Loading...
HomeMy WebLinkAbout09-06-1983 F ~ AGENDA CITY OF DENTON CITY COUNCIL September 6, 1983 Work 'Session of the City of Denton City Council on Tuesday, September 6, at 3:00 p,m, in the Civil Defense Room of the Municipal Building at which the following items will be considered: 3:00 p.m. .l, Discussion of the proposed 1983-84 Annual Program of Services. Work Session of the City of Denton City Council on Tuesday, September. 6, 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. Discussion of nitiation of annexation proceedings concerning a proposed 17 acre subdivision located on Hickory Creek Road. 2. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Reid Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Aments Under Sec. 2(g), Art 6152-17 M.T.S. V.ARegular Meeting of the City of Denton City Council on Tuesday, September 6, 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 Regular MeeiJrig of August 16, 1983. 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 accordance with the Staff recommendations. City of Denton City Council Agenda September 6, 1983 Page Two A. Bids and Purchase Orders, 11 Bid # 9179 - Pickup 1/2 ton 2. Bid # 9181 - Dane markers 3. Bid # 9182 - Radio equipment 4, Bid # 9183 - Relay test set 5. Purchase Order # 59014 to TRAKS Service Company in the amount of $7,258.00 B. Plats, pp 1, oiproHickorythePlainsmin 3uyy bdivisionsion (The Planning and Zoning Commission recommends approval.) 2. Approval of the preliminary plat of the Ruddell Street Addition. (The Planning and Zoning Commission recommends spproval,) C. Final Payments: 1. Approval of final payment of $1,485.00 for Human Resource Needs Ass9ssment to Ipser and Associates, Inc. 3, Public Hearings: A. This is a public hearing to consider annexation of approximately 150.5 acres of land which begins at the intersection of Mayhill Road and East McKinney Street and extends easterly 250 feet either side of the centerline of East McKinney Street up to and including a 104 acre tract located on the north side of East McKinney Street. ('L-1590) B. Z-1595. This is the petition of Uaisy Punch requesting a change in zoning from two family (2F) to the office (0) classification at 423 West Prairie. The property is located at the southeast corner of West Prairie and Carroll Boulevard, (The Planning and Zoning Commission makes no recommendation.) C. Z-1597 and S-171. This is the petition of the City o euton requesting a change in zoning from agricultural (A) to the light industrial (LI) classification, and approval of a specific use permit for a sanitary landfi',1, on a tract of City of Demon City Council Agenda September 6, 1983 Page "Three land containing 36,082 acres located east of Mayhill Road along the south side of Foster Road also known as Edwards Road). (The Planning and oning Commission recommends dpproval,) 11 Adoption of an ordinance approving a change in zoning from agricultural (A) to the light: industrial (LI) classification on a tract of land containing 36,082 acres located east of Mayhill Road along the south side of Foster Road (also known as Edwards Road). 2. Adoption of an ordinance approving a specific use permit for a sanitary landfill, on a tract of land containing 36,082 acres located east of Mayhill Road along the south side of Foster Road (also known as Edwards Road). D.. Z-1598. This is the petition of Richard R. o~aCA- on requesting a change in zoning from aggricultural (A) to the planned development (PD) classification on an 11.53 acre tract located along the north side of Robinson Road beginning approximately .4 mile east of the intersection of Robinson Road and FM 1830 (Teasley Lane). If approved, the planned development (PD) would permit the following land uses: Duplexes - on 6.77 acres 4-plexes - on 1.92 acres Recreation - on .42 acre Street right-of-way 2.42 acres (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approving a change in zoning from agricultural (A) to the planned development (PD) classification on an 11.53 acre tract located along the north side of Robinson Road beginning approx- imately .4 mile east of the intersection of Robinson Road and FM 1830 (Teasley Lane). E. Z-1599. This is the petition of Millie Johnson requesting a change in zoning from two famil (2F) to the planned development (PD5 classification on a lot approximately 69' x 155' in size located at the northwest corner of Carroll Boulevard and Congress Street. if approved, the planned development (PD) would City of Denton City Council Agenda September 6, 1983 Page Four permit the construction of a 1,628 square foot office building. The property is more particularly described as lots 1 and 2, block 5, Carroll Park Addition. (The Planning and Zoning Commission makes no recommendation,) F, Z-1600 and 5-113, This is the petition of the y o Denton requesting a change in zoning from agricultural (A) to the light industrial (LI) ;lassification, and approval of a specific use permit for a sewage treatment plant, on approximately 235.96 acres beginning as of Mayhill Road and including property located and south and east of Foster Road (also called Edwards Road), (The Planning and Zoning Commission recommends approval.) 11 Adoption of an ordinance approving a change in zoning from agricultural (A) to the light industrial (LI) classification on approximately 235,96 acres beginning east of Mayhill. Road and including property located north and south and east of Foster Road (also called Edwards Road). 2. Adoption of an ordinance approving a s ecific use permit for a sewage treatment plant, on approximately 235.96 acres beginning east of Mayhill Road and including property located north and south and east o£ Foster Road (also called Edwards Road). G. This is a public hearing on the proposed 1983-84 Annual Program of Services. 4. Ordinances; A. Consider adoption of an ordinance amending the taxicab ordinance exempting limousines from the requirements of vehicle lettering and taximeters. B. Consider adoption of a franchise ordinance with Genera]. Telephone, C. Consider adoption of an ordinance increasing the hotel/motel occupancy tax. D. Consider adoption of a new minimum housing and building standards ordinance. (The Building Code t Board recommends approval.) City of Denton City Council Agenda September 6, 1983 page Five E. Consider adoption of an ordinance amending the City of Denton plumbing code. (The Plumbing and Mechanical Code board recommends approval.) S. Consider the nomination of Mr. Melvin Gouge for re- appointment to Place 6 and Mr, Michael Grandey for re-appointment to Place 8 on the board of Directors of the North Texas Higher Education Authority. 6, Official action on Executive Session itemss A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 7. New Business; This item provides a section for Council Members to suggest items for future agendas. CERTIFICATE I certify that the above notice or meeting was posted on the bulletin board at the City Full of the City of Denton, Texas, on the ,-i day of , 198~;~ at o'clock (a.m.) (p 1 7 > CITY SECRETARY 0994C AGENDA CITY OF D4NTON CITY COUNCIL September 6, 1983 Work Session of the City of Denton City council on 'ruosday , September 6, at 3:00 p.m, It, the Civil Defense Room of the Municipal Building at which the following items will be considered: 3:00 P. in, 1. Discussion of the proposed 1983-84 Annual Program of Services. Work Session of the City of Denton City Council on Tuesday, September 6, at 5.30 p.m. in tho Civil Defense Room of the Municipal Building at which tho following items will be considered: 51.30 p.m. I 1. Discussion of initiation of annexation proceedings concerning a proposed 17 acre subdivision located on Hickory Creek Road. 2. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.I.S. 13. Real Estate Under Sec. ?.(f), Art. 6252-17 V.A.'1.5. C, Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Apppointments Under Sec. 2(g), Art 6252-17 V.A.T.S, Regular Meeting of the City of Denton City Council on Tuesday, September 6, 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 Regular Meeting of August 16, 1983. 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 Ifanager or his designee to implement each item in accordance wirh the Staff recommendations. City of Denton City Council Agenda September 6, 1983 Page Two A. Bids and Purehaso Orders: 11 Bid # 9179 - Pickup 1/2 ton 2, Bid # 9181 - Dane markers 3. Bid 11 9182 - Radio equipment 4. Bid # 9183 - Relay test set 5. Purchase Order # 59014 to TRAKS Service Company In the amount of $7,258.00 B. Plats: 1. Ap proval of the Ireliminary subdivision plat of Hickory Plains Subdivision. (The Planniqg, and Zoning Commission recommends approval, . ) 2. Approval of the preliminary plat of the Ruddell Street Addition. (The Planning and Zoning; Commission recommends approval.) C. Final Payments: 1. Approval of final payment of $1,485.00 for Human Resource Needs Assessment to Ipser and Associates, Inc. 3. Public Hearings: A. This is a public hearing to consider annexation of approximately 150.5 acres of land which begins L' t: the intersection of Mayhill Road and East :IeKinney Street and extends easterly 250 feet either side of the centerline of East McKinney Street up to and including; a 104 acre tract located on the north side of East McKinney Street. (Z-1590) B. Z-1595. This is the petition of Daisy Punch requesting a change in zoning from two family (2F) to the office (0) classification at 423 West Prairie. The property is located at the southeast corner of West Prairie and Carroll Boulevard. (The Planning and Zoning Commission makes no recommendation.) C. Z-1597 and 5-171. This is the petition of the City of eston requesting; a change in zoning from agricultural (A) to the light industrial (LI) classification, and approval of a specific use permit for a sanitary landfill, on a tract of City ol: DOntron City Council Agenda September 6, 1983 Page Three land containing 36,082 acres located east. of Mayhill Raad along the south side of Foster Road (also known as Edwards Road), (Thor Planning and Zoning Commissir)n recommends approval,) l.. Adoption of an ordinance approving a change in zoning from agricultural (A) to tine light industrial (LI) classification on a tract of land containing 36.082 acres located east of Meiyhill Road along the south side of Foster Road (also known as Edwards Road). 2, Adoption of an ordinance approving a specific use permit for a sanitary landfill, on a tract or land containing 36.082 acres located east of Mayhill Road along the south side of Foster Road (also known as Edwards Road), 1). Z-1598. This is tho petition of Richard R. omZ mpton requesting a change in zoning from ab~ricultural (A) to the planned development (PD) classification on an 11.53 acre tract located along the north side of Robinson Road beginnin approximately .4 mile east of the intersection of Robinson Road and FM 1830 ('Teasley Lane), If approved, the planned development (PD) would permit the following land uses, Duplexes - on 6.77 acres 4-plexes - oil 1,92 acres Recreation - on .42 acre Street right--of-way - 2.42 acres (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approving a change in zonin from agricultural (A) to the planned ~e.valopment (PD) classification on an 11.53 acre tract located along the north side of Robinson Road beginning approx- imately .4 mile Last of the intersection of Robinson Road and FM 1830 ('Teasley Lane). L. Z-1599. This is the petition of Millie Johnson requesting a change in zoning front two family (2F) to the planned development (PD classification on a lot approximately 69' x 155' in size located at the northwest'. co ner o£ Carroll Boulevard and Congress Street, i€ approved, the planned development (PD) would City of Denton City Council Agenda September 6, 1983 Page Four permit the construction of a 1,628 square foot office building. The pro ert mre particularly described as lots p acid 21 iblook o5, Carroll Park Addition. (The Planning and Zoning Commission makes no recommendation,) F. Z-160 U and 8-173. This is the petition of the agricultural en~Eon requesting a chang;o in zoning from (A) to the light industrial (LI) classification, and approval of a specific use permit for a sewage treatment PI lilt, on approximately 235,96 acres beginning; cast of Mayhill Road and including property located north and south and east of Foster Road (also called Edwards Road), (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approving a change in zoning from agricultural (A? to the light industrial (LI) classification on approximately 235.96 acres beginning east of Mayhill Road and including property located north and south and east of Foster Road (also called Edwards Road). 2. Adoption of an ordinance approving a specific use permit for a sewage treatment plant, on approximately 235.06 acres; beginning east of Mayhill Road and including property located north and south and east of Foster Road (also called Edwards Road). G, This is a public hearing on the proposed 1983-84 Annual Program of Services. 4. Ordinances: A. Consider adoption of an ordinance amending the taxicab ordinance; exempting; limousines from the requirements of vehicle lettering and taximeters. B. Consider adoption of a franchise ordinance with General Telephone. C. Consider adoption of an ordinance increasing the hotel/motel occupancy tax. D. Consider adoption of a new minimum housing; and building standards ordinance. (The Building Code hoard recommends approval.) r City of Denton City Council Agenda Septembor 6, 1983 Page Five E, Consider adoption of an ordinance amending the City of Denton plumbing code. (The Plumbing and Mechanical Code Board recommends approval.) 5. Consider the nomination of Mr. Melvin Gouge for re- appointmetit to Place 6 and MI . Michael Grandey for re-appointment Texast Higher place Edu8 on t Board of catioo AuthorityDirectors of the N 6, Official action on Executive Session items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 7. New Business; for Council Members to This item itemso~ore future section agendss. UKTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, 198 at Oil the day of o1clock (a.m.) (p.m.) CITY SECRETARY 0994C r MEMORANDUM Date; August 29, 1983 To., G. Chris Hartung, City Manager From; Charles Watkins, Senior Planner Re; Discuss initiation of annexation proceedings concerning proposed 17 acre subdivision located on Hickory Creek Road. This tract is approximately 17.5 acres in size and is located on the south side of Hickory Creek Road in the extra territorial jurisdiction (ETJ). roposed land use is single family residential on 32 lots The whic average approximately 18,000 square feet. The residential dwellings will probably be some type of manufactured housing. The developer intends to serve the subdivision with well water, and septic systems will be used for sewage disposal. The internal streets will be constructed to county standards and the developer has agreed to dedicate a minimum of 50 feet of right-of-way from the center line of Hickory Creek Road. The Planning staff has previously indicated misgivings regarding annexation in this area due to cost of service considerations. In this rase the Utility Department would like this property annexed because of waste water disposal concerns. CW:lc I .Gal -7L?rl T1 Art "1-r 4 H , / 1 tt,r ~2 tl }I 10r /y ~I Gor'/~ ~ ~~r ° 4 C OY 7 n 0 or / e gor 19 u I ° 1 °cI~ 4 "vim ° i o °i /y 10 /1 ~ 1'' a leY S `Y r = 1sYjC 14 I` ~ 44 set I r I 0 i ~ If 4 I' i ° Lnr se e 8 ~nrzc ,r ~ 1• „ loi d 5 1 ♦ ~ I S 'tl.' 1 X i / ~ a a lorYl ~ ~I ~ /ior 7r r rt tt t I t )r 0 ° ° C 4° ~ergJ d6 Lnr't7 l,or// c ~ n t0r~ u L eM e ° or~c t ~otz9 1or:o I l°ry ap ; as .z ~I fL1Q'r j i ot e yfi t !er?s ,t°; r'l dor9 Serd o 1 _ h N• St' 10" w >f 771.20' /1114 00 /uo~rl FYI°~~ X l 111\l ~O~y\1V 1 I, \1 VICIHIty MAP 401 To lG&Lt CITY Or' DEN'l'ON MEMORANDUM TO; Mayor and Members of the Gity Council FROM., Charlotte Allen, City Secretary DAZE; 9optembor 1, 1983 SUBJECT; Board Appointment As you are aware, Charles Cryan has resigned from the Public Utility Board. The Council may want to consider a replacement for Mr. Gryan during the executive session on September 6. Tile board and Commission Books have been revised and returned to you. if you have any questions, please let me know. 't'hank you. I I Mar of ,e 90111 Ca 09980 w~ ! CITY OF DENTON MiEMOhANDUM TO: Mayor and Members of the City Council FROM, Charlotte Allen, City Secretary DATE: September 1, 19$3 SUBJECT: Back-up Materials for Agenda Item #1 Due to a problem we experienced with the word processing system, the Minutes of the Au,4ust 16 meeting were not ready to be copied with the agenda packet, These Minutes will be delivered to you prior to the Council meeting on September 't'hank you. C tar Otte en ca 10020 COU,NCII, 1II41J'PEs August 16, 1983 Tire Council cunvened Into a joint meeting with the Public Utility Board to re eelvo a report trom ollbort Associates on the t>SJ Electric Rate study, CUUNCIb PRESEN'li Mayor un SNtembo r l f ord , Berto Co , s Al Pro n,a Dhow, lie pk s e ounc cil and Stephens city +lanagor, City Attorhey, and City secretary CUUNGIL ABSEN I I Nolle P,U.o, PRhSENT: lid l.4ome5 and aiarrvt» Love Ies5~ P.U.8. ABshNrr ueonard lie rring, Jr. an,i Roland Laney air, Al Hermann of riilbort Associates, presented a report on the various rate class rat tos which had been dot ormined. by the electric rate study, air, hermaan expIainod chu various designations of classes and the cnanges to the ratios, the detailed data .as presented to tine Council in a w"itten report from Gilbert Associites, Council Member Chew questioned why the class G1 lschooIs) ratio did not change, ,ir, Hermann responded that this was one area which the Iic Utility Board did not feel was necessary to change as the re ier,ue dial cover debt service; however, this class rat to was lower than the system average and ire would recommend ail increase In the fu:sre, Hermann also stated that It would out be appropriate to change too much in one rate c',ass, Cuuncil Member Chew que5tiuued a large increase to the primaries. Mr. Hermann responded that the ratio currently was d and the: the primaries were producing revenu,W~, covered their cost and acre. 'Clio figures for 198J•84 were b,,5~,u un tire budget. A 6 mil incrraso had been added to cover the ueI io ustment clause, The t:tal revenues resulting from the o n,rl incre aso would pr:auct approximately $533 dollars, The debt service ratio was up t: 3,8 based on the new rates, air. Hermann stated that this was a forr;ast only, Sir, expected also i reported change thatrthe llresidential iclasrsiawas 1985. below other classes. Specific actions regarding the b::ling determinates had been recomn,endod wltn specific steps fur ',ture rate increases outlined. Nr, Hermann stated that a cost of sa:,ice model had been installed on the IBM computer which would affar: .he capability of comparing future rates. Charles Cryan, UtIIIty Department staff, gave a summary ai the schedulo of tariffs comparing the proposed rates and the ex.stin winter and summer rates of the City of Denton, Texas Powaril Light, and the Uenton County Electric co-Operative, Sir. :ryas stated that the rates would flex from month to month, Even %ough the staff was recommending that the rates be increased, tlie rs were still some inequities. This could nut be changed drama( ical:• but could be set in the right direction. rho large commercial ,..asses should be kept constant in relation to each other. Sir. I+an suggested that the R-i class customers might have other su^s:dies available other than through the utility bills. Aai r. Art Haas, Chairperson of the Flectric Rat: >tudy Committee, was also pres,int City of Uentun CttY Councll allnutes Meeting of August le, 190 Page Two council Member Rlddlesper er staled t111%t a great dual would oe determined by TMPA in the future. air. Hermann stated that when the impart of the TMPA billing ehanre was Colt, Donton must be ready, Connell Member dop klns askod Mr, 11 n how morel Iton btoitotthe philosophy of how Dentou was treating ather cities, Mr, Hermann respondod that Denton was not out of line although the rates were somewhat higher on some commercial clasvos, Mr. He resnn stated that he thought Denton was U\, Council Momber Hopkins stated that ail he had road lately stated that utilities should keep rates constant, The Clty needed to be competitive for Industries, but did have a social rosponslbiiity to residential consumers, Mayur Stewart askod if future TM Pk costs were considered ut ,:alculating the rates, Bob No I examined sothe way s DIPA wus chalrlgiing now ande1dtriied}e to anticipate ttic 1984 rate, Council Momber Rlddlesperger asked what percentage of power 'could the Clt>• of Denton receive from the nueloar plant, Mr, Melson responded about 10 percent, Gouncil Member Hopkins stated that he would like to see the :tty structure 10 to 15 accounts under now categories, Mr. Hermann briefly dAcribud the rate structure for the rel:;.oit s wors,Ip category, The Council convened in to the hxecutivo Session to discuss regal matters, real estate, personnel, and board appointments, \u official action was taken, Tito Councll then couvenud into the regular meeting at 7;00 p.a. in the Council Chambers, PRESENT: :Mayor Stewart, Mayor Pro Tem RiddIeiper\er, Councll Nlo at bers Alford, Barton, Chow, Ho.stns, and Stephens City Manager, City Attorney, and City Secretr:N ABSENT: ;lone 1, The Council considered approval of the Minutes o: the regular me°ting of August 2, 1983, Hopkins ti on, Stephens second to approve the Miuutre as presenteu. Motion carried unanimously, The Council constdored approval of the consent agenda. Riddiesperger notion, Alford second to approve the consent agenda, Motion carried unanimously, Consent Agenda: A, Bids and Purchase Orders; 1, Bid 49174 - Refuse bags Purchase Order 459253 to Cummins Supply :n the amount of $5,312,37 City of Uonton Cityy Council Minutes Ntoeting of Autiust 16, 1983 Pago Throo 8, Plats an'l Roplatsi 1. Approval of the (trial plat of Gideon Waic Addition, (rho Planning and Zoning Comm Iss:jn rocomlaends approval,) d, Approval. of the final plat of Nlissourt-Yac" I'. Railroad Addition, (Tito Planning and Zunin6 Commission recommends approval,) 3, rho Nluyor presented a retirement plaque to George Prltt the City of Denton hlectric Production Ulvtsion. 4, Mr, Edward Cook appeared before the Counc II regarding amending the taxi ordinance, Mr, Cook handed out materials and stated that his purpose In cooing before the council was to ask that certain portions of the taxi:ab ordinance be amondod to accommodate limousine services, Mr, Cook stated that his ob)octtons were to the portions of the existing ordinance which specified that the owner's name and telephone nuaber be affixod to the side and rear of the vehicle and that a taximeter be installed, Mr, Cook did not feel that those provisions vere appropriate for a limousine, Moyor Stn;art stated that a limousine was riot a ta\~ -ab and sr•>>.,li roquire a separate limousine ordinance, City Attorney Taylor stated that an exclusion or ddVrl,iMent to the existing taxicab ordinance was needed but not a sopar.ite limousine ordinunco, This amendment could be prepared for Council action at too September 6 meeting, Riddlesperger motion, Stophens second to direct the City Attorney to prepare late ordinance amondraent Motion carried unanimously, 5. Public hearings A. 'file Council considered the petition of NoaI J. rinnorollo requesting a change in coning from agricultural A' to the general retail (GR) classllication on a one acre tract located along the north side of Shady Shores Drive beginning approximately IDO yards oast of tno intersection of Shady Shores and the 1.35 servico road, (Z-1592) l'he Mal'or upenod the public hearing, Mr, John Tinnorollo spoke in favor of the pot Ittell stating that the tract was located )ust at the Shady Shores exit, M,. 1'innereIIo's brother, the petitioner, had operated a restaurant in Lake Dal~'as until he lost Die lease, Since +aany of the restaurant patrons %ere from Denton, Mr, Tinnerelto wanted to move to this area which was closer to Denton, Mr, rinnereIlo also stated that this business would mean additional sales tax monies to the City, The on 1y problems had been with the utilities. Tho restaurant would seat approximately 75 poop le and be open Tuesday through Saturday. No one Spoke in opposition, The %iayor closed the public hearing, David ullison, Development Review Planner, reported that o rrpiy forms nad been mailed with 1 returned in favor and 0 1n opposition, N is area is located outside of the Denton Development vuide planning area, %la)or street access it in place ana water and sewer service will be available through line extensions. The Planning and Zoning Commission voted 4 to I in favor of the petition. City of Uenton Gltyy Council Minutes Meet ilia of August 16, 1983 page Four 1, The CculleiI considered ait uptioit of alt ordinance approving a change ill tonilti, troro agrtcwttilrnl kA) to the general retail (uK) classification on a one acre tract located along the north side of Shady Shores Drive beginning approxtmatoly 100 yards east of the intersection of shady Shores and the I.3S service road, The following ordinance was, presontedi NO, 83187 AN ORDINANCE AMENDINC THE ZONING MAP 01, THE CITY OF DENTON I'liXASI AS SAME WAS ADOPTED AS AN APPENDIX TO 'CITE CODE ORDI- NANCES Oil THE CITY OF DENTON, ' upv), BY ORDINANCE SO, ei)•1, AND AS SAID MAP APPLIES TO APPROXIMATELY 1.0 ACRE OF LAND OUT OF TIIE U IDEON WALKER SURVEY) ABSTRACT NO, Mill Dl;llTuw cOUN'fY, TIIXAS; AND MORE PAR'T'ICULARLY DESCRi Wl IM0IN; AND DECLARING AN BFFECTIYE DA'Z'E, SLQ hons motion, Ilopkiits second to adopt the ordinance, On roll call vole ha rtoil "a), 0,1 Ilopki 115 ",Nye", Stephens "aye", At fold "aye", Kidd Iesporger "aye", Cnei! "aye", and Mayor "aye", Motion carried uhanImousIyI h. Tilt? council considered the petition of Morelle Miller ruquesting approval of a speelfic use permit In a single fa atly (SF•I) zoning district, 'ilia property is located at 7oJ Audra .ane and begins along the east side of Audra Lano approximately 110 fret south of Paisley Drivo, If approved, the spec it it: use parfjit vouId allow the operation of a day cafe cantor for thirty-four Jsl children in a single IaaIly (SF'-7) zont rig district, LS•112) The Mayor opened the public hearing, Ms. Morelie Miller, the petitioner, spoke In favor stating t.nat one of her clients aantod to open the day care center. The prupert~ had been inspected by the state and the Fire Do par tnentI Ms. Miller stated that the property would be leased to Ms, Rosemary Brown who would oporato the day care center, Ms. Rosemary Brown spoke in tavor of the petition stating that tacre was a need fur this type, of service in Denton, Mr. Uavld Smith, adjacljnt property owner, spoke tit opposition to the petition stating that 'tho traffic was already a problem and the day care center would worsen the situation, Mr. Smith also stated that loo believed the children would create a noise nuisance, No one else spoke iit oppositaon, In rebuttal to the opposition, Sts, \toreIIe Duller stated that a noise problem should not ex.st as all of the children would not be outside at the same time, In response to Ute trafElc Is3ut. M,i, Sillier stated that two enU,ances oxisted for the property and an additional entrance could be added. The Mayor closed the public nearing. Da l'iLi Ell.lsoil , llevelopment Review Planner, reported that 12 reply forms lied been mailed with 1 returned in favor and 2 in opposition, At rhip present %ime, Ms. Brown had state permission to operate a registered family home, not a day care center, to order to expand, Ms, Brown would need to move to the new facility and ut,tain a specific use permit. Ellison also reported that ample parkin3 space was available on the west side of the structure and thFt adequate space was available at :lie site for recreational facilities. I)en51ty in this area would not be a problem and the staff Sid not feel that traffic would be a problem. The Planning and 'oil ing GoaimIssioil felt that tit II was an exceptional request a,1it Bud recommended approval by a vote of 5 to 0 with 5 conditions. City of Denton city council Minutes Mooting of August 16, 1985 Page Five Council Member Hopkins asked If access to the fac a Ity would be available from the stroot which extended to the north of the parking area, LI41son rospondod that no access should be provided frum that ).ocatton, Thane should be one way in and out using Audra Lane. 1. The Council considered adoption of an ordinance approving a specific use permit for a day care center at 704 AuJri Lane, The tollowing ordinance was presented: NO, 83.88 AN ORDINANCE tRANTING A SPECIFIC USE PERMIT AND AMENDING THE BONING MAP OF THE CITY OF DENTON, 'TEXAS, AS SAME AAS AU01"TED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY 07 nLNTON, 'TEXAS, BY ORUNANCh NO. 69.1, AND A:i ''AID MAP APPLIES TO 704 AUDRA LANH IN THE CITY AND COUNTY •"F DENTON, TEXASi AND DECLARING AN EFFECTIVE DATE. Cnew motion, Barton second to ad opt the ordinance. On roll :a.1 vote Barton "aye", Hopkins „ayon, Stephens "aye", Alford "a a", Rlddiesperger "aye", Chew "aye", and slayer "aye", Motion carried unanimously, 6. Ordinances A. Tice Council considered arop tIoil of an ordinance approving a specific use permit for a mobile home par on and the acre tract of land in the E. Morris Survey, Abstract 968, Mary L. Austin Survey, Abstract .I, Denton County, Texas, and being generally described as located north of Spencer Road and west of iooJrow lane, 'rho property is presently zoned light Industrial (LI). (S•170) This petition was approved at a previous Council meeting. The following ordinance was presonted: NO, 83.89 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE tUNI,VG MAP OF THE CITY OF UENTON, TEXAS, AS SAM:. WAS ADOPTED AS AN APPENDIX TO THE Collin OF ORDINANCES OF THE CITY OF LIENTON, TEXAS, BY OkDNANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 46.40 ACkIiS OF LAND tN T14F CITY AND COUNTY OF DMiNTON, TEXAS AND DECLARING AN EFFECTIVE DATE. Hopkins motion, klddlesparger second to adopt. the ordinance, On roll call vote Barter. "aye,,, Hopkins "aye", Stephens "aye", k1ford "aye", Riddlesperger „aye", Chew "ayes,, and Mayor "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance annuxing a 191.13 acre tract of land located along the south stile of Jim Lhristal Road and west of the existing city limit, t3-1513' Mr. George Hopkins, attorney for ad)acent property owners, stated that his clients wished to have the potion of tite parcel west of 4ickol'y '.POCK deleted from the annexation. Mr. Hopkins also stated that he believed that the creek would make a natural city :unit boundary. Gouncil Member Stephens asked how the area west of the creek xould be developed. Mr. Hopkins replied that the area was to be developed in > :c- 10 acre tracts r.~rr City of Denton City COUHcII Minutes moo tang of Auttiust 16, 1981 page $ix Council +lomber Chew asked if that was tho only development in this area. Mr, nopkins stated yes, Charlie Watkina, senior planner, raporml that afto r the public hearings the Clty Council had instructed r, lie staff to obtatn a reeollMoudatIoil from the Airport Advisory hoard due to the proxIaity of this area to the municipal airport, The Airport Advtsory board had recommended deleting the portion of rho tract west of hickory Crook. Council Momber Stephens asked what could cause the staff to bring this Issue back to the Council. Watkins rospoaded that any deviation from the plan for development which had soon for that area west of the creek would cause the staff to consider further annexation proceedings, T'he following ordinance was presented NO, 83.90 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF BENTON, TEAS; BEING ALI, THAT ;,UT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATFLY :9.0 Ak;RES OF LAND LYING AND BEING SITUATED 14N THE COUNTY OF DENTON, STATE, OF TEAS AND BEING PART ON THE W. DAMS SURVEY AB6TRACT NU, 377, AND G. MEYERS SURVEY' ABSTRACT NO, 3~3, DENTON COUNTY, TEXAS! CLASSIFYING THL: SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARIN„ AN EFFECTIVE DATE, Hopkins motion, Riddlosperger sr,cond to adopt the ordinance deleting from the annexation proceedings that portion west of Hickory Creek, oil roll call vote Barton "ayo", Hopkins "aye", Stophnns "a,ve Alford "aye", Riddiesperger "ayeChew "nay", and Mayor "ave Motion carried by a vote of 0 to 1, C. The Council cons.1 do red adoption of a franchise ordinance with General 'Telephone Company I)f the Southwost, City Managor Hartung stated that Ms, Joann Dean of G'TE had asked to be present whon this item was IItTesented to the Council, Ms, Dean was 111 and had r a q u e s t o d t1,at this ordinanco be tabled and presentod at the September 0 meeting, Chev motion, Barton second to table the ordinance, Motion carried unanimously, 7, Resolutions A. The Council considered approval of a resolution applying for selection to participate in the 1984 "Main Street" program and funding a "plain Street" protect e,.major. N%. Denise Spivev, Planning Technician, reported that the criteria for application for the prograio had been met, The project nanager wouid administer the program which would run Ear 3 years. These are currently 15 cities in the program, The following resolution was presented: K E S 0 L_U 'T I O N WhERSAS, the Texas ha in Street Center of the Texas Historical Commission has been created to assist small c-.ies to City of Denton city Council Minutes Meeting of August 16, 1963 Page Seven develop a public private effort to revitalize thoir "Mails Street" areas, and five Texas cities will be selected to participate in the project in 19041 now, therefore, Bli IT R4SOLV60 BY 'IHH CITY COUNCIL UP TIIB CITY OF DENTON, TEXAS THAT: S-CT1ON, ly The City of Vonton, Texas apply for selection to participate In the 1984 "Main Street" program with the specific foal of ravitall:ing the central business district within the context of the preservation and rehabilitation of its historic buildings, uitT ON '11 L That the City of Uonlun will fund and employ a Main Street Project !tanager and provide the manager with travel funding for training. ~ SliCTION 1.1.1 That the Clty Manay.er be dos Igno ted to coo rd Inate the program activities, PASSED AND APPROVED this the loth day of August, 1933, ART, MAYOR CITY OF DENTON, TEXAS ATTEST G 1n t u~1Ti-"AI, t. a CITY OF UENT'ON, TEXAS APPKOVHD AS CU LHGAL FORM: C. J. TAYLOR, JR „ CITY ATTORNEY CITY Ob DENTON, TEXAS BY: _ Sluphalls motion, Chew second that cite resolution be massed. On roll call vote Barton aye Hopkins aye , Stephens aye , Alford "aye , Riddlesporger "aye", Chew "aye", and Mayor "aye", Motion carried unanimously, B. Me Council considered approval of a resolution authorizing application for slate administered Community Dove1.spnent Block Grant (CDBG) program, Charlie Watkins, Senior Planner, reporlo..l that this was the first year that the state had administered tile program. The following resolution was presented: L .E SS 0 L U T 1 0_`f WHEREAS, the City of Denton, Texas, has idell ttfieu community development needs; and WHEREAS, the Texas Depar%mcn o: Community tffairs administers tho 'texas Community Deveiopment Program to assist community' development activities in LaO State of texas: NOh', ill HR LFOR I-,, 11 1: II KESOLVED BY THE. CITY COIINfiL OF Trill 0111' QF DENT UN, TEXAS: city of Denton City Council sllnutes Meettng of August lo, 1985 Page Night C'I LON ly That the City of Dorton, Texas hereby applies for a Texas Community Development Program Grant under the terms and conditions of the program administered by the State of Texas and upon approval shall entst' into and agroo to the understandings and assurances contained In the applicatlon and grant. PASSED AND APPROVED this the loth day of August, 1983, KT1 W U',"MAYiJTt CITY OF DENTON, TEXAS ATTEST; C'iTARLOTTE CGLEQ'7'CTT'Y-S~ln' CITY OF DENTON, TEXAS APPROVED AS TO LEGAI. NORM; C. J. TAYLOR, JR., CITY ATTORNEY CITY Ok UENTON, TEXAS BYi _ Riddlespergor motion, Chow second that the resolution be passed. On roll call vote Barton "aye", Ilopkins "aye", Stephens "aye", Alford nave", Rlddlosperger "aye", Chew "aye", and 'tayor ''aye". %totton carried unanimously, 8. The Council considered approva, of the State Department of rlighways and Public Transportation's proposal prohibiting two-way ,)poratlon of traffic upon the frontage roads of 1H-35 from U. S. 77 north to the City limps. Mr. Dwight Byrd, resident engineer for the State Department of Highways and Public rransportatlon, reported that the state was in r. lie process of completing rehabilitation of Iil•3S. Part of the scope of this work Included the entrance and exit ramps. The design of ramps for twe•way frontage roans differed from one-way. The ramps for two-way frontage roads ruqquIred more right-of-way and funds wore not avai1ablo to purcliaso tiro Add ltional right -of -way at this time. The only safe ramps which could be built would be for ono-way frontage roads. The Highway Department would have to have titre frontage road design completed before the rehabilitation could begin. The two-way service roads (rum U,S. 380 to U.S. 77 were not being considered at the present time, Council Member kiddlosperger asked if all of the frontage roads north of Denton were one-way, Mr, Byrd replied that riot all frontage roads were one-way aw; but would be toward the and of the project. ;ouncil Member Riddlesperger asked if Die Highway Department would delay the rehabilitation project until the frontage road issue was resolved. Mr. Byrd responded thar. was his understanding, CounCII Member Stephens asked if other cities in the County had passed ordinances to make, the frontage roads one-way. Mr, Bryd responded that everyone but the City of Denton had passed the ordinances. t:ouncil Member Hopkins asked what was the time frame for the pro)ect. err. Bryd replied that the plans for the renovation would be completed and under contract In 1984 and the project would take 4 to 5 years to complote. city of Denton city coghoil Xtrilltes Moetlny of August lb, 1903 Page N1ne nut Fool Otilawt lalni' datadha~l beenrpresentiedltruga;Aingtsafetyhiacturrt c %Ir, J, U, Smallwood, resident of Greenwood l;states, stated than ne aid not the frontage understand road$ wort) two-waynmeupopolteldhadtanunlntarest InctI..s area and the Council had approved development alon$ the so r+:ce roads, hat, Smallwood stated that the Council had a rosponsibll.ty to the citizens along theso frontage roads and that he would lt'ki to see a variety of service road designs, Mfr. Bryd responded that there were an abundance of ramp designs rut onflaeoring standards change and it had been 30 years sincr he existing ramps were built, I;ouneil Mombor ilopkins asked when the extension to Loop :8b wain: ce completed, Mr, bryd roplied that the conttact for tho first section wouit be tot in 1984 and the contract for the second sect Ioit from sitaraen Drive to 111.55 would be let In 1985, Council Member Riddlesperger asked if the ordinance dosignatini the frontago roads as one - way would have to go into of foct until s:ter the repairs were completed, Mr, bryd responded that they could bocome effective during the '.;ter part of the contract, Council Xeiaber Kiddlesperger asked if the Council did riot commt: to making the frontage roads one-way, did Mr, bryd know wlran the repairs would be dono ?ir, Bryd replied that he did not know, y, The Council considered approval of setting Septemh-:: s, 1985 and September 20, 1983 at 7;00 p,m, In the Council Chambi:s of the Municipal Building as dates, times, end place for the .:,criic hearings concerning the petition of Ssaith Brothers Ropin; f:r oline xatloil. (2.1559) Charlto Watkins, Senior :Tanner, reported that this was a volt,t:ary annexation, .ouncll Meaber Chow asked If all of the Smith Brothers i:;:ng company property was to be annexed or only a portion, Watkins responded that only a portion would be annexed, Council 'dembet Chow asked if the main building was in the anuext-.;on, Watkins responded that it was not; only tlic roping areal was requested, Counr,iI Ste in ber Chew sta1:ed that he would like to annex all :he area, 00 Stephens notion, Chew second to approve Sep tomber o al Lion 1: led in the Council Chambers fur the public hearings, unanimously. 10, The Council considered approval of the final rep la t ots 1 and 2, block 1, T, N, Skiles Addition, Da vId Ellison, Development Review Planner, reported that tht> as a 165 x 190 foot lot and the intent was to estblish two sopart nome lots, All utilities were In place but the petitioners %ere requesting a waiver for $5,000 of improvements to Sunset Urtvi The Planning and 40ning Commission had recommended to wa;ri the Imp rovensenIs to Sunset. City of Denton City Council Minutes Heating of August 16, 1983 Page Ton Barton mot ton, llopklns second to approve the roplat with the condttlons established by the Planning and Zoning Cowmisston, Motion carried unanimously. rho council considered approval of a maintenance contract wio rns for the INS Payroll/Porsonnol System for the period July 1, 1485 to June So, 1984 in the amount of $11,850,00, y Irs t in year Director t h I sorconf t rae t Data had ccomeilg before the that il is The t he f maintenance had been included in the contract last year. Council stember riopkins asked if this was something the staff could do in-house, Collins replied that this contract was for updates In the computer software, liopkins 'Lotion, Stephuns second to approve 0 contract, !lotion carried unanimously, It. The Council considered a rquest from Mr, Ben Pinnelt and Mr, John it, King roe sanitary sewor service outside of the City limits. Bob NoIson, Director of Utilities, reported that this Item had been tabled by the City CotncII oil Au ust 1. The area was in Denton County and in the victalty of Hickory Creek, 'Cho residents of Illckory Creek obJacted because they felt the proposed development housing would be below standard. The developers have petitioned the Texas Department of Is 'at or Resources for pormission to Install a sewer package plant, Council Member Hopkins stated that whether or not the City of Denton approved the sewer lino, it would not stop the subdivision, I'he Mayor Pro Tom of Illckory Creek responded that the area was outside of the City of Denton service area, C6nnctl Mearber Riddlespt)ryor stated that Denton could not :on( the property. 'rho Mayor Pro Tom of Hickory Crook stated that the developers could not subdivided to Illckory Creek's extra-territorial jurisdiction and that Hickory Creek was trying to stop tilt) development, Shirley Spellorberg, Mayor of Corinth, stated that she had re:elved a letter from Denton and Ili ckory Creek and would work with Denton to keep effluent out of Lake Lewisville, Council Member Stephens asked if the developers were allowed to tie into the Denton systems would that put Denton in the position of furnishing sewerage for everything between Denton and Lake Lewisville. Nelson responded yes, but a package plant would be loss accdptahia. Riddlesperger motion, Chew second to take the sewerage Into the City of Denton system or, if the package plant was approved, to hare City of Denton utility staff operate the plant, Motion carried unanimously, 1,, The Council considered the request by the City of A rinth to waive water contract provisions, Bob Nelson, ulrector of Utilities, reported that this item had been tanled at tite Auy;ust 2 council meeting, The City of Corinth was wanting the City )f Denton to waive certain provisions of ne water contract between the two cities, I'he laity of Corinth would install a 14 Inch water line and the City of Uentou would waive the City of Denton City Council Minutes Meotlng of August 10, k981 page kileven royision calling for storage faelilties until +lay of 1980 to Stve lorinth time to secure financing for a system of their own, Denton thIsdtImo,talKl.ittonlparainetorstwouldtbewostablIshedlfor CorIitthdurtng Shirley 5pellerberg, Mayor of Corinth, stated thut a 1500 some dovelopmeat was planned for Corinth which effectively would dawble tIt etr present population. Due to pro pata disyutes, the dovelo,ers might not proceed the financing for a Corinth water system contlnuod to be a problem, Bob Hogan, presidunt of hogan and Razor, stated that his firs had been contracted for engineering services to the Clty of Corinth. Corintn has a population of 1500 to 1700 people and had not ovorlooked the provisions of tine water contract with Denton, Financing would be sought through thu Toxas Department of Hitter Resources. rho city would f i rst be Installing round sodmosaomrie and then ovorhoad storage but the financing would Hogan stated that bonds would have to be sold, Hopkins mot Ion, Barton second to recommend a 1000 gallon per atnute flow rostrictur on the line and waive the conditions until MAI 1, 1980 If the 14 inch water line was Installed. Council Member Stephens asked if the Council was re,uired by chartor to receive a recommendation from the public Utility Board, Counc11 Member Riddlesperger stated that the Council should dare a consensus to Corinth to proceed or not, Riddlesporgev motion, Barton second to call the question. Mot n to call the question passed unanimously. !lotion to recommend a 1000 gallon per minute Flow restrictor on the line and waive the conditions until May 1, 1980 if the 14 inch water line was installed carried by a vote of 5 to 2 with Council Members Stephens and Chew casting Lite nay votes. 14, The Council considered approval of the 1983 City of fienton cortified tax roll, City Manager Hartung reported that the tax roll had boon avatlAble for review during the previous week, Alford motion, Chew second to approve the 1981 City of :'enton certified lax roll, Notion carried unanimously. 15 Apri I and T June City il of considered Denton r supplemental tax roll, darloil motion, Hopkins second to approve Cite adjustment, notion carried 5 to 2 With Councll Membor Staphons and Mayor Stewart casting the nay votes. lo, 'There was no official action on Executive Session item. 17. No new items of business were suggested. The Council then convened into tno hxocutive Session to :$cuss legal matters, real estate, personnel and beard appointment!. No official action was taken. Wtth no further items of business to consider, the meets,:.: was adjourned. `T f CNrl7F IT"i5`STEIiAkT,~LAYf~R'____.. ti1RLU'fTl AI.Lti, , CiTI' SBCRBTARY 7U+llC CITY COUNCIL AOENDA BACK-UP SUMMARY SHEET I DATE OF MEETINGi September 6, 1983 COUNCIL, AGENDA ITEM a Consent agenda SUBJECTi Bid # 9179 - 11 Ton Pickup SUMMARYi This bid is for the purchase of a 1 ton pickup track to be assigned to the Engineering Division, This up-it is an addition to the motor pool fleet. ACTION REQUIRED: Approval by Council. SOURCE OF FUNDSi Funds for the purchase of this truck will be transfered from 100-002-0010-8502, Engineering Division Special Services to account number 100-002-0010-9104, E ; ineering Division Vehicles and Equipment, RECOMMENDATIONi We recommend this bid be awarded to the. lowest b,.ider, Al McNatt Chevrolet in the amount of $8,032,00, ielivery from stock, EXHIBITt TaWlatio et. SUBMITTED BYi Tom D, Shaw, C,P,M, Assistant Purchasing Agent TDStlc BID 9`tTLV 1983 is br Pickup _ I it OeENHO-Aijgtlfl~ 23, 1983 Bill Utter Al McNatt I'o?:d, Itiic, Chevrolet ACCOUNT 000-002-0010-8502 i U -LTZ 1 I)ESCRIPTI O E DO _ VENDOR YRNpOR .-YKURQB VB W „ VF. R l 1 Ton Pickup $89678,00 $8,032,00 Delivery Stock Stocky- - E ~i Color Bright Blege Blue ii i i tL ii i I , CITY COUNCIL. AGENDA BACK-UP SUMMARY SHEET DATE OF DIEETING: September 69 1983 COUNCIL, AGENDA ITEM lJ Consent Agenda 0178JECTi Bid 11 9181 Lane Markers SUMMARY: This bid t3 for the purchase of lane markers to be installed ')y the Traffic Control Division on city streets. ACTION REQUIREDi Approval by council, SOURCE OF FUNDS: Account number 432-002-0010-9105, for $6,034,00 and account number 100-002-0012-8302, for $825,00, RECOMMENDATION: We recommend this bid be awarded to the lowest bidder of Saf-T-Mark Supply in the amount of $6,862.00, FOB Denton, delivery in L5 days, EXHIBITS: Tabp~pt4pn A~ae SUBMITTED BY: 5 ' 1~1y✓ Tom D. Shaw, C.P.M. Assistant Purchasing Agent TDSilc 1~ 011) N 9181 SID TITLE Lune Markers OPENED Auguut 23, 1983 Roadrunner Ferro Saf. -T-Mark ACCOUNT N i QTY ITEM DESCRIPTION` F p4 _.t0!?QJL_. YKHO-R U no yENUOR VENDOR_,__ 1, 21ti 3L~"{;rot~ii-4" cSl malkor~refl.ect 2,28/ea $2.32/ua. $2.05/ea. ~T 2, " crown-4" lane marker 460/ea, .59/ea, .44/ea, 6 AC>!1061 Epoxy (10 gal. Unite) $194.50 $274.00 $189.50 4. 100 P-18 plain crown 9,95/ea. $8.69/oa. $8.25/ea. CITY COUNCIL AGENDA BACK-Up SUKJARY SHEET DATE 0? MEETINGt September 61 1983 COUNCIL AGENDA ITEM # Consent Agenda SUBJECTi Bid 0 9L82 Radio Equipment SUMMARY. This bid is for the purchase of several different pieces of radio and paging equipment for the city Utility Department. This equipment is to broaden and update _ur present equipment, This bid was sent to several suppliers and manufacturers, We received bids from two vendors with one bidding an alternate, The delivery is 60 to 940 days after receipt of order, ACTION REQUIRM Approval by council. SOURCE OF FUNDSt Budget account number 610-008-0252-9235, 6LO-008•-0,'53-9227, and. 610-008-0252-9227, all in the Utility department. RECOMMENDATION-. We recommend this bid be awarded to the low bidder meeting, specification, Motorola Communications and Electronics, for a total purchase of $7,345,50, EXHIBITS-. 7nJSUBMITTED BYt Marshall, C,P,M, Purchasing Agent MM: le lip # 9182 Kip TITLE Radio Eiqu:lpmeat I OYKNep August 25, 1!383 Motorola Kustom Ktistom µ - Electronics Electronics ~f ALTERNATE I; ACCOUNT # r _ ~1M § it o~_ Vowks VENDOR gmpoB ~ YFNDOR MpQg_ VENbOR _ l l Control (ansolo $2,710.00 $3043,00 $4o287.00 2. l Paging Dacodur $771,00 $360,00 ` $360,00 3. 1 2-Way mobil unit $1,190.00 N/8 N ti r 4. 6 Receiver $445,75 N/B N/B Delivery 60 days 60--90 days 60-90 days FOB Denl:on Denton Denton CITY COUNCIL AGENDA BACK-UP SUMMARY SHE8T DATE OF MEETINGi September 6, 1983 COUNCIL AGENDA ITEM Consent agenda. SUBJECTi Bid d 9183 Relay Test Set SUMIL1Ryt This bid is for the purchase of a protective relay test set for the Electric Metering & Substation division. ACTION REQUIRED; Approval by council. ALTERNATIVES; Reject all bids and not purchase at present or re-bid, SOURCE OF FUNDS; Budget account number 610-008-0253-8332-E582. RECOMME"Z ATION; We recommend this bid be awarded to the low bidder of Multi-Amp Corporation for one test set at $7,395.00, FOB Denton. E`{HIBITSt Tabulation sheet. SUBMITTED BY: John J. Marshall, C.P.M. Purchasing Agent JJMt.Ic i tlTll 'CYT<.R Relay Teat Set Multl-Amp Doble DPI)Is OPENED August 25, 1983~~ Altarnnte ACCOUNT 0 ITktI bRSC~1PTlON S Kl JLWR -V-9NbOR llOR YENDOR V N OR _ VENtN ` I, 1 !'rotectivp Rulay 'lest Set $7,395.00 12,435,00 15,000,00 F08 Denton water Town, Water Town, - Maine Maine _ belivery 7 clays 6 months 6 months l i i CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET GATE OF MEETING: September 6, 1983 COUNCIL AGENDA ITEM !I Consent Agenda SUBJECT: Purchase order :159014 to TRAKS Service Company SUMMARY., This purchase order is for the emergency repair and recondition of our equipment number 7124, sewer flushing truck. We recently purchased a new sewer flushing truck and this is for the general reconditioning and repair of the older sewer flushing truck. This way we can have a back tap and not a week goes by that we need two trucks. Invoice 001109 covers this complete reconditioning at a cost of $7,258,29. ACTION REQUIRED: Approval by council.. SOURCE OF FUNDS: Vehicle maintenance sublet repair account number 710-004-0598-8710. RECOMMENDA'PION: We recommend this emergency repair purchase order be approved for payment, EXHIBITS: C purchase rder and invoice. SUBMITTED BY: '1565n J. Marshall, C,P,M. Purchasing Agent JJM:lc _7 7. 1.R.A.KA SERVICE CG, '3 .~it~'~•z_____._.____./Lts_o_~~~1.~,k' ~"9'0l'~ loo EbX ~79a~ ~ ~l rs c __S LNA -IN _ 001109 ha s fit. Y_ ~?.-4, (.a Name - 1r I~ Addr, , vv , ~~1 aJ ,yam PhonD No _kr!L!~Lr~__.__rrsfscl7..iQ; ~2 n ipaadomoler ` ~ 9pO anal uAxi AND loll ~'CE/ISf 40 AND SIAlk 1sOlOf NO sM- __.l L -R1-S L 1.. Q r w^,t AriCllj 'IIS11lIC 110NS .'hl fLAK e 1 tilt LJ Cµ71 Q L 1E'ANS lJ fOlffN 'J 1Y ASN ,.ns y,• Jr2l / e/ f~~ _~t{~I•tt'fii'~-'!----_-1'_/2'~.~ ~i.~~Z-~ 'YL41f11"_.__~JL~=1-fr--Il/1~~•e~R/l~ ~C1IA/ti~.V 740 ' ICCks!OMlks AI.IOUNT f'• Tolal tabor / ;29 0 97, - 1CTa, °ARI, L. / llC Tokal Parls _ 1 O - - Gas, Oil. Grease GJIS G-os L._ ` r_. 1„'I j -_/-..-t-"~}--'-~•~-/s~---'-.-~--. Accessories 11_ i. f!S '.ir r.~ j Tiros Tvhtls ''oiul Gns o.,LGr±usr. -~I/J/J 01 1x101 .Acc°ssorles Outside gVork l n:. 3r 71• •I.e ogc:o -onua 101, •'o ~e :Cho oln~• roh the ~,ocessdly ~horendl and hereby yrohl you ^ 1 r - „nes :e•r ss m, :CU'a10 me or v f"c'.o herein descnnad on shoals. highwovs or TOTAL t'sew!-e re nr 'pose o' 'c,ahT ,r r ,onr. n r q,press ~noc hankf Lon n yereby dd.howledged nn ,been :o <..,o •c ea,•trIrtr o 'harnrc TAX h Nark Aunc':ntnd 'ay_ Date Promised r0T sl AMOUNT OE)liyr red ro _Dafe Delivered-- .-b , - 10 CITY OF 011 IN, PURCHASING DEPT, PUR"ASI ORWIR NUMUR ml 4 215 S, McKinney Denton, Texas 76201 017!0040311 DIFW Metro 207402 6..2"3 V00004 No. TWO W.Q. 40, mlylIIY Acct. NO. 710-004-0598»9710 ow TI1h= Service Co. 1800 N. Peters Mad Tot CITY OF DENTON Yrvingo Texas 75060 vehicle maitAt:. 901 T* WW toa SHOW P.O. NOON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC., $ENO INVOICES TO ACCOUNTS PAYABLE, THE CITY OF DENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL 020, THE CITY OF DENTON IS PROHIBfTED FROM PAYING F'OR MERCHANOISE BEFORE IT IS RECEIVED. ALL SHIPMENTS MUST BE F.O.B.. CITY OF DENTON, TEXAS. ITEM CITY STOCK NUMBER DESCRIPTION QUAN./UNIT PRICE AMOUNT Rig 1 7124 Overhaul and reciondition smftr tl=hing truck as per invoice 11 401109 Lot $7,258,29 Cbpt^r,4D1,n LO 1, ~ rr c "ASS c ~ $7,258,29 Direct All Inquiries To: CITY OF DENTON, PURCHASING DEPT. L p John J, Marshall, C,P.M., Purchasing Agent c~~ W Tom 0, Shaw, C.P.M., Asst, Purchasing Agent CI'T'Y COUNCIL AGENDA SACK-UP SUMMARY SHEET Meeting Date: September 6, 1983 Subject: Approval of the preliminary plat of Hickory Plains Subdivision Summary: This tract is approximately 17.5 acres in size and is located on the south side of Hickory Creek Road in the extra territorial jurisdiction (ETJ). The proposed land use is single family residential on 32 lots which average approximately 18,000 square feet. The residential dwellinggs will. probably be some type of manufactured housing. The developer intends to serve the subdivision with well water, and septic systems will be used for sewage disposal, The internal streets will be constructed to county standards and the developer has agreed to dedicate a minimum of 50 feet of right-of-way from the center line of Hickory Creek Road. Action Required: Approve the preliminary plat. Alternatives; 1. Approve the preliminary plat 2. Table the i y plat Recommendation: The Planning and Zoning Commission recommends approval of the preliminary plat of Hickory Plains Subdivision, Exhibit; Reduced plat. r es at ns Senior Planner CSW:lc Y L. u~.1 fJ, n"s l0t,ti 40t~~ !O•r~ S i da> Lr ~ e.r ~d ~Ol' 1'J p ~ l.r A i i - S w r7a. a~}n~~. Wit frl►' .W~ or 3 I ' y 0 ~ ~I r 0 Lar 1! $ leY90/.^~ 'i 8 ~P; pp a.r a , / 144' I = i. o e i 9 n 'is g I = tsrs 41 = Gat3.i e, gar „ i. • I rr rt ~ I ! r ~ 4 (er~7 e~ : Let72 /,or/l S c !./0 v R . N i , r I Cori ~o ~e ♦ z e>2~ ~etII ;a x , et I 04# l ~64 / lar'29 LsY!t fort loYd °o w3vloow ,.po h.... rrl J , a M N ~1 I VICINITY MAP ' wo'r Io +o.k~ CITY COUNCIL AGENDA BACK-UP SUMMARY SNEL~T Meeting Date, September 6, 1983 Subject: Approval of the preliminary plat of the Ruddell. Street Addition Summary: This i.s a U,tS69 acre parcel located adjacent and east of Ruddell Street between Mingo Road and University Drive. Tile property is zoned multi-family (MF-1) and the proposed land use is two duplex type structures on lot 2 and one duplex structure on lot 1. Adequate water, sewer, electrical, telephone and gas service is in place and available for extension to this site. A drainage analysis was required before the engineering department determined that cio drainage improvements are necessary This plat was processed in accordance with the new subdivision regulations The preliminary plat requires City Council approval but the final plat only requires Planning and Zoning Commission approval. Action Required. Approve the preliminary plat of the Ruddell Street Addition. Recommendation: All technical requirements have been met. The Planning and Zoning Commission recommends approval of the preliminary plat by a vote of 6-0. Attachment: Reduced preliminary plat, DVV1T Ellison t- Deve.lopment. Review Planner DR:1c W !AM e, Q , ,a 11I n,' :~'I ri , l r, 4 c c 5, L% i . M r I y.Y \I MAGI C'7 1 :1 P Sa, G 5'. 41 61TE cto,-PW ILL 4ahloop,. i`iaG T~ '.NV lGAC! I PLOCATION 'w! „ATV >r _f^. RCN -7 ~•AP 1 _.+JQ A,AJ+,Sf at[CsV_ i I .I /i\I i dG91! 1" $.40' AVeual; S. -403 Pev 4~au yT O.IV IS ►RELr MINARY VLA7' RUDDELL STREET ADQMON PL AI c 'Afl LLIAM CRENIHAW SURVCY A134 L1YY 4 COUNTY or OCNTOH I 'r"A5 le It ~t C , t I ser & .Associates, Inc. 2616 STADIUM DRIVE FORT woRni, TEXAS 76109 8171927.2838 STATRMENT August 17, 1533 Mr. Jeff Meyer Director of Planning and Community Development CITY OR DENTON, TEXAS Municipal Building Denton, Texas 76201 Contracts Human Resource Needs Assessment, April 19, 1983 Prior Billing Paid May 19, 1983 $ 495.00 Prior Billing Paid June 8, 1983 30960.00 Prior Billing Paid July 11, 1983 20475.00 Paid to date $6,930.00 Prior Billing Payment remains due 11485.00 Current Billing Telephone, mail, and agency surveys complete, computer data complete, final report delivered. Percent of Completion 100% $90900.00 Less prior billing 85% 8 415.00 Current amount due 15% $1,485,00 Prior amount due 1,485.00 (Please disregard if prior payment is in process) 'rotal due $2,970.00 RECEIVED r ~ AC 6 i 1983 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Meeting Date: September 6, 1983 Subject: This is a public hearing concerning the proposed annexation of approximate y 150,5 acres of land beginning at the intersection of FM 426 and blayhill Road, and extending easterly 250 feet either side of the centerline of FM 426 for a distance of approximately 3,000 .feet, and includes a 104 acre tract on the north side of FM 426, (Z-1590) Summary; A mobile home park development has been proposed on a 104 acre tract located on the north side of FM 426 approximately 3,000 feet east of Mayhill Road. A 500 hoot wide strip of land centered on FM 426 between the existing city limit and the tract proposed for development is included to meet statutory requirements. The Dr. Pepper distribution facility at Mayhill and Fast McKinney Street its well as a church and approximately three (3) dwellings along East McKinney street are land uses which are included in the proposed annexation. The proposed mobile home development meets at least three of the four guidelines contained in the city annexation policy for determining when a development should be considered for annexation: 1. Single family development over five lots. 2. Any area where the density exceeds 500 units per square mile. 3. Any development that might have a significant impact upon the city, including but not limited to service costs, increased traffic, utility needs or utilization, safety or health hazards. CITY COUNCIL AGENDA BACK;.-UP SUWARY SHEET September 6, 1953 Page 2 City water and wastewater capaoity is available to serve the area street maintenance is not a major ~asue in that ti-.e development will be on a fart to market road, and interior streets vrill be private if a mobile home k~ark is developed, The solid waste division considers mobile home parks to be the same as residential customers and feels that the proposed development will pay its own way. Annexation of this property will. enable the city to evaluate the proposed land use in conjunction with the zoning process for compatibility with the Mobile Home Park Ordinance, surrounding land use and the land use plan, Action Required; Hold a public hearing. Alternatives; 1, Take no action. 2. Reduce the size of the proposed annexation. 3. Discontinue annexation proceedings. Source of Funds: Departmental budgets to provide services, Recommendation: The Planning and Community Development Department recommends a proval of annexation to control growth in this area. (The Planning and Zoning Commiasion will make y recomwendation concerning this annexation at their next meeting.) Exhibits: 1. Service Plan 2. Map 3. Reply form totals 4. Property owner list .ar es . at ns Senior Planner CSw:lc PLAN OF SERVICE FOR ANNEXED ARE61 CITY OF DENTON TEXAS WHEREAS, Article Ma as amended requires that a plan of so rvice be adapted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1, Pursuant to the provisions of Article 070a as amended, Texas Code Annotated, there) is hereby adopted for the proposed annexation area the following plan of service; I, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13,06 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, Service Plan Annexed Areae Page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installn- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, U, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation, 11, Planning and Zoning (1) The Planning and Zoning jturisdicti.on of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area, T, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area may use all existing recreational fac.ilities parks, etc,,, on the eft _e tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K, Electric Distribution (1) The city recommends the use of City of Denton for electric power, Service Plan Annexed Areas Page three G, Miscellaneous (1) Street name signs where needed will be installed within approximately a months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation, in this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city, 1. I~ill'i I 1 77 f d ' 444 L s M r + a l y 4 y+ + i, \ ww, r t 1, f til H. t 0 t li ~ 1 h a l l 1 f.. 1 11 (Y`; 4, ti 1 1 ~ 1 41C ('y IR ~'D J v \ \\N 1 1. ~!'*V NO h ~4i! } %i Tsl , ~ , r, I,n. ♦ 111", , ql. r ' l ~.Y. s'. ~f~ ~ ~ry' i1 1~ 1y~y I~ A ,~I+ 7 p~p i. a i ~L :F oop o;, l 1 4. l 'fP 1{• , b. .T' 1 fI Q; 7" 4 1. "W .4' ✓ l4 loll ,1 K ~ 1 ;j~ • ,+r lty r i , ~1 r _ Y 11 'ILw . n r!. 1 / vA' IN .a 1 ''"AAAA C i 11 t 1A PROPERTY OWNER REPLY FORMS CITY COUNCIL Z»1590 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received H r! J ~ h l ! /ipwtisiaj- Qua)) Lf, a ~ni~f, ~l c l rr 7`- , r A ~14dr nth L~r F ~•oci.~e, 14 I J ~ranf< J~r ,~x~P ll 2~ h~1Sf~A~,rH /~ltclP}~.ttJ ^y 1Ruddail t-f u 1+ l+ A~ )d _ _ ~ G, r,` ~5~~ ~ r~L~l_.~~ tlf~_.LL1_~.....1/Ll. t:rt1L-•_i ~rF ! ~ r ~t 11 (t !•pL S_, i ~ C L. rel i~ -k , ~rrlfu~,~ ~a .r _.,d~5 1 ' n N In L d Ht rhl il!! I ~ 1 e.• n . PLANNING AND ZONING COMMISSION RECO*JENDATION TO THE CITY COUNCIL To: City Council Case No. Z-1595 Mo eting Date: September 6, 1983 GENERAL INFORMATION Applicant: Daisy Punch 423 West Prairie Denton, Texas 76201 Status of Applicant: Owner Requested Action: Change in zoni g from two family (2F) to the office ) classification Purpose: . . . . . . . . . Location- Southeast corner of West Prairie and Carroll Boulevard Sizo: Submitted field notes describe a 17,135.476 square foot tract. The engineering department of the City of Denton reports that a portion of the described tract may have been purchases for right-of-way purposes and is there- fore public property that should not be included in this request. Existing Land Use: Single family residence Surrounding Land Use and Zoning: North - Two family, single family, office; 2F, O South - Two family, single family, right-of-way, day care center; 2F, 5-16'2 East: - Two family, single family, laundromat; 2F West - Carroll Boulevard, multi- family; 10-1 Denton Development Guide: Area is designated as high intensity. Case No, z-1595 Page 2 SPECIAL INFORMATION Transportation: Carroll Boulevard and an undetermined amount of reserve right-of-way adjoins this property to the west, West Prairie is a narrow residential street that provides immediate access to this site. The engineering de artment feels that the present. description of ':his property includes land that then ity acquired for Carroll Boulevard r jht- of-way. Initially, the petitions and representatives challenged staff' as- sertion. After additional review of past transactions and records, staff still contends that some Carroll Blvd. right-of-way has been included in the field note description of this tract. During the latest conversations, the petitioners have indicated that they are willing to purchase any excess right-of-way that ma be available for disposal. 1'he City ouncil typically considers property dispositions in a specific manner, No specific action has been taken on this disposition request. This is not a request for planned development zoning and no specifics are known in terms of size of office and plans for ingress-egress, An office: presently exists across Wost Prairie, north of this site, Vehicles sometimes park on the street. Addi- tional office or high intensity dove' opment will complicate matters further and dump additional commercial traffic: on a residential street. Parking: One space for each 300 square feet of floor area is required for office (0) development. A doctor's or medical office requires one space for each 250 square feet of floor area. No plans are available to evaluate the proposed location of parking. Case N04 4.1595 Page 3 SPECIAL INFORMATION (Continued) Physical Characteristicsi Topographyy slopes upward slightly towards ttte south, Vegetation con- sists of trees and grass. A single family residence is in place at the site. Public Facilities; Adequate electrical service is available. The water and sewer department has not commented on the capabilities of water and sewer service to serve the proposed site, ANALYSIS This site borders Carroll Boulevard and is located in a declin- ing older neighborhood. An office use is located across the street and this request for unrestricted office zoning exhibits a lack of sensitivity to Development Guide policies encouraging protection of adjacent and surrounding residential uses. Although office development is a distinct possibility unre- stricted office (U) zoning; permits other land uses. Some examples are as follows; 1. Single family dwelling 2. Two famil dwellin 3. Multi-fain ly (lo-r se or hi-rise) 4. Private school or day care center 5. Nursing home or care for the aged 6. Office (to any legal height). The amount of propertyy involved obviously has some bearing on what can develop at this site, but the point is that failures to require more site specific planning could result in a land use that may in no way relate to reported plans for the site. Protection of existing,, housing and older neighborhoods, and encouragement of development where public facilities capacity is available are two basic objectives of Denton's overall growth framework. West Prairie Street does not provide major 6treet access for unrestricted high intensity uses and continuous approval of "piecemeal" upzoni.ng and redevelopment severely threatens neighborhood stability. As reported time and time again, older neighborhoods and existing housing stock are given priority status in current long range community goals. When Casa No. Z-1595 Page G ANALYSIS (Continued) zoning stability is not maintained in areas such as this there is little incentive for proper maintenance of residential prop- erties. To put it in more graphic terms) some individuals may be fortunate enough to see their property sold and redeveloped for high intensity or high density purposes, but the prospect of every parcel being affected is slim at best. Those residences and individuals that remain deserve protection. This proposal provides zero protection. The county's decision to acquire property along West Sycamore for office and/or parking facilitios has created an aura of uncertainty and speculative t:hinkinbbi. The office at the north- east corner of Carroll and West PraJ.rie introduced additional high intensity use to the neighborhood. Approval of this re- quest will, in the estimation of staff, have additional negative impact on an area that is already in danger. of totally losing its once stable residential character. The amount of interest in this request and a similar one being considered at the north- west corner of Congress and Carroll is substantial.. Several area property owners have commented that they too will seek rezoning of their tract. Several local developers and realtors have questioned staff about what they perceive as a shifting i.-hangs in policy and a greater chance to introduce more office, ,retail and commercial. SUMMARY Approval of this request will allow additional commercial traf- fic to flow through a residential, area and down a residential street. The Carroll Boulevard and West prairie intersection will also be impacted. This is a high intensity area, but policies requiring preservation and protraction of existing anti surrounding housing stock is being neglected and staff feels that additional upzoning will have a severe negative impact on neighborhood character and stability. High intensity land use at this site will also diminish the strength of policies dis- couraging strip commercial and uncontrolled high intensity development along Carroll Boulevard. Case No, 'd-1595 page 5 RECOMMENDATION The Planning and Zoning Commission motion to recommend approval of Z-1595 failed by a vote of 3-1, Staff strongly recommends denial of 2-1595. ALTERNATIVES i. Approve petition, 2, Deny petition, 3, Negotiate with developer. And seek Planned Development zoning, ATTACHMENT 1. Aerial 2, Reply forms total 3, Property owners list 4. Minutes of Planning and Zoning Commission meeting of August 10, 1983 Y ' Y~{A k_• a i 4 u f M~ Lr ' t ..yf r'T r , '1 .t Ott i Ib• i! p4 r. ~:.i f. l i1 j •li • f Jty 4 ~~/~tt ) TI .17'42 r: ~ { k 1 *y + li a . V i a jam. 4r. j V* got V. .r r'~ .r ;sue;. a"' ~■r ~s ,~K _ , ~r. • H,. PROPERTY OWNER REPLY FORTIS CI'T'Y COUNCIL Z»1595 IN FAVOR IN OPPOSITION UNDECIDED Tom Jester None Received None Received P. 0, Box 280 Penton, Texas 387-7585 Horace M, Cote 1108 Kings Rota Denton, Texas 76201 Joe Below Box 11.83 Denton, Texas Ea le- (Z S~ ~9 ca C~ A G rre. ` A ~ Q r" S Gr ti' r Lo f- 0, - - - P 5 0 9 ~Ff P. 1 (i-. SA hra ~ r I or, f~ 19 C-6 r ao l.-6 1 C S 44 r E ~n , ~t,. 1'.JG' 1 ..I I tt l Zr) Y & Z Minutes August 10, 1983 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF DENTON, TEXAS; that the sincere and warm appreciation felt by the citizens and officers of the City of Denton for Ms. Mays shall cause this Resolution to be formally transcribed into the official minutes of the Planning and Zoning Commission of the Cityy of Denton, Texas, dedicated to the appreciation of Marilyn hIays. PASSED AND APPROVED this the 10th day of August, 1983. Ms. Cole made a motion to approve the resolution. Seconded by Mr. Claiborne and unanimously approved. (Members not present at this time indicate approval by signing the resolution at a later date.) III. Public Hearings A. ~yr4"195. This is the petition of Daisy Punch requesting' a c ange in zoning from two family (2F) to the office (0) classification at 423 West Prairie. The property is located at the southeast corner of West Prairie and (UNAPPROVED) Carroll Boulevard. Mr. Ellison explained request and stated that sixteen notices were mailed to property owners; nine were returned in favor, no reply forms were received in opposition. lie said the field note discreppancies were not fully resolved at this time as the right-of-way property adjacent to the subject property is the problem. At this time the Chairman clarified there must be four votes in favor of petition to pass on to the City Council as positive, as there are only four commission members present at the hearing of this case. (3-1 negative to Council; 4.0 positive to Council) Dale Irwin, speaking in favor of the zoning change, also as a property owner across the street from the subject property and as an interested purchaser of the property, presented a sketch of the proposed building and explained there would be a curb cut on Prairie and not necessary to be on Carroll. Neighbors in the area had been canvassed, sixteen letters were mailed, eleven property owners were contacted and all were in favor of office zoning as best use for the area and signed a petition, none were opposed. He feels an office (0) zoning would be an asset in the standpoint of tax revenues. P & Z Minutes Augtlst 10, 1983 Page 3 east wtofch be approximately a one n bltockarea lr determined question was subject property. Mr. Claiborne questioned why the potition was for an office rather than a planned development (PD)? Mr. Irwin said he does not want planned development as it is to restrictive for a single office building and doesn't understand the city desiring planned development (PD) on any development of this kind. Ms. Alice Alexander stated she was speaking for the family, for the Estate of Fred Moore, she said the 40 foot strip of land belonging to the city which there has been a controversy over would gladly be purchased by the family to settle problems. No one spoke in opposition to the request. Mr. Ellison stated that the staff was appreciative of the cooperation and understanding of Ms. Alexander in dealing with the problems of land ownership. He explained that the request does not go along with the Denton Development Guide for an office (0) zon rig at this location. He mentioned the sale of the strip of property is a separate question as is the access off of Carroll. lie pointed out that staff has observed parking problems on the residential street and also circulation problems oxist at this time and new office zoning would cause additional problems. Also office zoning leaves property open to allowing several different operations. Basically a residential area, therefore staff strongly recommends denial of Z-1595. Mr. Pearson asked if this is a declining neighborhood? Mr. Ellison responded saying the county is in the process of some changes in the area and generally the property owners don't have the economic incentive to upkeep the property. On question, Mr. Ellison responded it would go against the Denton Development Guide policies to re-zone entire neighborhood. Mr, Watkins presented a report with statistics showing this is a declining negihborhood; however, staff is preparing a grant application with the Texas Community Development Program and is concerned about this area. P Z Minutes August 10, 1983 Page 4 Mr. Irwin offered a rebuttal stating that the 75 foot lot frontage would be no problem to build on, as his own lot across the street on the north side is only a 60 foot lot with an office and also does not feel that anyone would purchase this property for duplex development. Chairman declared public hearing closed. Mr. LaForte commented that the city would probably sell the strip of land on Carroll Boulevard which is adjacent to the subject property. Ms. Cole made the comment that she is familiar with this area and she would not want to own a home in this neighborhood as she feels it is an older declining area. Ms. Cole moved to recommend approval of Z-1595 Seconded by Mr. LaForte. Vote was called; Aye - Claiborne, Cole and LaForte Nay - Pearson (3-1) B. Z-1598. This is the petition of Richard R. Compton requesting a change in zoning from agricultural (A) to the planned development (PD) classification on an 11.53 acre tract located along the north side of Robinson Road beginning approximately .4 mile east of the :intersection of Robinson Road and FM 1830 (Teasleyy Lane). if ,approved, the planned development (P b) would permit the following land uses; Du lexes - on 6.77 acres 4-plexes - on 1.92 acres Recreation - on .42 acre Street right-of-way - 2.42 acres Mr. Ellison explained the request stating that eight notices were mailed to property owners; one reply form was received in favor, no reply Torras were received in opposition. Bob Crouch speaking for, the petitioner, stated the petitioner had received a Planned Development (PD) zoning for the 6.3 acres to the south of the subject property in June. This is an 11.53 acre tract adjacent to the 6.3 acreage. No one spoke in opposition. PLANNING AND ZONINi~ COIMYISSION COUNCILRECOM"NDATION To: City Council Case Nos. Z-1597 and S-171 Meeting Date: September 6, 1983 GENERAL INFORMATION Applicant: City of Denton Status of Applicant: Owner Requested Action: Change of zoning from agricultural (A) to the light industrial ( ) cation (2-1597) Approval of a specific use permit for a sanitary landfill (S-171) Purpose: To zone the property in accordance with the proposed land use and to expedite the permitting process Size: 36.082 acres Location: South side of roster Road Surrounding Land Use and Goring: North - 10 single family houses owned by City of Denton, vacant tract, sewer plant; A Easth - VVacant land outside acant land outside city limit West - Approximately 6 houses on south side of roster Road outside city limit Denton Development Guide: Low intensity area - restricted resi- dential. Z-1597 and 5.171 Page 2 SPECIAL INFORMATION Transportation: Access to the site of the proposed landfill is currently available on Foster. Road, however, the city plans to build a new road from the road serving the sewer plant to the land- fill to reduce the number of houses solid waste trucks must drive by to gain access to the site. Water and Sewer: 'there is no water or sewer service for this area at present, however a sewer line is proposed in the Utility Capita Improvement Plan to serve the landfill site. ANALYSIS The state Health Department typically requires a two-part public hearing for sanitary landfill permits; one part is for technical considerations and the other part is for land use considerations. If the city zones the land for use as a sanitary landfill the Health Department does not have to hold the land use part of the public hearing. The new landfill is needed beCauBe the existing sanitary landfill is being closed because it is full. The city has been looking for a new site since 1975, this one meets the technical. requirements in that it is out of the 100 year flood plain and has a layer of clay underneath the top soil. There is relatively sparse urban development around the site the land to the north, northeast, and east is owned by the City of Denton and there is a hill to the northeast which acts as a visual screen from the more densely populated area on Mayhill Road. The property to the south of the site is in the flood plain thus limiting the possibility of urban development on the south side of the tract. The site is financially feasible for the city and is i.n an efficient location. Runoff from the landfill will be collected and pumped back to the landfill and will not be allowed to flow into the creek A complete fence will be built around the 0.te. Z-1597 and S-171 Page 3 RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-1597 and S-171 by a vote of 5-0, f ALTERNATIVES 1. Approve petition, 2. Deny petition. ATTACHMENTS - r - 1. Aerial 0 2. Reply forms total 3. Property owners list 4, Minutes of the Planning and Zoning Commission meeting of August 10, 1983 u♦ lot- 00 pan% ' f • 1. ~ 4 + ANN' _ K It 'J -R - I PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1597 & S-171 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received 1 T ~ t ~ ~I '1 rr 6d&~ LA, 7..~ TI,of 4}r,,le„ 1 ! I4 Il I I Tier f lrl rT i y r , _ ~Pt 6Cpl PI n()A 1, 0 . t'4 r 1~E add II sit !I t I~ rllc~ l ri C tl L.s IC_ E'~ - - 'V P Z Minutes August 10, 1983 Page 7 Chairman closed public hearing. 14r, Juren inquired about the curb out needing to be 45 feet from what point of intersection. Mr. Clark responded the curb cut should be approximately 40 feet from the center of the intersection of Congress and Carroll Boulevard. Mr. Juren made a comment that this could set a president and cause an eventual downfall for the rest of Carroll Boulevard. Mr. Claiborne moved to recommend denial of Z-1595• Ms. Cole seconded the motion. Vote was called Aye - Claiborne, Cole and LaForte Nay - Juren and Pearson. (3-2) Motion failed. Mr. Pearson moved to recommend approval of Z-1595. and Seconded Pearson Mr. Nay UYeClaiborne,,aColeland LaForte,Ju(2-3) Motion failed. D. Z-1597 any' S-171. This is the petition of the City of enton req,!es ng a change in zoning from agricultural (A) to the sight industrial (LI) classification, and approval of specific use permit for a sanitary land-fill, on ct tract of land containing 36.082 acres located east of '•layhill Road along the south side of (UNAPPROVED) Foster Road (also known as Edwards Road). Mr. Watkins explained there were three (3) reply forms mailed to the property owners within 200 feet of the subject proppertyi~nidnno reply for ms were returned. Part of the prop y the city lts. Bill Angelo, representing the Sanitation Department for the City of Denton stated he does support the change of zoning, closing of the old landfill is scheduled for January 30th, 1984 as required by the Health Department. New location is needed now. Lewisville would be closest landfill to haul to but would be very costly. Mr. Juren asked what the life expectancy of this landfill would be and how long had the existing one been in operation. p Z Minutes August 10, 1983 Page 8 Mr, Angelo stated 28 years life expectancy on the new location and the present one was opened in the late 60's modificationsdmadeytnlbewacceptableitodthetHealthral Department, No one spoke in opposition to the request. Mr. Watkins showed map outlining the present sewer plant with road to the proposed landfill and the new proposed access rdar,letestated tis chnically, andastaff Is recommends site far, located so approval. Mr. Claiborne questioned the access, would it be from McKinney to Mayhill? Mr, Angelo explained that the landfill would also e use by Little Elm, Pilot Point and Aubrey and the truck traffic can be regulated, limited only to the public using different routes. The truck route would be set up to go past the least number of residences in the area, Chairman announced public hearing closed. Ms. Cole moved to recommend approval of Z-1597 and S-171. Mr. Claiborne seconded and unanimously carried. (`i-0) E. Z-1600 and S-173. This is the petition of the City of enton reques ng a change in zoning from agricultural (A) to the light industrial (LI) classification, and p approval plant, of a specific ximatelumacresrbea sewer ginningteastmoft p > approximately 235.96 Mayhill Road and including property located north and south and east of Foster Road (also called Edwards Road). Mr. Ellison reported there were 14 notices mailed to property owners and none were returned. David' Ham, Assistant Director of Utilities, stated that the present sewer plant has an addition already and i, in need of more additions requiring mor- land d change in zoning from agricultural (A) to the light industrial (I,l.) classification on acquired property to add the Equalization Basins (for holding during flooding conditions as some of land is in flood plait; area); Holding Basin; irrigation tank, all re~u,.red to update the sewer operations. Additional acreage is also needed for sludge injection area. Ib44 NU. AN ORDINANCE AMENDING THE ZONING MAP )F THETCITY OFOFENTON, TEXAS, AS SA?IB ii AS ADOPTED A$ AN A?PENDIX NANCES OF THE CITY OF DENTON, TEXAS, Bl' ORDINANCE N'O. 69•l, AND AS SAID yIAP APPLIES TO APPROXI?IATBLY 36.)82 ACRES OF LAND OUT OF , NTON COUNTY, TBXA$; THII G. FALXBR SUKVBY ABSTRACT NO. 1330 DE AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARINJ AN 15PFFC• T 11't; DATE?. THE COUNCIL OF THE CITY OF UENTON, TEXAS, HEREBY ORDAINS iEC'i IO+N I . The Zoning Classification and Use designation of the follow- ing described property, to-wit: Being part of that certain tract or parcel of land situated in the G. Walker Surrey, Abstract No. 1330, Denton County, Texas, being part of that certain 81.o2 acre first tract and part of that certain 4'.5 acre second tract in a oeed Pion: I. E, Edwards, et ux to E, I, Edwards on Jul), 25, 1945, recorded n Volume 310, Page 563, plus part of a 15 acre tract deeded by A. A, Durham, et ux to W. A. Edwards on April 11, 1980, reeoroed in Volume .5, ;gaga 38, Ueed Records of said County, and being more fully described as follows; • COMMENCING at the fence corner of the southeast corner of said $:,02 acre tract on the east line of the 213 acre Lot 0 of John feet onorthuof ithte isoutheasttcorner of e saiduLcty bat a point 1594,3 l"titNCE north 87011136" west with a fence 2405.17 feet to an axle; THENCE north 1041108" east along and near a fence 541,96 feet to a ionce corner; THENCE north 87037154" west with a fence and a crossing the west line of said Z19 acre tract at the southeast corner of said 1S acre tract 373,31 feet to the point of beginning; said 42,5 acreh tract~orner of 15 Eacres nanolothe southeast 457.71 feet to th THENCE north 88°15'45" west fence with a 762.29 feet to a fence corner at the southeast corner of a 4,U01 acre tract; THES1 north 10091 ZO" east with a fence IU$S,17 feet to a steel pin; THENCE south 13`00'30" east with a fence 1143,66 feet to a fence corner; THENCE north 1°31'31" east with a fence 117.24 feet to a fence corner; THENCE <outh '44U3'ol'1 east with a £enee and crossing the east line of Said 15 acrl tract whicii is the west line of a 119 acre tract 3U3 it feet to a corner; i':1LN", 50',1:x', ^eSt JL`b. 1 fret tJ 3 c0 r!1-,r1 THhNCb south 28 W OU" west $85.11 feet to the point of beginning anc containing 1,511,729 square feet or 56.082 acres of land, ,,ore or less. is horeby changed from Agricultural "A" District Classification Use to Light Industrial "Lill 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 Ordinances of the City of Denton, Texas, under Ordinanco No, 69.1, be, and the same Is hereby amended t) show such change in District Classiii- cation and Use. SECTION 11 . 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 for the character of the district and for its peculiar suitability or particular uses, and with a 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. SECTiUN Ell. That this ordinance shall be in full force and effect immediately after its ppassage and approval, the required public hearings having heretofore oeon held by the Planning and Zoning Commission and the City Council of 'the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the _ day of 1935. a r 1t KLCWI) 0. CITY OF DENTON, TEXAS ATTEST; L Tx v t L CD 3-T1,-rtt'TA-9' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLUR, JR., CITY ATTORNEY c M OF DENTON, TEXAS 1 l -1>Y' CHI OF Jt) lO,N - PAuL I (i 494L Nu. AN ORDINANCE GRru\TING A SPECIFIC USE PERMIT AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDiNANCE5 OF THE CITY OF DE,NTON, TEXAS, bY ORDINANCE NO, 69.1, AND AS SAID MAP APPLIES TO APPROXIMATELY 3b,082 ACRES OF LAND IN THE CITY AND COUNTY OP DENTON, TEXAS; ANU DECLARING AN EFFECTIV6 DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SECTION I. The Zoning Classification and Use designation of the follow- ing described property, to-wit; Being part of that certain tract or parcel of land situated in the G. Walker Survey, Abstract No. 1330, Denton County, Texas, being pact of that curtain 82.62 acre first tract and part of that certain 4Z.5 acre second tract in a deed from 1. 6, Edwards, at ux to E. 1. Edwards on July 2S, 1945, recorded in Volume 316, Page 368, plus part of a IS acre tract deeded by A. R, Durham, et ux to 'ti. A. Edwards on April 11, 1980, recorded in Voluns AS, Page 38, Deed Records of said County, and being more fully described as follows; COnME NCIN'G at the fence corner of the southeast corner of said 92.62 acre tract on the east line of the Z19 acts Lot 6 of john R. Henry Subdivision of said G, Balker Survey at a point 1593,4 feet north of the southeast corner of said Lot 6; THENCE north S7011136" west witn a fence 2405.17 feet to an axle; THENCE north 1041108" east along and near a fence 541.96 feet to a fence corner; THENCE north 87931154" west with a fence and a Crossing the west line of said 119 acre tract at the southeast corner of said 1S acre tract 373.31 foet to the point of beginning; THENCE north 871371S4" west 457.71 feet to the southwest corner of 1S acres and the southeast corner of said 42.5 acre tract; 1'HEN'CE north 38115'45" west fence with a '91..29 feet to a tense corner at the southeast corner of a 4.001 acre tract; 'T'HEN'CE north 1109'20" east with a fence 1058.77 tout to a steel pin; THENCE south 86400'30" east with a fence 1143.6t, feet to a fence corner; THENCE north 1031'41" east with a fence 127.24 feet to a fence corner; THEiNCr soutn 74'O S'U1" east with a CenCe and crossing the east line of said 15 acre tract which is the host line of a 219 acre tract 403.19 feet to a corner; d C 0 r n<ri .~i E'%~L $CUth •~10u grist 5b7. 1 ...:t t0 ~'I?.-CI~1 sir Jb.\T';\ TtiBkCE south 28°56'00" west $85,11 feet to the ppoint of beginning and containing IIS71,1t9 square feet or 56.08t acres of land, more or less, which is classified as Light Industrial 'ILI" District Classifi. cation Use under the Comprehensive Zoning Ordinance of the City hereby Dento, anted asfor the hereby use changed and dpropertyf specific municipal sanitary landfill. The zoning Map of the City of Denton, Texas, adopted Lhe loth day of January, 1969, as an Appendix to the Code of Oroinances of strict amended uto er show such \ changel, ine) Diand the the same Ciis of herreby Denton, Classification and Use. SECTION 11. That the City Council of the City of Uenton, 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 for the character of the district and for its peculiar suitability or particular rOLectiand with ng humans liivesI oandnencouraging the most appropriate tngusespof land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTION Ili. That this ordinance shall be in full force and effect immediately after its passage and approval, the required ?ublic hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this thn day of 1951' R L p k , MA-Y G. CITY OF DENTON, TEXAS A116 ST MY OF DENTON, TEXAS APPROVED AS 1'0 LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CI'rl' OF DENTON, T'Ex.4S BY 711f, 5-111•C1i'i OF Ur\TJN .51 PLANNING AND ZONING COMMISSION Recommendation to the City Council To,. .Denton City Council Case No. Z-1598 Meeting Date.' September 6, 1983 GENERAL INFORMATION Applicant: Richard Compton P, 0, Box 238 Denton, Texas 76201 Status of Applicant; Financial Interest Requested Action.' Change in zoning from agricultural (A) to the planned development (PD) class- ification Purpose: Development of appropriate zoning for the following land uses.' Duplexes - oil 6,77 acres Fourplexes - on 1.92 acres Recreation - on 0.42 acres Right-of-way - on 2.42 acres Location and Size: 11.53 acres adjacent and north of Robinson Road and adjacent and east of Lakewood Estates Mobile Home Park Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Agricultural, vacant; A South - Robinson Road, single family, agricultural; ETJ East - Vacant, agricultural, single family; PD-54 for duplex, 4-plea and general retail use, A West - Lakewood Estates, F.M. 2181; 5-166, A Denton Development Guide: Area is designated as low intensity. Case No, Z-1598 Page 2 SPECIAL INFOIthIATIUN 't'ransportation: Robinson Road remains a responsibility of Denton County because it was not included in the recent annexation of this tract, Lakewood Estates, and sur- rounding properties. Robinson Rc..d functions as a major street, but its condition is obviously less than adequate. Construction of Lakewood Estates is creating additional main- tenance problems and staff is unaware of specific improvement plans on the part of the county. There is evidence of some periodic county maintenance. Standard residential streets are pro- posed internally (50' right-o£-way width - 311-34' pavement sgidth), Internal streets should form logical links with streets in previously ap- proved 6,264 acre planned development located adjacent and east of this tract Public Utilities: Electrical, water and sewer, gs, telephone and cable T.V. ser4cae is available for extension to this site. ANALYSIS This site is located in a low intensity area. The amount of density and intensity proposed is not considered prohibitive given the amount of undeveloped property in the area The ro- posal provides logical and compatible transition from the 4~0 unit Lakewood Estates Mobile Home park to the west and an already approved Planned Development for duplexes, 4-plexes and general retail use to the east, As stated previously, staff is primarily concerned with the condition of Robinson Road. Unless the county reports differently before. City Council consideration of this request, no immediate improvements are planned for Robinson Road. Casa No, 2-1598 Page 3 ANALYSTS (Continued) 't'ypical lot size for the duplex uses is 60' x 92' (5,520 square feet), The zoning ordinance requires a minimum 60' x 100' lot for duplex development; however, this, and other development standards, can be varied through Planned Development zoning. Typical lot size for the proposed 4-plox lots is 105' x 147'; the zoning ordinance only requires 60' x 100' lots for multi- family development. A total of 45 duplex units and five 4-plex units is proposed. An 0.42 acre recreation area is proposed. Setbacks and parking meet normal zoning ordinance standards. RECOMMENDATION The Planning and Coning Commission recommends aoproval of 'Z-1598 with the following conditions by a vote of 4-Oc 1. Density of development shall not exceed level shown on approved PD concept plan. 2. Physical design and dimensions of lots shall conform with approved PD concept plan. 3. Final internal streot alignmout shall be determined during platting stage; staff shall have the authority to revise plans for streets if needed for future plannin purposes or to provide logical link. with adjacent subdivisions. 4. The property shall be platted in accordance with City of Denton regulations for subdivisions and laud development. ALTERNATIVES 1. Approve Planned Development with conditions. 2. Approve Planned Development without conditions. 3. Approve Planned Development with additional conditions. 4. Deny petition. ATTACHMENTS 1. Aerial 2. PD Concept Plan 3. Reply form total 4. Property owner list 5. Planning and Zoning Minutes of August 10, 1983. Lk PD. 210 f i 1 2 Z-1598 V 1 1 PO-54 I 1 SF•f~SF. ip l'r' i•l1 Si l i'WEi.LltlG ni5 i LSfAl F•iJ ONE -''AMILY DWELLING DI: 1 5 ,O ^,K.10 ONE F4MILY DWELLING DI: L.._.._ - LF_7j SF• 7 ONE -FAMILY DWELLING DI: L 2F.~ 2F TWO -FAMILY DWEL.i.1NG DI: MF I MF•I MULTI FAMILY OWCLLING C r10NS. IMF•2 MF•2 MULTIFAMILY DWELLING C 'GINEER, . _N r~r•R Ni rl F, . r~ icT i P P PARKING DISTRICT VINTON ACAIAOF ,tlyl ul lam. H f •l` pelt I L u 11 f 1111 ~4 SITE _ ,_4tM If. ...il I'r 100! t ~ ,Ieeuleuu u ' VIA i 1111111..111.11.11...1..111111111111111.1111.1111111111111111111111111111111111111111111111111111111111 DELI YiCINITY MAP 4PLK 1 1 4 P I r S PLANNED DFYEL00MENT 111.1 PROJECT DATA `W 1! LAND USE SYMBOL AREA OPLL OUPLEK WALK 671 AC. REt LAKF600D ESTATES 4-PL2P A-PLX 1.02 AC, i MOBILE HOW DARK u -t \ II'u 0.fCKA110H NBC 0.42 AC ST0.££T PIONT-OF-WA) ' R-O-W 2.42 AC. A-O-W } t 11.60 AC, r---- E I 1 DUPLEX 46 UNITE A 01% %01 Id140'I1 ~ PIK La1 AAd 1.111 le 11, 4-01.fx 6 UNITS _bPlx-~ YII let euu 161 1 W Yu 101 441, 11111 111 01, Off-BT. PA0.KIN0 ❑looule ue u01m1A bUPLEKE6, 42%2=64 SPAO 0 TEASLFV 111• 4-PL£xES 6KIM40 SPACES TOTAL: 104 SPACES f 2'600_ NOWLIN RD 230 so At It.. 11.41 ROBINSON A: 1.' 11111.1111111111111111111111111111.111111.11111111 111111111111111111111111111111111111.111111111111111111111111111111.............................. 1111111111111111111111111111111111 1111111111111111111111111111111.1111111111111111111111.111111111111111' 11111111... PROPERTY OWNER REPLY FORMS CITY COUNCIL 21.598 IN FAVOR IN OPPOSITION UNDECIDED Richard Comnton None Received None Received P, 0, Box 233 Denton, Texas 76202 388-3854 122 G n ~1 YnI ~,a, T .7r, TUlf 16 1 r. f ~ A 7 __L' cry rr r!.1 11 ~ c~ &L, P'1eA r, v ,L~L)~• ~4`~~~ f 1 1\_~4~Cf<+l ~J~ ~,C ~~~t/1[~ A) TXr r C Ir r 17 1. SAam T ? l rn .7 y✓ _ W _ c1n fIQ9 ems.`-- , Y -2 jj, .2 S Z Minutes August 10, 1983 Page 4 Mr. Irwin offered a rebuttal stating that tho 75 foot lot frontage would be no problem to build on, as his own lot across the street on the north side is only a 60 foot lot with an office and also does not feel that anyone would purchase this property for duplex development. Chairman declared public hearing closed. Mr. LaForte commented that the city would probably sell the strip of land on Carroll Boulevard which is adjacent to the subject property. lts. Cole made the comment that she is familiar with this area and she would not want to own a home in this neighborhood as she feels it is an older declining area. Ms. Cole moved to recommend approval of Z-1595 Seconded by Mr. LaForte. Vote was called; Aye - Claiborne, Cole and LaForte Ne y - Pearson (3-1) B. 7._1,598. This is the petition of Richard R. Compton requesting a change in zoning from agricultural (A) to the planned development (PD) classification on an 11,53 acre tract located along the north side of Robinson Road (UNAPPROVED) beginning approximately .4 mile east of the inte-rsection of Robinson Road and FM 1830 (Teasley Lane). If approved, the planned development (Pb) would permit the following land uses; Duplexes - on 6.77 acres 4--plexes - on 1.92 acres Recreation - On .42 acre Street right-of-way - 2.42 acres Mr. Ellison explained the request stating that eight notices were, mailed to property owners; one reply form was received in favor, no reply f:orros were received in opposition. Bob Crouch speaking for the petitioner, stated the petitioner had received a Planned Development. (PD) zoning; for the 6.3 acres to the south of the subject property in June. This is an 11.53 acre tract adjacent to the 6,3 acreage. No one spoke in opposition. P & Minutes August 10, 1983 Page 5 Mr, 41lison stated this is a low intensity area and there is availability of public utilities, Robinson Roads condition is less than adequate, there is some evidence of periodic count yy maintenance. Land use is logical for duplex and 4-plex development. Staff recommends approval of x-1598. There was some discussion as to location of Loop 288, the southern Extension. Mr. LaForte asked about street access. Mr, Crouch stated the request was for a planned development because of the desire of the developer to work with the staff with regard to the street access. Chairman declared public hearing closed. Mr. Claiborne moved to recommend approval of Z-1593 with the iollowin conditions: 1) Density of development shall not exceed level shown on approved PD concept plan, 2) Physical design and dimensions of lots shall conform with approved PD concept plan. 3) Final, internal street alignment shall be determined during platting stage; staff shall have the authority to revise plans for streets if needed for future planning purposes or to provide logical link with adjacent subdivisions. 4) The property shall be platted in accordance with City of Denton regulations for subdivisions and land development, L Seconded by Mr. Pearson and unanimously carried. (4-0) Mr. Juren arrived at the meeting, C. 2.1599, This is the petition of Millie Johnson requesting a change in zoning from two family (2F) to the planned development (PD) classification on a lot approximately 69' x 155' in size located at the north- west corner of Carroll Boulevard and Congress Street. if approved, the planned development (PD) would permit the construction of a 1,628 square foot office building. The property is more particularly described as lots 1 and 2, block 5, Carroll Park Addition, Mr. Ellison explained request, stated there W(~ re twenty reply forms mailed to property owners within 200 feet of the subject property nine reply forms were rec:ieved in favor and none were received in opposition. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DRNTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DBOTON, TEXAS, BY ORDINANCE 40 69.1, AND AS SAID MP APPLIES TO APPROXIMATELY 11,53 ACRES OF LAND OUT OF THE S. HEMBRIE SURVEY, ABSTRACT NO, 643, DEN'TON COUNT) TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DA'L'E, THE COUNCIL. UP THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SECTION 1, The toning Classification and Use designation of the follow- ing described property, to-wit: All that certain tract or parcel of land situatod In the S. Hembrie Survey, Abstract No, 643, Denton County, Texas, being a part of a [called) 30.50 acre tract described in a deed from J, imbrough to J, P. Johnson on the 11th day of May, 19.1%4 and recorded in Volume $92, Page 630, Deed Records of said County and baina more fully described as follows; COMMENCING at the southwesr. corner of said 30,50 acre tract on the south line of said survey in a road; THENCE north a distance of 40,75 feet to a 6 inch steel corner post for point of beginning; THENCE north along ana near a fence a distance of 1123,15 feet to an iron pin in a fence lino; THENCE north 84312107" east along and near said fence a distance of 425,42 feet to an iron pin; THENCE south 00012'18" east leaving said fence a distance of 8115,15 feet to an iron pin; THENCE south 88053109" east a distance of 189.60 feet to an iron pin; 'TN1„VCE south 00013156" west a distance of 59<.P.46 feet to an iron pin in an east-west fence; THENCE north 33049'46" west along and nf.r a fence and along north right-of-way line of a road a distance of 254 feet to the point of beginning, containing in all 11,527 acres of land, is hereoy changed from Agricultural "A" District Classification Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the Git,v Of Dentcri, Texas with the following conditions and specifications; 1. Density of .u velopment shall not exceed level shown on approved Planned Development concept plan; Physical design and dimensions of lots shall conform with approved Planned Development concept plan; 15ee••+IOil AkD COMPTON•PA Ge J,Nh 3, Finn.l internal street a!Ignment shall be determined during platting stags; staff shall have the auth^ or ity to revise plans for streets, if needed, for future planning purposos or to provide logical link with adjacent subdivision; and 4, The prvperty shall be platted in accordance with City of Denton regulations for subdivisions and land development, The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to tho code of Ordi- nances of the City of Denton, Texas, under Ordinance No, ti9-11 be, and the same is hereby amended to show such change 1n District Classification and Use subject to the above .onditions and specifications. SIiCTION 1I That the City Council of the City of Uenton, 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 for the character of the district and for its peculiar suitability or particular uses, and with a 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 in full force and effect immediateSy after its passage and approval, the required eublic hearings having heretofore boon held by the planning and oning Commission and the City Council of the City of Denton, 'texas, after giving duo notice thereof, PASSED AND APPROVED this the day of 1983, iMM-17-0 nr1Fl ~ YUK CITY OFODENTON, TEXAS ATTEST: CITY OF DENTON, TbXAS APPROVED AS TU LEGAL FORM: C. J. rAILOR, JR., CITY ATTOR'N'EY CITY OF DENTON, I'E~,,AS l~tib ki~naaL I N10M laual i 1 INWI.11 ~ X11. ' ...1141\ 1'tIM 1 Ill~il ll •Iw4hLLJ1 .rte 1 t ~..-,"VICINITY h1 AC••-_.......•_.._ 1 ».1 1 1 III r+IC 111<10JYtY• " 1_, h aAOJBCT DATA I Dr11 RIO Wit I1 Y 101 ML ew+u erN Ln It Itt 1.4\oopnnnl 1•ry❑ 1-011 III It .09,11 out 0101 1 Ill... nl I 11114. M10+ Ht 011 It `•_4• t 1 ipY1•p• {NIA 116v1-00.10, It 1-w~l 1 n11 J 0. 1 i II 1. , 1 ovottz Is ,41W1 I.I .1~..11111IIh r 1 i Ib1UJV+i11 als '.I ill,.,it III 11 , ~ '.i DN•n II,04116 'I ' . LUll.a .a •.YI ."1141 I.YDrtl l 111th. II' , ' 1.14411v{up HLM 104.1 NI Irrc11 11. rD+bY 101 ~k ~ Ne .II,I . hl~"J+pn.ID, u PLANNING AND ZONING C0MISSION Recommendation to the City Council F 'ro; Denton City Council Case No. Z-1599 Meeting Date; September 6, 1983 GENERAL INFORMATION Applicant; Millie Johnson 419 South Carroll Boulevard Denton, Texas 76201 Status of Applicant; Prospective developer and occupant. Requested Action; Charlie in zoning from two family (2F) to tfie planned development (PD) olassification Purpose; Development of a 1,628 square foot office building Location and Size; 69' x 155' (10,695 square feet) lot located at the northwest cornor of Carroll Boulevard and Congress Street Existing Land Use; Vacant Surrounding Land Use arid Zoning; North - Two family, single family; 2F South - Single family, two family; 2F East - Carroll Boulevard, multi- family; MF-1, 2F West Single family, two family, garage apartments; 2F Denton Development Guide; Area is designated as low intensity Z-1599 Page 2 SPECIAL INFORMATION Transportation and Traffic; "Mis site has frontage along Carroll Boulevard (primary major arterial) and Congress Street (i.o'llector). Ingress- egress is proposed from Congress Street exclusively. The proposed curb cut or entrance off Congress is 25 foot wide and its projected location begins approximately 45 feat west of the Congress Street - Carroll Boulevard intersection. A detailed study or traffic count has not been conducted in conjunction with this request, but it is apparent that the )resence of a junior high school influences tretffic on Congress greatly. Circulation problems are evident at the intersection of Congress and Carroll during peak hours and any increase in intensity at subject site will worsen existing conditions. Parking: One space for each 250 square feet of floor area is required for medical offices or clinics. One space for eEich 3U0 square feet of floor area is required for general or professional offices. Twelve (12) on site spaces are proposed for this development. This exceeds the amount, of required parking by 5-6 spares. Physical Characteristics: Topography is basically flat. Vegeta- tion consists of trees and grass. Public Facilities: Streets and drainage are in lace. All public utilities are available to serve the site. Z-1599 Page 3 CONCEPT PLAN ANALYSIS If this request for planned development (PD) zoning is approved, construction and improvements will be controlled by the attached or modified concept plan, The attached plan meets technical re- uiroments of the zoning ordinance in terms of parking, setbacks with exception to rear)) buildin lot coverage and height. Proposed front yard parking is objectionable because diverse uses in low intensity residential areas should ideally provide maintained front yards comparable to surrounding residential properties. Landscaping is shown on the concept plan; however, staff suspects that, if approved, landscaping will not be pro- vided as shown. An adjacent property owner questioned the peti- tioner about plans for a cluster of trees on the property and was informed that the trees would remain if the proposal is approved. Staff recommends that a condition be added insuring t'rotection of the trees if the planned development (PD) request s approved. Maximum floor area of the build ng is 1,628 square feet. The petitioner has informed neighbors that architectural design of the building will be compatible with surrounding resi- dences. Ingress-egress is proposed from Congress Street exclu- sively (no curb ruts proposed on Carroll Boulevard). Eliminating curb cuts on Carroll Boulevard is a plus, but staff is fundamen- tally opposed to increasing intensity at this intersection. No screening is provided on the concept plan. Residences abut this propersy to the west and north and screenink should be required. The building site provides a 15 foot setbac on both sides but the rear yard setback should be increased to a minimum 10 feet (presently 3-4 feet). Some minor modifications are needed, but it is technically possible to develop the property as proposed. L_ I DEVELOPMENT GUIDE ANALYSIS The petitioner notified property owners of this request through a mailout. Included in this mailout was technical information and suggested reasons why the development would be beneficial to the neighborhood (see attachment 113). Efforts to involve the neighborhood in the planning process is positive and neighborhood response has been favorable. Staff feels that most technical and design features can be guaranteed through planned development zoning, but we disagree with the petitioner's absolute positive Z-1599 Page 4 DEVELOPMENT GUIDE ANALYSIS (Continued) assessment of the potential effect of this development on the character of the area. Some supportive respondents seemingly a free with the petitioner's theory that an office at this site will "enhance neighboring property values duo to new construc- tion and higher level zoning". It is difficult to predict the effect that this development would have on neighboring property values, but it is unlikely that there will be a sudden and all encompassing significant increase. It is also unlikely that an office of any type will generate less traffic than a duplex. It is significant to note that there has been a noticeable in- crease in requests of this nature in mostly older areas of the city. Some individuals have commented that they too will seek office or higher intensity zoning for their property if this petition is .approved. Neiggliborhood character and appearance is often affected adversely wE~en zoning stability is lacking because those individuals who are anticipating additional re-zoning some- times feel that there is little economic incentive to maintain and upkeep their property. The Development Guide designates this area as low intensity and strongly insists on special treat menc of older neighborhoods throw hoot the city. Staff feels that zoning and neighborhood stab lily can best be preserved by denying this request. Ai>proval of this request would also undermine specific policies discouraging tatrip commercial land use along; major thoroughfares. Carroll. Boulevard is particularly subject to pressures for highvt intensity zoning and each time a request of this nature is ap- proved the policy discouragin strip commercial is diluted. A vacant office tract exists a hundred feet south of this tract and Carroll. Commerce Center is within reasonable proximity. An office exists north of West Prairie at the edge of a rosiden- tial area, and a similar request across the street is being considered on the same agenda as this. Existing office facili- ties are available for lease within reasonable distance of the proposed site, and appropriately zoned property is available in other areas of the city. Obviously, staff is suggesting that Z-1599 Page 5 DEVELOPMENT GUIDE ANALYSIS (Continued) there is a fundamental question of need that should be consid- ered in con,juction with this request. Thus far, the sole non- residential land use along Carroll Boulevard between the north side of Congress and Sunset Street is a day rare center with access from Coit Street. Approval of this request could enhance the potential of Carroll Boulevard becoming a corridor for 'nigher intensity uses primarily, and a major thoroughfare that is designed to move traffic, secondarily. CONCLUSION It is the intent of the Develo ment Guide and staff in appli- cation of its policies to be f~.exi')le to unique and individual- ized situations, but, neither the guide nor the city guarantees development of all property to the highest use desired by the owner or ucvelopment interest. Traffic considerations unique to this site, policies regarding older neighborhoods, concerns aboui continuing pressures for strip commercial development along Carroll Boulevard, ind the fundamental question of need makes it d'c'ficult to Justify approval of this request. RECOMMENDATION A simple ma ority (4 votes out of 7) is needed for a Planning and Zoning ,ommission recommendation. The motion to recommend denial of G-1599 failed by a vote of 3-2 at the Planning and Zoning Commission meeting of August 10, 1983' a subsequent motion to recommend approval of the request 'ailed by a vote of 2-3. In effect, there is no formal Plannin and Zoning Commission recommendation. A simple majority is all that is needed for City Council action. Staff strongly recommends denial of Z-1599. Z-1599 Page 6 ALTERNATIVES i. Approvo Planned Development (PD) and attach conditions. 2, Approve Planned Development (PD3 without conditions. 3, Do-ay request. ATTACHMENTS 1. Aerial. 2, PD conceppt plan. 3. lnformat.ion sent to area property owners by petitioner and some neighborhood responses. 4, Reply form total, 5, Property owner list. 6. Planning and Zoning Minutes of August 10, 1983. v h r ' ore e• a MC. 4 r • r ~ ' r 4 4' .0 ,w. G,a~~vU. ~jl~un ' a . ~ 5 ~ ~ . ~ I u ' , [ l.d'^ t`~ ~ II* III I~tlc~-+.aEl. p. Ho.N~ f•Na ~xxaaT~ ~U+~ Rte, i°tb~ M 1 M SvUrTtP ES Leva.-rloW 1111 um III, WII 111 nil . i 14 - - wE~-r ~~~~/aTta}J 11 LA 5x~ • aw ~ I 'I I I. L,~ i ~ II op'pIGE K'~Gl°I"T1oN i I, ~ la4 K to Ig4x {O lo4x IbV 1 ~ G t G ~wo _ _ - _ 104 I, I {Ifs - 1 W I, Fr WA x Zd~ 17~K ILi4' I I I O IC~q~, Lll~h[JL_I /~GG~'~ IOy~ iil Y~i ~ I~ A*ZA- Ito -2 15 dl~a to-T. JUPE 14 , Iqb$ 6/25/83 Dear Friends in the Congress/Carroll Blvd, Neighborhood, At the present time I am attempting to determine the feasibility of applying to the Planning and Zoning Commission for a change of zoning of the North/West corner of Carroll and Congress from Duplex to Planned Development, The latter would consist of restricted plans to place a small office building (around 1600 square feet) on the north part or the property, The projected plan would be to house two or three professionals in my field, resulting in low density occupancy and very little traffic incre=ase, As many people could tell you, my office is my "home away from home," and this idea has been a dream for many years. My practice is well -established and Denton is my permanent home, as it is for my husband, who teachs at North Texas State University in the Psychology Department. An additional factor is that I hold a degree in Art from the University of Texas at Austin, and have a strong sense of aesthetics about the decor, interior and exterior finishing, landscaping, maintenance, and the design of the building to blend with the neighboring structures. On this latter point, I want the building to look more like a comfortable residence tnan a sterile office building, and thus my building would not affect the overall character of the neighborhood. After considering the points and site plan which I have enclosed, I will appreciate your comments or suggestions concerning appli- cation for a zoning change, For this purpose, and for your conveniepce, l have enclosed a self-addressed postcard. Thank you. 4 ~ Mil VAJ4`n~so , Ph.D. 6/25/83 Points to consider concerning a change of zoning from Duplex to Planned Development on the North/West corner of Carroll+517d, and Congress Ave, 1, Enhancement of the values of neighboring properties with new construction and higher level zoning, 2. Owner occupancy and management (as opposed to the construction of a duplex which would be rental and largely unsupervised), 3. Professionals only as occupants, resulting in quiet and orderly schedules, k, Low density occupancy, three or four people. 5, Professional landscaping and maintenance. 6, Precedent has been established on both sides of Carroll Blvd, for granting of office zoning, 7. A restricted small office building will cause less traffic problem than a duplex, l,e., because this is a relatively busy and noisy corner location, probably only young people or singles would be interested in renting, resulting in four to six cars, frequent v4sitors, possibly odd hours, parties, and so on, a, No parking lot entry from Carroll Blvd, is being requested (see enclosed site plen0, GAmoLL tt~LV b W, MN 4b 7 W064 e6 oi~lr`hq~l. r Y 1 M IC,+-I•wI~L.. b, Now~e gun ~irx~aT~ JUI~~ lD, I°1 b3 GARY P, PATTON P1000 Al tAW P-0 bolt18i1 DENtON, RXAS 16"1 { 17381.1 {{8 July 81 1983 Millie Johnson, Ph*D. 419 South Carroll Denton, Texas 76201 Rei change of zoning from duplex to planned development{ Northwest corner of Carroll and Congress; Denton, Texas Dear Uri Johnsonl Jiaan and I are in receipt of your June 25, 1983, letter concerning the above property and y zoning change. Our only concern was that the three trees grouped together on the property be saved, and you have indicated that this will be dcxie. In view of that, we find your proposal very attractive and feel that the change should be made. Let us know if we can do anything further to assist-. you in fulfilling your proposed plans for the property, cerel r~ Gar P, Patton .tee/ 17~-'Cp-p N'~`'~'2./ cc~G'~'=-- ~~,er'~.~L-~~ x+ I t~. AU Vf a o It 1 r~ July 6 o,198~ Spaakt,16 fox my wifa and myself , af.'tex dis- aussion ldrn e;nei con, we have danidad that vie had rathor Have an o:Cfica bulld.n,; such us shown. Ln. youx plants; thou a d4,10,x, fc,urj?lux ur akartaOnnt ue4i.ldin~; ,ra feel. that an office. building such as you 4ava planned, prol)erly landscaped as shown. in_ ypux plans viould add to the attruetivenass of our nel6uborhoods it would certainly be betta:o than a vacant lot that catches trurash from. pass-- in Onus, (Wilford E. = erce) rte do not want an qId-_,house moved in such its the city allowed across tlxe streat from our Cli_,;uber of Cu.i:,.orce uffic3, PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1599 IN FAVOR IN OPPOSITION UNDECIDED Mrs, td, M. Mann None Received Eddie Lane 513 Congress 415 Normal Denton, Texas Denton, Texas 382-2274 382-9973 Una Bell Estes 714 Schmitz Denton, Texas 76201 382-5102 I 1~ 'I t II 11 1 1 - _',s. afixe• s fo.. ;ern G/ ' ~ `"DE C,:n.?rr<< f~tn~r, •71,x! - J 4 I n J -ALt C,I 5 t n~ r VIP to 6 b C n ~'rr I I Iq r' a- r : I _ L t~ :yi.l.:...s._._~.. I-~~ h i h r1 r • r _ r 1-- 4. C ^ f-Lac 1' & ~ hlinute5 August 10, 1983 Page 5 Mr, Mison stated this is a low intensity area and there is availability of public util.tJos. Robinson Roads condition is less than adequate, there is some evidence of pariodic count maintenance, Land use is logical for duplex ;end 4-p~ex development, Staff recommends approval of Z-1598, There was some discussion as to location of Loop 288, the southern extension. Mr, LaForte asked about street access, Mr. Crouch stated the requo,st war for a planned development because of the desire Cf the developer to work with the staff with regard to the street access, Chairman declared public hearing closed. Mr. Claiborne moved to recommend approval of Z•-1598 with t'he following conditions: 1) Density of.. development shall not exceed level shown on approved PD concept plan. 2) Physical design and dimensions of lots shall conform with approved PD concept plan. 3) Final internal street alignment shall be determined during platting stage; staff shall have the authority to revise, plans for streets if needed for future planning purposes or to provide logical link with adjacent subdivisions. 4) The property shall be platted in accordance with City of Denton regulations for subdivisions and land development. Seconded by Mr, Pearson and unanimously carried. (4-0) Mr. Juren arrived at the meeting. C.~Z-1599. This is the petition of Millie Johnson requesting a change in zoning from two family (2F) tc the planned development (PD) classification on a lot approximately 69' x 155' in size located at the north- west corner of Carroll Boulevard and Congress Street. (UNAPPROVED) If approved, the planned development (PD) would permit the construction of a 1,628 square foot office building. The property is more particularly described as lots 1 and 2, block 5, Carroll Park Addition. Mr. Ellison explained request, stated there were i:wenty reply forms mailed to property owners within 200 feet of the subject prt~perty nine reply forms were recieved in favor and none were received in opposition, N & Z Minutes August 10, 1983 Page 6 Mrs. ,Johnson, petitioner, pointed out apartments across the street, vacant lot on southeast corner and Chamber of Commerce just south of it. She explained the process of conducting her own poll in which she received no opposition 14 poa;tcards were mailed out 7 are rent properties and 7 are owner occupied. The lot is presently zoned duplex and feels it would be a better situation to be zoned office as she would owner occupy; stated it would be a professional situation; not many people; no more traffic than duplex; no entry from Carroll and does not want to change the character of the area. Bob Estes spoke in favor of request, his aunt owns the subject property and he feels this area is much desired for office development. He feels on a long range plan Carroll Boulevard is the best area for office development. No one spoke in opposition. Mr. Ellison stated lot is 69 feet x 155 feet totalin 10,695 square feet on the northwest corner of Carrolt Boulevard and Congress Street, there is a junior high school in the vicinity which influences traffic greatly and feels the requested zoning would generate more traffic that a duplex. He stated this is a residential area and the staff is opposed to the request. He mentioned this change if approved would signal neighborhood to more of this type development and property owners may not continue to up keep their property. Staff opposes "piecemeal" zoning along Carroll Boulevard. Mr. LaForte asked if he understood correctly there was no other commercial development between Congress to lies twat' . Mr. Ellison stated only a daycare business. Mrs, Johnson with regard to the Strip Commercial policy feels this small office building does meet requirements. In response to question of saving the stand of trees on the lot Mrs. Johnson stated she would modify her plans to save the trees. Mr. Ellison stated there should be a specific condition to protect the trees if request were to be approved, N ~ Z Plii~ute~s August 10, 1983 Page 7 Chairman closed public hearing. Mr. Juren inquired about the curb out needing to be 45 feet from what point of intersection. Mr. Clark responded the curb cut should be approximately 40 feet from the center of the intersection of Congress and Carroll Boulevard. Mr. Juren made a comment that this could set a president and cause an eventual downfall for the rest of Carroll Boulevard. Mr. Claiborne moved to recommend denial of Z-1599. Ms. Cole seconded the motion. Vote was called; Aye - Claiborne, Cole and LaForte Nay - Juren and Pearson. (3-2) Motion failed. Mr. Pearson moved to recommend approval of Z-1599. Seconded by Mr. Juren. Vote was called; Aye - Juren and Pearson Nay - Claiborne, Cole and LaForte. (2-3) Motion failed. D. Z-1597 and S-171. This is the petition of the City of Denton reques ng a change in zoning from agricultural (A) to the light industrial (LI) classification, and approval of a specific use permit for a sanitary land-fill, on a tract of land containing 36.082 acres located east of Ma hill Road along the south side of Foster Road (also known as Edwards Road). Mr. Watkins explained there were three (3) reply forms mailed to the property owners within 200 feet of the subject property and no reply forms were returned. Part of the property is in the city limits. Bill Angelo, representing the Sanitation Department for the City of Denton stated he does support the change of zoning, closing of the old landfill is scheduled for January 30th, 1984 as required by the Health Department. New location is needed now. Lewisville would be closest landfill to haul to but would be very costly. Mr. Juren asked what the life expectancy o this landfill would be and how long had the existing one been in operation. ~--a PLANNING AND ZONING COMMISSION Recommendation to the City Council. To; Denton City Council Caso Nos. Z-1600 and S-173 Meeting Date; September 6,1983 GENERAL INFORMATION Applicant: City of Denton Status of Applicant; Owner Requested Action; Change in zoning from agricultural (A) to the light industrial (LI) classifi- cation (Z-1600) Approval of a specific use permit for a sewage treatment plant (S-173) Location and Size; 236.14 acres b q inning east of Mayhill Road and including property located north, south and east of Foster Road Existing Land Use; Sewage treatment plant and vacant land Surrounding Land Use and Zoning: North - Single family, agricultural., vacant; ETJ South - Single family, agricultural, vacant; A, ETJ East - Single family, agricultural, vacant; ETJ West - Single family, agricultural.; A Z»1600 and 8-173 Page 2 ANALYSIS The sewage treatwent plant and su,,.-rounding public property was acquired by the city in two or three separate transactions be- tween 1961 and 1982 Expansion of facilities is imminent, but details of how expansion will occur and where facilities will be placed on the property has not been determined, One major objective is to designate and identify the subject property in x manner that is consistent with the existing and anticipated public use of the land Abb}ricultural (A) zoning is not a sufficient designation. : Tiie Utility Department has supplied additional detailed information in an attached memorandum. RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-1600 and 5-173 by a vote of 5-0 ALTERNATIVES 1. Approve petition, 2. Deny petition. ATTACHMENTS 1. Aerial 2. Reply forms total 3. Property owner list 4 Memorandum from Assistant Director of Utilities 5. Planning and Zoning Minutes of Augut:t 10, 1983 1l!F;"1,1/i ~ 'lT 1 r, ~ ~ 'd'~ Iti Y'' f ii1 J ~ ` yI~ 1. ~ 1 ~ ~Y,. Y + ri ~ p 1~ ~k i ~ ~ •ti y, + ~ ~ ! h c ! In' t Y+w Y ~~yIM-Y.~ Ih y u .l 1' N.~1! e r i, ~1~ t I 1b ,9'r` Ir. ~''~i~~l ~ +1.,y`, tGYOY i ~IMa: ,F M~ y «r i'~y I: F Y' / 1' ' 1~ ' ~ . nY,~ly~ly,.,~yy"li~l 1 ~ ~41,yY1 t I` ' ' ♦ ~ ~'♦'r ~ '~~i'i Y f 1 ~~J~ b Z~ Itp, ~ !T i ~ 3 ~ r. ~ Y~ •,~i~~~ ~ ~ ~~l ~ tit 14 e ' yJ~se Anjy. ~ ~ • ,~C , 1 J~ i ~ Jy r 1 ~ 1. Y d~ ~ i' , 114 15. ~'11.~`' j.r ,frp , ~ „(1 t1~ ~`^~4'~~f i.~~sl ♦ , Ar . ~j( ~I ~'j!~'r r 1. • J i n .t t I{{f~~ ~ rr t Y tMi} yr' + ~~`4Y., Y '.y 1 f ~ PROPERTY OWNER REPLY FORMS CITY COUNCIL, Z-1600 & 5-173 IN FAVOR IN OPPOSITION UNDECIDED gone Received Linda C, Bailey Route 2, Sox 647A Denton, Texas All, C, 7 tiles r G 1~ ! --Ica 44~j) ,r r,~~n,~ '7E xu .tip - &ip S 7 1 hit ~!I f Cldi I/ ~.~Pr711drJ_ _ 3 r 1 ' l J9p 71.nc t ; . R P(Lgy 1,4l;~r, _ pry ._._.-.r..~~~_.~-..__._ ~ ~~._.~ZL.4[U~~1'~C~~4'~/i ~C1 ~.~ei~lA.( ~1• r="1 it A) L- r l i f • LLO-L CITY OF 044NTON U7JJ.J7J1W! M E M 0 R A N D U M ..1 91 T0; David Ellison, Development Review Planner MON: C. David Nam, Asst. Dir, of Util., Water/WasLewater Div. DATE: August 15, 19K3 It E; Planning and Zonlmm Commission Case NL1600 and 5173 The Planning and Zoning Commission approved the change of zoning from agricultural [A] to li;hl; industrial [1.IJ and approved a special use permit for Lhe Sewer Plant. This approval was made at the Planning and Zoning Commission meeLing of August 10, 1983. The underiiigned gave a presentation for reasons of the zone change as follows. The Sanitary Sewer [slant which is located adjacent to Mayhil.l Road, inside the City limits, was constructed in the 1970's and at that time, tl,e City of Denton was 110L nearly as large as it is now. A second generation plant was constructed adjacent to the old Sewer Treatment: Plarit and was completed in April of this )Wear. With tl,e rapid growth of the City of Denton, it is anticipated that additional sewer treatmonL facilities will be added in the fULl.lre and the land which presently lies vacant will have a definite value when this plant is added to in the future. The property from the present Wastewater Treatment. Plant toward Mayh111 Road lies on somewhat of a hill. A long range plan is to construct large equalization basins for flood control at this high elevation. Denton is subject to periodic flooding along Pecan Greek, adjacent to the Wastewater Treatment Plant and this constitutes infiltration into the sewer lines causing tremendous increase of sanitary sewer flows into tile, Wastewater Treatment Plant. With the future large equalization basin this increase flow could be contained and fed through the Treatment Plant- in an orderly fashion rather than tl,e Water Treatment Plant having to dulnr) raw sewage under. 1:loodin conditions into Pecan Creek, thereby violating our NPDES permit Witt, the EPA. Another reason for changing; the zoning from agricultural to light industry for this entire c;rea is to build a holding basin adjacent to the Wastewater Treatment Plant pumping effluent to the Electric Steam Plant for cooling purposes. There are times when the Wastewater Treatment: Plant has a large quanity of effluent and yet the Electric Plant does not require this water. This holding basin would provide it storage for water which could then be fed co the h1ectr1c Steam Plant upon request. We thereby save purchase of water from Dallas by recirculating the sanitary effluent .to tl,e Electric Steam Plant. ?.344U/7 Another reason for Lhis zoning transfer is to make available additional land for sludge particles injection. As the sewage is treated and the heavy sludge particoEls are contained in the digester these large particles can be fed by the digester by truck onto land through the sludgge injection method. `here is a continual neod for large acrea8os in odor to accomplish this task. There are other reasons for this zoning change; however, the overwhelming requirement is to alert citizens adjacent to the Sewage Treatment Plant that this plant is in fact an industry anci is subjected to large flows and some minor degre@ of order, which may alert developers to the need for selecting other light industry or other development which would not be adversely Offectud by this Sewage Treatment Plant operation. Sincerely, Cal- C. David Ham Asst, Dir, of Util. Water/Wastewater Div. CDEI/tdd I 2344U/8 l' & ~ i~inutas August 10, 1983 Page 8 Mr. Angelo stated 28 years life expectancy on the new location and the present one was opened in the late 60's to present and only allowed to remain due to several modifications made to be acceptable to the Health Department No one spoke in opposition to the request. g e present sewer plant Mr. Watkins showed map outlinin th with road to the proposed Landfill and the new proposed access road. He stated this location is the best site located so far, technically, and staff recommends approval. Mr. Claiborne questioned the access, would it be from McKinney to Mayhill? Mr. Angelo explained that the landfill would also e used by Little Elm, Pilot Point and Aubrey and the truck traffic can be regulated, limited only to the public using different routes. The truck route would be set up to go past the least number of residences in the area. Chairman announced public hearing closed. Ms. Cole moved to recommend approval of Z-1597 and 5-171. Mr. Claiborne seconded and unanimously carried. (5-0) E. Tz-1600 and 5-173. This is the petition of the City of Denton, requesting a change in zoning from agricultural (A) to the light industrial (LI) class ificati.on, and approval of a specific use permit for a sewer treatment plant, on approximately 235.96 acres beginning east of (UNAPPROVED) Mayhill Road and including property located north and south and east of Foster Road (also called Edwards Road), Mr. Ellison reported there were 14 notices mailed to property owners find none were returned. David' Ham, Assistant Director of Utilities, stated that the present sewer plant has an addition already and is in need of more additions requiring more land and a change in zoning from agricultural (A) to the light industrial (LI) classification on acquired property to add the Equalization Basins or holding during flooding conditions as some of land is in flood plain area); Holding Basin; irrigation tank, all required to update the sewer operations. Additional acreage is also needed for sludge injection area. L 1' & ~finuCes August 10, 1983 Page 9 No one spoke in opposition. Mr. Ellison stated he felt that Mr. Ham had adequately covered the request and said the staff recommended approval. Public hearing closed. Mr. Claiborne moved to recommend approval of z-1600 and S-173. Seconded by Mr. Pearson and unanimously carried. (5-0) F, Approval of the >reliminary and final replat of lots 1 and 2, block 1, N. Skiles Addition. Mr. Ellison explained the lots are located at the southwest corner of Bolivar Street and Sunset Street, The property is zoned single family (SF'-7) and the intent of the replat is to divide an existing 165 foot x 190 foot lot into two (2) separate lots. Both lots will comply with zoning ordinance standards, however, no immediate development is anticipated. Mr. Ellison explained the request of replat and stated that the replat does meet all requirements and mentioned staff feels that the waiver for street improvements of Sunset Street should not be granted. Sixteen notices were mailed out. None were returned. Tom Irlbeck, property owner, is replatting the subject lot to refinance part of the property for financial reasons and felt if he had to do the required improvements on Sunset Street for the estimated $5 000.00 it would defeat his purpose and requested a waiver of the same. On question from Mr. Juren, Mr. Ellison stated the improvements to the street can not later be required of a new owner. Mr. Irlbeck stated his purpose of replatting was not to sell but for upgrading of present home, again the estimated $5,000.00 street improvements would defeat his purpose. Public hearir.,g closed. Hr. LaForte stated lie is in favor of the replat and also for a recommendation to grant the waiver of improving Sunset Street. ' J 9 6 L I~1/ NO. AN ORDINANCE MENDiNU THE ZONING MAP OF THE CITY OF DENTON, TEX?.o, AS SmW WAS ADOPTED AS AN APPENDIX TO THE CGDE OF UkDINAANCES :•F THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69.1, AND AS SAID Mai APPLIES TO APPROXIRATBLY 235,96 ACRES OF LAND OUT )F THE G. WALx.ak SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; AND MORB PART; CULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIY6 DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS! SECTION I. The Zoning Classification and Use designation of the following described property, to-wit! BEGINNING at a stake at the southeast corner of a 40,93 a:re tract, conveyed by W.L. Henson and Jewel C, Henson to Wm, T, Evers October 7, 192.1; THENCB west with tna south line of the tract a distance of 6)4 feet, to a point that is the southwest corner of this tract, 15 feet west of a stake that is on the said south line; THENCE north 709.00 feet to a point for the northwest corn.; f this tract; being 50 feet south and 15 feet vest of the sout?,etst corner of a tract belonging to Calvin Gabbert; THENCE east 75.00 feet to a stake; THENCE north 47044' east, 297,3 feet to a stake; THENCE north 42,5 feet to a stake on the bank of Pecan Creek; THENCE with the bank of Pecan Creek north 06°00' east, 338.7 feet to a stake; THENCE south 215.00 feet to a stake; THENCE south 78000' east, 204.66 feet to a point; rHENCE south 974,75 feet to a point in the south boundary lint :f Wm. T. Evers land, and the north line of the N.T. ''Ailkerson lat.:; THENCE north S V30' west, 198.3 feet to the Point of beg., r-;-%, containing 17.93 acres, more or less. TRACT ONE Field notes to 18.8345 acres in G, Walker Survey, Ab. 1330, cen:cn County, Texas. All that certain tract or parcel of land situated in the G. •%a.>.er Survey, Ab. 1330, Denton County, Texas, being part of that c::ta:r: 32,0: acre First Tract and part of that certain l2.5 Second :Tact in a deed from I.E. Eawards et ux to o.I. Edwards on Jul:, . 1945, recorded in Volume 316, Page 368 and being pore ' described as follows; S 1'N]~G at , ;e.nce corner at the southeast corner -)r. ;ai,-i acre t1'sCt i!1 "lie east 1 ine Of the oiN acre :.~t 0 of 6,1:1 1. Subdivision of said 0, Walker Survey at a point 1594.4 feet north of the southeast corner of said Lot 6; (HENCE north 57°111 3611 west with a fence 2405.17 feat to an axle; THENCE north 11411 08" east along and near a fence $41.96 feet to a fence corner; THENCE north 87°371 5411 west with a fence $73.31 foot; THENCE north 28°561 00" east 585,11 feet; THENCE north 26221 0611 east 566,71 feet; THENCE south 7410S1 01" east with a fence 11079,75 feet to a corner in Pecan Creek; THENCE down the middle of Pecan Creek Frith its meanders the following 9 courses and distances: ll) south 860011 24 east 413,93 ft. (2) north 740581 4911 east 8U,29 ft. (3) south 06.451 0311 east 41140 ft. (4) south 9°481 5U 11 west 82.92 ft, (51 south 10°021 0111 west 74.50 ft. (6) south 24419 551' west 55,15 ft. i7) south 4°191 3211 west 64.13 ft. (S) south 7115' 34" east 130.31 ft. (9) south 37029' 1S" east 26,28 it. to corner in said creek; THENCE south 4°111 2211 west with a fence and the east bouaaary line of said 82,62 acre tract a distance of 744.55 feet tc t h a point of bog inning, containing 78,5345 acres of land. TRACT T'WU Field notes to 681000 acres in the Gideon Walker Survey Abstract 1330, Denton County, Texas. All that certain tract or parcel of land situated in the G. 11 leer Survey, Ab. 1310, Denton County, Texas, being part of a certain (called) 108.05 acre tract describea in a deed from J wl :&eilLim , et ux, to N.T. Is'Ilkerson, et ux On January 7, 1953, recordea in Volume 385, Page 87, Deed Records of said County, and being more particularly described as follows: BEGINNING at the southeast corner of said 108.OS acre tract in the middle of Pecan Creek; THENCE north 72012' 10" west with a fence 2480.5 feet to a fence corner; rHELNICE north "S41 11" east with said fence 116.3 feet to a c>rner in a gravel road; THENCE north 360141 44" west in said road 999.46 feet to a corner; THENCE north 14451 1611 east 1045,71 feet Co a steel pin in a fence; (HENCE south 36°041 0911 east with said fence 1187.96 feet to an angle in said fence; THENCE south 47°041 5S" east l0 h said fence 971.1 feet to a corner in the middle of Pecan Creek; THENCE southeasterly smith the middle of said Creek its meanders the following 18 courses and aistances: (L) sou tn 320 05 .'v'1 nett J'. teat (d} SOut: 1°J 10" east 14_.1 t°.°. 1J1 °:?1 .j 11" n J). So .:1 ',•ti°5:51 JU1 :a5t .71) 5'c ll th 15 CV'J-).ill :'r a:~l J,1 a,; L iL I foot (5) south 750131 101' wast 78,7 feat {6) south 3630" 'nest 101.3 feat (7) south S7°22' 2041 east 76,0 feet (8) south 77°04' $011 east 41114 feet (9) north 781231 40" east 39,8 foot (10) north 16°21' 1011 east 35,44 feet (111 north 89121 west 210,1 feet (12) north 480511 east 86.5 foot (13) south 691531 east 4315 feet {14) south 33°501 east 32311 foot (15) south 66°45' east 130,7 fa et (16) north 739481 east 95.8 foot (17) south 56459' east 80.0 feet and (18) south 70301 10" east 622.40 feet to the place of beginning, containing in all 68,000 acres of land, TRACT THREE All that certain tract or parcel of land sit -uatad i n the Gideon Balker Survey AbQtract 1330, Denton County, Texas, being a part of a certain called) 00, 140 acre tract described in a deed from Henry SI ,Miller Co., Trustee to Lotto E, Callahan on the 2nd day of August, 1977, recorded in Volume 847, Page 690, Deed Records of said County, and being more fully described as follows: BEG1vN1NG at a steel pin at the southeast corner of a City of Denton Sewage Treatment Plant Tract described in a deed from 'K.T, Dvers, at al to City of Denton on December 12, 1960 and recorded in Volume 463, Page 2601 Deed Records of Denton County, 'texas, and an inner southwest corner of said 430.140 acre tract; THENCE north 1°54 east along and near a fence a distance of 980.?0 feaet to a steel pin and (once corner at the east northeast corner of said City of Denton Tract; THENCE masterly with the t:orth boundary line of said City Tract the following S bearings and distances: (1) north 76106' west 220.0 feet (2) north 1°54' east 215.0 feet (3) south 67°54' west 388.7 feet (4) south 1054' west 42.50 feet (5) south 49°38' west 235.42 feet to a steel pin on the no•theasterly line of a road; THENCE north 381231 2011 west with a ienc^ and the northeast line of said road a distance of 61.96 feet to a steel pin and fence corner at an inner ell corner of said 430 acre tract; THENCE north 1°20' 58" east with a w,ost boundary line of said tract along and near a fence a distance of 237.56 Poet to a c?rnar in Pecan Creek; THENCE easterly and southerly with the middle of Pecan CreeK the following 17 courses and distances: (1) south 60618' ob" east 157.38 feet (2) north 710131 3S' east 518,28 feet i3) south 71041' 41" east 173,01 E e a t (4) south 67°481 261, east 297,15 feet (5) south 49116' 23" east 79.11 feet (6) south 81351 49" east 243,12 feet (7) south 31°49' 1811 east 169.01 feet (8) south 9S155 1611 east 223.65 feet (9) south 44°191 4911 east 137,92 feet (10) south 481u6' 12" east 242,88 feet (11) south 420 28 2811 east 39,0 feet (;2) south 6°04' 26" west 108.62 feet (l3) south 25°15' 45" west 70.50 feet (14) south 51°441 511, west 181.94 feet (15) south 12°43' 27" west 301,18 feet (16) south 52°11' 11" west 93,32 meet (17) south 41°41' 08" west 244.97 feet to a corner in said Pecan Cree'K on a south boundary line of said 430.140 acre tract; THENCE north 4815:' 43" west along and near a fence a distance of 712.26 feet to the point of beginning and containing in all :5,733 acres )f land. TRACT FO+IK t?,.+: cevt.irn :rac t or parcel Tana situated in the 61deon uVU•~lll' ~Jr uE,Ai U,A-Y,1 i 1HREE W'ali or Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430,140 acre tract described in a deed from Henry S. Miller Co., Trustee to Lotto b, Callahan on the 2nd day of Adjust, 1077, recorded in Volume 847, Page 690, Deed Records of said County, and being more fully described as follows! BEGINNING at a point lying In the south boundary line of said tract, said point lying south 87049' 09" east 109,2Z from the wast southwest corner of said 450.140 acre tract is Ma yhIII Road and the southeast corner of the MEP 4 PRR Co, Survey, Abstract 927; THENCE North a distance of 761,53 feet to a point for a corner in the north boundary line of said tract; THENCE south 88006' 15" east with a fence and the north line of a road a distance of 747,66 foot to an Iron pin and fence corner at an inner ell corner of said tract and a band in said road; THENCE south 58023' 20" east with a fence and a northeasterly line of said road a distance of 61.96 filet to a steel pin on a northerly boundary line of a City of Denton Sawage Treatment Plant tract described in a deed from W.T. Evers at al in Volume 403, Page 260, Deed Records of 0onton County, Texas; rHE,s'CE south 49038' west with a north boundary line of said City tract a distance of 11.88 feet to a steel pin at an angle; THENCE north 8d°06' west a distance of 60,0 feet to a steel pin at the west northwest corntrr of said City of Denton tract;. THE,VCE south 1054' west along and near a fence a distance of '99,0 to a steel pin and fence corner at southwest corner of said City of Denton Bract; THENCE north 87°5U' 41" west with a fence and a south boundary Tina of said 430,140 acre tract a distance of 693.69 feet t, a steel pin at a fence corner angle; THENCE north 87°49' 09" west with a fence a distance of 193:,91 feet to the Point of Beginning and containing 12,43 acres of land is hereby changed from Agricultural "A" District Classification Use to Light Industrial "LI" 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 :4th day of January, 19b9, as an Appendix to the Code of Ordinance; of t h a City of Denton, Texas, undor Ordinance No, 69.1, be, and the same is hereby amended to show such change in District Classifi - cation and Use. 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 Cite of Denton, Texas, and with reasonable consideration, among her thin ss for the character of the district and for its peculiar suitability or, particular uses, and with a view to conserving the value of the buildings, protecting human Lives, and encoura5ing the most appropriate uses of land for the maximum benefit to ;he City of Denton, 'Texas, and its citizens, "•ioou - CITi U1' 00[+,:N-PAuL roan , SECTION III. That this ordinance shall be In full force and effect immediately after Its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Toxas, after giving due notice thereof, PASSED AND APPROVED this the day of , 1963 RJUJAM) U. Slb~ART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY JF DE,NTON, TEXAS APPROVED AS TO LUAL FORM: C. J. TAYLOR, JR., CITY ArTORNEY CITY OF DENTON, TEXAS aY; .•i~U U•~i; 'f OF ~F..'.i J,A-~.i r1Tt ' 496E ~ ~ t AN ORDINANCE GRANTING A SPECIFIC USE PIIRMIT AND MENDING THE 'ON- ING AAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOP1ED AS Ali APPENDIX TO THE CODE OF URVINANGES OF 'THE CITY OF OENTON, TEXAS, BY OKDINANCE NO. 69.1, AND AS SAID MAP APPLIES TO APPROXIMAr,ELY 23S.96 ACRES OF LAND IN THE CITY AND CUUNTY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SECTION 1. 'rho toning Classification and Use designation of th+j following described property, to-wit: BEGINNING at a stako at the southeast corner of a 10.43 acre tract., conveyad by A',L Henson and Jewel C Henson to Wm. T. Ever. October 7, 1924; THENCE west with the south line of the tract a distance of b45.Oo feet, to a point that Is the southwest turner of this tract, being l5 feet west of a stake that is on the said south line; THENCE north 70V.00 feet to a point fur the northwest corner of this tract; being SO feet south and 1S feet west of the southeast corner of a tract belonging to Calvin Gabbert; THENCE east 75.00 Poet to a stake; THENCE north 47444' oast, 297.3 feet to a stako; THhN(; north 42.5 feet to a stake on the bank of Pecan Creek; THENCI with the bank of Pecan Creek north bbOO0' east, 388." :eat to a stake; THENCE south 215.00 feet to a stake; THENCE south 78400' east, 204,66 feet to a point; THENCE south 974.75 feet to a point in the south boundary lire of Im, T. Evers land, and the north line of the N.T. Wilkerson land; TH6NC9 north 51°30' west, 198.3 feet to the point of beg inni;ig, containing 17.93 acres, more or less. TRACT ONE Field cotes to %3,3345 acres in G. lialkr,r Survey, Ab. 1330, Venton County, texas, Ail that certain tract or parcel of land situatod in the G. '.aiker Survey, Ab. 1330, Denton County, Texas, being part of that certain 32.63 acre First Tract and part of that certain 42.5 Secona Tract in a deed from I.E. Edwards et ux to E.1. hdward.s on Jui± '5, 1945, recorded in Voiume 31b, Page 363 and being more fu 11 described as fellows; c;r.v:.~NIN j it s fence ccrner at tii e 50 Ut0 uast turner of $ 11,1 a re :race io the east line of the 2!9 acre tot o of Joke nen J - l3 -CiV1 ur dENIv,N•PA6E J:N.: Subdivision of said G. Walker Survey at a point 1594.4 feet north of the southeast corner of said Lot 6; THENCE north 37°11' 36" west with a fence Z405.17 feet to an axle; THENCE north 1041' 0a" east along and near a fence S41.96 feet to a fence corner; THENCE north 87037' 54" west with a fence 373.31 feet; THENCE north 28056' 00" east 58$.17 feet; THENCE north 2022' 06" east 566.71 feet; THENCE south 74°05' 01" east with a fence 2079.75 feet to a corner In Pecan Creek; THENCE down the middle of Pecan Creek with its meanders the following 9 courses and distances: ( I ) south 86101' 24 east 413.93 ft. (2) north 74458' 49" east 80.29 ft. (5) south 68°45' 03" east 41.40 ft. (4) south 9948' S0" west 32.92 ft. (5) south 10002' 01" west 74.S0 ft. (6) south 24°191 SS" wost S$ 15 ft, l7) south 4110' 32" west 62.13 ft (3) south 7°15' 34" east 130.39 ft. (9) south $7°29' 15" east 2o.28 ft to corner in said crook; THENCE south 4011' 22" west with a fence and the east boundary line of said 82.62 acre tract a distance of 744.55 foot to the point of beginning, containing 78.834S acres of land, TRACT TWO Field notes to 63.000 acres in the Gideon 'alker Survey Abstract 1330, Denton County, Texas. All that certain tract or parcel of land situated in the G. A''alker Survey, Ab. 1330, Denton County, Texas, being part of a certain (called) 108.05 acre tract described in a deed from J, 1V. Se11um, et ux, to N,T. Wilkerson, et ux, on January 7, 1953, recorded in Volume 385, Page 37, Deed Records of said County, and being more particularly described as follows BEGINNING at the southeast corner of said 108 05 acre tract in the middle of Pecan Creek; THENCE north 72°12' 10" west with a fence 2480.5 feet to a fence corner; THENCE north 2°54' 21" east with said fence llb.8 feet to a corner in a gravel road; THENCE north 36°l4' 44" west in said road 999.46 feet to a corner; THENCE north 3°45' 1.6" east 1045.71 feet to a steel pin in a fence; THENCE south S6°04' 09" east ,rith said fenca 1387.96 feet to en angle in said fence; THENCE south 47'01' SS" east with said fence 975.1 feet to a corner in the middle of Pecan Creek; THENCE southeasterly with the middle of ;aid Creek with its meanders the following I3 OUrSe S and distances: (11 south 328 t13' ,rest u.' Eeet t2) South 1°5 3t1" east .l •:-.1 feet 3) h °S6 SU" east 250.5 feet il) SJUCfl 4' 'f u" .rest S•I'3 X115 U1, uL\IJ\-Y.k6 i feet (5) south 75013' 10" west 78,7 feet (6) south 36°57' 30" west 101.3 feet (7j south $7022' 20" east 76,0 feat (8) south 77004' $0" east 411,1 feet (9) north IS°23' 40" east 39,5 feet (10) north 16021' 10" oast 35,44 feet (11) north 8012' west 210,1 foot (12) north 48151' east 86,5 feet (13) south 69053' east 43,5 feet (141 south 33050' east 323,1 feet (15) south 64°45' east 130.7 foot (16) north 73048' east 95.3 feet (17) south $6059' east 80.0 feet and (18) south 7030' 10" east 622.40 feet to the place of beginning, containing in all 68,000 acres of land, TRACT' THREE All that certain tract or parcel of land situated in the Gideon }calker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430.140 acre tract described in a deed from Henry S, Miller Co., Trustee to Lotta B. Callahan on the 2n3 day of August, 1977 recorded In Volume 847, Page 630, Deed Records of said uou,ity, and being more fully described as follows, BEGINNING at a steel pin at the southeast corner of a City of Denton Sewage Treatment Plant 'tract described in a deed rom Evers, et al to City of Denton on Docember 12, 1960 and recorded in Volume 463, Page 260, Deed Records of Denton County, Texas, and an inner southwest corner of said 430, 140 acre tract; THENCE north 1°54' east along and near a fence a distance of 980.70 feaet to a steel pin and fence corner at the eas: northeast corner of said City of Denton Tract; THENCE we sterIy with the north boundary line of said City Tract the iollowtngg S bearings and distances: (1) north 76°06 west 220 0 feet (2) north 104' east 215,u feet (3) south 67°54' west 388.7 feet (4) south 1°54' wetit 42.SU feet (3) south 49038' west 285,42 feet to a steel pin on the northeasterly line of a road; THENCE north 38°23' 20" west with a fence and the northeast Tina of said road a distance of 61.90 feet to a s t e e i pin and fence corner at an inner ell corner of said 430.110 acre tract; THENCE north t°20' 58" east with a west boundary line of said tract along and near a fence a distance of 237,50 feet to a corner in Pecan Creek; THENCE easterly a•,d southerly with the iniddle of Pecan Creek the following 17 courses and distances: (i) south 600 IS' 06" east 157.53 feet (2) north 71'13' 35' east 516.23 feet (3) south 71141' 41" east 173.01 feet (4) south 67'48' 26" east 297.75 feet (5) south 49116' 23" east 79 11 feet (6) south 3'35' 49" east 243,12 feet (7) south 31019' 18" east 169,Di f a e t (8) south SS'SS' 18" east 223.65 feet (9) :south 44°19' 49" east 131.92 feet (10) south 43°06' ieast 242,118 feet (11) south 420 28' 23" east a9 0 feet (ll.) south 0'04' 26" Crest 108.62 feet (13) south 25'15' 15" west 70,50 feet (14) aouth 51°44' 51." west 187,94 feet (1S) south 12043' 27" west 301.18 feet (I 5j south 52°11' 17" west 93.32 feet (17) south 41°41' 03" west 244.97 feat to a corner in said Pecan Creek on a south boundary line of said 430.140 acre tract; THENCE north 46152' 4;i" west along and near a fence a distance of 722,26 feet to the point of beginning and containing in all 25.7133 acres of land. TRACT FOWL Ii that certain ..ac. ,r parc.l a,t3 s...: :ec in . 'he iuon 5•173-CITI OF 0ENION-i,.W8 tKt:t iti'alker Survoy Abstract 1330, Denton County, 'fox as, being a part of a certainCalled) 430,140 acre tract described in a deed from Henry S. Miller Co., Trustee to Letts E. Callahan on the 2nd day of Adjust, 1977, recorded in Volume 847, Page 690, Dead xecords of said County, and being more fully described as follows; BEGINNING at a point lying in the south boundary Tina of said tract, said point lying south 87°49' 09" east 1239,22 from the west southwest corner of said 430,140 acre tract in Ma yhIII Road and the southeast corner of the MEP S PRR Co, Survey, Abstract 927; THENCE North a distance of 761,53 feet to a point for a corner in the north boundary line of said tract; THENCE south 88°06' 15" east with a fence and the north lino of a road a distance of 747,66 feet to an iron pin anu fence corner at an inner all corner of said tract and a bend in said road; THENCE south 38023' 20" east with a fence and a northeasterly line of said road a distance of 61,96 feat to a steel pin on a northerly boundary line of a City of Denton Sewage Treatment Plant tract described in a deed from h',T, Evers at al in Volume 4s3, Page 260, Deed Records of Denton County, Texas; THENCE south 49438' west with a north boundary line of said City tract a distance of 11.88 feet to a steel pin at an angle; THENCE north 88°061 west a distance of 60,0 feet to a steel pin at the west northwest corner of said City of Denton tract; THENCE south 1054' west along and near a fence a distance of '19,0 to a steel pin and fence corner at southwest corner of said city of Denton tract; THENCE north WSW 41" west with a fence and a south boundary line of said 430.140 acre tract a distance of 693,69 fast to a steel pin at a fence corner angle; THENCE north 87°49' 09" west with a fence a distance of 19391 feet to the Point of Beginning and containing 12,43 acres of land, which is classified as light Industrial 'ILI" District Classifi- cation Use under the Comprehensive Zolring Ordinance of the City of Denton, Texas is hereby changed and a Specific Use Permit is hereby granted for the use of said property for a municipal sewage treatment plant. rho Zoning map of the City of Denton, Texas, adopted the loth day of January, 1969, as an A pendlx to the Code Dl' Ordinances of the Cit, of Denton, Texas under Ordinance No, 69.1, be, and the same is hereby amended to show such change in District Classification and Use. SECTION I1 Shat 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 for the character of the district and for its pe;:uliar suitability or particular uses, and with a view to conserling the value of the buildings, protecting human lives, and enc)uraging tf,u !most appropriate Uses 4f land foi the Ia.IllrtlUai Oelll:tli t2 the ~1C Jf Ue iiC Olli 't e:\1s, allu Its .;ltitens. ~•1 4.1,1;1 JF Ul:.\IIJ.\•1'.ilrh I•UUrC , 1 1 SECTlUN I11, That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore bean hold by the Planning and 4o%4 n& Commission and the City Council of the City of Denton, Texas, after giving due notico thereof. PASSED AND APPROVED this the day of , 1983. KILMARU U. ,1 ALAYUK CITY JF DENTON, TEYAS AT TEST , Zv CITY 'UF DENTON, TE1r,S APPROVED AS TU L6GAL FORM; C. J TAYLOR, Jk., CITY ATTORNEY CITY OF DENTON, TEXAS J-.'~'llII OF JI;:,ioo VAu~ 'riiL CITY OF DNNTON WHORANDUM TO: Mayor and Members of the City Council I FROM: Charlotte Allen, City Secretary DATE: September 1, 1983 SUBJECT: Back-up Materials for Agenda Item #3.G The notification for the public hearing on the 1983-84 budget has been published. There is no written back-up material for this agenda item. Thank you. Ct1`-&r_1ott7e Allen ca 0999C t41L NO. AN ORDINANCE MENDING ARTICLE IV "TAXICABS" OF CHAPTER 26 OF THa COUB OF ORDINANCES OF THE CITY OF UEN'I00 TEXAS, BY AOUING A NE"t SECTION 26•S2.1, EXEMPTING LIMOUSINES FROM THE REQVIREFibXr$ 0: VEHICLE, LETTERING ANU Tf,XIMBTERS, AND UECLARIN6 AN BFFEC'FIY: DATE. THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: PART I. That Article IV "Taxicabs" of Chapter 26 to the Code o; Ordinances of the City of Denton, rexas, is hereby amended 'z adding a new Section 16.52.1 to read as follows: Section 24.52.1 • LIMOUSINE EXEMPTION Notwithstanding the provisions of Section 26-SO and Section 26.52 of this Article, it shall not be mandatory that a motor vehicle operated as a limousine service and charging a set trip fee or an hourly foe, by advance reservation, to have the name of the owner or trade name printed or affixed to the Boor or rear of the cle or be required to have a taximeter installed in such vehicle, provided that all trips or hourly fees shall be filed at all times with the City Secretary of the City of Denton, PART II. That this ordinance shall become effective imimediately ur,:. Its passage and approval. 1 AR . S i , nA R CITY OF DENTON, TEXAS ATTEST: CHARLOTTE XI- LEN, CITY ShMiAKY CITY OF DENTON, TEXAS APPnOVLIl AS TO LEGAL ',~URM: C. J. rAYLOR, JR., CITY ATTORNEY CITY of DEN'WN, WAS JL> NO,~ AN ORDINANCE WHpREBY THE CITY OF yDENTON) ,MAS, GRANTS THE I TNBHTSOUTHWSgST,GEGRANTEE RAN ANIDEITSCRAS0RSLEANDpNHJ$0GgtiMV TO 01 aOO~URUCU~DBAREC~~BRU Al' 4CRMpM S KB P BLI,I ST~t~H B TS PENVAV iN ! ALLEYS, BRIDGES, VIADUCTS AND PUBLIC IIGROUNDS OF SAID CITY, SUCH STRUC1tURSSLANb F5ICXTURESuVB~BSS'ARY0ORUCON'VKVIINTTFUR RB,\D~TLONEOF TELEPHONE AND OTHER COKMM CATION SERVICE ANU FOR CONDUCTING a I GENERAL LOCAL AND LONG DISTANCE TGLEPHONB BUSINESS; SETTING E FORTH CONDITION'S ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF CERTAIN OTHER PAYMENTS; PROVIDING FOR REGULATION AND USE OF THE rELEPHONS SYSTEM; AND PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES AND 'OR PARTIAL INVALIDITY, ;iHSREAS, General Telephone Company of the Southwest, hereinafter referred to as the "Telephone Company", is now and has been engaged in the telephone and communication business in the State of Texas and within this city limits of the City of Denton, Texas, hereinafter referred to as the "City", and in furtherance thereof, has erected and maintained certain items of its plant; and WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the parties establishing the conditions under which the Telephone Company shall operate within the City; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, rZiXAS, THAT; SECTION 1, GRANT OF RIGHT, PRIVILEGE AND FRANCHISE FOR CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICB There is hereby granted by the City to tho Telephone Company .:nd its successors or assigns, the right and privilege to construr,t, erect, build, equip, own, maintain and operate in, e along, under, over and across the streets, alleys, avdnues, bridges, viaducts and public grounds now within the present limits of the City and within saic limits as the same from time to tine may be extended, such posts, poles, wires, cables, conduits and other appliancas, str•Jetures and fixtures necessary or con v en Iaat for rendering telephone and other communication s:r,i:es and :or conductn3 a general locai ano long distance raldPnone ous:ness. a$CTI~ ON II, SUPERVISION BY CITY OF 60CATION OF POLLS AND CONDUIT That all poles to be placed shall be of sound material and rsa•, m~ibIy straight, and shall be so sot that they will not interfere with the flow of water in any gutter or drain, eid so that the same will interfere as little as practicable w!th the ordinary travel on the street or sidewalk, The loea,aion and route of all poles, stubs, guys, anchors, conduits snd cables to be placed and constructed by the Telephone Company in the construction and maintenance of its telephone system in the City, and the location of all conduits to be laid by .he Telephone Company within the limits of the City under this 1 ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City Council or of any City official to which such duties have been or may be delegated. All construction plans shall be submitted to ;he City for review prior to commencing construction. SECTION 111, STREETS TO BE RESTORED TO GOOD CONDITION That the surface of any street, alley, highway or public place within the City disturbed by the Telephone Company in building, constructing, renewing or maintaining its telephone plant and system shall be restored within s reasonable time after the completion of the wore; to as good a condition as before the commencement of the work and maintained to the satisfaction of the City Council, or of any City official to whom such duties have been or may be delegated, for one year from the date of the surface of said street, alley, highway or public place is broken for such construction ar maintenance work, after which time the responsibility for the maintenance shall become the duty of the City, No such street, alley, highway or public place shall be ancumbered for a longer p•riod than shall be necessar,,' co exacute the work, SECTION IV. OPERATION AND !IAINTENANCE OF TELEPHONd PLANT That the Telephone Company shall maintain it!i system in reasonable operating condition in accordance with Texas public ~4~F. Utility Commission Service and Transmission Standards at all normal times during the continuance of this agreemont. An exception to this condition is automatically in effect r.-hen service furnished by the Telephono Company is interrupted, Impaired, or prevented by fires, strikes, riots or other occurrences beyond the control of the Telephone Company, or by storms, floods, or other casualties, in any of which events the Telephone Company shall do all things, reasonably within its power to do, to restore normal service, SECTION V. TEMPORARY REMOVAL, OF WIRES That the Telephone Company on the request of any person shall remove or raise or lower its wires within the City temporarily to permit the moving of houses or other bulky structures, The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the Telephone Company may require such payment in advance, The Telephone company shall be given not less than iorty-eight (43) hours advance notice to arrange for such temporary wire changes. The clearance of wires above ground or rails within the City and also underground work shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated at the time of arection thereof. SECTION VI, TREE TRIMMING That the right, licanse, privilege and permission is hereby granted to the Telephone Company, its successors and assigns, to trim trees upon and overhanging the streets, alleys, sidewalks, and public places of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of the Telephone Company, and when so ordered by the City, said trimming shall be done under the supervision and direction of the City Council or of any City official to whom said duties have been or may be delegated, SECTION VII. AjNNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY That to indemnify the City for any and all possible damages PAGE 3 to its streets, alleys, and public grounds which may result From the placing and maintenance therein or thereon of the Telephone Company's poles, conduits, or other equipment or apparatus, and to compensate the City for its ouperintendence of this agreement, and as the cash consideration for the same, the Telephone Company agrees to pay to the '.ity annually during the continuance of this agreement a sum of money equal to two percent (21) of the annual gross receipts for the preceding year received by the Telephone company from the rendition of local exchange telephone transmission service to customers within the corporate limits of the City. The first payment hereunder shall be made March 31, 1984, and shall equal In amount to two percent (21) of the gross receipts received from ties date of January I, ',983 to December 31, 1983; and thereafter payment shall be made annually on March Slat, as herein provided. SECTIU"! VIII, OPFYANY OTHER SPAY ENTSBEXCEPT USUAL voiNERAL OR SPECIAL AD VALOREM TAXES That the City agrees that the consideration set forth In the preceding section hereof shall be paid a,ud received in lieu of any tax, license, charge, fee, street or allay rental or any other character or charge for use and occupancy of the streets, allays, and public places of the City; in lieu of any pole tax or inspection fee tax; it, lieu of any easement or franchise tax, whether levied as an ad valorem, special or. other character of tax; and in lieu of any imposition, except as provided in Section XIVV herein, other than the usual general or special ad valorem taxes now or hereafter levied. Should the City not have the legal power to agree.that the payment of the foregoing cash consideration shall be in lieu if the taxes, licenses, charges, fees, rentals, and easement or Franchise taxes aforesaid, then the City agrees that it will apply so much of said payment as may be necessary to the satisfaction of the Telephone Corpany's obligations, iE any, to pay any such taxes, licensett, chargis, fees, rentals, and easement or franchise taxes. r.C , SECTION 1X, FACIL1TIRS TO 88 FURNISHED CITY AS ADDITIONAL CONSIDERATION That in addition to the consideration set forth in Section VII, the Telephone Company shall hold itself ready to furnish, sub}sct to the use of the City, such wire space as may be required from time to time by the City upon the poles now owned or hereafter erected by the Telephone Company in the City for the use of the City's police and fire alarm system; provided that the required wire space shall not exceed four wires on any one polo, The location on the poles of this fire and police wire space shall be determined on specCfic applications for space, at the time the applications are received from the City, and will be allotted in accordance with the considerations for electrical construction of the United States Department of Commerce, Bureau of Standards, In ics wire construction on the Telephone Company's poles, the City will follow the suggestions and requirements laid down for wire construction in the Rules and Regulations of the Bureau of Standards of the United States Department of Commerce, All such wires shall be constructed, maintained and operated in suc!i manner as not to Interfere with, nor create undue hazard in, the operation of the telephone system of the Telephone Company, Tne Telephone Company shall not be responsible to the City for any claims, demands, losses, suits, juegments for damages or in;uries to persons or property by reason of the construction, maintenance, inspection or use of the police and fire alarm wires belonging to the City, SECTION X. ATTACHMENTS ON POLES NOT HERE AFFECTED That nothing in this ordinance contained shall be construed to require or permit any electric light or power wire attach- ments by the City or for the City, except that cable trenches shall be shared with the City where enginseringly feasible. If light or power attachments are desired by the City or for the City, then a further separate nonconcingent agreement shall be a prerequisite to such attachments by the City; however, joint use of pules under a separate agreement must be permitted, Nothing PAGfi ; herein contained shall obligate or restrict the Tolopone Company in exercising its right voluntarily to enter Into pole attach- ment, pole usage, joint ownership, and other wire space anc facilities agreements with the light and power companies ano with otherwise using companies which may be privileged is operate within the City. SECTION XI, NO EXCLUSIVE PRIVILEGES CONFSRRBD BY THIS ORDINANCE That nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, and this franchise is granted subject to all of the provisions of tr'.c Charter of the City of Denton. SECTION XII. SUCCESSORS AND ASSIGNS That the rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon t t parties hereto and upon their respective successors and assigns. SECTION X1II. LIABILITY OF CITY That during the period this or.iinance is in existence an. enjoyed by the Telephone Company, the Telephone Company shat: indemnify and hold harmless the City from any and all claims f:r losses, damages and injuries occasioned to or sustained by a:y persons, firms or corporations, or their property by reason :f the existence, maintenance, operation or continuance of this ordl.nanee and the exercise of all rights herein contracted fcr, except as herein otherwise provided. SECTION XIV, PERIOD OF FRANCHISE That the right, privilege and franchise hereby granted sna:: be for a period of twenty (20) years from and after ::s affective date herein after provided. SECTION XV, BREACH OF AGREEMENT rf the City shall believe that the Telephone Company ::as breached any provision hereof, the City shall give written notice theroof to the Telephone Company specifically point.,-.s out the breach complained of and the City shall take no fur :.tier action, legal or otherwise, by reason :f any such breach un:tss PAf F h and until the telephone company shall have failed to take steps to eliminate such breach for a period of sixty (60) days after said written notice is given, SECTION XVI. PARTIAL INVALIDITY AND RBPBAL PROVISION That if any section, sentence, clause, or phrase of this ordinance is for any reason held to be illegal, untra vtrss or unconstitutional, such Invalidity shall not affect the validity of the remaining portions of this ordinance and agreements in conflict herewith are hereby repealed. SECTION MI. DELEGATION OF AUTHORITY That the ,l%y may delegate to a designated official or officials the exercise of any and all of the powers conferred upon the City hereby or by appl,icabl.e State statutes and laws which relate to the supervision and regulation of the Telephone Company In Its exercise of the ri;hts and franchises herein conferred, but the governing body of the City shall reserve to itself exclusively and to the full ascent possessed, all powers, if any, to fix and regulate charges and rates of the Telephone Company given the City by law and this franchise. All lawful powers not delegated by the governing body of the City are reserved to, and shall he exarcised by, said governing body exclusively. That at all reasonable times, during the continuance of the rights herein granted, the local exchange and general offices of the Telephone Company shall be apen to the said governing body or its designated official for inspection of original contracts, books of account and cost operating records pertaining to its operations covered by this franchise, Any method of accounting heretofore or hereafter adopted or authorized by any law of the United States or of the State of Texas or under or pursuant to the authority of any such law shall be deemed proper and sufficient accounting as to all mattors covered thereby, SECTION XVIII, RATE REGULATION That it is mutually understood and agreed that any regulation or fixing of rates to oe charged by the Telephone PAGE 7 I, Company to this inhabitants of the City shall be pursuant to authority granted by the Public Utility Commission of the State of Texas, and in accordance with the laws of said Scdte in effect at such tlmesl provided, however, that if the Telephcne Company makes an application to change existing rates the Telephone Company agrees to reimburse the City of Denton or reasonable fees and expenses of any independent study and evaluation of the proposed rates by consultants, engineers, and attorneys specially employed by the City, That nothing in this ordinance is intended to add to or detract from any authority granted by the Legislature of the State of Texas to the City to fix or otherwise regulate the rates and charges of the Telephone Company. SECTION XVIX, ACCEPTANCE OF AGREEMdNT That the Telephone Company shall have sixty (60) days frcn and after the passage and approval of this ordinance to file its written acceptance thereof with the City Secrecary, and upon such acceptance being filed, this ordinance shall take affect and be In force from and after the date of its passage a.^,d approval by the ,Mayor, and shall effectuate and make binding tae agreement provided by the terms hereof, PASSED AND APPROVED this the day of 1983. PASSEL' AND APPROVED this the day of 1983, PASSED AND APPROVED this the day of 1983, MiARD 0. STEWART MA-M CITY OF DENTON, TEXAS ATTEST: CHARLOTFE ALLEN, CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTO1N, TEXAS BY: 1 tz-'-~ '4a I PAGE 4 T~ NU. AN ORVINA,VCK kiliNIIIVG SECTION 23.2(a) OF 1111i CUUU OF URDINANCq OF TIM MY UP UIINTONI TENAS TO MOVIUE hUR A SIX tb) NBRCENT I'Ax OF 'THE CUNSiARArIUN PAIV BY UCCUPANTS OF A HU'IBL ROOM IN T11b CITY OF DOWN, rUNAS, PROVIDING FOR AN WiFECTIVE VAI'L OF UCTUBSR 1, 1983. I'HE COUNCIL OF rHlz CITY OF DBN'fUN HEK&BY ORDAINS; SECTION 1. Section ~3.2(a1 of the Code of Ordinances of the City of Denton is hereby amended so that the same sliall hereafter reau as follows; (a) there is hereby levied a tax up,n the cost of occupancy )f any room or space furnished by any hotel where such cost of occupancy is at the rata of two dollars ($2.UU) or more per day, such tax to be equal t, six (o) percent of the consideration paid by the occupant of such room to such hotel, EC'I'I0N II. Phis ordinance shall become offective from and after October I, lia3. PASSED AND APPROVED this tnd day of 1983. XT`MR 1) U . STEF'M T.-WW- CITY UP DENTON, rhAAS ArrtST: u'H tLI , IS a, . CIT) UP Uli`'MN, l'Exd.S APPKUVLD AS TO LIIGAL FORM: C. J. MYLOR, JR„ CITY M rORNby CITY OF UGN'I' N, fhXt 8Y; - ORUISANCE•PAGE SULU Donton County Historlotll Commission C4urthomw on N $"we. 2nd P1oar Now, Toxv 74201 Mani 417/044.1447 1 O ~V~l 41µ.1M~~11111y Aliguat 91 1983 Mayor Richard 0, Stewart Mombers of City Council 2710 Crestwood Denton, Tenas 76201 Dear Mayor Stewart and Members of the City Councils On behalf of the Denton Cultural Confederation and the Denton County Historical Commission, mny I express our appreciation to you for your consideration of the Increase of the hotel/motel tax In order to ald the cultural arts, historical preservation and restoration to assist in pro- moting tourism for the City of Denton. None of us can accomplish much as separate organizations, bus: together we have made great progress with the initial funding, We feel like the, "sky is the limit" if the additional funding is received. Please find enclosed a summary of the continuation of and additional projects for the Historical Commission, We do encourage you to Increase the hotel/motal tax to benefit the citizens of Denton and Denton County, Sincer<)ly, Z n )Vlontio A, Jenkins Chairman I;NC s Denton County HisteriC41 Commission Caurthwe# On the Square, 2nd Floor Donton, Texas 70901 Phony 11 7 /060 1 48 7..,.., HSSLOJKICAI_' PR~.S IKLI AION_AND RN.STOR!1Ll l'1t0_~I:C_CS ADUITIONAI. FUNUIN~+ V1(r1 LA1.OR FUNDS CONTINUATION OF VROJFCI-'S and ADDITIONAL --source, for historical research and genealogy. Numerous out of AC~ltiv8- town people come here to conduct research. 2. Courthouse on the S uatro MuAOUmt Attendance increase of 63% (March-July) from 1982 to 1983. A. Developing brochure with (inventions/Tourlsm Bureau focusing on cultut'al and historical 9A.01 in Denton County 11, Museum Studies! Free cl.assu, to citizens. Maximum 14 per sassion, Both adult and children series (1) Cleaning of Paintings IIo A6i,.op--14 attonded, Wednesday noon hour (2) History of Developing of Paper Making, Relief Printing, Spinning and Natural Dyeing--Children's-series, 3 sessions, Fourteen parents up within 1st hour of registration--had 32 on walting list. especially pleased because had beer. taking their children to Pt. Worth. (3) Christmas Ornament Making in conjunction with Victorian Christmas, (4) PIonday's at the Museum--brown bag lunch, Guest lecture series to be held during the noon hour during the month of September, 1983. C. Develop and expand distribution of traveling exhibita--shopping centers, mall, bank lobbies, schools. D. Special. exhibit on llistoricnl Markers and Cultural Sites with the Conven- tion/Tourism booth at Nc,,eh Texas Vair in August of 1983. L. Contact with both Flower Mound and Lewisville Chamber of Commerce, Will prepare a colunn for mot,thly newletters.about places to visit in Denton. F. Brochures will be distributed at all area motels and to Newcomers Club members. C. Special projects and programs to be developed for Texas Sesquicentennial, 11, Mu, now open from .l to 5 i'M, Monday through Friday end 1 to 5 PM on Saturday and Sunday the second weekend of each month to be more accessible to tourists and local citizens, 1. Applying for scholarly research grants for cemeteries, Ray Roberts Lake which can be developed into permanent exhibits. J. Victorian Christmas at the Courthouse on the Square 3, Historical Commission Activities: A. Continued publication of. Denton County related history in books, phamplets, brochures, etc. B. Continued marking of historical sites and structures. C. Establish research center (archival program) for Ray Roberts lake with artifacts, exhibits and documentation, D. Contingent on approval of North Texas Fair Board, hope to establish permanent exhibits (barns, log cabin, farm equipment) at the Fairgrounds. Structures and equipment to come from Ray Roberts Lake project. `7 r ~CITY UN D4Yr0N `ibiMORANOUM . UArH UN AhUTING; September 6 1983 CITY COUNCIL AGE+NUA II'Lbi (USE bXACT WURUINU AS IThM IS 1'O RE PLAGbD ON A61:+NUA) Adoption of new minimum housing and building stanaards ordinance SUMMARY The proposed ordinance would replace the existing ordinance which the City Attorney's office has said was inadequate, Proposed Ordinance is much more derailed concerning legal procedures for enforcement of code. FISCAL SUMMARY Adoption of proposed ordinance should not cost the City ar..N- money nor should it produce any revenuo. ACTION REQUIREU; Adoption by City Council ALTERNATIVbS; Leave ordinance as is STAFF RECOMME+NDATIONS The City Building Code board has reviewed the proposed ordinance and recommends that it be adopted. EXHIBITS; MINUTES BUILDING CURB BOARD DBCBhlBIiR 2, 1982 Prasent; Bob Miller, Delbert Overstreet, Johnny Mozingo, Building Official Absent, Robert Horn, Mike Lewis, Cliff Reding, lid Stout I, Motion was made by Mozingo and seconded by Overstreet to approve the minutes of November 11, 1982, Motion carried unanimously, 1. Uverstreet stated that fie had three questions concerning the proposed Minimum (lousing and Building Standards Ordinance The first question was in reference to section $.55 which states in part that unvented fuel-burning heaters shall not be permitted. Overstreet asked if this was in reference to the primary heating system in a building or did it also include kerosene heaters, It was the opinion of other Board members that this section does apply to the primary heating system and would not Include kerosene heaters, The Building Official stated that this section came from the mechanical code and related to unvented, gas tired space heaters and that the mechanical code does not regulate kerosene heaters. Overstreet"s second question related to section 5-58(j) whir.h concerns hazardous or unsanitary premises. Overstreet sug*ested that the phrase, in the opinion of the Building Official or his representative be adde7 at the end of this section, Other Boar T mem ers agreed. Overstreet's third question concerned the need for a statement in the code which would give the Board the ability to waive any or all procedures required by the code. Overstreet was concerned about the possibility that a person whose property was found to be substandard might for some good reason not be able to be present at the hearing or be available to file an appeal within the time period allowed by the ordinance. Other Board members agreed with Overstreet. Miller suggested that such a statement might be inserted in section 5-63 by adding a subsection (d). Motion was made by Miller and seconded by Mozingo that the Board recommend to the City Council the adoption of the proposed Minimum Housing and Building Stl,Iards Ordinance with amendments as suggested by Overstreet contingent upon approval of amendments by the City Attorney. Motion carried unanimously, Meeting adjourned at 4,55 p.m. ND. AN ORDINANCE R$FEALINO THE 8XISTING MINIMUM HOUSIIIG AND BUI40ING STANDARDS CODE; ENACTING A NEIY MINIMUM HOUSING AND BUILDINt STANDARDS CODE TO PROVIDE FOR MINIMUM STANDARDS FOR ALL HOUSiNu AND BUILDINGS; TO PROVIDE FOR PROCEDURES FOR REPAIR OR ABATEMENT OF DFFECTIVB OR SU W ANDARD HOUSING OR BUILDINGS; TO PROVIDE FOR A PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF; TC PROVIDE FOR A SEVERABILITY CLAUSE; AND TO PROVIDE FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL UP THE CITY OF DENTON, TEXAS: SECTION I. Pllat Article IV of Chapter $ ("Minimum Housing and Building Standards") of the Code of Ordinances of the City of Denton, Texas, is lierebv repealed, SECTION 11. That a now Article IV of Chapter 5 of the Cods of Ordinances oe the City of Denton, Texas, Is hereoy adopted to read as follows: ARTICLE IV. MINIMUM HOUSING AND BUILDING STANDARDS DIVISION 1. GENBRAL PROVISIONS SECTION 5.14 . Title of Article This article shall os known as the Minimum Housing an Building Standaras Code. SECTION 5.45. LEGISLATIVE FINDING OF FACT It is hereby found and declared that tnere exists in tna City of Danton, Texas, structures used for human habitation and non-residential purposes, wnicn are or may oecome in the future, Substandard, diizpidated or unfit for human iiaoitation it :.I respect to structure, equipment, or maintenance; and further that 5uch conaitions together with rhad equate provision f:- 11 j h t and air, insufficient protection against fire 'n a,ar.is. lac l: of proper neating, insanitary :onditions, and overcrowdi'.i i !)nstitUC3 J menace to the o931in, 5aietT, '.eiiare, a'.. reasonaole :ome)rt of its iti-ens. Iz is fur Cher found 3".1 declared Cadt Lha existance OC 5ucn conditlJns, fact.,$, churacteristlcs ;,III, if not remedled, credte sium and Oilgntaa PAGE I areas requiring large scale clearance; and iurthe r that, in the absanca of corractiva.vioasura3, such areas will exporteneo a date rioratton of social values, a .urtallment of tnvestmant and tax revenue, and an lmpairmont of economic values. It is furthor found and declared that the astabltshmont and maintonanco of minimum structural and any IronmentaI standards are 4ssent ial to the prevention of blight and decay and the safeguarding e,f public nealtn, safety, ana welfare, SECTION 5•46, PURPOSE OF ARTICL2 The purpose of this article is to protect the public health, safety, and welfare of the aititans of the City of Denton, Texas, by ostaolishiag minimum stanaards governing the constructton, use, occupancy, and ,maintonanca of all buildings; establishing minimum standards governing utilities, facSlittes, and otner physical components and conditions essential to maks all buildings and structures safe, sanitary, and fit for human use habitation; fixing certain responsibilities and duties of owners, operators, agants, and occupants of all buildings; autnoriting and establishing procedures for tha inspection of all ouIIdings ana the condemnation ana vacation of those buildings unfit for human use, occupancy, and habitation, and fixing penalties for the vialation of the provisions of this article. This articla is hereby ieclarea to ba remedial Ina essential to the public Interest, and it is intended that this articla be liberally construed to efioctuate the purposes as stated above. SECTION 3•44. Definitions For the purpose of this articla, certain terms, pnrasas, or ds and their derivatives snall be construed as speeifiea aiclter this section or as specified in the Building Code. ~+ii are items are not deflned, cney shall nava their ordinary accapt~; neanings within cha context with which they ire used l1i Board is cne 3uiAIino Co,;a aoard Jf the Clty of lienton, Foxas. I ?AGL (1) utldin$ Code is the uniform Building Code pmnul- tew a}f'R~' International Conturance of Building fflclals as adopted, as amended, by the City of Denton, Texas, (3) a ~ffi~c~lo_rcc _Dwell in Unit Is a dwelling unit con, calm only -iha nu6ita01a room and ,meeting the require'nants of Section i•Sltcl. mechan :al Code Is the Uniform tlechanieaI Coda .1CaQ pr the International Conference of ullding Officials as adopted, as amended, by the city of Denton, Texas, • (S} Plumbing Coda is the Uniform Plumbing Code prumul- gated by the International Association of Plumbing and Mechanical Officials as adopted, as amended, by the eICy of Denton, (h} Electrical Code is the National Electrical Code promo gate ny the National Fire Protection .Association as adopted, as amended by the City of Denton, SECTION 3.4$. ENFORCEMENT (a} Enfor:in4 Officer, The ouwlding official, or his representative, is hereby authorized and directed to enforce the provisions of this article, (b) Right of Entrv, h'henever necessary to make an inspection to enforce any of the provisions of this article, or .+hanever the building official has reasonable cause to oalieve that there exists in any 5uilding or upon any promises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the building offl:ial may enter such 'DU IIAIng or premises at all reasonable times to inspect the same or to per - form any duty imposed upon the building official by this articIa, provided criat if such 'euiId Ing or premises be occupied, ne ~shal: first present proper credentials and request entry; and if such building or premises oe unocuipied, he shall first make a reasonable effort to locate the owner or other persons navini charge or control of the ouilding or premises ana request entry, If such entry is refused, the building official shat: have recourse to avery remedy provided by law to secure entry, (c) Responsibilities Defined, Every owner remains iiab;e fur vlokatlons of Junes imposed upon him by this article eve. t,nough the owner nas, oy agreement, imposed un the occupant :he PAGE 3 duty of furnishing required equipment or of complying %Ith this article, Svory owner, or 1115 agent, in addition to being respcnsibls for maintaining his building in a sound structural ;onaition, shall be responsible for keeping that part of the building or promises which he occupies or controls in a clean, sanitary and sofa condition including the shared or public areas in a ouild- ing containing two or more iwelltng units. (d) Violations. It shall oe unlawful for any person, firm or corporation to erect, construct, enlarge, alter, r!pair, ,move, improve, convert or demolish, equip, use, occupy or maintain any building or structure, or cause or permit the same to be dona or oxist on property or premiss in violation of this article Eaca day a violation of this article occurs is a separate oifansa ana is punishable by a fine of up to Two Hundred Dollars ($200.00). SECTION 5.49 iCOPS (a) Application. Tno provisions of this article shalt apply ` to all buildings or portions thereof used, or dasignao or Intenaed to oe used or occupied. such uses or oc,:upaneies existing buildings may oe continued as provided in Chapter I the Building Code, except such structures as are found to ee substandard as oefinad in this article. Where any building or portion thereof is used or intended be used as a combination apartment house-hotel , the provisions of this article shall apply to the separate portions as if tha 'wera separate buildings, Every rooming house or lodging house shall cn„piy with a!: the requirements of this article for dwellii:gs, .Alteration. Existing buildings whim are aitereu „ enlarged small be -naoe to cohf~rm to t,nis article insofar as new •.:ork is concerned and in accordance +ith Chapter i of .he 3uilding Code, ( c ) AeIoeation . 3i,iidtngs or structures noveo into thin this jurisdiction 3na1'. comply -itn all applicab:e :ooes for new ouildings and structures. i PAGE DIVISION iI MINIMUM STANDARDS SECTION $-SO, MINIMUM STANDARDS FOR CONTINUED USE AND OCCUP.L40' All buildings and portions thereof shall conform to the minirium standards for contliiued use and occupancy sot forth in this Division H. SECTION i•Sl, SPACE AND OCCUPANCY REQUIREMENTS (a) Courts, Every court shall De not less than 3 feet in width, Courts having windows opening on opposite stdes shall be not less than 6 feet in width, Courts pounded on three or more sides oy the walls of trio ouIIding shall be not lass than l) f a a t in length unless bounded on one and by a street or yard. For buildings more than two stories in height the court shall oe increased 1 foot in width and feet in length for eac3 additional story, For buildings exceeding la stories In height, the required dimensions shall oo ecnputad on the basis of 11 stories, adequate access shall be provided to the bottom of a1 courts for cleaning purposes. Every court gore than two stories in height shall be provided with a horizontal air intake at th9 bottom not less than 10 square feet in area and leading to the i exterior of the building unless aoutting a yard or puoli: space, The construction of the air intake shall b,s as required for the court calls of the building, but in no case shall be less than one•nour fire-resistive. b) y:aiiing Jalghts. Habitable space snail nave a caili.,g height of not less than 1 feet o inches except as otherwise permitted in this sac tion. Xir:tie ns, halls, bathrooms an: toilet compart;nents may have a ceiling heignt of not less than Eaet measured :o :he lowest pro)ection from the ceiling. whe.- exposed beam ceiling members are spaced at Less than 3.S incnas on :entar, ceiling height snaII oe *ieasurad to the ootton PAGE i these members, where expoeed beam coiling members aro spaced at Jg inane$ or more on conter, coiling height snalI be measured to the oottom of the deck supported by these memoirs provided that the bottom of the men,bers is not loss than 7 feet above the floor. ;f any room in a building has a sloping coiling, the prescribed ceiling height for the room is requireo in only one. half he area thereof. No portion of the room measuring less than 3 Poet from the finished floor to the finished ceiling shall bo included in any computation of the minimum area thereof. If any room has a furred coiling, the prescribed ceiling height is required in two-thirds the aria thereof. but in no case shall the neignt of the furred coiling be less than 7 foot. (c) Floor Area, Every dwelling unit shall have at least on* room Ankh snail nave not less than 130 square feet of floor area. Other haoitable rooms axeapt kitchens shall have an arts of not less than 70 square feet, where mare than .wo persons occupy a room used for sleeping purpo34s the required fiaor arcs sha11 be increased at tha rate of 50 square feet for eacr. occupant In excass of two, EXCEPT 1O14: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements; 1. The unit shall 'nave a living room of not less than 220 square feet of superficial floor area, An additional l0O square feet super- EIcial f loor area shall oe provided for each occupant of such unit ir, excess of two. The wilt shall oe provided w itii a separate closat. 3. The unit shall be provided with a :atelier, sink, cooking appliance and refrigeration facilities, each having a clear working space of not lass than 30 inclies in front, Licht and Ventilation conforming to this article mall oe provided. s. Tha unit snail oa provided with a separac., bathroom containing a 'water :lo set, lavatory and oathtub or shower. a. 'Width, No nabitaola room other :nan a '.xitchen E 5'na1 oe less than 7 feet in any dimension, PAGE 6 Sach water closet stool shall be located In a clear space not lass than 30 inches in width and i clear space in front of water closet stool of not less than dd inches shall be provided, SSCTION S•51 LIGHT AND VSNTILATION ( a ) Naturai Light and Ventilation, MI guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided kith natural light by means of exterior glazed openings %ith in area not less than one•tenth of the floor area of eucn rooms with a minimum of 10 square iaet,' All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of operable exter tor openings with an area not less than one•twentisth of the floor t area of such rooms with a minimum of 1.12 square feet, (b) Or:; in of Light and Ventilation. Required exterior apentngs for natural light and ventilation shall open diract' onto a street or public allay or a yard or court located on to same lot as the building. EXCEPTION; Required windows may open into a roofed porch 4here the porch: 1. Abuts a street, yard, or court; and L. Has a ceiling heignt of ~.ot less than 1 feet; an l 3. Has the longer side at least 65 percent open and unobstructed. A required window in a service room nay open into a vent shaft miicn is open and unoostructed to tae sKy and not less than feet in least dimension, No vent shaft shall extant through more than two stories. For the purpose of determining light and ventilation require- cents, any room may he considered as a portion of an ad) oinin; room .rnen one. naIf or the aria of the ;ommor. wall is open ana unobstructed and proviaes an opening of nut less than ane•tent, of cne floor area of the interior room or ZS square raet, wn iC aver is ;rAa:er, (c) '•Iec'uiiniaal enc11ation, In lieu of r e q uir'. d extert PAGE 7 openings for natural ventilation, a neehanical ventilation sys- tem nay be provided. Such systam shall to capable of providing two air changes per hour in all guest rooms, dormitories, habit- able rooms and in public corridors, Ono•flith of the air supply shall be taken from the outside. In b4tnrooms, water closet compartments, laundry rooms and similar rooms a mechanical ventilation system connected dIroctly to the outside, capable of providing five air changes par hour, shall oe provided td) Hal wa,9. A) i public hallways, stairs and other axIt - ways shall be adequately lighted at all times in accordance witn :hapter 53 of the Building Code. SECTION 5A$3. SANITATION (a) Dwelling Units. Every !walling unit shall be provided with a batnroom equipped with facilitlas consisting of a water eiosae, lavatory, and either a bathtub or shower. (b) Hotels. W h a r a private water closets, lavatories and oaths are not provided, there shall be provided on each floor for each Sax at least one eater closet and lavatory and one bat.i iz-es3i6le from a public haIAway , Additional ratar closets, lavatories and baths shall be provided on aacn floor for aach sex at the rate of one for every additional can gusts, or fractional rumber thereof in excess of ten. Such facilities shall be clearly marked for "glen" or "'Women". (c) kitchen. Each dwelling unit snail be provided with i kitchen. Every kitchen shall be provided 41 t;1 a kitchen sink. .ioodan sinks or sinks of similarly acsorbant .aterial shall nct Se pernittad. (d) Fixtures. All plumbing fixtures shall be connaccad to a sanitary sewer or to an approved private $a,-age disposal system. .,li plumbing fix Wras shall be connaccad to in approved systav of ,atar supply and 1rovided with iiot and coil running Tatar necessary for its normal operation. All plumbing fixtures snal'I be of an approved g:ar.ed aart',en ,Aare type or of a similarly ndnabsoroent natarial. PAGE I (a) avatar rlosdt g~rnpartments. walla and floors of water .1 1~ closet compartments analI be finished In accordance 'with Chapter I' of the Building Code, ( f ) Room Separations, Every water closet, bathtub or shower required by this article shall be installed %,4 a room 'which will afford privacy to the >eeupant, A room in which a water closet as located shall be saparatr+d from food preparation or storage rooms by a tight fitting door. (g) Installation and Maintenance. All sanitary facilities shall be installed and T,aintained Ill safe and sanitary condition and in accordance with all Applicable laws, SECTION S-SS,, STRUCTURAL. REQUIREMENTS, (a; General. Buildings or structures may be of any type of construction permitted by too Building Coda. Roofs, floors, walls, foundations and all other structural components of build. toga shall be .apablo of resisting any and all forces and loads to which they may be subjected. All structural elements shall Se proportioned and joined in accordance ~Ith trio stress li,aitations and design ritv.is as specified in the appropriate sections of the Building Code. Buildings of every permittea type of construction .shall comply with the applicable require- monta of the Building Code, (b) Shelter. Every bualding shall be weather protected ao as to provide shelter for the occupants against the elements and to exclude dampness, (c) Proticti)n and Materials AtI wood shall be protected against termite damagi and decay as provided in the 6u11din~ Code. SECTION S-SS HEATING AND VENTILATION (a) .'iaatin. every dwelling unit and guest roorn shall oe provided with heating facilities capable of maintaining a ro,±a temperature of 7Uo'r. at a point 3 ceet above the floor is .1 'iLi bitaale roans, SuCta caciiit.e6 ;nail 'oe iastalla6 aria nain- ta713d in a fare Gondit:on an!', in 3C,: Ordance with C'iar ter 1i P.~GE Y the 3uiIding Code, the moo nanieal Code, and all other appli. cable laws. Unvented fuel burning heaters shall not ba permitted. AtI heating devices or appliances shall be of an approved type, (b) Electrical;~Equipment . All electrical equipment, wiring and appliances shall he installed and maintained in a safe nanner in accordance with all sppiieable laws. All electrical equipment shall be of an approved type, Lc) Ventilation, Ventilation for rooms and areas and far fuel burning appliances shall be provided as required in tat 'Mechanical Code and in this article. Where mechanical venti- lation is provided in lieu of the natural ventilation require: oy this article, such mechanical ventilating system shall :e maintained in operation during the occupancy of any building portion thereof, SECTION S - 3 6 . 8X ITS very dwelling unit or guest room shall have access direct: to the outside or to a public corridor. ,iii buildings portions thereof shall Se provided with exits, exitways at appurtenances as required by Chapter 33 of the Building Code. Every sleeping room below the fourth story shall nave a: least one operable window or exterior door approvod for emergamc. egress or rescue, rho units mall be operable from the Inside provide a full, clear opening 'without the use of separate tools. All egress or rescue windows from sleeping rooms shall nave i ninimun net clear ooening of S.' square feet. The minimum a:: clear opening ;!eight dimension shall be 24 i,;ches. The mtntncn net clear opening width dimension shall be :0 inches. ii here co.s are ~ rovidad as a means of egress or ingress they snail have a finlsned sill height not ,pore than 14' incnes above ..e :loor. SECTION 3•i'. PtX8 PREVENTION Ail buildings or portions thereof snail oe provided witn Jegree of fire•resistive -.onstructian as required oy clie Buila,.-.; I PAGE 10 Code for the appropriate occupancy, type of construction and location on property; and shall be provided with tna appropriate fire extinguishing systems or equipment required by Chapter 33 of the Ruilding Coda, DIVISION Iii, SUBSTANDARD BUILDINGS SECTION i-iB, DEFINITION (a) General, Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby is declarea t: bo a substandard building, ( b ) Inadequate Sanitation, Inadequate sanitation sha11 Include but not 'oe limited to the following: 1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel, 3. Lack of, or improper kitchen sink. J, Lack of hot and ,told running water to plumbing fixtures in a hotel or :Hotel. i. Lack of hot and cold running water to plumbing fixtures in a dwelling unit, 6. La,:k of adequate 'heating facilities, Lack of, or improper operation of required ventilating equipment. 3. Lack of minimum amounts of natural 1t;ht and ventilation required by this article. Room anti space ii,mension; less than required oy this article, 10. Lack of requirea electrical lighting and power. 11. Dampness of habtta'ble rooms, 12. Iafostation of insects, vermin or rodents as determined by the ouflding official or health officer, i3. General ilapiaation or improper nain tenanee• PAGE 11 1♦, Lack of connection to required sewage disposal system, 15. Lack of adequate garbage and rubbish storage and removal facilities as determined oy the building official, (c) Structural Hazards, Structural hazards shall include but not be limited to the followir%gi 1. Deteriorated or inadequate foundations, 2. Defective or deteriorated flooring or floor supports, 1. Flooring or floor supports of insufficient size to carry Imposed loads with safety, J. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration, S, Members offwalls, partitions or other vertical supports that are of Insufficient size to carry imposed loads with safety, b. .Members of callings, roofs, tailing and roof supports or other hori:ontal neabers which sag, split or buc'<la due to defactive •aatev%al or deterioration, 1. Members of ceilings, roofs, tailing and roof supports or other horizontal members that are of insufficient size to carry Imposed loads with safety. g, Fireplaces or chimneys which list, bulge ov settle, due to defective ma teria1 or deterioration, 9, Fireplaces or chimneys which are of Insufficient siza or strength to carry Imposed loads with safety, (d) Hazardous Wiring. AlI wiring except chat which conformed with all applicable laws In affect at tha time of Installatior, and which has been maintained in good condition and is baiag used ;n a safe manner. ;a) Hazardous ?lumbiqA, dil plumbing except chat which conformeo with all applicable laws in eii.ct at the tine o; installation and wnieh has 'Dean maintained in good Condition Ana Ahich is fr as of cross -connections a nd siphonage Detwe a'A f ix tur as, i} ~iazardous Mechanical Sat.ipmant. ill mechanical equip - i ment, including vents, except Ina: whicn conformud h,th I PAGE 11 i applicable laws in affect at the time of installation and which has boon maintained in good and safe condition, (gi Faulty weather Protection, which shall inCtuae but not i be limited to the fo.lowing; 1. Detortoratod, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exteri•sr walls, roof, foundatons or floors, including broken or missing windows or doors, 1. Defective or lack of weather protection for exterior wall coverings, Including lack of paint, or weathering due to lack of paint or other approved protective covering. 4. :roken, rotted, split or bucklad exterior wall coverings or roof coverings. (h) Fire Hazard. Any building or portion thereof, devlee, apparatus, equipment, combustible waste or vegetation which, in tiie opinion of the chief of th-s fire dopartment or his deputy, is in such a condition as to cause a ;Ire or axplosion r provide a ready iuel to augment the spread and In tans Ity of firs or explosion arising from .,ny cause (t) Fault Materials of Construction. All materials of construction except thas o xhich are specifically allowed ur approved by this code and the Building Code, and which nave he en adequately maintained In good and safe condition. (j ) Hazardous or Unsanitary Promises. Those premises ~n which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constituta fire, health or safety hazards in the opinion of t,ie building official or his designated representative. k) inadequate 'Maintenance. Any building or portion there- of which is determined to be an unsafe ouilding in accordance Aitn Chapter ? of tna Building Code, (li Inadequate Exits. All buildings or portions thereof n:t provided with adequate exit facilities as required by this article except those buildings jr portions thereof whose ex i: facilities conformed with all applicable laws at tiie time PAGE 13 their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change In occupancy, When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed, (m) Inadequate PI Li Protection or Fire•Fi0 tint Equipment, AlI buildings or portions thereof which are not provided with the fira - resistive construction or fire-extinguishing systems or equipment requires by this article, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction ana whose fire resistive integrity and IIre•extinguishing systems or equipment have been adequately maintained and improved in relation to an Increase in occupant load, alteration or addition, or any change in occupancy, (n) improper OccuoanSX.all buildings or portions thereof occupied for living, sleeping, cooking or dining purposes whicA were not desiined or intended to be used for such occupancies, DIVISION IV. PROCEDURES SECTION 5.59, NOTICES AND ORDERS OF BUILDING OFFICIAL. (a) Commencement of Proceedings, wherever the building official nas inspectea or caused to be inspectea any building and has found and determined that Such building is a substandard building, he shall commence proceedings to cans: the repair, vacation or demolition of the building, (b) Notice and Order. The building official shall issue i notice and order directed to the record owner of the building. The notice and order shall contain: 1. The strear addre,ts or a legal description sufficient for identification of the premises upon which the ouilding is located, A statement that the nuilding official has found the building cc oe suostandard pith a brief and concise description of the .onditions found to PAGE 11 render the building substandard unaer the provisions of this article. A statement of the action required to be taken as determined by the building official, a, If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the data of the order) and completed within such time as the building official shall determine is reasonable under all the circumstances, b. if the building official has determined that th-a building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable, c. ti tno building of fieial - has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all demolition permits required be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable. 4. Statements advising that if any required repair or demolition .rork (without vacation also being required) is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed. S. Statements advising l) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the Building Code Board, provided the appeal is made in writing as provided in :his article and filed with the builuing official within 50 days from the date of service of such notice and order; and i2i chat failure to appeal wi11 constitute a waiver of all right to an adininistrativa hearing and determination of the matter. c) SERVICE OF NOTICE AND ORDER Tne notice and order, and any amended or supplemental noti:t and order, shall be served upon the record owner and posted the property; and one copy thereof shall be served on eacn the fal1Owing if known to the ouilding official r disclos.+c • I PAGE 15 r from offlcial public records: the holder of any a:ortgage or deed of trust or other lion or encumbrance of record; the owner or holder of any lasso of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. 'rho failure of the building official to serve any person raquirad herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty at obligation imposed on him by the provisions of this article. (d) METHOD OF SERVICE Service of the notice and order shall be made upon aIi persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage propaid, return receipt requested, to each such person it his address is it appears on the last real property assessment roll of a loci" taxing authority or as is otherwise known to the building official. If no address of any such person so appears or is known to the building offlcial, then. a copy of the notice ano order shall oe so mailed, addressed to such parson, at tye address of the building involved in tiie proceedings. Tye failure of any such person to receive such notice shall eat a i f a c t he validity of any proceedings taken under tyis article. Service by certified mail in the manner herein provided shall be effective on the date of nailing. SECTION i•00. RECORDATION OF NOTICE AND ORDER If compliance is not had with the order witnin the specified therein, and no appeal nas dean properly and timely fildd, the ouilding offlcial shall file in the Deed Records the Offi.e of the County Clark a certificate describing :ne property and certifying ll) that the building has lea 471 ioterniried to Oe a substandard ouilding by the ouilding official and i2) that the owner nas oeen so notified, wnenever tae corrections ordered shall thereafter have oeen completed or :h -j Juilding demolished so that it no longer exists as a substandara PAGE 16 bui14Ing on the property described in the certificate, the building official shall file a new cartificate with the County Clark certifying that the building has been demolished or ai: required corrections have been made so that the building is no longer substandard, wnichevar is appropriate, SECTION S•61. REPAIR, VACATION AND 0840LITION ( a ) Standards to be Followed, The following standards steal; be followed oy the building official (and oy the Building Coda Board if an appeal is taken) in ordoring the repair, vacation ar demolition of any dangerous building or structure: 1. Any building declared a substandard building under this article shall either be repaired In accordance with the current Building Code or shall be demolished at the option of the building owner, 2. If the building or structure is in such condition as to make It immediately dangerous to the Iifa, limb, property or safety of the publlc or its occupants, it shall be ordered to be vacated. SECTION i•62 NOTICE TO VACATE (a) Posting, Every notice to vacate shall, in addition being served as provided in Section 5.59 be posted at or ups: Bach exit of the building and shall ae to suostantially ""t following form: 00 NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy tnis ouilding, or to remove or deface this notice. 9UILDING OFFICIAL CITY OF DENTON, TEXAS (b) Comoliance, 'whenever such notice is posted, the oui:.- ing official shall include a notification thereof in the not-.:: and order issued by him under this article, reciting emergency and specifying the conditions wnich necessitate posting. No parson shall remain in or enter any building An:_. has been so postad, except that entry nay oe made to repa:~ de;aolish or remove such ouilding under permit, No person sha.. remove ar deface any sucn notice after it is posted until required repairs, demolition or removal have oetn :onpletea a~: I PAGE I, a Certificate of Occupancy issued pursuant ,o the provisions of the Building Code, SECTION 8.61, APPEALS (a) Form of Appeal. Any person entitled to service under Section 5.84(e) may appeal from any notice and order or any action of the building official under this article by filing at the Office of the Building Official a written appeal and filing fse of Twenty Dollars ($20.00). The appeal shall eontainl 1. A heading in the words: "Before the Building Code Board of the City of Denton, Texas". 2. A caption reading: "Appeal of giving the names of all appellants paa rTipating in the appeal. 3. A brief statement setting forth the legal Inter- est of each of the appellants in the building or the land Involved in the notice and order. 4. A brief statement in ordinary Ind concise language of the specific order or action protested, together with any ma;arial facts claimed to support the contentions of the appellant, S. A brief statement in ordinary Ind concise language of the relief iougnt and the reasons why it is claimed the protested order or action should be reversed, codified or otharwise sac aside. 6. The signatures of all parties named as appel - lants and their official mailing addresses, 1. The verification (oy declaration under panaIty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal shall be filed within 30 lays from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such camdttion as to make it immediately dangerous :o +ha life, limb, property or safety of the public or a(I)acent property and is ordered vacated and is posted in accordance with Section 5.62, such appeal shall be filed within 10 days from the date of the service of the notice and order of :he ouilding official. ('p) Processing of .appeal. Upon receipt of any appeal fil:; pursuant to t n I s article, and recaipt of the filing fee, ;e oui'A ding official shall present the appeal at the next regular or special ieeting of the 3uilding Code 3oard. ic) Schedulinj and Noticing Apoeal for hearing, As Sddn s; p raC ticadle after receiving the ~r itten appeal the Budding 1:044 PAGE la Board shall fix a date, time, and place for the hearing of the appeal by the board. Such date shall be not less than 10 days nor more titan 60 days from the date the appeal was filed wit-, the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal, SECTION 5.64, SCOPE OF HEARING ON APPEAL Only those matters or issues specifically raised Dy tA.3 appellant shall be considered in the hearing of the appeal, SECTION 5.65. STATING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Section 5.61, enforcement of any notice and order of the building officta. issued under this article shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. SECTION 5.66, PROCEDURE FOR CONDUCT OF HEARING APPEALS (a) Hearing Sxaminers, the board may appoint one or more hearing examiners or designate one or more of its members serve as hearing examiners to conduct the hearings, Ta examiner hearing the case shall exercise all powers relating the :onduct of hearings until it is submitted by him to the board for decision. (b) Record A record of the entire proceedings shall De wade by tape recording, or by any other means of permanent recording determined to be appropriate by the ooard, (c) Reporting, The proceedings at the hearing shall also -spurted oy a reporter of requested by any party thereto. transcript of the proceedings shalt De made available to a:: parties upon request and upon payment of the fee prescri,e: therefor. (d) Continuances. The board may grant continuances for i;,:- cause shown; however, ,hen a nearing examiner has peen ass,.gne. PAGE 19 to such hearing, no continuances inay be granted except by htat for good cause shown so long as the matter remaiis before him, (a) Oaths-Certification. In any proceedings under this artIcIo, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts, (f) Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matte- before it, Due regard shall be shown for the convenience ana necessity of any parties or their representatives, SECTION 3.61. FORM OF NOTICB OF HEARING The notice to appellant shall be substantially in the folio.- ing form, but may include other information; "You are hereby notified that a hearing will be held be- fore the Building Code Board, at on the day of , i3 at the hour oe upon the not caa-d -3rder served upon you. You may5e present at the hearing. You .may be, but need not be, represented by counsel You may present any relevant ' evidence and will be given full opportunity to cross- examine all witnesses testifying Against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production or books, documents or other things by filing An affidavit therefor with the Building Code Board (or name of hearing examiner)," SECTION 3.68, SUBPOENAS (a) Filing of Affidavit. The board or examiner may obtai: the issuance and service of a subpoena for the attendance witnesses or the prodk,ction of other evidence at a hearing upart the requst of a member of the board or upon the written dema:.i of any party. The issuance and servica of such subpoena Ana'.. oe obtained upon the filing of an Affiaavit therefor An:- states the name and address of the proposaa ~,Jtness: Ape :Ekes the exact things sought to oe produced and the material thereof in detail to the issues involved; and states that witness nas the desired things In its possession or under control, A suopoena need not be issued when the uffidavi: . defective in any particular. PAGE ld (b) Cases Referred to Examiner In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner, (c) Penalties. It shall be unlawful for any person to refuse without lawful excuse to attend any hearing or to produce mate- rial evidence in his possession or under his control as required by Ti), subpoena served upon such person as provided for herein. SECTION 3.69. CONDUCT OF HEARING ( a ) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. (b) Oral Evidence. Oral evidence shall be taken only on oath or affirmation. (c) Hearsay Evidenca. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not oe sufficient in itself to support a finding unless It would be admissible over objection in Civil actions in courts of competent jurisdiction in this State, (d) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence ort (hich responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might ,'hake improper the admission of such evidence over ob)action in civil actions in courts of competent jurisdiction in this State, !eJ Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. (f) Rights of Parties, Each party shall have these rights, among others: I. to ca 11 and examine 41 tnessas on any matter relevant to the issues of the hearing; 2. to Introduce documentary and physical evidence; 'o cr0ss•axamine opposing witnesses on any matter relevant to the issues of the hearing; i, To impeach any witness regardless of wnicn party sirit caked nim to testify; PAGE 2 l 's, To re'out the evidence against him; 5, To represent hlmso.f or to be represented by anyone of his choice who is lawfully permitted to do so, (g) Inspection of the ?remises. The board or the hearing 9.xaminar +nay inspect upon notice to all parties any building or premises involved in the appeal during the course of the hearing, SECTION S•70, METHOD AND FORIM OF DECISION ( a ) Hearing before Board Itself, where a contested case is heard before the board itself, no menbor thereof who did not hear the avidencs or has not road the entire record of the proceedings snail vote on or take part in the decision, ('o) Hearing oefore Sxaminer. If a contested case is heard by a hearing examiner alone, he shall within a reasonable time not to exceed 90 days from the data the hearing Is closed) su'omit a written report to the board, Such report shall contain a brief summary of the evidence considered and state the examiner's findings, conclusions and racommendations, The report also shall contain a proposed decision in such form that it may be adopted by the board as its decision in the case. A11 exam iLor Is reports filed with the board shall be matters of public record. A copy of each. such report and proposed aecis ion shall be mai lad to each party on the date r.hey are filed with the board. Consideration of Ye port by Board-Notice, The board shall fix the time, data and place to consider tha axaminer's report and proposed decision. Notice thereof small as iai lad to each interested party not lass than live Gays prior to the late fixed, in lass it is Otnerwise stipulated 'oy all of the parties. la) Exceptions to ZeDOrt. Not later than two days 'oofore the date set to consider the report, any party nay file i,rtttan exceptions to any part or ail of :na examiner's report and may attach thereto a proposal aac ision togetner pith written ?AGE 22 argument in support of such decision By leave of the boara, any party may present oral argument to the board, (e) Disaosit3on by the Board. The board may adopt or re)ect the proposed decision in its entirety, or may modify tai proposed decision, (f) Proposed Decision Not Adopted, If the proposed dectsiar, is not adopted as provided in Suosection (e), the 'ooard ma, decide the case upon the entire record before it, with or wit,n• out taking additional evidence; or may refer the case to the same or another hearing examiner to take additional evidence. the case is reassigned to a hearing examiner, he shall prepar- a report and proposed decision as provided in Subsection b hereof after any additional evidence is submitted, Consideration such proposed decision b;• the board shall cumply with the provi - sions of this section. (g) Form of Decision, The dacision shall be in writing ani shall contain finding3 of fact, a determination of the issu-s preadntad, and the requirements to ba compliad with. A copy the decision ehall be delivered to the appellant personally :r sent to him by certified mail, postage prepaid, return recei:: requested. (h) effective Date of Decision. The effactive date of t..e decision shall be as stated therein, SECTION 5.71, DDIOLITION ORDERED•HEARING 10 BE HELD IN ALL CASES (a) Hearing Roquirea. In cases here the ouilding officio: has determined :hat a ouilding or structure snould oa damoli;h?., a hearing before the Building Code Board shall ie 'neld regar_- less of whether or not an appeal from such uetermination as peen flied o;r any person (o) Notice If Hearini. Notice of the tiearing shall oe gi:- r, as in cases wnere an appeal nas oeen fiieo, In ado ition , ..e Secretary of the Board s0aii pause a notice to be pubiishea in a newspaper of general circulation in the City at least ten PAGE 23 days prior to the scheduled hearing data. The published notice shall be directed to any person having any interest in the property, stating the names of such persons, if known. The notice shall include; 1, The street address and a legal description sufficient for Want if icatiON of the premises upon which the building is located. statement that the ouilding official has found the building locatoa thereon to be substandard and to constitute a hazard to the health, safety and welfare of the citizens, 1, A statement that a hearing will Da hold before the Building Code Board on a date and time and at a place therein +peciiied to determine whether the building should be demolished in accordance with the notice and order of the building official. te) Nearing Procedure. The hearing shall oe held in aecor~ dance with Section 5.66, as in cases where an appeal from the building official's order has oeen filed. (d) Determination Required to Demolish. A notice and order to demolish a building shall be issued on)y in those cases ,,here the board after the hearing has determined that the building is dilapidated, substandard or unfit for human habitation and that the ouilding constitutes a hazard to the health, safety and welfare of the citizens, ;he board shall make its daterminat~,on and d a c i s i o n in accordance with p r o c a a u r a s 5f Section 5.10 as though in appeal has oeen filed. (a) Notice of Demolition. 1. notice by Mail. n'henevor the Board has determined that a building should be denolisneo, t n a ooards notice and order shall oe sent to all record owners, interested parties of record or other persons known to nave an interest in the proper:. informing such persons of the Board's iete:nination and :hat, ;pursuant t.i said determination, the 5uilding wi11 'oe demolisheoa 1'he notice shall 9 t 3 t a that the costs of denoilu on shall ;z assessed against the property, All notices snail be writ registered or pertified mail, return receipt requested. Not Ice by Publication. a 3oaition to the torego tna ouilding official shall cause td de published :n a PAGE :4 nowspaperof local circulation, prior to the beginning of demolition, a notice of the board's determination, The notice shall contain a description of the location of the property and shall state that the building on the premises will be demolished and that the cost of demolition will be assessed against the property, SECTION 5•12. PERFORJWNCE OF MiOLITION When any demolition 14 to be done pursuant to this article, the building official shall cause the work to be done by city personnel or by private contract unuer the supervision )f the building official, ,all contracts for demolition work shall be entered into pursuant to procedures specified by ordinance or state law, SECTION S•71, RECOVERY OF DEMOLITION COSTS The building official shall keep an itemised account of the expense incured by the City of Denton in the demolition o,: any building dons pursuant to this article and the entire costs of demolition, less any salvage value recovered, shall iie levied, assessed and collected by the Office of the Building Official, Upon completion of the demolition, a privileged lien, second only to tax liens and liens for street improvements, shall )e filed and perfected against the property on Nnich the demolition occurred. The cost levied against the property snail include One Hundred Dollar ($100.00) administrative fee. The ouild.n; official snail send a notice to the owner of the prenises requsting payment ) f the demolition a)sts s;ithin thirty ;;v' days of the date of the notice, any such assessment rerrainini unpaid after thirty (30) days from ,he date of notice shat: become delinquent and shall bear ;nterest at ten percint riot per annum. The amount of the assessment snail )e subject to .,,e same procedure and sale in case )f delinquency is provided . the laws of the State of Texas for real property taxes. SECTION i • 7 J . OUECI IONS i 0 ASSESSMENT Any person interested in or aifectad oy an tssessinent levte: PAGE 25 against property as a result of any demolition work may file a written protest or objection with the Building Code Board, specifically stating the grounds of such objections The board shall within a reasonable time review the assessment and the grounds for ob}actions and may ad)ust the amount of such assessment in accordance with any errors made in calculating such assessment, SECTION ltI. That Section 5 •7S through Section S•174 of Chapter S of the Code of Ordinances of the City of Denton, Texas is hereby reserved for future use, SECTION IV, That if any sectlon, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of .ompetotat )urisdlction, such holding shall not affect the validity of the remaining portions of this ordinance, and the ;icy Council of the City oe Dencon, Texas, hareby declares it would have enacted such remaining portions despite any such invalidity, SECTION V. That any person violating any of the provisions oe this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars (5200,00); and each iay and every day that the provisions of this ordinance are viola tad shall constitute a separate and distinct ofeanse. This penalty is in addition to and cumulative of, any other remedies as :nay oe availacla at law and equity. SECTION VI That this ordinance shall >eccme effective fourteen 1111 4as from the date of its pa SS aria the V1 C;1 Secretary 15 nerebv directed Co cause the Caption Of t n I S Or,{inance C0 be PAGE 16 published trice in the Denton Record•Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 193J, RICHARD 3THWART , KAY, CITY OP DENTON, TEXAS .ATTEST ; CHARLUTTh a. 3 e , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM! C. J. TAYLOR, JR.. CITY ATTORNEY CITY OF DENTON. MAS EY: PACE 27 CITY OF DENTON MIiMURANDU,\l DATE OF MEETING: September 65 1983 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM 15 TO BE PLACED ON AGENDA) Amend City Plumbing Code SUMMARY: Proposed amendments will: (1) Adopt the appendices of the 197:4 Uniform Plumbing Code. (2) Require insulation of water ana waste piping subject to freozing. (3) Give plumbing inspector authority to require water test on certain plumbing fixtures. (4) List specific materials which may be used for waste piping. Eliminates the phrase or other approved materials (5) Same as (4) above except (5) applies r,, water pip :'-`fig: (6) Provides alternative method of providlu; combustion air for gas appliances FISCAL SUNWARY. Adoption of proposed amendments shoulo not cost the City any money nor should it produce any revenue. ACTION REQUIRED: Adoption by City CenllCil ALTERNATIVES: Leave ordinance as is STAFF RECOMMM)ATIONS: The Plumbing and Mechanical Code Board has reviewed the proposed amendments and recommends adoption. HXlliB1T;; n t. ae~4 '9 ' MINUTES PLUMBING AND MECHANICAL CODE BOARD JULY 16, 1981 Presents Pete Work, Bill Burley, Paul Williams, Bob Widmer and Building Official Absent: George Becker, Bob Sullivan and Jerry Jones 1. It was moved by Burley and seconded by Williams THAT THE MINUTES OF MAY 14, 1981 BE APPROVED AS WRITTEN. Motion carried unanimously. 2. It was moved by Williams and seconded by Widmer to GRA.\'T MR, VIRGIL STRANGE A VARIANCE FROM SECTION 904(b) OF TH1 PLUMBING CODE CONCERNING ACCESS PANELS AT BATH TUBS IN A HOUSE LOCATED AT 2006 LAUREL STREET. Motion carried unanimously, • 3, It was moved by Burley and seconded by Widmer TO AteND SECTION 1212(x) OF THE PLUMBING CODE TO READ AS FOLLOWS : ALL GAS PIPING USED FOR THE INSTALLATION, EXTENSION, ALTERATION, OR REPAIR OF ANY GAS PIPING SHALL BE STAN D.A," WEIGHT WROUGHT IRON OR STREL (GALVANIZED OR BLACK), YELLOW BRASS (CONTAINING NOT MORE THAN SEVENTY-FIVE (75) PERCEN's COPPER), OR INTERNALLY TINNED OR EQUIVALENTLY TREA-1-ED COPPER OF IRON PIPE SIZE. APPROVED PE PIPE MAY BE USED IN EXTERIOR BURIED PIPING SYSTEMS. Motion carried unanimously, 4. It was moved by Williams and seconded by Burley TO APPRC!%E ITEMS ONE THROUGH SEVEN ON THE ATTACHED SHEET FOR AMENDMENT, DELETION OR ADOPTION AS INDICATED. Motion carried unanimously. Meeting adjourned at 5:00 p.m, Pra ,posed Amendments to Plumbin Code 1 11 Amend section 315(f) of the 1979 UPC to read as follows No soil ar waste pipe shall be installed or permitted outside of a building or in an exterior wall unless where necessary adequate provision is made to protect such pi e from freezing, All water piping run in an exterior wall, attic or crawl space shall be adequately insulated to protect from freezing, 2. Amend section.401(a) of the 1979 UPC to read as follows: Drainage pipe shall be cast iron, gllvanized wrought iron, lead, copper, brass, AaS or PVC having a smooth and uniform bore, except: (1) that no galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (152.4 mm) above ground, (2) ABS or PVC installations are permitted in buildings not exceeding three (3) stories in height. 3. Amend the first sentence of section 401(b) to read as follows: Drainage fittings shall be of cast iron, malleable iron, lead, brass, copper, AB5 or PVC. 4. Amend the last sentence of section 318.2(b) of the 1979 UPC and the last sentence of Article T, section 1,7-2 (a) (4) to read as follows All fixtures designed to retain water, such as lavatories, sinks, bath tubs, laundry trays, etc., sh_31l be filled with water to the overflow level and shall retain same for fifteen (15) minutes without leakage when requested by the plumbing inspector. 5. Adopt appendix of 1979 UPC as recommended by the Plumbing and Mechanical Code Board at their meeting of March 19, 1980 and as stated in section 322(b) of the 1979 UPC. 6. Delete section 904(b) of the 1979 UPC. 7. Amend the second sentence of section 1004(a) of the 1979 UPC to read as follows: Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel or lead. Schedule 40 PVC having the National. Sanitation Foundation seal and the letters PW may be used for cold water distribution systems outside a building. 8, Amend section 1212 of 1979 UPC. M I N U T 4 S Plumbing and Mechanical Code Board November 10, 1982 PRESENT; Pete Work, Bob Widmer, George Becker, Paul Williams, Bob Sullivan arrived at 4;30, Ray Bunting, Jackie Doyle ABSENT; Jerry Jones 1) Paul Williams was sworn in by Margaret Green. 2) It was moved by Becker and seconded by Williams that the minutes of March 2S, 1982 be approved as written, Motion carried unanimously, 3) Williams commented that he would like for the Board to consider the use of backflow preventers similar to those used in most other area cities for the protection of water suppies in connection with lawn sprinkler systems. Chairman, Pete Work asked Charles Bryant representing Millard Heath and Company to speak to the Board regarding the use of 8 pounds per square inch gas pressure at Flow Memorial Hospital. Mr. Bryant asked the Board to permit the continued use of 8 pounds per square Ihch gas pressure at Flow Hospital after the gas meter is relocated. 4) The following is a brief summary concerning the natural gas piping installation at Flow Memorial Hospital which resulted in Millard Heath and Company's request for a variance from Chapter 12 of the plumbing code. Several months ago a 500 horsepower boiler was installed at Flow Hospital. The boiler Is located outside the north wall of the existing boiler room. The gas meter installation is located In the same general area. After the boiler was installed, it was enclosed by a metal building, The south wall of the new building is the north wall of the existing boiler room. The new building also encloses the gas meter installation which is a violation of the plumbing code. Therefore, the gas meter must be relocated, The existing gas pressure serving the hosrital is 8 pounds per square inch. Ray Bunting, plumbing inspector, was of the opinion that the plumbing code did not a,dress gas pressures in excess of 5 pounds per square inch and informed Millard Heath and Company that 8 pounds per square inch would not be permitted in the building, This interpretation resulted in Millard Heath and Company's variance request. page 2 of 3 pages Considerable discussion followod this request, Widmer asked why the pressure could not be reduced to 5 pounds, Bryant said that he had checked with the gas company and was told that their meters would not allow enouggh gas to pass through at 5 pounds to supply the 34,000 CFH requirement of the hospital's boilers. Paul Williams said that he did not see any problem with the use of $ pound gas pressure in the building. He was aware of other buildings including a Dallas hospital which i.tsed gas at pressures in excess of 8 pounds, He was of the opinion that whatever pressure was needed to operate the equipment in a building should be permitted Doyle stated that the National Fire Code would permit gas in excess of 5 pounds when approved by the authority having jurisdiction and if the piping had welded joints or if the piping was confined to a boiler or mechanical room, Bryant gave Board members a drawing of the proposed piping layout which showed existing and proposed piping. The Board reviewed sections 1219 and 1220 of the plumbing code and after considerable discussion agreed that the code did permit gas pressures inside buildings in excess of 5 pounds when approved by the administrative authority. George Becker asked Ray Bunting about an alleged statement he had made to Bryant and contained i,1 a letter from Bryant to Doyle which indicated that the City .attorney's office would not honor any appeal or waiver by the Plumbing Code Board. Bunting said that he felt his discussion with Bryant had been misconstrued and that all he had done was ask the City Attorney for an opinion concerning whether or not the code allowed the use of gas in excess of 5 pounds per square inch and that he had not received an opinion yet. Williams moved and Sullivan seconded a motion to grant a variance for the use of 8 pounds per square inch gas pressure at Flow Hospital. Work asked if the gas company should give the City a letter stating that the gas pressure would not exceed 8 pounds per square inch. Other Board members did not think such a letter was necessary since it was not the policy to require similar letters for other gas pressures. Doyle asked if a variance was necessary since the Board was in agreement that what Millard Heath and Company was asking to do was already permitted by the code if the administrative authority approved. Doyle suggested that instead of granting a variance the Board give their approval. Williams moved and Widmer seconded a motion to allow Lone Star Gas Company to furnish gas pressure to Flow Hospital in accordance with their needs but not to exceed 8 pounds per square inch. Motion carried unanimously. S) Doyle gave Board members copies of a memo from him to Rick Svehla, Assistant City Manager concerning the City Councils request that permit fees be increased enough to page 3 of 3 pages produce a $15,000 increase in revenue over last fiscal year. The memo indicated that an in rease of the minimum plumbing permit fee from $10,00 to 12.00 would result in an estimated revenue increase of $10080, it was moved by Sullivan and seconded by Becker that the minimum plumbing permit fee be increased from $10.00 to $12,00. Motion carried unanimously. There was a discussion concerning the time required in making gas inspections and the $4,00 permit fee charged in making such Inspections, It was the opinion of the Board and the plumbing inspector that the $4.00 fee was not adequate. The Board requested the Building Official review this fee and report his findings to the Board at its next meeting. The above mentioned memo also indicated a deeded Increase in mechanical permit fees. The memo indicates that an j increase from $11,00 to $17.00 In the basi,: residential air conditioning permit fee would result in an estimated revenue increase of $768.00 during the 182•183 fiscal year. Widmer questioned the justification of a $6.00 increase and asked how many inspections were required for this type of permit. The Building Official indicated that two inspections were required. Widmer moved that the permit fee be increased from $11,00 to $15.00, Motion died for lack of a second. Becker stated that he would not make a service call for $8.00. Becker moved and Widmer seconded a motion to increase the basic residential air conditioning ,;ee from $11.00 to $17,00. Motion carried unanimously. Meeting adjourned ;at 6:00 p.m. #03448 NI MORANDUM TO: Rick $vehla, Assistant City Manager FROM., Jackie Doyle Building Official DATE; November 8, 1982 SUBJECT; Permit Fee Increases As a means of collecr;ing an additional $15,000 in permit fits as directed by the City Council the following permit f:e changes are proposed. 1, Increase minimum plumbing permit fee Troia $10,00 to resulting,in an (-stimated revenue increase of $1,080.00, 2. Increase minimum electrical permit fee from $7,SO to $12.:0 resulting in an estimated revenue increase of $11980.00. 3. Increase basic residential air conditioning permit fee fr:n $11.00 to $17.00 resulting in an estimated revenue increase of $768,00. 4. Increase sign permit fees krom $10,00 to $20,00 resulti-g in an estimated revenue increase of $960.00, 5. Increase private swimming pool 'permit Fees from $20,00 ;o $30.00 and commercial skimming pool permit fees from $30.:0 to $40.00 resulting in an estimated revenue increase :f $450,00. n. A new, fee for Certificate of Occupancy inspections sho-.:',d result in a revenue increase of at least $2,250.00. 7. Last year, 2S7 building permits were issued for Tani-%t Finish Outs, storage buildings, carports and si.mi?tr structures resulting in $16,381.00 in permit fees. '`te present formula for determining permit fees for these ty;'-s of structures is as indicated in the following cxamp.,:: SOO squa,'a foot storage building, Multiply 500 sq. ft. x 6,50 (constant} = 3,2SO, Take this number and use permit fee schedule which indicates $20.00 for the first 2,000 - 4 for each additional 1,000 or fraction thereof - $28.:J. Increase this total by 5010, $42.00, It is estimated t'-.:t by changing the 6.50 constant to 7.50, an estimated reve.-,e increase of $21457.00 will result. Page 2 Permit Fee Increases 9, Building permit fees for all buildings except those listed in R8 above are calculated in the same manner as those in k8 except the consta;tit is 11,00. It is estimated that by, increasing the constant from 11.00 to 13.50, an increase in revenue of $6,033,00 can be expected, The total projected revenue increase from items 1 - 9 is X15,788,00, These proposed increases will be reviewed by the appropriate boards during the week of November 3, 1982, Jack Doyle,-, Building Of iic as ~p f ~b 1 I ~98L AS ORDINANCE MENDING CHAPTHA 11 OF THE 0008 OF ORDINANCES OF THE CITY OF D88TON1 THUS, BY ADOPTING THE APPENUICES TO THE 1979 EDITION OF THE UNIFORM PLI)MBING CODE; PROVIDING FUR CERTAIN DELETIONS AND AMENDMENTS TO THE 1979 EDITION OF THE UNIFORM PLUMBING CODE; INCREASING X LNCMUM PLUMBING PERMIT FEES AND DECL.AAING AN EFFECTIVE DATE, THE COUNCIL JP THE CITY OF UBNTON, 14XAS HEknBY ORDAINS: PART t that Paragraph ta', of Sol: tton 1' t, Chapter 11, .+rticle I of the Code of Ordinances of the City Of Uencon, Texas, is hereoy amended to road As toIlow$ (a) The untforn Plumbing Coda, 11'9 Edition, and -appendices A through t thereto, as recommended by tho International As3o- ciar.ion of Plumbing and Mechanical Uritciait, a copy of wnich Shall os filed wt th the Office of the City Sacratarv is Document No. a Ana ba available for public inspection, is 'norebv adoptad and designated As the plumbing Coda of the City of Uonton, Texas, the same as though Said ad Itioa of such code And the appendices thereto were copied At length airein, Suo)sct to the 3o'ations and amendments enumerated iereafter: 111 (No change from Ordinance No, il•.J}, 1.11 Amend Section 313 lf) to read: No soil or caste pipe anal: oe installed or permitted outside or a building Or in an i.,~tarior .ra11 unlass adequate provision is maoa to protect such pipe Erom freezing, A11 Rater pipiA? rust in an exterior call, attl or crawl space shall be adequately insulated to protect from freezing. No change from lr31iance No, 31.30 3 1 No change Pram Ordinance No. 11 01. ,4 amend iect ion 31 1 ,3(o) :a read: n1 'Media. the piping of the plumbing, :r ainaYe And renting systems shall be esteG .ILA rater ~r Air. Ine admm,nIStrativa Aucnorit•! may cea.iire .ne removal any 4 ido - auc, a teto asr!rtain If the pressuri ,As r•ACneG .ill )arts if the iv 3tsm, ?Liter tie, plumbing .ix:uTeS lave een sat AnG their traps filled ,iitn .Ater, tnav mail Da 3Uarilittad :o a i:nAi , i Cast. All fixtures designed to rota in water, such as Iava - torles, s inks, bathtubs, laundry trays, et(: sha11 be filled with water to the overflow level and shall retain sawe for fIteen (!51 minutes without leakage whon requested oy the Plumbing Inspector. {i) Mend Section 401 to read: (a) Drainage pipe shall be east iron, galvanized steel, gaivanlzid wrought Iron, laad, copper, Urals, ABS or PVC having a smooth and uniform bore, axcepc; {l) That no galvanized steel pipe shall be used underground and shall be kept at feast slx (6) inches (Ht.amml above ground, (tl .CBS or PVC Installations are permitted in buildings not exceeding thrao (5) stories in height, kb) Drainage fittings !hail be of .ast iron, maIIea01a iron, lead, 'orass, copper, ABS or PVC having a smooth interior waterway of the same diameter as the piping served and all such fittings shall conform to the type of pipe used. (ll Fittings on screwed pipe shall oa of the recessed drainage type. Burred ands shall ;e* o reamed to the full bore rf the pipe, The threads of drainage fittings shall ba tapped so as tc allow ono faurtn ll/41 inch per foot (.0.) mm/m) grade. t6) 00 change from Jrdinance ,vo. 31-.0). (uo ~.hange from Ordinance vo. 3l-'U), i3) 0o change from Ordinance No it-20). 13,1) Delets Section 904 (b), Connections. lSo change from Jrdinance No. ii- U). ).1) Amend Section 1004 (a) to read: ia) Nater pipe and fittings shall oe oe orass, copper, cast iron, galvanizad mailiable iron, galvanized wrought iron, galvanized steel or lead. Schedule 10 PVC: naviag the National Sanitation Foundation seal foliowea oy the letters Pti nay ie u a a a for cold watar distribution systern s outsida of 'ouildings• All aaterials used in the water supoly system, axcepc valves and similar devices shall ie of a it,te natartal, a.xcept. wnere atier,wtse approved iy the Adminiitrative ;utnori':y, PAGE I (10) (No change from Ordinance No, 81•ZO), (11) (No change from Ordinance No, 81.20), (12) (No change from Ordinance No. 8l 201. (l3) (No change from Ordinance No. 81.10), 11S 1) Amend Section 1212 (a) to read (a) All gas piping Used for the installation, exten- sion, alteration, or repair of any gas piping shall be standard weight wrought iron or steel (galvanized or black), yellow brass (containing not more than seventy-five (151) percent copper), >r Internally tinned or equivalently treated copper of iron pipo site. Approved PE pipe may be used in exterior buried pipin; systems, (14)(o)•(14)(c) (NO change from Ordinance No. 81.10). (14)(d) Alternate methods of supplying combustion air: In lieu of other requirements, combustion air supple may be designed in accordance with recognized engineering principles when first approved by the administrative authority, PART 11, That this ordinance shall become effective immediately up:a its passage and approval. PASSED AND APPROVED this the dap, of lyit. RTCRrT U. J iti , MYOK CITY OF DbSTON, TEXAS A?TEST: CHARLOTTE ALLEN, CITY "NETARVYY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J, 'TAYLOR, JR,, CITY A'T1'0RNEY CITY OF DENTON, 'TEXAS BY North Taxa• Higher Education Authority, hte. 201 P, Abram, Suite 750 Arlington, 'fsxas 76b 10.1196 (817) 266.9158 August 17, 1983 Honorable James Riddlesperger, Mayor City of Denton Denton City Hall 215 Es McKinney Denton, Texas 76201 Dear Mayor Riddlespergert On September 30, 1983, the terms of off tee expire for Places 6 and 8 on the Board of Directors of the North Texas Hi, her Education Authority, Inc. These positions are currently held by Mr. Melvin Gouge and Mr. Michael Gratidey, respectively. Both Mr. Gouge and Mr. Grandey have graciously expressed willingness to serve another two-year terra, and at its meeting of August 8, 1983, the Board chose to recommend the rc-appointment of these individuals, On behalf of the Board, therefore, I wish to recommend that the City Council consider the nomination of Mr. Melvin Gouge, Director of Financial Aid at North Texas Stare University, for re-appointment to Place 61 and Mr, Michael Grandey, Vice-President and Cashier of U.S. Bank, for re-appointment to Place 8, on the Board of Directors of the North Texas Higher Education Authority. The new terms of office for both positions expire on Septembnr 30, 1985. Please nofify us at your earliest convenience of the City Cousncll.'s actions on this matter. The Board of Directors of NTHEA appreciates the continued strong support of the Denton City Council. We hope that the efforts of the Authority have produced the hoped for results in your community. Thank you for consideration of this matter. Sincerely, W.11. Nedderman President WHN/ld AGi NDA ADDENDUM CITY OF DhNTON CITY COUNCIL Sept:omber G, 1983 1. Appearance by Mr, Bill Cox requesting permission to bolt nowspaper racks into City of 1)onton sidewalks, 2. Consider approval of Change Order N4, Red River Construction Company, Hickory Creok Lift Station, for the Control Building cooling system, CLR'.fIFICATki I certify that the 0jovo notice of meeting was posted on the bulletin board at the City Hall of the City of Benton, Texas, on the day of , 198 at O'clock (a.m. (plnl,) CITY SECRETARY 10070 CITY OF DENTON MEMORANDUM TOi C, J, Taylor, City Attorney FROMi Charlotte Allen, City Secretary DATEi August 30, 1983 SU13JEellI Request of USA Today to install Newspaper Racks on City of Denton Sidewalks Attached please find a getter which Chris received from Mr, Bill Cox regarding a request for USA Today to install newspaper racks on City sidewalks, The letter states that these racks are to be bolted into the concrete. As the sidewalks are City property, does Mr. Cox need to appear before the Council and request permission to install these racks! If so, is permission granted by resolution or by a motion? If Mr. Cox does have to have Council permission, he would like to be on the agenda for the September 6 meeting, Please let me xnow how I need to handle this. Thank you, 77 Char~otteAlle~- ca attachments l' a h I~ f (l y 'S f+' jt':i I;I • ;1 i of (}[MI, 0995C HT7„H3 1012 Cordoll 383-1995 Dear Mr, Hartung, I ant r e~ua s tang permission to ins tall USA 'Poda,Y ne,aspaper racks at the locations listed on the enclosed permission forms. Also enclosed are written permissions from the store owners, Newspaper racks already exist at all t)-ase sites except for the Corkscrew at the corner of Oak and Ave The proprietor of the Corkscrew aprood to the placement of a rack on the condition I obtain permission to bolt it down, He is p~.rticularly concerned about safety, Bolting the rack to the concrete is the safest. way to go, and it i.s the way the rack is designod to be installed, Enclosed is a picture of the rack showing the metal plate base that is bolted down at each corner. The installation process consist of drilling four holes approximately two inches deep and 313's inch thick into the concrete, I am planning on these being permanent sites, but if I was asked to move a rack, :I would patch the holes, If this matter can be handled from your office without going; before the City Council, please return a copy of the permission form in the envelope provided, Enclosed is a much-traveled copy of our paper minus the business secti.onj someone stole it, Thank You, 64) Bill Cox •r~ I P;ivcr Pormis;;.ion La the wholesaler ^.Bi11 Cox _T to install a USA Today rack atr mine a.f rack c, i to r -seQ beIQw location of rack si to r ~ci tv side a) Happy Endings b) Ell.ington's name r c) Vim's Diner d) Marvin Loveless Studio phoney _ e) Cork Screw A • r I give perinissi on to the wholesaler _Bill Cox to install a UtiA Today rack atr name of rack s i to r s~ e._ ow location of rack site, city sidewalks _ a) Happy Ending b) Ellington's namer _ ) Jim's Diner d) Marvin Loveless Studio Phoney e) Cork Screw L I (ltvc:• pormission Lot))() whoierm."Lur 'k-_-- to l.natall a USA Toclay rack ,:rtr name of rack s.l ter - _ .location of rack liter phone r 1 • r I give permission to the wholesalcr to install a USA Today rack at: ~1 r name of rack suer rI r•,c location of rack site l r J phony r ' 4 1 fr,ivn prrmi s;;ior, to tho wh01esaleru[iA"~ to .ltw tal..l a USA `['ode;y t a0k fit i a f naint, of' rack iocat.Jon of rack it,e phone i A i EO I give permission to the wholesaler Lo install a USA Today rack at name of rack site; location of rack sites J pholle , v G c( i , A A l g1ve per.n i sm i on to the Wholesaler t.o Anstal.l.J1 LISA Today rack at, j name of me location of rack si to i phone, Gannett Co. 936 NY" SMf" act Prioo Range P•8 Rollo Dividend Yield ' S&P Ranking Jun.271 1983 69 72.61S'e 20 1.80 2.6 A 811rn1naryl This leading newspaper pubils"t 41p daily end 32 noni newsoooerel slsn has Intercats In y► broadoaet, haven teklvfelan std ions sod 13 radlo Watlallsl and outdoor 40verlislnAiySA2pduc a a a me or c rimily n • peopfap c c 1 I n in se ACgq`L~dI$IIIIbn'-s fNlde. If $410 oarnings prowlh la likely for 1983• ~Mry Into new ' Ourrent Outlook Pernings for 1983 are ekpeolled to rfse from the ! l~~ 1133,39 • share reported for 1982, The $9.45 quarterly dividend Is the triMmum all peotatlon, F11t, ~s Iril+, ,tit+l it ( With implovomont in economic aollvity, earnings w art 46; ~4r„ .•1 for 1983 should beneAl from higher newspaper, broodcaslfng and outdoor advertising rovunues - r-~r - r) and cool conirol measures. However, higher In- forest charges (not), and poste related to USA ' Today could realriat earnlnua gains. TR601w yawn MOUSAYD SNM!6 Operating Revenues (Million _13 Wks. 1483 1982 1981 1980 • fro" Mar. 387 339 306 273 1917 :1418 1474 198o 1991 1994 5981 Jun......,............... it27 384 360 Sep 368 336 297 Important Developn►ents Dec 428 377 337 1,520 1,387 1,216 Jun, '83-The company re lorted that d had com- pteted the acquisition of WL.VI•TV. Boston, the nallon's sixth markel. and had sold WIKY•TV. Operating revenues lot the March, 1983 quarter Louisville, Ky., the 441h market. Earlier, OCI put. advagcod 14%, year to year. Margins narrowedohosed WTCN•TV, Mlnneap tls•SI, Paul, and sold in poll reflacting Investments in USA Today. How'- KARK•TV In Little Rock, OCI plans to acquire over. after lower nonoperat(ng expenses (net) KRON•TV in Son Flanasco and intands to sell or and taxes at 49.6% in both interims, not income trade slotlons In Okiahana laity and sort Wayne. gained 1.9%. Muy'83-00 said Thal It expects another record Oornrlnon Sharo Earnings earnings year for 1983 and a conllnuation of the _ 13 Wks. 1983 1982 1981 1980 rectice of annual dividend Increases. Separate. 12 Ill Qn~QMQRIIX Thal It w I I Py t Mae..... ...I............ 0.81 0,80 0.66 0.60 I LGU>+Welt IL a GIIC L~ Sep..........•.......... 0.851 0. 88 0.61 88,3. t 1olue Dec,,,,,,,,,,,,,,,,,,,,, 1.06 1,01 0,88 ' l 3.39 3.17 2.81 Next earnings report due In late July, r..lw■ Per 8here Data (=r )f Yr. endll 31 1082 +1981 11980 1111170 +1978 't977 11976 +191S +1914 1073 Book Vstuo 6,40 8.07 6.47 6.38 4 47 4.59 5.48 4.77 4.02 3.17 Earnings) 3.39 3.17 2.81 2.50 207 1.73 1.48 1.21 1.06 0.94 Dividends _ 1,74 1,67 1.38 1.21ye 0,95Y6 0,76Y, 0.6716 0.37)1, 0.286/4 0_20+1, Payout Ratio 51% 60% 48% 47% 46% 44% 39% 31% 25% 22% Prtcoo -H Low igh 66 46 38N6 3296 3344 2711, 271ie 26)1, 26v) 30 201/2 33,12 28 PIE Ratio- 19-9 16811 14-9 13-11 6 18 2141 16-12 18-16 21-1)3 24.12 321 2f Dili 01104 r60td. Adi.la eu diri6i. a150a,J6n. 1991 o . 7. ReAecN mbQe, o, 6<4uielion i.Oel TDec. arm! nal 017 M Ig79. Slanderd NYSE Stock Reports JWy 6, 1983 Slanderd 6 Poor's Corp Vol.601No. 12S/Sao, 10 r~„yee 6usu.wlro,,weuay„p,,,.r 26 Broadway, NY, NY 10004 i 93~ Gannett Col, Ing1 1"?o1~ Cato gMllllort~l eN K ow' IaL ill 'NN Ma~itf tat, Y4444 44 fill All Owl l a qew IMp N, r . 0 Oro Mw, M 111 i 1 6~ t13 012 0~,d ~I4 41,a'K ' 1112 11620 440 x910% 114 68.1 2 4 3 ,8 6Wb.-.. l r3 1881 4661 3 .zpgg 2 p0g~ ~p 8 124.9 1 ~4Q tat 12. % 1188 1;066 228 30,0% Itif. 43,4 22,1 °Y2gb 1' g78 668 81 41 2g 8.1 174 b2.1',h 83 12, 0% 18 i 26 s96 4 t 19.6 3.8 142 51.2% 98 1 " I,A 97 All 11.6% 1818 413 ,08 202% 27 10:8 3• I r4 48,6% 3d 10.8 119976 366 89 2226,0% 24 g 1973 227 88 22:a~ 24 9:i a 4 88 448.8% 29 Ie ie 114114nae $heN Da II ("11110a !3 ROL 4009 cell, K I.T AOL Total on Tkfn moll TOUT 001 on --Cwranl-^ or Calt, fili Dec. 31 Caah All Lab, Ratio AINIa WAIN 04b1 Eaulliv _ 1,126 1,126 9 N 201.6% 1982 64 3,12 248 1,3 1,674 1 ~~81 898 1981 88 324 296 I. I 1.448 _ 13.0% 221 ~12 226 1 jj 2 12 a, 4;'1 e8 766 983 11-1% 2 200 191 1.0 11049 14.0 1215- 817 842 14.0% 2~,8b % t9 9 3 1978 107 193 112 1 J $29 29 1 143.0. 109 341 66444 11 i% F28.8% _ 1977 43 116 18 _ 1.6 6. T_% . , ~9 ~ 978 39 Rd 4456 1 1.6 331 12.0% 24 2 2 _267 2BT 8,+% 16.9% 1974 16 59 38 1.8 4l 10.0% 4n 198 268 21.f% 16 4% i 1973 20 69 38 1.6 294 10.1% 66 aocool woudowom~ Dille 1e Ol,q Ie010. 1, Pill margl+Or eCQU13d1rM 2. tier Ioec. taint sun 1919. J. ReAecle lmg Change. 844.91a~ss Suntnrsry Ilona are located In Chicago, Cleveland, Detroit, Los Angetee, St. Louis, and San Diego, and an Ganr:ell Co. Is pnmanly engaged In newspaper PM station 1s located in Yampa, pubtinhing, television and radio broadcasting, and ouldodl advenlsing. Conlrlbutions to operating Outdoor advertising propel los are located in Arl- income b) business 999 9oouel, Texas and intCanada liners, Michigan, I revenues and operating meat in 1982: Revs. Income Dividend Dats Newspaper publishing 78n'o 16% Dividends have been paid since 1928'A'dKidend d 1 1Cb 14% to Invastment plan la syeilabl 9roa da8ling 1 l00 Outdoor a dverllsing 1 1,°b Aml. al Date Ex-divd,' Stock 01 Payment I`,ewspaper operalions consist of 88 daily news, Oivd. _ol oats RKerd Date ; apera in 37 stales end two U•S. tornlOnes 0 d3 Aug. 24 Sep. to Sep. t8 Oct. 1'82 (Ouam end the Vil Islands), and 33 non-daily 0 45 Oct. 26 Deo 13 Dec. 17 Jan. 3'83 newspapers io nine stales and Washington O.C. 0 46 Feb. 22 Mar, 14 Met. 18 Apr. 1'83 Al the end of April, 1911 daily Tveregonirculat~on 0,45 May 24 Jun, 13 Jun, 17 Jul. I'll was 4,8 million. including A l~ n '9S1neWSOaoe • t er oparaton Next dividend meeting; Isle Aug. '83. Inc u as o IcuaUOn o. nations and meter local ad Q4apltailYation veMisers principally for OCI's newspapers and Long Torm Debts 5284,373,000. provision of news aarvices. Six VHF television alattons are owned in Atlanta. Common sl hold 63,291%; Gsannett r 131 Fpart.oundation, Denver, 9oaton, Mtnneapolts•St. Pauli Oklahoma Inc. owns about d t about 7009b; City, And Phoenlxl and one UHF TV ctallon Is owned in Fart Wayne, Six AMiFM radio eonlil Shereholdersr 10,843. 01~, 1e-L:ncON tOVe1. ROCne11e+, N Y I161H. T11W }t8154e.6aoo CMM a fkN-A. H ".lift . Yf SeCY"t l.Chapgll. YP teas-J.l C0 NY~, t0pnl1maIe~~cc m IWoN fVN 1r a 1~p/ yje(1WIInIY1Ner Atcforkm "Q nifit . A OII C Ifeunln ~f eA ReY~01d1, Jr BO D. W'nMNlf Weil M AMIK- J rea ms' J. E, Iherdeti J W McC1we, 0, sled In NeW Ydf% 1o?J: 11~1CdrlwkNel~ M D ll in W2 8enk01AOtn1lIN,NY AeglettN-•WI!meM,dlendBln\,ROCne1lN,N.Y.IncdtpOf bl0rtn11,M n11 0NP OOUM1d from IOU1C 11 D1111vId 10b4 11fi1011. 0v111/ /GtW Irv Ind COmpMIMMN Ire MI OwN tailed. I 1 H CITY OF DENTON MEMORANDUM TO Mayor and Members of the City Council FROM Charlotte Allen, City Socretary 1)A1'1September 3, 1983 SUBJECT: Back-up Matorials for Agenda Addendum Item N2 The back-up materials for this item will be available prior to the Council meeting on September 6. Thank you. Charlotte Allen ca 10080 i AGENDA ADDENDUM CITY ON DENTON CITY COUNCIL September 6, 1983 1, Appearance by Mr, Bill Cox requesting permission to bolt newspaper racks into City of Denton sidewalks, 21 Consider approval of Change Order #4, Red River Construction Company, Hickory Creek Lift Station, for the Control Building cooling system, CERTIFICATE I certify that the above notice of meeting was }hosted on the bulletin board~t the City Hall of the City of Denton, 'T'exas, on the day of 198 at o'clock (a.m.) CITY SECRETARY 10070 CERTIFICATE OF AUTHENTICITY ..n» THIS IS To CEPTIFY that Iho mlaophntogrophs oppoorlnp on this flim-FI140 >is.r►tln~ with CITY COUNCIL AGENDA PACKET 09/06/83 and WIMP with CITY COUNCIL AGENDA PACKET aro accuroto and complots roproductlono of Iho records of (Company and Qopl,) CITY OF D ON CITY SECRETARY .as dollvorod In the r+ouler towtso of ley Ines ter phoioprophlnp, It is Iwther cortlAod that the micr4photogrophlc procosios wor+ accomplished in w monnor and on Alm which rrswtc with roqulromonts of Iho National bureau of Slanden+ds tw pormanonl mlcrophafoprap:+ic topyo Rio ~.ldlrt^ . Rocord+ ~omP-'!i'. rL... Ib«reel TECKnoLCQY Al Its OP~ PS.ACEj atn yjit~Ppirk Prier Stat•