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HomeMy WebLinkAbout04-19-1983 NOTIC.b OF'LGORK SESSION- REGULAR - SPECIAL CALLED - I'MLWIENCY MEETING OF THE OF THE, CITY OF UEN'i'ON, 'T'EXAS, i Notice is hereby given that-on the L day of , 19 , the Y of- twe City of DentQ n, Texas w ho a wor session)- regular special called .1 emer4ency meet ng at ~o'E1ock, m,, in ' the of t le unieipal Bui ng ocated at 215 ast nne,, Denton, axe's. The subjects to be considered are listed on the Agenda which is attached horeto and make a part of this 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 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 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 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 meeting, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the Board/Commission shall determine, On this day of 19 , the original of this instrument was filed among ie official 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, /L.-mr on said date, Li ARLOTTE ALL SECRETARY CITY OF UEWrON, TEXAS U214C NOTICE OF WORK 5E SSIUN - k1;GUGA~t~• SPECIAL CALLED - EMERGENCY mEET1NG OF THti/..l` OF THE CITY OF DENTON, TbXtiks. , Notice Is hereby given that on the day of. hillz-L 19, the 4-11" f o the City of Denton, Texas will o a work session __r:egu_ar - special called - emergency,. meet in at o'clock, in in' the tie Municipal Ous 1,01 8 '-Located at 21S bast McKinney, Uenton, Texas. The 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 the meeting covered by this notice the hoard/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 Hoard/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 with tite 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 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 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 meeting, or (b) at a subsequent public meeting of the Board/Commi.ssion upon notice thereof, as the Board/Commission shall determine. On this 115- 7k, day of IL4 19 the original of this instrument was filed among the o ificial 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 --•V'clock, _m, on said date, fiA i'tE ALLEN, CITY SECRETARY CITY OF DENTON, TL XAS 02140 AGENDA CITY OF DENTON 4ITY COUNCIL, April 19, 198" Work Session of the City of Denton City Council on Tuesday, April 191 1983 at 5:30 p,m, in the Civil Defense Room of the Municipal building at which the following items will be considered, 5:30 p,m, 1. Consider initiation of annexation proceedings on a proposed 258.5 acre residential subdivision consisting of 50 lots, located along the south side of Jim Christal Road and on the west side of Hickory Creek, 2, Discussion of the Alexander Grant Management Report, 3, 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. co Personnel Under Sec, 2(g), Art 6252-17 V.A,T,S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A,T.S. Regular Meeting of the City of Denton City Council on Tuesday, April 19, 1983 at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will. be considered. 7:00 p.m. 1. Approval of the Minutes of the April 5, 1983 Regular Meeting. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in a.cordance with the Staff recommendations. City of Denton City Council Agenda April 19, 1983 Page Two A. Bids and Purchase Orderst 1. Bid # 9134 - Ammonia tank and anhydrous anuno n i a 2, aid Y 9135 - Lease/purchase of equipment 39 Bid # 9137 - Carpet and installation 4. aid # 9139 - Turf fertilizer 5. Bid $ 9140 - Miscellaneous water supplies 61 Bid # 9141- Compound meters with flanges 7. Bid # 9144 - Rebuild Pump 8. Bid # 9145 - Repair parts for electric turbine a. Plats and Replatsi 1. Approval of the final plat of the Aamco Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of the final plat of lots 1 and 2, block A, Guy Laney Addition. (The Planning and Zoning Commission recominends approval.) 3. Approval of the final replat of lots 3, 4 and 5, block It Hillside Addition. (The planning and zoning Commission recommends approval). 3. Approval of a contract for $9,900 for Human Services study. ('t'he Human Resources Committee recommends approval.) 4. eublic Hearingsi A. Z-1569. This is the petition of John Narsutis requesting a change in zoning from single family (SF-7) to the two family (2-F) classification on property located on the east side of Carroll Boulevard north of Fain Street. The property is more particularly described as lots 6 and 7, block A, in the Richard A. Harris Subdivision. (The Planning a:id Zoning Commission recommends approval.) City of Denton'City Council Agenda " April 19, 1983 Page Three Adoption of an ordinance changing the zoning from single family (SF-7) to the two family (2-F) classification on property located on the east side of Carroll Boulevard north of Fain Street. 84 Z-1570. This is the petition of the City of Denton requesting a change in zoning from two family (2-F) to the planned development (PD) classification for office (O) use on an approximately 25,000 square foot lot located at 414 Parkway (city lot 15, block 431) on th6 northeast corner of Parkway and Carroll Boulevard. (The Planning and Zoning Commission recommends approval.) Adoption of an ordinance changing the zoning from two family (2-F) to the planned developrent (PD) elarsification for office (O) use on an approximately 25,000 square foot lot located at 414 Parkway. C. Z-1571. This is the petition of B. W. Ayers representing Dimension Development Company requesting an amendment to planned development (PD-28). If approved, the amendment would permit the development of 404 multifamily units on 13.146 acres presently designated for office -warehouse -showroom, mini-warehouses and a local street. The property encompasses the southeast portion of planned development (PD-28) between I-35E and proposed Colorado ,Boulevard. (The Planning and Zoning Commission recommends approval.) Adoption of an ordinance amending planned development (PD-28) to permit the development of 404 multi-family units on 13.146 acres located between 1-35E and proposed Colorado Boulevard. D. Z-1573. This is the petition of George Hopkins requesting a change in zoning from the planned development (PL-15) classification for u private utility shop to the commercial (C) classification on an eight (8) acre tract lactated at the northwest corner of Spencer Road and Loop 288. (The Planning and Zoning Commission recommence approval.) City Of Denton City Council Agenda April 19, 1983 Page Four Adoption of an Ordinance changing the zoning from the planned development (PD-15) classification for a private utility shop to the commercial (C) classification on an eight (8) acre tract located at the northwest corner of Spencer Road and Loop 288. ' 5. ordinanoes3 At Consider adoption of an ordinance to quitclaim an alley in block l of Vulton & Spaulding Railroad Addition. (Q-49) (The Planning and Zoning Commission recommends approval.) B. Consider adoption of an ordinance to quitclaim an alley in block 2 of Fulton & Spaulding Railroad Addition. (Q-49) (The Planning and Zoning Commission recommends approval.) C. Consider adoption of an ordinance to quitclaim a 0.0434 acre strip of right-of-way located along the west side of Teasley Lane at the intersection on Teasley and Londonderry. (Q-56) (The Planning and Zoning Commission recommends approval.) 61 Resolutions: A. Consideration of the adoption oc a resolution supporting modification of Part D of the Clean Air Act. B. Consider adoption of a resolution recommending increases in state transportation funding to urban areas. C. Consider adoption of a resolution in sympathy and support of the Baha'is in Iran. D. Consider adoption of a resolution postponing the regular meeting of tl.e City Council on May 3, 1983 until May 10, 1983. 7. Receive a report on TMPA activities. 8. Consider changing the signal sequence at the intersection of bell and Hickory. 9. Consider the request of Ms. Uarles Watson for a curb cut on Carroll Boulevard. City of Denton City Council Agenda .April 19t 1983 ' Page Five 109 Selevtion of the Mayor Pro-Tema ll. Official Action on Executive Session Itemst A. Legal Matters B4 Real Estate C. Personnel D4 Board Appointments 12. New Husinesss This item provides a section for cQuiiail Members to suggest items for future agendas. 07670 AGENDA C1,ry Ul DISNTON CITY CUU• -1i+ April 191 1963 Work Session of the City of Donton City Council Oil Tuesday, April 19, 1983 at 500 p.m, in the cavil Defense Room of the t unicipal Builuing at which the tolllowing items will be o.oasiderea. 5130 p.m. Consider initiation of annexation proceoainys on a 1. proposed 258.5 acre resicsentia~llt subdivision south siueol}ofstJim of 50 lots, located aloiy Cliristal Road and on the west side of hickory Creek. 2. Discussion of the Alexander Grant Management Report. 3. Executive Sessions A. Legal Platters Under Sec. 2(e), Art. 6252-17 V.A.T.S. Under Sec. 2(f), Art. 6252-17 Iy, xeal Estate V. A.If.S. C. Personnel Under Sec. 2(g) P Art 6252-17 V.A.'V,S. V. Soars Appointments Under Sec. 2(gArt 6252-17 V.A.T.S. inento City Council Regular Meeting of the City of ersi e lithe April 19, 1983 at 7;00 p.m. items will be Municipal 13uiIdiny at which the following considered. 7100 p.m. 1. Approval of the Minutes of the. April 50 1983 Regular Meeting. 2. Consent Agenda; Each of these items is recommended by the Staff and approval thereof will be strictly uval of tlthel Coi sent Agenda Staff recommendations. App authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda April 19, 1983 Page Two A. Bids and Purchase Orders t 11 laid # 9134 - Ammonia tank and atlhydrous ammonia 2. Hid # 9135 - Lease/purchase of equipment 3. Bid # 9137 - Carpet and installation 4. Bid # 9139 - Turf fertilizer 5. Bid # 9140 - Miscellaneous water suPPlius 6, Bid # 9141- Compound meters with flanges 7. bia # 9144 - Rebuild Pump 8. Bid # 9145 - Repair p-.rts for electric turbine 13. Plats and Replats: 1. Approval of the final plat of the Aamco Addition. ('The Planning and Zoning Commission recommends approval.) 2. Approval of the final plat of lots 1 and 2, block A, Guy Laney Addition, (The Planning and ''Zoning Commission recommends approval.) 3. Approval of the final replat of lots 3, 4 and 5, block 1, Hillside Addition. ('The Planning and Zoniny Commission recommends approval). 3. Approval of a contract for $9,900 for Human Services study. (Tile Human Resources Committee recommend, approval.) 4, Public Hearings: A, Z-1569. 'Phis is #.he petition of John Narsutis requesting a change in zon'.ng from single family (SE-7) to the two Eamily (2-F) classification on property located on the east side of Carroll Boulevard north of Vain Street. The property is more particularly described as lots 6 and 7, block A, in the Richard A. Harris Subdivision, ('The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda April 19, 1983 Page Three Adoption of an ordinance ehanginc, the zoning from single family (SF-7) to the two family ('l-F) classification on property located on the east side of Carroll Boulevard north of Fain Street. rt, 'L-1570. This is the petition of the City of Denton requesting a change in zoning from two tamily (2-F) to the planned development (PD) classification for office (U) use on an approximately 25,000 square foot lot located at 414 Parkway (city lot 15, block 431) on the northeast corner of Parkway and Carroll Boulevard. (The Planning and coning Commission recommends approval.) Adoption of an ordinance changing the zoning troiiti two family ( 2-F) to the planned development (PD) classification for office (U) use on an approximately 25,000 square toot lot located at 414 Parkway. C. L-1571. This is the petition of B, W. Ayers representing Dimension Development Company requesting an amendment to planned development (PD-28). If approved, the amendment would permit the development of 404 multi-family units on 13.146 acres presently designated for office -warehouse -showroom, mini-warehouses and a local street. The property encompasses the southeast portion of planned development (PD-28) between I-35E and proposed Colorado Boulevard. (If he Planning ano Zoning Commission recommends approval.) Adoption of an ordinance amending planned development (PD-28) to permit th(I development of 404 multi-family units on 13.146 acres located between I-356 and proposed Colorado Boulevard. D. 6-1573. This is the petition of George Hopkins requesting a change in zoning from the planned development (PD-15) classification for a private utility shop to the commercial (C) classification on an eight (8) acre tract .Located at the northwest corner of Spencer Road and Loop 288. (The Planning and Coning Commission recommends approval.) City of Denton City Council Agenda April 19, 1983 Page Four Adoption of an orainance changing the zoning from the planned development (PD-15) classification for a private utility shop to the commercial (C) classification on an eight (8) acre tract located at the northwest corner of Spencer Road and Loop 288, 5. Ordinances: A. Consider adoption of an ordinance to quitclaim an alley in block 1 of Fulton & Spaulding Railroad Aduition. (Q-49) (The Planning and Zoning Commission reconunend> approval,) H. Consider adoption of an ordinance to quitclaim an alley in block 2 of Fulton & Spaulding Railroad Addition. (Q-49) (The Planning and Zoning Commission recommends approval,) C. Consider adoption of an ordinance to quitclaim a 0,0434 acre strip of right-of-way located along the west side of Teasley Lane at the intersection on Teasley and Londondercy. (Q-56) (The Planning and zoning Commission recommends approval.) 6. Resolutions: Al Consideration of the adoption of a resolution supporting modification of Part D of the Clean Air Act. B. Consider adoption of a resolution recommending increases in state transportation funding to urban areas. C. Consider adoption of a resolution in sympathy and support of the baha'is in Iran. D. Consider adoption of a resolution postponing the regular meeting of the City Council on May 3, 1983 until May 10, 1983. 7. Receive a report on TM PA activities, 6. Consider changing the signal sequence at the intersection of Bell acid Hickory. 91 Consider the request ct Ms. Ua'rles Natson for a cure cut on Carroll Boulevard. city of Denton City Council Agenda April 190 1983 Page Vivo 1U. Selection of the Mayor P::o-Tem. 11, Otficial Action on Lxecutive Session Itewsl A. Legal Matters B. Real Lstate C. Personnel U, Board Appointments 1G, New businessi 'Phis item proviaes it section for Council Members to suggest items for tuture agendas, U767C 1 ftMURANDUM DHTLi i~pril 13, 1983 T0; Mayor and City CoultCil M3 Charles Watkins, Senior Planner SUBJSCTI Consider initiation of annexation proceedings on a pro- posed 25b,5 acre residential subdivision consisting of 50 lots, located along the south side of Jim Christal !toad and on the west side of Hickory Creek. The proposea subdivision is located approximately one (1) mile northwest of the north end of the runway at the municipal airport, Residential development is proposed on lots ranging in size from one (1) acre to fourteen (14) acres. Water acux sower service to the area is feasible, but it is unknown at this time whether the developer intends to extend the lines or use septic systems ano wells. The western 1/3 of the proposed development is located underneatl- the circular approach zoning which surrounds the airport, indicat- ing that the air trattic will be flying over the subdivision. lnasinuch as this tract of land is not contiguous with the city limit a 500 Loot wide strip approximately 31500 - 4,000 feet. in length would have to be annexed along with this parcel. Cwccs 1,~, • ~ • • ~ ` ~ 111 r 11 R d • ~4 A ~ \ 30 Is • • 1 p Rd, ~IOiC4t Y I • i, o ro Rd • • • are no h Rd I 11 °D (N + JDENTON • I I ~ • ~PQr 39, 74 avlow Id 'i,,_ I y • M KRUM . a ` ° 1 / fc _ POP 454 • , \ • b 1~ ~'."II •~-fw ~ - 1 a u Rd • ' i J I: • ° c t f O O'l 06 • a o y • Ito Fa ' v u~ a. . i 2,9 ~i 3A0 r 40 Rd IM Chf14lat •Ad I ;di t. d . • T ~ N a S k i M n ^ r • a T. i d . J~•~ • FA $ 9 • •T.N. Ski Is R T op o I• * 2 2 oE~' r m ` .S • I e *I • Rd rti ~ ~ ~ ~~d~ a .3 • Cot f PONDER r J ~ ~ yx Rd.' . a POP 208 • ! ' : s Como • • y F 5. J A f0 R e 2449 W c rEi ° f. grouch t., . b 03fJ i g • c ' orn d. ! i1 • Orrurn JA r ' 4Q ~c I f R dy 'PILOT xN03 rr -~,TUrM ~ - SJB' i Johnson n Ov 2 1 • V ' I a e i h iE a h r • • r I!> "1 r`o NORTHLAKE I: ♦ 0~`'9y~a Jd'} • IRd ! s POP 20 M' CITY OF I)ENTON W,,'MORANUUM TOt Mayor and Members of the City Council FROM$ Charlotte Allen, City Secretary UATEi April 14, 1983 SUBJRC'rs Back-Up for Agenoa Item 02 for the 5x30 Work session 't'his is a discussion item only. No written back-up materials are provided, CharlWel en ca i 0770C/ 1 CITY COUNCIL MINUTES April 5, 1983 The Council held a publio hearing at 4115 p„s. to @oons"'if Pacific-M.lK,ifT.acdllroaatanorth5of49Mynways380u and east toe Coop+r CreeK Road, 'the Mayor opened the public hearing, Charlie Watkins, Senior Planner, spoke in favor of the annexation pointing out that the annexation was initiated because of a proposed mobile home development on 13,5 acres located within the area proposed for annexation. Us City btaff felt that it was important to control and regulate future development in this area, The Sire Department feels that they can adequately servo the area, Tile Police Department indicates that the existing mobile home park located in the 150 acre area proposed for annexation is the scene of numerous calls by the Sheriff's Department which will become a City responsibility, The Police Department will provide protection to the best of their ability given manpower constraints, Watkins stated that the existing mobile home park is possibly a hearth problem in that no sewer is available but development of the proposed mobile home could provide an opportunity to serve the existing park and therefore alleviate any health hazard. The Planning and Community Development Staff recommended approval of the annexation. Mr. Virgil Strange spoke in opposition stating %i concern with regard to the standards by which the proposed mobile home park would be developed. Council Member Hopkins stated that this was why the City was annexing the property. Mr. Jim Griffis, developer of the mobile home park, discussed the proposed development. Mr. Harwell asked if lie could continue to operate his business if the area was annexed, City Attorney Taylor responded that he could continue but It he decided to expand, he would need to seek a variance from the aoard of Adjustment, The Mayor closed the Publlo Hearing. The Council convened into a work session at SOO p.m. in the Civil Defense Room of the Municipal Building. PRESENTI Mayor Stewart, Mayor Pro Tem Stephens, Council Members HCl Riddlesperger, and Chew1 City Manager, City Attorney, and City Secretary ABSENTI Council Member Barton was absent due to illness The Council considered the emergency agenda addendum item to approve the cancellation of building restrictions on 15.396 acres. T.m. Downing Survey, Abstract 346 (East McKinney). Mr. Gary Kirchoff, attorney, stated that the area, which is located south of Mack Park, was zoned MP-1 for single family detached housing. The building restrictions which were filed on the property in 1955, do not provide for orderly development, These restrictive covenants must be signed away so that new restrictions may be adopted to correspond with the proposed use of the property. Mr. Kirchoff reported that the City of Denton owns an 11.821 acre tract adjacent to the property and this property was part of the original tract which was restricted in 1955. Mr. Kirchoff requestee the Council to authorize the signing away of the restrictive convenants on the City-owned tract. City Council Minutes Meeting of April 5, 1983 Page Two Mayor Stewart asked City Attorney Taylor if the Council could aprrove this action without first going through the Planning and zoning Commission, City Attorney Taylor stated P4Z approval was not necessary Hopkins motions Alford second to remove the restclotive covenants. Motion carried 5 "ayes" to U "nays" with Council Member Riddlesp4rger abstaining. 24 The Council received a report from Assistant City Manager McKean regarding the City of Denton's Senior Center philosophy. McKean stated that the report was in respones to the Council's request to have the philosophy for the Senior Center put into writing and presented to the Packs and Recreation Board. Hc):ean reported that specialized groups such as SPAN and RSVP had "on surveyed and they indicated that an open-ended, broad-based philosophy was preferred. No written responses were o'.:tained, Council Meir'aer Chew stated he would like to have these group's opinions in writing as they had the expertise in this area. McKean handed out a news release containing background information on the new senior Center Supervisor. Mr. Ronnie Kobects, member of the Packs and Recreation Board, Stated that input was needed from the organizations at the Senior Center. Council Member Hopkins stated that philosophy information should be obtained from the new Senior Center Supervisor. McKean replied that this possibility had been considered. Council Member Chew asked if the Parke and Recreation Hoard would report back to the Council after the philosophy was presented to themn. Mr. Roberts replied that the Board would report back. 3. 'the Council teeeived a report from the Parks and Recreation hoard regarding the proposed Briarcliff area park project. Assistant City Manager McKean introduced Mr, Ronnie Roberts of the Parks and Recreation board. Mr. Roberts reported that the area :or the proposed park had been finalized. The Parks and Recreation Board had met on March 28 and Burtis Hollis of the Denton State School and Steve Brinkman Director of the City Parks and Recreation Department had been contacted regarding the proposed park. The new proposal will be 10 acres which will assist in maintenance. The parking had been altered such that the entrance and parking area are In front of the fenced area, h gato with a look will be put on the back of the park area for use by the Denton State School. Council Member Stephens stated that Dr, Hollis's concern was that the drainage spillway remain clear and flowing. Council Member Hopkins asked if the cost figures included in the agenda back-up materials were for the new smaller park concept. Mr. Roberts responded that they were. The County Commissioners would still be involved in leveling the area and the citizens in the area pruposed to solicit donations and would be volunteering their time to install some of the equiment as appropriate. The total cost figure of 421,000 did not reflect any donations of monies or volunteer labor. The Parks Board projected a 861000 per year cost for operation and maintenance, Cityy Council Minutes , Meeting Of April 51 1983 page Three Departmenteb dget waahoutCbbynabout $30,ooo forPthis fiscal iyteeAK~ation roouncil ate some Of r id ltha rger Asked It the residents of the Act& Roberts stated that the residents were very interested and would donate labor but he could not speak for them in regards to the donation of equipment, they a wouldlbe willing ito residents could be neio ways that toddotepminor the stated Stephens stated that legal approval was required prior to any other actions, Hopkins stated that new equipment could not be promised as the budget had already been reduced and tie did not want to disapp<N%r%t res thataitamay take the City 2tto 3syears to tundiall ofdtheoequipment. Mr. John Travelle, member of the Parka and Recreation Board, st,,.ted the esi couldrbegin solicitingrdonations tot theaparkofr mhorganizations.tney Council Member Alford asked if any other City parka are furnisned by donations. McKean responded that McKenna Park had a trust fund for that parK only. City Attorney Taylor stated the first step was to negotiate the lease for the park land. The concensue of the Council was to direct the City Attorney to enter into lease negotiations, 4, The Council received a report from the Citizen's Teaffie safety Support Commission on flashing signal lights. Assistant City Manager svehla roported that a 24 hour traffic count had been conducted at the Intersection of Bell and Hickory. The en light meets Is set to warrants flaah beginning at 10100 p.>tandards which is shy th as this is count a intereeetionl.sidacatlon Cou factor Hopkins i involved asked thensafety Member yvehla replied that the Citizen's Traffic Safety Support Commission had reviewed the factors and recommended to leave the light as it is. The matters, real estate, personnel and board appointments. No otftclal action was taken. The Council then convened into the Regular Meeting at 7100 p.a. in the Council Chambers. PRESLNTI Mayor Stewart, Mayor Pro 'rem Stephens, Council embers n Hopkins, Riddlesperger, and Chewl City Attorney, and City Secretary A11SLNTt Council Member Barton was absent due to illness 1. 'rho Council considered approval of the Minutes 01 cne Joint 15, Utility 19831 and Board of Aarch geeting of 10 1 ie oteclal ReCity gu lar Council Meeting n of t March Public the the Called Lisating of March 224 1983. City Council Minutes { Meeting of April 5, 1983 Page Four Kiddleaperger motion, A14040 second to approve the Minutes as presented. Motion carried unanimously. The Mayor presented a Proolamaticn to Ms, Lima Nygren deolaring tine week of April 22 through May 3 as National Volunteer week, 24 Consent Agenda A. Bids and Purchase Ordersi It Bid 1 9123 - Mobile concession trailer 2. Sid i 9124 - Meters, sockets and transformers 3, slid 1 9125 - Mobile radio units 4. bid 1 9116 - Stand-off braokets 5. Sid 1 9127 - Truck beds and bodies 6. Sid i 9128 - Chemical insecticides and herbiciaes 7. Sid 1 9129 - Low band mobile radios 8. Mid 1 9130 - Pneumatic tube system 9. Sid 1 9131 - Acoustical the 10. slid 4 9132 - Cable, terminations and cutouts 11. Mid 1 9136 - Concrete saw B. Keplats, 1. Apppproval of the final replat of lots 9 and 10, block 1, Northside Addition. C. Contracts, 1. Approval of a contract with Jim Glass for propagation and administration of the 1983 Citizen Survey. Counoia Member Chew asked that item 2.n.l be removed from the Consent Agenda. Council Member Hopkins asked that item 2.A.7 be removed trom the Consent Agenda. Mayor Stewart asked that item 2.C.1 be removed from the Consent Agenda. Stephens motion, Chew second to approve the Consent Agenda. w:,tion carried unanimously. on item 2.A.1, Council Member Chew asked where the funoa would adore from to fund the mobile concession trailer. Assistant City Manager McKean responded the revenues from the pool, parks, and concessions would pay foe the trailer. Chew motion, Alford second to approve Item 2.A.1. Motion ci:riea unanimously. un item 2.A.71 Council Member Hopkins asked the the low band wzolle radios were replacements or additional equipment. City Council Minutes Meetinq of April 51 1983 Page Plve Assistant City Manager Svehla responded most were replaoamenta for 15 to 20 year old radios and a few were additional equipment, Hopkins motion, Alford second to approve item 2.8.7, Motion carried unanimously. On Item 240.1, Mayor Stewart stated that the oitizen survey had always indicated the streets were the top priority but frond elections had failed, Stewart questioned the value of continuing the survey. City Manager Hartung stated that other data was gathered from the survey, such as citizen attitude about City services. The continuing of the survey would enable the Staff to follow trends. Stewart asked if the survey instrument could be altered to more specifically ascertain attitudes, Council Member Hopkins stated the need to determine how the citizens wanted to fund the street pro)euts. Council Member Riddlesperger stated that instead of a random sampling of oltizens, it might be more appropriate to only survey those citizens who had voted. A question on the survey might ask If the person had voted in the last election. Hopkins motion, Chew second to approve item 2,C,1. Motion carried unanimously, The Council received the annual report by the .'-e n ton Chamber 0 Commerce, Mr. Tommy Caruthers, Chairman of the uenton Convention and Visitors 8ureau, handed out copies of the budget to the Council and reported that the budget had been approved by the Chamber of Commerce Board of Directors, Mr, Caruthers stated that the Convention and Visitors Bureau had been working for 6 years to entice conventions to uenton. Council Member Chew asked how many groups had visited or stopped over in Denton in the last year, Caruthers responded that approximately 130 groups or about 70,000 people had visited or stopped over, Council Member Alford stated that anyone who had been involved with the Chamber of Commerce at the beginning of this program coulo see how it had grown. 4. The Council recognized the representative of the a.aha'i Faith of Denton. Ms. Carolyn Self, representing the 8aha'!s, handed out inforaation on the persecution o the saha'is in Iran. Ms. Self stated she had come to request a statement of support and a resolution fcca the City Council. Council Member Riddlesperger asked to have the resolution placed on the April 19 Council agenda. 5. The Council recognized a representative of the Sigma Alpha Mu fraternity requesting to close a portion of Fry street for the annual Fry Street Fair/Spring Rennaissance. Mr. David Mass, representing the fraternity, stated that this was an annual event. The following resolution was presented, City Council Minutes Meetingy of April S, 1963 Page Six hNa2lskIA2a WHEREAS, on Sundays April 24t 1983t the Sigma Alpha Mu Fraternity is sponsoring an Spring Renaissancs to be hold on Fry Street botween the Intersection of Oak and Hlakoryl and WHEREAS, the Spring Renaissance is open to the general public of the City and County of Denton] and WHEREAS, in order to provide adequate apace for the said Henaissanue and in order to protect the safety of citizens who attend, the City Covneil of the City of Denton deems it is necessary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 9100 A,M, until 7130 P.M, on April 24r 19837 NOW, T HERLFORe.1 HE IT "SOLVED dY THE CITY COUNCIL OF THE CITY OF DENTONI TEXASi SECTION It That Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thoroughfare of any xind or character whatever on April 24, 1983 from 9100 A,M. until 7130 P,M, for the purpose of holding the Sigma Alpha Mu Spring Renaissance, SECTION 11. That the portion of the above described streets shall revert bank to the City for normal traffic activity immediately from and after 7130 P.M. on April 241 1983. SECTION III, That this resolution shall tape effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the 5th day of April, 1983. RICHARD U. STLWAR'P, MAYUR CITY OF 0011ON, TEXAS ATTLS T 1 CHARTZTTL ALLEN, CITY SECk(LTARY CITY OF DENTUNI TEXAS APPROVEn AS TO LEUAL FORMt C. J. TAYLOR, JR., CITY Arl.ORNEY CITY OF DENTON, TEXAS $Y1 Riddlesperger motion, Hopkins second that the resolution be passea. On roll call vote Ropkine "aye", Stephens "aye", Alford 'aye', Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried unanimously. 6. The Council considered adoption of an ordinance and accompanying service plan for the purpose of annexing a tract of land consisting of approximately 456 acres located Past of FM 2181 and north of Robinson Roaa. (4-1560) Cit Council Minutes Meeting of April 51 1983 Page Seven Charlie Watkins Senior Planner, atated the adoption of the ordinance would be the final step in the annexation proceedings and the approval would require 6 affirmative VOtea, Council Member Stephens stated that at the public hearing some residents In the tract had asked not to be annexed. Stephens naked if the eastern boundary of the tract could be moved further west. City Attorney Taylor responded that the ordinance could be approved with a change of boundary but an accurate description of the land to be annexed had to be included. Another option was to postpone the ordinance until the April 19 meeting, Jeff Mayer, Uirector of Planning and Community Development, stated that it was impossible to change the description of the land in tim'a to have the ordinance passed at this Council meeting, The land in question had been sold previously to be developed but the developer had defaulted. The owners of the property would still have the option of selling to another firm In the future, Meyer stated that if the Council wished, the ordinance annexing the entire tract could be approved ana at some future date the one parcel in question could be di,sannexed. The following ordinance was presented, NO, 83-33 AN ORUiNANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON# TEXAS BEING ALL THAT WT, TRACT OR PARC,iL OF Wit) CONSISTING OF APPKUXIMATELY 456 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF UENTON, STATE OF TEXAS AND BEING PART OF THE J. FISHER SURVEY, ABSTRACT NO. 421, 8. Law IS SURVEY, ABSTRACT NO. 769, M.E,P. i P.R.R. SURVEY, ABSTRACT NO, 950, E, PICKETT SURVEY, ABSTRACT NO. 1018, AND THE S. HEMBRIE SURVEY, ABSTRACT N0. 6431 UENTUN COUNTY, TEXASi CLASSIFYING THE SAME AS AGRICULTUkAL "A" DISTRICT PROPERTY1 AND UECLARINU AN EFFECTIVE DATE. Chew motion, Alford Second to adopt the ordinance, On roll call vote Hopkins "aye", Stephens "aye", Alford "aye", kiddlespergor "aye", Chew "aye", and Mayor "aye". Motion carried unanimously, 1. Public Hearinga, A. The Council considered the annexation of approximately 151.49 acres of land located South Of the Texas Pacific-M,K.ST, railroad, north of Highway 380 and east of Cooper Creek Road, (Z-1564) The Mayor opened the Public Hearing. Charlie Watkins, Senior Plannerr spoke in favor of annexation and reported that the on-site public hearing had been held, The annexation was precipitated by a proposed mobile home park or mobile home subdivision. JIM Griffis, developer of the mobile home park, stated he was in favor of the annexation. No one spoke in opposition. The Mayor closed the Public Rearing. Hopkins motion, Chew second to proceed with the annexation. Motion carried unanimously. City Council Minutes Meeting of April 5, 1983 Page bight b, The Qounoil considered the petition of Mr, Don Pesrson ra nesting a change In zoning from a specific use Permit (5•.ii1; for a day oars center to the two family i2-F) classification on a r•srcel approximately 0,703 aore lo slat, The property is looated atom the west side of Stuart Road beginning approximately llo0 fast north of the interseotion of Stuart Road and Windsor Drive and is more particularly desoribed as lot 41 The Village - Phase 1. The Mayor opened the Public Hearing. No one spoke in favor of the petition, Mr, Guy Williameon, 1509 Stuart, stated he was not in maws or opposition to the petition but wanted to know why he was not notified of the request to change the zoning, City Manager Hartung stared that the notification for 1509 Stuart was mailed to Mr. mill Nash, Ms. ,Marilyn Hamilton, Sierra Drive, stateo she was in opposite.-n to spot zoning changes and felt the neighborhood should remain wangle family dwellings. The Mayor closed the Public Hearing, David Ellison of the Statt reported the history of the property and atatea this change represented down zoning. The following ordinance was presentedi NO. AN ORDINANCE AMdNUING THE ZONING MAP OF THE CITY OF TEXAS, AS SAME WAS ADOPTEU AS AN APPENDIX TO THE OF ORDINANCES OF THE CITY OF UENTON, TEXAS, UY ORDINANCI NO, 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 0.7Q.1 ACRr, OF LO'D, MORE OR LEbS, AND SLING KNOWN AS LOT i, THE VILLA", PHASE 1 LOCATED ALONG THE WEST SIDE OF STUAi" ROAD BEGINNING APPROXIMATELY 1100 FEET NUKTH OF THE INTERS!,:TION OF STUART ROAD AND WINDSOR URIVE~ AND DECLARi\,; AN EFFECTIVE DATE, Chew motion that the ordinance be adopted. Motion died tot lacp of a second, Riddlesperger motion, Hopkins second to table, Xotion carried unanimously. C. The Council considered the petition of William S. Nash requesting a change in coning from single family (SF-7) and Planned development (PD-24) to the planned development (Pb) classification on an approximately 19.176 acre parcel beginning at the noctnwest cornet of Stuart and Windsor and extending approximately 115v feet northward and terminating approximately 230 feet south of Aspen Urlve. If approved, the planned development (PU) will permit the following land usess 1. Greenbelt area - on 4.026 acres 2. Single family (SF-7) - on 1.65 acres 3. Multi-family (MF-R) or 4-plexes - on 5.0 acres presently zoned single family (b F'-7) 4. Two family (duplexes) - on 8.5 acres presently zoaeu single family (8F-7) The Mayor opened the Public Hearing. Mr. William Naeh, developer, spoke in tavor of the petition stating that he had been working on the parcel for 5 or 6 years. jingle family houses are not selling in this area but he felt that duplex City Council Minuteu Meeting of April 51 1983 Page Nine housing would $ell. The area would be buftared by a Crook between single and duplex housing. Ms, Marilyn Hamilton spoke in opposition stating that the traffic would be increased and that the houses would be in danger of flooding. Mr - Burt Hill, residents stated the traffiu congestion would be increased and the pedestrian traffic in this area is heavy. Mr, Hill stated he was concerned about the quality of the nolghb4>rhood and that he had moved into this area because it was single family dwellings. Hill stated he understood Mr, Nash's proposal but was still ooncorned about the traffic situation. Mr. Guy Williamaon, 1509 Stuart, stated he had bought his property with the expectation that the area would remain single family residences. Me, Donna wielder, 520 Aspen, stated she had lived In the area for only 3 months and part of the decision to locate in this neighborhood way due to its being single family dwellings. Me. Fielder stated she thought the purpose of zoning was to proteot neighborhoods. Mr, Nash, responaing to the opposition, stated that the traffic problems had bben studied by the City engineers and that due to the thorofares of Sherman Drive, Stuart Road and Windsor Urive, the traffic increase shoula not be a problem. Mr, Nash restated teat he would prefer to sell single family houses, but had been unable to do 90, The Mayor Closed the Public Hearing. David Ellison of the Staff showed an overhead projection of the site and the zoning, 'thirty-two reply forms were mailed out and eleven were returned in opposition. Ellison stated that the Denton Development Guide calls out speoieic criteria for low :tensity planned oevelopment. 'rho Planning and aoning Commission had added a stipulation that siaowalka be providad after 254 of the Lots had been sold. Transition and buffered dress have been provided. The traffic due to duplexes would increase by two times what single family nousing would genorate but not more than two times the traffic. Mr. Ellison stated that the Planning and Zoning Commission had recommended approval. Mayor Stewart asked if this zoning change took into account the extenslor, of bell Avenue. Ellison responded that the proposed extenAlon of Hell Avenue Would bypass this area. i The following ordinance was presented, NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DtNTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CL`-,~E OF ORUINANCES UN THE CITY OF DLNTON, TEXAS, BY ORDINANCI N0. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 19.116 ACRES OF LAND, MUHE OR LESS, OUT OF THE 8.8.8. 5 C.R.R. SURVEY, AbST'RACT NO. 1861 AND UECLARINU AN EFFECTIVE DATE. Alford motion, Riddlesperger second to deny the change in zoning. On roll call vote Hopkins "nay", Stephens "aye", Alford 'bye", Riddlesperger "aye", Chew "nay", and Mayor "aye". Motion to deny carried 4 to 2. City Council Minutes Meeting of April 51 1983 Page Ten D. The Council considered the petition of H,J, and Ann Minton requesting a change in coning from single family (SF-7i to the office (C) classification on a 0.186 acre tract located at 1600 and 106 Bernard $trect and 702 Stemnons, (4-1568) The Mayor opened the Public Hearing. Curtis Loveless, lawyer representing the Mintona, handed out materials to the Council. The tract fronts on 1-35 and is across the atreat from the Villa Capri motol, Mr, Loveless stated that the opposition from the Planning and Toning Commission was due to the lack of control on buildings which were classified in the ottice classification. Mr, Lovaleas stated that this development woulJ be a significant improvement to the area, there were no ob3ecttons from the residents, and it would produce revenues for the City. NO one spoke in opposition. The Mayor closed the Publ19 Hearing. Jeff Meyer, Director of Planning and Community Development, reported that 7 reply forms werd mailed out with 3 returned in favor. keyer stated that the ()roblem is not with the arrangement but that the Planning and Zoning Commission required more time to study ac~esa. The PiZ would recommend denial of the office classification but would recommend approval of a planned development classification. Hopkins motion, Riddlesperger second to table the issue to give the petitioners an opportunity to request a planned devel pment classification, on roll call vote Hopkins "a~+e", Stephens "nay", Alford "aye", Riddlesperger "aya", Chew "aye , and Mayor "aye". Motion to table catried 5 to 1, E. The Council considered the petition of Mr, Allan Getz requesting a specific use permit for a mobile home park on a tract of land consisting of approximately 39,313 acres located aloe; the east side of iayhill Road iauaediately north of property owned oy the Andrew Corporation. (S-165) The Mayor opened the Public Hearing, Mr, Tom Jester, lawyer representing mr, Getz, spoke In favor of the petition. Mr, Jester stated that he was aware of hesr,tancy regarding mobile home parks but this development would be approximately 277 lots and would institute internal rules and regulations, Concrete street would be built anti the loeatio:. was close enough to 1-35 to preclude any traffic problems, Mr. S. L. Nelson, consulting engineer, stated both o.evalopera are interested in a quality park and that no topographic or traffic problems exist, Mr, Allan Getz, owner, statea that he was interested in a lory term investment and that would ensure the quality of the park. Mr. John Stockton, owner/developer, stated that money from the park would be reinvested in maintenance and development. Stockton also stated that, the management of the park would maintain high standards. Mr. George Hopkins, lawyer representing the Andrew Corpora a on, spoke in opposition stating the concern over traffic on Mayhill Road and also possible problems with water pressure. Mr, Hopkins stated that the Andrew Corporation area is zoned light industrial and other industries world be developing in this area. Council Member Stephens asked the Mr. Getz ob3ected to mora light industrial zonir.q in this area. it City Counoll minutes meeting of April 1983 Page wleven Mr, Gate replied ho did not as privacy tenoing would. be provided it the mobile hone park and a green area exists between the park i.t,o the Andrew Corporation. The Mayor closed the Public Neacing, David Ellison of the Staff stated that the water and sewer problaa,s would be addressed curing the platting prooese, The fencing is required by tho City's mobile home ordinance. Ellison stated c,:,•1t traffic would be A problem, If Mayhill Road is included in vto extension eing 288t 60 feet did o not include - a d site uplana requxrr5. The o City Attorney Taylor stated that a site plan must be included bet.te the ordinance could be adopted. Ellison replied that a site plan had been submitted with a 30 :oot right-of-way but the Planning and Zoning Commission reoommanded a 6%, foot eight-of-way. The petitioner had chosen not to submit a revised 60 foot right-of-way site plan, The following ordinance was presented; NO, 83-34 AN URDINANCE GRANTING A bPe m c uS8 PERMIT AND AMEN4INO THE 16UNING MAP OF THE CITY OF 010106, 'IEXAS, AS SAMS AAS ADOP96U AS AN APPENDIX TO THE CODE OF ORUINANCES OF THE CITY OF D6NTONj TEXAS, XIMATELY ORDINANCE 39,313 O ACR6,8 1 OF AND AS MAP APPLIES TO AP LAND, ml) 84ING LOCATED ALONG THE EAST SIDE OF MAYHILL ROAD AS a,fJ.•WN ON THE TAX RECORDS OF 'VHE CITY OF DENTON, TEXAS; J%NU DECLARING AN EFFECTIVE. DATE, Hopkins motion, Chew second to adopt the ordinance with the Plan,-A ng and ~oninq recommendation of a 60 foot right-of-way dedication. On roll call vote Hopkins "aye", Stephens "aye", Alford ' Rldalesperger "aye", Chew "aye", and Mayor "aye", Motion car Iied unanimously. el The Council considered the petition of R. J. dutton representing Lakewood Estates requesting a specific use petntt to develop and operate a mobile home park in an agricultural (A) a,:,-Itng district, The property totals approximately 83 acres In size do3 to located along the north aide of Robinson Road and east of E;M ::181 t'Passley Lane). (S-166) The Mayor Opened the Public Hearing. Mr. A. J, button, developer, spoke In favor of the petition. Mr Uutton states that this would be a mobile home park and n.;t a subdivision as it would all be under one ownership, Mr. ai.tton reported that he had given easement for the Hickory Creek sewer, line and was installing an 8 inch water line. No one spoke in opposition. The ,Mayor closed the Public Hearing. David Ellison of the Staff reported that 14 reply forma har: Dean mailed out and 4 had been returned in opposition. Council Member Riddlesperger asked about the plans to ::narove Robinson Road, Ellison replied that Robinson Road was not included Lc the annexation and would be maintained by the County. City Manager Hartung stated that discussions had been held rt:n the County Commissioners regarding maintenance but nothing firm hay! been agreed upon. City council Minutes Meeting of April 5r 1983 Page Twelve Mayor Steward questioned as to whether the extension of Loop 288 would necessitate a 60 foot right-of-way in this area. Charlie Watkins of staff responded that this was a tract of record and will since it will not be subdivided the City cannot require right-of-way. Tae park was already under construction when annexation pr:.caadings were begun. The following ordinance was presented) NO. 63.35 THE ORDINANCE ZONING MAP OFT THIS CITY SPECIFIC OF F DENTON, PTLXAS, ASU SAKE NDWAS ADOPTED AS AN APPENUIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, A440 AS SAID MAP LOCATED APPLIES U NORTH~5IDE OF ROB SONF ROAD D AND EAST BEING F,M. 2181 (T.ASLEY LANE) AS SHOWN ON THE TAX RECORDS OF THE CITY OF DENTON, TEXASI AND UECLARINO AN EFFECTIVE UATE. Chew motion, Alford second to adopt the ordinance. On roll call vote Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor "aye Motion carried unanimously, 0, The Council considered the petition of the Cumberland Presbyterian Children's Home requesting a specific use permit to allow expansion of the existing children's home at 1301 Bernard htreet. The property is approximately 17.359 acres in size and begins at the northwest corner of Bernard and Greenlee. (5-167) The Mayor opened the Public Hearing. Mr. Bill Thomas, Vice-President of the Boaru of Trustees of the Cumberaand Presbyterian Children's Rome, asked the Council to approve the petition. No one spoke in oppoaitlon. The Mayor closed the Public Hearing. David Ellison of the Staff stated this was a legal non-conforaing use an,i was in existence before the zoning ordinance was adopted. The following ordinance was presented3 NO. 83-36 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THk CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 17.359 ACRtS OF LAND, AhU BEINU LOCATED AT THE NORTHWEST CORNER OF BERNARD AND GREENLEE, AS SHOWN ON THE TAX RECORDS OF THE CITY OF U6NTON, T4XASI AND UdCLARING AN EF6riTIVE DATE. Alford motion, Chew second to adopt the ordinance, On roil call vote Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "aye"r Chew "aye", and Mayor "aye". Motion carried unanimously. 8. Qtdinancess A. The Council considered approval of an ordinance amending Appendix B - Zoning, of the Code of Ordinances of the City of Uenton, Texas, 1969, as amended, by deleting in the appendix Illustration thereto the exception to the required side yard for accessory buildings where a fire wall is provided on the lot line, and providing for an effective date. city counoil Minutes Meeting of April St 1983 Page Thirteen Charlie Watkins of the Staff stated that the zoning ordinance nas several appendix tilustrations. The Staff is requesting this illustration be repealed. The following ordinance was presenteds NO, 83-37 AN ORDINANCE AMENDING APPENDIX B-ZONING. OF THE CODE OF BYDIDN4STINOF INE CITY APPEN IXNtIL USTRATION 9# THERETO THE EXCEPTION TO THE REVUIRF.D SIDE YAHU FOR ACCESSORY BUILDINGS WHERE: A FIRE WALL IS PROVIDED ON THE LOT LINE, AND PROVIDING FOR AN EVVECPIVE DATE, S roll call tephens motion, Hiddlesperger second to adopt t;ile ordinance. On Ridolespe ger o"aye", opkins chow "aye", ~ and emaY r ways'. ~ MoAlford 'aye' tion carried unanimously, 1s, The Council considered approval of an ordinance amending Article 18 of Appendix B - Zoning of the Code of Ordinances of the City of Denton, Texas, 1969, ,as amended, by deleting therefrom the ten (10) foot rear yard requirement for acr.essory buildings, and providing for an effective date. Charlie Watkins stated the Planning ,pnd Zoning Commission had ra•and this provision to be inconsistent with the 3 feet set back. The following ordinance was presentedt NO, 83-38 AN ORDINANCE AMENDING ARTICLE 18 OF APPENDIX B-ZONING OF AS AMENDEUt BYU UELETING FTHEREFROMP HE T N1~(101)EXFOUT,S YARD REQUIREMENT FOR ACCESSORY BUILDINGS, AND PROVIDING FVR AN EFFECTIVE DATE, Hopkins motion, Chew second to adopt the ordinance. On roll call vote Hopkins "aye", Stephens "aye", Alford "aye", Riddles eager "aye", Chew "aye", and Mayor "Aye". Motion carried unanimously. C. The Council considered approval of an ordinance approving abandonment and quitclaim of easement to Texas Power and Light Company ((Jrantee, J.A. Mounts). The following ordinance was presentedt NO, 83-39 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTI-:7,Y EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIlI.`iG :HE MAYOR TO 6XECUTE A QUITCLAIM DEED CONVEYING ALL RloET, TITIX AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAIL) EASEMENT; AND ULCLARING AN EFFECTIVE UATE, Hopkins motion, Chew second to adopt the ordinance. On roll .all vote Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor aye Motion carried unanimously. D, The Council ,onsldered approval of an ordinance approving abandonment of an easement (Stratford Addition). Bob Nelson, Director of Utilities, reported that the North Stuart Road developer had placed a building 4 toot over the lot line and the City needed to aoandon the easement. City council Minuteall Meeting of April S, 1983 Page Fourteen The following ordinance war, Pi•esentedl NO. 83-40 AN ORDINANCE PROVIDINU FOR THE ABANOONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZIN3 THE M TIT" AYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, OWNER OFD'THE TTRACT OFF LANTHL CITY IN D QONVISYED SY SAID SAIFD EASEMLNTTO j AND DECLARING AN EFFECTIVE DATE, Chew motion, Hopkins second to adopt the ordinance. On roll call Vote HOtKins "A""' Stephens "aye", Alford "ay*", Riddlesperger "aye", Chew "aye"s and Mayor "aye". Motion carried unanimously. canvassing the lieleotion ireturns landecallingo a run-off electiordinance on If necessary, The following ordinance was presenteds NO. 83-41 RESUOLTDIOF NCE CANVASSING THE H GULAR MUNICIPAL HLELECTION HELD IN THE .:ITY OF D1.NT(JN ON APRIL 2, 1983. Chew motion, Stephens second to adopt the ordinance. On roll call vote Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "aya", New "aye", and Mayor "aye". Motion carried unanimously. 9. Resolutionsl legislationetooIncrease considered hoel/mohel approval Occupancy e tax u from 41d tor~ng City Manager Hartung turned the discussion over to Mr. Clavis Morrisson of the Oreater Denton Arts Council. Mr. Morrisson reported that this legislation was originally entered for 69' but the Greater Denton Arts Council had requested to bracKet the city of Denton to 5¢. This resolution was the first step and would have to be followed by an ordinance. Mr, norrisson presented the Council with copies of the proposed budget for use of the new funds.. Mr. Jim Platt, manager of the Denton Ramada Inn, spoke that tae managers of the Denton motels were in opposition to the rate inorease and presented a letter to Mayor Stewart, Mr. Platt stated that it had not been shown that the the facility for the Arts Council would bring more overnight guests to Uor.ton. Mr. Platt stated that a more effective use of the tax would be core advertising to attract visitors to Denton. Ile presented a chec--~ to the mayor for tno first quarter occupancy tax, Mr. Platt reported that tho motel managers were not objecting to an increase in the tax, but to the use of the tax. The following resolution was presenteds R E S O L U T I O N WHEREAS, it is necessary for the Council of the City of Denton to support legislation before the House and Senate to amend Article 1269j-4.1, entitled Public Impvovemeots in City, Town or Village) bonds) Occupancy Tax) and City Counoil Minutes Meeting of April 5, 1963 Page Fifteen WHEREAS, a neceusity exists for the increase of revenue derived from the hotel/motel occupancy tax from four (0) percent to five (51) percents NOW, THEREFORE, 8E IT RESOLVED BY THY: CITY COUNCIL OF THE CITY OF VENTON, TEXAS3 SECTION I. That the City Council of the City of Denton, Texas supports legislation to amend Article 1269]-4,1, Public Improvements in City, Town or Villager bonds; Occupancy Tax to enable the City of Uenton to increase Its Hotel/Motel Occupancy Tax from four (4t) percent to five (5Y) percent. SECTION II, That a copy of this Resolution shall be forwarded to the Honorable 'rip Hall, State Representative, Austin, Texas, SECTION III4 This Resolution shall become effective from and after its date of passage. 1 PASSED AND APPROVED this the day of , 983. RICHARD U, STEWART, YOR CITY OF U'3NTON, TEXAS ATTtST1 CHARLOTTE HLLEN, CITY SECRt'rAR CITY OF UL~NTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF LiNTON, TEXAS BYt Alford motion, Chew second that the resolution be passed, On roll call vote Hopkins "aye"s Stephens "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and mayor "aye". Motion carried unanimously, 10. The Council considered final payment to Moore Construction Company for Northridge drainage, Assistant City Manager Svehla reported that the contractor had not completed the project on time and there was a problem with some asphalt damage. Moore Construction had agreed to pay for 20 days delay and deduct the cost of the asphalt damage. Hopkins motion, Chew second to approve the final payment. Motion carried unanimously. I1, The Council considered approval of a lease agreement with Ray Testa for office spaue rental in the Airport terminal building. GREATER DENTON ARTS COUNCIL April 5, 1983 The Mayor, Members of the City Council and the City Manager Municipal Building Denton, Texas 76201 Gent lement -In the event the Texas Legislature authorizes the Denton City Council to increase the hotel/motel room occupancy tax from 4% to 51o, and if the City Council then passes an ordinance increasing the tax and dedicates the monies raised through the Cultural Confederation to the Greater Denton Arts Council, the Arts Council will spend the monies in the following manners 1. To the extent necessary to complete the construction of the Denton Arts Complex, all the above monies will be spent on that construction project. 2. Beginning with the first day of the seventh year, or earlier if priority number 1 is satisfied earlier, 251/16 of the monies wilt be dedicated to the use of the Festivals Task Force for the purpose of planning and securing summer art, music, dance and drama festivals as well as traveling shows during the remaining portions of the year. 3. Beginning with the first day of the eleventh year, 40% of the monies will be given to the Denton Historical Commission for its use. 4. All monies not committed above will be used for the current and ongoing purposes of the Arts Council: primarily subgranting to our member organizations. If legislative and council action result in realizing the above increase for the Arts Council, the latter pledges not to seek any further increases in this tax in the future. Regardless of the disposition of the present request for the tax increase, the Arts Council pledges not to seek any change in the current distribution of the hotel/ motel room occupancy tax now in place, believing as it does that the work of the Convention and Tourism Bureau and of the Denton Historical Commission are also very important and worthwhile for the citizens of Denton. The Board of Directors of the Arts Council authorized the President to publish this letter at Its regular meeting, Tuesday, April 5, 1983. 1 Yours very truly, ~ mow. 817-382-2787 R. 0. 60X 1194 eVIrLo Tk 7SWa)194 Clovis C. Morrlsson, Jr. , President A ~,,~pR 198.'S March 30, 1983 The Honorable Richard O. Stewart Mayor Cityof Denton Municipal Building 215 East McKinney Denton, Texas 76201 Dear Mayor Stewart: As representatives of the Denton motels, we are writing to voice our concern and objection to the proposed amendment to Article 126j-4.1. Public Improvements in City,Town or Village; Bonds; Occupancy Tax. Consideratlon of this amendment to raise the present occupancy tax of 4% to 5% exclusively for the use of the Greater Denton Arts Council is unwise for the following reasonsi 1) the use of the occupancy tax should be for the promotion of more visitors Into Denton 2) to our satisfaction, it has not been shown that building an arts complex would increase overnight guests and revenue in Denton 3) more effective use of the occupancy monies could be found, such as more advertising of the city, etc. 4) the arts council already receives far more monies In relationship to taxes collected than the vast majority of Texas cities, such as Dallas, Fort Worth, San Antonio, etc. We strongly object to the usage of motels In Denton as an easy source of funds for a selective interest group, and not for the benefit of all Denton residents. Let's use the occupancy money collected for promotion of new economic benefit to Denton. We are not in favor of raising the occupancy taxes from 4% to 5% locally specifically for the benefit of the Greater Denton Arts Counicl. Sine rely, ett Ken Amien Bob Morrison Best Western Denton Inn Clayt n Houser. Totel Desert Sands Motor Inn Roy Mody ank Chang 'Michael Setoudeh Hollday Lodg L Quint In La Quinta Inn im Matt ' Loren Trager` Ramada Inn Ramada Inn City Council Minutes Meeting of April 5, 1983 Page Sixteen Adsietant City Manager Svehla reported that this wan an 8 foot x d foot office in the terminal building. The proposed lease agreement was for one year at a charge of $100 per month. Hopkins motion, Stephens second to approve the leave agreement. The motion carried unanimously. 12. The Council then considered the request of me. Darles Watson for a curb out on Carroll Boulevard. Me. Watson stated that she owned rental property on Carroll Boulevard and since there was not adequate room to turn around, the renters were forced to back out on Carroll Boulevard. Ms. Watson was requesting permission for a curb out to allow for a circular drive. Mr. Taylor stated that backing onto Carroll Boulevard presented a Bacot hazard to the centers and those persons travelling on Carroll, Mr, Taylor also stated that since the renters had to park their cars in the front yard, an unsightly situation existed, Mayor Stewart asked if Ms. Watson had tried to arrange the driveway so as to leave adequate apace to turn around. Ms. Watson responded that the garage had been converted to an extra room and the lot line was too close to permit any space for a turn around. Stephens motion, Hopkins second to table until the April 19 meeting. Motion carried unanimously. 13. The Council considered approval of a contract with David M. Grifflth to complete the indirect coat allocation for 1982-83. 8111 MoNary, Director of Finance, reported that this was the firm that was used last year and that this year their cost would be lesu as they were more familiar with the City of Denton's operations. Hopkins motion, Alford second to approve the contract, motion carried unanimously. 14. The Council considered approval of Change Orders 12 and 13, C-48-1188 Contract "A" and Change Orders 13 and 14 Contract "CO, ,Interceptor Sewers-Section 2, for Cullum Construction Company and Freese and Nichols, Incorporated. Bob Nelson, Director of Utilities, stated that these change orders for for the Hickory Creek sewer lines and reflected a "clean up" of the job. Hiddlesperger motion, Chew second to approve the change orders. Motion carried unanimously. 15. The Council considerod approval of Change Order 112, C-48-1188-03, Wastewater Treatment Plant, trom Uracon Construction Company and Freese and Nichols, Incorporated. Bob Nelson reported that this should be the final change order, Council Membera Hopkins stated that he had been concerned over the number of change orders and the amounts. He questioned is this was the result of poor planning on the part of Freese and Nichols. Nelson respondee that some of the change orders were to correct operational problems and some could have been placed on next year's budget but the Utility Department wanted to put the change orders on now to try to get the LPA to pay part of the cost. City Council Minutes Meeting of April 5, 1983 Page Seventeen Riddlesperger motion, Chew second to approve the change order. Motion carried unanimously. 16. The Council considered approval of Change Order t2, C-48-1188-13, Hickory Creek Llft Station for Red River Construction Company. Bob Ne)lson reported that this change order was for asphalt treatment of the road, Chew motion, Stephens second to approve the change order, Motion carried unanimously. 17. The Council considered approval of a request for quitclaim of twv alleys located in block 1 and block 2, Railroad Addition. 0-491 uavid Ellison of the Staff reported that these two alleys were built over several years ago. The ordinance executing the quitclaim would come before the Council on April 19. Stephens motion, Alford second to approve the reques'.. Motion carried unanimously, 18, The Council considered the approval of a quitclaim of 0.0414 acre strip of right-of-way located along the west side of Teasley Lane at the intersection of Teasley and Londonderry. IV-561 David El'ison reported that the right-of-way which was dedica';ed was in excess of the requirements, The quitclaim would allow this extra right-of-way to be used as parking area for several businesses on Teasley Lane. Council Member Stephens askea how far down Teasley Lane did the excess right-of-way stretch. Ellison responded that the area to be quitclaimed was the area near Londonderry. Chew motion, Stephens second to table until the exact length of the excess right-of-way was determined. Motion carried unanimously. 19. The Council received a report on the 1983 legislative session. City Manager Hartung stated that the Texas Municipal League furnishes the City with legislative reports which include a synopsis of the bills before the House and Senate and the position taken by T,ML. There were several bills which might require someone to travel to Austin. Hartung asked the Council how they would like to handle this. It was the concensus of the Council that when this situation arose, the City Manager should call the Council and have a representative from the Council travel to Austin. 20. The Council tnen oisoussea the selection of the auditors to perform the fiscal year 1982-83 audit. Mayor Stewart stated that he would like for the Council to direct the City Staff to oegin the selection procuss. Council Member kiddlesperger stated that the City would have to go out on bids. Council Member Hopkins atatea that since the Lirector of Finance was leaving, it would be an appropriate time now to ch':lye auditors. City Council Minutes Meeting of April S, 1983 Page Eighteen 21, official action on Executive Session itemai A. Legal Matters The council considered a resolution and agreement between the City of Denton ano the Town of Cross Roads. 1 The following resolution was presenteds R E S O L U T I O N WHEREAS, it is necessary for the Council of the City of Denton to authorize an Agreement between the City of Denton and the Town of Cross Roads concerning the City of Denton's existing Mosley Road sanitary landfill sitel NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASI SECTION I. That the Mayor of the City of Uenton, Texas is hereby authorized to execute an Agreement between the City of Denton ano the Town of Cross Heads in consideration of the mutual oonvenants met out in the Agreement attached hereto. PASSED AND APPROVED this the Sth day of April, 1981. RICHARD . STEWAHTj MAYOR CITY OF UENTON, TEXAS ATTESTI C 'PTE ALL E, CITY E RLTAR CITY OF UENTON, TEXAS APPHUVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF UE.VTON, TEXAS BY$ Chew motion, Hopkins second that the resolution be passed, On ;oil call vote Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "dye", Chew aye", and mayor "aye". Motion carried unanimously. 22. The Council considered adoption of an emergency ordirance prohibiting parking on both sides of Carroll Boulevard during tc.e annual Spring Fling. The following ordinance was presented: NO. 83-42 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON „OTH SIDES OF CARROLL BOULEVARD T40-HUNUREU FIFTY FEET tiSO') NORTH OF FAIN STREET TO SHLRMAN DRIVE DURING THE A:0iJAL 6PRING FLING To BE HELD APRIL 16 AND 17, 1983)j AND DECLARING AN EFFEC'T'IVE UATE. Chew motion, Hopkins second to adopt the ordinance. On roll call vote Hopkins "aye", Stephens "aye", Alford "aye", Riddlemperger "aye", Chew "aye", and Mayor "aye". Motion carried unanimously. City council minutes Neeting of April S, 1963 Page Nineteen 23, The Council then considered the administration of the a.ath of office to newly elected Council Members, City Secretary Allen administered the oath of office to duly e1e,.ted Council. Members Alford, Chew, Riddlesperger, and Stephens. 24. Now Business The following items of new business were suggested for future agendasi Council Member Chew requested a review of the signal light at i,ell and Hickory for the April 19 agenda, Council Member Riddlesperger requested a resolution in support of the Baha'is on the April 19 agenda. The u-4ating was adjourned at 11135 p.m. RICHARD 0. STEWART, MAYOR CHARLOTTE ALLEN, CITY SECRETARY 1~69C l l•l~ • yt.... CITY OF DENTON MEMORANDUM DATE OF MEETING: April 19, 1983 COUNCIL AGENDA ITEM # Consent agenda SUBJECT: Bid N 9134 Anhydrous Ammonia & Tank SUMMARY: This bid is for the purchase or, lease purchase of a tank and the chemical anhydrous ammonia for the next 17 months. This installation is necessary to meet the State requirements for the treatment of raw water and will in the long run reduce the amount of liquid chlorine needed. This will more than pay the difference in cost of this product. ACTION REQUIRED: Approval by council and award of bid. SOURCE OF FUNDS: Budget account 720-008-0060-8105. RECOMMENDATION: We recommend this bid be awarded to the low bidder for each of the separate items. The purchase of the tank from the low bidder U.S. Steel Agri-Chemical for $2,850.00• The ammonia from the firm, low bidder of Stinnes Oil & Chemical at $.19 per pound for an estimated 17 months use of 56,000 pounds for the total of $10,640.00. EXHIBITS: Tabulation sheet. l SUBMITTED BY: JO shall, C.P.M. ..`'Purchasing Agent JJM:lc DID N _ '3193 BID Ammonia 'rang & QhAMjcal _ OPEN 4-5-83 2 P.M. U.S.S. Stinnes 01 Dixie Dal-'Forth Agri- & Chemccal Petro- 'tank Co, ACCOUNT 4 020-008-0060-8105 Chemical Chemical VVY. ITEM DESCRIPTION VC DOR VENDOR VE DOIi VENDOR VE DOR -VE-NDOR VLrrauOR IA Lease or Loase Purchase of 'rank 17 months 510,00 lIi Outright Purchase Price of Completely Stress Released 2850,00 3114.81 2. _ Anhydrous Amonia (17 months) Premium Grade 56n004 121880.00 10,640.00 14,000,0) Gx /7 ~ C~~ 1 M CITY OF DENTON MEMORANDUM DATE OF MEETING; April 19, 1983 COUNCIL AGENDA ITEM # Consent Agenda SUBJECT; Bid # 9135 Third Party Loase Purchase Funding SUMMARY; This bid is for the lease/purchase funding of Motor Pool replacement vehicles and vehicles being added to the fleet. The list includes one ambulance, four refuse trucks, two pickup trucks, one cargo van with personnel lift bucket, one dump truck and one mobile concession trailer. The total package is $380,236.14 worth of vehicles. The purchase of these vehicles has been approved by the City Council at previous meetings and the majority of the equipment is on order with delivery scheduled from April 1, 1983 through October Is 1983. The lease/purchase approach to funding these purchases relieves the drastic impact on any one years budget and allows the City to "pay as we go This also, allows for better, cash flow management by making monthly payments instead of one lump payment. ACTION REQUIRED; Approval by Council and award of bid. SOURCE OF FUNDS; The funds for these lease/purchase payments will come from funds budgeted in the 1982-83 budget by the effected departments. The payment period is 36 months so funds will have to be allocated in future budgets. RECOMMENDATION; We recommend this hid be awarded to Mercantile Bank as the lowest and best bidder at a rate of 8.72 annual percentage rate or, 83.5;-5 of Mercantile National Bank Prime Rate. EXHIBITS; Tabulation sheet. V - SUBMITTED BY;\~.Sz ti Tom D. Shaw, C.P.M. Assistant Purchasing Agent. TDS;Ic 9135- BID TITLV, Lease/Purchase of FquiPlent - OPFNF,U~- First Morcantile Gel co Municipal Bank Leasing ACCOUNT Leas i ng _ VF.NUUk _ Volpolt - VBNbOK V~ OEl! VkNWKy VF;NUUkI ~'i;NliUli q QPY,_ lum v • , [ '1'i0 0,fi/10.9 8,7't J 9.81 1, Lease/Plrchase A,P.R, 1 CITY OF DENTON MEMORANDUM DATE O MEETING: April 19, 1983 COUNCIL AGENDA ITEM 4 Consent Agenda SUBJECT: Bid # 9137 Carpet and Installation SUMMARY: This bid is for the replacment of carpet in the Council Chambers where the carpet was damaged by water from the storm last Spring, The other, part of the bid is for the replacement of carpet in the City Managers Suite of offices, ACTION REQUIRED: Approval by council and award of bid, ALTERNATIVES: Not replace carpet in either, or both places, SOURCE OF FUNDS: Council chambers will be replaced by insurance reimbursement funds, City Managers offices fran 100-003-0001-9101. RECOMMENDATION: We recommend this bid be awarded to the lowest and best evaluated bidder for each porject, Item number 1, carpet and installation in the City Manager's offices, to Denton Plaza Carpet & Drapes for the lump sum of $2,565.56, Item number 2 carpet and installation in the Council Chambers and the adjoining offices to Denton Floor Covering for approximately 298 yards for $4,407,42, EXHIBITS: Tabulation sheet. 1 SUBMITTED BY:'T,' John J; Marshall, C.P,M, Purchasing Agent JJM:lc i DID M 913'/ SID Carpet. Installed OPEN C & C Carpet pen tan Carrel Penton " CnrPC t Max Floor Collins Plaza ACCOUNT I Cover i lip, Carpo t & Draper T O VENDOR VENDOR 0 i; AOR R Db~ ):NISiOR A ITEM l 1 2 4 Is 5hc f f e i ld Bay Ituoi City Managers Office Suite Alternat( a/lnstnllnCion 2145,20 2573,00 2565.56 2 298 ycls approximate for Alternate Armstrong W4ItC)1toiacr 3723,00 4753,10 4407.42 4763,70 4642,84 Installed CITY OF DENTON MEMORANDUM DATE OF MEETING: April 19, 1983 COUNCIL AGENDA ITEM 4 Consent Agenda SUBJECT: Bid # 9139 Turf Fertilizer 15-5-10 SUMMARY: This bid is for the purchase of 15 tons of 15-5-10 Sul fer Coated (Time Release) Turf Fertilizer. This material will be used on the parks and ballfields in the City of Denton. Included in this bid is the no charge use of a power take off driven hopper spreader. This quantity is an estimated quantity for use between bid award date and September 30, 1983 to be picked up on an as needed basis. ACTION REQUIRED: Approval by council and award of bid. RECOMMENDATION: We recommend this bid be awarded to the lowest bid meeting specification of Harpool's Fertilizer in in the amount of $300.00 per ton. The two alternate bids are not the time release formula we requested and the fertilizer would have to be picked up in Pilot Point or Justin and of course the hopper/spreader returned. This would result in time losses, man hour losses as well as exposing our personnel and equipment to highway traffic pulling a loaded trailer. EXHIBITS: Tabulation sheet. SUBMITTED BY: Tom D. Shaw, C.P.M. Assisant Purchasing Agent TDS:lc BID N 9139 lilt) Turf Fertilizer pilot point Ilarpools Justin 0P1;N 4/7/83 Farm Fertilize Send center ACCOUNT N ITEM D CRI P'Pl 1~t DOR V1a D0R -E D0F2 V L N D 0 ~V UO32~ VIJNUQI~ - VL~NI,iOR )___l5 Fertilizer 15-5-10 Timeralease 300,00 _ Al ernate 185.00 _ 125,00 l da~_ 1 day - C I I V' I CITY OF DENTON MEMORANDUM DATE OF MEETING: April 19, 1983 COUNCIL AGENDA ITEM # Consent Agenda SUBJECT: Bid N 9140 Fire Hydrants, Meter Boxes, and Water Meter Yokes. SUMMARY: This material replacement is for Warehousu stock and will be used as needed by the Water & Sewer Department, The fire :,ydrants with the various length bury (that portior between the water main and the ground surface) are necessary to keep the hydrant at a uniform height when the depth of the water main varies. ACTION REQUIRED: Approval by Council and award of bid, SOURCE OF FUNDS: The funds for the purchase of this material will come from Warehouse Working Capital 710-004-0598-8709 and be re-charged as needed to the various work orders in the Water & Sewer 1982-83 budget, RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification of Transo-Tex Supply as listed on the tabulation sheet, Total bid award $20,498.00, terms 2°i, 10 prox „ Net 30, delivery as required. The bids submitted by Metroplex Utility Supply and Industrial International for items 1, 2, and 3, the fire hydrants, do not meet specifications, Currently the City of Denton is standardized on the Mueller fire hydrant. We feel it is a superior hydrant, re- pair parts are interchangable, dependability is un- surpassed, and the Fire Department recoinmends and prefers standardization, Item 4, Meter box and item 5, Meter box lid, must be purchased in combination; therefore, we have re- commended the lowest bid with these two items combined. EXHIBITS: Tabulation sheet, SUBMITTED BY: Tom 0, Shaw, C.P.M, Assistant Purchasing Agent TDS:lc B!U 9140 BID TlTLEMisc, Water Supplies o1~BN[~.u 4/12/83 Trans-Tex Bowles & Metroplex Fitting Industrial - - Eden Utility Supply [nternatIo al ACCOUNT L QfY, I'rEDt ti 41~I'r10N --VSNUOEI _VLNWI(__-_ _VENU)R VENDOR VENDOR VENDOR _ !1[iNUOR Manufacturer Mueller Mueller U.S. Pipe Clow Waterous 1. 5 Hydrant 212' bury - 425.35 438.10 386.13 425.00 419,00 2. 5 hydrant 3' bury 435.15 448.39 394.12 435.00 419`00 _1--- 3. 5 Hydrant 3~,' bury 446.50 459.68 410.99 445,00 430.00 4, 200 Meter box 15.00 -23.80 `14.79 _ 23.55 23.80 5. 200 Meter Sox lid 8.00 included 8.29 _ 8.10 8.55 6, 200 Meter yokes 15.60 16.08 17.67 _ 18.15 16.25 stk-4 wk 45 days -45 days 30 days Stk-40 day _ Delivery t - - Term s 2%1Oprox 2`t10N30 Net 10prox Net Net I - , c.-s • lU. CITY OF DENTON MEMORANDUM DATE OF MEETING; April 19, 1983 COUNCIL AGENDA ITEM # Consent Agenda SUBJECT; Bid k 9141 8" Compound Water Meter SUMMARY; This bid is for the purchase of one 3 inch compound water meter to be used 0 the Lakewr.od Estates Mobile Home Park, We do not carry ir. stock or bid this size meter except when nee,.-ed for specific projects. ACTION REQUIRED; Approval by Council and award of bid. SOURCE OF FUNDS; Budget account 620-008-0462-9115. RECOMMENDATION. We recommend this bid for one 8 inch compoun, water meter be awarded to the low bidder Hersey Pr,.ducts for Hersey model MCT at $5,500,00 with 3, da the y Y delivery, EXHIBITS; Tabulation sheet. SUBMITTED BY: .'JoArs ha 11 C. P.M. ,,'Purchasing Agent JJM;Ic 1 KCU 0 9ll,l ~ BID TITLE'S _Compound Noter Clid unlrIn I llersuv Uornhnrd 6 Intl Products Co AssucirsCes OITNI;I) 4/19/83 ACCOUNT JJ 670-008-0462-9115 UNU01t -VI;M )Olt - _ Vl{NI)Ok V[;NUOk u VI:NI)Ok VLNUOK - l. l 8" Compound Inter meter----~ 5871.00 3500.00 6187.50 nth - 35 30-dny -30 (Inv T- - _ - Net Net Not cry , P-7', r CITY OF DEN'ION MEMORANDUM DATE OF MEETING; April 19, 1983 COUNCIL AGENDA ITEM # Consent agenda SUBJECT; Bid # 9144 Rebuild Pump SUMMARY; This bid is for the parts and labor to completely rebuild two Ingersoll Rand multiple stage condensate pumps at the Municipal Power Plant, One pump is to be rebuilt and returned to service before removing the second unit. ACTION REQUIRED; Approval by Council and award of bid. SOURCE OF FUNDS: Power Plant maintenance of generating equipment. RECOMMENDATION: We recommend this bid be awarded to the lowest. bidder of Johnson Pump Co., Factor Service Center in the amount of $4,455.00 per pump. Total order $8,910.00, FOB Denton, 12 month new pump warranty, EXHIBITS; Tabulation sheet. SUBMITTED BY. Toni D. Shaw, C.P.h Assistant Purchasing Agent TDS;Ic I~ 131D t 9144 DIp Rohuild Pump Johnson In~ersall OPE;N4-12-83Pump Pump ACCOUNT N QTY _ I1' -p ChII"1'ION ---EjT) - V)2~[)O Z VlNb0E2 E. ~It - ~I~EJ JUO12 V'3:NDO12 9742 Q(] PO B Dolivery ,2 wooks 3-4woek Torms not 30 net { CITY OF DENTON MEMORANDUM DATE OF MEETING: April 19, 1983 COUNCIL AGENDA ITEM # Consent Agenda SUBJECT: Bid N 9145 Turbine Repair Parts SUMMARY: This bid Is for the purchase of some spare repair parts for General Electric Steam Turbine Unit H4. The standby parts were used in the recent overhaul of this turbine. You will note that delivery is thirty-two weeks after receipt of order therefore, we must maintain a supply of repair parts, SOURCE OF FUNDS: 1982-83 budget funds account 610-008-0251-8339- E316, Power Plant maintenance of generating equipment, RECOMMENDATION: We recommend this bid be approved and the parts placed on order from the only supplier and only bidder of General Electric Corporation in the amount of $12,198.00, FOB Lynn, Mass,, delivery 1n 32 weeks, EXHIBITS: Ta elation,sheet, SUBMITTED BY: Tom D, Shaw, C,P,M, Assistant Purchasing Agent TDS:lc DID N 9145 uIU Turbino Repair Parts OPEN General . Elootrio ACCOUNT . Q)1~Y, _T t"~bS UI~SC~~" i0 GN~~Ft ~NUOR - ~ UO V>;Nt~Ott ~L` UOFV ~VCtJpOFt Vls;r;l~of2~~ Shop Valve Aasombly 1 1 Valve Disc 1846,00 1 racking 68,00 Main Steam Coru.rol Volvo 28 14 Nuts 272.00 TOLaI 2,918.00 Delivery 32 weeks P013 Lynn Moss CI'T'Y COUNCIL AGENDA 6ACK^UP SUMMARY SHEET Dates April 19, 1983 Subject; Approval of the final plat of the Aamco Adcaition. Summary; This is the proposed subdivision of a 22,000 square foot tract located at the southeast corner of South Locust Street avi the I-35 service road and north of Acme Street. The property is zoned commercial (C) , and an Aamco 't'ransmission service is the anticipated use. The Planning and Zoning Commission approved the preliminary plat at its meeting of March 23, 1983. Action Required: Approve the final plat. Recommendations All requirements have been met and the Planning and Zoning Commission recommenus approval. Alternatives; Approve the final plat. Attachments= Reduced final plat to d,Ll~ David Ellison, Development Review Planner '1 r LOCATION MAP vo $474f V, of _x(trl ti J !J i ~ L , .e11 6z3 f0 9rArt of rtxAE /T [UCUSr Cr lilt. I• st~~osl't Jl~ a rr H a t~•H,/a I• r~ I I s.-0 ~•a ~t L1oM (CALL salJda t 150pj PtTa,\ , P A 'f N,'HQL j of `P~J u, AAMCO ADDITION sP ` LOT I BLOCK I 2?, 000 Sp it . f rr',~LY', f S es°>adr't I y~"c • ! 5 B.7.30 4' E 5). PR i T Ih`P "ca 3Sy ~ryg9 ,q'~'or• 1 • H99P lO~J I'N M1f2E Iy Q * NEEi12 d'4-1 N -r fIP \.,t I so ss HaaJ2o dl'N 20075 paY'~a JE'a , -3 0 I a~ { I ~1Cti•: dpCIT1pN rWI I Wild 4E4 f P A. NICHOLS } 3001 CARMEL OENTON,TEXAS i v JACH !p, 903 ANAL PLAT LOT I BLOCK I AcAMCO ADDMON SEIrIG A PART OF THE ALEXANDER HILL SUP A•643 CITY OF DENTON, DENTON COUNTY, TEXAS {tJ CITY COUNCIL AGISNDA BACK-UP SUWAARY SHE14T Uate: April 19, 1983 Subjects Approval of the final plat of lots .1 and 2, block At Guy Laney Addition, summary: This property begins adjacent and oouth of Dallas Drive ana has additional frontage along the 1-35 service road. The four (4) acre tract is zoned commerciai (C) and an auto dealership development is anticipated on a portion of the tract. Action Requiredi Approval of the final plat. Recommendations Technical requirements of the subdivisioIl regulations have been satisfied. The Planning and Zoning Commission recommends approval of the final plat, Alternative, Approve the final plat. Attachments; Reduced linal plat David b1lison, Development Review Planner 5's r - `JI Jp „ T O V }9 lS \ Ct LOT 2,877 AC i W I! BLOCK A n r, GUY LANEY ADDITION W r O M N 0 a v' ? p. r~ 3 O k p h . h LOT 2 1122 AC \ 4 J p SERVICE kUgp 261261 CITY COUNCIL, AGUNUA BACK-UP SUMMARY ShLOE1' Dates April 19, 1983 Subject: Approval. of the final replat of lots 3, 4, and 5, block It Hillside Addition. Summary: This is a proposed one lot re-subdivision of property located along the north side of Fannin Street between Beatty and Bernard. The zoning is multi-Eamily (MV-1) and multi-family development is anticipated. The intent of the replat is to remove lot lines between existing lots 3, 41 and 5. Some drainage provisions must be made when this tract is developed. Adequate streets, utilities ann other public facilities are in place or available for extension to this site. The Planning and toning Commission denied this replat at its meeting of Mardi 23, 1983 because there were drainage con- cerns that had not been properly addresseo, Drainage issues have now been resolved ano the Planniny and Zoning Commission recom- mends approval. Action Required: Approve the final replat, Recommendations The Planniny and Coning Commission recommended approval at its meeting of April 13, 1983. Alternatives: Approve the final replat. Attachments: Reduced replat D 4J David Ellison, Development Review Planner x 0 GASION, rrr o' C ;t ~ I ~OxES, Irl hale N 89 ° 50' E ISO 0, r so, I I ~ I O 1 ~ r 44[S, rrr ^ U CY ! O N I I ~ I I N I f LOT 2 nor e W ~ f a LrHEI pKH Of sE r, rrr _ 1 m I oxis L; 0 T A v ` 1 0 .a f ? e ~ O O ? I N - J 40 ire :V.1 fin r' .~Ir+~q 1 , I rrrr° v fn a.re'• S89°SO~w !!i 0.0~ f,f ..e I 100.010 Beams a1 eel- S 89° S0. w c, /9 150,0' o - F,4NNJN SFRFET N w✓' CITY CUUNCIL AGUNUA BACK-UP SURMARY SHELT Date; April 19, 1983 Agenda Item: Consideration of a contract with ipser atW Associates, Inc. to perform a Human Ser- vices study. S wnm~iry: The current City of Denton Human Services Plan is six years old, Priorities, needs, and resources have changed. The role of the federal and slate governments in the human resources delivery system is chang- in the city's Human Resources Committee bet eves it needs an up to date management tool to aid in making recommendations to the City Council. Proposals were solic- ited, applicants interviewed, and the com- mitLee selected lpser and Associates as their recommendation to the City Council 1-o do the Human Services Plan. Financial: The contract cost: is $9,900.00. The City Council approved $10,000,00 for the proje:L In the 1982-83 budget. Action keyuesLed: Approve the contract. AiLernatives: 1. Approve contract. 2, Disapprove contract, 3, table contract for change. Jeff Mle , it L r of Planning and Commui y Ueve. opmenL INDEPENDENT CONSULTANT AGREEMENT THE STATE OF TEXAS X KNOW ALI, MEN BY 'THESE PRESENTSr COUNTY OF DENTON X The City of Denton, Texas, a Municipal }come Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Flan,.-ar, and Ipser & Associates, Inc., including Nancy K. Grant, Ph.D. and Carlela K. Vogel hereinafter called "Consultant" hereby mutually agree as follows: 1. SERVICES TO BE PERFORMEDr City hereby retains Consultant to perform the hereinafter designated services, and Consultant agrees to perform the following services as summarized below including al.1 detailed services as specified in the attached PROPOSAL FOR DEVELOPMENT OF A HUMAN RESOURCES NEEDS ASSESSMENT. I, identification of existing human services by type and ages,:%. It, Scientifically determined survey of community to determine human service needs. 111. Survey of human agency personnel to determine human service needs. IV, Identification of Human Service Gaps, V. Prioritization of needs. VI. Determination of city government role in community-wide hu=;an service delivery system. VII. Determination of criteria for cuaunittee to evaluate reque?:s from non-profit human service organization for city financial, assistance, 2. SUPPLEMENTAL SERVICES: Consultant hereby agrees to include hospitals in the survey of human service agencies as discussed in the February 16, 1983 meeting with the Human Resources Committee 01RC). 3. PERFORMANCE SCHEDULE; Consultant hereby agrees to complete all work herein specified within a twelve week period commencing on t,,e date of execution of this contract. INDEPENDENT CONSULTANT AGREEPENT - PAGE 1 COMPENSATION TO BE PAID r:ONSUI.I'ANT: City ag:'eus to pay Consultant for the services porfof:ned hevuuncler as follows: A. Total compensation shall not eNceud S9,900.QU H, lronthly payments shall bo rey++ustod basod on percentage of services coinpLetud, 5. 3UPERVIJIUN AND CONTROL OF CONSULTANTi It Is mutuall;r ulndue'stoud dad abroad by and botwuun City and Consultant that consultants ace Independent consultants and shall not be downed to be or considerud an omployee of the City of Denton, Texas tor the purposes of Income tax, withholding and soCial security vacation yr sick leave benefits or any other City umplovue hens::.. The. City shall have supervision and control of Coriaultant; and it is uxpressly undurstood that Consultant shall perform the services heruin at the direction of and to the satisfaction of -%v City PlariAger of the City of Denton or his designee, uncles' Lhis Agreement. b. CAPJ' i.i.ATION: City reserves the tight to vancaL this - - Agreement at any time by giving tifteen (15) days written noLi_a of its intention to cancel this Agreement. 1N wl'ri*:SS IdnEREOF, tho parties do hereby atfix their signatures and enter Into this Agreument as of the day of 1 M3. Cl'1'Y OF DEN'1'ON, TEXAS tP51:1( S ASSOCIATES, INC. 44- Cl'CY tI U;k $KI?$1D1$Nf A'TThS'f t ATTEST i i i'TY SEC th'1'ARY ASSOC IA'l K APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY A'TTURNEY . BY: _I NUEP.i11Dr;;11' (;ONSUL'i'AN'L' AGREE7Ih'i~T - pACr; 2 ATTACHMENT TO INDEPENDENT CONSULTANT AGREEMENT BETWEEN CITY OF DENT,ON, TEXAS AND IPSER & ASSOCIATES, INC, PROPOSAL FOR DEVELOPMENT OF A HUMAN RESOURCES NEEDS ASSESSMENT ' I PREPARE) FOR CITY OF D E'NTON HUMAN RESOURCES COMMITTEE PROPOSAL FOR DEVEI_OPMENT OF A HUMAN RESOURCES NEEDS ASSESSMENT PREPARED FOR C ITY OF D ENTON HUMAN REsouRcr COMMITTEE 66, I ser & Associates, Inc. 20J6 S IAUIUN 1 DRIVE ro1-T woiu'J i, TEXAS 76109 817/927-2838 DEN"PON HUMAN RESOVRCCS NEEDS ASSESSHFN7 PROPOSAL StItMARY I, Philosophy of Approach II. Identification of existing human services by type and agency. A. Sources of information/Sponsoring agencies It United Way 2, City 3. Church G, Universities (city wide vs student only) 5. Out of City direct and contract 6, Other Be Identify and group by type of service provided 1. Set up categorization of types of services 2. Provide for crosslisting as necessary 111, Scientifically determined survey of community to determine human service needs. A. Select random sample of residents 1. Stratified by community - designed to fit with the planned neighborhood land use designations used by city hall planning 2. Stratified to fit 1980 census age distribution 3, Account for student population 4. Stratified for appropriate owner/renter distribution. Be Conduct telephone interviews with residents 1. Construct survey with screening questions and subsections appropriate to various population subgroups 2, !lire interviewers and train as necessary 3. Monitor interviews to insure adequate fill of each populntion subgroup category IV. Survey of human service agency personnel to determine human servica needs. A. Construct survey for aggregate information or. agency service and clients Be Mail survey for aggeggate information on client services and needs to agency directors of agencies identified in He C. Set up b conduct personal interviews with agency directors or their designee to obtain perceptions of needs and servicz gaps. D. Secure completed survey data during personal interviews V. Identification of Human Service Caps. A. Compare results of community needv as identified in the community survey with the information on services provided by various agencies 13. Identify area of need and type of need as well as extent V1, Prioritization of needs. A. Conduct comparative analysis of findings with previous human resource plan B, Conduct focus group for purpose of prioritizing needs It Select participants for focus group no City personnel as appropriate b. Humnn Service delivery representatives having indicated interest in participation on mailout surveys (random selection following identification) Destgn and hold focus group to enable local prioriti- zation of identified needs VII, Determination of city government role in community wide human service delivery system, As Identification of various types of existing and potential city roles ranging from direct delivery of service to public relation liason of simply providing information B. Based on needs identified and prioritized and types of city roles in effect acid possible, construct four to five alter- native roles for the city to take C. Finalize the se'ection of the appropriate role for the city in a workshop session with city council members V111,DeterminaLion of criteria for committee to evaluate requests from non-profit human service organization for city financial assistance. A. Building from the needs gap identified, the community priori- tization of needs, and the role of the city, set criteria for evaluation on a point system B. This criteria /evaluation system will be delivered with the submission of the final report, 3- I. PhilT_ oxopli of Approach Ipser & Associotea, Inc. (I&A) approaches the design and implement- ation of each study by asking the quost.iones "Wiest information in which form will beet address the client's informational needs?" and "flow can this information be most efficiently gathered?" The emphasis is on output us- abliiityq A study which the client cannot use is of little valuer I&A and the individuals working with I&A have a personal commitment to community service. In working with public and private community service agencies, therefore, the use of those two questions in framing the study is even more important. Front end time will be spent with city personnel and other cognizant community and organization leaders to insure that the nature of the completed study and the information it will contain is undersc.ood and agreed upon be all. This time is well spent as it alleviates confusion and disagreement later on and insures that the recommended strategy io within the realm of the City's capacity. All work will be done with as much direct contact as possible with service users and providers. I&A staff will conduct personal interviews with all service agencies and organizations, emphasizing qualitative as well as quantitative input. Communication among I&A, the City and the Human Resource Commission will be continuous throughout the study. The end product will, first and formost, be a document that can be used by city staff, community organiza- tions and social service delivery systems in Denton to enhance their planning and delivery efforts. 11. Identification of Zxistin~_Human Services b _ pe and Agency An inventory of ex.iscing programs, services and service providers will be initiated as a first step in the needs assessment process. The study team will utilize oxtsting information (United Way pamphlet on member agencies, Denton Options, and the Human Resource Plan of the City of Denton) as a basis for reference. Existing information will be updated by interviews with the Chairperson of the Human Resource Commis- sion and key staff from the City of Denton Planning Department, United Way of Denton Count}., major social agencies (private and governmental), and any other specified individuals to determine any new agencies, programs or services es well as services that might have been terminated since the last invcntory. Further, telephone interviews with major churches, local univer- s1ties, and grassroots organizations will be conducted Lo determine any existing community services or services providers not previously included in surveys or affiliated with any umbrella organization. Three typos of agencies offer services in the City of Denton - agencies and organizations within the community for service to the community, those physica)ly located outside Denton, but who provide services within the area (eg., DHR Child Care Programs) and those located within the community but offering service for clients from outside the Denton area (eg. Denton State School). All of these service providers will be interviewed and catagorized. After the inventory of existing services and P~-.vice providers is complete, anti initial reference guide according to r.rtagories of services delivered will be created. This will provide for crosslisting as nec- essary (eg., Housing, Day Care, After School Care, Recreation, etc.). 4., Somo agencies will be listed in more than one catagory as they sponsor various types of programs. Ills Scientifically Determined Surve :Sarve of Communlt Rasidenta to betermtne Human Services Needs & Pereee ',Fiona The universe for the proposed survey is approximately 18,000 house- holds (51,350 population - NCTCOG estimate January 1, 1482), A stratified sample of 600 interviews will be conducted among the City of Denton residents to determine. their attitudes and perceptions of human service needs, The sample will be stratified by neighborhoods to be designated by the City's Planning Department. (Possibly the neighborhood designation can be based on the City's Neighborhood Citizen Education and Partici- pation Program which is currently being planned.) Within each ncighbor- hood, the sample will be stratified by age distribution and owner/renter occupancy in accordance to percentages from the 1980 Census. Stratification Methods - The stratification will be accomplished by selecting the sample from a combination of sources to insure including households having no telephone or unlisted numbers. Resident rolls from the Water Department along with listings in Cole's Criss-Cross Directory will provide the sample selections for a combined telephone sample and mail sample among those not accessible by phone. In addition to the af.oremantioned stratificaiton, consideration will be given to the resident university student population. Sample selection shall be monitored, using a custom computer program to insure appropriate distribution and fill of each population subgroup to be sampled. Questionnaire Desi_&ij A structured survey instrument will be designod to gather information and measure the level of concern among the community regarding selected specific needs and to identify the range of various needs. Input for the questionnaire shall be gathered from, but not necessarily limited to, the follnwingt -City of Denton Human Resources Committee (11RC) -United Way of Denton County -Area church/community leaders -prior Denton area studies The final questionnaire will be subject to review and approval of the HRC.. The flow of questions will bet 1. General questions common to all respondenLa 2. Screening questionu for subgroup identification 3. Specific sub•-group questions 4. Demographics Questionnaire Form - The total mumber questions asked of any one sub group is expected to h: in the range of 30 to 40, requiring a maximun of 30 minutes of interview tiae. Queations may have multiple parts. Th~~ questions will be scructured for uniformity and interviewer/Interviewee ~5- facility. At the end of each intorview, respondents will be given the opportunity to make a brief comment on any topic they feel was not covered in the survey. Screening for specific sub-groups will mrxximize the efficiency of the questionnaire and enable gathering in-depth responses without dramatically increasing the effective length of the interview. Two formats of the questionnaire will be prepared; one for telephone use and one for mail-out. I&A will select from among its bank of profea- sional interviewers those who have metro lines. In additiion, I&A may hire and train interviewers as necessary to complete the entire community telephone survey within a two-week period. Tito mail-out survey requires a carefully structured form to facili- tate ease of completion. Two weeks shall be allowed for return of the mail-out form, An over sample shall be selected to insure an adequate number of returns with follow-up as needed. The HHC should consider a program for public notification prior to the survey. This would facili- tate completion of the interviews and oulaance the effort of gathering meaningful information. Sample Reliabllirl - A poll of 600 households yields a 95% relia- bility that the worst case accuracy is within a plus or minus 5% toler- ance. Reliability within sub-groups obviously will be lower depending on ti-t3 number of neighborhood breakouts. Subject to negotiation, the reliability can be improved by increasing the sample size. If. Survey of Human,Seryice A~enc,y personal to Determine Human Service Needs Onca the initial inventory of existing programs, services and service providers is complete, a short service oriented survey (not to excuod two pages) will be submitted for review to the HRC and other individuals designated by the City of Denton Planning Department. This review process will insure that all r-lovant issues are addressed to the satisfaction of the commission. The information to be collected in the service inventory will include the followings s.. Type of service offered 2. Clients by type of services 3. Number of clients served and characteristics 4. Target areas/service areas 5. Budget by type of services 6. Perception of need and gaps in service in the City of Denton 7. Barriers to mreting needs 8. Agency plans to address needs by geographic area or service program area 9. Agency's priority of needs 10. Any new or eliminated services or service providers within the last six months This survey will serve severaJ purposes: (1) to update information (2) to find out how the city is being served - the type of needs addressed and the type of needs not being served - and (3) to create an ;awareness of the overall study among the community. The last, purpose will tie the study process to future planning and implementation. Personal interviews will be conducted with the hood of each service agency or their designee, Interviews will provide a way of obtaining the completed surveys on schedule as wall as clarifying and broadening re- sponses to questions. This personal contact will also provide a spring- board for discussion of providers' perceptions of need outside as well as within their own designated area of service. Thus, needs will be interrelated and relative impacts can be considered during the prioritiz- ation. r V. Identification oi' Human Service Gaps The results of the community needs survey will be compared with the information nn services provided by various agencies and the per- ceived needs mentioned by agency personnel. Caro will be taken during this part of the study that definitions of need vatch, that what one group speaks of as preventative health care, for example, is understood in the same way by all concerned, The primary emphasis will he the identification of programs and services which are lacking either in the problem areas they address or in the degree of outreach if they are not serving those in the community who aro in need. All programs dealing with a need area will b3 con- sidered together in the comparison between service and need to determine the gal). Thus, one of the items considered will be whether more inter- action and coordination need be established among current service delivery programs, The gaps will be identified not only by area of need, but also by geographical aroa as closely as possible. The specific type of need, referring to whether it is delivery, informational, amount of service, accens to service, etc., will also be identified as well as possible. This is necessary because it is often found in atudying human service needs that there fire, in fact, service programs available, but thu poten- tial client either is not aware of them (informational need) or cannot reach them (accosai need), Thus, the service gap may be other than the primary service delivered (eg. transportation rather than health care). 'this approach will enable more coordinated delivery of services throughout the City of Denton. Once specific needs can be piupointad, resources can be distributed more efficiently to close the identified gap- VI. Prioritization of Needs Obviously, a nutober of constraints require that the identified needa be prioritizad for optimum delivery. This will depend on the type of Service and the capacity in terms of personnel, facilities and funding. A comparative analysis of the findings will be made with consideration of delivery constraincs to prioritize the set of needs. I&A suggests that the prioritization be determined by employing a group technique utilizing a focus group compose.i or the represLuta- tives of the City of Denton, the INC, and agencies. Approximately twelve representatives will be so.)(!ctr.d for the focus group which will be directed and moderated by I&A. This approach will enable devr.lopriont of a priority list ?v,sed on evaluation of service paramraters, including the potential roles of sup- port required from the various providers, as well AS quantitative input -7- on type and degree of need. Thus, this will be a self -prioritization of need by representatives of the Denton community. As such, it will be more valid and operable since it will incorporate subjective under- standing of the community along with objective information on gaps in servicing community needs. After all, no one can speak for it community like its members can. VIII Citv Covernment Role in Human Service Deliver Through the combination of identification of the community's human service needs and determination of the adequacy and effectiveness of delivery through the various organizations, churches and agencies, the consultants will determine the role of the City of Denton. Thia may Tango from direct delivery to direct funding or simply coordinating and providing information. The objective of our analysis will be to define the alternatives considering the inventory of services available, the effective delivery and the plans of both the organizations outside the government function and the various City of Denton Departments. The alternative roles will be based on the prioritized needs and the adaquacy of funds, personnel, and facilities in meeting the needs. The final City program will be determined through a joint session of the consultants, the HRC and City Council as appropriate to assure impemen- Cation of the program, VIII. Determination of Criteria for Committee to Evaluate Requests from Non profit human Service Organizations for City Financial Assis Lance Critical areas for evaluation on a point system will be act based on the identified needs gap, the community prioritization of needs, and the role of the city. Each of these critical areas, plus other criteria such so amount of volunteer time allocated, amount of matching funds, cost efficiency, multiple use, etc., will be allocated a porcent.age of the total number of points on a 100 point scale. (Eg. needs gap n 200 community prioritization n 30, role of city a 25, etc.) Within these areas, another 100 point scale will be set up based on specific measures of criteria for that area. These more detailed criteria will be se- lected during the study from information gathered, findings of human ser- vice delivery system studies and other appropriate literature. A complete proposal evaluation system will be constructed for use by the city in deciding upon dispersion of financial assistance. The system will be as simple and straightforward as possible without elimi- nating any criteria which d.-serve attention. It will be produced as a working document which can be readjusted as priorities change. The criteria evaluation system will be delivered with submission of the final report, but under separate cover. Instuctions for use will, of course, accompany the developed forms. -8- SC lie duIQ l The study effort will be conducted over a ten to twelve weak period. Depending on project authorization, 2&A will attempt to complete the study or provide adequato preliminnry information for 1983-84 budgot planning. In addition to progress and guidance meotinbs cutliiid In the proposal, a final presentation of the findings and recommendations will be made at the time of report delivery. Fee For Servicesi The total fee includes all reasonable review and consultation related to the study findings and the first five copies of the final report. The total fee is $10,000.00. Monthly statements will be submitted trAaed on tasks completed. I-` PLANNING AND ZONING COMMISSION RLCMMENDATION TO THE CITY COUNCIL Denton City Council Case No. 4-1569 Date: April 19, 1983 GENERAL INFU"WrioN Applicant: John Narsutis P. U. box 50271 Denton, 'texas 76201 Status of Applicant: Owner Requested Action: Change in zoning from sin le family i I (SF-7) to the two family 2-11) classi- fication Location: Lots 6 and 7, block A in the Richard A. Harris subdivision are located along the oast side of Carroll Boule- vard beginning approximately 80 feet north of Lhe Intersection of Fain and Carroll Boulevard. Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Single Lamily residential; SF-7 uouth - Single family, Beaumont Nur:aing Home, vacant; SF-7, 5-90, 4',1F-1 East - Denton Nursing Center, vacant, First Assembly of God; S-1 .3, S-6, 2-F Wost - Sir;g1.e family, two family; ,~F-7, 2-F Land Use Plan: Area is designated as low intensity. (`G-1569) Page 2 6P1CIAL INFORMATION F Pi►ysioal Characteristiess 't'opography is basically flat and the vegetation is primarily grass. Public Facilities Aaequate streets and utilities are available to serve this site. Applicable Regulations Minimum lot width - 60 feet Minimum lot depth - 100 feet Front yard setback - 25 feet i Side yard setback - 6 feet Rear yard setback 10 feet Parking - two spaces for each dwelling unit ANALYSIS i The residential character of this low intensity area has been ! maintained despite the presence of commercial and institutional i land uses to the west and south. Two family land uses exist along Denison and two family (2-F) zoning is in place along the west side of Carroll Boulevard. Th+. Planning and Zoning Commis- lion generally teit that the request for two family (2-F) zoning is reasonable and would be compatible with surrounding land uses and zoning. A maximum of two (2) du;lex structures can be ac- commodated at the site it the tuning change is approved. RECOMMENDAINON The Planning anu Zoning Commission recommends approval of 2-1569 by a vote of 6-1. ALTERNATIVES 1. Approve petition. 2. Deny petition. 3. Moaify to PD and require a site plan. 4. 'f'able for future consiaeration. (4-1569) Page 3 ATTACHMENT 1, Aerial 2. Property owner list 3, Reply form total 4, Planning and Zoning Commission minutes of meeting of March 23, 1983 eIi1Z1r ~ 3, 4t a vto s ~ ,ya lly.. y 1 . It.,r 71, All. r't' R~ 11 4~ (y4 •'~ri~, fl ty ~~~r". .ti a .Ar n ~ r n ' dr /fir er ~ .1 glLiur, *00 b , } .ay ~<.~i 1. P e! ii,i 1 • ,t1 1. M•. CihS~f j n , rl~S. r • .o, ~ 1 q{~f, ~Li'~tF. iy`~\ • ~ , 1 ••fi . y~ ~ ~ ~t a 9' ~YS }5,6Q f Si'. 1 y tl~l r ~ lr.. r, i•l: f "?y 1<y~~'• , ` ~ - Y'r i' J4at k - r rv ~ ~ ~r l~IS6"1 q ~4, AZ-L 9 _ ~ ` ' ......1.1.i~.LI.~.C.il...._....._....._.._...,..^ ~ Ill _ ~ ~ ` ~ ~ S G /fit ~ r•P,{lL+,..,.L~;~'~1 r_ ii [~...T_""" s'~i:i4ti ''?~1b ~ /_1.~,•/tlSS`,~ ~`1' ll'(Jr. 7 _ f-1`~ 1~+, n/ Z q6 1LL riLr11L„ JE^_l 1 o,g Lid, elliob ____Cn _ ~ !z.')i'~ .~:Eic,h.?~P~.~~t_.~!•y_1~Lrr~~x ~J~..~: 2~! ~ `112 ..L~.'.._C,s,r'r~_J1 L 1~ T'~Prrr _ 1+~'a'wr~www ' <l r1,7" ~P,Iltin h _ u~„Q I I G,t,I,rpl _ 1, f 3(1_._„~.Etif52 ,~.~D_. ~,eloT,~~Nra~ ~•s~ j 3 0? .Z A7 rr, ! l z1_ e ~tr•',I i n LL!LL + 11. +..rWIL-Ah,d.. y`N l:rl)•I .12117rl. Trac A, r ft Ny 5~ Cd ,1.,I• 1 /!n 43c, A _--'a I I r +111 a -r 1 L _ . I (.~1 l a i1f L"a ~r I I a ..__r_..______.~ P.I, r ~I e ~ i r~ CT '•_rrl ~r' , PROPERTY OWNER R14PLX FORMS CITY COUNCIL z-1369 IN FAVOR IN OPPOSITION UNDECIDED Dale J. Graham Ralph & Delia Row 12714 HighMeadow Dr, 2415 Denison Dallas, Texas 75234 Denton, Texas 76201 (214) 243-0525 387-2942 Henry Sahaer 1443 Cheshire Houston, Texas 77016 (713) 686997]. Loyd J. Green 2400 N. Carroll Denton, Texas 382.-4'727 Clifford Rota 2412 Carroll. Denton, `i'x 382-1205 C. A. Lindholm 2416 N. Carroll Denton, Tx 382-0697 D. L, Row 2420 N. Carroll Denton, Tx 382-5851 .7. B. Welk 2407 Denison Denton, Tx 367-6210 George rritz 2403 Denison Denton, Tx 387--1009 Thomas L. Sandersi 2317 Denison Den ton, Tx 382--4781 Minutes Planning; and Zoning Commission March 23, 1983 Page 5 B. Approval of the final replat of lots 9 and 10, block 1, Northside Addition. Mr. Ellison explained that pro arty is located along the west, side of North Locust soutg of College, pro arty is zoned office (0) and .intent is to remove a lot Me to form ono lot. tie stated that all requirements have been met and Development Review Committee recommends approval. No one was present in favor or in opposition to request. Chair declared public hearing closed. Mr. Claiborne moved to recommend approval of final replat of lots 9 and 10, block 1, NorthQ,ide Addition. Seconded by Ms. Cole and unanimously carried. (7••0) C. Approval of the final plat of lot 3, and final replat of lot 1, block 1, Redman Addition. Mr. Watkins stated that Development Review Conmcittee recommends denial consistent: with recommendation on preliminary plat and replat. lie, further stated that the City Attorney has advised that tabling does not constitute action on a final plat. No one was present in favor or in opposition to request. Chair declared public hearing closed. Mr. Sidor moved to recommend denial of final plat of lot 3, and final, replat of lot l., block 1, Redman Addition. Seconded by Mr. Claiborne and unanimously carried. (7-0) D. rZ-1569. This is the petition of John Narsutis requesting a change in zoning from single Eamily (SF-7) to the two family (2-F) classification on property located on the east side ot: Carroll boulevard north of Fein Street. The property is more particularly described as lots 6 and 7, block A, in the Richard A. Harris Subdivision. iItr, Lllison explained request stating that 20 notices °.-;ere mailer] to property owners; one reply form was received in favor, four reply forms were received in opposition. John Narsutis, petitioner, stated that he recently pur- chased this vacant property in order to build duplexes, that he has built duplexes in other areas and feels thi,-, area is suited for this use. Ho said that two nursing Minutes Planning and 4oning ConliaSIOI1 March 231 19b3 Page 6 homes, two churches and the fair grounds exist in this area as well as other, vacant lots. Immediately adjacent to this property are some small, well kept, single family homes. lie said that single family homes are no longer an economic viability at Lhis location, that they plan to construct trick veneer duplexes to sell for approximately $70,000 to :680,000, which they feel will be a practical, economic addition to the area and will help protect prop, erLy values. On question, he said tie has no definite plans but envisions single story structures. Delia Row said she owns property on the wesL side of Denison at corrner, that she is opposed to duplexes that close to her properly, that most of the houses in area are stngle gamily and sha would like area to remain as single tamily, On question, she said that property has been vacant about 15 to 20 years, that no single family homes have been built in the area within the last 5 to 6 yearn. Mr., Ellison continued state report stating that this is a low intensity area, that low intensity areas are desig- nated for single family land use. lie said that recent housing trends intricate that duplexes closely resemble single family houses, that it is questionable whether these lots would develop as single family and ;staff does not feel that duplex use would negatively impact area. SLaft feels 2_P zoning is reasonable and recommends ap- proval. of request. On question, he said that the only way a condition could be included to restrict to a one story structure would be to moctily to PD and require a site plan. Mr. Narsutis said that he does not feel proposed use would jeopardize propOrLy values, that ne does not think he would build a two story structure, tie said he felt pro-, posal would stabilize land use and would benefit the city and the land. Chair declared public hearing closed. Mr. Sidor stated that he felt this was best use for the land, that it would be unlikely that single family housing would be built across from the nursing house, He said he felt proposed use would be compatible with surrounding area and he moved to reconnnend approval of Z-1569. Seconded by Ms. Mays and carried. (Mr. Claiborne voted no ) 380L/Z•1669-John, Narsutis k NO, .p.~.._. ~I AS 3AM8 WAS ADOPTBD~IASHANOA?PBNUI MA% TO TNB CODE OF DORDIoNANCES +~0i THE CITY OF DBNTON TEXAS BY ORDINANCE NO, 69,-1, AND AS SAID %U' APPLIES TO CITY L6T,g 6 d 7, BLOCK A OF THE RICHARD A. HARRIS SUBDIVISION AND MORE PARTICULARLY DB•4CRIBBD HEREINI AND DECLARt-W AN E1111E0TIV DATH. i THE COUNCII. OF THE CITY Of' DENTON, TEXAS, HEREBY ORDAINSi , The Zoning Classification and Use designation of the followw.tig described property, to•witi j All that certain lot, tract or parcel of land located on the east side of Carroll Boulevard north of fain Street boina Lots No. 6 8 7, Block A of the Richard A. Harris Subdivision in the City of Denton, Texas, is horaby ohangod from Single•Fawlly 11511.7" District Classifi<a- tion Uso to Two-Family 11011 District Classification and Use undo-r the Cox rehonslve Zoning Ordnance of the City of Denton Texai• The Zoning Map of the C ty of Donton, Texas, adopted the 14th .1.4 - of January, 1960 as an Appendix to the Code of ordinances of t,.e 0ty of Denton, ~oxas, under Ordinance No. 69.1, be, and the size is hereby amended to show such change in District Classification and Use, SECTION I~ That the City Council of the City of Denton, 'texas, hereby finds that such change is In accordance with a comprehensive plan for the purpose of promoting the general welfare of the City :f Denton, Texas, and with reasonable consideration, among outer things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving t e value of the buildings, protecting human lives, and encouragt3ig the most appropriate uses of land for the maximum benefit to .,-to j City of Danton, Texas, and Its citirens, II SECTION III. I That this ordinance shall be in full force and affix. immediately after its passage and approval, the required public 1 hearings having heretofore been held by the Planning and Zonil,g j Colwnlssion and the City Council of the City of Denton, 'It xd S, after giving due notice thereof. PASSED AND APPROVED this the day of 1983. • 1 1 R I CRA1 U U. TFiWA7f C; y[AY61i 1 CITY OF DENTON, TEXAS ATTEST; i MW-My SECRUTNRY CITY OF DENTON, TEXAS " APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:_ PLANNING ANU ?TUNING (oUMMISSIUN KEGUMMENUATIUN TO TU CITY COUNCIL Fol Denton City Council L Case No. 'L-1570 Date: April 19, 1983 GEN1iKAL INVUKMA`i'IUN Applicant: city of Uenton 215 T:ast McKinney Denton, 'T'exas 70201 k Status of ApplicanL: Uwner Kequested Action: (:hange in zoning trom two family (2F) to planned development (PD) for ottice use. Purpose: To bring the present use of the building located on the property in conformance with the required zonln~;: iind, to allow for placement of a portable advertising sign at this j location. Location: 414 Parkway Size: Approximately a 25,000 square coot 'ioL Existing Land Use: Office for. Chamber of Commerce Surrounding Land Use and Zoning: North - Single family residential; :F South - Pearl Street Church of Christ Office; 2F East - Vacant lot; 2F West - Single family residential; .~F Land Use Plan: Area is designated as high inLensity. (Z-1570) t'agse 2 SPIsC1AL iNFU101ATION ' Physical Characteristics; Topography is basically flat. 'I'Iie property is located to the flood plain 't'here is a drainage channel located on the east and northeast boundary of the lot. This would limit any turther construction, Public Utilities; Building; is presently serviced with all necessary utilities. Transportation; Parkway is a collector street with tour lanes; there is one 30' and one 20' curb cut located on Parkway. Carroll Boulevard, a major arterial, is located directly to the west. Transportation facilities are adequate. Parking; Eleven and one-half (11 1/2) spaces are required; and twelve (12) have been provided. ANA.LYSI~ Un August 21, 1973, the Denton Chamber of Commerce signed a year lease with the City of Denton for use of the propIperty located at 414 Parkway. The lease also gave the Chamber of Commerce permission to construct a building; in accordance wit.: the City building; codes and ordinances. At the present time, an approximately 3,500 square foot structure exists on the property. RECUMMENUATION The Planning and Zoning Commission, by a vote of 5-2, recommends approval of Z.•1.570 with the following condition; A portable advertising; sign shall be }permitted on the proper:;. (2-1.570) page 3 ALTERNATIVES 1. Approve petition with condition. 2. Approve petition without condition. 3. Approve petition with additional conditions. A. Deny petition. 5. 'c'able for future consideration. ATTAGMENTS .l. Aerial 2. Site plan 3. Property Owners List 14 . Reply forms total 5. Planning and Zoning Commission minutes of meeting Of March 23, 1983. lot 1.~ Pik rF r.. 1 rl I. 1 ` 1 v 4 ~ 4 r` Iy M' b .IN r Iti,.1 , ~ 'E if 1 l l r, IR f? L4 F , r• '•40 iRRRR'!I Of, 1 ~yxti` 0 1 1 1 ~I,~y+ 1 , tr r >•1+~ 1. •ol Iifi7~~~ : n , ( 1t n h ' 4 j \f AYR ;,fir f ^ df 4 ~4 1~~I~ at .~il~ + $a 11 ~I IY I* w4 , l{PYyL f„ ~$7t /p~ ~~pp i ~ t IM r . ~ ' ~ Purl .41,,.., 1 1 , If r+ y rr + IFS i~ ~ , r r +w 1 r,w ~u ~7~ 1 r~l ~r lti~l<y~t~~i~~ ~i ~ r .y~y ~ 1~ t ~t,5 ~ TP, Ir t1 Y ~ Mll~ ~`1 r •1 ii ~S`a. ! 1,+q~ "Ij n +~r'h''YIP'S^' ari'14A` •a ) ,y , f. 1 ♦ a M rt.e r j, I 1(4 1 E S. OT X 2.2 2.1 a 19 18 17 16 15 14 12 ti 3 13 i 6 '0 5a I a1' eof w._ R4. . 60 _._1og, 60 7 5 ~ 100 0 g0 b0 i 1 9 •Q 1 c 6 7 g I 2 3 4 5 fi 7' (431) f t 10 9 Cho rn b~,r \ 12 10 c 61c1 , f.~ ~..~~160' .......180' 85 65' ppr~(is►g 13 WAY \ w 65' 65' 65 r? 6 ;7 I g PARKWAY 7s` 60 (io' DEL _...E....._. 112 5'_ Ila 2.1 . 2.24 2.3 2.4 4 C43~ 1 75 75 67.3' 87.5' ' X9.5' 40 6(. 112' 9 ti ti 60' Ll Ll u 5o 6p' 13 I O 9 7 8x 8 57 5 60' 00 222' - 50 PEARL { -ET .'M~..w.....'..w`....y.• Mr...i..~i~~ .nT1Y..~.T~T.w.~^T..M...MY.........f.. 1 14 ~ir On c 11 00 l 1 fl ~ r ,'j ~ 4 (1 AA v o-I t_ ~ ! 4' _ , r wr• s:nn+ a. ~,1' » l , ~ l ► ' t, t, ~I f y t~ f 1 ' - '1 l'~e s~~ «tt~,l~ Pe a ~1 C Y L~ D^ J~~L L._. _f 11 r I - ► i r~ S &)(1 ✓o r P~ o. ;x Y-k - w~. ....+~+......^-~..~w..+.r...~.+..~.- +--.........-«~-tee.-~ r n as Per c Q is O!A A014 L lr d~Ll / ~JJ ~6r Eck V- Y h 1' I u. PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1570 IN FAVOR IN OPPOSITION UNDECIDED Mr, & Mrs, Ernest Parker None Received 503 Bolivar Denton, Texas 76201 382-2101 Tom Richardson 707 Northridge Denton, Texas 382-6803 Harry H. Ledbetter, Elder Pearl St, Church of Christ 405 Parkway Denton, Texas 387.3531 Tommy Carothers 209 Ridgecrest Cr, Denton, Texas 387-0555 E Tillman S. Uland 1800 Cordell Denton, Texas Minutes Planning and zoning commission March 234 1983 Page 7 E. 4-1570. This is the petition of the City of Denton requesting a change in zoning from two family (2-F) to the planned development (PD) classification for office (0) use on an approximately 25,x00 square foot lot located at 414 Parkway (city lot 15, block 431) on the northeast corner of Parkway and Carroll Boulevard. Mr,. Ellison introduced Julia Moore, administrative intern in the department. Ms. Moora explained request stating&; that 14 notices were mailed to property owners; three reply forms were received in favor, one reply form was received in opposition. She continued that area is dei:ig- nated high intensity, that purpose of request is to bring existing use into compliance with zoning ordinance. T;6 e property is owned by City of Benton, the Chamber of Cc)ir.-• merce has a 25 year lease, as a part of that lease the-o• were given permission to construct the existing buildi'-Aa- Aaequate transportation faci'ities and utilities are it place and the correct number of parking spaces is pro- vided. Ms. Moore concluded that striff recommends appc.aval with one condition, that a portable advertising sign Lb•A permitted. Bill Brady, representing the Chamber of Commerce, staceo that property is located in the flood plain which is c.ne reason the building was constructed as it was; that it is unfortunate tnat, because of an oversight, the zoning was not changed at the time the building was built, kl,ir. Sidor gUestioned the need for a portable sign and Mr. Brady answered that occasionally the chamber advet-. tiles various shows, etc. On question, Mr. Watkins sand that if the PD is approved, they would be able to keer their portable sign; that since statt felt it would b-,~ appropriate to bring zoning into compliance, staff alsD felt the portable sign should be legitimized, it than provision is• removed from PD, then the sign would be lawful. Commissioners expressed concern about appr.ov ng a portable sign and sugges.;ion was made that Chamber or Com- merce put up a permanent marquee type. sign similiar Lc the one at the Civic Center which is not a portable sign ~jt is a changeable sign tot advertising events, ece. I No one was present in opposition to the request. Chair declared public Dearing closed. ?linucea Planning and Zoning Commission March 2.1, 1'48'3 Page 8 Mr. Claiborne moved co recommend approval of Z-1570 with the condit'. on that non portable advertising sign shall be permitted on the property. Seconded by Mr. Sidon. Chairman LaForte comm!inted that he is opposed to a per- manent sign as it wo;:ld be there 365 days a year. Ms. Mays agtecad. Mr, Claiborne commented that the city owns the propperty, the chamber. is representing the com- munity, and hu do;as not feel that a portable advertising sign is what the majority of the citizens want. Mr. Juren agreed. Mr. Wat;:ins adv::sed that the sign condition w,as staff initiated to resolve a possible enforcement problem. Vote was called: .Aye: Claiborne, Juren, Sidor. Nay: Cole, Escue, LaForte, Mays Motion failed. Ms. Mays moved to recommend ap roval of L,-1570 with the following condition: A portable advertising sign shall be permitted on the property. Seconded by Ms. Cole. Vote was call.od: Aye: Cole, Escue, La Forte, Mays, Si(ior Nay: Claiborne, Juren lotion carried. F. 'L-•1571. This is the petition of B. W. Ayers representing Dimension Development Company requesting an amendment to planned development (PD-28). if approved, the amendment would permit the development of 404 multi-family units on 13.146 acres presently designated for office-warehouse- showroom, mini-warehouses and a local. street. The property encompasses the southeast. portion of planned development- (PD-2£1) between I-J5E and proposed Colorcid(> Boulevard. Mr. Lilison explained request stating that four notices were mailed co property owners; no reply forms were re., ceived in favor nor in opposition. He said that this is the portion of PD-28 that is Immediately behind tha Wal-trlart Store. Bill Ayers, petitioner, staged that theyy believe multi- fa11111y is highest and best use of land based on 1979 Denton housing study and on marketing studies. They feel there is a need for this tine and are asking that PD be amended to allow construction of apartments. No one was present in opposition to the request- l AN ORDINANCE AMENDING THE ZONING MAP OF THb CITY 01; UENTON TEXAS AS SME 111:15 ADOP'ruD AS AN APPENDIX 'r0 vin con OF 011U1NA\CES Oki THE CITY' OF DENTON, TEXAS, BY ORDINANCE NO. 69-l, ANU AS SAID MAP APPLIES TO CITY LOT 15, BLOCK 431, AND MORE PARrICULAIMY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. T11E COUNCIL OF THE CITY OF DENTON, TH.V6, HERHY ORDAINS; 5HCTION I, the Zoning Classification and Uso designation of the following described property, to-wit: All that certain lot, tract or parcel of land located en the northeast corner of Parkway and Carroll Boulevard being Lot ,No, 15, Block 431 known as 414 Parkway in the City of Denton, Texas. is hereby changed from Two-Familyy"2-F" District Clasaiflcutior; Use to Otfice "0" District Classificatiou and Use under the Compre- hensive Zoning Ordinance of the City of Denton, Texas, The ZonLig Map of the City of Denton, Texas, adopted the loth day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No, 69.1, be, and the saine is here- by amended to show such change in District Classification and Use. SECTION II. 1 That the Cit/ Council of the City of Denton, Texas, hereby finds that such change is in itccordance with a comprehensive plan for tiro purpose of promoting the general wolfare of the City of Denton, Texas, and witIt reasonable consideration, among other tIt Iags for the ch;rractor of the district and for its peculiar suitability or partieulur uses, and tcith a view to conserving the value of the buildin;?s, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its ci ttzuns, SECTION Ill. That this ordinance -;!toII b e in full force and ;f fact immediit t o I y aftor Its pit ssa,go and approval, thu required public 1) eari.it es having h o r o t o f ) r u ooen ho id ay tiie PIanit ink ,aid Zoning Commission and the City Council of the City of Dori ton, Texas, after giving due notice thereof, PASSED AND APPIViVEU this the day of f~l'Cii,Cfiii 'r`J-"S1'}:,r:,""K i", ~~L•C5'iTEI CITY OF IMSTM, ATTEST; T fTt,r. 1'E.L_LE 77777 d1;RT. iiSiiT CITY OF b1iAf')'J, TEXAS AI'i'I',i?l'}ilr ,111 l'U 1,R;A1, FuRN; C. J. IAY, JR., CI I'Y AT (J:t,\'E) ' CITY OF ULi,ILIN 1I;.1AS 4 /J( I INI I Y-- 1 180 E'S. 2,2 I ~ a 19 19 17 .16 15 14 12 64 1' S 41' 1 80' 70.5 6 1W 60 50 50, EA ! i ~ 9 10I ' 6 7 $ I 2 3 4 5 6 7' 1 „ . 11 10 o I o Cha rn bir \ 12 I r • •r•. r V , ~ B1(♦ 65' 65' !m poxkirn pans \ 13 a WA T ~o;~ Iso' N 4r 656. 65 6 i ' PARKWAY 1 75 60, fi0 59. a' 1 112 '5' ^ 2, 4 h 4 1 2 2.1 2.2. 2.3 4~0 1 } 75' 75' 57,5' 875 4' 6956, 112' 0 2 11 10 9 tD i2 .-IL(L 50 so Ro' 66' 13 12 11 10 ro 9 7&8 87 87.5' 60' 80' S0' 222, PEARL 75 5U~ 0 PLANNING AND ZONING CUMMI'oSION RECUMMLNDATIUN TO `i'HE: CITY COUNCIL To : Denton City Council Case No. Z-1571 Date: April 19, 1983 GENERAL INFORMATION Applicant: B. W. Ayers Dimension Development Company 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 Status of Applicant: Requested Action: Amendment to planned development kPD-28). Purpose: Multi-family development on 13.146 acres preseiitly designated for office- warehouse-61howroom, mini-warehouse and local street use. Location: Southeast portion of PD-28 between 1-35E and proposed Colorado boulevard and abutting the Walmart section of the planned development. Existing Land Use: Vacant Surrounding Land Use and `honing: North - Church, vacant, mobile house sales; A, Ll South - Vacant, I-35; PD-28, PD-28.1 Last - Vacant, light industrial; A, LI West - Walmart, office-retail, PD-28; PD-28,1; PD-28, PD-28.1 Land Use Plan: Area .is designated as higi) intensity. ('Z-1571) Page 2 SFk,GiAL 1NFUKMATION Parking;643 parking spaces are required for this development; 646 spaces are pro- vided on the PD site plan. Public Utilities; Adequate public utilities are in place or available for extension to this site. Transportation; The PD site plan approved for this site proposed an interior local street that would extend from Colorado Boule- vard to the 1-35 service road. The present proposal does not include plans for the above mentioned public road, however, private drives and lanes will be accessible from Colorado Boulevard and the I-35 service road. ZONING HISTUKY In March, 1980, the Planning and Coning Commission considered ttie peLItion of Mr. Jack Brown and Mr. Neil Hill, general part - ner of Duncan Properties Ltd. The request was for planned de- velopment- (PD) zoning on approximately 32 acres with 1,195 tees of frontage along; the north side of I-35 and 294 feet of front- age along the east side of Loop 288 near the intersection of Loop 288 and Colorado Boulevard, The Planning and Zoning Com- mission approved the PD but City Council approval was delayed because of a title dispute between the Henry S. Miller Company and Duncan Properties Ltd. A 0.915 acre portion of the proposed PD parcel was the subject of the dispute and was deleted from the zoning change reyiest so that final approval. could be granted by the City Council. PI)-28 was approved in May, 1980 Lor shopping center, office-warehouse-showroom, mini-warehouse and local street use. The title dispute was resolved through an agreement that re- sulted in properly exchanges. in January, 1982, the City Coun- cil approved an amendment to PD-28 that deleted two parcels of land from the original PD-28 so Lhat they could be included fn adjoining Henry S. Miller property that was changed from commer- cial (C) zoning to the PD classification for commercial use (PD-28.1). life Henry S. Miller. Company and Duncan Properties Ltd. requested PD classification after considering the City of Denfon's desire to control curb cuts and traffic circulation in this area, ('d-1571) Page 3 ANALYSIS The Denton Development Guide designates this area as one that should accommodate high intensity land uses, it further recom- mends that this area evolve into one of the dominant commercial and employment centers of the City, Commercial, retail and office development is underway on both the Henry S. Miller and Duncan Properties tracts. Colorado Boulevard has been extended along the perimeter of property that is currently being devel- opea and o,".her public facilities and infrastructure are avail- able for extension to the proposed apartment site. The prospect of multi-family development occuring on the portion of PD-28 originally approved for office and warehouse type uses is not prohibitive or undesirable from an intensity and land usj3 point of view. It is considered a plus to have a'.ternative types of housing accessible to an area projected as a major commercial and employment center. The most substantial change associated with this request relates to access and traffic cir- culation. Included in this proposal is a request to eliminate a public road that would extend from Colorado Boulevard to the I-35 service road. The road was originally proposed so that lots or tracts could be subdivided with approved public access if office and warehouse development was proposed with differing ownerships, Staff does not feel that an interior public road is neces..ary for this portion of PD-20 if a unified multi-family development is to be constructed. Appropriate private drives and easements will be provided for internal circulation. The site plan for the proposed multi-family development exhibits 404 multi-family units, 646 parking spaces, two swimming pools, Ii a club/office and a cabana/storage facility. The proposed den- sity is approximately 31 units per acre. I l1LCUMMliNDA'1`IUN The Planning and Coning Commission recommends approval of Z-1571 II with the following conditions by a vote of 7-Ot 1. The property shall be developed in accordance with the approved site plan. 2. Location of buildings and other minor changes shall be per- mitted during technical review for building permit and plat- ting purposes, however, increases in density or significant alterations to internal traffic alignment and design cannot occur without Planning and Zoning Commission and City Coun- cil approval. - J ([,-1571) Page 4 KECOWIENDATION CONTINUED 3, Curb cuts along I-35 service road shall be positioned so as to conform with recommendations of the city Traffic Engineer prior to final approval of PD concept plan. ALTEKNATIVES 1, Approve petition with conditions, 2. Approve petition without conditions. 3. Approve petition with additional conditions. 4. Deny petition. 5. Table for future consideration, L ArrACHMENTS 1, Aerial 2. PI) concept plan for multi-family use on 13.146 acres 3. Overall concept plan for PD-28 (Duncan Properties Ltd.) and PD-28.1 (Henry S. Miller) 4, Property owner list 5, Reply form total 6. Planning and Zoning Commission minutes of meeting of March 23, 1983, .t. .err ~ F. if1. .r `jf I f Jr, ~~I .1 ' Ir~l4 1 1 . I, ~t, f ~ili1 ~ {~i~ " A "A" 60 1 k le: ti• 5 I k-.4 .J I lam 71 4. .r~"" { I K o • y ~ 0 ~j} H 1.1 ~ `fit i 01 lop it, 1 f•~l < 1~:~ ' Ilk I 1,I) o R 1 N ~k 1 ~1~ IP' " • "1"I~r~ t1~t f1. { iT 1 1 7r!W Irk " r ~ r ; r r I 16 f~1 i• 1~ 1 r,11 k~,l+ ~+ki~~ f* A f lv~ ;r..i, ~l,Y 1.•,'J b~W.", W r1Mf•IIM 1 ,I.. 4' 1 F ly ~ Y ~k r { i••.74.'7Y Aft Qfril p'.YWC7.St. .,Y•' i`,'A R1 V Jf1YlY'RC 4^••° r. i....lr-.., r461S,,:.rCQ~ V ~rrY rl Mw~~• V n Irbil J C.:r7.li 11.11\YY W.1•M. IVrV\ Vy W.I M•.Y Mw•~ 1 71T ff ft-d! ~l.11.1111Ll1LI !!l.11-'rlr~ltllni11111~11iif1 Ft vr- ~ ~ 0 I . 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V•r_.~1...ww.__\._~FM.lwl WNFNn.+1 JJ ~w._1TM.h..~wwr1. _......rr~n-w.w.y~. •TI^wwww~ww w_.hw.~•r._+nwVr..+~_r..w•.-. n ~.nTww+~rww~..w_~.Y . . .Ww~a.w 171 _•~.w~r..n. nw_.-~ww..w.i~~_r.~ ''o,dh 11M4rt.•J~.r++ ..t~II~ w`~.. n...~I' 1 ( II . _~1 • ' s PROPERTY OWNER REPLY F0101S CITY COUNCIL •-,1571 IN FAVOR IN OPPOSITION UNDECIDED None Received Nona Received MInut. oa Planning and 'coning Commission March 23, 1983 Page 8 Mr. Claiborne moved to recommend approval of G-1570 with the condition that a non portable odverti.sing sign shall be permitted on the (property. Seconded by qtr. Sidor. Chairman LaForte commented that he is opposed to a per- manent sign as it would be there 365 days a year. Ms. Mays agreed. Mr. Claiborne commented that the city owns the property, the chamber is representing, the com- munity, and he does not feel that a portable advertising sign is what the majority of the citizens want. Mr. .Duren agreed. Mr. Watkins advised that the sign condition was staff initiated to resolve a possible enforcement problem. Vote was called: Aye: Claiborne, Juren, Sidor Nay: Cole, Escue, LaPorte, Mays Motion failed. Ms. Mays moved to recommend a proval of G-1570 with the following condition: ii portable advertising sign shall be permitted on the property. Seconded by Ma. Cole. Vote was called: Aye: Cole, Escue, La Forte, Mays, Sido7~ Nay: Claiborne, Juren Motion carried. F. f% 1571. This is the petition o.f B. W. Ayers representing b mension Development Company requesting an amendment to planned development (PD-28). If approved, the amendment would permit the development of 404 multi-gamily units on 13.146 acres presently designated for office-warehouse-, showroom, mini-warehouses and a local street. The property encompasses the southeast portion of planned development (PD-28) between I-35E and proposed Colorado Boulevard. Mr. Ellison explained request stating that four notices were mailed to property owners; no reply forms were re- ceived in favor nor in opposition. Fie said that this is the portion of PD-28 thal: is immediately behind the Wal-Mart Store. Bill Ayers, petitioner, stated that they believe multi- family is highest and best use of land based on 1979 Denton housing study and on marketing studies. They feel there is a need lot this use and are asking that PD be amended to allow construction of apartments. No one was present in opposition to the request. Minutes Plannin and Zoning Commission Ntarch 2~, 1983 Page 9 Mr. Ellison continued staff report stating that property is in a high intensity area, that requested amendment to PU to allow multi-family development instead of the cur- rent%y approved office and mini-warehouse use would be desirable from intensity and land use point of view. He said that staff recommends approval of request with condi- tions including conformance with approved site plan, con- formance with landscaping as shown on approved site plan and moving a curb cut on 1-35 service road southward to a location acceptable to 't'raffic Engineer. fie said the curb cut as shown on site plan is approximately 20 feet from ar. existing curb cut serving the teal-Mart store. He advised that staff is concerned about landscaping of area, as landscaping was a condition of the original PD on this property. He said that staff feels some kind of policy should be established requiring that landscaping be de- veloped as shown on the approved site plan. Mr. Fusch, architect, said that they are agreeable to moving the curb cut. on question, he said that land-, scapin., as shown on site plan is symbolic, that they will do a final landscaping plan. Mr. Ayers advised that all staff conditions are acceptable with exception of landscape requirement. He said they would do a good landscaping ,job. Chair declared public hearing closed, Chairman LaNorte commented that he favored all conditions except landscaping requirement, that he felt such a policy should be discussed in a study session, that he questioned enforcement of a landscape ordinance. Mr. Escue commented that he felt as long as landscaping was developed similar to that shown on site plan, it would be o.k. Nis. Mays said that many people buy property on what is shown on plan and she thinks a specific landscape plan is an excellent idea. She agreed a policy should be discussed in a study session. Mr. Juren moved to recommend approval of 1571. with the following conditions; 1. The property shall be developed in accordance with the approved site plan. Minutes Plannin and Zoning Commission 'March 21, 1983 Page 10 2. Location of buildings and other minor Chanes shall be permitted during technical rd3view for buil.cling permit and; platting purposes, however, increases in density or significant alterations to internal traffic align- ment and design cannot occur without Planning and Zon- ing C04U11i8SIon and City Council approval. lie said he did not feel the curb cut was an issue at this point, that it should be discussed when final site plan is considered. Mr. Watkins and Mr. 01.yai advised that this is the site plan that is going to be attached to the ordinance, there- fore, Provision for the curb cut should be included. Mr,, Juren amended motion to include: 3. Cueb cuts along 1-35 service road shall be positioned so as to conform with rccommendat ions of the city 't'raffic Engineer prior to final approval of PD con cept plan. Seconded by Mr, Sidor and unanimously carried, (7-0) G. Z-1572. This is the petition of Jim Neale and Gary Hatrwiett requesting a change in zoning from single family (SF'-10) to the two family (2-F) classification at 2200, 2204 and 2205 Kingston 'T'race Street. The property is more particularly described as lots 5, 6 and F, block A, of the Kingston 'T'race Subdivision, Section One. Me. Ellison explained request stating that 14 notices were 'nailed to property owners; one reply form was received in favor, five reply Corms were received in opposition. Bryan Gilbert said he purchased these lots and is request- ing rezoning for the purpose of constructing brick veneer duplexes on lots 5, 6 and 8. He pointed out that lot 8 abuts current duplex lots and lot 5 is separated from existing single family development by a fence that runs down back side of those lots fronting on Dunes. He said these three lots have not been developed for single family, that he is not sure how long they have been vacant. Ile said that property is now above the flood plain and he kiwis a letter from the city to that eff-ec;., Lvan Wenger, stated he owns lot 3 on Dunes, that Dunes is the only cross street between Windsor and Kings Row and carries a lot of traffic, lie said that density is high enough now, that they feel additional duplexes will cause t 381L/z•1571•8, W. Ayers N0, _ E AN ORDINANCE AMBNDING THE ZONING MAP OF THE CITY OF DBNTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDI- NANCHS Of THE CITY OP DGNTON, TEXAS, BY ORDINANCE NO. 69.11 AND AS SAID MAP APPLIES TO APPROXIMATELY 13,149 ACRBS OF LAND MORE OR LESS, OUT OF THE DANIEL LAMBERT SURVEY, ABSTRACT NO, 144 AND THE JOHN MCGOWBN SURVEY ABSTRACT NO. 797; AND MORE PARTICULARLY DESCRIBBD HERBIN; AND DECLARING AN EFFECTIVE DATE, i THE COUNCIL OF THE CITY OF OHNTON, TEXAS, HBRBBY ORDAINS; SECTION I. The Zoning Classification and Use designation of the follow- ing described property, to-wits BBING a tract of land situated tit Denton County in the Daniel Lambert Survey, Abstract No, 784 and the John McGowen Survey, Abstract No, 797 and being more particularly described as follows; COMMENCING at the northeast corner of the aforementioned Daniel Lambert Survey, Abstract No. 784, said point also being in the south line of the J. S. Taft Survey, Abstract No. 1256; THENCE south 02015136" west with the east line of aforementioned Daniel Lambert Survey a distance of 316,88 feet to the point of beginning; THENCE south 0201513611 west with the east line of saiu Daniel Lambert Survey a distance of 1002.52 feet to a fence post for corner; a THENCE south 49017158" west departing said Daniel Lambert Surrey line a distance of 481.80 feet to an iron rod set for corner said corner being in the northeasterly right of way line of Interstate Highway No, 35.6; THENCE with said northeasterly right of way, the following; North 47027100" west 422,70 feet to a right of way monument; North 38017100" west 125.50 feet to a right of way monument; North 47627100" west 63,59 feet to an iron rod for corner, said corner also being the most southeasterly corner of the Revised Replat of Denton Shopping Center Addition as recorded In Cabinet "C", Page 130, Deed Records of Denton County, Texas; THENCE north 41057126" east departing the northeasterly right of way line of said Interstate Highway No. 35-E, and with the south line of aforementioned Replat of Denton Shopping Center Addition a distance of 1222.60 feet to an iron rod for corner; THENCE wrst 48036144" east departing said Denton Shopping Center east line, a distance of 31,18 feet to the point of beginning and containing $72,7S7,372 square feet or 13.149 acres of land, more or less. PAGE ONE Is hereby changed from Planned Developpment "PD" District C1 ssi• fication (Ise to Planned Development IIM 28" District Classi Ica- tion and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditionsi 1. The property shall be developed In accordance with the approved site plan. 2. The location of buildings ani other minor changes shall be permitted during technical review for building permit and platting purposes, however, increases in density or significant alterations to internal traffic alignment and design cannnt o(.-.,ur without the approval of the Planning and Zoning Commission and the City Council, 3. Curb cuts along the Interstate 35 Service Road shall be positioned so as to conform with 1 recommendations of the City Traffic Engineer prior to final approval of the PD concept plan. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Toxas, under Ordinance No. 69.11 be, and the some is hereby amended to show such change in District classification and Use subject to the conditions specified above. SECTION II, That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton Texas, and with reasonable consideration, among other things ttor the character of the district and for its peculiar suitability or particular uses, and with u view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTION III. That this ordinance shall be Iit full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zeroing Commission and the City Council of the City of Denton, 'texas, after giving due notice thereof. PASSED AND APPROVED this the day of , 1903, 1 RICHARD 0. SIB CITY OF DUTON, TEAS j ATTEST; CHARLOTTE ALLEN, TTY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LHGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO •a ~•asrrc eIY'ryr~ts:e~a:.tr;•' i SS'.L i1.LrC'V'77. ~ r. w 1 LF. .'►S ~~r1„Y,Y ~1'Y<•M'YCLlttli W i f IT I MI M Y.rY• 111. A Y`W I IYYIY•'/II"HIr\^111♦~YMIITJr~.1 pp 1 1 §t~IfTTT1'Iil'ifllllipll~ljl - ` J1~11Jl-[11LII I _ 11111 1.11L~ r=z. 1}}ilj h f'~ , 1 C1T1 J p I TTi I I f I f f A j r PROGRAM ot 5`<<\`~ ~ ~ t``• v - /a `i~ ,l ~~4iTiltl~_- / _ f d ! TTTTTf.7 fTlvT F11TTfMTr?7171fJ ~~arniarrenp~'axt,- _ rn rr~ iic Tlr>Y SSA SERE G Y 1 1 1 .;ti 1 OIN °IIY _AZI VNIi IIA C'. ~ i~~llr.1' II~N•' 1 I-/. a- 'r 'Y11AAIp6RCS~T11[8-.-.--ii1107fELS /A pNI+W fRO PIMq 1 1 4 ACLS Willi A I~7U ~I -J - A 'I \111!7lrt Rr111J--1J. L n%"'1~ __l PLANNING AND ZONING COMMISSION RECOMMENDAT10N TO THE CITY COUNCIL To: Denton City Council Case No. Z-1573 Date: April 19, 1983 GENERAL INFURMATION Applicant: George Hopkins 710 First State bank Building Denton, Texas 76201 Status of Applicant: Agent for prospective developer Requested Action: Change in zoning from planned develop- ment (PD-15) for a private utility shop and future expansion to the com- mercial (C) classification, [ u r p o s e , , , , , , , , , , , , , , , , , , , , , , , , , , , Location and Size: Approximately eight (8) acres located at. the northwest corner of Spencer Road and Loop 288. Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Vacant, agricultural; Agricultural (A) South - Single family, vacant, agricultural, light- indus- trial; Agricultural, L1, 5-1.00 (mobile home) East - Loop 288, vacant; Agricul- tural, LI, SF-7, 1:TJ West - Agricultural, vacant, single family, American Legion Hall, City or Denton Municipal Generating Plant; S-8, Agricultural, 1.1 Denton Development Guide: Area is designated as high intensity. (Z-1573) Page 2 SPECIAL INFORMATION Vranspoctation; Site has accees to Spencer Road and Loop 288, Spencer Road is an unim- proved road, Zoning history; In December, 1972, George Hopkins petitioned for a change in zoning from agricultural (A) to commercial (C) classification on a tract of land approximately twenty (20) acres In size at the northwest corner ol: ~ S enter Road and Loop 288 (Z-1186), 't' here was considerable opposition to the request on the part of surrounding property owners. The request for open eomerefal. (C) zoning was denied by the Vlannin, and Zoning Commission on January 3, T973; a subsequent request for a specific use permit to operate a private utility shop or storage yard in a conunercial district was also denied. The petition was modified to a request. for planned development (PD) classifi- cation for a private utility shop on ten (10) acres and future expansion on the oalance of the twenty (20) acre tract. The City Council approved the planned development request on March 3, 1973 ANALYSIS No developmenL- has occurred cat this site since the planned de- velopment for a utility shop was approved. The request for commercial (C) development on an eight (8) acre portion of this property is consistent with Development. Guide policies, This property is located in a high J.ntensity area, It. has been re- ported that a roller rink or some related indoor coumiercial amusement development is a potential use; however, this is not a request for 111) zoning and any land use permitted in a conunercial (C) zoning district could be developed if the zoning change is approved. (4-1573) Page 3 KECUMMENUATIUN The Planning and Zoning Commission recommends approval 01: 7-1573 by a vote of 7-0. AL'rLRNAT I VLS 1. Approve petition. 2. Deny petition. 3. Table for future consideration. 4. Modify to PI) and require a site plan. ATTACHMENTS 1. Aerial 2 . Property owner list 3. Reply form total 4. Planning and Zoning Commission minutes of meeting of March 23, 1983. ti. 1 r. -111-_L.. 1 I ! N r vLM+~ 4! 1J (F h r ~ ! 1r 1 1 ~ l ! f I -ate ~ ~I I Z-.157.3 I ~ J p -15 8 i s-u00', 00 10 00 i sl -r ~ I .0e i .01 PD- 8 ....r.. w~..'_M..w.x. M~.I......Y~.M..•r..s T~~V...f Y+..r...1.~+ww.++~.. ia1N ..-..r~.nN..w.~.. .....rMl...w.Y.w... Y.M.+Mtn.w.....1+F~..rw....wM.•.~W+M Y. t.w Yrs. ..re.~.wee-r•..r.nf+.~.w...e-....MP.^.'^^'.•w'Y..!..w.~..l..I.YT..MSR.wV...4H.-.hw..~..wYw ++.YT w.r..y.'r... .w_r_.r.r .r ~ I Jr ~.t.._ti..~..~ _ww_~..w..+r.~r.r...-_._~... ~..•.~il._A•~~F_~Yrwyr .r..1~.++ti'~r..r. ....f.~.ww.~_w. , mow.. P, It r Am- 'MrAELL6.- /M Io All 14 /0 U r L)3. h a PLLL ' LL rJ Its ?L(I~LJ\~~ PROPERTY OWNER REPLY FORMS CITY COUNCIL -1573 IN FAVOR IN OPPOSITION UNDECIDED None Recoived Mary L, Smith 1222 8th Ave., N.E. Ardmore, 0k. 73401 (405) 223-4007 Minutes Planning and Zoning Commission March 23, 1983 Page 12 lstr, Ellison further eWained that City of Denton zoning ordinance requires a 60 foot width and ,00 foot depth for duplexes; that property has been platted for Sig-10 lots. tie said that lot standaeUS toe Lwo tawily use are dif- ferent than those for SF-10 use. Mr. Watkins advised that a repl.at would require a public hearing. Setbacks were discussed and, on question, Mr. Gilbert said no decision had been made whether proposed duplexes would be one or two story, Chair declared public hearing closed, Ms. Mays commented that it is her feeling that traffic with single family development is bad enough and she does not feel the area could handle additional duplex traffic, therefore she is not in favor of request. Mr. Sidor commented that since there are single family houses existing in the area, lie is not in favor of adding more duplexes. Ms. Mays moved to recommend denial oft-1572. Seconded by Mr. Sidor and unaniirIously carried. (7-0) H. 1Z-1573. This is the petition of George Hopkins requesting a mange in zoning from Lhe planned development (PU-15) classification for a private utility shop to the commer- cial (C) classification on an eight (8) acre tract located at the northwest corner of Spencer Road and Loop 288. Mr. ~-llison explained request stating that nine notices were niailed to property owners; one reply form was re- ceived in favor and one reply form was received in o aosi- tion. Ho said that the original PD was approved in 73 for a private utility shop on 10 acres and future expan- sion on the balance of the 20 acre tract but no develop- ment has occured. He stated that request is to amend the PD by removing an 8 acre portion and rezoning to open commercial zoning. George Hopkins, petitioner representing Denton County Electric COOP, stated that they acquired property several. years ago and secured a PD. They will soon be ready to develop their headquarters at: this location contingent on sale of their present site. The COOP does not feel they need the whole s(te and they have a buyer for this 8 ecre portion for use as a skating rink. A skating rink is not allowed in PD, therefore they are requesting commercial zoning. The COOP will retain 60 feet of right-of-way as i I ~tinu tos Planning ;,std Zoning Commission March 23, 1983 Page 13 access to where they will be building their headquarters and pole yard, They feel the skating rink will act as a buffer for the pole yard, No one was p,:esent in opposition to request, Mr. Ellison continued staff report stating that area is designated as high intensity, property has adequate street access, staff fools conunercia.l zoning would be consistent with Development Guide policies and recommends approval of requested zoning. Mr. Juren cnmmented that staff is always wanting PUs and asked why commercial zoning is recommended in this case. Mr. Watkins explained that. in high intensity areas com- mercial type uses fire encouraged by land use plan; that implementing a 1981 land use plan with a 1969 zoning ordi- nance often necessitates a PD, that when it is possible, staff recommends ghat it riot be a PD because of adminis- trative problems. Chair declared public hearing closed. Ptr. Juren tnoveci to recommend kippcova.l of G-1573. Seconded Iy ~`lr. Escue and unanimously carried. (7-0) I. Z-1574. This is the petition of Wa Llace L. Duvall re- questing a change in zonin„ trom single family (SF-7) co the planned development (PD) classification for the fol- lowing land uses; Duplexes - 30 units split for individual sale (typical, lot size 60' x 105' or 3,150 sq. ft. per individual unit) Single tamil attached - 36 units (townhouse} (minimum lot size 20' x 105' or 2,100 sq. ft.) 'rho parcel totals 7.030 acres in size and is located along the north side of Paisley Street beginning approximately 400 feet east of the intersection or Paisley and ltuddell. mr. Ellison explained request stating that 28 notices were mailed to property owners; one reply torn was ceceivea in l:avor, one reply form was received in favor conditionally, one undecided reply form was received, aril tour reply forms were receivF.cl in opposition. III / 382L/Z•lS73-Qeorge Hopkins NO. AN ORDINANCE AMENDING THE 40NINO MAP OF TiiE CITY OF AUNTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE COOB OF OROI- NANCBS OF THB CITY OF DHNTON, TEXAS, BY ORDINANCE NO. 69.11 AND I AS SAID MAP APPLIES TO APPROXIMATELY 8,000 ACRES OF LAND MORb OR LBSS, OUT OF THE M. AUSTIN SURVEY ABSTRACT NO. 41 ANI1 MORE I PARTICULARLY DHSCRIEHD HEREIN; AND DECLARING AN BFFECTIVB DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the follo%. Ing described property, to-wit: All that certain tract or parcel of land lying and being situated In the M. Austin Survey, Abstraot No. 4, Denton County, Texas, being part of a (called) 20.130 acre tract described in a deed from Plorenco H. Simmons to Ray Parker, at ux on March 2:, 1968 and recorded in Volume 269, Page $24, Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a steel pin on the north boundary line of Spencer Road at the southwest corner of the above mentioned 20.130 acre tract; THENCH south 86058140" east with the north boundary line er Spencer Road a distance of 60.17 feet to a steel pin at the point of beginning of the herein described tract; THENCE north 01°15'10" west 60.0 foot from and parallel to the west boundary line of said 20.130 acre tract a distance of 800,54 foot to a corner; THENCE south 500SO113" east a distance of 862.53 feet to a steel pin on the west right of way of U. S. Highway Loop 288; THENCE south 23023110" west with the west right of way of said Highway a distance of 196.4 f.+ot to a stool pin{ THENCE with the west right of way line of said Highway around a curve to the right having a central angle of 360815711, a radius of 2804.8, a chord of south 31620144" west 154.14 feet, and an 3 arc length of 154.16 feet Lo a steel pin; THENCE south 76013140" west with said right of way a distance of 78.4 feet to a steel pin on the north boundary line of Spencer Road; THENCE north 74036130" west with the north boundary line of Spencer Road a distance of 247.05 foot to a steel pin; THENCE north 86°58140" west with the north boundary line of Spencer Road a distance of 179.13 feet to the point of beginnlnd, containing In all 8.000 acres of land, is hereby changed from Planned Development "PD" District Classi - fication Use to Commercial "C" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of PACE ONR { Ordinances of the City of Denton, Texas, under Ordinance No. { 69.11 be, and the same is hereby amended to show such change in District Classification and Use, SECTION lit That the City Council of the City of Denton, Texas, horoby i finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Dentont Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view tz conserving the value of the buildings, protecting human lives, and encouragging the most appropriate uses of land for the maximum benofit to the Clty of Denton, Taxes, and its citizens, r I SECTION 111, That this ordiiiance shall be in full force and effect Immediately after Its passage and approval, the required public hearings having heretofore boon held by the planning and ionini Commission and the City Council of the City of Denton, Texas, after giving due notice thereof, PASSED AND APPROVED this the day of 1981, T; "Sf "'K CITY OF DENTON, TEXAS ATTEST; GIUMIXILM , UHY S13URBTAY CITY OF DENTON$ TEXAS i APPROVED AS TO LEGAL POM C. J. TAYLOR JR., CITY ATTORNEY CITY ON DENTU TEXAS ' ~ DYE i i 1 i PAGE TWO r. 376L/Harpool Seed, Inc, and Harpool-Oak Properties NO. AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF AN ALLEY WITHIN THE CITY OF 'DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID ALLEY TO THE OWNER OF THE ADJACENT TRACT OF LAND; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said alley is not needed for public use, and that same should be abandoned and quitclaimed to Harpool Seed, Inc. and Harpool-Oik Properties, a partnership; and WHEREAS, the City Council of the City of Denton is of the opinion that the best Interest and welfare of the public will be served by abandoning and conveying the same to Harpool Seed, Inc, and Harpool-Oak Properties, a partnership, for the consideration hereinafter more fully set forth; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DGNTONi SECTION I. That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and interest of the public are concernedi All that certain tract or parcel of land situated in the 8. Sisco Survey, Abstract No. 1180, City and County of Denton, texas, and being all of an alley in Block 1 of Fulton s Spaulding Railroad Addition to said City, plat of which is recorded in Volume 0, Page 335, Deed Records of said County, and being more fully described as followsi BEGINNING at the southeast corner of Lot 6, Block 1 of said Fulton & Spaulding Railroad Addition to the City of Denton and on the west right-of-way of the Texas and Pacific Railroads THENCE south with the west boundary line of said railroad right-of-way a distance of 20.0 feet to a corner at the northeast corner of Lot 12, Block lr THENCE west with the south boundary line of said alley a distance of 300.0 feet to the northwest corner of Lot 7, B1oc.< 1 on the east right-of-way of Bell Avenue; THENCE north with the east right-of-way of Bell Avenue a distance of 20.0 feet to the southwest corner of Lot 1, Bloc:c 1 of said Fulton and Spaulding Railroad Additions THENCE east with the north boundary line of said alley a distance of 300.0 feet to the place of aegLnning. SECTION II. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said alley desrrJ bed therein to Harpool Seed, Inc. and Harpool-oak Properties, a partnership. 1 PAGE ONE $ECT;ON III, That portion of the public alley herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if, any, and subject to all existing easement rights of athera, if any, whether apparent or not, ECTI04 IV. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of 1983, RICHARD TE A T, MAY R CITY OF DENTON, TEXAS ATT'%ST i CNARLOTTE A E, I b; R CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS / Byl PAGE TWO I C-.I"-Atl f CLAIM DAAD lrA arlN 9uttoerrr OW form THE STATIN OF r SUS, I MOW ALL MEN 13Y THESE PRESS;` TSi COUNTY OF DEN-VON That The City of Denton, Texas, a Municipal Corporation of the County of Denton sad Stats of Texas , for and In aotwlderaum, of the sum of TEN AND NO/144 t o it In hand paid by Harpool Seed, Inc, and Harpool-oak Properties of the County of Denton and State of Texas the receipt of vLirh Is hereby aoknowledgo•J, do, by these p ,ants, HAIWAL`!, SELL, RELrASE, A,YD FOR.ZTER QUIT CLADf unto the said Harpool Seed, Inc, and Narpool-Oak Properties its successors ?Jwm and assigns, all its right title and Interest In and to that certain treat or ts,r. cal of land lying in the County of Denton and State of 'T'exas, described as tubows, to-Witt All that certain treat or paroel of land situated in the H. SLS:O Survey, Abstract No, 1184, City and County of Denton, Texas, and b-a,..,3 all of an alley in Block 1 of Fulton & Spaulding Railroad Addition to said City, plat of which is recorded in Volume 0, Page 338, ^.red Records of said County, and being more fully described as follows) BEGIN141NO at the southeast corner of Lot 6, Block 1 of said Fulton & Spaulding Railroad Addition to the City of Denton and on the •r-tst right-of-way of the Texan and Pacific Railroad) THENCE south with the went boundary line of said railroad right-of-.ay a distance of 20,0 feet to a corner at the northeast corner of Lot Block 1) THENCE west with the south boundary line of said alley a distance :E 300,0 feet to the northwest corner of Lot 7, Block 1 on the a st right-of-way of Bell Avenues THENCE north with the east right-of-way of Bell Avenue a distance 20,0 feet to the southwest corner of Lot 1, Block 1 of said Fulton :-,d Spaulding Railroad Additions THENCE east with the north boundary line of said alley a distance 300.0 feet to the place of beginning, TO HAVE .i.`ID TO HOLD the sold premises, together with all and singular the rights. ;rls-;. loges and appurtenances thereto in any manner belonging unto the aid Harpool Seed, and Harpool-Oak Properties, its successors A(Alp and assigns, forever, so that neither the said the City of Denton, Texas, a Municipal Corporation, its Ituccessor=_ nor 1%b! cmr any person or persons ciniming under it shall, at any tirde here:i :er. have, claim or demand any right or title to the aforesaid premises or appurrenances, or any part :.e-.e- of. WITNESS our hand at Denton, Texas this day of A. D. ifl 8 3 Witresses at Request of Grantor: S_ITY Of pF IT~~y_~ l XAy ATTEST: BY! RICHARD 0. 5'PEPIART, t•CV77? C'.La,RLOTTE ALLEit, CITY SECPET R! SINGLE ACILNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF } nEFORF ME, the undersigned auth,w,ry, In and for sold County, Texas, on this day petvo uilly appeared known to me to be the person whop name subscribed to ts,e I ;re,,oing Instrument, Unit acknolledged to „t :not he. executed the same far the purposes and consideration therein expressed, OWEN UNDER MY RAND AND SEAL OF OFFICE, This day of A. P, I0 (La) Notary Public, County, ",eras My Commlealan Expires June L 19... SENGLE ACH"NOWLEDOIIENT THE. STATE OF TEXAS, ~ COUNTY OF BEFORE ME, the undersigned autn,n•iry, In r,nd lac saW County. Texas, an this day personally appeared k town to me to be the person whose name subscribed to the foregoing insUument, and acknowledged to no :hot he oxeruled the same for the purposes iInd canslderalioa therein expresstd. GIVEN UNDER MY RAND AND SEAL OF OFFICE, This day of A.D. a I L.3.1 Nolmy Publie, County.. !rags My Commission Expires Junk, 1, 10 C0ItI10RAT10N ACKNOIYI,LDGJIENT THE STATE OF TEXAS, COUNTS' OF. DENTON-- BEFORE NI E, the undersigned an Nu,«!tT, In and for said County. Texas, on this day personally appeared......__..___.. THE CITY OF'...DENTON, TEXA5_..._..._.---_•-__ RICHARD 0 _STFWART,r..hS1~YOR....~F.. known to me to be the person and nfl,eer wttvee name la subs albeit to the foregolnp Instrument and acknowledged to Mt that the same was the act at she snid ,......_.TllS, CITX__OF..gENTONr..... TEXi)$....._........ A oorporatlon, and that he executed the some as the act of such torporallon tar the purposes and a aq(derat(oo mx_••ein expressed, and lit the capacity therein stated, MEN UNDER JIY RAND AND 8NAL OF OFFICE, This..._..___..day A.U.::1... .3 Notary Public, DENT.011--Couhty. : atus Sly Commission F,xoifes June 1, l0._.._.. CLERK'S CIIRTIFICATL THE STATE OF TEXAS, ~ I, :aunty COUNTY OF _ - Clerk at the County Court of said County, do hereby certify that the foregoing instrument of writing data- o thu day of A. D. 10 , with its Certlneute of Authent(ention, w'aa ilea for record in my aPoce on the day of , A. D, 19 , al o'clock SL. Am, nuly recorded this Jay of A. O. 10 , at aaock X. the Recorda of raid County, In Vulumo. , an pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at efneo fn the day and year last shove written. County Clark County ;,%as. a j oz Lil u u Z~ E_ F 11 Cj Q O ti 'E I w _ x H , o a w . O 'ii ~ sea I Wis. z Fe ° N - o w a G Ly x i ,'el 1 V ~ :f =Mai 370L/3arpool Seed, Inc. and Richard A, Barris NO, AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF AN ALLEY WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID ALLEY TO THE OWNER OF THE ADJACENT TRACT' OF LANDI AND DECLARING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and i.i of the opinion that said alley is not needed for public user and that same should be abandoned and quitclaimed to Harpool Seed, Inc. and Richard A. Harris) and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Harpool Seed, Inc, and Richard A. Harris, for the consideration hereinafter more fully set forth now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTONi SUCTION I. That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and Lnteeost of the public are concerned: ALI that certain tract or parcel of land situate.. in the Ii. S1seo Survey, Abstract No. 1184, City and County of Denton, Texas, and being all of an alley in Block 2 I'f Fulton 4 Spaulding Railroad Addition to said City, plat of which is recorded in Volume 0, Page 135, Dead Records of said County, and being more fully described as followsi BEGINNING at the southeast corner o° Lot 7, Block 2 of said Fulton & Spaulding Railroad Addition to the City of Denton and on the west right-of-way of Fhe Texas and Pacific Railroads THE4~IE south with the west boundary line of said railroad right-of-way a distance of 20.0 feet to a corner at the northeast corner of Lot 14, Block 2) THENCE west with the south boundary line of said alley 'a distance of 300.0 feet to the northwest corner of Lot 8, Dlocx on the east right-oe-way of Bell Avenue THENCE north with the east right-of-way of Bell Avenue a distance of 20.0 feet to the southwest corner of Lot 1, Block 2 of said Fulton and Spaulding Railroad Addition) THENCE east with the north boundary line of said alley a distance of 300,0 feet to the place of beginning. SECTION II` That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said alley described therein to Harpool Seed, Inc. and Richard A. Harris. PAGE ONE SECTION III, That portion of the public alley herein described being vacaLed, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not, SECT30N IV, This ordinance shall take effect and be in full force and effect from and after the data of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of 1983. RICHARD O, STEWART, MAYOR CITY OV DGNTON, TEXAS , ATTESTi CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OFF~DENTON, TEXAS BY I it PAGE TWO c-•lN-ourt ct.AIH Dean wAM4 $4tku I o+.. Daum THE STATE OF TEXAS, COUNTY OF DENTOKNOW ALL MEN BY THESE PRE$ENTSI That The City of Denton, Texas, a Municipal Corporation of the County of Denton end State of Texas for and in consideration of the sum of - TEN AND N01100 ($10,00)---------------•-DOLLARS, to it in hand paid by liarpool Seed, Inc, and Richard A, Harris of the County of Denton and State of Texas , the receipt of which Is hereby acknowledged, do, tjr these presents, BARGAIN, SELL, RELEASE, AND FORENTR QUIT CLAM unto the said Harpool Seed, Inc, and Richard A, Harris their heirs and assigns, all its right title and Interest in and to that certain tract or par. cel of land lying in the County of Denton and State of TeXas, described as follows, to-wit: All that certain tract or parcel of land situated in the H, Sisco Survey, Abstract No, 1184, City and County of Denton, Texas, and being all of an alley in Block 2 of Fulton 6 Spaulding Railroad Addition to said City, plat of which is recorded in Volume O, Page 3J5, Deed Records of said County, and being more fully described as followst BEGINNING at the southeast corner of Lot 7, Block 2 of said Fulton s Spaulding Railroad Addition to the City of Denton and on the west right-of-way of the Texas and Pacific Railroad; THENCE south with the west boundary line of said railroad right-of-way a distance of 20,0 feet to a corner at the northeast corner of Lot 14, Block 2; THENCE west with the south boundary line of said alley a distance of 300.0 feet to the northwest corner of Lot 8, Block 2 on the east, right-of-way of Bell Avenue; THENCE north with the east right-of-way of Bell Avenue a distance of 20.0 feet to the southwest corner of Lot 1, Block 2 of said Fulton and Spaulding Railroad Addition) THENCE east with the north boundary line of said alley a distance of 300.0 feet to the place of beginning. TO HAVE AND TO HOLD the said preralses, together with ad and singular the rights, privi. leges and appurtenances thereto In any manner belonging unto the said Harpool Seed, Inc. and Richard A. Harris their heirs and assigns, forever, so that neither the said the City of Denton, Texas, a Municipal Corporation, its successors nor ;j%gk%gft any person or persons claiming under it shall, at any time hereafter, ha,.-e, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there. of. WITNESS our hand at Denton, Texas this day of A. D. 10 8 3 Witnesses at Request of Grantor; -CITY, 0 _DFa~ON,,_ TE\r1S ATTEST: - BY: RICHARD 0. STE DART, hLT:rfi~ CHARLOTTE ALLEN, CITY SECREPARY ' - - SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undorelgn¢d aulhnnty, in and for said County, Taxes, on this day personally appeared known to me to be the person whoa name subscribed to the foregoing Instrument, and acknowledgM to me thol he execuled the same for the purposes and consideration therein expressed. OIVEN UNDER MY BAND AND SEAL OF OFFICE. This day of , A.D. 19.. I L. S.1 Notary Fvbllc, County, 'txas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE. OF TEXAS, l COUNTY OF BEFORE ME. the undotstgned aue."nty, J In and for said County. Texas, on this day personally appeared known to me to be the permn whose name subscribed to the foregoing Instrument, and acknowledged to ma that he executed the samt for the purposes and eonsideratton therein expressed. GIVEN UNDER Nil' HAND AND SEAL OF OFFICE, This day of , A, D, 10 Notary Public, Coarity, Texas My Commission Exp6'es June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEAS, BEFORE ME, the undenlgned sutlt:rity, COUNTY OF.. DENTON In and for said Coumly, Texas, on this day personally THE CITY OF DENTON, TEXAS known to me to be the person and ,fiver ter ou name Is subscribed to the foregoing Instrument and acknowledged to me that the saint was the act of Ne said ITY. Q£_ UNT.O~~ir._.TEXAS...... e corporation, and that he executed the same as the act of such corporation for the purposes and consideration t.nereln expressed, and in the capacity therein stated. GIVEN UNDEN MY RAND AND SEAL OF OFFICE., This- ___..._.._.-day A.D. (LS.) `-~-V _ - Notary Public, ..._DENTON---....County, Sean _ My Commission Expires Juna 1, CLERK'S URTIFICATE THE STATE OF TEXAS, I, C,.uaty COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated :r. the . day of , A. 0. 19 , with its Certificate of Authentication, was I' td for record in my office on the day of , A. D. 19 , at. O'clock M., acs duly recorded this day af._.._ „ A. D. I9 at. o'clock M.. in the ...Records of said County, In Volume___. , on pages , WITNESS MY HAND AND SEAL OF THE COUNTY COUNT of said County, at ,Met in _ the day and year last above wittien. County Clerk County. Texas. (L. S,) By Cvpuq, rn ..3. L i J O~ Q r1' G j • I~ A s, a _ (no i I (w,j~l W I1 I ~ ~ F W: i~ 'il 3 U ~ = .70 0 J U 3 ` ~O c Z rG I~ ~ x :4 ~ ~ a i W ~ ° ; o k a u W W III O W a. Y - - Z O V) » o ' .a Y f _ a CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Date: April 19, 1983 Subject: Consider quitclaim of 0.0434 acre strip of right-of-way located along the west side of Teasley Lane at the intersection of Teasley and Londonderry. (Q-56) Summary: The owners of property located adjacent and west of this strip of right-of-way have re- quested quitclaim. If the property is quitclaimed, it will be useu to expand the barking area on the abutting neighborhood service lot. Teasley Lane is designated as a secondary arterial by the approved thoroughfare plan. Secondary arterials are three to four lane roads with 60' to 80' of right-ot-way. The engineering department has reported that the state highway department has 90 feet of right-ot-way reserved for Teasley Lane. The subject 20 toot strip is excess right- of-way that was dedicated to the city when the subdivision plat of the Teasley Mall Addition was approved in 19724 The addi- tional 20' extends along the west side of Teasley for a distance of 256 feet. Action Required: Approve, deny, or table quitclaim. Recommendation: The Development Review Committee antici- pates no future public use of this prop- erty. The Planning and Zoning Commission recommends approval by a vote of 4-3. Alternatives: Approve, deny, or table the quitclaim. Attachments: 1. Map 2. Development Review Committee minutes of meeting of February 1.5, 1.983. 3. Planning and Zoning Commission minutes of meeting of March 23, 1983. J aiwyl') David Ellison, Development Review Planner J N.. t7•.r ..~w._•' f. J__. \~^r'R'~; 1. H.L, -1-.-. n i I . 1 0. 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III A.11' 1f Acl ar 1"11llualu I, lot 1 C Nlrltl Sur 4414 AOilllcl 416, 'T(ARI eltree (w ,Ir11n 011 Yf Ito* 014^01 rl, t+ l'•1! 1, 7, An 11 end IM O 101,114114r v, 9 USlY Mill WA01YI{ION, of to* 111 or Of, lo., Ills,. 414 rd N", , teal 09'49'1^" 14.11' ilt Pont^ 1#141. / o 3fll4rrl A I1% 1AN a ,0 In„till Mg It t 1Cow•Ir M. oI d 01,41, 14 Its p0lit ulr 10,PW, 1M It'rrll rna ssa n•„l p pil l If I', J. 197 ' 14C4,4 In n V ll, if f ul l 14,1. ff, t F, io l Jot Al, 1, P IH, rv All unf Ain 4,v o hrs It 0 fel, in % tree All o of r 4 1 1,11t 1 h /1 l1% ltd Sr Jw h (o/, .f 1 I. u, Y It l th l, VLV10 h+ t lmnz -0.,, r.V Jtnye/ 7. 19%6, 11 n(Ol all in Ynluar Ile, /ep, 411, p: vol Attwa r'eWA-'4A-n deJ I of lelt i0u,lr, nt Afire eqo paolleu4rl, Onerlwd 41 Io110.11 IIOINNING It " Irdh pin M of Y,11 I.,,, OF Irnlf, Wnl. late P041 t„i np Ire $410 1411t wear or 1N1 Hn, prnlw"d 1111.4 to 101111 .I IeU.,.l, lud ll SIAII OF 104%, IOJNfY Or piNION. MIMI xchh W'CL'td" Ytl 1, 1911 t9 Itel le f, I.m p!n wr a torlyr, ,i~Q~ Atfo/t +r, the unegllgncd Aoleu f.All0. In fro lot INgIt No,lh 1 f,'Ou'I UII. 110.1 lee, 10 t pol+l It, A lon'u a, p.r 11410 of in H, 0„ uh wr pr n,n ell, 1DNarvd - / fl!(=I `14 &not lane al Wnua,uen, If", Nnwn to., In tf No. p.rlon Mlgt rNl b Ieblr lL _ o ,rr I,rro. In,l/w nl an0 lelnplOprd In rf UM If rent-i Ur .r•r Ip' b. f ihlNtl SOdlh A9rl"49" 1414, lh 111 {>dh II-f of la Or orrrr UWr PO/1 I,O <m11 d1 r1lt2 Ihrlrle flpflllyd. A-A Ih I,r U,at II. II, .J~ rJU a.N, - .--r~ CYrttI. 70.71 het to IM 1191rAl" 01 1 11. Alrr <unr In I+f UgI,1. tlalld. 9. fe+an r.•y td,.l lu(NC[ 1111011" ..1. 1410 tw.r Alto Pe S. YO f of lm done rr, ~,'rr• w-un n, is 4 a•, 1,,1 01 alflll. 011 ter a fa rt, 140.9) feel 10 too Welnnlne of a 19010were to Ifr Ifs,, ' l 1 A 1' tU II+INtl 1411111 y, .IP NId (ur,• to Ifr Ifrl Ito d❑ 11v Sorih IIt, 01 l0nwnuo rr, Lott, 111. 11 loot. Coal,, Iv 4l. tNtNtf SuW I. BB'LO'AI" Uhf I IN IL, L,wf I Ihf or Iw ap,den. lero+ Y I ! 1 9!,4.67 1111 In I/1 yernN re of a Vol, cIn IJO '1911 lyv,nq f u.1, IUII Of It4,i1 _ r' •'i m"', 01 JS feel AI h I In 101t(11on or l0nt; n,u f, lane Ire itNN, lent. ("Nil Of OINION 1,INCI lov Vfll,..r11 told curve it t-, rl4h1. 1414 file,# - If, wvn, a AObrl fvul+,, n ae I n l9IS 1, :ff'/.1/u f1 -1 94141 rl Iflb, v 14n 01, vrgvo111, 1tr, Irff 114hC4 Sdull Wool. ..IS 414 V1, rnf >r hnle Is. 'n"^' 11, .,.,r Itrl to try 0411 Of 1"1nn 1, p, hojfpo,j 1 oe 4((.1+1,-1.10 l M Ire! It r nrlrv p, V I e I N 1 I Y AI A? ,nr rnr,1drul,o... 1,1 1'l, ,ep, rl u0, All nf ura( ne., nl.r ' GNIn wmn ,r Land t'/ Oral of errlU, tN I, 1!, vl _ Yr 9„_, a NJt411 IAv, II „ a-awl„J~--~- (0,ALl. 10W , N t R A M 5 r, Sit I:I Fl.4.1 ,6 No. /I G Q t. f A4' /1 C, ~ I~ ` tit, 30 ~ - f ,,r, I e A I' A- t 5 as'3!Lf, OA4,3_ t f to, i 4 1 1 N, SA' OA' i~' W. - 111,.09. p. ' ,e.t , i v, NOtt I III NO CWIISWAY ACCT iO 'xR; tlarlrpAt tt4urlurc' C' C 0 U 1. l A l ; 'I I[ASICY IAN, AS A .'t"Fil n. Ct11,n1, duel ctrtlll 1141 let forty, plot AotrawA IfOn• 6 R S U V 8 Y ~'al I By "L PLAN41K O:ctgxu[ I'lH Ito 111u11% to a Ivn., tads 31 « w, oft, p0wd, one that it, It,,% COW MISSION ON A,ARC11 •,,.IPYL au rerun, ..to Vt01 un1 rolvral And turt,(lal, of tal/fcllr shw.n A 6. I Q C 7 h'.n deal 0,4" Into" a,d actual woo, . 1ti1SICA10 PUSL10 I4AY[YGA 11697 .QE /l r ~ ~ `n p lv ~.~___w•. """'Or elAtlfltAlt Of APPAOYAI , e{v ~5 o '{'L[ p p~ r I Appr OV el Ihll day nl A. 0...191"'w r/r u ,'l`+F„~{", I A~S L E YMALL 5 1 PL) D 1 1 I rJ~ 61 114 CNr pllnoine Co„luhv, of Inr (III 0( Otnlon, oil. Dec?nn Tex s' 74- ( ,i,m 4141 rn,1 , t,t?alf !!'r,~!t _i' C ~0 1 ~7~n 4 $(A_L I It ~rr~ M1nutes Development Review Committee February 15, 1983 Stalf Present: Robbie Baughman, Jerry Clark, Greg Edwards, David Ellison, Jack Gentry, Wayne Horsley, Earl Jones, Ken Lamberson, Doti McLaughlin, Koorosh Ol.yai, Denise Spivey, Tommy Stone and Bob Tickner Developers Present; George and Virginia Attaway Vi1I, Review of Quitclaim in Teasley Nall Addition Planning_and Conununity Development A. Quitclaim is acceptable to all departments. B. Developer must provide field notes of area c:o be tiuitclaimc:d to this department to start processing of quitclaim. Minutes Planning and Zoning Commission March 23, 1983 Page 19 C. Approval of the final plat of the Colorado Courts Subdivision. Chairman said that this request has been withdrawn by petitioner. ll. Approve the proposed annexation of approximately 151.49 acres of land located south of the 'T'exas Pacific - RKT Railroad, north of Highway 380, and east of Cooper Creek Road. (Z-1564) Mr. Watkins outlined area proposed for annexation and explained that purpose of annexation is to control proposed mobile home park and other development in the area. He said that if development of mobile home park occurs, water and sewer will be brought into the area; that possibly water and sewer could be carried to an existing mobile home park in the area. He continued that code enforcement and zoning would also be beneficial to the area and staff recommends approval of annexation of the 151.49 acres. Mr. Claiborne moved to recommend annexation of the 151.49 acres of land. Seconded by Mr. Escue and unanimously carried. (7-0) E. Consider request for quitclaim of two alleys located in block I and block 2, Railroad Addition. (Q-49) Mr. Ellison explained that existing buildings over the alleyways have been In place for several years, that there is no anticipated future need for the alleys and the Development Review Committee recoumiends approval. Fie said that Judd Holt, representing Harpool Seed Compan,,, is present to answer any questions; that formal release., from abutting property owners have been supplied. Mr. Sidor moved to recommend that two alleys located in block I and block 2, Railroad Addition, be quitclaimed. Seconded by Ms. Mays and unanimously carried. (7-0) F. consider quitclaim of 0.0434 acre strip of right-of-way located along the west side of Teasley Lane at the inter- section of Teasley and Londonderry. (Q-56) Mr. bllison explained ghat property was dedicated to city, therefore the city cannot sell the property; that Mr. and Mrs. Attaway, adjacent property owners, have requested that the property be quitclaimed to theca to be used to expand their parking area. Ile said that Development Review Committee recommends approval. Minutes Planning and Zoning Commission March 23, 1983 Page 20 Dlr. Juren moved to recommend that the 0,0434 acre strip of right-of-way located along the west side of Teasley Lane, at the intersection of Teasley and Londonderry, be quit- claimed. Seconded by Mr. Sidor. Question was asked whether expansion of Teasley to four lanes would necessitate the city having to buy property back and Mr. Ellison answered that according to infor- mation from engineering department the city has no plans for the property. Mr. Clark advised that there is avail- able right-of-way not being used, that when drainage is put in the bar ditch can be used for widening purposes, he further stated that Ridgeway Drive will divert traffic away from this location, Vote was called: Aye: Cole, Juren, Mays, Sider Nay: Claiborne, hscue, LaPorte Motion carried. (4-3) L- _ G. New Business Mr. Watkins advised that the study session scheduled for April-6 has been postponed as he will be in Galveston attending, the state APA conference. He said it is staff's suggestion that it be postponed until after the national APA conference in Seattle April 17 through April 21 as additional information might- be available at that time. Mr. Watkins further informed Commission that the current president of the Texas Chapter of the American Planning Association, Bruce McClendon, has been elected as national president. Mr. Juren asked how agendas of Planning and Zoning Commis- sion could be limited and it was decided to discuss this item at the next study session. Meeting adjourned at 9:10 p.m. 376L/OEOROE ATTAWAY NO. AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF A TRACT OF LAND DEDICATED FOR UTILITY AND STREET RIGHT OF WAY WITHIN THE CITY OF DENTON AND AUTHORI4ING THE MAYOR TO EXECUTE A O rTCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID LAND TO THE 014NER OF THE ADJACENT TRACT Or LANDi AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said portion of land is not needed for public use, and that same should be abandoned and quitclaimed to George Attawayt anc WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will ue served by abandoning and conveying the same to George Attaway, for the consideration hereinafter more fully sot forth) now, therefore, ( BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENT'ON, SECTION I. That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and interest of the public are concernedi All that certain tract or parcel of land situated in the C. PoullAlier Survey, Abstract No. 1007, City and County of Denton. Texas, being a part of a (called) 7.527 acre tract described in a deed from Joe P. Farina to Michie J. Thaten on March 24, 1972, recorded in Volume 642, Page 100, Deed Records of Denton Count:, Texas and being more fully described as follows BEGINNING at a steel pin at the northeast corner of said 7,527 acre tract in Teasley Lane) THENCE south 1016106" west with the east boundary line of saij 7,527 acre tract in Teasley Lane a distance of 69.50 feet to a steel pin at the beginning of a curve) THENCE southwesterly around a curve to the right having a central angle of 9000311111, a chord bearing and distance of south 46017141' west 35.37 feet, a radius of 25,0 feet and an arc length of 39,29 feet to a steel pin on the north right of way of Londonderry lane and at the southeast corner of Lot 1, Block B of the Replat of Teasley Mall Subdivision, Plat of which is recorded in Volume 13, page 17, Plat Records of Denton County, Texas) THENCE north 88040143" west with the north boundary line of Londonderry Lane a distance of 20.0 feet to a steel pin) THENCE northeasterly with the east boundary line of said Lot l and a curve to the left having a central angle of 90003'11", it chord of north 46617141" east 35.37 feet, a radius of 25,0 feet,. and an arc length of 39,29 feet to a steel pint THENCE north 1016106" east a distance of 69.31 feet to a steer pin at the northeast corner of Lot 1, Block B of Teasley Mall. PAGE ONE Subdivision and on the north boundary line of said 7.527 acre tract; THENCE south 89013152" east a distance of 20.0 feet to the point of beginning, containing in all 0.0434 acre of land. SECTION II. That the Mayor and City secretary are hereby authorized t: execute and deliver that certain quitclaim deed t,ttached hereta and incorporated herein conveying said tract of land describer therein to George Attaway. SECTION III. That portion of the tract of land herein described beln.; vacated, abandoned, and closed is made subject to all axisttnq zoning regulations and deed restrictions, if any, and subject tv all existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force ar,c effect from and after the date of its passage, and it is s~. ordained. PASSED AND APPROVED by the City Council of the City o. Denton, Texas, this the day of 1983. RIINARD 0. TEWART, PIAYO'R CITY OF DENTON, TEXAS ATTEST! CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOW11 C. J. TAYLOR, JR „ CITY ATTORNEY CITY OF DENTON, TEXAS BYr PAGE TWO 0-t"ptr MAIN 0610 MAIN Gam 0~ Dohw THE STATE OF TEXAS, "01V ALL MEN BY TtIFSb PRESENTSi COUNTY OF DENTON That The City of Denton, Texas, a Municipal Corporation of tho County of Denton and State of Texas , for and in conelderatioa of the sun, of ---------------------TEN AND 1401100 !$10,001------------------ DOLLARS, to it in hand paid by George Attaway of the County of Denton and State of Texas the receipt 41 whicb Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAM unto the said George Attaway his heirs and assigtu, oil its right title and interest in and to that certain tract or W. cel of land lying in the County of Denton and State of Tox4s, described as follows, All that certain tract or parcel of land situated in the C. Pcullalier Survey, Abstract No, 1007, City and County of Denton, Texas, being apart of a (called) 7.527 acre tract descrihed in a deed from Joe P. Farina to Michie J. Thaten on March 24, 1972, recoroed in Volume 642, Page 100, Deed Records of Denton County, Texas and being more fully described as follows: BEGINNIM at a steel pin at the northeast corner of said 7,527 acre tract in Teaslay lane I THENCE south 1016'06" west with the east boundary line of said 7,527 acre tract in Teasley Lane a distance of 69,50 feet to a steel pin at the beginning of a curve; THWCF southwesterly around a curve to the right having a central angle of 901031110. a chord bearing and di.itance of south 46017141" west 35,37 feet, a radius of 25,0 feat and an arc length of 39.29 feet to a steel pin on the north right of way of Londonderry lane and at the southeast corner of Lot 1, Block B of the Rnplat of Teasley Mall Subdivision, Plat of which is recorded in Volume 13, Page 17, Plat Records of Denton County, Texasr THENCE north 88040143" west with the north boundary line of Londonderry Lane a distance of 20.0 feet to a steel pins THENCE northeasterly with the east boundary line of said Lot 1 and a curve to tt)e left having a central angle of 9060311111, a chord of north 46017141" east 35,37 feet, a radius of 25.0 feet, and an arc length of 39,29 feet to a steel pin; THFS1t.r, north 1016106" east a distance of 69,31 feet to a steel pin at the mxrtheast corner of Wt 1, Blak B of Teasley Mall Subdivision and on the north boundary lire of said 7.527 acre tract) THENCE south 89013'52" east a distance of 20.0 Peet to the point of bey inning, containing in all 0.0434 acre of land. TO HAVE AND TO [HOLD the said premises, together with all and singular the rights, prin. loges and appurtenances thereto In Any manner belonging unto the said George Attaway, :Zis heirs and assigns, forever, so that neither the said City of Denton, Texas, a Municipal Corporation, its successors nor 46rmm any person or persons claltuing under it shall, at any time berevter, have, elAlm or demand any right or title to the aforesaid premises or Appurtenances, or any part there. of, WITNESS Our hand at Denton, Texas this day of A. D. 19 83 Witnessm at Request of Or.anlort CITY -OF D 71'0:4,_ TF:XAS` ammzcT RICHARD 0. STEWART, MAYOR sl,~uLE ncs;ax;ourl,FUC+~sENT THE STATE OF TEXASr BEFORE JIE, the undersigned Authority COUNTY OF it, And for raid County, Texas, on this day personally oPMared. _.._..._...,.,..__.,,....._._known to me to be the person whose name subscribed to the foregoing instrument. And acknowledgod to me that he executed the same for the purposes And toariderMlon ihereln exprossed. GIN'EN UNDER DIY NAND AND SEAL OF OFFICE, This day of A,D. 19 L.S,3 Notary Public, County, Tax" sly commission Expires June L 19 . SINOLE ACKAN NArLEDOdIFNT THE STATE OF TEXAS, BEFORE lIE, the undersigned authontr COUNTY OF in and for said County, Texas, an this day persnnnlYy appeared . --known to me to be the person whose name subscribed to the foregoing Instrument, And Acknaw'ledged in me thus he executed the same for the purposes and conshlerat,on therein expressed. GI1'EN UNDER MY HAND AND SEAL OF OFFICE. This day of ,.1. D. I9. i L.S.) County. Texan Nolen y' Public, 1b. Commission Expires June 1, 19 CORPORATION %Cj(N0\VLFDGNlbNT THE STATE OF TEXAS, BEFORE ME, the undersllmc % authosir.7 COUNTY OF... DENTON -9.f the In end for sold County, Texas. on this day personally •ppnr¢~i ,C~1~C.~- -,..-.ii.t.B.W d.K.1r.,._ ~Ia~?s. r.. Denton whose name is subscribed to the foregoing Ynet - c known to nit to he she person and eri4avc h1 n m r 'o the f tument and acknowledged to o me that the $ $me was the eel of the snit city of-Denton.,-Texas o rorywratlon, and that he executed the same as the •d of each corporation for the purposes and comldentlon t~urrm expressed, and in the capacity therein stated. GIVEN UNDER MY NAND AND SEAL OF OFFICE, TLIs._.____-__--day o[- ~ A.D. Ss. 3..'. (LS.) Notary Public, ..---.•-pe-Yt.k-4-Ul County, Tas:w My Commission Expires June 1, 19.._.._ CLERK'S CI-RTIFICATE THE S'rATF; OF TEXAS, Comic, COUNTY OF Clerk Of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on 'au ^nr day of , A. D. 19 , will, its CertlAcme of Authentication, was 61141 A. D. 19 , at o'clock yt,. and nu p record In my oture on the day of .n +r r recorded this der oC. _ Records of said A. D. 19 , at. o'clock d County, in Volume.... , An pnges - WITNESS MY HAND AND SF;AI.OF THE OOVNTV COURT of snid County, at office In ' , the day And Your lust nhmVe WrItteu. Cnunty Clerk County. Perms.. _ 6c ryn:J. 9,1 By. IL. Y ~I1` J • I 1~ t" G III f .fl r l a .-r IIV I Ga l o ~•~l a r °r, z-4 it W o 4 r" I I u. Q k w > II it U F. a ~',I OH L E+ o y C ~ 1-1 w i z ' - n 1 W N s. { il F, l7 E ~ 9 n t3 oa 5 c~ •3 = I 1 CITY CUUNCIL AGENDA BACK-UP SUMMAKY ShL T Date: April 19, 1953 Subject; Resolution supporting modiLication of Part D of the Clean Air Act. Summary; (See attached comments from the North Central Texas Council of Governments,) While this issue has direct bearing upon Dallas and Tarrant Counties, Denton is indirectly involved by its proximity, its membership in NCTCOG, and its possible Luture need Lor LPA flexibility, Action Required; Adoption of resolution, 0 Alternatives; 1. Defeat resolution. 2. Adopt resolution and send copies to U. S. Senator 'l'ower, Congressman VandergritL, NCTCOG President Florence Shapiro, and NGTCUG Regional 'Transpor- tation Council Chairman Bob Bolen. Jett Meyer" ire tar of Planning and Community Development , R 6 S 0 L U T l 0 N WHEREAS, the City Council of the City of Den tan, Texii supports the continuation of effoctive air quality standards; and WHEREAS, the City Council of the City of Denton, Texas also supports efforts to provide area citizens with transportation mobility and the opportunl,ty to obtain economic objectives; Now, THEREFORE, BE IT RESOLV61) BY THE CITY COUNCIL OF THe Cr'rY OF DENTOx, MAS; SECTION I. That the City Council of the City of Dentan, Texas supports an appropriate balance among air quality, mobility, and oconooii: objectives through the modification of the proposed United States Environmental Protection Agency's Construction and Funding Sanctions (48 Federal Register 4972, "Compliance with the Statutory Provisions of Part D of the Clean Air Act February 3, 1983). SECTION If. That a copy of this Resolutlun shall be forwarded to the United Statas Env ironmentaI Protection Agency, 401 M Street, S.W., Washington, D. C. 20460 PASSED AND APPROVED this tiro day of , 1983 lt'TCiIZiAIi-U J'CI;PAN'l', ~~Ir YU CITY OF OhNTON, TEXAS ATTEST: UMV CU7'I . iwEr , iITl'i -ST cV.- " CITY OF DrNTUN, TEXAS APPROVED AS 'r0 LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DE•NTON, TEXAS EY:` L~.`F~ North Central Texas Counoif of. 6overnments ~y P 0 Drawer COQ Arlinglon. Texas 76005-5888 FROM: Florence Shapiro DATE: March 17, 19-13 President, North Central Texas Council of Governments Mayor Pro Tem, City of Plano Bob Bolen Chairman, Regional Transportation Council Mayor, City of Fort Worth T0: Selected Local Government Officials in North Central Texas SUBJECT: Regional Comments on Proposed Fedrral Sanctions Under Clean Air Act Enclosed for your information and action is a joint NCTCOG Executive Board- Regional Transportation Council position statement pertaining to the propose,f U. S. Environmental Protection Agency (EPA) construction and funding sanctions. As you may be aware, the proposed sanctions include a moratorium on the construction of major polluting facilities, and the withholding of funds for air quality planning, highway construction, and sewage treatment plants. These proposed sanctions by EPA result from air quality violations and would affect all cities within Dallas and Tarrant Counties. This position statement has also been sent to members of the Texas delegation. in the U. S. Congress. We encourage your jurisdiction to take action on this issue and encourage your use of the attached statement, The deadline for comments to EPA is March 21, 1983; however, recent information indicates that this will be extended to May 5, 1983. Comments should be sent to-- Central Docket Section (A-130) Docket No, A-83-01 U. S. Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 Comments to U. S. Senators and Representatives are encouraged. If you have any questions on this matter, please contact Gordon Shunk, Director of Transportation and Energy, NCTCOG, (817} 461-3300. We appreciate your support. c: orence ShapiFo Bob Bolen mdm Enclosure Conlerpoint Two 616 Six Flags Drive DallaslForl Worth Melro 6171461.3300 r North Central Texas Counoll of Governments P O Drawer COG Arlington, Toxas 76006-6888 Comments on the Proposed U.S, Environmental Protection Agency Construction and Funding Sanctions (48 Federal Register 4972, "Compliance with the Statutory Provisions of Part D of the Clean Air Act," February 3, 1983) The following comments are provided by the Executive Board of the %k-orth Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC), The Governor of Texas designated NCTCOG as the Metropo'itan Planning Organization (MPO) for the Dallas-Fort Worth area and as the lead. agency for transportation - air quality planning, with the RTC serving as the transportation policy body for the MPO, Local officials in the Dallas-Fort Worth metropolitan region support the continuation of effective air quality standards; however, they recommend an appropriate balance among air quality, mobility, and economic objectives, This tradeoff among objectives is the Joint reponsibility of the citizens of this country, local and state officials, the United States Congress, and the Ennvironmental Protection Agency, Specific comments on the proposed U.S. Environmental Protection Agency (EPA) construction and funding sanctions are described below, Section 1, Ozone data from air quality monitoring stations in Dallas, Tarrant, and surrounding counties should be reexamined by local governments, the Texas Air Control Board (TACB), and the U,S. Environmental Protection Agency to assure that accurate data are used in a consistent manner for determining whether air quality standards are being met. Factors which may cause these data to be inaccurate, incomplete, or not representative should be identified. The following three items highlight these concerns. a Inaccurate - The ozone data presently utilized by all parties has not yet been validated and approved. The effect of ozone transport on these values has not been adequately considered. • Incomplete - Because the deadline for implementing air quality control strategies was December 31, 1982, the ozone data for 1982 does not acount for air quality improvements made since the end of the 1982 ozone season (i.e., September), Ozone data collected in 1983 would measure the effectiveness of these projects, especially the recent improvement in new car turnover, 0 Not Representative - The location of Continuous Air Monitoring (CAM) equipment at non-typical locations (e.g,, airport grounds) can often be measuring a localized and therefore non-representative condition, Centerpoinl Two 616 Six Elms Drive Dallas/Fort Worlri Metro 81 7146 1.3300 i Section 2, The EPA should be encouraged to redesignate Tarrant County to a Tier I nonattainment status because of technical and statistical questions about lima used to determine that Tarrant County exceedances warrant Tier 11 status, T'*~ is redesignation would result in a sanction-free period until July 1, 1984, These are three reasons for this redesignation to Tier I, • The fourth highest ozone value over the last three years for Tarrant County equals the determination point used by EPA for tier designations (i,e„ 0,14). The present procedure used by EPA to determine the tier dasignation of each local area does not adequately account for variable meteorological conditions from year to year, 0 Of the 12 total ozone exceedances in Tarrant County between January 1980 and December 1982, 11 occurred on days with a 5 to 10 mile per hour wind from the direction of neighboring Dallas County. Consistent with the July 3, 1982, Federal Register notice [48 FR 49751, t^ese transport effects of ozone should be considered in the attainment designations. Because the deadline for implementing air quality control strateies was December 31, 1982, the 1982 ozone data does not account for re,:ent improvements, This is especially true of the turnover in new vehicles. Section 3. Congress and the EPA should be encouraged to review whether the present C`ean Air Act requirements which permit the ozone standard to be exceeded only three times in three years are reasonable and appropriate. There are two concerns with regard to the ozone standard. The first concern specific.illy addresses the three-year standard. Given this standard, the earliest -o;ate that Dallas and Tarrant could reach attainment is January 1, 1986, This time frame applies even if Dallas and Tarrant Counties do not exceed the ozone standard in 1983, 1984, and 1985, In addition to the time-frame portion of the standard, EPA and Congress need to address specifically the appropriateness of the 0.12 ppm ozone standard, Careful evaluation of the tradeoffs among air quality standards, mobility, and economic effects should be considered, For example, in fiscal year 1983 a loss of $150 million in roadway construction in the Dallas-Fort Worth area would increase unemployment by 12,000 persons. Section 4. The EPA should be encouraged to recognize that its "approval" of the 1979 Texas State Implementation Plan (SIP) constitutes a determination that the plan was "adequate" and as a result, sanctions should not be imposed on highway construction, sewage treatment, and air quality planning funds. The 1979 41,oxas State Implementation Plan was developed, submitted, and implemented on time according to EPA regulation, 2 Section 5, The EPA should be encouraged to reinitiate the State Implementation Plan process in order to assure continued effort toward obtaining the ambient air quality standards, If construction or funding sanctions are imposed until standards are met, an estimate of the mobility and economic impact of such a policy should be documented by EPA [48 Federal Register 497"], Section b. The Congress should be encouraged to modify the Clean -Jr Act so as to address specifically situations, such as that found in Dallas and Tarrant Counties, wherein standards were violated even though the State Implementation Plan had indicated they would not be, This concern specifically addresses use of emission reduction data to determine the air quality components and approval of a State Implementation Plan and ozone data Go determine the attainment status and imposition of sanctions, As a result, the local and state governments are at the discretion of the EPA with regard to the relationship of anticipated emission reductions and projected changes in ozone 'slues. If this relationship developed by EPA is incorrect, the local areas, not EPA, suffer the consequences, 3 R b S 0 L11 I' [ ON WHEREAS, the Regional Pransportation Council is the polio body of the Metropolita,t planning organization for the Dallis. Fort North urban area; and WHEREAS, over the next 20 years, the population of Texas is expected to Increase by about 50 percent; and nHERRAS, recent surveys of the Texas transportation syste,n reveal that, 1. Texas leads the nation in deficient bridges (17,200) and deteriorated state roadways (7,740 milos; 2. Texas will have to triple Its present rate of highway construction and main to aatic e funding to handle an anticipated traffic increase of more than 50 percent In the next 20 years; 3 Texas motorists each currently pay an average of $292 per year of "bad roads tax" in excessive fuel use and vehicle damage and woar; 4. Texas cities cannot keep up with a growing backlog of street repairs, although they now spend Sg percent more for that purpose than three years ago; and WHEREAS, a large number of Texas cItizait s dopond up.: t. transit systems as their sole means of transportation; and WHEREAS, add ItIonrtl funds are needed to replace a3 i1i transit equipment and to provIdo additional equipment to met n:. demands; and WHEREAS, increased state revenues fur transportation wou.c reduce dopendoncu upon the fedora I governmont and :,'.nerabilk: to federal funding cutbacks; and WIICRLAS, urban areas contribute a substantial portion state and fodoral revenues generat ud by vehicle use, aria THEREFORE, bE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNTUN, 1'LXAZ) SECTWN I. That the Regional 't'ransportation Council strongly urges t.. Texas Legislature to provide additional state funding for b,.:: road and mass transportation improvements; in particular, level of at least $70 million per biennium is needed for publ.: transportation. PAGE ONE SECTION It. That the Regional Transportation Council recommends that an increase in state transportation user Coos be permitted only if a minimum of 60 portent of the addltional funding to the State Department of Highways and Publlt Transportatlon is spent in urban areas, SECTION III, That the Regional Transportatlon Council supports legislation to establish a city street improvement fund (Th, Pothole Bill), SECTION IV. That the Regional Transportation Council recommends the allocation of transportation user fee revenues which x111 provide matching funds to assure full use of federal highway ann transit funds available to Texas. SECTION V. That this Resolution shall be forwarded to members of tn; State Legislature representing the North Central Texas regic and be in effect Immediately upon Its adoption, PASSED AN I) APPROVED this the 19th day of April, 1983, RMIARD O. S'I'BSZ'ARI; Jh1Y(7R CITY OF DENTON, TEXAS ATUM I CITY OF DE,NTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: R I; 5 0 L U [ O ~ WHEREAS, we live in a world that makes universal human rights our first priority if civilization is to survive and advance; and WHEREAS, a major obstacle to the attainment of universal human rights is the prejudice that manifests Itself in the prosecution of a people for their religious beliefs; and WHBREAS, the earth is, in reality, one country and mankiad Its citizens; and WHBRHAS, we in America have been given great spiritual capacities and blessings; WHEREAS, we must take the leadership in the quest for an attainment of universal human rights and religious freedom; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF The CITY OF DENTON, TEXAS. That we, the City Council of Denton, Toxas, do hereby protest the relentless persecution of members of titre Baha'i Faith in Iran; and IT IS FURTHER RESOLVED, that the City Council of Denton, Texas enacts this resolution of sympathy and support of the Baha'is of Iran in order that the world may know our sentiments on this humanitarian issue. PASSED AND APPROVED this the _ day of _ , 1985. R I CHARL)Z3 TA1; . , t CITY OF UENTON, TEXAS ATTEST: CILIRLOT'TE ALLEN, CITY SECRE'T'ARY CITY OF DENTON, 'T'EXAS APPROVED AS TO LBOAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS VL R E S O L U T 1 0 WIiERBAS, a majority of the Council will be out of the of Don ton on May 3, 1983, and it is necessary chat the Coun; meeting for such date be postponed until 31ay IO, 1183; THEREFORE, 88 IT RESOLVED BY THE CITY COUNCIL OF 'r1th CITY OF Dh,VTO\', Thx-a._ . SECTION I. That the regular Council meeting to be held on Mily 3, rI; be postponed until May 10, I983. PASSU AND APPROVLD this the 19th day of April, 1983. RTCfTLR ; ART7-MAY" , CI'T'Y OF DENTON, TEXAS ATTEST: , l.I R OTTh AL b,T, CI'i SE RL'i'~k~ CITY OF DE,NTON, TENAS APPROVED AS 1'0 LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CI'T'Y OF OEN'rO,N, 'vEa:5 8Y . i CITY Ulu' DEN`1'ON MEMORANDUM TUB Mayor: and Members of the City Council FROM: Charlotte Allen, City Secretary DATE-. April 141 1983 SUBJEC` : Back-Up for Agenda Item #7 Dr. Roland Vela requested to be placea on the Council agenda t report on TMPA activities. No written back-up materials wer:: provided. Chariot e 'Allen ca 0770C/ ~~crr cirr of DENTON, Texas MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE (817) 566.8400 s~LA t~r REP OAT DATE: April 4, 1983 TO: P1ember<3 of Citizen's Traffic Safety Support Commission FROM: Koorosh Olya.i, City Traffic Engineer SUBJECT: Traffic Signal Located at Bel]. and Hickory JASTII'?C Tt ION rUA 19iE EXISTENCE OF 'PHE TRAFFIC SIGH Various information and data were collected for the intersection of Hell and Hickory on April 1, 1983. Analysis on the twenty four hour traffic volume count indicated that the existence of the traffic signal is justified and it is warranted under the "Interruption of Continuous Traffic". Some of the other interesting points were found to be. Two way traffic on Bell 14,642 vehicles per day Two way traffic on Hickory 6,062 vehicles per day 85th percentile speed on Bell 36 mph (slightly high) Mean (average) speed on Bell 31.78 mph Range of speed on Bell 27.9 35.7 mph OPERATION OF THE T'RAFFIC' _STGNAII Day time operation of the traffic signal at this location is through a pretimed controller. The two-phase operation has the following timing: GREEN (SEC.) AMHER (SEC.) ALL--RED (SEC.) Dell 25.5 3.0 ]..5 Hickory 15.0 3.5 1.5 Night time operation (10:00 PM 6:00 AM) is a flashing mode, which is accomplished through a time-clock. During this time I3e11 receives amber flash and Hickory receives red flash Traffic Signol Located at Bell and Hickory April 4, 1983 Rage 2 JUYT'XFICAT'TON O1l i I'ASHING OP1 RATION Requirements of the Texas Manual on Uniform Traffic Control Device:;. for flashing operation as reflected on pages 413-16, Section 4B-18 are, "When for a period of four or more consecutive hours of the late evening and/or early morning periods, any traffic volume drops to 50 percent or less of the state volume warrants, pretimed traffic control signals should be placed on flashing operation raL•her than continue normal operation." 'Phe traffic signal at the intersection of Bell and Hickory was fo!i-n3 to be warranted under "Interruption of Continuous 't'raffic" and minimum requirement o.L- this warrant are: Major street (Bell) 900 vehicles per hour Minor street (Hickory) 100 vehicles per hour Twenty-four hour printed traffic volume count indicated: Major street's volume falls below 50 percent of requirements fo1 10 continuous hours from 8:00 PM - 6:00 AM Minor street's volume falls below 50 percent of requirements fc 12 continuous hours from 6:00 PM - 6:00 AM POTENTIAL VISIBILITY PROBLEMS The buildings located on the northwest and the northeast corner o the intersection are situatad in a manner which may cause them to be in violation of the requirements for Article VIII, Chapter 24 cf the Code of Ordinances. This article addresses "Views and Passac Obstruction". ACCIDENT HISTORY In order to investigate the effects of the visibility obstruction.z at this intersection, a collision diagram is developed and attached. Review of this diagram which reflects all the accidents for the p.-st 15 months that have occured at this location indicates no set-pat erns. The total number of accidents is 9 of which only one has happenec wring night time flashing mode. Traffic Signal Located at Bell and Hickory April 4, 1983 Pago 3 MCZT-LIC P ON CAPABILITY The existing "Eagle" controller is 15-20 years old. Due to the age of the equipment any modifications will be next to impossible, The manufacturer is no longer producing this model and availability of parts are unlikely. The other problem that exists and restricts upgrading, is the state of internal wiring due to old age. For example, if ono decides to make the simple change of Yellow/Red flash to Red/iced flash, 14 different: parts are required and changes will nevissitate internal wiring changes. CONCLUSION The existence and the operation of the trafficcontrol signal at this intersection meets the requirements of the Texas MUTCD. Research has also proved the following, 1. Yellow/Red flash produces the .least amount of delay for the motorists. 2. Yellow/Red flash is the best means of control in terms of fuel consumption and vehicle emissions. Although there is a definite visibility problem at this location, the review of the accident history did not reveal any correlation between them and the view obstruction. This,is not to conclude that the situation should be ignored. It is merely suggested that since this controller and the entire intersection operation will be changed and upgraded once the Bond Money is available it. may be apprr,pr.iate and economical to wait until that time. Koorosh Olyai L~ Traffic Engineer Attachments KO/yg LOLL f DIAGRAM IJCPAkTMrNT Of TRAFFIC ENGINEERING XAU19.'XON't Boll @ Hick otx ~ 1]A'1u OownEgz ~ri2 1, .1983 _ b W~O:N,•.~~XA9. Imm:1-1-•82 thr•u 3~~1-83 (15 mo.) . ra U Ki ON N HICKORY 00 N p 9-27-82 9:55 A C. D.. 8-30-82 11:50 P, C,D, r 2-2--83 8: 10 A. C. D. /i-5-82 5:00 Y C.00$0. 3-15-82 11:10 A. 0. D. a HICKORY W ! P+ CN m 00 I:'A'1F1 OF V=RCXCT TST 0 PARKED VEE-iICUi IS TIM. PATH or, DTCYCLIST FIXED OBJECT v A--AM P=PM PA'i'1-l OE' Movn,,G VEf11CT,E• OVERJUMED PAVEME33'I: P ?ES'1t2TAiV Pj~Ti --4 OUT 01" CXhNTROL ll=DRY I-ICY SV=WE1' VATA2, 0 Sl•D=MBE S•i>rA'1T-IER: W-.2111 END WLUSl0L\j - ACCIDENT SUMMARY DAY T~N I G H r.** T O T A L N"ON PR~SFr CL~ISSIMATI04 BY TYPE_ FATAEI T TOTA FATAL ~O PREP N l~R rA] - -FATAL pAASg F D&AC TOTAL FATAL F ~A TOTAL APPROACHING AT RIGHT ANGLES 3 1 1 5 APPROACHING SAME OIRCCTION 3 3 ApPROACEIING OPPOSITE DIRECTION PEDES'YRIAN ACCIDENT FIXED OadE".CT ACCIDENfr OTHER Accwr--NTS TOTAL 8 - - - J CITI'ZEN' TRAFFIC SAFETY SUPPOR'T' COMMISSION MEETING April h, 1983 PJtESENT Wayne Autrey, Chairperson Gilbert Bernstein Bruce Chamberlain Rocky Kane Doris Chipman Virginia Gallian Bu. ^t Solomons ABSENT Ken Robinson Bob George STAFF Koorosh Olyai, Traffic Engineer Sgt. Clovis George, Denton Police Department The Citizen's Traffic Safety Support Commission meeting was called to order by Chairperson Autrey in regular session on Monday, April 4, 1983 at 3:32 p.m., in the civil Defense Room of the Denton Municipal Building. A motion was made by Rocky Kane and seconded by Hruce Chamberlain to approve the minutes of the March 7, 1983 meeting. The motion carried unanimously. Item 11 3: Staff Report with Re ardto the_Operation of. the Inter: ection at Hell and Hickory Koorosh Olyai presented a comprehensive staff report on the traffic signal located at Bell and Hickory. In this report Koorosh presented justification for the signal and Justification for the signal goin„ on flash from 10:00 PM to 6:00 AM. Koorosh pointed out some visibility problems occur in the area but he felt that the accident history did not warrant any change at this time. He felt that although there should be no change at presenL•, the situation should remain under consideration and re-evaluated as Hond Money becomes available. Traffic Safety Support Commission Ap.t.il 4, 1983 Page 2 T'he motion was made by Commissioner Solomons that we maintain status quo based on the information available. The motion was seconded by Commissioner chamberlain and carried unanimously. t 4=45 PM, Rocky Mane made a motion for ad,jotirnment. commissioner Chamberlain seconded the motion and it carried unanimously. Wayne Autrey Koorosh Olyai Chairperson Traffic Engineer q, CITY OF DENTON MEMORANDUM DATE OF MEETING, April 19 1983 CITY COUNCIL AGENDT ITEM (U bXACT WORDING ITEM S B PLACED ON AGENDA) Consider the request of Ms, Darles Watson for a curb cut on Carroll Boulevard. SUMMARY; Council tabled this request at their meeting of April S, 1983. Staff has arrived at an alternative to the problem and will present it to Ms, Watson, FISCAL SUMMARY; Not Applicable. ACTION REQUIRED; Council should approve the curb cut or the alternative. ALTERNATIVES; Council could approve the alternative. STAFF RECOMMENDATIONS: Staff recommends approval of the alternative. EXHIBITS; 1. Memo to G. Chris Hartung 11. Map L~ Rick ve I CITY OF DENTON MEMORANDUM TO: G, Chris Hartung FROM; Rick Svehla DATE; April 13, 1983 SUBJECT; Request of Ms.. Darles Watson for a Curb Cut on Carroll Boulevard This request for a curb cut on Carroll Boulevard was brought c:; the council at their meeting on April 5, 1983. At that time, Council tabled the request pending further study, Attached is an alternative that staff feels is a viable an-6 workable solution to his, Watson's problem. Staff will contact Nis. Watson and advise her of the suggested plan. If you any further information, please let me know. RICK svelhra Assistant City Manager 1 I Noun I ~"~"a~ L'n!PA~`E /Ot! CA,PRVe! '4I VA ~ i ~ Po,tCN i i' ~ l ~ peoAOl ~ 2~ 0 ~J 12. or~v ~ 4 i I _ L I \ / \ t ~ ~ / i ry, l ~ ~ RIICA~' 0 AUTHENTICITY THIS IS TO CIFTIFY that the mlcrophologrophs appearlnQ on Ibis Filmofile S+artln~ wilh CITY COUNCIL. AGENDA PACKET 04/19/83 and Inding with CITY COUNCIL. AGENDA PACKET are occurgN and complete reproducllonc of the retards of (Company and Depl,) CITY Or DENTON - CITY SECRETARY as dellversd In the regular counts of bVllnell for photographing, N Is further cerfified that the micrcIpholoptophie processes wer+ accompNehed In a monnar and on Alm which meets with requlremenls of Iho National 1 v of Stands fw pwmanent mlcrophotogrop:dc copy, . ',ld uo - nacorda Com"y 11,0MA) UCHHOLOOY AT (WfX 4w• ow~ FLAGEr 811M&Lt?1fCh..Sw State Arlinglon, Texas 76010