may wish to consider putting together a
Proppr,Silion to include those streets that are in most need of repair and
paC aging this with the bingo election that IS scheduled for January 15, 1983,
R'adlesperger asked Hartung when a decision would have to be made In order to
,lace the streets on the January ballot, Hartung stated that this would need
to be done prior to Tuesday, December 21, 1932,
Counciiperson Alford expressed the Council's thanks and appreciation to the
press for the coverage received regarding the bond election.
Counctlperson Phew expressed his appreciation to Kietn Sheldon,
The following ordinance was presented;
No, 82.105
OROINANCF CANVASSING ELECTION RETURNS
Whereas, the City Council of said City ordered an election to be held in
said City on December 11, 1982, on the propositions hereunder stated; and
Whereas, said City Council his investigated all matters pertaining to said
election, including the ordering, giving notice, officers, holding, and making
returns of said election; and
Whereas, the election officers vAhG ;!eld said election have duly made the
returns of the result thereof, and slid returns have been duly delivered to
this City Council.
The Council of the City of Denton hereby orda ns:
1. That the City Council officially finds and determines that Said
election was duly ordered, that proper notlco of said election was duly given,
that proper election officers sere duly appointed prior to said election, that
said election was duly held, that due returns of toe result of said election
have been made and delivered, and that tie City Council has duly canvassed
said returns, Gil in arcoroanre with law and the Ordlnance calling said
election.
Minutes of the City Council "reetin9
December 14, 1982
41
Page Throe
2. That the City Council officially finds and detarnrlnes that the
following votes were cast at said election on each submittdd proposition, by
the resident, qualified electors of said City who voted at the election.
3. that the City Council officially finds, detormines, alto declares the
result Of said election to be that each of the foregoing propositions number.
214,6 and 1 so suomittod has recelved a favorable majority voto in all
respedts and has carried, and that the bonds voted thereunder may be -issued In
accorearlce with law; but that each of the foregoing propositions numbers 1,3
and 5 failed to carry, anu that no bonds shall oe issued thoretrnder.
Barton motioned. Hopkins secon'.ad. On Roll Call Vote carton, aye, Hopkins,
aye, Stephens aye, Alford, aye, Riddlosperger, aye, Chew, aye, Mayor Stewart,
aye. The cation carried unanimously,
b. Discussion of an ordinance establishing A license fee for Coln operated
dnrusement establishments.
Councilperson Alford requested to near r;vger Bresnahan, drosnehan stated that
his family owns and operates two viuSernent centers in Denton, He stated that
his centers are not trouble spots. He further stateu that Ira is not in favor
o
Maor f this ordinance. yy
discusstItaat aslater tdate, Taylorrstif It ated thatdcertainllyrcouldabeetabled aat
this time, however he recomended that the Mayor ask to hear from anyone else
who may be in the audience.
David Arno Caine forward, fk stated that lie was in opposition to this
ordinance. He further staled that the there are many types of amusement
machineS, and that each of those be considered, "not just the vldeo".
Mayor Stewart asked Attorney, Taylor is it would be possible to tax
differently on machines that bring in primary anu secondary Income. Taylor
stated that me City is limited in this regard. He stated that the City may
tax less than the State allows, out cannot tax more. He stated that It was
nls fouling that Arno was asking that certain machines be exempt, and the
State taw does not make that distinction.
Arno requested that If the City does establish an ordinance taxing amusement
machines that It be written the samo as the State ordinance.
E. J. Dane Caine forward. He Stated that he Is In opposition to the
ordinanee, He stated that the ordinance rr written in such a way to become "a
nighlipare of paperwork", He further stated that he has no problems with the
tax on the machines, it is the way the or•dinanc9 reaos that tuncer'ns him.
Bub Abram came fOrwaro. He Stated that he is agreement with Dane and
dresndrthtn.
Barton motioned to table the ordinance. Hopkins seconded. Tne motion carried
unanimously.
The Council considered the approval of an ordinance to rhdrge overtimd fees to
contractors for construction inspections.
The following ordinance was presented;
NU. 82.106
AN OROINANU AMENDING SECTION 21.46(f) VF CHAPTER 21 OF THE CODE UP ORDINANCES
OF THE CITY OF DENTON, TEXAS RELATING TO INSPECTIONS UP STREET AND SIDEWALK
EXCAVATIONS AND ALTERATIUNS; PROVIDING FOR CHkgGES FUR UVERTINE INSPECTIUNSi
ANU DECLARING AN EFFECTIVE OAT'c.
Rick Svehla spoke for, the staff. Svchla stated that this hdu ueen discussed
during buoget preparations last swm er, He further stated that It was Stair's
recomminoatrion to charge contractors overtime for inspectors to rune on site
after normal workirig hours.
T
Minutes of the City Council meeting
Ueeemver 14, 1982
Page Four
Councilperson Hopkins askew SYOhIA If we indeed nod Inspectors going out to
sites on weekends and after normal working hours.
Svehla stated that not normally during the building stages of construction,
However, he stated that in order to facilitate the work, Inspectors are often
calleo out on Saturdays,
Councilperson Hopkins asked if the contractor would he Informe,. the time
Jobs were sent for bid that if there was a need for the Inspe1.. *s t, come out
on weekends or after hours overtime rates would be charged,
Svuhla stated that this would be included in the bids,
Hopkins motioned, Barton sedonded, On Roll Call Vote Sarton, aye, Hopkins,
aye, Stephens, aye, Alford, aye, kidalesperger, aye, Chew, aye, Mayor Stewart,
Aye, The motion carried unanimously,
The Council Considered the approval of a resolution luthorizinq the City
Attorney to initiate conaemnation proceedings for property described therein
for winusor Orive expansion and improvement,
Rick 5YO111A Spoke for the staff, He stated that the track of property
Involved is on the south side of 'winosur Drive,
Mayor Pro Tem Stephens asxed Sveela If the staff had 90110 to every reasonable
degree before reaching the decision to condemn the property.
Svehla stated that it had.
The following resolution was presented;
R E S O L U T 1 0 N
WHEREAS, the City Council of the City of Denton has hereto- fore
Determined the necessity for and Ordered the acquisition by the City of Uenton
of the hereinafter described "Ight, title and interest in the land hereinafter
described; and
WHEREAS, the City of Uenton has been unable to agree and cannot agree with
the owner upon the value of the hereinafter doscribeo right, title and
Interest in the hereinafter described land situated in the City Of Uenton,
Denton County, Texas, NJh, TUREFOR£,
'.'E IT R'.ALVED LY THE CITY COUNCIL OF THE CITY OF DEMON, TEXAS;
SECTION I,
The City Council neveby finds and aetermines that it Is necessary to
acquire the hereinafter uascriUed rights, title and interest in the
nereinafter described land, and that it is necessary that it authorize
proceeding in bwlnent OOnialn to acquire the right, title and interest in the
hereinafter described property,
SECTION H.
The City Attorney of the City of Uenton, Texas, is hereby autnorized and
directed to bring condemnation proceeding to obtain the fee simple title,
Including all improvements thereof, to the rollowing tract of land situated In
Oentun County, Te.x3sl
Minutes of the City Council Meeting
December 14, 1982
Page Five
All that certain 0.157 acre tract or ppartial of land situated in the 0,6,8, 6
C.R.R. Co. Survey, Abstract No. 186, Oentd❑ County, Texas, sale tract 00109
part of a tract shown by dyed to 8. M. Ennis and recorded in Volume 1001, Page
$42, of the Deed Records of Denton County and being more particularly
described as follows:
BEGINNING for the northwest corner of the tract being described herein at a
mark found In the concrete at the northwest corner of said Ennis Tact;
THENCE south 68047150" east 271,39 feet to the northeast corner of a brick
colunn;
THENCE south 02014'59" we;t 25.82 feet to an iron pin set in the ground on
the south line of proposed Windsor Drive;
THENCE north 88027'27" west with the south line of said proposed road 148.53
feet to an Iron pin set in the ground;
THENCE north 89000132" west with the south line of said proposed road 122.40
feet to an Iron pin set in the ground;
THENCE north 01012149" east 25.39 feet to the point of beginning,
for street and utility purposes; with the title thereto vesting in the City of
Denton; however, there is excluded from said estate to be condemned all the
oil, gas and sulpher which can be removed from beneath said land without any
right whatever remaining to the owner of said oil, gas and sulpher of ingress
and egress to or from the surface of said land for the purpose of exploring,
developing, drilling or mining the same.
SECTION ill,
i
This Resolution shall become effective from and after its date of passage.
PASSED AND APPROVED this the 14th day of December, 1982.
R1CHuAf 6, JTEdARTT,-WKYM
CITY OF DENTON
ATTEST:
VICKI M L U
DEPUTY CITY SECRETARY
CITY OF UENTUN, TEXAS
APPROVED AS TO LEGAL FURht
C. J. TAYLOR, JR „ CITY ATTURNEY
CITY OF UENTUN, TEXAS
BY:
The Council cdnSidered the approval of adjustment of personal property tax.
Hartung spoke for the staff. He stated that this Stern had been discussed
several weeks previously, He further stated that a list naa been rereived by
staff feim Councilpersoo Hopkins, and that in all cases but one the persons on
the list were still unable to be located, The one individual who eras Able to
be contacted is Felix E, Clearman.
Minutes of the City Council Meeting
December 14, 1982
Page Six
kiddiubPerger motioned to approve the list deleting Cleat-man. Alford
seconded. The motion carried unanimously.
The Council considered approval of the request of Mr. Frank Strickler in
installing a fuel storage tank au the Uenton Municipal Alrport.
Hartung spoke for the staff. He stated that the staff recommends approval.
Hopkins motioned. 3arton seconded, The motion carried unanimously.
The folloring action was taken On Items discussed In Executive Sesslon;
A. Legal Matters We,, Sec, 2(e), Art, 6252-I1 Y.A.T.S.
The Council considered tha approval of a contract amendment with
Construction Management Corporation.
CheN motioned. Garton seconded, The motion car,1fed unanimously,
G. Real Estate Under Sec, 2(f), Art. 6252.11 Y.A.7.S.
No Action Taken
C. Personnel Under Sec, 2(g), Art 6252.11 Y.A.T,S.
No Action Taken
U. Board Appointments Under Sec, 2(g), Art 6252-11 Y.A.f.S.
No Action Taken
The item of New Business was discussed.
City Manager Hartung asked for direction as to whether or not to continue with
streets and drainage situation and Consider this for the January Election.
Mayor Pro Tem Stephens stated that tine Staff should put together a
recommendation and contact the Council IS sods as possible to oetermine if an
emergency session of r.he City Council wouiO be warranted,
The aeeting ended At 8;00 P.M.
APPHUY£Ot -
Richard U tewart, Mayor
HITEST;
ck 'dest~Tiny, •Geputy ty Secretary
U155M
City Council Minutes
Uecenbar ?.I, 1982
Regular Meeting of t h a City of Denton Cily COMIC II Oil Tuesday,
December 21, 1982, at 5130 p,m, in the Civil Do( un5a R)um of the
Municipal 8utld1119 to race iva a report from Or Flanagan, Uve to an
emergency, Ur. Flanagan was unabla to attend,
The Council then adjourned into Executive $d5510P fo discuss legal
Matters, Real Estate, Personnel, and Board Appointments.
The Council then convened i n t 0 the Regular Moeting at 7100 pill, in
the Council Ghambers.
PRESENTI Mayor Stewart, Mayor Pro Tom Stephens, Council FIembers
Barton, Hopkins, Alford, kid (I lesperger, and Chew; City
Manager, City Attorney and City Secretary.
ABSENT: None
I. The Council received a report from Pal >arde of the Denton
Sesquicentennial Committee. 145. 'darue reported that the Master plan
n a d been submitted to the state and the City 0f Uonton It ad been
s a n c t t o n e a as a So squIcentennia1 city. Ms, warde stated that Denton
was the second city to receive official sanction by the state and
presented a plaque to the City Council,
The Council considered approval of extension of the
employment agreement with the CILy `I,naVer.
Alford motion, Ridnlesperger second to approve the agreement.
Motion carried unanimously,
31 Tne Council considered approval of extension of the
employment agreemont with the City Attorney.
Chow motion, Barton second to approve the agreement, Motion parried
unanimously.
4. The Council coos iderr.o a, salary adjustment for th:~
Municipal C a v r t Juage.
Barton motion, St P..phens second t0 approve the salary aIj11 Stme11 L,
Motion carried unanimously,
b, The Council considered appr w al of bio 4 901'2 fur r•e and
Cable, Item 5.
To,a Shaw of the Purchasing Department reported that the bid had been
delayed due to an evaIUat101 of t11e low hidden,
Barton notion, Alford second to approve the bid, Motion carried
unanimously.
6, Consent Agenda
Hopkins asked to have ILein l.A.I removed. Stephens asked to have
item 1.C.2 ramove0.
Chew motion, Barton second to approve the Consent Agenda nlth the
exceptions of Item 1.A.) and I.C.2. Motion carried unanimously,
Consent Agenda)
A. bids and Purchase Urdersl
I. Bid + 906b - RooovutIan of heating, air
condittnnin9 and veii tiiatlon fur Central Ftr'a
Station.
Did 4 9069 - AuSUmotivia and Industrial )atterIes
3, biu 1 9015 - Pole hanuliog equipmen1.
Cityy of Oorrton City Coinr,ll Minutes
Meetiny of 0eceinber 21, 1982
Page Two
B. Change Orders;
1. Consider Change ord, 111, C•48-!188.03
Wastewater Treatment Plant, for Gracon
Construction Company. (Tho Public Utility board
recommends approval.)
C. Plats
1. Approval of the final plat of the Bell Place
Addition. (The Planning and Zoning Commission
recommends approval,)
2. Approval of the final plat of the Dunning
Su division - phase I. (The Planning ano Zoning
Commission recummenos approval.)
3. Approval of the final eeplat of Lot I, Section I,
Freeway Park Addition. (The Planning and Zoning
Commission recommends approval.)
Item I.A.I. Hopkins stated that there was confusion among
tho contractors bidding on Bid 1 9066 for the renovation of the
healing, air conditioning and ventilation for the Central Fire
Station. A lower bid was received but was not honored because it
was not for the specified equipment. Hopkins slated that additional
study needed to be done to determine if equal equipment deserves
consideration.
Hopkins motion to rebid with alternate specifications, Riddlesperger
second.
Council Member Stephens asked if it is a common practice to rebid if
specs are sent out and bids come In which are net according to specs.
John Marshall of the Purchasing Department stated that oilier that
happuned, the bid was usually considered as an alternate biu, On
bid 1 9066, alternate equipment was not spa CIfIed due to
compatibility problem with ex istinq units, with rebid,
specifications will need to be revamped to be fair to all bidders as
cost figures have now become public.
Stephens, Alford, Riddlesperger, Hopkins, Stewart "ayeChew "nay"
and Barton abstained. Motion carried 5 to I with 1 abstention.
Item I.C.2. Stephens stated that some citizens wished to
address this point as It invoIYv0 prior docisluns maae by the tits
• Council.
Mr. R. B. Esis ue, Member of the Planning and Zoning Commission,
presented a minority report from the P&Z. Mr, Escue stated that tdr
the first time on any drawing, a right-of-way for Ridgeway nriic
Indic atIng the street to be d0 feel, Mr, Escue had discussed wttb
City Staff members the ambiguity of the right -of -way. He then read
a portion of the Minutes of the Decemher 1, 1982 P&Z meeting whICh
stated that straight toning which was granted by the City Council
r does not allow for the imposition of conditions, The Denton
De velopmenL Guide which was adopted after this zoning case shows
kldgeway Drive as a secondary arterial street. Mr, Escue stated
that he did not know if It was the Intent of the Council, but the
Staff believes chat the adoption of the Denton Development Gulaof
rescinds the action of the Minutes of March 4, 1980, i'r. Escue
► asked if the Council wished :d rescind the action, Mr, Escit e
questioned the pIaeement of tn's Item on the Consent Agenda as It
restricted public attention and 'united public discussion on whether
or not Frei 2181 should be a part of Riugeway Drive as was being
considered.
c
Cityy of Denton City Council Minutes
Mooting of December, 21, 1982
Page Three
Dr, Roland Vela, resident of Southrldge, stated that the oponing of
a major arterial speodway through an residential neighborhood had
been discussed before, It was the undoestanding of Mr. Vola and the
developer, Mr. Dunning, that an acceptably solution had previously
been reached, After inquiring, Or, Vela stated that Ito had found
that it war not the City Council or the developer who was initiating
this aetlo.i, but rather the Staff who was finding a solution to a
problem which did not exist, Mr. Vela stated that using Ridgeway as
a ma or traffic artory cutting directly through a heavily populated
resldential area would create a tremendous problem in the ne.t
decade. The residents do not thlok this would be fair. Or, Vela
status a concern at the role that the City Staff had played in this
Issue, As a group, the Southridge citizens were not opposed to
development but they were opposed to bad planning, He felt that
this was a bad plan and a very bad solution to the problem of
traffic on Teasley Lan+, A traffic circle leading to the Mall would
r o s u I t If Teasley Lane and Ridgeway are connected. This circle
would create a problem winch would be more dangerous than it is
now, Or, Vela stated that he favored improvements on Teasley Lane
rather than joining it with Ridgeway. He appealed to the Council to
defeat the plan,
Dr. Riddlesperger asked If t h o proposed plan looped around
Sou thr idge rather than going through the residential area,
Or, Vela pointed to the area In question on an overhead projection
map, Or, Riddlesperger commented that by looking at the map It
appeareo that if the street came more south, it would miss
Southeldge, Or, Vela stated that was what the residents would
prefer, but with the proposed plan, the traffic would be one block
away from the residential area, i'he connecting of Ridgeway and
Teasley would create more traffic congestion.
Riddlesperger asked why the plan would not relieve Teasley Lane
traffic as paople who were going to the mall or to town that now go
down Teasley 'Lane could use kldgeway to access 35,
Council Member Hopkins added that the widening of Ridgeway would
elidlinola the traffic In front of Sam Houston Elementary School and
decrease the traffic.
vlayor Stewart asked Or, Vela what Itie would suggest,
DI•. Vela stated that the previous solution to have the area platted
according to Mr. Dunn ing's plan was acceptable to the Southrtdge
citizens,
Stephens quoted from the Count II Minutes regard Iny the width of
Ridgeway Drive being set at GO feet,
Riddlespergger asked De. Vela if the argument was with the 60 foot
width of Ridgeway,
Dr, Vela responded that was correct as wcll as the subsequent zoning,
Mayor ste.rart stated 'fiat the zoning would stand unless someone
requested a change,
Dr. Vela replied that the residents were not asking for a than^e In
zoning.
Riddlesperger asked If the Council should net leave the 80 foot
e right. - of - way f or• the future.
+-lnyor Stewart asked if It r, Vela did not agree that the City needed
more outlets to the Aiuntecito and Scuthrluge area into the City and
to the freeway,
Dr. Vela agreed that +nore access routes were needed
~s
City of oorztort City Council Minutes
Meeting of Dveothbor 21, 1982
Page Four
far, Richard Johnston Peas id on t of tit a So utfit, idgo Ho+neowners
Association, stated he wishud to speak tc tine issue of safety, Mr,
Johnston reported to the Council that the association had Conducted
3 traffic surveys In the previous 3 days and had counted I400 cars
per hour at the Intersection of Loop 288, 1.35 and the service
road, If a major arterial street was added Into this intersection a
traffie light would have to be installed. It is only 100 foot from
toe obvious IoCat toil for the traffic light to the off ramp. Traffic
would stack up on the off ramp, Mr, Johnston stated that traffic
stacks up on 288 now and the widening of Ridgeway woulo only
:ompourld the problem,
Mr, George A. Christy, Southridge resident, stated that a
substantial number of residents were in attendance, and others who
were not able to attend due to the short notice, were concerne(i.
Mr, Christy read a latter If roin Mr. Robert Wood in requesting the
Council to reject the proposed plat,
Mr, David Dunning, managing partner of property, stated that lire
develoers had agreed to a plan 2 years ago and intended to IIve by
It, AO 80 foot street width was recommended by the CIty, MI,.
Dunning stated that his interest was in C: eloping the land and that
If the Issue was not resolved, he would have to hog in the approval
process over which would take another 60 to 90 days. He reported
that his property was only one segment of Ridgeway. Me. Dunn irig
Suggosted that the Council m19lit approve the 80 foot right -of•way on
the one segment and then reduce tine site of the right-of -way on the
other two segments as they had not been platted yet,
Riddlesperger askeo what percentage of Ridgeway was 80 feet. Mr,
Dunning replied approximately 25i:,
Mr, 8111 Nash, engihear , referred to the map to show Z 0 n I A 9 and
pointed out the area to be served by the 80 foot right-of •way, Mr,
Nash stated that this was originally approved as 60 feet
right-of-way, but the first section was 10 fa et and had two five
foot ease,`ents on both sides. there Is a 30 Inch water line going
down Ridgeway which will take room,
Mr, Jay Saunders, Sou thridge resident, asked the Council to go back
to the original plat which called fur the 60 foot right-of way
because it one section was 80 feet, the others might be individually
widened to 80 feet,
Mr, frwen Spruance, Southridge resident, stated that he had looked at
the plats On file at City Gall. Mr. Spruance requested that the
issue be tab Iad as the portion in question was Only 800 feat in
length and he would like to see the entire plat of Bldgeway,
Chris Hartungg, city manager, stated that he appreciated the commants
from the cltIzans and that there were Santa real Issues and
cuncarns, The policy regarding thorofares are eatabllshed in the
City's long range thorofare planning process, hartuug stated tf.at
this is what the Staff looks to in determining how the City will
develop physically. This is the process that this Council, previOUS
Councils and the Planning and toning Commission have Indicated to
the Staff that they would like for all development decisions. When
the Denton Development Guide was passed by the City Council and the
Planning and Zoning, a master thorofare gulde was included which
Indicated a thorofare In this location. Hartung reported that
interest had been expressed to the Staff after the opening Of Sam
Houston Elementary School in August in connecting Ridgeway Road and
" about providing relief from traffic cdngestlon. In that regard, the
Staff reviewed several alternatives for facilitating the connecting
of Ridgeway Drive between interstate 35 and Teasley Lane. Since
street coils Lruction funds in the City are extremely IImitad, an
attractive alternative would be to encourage the State Highway
Departrnent to become involved, Hartung then read frond tine Minutes
of the PdZ Apr 11 28, 1982 Study Session regarding the thorufare
plan. Mr, Rartong stata0 that he felt sufficient right-of-way
should be pravided now rot, the future,
r
City of Donto'1 City CounciI Minutos
Mdutiltg of December 21, 1982
page Five
Stephens asked whether the Covtic II could legally approve the final
plat with the understanding that the right-0f-way 1110y be reduce0
down to the earl ter agreeo upon 60 foot,
City Attorney tailor reported that the Council could approve the
plat as submitte to approve the plat with the provision that the
street right-of-way be reduced to 60 foot before it is approved by
the Mayor and the City Staff and for filing with the County ("irk,
Stephens motion to approve the plat with the provision that the
street right-of-way ue reduced to 60 feet before its approval by the
Mayor and City Staff, Riddlesperger second,
Hopkins asked Mr. Hash to explain why the plat originally showed 70
feet with two 5 feet easements,
Mr. Hash reported the reason was that since this was a Commercially
zoned area, there was a need for right turning lanes aid extra
right - of -way and also because of t!he 30 inch water line, The 60
font portion was to pick up behinri Mr, DunnIn91s land and go from
there on,
Hopkins asked if the 70 feet with the 5 feet easements on either
side are pertinent only to the first 800 feet,
Mr, Hash stated that this was tree,
Council Member Barton pointed out that Dr Stephens motion amended
the City thorofare plan,
Mayor Stewart stated that neighborhoods need to keep abreast of
changes made during development of land. Stewart stated the 80 feet
portion would provide the turning lanes and would increase the flow
of traffic off of and on to the Interstate which seemed advantageous
to the Southridgo residents, At the present time, Teasley Lane is
the only street leading into and out of Southridge and Montecito.
Riddlesperger stated that he looked at Ridgeway as a necessity and
even if only a 60 foot street were built, the 80 foot right-of-way
would prepare for the future.
Hopkins stated that he saw it as a necessity as well and that the
City would have to buy the right-of-way In the future, Also, the
school which was already constructed needed the traffic pressure
alleviated, Hopkins reported that he bel loved the widening of
Ridgeway would reduce the traffic on Teasley.
Stephens stated that If the new Loop 288 Is approved, it would
absorb the traffic load into the Mall,
Stewart pointed out that the southern loop had not been approved by
the state,
Hopkins stated that the City could not Control the southern loop'
Barton reiterated that he thought the Staff had no choice but to go
along with the F.0 foot right-of-way recommendation as they were
following a plan which had been adopted by the Council as policy,
Riddlesperger stated that he thought the Staff did exactly correct,
Stephens repeated the motion the approve the plat and reduce the
a right-0f-way t0 60 foot as previously agreed upon in a compromise
between the developer
Riddlesperger moved to amend the motion to allow to plat to continua
with the 70 foot with the b foot easement, Hopkins second,
Barton asked For the CiLy Attorney's opinion,
Cityy of Denton City Council Minutes
Mouth? of Doc ember 21, 1982
page Sf x `
Taylor stated that the easements which were being discussed were
$11 nod aria given to the City by the developer and that these were
utility easements and not streut right -of -ways,
Hopkins polntad out that a 60 foot easement would not handle the 30
Inch water line.
Stewart called the vote on the amendment to the main motion to go
back to the plat as presented on the agenda, Barton, Hopkins,
Riddlesperger, Stewart "aye"; Stephens, and Chew "nayMotion
carried,
Barton asked to thing., his vote,
Hopkins asked the Mayor to restate the question,
Mayor Stewart stated tine veto was on an amendment to the amendment,
The amendment to the amendment was that the Council go back to the
original plat of 70 feet with some areas with 5 feet on the side,
Taylor asked if the vote on the amendment of Mr. Riddlesporger to go
back to tha original 80 foot width passed,
Mayor Stewart reported that it passed but Mr. Barton had changed his
vote.
Taylor stated that the motion before the flour was to approve a plat
with an 80 foot street,
Mayor Stewart stated that since the vote was tied, the Council would
now go back to the orlglnal amendment which was that the Council
adopt the plat with 60 feet Instead of 30 feet. Barton, Stephens,
Chew "aye", Hopkins, Riddlesperger, Stewart "nay", Tie vote.
Hopkins motion to approve the plat with 70 foot right-of way,
Riddlesperger second.
Stephens stated that the earlier discussion was between a 60 and an
80 foot right-of-way, not 70 feet, He stated that he opposed the 80
faet,
Hopkins remarked that with a 60 foot right-of-way, the City could
not install a water line,
Barton stated that he wanted to draw attention to the fact that the
Council bas lea Ily was against extending' 80 feet to connect to
Teasley and that as a policy matter, It certainly would not go
beyond this one plat, However, the developer should not be punished
as the zoning was correct. Barton stated he would vote for the 70
feet right-of-way with the understanding that other plats might not
pass as easily,
Stephens asked if the motion was for 70 feet - 60 feet of street and
two 5 feet on each side for utility easements,
Hopkins stated that his motion was for 70 feet right-of-way and that
the utility easement might be put all on one side, 4
Taylor stated that following the hearing when the Council approved
the 60 foot right -of -way, the developer executed and signed the
utility easements, The Council can change the width of the street
to 70 feet, but if the easements are moved another instrument will
A have to be slgneo,
Council Member Chew asked Dr. Vela if the Southrldge residents would
go along with original 1980 petition.
Vela stated that the 1980 09reeuenIt Has reached to everyone's
satisfaction,
Clty of Denton City Council Minutes
Meeting of December 21, 1982
Page Seven
Stephens asked how wide the actual pavement would be on a 60 or 80
foot right-of -way,
Rick SvehIa, Assistant City Manager, reported that the City has
built as small a four-lane s treet as 45 feat. Due to the traffic,
the Staff would recommend a minimum of 49 feet which would leave
some room on Qach side, lie also stated that there would be a
problem with a 30 Inch water line, The City would need additlonal
ruom to install the water lino, The State requires DO feet
right-of-way before they will provide assistance,
Hopkins withdrew his motion for 70 feet,
Chew motion was to adopt in the March 4, 198U plan calling for 60
feet with two 5 feet aasomen tS which 'was presented to the City
Council, Stephens second, Barton, Stephens, Riddlesperger, Chew,
Stewart "aye", Hopkins "nay", Motion carried 5 to I,
7. The Council Considered a request by the Denton Area Service
Enterprise Committee for a new ordinance aftecting the operating
hours of private clubs in Denton,
Dr, Steve Gorman, representing the Denton Area Service Enterprise
Committee, requestud the Council to amend the ordinance repealing
late hour, opening of bars, He stated the cummittoe h o u I d I I k e to
reinstate the 2;OU a,m, closing on Wednesdays through Saturdays,
Or, Riddlesperger stated that the citizens of Denton had voted on
this issue less ti, an one year ago and he did not feel that the
Council had the right to reverse that vote,
8, The Mayor reported that the appearance by 1-1 r, AI Testa
regarding the rock crushing plant proposed to be opened in Bolivar
hod been removed from the agenda,
9, The Council considered a request from Mr, R, J. Button,
Lakewood Estates Mobile Hume Park, for water and sewer service
outside city limits of Denton,
Mr, Button hand:d out brochures and stated that this proyect had
been under construction for approximately 60 days,
riopkIns motion to grant water and sewer service 'o the Lakewood
Estates Mobile Home Park and to begin annexation proceedings, Chew
second, Motion carried unanimously,
10. The CoancII then considereo approval of an agreement with
the MKT Railroad and the State Highway Department to install
crossing yates at the MKT tracks and Prairie Street,
Stephens moricn, Chew second to approve the agreement, Me lion
carried unani,aously,
II, Tile Council approval of a lease agreement witn Hexagon
Buildings, inc., for a land lease at the Denton Municipal AirporS,
( She Airport Advisory board recommends approval,)
8111 Ongelo of the Clty Staff introduced Or. John Carrell, Chairaran
of the Airport Advisory Board. Or, Carrell stated that the board
had unanimously recommended approval
Mayor Stewart asked Mr, Decker Ayres of Hexagon Buildings if one
person could buy a1I of the hangars constructed on the based land
and then rent there to inJividuals, Mr, Ayres responded that this
eas a very strong possibility,
Hopkins riotIon, bartort second to approve the lease agreement.
Motion carried unanimously,
City of Dunton City Councll Minutes
Meeting of December 21, 1982
Page Eight
1E, The Council considered approval of an agreemunt with TexllS
Airport Management Services ( TAMS) for the management of the Dent an
Municipal Airport, (Tho Airport Advisory Board recommends approval.)
Dr, Carrell, ChaIvairn of tine Atrport Advisory Board, stated chat the
Board recommends approval of t h a agreement with TAMS,
Mayor Stewart asked Or. Carrell what TAMS was doing to generate new
revenues at the airport,
Ur. Carrell answered that the lack of adequate water lines n s d
hampered development but that thlrgs looked better for the future.
Rlddlesporger notion, Barton second to approve the agreement with
Texas Airport Management Services, Motion carrido unanimously,
13. Ordinances;
A. The Councll considered an Ordinance for abandonment of
easement and quitclaim on block one, lot two of the Redman Addition.
The following Ordinance was presented.
62.107
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY
EASEMENT WITHIN THE CITY OF DENTON AND AUTHOR 11ING T8E
MAYOR 17 EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT,
TITtA AND INTEREST OF THE CITY IN SAID EASEMENT TO THE
OWNER OF THE TRACT OF LAND CUNVEYE0 8Y SA 10 EASE14ENT; 4ND
DECLARING AN EFFECTIVE DATE,
He kIns aiotIon, thew second that the Ordinance be passed. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Rtddlesperger
"aye", Chew "aye", Mayor "aye", Motion carried unanimously.
ld, Resolutions;
A. The Council considered approval of a R-,olutien
authorizing the City of Uenton to support the Texas Municipal
League's 1269-M Task Forte Amendments governirig Police and Fire
Departments to the Texas Legislature,
The following Resolution was presented:
R E S 0 L U I 1 O N
M
BE IT RESOLVEU BY THE CITY CUUNCIL OF 1I1E CITY OF DENTON, TEXAS:
WHEREAS, it is one of the ba51c responsibilities of the
City Cf Den ton to protect the life and property of Its c1(+ ens
througL the operations of efficient, reliable ano affordable police
and firm departments; and
WHEREAS, it is increasingly evident froin morel tfan
thirty - five ( 35) years of experience that a major barrier in the
City of Denton's way in providing its citizens wlth the best police
and fire service possible is an antiquated slate law commonly krown
as 126g:n which dictates to cities how officers and firefighters .ill
a be promoted and disClplined without regard for local ,.Ircumstacces;
and
WHEREAS, Lhere Is documented evidence from all sectors of
the State of Texas that the fifty-flue (55) titles which tooay are
under 1269rn nave seen thelr police and fire chlefs transforme,l from
managers into administraturs by new limits lobbleo Into the law
i
i
Cityy of Denton City Council Minutes
Mae tin of December 21, 1982
Page Nina
every two years by unions representing the police Officers and
firefighters; and
WHEREAS, these increasingly harmful provisions have made
I'269m a law which fosters wasteful expenditures and Inefficient
management at a time when cities ceu revenue dwindling; and
WHEREAS, after long study and due deliberations, the
fifty-five ( 55) Texas cities under 1269m are joining In a concerted
effort to amend the law in the upcorning Legislature by giving police
and fire chiefs the power to manage tholr department, but to retain
portions of the law which give civil service employees necessary
protections; Now, Therefore,
SE IT RESOLVED BY THE COUNCIL OF THE CITY OF OENTON, TEXAS, THAT;
SECTION I,
The City of Denton, texas, believes that It is time to
return common sense into Texas Police and Fire Stations by amending
1269m to allow police and Fird chiefs to manage thole departments
more effectively through the appointment of qualif led deputies of
their choice, use of Improved promotion system Lechniquei, core
reasonable disciplinary rules and other relevant changes,
SECTION II,
That the Clty of Denton, Texas supports the Texas Nunl;fpaI
League's 1269m Task force amendments to i269m because It does
address issues which will return management back to police and fire
chiefs.
SECTION Ill.
That the City of Denton, Texas, now calls on all Texas
Legislators, especially those representing the citizens of our city,
to Support the Task Force Legislation which iuakes the necessary
changes to 1269m
SECTION IV,
That every citizen of LhIS City, every business an; the
Chamber of Commerce, plus other organizations, take a stand in favor
of Improvements to 1269in which will return common sense back to
Texas police and fl re stations,
PASSED AND APPROVED this the 21st day of December, 1982.
RICHA -0-0, AR n D
CITY OF DENTON, TEXAS
ATTEST;
Y CK dtSli
DEPUTY CITY SECRETARY
CITY OF UENTUN, TEXAS
APPROVED AS TO LEGAL ORM:
C. J. TAYLOR, JR•, CITY ATTORNEY
CITY uF OENTON, TEXAS
By
City of Contort City Council Minutes
Meeting of Ducemoer 21, 1982
Page Ten
Ken bolo, Secretary of the Don ton Firefighters Association, and
Tommy Nation, President of the Don ton Firelighters Association
handed out a Resolution wrIt ton by the state-wide firofighters
association and re Vested that the CovocII reJect the Texas
Municipal League kesoiutlon.
Barton motion, Rlddlesporgdr second to table the Resolut ton before
the Council, Dn roll tall vote Barton "aye", Hopkins "ayo",
Stephens "aye", RiddIesperger "ayeChew "ayeMayor "nay 11
Motion carried 5 to 1.
15, There was no official action on Executive Session Items:
A. Legal Matters
B. keal Estate
C. Personnel
D. Board Appointments
16. The: Council considered adoption of an Urdinance calling a
bond election for January 15, 1983.
This Item died for lack of a motion.
Hopkins asked to go on record as favoring pay as you go.
17. New business:
The following items were requested by Council Members for
consideration on future agendas.
Mayor Stewart asked that the Texas Municipal League 1269M Resolutton
be placed back on the agenda.
The meeting was adjourned at 10:20 p.m.
IZTCNARO U. STEPrvAI, MAYOR
CHARLOITE ALLEN, CITY CKE IARY
A
U559G
~ 4
CITY OF DENTON
MEMORANDUM
J
DATE OF MELTING: January 4, 1983
COUNCIL AGENDA ITEM 1) Consent Agenda
SUBJECT: Bid 0 9051 Final Payment to Graco Construction
SLIVARY: This bid was approved by Council on October 20, 1982
for concrete work for Denton North Interchange Ex-
pansion. The original contract was for $10,798.00
based on approximately 40 cubic yards of concrete
at $269.95 per yard. Due to design changes the
contractor, Graco Construction Company and the City
of Denton agreed upon a change in the amount of
27 cubic yards of concrete at $134,98 per yard. The
total change order is $3,644.46.
ACTION REQUIRED: Approval of final payment in the amount of $3,644.46.
SOURCE OF FUNDS: 1982-83 Budget Fund account 610-.008-0253-9217-1439.
RECOM]MLNDATION: Wii recommend this final payment be approved and
Graco Construction invoice be paid.
EXHIBITS: P rchase order #55511 and Graco invoice.
SUBMITTED BY:
Tom D. Shaw, C.P.N.
Assistant Purchasing Agent
CITY OF DSNTON, PURCHASING DOPT, PURCHASE ORDER NUMBER 55 ~
21MoKidney
762 R gggg D
Denton, 'Texas 78201
817/88$8311 DIPW Metro 287.0042 Dots Oct 21, 1962 No No, 9 51
Ttltlws W.o, No.
VtNCOR NO, r.
Grano Construction Co. 01"IVtaY AtCT, NO, 610008-0553-9217
1439
Route 1, Sox 17 $HIP
Tioga, Texas 76271.
Tol CITY Of DENTON
Matering and substations
901 Texas St.
Denton, Texas 76201
SHOW P,O, NO,ON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC,.3END INVOICES TO ACCOUNTS PAYABLE, THE CITY OF DENTON, TEXAS
I$ EXEMPT FROM SALES TAX At CaR HOUSE BILL 020, THE CITY OF DENTON IS PROHIBITED PROM PAYING FOR MERCHANDISE BEFORE IT IS
RECEIVED, ALL SHIPMENTS MUST BE P.O.B„ CITY OF DENT'ON, TEXAS.
ITEM CITY STOCK NUMBER DESCRIPTION QUAN,/UNY'r PRICE AMOUNT
11 Concrete work for Denton North Interchange Expansion ~,3 $10798.00
As per Bid Proposal and Acceptance,
Completion 30 days 13 ~14
I
%jg Bid proposal acceptAnaft subject to completion
before payment.
Contact Mr. Ray Wells for other- information,
EVIS
A,
LBYCOUNCIL
APPRO
C'q
IS
Oct 2 T11C CITY OF DENTON* TEXAS IS AN EQUAL OPPORTUNITY t41PLOYER It -P~.~
Direct All Inquieles To: i
CITY OF DENTON, PURCHASING DEPT, l\
John J. Marshall, CY.M„ Purchasing Agent
Toni 0, Show, C,P.M„ Asst, Purchasing Agent
gRACO CONSTRUMON Co.
09NKRAL430NTR1CTORS
pm ti, BOX 11
MCA, TEXAS 16211
OIIid~ TIIPNOMI RR1iotNC1 I~~pwONl
!I7/4~7.7$74 , iIN4J7d4~0
u:c^.L:ba:f. 0-21 1c2
Cit', of fivn"Jou
1 j 1,01anney St V6
X11tol?, To:;:,a 76201
3a: '.1or,!: Col-; iatod at N,titcn Torth Into:^ol:~u4,
Job 9051
L9 or :A1't1? 'Nov..:
r}
n 44
CITY OF DENTON
MEMORANDUM 1
DATE OF MEETING: Januarv 4, 1983
COUNCLL AGENDA ITEM +1 Convent Agenda
SUBJECT: Bid it 9079 Riding Mowers
SUMMARY: This bid is for the purchase of three 60" cut riding
mowers. Two (2) units are for the Parks nepartment
and one (1) unit is for the Water Treatment Plant.
All three mowers are Motor Pool Replacements.
ACTION REQUIRED: Approval by Council and award of bid.
SOURCE OF FUNDS: Funding for the mowers will be made jointly from Motor
Pool replacement funds and the Using Department Capital
Improvement Funds,
Unit +i 3762
Motor °001 628.00 Acct. 0 710-004-0598-6707
Parks Dept. 4,562.00 Acct. 0 100-003-0064-9106
Unit 11 3175
Motor Pool 4,635.41 Acct. 0 710-004-0598••6707
Parks Dept, 554.59 Acct. # 100-003-0064-9106
Unit 0 6063
Motor Pool 31220.00 Acct, 4 710-004-0598-6707
Water Plant ,970.00 Acct. 0 620-008-0460-9104
RECOMMENDAVON: we recommend the low bid meeting specifications of
Colonial kMotors in the amount of $5,190,00 each.
Total bid price $15,570.00.
EXHIBITS: Tabuletioi} sheet,
r
~'~x+
SUBMITTED BY:
Toni D, Shaw, C,P,4I,
Assistant Purchasing Agent
I
DID %079
DID R.161ng, MOwal'e
Watson Co0t'pe Colonial Go Idwrtlto
, w
U19t•, ?ntp1, 1-1 otor9 of 'T'exas
ACCOUNT N
-V'rRF)oIi - 1; aofi ` -9-1,M-565- vo. NI oli
l 3 60" ItNIm" Lawn mower 5,500,00- NB 5,190,00 _5,875,00 - - -
Make & Model. Cushman •I'otro
$04A3 'rLLt Cat Grand Manor 02
- 66070 30790 - -
Delivery 30 doy9 30 da•y9 10 dnys
Warranty 12 mos. 12 11109. 17. 1110s, - _
+ 'Cernts - - uet - net 10 V-uet ---v-- -
CITY OF DENTON
MIORANDUM
DATE OF MEETINGi January 4, 1983
COUNCIL AGENDA ITEM 11 Consent Agenda
SUBJECTS Bid 0 9080 Protective clothing S Equipment
SUIVARY; This bid is for miscellaneous Fire fighting equipment,
as indicated on the tabulation sheet. We received
bids trom five bidders, however we received some
alternate bids. We bid those And like items each
year, and usually have a similar response.
ACTION REQUIRED Approval by Council.
SOURCE OF FUNDS; Budget 100-006-0051-8121, 100-006-0051-9104 and
100-006-0051-9106.
RECODMMATION; We recommend the low bid for each item meeting
specifications as follows,
Item 111 To Casco Industries at $918,00 each
for a total of $1,836,00.
Item 02 To Casco Industries at $398.00 each
for a total of $796,00.
Item 113 To W,H. Lumpkin at $214,00 each
for a total of $856,00.
Item 114 To Casco Industries at $188.00 each
for a tO;al of $564.00.
Item 05 To Casco industries at $140,00 each
for a total of $1,680,00.
Item 116 To Fire Appliance Co. at $62.00 each
for a total of $62.00.
Item A7 To Fire Appliance Co, at $46,00 each
for a total of $46,00.
Item 48 To Casco Industries at $232.00 each
for a total of $928.00
Item #9 To Casco Industries at $50,80 each
for a total of $2,286.00
Item 1110 To Fire Appliance Co. at $44,50 each
for a total or $712.00.
Item d I I To 14, H, Lumpkin at $83.54 each
for a total of $501.24,
Item 1112 To W. H. Lumpkin at $133.31 each
for a total (if $1,466,41.
TOTAL AMOUNT OF BID AWARD IS $11,733.65
Low bids on item X15 by W.H, Lumpkin and Item +10 by
Alamo Fire & Safety Equipment are alternate bids and
do not meet our specifications.
Page 2
Memo to Council
Bid 119080
EXHIBIT'S; Ub on sheet.
suBMI'TTEU BY;
J J, Marshall, C,P,M,
Purchasing Agent
lilt) # _ 9080
1111 '1'1'rl,F, Protect.lve Clothing & Bquip.
I~IYO 4J.li. Alamo (:tifl4O lire
OITNED 12/21/82 App llnnce Im pkln Lira & lndustrier 11rotectlon
Cu, of Tex, Safety 5ervtee
ACCOUNT fl
111_t)M' -QU 1' LM V11N __..VIstR1! R VEND R - _-VENDOR ~ VENDOit._-
I. 2 Scott Ali- I'nk 998.00 918.00 1,075.00
2. 2 Scott Cylinder L Vnive assembly 433.00 398.00 466100
3. 4 1" 1100stel• line 220.00 214.00 220.00 225.00
4. 3 Chi( ^ Nosr,ies 188.00 195.00 215.80 188.00 100.00
5. 12 (lose SU' Lengtlcs _.i460.00 169.25 1110.00 185.00
- - -
6. 1 !'Cools for coupl ings 62.00 - 79.50 *60,60 65.00 80.00
-7. 1 - 'tools for couplings - 46.00 59170 1+6.25 50100 60.00
_8., Nor,r..les 245.00 ' --245.00 - 263.65 --232.01 _ 350.00
9. 14/31 Iced/1'e.l l.oty helmets 51.50 ~ -55.00 56.85 --50.80 60.10
10. 16 1111) boots 44.50 116.00 53.45 46.00 47.00
11. 6 Bunker Pants 88.60 83.54 9:1.45 103.89 90 00
12. It 'Bunker Coats 144.00 133.31 158.7(1 163.29 151.:16
FOB` pen ton Den Loll Den toll f)entun Don Con
+ Atturn.ate bids
4 A
CITY OF DENTON
MEMORANDUM
M
DATE OF MEETINGi January 4, 1983
COUNCIL AGENDA ITEM 0 Consent Agenda
SUBJECT: Bid 0 9082 Airport Substation Foundation
SUP4IARY: This bid is for the foundation work for the
Airport Substation. It includes concrete, re-
inforcement steel,, all other materials and labor
to construct the foundation for the substation
equipment and the driveway leading into the site.
ACTION REQUIRED: Approval by council and award of bid.
SOURCE OF "r'UNDS 1982-83 Budget account 611-008-0253-9217-5979
Metering and Substation Capital Improvement to
Distribution system.
RECOMM ENDATION: We recommend this bid be awarded to the low
bidder meeting specifications of Calvert Paving
Company in the amount of $4,308,00.
EXHIBITS: T bulation sheet,
SUBMITTED BY:
Tom D. Shaw, C.P.I,
Assistant Purcgasing Agent
I
1111) #9082 1111) TI'I'1J1, All-port. Substation Foundntlon
Calvert Crnco
*Clpj?NI+.O 12/21/82 I'll vIlig C0118t.
ACCOUNT # 011-008-0253-9217-5979
(EX.' ____YI;NDOR ,V0011 -VIN )01. „VENDOR _ VFNUOR,__ VENDOR _1'LNUOR
1. 1,of. Total $4,308.00 $4,989.00
- -
- - - - - - _ - - - - - - _ - - -
_
i
4
CITY OF DENTON
MHORANDUM
N
DATE OF MMINGi January 4, 1983
COUNCIL AGENDA ITEM fl Consent Agenda
SUBJECT: Bid 0 9083 Site Preparation for Airport
Substation
SM2,1ARY: This bid is for the site preparation for Cite
Airport Substation, It invloves e/cavation work;,
compacted fill, approximately 583 square yards
of crushed scone, and a small amount of 18 inch
drainage pipe,
ACTION REQUIRED: Approval by Council and award of bid.
SOURCE OF FUNDS: 1982-83 Budget account 611-008-0253-92175979,
Metering and Substation Capital Improvement of
Distributior System,
RECOMENDATION: We recommend this bid be awarded to the lowest
bidder meeting specification of Calvert Paving
Company in the amount of $15,812,00.
EXHIBITS: Tabulation nheet,
SUBMITTED BY:
Tom D. Shaw, C,P,M,
Assistant Purchasing Agent
111.1) #,-90H3 1111) TITLE Airport Suhatet1on Site
OPENED 1 2/21 /H2
A(;t,Q1lwr 0onst, Co, PFiving
Corp.
VENDOR .__VI:Ng01t_ VENDOR VENDOR
I. Lot Site Preparation 24,544.75 15,812.00
CITY OF DENTON
MEMORANDUM
DA'Z'E OF MEEWNG; January 4, 1983
COUNCIL AGENDA ITEM +1 Consent Agenda
SUBJECT: Bid # 9084 Airport Substation Fence Installation
SMI-24ARY; This bid is for the fencing around the Airport
Substation site, It involves the furnishing
and installation of approximatel;f 770 feet of
6' chain link fence and two (2) 25' gates.
ACTION REQUIRED: Approval by council and award of bid,
SOURCE OF FUNDS: 1982-83 Budget account 611-008-0253-9217.5979,
Metering and Substation Capital Improvements to
Distribution System.
RECOMMENDATION: We recommend this bid be awarded to the lowest
bid meeting specific,itions of Hurricane Fence
Company in the amount of $5,274,00
EXHIBITS: Tabulation heat.
SUBMITTED BY:
Tom D, Shaw, C,P.M,
AssisLant• Purchasing Agent
u1 u N 9oan
lilP '1'1'1'1,8 Ait)orl: Substation Donee
InsCnT[nC-lon
OI'13N1 P 12/21/82 I1 urrIC41110 Woethrook 1'nuls
- hence Ponce Police
ACCOUNT fl
i 's5Clt[1 P10h VLN Oft T - VC~ll01t VLNI)OH_-_ •__V~?NL~OR _ _VENDOR -VENDOR _ VENDOR 1 770' 6' Police 6.20 6.69 6.75
2. 2 25' Gntes 250.00 300.00 250.00
Tokal - - _ 512714.00 5,801 .30
5,797.50---
CITY OF DENTON
MEMORANDUM
DATE OF MEETINGi January 4, 1983
COUNCIL AGENDA ITEM 0 Consent Agenda
SUBJECT: Bid 0 9087 Windsor Drive Water S Sewer Project
SU441ARY: This project is for the construction of water and
sewer lines in and along the new construction of
Windsor Drive extension from North Locust to Hinkle
Drive, This project was overlooked and should
have preceeded the street construction bid, O+:r
estimate is $53,766,29,
ACTION REQUIRED: Approval by Council,
SOURCE OF FUND5: Water and Sewer Utility Budget and Capital
Improvements.
REM-NENDATION: We recommend this bid be awa,eid to the low bidder
of Moore ConstruLCion Company for the r.otal con-
tract price of $44,174,80. Construction should
start as soon as proper contract documents can be
processed,
EXHIBITS: Ta 'on sheet,
SUBMITTED BY:
ohn J, Marshall, C,P,4,
Purchasing Agent
"Plow
NIl)
1111) T1'C1,I._ Windsor pr. IJi,tcr & Sower - -
OITNI13) t2/28/82-_-_-_-_.__.T__ _ InY-Mnr Moore Dickerson Mut'tz > 111I
Plillnt'd
ACCOUNT Corp, Coil st, Cunst. Conel.. IlnZOIWOad, Ilertth f, co.
r~
NLOJ VENDOR
i46
1J-l 16.00 8.50 12,50 30,60 13.00 20.87
25 11-2 650.00 385.00 450.00 750.00 629.00 560.00
W-3 11900.00 11200.00 1, 700,00 2 , 50000 1 , 04 7.00 11510.00
- 14-311
900.00 750.00 900.00 10300.00 895.00--` 11356.00 1272 S-l 16.50 8.90 12.00 29.53 22.00 13.06
25 S-2 320.00-+ ?.25.60'- 250.00 450,00 473,50 253,00
_ S-3A - 11200.00 850.00- A00.00 1,500.00 1,168.00 11994.00
.
1 S-314
350.00 600.00 250.00--_` --300, 00`-' 199, 00 1,673,00
2..._ _ S-33(___---_-- 700.00 - (100.00 400.00 1,600.00 800.00 2,4 19. 00
2- SSli 250.00 _ 374,1)0 250,00 300.00 206.00-----'287.50
0 340(1-' 150,00 50.00 35.00 75.00 85.50 84,00
60~ 460
23.00 40, 00- 25.00 - 29.00 - 22 , 30Y -35.00
Total Ed 70,104.00 441174.80 52,239.00 909499.76 75,721.60 699282.04
1414 Bond
Yes - yes Yes yes - yes _ cashier, s
CITY OF DENTON
MEMORANDUM
DATE OF HEETINGi January '4, 1983
COUNCIL AGENDA ITEM 0 Consent Agenda
SUBJECT: Bid # 9088 Installation of Drainage Systems on
Mill Pond and the Service Center
SUMARY: This bid was advertised and notices sent out to
eight prospective vendors and three vendors picked
up plans and specifications. We received only two
bids as shown on the tabulation sheet. This is for
installation of the pipe purchased on Bid 0 9090.
ACTION REQUIRED: Approval by council.
SOURCE OF FUNDS: Utility budget and drainage improvements.
RECOMENDATION: We recommend this bid be awarded to the low bidder
for both projects as the pipe is purchased at the
Same time and the projects can be done at the same
time. The low bidder Jay-Mar Corporation for the
total bid price of $20,769.00.
EXHIBITS s Ta ion shee~
SUBMITTED BY:~
o n J, Plarshall, Q.P.M.
Purchasing Agent
late M 90aa
latD TITLE Mill Pond h S(irvtce Conter
ca nags
OVENKO 12/28/82____ .lay-!tar Calvert
- tarl). Paving
ACCOUNT 0
V juo l . -A C DOls____ V q-DC%_- -VERUUR _ v14~JUV1(^ _ _ VENDOR ITNOOR
432 5/ay Class n coneveta Riprnp 175,00 180,00 -
465A :1761•' 18" RCI' Installation 11036,00 518.00
465112081,1i24" RCP Instatl.ation 51616,00 51200,00
470 2ca 10' Curb inlet - 3, 200.00 ~ 1,500,00
471 2aa Intet Ring 6 Cover 260.00 150.00
81'-2 8-1.r Cortat'ete saw cut 3200 16.00
TOTAL PROJECT A 10,319.00 9,564.00
100 Ls Right-of-14ny 11000,00 2,000.00
432 30sy Clans B concrete Itlprap 7500 1108000
460 340L1 2-•42" C.M.P. hist:al.latton 6,80000 13,60000
465A 1901A 2-18" RCP Instnllntion 1,900.00 5,320.00
'I'OTAI, PItaJEWf B 10,450,00 229000.00 -
TOTAL PROJECT A & B 20,769.00 31,564.00 "
lift) BOND yes yes
CITY OF DENTON
MEMORANDUM
DATE OF MEETING; January 4, 1983
COUNCIL AGENDA ITEM ~ Consent Agenda
SUBJECT: Bid # 9090 Concrete & Metal Drainage Pipe
S1rMMARY: This bid is for the purchase of reinforced con-
crete pipe and corrugated metal pipe for the
drainage projects at the City of Denton Service
Center and on Mill Pond drainage project. The
construction portion of this project is on bid
#9088.
ACTION REQUIRED: Approval by council,
SOURCE OF FUNDS: Utility budget and drainage projects.
RECOM14ENDATION: We recommend this bid be awarded to the low bidder
on each item as indicated below:
Item 01A, 1B, 2A To Gifford Hill & Co, for
a total of $4,184,45,
Item 112B, 2C To Texas Steel Culvert Co. for
a total of $8,969.20,
This makes the total for this bid award $13,153,65.
EXHIBIT: Tabulation sheet,
SUBMITTED BY:
J. Marshall, C.P.M.
Purchasing Agent
1111) 'CI'1 E..._CIM rgt(c & PIetal I)ra11,11ge C1po
0111:NNU 12/28/82 U.tCCord Ilydro Colic 1.0 to wort 3•exaf Aruico, TeX41o
Iltll 6 Co, Conduit P(po Prod, Culvert Inc. Steal
Ai;000N'C-_- Culvert
11-~1 tmSili! E'S' Y vLNi)(IL___ _ V_'N)Ott,_ `yLriDOit UNbo~`~ vl,NnuR --~,ENU(ili. _
IA 371B 18" IWI' Closn 11 5175 6,51 6,51
18 2081424" RCP Clnss l11 8.63 9.51 9.81
2A 380L1 18" WA, CA af+s I11 5,73 6,51 6.51
21MBOU 42" CM.P. 16 gnuge 13.7? 13,58 13.19
2C 3.3 each coupling hands 13,77 13.58 included I
--`TOTAL [ITEM #211 WC (9181801) (9,670.99) (81969,20)-
-
CITY OF DENTON
MEMORANDUM
DATE OF MEETINGt January 4, 1983
COUNCIL. AGENDA ITEM 1) Consent agenda
SUBJECT; Bid p 9091 Denton North Interchange (R.T,U.)
Remote Terminal Expansion
SUMtLARYt This is for the items to upgrade at the Denton North
Interchange, tljese specific items are necessary to
be compatible with the existing terminal equipment,
This bid was advertised ane sent to all known suppliers
of this equipment.
ACTION REQUIREDt Approval by council.
SOURCE OF FUNDS. Budget account 610-008-0253-9217-5978,
RECO~IENDA 1ON; We recommend this bid be awarded to the only bidder/
supplier of these specific items at the prices in-
dicated on tho tabulation sheet, for a total price of
$4,655.00 plus freight of $50,00,
E'%Hl8tTS: Tabulation Sheet.
SUBMITTED 3Y;
A J, Marshall, C,p,M,
Purchasing Agent
r
Il l U A 9091
BID 11, LIDIV0011011 North
1:Xl~'Ills oll - -
OI'IINF,I) 12/28/82.
•
ACCOUNT tl_ 5ystanls,
We.
~11L.1?h "1' U - _ _ Vl:~}UOIi~ VI;N)Olt•• yLNDgIt
`.L__. VI:NUU[l_.__ VENI)(lrt
l 1 24/I1a.lnt stntus 305.00
-
2, 2 6/t'ainl status w/tIeD & resat 500100
3. 8 4/1'a ha andog Llpul w/sca Las 3,520.00 4. 1 12/11alnt Control alit w/security 110.00
'1'O'l'AI, 4,655.00
5. FOB Denton
S ilp nLl at one t_inie 50.00
-
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
Date; January 4, 1983
Subject: Approval of the Fira,4 Replat of Lot 2,
Freeway Park Addition,
Summary: The existing lot 2 in the Freeway Park
Additionis a 107,583 square foot light
industrial (LI) tract with 240 feet of
frontage on Mesa Drive and 350 feet of
frontage along the west side of the I-35
north service road, The intent of the
mlat is to resubdivide lot 2 into three
~ro-
separate lots, Two (2) of !
posed Jots will total 20,100 squathere. feet
in size and front on Mesa Drive (lots 2B
and 2C); lot 2D is a proposed 67,383
square foot lot with frontage along the
I-35 service road,
Staff is not aware of the type land uses
to be developed at the site, The water
and sewer department feels that the 6"
water line and 6" sewer line along, Mesa
is adequate for future users developing
lots 2B and 2C; any development on lot 2D
will be able to tie into a 10 water line
along the 1-35 service road,
The streets affecting this subdivision
are improved and adequate,
Action Required: Approve the final replat,
Recommendation: The Planning and Zoning Commission recom-
mends approval by a vote of 6-0.
Attachments: 1. Reduced plat
2, Planning and Zoning Commission minutes
of meeting of December 15, 1982
Da c7~11111son
Development Review Planner
3 ~
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Minutes
Planning and zoning commission
December 15, 1982
Page 10
Dlr. Claiborne aaked about setback from street for sign
stating that because of close proximity to curb cut
vision could be blocked. Mr. Ellison advised that exist-
ing sign regulations allow a sign within the 25 foot
front yard setback if it is a quick service type busi-
ness, that no minimum setback is stipulated.
Dewey Fields, surveyor, stated that if sign is positioned
as shown on the site plan there would bo no vision prob-
lems.
Mr. Claiborne amended motion to include additional condi-
tion;
6. The minimum distance from the southern edge of sign
to the property line shall be no less than ton (10)
feet.
Seconded by Mr. LaForte.
Vote was called on amendment to motion which carried
unanimously. (6--0)
Vote was called on original motion which carried
unanimously. (6-0)
E. Approval of the preliminary and final replat of lot 2,
Freeway Park Addition.
Mr. Ellison explained that property is zoned light indus-
(UNAP'PROVrD) trial, that intent of replat is to divide existing lot 2
into three separate lots; two fronting on Mesa Drive with
20,100 square feet each and one with 67,383 square feet
fronting on the I--35 service road. lie pointed out that
water and sewer line along Mesa is adequate for develop-
ment of lots 2B and 2C and developer of lot 2D can tie
into water line along the I-35 service road. Proposed
use of property is unknown at this time. On question, he
said that everything is in order and Development Review
Committee recommends approval.
No one was present in favor or in opposition to replat.
Mr. Sidor moved to recommend approval of replat of lot 2,
Freeway Park Addition. Seconded by Mr. Escue and unani-
mously carried. (6-0)
CITY OF RRNTON
MF,MORANDUM
TOs Mayor and Members of the City Council
PROMS Chcrlot.te Allen, City Secretary
DATE s llecember 30, 1.982
SUDJECTs Agenda Item #3
This item was placed on the agenda at the request of Council
Member Riddlesperger.
"a&.- '&Z,
C fa o e Allen
ca
05000
/,1 ~ r.
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
Date t December 21, ).982
Subjects Approval, of the final plat of the Dunning
Subdivision - Phase 1,
Summaryi This is a proposed 0,772 acre subdivision
which will reportedly accommodate,a ser-
vice station if plat approval is granted,
The zoning is general retail (GR) and the
property has 200 feet of frontage along
the 1-35 service road.
This subdivision plat includes dedicated
right-of-way and plans for construction of
an approximately 800' section of Ridgeway
Drive, Ridgeway Drive is designated as an
arterial type street by the approved thor-
oughfare and collector street plan and the
Denton Development Guide, The eighty (80)
feet of right-of-way being dedicated is
acceptable for an arterial type street,
and if constructed, the width of the
street will be forty-nine (49) feet from
back-of-curb to back-of-curb. The devel-
oper will be responsible for construction
costs for a thirty-four (34) foot portion
of the street, and the City can choose to
participate in the cost of oversizing,
The State Highway Department hap been
asked to commont on the prospect of re--
routing FM 2181 from its current designa-
tion along Teasley Lane, to a new location
along Ridgeway Drive that would inter-
sect I-35 E. at the existing Loop 288 -
1-35 B. interchange (see attachment #2).
In its enclosed response (attachment #3),
the highway department appears to support
the redesignation and re-routing idea if
the facility is constructed by the devel-
oper and the city during its initial
phases, and its function is as a secondary
• arterial, The minimum acceptable right-
of-way for a secondary arterial is report-
edly eighty (80) feet, Responsibilities
for maintenance would shift to the highway
department if Ridgeway Drive becomes a
Cityy Council Agenda
Ha4k-Up Summary Sheet
December 21, 1982
Page 2
part of the state highway system and state
funds could become available if future
improvements needed to increase capacity
becomes a priority. Official approval has
not been granted, but again, it appears
that the highway department is supportive
of the proposal to redesignate Ridgeway
Drive and re-route FM 2181.
The plat and plans for Ridgeway Drive and
the 0.772 acre parcel being platted are in
conformance with technical requirements of
the subdivision regulations. In addition
to plans for the construction of Ridgeway
Drive, there are also plans to construct a
thirty (30) inch water line and a ten (10)
inch sewer line to serve tha proposed de-
velopment and any development that may
occur in the future. The developer is
responsible for construction costs of an
eight (8) inch water line and the City
Council must approve any participation in
oversizing costs, The Public Utilties
Board has reportedly recommended that the
City participate in the cost of install-
ing the proposed thirty (30) inch water
line for future planning purposes.
Action Required: Approval of the final plat.
Recommendation: The Planning and Zoning Commission recom-
mends approval of the final plat of the
Dunning Subdivision - phase I by a vote of
6-1.
Alter,nativesi 1. Approve the final plat.
2. Deny the final plat.
Attachmentst 1. Reduced plat
2. Map of proposed Ridgeway Drive
3. Correspondence from State Highway
Department
4. Planning and Zoning Commission minutes
of, meeting of December 11 1982
David Ellison
Development Review Planner
0 ~
var•,-4e S+B, r'Q 117,.+.~;;;:+
P'NhER >r
VI I ITY MAO
, NJ SdN6t
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4A7r04.y ,
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o CURVE DATA
y No !1 APQ'a _ 5nr1`w -F of o,I ~r^r, rjn74r
V i1 iJ O ` J2° 7a'Q; y 789 r~J all •/i~9 rsT +y
v...,. i y or o .~..I •~_.~'i4rl /:9y71 11 1!7_y 29r L77_154,
, l E, O 2 39r 789 110' 2271?: no as9~
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t'I W yI~S r$ i1 7• sa 7891: acn
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OEtiTpN AESiOFYTAL h' v
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RECE1vE0 NOY 0 4 1982
CORPORATION DUNNING SUBDIVISION SHEET
CONSULTING ENGINEERS PHASE ONE _ E84 I
DENTON, TEXAS AN ADDITION TO THE "'ITY OF DENTON -
a's 7•r c;:, ~a.;: D_ NT`N COUNT'(, TEX4S 10,804
ATTACHMENT 42
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PROPOSED ROADWAY,
RIDGEWAY DRIVE
I'
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COMMISSION STATF- DEPARnt IENT OF HIGHWAYS 4Na~Na4R olR4croH
w ~ AND PUBLIC TRANSPORTAT(ON K Q. 40004
A, 8Ah1 WAI PROP, CHAIRMAN
084VITT C. aR44R P, 0• Box 3067 Dallas, Texas 75221 _
RAY A. SAANHART November 23, 1)82
Pam to Market Road Redesi ations
Denton County
DEC
1 .t9$2'
Mr. G, Chris Hartung "
,City Manager
City of Denton
Municipal Building
Denton, Texas 76201
Dear Mr, Hartung:
This will-acknowledge your letter of May 20, 1982 concerning the
re-routing of F,M, 2181 from the current designation along Teasley
Lane to a new location along Ridgoway Drive to be constructed by
the City of Denton that would intersect I,H, 359 at the existing
Loop 288-I,H, 358 interchange, We regret that we have delayed our
response beyond the time when your Planning Commission desired to
review this proposal; however, as you indicated in your letter,
this is a difficult proposal for our Department to answer,
In response to question number 1 and 2, we offer the following
comments :
1. The re-routing of F.M. 2181 along the proposed relocation
along Ridgeway Drive to intersect with Loop 288 and I.H.
35B appears to be satisfactory and if the highway facility
is constructed by the City of Denton prior to the redesignation
with a function classification as a secondary arterial,
District 18 VMlld be agreeable to recommending and supporting
this redesignation. Obviously, this will require as a minimum,
approval by our Department's Administration at State Headquarter Is
level.
2. Once F,M, 2181 is re-routed and becomes a part of the State
Highway System, and our Department assumes maintenance of the
pavement and its support, program funds required for construction
required to increase capacity will be subject to program
prioritization based on both the overall needs of the State
of Texas and District 18, For existing State maintained
facilities, capacity improvement prioritization will normally
be based on the following criteria:
Mr, G, Chris Hartung
November 23, 1982
Page 2
1. Traffic generators such as large residential areas,
shopping centers, etc, served by the roa6gay (both in
number of degree of importance)
2, The average daily traffic for the roadway today and
traffic projected for the time that the capacity improve-
ments are completed and for the year 2000
3. The estimated drivin hours saved per day if the capacity
:improvements are bui t
4. The projected population growth In the cotuity where the
project capacity improvements are to be constructed in
relation to population growth in all other counties
Obviously, this criteria will cause those proposed projects in rapidly
developing areas to have a higher priority than those that are experiencing
a slower growth, We are unable to predict the time when funds would be
available for widening the•two lava facility proposed to be constructed
by the City of. Denton;- although, as demonstrated by traffic operations
r on FM. 2181 (Teasley Lane), traffic volumas on a two lane road of 6,000
to 8,000 ADT with peak hour-volumes of 10y1.2% will create substantial
delay in travel times, Therefore, in direct rosponse to your question,
the position of this District would be to give consideration to widening
the relocated F,M, 2181 at the time when traffic volumes begin to create
congestion and undesirable operating conditions contingent upon the
availability- of-program--funds for a project of this type when compared
with tho overall needs of the District.
Please advise if we may be of further assistance,
Yours very truly,,
Robert L. Yielding
District Engineer
- - - - - - - -
Minutas
Planning and Zoning Commission
December It 1902
Page 6
111, Considerations
A,rpproval of the final plat of the Dunning Subdivision -
Phhase I,
Mr, Ellison read backup summary and explained this is a
proposed 0,172 acre subdivision which would accommodate
a service station if approved. The subdivision plat in-
cludes right-of-way and plans for construction of an
approximately 800' section of Ridgeway Drive, The
eighty (80) feet of right-of-way dedicated is acceptable
for an arterial type street; the width of the street
will be forty-nine (49) feet from back-of-curb to back-
of -curb .
Mr, Escue pointed out that when this area was zoned that
the City Council specified a 60' right-of ,way for
Ridgeway Drive. Mr, ;4atkins said that straight zoning
which was granted at that time by the City Council does
not allow for the imposition of conditions. Addition-
ally, the Denton Development Guide which was adopted
after this zoning case shows Ridgeway as a secondary
arterial street, The staff feels that the road would
function as a secondary -arterial regardless of the width
and that additional width improves traffic safety and
keeps our options open insofar as redesignation as a Fhi
road,
The Planning and Zoning Commission, bill ,Nash, and the
staff further discussed previous Planning and Zoning
Commission and City Council actions regarding the road.
Greg Edwards discussed engineering problems with the
proposed subdivision and recommended approval of the
plat pending resolution of the engineering prior to City
Council approval,
Andy Sidor made motion to recommend approval of the
Dunning Subdivision - Phase I. Seconded by Ruby Cole.
Vote. Aye - Claiborne, Cole, Juren, LaForte, Mays, and
Sidor
Nay Escue
Motion carried. (6-1)
8. Approval of the final replat of the Freeway Park
Addition.
CITY COUNCIL AGLNDA
A P SU Y SHEET
Meeting Datol ~)anuary 4, 1983
City Council Agenda Item #
Subjects This 18 a public hearing canoerning the
request of Mr. George Hopkins representing
Cauble Enterprises Inc, for annexation of
a tract of land consisting of appproxi-
mately 3.42 acres located approximatoly
500 feet northeast of the I-35 - Highway
77 intersection. (7,-1552)
SummaryI The petitioner is requesting annexation of
approximately 3.42 acres in ccnjunctior,
with a request for rezoning.
The land is vacant except for two unused
chicken houses and the area. surrounding
the site is vacant. Water, sewer and
electrical service is available for exten-
sion to the site and there is adequate
capacity in the lines. Water and aewer
service will need to come from the lines
on the south side of Highway 77. The land
use plan designates this area for high in-
tensity land uses.
Action Requireds No action is required other than receiving
public input.
Alternativess 1. No action.
2. Move to discontinue annexation.
3. Reduce the area to be considered for
annexation.
Recommendations The Planning and Zoning Commission unani-
mously recommends approval of this annexa-
tion request.
Cxhibitss 1. Map
2. Service plan
3. Minutes
Charles Watkins
Senior planner
I I ~
JOHNSON SURVEY, AS, 883
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41
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ct: 39,00 w V p~G~ F s' a 8
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(14 9Ca1 E 1" 206
FILE NO. 110,966 \e
NOT FROM FIELO SURVEY,
PLAT OF 20,080 AC8ES IN THE
A., WHITE SURVEY, ABSTRACT NO,
1408, DENTON COUNTY, TEXAS.
FOR ANNEXATION -4, 49
FOA ZONING
r
NASH Corp,
PLAN OF SERVICE FOP ANNEXED AREA CITY OF DENTON TEXAS
WHEREAS, drtiol,e 070a as amended requires that a plan of service
be 4opted by the governing body of a city prior to passage of an ordinance
anr,eytng an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation„
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Section 1, Pursuant to the provisions of Article 070a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service;
I, Basic Service Plan
A, Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will. be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards,
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of aniioxation, and
thereafter from new lines as extended in accordance
with article 13,06 of appendix A of the code of the
City of Denton, Texas,
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 13,06 of
appendix A of the code of the City of Denton, Texas,
E, Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation,
Service Plan
Annexed Areas
page two
P, Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc,)
will begin on the effective date of annexation,
(N) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
0. Inspection Services
(1) Any inspection services now >rovidod by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc,) will begin in the annexation area
on the effective date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation, City planning will thereafter
encompass the annexed area.
T, Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation, The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K, Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
Sorvioe Plan
Annexed. Areas
Page three
L„ Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation,
II, Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as;
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional .Studies, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city,
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation, In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
i
PROPERTY OIYNVR REPLY FORMS
CITY COUNCIL,
Z-1552
IN FAVOB IN OPPOSITION UNDECIDED
Nano Received Nona Received
0
„n.
API...,~b.~.1c~.,x.4a~e.A~.._._.....~_._....~.,....,.,..... .
---------..M
Minutes
Planning and Zoning Commission
December 15, 1962
Page 2
II. Consideration
rx-1552. Consider annexation of 3,42 acres of land beginning
approximately 500 ft, east of I-35 and approximately 500 ft.
(UNAPPROVED) northeast of Highway 77.
Mr. Watkins explained that petitioner is requesting annexa-
tion of 3,42 acres and commercial zoning on all of 20,060
acre tract which is partially inside city, lie said that this
is a voluntary annexation; that land use plan shows high in-
tensity use; water and sewer are. available, and staff recom-
mends proceeding with annexation.
Mr. Sider moved to recommend to the City Council that the
3.42 acres be annexed. Seconded by Me. Mays and unanimously
1 carried, (7-0)
III, Public Hearings
A. Z-1553. This is the petition of George Hopkins repre-
senting Cauble Enterprises, requesting annexation on a
3.420 acre tract of land which is part of a 20.060 acre
tract located at the northeast corner of U. S. Highway 77
And the I-35 !arvice Road. The petitioner is seeking a
change of zot.ng from agricultural (A) to commercial (C)
classification on the portion of the 20.060 acre tract
that is Currently in the city limits, and annexation and
a change of zoning from agricultural (A) to commercial
(C) classification on the 3.420 acre tract which is
presently outside the city limits.
Mr. Ellison explained that this is a 20.060 acre tract,
approximately 17 acres of which is currently in the City
of Denton; the remaining 3+ acres is the area gust recom-
mended by the Commission for annexation. He said that
petitioner is requesting commercial zoning on entire
tract. He continued that three notices were mailed to
property owners; no reply forms were received in favor
nor in opposition. Mr. Watkins further explained that a
public hearing for permanent zoning on entire tract will
not be held by the City Council until annexation proce-
dure is completed. On question, he said that petitioner
could request rezoning on the 17 acres currently in the
city but request was to rezone entire tract; therefore,
zoning would not be scheduled for City Council action
until after thu 3.42 acres was considered for annexation.
i
CITY COUNCIL AGENDA
Bum-~~~x
Meeting Date; January 4, 1983
City Council Agenda Item #
Subject; Introduction of an ordinance instituting
annexation proceedings on a 63,89 acre
parcel of land located along the east, side
of Mayhill Road immediately north of the
Andrew Corporation Plant, (z-1541)
Summary; Continuation of the annexation process
recuires introduction of the annexation
ordnance ,
Action Required, To continue the annexation process the
City Council should receive the ordinance
and accompaning service plan,
Alternatives; 1. Receive the ordinance and service plan,
2. Move to discontinue annexation pro-
ceedings.
3. Reduce the size of the area to be
annexed.
Recommendation: To continue the annexation process, the
ordinance and service plan should be re-
ceived by the City Council.
Exhibits; 1, Ordinance
2. Service plan
3. Revised Schedule
Charles Watkins
Senior Planner
NO.
AN ORDINANCE ANNEXINQ A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DEVON, TBXASI BEING ALL THAT LOT, TRACT OR PARCEL
OF LAND CONSISI'144G OF APPROXIMATNLY 63489 ACRES OF LAND LYING
AND BEING SITUATED IN THE COUNTY OF DENTON STATE OF TEXA AND
$ ING PART OF THE 0. WALKER SURVEY ABSTRACT NO. 1,130, DENTON
C LINTY TEXASI CLASSIFYING THE $A,MB XS AGRICULTURAL "A" ISTRICT
PROPER~YI AND DECLARING AN BPFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Denton,
Texas, on the petiti,,n of the City of Denton, Texas; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on November 9, 1982 in the Council
ChAmbers for all interested persons to state their views and
present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, an opportunity was afforded, at a public hearing
hold for that purpose on November 30, 1982 upon the property
hereinafter described in this annexation ordinance for all
interested persons to state their views and prusent evidence
bearing upon the annexation provided by this ordinancel and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton, Texas,
prior to Its effective date, and after the public hearings;
NOW THERSFORB, THE COUNCIL OF T48 CITY OF DENTON, TEXAS,
HEREBY 6RDAINS:
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 said City and the land and the
present and future inhabitants thereof shall he 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 hereafter be enacted and the property
situated therein shall be subject to and shall bear Its provata
part of the taxes levied by the City. The tract of land hereby
Z-1541-ALLEN MOBILD HOMES, INC,/ANDREW CORPORATION-PAGE ONE
i
i
annexed is described as follows, to-wits
All that certain tract or parcel of land lying and hero
situated in the Counp)' of Denton, State of Teas, a d being part
of the 0, Walker Survey Abstract No, 13.0 anc being more
particularly described as iollowsl
EEOINNINO at the most northerly northwest corner of present city
Umtts as established by Ordinance No, 7808, said point d ins
in Msyhill Road and in the west boundary line of the 0, Walker
Survey, Abstract No, 1330, said point also being the southwest
corner of & tract of land conveyed to Andrew Corporation by deed
dated September 8, 1978 and recorded in Volume 912, Page 804 of
the Deed Records of Denton County, Texasl
THENCE north 401314411 east along the west boundary line of
said survey and in Mayhlll Road a distance of 719.12 feet to a
point, said point being the northwest corner of a tract conveyed
to Andrew Corportion by deed recorded In Volume 912, Page 8110
same being the southwest corner of a tract conveyed to Allan
Mobile Homes, Inc, by deed recorded In Volume 1161, Page S70 of
the Deed Records of Denton County, Texas;
THENCE north 202S1300' east along the west boundary line of
said survey and in Mayhlll Road, same being the west boundary
line of said Allan Tract, a distance of 1140,8 feet to a point
for a corner, said point being the northwest corner of said
Allan Tract and the Intersection of Mayhlll Road with the
centerline of a County Road to the east;
THENCE south 88029' east alongg the north boundary line of said
tract said being the centerline of County Road, a distance of
1489.1 feet to a point for a corner, said point being the
northeast corner 5f said tract;
THENCE south 2006' west along the last boundary line of said
tract, same being the center of a County Road, a distance of
1154.4 feet to a point for a corner, said point being the
southeast corner of said tract;
r THENCE north 870571300' west along the south boundary llra of
said tract a distance of 28,94 feet to a point for a coiner in
said County Read same being the northeast corner of said Andrew
Tract;
THENCE south 403405711 west along the east boundary line of
said Andrew Tract a distance of 73S,64 feet to a point for a
corner said point lying In the present city limits as
established by Ordinance No, 73.38;
THENCE north 87048'56" west along the present city limits a
distance of 1026.01 feet to a point;
THENCE north 86009' west along the present city limits a
distance of 435,6 feet to the place of beginning and containing
63,89 acres of land, more or less,
SECTION tI,
The above described property Is hereby classified as
Agricultural "A" District and shall so appear on the official
zoning map of the City of Denton, Texas, which map is hereby
amended accordingly.
9-IS41•ALLBN MOBILE HOMES, tNC./ANDREW CORPORATION-PAGE TWO
N
SECTION IIi,
This ordinance shall be effective immediately upon its
passage,
Int:,)dur.ed before the City Council on the 7th day of
Decemb6r, 19U2,
PASSED AND APPROVED by the City Council on the 18th day of
January, 1983,
~o ngNTO TexAS~
ATTESTI
VICKI .
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LROAL FORM:
C, J. TAYLOR JR. CITY ATTORNEY
CI','Y OF DENT&4 .xAS
BY
Z-1541-ALLEN MOBILE HOMES, INC,/ANDRBh' CORPORATION-PAGE THREE
PLAN OF SERVICE FOR ANNEXED AREAg CITY OF DENTON TEXAS
WHEREAS, Article 070a as amended requires that a plan of service
be adopted by -the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREF'ORE, RE IT RESOLVED BY TTIF CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Section 1, Pursuant to the provisions of Article 970a as
amended Texas Code Annotated, there is hereby adopted for Lhe proposed
annexation area the following plan of service:
I. Basic Service Plan
A, Police
(1) Patrolling, radio responses to calls, and other
routine police services, using preaent personnel
and equipment, will bo provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and_.other_..traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation.
C. Stater
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 13,06 of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 13.06 of
appendix A of the code of the City of Denton, Texas.
E, Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
Service Plan
Annexed Areas
Page two
F, Street;
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation,
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage .facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city,
G, Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation) etc.) will begin in the annexation area
on the effective date of annexation,
11. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation, City planning will thereafter
encompass the annexed area,
I, Street Lighting
(1) Street lighting will be installed in the substan--
tia.lly developed areas in accordance with the
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc,, on the effec-
':ive date of annexation, The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K. Electric Distribution
(1) The city recommends the use 0 City of Denton for
electric power,
$ervioe Plan
Annexed Areas
Page thrge
I,. Misoellanoous
(1) Street name signs where needed will be installed
within approximately 6 months after the effeotive
date of annexation.
II, CapiA~al Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as;
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional, studies, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city,
(3) Impact on overall city economics,
The annexed area igrill be considered for CIP planning in the
- upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be Judged accordingly to the same
established criteria as all other areas of the city.
REVISED ANNEXATION SCHEDULE
Z-1541
Z-1542
z-1549
Z-1550
November 30, 1982 - Public hearing in area
December 2, 1982 - Advertisement to Denton Record
Chronicle
December 3, 1982 - Publish advertisement
December 6: 1982 - Submit Agenda Items
December 8, 1982 - Submit Agenda Back-Up
December 14, 1982 - Public hearing in Chambers
December 27, 1982 - Submit Agenda Items
December 29, 1982 - Submit Agenda Back-Up
x January 4, 1983 - Institute annexation proceedings
January 5, 1983 - Ordinance to Denton Record Chronicle
January 7, 1983 - Ordinance published
February 15, 1983 - Final Action
City Council action required.
I
CITY COUNCIL. AGENDA
Meeting Date: January 4, 1983
City Council Agenda Item #
Subject: Introduction of an ordinance instituting
annexation proceodinbs on a 111.72 core
tract located on both sides of FDI 1830
beginning approximately 200 feet south of
Hobson Lane. (L-1542)
Summary: Continuation of the annexation process
reqquires introduction of the annexation
ordinance ,
Action Required: To continue the annexation process the
City Council should receive the ordinance
and accompaning service plan.
Alternatives: 1, Receive the ordinance and service plan.
2. Move to discontinue annexation pro-
ceedings.
3. Reduce the size of the area to be
annexed.
Recommendation: To continue the annexation process, the
ordinance and service plan should be re-
ceived by the City Council,
Exhibits: 1, Ordinance
2. Service plan
3. Revised Schedule
0 Charles Watkins
Senior Planner
N
NO.
AN ORDINANCE ANNOXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, THXASII BEING ALL THAT GOT TRACT OR PARCEL
OF LAND CONSISTING OF APPROXIMATELY 111.72 ACRES OF LAND LYING
AND BEING SITUATED IN THE COUNTY OF DBNTON, STATE OF TEXAS AND
BSINO PART OF THE T. MARTIN SURVEY ABSTRACT NO, 900, AND THE
B,B,E, B C.R,R, COMPANY SURVEY, ABSTRACT NO, 196, DENTON COUNTY
T3XA CLASS IFYINQE SAME AS AGRICULTURAL "A" DISTRIC~
PROP TYI AND DECLARIN AN EFFECTIVE DATE,
NHEREAS, the request for annexation was Introduced at a
regular meeting of the City Council of the City of Denton,
Texas, on the petition of the City of Denton, Texas; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on November 9, 1982 in the Council
Chambers for all interested persons to state their views and
present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, an opportunity was afforded, at a public hearing
held for t%at purpose on November 30, 1982 upon the property
hereinafter described in this annexation ordinance 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 the City of Denton, Texas,
prior to its effective date, and after the public hearings;
NOW THEREFORE, THE COUNCIL OF THE CITY OF DBNTON, TEXAS,
HEREBY 6ROAINS;
SECTION 1.
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 said City and the land and the
present and future Inhabitants thereof shall he 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 hereafter be enacted and the property
situated therein shall he subject to and shall bear its prorata
part of the taxes levied by the City. The tract of land hereby
Z•1542/COUNTRY CLUB ROAD/F.M. 1830-PAGE ONE
annexed is described as follows, to-wito
All that certain lot, tract or ,arcel of land lying and being
situated in the County of De ton; State of Texas, and being part
of the T, Martin Survey, Abstract Na. 900 and the B,B.a, 9
C.R.R. Conpany Survey, Abstract No, 196 and being more
particularly described as followsi
BEGTNNINO at a point in the present city limits, said point
1 ing in the west right of way line of P.M. 1830, said point
also being the northeast corner of the land as described in
Annexation Ordinance No, 81.79;
THENCE south 89013' west along the present city limits a
distance of 1079,6 fast to a point or a corner, sane being the
intersection of the land as described in Annexation Ordinance
No, 60.40 with the land as described In Annexation Ordinance No,
81.79;
THENCE northeasterly along the present city limits, an approxi-
mate distance of 1989,23 feet to a point for a corner;
THENCE east along the present city limits an approximate
distance of 2404,22 feet to a point for a corner, same being the
northwest corner of the land as described in Annexation
Ordinance No, 74.6;
THENCE south 0007140" west along the present city limits a
distance of 1231 feet to a point same being the southwest corner
of the land as described in Annexation Ordinance No, 74.6 end
the northwest corner of the land as described in Annexation
Ordinance No, 79.61;
THENCE south 0007+43" west along the present city limits an
approximate distance of 350 feet to A point for a corner, same
being the northeast corner of the land as described in
Annexation Ordinance No. 80.12;
THENCE south 8903414611 west along the present city limits a
distance of 2616,76 fast to a point for a corner, said point
lying in the east right of way line of P.M, 1830;
THENCE south 1019, east along the present city limits and the
east right of way line of P.M. 1830, a distance of 40,91 feet;
THENCE south 89046135" west a distance of 40 feet to a point
for a corner, said point lying in the centerline of P.M. 1830;
THENCE south 005414011 east along the centerline of F.M. 1330
an approxiate distance of 355 feet to s point for a corner, same
being the easterly northeast corner of the land as described in
Annexation Ordinance No, 81.79;
THENCE north 89053' west along the present city limits a
distance of 40 feet to a point for a corner;
THENCE north 0054140" west along the present city limits a
distance of $76,42 feet to the place of beginning and containing
111.72 acres of land, more or less.
SECTION 11.
The above described property is hereby classified as
Agricultural "A" District and shall so appear on the official
2.1542/COUNTRY CLUB ROADM M, 18.30-PAGE TWO
I
,oning map of the City of Denton, Texas, which map is hereby
amended accordingly,
SECTION Ill.
This ordinance shall be effective immediately upon its
passage,
Introduced before the City Council on the 7th day of
December, 1982,
PASSED AND APPROVED by the City Council on the l8th day of
January, 1983,
OP 11 CITY DBNTON, TB.4S
ATTBSTi
V
DEPUTY CITY SBCRBTARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM;
C, J. TAYLOR JR,, CITY ATTORNEY
CITY OF DENT6'4 TEXAS
Z-1542/COUNTRY CLUB ROAD/P.M, 1330•PAUB THREE
PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON EXAS
MIEREAS, Article 97oa as amended requires thatt it plan of service
be adopted by the governing body of a city prior to passage of an ordinanLe •
annexing an area.; and
MREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Se"tion 1, Pursuant to the provisions of Article 070a as
amended, Texeis Code Annotatted, there Is hereby adopted for the proposed
annexation area the following plan of service:
I. Basic Service Plan
A. Police
i
(1) Patrolling, radio responses to calls, and other
routine police sex-vices, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic.:, signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards,
B, Fire
(1) Fire protection by the present personnel and equip-
meet of the fire fighting force, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 13,06 of appendix A of the code o the
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 13,06 of
appendix A of the code of the City of Denton, Te:;a,s,
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
service Plnn
Annexed Areas
Page two
F, Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be aucomplished under the established
policies of the city.
0. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, grts, housing,
sanitation) etc,) will begin in the annexation area
on the effective (late of annexation,
H. Planning and Zoning
(1) The Planning and Toning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area,.
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J, Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power,
Service Plan
Annexed Areas
Page three
I„ Miscellaneous
(1) Street name signs where needed will be instail.ed
within approximately 6 months after the effective
date of annexation.
II. Capital Improvement Program (CTP)
Tiie CTP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lines as;
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical. restraints or opportunities,
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics,
The annexed area will be considered for CTP planning in the
upcoming CTP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
REVISED ANNEXATION SCHEDULE
Z-1541
Z-1542
Z-1549
Z-1550
November 30, 1982 - Public hearing in area
December 2, 1982 - Advertisement to Denton Record
Chronicle
December 3, 1982 - Publish advertisement
December b, 1982 - Submit Agenda Items
December 8, 1982 Submit Agenda Back-Up
December 14, 1982 - Public hearing in Chambers
December 27, 1982 - Submit Agenda Items
December 29, 1982 - Submit Agenda Back-Up
January 4, 1983 - Institute annexation proceedings
January 5, 1983 - Ordinance to Denton Record Chronicle
January 7, 1983 - Ordinance published
February 15, 1983 Final Action
City Council action required.
JJ w ~
CITY COUNCIL AGENDA
BECK _U7-9TffNK"'-19M, T
Meeting Date: January 4, 1983
City Council Agenda Item #
Subject: Introduction of an ordinance instituting
annexation proceedings oil a tract consist-
ing of approximately 121,12 acres of land
beginning in the centerline of Edwards
Road approximately 1 800 feet east of
Mayhill Road, (Z-15+9)
Summary: Continuation of the annexation process
revires introduction of the annexation
ordinance,
Action Required: To continue the annexation process the
City Council should receive the ordinance
and accompaning service plan.
Alternatives: 1, Re:ei.ve the ordinance and service plan.
2. Move to discontinue annexation pro-
ceedings,
3. Reduce the size of the area to be
annexed,
Recommendation: To continue the annexation process, the
ordinance and service plan should be re-
ceived by the City Council,
Exhibits: 1, Ordinance
2, Service plan
3, Revised Schedule
Charles Watkins
Senior Planner
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THB CITY OF DENTON) MASI BEING ALL THAT LOT TRACT OR PARCHL
Of LAND CONSISTING OF APPROXIMATRLY 121.12 ACAVS OF LAND LYING
AND BEING SITUATED IN THE COUNTY OF DENTON STATE OF TEXAS AND
BRING PART OF THE G. WALKER SURVEY, ABSTRACT NO, 1330, DENTON
COUNTY TEXAS; CLASSIFYING THE SAME A$ AGRICULTURAL "A" DISTRICT
PROPBR'f'YI AND DECLARING AN EFFECTIVE DATE.
WHEREAS, tho request for annexation was introduced at a
regular meeting of the City Council of the City of Denton,
Texas, on the petition of the City of Denton, Texas; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on November 9, 1982 in the Council
Chambers for all interested persons to state their views and
present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on November 30, 1982 upon the property
hereinafter described in this annexation ordinance for all
interested persons to state their views and present evidence
bearing upon the annexation provided by this ordinance; and
WHBREAS, this ordinance has been published In full at least
one time in the official newspaper of the City of Denton, Texas,
prior to its effective .late, and after the public hearings;
NOW THEREFORE, THI COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY 6RDAINSt
SECTION 1.
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 said City and the land and the
present and future inhabitants thereof shall,he entitled to all
the rights and privileges of other citizens of said City and
shall be bound by the acts and ordinances of said Ci ty now in
effect or which may hereafter be enacted and the property
situated therein shall be subject to and shall bear its prorata
part or, the taxes levied by the City, The tract of land hereby
Z-1548-HDWARDS-PAGE ONE
annexed is described as FOllowS, to-wits
All that certain lot, tract or parcel of hand lying and being
situated in the County of Denton, State of Texas, and being part
of the Gideon Walker Survey, Abstract No, 1330 and more
particularly described as followsi
HEOINNINO at a point in the existing city limits as established
by Ordinance 81.94, said point being the southeast corner of a
tract of land conveyed to the City of Denton by deed recorded in
Vol we 8990 Page 786 of the Dead Records of Denton County, Texas;
THENCE dowq the middle of Pecan Creggk with its meanders the
following 9 courses and distances 11) south 86001 24" east
413,93 feeti (2) north 74058149" east 80,29 feet; (3) south
68045103" east 41.40 feeti (4) south 9048'50" west 82,92
feet] (5) south 10002'01" west 74,50 feet; (6) south
24019"SS' west 55,15 feet; (7) south 4010132" west 62.13
feet (8) south 7015'34° east 130.39 feet; (9) south
3702115" east 26.28 feet to a point for a corner;
THENCE south 4011122" west a distance of 744.55 feet to a
point for a cornerl
THENCE north 87011136" west a distance of 240S,17 feet to a
point for a corner-,
THENCE north 1041108" east a distance of 541.96 feet to a
point for a corner-,
THENCE north 87037154" west a distance of 831.02 feet t• a
point for a corner;
THENCE north 88015145" west a distance of 792.29 feet to a
point for a cornerl
THENCE north 1009120" east a distance of 1308.77 feet to a
point for a corner in an east and west public road;
THENCE south 88000130" east with said road a distance of
1144,37 feet to a point for a corner;
THENCE south 0056'43" west a distance of 122,75 feet to a
point for a corner;
THENCE south 74005101" east a distance of 2482.54 feet to the
place of beginning and containing 121,12 acres of land, more or
less,
SECTION 11.
The above described property is hereby classified as
agricultural "A" District and shall so appear on the official
toning map of the City of Denton, Texas, which map Is hereby
amended accordingly,
SECTION Ili,
This ordinance shall be effective [min "lately upon its
passage.
Z-I549-EDWARDS-PAGE TWO
Introduced before the City Council on the lilt day of
December, 1982,
PASSED AND APPROVED by the City Council on the 18th day of
January, 1981,
CITY OF DBNTON, TEAS
ATTEST;
VICKI WESTC10
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL PORMt
C, J. TAYLOR, JR „ CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: r
Z-1540•EDWARDS-PAGE THREE
PLAN OF' SERVICE FOR ANNUED AREA, CITY U ~'ON, TEXAS
WHEREAS, Article 970a as amended roquires that a plat' Of service
br adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, TIM- REFORE, BE, IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Section 1, Pursuant to the provisions of Article 070a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service;
I. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel.
and equipment, will be provided on the effective
date of annexation;
(2) Traffic, signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards,
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation.
C. Water
(1) Stater for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 13.06 of appendix A of the code of the
City of Denton, Texas,
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 13.06 of
appendix A of the code of the City of Denton, Texas.
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vidod within the city will be extended to the
annexed area within one month after the effective
date of annexation,
1
Service Plan
Annexed Areas
Page two
F, Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic .flow, etc.)
will begin on the effective date of annexation,
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the U,stablished
policies of the city,
G. Inspection Services
(1) Any inspection services r,ow provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc,) will begin in the annexation area
on the uffec#;ive datc3 of annexation.
H. Planning and Zoning
(1) The Planning and Zoning Jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area,
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc,, on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
Service Plan
Annexed Areas
Page three
r
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation,
II, Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prf.oritized by such policy guide-
lines as;
densitycompared
(1) bDema aseddpafor rrtlyservices
population, magnitude
of problems compared to ether areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
(Z) Impact on the balanced growth policy of the city.
(3) Impact on overall, city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation, In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
REVISED ANNEXATION SCHEDULE
Z-1541
z-1542
Z-1549
Z-1550
November 30, 1982 - Public hearing in area
December 21 1982 - Advertisement to Denton Record
Chronicle
December 3, 1982 - Publish advertisement
December 6, 1982 - Submit Agenda Items
December 8, 1982 - Submit Agenda Back-Up
December 14, 1982 - Public hearing in Chambers
December 27, 1982 - Submit Agenda Items
December 29, 1982 - Submit Agenda Back-Up
x January 4, 1983 - Institute annexation proceedings
January 5, 1983 - Ordinance to Denton Record Chronicle
January 7, 1983 - Ordinance published
February 15, 1983 - Final Action
* City Council action required.
CITY COUNCIL AGENDA
BK~
Meeting Date; January 4, 1983
City Council Agenda Item #
Subject: Introduction of an ordinance instituting
annexation proceedings on a parcel of land
approximately 24,065 acres in size located
immediatelyy east of the Denton Sewer
Treatment Plant, (Z-1550)
Summary, Continuation of the annexation process
requires introducticn of the annexation
ordinance,
Action Required; To continue the annexation process the
City Council should receive the ordinance
and accompaning service plan,
Alternatives. 2, Move Receive to discontinue ordinance annexation and service plan,
pro-
ceedings,
3. Reduce the size of the area to be
annexed,
Recommendation: To continue the annexation process, the
ordinance and service plan should be re-
ceived by the City Council,
Exhibits; i. Ordinance
2. Service plan
3. Revised Schedule
Charles Watkins
Senior Planner
N0,
AN ORDINANCE ANN8XING A TRACT OR LAND CONTIOUOUS AND ADJACENT TO
THE CITY OF DENTON, TBXASi BEING ALL 111AT LOT TRACT OR PARCEL
OF LAND CONSISTING OP APPROXIMATELY 74,805 ACRES OR LAND LYING
AND BEING SITUATED IN THB COUNTY ON DENTON STATE OF TEXAS AND
BRING PART OF THE 0, WALXBk SURVEY ABSTRACT NO, 13.30, DENTON
COUNTY TBXASI CLASSIPYING THE SAMB XS AGRICULTURAL "A" DISTRICT
PROPERTY; AND DECLARING AN EPPECTIVE 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 the City of Denton, Toxasl and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on November 9, 1982 in the Council
Chambers for Pill Interested persons to state their views and
present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on Novomber 30, 1982 upon the property
hereinafter described In this annexation ordinance for all
interested persons to state their views and prosent evidenea
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 the City of Denton, Texas,
prior to Its effective date, and after the public hearings;
NOW THERBPORE, T14B COUNCIL OF THE CITY Op DENTON, TEXAS,
HEREBY 6RDAINS:
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 said City and the land and the
present and future inhabitants thereof shall he entitled to all
the rights and privileges of other citizens of said City and
shall be hound by the acts and ordinances of said City now in
effect or which may hereafter be enacted and the property
situated therein shall be subject to and shall bear Its prorata
part of the taxes levied by the City, The tract of land hereby
Z-1550•CALLAHAN•PAGH ONE
annexed is described as follows, to-wlti
All that certain lot, tract or parcel of land lylnS and being
situated in the County of Denton, Stats of Texns, and being part
of the Oldeon Waik r Survey, Abstract No, 1330 and more
particularly describe as followsi
SMINNTNO at a point in the present city limits as established
by 0-dinance 81-94, said point being the northwest corner of a
tract of land conveyed to the City of Denton by deed recorded in
Volume 463, Page 260 of the Deed Records of Denton County, Texas;
THENCE north 6S045112" west along the present city limits a
distance of 96.30 feet to a point for a corner in Pecan Creeks
THENCE along the Biddle of Pecan Crook the Following 14 coursas
and distances; (1) north 71018135" east 490,74 feet; 2) south
71041'41" asst 173,ai feed (3) south 67048126" egst 297,"5
feet) (4) south 49016123" east 79.11 feeti (S) south
8035149" east 243,12 Peet (6) south 31049"18' east 169,01
feet) (7) south 850SS'1~" east 223.65 feet; (8) south
44019'49" east 137.92 feet; (9) south 48006112" east 242,88
feet1 (10) south 42020128" east 89,0 fast; (11) south
6004 26" west 108,62 feet; (12) south 2501SP45" west 70,50
feet; (13) south 51044151" west 187.94 feeti (14) south
12043127" west 301,18 Feet; (1S) south 52011117'1 west 93,32
feat; (16) south 41041'08" west 244.97 feet to a point for a
corner in the present city limits;
THENCE north 4-8052'43" west along the present city limits a
distance of 712,26 feet to a point for a corner, same being the
southeast corner of said City of Denton Tract)
THENCE' north 1054' east along said city tract east boundary
line, same being the present city limits, a distance of 980,70
feet to a point for a corner;
THENCE north 76006' west along said city tract northeast
boundary line same being the present city limits, a distance of
210 feet to a point for a corner;
THENCE north 1054' east along the northerly east boundary line
of said city tract, same being the present city limits, j
distance of 215.0 feat to a point for a corner;
THENCE south 67054' west along the northerly boundary line of
said city tract, same being the present city limits a distance
of 388,7 feet to the place of beginning and containing 24,605
acres of land, mnre or less.
SECTION, II,
The above described property is hereby clASS it led as
Agricultural "A" District and Shall so appear on the official
zoning map of the City of Denton, To,as, which map is here' y
amended accordingly,
SECTION 111,
This ordinance shall be effective immediately upon Its
passage.
2-ISSO-CALLAHAN-PAGE TWO
Introduced before the City Council on the 7th day, of
December, 1982,
PASSED AND APPROVED by the City Council on the 18th day of
January, 1983,
Rte" d" 3 PSh~AR"I'"It
CITY OF D6NTON, TS.(AS
ATTSSTt
VICxl WAS7LINd
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LSOAL FORM:
C. J. TAYLOR JR „ CITY ATTORNEY
CITY OF D8NT6N, TSYAS
7
BY: ~i
2•iS5tJ-CALLAHAN-PAGE THREE
PLAN SERVICE FOR ANNI; ED AREA CITY OF DENTON~'1~EXAS
WHEREAS, Article 070a as amended requires that a plan of service
adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOSY, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS
Section 1, Pursuant to the provisions of Article 070a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service;
I, Basic Service Plan
A, Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the offective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the geed therefore is established by appropriate
study and traffic standards,
B, Fire
(1) Tire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation,
C, Stater
(1) Stater for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 13,06 of appendix A of the code of the
City of Denton, Texas.
D, Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 13,06 of
append:'.x A of the code of the City of Denton, Texas.
E, Refuse Collection
• (1) The same regular refuse collection ser,/ice now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
Servioe Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of, streets (repair of hazardous
chuckholes, mensures necessary for traffic .flow, etc.)
will begin on the effective date of annexation,
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, consCruction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city,
G. Inspection Services
(1) Any inspection services now provided by the ^ity
(building, eleCtriCELI, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
. on the effective date of annexation,
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexrd area,
I, Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J, Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power,
Service Plan
Annexed Areas
Page three
G, Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation,
II, Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as;
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city,
(3) Impact on overall city economics,
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be Judged accordingly to the same
established criteria as all other areas of the city,
REVISED ANNEXATION SCHEDULE
z-1541
Z-1542
z-1549
Z-1550
November 30, 1982 - Public hearing in area
December 2, 1982 - Advertisement to Denton Record
Chronicle.
December 3, 1982 - Publish advertisement
December 6, 1982 - Submit Agenda Items
December 8, 1982 - Submit Agenda Back-Up
December 14, 1982 _ Public hearing in Chambern
December 27, 1982 - Submit Agenda Items
December 29, 1.982 - Submit Agenda Back-Up
January 4, 1983 - Institute annexation proceedings
January 5, 1983 - Ordinance to Denton Record Chronicle
January 7, 1983 - Ordinance published
February 15, 1983 - Final Action
,ti City Council action rfquired,
CITY COUNCIL AGENDA
BACK- T
Meeting Date: January 4, 1983
City Council Agenda Item #
Subject: Approve the request of Mr, Paul Berry
for disannexation of approximatelyy four
(4) acres of land located along the east
stale of Highway 377 just north of Brush
Creek Road.
Summary: Mr. Paul Berry owns approximately five
(5) acres of land on the east side of
Highway 377, approximately four (4) acres
is inside the Cicy as a result of a strip
annexation which took place in 1.969,
Mr, Berry indicates that he receives no
city services but must pay city taxes,
The enclosed memorandum has been sent to
relevant City Departments to advise them
of Mr. Berry's right to city services,
The strip annexations were accomplished
for the following; reasons:
1. The annexation strips would more
nearly define the ultimate Denton
Corporate limits for twenty (20) year
development,
2. Greater control could be exercised
over development which occurs on major
highways leading into Denton.
3. The City would have a stronger voice
in reviewing subdivisions which occur
near Denton,
4. The incorporation of additional small
communities near Denton would be dis-
couraged,
5. Future residents of this area should
be citizens of Denton and should re-
ceive the services and benefits from
such an association,
city Council Agenda
Back-Up Summary Sheet
Mr., Paul Berry
,January 4, 1983
Page 2
6, The annexations to the south are con-
sistent with our agreements with Argyle
and Corinth,
Action Required, To execute disannexation the City Council
should move approval of the request, The
staff would then prepare the necessary
legal documents for subsequent action
Alternatives; 1, Approve the request,
2. Deny the request,
3. Table the request,
Recommendation; The Planning and Zoning Commission unani-
mously recommends denial of the disannexa-
tion request,
Exhibits; 1, Map
2, Memorandum of November 29, 1982
3, Minutes
Charles Watkins
Senior Planner
' Sls
I, iA { 1
J
PROPOSED DISANNEXATION
I
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MIG=Roat~=.-
1
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MEMORANDUM
DATE; November 29, 1982
TO; Rick Svehla, Public Works
Jack Gentry, Fire Department
Hugh Lynch, Police Department
Cotton Bland, Solid Waste Division
FROM; Charles Watkins, Senior Planner
SUBJECT; City Services
Mr, Paul Berry, whose address is Route 2, Box 298,
Argyle, Texas 76226, 817-382.2138, owns and resides
on a tract of land approximately five (S) acres in
size located on the east side of Highway 377 near
Brush Creek Road, Approximately four (4) acres of
Mr, Berry's property is inside the Denton City limits,
After receiving his latest tax statement Mr, Berry is ,
beginning the process of requesting disannexat:ion from
the City because he receives no City services,
As long as Mr, Berry's property remains in the City he
is entitled to Fire and Police service as well as Solid
Waste Pickup and any other services provided for. City
residents, lie currently is not receiving solid waste
pickup,
1 will advise you if his property is disannexed, but in
the meantime he is entitled to all City services,
CW;cs
nUtea
Planning and zoning Commias ion
Dee, ombar 15, 1982
Page 11
[v, Cons--i--~~devations
A, rconsider disannexation of approximately four (4) acres
of land located on the east side of Highway 377 near
Brush Creek Rond,
(UNAPPROVED) Mr. Watkins explained that City of Denton has 500 feet
along highway, that Mr. Paul Berry owns a five acre
tract, four acres of which is located in the City of
Denton, Mr. Berry is requesting dieannexation of that
four acre tract stating that he receives no city servi-
ces. Mr. Watkins continued that after Mr, Berry called
it to his attention, he advised relevant city departments
of Mr. Berry's right to city services.
Mr, Berry said that his is the only family affected, that
no other people live in that 500 foot strip. On ques-
tion, he said lie has lived there five years, that prop-
erty was annexed in 1969 but lie was not aware that he was
in the city limits at the time lie bought property. He
said the main reason lie is requesting disannexation is
the assessment of recent countywide evaluation, lie said
he thought hog was in Argyle. On question) lie said he
doesn't work in Denton, that his children did attend high
school in Denton, that the only thing he has In common
with Denton is telephone and lie pays mileage for that
service,
Mr. Watkins said that Planning and Community Development
Department is opposed to dieannexation because of possi•-
bility of setting a precedent.
Mr. Juren atated lie felt it would be setting a precedent
and moved to disapprove any dieannexation. Seconded by
UMr. Sidor and unanimously carried, (6-0)
B. Approval of the preliminary plat of lot 4A, block B,
Teasley Mall Addition.
t
Mr. Ellison explained this is the site of the requested
PD for laundromat/dry cleaners on Londonderry Lane. He
advised that technical requirements have been met and
Development Review Committee recommends approval of pre-
liminary plat; drainage will be a concern of the final
plat.
Mr, Juren moved to approve the preliminary plat of lot
4A, block B, Teasley Mall Addition, Seconded by
Mr. Sidor and unanimously carried. (6-0)
i 5
THIS I$ TO WTIpY thol the mlcrophnto Tp~!! 4)/8 "oring on I" F1Im*FIle
ti CITY COUNCIL AGENDA PACKET and
$ft?Hnw with..,... of H
lnding with CITY COUNCIL AGENDA PACKET ~.arr
accvrote and completo mproduellons of the rocerds of (Company and popl,) CIor ~N70N "
CITY SECRETARY as dellvered In the regular course of
4vslnoss lot photographing,
h Is furfhor corflflod that the mlcropholographlc procosses were a<compllehad In
a rnrannw and on film which meets with mqulromenlo of Iho Nallongl bureau of Standards
tw permanent microphologrophic copy.
JWA - R0oords C0MR" + .
ILMM) YCCMNOLOQY AY(49f(K 4~w+C'►Mo!
PLACE, rIa VQ1tWArk Mc g B=
Arlinglon, Texas 760101